Board of Trustees of the Automotive Industries Welfare Fund et al v. Marin Buick Pontiac GMC

Filing 28

ORDER OF EXAMINATION. Signed by Magistrate Judge Bernard Zimmerman on 11/24/2009. (bzsec, COURT STAFF) (Filed on 11/24/2009)

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1 2 3 4 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 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 To: 20 21 22 23 24 25 26 27 28 Mark B. Kane, Judgment Debtor Marina Buick Pontiac GMC 892 Chateau Heights Court Pleasanton, CA 94566 You the above named judgment debtor ARE HEREBY ORDERED to appear personally on January 12, 2010 at 9:00 a.m. at 450 Golden Gate Avenue, San Francisco, CA , 94102 Conference Room G, 15th Floor, before the Magistrate Judge Beranrd Zimmerman 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: BOARD OF TRUSTEES OF THE AUTOMOTIVE) INDUSTRIES, et al. ) ) ) Plaintiffs, ) vs. ) ) MARINA BUICK PONTIAC GMC, a ) corporation ) ) ) Defendant. ) ___________________________________) NO. C 09 0468 CW(BZ) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ORDER OF EXAMINATION 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 book; 1. The corporation's bylaws, share register and minute 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 2008 and all monthly financial statements for 2008 and 2009; 7. 8. Federal tax returns for the last two years; All bank statements, deposit slips and canceled checks for all accounts for 2009; 9. The last tax return filed with the Franchise Tax Board; 10. Cash Disbursement Journals for 2009; 11. All documents related to any loans to debtor or by debtor by any present or former shareholders, officers or employees of debtor; 12. All documents related to any completed, pending or failed sale of substantially all corporate assets during the last three years. 13. All personal guarantees made by any officer, agent or shareholder for the benefit of debtor. //// //// //// 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 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. N __ mber 24, 2009 Dated:___ove_______ _____________________________________ Magistrate Judge Bernard Zimmerman ORDER OF EXAMINATION 3

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