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Board of Trustees of Construction Industry and Laborers Health and Welfare Trust v. Veterans Southwest Industries Inc.

United States District Court, D. Nevada

January 30, 2017

THE BOARD OF TRUSTEES OF THE CONSTRUCTION INDUSTRY AND LABORERS HEALTH AND WELFARE TRUST; THE BOARD OF TRUSTEES OF THE CONSTRUCTION INDUSTRY AND LABORERS JOINT PENSION TRUST; THE BOARD OF TRUSTEES OF THE CONSTRUCTION INDUSTRY AND LABORERS VACATION TRUST; THE BOARD OF TRUSTEES OF SOUTHERN NEVADA LABORERS LOCAL 872 TRAINING TRUST, Plaintiff,
v.
VETERANS SOUTHWEST INDUSTRIES INC., a/k/a VETERANS SOUTHWEST MAINTENANCE, Defendants.

          THE URBAN LAW FIRM MICHAEL A. URBAN, Nevada State Bar No. 3875 SETH T. FLOYD, Nevada State Bar No. 11959 Counsel for Plaintiffs Laborers Joint Trust Funds

          MICHAEL A. URBAN, Nevada State Bar No. 3875 NATHAN R. RING, Nevada State Bar No. 12078 SETH T. FLOYD, Nevada State Bar No. 11959 Counsel for Plaintiffs Laborers Joint Trust Funds

          APPLICATION FOR JUDGMENT DEBTOR EXAMINATION OF STANLEY WASHINGTON, REPRESENTATIVE OF DEFENDANT

         Plaintiffs BOARD OF TRUSTEES OF THE CONSTRUCTION INDUSTRY AND LABORERS HEALTH AND WELFARE TRUST; BOARD OF TRUSTEES OF THE CONSTRUCTION INDUSTRY AND LABORERS JOINT PENSION TRUST; BOARD OF TRUSTEES OF THE CONSTRUCTION INDUSTRY AND LABORERS VACATION TRUST; AND THE BOARD OF TRUSTEES OF THE SOUTHERN NEVADA LABORERS LOCAL 872 TRAINING TRUST, (hereinafter “Plaintiffs”), by and through its attorney of record, Seth T. Floyd, Esq. of THE URBAN LAW FIRM, and pursuant to Rule 69 of the Federal Rules of Civil Procedure, hereby moves this Court for an Order directing the appearance of STANLEY WASHINGTON, Vice President and representative of Defendant/Judgment Debtor Veterans Southwest Industries Inc., a/k/a Veterans Southwest Maintenance, and an Order directing the production of certain documents subject to his control.

         This application is supported by the Declaration of Seth T. Floyd and the proposed Order filed herewith (“Declaration”). As indicated in the paragraph 6 of the Declaration, Mr. Washington is an individual believed to reside in Clark County, Nevada.

         MEMORANDUM OF POINTS AND AUTHORITIES

         Rule 69 of the Federal Rules of Civil Procedure allows a Judgment Creditor to enforce a judgment through supplementary proceedings, including discovery from the Judgment Debtor.

         On January 15, 2016, Case No. 2:15-ms-00073 was converted to civil docket case number 2:16-cv-00093.

         Judgment was entered on December 5, 2016, in Case No. 2:15-ms-00073, in favor of Plaintiffs and against Defendant Veterans Southwest Maintenance, in the amount of $8, 754.16.

         Said judgment has not been vacated or reversed. The current balance due on the judgment is $8, 754.16 exclusive of interest, and it remains owing and unpaid. There is no stay of execution and execution may properly be issued.

         Stanley Washington (“hereinafter referred to as “Mr. Washington”), as a representative of Veterans Southwest Maintenance entered into a settlement agreement in which he agreed to be liable for payment of the debt owed by the debtor. A judgment debtor examination of Mr. Washington is necessary to enable Judgment Creditor to discover the assets, real and personal property, current employment, etc., and any facts relating thereto, which may assist Judgment Debtor in obtaining satisfaction of the Judgment.

         WHEREFORE, pursuant to FRCP 69, Judgment Creditor respectfully requests that this Court issue an Order scheduling a judgment debtor examination of Stanley Washington.

         DECLARATION OF SETH T. FLOYD IN SUPPORT OF APPLICATION FOR JUDGMENT DEBTOR EXAMINATION OF STANLEY WASHINGTON, REPRESENTATIVE OF DEFENDANT

          I, SETH T. FLOYD, declare:

         1. I am a member of the Bar of this Court and attorney of record for the Judgment ...


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