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.C AME RON R Petitioner/H nd, usba NO: CASE 2012-DR-1993 and C H R ISTINE ME RON S.CA Respondent/Wife.
FOR DISQUALIFICATION RESPONDENTS SECOND AMENDED VERIFIED MOTION JUDICIAL PURSUANT FLORIDA TO STATUTE 538.10and (e), ADMINISTRATION 2.330(dX1), (f) and (i). FLORIDA RULES JUDICIAI OF TO RESPONSE INCLUDING AND MEMORANDUM LAWAND REBUTTAL PETITIONER'S OF NOWRespondent, CHRI S T I NE ME RO N, ro u g hCHRI S T I NE CO O K, L C , S .CA L C OME S th S UE p u r su a nto Florida tatute t Ru o S and t h e F lo rid a le s f J u d ic ia lA d min is t ra t io.n 3 0 ( d ) ( L ) , 2 3 538.10 (e),(f) and (j) and movesto disqualify Thomas Santurri Circuit R. as CourtJudgeand to change FL ven u eto Alachua Duval or County, i n t h is ma t t e ra n d in s u p p o rt h e re o fs t a t e s : t INTRODUCTION L. On JuneL9,2012,Respondent filed a Motion for Change Venuealleging, of
that shefearednot receiving fair trial in front of Judge a Thomas R. amongother things, Florida.On May 25,20L2,Petitioner, Santurriand/orin Escambia SantaRosa or Counties, when informing Respondent that he filed for divorce two daysprior alsotold her that he "talkedto the judge" and that he already knewthe outcomeof this case. (Todate,everything has Peti tio n ethreatened occurred.) r 2. Because lackof fundsfor legalfees,Respondent forcedto withdrawher of was
ThomasR. that Judge below,it hasbeenegregiously obvious that date,and as described hopedto 26,2012,Respondent until November however, has Santurri favoredPetitioner; receive fair trial. a FACTS 3. on 6,20L2, filed simultaneously December Noticeof Appearance, Respondent's
"A." heretoas Exhibit is Disqualificationattached VerifiedMotion for Judicial with the original 4. and wassigned Ann E.Meador,Esq. by of A Stipulation Substitution Counsel for
14, Thomas Santurri December R. on byJudge and the Orderwassigned S. Christine Cook,Esq. "8." heretoand incorporated Exhibit as 2OL2.SaidOrderis attached 5. it that Thomas Santurri, was obvious R. Before this casewas evenbeforeJudge
on At favorto Petitioner. the time of settingthe hearing hisAmended his officewas currying Petitioner, then and now a pro se litigant, and Temporary ChildCustody, Motionsfor Contempt Wh 'a the g wa s pe r m itted schedule samew it h o u tc o n s u lt in Re s p o n d e n tcs le n d a r. e n to of Respondent called Judge Saturri's officeto inquireasto the scheduling the August7,2012, werepro se litigants, she that both sheand Petitioner hearing and to alertthe judicialassistant would not be rescheduled. in terms,that the hearing was informed, no uncertain 6. for Spencer, testifying the Petitioner, In that hearing August7,2012,Dr. Rick on
for Santurri and both parties conversation, whichJudge informedthe Courtin an off-record age that to removean infantof Minor Child's from his motherfor more than a were present, to 48-hourperiodwould be detrimental the childnot only now, but in the future and forever. qualified "expert")testified, (whomJudge Judge Santurri an After Dr.Spencer Santurri five (5) care removed the Minor Childfrom the Respondent's and placedhim with Petitioner
from Petitioner, including Respondent the physical, of emotional and other abusesuffered physical violence when Respondent pregnant was and twice while Respondent holding was journalentriesand by email wascorroborated Respondent's by Minor Child.Thistestimony Judge exchanges betweenthe parties.Evenafterthis testimony, Santurri orderedMinor Child to the careof Petitioner, without supervision. 8. At the August7,2012,hearing, Respondent testifiedabout Petitioner's illegal
drug abuse(cocaine and illegally-obtained Lortab).Furthermore, Petitioner a well-known has (a habit in the community fact of whichRespondent previously drug (cocaine) was unaware). In lightof all of thesefactsand evidence, Court,in summary, the rationalized that "evenif Mr. was [using Cameron cocaine] duringthe face-time the childwaswith Ms. Cameron so, [sic], the r e for ethe childwasnot in danger. . .a n d p la c e d h e Min o r Ch ild h P e t it io n ewit h ou t , " t wit r page93, lines1-7 orderingsupervision drugtesting. (Transcript August7,2012 Hearing; or of (portionattached).) 9. On August7,2OI2,in the hearing, Judge Santurri heardof the five (5)times
Peti tio n ecancelled r visits with Minor C h ild .P e t it io n e r, e n s c h e d u lintg e s ev is it s , wh h demanded soleuseof one of Respondent's family's home,and arrangements were madeby Respondent's familyto vacateone homefor thosetimes Petitioner wantedto visitwith Minor page59, lines22-25and page70 linesL-11 Child. (Transcript August7,2012 Hearing; of (portionattached).) Thomas Santurri Judge R. failedto take into account thesefailedvisitsor the effortsRespondent, her family,madeto facilitate and same.
