Gordon v Vitalis Partners LLC

Filing 10

ORDER signed by Magistrate Judge Kendall J. Newman on 12/15/2010 ORDERING that defendant and judgment debtor Larry W. Harmon shall appear personally on 1/10/2011 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman, to answer q uestions conceerning real and personal property. NOTICE TO JUDGMENT DEBTOR. IF YOU FAIL TO APPEAR AT THE TIME AND PLACE SPECIFIED IN THIS ORDER, YOU MAY BE SUBJECT TO ARREST AND PUNISHMENT FOR CONTEMPT OF COURT AND THE COURT MAY MAKE AN ORDER REQUIRING YOU TO PAY THE REASONABLE ATTORNEY'S FEES INCURRED BY THE JUDGMENT CREDITOR IN THIS PROCEEDING. (Reader, L)

-KJN Gordon v Vitalis Partners LLC

Doc. 10

1 2 3 4 5 6 7 8 9 10 11 Plaintiffs and Creditors, 12 v. 13 14 15 16 Defendants. 17 18 19 20 21 22 23 24 25 26 This matter proceeds before the undersigned pursuant to Eastern District of California Local Rule 302(c)(11) and 28 U.S.C. § 636(b)(1). 1
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA BEN GORDON, G7, INC, and BG4, INC., No. 2:10-mc-00070 WBS KJN

VITALIS PARTNERS, LLC; LARRY HARMON & ASSOCIATES, P.A.; KCD DEVELOPMENTS, LLC; LARRY HARMON, and individual, and KENNY CRUZ, an individual, /

ORDER FOR APPEARANCE AND EXAMINATION OF JUDGMENT DEBTOR LARRY W. HARMON

Presently before the court is plaintiffs and creditors' ("plaintiffs") Ex Parte Application for Order Requiring Examination of Judgment Debtor Larry W. Harmon.1 (Dkt. No. 8.) Plaintiffs separately filed an Application and Order for Appearance and Examination on Judicial Council of California Form A-138, EJ-125 [Rev. July 1, 2000]. (Dkt. No. 9.) These filings will be referred to collectively as the "Applications." Having concluded that plaintiff's ex parte Applications make the showing required by Federal Rule of Civil Procedure 69(a)(2) and the applicable provisions of California

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Code of Civil Procedure §§ 708.110 et seq., IT IS HEREBY ORDERED that defendant and judgment debtor Larry W. Harmon shall appear personally on Monday, January 10, 2011, at 9:00 a.m., in Courtroom 25 of the United States District Courthouse, located at 501 "I" Street, Sacramento, California, 95814, to answer questions concerning defendant and judgment debtor Larry W. Harmon's real and personal property.2

NOTICE TO JUDGMENT DEBTOR. IF YOU FAIL TO APPEAR AT THE TIME AND PLACE SPECIFIED IN THIS ORDER, YOU MAY BE SUBJECT TO ARREST AND PUNISHMENT FOR CONTEMPT OF COURT AND THE COURT MAY MAKE AN ORDER REQUIRING YOU TO PAY THE REASONABLE ATTORNEY'S FEES INCURRED BY THE JUDGMENT CREDITOR IN THIS PROCEEDING.3
IT IS SO ORDERED. DATED: December 15, 2010 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE

In connection with their request for an order requiring Larry W. Harmon to appear for a judgment debtor examination, plaintiffs request that the court order Mr. Harmon to bring with him documents and other materials in his possession, custody, or control that are responsive to 129 requests for production of documents. The undersigned expresses no view regarding plaintiffs' document requests, and those requests do not form part of this order. Plaintiffs are reminded that such requests must conform to the procedures and other requirements of the Federal Rules of Civil Procedure or the California Code of Civil Procedure. See Fed. R. Civ. P. 69(a)(2) ("In aid of the judgment or execution, the judgment creditor or a successor in interest whose interest appears of record may obtain discovery from any person--including the judgment debtor--as provided in these rules or by the procedure of the state where the court is located."); see also Cal. Civ. Proc Code § 708.030 (addressing, in part, requests for the inspection of documents made by judgment creditors).
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See Cal. Civ. Proc. Code § 708.110(e). 2