settlement of florida civil rights lawsuit composite

8/9/2019 Settlement of Florida Civil Rights Lawsuit Composite

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Case 5:10-cv-00503-WTH-DAB Document 32 Filed 06/21/11 Page 1 of 4 PageID 600


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CLOSED

U.S. District Court

Middle District of Florida (Ocala)

CIVIL DOCKET FOR CASE #: 5:10-cv-00503-WTH-TBS

Gillespie v. Thirteenth Judicial Circuit, Florida et alAssigned to: Senior Judge Wm. Terrell HodgesReferred to: Magistrate Judge Thomas B. Smith

Case in other court: 11th Circuit, 12-11213-C

Cause: 42:1983 Civil Rights Act

Date Filed: 09/28/2010Date Terminated: 02/28/2012Jury Demand: Plaintiff Nature of Suit: 446 Civil Rights: Americanswith Disabilities - Other Jurisdiction: Federal Question

Plaintiff

Neil J. Gillespie represented by Neil J. Gillespie8092 SW 115th LoopOcala, FL 34481

352/854-7807PRO SE

V.

Defendant

Thirteenth Judicial Circuit, Florida

Defendant

Gonzalo B. Casares

ADA Coordinator, and individually

Defendant

David A. RowlandCourt Counsel, and individually

Defendant

Judge Claudia Rickert IsomCircuit Court Judge, and individually

Defendant

Judge James M. Barton, IICircuit Court Judge, and individually

Defendant

Judge Martha J. CookCircuit Court Judge, and individually

Defendant

Note: This docket does not

reflect Petition No. 12-7747

to the US Supreme Court


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Barker, Rodems & Cook, P.A.TERMINATED: 11/23/2010

represented by Ryan Christopher RodemsBarker, Rodems & Cook, PASuite 790

501 E Kennedy Blvd Tampa, FL 33602813/489-1001Fax: 813/489-1008Email: [email protected] LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Defendant

Ryan Christopher RodemsTERMINATED: 11/23/2010

represented by Ryan Christopher Rodems(See above for address) LEAD ATTORNEY


Defendant

The Law Office of Robert W. Bauer, P.A. represented by Catherine Barbara ChapmanGuilday, Tucker, Schwartz & Simpson, PA1983 Centre Pointe Boulevard, Suite 200

Tallahassee, FL 32308850/224-7091Fax: 850/222-2593Email: [email protected] LEAD ATTORNEY


Defendant

Robert W. Bauer represented by Catherine Barbara Chapman(See above for address) LEAD ATTORNEY


Defendant

Chris A. Barker

Date Filed # Docket Text

09/28/2010 1 COMPLAINT against Barker, Rodems & Cook, P.A., James M. Barton, II, Robert W.Bauer, Gonzalo B. Casares, Martha J. Cook, Claudia Rickert Isom, Ryan Christopher Rodems, David A. Rowland, The Law Office of Robert W. Bauer, P.A., ThirteenthJudicial Circuit, Florida with Jury Demand (Filing fee $ 350 receipt number C-8835)filed by Neil J. Gillespie.(MJT) (Entered: 09/29/2010)

09/28/2010 2 Exhibits 1 through 15 and ADA Assessment & Report re 1 Complaint by Neil J.

Gillespie (filed separately). (MJT) (Entered: 09/29/2010)

09/29/2010 3 MOTION to dismiss Complaint by Barker, Rodems & Cook, P.A., Ryan Christopher

Rodems. (Rodems, Ryan) (Entered: 09/29/2010)


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09/30/2010 4 NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on9/30/2010. (Attachments: # 1 consent forms)(MAM) (Entered: 09/30/2010)

10/01/2010 5 Emergency MOTION for protective order and Order of Removal by Neil J. Gillespie.(MJT) Motions referred to Magistrate Judge David A. Baker. (Additional attachment(s)added on 10/1/2010: # 1 Exhibit Exhibits A through J) (MJT). (Entered: 10/01/2010)

10/01/2010 6 MOTION for miscellaneous relief, specifically to f ile electronically by Neil J. Gillespie.

(MJT) (Entered: 10/01/2010)10/04/2010 7 MOTION to amend/correct 1 Complaint by Neil J. Gillespie. (LMF) (Entered:

10/04/2010)

10/04/2010 8 MOTION to disqualify counsel Ryan Christopher Rodems and Baker, Rodems & Cook,PA by Neil J. Gillespie. (LMF) (Entered: 10/04/2010)

10/05/2010 9 NOTICE of change of address titled "Motion to correct mailing address" by Neil J.

