Opinion
CR. NO. S-10-061 LKK CIV. NO. S-11-1839 GEB CIV. NO. S-11-1842 WBS CIV. NO. S-11-1840 JAM CIV. NO. S-11-1841 KJM CIV. NO. S-11-1846 MCE CIV. NO. S-11-1845 GEB CIV. NO. S-11-1847 KJM CIV. NO. 11-1849 GEB CIV. NO. 11-1850 JAM CIV. NO. S-11-1853 KJM CIV. NO. S-11-1855 MCE
08-08-2011
UNITED STATES OF AMERICA, Plaintiff, v. FREDERICK SCOTT SALYER, Defendant. In re: SK FOODS, L.P., a California limited partnership, et al., Debtors. BRADLEY D. SHARP, Chapter 11 Trustee, Plaintiff, v. FRED SALYER IRREVOCABLE TRUST, Defendant. In re: SK FOODS, L.P., a California limited partnership, et al., Debtors. BRADLEY D. SHARP, Chapter 11 Trustee, Plaintiff, v. SKF AVIATION, LLC, et al., Defendants. In re: SK FOODS, L.P., a California limited partnership, et al., Debtors. BRADLEY D. SHARP, Chapter 11 Trustee, Plaintiff, v. SCOTT SALYER, as trustee of the Scott Salyer Revocable Trust, et al., Defendants. In re: SK FOODS, L.P., a California limited partnership, et al., Debtors. BRADLEY D. SHARP, Chapter 11 Trustee, Plaintiff, v. SSC FARMS 1, LLC, et al., Defendants. In re: SK FOODS, L.P., a California limited partnership, et al., Debtors. BANK OF MONTREAL, as Administrative Agent, successor by Assignment to Debtors SK Foods, L.P. and RHM Industrial Specialty Foods, Inc., a California corporation, d/b/a Colusa County Canning Co., Appellant, v. SCOTT SALYER, et al., Appellees. In re: SK FOODS, L.P., a California limited partnership, Debtors. BANK OF MONTREAL, as Administrative Agent, successor by Assignment to Debtors SK Foods, L.P. and RHM Industrial Specialty Foods, Inc., a California corporation, d/b/a Colusa County Canning Co., Appellant, v. INTERNAL REVENUE SERVICE, et al., Appellees. In re: SK FOODS, L.P., a California limited partnership, et al., Debtors. BANK OF MONTREAL, as Administrative Agent, successor by Assignment to Debtors SK Foods, L.P. and RHM Industrial Specialty Foods, Inc., a California corporation, d/b/a Colusa County Canning Co., Appellant, v. CSSS, L.P., Appellee. In re: SK FOODS, L.P., a California limited partnership, et al., Debtors. BANK OF MONTREAL, as Administrative Agent, successor by Assignment to Debtors SK Foods, L.P. and RHM Industrial Specialty Foods, Inc., a California corporation, d/b/a Colusa County Canning Co., Appellant, v. CALIFORNIA FRANCHISE TAX BOARD, et al., Appellees. In re: SK FOODS, L.P., a California limited partnership, et al., Debtors. BANK OF MONTREAL, as Administrative Agent, successor by Assignment to Debtors SK Foods, L.P. and RHM Industrial Specialty Foods, Inc., a California corporation, d/b/a Colusa County Canning Co., Appellant, v. CALIFORNIA FRANCHISE TAX BOARD, et al., Appellees. In re: SK FOODS, L.P., a California limited partnership, et al., Debtors. BANK OF MONTREAL, as Administrative Agent, successor by Assignment to Debtors SK Foods, L.P. and RHM Industrial Specialty Foods, Inc., a California corporation, d/b/a Colusa County Canning Co., Appellant, v. CARY SCOTT COLLINS, et al., Appellees. In re: SK FOODS, L.P., a California limited partnership, et al., Debtors. BANK OF MONTREAL, as Administrative Agent, successor by Assignment to Debtors SK Foods, L.P. and RHM Industrial Specialty Foods, Inc., a California corporation, d/b/a Colusa County Canning Co., Appellant, v. CARY SCOTT COLLINS, et al., Appellees.
RELATED CASE ORDER
The bankruptcy Trustee and creditor Bank of Montreal have filed Notices of Related cases in the above-captioned bankruptcy appeals. On April 14, 2011, in light of the above-captioned criminal case, this court remanded several bankruptcy appeals with the instruction to issue a stay if "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." Sharp v. SSC Farms 1, LLC (In re SK Foods, L.P.), 10 Civ. 1492 LKK, Dkt. No. 74 at p.5 (E.D. Cal. April 14, 2011). Each of the above-captioned bankruptcy appeals is from an order staying the underlying adversary proceedings in light of this court's instructions.
Therefore, each of the above-captioned bankruptcy cases is related to the above-captioned criminal case, as well as to the previously related cases 2:10-CV-810, 2:10-CV-811, 2:10-CV-812, 2:10-CV-1492, 2:10-CV-1493, 2:10-CV-1496, 2:10-CV-1497, 2:10-CV-1498, 2:10-CV-1499 and 2:10-CV-1500.
Related cases are generally assigned to the judge presiding over the case with the lowest number. See E.D. Cal. R. 123(c). Accordingly the court ORDERS as follows:
1. The actions denominated 2:11-CV-1839-GEB, 2:11-CV-01840-JAM, 2:11-CV-1841-KJM, 2:11-CV-1842-WBS, 2:11-CV-1845-GEB, 2:11-CV-1846-MCE, 2:11-CV-1847-KJM, 2:11-CV-1849-GEB, 2:11-CV-1850-JAM, 2:11-CV-1853-KJM and 2:11-CV-1855-MCE, are REASSIGNED to Senior Judge Lawrence K. Karlton for all further proceedings, and any dates currently set in the reassigned cases only, are hereby VACATED.
2. Henceforth, the caption on documents filed in the reassigned cases shall be shown as 2:11-CV-1839-LKK, 2:11-CV-01840-LKK, 2:11-CV-1841-LKK, 2:11-CV-1842-LKK, 2:11-CV-1845-LKK, 2:11-CV-1846-LKK, 2:11-CV-1847-LKK, 2:11-CV-1849-LKK, 2:11-CV-1850-LKK, 2:11-CV-1853-LKK and 2:11-CV-1855-LKK.
3. The Clerk of the Court shall make appropriate adjustment in the assignment of civil cases to compensate for this reassignment.
IT IS SO ORDERED.
LAWRENCE K. KARLTON
SENIOR JUDGE
UNITED STATES DISTRICT COURT