Farmers Cooperative Society of Sioux Center et al v. First National Bank of Omaha

Filing 42

ORDER denying 32 Motion for Certificate of Appealability; denying 34 Motion for Certificate of Appealability and denying 36 Motion to Stay. Signed by Senior Judge Malcolm J. Howard on 1/10/2012. (Heath, D.)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

SOUTHERN DIVISION

NO. 7:10-CV-202-H

FARMERS COOPERATIVE SOCIETY
OF SIOUX CENTER, IOWA and
COOPERATIVE ELEVATOR
ASSOCIATION,
Appellants,

ORDER
v.

FIRST NATIONAL BANK OF OMAHA,
Appellee.

This matter is before the court on Appellee First National
Bank

of

Omaha's

motion

for

proceedings.

The

appellants

briefs

been

filed.

have

certification
have

and

responded,

These

motion
and

motions

to

stay

supplemental

are

ripe

for

adjudication.
Appellees seek to have this court certify an appeal to the
Fourth
§

Circuit

158(d) (2) (A).

certify

that

its

Court

of

Appeals

pursuant

To grant appellee's motion,
order

(1)

involves

a

to

28

U.S.C.

this court has to

question

of

law as

to

which there is no controlling decision of that court of appeals

1

or of

the

Supreme

Court of

the united States,

matter of public importance;

(2)

the judgment,

or

involves

a

order, or decree

involves a question of law requiring resolution of conflicting
decisions; or

(3)

an immediate appeal from the judgment, order,

or decree may materially advance

the progress

proceeding in which the appeal is taken.
Appellees

argue

that

there

of

the

case or

Id.

is no controlling decision of

the Fourth Circuit or of the United States Supreme Court.
case

involves

the

statutory

construction

of

Chapter

This

570A

of

Title XIV of the Iowa Code and a legal determination regarding
whose

lien takes priority.

This

impression in the Fourth Circuit.
appellee's motion,

issue would be one of
However,

11-0532

(Iowa Dec. 30,

upon a certified question of law from the United States

District
Supreme
570A.5

since the filing of

the Iowa Supreme Court has issued its ruling

in Oyens Feed & Supply v. Primebank, No.
2011),

first

(3)

chapter's

Court
Court

for

the

Northern District

determined,

creates
certified

a

as

did

superpriority
request

this

Iowa.

court,

rule

provision;

of

that

independent

accordingly,

The

Iowa

"section
of

the

[the

feed

supplier] did not have to comply with section 570A.2 in order to
achieve superpriority status under section 570A.5(3) "

Id.

The

Iowa Supreme Court noted this court's ruling in the instant case
and cited it with approval.

2

In

of

light

interpretation

of

certify on appeal

Iowa

Supreme

question

which

the
the

to the

Court's
appellee

Fourth Circuit,

authoritative
has

sought

to

appellee's motion to

certify [DE #32 and #34] and motion to stay [DE #36] are DENIED.
This

~

rrJt

day of January 2012.

~--------Senior United States District Judge

At Greenville, NC
#26

3