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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.
-----------------------------------/

BEFORE:

TRANSCRIPT OF PROCEEDINGS
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.
Thomasina L. Berryhill, RPR
Court Reporter
Notary Public
813-229-8225

REPORTED BY:

Berryhill & Associates, Inc.


501 East Kennedy Boulevard, Suite 775
Tampa, Florida 33602

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APPEARANCES:
For the Plaintiff:
NEIL GILLESPIE, pro se
8092 S.W. 115th Loop

Ocala, Florida

34481

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For the Defendants:


RYAN CHRISTOPHER RODEMS, ESQUIRE
Barker, Rodems & Cook, P.A.

400 North Ashley Drive


Suite 2100

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Tampa, Florida

33602

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I N D E X
Page

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

Appearances...........................................2

Index.................................................3

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

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

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THE COURT:

Good afternoon, everybody.

MR. GILLESPIE:

MR. RODEMS:

THE COURT:

Good afternoon.

Good afternoon.
I know we are in the courtroom and

we are in the courtroom mainly because we have a

lot to deal with today and I figured everybody

needed to spread out and get all their paperwork

organized.

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So, that is why we are here today.

We do have several motions along with some

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effort that I think needs to be extended to help

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you all get through this case just to either figure

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out a way for you all to communicate effectively or

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in 20 years there was one occasion where I just

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took what I have heard referred to as the federal

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approach where people would just send in their

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

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or a half hour or an hour or whatever for this

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motion and then we just set it.

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all would not have to talk to each other except by

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written motions and pleadings, that eliminates the

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

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resort.

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MR. GILLESPIE:

I mean so that you

Judge, if I may, I have a

letter here for you that addresses exactly what you

are talking about and I would like permission to

approach the bench and hand it to you.


THE COURT:

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The bailiff will get it from you

and he will hand it up here to me.


MR. GILLESPIE:

Thank you, Judge.

Also,

before you entered, I left in front of your desk

there a copy of the transcript from our previous

proceeding -THE COURT:

Uh-huh.

MR. GILLESPIE:

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-- and plaintiff's motion for

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relief from an order adjudging contempt.

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to do with Bauer's inadvertent statement --

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misrepresentations to the Court.


THE COURT:

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All right.

That has

We will deal with

that.
MR. GILLESPIE:

My letter today has to do with

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a couple of issues and I apologize for the late

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timing.

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Rules of Judicial Administration, Notices to

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Persons with Disabilities.

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notice is required on all process compelling

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appearance at proceedings.

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interpretation of this from the Court Administrator

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yesterday and left a message for his assistant but

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no one has called back.

I became aware of Rule 2.540, Florida

Apparently, Judge, that

And I tried to get an

I would just note that

none of Mr. Rodems or for that matter my notices

have had this Rule 2.540 notice as well as the

Court's Order.

Court Administrator was to find out where to submit

my ADA assessment and report.

Huffer as my AMA Accommodations Designer and

Advocate.

are going to be a limit on the number of motions

considered in a single hearing.

My other reason for calling the

I retained Karin

And some of the accommodations requested

I just point it

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out that this Court's December 30th Order setting

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all motions as a problem because first a

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determination should be made of the pending motions

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and then a reasonable schedule set to hear them.

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

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Order doesn't comply with Rule 2.540 because the

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Courthouse is a public facility.

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out in all fairness, all the parties have been

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

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actually required but I wanted to bring it to your

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attention.

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Then as I pointed

That is for the ADA.

I think the next part of my letter goes to

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exactly what you were talking about because when I

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was reading about the ADA Rule, right beneath it is

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Case Management Rule 2.545 that says that judges

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

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read it.
THE COURT:

Can we go back to the first issue

for a moment.

MR. GILLESPIE:

THE COURT:

Yes, Judge.

Normally when we are presented

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

litigant or a witness or an attorney or whoever it

is that is visiting our courthouse that has a

disability, the first question is what is the

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disability and then, second, after we figure out

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what that is, which is usually fairly simple, then

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we get to what accommodations should be made.

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MR. GILLESPIE:

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THE COURT:

Yes, Your Honor.

And if the disability is hearing,

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then we have different ways of handling that,

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whether it is getting a signer or sometimes

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somebody is just hard of hearing so we get

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amplification systems installed or headphones,

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something like that.

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are well defined and delineated are easy to figure

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out what to do.

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that your disability is.

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MR. GILLESPIE:

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And other disabilities that

I'm not sure what you are saying

That's why I have this 20-page

report compiled by my ADA Advocate and -THE COURT:

Have you attached that?

MR. GILLESPIE:

No, Your Honor, because this

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

today but -- because of a computer issue.


THE COURT:

Well, let me ask this because if

you are telling me and I only set this hearing

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

had a pretty good idea of what was on the table

today because you listed out, in your notice of

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

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not sure if we should go forward until we determine

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what accommodations we should make for you.

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if you are saying your disability, which is yet

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unclear to me, hasn't been dealt with accordingly

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

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about this.
MR. GILLESPIE:

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I mean

Actually it is not, Your

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Honor.

This information was presented to you when

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

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Plaintiff's Amended Accommodation Request under the

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ADA.

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

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heard.

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in my request there were five motions pending.

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think five motions would be difficult for a fully

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experienced attorney to hear in one sitting.

What had happened is shortly after that date,

Just to address the point, you noted that


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It is

impossible for me to hear in one sitting.

those are some of the issues that are at hand.

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

it --

THE COURT:

So,

Well, let me -- but I want to

follow up.

issue about your disability addressed, then we will

hault everything and then figure out what to do.

If you are saying that you want this

MR. GILLESPIE:

All right, Your Honor.

The

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rest of this letter kind of goes along with that

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because the problem with my disability is --

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THE COURT:

Can you just generally tell me

what the disability is?


MR. GILLESPIE:

It is post-traumatic stress

disorder.

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THE COURT:

Okay.

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MR. GILLESPIE:

In this letter I describe

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another lawsuit I was involved in, in federal court

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commenced within a week of this one.

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down to the bottom of page 2.

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vs. HSBC Bank.

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

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Opposing counsel was Traci Rollins and David

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D'Agata with Squire, Sanders & Dempsey.

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case was concluded in 15 months because I was able

We could skip

That was Gillespie

That was about a credit card matter

The entire

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to work in a professional manner with those

attorneys.

has behaved unprofessionally because he has a

conflict of interest in representing his own firm.

