Board of Trustees of the Sheet Metal Workers Health Care Plan of Northern California et al v. Orson Mechanical Company Inc

Filing 33

ORDER OF EXAMINATION. Judgment Debtor Exam REset for 3/7/2012 at 09:00 AM in Courtroom F, 15th Floor, San Francisco. Signed by Magistrate Judge Jacqueline Scott Corley on 2/1/2012. (ahm, COURT STAFF) (Filed on 2/1/2012)

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1 4 ERSKINE & TULLEY A PROFESSIONAL CORPORATION MICHAEL J. CARROLL (St. Bar #50246) 3030 Bridgeway, Suite 231 Sausalito, CA 94965 Telephone: (415) 729-9006 FAX: (415) 729-9023 5 Attorneys for Plaintiffs 2 3 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 16 BOARD OF TRUSTEES OF THE SHEET METAL ) WORKERS, et al., ) ) Plaintiffs, ) ) vs. ) ) ORSON MECHANICAL COMPANY, etc., ) ) Defendant. ) ____________________________________ ) 17 To: 12 13 14 15 18 19 NO. C 09 2118 SC (JSC) (PROPOSED) ORDER OF EXAMINATION Orson K. Poon, Custodian of Records and Officer of Corporate Judgment Debtor Orson Mechanical Company 33378 Croatian Way Union City, CA 94587 20 You the above named custodian of records and officer of 21 judgment debtor ARE HEREBY ORDERED to appear personally on Wednesday, 22 March 7, 2012 at 9:00 a.m. at United States District Court, 450 Golden 23 Gate Avenue, Courtroom F, 15th Floor, San Francisco, CA before the 24 Magistrate Judge Jacqueline Scott Corley then and there to be examined 25 on oath concerning your property or other matters material to the 26 proceedings. 27 You are ordered to bring with you the following documents: 28 1. The corporation's bylaws, share register and minute ORDER OF EXAMINATION 1 1 book; 2 2. Title documents to all equipment and vehicles of debtor; 3 3. All lists and schedules of rented, leased and owned 4 equipment of debtor; 5 6 4. Copies of all real property and personal property leases wherein debtor is a party; 7 5. Copies of all tax bills, deeds, contracts, deeds of 8 trust or deposit receipts relating to all real and personal property 9 in which any interest is held; 10 11 6. Annual Financial Statements and all monthly financial statements for 2011; 12 7. Federal tax return for the last year reported; 13 8. All bank statements, deposit slips and canceled checks 14 for all accounts for October 2011 to date; 15 9. 16 10. The last tax return filed with the Franchise Tax Board; Copies of all purchase orders, change orders accepted 17 bids, and contracts which relate in any way to work performed by 18 debtor during the period from July 1, 2011 to date; 19 20 11. All accounts receivable lists generated by the Company in 2011; 21 12. Cash Disbursement Journals for 2011; 22 13. All documents related to any loans to debtor or by 23 debtor by any present or former shareholders, officers or employees 24 of debtor; 25 14. All documents related to any completed, pending or 26 failed sale of substantially all corporate assets during the last 27 three years. 28 15. All personal guarantees made by any officer, agent or ORDER OF EXAMINATION 2 1 2 shareholder for the benefit of debtor. NOTICE TO JUDGMENT DEBTOR. IF YOU FAIL TO APPEAR AT THE 3 TIME AND PLACE SPECIFIED IN THIS ORDER, YOU MAY BE SUBJECT TO ARREST 4 AND PUNISHMENT FOR CONTEMPT OF COURT AND THE COURT MAY MAKE AN ORDER 5 REQUIRING YOU TO PAY THE REASONABLE ATTORNEYS' FEES INCURRED BY THE 6 JUDGMENT CREDITOR IN THIS PROCEEDING. 7 February 1, 2012 Dated:____________ 8 _______________________________ Magistrate Judge Jacqueline Scott Corley 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER OF EXAMINATION 3

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