Case 09-39032-SLM

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UNITED STATES BANKRUPTCY COURT

DISTRICT OF NEW JERSEY
KOPELMAN & KOPELMAN LLP
55 Main Street
Hackensack, NJ 07601
Tel: 201 489-5500
Fax: 201489-7755
Michael S, Kopelman, Esq.(MSK 6104)
Attorneysfog John W. Sywilolz, Chapter 7 Ti^ustee
In Re:

CHAPTER 7

GIUSEPPE GIUDICE and

CASE NO. 09-39032

JUDGE: Stacey L. Meisel
Debtors.
Hearing Date: 8/l 6/16 @ 10:00 am

NOTICE OF MOTION TO HOLD TERESA GIUD[CE IN CUN'1'EMI'T FOR

FAILURE TO COMPLY WITH AMENDED RULE 2004 SUBPOENA

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TO:

Anthony M. Rainone, Esq

Brach~Eichler LLC.
l01 Eisenhower Parkway
Roseland, New Jersey 07068

Carlos J. Cuevas, Esq.

1250 Central Park Avenue
Yonkers, NY 10704

PLEASE TAKE NOTICE that on Tuesday, August 16, 2016 at 10:00 o'clock in the
forenoon or as soon thereafter as counsel may be heard, John W. Sywilolc, Chapter 7 Trustee for
the above-captioned bankruptcy case, by and through his counsel Kopelman & Kopelman LLP
shall move before Honorable Stacey L. Meisel, U.S.B.J., Courtroom 3A, United States
Bankruptcy Court, 50 Walnut Street, Newark, New Jersey for- an entry of an order to hold Teresa
Giudice in contempt for failure to comply with amended R. 2004 subpoena.
PLEASE TAKE FURTHER NOTICE that in support of this motion the Certification
of Michael S. Kopelman, Esq. dated July 13, 2016 shall be relied upon and is submitted
simultaneously herewith.

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PLEASE TAKE FURTHER NOTICE that opposition to this motion, if any, must be
filed with the Clerk of the United States Bankruptcy Court and served upon the undersigned
counsel no later than seven (7) days prior to the return date of this motion and in default thereof
the matter may proceed ex pane.
PLEASE T'AI~E FIIIZT'I-iEIZ Ii~O~'ICE that unless objections are timely presented, the
Motion shall be deemed uncontested in accordance with D.N.J. LBR 9013-1(a) and the relief
requested may be granted without a hearing.
PLEASE TAKE FURTHER NOTICE that oral argument is requested.
PLEASE TAKE FURTHER NOTICE that no brief is being submitted because the
issues involved are not complicated.
PLEASE TAKE FURTHER NOTICE that a proposed form of Order is submitted

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herewith.

KOPELMAN & KOPELMAN LLP

Dated: July 13, 2016

BY:

/s/ Michael S. Kopelman

Michael S. Kopelman, Esq.

Case 09-39032-SLM

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Certification
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UNITED STATES BANKRUPTCY COURT

DISTRICT OF NEW JERSEY
KOPELMAN & KOPELMAN LLP
55 Main Street
Hackensack, NJ 07601
Tel: 201 489-5500
Fax: 201489-7755
1Vlichael S, Kopeiman, Esq.(NISK 6104)
Atto~~neysfo~~ JohJz W. Sywilolz, Chapter 7 Trustee
In Re:

CHAPTER 7

GIUSEPPE GIUDICE and

TERESA GIUDICE

CASE NO.09-39032
JUDGE: Stacey L. Meisel
Debtors.
Hearing Date: 8/l6/l6 @ 10:00 am

CERTIFTCAT~ON OF MICHAEL S. KOPELMAN TN SUPPORT OF

MOTION TO HOLD 1N CONTEMPT

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I, Michael S. Kopelman of fiill age hereby certify and say as follows:
l.

I am an attorney at law of the State of New Jersey and represent the Chapter 7

Trustee in this newly re-opened Chapter 7 case, John Sywilolc.

2.

On June 2, 2016 Rule 2004 Subpoena was served on Teresa Giudice by certified

mail, return receipt requested, and by first class mail with cotu-tesy copies to co-counsel Carlos J.
Cuevas, Esq. and Anthony M. Rainone, Esq. and to James J. Leonard, Esq, counsel to Teresa
Giudice, Exhibit A.
3.

On June 14, 2016 Amended Rule 2004 Subpoena and amended schedule of

documents requested for- production was served on Teresa Giudice personally by certified snail,
return receipt requested, and by first class mail with courtesy copies to co-counsel Carlos J.
Cuevas, Esq. and Anthony M. Rainone, Esq. and to James J. Leonard, Esq, counsel to Teresa
Giudice, Exhibit B.

Case 09-39032-SLM

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Certification
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On Jtme 28, 2016, Teresa Giudice was served with Amended Rule 2004

Subpoena and amended Schedule of Documents for production personally per attached Affidavit
of Service of Danny Callahan. Exhibit C.
5.

Debtor and her three attorneys have known about her duty to respond subpoena

since early June, 2016.

6.

No motion to quash the subpoena has been made.

7.

Teresa Giudice did not produce the documents commanded on July 13, 2016 at

l 0:00 a.m.
8.

This certification is made to hold Teresa Giudice i~l contempt for failul-e to

comply with amended Rule 2004 Subpoena and amended document demand and to impose a fine
of $1,000.00 per day from July l3, 2016 payable to John Sywilok Trustee until there is

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compliance.
9.

