Applied Materials, Inc. v. MultiMetrixs, LLC

Filing 182

ORDER GRANTING APPEARANCE OF EXAMINATION FOR MARK KESEL re 177 Amended MOTION for Judgment Debtor Exam EX PARTE MOTION filed by Applied Materials, Inc. Signed by Judge James Larson on 1/21/10. (jlsec, COURT STAFF) (Filed on 1/21/2010)

Case3:06-cv-07372-MHP Document177-3
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):

Filed01/19/10 Page1 of 2

AT-138, EJ-125

UNIT ED

Sarala V. Nagala (SBN 258712) 560 Mission, 27th Floor San Francisco, CA 94105

S

S DISTRICT TE C TA

FOR COURT USE ONLY

TELEPHONE NO.: ATTORNEY FOR (Name): NAME OF COURT: STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME:

(415)-512-4045 FAX NO.: (415)-512-4077 Applied Materials, Inc. U.S. District Court for the Northern District of California 450 Golden Gate Avenue, 16th Floor San Francisco, CA 94102 Applied Materials, Inc. Mark Kesel

PLAINTIFF: DEFENDANT:

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F D IS T IC T O R

APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION
ENFORCEMENT OF JUDGMENT ATTACHMENT (Third Person) Judgment Debtor Third Person

CASE NUMBER:

C 06-7372 MHP (JLx)

ORDER TO APPEAR FOR EXAMINATION
1. TO (name): Mark Kesel 2. YOU ARE ORDERED TO APPEAR personally before this court, or before a referee appointed by the court, to furnish information to aid in enforcement of a money judgment against you. a. answer concerning property of the judgment debtor in your possession or control or concerning a debt you owe the b. judgment debtor. c. answer concerning property of the defendant in your possession or control or concerning a debt you owe the defendant that is subject to attachment. Dept. or Div.: Rm.: Courtroom F, 15th Floor

Address of court

Date: February 17, 2010 Time: 9:30 am is: shown above

3. This order may be served by a sheriff, marshal, registered process server, or the following specially appointed person (name): Date:

January 21, 2010
JUDGE OR REFEREE

This order must be served not less than 10 days before the date set for the examination.

IMPORTANT NOTICES ON REVERSE

APPLICATION FOR ORDER TO APPEAR FOR EXAMINATION
4. Judgment creditor Assignee of record Plaintiff who has a right to attach order to appear and furnish information to aid in enforcement of the money judgment or to answer concerning property or debt. 5. The person to be examined is a. the judgment debtor. b. a third person (1) who has possession or control of property belonging to the judgment debtor or the defendant or (2) who owes the judgment debtor or the defendant more than $250. An affidavit supporting this application under Code of Civil Procedure section 491.110 or 708.120 is attached. 6. The person to be examined resides or has a place of business in this county or within 150 miles of the place of examination. This court is not the court in which the money judgment is entered or (attachment only) the court that issued the writ of 7. attachment. An affidavit supporting an application under Code of Civil Procedure section 491.150 or 708.160 is attached. 8. The judgment debtor has been examined within the past 120 days. An affidavit showing good cause for another examination is attached. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: January 19, 2010
applies for an order requiring (name):

Mark Kesel

Sarala V. Nagala
(TYPE OR PRINT NAME) Form Adopted for Mandatory Use Judicial Council of California AT-138, EJ-125 [Rev. July 1, 2000]

/s/ Sarala V. Nagala
(Continued on reverse)
(SIGNATURE OF DECLARANT) Code of Civil Procedure, §§ 491.110, 708.110, 708.120 American LegalNet, Inc. www.USCourtForms.com

APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION
(Attachment-Enforcement of Judgment)

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Case3:06-cv-07372-MHP Document177-3

Filed01/19/10 Page2 of 2

APPEARANCE OF JUDGMENT DEBTOR (ENFORCEMENT OF JUDGMENT) 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 attorney fees incurred by the judgment creditor in this proceeding.

APPEARANCE OF A THIRD PERSON (ENFORCEMENT OF JUDGMENT) (1) NOTICE TO PERSON SERVED 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 attorney fees incurred by the judgment creditor in this proceeding. (2) NOTICE TO JUDGMENT DEBTOR The person in whose favor the judgment was entered in this action claims that the person to be examined pursuant to this order has possession or control of property which is yours or owes you a debt. This property or debt is as follows (Describe the property or debt using typewritten capital letters):

If you claim that all or any portion of this property or debt is exempt from enforcement of the money judgment, you must file your exemption claim in writing with the court and have a copy personally served on the judgment creditor not later than three days before the date set for the examination. You must appear at the time and place set for the examination to establish your claim of exemption or your exemption may be waived.

APPEARANCE OF A THIRD PERSON (ATTACHMENT) NOTICE TO PERSON SERVED 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 attorney fees incurred by the plaintiff in this proceeding.

APPEARANCE OF A CORPORATION, PARTNERSHIP, ASSOCIATION, TRUST, OR OTHER ORGANIZATION It is your duty to designate one or more of the following to appear and be examined: officers, directors, managing agents, or other persons who are familiar with your property and debts.

AT-138, EJ-125 [Rev. July 1, 2000]

APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION
(Attachment-Enforcement of Judgment)

Page two American LegalNet, Inc. www.USCourtForms.com