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

Filing 37

ORDER OF EXAMINATION re 36 Proposed Order, filed by Sheet Metal Workers Pension Trust of Northern California, Board of Trustees of the Sheet Metal Workers Health Care Plan of Northern California, Sheet Metal Workers Local 104 Vacation, Holiday Savings Plan, Bruce Word. Signed by Judge James Larson on 3/18/11. (jlsec, COURT STAFF) (Filed on 3/18/2011)

Case3:09-cv-06021-CRB Document36

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ERSKINE & TULLEY A PROFESSIONAL CORPORATION MICHAEL J. CARROLL (St. Bar #50246) 3030 Bridgeway, Suite 121 Sausalito, CA 94965 Telephone: [phone] FAX: [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:

NO.

C 09 6021 CRB (JL)

(PROPOSED) ORDER OF EXAMINATION

Michael McFarlane, Custodian of Records and Officer of Corporate Judgment Debtor McFarlane & Sons, Inc. 1405 S. Railroad Avenue San Mateo, CA 94402 You the above named custodian of records and officer of

judgment debtor ARE HEREBY ORDERED to appear personally on Wednesday, April 27, 2011 at 9:30 a.m. at 450 Golden Gate Avenue, Courtroom F, 15th Floor, San Francisco, CA 94102 before the Magistrate James Larson 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; The corporation's bylaws, share register and minute

ORDER OF EXAMINATION

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Case3:09-cv-06021-CRB Document36

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2.

Title documents to all equipment and vehicles of

3.

Annual Financial Statements for 2010, and all monthly

financial statements for 2010; 4. 5. Federal tax returns for the last year reported; All bank statements, deposit slips and canceled checks

for all accounts for November 2010 to date; 6. 7. 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 July 1, 2010 to date; 8. All accounts receivable lists generated by the Company

in the last six months; 9. 10. Cash Disbursement Journals for 2010; All documents related to any loans to debtor or by

debtor by any present or former shareholders, officers or employees of debtor. 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.
March 18, 2011 Dated:____________

_______________________________ Magistrate Judge James Larson

ORDER OF EXAMINATION

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