Trustees of the Operating Engineers Pension Trust et al v. Diversified Concrete Cutting, Inc. et al
Filing
19
ORDER granting 17 Motion for Judgment Debtor Exam of Kenneth M. Mercurio. Signed by Magistrate Judge George Foley, Jr on 5/15/2018. (Copies have been distributed pursuant to the NEF - MMM)
Case 2:17-cv-02686-APG-GWF Document 17-2 Filed 05/11/18 Page 1 of 4
1
2
3
4
5
LAQUER, URBAN, CLIFFORD & HODGE LLP
MICHAEL A. URBAN, Nevada State Bar No. 3875
NATHAN R. RING, Nevada State Bar No. 12078
4270 South Decatur Blvd., Suite A-9
Las Vegas, Nevada 89103
Telephone: (702) 968-8087
Facsimile: (702) 968-8088
Electronic Mail: murban@luch.com
nring@luch.com
Counsel for Plaintiff Trust Funds
6
UNITED STATES DISTRICT COURT
7
DISTRICT OF NEVADA
8
9
10
11
12
13
14
TRUSTEES OF THE OPERATING
ENGINEERS PENSION TRUST;
TRUSTEES OF THE OPERATING
ENGINEERS HEALTH AND WELFARE
FUND; TRUSTEES OF THE OPERATING
ENGINEERS JOURNEYMAN AND
APPRENTICE TRAINING TRUST; and
TRUSTEES OF THE OPERATING
ENGINEERS VACATION-HOLIDAY
SAVINGS TRUST,
17
18
19
vs.
DIVERSIFIED CONCRETE CUTTING,
INC., a Domestic Corporation; SPECIALTY
CONTRACTING CO. d/b/a DIVERSIFIED
DEMOLITION CO.; and KENNETH M.
MERCURIO, an individual,
Defendant.
20
21
22
23
24
25
26
27
28
(Proposed)
ORDER FOR JUDGMENT DEBTOR
EXAMINATION OF KENNETH M.
MERCURIO
Plaintiffs,
15
16
CASE NO: 2:17-cv-02686-APG-GWF
Having
considered
Plaintiffs’
Application
for
Judgment
Debtor
Examination
of
Defendant/Judgment Debtor Kenneth M. Mercurio (hereinafter “Mercurio”), and the Declaration of
Nathan R. Ring and good cause appearing,
IT IS HEREBY ORDERED that Defendant/Judgment Debtor Mercurio, appear at the law
offices of Reese Kintz, LLC, 201 W. Liberty St., Suites 203-204, Reno, NV 89501 on the 22nd day of
June, 2018, at 1:00 p.m., to be sworn in for a Judgment Debtor Examination and answer concerning
property subject to the ownership and control of Kenneth Mercurio.
1
Case 2:17-cv-02686-APG-GWF Document 17-2 Filed 05/11/18 Page 2 of 4
1
2
3
4
IT IS FURTHER ORDERED that the Mercurio brings with him the following documents
under his control or under the control of its agents, attorneys or accountants:
a.
All financial statements prepared by or on behalf of Mercurio from January 1, 2017, to
the present.
5
b.
All original monthly bank statements of Mercurio from January 1, 2017, to the present.
6
c.
All original savings account pass books, certificates of deposit, and trust certificates in
7
8
9
10
11
12
the name of Mercurio January 1, 2017, to the present.
d.
All canceled checks drawn on any account established in the name of Mercurio from
January 1, 2017, to the present.
e.
All original negotiable instruments and negotiable securities in the name of Mercurio
from January 1, 2017, to the present.
f.
All evidence or other memoranda of any ownership interest of Mercurio in any
13
corporation, partnership, unincorporated association or any business organized or conducted for the
14
production of income from January 1, 2017, to the present.
15
16
17
g.
All evidence or other memoranda of any income received by Mercurio January 1, 2017,
to the present, to include but not limited to tax returns, insurance proceeds, or repayment of loans.
h.
All evidence or other memoranda of any employer, or place of work or employment of
18
Mercurio from January 1, 2017, to the present, including but not limited to contracts, invoices, billings,
19
vouchers or payments.
20
i.
All evidence of any ownership interest of Mercurio to include but not limited to, bills of
21
sale, pink slips or any other record or title, in any motor vehicle, airplane, boat, equipment or machinery,
22
from January 1, 2017, to the present.
23
24
25
26
j.
All evidence of any debts or repayments owed by Mercurio, to include but not limited to,
those arising from loans or judgments from January 1, 2017, to the present.
k.
Any and all evidence or other memoranda indicating that Mercurio was either a plaintiff
or a defendant in any lawsuit from January 1, 2017, to the present.
27
28
2
Case 2:17-cv-02686-APG-GWF Document 17-2 Filed 05/11/18 Page 3 of 4
1
2
3
4
5
6
7
8
l.
Any and all evidence or memoranda indicating that Mercurio received any judgment,
award, bequest or devise in any lawsuit or other court action from January 1, 2017, to the present.
m.
Any and all evidence or memoranda indicating any ownership interest of Mercurio in
any patent, invention, trade name, or copyright.
n.
Any and all evidence or memoranda indicating an ownership interest of Mercurio in any
real property or developments on real property.
o.
Any and all evidence of the sale(s) of any real or personal property of Mercurio from
January 1, 2017, to the present.
9
p.
Any and all loan applications filled out by Mercurio since January 1, 2017.
10
q.
Copies of all documents evidencing the sale or transfer of any assets of Mercurio from
11
January 1, 2017, to the present.
12
r.
Any and all documents evidencing any federal or State tax liability of Mercurio.
13
s.
Original cash disbursement journals and/or check registers maintained in connection with
14
15
any business of Mercurio from January 1, 2017, to the present.
t.
Federal income tax returns of Mercurio for the year 2017 to the present.
16
17
18
NOTICE TO JUDGMENT DEBTOR
19
IF YOU FAIL TO APPEAR AT THE TIME AND PLACE SPECIFIED IN THIS ORDER,
20
YOU MAY BE SUBJECT TO ARREST AND PUNISHMENT FOR CONTEMPT OF COURT
21
AND THE COURT MAY MAKE AN ORDER REQUIRING YOU TO PAY REASONABLE
22
ATTORNEY’S
23
PROCEEDING.
FEES
INCURRED
BY
THE
24
25
26
27
28
3
JUDGMENT
CREDITORS
IN
THIS
Case 2:17-cv-02686-APG-GWF Document 17-2 Filed 05/11/18 Page 4 of 4
1
2
May
15th
Dated this _____ of _______________, 2018.
3
4
By:
UNITED STATES DISTRICT JUDGE
STATES MAGISTRATE JUDGE
5
6
7
8
9
10
11
12
Submitted by:
LAQUER, URBAN, CLIFFORD & HODGE LLP
By:
/s/ Nathan R. Ring
MICHAEL A. URBAN, Nevada State Bar No. 3875
NATHAN R. RING, Nevada State Bar No. 12078
Counsel for Plaintiff Trust Funds
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?