1

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 SERVICE OF SUBPOENAS FOR RULE 2004 EXAMINATIONS 

Chapford Specialty Finance LLC and Chapford Credit Opportunities Fund LP 

(collectively, “Chapford”), hereby give notice of the issuance of a Subpoenas for Rule 2004 

Examinations to Kristen Noel Zankl and Scott Thomas Zankl in the form attached as Composite 

Exhibit 1. 

Dated: June 7, 2022. 

/s/James C. Moon 

James C. Moon, Esquire 

Florida Bar No. 938211 

jmoon@melandbudwick.com

MELAND BUDWICK, P.A. 

3200 Southeast Financial Center 

200 South Biscayne Boulevard 

Miami, Florida 33131 

Telephone: (305) 358-6363 

Facsimile: (305) 358-1221 

Attorneys for Chapford Specialty Finance LLC 

and Chapford Credit Opportunities Fund LP 

 

 

Case 22-12790-EPK Doc 144 Filed 06/07/22 Page 1 of 24
  

   

2

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that a true and correct copy of the foregoing was served on June 7, 

2022, via the Court’s Notice of Electronic Filing upon Registered Users listed on the attached 

Exhibit 2 and served via Regular U.S. Mail upon the parties listed on the Manual Notice List 

By: /s/James C. Moon

James C. Moon, Esq. 

Florida Bar No. 938211 

jmoon@melandbudwick.com 

MELAND BUDWICK, P.A. 

3200 Southeast Financial Center 

200 South Biscayne Blvd. 

Miami, Florida 33131 

Telephone: (305) 358-6363 

Facsimile: (305) 358-1221 

Counsel for Chapford Specialty Finance 

LLC and Chapford Credit Opportunities 

Fund LP

Case 22-12790-EPK Doc 144 Filed 06/07/22 Page 2 of 24
UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

www.flsb.uscourts.gov 

In re:

 Chapter 7 

EXCELL AUTO GROUP, INC., 

 

 Debtor. Case No. 22-12790-EPK

_________________________________/

SUBPOENA FOR RULE 2004 EXAMINATION DUCES TECUM

To: Kristen Noel Zankl

c/o Aaron A. Wernick, Esq. 

Wernick Law, PLLC

2255 Glades Rd., Suite 324A

Boca Raton, FL 33431

x 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 regarding the topics set forth on Exhibit A of this Subpoena. 

PLACE: 

Veritext Legal Solutions Remote 

Videoconference

DATE AND TIME:

 

July 6, 2022 at 10:00 a.m. (EDT) 

The examination will be recorded by this method: Upon oral examination before a Notary Public or 

other officer authorized by law to take the depositions in the State of Florida. 

 Production: You, or your representatives, must also bring with you to the examination the following 

documents, electronically stored information, or objects, and must permit inspection, copying, testing, or

sampling of the material regarding the requests set forth on Exhibit A of this Subpoena on June 24, 2022.

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.

Dated: June 7, 2022. 

CLERK OF COURT

Signature of Clerk or Deputy Clerk OR

Attorney’s Signature

James. C. Moon

Composite Exhibit 1

Case 22-12790-EPK Doc 144 Filed 06/07/22 Page 3 of 24
The name, address, email address, and telephone number of the attorney representing Chapford Specialty Finance 

LLC and Chapford Credit Opportunities Fund LP (collectively, “Chapford”), who issues or requests this subpoena, 

is: 

James C. Moon, Esquire

Florida Bar No. 938211

jmoon@melandbudwick.com

MELAND BUDWICK, P.A. 

3200 Southeast Financial Center

200 South Biscayne Boulevard

Miami, Florida 33131

Telephone: (305) 358-6363

 Telecopy: (305) 358-1221

 

 

 

 

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 22-12790-EPK Doc 144 Filed 06/07/22 Page 4 of 24
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 144 Filed 06/07/22 Page 5 of 24
Federal Rule of Civil Procedure 45(c), (d), (e), and (g) (Effective 12/1/13)

(made applicable in bankruptcy cases by Rule 9016, Federal Rules of Bankruptcy Procedure)

(c) Place of compliance.

(1) For a Trial, Hearing, or Deposition. A subpoena may command a 

person to attend a trial, hearing, or deposition only as follows:

(A) within 100 miles of where the person resides, is employed, or

regularly transacts business in person; or

(B) within the state where the person resides, is employed, or regularly 

transacts business in person, if the person

(i) is a party or a party’s officer; or

(ii) is commanded to attend a trial and would not incur substantial 

expense.

(2) For Other Discovery. A subpoena may command:

(A) production of documents, or electronically stored information, or 

things at a place within 100 miles of where the person resides, is employed,

or regularly transacts business in person; and

(B) inspection of premises, at the premises to be inspected.

(d) Protecting a Person Subject to a Subpoena; Enforcement.

