Delgado v. Sadik

Filing 38

ORDER FOR APPEARANCE and Examination of Judgment Debtor Ali Sadik, signed by Magistrate Judge Sheila K. Oberto on 5/1/2012. (IT IS HEREBY ORDERED that:1. Defendant/judgment debtor Ali Sadik shall appear personally on Wednesday, 6/13/2012, at 9:30 a.m. in Courtroom 7 of the United States District Courthouse, located at 2500 Tulare Street, Fresno, California, 93721, to answer questions concerning Defendant/judgment debtor Ali Sadik's real and personal property; 2. Plaintiff/judgment credit or must serve this order upon Ali Sadik personally not less than ten (10) days before the date set for the examination and must file a certificate of such service with the Court; and 3. Any further requests for a continuance of the debtor examination by Plaintiff shall be presented to the Court through the filing of an ex parte motion which shall include a statement of the reasons that necessitate resetting the debtor examination as well as a proposed order in Word or WordPerfect format emailed to the Court at [e-mail].)(Gaumnitz, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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DANIEL DELGADO,

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CASE NO. 1:11-cv-00379-LJO-SKO
Plaintiff,
ORDER FOR APPEARANCE AND
EXAMINATION OF JUDGMENT
DEBTOR ALI SADIK

v.

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(Doc. 36)
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ALI SADIK, dba Bulter Mini Mart; JUAN
GALINDO, dba Bulter Mini Mart,

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Defendants.
/

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I.

INTRODUCTION

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On January 17, 2012, the Court entered judgment against Defendant Ali Sadik. (Docs. 27,

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28.) On March 29, 2012, Plaintiff filed a request for the issuance of an abstract of judgment, which

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was issued by the Court on April 2, 2012. On March 29, 2012, Plaintiff filed an ex parte application

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seeking a court order requiring the appearance and examination of judgment debtor Ali Sadik.

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(Docs. 31.) Plaintiff's request for an order requiring the appearance and examination of judgment

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debtor was granted, and the order was issued on April 6, 2012, requiring Defendant Ali Sadik to

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personally appear before the Court on May 9, 2012. (Doc. 34.) On April 27, 2012, Plaintiff filed

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a "notice to reschedule the hearing" that was a renewed application for an order that the debtor

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examination take place on June 13, 2012, at 9:30 a.m. in Courtroom 7. (Doc. 36.)

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II.

DISCUSSION

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Pursuant to Federal Rule of Civil Procedure 69(a)(1), "[t]he procedure on execution – and

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in proceedings supplementary to and in aid of judgment or execution – must accord with the

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procedure of the state where the court is located, but a federal statute governs to the extent it

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applies." In turn, California Code of Civil Procedure § 708.160 provides, in relevant part:

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(a) Except as otherwise provided in this section, the proper court for examination of
a person under this article is the court in which the money judgment is entered.

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(b) A person sought to be examined may not be required to attend an examination
before a court located outside the county in which the person resides or has a place
of business unless the distance from the person's place of residence or place of
business to the place of examination is less than 150 miles.
(c) If a person sought to be examined does not reside or have a place of business in
the county where the judgment is entered, the superior court in the county where the
person resides or has a place of business is a proper court for examination of the
person.

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Cal Civ. Proc. Code §§ 708.160(a)-(c).
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The Court construes Plaintiff's April 27, 2012, filing as a renewed application for an order
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for appearance and examination of a judgment debtor. The April 27, 2012, filing sets forth the
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showing required by Federal Rule of Civil Procedure 69(a)(2) and the applicable provisions of the
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California Code of Civil Procedure § 708.160. As set forth below, Defendant Ali Sadik shall appear
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personally before the Court on Wednesday, June 13, 2012.
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III.

CONCLUSION

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Accordingly, IT IS HEREBY ORDERED that:
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1.

Defendant/judgment debtor Ali Sadik shall appear personally on Wednesday, June

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13, 2012, at 9:30 a.m. in Courtroom 7 of the United States District Courthouse,
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located at 2500 Tulare Street, Fresno, California, 93721, to answer questions
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concerning Defendant/judgment debtor Ali Sadik's real and personal property;
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2.

Plaintiff/judgment creditor must serve this order upon Ali Sadik personally not less

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than ten (10) days before the date set for the examination and must file a certificate
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of such service with the Court; and
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3.

Any further requests for a continuance of the debtor examination by Plaintiff shall

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be presented to the Court through the filing of an ex parte motion which shall include

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a statement of the reasons that necessitate resetting the debtor examination as well

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as a proposed order in Word or WordPerfect format emailed to the Court at

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[e-mail].

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NOTICE TO JUDGMENT DEBTORS. IF YOU FAIL TO APPEAR AT THE TIME

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AND PLACE SPECIFIED IN THIS ORDER, YOU MAY BE SUBJECT TO ARREST AND

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PUNISHMENT FOR CONTEMPT OF COURT AND THE COURT MAY MAKE AN

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ORDER REQUIRING YOU TO PAY THE REASONABLE ATTORNEY'S FEES

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INCURRED BY THE JUDGMENT CREDITOR IN THIS PROCEEDING.

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IT IS SO ORDERED.

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Dated:
ie14hj

May 1, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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