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

Filing 155

ORDER re 153 SETTING DEBTORS EXAMINATION OF JUDGMENT DEBTOR ROBERT NEWBERRY by John Bonilla, Trustees of the Operating Engineers & Participating Employers Pre-Apprenticeship, Apprentice & Journeymen Affirmative Action Training Fund, Trustees of the Operating Engineers Vacation and Holiday Plan, Trustees of the Pension Trust Fund for Operating Engineers, Trustees of the Pensioned Operating Engineers Health and Welfare Fund, Ken Walters. Judgment Debtor Exam set for 4/25/2012 09:30 AM. Signed by Magistrate Judge Donna M. Ryu on 01/17/2012. (dmrlc1, COURT STAFF) (Filed on 1/17/2012)

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1 Muriel B. Kaplan, Esq. (SBN 124607) Shaamini A. Babu, Esq. (SBN 230704) 2 Julie A. Ostil, Esq. (SBN 215202) SALTZMAN & JOHNSON LAW CORPORATION 3 44 Montgomery St., Suite 2110 San Francisco, CA 94104 4 (415) 882-7900 (415) 882-9287 – Facsimile 5 mkaplan@sjlawcorp.com jostil@sjlawcorp.com 6 Attorneys for Plaintiffs 7 8 UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 (OAKLAND DIVISION) 11 KEN WALTERS and JOHN BONILLA, in their respective capacities as Trustees of the 12 OPERATING ENGINEERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN 13 CALIFORNIA, et al., 14 Plaintiffs, 15 v. 16 GOLDEN GATE CRANE & RIGGING, INC., 17 Case No.: C06-1906 WHA [DMR] Consolidated With Case No.: C06-5396 WHA [DMR] [PROPOSED] AMENDED ORDER SETTING DEBTOR’S EXAMINATION OF JUDGMENT DEBTOR ROBERT NEWBERRY AS MODIFIED Defendant. 18 KEN WALTERS and JOHN BONILLA, in 19 their respective capacities as Trustees of the OPERATING ENGINEERS HEALTH AND 20 WELFARE TRUST FUND FOR NORTHERN 21 CALIFORNIA, et al., Plaintiffs, 22 v. 23 GOLDEN GATE CRANE & RIGGING, INC., 24 ROBERT NEWBERRY, SUE NEWBERRY, 25 et al., Defendants. 26 27 28 /// -1[PROPOSED] AMENDED ORDER SETTING NEWBERRY’S DEBTOR’S EXAMINATION CASE NO.: C06-1906 WHA [DMR] & C06-5396 WHA [DMR] G:\DMRALL\CASES\CIVIL\2006 CLOSED\Consolidated cases 06.1906.WHA and 06.5396.WHA.Walters et al\FILED.06-1906.Order Setting Newberry Judgment Debtor's Exam 011712.DOC 1 Pursuant to Order Re Plaintiffs’ Request for Reconsideration of January 3, 2012 Order 2 (Docket No. 151), and Good Cause Appearing therefore, 3 IT IS HEREBY ORDERED, ADJUDGED and DECREED that: 4 1. Judgment Debtor Robert Newberry shall personally appear on April 25, 2012 at 5 9:30 a.m. at Oakland Courthouse, Courtroom 4 - 3rd Floor, 1301 Clay Street, Oakland, CA 6 94612, California before the Magistrate Judge Donna M. Ryu then and there to be examined on 7 oath concerning Judgment Debtor’s property or other matters material to the proceeding. 8 2. Judgment Creditors shall serve personally Robert Newberry with a copy of this 9 Order and shall provide proof of such service to the Court not less than five (5) days before the 10 Judgment Debtor Examination. 11 3. Should Judgment Debtor fail or refuse to appear at the Judgment Debtor 12 Examination herein scheduled, or to produce the documents pursuant to F.R.C.P. 34, this Court 13 may certify the facts of the Judgment Debtor’s contempt to the District Court pursuant to 28 14 U.S.C. § 636(e), and the District Court may adjudicate Judgment Debtor guilty of civil contempt 15 of its orders and may issue a warrant or seizure order to compel compliance with this Order. 16 17 18 DATED this 17th day of January, 2012 __________________________________________ UNITED STATES MAGISTRATE JUDGE DONNA M. RYU 19 20 21 22 23 24 25 26 27 28 -2[PROPOSED] AMENDED ORDER SETTING NEWBERRY’S DEBTOR’S EXAMINATION CASE NO.: C06-1906 WHA [DMR] & C06-5396 WHA [DMR] G:\DMRALL\CASES\CIVIL\2006 CLOSED\Consolidated cases 06.1906.WHA and 06.5396.WHA.Walters et al\FILED.06-1906.Order Setting Newberry Judgment Debtor's Exam 011712.DOC

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