Further, it is anticipated that Teresa Giudice will not appear for her examination

scheduled for July 20, 2016 at 10:00 a.m. at 55 Main Street, Hacicensacic, New Jersey and if she

does fail to appear that she be fined an additional $1,000.00 per day payable to John W. Sywilok,
Trustee until there is compliance.

KOPELMAN & KOPELMAN LLP

Attorneys foi- JOHN W. SYWILOK, as Trustee of
the Bankruptcy Estate of Giuseppe Giudice and
Teresa Giudice

Dated: July 13, 2016

BY:

/s/ Michael S. Kopelman

Michael S. Kopelman, Esq.

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Exhibit A Page 1 of 5

Desc

KOPELMAN 8v KCJPELMAN LLP

A PARTNERSHIP FOR THE PRACTICE OF L4W
55 MAIN STREET
HACKENSACK, NEW JERSEY 07601-7001
TELEPHONE(201)489-5500
TELECOPIER (201)489-7755
E-MAIL kopelaw(a7kopelmanni.com
MICHAEL S. KOPELMAN
MEMBER NJ AND NY BARS

CAROL WEINFLASH KOPELMAN

MEMBER NJ BAR

NEW YORK OFFICE

ONE PENN PLAZA,SUITE 2414
NEW YORK, NEW YORK 10119
(212)629.0733

June 2,2016
VIA Certified Mail,RR.R. &First Class Mail
Teresa Giudice
6 Indian Lane
Towaco, NJ 07082
Re: Giuseppe Giudice and Teresa Giudice, Chapter 7 Case No.09-39032

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Dear Ms. Giudice:

This office is counsel to John W. Sywilok, Chapter 7 Trustee in your recently re-opened
bankn~ptcy case.

Enclosed please find subpoena far Rule 2004 examination. Please note that the date for
production of documents at our office by July 13, 2016 at 10:00 a.rn. and the date of
deposition is July 20, 2016 at 10:00 a.m. at our office. If the date of deposition is
inconvenient to you please call our office to arrange for mutually convenient time.
We are serving copies of these documents nn your attorneys for their information.
Thank you for your continuing cooperation.
Very truly yours,
K~PELMAN & KOPELMAN LLP

/s/JI~1icFiaeCS. xopeCman
Michael S. Kopelman
MSK/es
cc: John W. Sywilok; Carlos J. Cuevas, Esq.; Anthony Rainone, Esq.; James 7. Leonard, Esq.

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Exhibit A Page 2 of 5

Desc

D254U (Form 2540 Subpoena for Rule 2004 Lxamination){12/15)

UNITED STATES BANKRUPTCY COURT

District of
Tn re ~ict9eppe C;udice a1c~ ~~resa Clu~~ce
Debtor

Nrciy

~2r5e
~'~ 3`io32
J
{

Case No.
Chapter

SUBPOENA FOR RULE 2004 EXAMINATION

ro: ~2r~sa

~ i Ua iC~
(Name ofperson to whom the subpoena is directed)

~ Testimon}~ YOU ARE COMMANDEll to appear at the time, date, and place set forth below to testify at an examination
under Rule 2044, Federal Rules of Bankruptcy Procedure. A copy of the court order authorizing the e;~amination is attacnea.
DATE AND TIME
PLACE
Ko~~~mayt LQ ~Co~~I~~ ~.LP

~ul~ 2~, ~o t6@ t o:oa a.rx

~5 ~a i vi S~reet

The e:carnination will be recorded by this method:

~~G nb~ r~~ph i c

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~ Production: You,or your representatives, must also bring with you to the examination the following documents,
electronically stored information, or objects, acid must perniit inspection, copying, testing, or sampling ofthe material:

Ste. a~ka~.4~ed ~?.s~eY. `Docums~~zfs ~-o b~. ~~ndu~ bu ~~,~~ 13, 2ot6 G~ to=oo a.~,~.

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 tl~e pat~ntial consequences of not
doing so.
Date:
CLERK OF LOUR"l'
OR
Srgttal:rre ofGerk or Deprily Clerk

Attorney's signature

The name, address, email address, and telephone number of the attorney representing (rzarne of~urty)
;So k , ~rtts~-te., who issues or requests this subpoena, are:
~okvt
o?boi
~oP~rr~tvt, ~s~ c~ ~op~.l wtavi. $. l~o~~v1ctt LGP, ~5 Tylaiv~ 5}~ ~1-~2Lke~1.~vac.~G ~N5
M iG1't~cGl
~Ca~.lawo

