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AgWest Farm Credit
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Order | Filed: June 05, 2024 | Entered: June 05, 2024 AgWest Farm Credit v. Kimberly C et al
Contract: Marine | Oregon
1 - Scheduling
Order by Judge Armistead: The court has received the letter from Marvin L. Adams alleging an interest in the vessels Kimberly C and Yak 250 (ECF No. 23 ). To proceed in this case, Adams must provide further information as to his interest in those vessels.
If Adams claims an ownership or possessory interest in the vessels (i.e., some right to hold title to the vessels or to possess or control the vessels), he must comply with Supplemental Rule C(6) of the Federal Rules of Civil Procedure. A verified statement of right or interest should "describe the interest in the property that supports the person's demand." Supp. Rule C(6)(a)(ii). That is, the statement should describe the basis of Adams' claim and the amount claimed. Further, that statement must be verified, Supp Rule C(6)(a)(i), meaning it should state that Adams declares under penalty of perjury that the information contained in the statement is true and correct, and include a date and signature. 28 U.S.C. § 1746. In addition, Adams must file an answer, which must state his claims and any defenses against the claims of others and admit or deny (to the best of his knowledge) the allegations made by AgWest Farm Credit in its verified complaint (ECF No. 1 ). (Copy attached.) Fed. R. Civ. P. 8. If Adams is claiming an ownership or possessory interest, he should file (or mail) his statement of claim within 14 days (by June 19, 2024) and his answer within 21 days after that (by July 10, 2024).
If Adams instead claims a non-possessory, non-ownership interest in the vessels, such as a claim for unpaid wages, then Adams need only file a motion to intervene under Federal Rule of Civil Procedure 24. That motion should set out the basis and amount of his claim, and explain why it is necessary to protect Adams' interest that he be included in this action. Fed. R. Civ. P. 24(a)(2), (c). (pjg) (pjg).
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Service | Filed: June 05, 2024 | Entered: June 05, 2024 AgWest Farm Credit v. Kimberly C et al
Contract: Marine | Oregon
Clerks Notice of Mailing
Clerk's Notice of Mailing to Marvin L. Adams regarding Order 25 and its attachment. (pjg)
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Service | Filed: May 30, 2024 | Entered: May 30, 2024 AgWest Farm Credit v. Kimberly C et al
Contract: Marine | Oregon
Proof of Publication
Proof of Publication by AgWest Farm Credit with Affidavit and copy of published Legal Notice attached Filed by AgWest Farm Credit. (Darling, Lafcadio)
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