Board of Trustees of the Sheet Metal Workers Health Care Plan of Northern California, Sheet Metal Workers Pension Trust of Northern California, Sheet Metal Workers Local 104 Vacation, Holiday Savings et al v. Clifton Enterprises Inc

Filing 35

ORDER SETTING Judgment Debtor Exam for 4/19/2011 10:00 AM in Courtroom E, 15th Floor, San Francisco. Signed by Judge Elizabeth D. Laporte on 3/16/2011. (lmh, COURT STAFF) (Filed on 3/16/2011)

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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) 3030 Bridgeway, Suite 121 Sausalito, CA 94965 Telephone: (415) 729-9006 FAX: (415) 729-9023 Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA BOARD OF TRUSTEES OF THE SHEET METAL ) WORKERS, et al., ) ) Plaintiffs, ) ) vs. ) ) CLIFTON ENTERPRISES, etc., ) ) Defendant. ) ____________________________________ ) To: NO. C 10 2784 RS (EDL) (PROPOSED) ORDER OF EXAMINATION Barbara Clifton, Custodian of Records and Officer of Corporate Judgment Debtor Clifton Enterprises Inc. 351 Olympia Avenue Sand City, CA 93955 You the above named custodian of records and officer of judgment debtor ARE HEREBY ORDERED to appear personally on Tuesday, April 19, 2011 at 10:00 a.m. at 450 Golden Gate Avenue, Courtroom E, 15th Floor, San Francisco, California before the Magistrate Elizabeth D. Laporte 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 1 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 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. Last Annual Financial Statement and all monthly financial statements for the last six months; 6. 7. Federal tax return for the last year reported; All bank statements, deposit slips and canceled checks for all accounts for October 2010 to present; 8. 9. 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 October 1, 2010 to date; 10. All accounts receivable lists generated by the Company in the last four months; 11. 12. 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; 13. All documents related to any completed, pending or failed sale of substantially all corporate assets during the last three years. 14. All personal guarantees made by any officer, agent or shareholder for the benefit 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 ORDER OF EXAMINATION 2 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 REQUIRING YOU TO PAY THE REASONABLE ATTORNEYS' FEES INCURRED BY THE JUDGMENT CREDITOR IN THIS PROCEEDING. March 16, 2011 Dated:____________ S DISTRICT TE C TA _____________________________________ RT U O Magistrate Judge Elizabeth D. Laporte UNIT ED S ER N F D IS T IC T O R ORDER OF EXAMINATION 3 A C LI FO lizabet Judge E h D. La porte R NIA OO IT IS S RDERE D NO RT H

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