Wescott Agri-Products, Inc. v. Geckler Companies, Inc. et al

Filing 95

CONSENT JUDGMENT AS TO CORPORATE DEFENDANT, GECKLER COMPANIES, INC. AND INDIVIDUAL DEFENDANTS, RICHARD J. GECKLER AND VICCI L. GECKLER. Signed by Judge Paul A. Magnuson on April 22, 2011. (smr)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
WESCOTT AGRI-PRODUCTS, INC.,

)
)
Plaintiff,
) CIVIL ACTION
)
v.
) Case No. 10-2344 PAM
)
GECKLER COMPANIES, INC., RICHARD )
J. GECKLER, individually, VICCI L. )
GECKLER, individually, and STERLING )
)
STATE BANK, INC.,
)
Defendants.
)
CONSENT JUDGMENT AS TO CORPORATE DEFENDANT,
GECKLER COMPANIES, INC. AND INDIVIDUAL DEFENDANTS,
RICHARD J. GECKLER AND VICCI L. GECKLER
Upon the joint request of plaintiff, Wescott Agri-Products, Inc. (the "Plaintiff"), and
defendants, GECKLER COMPANIES, INC. (the “Company”), RICHARD J. GECKLER, individually
(“Mr. Geckler”) and VICCI L. GECKLER, individually (“Mrs. Geckler”) (Company, Mr. Geckler
and Mrs. Geckler are hereinafter collectively called the "Geckler Defendants"), for the entry of a final
judgment by consent between the parties as follows:
A)

The Geckler Defendants have indicated their individual and collective consent to the
entry of this Judgment and, through such consent, have waived personal service and
any objection to the Court’s exercise of both personal and subject matter jurisdiction
in this matter over them to allow for the entry of this Judgment.

B)

The Court, having been so advised, hereby finds the Geckler Defendants, jointly and
severally, are indebted to the Plaintiff, for a breach of the trust imposed upon their
assets under § 499e(c) the Perishable Agricultural Commodities Act, 1930, 7 U.S.C.
§§ 499a-499t, as amended (2007 & Supp. 2010) (the “PACA”), in the agreed amount

of $102,931.09 plus post-judgment interest at the contract rate of one-and-one-half
percent (1.5%) per month and all fees and costs of collection, until the entire judgment
is paid in full.
Accordingly, IT IS HEREBY ORDERED:
1.

On Count I of the Complaint, Final Judgment is hereby granted and entered in favor

of Plaintiff and against the Geckler Defendants, on a joint and several basis, in the amount of
$102,931.09, including costs, attorney’s fees and pre-judgment interest at the contract rate agreed
between the parties of one-and-one-half percent (1.5%) per month, until the entire judgment is paid
in full (hereinafter the “Outstanding Indebtedness”), less any sums recovered under any other Counts
of the Complaint.
2.

On Count II of the Complaint, Final Judgment is hereby granted and entered in favor

of Plaintiff and against the Geckler Defendants, on a joint and several basis, in the full amount of the
Outstanding Indebtedness, less any sums recovered under any other Counts of the Complaint.
3.

On Count III of the Complaint, Final Judgment is hereby granted and entered in favor

of Plaintiff and against the Company, in the full amount of the Outstanding Indebtedness, less any
sums recovered under any other Counts of the Complaint.
4.

On Count IV of the Complaint, Final Judgment is hereby granted and entered in favor

of Plaintiff and against the Principals, on a joint and several basis, among themselves and with the
Company on Counts I and II, in the full amount of all indebtedness secured by Plaintiff’s PACA trust
rights, less any sums recovered under any other Counts of the Complaint.
5.

Nothing in this Judgment shall be construed as limiting the Plaintiff to recovery from

any particular Defendant before any other. While the Plaintiff is restricted to a single recovery, that

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recovery may be had from any of the Geckler Defendants, in any order of payment, up to and
including the full amount of the Outstanding Indebtedness.
6.

The amount of this Judgment, with a corresponding credit given for all sums Plaintiff

actually receives in satisfaction hereof, is hereby expressly founded upon the Geckler Defendants’
breach of their fiduciary duties and, as such, is hereby excepted and excluded from any discharge of
personal liability which either of them may seek in any proceedings under Title 11, United States Code
pursuant to 11 U.S.C. § 523(a)(4).
7.

All parties acknowledge and agree to the terms of this Consent Judgment and intend

to be legally bound thereby as evidenced by their signatures below.

DONE AND SO ORDERED

DATE: This 22nd day of April, 2011.

s/Paul A. Magnuson
Paul A. Magnuson
United States District Court Judge

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Consent to Entry of Judgments:

WESCOTT AGRI-PRODUCTS, INC.

GECKLER COMPANIES, INC.

By:

By:

s/ Michael J. Keaton, Esq.
One of its Attorneys

Daniel R. Kelly, Esq.
Ryan A. Olson, Esq.
FELHABER, LARSON, FENLON & VOGT
220 South 6th Street, Suite 2200
Minneapolis, Minnesota 55402-4504
Phone: [phone]

s/ Richard J. Geckler, Sr.
Richard J. Geckler, Sr.
Its President

RICHARD J. GECKLER, SR., individually

By:

Michael J. Keaton, Esq.
KEATON & ASSOCIATES, P.C.
1278 W. Northwest Hwy., Suite 903
Palatine, Illinois 60067
Tel: [phone]

s/ Richard J. Geckler, Sr.
Richard J. Geckler, Sr., personally

VICCI L. GECKLER

By:

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s/ Vicci L. Geckler
Vicci L. Geckler, personally