Professional Documents
Culture Documents
APPEARANCES:
2 (Call to order)
21 I did receive and review the status report that was filed by
23 discussions at the last hearing, the parties have not been able
2 there?
7 Mr. Sims well know and -- but did not alert the Court to in the
25 status report that was filed and the suggestions that were
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10 last hearing.
1 the time that was set; took multiple efforts to even get that
1 designation.
7 probably actually can agree for a change, but you never know,
15 of business tomorrow.
17 receive that, can you either say yes or no within two business
18 days?
23 order and summarize whatever the objections might be, and the
18 parties did meet and confer within the next 48 hours relating
12 MR. SIMS: The 21st does not work for us, your Honor;
17 your Honor. I can do it on the 21st, the 24th, the 26th, the
19 MR. SIMS: Between the 21st and the end of the year
25 issue there.
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3 -- again, I'm available the 21st, the 24th, the 26th, the 27th,
4 the 28th, the 2nd, 3rd, or the 4th of January. I'm just not
5 available earlier that week, your Honor, between the 17th and
12 the first week of the new year. I didn't catch all the dates
15 4th.
17 thank you.
9 order with a deadline that's out to the point where the parties
11 of one and six of the other. So I'll let you address that,
12 though.
15 meet and confer, not just since the last hearing in which we
18 He chose to wait until the last minute. That was his decision
19 to wait until the last minute. The fact that some other
22 conferred before today. But even beyond that, after July 9th,
24 before we were here with your Honor. So enough with the meet
5 I'll be here, I'm available. But we're here so I don't see the
6 need to waste the parties' time or the Court's time coming back
7 next Monday when there's been plenty of time to meet and confer
10 belabor this point, but the firm's prior bankruptcy counsel did
16 it was in July and August and September so, you know, we can't
4 here that you would have something to add beyond what was in
6 status report that was filed that does narrow some of those
7 requests?
12 category so that you would have Mr. Frank's position and our
8 there's any need to waste the parties' or the Court's time any
23 prepare for this examination which has now been set on January
3 it's not just the two days. It's the additional time. I mean,
22 Number two, now that we've had the benefit of the status report
3 production date.
8 protective order and get that over to judgment debtor and try
12 whatever the objections are. Once that has been entered, and
16 weeks after the entry of that protective order that there would
17 -- that that would be the time that the judgment debtor would
18 produce documents.
22 in the status report, and also has gone back and pulled out of
8 case and given the legal standard here that a judgment debtor
11 judgment.
3 the California law, and that wasn't the case here and so those
10 the limitations that were set forth in the status report that
12 with a John Doe or some other name that would protect the
22 produced.
6 piece of the picture. And even if there's not -- you know this
14 accounts.
5 some protection and yet still serving the public interests that
13 process.
18 11/26, and that if there are any documents that are going to be
5 try and clarify things while we're all together rather than to
7 you think the Court has overlooked or anything that you -- that
17 get it to you?
1 you just stated from the bench or would you like us to prepare
6 the Court ruled as stated on the record, and then permits the
13 heard on the first item. In the unlikely event that we're not
22 that and then the Court can consider both requested wordings.
24 Honor.
2 actually two more issues. First, your Honor may remember that
3 last time there was a stipulation that the order entered by the
9 logistical issue for the court reporter and everyone else for
12 courtroom.
16 that everyone has arrived who was supposed to arrive and that
22 questioning, the parties collect those to the end and then I'll
23 try and address those if the parties are unable to work them
25 there has been a dispute, discuss what that dispute was and
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4 reporter but I did want to alert the court that at the first
12 there. But I wanted to alert the Court to the fact that it's
17 THE COURT: I --
21 you know, big boys and girls, we can figure it out. If there's
24 But to just have this done on an ad hoc basis, you know, is not
15 you'll have that sent. Do you anticipate when you are going to
21 would like compliance with the order in the future by the date
22 certain.
24 issue that may be raised by the press, we're not asking for any
2 happened last time, which is about two hours were spent with
16 big reason why the press was at the last hearing and -- as well
17 as the exam was because Mr. Frank and his lawyers had purposely
24 the Court as to the efforts that he and his client have taken
5 Amendment.
8 the press here today and if they're able to file anything that
18 it.
23
24
25
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CERTIFICATION
entitled matter.
Signed Dated