Onions Etc., Inc. et al v. Z & S Fresh, Inc. et al

Filing 858

STIPULATION and ORDER to Continue Judgment Debtor Examination of Carrie Margosian (Doc. 856 ), Signed by Magistrate Judge Michael J. Seng on 11/28/2012. The Judgment Debtor Examination set for 11/30/2012 is CONTINUED to 1/11/2013 at 09:30 AM in Courtroom 6 before Magistrate Judge Michael J. Seng. (Arellano, S.)

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Scott J. Ivy, #197681
Michael J. Gomez, #251571
Lang, Richert & Patch
Post Office Box 40012
Fresno, California 93755-0012
[phone] Phone
[phone] Fax

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C:\WINDOWS\Temp\notes101AA1\Stip to Continue(CARRIE)wpd.wpd:dc

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Attorneys for Defendant, Cross Claimant, Counter-Claimant, FRESNO-MADERA
FEDERAL LAND BANK ASSOCIATION, FLCA

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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ONIONS ETC., and DUDA FARM FRESNO
FOODS, INC.,

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Case No.: 1:09-cv-00906-OWW-SMS

STIPULATION AND ORDER TO
CONTINUE JUDGMENT DEBTOR
EXAMINATION OF CARRIE
MARGOSIAN

Plaintiffs,
v.
Z&S FRESH, INC., a California corporation,
fdba Z&S DISTRIBUTING COMPANY,
INC., a California corporation; MARTIN J.
ZANINOVICH, an individual; LOREN
SCHOENBURG, an individual; MARGARET
aka MARGE SCHOENBERG, an individual,
Defendants

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AND VARIOUS INTERVENING ACTIONS,
CROSS-COMPLAINTS AND COUNTER
CLAIMS.

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STIPULATION

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WHEREAS, on July 27, 2012, Judgment was entered in favor of Defendant,
Cross-Claimant, and Counter-Claimant FRESNO-MADERA FEDERAL LAND BANK
ASSOCIATION, FLCA (AJudgment Creditor@) and against Judgment Debtor ARON
Stipulation and Order to Continue Judgment Debtor
Examination of Carrie Margosian

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MARGOSIAN AND CARRIE MARGOSIAN in the amount of $3,404.528.04.

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Rule 62

imposed a mandatory 14 stay on efforts by Judgment Creditor to enforce the Judgment;

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WHEREAS, on November 16, 2012 Defendant, Cross Claimant, Counter-Claimant,

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FRESNO-MADERA FEDERAL LAND BANK ASSOCIATION, FLCA filed an Application of

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Judgment Creditor Fresno-Madera Federal Land Bank Association, FLCA for Order of

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Examination of Judgment Debtor CARRIE MARGOSIAN;

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WHEREAS, on November 19, 2012 the court set the Judgment Debtor Examination of
CARRIE MARGOSIAN for November 30, 2012 at 9:30 am in Courtroom 6; and
WHEREAS, the parties have agreed to continue the Judgment Debtor Examination until
January 11, 2013.

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BASED UPON THE FOREGOING, IT IS HEREBY STIPULATED AND AGREED by

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and between the parties hereto through their respective counsel of record that the debtor=s

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examination for CARRIE MARGOSIAN set for November 30, 2012 at 9:30 am, be continued to

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January 11, 2013 at 9:30 am in Courtroom 6.

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This Stipulation may be executed in identical counterparts, the copies of which shall

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constitute the complete agreement between the parties, and exchange of said counterparts may be

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made by facsimile.
Dated: November 27, 2012

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LANG, RICHERT & PATCH, P.C.

