BRIAN M. O'CONNELL wants to know whether to respond? What? While at the same time listing conflicts that look clear enough to me that he should have NEVER been the Successor Personal Representative.
IN RE: ESTATE OF
Simon L. Bernstein
File No.: 502012CP004391XXXXNB IH
Petition for Instructions Regarding
Conflict of Interest Waivers
"BRIAN M. O'CONNELL, as Successor Personal Representative of the Estate of SIMON
L. BERNSTEIN ("Mr. O'Connell" or "Successor Personal Representative"), by and through
undersigned counsel, hereby files this Petition for Instructions, and in support thereof, states as
1. The Decedent, a resident of Palm Beach County, Florida, died on September 12,
2012, with an Estate ("Estate"), subject to probate in the State of Florida.
2. The Will of Mr. Bernstein named two personal representatives, Robert L. Spallina
("Spallina") and Donald R. Tescher ("Tescher").
3. On June 24, 2014, Mr. O'Connell was appointed as the Successor Personal
Representative of the Estate of Simon L. Bernstein ("Estate" and "Decedent," respectively).
4. There is extensive litigation involving the Decedent and his Estate.
5. Such litigation involving the Estate is ongoing and there is no resolution to date.
6. On March 20, 2017, Mr. O'Connell received a Conflict of Interest Disclosure form
from the Decedent's son, Eliot Ivan Bernstein.
7. The Conflict of Interest Disclosure form is 50 pages long and involves a total of
2,935 parties as listed including, but not limited to the following:
a. Proskauer Rose, LLP., plus 601 potential defendants purportedly associated with
Proskauer Rose, LLP.;
b. Meltzer, Lippe, Goldstein, Wolf & Schlissel, P.C., plus 34 potential defendants
purportedly associated with Meltzer, Lippe, Goldstein, Wolf & Schlissel, P.C.;
c. Foley & Lardner plus 1,042 potential defendants purportedly associated with Foley
d. Schiffrin & Barroway, LLP., plus 40 potential defendants purportedly associated
with Schiffrin & Barroway, LLP.;
e. Blakely Sokoloff Taylor and Zafman, LLP., plus 76 potential defendants
purportedly associated with Blakely Sokoloff Taylor and Zafman, LLP.;
f. Wildman, HaiTold, Allen & Dixon, LLP ., plus 198 potential defendants purportedly
associated with Wildman, Harrold, Allen & Dixon, LLP.; plus
g. 768 Non-Disclosure Agreements, Non-Compete Employment Agreements,
Strategic Alliances, Licensees, Patent Disclosures, Other Contracts Requiring
Confidentiality companies and persons; plus
h. 172 Additional entities, persons, etc., lumped together and/or listed, including, but
not limited to, for example:
1. "The Fifteenth Judicial Circuit - West Palm Beach Florida; Judge Jorge
Labarga ("Labarga"); any other John Doe ("John Doe") Fifteenth Judicial
Circuit - West Palm Beach Florida staff, known or not known to have been
involved at the time;"
11. "The Supreme Court of New York Appellate Division: First Judicial
Department, Departmental Disciplinary Committee; Thomas Cahill -
("Cahill"); Joseph Wigley - ("Wigley"); Steven Krane, any other John Doe
("John Doe") of the Supreme Court of New York Appellate Division: First
Judicial Department, Departmental Disciplinary Committee staff, known or
not known to have been involved at the time;"
111. "The Florida Bar; Lorraine Christine Hoffman - ("Hoffman"); Eric Turner
- ("Turner"); Kenneth Marvin - ("Marvin"); Anthony Boggs - ("Boggs");
Joy A. Bartmon - ("Bartmon"); Kelly Overstreet Johnson - ("Johnson");
Jerald Beer-("Beer"); Matthew Triggs; Christopher or James Wheeler; any
other John Doe ("John Doe") The Florida Bar staff, known or unknown to
have been involved at the time;"
IV. Yale Law School;
v. Supreme Court of New York Appellate Division First Department;
v1. Supreme Court of New York Appellate Division Second Judicial
VIL Supreme Court of New York Appellate Division Second Department
Departmental Disciplinary Committee;
vm. State of New York;
IX. The Office of Court Administration of the Unified Court System;
x. State of Florida, Office of the State Courts Administrator, Florida,
xi. Florida Supreme Court
xu. City of Boca Raton, Florida; plus
1. 16 "Cases Seeking or Related to Anderson."
8. Given the volume of parties for which a conflict of interest disclosure is requested,
the Conflict of Interest form would require countless hours for Mr. O'Connell to complete. See a
copy of the Conflict of Interest Disclosure form, attached hereto as Exhibit "A."
9. Therefore, Mr. O'Connell requests the Court for instructions regarding the Conflict
of Interest Disclosure form and whether Mr. O'Connell, as Successor Personal Representative of
the Estate, should respond to same.
WHEREFORE, BRIAN M. O'CONNELL, as Successor Personal Representative of the
Estate of SIMON L. BERNSTEIN, by and through undersigned counsel, respectfully requests this
Court for instructions on whether to respond to the Conflict of Interest Disclosure form, and for
attorneys' fees and costs pursuant to Fla. Stat. § 73 3 .106 and any other relief deemed just and
proper by this Court.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was sent by e-mail
service via the Court's e-portal or U.S. Postal Service to Counsel and Parties of record listed on
the attached Service List this 19th day of June, 2017.
Isl Joielle A. Foglietta
BRIAN M. O'CONNELL
Florida Bar No: 308471
ASHLEY CRISPIN ACKAL
Florida Bar No: 37495
JOIELLE A. FOGLIETTA
Florida Bar No. 94238
ZACHARY M. ROTHMAN
Florida Bar No. 117924
CIKLIN LUBITZ & O'CONNELL
515 N. Flagler Dr., 20th Floor
West Palm Beach, FL 33401"
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- PAM SIMON REPORT
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- Judge Rosemarie Scher
- Cease and Desist DEMANDS to Guardian Diana Lewis