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CapitalPress.com
Friday, June 11, 2021
Oregon requires coronavirus vaccines for farmed mink
EASTERDAY RANCHES, INC., et al.
Lead Case No. 21-00141-11
Jointly Administered
Debtors. 1
NOTICE OF SALE OF PROPERTY BY AUCTION,
SALE OBJECTION DEADLINE, AND SALE HEARING
NOTICE TO CREDITORS OF EASTERDAY RANCHES, INC. (“RANCHES”); EASTERDAY FARMS (“FARMS”); CODY EASTERDAY
AND DEBBY EASTERDAY, HUSBAND AND WIFE, KAREN EASTERDAY, IN HER INDIVIDUAL CAPACITY AND AS THE PERSONAL
REPRESENTATIVE OF THE ESTATE OF GALE EASTERDAY 2 (COLLECTIVELY, THE “EASTERDAYS”).
PLEASE TAKE NOTICE OF THE FOLLOWING MATTERS THAT MAY AFFECT YOUR RIGHTS:
On February 1, 2021, and February 8, 2021, respectively, Ranches and Farms (together, the “Debtors”), commenced chapter 11 bankruptcy cases (the
“Bankruptcy Cases”) in the U.S. Bankruptcy Court for the Eastern District of Washington (the “Bankruptcy Court”).
The Debtors operate commercial farms and ranches that utilize multiple farms, feedlots, ranches, and other facilities that are commonly referred to as
Nine Canyon Farm, Goose Gap Farm, River Farm, Cox Farm, Farm Manager House, and Storage Complex (the “Property”). The Property is owned in part
by the Debtors (the “Debtor Property”) and in part by the Easterdays (the “Easterday Property”).
To maximize the value of the Property, the Debtors and the Easterdays determined that the Property should be marketed for sale together. Accordingly,
on March 26, 2021, the Debtors filed two motions with the Bankruptcy Court: (i) a motion to approve a cooperation agreement (the “Cooperation Agreement”)
between the Debtors and the Easterdays (together, the “Sellers”) and (ii) a motion (x) establishing a process to sell the Property and (y) to approve the sale of
the Property at the conclusion of such process (the “Sale Motion”).
On April 28, 2021, the Bankruptcy Court entered an order (the “Cooperation Agreement Order”) approving the Cooperation Agreement between
and among the Debtors and the Easterdays. On April 29, 2021, the Bankruptcy Court entered the Bidding Procedures Order which, among other things, (i)
approved procedures for submitting offers and bidding at an auction for the Property (“Bidding Procedures”), (ii) approved procedures for the assumption and
assignment of certain executory contracts and unexpired leases, (iii) scheduled a hearing on the sale, and (iv) granted related relief.
On May 19, 2021, the Sellers, entered into a purchase and sale agreement (the “Stalking Horse APA”) with Farmland Reserve, Inc. (“FRI” or the
“Stalking Horse Bidder”), pursuant to which, and subject to higher and better offers in accordance with the Bidding Procedures:
(i) the Debtors shall acquire the Easterday Property, upon which transfer all of the Easterday Property shall constitute
property of the Debtors’ bankruptcy estates in the Bankruptcy Cases and for which the Easterdays shall receive, subject to the approval
of the Bankruptcy Court, an allocable interest in the Net Sale Proceeds, as such term is defined in the Cooperation Agreement;
(ii) the Debtors shall sell, assign, transfer, convey and deliver to FRI, and FRI shall acquire and accept from Debtors, free
and clear of all Claims, Rights, and Encumbrances (as defined in the proposed Sale Order attached to the Stalking Horse APA), all of
the Debtors’ rights, title and interest in and to the Property; and
(iii) FRI shall pay $188,000,000 plus any transfer taxes or the like “Purchase Price” for the Property ((i) through (iii), the
“Sale”).
