ANOTHER VERBATIM COPY OF A FILING, IN WHICH HIS HONOR APPROVED
UNITED STATES BANKRUPTCY COURT DISTRICT OF ARIZONA
In re:
CDEX, INC.,
Debtor.
No. 4-12-BK-2402-JMM
ORDER COMPELLING APPEARANCE FOR RULE 2004 EXAMINATION AND RULE 9016 PRODUCTION OF DOCUMENTS
Upon consideration of creditor James Ryles’ Motion, through counsel, for an order pursuant to Rule 2004 and Rule 9016, Federal Rules of Bankruptcy Procedure, and good cause appearing therefor,
IT IS ORDERED that Debtor’s Chief Executive Officer Jeffrey K. Brumfield shall appear and submit to examination under oath and submit the records described below for copying at the law offices of Heurlin Sherlock Laird, 1636 North Swan Road, Suite 200, Tucson, Arizona, on June 4, 2012, beginning at 10 a.m.
The scope of the examination shall be:
•
Any/all transfers or sales of assets of Debtor from November 12, 2011 until 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,
Dated: May 21, 2012
THIS ORDER IS APPROVED.
James M. Marlar, Chief Bankruptcy Judge
_________________________________
Case 4:12-bk-02402-JMM Doc 69 Filed 05/21/12 Entered 05/22/12 08:14:35 Desc
Main Document - Motion to Compel Page 1 of 2
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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.
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Any and all other matters relevant to Debtor’s finances, debts, assets, and bankruptcy.
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All documents/subjects listed below.
IT IS FURTHER ORDERED that the documents listed below shall be produced on or before 10:00 a.m., June 4, 2012, at Heurlin Sherlock Laird, 1636 North Swan Road, Suite 200, Tucson, Arizona 85712.
The documents to be produced are:
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All emails or other written communications between Mr. Brumfield and Robert Stewart from November 12, 2011 until the day of examination.
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All non-privileged written communications between Mr. Brumfield and any member of the Baxa and or Pemco companies.
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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.
SIGNED AND DATED ABOVE Case 4:12-bk-02402-JMM Doc 69 Filed 05/21/12 Entered 05/22/12 08:14:35 Desc
Main Document - Motion to Compel Page 2 of 2 HONOR THE JUDGE APPROVED THE REQUEST OF RYLES FOR PRODUCTION OF DOCUMENTS.
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