UNITED STATES BANKRUPTCY COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

Miami Division

www.flsb.uscourts.gov

In re:

ILAN DORON,

Debtor.

______________________________________/

Case No. 21-21964-RAM

Chapter 11

ROBERT PEASE’S NOTICE OF 

RULE 2004 EXAMINATION OF COMPUTERSHARE INC.

Testimony: Pursuant to Federal Rule of Bankruptcy Procedure 2004 and Local Rule 2004-

1, Robert Pease will examine _____________ under oath on [date] at [time]. The examination 

will be conducted Weissman & Dervishi, P.A., SunTrust International Center, One Southeast Third 

Avenue, Suite 1700, Miami, Florida 33131 [via video conference or telephone (include

registration or dial-in details)], and will be recorded by [method of recording]. The examination 

may continue from day to day until completed. 

Production: Pursuant to Federal Rule of Bankruptcy Procedure 2004 and Local Rule 

2004-1, Robert Pease requests that Computershare Inc. produce the documents, electronically 

stored information, or objects described on the attached schedule (or if the examination is of a 

witness other than the debtor, on the attached subpoena), who must permit inspection, copying, 

testing, or sampling of the materials on February 4, 2022, by no later than 5:00 p.m., at the law 

offices of Weissman & Dervishi, P.A., SunTrust International Center, One Southeast Third 

Avenue, Suite 1700, Miami, Florida 33131.

If the examinee receives this notice less than 14 days before the scheduled examination 

date, the examination will be rescheduled upon timely request to a mutually agreeable time. The 

scope of the examination will be as described in Bankruptcy Rule 2004. Pursuant to Local Rule 

2004-1 no order is necessary. If the examination is of a witness other than the debtor, the Local 

Form “Subpoena for Rule 2004 Examination” is included with this notice.

Dated: January 14, 2022.

I hereby certify that I am admitted to the Bar of the United States District Court for the Southern 

District of Florida and that I am in compliance with the additional qualifications to practice in 

this Court set forth in Local Rule 2090-1(A).

Respectfully submitted,

WEISSMAN & DERVISHI, P.A.

By: /s/ Peter A. Tappert

Case 21-21964-RAM Doc 36 Filed 01/14/22 Page 1 of 8
2

Brian S. Dervishi

Peter A. Tappert

Fla. Bar Nos. 350303 and 27100

SunTrust International Center

One Southeast Third Avenue, Suite 1700

Miami, Florida 33131

305-347-4070 (Telephone)

305-347-4077 (Facsimile)

bdervishi@wdpalaw.com

ptappert@wdpalaw.com

service@wdpalaw.com

Attorneys for Robert Pease

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on January 14, 2022, a true and correct copy of the foregoing 

was served by CM/ECF on the parties named below and all others entitled to receive notice.

 /s/ Peter A. Tappert

Peter A. Tappert

Steven J. Solomon, Esq.

GrayRobinson, P.A.

333 SW 2nd Ave, Suite 3200

Miami, FL 33131

Soneet R. Kapila, Trustee

Kapila Mukamal

1000 South Federal Highway, Suite 200

Fort Lauderdale, FL 33316

U.S. Trustee

Office of the U.S. Trustee

51 S.W. 1st Ave., Suite 1204

Miami, FL 33130

Case 21-21964-RAM Doc 36 Filed 01/14/22 Page 2 of 8
LF-84 (rev. 12/01/21)

UNITED STATES BANKRUPTCY COURT

Southern District of Florida

In re _______________________________ Case No. __________________

Debtor

Chapter ______

SUBPOENA FOR RULE 2004 EXAMINATION

To: _______________________________________________________________________________________

(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: _________________________________________________

 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):

PLACE DATE AND TIME

(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: _ __

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 (name of party)

_________________________________who issues or requests this subpoena, are:

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).

ILAN DORON 21-21964-RAM

11

Computershare, Inc.

X

Weissman & Dervishi, P.A.

One SE Third Ave, Suite 1700

Miami, Florida 33131

SEE ATTACHED EXHIBIT A

January 14, 2022

/s/ Peter A. Tappert

Robert Pease

Peter A. Tappert, Weissman & Dervishi, P.A., SunTrust International Center, One SE Third Ave., Suite 1700, Miami, FL 33131

February 4, 2022, by no later than 5:00 p.m.

ptappert@wdpalaw.com (305) 347-4070

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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.:

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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 21-21964-RAM Doc 36 Filed 01/14/22 Page 5 of 8
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EXHIBIT “A” 

SUBPOENA TO COMPUTERSHARE INC.

Definitions

1. The terms “you,” “your,” and “Computershare” refer to Computershare Inc., its 

authorized agents, representatives, employees, managers, officers, or directors, and any other 

person acting for it, on its behalf, or under its authority or control.