He has taken what might be called a scorched earth

take no prisoners policy and that has been

disrupting the proceedings.

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

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

The problem in this case is Mr. Rodems

And just to further

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management for judges that requires them to take

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control of the case.

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Procedure, 1.20 for a case management conference.

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And also this case may even have to be designated

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complex litigation under Rule 1.201 because it is

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likely to involve complicated legal or case

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management issues that may require extensive

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judicial management to expedite the action, to keep

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costs reasonable, or promote judicial efficiency.

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And I think that is what you were talking about.

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But really the conclusive evidence about official

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wrong doing in this case is from a law review and

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--

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MR. RODEMS:

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MR. GILLESPIE:

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There is a Civil Rule of

Your Honor --- from Judge Isom that talked

exactly about this issue.

For whatever reason she

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didn't implement what she talked about in her own

law review.

this.

I would like you to have a copy of

THE COURT:

I'm --

MR. GILLESPIE:

THE COURT:

I think you have a copy of it.

Yes, I have it here and since

Judge Isom is a colleague in this circuit I have

certainly read what she has written back in 1998

and she has had additional thoughts in this regard

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as well.

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

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will let him say something.

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So, if you will go ahead and take a drink

MR. RODEMS:

Thank you, Judge.

In Mr.

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Gillespie's letter to your judicial assistant on

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December 29th, 2009 he did state in a final

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sentence, "In the interest of economy, please

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schedule my five motions together with anything Mr.

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Rodems wishes to set.

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five motions."

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Gillespie did file a notice of hearing today

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listing at least five motions.

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THE COURT:

I will need two hours for my

As the Court noted that Mr.

So --

Well, I mean I am going to hear

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from you but my first question is given the fact

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that you have retained a healthcare professional,

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Ms. Karin Huffer, to be your Accommodations

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Designer and Advocate, wouldn't it make sense for

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

we should do?
MR. GILLESPIE:

I would go along with that,

Judge, but I would like to finish the letter here

because it addresses part of the problem in this

case.
THE COURT:

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Well, if are you going to read me

the letter, I mean I can read the letter.


MR. GILLESPIE:

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All right.

If you want to

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read it yourself, Judge and make a determination on

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it later, that is fine.


THE COURT:

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Right.

Well, because clearly if

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folks have disabilities we could make

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accommodations and again, you had filed it before

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

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representing you and could have pressed that

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forward and apparently there were other matters to

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address.
MR. GILLESPIE:

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I'm sorry that he didn't do

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that.

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

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failed to do a lot of other things.

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He was instructed to do that but for

THE COURT:

When could you have a final copy

of that, whatever you want to present to the Court

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and obviously to the opposing side?


MR. GILLESPIE:

Are you talking about the ADA

assessment and report?


THE COURT:

Ms. Huffer's recommendations and

request as to how to accommodate your disability.


MR. GILLESPIE:
draft.

Yes.

Like I say, this is a

It is not ready yet.

THE COURT:

When would it be -- does she tell

you when the final draft would be -MR. GILLESPIE:

We should have it within a

week, Your Honor.

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THE COURT:

Okay.

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MR. GILLESPIE:

So --

I can give it to you.

There

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is some question about HIPAA Privacy Rights.

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According to Ms. Huffer and she is probably the one

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

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I have a disability is really what the Court needs

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to know and how to accommodate it.

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details, she believes, are protected by HIPAA

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Privacy Rights.

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THE COURT:

And that is fine.

The underlying

For our

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purposes all we need to know is a few things:

One

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is what is the disability and secondly, by virtue

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of that disability what are the problems and

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ramifications for court proceedings and then,

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thirdly, what accommodation requests are there.


MR. GILLESPIE:

Yes, Judge.

And I would say

that, you know, you were given notice.

This Court

was given notice back in 2007.

given notice prior to the hearing.

discussed it at the hearing in, I think, an

inappropriate manner in open court.

requested the information be kept as private as

possible, such as an in camera hearing.

Judge Isom was


She had

I had

For

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whatever reason, she decided not to do that and

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forced me to testify on the record.

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I was inarticulate and not the best person to

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represent myself on that issue.

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this matter was also brought up with Judge Nielsen.

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

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for whatever reason it has been largely ignored.

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THE COURT:

Okay.

And obviously

Prior to that,

Well, we will deal with it,

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but just remember what you write because we all

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thought in the court system as far as today was

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

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ahead and set my five motions and any other motions

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the other side has, and all we were seeing is

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somebody set a date that wasn't agreed upon and

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

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motions and I think there might be one motion from

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the defendant that is out there.


MR. GILLESPIE:

And I apologize for that Your

Honor.

That time was cut in half --

If you do note, I requested two hours.

THE COURT:

MR. GILLESPIE:

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But --

Right.
-- not even counting Mr.

Rodems.
THE COURT:

Don't feel bad because for any

number of reasons, the main reason being the

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avalanche of foreclosure cases that we have,

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hearing time in this division, not just my division

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but all civil divisions, is precious and my office

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policy is anytime anybody in any of my cases asks

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for more than one half hour, they are directed by

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my judicial assistant to send over whatever motion

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or motions they have and whatever time request for

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hearing they have and then through my judicial

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

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to afford them.

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you got more time than 98 percent of the lawyers

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are requesting.

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

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

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down to 15 minutes.

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it is obvious that maybe somebody has requested an

And your request for time, frankly

I mean most of them ask for an

So, frankly in some cases when

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

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


But in any event I guess that will be for next

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time.

HIPAA protected stuff.

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

think would be a violation of HIPAA.

in there what the disability is, what problems it

causes for court proceedings and then what the

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


I mean I have told you the

accommodation request is --

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MR. GILLESPIE:

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THE COURT:

Yes Judge.

-- and I will deal with that and I

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want to see that.

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you tell me, a week, ten days?

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So just put

Can you get that to me within,

MR. GILLESPIE:

This is how I'm going to

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proceed on that, Judge.

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court reporter today.

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this be expedited.

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

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respond on that basis.

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out of the equation as far as any misinterpretation

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of what you asked.

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THE COURT:

As you see, I hired a

I'm going to request that

What you requested on the

I think that would take me

All right.

Then we will figure

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out what accommodations will be made.

Mr.

Rodems,

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is there anything else you want to cover today?

