Case 08-45664-dml11 Doc 6977 Filed 03/13/12 Entered 03/13/12 15:13:05 Desc Main Document Page 1 of 5 David W. Parham (15459500) Adam T. Dougherty (24026809) BAKER & McKENZIE LLP 2300 Trammell Crow Center 2001 Ross Avenue Dallas, Texas 75201 Telephone: (214) 978-3000 Facsimile: (214) 978-3099 ATTORNEYS FOR REORGANIZED DEBTORS D. Wes Sullenger (Kentucky Bar No. 91861) Sullenger Law Office, PLLC 2320 Broadway, Suite 407 Paducah, Kentucky 42001 Telephone: (270) 443-9401 Facsimile: (270) 443-3624 ATTORNEY FOR FRANCISCO CISNEROS IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION In re: Pilgrim s Pride Corporation, et al., Debtors. Case No. 08-45664 (DML) Chapter 11 Jointly Administered JOINT MOTION TO APPROVE STIPULATION AND AGREED SCHEDULING ORDER RELATING TO CLAIM NO. 798 FILED BY FRANCISCO CISNEROS TO: THE HONORABLE D. MICHAEL LYNN, UNITED STATES BANKRUPTCY JUDGE: DALDMS/709097.1 1
Case 08-45664-dml11 Doc 6977 Filed 03/13/12 Entered 03/13/12 15:13:05 Desc Main Document Page 2 of 5 COME NOW, Pilgrim s Pride Corporation and its affiliated reorganized debtors (collectively, as reorganized, the Debtors ) 1 and Francisco Cisneros ( Cisneros ), through their respective counsels, and file this, their Joint Motion to Approve Stipulation and Agreed Scheduling Order Relating to Claim No. 798 Filed by Francisco Cisneros (the Motion ), and would respectfully show the Court as follows: Background 1. On December 1, 2008 (the Commencement Date ), the Debtors each commenced with this Court a voluntary case under chapter 11 of title 11 of the United States Bankruptcy Code (the Bankruptcy Code ). 2. Pursuant to section 1129 of the Bankruptcy Code, on December 10, 2009, this Court entered an order (the Confirmation Order ) confirming Debtors Amended Joint Plan of Reorganization under chapter 11 of the Bankruptcy Code (as modified) (the Plan ). 3. The Plan became effective on December 28, 2009 (the Effective Date ). 4. Subsequently, on April 28, 2010, the United States District Court for the Northern District of Texas (the District Court ) entered the Order Respecting Reference [Docket No. 5057; District Court Docket No. 1], which ordered: that all jurisdiction respecting the Personal Injury Claims, including all matters pertaining to their liquidation and allowance, the forum in which they are to be liquidated, their resolution by agreement or their reference to an alternative dispute resolution mechanism shall be retained by this Court. [and] To the extent that, as to any Personal Injury Claim, prior to entry of this Order the bankruptcy court has (1) approved a settlement respecting such claim; (2) authorized liquidation of such claim (through relief from the stay (as applicable) of 11 U.S.C. 362(a) or 524(a)(2) or otherwise), or 1 The Debtors are Pilgrim's Pride Corporation, PFS Distribution Company, PPC Transportation Company, To-Ricos Ltd, To-Ricos Distribution, Ltd., Pilgrim s Pride Corporation of West Virginia, Inc., and PPC Marketing, Ltd. DALDMS/709097.1 2
Case 08-45664-dml11 Doc 6977 Filed 03/13/12 Entered 03/13/12 15:13:05 Desc Main Document Page 3 of 5 (3) directed that such claim be the subject of alternative dispute resolution proceedings, the acts of the bankruptcy court are, to the extent necessary, adopted and ratified by this Court. Additional Background Relevant To This Motion 5. On June 25, 2010, the Debtors filed their Omnibus Objection to Personal Injury Claims (No Liability) [District Court Docket No. 10] (the Objection ). 6. In the Objection, the Debtors objected to, among other claims, claim no. 798 (the Cisneros Claim ), filed by Francisco Cisneros ( Cisneros ), on the basis of no liability (the Cisneros Objection ). 7. The Cisneros Claim is based on wrongful termination from employment, and includes allegations of discrimination on the basis of disability discrimination. 2 The Cisneros Claim also attached a copy of the complaint in the lawsuit styled, Francisco Cisneros v. Pilgrim s Pride Corporation, Case No. 5:08CV-144-R, filed in the United States District Court for the Western District of Kentucky Paducah Division on September 5, 2008 (the Kentucky Litigation ). The Kentucky Litigation has been stayed as of the Commencement Date. 8. On February 17, 2011, Cisneros filed in this Court his Response to Debtors Omnibus Objection to Personal Injury Claims (No Liability) [Docket No. 6479] (the Response ). 9. The Debtors and Cisneros have since entered into the stipulation and agreed scheduling order attached hereto as Exhibit A (the Stipulation ), subject to this Court s approval. 2 The Cisneros Claim was inadvertently made subject to the Order Respecting Reference entered by the District Court. However, on January 20, 2011, the District Court referred the Cisneros Claim back to this Court as a nonpersonal injury claim under its Order Modifying Stay [District Court Docket No. 220]. DALDMS/709097.1 3
