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

Filing 64

ORDER OF EXAMINATION: Re 63 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. Judgment Debtor Exam set for 10/17/2013 at 9:30 AM in Courtroom C, 15th Floor, San Francisco. Signed by Magistrate Judge Laurel Beeler on 6/21/2013. (lsS, COURT STAFF) (Filed on 6/21/2013)

1 Muriel B. Kaplan, Esq. (SBN 124607)
Shivani Nanda, Esq. (SBN 253891)
2 SALTZMAN & JOHNSON LAW CORPORATION
44 Montgomery Street, Suite 2110
3 San Francisco, CA 94104
[phone]
4 [phone] – Facsimile
[e-mail]
5 [e-mail]
6 Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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11 BOARDS OF TRUSTEES OF THE SHEET
METAL WORKERS, et al.,
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Plaintiffs,
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v.
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MCFARLANE & SONS, INC., etc.,
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Defendant.
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17 To:

Case No.: C09-6021 CRB (LB)
[PROPOSED] ORDER OF EXAMINATION

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Michael McFarlane,
Custodian of Records and Officer of Corporate Judgment Debtor
McFarlane & Sons, Inc.
1405 S. Railroad Avenue
San Mateo, CA 94402

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You the above named custodian of records and officer of judgment debtor ARE HEREBY

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21 ORDERED to appear personally on Thursday, October 17, 2013 at 9:30 a.m. at 450 Golden Gate
22 Avenue, Courtroom C, 15th Floor, San Francisco, CA before the Magistrate Laurel Beeler then and
23 there to be examined on oath concerning your property or other matters material to the proceedings.
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You are ordered to bring with you the following documents:

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1.

Title documents to all equipment and vehicles of debtor;

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2.

All monthly financial statements for 2012;

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3.

Federal tax return for the last year reported.

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4.

All bank statements, deposit slips and canceled checks for all accounts for
-1[PROPOSED] ORDER OF EXAMINATION
Case No.: C09-6021 CRB (LB)

P:\CLIENTS\SHECL\McFarlane & Sons, Inc\Pleadings\C09-6021 CRB (LB) - Proposed Order of Examination 061813.doc

1 April 2012 to date;
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5.

The last tax return filed with the Franchise Tax Board;

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6.

Copies of all purchase orders, change orders accepted bids, and contracts

4 which relate in any way to work performed by debtor during the period from April 1, 2012 to date;
7.

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All accounts receivable lists generated by the Company in the last six

6 months.
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NOTICE TO JUDGMENT DEBTOR. IF YOU FAIL TO APPEAR AT THE TIME

8 AND PLACE SPECIFIED IN THIS ORDER, YOU MAY BE SUBJECT TO ARREST AND
9 PUNISHMENT FOR CONTEMPT OF COURT AND THE COURT MAY MAKE AN ORDER
10 REQUIRING YOU TO PAY THE REASONABLE ATTORNEYS’ FEES INCURRED BY THE
11 JUDGMENT CREDITOR IN THIS PROCEEDING.
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June 21, 2013
13 Date: ____________________

_________________________________________
MAGISTRATE JUDGE LAUREL BEELER

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-2[PROPOSED] ORDER OF EXAMINATION
Case No.: C09-6021 CRB (LB)
P:\CLIENTS\SHECL\McFarlane & Sons, Inc\Pleadings\C09-6021 CRB (LB) - Proposed Order of Examination 061813.doc