Almer v. Peanut Corporation of America

Filing 7

STIPULATION for Extension of Time to Answer or Otherwise Plead (Second) by King Nut Companites, Jeffrey Almer. (Attachments: # 1 Certificate of Service)(Hibbard, Kathryn)

UNITED STATES DISTRICT COURT STATE OF MINNESOTA ________________________________________________________________________ Jeffrey Almer as trustee for the heirs of Shirley Mae Almer, Plaintiff, vs. Peanut Corporation of America, a Virginia Business entity and King Nut Companies, an Ohio business entity, Defendants. ________________________________________________________________________ SECOND STIPULATION FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE PLEAD ________________________________________________________________________ WHEREAS, Plaintiff Jeffrey Almer as trustee for the heirs of Shirley Mae Almer, served a Complaint against Defendant Peanut Corporation of America ("Defendant PCA") and Defendant Kanan Enterprises, Inc., d/b/a King Nut Companies ("Defendant Kanan"), on or about January 27, 2009; WHEREAS, counsel for Plaintiffs agreed to grant Defendant PCA and Defendant Kanan an extension of time to answer or otherwise plead until March 10, 2009 [ECF Dkt. #2]; WHEREAS, on February 12, 2009, U.S. Magistrate Judge Susan Richard Nelson entered an order granting Defendant PCA and Defendant Kanan an extension of time to answer or otherwise plead until March 10, 2009 [ECF Dkt. #3]; Case No. 09-cv-00268 (MJD/JSM)

WHEREAS, on February 17, 2009, Defendant PCA filed a Notice of Filing Bankruptcy by Defendant Peanut Corporation of America [ECF Dkt. #4], to which it attached as Exhibit A a copy of its Voluntary Bankruptcy Petition [ECF Dkt. #4-2]. Within such Notice, Defendant PCA notified the Court and the parties that, "[a]s a result of the bankruptcy filing by [Defendant PCA], the claims of [Plaintiff] Jeffrey Almer as trustee for the heirs of Shirley Mae Almer are stayed as a matter of law under 11 U.S.C. § 362(A)." [ECF Dkt. #4]; WHEREAS, as a result of the stay of claims against Defendant PCA, Plaintiff Jeffrey Almer as trustee for the heirs of Shirley Mae Almer and Defendant Kanan agree that a further extension of the time in which Defendant Kanan must answer or otherwise plead is appropriate. IT IS HEREBY STIPULATED by Plaintiff Jeffrey Almer as trustee for the heirs of Shirley Mae Almer and Defendant Kanan, through their undersigned counsel, that the time within which Defendant Kanan shall answer or otherwise plead shall be extended to March 24, 2009. Dated: March 6, 2009 PRITZKER | OLSEN, P.A. By s/ Fred H. Pritzker Fred H. Pritzker, Reg. No. 88456 Plaza VII, Suite 2950 45 South Seventh Street Minneapolis, MN 55402-1652 [e-mail] [phone] Attorneys for Plaintiff 2

Dated: March 6, 2009

GREENE ESPEL, P.L.L.P. By s/ Kathryn N. Hibbard Sarah L. Brew, Reg. No. 209958 Kathryn N. Hibbard, Reg. No. 387155 200 S. Sixth Street, Suite 1200 Minneapolis, MN 55402 [e-mail] [e-mail] [phone] Attorneys for Defendant Kanan Enterprises, Inc., d/b/a King Nut Companies

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