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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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 Northern District of California United States District Court 11 12 13 CITADEL LIMITED, Plaintiff, 14 15 v. 16 17 18 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. 19 20 Now pending before the Court are Plaintiff’s three applications for an order to appear for a 21 debtor examination. (Dkt. No. 3.) The first application concerning Quincy Krashna, a judgment 22 debtor and defendant in this action, is hereby GRANTED. The other two applications, however, are 23 deficient as they concern third parties yet do not include an attached affidavit “supporting th[e] 24 application under Code of Civil Procedure section 491.110 or 708.120.” (Dkt. No. 3 at 3, 5.) Those 25 two applications are accordingly DENIED without prejudice. Plaintiff may re-file the applications 26 with the required affidavits. The Court will schedule the debtor examinations at that time. 27 28 1 IT IS SO ORDERED. 2 3 Dated: June 20, 2014 _________________________________ JACQUELINE SCOTT CORLEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 10 Northern District of California United States District Court 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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