10.
of minutes day. (Transcript a to with involvement and/orinteraction MinorChild wit:fifteen page lines 76, 1-4 attached).) Hearing; 75, 21-25 page lines (portion and August 7,LOLZ
11. hearing Petitioner informedthat Courtthat his ln the August7, 2AL7, specifically
actions were meantto punishRespondent, soughtCourtto removeMinor Childfrom her and page29, line 19-25(portionattached).)Judge care. (Transcript August7,zOtZ Hearing; of Thomas Santurri, R. ignoring bestinterests the then 9-month-old the of to baby,acquiesced Petitioner's demands and awardedmake-up time to Petitioner, rejected of the evidence all and the experttestimonyin favor of Respondent. L2. On August24,20L2,afteryelling"fuckyou" at Respondent while Respondent
was holding the Minor Child,Petitioner told Respondent it was "not [his]fault that the that judge punished you." 13. ln Respondent's hearing November on 9,2012,on her Petition Temporary for
job Relocation, JudgeSanturriheardevidence Respondent's offer as an attorney in Fort of plusbenefits, Lauderdale earning annualsalary 568,000, an of including healthinsurance for Minor Child(who is now on Medicaid). Judge heardevidence the educational Santurri of opportunities amenities and available Minor Childin SouthFlorida, to and learned the of family,professional social and relationships Respondent, livedin the areafor over of who twenty years, and is the areato whichshedesired returnwhen she met Petitioner.(Onthe to date of this hearing, Petitioner had refused pay Respondent to childsupportand had not premiums.Respondent exactly reimbursed for life insurance her had in 522.87 her checking acco u n t.)
personal Petitioner stated knows he information about Judge Santurri wit: "Judge to Santurri is (said a Yankee" was statement in public recorded Petitioner's and with knowledge). When asked howPetitioner knewsuch information, Petitioner stated that hefoundout on the (floridabar.org); Florida website Bar however, personal no information is whatsoever contained on thiswebsite about Judge Santurri.
L7. On November 26,20L2,in a hearing, Judge Santurri Respondent admonished for
breathing loudlyand then, raising voice,scolded not to "talk back"to him. his her 18. Thomas Santurri alsoshownprejudice Judge R. has toward Respondent's
attorney. In a hearing when Ms. Meadorwas examining Petitioner aboutthe inconsistencies in a sworndocument versus sworntestimony his that day,Judge Santurri, his own volitionand on not by objectionof the Petitioner, instructedMs. Meadorto move on, that her questionhad already been"asked and answered" when,in fact,it had not. 19. As evidence his continuingfavor of Petitioner, of orderson two (2) outstanding
ExParte Motions to CompelPetitioner's Response Discovery (October23,2012 (71, to Requests days)and November t4,2OL2(a9 days)) remainunsigned. Then-counsel Respondent, for Ann E. Meador,Esq. reminded the Courton November proposed 26,20L2, thoseoutstanding of orders.As of this date,Respondent's previous two Motionsfor Judicial Disqualification have beenexpeditiously denied(the first in five (5) days, the second seven(7) days).Petitioner's in discovery responses still outstanding are and no order to compelhis responses been has signed. Moreover,given Petitioner's historyof and current illegaldrug use,a fact of which is known in the communitv, CourtdeniedRespondent's the motionfor drugtestingof Petitioner in seven(7) days.
