00594949.DOCX 

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

In re: Case No. 19-25762-BKC-EPK

 Chapter 7 (Converted)

SOUTH ATLANTIC REGIONAL

CENTER, LLC

 Debtor. / 

SUBPOENA FOR RULE 2004 EXAMINATION DUCES TECUM

DOCUMENTS MAY BE PRODUCED IN LIEU OF APPEARANCE

To: Records Custodian 

 PNC Bank

 Attn: Records Services

 Firstside Center, P7-PFSC

 500 First Avenue

 Pittsburgh, PA 15219

 Testimony: YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at an examination 

under Rule 2004, Federal Rules of Bankruptcy Procedure. 

 PLACE: DATE AND TIME: 

Bast Amron LLC Friday, April 24, 2020

One Southeast Third Avenue, Suite 1400 5:00 p.m., E.S.T.

Miami, FL 33131

 Production: You, or your representatives, must also bring with you to the examination the following documents, 

electronically stored information, or objects, and must permit inspection, copying, testing, or sampling of the material:

The following provisions of Fed. R. Civ. P. 45, made applicable in bankruptcy cases by Fed. R. Bankr. P. 9016, are 

attached – Rule 45(c), relating to the place of compliance; Rule 45(d), relating to your protection as a person subject to a 

subpoena; and Rule 45(e) and 45(g), relating to your duty to respond to this subpoena and the potential consequences of not 

doing so.

Date: 04/08/2020

CLERK OF COURT

 _________________________________ 

Signature of Clerk or Deputy Clerk

OR /s/ Scott N. Brown _ 

Attorney’s signature

The name, address, email address, and telephone number of the attorney representing Scott N. Brown, as Chapter 7 Trustee

of the Bankruptcy Southern Atlantic Regional Center, LLC who issued this subpoena, is: Scott N. Brown, Esq.; 

One Southeast Third Ave., Suite 1400 Miami, FL 33131; sbrown@bastamron.com; (305) 379-7904

Notice to the person who issues or requests this subpoena

If this subpoena commands the production of documents, electronically stored information, or tangible things, or the inspection 

of premises before trial, a notice and a copy of this subpoena must be served on each party before it is served on the person to 

whom it is directed. Fed. R. Civ. P. 45(a)(4).

Case 19-25762-EPK Doc 45 Filed 04/08/20 Page 1 of 7
Case 19-25762-EPK Doc 45 Filed 04/08/20 Page 2 of 7
00594949.DOCX 

Federal Rule of Civil Procedure 45(c), (d), (e), and (g) (Effective 12/1/13)

(made applicable in bankruptcy cases by Rule 9016, Federal Rules of Bankruptcy Procedure)

(c) Place of compliance.

(1) For a Trial, Hearing, or Deposition. A subpoena may command a 

person to attend a trial, hearing, or deposition only as follows:

(A) within 100 miles of where the person resides, is employed, or

regularly transacts business in person; or

(B) within the state where the person resides, is employed, or regularly 

transacts business in person, if the person

(i) is a party or a party’s officer; or

(ii) is commanded to attend a trial and would not incur substantial 

expense.

(2) For Other Discovery. A subpoena may command:

(A) production of documents, or electronically stored information, or 

things at a place within 100 miles of where the person resides, is employed,

or regularly transacts business in person; and

(B) inspection of premises, at the premises to be inspected.

(d) Protecting a Person Subject to a Subpoena; Enforcement.

(1) Avoiding Undue Burden or Expense; Sanctions. A party or 

attorney responsible for issuing and serving a subpoena must take 

reasonable steps to avoid imposing undue burden or expense on a person 

subject to the subpoena. The court for the district where compliance is 

required must enforce this duty and impose an appropriate sanction — 

which may include lost earnings and reasonable attorney's fees — on a 

party or attorney who fails to comply.

(2) Command to Produce Materials or Permit Inspection.

(A) Appearance Not Required. A person commanded to produce 

documents, electronically stored information, or tangible things, or to

permit the inspection of premises, need not appear in person at the place of

production or inspection unless also commanded to appear for a deposition, 

hearing, or trial.