Gillespie. (LMF) (Entered: 10/05/2010)

10/06/2010 10 MEMORANDUM (response) in opposition re 5 Motion for protective order filed by

Barker, Rodems & Cook, P.A., Ryan Christopher Rodems. (Attachments: # 1 Exhibit

State Court Action Complaint, # 2 Exhibit Order Granting Judgment on Pleadings,11/28/2007, # 3 Exhibit Order Granting Judgment on Pleadings, 7/7/2008, # 4 ExhibitFinal Summary Judgment, 9/28/2010, # 5 Exhibit Order Granting Motion to Compel,7/24/2006, # 6 Exhibit Order Granting Fla. Stat. s. 57.105 sanctions, 7/20/2007, # 7Exhibit Final Judgment, 3/27/2008, # 8 Exhibit Order, Second DCA, affirming Final

Judgment, # 9 Exhibit Order Adjudging Gillespie in Contempt, 7/7/2008, # 10 ExhibitOrder Adjudging Gillespie in Contempt, 9/30/2010)(Rodems, Ryan) (Entered:10/06/2010)

10/06/2010 11 MEMORANDUM (response) in opposition re 7 Motion to amend/correct filed byBarker, Rodems & Cook, P.A., Ryan Christopher Rodems. (Rodems, Ryan) (Entered:

10/06/2010)

10/07/2010 12 MEMORANDUM (response) in opposition re 8 Motion to disqualify filed by Barker,Rodems & Cook, P.A., Ryan Christopher Rodems. (Attachments: # 1 Exhibit Order Denying Plaintiffs Emergency Motion to Disqualify Defendants Counsel RyanChristopher Rodems & Barker, Rodems & Cook, P.A.)(Rodems, Ryan) (Entered:10/07/2010)

10/08/2010 13 ORDER granting 7 motion to amend complaint. Plaintiff shall file the amended complaint within 7 days of this order. Signed by Magistrate Judge David A. Baker on

10/8/2010. (LMF) (Entered: 10/08/2010)

10/12/2010 14 MOTION for extension of time to file amended complaint by Neil J. Gillespie. (LMF)(Entered: 10/12/2010)

10/13/2010 15 NOTICE of correct phone number titled "Motion to correct phone number" by Neil J.Gillespie. (MJT) (Entered: 10/13/2010)

10/14/2010 16 ORDER granting 14 Motion for extension of time to file amended complaint. Amended complaint shall be filed on or before 10/25/10. Signed by Magistrate Judge David A.Baker on 10/14/2010. (LMF) (Entered: 10/14/2010)

10/14/2010 17 ORDER denying 6 Motion to file electronically. Signed by Magistrate Judge David A.Baker on 10/14/2010. (LMF) (Entered: 10/14/2010)


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10/22/2010 18 ORDER denying 5 Emergency Motion for protection and Order of Removal. Signed byMagistrate Judge David A. Baker on 10/21/10. (LMF) (Entered: 10/22/2010)

10/22/2010 19 Second MOTION for extension of time to file amended complaint by Neil J. Gillespie.(LMF) (Entered: 10/22/2010)

10/25/2010 20 ORDER denying 8 Motion to disqualify counsel, Ryan Christopher Rodems and Barker,Rodems & Cook, P.A. Signed by Magistrate Judge David A. Baker on 10/22/10. (LMF)

(Entered: 10/25/2010)10/26/2010 21 ORDER granting 19 Motion for extension of time to file an amended complaint on or

before 10/29/10. Signed by Magistrate Judge David A. Baker on 10/25/10. (LMF)

(Entered: 10/26/2010)

10/29/2010 22 NOTICE of voluntary dismissal as to Defendant's Rodems & BRC in lieu of amended

complaint by Neil J. Gillespie. (LMF) (Entered: 11/01/2010)

10/29/2010 23 NOTICE of filing affidavits of Extraordinary Circumstances by Neil J. Gillespie. (LMF)(Entered: 11/01/2010)

11/01/2010 24 SUPPLEMENTAL filing in support of 22 Notice of voluntary dismissal as to

Defendant's Rodems & BRC in lieu of complaint by Neil J. Gillespie. (Attachments: # 1Exhibits to Supplement)(LMF) (Entered: 11/01/2010)

