1

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

www.flsb.uscourts.gov

In re: Case No.: 22-12790-EPK

Chapter 7

EXCELL AUTO GROUP, INC.,

Debtor.

_________________________________/

NOTICE OF INTENT TO SERVE SUBPOENA

PLEASE TAKE NOTICE, pursuant to Rule 45(a)(4) of the Federal Rules of Civil 

Procedure, made applicable to this proceeding pursuant to Rule 2004 of the Federal Rules of 

Bankruptcy Procedure, and Local Rule 2004-1, that Nicole Testa Mehdipour, Trustee, chapter 7

trustee, by and through undersigned counsel, intends on serving the subpoena in the form enclosed 

with this notice on American Express Company and American Express Travel Related Services 

Company, Inc., on May 26, 2022, or as soon thereafter as service can be effected.

FURR AND COHEN, P.A.

Attorneys for Chapter 7 Trustee 

2255 Glades Road, Suite 419A

Boca Raton, FL 33431

(561) 395-0500/Fax: 561-338-7532

By: /s/ Jason S. Rigoli 

Jason S. Rigoli, Esq.

Florida Bar No. 091990

Email: jrigoli@furrcohen.com

Case 22-12790-EPK Doc 113 Filed 05/26/22 Page 1 of 15
Case 22-12790-EPK Doc 113 Filed 05/26/22 Page 2 of 15
LF-84 (rev. 12/01/21)

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 22-12790-EPK Doc 113 Filed 05/26/22 Page 3 of 15
LF-84 (rev. 12/01/21)

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 trial-preparation 

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, see Fed. R. Civ. P. 45(a) Committee Note (2013)

Case 22-12790-EPK Doc 113 Filed 05/26/22 Page 4 of 15
1 

EXHIBIT “A” 

I. Instructions

A. Time Period: Unless otherwise stated herein, the time period encompassed by this 

Notice is from April 8, 2018 up to an including the date of the production of the documents by 

you. With respect to the requests relating to any operating agreements, shareholder agreements, 

partnership agreements, or any other agreements or documents relating to the formations, 

governance, and/or operation of any entity, the time period for that request shall be from formation 

of the entity to the present.

B. Duty to Supplement: This Document request is continuing in nature and when new 

knowledge or information comes to the attention of the Debtor, the information supplied in the 

answers to the Document request shall be supplemented forthwith. 

C. Scope of Requests: For each and every Request herein, you shall produce 

Documents in your possession, custody, or control within the meaning of Rule 2004 of the Federal 

Rules of Bankruptcy Procedure, including but be limited to Documents, objects or articles 

described that are in your possession or that you have the right to secure the original or a copy 

from another person or entity. The fact that your investigation is continuing or discovery is 

incomplete is not an excuse for your failure to respond to each request as fully and completely as 

possible. Your responses should consist of information known to you through yourself, your agents, 

your attorneys, your employees, or your representatives. All Documents produced pursuant to this 

request are to be produced as they are kept in the usual course of business and shall be organized 

and labeled (without permanently marking the item produced) to correspond with the categories 

of each numbered request hereof. If copies or drafts exist of a Document, the production of which 

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

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

D. Lost Documents: If you at any time 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, such Documents shall be identified as completely as possible, 

including: 

1. The names of the authors of the Document; 

2. The names of the persons to whom the Documents or copies were sent; 

3. The date of the Document; 

4. The date on which the Document was received by each addressee, copyee or its 

recipients;

5. A description of the nature and subject matter of the Document that is as

complete as possible;

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

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

E. Claim of Privilege: With respect to any Document that Debtor withholds under 

claim of privilege, the Debtor shall number such Documents, hold them separately, and retain them 

intact pending a ruling by the Court on the claimed privilege. In addition, the Debtors shall provide 

a statement, signed by an attorney representing the Debtor, setting forth as to each such Document:

Case 22-12790-EPK Doc 113 Filed 05/26/22 Page 5 of 15
2 

1. The names of the senders of the Document; 

2. The names of the authors of the Document; 

3. The names of the persons to whom the Document or copies were sent; 

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

5. The date of the Document; 

6. The date on which the Document was received by each addressee, copyee or its 

recipient;

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

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

F. Responses: If you cannot, after exercising due diligence to secure or produce the 

Document(s) requested, you must identify which Request(s) that you do not have any responsive 

Documents for, and answer the request for production to the fullest extent possible, specifying 

your inability to produce the Document(s), providing the identity of the person who has possession, 

custody, or control of the requested Document(s). 

G. Definitions: All words in this request for production shall have their plain, ordinary 

and common meanings unless specifically defined below in the Definition section of this Notice.

H. Duplicate Copies: Copies of Documents which are identical duplicates of other 

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

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

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

indicating the routing of the Document to individuals or organizations. 

I. Inclusive Construction: Generally, each request should be construed to bring within 

the scope of the request any Documents or information that might otherwise be construed as 

outside of the scope. For example, the singular form of any word includes the plural, and vice 

versa; the words “and” and “or” shall be construed interchangeably; the words “any” and “all” 

shall be construed interchangeably; the past tense of any word incorporates the present tense and 

vice versa; the use of any gender encompasses the other gender; and, the use of the word “including” 

shall be construed as illustrating and not excluding. 