(1) Avoiding Undue Burden or Expense; Sanctions. A party or 

attorney responsible for issuing and serving a subpoena must take 

reasonable steps to avoid imposing undue burden or expense on a person 

subject to the subpoena. The court for the district where compliance is 

required must enforce this duty and impose an appropriate sanction —

which may include lost earnings and reasonable attorney's fees — on a 

party or attorney who fails to comply.

(2) Command to Produce Materials or Permit Inspection.

(A) Appearance Not Required. A person commanded to produce 

documents, electronically stored information, or tangible things, or to

permit the inspection of premises, need not appear in person at the place of

production or inspection unless also commanded to appear for a deposition, 

hearing, or trial.

(B) Objections. A person commanded to produce documents or tangible

things or to permit inspection may serve on the party or attorney designated 

in the subpoena a written objection to inspecting, copying, testing or 

sampling any or all of the materials or to inspecting the premises — or to 

producing electronically stored information in the form or forms requested. 

The objection must be served before the earlier of the time specified for 

compliance or 14 days after the subpoena is served. If an objection is made, 

the following rules apply:

(i) At any time, on notice to the commanded person, the serving party 

may move the court for the district where compliance is required for an 

order compelling production or inspection.

(ii) These acts may be required only as directed in the order, and the 

order must protect a person who is neither a party nor a party's officer from

significant expense resulting from compliance.

(3) Quashing or Modifying a Subpoena.

(A) When Required. On timely motion, the court for the district where 

compliance is required must quash or modify a subpoena that:

(i) fails to allow a reasonable time to comply;

(ii) requires a person to comply beyond the geographical limits 

specified in Rule 45(c);

(iii) requires disclosure of privileged or other protected matter, if no 

exception or waiver applies; or

(iv) subjects a person to undue burden.

(B) When Permitted. To protect a person subject to or affected by a 

subpoena, the court for the district where compliance is required may, on

motion, quash or modify the subpoena if it requires:

(i) disclosing a trade secret or other confidential research, 

development, or commercial information; or

(ii) disclosing an unretained expert's opinion or information that does 

not describe specific occurrences in dispute and results from the expert's 

study that was not requested by a party.

(C) Specifying Conditions as an Alternative. In the circumstances 

described in Rule 45(d)(3)(B), the court may, instead of quashing or 

modifying a subpoena, order appearance or production under specified 

conditions if the serving party:

(i) shows a substantial need for the testimony or material that cannot 

be otherwise met without undue hardship; and

(ii) ensures that the subpoenaed person will be reasonably

compensated.

(e) Duties in Responding to a Subpoena.

(1) Producing Documents or Electronically Stored Information. These 

procedures apply to producing documents or electronically stored 

information:

(A) Documents. A person responding to a subpoena to produce 

documents must produce them as they are kept in the ordinary course of

business or must organize and label them to correspond to the categories in 

the demand.

(B) Form for Producing Electronically Stored Information Not

Specified. If a subpoena does not specify a form for producing 

electronically stored information, the person responding must produce it in

a form or forms in which it is ordinarily maintained or in a reasonably

usable form or forms.

(C) Electronically Stored Information Produced in Only One Form. The 

person responding need not produce the same electronically stored

information in more than one form.

(D) Inaccessible Electronically Stored Information. The person 

responding need not provide discovery of electronically stored information

from sources that the person identifies as not reasonably accessible because

of undue burden or cost. On motion to compel discovery or for a protective 

order, the person responding must show that the information is not 

reasonably accessible because of undue burden or cost. If that showing is 

made, the court may nonetheless order discovery from such sources if the 

requesting party shows good cause, considering the limitations of Rule

26(b)(2)(C). The court may specify conditions for the discovery.

(2) Claiming Privilege or Protection.

(A) Information Withheld. A person withholding subpoenaed 

information under a claim that it is privileged or subject to protection as

trial-preparation material must:

(i) expressly make the claim; and

(ii) describe the nature of the withheld documents, communications, 

or tangible things in a manner that, without revealing information itself

privileged or protected, will enable the parties to assess the claim.

(B) Information Produced. If information produced in response to a 

subpoena is subject to a claim of privilege or of protection as trialpreparation material, the person making the claim may notify any party that 

received the information of the claim and the basis for it. After being 

notified, a party must promptly return, sequester, or destroy the specified 

information and any copies it has; must not use or disclose the information 

until the claim is resolved; must take reasonable steps to retrieve the 

information if the party disclosed it before being notified; and may

promptly present the information under seal to the court for the district 

where compliance is required for a determination of the claim. The person

who produced the information must preserve the information until the claim

is resolved.

(g) Contempt. The court for the district where compliance is required – and 

also, after a motion is transferred, the issuing court – may hold in contempt

a person who, having been served, fails without adequate excuse to obey

the subpoena or an order related to it.

