ORDER GRANTING CHAPTER 7 TRUSTEE'S EX PARTE MOTION FOR EXAMINATION AND PRODUCTION OF DOCUMENTS UNDER FED. R. BANKR. P. 2004 AND LOCAL RULE 2004-1 (MEDICAL I. MOVIE, LLC)
William T. Thurman, Judge.
The matter before the Court is the Chapter 7 Trustee's Ex Parte Motion for Examination and Production of Documents Under Fed. R. Bankr. P. 2004 and Local Rule 2004-1 (Medical I Movie, LLC) (the "Motion"). The Court has considered the Motion and applicable law. Based thereon, and for good cause shown,
IT IS HEREBY ORDERED THAT:
1. The Motion is GRANTED;
2. Medical I Movie, LLC ("Medical I") shall produce for inspection and copying at the law offices of Dorsey & Whitney LLP, 136 South Main Street, Suite 1000, Salt Lake City, Utah 84101, on or before March 8, 2013, all documents identified on Exhibit A attached hereto;
3. Medical I shall designate and identify for the Trustee, by no later than March 8, 2013, a representative of Medical I who, in Medical I's good faith judgment, possesses the most knowledge concerning the documents listed on the attached Exhibit A, as well as Medical I's dealings with the Jeffrey Curtis Hays (the "Medical I Designee"); and
4. The Medical I Designee shall appear and submit for an examination to be taken under oath at the law offices of Dorsey & Whitney LLP, 136 South Main Street, Suite 1000, Salt Lake City, Utah 84101, on March 13, 2013, at 10:00 a.m. (Mountain Time), and to continue thereafter until completed.
EXHIBIT A
I. INSTRUCTIONS
1. General. You should produce all documents and other materials described below in your actual or constructive possession or custody, or subject to your control, as further described herein.
2. Privilege. If you claim attorney-client privilege, or any other privilege or protection from production, as to any of the requests below, you must provide a list of the subject documents, indicating the date prepared, author, recipient(s), subject, and the privilege or protection claimed, sufficiently identifying the documents to which you claim the privilege or protection attaches.
3. Rules of Construction. The terms "and" and "or" shall be construed either disjunctively or conjunctively as necessary to bring within the scope of this request all documents that might otherwise be construed to be outside the scope hereof. The use of the singular form of any word includes the plural and vice versa.
4. Definitions. The following terms have the meaning set forth below for purposes of this request.
a. "Debtor" means Jeffrey Curtis Hays
b. "Debtor's Affiliates" means any and all corporations, limited liability companies, partnerships or other companies or entities for which the Debtor controlled or was an officer, director, member, manager, equity holder, employee, consultant, producer, or contractor, including but not limited to Equity Online, LLC; Equity Online Marketing, Inc.; 4th Sector Living, Inc. d/b/a Deals that Matter; Medical I. Movie LLC; Michael and Me L.P.; 7th Floor Productions, LLC; Clear Creek Productions, LC; Jeff Hays Films; and Jeffrey Hays Productions.
c. "Document" or "Documents" includes all "writings and recordings" as defined by Rule 1001 of the Federal Rules of Evidence. If any tape, disk, card, wire, or other electronic or mechanical recording or transcript or any computer program is produced, You shall also produce such Documents as are necessary for the decoding, playing back, printing out, and/or interpretation thereof, and any other Documents which are necessary to convert such information into a useful and useable format. Documents also includes anything discoverable under Rule 2004 of the Federal Rules of Bankruptcy Procedure and is used in the broadest and most liberal sense permitted by the Bankruptcy Rules, including but not limited to all written, printed or recorded matter of any kind, whether printed, recorded or reproduced by any mechanical or electronic process, written or produced by hand or produced by or stored in a computer, regardless of origin or location, including, but not limited to, financial statements, books, records, reports, correspondence, letters, telegrams, telecopies, memoranda, summaries or records of telephone conversations, summaries or records of personal conversations or interviews, applications, booklets, brochures, catalogues, circulars, magazines, pamphlets, periodicals, bulletins, instructions, minutes, other communications (including, but not limited to, inter- and intra-office communications), purchase orders, bills of lading, bid tabulations, questionnaires, surveys, contracts, agreements, options to purchase, memoranda of agreements, assignments, licenses, books of account, orders, invoices, statements, bills, checks, vouchers, ledger sheets, accounts, journals, canceled checks, check stubs or receipts or checkbook registers, bank statements, bank passbooks, confirmations, statements of accounts, schematics, analyses, diaries, graphs, notes, notebooks, evaluations, charts, tables, working papers, plans, indices, summaries or records of meetings or conferences, summaries or reports of investigations or negotiations, opinions or reports of accountants or consultants, data sheets, data processing cards, photographs, photographic negatives, phono-recordings, tape recordings, discs, wire recordings, transcripts of recordings, drawings, motion picture film, advertisements, press releases, drafts, marginal comments appearing on any such Documents, and all other written, recorded or printed matter of any kind, including, but not limited to, any information contained in any computer although not yet in printed, or any other and all other data compilations from which information can be obtained and translated if necessary. This definition includes drafts of all "Documents" regardless of whether they were executed or not and all non-identical copies shall be considered a separate Document for purposes of the requests set forth herein.
d. "You" or "Your" means Medical I. Movie, LLC and any (i) parents or subsidiaries of You; or (ii) corporations, limited liability companies, partnerships or other companies or entities which control You or which You control.
II. DOCUMENTS TO BE PRODUCED
1. All Documents relating to or concerning all payments, pledges, assignments, or transfers of real or personal property that You have received from the Debtor or the Debtor's Affiliates from June 25, 2008 to present, which Documents may include, but are not limited to (a) loan agreements, promissory notes, equity distribution letters, capital contribution agreements, rental agreements, and/or any other Documents showing Your right to receive such payments, pledges, assignments, or transfers; and (b) bank statements, copies of checks, copies of wire transfers, vehicle certificates of title, bills of sale, deeds of trust, assignments and/or any other Documents showing the dates, descriptions, and amounts of such payments, pledges, assignments, or transfers.
2. Any and all Documents relating to or concerning any payments, pledges, assignments, or transfers of real or personal property that You gave the Debtor or the Debtor's Affiliates from June 25, 2008 to present, which Documents may include, but are not limited to (a) loan agreements, promissory notes, equity distribution letters, capital contribution agreements, rental agreements, and/or any other Documents showing Your obligation to pay, assign, pledge, or transfer; and (b) bank statements, copies of checks, copies of wire transfers, vehicle certificates of title, bills of sale, deeds of trust, assignments and/or any other Documents showing the dates, descriptions, and amounts of such payments, pledges, assignments, or transfers.
3. Any and all Documents relating to or concerning any agreement or contract between You and the Debtor and/or the Debtor's Affiliates.
4. Any and all Documents relating to or concerning any debt or other obligation that the Debtor and/or the Debtor's Affiliates owes to You.
5. Any and all Documents relating to or concerning any debt or other obligation that You owe to the Debtor and/or any of the Debtor's Affiliates.
6. Any and all Documents relating to or concerning any potential or claimed management, ownership or investment of the Debtor or the Debtor's Affiliates in You.
7. Any and all Documents relating to or concerning the movie "Doctored".
8. Any and all Documents relating to or concerning Your ownership and management structure, including but not limited to Articles of Organization/Incorporation; Bylaws/Operating Agreements; Stock/Membership ledgers or lists; Board/Member minutes or resolutions relating to the Debtor or the Debtor's Affiliates; and/or agreements relating to the purchase, pledge, assignment, or transfer of assets or ownership interests to the Debtor or the Debtor's Affiliates.