UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

www.flsb.uscourts.gov 

In re: 

 Case No. 20-16595-AJC 

ASTOR EB-5, LLC, 

 Chapter 7 

 Debtor. 

 / 

NOTICE OF 2004 EXAMINATION OF CITY NATIONAL BANK, DUCES TECUM 

(DOCUMENT REQUEST ONLY) 

Drew Dillworth, duly appointed, qualified and acting Chapter 7 Trustee (“Trustee 

Dillworth”) of the Debtor’s estate, by and through its undersigned counsel, will command the 

production of documents at the offices of the STEARNS WEAVER MILLER WEISSLER ALHADEFF 

& SITTERSON, P.A., 150 West Flagler Street, Suite 2200, Miami, FL 33130, at the date and 

time indicated below: 

NAME PLACE OF PRODUCTION 

Record Custodian 

City National Bank 

Stearns Weaver Miller Weissler Alhadeff & 

Sitterson, P.A. 

150 W. Flagler Street, Suite 2200 

Miami, FL 33130 

Pursuant to Rule 2004, Fed. R. Bankr. P., the Examinee is required to produce the 

documents listed on the attached Exhibit A to the duly served Subpoena, on or before 5:00 p.m. 

on May 24, 2021, to counsel for Trustee Dillworth at STEARNS WEAVER MILLER WEISSLER 

ALHADEFF & SITTERSON, P.A., 150 West Flagler Street, Suite 2200, Miami, FL 33130. 

 

Case 20-16595-AJC Doc 142 Filed 05/03/21 Page 1 of 13
Dated: May 3, 2021. 

Respectfully submitted, 

/s/ Drew M. Dillworth 

ERIC J. SILVER, ESQ., FBN: 167835 

esilver@stearnsweaver.com 

STEARNS WEAVER MILLER 

 WEISSLER ALHADEFF & SITTERSON, P.A. 

Museum Tower Building, Suite 2200 

150 West Flagler Street 

Miami, Florida 33130 

Telephone: (305) 789-3200 

Counsel for Trustee Dillworth 

 CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by 

United States mail to all parties listed on this notice and electronically filed with the Clerk of 

Court by using the CM/ECF system which will send a notice of electronic filing to all parties and 

counsel identified on the CM/ECF service list attached. 

 /s/ Drew M. Dillworth, Esq. 

 Drew M. Dillworth, ESQ. 

Case 20-16595-AJC Doc 142 Filed 05/03/21 Page 2 of 13
 SERVICE LIST 

Case No. 20-16595-AJC 

United States Bankruptcy Court, Southern District of Florida 

The following parties are registered to receive Notice of Electronic Filing and should have been 

served through CM/ECF. 

Geoffrey S. Aaronson 

gaaronson@aspalaw.com

5408891420@filings.docketbird.com

Counsel for Geoffrey S. Aaronson 

Joel M. Aresty, Esq. 

aresty@mac.com

Counsel for Astor EB-5, LLC 

Terrence Ayala 

tcayala@gmail.com 

Counsel for Astor EB-5 Funding, LLC, et al. 

Ricardo Corona, Esq. 

bk@coronapa.com

rcorona@coronapa.com

Counsel for Corona Law Firm, P.A. 

Drew M Dillworth 

ddillworth@swmwas.com

ddillworth@ecf.axosfs.com

marocha@stearnsweaver.com

Trustee 

Joshua W Dobin 

jdobin@melandrussin.com

ltannenbaum@melandbudwick.com

mrbnefs@yahoo.com

ltannenbaum@ecf.courtdrive.com

jdobin@ecf.courtdrive.com

ltannenbaum@ecf.courtdrive.com; 

hornia@ecf.courtdrive.com

Counsel for Astor EB-5 Funding, LLC, et al. 

