Unite Here Health v. Desert Palace Inc et al

Filing 49

ORDER Granting 47 Ex Parte Motion Scheduling Judgment Debtor Examination and Production of Documents. Judgment Debtor Exam set for 1/7/2014 09:00 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. Signed by Magistrate Judge Peggy A. Leen on 11/25/2013. (Copies have been distributed pursuant to the NEF - SLR)

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CHRISTENSEN JAMES & MARTIN
KEVIN B. CHRISTENSEN, ESQ. (175)
DARYL E. MARTIN, ESQ. (6735)
LAURA J. WOLFF, ESQ. (6869)
7440 W. Sahara Avenue
Las Vegas, Nevada 89117
Tel.: [phone]
Fax: [phone]
[e-mail], [e-mail], [e-mail]
Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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*****

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UNITE HERE HEALTH, by and through its
fiduciary, Matthew Walker,

CASE: 2:13-cv-00069-GMN-PAL

Plaintiff,

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vs.

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DESERT PALACE, INC. dba CAESAR’S
PALACE, a Nevada corporation; BISTRO
CENTRAL, LV, LLC dba CENTRAL 24/7, a
Nevada limited liability company; CARL
HALVORSON, individually; JOHN DOES I-X,
inclusive, ROE ENTITIES I-X, inclusive,

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Date:
Time:

Defendants.

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[Proposed]
ORDER SCHEDULING
JUDGMENT DEBTOR
EXAMINATION AND ORDER
FOR PRODUCTION OF
DOCUMENTS

Pursuant to the Application of the Judgment Creditor for issuance of this Court’s Order

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Scheduling Judgment Debtor Examination and Production of Documents, Good Cause
Appearing therefor,

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IT IS HEREBY ORDERED, ADJUDGED and DECREED that:

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Defendant / Judgment Debtor BISTRO CENTRAL, LV, LLC shall designate its

owner Carl Halvorson, or other person(s) knowledgeable of its assets and of the matters

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identified below, who shall personally appear before this Court on
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m. and shall be sworn to tell the truth and give testimony at a
subsequent Judgment Debtor Examination.

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,

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Subject to such other arrangements as the parties may later agree regarding date

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or time, the person(s) so designated, immediately after appearing before this Court on the date

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and time above stated, shall accompany Judgment Creditor’s Counsel and shall give sworn

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

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Creditor, Christensen James & Martin, located at 7440 W. Sahara Avenue, Las Vegas, NV
89117. Judgment Debtors shall be examined with regard to the following:

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The creation, operation and administration of the Judgment Debtor and
potentially related and/or successor entities (if any such entities exist);
Life insurance policies owned by the Judgment Debtor and potentially related

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and/or successor entities;

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Assets, finances, banking and escrow accounts of the Judgment Debtor and all

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related or successor entities;

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The names of current directors, members, shareholders, or other entity

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officers;
Accounts with any financial institutions;

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Safety deposit box locations;

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Liens or other judgments existing against the Judgment Debtor;

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Accounts receivable;

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Money owed to the Judgment Debtor by third-parties;

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Sources of income available to the Judgment Debtor;

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Loans made by the Judgment Debtor;
Loans presently sought by the Judgment Debtor;
Real estate owned by the Judgment Debtor;
Trusts of which the Judgment Debtor may be a beneficiary;

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Vehicles or other assets owned by the Judgment Debtor;

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Lawsuits or claims asserted by the Judgment Debtor against others;

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Equipment, vehicles or other assets loaned by the Judgment Debtor to others;

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Stocks, bonds, money markets or other investment accounts;
Tax liens against the Judgment Debtors;
Pending lawsuits against the Judgment Debtors;

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Threatened lawsuits against the Judgment Debtors,and

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All other matters relevant to the Judgment Debtor’s ability and willingness to
pay the Judgment entered by the Court on July 11, 2013.

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3.

At least one week prior to the above-scheduled Judgment Debtor Examination,

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Judgment Debtor shall produce the following documents to Christensen James & Martin, c/o
Daryl E. Martin, Esq., 7440 W. Sahara Avenue, Las Vegas, Nevada 89117:

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All documents, electronic data and information related to the creation,

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operation and administration of the Judgment Debtor and related or successor

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entities (if any);
All documents, electronic data and information relating to life insurance

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policies owned by the Judgment Debtor and related or successor entities;

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All documents, electronic data and information relating to the assets, finances,

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banking and escrow accounts of the Judgment Debtor and all related or

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successor entities;

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All documents, electronic data and information relating to any trust of which

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the Judgment Debtor is a beneficiary;
Federal and state income tax returns for the past three (3) calendar years;
Records of Judgment Debtor’s checking accounts for calendar year 2013;
Records of Judgment Debtor’s savings accounts for calendar year 2013 ;

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Title or other evidence of ownership of real estate in which Judgment Debtor

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possesses any interest, including any contingent or unperfected interests;

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Documents regarding any equitable or beneficial ownership of any real estate;

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Titles or other evidence of ownership of automobiles, trucks, vans, campers,
motorcycles, snowmobiles or other motor vehicles of any type or description:
Titles or other evidence of ownership for equipment, machinery, tools and the
like;

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All accounts receivable due;

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All notes or other loans due;

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

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other person, persons or companies;
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All stocks, bonds or similar instruments owned by the employer;

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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

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the Judgment Debtor for safekeeping or as 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

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else of value; and
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Estates of which the Judgment Debtor is an heir, devisee or legatee.

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Judgment Creditor shall utilize its best reasonable efforts to personally serve the

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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 address of the

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Judgment Debtors, or upon proof that the Order was personally delivered to the office of

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Judgment Debtor’s attorney of record in this Case.

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5.

Should Judgment Debtors fail or refuse to cause a knowledgeable representative

to appear at the Judgment Debtor Examination herein scheduled, or to produce the documents

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referred to above, this Court may adjudicate Judgment Debtor guilty of civil contempt of its
orders and may issue a warrant or seizure order to compel compliance with this Order.
DATED and DONE this

day of

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JUDGE

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Submitted by:
CHRISTENSEN JAMES & MARTIN
By: /s/ Daryl E. Martin
Daryl E. Martin, Esq.

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