In re: Rothstein Rosenfeldt Adler, P.A. et al

Filing 152

ORDER granting 144 Motion for Writ of Habeas Corpus ad testificandum; granting 145 Motion for Writ of Habeas Corpus ad testificandum; granting 146 Motion for Writ of Habeas Corpus ad testificandum. Signed by Judge James I. Cohn on 4/17/2012. (prd)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 11-61338-CIV-COHN

In Re: ROTHSTEIN ROSENFELDT ADLER, P.A.,
Debtor.
________________________________________/
ORDER GRANTING THE MOTIONS OF THE INSURANCE COMPANIES AND
BANYON TRUSTEE TO ISSUE A WRIT OF HABEAS CORPUS AD TESTIFICANDUM
THIS CAUSE is before the Court upon the Insurance Companies’1 Motion for Writ
of Habeas Corpus Ad Testificandum [DE 144] and Request for Hearing [DE 148], Robert
C. Furr’s (“Banyon Trustee”) Motion for Writ of Habeas Corpus Ad Testificandum [DE
145], the Federal Insurance Company’s Motion for Writ of Habeas Corpus Ad
Testificandum [DE 146] and Request for Hearing [DE 147], and St. Paul Fire and Marine
Insurance Company’s Notice of Joining Motions [DE 151]. The Court has carefully
considered all of these filings and the entire record in this action, and is otherwise fully
advised in the premises.
The Insurance Companies2 and the Banyon Trustee seek issuance of a writ of
habeas corpus ad testificandum to formally allow them to question Scott Rothstein,
(“Rothstein”), the central figure in a criminal action brought by the United States of
America regarding fraudulent activities undertaken by Rothstein while he controlled the

1

These companies are Ironshore Indemnity Inc., RLI Insurance Company,
Columbia Casualty Company, Zurich American Insurance Company, and Westchester
Insurance Company.
2

For purposes of the remainder of this Order, “Insurance Companies” shall refer
to all seven insurance companies listed in the above paragraph and footnote 1, as they
all make the same arguments.

now bankrupt law firm of Rothstein, Rosenfeldt & Adler, P.A. (“RRA”). This Court
recently authorized a second deposition of Rothstein, to be taken for ten business days
by video conference commencing June 4, 2012. See Order Granting the Motions of the
Trustee and Jeffrey Epstein to Issue a Writ of Habeas Corpus Ad Testificandum,
February 13, 2012 [DE 129].
Among the issues decided by this Court in its February 13, 2012 Order, was
whether certain parties would be able to participate in the second deposition. Among
other conclusions, the Court stated:
The Trustee opposes the participation of the Insurer Defendants, stating
that their action involving claims against Banyon has nothing to do with the
Trustee’s bankruptcy adversary actions. The Trustee contends that he
should not have to give up his deposition time to these private litigants in
his efforts to obtain assets to benefit the creditors and victims of RRA .
However, as noted above, the insurers’ opponents were able to question
Rothstein in the first action. This Court concludes that under these
circumstances, the insurers have demonstrated a need to depose Scott
Rothstein. However, as stated in the prior section, their participation is
subject to time limitations imposed by Judge Ray in the protocols to be
worked out by the parties and Judge Ray.
Order of February 13, 2012 at p. 7 [DE 129].
The Insurance Companies now move for the Court to formally allow them to
participate in the June deposition. The Trustee opposes this relief unless the deposition
is extended beyond two weeks. The Trustee recently moved for the Court to extend the
deposition to three weeks [DE 149]. The Court has directed the United States to file an
expedited response to this motion by April 18, 2012.
The Court concludes that its prior order had intended to grant the relief now
requested by the Insurance Companies and the Banyon Trustee.

2

Accordingly, it is hereby ORDERED AND ADJUDGED as follows:
1.

Insurance Companies’ Motion for Writ of Habeas Corpus Ad Testificandum [DE
144] is hereby GRANTED;

2.

Robert C. Furr’s (“Banyon Trustee”) Motion for Writ of Habeas Corpus Ad
Testificandum [DE 145] is hereby GRANTED;

3.

The Federal Insurance Company’s Motion for Writ of Habeas Corpus Ad
Testificandum [DE 146] is hereby GRANTED;

4.

The Requests for Hearing [DE’s 147 and 148] are hereby DENIED as moot

5.

Ironshore Indemnity Inc., RLI Insurance Company, Columbia Casualty Company,
Zurich American Insurance Company, Westchester Insurance Company, Federal
Insurance Company, St. Paul Fire and Marine Insurance Company and National
Union Insurance Company shall be included by Judge Ray in the protocol for the
second deposition of Scott Rothstein. A new Writ for Habeas Corpus Ad
Testificandum is not required unless and until the Court adds additional time for
the deposition.
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County,

Florida, on this 17th day of April, 2012.

cc: copies to counsel of record on CM/ECF
(Trustee’s counsel shall forward this Order to any party
not receiving notice via CM/ECF)

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