U.S. District Court
`U.S. District of Minnesota (DMN)
`CIVIL DOCKET FOR CASE #: 0:18−cv−01574−JRT−TNL
`
`APPEAL,CLOSED,CV
`
`Elbert et al v. United States Department of Agriculture et al
`Assigned to: Chief Judge John R. Tunheim
`Referred to: Magistrate Judge Tony N. Leung
`Case in other court: Michigan Eastern, 1:17−cv−11779
`Cause: 05:551 Administrative Procedure Act
`
`Date Filed: 06/08/2018
`Date Terminated: 08/21/2020
`Jury Demand: None
`Nature of Suit: 899 Other Statutes:
`Administrative Procedures Act/Review or
`Appeal of Agency Decision
`Jurisdiction: U.S. Government Defendant
`
`Plaintiff
`
`Gregory Ackerman
`TERMINATED: 05/08/2018
`
`Plaintiff
`
`Ackerman Brothers Farms, LLC
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Back Road Farming, Inc.
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Daniel E. Balcer
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Becker Farms, LLC
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`represented by John D. Tallman
`John D. Tallman, PLLC
`4020 East Beltline Ave. NE − Suite 101
`Grand Rapids, MI 49525
`616−361−8850
`Email: jtallmanlaw@gmail.com
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`October 5 2020 pg 1
`Appellate Case: 20-3073 Page: 1 Date Filed: 10/06/2020 Entry ID: 4963062
`
`

`

`Randy Beckering
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Bernia & Sons Farms, Inc.
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Bernia Family Farms, Inc.
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Brian Brandenburg
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Gary Bulzan
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`D. T. Rouech Farms, LLC
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Todd W. Draggoo
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Rich Elbert
`individually and on behalf of a class of
`similarly situated persons
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Markus C Yira
`
`October 5 2020 pg 2
`Appellate Case: 20-3073 Page: 2 Date Filed: 10/06/2020 Entry ID: 4963062
`
`

`

`Yira Law Office, Ltd
`PO Box 518
`Hutchinson, MN 55350
`320−587−0305
`Fax: 320−587−0557
`Email: myira@yiralaw.com
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`
`Plaintiff
`
`Beatrice Elenbaum
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`French Farms
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Harry Gaiser, Jr.
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Jason Gaiser
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Goebel Farms, Inc.
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`James Gremel
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Gro Green Acres
`TERMINATED: 06/01/2018
`
`October 5 2020 pg 3
`Appellate Case: 20-3073 Page: 3 Date Filed: 10/06/2020 Entry ID: 4963062
`
`

`

`Plaintiff
`
`Gruehn Farms, Inc.
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Gruehn Acre Farms
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Jason Haag
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Terry Haag
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Tom Haag
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Scott Hawken
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`John Schluckebier Farms, Inc.
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Fred Karg
`TERMINATED: 06/01/2018
`
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`
`October 5 2020 pg 4
`Appellate Case: 20-3073 Page: 4 Date Filed: 10/06/2020 Entry ID: 4963062
`
`

`

`Plaintiff
`
`Jeff A. Kosek
`individually and on behalf of a class of
`similarly situated persons
`
`Plaintiff
`
`Kurtis Kreger
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Timothy Kubacki
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`kundinger Farms, Inc.
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Laracha Farms, LLC
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Matthew Lutz
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`R & J Farms, Inc.
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Robert Rathje
`TERMINATED: 06/01/2018
`
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`
`October 5 2020 pg 5
`Appellate Case: 20-3073 Page: 5 Date Filed: 10/06/2020 Entry ID: 4963062
`
`

`

`Plaintiff
`
`Rayl Farms, Inc.
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Reichmann Land & Cattle LLP
`individually and on behalf of a class of
`similarly situated persons
`
`Plaintiff
`
`Richmond Brothers Farms, LLC
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Rodammer Farms, Inc.
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Russell Transport, Inc.
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Daniel Sahr
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Leasly Schaper
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Gregory Schian
`TERMINATED: 06/01/2018
`
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`
`October 5 2020 pg 6
`Appellate Case: 20-3073 Page: 6 Date Filed: 10/06/2020 Entry ID: 4963062
`
`