(B) Objections. A person commanded to produce documents or tangible

things or to permit inspection may serve on the party or attorney designated 

in the subpoena a written objection to inspecting, copying, testing or 

sampling any or all of the materials or to inspecting the premises — or to 

producing electronically stored information in the form or forms requested. 

The objection must be served before the earlier of the time specified for 

compliance or 14 days after the subpoena is served. If an objection is made, 

the following rules apply:

(i) At any time, on notice to the commanded person, the serving party 

may move the court for the district where compliance is required for an 

order compelling production or inspection.

(ii) These acts may be required only as directed in the order, and the 

order must protect a person who is neither a party nor a party's officer from

significant expense resulting from compliance.

(3) Quashing or Modifying a Subpoena.

(A) When Required. On timely motion, the court for the district where 

compliance is required must quash or modify a subpoena that:

(i) fails to allow a reasonable time to comply;

(ii) requires a person to comply beyond the geographical limits 

specified in Rule 45(c);

(iii) requires disclosure of privileged or other protected matter, if no 

exception or waiver applies; or

(iv) subjects a person to undue burden.

(B) When Permitted. To protect a person subject to or affected by a 

subpoena, the court for the district where compliance is required may, on

motion, quash or modify the subpoena if it requires:

(i) disclosing a trade secret or other confidential research, 

development, or commercial information; or

(ii) disclosing an unretained expert's opinion or information that does 

not describe specific occurrences in dispute and results from the expert's 

study that was not requested by a party.

(C) Specifying Conditions as an Alternative. In the circumstances 

described in Rule 45(d)(3)(B), the court may, instead of quashing or 

modifying a subpoena, order appearance or production under specified 

conditions if the serving party:

(i) shows a substantial need for the testimony or material that cannot 

be otherwise met without undue hardship; and

(ii) ensures that the subpoenaed person will be reasonably

compensated.

(e) Duties in Responding to a Subpoena.

(1) Producing Documents or Electronically Stored Information. These 

procedures apply to producing documents or electronically stored 

information:

(A) Documents. A person responding to a subpoena to produce 

documents must produce them as they are kept in the ordinary course of

business or must organize and label them to correspond to the categories in 

the demand.

(B) Form for Producing Electronically Stored Information Not

Specified. If a subpoena does not specify a form for producing 

electronically stored information, the person responding must produce it in

a form or forms in which it is ordinarily maintained or in a reasonably

usable form or forms.

(C) Electronically Stored Information Produced in Only One Form. The 

person responding need not produce the same electronically stored

information in more than one form.

(D) Inaccessible Electronically Stored Information. The person 

responding need not provide discovery of electronically stored information

from sources that the person identifies as not reasonably accessible because

of undue burden or cost. On motion to compel discovery or for a protective 

order, the person responding must show that the information is not 

reasonably accessible because of undue burden or cost. If that showing is 

made, the court may nonetheless order discovery from such sources if the 

requesting party shows good cause, considering the limitations of Rule

26(b)(2)(C). The court may specify conditions for the discovery.

(2) Claiming Privilege or Protection.

(A) Information Withheld. A person withholding subpoenaed 

information under a claim that it is privileged or subject to protection as

trial-preparation material must:

(i) expressly make the claim; and

(ii) describe the nature of the withheld documents, communications, 

or tangible things in a manner that, without revealing information itself

privileged or protected, will enable the parties to assess the claim.

(B) Information Produced. If information produced in response to a 

subpoena is subject to a claim of privilege or of protection as trialpreparation material, the person making the claim may notify any party that 

received the information of the claim and the basis for it. After being 

notified, a party must promptly return, sequester, or destroy the specified 

information and any copies it has; must not use or disclose the information 

until the claim is resolved; must take reasonable steps to retrieve the 

information if the party disclosed it before being notified; and may

promptly present the information under seal to the court for the district 

where compliance is required for a determination of the claim. The person

who produced the information must preserve the information until the claim

is resolved.

(g) Contempt. The court for the district where compliance is required – and 

also, after a motion is transferred, the issuing court – may hold in contempt

a person who, having been served, fails without adequate excuse to obey 

the subpoena or an order related to it

Access to Subpoena Materials

Fed. R. Civ. P. 45(a) Committee Note (2013)

• Parties desiring access to information produced in response to this subpoena will need to follow up with the party serving the subpoena to obtain such access.

