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					             Case 09-34791-RBR          Doc 1468      Filed 02/22/11        Page 1 of 15



                            UNITED STATES BANKRUPTCY COURT
                             SOUTHERN DISTRICT OF FLORIDA
                                FT. LAUDERDALE DIVISION
                                    www.flsb.uscourts.gov

IN RE:                                                Case No. 09-34791-BKC-RBR

ROTHSTEIN ROSENFELDT ADLER, P.A.                      Chapter 11 Proceeding

       Debtor.
________________________________________/

                RE-NOTICE OF RULE 2004 EXAMINATION DUCES TECUM
              OF CUSTODIAN OF RECORDS FOR BANYON INCOME FUND, LP
                                 (changes date only)

         The OFFICIAL COMMITTEE OF UNSECURED CREDITORS (the "Committee"), by and

through the its undersigned counsel, will examine the Records Custodian for Banyon Income

Fund, LP, under oath on March 4, 2011 at 3:00 p.m., at the offices of Conrad & Scherer, LLP,

633 South Federal Highway, Fort Lauderdale, FL 33301.           The examination may continue from

day to day until completed. If the examinee receives this notice less than 14 days prior to the

scheduled examination date, the examination will be rescheduled upon timely request to a mutually

agreeable time.

         The examination is pursuant to Bankruptcy Rule 2004 and Local Rule 2004-1, and will be

taken before an officer authorized to record the testimony. The scope of the examination shall be

described in Bankruptcy Rule 2004. Pursuant to Local Rule 2004-1 no order shall be necessary.

The Examinee is requested to bring to the examination all of the documents described on the

attached Exhibit A, subject to the Definitions and Instructions provided.

Dated: February 22, 2011.
              Case 09-34791-RBR              Doc 1468        Filed 02/22/11       Page 2 of 15




        I HEREBY CERTIFY that a true and correct copy of the foregoing Notice of Taking 2004

Examination Duces Tecum was served this 22nd day of February, 2011 by electronic mail through

the Court’s CM/ECF system to those parties who are registered users.

                                                    I HEREBY CERTIFY that I am admitted to the Bar
                                                    of the United States District Court for the Southern
                                                    District of Florida and I am in compliance with the
                                                    additional qualifications to practice in this court set
                                                    forth in Local Rule 2090-1(A).

                                                    Respectfully submitted,

                                                    JAMES D. SILVER1
                                                    c/o Conrad & Scherer, LLP
                                                    633 South Federal Highway
                                                    Fort Lauderdale, FL 33301
                                                    Phone: (954) 462-5500 / Fax: (954) 463-9244

                                                    By:     /s/ James D. Silver
                                                          Conrad & Scherer, LLP
                                                          Florida Bar No. 373702
                                                          jsilver@conradscherer.com




1
 Mr. Silver is filing this Notice on behalf of the Committee at the request of Committee Counsel Michael Goldberg,
Esq. due to a potential conflict. Mr. Silver participates on the Committee as counsel for one of its members.


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                                         SCHEDULE “A”

               (Please review the definitions and instructions before responding.)
                                          DEFINITIONS

          1.    “Bankruptcy Code” means title 11 of the United States Code, 11 U.S.C. §§ 101

et seq.

          2.    The term “Banyon” shall mean Banyon Income Fund, L.P. and any of its parents,

affiliates (as that term is defined in §101(2) of the Bankruptcy Code), predecessors, successors,

subsidiaries, officers,    directors, shareholders, members, employees, servants, agents,

representatives, attorneys, investigators and any person or entity acting or who has acted by or on

its behalf including, but not limited to, Banyon 1030-32, LLC, Banyon Funding, LLC, Banyon

Capital, LLC, Banyon Income Fund II, L.P., Banyon Investments, LLC, Banyon Resources,

LLC, and Banyon USVI (Del), LLC, or any of the foregoing.

          3.    The term “case” means the Debtor's Chapter 11 case.

          4.    The term “Centurion” shall mean Centurion Structured Growth LLC and any of

its parents, affiliates, subsidiaries, officers, directors, shareholders, members, employees,

servants, agents, representatives, attorneys, investigators and any person or entity acting or who

has acted by or on its behalf.

          5.    The term “communication” includes the transmittal of information (in the form

of facts, ideas, opinions, inquiries or otherwise).

          6.    The term “concerning” includes referring to, responding to, relating to, connected

with, supporting, memorializing, regarding, discussing, analyzing, evidencing, showing,

depicting, describing, reflecting, implying and constituting.




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          7.     The term “control” means in your possession, custody, or control or under your

direction, and includes in the possession, custody or control of those under the direction of you

or your parents, affiliates, subsidiaries, officers, directors, shareholders, members, employees,

servants, agents, representatives, attorneys, investigators and any person or entity acting or who

has acted by or on their behalf.

          8.     The term “Debtor” means Rothstein Rosenfeldt Adler, P.A., who is a debtor in

the Case, and any of its parents, affiliates, subsidiaries, predecessors, successors, officers,

directors, shareholders, members, employees, servants, agents, representatives, attorneys,

investigators and any person or entity acting or who has acted by or on its behalf including but

not limited to Rothstein, the Rothstein Entity or the Rothstein Entities as those terms are defined

herein.

          9.     The term “describe” means to: (i) provide a narrative statement concerning the

matter in question; (ii) identify all persons having knowledge thereof, stating the subject matter

of each and every such person’s knowledge and the manner in which his knowledge was

obtained; (iii) identify all documents and other communications concerning the matter in

question; and (iv) state what acts were performed or omitted by each and every person who in

any way participated in the matter in question.

          10.    The term "document" has the broadest meaning accorded to it by the Federal

Rules of Bankruptcy Procedure, and includes without limitation all written, typed, printed,

reproduced, filmed, stored, or recorded material of any kind, in the possession, custody, or

control of you or any of your past or present agents, employees, consultants, attorneys or other

persons acting on your behalf, including but not limited to any of the following: correspondence;

letters; memoranda; interoffice memoranda; writings; notes; notebooks; charts; electronic mail;




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studies; plans; analyses; work papers; statistical records; bills and other billing records; receipts;

books; press releases; reports; contracts and agreements; records, summaries, memorializations,

minutes, agendas or notes of meetings, conferences, telephone calls, or other conversations;

calendars and diaries; appointment books and message pads; photographs; tape recordings or

other audio or video records; handwritten notes or notations in any form; computer tapes, disks,

and other data compilations from which information can be obtained, translated, if necessary, by

First American through detection devices into reasonably usable form – including, without

limitation, electronic or computerized data compilations (including electronic mail), electronic

bookkeeping and accounting records (including QuickBooks files), and any printouts thereof;

attachments and enclosures; and drafts of any of the foregoing. For purposes of the foregoing,

the term “draft” means any earlier, preliminary, preparatory, or tentative version of all or part of

a document, whether or not such draft was superseded by a later draft and whether or not the

terms of the draft are the same as or different from the terms of the final document.

        11.    “All documents” means every document or group of documents as above defined

that are known to you or that can be located or discovered by reasonably diligent search.

        12.    The term “Filing Date” means November 10, 2009, the date the Chapter 11

Involuntary Petition was filed against Debtor with this Court.

        13.    When referring to documents and other communications, the term “identify” with

respect to a person will mean you will furnish information sufficient to enable the Debtors to

locate such person, and

               a.      if the person is a natural person, provide his or her name, present or last

known address, phone numbers and facsimile numbers, current and former relevant employer,




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similar identifying information for identified employers, and present and former relevant

positions held at the above respective places of employment;

               b.      if the person is not a natural person, state whether such entity is a

corporation, partnership or other organization, its name, present or last known address, phone

number, and similar identifying information.

        14.    The term “including” means including but not limited to.

        15.    The terms “Investment” or “Investments” shall mean investments made in any

of those certain purported confidential structured litigation settlements.

        16.    The terms “Investor” or “Investors” shall mean those persons or entities that

made an Investment or Investments, as defined above, whether directly, by and through Debtor,

by and through Banyon, or indirectly, through any other third party.

        17.    The terms “Lender” or “Lenders” shall mean those persons or entities that made

a loan or loans, whether directly or indirectly, to Banyon.

        18.    The terms “Loan” or “Loans” shall mean any loan or advance made for the

purpose of enabling Banyon, or as a source of funds for Banyon, directly or indirectly, to invest,

lend, or advance any monies in connection with any of those purported confidential structured

litigation settlements, and/or any loan or advance of money that was collateralized, secured, or

to be repaid from, in whole or in part, by any purported confidential structured litigation

settlement or any purported proceeds thereof.

        19.    The term “Level 3” shall mean Level 3 Capital Management LP and any of its

parents, affiliates, subsidiaries, officers, directors, shareholders, members, employees, servants,

agents, representatives, attorneys, investigators and any person or entity acting or who has acted

by or on its behalf.




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        20.      The term “person” means an individual, a corporation, a general partnership, a

limited partnership, a limited liability company, limited liability partnership, an association, a

trust or any other entity or organization, including a government or political subdivision or an

agency or instrumentality thereof, and the agents, servants, and employees of same.

        21.      The term “Platinum” shall mean Platinum Partners Value Arbitrage Fund LP and

any of its parents, affiliates, subsidiaries, officers, directors, shareholders, members, employees,

servants, agents, representatives, attorneys, investigators and any person or entity acting or who

has acted by or on its behalf.

        22.      The term “Rothstein” shall mean Scott Walter Rothstein and includes any and all

agents, employees, servants, attorneys and any other person or entity acting or purporting to act

on his behalf.

        23.      The terms “Rothstein Entity” or “Rothstein Entities” shall collectively mean

each and each and any of 29 Bahia, LLC; 235 GC, LLC; 350 LOP #2840; 353BR, LLC; 708

Spangler, LLC; 1012 Broward, LLC; 1198 Dixie, LLC; 1299 Federal, LLC; 2133 IP, LLC,

10630 # 110, LLC; 15158, LLC; AAMG, LLC; AAMG1, LLC; AAMM Holdings, LLC; ABT

Investments, LLC; Advanced Solutions, LLC; Bahia Property Management, LLC; Boat

Management, LLC; BOSM HOLDINGS, LLC; Bova Prime, LLC; Bova Restaurant Group,

LLC; The Bova Group, LLC; Bova Smoke, LLC; BOVCU, LLC; BOVRI, LLC; CI 07, LLC; CI

08, LLC; CI 16, LLC; CI 27, LLC; CSU, LLC; D & D Management & Investment, LLC; D & S

Management and Investment, LLC; DJB Financial Holdings, LLC; DYMMU, LLC; Fifth Court

Financial, LLC; Full Circle Ft. Lauderdale, LLC; GHW1, LLC; IDNLGEAH, LLC; IS

Management, LLC; Judah, LLC; NF Servicing, LLC; NRI 11, LLC; NRI 15, LLC; NS Holdings,

LLC; BFHI, LLC; PK Adventures, LLC; PK’S Wild Ride, Ltd.; Rothstein Family Foundation,




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              Case 09-34791-RBR         Doc 1468       Filed 02/22/11    Page 8 of 15



Inc.; RRA Consulting, Inc.; RRA Goal Line Management, LLC; RRA Sports & Entertainment,

LLC; RSA 11th St, LLC; RW Collections, LLC; S&KEA, LLC; SCORH, LLC; VGS, LLC; The

Walter Family, LLC; Walter Industries, LLC; WPBRS, LLC; Ren Group, LLC; CCCN, LLC;

TB22N, LLC; TLBN, LLC; UG, LLC; SPAC Investments, LLC; GBPT, LLC; RET Group,

LLC; REP Group, LLC; REC Group, LLC; REV Group, LLC; VGSI, LLC; QT, LLC; WAWW,

LLC; WAWW 2, LLC; WAWW 3, LLC; WAWW 4, LLC; WAWW 5, LLC; WAWW 6, LLC;

WAWW 7, LLC; WAWW 8, LLC; WAWW 9, LLC; WAWW 10, LLC; WAWW 11, LLC;

WAWW 12, LLC; WAWW 13, LLC; WAWW 14, LLC; WAWW 15, LLC; WAWW 16, LLC;

WAWW 17, LLC; WAWW 18, LLC; WAWW 19, LLC; WAWW 20, LLC; WAWW 21, LLC;

WAWW 22, LLC; MRISC, LLC; RES Group, LLC; JJ Finance Holdings, LLC; MLC 350, LLC;

and JB Boca M Holdings, LLC, and each and any of their affiliates, subsidiaries, joint-venture

partners, partners, sister companies and parent companies, whether known or unknown, and

includes any and all agents, employees, servants, officers, directors, attorneys and any other

person (as defined below) or entity acting or purporting to act on their behalf.

        24.    “Trustee” shall mean Herbert Stettin in his capacity as trustee of the Debtor,

together with any and all agents, employees, attorneys, accountants, representatives, or others

acting on behalf of Herbert Stettin in his capacity as trustee of the Debtor.

        25.     “You”, “your” or “yours” means the Examinee and any of its parents, affiliates,

subsidiaries, officers, directors, shareholders, members, partners, employees, servants, agents,

representatives, attorneys, investigators and any person or entity acting or who has acted by or on

its behalf, and any and all representatives thereof.




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             Case 09-34791-RBR           Doc 1468       Filed 02/22/11      Page 9 of 15



                                                  INSTRUCTIONS

        1.      Unless otherwise indicated, the applicable time period for these requests is

from January 1, 2005 through and including the date of your response (the "Request

Period").

        2.      These requests are continuing in nature, so as to require supplemental responses if

you obtain or discover further, contradictory or different documents subsequent to the date of

your production. Such supplemental responses, if any, shall be filed from time to time promptly

upon the discovery by you of such supplemental documents. Each request is to be responded to

separately and as completely as possible. The fact that an investigation is continuing and

discovery is not complete shall not be used as a reason for failure to respond to any such request

as fully as possible. The omission of any document or other item of information from the

response shall be deemed a representation that such document or item is not known to the

Debtor, its counsel, or other representatives or agents of the Debtor.

        3.      In producing the documents called for herein, segregate the documents so as to

identify the numbered requests to which such documents respond.

        4.      You are requested to produce not only those documents in your possession,

custody or control, but also those documents in the possession, custody or control of any of your

parents, affiliates, subsidiaries, officers, directors, shareholders, members, employees, servants,

agents, representatives, attorneys, investigators and any person or entity acting or who has acted

by or on your behalf.

        5.      For each document requested herein that is withheld from production on the

ground of privilege, furnish the following: (i) the type of document (i.e., letter, memorandum,

etc.) or some other means of identifying it; (ii) its subject matter; (iii) its date; (iv) its author(s),




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addressee(s) and recipient(s); (v) its present location; and (vi) the claim of privilege with respect

thereto.

           6.      For each document requested herein that was formerly in your possession,

custody or control and has been lost, destroyed or otherwise disposed of, furnish the following:

(i) the type of document (i.e., letter, memorandum, etc.) or some other means of identifying it;

(ii) its subject matter; (iii) its date; (iv) its author(s), addressee(s) and recipient(s); (v) the date on

which it was lost, destroyed or otherwise disposed of; (vi) the reason for any such destruction or

disposal; and (vii) the person(s) requesting and performing such destruction or disposal.

           7.      Each request for documents, and each subsection of each request for documents,

is to be fully and separately answered.

           8.      Documents are to be produced in their full and unexpurgated form, together with

all drafts and non-identical copies of each.

           9.      A request for a document shall include a request for all drafts thereof and all

revisions and modifications thereto.

           10.     If the production of any document(s) or any portion of a document responsive to a

request herein is refused under a claim of privilege or because such document(s) is part of an

attorney’s work product, the party should identify the document(s) with sufficient detail to

permit First American to request an in camera inspection or other similar review of same.

           11.     The singular includes the plural and the plural includes the singular.




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                                   DOCUMENT REQUESTS

       1.      All documents evidencing, referring or relating to any and all transfer(s), as that

term is defined in §101(54) of the Bankruptcy Code, by and between Banyon and the Debtor

including all bank documents such as bank statements, cancelled checks, wire transfer advices,

etc.

       2.      All documents evidencing, referring or relating to any and all transfer(s), as that

term is defined in §101(54) of the Bankruptcy Code, by and between Banyon and all other

persons and entities other than the Debtor including all bank documents such as bank statements,

cancelled checks, wire transfer advices, etc.

       3.      All bank records of Banyon including bank documents such as bank statements,

cancelled checks, wire transfer advices, etc.

       4.      All QuickBooks and other accounting records and accounting schedules of

Banyon for the Relevant Time.

       5.      All documents relating to Debtor.

       6.      All documents relating to the Investments.

       7.      All documents relating to the Investors.

       8.      All documents relating to the Loans.

       9.      All documents relating to the Lenders.

       10.     All documents relating to Platinum.

       11.     All documents relating to Centurion.

       12.     All documents relating to Level 3.

       13.     All documents evidencing, referring or relating to any and all debt(s), as that term

is defined in §101(12) of the Bankruptcy Code, existing by and between Banyon and the Debtor.




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              Case 09-34791-RBR       Doc 1468       Filed 02/22/11   Page 12 of 15



       14.      All documents relating to the subject matter and transactions underlying the claim

set forth in Proof of Claim No. 128-1, including the documents from which the claimed loss was

calculated.

       15.      All documents relating to the subject matter and transactions underlying the claim

set forth in Proof of Claim No. 129-1, including the documents from which the claimed loss was

calculated.

       16.      All documents relating to the subject matter and transactions underlying the claim

set forth in Proof of Claim No. 130-1, including the documents from which the claimed loss was

calculated.

       17.      All documents relating to the subject matter and transactions underlying the claim

set forth in Proof of Claim No. 131-1, including the documents from which the claimed loss was

calculated.

       18.      All documents relating to the subject matter and transactions underlying the claim

set forth in Proof of Claim No. 132-1, including the documents from which the claimed loss was

calculated.

       19.      All documents relating to the subject matter and transactions underlying the claim

set forth in Proof of Claim No. 133-1, including the documents from which the claimed loss was

calculated.

       20.      All documents evidencing, referring or relating to any payments or transfers that

Banyon made, directly or indirectly, to any Investor, including any payment or transfer of cash or

any other rights or property. Such documents shall include all bank documents such as bank

statements, cancelled checks, wire transfer advices, etc.




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        21.     All documents evidencing, referring or relating to any payments or transfers

Banyon received, directly or indirectly, from any Investor, including any payment or transfer of

cash or any other rights or property. Such documents shall include all bank documents such as

bank statements, cancelled checks, wire transfer advices, etc.

        22.     All documents evidencing, referring or relating to any payments or transfers that

Banyon made, directly or indirectly, to any Lender, including any payment or transfer of cash,

funds, or any other rights or property. Such documents shall include all bank documents such as

bank statements, cancelled checks, wire transfer advices, etc.

        23.     All documents evidencing, referring or relating to any payments or transfers that

Banyon received, directly or indirectly, from any Lender, including any payment or transfer of

cash, funds, or any other rights or property. Such documents shall include all bank documents

such as bank statements, cancelled checks, wire transfer advices, etc.

        24.     All documents evidencing any transfer of funds or property between and among

Banyon and Platinum, including all bank documents such as bank statements, cancelled checks,

wire transfer advices, etc.

        25.     All documents evidencing any transfer of funds or property between and among

Banyon and Centurion, including all bank documents such as bank statements, cancelled checks,

wire transfer advices, etc.

        26.     All documents evidencing any transfer of funds or property between and among

Banyon and Level 3, including all bank documents such as bank statements, cancelled checks,

wire transfer advices, etc.

        27.     All documents evidencing any transfer of funds or property from Banyon to any

third party for the benefit of Platinum, Centurion, and/or Level 3.




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        28.        All documents evidencing any transfer of funds or property by a third party on

behalf of Banyon to or for the benefit of Platinum, Centurion, and/or Level 3.

        29.        All communications between you and Rothstein.

        30.        All communications between you and Debtor.

        31.        All communications between you and any of the Rothstein Entities.

        32.        All communications between you and Platinum

        33.        All communications between you and Centurion.

        34.        All communications between you and Level 3.

        35.        All communications between you and Rothstein relating to the Investments and/or

the Loans.

        36.        All communications between you and Debtor relating to the Investments and/or

the Loans.

        37.        All communications between you and any of the Rothstein Entities relating to the

Investments and/or the Loans.

        38.        All communications between you and Platinum relating to the Investments and/or

the Loans.

        39.        All communications between you and Centurion relating to the Investments

and/or the Loans.

        40.        All communications between you and Level 3relating to the Investments and/or

the Loans.

        41.        All documents relating to the purported structured settlements or any business

related thereto.




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        42.     All documents relating to or evidencing the financial condition of Banyon during

the Relevant Time.

        43.     All documents evidencing any assets of Banyon.

        44.     All documents evidencing any liabilities of Banyon.

        45.     All documents produced and/or provided by, on behalf of, or at the request of

Banyon and/or George Levin or Frank Preve to the Trustee, whether formally or informally,

regardless of the means or mode through which such documents were produced or provided.

        46.     All documents produced and/or provided by, on behalf of, or at the request of

Banyon and/or George Levin, and/or Frank Preve to the Securities and Exchange Commission,

whether formally or informally, regardless of the means or mode through which such documents

were produced or provided.

        47.     All documents produced and/or provided by, on behalf of, or at the request of

Banyon and/or George Levin, and/or Frank Preve to any state or federal government authorities,

including regulatory, law enforcement, and criminal authorities, whether formally or informally,

regardless of the means or mode through which such documents were produced or provided.

        48.     All documents produced and/or provided by, on behalf of, or at the request of

Banyon and/or George Levin, and/or Frank Preve in response to any subpoena, request for

production, or request for information to any other person or entity as it relates in any way to the

Debtor, the purported structured settlements or any business, investments, transactions, transfers,

or activities of or relating to Banyon relating to the purported structured settlements.




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