UNITED STATES DISTRICT COURT
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UNITED STATES DISTRICT COURT
D...
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
COMPEER FINANCIAL, PCA,
Plaintiff,
v.
SUNWOLD FARMS, INC.,
SUNTERRA FARMS IOWA, INC.
and LARIAGRA FARMS SOUTH, INC.,
Defendants,
PVC MANAGEMENT II, LLC,
d/b/a PIPESTONE MANAGEMENT,
Receiver,
THE PORK GROUP, INC. AND
TYSON FRESH MEATS, INC.,
Intervenors.
4:25-cv-04044
NOTICE OF PRIVATE SALE AND
HEARING RELATED THERETO
PLEASE TAKE NOTICE that on May 14, 2025, PVC Management II, LLC, doing business as Pipestone Management ("Receiver"), as receiver for SUNWOLD FARMS, INC.,
SUNTERRA FARMS IOWA, INC. and LARIAGRA FARMS SOUTH, INC. (collectively, the Debtors") filed a Motion to Authorize Private Sale [Doc. 66] (the "Sale Motion") and supporting brief [Doc. 67] and form of proposed order [Doc. 69] seeking approval of the sale of substantially all assets of the Debtors, including without limitation the Debtors' rights under certain barn agreements (collectively the "Purchased Assets"), to THE PORK GROUP, INC. (the "Purchaser").
PLEASE TAKE FURTHER NOTICE that the sale of the Purchased Assets to the Purchaser will be free and clear of all liens, claims, encumbrances, and other interests, and free and clear of any successor liability or similar claims or remedies of any kind.
PLEASE TAKE FURTHER NOTICE that the Receiver will seek approval of the Transactions at a hearing scheduled to commence on MAY 29, 2025 at 9:00 A.M. prevailing Central time before the Honorable Eric C. Schulte at the United States District Court for the District of South Dakota, 400 S. Phillips Ave., Sioux Falls, SD 57104.
PLEASE TAKE FURTHER NOTICE that any written objections to consummation or approval of the Transactions must be filed with the Court and served on the following parties: (i) counsel to the Receiver, Cadwell Sanford Deibert & Garry LLP, Attn: James Simko, 200 E 10th St, Suite 200, Sioux Falls, SD 57104, Email: jsimko@cadlaw.com; (ii) counsel to the Purchaser, Bradley Arant Boult Cummings LLP, 1819 Fifth Avenue North, Birmingham, AL 35203, Attn: Edward S. Sledge, IV and James B. Bailey, Email: esledge@bradley.com, jbailey@bradley.com, May, Adam, Gerdes & Thompson LLP, 503 South Pierre Street, Pierre, SD 57501, Attn: Justin L. Bell, Email: jlb@mayadam.net; and (iii) counsel to Compeer Financial, PCA, Gislason & Hunter LLP, Suite 200, 124 East Walnut Street, PO Box 1268, Mankato, MN 56002, Attn: Jennifer G. Lurken and Rick J. Halbur, Email: jlurken@gislason.com, rhalbur@gislason.com.
Copies of the Motion and all related exhibits, and any other filings in the above-captioned action are available on the Court's CM/ECF website at https://ecf.sdd.uscourts.gov/ (charges may apply) or upon request to counsel to the Receiver, Cadwell Sanford Deibert & Garry LLP, Attn: James Simko, 200 E 10th St, Suite 200, Sioux Falls, SD 57104, Email:
jsimko@cadlaw.com.
CONSEQUENCES OF FAILING TO TIMELY MAKE AN OBJECTION
ANY PARTY OR ENTITY WHO FAILS TO TIMELY MAKE AN OBJECTION TO THE TRANSACTIONS ON OR BEFORE THE HEARING DATE SHALL BE DEEMED TO HAVE CONSENTED TO THE SALE AND TRANSFER OF THE PURCHASED ASSETS TO THE PURCHASER AND SHALL BE FOREVER BARRED FROM ASSERTING ANY OBJECTION TO THE TRANSACTIONS, INCLUDING WITH RESPECT TO THE TRANSFER OF THE TRANSFERRED ASSETS TO THE PURCHASER FREE AND CLEAR OF SUCCESSOR LIABILITY OF ANY KIND AND ALL LIENS, CLAIMS, ENCUMBRANCES, AND OTHER INTERESTS THAT SUCH PARTY OR ENTITY MAY HAVE AGAINST THE DEBTORS OR THE PURCHASED ASSETS.
CADWELL SANFORD DEIBERT & GARRY LLP
By /s/ James S. Simko
James S. Simko
Claire E. Wilka
200 East 10th St., Suite 200
Sioux Falls SD 57104
jsimko@cadlaw.com
cwilka@cadlaw.com
(605) 336-0828
Attorneys for Pipestone
Management II, LLC
Electronically Filed
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
COMPEER FINANCIAL, PCA,
Plaintiff,
v.
