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BOARD OF TRUSTEES OF BAY AREA ROOFERS v. ACE ROOFING CO.

United States District Court, N.D. California


September 22, 2005.

BOARD OF TRUSTEES OF THE BAY AREA ROOFERS, et al., Plaintiffs,
v.
ACE ROOFING COMPANY, et. al., Defendant.

The opinion of the court was delivered by: BERNARD ZIMMERMAN, Magistrate Judge

ORDER OF EXAMINATION

To: Manuel Martinez, Judgment Debtor Ace Roofing Company 1337 Allyn Ave Saint Helena, CA 94574
  You the above named officer and custodian of records of corporate judgment debtor ARE HEREBY ORDERED to appear personally on November 7, 2005 at 10:30 a.m. at 450 Golden Gate Avenue, San Francisco, CA, 15th Floor, Courtroom G, before the Magistrate Judge Bernard Zimmerman then and there to be examined on oath concerning your property or other matters material to the proceedings.

  You are ordered to bring with you the following documents:

1. The corporation's bylaws, share register and minute book;
  2. Title documents to all equipment and vehicles of debtor; 3. All lists and schedules of rented, leased and owned equipment of debtor;

  4. Copies of all real property and personal property leases wherein debtor is a party;

  5. Copies of all tax bills, deeds, contracts, deeds of trust or deposit receipts relating to all real and personal property in which any interest is held;

  6. Annual Financial Statements for the 2004 and 2005 and all monthly financial statements for the same period;

  7. Federal tax returns for the last three years; 8. All bank statements, deposit slips and canceled checks for all accounts for 2004 and 2005;

  9. The last tax return filed with the Franchise Tax Board; 10. Copies of all purchase orders, change orders accepted bids, and contracts which relate in any way to work performed by debtor during the period from January 1, 2004 to date;

  11. All accounts receivable lists generated by the Company from 2004 and 2005 to date;

  12. Cash Disbursement Journals for 2004 and 2005; 13. All documents related to any loans to debtor or by debtor by any present or former shareholders, officers or employees of debtor;

  14. All documents related to any completed, pending or failed sale of substantially all corporate assets during the last three years.

  15. All personal guarantees made by any officer, agent or shareholder for the benefit of debtor.

  NOTICE TO JUDGMENT DEBTOR. IF 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 ATTORNEYS' FEES INCURRED BY THE JUDGMENT CREDITOR IN THIS PROCEEDING.

20050922

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