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By: /s/ Scott J. Ivy,
Scott J. Ivy, Esq.
Defendant, Cross Claimant, Counter-Claimant,
FRESNO-MADERA FEDERAL LAND BANK
ASSOCIATION, FLCA

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Dated: November 27, 2012

WILD, CARTER & TIPTON

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By: /s/ PatrickJ. Gorman
Patrick J. Gorman, Esq.
Attorney for Defendants, ARON MARGOSIAN
and CARRIE MARGOSIAN
Stipulation and Order to Continue Judgment Debtor
Examination of Carrie Margosian

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ORDER 1

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Upon

application

of

Defendant,

Cross-Claimant,

and

Counter-Claimant

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Fresno-Madera Federal Land Bank Association, FLCA (AJudgment Creditor@) requesting
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the examination of Judgment Debtor CARRIE MARGOSIAN (AJudgment Debtor@), and
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good cause appearing therefor:
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IT IS HEREBY ORDERED that Judgment Debtor, CARRIE MARGOSIAN, is
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hereby ordered to appear on January 11, 2013 (the AExamination Date@), at 9:30 a.m. in

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Courtroom 6 of this Court, located at 2500 Tulare Street, Fresno, CA 93721, to be
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examined concerning her assets.
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IT IS FURTHER ORDERED that Judgment Debtor shall bring with her the
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following documents:
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1.

All documents relating to the Deed of Trust with Assignment of Rents

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recorded on August 9, 2012 (Document No. 2012-005092), including documents relating
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to the purpose of the document, the circumstances in which it was prepared and
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recorded, and all loans, notes, encumbrances and properties or parcels mentioned
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therein, and any communications relating to the document.
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2.

All documents relating to the Deed of Trust with Assignment of Rents

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recorded on August 9, 2012 (Document No. 2012-0050921), including documents
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relating to the purpose of the document, the circumstances in which it was prepared and
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recorded, and all loans, notes, encumbrances and properties or parcels mentioned
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therein, and any communications relating to the document.
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3.

All documents relating to the Deed of Trust with Assignment of Rents

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recorded on August 13, 2012 (Document No. 2012-0051435), including documents
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1 The proposed Order has been modified, primarily with regard to the period of time covered in document demands
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Stipulation and Order to Continue Judgment Debtor
Examination of Carrie Margosian

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relating to the purpose of the document, the circumstances in which it was prepared and

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recorded, and all loans, notes, encumbrances and properties or parcels mentioned

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therein, and any communications relating to the document.

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4.

All documents relating to the Grant Deed recorded on August 13, 2012

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(Document No. 2012-0051436), including all documents relating to the purpose of the

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document, the circumstances in which it was prepared and recorded, and all loans,

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notes, encumbrances and properties or parcels mentioned therein, and any

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communications relating to the document.

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5.

All documents relating to the Notice of Lien (Derderian) filed on August 13,

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2012, including all documents relating to the purpose of the document, the

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circumstances in which it was prepared and filed, and all loans, notes, encumbrances

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and properties or parcels mentioned therein.

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6.

All documents relating to the Notice of Lien (Margosian Bros) filed on

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August 13, 2012, including all documents relating to the purpose of the document, the

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circumstances in which it was prepared and filed, and all loans, notes, encumbrances

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and properties or parcels mentioned therein, and any communications relating to the

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document.

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7.

Corporate Documents.

All documents relating to or evidencing any

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financial interest which the Judgment Debtor owns, or which the Judgment Debtor has

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owned at any time during the period January 1, 2008 to the Examination Date

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(collectively, the APeriod@), in any corporation.

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Limited Liability Company Documents.

All documents relating or

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evidencing to any financial interest which the Judgment Debtors owns, or which the

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Judgment Debtor has owned at any time during the Period, in any limited liability

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company.

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Partnership Documents.

All documents relating to or evidencing any

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financial interest which the Judgment Debtors owns, or which the Judgment Debtor has

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Stipulation and Order to Continue Judgment Debtor
Examination of Carrie Margosian

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owned at any time during the Period, in any partnership.
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Other Business Ownership Documents. All documents (including but not

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limited to documents filed with the California Secretary of State=s Office) relating to or

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evidencing any financial interest which the Judgment Debtor owns, or which the

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Judgment Debtor has owned at any time during the Period, in any business other than a

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corporation, limited liability company or partnership.

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Real Property. Any and all documents relating to any real property owned

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by or on behalf of Judgment Debtor during the Period, including but not limited to deeds

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or other evidence of such ownership.