k~4~i maKN3.Ga~t.

~~~ =

~?A1 ~ L~ $~{

- 55oc~

Notice to the person who issues or requests this subpoena

If this subpoena commands the production of documents; electronically stored information, or tangible tl~ings, 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. =t5(a)(4).

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Exhibit A Page 3 of 5

Desc

L32540(Form 2540 Jubpoena Cor Rule 2004 Exa3nination)(Yage 2)

PROOF Off' SERVICE

(This section should nat be Celed with the court unless required by Fed. R. Civ. P. 4S.)
I received this subpoena for (name c?findividual and title, ifany):
on (date)
1 served the subpoena by de3ivering a copy to the named person as foilows:
on (date}

or

1 returned the subpoena unexecuted because:

Unless the subpoena was issued nn behalf of the United States, or one of its officers or agents, I have also tendered to thr;
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 tha# this information is true and correct.
Date

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Server's sig~rat:~re

Pri~afed Home ar~~l title

Se~ver',s address

Additional information concerning attempted sen~ice, etc.:

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Exhibit A Page 4 of 5

Desc

132540(tronn 2540 Subporna for Rule ZQ04 Examination)(Page 3)

Federal Rule of Civil Procedure 4.5(c),(d),(e), and (g)(Effective 12/1!13)

(made applicable in bankruptcy cases by Rule 901.6, Federal Rules of Bankruptcy Procedure)
(c) Place of compliance.
(1) For n Trial, Hearing, or (~epositiorr. A subpoena may command a
person to attend a vial, ticaring, or deposition only as follows:
(A)within 100 miles of where the person resides, is empluyeii, i~r
regularly traissacts business in person; or
(B)witiin the state where the person resides, is employed, or regularly
transacts business is~ person, if the person
(i) is a party or a party's officer, or
(ii) is commanded to attend a trial and ~~~ould not incur substantial
expense.
(2) For nrher Discovery. A subpoena may curoma~id:
(A} production of documents, or electronically stored information, or
things at a place within 100 miles i~f where the person resides, is employed,
or rcgularfy transacts business in person; and
{B)inspection of premises, at the prc~nises to be inspected.
(d) Protecting a Person Subject to a Subpoena; Enforcement.
(IJ Avoiding Undue Ntrrcien or Frpe~rse; Sunctit~n.s. A party or
attorney responsible for issuing anJ serving a subpoena muse take
reasaiable steps to avoid imposing undue burden or expense on a person
subject to Fhe subpoena, l'he court for the district where compliance is
required must enforce this duty and intpase an appropriate sanction
which may include lost earnings and reasonable attorney's fees on a
party ur attorney who fails f<~ comply.
(?)CGntmpnd to Produce hlalerials or Prrmi! Inspec(ion.
(A)~ippearanre NoJ Regeeirecl. A person commanded to produce
documents, electronically stored information, or tangible things, or to
permit the inspection of premises, need not appear in perso~i at the place of
production or inspection unless also commanded to appeaz for a deposition,
hearing, or trial.
(BJ Ohjeclioru. 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 alt of the materials or to inspecting the premises or to
producing electronicall~~ storrJ information in the form or fom~s requested.
'I~he objection must be sensed before the earlier c>f the time specified for
compliance or t4 da}'S alter the subpoena is served. ]fan ok~jecGcm is mode,
the following rules apply:
(i) At z+ny time, on notice to the commanded person, tl~e serving party
may move the court for the distract where compliance is required for ari
order compelling production or inspection.
(ii) These acts may he ree~uired only as directed in the order, anJ the
order must protect a person who is neither a party nor a pam's officer horn
significant expense resulting Gom compliance.

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

not describe specific occuRences in clispute and results from the expert's
study that was not requested by a party.
{C)Specking Conditions as an Alterru~tive. In the circumsta~ices
described in Rule 45(d)(3)($), the court may, instead of qu:uhing or
modifying a subpoena, order appearance or production under specified
t:tmciitions ifthe serving party:
(i)shows a substantial need f'or the testimony or material that cannot
Ue otherwise met ~ithout undue hardship; and
(ii} casures that the subpoenaed person will be reasonably
compensated.
(e) Quties in Responding Iv a Subpoena.
(I).Producing Documents or GlecboniccitTv Shred hf~nnntion. "these:
procedures apply to prciducing documents or electronically stored
uifonnation:
(AJ Doruments. A person responding to a subpoena to produce
docttmenis nn~st produce them as they are kept in the ordinary course of
business or must organize and label them to correspond to the categories in
Uie dem:u~d.
(B)Famfr~r Pro~lrrcing F,(ectronically Stored Infnrn~alion Nvt
Specified. if a subpoena does not specify a form for producing
electronically stared intorniation. the person resnonciing must produce it in
a form or forms ftt which it is ordinarily maintained nr in a re:LSouably
iwable fvrm or forms.
(CJ ElectmnrerJly Stored l~fnrntatinn Proch~ced in Oirly One Form. "17~c
person responding need nut produce the same elecvonically stored
infunnation in more than one form.
(D)Inaccessible Electronically Stared b:jornrorion. The person
responding aced not provide discovery ofelectmnically stored information
front sources that the person ideirtifies as not reasonably accessible because
