Industrial Enterprises of America, Inc. v. Lawler et al

Filing 8

ORDER to VACATE Debtor Examination of Timothy J. Lawler. Signed by Magistrate Judge Stanley A. Boone on 6/2/2015. (Hernandez, M)

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ROBERT J. GRALEWSKI, JR.
California Bar No. (#196410)
KIRBY McINERNEY LLP
600 B Street, Suite 1900
San Diego, CA 92101
Telephone: [phone]
[e-mail]

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Attorney for Plaintiff,
Industrial Enterprises of America, Inc.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA (FRESNO DIVISION)

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INDUSTRIAL ENTERPRISES OF
AMERICA, INC.,
On behalf of itself and as assignee of its
shareholders,

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ORDER TO VACATE DEBTOR
EXAMINATION OF
TIMOTHY J. LAWLER

Plaintiff,
v.

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Case No.: 1:15-mc-00006-SAB

TIMOTHY J. LAWLER et al.,
Defendants.

Date: June 3, 2015
Time: 10:00 a.m.
Courtroom: 9
Magistrate Judge Stanley A. Boone

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PLAINTIFF, Industrial Enterprises of America, Inc., (“Plaintiff”), by and through

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its counsel of record, Robert J. Gralewski, Jr., hereby requests that the Debtor

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Examination of Timothy J. Lawler (“Defendant”), currently set for June 3, 2015, be

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vacated without prejudice and subject to reinstatement based on the following:

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WHEREAS on or about February 4, 2015, Plaintiff filed its registration of Foreign
Judgment against Judgment Debtor, Timothy J. Lawler (Docket No. 1);

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WHEREAS on or about March 10, 2015, Plaintiff filed a Request for an Issuance
of Abstract of Judgment (Docket No. 3);

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WHEREAS on or about March 11, 2015, the Court entered its Issuance of Abstract
of Judgment (Docket No. 4);

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WHEREAS on or about March 18, 2015, Plaintiff filed its Application for

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Appearance for Examination Regarding Enforcement of Judgment against Judgment

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Debtor (Docket No. 5);

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WHEREAS on or about March 20, 2015, the Court entered its Order for

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Appearance and Examination of Judgment Debtor Timothy J. Lawler (Docket No. 6) and

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for the Examination to proceed on June 3, 2015, at 10:00 a.m. in Courtroom 9; and

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WHEREAS Defendant’s Counsel is voluntarily assembling documentation which,
at this time, moots the need for a debtor’s examination.

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NOW, THEREFORE, Plaintiff requests that the Debtor’s Examination of Timothy

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J. Lawler in the above captioned matter be vacated in light of the foregoing, without

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prejudice to Plaintiff to re-apply at a later date.

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Dated: May 29, 2015

By:

/s/ Robert J. Gralewski, Jr.

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Robert J. Gralewski, Jr.
California Bar No. (#196410)
KIRBY McINERNEY LLP
Attorney for Plaintiff,
Industrial Enterprises of America, Inc.

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IT IS SO ORDERED.
Dated:

June 2, 2015
UNITED STATES MAGISTRATE JUDGE