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CAUSE NO. 2021
MICHAEL D. SYDOW, IN THE DISTRICT COURT OF
Plaintiff/Applicant,
HARRIS COUNTY, TEXAS
LISA MINTON F/K/A LISA
PENAFIEL,
Defendant/Respondent. 295th JUDICIAL DISTRICT
ORDER APPOINTING RECEIVER AND FOR TURNOVER
On February 21, 2022, came on to be heard the Application for Turnover After Judgment
and Appointment of a Receiver filed by MICHAEL D. SYDOW (“Applicant”) against
Judgment Debtor, LISA MINTON F/K/A LISA PENAFIEL ( MINTON . Alan Daughtry
appeared for Applicant, Michael D. Sydow and Lisa Minton appeared and acknowledged
that she had received notice of this proceeding. The Court, having reviewed the pleadings on file
and all testimony and evidence, is of the opinion that Applicant is entitled to collect upon a final,
valid and subsisting Judgment against MINTON and that the relief should be granted and makes
the following orders to assist Applicant in obtaining satisfaction of the Judgment rendered by
this Court on October 4, 2021
Factual findings The Court finds that:
Applicant prior to filing the Application for Turnover and Appointment of a Receiver,
had issued and attempted service of a writ of execution on MINTON; however, at her regular
place of abode serving Constable’s received no answer.
The Court finds that Applicant made a good faith effort to collect the Judgment but was
unsuccessful.
The Court finds that Applicant has good faith reasons to believe that MINTON owns
nonexempt rights to present or future property that cannot be readily attached or levied upon by
ordinary legal process, like bank accounts, 1099 payments, tax refunds, that are easily moved
and constantly changing in balance and interests in lawsuits or choses of action and a Judgment
in the principal sum of $249,600,000.00 and possibly claims, suits and/or causes of action
pending in South America, United States, Canada, Mexico, Australia, Asia, Russia, the
Caribbean, the Pacific and/or Europe on that Judgment that MINTON holds against JOSE
ALEJANDRO PENAFIEL. In addition, Lisa Minton conceded that she had no nonexempt
rights to present or future property that cannot be readily attached or levied upon by ordinary
legal process, with the Judgment referred to above against JOSE ALEJANDRO PENAFIEL
being her main non-exempt asset.
The Court further finds that MINTON only owns 2/3 or 66.667% of the $249,600,000.00
Judgment against JOSE ALEJANDRO PENAFIEL, the other 1/3 or 33.333% being owned by
Applicant, MICHAEL D. SYDOW.
The appointment of a Receiver to locate, marshal, and administer assets is justified
because the Court believes that assets exist which are not exempt from attachment, execution or
seizure for the satisfaction of liabilities, specifically, the $249,600,000.00 Judgment against Jose
Alejandro Penafiel.
It is therefore, ORDERED, ADJUDGED and DECREED by this Court that David
Fettner (“Receiver”) whose address is: 6700 Sands Point Dr., Houston, Texas 77074, telephone
is (713) 626-7277, be and he is hereby, appointed Receiver to serve after posting the Bond, which
may be a surety bond, and taking the oath of office in this case pursuant to the Texas Turnover
Statute over only the $249,600,000.00 Judgment against JOSE ALEJANDRO PENAFIEL that
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is partially owned or controlled by LISA MINTON F/K/A LISA PENAFIEL and that is to be
delivered to Receiver pursuant to this Order.
It is further ORDERED, ADJUDGED and DECREED:
1. That MINTON make full and complete disclosure to the Receiver of the
$249,600,000.00 Judgment against Jose Alejandro Penafiel and any documents
associated with such Judgment and any ongoing collection efforts of same by Hogan
Lovells, Jeffrey Rosenblum, Charles Gregory, L. “Butch” Brady or any attorney
hired by MINTON to collect this Judgment and to neither directly or indirectly
interfere or imped the Receiver in his performance of his duties under this Order.
2. That MINTON is ORDERED to turnover and deliver custody to Receiver within
ten (10) days from MINTON’s receipt of a copy of this Order, the documents
described on Exhibit “A” attached hereto, together with all other documents and
records requested by the Receiver, and to pay the proceeds from the collection of the
$249,600,000.00 Judgment should she receive same to the Receiver to the extent
required to satisfy the amount owed under the judgment and this receivership.
