Case 09-39032-SLM Doc 215 Filed 07/13/16 Entered 07/13/16 11:28:50 Document Page 1 of 2 Desc Main 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) Attorneys for John W. Sywilok, Chapter 7 Trustee In Re: CHAPTER 7 GIUSEPPE GIUDICE and CASE NO. 09-39032 JUDGE: Stacey L. Meisel Debtors. Hearing Date: 8/16/16 @ 10:00 am NOTICE OF MOTION TO HOLD TERESA GIUDICE IN CONTEMPT FOR FAILURE TO COMPLY WITH AMENDED RULE 2004 SUBPOENA TO: Anthony M. Rainone, Esq Brach Eichler LLC. 101 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. Sywilok, 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. Case 09-39032-SLM Doc 215 Filed 07/13/16 Entered 07/13/16 11:28:50 Document Page 2 of 2 Desc Main 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 parte. PLEASE TAKE FURTHER NOTICE 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 herewith. KOPELMAN & KOPELMAN LLP Dated: July 13, 2016 BY: 2 /s/ Michael S. Kopelman Michael S. Kopelman, Esq. Case 09-39032-SLM Doc 215-1 Filed 07/13/16 Entered 07/13/16 11:28:50 Certification 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) Attorneys for John W. Sywilok, Chapter 7 Trustee In Re: CHAPTER 7 GIUSEPPE GIUDICE and TERESA GIUDICE CASE NO. 09-39032 JUDGE: Stacey L. Meisel Debtors. Hearing Date: 8/16/16 @ 10:00 am CERTIFICATION OF MICHAEL S. KOPELMAN IN SUPPORT OF MOTION TO HOLD IN CONTEMPT I, Michael S. Kopelman of full age hereby certify and say as follows: 1. 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 Sywilok. 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 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 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 mail, 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 4. Doc 215-1 Filed 07/13/16 Entered 07/13/16 11:28:50 Certification Page 2 of 2 Desc On June 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 10:00 a.m. 8. This certification is made to hold Teresa Giudice in contempt for failure to comply with amended Rule 2004 Subpoena and amended document demand and to impose a fine of $1,000.00 per day from July 13, 2016 payable to John Sywilok Trustee until there is 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, Hackensack, 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 for JOHN W. SYWILOK, as Trustee of the Bankruptcy Estate of Giuseppe Giudice and Teresa Giudice Dated: July 13, 2016 BY: 2 /s/ Michael S. Kopelman Michael S. Kopelman, Esq. Case 09-39032-SLM Doc 215-2 Filed 07/13/16 Entered 07/13/16 11:28:50 Exhibit A Page 1 of 5 Desc Case 09-39032-SLM Doc 215-2 Filed 07/13/16 Entered 07/13/16 11:28:50 Exhibit A Page 2 of 5 Desc Case 09-39032-SLM Doc 215-2 Filed 07/13/16 Entered 07/13/16 11:28:50 Exhibit A Page 3 of 5 Desc Case 09-39032-SLM Doc 215-2 Filed 07/13/16 Entered 07/13/16 11:28:50 Exhibit A Page 4 of 5 Desc Case 09-39032-SLM Doc 215-2 Filed 07/13/16 Entered 07/13/16 11:28:50 Exhibit A Page 5 of 5 Desc Case 09-39032-SLM Doc 215-3 Filed 07/13/16 Entered 07/13/16 11:28:50 Exhibit B Page 1 of 9 Desc Case 09-39032-SLM Doc 215-3 Filed 07/13/16 Entered 07/13/16 11:28:50 Exhibit B Page 2 of 9 Desc Case 09-39032-SLM Doc 215-3 Filed 07/13/16 Entered 07/13/16 11:28:50 Exhibit B Page 3 of 9 Desc Case 09-39032-SLM Doc 215-3 Filed 07/13/16 Entered 07/13/16 11:28:50 Exhibit B Page 4 of 9 Desc Case 09-39032-SLM Doc 215-3 Filed 07/13/16 Entered 07/13/16 11:28:50 Exhibit B Page 5 of 9 Desc Case 09-39032-SLM Doc 215-3 Filed 07/13/16 Entered 07/13/16 11:28:50 Exhibit B Page 6 of 9 Desc Case 09-39032-SLM Doc 215-3 Filed 07/13/16 Entered 07/13/16 11:28:50 Exhibit B Page 7 of 9 Desc Case 09-39032-SLM Doc 215-3 Filed 07/13/16 Entered 07/13/16 11:28:50 Exhibit B Page 8 of 9 Desc Case 09-39032-SLM Doc 215-3 Filed 07/13/16 Entered 07/13/16 11:28:50 Exhibit B Page 9 of 9 Desc 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 Case 09-39032-SLM Doc 215-5 Filed 07/13/16 Entered 07/13/16 11:28:50 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) Attorneys for John W. Sywilok, Chapter 7 Trustee In Re: CHAPTER 7 GIUSEPPE GIUDICE and TERESA GIUDICE CASE NO. 09-39032 JUDGE: Stacey L. Meisel Debtors. Hearing Date: 8/16/16 @ 10:00 am 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: Doc 215-5 Filed 07/13/16 Entered 07/13/16 11:28:50 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: 1. Teresa Giudice is ordered to comply with the Trustee’s amended Rule 2004 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. 2