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In re SK Foods, LP

United States District Court, Ninth Circuit

December 18, 2013

In re SK Foods, LP, a California Limited Partnership, et al.
v.
BRADLEY D. SHARP, Chapter 11 Trustee, et al., Appellees. Chapter 11 BK Debtors. Blackstone Ranch Corporation, et al., Appellants, No. 09-29162 Adv. Proc. No. 10-02014

Gregory C. Nuti (CSBN 151754) Kevin W. Coleman (CSBN 168538) Todd Holvick (CSBN 257784) SCHNADER HARRISON SEGAL & LEWIS LLP, San Francisco, California, Attorneys for Plaintiff Bradley D. Sharp, Chapter 11 Trustee

LAW OFFICE OF KIMBERLY A. WRIGHT Kimberly A. Wright Attorneys for Defendants Scott Salyer, Neal Alexander, SSRT Holding Pty Limited, SSC&L 2007 Pty Limited, Scott Salyer Revocable Trust and the SSC&L 2007 Trust

STIPULATION AND ORDER EXTENDING TIME TO FILE DESIGNATION OF RECORD, STATEMENT OF ISSUES AND NOTICE REGARDING TRANSCRIPT ORDER

WILLIAM B. SHUBB, District Judge.

Appellee Bradley D. Sharp ("Appellee"), the duly appointed and acting Chapter 11 Trustee in the case of SK Foods, L.P. and RHM Industrial Specialty Foods, Inc. d/b/a Colusa County Canning Co., on the one hand, and Appellant SK PM Corp., SK Foods, LLC, SKF Canning, LLC, Blackstone Ranch Corporation, Salyer Management Corporation, LLC, Monterey Peninsula Farming LLC, SK Farms Services, LLC, SSC Farming, LLC, SSC Farms I, LLC, SSC Farms II, LLC, and SSC Farms III, LLC, SS Farms, LLC (the "Appellants") on the other (collectively, the "Parties"), hereby stipulate and agree as follows:

RECITALS

A. On October 18, 2013, the Appellants filed their Notice of Appeal from the Bankruptcy Court's Judgment of Substantive Consolidation, entered on October 4, 2013, and Statement of Election to have their appeal heard by the District Court.

B. On October 22, 2013, the United States District Court for the Eastern District of California issued its Opening Letter notifying the Appellants of their obligation to file their designation of record, statement of issues on appeal and a notice regarding the ordering of transcripts with the bankruptcy court within fourteen (14) days of their filing of the Notice of Appeal, as required by Federal Rule of Bankruptcy Procedure ("FRBP") 8006.

C. The Appellants are currently in default of their obligations under FRBP 8006.

STIPULATION

NOW, THEREFORE, in consideration of the foregoing, the Parties hereby agree as follows:

1. The Parties stipulate, subject to court approval, that by no later than December 31, 2013 Appellants shall either file (1) their designation of record, statement of issues on appeal and a notice regarding the ordering of transcripts with the bankruptcy court, or (2) a request for dismissal of the above-captioned appeal.

2. In event the Appellants fail to comply with Paragraph 1 above, the Appellee is authorized to submit an ex parte request and order dismissing the above-captioned appeal.

IT IS SO STIPULATED.

IT IS SO ORDERED.


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