EFTA01113724.pdf

Case 09-34791-RBR Doc 1586 Filed 03/30/11 Page 1 of 3 ORDERED in the Southern District of Fl te in 4- ' aymond B. R nited States Bankruptcy rt UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA FORT LAUDERDALE DIVISION www.11sb.useotirts.gov CASE NO.: 09-34791 -RBR Chapter I I IN RE: ROTHSTEIN ROSENFELDT ADLER, P.A., Debtor. AMENDED STIPULATED PROTECTIVE ORDER BY AND BETWEEN TRUSTEE AND CREDITORS Herbert Stettin, the Chapter I I Trustee ("Trustee") of the Debtor, Rothstein Rosenfeldt Adler, P.A. ("RRA"), and Creditors, Razorback Funding, LLC, D3 Capital Club, LLC, BFMC Investment, LLC, Linda Von Allmen, as Trustee of the Von Allmen Dynasty Trust, D&L Partners, LP, David Von Allmen, as Trustee of the David Von Allmen Living Trust, Ann Von Allmen, as Trustee of the Ann Von Allmon Living Trust, Dean Kretschmar, Cooper Management, Anthony Degennaro, as Trustee of the Extra Inning Dynasty Trust, Adele Mussry, Jack Mussry, Nassim Mussry, Melina El-Ani, Danielle El-Ani, H&N Associates, Aretz & Associates, Park National Capital Funding, LLC, Park National Mortgage Servicing, Scott EFTA01113724  Case 09-34791-RBR Doc 1586 Filed 03/30/11 Page 2 of 3 Morgan, Viceroy Global Investments, Inc., Concorde Capital, Inc., Ira Sochet as Trustee of the ha Sochet Revocable Inter Vivos Trust, Investors Risk Advantage, LP, Sussco, Inc., Edward Paley, Florence Paley, The Edward and Florence Paley Foundation, Steven Paley, Laura Paley, Jane Zaretsky, Steven Zaretsky as Trustee of the Jane Zaretsky Dynasty Trust, Lawrence E. Dekelbaum, and Shalom Strictly Kosher Meats, Inc., (collectively the "Creditors"), by and through their undersigned counsel, and pursuant the previously entered Stipulated Protective Order by and Between Trustee and Creditors (D.E..# 697), hereby agree to and request Court approval of the following stipulation: It is expected that, to facilitate the sharing of RRA' s information, including electronically stored information ("ESI"), the Creditors' counsel will submit search criteria, including names of targeted custodians, search terms, date ranges. to/from, subject line contents, or other criteria to the Trustee to be applied against ESI in the possession of the Trustee. It is further anticipated that the Trustee's counsel and Creditors' counsel will agree upon certain search criteria prior to the resulting data being produced to the Creditors' counsel. Finally, both Parties seek the protection of the Court to ensure that they may share RRA information, including ESI, while preserving the privileges owed by RRA to its former clients. It is therefore ORDERED AND ADJUDGED: 1. Subsequent to the entry of D.E. #697, several new Creditors, which were not named in D.E. #697, are now represented by the law firm of Conrad & Scherer, LLP. Accordingly, D.E. #697 does not afford the protection to these recently added Creditors as Paragraph #5 of D.E. #697 states "This protective order is not intended to nor does it apply to any person or party not explicitly named herein." Moreover, a situation could arise where additional Creditors are represented by Conrad & Scherer in this matter or the concurrent state court litigation, Razorback Funding, LLC, a. al., v. Scott W. Rothstein, a. al., Case No.: 09- 2 EFTA01113725  Case 09-34791-RBR Doc 1586 Filed 03/30/11 Page 3 of 3 062943 (19), currently pending in the Circuit Court of the 17th Judicial Circuit in and for Broward County, Florida ("State Court Litigation"), and they similarly would not be protected by this order. 2. Accordingly, D.E. #697 is extended in full force and effect to protect all Creditors named herein and any Creditor or Plaintiff represented by Conrad & Scherer in this matter subsequent to the entry of this Order, including any additional persons or entities who are added as plaintiffs in the State Court litigation or any currently pending or hereafter filed litigation relating to this matter and who are or are hereinafter represented by Conrad & Scherer. All other provisions of D.E. #697, besides adding additional Creditors and other persons or entities who meet the criteria described above, remain unaffected by this Order. This Order shall retroactively apply to the date of D.E. #697. 3. The Court reserves jurisdiction to enforce this order and to resolve any disputes which may arise hereunder. Submitted by: Conrad & Scherer James D. Silver, Esq. 633 S. Federal Hwy, 8th Floor Ft. Lauderdale, FL 33301 Main Line: Facsimile: Copies lq: James D. Silver, Esq. (Attorney Silver shall serve this order on all interested parties and file a certificate of service within 3 days of this Order) 3 EFTA01113726