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06-1638 - H.R. Bushman & Son, Corp. v. Spud Packers, Inc. et al


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06-1638 - H.R. Bushman & Son, Corp. v. Spud Packers, Inc. et al
December 5, 2006
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiff's motion for preliminary injunction 8 is GRANTED as to Defendant Spud Packers and Humes. A separate preliminary injunction is being entered. IT IS FURTHER ORDERED that plaintiff's motion for preliminary injunction 8 is DENIED as to Defendant Macheca. Signed by Judge Catherine D. Perry on 12/5/06. (BAK, )
December 5, 2006
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PRELIMINARY INJUNCTION (See Order for specifics) . Signed by Judge Catherine D. Perry on 12/5/06. (BAK, )
December 12, 2006
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ORDER - IT IS HEREBY ORDERED that the Clerk of the Court shall administratively CLOSE this action, subject to reopening on a motion filed incompliance with this order. IT IS FURTHER ORDERED that any pending motions are denied without prejudice to being refiled in the event the case is reopened. Signed by Judge Catherine D. Perry on 12/12/2006. (JMW)
February 14, 2007
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ORDER ESTABLISHING PACA CLAIMS PROCEDURE. Signed by Judge Catherine D. Perry on 2/14/07. (KLH, )
October 3, 2007
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ORDER - IT IS HEREBY ORDERED that plaintiff's motion for a hearing to resolve all PACA claims 103 is granted in part. Bench Trial set for 12/17/2007 09:00 AM in Courtroom 16N before Honorable Catherine D. Perry. Discovery Completion due by 11/21/2007. Motion in Limine due by 12/7/2007. Pretrial Compliance due by 11/27/2007. Please see order for additional deadlines and specifics.. Signed by Judge Catherine D. Perry on 10/3/07. (BAK, )
November 29, 2007
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ORDER granting 132 Motion for Leave to liquidate assets. Terri Humes may take reasonable steps to market and sell any equipment and machinery previously owned by Spud Packers, Inc. and now abandoned to this Court. IT IS FURTHER ORDERED that Terry Humes shall pay into the registry any proceeds from the sale of any such equipment and machinery to be held in an interest bearing account. IT IS FURTHER ORDERED that Terry Humes shall pay into the registry any payments received in satisfaction of any accounts recievable to Spud Packers, Inc. to be held in an interesst bearing account. Signed by Honorable Catherine D. Perry on November 29, 2007. (Copy of Order given to finance this date.)(MCB)
January 15, 2008
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PRELIMINARY INJUNCTION For the reasons stated in open court today, IT IS HEREBY ORDERED that the Preliminary Injunction entered on December 5, 2006 is reissued, and 1. Defendants Spud Packers, Inc. and Terry Humes, individually, and their respective agents, officers, assigns, and any of their banking institutions must not pay, withdraw, transfer, assign or sell any and all existing PACA trust assets or otherwise dispose of corporate or personal assets to any creditors, persons or entities until further Order of this Court or until Defendants pay Plaintiff the sum of $182,778.50. 2. Pending further orders of this Court or until such time as Defendants pay H.R. Bushman & Son, Corp. the sum of $182,788.50, no banking institution holding funds for Defendants Spud Packers and Humes shall pay, transfer or permit assignment or withdrawl of any existing PACA trust assets held on behalf of Defendants. Further, pending further orders of this Court or until such time as Defendants pay plaintiffs sum of $182,788.50, no banking institution holding funds for Defendants Spud Packers and Humes shall pay, transfer, or permit assignment or withdrawl of the corparate or personal assets of those Defendants without the express written approval of this Court first been obtained. 3. This Order will be binding upon the parties to this action, their officers, agents, servants, employees, banks, or attorneys and all other persons or entities who receive actual notice of this Order by personal service or otherwise. In this regard, the Defendants shall serve a copy of this Order on all financial institutions with which either Defendants Spud Packers or Humes does any business, may do any business with or who may be holding any asstes for or on behalf of those Defendants. 4. Because Defendants already possess at least $182,788.50 of PACA trust assets which are the Plaintiffs' property, Plaintiffs need not post a bond. Signed by Honorable Catherine D. Perry on January 15, 2008. (MCB)
