Hotel Employees and Restaurant Employees International Union Welfare Fund et al v. Kephart & Corti Productions, Inc. et al

Filing 37

ORDER Granting 36 Ex Parte Motion. Judgment Debtor Robert Kephart shall personally appear before this court on 8/9/2011 09:00 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. Signed by Magistrate Judge Peggy A. Leen on 7/12/2011. (Copies have been distributed pursuant to the NEF - SLR)

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CHRISTENSEN JAMES & MARTIN
KEVIN B. CHRISTENSEN, ESQ.
Nevada Bar No. 000175
SARA D. COPE, ESQ.
Nevada Bar No. 10329
7440 W. Sahara Ave.
Las Vegas, NV 89117
Tel.: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs/Judgment Creditors

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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HOTEL EMPLOYEES AND RESTAURANT
EMPLOYEES INTERNATIONAL UNION
WELFARE FUND, by and through its Fiduciary
Tom Zumtobel; SOUTHERN NEVADA
CULINARY AND BARTENDERS PENSION
TRUST FUND, by and through its Fiduciary
Angie Ambrose,

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ORDER
SCHEDULING
JUDGMENT
DEBTOR
EXAMINATION OF ROBERT
KEPHART

vs.

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Case No.: 2:09-CV-02043-GMN-PAL

KEPHART & CORTI PRODUCTIONS, INC. dba
THE COMEDY STOP, a Nevada Corporation;
TROPICANA LAS VEGAS, INC., a Nevada
Corporation; ROBERT KEPHART, individually;
JOHN DOES 1-5; ROE ENTITIES 1-5,

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Plaintiffs,

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Defendants.

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Pursuant to the Application of Judgment Creditors Hotel Employees and Restaurant
Employees International Union Welfare Fund and the Southern Nevada Culinary and Bartenders

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Pension Trust Fund (collectively "Judgment Creditors") for issuance of this Court's Order

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Scheduling Judgment Debtor Examination of Robert Kephart and Production of Documents, and

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Good Cause Appearing therefor,

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IT IS HEREBY ORDERED, ADJUDGED and DECREED that:

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Judgment Debtor Robert Kephart ("Judgment Debtor") shall personally appear

August

9
, _ _,

2011

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before this Court on ---'----

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sworn to tell me the truth and give testimony at a subsequent Judgment Debtor Examination.

at

.m.
9:00 a.m. and shall be

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2.

Immediately after appearing before this Court on the date and time above-stated,

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the Judgment Debtor shall accompany Judgment Creditors' Counsel and shall give sworn

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testimony at a Judgment Debtor Examination to be held at the Offices of Counsel for the

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Judgment Creditors (unless otherwise negotiated by the Parties and approved by the Court),

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located at 7440 W. Sahara Avenue, Las Vegas, NV 89117. Judgment Debtor shall be examined

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with regard to the extent and location of Judgment Debtor's assets that may be available to the

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Judgment Creditors for the purpose of satisfying the Judgment entered by this Court on or about

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April 11, 2011 , specifically regarding the following:

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Judgment Debtor's personal property and assets;

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Judgment Debtor's source of income;

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•

Judgment Debtor's accounts with financial institutions;

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Safety deposit box locations;

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Liens against the Judgment Debtor;

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Money owed to the Judgment Debtor by anyone else;

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Loans made by the Judgment Debtor;

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Real estate owned by the Judgment Debtor;

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Trust in which the Judgment Debtor may be a beneficiary;

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Vehicles owned by the Judgment Debtor;

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Lawsuits by the Judgment Debtor;

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Judgment Debtor's stocks, bonds, money markets or other investment accounts;

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Other Judgments pending against the Judgment Debtor;

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Tax liens against the Judgment Debtor;

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Pending lawsuits against the Judgment Debtor; and

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Threatened lawsuits against the Judgment Debtor.

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3.

At least one week prior to the Judgment Debtor Examination, Judgment Debtor

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shall produce the following documents to Christensen James & Martin, c/o Sara D. Cope, Esq.,

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7440 W. Sahara Avenue, Las Vegas, NV 89117:

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Judgment Debtor's federal and state income tax returns for the past five (5) years;

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Judgment Debtor's most recent pay stub(s);

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Judgment Debtor's checking account records;

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Judgment Debtor's savings account records;

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Title or other evidence of Judgment Debtor's ownership of real estate;

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Documents regarding any equitable or beneficial ownership of any real estate

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owned by the Judgment Debtor;
•

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Titles or other evidence of Judgment Debtor's ownership of automobiles, trucks,
vans, campers, motorcycles, snowmobiles or other motor vehicles of any type or

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description;

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All notes or other loans due the Judgment Debtor;

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All lawsuits, claims or causes of action by the Judgment Debtor against any other

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person, persons or companies;

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All stocks, bonds or similar instruments owned by the Judgment Debtor;

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All written or oral trusts of which the Judgment Debtor is a beneficiary;

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All accounts of any kind in which any person is holding any item of value for the

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Judgment Debtor for safekeeping or as a custodian or trustee;

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Evidence of any safe deposit boxes;

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Leases in which the Judgment Debtor has the right to receive rent or anything else

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of value; and

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Estates of which the Judgment Debtor is an heir, devisee or legatee.

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4.

Judgment Creditors shall utilize their best reasonable efforts to personally serve

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the Judgment Debtor with a copy of this Order. Nonetheless, this Order shall be deemed served

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upon the Judgment Debtor upon proof of attempted service at the last known addresses of the

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Judgment Debtor.

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5.

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Should Judgment Debtor fail or refuse to appear at the Judgment Debtor

Examination herein scheduled, or to produce the documents referred to above, this Court may
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adjudicate the Judgment Debtor guilty of civil contempt of its orders and may issue a warrant or

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seizure order to compel compliance with this Order.
DATED and DONE this _ _ day ofof July, 2011.
DATED and DONE this 12th day

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__________________________
DISTRICT JUDGE
U.S. Magistrate Judge

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Submitted by:
CHRISTENSEN JAMES & MARTIN

By:

/s/ Sara D. Cope
Sara D. Cope, Esq.
Attorneys for Plaintiffs/
Judgment Creditors

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