UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON

PORTLAND DIVISION

NORTHWEST BANK f/k/a NORTHWEST 

SAVINGS BANK, a Pennsylvania statechartered savings association, 

Plaintiff, 

v. 

MCKEE FAMILY FARMS, LLC, an 

Oregon limited liability company; SCHARF 

FARMS, INC., an Oregon corporation; 

DUSTIN WILFONG, individually and dba 

DUSTIN WILFONG FARMS; DENNY 

WILFONG, individually and dba WILFONG 

FARM’S; K & J FARMS, LLC, an Oregon 

limited liability company; CREEKSIDE 

VALLEY FARMS LLC, an Oregon limited 

liability company; ALFRED V. MULLET; 

SJB FARMS, LLC, an Oregon limited 

liability company; KAUER FAMILY 

FARMS, LLC, an Oregon limited liability 

company; DAN G. FANNING, individually 

and dba FANNING FARMS; CLARKE 

ELLINGSON; GILBERT & SON, INC., an 

Oregon corporation; KEN CRUICKSHANK 

FARMS, INC., an Oregon corporation; 

LARRY BURGER; DOERFLER FARMS, 

INC., an Oregon corporation; GOLDEN 

VALLEY FARMS, LLC, an Oregon limited 

liability company; ZEIGLER FARMS, LLC, 

Case No. 3:15-CV-01576 

STIPULATED ORDER GRANTING EX 

PARTE APPLICATION FOR ENTRY OF 

TEMPORARY RESTRAINING ORDER 

AND SETTING HEARING ON MOTION 

FOR PRELIMINARY INJUNCTION

DM1\5978115 1 

Case 3:15-cv-01576-MO Document 12 Filed 08/21/15 Page 1 of 5
PAGE 2 ORDER GRANTING EX PARTE APPLICATION FOR ENTRY OF TEMPORARY 

RESTRAINING ORDER AND SETTING HEARING ON MOTION FOR PRELIMINARY 

INJUNCTION 

Oregon limited liability company; JANZEN 

FARMS LLC, an Oregon limited liability 

company; EDIGER FARMS, LLC, an 

Oregon limited liability company; JOHN 

IMLAH and MARGY IMLAH, individually 

and dba HOOD VIEW FARMS; DARYN 

BRUTKE; ANTHONY DERAEVE; 

RAINBOW HILL RANCH, INC., an Oregon 

corporation; ROHDE GENERATIONS

INC., an Oregon corporation; M. GRANT 

RICE; KEITH B. DEJONG; MATTHEW J. 

RICE; DEAN C. DODSON; RYAN 

KADELL; ROBIN KADELL; MT. HOPE 

SEED CO., INC., an Oregon corporation; 

RIDDELL FARMS, INC., an Oregon 

corporation; GARY CROSSAN FARMS, 

LLC, an Oregon limited liability company; 

PAUL H. COUSSENS FARMS, LLC, an 

Oregon limited liability company; PHIL 

SPIESS; TIM PFEIFFER; KCK FARMS, 

LLC, an Oregon limited liability company; 

CARLTON SEED, LLC, an Oregon limited 

liability company; MEADOW RIDGE 

FARMS, INC., an Oregon corporation; 

MARK W. GEHRING and CAROL A. 

GEHRING, individually and dba GEHRING 

FARMS; TRIPLE K, LLC, an Oregon 

limited liability company; LARRY D. BELL; 

and INTEGRATED SEED GROWERS, 

LLC, an Oregon limited liability company, 

Defendants.

THIS MATTER came before the Honorable Michael W. Mossman on Plaintiff's Ex 

Parte Application for Entry of Temporary Restraining Order and Preliminary Injunction 

("Application"), against Defendant Riddell Farms, Inc. (“Defendant” or “Riddell”). Plaintiff was 

represented by Kimberly Sugawa-Fujinaga and Riddell was represented by John D. Albert, who 

appeared for the limited purpose of this hearing and the hearing scheduled below. The Court has 

carefully reviewed the Application, heard from the parties, and is otherwise fully advised in the 

premises. 

Case 3:15-cv-01576-MO Document 12 Filed 08/21/15 Page 2 of 5
PAGE 3 ORDER GRANTING EX PARTE APPLICATION FOR ENTRY OF TEMPORARY 

RESTRAINING ORDER AND SETTING HEARING ON MOTION FOR PRELIMINARY 

INJUNCTION 

Plaintiff Northwest Bank ("NWB") and Riddell stipulate, pursuant to Fed. R. Civ. P. 65 

for immediate entry of a Temporary Restraining Order ("TRO") against Riddell on the following 

terms: 

IT IS ORDERED AND ADJUDGED that NWB's Application for Temporary 

Restraining Order is hereby GRANTED as follows: 

1. Riddell, their officers, directors, employees, agents, subsidiaries, distributors, and

all persons in active concert or participation with Riddell having actual notice of this Order are 

hereby temporarily restrained from the sale or other disposal of the 2014 Radish Seed. The 2014 