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 22-12790-EPK Doc 144 Filed 06/07/22 Page 6 of 24
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EXHIBIT A

DEFINITIONS

1. “Bankruptcy Case” shall mean the bankruptcy case filed pursuant to chapter 7 of 

the United States Bankruptcy Code by EXCELL AUTO GROUP, INC., Case No. 22-12790-EPK 

pending in the Southern District of Florida, West Palm Beach Division.

2. “Chapford” shall mean Chapford Specialty Finance LLC and Chapford Credit 

Opportunities Fund LP, collectively.

3. “Communication” means any oral or written statement, dialogue, colloquy, 

discussion or conversation, and also means any transfer of thoughts or ideas between persons by 

means of documents and includes any transfer of data from one location to another by electronic

or similar means.

4. “Control” means in your possession, custody or control or under your direction, 

and includes in the possession, custody or control of those under the direction of you or your 

employees, subordinates, counsel, accountant, consultant, expert, parent or affiliated corporation, 

and any person purporting to act on your behalf.

5. “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.

6. “Document(s)” or “Writing(s)” shall be deemed to include every record of every 

type, and is used in the broadest sense and includes any medium upon which intelligence or 

information can be recorded and further includes, but is not limited to, all originals, nonidentical 

copies and drafts of the following items, whether printed, handwritten, typed, recorded, or stored 

on any electromagnetic storage device, or reproduced by hand, including without limitation 

correspondence, memoranda, invoices, receipts, records, ledger cards or other accounting records, 

voucher, check, shop order, diary, calendar, instruction, summaries of personal conversations or 

interviews, minutes or records of meetings or conferences, transcripts, opinions or reports of 

Case 22-12790-EPK Doc 144 Filed 06/07/22 Page 7 of 24
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consultants, projections, drafts, contracts, agreements, confirmations, statistical statements, 

studies, telegrams, telexes, books, notes, reports, logs, diaries, tape recordings, video cassettes and 

data compilations from which information can be obtained, charts, photographs, notebooks, 

drawings, plans, printed materials of any kind, charts and interoffice communications, and any 

other writing of whatever description, including but not limited to any information contained in 

any computer, or represented by a computer program, signed or unsigned, regardless of whether 

approved, signed, sent, received, redrafted, or executed, study, work paper, handwritten note, draft, 

demand, chart, paper, print, laboratory record, drawing sketch, diagram, form, graph, index, list, 

tape, photograph, microfilm, data sheet, data processing card, or any other written, recorded, 

transcribed, punched, taped, filmed, or graphic matter, however produced and reproduced.

7. “Evidencing” means having a tendency to show, prove or disprove.

8. “KPB” shall mean Karma of Palm Beach, Inc. d/b/a Karma Palm Beach.

9. “Including” shall mean including but not limited to.

10. “Materials” shall mean all “Documents”, “Writings”, “Agreements”, and 

“Communications” as those terms are defined herein.

11. “McLaren” shall mean that certain 2014 McLaren P1, VIN: 

SBM12ABA2EW000085.

12. “Person” refers to any natural person, individual, proprietorship, partnership, 

corporation, association, organization, joint venture, business trust or other business enterprise, 

governmental body or agency, or governmental, public, legal or business entity, or group of natural 

persons or other entities whether sui juris or otherwise.

13. “Related to” or “relating to” shall mean directly or indirectly, refer to, reflect, 

describe, pertain to, arise out of or in connection with, or in any way legally, logically, or factually

be connected with the matter discussed.

14. “Representative” means any and all agents, employees, servants, officers, directors, 

attorneys, or other persons acting or purporting to act on behalf of the person in question.

Case 22-12790-EPK Doc 144 Filed 06/07/22 Page 8 of 24
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15. “Trustee” means Nicole Testa Mehdipour, solely in her capacity as chapter 7 trustee 

of the estate of the Debtor.

16. “Vehicle” shall mean the 2019 Lamborghini Aventador, VIN: 

ZHWUM6ZD5KLA08766.

17. The words “and” and “or” as used herein shall be construed either disjunctively or 

conjunctively as required by the context to bring within the scope of these requests any answer 

that might be deemed outside their scope by another construction.

18. “You” and “your” refers to the Person (as defined herein) to whom this request is 

addressed, including his/her/its employees, agents, servants, subsidiaries, parent company, 

affiliated company, and other persons acting or purporting to act on your behalf, including your 

Representative (as defined below).

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, your accountants, agents or 

other representatives and employees, or any information subject to your 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. All references to any Person (as defined below) includes his/her/its employees, 

agents, servants, subsidiaries, parent company, affiliated company and any other person or entity 

or Representative (as defined below) acting or purporting to act on behalf or under his/her control.

5. As used herein, the singular shall include the plural, the plural shall include the 

singular, the past tense shall include the present and the present tense shall include the past, so as 

to bring into the scope of definitions and document requests all matters which by any other 

construction would fall outside their scope.

