Wallis et al v. Centennial Insurance Company Inc et al

Filing 330

AMENDED 322 ORDER signed by Magistrate Judge Allison Claire on 12/21/2015. Judgment Debtor Dale M. Wallis shall appear on 1/20/2016 at 10:00 AM in Courtroom 26 (AC) for hearing of examination of documents. (Marciel, M)

1
2
3
4
5
6

Gary R. Selvin, State Bar No. 112030
Robin D. Korte State Bar No. 182553
SELVIN WRAITH HALMAN LLP
505 14th Street, Suite 1200
Oakland, CA 94612
Telephone:
[phone]
Facsimile:
[phone]
E-mail: [e-mail]
[e-mail]
Attorneys for Defendants
Centennial Insurance Co. and Atlantic Mutual Insurance Co. Inc.

7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA - SACRAMENTO

10
11
12

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

13
Plaintiffs,
14

Magistrate Judge Allison Claire, Courtroom 26,
8th Floor

v.
15
16
17
18

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

AMENDED ORDER FOR EXAMINATION
OF JUDGMENT DEBTOR DALE M.
WALLIS
Date:
Time:
Courtroom:

January 20, 2016
10:00 a.m.
26, 8th Floor

19
20
21
22

TO ALL PARTIES HEREIN AND TO THEIR RESPECTIVE ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that judgment debtor Dale M. Wallis is ordered to appear for an

23

examination on January 20, 2016 at 10:00 a.m., at the United States District Court for the Eastern

24

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

25

8th Floor, Sacramento, CA 95814, before a certified shorthand reporter. You are further instructed to

26

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

27

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

28

location, until completed or unless the parties agree on other mutually convenient dates.
1
Amended Order for Examination of Judgment Debtor Dale M. Wallis
CASE NO.: 2:08-CV-02558-WBS-AC

1

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

2

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

3

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

4

in this proceeding.

5

Service of this order creates a lien on the personal property of the judgment debtor identified

6

herein for a period of one year from the date of this order, unless extended or sooner terminated by

7

the Court.

8

IT IS SO ORDERED.

9
Dated: December 21, 2015
10
11
12
185834.doc

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Amended Order for Examination of Judgment Debtor Dale M. Wallis
CASE NO.: 2:08-CV-02558-WBS-AC

Schedule A

1
2

Documents And Things To Be Produced At Hearing Of Judgment Debtor

3
4

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

5

1.

6

or in which you have any interest.

7

2.

8

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

9

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

10

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

11

date of the above hearing.

12

3.

A copy of all wage receipts for the two (2) years prior to this hearing.

13

4.

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

14

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

15

last month’s rent.

16

5.

A copy of any divorce decree or divorce judgment in which you are a party.

17

6.

List of all wages, commissions, salaries, draws, deposits, bonuses and/or monies owing to

18

you, held in trust for you, or to your account (in whole or in part), including the names of the

19

person(s) and/or firm or company from whom monies are being received or due, for two years

20

preceding the date of the above hearing.

21

7.

22

during the last two years immediately preceding the date of the hearing, including W-2s, 1099’s, K-1

23

statements, forms and estimates of State and Federal taxes for 2013, 2014, or 2015.

24

8.

25

debtor’s exam.

26

9.

27

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

28

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

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

All titles, bills of sale, lease agreements, or contracts of sale upon personal property, including

Copies of all documents reflecting remuneration, income, or partner compensation received

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

3
Amended Order for Examination of Judgment Debtor Dale M. Wallis
CASE NO.: 2:08-CV-02558-WBS-AC

1

hearing.

2

10.

3

and loan association, credit union or other similar institution, which belong to you or in which you

4

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

5

immediately preceding the date of the above hearing.

6

11.

7

years preceding the date of the hearing.

8

12.

9

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

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

A listing of all monies from an estate or inheritance received by you as beneficiary for four

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

10

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

11

preceding the date of the hearing.

12

13.

13

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

14

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

15

above hearing

16

14.

17

wherever situated, owned by you (in whole or in part), purchased or being purchased, or sold, and

18

which you own or have had any interest in whatsoever, either alone or jointly with any other

19

person(s), entity or entities, for the four years immediately preceding the date of the hearing.

20

15.

21

date of the above hearing.

22

16.

23

in the last three years preceding the date of the hearing.

24

17.

25

property holdings to which you are a party.

26

18.

27

and the amounts in the next five years.

28

19.

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

All titles, deeds or contracts of sale upon real property and mobile/manufactured homes

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

Copies of Promissory Notes or other documents evidencing any personal loans made by you,

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 any Accounts Receivable.

4
Amended Order for Examination of Judgment Debtor Dale M. Wallis
CASE NO.: 2:08-CV-02558-WBS-AC

1

20.

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

2
185834.doc

3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5
Amended Order for Examination of Judgment Debtor Dale M. Wallis
CASE NO.: 2:08-CV-02558-WBS-AC