Sacramento E.D.M., Inc., et al. v. Hynes Aviation Industries, Inc., et al.

Filing 170

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 6/24/2020 CONTINUING the Examination from 6/25/2020 to 8/27/2020 at 10:00 a.m. The Examinee shall appear via video conference (Zoom) as the Court may instruct or direct, for the Examination in Courtroom 25 of this Court on 8/27/2020 at 10:00 a.m., unless the Parties stipulate to a further continuance prior to that date. (Becknal, R)

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Thomas W. Barth, SBN 154075

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2810 Fifth Street
Davis, California 95618
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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BARTH DALY LLP

Attorneys for HYNES AVIATION
INDUSTRIES, INC., HYNES CHILDREN TF
LIMITED and MICHAEL HYNES

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO E.D.M., INC., a California
corporation; DAN FOLK, an individual,

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Plaintiffs,
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v.

No. 2:13-CV-00288-KJN
STIPULATION AND ORDER (1) TO FILE
SECOND AMENDED JUDGMENT AND (2)
CONTINUING EXAMINATION OF
DANIEL M. FOLK

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HYNES AVIATION INDUSTRIES,
INC., dba HYNES AVIATION
SERVICES, HYNES CHILDREN TF
LIMITED; MICHAEL K. HYNES,

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Current Examination Date:
Date:
June 25, 2020
Time:
10:00 a.m.
Ctrm:
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Defendants.

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HYNES AVIATION INDUSTRIES,
INC., an Oklahoma corporation;
MICHAEL K. HYNES, an individual,

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Proposed Examination Date:
Date:
August 27, 2020
Time:
10:00 a.m.
Ctrm:
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Counter-Claimants,
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v.
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SACRAMENTO E.D.M., INC., a California
corporation; DAN FOLK, an individual,

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Counter-Defendants.

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This Stipulation and Order (1) To File Second Amended Judgment and

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(2) Continuation of the Examination of Daniel Folk is entered into by and among defendants,

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cross-complainants and judgment creditors Hynes Aviation Industries, Inc., Hynes Children TF
{00030932}
STIP & ORDER RE SECOND AMENDED JUDGMENT AND CONTINUATION OF DEBTOR EXAM

2:13-CV-288-KJN

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Limited and Michael Hynes ("Judgment Creditor"), on the one hand and plaintiff, cross-defendant

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and judgment debtor Sacramento E.D.M., Inc. and Daniel M. Folk (the "Examinee") on the other

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hand (collectively, the "Parties"), by and through their respective counsel, with reference to the

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following facts:

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WHEREAS, the Parties have agreed on a form of the Second Amended Judgment,

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to clarify and correct the allocation of restitution ordered concerning the US Banc judgment, as

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detailed in the proposed Second Amended Judgment, filed concurrently herewith;

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WHEREAS, on March 9, 2020, Judgment Creditor filed an application for an
order requiring Examinee to appear for examination pursuant to Code of Civil Procedure
Section 708.110 (the "Application");

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WHEREAS, on March 16, 2020, the Court entered an order granting the

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Application, pursuant to which the Examinee was required to appear at the Court on May 11,

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2020 at 10:00 a.m. in Courtroom 25 for an examination pursuant to Code of Civil Procedure

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Section 708.110 (the "Examination");

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WHEREAS, the Examination was continued by Minute Order of the Court on
May 5, 2020, to June 11, 2020 at 9:30 a.m. in Courtroom 25;

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WHEREAS, the Examination was continued by Minute Order of the Court on
May 6, 2020, to June 25, 2020 at 9:30 a.m. in Courtroom 25;

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WHEREAS the Examinee and the Judgment Creditor have agreed to reschedule

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the Examination in order to accommodate the discussion and exchange of information and

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settlement efforts by the parties, subject to the terms and conditions of the proposed order;

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WHEREAS the Parties have agreed, subject to Court approval and without further

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notice, to continue the Examination from June 25, 2020 at 9:30 a.m. to August 27, 2020 at

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10:00 a.m., or as soon thereafter as the Court may designate; and

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WHEREAS, this Stipulation is not entered into and the Proposed Order is not
sought for any improper purpose.

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NOW, THEREFORE, the Parties hereby stipulate, agree and respectfully request
that the Court enter an Order that:
{00030932}

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STIP & ORDER RE SECOND AMENDED JUDGMENT AND CONTINUATION OF DEBTOR EXAM

2:13-CV-288-KJN

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The Second Amended Judgment be signed and filed by the Court as the Second
Amended Judgment.

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The Examination is continued from June 25, 2020 to August 27, 2020 at
10:00 a.m.

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The Examinee shall appear via video conference (Zoom) as the Court may instruct

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or direct, for the Examination in Courtroom 25 of this Court on August 27, 2020 at 10:00 a.m.,

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unless the Parties stipulate to a further continuance prior to that date. No further notice of the

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Examination shall be required.

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IT IS SO STIPULATED.
Dated: June 22, 2020

Respectfully submitted,

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BARTH DALY LLP

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By

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Attorneys for Judgment Creditors HYNES AVIATION
INDUSTRIES, INC., HYNES CHILDREN TF LIMITED
and MICHAEL HYNES

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/s/Thomas W. Barth
THOMAS W. BARTH

Dated: June 22, 2020

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BRIAN R. KATZ, Attorney at Law
By

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/s/Brian R. Katz
BRIAN R. KATZ

Attorneys for Judgment Debtors SACRAMENTO E.D.M.,
INC. AND DANIEL FOLK

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{00030932}

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STIP & ORDER RE SECOND AMENDED JUDGMENT AND CONTINUATION OF DEBTOR EXAM

2:13-CV-288-KJN

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ORDER

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Pursuant to the parties' stipulation and good cause appearing therefor,

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IT IS HEREBY ORDERED THAT:

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(1)

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The Second Amended Judgment be signed and filed by the Court as the

Second Amended Judgment.
(2)

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The Examination of Daniel M. Folk pursuant to Code of Civil Procedure

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Section 708.110 is continued from June 25, 2020, to August 27, 2020, at 10:00 a.m., in

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Courtroom 25 of the above-entitled Court. Daniel M. Folk shall appear via video conference

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(Zoom) as the Court may instruct or direct for the Examination on August 27, 2020, unless the

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Parties stipulate to a further continuance prior to that date.

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(3)

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IT IS SO ORDERED.

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No further notice of the Examination shall be required.

Dated: June 24, 2020

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Jr/288.edm

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{00030932}

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STIP & ORDER RE SECOND AMENDED JUDGMENT AND CONTINUATION OF DEBTOR EXAM

2:13-CV-288-KJN