EFTA00724361.pdf

Case 09-34791-RBR Doc 1068 Filed 10/15/10 Page 1 of 3 ORDERED in the Southern District of Florida on tober 15, 2010. Raymond B. Ray, Judge United States Bankruptcy Court UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA FORT LAUDERDALE DIVISION www.flsb.uscourts.uov IN RE: CASE NO.: 09-34791-RBR ROTHSTEIN ROSENFELDT ADLER, P.A., CHAPTER 11 Debtor. AMENDED ORDER RESPECTING PRODUCTION OF DOCUMENTS REGARDING JEFFREY EPSTEIN THIS CAUSE came before the Court for hearing on October 13, 2010 upon the Motion to Clarify Order Appointing Special Master (D.E. #1013) which pertains to this Court's Order Respecting Production of Documents Regarding Jeffrey Epstein (D.E. #888) ("Order 888"). The Court heard argument of all counsel present at the hearing, and being otherwise duly advised in the premises, DOES HEREBY ORDER: 1. Order 888 is amended solely as follows: EFTA00724361 Case 09-34791-RBR Doc 1068 Filed 10/15/10 Page 2 of 3 a. Within two business days following receipt of this order, Berger Singerman, as counsel for the Trustee, Herbert Stettin ("Trustee"), shall deliver to Gary Farmer at the Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L. law firm ("Farmer Jaffe), a copy of the CD produced pursuant to Order 888 to Judge Robert Carney as Special Master and which contains all electronically stored information ("ESI") and other documents in the Trustee's possession, respecting the subject matter of the subpoena previously served upon the Trustee related to L.M., Scott Rothstein, Brad Edwards and Jeffrey Epstein. b. Farmer Jaffe shall review all documents contained on the CD and prepare a detailed privilege log within thirty (30) days of receipt of the CD. Farmer Jaffe shall serve the privilege log on all parties in interest to these proceedings and file same with the Court. c. Contemporaneous with the service and filing of the privilege log, Farmer Jaffe shall provide to a reputable copy service an unredacted copy of the Trustee's CD of documents, and that copy service shall duplicate and bate stamp all documents on the CD, and return all materials to Farmer Jaffe, who shall forthwith notify Trustee's counsel and the Special Master of the bate stamp range of documents. Farmer Jaffe shall then extract from the hard copy duplicated documents solely those documents which it listed on the privilege log, and segregate those documents for submission to the Special Master and the Trustee's counsel. Fanner Jaffe shall furnish copies of the segregated documents to which it asserts a privilege both to the Special Master and the Trustee at Farmer Jaffe's cost. d. To the extent that documents on the CD are duplicated and not subject to an assertion of privilege, they shall be forthwith provided to counsel for Epstein, counsel to the Razorback creditors, as well as to any other party who requests such documents, all at their own respective cost. 2 EFTA00724362 Case 09-34791-RBR Doc 1068 Filed 10/15/10 Page 3 of 3 e. Following service and filing of the privilege log, the Special Master shall schedule a hearing to occur at the offices of Berger Singerman where all parties in interest will have the opportunity to provide written submissions respecting the privilege log and to make argument on all issues relevant to the applicability of privilege as to the documents listed on the Farmer Jaffe privilege log. That hearing shall be transcribed by a court reporter. f. Following completion of the aforementioned hearing, the Special Master shall prepare a report making all appropriate findings and recommendations to the Court, which shall be served on all parties in interest and filed with the Court, along with the transcript of the Special Master's hearing. g. Any party may file a written objection to the Special Master's report within ten days after service of same. If no party files an objection to the report, the Court shall approve the report and adopt same into a court order without further notice to the parties. If an objection to the report is filed by any party in interest, then this Court shall schedule and hold a hearing to resolve with finality the issues of privilege as consistent with the appropriate law and procedures set forth herein. ### Submitted by: Charles H. Lichtman, Esq. BERGER SINGERMAN, P.A., 350 East Las Olas Boulevard, Suite 1000 Fort Lauderdale, FL 33301 Telephone: (954) 525-9900 Facsimile: (954) 523-2872 clichtman@bergersingerman.com Copy furnished to: Charles H. Lichtman, Esq. (Charles H. Lichtman is directed to serve this Order to all parties of interest and to file a Certificate of Service.) 2996606.3 3 EFTA00724363