UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

www.flsb.uscourts.gov 

In re: 

 Case No. 20-16595-AJC 

ASTOR EB-5, LLC, 

 Chapter 7 

 Debtor. 

 / 

NOTICE OF 2004 EXAMINATION OF SOHO BOUTIQUE ASTOR, LLC, AND 

ISSUANCE OF SUBPOENA DUCES TECUM 

Drew M. Dillworth, court appointed trustee (the “Trustee”) for ASTOR EB-5, LLC, (the 

“Debtor”), by and through counsel hereby gives notice of the issuance of a Subpoena for Rule 

2004 Examination to SOHO Boutique Astor, LLC. The subpoena requires the examination be 

held on December 16, 2021, at 10:00 a.m. (EST) via ZOOM platform. The subpoena requires 

that documents be submitted to the offices of Stearns Weaver, et al., c/o Eric J. Silver, Esq., 

150 W Flagler Street, Suite 2200, Miami, FL 33130 on or before December 2, 2021, at or 

before 4:00 p.m. A copy of the Subpoena attached hereto as Exhibit “1.” 

Dated: November 10, 2021. 

Respectfully submitted, 

/s/ Eric J. Silver 

ERIC J. SILVER, ESQ., FBN: 167835 

esilver@stearnsweaver.com 

STEARNS WEAVER MILLER 

 WEISSLER ALHADEFF & SITTERSON, P.A. 

Museum Tower Building, Suite 2200 

150 West Flagler Street 

Miami, Florida 33130 

Telephone: (305) 789-3200 

Counsel for Trustee Dillworth 

Case 20-16595-AJC Doc 150 Filed 11/10/21 Page 1 of 15
 CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by 

United States mail to all parties listed on this notice and electronically filed with the Clerk of 

Court by using the CM/ECF system which will send a notice of electronic filing to all parties and 

counsel identified on the attached service list attached. 

 /s/ Eric J. Silver, Esq. 

 Eric J. Silver, ESQ. 

Case 20-16595-AJC Doc 150 Filed 11/10/21 Page 2 of 15
 SERVICE LIST 

Case No. 20-16595-AJC 

United States Bankruptcy Court, Southern District of Florida 

The following parties are registered to receive Notice of Electronic Filing and should have been 

served through CM/ECF. 

Geoffrey S. Aaronson 

gaaronson@aspalaw.com

5408891420@filings.docketbird.com

Counsel for Geoffrey S. Aaronson 

Joel M. Aresty, Esq. 

aresty@mac.com

Counsel for Astor EB-5, LLC 

Terrence Ayala 

tcayala@gmail.com 

Counsel for Astor EB-5 Funding, LLC, et al. 

Ricardo Corona, Esq. 

bk@coronapa.com

rcorona@coronapa.com

Counsel for Corona Law Firm, P.A. 

Drew M Dillworth 

ddillworth@swmwas.com

ddillworth@ecf.axosfs.com

marocha@stearnsweaver.com

Trustee 

Joshua W Dobin 

jdobin@melandrussin.com

ltannenbaum@melandbudwick.com

mrbnefs@yahoo.com

ltannenbaum@ecf.courtdrive.com

jdobin@ecf.courtdrive.com

ltannenbaum@ecf.courtdrive.com; 

hornia@ecf.courtdrive.com

Counsel for Astor EB-5 Funding, LLC, et al. 

