Walters et al v. Golden Gate Crane & Rigging, Inc.

Filing 145

ORDER Setting Debtor's Examination of Judgment Debtor Robert Newberry, ORDER TO SHOW CAUSE. Show Cause Response due by 12/21/2011. Judgment Debtor Exam set for 1/18/2012 09:00 AM. Signed by Magistrate Judge Donna M. Ryu on 12/07/2011. (dmrlc1, COURT STAFF) (Filed on 12/7/2011)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 KEN WALTERS, et al., 11 For the Northern District of California United States District Court 10 Plaintiffs, 12 v. No. C-06-01906 WHA (DMR) Consolidated with No. C-06-05396 WHA (DMR) 13 GOLDEN GATE CRANE & RIGGING, INC., 14 Defendant. ___________________________________/ ORDER SETTING DEBTOR’S EXAMINATION OF JUDGMENT DEBTOR ROBERT NEWBERRY; ORDER TO SHOW CAUSE 15 16 KEN WALTERS, et al., 17 Plaintiffs, 18 v. 19 20 GOLDEN GATE CRANE & RIGGING, INC., ROBERT NEWBERRY, SUE NEWBERRY, et al. 21 Defendants. 22 ___________________________________/ 23 On August 23, 2011, the court set these matters for a debtor’s examination to take place on 24 December 7, 2011 at 9:30 a.m. [Docket Nos. 135, 136 (Case No. 06-1906); Docket Nos. 100, 102 25 (Case No. 06-5396).] Judgment Debtor Robert Newberry did not appear on December 7, 2011. 26 Additionally, on November 3, 2011, the court issued an order for the parties to meet and confer 27 regarding their discovery dispute. [Docket No. 142 (Case No. 06-1906).] On December 7, 2011, 28 1 counsel for Plaintiffs represented that Mr. Newberry had not responded to her efforts to meet and 2 confer about discovery. 3 Therefore, IT IS HEREBY ORDERED that Robert Newberry, as an officer of Judgment 4 Debtor Golden Gate Crane & Rigging and in his personal capacity, shall personally appear on 5 January 18, 2012 at 9:00 a.m. at the U.S. District Court, 1301 Clay Street, Oakland, California 6 94612 to be examined under oath concerning Judgment Debtor's property or other matters material 7 to the proceeding. For courtroom number and floor information, please check the court’s on-line 8 calendar at (click “Calendars” link on left side, click link to Judge 9 Ryu’s calendar) or call Judge Ryu’s Courtroom Deputy, Ivy Garcia, at (510) 637-3639, one week IT IS FURTHER ORDERED that by no later than December 21, 2011, Robert Newberry 12 shall show cause in writing why sanctions should not issue for his failure to appear at the December 13 7, 2011 debtor's examination and failure to meet and confer in good faith regarding the disputed 14 discovery. Defendants and shall e-file a proof of service on the same day that service is effected. 17 20 Dated: December 7, 2011 21 DERED O OR IT IS S NO DONNA M. RYU . Ryu onna MJudge United States Magistrate udge D 22 RT ER H 23 J 24 25 26 27 28 2 R NIA 19 FO IT IS SO ORDERED. S 18 S DISTRICT TE C TA LI 16 Immediately upon receipt of this Order, Plaintiffs shall serve a copy of this Order on A 15 UNIT ED For the Northern District of California 11 prior to the scheduled hearing. RT U O United States District Court 10 N F D IS T IC T O R C

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