3. That to the extent owed pursuant to the Final Judgment and the subject of this
turnover and receivership, MINTON turnover to Receiver at Receiver’s address
stated above, within ten (10) days of MINTON’s receipt of a copy of this Order, all
checks, cash, securities (stocks and bonds), promissory notes, documents of title,
contracts associated with the $249,600,000.00 Judgment and is hereby ORDERED
to continue to turnover to the Receiver at the Receiver’s address all of said checks,
cash, securities (stocks and bonds), promissory notes, documents of title and contract
associated with the $249,6000.00 Judgment within three (3) days from MINTON’s
receipt and possession of such property, if, as and when MINTON becomes in
receipt and possession of such property.
4. Receiver shall have all power and authority to take possession of only the non-
exempt
property of MINTON as follows:
a. All cash and accounts receivable, including lease payments, notes receivable,
promissory notes, drafts and checks, monies on deposit in financial institutions,
financial accounts (bank accounts), monies received by MINTON in collection
of the $249,600,000.00 Judgment against Jose Alejandro Penafiel in the form of
checks, cash or credit card payments or receipts;
b. Stocks, bonds, securities, brokerage accounts, certificates of deposit, money
market accounts, and accounts held by third parties which form any part of the
collection of the $249,600,000.00 Judgment against Jose Alejandro Penafiel;
c. All real property and deeds to real property which form any part of the collection
of the $249,600,000.00 Judgment against Jose Alejandro Penafiel;
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d. Titles to automobiles or other vehicles including boats, trailers, planes
recreational vehicles, etc. which form any part of the collection of the
$249,600,000.00 Judgment against Jose Alejandro Penafiel;
e. Any and all claims, demands, administrative proceedings, causes of action or
choses in action and contract rights, whether present or future, accrued or not,
filed or not, commenced or not which form any part of the collection of the
$249,600,000.00 Judgment against Jose Alejandro Penafiel; and
f. All documents, books, depositions of third parties orof Jose Alejandro Penafiel
and records related to said $249,600,000.00 Judgment against Jose Alejandro
Penafiel (including financial records of Jose Alejandro Penafiel) that is in the
actual or constructive possession or control of MINTON or her attorneys.
5. Receiver is authorized by the Court to obtain credit reports, bank searches, and other
reports to aid in the locating of non-exempt property of Jose Alejandro Penafiel as
necessary to collect the $249,600,000.00 Judgment.
6. Receiver is hereby authorized to secure control over the collection of the
$249,600,000.00 Judgment, engage in pre-sale activities in order to secure the
highest and best sales price for such $249,600,000.00 Judgment, if to be sold versus
collected, including but not limited to appraisals, evaluations, listing agreements,
advertising agreements, etc. Receiver must make application to this Court for any
sale of the $249,600,000.00 Judgment said application to be filed and approved by
this Court with notice and opportunity for hearing granted to Applicant and
MINTON.
7. All sales of property must be individually approved by this Court with notice and
opportunity for hearing granted to Applicant and MINTON. All sales must be for
reasonable value and must be applied to satisfaction of the Judgment absent further
order of this Court after notice and opportunity to be heard.
8. Receiver shall have the right, power and authority to hire any persons or company
necessary to accomplish any right or power granted by the Court.
9. Receiver shall have the power to subpoena from MINTON, third parties, and
witnesses, production of documents, things and information including but not
limited to matters concerning the existence, location and/or value of MINTON’s
assets, specifically the $249,600,000.00 Judgment and location.
10. That any Constable, deputy Constable, Sheriff, Deputy Sheriff or any other peace
officer is hereby authorized to accompany Receiver pursuant to a writ to locations
designated by Receiver where Receiver believes assets may be located which can
be applied towards the satisfaction of the $249,600,000.00 Judgment, said peace
officers being hereby ORDERED to prevent any person(s) from interfering with the
Receiver from carrying out any duty under this Order or interfering with any
property in control of the Receiver, or any property subject to this Order.
11. That any person or agent of any person, with actual knowledge of this Order is not
to interfere with any property in control of the Receiver or subject to this Order and
is further ORDERED not to interfere with the Receiver in carrying out of any duty
under this Order. Third parties are hereby notified that Receiver, to the exclusion of
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MINTON is the party entitled to possess, sell, liquidate or otherwise deal with
MINTON’s 66.667% of the $249,600,000.00 Judgment against Jose Alejandro
Penafiel and once any third party receives notice of this Order, they may be subject
to liability should they release any property to MINTON unless directed by the
Receiver or this Court.
