Van Dyke v. Balance Point Retirement Analytics LLC

INTRODUCTION

2 3 Plaintiffs James Van Dyke, in his individual capacity, and James Van Dyke and Connie 4 Jerome as Trustees for the Van Dyke Rice Dryer Profit Sharing Plan (Plaintiffs/Judgment Creditors) 5 have applied for an Order to take the examination of Judgment Debtor Balance Point Retirement 6 Analytics, LLC (Balance Point) through its Chief Operations Officer, Mary Claire Barnack on 7 January, 15 2021 at 9:30 am at via Zoom videoconference. 8 For the following reasons, this Court grants the Application. 9 II.

BACKGROUND FACTS

10 11 On November 5, 2019, a Stipulated Judgment (“Judgment”) was entered in favor of Plaintiffs 12 against Balance Point in the United States District Court for the Eastern District of California. 13 (Declaration of Matthew W. Powell (“Powell Dec.”), ¶ 2, Exhibit A). 14 Approximately one month prior thereto, a Stipulated Judgment was entered in favor of 15 Plaintiffs in the companion action against Robert Barnack, the Chief Executive Officer of Balance 16 Point Retirement Analytics, LLC. Plaintiffs brought an adversary proceeding against Mr. Barnack 17 in the United States Bankruptcy…