Sharp

FINDINGS OF FACT AND CONCLUSIONS OF LAW RE MOTION FOR DEFAULT JUDGMENT, OR ALTERNATIVELY, SUMMARY JUDGMENT

On the 2nd day of October 2013, the Court considered the motion of Bradley D. Sharp (the “Trustee”), the duly appointed and acting Chapter 11 trustee for SK Foods, L.P., a California limited partnership (“SK Foods”), and RHM Industrial/Specialty Foods, Inc., a California corporation, d/b/a Colusa County Canning Co. (“RHM”) for default judgment, or alternatively, summary judgment on the Trustee’s fourth claim for relief (Substantive Consolidation) set forth in his Complaint filed January 11, 2010 (the “Motion”). The Court considered the submissions and declarations in support of the Motion, and all declarations, evidence and memoranda previously filed in this action, the underlying Chapter 11 case, and related adversary proceedings that are referenced therein, and the oppositions and submissions of the Defendants and other parties in interest in response to the Motion. After affording the parties the foregoing hearing, and good cause having been shown, the Court granted the Trustee’s motion and entered an order granting judgment on the Trustee’s fourth claim for relief, which…