________________________

Leiderman Shelomith Alexander + Somodevilla, PLLC

Miami | Fort Lauderdale

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

West Palm Beach Division

www.flsb.uscourts.gov

In re:

MELANIE HOLLINGSWORTH CABOT,

Debtor.

_____________________________________/

Case No. 20-18361-BKC-MAM

Chapter 13

NOTICE OF TAKING RULE 2004 EXAMINATION DUCES TECUM

(Documents in Lieu of Appearance)

Creditors, Susan Bach, Bob Murphy and Infosage Corporation (collectively, the 

“Creditors”), by counsel, will examine American Express Company under oath on March 5, 

2021 at 4:00 p.m. at Leiderman Shelomith Alexander + Somodevilla, PLLC, 2699 Stirling 

Road, Suite C401, Ft. Lauderdale, Florida 33312. (Please Note: There will be no oral 

examination. The examinee is instructed to produce documents in lieu of an appearance). If 

the examinee receives this notice less than 14 days prior to the scheduled examination date, the 

examination will be rescheduled upon timely request to a mutually agreeable time, without the 

necessity of the filing of an objection.

 The examination is pursuant to Bankruptcy Rule 2004 and Local Rule 2004-1. The scope 

of the examination shall be as described in Bankruptcy Rule 2004. Pursuant to Local Rule 2004-

1, no order shall be necessary.

The examinee is instructed to produce all documents on the attached Schedule “A” 

on or before March 5, 2021 at 4:00 p.m. The examinee is instructed to contact Zach B. 

Shelomith, Esq. at ZBS@LSASLAW.COM for instructions on submitting the abovereferenced documents.

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________________________

Leiderman Shelomith Alexander + Somodevilla, PLLC

Miami | Fort Lauderdale

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing was served on January 30, 

2021 to all parties on the list to receive e-mail notice/service for this case, via the Notice of 

Electronic Filing (which is incorporated herein by reference) and via U.S. Mail to Melanie 

Hollingsworth Cabot, 100 Worth Ave # 120, Palm Beach, FL 33480; and will further be served 

via process server to American Express Company, c/o C T Corporation System, as Registered 

Agent, 1200 S Pine Island Rd, Plantation, FL 33324.

LEIDERMAN SHELOMITH

ALEXANDER + SOMODEVILLA, PLLC

Attorneys for the Creditors

2699 Stirling Road, Suite C401

Ft. Lauderdale, Florida 33312

Telephone: (954) 920-5355

Facsimile: (954) 920-5371

By:__________/s/____________

ZACH B. SHELOMITH

Florida Bar No. 0122548

zbs@lsaslaw.com

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________________________

Leiderman Shelomith Alexander + Somodevilla, PLLC

Miami | Fort Lauderdale

SCHEDULE “A”

GENERAL INSTRUCTIONS AND DEFINITIONS

1. All documents requested to be produced shall be made available for inspection 

and copying at the offices of undersigned counsel on or before the date indicated on the notice, 

as set forth above. This is a continuing request and you are under a duty to seasonably produce 

additional documents or answers responsive to any request upon later discovering information 

or acquiring documents not originally produced. If you know that the response, though correct 

when made, is no longer true, then the failure to amend the response is in substance a knowing 

concealment.

2. As used herein the terms "you", "your", or "yourself" refer to American 

Express Company. Those terms further specifically include all employees, agents, 

representatives, or any other person acting or purporting to act on American Express Company’s 

behalf either at the time of the events in question or at the present, unless the context of the 

request makes it clear that only American Express Company is connoted.

3. As used herein the terms "person(s)", "individual(s)", and "entity(ies)" mean any 

natural individual in any capacity whatsoever or any body or organization, including divisions, 

departments, and other units thereof, and shall include, but not be limited to, a public or private 

corporation, partnership, joint venture, voluntary or unincorporated association, organization, 

proprietorship, trust, estate, governmental agency, commission, bureau, or department.

4. As used herein the term “describe” means to specify completely and accurately 

the subject matter upon which inquiry is made using factual statements.

5. As used herein the term "document" means any medium upon which intelligence 

or information can be recorded or retrieved, and includes, without limitation, the original and 

each copy, regardless of origin and location, of any book, pamphlet, periodical, letter, 

memorandum [including any memorandum or report of a meeting or conversation], invoice, bill, 

order form, receipt, financial statement, accounting entry, diary, calendar, telex, telegram, cable, 

report, record, contract, agreement, study, handwritten note, draft, working paper, chart, paper, 

print, laboratory record, drawing, sketch, graph, index, list, tape, photograph, microfilm, data 

sheet or data processing card, CD-ROM, disk, diskette, or any other written, recorded, 

transcribed, punched, taped, filmed, computerized, or graphic matter, however produced or 

reproduced, which is in your possession, custody, or control or which was, but is no longer, in 

your possession, custody, or control.

6. As used herein the term "communication" means any oral or written utterance, 

notation, or statement of any nature whatsoever, by and to whomsoever made, including, but not 

limited to, correspondence, conversations, dialogues, discussions, interviews, consultations, 

agreements, and other understandings between or among two or more persons.

7. Any or all documents or communications identified herein that are no longer in 

your possession, custody, or control because of destruction, loss, or any other reason, should be 

identified as follows:

a. Describe the nature of the document or communication [e.g., whether it is/was a 

letter, memorandum, etc.];

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________________________

Leiderman Shelomith Alexander + Somodevilla, PLLC

Miami | Fort Lauderdale

b. State the date of the document or communication;

c. Identify the persons who sent and received, respectively, the original and each 

copy of the document or communication;

d. State in as much detail as possible the contents of the document or 

communication; and

e. State the manner and date of disposition of the document or communication.

8. If you contend that you are entitled to withhold from production any or all 

documents or communications identified herein on the basis of the attorney-client privilege, the 

work product doctrine, or any other ground, identify the document(s) or communication(s) as 

follows:

a. Describe the nature of the document [e.g., whether it is/was a letter, 

memorandum, etc.];

b. State the date of the document;

c. Identify the persons who sent and received the original and each copy of the 

document;

d. State the subject matter of the document; and 

e. State the basis upon which you contend you are entitled to withhold the document 

from production.

9. As used herein, the word "or" appearing in a request should not be read so as to 

eliminate any part of the request, but, whenever applicable, it should have the same meaning as 

the word "and."

10. If you do not have any documents responsive to a particular request, please 

indicate that.

DOCUMENTS REQUESTED

1. All credit card or account statements relating to any account(s) held by Melanie 

Hollingsworth Cabot, a/k/a Melanie Cabot, or for which she is an authorized user, whether such 

account(s) are held solely in one name or jointly with additional name(s), for the time period from 

July 1, 2016 to present, including without limitation, the account ending in # 8703.

Please Note: The last known current address for Melanie Hollingsworth Cabot is 100 

Worth Ave # 120, Palm Beach, FL 33480 and the last known prior address for Melanie 

Hollingsworth Cabot is 550 Okeechobee Blvd # 612, West Palm Beach, FL 33401.

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