in re SK Foods, LP
Appellant: Scott Salyer and Fred Salyer Irrevocable Trust
Appellee: Bradley D. Sharp
Creditor: Official Committee of Unsecured Creditors
Trustee: Office of the US Trustee (Sac)
Case Number: 2:2010cv01497
Filed: June 16, 2010
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Garland E. Burrell
Nature of Suit: Appeal
Cause of Action: 28 U.S.C. ยง 1334
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
April 14, 2011 Opinion or Order Filing 73 ORDER signed by Senior Judge Lawrence K. Karlton on 4/13/11, ORDERING that the court acknowledges that its prior order was ambiguous as to the remedy it issued. Accordingly, the court clarifies the remedy in this order. The court is REMANDING the cas e to the Bankruptcy Court to decide, in the first instance, whether discovery from or testimony of Salyer or his criminal counsel is reasonably necessary to dispose of a particular matter before the Bankruptcy Court in the adversary proceedings. Appellants shall file their initial motions to stay before the Bankruptcy Court within 14 days of the issuance of this order. (Kastilahn, A)
January 27, 2011 Opinion or Order Filing 65 STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 01/26/11 ORDERING that the hearing on the 58 Motion for Re-Hearing is CONTINUED to 04/11/2011 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. The deadline for Appellants to file their opposition to the Motion for Rehearing shall be determined under the Local Rules. (Benson, A.)
January 21, 2011 Opinion or Order Filing 63 ORDER signed by Senior Judge Lawrence K. Karlton on 1/21/11 ORDERING that the Bankruptcy Trustees's MOTION for rehearing SHALL BE HEARD on 1/31/11 at 10:00 a.m. The Court recognizes that the change of attorneys may have caused counsel for the entities to fail to file a response to the Trustee's motion. If this is the case, Counsel for the entities MUST FILE a notice to the court indicating why they have not responded to the motion by 9:00 a.m. on Wednesday, 1/26/2011.(Mena-Sanchez, L)
January 20, 2011 Opinion or Order Filing 62 RELATED CASE ORDER signed by Senior Judge Lawrence K. Karlton on 1/19/11 ORDERING that the action denominated 2:10-CV-3467 MCE is reassigned to Judge Lawrence K. Karlton for all further proceedings. Henceforth the caption on all documents filed in the reassigned case shall be shown as No. 2:10-CV-3467-LKK. IT IS FURTHER ORDERED that the Clerk of the Court make appropriate adjustment in the assignment of cases to compensate for this reassignment. (Becknal, R)
January 14, 2011 Opinion or Order Filing 61 ORDER signed by Senior Judge Lawrence K. Karlton on 1/14/11 ORDERING that the Court denies the request for a continuance. The motion for rehearing shall be held at 10:00 a.m. on January 31, 2011. The court does, however, grant the entities a short extension of time to file a response to the motion for rehearing. The response shall be filed by 9:00 a.m. on January 19, 2011. Deadlines for filing reply memoranda remain unchanged. (Becknal, R)
December 10, 2010 Opinion or Order Filing 55 ORDER signed by Senior Judge Lawrence K. Karlton on 12/9/10, ORDERING that the court REVERSES the decision of the Bankruptcy Court denying Appellants' motion to stay. The Trustee's motion to dismiss is DENIED, and the Trustee's motion to strike is GRANTED. CASE CLOSED (Kastilahn, A)
November 23, 2010 Opinion or Order Filing 54 RELATED CASE ORDER signed by Senior Judge Lawrence K. Karlton on 11/23/10 ORDERING actions 2:10-cv-2912 WBS, 2:10-CV-2913 FCD, AND 2:10-CV-2914 MCE are REASSIGNED to Judge Lawrence K. Karlton for all further proceedings; the caption on all documents filed in the reassigned cases shall now be known as 2:10-cv-2912, 2:10-cv-2913 LKK, and 2:10-cv-2914 LKK; IT IS FURTHER ORDERED that the Clerk of the Court make appropriate adjustment in the assignment of these case to compensate for this reassignment.(Carlos, K)
October 27, 2010 Opinion or Order Filing 49 STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 10/26/10 ORDERING that the deadline to file proposed order resolving appeals and related motions is extended to 10/29/10. (Owen, K)
October 14, 2010 Opinion or Order Filing 45 ORDER signed by Senior Judge Lawrence K. Karlton on 10/13/2010. Court orders parties to file Proposed Order, as described in document text, by 10/26/2010. (Marciel, M)
September 16, 2010 Opinion or Order Filing 42 ORDER signed by Senior Judge Lawrence K. Karlton on 9/16/10 ORDERING that the bankruptcy appeal and Motions to Dismiss and to Strike shall be heard on 10/12/2010 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Manzer, C)
September 3, 2010 Opinion or Order Filing 39 ORDER signed by Senior Judge Lawrence K. Karlton on 9/3/10: HEARING as to 26 MOTION to DISMISS RESET for 9/27/2010 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Kaminski, H)
August 2, 2010 Opinion or Order Filing 7 ORDER signed by Senior Judge Lawrence K. Karlton on 8/2/10 ORDERING that the court will not decide the bankruptcy appeals until briefing is complete. The briefing schedule for the appeals remains unchanged. Counsel for the non-debtor entities is not required to appear at the 8/3/2010 criminal hearing. (Donati, J)
July 27, 2010 Opinion or Order Filing 6 ORDER signed by Senior Judge Lawrence K. Karlton on 7/27/10 ORDERING that it appears to the court that all issues to be raised in the captioned bankruptcy appeals may be resolved during the August 3, 2010 hearing. The court to dispose of the bankrupt cy appeals along with the criminal motion absent objection by any interested parties. Any objections shall be filed in writing on or before 12:00 p.m. on Monday, August 2, 2010. Objecting parties must also appear at the August 3, 2010 hearing at 09:15 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton.(Carlos, K)
July 8, 2010 Opinion or Order Filing 4 ORDER signed by Senior Judge Lawrence K. Karlton on 7/8/10 ORDERING that the actions denominated 2:10-CV-1492-FCD; 2:10-CV-1493-GEB; 2:10-CV-1496-WBS;2:10-CV-1497-GEB; 2:10-CV-1498-WBS; 2:10-CV-1499-WBS; and 2:10-CV-1500-MCE are reassigned to Judge L awrence K. Karlton for all further proceedings. Henceforth the caption on all documents filed in the reassigned cases shall be shown as No. 2:10-CV-1492-LKK; 2:10-CV-1493-LKK; 2:10-CV-1496-LKK; 2:10-CV-1497-LKK;2:10-CV-1498-LKK; 2:10-CV-1499-LKK; and 2:10-CV-1500-LKK. IT IS FURTHER ORDERED that the Clerk of the Court make appropriate adjustment in the assignment of cases to compensate for this reassignment. (Becknal, R)
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Appellant: Scott Salyer
Represented By: Paul Joseph Pascuzzi
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Appellant: Fred Salyer Irrevocable Trust
Represented By: Larry J Lichtenegger
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Appellee: Bradley D. Sharp
Represented By: Kevin W Coleman
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Creditor: Official Committee of Unsecured Creditors
Represented By: Spencer W. Christensen
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Trustee: Office of the US Trustee (Sac)
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