Southern California Lumber Industry Retirement Fund et al v. Commercial Wood Products Company et al

Filing 34

ORDER REQUIRING CRAIG ROBERTS as President of COMMERCIAL WOOD PRODUCTS COMPANY, a California corporation, also doing business as COMMERCIAL WOOD PRODUCTS, TO APPEAR AND SHOW CAUSE WHY HE SHOULD NOT BE HELD IN CONTEMPT FOR FAILURE TO OBEY ORDER COMPELLING HIS ATTENDANCE AT JUDGMENT DEBTOR EXAMINATION by Magistrate Judge David T. Bristow. Show Cause Hearing set for 6/13/2014 10:00 AM before Magistrate Judge David T. Bristow. (dc)

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JODI SIEGNER, Bar No. 102884 jsiegner@deconsel.com 2 DeCARLO & SHANLEY A Professional Corporation 3 533 S. Fremont Avenue, 9th Floor Los Angeles, California 90071-1706 4 Telephone: 213/488-4100 Telecopier: 213/488-4180 1 5 6 ATTORNEYS FOR PLAINTIFFS, SOUTHERN CALIFORNIA LUMBER INDUSTRY RETIREMENT FUND and BOARD OF TRUSTEES 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 EASTERN DIVISION 11 SOUTHERN CALIFORNIA LUMBER INDUSTRY RETIREMENT FUND; 13 and BOARD OF TRUSTEES FOR THE SOUTHERN CALIFORNIA LUMBER 14 INDUSTRY RETIREMENT FUND, 12 15 16 17 18 19 20 ) ) ) ) ) ) Plaintiff, ) ) v. ) ) COMMERCIAL WOOD PRODUCTS ) COMPANY, a California corporation, ) also doing business as COMMERCIAL ) WOOD PRODUCTS; and DOES ) 1 through 10, inclusive, ) ) Defendant. ) _________________________________ ) 21 CASE NO. EDCV 13-00390 VAP(DTBx) [PROPOSED] ORDER REQUIRING CRAIG ROBERTS as President of COMMERCIAL WOOD PRODUCTS COMPANY, a California corporation, also doing business as COMMERCIAL WOOD PRODUCTS, TO APPEAR AND SHOW CAUSE WHY HE SHOULD NOT BE HELD IN CONTEMPT FOR FAILURE TO OBEY ORDER COMPELLING HIS ATTENDANCE AT JUDGMENT DEBTOR EXAMINATION DATE: June 13, 2014 TIME: 10:00 a.m. CTRM: 4 22 23 TO CRAIG ROBERTS as President of COMMERCIAL WOOD PRODUCTS 24 COMPANY, a California corporation, also doing business as COMMERCIAL 25 WOOD PRODUCTS: 26 On February 25, 2014, an order for a judgment debtor examination of 27 CRAIG ROBERTS as President of COMMERCIAL WOOD PRODUCTS 28 COMPANY, a California corporation, also doing business as COMMERCIAL 1 WOOD PRODUCTS, was issued ordering CRAIG ROBERTS to appear in 2 Courtroom 4 of the United States District Court, Central District of California, 3 located at 3470 Twelfth Street, Riverside, California on May 9, 2014 at 10:00 a.m. 4 CRAIG ROBERTS was personally served with a copy of the application and order 5 for appearance and examination of judgment debtor on March 17, 2014. On May 6 9, 2014, the matter was called and there was no appearance by CRAIG ROBERTS. CRAIG ROBERTS has a history of failing to appear for Judgment Debtor 7 8 Exams in the parallel case of Cabinet Makers Millmen & Industrial Carpenters 9 Local 721 v. Commercial Wood Products Company, etc., USDC Case No. EDCV 10 12-01932 VAP(SPx). After failing to appear at the duly noticed Judgment Debtor 11 Exams twice in the parallel case, CRAIG ROBERTS appeared at the third 12 rescheduled Judgment Debtor Exam after Judge Phillips set an Order to Show 13 Cause re Contempt hearing for November 4, 2013. Upon CRAIG ROBERTS’ failure to appear on May 9, 2014 as ordered by 14 15 the court on February 25, 2014: IT IS HEREBY ORDERED that CRAIG ROBERTS appear in Courtroom 4 16 17 of the above-entitled court, located at 3470 Twelfth Street, Riverside, California, 18 on June 13, 2014, at 10:00 a .m., then and there to show cause, if any there be, why 19 an order should not be made holding CRAIG ROBERTS in contempt of court for 20 failure to obey the court's order dated February 25, 2014, compelling CRAIG 21 ROBERTS to attend a Judgment Debtor Examination. 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 2 1 DEFENDANT IS FURTHER ORDERED that if CRAIG ROBERTS fails to 2 appear on June 13, 2014, a bench warrant shall be issued against CRAIG 3 ROBERTS. 4 5 Dated: May 15, 2014 6 7 Presented by: 8 __________________________________ THE HONORABLE DAVID T. BRISTOW UNITED STATES MAGISTRATE JUDGE DeCarlo & Shanley, a Professional corporation 9 10 11 By: /s/ Jodi Siegner JODI SIEGNER Attorney for Plaintiffs 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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