• The party serving the subpoena should make reasonable provisions for prompt access.

• The court for the district where compliance with the subpoena is required has authority to order notice of receipt of produced materials or access to them.

Case 19-25762-EPK Doc 45 Filed 04/08/20 Page 3 of 7
00595343 DOCX 

SCHEDULE “A”

DEFINITIONS: 

For purposes of responding to duces tecum request for deposition, the following 

definitions shall apply.

1. “You” or “Yours” means PNC Bank, N.A., and their respective officers, directors, 

managers, members, attorneys, accountants, representatives, affiliates, predecessors, successors, 

assigns and/or affiliated entities. 

2. “Debtor” or “SARC” means South Atlantic Regional Center, LLC and its officers, 

directors, managers, members, attorneys, accountants, representatives, affiliates, predecessors, 

successors, assigns and/or affiliated entities. 

3. “Petition Date” means November 22, 2019. 

4. “Petition” means the involuntary Chapter 11 bankruptcy petition filed against the 

Debtor on November 22, 2019, which commenced this case.

5. “Document” or “documents” as used herein shall mean the original and any copy, 

regardless of its origin and location, of all writings of any kind whatsoever including, but not 

limited to, all abstracts, accounting journals, accounting ledgers, advertisements, affidavits, 

agendas, agreements or proposed agreements, analyses, appointment books, appraisals, articles 

of incorporation, balance sheets, bank checks, bank deposit or withdrawal slips, bank credit or 

debit memoranda, bank statements, blue prints, books, books of account, budgets, bulletins, 

bylaws, canceled checks, charts, checks, codes, communications, communications with 

government bodies, computer data or printouts, conferences, contracts, correspondence, data 

processing cards, data sheets, desk calendars, details, diagrams, diaries, disks or data 

compilations from which information can be obtained or translated, drafts, drawings, 

electromagnetic tapes, files, films, financial calculations, financial projections, financial 

statements, graphs, handwritten notes or comments however produced or reproduced, indexes, 

insertions, instructions, internal accounting records, interoffice communications, invoices, 

ledgers, letters, lists, logbooks, manuals, memoranda, microfilm, minutes of meetings, motion 

pictures, newspaper or magazine articles, networks, nonconforming copies which contain 

deletions, notations or records of meetings, notes, notices of wire transfer of funds, outlines, 

pamphlets, papers, passbooks, periodicals, photocopies, photographs, pictures, plans, preliminary 

drafts, press releases, proposals, publications, punch cards, raw and refined data, receipts, 

recommendations, records, records of conferences or conversations or meetings, records of 

payment, reports, resolutions, results of investigations, schedules, schematics, sepia, shipping 

papers, slides, specifications, speeches, statements of account, studies, summaries, surveys, tape 

recordings, tax returns, telegrams, telephone logs and records, telephone and other conversations 

or communications, teletypes, telexes, transcripts, transcripts of tape recordings, video tapes, 

voice records, vouchers, work papers, worksheets, written notations, and any and all digital or 

analog electronic files whether on- or off-site, including “deleted” files and file fragments, store 

in machine-readable format on magnetic, optical or other storage media, including the hard 

Case 19-25762-EPK Doc 45 Filed 04/08/20 Page 4 of 7
Case No.: 19-25762-BKC-EPK

00595343 DOCX 2 

drives or floppy disks and their backup media (e.g., other hard drives, backup tapes, floppies, 

JAZ cartridges, CD-ROMS’s) or otherwise, whether such files have been reduced to paper 

printouts or not. This includes but is not limited to E-mails, both sent and received, whether 

internally or externally; all word-processed files, including drafts and revisions; all spreadsheets, 

including drafts and revisions; all databases; all CAD (computer aided design) files, including 

drafts and revision; all presentation data or slide shows produced by presentation software (such 

as Microsoft Power Point); all graphs, charts and other data produced by project management 

software (such as Microsoft Project); all data generated by calendaring, task management and 

Personal Information Management (PIM) software (such as Microsoft Outlook or Lotus Notes); 

all data created with the use of Personal Data Assistants (PDA’s), such as Palm Pilot, HP 

Jornada, Cassiopeia or other Windows CE-based or Pocket PC devices; all data created with the 

use of document management software; all data created with the use of paper and electronic mail 

logging and routing software; all Internet and Web-browser-generated history files, caches and 

“cookies” files and all backup storage media, and any and all other papers similar to any of the 

foregoing. Any document containing thereon or attached thereto any alterations, comments, 

notes or other material not included in the copies or originals or referred to in the preceding 

definition shall be deemed a separate document within said definition. Any document shall 

include all exhibits, schedules or other writings affected by or referenced in any such document 

or other writings necessary to complete the information contained therein or make it not 

misleading.