Case 22-12790-EPK Doc 144 Filed 06/07/22 Page 9 of 24
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6. These requests encompass all documents in the responding party’s custody, 

possession or control, whether or not such documents were prepared by or for such responding 

party. Where knowledge, information or documents in the responding party’s possession, custody 

or control are requested or inquired of, such request or inquiry includes knowledge, information 

or documents in the possession, custody or control of each of responding party’s employees, 

agents, accountants, attorneys, auditors, representatives and any other individuals or entities from 

whom the responding party could obtain documents.

7. 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 

respond as fully as otherwise possible with all nonprivileged documents in whole or part and

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.

8. If any document to be produced has been destroyed or is otherwise incapable of 

production, state: (a) the date, place and means of the destruction; (b) the name and address of 

each person deciding upon, participating in and having knowledge of the destruction; (c) the reason 

for the destruction; and (d) if not destroyed, the reason why the document is incapable of 

production.

9. When producing the documents, please keep all documents segregated by the file 

in which the documents are contained and indicate the name of the file in which the documents 

are contained and the name of the documents being produced.

Case 22-12790-EPK Doc 144 Filed 06/07/22 Page 10 of 24
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10. When producing the required documents, please produce all other documents that 

are clipped, stapled or otherwise attached to any requested document.

11. In the event such file(s) or document(s) has (have) been removed, either for the 

purpose of this action or for some other purpose, please state the name and address of the person 

who removed the file, the title of the file and each subfile, if any, maintained within the file, and 

the present location of the file.

12. 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 January 1, 2021,

to the present.

DOCUMENT REQUESTS

1. All documents or communications in your possession, custody or control related to 

the Vehicle or the McLaren.

2. All documents or communications in your possession, custody or control between 

you, your agents, employees or representatives and any non-debtor third party in which the Vehicle 

or the McLaren is mentioned or referenced, including without limitation any documents or 

communications related to the purchase, sale, lease, transfer, transport or storage of the Vehicle or 

the McLaren.

3. All documents or communications in your possession, custody or control between 

you, your agents, employees or representatives and Mauricio Gaudino, Johanna Gaudino and/or 

any agent, employee or representative of DEALER WHOLESALE GROUP LLC regarding the 

Vehicle.

4. All documents or communications in your possession, custody or control between 

you, your agents, employees or representatives and any agent, employee or representative of 

Case 22-12790-EPK Doc 144 Filed 06/07/22 Page 11 of 24
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LUXURY AUTO COLLECTION EAST and/ or LUXURY AUTO COLLECTION LLC 

regarding the Vehicle.

5. All documents or communications in your possession, custody or control between 

you, your agents, employees or representatives and any agent, employee or representative of 

LUXURY LEASE PARTNERS LLC regarding the Vehicle or the McLaren.

6. All documents or communications in your possession, custody or control between 

you, your agents, employees or representatives any agent, employee or representative of AUTO 

WHOLESALE OF BOCA, LLC, including without limitation Moshe Farache, regarding the 

Vehicle or the McLaren.

Case 22-12790-EPK Doc 144 Filed 06/07/22 Page 12 of 24
UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

www.flsb.uscourts.gov

In re:

Chapter 7

EXCELL AUTO GROUP, INC., 

Debtor. Case No. 22-12790-EPK

_________________________________/

SUBPOENA FOR RULE 2004 EXAMINATION DUCES TECUM

To: Scott Thomas Zankl

c/o Harry Winderman, Esq. 

Weiss, Handler & Cornwell, PA

2255 Glades Rd., Suite 205E

Boca Raton, FL 33431

x 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 regarding the topics set forth on Exhibit A of this Subpoena.

PLACE: 

Veritext Legal Solutions Remote 

Videoconference

DATE AND TIME:

 

July 8, 2022 at 10:00 a.m. (EDT) 

The examination will be recorded by this method: Upon oral examination before a Notary Public or 

other officer authorized by law to take the depositions in the State of Florida.

 Production: You, or your representatives, must also bring with you to the examination the following

documents, electronically stored information, or objects, and must permit inspection, copying, testing, or

sampling of the material regarding the requests set forth on Exhibit A of this Subpoena on June 24, 2022.

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.

Dated: June 7, 2022. 

CLERK OF COURT

Signature of Clerk or Deputy Clerk OR

Attorney’s Signature

James. C. Moon

Case 22-12790-EPK Doc 144 Filed 06/07/22 Page 13 of 24
The name, address, email address, and telephone number of the attorney representing Chapford Specialty Finance 

LLC and Chapford Credit Opportunities Fund LP (collectively, “Chapford”), who issues or requests this subpoena, 

is: 

James C. Moon, Esquire

Florida Bar No. 938211

jmoon@melandbudwick.com

MELAND BUDWICK, P.A. 

