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UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION In re: DELTA PRODUCE, L.P.,1 Debtor, ) ) ) ) ) ) ) ) )

Chapter 11 Case No.: 12-50073-LMC Jointly Administered Hon. Leif M. Clark

RESPONSE TO MOTION TO W ITHDRAW (D.E. # 332)

Counsel for Kingdom Fresh Produce, Inc., I. Kunik Company, Inc. and Five Brothers Jalisco Produce Co. Inc d/b/a Bonanza 2001 (collectively the Kingdom Fresh Group) and Rio Bravo Produce Limited, LLC. and G.R. Produce, Inc. (collectively the Rio Bravo Group) PACA Creditors in associated case In re: Superior Tomato-Avocado, Case No. 12-50074 (the Superior Bankruptcy)(the Kingdom Fresh Group and the Rio Bravo Group collectively referred to as the K&R Group)(Counsel for the K&R Group referred to as Lead Counsel), consents to The Law Offices of Louis T. Rosenberg, P.C.s (Rosenberg) Motion to Withdraw (D.E.# 332)(the Motion). In support of this response, Lead Counsel for the K&R Group states as follows: 1. Rosenberg no longer represents any clients in the K&R Group. Rosenberg stated it

only represented Rio Bravo Produce Limited, LLC. but made several appearances on behalf of all members in the K&A Group. With filing the Motion, Rosenberg effectively withdrew from representing all members in the K&R Group and not just Rio Bravo Produce Limited, LLC.

Debtors are the following entities: Delta Produce, L.P. - Case No. 12-50073 LMC, Superior Tomato-Avocado, Ltd. - Case No. 12-50074-LMC, Atled, Ltd. Case No. 12-50075-LMC and Staci Properties, Ltd. - Case No. 12-50110-LMC

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2.

Rosenberg is withdrawing over an amount of roughly $1,800.00. Lead Counsel and

Rosenberg entered into a representation agreement which stated Rosenbergs bills are included into Lead Counsels final bill to each individual client. By the time Lead Counsel received Rosenbergs invoices, the bills had already been sent to the client and Rosenbergs bills would be included in the next monthly billing cycle. Rosenbergs delays in delivery of his bills often resulted in a two (2) to three (3) month lapse in reimbursing Rosenberg for time billed. Lead Counsel will now seek new local counsel with sufficient capitalization to survive a 60-90 day billing cycle or one that can issue its bills in a more timely fashion. 3. Rosenberg received notice of hearing dates as soon, if not sooner, than Lead Counsel

did. Rosenberg is registered with ECF and received notices of all pleadings in this case. Rosenberg even attended, in person, status conferences and other hearings where future court dates and deadlines were planned. Accordingly, Rosenberg often knew of all Court hearings and deadlines even before Lead Counsel learned of them though the ECF notices. Thus, Rosenbergs allegations of a lack of notice regarding hearing dates and other court imposed time limits is implausible. 4. Lead Counsel will also seek a new local counsel capable of handling the complexities

this current action. Rosenberg claimed to be capable of handling this matter in Bankruptcy Court as well, but they expressed great reservations about how to do so. Accordingly, Lead Counsel agrees a new local counsel with more experience, as required for this action, may be in order.

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FOR THESE REASONS, Lead Counsel respectfully requests this Honorable to Court to enter an Order allowing The Law Office of Louis T. Rosenberg, P.C. to withdraw from representing all clients in the K&R Group and for any further relief this Court deems appropriate.

Dated: October 4, 2012

Respectfully Submitted, KINGDOM FRESH PRODUCE, INC., I.KUNIK CO., INC., FIVE BROTHERS JALISCO PRODUCE CO. INC d/b/a BONANZA 2001, RIO BRAVO PRODUCE LTD. CO., LLC, & G.R. PRODUCE, INC. By: /s/ Kevin P. Kelley, Esq. One of Their Attorneys Kevin P. Kelley, Esq. KEATON LAW FIRM, P.C. 707 Lake Cook Road, Suite 300 Deerfield, Illinois 60015 Tel: 847/934-6500 Fax: 847/ 934-6508 E-mail: kelley@pacatrust.com Counsel for the Appellants

CERTIFICATE OF SERVICE I hereby certify that on October 4, 2012, I electronically filed the foregoing with the Clerk of the Court using the CM/ ECF system which will send a notice of electronic filing to all parties of record and sent via U.S. mail to the following recipient: Louis T. Rosenberg, Esq. LAW OFFICES OF LOUIS T. ROSENBERG, P.C. De Mazieres Building 322 Martinez Street San Antonio, Texas 78205 By: / s/ Kevin P. Kelley, Esq.