Iron Workers District Council Of Southern Ohio & Vicinity Annuity Trust et al v. Lauer et al

Filing 49

ORDER - Based upon this agreement of the parties, for good cause shown, and in the interests of justice, the Court ORDERS Mr. Wittman to make all efforts to find and produce responsive documents on or before July 31, 2017. Mr. Wittman should provi de these documents directly to counsel for the judgment creditors: Matthew Hurm, Esq., Faulkner, Hoffman & Phillips, LLC, 20445 Emerald Parkway Drive,Suite 210, Cleveland, OH 44135. Should the judgment creditors desire to continue the Debtor Examination of Mr. Wittman held on May 19, 2017 -- or desire further action by the Court --they may seek appropriate relief from the Court. Signed by Magistrate Judge Michael J. Newman on 7/10/2017. (dm)

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

Case No. 3:15-CV-248

vs.
JAMES R. LAUER, et al.,

District Judge Thomas M. Rose
Magistrate Judge Michael J. Newman

Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This case came before the Court for a judgment debtor examination on on May 19, 2017.
Andrew Wittman, owner of judgment debtor GHG Construction, LLC, appeared for said
examination but did not bring any documents. At that time, Mr. Wittman, in open Court, agreed
to make a good faith effort to locate documents responsive to the Court's Order (doc. [43]) and to
provide them to counsel for the judgment creditor forthwith. The Court approved the parties
request to give Mr. Wittman 30 days to search for and produce responsive documents.
Based upon this agreement of the parties, for good cause shown, and in the interests of
justice, the Court ORDERS Mr. Wittman to make all efforts to find and produce documents
responsive to the following on or before July 31, 2017:
1.

Complete, current, and accurate lists, schedules, and records of Judgment
Debtor GHG’s 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 Judgment
Debtor GHG’s 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 Judgment
Debtor GHG’s 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 Judgment Debtor GHG, is or has
been within 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 Judgment Debtor GHG’s federal state(s),
and local income and state(s) and local personal property tax return, which
Judgment Debtor GHG has or should have filed with the appropriate
government authorities for its four (4) most recent taxable years;

6.

Complete, current, and accurate lists, schedules, and records indicating
Judgment Debtor GHG’s place or places of banking, the types of bank
accounts (savings, checking or similar bank accounts) and the account
numbers and designations of authority relating thereto, as well as any bank
statements, passbooks, checkbooks, cancelled checks, 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 Judgment
Debtor GHG is a lessor, lessee, or owner, whether in whole or in part;

8.

Complete, current, and accurate lists, schedules, and records that show
direct or indirect interest in insurance policies, including names of
insurance companies issuing each policy and an itemization of surrender
of cash value of each in which the Judgment Debtor GHG has or had an
interest;

9.

Complete, current, and accurate lists, and records of personal property
owned by Judgment Debtor GHG;

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10.

11.

Complete, current, and accurate lists, schedules, and records of financial
accounting reports and reports filed by Judgment Debtor GHG with the
secretary of state’s office or any other governmental entity;
Complete, current, and accurate lists, schedules, and records establishing
Judgment Debtor GHG’s sources of income;

12.

Complete, current, and accurate lists, schedules, and records of all loans
Judgment Debtor GHG obtained from any institutions or individuals,
including insurance companies including any documents showing the comakers, endorsers, or guarantors of said loan(s) and current, and accurate
lists, schedules, and records of all loans Judgment Debtor GHG gave to
any person or entity;

13.

Complete, current, and accurate lists, schedules, and records of any
property or equipment purchased on an installment basis;

14.

Complete, current, and accurate lists, schedules, and records establishing
the existence of property which Judgment Debtor GHG owns an interest
which is held by a third party;

15.

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 Judgment Debtor GHG during the
last three (3) calendar years; and

16.

Complete, current, and accurate copies of any consulting, independent
contracting, advising, or any other such contract or agreement that
Judgment Debtor GHG has entered into with another party to provide
services to another person, entity, corporation, or business of any kind
over the last three (3) calendar years.

Mr. Wittman should provide these documents directly to counsel for the judgment creditors:
Matthew Hurm, Esq., Faulkner, Hoffman & Phillips, LLC, 20445 Emerald Parkway Drive,
Suite 210, Cleveland, OH 44135. Should the judgment creditors desire to continue the Debtor
Examination of Mr. Wittman held on May 19, 2017 -- or desire further action by the Court -they may seek appropriate relief from the Court.
IT IS SO ORDERED.

Date:

July 10, 2017

s/Michael J. Newman
Michael J. Newman
United States Magistrate Judge

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