That it is hereby ORDERED that Receiver pay himself as Receiver’s fees an amount
equal to $500/hour out of any proceeds coming into his possession, and which the Court finds to
be a fair, reasonable and necessary hourly fee for the Receiver, and any out-of- pocket costs
incurred by Receiver save and except any attorney’s fees incurred by the Receiver which must
be approved by the Court prior to payment to his counsel.
IT is further ORDERED and directed that Receiver shall pay the remainder of the
proceeds coming into Receiver’s possession from the collection and/or sale of the
$249,600,000.00 Judgment as follows:
1. One-third of the proceeds collected to Applicant, MICHAEL D. SYDOW in
satisfaction of his 33.333% ownership in the $249,600,000.00 Judgment against
Jose Alejandro Penafiel;
2. Out of the remaining 66.667% of the proceeds collected, payment of Receiver’s
fees and expenses upon the filing of an application and approval of same by this
Court with notice and the opportunity for hearing granted to Applicant and
MINTON. All Receiver’s fees and costs shall be taxed as costs against
MINTON’s 66.667% of the $249,600,000.00 Judgment.
3. Upon payment to the Receiver of his fees and expenses, on an equal basis to
Applicant or Applicant’s attorney as Trustee for Applicant and MINTON until
the Judgment amounts due Applicant from MINTON including the attorney’s
fees ordered herein have been fully paid out of MINTON’s 66.667% of the
$249,600,000.00 Judgment.
4. Thereafter, the remainder of the 66.667% portion of the $249,600,000.00
Judgment then shall be paid to MINTON.
Receiver shall file a Final Accounting with the Court within thirty (30) days of the filing
of a Release of Judgment, or sale and/or assignment of the $249,600,000.00 Judgment. All
authority of Receiver shall terminate thirty (30) days after the filing of said Final Accounting
and Receiver’s bond will be released only upon approval by the Court of the Final Accounting.
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Attorneys’ fees. The Court takes judicial notice of the time that is reasonable and necessary for
the preparation and prosecution of this motion, and LISA MINTON F/K/A LISA PENAFIEL
is ordered to pay Plaintiff’s counsel, Robin M. Ziek, 24 Greenway Plaza, Suite 2050 Houston,
Texas 77046 the sum of $2,500.00 in attorney’s fees.
Receiver is not required to defend or prosecute any litigation regarding LISA MINTON
F/K/A LISA PENAFIEL unless the Receiver in his sole discretion deems it meritorious.
Receiver may propound discovery, pursuant to the Rules of Civil Procedure. He is
authorized to shorten the time periods. He is not required to employ the discovery rules and may
obtain discovery by simply requesting the information or documents from defendants.
All parties are ordered to serve Receiver with copies of all motions, notices, discovery
responses, correspondence, and communications among them.
Notice: An order has been entered against you. You have the right to hire an
attorney to assist you in compliance with this Turnover Order.
If you believe that the Receiver=s demands are inappropriate, you must either comply, or
seek protection from the Court.
Persons seeking protection must set the matter for the earliest possible hearing date, after
giving full notice to the Receiver and attempting to resolve the issues.
Receiver shall post a bond of $100.00.
SIGNED this _______ day of _______________, 2022.
__________________________________
HONORABLE DONNA ROTH
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APPROVED AS TO FORM:
ROBIN M. ZIEK, ATTORNEY AT LAW
By: /s/ Robin M. Ziek
ROBIN M. ZIEK
SBOT: 22262575
The Weslayan Tower
24 Greenway Plaza, Suite 2050
Houston, Texas 77046
(713) 222-8030 - telephone
(832) 565-9011 – facsimile
rziek@sbcglobal.net
ATTORNEY FOR PLAINTIFF,
MICHAEL D. SYDOW
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing pleading was sent by certified
mail - return receipt requested to the following on this the 9th day of March 2022:
Via Email
Ms. Lisa Minton
12800 Briar Forest Dr., #134
Houston, Texas 77077
Mr. Bruce Oakley
Hogan Lovells
609 Main, Suite 4200
Houston, Texas 77002
bruce.oakley@hoganlovells.com
/s/Robin M. Ziek
Robin M. Ziek
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EXHIBIT "A"
DOCUMENTS TO BE PRODUCED
1. Copies of any and all documents evidencing any claims or choices of action that LISA
MINTON F/K/A LISA PENAFIEL has or is a party to including without limitation, to
any litigation pending in Europe (including Russia), South America (including Central
America), Asia, the Caribbean, the Pacific, Mexico, Canada, Australia, Britain or any of
its possessions, protectorates, or commonwealths, or the United States against JOSE
ALEJANDRO PENAFIEL.
