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Ben Gordon, G7, Inc, and Bg4 v. Vitalis Partners

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


December 15, 2010

BEN GORDON, G7, INC, AND BG4, INC., PLAINTIFFS AND CREDITORS,
v.
VITALIS PARTNERS, LLC; LARRY HARMON & ASSOCIATES, P.A.; KCD DEVELOPMENTS, LLC; LARRY HARMON, AND INDIVIDUAL, AND KENNY CRUZ, AN INDIVIDUAL,
DEFENDANTS.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER FOR APPEARANCE AND EXAMINATION OF JUDGMENT DEBTOR LARRY W. HARMON

Presently before the court is plaintiffs and creditors' ("plaintiffs") Ex Parte Application for Order Requiring Examination of Judgment Debtor Larry W. Harmon.*fn1 (Dkt. No. 8.) Plaintiffs separately filed an Application and Order for Appearance and Examination on Judicial Council of California Form A-138, EJ-125 [Rev. July 1, 2000]. (Dkt. No. 9.) These filings will be referred to collectively as the "Applications."

Having concluded that plaintiff's ex parte Applications make the showing required by Federal Rule of Civil Procedure 69(a)(2) and the applicable provisions of California Code of Civil Procedure §§ 708.110 et seq., IT IS HEREBY ORDERED that defendant and judgment debtor Larry W. Harmon shall appear personally on Monday, January 10, 2011, at 9:00 a.m., in Courtroom 25 of the United States District Courthouse, located at 501 "I" Street, Sacramento, California, 95814, to answer questions concerning defendant and judgment debtor Larry W. Harmon's real and personal property.*fn2

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 ATTORNEY'S FEES INCURRED BY THE JUDGMENT CREDITOR IN THIS PROCEEDING. *fn3

IT IS SO ORDERED.


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