Northwest Bank v. McKee Family Farms, LLC et al
Filing
22
STIPULATED ORDER CONVERTING TEMPORARY RESTRAINING ORDER TO PRELIMINARY INJUNCTION . Signed on 8/26/15 by Judge Michael W. Mosman. (dls)
UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
PORTLAND DIVISION
NORTHWEST BANK f/k/a NORTHWEST
SAVINGS BANK, a Pennsylvania statechartered savings association,
Plaintiff,
v.
MCKEE FAMILY FARMS, LLC, an
Oregon limited liability company; SCHARF
FARMS, INC., an Oregon corporation;
DUSTIN WILFONG, individually and dba
DUSTIN WILFONG FARMS; DENNY
WILFONG, individually and dba WILFONG
FARM’S; K & J FARMS, LLC, an Oregon
limited liability company; CREEKSIDE
VALLEY FARMS LLC, an Oregon limited
liability company; ALFRED V. MULLET;
SJB FARMS, LLC, an Oregon limited
liability company; KAUER FAMILY
FARMS, LLC, an Oregon limited liability
company; DAN G. FANNING, individually
and dba FANNING FARMS; CLARKE
ELLINGSON; GILBERT & SON, INC., an
Oregon corporation; KEN CRUICKSHANK
FARMS, INC., an Oregon corporation;
LARRY BURGER; DOERFLER FARMS,
INC., an Oregon corporation; GOLDEN
VALLEY FARMS, LLC, an Oregon limited
liability company; ZEIGLER FARMS, LLC,
Case No. 3:15-CV-01576
STIPULATED ORDER CONVERTING
TEMPORARY RESTRAINING ORDER
TO PRELIMINARY INJUNCTION
Oregon limited liability company; JANZEN
FARMS LLC, an Oregon limited liability
company; EDIGER FARMS, LLC, an
Oregon limited liability company; JOHN
IMLAH and MARGY IMLAH, individually
and dba HOOD VIEW FARMS; DARYN
BRUTKE; ANTHONY DERAEVE;
RAINBOW HILL RANCH, INC., an Oregon
corporation; ROHDE GENERATIONS
INC., an Oregon corporation; M. GRANT
RICE; KEITH B. DEJONG; MATTHEW J.
RICE; DEAN C. DODSON; RYAN
KADELL; ROBIN KADELL; MT. HOPE
SEED CO., INC., an Oregon corporation;
RIDDELL FARMS, INC., an Oregon
corporation; GARY CROSSAN FARMS,
LLC, an Oregon limited liability company;
PAUL H. COUSSENS FARMS, LLC, an
Oregon limited liability company; PHIL
SPIESS; TIM PFEIFFER; KCK FARMS,
LLC, an Oregon limited liability company;
CARLTON SEED, LLC, an Oregon limited
liability company; MEADOW RIDGE
FARMS, INC., an Oregon corporation;
MARK W. GEHRING and CAROL A.
GEHRING, individually and dba GEHRING
FARMS; TRIPLE K, LLC, an Oregon
limited liability company; LARRY D. BELL;
and INTEGRATED SEED GROWERS,
LLC, an Oregon limited liability company,
Defendants.
THIS MATTER previously came before the Honorable Michael W. Mossman on August
21, 2015 on Plaintiff's Ex Parte Application for Entry of Temporary Restraining Order and
Preliminary Injunction ("Application"), against Defendant Riddell Farms, Inc. ("Defendant" or
"Riddell"). Subsequent to the entry of the temporary restraining order ("TRO"), the parties now
further agree that the TRO may be converted to a preliminary injunction ("Injunction").
Therefore, Plaintiff Northwest Bank ("NWB") and Riddell stipulate, pursuant to Fed. R.
Civ. P. 65 for immediate entry of a preliminary injunction against Riddell on the following terms:
IT IS ORDERED AND ADJUDGED that the Injunction is hereby GRANTED as
follows:
1.
Riddell, their officers, directors, employees, agents, subsidiaries, distributors, and
all persons in active concert or participation with Riddell having prior actual notice of the TRO or
of this Order are hereby enjoined from the sale or other disposal of the 2014 Radish Seed1. The
2014 Radish Seed is in and is to remain in Riddell's possession, properly insured at all times,
until further order of the Court and/or stipulation of the parties;
2.
Riddell, their officers, directors, employees, agents, subsidiaries, distributors, and
all persons in active concert or participation with Riddell having prior actual notice of the TRO or
of this Order are hereby enjoined from taking any additional seed from either of the warehouses
owned by McKee Family Farms, LLC located at 11640 Elkins Road, Monmouth, OR 97361 and
22450 SW McKee Road, Amity, OR 97101;
3.
Riddell, their officers, directors, employees, agents, subsidiaries, distributors, and all
persons in active concert or participation with Riddell having prior actual notice of the TRO or of
this Order shall provide an accounting to NWB of any proceeds from the sale of the 2014 Radish
Seed that has occurred to date within fourteen (14) days of entry of this Order, and either:
(1) tender such amounts to the Court pending the outcome of this matter or (2) hold such sale
proceeds in escrow pending issuance of final judgment by this Court on the priority of liens set
forth in the Complaint;
1
"2014 Radish Seed" refers to the seed listed by lot number in the Settlement Sheet For Riddell
Farms 2014 Radish Crop, attached to the Indemnity Agreement between McKee and Riddell.
(See Creal Dec., Ex. I).
4.
This Injunction shall remain in effect until further Order by the Court or stipulated
by the parties;
5.
Pursuant to Fed. R. Civ. P. 65(c), NWB has posted an irrevocable letter of credit
issued by NWB in the amount of Five Thousand Dollars and Zero Cents ($5,000.00) as payment of
damages to which Riddell may be entitled for a wrongful injunction or restraint, during the
pendency of this action, or until further Order of the Court;
6.
Based on the above stipulation to convert the TRO to the Injunction, the parties
request that the Court strike the hearing on NWB's Motion for Preliminary Injunction scheduled
for the 31st day of August, 2015, at 4:00 PM, Courtroom 16, of the U.S. District Courthouse,
1000 SW Third Avenue, Portland, Oregon.
7.
SERVICE. A copy of this Order and of the Complaint filed in the above matter,
together with all supporting papers, shall be served by NWB upon Riddell by hand delivery,
regular mail, or electronic mail within two business days following NWB's receipt thereof;
Riddell's counsel has agreed to accept service of the Order as well.
DONE AND ORDERED in Chambers as the U.S. District Courthouse, 1000 SW Third
Avenue, Portland, Oregon, this 26th day of August, 2015, at 3:57 xxxx
AM/PM.
/s/ Michael W. Mosman
United States District Court Judge
Submitted by:
s/ Kimberly Sugawa-Fujinaga
Kimberly Sugawa-Fujinaga, OSB No. 054685
kims@mcewengisvold.com
McEWEN GISVOLD, LLP
1100 SW Sixth Avenue, Suite 1600
Portland, OR 97204
Tel: (503) 226-7321
Fax: (503) 243-2687
Of Attorneys for Plaintiff
s/ John D. Albert
John D. Albert, OSB No. 760418
jalbert@shermlaw.com
SHERMAN SHERMAN JOHNNIE & HOYT
693 Chemeketa Street NE
P.O. Box 2247
Salem, OR 97301
Tel: (503) 364-2281
Of Attorneys for Defendant Riddell Farms, Inc.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?