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Ken Walters and John Bonilla, In Their v. Golden Gate Crane & Rigging

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA (OAKLAND DIVISION)


August 23, 2011

KEN WALTERS AND JOHN BONILLA, IN THEIR RESPECTIVE CAPACITIES AS TRUSTEES OF THE OPERATING ENGINEERS HEALTH AND
WELFARE TRUST FUND FOR NORTHERN CALIFORNIA, ET AL.,
PLAINTIFFS,
v.
GOLDEN GATE CRANE & RIGGING, INC.,
DEFENDANT.
KEN WALTERS AND JOHN BONILLA, IN 19 THEIR RESPECTIVE CAPACITIES AS TRUSTEES OF THE OPERATING ENGINEERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA, ET AL., PLAINTIFFS,
v.
GOLDEN GATE CRANE & RIGGING, INC., ROBERT NEWBERRY, SUE NEWBERRY, ET AL., DEFENDANTS.

The opinion of the court was delivered by: United States Magistrate Judge Donna M. Ryu

AMENDED ORDER SETTING DEBTOR'S EXAMINATION OF JUDGMENT DEBTOR ROBERT NEWBERRY

Pursuant to Ex Parte Application of the Judgment Creditors for issuance of this Court's Order Scheduling Judgment Debtor Examination, and Good Cause Appearing therefore, 3

IT IS HEREBY ORDERED, ADJUDGED and DECREED that:

1. Judgment Debtor Robert Newberry shall personally appear on December 7, 2011 at 9:30 a.m. at Oakland Courthouse, Courtroom 4 - 3rd Floor, 1301 Clay Street, Oakland, CA 6 94612, California before the Magistrate Judge Donna M. Ryu then and there to be examined on 7 oath concerning Judgment Debtor's property or other matters material to the proceeding. 8

serve Robert Newberry, by mail, at his residence address located at 6182 Skyfarm Drive, Castro

2. Pursuant to stipulation with Judgment Debtor's counsel Diane Aqui, Plaintiffs shall

Valley, CA 94552 with a copy of this Order and shall provide proof of such service to the Court 11 not less than five (5) days before the Judgment Debtor's Examination. 12

3. Should Judgment Debtor fail or refuse to appear at the Judgment Debtor Examination herein scheduled, or to produce the documents pursuant to F.R.C.P. 34, this Court 14 may adjudicate Judgment Debtor guilty of civil contempt of its orders and may issue a warrant or 15 seizure order to compel compliance with this Order. 16

20110823

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