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

Filing 174

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 10/1/20 CONTINUING Judgment Debtor Exam to 11/12/2020 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Kaminski, H)

1

Thomas W. Barth, SBN 154075

2

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

3
4
5
6

BARTH DALY LLP

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

7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

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

12
Plaintiffs,

No. 2:13-CV-00288-KJN
STIPULATION AND ORDER CONTINUING
EXAMINATION OF DANIEL M. FOLK

13
v.
14
15
16

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

17

Current Examination Date:
Date:
October 8, 2020
Time:
9:30 a.m.
Ctrm:
25

Defendants.

18
19

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

20

Proposed Examination Date:
Date:
November 12, 2020
Time:
10:00 a.m.
Ctrm:
25

Counter-Claimants,
21
v.
22
23

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

24

Counter-Defendants.

25
This Stipulation and Order Continuing the Examination of Daniel Folk is entered

26
27

into by and among defendants, cross-complainants and judgment creditors Hynes Aviation

28

Industries, Inc., Hynes Children TF Limited and Michael Hynes ("Judgment Creditor"), on the
{00032092}
STIP & ORDER CONTINUING DEBTOR EXAM

2:13-CV-288-KJN

1

one hand and plaintiff, cross-defendant and judgment debtor Sacramento E.D.M., Inc. and Daniel

2

M. Folk (the "Examinee") on the other hand (collectively, the "Parties"), by and through their

3

respective counsel, with reference to the following facts:

4

WHEREAS, on March 9, 2020, Judgment Creditor filed an application for an

5

order requiring Examinee to appear for examination pursuant to Code of Civil Procedure

6

Section 708.110 (the "Application");

7

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

8

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

9

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

10

Section 708.110 (the "Examination");

11
12

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;

13
14

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;

15
16

WHEREAS, the Examination was continued by Minute Order of the Court on
June 24, 2020, to August 27, 2020 at 9:30 a.m. in Courtroom 25;

17

WHEREAS the Examinee and the Judgment Creditor have agreed to reschedule

18

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

19

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

20

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

21

notice, to continue the Examination from August 27, 2020 to October 8, 2020 at 9:30 a.m., or as

22

soon thereafter as the Court may designate;

23

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

24

notice, to continue the Examination from October 8, 2020 to November 12, 2020 at 10:00 a.m., or

25

as soon thereafter as the Court may designate; and

26

WHEREAS, this Stipulation is not entered into and the Proposed Order is not

27

sought for any improper purpose.

28

///
-2-

{00032092}
STIP & ORDER CONTINUING DEBTOR EXAM

2:13-CV-288-KJN

1
2

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

3
4

The Examination is continued from October 8, 2020 to November 12, 2020 at
10:00 a.m.

5

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

6

or direct, for the Examination in Courtroom 25 of this Court on November 12, 2020 at 10:00 a.m.,

7

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

8

Examination shall be required.

9
10

IT IS SO STIPULATED.
Dated: October 1, 2020

Respectfully submitted,

11

BARTH DALY LLP

12

By

13

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

14
15
16

/s/Thomas W. Barth
THOMAS W. BARTH

Dated: October 1, 2020

17

BRIAN R. KATZ, Attorney at Law
By

18

/s/Brian R. Katz
BRIAN R. KATZ

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

19
20
21
22
23
24
25
26
27
28

-3-

{00032092}
STIP & ORDER CONTINUING DEBTOR EXAM

2:13-CV-288-KJN

1

ORDER

2

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

3

IT IS HEREBY ORDERED THAT:

4

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

5

Section 708.110 is continued from October 8, 2020, to November 12, 2020, at 10:00 a.m., in

6

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

7

(Zoom) as the Court may instruct or direct for the Examination on November 12, 2020, unless the

8

Parties stipulate to a further continuance prior to that date.
(3)

9

IT IS SO ORDERED.

10
11

No further notice of the Examination shall be required.

Dated: October 1, 2020

12
13
14
15
288.stipext

16
17
18
19
20
21
22
23
24
25
26
27
28
-4-

{00032092}
STIP & ORDER CONTINUING DEBTOR EXAM

2:13-CV-288-KJN