11/23/2010 25 ORDER dismissing all claims against Defendants Ryan Christopher Rodems and Barker,Rodems & Cook, P.A. re 22 Notice of voluntary dismissal filed by Neil J. Gillespie.Signed by Senior Judge Wm. Terrell Hodges on 11/22/2010. (LRH) (Entered:

11/23/2010)

11/23/2010 26 JUDGMENT entered. Civil appeals checklist attached. (Signed by Deputy Clerk)(LMF) (Entered: 11/23/2010)

04/08/2011 27 MOTION to dismiss Complaint or alternatively, Motion to Strike and Motion for More

Definite Statement by Robert W. Bauer, The Law Office of Robert W. Bauer, P.A..(Chapman, Catherine) (Entered: 04/08/2011)

04/18/2011 28 NOTICE of Unavailability by Neil J. Gillespie. (LMF) (Entered: 04/19/2011)

04/18/2011 29 MOTION for extension of time to file response/reply titled "Motion to stay, or toenlarge time to respond" as to 27 MOTION to dismiss Complaint or alternatively, Motion to Strike and Motion for More Definite Statement by Neil J. Gillespie. (LMF)

Motions referred to Magistrate Judge David A. Baker. (Entered: 04/19/2011)

05/09/2011 30 ORDER granting in part 29 Motion for extension of time to file response/reply to 27

MOTION to dismiss Complaint or alternatively, Motion to Strike and Motion for More

Definite Statement . Response due by 5/27/2011. Signed by Magistrate Judge David A.Baker on 5/9/2011. (MJT) (Entered: 05/09/2011)

06/01/2011 31 RESPONSE/Reply re 30 Order on motion for extension of time to file response/replyfiled by Neil J. Gillespie. (LMF) (Entered: 06/01/2011)

06/21/2011 32 MOTION to dismiss Action pursuant to Fed.R.Civ.P. 41(a)(2) by William J Cook, ChrisA. Barker, Ryan Christopher Rodems. (Rodems, Ryan) (Entered: 06/21/2011)

06/30/2011 33 MOTION to strike or set aside Mr. Rodem's Notice of Assignment of Claims and 32MOTION to dismiss Action pursuant to Fed.R.Civ.P. 41(a)(2) and to strike or set aside


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settlement agreement and general mutual release by Neil J. Gillespie. (Attachments: # 1Appendix and Exhibits)(LMF) Motions referred to Magistrate Judge David A. Baker.(Entered: 06/30/2011)

06/30/2011 34 NOTICE regarding Attorney Eugene P. Castagliuolo, Florida Bar ID # 104360 by ChrisA. Barker (LMF) (Entered: 06/30/2011)

07/07/2011 35 NOTICE of f iling "Letter of Neil J. Gillespie to Judge James D. Arnold, May 27, 2011"

by Neil J. Gillespie. (MJT) (Entered: 07/08/2011)07/07/2011 36 NOTICE of filing "Verified Notice of Filing Disability Information of Neil J.

Gillespie" by Neil J. Gillespie. (Attachments: # 1 Exhibit A - Part 1, # 2 Exhibit A - Part2)(MJT) (Entered: 07/08/2011)

07/07/2011 37 NOTICE of filing "Plaintiff 's Motion for Appointment of Counsel, ADA Accomodation Request and Memorandom of Law, May 24, 2011" by Neil J. Gillespie (Attachments: #

1 Exhibit A - Part 1, # 2 Exhibit A - Part 2, # 3 Exhibit A - Part 3, # 4 Exhibit A - Part4)(MJT) (Entered: 07/08/2011)

07/12/2011 38 NOTICE of filing Pat Frank, Clerk of Circuit Court did not comply with Order of JudgeMartha Cook by Neil J. Gillespie. (LMF) (Entered: 07/13/2011)

07/14/2011 39 SUPPLEMENT (addendum) re 33 MOTION to strike or set aside Mr. Rodem's Noticeof Assignment of Claims and 32 MOTION to dismiss Action pursuant to Fed.R.Civ.P.41(a)(2) and to strike or set aside settlement agreement and general mutual release by

Neil J. Gillespie. (LMF) (Entered: 07/14/2011)

07/14/2011 40 RESPONSE in opposition re 33 MOTION to strike 32 MOTION to dismiss Action pursuant to Fed.R.Civ.P. 41(a)(2) MOTION to strike 32 MOTION to dismiss Action pursuant to Fed.R.Civ.P. 41(a)(2) filed by Chris A. Barker, Ryan Christopher Rodems.

