Lansing Glaziers Local 826 Pension and Health and Welfare Trust Funds v. Flint Glass Service, LLC

Filing 15

ORDER granting 14 Motion compelling defendant to appear for a creditor's examination. Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN, SOUTHERN DIVISION
_______________________________
JOINT BOARD OF TRUSTEES
OF THE LANSING GLAZIERS
LOCAL UNION NO. 826 PENSION
AND HEALTH AND WELFARE
TRUST FUNDS,

File No. 2:09-cv-13301
Hon. George Caram Steeh

Plaintiff,
vs
FLINT GLASS SERVICE, L.L.C.,
a Michigan limited liability company,
Defendant.
_______________________________
Thomas M. Hitch (P25558)
McGINTY, HITCH, PERSON,
YEADON & ANDERSON, P.C.
Attorneys for Plaintiff
601 Abbot Road
East Lansing, MI 48823
517/351-0280

ORDER GRANTING EX PARTE MOTION

This matter having come before this Court on the Ex Parte Motion for an Order
Compelling Defendant to Appear for a Creditor’s Examination, in order to seek discovery of the
property or income of the debtor, and this Court having reviewed the Affidavit and Brief filed in
support thereof, and this Court finding that the Affidavit demonstrates, to the satisfaction of this
Court, that William Churchill, Jr., the Business Manager of the Defendant, Flint Glass Service,
L.L.C., is the person most knowledgeable of the finances and assets of Defendant, and this Court

being otherwise fully advised in the premises;
NOW, THEREFORE,
IT IS HEREBY ORDERED that William Churchill, Jr. shall be, and is hereby ordered to
appear at the Local 25 Ironworkers Union Hall, 3115 Joyce Street, Burton, Michigan, at 10:00
a.m. on April 20, 2017, for purposes of an examination under oath concerning the property and
income of Flint Glass Service, L.L.C.;
IT IS FURTHER ORDERED that William Churchill, Jr. shall produce for examination
the following books, papers and records of Flint Glass Service, L.L.C.:
A.

The last twelve months of bank statements.

B.

Federal tax returns for 2015, 2016 and, if available, 2017, for Flint Glass Service,
L.L.C.

C.

The fiscal year end financial statements for years 2015 and 2016, showing assets
and liabilities as of the end of each fiscal year.

D.

The most current monthly financial report, showing assets and liabilities and the
profit and loss statement as of March 30, 2017.

E.

The most current bank statement of any and all checking accounts and savings
accounts maintained by Flint Glass Service, L.L.C.

F.

Copies of any bank loans and security agreements, if any, that would impair the
assets of the corporation, including accounts receivable.

G.

Any personal notes or other written documents evidencing indebtedness of any
third parties to Flint Glass Service, L.L.C.

H.

Copies of deeds showing any interest in land owned by Flint Glass Service,
L.L.C.

I.

Copies of any mortgages on any of the real property owned by Flint Glass
Service, L.L.C.

J.

Copies of any leases of any of the automobiles or equipment used by Flint Glass
Service, L.L.C. in conducting its business.

K.

Evidence of federal or state tax liens.

IT IS FURTHER ORDERED AND ADJUDGED that the failure to obey the commands
of this Order or appear at the stated time and place may subject William Churchill, Jr. to penalty
for contempt of Court.

s/George Caram Steeh
Hon. George Caram Steeh
United States District Judge
Dated: March 27, 2017