UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

In re: Case No. 18-11056-LMI

Chapter 7

Carlos Alberto Garcia,

Debtor,

 /

Drew M. Dillworth, as Chapter 7 Trustee, Adv. Pro. No. 20-01049-LMI

Plaintiff,

vs.

Esteban Guerra, Ivonne Perez and Ericka J. 

Perez a/k/a Ericka J. Perez Garcia 

Defendants.

 /

ORDER GRANTING-IN-PART

TRUSTEE’S OMNIBUS MOTION TO:1) ENTER ORDER TO SHOW CAUSE; 2) 

AWARD SANCTIONS, FEES AND COSTS; 3) COMPEL ATTENDANCE AT 7030 

EXAMINATION DUCES TECUM; 4) PRODUCE DUCES TECUM DOCUMENTS; 5) 

RESPOND TO DISCOVERY REQUESTS; AND, 6) DEEM ADMISSIONS FINAL AND 

ENTER PRESUMPTION IN FAVOR OF TRUSTEE

This matter came on before the Court on August 19th, 2020 at 10:30 a.m., on notice 

to the Parties, for hearing on the Trustee’s Omnibus Motion To: 1) Enter Order To Show 

Laurel M. Isicoff

Chief United States Bankruptcy Judge

___________________________________________________________________________

ORDERED in the Southern District of Florida on August 24, 2020.

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Cause; 2) Award Sanctions, Fees and Costs; 3) Compel Attendance At 7030 

Examination; 4) Produce Duces Tecum Documents; 5) Respond To Discovery Requests; 

And, 6) Deem Admissions Final And Enter Presumption In Favor Of Trustee [ECF No. 

48] (the “Motion”), and the Court, noting the failure of Defendant Ivonne Perez’s counsel,

Jonathan Y. Markhoff, Esq., to appear and represent his client, heard argument and 

proffer by Trustee’s/Plaintiff’s counsel, and based upon the record and applicable law and 

rules, does hereby

FIND, ORDER and ADJUDGE that:

1. The Motion [ECF No. 48] is GRANTED-IN-PART as more fully set forth hereinbelow.

2. As to the Defendant Ivonne Perez: 

a) Defendant Ivonne Perez’s pleadings are stricken;

b) Defendant Ivonne Perez is prohibited from supporting or opposing

designated claims or defenses, and from introducing designated matters 

into evidence; and,

c) The Trustee’s/Plaintiff’s Request for Admissions [ECF No. 25], are 

deemed admitted for all purposes.

3. Furthermore, the Court finds it appropriate in these circumstances to assess all 

fees and costs associated with the Trustee’s efforts to obtain the requested 

discovery set forth in ECF #25 for which Defendant Ivonne Perez did not timely 

respond or otherwise failed to respond to.

4. However, the Court will assess Mr. Markhoff individually for all such fees and

costs incurred by the Trustee after the failure of the Defendant Ivonne Perez to 

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timely and completely respond to the discovery requests in ECF No. 25, which 

would include but not be limited to all fees and costs associated with: 

a) any discovery sought by the Trustee as a result of the failure to 

timely respond to ECF #25;

b) the Motion, and hearing thereon;

c) the 7030 Examination (ECF No. 45), and the instant Hearing;

d) the telephone calls, correspondence/emails, preparation and 

research and all other related efforts and costs incurred by the 

Trustee’s counsel to obtain said discovery.

5. Within fourteen (14) days of entry of this Order, Trustee’s counsel will file a 

Notice with his fees and costs set forth therein or attached thereto for which he 

seeks an award per this Order; and, Mr. Markhoff shall have fourteen (14) days 

after filing of said Notice to either: a) pay same to James B. Miller, Esq.,1 or b) 

make a detailed objection (the “Objection”) to particular fees and/or costs and 

the basis for each such objection.

6. If Markhoff timely files an Objection, the Court will then review the Notice and 

Objection and determine the reasonable award.

7. The Court also reserves to enter further rulings, orders and/or decrees arising 

out of relating to the Motion, this Order and any matters in the Adversary 

Proceeding it deems appropriate, including, but not limited to an order to show 

cause directed at Markhoff.

###

1 If timely paid by Markhoff, Mr. Miller shall file a notice with the Court indicating same.

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Submitted by:

James B. Miller, Esq.

Trustee’s Counsel

19 West Flagler Street, Suite 416

Miami, FL33130

Telephone: (305) 374-0200

Facsimile: (305) 374-0250

email: jbm@title11law.com

(Attorney Miller shall file a certificate of service as to this Order)

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