United States District Court, W.D. Washington, Seattle
LOCALS 302 AND 612 OF THE INTERNATIONAL UNION OF OPERATING ENGINEERS CONSTRUCTION INDUSTRY HEALTH AND SECURITY FUND; LOCALS 302 AND 612 OF THE INTERNATIONAL UNION OF OPERATING ENGINEERS-EMPLOYERS CONSTRUCTION INDUSTRY RETIREMENT FUND; WESTERN WASHINGTON OPERATING ENGINEERS-EMPLOYERS TRAINING TRUST FUND; and LOCAL 302 INTERNATIONAL UNION OF OPERATING ENGINEERS, Plaintiffs,
BIANCHI, LLC, a Washington limited liability company, Defendant.
Russell J. Reid of Reid, McCarthy, Ballew & Leahy, L.L.P.
Attorneys for Plaintiffs
ORDER ON SUPPLEMENTAL PROCEEDINGS DIRECTING
APPEARANCE, ANSWERS, AND PRODUCTION OF DOCUMENTS OF JUDGMENT
to Plaintiffs' Motion for an Order requiring the Judgment
Debtor's attendance at an examination of debtor and
debtor's Answers and Production of Documents, and proof
having been made that an unsatisfied judgment against the
Judgment Debtor exists, it is hereby
that Brian Bianchi of Bianchi LLC, appear at the United
States Courthouse, 700 Stewart Street, Room 12th,
Seattle, Washington, on the 1st day of October 2019 at 10:00
am., then and there to answer under oath questions concerning
any property the debtor has in its possession, or under its
control which should be applied towards satisfaction of the
judgment rendered in this action.
IS FURTHER ORDERED that Brian Bianchi of Bianchi
LLC, answer the attached Interrogatories which are attached
to this Order as Exhibit 1 "A" and
incorporated herein by this reference, and bring the written
responses thereto to the supplemental proceedings examination
on the date given.
IS FURTHER ORDERED that Brian Bianchi of Bianchi
LLC, having been served with a copy of this Order, shall
bring the documents requested in Exhibit 1 "B" to
this Order, which is incorporated herein by this reference,
to the supplemental proceeding examination on the date given,
IT IS FURTHER ORDERED that Plaintiff is
entitled to attorney's fees if Brian Bianchi of Bianchi
LLC, does not appear, in the total amount of $150.00, for
bringing this Motion.
IS FURTHER ORDERED if Brian Bianchi of Bianchi LLC,
does not appear, a warrant may be issued for his arrest and
he shall be further obligated to the Plaintiffs for their
Brian Bianchi of Bianci LLC
directed to answer fully and separately, under oath, on or
before the date on which you have been ordered to appear
before the Court, as designated by the attached Order, the
following interrogatories and requests for production of
documents pursuant to the Rule 69 of the Federal Rules of
Civil Procedure (which incorporates by reference, Revised
Code of Washington, § 6.32.015, and the Washington
Superior Court Civil Rules 69, 30, 33 and 34). The documents
responsive to the request for production of documents shail
be produced before the Court at the hearing noted in this
Order, and inspection and copying permitted at the offices of
REID, MCCARTHY, BALLEW & LEAHY, L.L.P., 100 West Harrison
Street, North Tower, Suite 300, Seattle, WA 98119, or at such
other time and place as may be agreed upon by the parties.
Defendant may comply with this request for production of
documents by transmitting the originals or copies of all
responsive documents to Plaintiffs at the above-stated
address, so long as said documents are delivered on or before
the hearing date set by the Court.
answering these interrogatories and request for production of
documents, you are required to furnish information that is
available to you, including information in the possession of
your investigators, employees, agents, representatives,
guardians, attorneys, investigators for your attorneys, and
any other person or persons acting on your behalf.
you cannot answer the following interrogatories or request
for production of documents in full, after exercising due
diligence to secure the information, so state and answer to
the extent possible, specifying which part of the
interrogatory and request for production of documents you are
unable to answer and the reason why you cannot do so.
subpart of each interrogatory or request for production of
documents must be answered as completely as if it were a
separate interrogatory and request for production.
interrogatory and request for production of documents not
only calls for your knowledge, but also for all knowledge
that is available to you by reasonable inquiry, including
inquiry of your attorneys and representatives.
