Gordon v Vitalis Partners LLC

Filing 70

ORDER for APPEARANCE and EXAMINATION as to Custodian of Records for Morgan Stanley Smith Barney ("Custodian") signed by Magistrate Judge Kendall J. Newman on 5/16/2012. The Custodian shall appear on 7/9/2012 at 9:00 AM in Courtroom 25 (KJN) to furnish information aiding the enforcement of Judgment againtst Larry Harmon. (Marciel, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BEN GORDON, G7, INC., and
BG4, INC.,

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Plaintiffs and Creditors,

No. 2:10-mc-00070 WBS KJN

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v.
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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 CUSTODIAN OF
RECORDS FOR MORGAN STANLEY
SMITH BARNEY

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Defendants.
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Presently before the court is plaintiffs’ and judgment creditors’ (“plaintiffs”)

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Application For Appearance And Examination Of Third Party (“Application”).1 (Application,

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Dkt. No. 60.) Pursuant to Federal Rule of Civil Procedure 69 and California Code of Civil

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Procedure § 708.130(a), plaintiffs seek an order requiring the Custodian of Records for Morgan

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Stanley Smith Barney, a third party witness, to appear as a witness and furnish information to aid

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in the enforcement of the money judgment entered in this case. (Application at 1). Defendants

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This matter proceeds before the undersigned pursuant to Eastern District of California
Local Rule 302(c)(11) [“Examinations of judgment debtors”] and 28 U.S.C. § 636(b)(1).
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and judgment debtors (“defendants”) have not filed an opposition to the Application. The court

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having considered the pleadings filed in connection with the Application, and pursuant to Federal

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Rule of Civil Procedure 69 and California Code of Civil Procedure § 708.130(a), grants the

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Application. (Dkt. No. 60.)

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IT IS HEREBY ORDERED:

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1. The Custodian of Records for Morgan Stanley Smith Barney (“Custodian”)

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shall appear personally before this court, on Monday, July 9, 2012, at 9:00 a.m.,2 in Courtroom

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25 of the United States District Courthouse, located at 501 “I” Street, Sacramento, California,

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95814, to furnish information to aid in the enforcement of a judgment against Larry Harmon.

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2. This order may be served by the United States Marshal Service or registered
process server.

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3. This order must be served not less than ten days before the date set for the
Custodian’s examination.

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NOTICE TO PERSON SERVED. If you fail to appear at the time and place

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

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and the court may make an order requiring you to pay the reasonable attorney's fees

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incurred by the judgment creditor in this proceeding.

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NOTICE TO JUDGMENT DEBTOR. The person in whose favor the

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judgment was entered in this action claims that the person to be examined pursuant to this

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order has possession or control of property which is yours or owes you a debt. This

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property or debt is as follows: Real or personal property of any nature kind or description

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and all claims, debts and/or obligations of any nature kind or description now owing or

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hereafter owing to you by Harmon-Castillo, LLP. If you claim that all or any portion of

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If the parties and witness wish to select a different date and time for this examination
and are in agreement on such a change, they are welcome to select a different date and time and
so inform the court.
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this property or debt is exempt from enforcement of the money judgment, you must file

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your exemption claim in writing with the court and personally serve a copy on the

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judgment creditor not later than three days before the date set for the examination. You

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must appear at the time and place set for this examination to establish your claim of

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exemption or your exemption may be waived.

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IT IS SO ORDERED.
DATED: May 16, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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