United States District Court, N.D. California
September 22, 2005.
BOARD OF TRUSTEES OF THE BAY AREA ROOFERS, et al., Plaintiffs,
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
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.
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