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In re Zacky Farms, LLC

United States District Court, Ninth Circuit

October 23, 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, 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 the Official Committee of Unsecured Creditors

FURTHER STIPULATION TO ENLARGE TIME TO FILE APPELLANTS' OPENING BRIEF PENDING BANKRUPTCY COURT APPROVAL OF SETTLEMENT; ORDER

JOHN A. MENDEZ, District Judge.

This Further Stipulation to Enlarge Time to File Appellants' Opening Brief Pending Bankruptcy Court Approval of Settlement ("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"). 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. On August 27, 2013, the parties timely filed a Further Stipulation to Enlarge Time to File Appellants' Opening Brief ("Fourth Stipulation"). The Fourth Stipulation sought a further thirty (30) day enlargement of time for Appellants to file their opening brief. On August 28, 2013, the Court granted the Fourth Stipulation and ordered that Appellants' opening brief be filed by September 27, 2013.

E. On September 25, 2013, the parties timely filed a Further Stipulation to Enlarge Time to File Appellants' Opening Brief ("Fifth Stipulation"). The Fifth Stipulation sought a further thirty (30) day enlargement of time for Appellants to file their opening brief. On September 26, 2013, the Court granted the Fifth Stipulation and ordered that Appellants' opening brief be filed by October 28, 2013.

F. As previously reported to the Court, Appellants, the Creditors' Committee and the Debtor (collectively, "Parties") had reached a tentative settlement of this matter and were in the process of negotiating terms for a written settlement agreement. On or about September 27, 2013, the Parties executed a written settlement agreement ("Settlement"). On September 30, 2013, the Creditor's Committee and Debtor jointly filed in U.S. ...


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