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In re Zacky Farms, Llc

United States District Court, Ninth Circuit

May 22, 2013

In re ZACKY FARMS, LLC, Debtor, RICHARD ZACKY, ET AL., Appellants. Bankruptcy Court Case No. 12-37961

Joseph M. Marchini #082427, Carl R. Refuerzo #106253, Peter G. Fashing #195756, BAKER MANOCK & JENSEN, PC, Fresno, California, Attorneys for Richard Zacky, individually and in his capacity as trustee of the Richard N. Zacky Irrevocable Trust dated 11/25/07, the Survivor's Trust of Albert and Beverly Zacky Trust Dated, 2/10/88, and the Barbara Jean Zacky Irrevocable Trust Dated, 12/30/06, and ZF Enterprises, LLC.

Mark Gorton #99312, BOUTIN JONES, INC., Sacramento, CA, Attorneys for Creditor Integrated Grain & Milling, Inc.

Thomas H. Armstrong #146016, THE LAW OFFICES OF THOMAS H. ARMSTRONG, Fresno, CA, Attorneys for Big Feather Ranch, LLC, Lucky Wishbone Ranch, LLC and American Huntsman, LLC.

FELDERSTEIN FITZGERALD WILLOUGHBY & PASCUZZI, LLP, Thomas A. Willoughby, Attorneys for Zacky Farms, LLC

LOWENSTEIN SANDLER LLP Wojciech F. Jung, Attorneys for Co-Counsel to the Official Committee of Unsecured Creditors.

STIPULATION TO ENLARGE TIME TO FILE APPELLANTS' OPENING BRIEF; ORDER

JOHN A. MENDEZ, District Judge.

This Stipulation to Enlarge Time to File Appellants' Opening Brief ("Stipulation") is entered into by and between appellants Richard Zacky (individually and in his capacity as trustee of the Richard N. Zacky Irrevocable Trust dated 11/25/07, the Survivor's Trust of Albert and Beverly Zacky Trust Dated 2/10/88, and the Barbara Jean Zacky Irrevocable Trust Dated 12/30/06), ZF Enterprises, LLC, Integrated Grain & Milling, Inc., American Huntsman, LLC, Big Feather Ranch, LLC, and Lucky Wishbone Ranch, LLC (collectively, "Appellants"), the Official Committee of Unsecured Creditors ("Creditors' Committee"), and Zacky Farms, LLC ("Debtor"), by and through their respective attorneys of record.

RECITALS

A. On May 9, 2013, the Clerk of Court for the United States District Court, Eastern District of California ("District Court") filed its Briefing Schedule in Bankruptcy Appeal ("Briefing Schedule"). According to the Briefing Schedule and, as provided by Federal Rule of Bankruptcy Procedure 8009, Appellants' opening brief and excerpts of record must be filed with the District Court within fourteen (14) days of May 9, 2013. Accordingly, the Appellants' opening brief and excerpts of record are due on or before May 23, 2013.

B. Appellants, the Creditors' Committee and the Debtor (collectively, "Parties") have reached a tentative settlement of this matter.

C. Appellants believe that a final settlement will be forthcoming at which time a suitable, written settlement agreement among the Parties will be finalized, and the Parties will seek U.S. Bankruptcy Court approval of the settlement. Upon approval by the U.S. Bankruptcy Court, Appellants will dismiss the appeal.

D. In order to avoid unnecessary expense and effort on the part of the Parties in prosecuting and defending the appeal, and the unnecessary expenditure of judicial resources in hearing and deciding the Appeal in the event a final settlement is approved by the U.S. Bankruptcy Court, the Parties desire to enlarge the time within which Appellants may file their opening brief. Accordingly, the Parties have entered into this Stipulation.

E. The Committee is willing to stipulate to Appellants' request for an enlargement of time within which to file Appellant's opening brief but the Committee does not ...


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