`

`Plaintiff
`
`Jeffrey Schian
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`John Schian
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Brad Singer
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Stacer Farms Ltd. Partnership
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Constance kreger
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Mark Stambaugh
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Donald Stecker
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Vern Stephen
`TERMINATED: 06/01/2018
`
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`
`October 5 2020 pg 7
`Appellate Case: 20-3073 Page: 7 Date Filed: 10/06/2020 Entry ID: 4963062
`
`

`

`Plaintiff
`
`Lucas M. Stockmeyer
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Robert Stockmeyer
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Kendall Stoeckle
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Stoutenburg Farms
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Three R Farms, Inc.
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Vader and Son, LLC
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Vader Farms, Inc.
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Vanhoost Farms, Inc.
`TERMINATED: 06/01/2018
`
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`
`October 5 2020 pg 8
`Appellate Case: 20-3073 Page: 8 Date Filed: 10/06/2020 Entry ID: 4963062
`
`

`

`Plaintiff
`
`Glenn L. Vogel
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Joseph Vohwinkle
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Jim Wilkinson
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Terry Wood
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Don Zaremba
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Zimmer Farms, Inc.
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`Ackerman & Son LLC
`TERMINATED: 06/01/2018
`
`Plaintiff
`
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Ludowese A.E. Inc.
`individually and on behalf of a class of
`similarly situated persons
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`
`October 5 2020 pg 9
`Appellate Case: 20-3073 Page: 9 Date Filed: 10/06/2020 Entry ID: 4963062
`
`

`

`ATTORNEY TO BE NOTICED
`
`represented by John D. Tallman
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by David W Fuller
`United States Attorney's Office
`300 S 4th St Ste 600
`Minneapolis, MN 55415
`612−664−5627
`Fax: 612−664−5787
`Email: david.fuller@usdoj.gov
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Plaintiff
`
`Michael Stamer
`individually and on behalf of a class of
`similarly situated persons
`
`V.
`
`Defendant
`
`United States Department of
`Agriculture
`
`Defendant
`
`ACE American Insurance Company
`TERMINATED: 04/18/2018
`
`Defendant
`
`Agrinational Insurance Company
`TERMINATED: 04/18/2018
`
`Defendant
`
`American Agri−Business Insurance
`Company
`TERMINATED: 04/18/2018
`
`Defendant
`
`American Agricultural Insurance
`Company
`TERMINATED: 04/18/2018
`
`Defendant
`
`Atlantic Specialty Insurance Company
`TERMINATED: 04/18/2018
`
`Defendant
`
`CGB Diversified Services, Inc.
`TERMINATED: 01/04/2018
`
`Defendant
`
`October 5 2020 pg 10
`Appellate Case: 20-3073 Page: 10 Date Filed: 10/06/2020 Entry ID: 4963062
`
`

`

`Everest Reinsurance Company
`TERMINATED: 04/18/2018
`
`Defendant
`
`Great American Insurance Company
`TERMINATED: 04/18/2018
`
`Defendant
`
`Hudson Insurance Company
`TERMINATED: 04/18/2018
`
`Defendant
`
`FMH Ag Risk Insurance Company
`TERMINATED: 04/18/2018
`
`Defendant
`
`NAU Country Insurance Company
`TERMINATED: 04/18/2018
`
`Defendant
`
`Occidental Fire & Casualty Company
`of North Carolina
`TERMINATED: 04/18/2018
`
`Defendant
`
`Producers Agriculture Insurance
`Company
`TERMINATED: 04/18/2018
`
`Defendant
`
`Rural Community Insurance Company
`TERMINATED: 04/18/2018
`
`Defendant
`
`Starr Indemnity & Liability Company
`TERMINATED: 04/18/2018
`
`Defendant
`
`Technology Insurance Company, Inc.
`TERMINATED: 04/18/2018
`
`Defendant
`
`Farmers Mutual Hail Insurance
`Company of Iowa
`TERMINATED: 04/18/2018
`
`Defendant
`
`October 5 2020 pg 11
`Appellate Case: 20-3073 Page: 11 Date Filed: 10/06/2020 Entry ID: 4963062
`
`

