Case 09-34791-RBR Doc 1442 Filed 02/15/11 Page 1 of 15 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA FORT LAUDERDALE DIVISION IN RE: ROTHSTEIN ROSENFELDT ADLER, P.A. Debtor. CASE NO. 09-34791-BKC-RBR CHAPTER 11 MOTION FOR SANCTIONS The Movant, Jeffrey Epstein, ("Esptein") by and through his undersigned representative and pursuant to the Federal Rule of Civil Procedure 37, moves this Court to impose sanctions relating to a subpoena served on the bankruptcy trustee in the above matter. The grounds for his motion are as follows: I. FACTUAL BACKGROUND A. On April 16, 2010, ten months ago, Epstein's counsel issued a subpoena to be served on the trustee for Rosenstein Rosenfeldt & Adler, P.A. ("RRA") for records relating to his claims against Scott Rothstein, and Bradley J. Edwards. A copy of the subpoena is attached as Exhibit "1". B. No objection either in state or Bankruptcy Court, to the issuance of this subpoena or scope was ever made by counsel for Rothstein or Edwards, prior to this Court determining its jurisdiction on May 18, 2010. In fact, counsel for Edwards requested copies of the records on April 27, 2010, a week after it was issued. A copy of the Request by Edwards' counsel for records is attached as Exhibit "2". C. On May 18, 2010, this Court granted the trustee's motion seeking a protective order and establishing production protocol for all records subpoenaed by any party or requested from the trustee for RRA. (D.E. 672) A copy of that Order is attached as Exhibit "3". Among other things, this Order provided that it was: "To govern any demand subpoena or request for production of RA's electronically stored documents". In addition the "court retained jurisdiction with respect to all matters arising from or relating to the implementation or interpretation to this Order". EFTA01069308