you object to any interrogatory or request for production of
documents, state with specificity the reasons for each
answering these interrogatories and requests for production
of documents, the following definitions apply:
a. "You," "your," "Defendant,"
or "Judgment Debtor" includes Brian Bianchhi and
Bianchi LLC, and any and all assigns, agents, guardians and
representatives, including without limitation, attorneys and
accountants acting on behalf of Brian Bianchi and Bianchi LLC
b. "Name" means, when you are requested to name an
individual or entity, to give the full name or assumed name,
business and home address, business and home telephone
numbers, a job title or position and relationship to you.
c. "Person" includes individuals, corporations,
partnerships, groups, associations, businesses, labor
organizations and governmental agencies.
d. "Custodian" refers to any" person"
having possession, custody or contra! of the document or
subject referred to.
e. "Document" should be interpreted in the broadest
possible manner and including any written, graphic, printed,
typed, photocopied, photographic, electronic, magnetic,
recorded, or tangible matter of any kind or character, or any
recorded material, however produced or reproduced, whether
prepared by you or otherwise, including, but not limited to
all papers, books, records, transcripts, drafts, contracts,
diaries, calendars, desk pads, minutes, lists of attendees,
brochures, pamphlets, advertisements, circulars, press
releases, correspondence, communications, telegrams,
teletypes, memoranda, notes, studies, work papers, summaries,
analyses, reports, notebooks, manuals, guidelines, rules,
instructions, operating procedures, drawings, blueprints,
graphs, charts, maps, films, videotapes, photographs,
electronic data storage materials, tapes, disks or diskettes,
digitally recorded information, lists, minutes, and entries
in books of account, bills, invoices, and also including
every copy of a document that is nonidentical to the original
(whether because of notes made on or attached to such copy or
f. "Identify" or "state the identity of means:
(1) when applied to an individual person, to state the full
name, present or last known home and business addresses,
present and former positions and occupations, relationship to
any party, employer, job description, and home and business
telephone numbers of the person;
(2) when applied to a document, to state the exact title,
serial or identifying numbers), if any, date, author(s),
signer(s), intended recipient(s), addressee(s) and present
custodian(s) of the document, or alternatively, to produce
for inspection and copying the document itself provided that
you reference the interrogatory and request for production of
documents to which the document is responsive. The
description must be sufficient to support a request for
production of documents.
(3) when applied to oral communication, to identify (as
defined in subparagraph (1), above) the speaker(s) and the
person(s) addressed, to state the date, place and medium of
the communications, and to describe compietely and in full
detail the content of the communication.
g. "Including" means including without limitation,
h. "State in detail" means to set out every aspect
of every fact, circumstance, act, omission or course of
conduct known to you relating in any way to the matter
inquired about, including without limitation, the date and
place thereof, the identify of each person present thereat,
connected therewith or who has knowledge thereof, the
identify of all documents relating thereto, if anything was
said by any person, the identity of each such person and each
such oral statement, and if the ora! statement in whole or in
part constituted, or was contained, or reported, summarized
or referred to in any documents, the identity of each such
i. "Complaint" means the complaint filed by
Plaintiffs in this action.
j. Any other words used herein shall be defined according to
standard American use, as shown in a standard dictionary of
the English language.
you claim any privilege (either alone or in conjunction with
other objections) with respect to any information called for
by an interrogatory and request for production of documents
or any part thereof, please identify the type of privilege
which is claimed, state the basis for the claim of privilege,
identify the information as to which the privilege isciaimed
and state the subject matter thereof. If you claim a
privilege with regard to any information called for by an
interrogatory and request for production of documents or any
part thereof, you should nevertheless respond to the
interrogatory and request for production to the extent that
it calls for information for which you do not claim a
Where an interrogatory and request for production of
documents asks for a date, an amount or any other specific
information, a statement that the precise date, amount or
other specific information is unknown to you is adequate
where you are capable of approximating the information
No. 1: State fully and completely the names and
addresses of all officers and directors of the corporation,
stating specifically the office held by each individual.
No. 2: Identify all of the corporation's checking
accounts, including the name of the financial institution,
name of ...