Four in One Company, Inc. v. SK Foods, L.P. et al

Filing 198

ORDER signed by Judge Kimberly J. Mueller on 6/20/13. In light of the pending restitution hearing in United States v. Salyer, Cr. No. S-10-61 LKK, the court APPROVES the deferral of discovery at this time. After final approval of disposition as to the settling defendants, the court will schedule a further status conference to consider the status of defendant Salyer. (Meuleman, A)

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FOUR IN ONE COMPANY, INC.,
et al.,
Plaintiffs,

No. CIV S-08-3017 KJM EFB

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v.
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S.K. FOODS, L.P., et al.,

ORDER

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Defendants.
______________________________/
The parties appeared on May 30, 2013 for a Pretrial Scheduling Conference.

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Arthur Bailey and Michael Lehmann appeared for plaintiffs; Malcolm Segal appeared for

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defendant Salyer; Stephen Zocivkian appeared for defendant Ingomar Packing Company

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(Ingomar); Joel Sanders appeared for defendants Los Gatos Tomato Products (Los Gatos) and

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Stuart Woolf; and Miles Erlich appeared for defendant Greg Pruett.

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The parties informed the court that plaintiffs and defendants Ingomar, Los Gatos,

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Pruett and Woolf have reached an agreement in principle to settle. Plaintiffs will file a motion

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for preliminary approval of class certification and settlement within sixty days of the date of this

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order and will file a stipulation to stay proceedings as to these defendants as soon as the

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settlement agreements are executed. In addition, the bankruptcy court has approved plaintiffs’

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settlement with defendant S.K. Foods, but as no plan of reorganization has been approved, there

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have no disbursements to the class as yet.
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In light of the pending restitution hearing in United States v. Salyer, Cr. No. S-10-

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61 LKK, the court approves the deferral of discovery at this time. After final approval of

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disposition as to the settling defendants, the court will schedule a further status conference to

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consider the status of defendant Salyer.

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IT IS SO ORDERED.
DATED: June 20, 2013.

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UNITED STATES DISTRICT JUDGE

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