Laborers Pension Trust Fund - Detroit and Vicinity et al v. E and R Masonary Construction Incorporated et al

Filing 31

ORDER granting 30 Motion for Examination of Judgment Debtor and Restraining Transfer of Property Outside the Ordinary Course of Business. Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
LABORERS PENSION TRUST FUNDDETROIT AND VICINITY, LABORERS
VACATION AND HOLIDAY TRUST
FUND-DETROIT AND VICINITY,
LABORERS METROPOLITAN
DETROIT HEALTH AND WELFARE
FUND and MICHIGAN LABORERS
TRAINING FUND,
Plaintiffs,
v

Case No. 2:16-cv-12583
Hon. Robert H. Cleland
Magistrate Judge David R. Grand

E and R MASONARY CONSTRUCTION
INCORPORATED, BRICK MASONRY,
INCORPORATED, BMC MASONRY,
INCORPORATED, ROBERTO SANCHEZ,
EFRAIN SANCHEZ, ULICES SANCHEZ
and ELENA SANCHEZ,
Defendants.
/

ORDER FOR EXAMINATION OF JUDGMENT DEBTOR
AND RESTRAINING TRANSFER OF PROPERTY
OUTSIDE OF THE ORDINARY COURSE OF BUSINESS
Roberto A. Sanchez
THIS MATTER having come before this Court on Plaintiffs’ Ex-Parte Motion
for Examination of Judgment Debtor and Restraining Transfer of Property Outside of
the Ordinary Course of Business, 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 Roberto A. Sanchez, for and on behalf of
Defendant E and R Masonary Construction, Incorporated, whose address is 15972
Merriman Rd., Romulus, Michigan 48174, appear at the law offices of Erman, Teicher,
Zucker & Freedman, P.C., 400 Galleria Officentre, Suite 444, Southfield, Michigan
48034 on Tuesday, January 30, 2018 at 10:00 a.m., to be examined under oath
concerning the income, property, or other means of satisfying the Judgment entered
herein against Defendant E and R Masonary Construction, Incorporated on November
17, 2017.
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 E and R Masonary Construction, Incorporated:
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

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governments, relating to any income received, property owned, business activities, sale
or intangibles tax, of Defendant at any time during the three (3) years immediately
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 and all times 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 at any time during the
three (3) years immediately preceding the date hereof, or date of cessation of business,
whichever is earlier.
IT IS FURTHER ORDERED that said Defendant, E and R Masonary
Construction, Incorporated, and any 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, except property required for

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ordinary course of business operations, including disbursements for payroll, taxes,
trade vendors, accounts payable and the like, for a period of two years from the date
hereof. This order does not apply to property exempt by law from application to the
satisfaction of the judgment.

S/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE

Dated: January 11, 2018

I hereby certify that a copy of the foregoing document was mailed to counsel of record
and/or pro se parties on this date, January 11, 2018, by electronic and/or ordinary mail.

S/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

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