`

`represented by David W Fuller
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by David W Fuller
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Amtrust Insurance Company of
`Kansas, Inc.
`TERMINATED: 04/18/2018
`
`Defendant
`
`Risk Management Agency
`
`Defendant
`
`Federal Crop Insurance Corporation
`
`Defendant
`
`Agrinational Insurance Company, Inc.
`TERMINATED: 01/04/2018
`
`Defendant
`
`John Deere Insurance Company
`TERMINATED: 01/04/2018
`
`Defendant
`
`Rural Community Insurance Company
`d/b/a RCIS
`TERMINATED: 01/04/2018
`
`Defendant
`
`Starr Indemnity & Liability Company,
`Inc.
`TERMINATED: 01/04/2018
`
` Email All Attorneys
` Email All Attorneys and Additional Recipients
`
`Date Filed
`
`#
`
`Page Docket Text
`
`06/05/2017
`
`1
`
`COMPLAINT filed by All Plaintiffs against All Defendants. Plaintiff requests
`summons issued. Receipt No: 0645−6254586 − Fee: &#036 400. County of
`1st Plaintiff: Tuscola − County Where Action Arose: Bay − County of 1st
`Defendant: Bay. [Previously dismissed case: No] [Possible companion
`case(s): None] (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3
`Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit
`Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H) (Tallman, John)
`[Transferred from Michigan Eastern on 6/8/2018.] (Entered: 06/05/2017)
`
`06/06/2017
`
`2
`
`SUMMONS Issued for * All Defendants * (LHos) [Transferred from
`Michigan Eastern on 6/8/2018.] (Entered: 06/06/2017)
`
`October 5 2020 pg 12
`Appellate Case: 20-3073 Page: 12 Date Filed: 10/06/2020 Entry ID: 4963062
`
`

`

`06/06/2017
`
`3
`
`06/06/2017
`
`06/19/2017
`
`06/20/2017
`
`06/20/2017
`
`06/20/2017
`
`07/06/2017
`
`07/06/2017
`
`4
`
`5
`
`6
`
`7
`
`8
`
`07/13/2017
`
`9
`
`SUMMONS Issued for the United States Attorney and the Office of the
`Attorney General. (LHos) [Transferred from Michigan Eastern on 6/8/2018.]
`(Entered: 06/06/2017)
`
`A United States Magistrate Judge of this Court is available to conduct all
`proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP
`73. The Notice, Consent, and Reference of a Civil Action to a Magistrate
`Judge form is available for download at http://www.mied.uscourts.gov (LHos)
`[Transferred from Michigan Eastern on 6/8/2018.] (Entered: 06/06/2017)
`
`Addition of Parties to CM/ECF: Plaintiffs Gregory Ackerman, Ackerman
`Brothers Farms, LLC, Back Road Farming, Inc., Daniel E. Balcer, Becker
`Farms, LLC, Randy Beckering, Bernia & Sons Farms, Inc., Bernia Family
