UNITED STATES BANKRUPTCY COURT FOR THE

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

www.flsb.uscourts.gov

In re: Chapter 11 

HARRY BECK GREENHOUSE, Case No.: 21-12844 AJC 

Debtor. 

______________________________/ 

NOTICE OF 2004 EXAMINATION

(Documents Only) 

PLEASE TAKE NOTICE THAT, Subchapter V Trustee Linda Leali will examine 

Thrive Market, Inc. under oath on October 28, 2021, no later than 5:00 

p.m. The examination may continue from day to day until completed. 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. 

The examination is pursuant to Bankruptcy Rule 2004 and Local Rule 2004-1, and will be 

recorded by this method: Production of documents only – no testimony is required at this time. 

The scope of the examination shall be as described in Bankruptcy Rule 2004. Pursuant 

to Local Rule 2004-1 no order shall be necessary. A “Subpoena for Rule 2004 

Examination” is included with this notice. 

Production: The examinee or your representatives, must also bring with you to 

the examination the documents, electronically stored information, or objects described on the 

attached Subpoena and must permit inspection, copying, testing, or sampling of the materials.

Case 21-12844-RAM Doc 277 Filed 10/06/21 Page 1 of 10
DATED: October 6, 2021 

LINDA LEALI, P.A. 

2525 Ponce De Leon Blvd., Suite 300 

Coral Gables, FL 33134 

Telephone: (305) 341-0671 

By: /s/ Linda Leali 

LINDA LEALI

lleali@lealilaw.com 

Florida Bar No. 186686 

Subchapter V Trustee

Case 21-12844-RAM Doc 277 Filed 10/06/21 Page 2 of 10
CERTIFICATE OF SERVICE

I hereby certify that on October 6, 2021, the foregoing was electronically filed with the 

Clerk of Court by using the Court’s CM/ECF system thereby serving all registered users in this 

case. 

By: /s/ Linda Leali 

LINDA LEALI

Florida Bar No. 186686 

Jacqueline Calderin, Esq. on behalf of Debtor Harry Beck Greenhouse 

jc@agentislaw.com, bankruptcy@agentislaw.com;nsocorro@agentislaw.com

Robert P. Charbonneau, Esq. on behalf of Debtor Harry Beck Greenhouse 

rpc@agentislaw.com, 

nsocorro@agentislaw.com;bankruptcy@agentislaw.com;bankruptcy.ecc@ecf.courtdrive.com

Maria Jose Gonzalez on behalf of Creditor Olivia Sampaio Greenhouse

mjg@lsaslaw.com, zbs@lsaslaw.com

Nicole Grimal Helmstetter on behalf of Debtor Harry Beck Greenhouse 

Nicole.helmstetter@bipc.com, marilee.tamesolmedo@bipc.com;kimberly.ecker@bipc.com

James C. Moon, Esq on behalf of Creditor Polychain Fund I LP 

jmoon@melandbudwick.com, 

ltannenbaum@melandbudwick.com;mrbnefs@yahoo.com;jmoon@ecf.courtdrive.com;ltannenba

um@ecf.courtdrive.com;phornia@ecf.courtdrive.com

James C. Moon, Esq on behalf of Creditor Polychain Partners LLC 

jmoon@melandbudwick.com, 

ltannenbaum@melandbudwick.com;mrbnefs@yahoo.com;jmoon@ecf.courtdrive.com;ltannenba

um@ecf.courtdrive.com;phornia@ecf.courtdrive.com

Office of the US Trustee

USTPRegion21.MM.ECF@usdoj.gov

Steven D Schneiderman on behalf of U.S. Trustee Office of the US Trustee

Steven.D.Schneiderman@usdoj.gov

Case 21-12844-RAM Doc 277 Filed 10/06/21 Page 3 of 10
Page 1 of 3 

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

UNITED STATES BANKRUPTCY COURT

Southern District of Florida

In re Harry Beck Greenhouse 

Debtor

Case No. 21-12844 AJC

Chapter 11

SUBPOENA FOR RULE 2004 EXAMINATION

To: Thrive Market, Inc.; 4509 Glencoe Ave; Marina Del Rey, CA 90292

(Name of person to whom the subpoena is directed)

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 DATE AND TIME

(if not produced electronically)

Linda Leali, P.A.

2525 Ponce De Leon Blvd., Suite 300 

October 28, 2021, 

no later than 5:00 pm EST

Coral Gables, FL 33134 

The examination will be recorded by this method: Documents Only – No testimony will be taken

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 A 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: October 5, 2021 

CLERK OF COURT

Signature of Clerk or Deputy Clerk

OR

/s/ Linda Leali

Attorney’s signature

The name, address, email address, and telephone number of the Subchapter V trustee who issues or requests this subpoena, is: 

Linda Leali, Esq; 2525 Ponce De Leon Blvd., Suite 300; Coral Gables, FL 33134; 954-271-0009; LLeali@lealilaw.com

 

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 21-12844-RAM Doc 277 Filed 10/06/21 Page 4 of 10
Page 2 of 3 

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 21-12844-RAM Doc 277 Filed 10/06/21 Page 5 of 10
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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 21-12844-RAM Doc 277 Filed 10/06/21 Page 6 of 10
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SCHEDULE A

INSTRUCTIONS

1. This document request is continuing in nature. If new knowledge or information

comes to your attention, supplement the information supplied in the answers to the document

request as soon as possible.

