Kraemer, John v. Hoffman, Herman

Filing 44

ORDER denying 35 Motion for Preliminary Injunction except that plaintiff may only receive up to the sum of $30,000 from the proceeds of the sale. Signed by District Judge William M. Conley on 5/6/14. (rep)

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

JOHN C. KRAEMER,
Plaintiff,

ORDER

v.
13-cv-860-wmc
HERMAN E. HOFFMAN, JR.,
Defendant.
Before the court is defendant Herman E. Hoffman, Jr.’s second emergency motion
for preliminary injunction to bar the sale of cattle. (Dkt. #35.) The court granted in
part and denied in part the first motion, allowing an April 3, 2014, sale to go forward,
but requiring plaintiff John C. Kraemer to place all but $60,000 from the sale in the
court to be held in escrow. In the present motion, defendant represents that “[m]any of
the issues presented previously are being reasserted hereby as the outcome of the
previous sale has skewed some of the facts, the animals involved in this sale are of a
different breed, and, if for no other purpose, to protect the appellate rights of the
Defendant, so as to not find him in acquiescence of this second noticed sale.” (Def.’s Br.
(dk. #36) 1.)

This second, proposed sale of the remaining 114 heads of cattle is

scheduled for Thursday, May 8, 2014.
Today, May 6, 2014, the court held a telephonic hearing on the motion at which
plaintiff appeared personally and by attorneys Richard Radcliffe and Devon Baumbach;
and defendant appeared by attorney Christopher Beck. During the hearing, the court
denied defendant’s second motion to bar principally for the same reason the court denied

the first: plaintiff is likely to succeed in his argument that he has an executable lien on
the cattle at issue and, therefore, has a right to foreclose on that lien pursuant to Wis.
Stat. § 779.48 and Article 9 of the U.C.C. Consistent with its treatment of the first
motion, the court, however, will require plaintiff to deposit all proceeds in the sale with
the court’s registry, except plaintiff may retain $30,000, roughly representing the
$20,000 defendant appears to concede he owes plaintiff for care of calves and $10,000
for care of the remaining 114 cattle in plaintiff’s possession from the beginning of April
until the sale contemplated for Thursday.
During the hearing, the court also ordered defendant to serve his Rule 26(a)
disclosures on or before Monday, May 12, 2014.

No further extensions will be

permitted, and defendant will be subject to sanctions for failing to comply with
this order. Also, plaintiff is granted leave to file an amended complaint by May 19,
2014. All other deadlines in the preliminary pretrial conference order (dkt. #5) remain
firm.

ORDER
IT IS ORDERED that:
1) defendant Herman E. Hoffman, Jr.’s second motion for preliminary injunction
(dkt. #35) is DENIED, except that plaintiff may receive only up to the sum of
$30,000 from the proceeds of the contemplated sale of all cattle remaining in
his possession with any proceeds above that sum to be deposited into this
court as follows: the check shall be made payable to the Clerk of Court and
shall have the case number written on the check, as well as noted in the cover
letter to the court;
2) defendant’s Rule 26(a) disclosures are due on or before Monday, May 12,
2014; and
2

3) plaintiff is granted further leave to amend his complaint on or before Monday,
May 19, 2014.
Entered this 6th day of May, 2014.
BY THE COURT:
/s/
________________________________________
WILLIAM M. CONLEY
District Judge

3