Morning Star Packing Company, et al v. SK Foods, et al

Filing 334

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 4/29/2019 ORDERING that defendants SK Foods, L.P. and SK PM Corporation are DISMISSED with prejudice and that the Amended Agreement for Allowance of Claims approved by Order of the Bankruptcy Court dated 1/27/2011 is not affected by this dismissal and remains in full force and effect. (Washington, S)

1
2
3
4
5
6
7
8

Dale C. Campbell, State Bar No. 99173
James Kachmar, State Bar No. 216781

WEINTRAUB TOBIN CHEDIAK COLEMAN GRODIN
Law Corporation

400 Capitol Mall, 11th Floor
Sacramento, California 95814
[phone] – Main
[phone] – Facsimile
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiffs The Morning Star Packing Company,
Liberty Packing Company, LLC, California Fruit & Tomato
Kitchens, LLC, and The Morning Star Company

9
UNITED STATES DISTRICT COURT

11

EASTERN DISTRICT OF CALIFORNIA

12
13
14
15
law corporation

weintraub tobin chediak coleman grodin

10

16
17

Plaintiffs,

18
19
20
21
22
23
24
25

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

THE MORNING STAR PACKING COMPANY,
a California limited partnership; LIBERTY
PACKING COMPANY, LLC, a California
limited liability company; CALIFORNIA
FRUIT & TOMATO KITCHENS, LLC, a
California limited liability company; and THE
MORNING STAR COMPANY, a California
corporation,

vs.
SK FOODS, L.P., a California limited
partnership; SK PM CORPORATION, a
California corporation; SCOTT SALYER, an
individual; RANDALL RAHAL, an individual;
INTRAMARK USA, INC., a New Jersey
corporation; INGOMAR PACKING
COMPANY, LLC, a California limited liability
company; GREG PRUETT, an individual; LOS
GATOS TOMATO PRODUCTS; STUART
WOOLF, an individual; ALAN HUEY, an
individual; and DOES 1 through 50,
inclusive,
Defendants.

26
27

NOTICE OF STIPULATED REQUEST FOR
DISMISSAL WITH PREJUDICE AS TO ONLY
DEFENDANTS SK FOODS L.P. AND SK PM
CORPORATION
AND ORDER

Complaint Filed: January 22, 2009
Trial Date: No trial date set

///

28

Case No. 2:09-CV-00208 KJM-EFB

///
{2646356.DOC;2}

1

Notice of Stipulated Request for Dismissal as to Only
Defendant Scott Salyer; [Proposed] Order
Case No. 2:09-cv-00208-KJM-EFB

1

Plaintiffs The Morning Star Packing Company, Liberty Packing Company, LLC,

2

California Fruit & Tomato Kitchens, LLC, and The Morning Star Company (collectively,

3

“Plaintiffs”), and defendants SK Foods, LLP and SK PM Corporation, (collectively

4

“SK Defendants”), by and through Bradley D. Sharp (“Trustee”), the duly appointed and acting

5

chapter 11 trustee for substantively consolidated debtors SK Foods, L.P., and RHM

6

Industrial/Specialty Foods, Inc., which consolidation includes defendant SK PM Corporation ,

7

by and through their attorneys of record, file this stipulation and proposed order of dismissal

8

with prejudice of SK Foods, LLP and SK PM Corporation pursuant to Federal Rules of Civil

9

Procedure, rule 41(a)(2).
Plaintiffs filed their Complaint on January 22, 2009, naming SK Foods and others as

11

defendants [Dkt. 1]. On January 29, 2010, Plaintiffs filed a First Amended Complaint adding

12

SK PM Corporation and others as a defendants [Dkt. 100]. On December 6, 2010, Plaintiffs

13

filed a Second Amended Complaint [Dkt. 116].

14

The action against the SK Defendants was automatically stayed because of the filing of

15
law corporation

weintraub tobin chediak coleman grodin

10

the Notice by Defendant SK Foods, L.P. of Pendency of Chapter 11 Case filed in this matter on

16

May 11, 2009 [Dkt. 75].

