UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

WEST PALM BEACH DIVISION 

www.flsb.uscourts.gov

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

 

CHANCE & ANTHEM, LLC, Chapter 7 

 

 Debtor. 

 /

ORDER GRANTING IN PART AND DENYING IN PART JEFFREY SISKIND’S 

EMERGENCY MOTION FOR A PROTECTIVE ORDER PROHIBITING THE 

RELEASE OF CONFIDENTIAL CLIENT FINANCIAL INFORMATION [ECF NO. 121] 

THIS MATTER came before the Court on August 28, 2018 at 10:00 a.m. and again for 

status conference on October 9, 2018 at 9:30 a.m. upon (1) Jeffrey Siskind’s Emergency Motion 

for a Protective Order Prohibiting the Release of Confidential Information (the “Motion”) [ECF 

No. 121] filed by Jeffrey Siskind, Esq. (“Mr. Siskind”) and (2) Chapter 7 Trustee’s Response in 

Opposition to Jeffrey Siskind’s Emergency Motion for a Protective Order Prohibiting the 

Release of Confidential Information (the “Response”) [ECF No. 139] filed by Robert C. Furr 

(the “Trustee”), Chapter 7 Trustee for the Estate of Chance & Anthem, LLC (the “Debtor”). The 

ORDERED in the Southern District of Florida on October 24, 2018.

Mindy A. Mora, Judge

United States Bankruptcy Court

_____________________________________________________________________________

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Court, having reviewed and considered the Motion and Response, having heard the 

representations and agreement of Mr. Siskind and Trustee’s counsel, and otherwise being duly 

advised on the premises, it is: 

ORDERED as follows: 

1. The Motion in GRANTED, in part, and, DENIED, in part, as set forth herein. 

2. The Trustee served a subpoena duces tecum pursuant to Federal Rule of 

Bankruptcy Procedure 2004 on Wells Fargo Bank, N.A. on or about August 2, 2018 

(“Subpoena”). Mr. Siskind is an attorney licensed to practice law in Florida and has represented 

to the Court that some of the documents and information produced by Wells Fargo with respect 

to an account ending 9721 constitute the banking records of his IOTA Trust Account (“Trust 

Account”). Further, Mr. Siskind represented that the Trust Account’s banking records contain 

information that should not be publicly disseminated because they contain non-public 

information concerning his law firm clients (the “Trust Account Records”). 

3. Within five (5) days of the date of this Order (the “Confidentiality Order”), Mr. 

Siskind shall designate those Trust Account Records which he contends should not be publicly 

disseminated as “CONFIDENTIAL.” 

4. Notwithstanding anything to the contrary contained herein, this Order does not 

apply to information: (i) that is or becomes generally available to the public other than as a result 

of a disclosure by a person or entity in breach of this Order; or (ii) that is or becomes available to 

the receiving Party1

 on a non-confidential basis from a source other than the other Parties hereto, 

provided that such source is not bound by a confidentiality agreement with or other contractual, 

legal, or fiduciary obligation of confidentiality to any other Party hereto with respect to such 

 

1 The term “Party” refers to the Trustee, Mr. Siskind or “Qualified Persons” as defined in this 

Order. The term Parties shall collectively refer to more than one Party.

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information. 

5. If a Party wishes to designate information derived from Trust Account Records 

marked as “CONFIDENTIAL,” he shall make such designation: 

a. in the case of testimony, at the time the testimony is given by so stating on 

the record or, within 7 days after the transcript of such testimony is made available to 

Mr. Siskind by providing to all counsel written notice of those portions of the 

transcript so designated. The Court Reporter thereupon shall promptly conform the 

original transcript of such testimony by stamping the word CONFIDENTIAL on each 

page so designated; and all counsel shall conform their copies of the transcript in 

accordance with the designation. The portions so designated shall not be utilized or 

disclosed by any other party, its agents, or its employees except in accordance with 

the terms of this Confidentiality Agreement and Order. During the 7-day period after 

the transcript has been made available, all parties shall treat the transcript in its 

entirety as CONFIDENTIAL; or 

b. in the case of information presented in a pleading or memorandum, at the 

time when the same is filed; 

2. Except as provided below in part (c) of this paragraph, inspection and receipt of 

all documents designated CONFIDENTIAL, and the disclosure of all Confidential Information 

contained therein, shall be limited to Qualified Persons. Any Qualified Person who receives or 

sees any document designated CONFIDENTIAL (or any copy or portion thereof) shall not show 

or provide that document (or any copy or portion thereof) to any person who is not a Qualified 

Person, and shall not disclose any Confidential Information in that document to any person who 

is not a Qualified Person. All documents designated CONFIDENTIAL, and all Confidential 

Information therein, shall be held in strict confidence by those Qualified Persons who receive or 

see them, shall be used solely in connection with this Bankruptcy Case, and shall not be used for 

any other purpose (including but not limited to commercial, business, competitive or other 

purposes), for any reason whatsoever, without the prior written consent of the designating Party, 

and shall be disclosed to no one except Qualified Persons. 

