SEQUOR LAW, P.A.

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

www.flsb.uscourts.gov

In re: 

OCEANROAD GLOBAL SERVICES LIMITED, Chapter 15

HOLDWAVE TRADING LIMITED,

Case No.: 21-16133-LMI

Debtors in a Foreign Proceeding. (Jointly Administered)

/

FOURTH NOTICE OF EXAMINATION PURSUANT TO FEDERAL RULE

OF BANKRUPTCY PROCEDURE 2004 AND FOURTH NOTICE OF SUBPOENA

DOCUMENTS ONLY

Nicholas Wood, Colin Diss, and Michael Leeds, the joint liquidators (“Foreign 

Representatives”), by the undersigned attorney, request that Bank of America, N.A., on Friday, 

May 6, 2022 no later than 5:00 p.m. at Sequor Law, attn.: Carolina Z. Goncalves, 1111 Brickell 

Avenue, Suite 1250, Miami, FL 33131, cgoncalves@sequorlaw.com; jleon@sequorlaw.com (if 

produced by mail or electronically or by hand delivery), produce all of the documents as detailed 

in the Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of 

Premises in a Bankruptcy Case Examination included with this Notice, attached hereto and 

incorporated herein.

This request for production of documents is pursuant to Rule 2004, Federal Rules of 

Bankruptcy Procedure, and Local Rule 2004-1, Bankruptcy Rules for the United States 

Bankruptcy Court for the Southern District of Florida. The scope of the request is as described in 

Bankruptcy Rule 2004. Pursuant to Local Rule 2004-1 no order shall be necessary. 

Dated: April 15, 2022

Respectfully submitted,

Case 21-16133-LMI Doc 90 Filed 04/15/22 Page 1 of 10
2

SEQUOR LAW, P.A.

SEQUOR LAW, P.A.

1111 Brickell Avenue, Suite 1250

Miami, Florida 33131

nmiller@sequorlaw.com

cgoncalves@sequorlaw.com

Telephone: (305) 372-8282 

Facsimile: (305) 372-8202

 By: /s/ Carolina Z. Goncalves

Nyana Abreu Miller, Esq.

Fla. Bar No.: 92903

Carolina Z. Goncalves, Esq.

Fla. Bar No.: 124570

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was filed via electronic 

filing using the CM/ECF system with the Clerk of the Court which sent e-mail notification of such 

filing to all CM/ECF participants in this case and via regular US mail to all participants who are 

not on the list to receive e-mail notice/service for this case as indicated on the service list on April 

15, 2022.

By: /s/ Carolina Z. Goncalves

Carolina Z. Goncalves, Esq. 

SERVICE LIST

Electronic Mail Notice List

The following is the list of parties who are currently on the list to receive email notice/service 

for this case. 

 Nyana Abreu Miller, Esq. nmiller@sequorlaw.com; msanchez@sequorlaw.com

 Carolina Z. Goncalves, Esq. cgoncalves@sequorlaw.com; msanchez@sequorlaw.com

 Office of the US Trustee USTPRegion21.MM.ECF@usdoj.gov

Manual Notice List

 (No manual recipients)

Case 21-16133-LMI Doc 90 Filed 04/15/22 Page 2 of 10
Page 1 of 8

LF-84 (rev. 12/01/15)

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

www.flsb.uscourts.gov

In re: 

OCEANROAD GLOBAL SERVICES LIMITED, Chapter 15

HOLDWAVE TRADING LIMITED,

Case No.: 21-16133-LMI

Debtors in a Foreign Proceeding. (Jointly Administered)

/

FOURTH SUBPOENA FOR RULE 2004 EXAMINATION

(Documents Only)

To: Bank of America, N.A.

By Serving: c/o Registered Agent

CT Corporation System

1200 South Pine Island Road

Plantation, FL 33324

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 and Local Rule 2004-1. 

PLACE: (If not produced electronically) DATE AND TIME

 Sequor Law

 1111 Brickell Avenue, Suite 1250 May 6, 2022, no later than 5:00 p.m.

 Miami, FL 33131

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

X 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: 

See Schedule I attached hereto.

