National Roofing Industry Pension Plan et al v. Fryer Roofing Co., Inc.

Filing 23

ORDER signed by Magistrate Judge Kendall J. Newman on 7/16/2015 GRANTING plaintiffs' 22 Application for Examination Hearing. Judgment Debtor Examination is SET for 9/10/2015 at 10:00 AM in Courtroom 25 (KJN). (Marciel, M)

Richard K. Grosboll, State Bar No. 99729
Lois H. Chang, State Bar No. 278146
NEYHART, ANDERSON, FLYNN & GROSBOLL
369 Pine Street, Suite 800
San Francisco, CA 94104
Tel. [phone]
Fax [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
(Sacramento Division)
NATIONAL ROOFING INDUSTRY
PENSION PLAN, NATIONAL ROOFING
INDUSTRY SUPPLEMENTAL PENSION
PLAN, ROOFERS AND
WATERPROOFERS RESEARCH AND
EDUCATION JOINT TRUST FUND, and
KINSEY ROBINSON, as Trustee,

Case No. 14-cv-01765-MCE-KJN
ORDER FOR APPEARANCE AND
EXAMINATION OF JUDGMENT
DEBTOR

Plaintiffs,
v.
FRYER ROOFING CO., INC., a California
Corporation ;
Defendant.

ORDER
IT IS HEREBY ORDERED as follows:

(continued on next page)

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):

AT-138, EJ-125

Richard K. Grosboll (SBN 099729), Lois H. Chang (SBN 278146)
Neyhart, Anderson, Flynn
369 Pine Street, Suite 800
San Francisco, CA 94104
TELEPHONE NO.: 415-677-6440
FAX NO.: 415-677-9445
ATTORNEY FOR (Name): PLAINTIFFS
NAME OF COURT:
U.S. District Court, Eastern District of California
STREET ADDRESS: 501 I Street, Suite 4-200
MAILING ADDRESS: 501 I Street, Suite 4-200
CITY AND ZIP CODE: Sacramento, CA 95814
BRANCH NAME:
Sacramento Division
PLAINTIFF: National Roofing Industry Pension Plan, et al.
DEFENDANT: Fryer

Roofing Co., Inc.

APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION
X

FOR COURT USE ONLY

CASE NUMBER:

14-cv-1765-MCE-KJN

ENFORCEMENT OF JUDGMENT
ATTACHMENT (Third Person)
X Judgment Debtor
Third Person

ORDER TO APPEAR FOR EXAMINATION
1.
2.

TO (name): David Fryer, on behalf of Fryer Roofing Co., Inc.
YOU ARE ORDERED TO APPEAR personally before this court, or before a referee appointed by the court, to
a. X furnish information to aid in enforcement of a money judgment against you.
b. X answer concerning property of the judgment debtor in your possession or control or concerning a debt you owe the judgment
debtor.
c.
answer concerning property of the defendant in your possession or control or concerning a debt you owe the defendant that
is subject to attachment.
Date: September 10, 2015
Time: 10:00 am
Address of court
X shown above
is:

3.

Dept. or Div.:

th

Rm.: 25, 8 Floor

This order may be served by a sheriff, marshal, registered process server, or the following specially appointed person (name ):

Date:

JUDGE OR REFEREE

This order must be served not less than 10 days before the date set for the examination.

IMPORTANT NOTICES ON REVERSE
APPLICATION FOR ORDER TO APPEAR FOR EXAMINATION
1. X

Judgment creditor
Assignee of record
Plaintiff who has a right to attach order
to appear and furnish information
applies for an order requiring (name): David Fryer, on behalf of Fryer Roofing Co., Inc.
to aid in enforcement of the money judgment or to answer concerning property or debt.
2. The person to be examined is
a. X the judgment debtor.
b.
a third person (1) who has possession or control of property belonging to the judgment debtor or the defendant or (2) who
owes the judgment debtor or the defendant more than $250. An affidavit supporting this application under Code of Civil
Procedure section 491.110 or 708.120 is attached.
3. The person to be examined resides or has a place of business in this county or within 150 miles of the place of examination.
4.
This court is not the court in which the money judgment is entered or (attachment only) the court that issued the writ of
attachment. An affidavit supporting an application under Code of Civil Procedure section 491.150 or 708.160 is attached.

5.

The judgment debtor has been examined within the past 120 days. An affidavit showing good cause for another examination
is attached.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: July 10,

2015

______________Lois H. Chang_______________________

_______________/s/ Lois H. Chang ___________________

(TYPE OR PRINT NAME)

(SIGNATURE OF DECLARANT)
(Continued)

Form Adopted for Mandatory Use
Judifical Council of California

APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION

(Attachment – Enforcement of Judgment)

Code of Civil Procedure

§§ 491.110, 708.110, 708.120

APPEARANCE OF JUDGMENT DEBTOR (ENFORCEMENT OF JUDGMENT)
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 fees incurred by the judgment creditor in this proceeding.

APPEARANCE OF A THIRD PERSON (ENFORCEMENT OF JUDGMENT)
(1) NOTICE TO PERSON SERVED 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 fees incurred by the judgment creditor in this
proceeding.
(2) NOTICE TO JUDGMENT DEBTOR The person in whose favor the judgment was entered in this
action claims that the person to be examined pursuant to this order has possession or control of
property which is yours or owes you a debt. This property or debt is as follows (Describe the
property or debt using typewritten capital letters):
$74,800 owed by Judgment Debtor to Judgment Creditor pursuant to Judgment obtained in the United States District
Court, Eastern District of California on April 28, 2015.
If you claim that all or any portion of this property or debt is exempt from enforcement of the money
judgment, you must file your exemption claim in writing with the court and have a copy personally served
on the judgment creditor not later than three days before the date set for the examination.
You must appear at the time and place set for the examination to establish your claim of exemption or
your exemption may be waived.

APPEARANCE OF A THIRD PERSON (ATTACHMENT)
NOTICE TO PERSON SERVED 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 fees incurred by the plaintiff in this proceeding.

APPEARANCE OF A CORPORATION, PARTNERSHIP,
ASSOCIATION, TRUST, OR OTHER ORGANIZATION
It is your duty to designate one or more of the following to appear and be examined: officers,
directors, managing agents, or other persons who are familiar with your property and debts.

AT-138, EJ-125 (Rev. July 1,2000)

APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION

(Attachment – Enforcement of Judgment)

Page two

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IT IS SO ORDERED.

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Dated: July 16, 2015

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NEYHART, 28
ANDERSON,
FLYNN &
GROSBOLL
ATTORNEYS AT LAW

-4ORDER
Case No. 14-cv-01765-MCE-KJN