Board of Trustees of the Sheet Metal Workers Health Care Plan of Northern California et al v. McFarlane & Sons, Inc.

Filing 46

- Filed in error, Judge Zimmerman will issue new order - ORDER re 45 Proposed Order, filed by Board of Trustees of the Sheet Metal Workers Health Care Plan of Northern California, Anthony Asher, Sheet Metal Workers Local 104 Vacation, Holiday Savings Plan, Sheet Metal Workers Pension Trust of Northern California Judgment Debtor Exam set for 7/8/2009 09:00 AM.. Signed by Judge Edward M. Chen on 5/8/09. (bpf, COURT STAFF) (Filed on 5/8/2009) Modified on 5/12/2009 (bpf, COURT STAFF).

Case 3:07-cv-03851-JSW

Document 45

Filed 05/06/2009

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ERSKINE & TULLEY A PROFESSIONAL CORPORATION MICHAEL J. CARROLL (St. Bar #50246) 220 Montgomery Street, Suite 303 San Francisco, CA 94104 Telephone: [phone] Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

BOARD OF TRUSTEES OF THE SHEET METAL WORKERS, et al.,

) ) ) Plaintiffs, ) vs. ) ) McFARLANE & SONS, INC.,etc. ) ) Defendant. ) ___________________________________) To: Mike McFarlane, Judgment Debtor McFarlane & Sons, Inc. 1405 S. Railroad San Mateo, CA 94402

NO. C 07 3851 JSW(EMC) ORDER OF EXAMINATION

You the above named judgment debtor ARE HEREBY ORDERED to appear personally on July 8, 2009 at 9:00 a.m. at 450 Golden Gate Avenue, San Francisco, CA , 94102 Conference Room C, 15th Floor, before the Magistrate Judge Edward M. Chen then and there to be examined on oath concerning your property or other matters material to the proceedings. You are ordered to bring with you the following documents: 1. book;
ORDER OF EXAMINATION 1

The corporation's bylaws, share register and minute

Case 3:07-cv-03851-JSW

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2. Title documents to all equipment and vehicles of debtor; 3. All lists and schedules of rented, leased and owned equipment of debtor; 4. Copies of all real property and personal property leases wherein debtor is a party; 5. Copies of all tax bills, deeds, contracts, deeds of

trust or deposit receipts relating to all real and personal property in which any interest is held; 6. Annual Financial Statements for the 2008 and all

monthly financial statements for 2008 and 2009; 7. 8. Federal tax returns for the last three years; All bank statements, deposit slips and canceled checks

for all accounts for 2008 and 2009; 9. 10. The last tax return filed with the Franchise Tax Board; Copies of all purchase orders, change orders accepted

bids, and contracts which relate in any way to work performed by debtor during the period from June 1, 2008 to date; 11. All accounts receivable lists generated by the Company from 2004 and 2005 to date; 12. 13. Cash Disbursement Journals for 2008 and 2009; All documents related to any loans to debtor or by

debtor by any present or former shareholders, officers or employees of debtor; 14. All documents related to any completed, pending or

failed sale of substantially all corporate assets during the last three years. 15. All personal guarantees made by any officer, agent or

shareholder for the benefit of debtor.
ORDER OF EXAMINATION 2

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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 ATTORNEYS' FEES INCURRED BY THE JUDGMENT CREDITOR IN THIS PROCEEDING. May 8, 2009 Dated:_____________________

UNIT ED

__________________________________ Magistrate Judge Edward M. Chen

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