2. LISA MINTON F/K/A LISA PENAFIEL’s last twelve (12) months of bank statements
together with all canceled checks, wire transfer slips and deposit slips from any and all
banks, brokerage house and savings and loan associations, credit unions or financial
institutions in which LISA MINTON F/K/A LISA PENAFIEL has a right to withdraw
or deposit funds pertaining to the collection of the $249,600,000.00 Judgment against Jose
Alejandro Penafiel.
3. Stock certificates, bonds or other securities owned by LISA MINTON F/K/A LISA
PENAFIEL in privately held or publicly traded companies or institutions pertaining to
the collection of the $249,600,000.00 Judgment against Jose Alejandro Penafiel..
4. All deeds or deeds of trust for real estate in which LISA MINTON F/K/A LISA
PENAFIEL owns or has owned an interest in since January 1, 2019, together with any
mortgage documents due on such real estate pertaining to the collection of the
$249,600,000.00 Judgment against Jose Alejandro Penafiel..
5. All documents evidencing any transfers of LISA MINTON F/K/A LISA PENAFIEL’s
property, whether personal or real property, since January 1, 2019 pertaining to the
collection of the $249,600,000.00 Judgment against Jose Alejandro Penafiel..
6. Any and all contracts to which LISA MINTON F/K/A LISA PENAFIEL is a party or
under which it has any present or future rights whether choate or inchoate pertaining to
the collection of the $249,600,000.00 Judgment against Jose Alejandro Penafiel..
7. Any and all documents evidencing mortgages on any real property owned by LISA
MINTON F/K/A LISA PENAFIEL or in which LISA MINTON F/K/A LISA
PENAFIEL has or has had an interest since January 1, 2019 pertaining to the collection
of the $249,600,000.00 Judgment against Jose Alejandro Penafiel.
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8. Any and all lawsuits, including pleadings and judgments in which LISA MINTON F/K/A
LISA PENAFIEL is a party or in which LISA MINTON F/K/A LISA PENAFIEL
holds a Judgment against any third-party or entity including the Judgment against JOSE
ALEJANDRO PENAFIEL in the principal amount of $249,600,000.00.
9. All funds, property, privileges, or benefits received by LISA MINTON F/K/A LISA
PENAFIEL or by any other person for her benefit (in whole or in part) since January
1, 2019 received from any person, firm, corporation, or organization pertaining to the
collection of the $249,600,000.00 Judgment against Jose Alejandro Penafiel.
10. All loans or advances made to LISA MINTON F/K/A LISA PENAFIEL or to any
person for her benefit, in whole or in part, since January 1, 2019, and all documents and
and/or agreements relating thereto pertaining to the collection of the $249,600,000.00
Judgment against Jose Alejandro Penafiel.
11. All transfers of any property, funds, money, or benefit made or consented to by LISA
MINTON F/K/A LISA PENAFIEL pertaining to the collection of the $249,600,000.00
Judgment against Jose Alejandro Penafiel.
12. All property held in trust or for the benefit of LISA MINTON F/K/A LISA PENAFIEL
at any time since January 1, 2019 pertaining to the collection of the $249,600,000.00
Judgment against Jose Alejandro Penafiel.
13. All records of all traveler’s checks, cashier’s checks, money orders, drafts, and draws
purchased or cashed by LISA MINTON F/K/A LISA PENAFIEL within the last three
(3) years pertaining to the collection of the $249,600,000.00 Judgment against Jose
Alejandro Penafiel.
14. Copies of any trust documents to which LISA MINTON F/K/A LISA PENAFIEL is a
trustee or beneficiary., or from which she derives any benefit, directly or indirectly
pertaining to the collection of the $249,600,000.00 Judgment against Jose Alejandro
Penafiel.
15. Copies of any depositions taken of JOSE ALEJANDRO PENAFIEL or LISA
MINTON F/K/A LISA PENAFIEL’s children and any third parties in an effort to collect
the Judgment held by LISA MINTON F/K/A LISA PENAFIEL against JOSE
ALEJANDRO PENAFIEL, including any depositions taken by, on behalf of, or at the
instance of, Jeffrey Rosenblum, any attorney at Hogan Lovells, or any other attorney
representing her with regard to collection of any funds, benefits, or property of any
description.