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MR. RODEMS:

No, Your Honor.

If there's

anything that me or my clients can do to assist the

Court or Mr. Gillespie in relation to all this I

would be happy to do that.

address motion request in the manner you suggested

earlier we will be happy to do that, whatever the

Court asks.

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THE COURT:

If you would like me to

Well, and I will try to help you

work through because that, I think, is something we

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can at least talk about today.

Again, with the

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last resort being what I outlined at the beginning

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

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effectively without there being problems, then,

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again, you can just submit whatever motions you

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have and whatever hearing time request and we will

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take the bull by the horns and send out the notice

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of hearing or there will be an order scheduling a

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hearing.

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of problem have discussed, okay, we agree we should

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

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

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coordinate hearing times and things like that

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through emails or faxes or something like that.

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

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

But other folks that have had this kind

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resort.

So --

MR. RODEMS:

I'm amenable to communications

with Mr. Gillespie by email or by fax.

willing to provide me with an email address or a

fax number I would be more than happy to

communicate with Mr. Gillespie from here on out in

that fashion.

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MR. GILLESPIE:

If he is

Your Honor, I object to that.

I'm unable to provide him an email address.


THE COURT:

Okay.

So, do you have -- unless

you have an alternative -MR. GILLESPIE:

I do.

I would like to proceed

what you referred to as the federal procedure.

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THE COURT:

Okay.

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MR. GILLESPIE:

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THE COURT:

We will do that.

That is what I would prefer.

Now, what that means since I'm

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aware that both of you have other things going on

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in your lives, that if somebody sends in a motion

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

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

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

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going to be setting it in like the next week.

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mean it probably would be a couple of weeks out,

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something like that which has kind of been normal

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anyway, hasn't it?

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MR. RODEMS:

THE COURT:

In my experience, yes, sir.


So, I just -- you know I don't --

by doing this approach the disadvantage, obviously,

is that your alls calendars won't be taken into

account or consulted.

here are three possible dates for your hearing.

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

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

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

It is not going to be like,

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hearing for your half hour or 15 minutes or maybe

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it will -- you know somebody will request a half

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

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than that.

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open.

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happen.

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So, I'm going to leave all my options

So, I just want you to understand what could

MR. RODEMS:

Your Honor, may I, if I need to

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request hearing time then suggest to you what is

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currently on my calendar so that to the extent

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possible --

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THE COURT:

And that is not a bad idea when

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you send in a motion and the amount of time you

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think you need and I will try to accommodate you

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but I'm not saying that I can.

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requesting party could say, and, Judge, I would

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

It is obvious the

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Monday.

other side.

know, the other side request a hearing and I set

it.

adjustment.

varies from day to day.

Well, I wouldn't have any input from the


So, and that is a problem with, you

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


And, you know, I'm sure your calendar

Mr. Gillespie, what about your calendar?

Are

there any days of the week that you are just not

available at all or any mornings or afternoons?

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MR. GILLESPIE:

Judge, the only request I

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would make because I'm traveling from a hundred

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miles away is that the hearings be scheduled later

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in the day.

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THE COURT:

Afternoons, you mean?

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MR. GILLESPIE:

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THE COURT:

Yes, Judge.

Okay.

We can do that.

And,

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

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

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

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

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out, something like that.

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MR. RODEMS:

And I have a federal court

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

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when the judges call you over there you make

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whatever arrangements you need to, to be there.

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So, that is fine.

that in this case.

THE COURT:

I will certainly be able to do

And the other thing each of you

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

there is another Rule of Judicial Administration

that allows appearance by telephone if folks so

request it.

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

in a hearing over the telephone unless the other

The only exception to that is if there

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side agrees.

So, if we have a fairly short hearing

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and somebody wants to appear by telephone in

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anything, like even today, that would have been

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allowable.

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MR. GILLESPIE:

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THE COURT:

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MR. GILLESPIE:

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Judge --

As long as you let us know.


Can I address that issue,

Judge?

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THE COURT:

Sure.

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MR. GILLESPIE:

In the past I have appeared by

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telephone and for whatever reason, Mr. Rodems was

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upset with that.

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uncertain terms he was not going to let me appear

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by telephone.

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Tampa.

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contentious nature of this matter.

In fact, he told me in no

He was going to force me to drive to

So, that just gives you an idea of the

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THE COURT:

Well, I mean, I have only to

remember some of our prior hearings and look

through this file to -- I mean it has become

contentious.

just outlined is my policy which is supported by

the Rules of Judicial Administration.

thing that I require is if somebody is going to

appear at a hearing by telephone, that prior notice

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

But all I'm saying is that what I

So, the only

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

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going to be calling in and you will have a

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telephone line to call in on.

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MR. GILLESPIE:

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THE COURT:

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MR. GILLESPIE:

Okay.

Thank you, Judge.

Sure.
And just -- there is two

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issues in my letter that I would like to ask you

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about, about hearings or motions.

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I've asked to overturn this Court's Order

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determining the amount of sanctions and final

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judgment of March 7.

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

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THE COURT:

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MR. GILLESPIE:

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One of them,

Can you respond to that after

Sure.
-- or would you prefer me to

file a motion?
THE COURT:

No, I mean, you certainly made

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your request.

I will take a look at it.

MR. GILLESPIE:

The other thing has to do with

the 57.105 motions.

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

was representing me.

a determination about what would happen with those

after he left the case.

about that in my letter here.

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

Currently there is two 57.105

I guess the Court never made

And, you know, I talked


When Mr. Rodems

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

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career.

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threatened one or two others.

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

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

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many times that amount.

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of whether he is even appropriate to represent his

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firm at this point.

In this case he has filed four and he has


So, it just gives

So, it goes to the issue

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And I'm just going to conclude because you

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

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statement, but I brought the transcript with me.

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This was before Judge Crenshaw on August 14th,

22

2008.

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.

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

It is my mistake for sitting

24

back and giving him the opportunity to take this

full blast attack."

and Mr. Rodems copies of that transcript.

THE COURT:

And I will provide the Court

All right.

Well, as I have

indicated which should give you some idea that I'm

taking a more proactive approach in this case from

this point on and we need to get this case

processed and proceeding forward and ultimately set

for some kind of a final hearing for everybody

10
11

involved.
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.

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.

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.