of undue Uurden or cost. On motion tee enmpel discovery or for a protective
order,[hc person responding must show that the inFonnation is not
reasonably accessible because cif undue burden c>r cosi. If that shoving is
mnd~, the court may tioneUicless 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 fur the discovery.

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(3) Qtmshing or Aloclfi~inq n Subpoe~ia.
(.4J lt~herr Required. On timely motion, the court for the district where
contplianee is required must quash or modify u subpoena that:
(i) faits to allow a reasonable time to comply;
(ii} requires a person to comply beyond the gear~raphical limits
s(~ecified in Rule 4S(c);
(iii) rcyuires disclosure of privileged or other protected matter, if no
exception or waiver applies; or
(iv) subjecU a person to midue burden.
(13) !3'her~ Pennit(ed 'Ib protect a person subject to or at~ected by a
subpoc;na, the court fur the eiisvict where compliance is required may, on
motion, quash or modify the subpoena if it requires:
(i) disclosing ~ trnJe secret ur other confidential research;
development, or commercial information; or

(2) Ctnimirrg Privilege or Protection.

(AJ Ir7/ornralinn 1~'ithheld. A person withholding subpoenaed
information under a claim that it is privileged or subject to protection ati
trial-preparation material must:
(i) expressly make the claim; and
(ii) describe the nanuc of the ti~~i{hlicld documents, communications,
or tangible things in a maimer that, without revealing information itself
privileged or protected, will enable the parties to assess the claim.
(Bf bformntioi7 Produced, if information Frodueed in response to a
subpoenu is subject to a claim of'privilege or of protection as trinlpreparatiun material, the person making the claim may notify any pvty that
received the information of the cllim and the basix for it. Atler being
notiticd, a party toast promptly return, sequester, or dcstro}' die specified
informfltion and any copies it has; must not use ur disclose the information
until the claim is resolved; must taY.e reas~nTble steps ro retrieve the
int'ormation if the party disclosed it before being notified; and may
promptly present the information wider seal to the court for[hc district
where compliance is required for a determination ofthe claim, The Person
who produced the i~iformation mtu~ preserve the information until the claim
is resolved.
(g)Contempt.The court for the disirict where compliance is required and
also, after a motion is transferred, the issuing court miry hold in contempt
a person who, having been served, fails without adequate excuse to obey
the subpoena or au order related to it.

Fur access to subpoena materials, see Fed. K. Civ. Y. 45(a} Comrnincc Notc (2013)

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Exhibit A Page 5 of 5

Desc

RIDER TO SUBPOENA

1.

Copy of employment contracts entered into in the {ast 3 years.

Copy of Federal and State Tax Returns for both Teresa Giudice and Giuseppe
2.
Giudice for the past 3 years.
Copy of bank statements of Teresa Giudice and Giuseppe Giudice, individually or
3.
jointly from January 2015 to present.

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Exhibit B Page 1 of 9

Desc

KOPELMAN 8~ KOPELMAN LLP

A PARTNERSHIP FOR THE PRACTICE OF LA W
55 MAIN STREET
HACKENSACK, NEW JERSEY 47801-7001
TELEPHONE (201)489-55Q0
TELECOPIER(201)489-7755
E-MAIL koRelaw(~kopelmannj.com
MICHAEL S. KOPELMAN
MEMBER NJ AND NY BARS

CAROL WEINFLASH KOPELMAN

NEW YQRK OFFICE

ONE PENN PLAZA, SUITE 2414
NEW YORK, NEW YORK 10118

MEMBER NJ BAR

~2~2> szs-o7ss

June 14,?016
VL4 Certified Mail, R.R.R. &First Class Mail
Teresa Giudice
6 Indian Lane
Towaco, NJ 07Q82
Re: Giuseppe Giudice and Teresa Giudice, Chapter 7 Case No.09-39032
Amended Rule 2Q04 Subpoena and Amended Rider

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Dear Ms. Giudice:

Enclosed please find amended Rule 2004 Subpoena and Amended Rider.

Please note that the date of production of documents responsive to the rider is unchanged
and is July 13, 201 b at 10:00 am. Likewise,the date for your examination of July 20, 2016 at
10:00 am is unchanged.
By copy of this letter I am serving these documents upon your attorneys.
Thank you for your continuing cooperation.
Very truly yours,

K4PELMAN & KOPELMAN LLP

/s/~I~1icfiaeCS. 7~opeCman
Michael S. Kopelman
MSK/es
cc: via first class mail: Carios J. Cuevas, Esq:; Anthony Rainone, Esq.; James J. Leonard, Esq.;
John W. Sywilok, Chapter 7 Trustee

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Exhibit B Page 2 of 9

Desc

D254p Form 2540 Subpoena fa Ru{c 2004 Examination)(12/15)

UNITED STATES BANKRUPTCY COURT

District of 'Naar
Case No.

lure GlicesCp~G C;u~i~ a~ ~ertsA ~I~t~~cG

Debkor

~trSN~.1
a~ 3~~3Z

Chapter

SUBPOENA FOR RULE 20Q4 EXAMINATION ~ ~t~~.t1D~V

To: ~er~sa ~ t uc~ iC+~

(Name ofperson to whom the subpver~a u
Q~ Testimory: YOU ARE COMMANDED to appear at the time, date, and place sQt forth below to testify at an examination
under Rule 2004,FederaE Rules of Bankruptcy Procedure. A copy of the court order authorizing the examination is aktached.
DATE AND TIME
PLACE
Kp~~{maK $ ~Cp~7~~t17QYL L~-P

~"ul~ 24, ~ot6~ t a:oo a.r~,

5~ ~`~(ai v SEree~
~ac.~eriSa~-~C , ~1~ o-~hpl
The examination will be recorded by this method:

S~C~d~rce~~'li~

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~ Production: You,or your representatives, must also bring with you to the examination the fallowing documents,
electronically stored information, or objects, and must permit inspection, copying, testing, or sampling ofthe material:

5~ a~~d ~.;~~. `Lxurn~r~~g ~~ b~ ~~du~ bu ~ul+~ ~3, 20l6 ~ ta:vo a-rz.

