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UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

WEST PALM BEACH DIVISION

www.flsb.uscourts.gov

In Re:

Case No.: 22-12790-EPK

EXCELL AUTO GROUP, INC. Chapter 7

Debtor.

/

NOTICE OF INTENT TO SERVE SUBPOENA

PLEASE TAKE NOTICE that 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 Franklin Capital Funding, LLC (“Secured 

Creditor”), by and through undersigned counsel, intends on serving the attached subpoena upon 

the Chapter 7 Trustee herein, Nicole Testa Mehdipour (“Trustee”) on June 3, 2022, or as soon 

thereafter as service can be effected.

CERTIFICATE OF SERVICE

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

Notice of Electronic Filing by CM/ECF to all parties registered to receive such service in this case 

on this the 3

rd day of June 2022.

Respectfully Submitted,

SHRAIBERG PAGE, P.A.

Attorney for Franklin Capital Funding, LLC

2385 NW Executive Center Drive, #300

Boca Raton, Florida 33431

Telephone: 561-443-0800 

Facsimile: 561-998-0047

Email: bss@slp.law

By: /s/ Bradley S. Shraiberg

Bradley S. Shraiberg

Florida Bar No. 121622

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UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

WEST PALM BEACH DIVISION 

www.flsb.uscourts.gov

In Re: 

Case No.: 22-12790-EPK 

EXCELL AUTO GROUP, INC. Chapter 7 

Debtor. 

/

SUBPOENA FOR RULE 2004 EXAMINATION

To: Nicole Testa Mehdipour, Trustee, c/o Furr & Cohen, P.A., 2255 Glades Rd, Ste 419A, Boca Raton, FL 33431 

(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

The examination will be recorded by this method: _________________________________________________ 

 X Production: YOU ARE COMMANDED to produce the following documents, electronically stored 

information, or objects, and must permit inspection, copying, testing, or sampling of the material at the time, date, 

and place set forth below (if different from that of the examination): See attached Exhibit “A”

PLACE 

 SHRAIBERG PAGE, P.A. 

 2385 NW Executive Center Dr., #300 

 Boca Raton, FL 33431 

DATE AND TIME 

 June 20, 2022 by 5:00pm 

(Description of documents, electronically stored information, or objects) 

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: 6/3/2022 

CLERK OF COURT 

OR

__________________________ ____________________________ 

Signature of Clerk or Deputy Clerk Attorney’s signature

The name, address, email address, and telephone number of the attorney representing Franklin Capital 

Funding, LLC who issues or requests this subpoena, are: Bradley S. Shraiberg, Esq., Shraiberg Page, P.A., 

2385 NW Executive Center Dr., #300, Boca Raton, FL 33431 / Email: bss@slp.law and dwoodall@slp.law / 

 (561) 443-0800

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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). 

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.: 

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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) 

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UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

WEST PALM BEACH DIVISION

www.flsb.uscourts.gov

In Re:

Case No.: 22-12790-EPK

EXCELL AUTO GROUP, INC. Chapter 7

Debtor.

/

EXHIBIT A

DEFINITIONS

1. The term “Debtor” shall include EXCELL AUTO GROUP, INC., and/or any 

person acting on behalf of the Debtor, and any principal, attorney, paralegal, or other person or 

entity, currently or formerly employed by, retained by or affiliated with Debtor who performed 

services in connection with the Debtor’s bankruptcy case.

2. “You” and “Your” shall mean Nicole Testa Mehdipour, Trustee.

3. “Trustee” means Nicole Testa Mehdipour, solely in her capacity as chapter 7 trustee 

of the estate of the Debtor.

4. “Franklin” shall mean Franklin Capital Funding, LLC.

5. The term “document” or “documents” shall mean any page(s) or file(s) produced 

manually or by a software application constituting any storage or communication of information 

including, but not limited to, writings, drawings, graphs, charts, photographs, sound recordings, 

images, or any other data or data compilations. A draft or non-identical copy is a separate 

“document” within the meaning of this term.

6. The term “communication” means every manner of means of disclosure, transfer, 

or exchange of information, whether in person, by telephone, mail, email, chat, instant message, 

text message, personal delivery, or otherwise.

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INSTRUCTIONS

1. This request incorporates by reference and is governed by Bankruptcy Rules 7030 

and 7034 and the Local Rule 2004-1.

2. You are to furnish all information available to you, and to Debtor’s attorneys, 

accountants, agents or other representatives and employees, or any information subject to Debtor’s 

custody or control, in answering the document requests herein.

3. Unless otherwise agreed, all documents produced shall be originals and in the form 

that they are maintained in the ordinary course of business.

4. If any information required to be produced in response to any request is withheld 

because you claim such information is privileged or is contained in a privileged document, please 

identify the following with respect to each such document:

(a) the nature of the privilege which is being claimed;

(b) the type of document;

(c) the general subject matter of the document;

(d) the date of the document;

(e) the author of the document;

(f) the addressee of the document; and

(g) where not apparent, the relationship of the author to the addressee.

5. In the event that any document called for by this schedule has been (i) destroyed, 

discarded, and/or (iii) removed from the requested files prior to production on grounds other than 

privilege, please identify the following with respect to each such document:

(a) the name and current address of the person who prepared the document and the

person to whom it was addressed;

(b) any indicated or blind copies;

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(c) the document’s date, subject matter, number of pages, and attachments; and

(d) the person(s) who authorized and/or carried out such destruction and/or removal.

6. This request is continuing, and any document obtained or located subsequent to the 

production which would have been produced had it been available or its existence known at the 

time is to be supplied forthwith.

RELEVANT TIME PERIOD

Unless otherwise indicated, the time period relevant to these requests is February 1, 2022 

to the present.

DOCUMENT REQUESTS

1. All documents received by you relating to bank accounts owned by or used by the 

Debtor or its owners.

2. All documents received by you relating to the automobiles owned or possessed by 

the Debtor at any time after February 1, 2022 through the present, including subsequent to filing 

the instant bankruptcy.

3. All documents received by you from third parties, either informally, or pursuant to 

2004 notices and subpoenas issued to any party, including but not limited to the Debtor, Level One 

Bank, Chase Bank, and the Florida Department of Motor Vehicles.

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