Tratt Industries, LLC et al v. Patterson et al

Filing 10

ORDER. IT IS ORDERED, that Defendant TROY BAKER, appear at the law offices of ALBRIGHT, STODDARD, WARNICK & ALBRIGHT located at 801 South Rancho Drive, Suite D-4, Las Vegas, Nevada, on Tuesday, 5/18/2021, at the hour of 1:00 p.m. See Order for Details. Signed by Magistrate Judge Daniel J. Albregts on 4/27/2021. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:21-cv-00191-RFB-DJA Document 9 Filed 04/26/21 Page 5 of 10

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D. CHRIS ALBRIGHT, ESQ.
Nevada Bar No. 004904
ALBRIGHT, STODDARD, WARNICK & ALBRIGHT
801 South Rancho Drive, Suite D-4
Las Vegas, Nevada 89106
Tel: [phone]
Fax: [phone]
[e-mail]
Attorney for Defendants Dwight L. Patterson
and Laurie M. Patterson

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IN THE UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

10 TRATT INDUSTRIES, LLC; TROY BAKER; and CASE NO.:
MATTHEW SHEPARD,
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13 v.
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2:21-cv-00191-RFB-DJA

Plaintiffs/Counterdefendants,

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A PROFESSIONAL CORPORATION
QUAIL PARK, SUITE D-4
801 SOUTH RANCHO DRIVE
LAS VEGAS, NEVADA 89106

LAW OFFICES

ALBRIGHT, STODDARD, WARNICK & ALBRIGHT

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DWIGHT L. PATTERSON and LAURIE M.
PATTERSON, Individually and as Trustees of the
PATTERSON REVOCABLE TRUST; SANTA
FE BUSINESS BROKERS, LLC, d/b/a SAM
GOLDENBERG & ASSOCIATES; SUNBELT
NEW MEXICO BUSINESS BROKERAGE, LLC;
and MICHAEL GREENE,

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[PROPOSED]
ORDER FOR SECOND
EXAMINATION OF JUDGMENT
DEBTOR

Defendants/Counterclaimants.

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It appearing to the Court that a Foreign Judgment was entered and localized against

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Defendant TROY BAKER, an individual, on October 2, 2020, in the amount of $59,845.82, and

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that the same remains unsatisfied; and whereas NRS 21.270 provides for an Examination of the

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Judgment Debtor under such circumstances; and,

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The Judgment Debtor having appeared on March 8, 2021 for a Judgment Debtor
Examination but having not brought certain of the ordered items with him, or having brought
incomplete copies of certain of the same, such that a second Judgment Debtor’s Examination Order
is appropriate.

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G:\DCA\DCA Matters\Patterson, Dwight adv. Tratt Industries (11465.0010)\Pleadings\Order for 2nd Judgment Debtor Exam 4.26.21.docx

Case 2:21-cv-00191-RFB-DJA Document 9 Filed 04/26/21 Page 6 of 10

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IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Defendant

2 TROY BAKER, appear at the law offices of ALBRIGHT, STODDARD, WARNICK &
3 ALBRIGHT located at 801 South Rancho Drive, Suite D-4, Las Vegas, Nevada, on Tuesday, May
4 18, 2021, at the hour of 1:00 p.m., to make additional discovery on oath concerning his assets, and
5 the Judgment Debtor be and hereby is forbidden in the meantime or thereafter from disposing of
6 or transferring any property or assets not exempt from execution.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the following

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documents be brought by the Judgment Debtor and provided at the second examination:
1.

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2.

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Star Pine Drive, Las Vegas, Nevada 89144.
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Proof of that home having been in foreclosure at any time as he alleged to be the
case during his first judgment debtor’s examination.

4.

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Certain missing statements for his One Nevada Credit Union account ending in
0008, including his December 2019 and January 2020 One Nevada Credit Union

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A copy of his current and most recent monthly mortgage statement for any bank to
which he owes money for the purchase (or refinance) of his home located at 821

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A complete, rather than only a partial, copy of the Judgment Debtor’s Federal Tax
returns for 2017, 2018, and 2019, to include all schedules thereto.