3200 Southeast Financial Center

200 South Biscayne Boulevard

Miami, Florida 33131

Telephone: (305) 358-6363

 Telecopy: (305) 358-1221

 

 

 

 

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 22-12790-EPK Doc 144 Filed 06/07/22 Page 14 of 24
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 144 Filed 06/07/22 Page 15 of 24
Federal Rule of Civil Procedure 45(c), (d), (e), and (g) (Effective 12/1/13)

(made applicable in bankruptcy cases by Rule 9016, Federal Rules of Bankruptcy Procedure)

(c) Place of compliance.

(1) For a Trial, Hearing, or Deposition. A subpoena may command a 

person to attend a trial, hearing, or deposition only as follows:

(A) within 100 miles of where the person resides, is employed, or

regularly transacts business in person; or

(B) within the state where the person resides, is employed, or regularly 

transacts business in person, if the person

(i) is a party or a party’s officer; or

(ii) is commanded to attend a trial and would not incur substantial 

expense.

(2) For Other Discovery. A subpoena may command:

(A) production of documents, or electronically stored information, or 

things at a place within 100 miles of where the person resides, is employed,

or regularly transacts business in person; and

(B) inspection of premises, at the premises to be inspected.

(d) Protecting a Person Subject to a Subpoena; Enforcement.

(1) Avoiding Undue Burden or Expense; Sanctions. A party or 

attorney responsible for issuing and serving a subpoena must take 

reasonable steps to avoid imposing undue burden or expense on a person 

subject to the subpoena. The court for the district where compliance is 

required must enforce this duty and impose an appropriate sanction —

which may include lost earnings and reasonable attorney's fees — on a 

party or attorney who fails to comply.

(2) Command to Produce Materials or Permit Inspection.

(A) Appearance Not Required. A person commanded to produce 

documents, electronically stored information, or tangible things, or to

permit the inspection of premises, need not appear in person at the place of

production or inspection unless also commanded to appear for a deposition, 

hearing, or trial.

(B) Objections. A person commanded to produce documents or tangible

things or to permit inspection may serve on the party or attorney designated 

in the subpoena a written objection to inspecting, copying, testing or 

sampling any or all of the materials or to inspecting the premises — or to 

producing electronically stored information in the form or forms requested. 

The objection must be served before the earlier of the time specified for 

compliance or 14 days after the subpoena is served. If an objection is made, 

the following rules apply:

(i) At any time, on notice to the commanded person, the serving party 

may move the court for the district where compliance is required for an 

order compelling production or inspection.

(ii) These acts may be required only as directed in the order, and the 

order must protect a person who is neither a party nor a party's officer from

significant expense resulting from compliance.

(3) Quashing or Modifying a Subpoena.

(A) When Required. On timely motion, the court for the district where 

compliance is required must quash or modify a subpoena that:

(i) fails to allow a reasonable time to comply;

(ii) requires a person to comply beyond the geographical limits 

specified in Rule 45(c);

(iii) requires disclosure of privileged or other protected matter, if no 

exception or waiver applies; or

(iv) subjects a person to undue burden.

(B) When Permitted. To protect a person subject to or affected by a 

subpoena, the court for the district where compliance is required may, on

motion, quash or modify the subpoena if it requires:

(i) disclosing a trade secret or other confidential research, 

development, or commercial information; or

(ii) disclosing an unretained expert's opinion or information that does 

not describe specific occurrences in dispute and results from the expert's 

study that was not requested by a party.

(C) Specifying Conditions as an Alternative. In the circumstances 

described in Rule 45(d)(3)(B), the court may, instead of quashing or 

modifying a subpoena, order appearance or production under specified 

conditions if the serving party:

(i) shows a substantial need for the testimony or material that cannot 

be otherwise met without undue hardship; and

(ii) ensures that the subpoenaed person will be reasonably

compensated.

(e) Duties in Responding to a Subpoena.

(1) Producing Documents or Electronically Stored Information. These 

procedures apply to producing documents or electronically stored 

information:

(A) Documents. A person responding to a subpoena to produce 

documents must produce them as they are kept in the ordinary course of

business or must organize and label them to correspond to the categories in 

the demand.

(B) Form for Producing Electronically Stored Information Not

Specified. If a subpoena does not specify a form for producing 

electronically stored information, the person responding must produce it in

a form or forms in which it is ordinarily maintained or in a reasonably

usable form or forms.

(C) Electronically Stored Information Produced in Only One Form. The 

person responding need not produce the same electronically stored

information in more than one form.

(D) Inaccessible Electronically Stored Information. The person 

responding need not provide discovery of electronically stored information

from sources that the person identifies as not reasonably accessible because

of undue burden or cost. On motion to compel discovery or for a protective 

order, the person responding must show that the information is not 

reasonably accessible because of undue burden or cost. If that showing is 

made, the court may nonetheless order discovery from such sources if the 

requesting party shows good cause, considering the limitations of Rule

26(b)(2)(C). The court may specify conditions for the discovery.

(2) Claiming Privilege or Protection.

