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UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

 www.flsb.uscourts.gov 

IN RE: Case No. 21-17153-AJC

Chapter 7

SANTIAGO PADILLA OCHOA,

Debtor. 

______________________________________/ 

TRUSTEE’S OMNIBUS MOTION TO COMPEL PRODUCTION FROM 

THIRD-PARTIES AND FOR SANCTIONS

MARCIA T. DUNN, the duly appointed Chapter 7 Trustee (the “Trustee”) for the 

bankruptcy estate of SANTIAGO PADILLA OCHOA (the “Debtor”), by and through 

undersigned counsel and pursuant to Rule 2004, Federal Rules of Bankruptcy Procedure, files this 

Omnibus Motion to Compel Discovery Responses from Third-Parties (the “Motion”) and in 

support thereof states as follows: 

PROCEDURAL BACKGROUND

1. On July 23, 2021 (the “Petition Date”), the Debtor commenced his instant

Bankruptcy case with the filing of an incomplete voluntary petition for an individual debtor 

seeking relief under Chapter 7, Title 11 of the United States Bankruptcy Code. 

2. Marcia T. Dunn was thereafter appointed as the Chapter 7 Trustee of the

Debtor’s bankruptcy estate (the “Estate”).

3. The Debtor’s First Meeting of Creditors pursuant to 11 U.S.C. §341 was held and

concluded September 1, 2021.

RULE 2004 REQUESTS

4. On November 16, 2021, the Trustee filed and served the following third-parties

with a Subpoena for Rule 2004 Examination (the “November 16 Subpoenas”), seeking 

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production of documents relating to its relationship with the Debtor:

a. Records Custodian of E.C.B Commerce L.L.C. [ECF No. 36]

b. Records Custodian of The Wallace Group, P.L. [ECF No. 38]

5. On November 23, 2021, the Trustee filed and served the following third parties

with a Subpoena for Rule 2004 Examination (the “November 23 Subpoenas”) seeking production 

of documents relating to its relationship with the Debtor: 

a. Records Custodian of 244 Wynwood Project Inc [ECF No. 43]

b. Records Custodian of 251 Wynwood Project Corp [ECF No. 44]

c. Records Custodian of 260 Wynwood Project Inc [ECF No. 45]

d. Diego Basile [ECF No. 47]

e. Records Custodian of JV Investment Group LLC [ECF No. 49]

f. Records Custodian of S & S Design Group LLC [ECF No. 50]

(The November 16 Subpoenas and the November 23 Subpoenas are collectively referred to as the 

“Third-Party Subpoenas”)

6. The documents responsive to the November 16 subpoena were due on December 

10, 2021. 

7. The documents responsive to the November 23 Subpoenas were due on December 

17, 20211

.

8. Despite effectuating proper service in compliance with the bankruptcy rules, the 

third parties failed to comply with their respective subpoenas.

9. In good faith and to preserve judicial economy, the Trustee attempted to confer 

with the third-parties via meet-and-confer correspondences, attached hereto as Composite Exhibit 

“A” (the “Meet-and-Confer Letters”). 

10. Despite the Trustee’s faith efforts in obtaining the documents sought in the Rule 2004 

subpoenas, the third parties have again failed to comply in a timely manner. 

1 Diego Basile’s deadline to respond to the Rule 2004 Subpoena was January 4, 2022.

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11. The third parties’ respective failure to produce the information and documentation 

requested by the Trustee is prejudicial to the Trustee's administration of this Estate.

RELIEF REQUESTED

12. Federal Rule of Bankruptcy Procedure 2004 provides in relevant part:

(c) Compelling Attendance and Production of Documentary 

Evidence. The attendance of an entity for examination and for the 

production of documents ... may be compelled as provided in Rule 

9016 for the attendance of a witness at a hearing or trial. 

Fed. R. Bankr. P. 2004(c).

13. Fed. R. Bankr. P. 2004 allows the Trustee to go on a fishing expedition so long as 

the information sought relates to “the acts, conduct, or property or to the liabilities and financial 

condition of the debtor, or to any matter which may affect the administration of the debtor's 

estate....” In re MMH Auto. Group, LLC, 346 B.R. 229, 233 (Bankr. S.D. Fla. 2006) (citing In re 

Wilcher, 56 B.R. 428 (Bankr.N.D.Ill.1985)). 

14. The documents requested under the Third-Party Subpoenas are straightforward, and 

more importantly, squarely within the scope of Fed. R. Bankr. P. 2004 and Fed. R. Civ. P. 45 

(applicable pursuant to Fed. R. Bankr. P. 9016). The Trustee requires such documents to 

administer the bankruptcy Estates and, in particular, understand the financial transactions of the 

Debtor.

15. The Federal Rules of Civil Procedure allow a party to move for an order of 

compulsion when the non-party fails to produce documents or fails to appear at their deposition. 

Fed. R. Civ. P. 45(d)(2)(A)(i). 

