Walters et al v. Newberry et al

Filing 116

ORDER re 114 SETTING DEBTORS EXAMINATION OF ROBERT NEWBERRY, IN HIS CAPACITY AS AN OFFICER OF JUDGMENT DEBTOR GOLDEN GATE CRANE & RIGGING, INC. by John Bonilla, Operating Engineers Health and Welfare Trust Fund for Northern California, Operating En gineers Vacation and Holiday Plan, Operating Engineers and Participating Employers Pre Apprenticeship, Apprentice and Journeymen Affirmative Action Training Fund, Pension Trust Fund for Operating Engineers, 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)

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 [phone]
[phone]– Facsimile
5 [e-mail]
[e-mail]
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
12 their respective capacities as Trustees of the
OPERATING ENGINEERS HEALTH AND
13 WELFARE TRUST FUND FOR NORTHERN
14 CALIFORNIA, et al.,
Plaintiffs,

15
v.
16
17

GOLDEN GATE CRANE & RIGGING, INC.,
Defendant.

18

Case No.: C06-1906 WHA [DMR]
Consolidated With
Case No.: C06-5396 WHA [DMR]
[PROPOSED] AMENDED ORDER
SETTING DEBTOR’S EXAMINATION
ROBERT NEWBERRY, IN HIS
CAPACITY AS AN OFFICER OF
JUDGMENT DEBTOR GOLDEN GATE
CRANE & RIGGING, INC. AS MODIFIED

19 KEN WALTERS and JOHN BONILLA, in
their respective capacities as Trustees of the
20 OPERATING ENGINEERS HEALTH AND
WELFARE TRUST FUND FOR NORTHERN
21
CALIFORNIA, et al.,
22
Plaintiffs,
23 v.
24 GOLDEN GATE CRANE & RIGGING, INC.,
ROBERT NEWBERRY, SUE NEWBERRY,
25
et al.,
26
Defendants.
27
28 ///

-1-

[PROPOSED] ORDER SETTING GOLDEN GATE CRANE & RIGGING, INC.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.06-5396.Amended Order Setting Golden Gate Crane & Rigging Judgment
Debtor's Exam 011712.DOC

1

Pursuant to Order Re Plaintiffs’ Request for Reconsideration of January 3, 2012 Order

2 (Docket No. 113), and Good Cause Appearing therefore,
3

IT IS HEREBY ORDERED, ADJUDGED and DECREED that:

4

1.

Robert Newberry, as an officer of Judgment Debtor Golden Gate Crane & Rigging,

5 Inc. shall personally appear on April 25, 2012 at 9:30 a.m. at Oakland Courthouse, Courtroom 4 6 3rd Floor, 1301 Clay Street, Oakland, CA 94612, California before the Magistrate Judge Donna
7 M. Ryu then and there to be examined on oath concerning Judgment Debtor’s property or other
8 matters material to the proceeding.
9

2.

Judgment Creditors shall personally serve Robert Newberry, officer of Judgment

10 Debtor Golden Gate Crane & Rigging, Inc., with a copy of this Order and shall provide proof of
11 such service to the Court not less than five (5) days before the Judgment Debtor Examination.
12

3.

Should Judgment Debtor fail or refuse to appear at the Judgment Debtor

13 Examination herein scheduled, or to produce the documents pursuant to F.R.C.P. 34, this Court
14 may certify the facts of the Judgment Debtor’s contempt to the District Court pursuant to 28 U.S.C.
15 § 636(e), and the District Court may adjudicate Judgment Debtor guilty of civil contempt of its
16 orders and may issue a warrant or seizure order to compel compliance with this Order.
17
18
19

DATED this 17th day of January, 2012
__________________________________________
UNITED STATES MAGISTRATE JUDGE
DONNA M. RYU

20
21
22
23
24
25
26
27
28

-2[PROPOSED] ORDER SETTING GOLDEN GATE CRANE & RIGGING, INC.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.06-5396.Amended Order Setting Golden Gate Crane & Rigging Judgment
Debtor's Exam 011712.DOC