Northwest Bank v. McKee Family Farms, LLC
Federal Civil Lawsuit Oregon District Court, Case No. 3:15-cv-01576-MO

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Last Updated January 12, 2019 at 9:07 AM ST (2.8 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

Citation Section 28 U.S.C. § 1332
Nature of Suit Other Personal Property Damage
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Legal Document (Payment Possibly Required) 289 Filed: 12/6/2016, Entered: None Unknown Document TypeCourt Filing
OPINION AND ORDER: I GRANT in PART Grouped Defendants' Bill of Costs 283 and award costs in the amount of $2,387.51; I GRANT Defendant Creekside Valley Farms, LLC's Bill of Costs 281 and award costs in the amount of $489.30; I GRANT Defendant KCK Farms, LLC's Bill of Costs 282 and award costs in the amount of $489.30. Signed on 12/6/16 by Judge Michael W. Mosman. (dls)
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    Legal Document (Payment Possibly Required) 252 Filed: 5/12/2016, Entered: None Unknown Document TypeCourt Filing
    OPINION AND ORDER: For the foregoing reasons, as well as the reasons I articulated at oral argument, I DENY Integrated Seed Growers' Motion for Summary Judgment 173 and Northwest Bank's Motion for Summary Judgment Against Group 1 Defenda nts 174 . I GRANT in part and DENY in part Creekside Valley Farms' and KCK Farms' Motion for Summary Judgment 176 . I agree with Defendants' argument in their supplemental briefing that the notice provisions for extending grain produ cer liens requires only that growers send notice to those who have filed with Oregon's Secretary of State. Based on this, I GRANT in part Creekside's Motion and find Creekside has a priority lien for the seed on which it had timely filed a proper extension even though it did not provide notice to Northwest Bank. I DENY Northwest Bank's Motion for Summary Judgment against Group 2 and Group 3 Defendants 182 . While I find that Yellow Manufacturing applies to this case, the agency role of the warehouses and the validity of the Bank's security interest remain to be considered at trial. I also rule that the trial is to be a bench trial. Signed on 5/12/16 by Chief Judge Michael W. Mosman. (dls)
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      Legal Document (Payment Possibly Required) 222 Filed: 4/8/2016, Entered: None Unknown Document TypeCourt Filing
      ORDER: Based on Defendant Mark Cox's Motion for Summary Judgment 172 and Plaintiff's Response 190 which does not contest Defendant's motion, I GRANT Defendant's Motion for Summary Judgment 172 . Signed on 4/8/16 by Chief Judge Michael W. Mosman. (dls)
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        Legal Document (Payment Possibly Required) 221 Filed: 4/8/2016, Entered: None Unknown Document TypeCourt Filing
        ORDER: Based on Defendant Mid Valley Farms's Motion for Summary Judgment 171 and Plaintiff's Response 191 which does not contest Defendant's motion, I GRANT Defendant's Motion for Summary Judgment 171 . Signed on 4/8/16 by Chief Judge Michael W. Mosman. (dls)
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          Legal Document (Payment Possibly Required) 220 Filed: 4/8/2016, Entered: None Unknown Document TypeCourt Filing
          ORDER: Based on Defendant Oak Park Farms's Motion for Summary Judgment 168 and Plaintiff's Response 189 which does not contest Defendant's motion, I GRANT Defendant's Motion for Summary Judgment 168 . Signed on 4/8/16 by Chief Judge Michael W. Mosman. (dls) Modified on 4/11/2016 (dls).
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            Legal Document (Payment Possibly Required) 170 Filed: 2/9/2016, Entered: None Unknown Document TypeCourt Filing
            OPINION AND ORDER: The contract as a whole suggests the parties intended something other than a blanket prohibition on all liens. Oregon law grants possessory liens in the absence of a contract otherwise. As such, I find that Hawman has a valid possessory lien and GRANT its motion for summary judgment 131 . Because Northwest offered reasonable defenses, I DENY Hawmansmotion for attorney fees 131 . Signed on 2/9/16 by Chief Judge Michael W. Mosman. (dls)
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              Legal Document (Payment Possibly Required) 22 Filed: 8/26/2015, Entered: None Unknown Document TypeCourt Filing
              STIPULATED ORDER CONVERTING TEMPORARY RESTRAINING ORDER TO PRELIMINARY INJUNCTION . Signed on 8/26/15 by Judge Michael W. Mosman. (dls)
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                Legal Document (Payment Possibly Required) 12 Filed: 8/21/2015, Entered: None Unknown Document TypeCourt Filing
                STIPULATED ORDER GRANTING EX PARTE APPLICATION FOR ENTRY OF TEMPORARY RESTRAINING ORDER AND SETTING HEARING ON MOTION FOR PRELIMINARY INJUNCTION. Signed on 8/21/15 by Judge Michael W. Mosman. (dls)
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