Also on May 19, 2021, the Debtors supplemented the Sale Motion with their motion to designate FRI as the Stalking Horse Bidder, approve the bid
protections in the Stalking Horse APA, and supplement the relief requested by the Debtors in the Sale Motion to include authorization for the Debtors to
acquire all rights, title and interest in and to the Easterday Property for the purpose of including the Easterday Property in the Sale, pursuant to the Stalking
Horse APA (“Supplemental Bidding Procedures Motion”).
On May 28, 2021, the Bankruptcy Court entered an order granting the Supplemental Bidding Procedures Motion, pursuant to which the Bankruptcy
Court (i) approved the Stalking Horse APA as the Stalking Horse Bid and FRI as the Stalking Horse Bidder, (ii) authorized the Debtors to enter into and
perform under the Stalking Horse APA, subject to higher or otherwise better offers by other qualified bidders, and (iii) approved the Debtors’ request to
supplement the relief requested by the Debtors in the Sale Motion to include authorization for the Debtors to acquire all rights, title and interest in and to the
Easterday Property for the purpose of consummating the Sale with the Stalking Horse Bidder, subject to higher or otherwise better offers by other qualified
bidders at an auction (the “Auction”) to be held on June 14, 2021, commencing at 10:00 a.m. (Pacific Time) (“Supplemental Bidding Procedures Order”).
THE BANKRUPTCY COURT HAS CURRENTLY SET JUNE 30, 2021 AT 4:00 P.M. (PACIFIC TIME) AS THE DEADLINE FOR ALL
OBJECTIONS TO THE SALE (THE “SALE OBJECTION DEADLINE”).
All objections to the Sale and related relief must: (a) be in writing; (b) be signed by counsel or attested to by the objecting party; (c) conform to the
Federal Rules of Bankruptcy Procedure and the Local Rules of the Bankruptcy Court (“Local Rules”); (d) be filed with the Clerk of the Bankruptcy Court, 402
E. Yakima Avenue, Yakima, WA 98901 by no later than the Sale Objection Deadline; and (e) be served in accordance with the Local Rules so as to be received
on or before the Objection Deadline by the following: (i) counsel to the Debtors: (a) Bush Kornfeld LLP, 601 Union Suite, Suite 500, Seattle, WA 98101,
Attention: Armand J. Kornfeld (jkornfeld@bskd.com) and Thomas A. Buford (tbuford@bskd.com); and (b) Pachulski Stang Ziehl & Jones, LLP, 10100 Santa
Monica Boulevard, 13th Floor, Los Angeles, CA 90067, Attention: Richard M. Pachulski (rpachulski@pszjlaw.com), Ira D. Kharasch (ikharasch@pszjlaw.
com), Jeffrey W. Dulberg (jdulberg@pszjlaw.com) and Jason H. Rosell (jrosell@pszjlaw.com); (ii) the Office of the United States Trustee for the Eastern
District of Washington, 920 W Riverside Ave, Suite 593, Spokane, WA 99201, Attn: Gary W. Dyer (Gary.W.Dyer@usdoj.gov); (iii) counsel to the Stalking
Horse Bidder, Stoel Rives LLP, 600 University Street, Suite 3600, Seattle, WA 98101, Attention: Oren B. Haker (oren.haker@stoel.com) and Ellen E. Ostrow
(ellen.ostrow@stoel.com); and (iv) those parties who have filed notices of appearance and/or requested service of all motions and pleadings in these Chapter