Dennis A Donet 

dennis.donet@donetlaw.com

Counsel for Dennis A. Donet, PA 

Anna M Gamez 

annie.hernandezgamez@hklaw.com

maria.gonzalez@hklaw.com

Counsel for Soho Boutique Astor LLC 

Office of the US Trustee 

USTPRegion21.MM.ECF@usdoj.gov 

Brian G Rich 

brich@bergersingerman.com

efile@bergersingerman.com

efile@ecf.inforuptcy.com

rperez@bergersingerman.com 

Counsel for 1651 Astor, LLC 

Steven H. Rothstein 

steverothstein@miamibeachfl.gov

Counsel for City of Miami Beach, Florida 

Lawrence M Schantz 

lschantz@aspalaw.com

Counsel for Lawrence M Schantz 

Steven D Schneiderman 

Steven.D.Schneiderman@usdoj.gov

Counsel for U.S. Trustee Office of the US 

Trustee 

Case 20-16595-AJC Doc 142 Filed 05/03/21 Page 3 of 13
#9445159 v1 

 Eric J Silver 

esilver@stearnsweaver.com

jless@stearnsweaver.com

larrazola@stearnsweaver.com 

cgraver@stearnsweaver.com

mfernandez@stearnsweaver.com

Counsel for Trustee Drew M Dillworth 

Case 20-16595-AJC Doc 142 Filed 05/03/21 Page 4 of 13
EXHIBIT A 

Case 20-16595-AJC Doc 142 Filed 05/03/21 Page 5 of 13
4 of 4 

UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

www.flsb.uscourts.gov 

In re: 

ASTOR EB-5, LLC, Case No. 20-16595-AJC 

 Debtor. Chapter 7 

 / 

SUBPOENA FOR RULE 2004 EXAMINATION DUCES TECUM 

To: Records Custodian, 

 City National Bank 

 

[ ] YOU ARE COMMANDED to appear in the United States Bankruptcy Court at the place, date and time specified 

below to testify in the above jointly administered cases. 

PLACE OF TESTIMONY COURTROOM 

DATE AND TIME 

[ ] YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a 

deposition in the above case. 

PLACE OF DEPOSITION 

(If documents are not produced) 

Stearns Weaver, et al. 

150 West Flagler Street, Suite 2200 

Miami, Florida 33130

DATE AND TIME 

May 24, 2021 at 5:00 p.m. 

The examination will be recorded by this method: Documents only, no testimony at this time 

unless documents are not received. 

[ X ] YOU ARE COMMANDED to produce and permit inspection and copying of the documents or objects listed on 

Exhibit A at the place, date, and time specified below: 

PLACE 

Stearns Weaver, et al. 

150 West Flagler Street, Suite 2200 

Miami, Florida 33130

DATE AND TIME: 

May 24, 2021 at 5:00 p.m.

Any organization not a party to this proceeding that is subpoenaed for the taking of a deposition shall designate 

one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, 

for each person designated, the matters on which the person will testify, Rule 30(b)(6), Federal Rules of Civil Procedure, 

made applicable in bankruptcy cases and proceedings by Rules 1018, 7030, and 9014, Federal Rules of Bankruptcy 

Procedure. 

ISSUING OFFICER SIGNATURE 

/s/ Drew M. Dillworth 

TITLE 

Trustee for Astor EB-5, LLC 

Case 20-16595-AJC Doc 142 Filed 05/03/21 Page 6 of 13
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ISSUING OFFICER’S NAME (PRINT) 

Drew M. Dillworth 

FL Bar No. 167835 

PHONE: 305-789-3200 

EMAIL: ddillworth@stearnsweaver.com 

ADDRESS 

Stearns Weaver Miller Weissler Alhadeff & Sitterson, PA. 

Museum Tower, Suite 2200, 150 West Flagler Street 

Miami, FL 33130 

DATE 

May 3, 2021 

 

 

PROOF OF SERVICE 

 DATE PLACE 

SERVED 

SERVED ON (PRINT NAME) MANNER OF SERVICE 

SERVED BY (PRINT NAME) TITLE 

DECLARATION OF SERVER 

I declare under penalty of perjury under the laws of the United States of America that the 

foregoing information contained in the Proof of Service is true and correct. 