The following provisions of Fed. R Civ. P. 45, made ~pplieable in bankruptcy cases by Fed. R. Bankr. P. 901b, 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 la your duty io respond to this subpoena and the potential consequences of not
doing so.
Date:

~~
CLERK OF CC}URT
OR
Signature ofClerk or Deputy Clerk

Attorney s signatr~e

The name, address, email addsesS, and telephone number of the attorney representing(name ofperrty)
3r
?~~o~C. `~i't~~, who issues or requests this subpoena, are:
o`1ba~
Nitt~acl
~opclrnaK, F.~s~; o~ ~op~lma.~ ~ Kopr,~rNat Zt~P, ~5 1'la~n5}~~-la.~kCvtscrc.~G,NS

ko~xlawn kvjoal maKNs.Get

yt'~~: [tot)<}gq -55ov

tVotice to the person who issues or requests this subpoena

Ff this subpoena commands the production of documents, electronically stored information, or tangible things, or the
inspection of premises before trsal, a notice and a copy ofthis subpoena must be served on each party before it is served on
the person [o whom it is directed. Fed. R Civ. P. 45(x)(4).

Case 09-39032-SLM

g?54Q(form 2340 5u

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Exhibit B Page 3 of 9

Desc

na 1tx Rule 2004 examination)(t'agc 2)

PR40F OF SE~tViCE
(Thin section should not be filed with tha coati neless required by Ted.R Civ. P. 45.)
1 received this subpoena for(name ofindividual and title, ifany):
on (date)
Q !served the subpoena by delivering a copy to the named arson as fellows:
;or

on {date}
I returned the subpoena unaxecuted because:

Unless the subpoena was issued on behalf ofthe United States, or one of its officers or agents, 1 have also tendered to the
witness the fees for one day's attendance, and the mileage allowed by Jaw, in the amount of $
My fees are $

for travel and $

for services, for a total of$

[declare under penalty of perjury that this information is true and oorrect.
~i.

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Server's signature

Prinfet~ rrane artd title

Sewer's address

Additional information concerning attempted service, etc.:

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Exhibit B Page 4 of 9

Desc

(32540(Pomp 2540 Subpoena for Rulc 2004 L".aamioationl(Pagc ~)

~ecieral Rule of Civil Procedure 45(c),(d),(e), and(g)(Effective l2/1/l3)

(made applicable In bankruptcy cases by Rule 901b, Federal Rules of Bs~nkruptcy Procedure)
(c)Place otcompli~ace.
(1)Fir a Trial, Hearing, or Deposillon. A subporna may command a
person to attend a trial, hearing, a deposition only as Follows:
(A) within 100 miles of where the person resides. is employed, or
regularly transacts twsiness in person; or
(B)within the stag wbece Use person resides, ~s employed, or regularly
h'ansaets business in person, if the person
(i)is a party or a party's officxr; or
(ii? is commended tc~ attend a trial and would not incur subsWniisl
c~;pcnse.
(2J Fw Other Discovery. A subpoena may comma~id:
(A)production ofdocuments, m electronically stored infurmetion, or
things at a p1ecG within 100 miles of where the person resides, is employed,
or rcgularty uansac~.5 business in person; wnd
(A)inspection ofpremises, at the premises to be inspected.
(d)PrutcctiaR ~ Pereon Subject to A Sabpoenp; i;nforcemeot.
(/)Avo(ding Undue Burden or F_rpcnse; Spnctius. A pazty of
attorney responsibtc for issuing and serving a subpoena must take
reasa~abfe steps to avoid imposing undue burSen or expense on a person
subject to the subpoena. The c~wrt for the disvict where compliance is
required must enfon;e this duty end impose en appropriate sanction
whichmay include lost earnings and reasonable aticm~ey's !'era qn a
party or nttomey who fails to compl}'.
(2) Cnnrmo~rd to Produce Mnr~rials or Permit /nsprclion.
(A)Appecvo ice Nor Required. A person commended is produce
fJOl:I1R1C1115, elecuonicnlly stored information, or tangible things, ar u~
peimlit the inspectii>n cif premises, nee~1 nut apprar in perstxi at the ptau of
production or inspection unlaas alw~ cpmmanded to appear for a d~pr~ilion,
hrbring, ur trial.
(13J ObJecttons, A person commanded to produce documents or tangible
things or to permit inspecxion may serve nn the pazty or attomcw designated
in the subpoena a ~vtittai objection to inspecting, copying, testr~ or
sampling any or X11 ofthe materiels ar to inspecting the promise or w
producing cl~~chonicakly scored inforu~aUon in the form or fvms requested,
'file objection must be served before tle cazlicr oft6e time specified for
compliance or 14 days afler the subpoena is served Ifas objection is made,
the following rules apply:
{i) At any time, nn notice to the cnmmanJed perscm, the serving party
may move the ~rourt For the district where compliance is required fcx an
<xdcr c:ompclling production or inspection.
(ii) These acts moy be required vnty as dirc~;trAi in the order, and the
order must protect a person wtw is neither a party nor a party's ot~icer hem
significant expense resulting ttom complimrce.

(ii) disclosieg an imrGtained expert's opinion ur information that does

not describe specific nccurrznces in disputo and msulfs from the expar!'c
study that was not requcsied by a party,
(CJ Specifying Curu/l1lons as tm,Rl/ernrpth~e. In the circumstances
described in Rule 45(d}(3xB),the court may, ir~stcad ofquashing or
modifying e subpoena, order appearance or production under specified
ennditions ifthe serving party:
(i)shoax a substaniiat need for the testimony a material that cannot
be <>thanvisn met without undue hur~Lhip; and
(ii) ensures that the subpoenaed person will be masonabty
compensated.
{e)Dottie in Respondlag to a Subpoena.
(1f Frodurrng poeuments or EteuronicalH Scared hformul(orr, These
