Board of Trustees of the Sheet Metal Workers Health Care Plan of Northern California et al v. South City Refrigeration and Air Conditioning, Inc.

Filing 25

ORDER Judgment Debtor Exam (Barbara Marchi, Agent and Employee of the Judgment Debtor) set for 7/20/2010 09:00 AM in Conference Room 4, 3rd Floor, Oakland.. Signed by Judge Donna M. Ryu on 7/7/10. (dmrlc1, COURT STAFF) (Filed on 7/7/2010)

Board of Trustees of the Sheet Metal Workers Health Care Plan o...eration and Air Conditioning, Inc.

Doc. 25

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ERSKINE & TULLEY A PROFESSIONAL CORPORATION MICHAEL J. CARROLL (St. Bar #50246) 220 Montgomery Street, Suite 303 San Francisco, CA 94104 Telephone: [phone] Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

BOARD OF TRUSTEES OF THE SHEET METAL WORKER, et al.,

) ) ) ) Plaintiffs, ) ) vs. ) ) ) SOUTH CITY REFRIGERATION AND AIR ) CONDITIONING, INC., a California ) corporation, also known as SOUTH ) CITY REFRIGERATION & AIR ) CONDITIONING, INC., ) ) ) Defendants. ) ___________________________________)

NO. C 04 3394 CRB (DMR)

ORDER REGARDING JUDGMENT DEBTOR EXAM

The Court having considered all of the documents filed regarding the holding of a Judgment Debtor Exam in this proceeding, and good cause appearing, IT IS HEREBY ORDERED that Barbara Marchi appear for a Judgment Debtor Exam on July 20, 2010, 9:00 a.m. at 1301 Clay Street, Oakland, California, Conference Room 4, 3rd., Floor. Ms. Marchi shall bring the documents listed in the prior Order of Examination a copy
ORDER REGARDING JUDGMENT DEBTOR EXAM

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of which is attached hereto. Order upon the defendant. Dated: July 7, 2010

Plaintiff shall serve a copy of this
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___________g_Do__M._yu __________ _ nna _ R_ Jud e Donna M. Ryu ER C United States Magistrate Judge N OF D
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ORDER REGARDING JUDGMENT DEBTOR EXAM

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ERSKINE & TULLEY A PROFESSIONAL CORPORATION MICHAEL J. CARROLL (St. Bar #50246) 220 Montgomery Street, Suite 303 San Francisco, CA 94104 Telephone: [phone] Attorneys for Plaintiffs

5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) ) ) ) ) Plaintiffs, ) vs. ) ) ) SOUTH CITY REFRIGERATION AND AIR ) CONDITIONING, INC., a California ) corporation, also known as SOUTH ) CITY REFRIGERATION & AIR ) CONDITIONING, INC., ) ) Defendant. ) ) ___________________________________) To: BOARD OF TRUSTEES OF THE SHEET METAL WORKERS, et al., NO. C 04 3394 CRB (DMR)

ORDER OF EXAMINATION

Barbara Marchi, Agent and Employee of the Judgment Debtor South City Refrigeration & Air Conditioning Inc. 338 N. Canal #3 South San Francisco, CA 94080 You the above named judgment debtor ARE HEREBY ORDERED to

appear personally on May 6, 2010 at 9:00 a.m. at 1301 Clay Street, Oakland, CA 94612 Courtroom 4, 3rd Floor, before the Magistrate Judge

ORDER OF EXAMINATION

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Donna M. Ryu then and there to be examined on oath concerning your property or other matters material to the proceedings. You are ordered to bring with you the following documents: 1. book; 2. Title documents to all equipment and vehicles of debtor; 3. All lists and schedules of rented, leased and owned equipment of debtor; 4. Copies of all real property and personal property leases wherein debtor is a party; 5. Copies of all tax bills, deeds, contracts, deeds of The corporation's bylaws, share register and minute

trust or deposit receipts relating to all real and personal property in which any interest is held; 6. Annual Financial Statement for 2009 and all monthly

financial statements for 2009 and 2010; 7. 8. Federal tax returns for the last three years; All bank statements, deposit slips and canceled checks

for all accounts for 2010; 9. 10. for 2008; 11. 12. Cash Disbursement Journals for 2009 and 2010; All documents related to any loans to debtor or by The last tax return filed with the Franchise Tax Board; All accounts receivable lists generated by the Company

debtor by any present or former shareholders, officers or employees of debtor; 13. All documents related to any completed, pending or

failed sale of substantially all corporate assets during the last three years.

ORDER OF EXAMINATION

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All personal guarantees made by any officer, agent or

shareholder for the benefit of debtor.

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 ATTORNEYS' FEES INCURRED BY THE JUDGMENT CREDITOR IN THIS PROCEEDING.
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Dated:_A_ril 9,______ _p ___ 2010

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_____________________________________ Magistrate Judge M. Ryu Donna M. Ryu
Judge D onna
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