Scanlon v. North Hills Dental Associates, LLC

Filing 14

ORDER granting 13 Motion to Take Examination of Judgment Debtor. Signed by Magistrate Judge F. Keith Ball on 7/24/17 (RBM)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION

R. TODD SCANLON, DMD
V.

PLAINTIFF
CA NO. 3:16-cv-410-DPJ-FKB

NORTH HILLS DENTAL ASSOCIATES, LLC

DEFENDANT

ORDER GRANTING PLAINTIFF’S MOTION TO TAKE EXAMINATION
OF DEFENDANT / JUDGMENT DEBTOR

There has come on for hearing on this date the Motion of Plaintiff, R. Todd Scanlon,
DMD, (“Plaintiff”) for an order, pursuant to Fed. R. Civ. P. 69(a) and Miss. Code Ann. §§ 13-1261, et seq., scheduling the examination of the Defendant/Judgment Debtor, North Hills Dental
Associates, LLC, (“Defendant/Judgment Debtor”) who is a judgment debtor to Plaintiff in the
above-styled civil action. The Court, being fully advised in the premises, hereby ORDERS as
follows:

1.

Plaintiff is entitled to examine the Defendant/Judgment Debtor, North Hills Dental

Associates, LLC, at 10:00 A.M. on September 20, 2017, at the law offices of Charles W. Wright,
Jr., PLLC, 1208 22nd Avenue, Meridian, Lauderdale County, Mississippi.

2.

Defendant/Judgment Debtor, North Hills Dental Associates, LLC, shall produce

at said time and date the following documents:

A.

Any and all documents evidencing joint or individual ownership by
Defendant/Judgment Debtor, of any property, whether real, personal or otherwise,
including, but not limited to, warranty deed(s) conveying property to and from
Defendant/Judgment Debtor, whether jointly or individually, within the last five
years, and deed(s) of trust on said properties;

B.

All certificates of title relating to the joint or individual ownership by

Defendant/Judgment Debtor or any motor vehicle of any type;

C.

Federal and State income tax returns for the last two (2) years, including
both jointly filed and separately filed returns;

D.

All bank statements and check registers for bank accounts in the name of
the Defendant/Judgment Debtor, and all in which Defendant/Judgment Debtor
may have any interest or in which the Defendant/Judgment Debtor, may be
authorized to write checks or withdraw funds at the present time;

E.

Any correspondence and all legal documents relating to the conveyance,
gift and any other method of disposal of property by Defendant/Judgment
Debtor, to any person or entity within the last five years;

F.

Any and all of Defendant/Judgment Debtor, of deposit, savings accounts,
time certificates and notes receivable of any kind or nature and from any party
or person whomsoever;

G.

Any and all judgments rendered against the Defendant/Judgment Debtor,
and any and all money judgments in favor of the Defendant/Judgment Debtor,
which has not been satisfied;

H.

All financial statements and reports prepared by or for the
Defendant/Judgment Debtor for the past two (2) years.

I.

All profit and loss statements prepared by or for the Defendant/Judgment
Debtor for the past two (2) years.

3.

IT IS, THEREFORE, ORDERED AND ADJUDGED that Defendant/Judgment

Debtor, North Hills Dental Associates, LLC, is to appear at the law offices of Charles W. Wright,
Jr., PLLC, 1208 22nd Avenue, Meridian, Lauderdale County, Mississippi, at 10:00 a.m. on
September 20, 2017, for an examination as a judgment debtor, and directing Defendant/Judgment
Debtor, North Hills Dental Associates, LLC, to produce at the examination the documents
specified in paragraph two (2) above. Plaintiff is to serve a copy of this Order on Defendant,
either through personal service or Certified Mail (including a return receipt) no later than 14
days prior to the scheduled examination on September 20, 2017. Plaintiff must then file a copy

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of the Proof of Service with the Court using the CM/ECF system.
SO ORDERED, this the 24th day of July, 2017.

/s/ F. Keith Ball
UNITED STATES MAGISTRATE JUDGE

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