Tuesday, August 1, 2017

PR Brian O'Connell Can't Seem to Remember that he is CLEARLY CONFLICTED and for the Same Reason as was Judge Cory Ciklin.

In the Estate of Simon Bernstein, PR Brian O'Connell is CONFLICTED for some of the same reasons as is and was Judge Cory Ciklin. O'Connell knew from the start yet has not NOTIFIED the Courts and Removed himself as PR. Why?

"as to this Court's October 27, 2016 order in Case No. 16-3162, the Court sua sponte recognized a potential conflict immediately after the order issued, and the case was sent to a different member of the Court for consideration. " 

Source of DOCKET Quote Above
http://199.242.69.70/pls/ds/ds_docket?p_caseyear=2016&p_casenumber=1476&psCourt=4&psSearchType=

ESTATE OF Simon L. Bernstein
File No.: 502012CP004391XXXXNB IH
Petition for Instructions Regarding
Conflict of Interest Waivers


"Filing # 57927473 E-Filed 06/19/2017 12:39:59 PM

IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT OF FLORIDA, 
IN AND FOR PALM BEACH COUNTY PROBATE DIVISION

FILE NO.: 502012CP004391XXXXNB IH

IN RE: ESTATE OF
SIMON L. BERNSTEIN,
Deceased.
-------------'/
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
follows:

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 oflnterest 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
& Lardner;

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
Department;

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."

Source
https://drive.google.com/file/d/0Bzn2NurXrSkiSWw3bUEwWDJWanc/view


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