MEMORANDUM LAW OF 20. FloridaStatute38.10provides that: makesand files [w]henevera party to any actionor proceeding an affidavitstatingfear that he or she will not receivea fair trial in the courtwherethe suit is pending account the prejudice on of judgeof that court against applicant in favorof the of the the or party,thejudgeshallproceed further,but another adverse no judgeshallbe designated.... (F.S.538.10 2OL2.l 21,. provides Florida Rules JudicialAdministration of that a motionfor 5 2.330(d)(1)
disqualification showthat the partyfearsthat he or shewill not receive fair trial or shall a he a r in g .... R.Jud.A dmin.52.330(d X 1 ). Fla. 22. Florida provides Rules Judicial of Administration 2.330(e) that the motionto 5
disqualify shallbe filed within ...ten daysof discovery the factsconstituting of the groundsfor the motion and shallbe promptlypresented the courtfor an immediate to ruling. Fla.R.Jud. Admin.52.330(e). 23. Florida Rules Judicial of Administration 2.330(f) states that: 5 the judgeagainst whom an initialmotionto disqualify is ... directed shalldetermine onlythe legalsufficiency the motion of ...and [i]f the motionis legally sufficient, judgeshall the immediately enter an ordergranting disqualification proceed and no further in the action. Fl a.R.Jud .Admin.S 2.330(f). 24. Legalsufficiency a motion to disqualify of basedon prejudice, defined by the as
Supreme Courtof Florida, whetherthe movanthasa reasonable is groundto fear that he or she wifl not receivea fair trial. Livingston Stote,441So.2d1083{Fla.1983). v. 25. The SupremeCourt,in Livingston, further statedthat
question raise when of is to but [p]rejudice a judge a delicate judgeagainst prompt whomraised, raised... the should be to recuse No himself. judgeunder circumstances any iswarranted in sitting the trialof a cause whose neutrality shadowed is in or questioned. even
/d. at 1085. 26. Fischerv. Knuckand Detrounoyv. City of CorolGoblesdo not apply in the instant
finaljudgment.497So.2d240 (F\a.1986) 65 So.3d and caseas this matter hasnot reached 1103 (3d DCAJune29,20t1), respectively. 27. Lastly, SupremeCourt in Livingston held that: the requirements the contents the affidavits of need the technical of not be strictlyappliedbut, rather,they will be deemedsufficient "[i]f takenas a whole,the suggestion supporting and affidavits are sufficientto warrantfear on the part of" a party that he will judge. not receive fair trial by the assigned a Livingstonv. Stote, 441. So.2d1083 at !087 , citing Dickenson Parks,194 So.459 v.
(1e32).
REBUTTAL PETITIONER'S TO RESPONSE 28. Petitioner asserts that the original Verified Motion filed on December 6,20t2,
did not containa certificateof counsel that samewas beingmade in good faith and that it was filed by someone not counsel recordin this matter. Christine Cook,LLC, of Sue filed a Noticeof Appearance December 2OL2, on 6, simultaneously the VerifiedMotion and,as such,is with counselofrecord. (SeeExhibit"A."l Further, Paragraph whichcontainsthe see 23 certificate of counsel that the original motionwas madein goodfaith. Said"goodfaith" certificate is included this AmendedMotion in Paragraph the lastand final paragraph. in as Petitioner relies on Parsons Motor Homesof Americo,\nc.,456So.2d1285(Fla.1" DCA1985);however,in v.
