Electrical Workers Insurance Fund et al v. Applied Building Technologies, Incorporated et al

Filing 71

ORDER granting 70 Motion examination of judgment debtor and restraining transfer of certain property supplementary to judgment. Signed by District Judge George Caram Steeh (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION – DETROIT

ELECTRICAL WORKERS’ INSURANCE
FUND, et al,
Plaintiffs,

Case No. 10-10897

v
Hon. George Caram Steeh
APPLIED BUILDING TECHNOLOGIES,
INC., a/k/a APPLIED BUILDING
TECHNOLOGIES and a/k/a SECURTEC
ELECTRONICS SYSTEMS, INC.,
Defendant.
/
ORDER FOR EXAMINATION OF JUDGMENT
DEBTOR AND RESTRAINING TRANSFER OF CERTAIN
PROPERTY SUPPLEMENTARY TO JUDGMENT
David St. Germain
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 David St. Germain, as officer and director of the
corporation) (“Defendant”), whose address is 6500 Roosevelt Ave., Allen Park, Michigan 48101,
appear at the law offices of Erman, Teicher, Miller, Zucker & Freedman, P.C., 400 Galleria
Officentre, Ste. 444, Southfield, Michigan 48034, on July 26, 2012 at 10:30 a.m., to be
examined under oath concerning the income, property, or other means of satisfying the Amended
Consent Judgment entered herein against Defendant on October 4, 2010.

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 Applied
Building Technologies, Inc., a/k/a Applied Building Technologies and a/k/a Securtec Electronics
Systems, 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.

All books of account and accounts receivable ledgers;

4.

List of assets and liabilities;

5.

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.
IT IS FURTHER ORDERED that said Defendant, Applied Building Technologies, Inc.,
a/k/a Applied Building Technologies and a/k/a Securtec Electronics Systems, Inc., and its
officers, directors, employees and agents, and any third party who is served with a true and
entered copy of this Order, 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/George Caram Steeh
United States District Judge
Dated: July 3, 2012