000001/01324331_1 

UNITED STATES DISTRICT 

COURT SOUTHERN DISTRICT

OF FLORIDA

Case No. 20-CIV-81205-RAR

SECURITIES AND EXCHANGE COMMISSION,

Plaintiff,

v.

COMPLETE BUSINESS SOLUTIONS GROUP,

INC. d/b/a PAR FUNDING, et al.,

Defendants.

/

DEFENDANT JOSEPH LAFORTE’S MOTION TO FILE MATERIALS UNDER 

SEAL IN SUPPORT OF HIS RESPONSE TO THE RECEIVER’S MOTION TO 

LIFT THE LITIGATION STAY TO ALLOW COMMENCEMENT OF 

PROCEEDINGS AGAINST D19 LIQUOR INC., 

FAWZI SIMON AND RELATED ENTITIES

Pursuant to Local Rule 5.4, Defendant, Joseph W. LaForte (“ LaForte or “Defendant”) 

respectfully seeks to file under seal documents that have been retrieved from the Converge Hub 

database to allow the Receiver time to review these documents to determine whether to 

designate them as confidential and because some exhibits contain private financial information 

as well as personal information.

1. Good cause exists because pursuant to the Stipulation on Converge Hub 

Production (DE 536-1), documents have been pulled from the Static Par Funding Account on 

Converge Hub through the defense team’s eDiscovery consultant Marc Hirshfield and have been 

properly bates stamped to identify them. 

2. However, Defendant is unsure whether the Receiver has requested and received 

an audit log reflecting the Converge Hub activity as he is entitled to do from time to time, and 

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thus, Defendant is not sure whether the Receiver has had the opportunity to review the documents 

Defendant wishes to attach to his response as exhibits. 

3. Furthermore, some exhibits contain private financial information as well as 

personal information such as bank account numbers and social security numbers. 

4. The exhibits are crucial to Defendant’s response, but without knowing whether 

the Receiver intends to designate these documents as confidential, Defendant does not want to 

risk violating the Protective Order entered by this Court. (DE 437). 

5. If they are filed publicly, then the Receiver will not have the opportunity to 

designate documents as confidential. If he wishes to do so, the documents the Receiver seeks to 

hold confidential would be revealed before he has the change to designate the documents. 

6. Therefore, Defendant respectfully requests that certain exhibits remain under seal 

to allow the Receiver to review them and make a confidentiality designation. If the Receiver 

determines that certain documents are not confidential, those exhibits will be refiled in the public 

docket. 

Wherefore, Defendant respectfully requests that he be permitted to file Converge Hub 

exhibits under seal to allow the Receiver to review and determine whether those exhibits should 

be designed as confidential. 

Dated: April 30, 2021

KOPELOWITZ OSTROW 

FERGUSON WEISELBERG GILBERT

One W. Las Olas Blvd., Suite 500 

Fort Lauderdale, Florida 33301

Attorneys for Joseph W. LaForte

By: /s/ David L. Ferguson

DAVID L. FERGUSON

Florida Bar Number: 0981737

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Ferguson@kolawyers.com 

JOSHUA R. LEVINE

Florida Bar Number: 91807

Levine@kolawyers.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on April 30, 2021, I electronically filed the forgoing document 

with the clerk of the Court using CM/ECF. I also certify that the foregoing document is being 

served this day on counsel of record via transmissions of Notices of Electronic Filing generated 

by CM/ECF.

By: /s/ David L. Ferguson

DAVID L. FERGUSON

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