v. District So.2d , the Fourth 627 Courtof Appeal specifically addresses the Caleffe Vitale,488 "technical issue technical errors and,in citing Supreme the Courtin Livingston, states nonof factsto with will states sufficient compliance the statute not bara claimwhichotherwise judge." Caleffe fearthat he or shewill not receive fair trial by the assigned warranta party's a at 628,citingLivingston 7087. at
29. Petitioner that the VerifiedMotion filed on December alleges 6,20L2,is not
within ten (10) daysof discovery the facts. As statedin Paragraph of the VerifiedMotion, of 2 Respondent continued hopethat shewould receive fair trial up until November to a 26,2OL2, ThomasR.Santurri her when Judge chastised for takinga deepbreath. Therefore, November 26, 2072,is the date of discovery the prejudice. of 30. Petitioner beeninformedsinceSeptember 2AL2, has 5, that all future
with him will be, and are audio recorded. Respondent encounters was forced to do so after Petitioner chased aroundMinor Child's her doctor's waitingroom on August27, 2OI2,calling her a "drunk" and a "slut" and yelling"fuckyou" to her whileshewas holdingMinor Child. ln emaifs datedNovember t5,2012, at 2:33PM CTand 4:L8 PM CT,Respondent informed Petitionerthat he would be recordedand therefore,Petitioner's assertion that he was without knowledge much likethe restof histestimony, lie. SeeExhibit attached is, a "C" hereto. 31. Petitioner, suggesting the Courthasno obligation consider in that to the
"subjective" fear of the Respondent ignores the rulingof FloridaSupremeCourtcaseof Livingston Stote,441So.2d1083 (Fla.1983). The Livingston v. court held that the party seeking to disqualify judge needonly show"a well grounded a fear that he will not receive fair trial at a the handsof the judge...."" CitingStoteex rel. Brownv. Dewell,179So.595, at 697-698(1-938).
The Livingsfon Courtwent alsonoted that "it is a questionof what feelingresides the in affiant'smind and the basisfor suchfeeling,"hence thesubiectivefearof the litigant is directly at issue./d. (Emphasis added.)
coNctustoN
32. Petitioner an attorneyand practices Escambia SantaRosa is in and Counties, and
hasdone so for at least13 years. Moreover,Petitionerwas born and raisedin pace,Florida and professes know everyonein both counties. Priorto takingthe bench,JudgeThomasR. to Santurriwas a FloridaBar BoardCertifiedFamilyLaw practitionerin SantaRosaand Escambia Counties practiced and presumably alongsidePetitioner.Moreover, Judge Santurri has presidedover Petitioner's cases, includingPetitioner's forfeiture of the firearm that was seized duringhis 2005felonyarrestfor possession cocaine (2005CF1139, of SantaRosa County, Florida). 33. Respondent an attorneywho hasno disciplinary is history(Petitioner's Florida
Bar historyis repletewith reprimands and admonishments), no felony arrests, has does not use or abusedrugs* illegal otherwise and hasbeenan exemplary or motherto Minor Child. Nothingin the record,or otherwise,supportsJudgeSanturri's rulingsfavoringpetitioner, excepthis prejudice against Respondent. 34. Because the aforementioned of reasons, Respondent remainsfearful that she
will continue receive unfairtrial. to an Under penalties of periury | declarethat I have read the foregoing SecondAmended Verified Motion for JudicialDisqualification includingMemorandumof law and Rebuttalto Petitione/s Response thereto, and the facts allegedare true and to the best of my
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20ta ,,/ personally by meor who 2+2;by Christine Cameron, is v known S. who
Florida Driver's License C565-117-69-682-0identification. as
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NOTARY PUBLIC,T
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judgeof this matter;and and immediately recuse himself presiding as b. grantthe incorporated VerifiedMotion for Change Venueand direct of
the Clerkof the Courtto reassign this caseto Alachua DuvalCounty. or THISSECOND AMENDED VERIFIED MOTIONFOR JUDICIAL DISQUALIFICATION, INCTUDING MEMORANDUM IAW AND REBUTTAT PETITIONER'S OF TO RESPONSE THERETO IS BEING MADEIN GOODFAITH. I HEREBY CERTIFY a copyof Respondent's that Amended VerifiedMotion ForJudicial Disqualification, including Memorandum Law,Rebuttal Petitioner's of to response theretowas furnished Jackie Cameron, to R. Petitioner, emailat jrod@jrodcameron.com via and liz@jrodcmeron.com to Judge and Thomas Santurri, hand-delivery this 2nd R. by on day of Ja n u a r y 0 13. 2
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ESQ. CHRISTINECOOK, S. LLC CHRISTINE COOK, SUE FLA. No: 0528439 Bar Street- Suite 109 890 SouthPalafox Pensacola, 32502 FL
I2
IN THECIRCUIT COURT THEFIRsT OF JUDICIAL CIRCUIT IN ANDFOR FLORIDA ESCAMBIA COUNTY. RE:THEMARRIAGE OF: R. JACKIE CAMERON Petitioner./Husband.
