Pharmaniaga Berhad v. E*Healthline.com, Inc.

Filing 74

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/25/18 CONTINUING hearing on Judgment Debtor Exam to 11/28/2018 at 09:30 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (Mena-Sanchez, L)

AT-138/EJ-125

STATE BARNO.: 234264
ATIORNEY OR PARTY WITHOUT ATIORNEY:
NAME Melanie M. Blunschi
FIRM NAME Latham & Watkins LLP
STREET ADDRESS: 505 Montgomery Street, Suite 2000
STATE: CA
cnv. San Francisco
ZIP CODE: 94111
FAX NO. [phone]
TELEPHONE NO : [phone]
E-MAILADDRESS: [e-mail]
ATIORNEY FOR (name): Pharmaniaga Berhad

FOR COURT USE ONLY

UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF CALIFORNIA
STREET ADDRESS: 501 I. Street
MAILING ADDRESS 501 I Street
crrv AND z1P coDE: Sacramento, CA 95814
BRANCH NAME Sacramento Division
PLAINTIFF Pharmaniaga Berhad
DEFENDANT E*Healthline.com, Inc.

APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION

0

[BJ ENFORCEMENTOFJUDGMENT
[K] Judgment Debtor

ATTACHMENT (Third Person)
Third Person

D

CASE NUMBER:
2: 17-cv-02672-MCE-EFB

ORDER TO APPEAR FOR EXAMINATION

1. TO (name):E*Healthline.com, Inc.
2. YOU ARE ORDERED TO APPEAR personally before this court, or before a referee appointed by the court, to
a. [K] furnish information to aid in enforcement of a money judgment against you.
b. [K] 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.

D

Date: ----------------- Nov. 28, 2018Time: 9:30 a.m
November 7, 2018
Address of court [BJ is shown above
is:

Dept. or Div.:

D

Rm.: 8, 13th Floor

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

October 25, 2018
JUDGE
This order must be served not less than 1 O days before the date set for the examination.

IMPORTANT NOTICES ON REVERSE

APPLICATION FOR ORDER TO APPEAR FOR EXAMINATION

D

D

Plaintiff who has a right to attach order applies for an order
4. [K] Original judgment creditor
Assignee of record
requiring (name): E*Healthline.com, Inc.
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
a. [K] 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.
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.
This court is not the court in which the money judgment is entered or (attachment only) the court that issued the writ of
7.
attachment. An affidavit supporting an application under Code of Civil Procedure section 491.150 or 708.160 is attached.

D

D

8.

D

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
Date: 10/4/2018
Melanie M. Blunschi
(TYPE OR PRINT NAME)
(Continued on reverse)
Form Adopted for Manda!o,y Use
Judlclal Council of CalWomia
AT-138/EJ.125 [RIV. January 1, 20171

APPLICATION AND ORDER FOR
APPEARANCE AND EXAMINATION
(Attachment-Enforcement of Judgment)

Pape 1 af2
Code of Civil Procedure,
§§491.110, 708.110, 708.120, 708.170
www.courts.ca gov

AT-138/EJ-125
In ormat1on or u gment re 1tor egar ing erv1ce
If you want to be able to ask the court to enforce the order on the judgment debtor or any third party, you
must have a copy of the order personally served on the judgment debtor by a sheriff, marshal, registered
process server, or the person appointed in item 3 of the order at least 10 calendar days before the date of
the hearing, and have a roof of service filed with the court.

IMPORTANT NOTICES ABOUT THE ORDER
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 under this order has possession or control of property
that is yours or owes you a debt. This property or debt is as follows (describe the property or debt):

£2,000,000.00 ( at a post-award interest rate of 4% per annum) and $872,953.00 ( at a post-award interest
rate of 3% per annum) owed by E*Hea/thline.com, Inc. to Pharmaniaga Berhad pursuant to judgment
obtained in the United States District Court, Eastern District of California on September 7, 2018

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 .

.
~

Request for Accommodations. Assistive listening systems, computer-assisted real-time captioning, or sign
language interpreter services are available if you ask at least 5 days before your hearing. Contact the clerk's
office for Request for Accommodation (form MC-410). (Civil Code,§ 54.8.)

AT-13B/EJ-12S[Rev.January1,2017]

APPLICATION AND ORDER FOR
APPEARANCE AND EXAMINATION
(Attachment-Enforcement of Judgment)

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