Blackstone Ranch Corporation et al v. Sharp et al

Filing 15

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 12/18/13: No later than December 31, 2013 Appellants shall either file their designation of record, statement of issues on appeal and a notice regarding the ordering of transcripts with the bankruptcy court, or a request for dismissal of the above-captioned appeal. (Kaminski, H)

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Gregory C. Nuti (CSBN 151754)
[e-mail]
Kevin W. Coleman (CSBN 168538)
[e-mail]
Todd Holvick (CSBN 257784)
[e-mail]
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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Attorneys for Plaintiff
8 Bradley D. Sharp, Chapter 11 Trustee
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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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SACRAMENTO DIVISION
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No. 13-CV-02203-WBS
In re
Chapter 11 BK Case no. 09-29162

SK Foods, LP, a California Limited
15 Partnership, et al.
Adv. Proc. No. 10-02014

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Debtors.

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18 Blackstone Ranch Corporation, et al.,
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Appellants,

STIPULATION AND ORDER
EXTENDING TIME TO FILE
DESIGNATION OF RECORD,
STATEMENT OF ISSUES AND NOTICE
REGARDING TRANSCRIPT ORDER

vs.

21 BRADLEY D. SHARP, Chapter 11 Trustee, et
al.,
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Appellees.
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Place: Department 5
501 I Street, 6th Floor
Sacramento, CA 95814
Judge: Hon. William B. Shubb

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PHDATA 4775640_1

STIPULATION AND ORDER EXTENDING TIME TO FILE DESIGNATION OF RECORD, STATEMENT OF
ISSUES AND NOTICE REGARDING TRANSCRIPT ORDER

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Appellee Bradley D. Sharp (“Appellee”), the duly appointed and acting Chapter 11
Trustee in the case of SK Foods, L.P. and RHM Industrial Specialty Foods, Inc. d/b/a Colusa
County Canning Co., on the one hand, and Appellant SK PM Corp., SK Foods, LLC, SKF
Canning, LLC, Blackstone Ranch Corporation, Salyer Management Corporation, LLC, Monterey
Peninsula Farming LLC, SK Farms Services, LLC, SSC Farming, LLC, SSC Farms I, LLC, SSC
Farms II, LLC, and SSC Farms III, LLC, SS Farms, LLC (the “Appellants”) on the other
(collectively, the “Parties”), hereby stipulate and agree as follows:

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RECITALS

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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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A.

Bankruptcy Court’s Judgment of Substantive Consolidation, entered on October 4, 2013, and
Statement of Election to have their appeal heard by the District Court.

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On October 18, 2013, the Appellants filed their Notice of Appeal from the

B.

On October 22, 2013, the United States District Court for the Eastern District of

California issued its Opening Letter notifying the Appellants of their obligation to file their
designation of record, statement of issues on appeal and a notice regarding the ordering of
transcripts with the bankruptcy court within fourteen (14) days of their filing of the Notice of
Appeal, as required by Federal Rule of Bankruptcy Procedure (“FRBP”) 8006.

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C.

The Appellants are currently in default of their obligations under FRBP 8006.

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STIPULATION
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NOW, THEREFORE, in consideration of the foregoing, the Parties hereby agree as
follows:

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1.

The Parties stipulate, subject to court approval, that by no later than December 31,

2013 Appellants shall either file (1) their designation of record, statement of issues on appeal and
a notice regarding the ordering of transcripts with the bankruptcy court, or (2) a request for
dismissal of the above-captioned appeal.
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PHDATA 4775640_1

STIPULATION AND ORDER EXTENDING TIME TO FILE DESIGNATION OF RECORD, STATEMENT OF
ISSUES AND NOTICE REGARDING TRANSCRIPT ORDER

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2.

In event the Appellants fail to comply with Paragraph 1 above, the Appellee is

authorized to submit an ex parte request and order dismissing the above-captioned appeal.

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IT IS SO STIPULATED.

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6 Dated: December 18, 2013

SCHNADER HARRISON SEGAL & LEWIS LLP

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/s/ Todd B. Holvick
Todd B. Holvick
Attorneys for Bradley D. Sharp, Chapter 11
Trustee for Plaintiff SK Foods, L.P.

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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

11 Dated: December 18, 2013
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LAW OFFICE OF KIMBERLY A. WRIGHT
_/s/ Kimberly A. Wright___________________ _
Kimberly A. Wright
Attorneys for Defendants Scott Salyer, Neal
Alexander, SSRT Holding Pty Limited, SSC&L
2007 Pty Limited, Scott Salyer Revocable Trust and
the SSC&L 2007 Trust

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IT IS SO ORDERED.

18 Dated: December 18, 2013
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PHDATA 4775640_1

STIPULATION AND ORDER EXTENDING TIME TO FILE DESIGNATION OF RECORD, STATEMENT OF
ISSUES AND NOTICE REGARDING TRANSCRIPT ORDER