Case 09-34791-RBR

Case 09-34791-RBR Doc 2440 Filed 12/06/11 Page 1 of 5 ORDERED in the Southern District of Florida on December 5, 2011. 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. AMENDED PROTOCOL ORDER REGARDING DEPOSITION OF SCOTT ROTHSTEIN This cause came before the Court for hearing on December 5, 2011 upon the Motion of the Trustee Herbert Stettin to Clarify and/or Modify Agreed Order Establishing Protocol for Scott Rothstein Examination and Deposition [D.E. 2273](the "Motion"). Upon consideration of the record, including this Court's prior order respecting the deposition of Scott Rothstein (the "Protocol Order")[D.E. 1751] and the Court understanding that excepting 16 of this Order, which the Court has resolved, the matters below are agreed upon by the Trustee, the Razorback plaintiffs, the RRA Creditors Committee, the Morse related parties, Gibraltar, TD Bank and numerous other parties in interest who will be attending the deposition of Scott Rothstein ("Rothstein") commencing on December 12, 2011, 1 EFTA00719177 Case 09-34791-RBR Doc 2440 Filed 12/06/11 Page 2 of 5 IT IS HEREBY ORDERED: The Trustee's Motion is granted and the Protocol Order is hereby amended as follows: 1. The Trustee shall conclude his Bankruptcy Rule 2004 examination of Rothstein in four hours, and which shall be transcribed in a separate transcript. Upon conclusion of this examination, the transcript shall close and it may be used for any purpose permissible under law, except as a deposition transcript in the litigation described in paragraph 2 below. 2. Immediately following completion of Rothstein's Rule 2004 examination, a new deposition shall commence with a separate transcript to include the Rothstein related litigation that all parties relevant to this order acknowledge are the various larger and more complex adversary proceedings and other federal and state pending lawsuits which, to varying degrees, have commonality of facts. This transcript shall include the style of each relevant case and it is the responsibility of each separate counsel to properly designate to the court reporter which case or cases are to be deemed included within this deposition. The Court understands the parties agree among them which lawsuits are contemplated to be included in this deposition, but they include various lawsuits brought by the Trustee, the Razorback plaintiffs, and the Morse Enterprises and related family interests against, generally, TD Bank, Gibraltar and the parties commonly referred to as the "New York Funds." 3. Unless otherwise agreed at the deposition, the sequential order of questioning shall be the Razorback plaintiffs, the Morse interests, the RRA Creditors' Committee lead counsel, and the Trustee (collectively "Plaintiffs"), followed by TD Bank, Gibraltar, the New York Funds, and then any individual person presently or in the past affiliated with any of such entities (collectively "Defendants"). The Plaintiffs shall complete their taking of testimony by 1:00 p.m., Friday, December 16, 2011, at the latest. Thereafter, the Defendants shall commence 2 EFTA00719178 Case 09-34791-RBR Doc 2440 Filed 12/06/11 Page 3 of 5 taking Rothstein's deposition which right shall terminate at 1:00 p.m. Thursday, December 22, 2011. 4. The Plaintiffs and Defendants shall agree among themselves as to how they will divide their above allotted time for questioning Rothstein in the blocks of time each side has been afforded by this Order. If the group of Plaintiffs or Defendants fail to reach such agreement prior to December 12, 2011, then each group of Plaintiffs and Defendants, as identified above, shall be entitled to a pro rata segment of hourly time to conduct their examination, on the presumption that there will be morning and afternoon sessions on each day lasting approximately 3 V2 hours each. Further, on the assumption that questions will be asked about each individual person who is a Defendant, their counsel shall have 30 minutes each, inclusive of the time allotted to the other Defendants, except for Frank Spinosa, who shall have an hour to ask his questions. If all examinations are concluded prior to 1:00 p.m., Thursday, December 22, 2011, then the Plaintiffs and Defendants shall equally split any remaining time for further examination of Rothstein. If any party finishes their questioning of Rothstein before their allotted time expires, then the next party in sequence shall commence questioning. Upon the conclusion of this deposition, the transcript will close and it may be used by any participating party, for any proper purpose, consistent with 113 of the Protocol Order. 5. Immediately following the conclusion of the foregoing deposition, new depositions, separately transcribed, shall commence and be conducted in accordance with the following schedule: (a) Thursday, December 22, 2011 though close of that day's business — The Trustee's lawsuit against Levinson Jewelers; (b) Friday, December 23, 2011 though 1:00 p.m. — R.L. Pearson & Associates. 3 EFTA00719179 Case 09-34791-RBR Doc 2440 Filed 12/06/11 Page 4 of 5 The parties shall split their total allotted time per deposition equally on the assumption that each deposition will last 4 hours. 6. Paragraph 11 of the Protocol Order is amended to the extent that all parties are required to exchange the exhibits that they reasonably expect to introduce at their respective depositions to all appropriate counsel by 5:00 p.m. on December 8, 2011, through e-mail pdfs. The exhibits to be used at the deposition described in is 2 through 4 above shall be numbered sequentially at the deposition, also noting the name of the party introducing the exhibit, so as to avoid duplication of exhibits. 7. Paragraph 8 of the Protocol Order is amended to require that by December 7, 2011, each Plaintiff who is participating in any of these depositions, shall file either a Notice of Deposition if their case is pending in this Court, or a Notice of Filing of a Notice of Deposition in this Court for any case pending in any other court. It shall be presumed that every Defendant is cross-noticing such deposition, and any such potential cross-notice filing is excused. 8. All other provisions of the Protocol Order as not amended herein shall remain in full force and effect. ### Submitted by: CHARLES LICHTMAN, ESQ. Berger Singerman 350 East Las Olas Blvd., Suite 1000 Fort Lauderdale Florida 33301 Telephone: E-Mail: 4 EFTA00719180 Case 09-34791-RBR Doc 2440 Filed 12/06/11 Page 5 of 5 Copies furnished to: Attorney Lichtman shall serve copies of this Order on all interested parties (to include all parties listed in EM/ECF for this case and for adversary cases under this case, and parties in Razorback Funding, LLC et aL v. Scott W. Rothstein, et aL, Case No. 09-062943 (19), currently pending in the Circuit Court for the 19ih Judicial Circuit in and for Broward County, Florida. 4068806-I 5 EFTA00719181