FirstMerit Bank N.A. v. Weinkauf, Douglas et al

Filing 34

ORDER Entering Judgment for plaintiff in the amount of $4,095,532.96 against defendants Randy and Kristine Riehle and vacating 4/14/14 order granting plaintiff summary judgment with respect to the claims against defendants Douglas and Dixie Weinkauf (order remains in place in all other respects). Signed by Magistrate Judge Stephen L. Crocker on 5/1/14. (jat)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

FIRSTMERIT BANK N.A.,
Plaintiff,

ORDER

v.
DOUGLAS WEINKAUF, DIXIE WEINKAUF,
RANDY RIEHLE and KRISTINE RIEHLE,

13-cv-626-slc

Defendants.

In an order entered on April 14, 2014, this court found that plaintiff FirstMerit Bank,
N.A. was entitled to judgment as a matter of law on its claims that defendants Douglas and
Dixie Weinkauf and Randy and Kristine Riehle breached the guaranties they made with respect
to the debt of Wisconsin Rapids Grain, LLC (WRG). Dkt. 29. In that order, I also required
FirstMerit to submit a final accounting of the principal, interest and late fees due under the note,
taking into account any payments it has received from WRG’s liquidated assets.
On April 15, 2014, the Weinkaufs notified the court that on February 21, 2014, they
had filed a Chapter 7 bankruptcy petition in the U.S. Bankruptcy Court for the Western District
of Wisconsin, Case No. 1-14-10645-cjf, which triggered an automatic stay on creditors’ further
collection activities. See dkts. 30 and 33. Because the summary judgment order was entered
after the stay took effect, the Weinkaufs correctly note that the order should be vacated as to
the judgment against them. Although FirstMerit’s response to the Weinkauf’s notice is not due
until May 5, 2014, it does not appear to oppose this request because it now seeks judgment
solely against the Riehles. See dkt. 31.
With respect to the Riehles, FirstMerit submits that as of April 21, 2014, the amount due
under the note was $3,697,405.50 in principal, $202,881.38 in interest and $9,109.22 in late

charges, resulting in a total of $3,909,396.10. For each day after April 21, 2014, interest
accrues at a rate of $616.23 per day, resulting in a total of $6,162.30 as of the date of this order
(May 1, 2014). In addition, FirstMerit is entitled to recover its costs of collection, including
reasonable attorneys’ fees and costs under the guaranty. As of April 14, 2014, FirstMerit avers
that it has incurred attorneys’ fees totaling $128,190.50 and costs totaling $51,784.06. As a
result, I find that FirstMerit is entitled to a total award of $4,095,532.96 against the Riehles.
Accordingly, IT IS ORDERED that:
(1)

The court’s April 14, 2014 order granting plaintiff FirstMerit
bank, N.A. summary judgment is VACATED with respect to the
claims against defendants Douglas and Dixie Weinkauf. The order
remains in place in all other respects.

(2)

The clerk of court is directed to enter judgment for plaintiff in the
amount of $4,095,532.96 against defendants Randy and Kristine
Riehle and close this case.

Entered this 1st day of May, 2014.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge

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