Salyer v. Sharp

Filing 6

ORDER signed by Senior Judge Lawrence K. Karlton on 7/27/10 ORDERING that it appears to the court that all issues to be raised in the captioned bankruptcy appeals may be resolved during the August 3, 2010 hearing. The court to dispose of the bankrupt cy appeals along with the criminal motion absent objection by any interested parties. Any objections shall be filed in writing on or before 12:00 p.m. on Monday, August 2, 2010. Objecting parties must also appear at the August 3, 2010 hearing at 09:15 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton.(Carlos, K)

Salyer v. Sharp

Doc. 6

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 IN RE: SK FOODS, L.P. Debtor. / CIV. NO. S-10-1493 LKK IN RE: SK FOODS, L.P. Debtor. BRADLEY SHARP, Plaintiff, v. SSC FARMS 1, LLC, et al., Defendants. / CIV. NO. S-10-1492 LKK UNITED STATES OF AMERICA, Plaintiff, v. FREDERICK SCOTT SALYER, Defendant. / CR. NO. S-10-061 LKK UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Dockets.Justia.com

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IN RE: SK FOODS, L.P. Debtor. BRADLEY SHARP, Plaintiff, v. CSSS, L.P., et al., Defendants. / IN RE: SK FOODS, L.P. Debtor. BRADLEY SHARP, Plaintiff, v. FRED SALYER IRREVOCABLE TRUST, et al., Defendants. / IN RE: SK FOODS, L.P. Debtor. BRADLEY SHARP, Plaintiff, v. SKF AVIATION, LLC., et al., Defendants. / CIV. NO. S-10-1498 LKK CIV. NO. S-10-1497 LKK CIV. NO. S-10-1496 LKK

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IN RE: SK FOODS, L.P. Debtor. BRADLEY SHARP, Plaintiff, v. SCOTT SALYER, et al., Defendants. / IN RE: SK FOODS, L.P. Debtor. BRADLEY SHARP, Plaintiff, v. ORDER SCOTT SALYER, et al., Defendants. / On July 8, 2010, the court related the following seven bankruptcy appeals to United States of America v. Frederick Scott Salyer, 2:10-cr-00061-LKK: (1) In re SK Foods, L.P., et al. v. Bradley D. Sharp, 2:10cv-01492; (2) (3) In re SK Foods, L.P., 2:10-cv-01493; In re SK Foods, L.P., et al. v. Bradley D. Sharp, 2:10cv-01496; //// 3 CIV. NO. S-10-1500 LKK CIV. NO. S-10-1499 LKK

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(4)

In re SK Foods, L.P., et al. v. Bradley D. Sharp, 2:10cv-01497;

(5)

In re SK Foods, L.P., et al. v. Bradley D. Sharp, 2:10cv-01498;

(6)

In re SK Foods, L.P., et al. v. Bradley D. Sharp, 2:10cv-01499; and

(7)

In re SK Foods, L.P., et al. v. Bradley D. Sharp, 2:10cv-01500.

These cases were related because Frederick Scott Salyer ("Salyer"), defendant in the above captioned criminal action, had moved for a stay in the above captioned bankruptcy actions on the grounds that, inter alia, the criminal proceedings encompasses or overlaps the subject matter of the bankruptcy actions. Salyer's motions were denied by the bankruptcy court. According to the briefing schedule set in the bankruptcy appeals, Salyer's opening briefs are due on August 5, 2010; the bankruptcy trustee's opening briefs are due on August 19, 2010; and Salyer's reply briefs may be submitted as late as September 2, 2010. Only after such briefing is completed may Salyer inform the court that the appeals are ready for oral argument. On June 17, 2010, Salyer filed a motion in the criminal action seeking this court to enjoin and stay discovery in all pending bankruptcy adversary proceedings. This court set the motion to be heard at 9:15 a.m. on August 3, 2010. On July 6, 2010, the bankruptcy trustee filed an opposition to Salyer's motion. Salyer's reply was submitted on July 16, 2010. 4

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It appears to the court that all issues to be raised in the above captioned bankruptcy appeals may be resolved during the August 3, 2010 hearing. Accordingly, the court shall dispose of the bankruptcy appeals along with the criminal motion absent objection by any interested parties. Any objections shall be filed in writing on or before 12:00 p.m. on Monday, August 2, 2010. Objecting parties must also appear at the hearing August 3, 2010 hearing. IT IS SO ORDERED. DATED: July 27, 2010.

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