Wallis et al v. Centennial Insurance Company Inc et al

Filing 324

AMENDED ORDER signed by Magistrate Judge Allison Claire on 11/20/15 as to Hygieia Biological Laboratories, Inc.'s "person most knowledgeable": Judgment Debtor Exam set for 12/9/2015 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Kaminski, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA - SACRAMENTO

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DALE M. WALLIS, D.V.M., JAMES L.
WALLIS, and HYGIEIA BIOLOGICAL
LABORATORIES, INC. a California
Corporation,

CASE NO.: 2:08-CV-02558-WBS-AC
Assigned to: Honorable William B. Shubb,
Courtroom 5, 14th Floor

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Plaintiffs,
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Magistrate Judge Allison Claire, Courtroom 26,
8th Floor

v.
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CENTENNIAL INSURANCE COMPANY,
INC., a New York corporation; ATLANTIC
MUTUAL INSURANCE CO., INC., a New
York corporation,
Defendants.

AMENDED ORDER FOR EXAMINATION
OF PERSON MOST KNOWLEDGEABLE
OF JUDGMENT DEBTOR HYGIEIA
BIOLOGICAL LABORATORIES, INC.
Date:
Time:
Courtroom:

December 9, 2015
10:00 a.m.
26, 8th Floor

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TO ALL PARTIES HEREIN AND TO THEIR RESPECTIVE ATTORNEYS OF RECORD:

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PLEASE TAKE NOTICE that judgment debtor Hygieia Biological Laboratories, Inc.’s

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PMK “person most knowledgeable” concerning its property and debts is ordered to appear for an

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examination on December 9, 2015 at 10:00 a.m., at the United States District Court for the Eastern

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District Court of California, Robert T. Matsui United States Courthouse, 501 I Street, Courtroom 26,

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8th Floor, Sacramento, CA 95814, before a certified shorthand reporter. See E.D. Cal. R. 302(c)(11);

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Fed. R. Civ. P. 69(a)(2); Cal. Civ. Proc. Code § 708.150(a), (c). You are further instructed to produce
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AMENDED ORDER FOR EXAMINATION OF PERSON MOST KNOWLEDGEABLE OF
JUDGMENT DEBTOR HYGIEIA BIOLOGICAL LABORATORIES, INC.
CASE NO.: 2:08-CV-02558-WBS-AC

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at the examination the documents and items identified in Schedule A, attached hereto. The

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examination shall continue from day to day, Sundays and holidays excepted, at the same time and

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location, until completed or unless the parties agree on other mutually convenient dates.

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NOTICE TO JUDGMENT DEBTOR. If you fail to appear at the time and place specified

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in this order, you may be subject to arrest and punishment for contempt of court and the court may

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make an order requiring you to pay the reasonable attorney’s fees incurred by the judgment creditor

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in this proceeding.

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Service of this order creates a lien on the personal property of the judgment debtor identified
herein for a period of one year from the date of this order, unless extended or sooner terminated by
the Court.
IT IS SO ORDERED.

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Dated: November 20, 2015
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184500.doc

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AMENDED ORDER FOR EXAMINATION OF PERSON MOST KNOWLEDGEABLE OF
JUDGMENT DEBTOR HYGIEIA BIOLOGICAL LABORATORIES, INC.
CASE NO.: 2:08-CV-02558-WBS-AC

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Schedule A

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Documents And Things To Be Produced At Hearing Of Judgment Debtor

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You are instructed to produce the following documents or items at your Debtor’s exam:

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1.

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have any interest.

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2.

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not limited to 1) automobiles and other vehicles, 2) boats, 3) household goods, 4) miscellaneous

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furniture and fixtures, belonging to you or in which you have or have had any interest whatsoever,

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either alone or with any other person(s), entity or entities, for four years immediately preceding the

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date of the above hearing.

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3.

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that you have with any landowner, manager, or other person, to include the amount of all deposits and

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last month’s rent..

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4.

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you, or to your account (in whole or in part), including the names of the person(s) and/or firm or

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company from whom monies are being received or due, for two years preceding the date of the above

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hearing.

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5.

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immediately preceding the date of the hearing.

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6.

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debtor’s exam.

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7.

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checking accounts belonging to you or in which you have or have had any interest, whatsoever, either

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alone or jointly with any other person(s), entity or entities for two years preceding the date of the

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hearing.

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8.

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and loan association, credit union or other similar institution, which belong to you or in which you
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AMENDED ORDER FOR EXAMINATION OF PERSON MOST KNOWLEDGEABLE OF
JUDGMENT DEBTOR HYGIEIA BIOLOGICAL LABORATORIES, INC.

A copy of DMV registrations for any vehicle owned by you, leased by you, or in which you

All titles, bills of sale, lease agreements, or contracts of sale regarding property, including but

A full copy of all lease and rental agreements, either as the lessor, lessee, landlord or renter,

List of all accounts receivable, commissions, and/or monies owing to you, held in trust for

Copies of all documents reflecting income or compensation received during the last two years

A copy of your 2012, 2013, & 2014 tax records and filings, for inspection purposes only at the

A copy of all bank statements, canceled checks and checkbooks and checkbook registers for

All savings deposit books or other statements for any savings accounts in any bank, savings

CASE NO.: 2:08-CV-02558-WBS-AC

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have any interest either alone or jointly with any other person(s), entity or entities, for the four years

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immediately preceding the date of the above hearing.

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mortgages, pledge agreement and/or receivables payable to you, for your benefit, or held in trust for

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you, whether or not the same be now due and/or payable, within the four years immediately

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preceding the date of the hearing.

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10.

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belonging to you or in which you have or have had any interest whatsoever either alone or jointly

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with any other person(s), entity or entities, for the four years immediately preceding the date of the

All contracts, notes, money orders, drafts, promissory notes, negotiable instruments,

All evidence and all certificates of any and all stocks, bonds, securities and annuities

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above hearing

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whole or in part), purchased or being purchased, or sold, and which you own or have had any interest

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in whatsoever, either alone or jointly with any other person(s), entity or entities, for the four years

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immediately preceding the date of the hearing.

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12.

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wherever situated in which you own or have had any interest in whatsoever, either alone or jointly

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with any other person(s), entity or entities, for the four years immediately preceding the date of the

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hearing.

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13.

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date of the above hearing.

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14.

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three years preceding the date of the hearing.

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property holdings to which you are party.

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and the amounts in the next five years.

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All titles, deeds or contracts of sale upon real property wherever situated, owned by you (in

All leases, contracts of rent, or other documents relating to the usage of real property

All property assessment notices issued to you within the four years immediately preceding the

Copies of Promissory Notes or other documents evidencing any loans made by you, in the last

Any other documents evidencing any loans, leases, business transactions, security interests or

Any documents reflecting any individual’s or entity’s indebtedness or obligation to pay you

Any documents reflecting your interest in any business, LLC, partnership, or corporation.

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AMENDED ORDER FOR EXAMINATION OF PERSON MOST KNOWLEDGEABLE OF
JUDGMENT DEBTOR HYGIEIA BIOLOGICAL LABORATORIES, INC.
CASE NO.: 2:08-CV-02558-WBS-AC