24

motion for sanctions under 57.105 is the exact

25

purpose which the Statute says which is if there is

And if

And if Mr. Gillespie does take

My goal in filing a

25

something that is not in compliance with 57.105

then it should be removed.

period to do so.

perhaps if Mr. Gillespie has the dates of the

service of those motions I could look back in my

file and see what he is talking about.


THE COURT:

And there is a 21-day

So, I'm not sure specifically --

Well, I would assume either in

some index in your file or even I guess a word

processor or word search you could probably pull

10

those.

11

MR. GILLESPIE:

12

MR. RODEMS:

13

MR. GILLESPIE:

14

MR. RODEMS:

Your --

I could, Your Honor. Let me -Your Honor I --

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.

19

if there are any pending unresolved 57.105 motions.

20

He believes there are.

21

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

22

day --

23
24
25

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

THE COURT:

And if there are, as I

I'm going to, because you're the

movant -MR. RODEMS:

Yes, sir.

26

1
2
3

THE COURT:

-- on these, I am going to require

that you undertake that task.


MR. RODEMS:

I will look through my file today

and I will see if there are any pending 57.105

motions that have not been resolved.

I will advise Mr. Gillespie by letter and if there

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

8
9
10

THE COURT:

If there are,

And do you understand what he is

purporting to do?
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.

16

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

17

withdraw my motion for rehearing.

18

rehearing was set for today, Your Honor.

19

The fourth 57.105 motion in this

That motion for

Now, I appreciate and I thank Mr. Rodems for

20

his willingness to work on this matter.

21

for a fact that neither one of these 57.105 motions

22

have been resolved.

23

a hearing today.

24

THE COURT:

25

MR. GILLESPIE:

But I know

In fact one of them is set for

Okay.
But what I will do if --

27

1
2

THE COURT:

Okay.

that you know of?

MR. GILLESPIE:

THE COURT:

5
6

Were those the only two

Yes, Your Honor.

Can you try to verify that, Mr.

Rodems?
MR. RODEMS:

Yes, sir, I will look at them and

I will see if they are still pending.

have either one of those set for hearing today,

Your Honor, I don't believe.

10

I didn't

I did have two

motions to compel.

11

THE COURT:

Right.

12

MR. GILLESPIE:

13

THE COURT:

14

MR. GILLESPIE:

Let me get my --

In any event.
-- notice of hearing from Mr.

15

Rodems.

Do you have a copy of that, sir, my notice

16

of hearing for today?

17

MR. RODEMS:

18

MR. GILLESPIE:

You said that you had it.

Yours, Mr. Gillespie?


Yes, Mr. Rodems.

It is item

19

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

20

item number 3, plaintiff's motion for rehearing

21

from July 16th, 2008.

22

THE COURT:

All right.

It is

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

28

in having another period of time to --

MR. GILLESPIE:

Well, Judge.

THE COURT:

-- respond.

MR. RODEMS:

Yes, sir.

MR. GILLESPIE:

I don't know the law on this,

the fine points of law but I think that because

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

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

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.

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
17
18
19
20

THE COURT:

That

That is a request that since it is

not in writing, I don't think.


MR. GILLESPIE:

It is in writing in this

letter to you, Your Honor.


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

29

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

you've done fairly well in representing yourself

but to explain what the 57.105 attorney's fee

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

one side wants attorney's fees and costs under

57.105, before the motion can even be filed, there

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

out which essentially puts the other side on notice

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.

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:

So, what

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.

23

sending a 57.105 notice out with everything?

What would prevent an attorney from just

24

THE COURT:

What would prevent that?

25

MR. GILLESPIE:

Yes, Your Honor.

30

THE COURT:

There is nothing really except for

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

but theoretically that could happen.

4
5
6

MR. GILLESPIE:

It seems to be happening in

this case.
THE COURT:

Well, it may or may not be.

There

obviously have been multiple attorney's fees

motions filed.

what has been volunteered to do something that he

But what we are dealing with now is

10

doesn't have to do.

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.

15

additional period of time for you to think about

16

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

17

MR. GILLESPIE:

18

THE COURT:

19

MR. GILLESPIE:

And again, you don't have to

But it is just an

Thank you, Judge.

All right.
And in my letter of -- in my

20

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

21

of an amended complaint.

22

this case in October 7th, 2005 and for whatever

23

reason, it hasn't been done yet.

24

is ripe for that.

25

order of May 12th about disqualification of Mr.

This was first raised in

I think the case

I also discuss Judge Nielsen's

31

Rodems.

This is what the Judge wrote:

"This

motion to disqualify is denied with prejudice

except as to the basis that Counsel may be a

witness and on that basis the motion is denied

without prejudice."

witness, the nature of this case is essentially he

is a perpetual witness.

his representation is essentially on going

testimony about factual matters.

Now, for Mr. Rodems being a

The transcripts show that

Many times in the

10

transcripts he is confused.

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.

14

transcripts over and over again.

15

he needs to be disqualified because of his ongoing

16

testimony in this matter.

17

THE COURT:

He is saying, Judge,

That confusion is evident in the

All right.

I really believe

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

32

1
2

she can read exactly what you are looking for.


THE COURT:

Okay.

That is fine.

I think I've

heard you order this transcript on an expedited

basis.

So, that will be fairly soon.

MR. GILLESPIE:

So, with regard to the various

things that I have asked in this letter, are you

saying you would like a motion from me on those?

8
9

THE COURT:

No.

At your request I'm going to

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.

13

MR. GILLESPIE:

14

THE COURT:

15
16
17
18
19
20
21
22
23
24
25

Thank you, Judge.

Okay.

All right.

Thank you.

will be adjourned.
(Hearing concluded at 4:40 p.m.)