(A) Information Withheld. A person withholding subpoenaed 

information under a claim that it is privileged or subject to protection as

trial-preparation material must:

(i) expressly make the claim; and

(ii) describe the nature of the withheld documents, communications, 

or tangible things in a manner that, without revealing information itself

privileged or protected, will enable the parties to assess the claim.

(B) Information Produced. If information produced in response to a 

subpoena is subject to a claim of privilege or of protection as trialpreparation material, the person making the claim may notify any party that 

received the information of the claim and the basis for it. After being 

notified, a party must promptly return, sequester, or destroy the specified 

information and any copies it has; must not use or disclose the information 

until the claim is resolved; must take reasonable steps to retrieve the 

information if the party disclosed it before being notified; and may

promptly present the information under seal to the court for the district 

where compliance is required for a determination of the claim. The person

who produced the information must preserve the information until the claim

is resolved.

(g) Contempt. The court for the district where compliance is required – and 

also, after a motion is transferred, the issuing court – may hold in contempt

a person who, having been served, fails without adequate excuse to obey

the subpoena or an order related to it.

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 22-12790-EPK Doc 144 Filed 06/07/22 Page 16 of 24
1

EXHIBIT A

DEFINITIONS

1. “Bankruptcy Case” shall mean the bankruptcy case filed pursuant to chapter 7 of 

the United States Bankruptcy Code by EXCELL AUTO GROUP, INC., Case No. 22-12790-EPK 

pending in the Southern District of Florida, West Palm Beach Division.

2. “Chapford” shall mean Chapford Specialty Finance LLC and Chapford Credit 

Opportunities Fund LP, collectively.

3. “Communication” means any oral or written statement, dialogue, colloquy, 

discussion or conversation, and also means any transfer of thoughts or ideas between persons by 

means of documents and includes any transfer of data from one location to another by electronic 

or similar means.

4. “Control” means in your possession, custody or control or under your direction, 

and includes in the possession, custody or control of those under the direction of you or your 

employees, subordinates, counsel, accountant, consultant, expert, parent or affiliated corporation, 

and any person purporting to act on your behalf.

5. “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.

6. “Document(s)” or “Writing(s)” shall be deemed to include every record of every 

type, and is used in the broadest sense and includes any medium upon which intelligence or 

information can be recorded and further includes, but is not limited to, all originals, nonidentical 

copies and drafts of the following items, whether printed, handwritten, typed, recorded, or stored 

on any electromagnetic storage device, or reproduced by hand, including without limitation 

correspondence, memoranda, invoices, receipts, records, ledger cards or other accounting records, 

voucher, check, shop order, diary, calendar, instruction, summaries of personal conversations or 

interviews, minutes or records of meetings or conferences, transcripts, opinions or reports of 

Case 22-12790-EPK Doc 144 Filed 06/07/22 Page 17 of 24
2

consultants, projections, drafts, contracts, agreements, confirmations, statistical statements, 

studies, telegrams, telexes, books, notes, reports, logs, diaries, tape recordings, video cassettes and 

data compilations from which information can be obtained, charts, photographs, notebooks, 

drawings, plans, printed materials of any kind, charts and interoffice communications, and any 

other writing of whatever description, including but not limited to any information contained in 

any computer, or represented by a computer program, signed or unsigned, regardless of whether 

approved, signed, sent, received, redrafted, or executed, study, work paper, handwritten note, draft, 

demand, chart, paper, print, laboratory record, drawing sketch, diagram, form, graph, index, list, 

tape, photograph, microfilm, data sheet, data processing card, or any other written, recorded, 

transcribed, punched, taped, filmed, or graphic matter, however produced and reproduced.

7. “Evidencing” means having a tendency to show, prove or disprove.

8. “KPB” shall mean Karma of Palm Beach, Inc. d/b/a Karma Palm Beach.

9. “Including” shall mean including but not limited to.

10. “Materials” shall mean all “Documents”, “Writings”, “Agreements”, and 

“Communications” as those terms are defined herein.

11. “McLaren” shall mean that certain 2014 McLaren P1, VIN: 

SBM12ABA2EW000085.

12. “Person” refers to any natural person, individual, proprietorship, partnership, 

corporation, association, organization, joint venture, business trust or other business enterprise, 

governmental body or agency, or governmental, public, legal or business entity, or group of natural 

persons or other entities whether sui juris or otherwise.

13. “Related to” or “relating to” shall mean directly or indirectly, refer to, reflect, 

describe, pertain to, arise out of or in connection with, or in any way legally, logically, or factually

be connected with the matter discussed.

14. “Representative” means any and all agents, employees, servants, officers, directors, 

attorneys, or other persons acting or purporting to act on behalf of the person in question.

Case 22-12790-EPK Doc 144 Filed 06/07/22 Page 18 of 24
3

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

of the estate of the Debtor.

16. “Vehicle” shall mean the 2019 Lamborghini Aventador, VIN: 

ZHWUM6ZD5KLA08766.

17. The words “and” and “or” as used herein shall be construed either disjunctively or 

conjunctively as required by the context to bring within the scope of these requests any answer 

that might be deemed outside their scope by another construction.

