In Re SK Foods, LP

Filing 10

STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 03/11/11 ORDERING that April 7, 2011 shall be the deadline for Appellants to file their opening brief and excerpts of record in the Appeal. The deadlines of all other briefing regarding the Appeal shall be determined under the Local Rules and the Bankruptcy Rules.(Williams, D)

(BK)In Re SK Foods, LP

Doc. 10

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STEVEN H. FELDERSTEIN, State Bar No. 056978 PAUL J. PASCUZZI, State Bar No. 148810 TANIA M. MOYRON, State Bar No. 235736 FELDERSTEIN FITZGERALD WILLOUGHBY & PASCUZZI LLP 400 Capitol Mall, Suite 1450 Sacramento, CA 95814: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] MALCOLM S. SEGAL, State Bar No. 075481 SEGAL & KIRBY 770 L Street, Suite 1440 Sacramento, California 95814 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Scott Salyer, individually and as Trustee of the Scott Salyer Revocable Trust, and the Scott Salyer Revocable Trust Please see continuation page for a complete list of the moving parties and their respective counsel.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA In re: SK FOODS, L.P., Debtor. SCOTT SALYER, ET AL., Appellants, Bankruptcy Court Case Number NO. 09-29162-D-11 STIPULATION AND ORDER EXTENDING DEADLINES REGARDING BANKRUPTCY APPEAL District Court Case Number CIV. 2:10-CV-03467-LKK

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v. SK FOODS, L.P., Appellee.

STIPULATION AND ORDER EXTENDING DEADLINES REGARDING BANKRUPTCY APPEAL

Dockets.Justia.com

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CONTINUATION SHEET: PARTIES AND THEIR RESPECTIVE COUNSEL STEVEN H. FELDERSTEIN, State Bar No. 056978 PAUL J. PASCUZZI, State Bar No. 148810 TANIA M. MOYRON, State Bar No. 235736 FELDERSTEIN FITZGERALD WILLOUGHBY & PASCUZZI LLP 400 Capitol Mall, Suite 1450 Sacramento, California 95814 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] ANDREA M. MILLER, State Bar No. 88992 JAMES C. KEOWEN, State Bar No. 173546 NAGELEY MEREDITH & MILLER, INC. 8001 Folsom Boulevard, Suite 100 Sacramento, California 95826 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail]

Counsel for SK PM Corp., SK Foods, LLC, SKF Canning, LLC, Blackstone Ranch Corporation, Monterey Peninsula Farms, LLC, Salyer Management Company, LLC, SK Farms Counsel for Scott Salyer, individually and as Services, LLC, SK Frozen Foods, LLC, SS trustee of the Scott Salyer Revocable Trust, and Farms, LLC, SSC Farming, LLC, SSC Farms I, the Scott Salyer Revocable Trust LLC, SSC Farms II, LLC, SSC Farms III, LLC, SKF Aviation, LLC, and CSSS, LP d/b/a Central Valley Shippers

MALCOLM S. SEGAL, State Bar No. 075481 SEGAL & KIRBY 770 L Street, Suite 1440 Sacramento, California 95814 Telephone: [phone] Facsimile: [phone] [e-mail]

GREGORY C. NUTI, State Bar No. 151754 KEVIN W. COLEMAN, State Bar No. 168538 MICHAEL M. CARLSON, State Bar No. 88048 SCHNADER HARRISON SEGAL & LEWIS LLP One Montgomery Street, Suite 2200 San Francisco, California 94104-5501 Counsel for Scott Salyer, individually and as Telephone: [phone] trustee of the Scott Salyer Revocable Trust, and Facsimile: 415-364-6785 the Scott Salyer Revocable Trust [e-mail] [e-mail] [e-mail] Counsel for Bradley D. Sharp, Chapter 11 Trustee of SK Foods, L.P. and RHM Industrial/Specialty Foods, Inc.

STIPULATION AND ORDER EXTENDING DEADLINES REGARDING BANKRUPTCY APPEAL

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STIPULATION Scott Salyer, individually and as trustee of the Scott Salyer Revocable Trust; the Scott Salyer Revocable Trust; SK PM Corp.; SK Foods, LLC; SKF Canning, LLC; Blackstone Ranch Corporation; Monterey Peninsula Farms, LLC; Salyer Management Company, LLC; SK Farms Services, LLC; SK Frozen Foods, LLC; SS Farms, LLC; SSC Farming, LLC; SSC Farms I, LLC; SSC Farms II, LLC; SSC Farms III, LLC; SKF Aviation, LLC; and CSSS, LP d/b/a Central Valley Shippers (collectively, "Appellants"), on the one hand, and Bradley D. Sharp ("Appellee"), the duly appointed and acting chapter 11 trustee of substantively consolidated debtors SK Foods, L.P., a California limited partnership, and RHM Industrial/Specialty Foods, Inc., a California corporation, d/b/a Colusa County Canning Co., on the other hand, by and through their respective counsel, hereby stipulate and agree as follows: 1. On December 28, 2010, the Clerk of the United States Bankruptcy Court for the