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: April 15, 2022

/s/ Carolina Z. Goncalves.

Carolina Z. Goncalves, attorney for Foreign Representatives

1111 Brickell Avenue, Suite 1250, Miami Florida 33131

cgoncalves@sequorlaw.com; jleon@seqourlaw.com

Tel. (305)372-8282

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 21-16133-LMI Doc 90 Filed 04/15/22 Page 3 of 10
Page 2 of 8

LF-84 (rev. 12/01/15)

PROOF OF SERVICE

(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)

I received this subpoena for (name of individual and title, if any):

on (date) .

I served the subpoena by delivering a copy to the named person as follows:

on (date) ; or

I returned the subpoena unexecuted because:

Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also tendered to the 

witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of $ .

My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true and correct. 

Date: 

Server’s signature

Printed name and title

Server’s address

Additional information concerning attempted service, etc.:

Case 21-16133-LMI Doc 90 Filed 04/15/22 Page 4 of 10
Page 3 of 8

LF-84 (rev. 12/01/15)

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.

 For 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 21-16133-LMI Doc 90 Filed 04/15/22 Page 5 of 10
Page 4 of 8

SCHEDULE I

DEFINITIONS AND GENERAL PROVISIONS

As used in this request, the following words shall have the following meanings:

1. “You,” “Your,” or the “Bank” refers to the recipient of this subpoena, and, where 

applicable, its parent companies, affiliates, or subsidiaries acting in any capacity, including as 

trustee, administrative agent, or collateral agent for a Loan (as such term is defined below).

2. “Entity and/or Individual” and/or “Entities and/or Individuals” refer to each of the 

following entities or individuals and extends to any entities or individuals bearing a name of 

similar variation, as well as to any instance in which the Entities or Individuals are reflected as 

having any relation to the matters set forth in the “Document Requests”:

Aperol Spritz Finance Limited Aperol Spritz Finance

Aperol Spritz Finance Ltd

Aperol Spritz Fin Limited

Aperol Spritz Fin Ltd

Aperol Spritz

Aperol Spritz Limited

Aperol Spritz Ltd

Quahog Development Management 

Limited

Quahog Development Management

Quahog Development Management Ltd

Quahog Dev Management Limited

Quahog Dev Management Ltd

Quahog Dev Mgmt Limited

Quahog Dev Mgmt Ltd

Quahog Development Mgmt Limited

Quahog Development Mgtm Ltd

Quahog

Quahog Limited

Quahog Ltd

Four Horsemen Finance Limited Four Horsemen Finance

Four Horsemen Finance Ltd

Four Horsemen Fin Limited

Four Horsement Fin Ltd

Four Horsemen

Four Horsemen Limited

Four Horsemen Ltd

Touchstone Gold Ltd Touchstone Gold Limited

Touchstone Gold

Touchstone Ltd

Case 21-16133-LMI Doc 90 Filed 04/15/22 Page 6 of 10
Page 5 of 8

3. “Account” shall be construed in the broadest sense and shall include all bank 

and/or depository accounts at the Bank, including but not limited to savings, checking, credit 

card, line of credit, investment, brokerage, bond, stock or equity trading, interest bearing, money 

market, certificate of deposit, money market, revolving, or loan, mortgage, or any other account, 

whether open or closed, that is (a) held in the name of any Entity or Individual, (b) in which any 

Entity or Individual is a beneficiary or ultimate beneficial owner, or (c) in which one or more 

Entity and/or Individual is an authorized signatory.

4. “Communication” means any exchange of words, notes, symbols, ideas, or 

thoughts between two or more people by any medium or method, including: hand-written; typed; 

e-mail; text message or via other telephone messaging service such as WhatsApp; recorded 

audio; voice recording; or any other medium or method capable of recording and electronically 

storing a Communication.

5. “Document” shall have the same meaning and scope as “documents or 

electronically stored information” within the meaning of Federal Rule of Civil Procedure 

34(a)(1)(A).

