Andrew Smith Company v. Paul's Pak Inc., et al

Filing 345

STIPULATION AND ORDER 344 to Stay Action and Continue Trial Due to Bankruptcy Filings of Salvador Paul Tarantino and Premium Fresh Farms. Case Management Conference set for 1/28/2011 10:30 AM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 12/1/10. (jg, COURT STAFF) (Filed on 12/1/2010)

Andrew Smith Company v. Paul's Pak Inc., et al

Doc. 345

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Jan L. Kahn, SBN 055788 Ann M. Grottveit, SBN 256349 KAHN, SOARES & CONWAY, LLP 219 No. Douty Street Hanford, CA 93230 Telephone: [phone] Facsimile: [phone] e-mail: [e-mail] [e-mail] Attorneys for Plaintiff and Counterdefendant, ANDREW SMITH COMPANY

*E-FILED - 12/1/10*

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ANDREW SMITH COMPANY, a general partnership ) ) ) Plaintiff, ) ) vs. ) ) PAUL'S PAK, INC.; PREMIUM FRESH ) FARMS, LLC; PDP & ASSOCIATES, LLC; et al.,) ) Defendants. ) ) ) AND RELATED COUNTERCLAIMS. ) ) ) Case No. 5:08-CV-04802-RMW STIPULATION TO STAY ACTION AND CONTINUE TRIAL DUE TO BANKRUPTCY FILINGS OF SALVADOR PAUL TARANTINO AND PREMIUM FRESH FARMS, LLC AND ORDER

TO THE COURT AND ALL PARTIES AND THEIR ATTORNEYS OF RECORD: IT IS HEREBY STIPULATED by and between Plaintiff, ANDREW SMITH COMPANY ("Plaintiff" or "Andrew Smith") and Defendants, PAUL'S PAK, INC. ("Paul's Pak"), SALVADOR PAUL TARANTINO ("Sal Tarantino"), PREMIUM FRESH FARMS, LLC ("Premium Fresh"); AG HARVESTING & TECHNOLOGIES, LLC ("Ag Harvesting"); ESV INVESTMENTS, LLC ("ESV"); EMMITT L. PFOST ("Pfost"); JOHN D. TAMAGNI ("Tamagni"); ROBERT ELLIOTT
Stipulation to Stay Action, Etc and [] Order 1 Case No. 5:08-CV-04802-RMW
Dockets.Justia.com

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("Elliott"); JAMES S. TAMAGNI; RICHARD TAMAGNI; STEVE CHURCH; THOMAS CHURCH; DAVID GILL; CHURCH BROTHERS, LLC ("Church Brothers"); and TRUE LEAF FARMS, LLC ("True Leaf") (collectively "Defendants"), and their counsel of record that the above captioned action be continued and in support thereof state as follows: 1. On November 18, 2010, the Defendant Sal Tarantino filed for bankruptcy protection in the Bankruptcy Court for the Northern District of California, Case # 10-14430 triggering an automatic stay as to that Defendant and any assets of the Defendant's bankruptcy estate. The filing of this bankruptcy, however, was not discovered by counsel and the other parties until Monday, November 29, 2010; 2. That the Statement of Financial Affairs, filed by Sal Tarantino along with his bankruptcy petition, list Paul's Pak Inc., as an asset and Sal Tarantino as the sole owner and shareholder of Paul's Pak, Inc.; 3. On November 22, 2010, the Defendant Premium Fresh Farms, LLC filed for bankruptcy protection in the Bankruptcy Court for the Northern District of California, Case # 10-62036, triggering an automatic stay as to that Defendant and any assets of the Defendant's bankruptcy estate. Notice of said filing was given to all counsel and filed with the Court on this date; 4. That the Bankruptcy filings of Premium Fresh list certain account receivables as the only asset of the Premium Bankruptcy estate; 5. That Paul's Pak has filed a motion for ex parte relief from the stay in the Premium Fresh bankruptcy, which motion has been opposed by Premium Fresh and the bankruptcy trustee. Said motion remains under consideration; 6. That the parties have met and conferred and agree that resolution of these bankruptcy matters by way of relief from the stay or agreements with the respective bankruptcy
Stipulation to Stay Action, Etc and [] Order 2 Case No. 5:08-CV-04802-RMW

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trustees must occur in order to move forward with the remaining parties and ensure compliance with the automatic stay provisions of 11 U.S.C. §362(a); Based on the foregoing, the parties stipulate that the action is stayed, that the trial now set to begin December 2, 2010, in this Court be taken off calendar and continued to a date uncertain and to be reset at a status conference to be held on January 28, 2011, at 10:30 a.m. at which time the parties will advise the Court of the status of the above mentioned bankruptcy matters. SO STIPULATED: Dated: December 1, 2010 KAHN, SOARES & CONWAY, LLP By: _____________/S/___________________ Jan L. Kahn Ann M. Grottveit Attorneys for Plaintiff and Counterdefendant ANDREW SMITH COMPANY

Dated: December 1, 2010

SMITHERS LAW FIRM By: _______________/S/_____________________ Edward W. Smithers And Stephen McCarron

Stipulation to Stay Action, Etc and [] Order

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Case No. 5:08-CV-04802-RMW

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Stipulation to Stay Action, Etc and [] Order 4

MCCARRON & DIESS 4900 Massachusetts Avenue, NW Washington, DC 20016 Attorneys for Defendants, CHURCH BROTHERS, LLC, TRUE LEAF FARMS, LLC, THOMAS CHURCH, STEVE CHURCH and DAVID GILL Dated: December 1, 2010 LAW OFFICES OF CLYDE PEARCE

By: ____________/S/_______________________ Clyde Pearce Attorneys for Defendants, AG HARVESTING & TECHNOLOGIES, LLC, JOHN D. TAMAGNI, ROBERT ELLIOTT, JAMES TAMAGNI, RICHARD TAMAGNI, PREMIUM FRESH FARMS, LLC and ESV INVESTMENTS ORDER Pursuant to stipulation between the parties, and good cause appearing therefore, IT IS HEREBY ORDERED, that this action is stayed, that the trial in this matter shall not go forward on December 2, 2010, and that the parties shall report to the Court on January 28, 2011, at 10:30 a.m. for further status conference to apprise the Court of the status of the bankruptcy filings and for further trial setting. DATED: December 1, 2010 ______________________________________ HONORABLE RONALD M. WHYTE JUDGE OF THE UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF CALIFORNIA

Case No. 5:08-CV-04802-RMW