II. Definitions

A. “Petition Date” means April 8, 2022. 

B. “Bankruptcy Case” means the above captioned bankruptcy case. 

C. “Debtor” means Excell Auto Group, Inc., as well as any other person acting for the 

benefit of on behalf of Excell Auto Group, Inc. 

D. “Karma of Broward” means Karma of Broward, Inc., FEI/EIN Number 85-

0531887, a Florida corporation, as well as any other person acting for the benefit of on behalf of 

Karma of Broward, Inc. 

Case 22-12790-EPK Doc 113 Filed 05/26/22 Page 6 of 15
3 

E. “Karma of Palm Beach” means Karma of Palm Beach, Inc., FEI/EIN Number 30-

1246034, a Florida corporation, as well as any other person acting for the benefit of on behalf of 

Karma of Palm Beach, Inc. 

F. “Document(s)” means information in all stored or communicated forms. With 

respect to all electronically stored information, “Document(s)” shall expressly be deemed to include 

such items in their native electronic form unless expressly stated otherwise. The meaning of 

“Document(s)” shall be construed as broadly as permitted by the Federal Rules of Civil Procedure.

G. “Communication(s)” means any act or process imparting, express, or exchanging 

information in any manner or form.

H. “Affiliated” means being in close formal or informal association; related. 

I. “Affiliate(s)” shall have the meaning ascribed in 11 U.S.C. § 101(2) (2019).

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

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

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

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

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

tends to prove or disprove. 

DOCUMENTS REQUESTED

1. All Documents and communications pertaining to each open or closed account(s)

in the name of Debtor, over which the Debtor has or had signatory authority, or to which the Debtor 

is otherwise associated including, but not limited to: 

a. Signature cards (request is from the date each account was opened);

b. Account opening documents (request is from date each account was opened); 

c. Corporate board authorization minutes or partnership resolutions (request is from 

before the date any such account was opened); and 

d. Statements; 

2. All Documents and communications pertaining to each open or closed account(s)

in the name of Karma of Broward, over which the Karma of Broward has or had signatory authority, 

or to which the Karma of Broward is otherwise associated including, but not limited to: 

a. Signature cards (request is from the date each account was opened);

b. Account opening documents (request is from date each account was opened); 

c. Corporate board authorization minutes or partnership resolutions (request is from 

before the date any such account was opened); and

Case 22-12790-EPK Doc 113 Filed 05/26/22 Page 7 of 15
4 

d. Statements; 

3. All Documents and communications pertaining to each open or closed account(s)

in the name of Karma of Palm Beach, over which the Karma of Palm Beach has or had signatory

authority, or to which the Karma of Palm Beach is otherwise associated including, but not limited 

to: 

a. Signature cards (request is from the date each account was opened);

b. Account opening documents (request is from date each account was opened); 

c. Corporate board authorization minutes or partnership resolutions (request is from 

before the date any such account was opened); and

d. Statements; 

### 

Case 22-12790-EPK Doc 113 Filed 05/26/22 Page 8 of 15
Case 22-12790-EPK Doc 113 Filed 05/26/22 Page 9 of 15
LF-84 (rev. 12/01/21)

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 22-12790-EPK Doc 113 Filed 05/26/22 Page 10 of 15
LF-84 (rev. 12/01/21)

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 trial-preparation 

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, see Fed. R. Civ. P. 45(a) Committee Note (2013)

Case 22-12790-EPK Doc 113 Filed 05/26/22 Page 11 of 15
1 

EXHIBIT “A” 

I. Instructions

A. Time Period: Unless otherwise stated herein, the time period encompassed by this 

Notice is from April 8, 2018 up to an including the date of the production of the documents by 

you. With respect to the requests relating to any operating agreements, shareholder agreements, 

partnership agreements, or any other agreements or documents relating to the formations, 

governance, and/or operation of any entity, the time period for that request shall be from formation 

of the entity to the present.

B. Duty to Supplement: This Document request is continuing in nature and when new 

knowledge or information comes to the attention of the Debtor, the information supplied in the 

answers to the Document request shall be supplemented forthwith. 

C. Scope of Requests: For each and every Request herein, you shall produce 

Documents in your possession, custody, or control within the meaning of Rule 2004 of the Federal 

Rules of Bankruptcy Procedure, including but be limited to Documents, objects or articles 

described that are in your possession or that you have the right to secure the original or a copy 

from another person or entity. The fact that your investigation is continuing or discovery is 

incomplete is not an excuse for your failure to respond to each request as fully and completely as 

possible. Your responses should consist of information known to you through yourself, your agents, 

your attorneys, your employees, or your representatives. All Documents produced pursuant to this 

request are to be produced as they are kept in the usual course of business and shall be organized 

and labeled (without permanently marking the item produced) to correspond with the categories 

of each numbered request hereof. If copies or drafts exist of a Document, the production of which 

