In Re: SK Foods, LP

Filing 31

ORDER signed by Judge Lawrence K. Karlton on 8/27/12 ORDERING 30 Motion to Dismiss is GRANTED, and this appeal is dismissed for lack of prosecution. Civil Case Terminated. CASE CLOSED. (Matson, R)

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Gregory C. Nuti (CSBN 151754)
[e-mail]
Kevin W. Coleman (CSBN 168538)
[e-mail]
Michael M. Carlson (CSBN 88048)
[e-mail]
SCHNADER HARRISON SEGAL & LEWIS LLP
One Montgomery Street, Suite 2200
San Francisco, California 94104-5501
Telephone: [phone]
Facsimile: 415-364-6785
Attorneys for Appellee Bradley D. Sharp,
Chapter 11 Trustee

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SCHNADER HARRISON SEGAL & LEWIS LLP
ONE MONTGOMERY STREET, SUITE 2200
SAN FRANCISCO, CALIFORNIA 94104-5501
TELEPHONE: [phone]
FACSIMILE: 415-364-6785

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IN RE:

District Court Case Number
2:12-CV-00894-LKK

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SK FOODS, L.P., a California Limited
13 Partnership,
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DEBTOR.
Adversary Proceeding Number
09-02692

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SSC FARMING, LLC,

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ORDER

Appellant,
Date:
Time:
Place:

vs.

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BRADLEY D. SHARP, CHAPTER 11
20 TRUSTEE
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Bankruptcy Court Case Number
09-29162

September 4, 2012
10:00 a.m.
501 I Street, Courtroom 4
Sacramento, CA
Judge: Hon. Lawrence K. Karlton

Appellee.

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MEMORANDUM OF POINTS AND AUTHORITIES ISO MOTION TO DISMISS
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The Trustee has moved to dismiss this appeal, and appellant has filed no opposition. The

2 court finds that appellant SSC Farming has violated Federal Rule of Bankruptcy Procedure 8009
3 along with this Court’s briefing order by failing to file its opening brief within the prescribed
4 time or request an extension. SSC Farming’s counsel has withdrawn and no new counsel has
5 entered an appearance. The court concludes that SSC Farming has abandoned its appeal. That
6 being the case, the Trustee’s motion to dismiss (Dkt. No. 30), is GRANTED, and this appeal is
7 hereby DISMISSED for lack of prosecution.
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IT IS SO ORDERED.

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DATED: August 27, 2012.

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SCHNADER HARRISON SEGAL & LEWIS LLP
ONE MONTGOMERY STREET, SUITE 2200
SAN FRANCISCO, CALIFORNIA 94104-5501
TELEPHONE: [phone]
FACSIMILE: 415-364-6785

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MEMORANDUM OF POINTS AND AUTHORITIES ISO MOTION TO DISMISS

PHDATA 3883965_1