transcript judge barton 3.00 pm jan 26 2010

8/13/2019 Transcript Judge Barton 3.00 PM Jan 26 2010

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IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT

IN THE STATE OF FLORIDA, IN AND FOR HILLSBOROUGH COUNTY

CIVIL DIVISION

NEIL GILLESPIE

Plaintiff,

Case No. 05-CA-7205

vs.

Division: "C"

BARKER, RODEMS & COOK, P.A.

a Florida Corporation; WILLIAM

J. COOK,

Defendants.

-----------------------------------/

TRANSCRIPT OF PROCEEDINGS

BEFORE: HONORABLE JAMES M. BARTON, II

CIRCUIT JUDGE

TAKEN AT: George Edgecomb Courthouse

800 E. Twiggs Street

Tampa, Florida

DATE & TIME: January 26, 2010

3:00 p.m.

REPORTED BY: Thomasina L. Berryhill, RPR

Court Reporter

Notary Public

813-229-8225

Berryhill & Associates, Inc.

501 East Kennedy Boulevard, Suite 775

Tampa, Florida 33602


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1 APPEARANCES:

2 For the Plaintiff:

3 NEIL GILLESPIE, pro se

8092 S.W. 115th Loop

4 Ocala, Florida 34481

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7 For the Defendants:

8 RYAN CHRISTOPHER RODEMS, ESQUIRE

Barker, Rodems & Cook, P.A.

9 400 North Ashley Drive

Suite 2100

10 Tampa, Florida 33602

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1 I N D E X

2 Page

3 Title Page............................................1

4 Appearances...........................................2

5 Index.................................................3

6 Court Reporter Certificate...........................33

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1 P-R-O-C-E-E-D-I-N-G-S

2 THE COURT: Good afternoon, everybody.

3 MR. GILLESPIE: Good afternoon.

4 MR. RODEMS: Good afternoon.

5 THE COURT: I know we are in the courtroom and

6 we are in the courtroom mainly because we have a

7 lot to deal with today and I figured everybody

8 needed to spread out and get all their paperwork

9 organized. So, that is why we are here today.

10 We do have several motions along with some

11 effort that I think needs to be extended to help

12 you all get through this case just to either figure

13 out a way for you all to communicate effectively or

14 in 20 years there was one occasion where I just

15 took what I have heard referred to as the federal

16 approach where people would just send in their

17 motions and say, Judge, I think I need 15 minutes

18 or a half hour or an hour or whatever for this

19 motion and then we just set it. I mean so that you

20 all would not have to talk to each other except by

21 written motions and pleadings, that eliminates the

22 problem but as you can imagine, that is only a last

23 resort.

24 MR. GILLESPIE: Judge, if I may, I have a

25 letter here for you that addresses exactly what you


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1 are talking about and I would like permission to

2 approach the bench and hand it to you.

3 THE COURT: The bailiff will get it from you

4 and he will hand it up here to me.

5 MR. GILLESPIE: Thank you, Judge. Also,

6 before you entered, I left in front of your desk

7 there a copy of the transcript from our previous

8 proceeding --

9 THE COURT: Uh-huh.

10 MR. GILLESPIE: -- and plaintiff's motion for

11 relief from an order adjudging contempt. That has

12 to do with Bauer's inadvertent statement --

13 misrepresentations to the Court.

14 THE COURT: All right. We will deal with

15 that.

16 MR. GILLESPIE: My letter today has to do with

17 a couple of issues and I apologize for the late

18 timing. I became aware of Rule 2.540, Florida

19 Rules of Judicial Administration, Notices to

20 Persons with Disabilities. Apparently, Judge, that

21 notice is required on all process compelling

22 appearance at proceedings. And I tried to get an

23 interpretation of this from the Court Administrator

24 yesterday and left a message for his assistant but

25 no one has called back. I would just note that


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1 none of Mr. Rodems or for that matter my notices

2 have had this Rule 2.540 notice as well as the

3 Court's Order. My other reason for calling the

4 Court Administrator was to find out where to submit

5 my ADA assessment and report. I retained Karin

6 Huffer as my AMA Accommodations Designer and

7 Advocate. And some of the accommodations requested

8 are going to be a limit on the number of motions

9 considered in a single hearing. I just point it

10 out that this Court's December 30th Order setting

11 all motions as a problem because first a

12 determination should be made of the pending motions

13 and then a reasonable schedule set to hear them.

14 And I go on to explain why I feel the Court's

15 Order doesn't comply with Rule 2.540 because the

16 Courthouse is a public facility. Then as I pointed

17 out in all fairness, all the parties have been

18 neglecting this and I'm not even sure if it is

19 actually required but I wanted to bring it to your

20 attention. That is for the ADA.

21 I think the next part of my letter goes to

22 exactly what you were talking about because when I

23 was reading about the ADA Rule, right beneath it is

24 Case Management Rule 2.545 that says that judges

25 have a duty to -- let me get that Rule so I can


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1 read it.

2 THE COURT: Can we go back to the first issue

3 for a moment.

4 MR. GILLESPIE: Yes, Judge.

5 THE COURT: Normally when we are presented

6 with a request to accommodate a -- whether it is a

7 litigant or a witness or an attorney or whoever it

8 is that is visiting our courthouse that has a

9 disability, the first question is what is the

10 disability and then, second, after we figure out

11 what that is, which is usually fairly simple, then

12 we get to what accommodations should be made.

13 MR. GILLESPIE: Yes, Your Honor.

14 THE COURT: And if the disability is hearing,

15 then we have different ways of handling that,

16 whether it is getting a signer or sometimes

17 somebody is just hard of hearing so we get

18 amplification systems installed or headphones,

19 something like that. And other disabilities that

20 are well defined and delineated are easy to figure

21 out what to do. I'm not sure what you are saying

22 that your disability is.

23 MR. GILLESPIE: That's why I have this 20-page

24 report compiled by my ADA Advocate and --

25 THE COURT: Have you attached that?


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1 MR. GILLESPIE: No, Your Honor, because this

2 is a draft and they weren't able to have it for

3 today but -- because of a computer issue.

4 THE COURT: Well, let me ask this because if

5 you are telling me and I only set this hearing

6 because -- on my own and I think it looks like you

7 had a pretty good idea of what was on the table

8 today because you listed out, in your notice of

9 hearing, five matters which we can discuss but I'm

10 not sure if we should go forward until we determine

11 what accommodations we should make for you. I mean

12 if you are saying your disability, which is yet

13 unclear to me, hasn't been dealt with accordingly

14 -- I believe this is the first time we are hearing

15 about this.

16 MR. GILLESPIE: Actually it is not, Your

17 Honor. This information was presented to you when

18 you were a Judge way back on March 5th, 2007,

19 Plaintiff's Amended Accommodation Request under the

20 ADA. What had happened is shortly after that date,

21 Mr. Bauer took the case over and this motion wasn't

22 heard. Just to address the point, you noted that

23 in my request there were five motions pending. I

24 think five motions would be difficult for a fully

25 experienced attorney to hear in one sitting. It is


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1 impossible for me to hear in one sitting. So,

2 those are some of the issues that are at hand.

3 Now, I would like to go on with the letter because

4 it --

5 THE COURT: Well, let me -- but I want to

6 follow up. If you are saying that you want this

7 issue about your disability addressed, then we will

8 hault everything and then figure out what to do.

9 MR. GILLESPIE: All right, Your Honor. The

10 rest of this letter kind of goes along with that

11 because the problem with my disability is --

12 THE COURT: Can you just generally tell me

13 what the disability is?

14 MR. GILLESPIE: It is post-traumatic stress

15 disorder.

16 THE COURT: Okay.

17 MR. GILLESPIE: In this letter I describe

18 another lawsuit I was involved in, in federal court

19 commenced within a week of this one. We could skip

20 down to the bottom of page 2. That was Gillespie

21 vs. HSBC Bank. That was about a credit card matter

22 in the Ocala division of U.S. District Court.