11 Cases prior to the date of service thereof.
THE SALE SHALL BE FREE AND CLEAR OF ALL LIENS, CLAIMS, ENCUMBRANCES OR OTHER INTERESTS UNDER
SECTION 363 OF THE BANKRUPTCY CODE. THE ASSIGNMENT OF CERTAIN OF THE SELLERS’ CONTRACTS AND LEASES MAY
BE APPROVED AND AUTHORIZED BY THE BANKRUPTCY COURT ABSENT A TIMELY OBJECTION BY ANY PERSON OR ENTITY
CLAIMING AN INTEREST OR RIGHT IN SUCH CONTRACT OR LEASE. THE FAILURE OF ANY PERSON OR ENTITY TO FILE
AND SERVE AN OBJECTION ON OR BEFORE THE SALE OBJECTION DEADLINE MAY BE DEEMED CONSENT TO ANY SALE OR
ASSIGNMENT APPROVED BY THE BANKRUPTCY COURT AND MAY BE A BAR TO THE ASSERTION OF ANY LIENS, CLAIMS,
RIGHTS, ENCUMBRANCES OR OTHER INTERESTS IN THE PROPERTY SOLD, ASSIGNED OR OTHERWISE TRANSFERRED TO THE
STALKING HORSE BIDDER OR THE SUCCESSFUL BIDDER(S), AND MAY BE A BAR TO ANY RECOVERY AGAINST THE STALKING
HORSE BIDDER OR OTHER SUCCESSFUL BIDDER(S).
IF YOU ARE A CREDITOR OF THE SELLERS OR A CONTRACT OR LEASE COUNTERPARTY TO ANY OF THE SELLERS, YOUR
RIGHTS MAY BE AFFECTED BY THE SALE OF THE PROPERTY TO THE STALKING HORSE BIDDER OR OTHER SUCCESSFUL
BIDDER(S). You should review the documents related to the Sale and discuss them with your attorney. If you do not have an attorney, you may wish to
consult one. Sale documents, including the Stalking Horse APA, Sale Motion, Bidding Procedures Order, Supplemental Bidding Procedures Order, and
proposed sale order, can be obtained through the Bankruptcy Court or by requesting copies from the Debtors’ bankruptcy counsel by email to Jason Rosell
(email: jrosell@pszjlaw.com). If you do not want the Bankruptcy Court to approve the Sale, you must file an objection with the Bankruptcy Court by
the Sale Objection Deadline as set forth above.
A hearing to confirm the results of the Auction and approve the sale of the Property (the “Sale Hearing”) will be held before the Honorable Whitman
Holt, United States Bankruptcy Judge, on July 14, 2021 at 11:00 a.m. (PT), or at such other time as the Bankruptcy Court permits, in the United States
Bankruptcy Court for the Eastern District of Washington, 402 E. Yakima Avenue, Second Floor Courtroom, Yakima, WA 98901. Parties may appear at the
Sale Hearing by telephone. To make a telephonic appearance, parties must call 877-402-9757; code 7036041. The Debtors may adjourn or reschedule the
Sale Hearing one or more times with prior notice filed on the docket in the Bankruptcy Cases or without prior notice by making an announcement at the Sale
Hearing.
Dates set forth in this notice are subject to change, and further notice of such changes may not be provided except through announcements in open court
and/or the filing of notices in the Bankruptcy Cases. Interested persons or entities are encouraged to monitor the electronic court docket for further updates.
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The Debtors along with their case numbers are as follows: Easterday Ranches, Inc. (21-00141) and Easterday Farms, a Washington general
partnership (21-00176).
The administration of the Estate of Gale Easterday is currently pending in Franklin County Superior Court, Case No. 21-450004-11.
