Board of Trustees of the Bay Area Roofers Health & Welfare Trust Fund et al v. Centry Roof and Solar Inc.

Filing 45

ORDER OF EXAMINATION: Judgment Debtor Exam set for 12/19/2012 at 9:30 AM in Courtroom C, 15th Floor, San Francisco. Signed by Magistrate Judge Laurel Beeler on 11/5/2012. (ls, COURT STAFF) (Filed on 11/5/2012)

1

4

ERSKINE & TULLEY
A PROFESSIONAL CORPORATION
MICHAEL J. CARROLL (St. Bar #50246)
3030 Bridgeway, Suite 231
Sausalito, CA 94965
Telephone: [phone]
FAX: [phone]

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.
)
)
CENTURY ROOF AND SOLAR, etc.,
)
)
Defendant.
____________________________________ )

12
13
14
15

BOARD OF TRUSTEES OF THE BAY AREA
ROOFERS HEALTH, et al.,

18
19

C 11 0912 CW (LB)

(PROPOSED)
ORDER OF EXAMINATION

Tony Diaz, Custodian of Records of
Corporate Judgment Debtor
Century Roof and Solar Inc.
23135 Saklan Road
Hayward, CA 94545

20

You the above named custodian of records of judgment debtor

21

ARE HEREBY ORDERED to appear personally on Wednesday, December 19,

22

2012 at 9:30 a.m. at 450 Golden Gate Avenue, Courtroom C, 15th Floor,

23

San Francisco, CA before the Magistrate Laurel Beeler then and there

24

to be examined on oath concerning your property or other matters

25

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.

Annual Financial Statements and all monthly financial

statements for 2012;

11

7.

Federal tax returns for the last year reported;

12

8.

All bank statements, deposit slips and canceled checks

13

for all accounts for June 2012 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 January 1, 2012 to date;

18
19

11. All accounts receivable lists generated by the Company
in 2012;

20

12.

Cash Disbursement Journals for 2012;

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.

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

2

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

November 5, 2012
Dated:____________

7

_______________________________
Magistrate Judge Laurel Beeler

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

ORDER OF EXAMINATION

3