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

Filing 268

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 5/10/2016 ORDERING that the 5/12/2016 status conference is CONTINUED for one year until 5/11/2017 at 02:30 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Zignago, K.)

1
2
3
4
5

ROGER M. SCHRIMP (SBN 39379)
DAMRELL, NELSON, SCHRIMP,
PALLIOS, PACHER & SILVE
1601 I Street, Fifth Floor
Modesto, CA 95354
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Liaison Counsel for Plaintiffs
and the Class

6
7
UNITED STATES DISTRICT COURT

8
9

EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

10
11
12

FOUR IN ONE COMPANY, INC.,
on behalf of itself and all others similarly
situated,

15
16
17

STIPULATION AND [PROPOSED]
ORDER TO CONTINUE STATUS
CONFERENCE

Plaintiffs,

13
14

Case No. 08-cv-3017 KJM EFB

v.
SK FOODS, L.P., INGOMAR PACKING
COMPANY, LOS GATOS TOMATO
PRODUCTS, SCOTT SALYER, STUART
WOOLF and GREG PRUETT,

Date:
Time:
Place:
Judge:

May 12, 2016
3:30 p.m.
Courtroom 3
Hon. Kimberly J. Mueller

Defendants.

18
19

WHEREAS, on September 16, 2014, the United States Bankruptcy Court for the Eastern

20

District of California entered an order confirming the "Second Amended Joint Plan of Liquidation

21

of SK Foods, LP and its Substantively Consolidated Affiliates (July 16, 2014)" [Dkt. No. 4980]

22

(the "SK Foods Bankruptcy Plan") in the Chapter 11 bankruptcy action filed by Defendant SK

23

Foods, L.P. (Case No. 09-29162-D-11); and

24

WHEREAS, all funds from the Class settlements with Ingomar Packing Company, Los

25

Gatos Tomato Products, Stuart Wolf and Greg Pruett have been paid and distributed to the Class

26

and the only funds left to be distributed to the Class are those pursuant to the SK Foods

27

Bankruptcy Plan in the bankruptcy action; and

28
STIPULATION AND [PROPOSED] ORDER

-1-

CASE NO. 08-CV-3017

WHEREAS, the SK Foods Bankruptcy Plan became effective in early 2015 and the

1
2

Chapter 11 Trustee informed Class Counsel he anticipated making two or more distributions to

3

creditors with the initial distribution to the Class to occur in April 2015, and additional

4

distributions to the Class expected to occur in the near future pursuant to an application in the

5

bankruptcy action for the release of additional funds being held by the Australian government;

6

and

7

WHEREAS, Class Counsel received funds for the Class from the bankruptcy in the

8

amount of $425,532.72, which by order of this Court were distributed pro rata to the Class

9

members by the claims administrator under the approved plan of allocation; and

10

WHEREAS, on September 15, 2015, the Chapter 11 Trustee informed Class Counsel that

11

the Attorney-General’s Department of the Australian Government (the “AGD”) has refused to

12

release the requested additional funds finding such release inconsistent with the policy objectives

13

of Australia’s Proceeds of Crimes Act of 2002; and

14
15
16

WHEREAS, the Chapter 11 Trustee has decided not to challenge the AGD’s decision
under Australia’s administrative procedures act; and
WHEREAS, in light of the failure of the bankruptcy application to secure release of the

17

Australian funds, the Chapter 11 Trustee has asked the United States Department of Justice

18

(“DOJ”) to make a direct request to the Australian government for release of the funds; and

19

WHEREAS, Class Counsel does not yet know when or if the DOJ will agree to make such

20

a request, or whether the Australian government in its discretion would choose to grant the

21

request if made; and

22

WHEREAS, it is the opinion of Chapter 11 Trustee that if the DOJ were to make a direct

23

request it would likely will take at least a year for the Australian government to decide whether to

24

release all or a portion of the funds, based upon the Trustee’s experience with the Australian

25

Minister of Justice’s decision-making process; and

26

WHEREAS, the Chapter 11 Trustee has informed Class Counsel that there may be

27

monetary recovery obtained through adversary proceedings against the law firm of Kasowitz,

28

Benson, Torres & Friedman LLP, and Donald J. Putterman in the Bankruptcy Court for the
STIPULATION AND [PROPOSED] ORDER

-2-

CASE NO. 08-CV-3017

1

Eastern District of California (Adversary Proceeding No. 14-02025-D), which could result in