Radish Seed is in and is to remain in Riddell’s possession, properly insured at all times, until 

further order of the Court and/or stipulation of the parties. 1

2. Riddell, their officers, directors, employees, agents, subsidiaries, distributors, and

all persons in active concert or participation with Riddell having actual notice of this Order are 

hereby temporarily restrained from taking any additional seed from either of the warehouses 

owned by McKee Family Farms, LLC located at 11640 Elkins Road, Monmouth, OR 97361 and 

22450 SW McKee Road, Amity, OR 97101; 

3. Riddell, their officers, directors, employees, agents, subsidiaries, distributors, and

all persons in active concert or participation with Riddell having actual notice of this Order are 

must provide an accounting to NWB of any proceeds from the sale of the 2014 Radish Seed that 

has occurred to date within fourteen (14) days of entry of this Order, and either: (1) tender such 

amounts to the court pending the outcome of this matter or (2) hold such sale proceeds in escrow 

1 "2014 Radish Seed" refers to the seed listed by lot number in the Settlement Sheet For Riddell 

Farms 2014 Radish Crop, attached to the Indemnity Agreement between McKee and Riddell. 

See Creal Dec. Ex. I. 

Case 3:15-cv-01576-MO Document 12 Filed 08/21/15 Page 3 of 5
PAGE 4 ORDER GRANTING EX PARTE APPLICATION FOR ENTRY OF TEMPORARY 

RESTRAINING ORDER AND SETTING HEARING ON MOTION FOR PRELIMINARY 

INJUNCTION 

pending issuance of final judgment by this Court on the priority of liens set forth in the 

Complaint; 

4. This Temporary Restraining Order shall remain in effect until the hearing on the

Motion for Preliminary Injunction as set forth below, or until such further dates as set by the 

Court or stipulated by the parties; 

5. Pursuant to Fed. R. Civ. P. 65(c), NWB shall post an irrevocable letter of credit

issued by NWB in the amount of Five Thousand Dollars and Zero Cents ($5,000.00) as payment 

of damages to which Riddell may be entitled for a wrongful injunction or restraint, during the 

pendency of this action, or until further Order of the Court; 

6. This Court will conduct a hearing on NWB's Motion for Preliminary Injunction

on the 31st day of August, 2015, at 4:00 PM, Courtroom 16, of the U.S. District Courthouse, 

1000 SW Third Avenue, Portland, Oregon. Defendant shall serve and file any answering 

affidavits or memoranda in response to Plaintiff’s application on or before August 26, 2015; and 

NWB shall serve and file any reply papers on or before August 28, 2015. Those dates may be 

revised upon stipulation of all parties and approval of the court. At that hearing, Defendants 

and/or any other affected persons may challenge the appropriateness of this Order and move to 

dissolve the same, and the Court will hear arguments on the Motion for Preliminary Injunction; 

7. SERVICE. A copy of this Order and of the Complaint filed in the above matter,

together with all supporting papers, shall be served by NWB upon Riddell by hand delivery, 

regular mail, or electronic mail within two business days following NWB's receipt thereof; 

Riddell's counsel has agreed to accept service of the Order as well. 

8. ALL DEFENDANTS ARE HEREBY NOTIFIED THAT IF THEY DO NOT

TIMELY RESPOND TO THE MOTION FOR PRELIMINARY INJUNCTION AND AS

Case 3:15-cv-01576-MO Document 12 Filed 08/21/15 Page 4 of 5
PAGE 5 ORDER GRANTING EX PARTE APPLICATION FOR ENTRY OF TEMPORARY 

RESTRAINING ORDER AND SETTING HEARING ON MOTION FOR PRELIMINARY 

INJUNCTION 

ORDERED HEREIN, AND DO NOT APPEAR AT THE SCHEDULED HEARING, THE 

COURT MAY ENTER A PRELIMINARY INJUNCTION OR OTHER ORDERS 

AGAINST THEM BY DEFAULT.

DONE AND ORDERED in Chambers as the U.S. District Courthouse, 1000 SW Third 

Avenue, Portland, Oregon, this day of August, 2015, at AM/PM.

United States District Court Judge

Submitted by: 

/s/ Kimberly Sugawa-Fujinaga /s/ John D. Albert 

Kimberly Sugawa-Fujinaga, OSB No. 054685 John D. Albert, OSB No. 760418 

kims@mcewengisvold.com jalbert@shermlaw.com

MCEWEN GISVOLD, LLP SHERMAN SHERMAN JOHNNIE & HOYT 

1100 SW Sixth Avenue, Suite 1600 693 Chemeketa Street NE 

Portland, Oregon 97204 PO Box 2247 

Tel: (503) 226-7321 Salem, OR 97301 

Fax: (503) 243-2687 Tel: (503) 364-2281 

Of Attorneys for Plaintiff Of Attorneys for Defendant Riddell Farms, 

Inc.

21 3:40 PM

/s/ Michael W. Mosman

Case 3:15-cv-01576-MO Document 12 Filed 08/21/15 Page 5 of 5