B2C Industries, Inc. v. HGM Carrier, Inc.

Filing 17

ORDER re 11 Letter MOTION to Compel; Judgment Debtor is required to appear for the deposition so scheduled, and any failure to appear for the deposition, or any attempts to impede, delay, or frustrate the fair examination of the deponent, may result in Court-imposed sanctions against the Judgment Debtor including the reasonable expenses and attorneys' fees incurred by plaintiff (see order for details). Ordered by Magistrate Judge Robert M. Levy on 9/14/2011. (Fernandez, Erica)

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Case 1:10-cv-04041-NG-RML Document 11 Filed 05/20/11 Page 3 of 4 PageiD #: 146 ' .. t ;...__ f UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK Index No.: 10 Civ. 4041 (NO)(RML) B2C INDUSTRIES, INC., Plaintiff, -againstHGM CARRIER, INC., Defendants. TO: ECFCASE ORDER FOR RULE 30(b)(6) DEPOSITION HOM Carrier, Inc. 10142 118th Street South Richmond Hill, New York 11419 dispatch@hgmcarrier.com ' - IT IS HEREBY ORDERED: Pursuant to Fed. R. Civ. P. 30, B2C Industries, Inc. ("Judgment Creditor") shall conduct the oral deposition of an officer, director, or managing agent of HGM CARRIER, INC. ("Judgment Debtor") with personal knowledge of (1) the current financials of HOM Carrier, Inc. and (2) the amount of and location of liquid and non-liquid assets belonging to or held in the name of HOM Carrier, Inc., at the offices of plaintiff's attorneys, at 61 Broadway, Suite 3000, New York 10006, beginning at 10:30 a.m. on a date to be designated by the Judgment Creditor. This deposition will take place before a person authorized by law to administer oaths. IT IS FURTHER ORDERED THAT: Judgment Debtor is required to appear for the deposition so scheduled, and any failure to appear for the deposition, or any attempts to impede, delay, or frustrate the fair examination of the deponent, may result in Court-imposed sanctions against the Judgment Debtor including the reasonable expenses and attomeys' fees incurred by plaintiff. Case 110-cv-04041-NG-RML Document 11 Filed 05/20/11 Page 4 of 4 PageiD # 147 IT IS FURTHER ORDERED THAT: The automatic 14 day stay provision of Fed. R. Civ. P. 62 does not apply and enforcement of the judgment can be done immediately and Judgment Debtor and/or anyone acting on its behalf is prohibited from taking any action to defraud the Judgment Creditor. •r So Ordered this _J..i_ day of ~$£~~~./2011 s/RML U.S.M.J. 2

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