23 Opposing counsel was Traci Rollins and David

24 D'Agata with Squire, Sanders & Dempsey. The entire

25 case was concluded in 15 months because I was able


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1 to work in a professional manner with those

2 attorneys. The problem in this case is Mr. Rodems

3 has behaved unprofessionally because he has a

4 conflict of interest in representing his own firm.

5 He has taken what might be called a scorched earth

6 take no prisoners policy and that has been

7 disrupting the proceedings. And just to further

8 expand on that, if you go back to page two of my

9 letter to you, paragraph two, there is a rule, case

10 management for judges that requires them to take

11 control of the case. There is a Civil Rule of

12 Procedure, 1.20 for a case management conference.

13 And also this case may even have to be designated

14 complex litigation under Rule 1.201 because it is

15 likely to involve complicated legal or case

16 management issues that may require extensive

17 judicial management to expedite the action, to keep

18 costs reasonable, or promote judicial efficiency.

19 And I think that is what you were talking about.

20 But really the conclusive evidence about official

21 wrong doing in this case is from a law review and

22 --

23 MR. RODEMS: Your Honor --

24 MR. GILLESPIE: -- from Judge Isom that talked

25 exactly about this issue. For whatever reason she


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1 didn't implement what she talked about in her own

2 law review. I would like you to have a copy of

3 this.

4 THE COURT: I'm --

5 MR. GILLESPIE: I think you have a copy of it.

6 THE COURT: Yes, I have it here and since

7 Judge Isom is a colleague in this circuit I have

8 certainly read what she has written back in 1998

9 and she has had additional thoughts in this regard

10 as well. So, if you will go ahead and take a drink

11 of water and if Mr. Rodems wants to say something I

12 will let him say something.

13 MR. RODEMS: Thank you, Judge. In Mr.

14 Gillespie's letter to your judicial assistant on

15 December 29th, 2009 he did state in a final

16 sentence, "In the interest of economy, please

17 schedule my five motions together with anything Mr.

18 Rodems wishes to set. I will need two hours for my

19 five motions." As the Court noted that Mr.

20 Gillespie did file a notice of hearing today

21 listing at least five motions. So --

22 THE COURT: Well, I mean I am going to hear

23 from you but my first question is given the fact

24 that you have retained a healthcare professional,

25 Ms. Karin Huffer, to be your Accommodations


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1 Designer and Advocate, wouldn't it make sense for

2 me to wait and see what she has to say to see what

3 we should do?

4 MR. GILLESPIE: I would go along with that,

5 Judge, but I would like to finish the letter here

6 because it addresses part of the problem in this

7 case.

8 THE COURT: Well, if are you going to read me

9 the letter, I mean I can read the letter.

10 MR. GILLESPIE: All right. If you want to

11 read it yourself, Judge and make a determination on

12 it later, that is fine.

13 THE COURT: Right. Well, because clearly if

14 folks have disabilities we could make

15 accommodations and again, you had filed it before

16 but, again, when you had an attorney and he was

17 representing you and could have pressed that

18 forward and apparently there were other matters to

19 address.

20 MR. GILLESPIE: I'm sorry that he didn't do

21 that. He was instructed to do that but for

22 whatever reason, Mr. Bauer failed to do that and he

23 failed to do a lot of other things.

24 THE COURT: When could you have a final copy

25 of that, whatever you want to present to the Court


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1 and obviously to the opposing side?

2 MR. GILLESPIE: Are you talking about the ADA

3 assessment and report?

4 THE COURT: Ms. Huffer's recommendations and

5 request as to how to accommodate your disability.

6 MR. GILLESPIE: Yes. Like I say, this is a

7 draft. It is not ready yet.

8 THE COURT: When would it be -- does she tell

9 you when the final draft would be --

10 MR. GILLESPIE: We should have it within a

11 week, Your Honor.

12 THE COURT: Okay. So --

13 MR. GILLESPIE: I can give it to you. There

14 is some question about HIPAA Privacy Rights.

15 According to Ms. Huffer and she is probably the one

16 to better address this issue, this -- the fact that

17 I have a disability is really what the Court needs

18 to know and how to accommodate it. The underlying

19 details, she believes, are protected by HIPAA

20 Privacy Rights.

21 THE COURT: And that is fine. For our

22 purposes all we need to know is a few things: One

23 is what is the disability and secondly, by virtue

24 of that disability what are the problems and

25 ramifications for court proceedings and then,


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1 thirdly, what accommodation requests are there.

2 MR. GILLESPIE: Yes, Judge. And I would say

3 that, you know, you were given notice. This Court

4 was given notice back in 2007. Judge Isom was

5 given notice prior to the hearing. She had

6 discussed it at the hearing in, I think, an

7 inappropriate manner in open court. I had

8 requested the information be kept as private as

9 possible, such as an in camera hearing. For

10 whatever reason, she decided not to do that and

11 forced me to testify on the record. And obviously

12 I was inarticulate and not the best person to

13 represent myself on that issue. Prior to that,

14 this matter was also brought up with Judge Nielsen.

15 So, there is a long history of it in the record and

16 for whatever reason it has been largely ignored.

17 THE COURT: Okay. Well, we will deal with it,

18 but just remember what you write because we all

19 thought in the court system as far as today was

20 concerned, when you write a letter saying, yes, go

21 ahead and set my five motions and any other motions

22 the other side has, and all we were seeing is

23 somebody set a date that wasn't agreed upon and

24 that is why we set today's date and set your five

25 motions and I think there might be one motion from


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1 the defendant that is out there. But --

2 MR. GILLESPIE: And I apologize for that Your

3 Honor. If you do note, I requested two hours.

4 That time was cut in half --

5 THE COURT: Right.

6 MR. GILLESPIE: -- not even counting Mr.

7 Rodems.

8 THE COURT: Don't feel bad because for any

9 number of reasons, the main reason being the

10 avalanche of foreclosure cases that we have,

11 hearing time in this division, not just my division

12 but all civil divisions, is precious and my office

13 policy is anytime anybody in any of my cases asks

14 for more than one half hour, they are directed by

15 my judicial assistant to send over whatever motion

16 or motions they have and whatever time request for

17 hearing they have and then through my judicial

18 assistant I let them know how much time I'm going

19 to afford them. And your request for time, frankly

20 you got more time than 98 percent of the lawyers

21 are requesting. I mean most of them ask for an

22 hour or more, I give them a half hour and in some

23 cases when I read what they ask for, I've cut them

24 down to 15 minutes. So, frankly in some cases when

25 it is obvious that maybe somebody has requested an


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1 hour and I've given them a half hour and it has

2 gone over, then we go over, if time is permitting.

3 But in any event I guess that will be for next

4 time. If you can -- again, I don't need to see the

5 HIPAA protected stuff. I mean I have told you the

6 issues that I want to see addressed which I don't

7 think would be a violation of HIPAA. So just put

8 in there what the disability is, what problems it

9 causes for court proceedings and then what the

10 accommodation request is --

11 MR. GILLESPIE: Yes Judge.

12 THE COURT: -- and I will deal with that and I

13 want to see that. Can you get that to me within,

14 you tell me, a week, ten days?

15 MR. GILLESPIE: This is how I'm going to

16 proceed on that, Judge. As you see, I hired a

17 court reporter today. I'm going to request that

18 this be expedited. What you requested on the

19 record will be given to Ms. Huffer and then she can

20 respond on that basis. I think that would take me

21 out of the equation as far as any misinterpretation

22 of what you asked.

23 THE COURT: All right. Then we will figure

24 out what accommodations will be made. Mr. Rodems,

25 is there anything else you want to cover today?


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1 MR. RODEMS: No, Your Honor. If there's

2 anything that me or my clients can do to assist the

3 Court or Mr. Gillespie in relation to all this I

4 would be happy to do that. If you would like me to

5 address motion request in the manner you suggested

6 earlier we will be happy to do that, whatever the

7 Court asks.

8 THE COURT: Well, and I will try to help you

9 work through because that, I think, is something we

10 can at least talk about today. Again, with the

11 last resort being what I outlined at the beginning

12 of this hearing, if you all just can't communicate

13 effectively without there being problems, then,

14 again, you can just submit whatever motions you

15 have and whatever hearing time request and we will

16 take the bull by the horns and send out the notice

17 of hearing or there will be an order scheduling a

18 hearing. But other folks that have had this kind

19 of problem have discussed, okay, we agree we should

20 be on the phone with each other, so we will address

21 each other trying to get up a -- you know,

22 coordinate hearing times and things like that

23 through emails or faxes or something like that.