NgTrcE aj?PFAFANCE oF
COMES NOWthe undersigned attorney and filesthis Notice Appearance for of Respondent Christine Cameron, S, I HEREBY CERTIFY a copyof the foregoing that wasfurnished Jackie to R. Cameron, Petitioner jrod@jrodcameron.com Ann E.Meador,Esq, at and at ann@meadorjohnsonlaw.com christie@meadorjohnsonlaw.com day of and this Gth December 201"2. CHRISTINE COOK, SUE LLC BARNO:528439 FLA 890 SouthPalafox S(reet Suite109 Penldcola, 32502 fL
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CASENO.:2012DR 001993 DIVISION: L
ORDERFORSUBSTITUTION COUNSEL OF STIPULATED that SUE COOK, The Wife andthe undersigned attorneys' stipulate CHRISTINE for ES Q U I R E ,n dC H R IS T INS U ECOOK, a E as of LLC, substituted counsel r ecor d a nd be for on behalfof the Wife,CHRISTINE CAMERON, and in placeof Ann E. Meador, S. Esquire, Meador Johnson, cause andthatAnn E. Meador, and & P.A.in the above-styled Esquire, Meador Johnson, & P.A.be relieved anyfurther to and of responsibility provide representation behalf the Wife,in thi3action. on of The parties having stipulated,is hereby, so it OR D E R E D N D A D JU DGED A that CHRISTINE SUE COOK, ESQUIRE, nd a CHRISTINE SUECOOK.LLC.are substituted counsel record the Wife in this as of for matter and Ann E. Meador, Esquire, Meador Johnson, P.A.are hereby and & relieved of all fufiherduties and/or responsibilities regard providing with io representation behalf on of the Wife.
oY-hrnA.6
2c5 H$uHHry-
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ChristineS. Cook
From: Sent: To: Subject:
Re:1 yearcheck up
I am glad you agreeand arefinally telling the truth. You will be recorded. On Nov 15,2012,at 3:23PM, Jrodcam @> Yeah,that'swhat happened. you tomorrow See Sentfrom my iPhone On Nov 15,2012,at2:33PM, "Christine Cook" <csucoook,.agmail.com> S. wrote: you meanwhenyou followedme around callingme a "slut"anda "drunk"and yelling "fuck you" while I washoldingour son? Yeah,I don't want to repeat that. So, if you come,this is your noticethat I'll be audiorecordingthe event. Hopefully,that will remindyou to act like a gentleman.Otherwise, you can ask Dr. Barberfor the records. <jLodcamr?tqmail. wrote: On Thu,Nov 15.2012at 2:15PM, Jrodcam Thankyou. I would like to attendthis appointment, am hesitant given our last but interactionat Dr. Barber's office. I would like to sit outsidcuntil you arecalledbackandthen I will comein. If you just sayso and I will just get the recordpost would preferI not attend,please appointment. JRC wrote:
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1 THE COURT: A (By Mr. more ,Johnson) to You facilitate your between wife you Be admitted testified comrnunication and and the the chiJ-d child; as 4. that or than is your that you are
2 3
also
1ikely
contact
between been
5 6 7 8 9 10 L1 L2 13 L4 15 16 t7 18 19 20 2t 22 23 24 25
A A a A a
wife
has
correct? That's Irm 2012. address? Yes. And that all for in then in this going email, to be you trave told your to your and Do about our son wife limit wife when correct. to show you an emaiJthe dated and August your 4, email
going
Do you
recognize
you're
asking
the
December
telephone in three
That's that
during
the and,
the
Judge
a punitive
communications as if
my wife
then
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46
child
sleeps
at that
night. I just
But
if
you about,
had
the
2 3
4 5 6 7 8 9 10 11 1,2 13 L4 15 L6 L7 18 19 20 2t 22 23 24 25
spoke
parent the
could until
spend
a good time,
chiJ.d
work four
towards or five
the could
about
you
having So,
time. Court
right of
way
the my wife
age is
my son
currently six or
hundred scheme
a visitation would be
distance
reconrmended the
my son's
visitation
between
that
makes almost if
is
for
you You to
to know,
have
before,
and
spend
a whole of
then
you then
worry from
chi1-d's
sense the
mother sense
child if
realJ-y the
you, happened
were
That's referring
other in this
was
where
the
father
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L you made to and facilitate the efforts child the since I contact that made? between time? Mr.
