Laborers Pension Trust Fund - Detroit and Vicinity et al v. F and M Poured Walls, Incorporated

Filing 22

ORDER granting 10 Motion for Examination of Judgment Debtor. Signed by District Judge Patrick J Duggan. (MOre)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION LABORERS' PENSION TRUST FUND-DETROIT AND VICINITY, et al, Plaintiffs, v Hon. Patrick J. Duggan F & M POURED WALLS, INC., Defendant. / ORDER FOR EXAMINATION OF JUDGMENT DEBTOR AND RESTRAINING TRANSFER OF CERTAIN PROPERTY SUPPLEMENTARY TO JUDGMENT Giuseppe Ferro THIS MATTER having come before this Court on Plaintiffs' Motion for Examination of Judgment Debtor and Restraining Transfer of Certain Property Supplementary to Judgment, and said motion having been duly filed along with a supporting Affidavit and Brief, and the Court having reviewed the same and being fully advised in the premises; NOW THEREFORE; IT IS HEREBY ORDERED that Giuseppe Ferro, officer and incorporator of the corporation ("Defendant"), whose registered address is 2201 Hamlin Rd., Utica, Michigan 48317, appear at the law offices of Erman, Teicher, Miller, Zucker & Freedman, P.C., 400 Galleria Officentre, Suite 444, Southfield, Michigan 48034, on Wednesday, October 15, 2008 at 10:30 a.m., to be examined under oath concerning the income, property, or other means of satisfying the Judgment entered herein against Defendant on August 26, 2008. Case No. 08-12978

IT IS FURTHER ORDERED that said person shall bring with him the following books, records, and papers in his possession, custody or control as they relate to Defendant F & M Poured Walls, Inc.: 1. All checkbooks, check registers, check stubs, canceled checks, bank statements and

other documents whatsoever relating to any deposit, savings, passbook or like account maintained with a bank, savings and loan association, credit union or like organization, in which Defendant has, or has had, any interest, at any time during the three (3) years immediately preceding the date hereof, or date of cessation of business, whichever is earlier; 2. Copies of all returns, schedules and forms filed by or on behalf of Defendant with

the Internal Revenue Service, State of Michigan, and any municipal governments, relating to any income received, property owned, business activities, sale or intangibles tax, of Defendant at any and all times during the period three (3) years preceding the date hereof or date of cessation of business, whichever is earlier; 3. 4. 5. All books of account and accounts receivable ledgers; List of assets and liabilities; All contracts of purchase, sale, bills of sale, certificates of title and deeds, and all

other evidences of title or instruments of whatsoever kind or nature, relating to the purchase, sale or ownership of any property, real or personal, or any interest therein, purchased, sold or owned by or on behalf of Defendant at any time during the five (5) years immediately preceding the date hereof or date of cessation of business, whichever is earlier; and 6. Copies of all profit and loss statements and balance sheets relating to the affairs of

Defendant prepared by, or on behalf of, said Defendant during the period three (3) years immediately preceding the date hereof or date of cessation of business, whichever is earlier.

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IT IS FURTHER ORDERED that said Defendant, F & M Poured Walls, Inc., and its officers and directors, are restrained from transferring or disposing of any property of Defendant, whether now owned, or hereafter acquired by, or becoming due to Defendant, until further order of this Court. This order does not apply to property exempt by law from application to the satisfaction of the judgment.

s/Patrick J. Duggan United States District Judge Dated: September 9, 2008September 9, 2008 I hereby certify that a copy of the foregoing document was served upon counsel of record on September 9, 2008, by electronic and/or ordinary mail. s/Marilyn Orem Case Manager

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