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Filing # 39213490 E-Filed 03/18/2016 03:51:38 PM

RECEIVED, 03/18/2016 03:56:05 PM, Clerk, Second District Court of Appeal

IN THE FLORIDA SECOND DISTRICT COURT OF APPEAL
_____________________
Fla. 2d DCA Case No. 2D15-5044
L.T. Case No. 12012447-CI-011
__________________________________________________________________
TIMES PUBLISHING COMPANY, FIRST LOOK MEDIA, INC., WFTS-TV
AND WPTV-TV, SCRIPPS MEDIA, INC., WFTX-TV, JOURNAL
BROADCAST GROUP, and THE ASSOCIATED PRESS,
Petitioners,
v.
TERRY GENE BOLLEA professionally known as HULK HOGAN, GAWKER
MEDIA, LLC aka GAWKER MEDIA; NICK DENTON and A.J. DAULERIO,
Respondents.
__________________________________________________________________
RESPONDENT’S APPENDIX FILED IN RESPONSE TO COURT’S
MARCH 17, 2016 ORDER
______________________________________________________________
Kenneth G. Turkel, Esquire, Bajo Cuva Cohen & Turkel, P.A.
100 North Tampa Street, Suite 1900, Tampa, Florida 33602
David M. Caldevilla, Esquire, de la Parte & Gilbert, P.A.
P.O. Box 2350, Tampa, Florida 33601-2350
Charles J. Harder, Esquire, Harder Mirell & Abrams, LLP
132 S. Rodeo Drive, Suite 301, Beverly Hills, California 90212
COUNSEL FOR RESPONDENT

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TABLE OF CONTENTS
VOLUME I
TAB 1:

Order of the District Court of Appeal (issued December 3 2015)

TAB 2:

The Gawker Defendants’ Motion in Limine on Evidence
Relating to Plaintiff’s Admission that He Believed the Sex
Tape(s) Showed Him Making Statements that Have Been
Marked as Confidential, and Exhibits 1, 2, 3, 4, 9, 10, 11, 12,
17, 18, 19, 21 and 23 thereto (filed June 12, 2015)

TAB 3:

Plaintiff’s Confidential Motion in Limine No. 6 to Exclude
Evidence or Argument Related to Additional Videos of Terry
Bollea (filed June 12, 2015)

TAB 4:

Plaintiff’s Confidential Opposition to Gawker Defendants’
Motion to Permit Presentation of Offensive Language at Trial
(filed June 26, 2015)

TAB 5:

The Gawker Defendants’ Opposition to Plaintiff’s Motion in
Limine No.6 to Exclude Evidence Relating to Additional
Videos, and Exhibits 1, 2, 3, 5 and 6 thereto (filed June 26,
2015)

TAB 6:

Plaintiff’s Confidential Motion for Protective Order re: Certain
Content in Documents Produced in Discovery (filed May 27,
2014)

TAB 7:

Affidavit of Charles J. Harder, and Exhibits 1 and 2 thereto
(filed May 27, 2014)

TAB 8:

Defendant’s Confidential Statement of Violations of Court
Orders and Misrepresentations by Plaintiff and Plaintiff’s
Counsel, and Exhibits 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 17 and 32
thereto (filed June 6, 2014)

TAB 9:

The Gawker Defendants’ Opposition to Plaintiff’s Confidential
Motion for Protective Order re: Certain Content in Documents

Produced in Discovery, and Exhibits 1 and 2 thereto (filed June
9, 2014)
TAB 10:

Plaintiff’s Confidential Reply in Support of Motion for
Protective Order re: Certain Content in Documents Produced in
Discovery (filed June 16, 2014)

TAB 11:

Plaintiff’s Confidential Supplemental Opposition to
Defendants’ Motion for Sanctions and Response to Evidence
Raised By Gawker for the First Time on Reply, including the
Affidavits of Charles Harder and David Houston and Exhibits
A, D, E, F, G, H, I and J thereto (filed June 18, 2014)

TAB 12:

Exhibits 2 and 3 to the Gawker Defendants’ Opposition to
Plaintiff’s Motion for Setting of Trial Date and for Severance of
Claims against Kinja, KFT (filed October 16, 2014)

TAB 13:

Exhibit A to the Gawker Defendants’ Exceptions to Report and
Recommendation Denying Motions for Sanctions (filed
October 30, 2014)

TAB 14:

