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Trustees of the Bricklayers Pension Trust Fund v. C M U Masonry Co., Inc.

United States District Court, E.D. Michigan, Southern Division

May 10, 2017

TRUSTEES of the BRICKLAYERS PENSION TRUST FUND - METROPOLITAN AREA; BRICKLAYERS AND TROWEL TRADES INTERNATIONAL RETIREMENT SAVINGS PLAN; BRICKLAYERS HOLIDAY TRUST FUND - METROPOLITAN AREA; TROWEL TRADES HEALTH AND WELFARE FUND - DETROIT AND VICINITY; BRICKLAYERS AND TROWEL TRADES INTERNATIONAL PENSION FUND; DETROIT METROPOLITAN MASONRY JOINT APPRENTICESHIP AND TRAINING COMMITTEE; BRICKLAYERS INTERNATIONAL MASONRY INSTITUTE; and the LABOR-MANAGEMENT COOPERATION COMMITTEE; Plaintiffs,
v.
C M U MASONRY CO., INC., a Michigan corporation, CARL J. COLO, an individual, and EMILIO MASTRONARDI, an individual, jointly and severally, Defendants.

          ORDER FOR EXAMINATION OF JUDGMENT DEBTORS AND RESTRAINING TRANSFER OF ASSETS SUPPLEMENTARY TO JUDGMENT

         THIS MATTER having come before this Court on Plaintiffs' Ex-Parte Motion for Examination of Judgment Debtors and Restraining Transfer of Assets Supplementary to Judgment, and said Motion having been duly filed along with a supporting Affidavit and Brief, and the Court having reviewed the same and being fully advised in the premises:

         I. ORDER TO APPEAR FOR DEBTOR'S EXAMINATION NOW THEREFORE, IT IS HEREBY ORDERED that Mr. Carl Colo, judgment debtor and sole owner and operator of CMU Masonry Co., Inc. (“CMU”), a Michigan corporation, whose address is 25884 Norvell St., Chesterfield, MI 48051, shall appear at the law offices of Novara Tesija, P.L.L.C., 2000 Town Center, Suite 2370, Southfield, Michigan 48075, on Wednesday May 24, 2017 at 10:00 A.M. to be examined under oath concerning the income, property, or other means of satisfying the Judgment entered herein against Defendant on March 17, 2017.

         IT IS FURTHER ORDERED that said person shall bring with him the following books, records, and papers in his possession, custody, or control as they relate to Defendant CMU Masonry Co., Inc.:

1. All checkbooks, check registers, check stubs, canceled checks, bank statements and other documents whatsoever relating to any deposit, savings, passbook, or like account maintained with a bank, savings and load association, credit union or like organization, in which Defendant has, or has had, any interest, at any time during the three (3) years immediately preceding the date hereof;
2. Copies of all returns, schedules and forms filed by, or on behalf of, Defendants with the Internal Revenue Service, State of Michigan, and any municipal governments, relating to any income received, property owned, business activities, sale or intangibles tax, of Defendants at any and all times during the period three (3) years preceding the date hereof;
3. All books of account and accounts receivable ledgers;
4. List of assets and liabilities;
5. All contracting of purchase, sale, bill of sale, certificates of title and deeds, and all other evidences of title of instruments of whatsoever kind of nature, relating to the purchase, sale or ownership of any property, real or personal, or any interest therein, purchased, sold or owned by, or on behalf of, Defendants at any time during the five (5) years immediately preceding this date;
6. Copies of all subcontracts, profit and loss statements, and balance sheets relating to the affairs of Defendants prepared by, or on behalf of, said Defendants during the period three (3) years immediately preceding the date hereof; and
7. A complete accounting of all current and past projects worked for the previous three (3) years, as well as a complete listing of all accounts receivable for all such projects.

         II. RESTRAINING ORDER

         IT IS FURTHER ORDERED that said Defendants, CMU and Carl Colo, their officers, agents, directors, servants, employees, salespersons, independent contractors, attorneys, distributions, corporations, subsidiaries, affiliates, successors, assigns, and those persons or entities in active concert or participation with CMU and Carl Colo, who receive actual or constructive notice of this Order by personal service, facsimile, electronic communication or otherwise, whether acting directly or through any trust, corporation, subsidiary, division, or other device, or any of them, are until further order of this Court, hereby restrained and enjoined from directly or indirectly:

         A. Selling, liquidating, assigning, transferring, converting, loaning, encumbering, pledging, concealing, dissipating, spending, withdrawing, otherwise disposing of any funds, real or personal property, or other assets or any interest therein, including any assets outside the territorial United States; which are:

1. in the actual or constructive possession of CMU or Carl Colo;
2. owned or controlled by, or held, in whole or in part, for the benefit of, or subject to access by, or belonging to, CMU or Carl Colo;
3. in the actual or constructive possession of, or owned or controlled by, or subject to access by, or belonging to any corporation, partnership, or under common control with CMU and Carl Colo, including but not limited to: any assets held by or for CMU and Carl Colo at any bank or savings and loan institution, or with any broker-dealer, escrow agent, title company, commodity trading company, ...

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