(Attachments: # 1 Exhibit Settlement Conference [6-21-2011])(Rodems, Ryan)(Entered: 07/14/2011)

07/15/2011 41 NOTICE of filing transcripts re 33 MOTION to strike 32 MOTION to dismiss Action pursuant to Fed.R.Civ.P. 41(a)(2) by Neil J. Gillespie. (Three transcripts filed separately.) (MJT) (Entered: 07/18/2011)

07/21/2011 42 MOTION for leave to file a reply to response to Motion to Strike or set aside Notice of Assignment of Claims and Motion to Dismiss, titled "Motion for leave to submit rebuttalto response to Motion to strike" by Neil J. Gillespie. (LMF) Modified on 7/21/2011(LMF). (Entered: 07/21/2011)

07/29/2011 43 Case reassigned to Magistrate Judge Thomas B. Smith. New case number: 5:10-cv-

503-Oc-10TBS. Magistrate Judge David A. Baker no longer assigned to the case. (LMF)

Motions referred to Magistrate Judge Thomas B. Smith. (Entered: 07/29/2011)08/30/2011 44 NOTICE of Filing Rule 22 applications to United States Justice Clarence Thomas re 33

MOTION to strike 32 MOTION to dismiss Action pursuant to Fed.R.Civ.P. 41(a)(2) by Neil J. Gillespie. (Exhibits to Notice filed separately)(LMF) (Entered: 08/31/2011)

08/31/2011 45 SUPPLEMENT re 38 Notice of filing Pat Frank, Clerk of Court did not comply withOrder of Judge Martha Cook by Neil J. Gillespie. (LMF) (Entered: 09/01/2011)

08/31/2011 46 NOTICE of pendency of related cases per Local Rule 1.04(d) by Neil J. Gillespie.

(LMF) (Entered: 09/01/2011)


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09/09/2011 47 NOTICE of Filing Transcript of proceeding held on 6/21/11 re 33 MOTION to strike or set aside Mr. Rodem's Notice of Assignment of Claims and 32 MOTION to dismissAction with prejudice pursuant to Fed.R.Civ.P. 41(a)(2) by Neil J. Gillespie. (Filed separately) (LMF) (Entered: 09/12/2011)

09/30/2011 48 SUPPLEMENT (Second) re 38 Notice of filing Pat Frank, Clerk of Circuit Court did not comply with Order of Judge Martha Cook by Neil J. Gillespie. (MJT) (Entered:

09/30/2011)

09/30/2011 49 NOTICE of filing transcript in support of 33 MOTION to strike 32 MOTION to

dismiss Action pursuant to Fed.R.Civ.P. 41(a)(2) by Neil J. Gillespie. (Attachments: # 1Exhibit 1 - Transcript, # 2 Exhibit 2, # 3 Exhibit 3)(MJT) (Entered: 09/30/2011)

10/05/2011 50 ORDER denying 42 Motion for leave to file a rebuttal paper. Signed by MagistrateJudge Thomas B. Smith on 10/5/2011. (Smith, Thomas) (Entered: 10/05/2011)

10/06/2011 51 ORDER denying 33 Motion to strike. Signed by Magistrate Judge Thomas B. Smith on10/6/2011. (Smith, Thomas) Corrected PDF attached.(LMF). Modified on 10/6/2011(LMF). (Entered: 10/06/2011)

10/12/2011 52 NOTICE of filing email with the Honorable Thomas B. Smith by Neil J. Gillespie.(LMF) (Entered: 10/12/2011)

10/19/2011 53 ORDER TO SHOW CAUSE for failure to file case management report as to Neil J.Gillespie. Signed by Senior Judge Wm. Terrell Hodges on 10/19/2011. Copy mailed to plaintiff. (MAM) (Entered: 10/19/2011)

10/20/2011 54 MOTION for extension of time to file a Notice of Objection by Neil J. Gillespie. (LMF)(Entered: 10/20/2011)

11/02/2011 55 MOTION for extension of time to file written response to Order to Show Cause by NeilJ. Gillespie. (LMF) (Entered: 11/02/2011)

11/03/2011 56 ORDER granting 55 Motion for extension of time to file. Signed by Magistrate JudgeThomas B. Smith on 11/3/2011. (Smith, Thomas) (Entered: 11/03/2011)

11/07/2011 57 ORDER granting 54 Motion for extension of time to file response to Order to ShowCause and denying motion to disqualify the Magistrate Judge. Signed by MagistrateJudge Thomas B. Smith on 11/7/2011. (Smith, Thomas) (Entered: 11/07/2011)

11/14/2011 58 RESPONSE TO ORDER TO SHOW CAUSE re 53 Order to show cause by Neil J.

