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

Filing 869

STIPULATION and ORDER TO CONTINUE JUDGMENT DEBTOR EXAMINATION OF ARON MARGOSIAN. Judgment Debtor Exam is now set for 4/5/2013 at 09:30 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng, signed by Magistrate Judge Michael J. Seng on 2/26/2013. (Yu, L)

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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
K:\MJS\1. To_Be_Reviewed_By_MJS\09cv906.stip.to.cont: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.,

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

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Plaintiffs,

STIPULATION AND ORDER TO
CONTINUE JUDGMENT DEBTOR
EXAMINATION OF ARON
MARGOSIAN

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,

Date: April 5, 2013
Time: 9:30 a.m.
Courtroom: 6

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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-

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Claimant, and Counter-Claimant FRESNO-MADERA FEDERAL LAND BANK ASSOCIATION,

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FLCA (“Judgment Creditor”) and against Judgment Debtors ARON MARGOSIAN AND CARRIE

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MARGOSIAN in the amount of $3,404.528.04. Rule 62 imposed a mandatory 14 stay on efforts

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by Judgment Creditor to enforce the Judgment;
Stipulation and Order to Continue Judgment Debtor
Examination of Aron Margosian

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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 Examination

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of Judgment Debtor ARON MARGOSIAN;

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WHEREAS, on January 11, 2013 the parties could not complete the exam due to Mr.

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Margosian’s inability to obtain and produce certain documents called for in the original subpoena

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and order;

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WHEREAS, Mr. Margosian has since produced additional documents in response to the
original subpoena and order;
WHEREAS, the parties have agreed to continue the Judgment Debtor Examination on April
5, 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 ARON MARGOSIAN be continued to April 5, 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.

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Dated: February 26, 2013

LANG, RICHERT & PATCH, P.C.

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

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Dated: February 26, 2013

WILD, CARTER & TIPTON

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By: /s/
Patrick J. Gorman, Esq.
Attorney for Defendants, ARON MARGOSIAN
and CARRIE MARGOSIAN

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Stipulation and Order to Continue Judgment Debtor
Examination of Aron Margosian

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ORDER

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Upon application of Defendant, Cross-Claimant, and Counter-Claimant Fresno-Madera

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Federal Land Bank Association, FLCA (“Judgment Creditor”) requesting the examination of

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Judgment Debtor ARON MARGOSIAN (“Judgement Debtor”), and good cause appearing therefor,

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it is:

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IT IS HEREBY ORDERED that Judgment Debtor, ARON MARGOSIAN, is hereby

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ordered to appear on April 5, 2013 (the “Examination Date”), at 9:30 a.m. in Courtroom 6 of this

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Court, located at 2500 Tulare Street, Fresno, CA 93721, to be examined concerning his assets.

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IT IS FURTHER ORDERED that service of the Stipulation and Order to Continue

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Judgment Debtor Examination of Aron Margosian on Aron Margosian’s attorneys is sufficient for

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all purposes related to the debtor’s exam.

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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:
ci4d6

February 26, 2013

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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Stipulation and Order to Continue Judgment Debtor
Examination of Aron Margosian

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