6. “Items” means any checks, wire transfers, drafts or any other document 

evidencing a debit or credit from or to any of the Accounts, respectively, including any 

document memorializing any incoming or outgoing remittances, debit and credit advices, cash 

deposit, or withdrawal, documentation such as SWIFT or any similar payment system, internally 

prepared slips or similar other paperwork, that is payable to or from any of the following or 

references an Entity or Individual.

7. “Loan” or “Loans” means any account at Bank for which Bank issued a loan, 

letter of credit, line(s) of credit, debenture, mortgage, and/or credit of any kind to the Debtors or 

Debtor-Affiliated Individual on behalf of the Debtors, or guaranteed or co-signed by the Debtors

or Debtor-Affiliated Individual on behalf of the Debtors, whether directly or indirectly.

8. “Person” means natural person(s), corporation(s), association(s), partnership(s), 

sole proprietorship(s) or public entity(ies).

9. “Source of Funds” shall mean the exact account that initiates a payment, 

including the name of the account holder, account number, bank name and bank address or 

routing number.

10. The terms “and” and “or” shall be construed conjunctively or disjunctively as is 

necessary to make the request for production inclusive rather than exclusive.

11. The term “any” means “all” and vice versa.

12. The term “including” means including but not limited to.

13. The singular shall be construed to include the plural, and vice versa, to make the 

Request inclusive rather than exclusive.

14. “Related to” or “relating to” means constitute, regarding, refer to, reflect, 

mention, evidence, concern, pertain to, arise out of, summarize, analyze, or be logically or 

factually connected in any way with the matter discussed. 

Case 21-16133-LMI Doc 90 Filed 04/15/22 Page 7 of 10
Page 6 of 8

15. “Relevant Period” refers to the period of time from February 7, 2012 through 

January 1, 2016. Unless otherwise stated, all Requests refer only to the Relevant Period.

16. “CHIPS” shall mean the Clearing House Interbank Payment System, operated by 

the New York Clearing House Association.

17. “SWIFT” shall mean the Society for Worldwide Interbank Financial 

Telecommunications.

18. “Fedwire” means the Federal Reserve’s funds transfer system.

19. As payment messages may not include the exact name of the Entities or 

Individuals, when searching for documents responsive to Document Request Nos. 5 and 6, please 

include payment messages or other Documents that include entities with names substantially 

similar to the names listed above.

20. To the extent applicable to any documents produced in response to this Subpoena, 

please provide an affidavit or certification sufficient to identify such documents as records of a 

regularly conducted activity of a business, organization, or calling, as described in Federal Rules 

of Evidence, Rule 803(6).

21. You are requested to produce all documents that are in your possession, custody, 

or control, including, but not limited to, documents in the possession, custody or control of your 

affiliates, attorneys, consultants, professionals, agents, representatives, employees, subsidiaries, 

sister corporations, parent corporations or any other person or entity acting on your behalf. You 

have the affirmative duty to contact any third party, including the foregoing, from whom you 

have “the legal right to obtain the documents requested upon demand.” Sergeeva v. Tripleton 

Int'l Ltd., 834 F.3d 1194, 1201 (11th Cir. 2016) (affirming order that U.S. company produce 

documents in the physical possession or custody of a foreign affiliate); SeaRock v. Stripling, 736 

F.2d 650, 653–54 (11th Cir. 1984).

22. Documents maintained in electronic form must be produced in their native 

electronic form with all metadata intact. Data must be produced in the data format in which it is 

typically used and maintained. For electronic mail systems using Microsoft Outlook or 

LotusNotes, provide all responsive emails and, if applicable, email attachments and any related 

documents, in their native file format (i.e., .pst for outlook personal folder, .nsf for LotusNotes). 

For all other email systems provide all responsive emails and if applicable, email attachments 

and any related documents in TIFF format.

23. To the extent any electronically stored information, if produced in its native 

format, would be difficult or impossible to review because it would require proprietary or legacy 

software, said electronically stored information should be provided in Image (near-paper) format 

(i.e., .TIFF, or .PDF files) with a corresponding load file utilizing valid field delimiters and text 

qualifiers containing metadata and optical character recognition (OCR) extracted text for said 

electronically stored information named with the document identification (DocID) of its 

corresponding file.

