Zurich American Insurance Company of Illinois v. Accuire, LLC et al

Filing 35

ORDER signed by Magistrate Judge Allison Claire on 11/17/2020 ORDERING Judgment Debtor Accuire to appear for Judgment Debtor Exam set for 12/16/2020 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Zignago, K.)

Case 2:18-cv-02065-JAM-AC Document 35 Filed 11/18/20 Page 1 of 6

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION

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11 ZURICH AMERICAN INSURANCE

Case No. 2:18-cv-02065-JAM-AC

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ORDER ON APPLICATION FOR
APPEARANCE AND
EXAMINATION RE
ENFORCEMENT OF JUDGMENT
OF JUDGMENT DEBTOR
ACCUIRE, LLC AND
COMPELLING PRODUCTION OF
DOCUMENTS

COMPANY OF ILLINOIS,
Plaintiff,

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v.
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ACCUIRE, LLC and DOES 1 to 100,
15 inclusive,
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Defendants.

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Judge: Hon. Allison Claire
Ctrm: 26, 8th Floor
Hearing Date: December 16, 2020
Hearing Time: 10:00 a.m.

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Complaint Filed: July 28, 2018

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The Court entered judgment on October 21, 2019, 2020, against

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Defendant/Judgment Debtor ACCUIRE, LLC (“ACCUIRE”) after granting the

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motion for summary judgment by Plaintiff/Judgment Creditor ZURICH

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AMERICAN INSURANCE COMPANY OF ILLINOIS (“ZURICH”) (Docs. 20

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and 21), and amended said judgment on December 16, 2019 after granting

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ZURICH’s motion to amend (Docs. 30 and 31). On November 2, 2020, the Ninth

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Circuit affirmed the judgment and denied ACCUIRE’s appeal. (Doc. 33).

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ORDER ON APPLICATION FOR ORDER OF DEBTOR’S EXAM AND PRODUCTION OF DOCUMENTS

Case 2:18-cv-02065-JAM-AC Document 35 Filed 11/18/20 Page 2 of 6

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Pursuant to ZURICH’s Application for Appearance and Examination re

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Enforcement of Judgment (“Debtor’s Exam”) of Judgment Debtor ACCUIRE and

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Order Compelling Production of Documents, and Federal Rule of Civil Procedure

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69(a)(1), and California Code of Civil Procedure §§ 708.030, 708.110, and

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708.150(a), the Court issues the following orders:

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THE COURT NOW ORDERS AS FOLLOWS:

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1. The corporate representative(s) designated per Cal. Code of Civ. Proc. §

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708.150(a) & (c) of Judgment Debtor ACCUIRE shall appear personally

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on Wednesday, December 16, 2020, at 10:00 a.m. in Courtroom 26,

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on the 8th Floor of the United District Court for the Eastern District

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of California, Sacramento Division, 501 I Street, Sacramento, CA

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95814 for a Debtor’s Examination to furnish information to aid in

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enforcement of a money judgment by answering questions. Additionally,

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at least 2 court days before the date for the examination, ACCUIRE

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shall provide to ZURICH’s counsel legible copies of all pertinent

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documents regarding ACCUIRE’s assets, bank accounts, investment

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accounts, contracts, business relationships, accounts receivable, personal

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property, real property, and other debts, including the following: account

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statements for each and every bank account, investment account and

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pension and/or retirement account (for the last two years); a list of all

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clients, including client names, addresses, emails, telephone numbers and

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contact persons; all current client contracts; invoices to clients with

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outstanding balances owed; accounts receivable documentation including

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the name and contact information for each client owing ACCUIRE and

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the amount owed; profit and loss statements (for the last two years);

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balance sheets (for the last two years); any real property deeds; personal

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property ownership documents and/or purchase receipts; assignments of

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right to payment; documents identifying subsidiary or parent companies
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ORDER ON APPLICATION FOR ORDER OF DEBTOR’S EXAM AND PRODUCTION OF DOCUMENTS

Case 2:18-cv-02065-JAM-AC Document 35 Filed 11/18/20 Page 3 of 6

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(for the last seven years); payroll documentation (for the last two years);

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IRS forms 941 and 940 (for the last two years); federal and state tax

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returns (for the last two years); lines of credit and/or loans (for the last

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two years); documents regarding other outstanding debts, judgments,

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attachments, or liens; documents regarding all other assets and/or sources

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of income not already included above (for the last two years); list(s)

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(including contract information) of all shareholders, directors and

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corporate officers for the last seven years; agreements and documentation

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regarding any corporate or membership shares, rights, or lines of business

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purchased or sold in the last seven years; agreements, communications

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and other documents regarding any business transactions between

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ACCUIRE and any of the following: ALEX CAMPOS; AMAZING

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INSURANCE, INC.; MICHAEL DIMANNO; SAMUEL HALE, LLC;

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BEAN TEAM NETWORK; BEAN TEAM NETWORK II; CHARLES

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MUSGROVE; CAPM HOLDINGS, LLC; KAISERKANE

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CONSULTING, INC.; MELISSA OGLESBY; GARDNER

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INVESTMENT HOLDINGS, LLC; RICHARD J. GARDNER;

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VFORCE, INC.; VF STAFFING, LLC; V.F. STAFFING, LLC;

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VFORCE STAFFING SOLUTIONS, MARK NOBILI; MANI

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KONTOKANIS; VIK JAIN; GERALD ANDERTON; CORTECH, LLC.