Case 08-45664-dml11 Doc 6977 Filed 03/13/12 Entered 03/13/12 15:13:05 Desc Main Document Page 4 of 5 Jurisdiction 10. This Court has jurisdiction over this matter pursuant to 28 U.S.C. 157 and 1334. This is a core proceeding pursuant to 28 U.S.C. 157(b)(2). Venue is proper before this Court pursuant to 28 U.S.C. 1408 and 1409. Relief Requested 11. The Debtors and Cisneros request that this Court enter an order approving the Stipulation. Argument 12. The Debtors and Cisneros have entered into the Stipulation, subject to Court approval. 13. In the Stipulation, the Debtors and Cisneros consent and agree to the process in which the Cisneros Objection will be litigated, in particular with respect to (a) jurisdiction and adjudication of the Cisneros Claim, the Cisneros Objection, the Response, and any defenses thereto, in this Court; and (b) scheduling deadlines. 14. The Debtors and Cisneros seek approval of the Stipulation so that they can each manage their time and resources while also effectively evaluating the allegations and defenses asserted relating to the Cisneros Claim. WHEREFORE, PREMISES CONSIDERED, the Debtors and Cisneros pray that the Court grant this Motion, enter the agreed scheduling order as set forth in the Stipulation, and grant such other and further relief to which the Debtors and Cisneros may be justly entitled. DALDMS/709097.1 4
Case 08-45664-dml11 Doc 6977 Filed 03/13/12 Entered 03/13/12 15:13:05 Desc Main Document Page 5 of 5 Dated: March 13, 2012 Dallas, Texas Respectfully submitted, By: /s/ David Parham David W. Parham (15459500) Adam T. Dougherty (24026809) BAKER & MCKENZIE LLP 2300 Trammell Crow Center 2001 Ross Avenue Dallas, Texas 75201 Telephone: (214) 978-3000 Facsimile: (214) 978-3099 E-Mail: david.w.parham@bakernet.com ATTORNEYS FOR THE REORGANIZED DEBTORS By: /s/ Wes Sullenger D. Wes Sullenger (Kentucky Bar No. 91861) Sullenger Law Office, PLLC 2320 Broadway, Suite 407 Paducah, Kentucky 42001 Telephone: (270) 443-9401 Facsimile: (270) 443-3624 E-mail: wes@sullengerfirm.com ATTORNEY FOR FRANCISCO CISNEROS DALDMS/709097.1 5
Exhibit A Page 1 of 6 IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION In re: Pilgrim s Pride Corporation, et al. Debtors. Case No. 08-45664 (DML) Chapter 11 Jointly Administered STIPULATION AND AGREED SCHEDULING ORDER RELATING TO CLAIM NO. 798 FILED BY FRANCISCO CISNEROS On June 25, 2010, Pilgrim s Pride Corporation and its affiliated reorganized debtors (collectively, as reorganized, the Debtors ) 1 in the above-referenced chapter 11 case, filed with the United States District Court for the Northern District of Texas (the District Court ) under Case No. 4:10-CV-292-Y, their Debtors Omnibus Objection to Personal Injury Claims (No Liability) [District Court Docket No. 10] (the Objection ). 1 The Debtors are Pilgrim's Pride Corporation, PFS Distribution Company, PPC Transportation Company, To-Ricos Ltd, To-Ricos Distribution, Ltd., Pilgrim s Pride Corporation of West Virginia, Inc., and PPC Marketing, Ltd. EXHIBIT A
Exhibit A Page 2 of 6 In the Objection, the Debtors objected to, among other claims, claim no. 798 (the Cisneros Claim ), filed by Francisco Cisneros ( Cisneros ), on the basis of no liability (the Cisneros Objection ). The Cisneros Claim is based on wrongful termination from employment, and includes allegations of discrimination on the basis of disability discrimination. 2 The Cisneros Claim also attached a copy of the complaint in the lawsuit styled, Francisco Cisneros v. Pilgrim s Pride Corporation, Case No. 5:08CV-144-R, filed in the United States District Court for the Western District of Kentucky Paducah Division on September 5, 2008 (the Kentucky Litigation ). The Kentucky Litigation has been stayed following the filing of the Debtors bankruptcy petitions in this Court on December 1, 2008. On February 17, 2011, Cisneros filed in this Court his Response to Debtors Omnibus Objection to Personal Injury Claims (No Liability) [Docket No. 6479] (the Response ). The Court is advised that the parties have reached an agreement with respect to the process in which the Cisneros Objection will be litigated, in particular with respect to (a) jurisdiction and adjudication of the Cisneros Claim, the Cisneros Objection, the Response, and any defenses thereto, in this Court; and (b) scheduling deadlines. And being fully advised of the agreement, the Court finds it in order for approval. It is therefore: ORDERED, ADJUDGED AND DECREED that the trial of the Cisneros Objection is a core proceeding pursuant to 28 U.S.C. 157(b)(2); it is further 2 The Cisneros Claim was inadvertently made subject to the Order Respecting Reference entered by the District Court [Docket No. 5057; District Court Docket No. 1]. However, on January 20, 2011, the District Court referred the Cisneros Claim back to this Court as a non-personal injury claim under its Order Modifying Stay [District Court Docket No. 220].
