UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

FORT LAUDERDALE DIVISION 

www.flsb.uscourts.gov 

In re: Chapter 11 Cases 

LIBERTY POWER HOLDINGS, LLC, Case No. 21-13797-SMG 

LPT, LLC, Case No. 21-15537-SMG 

LIBERTY POWER MARYLAND, LLC, Case No. 21-15539-SMG 

LIBERTY POWER DISTRICT OF 

COLUMBIA, LLC, Case No. 21-15540-SMG 

Debtors. (Jointly administered 21-13797-SMG) 

__________________________________/ 

DEBTORS’ RE-NOTICE OF TAKING BANKRUPTCY RULE 2004 EXAMINATION 

DUCES TECUM OF DAVID HERNANDEZ 

 Liberty Power Holdings, LLC (“Holdings”), LPT, LLC (“LPT“), Liberty Power of 

Maryland, LLC (“Liberty Maryland”) and Liberty Power District of Columbia, LLC (“Liberty 

DC”) (collectively the “Debtors”), by and through counsel, and pursuant to Rule 2004 of the 

Federal Rules of Bankruptcy Procedure, will examine the following person(s) under oath, at the 

following date, time and location (the “Examination”): 

EXAMINEE: David Hernandez 

DATE: June 7, 2022 

TIME: 9:30 a.m. 

LOCATION: Genovese, Joblove & Battista, P.A. 

 100 SE 2nd Street, Suite 4400 

 Miami, Florida 33131 

The Examination is being conducted by Federal Rules of Bankruptcy Procedure 2004 

and Local Rule 2004-1. The Examination will be taken before an officer authorized to record the 

testimony by stenographic or other means. If the Examinee requires an interpreter, it is the 

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Examinee’s responsibility to engage the employment of such interpreter to be present at the 

Examination. 

The Examination is being taken for the purpose of discovery, for use at trial, or both of 

the foregoing, or for such other purposes as are permitted under the Federal Rules of Bankruptcy 

Procedure and other applicable law, and shall continue day to day until completed. If the 

Examinee receives this notice less than fourteen (14) days prior to the scheduled examination 

date, the Examination will be rescheduled upon timely request to a mutually agreeable time. Any 

objection must be heard prior to the taking of the Examination.

REQUEST FOR PRODUCTION OF DOCUMENTS 

The Examinee shall produce those documents, records and ESI (collectively, the 

“Documents”) listed in the attached Exhibit “A” to Paul J. Battista, Esq., Genovese, Joblove & 

Battista, P.A., 100 SE 2nd Street, Suite 4400, Miami, Florida 33131, no later than 12:00 noon on 

June 1, 2022. 

Dated: May 12, 2022. 

Respectfully submitted,

GENOVESE JOBLOVE & BATTISTA, P.A. 

 Counsel to Debtors-in-Possession 

100 Southeast Second Street, Suite 4400 

 Miami, Florida 33131 

 Telephone: (305) 349-2300 

 Facsimile: (305) 349-2310 

 By: /s/Paul J. Battista 

 Paul J. Battista, Esq. 

Florida Bar No. 884162 

pbattista@gjb-law.com 

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EXHIBIT “A” 

INSTRUCTION AND DEFINITIONS 

 Unless otherwise specified, the following words and terms as used herein shall, when 

utilized, mean as follows: 

I. INSTRUCTIONS 

A. This document request is continuing in nature. When new knowledge or 

information comes to your attention you shall supplement the information supplied in the 

answers to the document request forthwith. 

B. For each and every document request herein (each a “Request”), you shall 

produce documents in your possession, custody, or control which shall include, but not be 

limited to, documents, objects or articles described that are in your possession or for which you 

have the right to secure the original or a copy from another person or entity. The fact that your 

investigation is continuing or discovery is incomplete is not an excuse for your failure to respond 

to each Request as fully and completely as possible. Your responses should consist of 

information known to you through yourself, your agents, your attorneys, your employees, or 

your representatives. All documents produced pursuant to this Request are to be produced as 

they are kept in the usual course of business, and shall be organized and labeled (without 

permanently marking the item produced) so as to correspond with the categories of each 

numbered Request hereof. If copies or drafts exist of a document, the production of which has 

been requested herein, produce and submit for inspection and copying each and every copy and 

draft which differs in any way from the original document or from any copy or draft. 

