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

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


May 16, 2012

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*fn1 is defendants and judgment debtors' ("defendants") Ex Parte Application For Omnibus Extension Of Time To Respond To Discovery Propounded To Judgment Debtors Larry Harmon, Larry Harmon & Associates, P.A. And Vitalis Partners, LLC, And To Set A Date Certain For Larry Harmon's Debtor's Exam ("Application"). (Dkt. No. 64.) On May 8, 2012, the court granted the Application as to defendants' request for an extension until June 18, 2012, for the time to respond to the requests to produce documents and special interrogatories, set one, propounded by plaintiffs and judgment creditors ("plaintiffs") to defendants. (Dkt. No. 66.) The court further instructed the parties to confer and advise the court as to defendants' request that Larry Harmon's ("Harmon") debtor's examination be set for a date certain during the week of July 16, 2012. (Dkt. No. 66.) Defendants have now advised the court that the parties have agreed to set Harmon's debtor's examination for a date certain during the week of July 16, 2012. (Dkt. No. 67.)

Accordingly, and the court having concluded that plaintiffs' ex parte Application makes 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 Thursday, July 19, 2012, 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.

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.

IT IS SO ORDERED.


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