We

1
2
3
4

COURT REPORTER CERTIFICATE

5
6
7

STATE OF FLORIDA

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,

17
18
19
20
21
22
23
24
25

RPR

34
A
a 1:8 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
10:1,3,5,9,11,12,21
11:2,5,7,10,15,20,24
12:11,23,24 13:6,10,17
13:22 14:15,20,23
15:22 16:1,7,14,16
17:17,21 18:4,18,23
19:7,8,11,20,21,25 20:2
20:3,11,18,22 21:9,10
22:8,11,21,24 23:1,6,23
23:24 24:6,9,15,23 25:2
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
able 8:2 9:25 21:1
about 5:1 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
19:22
accommodation 8:19
14:1 16:10 28:22
accommodations 6:6,7
7:12 8:11 11:25 12:15
16:24
According 13:15
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actually 6:19 8:16 31:13
ADA 6:5,20,23 7:24 8:20
13:2
additional 11:9 24:14
29:13 30:15
address 8:22 12:19 13:16
17:5,20 18:4,9 21:16
32:11
addressed 9:7 16:6
addresses 4:25 12:6
adjourned 32:15
adjudging 5:11
adjustment 20:5
Administration 5:19 21:5
22:6
Administrator 5:23 6:4
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Advocate 6:7 7:24 12:1
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afford 15:19
after 7:10 8:20 22:20
23:7
afternoon 4:2,3,4

afternoons 20:9,14
again 12:15,16 16:4
17:10,14,25 20:17
28:21 30:10 31:14,19
against 23:4
agree 17:19
agreed 14:23
agreement 28:12
agrees 21:10
ahead 11:10 14:21
all 4:8,12,13,20 5:14,21
6:11,17,17 9:9 12:10
13:22 14:18,22 15:12
16:23 17:3,12,24 19:13
20:4,9 22:4 24:4 27:22
28:21 30:18 31:17
32:14
allow 28:9
allowable 21:13
allows 21:6
alls 19:4
along 4:10 9:10 12:4
25:15
already 24:21
also 5:5 10:13 14:14
26:16 28:13 30:24
alternative 18:11
always 17:25
am 11:22 26:1 28:23
AMA 6:6
amenable 18:2
amend 28:13
amended 8:19 28:9 30:21
amount 18:19 19:21
22:19 23:15
amplification 7:18
an 4:18 5:11,22 7:7 12:16
14:6,9 15:21,25 17:17
18:4,9,11 20:4 21:24
23:13 24:14 28:9 29:13
29:22 30:14,21 32:3
and 1:1 4:5,7,8,17,19,21
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
14:21,21,22,23,24,25
15:2,12,16,17,19,22
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
another 9:18 21:5 25:21
28:1
any 14:21 15:8,13 16:3
16:21 20:1,8,9 21:8
24:17,20 25:19 26:4
27:13 29:10,16
anybody 15:13
anything 11:17 16:25
17:2 21:12 30:11,13,14
anytime 15:13
anyway 18:25 27:22
apologize 5:17 15:2
apparently 5:20 12:18
appeal 24:22
appear 21:11,22 22:8
appearance 5:22 21:6
Appearances 2:1 3:4
appeared 21:19
appreciate 26:19
approach 4:16 5:2 19:3
23:24 24:6
appropriate 23:16
are 4:5,6,9 5:1 6:8 7:5,20
7:20,21 8:5,12,14 9:2,2
9:6 12:8 13:2,19,24
14:1 15:14,21 19:6 20:7
20:8,17 22:10 24:16,17
25:19,20,20 26:4,5,7,12
27:7,23 28:20 30:8,16
32:1,6
arrangements 20:25
as 4:15,22 6:2,2,6,11,16
11:10,19 13:5 14:8,8,9
14:19,19 16:16,21,21
18:13 20:23 21:15,15
24:4,14 25:18,20 31:3
31:11
Ashley 2:9
ask 8:4 15:21,23 22:16
31:24
asked 16:22 22:18 32:6
asks 15:13 17:7 29:15
assessment 6:5 13:3
assist 17:2
assistant 5:24 11:14
15:15,18
Associates 1:24
assume 25:7 31:17
assuming 19:25
at 1:14 5:22 9:2 11:21
14:6 17:10,11 20:9 22:8
23:1,9,17,19 24:15
25:17 27:6 28:22 29:1
30:11 32:8,9,16
attached 7:25
attack 24:2
attention 6:20
attorney 7:7 8:25 12:16
29:22 31:11
attorneys 10:2
attorney's 29:3,5,16 30:7

August 23:21
authorized 33:11
available 20:9
avalanche 15:10
avoid 24:18
award 29:16
aware 5:18 18:17
away 20:12
B
back 5:25 7:2 8:18 10:8
11:8 14:4 24:1 25:5
bad 15:8 19:20
bailiff 5:3
Bank 9:21
Barker 1:8 2:8
BARTON 1:13
based 28:23
basis 16:20 29:11,16 31:3
31:4 32:4
Bauer 8:21 12:22 23:4,19
23:22 25:17
Bauer's 5:12
be 4:11 6:8,12 7:12 8:24
10:5,13 11:25 13:8,9
14:8,25 16:3,7,18,19,24
17:4,6,17,20 18:5,22,23
19:4,5 20:12,20,25 21:1
21:8 22:9,11 24:12,22
25:2 27:24 29:6,7,16
30:4,6,16 31:3,15,18,18
32:4,10,15
became 5:18
because 4:6 6:11,15,22
8:1,3,4,6,8 9:3,11,25
10:3,14 12:6,13 14:18
15:8 17:9 20:11 23:18
25:23 26:11,14,16 28:6
28:10 31:15
become 22:3 28:10
been 6:17 8:13 10:6 14:16
18:24 21:12 23:14
24:21 26:5,22 30:7,9,23
before 1:13 5:6 12:15
23:21 29:6
beginning 17:11
behaved 10:3
being 15:9 17:11,13 31:5
believe 8:14 27:9 31:14
believes 13:19 24:16
25:20
bell 22:10
bench 5:2
beneath 6:23
Berryhill 1:18,24 33:10
33:16
best 14:12
better 13:16
blast 23:23 24:2
both 18:17
bottom 9:20
Boulevard 1:24
bring 6:19

