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Page I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA FORT LAUDERDALE DIVISION CASE NO. 09-34791-BKC-RBR IN RE: ROTHSTEIN ROSENFELDT ADLER, P.A., CERTIFIED Debtor. COPY EXCERPT FROM PROCEEDINGS DECLARATION RE: JOHN H. GENOVESE ON BEHALF OF GENOVESE JOBLOVE & BATTISTA, P.A. AS SPECIAL LITIGATION AND CONFLICTS COUNSEL TO THE TRUSTEE FILED BY THE TRUSTEE HERBERT STETTIN (1556) and MOTION TO CLARIFY (RE: [888] ORDER ON MOTION TO COMPEL, [1068] AMENDED ORDER) RE: APPOINTMENT OF SPECIAL MASTER REGARDING SUBPOENA OF EPSTEIN, RELATED DOCUMENTS FILED BY CREDITOR RAZORBACK FUNDING, LLC (1554) April 11, 2011 The above-styled cause came on for hearing before the HONORABLE RAYMOND B. RAY, one of the Judges of the United States Bankruptcy Court, in and for the Southern District of Florida, at 299 East Broward Boulevard, Fort Lauderdale, Broward County, Florida on Monday, April 11, 2011, commencing at or about 9:30 a.m., and the following proceedings were had: Reported by: Anna M. Meagher OUELLETTE & MAULDIN COURT REPORTERS, INC. (305) 358-8875 EFTA01071405 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 APPEARANCES: CONRAD SCHERER, ATTORNEYS AT LAW, by JAMES D. SILVER, ESQUIRE on behalf of Razorback Funding, LLC, et al. FARMER, JAFFE, WEISSING, EDWARDS, FISTOS & LEHRMAN, P.L., by SETH LEHRMAN, ESQUIRE on behalf of LM, Mr. Edwards, and Farmer Jaffee Weissing. OUELLETTE & MAULDIN COURT REPORTERS, INC. (305) 358-8875 EFTA01071406 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 * * * * * * * * * * * * * * * * * THE COURT: That takes us to 1554. Is that an agreed matter? MR. LEHRMAN: Good morning, your Honor. Seth Lehrman appearing for LM, Mr. Edwards, and Farmer Jaffe Weissing, saying it's an agreed matter at this point. THE COURT: Oh, surprise, surprise. MR. SILVER: After receiving 131 pages of documents on Friday, but that's what weekends are for. Jim Silver of Conrad & Scherer on behalf of Razorback funding and other victim creditors, and I will let Mr. Lehrman announce the agreement. MR. LEHRMAN: Thank you. Your Honor, we've reached an agreement with Mr. Silver's firm where the parties will stipulate to stay enforcement of their firm's Rule 2004 Exam duces tecum. We've agreed to produce documents requested by their firm, with the express agreement that any production or disclosure of documents pursuant to that agreement does not constitute a waiver of any privilege. As well, Mr. Silver's firm has a agreed to preserve the strict confidentiality of all documents, materials, and information produced pursuant to this OUELLETTE & MAULDIN COURT REPORTERS, INC. (305) 358-8875 EFTA01071407 1 2 3 4 5 6 7 8 9 10 31 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 4 agreement. Furthermore, we intend to lodge with the Court a proposed form of order which would approve all the material terms of the parties agreement. MR. SILVER: And, if I may, your Honor, a very important aspect of the agreement is that if we seek to use the documents, we can go to Mr. Edwards attorney, ask for consent. If that consent is declined, then your Honor is the exclusive court to determine issues regarding whether we're able to use these document, whether or not there's any applicable privilege, et cetera, so that's a very important part of the agreement for us. THE COURT: All right. Mr. Lehrman see to the order. MR. LEHRMAN: Thank you, your Honor. * * * * * * * * * * * * * * * * * * (Whereupon, the hearing was concluded.) OUELLETTE & MALILDIN COURT REPORTERS, INC. (305) 358-8875 EFTA01071408 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATE STATE OF FLORIDA: COUNTY OF BROWARD: I, Anna M. Meagher, Shorthand Reporter and Notary Public for the State of Florida at Large, do hereby certify that the foregoing proceedings were taken before me, in the cause, at the time and place, and in the presence of the Court and counsel as stated in the caption hereto on Page 1 hereof; that the foregoing computer-assisted transcription, consisting of pages numbered 1 through 5, inclusive, is a true and accurate record of my Stenographic notes taken at said proceedings. I further certify that I am not of counsel, I am not related to nor employed by any attorney in this case. Dated this 18th day of April 2011. My Commission Expires: Anna M. Meagher, Notary Public January 8, 2013 Commission #DD850418 State of Florida at Large OUELLhi t & MAULDIN COURT REPORTERS, INC. (305)358-8875 EFTA01071409