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

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

D. Lost Documents: If you at any time 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, such Documents shall be identified as completely as possible, 

including: 

1. The names of the authors of the Document; 

2. The names of the persons to whom the Documents or copies were sent; 

3. The date of the Document; 

4. The date on which the Document was received by each addressee, copyee or its 

recipients;

5. A description of the nature and subject matter of the Document that is as

complete as possible;

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

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

E. Claim of Privilege: With respect to any Document that Debtor withholds under 

claim of privilege, the Debtor shall number such Documents, hold them separately, and retain them 

intact pending a ruling by the Court on the claimed privilege. In addition, the Debtors shall provide 

a statement, signed by an attorney representing the Debtor, setting forth as to each such Document:

Case 22-12790-EPK Doc 113 Filed 05/26/22 Page 12 of 15
2 

1. The names of the senders of the Document; 

2. The names of the authors of the Document; 

3. The names of the persons to whom the Document or copies were sent; 

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

5. The date of the Document; 

6. The date on which the Document was received by each addressee, copyee or its 

recipient;

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

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

F. Responses: If you cannot, after exercising due diligence to secure or produce the 

Document(s) requested, you must identify which Request(s) that you do not have any responsive 

Documents for, and answer the request for production to the fullest extent possible, specifying 

your inability to produce the Document(s), providing the identity of the person who has possession, 

custody, or control of the requested Document(s). 

G. Definitions: All words in this request for production shall have their plain, ordinary 

and common meanings unless specifically defined below in the Definition section of this Notice.

H. Duplicate Copies: Copies of Documents which are identical duplicates of other 

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

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

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

indicating the routing of the Document to individuals or organizations. 

I. Inclusive Construction: Generally, each request should be construed to bring within 

the scope of the request any Documents or information that might otherwise be construed as 

outside of the scope. For example, the singular form of any word includes the plural, and vice 

versa; the words “and” and “or” shall be construed interchangeably; the words “any” and “all” 

shall be construed interchangeably; the past tense of any word incorporates the present tense and 

vice versa; the use of any gender encompasses the other gender; and, the use of the word “including” 

shall be construed as illustrating and not excluding. 

II. Definitions

A. “Petition Date” means April 8, 2022. 

B. “Bankruptcy Case” means the above captioned bankruptcy case. 

C. “Debtor” means Excell Auto Group, Inc., as well as any other person acting for the 

benefit of on behalf of Excell Auto Group, Inc. 

D. “Karma of Broward” means Karma of Broward, Inc., FEI/EIN Number 85-

0531887, a Florida corporation, as well as any other person acting for the benefit of on behalf of 

Karma of Broward, Inc. 

Case 22-12790-EPK Doc 113 Filed 05/26/22 Page 13 of 15
3 

E. “Karma of Palm Beach” means Karma of Palm Beach, Inc., FEI/EIN Number 30-

1246034, a Florida corporation, as well as any other person acting for the benefit of on behalf of 

Karma of Palm Beach, Inc. 

F. “Document(s)” means information in all stored or communicated forms. With 

respect to all electronically stored information, “Document(s)” shall expressly be deemed to include 

such items in their native electronic form unless expressly stated otherwise. The meaning of 

“Document(s)” shall be construed as broadly as permitted by the Federal Rules of Civil Procedure.

G. “Communication(s)” means any act or process imparting, express, or exchanging 

information in any manner or form.

H. “Affiliated” means being in close formal or informal association; related. 

I. “Affiliate(s)” shall have the meaning ascribed in 11 U.S.C. § 101(2) (2019).

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

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

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

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

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

tends to prove or disprove. 

DOCUMENTS REQUESTED

1. All Documents and communications pertaining to each open or closed account(s)

in the name of Debtor, over which the Debtor has or had signatory authority, or to which the Debtor 

is otherwise associated including, but not limited to: 

a. Signature cards (request is from the date each account was opened);

b. Account opening documents (request is from date each account was opened); 

c. Corporate board authorization minutes or partnership resolutions (request is from 

before the date any such account was opened); and 

d. Statements; 

2. All Documents and communications pertaining to each open or closed account(s)

in the name of Karma of Broward, over which the Karma of Broward has or had signatory authority, 

or to which the Karma of Broward is otherwise associated including, but not limited to: 

a. Signature cards (request is from the date each account was opened);

b. Account opening documents (request is from date each account was opened); 

c. Corporate board authorization minutes or partnership resolutions (request is from 

before the date any such account was opened); and

Case 22-12790-EPK Doc 113 Filed 05/26/22 Page 14 of 15
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d. Statements; 

3. All Documents and communications pertaining to each open or closed account(s)

in the name of Karma of Palm Beach, over which the Karma of Palm Beach has or had signatory

authority, or to which the Karma of Palm Beach is otherwise associated including, but not limited 

to: 

a. Signature cards (request is from the date each account was opened);

b. Account opening documents (request is from date each account was opened); 

c. Corporate board authorization minutes or partnership resolutions (request is from 

before the date any such account was opened); and

d. Statements; 

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Case 22-12790-EPK Doc 113 Filed 05/26/22 Page 15 of 15