SUNWOLD FARMS, INC.,
SUNTERRA FARMS IOWA, INC.
and LARIAGRA FARMS SOUTH, INC.,
Defendants,
PVC MANAGEMENT II, LLC,
d/b/a PIPESTONE MANAGEMENT,
Receiver,
THE PORK GROUP, INC. AND
TYSON FRESH MEATS, INC.,
Intervenors.
4:25-cv-04044
NOTICE OF PRIVATE SALE AND
HEARING RELATED THERETO
PLEASE TAKE NOTICE that on May 14, 2025, PVC Management II, LLC, doing business as Pipestone Management ("Receiver"), as receiver for SUNWOLD FARMS, INC.,
SUNTERRA FARMS IOWA, INC. and LARIAGRA FARMS SOUTH, INC. (collectively, the Debtors") filed a Motion to Authorize Private Sale [Doc. 66] (the "Sale Motion") and supporting brief [Doc. 67] and form of proposed order [Doc. 69] seeking approval of the sale of substantially all assets of the Debtors, including without limitation the Debtors' rights under certain barn agreements (collectively the "Purchased Assets"), to THE PORK GROUP, INC. (the "Purchaser").
PLEASE TAKE FURTHER NOTICE that the sale of the Purchased Assets to the Purchaser will be free and clear of all liens, claims, encumbrances, and other interests, and free and clear of any successor liability or similar claims or remedies of any kind.
PLEASE TAKE FURTHER NOTICE that the Receiver will seek approval of the Transactions at a hearing scheduled to commence on MAY 29, 2025 at 9:00 A.M. prevailing Central time before the Honorable Eric C. Schulte at the United States District Court for the District of South Dakota, 400 S. Phillips Ave., Sioux Falls, SD 57104.
PLEASE TAKE FURTHER NOTICE that any written objections to consummation or approval of the Transactions must be filed with the Court and served on the following parties: (i) counsel to the Receiver, Cadwell Sanford Deibert & Garry LLP, Attn: James Simko, 200 E 10th St, Suite 200, Sioux Falls, SD 57104, Email: jsimko@cadlaw.com; (ii) counsel to the Purchaser, Bradley Arant Boult Cummings LLP, 1819 Fifth Avenue North, Birmingham, AL 35203, Attn: Edward S. Sledge, IV and James B. Bailey, Email: esledge@bradley.com, jbailey@bradley.com, May, Adam, Gerdes & Thompson LLP, 503 South Pierre Street, Pierre, SD 57501, Attn: Justin L. Bell, Email: jlb@mayadam.net; and (iii) counsel to Compeer Financial, PCA, Gislason & Hunter LLP, Suite 200, 124 East Walnut Street, PO Box 1268, Mankato, MN 56002, Attn: Jennifer G. Lurken and Rick J. Halbur, Email: jlurken@gislason.com, rhalbur@gislason.com.
Copies of the Motion and all related exhibits, and any other filings in the above-captioned action are available on the Court's CM/ECF website at https://ecf.sdd.uscourts.gov/ (charges may apply) or upon request to counsel to the Receiver, Cadwell Sanford Deibert & Garry LLP, Attn: James Simko, 200 E 10th St, Suite 200, Sioux Falls, SD 57104, Email:
jsimko@cadlaw.com.
CONSEQUENCES OF FAILING TO TIMELY MAKE AN OBJECTION
ANY PARTY OR ENTITY WHO FAILS TO TIMELY MAKE AN OBJECTION TO THE TRANSACTIONS ON OR BEFORE THE HEARING DATE SHALL BE DEEMED TO HAVE CONSENTED TO THE SALE AND TRANSFER OF THE PURCHASED ASSETS TO THE PURCHASER AND SHALL BE FOREVER BARRED FROM ASSERTING ANY OBJECTION TO THE TRANSACTIONS, INCLUDING WITH RESPECT TO THE TRANSFER OF THE TRANSFERRED ASSETS TO THE PURCHASER FREE AND CLEAR OF SUCCESSOR LIABILITY OF ANY KIND AND ALL LIENS, CLAIMS, ENCUMBRANCES, AND OTHER INTERESTS THAT SUCH PARTY OR ENTITY MAY HAVE AGAINST THE DEBTORS OR THE PURCHASED ASSETS.
CADWELL SANFORD DEIBERT & GARRY LLP
By /s/ James S. Simko
James S. Simko
Claire E. Wilka
200 East 10th St., Suite 200
Sioux Falls SD 57104
jsimko@cadlaw.com
cwilka@cadlaw.com
(605) 336-0828
Attorneys for Pipestone
Management II, LLC
Electronically Filed
Posted Online 1 day ago
