Dealer Computer Services, Inc. v. PHD, Inc.

Filing 11

ORDER directing appearance and examination of Paul H. Deathriage, Jr. person most knowledgeable for judgment debtor and for production of documents described in the notice to attend. Signed by Magistrate Judge Stanley A. Boone on 11/5/2013. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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DEALER COMPUTER SERVICES, INC.,

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Case No. 1:13-mc-00042-SAB

Plaintiff,

ORDER DIRECTING APPEARANCE AND
EXAMINATION OF PAUL H.
DEATHRIAGE, JR., PERSON MOST
KNOWLEDGEABLE FOR JUDGMENT
DEBTOR, AND FOR PRODUCTION OF
DOCUMENTS DESCRIBED IN THE
NOTICE TO ATTEND

v.
PHD, INC.,
Defendant.

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(C.C.P. §§ 708.110, 708.150, 1987(c))

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On reading the Application of Plaintiff and Judgment Creditor DEALER COMPUTER

19 SERVICES, INC., (hereinafter “Judgment Creditor”), and the attached Notice to Attend and
20 Produce Documents at Examination and it appearing that judgment was recovered herein in
21 favor of Judgment Creditor and against PHD, INC., (hereinafter “Judgment Debtor”), on June
22 27, 2013, for the sum of $1,052,053.22, plus interest at the rate of 3.339% compounded annually
23 from July 9, 2010, plus an additional $128,142.02 in arbitration fees, the judgment being
24 registered with the United States District Court Eastern District of California on August 20,
25 2013, and that judgment remains unpaid, and no amount having been paid on the outstanding
26 judgment by Judgment Debtor, and PAUL H. DEATHRIAGE, Jr., being the President, owner,
27 and person most knowledgeable regarding the assets and liabilities of Judgment Debtor; and
28 good cause appearing therefor; IT IS HEREBY ORDERED THAT PAUL H. DEATHRIAGE,

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1 JR., THE PERSON MOST KNOWLEDGEABLE REGARDING THE ASSETS AND
2 LIABILITIES OF JUDGMENT DEBTOR, APPEAR BEFORE DEPARTMENT 9 OF THIS
3 COURT LOCATED AT 2500 TULARE STREET, FRESNO, CALIFORNIA 93721, ON
4 DECEMBER 11, 2013, AT 9:30 A.M. TO ANSWER QUESTIONS CONCERNING THE
5 JUDGMENT DEBTOR’S ASSETS AND LIABILITIES;
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IT IS FURTHER ORDERED THAT JUDGMENT DEBTOR PRODUCE THOSE

7 DOCUMENTS

DESCRIBED

8 DOCUMENTS

AT

IN

THE

EXAMINATION,

NOTICE
FILED

TO

AND

ATTEND
SERVED

AND

WITH

PRODUCE
JUDGMENT

9 CREDITOR’S MOVING PAPERS, TO AID IN THE ENFORCEMENT OF THE MONEY
10 JUDGMENT.
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NOTICE TO PERSON SERVED. If you fail to appear at the time and place specified

12 in this order, you may be subject to arrest and punishment for contempt of court and the court
13 may make an order requiring you to pay the reasonable attorney’s fees incurred by the judgment
14 creditor in this proceeding.
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NOTICE TO JUDGMENT DEBTOR. If you fail to appear at the time and place

16 specified in this order, you may be subject to arrest and punishment for contempt of court, and
17 the court may make an order requiring you to pay the reasonable attorney fees incurred by the
18 judgment creditor in this proceeding.
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NOTICE TO CORPORATION OR OTHER ORGANIZATION. It is your duty to

20 designate one or more of the following to appear and be examined: officers, directors, managing
21 agents, or other persons who are familiar with your property and debts.
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IT IS SO ORDERED.

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Dated:

November 5, 2013

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UNITED STATES MAGISTRATE JUDGE

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