Iron Workers District Council Of Southern Ohio & Vicinity Benefit Trust et al v. Wortman Bros. LLC et al

Filing 15

ORDER re 11 MOTION for Judgment Debtor Exam, Debtor Exam set for 10/29/2014 at 1:30 PM in Courtroom 4 - Dayton before Magistrate Judge Michael R Merz. Signed by Magistrate Judge Michael R Merz on 09/10/14. (pb1)

IN THE UNITED STATES FEDERAL DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
IRON WORKERS DISTRICT COUNCIL
OF SOUTHERN OHIO & VICINITY
BENEFIT TRUST, et al.,

CASE NO. 3:14-CV-148

JUDGE WALTER H. RICE
Plaintiffs,
v.

MAGISTRATE JUDGE MICHAEL R. MERZ

WORTMAN BROS. LLC, et al.,
ORDER
Defendants.

Pursuant to Fed. R. Civ. P. 69, this Court grants Plaintiffs Iron Workers District Council
of Southern Ohio & Vicinity Benefit, Pension, and Annuity Trusts’ (“Plaintiffs”) Motion for the
Debtors Examination and hereby orders that Zachary B. Baxter (“Deponents”), defendant and
judgment debtor in this Case, to appear before Magistrate Judge Michael R. Merz on October 29,
2014, at 1:30 P.M. in Courtroom No. 4 and answer upon oath or affirmation questions
concerning his property and assets at a Judgment Debtor Examination, as well as the assets of the
other related defendants in this Case, to the extent of their knowledge. Deponent is required to
bring all of the following books, records, papers, documents, and objects to the Judgment Debtor
Examination for the purpose of inspection and copying by Plaintiffs, through their
representative:
1. Complete, current, and accurate lists, schedules, and records of Defendants’, or any
one of their outstanding notes receivable, accounts receivable, and all other
receivables, which records indicate, among other things, the amounts owing thereon
and from whom such amounts are owing;

2. Complete, current, and accurate lists, schedules, and records of Defendants’, or any
one of their equipment, motor vehicles, furniture, inventory, furnishings, supplies,
and other tangible assets of every kind and description, whether real or personal,
current depreciation schedules, if any, relating thereto, and complete, current, and
accurate lists of liens or other encumbrances thereon;
3. Complete, current, and accurate lists, schedules, and records of all of Defendants’, or
any one of their stocks, bonds, shares, or interest in all liquid assets or other similar
funds, shares or interests in all mutual funds, proprietorship interests, general or
limited partnership interests, and all other intangible assets and the corresponding
values assigned thereto;
4. Complete, current, and accurate copies of profit and loss statements, income
statements, capital statements, balance sheets, and other such similar documents,
regardless of how the same may be designated for accounting purposes, relating to
every sole proprietorship, and every business concern or venture in which
Defendants, or any one of them, are or have been with the past three (3) years a
general of limited partner or a holder of five percent (5%) or more of the outstanding
stock of said concern;
5. Complete and accurate copies of Defendants’, and any one of their federal and
state(s) income and state(s) personal property tax return, which Defendants, or any
one of them, have or should have filed with the appropriate government authorities
for their four (4) most recent taxable years;
6. Complete, current, and accurate lists, schedules, and records indicating Defendants’
or any one of their place or places of banking, the types of bank accounts (savings,

2

checking or similar bank accounts) and the account numbers and designations of
authority relating thereto, as well as any bank statements or other related documents
for each bank account. As used herein, the term “bank accounts” shall also include
all certificates of deposit, savings bonds, and similar instruments, as well as safe
deposit boxes and lists, schedules, and records of the contents thereof;
7. Complete, current, and accurate lists, schedules, and records indicating any and all
leases of or deeds to real estate with respect to which Defendants or any one of them
are a lessor, lessee, or owner, whether in whole or in part;
8. Complete, current, and accurate lists, schedules, and records indicating any and all
bids and contractors for construction work (be it as a general, prime, or subcontractor)
prepared by the Defendants, or any one of them, during the last two (2) calendar
years; and
9. Complete, current, and accurate copies of any consulting, independent contracting,
advising, or any other such contract or agreement that Defendants, or any one of them
have entered into with another party to provide services to another person, entity,
corporation, or business of any kind over the last two (2) calendar years.
September 10, 2014.

      s/ Michael R. Merz 

   United States Magistrate Judge 

3