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Escrow Funds. Receipts for any and all funds placed in escrow during the

Period for the account or benefit of Judgment Debtor.
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Leases. All documents relating to any lease of real or personal property in

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which Judgment Debtor, is or was a lessor or lessee during the Period, including lease

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agreements, canceled checks and all other evidence of lease payments.

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Deposits.

All documents relating to any bank or savings account,

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certificate of deposit, brokerage or securities account owned by or on behalf of Judgment

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Debtor during the shorter period January 1, 2011 to the Examination Date (collectively,

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the “Shorter Period”), including but not limited to account statements, check registers

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and canceled checks.

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15.

Stocks and Bond. All documents relating to any stocks, bonds or other

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securities owned by or on behalf of Judgment Debtor during the Shorter Period, including

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stock certificates or other evidence of ownership and brokerage account statement.

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Promissory Notes.

All documents relating to any accounts or notes

receivable owned by or on behalf of Judgment Debtor during the Period.
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Vehicles. All registration certificates and title certificates relating to any

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vehicle, airplane, boat or other vehicle or vessel owned or used by Judgment Debtor

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during the Shorter Period.

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Stipulation and Order to Continue Judgment Debtor
Examination of Carrie Margosian

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Wages and Profits. Any and all payment stubs or records of salary, wages,

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draws or distributions payable to or on behalf of Judgment Debtor during the Shorter

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Period.

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Loan Applications. All documents relating to any loan applications made

by or on behalf of Judgment Debtor during the Shorter Period.
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Appraisals. All appraisals or documents relating to the determination of

value of any asset owned by or on behalf of Judgment Debtor during the Shorter Period.
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Financial Statements. Any financial statements, balance sheets, net worth

statements, profit and loss statements, rent rolls relating to Judgment Debtor during the

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Shorter Period.

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22.

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Gifts. All documents relating to gifts worth more than $500 from Judgment

Debtor to any person or entity made during the Shorter Period.
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Business Licenses.

Business licenses, regulatory permits and related

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applications issued to, or filed by or on behalf of, Judgment Debtor during the Shorter

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Period.

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Fictitious Business Names. All fictitious business name applications and

updates filed by or on behalf of, Judgment Debtor during the Shorter Period.
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Wills and Trusts.

Any and all documents and writings of any kind

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evidencing Judgment Debtor=s beneficial interest in a will or a trust (including the

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Judgment Debtor=s will and/or trust).

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Lawsuit and Causes of Action.

Any and all documents and writings

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evidencing any chose in action or cause of action Judgment Debtor may have including,

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but not limited to, complaints, counterclaims, cross-complaints, or proofs of claim field in

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a bankruptcy.

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Receivables/Inventories/Equipment. Any and all documents and writings

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evidencing any interest by Judgment Debtor in any trade receivables, inventories,

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security interests in crops, and/or equipment including but not limited to machinery,

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Stipulation and Order to Continue Judgment Debtor
Examination of Carrie Margosian

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equipment, irrigation equipment, tools and fixtures, permanent plantings.
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Other Personal/Real Property. Any and all documents and writings of any

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kind evidencing Judgment Debtor=s beneficial interest in any real or personal property

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not referenced or identified by documents produced in response to the above requests.

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IT IS FURTHER ORDERED that a civil subpoena for documents shall issue as

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requested regarding the examination of Judgment Debtor.

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NOTICE TO JUDGMENT DEBTOR:

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IF YOU FAIL TO APPEAR AT THE TIME AND PLACE SPECIFIED IN THIS ORDER,

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YOU MAY BE SUBJECT TO ARREST AND PUNISHMENT FOR CONTEMPT OF

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COURT, AND THE COURT MAY MAKE AN ORDER REQUIRING YOU TO PAY

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REASONABLE ATTORNEYS FEES INCURRED BY THE JUDGMENT CREDITOR IN

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THIS PROCEEDING

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IT IS SO ORDERED.

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Dated:

November 28, 2012

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/s/

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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ci4d6

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Michael J. Seng

Stipulation and Order to Continue Judgment Debtor
Examination of Carrie Margosian

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