`Farms, Inc., Brian Brandenburg, Gary Bulzan, D. T. Rouech Farms, LLC,
`Todd W. Draggoo, Rich Elbert, Beatrice Elenbaum, French Farms, Jason
`Gaiser, Harry Gaiser, Jr., Goebel Farms, Inc., James Gremel, Gro Green
`Acres, Gruehn Acre Farms, Gruehn Farms, Inc., Jason Haag, Terry Haag,
`Tom Haag, Scott Hawken, John Schluckebier Farms, Inc., Fred Karg, Jeff A.
`Kosek, Constance Kreger, Kurtis Kreger, Timothy Kubacki, Kundinger
`Farms, Inc., Laracha Farms, LLC, Matthew Lutz, R & J Farms, Inc., Robert
`Rathje, Rayl Farms, Inc., Reichmann Land & Cattle LLP, Richmond Brothers
`Farms, LLC, Rodammer Farms, Inc., Russell Transport, Inc., Daniel Sahr,
`Leasly Schaper, Gregory Schian, Jeffrey Schian, John Schian, Brad Singer,
`Stacer Farms Ltd. Partnership, Mark Stambaugh, Donald Stecker, Vern
`Stephen, Lucas M. Stockmeyer, Robert Stockmeyer, Kendall Stoeckle,
`Stoutenburg Farms, Three R Farms, Inc., Vader Farms, Inc., Vader and Son,
`LLC, Vanhoost Farms, Inc., Glenn L. Vogel, Joseph Vohwinkle, Jim
`Wilkinson, Terry Wood, Don Zaremba, Zimmer Farms, Inc., Defendants Risk
`Management Agency, Federal Crop Insurance Corporation. Reason: Parties
`listed in Filed Complaint, inadvertently omitted from e−filing. Plaintiff
`requests summons issued. (Tallman, John) [Transferred from Michigan
`Eastern on 6/8/2018.] (Entered: 06/19/2017)
`
`SUMMONS Issued for *Risk Management Agency* (DWor) [Transferred
`from Michigan Eastern on 6/8/2018.] (Entered: 06/20/2017)
`
`SUMMONS Issued for *Federal Crop Insurance Corporation* (DWor)
`[Transferred from Michigan Eastern on 6/8/2018.] (Entered: 06/20/2017)
`
`SUMMONS Issued for the United States Attorney and the Office of the
`Attorney General. (DWor) [Transferred from Michigan Eastern on 6/8/2018.]
`(Entered: 06/20/2017)
`
`WAIVER OF SERVICE Returned Executed. CGB Diversified Services, Inc.
`waiver sent on 6/22/2017, answer due 8/21/2017. (Tallman, John)
`[Transferred from Michigan Eastern on 6/8/2018.] (Entered: 07/06/2017)
`
`CERTIFICATE of Service/Summons Returned Executed. U.S. Attorney on
`behalf of United States Department of Agriculture served on 6/23/2017,
`answer due 8/22/2017. (Tallman, John) [Transferred from Michigan Eastern
`on 6/8/2018.] (Entered: 07/06/2017)
`
`WAIVER OF SERVICE Returned Executed. NAU Country Insurance
`Company waiver sent on 7/11/2017, answer due 9/11/2017. (Tallman, John)
`[Transferred from Michigan Eastern on 6/8/2018.] (Entered: 07/13/2017)
`
`October 5 2020 pg 13
`Appellate Case: 20-3073 Page: 13 Date Filed: 10/06/2020 Entry ID: 4963062
`
`