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CAUSE NO. 2021 MICHAEL D. SYDOW, IN THE DISTRICT COURT OF Plaintiff/Applicant, HARRIS COUNTY, TEXAS LISA MINTON F/K/A LISA PENAFIEL, Defendant/Respondent. 295th JUDICIAL DISTRICT ORDER APPOINTING RECEIVER AND FOR TURNOVER On February 21, 2022, came on to be heard the Application for Turnover After Judgment and Appointment of a Receiver filed by MICHAEL D. SYDOW (“Applicant”) against Judgment Debtor, LISA MINTON F/K/A LISA PENAFIEL ( MINTON . Alan Daughtry appeared for Applicant, Michael D. Sydow and Lisa Minton appeared and acknowledged that she had received notice of this proceeding. The Court, having reviewed the pleadings on file and all testimony and evidence, is of the opinion that Applicant is entitled to collect upon a final, valid and subsisting Judgment against MINTON and that the relief should be granted and makes the following orders to assist Applicant in obtaining satisfaction of the Judgment rendered by this Court on October 4, 2021 Factual findings The Court finds that: Applicant prior to filing the Application for Turnover and Appointment of a Receiver, had issued and attempted service of a writ of execution on MINTON; however, at her regular place of abode serving Constable’s received no answer. The Court finds that Applicant made a good faith effort to collect the Judgment but was unsuccessful. The Court finds that Applicant has good faith reasons to believe that MINTON owns nonexempt rights to present or future property that cannot be readily attached or levied upon by ordinary legal process, like bank accounts, 1099 payments, tax refunds, that are easily moved and constantly changing in balance and interests in lawsuits or choses of action and a Judgment in the principal sum of $249,600,000.00 and possibly claims, suits and/or causes of action pending in South America, United States, Canada, Mexico, Australia, Asia, Russia, the Caribbean, the Pacific and/or Europe on that Judgment that MINTON holds against JOSE ALEJANDRO PENAFIEL. In addition, Lisa Minton conceded that she had no nonexempt rights to present or future property that cannot be readily attached or levied upon by ordinary legal process, with the Judgment referred to above against JOSE ALEJANDRO PENAFIEL being her main non-exempt asset. The Court further finds that MINTON only owns 2/3 or 66.667% of the $249,600,000.00 Judgment against JOSE ALEJANDRO PENAFIEL, the other 1/3 or 33.333% being owned by Applicant, MICHAEL D. SYDOW. The appointment of a Receiver to locate, marshal, and administer assets is justified because the Court believes that assets exist which are not exempt from attachment, execution or seizure for the satisfaction of liabilities, specifically, the $249,600,000.00 Judgment against Jose Alejandro Penafiel. It is therefore, ORDERED, ADJUDGED and DECREED by this Court that David Fettner (“Receiver”) whose address is: 6700 Sands Point Dr., Houston, Texas 77074, telephone is (713) 626-7277, be and he is hereby, appointed Receiver to serve after posting the Bond, which may be a surety bond, and taking the oath of office in this case pursuant to the Texas Turnover Statute over only the $249,600,000.00 Judgment against JOSE ALEJANDRO PENAFIEL that 2 is partially owned or controlled by LISA MINTON F/K/A LISA PENAFIEL and that is to be delivered to Receiver pursuant to this Order. It is further ORDERED, ADJUDGED and DECREED: 1. That MINTON make full and complete disclosure to the Receiver of the $249,600,000.00 Judgment against Jose Alejandro Penafiel and any documents associated with such Judgment and any ongoing collection efforts of same by Hogan Lovells, Jeffrey Rosenblum, Charles Gregory, L. “Butch” Brady or any attorney hired by MINTON to collect this Judgment and to neither directly or indirectly interfere or imped the Receiver in his performance of his duties under this Order. 2. That MINTON is ORDERED to turnover and deliver custody to Receiver within ten (10) days from MINTON’s receipt of a copy of this Order, the documents described on Exhibit “A” attached hereto, together with all other documents and records requested by the Receiver, and to pay the proceeds from the collection of the $249,600,000.00 Judgment should she receive same to the Receiver to the extent required to satisfy the amount owed under the judgment and this receivership. 