Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Mighty Fine Cattle Company LLC

United States District Court, E.D. Wisconsin

February 27, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
MIGHTY FINE CATTLE COMPANY LLC, TRAVIS L. KRUEGER, EMILY E. KREUGER, 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 COUNTRY TREASURER, Defendants.

          ORDER GRANTING MOTION FOR PARTIAL DEFAULT JUDGMENT AND JUDGMENT ON THE PLEADINGS (DKT. NO. 31)

          HON. PAMELA PEPPER UNITED STATES DISTRICT JUDGE.

         The plaintiff filed a motion for partial default judgment and judgment on the pleadings under Rules 55 and 12(c) of the Federal Rules of Civil Procedure. Dkt. No. 31. The plaintiff moved for default judgment against defendants Mighty Fine Cattle Company LLC, Travis and Emily Krueger, Farmers Grain & Feed LLC, Kettle-Lakes Cooperative, Marvin Rate, David Thompson, Capital One Bank USA NA, and Fisher & Thompson, and for judgment on the pleadings against PHI Financial Services, Inc. and Serwe Implement Co., Inc.[1] None of these defendants responded to the motions. Defendant Fond du Lac County, who holds a prior interest to the plaintiff on the property, filed an objection to the motions but later reached a stipulation with the plaintiff. Dkt. Nos. 34, 36. On October 31, 2017, the plaintiff filed a notice of abandonment of the mortgaged property. Dkt. No. 37.

         Both the motion for default judgment and the motion for judgment on the pleadings are unopposed.

         I. Plaintiffs Motion for Partial Default Judgment and Judgment on the

         A. Standard of Review for Motion for Default Judgment

         Federal Rule of Civil Procedure 55 requires a two-step process before the entry of default judgment. A party first must seek an entry of default based on the opposing party's failure to plead. Fed.R.Civ.P. 55(a). Here, the plaintiff requested the entry of default on August 11, 2017 (dkt. no. 27), and the clerk of court entered default on August 14, 2017. After the entry of default, a plaintiff may move for default judgment under Rule 55(b). Fed.R.Civ.P. 55(b). When the court determines a defendant is in default, the court takes as true the factual allegations in the complaint. Black v. Lane, 22 F.3d 1395, 1399 (7th Cir. 1994).

         B. Standard of Review for Motion for Judgment on the Pleadings

         In considering a motion for judgment on the pleadings, the court considers the complaint, answer and any written instruments attached to those pleadings; accepts all well-pleaded allegations in the complaint as true; and draws all inferences in favor of the plaintiff. See Pisciotta v. Old Nat'l Bancorp, 499 F.3d 629, 633 (7th Cir. 2007); Forseth v. Village of Sussex, 199 F.3d 363, 368 (7th Cir. 2000).

         C. Defendants Failed to Answer or Otherwise Plead

         On March 7, 2017, the plaintiff filed its complaint seeking to foreclose by sale on real estate mortgages and chattel based on promissory notes, security agreements, continuation states and mortgages entered into by the defendants under the statutes, rules and regulations of the Farm Service Agency. Dkt. Nos. 1, 32 at ¶ 4. All of the defendants have been served with the waiver of summons or the summons and complaint. With the exception of PHI Financial Services, Inc. and Serwe Implement Co., who both filed a notice of entitlement to surplus funds (dkt. nos. 7, 18), none of the defendants filed an answer, and the time for doing so has expired.

         The plaintiff established service as follows:

1. Defendants Marvin Rate, John Howley (in his capacity as attorney for defendant Kettle-Lakes Cooperative), and Daniel Dineen (as registered agent for defendant Farmers Grain & Feed LLC) signed and returned the waiver of service of summons form on March 21, 2017. These defendants did not file a responsive pleading by the May 15, 2017 deadline. Dkt. No. 32 at 1f5.
2. The United States Marshal personally served the Mighty Fine Cattle Company LLC on May 25, 2017, and Emily and Travis Krueger on May 31 2017. These defendants did not file a responsive pleading by the June 21, 2017 deadline. Id. at ¶ 6.
3. Finally, the United States Marshal personally served David Thompson on June 6, 2017, and Thompson failed to respond by June 27, 2017. The United States Marshal personally served Capital One Bank USA NA on June 15, 2017 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.