prcfcedures apply tq producing documents ar electronically stored
information;
(A)Documexu, A person responding W a subpoaia to pz'oduea
documents must produce them as they are kept in the ordinary Course of
business or must organic and latxl diem to correspond In the categories in
the tlCitlAtld.
(RJ Formfur Producing E~eclronlar/!y Stored Informnlion Nof
S~,ecrfred. If a subpoena does ant specify a form for producing
eldetronically stored information, the sop responding must produce it in
a form cir firms in which it is ardinarily maintained or in a reaxonably
wabte form or limns,
(C)ElecbonicaUy Stored li(formplinn P~oduccd in O~tly One Form. 71~e
parson responding Wend not produce the same nlcevonicaliy stored
information in morn than one form.
(D)/naccessrb/e Elecvon~cdly Scored lnformalfon. The person
responding nerd nog pruvid~ discovery ofelectronically stored information
from sources that IhC person identifies as not rrasnnabl}' acxsssible because
of undue burden or cost:On motion to wmpel discovery or for a protective
rndcr,the person responding must show that lha informaticm is not
reasonably accessible because ofundue burden or cost If that showing is
made,the court may nonetheless order diswvery from such sources ifthe
requesting party shows good cause,considering the limitatiaas ofRule
26(bx2xCj. 7'he covet nwy specify conditions for the discovuvy.

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(3J ~Juashing or Agod~ing a Suhpoenv.
(Q1 K'hen RequJred. On timely motion, the court for the distrid wherC
compliance is required must qua4h a modify a subpoena thxc
(i) tails to allow a rcasonebie time to comply;
(ii) requires a person to comply bcyo~d the geographical limits
specified in Rule 45(c};
(iii) requires disclosure of privileged or otlcr protected matter, ifno
exception a waiver applies; or
(iv)subjects a person to undue burden.
(B) When Permitted.'fo protca a person subject t1~ or af}'ected by n
subpoena,the court for the disMct wfiere complianc:c is required may,an
motion, quash ar modffy the subpoena if it requires:
(i) disclosing n trade scccet or other confidrntial rcscsreh,
development, or commcrcia! information; or

(2J Clatmtng Prrvitege or Prolecrton.

(A)lnformallon i4'i/hheld. A petsori withholding subpoenaed
infi~rmauun under a claim U~xl it is pririleged or subject to protection as
tria)-preparation meterinl mutt:
(i)expressly make the claim; and
(ii) describe the natwe ofthe withheld documtnts, communications,
or tangible things in a manner that, without revealing information itself
privileged of protcetcd, tiyitl enable thy: parties to assess the claim.
(BJ lnfnrmcrrlon PraApceQ, If information pmdu~Q in resFwnsc u~ a
subpoena is subject W a claim of privilege yr of proteaiun as trialpreparetion ma[aial, the perscm malting t!~ claim may notify any party that
rnccivcd the information of thG claim xnd t}se basis for it. ARcr being
nMiRed, a party moot promptly ratun~, sequester, or desvoy the sQecified
infarmndon and any c~pics ii bus; must nut tree nr discJce the inf~rmatian
until the claim is recol~ed; must tuk~ r~asonabte steps to retricvo the.
infprn~ati0n ifthe party disclenai it before being nptified; and may
prpmpily present the informaEion under seal to the court for the district
where compliar~ is required far a determination of the claim. The person
who produced the infonnution must preserve Ute information until the claim
is resolved.
(~)Coatemp~. The Court for the district where compliance is reyutredand
alw, after a motion is transferred, chc issuing enure may hold in concempc
a person who, having been served, faits without adeque~e excuse to obey
the subpoena or au order related to it.

For access to subpoena materia}s, see Fed. R. Civ. P. 45(a)Commincc Note(2013)

Case 09-39032-SLM

Doc 215-3

Filed 07/13/16

Exhibit B

Entered 07/13/16 11:28:50

Desc

Page 5 of 9

AMENDED RIDER TO SUBPtIENA

DEFINITIONS
1.

As used herein,the term "AND/OR" shall be interpreted conjunctively and shall

not be construed disjunctively to exclude any information otherwise obtained within the scope
of any requests.
2.

As used herein,the term 'BANKRUPTCY COURT'means the United States

Bankruptcy Court for the bistrict of New Jersey, where the be6tor's Chapter 7 Case, Case No.
09-39032,is pending.
As used herein,the term "CONCERNfNG" means regarding, referring to,
pertaining to, relating ta, ar otherwise affecting or concerning.
4.

As used herein,the term "Debtor" means "Giuseppe Giudice and/or Teresa

Giudice".
As used herein,the term "DOCUMENT" means any papers, writings or records of
5.
any type ar source of authorship in your possessia~, custody or control; or of which you have
knowledge, wherever located, however produced ar reproduced, or whether a draft, origins! or
copy. Byway of i{lustration and not limitation, the term "document" shalt include memoranda

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of telephone conversations, summaries,diaries, or other records of personal conversations or
interview; and minutes, summaries, or other records of any meetings, discussions or
conferences, as well as other Hates, reports, records, data memoranda,correspondence,
notebooks,scrapbooks, diaries, minutes,summaries,financial statements,ledgers, magnetic
tape or other sound recordings,telegrams, letters, photographs, drawings, plans, studies,
manuals,instructions, bids, specifications, g~aph~, sketches, blueprints, charts, curves, motion
picture film, microfilm, computer records, emails, photographs, photographic negatives,
photocopies, Photostats, descriptions, purchase orders, agreements, contracts, invoices, bills of
