This might be better than the interesting
The Order of the Court is stated below:
Dated:
April 19, 2016 12:52:26 PM
At the direction of:
/s/ TODD M SHAUGHNESSY District Court Judge
by
IN THE THIRD JUDICIAL DISTRICT COURT SALT LAKE COUNTY, STATE OF UTAH
/s/ Janet Rogers District Court Clerk
EPICERA INCORPORATED, a Utah corporation,
Plaintiff, v.
HEALTH EDUCATION CORPORATION, d/b/a NUTRANOMICS, a Utah Corporation; TRACY K. GIBBS, an individual,
Defendant and Counterclaim Plaintiff; and Defendant.
SUPPLEMENTAL ORDER
RE: EPIC ERA, INC.’S MOTION FOR ORDER IN SUPPLEMENTAL PROCEEDINGS
(HEALTH EDUCATION CORPORATION, d/b/a NUTRANOMICS)
IT IS HEREBY ORDERED that Defendant Health Education Corporation, d/b/a Nutranomics, through its authorized representative Jonathan Bishop, CEO of Health Education Corporation, d/b/a Nutranomics (“Defendant”), appear before this Court on Wednesday, May 4, 2016, at 2:00 p.m. at 450 South State Street, Room S-31, Salt Lake City, Utah, then and there to answer to the following questions, and others, and to bring with him the following documents concerning the property owned or controlled by Defendant under his respective positions and that Defendant is hereby restrained from disposing of or transferring any non-exempt property pending the hearing. With respect to the questions below, each is referencing Defendant, including references to “you” or “your.”
Questions:
1. Name all sources of income from any source whatsoever during the years 2013, 2014, 2015 and 2016.
2. Indicate your total fixed monthly income from any sources and list the amount and description of each fixed expense.
3. Identify all sources from which you receive money to pay your monthly expenses, and how that money is transferred including bank account numbers.
4. Name and identify all bank accounts in your name at any time during the years
2014, 2015 and 2016, including checking, savings accounts, certificates of
deposit and all accounts of any other type or derivation.
5. State all fees for management or other services you received during the years
2013, 2014, 2015 and 2016, and identify from whom such fees were received.
6. State what commissions you received or are entitled to receive from any source
whatsoever for the years 2013, 2014, 2015 and 2016.
7. State what stock dividends you received from any corporation, domestic or
foreign, publicly traded or otherwise during the years 2013, 2014, 2015 and 2016.
8. State what stocks, bonds or other securities you own at this time or you have
owned during the years 2013, 2014, 2015 and 2016.
9. State what distributions you received from any partnership, trust or company,
domestic or foreign, during the years 2013, 2014, 2015 and 2016.
10. What ownership interests of any real property do you have at this time?
11. What ownership in real property have you had at any time during 2013, 2014,
2015 and 2016, and if different from current ownership, how were those properties disposed of, what are their current values, who retains ownership in those properties and what were the circumstances behind the transfer of said real property?
12. What ownership interest do you have in any partnership, other legal entity or corporation owning any real estate not listed above?
13. If different from above, what ownership interests in any mortgages do you have and what is the amount of interest outstanding? Include a description of the
property mortgaged and the identity, address and telephone number of the
mortgagor.
14. If different from above, state what ownership interest you now have or have had
at any time during 2013, 2014, 2015 and 2016, in any stocks, bonds, mutual
funds, debentures or other securities.
15. State any ownership interest you have now or had at any time during 2013, 2014,
2015 and 2016, in any brokerage account(s).
16. If you have, or had at any time during 2013, 2014, 2015 and 2016, an interest in
securities or brokerage accounts as described above, name the broker, the account number, location and telephone number of the broker, outstanding balance, and income derived therefrom during such period.
17. If different from above, state what ownership you have had or at any time during 2013, 2014, 2015 and 2016, in any commodities and/or commodity accounts.
18. If different from the above, state what interests in government debts or notes you
have or had at any time during 2013, 2014, 2015 and 2016.
19. If different from above, state what ownership you have with any financial
institution whatsoever pursuant to which you have any authority to withdraw
funds.
20. Do you have, or have you at any time during 2013, 2014, 2015 and 2016 had
authority to withdraw funds from an account not in your name, and if so, state the name of the account, the amount of assets in the account, and in whose name the account is listed, and all authorized signatories thereon?
21. If different from the above indicate all ownership interest in any other financial institution whatsoever that you have any authority to withdraw funds or to borrow against funds or otherwise derive benefit from the balance of said funds.
22. Indicate under what circumstances you act as trustee or a fiduciary with respect to any property.
23. If different from the above, what interest do you have in any insurance policy? List the name of the company, the face of the policy, the type of insurance, the beneficiary and the amount borrowed thereon or available to borrow thereon.
24. Indicate what dividends or other payments or premiums you receive on any insurance policy or policies.
25. If different from the above, list any insurance policy or policies under which you are named as a beneficiary.
26. What interest do you have in any patents, inventions, trademarks, copyrights, trade names, or royalties?
27. What names do you do business under in the State of Utah?
28. What legal claims do you have against any individual or entity whatsoever at this
time?
29. If different from above, do you have any claim against the interest of an estate or
trust of any person, whether living or dead? If so, identify the estate or trust and
the amount of the claim and description of the same.
30. If different from above, indicate in what action you are a plaintiff or a defendant
or otherwise prosecuting any action or proceeding now pending in court.
