Tratt Industries, LLC et al v. Patterson et al

Filing 6

ORDER Granting 2 Motion for Judgment Debtor Exam. Signed by Magistrate Judge Daniel J. Albregts on 2/4/2021. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:21-cv-00191-RFB-DJA Document 3 Filed 02/03/21 Page 1 of 5

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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.: 2:21-cv-00191-RFB-DJA
2:20-MS-00062
MATTHEW SHEPARD,
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Plaintiffs/Counterdefendants,

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13 v.
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,

ORDER FOR EXAMINATION OF
JUDGMENT DEBTORS

Defendants/Counterclaimans.

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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.

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IT IS THEREFORE ORDERED, ADJUDGED AND DECREED 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 March 8,
2021, at the hour of 10:00 a.m., to make discovery on oath concerning his assets, and the Judgment

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G:\DCA\DCA Matters\Patterson, Dwight adv. Tratt Industries (11465.0010)\Pleadings\Order for Judgment Debtor Exam 2.3.21.docx

Case 2:21-cv-00191-RFB-DJA Document 3 Filed 02/03/21 Page 2 of 5

Debtor be and hereby is forbidden in the meantime or thereafter from disposing of or transferring
any property or assets not exempt from execution.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that at the time
designated for the examination, the Judgment Debtor will provide the documents and records as
set forth in Exhibit "A," attached hereto.
IT IS FURTHER ORDERED,ADJUDGED AND DECREED that a copy ofthis Order
be forthwith served upon said Judgment Debtor.
Failure to appear at the time and place above may result in a Bench Warrant being issued
f your arrest, and any bail posted to effectuate a release of an arrest, pursuant to the Bench
or
Warrant, shall be paid to the Judgment Creditor as payment toward the outstanding Judgment.
IT IS SO ORDERED this 4th day of February, 2021.

UNITED STATES DISTRICT COURT JUDGE
DANIEL J. ALBREGTS
UNITED STATES MAGISTRATE JUDGE
Submitted by:
ALBRIGHT,STODDARD,WARNICK
& ALBRIGHT

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D. CHRIS A RIGHT,ES• # 104904
801 South Rancho Drive, Suite D-4
Las Vegas, Nevada 89106
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneyfor Defendants Dwight L. Patterson
and Laurie M Patterson

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Case 2:21-cv-00191-RFB-DJA Document 3 Filed 02/03/21 Page 3 of 5

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
20 the current and past five years.
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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 3 Filed 02/03/21 Page 4 of 5

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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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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17.
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 3 Filed 02/03/21 Page 5 of 5

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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).

N.
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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