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Locals 302 and 612 of International Union of Operating Engineers Construction Industry Health and Security Fund v. Bianchi LLC

United States District Court, W.D. Washington, Seattle

August 27, 2019

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,
v.
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 DEBTOR

         Pursuant 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

         ORDERED 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.

         IT 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.

         IT 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.

         IT 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 attorney's fees.

         TO: Brian Bianchi of Bianci LLC

         INSTRUCTIONS AND DEFINITIONS

         You are 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.

         1. In 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.

         2. If 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.

         3. Each 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.

         4. Each 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.

         5. If you object to any interrogatory or request for production of documents, state with specificity the reasons for each objection.

         6. In 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 otherwise).
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 document.
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.

         7. If 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 privilege.

         8. 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 requested.

         INTERROGATORIES

         Interrogatory 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.

         Answer:

         Interrogatory No. 2: Identify all of the corporation's checking accounts, including the name of the financial institution, name of ...


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