S247835-1
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
06/14/2021. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2014 RAM 350 CW
VIN = 3C63R3LL1EG171585
Amount due on lien $1,535.00
Reputed owner(s)
KURT & MICHELLE UNDERWOOD
US BANK NA
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
06/14/2021. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2018 KIA SORENTO UT
VIN = 5XYPHDA55JG394213
Amount due on lien $1,435.00
Reputed owner(s)
RAYMOND L CROCKER
KIA MOTORS FINANCE CO
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
06/21/2021. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2019 CARRY UT
VIN = 4YMBC1427KR000722
Amount due on lien $1395.00
Reputed owner(s) RICHEY BYRD
SHEFFIELD FINANCIAL DIV TRST BANK
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
06/21/2021. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2015 TOYOTA RAV 4 UT
VIN = 2T3DFREV7FW321000
Amount due on lien $1395.00
Reputed owner(s)
NINA W & THOMAS J
CHURCH-ADAMS
FIFTH THIRD BANK NATL ASSOC
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
06/14/2021. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2015 MERZ C300 4DR
VIN = 55SWF4KB6FU008952
Amount due on lien $1,455.00
Reputed owner(s)
KRISTYN WYNGARDEN &
MICHAEL OYARZUN
SANTANDER CONSUMER USA
PUBLIC LIEN SALE
U-STORE SELF STORAGE
Auction Starts June 15, 2021
storageauctions.com
Ends Friday, June 25, 2021, 10am
1st - 1668 Industrial Way SW
Albany, Oregon
Dobson Katherine, Y013; Michelle
Kimble, H094; Grace Moller, G002;
Jordan Young, J001
2nd - 1501 Hawthorne Ave NE
Salem, Oregon
Lucy Briseno, 2D61; Jessica Jordyn
Gregory, 2D69; Felipe Jimenez, 2D42;
Joshua Kouches, 2A73; Larry R Lewis,
2B11; Casey Moore, 1D37; Kimberly
Munz, Y217; Melissa Taylor, 1C01;
Roger Tudela, 1C21; Phyllis Woodard,
RD03
S246880-1
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
06/14/2021. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2015 HONDA CRV UT
VIN = 2HKRM4H71FH672357
Amount due on lien $1,535.00
Reputed owner(s)
JEFFREY SCOTT REIMAN
S247134-1
Chapter 11
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
06/14/2021. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2012 TOYOTA CAMRY 4DR
VIN = 4T1BF1FK2CU066385
Amount due on lien $1,435.00
Reputed owner(s)
TERRA LINDA ELILAS FLORES
OREGON STATE CREDIT UNION
S247143-1
In re
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
06/21/2021. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2019 JEEP RENEGADE UT
VIN = ZACNJBAB6KPJ91304
Amount due on lien $1415.00
Reputed owner(s) MADELINE
SERENA KAY
S247123-1
LEGAL
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF WASHINGTON
cases of SARS-CoV-2 in
farmed mink, including the
U.S. Perhaps the most seri-
ous outbreak was in Den-
mark, where authorities
ordered the entire farmed
mink population of up to 17
million animals slaughtered.
Denmark also banned
mink farming and breeding
until at least 2022 after dis-
covering a new strain of the
virus that can be passed to
humans, called the Cluster
5 strain.
While the Centers for Dis-
ease Control and Prevention
states there is no evidence
that mink play a significant
role in spreading the corona-
virus to humans, cases have
been reported previously in
the Netherlands, Denmark,
and Poland.
Mink from a farm in
Michigan and a small num-
ber of people were also
infected with a mutated
strain of the coronavirus,
suggesting animal-to-human
spread could possibly have
happened in the U.S. Pub-
lic health officials, however,
say they would need more
information to conclusively
make that determination.
Those animals have
since tested negative for
SARS-CoV-2 twice, and the
infected people have since
recovered, the CDC reports.
Earlier this year, Ore-
gon Sen. Floyd Prozanski,
a Democrat representing
parts of Douglas and Lane
counties, sponsored a bill
that would ban mink farms
in Oregon. A hearing for
Senate Bill 832 was held in
April, but it failed to pass
out of committee.
LEGAL
IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF MARION
PROBATE DEPARTMENT
IN THE MATTER OF THE ESTATE OF
PENNY G. NEAL, deceased.
Case No.: 21PB01747
NOTICE TO INTERESTED PERSONS
NOTICE IS HERBY GIVEN that the
undersigned has been appointed
Personal Representative of the
above estate. All persons having
claims against the estate are re-
quired to present them to the un-
dersigned attorney at: 319 Sixth
Street SW, Albany, OR 97321 with-
in four months after the date of
the first publication of this notice,
as stated below, or such claims
may be barred.
All persons whose rights may be
effected by the proceedings in
this estate may obtain additional
information from the records of
the Court, the Personal Represen-
tative, or the attorney for the Per-
sonal Representative.