Eastern District of California (the "Bankruptcy Court") filed a notice with the Court that the above-caption bankruptcy appeal (the "Appeal") had been transferred to the Court. 2. On or around January 14, 2011, Appellants and Appellee (together, the "Parties"),

agreed to participate in a mediation concerning the Appeal, among other things, with Judge Michael McManus (the "Mediation"). As the issues on Appeal were to be negotiated and potentially resolved as a result of the Mediation, the Parties further agreed to postpone the briefing of the Appeal until a date after the Mediation. 3. In connection with the Mediation, the Parties requested jointly by stipulation and

proposed order [Docket No. 7] (the "First Stipulated Order"), filed on February 1, 2011, that the Court establish a briefing schedule as agreed upon and proposed by the Parties. 4. On February 3, 2011, the Court entered the First Stipulated Order [Docket No. 8],

setting March 17, 2011 as the deadline for Appellants to file their opening brief and excerpts of record in the Appeal (the "Briefing Deadline"), and ordering that all other briefing thereafter regarding the Appeal be conducted in accordance with the Local Rules of Practice for the United States District Court, Eastern District of California (the "Local Rules") and the Federal Rules of Bankruptcy Procedure (the "Bankruptcy Rules"). -1STIPULATION AND ORDER EXTENDING DEADLINES REGARDING BANKRUPTCY APPEAL

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5.

On March 2-3, 2011, the Parties participated in the Mediation. Although the

Parties were not able to reach a settlement, the Parties agreed at the end of the two-day Mediation to continue settlement discussions for an additional two weeks. 6. In view of ongoing settlement discussions and the prospect that a settlement may

be achieved in the interim, the Parties hereby jointly request that the Court enter an order granting a three-week extension of the Briefing Deadline to facilitate the continuation of settlement discussions. The Parties believe such extension is appropriate and warranted under the

circumstances as it will assist the Parties' pursuit of a consensual resolution of the Appeal, as well as various other litigation pending before this Court and the Bankruptcy Court. 7. Accordingly, the Parties respectfully request that the Court enter an order

extending the Briefing Deadline to April 7, 2011 and instructing that all other briefing thereafter regarding the Appeal be conducted in accordance with the Local Rules and the Bankruptcy Rules. IT IS SO STIPULATED [Remainder of Page Intentionally Left Blank]

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STIPULATION AND ORDER EXTENDING DEADLINES REGARDING BANKRUPTCY APPEAL

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Dated: March 8, 2011

FELDERSTEIN FITZGERALD WILLOUGHBY & PASCUZZI LLP /s/ Paul J. Pascuzzi PAUL J. PASCUZZI Counsel for Scott Salyer, individually and as trustee of the Scott Salyer Revocable Trust, and the Scott Salyer Revocable Trust

NAGELEY MEREDITH & MILLER, INC. /s/ James C. Keowen JAMES C. KEOWEN Counsel for SK PM Corp., SK Foods, LLC, SKF Canning, LLC, Blackstone Ranch Corporation, Monterey Peninsula Farms, LLC, Salyer Management Company, LLC, SK Farms Services, LLC, SK Frozen Foods, LLC, SS Farms, LLC, SSC Farming, LLC, SSC Farms I, LLC, SSC Farms II, LLC, SSC Farms III, LLC, SKF Aviation, LLC, and CSSS, LP d/b/a Central Valley Shippers SCHNADER HARRISON SEGAL & LEWIS LLP /s/ Gregory C. Nuti GREGORY C. NUTI Counsel for Bradley D. Sharp, as Chapter 11 Trustee of SK Foods, L.P. and RHM Industrial/Specialty Foods, Inc.

SEGAL & KIRBY LLP /s/ Malcolm S. Segal MALCOLM S. SEGAL Counsel for Scott Salyer, individually and as trustee of the Scott Salyer Revocable Trust, and the Scott Salyer Revocable Trust

ORDER Pursuant to the foregoing stipulation, and good cause appearing therefor, IT IS ORDERED AS FOLLOWS: 1. April 7, 2011 shall be the deadline for Appellants to file their opening brief and

excerpts of record in the Appeal. 2. The deadlines of all other briefing regarding the Appeal shall be determined under

the Local Rules and the Bankruptcy Rules.

Dated: March 11, 2011.

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STIPULATION AND ORDER EXTENDING DEADLINES REGARDING BANKRUPTCY APPEAL