Boards of Trustees of the Sheet Metal Workers Local 104 Health Care Trust et al v. Energy Management Inc.

Filing 35

ORDER OF EXAMINATION re 34 Proposed Order, filed by Sheet Metal Workers Local 104 Vacation, Holiday Savings Plan, Sheet Metal Workers Pension Trust of Northern California, Boards of Trustees of the Sheet Metal Workers Local 104 Health Care Trust, Bruce Word Judgment Debtor Exam set for 11/1/2012 11:00 AM. Signed by Magistrate Judge Kandis A. Westmore on 8/30/12. (sisS, COURT STAFF) (Filed on 8/30/2012)

Case4:11-cv-05251-PJH Document34 Filed08/30/12 Page1 of 3

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

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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To:

NO.

BOARD OF TRUSTEES OF THE SHEET METAL )
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WORKERS, et al.,
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Plaintiffs,
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vs.
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ENERGY MANAGEMENT INC., etc.,
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Defendant.
____________________________________ )

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C 11 5251 PJH(KAW)

(PROPOSED)
ORDER OF EXAMINATION

David E. Pine, President and Custodian of Records of
Corporate Judgment Debtor
Energy Management Inc.
40827 Capa Drive
Fremont, CA 94539

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You the above named custodian of records and officer of

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judgment debtor ARE HEREBY ORDERED to appear personally on Thursday

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November 1, 2012 at 11:00 a.m. at 1301 Clay Street, Courtroom 4, 3rd

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Floor, Oakland, CA 94612 before the Magistrate Kandis A. Westmore then

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and there to be examined on oath concerning your property or other

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matters material to the proceedings.

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You are ordered to bring with you the following documents:

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1.

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The corporation's bylaws, share register and minute

book;

ORDER OF EXAMINATION

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2. Title documents to all equipment and vehicles of debtor;

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3. All lists and schedules of rented, leased and owned

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equipment of debtor;

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4. Copies of all real property and personal property leases
wherein debtor is a party;

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5.

Copies of all tax bills, deeds, contracts, deeds of

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trust or deposit receipts relating to all real and personal property

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in which any interest is held;

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6.

Annual Financial Statements and all monthly financial

statements for 2012;

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Federal tax returns for the last year reported;

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All bank statements, deposit slips and canceled checks

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for all accounts for January 2012 to the present;

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9.

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The last tax return filed with the Franchise Tax Board;
Copies of all purchase orders, change orders accepted

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bids, and contracts which relate in any way to work performed by

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debtor during the period from January 1, 2012 to date;

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

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12.

Cash Disbursement Journals for 2012;

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All documents related to any loans to debtor or by

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debtor by any present or former shareholders, officers or employees

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of debtor;

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14.

All documents related to any completed, pending or

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failed sale of substantially all corporate assets during the last

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three years.

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15.

All personal guarantees made by any officer, agent or

shareholder for the benefit of debtor.

ORDER OF EXAMINATION

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NOTICE TO JUDGMENT DEBTOR.

IF YOU FAIL TO APPEAR AT THE

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TIME AND PLACE SPECIFIED IN THIS ORDER, YOU MAY BE SUBJECT TO ARREST

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AND PUNISHMENT FOR CONTEMPT OF COURT AND THE COURT MAY MAKE AN ORDER

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REQUIRING YOU TO PAY THE REASONABLE ATTORNEYS' FEES INCURRED BY THE

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JUDGMENT CREDITOR IN THIS PROCEEDING.

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08/30/12
Dated:____________

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_______________________________
Magistrate Kandis A. Westmore

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ORDER OF EXAMINATION

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