United States of America v. Mighty Fine Cattle Company LLC et al

Filing 47

ORDER signed by Judge Pamela Pepper on 8/22/2018. 42 Plaintiff's motion for confirmation of sale GRANTED. 46 Plaintiff's motion for adoption of stipulation to release Fond du Lac County's claim to sales proceeds GRANTED. See order for details. (cc: all counsel) (cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

UNITED STATES OF AMERICA,
Plaintiff,
v.

Case No. 17-cv-328-pp

MIGHTY FINE CATTLE COMPANY LLC,
TRAVIS L. KRUEGER, EMILY E. KRUEGER,
FARMERS GRAIN & FEED LLC,
PHI FINANCIAL SERVICES, INC.,
KETTLE-LAKES COOPERATIVE,
MARVIN A. RATE, DAVID A. THOMPSON,
SERWE IMPLEMENT CO., INC.,
CAPITAL ONE BANK USA NA,
FISHER & THOMPSON, INC.,
FOND DU LAC COUNTY TREASURER,
Defendants.

ORDER GRANTING MOTION FOR CONFIRMATION OF SALE (DKT. NO. 42)
AND MOTION FOR ADOPTION OF STIPULATION TO RELEASE FOND DU
LAC COUNTY’S CLAIM TO SALES PROCEEDS (DKT. NO. 46)

On June 29, 2018, the United States filed a motion for confirmation of
the sale of property located at W4855 Super Drive in Campbellsport,
Wisconsin, which the court previously had ordered foreclosed. Dkt. No. 42. The
United States since has filed a stipulation between the United States and the
Fond du Lac County Treasurer, in which the parties agree that Fond du Lac
County releases its claim to the proceeds of the sale, and that the United
States is entitled to the full proceeds with no senior lien from Fond du Lac
County. Dkt. No. 46-1.
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The court has reviewed the motion for confirmation of sale, as well as the
affidavit of Michael Carter, dkt. no. 43, the appraisal from Ag Appraisal
Services LLC, dkt. no. 43-1, and the report from Marshal Kevin Carr as to the
sale process, dkt. no. 44. The court finds that these documents demonstrate
that the Marshal gave notice of the sale, that a certified appraiser opined that
the value of the property (with an estimated marketing time of six to twelve
months) was $290,000, that Joseph F. Stevens, Jr. was the highest bidder at
$200,000, that there appears to be no lienholder senior to the United States
and that Mighty Fine Cattle Company, Travis Krueger and Emily Krueger owe
the United States a judgment in excess of $200,000. The court finds good
cause to confirm the sale.
The court APPROVES the stipulation between the United States and
Fond du Lac County. Dkt. No. 46-1. The court ORDERS that Fond du Lac
County’s claim to any portion of the proceeds of the sale of the mortgaged
premises is EXTINGUISED. The court ORDERS that the United States will be
paid first out of the sales proceeds.
The court ORDERS that the sale to Joseph F. Stevens, Jr. of the
mortgaged premises for the sum of $200,000 is CONFIRMED, and the court
APPROVES the marshal’s report of that sale. Dkt. No. 44.
The court further ORDERS that once it has entered this order on the
docket, the Clerk of Court shall deliver to Joseph F. Stevens the Marshal’s
Deed to the premises.

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The court further ORDERS that, upon application by the plaintiff, the
Clerk of Court shall issue a writ of assistance to put Joseph Stevens Jr. in full,
quiet and peaceable possession of the premises.
The court further ORDERS that once the Clerk of Court has issued the
writ of assistance, the Clerk shall issue a check payable to the United States
Department of Treasury for $199,802.35 (representing the balance owed to
Farm Service Agency) and a check payable to the United States Attorney’s
Office for $197.65 (representing the balance owed to the United States
Attorney’s Office for its costs). The Clerk shall send both checks to the Office of
the United States Attorney, 517 East Wisconsin Avenue, Room 530, Milwaukee,
Wisconsin 53202.
Dated in Milwaukee, Wisconsin, this 22nd day of August, 2018
BY THE COURT:
________________________
HON. PAMELA PEPPER
United States District Judge

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