24 But if you all don't think that that would work

25 then, again, we've always got what I call the last


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1 resort. So --

2 MR. RODEMS: I'm amenable to communications

3 with Mr. Gillespie by email or by fax. If he is

4 willing to provide me with an email address or a

5 fax number I would be more than happy to

6 communicate with Mr. Gillespie from here on out in

7 that fashion.

8 MR. GILLESPIE: Your Honor, I object to that.

9 I'm unable to provide him an email address.

10 THE COURT: Okay. So, do you have -- unless

11 you have an alternative --

12 MR. GILLESPIE: I do. I would like to proceed

13 what you referred to as the federal procedure.

14 THE COURT: Okay. We will do that.

15 MR. GILLESPIE: That is what I would prefer.

16 THE COURT: Now, what that means since I'm

17 aware that both of you have other things going on

18 in your lives, that if somebody sends in a motion

19 and requests, doesn't matter what amount of time,

20 15 minutes or 15 days, I doubt if you will request

21 15 days but you get the idea, that I'm probably

22 going to be setting it in like the next week. I

23 mean it probably would be a couple of weeks out,

24 something like that which has kind of been normal

25 anyway, hasn't it?


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1 MR. RODEMS: In my experience, yes, sir.

2 THE COURT: So, I just -- you know I don't --

3 by doing this approach the disadvantage, obviously,

4 is that your alls calendars won't be taken into

5 account or consulted. It is not going to be like,

6 here are three possible dates for your hearing.

7 Like what I'm going to do is I get a motion from

8 you and, Judge, I request a half hour for this

9 hearing, I'll just check my calendar, set the

10 hearing for your half hour or 15 minutes or maybe

11 it will -- you know somebody will request a half

12 hour and say, well, you know, this could take more

13 than that. So, I'm going to leave all my options

14 open. So, I just want you to understand what could

15 happen.

16 MR. RODEMS: Your Honor, may I, if I need to

17 request hearing time then suggest to you what is

18 currently on my calendar so that to the extent

19 possible --

20 THE COURT: And that is not a bad idea when

21 you send in a motion and the amount of time you

22 think you need and I will try to accommodate you

23 but I'm not saying that I can. It is obvious the

24 requesting party could say, and, Judge, I would

25 like this the week of March 1st, assuming that is a


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1 Monday. Well, I wouldn't have any input from the

2 other side. So, and that is a problem with, you

3 know, the other side request a hearing and I set

4 it. I'm just going to count on you all to make an

5 adjustment. And, you know, I'm sure your calendar

6 varies from day to day.

7 Mr. Gillespie, what about your calendar? Are

8 there any days of the week that you are just not

9 available at all or any mornings or afternoons?

10 MR. GILLESPIE: Judge, the only request I

11 would make because I'm traveling from a hundred

12 miles away is that the hearings be scheduled later

13 in the day.

14 THE COURT: Afternoons, you mean?

15 MR. GILLESPIE: Yes, Judge.

16 THE COURT: Okay. We can do that. And,

17 again, the odds are I will give you, let's say,

18 rule of thumb, a couple of weeks or more lead time,

19 you know that I get something and I wouldn't set

20 it, the next week, it would be two weeks or further

21 out, something like that.

22 MR. RODEMS: And I have a federal court

23 practice as well, Your Honor and I'm accustomed to

24 when the judges call you over there you make

25 whatever arrangements you need to, to be there.


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1 So, that is fine. I will certainly be able to do

2 that in this case.

3 THE COURT: And the other thing each of you

4 needs to take advantage of, if you so choose, is

5 there is another Rule of Judicial Administration

6 that allows appearance by telephone if folks so

7 request it. The only exception to that is if there

8 is going to be any testimony, you couldn't testify

9 in a hearing over the telephone unless the other

10 side agrees. So, if we have a fairly short hearing

11 and somebody wants to appear by telephone in

12 anything, like even today, that would have been

13 allowable.

14 MR. GILLESPIE: Judge --

15 THE COURT: As long as you let us know.

16 MR. GILLESPIE: Can I address that issue,

17 Judge?

18 THE COURT: Sure.

19 MR. GILLESPIE: In the past I have appeared by

20 telephone and for whatever reason, Mr. Rodems was

21 upset with that. In fact, he told me in no

22 uncertain terms he was not going to let me appear

23 by telephone. He was going to force me to drive to

24 Tampa. So, that just gives you an idea of the

25 contentious nature of this matter.


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1 THE COURT: Well, I mean, I have only to

2 remember some of our prior hearings and look

3 through this file to -- I mean it has become

4 contentious. But all I'm saying is that what I

5 just outlined is my policy which is supported by

6 the Rules of Judicial Administration. So, the only

7 thing that I require is if somebody is going to

8 appear at a hearing by telephone, that prior notice

9 be given so that we don't expect somebody to ring

10 our bell out there that we know, Oh, yeah, they are

11 going to be calling in and you will have a

12 telephone line to call in on. Okay.

13 MR. GILLESPIE: Thank you, Judge.

14 THE COURT: Sure.

15 MR. GILLESPIE: And just -- there is two

16 issues in my letter that I would like to ask you

17 about, about hearings or motions. One of them,

18 I've asked to overturn this Court's Order

19 determining the amount of sanctions and final

20 judgment of March 7. Can you respond to that after

21 you've had a chance to consider that, Judge --

22 THE COURT: Sure.

23 MR. GILLESPIE: -- or would you prefer me to

24 file a motion?

25 THE COURT: No, I mean, you certainly made


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1 your request. I will take a look at it.

2 MR. GILLESPIE: The other thing has to do with

3 the 57.105 motions. Currently there is two 57.105

4 motions filed against Mr. -- from when Mr. Bauer

5 was representing me. I guess the Court never made

6 a determination about what would happen with those

7 after he left the case. And, you know, I talked

8 about that in my letter here. When Mr. Rodems

9 testified at the hearing on March 20th, he said he

10 may have filed one or two in his entire 16-year

11 career. In this case he has filed four and he has

12 threatened one or two others. So, it just gives

13 you an idea that in the 16-year career, where there

14 was one or two filed, in this case there has been

15 many times that amount. So, it goes to the issue

16 of whether he is even appropriate to represent his

17 firm at this point.

18 And I'm just going to conclude because you

19 weren't at the hearing when Mr. Bauer made this

20 statement, but I brought the transcript with me.

21 This was before Judge Crenshaw on August 14th,

22 2008. Mr. Bauer said in open Court: "Mr. Rodems

23 has, you know, decided to take a full nuclear blast

24 approach instead of us trying to work this out in a

25 professional manner. It is my mistake for sitting


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1 back and giving him the opportunity to take this

2 full blast attack." And I will provide the Court

3 and Mr. Rodems copies of that transcript.

4 THE COURT: All right. Well, as I have

5 indicated which should give you some idea that I'm

6 taking a more proactive approach in this case from

7 this point on and we need to get this case

8 processed and proceeding forward and ultimately set

9 for some kind of a final hearing for everybody

10 involved.

11 MR. RODEMS: Judge, one point, I'm not sure

12 which motions for 57.105 that Mr. Gillespie may be

13 referring to but I'm willing to, today, provide Mr.

14 Gillespie with an additional 21 days as 57.105

15 requires to take a look at those motions. And if

16 he believes that they are well taken and he wishes

17 to change any of the matters that are raised in

18 those to avoid the possibility of sanctions, then

19 I'm perfectly fine. And if Mr. Gillespie does take

20 that action within 21 days, any pending motions for

21 57.105 that haven't already been resolved by this

22 Court and affirmed on appeal, I would be more than

23 happy to not proceed with. My goal in filing a

24 motion for sanctions under 57.105 is the exact

25 purpose which the Statute says which is if there is


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1 something that is not in compliance with 57.105

2 then it should be removed. And there is a 21-day

3 period to do so. So, I'm not sure specifically --

4 perhaps if Mr. Gillespie has the dates of the

5 service of those motions I could look back in my

6 file and see what he is talking about.

