Cdex, Inc. (fka CDEX)

[Crow3]

ANOTHER VERBATIM COPY OF A FILING RE RYLES

A. Laird, SBN 020541, [e-mail]
Attorney for Creditor James Ryles
UNITED STATES BANKRUPTCY COURT DISTRICT OF ARIZONA
In re:
CDEX, INC.,
Debtor.
No. 4-12-BK-2402-JMM
MOTION FOR ORDER COMPELLING RULE 2004 EXAMINATION AND RULE 9016 PRODUCTION OF DOCUMENTS
Pursuant to Rule 2004 and Rule 9016 Federal Rules of Bankruptcy Procedure, Creditor James Ryles, through counsel, requests the Court to order Debtor’s CEO Jeffrey K. Brumfield to (a) appear for an examination under oath, and (b) to produce for inspection and copying the documents described in paragraph 8, below, in the possession or control of Jeffrey K. Brumfield and/or Debtor and its agents/officers/employees, as follows:
1.
Witnesses to be examined: Jeffrey K. Brumfield.
2.
Date: June 11, 2012.
3.
Time: 10:00 a.m.
4.
Place: Heurlin Sherlock Laird, 1636 North Swan Road, Suite 200,
Tucson, Arizona 85712.
5.
Scope of Examination: • Any/all transfers or sales of assets of Debtor from November 12, 2011 until Case 4:12-bk-02402-JMM Doc 67 Filed 05/17/12 Entered 05/17/12 14:26:11 Desc
the day of examination.
•
The source, current status, and all terms or agreements of any kind related to the $200,000 that was the subject of Debtor’s March 14, 2012 Motion for Order to Return Funds.
•
The source, current status, and all terms or agreements of any kind related to the approximately $275,000 of separately held funds.
•
The current status of any/all contracts or potential contracts for sales or potential sales of Debtor’s Vali Med systems, and any other products/technology of any kind.
•
Inventory of all Debtor assets, including but not limited to the following: Ocean Optics USB 2000 + Spectrometer, Ocean Optics USB 2000 + NOS, Flashlamp Light Sources.
•
Transfers of assets or payments of any kind from CDEX to Jeffrey Brumfield, Wade Poteet, Steven McCommon, Sean Brumfield, Robert Stewart, from November 12, 2011 until the day of examination.
•
Any and all other matters relevant to Debtor’s finances, debts, assets, and bankruptcy.
•
All documents/subjects listed in number 8, below.
6.
The moving party calculates the mileage pursuant to F.R.B.P. 2004(e) as 10 miles round-trip. Mileage and witness fee will be advanced.
7.
Time, Date and Place of Production of Documents: June 4, 2012, 10:00 a.m., Heurlin Sherlock Laird, 1636 North Swan Road, Suite 200.
8.
Documents to be produced:
•
All emails or other written communications between Mr. Brumfield and Robert Stewart from November 12, 2011 until the day of examination.
•
All non-privileged written communications between Mr. Brumfield and any member of the Baxa and or Pemco companies.
Case 4:12-bk-02402-JMM Doc 67 Filed 05/17/12 Entered 05/17/12 14:26:11 Desc
Main Document Page 2 of 4

All written communications and documents of any kind related to the $200,000 that was the subject of Debtor’s March 14, 2012 Motion for Order to Return Funds.
•
All written communications and documents of any kind related to the approximately $275,000 of separately held funds.
•
All written communications and documents of any kind related to any transfers of assets or payments of any kind from CDEX to Jeffrey Brumfield, Wade Poteet, Steven McCommon, Sean Brumfield, Robert Stewart, from November 12, 2011 until the day of examination.
•
All written communications and documents of any kind related to inventory of all Debtor assets, including but not limited to the following: Ocean Optics USB 2000 + Spectrometer, Ocean Optics USB 2000 + NOS, Flashlamp Light Sources.
•
All written communications and documents of any kind related to the current status of any/all contracts or potential contracts for sales or potential sales of Debtor’s Vali Med systems, and any other products/technology of any kind.
•
All other documents otherwise relevant to the subjects listed in number 5, above.
9.
The debtors will be served through counsel with a notice of the deposition and requests for production upon issuance of an order compelling the examination and production.
Dated: May 17, 2012.
s/ Brian A. Laird
Brian A. Laird, SBN 020541
HEURLIN SHERLOCK LAIRD
1636 N. Swan Road, Suite 200
Tucson, AZ 85712-4096
Tel: [phone] Fax: [phone]
Attorneys for Creditor Jame