Consolidated Electrical Distributors, Inc. v. Mt. Grant Electric et al

Filing 138

ORDER granting 137 Ex Parte Motion for an Order Requiring Judgment Debtors Merlin J. Hall and Kathy Thyne to Appear for an Examination of Judgment Debtor and an Order Requiring Merlin J. Hall and Kathy Thyne to Produce Financial Documents at the Examination of Judgment Debtor. See Order for further details. Signed by Magistrate Judge Robert A. McQuaid, Jr. on 11/3/2010. (Copies have been distributed pursuant to the NEF - HJ)

Consolidated Electrical Distributors, Inc. v. Mt. Grant Electric et al

Doc. 138

Case 3:06-cv-00309-RCJ-RAM Document 137 (Ex Parte)

Filed 11/03/10 Page 8 of 12

KURT C. FAUX, ESQ. Nevada Bar No. 003407 2 COLIN R. CHIPMAN Nevada Bar No.1 0544 3 THE FAUX LA W GROUP 1540 West Warm Springs Road, Suite 100
4 Henderson, Nevada 89121
Telephone: [phone] Facsimile: [phone]

Email: kfaux(ifauxlaw.com 6 cchipman(ifàuxlaw.com
Attorney for American Contractors Indemnity Company
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IN THE UNITED STATES DISTRICT COURT
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DISTRICT OF NEV AI)A
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10 United States of American for the use and benefit of CONSOLIDA TED ELECTRICAL 11 DISTRIBUTORS, INC., a foreign corporation,
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) Case No.: 3:06-CY-00309-BES-RAM
)

Plaintiff,

) )

) PROPOSEI) ORDER GRANTING
)

13 v.

) AMERICAN CONTRACTORS
) INI)EMNITY COMP ANY'S EX-PARTE ) MOTION FOR:
)

14 MT. GRANT ELECTRIC, an unknown cntity; DA Y & ZIMMERMANN HAWTHORNE 15 CORPORATION; a Delaware corporation; and AMERICAN CONTRACTORS INDEMNITY 16 CO., a surety,
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) 1) AN ORDER REQUIRING JUI)GMENT
) I)EBTORS MERLIN J. HALL ANi)

Defendants.

) KATHY THYNE TO APPEAR FOR AN ) EXAMINATION OF JUI)GMENT
) I)EBTOR; ANi) ) ) 2) AN ORI)ER REQUIRING MERLIN J.

18 AMERICAN CONTRACTORS INDEMNITY COMPANY,
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Crossclaimant,
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v.
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) HALL AND KATHY THYNE TO ) PRODUCE FINANCIAL I)OCUMENTS AT ) THE EXAMINATION OF JUDGMENT ) DEBTOR
)
) ) )
) )

MT. GRANT ELECTRIC,
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Crossdefendant.
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AMERICAN CONTRACTORS INDEMNITY 24 COMPANY,
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Third Party Plaintiff,

26 v.
27 MERLIN J. HALL, an individual; KATHY THYNE, an individual; DOES I through X, 28 inclusive,
Third Party Defendants.

) ) ) ) ) ) ) ) ) ) ) ) )

Dockets.Justia.com

Case 3:06-cv-00309-RCJ-RAM Document 137 (Ex Parte)

Filed 11/03/10 Page 9 of 12

AMERICAN CONTRACTORS INDEMNITY COMPANY's ("ACIC") Ex-Parte Motion For:
2 1) an Order Requiring Judgment Debtors Merlin J.Hall and Kathy Thyne to Appear for an Examination

3 of Judgment Debtor; 2) an Order Requiring Merlin 1. Hall and Kathy Thyne to Produce Financial
4 Documents at the Examination of Judgment Debtor; having come before this Court, and the Court
5 having reviewed the pleadings and papers on tile herein,

6 IT is HEREBY ORDERED, ADJUDGED AND DECREED as follows:
7 1. Judgment Debtor Merlin J. Hall is order to appear at 105 S. "A" St., Hawthorne, NY

8 89415, on Tuesday, December 14, 2010 at 10:00 a.m., or at a later time and date to be designated by
9 correspondence from ACIC's counsel, to testify under oath concerning his property, and specifically the

10 persons and real properties enumerated below. Further, said Judgment Debtor is hereby forbidden in
11 the meantime from dispensing of any real and personal property not exempt IÌom execution.
12 2. Judgment Debtor Kathy Thyne is order to appear at 105 S. "'A" St., IIawthorne, NY

13 89415, on Tuesday, December 14, 2010 at 1 :00 p.m., or at a later time and date to be designated by
i 4 correspondence from ACIC' s counsel, to testify under oath concerning her property, and specifically the
i 5 persons and real properties enumerated below. Further, said Judgment Debtor is hereby forbidden in

16 the meantime from dispensing of any real and personal property not exempt fIom execution.
17 3. Judgment Debtors Merlin J. Hall and Kathy Thyne are also ordered to bring with them
18 at the time of

their examinations noted above all the following documents spanning the time frame from