brought 14:14 23:20


bull 17:16
but 4:22 5:24 6:19 8:3,9
9:5 10:20 11:23 12:5,16
12:21 14:18 15:1,12
16:3 17:18,24 18:21
19:23 22:4 23:20 24:13
26:20,25 27:25 28:6,25
29:3 30:3,8,14 31:20
by 1:18 4:20 7:24 13:19
13:23 15:14 17:16 18:3
18:3 19:3 21:6,11,19,23
22:5,8 24:21 26:6,7
32:11
C
C 1:7
calendar 19:9,18 20:5,7
calendars 19:4
call 17:25 20:24 22:12
called 5:25 10:5 29:7
calling 6:3 22:11
camera 14:9
can 4:22 6:25 7:2 8:9 9:12
12:9 13:13 16:4,13,19
17:2,10,14 19:23 20:16
21:16 22:20 27:4,22
29:6 31:25 32:1,11
can't 17:12 31:20
card 9:21
career 23:11,13 29:19
case 1:6 4:12 6:24 8:21
9:25 10:2,9,11,12,13,15
10:21 12:7 21:2 23:7,11
23:14 24:6,7 26:16
29:20 30:5,22,23 31:6
cases 15:10,13,23,24
causes 16:9
certain 25:16
certainly 11:8 21:1 22:25
Certificate 3:6 33:5
certify 33:10
chance 22:21
change 24:17
check 19:9
choose 21:4
CHRISTOPHER 2:8
circuit 1:1,1,13 11:7
civil 1:2 10:11 15:12
clarify 28:11
clearly 12:13
client 31:12
clients 17:2
colleague 11:7
commenced 9:19
communicate 4:13 17:12
18:6
communications 18:2
compel 27:10
compelling 5:21
compiled 7:24
complaint 26:14 28:8,9
28:11,14,15 30:21

35
complex 10:14
compliance 25:1
complicated 10:15
complied 27:24
comply 6:15
computer 8:3
concerned 14:20
conclude 23:18
concluded 9:25 32:16
conclusive 10:20
conference 10:12
conflict 10:4
confused 31:10
confusion 31:13
consider 22:21
considered 6:9
consulted 19:5
contempt 5:11
contentious 21:25 22:4
contingent 28:12
control 10:11
Cook 1:8,9 2:8
coordinate 17:22
copies 24:3
copy 5:7 11:2,5 12:24
27:15
Corporation 1:8
costs 10:18 29:5
could 9:19 12:14,17,24
19:12,14,24 25:5,9,12
30:3
couldn't 21:8
counsel 9:23 25:17 31:3
count 20:4
counting 15:6
COUNTY 1:1 33:8
couple 5:17 18:23 20:18
29:21
court 1:1,18 3:6 4:2,5 5:3
5:9,13,14,23 6:4 7:2,5
7:14,25 8:4 9:5,12,16
9:18,22 11:4,6,19,22
12:8,13,24,25 13:4,8,12
13:17,21,25 14:3,7,17
14:19 15:5,8 16:9,12,17
16:23 17:3,7,8 18:10,14
18:16 19:2,20 20:14,16
20:22 21:3,15,18 22:1
22:14,22,25 23:5,22
24:2,4,22 25:7,23 26:1
26:8,24 27:1,4,11,13,22
28:3,16,20 29:24 30:1,6
30:18 31:17 32:2,8,14
33:5
courthouse 1:14 6:16 7:8
courtroom 4:5,6
Court's 6:3,10,14 22:18
cover 16:25
credit 9:21
Crenshaw 23:21
currently 19:18 23:3
cut 15:4,23

D
D 3:1
date 1:16 8:20 14:23,24
Dated 33:14
dates 19:6 25:4 26:11
David 9:23
day 20:6,6,13 25:22
27:24 33:14
days 16:14 18:20,21 20:8
24:14,20 29:12,14
30:12 31:22,24
deal 4:7 5:14 14:17 16:12
dealing 30:8
dealt 8:13
December 6:10 11:15
decided 14:10 23:23
defendant 15:1
Defendants 1:10 2:7
defined 7:20
delineated 7:20
Dempsey 9:24
denied 31:2,4
describe 9:17
designated 10:13
Designer 6:6 12:1
desk 5:6
details 13:19
determination 6:12 12:11
23:6
determine 8:10 32:10
determining 22:19
did 11:15,20 26:14,16
27:9 29:15 33:11
didn't 11:1 12:20 27:7
different 7:15
difficult 8:24
directed 15:14 31:21
disabilities 5:20 7:19
12:14
disability 7:9,10,14,22
8:12 9:7,11,13 13:5,17
13:23,24 16:8
disadvantage 19:3
discuss 8:9 30:20,24
discussed 14:6 17:19
disorder 9:15
disqualification 30:25
disqualified 31:15
disqualify 31:2,18
disrupting 10:7
District 9:22
division 1:2,7 9:22 15:11
15:11
divisions 15:12
do 4:10 5:12,16 7:21 9:8
12:3,20,21,22,23 14:10
15:3 17:2,4,6 18:10,12
18:14 19:7 20:16 21:1
23:2 25:3 26:8,9,25
27:15 28:7,8,22,25 30:9
30:10,11,13,14 31:20
does 13:8 24:19 29:13
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30:2,10
doing 10:21 19:3
done 29:2,10 30:23
don't 15:8 16:4,6 17:24
19:2 22:9 27:9 28:5,8
28:17 30:10,13,14
31:11
doubt 18:20
down 9:20 15:24
draft 8:2 13:7,9
drink 11:10
drive 2:9 21:23
duty 6:25
D'Agata 9:24
E
E 1:15 3:1
each 4:20 17:20,21 21:3
earlier 17:6
earth 10:5
East 1:24
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Edgecomb 1:14
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efficiency 10:18
effort 4:11
either 4:12 25:7 27:8
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eliminate 28:13
eliminates 4:21
else 16:25
email 18:3,4,9
emails 17:23
entered 5:6
entire 9:24 23:10
equation 16:21
ESQUIRE 2:8
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establish 31:20
even 6:18 10:13 15:6
21:12 23:16 25:8,18
29:6
event 16:3 27:13
everybody 4:2,7 24:9
everything 9:8 29:23
evidence 10:20
evident 31:13
exact 24:24
exactly 4:25 6:22 10:25
32:1
except 4:20 30:1,11 31:3
exception 21:7
expand 10:8
expect 22:9
expedite 10:17
expedited 16:18 32:3
experience 19:1
experienced 8:25
explain 6:14 29:3
extend 25:21
extended 4:11
extensive 10:16

