Mou v. City of San Jose et al

Filing 70

ORDER REQUESTING DEBTOR'S EXAMINATION. Signed by Judge Jeremy Fogel on 6/8/2010. (jflc3, COURT STAFF) (Filed on 6/8/2010)

Mou v. City of San Jose et al

Doc. 70

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**E-Filed 6/8/10**

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

CHIN-LI MOU, Plaintiff, v. CITY OF SAN JOSE, et al., Defendants.

Case Number C 07-5740 JF (RS) ORDER1 REQUESTING DEBTOR'S EXAMINATION

On September 29, 2009, the Court granted Defendants' motion for summary judgment. On October 22, 2009, the Clerk of the Court taxed costs in the amount of $1,029.90. On April 13, 2010, the Court overruled Plaintiff's objections to the bill of costs. On April 19, 2010, Plaintiff, proceeding pro se as she has since summary judgment was granted, sent the Court a copy of her 2009 federal income tax return to support her argument that she is unable to pay the $1,029.90 in costs incurred in this matter. In an order dated April 26, 2010, the Court indicated that in light of Plaintiffs' pro se status, the Court would treat Plaintiff's April 19 communication as a motion for reconsideration and requested response from Defendants. Defendants contend that they have not had an opportunity to review Plaintiff's

This disposition is not designated for publication in the official reports.

C a s e No. C 07-5740 JF (RS) O R D E R REQUESTING DEBTOR'S EXAMINATION ( JF L C 3 )

Dockets.Justia.com

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income tax return and that public records indicate that Plaintiff is the owner of real property in the County of Santa Clara valued at approximately $250,000, and they request a debtor's examination of Plaintiff under oath. Finding that the facts in the record are insufficient to allow it to decide the issue of Plaintiff's ability to pay her costs, the Court will order Plaintiff to undergo a debtor's examination. The Court will defer its decision on Plaintiff's motion for reconsideration pending the outcome of the examination.

IT IS SO ORDERED.

DATED: 6/8/10

__________________________________ JEREMY FOGEL United States District Judge

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C a s e No. C 07-5740 JF (RS) O R D E R REQUESTING DEBTOR'S EXAMINATION ( JF L C 3 )

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This Order has been served upon the following person: Ms. Chin-Li Mou 4141 Boneso Circle San Jose, CA 95134

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C a s e No. C 07-5740 JF (RS) O R D E R REQUESTING DEBTOR'S EXAMINATION ( JF L C 3 )