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

Filing 42

ORDER granting 41 Motion for Telephonic Examination of Judgment Debtor and Restraining Transfer of Certain Property Outside the Ordinary Course of Business. Signed by District Judge Robert H. Cleland. (LWag)

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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
Case No. 2:16-cv-12583
DETROIT HEALTH AND WELFARE
Hon. Robert H. Cleland
FUND and MICHIGAN LABORERS
Magistrate Judge David R. Grand
TRAINING FUND,
Plaintiffs,
v
E and R MASONARY CONSTRUCTION
INCORPORATED, BRICK MASONRY,
INCORPORATED, BMC MASONRY,
INCORPORATED, ROBERTO SANCHEZ,
EFRAIN SANCHEZ, ULICES SANCHEZ
and ELENA SANCHEZ,
Defendants.
/

ORDER FOR TELEPHONIC EXAMINATION OF JUDGMENT
DEBTOR, E AND R MASONARY CONSTRUCTION, INCORPORATED,
BY AND THROUGH ITS OFFICER, ROBERTO A. SANCHEZ,
AND RESTRAINING TRANSFER OF CERTAIN PROPERTY
OUTSIDE OF THE ORDINARY COURSE OF BUSINESS
Roberto A. Sanchez
THIS MATTER having come before this Court on Plaintiffs’ Ex-Parte
Motion for Telephonic Examination of Judgment Debtor, E and R Masonary
Construction, Incorporated, By and Through its Officer, Roberto A. Sanchez, and

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Restraining Transfer of Certain 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 (“E and R”), whose
registered address is 15972 Merriman Rd., Romulus, Michigan 48174, shall appear
telephonically, via conference call, for a judgment debtor examination on June 25,
2020 at 10:30 a.m.
IT IS FURTHER ORDERED that:
a. The judgment debtor examination will be held telephonically, via
conference call. Roberto A. Sanchez is hereby instructed to call in to
877-806-9883,

using

passcode

number

435-049-2134

on

the

aforementioned date and time to be examined under oath concerning the
income, property, or other means of satisfying the Judgment entered
herein against E and R on November 17, 2017 [Docket No. 28, Page ID
No. 200-201].
b. The court reporter will transcribe the examination from a location
separate from the witness via stenographic means.
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c. Counsel for Plaintiffs will be participating in the telephonic examination
from a separate location.
d. The examination will be conducted in accordance with the Federal Rules
of Civil Procedure.
IT IS FURTHER ORDERED that said person shall produce, on or before
June 18, 2020, either via e-mail to [e-mail] or via first class
mail to Craig E. Zucker, 28400 Northwestern Hwy., 2nd Floor, Southfield, Michigan
48034, the following books, records, and papers in his possession, custody or
control as they relate to E and R:
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 E and R has, or has had, any interest, at
any time during the two (2) years immediately preceding the date hereof;
2.

Copies of all returns, schedules and forms filed by, or on behalf of,

E and R 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 E and R at any time during the three (3) years immediately
preceding the date hereof;

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3.

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All books of account and accounts receivable ledgers, with accounts

receivable ledgers to include (i) the amounts of any accounts receivable, (ii) the
names of the customers or account debtors of E and R, and (iii) the addresses and
contact information of said customers or account debtors of E and R;
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, E and R, at any and all
times during the five (5) years immediately preceding the date hereof; and
6.

Copies of all profit and loss statements and balance sheets relating to

the affairs of E and R prepared by, or on behalf of, E and R at any time during the
two (2) years immediately preceding the date hereof.
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 E and R, whether now
owned, or hereafter acquired by, or becoming due to E and R, except property
required for ordinary course of business operations, including disbursements for
payroll, taxes, trade vendors, accounts payable and the like, for a period of two
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years from the date hereof. This order does not apply to property exempt by law
from application to the satisfaction of the judgment.

DATED: June 4, 2020

s/Robert H. Cleland
ROBERT H. CLELAND
United States District Court Judge

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