Trustees of the Operating Engineers Pension Trust et al v. Diversified Concrete Cutting, Inc. et al

Filing 45

ORDER for Judgment Debtor Examination of Kenneth M. Mercurio re: 44 Notice. Signed by Magistrate Judge George Foley, Jr on 11/19/2018. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:17-cv-02686-APG-GWF Document 44-2 Filed 11/16/18 Page 2 of 5

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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: [phone]
Facsimile: [phone]
Electronic Mail: [e-mail]
[e-mail]
Counsel for Plaintiff Trust Funds

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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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,

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(Proposed)
ORDER FOR JUDGMENT DEBTOR
EXAMINATION OF KENNETH M.
MERCURIO

Plaintiffs,

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CASE NO: 2:17-cv-02686-APG-GWF

vs.
DIVERSIFIED CONCRETE CUTTING,
INC., a Domestic Corporation; SPECIALTY
CONTRACTING CO. d/b/a DIVERSIFIED
DEMOLITION CO.; and KENNETH M.
MERCURIO, an individual,
Defendant.

Having considered Plaintiffs’ Notice to Court Regarding Judgment Debtor Examination
Scheduled and the Declaration of Nathan R. Ring and good cause appearing,
IT IS HEREBY ORDERED that Defendant/Judgment Debtor Kenneth Mercurio, appear at the
law offices of Reese Kintz, LLC, 201 W. Liberty St., Suites 203-204, Reno, NV 89501 on the 11th day
of December, 2018, at 10:00 a.m., to be sworn in for a Judgment Debtor Examination and answer
concerning property subject to the ownership and control of Mercurio.

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Case 2:17-cv-02686-APG-GWF Document 44-2 Filed 11/16/18 Page 3 of 5

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IT IS FURTHER ORDERED that Mercurio brings with him the following documents under
his control or under the control of his agents, attorneys or accountants:
a.

All financial statements prepared by or on behalf of Mercurio from January 1, 2017, to

the present.

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b.

All original monthly bank statements of Mercurio from January 1, 2017, to the present.

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c.

All original savings account pass books, certificates of deposit, and trust certificates in

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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

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corporation, partnership, unincorporated association or any business organized or conducted for the

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production of income from January 1, 2017, to the present.

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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

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Mercurio from January 1, 2017, to the present, including but not limited to contracts, invoices, billings,

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vouchers or payments.

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i.

All evidence of any ownership interest of Mercurio to include but not limited to, bills of

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sale, pink slips or any other record or title, in any motor vehicle, airplane, boat, equipment or machinery,

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from January 1, 2017, to the present.

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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.

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Case 2:17-cv-02686-APG-GWF Document 44-2 Filed 11/16/18 Page 4 of 5

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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.

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p.

Any and all loan applications filled out by Mercurio since January 1, 2017.

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q.

Copies of all documents evidencing the sale or transfer of any assets of Mercurio from

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January 1, 2017, to the present.

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r.

Any and all documents evidencing any federal or State tax liability of Mercurio.

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s.

Original cash disbursement journals and/or check registers maintained in connection with

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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.

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NOTICE TO JUDGMENT DEBTOR

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IF YOU FAIL TO APPEAR AT THE TIME AND PLACE SPECIFIED IN THIS ORDER,

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YOU MAY BE SUBJECT TO ARREST AND PUNISHMENT FOR CONTEMPT OF COURT

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AND THE COURT MAY MAKE AN ORDER REQUIRING YOU TO PAY REASONABLE

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ATTORNEY’S

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PROCEEDING.

FEES

INCURRED

BY

THE

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JUDGMENT

CREDITORS

IN

THIS

Case 2:17-cv-02686-APG-GWF Document 44-2 Filed 11/16/18 Page 5 of 5

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Dated this _____ of _______________, 2018.
19th
November

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By:

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UNITED STATES DISTRICT JUDGE
UNITED STATES MAGISTRATE JUDGE

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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

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