Dennis A Donet 

dennis.donet@donetlaw.com

Counsel for Dennis A. Donet, PA 

Anna M Gamez 

annie.hernandezgamez@hklaw.com

maria.gonzalez@hklaw.com

Counsel for Soho Boutique Astor LLC 

Office of the US Trustee 

USTPRegion21.MM.ECF@usdoj.gov 

Brian G Rich 

brich@bergersingerman.com

efile@bergersingerman.com

efile@ecf.inforuptcy.com

rperez@bergersingerman.com 

Counsel for 1651 Astor, LLC 

Steven H. Rothstein 

steverothstein@miamibeachfl.gov

Counsel for City of Miami Beach, Florida 

Lawrence M Schantz 

lschantz@aspalaw.com

Counsel for Lawrence M Schantz 

Steven D Schneiderman 

Steven.D.Schneiderman@usdoj.gov

Counsel for U.S. Trustee Office of the US 

Trustee 

Case 20-16595-AJC Doc 150 Filed 11/10/21 Page 3 of 15
#9986129 v1 

Barry O. Chase 

barry@chaselawyers.com

Counsel for STEM, LLC. 

Eric J Silver 

esilver@stearnsweaver.com

jless@stearnsweaver.com

larrazola@stearnsweaver.com 

cgraver@stearnsweaver.com

mfernandez@stearnsweaver.com

Counsel for Trustee Drew M Dillworth 

The following parties were served via First Class Mail on November 10, 2021. 

SOHO Boutique Astor, LLC 

Worldwide Corporate Administrators, LLC 

2330 Ponce De Leon BLVD 

Coral Gables, FL 33134 

SOHO Boutique Astor, LLC 

956 Washington Ave 

Miami Beach, FL 33139 

Miami-Dade County Tax Collector 

c/o Alexis Gonzalez 

200 NW 2nd Avenue, Suite 430 

Miami FL 33128 

Brian Rich 

313 North Monroe Street, Suite 301 

Tallahassee, FL 32301 

The Court Reporter was served via email: 

Ouellette & Mauldin Court Reporters, Inc. 

omctrep@aol.com

Case 20-16595-AJC Doc 150 Filed 11/10/21 Page 4 of 15
#10009673 v1 

Exhibit “1” 

Case 20-16595-AJC Doc 150 Filed 11/10/21 Page 5 of 15
LF-84 (rev. 12/01/15) Page 1 of 3

UNITED STATES BANKRUPTCY COURT

Southern District of Florida, Miami Division 

www.flsb.uscourts.gov 

In re: ASTOR EB-5, LLC, 

Debtor. 

Civil No. 20-16595-AJC 

Chapter 7

SUBPOENA FOR RULE 2004 EXAMINATION DUCES TECUM

To: SOHO Boutique Astor, LLC, c/o, Worldwide Corporate Administrators, LLC, Registered Agent 2330 Ponce De Leon 

BLVD Coral Gables, FL 33134

(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: Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.*

Museum Tower, Suite 2200, 150 West Flagler Street, Miami, FL 33130 

*In light of ongoing restrictions due to COVID-19, the examination may be 

conducted online, such as through Zoom video conference. Please contact the 

attorney below (Eric J. Silver) 3 days prior to the date of the examination to 

confirm the method and location of your examination. You may contact Mr. Silver 

via telephone at (305) 789-4175; or by email to esilver@stearnsweaver.com. A 

Zoom link and other instructions will be sent to all participants who contact Mr. 

Silver. 

The Court Reporter, Ouellette & Mauldin Court Reporters, Inc., 1550 Madruga 

Avenue, Suite 333 - Kendar Building Coral Gables, FL 33146, will need a copy 

of the witness's driver's license or State ID card sent before depo (the driver's 

license number can be redacted, except for the last three numbers). Also, the 

witness must have the same driver's license or ID card available on the date of the 

deposition.

DATE AND TIME: 

December 16, 2021 at 10:00 a.m. 

Note: As requested below, the Examinee 

must furnish the documents identified on the 

attached Exhibit “A” on or before December 

2, 2021, at 4:00 p.m. (EST)

The examination will be recorded by this method: stenographically and via Zoom video conference 

Production: You, or your representatives, must also furnish the documents, electronically stored information, or 

objects, and must permit inspection, copying, testing, or sampling of the material, identified on the attached Exhibit A, to 

Stearns Weaver, et al, c/o Eric J. Silver Esq., 150 West Flagler Street, Suite 2200, Miami, FL 33130, on or before 

December 2, 2021 at 4:00 p.m. (EST). 