Case 21-16133-LMI Doc 90 Filed 04/15/22 Page 8 of 10
Page 7 of 8

24. To the extent any electronically stored information is a password protected native 

file, the password for the native file should be provided as metadata in a text file named with the 

document identification (DocID) of the corresponding password protected native file.

25. The documents produced pursuant to this Subpoena for production of documents 

are to be segregated and identified by the number of the request to which the documents are 

responsive. 

26. In the event you claim that any document requested is unavailable, lost, 

misplaced, or destroyed, state the following:

a. the date you believe such document became unavailable, lost, misplaced, 

or destroyed; and

b. the reason why such document became misplaced, lost, or destroyed.

27. In the event that you seek to withhold any document on the basis that it is covered 

by privilege, please provide the following information:

a. The name of each author, writer, sender, or initiator of such document or 

thing, if any;

b. The name of each recipient, addressee or party for whom such document 

or thing was intended, if any;

c. The date of such document, if any, or an estimate thereof so indicated if no 

date appears on the document;

d. The general subject matter as described in such document, or, if no such 

description appears, then such other description sufficient to identify said 

document; and

e. The claimed grounds for withholding the document, including, but not 

limited to the nature of any claimed privilege and grounds in support 

thereof.

28. For each request, or part thereof, which is not fully responded to pursuant to a 

privilege, the nature of the privilege and grounds in support thereof should be fully stated, and 

that portion of the document not claimed to be privileged shall be produced.

29. If production of documents or other items required by this Subpoena would be, in 

whole or in part, unduly burdensome, or if the response to an individual request for production 

may be aided by clarification of the request, contact the issuer of this Subpoena, to discuss 

possible amendments or modifications of the Request within five (5) days of receipt of same.

Case 21-16133-LMI Doc 90 Filed 04/15/22 Page 9 of 10
Page 8 of 8

DOCUMENTS REQUESTED

1. For the Relevant Period, and for each Account, all of the following Documents 

regarding such Account:

a. account statements;

b. wire transfer, EFT, or ACH payment requests for payments in an amount greater 

than $500.00;

c. wire transfer, EFT, or ACH payment confirmations, details, or receipts for 

payments in an amount greater than $500.00;

d. cancelled checks (front and back) in an amount greater than $500.00;

e. deposit slips or receipts for any amount greater than $500.00;

f. records reflecting the receipt or delivery of securities;

g. applications for credit, including documentation attached to or provided in 

connection therewith;

h. credit reports;

i. signature cards; and

j. account opening Documents, including, without limitation, Know Your Customer 

Documents.

2. All Documents pertaining to Certificates of Deposit purchased or redeemed by

any Entity and/or Individual.

3. All Documents pertaining to all Cashier's, Manager's, or Bank Checks, Traveler's 

Checks, and Money Orders purchased or negotiated by any Entity and/or Individual.

4. All Currency Transactions Reports (CTR Form 4789) and Reports of International 

Transportation of Currency or Monetary Instruments (Form 4790) filed by you with the 

Department of Treasury, Internal Revenue Service, or the United States Customs Service, 

relating to any currency transactions conducted by or on behalf of any Entity and/or Individual.

5. Logs or spreadsheets listing all wire transfers initiated, originated, credited to, or 

ultimately received by any Entity and/or Individual, during the Relevant Period, in which 

transfers the Bank acted solely as an intermediary bank or correspondent bank to CHIPS, 

Fedwire, or otherwise to facilitate an interbank funds transfer.

6. To the extent not included in Document Request No. 5, logs or spreadsheets of all 

payment messages—whether generated by CHIPS, SWIFT, Fedwire, or any other interbank 

payment service—regarding any wire transfer initiated, originated, credited to, or ultimately 

received by any Entity and/or Individual, in which transfer the Bank acted solely as an 

intermediary bank or correspondent bank to CHIPS, Fedwire, or otherwise to facilitate an 

interbank funds transfer.

Case 21-16133-LMI Doc 90 Filed 04/15/22 Page 10 of 10