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A PROFESSIONAL CORPORATION
QUAIL PARK, SUITE D-4
801 SOUTH RANCHO DRIVE
LAS VEGAS, NEVADA 89106

LAW OFFICES

ALBRIGHT, STODDARD, WARNICK & ALBRIGHT

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Bank Statements.
5.

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All statements from the past 36 months for his second One Nevada Credit Union
account, and for any One Nevada Credit Union accounts on which he is or has been

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listed as a co-owner with any other family member.

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All documentation he has for his Honeywell 401K; and

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Any documents and records as set forth on Exhibit “A” hereto which were not

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provided by the Judgment Debtor at the first examination on March 8, 2021.

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IT IS FURTHER ORDERED, ADJUDGED AND DECREED that a copy of this Order

25 be forthwith served upon said Judgment Debtor.
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Case 2:21-cv-00191-RFB-DJA Document 9 Filed 04/26/21 Page 7 of 10

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Failure to appear at the time and place above may result in a Bench Warrant being issued

2 for your arrest, and any bail posted to effectuate a release of an arrest, pursuant to the Bench
3 Warrant, shall be paid to the Judgment Creditor as payment toward the outstanding Judgment.
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IT IS SO ORDERED this 27th day of April, 2021.

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UNITED STATES DISTRICT COURT JUDGE
DANIEL J. ALBREGTS
UNITED STATES MAGISTRATE JUDGE

8 Submitted by:
ALBRIGHT,STODDARD,WARNICK
& ALBRIGHT
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1 1 D.
S 11U
T, ESQ.,# 004904
801 South Rancho Drive, Suite D-4
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Las Vegas, Nevada 89106
13 Tel: [phone]
Fax: [phone]
14 [e-mail]
Attorneyfor Defendants Dwight L. Patterson
15 and Laurie M Patterson
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Case 2:21-cv-00191-RFB-DJA Document 9 Filed 04/26/21 Page 8 of 10

EXHIBIT “A”

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LIST OF DOCUMENTS AND RECORDS TO BE
PRODUCED BY JUDGMENT DEBTOR

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1.

If employed, your employer’s name, your salary, and your job title.

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2.
A complete inventory of all items of personal property, of any nature whatsoever,
5 owned by you, or by any business or trust entity under your full or partial, direct or indirect, control
or of which you are a beneficiary, including automobiles, boats, household fixtures, furnishings,
6 appliances and clothing, whether paid for or not. If the personal property is not in your possession
but in the possession of another person, designate the name and address of the person having
7 possession of the property.

A PROFESSIONAL CORPORATION
QUAIL PARK, SUITE D-4
801 SOUTH RANCHO DRIVE
LAS VEGAS, NEVADA 89106

LAW OFFICES

ALBRIGHT, STODDARD, WARNICK & ALBRIGHT

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3.
A list of all real property owned by you or by any business or trust entity under
your full or partial, direct or indirect, control or of which you are a beneficiary and, if occupied by
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Tenants, please state the following:
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a.
Tenants’ names;
b.
Tenants’ addresses;
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c.
Amount of monthly rent.
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4.
A copy of all documents regarding any and all real estate or other property owned
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which you are a beneficiary. The requested documents specifically include all Deeds, Deeds of
14 Trust, Mortgage Applications, Closing Statements, coupon books, statements of account, credit
reports, title insurance policies, and all other information in any way reflecting your involvement
15 with, your ownership of, or your transactions in regard to real estate or other property owned by
16 you.
5.
A copy of any and all Lease(s) regarding any real estate or other property not owned
but leased by you, or by any business or trust entity under your full or partial, direct or indirect,
18 control or of which you are a beneficiary for which regular monthly lease payments are being
made.
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6.
Your income tax returns and quarterly estimates of federal or state income taxes for
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7.
ALL bank statements, and canceled checks from any and all checking accounts,
savings account records, safe deposit boxes, and any certificates of stock and bonds owned by you
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you are a beneficiary or in which you have had any interest whatsoever either alone or jointly with
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any person or entity for three years preceding the date of this Order.
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All life insurance policies now upon your life or naming you as beneficiary therein.
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All evidence of any and all notes, contracts, negotiable instruments or accounts
26 receivable, whether due or not due, belonging to you or in which you have or have had any interest
whatsoever either alone or jointly with any other person or persons or entity(ies) for five years
27 preceding the date of this Order.
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Case 2:21-cv-00191-RFB-DJA Document 9 Filed 04/26/21 Page 9 of 10