Exhibit A Page 3 of 6 ORDERED, ADJUDGED AND DECREED that neither the Debtors nor Cisneros shall move to withdraw the reference of the Cisneros Objection; it is further ORDERED, ADJUDGED AND DECREED that both the Debtors and Cisneros are hereby consenting to the entry of a final order by the Court and waiving any argument that the reference should be withdrawn with respect to the Cisneros Claim; it is further ORDERED, ADJUDGED AND DECREED that the scheduling deadlines between the Debtors and Cisneros will proceed as follows: a. Pursuant to this Court s rules, resolution of the Cisneros Objection will be treated as an adversary proceeding and all such rules will apply to these matters. b. All initial disclosures under Rule 26 shall be provided by April 2, 2012. c. The names and addresses of experts, and expert reports must be exchanged by June 1, 2012. d. The names and addresses of all rebuttal experts and rebuttal expert reports must be exchanged by July 2, 2012. e. All fact and expert discovery must be completed by August 13, 2012. f. All dispositive motions must be filed no later than September 10, 2012. g. Trial of the Cisneros Objection shall occur by bench trial on November 12, 2012 at 9:30 a.m. and will continue on November 13 and 14, 2012 (the Bench Trial ). h. A Joint Pretrial Order in compliance with Local District Court Rule 16.4 shall be filed, served, and uploaded for Court entry seven (7) days prior to the Bench Trial. All counsel are responsible for preparing the Joint Pretrial Order, which shall contain the following: (i) the names, addresses and telephone numbers of each witness that the party intends to call (the parties agree that they cannot disclose trial witnesses that have not been previously identified in
Exhibit A Page 4 of 6 response to written discovery); (ii) the witnesses whose testimony the party expects to present by deposition and citations to the their deposition to be presented; (iii) a summary of the claims and defenses of each party; (iv) a statement of stipulated facts; (v) a list of the contested issues of fact; (vi) a list of contested issues of law; (vii) an estimate of the length of trial; (viii) a list of additional matters which would aid in the disposition of the case; and (ix) the signature of each attorney (or pro se party). i. Exhibits shall be marked with an exhibit label. Except for impeachment documents, all exhibits, along with a list of witnesses to be called, shall be exchanged with opposing counsel 15 days prior to the Bench Trial. Each party shall also file a list of exhibits and witnesses 15 days prior to the Bench Trial. All exhibits not objected to in writing by the Bench Trial shall be admitted into evidence at trial without further proof, except for objections to relevance. Written objections to exhibits will be taken up prior to the Bench Trial, during the course of the actual Bench Trial, or at any pretrial conference. j. Written Proposed Findings of Fact and Conclusions of Law shall be filed seven (7) days prior to Bench Trial. Trial briefs shall be filed addressing contested issues of law seven (7) days prior to Bench Trial. k. All parties and counsel must certify to full compliance with this Order at Bench Trial. If a resetting is allowed by the Court, Cisneros or Cisneros s attorney shall notify all other parties and shall file with the Clerk a certificate of service indicating the manner, date, and to whom notice was given. l. Any party may request mediation of any or all issues at any time, and the nonrequesting party has the right to object to any such request for mediation.
Exhibit A Page 5 of 6 m. If the case is reset, all the deadlines will be shifted to the newly scheduled Bench Trial date in the absence of a contrary Court order. IT IS FURTHER ORDERED that this Stipulation and Agreed Scheduling Order may be modified by agreement of the parties or order of the Court. # # # END OF ORDER # # #
Exhibit A Page 6 of 6 Respectfully submitted, By: /s/ David Parham David W. Parham (15459500) Adam T. Dougherty (24026809) BAKER & MCKENZIE LLP 2300 Trammell Crow Center 2001 Ross Avenue Dallas, Texas 75201 Telephone: (214) 978-3000 Facsimile: (214) 978-3099 E-Mail: david.w.parham@bakernet.com ATTORNEYS FOR THE REORGANIZED DEBTORS By: /s/ Wes Sullenger D. Wes Sullenger (Kentucky Bar No. 91861) Sullenger Law Office, PLLC 2320 Broadway, Suite 407 Paducah, Kentucky 42001 Telephone: (270) 443-9401 Facsimile: (270) 443-3624 E-mail: wes@sullengerfirm.com ATTORNEY FOR FRANCISCO CISNEROS