18. “You” and “your” refers to the Person (as defined herein) to whom this request is 

addressed, including his/her/its employees, agents, servants, subsidiaries, parent company, 

affiliated company, and other persons acting or purporting to act on your behalf, including your 

Representative (as defined below).

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, your accountants, agents or 

other representatives and employees, or any information subject to your 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. All references to any Person (as defined below) includes his/her/its employees, 

agents, servants, subsidiaries, parent company, affiliated company and any other person or entity 

or Representative (as defined below) acting or purporting to act on behalf or under his/her control.

5. As used herein, the singular shall include the plural, the plural shall include the 

singular, the past tense shall include the present and the present tense shall include the past, so as 

to bring into the scope of definitions and document requests all matters which by any other 

construction would fall outside their scope.

Case 22-12790-EPK Doc 144 Filed 06/07/22 Page 19 of 24
4

6. These requests encompass all documents in the responding party’s custody, 

possession or control, whether or not such documents were prepared by or for such responding 

party. Where knowledge, information or documents in the responding party’s possession, custody 

or control are requested or inquired of, such request or inquiry includes knowledge, information 

or documents in the possession, custody or control of each of responding party’s employees, 

agents, accountants, attorneys, auditors, representatives and any other individuals or entities from 

whom the responding party could obtain documents.

7. 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 

respond as fully as otherwise possible with all nonprivileged documents in whole or part and

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.

8. If any document to be produced has been destroyed or is otherwise incapable of 

production, state: (a) the date, place and means of the destruction; (b) the name and address of 

each person deciding upon, participating in and having knowledge of the destruction; (c) the reason 

for the destruction; and (d) if not destroyed, the reason why the document is incapable of 

production.

9. When producing the documents, please keep all documents segregated by the file 

in which the documents are contained and indicate the name of the file in which the documents 

are contained and the name of the documents being produced.

Case 22-12790-EPK Doc 144 Filed 06/07/22 Page 20 of 24
5

10. When producing the required documents, please produce all other documents that 

are clipped, stapled or otherwise attached to any requested document.

11. In the event such file(s) or document(s) has (have) been removed, either for the 

purpose of this action or for some other purpose, please state the name and address of the person 

who removed the file, the title of the file and each subfile, if any, maintained within the file, and 

the present location of the file.

12. 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 January 1, 2021,

to the present.

DOCUMENT REQUESTS

1. All documents or communications in your possession, custody or control related to 

the Vehicle or the McLaren.

2. All documents or communications in your possession, custody or control between 

you, your agents, employees or representatives and any non-debtor third party in which the Vehicle 

or the McLaren is mentioned or referenced, including without limitation any documents or 

communications related to the purchase, sale, lease, transfer, transport or storage of the Vehicle or 

the McLaren.

3. All documents or communications in your possession, custody or control between 

you, your agents, employees or representatives and Mauricio Gaudino, Johanna Gaudino and/or 

any agent, employee or representative of DEALER WHOLESALE GROUP LLC regarding the 

Vehicle.

4. All documents or communications in your possession, custody or control between 

you, your agents, employees or representatives and any agent, employee or representative of 

Case 22-12790-EPK Doc 144 Filed 06/07/22 Page 21 of 24
6

LUXURY AUTO COLLECTION EAST and/ or LUXURY AUTO COLLECTION LLC 

regarding the Vehicle.

5. All documents or communications in your possession, custody or control between 

you, your agents, employees or representatives and any agent, employee or representative of 

LUXURY LEASE PARTNERS LLC regarding the Vehicle or the McLaren.

6. All documents or communications in your possession, custody or control between 

you, your agents, employees or representatives any agent, employee or representative of AUTO 

WHOLESALE OF BOCA, LLC, including without limitation Moshe Farache, regarding the 

Vehicle or the McLaren.

Case 22-12790-EPK Doc 144 Filed 06/07/22 Page 22 of 24
   

Exhibit 2

Electronic Mail Notice List

The following is the list of parties who are currently on the list to receive email notice/service for 

this case. 

 Joaquin J Alemany joaquin.alemany@hklaw.com, jose.casal@hklaw.com 

 Paul A Avron pavron@bergersingerman.com, 

efile@bergersingerman.com;efile@ecf.inforuptcy.com;mmorgan@bergersingerman.com 

 Zachary J Bancroft zbancroft@bakerdonelson.com, 

sdenny@bakerdonelson.com,bkcts@bakerdonelson.com 

 Eyal Berger eyal.berger@akerman.com, jeanette.martinezgoldberg@akerman.com 

 Stephen C Breuer stephen@breuer.law, 

genna@breuer.law,stephen@ecf.courtdrive.com 

 Alan R Crane acrane@furrcohen.com, 

rrivera@furrcohen.com;ltitus@furrcohen.com;staff1@furrcohen.com 

 Mitchell A Dinkin mdinkin@madlegal.net, lucyd@madlegal.net 

 G Steven Fender steven.fender@fender-law.com, simone@fenderbollingpaiva.com 

 Travis A Harvey tharvey@bakerdonelson.com 

 Dana L Kaplan dana@kelleylawoffice.com, 

cassandra@kelleylawoffice.com;debbie@kelleylawoffice.com;craig@kelleylawoffice.co