C. If at any time you had possession, custody, or control of any document requested 

herein, and such document has been lost, destroyed, discarded, or is not presently in your 

possession, any such documents shall be identified as completely as possible by providing the 

following information: 

1. The name(s) of the author(s) of the document; 

2. The name(s) of the person(s) to whom the documents or copies were sent; 

3. The date of the document; 

4. The date on which the document was received by each addressee, copyee, 

or its recipients; 

5. A complete description of the nature and subject matter of the document; 

6. The date on which the document was lost, discarded, or destroyed; and 

7. The manner in which the document was lost, discarded, or destroyed. 

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D. With respect to any document that deponent withholds under claim of privilege, 

the deponent shall number such documents, hold them separately, and retain them intact pending 

a ruling by the Court on the claimed privilege. In addition, the deponent shall provide a 

statement, signed by an attorney representing the deponent, setting forth as to each such 

document: 

1. The name(s) of the sender(s) of the document; 

2. The name(s) of the author(s) of the document; 

3. The name(s) of the person(s) to whom the document or copies were sent; 

4. The job title of every person named in subparagraphs 1, 2 and 3 above; 

5. The date of the document; 

6. The date on which the document was received by each addressee, person 

copied, or its recipient; 

7. A brief description of the nature and subject matter of the document; and 

8. The statute, rule, or decision which is claimed to give rise to the privilege. 

E. If, after exercising due diligence to secure or produce the document(s) requested, 

you cannot secure responsive documents, you must identify which Request(s) for which you do 

not have a responsive document, and answer the Request for production to the fullest extent 

possible, specifying your inability to produce the document(s), and providing the identity of the 

person who has possession, custody, or control of the requested document(s). 

F. All words, names, and terms in this request for production shall have their plain 

and ordinary meanings unless specifically defined in Part II herein. 

G. Copies of documents which are identical duplicates of other documents which 

have already been produced for inspection and copying in this action need not be produced 

again, except that the duplicates must be produced if handwritten or any other type of notes or 

similar intelligence appear thereon or are attached thereto, including markings on slips indicating 

the routing of the document to individuals or organizations. 

H. The singular and plural forms shall be construed interchangeably so as to bring 

within the scope of any Request any information which might otherwise be construed as being 

outside of the scope of such Request. 

I. The words “and” and “or” shall be construed as both conjunctive and 

disjunctive, so that a series of persons or things joined by the words “and” and “or” shall refer to 

any, all, or any combination of them. 

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J. The words “any” and “all” shall be construed to bring within the scope of any 

Request any information which might be construed to relate to the subject matter of the Request. 

K. The terms “concerning,” “concerns,” or any other derivative thereof, as used 

herein includes referring to, responding to, relating to, pertaining to, connected with, 

comprising, memorializing, commenting on, regarding, discussing, showing, describing, 

reflecting, analyzing and constituting. 

L. The terms “support,” “evidence,” “relate to,” “relating to,” “related to,” 

“referred to,” “concerning,” “pertaining to,” and “regarding” shall mean anything which 

directly, or indirectly, concerns, consists of, pertains to , reflects, evidences, describes, sets forth, 

constitutes, contains, shows, underlies, supports, refers to in any manner, is or was used in the 

preparation of, appended to, legally, logically or factually connected with, proves, disproves, or 

tends to prove or disprove. 

M. The use of the singular form of any word includes the plural and vice versa. 

N. Any pronouns used herein shall include and be read and applied as to encompass 

the alternative forms of the pronoun, whether masculine, feminine, neuter, singular or plural, and 

shall not be interpreted so as to exclude any information or documents otherwise within the 

scope of any Request. 

O. All other names or terms herein not specifically defined or identified shall have 

the same meaning as is commonly understood and referred to by and among the parties. 

