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AGCO Finance LLC v. Ray

IN THE UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS PEORIA DIVISION


July 14, 2006

AGCO FINANCE LLC, PLAINTIFF,
v.
MARK D. RAY, DEFENDANT

The opinion of the court was delivered by: Michael M. Mihm United States District Judge

ORDER OF REPLEVIN

CAME ON this day, AGCO Finance LLC ("Plaintiff") and presented to the Court its Verified Complaint in Replevin and for Damages ("Complaint") against Defendant Mark D. Ray ("Ray") filed in the above-entitled and numbered cause of action. Plaintiff, by and through its attorneys of record, presented said Complaint to the Court, and a hearing was conducted on an eX parte basis without notice to Defendant, based upon the Plaintiff's claims of irreparable harm if prior notice was given to Defendant. Upon hearing, the Court made the following findings:

(1) The above-entitled and numbered cause is pending in this Court;

(2) Jurisdiction of this Court is founded on the diversity of the citizenship of the parties. The plaintiff is a limited liability company, the members of which are Delaware corporations that have their principal places of business in Georgia and Pennsylvania. The Plaintiff resides in Illinois. The substantive law is governed by 735 ILCS 5/19-101 et seq., as provided by Fed. R. Civ. P. 64.

(3) Plaintiff seeks possession of the farm equipment ("Equipment") identified below:

DescriptionMake/ModelSerial # TractorMF/251XE-4BK24068 LoaderMF/1050N/A TractorMF/4355-4CL18189 LoaderMF/1070576 TractorMF/4335L06016 LoaderMF/1070395 SpreaderHES/S431HL22131 TractorMF/8245L123017 TractorMF/8280-4CL196048 TractorMF/6280K080007 LoaderMF/1080344 MocoHES/1365HM59159 RakeHES/39863698600442 Forage WagonH&S/18FT303251 Forage WagonH&S/18FT303306 Forage WagonH&S/18FT303252 Forage WagonH&S/18FT303307 TractorMF/6290-4CL196014 TractorMF/8240L156036 SpreaderHES/S431HM22105 Auger WagonDEM/750BU7874 TractorMF/4360L21034 LoaderMF/1080223 Batwing mowerFAH/RC1510181135 Wheel LoaderMF/75007500JL75149 Rotary MowerRHI/202010821 Stalk ChopperMAT MC/12FT57653 Wheel LoaderCAT/924F5NN00901 Wheel LoaderCAT/926E94Z03415 BalerHES/4900BB49-01091 Forage WagonH&S/N/A303309 Forage WagonH&S/N/A303336 Bale processorHES/BP25HL82113 TractorMF/4355M19533 LoaderMF/10701120 BalerHES/956HM25607 TractorMF/4355M12556 LoaderMF/10701129 CombineMF/878055238 TractorMF/4355L42175 LoaderMF/10701129 TractorMF/6280-4CK025029 LoaderMF/108020 TractorMF/6270L206026 LoaderMF/1080190 Corn headMF/830HL84343 Grain headMF/9850HM27550 TractorMF/8245M021019 Wheel LoaderMF/75007500JN75106 TractorMF/6480M266003 LoaderMF/1080238 TractorMF/8245N056016 LoaderMF/109038 TractorMF/8280M106003 TractorMF/MF 6490N089002 LoaderMF/MF 109056 TractorMF/MF 5455N281004 LoaderMF/N/A2029 TractorMF/MF 8480N317012 Batwing mowerMF/41154115-DA-1006 RakeHES/39833983N1127

(4) Plaintiff is the owner of or is otherwise lawfully entitled to possess the Equipment;

(5) Defendant is wrongfully detaining the Equipment because he has failed to make lease and installment contract payments to Plaintiff;

(6) The Verified Complaint asserts that Defendant was given notice in writing of his default on the leases and installment contracts and refused to turn over the Equipment when confronted by Defendant's Portfolio Manager, Don Olson in June 2006.

(7) The Equipment is believed to be located at 200 N. Monroe, Abingdon, Illinois 61410;

(8) As required by statute, 735 ILCS 5/19-112, Plaintiff has posted a bond in the amount of $2,546,196.00, or double the value of the Equipment that is the subject of this Order of Replevin; and

(9) Issuance of the Order of Replevin without notice to Defendant or a prior hearing is justified under the circumstances in order to protect Plaintiff from the immediately impending harm that would result from the imminent removal of the Equipment from the State of Illinois.

IT IS, THEREFORE, ORDERED that the United States Marshal shall take the Equipment listed above from possession of Defendant Ray and deliver the same to Plaintiff unless Defendant Ray executes a bond and security approved by the United States Marshal before such Equipment is actually delivered to Plaintiff. Such bond shall be given in an amount double the value of such property and conditioned that Defendant will appear in and defend the action and will deliver the Equipment in accordance with the order of the Court in as good condition as it was when the action was commenced and that Defendant will pay only those costs and damages that may be incurred during the time the Equipment is out of the possession of the Marshal and back in his possession and adjudged against Defendant in this action. Such bond shall be returned to the Court by the Marshal serving the order on the day such order is returnable.

It is further ORDERED that the United States Marshal shall summon Defendant Ray to answer the Verified Complaint in Replevin and for Damages or otherwise appear in the action, or in case the property or any part thereof is not found and delivered to the United States Marshal, to answer to Plaintiff for the value of the same. The order for replevin may be served as a summons for a trial on the merits of the case by any person authorized to serve summons.

SO ORDERED.

20060714

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