EFTA01069623.pdf

Case 09-34791-RBR Doc 3038 Filed 05/08/12 Page 1 of 5 ORDERED in the Southern District of Florida on May 8, 2012. Raymond B. Ray, Judge United States Bankruptcy Court UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA FORT LAUDERDALE DIVISION In re: ROTHSTEIN ROSENFELDT ADLER, P.A. Case No. 09-34791-BKC-RBR Chapter 11 Debtor. SECOND ORDER RESPECTING PARTICIPATION IN AND PROTOCOLS FOR SCOTT ROTHSTEIN'S SECOND DEPOSITION THIS CAUSE came before the Court for a second status conference on April 26, 2012, to review and discuss protocols for the second deposition of Scott Rothstein ("Rothstein") scheduled to commence June 4, 2012 (the "Protocols"). Present at the hearing were the Trustee, Herbert Stettin ("Trustee") through his counsel, Charles Lichtman ("Lichtman") and numerous other parties in interest, including the attorneys representing the "Defense Committee" previously appointed by this court to work with Lichtman on issues related to the Protocols. Based upon the foregoing, and the Court being otherwise fully advised by all parties in interest appearing at the status conference, the Court EFTA01069623  Case 09-34791-RBR Doc 3038 Filed 05108/12 Page 2 of 5 DOES HEREBY ORDER: 1. All defendants or other third parties who previously have been advised or otherwise authorized by this Court or Judge James Cohn that they can and will participate in the second Rothstein deposition shall advise Lichtman and the defense committee in writing by May 14, 2012 of how much time each party believes they need for their examination of Rothstein, consistent with any representations such party made to this Court at previous hearings on this matter. 2. By 1:00 p.m. on May 14, 2012, as to each RRA related case, each defense party shall produce and deliver to Lichtman three sets of the exhibits in paper format (meaning not three copies of the same documents clipped together, but separate and distinct full sets), that a party reasonably intends to utilize at the deposition, being a set each for Trustee's counsel, the court reporter and Rothstein. If more than one defendant is involved in a particular deposition through separate counsel, it shall be the responsibility of a party to assure service of additional sets of deposition exhibits is timely made on all other parties directly. All exhibits shall be bate stamped in accordance with the Schedule of Bate Stamp Designations attached to this order. Each set of exhibits shall be produced in a separate brown expandable folder(s) in bate stamp numeric order, with a printed label on the front of each folder which, in large font, states the (i) name of the case, (ii) the case number and (iii) the name of the party whose documents are submitted. 3. All parties participating in the deposition that are involved in litigation outside of the RRA estate shall abide by all provisions of this order, except that they shall be required to provide Lichtman with only two sets of exhibits by 1:00 p.m. on May 14, 2012, one set for the court reporter and the other for Rothstein, which Lichtman shall provide to the United States. These parties shall be responsible for serving their sets of exhibits on all of their respective opposing counsel. 2 EFTA01069624  Case 09-34791-RBR Doc 3038 Filed 05/08/12 Page 3 of 5 4. In the event that Lichtman learns from the United States that exhibits for Rothstein's use shall be produced for Rothstein in electronic format on CD or DVD, Lichtman shall forthwith prepare and file in this case an appropriate notice stating all information he learns about this and related issues. Each party is responsible for knowing all information and instructions, if appropriate stated on such filing without further obligation of the Trustee or his counsel. 