3. That to the extent owed pursuant to the Final Judgment and the subject of this turnover and receivership, MINTON turnover to Receiver at Receiver’s address stated above, within ten (10) days of MINTON’s receipt of a copy of this Order, all checks, cash, securities (stocks and bonds), promissory notes, documents of title, contracts associated with the $249,600,000.00 Judgment and is hereby ORDERED to continue to turnover to the Receiver at the Receiver’s address all of said checks, cash, securities (stocks and bonds), promissory notes, documents of title and contract associated with the $249,6000.00 Judgment within three (3) days from MINTON’s receipt and possession of such property, if, as and when MINTON becomes in receipt and possession of such property. 4. Receiver shall have all power and authority to take possession of only the non- exempt property of MINTON as follows: a. All cash and accounts receivable, including lease payments, notes receivable, promissory notes, drafts and checks, monies on deposit in financial institutions, financial accounts (bank accounts), monies received by MINTON in collection of the $249,600,000.00 Judgment against Jose Alejandro Penafiel in the form of checks, cash or credit card payments or receipts; b. Stocks, bonds, securities, brokerage accounts, certificates of deposit, money market accounts, and accounts held by third parties which form any part of the collection of the $249,600,000.00 Judgment against Jose Alejandro Penafiel; c. All real property and deeds to real property which form any part of the collection of the $249,600,000.00 Judgment against Jose Alejandro Penafiel; 3 d. Titles to automobiles or other vehicles including boats, trailers, planes recreational vehicles, etc. which form any part of the collection of the $249,600,000.00 Judgment against Jose Alejandro Penafiel; e. Any and all claims, demands, administrative proceedings, causes of action or choses in action and contract rights, whether present or future, accrued or not, filed or not, commenced or not which form any part of the collection of the $249,600,000.00 Judgment against Jose Alejandro Penafiel; and f. All documents, books, depositions of third parties orof Jose Alejandro Penafiel and records related to said $249,600,000.00 Judgment against Jose Alejandro Penafiel (including financial records of Jose Alejandro Penafiel) that is in the actual or constructive possession or control of MINTON or her attorneys. 5. Receiver is authorized by the Court to obtain credit reports, bank searches, and other reports to aid in the locating of non-exempt property of Jose Alejandro Penafiel as necessary to collect the $249,600,000.00 Judgment. 6. Receiver is hereby authorized to secure control over the collection of the $249,600,000.00 Judgment, engage in pre-sale activities in order to secure the highest and best sales price for such $249,600,000.00 Judgment, if to be sold versus collected, including but not limited to appraisals, evaluations, listing agreements, advertising agreements, etc. Receiver must make application to this Court for any sale of the $249,600,000.00 Judgment said application to be filed and approved by this Court with notice and opportunity for hearing granted to Applicant and MINTON. 7. All sales of property must be individually approved by this Court with notice and opportunity for hearing granted to Applicant and MINTON. All sales must be for reasonable value and must be applied to satisfaction of the Judgment absent further order of this Court after notice and opportunity to be heard. 8. Receiver shall have the right, power and authority to hire any persons or company necessary to accomplish any right or power granted by the Court. 9. Receiver shall have the power to subpoena from MINTON, third parties, and witnesses, production of documents, things and information including but not limited to matters concerning the existence, location and/or value of MINTON’s assets, specifically the $249,600,000.00 Judgment and location. 10. That any Constable, deputy Constable, Sheriff, Deputy Sheriff or any other peace officer is hereby authorized to accompany Receiver pursuant to a writ to locations designated by Receiver where Receiver believes assets may be located which can be applied towards the satisfaction of the $249,600,000.00 Judgment, said peace officers being hereby ORDERED to prevent any person(s) from interfering with the Receiver from carrying out any duty under this Order or interfering with any property in control of the Receiver, or any property subject to this Order. 