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 CONVERTING 

TEMPORARY RESTRAINING ORDER 

TO PRELIMINARY INJUNCTION

Case 3:15-cv-01576-MO Document 22 Filed 08/26/15 Page 1 of 4
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 previously came before the Honorable Michael W. Mossman on August 

21, 2015 on Plaintiff's Ex Parte Application for Entry of Temporary Restraining Order and 

Preliminary Injunction ("Application"), against Defendant Riddell Farms, Inc. ("Defendant" or 

"Riddell"). Subsequent to the entry of the temporary restraining order ("TRO"), the parties now 

further agree that the TRO may be converted to a preliminary injunction ("Injunction"). 

 

Case 3:15-cv-01576-MO Document 22 Filed 08/26/15 Page 2 of 4
Therefore, Plaintiff Northwest Bank ("NWB") and Riddell stipulate, pursuant to Fed. R. 

Civ. P. 65 for immediate entry of a preliminary injunction against Riddell on the following terms: 

IT IS ORDERED AND ADJUDGED that the Injunction 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 prior actual notice of the TRO or 

of this Order are hereby enjoined from the sale or other disposal of the 2014 Radish Seed1. 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; 

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

all persons in active concert or participation with Riddell having prior actual notice of the TRO or 

of this Order are hereby enjoined 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 prior actual notice of the TRO or of 

this Order shall 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 pending issuance of final judgment by this Court on the priority of liens set 

forth in the Complaint; 

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 22 Filed 08/26/15 Page 3 of 4
4. This Injunction shall remain in effect until further Order by the Court or stipulated

by the parties; 

5. Pursuant to Fed. R. Civ. P. 65(c), NWB has posted 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. Based on the above stipulation to convert the TRO to the Injunction, the parties

request that the Court strike the hearing on NWB's Motion for Preliminary Injunction scheduled 

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

1000 SW Third Avenue, Portland, Oregon. 

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. 

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, OR 97204 P.O. 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.

26th 3:57 xxxx

/s/ Michael W. Mosman

Case 3:15-cv-01576-MO Document 22 Filed 08/26/15 Page 4 of 4