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: November 10, 2021 

CLERK OF COURT 

 

Signature of Clerk or Deputy Clerk 

OR 

/s/ Eric J. Silver 

Attorney’s Signature 

The name, address, e-mail address, and telephone number of the attorney representing Drew M. Dillworth, Chapter 7 

Trustee for Astor EB-5, LLC who issues or requests this subpoena, is: Eric J. Silver, Esq., esilver@stearnsweaver.com, 150 

West Flagler Street, Suite 2200, Miami, FL 33130; Main: (305) 789-3200; Direct: (305) 789-4175. 

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 20-16595-AJC Doc 150 Filed 11/10/21 Page 6 of 15
LF-84 (rev. 12/01/15) Page 2 of 3

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. 

Date: 

Server’s signature 

 

Printed name and title 

 

Server’s address 

Additional information concerning attempted service, etc.: 

Case 20-16595-AJC Doc 150 Filed 11/10/21 Page 7 of 15
LF-84 (rev. 12/01/15) Page 3 of 3 

#9986094 v1 

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 trialpreparation 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 20-16595-AJC Doc 150 Filed 11/10/21 Page 8 of 15
EXHIBIT “A” 

Case No. 20-16595-AJC 

DEFINITIONS AND INSTRUCTIONS 

For the purposes of responding to each of the document requests set forth below, the 

following definitions and instructions should be followed: 

1. “Bankruptcy Case” means the chapter 7 bankruptcy case styled In re Astor EB-5, 

LLC, Case No. 20-16595-AJC. 

2. “Communications” means any transmittal of information by any means or any 

response thereto by any means. 

3. “Concerning” means, directly or indirectly, in whole or in part, containing, 

constituting, contradicting, controverting, corroborating, demonstrating, describing, 

discussing, disputing, embodying, evidencing, identifying, memorializing, mentioning, 

pertaining to, proving, rebutting, recording, refuting, referring to, reflecting, relating to, 

showing, substantiating, summarizing, supporting, arising out of or in connection with, or in 

any way legally, logically, or factually connected with. 

4. “Debtor” means Astor EB-5, LLC, TIN: 46-0917208. 

5. “Document” means any writing, recording, electronically stored information, 

photograph, or other tangible or intangible thing from which information may be obtained or 

derived, including, without limitation: original or exact copies of any tangible written, typed, 

printed, electronic, photographed, or other form of recorded or graphic matter of every kind or 

description, however produced or reproduced, whether mechanically or electronically 

recorded, draft, final, original, reproduction, signed or unsigned, regardless of whether 

approved, signed, sent, received, redrafted, or executed, and whether handwritten, typed, 

printed, photostatted, duplicated, carbon or otherwise copied or produced in any other manner 

Case 20-16595-AJC Doc 150 Filed 11/10/21 Page 9 of 15
2 

whatsoever. Without limiting the generality of the foregoing, “document” shall include 

communications, correspondence, letters, telegrams, telexes, mailgrams, e-mails, text 

messages, instant messaging records or logs, calendars, diaries, memoranda (including 

interoffice memoranda, intraoffice memoranda, memoranda for files, and memoranda of 

telephone, meeting, or other conversations), notes or notations, minutes, booklets, books, 

drawings, graphs, charts, telephone records, telephone messages, voicemail messages, video 

cassettes, electronic tapes, microfilms, discs or other recordings, computer programs, printouts, 

data cards, studies, analysis and other data compilations from which information can be 

obtained. Copies of documents which are not identical duplications of the original, or which 

contain additions to or deletions from the originals, or copies of documents which are identical 

duplications of the originals if the originals are not available, shall be considered to be separate 

documents. The term also refers to and includes all metadata associated with the subject 

document. 

