Board of Trustees of the Sheet Metal Workers Local 104 Health Care Trust et al v. Glenn's Metal Works, Inc.

Filing 34

ORDER OF EXAMINATION: Judgment Debtor Exam set for 10/2/2012 09:00 AM in Courtroom E, 15th Floor, San Francisco. Signed by Judge Elizabeth D Laporte on 8/27/2012. (knsS, COURT STAFF) (Filed on 8/28/2012)

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Case3:11-cv-04619-JSW Document33 Filed08/24/12 Page1 of 3 1 4 ERSKINE & TULLEY A PROFESSIONAL CORPORATION MICHAEL J. CARROLL (St. Bar #50246) 3030 Bridgeway, Suite 231 Sausalito, CA 94965 Telephone: (415) 729-9006 FAX: (415) 729-9023 5 Attorneys for Plaintiffs 2 3 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 16 BOARD OF TRUSTEES OF THE SHEET METAL ) ) WORKERS, et al., ) Plaintiffs, ) ) ) vs. ) GLENN’S METAL WORKS, etc., ) ) ) Defendant. ____________________________________ ) 17 To: 12 13 14 15 18 19 NO. C 11 4619 JSW(EDL) (PROPOSED) ORDER OF EXAMINATION James R. Aldrich, President and Custodian of Records of Corporate Judgment Debtor Glenn’s Metal Works, Inc. 663 Bambi Lane Santa Rosa, CA 95409 20 You the above named custodian of records and officer of 21 judgment debtor ARE HEREBY ORDERED to appear personally on Tuesday, 22 October 2, 2012 at 9:00 a.m. at 450 Golden Gate Avenue, Courtroom E, 23 15th Floor, San Francisco, California before the Magistrate Elizabeth 24 D. Laporte then and there to be examined on oath concerning your 25 property or other matters material to the proceedings. 26 You are ordered to bring with you the following documents: 27 1. 28 The corporation's bylaws, share register and minute book; ORDER OF EXAMINATION 1 Case3:11-cv-04619-JSW Document33 Filed08/24/12 Page2 of 3 1 2. Title documents to all equipment and vehicles of debtor; 2 3. All lists and schedules of rented, leased and owned 3 equipment of debtor; 4 5 4. Copies of all real property and personal property leases wherein debtor is a party; 6 5. Copies of all tax bills, deeds, contracts, deeds of 7 trust or deposit receipts relating to all real and personal property 8 in which any interest is held; 9 10 6. Annual Financial Statements and all monthly financial statements for 2012; 11 7. Federal tax returns for the last year reported; 12 8. All bank statements, deposit slips and canceled checks 13 for all accounts for January 2012 to the present; 14 9. 15 10. The last tax return filed with the Franchise Tax Board; Copies of all purchase orders, change orders accepted 16 bids, and contracts which relate in any way to work performed by 17 debtor during the period from January 1, 2012 to date; 18 19 11. All accounts receivable lists generated by the Company in 2012; 20 12. Cash Disbursement Journals for 2012; 21 13. All documents related to any loans to debtor or by 22 debtor by any present or former shareholders, officers or employees 23 of debtor; 24 14. All documents related to any completed, pending or 25 failed sale of substantially all corporate assets during the last 26 three years. 27 28 15. All personal guarantees made by any officer, agent or shareholder for the benefit of debtor. ORDER OF EXAMINATION 2 Case3:11-cv-04619-JSW Document33 Filed08/24/12 Page3 of 3 1 NOTICE TO JUDGMENT DEBTOR. IF YOU FAIL TO APPEAR AT THE 2 TIME AND PLACE SPECIFIED IN THIS ORDER, YOU MAY BE SUBJECT TO ARREST 3 AND PUNISHMENT FOR CONTEMPT OF COURT AND THE COURT MAY MAKE AN ORDER 4 REQUIRING YOU TO PAY THE REASONABLE ATTORNEYS' FEES INCURRED BY THE 5 JUDGMENT CREDITOR IN THIS PROCEEDING. 6 August 27, 2012 Dated:____________ 7 _______________________________ Magistrate Elizabeth D. Laporte 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER OF EXAMINATION 3

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