`

`07/13/2017
`
`10
`
`07/13/2017
`
`11
`
`07/13/2017
`
`12
`
`07/13/2017
`
`13
`
`07/13/2017
`
`14
`
`07/13/2017
`
`15
`
`07/13/2017
`
`16
`
`07/13/2017
`
`17
`
`07/17/2017
`
`18
`
`07/17/2017
`
`19
`
`07/17/2017
`
`20
`
`07/19/2017
`
`21
`
`07/19/2017
`
`22
`
`WAIVER OF SERVICE Returned Executed. American Agricultural Insurance
`Company waiver sent on 7/12/2017, answer due 9/11/2017. (Tallman, John)
`[Transferred from Michigan Eastern on 6/8/2018.] (Entered: 07/13/2017)
`
`WAIVER OF SERVICE Returned Executed. Starr Indemnity & Liability
`Company, Inc. waiver sent on 7/10/2017, answer due 9/8/2017. (Tallman,
`John) [Transferred from Michigan Eastern on 6/8/2018.] (Entered:
`07/13/2017)
`
`WAIVER OF SERVICE Returned Executed. Producers Agriculture Insurance
`Company waiver sent on 7/11/2017, answer due 9/11/2017. (Tallman, John)
`[Transferred from Michigan Eastern on 6/8/2018.] (Entered: 07/13/2017)
`
`WAIVER OF SERVICE Returned Executed. John Deere Insurance Company
`waiver sent on 7/7/2017, answer due 9/5/2017. (Tallman, John) [Transferred
`from Michigan Eastern on 6/8/2018.] (Entered: 07/13/2017)
`
`WAIVER OF SERVICE Returned Executed. Farmers Mutual Hail Insurance
`Company of Iowa waiver sent on 7/7/2017, answer due 9/5/2017. (Tallman,
`John) [Transferred from Michigan Eastern on 6/8/2018.] (Entered:
`07/13/2017)
`
`WAIVER OF SERVICE Returned Executed. Everest Reinsurance Company
`waiver sent on 7/11/2017, answer due 9/11/2017. (Tallman, John)
`[Transferred from Michigan Eastern on 6/8/2018.] (Entered: 07/13/2017)
`
`WAIVER OF SERVICE Returned Executed. Great American Insurance
`Company waiver sent on 7/11/2017, answer due 9/11/2017. (Tallman, John)
`[Transferred from Michigan Eastern on 6/8/2018.] (Entered: 07/13/2017)
`
`WAIVER OF SERVICE Returned Executed. Rural Community Insurance
`Company d/b/a RCIS waiver sent on 7/11/2017, answer due 9/11/2017.
`(Tallman, John) [Transferred from Michigan Eastern on 6/8/2018.] (Entered:
`07/13/2017)
`
`WAIVER OF SERVICE Returned Executed. ACE American Insurance
`Company waiver sent on 7/10/2017, answer due 9/8/2017. (Tallman, John)
`[Transferred from Michigan Eastern on 6/8/2018.] (Entered: 07/17/2017)
`
`WAIVER OF SERVICE Returned Executed. American Agri−Business
`Insurance Company waiver sent on 7/14/2017, answer due 9/12/2017.
`(Tallman, John) [Transferred from Michigan Eastern on 6/8/2018.] (Entered:
`07/17/2017)
`
`WAIVER OF SERVICE Returned Executed. Occidental Fire & Casualty
`Company of North Carolina waiver sent on 7/13/2017, answer due 9/11/2017.
`(Tallman, John) [Transferred from Michigan Eastern on 6/8/2018.] (Entered:
`07/17/2017)
`
`CERTIFICATE of Service/Summons Returned Executed. Risk Management
`Agency served on 06/23/2017. (Tallman, John) [Transferred from Michigan
`Eastern on 6/8/2018.] (Entered: 07/19/2017)
`
`CERTIFICATE of Service/Summons Returned Executed. Federal Crop
`Insurance Corp served on 06/26/2017. (Tallman, John) [Transferred from
`Michigan Eastern on 6/8/2018.] (Entered: 07/19/2017)
`
`October 5 2020 pg 14
`Appellate Case: 20-3073 Page: 14 Date Filed: 10/06/2020 Entry ID: 4963062
`
`

