Allied World Specialty Insurance Company v. Nebraska Electrical Services, LLC et al

Filing 77

ORDER CONTINUING HEARING ON DEBTOR'S EXAMINATION AND FOR DEFENDANTS TO SHOW CAUSE WHY THEY SHOULD NOT BE HELD IN CONTEMPT OF COURT - The Verified Motion to Continue Debtor's Examination and for Order to Show Cause (ECF # 76 ) is grante d. The debtor's examination currently scheduled for April 26, 2018, at 1:30 p.m., is cancelled. Defendant Justin VonLoh and a designated officer or member of Defendant Nebraska Electrical Services, LLC, shall appear before United States Magis trate Judge Susan M. Bazis in Courtroom 7 at the Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska, at 1:30 p.m. on May 23, 2018, to testify for determining what property or assets may be subject to execution or garnishment to ward satisfaction of the judgment rendered against them. Defendants shall produce all books, records, documents, papers, and other materials that contain information concerning their respective assets, property, income, or indebtedness, dating fro m January 1, 2017, through the date of the hearing. Defendants shall provide copies of the foregoing documents to Plaintiff's counsel at least seven (7) business days before the hearing. For reference, the contact information for Plaintiff� 39;s counsel is as follows: Jarrod D. Reece, Likes Meyerson Hatch LLC, 444 Regency Parkway Drive, Suite 100, Omaha, NE 68114. Additionally, Defendants shall appear before United States Magistrate Judge Susan M. Bazis in Courtroom 7 at the Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska, at 1:30 p.m on May 23, 2018, to show cause why they should not be held in contempt of court for failing to provide copies of all books, records, documents, papers, and other materia ls that contain information concerning their respective assets, property, income, or indebtedness, dating from January 1, 2017, to the present, prior to April 17, 2018, as previously ordered by this Court. Failure to appear at the hearing may result in a warrant being issued for the Defendants' arrest. Ordered by Magistrate Judge Susan M. Bazis. (Copy mailed to pro se party)(LAC)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA ALLIED WORLD SPECIALTY INSURANCE COMPANY, Plaintiff, v. NEBRASKA ELECTRICAL SERVICES, LLC; and JUSTIN R. VONLOH, Defendants. ) Case No.: 8:17-cv-490 ) ) ) ORDER CONTINUING HEARING ON ) DEBTOR’S EXAMINATION AND FOR ) DEFENDANTS TO SHOW CAUSE ) WHY THEY SHOULD NOT BE HELD ) IN CONTEMPT OF COURT ) ) ) This matter came on for consideration of the Verified Motion to Continue Debtor’s Examination and for Order to Show Cause filed by Plaintiff on April 23, 2018. (ECF # 76.) Upon consideration, the Court FINDS and ORDERS as follows: 1. The Verified Motion to Continue Debtor’s Examination and for Order to Show Cause (ECF # 76) is granted. 2. The debtor’s examination currently scheduled for April 26, 2018, at 1:30 p.m., is cancelled. 3. Defendant Justin VonLoh and a designated officer or member of Defendant Nebraska Electrical Services, LLC, shall appear before United States Magistrate Judge Susan M. Bazis in Courtroom 7 at the Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska, at 1:30 p.m. on May 23, 2018, to testify for determining what property or assets may be subject to execution or garnishment toward satisfaction of the judgment rendered against them. 4. Defendants shall produce all books, records, documents, papers, and other materials that contain information concerning their respective assets, property, income, or indebtedness, dating from January 1, 2017, through the date of the hearing. {00089217.DOCX} 5. Defendants shall provide copies of the foregoing documents to Plaintiff’s counsel at least seven (7) business days before the hearing. For reference, the contact information for Plaintiff’s counsel is as follows: Jarrod D. Reece Likes Meyerson Hatch LLC 444 Regency Parkway Drive, Suite 100 Omaha, NE 68114 (402) 506-4600 jreece@lmhlawfirm.com 6. Additionally, Defendants shall appear before United States Magistrate Judge Susan M. Bazis in Courtroom 7 at the Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska, at 1:30 p.m on May 23, 2018, to show cause why they should not be held in contempt of court for failing to provide copies of all books, records, documents, papers, and other materials that contain information concerning their respective assets, property, income, or indebtedness, dating from January 1, 2017, to the present, prior to April 17, 2018, as previously ordered by this Court. 7. Failure to appear at the hearing may result in a warrant being issued for the Defendants’ arrest. IT IS SO ORDERED. Dated this 24th day of April, 2018. BY THE COURT: s/ Susan M. Bazis United States Magistrate Judge {00089217.DOCX} 2 PREPARED AND SUBMITTED BY: Bryan S. Hatch (#21009) Jarrod D. Reece (#24800) Likes Meyerson Hatch LLC 444 Regency Parkway Drive, Suite 100 Omaha, NE 68114 Telephone: (402) 506-4600 Facsimile: (402) 506-4610 bhatch@lmhlawfirm.com jreece@lmhlawfirm.com and Phillip G. Alber (P24802) Alber Frank, PC 2301 W. Big Beaver Road, Suite 300 Troy, MI 48084 Telephone: (248) 822-6190 Facsimile: (248) 282-8100 palber@alberfrank.com Counsel for Plaintiff Allied World Specialty Insurance Company {00089217.DOCX} 3

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