25 UNITED STATES BANKRUPTCY COURT

EFTA01735151 Dataset 10 5 pages Download original PDF Download as text
Page I 1 2 3 4 5 6 7 8 9 13 14 15 16 17 18 19 20 21 22 23 24 25 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA FORT LAUDERDALE DIVISION CASE NO. 09-34791-BKC-RBR IN RE: ROTHSTEIN ROSENFELDT ADLER, P.A., CERTIFIED Debtor. COPY EXCERPT FROM PROCEEDINGS DECLARATION RE: JOHN H. GENOVESE ON BEHALF OF GENOVESE JOBLOVE & BATTISTA, P.A. AS SPECIAL LITIGATION AND CONFLICTS COUNSEL TO THE TRUSTEE FILED BY THE TRUSTEE HERBERT STETTIN (1556) and MOTION TO CLARIFY (RE: [888] ORDER ON MOTION TO COMPEL, [1068] AMENDED ORDER) RE: APPOINTMENT OF SPECIAL MASTER REGARDING SUBPOENA OF EPSTEIN, RELATED DOCUMENTS FILED BY CREDITOR RAZORBACK FUNDING, LLC (1554) April 11, 2011 The above -styled cause came on for hearing before the HONORABLE RAYMOND B. RAY, one of the Judges of the United States Bankruptcy Court, in and for the Southern District of Florida, at 299 East Broward Boulevard, Fort Lauderdale, Broward County, Florida on Monday, April 11, 2011, commencing at or about 9:30 a.m., and the following proceedings were had: Reported by: Anna M. Meagher OUELLETTE & MAULDIN COURT REPORTERS, MC. (305) 358-8875 EFTA_R1_00015903 EFTA01735151 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 APPEARANCES: CONRAD SCHERER, ATTORNEYS AT LAW, by JAMES D. SILVER, ESQUIRE on behalf of Razorback Funding, LLC, et al. FARMER, JAFFE, WEISSING, EDWARDS, FISTOS & LEHRMAN, P.L., by SETH LEHRMAN, ESQUIRE on behalf of LM, Mr. Edwards, and Farmer Jaffee Weissing. OUELLETTE & MAULDIN COURT REPORTERS, INC. (305) 358-8875 . . EFTA_R 1_00015984 EFTA01735152 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 * * * * * * * * * * * * * * * * THE COURT: That takes us to 1554. Is that an agreed matter? MR. LEHRMAN: Good morning, your Honor. Seth Lehrman appearing for LM, Mr. Edwards, and Farmer Jaffe Weissing, saying it's an agreed matter at this point. THE COURT: Oh, surprise, surprise. MR. SILVER: After receiving 131 pages of documents on Friday, but that's what weekends are for. Jim Silver of Conrad & Scherer on behalf of Razorback funding and other victim creditors, and I will let Mr. Lehrman announce the agreement. MR. LEHRMAN: Thank you. Your Honor, we've reached an agreement with Mr. Silver's firm where the parties will stipulate to stay enforcement of their firm's Rule 2004 Exam duces tecum. We've agreed to produce documents requested by their firm, with the express agreement that any production or disclosure of documents pursuant to that agreement does not constitute a waiver of any privilege. As well, Mr. Silver's firm has a agreed to preserve the strict confidentiality of all documents, materials, and information produced pursuant to this OUELLETTE & MAULDIN COURT REPORTERS, INC. (305) 358-8875 EFTA_R1_00015985 EFTA01735153 1 2 3 4 5 6 7 8 9 10 1.1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 4 agreement. Furthermore, we intend to lodge with the Court a proposed form of order which would approve all the material terms of the parties agreement. MR. SILVER: And, if I may, your Honor, a very important aspect of the agreement is that if we seek to use the documents, we can go to Mr. Edwards attorney, ask for consent. If that consent is declined, then your Honor is the exclusive court to determine issues regarding whether we're able to use these document, whether or not there's any applicable privilege, et cetera, so that's a very important part of the agreement for us. THE COURT: All right. Mr. Lehrman see to the order. MR. LEHRMAN: Thank you, your Honor. * * * * * * * * * * * * * * * * * * (Whereupon, the hearing was concluded.) OUELLETTE & MAULDIN COURT REPORTERS, INC. (305)358-8875 EFTA_R 1_00015986 EFTA01735154 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATE STATE OF FLORIDA: COUNTY OF BROWARD: I, Anna M. Meagher, Shorthand Reporter and Notary Public for the State of Florida at Large, do hereby certify that the foregoing proceedings were taken before me, in the cause, at the time and place, and in the presence of the Court and counsel as stated in the caption hereto on Page 1 hereof; that the foregoing computer -assisted transcription, consisting of pages numbered 1 through 5, inclusive, is a true and accurate record of my Stenographic notes taken at said proceedings. I further certify that I am not of counsel, I am not related to nor employed by any attorney in this case. Dated this 18th day of April 2011. My Commission Expires: Anna M. Meagher, Notary Public January 8, 2013 State of Florida at Large Commission #DD850418 OUELLETTE & MAULDIN COURT REPORTERS, INC. (305) 3584875 EFTA_R1_00015987 EFTA01735155

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[Image 1] The image shows a document that appears to be a court case or legal proceeding. It is a scanned copy of a document with visible text, including the title "UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA" and the case number "94-2054-CIV-OLA". There are also visible names, such as "JOHN DOE" and "JANE DOE", which are likely the names of the parties involved in the case. The document inclu [Image 2] The image shows a document that appears to be a court transcript or a legal agreement. It contains text with numbered paragraphs, indicating a formal legal document. The text includes names, dates, and references to legal terms and conditions. The document is signed by multiple parties, and there are references to specific clauses and sections within the agreement. The text is dense and appears to [Image 3] The image shows a document, which appears to be a court order or a legal document. It is a scan of a paper document with visible text and signatures. The document is titled "STATE OF FLORIDA" and includes a case number and a date. The text within the document refers to a specific case and mentions a defendant. There are signatures at the bottom of the document, which are likely from the court offi [Image 4] The image shows a document that appears to be a letter or a legal document. It contains text that is too small to read clearly, and there are no visible names, dates, places, or logos that can be discerned from this image. The document is not a photograph but rather a scan of a written text. The content of the document is not legible due to the resolution and size of the image. [Image 5] The image shows a document, which appears to be a court filing or legal document. The text is too small to read in detail, but it includes a title, a list of parties or individuals, and a date. The document is numbered and has a header with the name of the court or legal entity. The visible text includes the names of individuals, possibly plaintiffs or defendants, and a date that is not clearly le