Blackstone Ranch Corporation et al v. Sharp et al

Filing 21

ORDER signed by Senior Judge William B. Shubb on 1/15/14: Appellants' request to deem documents timely filed be, and the same hereby is, DENIED. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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----oo0oo----

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BLACKSTONE RANCH CORPORATION;
MONTEREY PENINSULA FARMS,
LLC; SK FOODS, LLC; SK PM
CORP.; SS FARMS LLC; SSC
FARMING, LLC; SSC FARMS I,
LLC; SSC FARMS II, LLC; SSC
FARMS, III, LLC,

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ORDER RE: REQUEST TO DEEM
DOCUMENTS TIMELY FILED

Appellants,

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NO. CIV. 2:13-2203 WBS

v.
BRADLEY D. SHARP; BANK OF
MONTREAL; SCOTT SALYER; SKF
CANNING, LLC; THE SCOTT
SALYER REVOCABLE TRUST;
SALYER MANAGEMENT COMPANY,
LLC; SK FARMS SERVICES, LLC;
SK FROZEN FOODS, LLC;
OFFICIAL COMMITTEE OF
UNSECURED CREDITORS,
Appellees.

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----oo0oo----

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On October 18, 2013, appellants initiated this

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bankruptcy appeal challenging the bankruptcy court’s decision to
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substantively consolidate appellants with the Chapter 11

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bankruptcy estate of SK Foods, L.P. and RHM Industrial/Specialty

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Foods, Inc.

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file a designation of record, statement of issues on appeal, and

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request for transcripts with the bankruptcy court, the parties

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stipulated to extend the time to file these documents until

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December 31, 2013.

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that, in the event appellants failed to file these documents by

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December 31, “the Appellee is authorized to submit an ex parte

(Docket No. 1.)

After appellants failed to timely

(Docket No. 15.)

That stipulation provided

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request and order dismissing the above-captioned appeal.”

(Id.)

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Pursuant to the stipulation, the court granted appellees’ ex

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parte application to dismiss the bankruptcy appeal on January 3,

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2013.

(Docket No. 17.)

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After the court granted appellees’ application,

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appellants urged the court to reconsider this decision, citing a

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sudden and unexpected death in the family of appellant’s counsel

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and the delay caused by the Christmas holidays.

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While the court is not unsympathetic to these personal

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circumstances, appellants have now failed to file these documents

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by the deadline on two separate occasions, including once after

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signing a stipulation that explicitly authorized dismissal of

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this bankruptcy appeal for failure to comply with the stated

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deadlines.

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court declines to find that appellants’ untimely filing of these

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documents constitutes excusable neglect, see Pioneer Inv. Servs.

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v. Brunswick Assocs., 507 U.S. 380, 395 (1993), and therefore

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declines to reconsider its previous Order dismissing this

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bankruptcy appeal or to deem appellants’ documents timely filed.

(Docket No. 18.)

In light of this pattern of missed deadlines, the

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IT IS THEREFORE ORDERED that appellants’ request to

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deem documents timely filed be, and the same hereby is, DENIED.

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Dated:

January 15, 2014

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