`

`07/24/2017
`
`23
`
`08/03/2017
`
`24
`
`08/04/2017
`
`25
`
`08/09/2017
`
`26
`
`08/09/2017
`
`27
`
`08/09/2017
`
`28
`
`WAIVER OF SERVICE Returned Executed. Hudson Insurance Company
`waiver sent on 7/21/2017, answer due 9/19/2017. (Tallman, John)
`[Transferred from Michigan Eastern on 6/8/2018.] (Entered: 07/24/2017)
`
`CERTIFICATE of Service/Summons Returned Executed. U.S. Attorney
`General served on 07/26/17. (Tallman, John) [Transferred from Michigan
`Eastern on 6/8/2018.] (Entered: 08/03/2017)
`
`NOTICE of Appearance by Elaine M. Pohl on behalf of ACE American
`Insurance Company, Agrinational Insurance Company, Inc., American
`Agri−Business Insurance Company, American Agricultural Insurance
`Company, Amtrust Insurance Company of Kansas, Inc., Atlantic Specialty
`Insurance Company, CGB Diversified Services, Inc., Everest Reinsurance
`Company, Farmers Mutual Hail Insurance Company of Iowa, Great American
`Insurance Company, Hudson Insurance Company, John Deere Insurance
`Company, NAU Country Insurance Company, Occidental Fire & Casualty
`Company of North Carolina, Producers Agriculture Insurance Company,
`Rural Community Insurance Company d/b/a RCIS, Starr Indemnity &
`Liability Company, Inc., Technology Insurance Company, Inc.. (Pohl, Elaine)
`[Transferred from Michigan Eastern on 6/8/2018.] (Entered: 08/04/2017)
`
`STIPULATION AND ORDER for Extension of Time to File Defendant
`Insurers' Response to Plaintiffs' 1 Complaint. (Response due by 9/15/2017.)
`Signed by District Judge Thomas L. Ludington. (KWin) [Transferred from
`Michigan Eastern on 6/8/2018.] (Entered: 08/09/2017)
`
`NOTICE of Appearance by Charles W. Browning on behalf of ACE American
`Insurance Company, Agrinational Insurance Company, Inc., American
`Agri−Business Insurance Company, American Agricultural Insurance
`Company, Amtrust Insurance Company of Kansas, Inc., Atlantic Specialty
`Insurance Company, CGB Diversified Services, Inc., Everest Reinsurance
`Company, Farmers Mutual Hail Insurance Company of Iowa, Great American
`Insurance Company, Hudson Insurance Company, John Deere Insurance
`Company, NAU Country Insurance Company, Occidental Fire & Casualty
`Company of North Carolina, Producers Agriculture Insurance Company,
`Rural Community Insurance Company d/b/a RCIS, Starr Indemnity &
`Liability Company, Inc., Technology Insurance Company, Inc.. (Browning,
`Charles) [Transferred from Michigan Eastern on 6/8/2018.] (Entered:
`08/09/2017)
`
`NOTICE of Appearance by Robert G. Kamenec on behalf of ACE American
`Insurance Company, Agrinational Insurance Company, Inc., American
`Agri−Business Insurance Company, American Agricultural Insurance
`Company, Amtrust Insurance Company of Kansas, Inc., Atlantic Specialty
`Insurance Company, CGB Diversified Services, Inc., Everest Reinsurance
`Company, Farmers Mutual Hail Insurance Company of Iowa, Great American
`Insurance Company, Hudson Insurance Company, John Deere Insurance
`Company, NAU Country Insurance Company, Occidental Fire & Casualty
`Company of North Carolina, Producers Agriculture Insurance Company,
`Rural Community Insurance Company d/b/a RCIS, Starr Indemnity &
`Liability Company, Inc., Technology Insurance Company, Inc.. (Kamenec,
`Robert) [Transferred from Michigan Eastern on 6/8/2018.] (Entered:
`08/09/2017)
`
`October 5 2020 pg 15
`Appellate Case: 20-3073 Page: 15 Date Filed: 10/06/2020 Entry ID: 4963062
`
`

