AgStar Financial Services, PCA et al v. Eastwood Diary, LLC et al

Filing 52

ORDER AUTHORIZING DISBURSEMENT OF PROCEEDS TO AGSTAR FINANCIAL SERVICES, FLCA AND AGSTAR FINANCIAL SERVICES, PCA. Signed by Judge Thomas M Rose on 06/04/12. (pb1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
AGSTAR FINANCIAL SERVICES, PCA,
et al.,
Plaintiffs,
vs.
EASTWOOD DAIRY, LLC, et al.,
Defendants.

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CASE NO. 3:11-cv-00280
JUDGE THOMAS M. ROSE

ORDER AUTHORIZING DISBURSEMENT OF PROCEEDS TO AGSTAR
FINANCIAL SERVICES, FLCA AND AGSTAR FINANCIAL SERVICES, PCA
This matter is before the Court on the Motion of Receiver, Roach & Associates,
LLC (“Roach” or “Receiver”), for an Order Authorizing Disbursement of Proceeds to
AgStar Financial Services, FLCA, and AgStar Financial Services, PCA (collectively,
“AgStar”) filed May 7, 2012 (ECF No. 50) (the “Motion”). In the Motion, the Receiver
seeks to have the Court authorize the disbursement of the net sale proceeds, as
derived from the sale of the Receivership Property, to AgStar. The sale was conducted
pursuant to an Order Approving Bid Procedures, Setting Sale Hearing and Related
Matters, entered February 24, 2012 (ECF No. 40) (the “Sale Order”), granting the
Receiver’s unopposed Receiver’s Motion for Entry of an Order (1) Authorizing Sale of
Receivership Property Free and Clear of Liens, Claims and Encumbrances; (2)
Approving Bid Procedures With Regard to Sale of Receivership Property; (3)
Scheduling Sale Hearing; and (4) Approving Other Matters Related to the Sale of
Receivership Property entered February 10, 2012 (ECF No. 33), and an Order
Confirming Sale of Receivership Property Free and Clear of All Liens, Claims and
Encumbrances entered on April 11, 2012 (ECF No. 45).

The Court being duly advised, GRANTS the Receiver’s Motion and ORDERS
that:
The Receiver may disburse the net sale proceeds in the amount of
$4,842,830.64 to AgStar.
SO ORDERED on June 4, 2012.

s/Thomas M. Rose

THOMAS M. ROSE
UNITED STATES DISTRICT COURT