Walters et al v. Newberry et al

Filing 106

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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KEN WALTERS, et al.,

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For the Northern District of California

United States District Court

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Plaintiffs,

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v.

No. C-06-01906 WHA (DMR)
Consolidated with
No. C-06-05396 WHA (DMR)

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GOLDEN GATE CRANE & RIGGING, INC.,

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Defendant.
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ORDER SETTING DEBTOR’S
EXAMINATION OF JUDGMENT
DEBTOR ROBERT NEWBERRY;
ORDER TO SHOW CAUSE

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KEN WALTERS, et al.,
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Plaintiffs,
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v.
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GOLDEN GATE CRANE & RIGGING, INC.,
ROBERT NEWBERRY, SUE NEWBERRY,
et al.

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Defendants.
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___________________________________/
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On August 23, 2011, the court set these matters for a debtor’s examination to take place on
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December 7, 2011 at 9:30 a.m. [Docket Nos. 135, 136 (Case No. 06-1906); Docket Nos. 100, 102
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(Case No. 06-5396).] Judgment Debtor Robert Newberry did not appear on December 7, 2011.
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Additionally, on November 3, 2011, the court issued an order for the parties to meet and confer
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regarding their discovery dispute. [Docket No. 142 (Case No. 06-1906).] On December 7, 2011,
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counsel for Plaintiffs represented that Mr. Newberry had not responded to her efforts to meet and

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confer about discovery.

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Therefore, IT IS HEREBY ORDERED that Robert Newberry, as an officer of Judgment

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Debtor Golden Gate Crane & Rigging and in his personal capacity, shall personally appear on

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January 18, 2012 at 9:00 a.m. at the U.S. District Court, 1301 Clay Street, Oakland, California

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94612 to be examined under oath concerning Judgment Debtor's property or other matters material

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to the proceeding. For courtroom number and floor information, please check the court’s on-line

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calendar at http://www.cand.uscourts.gov (click “Calendars” link on left side, click link to Judge

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Ryu’s calendar) or call Judge Ryu’s Courtroom Deputy, Ivy Garcia, at [phone], one week

IT IS FURTHER ORDERED that by no later than December 21, 2011, Robert Newberry

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shall show cause in writing why sanctions should not issue for his failure to appear at the December

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7, 2011 debtor's examination and failure to meet and confer in good faith regarding the disputed

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discovery.

Defendants and shall e-file a proof of service on the same day that service is effected.

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Dated: December 7, 2011

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DERED

O OR
IT IS S

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DONNA M. RYU
. Ryu
onna MJudge
United States Magistrate
udge D

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IT IS SO ORDERED.

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Immediately upon receipt of this Order, Plaintiffs shall serve a copy of this Order on

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UNIT
ED

For the Northern District of California

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prior to the scheduled hearing.

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United States District Court

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