UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

www.flsb.uscourts.gov

In re: Case No. 18-16248-BKC-MAM

Chapter 7

CHANCE & ANTHEM, LLC,

Debtor.

____________________________________/

ROBERT C. FURR not individually but ADV. NO. 19-01298-MAM

as Chapter 7 Trustee of the estate of the

Debtor, Chance & Anthem, LLC,

Plaintiff, 

v.

JEFFREY M. SISKIND, individually and 

d/b/a SISKIND LEGAL SERVICES, 

et al. 

Defendants.

____________________________________/

ORDER GRANTING IN PART AND DENYING IN PART

ADVERSARY DEFENDANT JEFFREY SISKIND’S (I) EMERGENCY 

MOTION TO COMPEL AND FOR SANCTIONS [ECF NO. 405]; (II) MOTION FOR 

LEAVE OF COURT TO AMEND JEFFREY M. SISKINDS DISCLOSURES 

PURSUANT TO FED. R. CIV. P. 26(A)(2) [ECF NO. 388]; AND (III) MOTION TO 

Mindy A. Mora, Judge

United States Bankruptcy Court

_____________________________________________________________________________

ORDERED in the Southern District of Florida on July 28, 2020.

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DELAY PUBLICATION OF DEFENDANTS EXPERT REPORTS FOR CAUSE 

PENDING THE COURTS RULINGS ON PLAINTIFFS MOTION [sic][ECF NO. 408] 

THIS MATTER came before the Court on July 14, 2020 at 10:00 a.m. upon the Pre-trial 

Conference in the above-referenced adversary proceeding and Adversary Defendant Jeffrey 

Siskind’s (I) Motion to Compel Discovery and for Sanctions [ECF No. 405] (“Motion to 

Compel”); (II) Motion For Leave of Court to Amend Jeffrey M. Siskind’s Disclosures Pursuant 

to Fed. R. Civ. P. 26(A)(2) [ECF No. 388] (the “Motion to Amend”); (III) Motion To Delay 

Publication of Defendants Expert Reports for Cause Pending the Courts Rulings on Plaintiffs 

Motion [sic] [ECF NO. 408] (the “Motion to Delay, and collectively, the “Pending Motions”); 

and the Plaintiff Chapter 7 Trustee Robert C. Furr’s Response in Opposition to the Pending 

Motions [ECF Nos. 411, 423]. The Court having reviewed the Pending Motions, the Response 

and having considered the record before the Court in this adversary proceeding, and being 

otherwise duly advised in the premises, it is,

ORDERED, as follows:

1. The Motion to Amend is GRANTED only to the extent set forth herein. 

2. Adversary Defendant Jeffrey Siskind may have leave to disclose the experts set 

forth in the Motion to Amend (the “Proposed Experts”).

3. The Motion to Compel and the Motion to Delay are granted, in part, and denied, 

in part, to the extent set forth herein:

a. On or before August 11, 2020, the Adversary Defendants may conduct a 

further deposition (the “Continued Deposition”) of Alan R. Barbee, CPA/ABV on matters raised 

by Mr. Barbee’s original Expert Report and Supplemental Report dated June 25, 2020 (the 

“Supplemental Report”). 

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b. On or before the Continued Deposition, the Adversary Defendants and the 

Trustee may schedule an informal conference between Mr. Barbee and the Proposed Expert(s) in 

order to facilitate an information exchange between the parties prior to the Continued Deposition

(the “Expert Conference”). Counsel for the parties and Adversary Defendant Jeffrey Siskind 

may not depose the experts at the Expert Conference, should one be scheduled, but the Trustee 

may arrange for the Expert Conference to be recorded and transcribed by a court reporter at the 

Trustee’s expense. 

c. On or before September 1, 2020, the Adversary Defendants must serve an 

expert report pursuant to Fed R. Bankr. P. 7026(A)(2)(B) for any Proposed Expert(s) they intend 

to call at trial.

d. On or before September 9, 2020, any Proposed Expert(s) that has/have

served expert report(s) pursuant to paragraph 3(c) of this Order shall be made available to the 

Trustee for a deposition.

e. By this Order, the Court adopts the Order Granting in Part and Denying in 

Part Jeffrey Siskind’s Emergency Motion for a Protective Order Prohibiting the Release of 

Confidential Client Information [Main Case, ECF No. 180] (the “Confidentiality Order”) in this 

adversary proceeding and modifies the Confidentiality Order to permit the disclosure of 

information designated as ‘Confidential Information’ thereunder to be disclosed to Philip Harris, 

Esq. in his capacity as counsel for certain Adversary Defendants in this adversary proceeding 

and adversary proceeding captioned Furr v. Advanced Avionics, LLC Adv. No. 19-01301-BKCMAM-A (the “Advanced Avionics Adversary”). 

f. Furthermore, for purposes of the Confidentiality Order and this Order, 

Mr. Harris shall considered and be governed as a party to the Confidentiality Order. 

Accordingly, Section 3.6 of the Supplemental Report shall be deemed to contain ‘Confidential 

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Information’ pursuant to the Confidentiality Order. Any exhibit that a party may wish to 

introduce at trial that has been deemed ‘Confidential Information’ shall be filed UNDER SEAL 

as provided for in Local Rule 5005-1(A) (4).

4. The Motion to Compel is DENIED, to the extent that the Motion to Compel 

requests sanctions against the Trustee and/or his counsel.

5. Pursuant to Fed. R. Bankr. P. 7042(a)(1) the Court shall join litigation in this 

adversary proceeding with litigation in the Advanced Avionics Adversary (Adv. Proc. No. 19-

1301) for purposes of trial on the common issue of the Debtor’s insolvency.

6. The Pretrial Conference in this matter is continued to Wednesday, September 16, 

2020 at 10:00 a.m. (the “Continued Pretrial Conference”) by TELEPHONE through 

CourtSolutions LLC. To participate through CourtSolutions, you must make a reservation in 

advance no later than 3:00 p.m., one business day before the date of the hearing. Reservations 

should be arranged online at https://www.court−solutions.com. If a party is unable to register 

online, a reservation may also be made by telephone at (917) 746−7476. The Court will 

schedule trial in this adversary proceeding and the Advanced Avionics Adversary at the 

Continued Pretrial Conference.

# # #

Submitted by:

Jesus M. Suarez, Esq.

Email: jsuarez@gjb-law.com

GENOVESE JOBLOVE & BATTISTA, P.A.

Counsel to the Chapter 7 Trustee

100 S.E. 2nd Street, Suite 4400

Miami, FL 33131

Tel.: (305) 349-2300

Fax.: (305) 349-2310

Copies to:

Jesus M. Suarez, Esq.

(Mr. Suarez is directed to serve a conformed copy of this Order to all parties of interest and file a 

certificate of service with the Court)

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