Executed on ___________________________ _____________________________ 

DATE SIGNATURE OF SERVER

 _____________________________ 

 ADDRESS OF SERVER 

Rule 45, Federal Rules of Civil Procedure, Subdivisions (c) (d), and (e), as amended on December 1, 2006, made applicable 

in cases under the Bankruptcy Code by Rule 9016, Federal Rules of Bankruptcy Procedure: 

(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. 

 (1) A party or an attorney responsible for the issuance and service of a subpoena shall take 

reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. 

The court on behalf of which the subpoena was issued shall enforce this duty and impose upon the 

party or attorney in breach of this duty an appropriate sanction, which may include, but is not 

limited to, lost earnings and a reasonable attorneys fee. 

 (2)(A) A person commanded to produce and permit inspection, copying, testing, or sampling 

of designated electronically stored information, books, papers, documents or tangible things, or 

inspection of premises need not appear in person at the place of production or inspection unless 

commanded to appear for deposition, hearing or trial. 

 (B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit 

inspection, copying, testing, or sampling may, within 14 days after service of the subpoena or 

before the time specified for compliance if such time is less than 14 days after service, serve upon 

the party or attorney designated in the subpoena written objection to producing any or all of the 

designated materials or inspection of the premises - or to producing electronically stored 

information in the form or forms requested. If objection is made, the party serving the subpoena 

shall not be entitled to inspect, copy, test, or sample the materials or inspect the premises except 

pursuant to an order of the court by which the subpoena was issued. If objection has been made, 

the party serving the subpoena may, upon notice to the person commanded to produce, move at 

any time for an order to compel the production, inspection, copying, testing, or sampling. Such an 

order to compel shall protect any person who is not a party or an officer of a party from significant 

expense resulting from the inspection, copying, testing, or sampling commanded. 

 (3)(A) On timely motion, the court by which a subpoena was issued shall quash or modify 

the subpoena if it 

 (i) fails to allow reasonable time for compliance; 

 (ii) requires a person who is not a party or an officer of a party to travel to a place more 

than 100 miles from the place where that person resides, is employed or regularly transacts 

business in person, except that, subject to the provisions of clause (c)(3)(B)(iii) of this rule, such a 

person may in order to attend trial be commanded to travel from any such place within the state in 

which the trial is held; 

 (iii) requires disclosure of privileged or other protected matter and no exception or waiver 

or modify the subpoena or, if the party in whose behalf the subpoena is issued shows a 

substantial need for the testimony or material that cannot be otherwise met without undue 

hardship and assures that the person to whom the subpoena is addressed will be reasonably 

compensated, the court may order appearance or production only upon specified 

conditions. 

(d) DUTIES IN RESPONDING TO SUBPOENA. 

 (1) (A) A person responding to a subpoena to produce documents shall produce them as 

they are kept in the usual course of business or shall organize and label them to correspond 

with the categories in the demand. 

 (B) If a subpoena does not specify the form or forms for producing electronically stored 

information, a person responding to a subpoena must produce the information in a form or 

forms in which the person ordinarily maintains it or in a form or forms that are reasonably 

usable. 

 (C) A person responding to a subpoena need not produce the same electronically stored 

information in more than one form. 

 (D) A person responding to a subpoena 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 to quash, the person 

from whom discovery is sought must show that the information sought 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) (A) When information subject to a subpoena is withheld on a claim that it is privileged 

or subject to protection as trial-preparation materials, the claim shall be made expressly and 

shall be supported by a description of the nature of the documents, communications, or things 

not produced that is sufficient to enable the demanding party to contest the claim. 

 (B) If information is produced in response to a subpoena that is subject to a claim of 

privilege or of protection as trial-preparation 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 

Case 20-16595-AJC Doc 142 Filed 05/03/21 Page 7 of 13
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applies; or 

 (iv) subjects a person to undue burden. 

