Epstein Secrets

his case come from the following sources: (1) the Defendants' Answer [D.E. 67] to the Plaintiffs Amended Complaint; (2) the criminal proceedings of Scott W. Rothstein and Debra Villegas;' (3) the affidavits and exhibits of attached to the Motion and Reply; and (4) the affidavit and exhibits attached to the Respon

urt takes judicial notice of the criminal Information [D.E. 1], the Plea Agreement [D.E. 69], and the Judgment [D.E. 290] filed in United States v. Rothstein, 09-60331-JIC (S.D. Fla. 2009), as well as the information [D.E. 1], and plea agreement [D.E. 20-2r filed in United States v. Vilieges, 10.60126-WJZ

that there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c); Fed. R. Bankr. P. 7056: Ce/otex Corp. v. Catrett, 477 U.S. 317, 322-23 (1986). 2 EFTA00595531 Case 10-02612-RBR Doc 148-1 Filed 12/14/10 Page 3 of 10 The

UDERDALE DIVISION www.flsb.uscourts.gov IN RE: ROTHSTEIN ROSENFELDT ADLER, M., Debtor. CASE NO. 09-34791

nors suggest that Rule 35 does not apply, but Epstein previously showed why this is incorrect. See Epstein's Motion, D.E. 6440 at n.4. See also Fed. R. Bankr. Proc. 7035; see also generally In re Dillon, 194 B.R. 533 (Bankr. S.D. Fla. 1996). In fact, the Intervenors make no actual or genuine effort to su

UDERDALE DIVISION www.flsb.uscourts.gov IN RE: ROTHSTEIN ROSENFELDT ADLER, P.A., Debtor. CASE NO.: 09-34

eemingly contrary and unsupported factual assertions in his most recent pleadings, which are inadmissible in these proceedings. See Rule 9017, Fed. R. Bankr. P. 9017 (rules of evidence apply to bankruptcy proceedings). See, e.g., hi re Arrow Air, Inc., No. 10-28831-BKC-AJC, 2012 WL 314192, at *2 (Bankr.