7 THE COURT: Well, I would assume either in

8 some index in your file or even I guess a word

9 processor or word search you could probably pull

10 those.

11 MR. GILLESPIE: Your --

12 MR. RODEMS: I could, Your Honor. Let me --

13 MR. GILLESPIE: Your Honor I --

14 MR. RODEMS: If I may finish, Mr. Gillespie.

15 The only problem is, is that along the way there

16 were certain motions that were filed that I worked

17 out with Mr. Bauer, Mr. Gillespie's counsel at one

18 time. So, I'm not even sure as we sit here today

19 if there are any pending unresolved 57.105 motions.

20 He believes there are. And if there are, as I

21 said, I'm more than willing to extend another 21

22 day --

23 THE COURT: I'm going to, because you're the

24 movant --

25 MR. RODEMS: Yes, sir.


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1 THE COURT: -- on these, I am going to require

2 that you undertake that task.

3 MR. RODEMS: I will look through my file today

4 and I will see if there are any pending 57.105

5 motions that have not been resolved. If there are,

6 I will advise Mr. Gillespie by letter and if there

7 are not, I will advise Mr. Gillespie by letter.

8 THE COURT: And do you understand what he is

9 purporting to do?

10 MR. GILLESPIE: Yes, Judge,but his point is

11 moot because I have the dates of those 57.105

12 motions and what they are for right in this letter.

13 The third 57.105 motion he filed was on July 31st,

14 2008 because I did not withdraw my complaint in

15 this matter. The fourth 57.105 motion in this

16 case, also on July 31st, 2008 because I did not

17 withdraw my motion for rehearing. That motion for

18 rehearing was set for today, Your Honor.

19 Now, I appreciate and I thank Mr. Rodems for

20 his willingness to work on this matter. But I know

21 for a fact that neither one of these 57.105 motions

22 have been resolved. In fact one of them is set for

23 a hearing today.

24 THE COURT: Okay.

25 MR. GILLESPIE: But what I will do if --


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1 THE COURT: Okay. Were those the only two

2 that you know of?


4 THE COURT: Can you try to verify that, Mr.

5 Rodems?

6 MR. RODEMS: Yes, sir, I will look at them and

7 I will see if they are still pending. I didn't

8 have either one of those set for hearing today,

9 Your Honor, I don't believe. I did have two

10 motions to compel.

11 THE COURT: Right.

12 MR. GILLESPIE: Let me get my --

13 THE COURT: In any event.

14 MR. GILLESPIE: -- notice of hearing from Mr.

15 Rodems. Do you have a copy of that, sir, my notice

16 of hearing for today? You said that you had it.

17 MR. RODEMS: Yours, Mr. Gillespie?

18 MR. GILLESPIE: Yes, Mr. Rodems. It is item

19 number 5, plaintiff's motion -- I'm sorry. It is

20 item number 3, plaintiff's motion for rehearing

21 from July 16th, 2008.

22 THE COURT: All right. Anyway, if you can

23 verify those are the only two and then send out the

24 21 day letter and it might not be complied with or

25 accepted but that is fine. I mean there is no harm


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1 in having another period of time to --

2 MR. GILLESPIE: Well, Judge.

3 THE COURT: -- respond.

4 MR. RODEMS: Yes, sir.

5 MR. GILLESPIE: I don't know the law on this,

6 the fine points of law but I think that because

7 this has to do with a rehearing issue and it has to

8 do with the complaint itself, why don't you just

9 allow me to file an amended complaint and then

10 those two 57.105's become moot because I will

11 clarify in the complaint that there was no signed

12 contingent fee agreement with Mr. Rodems. That

13 will eliminate one 57.105 and I will also amend the

14 complaint so that he wouldn't have to file a 57.105

15 on the old complaint.

16 THE COURT: That is a request that since it is

17 not in writing, I don't think.

18 MR. GILLESPIE: It is in writing in this

19 letter to you, Your Honor.

20 THE COURT: Okay and that we are just hearing

21 for the first time today. Again, all I'm going to

22 do today is look at your accommodation request.

23 And the only other thing I am ordering, based on

24 what Mr. Rodems has indicated that is not required

25 but he has volunteered to do it and it wouldn't


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1 hurt to take a look at it, what -- and I know

2 you've done fairly well in representing yourself

3 but to explain what the 57.105 attorney's fee

4 process is, the way that law reads now is that if

5 one side wants attorney's fees and costs under

6 57.105, before the motion can even be filed, there

7 has to be what is called a 21-day letter that goes

8 out which essentially puts the other side on notice

9 and says, here is a pleading or something you've

10 done that doesn't have any merit to it, it is

11 without basis and unless you withdraw it within 21

12 days then the motion for fees is filed. So, what

13 it does is give -- it would give you an additional

14 21 days to think about your position and see if --

15 and if you did what the letter asks, then there

16 would be no basis for any award of attorney's fees

17 on that.

18 MR. GILLESPIE: Well Judge, why I'm having a

19 problem understanding why in his 16-year career he

20 has only filed one or two and in this case he has

21 filed four and he has threatened a couple of

22 others. What would prevent an attorney from just

23 sending a 57.105 notice out with everything?

24 THE COURT: What would prevent that?



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1 THE COURT: There is nothing really except for

2 the fact that from what I've seen it doesn't happen

3 but theoretically that could happen.

4 MR. GILLESPIE: It seems to be happening in

5 this case.

6 THE COURT: Well, it may or may not be. There

7 obviously have been multiple attorney's fees

8 motions filed. But what we are dealing with now is

9 what has been volunteered to do something that he

10 doesn't have to do. And again, you don't have to

11 do anything either except look at the letter and

12 you have 20 days to think about what is in the

13 letter and if you don't want to do anything, you

14 don't have to do anything. But it is just an

15 additional period of time for you to think about

16 what is in the letters that are going to be sent.


18 THE COURT: All right.

19 MR. GILLESPIE: And in my letter of -- in my

20 letter to you today I notice -- I discuss the issue

21 of an amended complaint. This was first raised in

22 this case in October 7th, 2005 and for whatever

23 reason, it hasn't been done yet. I think the case

24 is ripe for that. I also discuss Judge Nielsen's

25 order of May 12th about disqualification of Mr.


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31

1 Rodems. This is what the Judge wrote: "This

2 motion to disqualify is denied with prejudice

3 except as to the basis that Counsel may be a

4 witness and on that basis the motion is denied

5 without prejudice." Now, for Mr. Rodems being a

6 witness, the nature of this case is essentially he

7 is a perpetual witness. The transcripts show that

8 his representation is essentially on going

9 testimony about factual matters. Many times in the

10 transcripts he is confused. He is saying, Judge,

11 we -- Oh, I don't mean we, I mean I as my attorney

12 for the firm think this about my client, which is

13 actually myself. That confusion is evident in the

14 transcripts over and over again. I really believe

15 he needs to be disqualified because of his ongoing

16 testimony in this matter.

17 THE COURT: All right. Well, I assume there

18 will be a renewed motion to disqualify that will be

19 filed and then again set for a hearing once we

20 establish our procedure, but we can't do that until

21 we get what I directed you to produce within ten

22 days from Ms. Huffer.

23 MR. GILLESPIE: Well, Judge, once I -- I'm

24 going to ask for ten days from the receipt of the

25 transcript so that I can give that to Ms. Huffer so


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1 she can read exactly what you are looking for.

2 THE COURT: Okay. That is fine. I think I've

3 heard you order this transcript on an expedited

4 basis. So, that will be fairly soon.

5 MR. GILLESPIE: So, with regard to the various

6 things that I have asked in this letter, are you

7 saying you would like a motion from me on those?

8 THE COURT: No. At your request I'm going to

9 take a look at the items in the letter, then I will

10 determine whether there needs to be a motion filed

11 or whether I can address them by virtue of what

12 you've got in the letter.


14 THE COURT: Okay. All right. Thank you. We

15 will be adjourned.