`

`08/21/2017
`
`29
`
`08/21/2017
`
`30
`
`08/22/2017
`
`31
`
`08/22/2017
`
`32
`
`08/22/2017
`
`33
`
`08/22/2017
`
`34
`
`08/22/2017
`
`35
`
`08/22/2017
`
`36
`
`08/23/2017
`
`37
`
`09/20/2017
`
`38
`
`09/22/2017
`
`39
`
`CERTIFICATE of Service/Summons Returned Executed. U.S. Attorney on
`behalf of Federal Crop Insurance Corporation served on 6/23/2017, answer
`due 8/22/2017; Risk Management Agency served on 6/23/2017, answer due
`8/22/2017. (Tallman, John) [Transferred from Michigan Eastern on 6/8/2018.]
`(Entered: 08/21/2017)
`
`CERTIFICATE of Service/Summons Returned Executed. U.S. Dept. of
`Agriculture served on 07/25/2017. (Tallman, John) [Transferred from
`Michigan Eastern on 6/8/2018.] (Entered: 08/21/2017)
`
`NOTICE of Appearance by Theresa M. Urbanic on behalf of Federal Crop
`Insurance Corporation, Risk Management Agency, United States Department
`of Agriculture. (Urbanic, Theresa) [Transferred from Michigan Eastern on
`6/8/2018.] (Entered: 08/22/2017)
`
`[STRICKEN]WAIVER OF SERVICE Returned Executed. (Pohl, Elaine)
`Modified on 8/22/2017 (Krause, S).[FILED AN AMENDED WAIVER OF
`SERVICE; DOCKET ENTRY 36 ] Modified on 8/22/2017 (DTyl).
`[Transferred from Michigan Eastern on 6/8/2018.] (Entered: 08/22/2017)
`
`WAIVER OF SERVICE Returned Executed. Amtrust Insurance Company of
`Kansas, Inc. waiver sent on 6/13/2017, answer due 8/14/2017. (Pohl, Elaine)
`[Transferred from Michigan Eastern on 6/8/2018.] (Entered: 08/22/2017)
`
`WAIVER OF SERVICE Returned Executed. Atlantic Specialty Insurance
`Company waiver sent on 6/13/2017, answer due 8/14/2017. (Pohl, Elaine)
`[Transferred from Michigan Eastern on 6/8/2018.] (Entered: 08/22/2017)
`
`WAIVER OF SERVICE Returned Executed. Technology Insurance
`Company, Inc. waiver sent on 6/13/2017, answer due 8/14/2017. (Pohl,
`Elaine) [Transferred from Michigan Eastern on 6/8/2018.] (Entered:
`08/22/2017)
`
`WAIVER OF SERVICE Returned Executed. Agrinational Insurance
`Company, Inc. waiver sent on 6/13/2017, answer due 8/14/2017. (Pohl,
`Elaine) Modified on 8/22/2017 (DTyl) [DOCKET ENTRY # 32 RE−FILED
`CORRECTLY] [Transferred from Michigan Eastern on 6/8/2018.] (Entered:
`08/22/2017)
`
`STIPULATED ORDER of Extension of Time for Federal Defendants to
`Answer or Otherwise Respond re 1 Complaint, (Response due by 9/15/2017.)
`Signed by District Judge Thomas L. Ludington. (KWin) [Transferred from
`Michigan Eastern on 6/8/2018.] (Entered: 08/23/2017)
`
`STIPULATION AND ORDER for Extension of Time to File Defendant
`Insurers' Response to Plaintiff's 1 Complaint. (Response due by 9/22/2017.)
`Signed by District Judge Thomas L. Ludington. (KWin) [Transferred from
`Michigan Eastern on 6/8/2018.] (Entered: 09/20/2017)
`
`MOTION Partial Dismissal by Federal Crop Insurance Corporation, Risk
`Management Agency, United States Department of Agriculture. (Attachments:
`# 1 Index of Exhibits, # 2 Exhibit 1 Complaint−Part 1, # 3 Document
`Continuation 1 Complaint−Part 2, # 4 Exhibit 2 Standard Reinsurance
`Agreement) (Urbanic, Theresa) [Transferred from Michigan Eastern on
`6/8/2018.] (Entered: 09/22/2017)
`
`October 5 2020 pg 16
`Appellate Case: 20-3073 Page: 16 Date Filed: 10/06/2020 Entry ID: 4963062
`
`