6. “And” and “or” as used herein are terms of inclusion and not of exclusion, and 

shall be construed either disjunctively or conjunctively as necessary to bring within the scope of 

the request for production of documents any document or information that might otherwise be 

construed to be outside its scope.

7. “Any” means one or more.

8. “Describe,” “discuss,” “analyze,” “describing,” “discussion,” or “analyzing,” 

mean any document that, in whole or in part, characterizes, delineates, explicates, deliberates, 

evaluates, appraises, assesses or provides a general explanation of the specified subject.

9. “Person” means any natural person, corporation, partnership, company, sole 

proprietorship, association, institute, joint venture, firm, governmental body, or other legal entity, 

whether privately or publicly owned or controlled, for profit or not-for-profit, or partially or fully 

government owned or controlled.

10. “Relate to” and “relating to” mean to make a statement about, refer to, discuss, 

describe, reflect, contain, comprise, identify, or in any way to pertain to, in whole or in part, or 

otherwise to be used, considered, or reviewed in any way in connection with, the specified 

subject. Thus, documents that “relate to” a subject also include those which were specifically 

rejected and those which were not relied or acted upon.

11. The singular form of a noun or pronoun shall be considered to include within its 

meaning the plural form of the noun or pronoun, and vice versa. The masculine form of a noun 

Case 19-25762-EPK Doc 45 Filed 04/08/20 Page 5 of 7
Case No.: 19-25762-BKC-EPK

00595343 DOCX 3 

or pronoun shall be considered to include within its meaning the feminine form of the noun or 

pronoun, and vice versa.

12. Regardless of the tense employed, all verbs shall be read as applying to the past, 

present and future as is necessary to make any paragraph more, rather than less, inclusive.

13. “Year” means calendar year. 

Case 19-25762-EPK Doc 45 Filed 04/08/20 Page 6 of 7
Case No.: 19-25762-BKC-EPK

00595343 DOCX 4 

PLEASE PROVIDE COPIES OF:

1. All (i) account statements, (ii) cancelled checks (front and back) in excess of 

$500.00, (iii) deposit slips, (iv) withdrawal slips, and (v) wire transfer debit and credit advices 

for all accounts held in the name of the Debtor, South Atlantic Regional Center, LLC (EIN 

Number 27-2866806), including, but not limited to, Account # 8469 (“Account X8469”)

and Account # 7626 (“Account X7626,” and collectively with Account X8469, the 

“Known Accounts”), for the period from January 1, 2010 through the date that You respond to 

this Subpoena.

2. Any and all documents evidencing, relating to, or referring to the opening and 

closing of any and all accounts in the name of the Debtor, including, but not limited to, the 

Known Accounts, for the period from January 1, 2010 through the date that You respond to this 

Subpoena, including, but not limited to, applications, account opening documents, corporate 

resolutions and authorizations, account signature cards, copies of driver licenses and/or any other 

forms of identification identifying the authorized signers, change in account owner or change in 

signature cards, account closing documents, and any other documents provided by or on behalf 

of the account owner from the inception of the accounts through the date You respond to this 

Subpoena. 

3. Any and all documents, agreements and correspondence of any type between You 

and the Debtor evidencing, relating to, or referring to the opening of any and all accounts in the 

name of the Debtor, including, but not limited to, the Known Accounts. 

4. Any and all documents, agreements and correspondence of any type between You 

and the Debtor evidencing, relating to, or referring to the closing of any and all accounts in the 

name of the Debtor, including, but not limited to, the Known Accounts. 

The Trustee reserves the right to request additional documents as his investigation 

continues, as additional issues are uncovered, and as clarifications are required.

 

 

Case 19-25762-EPK Doc 45 Filed 04/08/20 Page 7 of 7