2. The term “Mr. Doron” means the Debtor, Ilan Doron, and persons acting, or 

purporting to act, on his behalf.

3. The term “NCM” means NCM Wireless Inc., and the entity it converted to by the 

name of NCM Group, LLC, and any directors, officers, employees, agents, representatives or other 

persons acting, or purporting to act, on its behalf.

4. The singular shall include the plural and vice versa; the terms “and” or “or” shall 

be both conjunctive and disjunctive; and the term “including” mean “including without limitation.”

5. The word “agent” shall mean any agent, employee, officer, director, attorney, 

independent contractor or any other person acting at the direction of or on behalf of another.

6. The word “person” shall mean any individual, corporation, proprietorship, 

partnership, trust, association or any other entity.

7. The term “third party” or “third parties” refers to individuals or entities that are not 

a party to this action.

8. The word “date” shall mean the exact date, month and year, if ascertainable or, if 

not, the best approximation of the date (based upon relationship with other events).

9. The word “document” shall mean any writing, recording, electronically stored 

information or photograph in your actual or constructive possession, custody, care or control, 

which pertain directly or indirectly, in whole or in part, either to any of the subjects listed below 

or to any other matter relevant to the issues in this action, or which are themselves listed below as 

specific documents, including, but not limited to: correspondence, memoranda, notes, messages, 

diaries, minutes, books, reports, charts, ledgers, invoices, computer printouts, microfilms, video 

tapes, or tape recordings.

10. The terms “electronically stored information” and “ESI” mean and refer to 

computer generated information or data of any kind, stored in or on any storage media located on 

computers, file servers, disks, tape, or other real or virtualized devices or media.

11. The term “native data format” means and refers to the format of ESI in which it 

was generated and/or as used by the producing party in the usual course of its business and in its 

regularly conducted activities.

12. The term “metadata” means and refers to information about information or data 

Case 21-21964-RAM Doc 36 Filed 01/14/22 Page 6 of 8
2

about data, and includes, without limitation: (i) information embedded in or associated with a 

native file that is not ordinarily viewable or printable from the application that generated, edited, 

or modified such native file which describes the characteristics, origins, usage, and/or validity of 

the electronic file and/or (ii) information generated automatically by the operation of a computer 

or other information technology system when a native file is created, modified, transmitted, 

deleted, or otherwise manipulated by a user of such system.

13. The term “static image” means or refers to a representation of ESI produced by 

converting a native file into a standard image format capable of being viewed and printed on 

standard computer systems.

14. The word “media” means an object or device, real or virtualized, including but not 

limited to a disc, tape, computer, or other device, on which data is or was stored.

15. The words “pertain to” or “pertaining to” mean: relates to, refers to, contains, 

concerns, describes, embodies, mentions, constitutes, constituting, supports, corroborates, 

demonstrates, proves, evidences, shows, refutes, disputes, rebuts, controverts or contradicts.

16. The word “communication” includes, but is not limited to, any and all 

conversations, meetings, discussions, and any other exchange, whether in person, by telephone, or 

electronically (including text, email, and instant messaging), as well as all letters, memoranda, 

telegrams, cables, and other writings or documents.

Document Requests

Please produce the following:

1. All documents including any certificates pertaining to Mr. Doron’s ownership of 

stock in Sysorex, Inc., including, but not limited to, the stock identified in the attached printout.

2. All documents pertaining to Mr. Doron’s transfer of all or any part of his ownership 

of stock in Sysorex, Inc. 

3. All documents that identify the person or entity to whom all or any part of Mr. 

Doron’s Sysorex, Inc. stock was transferred. 

4. All documents pertaining to the account of the person or entity to whom all or any 

part of Mr. Doron’s Sysorex, Inc. stock was transferred. 

5. All communications from Mr. Doron or anyone on his behalf directing you to 

transfer any stocks. 

6. All your communications to or from Mr. Doron. 

7. All account documents for any accounts in the name of Mr. Doron and/or NCM, or 

any entities for which either (a) has or had an ownership interest, direct or indirect, (b) is or was a 

manager, officer, or director, or (c) has or had signature authority.

Case 21-21964-RAM Doc 36 Filed 01/14/22 Page 7 of 8
Holder

ILAN DORON

Address

3401 N MIAMI AVE, MIAMI FL 33127, UNITED STATES

ID

C0000001201

Class:

NEW COMMON - Book Entry

Date Transactions Debit/Credit Balance

4/14/2021 COMPANY ISSUANCE +5,327,338 5,327,338

Run #: 693

Transfer #: 10000610

Certificate: 00000001-B

Transaction Shares: 5,327,338

Original Shares: 0

Issued on:

Restrictions Description(s): RULE 144 - Company approval required From 5/7/2016 To 5/7/2021

Document Created: 5/7/2021 3:28 PM

Transactions

SYSOREX, INC.

| CERTAINTY | INGENUITY | ADVANTAGE |

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