11. That any person or agent of any person, with actual knowledge of this Order is not to interfere with any property in control of the Receiver or subject to this Order and is further ORDERED not to interfere with the Receiver in carrying out of any duty under this Order. Third parties are hereby notified that Receiver, to the exclusion of 4 MINTON is the party entitled to possess, sell, liquidate or otherwise deal with MINTON’s 66.667% of the $249,600,000.00 Judgment against Jose Alejandro Penafiel and once any third party receives notice of this Order, they may be subject to liability should they release any property to MINTON unless directed by the Receiver or this Court. That it is hereby ORDERED that Receiver pay himself as Receiver’s fees an amount equal to $500/hour out of any proceeds coming into his possession, and which the Court finds to be a fair, reasonable and necessary hourly fee for the Receiver, and any out-of- pocket costs incurred by Receiver save and except any attorney’s fees incurred by the Receiver which must be approved by the Court prior to payment to his counsel. IT is further ORDERED and directed that Receiver shall pay the remainder of the proceeds coming into Receiver’s possession from the collection and/or sale of the $249,600,000.00 Judgment as follows: 1. One-third of the proceeds collected to Applicant, MICHAEL D. SYDOW in satisfaction of his 33.333% ownership in the $249,600,000.00 Judgment against Jose Alejandro Penafiel; 2. Out of the remaining 66.667% of the proceeds collected, payment of Receiver’s fees and expenses upon the filing of an application and approval of same by this Court with notice and the opportunity for hearing granted to Applicant and MINTON. All Receiver’s fees and costs shall be taxed as costs against MINTON’s 66.667% of the $249,600,000.00 Judgment. 3. Upon payment to the Receiver of his fees and expenses, on an equal basis to Applicant or Applicant’s attorney as Trustee for Applicant and MINTON until the Judgment amounts due Applicant from MINTON including the attorney’s fees ordered herein have been fully paid out of MINTON’s 66.667% of the $249,600,000.00 Judgment. 4. Thereafter, the remainder of the 66.667% portion of the $249,600,000.00 Judgment then shall be paid to MINTON. Receiver shall file a Final Accounting with the Court within thirty (30) days of the filing of a Release of Judgment, or sale and/or assignment of the $249,600,000.00 Judgment. All authority of Receiver shall terminate thirty (30) days after the filing of said Final Accounting and Receiver’s bond will be released only upon approval by the Court of the Final Accounting. 5 Attorneys’ fees. The Court takes judicial notice of the time that is reasonable and necessary for the preparation and prosecution of this motion, and LISA MINTON F/K/A LISA PENAFIEL is ordered to pay Plaintiff’s counsel, Robin M. Ziek, 24 Greenway Plaza, Suite 2050 Houston, Texas 77046 the sum of $2,500.00 in attorney’s fees. Receiver is not required to defend or prosecute any litigation regarding LISA MINTON F/K/A LISA PENAFIEL unless the Receiver in his sole discretion deems it meritorious. Receiver may propound discovery, pursuant to the Rules of Civil Procedure. He is authorized to shorten the time periods. He is not required to employ the discovery rules and may obtain discovery by simply requesting the information or documents from defendants. All parties are ordered to serve Receiver with copies of all motions, notices, discovery responses, correspondence, and communications among them. Notice: An order has been entered against you. You have the right to hire an attorney to assist you in compliance with this Turnover Order. If you believe that the Receiver=s demands are inappropriate, you must either comply, or seek protection from the Court. Persons seeking protection must set the matter for the earliest possible hearing date, after giving full notice to the Receiver and attempting to resolve the issues. Receiver shall post a bond of $100.00. SIGNED this _______ day of _______________, 2022. __________________________________ HONORABLE DONNA ROTH 6 APPROVED AS TO FORM: ROBIN M. ZIEK, ATTORNEY AT LAW By: /s/ Robin M. Ziek ROBIN M. ZIEK SBOT: 22262575 The Weslayan Tower 24 Greenway Plaza, Suite 2050 Houston, Texas 77046 (713) 222-8030 - telephone (832) 565-9011 – facsimile rziek@sbcglobal.net ATTORNEY FOR PLAINTIFF, MICHAEL D. SYDOW CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing pleading was sent by certified mail - return receipt requested to the following on this the 9th day of March 2022: Via Email Ms. Lisa Minton 12800 Briar Forest Dr., #134 Houston, Texas 77077 Mr. Bruce Oakley Hogan Lovells 609 Main, Suite 4200 Houston, Texas 77002 bruce.oakley@hoganlovells.com /s/Robin M. Ziek Robin M. Ziek 7 EXHIBIT "A" DOCUMENTS TO BE PRODUCED 1. Copies of any and all documents evidencing any claims or choices of action that LISA MINTON F/K/A LISA PENAFIEL has or is a party to including without limitation, to any litigation pending in Europe (including Russia), South America (including Central America), Asia, the Caribbean, the Pacific, Mexico, Canada, Australia, Britain or any of its possessions, protectorates, or commonwealths, or the United States against JOSE ALEJANDRO PENAFIEL. 