From Casetext: Smarter Legal Research

Biancur v. Hickey

United States District Court, Ninth Circuit, California, N.D. California, San Francisco Division
Aug 14, 2014
95-CV-02145-WHA (JSC) (N.D. Cal. Aug. 14, 2014)

Opinion


A. LEE and LINDA BIANCUR; LA RUE W. BEAN; ALLEN J. MURPHY; and ROBERT and GAIL SCHLENZIG; on Behalf of Themselves and all Others Similarly Situated, Plaintiffs, v. JOHN A. HICKEY; MAMIE TANG; PILLSBURY MADISON & SUTRO; HICKEY, DUNN & SWAN; and D.E. FREY, A Broker-dealership and Member of the National Association of Securities Dealers, on Behalf of Itself and as a Representative of a Class of Broker Dealers, Defendants. No. 95-CV-02145-WHA (JSC). United States District Court, N.D. California, San Francisco Division. August 14, 2014.

          [PROPOSED] ORDER COMMANDING DEFENDANT JOHN A. HICKEY TO COMPLETE AND SUBMIT JUDGMENT DEBTOR QUESTIONNAIRE AND TO APPEAR FOR A JUDGMENT DEBTOR'S EXAMINATION

          JACQUELINE SCOTT CORLEY, Magistrate Judge.

         Having considered the ex parte papers filed by Plaintiffs and judgment creditors for an Order commanding defendant John A. Hickey ("Hickey") to appear for a judgment debtor's examination and to complete and submit a Judgment Debtor Questionnaire, filed on August 7, 2014, and having considered all papers filed and proceedings conducted herein and for good cause shown,

         IT IS HEREBY ORDERED THAT:

         Plaintiffs and judgment creditors' Ex Parte Application for an Order Commanding Defendant John A. Hickey to Complete and Submit a Judgment Debtor Questionnaire and to Appear for a Judgment Debtor's Examination ("Application") is GRANTED.

         DEFENDANT HICKEY IS HEREBY ORDERED to appear personally on September 5, 2014 at 10:00 a.m. to furnish information to aid in enforcement of the money judgment against Hickey in the above-captioned case (the "Examination"), at the following address:

United States District Court for the Northern District of California 450 Golden Gate Avenue, Courtroom F, 15th Floor, San Francisco, CA 94102

         Subject to the supervision of the Court, Plaintiffs' counsel shall conduct the Examination. Plaintiffs' counsel shall arrange for and bear the cost of a court reporter to attend and stenographically record the examination.

         The following notice is also hereby given, in accordance with California's Enforcement of Judgments Law (Cal. Civ. Proc. Code § 708.110(e)):

         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 FURTHER ORDERED that, no later than August 27, 2014, defendant Hickey will complete, execute under penalty of perjury, and deliver to Plaintiffs' counsel at the address listed below, the form of Judgment Debtor Questionnaire attached hereto as Exhibit A (the "Questionnaire"). Defendant Hickey will complete the Questionnaire fully and accurately and under penalty of perjury.

         The address to which Hickey must submit the completed and executed Questionnaire is:

         IT IS SO ORDERED.

         EXHIBIT A


Summaries of

Biancur v. Hickey

United States District Court, Ninth Circuit, California, N.D. California, San Francisco Division
Aug 14, 2014
95-CV-02145-WHA (JSC) (N.D. Cal. Aug. 14, 2014)
Case details for

Biancur v. Hickey

Case Details

Full title:A. LEE and LINDA BIANCUR; LA RUE W. BEAN; ALLEN J. MURPHY; and ROBERT and…

Court:United States District Court, Ninth Circuit, California, N.D. California, San Francisco Division

Date published: Aug 14, 2014

Citations

95-CV-02145-WHA (JSC) (N.D. Cal. Aug. 14, 2014)