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

Filing 279

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 6/4/2018 CONTINUING Status Conference for 9 months to address status of the potential distributions from the bankruptcy proceedings. Status Conference RESET for 3/14/2019, at 02:30 PM, in Courtroom 3 (KJM), before District Judge Kimberly J. Mueller. (York, M)

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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]

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Class Counsel

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[Additional counsel on signature page]

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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

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Case No. 08-cv-3017 KJM EFB
STIPULATION AND ORDER TO
CONTINUE STATUS CONFERENCE

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

Date:
Time:
Place:
Judge:

June 7, 2018
2:30 p.m.
Courtroom 3
Hon. Kimberly J. Mueller

Defendants.

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WHEREAS, on September 16, 2014, the United States Bankruptcy Court for the Eastern
District of California entered an order confirming the "Second Amended Joint Plan of Liquidation
of SK Foods, LP and its Substantively Consolidated Affiliates (July 16, 2014)" [Dkt. No. 4980]
(the "SK Foods Bankruptcy Plan") in the Chapter 11 bankruptcy action filed by Defendant SK
Foods, L.P. (Case No. 09-29162-D-11); and
WHEREAS, all funds from the Class settlements with Ingomar Packing Company, Los
Gatos Tomato Products, Stuart Woolf and Greg Pruett have been paid and distributed to the Class
and Final Judgment has been entered as to these Defendants [Dkt No. 272]; and
STIPULATION AND ORDER

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CASE NO. 08-CV-3017

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WHEREAS all funds previously recovered through the SK Foods bankruptcy action have

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been paid and distributed to the Class and the only potential source of further distributions to the

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Class are additional funds recovered pursuant to the SK Foods Bankruptcy Plan in the bankruptcy

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action; and

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

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

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Benson, Torres & Friedman LLP, and Donald J. Putterman in the Bankruptcy Court for the

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Eastern District of California (Adversary Proceeding No. 14-02025-D) (“Kasowitz Action”),

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resulting in funds being distributed to unsecured creditors, including the Class, and

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WHEREAS, the Chapter 11 Trustee has informed Class Counsel that the parties in the
Kasowitz Action held a mediation on September 25, 2017, but the case did not settle; and

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WHEREAS, the Chapter 11 Trustee has informed Class Counsel the Kasowitz Action

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remains pending; no further settlement talks have occurred, and discovery in the Action is

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proceeding; and

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WHEREAS, the trial setting conference in the Kasowitz Action has been continued to
September 20, 2018 with the expectation that a trial date will be set at that time; and

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WHEREAS, the Chapter 11 Trustee anticipates being able to recover funds and make

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future distribution to unsecured creditors, including the Class, resulting from the Kasowitz

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Action, either through settlement or judgment at trial; and

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WHEREAS, this Court has a status conference currently scheduled for June 7, 2018;

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

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June 7, 2018 status conference be continued for nine month until March 7, 2019, or any other date

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

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proceedings resulting from the Kasowitz Action.

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STIPULATION AND ORDER

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CASE NO. 08-CV-3017

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DATED: May 31, 2018

By:

DATED: May 31, 2018

By: /s/ Steig Olson (as authorized on 5/31/18)
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]

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/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]

Class Counsel

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DATED: May 31, 2018

By:

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Attorneys for Defendant Scott Salyer

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/s/ Malcolm Segal (as authorized on 5/31/18)
Malcolm Segal
SEGAL & ASSOCIATES LLP
400 Capitol Mall, Suite 2550
Sacramento, CA 95814
Telephone: [phone]
[e-mail]

DATED: May 31, 2018

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By:

/s/ Kevin W. Coleman (as authorized on 5/31/18)
Gregory C. Nuti
Kevin W. Coleman
NUTI HART LLP
411 30th Street, Suite 408
Oakland, CA 94609
Telephone: [phone]
[e-mail]
[e-mail]
Attorneys for Bradley D. Sharp, Chapter 11 Trustee
for SK Foods, LP

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STIPULATION AND ORDER

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CASE NO. 08-CV-3017

ORDER
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GOOD CAUSE APPEARING THEREFORE, IT IS HEREBY ORDERED:

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The June 7, 2018 status conference shall be continued for nine months until March 14,

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2019 at 2:30 p.m., to address status of the potential distributions from the bankruptcy

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proceedings.

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IT IS SO ORDERED.
DATED: June 4, 2018

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UNITED STATES DISTRICT JUDGE

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STIPULATION AND ORDER

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CASE NO. 08-CV-3017