16. Here, the Trustee seeks an order compelling each recipient of the Third-Party 

Subpoenas to produce the documents responsive to their respective subpoena pursuant to Fed. R. 

Bankr. P. 2004, 7034, 7037, and 9016. 

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17. In addition to an order compelling the production of documents, each recipient of 

the Third-Party Subpoenas should be required to reimburse the Trustee for her reasonable 

attorneys’ fees and costs in connection with this Motion pursuant to Fed. R. Civ. P. 37(a)(5)(A) 

and 45(applicable pursuant to Fed. R. Bankr. P. 7037). The disregard by each recipient of the 

Third-Party Subpoenas to respond makes an award of attorney’s fees appropriate and just. Upon a 

finding of entitlement, Trustee’s counsel will file an affidavit of attorneys’ fees and costs. 

18. As a further sanction, the Trustee requests that any objections to each recipient of 

the Third-Party Subpoenas, except objections based on the attorney client privilege, be deemed 

waived. 

19. In the event that any third-party herein does not respond to its subpoena within 

fourteen (14) days, the Trustee requests the Court enter an order to show cause as to why any nonresponsive recipient of each recipient of the Third Party Subpoenas should not be further 

sanctioned including, without limitation, additional attorney’s fees and costs, a finding by the 

Court that the non-compliant third party has no documents responsive to its subpoena, and a 

prohibition that the non-compliant third party may not use any documents responsive to its 

subpoena to defend to any action brought by the Trustee against it. 

20. Accordingly, the Trustee seeks entry of an order compelling each recipient of the 

Third-Party Subpoenas to produce all documents under its subpoena within fourteen (14) days of 

an order granting this Motion. 

WHEREFORE, the Trustee respectfully requests this Honorable Court enter an order: 

(1) granting the Trustee’s Motion; 

(2) directing E.C.B Commerce, The Wallace Law Group, 244 Wynwood Project, 

251 Wynwood Project, 260 Wynwood Project, JV Investment Group, S & S 

Design, and Diego Basile, each to produce the requested information and 

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documentation sought by the Trustee pursuant to their respect subpoenas within 

fourteen (14) days the entry of a Court Order;

(3) entering sanctions in the form of attorney’s fees against E.C.B Commerce, The 

Wallace Law Group, 244 Wynwood Project, 251 Wynwood Project, 260 Wynwood 

Project, JV Investment Group, S & S Design, and Diego Basile and waiver of 

objections; and 

(4) granting such other and further relief as this Court deems just and proper.

Respectfully submitted this14th day of February, 2022.

DUNN LAW, P.A.

Counsel for Marcia T. Dunn, Trustee

66 West Flagler Street, Suite 400

Miami, Florida 33130

Tel: 786-433-3866

Fax: 786-260-0269

By: /s/ Michael P. Dunn

Michael P. Dunn, Esq.

Florida Bar No. 100705

 michael.dunn@dunnlawpa.com

Paula A. Martinez, Esq.

Florida Bar No. 1017901

paula.martinez@dunnlawpa.com

CERTIFICATE OF SERVICE

I CERTIFY that a true and correct copy of the foregoing was served via CM/ECF 

notification upon all interested parties registered to receive electronic notices on this matter (which 

is incorporated herein by reference) and via First Class U.S. Mail and Certified Mail to all parties 

on the Service List below on this 14th day of February, 2022.

By: /s/ Michael P. Dunn

 Michael P. Dunn, Esq.

 

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SERVICE LIST

The Wallace Law Group, P.L.

c/o Steven E. Wallace, Managing Member and Registered Agent

2500 Quantum Lakes Drive, Suite 203

Boynton Beach, Florida 33426

E.C.B. Commerce, LLC

c/o Miguel Echeverri, Sr., Managing Member and Registered Agent

1200 NE 134 Street

Miami, Florida 33161

244 Wynwood Project, Inc.

c/o Diego Basile, President

1401 SW 1st Street. Suite 100

Miami, Florida 33135

244 Wynwood Project, Inc.

c/o Sergio Brok, Registered Agent

1401 SW 1st Street. Suite 100

Miami, Florida 33135

251 Wynwood Project, Corp.

c/o Diego Basile, President

1401 SW 1st Street. Suite 100

Miami, Florida 33135

251 Wynwood Project, Corp.

c/o Sergio Brok, Registered Agent

1401 SW 1st Street. Suite 100

Miami, Florida 33135

260 Wynwood Project, Inc.

c/o Diego Basile, President

1401 SW 1st Street. Suite 100

Miami, Florida 33135

260 Wynwood Project, Inc.

c/o Sergio Brok, Registered Agent

1401 SW 1st Street. Suite 100

Miami, Florida 33135

JV Investment Group, LLC

c/o Harvard Business Services, Inc.

16192 Coastal Highway

Lewes, DE 19958

S & S Design Group, LLC

c/o Harvard Business Services, Inc.

