Employee Painters' Trust Health & Welfare Fund et al v. Seattle Structures, LLC et al

Filing 2

ORDER granting 1 Motion for Judgment Debtor Exam, signed by Magistrate Judge J Richard Creatura. Judgment Debtor Exam set for 11/8/2012 at 02:30 PM in D Courtroom before Judge J Richard Creatura.(CMG)

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Honorable J. Richard Creatura

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UNITED STATES DISTRICT COURT

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WESTERN DISTRICT OF WASHINGTON, AT TACOMA

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EMPLOYEE PAINTERS’ TRUST HEALTH
& WELFARE FUND, SEATTLE
WASHINGTON PAINTERS DEFINED
CONTRIBUTION PENSION TRUST,
SEATTLE WASHINGTON
APPRENTICESHIP AND TRAINING
TRUST, SEATTLE WASHINGTON
PAINTERS LABOR MANAGEMENT
COOPERATION TRUST, PAINTERS AND
ALLIED TRADES INTERNATIONAL
UNION AND INDUSTRY PENSION FUND,
and INTERNATIONAL UNION OF
PAINTERS AND ALLIED TRADES
DISTRICT COUNCIL NO. 5,

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Case No.: 3:12-mc-05038-JRC
ORDER FOR JUDGMENT DEBTOR
EXAMINATION OF JESSE HARRISON,
MEMBER OF SEATTLE STRUCTURES,
LLC

Plaintiffs / Judgment Creditors,
v.
SEATTLE STRUCTURES, LLC, a
Washington limited liability company, JESSE
HARRISON and JANE DOE HARRISON,
husband and wife and the marital community
comprised thereof, DAVID BAILEY and JANE
DOE BAILEY, husband and wife and the
marital community comprised thereof,
Defendants / Judgment Debtors.

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Having considered Plaintiffs’ Motion for Judgment Debtor Examination of Jesse Harrison,
Member of Seattle Structures, LLC, and the Declaration of Michael A. Urban and good cause appearing,

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Order for Judgment Debtor Exam
(Case No. 3:12-mc-05038-JRC)
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THE URBAN LAW FIRM
and
CHRISTENSEN JAMES & MARTIN
800 Bellevue Way NE, Suite 400
Bellevue, WA 98004
P. [phone] / [phone]
F. (425)-462-5638 / [phone]
[e-mail]
[e-mail]
Counsel for Plaintiffs

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IT IS HEREBY ORDERED that Jesse Harrison, Member of Defendant/Judgment Debtor Seattle

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Structures, LLC, appear in Courtroom D at the United States District Court for the Western District

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of Washington, located at 1717 Pacific Avenue, Tacoma, Washington 98402, on the 8th day of

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November, 2012 at 2:30 p.m. to be sworn in for a Judgment Debtor Examination.

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IT IS FURTHER ORDERED that Jesse Harrison, Member of Defendant/Judgment Debtor

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Seattle Structures, LLC, appear in Courtroom D at the United States District Court for the Western

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District of Washington, located at 1717 Pacific Avenue, Tacoma, Washington 98402, on the 8th

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day of November, 2012 at 2:30 p.m., and answer concerning property subject to the ownership and

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control of Seattle Structures, LLC.

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IT IS FURTHER ORDERED that Mr. Harrison and/or Seattle Structures, LLC (“Seattle”) bring

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with him the following documents under his control or under the control of his agents, attorneys, or

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accountants:

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1.

All financial statements prepared by or on behalf of Seattle from January 1, 2009, to the

present.

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2.

All original monthly bank statements of Seattle from January 1, 2009, to the present.

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3.

All original savings account pass books, certificates of deposit, and trust certificates in

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the name of Seattle from January 1, 2009, to the present.
4.

All original negotiable instruments and negotiable securities in the name of Seattle from

January 1, 2009, to the present.
5.

All evidence or other memoranda of any ownership interest of Seattle in any other

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corporation, partnership, unincorporated association, or any business organized or conducted for the

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production of income from January 1, 2009, to the present.

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6.

All evidence or other memoranda of any income received by Seattle from January 1,

2009, to the present, including without limitation tax returns, insurance proceeds, or repayment of loans.

