EFTA01735151.pdf

Page I 1 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA 2 FORT LAUDERDALE DIVISION 3 CASE NO. 09-34791-BKC-RBR 4 IN RE: 5 ROTHSTEIN ROSENFELDT ADLER, P.A., CERTIFIED 6 Debtor. COPY 7 8 9 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: 13 [888] ORDER ON MOTION TO COMPEL, [1068] AMENDED ORDER) RE: APPOINTMENT OF SPECIAL MASTER REGARDING SUBPOENA 14 OF EPSTEIN, RELATED DOCUMENTS FILED BY CREDITOR RAZORBACK FUNDING, LLC (1554) 15 16 April 11, 2011 17 The above-styled cause came on for hearing 18 before the HONORABLE RAYMOND B. RAY, one of the Judges 19 of the United States Bankruptcy Court, in and for the 20 Southern District of Florida, at 299 East Broward 21 Boulevard, Fort Lauderdale, Broward County, Florida 22 on Monday, April 11, 2011, commencing at or about 23 9:30 a.m., and the following proceedings were had: 24 Reported by: Anna M. Meagher 25 OUELLETTE & MAULDIN COURT REPORTERS, MC. (305) 358-8875 EFTA_R1_00015903 EFTA01735151  Page 2 1 APPEARANCES: 2 CONRAD SCHERER, ATTORNEYS AT LAW , by 3 JAMES D. SILVER, ESQUIRE on behalf of Razorback Funding, LLC, et al. 4 5 FARMER, JAFFE, WEISSING, EDWARDS, FISTOS & LEHRMAN, P.L., by 6 SETH LEHRMAN, ESQUIRE on behalf of LM, Mr. Edwards, and 7 Farmer Jaffee Weissing. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 OUELLETTE & MAULDIN COURT REPORTERS, INC. (305) 358-8875 . . EFTA_R1_00015984 EFTA01735152  Page 3 1 * * * * * * * * * * * * * * * * 2 THE COURT: That takes us to 1554. Is that 3 an agreed matter? 4 MR. LEHRMAN: Good morning, your Honor. Seth 5 Lehrman appearing for LM, Mr. Edwa rds, and Farmer 6 Jaffe Weissing, saying it's an agreed matter at this 7 point. 8 THE COURT: Oh, surprise, surprise. 9 MR. SILVER: After receiving 131 pages of 10 documents on Friday, but that's what weekends are for . 11 Jim Silver of Conrad & Scherer on behalf of 12 Razorback funding and other victim cred itors, and I 13 will let Mr. Lehrman announce the agreement. 14 MR. LEHRMAN: Thank you. 15 Your Honor, we've reached an agreemen t with 16 Mr. Silver's firm where the partie s will stipulate to 17 stay enforcement of their firm's Rule 2004 Exam duces 18 tecum. We've agreed to produce documents requested by 19 their firm, with the express agreemen t that any 20 production or disclosure of documents pursuant to that 21 agreement does not constitute a waiv er of any 22 privilege. 23 As well, Mr. Silver's firm has a agre ed to 24 preserve the strict confidentiality of all documents, 25 materials, and information produced pursuant to this OUELLETTE & MAULDIN COURT REPORTERS, INC. (305) 358-8875 EFTA_R1_00015985 EFTA01735153  Page 4 1 agreement. Furthermore, we intend to lodge with the 2 Court a proposed form of order whi ch would approve all 3 the material terms of the parties agreement. 4 MR. SILVER: And, if I may, your Honor, a 5 very important aspect of the agreement is that if we 6 seek to use the documents, we can go to Mr. Edwards 7 attorney, ask for consent. If that consent is 8 declined, then your Honor is the exclus ive court to 9 determine issues regarding whether we're able to use 10 these document, whether or not there's any applic able 1.1 privilege, et cetera, so tha t's a very important part 12 of the agreement for us. 13 THE COURT: All right. Mr. Lehrman see to 14 the order. 15 MR. LEHRMAN: Thank you, your Honor. 16 * * * * * * * * * * * * * * * * * * 17 (Whereupon, the hearing was concluded.) 18 19 20 21 22 23 24 25 OUELLETTE & MAULDIN COURT REPORTERS, INC. (305)358-8875 EFTA_R1_00015986 EFTA01735154  Page 5 1 CERTIFICATE 2 3 STATE OF FLORIDA: COUNTY OF BROWARD: 4 5 I, Anna M. Meagher, Shor thand Reporter and 6 Notary Public for the St ate of Florida at Large, do 7 hereby certify that the foregoing proceedings wer e 8 taken before me, in the cause, at the time and pla ce, 9 and in the presence of the Court and counsel as stated 10 in the caption hereto on Page 1 hereof; that the 11 foregoing computer-assis ted transcription, consis ting 12 of pages numbered 1 thr ough 5, inclusive, is a true 13 and accurate record of my Stenographic notes tak en at 14 said proceedings. 15 I further certify that I am not of counsel, I 16 am not related to nor emp loyed by any attorney in this 17 case. 18 Dated this 18th day of Ap ril 2011. 19 20 21 My Commission Expires: Anna M. Meagher, Notary Public January 8, 2013 State of Florida at Large 22 Commission #DD850418 23 24 25 OUELLETTE & MAULDIN COURT REPORTERS, INC. (305) 3584875 EFTA_R1_00015987 EFTA01735155