P. Unless otherwise stated in a particular Request for production, the relevant time 

period of these Requests is January 1, 2020 to the present, and shall include all documents 

which relate or refer to this period even though prepared before or subsequent to such period. 

II. DEFINITIONS 

1. “Akerman” shall refer to Akerman, LLP and each of its shareholders, partners, 

associates, attorneys, employees, agents and independent contractors, including, 

without limitation, Michael Goldberg, Esq. 

2. “BETM” shall mean Boston Energy Trading and Marketing, LLC. 

3. “Chapter 11 Cases” shall refer to those certain voluntary chapter 11 cases filed

by the Debtors in the United States Bankruptcy Court for the Southern District of 

Florida under Case Nos. 21-13797-SMG, 21-15537-SMG, 21-15539-SMG and 

21-15540-SMG. 

4. “Communication” and “Communications” shall interchangeably mean any oral 

or written statement, dialogue, colloquy, discussion or conversation or exchange 

of information of any type, and any transfer of thoughts or ideas between any two 

or more persons, including but not limited to documents, telephone or face-to-face 

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conversations, meetings, conferences, or transfer of data from one location to 

another by electronic or similar means. 

5. “Correspondence” shall mean any and all letters, facsimiles, transmitted 

memoranda, memorialized oral communications, e-mails (and attachments 

thereto), or other communications or documents exchanged or transmitted with 

another person or entity. 

6. “Daire” shall mean Alberto Daire. 

7. “Debtors” shall mean Liberty Power Holdings, LLC (“Holdings”) LPT, LLC 

(“LPT“), Liberty Power of Maryland, LLC (“Liberty Maryland”) and Liberty 

Power District of Columbia, LLC (“Liberty DC”) (collectively the “Debtors”) or 

anyone acting or purporting to act on behalf of the Debtors. 

8. “Default Notices” shall mean, without limitation, (i) that certain Notice of 

Potential Event of Default for Failure to Pay, dated March 26, 2021, provided by 

BETM to Liberty Power Holdings, LLC, and (ii) that certain Notice of Event of 

Default, dated March 31, 2021 from BETM to Liberty Power Holdings, LLC. 

9. “Deponent”, “examinee”, “you”, and “your” shall mean David Hernandez. 

10. The terms “Document” or “documents” means any writing or recording as 

defined in Rule 1001 of the Federal Rules of Evidence, including but not limited 

to the original and any identical or non-identical copy or draft or revision thereof, 

regardless of origin or location, of any writing or record of any type or 

description, including, but not limited to: the original and any copy, of any text 

message, book, pamphlet, periodical, letter, memorandum, telegram, report, 

study, handwritten or other note, working paper, chart, paper graph, index, tape, 

disc, data sheet or data processing card, correspondence, table, analysis, schedule, 

diary, message (including, but not limited to, reports of electronic mail or 

telephone conversations or conferences), magazine, booklet, circular, bulletin, 

instruction, minutes, purchase order, bill of lading, bid tabulation, memorandum 

of agreement, assignment, license, book of account, order, invoice, statement, bill 

(including, but not limited to, telephone bills), check, voucher, notebook, film, 

photograph, photograph negative, phone record, tape recording, wire recording, 

phonorecord, transcript or recordings, drawing, catalog, brochure, or any other 

data compilations in any format (including computer hard drives, discs, diskettes, 

compact disk, digital files, any other storage and retrieval media and the like) 

from which information can be obtained, printed, transcribed, punched, taped or 

filed; graphic matter, however produced or reproduced, to which the responding 

party has or has had access; and any record or notes of other communications 

(including interoffice, intra-office communications, electronic memoranda, 

voicemail messages and all other oral communications) and specifically including 

ESI, Correspondence and Communications (each as defined herein). All ESI is to 

be produced in a native format. 

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11. The term “ESI” means any electronically stored information, including emails

(and attachments thereto), text messages, writings, drawings, graphs, charts, 

photographs, documents, sound recordings, images, and other data or data 

compilations-stored in any medium from which information can be obtained 

either directly or, if necessary, after translation by the responding party into a 

reasonably usable form as defined in Rules 26 and 34 of the Federal Rules of 

Civil Procedure and Rule 1001 of the Federal Rules of Evidence.