January 22, 2008
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff H.R. Bushman's motion to enforce the preliminary injunction 148 is granted to the extent set forth herein. The law of this case shall be that the preliminary injunction remained in effect following my order administratively closing this case. IT IS FURTHER ORDERED that defendants' motion for contempt 152 is denied. An Amended Preliminary Injunction is issued this same date. Signed by Honorable Catherine D. Perry on January 22, 2008. (MCB)
January 22, 2008
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AMENDED PRELIMINARY INJUNCTION IT IS HEREBY ORDERED that the Preliminary Injunction entered on December 5, 2006 is superseded by this order, and: 1. Defendants Spud Packers, Inc. and Terry W. Humes, individually,and their respective agents, officers, assigns, and any of their banking institutions must not pay, withdraw, transfer, assign or sell any and all existing PACA trust assets or otherwise dispose of corporate or personal assets to any creditors, persons or entities until further Order for this Court. 2. Pending further orders of this Court, no banking institution holdingfunds for Defendants Spud Packers and Humes shall pay, transfer or permitassignment or withdrawal of any existing PACA trust assets held on behalf of Defendants. Further, pending further orders of this Court, no banking institution holding funds for Defendants Spud Packers and Humes shall pay, transfer or permit assignment or withdrawal of the corporate or personal assets of those Defendants without the express written approval of this Court.3. This Order will be binding upon the parties to this action, theirofficers, agents, servants, employees, banks, or attorneys and all other persons or entities who receive actual notice of this Order by personal service or otherwise. In this regard, the Defendants shall serve a copy of this Order on all financial institutions with which either Defendants Spud Packers or Humes does any business. 4. Because Defendants already possess at least $1.2 million of PACA trust assets which are the Plaintiffs' property, Plaintiffs need not post a bond. Signed by Honorable Catherine D. Perry on January 22, 2008. (MCB)
February 6, 2008
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ORDER - IT IS HEREBY ORDERED that Plaintiff H.R. Bushman & Son, Corp.'s motion to amend 171 is granted to the extent that the hearing set for 2/8/08 is cancelled. No new hearing date will be set for this issue. IT IS FURTHER ORDERED that any response or objections to the joint motion for an order approving the partial settlement 169 must be filed no later than 2/11/08 and any reply brief must be filed no later than 2/14/08. IT IS FURTHER ORDERED that responses to all other pending motions (other than the motions for summary judgment or judgment on the pleadings, which are governed by the 1/24/08 order), shall be filed no later than 2/11/08 and any reply brief must be filed no later than 2/14/08. Signed by Honorable Catherine D. Perry on 2/6/08. (BAK)
February 19, 2008
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MEMORANDUM AND ORDER re:169 Joint MOTION for Ruling on Approving and Recognizing Partial Settlement, and Amending the Preliminary Injunction in Furtherance of Such Settlement filed by Intervenor Plaintiff Ruby Robinson Co. Inc., Intervenor Plaintiff Geo. A. Heimos Produce Company, Inc., Intervenor Plaintiff BEN HOLMES POTATO CO., INC, Intervenor Plaintiff H.C. SCHMIEDING PRODUCE CO., INC, Intervenor Plaintiff FRENCHMAN VALLEY PRODUCE, INC, Defendant Terry W. Humes, 184 Joint MOTION for Ruling on Approving and Recognizing Partial Settlement, and Amending the Preliminary Injunction in Furtherance of Such Settlement filed by Intervenor Plaintiff O.C. Schulz & Sons, Inc., Intervenor Plaintiff Associated Potato Growers, Inc., Intervenor Plaintiff Monte Vista Potato Growers Cooperative Association, Intervenor Plaintiff Western Potato, Inc., Defendant Terry W. Humes motion is GRANTED, and defendant Terry Humes is granted relief from the preliminary injunction for the limited purpose of paying the settlement amounts set forth in the motions to claimants Ruby Robinson Co., Inc.; Ben Holmes Potato Co., Inc.; Frenchman Valley Procude, Inc.; H.C. Schmieding Produce Co., Inc.; George A. Heimos Produce Company, Inc.; Associated Potato Growers, Inc.; O.C. Schulz and Sons, Inc; Monte Vista Potato Growers Cooperative Association; and Western Potato, Inc. Humes may use or liquidate personal assets to the extent necessary to make the settlement payments. IT IS FURTHER ORDERED that the Court reserves until trial the question whether I should request an accounting from HUmes regarding the sources for these payments and any liquidation of assets. IT IS FURTHER ORDERED that before the Court issues a pay-out ordder from the registry of the court, counsel for Humes and/or the Amendola group of claimants must provide the court with the information required by Local Rule 67- 13.04(D)(2). Signed by Honorable Catherine D. Perry on February 19, 2008. (MCB)