2

funds being distributed to unsecured creditors, including the Class, but that any recovery is

3

uncertain at this point and unlikely to occur sooner than in twelve months as the litigation is in the

4

discovery phase with a pre-trial conference set for April 13, 2017; and

5
6

WHEREAS, the Chapter 11 Trustee anticipates making no future distribution to the Class
other than the potential distributions referenced above; and

7

WHEREAS, the Court has a status conference currently scheduled for May 12, 2016;

8

NOW THEREFORE, the parties hereby stipulate, subject to this Court's approval, that the

9

May 12, 2016 status conference be continued for one year until May 11, 2017, or any other date

10

convenient for the Court, to address status of the potential distributions from the bankruptcy

11

proceedings.

12
13

DATED: May 9, 2016

By:

DATED: May 9, 2016

By: /s/ Steig Olson (as authorized on 5/6/16)
Stephen R. Neuwirth
Steig Olson
QUINN EMANUEL URQUHART & SULLIVAN,
LLP
51 Madison Avenue, 22nd Floor
New York, New York 10010
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

14
15
16
17

/s/ Arthur N. Bailey, Jr.
Michael P. Lehmann
Arthur N. Bailey, Jr.
HAUSFELD LLP
600 Montgomer Street, Suite 3200
San Francisco, CA 94111
Telephone: [phone]
Facsimile: (415) 358-49800
[e-mail]
[e-mail]

18
19
20
21
22
23
24
25
Class Counsel

26
27
28
STIPULATION AND [PROPOSED] ORDER

-3-

CASE NO. 08-CV-3017

DATED: May 9, 2016

By:

4

/s/ Stephen Zovickian (as authorized on 5/6/16)
Stephen Zovickian
MORGAN, LEWIS & BOCKIUS LLP
One Market Street, Spear Tower
San Francisco, CA 94105-1596
Telephone: [phone]
Facsimile: [phone]
[e-mail]

5

Attorneys for Defendant Ingomar Packing Company

1
2
3

6
7

DATED: May 9, 2016

8
9
10

By: /s/ George A. Nicoud III (as authorized on 5/6/16)
George A. Nicoud III
GIBSON DUNN & CRUTCHER, LLP
555 Mission Street, Suite 3000
San Francisco, CA 94105-2933
Telephone: [phone]
Facsimile: [phone]
[e-mail]

11
Attorneys for Defendant Los Gatos Tomato Products
12
13
14

DATED: May 9, 2016

By:

15
16
17

/s/ Miles Ehrlich (as authorized on 5/6/16)
Miles Ehrlich
RAMSEY & EHRLICH LLP
803 Hearst Avenue
Berkeley, CA 94710
Telephone: [phone]
Facsimile: [phone]
[e-mail]

18
Attorneys for Defendant Greg Pruett
19
20

21

DATED: May 9, 2016

22
23
24
25

By: /s/ William Farmer (as authorized on 5/6/16)
William Farmer
FARMER BROWNSTEIN JAEGER LLP
235 Montgomery Street, Suite 835
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendant Stuart Woolf

26
27
28
STIPULATION AND [PROPOSED] ORDER

-4-

CASE NO. 08-CV-3017

1
DATED: May 9, 2016

By:

2
3
4

/s/ Malcolm Segal (as authorized on 5/6/16)
Malcolm Segal
SEGAL & ASSOCIATES LLP
400 Capitol Mall, Suite 2550
Sacramento, CA 95814
Telephone: [phone]
[e-mail]

5
Attorneys for Defendant Scott Salyer
6
7

DATED: May 9, 2016

By:

8
9
10
11

/s/ Kevin W. Coleman (as authorized on 5/9/16)
Gregory C. Nuti
Kevin W. Coleman
SCHNADER HARRISON SEGAL & LEWIS LLP
650 California Street, 19th Floor
San Francisco, CA 94108-2736
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

12
Attorneys for Bradley D. Sharp, Chapter 11 Trustee
for SK Foods, LP

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED] ORDER

-5-

CASE NO. 08-CV-3017

ORDER
1
2

As provided by the parties’ stipulation (ECF No. 267) and good cause appearing,

3

the May 12, 2016 status conference shall be continued for one year until May 11, 2017 to address

4

the status then of the potential distributions from the bankruptcy proceedings.

5
6

IT IS SO ORDERED.
DATED: May 10, 2016.

7
8

UNITED STATES DISTRICT JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED] ORDER

-6-

CASE NO. 08-CV-3017