2 3 4 5 6 7 I 9 10 1_ 1 L2 13 t4 15 15 L7 18 19 20 2L 22 23 24 25
A A
Cameron What Yes. Since Since WelI, come but and that from I
other
have
a
A
time? divorce f was he fi].ed? has been not is he for eight could lf he with I've invited down to
a
A
mean
my family's because
mean
he's he my
remains I've to
How many exercise Five. Over Five Sure. He canceled of June. the
vi-si-tations
with
a
A
course
of
the you
end J-ike
of
May
to teLl
the
present?
times.
?Iould
me to
you?
a
A
the
visitation
on
the
first from
6-18. Florida
ride
down
defend
himse]-f
the
domestic
70
violence after
And only
he
very and
3 4 5 6 7 8 9 10 11 T2 13 l4 15 16 17 18 19 20 2L 22 23 24 25
A
Margaritas so he
a ha1f,
saw our
He was July
6 through
my brother
me during specifically
not
coming to see
not
want
a
A
your
husband? advised he me that did not he want for so he did to not see want me.
Cameron
come had
down
because made to
actualJ-y
and to
Excuse time,
me,
w are
getting of the
conclusion
Yes,
Do you area
have
currently?
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75
1 2 3 4
A
that
they on
healed. side
WeJ-l, and I
other
have
a1leged that
at
our
wedding/
were
drinking
day?
6 7 I 9 10 11 L2 13 t4 15 t6 t7 18 19 20 2L 22 23 24 25
A I A
No. You Yes. didn't I had the the drink at our wedding but our the the at all?
altercation
day? any more than you with I arrived for were. our son, that of
was
son in
you true.
left
May?
at I
any
time do
on
the
evenings but
that bathe
would for
him
the
but take
it
duties is
happen the
you
would and
home
computer,
within
15 minutes
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76
1 2 3 4 5 6
7 8 9 10 11 A a
to
look
at the
the
baby to
or, me.
you
know,
that
bringing
baby to
So I
general1y were
15 minutes
myserf
before
you
ideas. true had any that whenever to I r run would wouId such keep arrive as publix and home, or you
Snith
would f would
that
on
when
your
t2 13 t4
l_ 5 16 L7 L8 19 20 2L 22 23 24 25
A a a A
when our
wouldn't
keep
son
Um-hum. Okay. it true At night, after Smith that we all would would his went bake get to up, up bed, f was give isn,t
whenever the
normally him
person and
and
changre every _
the in
denying I took
of
the
time
after
did
consent
anchorreporters.
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93
1 2 3 4 5 6 7 8 9 10 L1 t2 13 t4 15 t6 L7 18 19 20 2t 22 23 24 25
There
hasn't
been
real
as I
to did
Cameron during
the the
child child an
Cameron and
danger
receiving
standard
cate.
Thatrs
even
if
this
Spencer testify as
everyone time
argues be that
back spent.
should d.ays
f j-ve either of
month to to be
excessive so much he
forget
need the
time. days
What and
sug'g'ested, days, it
two very
days,
seems
everybody at this
for
mine
months, a J-ot
Spencer's needed
testimony, both
contact So that's
between
parties.
an ch_o_r-repo: te r s . com