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

Filing 70

ORDER OF EXAMINATION: Re 69 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 2/21/2014 at 9:00 AM in Courtroom C, 15th Floor, San Francisco. Signed by Magistrate Judge Laurel Beeler on 2/11/2014. (ls, COURT STAFF) (Filed on 2/11/2014)

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 Friday, February 21, 2014 at 9:00 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 to 022114 020714.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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February 11, 2014
13 Date: ____________________

_________________________________________
MAGISTRATE JUDGE LAUREL BEELER

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-2[PROPOSED] ORDER OF EXAMINATION
Case No.: C09-6021 CRB (LB)
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PROOF OF SERVICE

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2

I, the undersigned, declare:

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1.

I am a citizen of the United States and am employed in the County of San

4 Francisco, State of California. My business address is 44 Montgomery Street, Suite 2110, San
5 Francisco, California 94104.
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2.

I am over the age of eighteen and not a party to this action.

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3.

On February 7, 2014, I served the following document(s):

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[PROPOSED] ORDER OF EXAMINATION

9 on the interested parties in said action by enclosing a true and exact copy of each document in a
10 sealed envelope and placing the envelope for collection and First Class mailing following our
11 ordinary business practices. I am readily familiar with this business’ practice for collecting and
12 processing correspondence for mailing. On the same day that correspondence is placed for
13 collection and mailing, it is deposited in the ordinary course of business with the United States
14 Postal Service in a sealed envelope with postage fully prepaid.
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4.

The envelope was addressed and mailed as follows:
Michael J. McFarlane
McFarlane & Sons, Inc.
1405 South Railroad Avenue
San Mateo, CA 94402

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I declare under penalty of perjury that the foregoing is true and correct and that this
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declaration was executed on February 7, 2014, at San Francisco, California.
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/S/

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Michelle Valentine
Paralegal

Parale

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-1PROOF OF SERVICE
Case No.: C09-6021 CRB (LB)
P:\CLIENTS\SHECL\McFarlane & Sons, Inc\Pleadings\C09-6021 CRB (LB) - Proposed Order of Examination to 022114 020714.doc