MONROE - A request by Steve Stettler and Decatur Dairy to prevent 16 farmers from filing a lawsuit in the future was dismissed Wednesday.
Green County Court Judge William Johnston said he didn't know how the court could rule to prevent a complaint that hadn't been filed.
"I don't see how the court can speculate on what might be and make a ruling," he told attorneys for both sides.
Robert Fredrickson, the attorney for Stettler and the cheese factory, told Johnston that the 16 farmers named in the court case continued to spread rumors about Stettler and threaten lawsuits.
Fredrickson called the farmers "disgruntled" and said any claims against Stettler and Decatur Dairy already have been settled by the court. A lawsuit by them against Stettler would be "frivolous."
He wanted Johnston to prevent the farmers - Robert P. Atkinson, Dan Ballmer, George Crooks, Dale Heath, James Lawrence, Dean Lederman, Joel Nieman, Brad Saunders, David Schenk, Herman Wellnitz, Joseph Wellnitz, Mark Wellnitz, Phil Wellnitz, James Wilke, Robert Wolfe and Jeff Border - from filing any suit in the future.
But the farmers' attorney, Richard Grant, told Johnston he hadn't filed anything against Stettler or Decatur Dairy and said the hearing against the farmers was unnecessary.
Johnston agreed with Grant. He said that if a suit is filed against Stettler and Decatur Dairy, there would be a hearing to determine if it should be dismissed.
He wasn't going to prevent anyone from filing a complaint.
After the hearing, Grant said he was pleased with Johnson's decision.
"I wasn't surprised by it at all," he said.
Grant said there are plans for the farmers to file a civil complaint against Stettler and Decatur Dairy in the future, but refused to say when it will be filed.
Fredrickson declined to comment on Johnston's decision but said if a complaint is filed he will respond to it.
Stettler, who didn't attend Wednesday's hearing, also asking the court to order the farmers to pay any costs for the proceedings.
In the court documents, Stettler, president and manager of the cheese factory, said he received a letter from Richard R. Grant of Cosigny, Andrews, Hemming and Grant in Janesville that he represented the farmers.
Grant informed Stettler in the March 5 letter that his clients considered suing Stettler and Decatur Dairy for damages in lost cheese sales, all costs of litigation and costs for the investigation.
According to Grant's letter to Stettler, included in Stettler's complaint, theft by fraud occurred and the 16 farmers are owed more than $870,000. Grant said triple damages are allowed under state statute and Stettler owes the farmers more than $2.6 million.
He offered Stettler a chance to settle the matter for $750,000.
Stettler said the farmers in the co-op were paid for every pound of milk they sent to him and he was willing to move on.
In March 2007, the board of directors filed a temporary restraining order to prevent Stettler from removing cheese making equipment from the factory and asked the court to grant a receivership for the equipment at the cheese factory, located west of Brodhead on County F.
That board also fired Stettler March 15 while Stettler was out of town. Stettler has managed the cheese factory since 1982. He owns the equipment in the cheese factory while the co-op owns the building.
Green County Court Judge William Johnston said he didn't know how the court could rule to prevent a complaint that hadn't been filed.
"I don't see how the court can speculate on what might be and make a ruling," he told attorneys for both sides.
Robert Fredrickson, the attorney for Stettler and the cheese factory, told Johnston that the 16 farmers named in the court case continued to spread rumors about Stettler and threaten lawsuits.
Fredrickson called the farmers "disgruntled" and said any claims against Stettler and Decatur Dairy already have been settled by the court. A lawsuit by them against Stettler would be "frivolous."
He wanted Johnston to prevent the farmers - Robert P. Atkinson, Dan Ballmer, George Crooks, Dale Heath, James Lawrence, Dean Lederman, Joel Nieman, Brad Saunders, David Schenk, Herman Wellnitz, Joseph Wellnitz, Mark Wellnitz, Phil Wellnitz, James Wilke, Robert Wolfe and Jeff Border - from filing any suit in the future.
But the farmers' attorney, Richard Grant, told Johnston he hadn't filed anything against Stettler or Decatur Dairy and said the hearing against the farmers was unnecessary.
Johnston agreed with Grant. He said that if a suit is filed against Stettler and Decatur Dairy, there would be a hearing to determine if it should be dismissed.
He wasn't going to prevent anyone from filing a complaint.
After the hearing, Grant said he was pleased with Johnson's decision.
"I wasn't surprised by it at all," he said.
Grant said there are plans for the farmers to file a civil complaint against Stettler and Decatur Dairy in the future, but refused to say when it will be filed.
Fredrickson declined to comment on Johnston's decision but said if a complaint is filed he will respond to it.
Stettler, who didn't attend Wednesday's hearing, also asking the court to order the farmers to pay any costs for the proceedings.
In the court documents, Stettler, president and manager of the cheese factory, said he received a letter from Richard R. Grant of Cosigny, Andrews, Hemming and Grant in Janesville that he represented the farmers.
Grant informed Stettler in the March 5 letter that his clients considered suing Stettler and Decatur Dairy for damages in lost cheese sales, all costs of litigation and costs for the investigation.
According to Grant's letter to Stettler, included in Stettler's complaint, theft by fraud occurred and the 16 farmers are owed more than $870,000. Grant said triple damages are allowed under state statute and Stettler owes the farmers more than $2.6 million.
He offered Stettler a chance to settle the matter for $750,000.
Stettler said the farmers in the co-op were paid for every pound of milk they sent to him and he was willing to move on.
In March 2007, the board of directors filed a temporary restraining order to prevent Stettler from removing cheese making equipment from the factory and asked the court to grant a receivership for the equipment at the cheese factory, located west of Brodhead on County F.
That board also fired Stettler March 15 while Stettler was out of town. Stettler has managed the cheese factory since 1982. He owns the equipment in the cheese factory while the co-op owns the building.