12. “Event of Default” shall mean any event of default (A) referred to in the Default 

Notices, or (B) under (i) that certain Supply and Services Agreement, dated July 

6, 2020, by and among Liberty Power Holdings, LLC and Boston Energy Trading 

and Marketing, LLC (the “SSA”), and (ii) any and all loan, security and other 

documents executed and delivered in connection with the SSA. 

13. “Gordian Group” shall mean Gordian Group, LLC and each of its members, 

managers, partners, associates, attorneys, employees, agents and independent 

contractors, including without limitation, Kaufman. 

14. “Halpern” shall mean Martin Halpern. 

15. “Kaufman” shall mean Peter S. Kaufman. 

16. “Mezzanine Loan” shall mean that certain loan made by you to the Debtors in 

the original principal amount of $5,000,000 on or about July 6, 2020. 

17. “Mezzanine Loan Documents” shall mean those certain loan and security 

documents evidencing and securing the Mezzanine Loan, including, without 

limitation (i) that certain Mezzanine Loan Agreement, dated as of July 6, 2020, by 

and among you, Halpern and the Debtors, (ii) that certain Promissory Note, dated 

July 6, 2020, from the Debtors to you in the original principal amount of 

$5,000,000, (iii) that certain Security Agreement dated as of July 6, 2020, from 

the Debtors to you, (iv) that certain Warrant for Common Units, dated July 6, 

2020, issued to you, and (iv) that certain Intercreditor Agreement, dated as of July 

6, 2020, by and among BETM, Halpern, you, the Debtors and Shell Energy North 

America (US), L.P. 

18. “Mintz” shall mean Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. and 

each of its shareholders, partners, associates, attorneys, employees, agents and 

independent contractors. 

19. “ParentCo” shall mean Liberty Power Corp. 

20. “Person” shall mean any natural person, individual, proprietorship, partnership, 

corporation, association, organization, joint venture, business trust, or other 

business enterprise, governmental body or agency, legal or business entity, or 

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group of natural persons, or other entity, whether sui juris or otherwise and 

includes both the singular and plural. 

21. “Possession, custody, or control” as used herein shall have the same meaning as 

in Rule 34(a) of the Federal Rules of Civil Procedure. 

22. “Relevant Time Period” as used herein shall mean from January 1, 2020

through the present unless a different time period is requested in any particularly 

Request. 

23. “Termination Notice” means the Notice of Termination of Guaranty dated April 

12, 2021 and issued by Mitsubishi Corporation to Liberty Power Holdings, LLC. 

24. “Viner” shall mean Derik Viner. 

25. “Winter Storm URI” shall mean the winter storm named Uri that occurred in 

North America, and in particular the State of Texas, on or about February 13 

through February 19, 2021. 

26. Each and every definition as set forth in Bankruptcy Code Section 101 and 

Bankruptcy Rule 9001 are incorporated herein by reference. 

III. DOCUMENTS REQUESTED1

THE DEPONENT SHALL PRODUCE THE FOLLOWING DOCUMENTS: 

1. All Documents in your possession, custody and/or control relating to Mezzanine 

Loan, including involving the terms thereof, and/or the development and/or 

negotiation of such terms, in each case whether between you and Halpern, you 

and any of the Debtors, you and Mintz, you and Gordian, you and Kaufman, you 

and BETM and/or you and any other Person. 

2. All Documents in your possession, custody and/or control relating to Mezzanine 

Loan Documents, including all drafts thereof and/or involving the terms thereof, 

and/or the development and/or negotiation of such terms, in each case whether 

between you and Halpern, you and any of the Debtors, you and Mintz, you and 

Gordian, you and Kaufman, you and BETM and/or you and any other Person. 