2. LISA MINTON F/K/A LISA PENAFIEL’s last twelve (12) months of bank statements together with all canceled checks, wire transfer slips and deposit slips from any and all banks, brokerage house and savings and loan associations, credit unions or financial institutions in which LISA MINTON F/K/A LISA PENAFIEL has a right to withdraw or deposit funds pertaining to the collection of the $249,600,000.00 Judgment against Jose Alejandro Penafiel. 3. Stock certificates, bonds or other securities owned by LISA MINTON F/K/A LISA PENAFIEL in privately held or publicly traded companies or institutions pertaining to the collection of the $249,600,000.00 Judgment against Jose Alejandro Penafiel.. 4. All deeds or deeds of trust for real estate in which LISA MINTON F/K/A LISA PENAFIEL owns or has owned an interest in since January 1, 2019, together with any mortgage documents due on such real estate pertaining to the collection of the $249,600,000.00 Judgment against Jose Alejandro Penafiel.. 5. All documents evidencing any transfers of LISA MINTON F/K/A LISA PENAFIEL’s property, whether personal or real property, since January 1, 2019 pertaining to the collection of the $249,600,000.00 Judgment against Jose Alejandro Penafiel.. 6. Any and all contracts to which LISA MINTON F/K/A LISA PENAFIEL is a party or under which it has any present or future rights whether choate or inchoate pertaining to the collection of the $249,600,000.00 Judgment against Jose Alejandro Penafiel.. 7. Any and all documents evidencing mortgages on any real property owned by LISA MINTON F/K/A LISA PENAFIEL or in which LISA MINTON F/K/A LISA PENAFIEL has or has had an interest since January 1, 2019 pertaining to the collection of the $249,600,000.00 Judgment against Jose Alejandro Penafiel. 8 8. Any and all lawsuits, including pleadings and judgments in which LISA MINTON F/K/A LISA PENAFIEL is a party or in which LISA MINTON F/K/A LISA PENAFIEL holds a Judgment against any third-party or entity including the Judgment against JOSE ALEJANDRO PENAFIEL in the principal amount of $249,600,000.00. 9. All funds, property, privileges, or benefits received by LISA MINTON F/K/A LISA PENAFIEL or by any other person for her benefit (in whole or in part) since January 1, 2019 received from any person, firm, corporation, or organization pertaining to the collection of the $249,600,000.00 Judgment against Jose Alejandro Penafiel. 10. All loans or advances made to LISA MINTON F/K/A LISA PENAFIEL or to any person for her benefit, in whole or in part, since January 1, 2019, and all documents and and/or agreements relating thereto pertaining to the collection of the $249,600,000.00 Judgment against Jose Alejandro Penafiel. 11. All transfers of any property, funds, money, or benefit made or consented to by LISA MINTON F/K/A LISA PENAFIEL pertaining to the collection of the $249,600,000.00 Judgment against Jose Alejandro Penafiel. 12. All property held in trust or for the benefit of LISA MINTON F/K/A LISA PENAFIEL at any time since January 1, 2019 pertaining to the collection of the $249,600,000.00 Judgment against Jose Alejandro Penafiel. 13. All records of all traveler’s checks, cashier’s checks, money orders, drafts, and draws purchased or cashed by LISA MINTON F/K/A LISA PENAFIEL within the last three (3) years pertaining to the collection of the $249,600,000.00 Judgment against Jose Alejandro Penafiel. 14. Copies of any trust documents to which LISA MINTON F/K/A LISA PENAFIEL is a trustee or beneficiary., or from which she derives any benefit, directly or indirectly pertaining to the collection of the $249,600,000.00 Judgment against Jose Alejandro Penafiel. 15. Copies of any depositions taken of JOSE ALEJANDRO PENAFIEL or LISA MINTON F/K/A LISA PENAFIEL’s children and any third parties in an effort to collect the Judgment held by LISA MINTON F/K/A LISA PENAFIEL against JOSE ALEJANDRO PENAFIEL, including any depositions taken by, on behalf of, or at the instance of, Jeffrey Rosenblum, any attorney at Hogan Lovells, or any other attorney representing her with regard to collection of any funds, benefits, or property of any description. 9