Confidential Supplemental Statement of Undisputed Material
Facts in Support of the Gawker Defendants’ Motion for
Summary Judgment including the Confidential Supplemental
Affidavit of Rachel E. Fugate in Support of the Gawker
Defendants’ Motion for Summary Judgment, and Exhibits 108,
109, 111, 112 and 116 thereto (filed April 20, 2015)

TAB 15:

Plaintiff’s Opposition to the Gawker Defendants’ Motion for
Summary Judgment, including the Confidential Statement of
Disputed and Undisputed Facts in Opposition to the Gawker
Defendants’ Motion for Summary Judgment, Confidential
Supplemental Affidavit of Kenneth G. Turkel and Exhibits 41,
42, 43, 45 and 53 thereto (filed May 11, 2015)

VOLUME II
TAB 16:

Plaintiff’s Opposition to Heather Cole’s (sued as Heather Clem)
Motion for Summary Judgment, including the Confidential
Supplemental Affidavit of Charles J. Harder and Exhibits 3, 4
and 5 thereto (filed May 11, 2015)

TAB 17:

Exhibits A, B, and G to the Gawker Defendants’ Motion for
Continuance (filed June 29, 2015)

TAB 18:

Confidential Declaration of Gregg D. Thomas, Esq., and
Exhibits 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49,
50, 51, 52, 53, 54, 55, 56, 57, 59, 60, 61, 62, 63, 64, 65, 66, 67,
69, 70, 71, 75 and 76 thereto (filed July 30, 2015)

TAB 19:

Exhibits 3, 4, 11, 12, 16, 18, 19, 20, 21, 22, 30, 39, 40, 41 and
42 filed in Support of the Joint Opposition to Plaintiff’s
Emergency Motion to Conduct Discovery Concerning Potential
Violation of Protective Order, to Compel Turnover of
Confidential Discovery Materials and for Order to Show Cause
(filed August 11, 2015)

TAB 20:

The Gawker Defendants’ Confidential Supplemental
Opposition to Plaintiff’s Emergency Motion to Conduct
Discovery Concerning Potential Violations of Protective Order,
to Compel Turnover of Confidential Discovery Materials and
For Order to Show Cause, and Exhibits 1, 2, 4, 7, 8 and 9
thereto (filed August 25, 2015)

TAB 21:

Transcript of the portion of the hearing held before the trial
court on April 23, 2014, which was contained in Confidential
Exhibit 2-C of the Gawker defendants’ motion to determine the
confidentiality of transcripts of closed court proceedings

TAB 22:

Transcript of the hearing held before the Special Discovery
Magistrate on July 18, 2014, which was contained in
Confidential Exhibit 3-C of the Gawker defendants’ motion to

determine the confidentiality of transcripts of closed court
proceedings
TAB 23:

Exhibits 3-C, 5-C, and 8-C to the Motion for an Order
Declaring that Plaintiff Has Improperly Designated Certain
Discovery Materials as “Attorneys’ Eyes Only” (filed August
20, 2015)

CONFIDENTIAL – FILED UNDER SEAL

SEALED APPENDIX TAB 19
(referred to as “Confidential Filing 15”
during the October 1, 2015 Hearing)
DOCUMENT:

Exhibits 3, 4, 11, 12, 16, 18, 19, 20, 21, 22, 30, 39,
40, 41 and 42 filed in Support of the Joint
Opposition to Plaintiff’s Emergency Motion to
Conduct Discovery Concerning Potential Violation
of Protective Order, to Compel Turnover of
Confidential Discovery Materials and for Order to
Show Cause, filed on August 11, 2015

ORDER:

NOVEMBER 18, 2015 AMENDED ORDER*

PARAGRAPH: 10.D(14)

*These documents also were sealed under Paragraph 8.D(14) of the October
27, 2015 Order.

Filing # 30749352 E-Filed 08/11/2015 05:19:43 PM

CONFIDENTIAL
EXHIBIT 18-C
to the
JOINT OPPOSITION OF THE GAWKER DEFENDANTS AND THEIR
COUNSEL TO PLAINTIFF’S EMERGENCY MOTION TO CONDUCT
DISCOVERY CONCERNING POTENTIAL VIOLATION OF
PROTECTIVE ORDER, TO COMPEL TURNOVER OF CONFIDENTIAL
DISCOVERY MATERIALS AND FOR ORDER TO SHOW CAUSE
This exhibit is an audio/visual file that cannot be electronically filed. It can be
found on the disc labeled Confidential Audio/Visual Exhibit to the Joint
Opposition to Plaintiff’s Emergency Motion, a copy of which is being provided
to the Court and all counsel of record.