UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

In re:

Chance & Anthem, LLC,

 Debtor.

 /

Case No.: 18-16248-MAM

Chapter 7

Robert C. Furr,

 Plaintiff.

Adv. Proc. No. 19-1298-MAM

v.

Jeffrey M. Siskind, et al.

 Defendants. 

 /

Jeffrey M. Siskind,

 Counter-Plaintiff. 

v.

Genovese, Joblove & Battista, P.A., et al.

 Counter-Defendants. 

 /

Mindy A. Mora, Judge

United States Bankruptcy Court

_____________________________________________________________________________

ORDERED in the Southern District of Florida on June 12, 2020.

Case 19-01298-MAM Doc 377 Filed 06/12/20 Page 1 of 3
2

ORDER GRANTING IN PART AND DENYING IN PART MOTION TO 

SHORTEN TIME FOR CHAPTER 7 TRUSTEE TO RESPOND TO 

DISCOVERY AND FOR SANCTIONS [ECF NO. 374]

THIS MATTER came before the Court upon the Motion to Shorten Time for 

Chapter 7 Trustee to Respond to Discovery and for Sanctions [ECF No. 374] (the 

“Motion”) filed by Jeffrey Siskind (“Siskind”). In the Motion, Siskind argues that the 

Chapter 7 trustee (“Trustee”) possesses certain documents described in paragraph 2 

of the Motion (the “Documents”) that Trustee promised to voluntarily provide to 

Siskind and that Trustee has failed to do so. Siskind further objects to Trustee’s use 

of summaries that rely upon the Documents and indicates that Trustee’s immediate 

failure to produce the Documents will result in prejudice to Siskind. Because of this 

anticipated prejudice, Siskind seeks sanctions against the Trustee.

At the most recent hearing upon this matter on June 5, 2020, the Court 

advised all parties that, absent a settlement, this Adversary Proceeding will proceed

to trial as scheduled. The Court further clarified that there will be no further delays

and that requests for extensions of time would not be granted as parties have had 

adequate time to prepare. 

With that admonition in mind, the Court now further clarifies that all parties

and counsel to this Adversary Proceeding are expected to abide by all governing 

Federal Rules of Civil Procedure, Federal Bankruptcy Rules, and Local Rules in a 

professional and civil manner. Except as forth herein, the Court declines at this time 

to revisit any discovery timelines imposed by Bankruptcy Rules, Local Rules, or prior 

Case 19-01298-MAM Doc 377 Filed 06/12/20 Page 2 of 3
3

court order. The Court also declines to issue sanctions at this time based upon the 

facts presented in the Motion.

Therefore, the Court, being otherwise fully advised in the premises, ORDERS

AND ADJUDGES that:

1. The Motion is GRANTED IN PART and DENIED IN PART solely as set 

forth herein.

2. Trustee must produce the Documents on or before June 26, 2020. 

3. To the extent that the Motion seeks sanctions against the Trustee or 

Trustee’s counsel, the Motion is DENIED. 

4. All parties are DIRECTED to raise any further discovery disputes on an 

emergency basis solely by written motion filed with the Court. Any such 

motion MUST contain (a) a certification that the filing party has attempted 

in good faith to resolve the matter amicably prior to the filing of the motion

and has been unable to do so, and (b) a detailed description of the filing 

party’s efforts to amicably resolve the issue, including all applicable dates, 

times, and manner of correspondence. Failure to include this certification 

may result in (a) immediate denial of the emergency motion and (b) the 

Court sua sponte imposing immediate sanctions upon the filing party. 

###

Copy furnished to: 

Jeffrey M. Siskind, Esq.

Mr. Siskind is directed to serve this order upon all interested parties and file a conforming 

certificate of service.

Case 19-01298-MAM Doc 377 Filed 06/12/20 Page 3 of 3