(B) If a subpoena 

 (i) requires disclosure of a trade secret or other confidential research, development, or 

commercial information, or 

 (ii) requires disclosure of an unretained experts opinion or information not describing 

specific events or occurrences in dispute and resulting from the experts study made not at the 

request of any party, or 

 (iii) requires a person who is not a party or an officer of a party to incur substantial expense 

to travel more than 100 miles to attend trial, the court may, to protect a person subject to or affected 

by the subpoena, quash 

copies it has and may not use or disclose the information until the claim is resolved. A 

receiving party may promptly present the information to the court under seal for a 

determination of the claim. If the receiving party disclosed the information before being 

notified, it must take reasonable steps to retrieve it. The person who produced the 

information must preserve the information until the claim is resolved. 

(e) CONTEMPT. Failure of any person without adequate excuse to obey a subpoena served 

upon that person may be deemed a contempt of the court from which the subpoena issued. 

An adequate cause for failure to obey exists when a subpoena purports to require a nonparty 

to attend or produce at a place not within the limits provided by clause (ii) of subparagraph 

(c)(3)(A). 

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EXHIBIT “A” 

Case No. 20-16595-AJC 

DEFINITIONS AND INSTRUCTIONS 

For the purposes of responding to each of the document requests set forth below, the following 

definitions and instructions should be followed: 

1. “Bankruptcy Case” means the chapter 7 bankruptcy case styled In re Astor EB-5, LLC, Case 

No. 20-16595-AJC. 

2. “Communications” means any transmittal of information by any means or any response 

thereto by any means. 

3. “Concerning” means, directly or indirectly, in whole or in part, containing, constituting, 

contradicting, controverting, corroborating, demonstrating, describing, discussing, disputing, 

embodying, evidencing, identifying, memorializing, mentioning, pertaining to, proving, rebutting, 

recording, refuting, referring to, reflecting, relating to, showing, substantiating, summarizing, 

supporting, arising out of or in connection with, or in any way legally, logically, or factually connected 

with. 

4. “Debtor” means Astor EB-5, LLC, TIN: 46-0917208. 

5. “Document” means any writing, recording, electronically stored information, photograph, or 

other tangible or intangible thing from which information may be obtained or derived, including, 

without limitation: original or exact copies of any tangible written, typed, printed, electronic, 

photographed, or other form of recorded or graphic matter of every kind or description, however 

produced or reproduced, whether mechanically or electronically recorded, draft, final, original, 

reproduction, signed or unsigned, regardless of whether approved, signed, sent, received, redrafted, or 

executed, and whether handwritten, typed, printed, photostatted, duplicated, carbon or otherwise 

copied or produced in any other manner whatsoever. Without limiting the generality of the foregoing, 

Case 20-16595-AJC Doc 142 Filed 05/03/21 Page 9 of 13
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“document” shall include communications, correspondence, letters, telegrams, telexes, mailgrams, emails, text messages, instant messaging records or logs, calendars, diaries, memoranda (including 

interoffice memoranda, intraoffice memoranda, memoranda for files, and memoranda of telephone, 

meeting, or other conversations), notes or notations, minutes, booklets, books, drawings, graphs, 

charts, telephone records, telephone messages, voicemail messages, video cassettes, electronic tapes, 

microfilms, discs or other recordings, computer programs, printouts, data cards, studies, analysis and 

other data compilations from which information can be obtained. Copies of documents which are not 

identical duplications of the original, or which contain additions to or deletions from the originals, or 

copies of documents which are identical duplications of the originals if the originals are not available, 

shall be considered to be separate documents. The term also refers to and includes all metadata 

associated with the subject document. 

6. “Person” means the singular or plural natural person, corporation, partnership, association, 

organization, government (including all instrumentalities, officers, agents, and subdivisions thereof), 

and all other business, legal, or artificial entities. 

7. “Petition Date” means June 17, 2020. 

8. “Request” means a request contained in the SPECIFIC REQUESTS section, infra. 

9. “You” and “Your” means the party receiving this subpoena. 

INSTRUCTIONS 

1. The documents covered by the Requests include all documents in your possession, 

custody, or control, regardless of whether such documents or materials are possessed directly by you or 

your professionals, advisors, directors, officers, partners, associates, subsidiaries, affiliates, successors, 

accountants, investigators, managers, members, shareholders, representatives, employees, attorneys, 

agents, third party cloud providers, and any other persons or entities acting on your behalf or under 

your control. 