16192 Coastal Highway

Lewes, DE 19958

Diego Basile

19370 Collins Avenue, Apt C1425

Sunny Isles Beach, Florida 33160

Diego Basile

1401 SW 1st Street. Suite 100

Miami, Florida 33135

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COMPOSITE EXHIBIT “A”

(Meet and Confer Letters)

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PAULA A. MARTINEZ, ESQ. PAULA.MARTINEZ@DUNNLAWPA.COM

66 WEST FLAGLER STREET, SUITE 400 

MIAMI, FLORIDA 33130 

TEL: 786-433-3866 || FAX: 786-260-0269 

WWW.DUNNLAWPA.COM

VIA U.S. Mail: 

December 21, 2021 

Records Custodian of E.C.B COMMERCE 

L.L.C. 

c/o Miguel Echeverri, Sr., Reg. Agent 

1200 NE 134 Street 

Miami, FL 33161 

RE: In Santiago Padilla Ochoa, Chapter 7 Case No. 21-17153-AJC pending before the 

U.S. Bankruptcy Court for the Southern District of Florida 

Trustee’s Notice of Rule 2004 Examination Duces Tecum of Debtor 

Dear Mr. Echeverri: 

This Firm is counsel for Marcia T. Dunn as Chapter 7 Trustee of the bankruptcy estate of 

Santiago Padilla Ochoa (the “Debtor”) pending before the United States Bankruptcy Court, Southern 

District of Florida (Miami). 

On November 16, 2021, the Trustee served the Records Custodian of E.C.B Commerce 

L.L.C. with the attached Subpoena for documents, and the documents were due December 10, 2021. 

To date, there has been no production, response or objection to the Subpoena. Please accept 

this correspondence as my meet-and-confer letter. 

Please respond to the subpoena on or before December 28, 2021 at 4:00 P.M. (EST). Failure 

to respond may result in the Trustee seeking to enforce the Subpoena by virtue of filing a motion to 

compel, for sanctions, for an order to show cause, and/or other relief under the Bankruptcy Code. 

Nothing set forth herein is intended, nor shall it be deemed, to modify, limit, release, reduce 

or waive any of the Trustee’s rights or remedies, at law or in equity, all of which are specifically 

reserved. I look forward to you responding to the Subpoena and urge you to avoid the additional 

expense of litigation. 

Thank you in advance for your cooperation in this matter. 

Please do not hesitate to contact me at 786-433-3866 or at the email above. 

Sincerely, 

 /s/ Paula A. Martinez 

 Paula A. Martinez, Esq. 

/mdz For the Firm 

Copy: Santiago Padilla Ochoa 

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PAULA A. MARTINEZ, ESQ. PAULA.MARTINEZ@DUNNLAWPA.COM

66 WEST FLAGLER STREET, SUITE 400 

MIAMI, FLORIDA 33130 

TEL: 786-433-3866 || FAX: 786-260-0269 

WWW.DUNNLAWPA.COM

VIA U.S. Mail: 

December 21, 2021 

Records Custodian of The Wallace Law 

Group, P.L. 

c/o Steven E. Wallace, Reg. Agent 

2500 Quantum Lakes Dr., #203 

Boynton Beach, FL 33426 

RE: In Santiago Padilla Ochoa, Chapter 7 Case No. 21-17153-AJC pending before the 

U.S. Bankruptcy Court for the Southern District of Florida 

Trustee’s Notice of Rule 2004 Examination Duces Tecum of Debtor 

Dear Mr. Wallace: 

This Firm is counsel for Marcia T. Dunn as Chapter 7 Trustee of the bankruptcy estate of 

Santiago Padilla Ochoa (the “Debtor”) pending before the United States Bankruptcy Court, Southern 

District of Florida (Miami). 

On November 16, 2021, the Trustee served the Records Custodian of The Wallace Law 

Group, P.L. with the attached Subpoena for documents, and the documents were due December 10, 

2021. 

To date, there has been no production, response or objection to the Subpoena. Please accept 

this correspondence as my meet-and-confer letter. 

Please respond to the subpoena on or before December 28, 2021 at 4:00 P.M. (EST). Failure 

to respond may result in the Trustee seeking to enforce the Subpoena by virtue of filing a motion to 

compel, for sanctions, for an order to show cause, and/or other relief under the Bankruptcy Code. 

Nothing set forth herein is intended, nor shall it be deemed, to modify, limit, release, reduce 

or waive any of the Trustee’s rights or remedies, at law or in equity, all of which are specifically 

reserved. I look forward to you responding to the Subpoena and urge you to avoid the additional 

expense of litigation. 

Thank you in advance for your cooperation in this matter. 

Please do not hesitate to contact me at 786-433-3866 or at the email above. 

Sincerely, 

 /s/ Paula A. Martinez 

 Paula A. Martinez, Esq. 

/mdz For the Firm 

Copy: Santiago Padilla Ochoa 

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