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Order for Judgment Debtor Exam
(Case No. 3:12-mc-05038-JRC)
2

THE URBAN LAW FIRM
and
CHRISTENSEN JAMES & MARTIN
800 Bellevue Way NE, Suite 400
Bellevue, WA 98004
P. [phone] / [phone]
F. (425)-462-5638 / [phone]
[e-mail]
[e-mail]
Counsel for Plaintiffs

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7.

All evidence or other memoranda of any employer or place of work or employment of

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Seattle from January 1, 2009, to the present, including without limitation contracts, invoices, billings ,

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vouchers, or payments.

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All evidence of any ownership interest of Seattle, including without limitation bills of

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sale, pink slips, or any other record or title, in any motor vehicle, airplane, boat, equipment, or

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machinery, from January 1, 2009, to the present.

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9.

All evidence of any debts or repayments owed by Seattle, including without limitation

those arising from loans or judgments from January 1, 2009, to the present.
10.

Any and all evidence or other memoranda indicating that Seattle was either a plaintiff or

a defendant in any lawsuit from January 1, 2009, to the present.
11.

Any and all evidence or memoranda indicating that Seattle received any judgment,

award, bequest, or devise in any lawsuit or other court action from January 1, 2009, to the present.
12.

Any and all evidence or memoranda indicating any ownership interest of Seattle in any

patent, invention, trade name, or copyright.
13.

Any and all evidence or memoranda indicating an ownership interest of Seattle in any

real property or developments on real property.
14.

Any and all evidence of the sale(s) of any real or personal property of Seattle from

January 1, 2009, to the present.

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15.

Any and all loan applications filled out by Seattle since January 1, 2009.

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Copies of all documents evidencing the sale or transfer of any assets of Seattle from

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January 1, 2009, to the present.

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Any and all documents evidencing any federal or state tax liability of Seattle.

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All accounts receivable of Seattle from January 1, 2009, to the present.

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Original cash disbursement journals and check registers maintained in connection with

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any business of Seattle from January 1, 2009, to the present.

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Order for Judgment Debtor Exam
(Case No. 3:12-mc-05038-JRC)
3

THE URBAN LAW FIRM
and
CHRISTENSEN JAMES & MARTIN
800 Bellevue Way NE, Suite 400
Bellevue, WA 98004
P. [phone] / [phone]
F. (425)-462-5638 / [phone]
[e-mail]
[e-mail]
Counsel for Plaintiffs

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20.

Federal income tax returns of Seattle for the years 2009, 2010, and 2011.

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All daily job logs, diaries, or foreman reports of Seattle from January 1, 2009, to the

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present.

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All daily job tickets or invoices of Seattle from January 1, 2009, to the present.

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All daily job tickets or invoices of Seattle for work performed for Seattle from January 1,

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2009, to the present.
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All canceled checks drawn on any account established in the name of Seattle from

January 1, 2009, to the present.

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NOTICE TO THE JUDGMENT DEBTOR
IF YOU FAIL TO APPEAR AT THE TIME AND PLACE SPECIFIED IN THIS ORDER,

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YOU MAY BE SUBJECT TO ARREST AND PUNISHMENT FOR CONTEMPT OF COURT

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AND THE COURT MAY MAKE AN ORDER REQUIRING YOU TO PAY REASONABLE

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ATTORNEY’S FEES INCURRED BY THE JUDGMENT CREDITOR IN THIS PROCEEDING.

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Dated this 28th of September, 2012.
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A

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J. Richard Creatura
United States Magistrate Judge

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Submitted by:

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THE URBAN LAW FIRM

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/s/ Michael A. Urban
Michael A. Urban, Esq.
Washington State Bar No. 20251
800 Bellevue Way NE, Suite 400
Bellevue, WA 98004
P. [phone] / [phone]
F. (425)-462-5638 / [phone]
E-mail: [e-mail]
Attorney for Plaintiffs / Judgment Creditors

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Order for Judgment Debtor Exam
(Case No. 3:12-mc-05038-JRC)
4

THE URBAN LAW FIRM
and
CHRISTENSEN JAMES & MARTIN
800 Bellevue Way NE, Suite 400
Bellevue, WA 98004
P. [phone] / [phone]
F. (425)-462-5638 / [phone]
[e-mail]
[e-mail]
Counsel for Plaintiffs