Akzo Nobel Coatings, Inc. v. Johnston Paint & Body Supplies, LLC

Filing 77

Order GRANTING Plf's 76 MOTION to Compel Judgment Debtor's Appearance Before Court for Oral Examination Regarding Its Assets. Dft is to respond in full to Plf's 3/10/10 post-judgment discovery requests as set out NLT 6/1/10. Upon f ailure or refusal to fully & completely respond to those requests, Dft is to appear w/counsel on 6/3/2010 at 09:00 AM in US Courthouse, Courtroom 2B, 113 St. Joseph Street, Mobile, AL 36602 before Judge Callie V. S. Granade, for oral examination as set out. Plf is to advise the court NLT 6/2/2010 whether oral examination will be necessary. Signed by Judge Callie V. S. Granade on 5/11/10. (tot)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION AKZO NOBEL COATINGS INC., Plaintiff, vs. JOHNSTON PAINT & BODY SUPPLIES, LLC., Defendant. ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 08-0578-CG-B

ORDER This matter is before the court on plaintiff's motion to compel judgment debtor's appearance before the court for oral examination regarding its assets (Doc. 76). Having considered the premises, the court finds that the motion is due to be GRANTED. Accordingly, it is ORDERED, pursuant to Rule 69(a)(2), FED.R.CIV.P. and Alabama Code section 6-6-201, that the defendant, Johnston Paint & Body, LLC, respond in full to plaintiff's March 10, 2010, post-judgment discovery requests no later than June 1, 2010. If defendant fails or refuses to respond, or fully and completely to respond to those requests, it is further ORDERED that defendant appear in this court with counsel and with a representative who has full knowledge of the true and correct information sought by plaintiff, on Thursday, June 3, 2010, at 9:00 A.M., in Courtroom 2B, United States Courthouse, Mobile, Alabama, for oral examination regarding the nature, location, description and value of defendant's assets, and to bring and produce any and all papers, documents or books which contain material evidence of such assets, or lack thereof. Plaintiff shall advise the court, no later than June 2, 2010, whether Plaintiff has complied with this Order by responding fully and completely to the post-judgment discovery requests, and

whether an oral examination before the court will be necessary. DONE and ORDERED this 11th day of May, 2010. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE