Case 9:08-cv-80119-KAM Document 409

Case 9:08-cv-80119-KAM Document 409 Entered on FLSD Docket 11/16/2009 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA WEST PALM BEACH DIVISION www.flsd.uscourts.gov JANE DOE #2, CASE NO.: 08-CV-80119-MARRA/JOHNSON Plaintiff, v. JEFFERY EPSTEIN, Defendant. ROTHSTEIN ROSENFELDT ADLER, P.A.'S RESPONSE TO DEFENDANT'S EMERGENCY MOTION FOR ORDER FOR THE PRESERVATION OF EVIDENCE [D.E. 405) The Honorable Herbert Stettin ("Stettin"), the State Court appointed' receiver ("Receiver") and Chief Restructuring Officer ("CRO") of Rothstein Rosenfeldt Adler, P.A.'s ("RRA"), hereby responds to the Defendant's Emergency Motion For Order For The Preservation of Evidence [D.E.405], and states: 1. Certain lawyers previously employed by RRA represent the Plaintiff in this matter. As has been well documented in the media, towards the end of October of this year, RRA was rocked by allegations of financial scandal. As a result of these allegations, on November 2, _ 2009.,au.art_A...Rosenteldt.CRosenfeldfl),on behalf_othimseltand RRA,_filed.alawsuit against his partner Scott W. Rothstein ("Rothstein"), alleging multiple wrongful acts on the part of Rothstein, RRA's former Chief Executive Officer (the "Receivership Action") in the Circuit Court of Broward County. I On November 4, 2009, Judgc Streitfeld appointed Stettin as the Receiver of RRA. Broward County Case No. 09- 059301. 2439830-2 EFTA00600740 Case 9:08-cv-80119-KAM Document 409 Entered on FLSD Docket 11/16/2009 Page 2 of 5 2. On November 4, 2009, The Honorable Jeffrey Streitfeld, presiding over the Receivership Action: (a) removed Rothstein as the Chief Executive Officer, and (b) appointed Stettin as the Receiver for RRA. Promptly thereafter, Stettin assumed stewardship of RRA and since then, has handled a very broad set of problems, virtually of which have been on an emergency basis, including this matter. 3. On November 11, 2009, Rosenfeldt, as the sole officer and director of RRA, executed a resolution appointing Stettin as the CRO of RRA and delegated to Stettin all operational and managerial control over RRA. This effectively removed Rosenfeldt from all managerial roles at RRA and Stettin, as CRO, is now the only executive of RRA. 4. As it pertains to this matter, since his appointment in accordance with his duties as Receiver and as CRO, Stettin has moved quickly and carefully to secure all assets and records of RRA. In the midst of doing so however, the Department of Justice executed search warrants on the offices of RRA, removing, among things, in excess of forty (40) boxes of documents. It is believed the Department of Justice also sequestered about thirteen (13) boxes of documents related to this case. This action occurred before Stettin could complete his inventory and accounting of the vastly disorganized office and record keeping systems of RRA. 5. Stettin assures both the Defendant as well as this Court that he understands fully the gravity of documenkaad eyidenee preservation. It is his_charge._Stettin.has_andintends_to_________ continue to fully comply with his fiduciary duties both as Receiver and now as CRO of an alleged bankruptcy debtor. In fact, security at the firm's computer system and its documents is one of his foremost present concerns and tasks. 6. The Bankruptcy Code (11 U.S.C. §101 et seq.), requires that a debtor in possession behave and function with the same types of responsibilities as a trustee. 11 U.S.C. 2439830-2 2 EFTA00600741 Case 9:08-cv-80119-KAM Document 409 Entered on FLSD Docket 11/16/2009 Page 3 of 5 §1107. RRA is currently an alleged debtor in possession and Stettin is executing on the fiduciary duties that are imposed upon him as the executive of RRA. In light of the foregoing, Stettin has no objection to the entry of an order that is consistent with his fiduciary obligations. Notwithstanding, to the extent the Defendant wishes for Stettin to produce documents or sit for a deposition on November 19, 2009, Stettin respectfully requests that this Court extend that date for at least 45 days, so that he may attend to the continuing critical, pressing needs of stabilizing RRA and resolving the outstanding issues that occur when a law firm of 150 employees suddenly implodes overnight. WHEREFORE, Herbert Stettin respectfully requests that: (1) any order entered conform with his statutorily imposed duties; (2) any deposition of Stettin be postponed for at least 45 days; and (3) granting such other relief as the Court deems just and proper. Dated: November 16, 2009 Respectfully submitted, BERGER SINGERMAN, P.A. Proposed Attorneys for Alleged Debtor 350 East Broward Boulevard, 10th Floor Telephone: (954) 525-9900 Facsimile: (954) 523-2872 By: s/ Charles H. Liciaman Charles H. Lichtman [email protected] Direct Dial: (954) 712-5138 Florida Rat No. 501Q50 Isaac Marcushamer [email protected] Florida Bar No. 0060373 2439830-2 3 EFTA00600742 Case 9:08-cv-80119-KAM Document 409 Entered on FLSD Docket 11/16/2009 Page 4 of 5 Certificate of Service Jane Doe No. 2 v. Jeffrey Epstein Case No. 08-CV-80119-1VIARRAJJOHNSON Stuart S. Mermelstein, Esq. Adam D. Horowitz, Esq. Mermelstein & Horowitz, P.A. 18205 Biscayne Boulevard Suite 2218 Miami, FL 33160 305-931-2200 Fax: 305-931-0877 [email protected] ahorowitzgisexabuseattornev.com Counsel for Plaintiffs In related Cases Nos. 08-80069, 08- 80119, 08-80232, 08-80380, 08-80381, 08-80993, 08-80994 Richard Horace Willits, Esq. Richard H. Willits, P.A. 2290 10th Avenue North Suite 404 Lake Worth, FL 33461 561-582-7600 Fax: 561-588-8819 Counsel for Plaintiff in Related Case No. 08-80811 reelrhwahotmail.com Jack Scarola, Esq. Jack P. Hill, Esq. Seamy Denney Scarola Barnhart & Shipley, P.A. 2139 Palm Beach Lakes Boulevard West Palm Beach, FL 33409 561-686-6300 Fax: 561-383-9424 jsxasearcvlaw.com iph searcvlaw.com Counsel for Plaintiff, C.M.A. Brad Edwards, Esq. Rothstein Rosenfeldt Adler 401 East Las Olas Boulevard Suite 1650 Fort Lauderdale, FL 33301 Phone: 954-522-3456 Fax: 954-527-8663 bedwardsArra-law.com Counsel for Plaintiff in Related Case No. 08-80893 Paul G. Cassell, Esq. Pro Hac Vice 332 South 1400 E, Room 101 Salt Lake City, UT 84112 801-585-5202 801-585-6833 Fax casselloelaw.utah.edu Co-counsel for Plaintiff Jane Doe Isidro M. Garcia, Esq. Garcia Law Firm, P.A. 224 Datura Street, Suite 900 West Palm Beach, FL 33401 561-832-7732 561-832-7137 F isidrooarciaAbellsouth.net Counsel for Plaintiff in Related Case No. 08-80469 Robert C. Josefsberg, Esq. Katherine W. Ezell, Esq. Podhurst Orseck, P.A. 25 West Flagler Street, Suite 800 Miami, FL 33130 305 358-2800 Fax: 305 358-2382 riosefsbercapodhurst.com EFTA00600743 Case 9:08-cv-80119-KAM Document 409 Entered on FLSD Docket 11/16/2009 Page 5 of 5 Bruce Reinhart, Esq. Bruce E. Reinhart, P.A. 250 S. Australian Avenue Suite 1400 West Palm Beach, FL 33401 561-202-6360 Fax: 561-828-0983 [email protected] Counsel for Defendant Sarah Kellen Theodore J. Leopold, Esq. Spencer T. Kuvin, Esq. Leopold, Kuvin, P.A. 2925 PGA Blvd., Suite 200 Palm Beach Gardens, FL 33410 561-684-6500 Fax: 561-515-2610 [email protected] Counsel for Plaintiff in Related Case No. 08-08804 kezellepodhurst.com Counsel for Plaintiffs in Related Cases Not 09-80591 and 09-80656 Jack Alan Goldberger, Esq. Atterbury Goldberger & Weiss, P.A. 250 Australian Avenue South Suite 1400 West Palm Beach, FL 33401-5012 561-659-8300 Fax: 561-835-8691 jactesq bellsouth.net Counsel for Defendant Jeffrey Epstein Robert D. Ciiton, Jr., Esq. Michael J. Bike, Esq. Burman Critton, Luttier & Coleman 303 BaNYAN Boulevard, Suite 400 West Palm Beach, Florida 33401 Tel.: 561-842-2820 Fax.: 561-253-0164 Counsel for Defendant Jeffrey Epstein EFTA00600744