Board of Trustees of the Bay Area Roofers Health & Welfare Trust Fund, Pacific Coast Roofers Pension Plan, East Bay/North Bay Roofers Vacation Trust Fund, Bay Area Counties Roofing Industry Promotion et al v. Elliott and Elliott Co

Filing 25

ORDER OF EXAMINATION. Judgment Debtor Exam set for 5/17/2013 09:00 AM in Courtroom G, 15th Floor, San Francisco. Signed by Judge Joseph C. Spero on 4/10/13. (klhS, COURT STAFF) (Filed on 4/10/2013)

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1 4 ERSKINE & TULLEY A PROFESSIONAL CORPORATION MICHAEL J. CARROLL (St. Bar #50246) 3030 Bridgeway, Suite 231 Sausalito, CA 94965 Telephone: (415) 729-9006 FAX: (415) 729-9023 5 Attorneys for Plaintiffs 2 3 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 16 17 To: NO. ) ) ) ) Plaintiffs, ) ) vs. ) ) ELLIOTT AND ELLIOTT CO., etc., ) ) Defendant. ____________________________________ ) 12 13 14 15 BOARD OF TRUSTEES OF THE BAY AREA ROOFERS HEALTH, et al., 18 19 C 11 3358 JCS (PROPOSED) ORDER OF EXAMINATION Mark Elliott, Custodian of Records of Corporate Judgment Debtor Elliott and Elliott Co. 745 Kevin Court Oakland, CA 94621 20 You the above named custodian of records and officer of 21 judgment debtor ARE HEREBY ORDERED to appear personally on May 17, 22 2013 at 9:00 a.m. at 450 Golden Gate Avenue, Courtroom G, 15th Floor, 23 San Francisco, CA 94102 before Magistrate Judge Joseph C. Spero then 24 and there to be examined on oath concerning your property or other 25 matters material to the proceedings. 26 You are ordered to bring with you the following documents: 27 1. 28 The corporation's bylaws, share register and minute book; ORDER OF EXAMINATION 1 1 2. Title documents to all equipment and vehicles of debtor; 2 3. All lists and schedules of rented, leased and owned 3 equipment of debtor; 4 5 4. Copies of all real property and personal property leases wherein debtor is a party; 6 5. Copies of all tax bills, deeds, contracts, deeds of 7 trust or deposit receipts relating to all real and personal property 8 in which any interest is held; 9 10 6. Last Annual Financial Statement and all monthly financial statements for 2012 and 2013; 11 7. Federal tax return for the last year reported; 12 8. All bank statements, deposit slips and canceled checks 13 for all accounts for January 2013 to the present; 14 9. 15 10. The last tax return filed with the Franchise Tax Board; Copies of all purchase orders, change orders accepted 16 bids, and contracts which relate in any way to work performed by 17 debtor during the period from November 1, 2012 to date; 18 19 11. All accounts receivable lists generated by the Company in 2012 and 2013; 20 12. Cash Disbursement Journals for 2012 and 2013; 21 13. All documents related to any loans to debtor or by 22 debtor by any present or former shareholders, officers or employees 23 of debtor; 24 14. All documents related to any completed, pending or 25 failed sale of substantially all corporate assets during the last 26 three years; and 27 28 15. All personal guarantees made by any officer, agent or shareholder for the benefit of debtor. ORDER OF EXAMINATION 2 1 NOTICE TO JUDGMENT DEBTOR. IF YOU FAIL TO APPEAR AT THE TIME AND PLACE SPECIFIED IN THIS ORDER, YOU MAY BE SUBJECT TO ARREST 3 AND PUNISHMENT FOR CONTEMPT OF COURT AND THE COURT MAY MAKE AN ORDER 4 REQUIRING YOU TO PAY THE REASONABLE ATTORNEYS' FEES INCURRED BY THE 5 JUDGMENT CREDITOR IN THIS PROCEEDING. 6 4/10/13 Dated:____________ ISTRIC ES D TC AT T UNIT ED RT U O S 2 7 RT 10 Judge Jo ER 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER OF EXAMINATION 3 A H 11 Spero FO seph C. NO 9 LI 8 R NIA _______________________________ Magistrate Judge Joseph C. Spero N F D IS T IC T O R C

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