10.
All fire, burglary, and extended coverage insurance policies now in force upon any
1 real estate or personal property (including copies of insurance inventories) owned by you or in
which you have or have had any interest whatsoever either alone or jointly with any other person
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or persons for one year preceding the date of this Order.
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11.
Any and all information regarding any employment you have had during the last
4 five years, including, but not limited to, independent contractor agreements, performance
agreements, employment contracts, policy manuals, benefit handbooks and pay stubs regarding
5 such employment, whether full-time, part-time, commissioned or otherwise.
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12.

Your social security number and a copy of your driver’s license.

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All titles, bills of sale, or contracts of sale upon personal property including, but not
limited to, automobiles, boats, household goods, miscellaneous furniture and fixtures belonging to
8 you or in which you have or have had any interest whatsoever either alone or jointly with any other
person or persons for five years preceding the date of this Order.
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14.
All automobile or personal property casualty or collision or all risk insurance
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policies presently owned by you.
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A PROFESSIONAL CORPORATION
QUAIL PARK, SUITE D-4
801 SOUTH RANCHO DRIVE
LAS VEGAS, NEVADA 89106

LAW OFFICES

ALBRIGHT, STODDARD, WARNICK & ALBRIGHT

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15.
All evidence of mining claims, patents or development work owned by you or in
12 which you have or have had any interest whatsoever either alone or jointly with any other person
or persons or entity(ies) for five years preceding the date of this Order.
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16.
All documents which represent any trademark, trade name, copyright, or patent in
14 which you have or have had an interest or in which an entity owned, in whole or in part, by you
has or has had any interest.
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All general ledgers, accounting journals, financial statements or other financial
16 records prepared or maintained during the last five years for or by you or for or by any entity in
which you have any interest.
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If you are employed by, act as an agent for, or are a partner in a business
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entity, the proprietor of a business entity, own more than 10% of the stock of an incorporated
19 business entity, or have been an officer, director, member or manager of a corporation,
limited liability company, or other business entity, within the last five years, you are required
20 to bring with you (in regards to said business entity(ies)), the following documents:
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A.
Copies of all corporate articles, minutes, bylaws, stock transfers, ledgers
and other “corporation” records.
B.
Copies of any partnership or joint venture or operating agreements or
bylaws and all correspondence related thereto.
C.

Copies of all tax returns for such business(es) filed within the last five years.

D.
Copies of any and all Securities and Exchange Commission filings, other
public filings, prospectuses, or any investor disclosure documents filed with any public
entity or submitted or made available to the public or any potential investors by or on behalf
of such business(es) within the last five years.

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Case 2:21-cv-00191-RFB-DJA Document 9 Filed 04/26/21 Page 10 of 10

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E.
Copies of any and all documents whereby you acquired or disposed of an
interest in any such business(es) within the last five years.
F.
Copies of any employment or consulting contracts to which you or the
business are a party.
G.
ALL bank statements for all accounts on which you have been a signatory
during the last five years.
H.
All checkbooks with check stubs for the last five years, and any and all
general ledgers or journals recording the financial activity of such business(es).

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I.

Any savings account books with you as signatory.

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J.

Any notes owed to the business(es).

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A PROFESSIONAL CORPORATION
QUAIL PARK, SUITE D-4
801 SOUTH RANCHO DRIVE
LAS VEGAS, NEVADA 89106

LAW OFFICES

ALBRIGHT, STODDARD, WARNICK & ALBRIGHT

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K.
Copies of all accounts receivable documents, both current and for five years
prior to the date of this Order.
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A copy of any and all leases regarding any real estate or other property now
owned by yourself or the business(es), but for which regularly monthly lease payments are
being made by yourself or on behalf of the business(es).
M.

A list of any and all vehicles owned by the business(es).

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All general ledgers, accounting journals, financial statements or other
financial records prepared or maintained during the last five years by the business.

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