16 (Hearing concluded at 4:40 p.m.)

17

18

19

20

21

22

23

24

25


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1

2

3

4

5 COURT REPORTER CERTIFICATE

6

7 STATE OF FLORIDA

8 COUNTY OF HILLSBOROUGH

9

10 I, THOMASINA L. BERRYHILL, RPR, certify that I was

11 authorized to and did stenographically report the

12 foregoing proceedings and that the transcript is a true

13 record.

14 Dated this 27th day of January, 2010.

15

16 ________________________________________

THOMASINA L. BERRYHILL, RPR

17

18

19

20

21

22

23

24

25


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A

a1:8 4:6,13,18,22,24 5:7

5:17,24 6:8,9,11,11,13

6:16,25 7:3,6,6,6,7,8,16

8:2,3,7,18,24 9:19,21

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11:2,5,7,10,15,20,24

12:11,23,24 13:6,10,17

13:22 14:15,20,23

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25:8 26:21,23 27:15

28:7,14,16 29:1,7,9,18

29:21,23 31:3,5,7,18,19

32:7,9,10 33:12

able8:2 9:25 21:1

about5:1 6:22,23 8:15

9:7,21 10:19,20,25 11:1

13:2,14 17:10 20:7

22:17,17 23:6,8 25:6

29:14 30:12,15,25 31:9

31:12

accepted 27:25

accommodate 7:6 13:5,18

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accommodation 8:19

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accommodations 6:6,7

7:12 8:11 11:25 12:15

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29:13 30:15

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17:5,20 18:4,9 21:16

32:11

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afternoons 20:9,14again12:15,16 16:4