17

Plaintiffs and the Trustee entered into an Amended Agreement for Allowance of Claims

18

by which Plaintiffs and the SK Foods Defendants compromised all claims raised by Plaintiffs

19

in this action against the SK Foods Defendants. Plaintiffs and the Trustee filed a motion to

20

approve the compromise and specifically filed a Notice of Filing Amended Agreement for

21

Allowance of Claims filed in the United States Bankruptcy Court for the Eastern District of

22

California, Sacramento Division, Case No. 09-29162-D-11 and Case No. 09-29161-D-11

23

(“Bankruptcy Court”), which attached a copy of the Amended Agreement for Allowance of

24

Claims (“Compromise”), a true and correct copy of which is attached hereto as Exhibit “A.” On

25

January 27, 2011, the Bankruptcy Court issued a Memorandum of Decision approving the

26

Compromise as fair and equitable. A true and correct copy of the Memorandum of Decision

27

is attached hereto as Exhibit “B.” That same date, the Bankruptcy Court issued its Order

28

granting
{2646356.DOC;2}

2

Notice of Stipulated Request for Dismissal as to Only
Defendant Scott Salyer; [Proposed] Order
Case No. 2:09-cv-00208-KJM-EFB

1

///

2

the motion to approve the Compromise between Plaintiffs and the Trustee. A true and correct

3

copy of the Order is attached hereto as Exhibit “C.”

4

In order to fully effectuate the terms of the Compromise, Plaintiffs and Trustee hereby

5

stipulate and request that the claims against the SK Defendants be dismissed with prejudice

6

in the above-entitled action pursuant to rule 41(a)(2) of the Federal Rules of Civil Procedure

7

on the terms that the Amended Agreement for Allowance of Claims approved by Order of

8

the Bankruptcy Court dated January 27, 2011, is not affected by the dismissal and remains in

9

full force and effect. Plaintiffs and Trustee further stipulate that each side shall bear its own

11

attorneys’ fees and costs.
IT IS SO STIPULATED.

12
13

Respectfully submitted,
Dated: April 19, 2019

15

By:

16
17

Company,

18
19
20

WEINTRAUB TOBIN CHEDIAK COLEMAN GRODIN
Law Corporation

14
law corporation

weintraub tobin chediak coleman grodin

10

Dated: April 19, 2019

21

Attorneys for Plaintiffs The Morning Star Packing
Liberty Packing Company, LLC, California Fruit & Tomato
Kitchens, LLC, and The Morning Star Company

NUTI HART LLP
By:

22

/s/ Dale C. Campbell
Dale C. Campbell, SBN 99173

/s/ Kevin Coleman
Kevin Coleman, SBN 168538

Attorneys for Bradley D. Sharp, Chapter 11 Trustee

23
24
25
26
27
28
{2646356.DOC;2}

3

Notice of Stipulated Request for Dismissal as to Only
Defendant Scott Salyer; [Proposed] Order
Case No. 2:09-cv-00208-KJM-EFB

1

ORDER

2

Having reviewed the above Stipulated Request for Dismissal with Prejudice by Plaintiffs

3

The Morning Star Packing Company, Liberty Packing Company, LLC, California Fruit & Tomato

4

Kitchens, LLC, and The Morning Star Company (collectively, “Plaintiffs”) and defendants SK

5

Foods, LP and SK PM Corporation, by and through Bradley D. Sharp, Chapter 11 Trustee, and

6

good cause appearing therefor,
IT IS HEREBY ORDERED that Plaintiffs’ action as to defendants SK Foods, LP and SK PM

8

Corporation only is dismissed with prejudice and that the Amended Agreement for Allowance

9

of Claims approved by Order of the Bankruptcy Court dated January 27, 2011 is not affected

10

by this dismissal and remains in full force and effect . Each side shall bear its own attorneys’

11

fees and costs.

12
13

IT IS SO ORDERED.
Dated: April 29, 2019.

14
UNITED STATES DISTRICT JUDGE

15
law corporation

weintraub tobin chediak coleman grodin

7

16
17
18
19
20
21
22
23
24
25
26
27
28
{2646356.DOC;2}

4

Notice of Stipulated Request for Dismissal as to Only
Defendant Scott Salyer; [Proposed] Order
Case No. 2:09-cv-00208-KJM-EFB