6. “Person” means the singular or plural natural person, corporation, partnership, 

association, organization, government (including all instrumentalities, officers, agents, and 

subdivisions thereof), and all other business, legal, or artificial entities. 

7. “Petition Date” means June 17, 2020. 

8. “Request” means a request contained in the SPECIFIC REQUESTS section, infra. 

9. “Commercial Contract” means that certain Commercial Contract by and between 

Astor EB-5 LLC, as seller, and SOHO Boutique Astor, LLC, as buyer, effective as of 

November 1, 2019, and as amended from time to time, including without limitation that certain 

First Amendment to Commercial Contract effective as of November 1, 2019, that certain 

Second Amendment to Commercial Contract effective as of November 27, 2019, that certain 

Case 20-16595-AJC Doc 150 Filed 11/10/21 Page 10 of 15
3 

Third Amendment to Commercial Contract effective as of December 16, 2019, and that certain 

Fourth Amendment to Commercial Contract effective as of February 19, 2020. 

10. “Pre-Occupancy Agreement” means that certain Pre-Occupancy Agreement by and 

between Astor EB-5 LLC, as seller, and SOHO Boutique Astor, LLC, as buyer, dated as of 

November 1, 2019, and as amended from time to time, including without limitation that certain 

First Amendment to Pre-Occupancy Agreement effective as of November 27, 2019, that 

certain Second Amendment to Pre-Occupancy Agreement effective as of December 16, 2019, 

and that certain Third Amendment to Pre-Occupancy Agreement effective as of February 19, 

2020. 

11. “The Astor Hotel” means the business commonly known as The Astor Hotel 

located at 956 Washington Avenue, Miami Beach, Florida. 

12. “You” and “Your” means SOHO Boutique Astor, LLC or any of its agents or 

representatives, including Ohana Hostel or Inversan Brokers. 

INSTRUCTIONS 

1. The documents covered by the Requests include all documents in your possession, 

custody, or control, regardless of whether such documents or materials are possessed directly by 

you or your professionals, advisors, directors, officers, partners, associates, subsidiaries, affiliates, 

successors, accountants, investigators, managers, members, shareholders, representatives, 

employees, attorneys, agents, third party cloud providers, and any other persons or entities acting 

on your behalf or under your control. 

Case 20-16595-AJC Doc 150 Filed 11/10/21 Page 11 of 15
4 

2. Each Request shall be deemed to be continuing in nature. If at any time additional 

documents come into your possession, custody, or control or are brought to your attention, prompt 

supplementation of your response to the Requests is required. 

3. Documents shall be produced in the manner in which they are maintained in the 

usual course of the business. The documents shall be organized and labeled to correspond with 

the categories in the Requests. Each Request for a document shall be deemed to include a request 

for any and all file folders within which the document was contained, transmittal sheets, cover 

letters, exhibits, enclosures, or attachments to the document, in addition to the document itself. 

4. Documents shall be produced in such fashion as to identify the department, branch, 

or office in which they were located and, where applicable, the natural person in whose possession 

it was found and the business address of each document’s custodian(s). Each page produced in 

response to these Requests shall be stamped with a unique prefix, or otherwise identified, such that 

the source of each page or document produced is apparent. At a minimum, the entity producing 

the document shall be apparent. 

5. As to any document requested but withheld based on your assertion of any privilege 

or immunity, please set forth: (i) the title of the document; (ii) the type of document (e.g., letter, 

note, memorandum, etc.); (iii) the date of the document; (iv) the subject matter of the document; 

(v) the identities of all persons who authored the document, or assisted in its preparation, or in 

whose name the document was prepared; (vi) the identities of all persons to whom the document 

was addressed; (vii) the identities of all other persons to whom the document was sent, or who 

received, have seen, have had possession or custody of, or have had disclosed to them the contents 

of, the document or any copies thereof; and (viii) sufficient information regarding the grounds for 

withholding the document to explain the claim of privilege or immunity. 