DATED and first published June
11th, 2021
Personal Representative
PAMELA K. MOYE
6265 NE Pettibone Drive
Corvallis, OR 97330
Attorney
DAVID B. BECKHAM
319 Sixth Ave SW
Albany, OR 97321
S248121-1
for minks was developed
by Zoetis, the world’s larg-
est producer of medicine
and vaccinations for pets
and livestock. The com-
pany, based in New Jersey,
worked with Fur Commis-
sion USA, which represents
mink farmers, on clinical
testing for the vaccine last
year.
Michael Whelan, execu-
tive director of the commis-
sion, said mink farmers were
already working toward vac-
cinating their animals even
before the Oregon rule was
announced.
“We see the importance
S247136-1
for the virus. Scholz said the
mink had likely contracted
the virus from workers at
the farm.
ODA did not identify the
farm for security reasons.
The positive tests prompted
concern about the possi-
bility of a “viral reservoir”
among captive mink spill-
ing into the wild and infect-
ing related species like river
otters, fishers and martens.
After two consecutive
rounds of follow-up testing
at the farm revealed no new
cases, the quarantine was
lifted on Feb. 11.
The approved vaccine
S247145-1
of the virus and the poten-
tial for virus transmission
back to humans,” said Ryan
Scholz, the state veterinar-
ian. “It is critical that own-
er-operators vaccinate their
mink against the virus.”
Surveillance testing will
provide assurance the vac-
cine is effective, and infec-
tions are not occurring on
farms, Scholz added.
The rule comes after one
mink farm in Oregon was
placed under quarantine
for more than two months
between late November and
early February after multi-
ple animals tested positive
S247121-1
The Oregon Department of Agriculture has filed an emergency temporary rule re-
quiring Oregon mink operators to vaccinate all captive mink against SARS-CoV-2.
S247122-1
SALEM — Oregon’s
campaign to vaccinate the
public against COVID-19
is extending to the animal
kingdom.
The state Department
of Agriculture has filed an
emergency temporary rule
requiring coronavirus vac-
cines for as many as 212,700
farmed mink to reduce the
risk of new infections, virus
mutations and possible ani-
mal-to-human transmission,
the agency announced May
28.
Mink farmers have until
Aug. 31 to vaccinate their
current animals. Any mink
born or imported after that
date must be vaccinated
within 120 days of birth,
or within 60 days of being
brought into Oregon.
Farms must also agree to
participate in additional sur-
veillance testing per ODA
and USDA guidelines.
“ODA is taking the nec-
essary precautions to reduce
the risk of infection in cap-
tive mink, as well as reduce
the risk of potential mutation
of keeping the mink healthy,
keeping the workers healthy
and keeping the public
healthy,” Whelan said.
Farmers will bear the
expense of vaccinating their
own animals, Whelan said.
Like the Pfizer and Mod-
erna vaccine for humans,
the Zoetis vaccine for minks
requires two rounds of shots.
The cost works out to about
77 cents per mink.
ODA
spokeswoman
Andrea
Cantu-Schomus
said Oregon has a maxi-
mum permitted capacity of
212,700 animals at regis-
tered mink farms, though
the actual count is likely
lower.
Fur Commission USA is
assisting in the distribution
of vaccines to veterinarians.
The first phase of vaccina-
tions in Oregon will likely
begin this week, Whelan
said.
In addition, Whelan said
the USDA and Centers for
Disease Control and Pre-
vention are in the process of
developing national proto-
cols that will likely require
vaccinating all mink nation-
wide. As of 2018, the U.S.
had 245 mink farms in 22
states that produced 3.1 mil-
lion pelts, according to the
commission.
“Oregon was quicker to
make an emergency rule
because of the outbreak, but
all mink in the country will
be vaccinated before the end
of July,” Whelan said.
As of December 2020,
eight countries have reported
S247130-1
By GEORGE PLAVEN
Capital Press