19 June 13,2005, the date on which the Judgment Debtors executed the General Indemnity Agreement in

20 fàvor of ACIC, to the date of examinations:
21 a. Any and all monthly and annual account statements issued by any bank, credit

22 union, or similar financial institution since June 13,2005;
23 b. Any and all bonds, stock accounts and certiticates in which Merlin J. Hall and/or

24 Kathy Thyne, jointly or individually, as trustor, trustee, or beneficiary, held an

25 interest at anytime since June 13,2005;
26 c. Any and all financial statements or records since June 13,2005 showing real or

27 personal asscts in which Merlin J. Hall and/or Kathy Thyne, jointly or
28 individually, as trustor, trustee, or beneficiary, held an interest;
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Case 3:06-cv-00309-RCJ-RAM Document 137 (Ex Parte)

Filed 11/03/10 Page 10 of 12

d.
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All tax returns tied since June 13,2005;
Any and all financial statements since June 13, 2005, containing information
regarding any personal or real propei1y in which Merlin J. Hall and/or Kathy
Thyne,jointIy or individually, as trustor, trustee, or beneficiary, held an intercst;

e.

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f.

Any and all titles to real property in which Merlin J. Hall and/or Kathy Thyne,

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jointly or individually, as trustor, trustee, or beneficiary, held an interest at
anytime since June 13,2005;
g.

All titles to any motor vehicle, equipment or motorized craft of any nature in

which Merlin J. Hall and/or Kathy Thyne, jointly or individually, as trustor,
trustee, or beneficiary, held an interest at anytime since June 13,2005;
h.

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Any and all corporate tilings, certificates, or other documents regarding Merlin

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J. Hall and/or Kathy Thyne's interest, whether held jointly or individually, as
trustor, trustee, or beneficiary, in any other entity or business;
L
Alllite insurance policies;

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J.

Location and address of any out of state property;

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k.
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All cash and the location thereof;
Any and all stock certitìcates, contracts, or other documents showing Merlin J.
Hall and/or Kathy Thyne's financial interests, whether held whether held

jointly

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or individually, as trustor, trustee, or beneticiar;
m.

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For each contract or subcontract of on-going projects involving Mt. Grant
Electric, Merlin J. Hall and/or Kathy Thyne, whether jointly or individually, or

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through any business entity or trust in which Mt. Grant Electric, Merlin J. Hall
and/or Kathy Thyne, jointly or individually, held an interest, a description ofthe

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project, including but not limited to the owner or contractor on the project, the

name of the project, the location of such projects, the name and telephone
number of the contact person of the owner or contractor on the project, the
amount of

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each contract or subcontract, and the amount currently outstanding and

owed to Mt. Grant Electric, Merlin J. Hall and/or Kathy Thyne;
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Case 3:06-cv-00309-RCJ-RAM Document 137 (Ex Parte)

Filed 11/03/10 Page 11 of 12

o. All contracts, subcontracts, pay applications, and invoices on any of

the projects

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described in item number "m" above;
p. For each contract or subcontract of completed projects involving Mt. Grant

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Electric, Merlin J. Hall and/or Kathy Thyne, whether jointly or individually, or
through any business entity or tmst in which Mt. Grant Electric, Merlin .1. Hall

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and/or Kathy Thyne,jointly or individually, held an interest and for which Merlin

J. Hall andlor Kathy Thyne rcmains unpaid, a description of the project,
including but not limited to the owner or contractor on the project, the name of
the project, the location of such projects, the name and telephone number of the

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contact person of the owner or contractor on the project, the amount of each
contract or subcontract, and the amount currently outstanding and owed to Mt.
Grant Electric, Merlin J. Hall andlor Kathy Thyne;
q. All contracts, subcontracts, pay applications, and invoices on any of

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the projects

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described in item number "p" above;
r. Any and all documents regarding any trust in which Merlin J. Hall andlor Kathy

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Thyne held an interest, whether jointly or individually, as grantor or grantee, or

as trustor, tmstce or beneficiary, since June 13,2005;
s. Any and all documents regarding any conveyance since June 13,2005 of any

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interest in any real property held by Mcrlin 1. Hall andlor Kathy Thyne, whether

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jointly or individually, as grantor or grantce, or as trustor, trustee or beneficiary;
and
t. Any and all checks or payments issued by any person or entity to Merlin J. Hall

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and/or Kathy Thyne or to any other person or entity for the ultimate benelit of
Merlin J. Hall andlor Kathy Thyne.
III
III III III

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Case 3:06-cv-00309-RCJ-RAM Document 137 (Ex Parte)

Filed 11/03/10 Page 12 of 12

Failure to appear at the time and place and to bring the documents and information described
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above will result in a bench warant being issued for your arrest. November 3, 2010 DATED:
UNITED STATE MAGISTRATE JUDGE

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