5. Lichtman shall be responsible for providing all parties' sets of exhibits to the court reporter and the United States, respectively. Given the responsibilities of Trustee's counsel to organize and promptly transfer all exhibits to the court reporter and United States, the Trustee shall have until May 15, 2012 to serve all opposing counsel with the Trustee's exhibits for each of his depositions, which may be served by overnight carrier. 6. If a party has impeachment documents intended to be used at the deposition, they shall be marked as the last bate stamped documents in their sequence. Any impeachment documents shall be served upon Rothstein's attorney, Marc Nurik, Esq. in a sealed envelope by May 14, 2012. 7. This matter shall be continued for further hearing on May 23, 2012 at 1:30 p.m. at 299 E. Broward Blvd., Courtroom 308, Ft. Lauderdale, FL 33301. ### Submitted by: Charles H. Lichtman, Esq. BERGER SINGERMAN LLP 350 East Las Olas Boulevard Suite 1000 Fort Lauderdale, FL 33301 Telephone: (954) 712-5138 Facsimile: (954) 523-2872 Copy to: Charles H. Lichtman, Esq. (Attorney Lichtman shall serve a copy of this Order upon all interested parties upon receipt andfile a certificate of service.) 3 EFTA01069625  Case 09-34791-RBR Doc 3038 Filed 05/08/12 Page 4 of 5 ROTHSTEIN DEPOSITION CASE BATE STAMP SCHEDULE Defendants to bate stamp their documents with the letters in parenthesis stated below. The Trustee's documents to be bate stamped with the same letters, preceded by a "T - ". I. Albert Peter — 10-03650 (AP) 2. Richard Pearson — 10-03710 (RP) 3. Domenic Tonacchio/Barry Lipsitz - 10-03776 (FL) 4. SPD Group (J.R. Dunn) — 11-02363 (D.E. #2745) (SPD) 5. Regent Capital Partners, LLC — 11-02473 (D.E.#28 1 1) (RCP) 6. Michael Ashton, Inc. - 11-2501 (MA) 7. Watch-U-Want, Inc. - 11-02576 (WUW) 8. Maple Leaf Drilling Partners - 11-02604 (MLDP) 9. Recovery Racing, LLC - 11-02688 (RR) 10. Thunder Cycle Designs, Inc. — 11-02689 (TCD) II. Euro Motorcars, Inc. — 11- 02690 (EM) 12. Ultimate Cigars, Inc. — 11-02692 (UC) 13. David Boden — 11-02734 ** (DB) 14. Sabrina Kurzman — 11-02749 (SK) 15. Michael Kent — 11-02766 (D.E. #2864)(MK) 16. Mooring Capital Fund, LLC - 11-02775 (MCF) 17. Casa Casuarina, LLC — 11-02779 (CC) 18. Brauser — 11-02780 (BR) 19. VRLPI, LLC- 11-02781 (VRLP) 20. Gibralt Capital, Inc. — 11-02881 (GC) 21. Ballamor Capital Management, Inc. — 11-02929 (BCM) 22. Birks & Mayors, Inc. (Mayors) - 11-02934 (B&M) 23. Intracoastal Asset Group, LLC — 11-03013 (IAG) 24. Africat Marine USA, Inc. — 11-03024 (AM) 25. V. Georgio Spirits 11-03033 (VGS) 26. Ron Picou (PIC) 27. Levy Family (LV) 28. Renato Watches (RW) 29. OPMONIES 2, LLC and Platinum Estates, Inc. — 10-3558 (OP) 30. GGTW Investments USA LLC — 11-2772 (GGTW) 31. FDS Investments USA LLC - 11-2770 (FDS) 32. BWS Investments USA LLC - 11-2771 (BWS) 33. New Miami Group, LLC — 10-3556 (NMG) 34. Caro Group, LLC — 10-3552 (CG) 35. Network Resources LLC - 10-3602 (NR) 36. Exito, LLC - 10-3553 (EX) 37. Marmarser, LLC 10-3554 (MM) 38. Pirulin, LLC — 10-3557 (PIR) 39. Concorde Capital, Inc. — 11-2769 (COCA) 40. Viceroy Global Investments, Inc. — 11-2773 (VGI) 1 EFTA01069626  Case 09-34791-RBR Doc 3038 Filed 05/08/12 Page 5 of 5 41. Harvey Wolinetz — 11-2902 (11W) 42. Scott Morgan — 11-2898 (SM) 43. Nassim & Jacob Mussry — 11-2903 (NJM) 44. H&N Associates — 11-2473 (H&N) 45. Brian Levy — 11-2760 (BL) 46. Preve & Associates LLC & Frank J. Preve — 11-3014 (FJP) 47. SFS Capital Funding, LLC — 11-2473 (SFS) 48. Emess Capital, LLC. (D.E.#2821) - 11-2768 (EMS) 4178857-3 EFTA01069627