31. State all interest you have in promissory notes, drafts, or other commercial paper not otherwise listed above and identify the maker, draw account, payment due and owing and payment scheduled, and include any and all balloon notes or other deferred payment.
32. State any money that you are entitled to receive from any state, city or federal governmental unit or agency or department thereof and identify the unit, agency or department and the amount due and owing and when said amount is due.
33. Identify any and all federal, state, city or other government tax refunds that you are entitled to and state the amount and the time frame within which this refund is expected.
34. State any and all judgments or decrees outstanding against you; list the type of the case, the case number and the court in which each judgment or decree was entered and with respect to each such judgment, please state whether any portion or each judgment has been satisfied or otherwise compromised and who currently owns each such judgment or a portion thereof. Please also list any liens, deeds of trust mortgages or other debts entered against you.
35. In the last four years, state what conveyances of real or personal property have you made and list the property transferred, the approximate value, the money received therefrom, the date of transfer, the identity of the recipient, the nature of the property and the present value of ownership of same.
36. List all forgiveness of debt or forgiveness of contract rights or claims that you have made in the last four years.
During the past four years, what payments have you made to trade creditors outside of the ordinary course of your business? Identify the creditor and list the amount and date of the payment.
38. List any and all accounts receivable that you hold at the present time. Identify the name and address of the debtor and the amount owed.
39. What payments have you made in the last four years to banks, financial institutions or other holders of any notes, bonds, or any indebtedness, creditors or others who were fully secured by a valid and perfected security interest in assets having a value of at least as great as the amount of the indebtedness and list the payments and dates and the party to whom they were made.
40. If not listed above, list all real or personal property which is held by others for your benefit and if applicable, list the property named, state who it is held by, and state the approximate value, the date of acquisition, cost of acquisition, present value, identity of holder and nature of the holding by the third party.
41. If different from above, list all banks to whom you are indebted, including savings and loans, credit unions, financing companies, brokerage houses, or individuals, the name of the institution or individual, amount of indebtedness, date the indebtedness occurred, the terms of the indebtedness, and payment schedules on such indebtedness.
42. List and describe all of your assets including all furniture, fixtures, equipment, intellectual property, general intangibles, and accounts, and state the value of each asset and any indebtedness thereon.
43. Identify all loans you have applied for during the past four years, and describe the purpose of the loan and the financial institution or person to whom you made this application.
44. List all ownership interest you have in any airplane, automobile, boat, trailer, motorcycle, all terrain vehicle, recreational vehicle, any motor vehicle of any type whatsoever, and list the VIN number, serial numbers, dates of acquisition, current value, liens against, loans for which such assets would have been used as collateral or other encumbrances not previously mentioned.
45. State your ownership interest in any work of art and include a description of the work of art, the date and cost of acquisition, the current value thereof, and any liens or encumbrances thereon.
46. What financial statements, general ledgers, profit and loss statements, balance sheets, and other financial documents have been prepared for you and by whom in the last five years? Include the name of the financial institution, bank, corporation, firm or persons who prepared such financial data and the amount of remuneration paid for preparation of such financial data.
47. Are you a custodian for any property of any minor or any other individual or entity not previously described? Include a description of the property, and identify the actual owner, cost of acquisition, current cost, liens, and encumbrances thereon.
48. List all ownership that you have in property, real or personal, in other foreign countries or territories. Include a description of every item and its location,
address, legal description, serial number if applicable, date of acquisition, cost,
current value, and liens and encumbrances currently thereon.
49. List all other bank accounts, savings accounts, deposit accounts, notes, stock, debentures, certificates of deposit, or other equities that you own in any other
country outside of the United States.
50. List all other payments, funds, money or other consideration from any source
whatsoever not listed above that you are entitled to.
51. If not stated above, what other property of any nature whatsoever with a value of
over $500 do you have an ownership in?
52. Do you have ownership interest in any oil and gas leases or contracts? If so,
identify the leases and contracts, identify your interest therein and identify your
present and future income or debt thereon.
53. How much cash do you have presently and state how much and the location of
such cash?
54. As to these various questions surrounding your financial condition, are there any
material facts relating to your financial condition which have not been reviewed
above, and if so, disclose them.
55. Identify and describe all financial arrangements with your legal counsel relating
to this case including payments made or security promised, pledged or agreed.
56. Identify the sources from which you used to pay for your attorneys fees in this
proceeding.
Bring with you any and all documents relating to the foregoing inquiries.
58. Bring with you copies of all guarantees, liens, or obligations of you to any
individual, corporation, partnership or other entity and list the identity of the
party, the amount, and the holder of every guarantee thereunder.
59. Bring with you copies of all documents proving an ownership interest in personal
property (including automobiles and any other type of vehicle) and real property,
whether that ownership interest be partial or whole.
60. Produce all Federal and State tax returns and all schedules for the years 2013,
2014, 2015 and 2016, and state all material fact relating to your financial
condition that have not been reviewed above.
61. Bring with you all invoices you have received from your attorneys during the
years 2013, 2014, 2015 and 2016.
62. Bring with you copies of any and all of your paystubs for the years 2013, 2014,
2015 and 2016.
63. Bring all documents relating to any financial transaction that benefitted you from
any defendant in this matter for the years 2013, 2014, 2015 and 2016.