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2. Each Request shall be deemed to be continuing in nature. If at any time additional 

documents come into your possession, custody, or control or are brought to your attention, prompt 

supplementation of your response to the Requests is required. 

3. Documents shall be produced in the manner in which they are maintained in the usual 

course of the business. The documents shall be organized and labeled to correspond with the 

categories in the Requests. Each Request for a document shall be deemed to include a request for any 

and all file folders within which the document was contained, transmittal sheets, cover letters, exhibits, 

enclosures, or attachments to the document, in addition to the document itself. 

4. Documents shall be produced in such fashion as to identify the department, branch, or 

office in which they were located and, where applicable, the natural person in whose possession it was 

found and the business address of each document’s custodian(s). Each page produced in response to 

these Requests shall be stamped with a unique prefix, or otherwise identified, such that the source of 

each page or document produced is apparent. At a minimum, the entity producing the document shall 

be apparent. 

5. As to any document requested but withheld based on your assertion of any privilege or 

immunity, please set forth: (i) the title of the document; (ii) the type of document (e.g., letter, note, 

memorandum, etc.); (iii) the date of the document; (iv) the subject matter of the document; (v) the 

identities of all persons who authored the document, or assisted in its preparation, or in whose name 

the document was prepared; (vi) the identities of all persons to whom the document was addressed; 

(vii) the identities of all other persons to whom the document was sent, or who received, have seen, 

have had possession or custody of, or have had disclosed to them the contents of, the document or any 

copies thereof; and (viii) sufficient information regarding the grounds for withholding the document to 

explain the claim of privilege or immunity. 

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6. If any document requested herein has been destroyed or lost, provide in lieu of the true 

and correct copy thereof a description of the document so lost or destroyed, together with the following 

information: (i) the date of the document; (ii) a brief description of the document; (iii) the author of 

the document; (iv) the date upon which the document was destroyed or lost; and (v) a brief statement 

regarding the manner in which the document was lost or destroyed. 

7. Documents attached to each other shall not be separated. 

8. Any word written herein in the singular shall be construed as plural or vice versa as 

necessary in order to bring within the scope of the Request all documents that might otherwise be 

construed to be outside its scope. 

9. The terms “and” as well as “or” shall be construed disjunctively or conjunctively as 

necessary to bring within the scope of the Request all documents that might otherwise be construed to 

be outside its scope. 

10. The terms “all” and “each” shall be construed as “all and each.” 

11. If any copy of any document for which production is sought, whether a draft or a final 

version, is not identical to any other copy thereof, by reason of alterations, notes, comments, initials, 

underscoring, indication of routing or other material contained thereon or attached thereto, such nonidentical copy shall be produced separately. 

12. If you consider any term in any Request to be vague or capable of more than one 

meaning, identify the meaning you are ascribing to such term, then respond to the Request as construed 

with such word given such meaning. 

13. Each Request shall be construed independently. No Request should be construed by 

reference to any other Request for the purpose of limiting the scope of response to such Request unless 

stated otherwise. 

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#9445054 v1 

RELEVANT TIME PERIOD 

Unless otherwise stated, the “Relevant Time Period” for the Requests is from four (4) years 

prior to the Petition Date to the Petition Date. 

ELECTRONICALLY STORED INFORMATION 

The Requests call for the production of electronically stored information (“ESI”) and ESI shall 

be produced in native form. In searching for electronic documents responsive to these Requests, you 

shall search for all such electronic documents regardless of the form in which the document exists or 

the location in which it is stored. Among other places, you shall search for electronic documents stored 

on all servers, networks, hard drives, desktop computers, notebook computers, personal digital devices, 

all back-up storage tapes, and with any third party cloud providers. 

SPECIFIC REQUESTS 

Please produce the following documents for the Relevant Time Period: 

A. All account statements and cancelled checks for any account held by Debtor for the four 

years prior to the Petition Date including, without limitation, account ending in 9833 or with the 

Debtor’s Tax ID Number. 

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