3. All Documents in your possession, custody and/or control relating to your 

appointment (and acceptance thereof) to the Board of Managers of Holdings, 

including between you and Halpern, you and any of the Debtors, you and Mintz, 

you and Gordian, you and Kaufman, you and BETM and/or you and any other 

Person. 

 

1 To the extent any or all Documents responsive to the Requests are in electronic format, please contact the issuing 

attorney to make arrangements for their production.

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4. All Documents in your possession, custody and/or control relating to any 

meetings of the Board of Managers of Holdings, including any notices of 

meetings and/or any board materials presented to the Board of Managers in 

connection with any meetings. 

5. All Documents in your possession, custody and/or control relating to any 

meetings of the Board of Managers/Directors of ParentCo, including any notices 

of meetings and/or any board materials presented to the Board of 

Managers/Directors in connection with any meetings. 

6. All Documents in your possession, custody and/or control relating to any action 

taken or not taken by the Debtors resulting from any meeting of the Board of 

Managers of Holdings. 

7. All Documents in your possession, custody and/or control relating to any action 

taken or not taken by the ParentCo resulting from any meeting of the Board of 

Managers/Directors of ParentCo. 

8. All Documents in your possession, custody and/or control that you either sent or 

received in your capacity as a member of the Board of Managers of Holdings. 

9. All Documents in your possession, custody and/or control that you either sent or 

received in your capacity as a member of the Board of Managers/Directors of 

ParentCo. 

10. All Documents in your possession, custody and/or control relating to any minutes 

of meetings of the Board of Managers for Holdings. 

11. All Documents in your possession, custody and/or control relating to any minutes 

of meetings of the Board of Managers/Directors for ParentCo. 

12. All Documents in your possession, custody and/or control relating to the financial 

condition of the Debtors, including reports of management, financial statements, 

tax returns or other similar items. 

13. All Documents in your possession, custody and/or control relating to any 

payments made to you under the Mezzanine Loan. 

14. All Documents in your possession, custody and/or control relating to any 

payments or transfers of property made to you by one or more of the Debtors for 

any reason other than on the Mezzanine Loan, including as a member of the 

Board of Managers of Holdings. 

15. All Documents in your possession, custody and/or control relating to any 

payments or transfers of property made to you by ParentCo for any reason. 

16. All Documents in your possession, custody and/or control which relate to or 

concern the Default Notices (or any of them). 

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17. All Documents in your possession, custody and/or control which relate to or 

concern the Termination Notice. 

18. All Documents in your possession, custody and/or control which relate to or 

concern the Events of Default (or any of them). 

19. All Documents in your possession, custody and/or control which relate to or 

concern Communications between you and any of the Debtors (or any of their 

representatives), Gordian, Kaufman, ParentCo, Akerman, Mintz, Halpern, Daire, 

and/or Viner related to or involving the Default Notices (or any of them). 

20. All Documents in your possession, custody and/or control which relate to or 

concern Communications between you and any of the Debtors (or any of their 

representatives), Gordian, Kaufman, ParentCo, Akerman, Mintz, Halpern, Daire, 

Viner related to or involving the Termination Notice. 

21. All Documents in your possession, custody and/or control which relate to or 

concern Communications between you and any of the Debtors (or any of their 

representatives), Gordian, Kaufman, ParentCo, Akerman, Mintz, Halpern, Daire, 

and/or Viner related to or involving the Events of Default (or any of them). 

22. All Documents in your possession, custody and/or control which relate to or 

concern Communications between you and any of the Debtors (or any of their 

representatives), Gordian, Kaufman, ParentCo, Akerman, Mintz, Halpern, Daire, 

and/or Viner related to or involving negotiations with BETM or its representatives 

in respect of the Default Notices (or any of them), the Events of Default and/or 

the resolution of the issues related thereto. 

23. All Documents in your possession, custody and/or control which relate to or 

concern Communications between you and any of the Debtors (or any of their 

representatives), Gordian, Kaufman, ParentCo, Akerman, Mintz, Halpern, Daire, 

and/or Viner related to or involving fiduciary duties owed to any of the Debtors. 