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13:22 14:18,22 15:12

16:23 17:3,12,24 19:13

20:4,9 22:4 24:4 27:22

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22:19 23:15

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23:13 24:14 28:9 29:13

29:22 30:14,21 32:3

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5:1,2,4,10,17,22,24 6:5

6:6,7,13,14,18 7:10,14

7:19,20,24 8:2,5,6,21

9:8,23 10:6,7,13,19,21

11:6,9,10,11 12:1,2,11

12:15,16,17,18,22 13:1

13:3,4,15,18,21,23,24

13:25 14:2,10,11,12,15

14:21,21,22,23,24,2515:2,12,16,17,19,22

16:1,1,9,12,12,19 17:8

17:15,15,16,22 18:19

19:8,12,20,21,22,24

20:2,3,5,16,19,22,23

21:3,11,20 22:2,11,15

22:19 23:7,11,18 24:1,2

24:3,7,8,8,15,16,19,22

25:2,6,20 26:4,6,8,12

26:19 27:6,23,24 28:7,9

28:13,20,23,25 29:1,5,9

29:11,14,15,20,21

30:10,11,13,19,22 31:4

31:14,19 33:11,12

another9:18 21:5 25:21

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24:17,20 25:19 26:4

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20:8,17 22:10 24:16,17

25:19,20,20 26:4,5,7,12

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11:10,19 13:5 14:8,8,9

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19:4,5 20:12,20,25 21:1

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26:20,25 27:25 28:6

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complex10:14compliance 25:1

complicated 10:15

complied27:24

comply6:15

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concerned14:20

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G

generally 9:12George1:14get4:8,12 5:3,22 6:25

7:12,17 16:13 17:21

18:21 19:7 20:19 24

27:12 31:21

getting7:16

Gillespie 1:5 2:3 4:3,24

5:5,10,16 7:4,13,23 8

8:16 9:9,14,17,20 10

11:5,20 12:4,10,20 1

13:6,10,13 14:2 15:2

16:11,15 17:3 18:3,6

18:12,15 20:7,10,15

21:14,16,19 22:13,15

22:23 23:2 24:12,14

25:4,11,13,14 26:6,7

26:25 27:3,12,14,17

28:2,5,18 29:18,25 3

30:17,19 31:23 32:5

Gillespie's 11:14 25:17

give13:13 15:22 20:17

24:5 29:13,13 31:25

given11:23 14:3,4,5 116:19 22:9

gives21:24 23:12giving24:1

go6:14 7:2 8:10 9:3 10

11:10 12:4 14:20 16

goal24:23

goes6:21 9:10 23:15 2

going6:8 11:22 12:8

15:18 16:15,17 18:17

18:22 19:5,7,13 20:4

21:8,22,23 22:7,11

23:18 25:23 26:1 28

30:16 31:8,24 32:8

gone16:2good4:2,3,4 8:7

got15:20 17:25 32:12

guess16:3 23:5 25:8

H

had6:2 8:7,20 11:9 12

12:16 14:5,7 17:18

22:21 27:16

half4:18 15:4,14,22 16

19:8,10,11

hand5:2,4 9:2

handling7:15


36/40

happen19:15 23:6 30:2,3happened8:20

happening30:4

happy17:4,6 18:5 24:23

hard7:17

harm27:25

has5:11,16,25 7:8 10:3,3

10:5,6 11:8,9 12:2

14:16,22 15:25 16:1

18:24 22:3 23:2,11,1123:14,23 25:4 28:7,7,24

28:25 29:7,20,20,21

30:9

hasn't8:13 18:25 30:23

hault9:8

have4:6,10,15,20,24 6:2

6:17,25 7:15,23,25 8:2

10:13 11:2,5,6,7,24

12:14,17,24 13:10,17

15:10,16,17 16:5 17:15

17:18,19 18:10,11,17

20:1,22 21:10,12,19

22:1,11 23:10 24:4 26:5

26:11,22 27:8,9,15

28:14 29:10 30:7,10,10

30:12,14 32:6

haven't24:21

having28:1 29:18

he5:4 10:3,5 11:15 12:16

12:20,21,22 18:3 21:21

21:22,23 23:7,9,9,11,11

23:16 24:16,16 25:6,20

26:8,13 28:14,25 29:19

29:20,21 30:9 31:6,10

31:10,15

headphones 7:18

healthcare11:24hear6:13 8:25 9:1 11:22

heard4:15 8:22 32:3

hearing6:9 7:14,17 8:5,9

8:14 11:20 14:5,6,9

15:11,17 17:12,15,17

17:18,22 19:6,9,10,17

20:3 21:9,10 22:8 23:9

23:19 24:9 26:23 27:8

27:14,16 28:20 31:19

32:16

hearings20:12 22:2,17help4:11 17:8her11:1

here4:9,25 5:4 11:6 12:518:6 19:6 23:8 25:18

29:9

HILLSBOROUGH1:1

33:8

him11:12 18:9 24:1HIPAA13:14,19 16:5,7hired16:16

his5:24 10:4 23:10,16

26:10,20 29:19 31:8,15

history 14:15

Honor7:13 8:1,17 9:9

10:23 13:11 15:3 17:1

18:8 19:16 20:23 25:12

25:13 26:18 27:3,9

28:19 29:25

HONORABLE1:13

horns17:16

hour4:18,18 15:14,22,22

16:1,1 19:8,10,12

hours11:18 15:3how13:5,18 15:18 16:15

HSBC9:21Huffer6:6 11:25 13:15

16:19 31:22,25

Huffer's13:4

hundred20:11

hurt29:1

I

I3:1 4:5,7,11,14,15,17,17

4:19,24,24 5:1,6,17,18

5:22,25 6:5,9,14,14,16

6:19,21,22,25 7:23 8:5

8:6,11,14,23 9:3,5,17

9:18,25 10:19 11:2,5,6

11:7,11,18,22,22 12:4,5

12:9,9 13:6,13,17 14:2

14:6,7,12,25 15:2,3,18

15:21,22,23 16:3,4,5,5

16:6,6,12,12,16,20 17:3

17:8,9,11,25 18:5,8,12

18:12,15,20,22 19:2,2,7

19:8,14,16,16,22,23,24

20:1,3,10,17,19,19,22

21:1,16,19 22:1,1,3,4,7

22:16,25 23:1,5,7,20

24:2,4,22 25:5,7,8,12

25:13,14,16,20 26:1,3,4

26:6,7,11,14,16,19,1926:20,25 27:6,7,7,9,9

27:25 28:5,6,10,13,17

28:23 29:1 30:20,20,23

30:24 31:11,11,11,14

31:17,21,23,25 32:2,6,9

32:11 33:10,10

idea8:7 18:21 19:20

21:24 23:13 24:5

if4:24 6:18 7:14 8:4,10

8:12 9:6 10:8 11:10,11

12:8,10,13 15:3 16:2,4

17:1,4,12,24 18:3,18,20

19:16 21:4,6,7,10 22:7

24:15,19,25 25:4,14,1925:20 26:4,5,6,25 27:7

27:22 29:4,14,15 30:13

ignored14:16II1:13imagine4:22

implement 11:1

impossible 9:1

in1:1,1,1 4:5,6,14,16 5:6

6:9,17 8:8,23,25 9:1,17

9:18,18,22,25 10:1,2,4

10:21 11:1,7,8,9,13,15

11:16 12:6 14:4,6,7,9

14:15,19 15:4,11,13,22

15:24 16:3,8 17:3,5

18:6,18,18,22 19:1,21

20:13 21:2,9,11,19,21

21:21 22:11,12,16 23:8

23:10,11,13,14,22,24

24:6,17,23 25:1,5,7,8

26:12,14,15,22 27:13

28:1,11,17,18,18 29:2

29:19,20 30:4,12,16,1930:19,21,22 31:9,13,16

32:6,9,12

inadvertent5:12

inappropriate14:7

inarticulate14:12

Inc1:24index3:5 25:8indicated24:5 28:24

information 8:17 14:8

input20:1

installed7:18

instead23:24

instructed12:21

interest 10:4 11:16interpretation5:23into19:4

involve10:15

involved 9:18 24:10

is4:9,22 5:21 6:16,18,20

6:23 7:6,8,8,9,9,11,11

7:14,16,17,22 8:2,12,14

8:16,20,25 9:11,13,14

10:2,9,11,14,19,21 11:7

11:23 12:12 13:6,7,14

13:15,17,21,22,23,23

14:15,22,24 15:1,12,13

15:25 16:2,8,10,15,2517:9 18:3,15 19:4,5,7

19:17,20,23,25 20:2,12

21:1,4,5,7,8 22:4,5,5,7

22:7,15 23:3,16,25

24:24,25,25 25:1,2,6,15

25:15 26:8,10,22 27:18

27:19,25,25 28:16,16

28:18,22,24 29:4,4,7,9

29:10,12,13 30:1,8,12

30:14,16,24 31:1,2,4,6

31:7,8,10,10,12,13 32:2

33:12

Isom10:24 11:7 14:4

issue7:2 8:3 9:7 10:2513:16 14:13 21:16

23:15 28:7 30:20

issues5:17 9:2 10:16 16:6

22:16

it4:19 5:2,3,4 6:9,18,19

6:23 7:1,6,7,16 8:2,6,16

8:25 9:4,14 10:14 11:5

11:6 12:1,6,11,12,15

13:7,8,10,13,18 14:6,15

14:16,17 15:25 16:1,8

18:22,23,25 19:5,11,23

20:4,20,20 21:7 22:3

23:1,12,15,25 25:2

27:16,18,19,24 28:7,16

28:18,25,25 29:1,10,10

29:11,13,13 30:2,4,6,14

30:23

item27:18,20

items32:9

itself28:8I'll19:9

I'm6:18 7:21 8:9 11:412:20 15:18 16:15,17

18:2,9,16,21 19:7,13,23

20:4,5,11,23 22:4 23:18

24:5,11,13,19 25:3,18

25:21,23 27:19 28:21

29:18 31:23 32:8

I've15:23 16:1 22:18

30:2 32:2

J

J1:9

JAMES1:13January1:16 33:14

Judge1:13 4:17,24 5:55:20 7:4 8:18 10:24

11:7,13 12:5,11 14:2,4

14:14 16:11,16 19:8,24

20:10,15 21:14,17

22:13,21 23:21 24:11

28:2 29:18 30:17,24

31:1,10,23 32:13

judges6:24 10:10 20:24

Judge,but26:10

judgment22:20

judicial1:1 5:19 10:17,18

11:14 15:15,17 21:5

22:6July26:13,16 27:21just4:12,14,16,19 5:25

6:9 7:17 8:22 9:12 10:7

14:18 15:11 16:7 17:12

17:14 19:2,9,14 20:4,8

21:24 22:5,15 23:12,18

28:8,20 29:22 30:14

K

Karin6:5 11:25

keep10:17

Kennedy1:24

kept14:8

kind9:10 17:18 18:2424:9

know 4:5 13:18,22 14:3

15:18 17:21 19:2,11,12

20:3,5,19 21:15 22:10

23:7,23 26:20 27:2 28:5

29:1

L

L1:18 33:10,16

largely 14:16

last4:22 17:11,25

late5:17

later12:12 20:12law 10:21 11:2 28:5,6

29:4

lawsuit9:18

lawyers15:20

lead20:18

least11:21 17:10

leave19:13left5:6,24 23:7

legal10:15let6:25 8:4 9:5 11:12

15:18 21:15,22 25:12

27:12

letter4:25 5:16 6:21 9

9:10,17 10:9 11:14 1

12:9,9 14:20 22:16 2

26:6,7,12 27:24 28:1

29:7,15 30:11,13,19

32:6,9,12

letters30:16

let's20:17

like5:1 7:19 8:6 9:3 11

12:5 13:6 17:4,22,23

18:12,22,24 19:5,7,2

20:21 21:12 22:16 32

likely10:15

limit6:8

line22:12

listed8:8

listing11:21

litigant7:7

litigation10:14lives18:18long14:15 21:15

look22:2 23:1 24:15 2

26:3 27:6 28:22 29:1

30:11 32:9looking32:1

looks8:6

Loop2:3lot4:7 12:23

M

M1:13

made6:12 7:12 16:24

22:25 23:5,19

main15:9mainly4:6

make8:11 12:1,11,14

20:4,11,24

management 6:24 10:10:12,16,17

manner10:1 14:7 17:5

23:25

many23:15 31:9March8:18 19:25 22:2

23:9

matter6:1 9:21 14:14

18:19 21:25 26:15,20

31:16

matters8:9 12:18 24:1

31:9

may4:24 10:13,16 19:


37/40

23:10 24:12 25:14 30:6

30:6,25 31:3

maybe15:25 19:10

me5:4 6:25 8:4,5,13 9:1,5

9:12 12:2,8 14:11 16:13

16:14,20 17:2,4 18:4

21:21,22,23 22:23 23:5

23:20 25:12 27:12 28:9

32:7

mean4:19 8:11 11:2212:9 15:21 16:5 18:23

20:14 22:1,3,25 27:25

31:11,11

means18:16

merit29:10

message5:24might10:5 14:25 27:24miles20:12

minutes4:17 15:24 18:20

19:10

misinterpretation16:21

misrepresentations 5:13

mistake23:25

moment7:3Monday20:1months9:25

moot26:11 28:10

more15:14,20,22 18:5

19:12 20:18 24:6,22

25:21

mornings 20:9

most15:21motion4:19 5:10 8:21

14:25 15:15 17:5 18:18

19:7,21 22:24 24:24

26:13,15,17,17 27:19

27:20 29:6,12 31:2,4,1832:7,10

motions4:10,17,21 6:8

6:11,12 8:23,24 11:17

11:19,21 14:21,21,25

15:16 17:14 22:17 23:3

23:4 24:12,15,20 25:5

25:16,19 26:5,12,21

27:10 30:8

movant25:24

Mr4:3,4,24 5:5,10,16 6:1

7:4,13,23 8:1,16,21 9:9

9:14,17 10:2,23,24 11:5

11:11,13,13,17,19 12:4

12:10,20,22 13:2,6,1013:13 14:2 15:2,6,6

16:11,15,24 17:1,3 18:2

18:3,6,8,12,15 19:1,16

20:7,10,15,22 21:14,16

21:19,20 22:13,15,23

23:2,4,4,8,19,22,22

24:3,11,12,13,19 25:4

25:11,12,13,14,14,17

25:17,25 26:3,6,7,10,19

26:25 27:3,4,6,12,14,14

27:17,17,18,18 28:2,4,5

28:12,18,24 29:18,25

30:4,17,19,25 31:5,23

32:5,13

Ms11:25 13:4,15 16:19

31:22,25

much15:18

multiple30:7

my5:16 6:1,3,5,6,21 7:24

8:6,23 9:11 10:8 11:17

11:18,23 14:21 15:11

15:12,13,15,17 17:219:1,9,13,18 22:5,16

23:8,25 24:23 25:5 26:3

26:14,17 27:12,15

30:19,19 31:11,12

myself14:13 31:13

N

N3:1

nature21:25 31:6

need4:17 11:18 13:22

16:4 19:16,22 20:25

24:7

needed4:8

needs4:11 13:17 21:431:15 32:10

neglecting6:18

NEIL1:5 2:3

neither26:21

never23:5

next6:21 16:3 18:22

20:20

Nielsen 14:14

Nielsen's 30:24

no1:6 5:25 8:1 10:6 17:1

21:21 22:25 27:25

28:11 29:16 32:8

none6:1normal18:24Normally 7:5North2:9

not4:20 6:18 7:21 8:10

8:16 13:7 14:10,12 15:6

15:11 19:5,20,23 20:8

21:22 24:11,23 25:1,3

25:18 26:5,7,14,16

27:24 28:17,24 30:6

Notary1:19note5:25 15:3

noted8:22 11:19

nothing30:1

notice5:21 6:2 8:8 11:2014:3,4,5 17:16 22:8

27:14,15 29:8,23 30:20

notices5:19 6:1now9:3 18:16 26:19 29:4

30:8 31:5

nuclear23:23

number6:8 15:9 18:5

27:19,20

O

object18:8

obvious15:25 19:23

obviously 13:1 14:11 19:3

30:7

Ocala2:4 9:22

occasion4:14

October30:22

odds20:17

of1:1,1,12 5:6,7,17,18,19

5:23 6:1,7,8,12,21 7:15

7:17 8:3,7,8 9:2,10,10

9:19,20,22 10:4,8,11,1111:2,5,11,16,20 12:6,23

12:25 13:24 14:15 15:9

15:10,13,20,21 16:7,21

16:22 17:12,17,19

18:17,19,23,24 19:21

19:25 20:8,18,18 21:3,4

21:5,24,25 22:2,6,17,19

22:20 23:16,24 24:3,9

24:17,18 25:4,5 26:11

26:21,22 27:2,8,14,15

27:16 28:1,6 29:16,21

30:15,19,21,25,25 31:6

31:15,24 32:11 33:7,8

33:14

office15:12official10:20

Oh22:10 31:11

okay9:16 13:12 14:17

17:19 18:10,14 20:16

22:12 26:24 27:1 28:20

32:2,14

old28:15on5:21 6:8,14 8:6,7,18

9:3 10:8 11:14 12:11

14:11,13 16:16,18,20

17:20 18:6,17 19:18

20:4 22:12 23:9,21 24:724:22 26:1,13,16,20

28:5,15,23 29:8,17 31:4

31:8 32:3,7

once31:19,23one4:14 5:25 8:25 9:1,19

13:15,22 14:25 15:14

22:17 23:10,12,14

24:11 25:17 26:21,22

27:8 28:13 29:5,20

ongoing 31:15

only4:22 8:5 20:10 21:7

22:1,6 25:15 27:1,23

28:23 29:20

open14:7 19:14 23:22opportunity24:1

opposing 9:23 13:1

options19:13

or4:13,18,18,18 6:1 7:7,7

7:7,16,18 10:15,18

15:16,22 17:2,3,17,23

17:23 18:3,4,20 19:5,10

19:10 20:9,9,18,20

22:17,23 23:10,12,14

25:8,9 27:24 29:9,20

30:6 32:11

order5:11 6:3,10,15

17:17 22:18 30:25 32:3

ordering28:23

organized4:9

other4:20 6:3 7:19 12:18

12:23 14:21,22 17:18

17:20,21 18:17 20:2,3

21:3,9 23:2 28:23 29:8

others23:12 29:22our5:7 7:8 13:21 22:2,10

31:20out4:8,13 6:4,10,17 7:10

7:21 8:8 9:8 15:1 16:21

16:24 17:16 18:6,23

20:21 22:10 23:24

25:17 27:23 29:8,23

outlined 17:11 22:5over8:21 15:15 16:2,2

20:24 21:9 31:14,14

overturn22:18

own8:6 10:4 11:1

P

page3:2,3 9:20 10:8

paperwork4:8paragraph10:9

part6:21 12:6

parties6:17

party19:24

past21:19

pending6:12 8:23 24:20

25:19 26:4 27:7

people4:16

percent15:20

perfectly24:19

perhaps 25:4

period25:3 28:1 30:15

permission5:1permitting16:2perpetual31:7person14:12

Persons5:20

phone17:20

Plaintiff1:6 2:2

plaintiff's5:10 8:19 27:19

27:20

pleading 29:9pleadings4:21please11:16

point6:9 8:22 23:17 24:7

24:11 26:10

pointed 6:16points28:6

policy10:6 15:13 22:5

position29:14possibility 24:18possible14:9 19:6,19

post-traumatic9:14

practice 20:23

precious15:12

prefer18:15 22:23

prejudice 31:2,5

present12:25presented 7:5 8:17

pressed12:17pretty8:7

prevent29:22,24

previous5:7

prior14:5,13 22:2,8

prisoners10:6

Privacy 13:14,20

private14:8pro2:3

proactive24:6probably 13:15 18:21,

25:9

problem4:22 6:11 9:1

10:2 12:6 17:19 20:2

25:15 29:19

problems13:24 16:8

17:13

procedure10:12 18:13

31:20

proceed16:16 18:12

24:23

proceeding5:8 24:8

proceedings1:12 5:22

10:7 13:25 16:9 33:1

process5:21 29:4processed24:8

processor25:9

produce31:21

professional10:1 11:2

23:25

promote10:18

protected 13:19 16:5provide18:4,9 24:2,13public1:19 6:16

pull25:9

purporting 26:9

purpose24:25purposes13:22

put16:7

puts29:8P-R-O-C-E-E-D-I-N-G

4:1

P.A1:8 2:8

p.m1:17 32:16

Q

question 7:9 11:23 13:

R

raised24:17 30:21

ramifications 13:25read7:1 11:8 12:8,9,1

15:23 32:1

reading 6:23

reads29:4

ready13:7

really10:20 13:17 30:

31:14

reason6:3 10:25 12:22

14:10,16 15:9 21:20

30:23

reasonable 6:13 10:18

reasons15:9


38/40

receipt31:24recommendations 13:4

record14:11,15 16:19

33:13

referred4:15 18:13

referring24:13

regard11:9 32:5

rehearing 26:17,18 27:20

28:7

relation 17:3relief5:11

remember14:18 22:2

removed25:2

renewed31:18

report6:5 7:24 13:3

33:11

REPORTED 1:18reporter1:18 3:6 16:17

33:5

represent14:13 23:16

representation 31:8

representing 10:4 12:17

23:5 29:2

request7:6 8:19,23 13:515:16,19 16:10,17 17:5

17:15 18:20 19:8,11,17

20:3,10 21:7 23:1 28:16

28:22 32:8

requested 6:7 14:8 15:3

15:25 16:18

requesting 15:21 19:24

requests 14:1 18:19require10:16 22:7 26:1required5:21 6:19 28:24

requires10:10 24:15

resolved24:21 26:5,22

resort4:23 17:11 18:1respond16:20 22:20 28:3

rest9:10

retained6:5 11:24review 10:21 11:2right5:14 6:23 9:9 12:10

12:13 15:5 16:23 24:4

26:12 27:11,22 30:18

31:17 32:14

Rights13:14,20

ring22:9

ripe30:24Rodems1:8 2:8,8 4:4 6:1

10:2,23 11:11,13,18

15:7 16:24 17:1 18:219:1,16 20:22 21:20

23:8,22 24:3,11 25:12

25:14,25 26:3,19 27:5,6

27:15,17,18 28:4,12,24

31:1,5

Rollins9:23RPR1:18 33:10,16

rule5:18 6:2,15,23,24,25

10:9,11,14 20:18 21:5

Rules5:19 22:6

RYAN2:8

S

said23:9,22 25:21 27:16

sanctions22:19 24:18,24

Sanders9:24

say4:17 11:11,12 12:2

13:6 14:2 19:12,24

20:17

saying7:21 8:12 9:6

14:20 19:23 22:4 31:10

32:7says6:24 24:25 29:9

schedule 6:13 11:17

scheduled 20:12

scheduling 17:17

scorched10:5

se2:3search25:9second7:10

secondly13:23

see12:2,2 16:4,6,13,16

25:6 26:4 27:7 29:14

seeing14:22

seems30:4

seen30:2send4:16 15:15 17:16

19:21 27:23

sending29:23

sends18:18

sense12:1

sent30:16

sentence 11:16

service25:5set4:19 6:13 8:5 11:18

14:21,23,24,24 19:9

20:3,19 24:8 26:18,22

27:8 31:19

setting6:10 18:22several4:10

she10:25 11:1,8,9 12:2

13:8,15,19 14:5,10

16:19 32:1

short21:10

shortly8:20

should6:12 7:12 8:10,11

12:3 13:10 17:19 24:5

25:2

show 31:7

side13:1 14:22 20:2,3

21:10 29:5,8

signed28:11

signer7:16

simple7:11

since11:6 18:16 28:16

single6:9

sir19:1 25:25 27:6,15

28:4

sit25:18sitting8:25 9:1 23:25

skip9:19

so4:9,19 6:25 7:17 9:1

11:10,21 13:12 14:15

15:24 16:7 17:20 18:1

18:10 19:2,13,14,18

20:2 21:1,4,6,10,24

22:6,9 23:12,15 25:3,3

25:18 28:14 29:12

31:25,25 32:4,5

some4:10 6:7 9:2 13:14

15:22,24 22:2 24:5,9

25:8

somebody7:17 14:23

15:25 18:18 19:11

21:11 22:7,9something7:19 11:11,12

17:9,23 18:24 20:19,21

25:1 29:9 30:9

sometimes7:16

soon32:4

sorry12:20 27:19specifically 25:3spread 4:8

Squire9:24

state1:1 11:15 33:7

statement5:12 23:20

Statute24:25

stenographically33:11

still27:7Street 1:15stress 9:14

stuff16:5

submit6:4 17:14

such14:9

suggest19:17

suggested17:5

Suite1:24 2:9supported22:5sure6:18 7:21 8:10 20:5

21:18 22:14,22 24:11

25:3,18

system14:19systems7:18

S.W2:3

T

table8:7

take10:6,10 11:10 16:20

17:16 19:12 21:4 23:1

23:23 24:1,15,19 29:1

32:9

taken1:14 10:5 19:4

24:16

taking24:6

talk4:20 17:10

talked10:24 11:1 23:7talking5:1 6:22 10:19

13:2 25:6

Tampa1:15,25 2:10

21:24

task26:2

telephone21:6,9,11,20,23

22:8,12

tell9:12 13:8 16:14

telling8:5

ten16:14 31:21,24

terms21:22testified23:9

testify14:11 21:8testimony21:8 31:9,16

than15:14,20 18:5 19:13

24:22 25:21

thank5:5 11:13 22:13

26:19 30:17 32:13,14

that4:9,11,19,21,22,25

5:11,15,20,25 6:1,10,20

6:24,24,25 7:8,8,11,15

7:19,19,22,25 8:20,229:2,6,10,20,21 10:6,8

10:10,16,19,24 11:19

11:24 12:4,12,17,20,21

12:21,22,25 13:16,21

13:24 14:3,10,13,13,23

14:24 15:1,2,4,10,25

16:3,6,12,13,13,16,17

16:20,20 17:2,4,6,9,18

17:22,23,24,24 18:7,8

18:14,15,16,17,18,21

18:24 19:4,13,18,20,23

19:25 20:2,8,12,16,19

20:21 21:1,2,6,7,12,16

21:21,24 22:4,7,8,9,10

22:16,20,21 23:8,13,15

24:3,5,12,16,17,20,21

25:1,15,16,16 26:2,2,5

26:17,21 27:2,4,15,16

27:25 28:6,11,12,14,16

28:16,20,24 29:4,4,7,10

29:17,24 30:2,3,9,16,24

31:3,4,7,13,18,20,25,25

32:2,4,6 33:10,12

That's7:23

the1:1,1,1 2:2,7 4:2,5,5,6

4:15,21 5:2,3,3,7,9,13

5:14,17,23 6:2,3,7,8,126:14,15,17,20,21,23 7:2

7:2,5,9,9,14,14,25 8:4,7

8:14,19,21,22 9:2,3,5,9

9:11,12,13,16,20,22,24

10:2,7,11,17,20 11:4,6

11:16,19,22,23 12:5,6,8

12:9,9,13,24,25 13:1,2

13:4,8,9,12,15,16,17,18

13:21,23,24 14:5,6,8,11

14:12,15,17,19,22 15:1

15:5,8,9,9,20 16:4,5,8,9

16:12,18,21,23 17:2,5,6

17:8,10,11,16,16,16,20

17:25 18:10,13,14,1618:21,22 19:2,3,9,18,20

19:21,23,25 20:1,3,8,10

20:12,13,14,16,17,20

20:24 21:3,3,7,9,9,15

21:18,19,24 22:1,6,6,14

22:19,22,25 23:2,3,5,7

23:9,13,15,19,20 24:1,2

24:4,17,18,24,25 25:4,4

25:7,15,15,23,23 26:1,8

26:11,13,15,24 27:1,1,4

27:11,13,22,23,23 28:3

28:5,6,8,11,13,15,16,20

28:21,23 29:3,4,6,8,

29:15,24 30:1,2,6,11

30:16,18,20,23 31:1

31:6,7,9,12,13,17,24

32:2,5,8,9,9,12,14

33:11,12

their4:8,16

them6:13 10:10 15:18

15:21,22,23 16:1 22

26:22 27:6 32:11then4:19 6:13,16 7:10

7:15 9:7,8 13:25 15:

16:2,9,19,23 17:13,2

19:17 24:18 25:2 27

28:9 29:12,15 31:19

32:9

theoretically 30:3there4:14 5:7 8:23 10

10:11 12:18 13:13 14

14:15,25 15:1 16:8,2

17:13,17 20:8,24,25

21:5,7 22:10,15 23:3

23:14 24:25 25:2,15

25:20,20 26:4,5,6 27

28:11 29:6,15 30:1,6

31:17 32:10

there's17:1

these26:1,21

they8:2 15:14,16,17,2

22:10 24:16 26:12 27

thing21:3 22:7 23:2

28:23

things12:23 13:22 17:

18:17 32:6

think4:11,17 6:21 8:6

10:19 11:5 14:6,25 1

16:20 17:9,24 19:2228:6,17 29:14 30:12

30:23 31:12 32:2

third26:13thirdly14:1THIRTEENTH1:1

this4:12,18 5:23 6:2,1

6:18 7:23 8:1,4,5,14

8:17,21 9:6,10,17,19

10:2,13,21,25 11:3,7

12:6 13:6,16,16 14:3

15:11 16:15,18 17:3

17:18 19:3,8,12,25 2

21:25 22:3,18 23:11

23:17,19,21,24 24:124:7,21 26:12,15,15

28:5,7,18 29:20 30:5

30:22 31:1,1,6,12,16

32:3,6 33:14

Thomasina 1:18 33:10those9:2 10:1 23:6 24

24:18 25:5,10 26:11

27:1,8,23 28:10 32:7

thought14:19

thoughts11:9

threatened23:12 29:2

three19:6


39/40


40/40

24:24 25:1,19 26:4,11

26:13,15,21 28:13,14

29:3,6,23

57.105's28:10

7

722:207th30:22

7751:24

8

8001:1580922:3813-229-8225 1:19

9

9815:20

transcript judge barton 3.00 pm jan 26 2010

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