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In re Zacky Farms, LLC

United States District Court, Ninth Circuit

August 27, 2013

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

BAKER MANOCK & JENSEN, PC Joseph M. Marchini, Carl R. Refuerzo, Peter G. Fashing, 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.

BOUTIN JONES, INC. Mark Gorton, Attorneys for Intergrated Grain & Milling, Inc.

THE LAW OFFICES OF THOMAS H. ARMSTRONG Thomas H. Armstrong, 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 the Official Committee of Unsecured Creditors.

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

JOHN A. MENDEZ, District Judge.

This Further 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), 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"). A previous Stipulation to Enlarge Time to File Appellants' Opening Brief was timely filed by the parties to this Stipulation on May 22, 2013. The Court granted the stipulation on May 23, 2013, and ordered that Appellants' opening brief be filed by July 8, 2013.

B. On July 2, 2013, the parties timely filed a Further Stipulation to Enlarge Time to File Appellants' Opening Brief ("Second Stipulation"). The Second Stipulation sought a further twenty-one (21) day enlargement of time for Appellants to file their opening brief. On July 3, 2013, the Court granted the Second Stipulation and ordered that Appellants' opening brief be filed by July 29, 2013.

C. On July 26, 2013, the parties timely filed a Further Stipulation to Enlarge Time to File Appellants' Opening Brief ("Third Stipulation"). The Third Stipulation sought a further thirty (30) day enlargement of time for Appellants to file their opening brief. On July 26, 2013, the Court granted the Third Stipulation and ordered that Appellants' opening brief be filed by August 28, 2013.

D. As previously reported to the Court, Appellants, the Creditors' Committee and the Debtor (collectively, "Parties") have reached a tentative settlement of this matter. Since the filing of the Second Stipulation, a change in management had occurred at Integrated Grain & Milling, Inc. ("IGM") and IGM's new management needed additional time to evaluate the tentative settlement. The Parties are still working toward final settlement and continue to 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.

E. The Parties desire to again further enlarge the time within which Appellants may file their opening brief. As with the prior enlargements, the requested enlargement will serve 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. Accordingly, the Parties have entered into this further Stipulation.

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


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