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2. Alternatively, given the Eastern District’s orders restricting personal

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appearances at the Court due to the ongoing Covid-19 pandemic, the

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Court orders the representative(s) per Cal. Code of Civ. Proc. §

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708.150(a) for Judgment Debtor ACCUIRE and ZURICH’s counsel

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to appear telephonically or by videoconference before the Magistrate

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on Wednesday, December 16, 2020 at 10 a.m., and after said hearing,

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ZURICH’s counsel shall conduct the Debtor’s examination of

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ACCUIRE’s § 708.150(a) representative(s) by videoconference
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ORDER ON APPLICATION FOR ORDER OF DEBTOR’S EXAM AND PRODUCTION OF DOCUMENTS

Case 2:18-cv-02065-JAM-AC Document 35 Filed 11/18/20 Page 4 of 6

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service Zoom, providing the videoconference link to ACCUIRE or its

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counsel before the examination. This alternative order is mandatory if

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personal appearances are not allowed at the courthouse due to Covid-19,

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and may be stipulated to by counsel, even if personal appearances are

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allowed. In the event personal appearance is allowed at the time of the

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examination, the parties shall notify the Court of any stipulation for

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telephonic/videoconference appearance and Zoom examination at least

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seven days before the scheduled examination date. ACCUIRE is also

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ordered to produce legible copies of the following documents to Zurich’s

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counsel at least 2 court days prior to the examination: account

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statements for each and every bank account, investment account and

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pension and/or retirement account (for the last two years); a list of all

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clients, including client names, addresses, emails, telephone numbers and

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contact persons; all current client contracts; invoices to clients with

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outstanding balances owed; accounts receivable documentation including

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the name and contact information for each client owing ACCUIRE and

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the amount owed; profit and loss statements (for the last two years);

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balance sheets (for the last two years); any real property deeds; personal

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property ownership documents and/or purchase receipts; assignments of

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right to payment; documents identifying subsidiary or parent companies

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(for the last seven years); payroll documentation (for the last two years);

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IRS forms 941 and 940 (for the last two years); federal and state tax

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returns (for the last two years); lines of credit and/or loans (for the last

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two years); documents regarding other outstanding debts, judgments,

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attachments, or liens; documents regarding all other assets and/or sources

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of income not already included above (for the last two years); list(s)

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(including contract information) of all shareholders, directors and

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corporate officers for the last seven years; agreements and documentation
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ORDER ON APPLICATION FOR ORDER OF DEBTOR’S EXAM AND PRODUCTION OF DOCUMENTS

Case 2:18-cv-02065-JAM-AC Document 35 Filed 11/18/20 Page 5 of 6

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regarding any corporate or membership shares, rights, or lines of business

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purchased or sold in the last seven years; agreements, communications

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and other documents regarding any business transactions between

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ACCUIRE and any of the following: ALEX CAMPOS; AMAZING

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INSURANCE, INC.; MICHAEL DIMANNO; SAMUEL HALE, LLC;

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BEAN TEAM NETWORK; BEAN TEAM NETWORK II; CHARLES

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MUSGROVE; CAPM HOLDINGS, LLC; KAISERKANE

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CONSULTING, INC.; MELISSA OGLESBY; GARDNER

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INVESTMENT HOLDINGS, LLC; RICHARD J. GARDNER;

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VFORCE, INC.; VF STAFFING, LLC; V.F. STAFFING, LLC;

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VFORCE STAFFING SOLUTIONS, MARK NOBILI; MANI

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KONTOKANIS; VIK JAIN; GERALD ANDERTON; CORTECH, LLC.

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3. ACCUIRE is advised per California Code of Civil Procedure §

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708.150(c) that ACCUIRE must designate to appear and be examined

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one or more officers, directors, managing agents, or other persons who

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are familiar with its property and debts, pursuant to § 708.150(a).

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4. The following notice is also provided pursuant to California Code of

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Civil Procedure § 708.110(e):

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NOTICE TO JUDGMENT DEBTOR. IF YOU FAIL

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TO APPEAR AT THE TIME AND PLACE

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SPECIFIED IN THIS ORDER, YOU MAY BE

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SUBJECT TO ARREST AND PUNISHMENT FOR

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CONTEMPT OF COURT AND THE COURT MAY

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MAKE AN ORDER REQUIRING YOU TO PAY

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THE REASONABLE ATTORNEY’S FEES

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INCURRED BY THE JUDGMENT CREDITOR IN

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THIS PROCEEDING.
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ORDER ON APPLICATION FOR ORDER OF DEBTOR’S EXAM AND PRODUCTION OF DOCUMENTS

Case 2:18-cv-02065-JAM-AC Document 35 Filed 11/18/20 Page 6 of 6
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3 DATED: November 17, 2020
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ORDER ON APPLICATION FOR ORDER OF DEBTOR’S EXAM AND PRODUCTION OF DOCUMENTS