Citadel Limited v. Dileo et al

Filing 5

ORDER GRANTING IN PART AND DENYING IN PART APPLICATION FOR ORDER OF APPEARANCE AND EXAMINATION re 3 Application for Writ filed by Citadel Limited. Signed by Judge Jacqueline Scott Corley on 6/20/2014.(tlS, COURT STAFF) (Filed on 6/20/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Northern District of California

United States District Court

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CITADEL LIMITED,
Plaintiff,

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v.

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FRANK DILEO, et al.,

Case No.: C-14-80075 EMC (JSC)
ORDER GRANTING IN PART AND
DENYING IN PART APPLICATION
FOR ORDER OF APPEARANCE AND
EXAMINATION
Dkt. No. 3

Defendants.

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Now pending before the Court are Plaintiff’s three applications for an order to appear for a

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debtor examination. (Dkt. No. 3.) The first application concerning Quincy Krashna, a judgment

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debtor and defendant in this action, is hereby GRANTED. The other two applications, however, are

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deficient as they concern third parties yet do not include an attached affidavit “supporting th[e]

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application under Code of Civil Procedure section 491.110 or 708.120.” (Dkt. No. 3 at 3, 5.) Those

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two applications are accordingly DENIED without prejudice. Plaintiff may re-file the applications

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with the required affidavits. The Court will schedule the debtor examinations at that time.

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IT IS SO ORDERED.

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Dated: June 20, 2014
_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

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Northern District of California

United States District Court

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