EFTA01071405.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 10 11 DECLARATION RE: JOHN H. GENOVESE ON BEHALF OF GENOVESE JOBLOVE & BATTISTA, P.A. AS SPECIAL LITIGATION AND 12 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, INC. (305) 358-8875 EFTA01071405  Page 2 1 APPEARANCES: 2 CONRAD SCHERER, ATTORNEYS AT LAW, by 3 JAMES D. SILVER, ESQUIRE on behalf of Razorback Fu nding, LLC, et al. 4 5 FARMER, JAFFE, WEISSING, EDWARDS, FISTOS & LEHRMAN, P.L., by 6 SETH LEHRMAN, ESQUIRE on behalf of LM, Mr. Edward s, 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 REP ORTERS, INC. (305) 358-8875 EFTA01071406  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. Edwards, 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 th at's what wee kends are for. 11 Jim Silver of Conrad & Sche rer on behalf of 12 Razorback funding and othe r victim creditors, and I 13 will let Mr. Lehrman announ ce the agreement. 14 MR. LEHRMAN: Thank you. 15 Your Honor, we've reached an agreement with 16 Mr. Silver's firm where the parties will stipulate to 17 stay enforcement of their firm's Rule 2004 Exam duce s 18 tecum. We've agreed to produce doc uments requested by 19 their firm, with the expr ess agreement that any 20 production or disclosure of documents pursuant to that 21 agreement does not consti tute a waiver of any 22 privilege. 23 As well, Mr. Silver's fi rm has a agreed to 24 preserve the strict confid entiality of all documents , 25 materials, and information produced pursuant to this OUELLETTE & MAULDIN COURT REPORT ERS, INC. (305) 358-8875 EFTA01071407  Page 4 1 agreement. Furthermore, we intend to lodge with the 2 Court a proposed form of or der which would approve all 3 the material terms of the pa rties agreement. 4 MR. SILVER: And, if I may, your Honor, a 5 very important aspect of th e 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 exclusive co urt to 9 determine issues regarding whe ther we're able to use 10 these document, whether or not there's any applicable 31 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 wa s concluded.) 18 19 20 21 22 23 24 25 OUELLETTE & MALILDIN COURT REPORT ERS,INC. (305)358-8875 EFTA01071408  Page 5 1 CERTIFICATE 2 3 STATE OF FLORIDA: COUNTY OF BROWARD: 4 5 I, Anna M. Meagher, Shorth and Reporter and 6 Notary Public for the Stat e of Florida at Large, do 7 hereby certify that the foregoing proceedings wer e 8 taken before me, in the cau se, at the time and place, 9 and in the presence of th e Court and counsel as st ated 10 in the caption hereto on Page 1 hereof; that the 11 foregoing computer-assist ed transcription, consis ting 12 of pages numbered 1 throug h 5, inclusive, is a tru e 13 and accurate record of my Stenographic notes taken 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 OUELLhi t & MAULDIN COURT REP ORTERS, INC. (305)358-8875 EFTA01071409