`

`09/22/2017
`
`40
`
`09/22/2017
`
`41
`
`09/26/2017
`
`42
`
`09/29/2017
`
`43
`
`09/29/2017
`
`44
`
`10/23/2017
`
`45
`
`11/01/2017
`
`46
`
`ANSWER to Complaint with Affirmative Defenses (Partial Answer) by
`Federal Crop Insurance Corporation, Risk Management Agency, United States
`Department of Agriculture. (Urbanic, Theresa) [Transferred from Michigan
`Eastern on 6/8/2018.] (Entered: 09/22/2017)
`
`MOTION to Dismiss by ACE American Insurance Company, Agrinational
`Insurance Company, Inc., American Agri−Business Insurance Company,
`American Agricultural Insurance Company, Amtrust Insurance Company of
`Kansas, Inc., Atlantic Specialty Insurance Company, CGB Diversified
`Services, Inc., Everest Reinsurance Company, Farmers Mutual Hail Insurance
`Company of Iowa, Federal Crop Insurance Corporation, Great American
`Insurance Company, Hudson Insurance Company, John Deere Insurance
`Company, NAU Country Insurance Company, Occidental Fire & Casualty
`Company of North Carolina, Producers Agriculture Insurance Company, Risk
`Management Agency, Rural Community Insurance Company d/b/a RCIS,
`Starr Indemnity & Liability Company, Inc., Technology Insurance Company,
`Inc.. (Attachments: # 1 Index of Exhibits Index of Exhibits re Insurer's Motion
`to Dismiss, # 2 Exhibit 1 − RMA Final Agency Determination, # 3 Exhibit 2 −
`RMA 11/2/12 Memo, # 4 Exhibit 3 − RMA 12/15/15 Memo, # 5 Exhibit 4 −
`Wardlaw v Rural Cmty. Ins. Servs., # 6 Exhibit 5 − Farmers v Alliance, # 7
`Exhibit 6 − Svancara v Rain, # 8 Exhibit 7 − Skymount v Fed. Crop Ins.
`Corp., # 9 Exhibit 8 − Plants Inc. v Fireman's Fund, # 10 Exhibit 9 − In re
`iPhone Application Litig.) (Browning, Charles) [Transferred from Michigan
`Eastern on 6/8/2018.] (Entered: 09/22/2017)
`
`NOTICE OF HEARING on 41 MOTION to Dismiss and 39 MOTION Partial
`Dismissal . Motion Hearing set for 12/5/2017 at 3:30 PM before District
`Judge Thomas L. Ludington. (KWin) [Transferred from Michigan Eastern
`on 6/8/2018.] (Entered: 09/26/2017)
`
`RE−NOTICE OF HEARING on 41 MOTION to Dismiss and 39 MOTION
`Partial Dismissal . Motion Hearings RE−set for 12/13/2017 at 2:00 PM
`before District Judge Thomas L. Ludington (from 12/5/2017). (KWin)
`[Transferred from Michigan Eastern on 6/8/2018.] (Entered: 09/29/2017)
`
`STIPULATED ORDER of Extension of Time for Federal Defendants to
`Answer or Otherwise Respond to 1 Complaint. (Response due by 9/22/2017.)
`Signed by District Judge Thomas L. Ludington. (KWin) [Transferred from
`Michigan Eastern on 6/8/2018.] (Entered: 09/29/2017)
`
`STIPULATION AND ORDER for Extension of Time to File Amended 1
`Complaint and Motion Responses. (Amended Complaint due by 11/1/2017),
`(Plaintiff's Response to 41 MOTION to Dismiss and 39 MOTION Partial
`Dismissal due by 11/1/2017), (Defendant's Response Amended Complaint
`due by 11/22/2017). Signed by District Judge Thomas L. Ludington. (KWin)
`[Transferred from Michigan Eastern on 6/8/2018.] (Entered: 10/23/2017)
`
`[STRICKEN] AMENDED COMPLAINT First Amended Complaint for
`Judicial Review of Agency Actions, Declaratory and Injunctive Relief,
`Contract Reformation, Contract Rescission, Damages, and other Relief filed
`by All Plaintiffs against All Defendants. NO NEW PARTIES ADDED.
`(Tallman, John) Modified on 11/9/2017 (KWin). [Transferred from Michigan
`Eastern on 6/8/2018.] (Entered: 11/01/2017)
`
`October 5 2020 pg 17
`Appellate Case: 20-3073 Page: 17 Date Filed: 10/06/2020 Entry ID: 4963062
`
`

`

`11/03/2017
`
`47
`
`11/03/2017
`
`48
`
`11/07/2017
`
`49
`
`11/09/2017
`
`11/09/2017
`
`50
`
`11/22/2017
`
`51
`
`ORDER Rejecting Stipulated Proposed Order for Extension of Time to
`Respond, Denying Motions to Dismiss as Moot and Cancelling Motion
`Hearing Date. Signed by District Judge Thomas L. Ludington. (KWin)
`[Transferred from Michigan Eastern on 6/8/2018.] (Entered: 11/03/2017)
`
`RESPONSE to 41 MOTION to Dismiss , 39 MOTION Partial Dismissal
`Plaintiffs' Response to Defendants' Motions for Dismissal filed by All
`Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4
`Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Tallman, John) [Transferred from
`Michigan Eastern on 6/8/2018.] (Entered: 11/03/2017)
`
`[STRICKEN] NOTICE by All Plaintiffs re 46 Amended Complaint, Exhibits
`Omitted from First Amended Complaint (Tallman, John) Modified on
`11/9/2017 (KWin). [Transferred from Michigan Eastern on 6/8/2018.]
`(Entered: 11/07/2017)
`
`NOTICE of Error Directed to: John D. Tallman re 46 Amended Complaint
`and 49 Notice (Other) Exhibits Omitted from Amended Complaint. 46
`Amended Complaint has incomplete PDF images − exhibits are not attached
`and 49 Notice of Omitted Exhibits − no index o