lading, published or unpublished speeches, manuscripts or articles, transcripts, affidavits,

depositions, printed matter, publications and any other retrievable intelligence, however
recorded, mernoriatized or preserved. Any original or copy containing or having attached
thereto any alterations, note, comments or other material not included in each other original or
copy shall be deemed a separate document within the foregoing definitions.
6.
As used herein,the term "PERSON" means any natural persona, corporation,
partnership, association, organization or group of persons.

Case 09-39032-SLM

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Exhibit B Page 6 of 9

Desc

UNAVAIWBILITY OF DOCUMENTS

To the extent a document is sought herein and such document was, but is no longer in
your possession, or subject to your control,or in existence, state whether it {i} is missing ar lost,
(ii) has been destroyed,(iii) has been transferred, voluntarily or involuntarily to others, or (ivy
has been othervvise disposed of and, in each instance, explain the circumstances surrounding
and authorization for such disposition thereof; state the date or approximate date thereof; the
contents of said document;and the person whn authorized the transfer, destruction or other
disposition of said document. aocuments prepared prior to, but which relate or refer to,the
time period covered by these document requests are to be identified.
PRIVILEGE
identify, by date, author, recipient, distribution list and subject matter,each document
which is responsive tv a specific document request, but which you will not produce based upon
the assertion of a claim of privilege, attorney's work-product, or other asserted justification for
non-production, and with respect thereto, speci#ically identify the alleged privilege asserted for
each document.

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Case 09-39032-SLM

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Exhibit B Page 7 of 9

~
1.
interest in.

~.~! .

Desc

.c . ~

A schedule of any real property owned by the Debtor and/or he or she has an

2.
A schedule of any personal property owned by the Debtor and/or he or she has
an in#erest in.
Any and a!I copies/images of bank statements, canceled checks, debit memos,
financial documents, and copies of checks related to any and alE bank or investment accounts
the pebtor has an interest in, Limited to the period of SeptQmber 20I1,through and including
the present. Note this request includes, but is not limited ta,the last pages of monthly bank
statements that may include copies ofthe cancelled checks.
4.

The tax returns(state and federal}for the last four years far the Debtor.

5.
A schedule of all businesses, corporations, partnerships, limited liability
companies,sole proprietorships, the Debtor has or had any ownership interest In, limited to the
period pf September 2011 to present.

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6.
Any and all documents referring or relating to any loans, gifts, and/or other
transfers or remunerations given by the Debtor to or for the benefit of a third party, limited to
the period of September 2011 to present,including without limitation, checks, wire transfers,
and/or payments on behalf of third parties, and further limited to loans, gifts, andJor other
transfers or remunerations in the aggregate amount of $5,000.
Copies of the most recent three years audited, reviewed or compiled financial
7.
statements,ar if none exist, copies of the Debtor's internally prepared financial statements.
8.
Copies of any life insurance policies and any other documentation concerning
such policies owned by the Debtor.
9.
A listing of III vehi~l~s owned by the Debtor along with the original veh(cles title
certificates, limited to September 2011 through present.
10.
Copies of loan agreements and monxhly loan statements from September 2011
through September 2015 for any bank loans the Debtor may have had.
11.
Monthly credit card statements from September 2011 through September 2015
for any credit cards the Debkor used.
All documents concerning any payments of debts made by the Qebtor from the
12.
date of filing of the petition.

Case 09-39032-SLM

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Exhibit B Page 8 of 9

Desc

All documents concerning the financing or purchase or transfer of any asset of

13.
the Debtor from the date of filing of the petition.
x#11 documents concerning the valuation of any assets andjor prgperry of the
14.
Debtor from the date of filing the petition.
Any and all documents and information available on the alleged claim against
15.
James Kridel, Esq.
16.

Copy of employment contracts entered into in the last 4 years.

17.
Copy of Federal and State Tax Returns for both Teresa Giudice or Giuseppe
Giudice for the past 3 years.
Copy of bank statements and cancelled checks of Teresa Giudice and Giuseppe
18.
Giudice, individually or jointly from January 2011 to present.
Regarding Wachovia, all transfer documents and any documents regarding a
19.
change in the amount claimed.

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20.

Re: Matropole and Testa, Appellate Division opinion.

21.
Re: Dominion Financial GQrporation,transfer documents and any documents
showing tfiat claim was reduced both as to claim #118 and #19.

Re:State of New Jersey, Department of Treasury,the settlement and tax

22.
repayment plan aid all amounts paid pursuant thereto, both with respect to $441,218.76 tax
claim and $62,570.70 tax claim.
23.
Re: Internal Revenue Service claim #25, a copy of settlement and tax repayment
