Northwest Administrators, Inc. v. Amaral & Sons, Inc.

Filing 14

ORDER OF EXAMINATION re 13 Proposed Order filed by Northwest Administrators, Inc. Signed by Judge James Larson on 8/9/10. (jlsec, COURT STAFF) (Filed on 8/9/2010)

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Case3:10-cv-00391-JL Document13 Filed08/05/10 Page1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ERSKINE & TULLEY A PROFESSIONAL CORPORATION MICHAEL J. CARROLL (St. Bar #50246) 220 Montgomery Street, Suite 303 San Francisco, CA 94104 Telephone: (415) 392-5431 Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA NORTHWEST ADMINISTRATORS, INC., ) ) ) ) Plaintiffs, ) vs. ) ) ) AMARAL AND SONS, INC., a California) corporation ) ) ) ) Defendant. ) ___________________________________) To: NO. C 10 0391 JL ORDER OF EXAMINATION Steve Amaral, an Officer and Custodian of Records Amaral and Sons, Inc. 735 Fremont Avenue San Leandro, CA 94577 You the above named judgment debtor ARE HEREBY ORDERED 15 to appear personally on September 16, 2010 at 9:30 a.m. at 450 Golden Gate Avenue, San Francisco, CA, 94102, Courtroom F, 15rd Floor, 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; ORDER OF EXAMINATION 1 The corporation's bylaws, share register and minute Case3:10-cv-00391-JL Document13 Filed08/05/10 Page2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 in 2010; 2. Title documents to all equipment and vehicles of debtor; 3. All lists and schedules of rented, leased and owned equipment of debtor; 4. Copies of all real property and personal property leases wherein debtor is a party; 5. Copies of all tax bills, deeds, contracts, deeds of trust or deposit receipts relating to all real and personal property in which any interest is held; 6. Annual Financial Statements for the 2009 and all monthly financial statements for 2010; 7. 8. Federal tax returns for the last year reported; All bank statements, deposit slips and canceled checks for all accounts for 2010; 9. 10. 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 January 1, 2010 to date; 11. All accounts receivable lists generated by the Company 12. 13. 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; 14. All documents related to any completed, pending or failed sale of substantially all corporate assets during the last three years. 15. All personal guarantees made by any officer, agent or shareholder for the benefit of debtor. ORDER OF EXAMINATION 2 Case3:10-cv-00391-JL Document13 Filed08/05/10 Page3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. August 9, 2010 Dated:____________ ______________________________ Magistrate Judge James Larson ORDER OF EXAMINATION 3

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