February 21, 2008
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ORDER (Financial) IT IS HEREBY ORDERED that the joint motion for an order releasing certain registry funds [#207] is granted. IT IS FURTHER ORDERED that the Courts financial administrator shall release certain Registry funds as follows: a. The principal sum currently on deposit in the Registry isapproximately $212,550.75. b. The principal sum to be disbursed is $13,463.83. c, No accrued interest is payable on the amount sought to be disbursed. The Clerk may deduct any applicable administrative fee against the accrued interest, but not against the principal sum sought to be disbursed. d. The disbursement check for $13,463.83 shall be made payable to "Martyn and Associates, In Trust." e. The check should be mailed by the Court to: Martyn and Associates 820 Superior Ave., NW, Tenth Floor, Cleveland, OH 44113.f. The corporate tax ID number for Martyn and Associates is 34-1789268. Signed by Honorable Catherine D. Perry on February 21, 2008. (MCB) Order forwarded to financial dept on 2/22/2008 (BAK).
March 4, 2008
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiffs' motion for summary judgment 168, for an interim disbursement 215, and for reconsideration 217 are denied. IT IS FURTHER ORDERED that plaintiffs' motion for entry of judgment on all undisputed PACA claim amounts 159 is denied as moot. IT IS FURTHER ORDERED that all other pending motions will be taken with the case. Trial will begin promptly at 9:00 a.m. on Monday, March 10, 2008. Signed by Honorable Catherine D. Perry on March 4, 2008. (MCB)
March 14, 2008
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MEMORANDUM OPINION AND ORDER - IT IS HEREBY ORDERED that plaintiff H.R. Bushman is entitled to judgment in the amount of $366,471.99 against defendant Spud Packers and Terry W. Humes, jointly and severally. IT IS FURTHER ORDERED that plaintiff's motion for contempt against defendant Terry Humes 98 is granted, and Terry Humes shall pay $154,567.28 into the Court's registry forthwith. IT IS FURTHER ORDERED that plaintiff's motion for contempt against Jack H. Humes and Nancy L. Humes shall be heard at the bench trial along with Counts V-VIII and those defendants shall be prepared to show cause why the motion for contempt pending against them should not be granted. IT IS FURTHER ORDERED that defendant Terry Humes's motion to amend the preliminary injunction 218 is granted to allow him to use his personal assets to pay an additional $7,500.00 in attorney's fees per month, beginning with February 2008; and the court will order the sum of $2,843.75 to be paid to the mediator, Richard Sher, from the registry funds. IT IS FURTHER ORDERED that plaintiff H.R. Bushman's motion for an order to show cause 165 is denied and defendant Terry Humes's motion for a ruling approving payment of attorney's fees 172 is granted. IT IS FURTHER ORDERED that, pursuant to their notices and stipulations of dismissal, the complaints of plaintiffs Idaho Fresh Produce, Inc., Ruby Robinson Co. Inc., Associated Potato Growers, Inc., Monte Vista Potato Growers Cooperative Association, O.C. Schulz & Sons, Inc., Western Potato, Inc., Ben Holmes Potato Co., Inc., Frenchman Valley Produce, Inc. are all dismissed and these parties shall be terminated from this action. IT IS FURTHER ORDERED that the Clerk of Court shall disburse the sum of $2,843.75 from the registry funds to Richard P. Sher, 190 Carondelet Plaza, Suite 1100, St. Louis, MO 63105. This disbursement shall come from principal, and does not include any accrued interest. IT IS FURTHER ORDERED that no defendant need answer Counts I through IV of the amended complaint, but answers to the new counts of the amended complaint must be filed as required by the Federal Rules of Civil Procedure. Signed by Honorable Catherine D. Perry on 3/14/08. (Copy sent to Financial Unit on 3/14/08)(BAK)