extent 19:18
F
facility 6:16
fact 11:23 13:16 21:21
26:21,22 30:2
factual 31:9
failed 12:22,23
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32:4
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fashion 18:7
fax 18:3,5
faxes 17:23
federal 4:15 9:18 18:13
20:22
fee 28:12 29:3
feel 6:14 15:8
fees 29:5,12,16 30:7
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figure 4:12 7:10,20 9:8
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figured 4:7
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filing 24:23
final 11:15 12:24 13:9
22:19 24:9
find 6:4
fine 12:12 13:21 21:1
24:19 27:25 28:6 32:2
finish 12:5 25:14
firm 10:4 23:17 31:12
first 6:11 7:2,9 8:14 11:23
28:21 30:21
five 8:9,23,24 11:17,19,21
14:21,24
Florida 1:1,8,15,25 2:4
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5:10,17,24 6:1,3,20 7:3
8:2,11,24 9:1 10:10,12
10:25 11:18 12:1,21
13:21,25 14:9,16 15:2,8
15:14,16,19,21,23 16:3
16:9 19:6,8,10 21:20
23:25 24:9,9,12,20,24
26:12,17,17,18,19,21
26:22 27:8,16,20 28:21
29:12,16 30:1,15,22,24
31:5,12,19,24 32:1
force 21:23
forced 14:11
foreclosure 15:10
foregoing 33:12
forward 8:10 12:18 24:8
four 23:11 29:21

fourth 26:15
frankly 15:19,24
from 5:3,7,11,23 10:21,24
11:23 14:25 18:6 19:7
20:1,6,11 23:4 24:6
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31:22,24 32:7
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G
generally 9:12
George 1:14
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getting 7:16
Gillespie 1:5 2:3 4:3,24
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8:16 9:9,14,17,20 10:24
11:5,20 12:4,10,20 13:2
13:6,10,13 14:2 15:2,6
16:11,15 17:3 18:3,6,8
18:12,15 20:7,10,15
21:14,16,19 22:13,15
22:23 23:2 24:12,14,19
25:4,11,13,14 26:6,7,10
26:25 27:3,12,14,17,18
28:2,5,18 29:18,25 30:4
30:17,19 31:23 32:5,13
Gillespie's 11:14 25:17
give 13:13 15:22 20:17
24:5 29:13,13 31:25
given 11:23 14:3,4,5 16:1
16:19 22:9
gives 21:24 23:12
giving 24:1
go 6:14 7:2 8:10 9:3 10:8
11:10 12:4 14:20 16:2
goal 24:23
goes 6:21 9:10 23:15 29:7
going 6:8 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 28:21
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got 15:20 17:25 32:12
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H
had 6:2 8:7,20 11:9 12:15
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half 4:18 15:4,14,22 16:1
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hand 5:2,4 9:2
handling 7:15

36
happen 19:15 23:6 30:2,3
happened 8:20
happening 30:4
happy 17:4,6 18:5 24:23
hard 7:17
harm 27:25
has 5:11,16,25 7:8 10:3,3
10:5,6 11:8,9 12:2
14:16,22 15:25 16:1
18:24 22:3 23:2,11,11
23:14,23 25:4 28:7,7,24
28:25 29:7,20,20,21
30:9
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have 4:6,10,15,20,24 6:2
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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
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haven't 24:21
having 28:1 29:18
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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
healthcare 11:24
hear 6:13 8:25 9:1 11:22
heard 4:15 8:22 32:3
hearing 6:9 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
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help 4:11 17:8
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HILLSBOROUGH 1:1
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HIPAA 13:14,19 16:5,7
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his 5:24 10:4 23:10,16
26:10,20 29:19 31:8,15
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Honor 7:13 8:1,17 9:9
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18:8 19:16 20:23 25:12


25:13 26:18 27:3,9
28:19 29:25
HONORABLE 1:13
horns 17:16
hour 4:18,18 15:14,22,22
16:1,1 19:8,10,12
hours 11:18 15:3
how 13:5,18 15:18 16:15
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Huffer 6:6 11:25 13:15
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Huffer's 13:4
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I 3:1 4:5,7,11,14,15,17,17
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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
26:6,7,11,14,16,19,19
26:20,25 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
idea 8:7 18:21 19:20
21:24 23:13 24:5
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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 25:4,14,19
25:20 26:4,5,6,25 27:7
27:22 29:4,14,15 30:13
ignored 14:16
II 1:13
imagine 4:22
implement 11:1
impossible 9:1
in 1:1,1,1 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 30:4,12,16,19
30:19,21,22 31:9,13,16
32:6,9,12
inadvertent 5:12
inappropriate 14:7
inarticulate 14:12
Inc 1:24
index 3:5 25:8
indicated 24:5 28:24
information 8:17 14:8
input 20:1
installed 7:18
instead 23:24
instructed 12:21
interest 10:4 11:16
interpretation 5:23
into 19:4
involve 10:15
involved 9:18 24:10
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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 16:2,8,10,15,25
17:9 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
Isom 10:24 11:7 14:4
issue 7:2 8:3 9:7 10:25
13:16 14:13 21:16
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issues 5:17 9:2 10:16 16:6
22:16
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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
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item 27:18,20
items 32:9
itself 28:8
I'll 19:9
I'm 6:18 7:21 8:9 11:4
12:20 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've 15:23 16:1 22:18
30:2 32:2
J
J 1:9
JAMES 1:13
January 1:16 33:14
Judge 1:13 4:17,24 5:5
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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
judges 6:24 10:10 20:24
Judge,but 26:10
judgment 22:20
judicial 1:1 5:19 10:17,18
11:14 15:15,17 21:5
22:6
July 26:13,16 27:21
just 4:12,14,16,19 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
Karin 6:5 11:25
keep 10:17
Kennedy 1:24
kept 14:8
kind 9:10 17:18 18:24
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know 4:5 13:18,22 14:3
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20:3,5,19 21:15 22:10
23:7,23 26:20 27:2 28:5
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L
L 1:18 33:10,16
largely 14:16
last 4:22 17:11,25
late 5:17

later 12:12 20:12


law 10:21 11:2 28:5,6
29:4
lawsuit 9:18
lawyers 15:20
lead 20:18
least 11:21 17:10
leave 19:13
left 5:6,24 23:7
legal 10:15
let 6:25 8:4 9:5 11:12
15:18 21:15,22 25:12
27:12
letter 4:25 5:16 6:21 9:3
9:10,17 10:9 11:14 12:5
12:9,9 14:20 22:16 23:8
26:6,7,12 27:24 28:19
29:7,15 30:11,13,19,20
32:6,9,12
letters 30:16
let's 20:17
like 5:1 7:19 8:6 9:3 11:2
12:5 13:6 17:4,22,23
18:12,22,24 19:5,7,25
20:21 21:12 22:16 32:7
likely 10:15
limit 6:8
line 22:12
listed 8:8
listing 11:21
litigant 7:7
litigation 10:14
lives 18:18
long 14:15 21:15
look 22:2 23:1 24:15 25:5
26:3 27:6 28:22 29:1
30:11 32:9
looking 32:1
looks 8:6
Loop 2:3
lot 4:7 12:23
M
M 1:13
made 6:12 7:12 16:24
22:25 23:5,19
main 15:9
mainly 4:6
make 8:11 12:1,11,14
20:4,11,24
management 6:24 10:10
10:12,16,17
manner 10:1 14:7 17:5
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March 8:18 19:25 22:20
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matter 6:1 9:21 14:14
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matters 8:9 12:18 24:17
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may 4:24 10:13,16 19:16

