Adler v. Relynet, Inc., et al.,

Filing 340

ORDER signed by Magistrate Judge Edmund F. Brennan on 11/18/11; Judgment Debtor Exam set for 1/4/2012 at 09:30 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan. (Matson, R) Modified on 11/18/2011 (Matson, R).

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ATTORNEY OR PARTY WltltOUT ATTORNEY (Namg slalE bet nunbaL end .d.tass): FOR -Mark A.&Serlin, CSBN: 122155 SERI,IN WHITEFORD, L],P 700 E Street Sacramentof CA Cot/af USE O|LY 95 814 (916, 446-0190 rexno: (916) 446-079I Intermedia Outdoors, Inc. MME OF COURT: U.S. District Court, Eastern D.istrict of CaI ifornia srRE€r ADoREss: 501 I Street, 4th Floor MAruNG roDREss: 50L I Street, 4th Floor ctryANozrpcooE: sacramento, cA 95814 ERArcHNArrE: sacramento Di-vis ion PLAINTIFF: DuStJ.n K. AdIer TETEpHoNE arroRNEy FoR No.: (,\r6rpl Refynet. DEFENDANT: APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION etronceueNT oF JUDGMENT L--. . lrracnmerT fihird peBonl Judgment Debtor . Third Peraon Lx X CASE NUMAER: 2: - 1.TO (name): Dustin K. AdIer 08-cV-01333-JAM-EFB ORDER TO APPEAR FOR EXAMINATION 2. YOU ARE ORDERED TO APPEAR personally before this court, or before a referee appointed by the court, to a. l-X i fumish iniormation to aid in enforcement of a money judgment against you. b. L, ] c. i j answer conceming property of the iudgment debtor in your possession or control or conceming a debt you owe the judgment debtor. answer conceming property ofthe defendant in your possession or control or conceming a debt you owe the defendant that is subject to attachment. January 4. 201-2 Time: 9:30 a.m. Date: Address of court .!l shown above ll- Dept. orDiv.: Court Rm.: 24 is: 3. This order may be served by a sheriff, marshal, registered process server, or the following specially appointed person (name): Date: November 18, 2011 JUOGE OR REFEREE This order musl be sen ed not less than l0 days before the date set for the examlnation. APPLICATION FOR ORDER TO APPEAR FOR EXAMINATION i creditor [ . nssignee ot remrd I Plaintiffwho has a right to attach order applies for an order requiring (name): Adler to appear and fumish informalion to aid in enforcement of the moneyjudgmenl or to answer conceming property or debt. 5. The person to be examined is 4. r X-l Judgment E L -i Dustin K. the judgment debtor third person (l) who has possession or control of property belonging lo the judgment debtor or the defendant or (2) who owes the judgment debtor or the defendant more lhan $250. An affidavit supporting this apptication under of Civil Procedure seclion 491.110 or 708.120 is attached. 6. The person to be examined resides or has a place of business in this countv or within 150 miles of the 7. This court is not the court in which the money judgment is entered or iatla chment only) the cotltl writ of attachment. An affidavit suppo ing an applicalion under Code of Civil Procedure seclion 491.150 is attached. 8. examination - The iudgment debtor has been examined within the past 120 days. An affidavit showing good is attached. I declare under penalty of perjury under the laws ofthe State of Califomia that the foregoing is true and Ia fl I Date: Novenlber l+ Mark , ?OIL A. Serl in (TYPE OR PRINTMME) Fo.m Adoptsd 60r Mandatory Us6 Judiciel Coirncll of Caliio.nis ATl3a. EJ-125lRev. July r,20(X)l (Continued on reverse) APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION (Attachment-Enforcement of Judgment) *H#il: Cod6 of Civil Proc€dtt e 1 10, 708.110, 708 r 20 5! 49r APPEARANCE OF JUDGMENT DEBTOR (ENFORCEMENT OF JUDGMENT) NOTICE TO JUDGMENT DEBTOR lf you fail to appear at the time and place specified in this order, you may be subject to arrest and punishment for contempt of court, and the court may make an order requiring you to pay the reasonable attorney fees incurred by thejudgment creditor in this proceeding. APPEARANCE OF A THIRD PERSON (ENFORCEMENT OF JUDGMENT) (1) NOTICE TO PERSON SERVED lf youfail to appear at the time and place specified in this order, you may be subject to arrest and punishment for contempt of court, and the court may make an order requiring you to pay the reasonable attorney fees incurred by the judgment creditor in this proceeding. (2) NOTICETOJUDGMENTDEBTOR The person in whose favor the judgment was entered in this action claims that the person to be examined puruant to this order has possession or control of property which is yours or owes you a debt. This property or debt is as follows (Describe the propefty or debt using typewritten capital letters)| lf you claim that all or any portion of this property or debt is exempt from enforcement of the money judgment, you mustfile yourexemption claim in writing with the courtand have a copy personally served on the judgment creditor not later than three days before the date set for the examination. You must appear at the time and place set for the examination to establish your claim of exemption or your exemption may be waived. APPEARANCE OF A THIRD PERSON (ATTACHMENT) NOTICE TO PERSON SERVED lf you fail to appear at the time and place specified in this order, you may be subiect to arrest and punishment for contempt of court, and the court may make an order requiring you to pay the reasonable attolney fees incurred by the plaintiff in this proceeding. APPEARANCE OF A CORPOR.ATION, PARTNERSHIP, ASSOCIATION, TRUST, OR OTHER ORGANIZATION It is your duty to designate one or more of the following to appear and be examined: officers, directors, managing agents, or other persons who are familiar with your property and debts. Atn 38, EJ-125 [R6v. Jlly 1, 2000] APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION (Attachment - Enforcement of Judgmsnt)

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