plan and all payments made pursuant thereto
24.
Re: Alliance Laundry systems LEC claim #Z6, a copy of settlement and repayment
plan together with all amounts paid pursuant thereto.
25.
Re: Dan Ban Construction LIC, a copy of Debtors' claim for a violation of the New
Jersey Consumer Fraud Ad.
26.

Re: Jersey Central Power and Light, proof that this claim has been paid.

27,

Re: Resurgent Capital Serv(ces, produce proof #hat this claim has been paid.

2$.

Re: Williams, produce proof that this claim has been pall.

Case 09-39032-SLM

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Exhibit B Page 9 of 9

29.

fte: North Hudson IVF, produce proof of payment.

30.

Re: Resurgent Cap9tal Services, claim no. 8, produce proo#that claim has been

Desc

paid.
31.
been paid.

R~: Resurgent Capital Senric~~, claim na 9, produce proof that this claim has

32.

Re: New York City Department of Finance, produce proof of payment of claim

33.
been paid.

Re: Resurgent Capital Services, c{aim no 14, produce proof that thts claim has

#12.

34.

Re: Verizon, claim no 15, produce proof that this claim has been paid.

35.

Re: HBSC Bank Nevada, NA, provide proof that claim #2Q has been expunged.

36.

Re: Ronnie R.Sanchez, provide proof that claim no 21 has been paid.

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37.

Re: Ford Motor Credit Co. LI.C, provide proof that claim no 22 has been paid.

38.

Proof that $400,000 criminal restitution has been paid.

Case 09-39032-SLM

Doc 215-4 Filed 07/13/16 Entered 07/13/16 11:28:50

Exhibit C Page 1 of 1

Desc
Client Ref.:

AFFIDAVIT OF SERVICE
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

----------------------------------------------------------------------------------------------In re Giuseppe Giudice and Teresa Giudice

Gase Number: 09-39032

Filed On: 06/14/2016

vs

State of New Jersey:

Bergen County ss:

I Danny Callahan, being duly sworn according to law upon my oath, depose and say: Deponent is not a
party to this action, has no direct personal interest in this litigation, is over eighteen years of age and resides in the State of New Jersey
That on 06/28/2016 at 5:06 PM., at6 Indian Lave, Towaco, NJ 07082

Deponent served the within Subpoena for -Rule 2004 Examination -Amended, Amended Rider to Subpoena,
Unavailability of Documents,Schedule of Documents
On Teresa Giudice
PERSONAL/INDMDUAL: By delivering thereat a true copy of each to Teresa Giudice personally, deponent knew said Individual so
served to be the Individual described as Teresa Giudice therein.

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DESCRIPTION: Teresa Giudice is described to the best of deponent's ability at the time and Lhe circumstances of service as follows:
Gender: Female Race/Skin: White Hair: Black Age: 40 - 49 Yrs Height: S'8" - 5'11" Weight: 150 -174 Lbs. Other:

I certify that the foregoing statements made by me are true, correct and my free act and deed. I am aware that if any ofthe foregoing
statements made by me are willfully false, 1 am subject to punishment.

Subscribed and Sworn to before me an~~ aq ,

~n! to
-

.~

X
Y CALLAHAN,Process Server
7ob # 160188b

~,
DONNA LEAN AF
Notary Public of
My Commission

D .

tz
November 30. 2017

CALLANAN LAWYERSSERVICES SO MAIN STREETS H.9ClY~'NSAC%

NJ 47601

Case 09-39032-SLM

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Proposed Order Page 1 of 2

Desc

UNITED STATES BANKRUPTCY COURT

DISTRICT OF NEW JERSEY
KOPELMAN & KOPELMAN LLP
55 Main Street
Hackensack, NJ 07601
Tel: 201 489-5500
Fax: 201489-7755
Michael S, Kopelman, Esq.(MSK 6104)
Attorneysfo~~ John W. Sywiloli, Chapter 7 Trztstee
In Re:

CHAPTER 7

GIUSEPPE GNDICE and

TERESA GIUDICE

CASE NO. 09-39032

JUDGE: Stacey L. Meisel
Debtors.
Hearing Date: 8/]6/l 6 @ 10:00 am

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ORDER

The relief set forth in the following page two (2)through two (2) is hereby ORDERED.

Case 09-39032-SLM

Debtor:
Case No.:
Caption of Order:

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Proposed Order Page 2 of 2

Desc

Giuseppe Giudice and Teresa Giudice

09-39032
Order

THIS MATTER being opened to the Court by Kopelman & Kopelman LLP (Michael S.
Kopelman, Esq. appearing) attorneys for Chapter 7 Trustee, John W. Sywilok, and due notice to
all parties in interest having been given and the Court having considered Trustee's motion to
hold Teresa Giudice and contempt for failure to comply with amended Rule 2004 Subpoena and
the Court having considered the moving papers, the opposition thereto, if any, and the arguments
of counsel; and good cause appearing for the entry of this Order,
iT IS HEREBY ORDERED AS FOLLOWS:
Teresa Giudice is ordered to comply with the Trustee's amended Rule 2004

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Subpoena and amended document demand served personally on June 28, 2016 and produce
documents responsive to document demand immediately.
2.

Teresa Giudice shall pay a fine of $1,000.00 per day from July 13, 2016 to John

W. Sywilok, Chapter- 7 Trustee until there is compliance with amended Rule 2004 subpoena and
complete submission of requested amended production of documents.
3.

Teresa Giudice is ordered to appear- for- the deposition hearing scheduled for July

20, 2016 at 10:00 a.m. to 55 Main Street, Hackensack, New Jersey. Failure to appear will cause
additional fine of $1,000.00 per day until there is compliance.
4.

The Clerk shall serve notice of the entry of this order upon the Debtor, the

Debtor's attorney, the United States Trustee and any other party who entered an appearance in
this matter'.