37
23:10 24:12 25:14 30:6
30:6,25 31:3
maybe 15:25 19:10
me 5:4 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
mean 4:19 8:11 11:22
12:9 15:21 16:5 18:23
20:14 22:1,3,25 27:25
31:11,11
means 18:16
merit 29:10
message 5:24
might 10:5 14:25 27:24
miles 20:12
minutes 4:17 15:24 18:20
19:10
misinterpretation 16:21
misrepresentations 5:13
mistake 23:25
moment 7:3
Monday 20:1
months 9:25
moot 26:11 28:10
more 15:14,20,22 18:5
19:12 20:18 24:6,22
25:21
mornings 20:9
most 15:21
motion 4:19 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 31:2,4,18
32:7,10
motions 4:10,17,21 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
movant 25:24
Mr 4:3,4,24 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 13:2,6,10
13:13 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
Ms 11:25 13:4,15 16:19
31:22,25
much 15:18
multiple 30:7
my 5:16 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 17:2
19:1,9,13,18 22:5,16
23:8,25 24:23 25:5 26:3
26:14,17 27:12,15
30:19,19 31:11,12
myself 14:13 31:13
N
N 3:1
nature 21:25 31:6
need 4:17 11:18 13:22
16:4 19:16,22 20:25
24:7
needed 4:8
needs 4:11 13:17 21:4
31:15 32:10
neglecting 6:18
NEIL 1:5 2:3
neither 26:21
never 23:5
next 6:21 16:3 18:22
20:20
Nielsen 14:14
Nielsen's 30:24
no 1:6 5:25 8:1 10:6 17:1
21:21 22:25 27:25
28:11 29:16 32:8
none 6:1
normal 18:24
Normally 7:5
North 2:9
not 4:20 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
Notary 1:19
note 5:25 15:3
noted 8:22 11:19
nothing 30:1
notice 5:21 6:2 8:8 11:20
14:3,4,5 17:16 22:8
27:14,15 29:8,23 30:20
notices 5:19 6:1
now 9:3 18:16 26:19 29:4
30:8 31:5
nuclear 23:23
number 6:8 15:9 18:5
27:19,20
O
object 18:8
obvious 15:25 19:23

obviously 13:1 14:11 19:3


30:7
Ocala 2:4 9:22
occasion 4:14
October 30:22
odds 20:17
of 1:1,1,12 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 10:4,8,11,11
11:2,5,11,16,20 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
office 15:12
official 10:20
Oh 22:10 31:11
okay 9:16 13:12 14:17
17:19 18:10,14 20:16
22:12 26:24 27:1 28:20
32:2,14
old 28:15
on 5:21 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 24:7
24:22 26:1,13,16,20
28:5,15,23 29:8,17 31:4
31:8 32:3,7
once 31:19,23
one 4:14 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
only 4:22 8:5 20:10 21:7
22:1,6 25:15 27:1,23
28:23 29:20
open 14:7 19:14 23:22
opportunity 24:1
opposing 9:23 13:1
options 19:13
or 4:13,18,18,18 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
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receipt 31:24
recommendations 13:4
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21:21,24 22:4,7,8,9,10
22:16,20,21 23:8,13,15
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26:17,21 27:2,4,15,16
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28:16,20,24 29:4,4,7,10
29:17,24 30:2,3,9,16,24
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32:2,4,6 33:10,12
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THIRTEENTH 1:1
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39
through 4:12 15:17 17:9
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19:14,16,17,18,22 20:4
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22:1,3,7,9,11,12,16,18
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23:1 25:8,11,12,13
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05-CA-7205 1:6
1
1 3:3
1st 19:25
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1.201 10:14
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12th 30:25
14th 23:21
15 4:17 9:25 15:24 18:20
18:20,21 19:10
16th 27:21
16-year 23:10,13 29:19
1998 11:8

X
X 3:1
Y
yeah 22:10
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yesterday 5:24
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you 4:12,13,19,22,25,25
5:2,3,5,6 6:22 7:21,25
8:5,6,8,11,12,17,18,22
9:6,6,12 10:8,9,19 11:2
11:5,10,13,23,24 12:8
12:10,15,16,17,24,25
13:2,9,13 14:3,3,18,20
15:3,20 16:4,5,13,14,16
16:18,22,25 17:4,5,8,12
17:14,14,21,24 18:10
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19:8,11,12,14,17,21,21
19:22,22 20:2,4,5,8,14
20:17,19,24,24,25 21:3
21:4,8,15,24 22:11,13
22:16,20,23,25 23:7,13
23:18,23 24:5 25:9 26:2
26:8 27:2,4,15,16,16,22
28:8,19 29:11,13,15
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30:20 31:21 32:1,3,6,7
32:13,14
your 5:6 6:19 7:13,22 8:1
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2
2 3:4 9:20
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20 4:14 30:12
20th 23:9
20-page 7:23
2005 30:22
2007 8:18 14:4
2008 23:22 26:14,16
27:21
2009 11:15
2010 1:16 33:14
21 24:14,20 25:21 27:24
29:11,14
21-day 25:2 29:7
2100 2:9
26 1:16
27th 33:14
29th 11:15
3
3 3:5 27:20
3:00 1:17
30th 6:10
31st 26:13,16
33 3:6
33602 1:25 2:10
34481 2:4
4
4:40 32:16
400 2:9
5
5 27:19
5th 8:18
501 1:24
57.105 23:3,3 24:12,14,21

40
24:24 25:1,19 26:4,11
26:13,15,21 28:13,14
29:3,6,23
57.105's 28:10
7
7 22:20
7th 30:22
775 1:24
8
800 1:15
8092 2:3
813-229-8225 1:19
9
98 15:20

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