NOTICE OF SETTLEMENT AND STIPULATION AND ORDER CONTINUING DEADLINES
COURT LANGUAGE ADDED TO ORDER
LAWRENCE J. O'NEILL, District Judge.
TO THE COURT, ALL PARTIES, AND/OR THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE THAT Plaintiffs Allied World National Assurance Company ("Allied World") and Allied World Assurance Company (U.S.) Inc. ("AWAC") (collectively "Plaintiffs") have reached a settlement in principle with all remaining defendants in the above-captioned action, with the exception of the defendants against whom the Clerk has already entered default.1 Accordingly, as set forth below, the parties stipulate and respectfully request that the Court enter an Order continuing certain upcoming deadlines to allow time to complete the settlement and dismissal of this action.
WHEREAS, the Plaintiffs have reached separate agreements with two groups of defendants. First, Plaintiffs have reached a settlement in principle with the Chapter 11 Trustee for SK Foods, L.P. and RHM Industrial/Specialty (collectively the "Debtors"). Second, the Plaintiffs have reached a settlement in principle with the following parties, who are referred to collectively as the "Salyer Parties":
1) Frederick Scott Salyer, individually and as trustee for the Scott Salyer Revocable Trust,
2) Robert Pruett, Trustee for the Caroline Gazelle Salyer 1999 Irrevocable Trust and the Caroline Gazelle Salyer 2007 Irrevocable Trust (sued as The Caroline Gazelle Salyer Irrevocable Trust), the Stefanie Ann Salyer 1999 Irrevocable Trust and the Stefanie Ann Salyer 2007 Irrevocable Trust (sued as The Stefanie Ann Salyer Irrevocable Trust),
3) SK PM Corp., aka "S.K. Foods PM Corp.,"
4) Blackstone Ranch, aka "Blackstone Ranch Calif `S' Corp,"
5) SS Farms, LLC,
6) SARS, LLC,
7) CSSS LP, d/b/a Central Valley Shippers,
8) SK Foods LLC,
9) S.K. Foods PM Corp.,
10) SKF Aviation, LLC,
11) SSC Farming LLC,
12) SSC Farms I, LLC,
13) SSC Farms II, LLC,
14) SSC Farms III, LLC,
15) SK Farm Services, LLC,
16) SK Frozen Foods, LLC,
17) Carmel Wine Merchants LLC, and
18) Salyer American Cooling;
WHEREAS, the parties are in the process of preparing formal settlement documentation. The parties anticipate that the settlements will be finalized within the next two weeks;
WHEREAS, upon finalization of Plaintiffs' settlement with the Salyer Parties, Plaintiffs and the Salyer Parties shall file a dismissal of the present action as to the Salyer Parties;
WHEREAS, Plaintiffs' settlement with the Chapter 11 Trustee will be contingent on the issuance of orders from the Bankruptcy Court approving the settlement agreement in the Debtors' consolidated bankruptcy proceedings, captioned In re SK Foods, L.P., No. 09-29162-D-11 (Bankr. E.D. Cal.), and In re RHM Industrial/Specialty Foods, Inc., No. 09-29161-D-11 (Bankr. E.D. Cal.) (collectively the "Bankruptcy Proceedings").
WHEREAS, as soon as Plaintiffs' settlement with the Chapter 11 Trustee is finalized, the Chapter 11 Trustee shall file a motion to approve the settlement in the Bankruptcy Proceedings pursuant to Rule 9019 of the Federal Rules of Bankruptcy Procedure ("Motion to Approve Compromise"). Subject to the Bankruptcy Court's calendar, the Parties anticipate that the Motion to Approve Compromise will be heard on January 16, 2012.
WHEREAS, as soon as possible after the Bankruptcy Courts' approval of the settlement with the Chapter 11 Trustee, Plaintiffs and the Chapter 11 Trustee shall file a dismissal of this action as to the Chapter 11 Trustee.
WHEREAS, in light of the anticipated settlement of the present action, which is contingent on a Bankruptcy Court order approving the Plaintiffs' settlement with the Chapter 11 Trustee, the parties believe that good cause exists to modify certain upcoming deadlines in this action, as described below;
NOW THEREFORE, the parties, through counsel, hereby STIPULATE and REQUEST that the Court enter an Order that:
1. That the deadline for the Chapter 11 Trustee to respond to the First Amended Complaint is extended until 14 days after the Bankruptcy Court rules on the Motion to Approve Compromise, and all rights to appeal have elapsed;
2. That the deadline for Plaintiffs and the Chapter 11 Trustee to exchange initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1) is extended until 14 days after the Bankruptcy Court rules on the Motion to Approve Compromise, and all rights to appeal have elapsed;
3. That the deadline for the Salyer Parties to respond to the First Amended Complaint is extended until February 1, 2013;
4. That the deadline for Plaintiffs and the Salyer Parties to exchange initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1) is extended to February 1, 2013;
5. That the Mid-Discovery Status Conference currently set for January 11, 2013, at 9:15 a.m., is continued until further Order of the Court; and
6. That the Settlement Conference currently set for January 17, 2013, at 1:30 p.m., is continued until further Order of the Court.
ORDER
Pursuant to the foregoing, this Court hereby Orders:
1. That the deadline for the Chapter 11 Trustee to respond to the First Amended
Complaint is extended until 14 days after the Bankruptcy Court rules on the Motion to Approve Compromise, and all rights to appeal have elapsed;
2. That the deadline for Plaintiffs and the Chapter 11 Trustee to exchange initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1) is extended until 14 days after the Bankruptcy Court rules on the Motion to Approve Compromise, and all rights to appeal have elapsed;
3. That the deadline for the Salyer Parties to respond to the First Amended Complaint is extended until February 1, 2013;
4. That the deadline for Plaintiffs and the Salyer Parties to exchange initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1) is extended to February 1, 2013;
5. That the Mid-Discovery Status Conference currently set for January 11, 2013, at 9:15 a.m., is continued until further Order of the Court; and
6. That the Settlement Conference currently set for January 17, 2013, at 1:30 p.m., is continued until further Order of the Court.
This Court FURTHER ORDERS the parties to diligently complete settlement and to file status reports every 45 days, starting January 30, 2013, to address the completion of settlement.
IT IS SO ORDERED.
