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)

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1 Thomas W. Barth, SBN 154075 2 2810 Fifth Street Davis, California 95618 Telephone: (916) 440-8600 Facsimile: (916) 440-9610 Email: tbarth@barth-daly.com 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

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