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

Filing 43

ORDER OF EXAMINATION. Signed by Magistrate Judge Maria-Elena James on 6/25/2012. (rmm2, COURT STAFF) (Filed on 6/25/2012)

1

4

ERSKINE & TULLEY
A PROFESSIONAL CORPORATION
MICHAEL J. CARROLL (St. Bar #50246)
3030 Bridgeway, Suite 231
Sausalito, CA 94965
Telephone: [phone]
FAX: [phone]

5

Attorneys for Plaintiffs

2
3

6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16

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

)
)
)
Plaintiffs,
)
)
vs.
)
)
KYM MECHANICAL, etc.,
)
)
)
Defendant.
)
__________________________________ )

NO. C 09 5944 RS (MEJ)

ORDER OF EXAMINATION

17
To:
18
19

Richard Applegate
Applegate Johnson Inc.
1016 - 12th Street
Modesto, CA 95354

20

You the above named custodian of records of Applegate

21

Johnson Inc. ARE HEREBY ORDERED to appear personally on Monday, August

22

6, 2012 at 9:30 a.m. at 450 Golden Gate Avenue, Courtroom B, 15th

23

Floor, San Francisco, CA, before the Magistrate Judge Maria-Elena

24

James then and there to be examined on oath concerning your property

25

or other matters material to the proceedings.

26

You are ordered to bring with you the following documents:

27

1.

28

Copies of all purchase orders, change orders accepted

bids, invoices, and contracts which relate in any way to work

ORDER OF EXAMINATION

1

1

performed by debtor KYM Mechanical, a corporation, formerly doing

2

business as JAYCO Mechanical for you during the period from January

3

1, 2009 to date;

4

2. All accounts payable lists generated by the Company from

5

January 1, 2009 to date which list the judgment debtor KYM Mechanical;

6

3.

All documents related to any loans to debtor by any

7

present or former shareholders, officers or employees of Applegate

8

Johnson Inc.;

9

4. Copies of contracts and all internal memoranda and

10

accounting information about jobs from January 1, 2009 to present

11

using KYM Mechanical, a corporation, formerly doing business as JAYCO

12

Mechanical.

13

NOTICE TO RICHARD APPLEGATE:

IF YOU FAIL TO APPEAR AT THE

14

TIME AND PLACE SPECIFIED IN THIS ORDER, YOU MAY BE SUBJECT TO ARREST

15

AND PUNISHMENT FOR CONTEMPT OF COURT AND THE COURT MAY MAKE AN ORDER

16

REQUIRING YOU TO PAY THE REASONABLE ATTORNEYS' FEES INCURRED BY THE

17

JUDGMENT CREDITOR IN THIS PROCEEDING.

18

June 25, 2012
Dated:_____________________

19

____________________________________
Magistrate Judge Maria-Elena James

20
21
22
23
24
25
26
27
28

ORDER OF EXAMINATION

2