m;kelleycr75945@notify.bestcase.com;scott@kelleylawoffice.com 

 Mark A Levy mark.levy@brinkleymorgan.com, 

sandra.gonzalez@brinkleymorgan.com;brinkleymorganecf@gmail.com 

 James Randolph Liebler jrlii@lgplaw.com, mkv@lgplaw.com 

 Nathan G Mancuso ngm@mancuso-law.com 

 David B Marks brett.marks@akerman.com, charlene.cerda@akerman.com 

 Nicole Testa Mehdipour nicolem@ntmlawfirm.com, 

cm_ecf_service@ntmlawfirm.com;atty_mehdipour@bluestylus.com;cmecfservice@gmai

l.com;mehdipournr85783@notify.bestcase.com 

 Nicole Testa Mehdipour Trustee@ntmlawfirm.com, 

TRUSTEE_CMECF_Service@ntmlawfirm.com;FL80@ecfcbis.com;ntm@trustesolution

s.net;BCasey@ntmlawfirm.com 

 James B Miller bkcmiami@gmail.com 

 James C. Moon jmoon@melandbudwick.com, 

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

nnenbaum@ecf.courtdrive.com;phornia@ecf.courtdrive.com 

 Office of the US Trustee USTPRegion21.MM.ECF@usdoj.gov 

 John E Page jpage@slp.law, 

dwoodall@slp.law;pmouton@slp.law;pmouton@ecf.courtdrive.com;jpage@ecf.courtdriv

e.com 

 Eric S Pendergraft ependergraft@slp.law, 

dwoodall@slp.law;dlocascio@slp.law;bshraibergecfmail@gmail.com;pmouton@slp.law 

 Hampton Peterson legalservices@PBCTax.com 

Case 22-12790-EPK Doc 144 Filed 06/07/22 Page 23 of 24
   

 Jordan L Rappaport office@rorlawfirm.com, 1678370420@filings.docketbird.com 

 David A Ray dray@draypa.com, 

sramirez.dar@gmail.com,cm_ecf_service@ntmlawfirm.com 

 Ivan J Reich ireich@nasonyeager.com, msmith@nasonyeager.com 

 Jason S Rigoli jrigoli@furrcohen.com, rrivera@furrcohen.com;staff1@furrcohen.com 

 Harry J Ross hross@hjrlaw.com, jerri@hjrlaw.com 

 John D. Segaul john@segaul.com, 

court@segaulstoll.com;melissa@segaul.com;segaullawfirmpa@jubileebk.net 

 Zach B Shelomith zbs@lss.law, info@lss.law;zshelomith@ecf.inforuptcy.com 

 Bradley S Shraiberg bss@slp.law, 

dwoodall@slp.law;dwoodall@ecf.courtdrive.com;pmouton@slp.law 

 Eric J Silver esilver@stearnsweaver.com, 

jless@stearnsweaver.com;fsanchez@stearnsweaver.com;cgraver@stearnsweaver.com;mf

ernandez@stearnsweaver.com 

 David R. Softness david@softnesslaw.com 

 Christian Somodevilla cs@lss.law, info@lss.law;cs@ecf.courtdrive.com 

 Peter D Spindel peterspindel@gmail.com, peterspindelcmecf@gmail.com 

 Mark E Steiner MES@lgplaw.com, pm@lgplaw.com 

 Aaron A Wernick awernick@wernicklaw.com, 

awernick@ecf.courtdrive.com;crubin@wernicklaw.com;dkariotis@wernicklaw.com;mla

verriere@wernicklaw.com 

 Paul E Wilson pwilson@paulwilsonesq.com 

 Harry Winderman harry4334@hotmail.com, 

lynoramae@gmail.com,lm@whcfla.com,filings@whcfla.com 

 Thomas G Zeichman tzeichman@bmulaw.com, G67999@notify.cincompass.com 

Manual Notice List 

The following is the list of parties who are not on the list to receive email notice/service for this 

case (who therefore require manual noticing/service). 

Ally Bank Lease Trust - Assignor to Vehicle Asset Universal Leasing Trust 

(a.k.a. "VAULT TRUST", or "V.A.U.L. Trust", or "VAULT", or "V.A.U.L.T.") 

c/o AIS Port 

4515 N Santa Fe Ave. Dept. APS 

Oklahoma City, OK 73118 

Scott Zankl 

16937 Pierre Circle 

Delray Beach, FL 33446 

Case 22-12790-EPK Doc 144 Filed 06/07/22 Page 24 of 24