Woodward v. BC Oil Logistics, LLC

Filing 20

ORDER to APPEAR for EXAMINATION signed by Magistrate Judge Kendall J. Newman on 5/26/15. Judgment Debtor Exam set for 6/25/2015 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Dillon, M)

AT-138, EJ-125
ATTORNEY OR PARTY W ITHOUT ATTORNEY (Name, state bar number, and address):

FOR COURT USE ONLY

Mark A. Serlin, CSBN: 122155
SERLIN & WHITEFORD, LLP
700 E Street
Sacramento, CA 95814
TELEPHONE NO.:
ATTORNEY FOR (Name):
NAME OF COURT:
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:

PLAINTIFF:
DEFENDANT:

FAX NO.: [phone]
[phone]
Laurie Woodward
U.S. District Court
501 I Street, Room 4-200
501 I Street, Room 4-200
Sacramento, CA 95814
Eastern District of California
Laurie Woodward

BC Oil Logistics, LLC

APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION

CASE NUMBER:

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

2:14-cv-02902-WBS-KJN

ORDER TO APPEAR FOR EXAMINATION
1. TO (name): BC Oil Logistics, LLC, by and through its agent Jeff Lamson
2. 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.
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: June 25, 2015
Time: 10:00 a.m.
Address of court X shown above
is:

Dept. or Div.:

25

Rm.:

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

/s/ Kendall J. Newman
Date: May 26, 2015

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
4.

X

Judgment creditor

Assignee of record

Plaintiff who has a right to attach order

applies for an order requiring (name): BC Oil Logistics, LLC, by and through its agent Jeff Lamson to appear and furnish information
to aid in enforcement of the money judgment or to answer concerning property or debt.
5. The person to be examined is
X the judgment debtor
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.
6. The person to be examined resides or has a place of business in this county or within 150 miles of the place of examination.
7.
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.
8.

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: May 21, 2015

/s/ Mark A. Serlin

MARK A. SERLIN
(TYPE OR PRINT NAME)
Form Adopted for Mandatory Use
Judicial Council of California

(Continued on reverse)

(Attachment — Enforcement of Judgment)
APPLICATION AND ORDER

(SIGNATURE OF DECLARANT)
Code of Civil Procedure
§§ 491.110, 708.110, 708.120

AT-138, EJ-125 [Rev. July 1, 2000]

FOR APPEARANCE AND EXAMINATION

(Attachment — Enforcement of Judgment)

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):

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)

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