2. For each and every request herein, produce documents in your possession, custody,

or control which includes, but is not 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. 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.

3. Please organize and label (without permanently marking the item produced) the

documents being produced to correspond with the numbered paragraph and each subset thereof to

which such documents are responsive. If a document is responsive to more than one document

request, each document request to which it is responsive should be identified.

4. 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, identify such documents as completely as possible by providing the following 

information: 

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

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

c. The date of the document;

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

or its recipients;

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

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

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

5. If you withhold any document under a claim of privilege, number such documents,

hold them separately, and retain them intact pending further indication from the requesting party

Case 21-12844-RAM Doc 277 Filed 10/06/21 Page 7 of 10
Page 2 of 4

or a ruling by the Court on the claimed privilege, and provide a privilege log addressing each

document withheld in compliance with applicable rules.

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

you cannot secure responsive documents, 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). 

7. 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 similarintelligence 

appear thereon or are attached thereto, including markings on slips indicating the routing of the 

document to individuals or organizations. 

8. The singular and plural forms, and the masculine, feminine and neutral forms,

should be construed interchangeably so as to bring within the scope of this document request any

information which might otherwise be construed as being outside of the scope of such request.

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

10. For purposes of this request for documents, the single includes the plural, and vice

versa; the masculine includes the feminine and neutral genders, and vice versa; and the word “and” 

includes “or,” and vice versa. None of these words or any others in this request should be

interpreted so as to exclude any information otherwise within the scope of these requests.

11. If the information sought by this request is maintained on, or in, a computer then a

printout of such information is required.

DEFINITIONS

For purposes of responding to the duces tecum portion of the subpoena, the following

definitions shall apply: 

1. “Communication” means the transmittal of information of any kind, in any form

and by any means, and therefore includes, but is not limited to, any telephone conversation, faceto-face meeting or conversation, visit, conference, internal or external discussion, or exchange of

Documents. All written Communications shall include, without limitation, electronic, printed,

typed, handwritten or other readable Documents, correspondence, memos, reports, contracts, both 

initial and subsequent, diaries, logbooks, minutes, notes, studies, surveys, forecasts, emails, text

messages, and instant messages. A Document Request concerning any Communication among or

between specified parties includes a request for any Communication among or between such

parties, whether or not such Communication included or was directed to any other person. 

Case 21-12844-RAM Doc 277 Filed 10/06/21 Page 8 of 10
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2. The term “Document” has the broadest possible meaning under Rule 34 of the

Federal Rules of Civil Procedure. For the avoidance of doubt, Document includes information or

Communications of any kind or nature stored in any medium from which information can be

obtained either directly or after conversion into a reasonably usable form, including any writings;

drawings; graphs; charts; photographs; phonorecords; and electronic, recorded, digitally encoded, 

graphic, and/or other data compilations. The term “Document” includes all originals, translations,

non-identical copies and copies with marginal notations or interlineations. A draft or non-identical

copy is a separate Document within the meaning of this term. The term “Document” also includes 

all Electronically Stored Information (defined below).

3. “Electronically Stored Information” or “ESI” has the broadest possible meaning

under Rule 34 of the Federal Rules of Civil Procedure and refers to all computer or electronically

stored or generated data and information and includes all attachments to and enclosures with any

requested item, and all drafts thereof. “Electronically Stored Information” or “ESI” includes

information stored in any format and on any storage media, including: hard disks; floppy disks;

optical disks; flash memory devices; and magnetic tape, whether fixed, portable, or removable.

“Electronically Stored Information” or “ESI” includes: word-processing Documents; electronic

spreadsheets; electronic presentation Documents; email messages; image files; sound files; and

material or information stored in a database, or accessible from a database. “Electronically Stored

Information” or “ESI” also includes all associated metadata that is maintained or saved, which

includes: a Document’s title or name; file name; date and time of creation; date and time of last

edit; identity of author; identity of owner; identities of editors; identities of recipients; changes;

history of changes; email header information; history of who viewed an email and when; and email

routing information. 

4. “And” and “or” as used herein are terms of inclusion and not of exclusion, and shall

be construed either disjunctively or conjunctively as necessary to bring within the scope of the

request for production of documents any document or information that might otherwise be

construed to be outside its scope.

5. Words and phrases not defined shall have their ordinary and plain meaning within

the context of the Federal Rules of Civil Procedure and the Bankruptcy Rules and in accordance

with the generally accepted meaning accorded such words and phrases in everyday use in the

English language. 

6. Regardless of the tense employed, all verbs shall be read as applying to the past,

present and future as is necessary to make any paragraph more, rather than less, inclusive.

Case 21-12844-RAM Doc 277 Filed 10/06/21 Page 9 of 10
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DOCUMENTS TO BE PRODUCED

1. All documents reflecting the current value of Livewell, LLC’s interest in

Thrive Market, Inc., including, but not limited to, audited financial statements 

and/or the most recent capital account statements.

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