Northwest Adminstrators, Inc. v. Souza's Milk Transportation Company, Inc.

Filing 43

ORDER re 42 Proposed Order filed by Northwest Adminstrators, Inc.. Signed by Judge Chief Magistrate Judge MARIA-ELENA JAMES on 9/16/09. (bjt, COURT STAFF) (Filed on 9/16/2009)

1 2 3 4

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

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 You the above named judgment debtor ARE HEREBY ORDERED to 20 appear personally on October 7, 2009 at 9:00 a.m. at 450 Golden Gate 21 Avenue, San Francisco, CA , 94102 Courtroom B, 15th Floor, before the 22 Magistrate Judge Maria Elena-James then and there to be examined on 23 oath concerning your property or other matters material to the 24 proceedings. 25 You are ordered to bring with you the following documents: 26 1. 27 book; 28 2. Title documents to all equipment and vehicles of debtor;
ORDER OF EXAMINATION 1

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

) ) ) ) Plaintiffs, ) vs. ) ) ) SOUZA'S MILK TRANSPORTATION COMPANY) INC., a California corporation ) ) Defendant. ) ___________________________________) To:

NORTHWEST ADMINISTRATORS, INC.,

NO. C 08 3055 SI(MEJ)

ORDER OF EXAMINATION

Manual B. Souza, Jr., Judgment Debtor; Souza's Milk Transportation Company, Inc. 474 - 5th Street Gustine, CA 95322

The corporation's bylaws, share register and minute

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 in 2009;

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 January 1, 2009 to date; 11. All accounts receivable lists generated by the Company

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

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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
UNIT ED
ISTRIC ES D TC AT T

September 16 __ 9 Dated:__________,_200________

S

JUDGMENT CREDITOR IN THIS PROCEEDING.

ER

N

F D IS T IC T O R

ORDER OF EXAMINATION

3

A

C

LI

FO

_____________________________________ Ja s Magistrate Judge arMariameElena-James ia-Elena
NO
Judge M

R NIA

O IT IS S

ORDER

ED

RT U O

RT
H