Case 20-16595-AJC Doc 150 Filed 11/10/21 Page 12 of 15
5 

6. If any document requested herein has been destroyed or lost, provide in lieu of the 

true and correct copy thereof a description of the document so lost or destroyed, together with the 

following information: (i) the date of the document; (ii) a brief description of the document; 

(iii) the author of the document; (iv) the date upon which the document was destroyed or lost; and 

(v) a brief statement regarding the manner in which the document was lost or destroyed. 

7. Documents attached to each other shall not be separated. 

8. Any word written herein in the singular shall be construed as plural or vice versa 

as necessary in order to bring within the scope of the Request all documents that might otherwise 

be construed to be outside its scope. 

9. The terms “and” as well as “or” shall be construed disjunctively or conjunctively 

as necessary to bring within the scope of the Request all documents that might otherwise be 

construed to be outside its scope. 

10. The terms “all” and “each” shall be construed as “all and each.” 

11. If any copy of any document for which production is sought, whether a draft or a 

final version, is not identical to any other copy thereof, by reason of alterations, notes, comments, 

initials, underscoring, indication of routing or other material contained thereon or attached thereto, 

such non-identical copy shall be produced separately. 

12. If you consider any term in any Request to be vague or capable of more than one 

meaning, identify the meaning you are ascribing to such term, then respond to the Request as 

construed with such word given such meaning. 

13. Each Request shall be construed independently. No Request should be construed 

by reference to any other Request for the purpose of limiting the scope of response to such Request 

unless stated otherwise. 

Case 20-16595-AJC Doc 150 Filed 11/10/21 Page 13 of 15
6 

RELEVANT TIME PERIOD 

Unless otherwise stated, the “Relevant Time Period” for the Requests is from four (4) years 

prior to the Petition Date to the Petition Date. 

ELECTRONICALLY STORED INFORMATION 

The Requests call for the production of electronically stored information (“ESI”) and ESI 

shall be produced in native form. In searching for electronic documents responsive to these 

Requests, you shall search for all such electronic documents regardless of the form in which the 

document exists or the location in which it is stored. Among other places, you shall search for 

electronic documents stored on all servers, networks, hard drives, desktop computers, notebook 

computers, personal digital devices, all back-up storage tapes, and with any third party cloud 

providers. 

SPECIFIC REQUESTS:

1. All Documents and Communications regarding negotiation of Commercial Contract. 

2. All Documents and Communications regarding negotiation of Pre-Occupancy Agreement. 

3. All Documents and Communications evidencing any payments made by You to or for the 

benefit of the Debtor. 

4. All Documents and Communications evidencing any payments made by You to or for the 

benefit of The Astor Hotel. 

5. All Documents and Communications evidencing any payments made by You under the 

Commercial Contract. 

6. All Documents and Communications evidencing any payments made by You under the 

Pre-Occupancy Agreement. 

Case 20-16595-AJC Doc 150 Filed 11/10/21 Page 14 of 15
7 

7. All Documents and Communications regarding any agreements between You and any third 

parties regarding The Astor Hotel. 

8. All Documents and Communications evidencing your performance of any contractual 

obligations under the Commercial Contract. 

9. All Documents and Communications evidencing your performance of any contractual 

obligations under the Pre-Occupancy Agreement. 

10. All Documents and Communications evidencing or related to any deposits under the 

Commercial Contract. 

11. All Documents and Communications evidencing any consideration provided to the Debtor 

in exchange for Your use of The Astor Hotel. 

12. All Documents and Communications concerning Your operation of The Astor Hotel. 

13. All Documents and Communications evidencing any revenue of The Astor Hotel during 

the Pre-Occupancy Agreement. 

14. All Documents and Communications related to Your termination of the Commercial 

Contract. 

15. All Documents and Communications related to Your termination of the Pre-Occupancy 

Agreement. 

Case 20-16595-AJC Doc 150 Filed 11/10/21 Page 15 of 15