In Re: SK Foods, L.P

Filing 19

STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 1/19/2012 ORDERING that the deadline for appellants to file their opening brief and excerpts of record in the appeal is extended to 2/2/12. The deadlines for all other briefing regarding the appeal shall be determined under the Local Rules and Bankruptcy Rules. (Donati, J)

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DEAN M. GLOSTER, State Bar No. 109313
MARK D. PETERSEN, State Bar No. 111956
KELLY A. WOODRUFF, State Bar No. 160235
BENJAMIN C. GEIGER, State Bar No. 245614
FARELLA BRAUN + MARTEL LLP
235 Montgomery Street, 17th Floor
San Francisco, California 94104
Telephone: [phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Counsel for Appellants Scott Salyer, individually and as
trustee of the Scott Salyer Revocable Trust, SK PM
Corp., SK Foods, LLC, SKF Canning, LLC, Blackstone
Ranch Corporation, SKF Aviation, LLC, Monterey
Peninsula Farms, 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

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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In re:

District Court Case No. 11-02987-LKK

SK Foods, L.P., a California limited
partnership, et al.

Bankruptcy Court Case No. 09-29162-D-11

Debtors.

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STIPULATION AND ORDER EXTENDING
DEADLINES REGARDING BANKRUPTCY
APPEAL

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Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

STIPULATION AND ORDER EXTENDING DEADLINES
REGARDING BANKRUPTCY APPEAL

27019\2924937.1

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STIPULATION
Appellants Scott Salyer, individually and as trustee of the Scott Salyer Revocable Trust,

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SK PM Corp., SK Foods, LLC, SKF Canning, LLC, Blackstone Ranch Corporation, SKF

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Aviation, LLC, Monterey Peninsula Farms, Salyer Management Company, LLC, SK Farms

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Services, LLC, SK Frozen Foods, LLC, SS Farms, LLC, SSC Farming, LLC, SSC Farms I, LLC,

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SSC Farms II, LLC, SSC Farms III, LLC, SKF Aviation, LLC and CSSS LP (collectively

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“Appellants”), on the one hand, and Bradley D. Sharp (“Appellee”), the duly appointed and

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acting chapter 11 trustee of substantively consolidated debtors SK Foods, L.P., a California

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limited partnership, and RHM Industrial/Specialty Foods, Inc., a California corporation, on the

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other hand, by and through their respective counsel, hereby stipulate and agree as follows:
1.

On December 22, 2011, the Clerk of the United States Bankruptcy Court for the

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Eastern District of California certified to the Court that the record in the above-captioned

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bankruptcy appeal (the “Appeal”) was complete.

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2.

On the same day, the Clerk of the Court set the following briefing schedule:

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Appellants’ opening brief and excerpts of record due January 5, 2012; Appellee’s opening brief

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due within fourteen (14) days after service of Appellants’ brief, and Appellants’ reply due within

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fourteen (14) days after service of Appellee’s brief. Dkt. No. 9-1, Dec. 16, 2011.

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3.

On January 2, 2012, Appellants filed an unopposed ex parte application to extend

the briefing schedule by 14 days.
4.

On January 5, 2012, the Court granted the application and ordered Appellants’

opening brief to be filed by January 19, 2012.
5.

Due to the press of business, Appellants’ counsel is unable to complete the

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opening brief on Appeal by January 19, 2012. Accordingly, Appellants’ counsel requested that

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Appellee stipulate to extend the briefing schedule an additional two weeks, making Appellants’

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opening brief due February 2, 2012. Appellee’s counsel agreed.

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6.

Accordingly, the Parties respectfully request that the Court enter an order

extending the briefing deadline to February 2, 2012 and instructing that all other briefing

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Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

STIPULATION AND ORDER EXTENDING DEADLINES
REGARDING BANKRUPTCY APPEAL

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27019\2924937.1

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thereafter regarding the Appeal be conducted in accordance with the Local Rules and the

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Bankruptcy Rules.

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IT IS SO STIPULATED.
Dated: January 16, 2011

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FARELLA BRAUN + MARTEL LLP

SCHNADER HARRISON SEGAL &
LEWIS LLP

By:

By: /s/ Gregory C. Nuti
Gregory C. Nuti

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/s/ Kelly A. Woodruff
Kelly A. Woodruff

Attorneys for Appellants

Attorneys for Appellee

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ORDER

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Pursuant to the foregoing stipulation, and good cause appearing therefore, IT IS
ORDERED AS FOLLOWS:
1.

February 2, 2012 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.

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Dated: January 19, 2012.

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Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

STIPULATION AND ORDER EXTENDING DEADLINES
REGARDING BANKRUPTCY APPEAL

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27019\2924937.1