24. All Documents in your possession, custody and/or control which relate to or 

concern Communications between you and any of the Debtors (or any of their 

representatives), Gordian, Kaufman, ParentCo, Akerman, Mintz, Halpern, Daire, 

and/or Viner related to or involving any demands on behalf of ParentCo or any 

other Person for the payment of monies or other benefits from BETM and/or any 

of the Debtors. 

25. All Documents in your possession, custody and/or control which relate to or 

concern Communications between you and any of the Debtors (or any of their 

representatives), Gordian, Kaufman, ParentCo, Akerman, Mintz, Halpern, Daire, 

and/or Viner related to or involving any requests made of BETM for weekly 

disbursements. 

26. All Documents in your possession, custody and/or control which relate to or 

concern Communications between you and any of the Debtors (or any of their 

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representatives), Gordian, Kaufman, ParentCo, Akerman, Mintz, Halpern, Daire, 

and/or Viner related to or involving the filing of a bankruptcy proceeding or other 

insolvency proceeding by one or more of the Debtors. 

27. All Documents in your possession, custody and/or control which relate to or 

concern Communications between you and any of the Debtors (or any of their 

representatives), Gordian, Kaufman, ParentCo, Akerman, Mintz, Halpern, Daire, 

and/or Viner related to or involving the Chapter 11 Cases of the Debtors. 

28. All Documents in your possession, custody and/or control which relate to or 

concern Communications between you and any of the Debtors (or any of their 

representatives),Gordian, Kaufman, ParentCo, Mintz, Halpern, Daire, and/or 

Viner related to or involving any hearings in the Chapter 11 Cases of the Debtors. 

29. All Documents in your possession, custody and/or control which relate to or 

concern Communications between you and any of the Debtors (or any of their 

representatives), Gordian, Kaufman, ParentCo, Akerman, Mintz, Halpern, Daire, 

and/or Viner related to or involving the termination of the employees of ParentCo 

on or about April 18, 2021. 

30. All Documents in your possession, custody and/or control which relate to or 

concern Communications between you and any of the Debtors (or any of their 

representatives), Gordian, Kaufman, ParentCo, Akerman, Mintz, Halpern, Daire, 

and/or Viner related to or involving the filing of any insolvency proceeding, 

bankruptcy proceeding, assignment for the benefit of creditors or similar 

proceeding on behalf of ParentCo. 

31. All Documents in your possession, custody and/or control which relate to or 

concern any matter involving any one of the Debtors. 

32. All Documents in your possession, custody and/or control which relate to or 

concern any matter involving ParentCo. 

33. All Documents in your possession, custody and/or control which relate to or 

concern any matter involving Mintz. 

34. All Documents in your possession, custody and/or control which relate to or 

concern any matter involving Gordian or Kaufman. 

35. All Documents that you received from any person, including any of the Debtors 

(or any of their representatives), Gordian, Kaufman, ParentCo, Akerman, Mintz, 

Halpern, Daire, and/or Viner, related to any one of the Debtors or any matter 

involving any one of the Debtors. 

36. All Documents in your possession, custody and/or control which relate to or 

concern any professional or other advice given by any Person to any one of the 

Debtors, Gordian, Kaufman, ParentCo, Akerman, Mintz, Halpern, Daire, and/or 

Viner related to any one of the Debtors or any matter involving any one of the 

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Debtors. 

37. All Documents in your possession, custody and/or control which relate to or 

concern any professional or other advice given to you by Gordian involving any 

one of the Debtors or any matter involving any one of the Debtors. 

38. All Documents in your possession, custody and/or control which relate to or 

concern any professional or other advice given to you by Mintz involving any one 

of the Debtors or any matter involving any one of the Debtors. 

39. All Documents in your possession, custody and/or control relating to the terms 

and/or scope of Mintz’ retention or engagement by the Debtors or any one of 

them for the provision of legal services, including but not limited to, all retention 

and engagement letters or agreements (including drafts). 

40. All of the files (hard copy and electronic copy) you maintain in connection with 

or involving any one of the Debtors or any matter related to any one of the 

Debtors. 

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