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a. As used herein, “Qualified Persons” means: (1) counsel representing the 

Trustee and Mr. Siskind; (2) outside expert witnesses or consultants retained by a 

party for purposes of this matter including the Trustee’s forensic accountants at the 

offices of Glass Ratner and Alan Barbee, CPA (including necessary staff in the 

expert’s or consultant’s employ); (3) the parties themselves and key employees of the 

parties who have responsibility for directing or assisting the parties in the 

administration of this bankruptcy case and related litigation; (4) court reporters, the 

Court and the Court’s personnel; (5) witnesses to whom documents designated 

CONFIDENTIAL (or Confidential Information contained therein) are disclosed in 

connection with preparation for deposition or other testimony, but only to the extent 

counsel making the disclosure believes in good faith that the disclosure is necessary 

in connection with such preparation; and (6) witnesses to whom documents 

designated CONFIDENTIAL are disclosed during deposition or other testimony, but 

only to the extent counsel making the disclosure believes in good faith that the 

disclosure is necessary in connection with such testimony; 

b. Any and all copies of documents designated CONFIDENTIAL, and of all 

transcripts or testimony designated CONFIDENTIAL, shall at all times only be kept 

in the possession of Qualified Persons, and no Qualified Person shall show or 

otherwise disclose any Confidential Information or document designated 

CONFIDENTIAL to any person who is not a Qualified Person; 

3. During the disclosure of any document designated CONFIDENTIAL at a 

deposition, attendance at that deposition shall be restricted to Qualified Persons to whom 

disclosure is permitted under this Confidentiality Agreement and Order. Any witnesses with 

whom CONFIDENTIAL DOCUMENTS are shared, either in the course of the Trustee’s 

investigation or in the course of a deposition or other testimony, shall be bound by the 

confidentiality provisions of this Confidentiality Order, and shall be subject to appropriate 

sanctions by the Court if the Confidentiality Order is violated by any such witness. 

4. If any party wishes to file with the Court any document designated 

CONFIDENTIAL under this Confidentiality Order at the time of such filing, it must file the 

document under seal or pursuant to an application to seal the document pursuant to the rules and 

procedures of the Court. 

5. Nothing in this Confidentiality Order shall limit any of the parties from 

challenging designations of confidentiality under this Confidentiality Order, or from requesting 

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the Court to provide further or additional protections of confidentiality, or from agreeing 

between themselves to any modification of this Confidentiality Order subject to approval of the 

Court. 

6. If any party objects to the designation of any material as “CONFIDENTIAL,” the 

objecting Party will make a good faith effort to first meet and confer in an effort to resolve the 

dispute. If the parties are unable to resolve the dispute, then, the complaining Party shall apply 

to the Court for a determination in accordance with Florida law and the standards set forth in this 

Confidentiality Order. 

7. A failure of a party to challenge a designation of confidentiality when made shall 

not be a waiver of that party’s right to later assert that the information actually is not confidential 

or entitled to the protection of this Confidentiality Order. The contested information and 

documents shall retain their protected confidential status pending resolution of the dispute. 

8. The restrictions set forth in any of the preceding paragraphs shall not apply to 

information in a document designated CONFIDENTIAL if it has been challenged and the nonchallenging party does not timely and successfully establish the propriety of the 

CONFIDENTIAL information or the Court determines that the information in that document 

which had been designated as constituting CONFIDENTIAL information: 

a. is not entitled to the protection provided in this Confidentiality Order 

under the standards set forth in this Confidentiality Order; or 

b. was previously rightfully and fairly known to, or becomes rightfully and 

fairly known to the recipient from any source independent of and not originating with 

the disclosing parties; or 

c. was already in the public domain; or 

d. becomes published or in the public domain through actions not attributable 

to the receiving party or otherwise in breach of this Confidentiality Order. 

9. In the event a party receives a subpoena or other request in another proceeding to 

produce a document designated CONFIDENTIAL, or to otherwise disclose any Confidential 

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Information contained in such a document, the party receiving the subpoena or request shall 

promptly provide to the party designating such document as CONFIDENTIAL written notice of 

the subpoena or request, and shall not produce the document or disclose the information until the 

designating party (i) has had a reasonable time to object or take other appropriate steps to protect 

the document or information, and any such objection or other challenge to the production or 

disclosure has been adjudicated, (ii) has expressly stated in writing to the party receiving the 

subpoena or request that it will not object to production of the document or disclosure of the 

information; or (iii) is compelled by a Court Order to produce the Confidential Information. 

10. This Court shall have continuing jurisdiction to resolve any dispute among the 

parties with respect to this Confidentiality Order, and to determine and impose sanctions or other 

relief against the parties, their counsel, or any Qualified Persons for violating this Confidentiality 

Order. Any Party may seek relief from this Order from the Bankruptcy Court. 

# # # 

Submitted by: 

Jesus M. Suarez, Esq. 

Genovese Joblove & Battista, P.A. 

Attorneys for Chapter 7 Trustee Robert C. Furr 

100 S.E. Second Street, 44th Floor 

Miami, Florida 33131 

Telephone: (305) 349-2300 

Email: jsuarez@gjb-law.com 

Jesus M. Suarez Esq., shall serve a copy of this Order on all interested parties and file a 

certificate of service reflecting same 

 

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CERTIFICATION 

 I, __________________ on behalf of ________________________, have been provided 

a copy of the October __, 2018 Confidentiality Agreement and Order regarding the use of Trust 

Account Records documents produced by Wells Fargo Bank, N.A. (as such terms are defined in 

the Confidentiality Order). 

 I hereby certify that I shall abide by all of the terms and conditions of the Confidentiality 

Order. 

 I further certify that I shall not disseminate, discuss, disclose or reveal any documents or 

other materials marked “Confidential” subject to the terms of the Confidentiality Order, except 

under the terms and conditions contained therein. 

 I acknowledge that any of the parties to the Confidentiality Agreement and Order have 

the right to seek enforcement of the Confidentiality Agreement and Order and this Certification 

in the United States Bankruptcy Court for the Southern District of Florida (the “Bankruptcy 

Court”), and I stipulate to the jurisdiction of the Bankruptcy Court solely with respect to the 

provisions of the Confidentiality Order. . 

By:__________________________ 

Printed Name: __________________________ 

Title/Company:__________________________ 

Date:__________________________ 

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