Gillespie. (Attachments: # 1 Appendix - Part I, # 2 Appendix - Part II)(LMF) (Entered:11/15/2011)

11/18/2011 59 RESPONSE re 57 Order on motion for extension of time to file by Neil J. Gillespie.

(LMF) (Entered: 11/18/2011)

11/23/2011 60 Unopposed MOTION for leave to submit addendum re 58 RESPONSE TO ORDER TOSHOW CAUSE by Neil J. Gillespie. (MJT) (Entered: 11/23/2011)

01/10/2012 61 AFFIDAVIT in opposition to 32 MOTION to dismiss Action pursuant to Fed.R.Civ.P.41(a)(2) and in support of 60 Unopposed MOTION for leave to submit addendum by Neil J. Gillespie. (MJT) (Entered: 01/11/2012)

01/10/2012 62 NOTICE of filing copy of Petition for Writ of Mandamus Supreme Court of Florida,Case No. SC11-1622 in opposition to 32 MOTION to dismiss Action pursuant to


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Fed.R.Civ.P. 41(a)(2) and in support of 60 Unopposed MOTION for leave to submit addendum by Neil J. Gillespie. (Attachments: # 1 Petition for Writ of Mandamus, (2)CD with Appendixes received and filed separately.)(MJT) (Entered: 01/11/2012)

01/12/2012 63 Notice of OBJECTION re Notice of Assignment of claims and 32 MOTION to dismissAction pursuant to Fed.R.Civ.P. 41(a)(2) by Neil J. Gillespie by Neil J. Gillespie. (LMF)

(Entered: 01/12/2012)

02/27/2012 64 ORDER upon due consideration, it is hereby ORDERED that the Plaintiffs Complaint 1is DISMISSED. The Clerk is directed to enter judgment accordingly, terminate all pending motions, and close the file. See Order for further details. Signed by Senior Judge Wm. Terrell Hodges on 2/27/2012. (LRH) (Entered: 02/27/2012)

02/28/2012 65 JUDGMENT entered. Civil appeals checklist attached. (Signed by Deputy Clerk)(LMF) (Entered: 02/28/2012)

03/02/2012 66 NOTICE OF APPEAL as to 64 Order, 65 Judgment by Neil J. Gillespie. Filing fee not paid. (MJT) (Entered: 03/05/2012)

03/05/2012 TRANSMITTAL of initial appeal package to USCA consisting of certified copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicableto USCA re 66 Notice of appeal. (MJT) (Entered: 03/05/2012)

03/09/2012 67 MOTION for leave to appeal in forma pauperis/affidavit of indigency by Neil J.Gillespie. (LMF) (Entered: 03/12/2012)

03/13/2012 ACKNOWLEDGMENT by USCA of receiving Notice of Appeal on 3/7/12 re 66 Notice of appeal. USCA number: 12-11213-C. (LMF) (Entered: 03/13/2012)

03/27/2012 68 MOTION to alter/amend judgment by Neil J. Gillespie. (LMF) (Entered: 03/28/2012)

03/29/2012 69 ORDER denying 67 Motion for leave to appeal in forma pauperis/affidavit of indigency; denying 68 Motion to alter or amend judgment. Signed by Senior Judge Wm.

Terrell Hodges on 3/29/2012. (LRH) (Entered: 03/29/2012)

03/30/2012 TRANSMITTAL to USCA forwarding 69 ORDER denying 67 Motion for leave toappeal in forma pauperis/affidavit of indigency re 66 Notice of appeal. USCA number:

12-11213-C. (MJT) (Entered: 03/30/2012)

07/30/2012 70 MOTION for miscellaneous relief, specifically to apply funds toward filing fees by Neil

J. Gillespie. (LAB) (Entered: 07/31/2012)

08/01/2012 71 ORDER denying 70 Plaintiff's pro se "Motion to Apply Funds Toward Filing Fees."Signed by Senior Judge Wm. Terrell Hodges on 8/1/2012. (LRH) (Entered: 08/01/2012)

08/02/2012 TRANSMITTAL to USCA forwarding 70 Motion to Apply Funds Toward Filing Fees

and 71 ORDER re 66 Notice of appeal. USCA number: 12-11213-C. (MJT) (Entered:08/02/2012)

08/07/2012 72 USCA DISMISSAL ORDER as to 66 Notice of appeal filed by Neil J. Gillespie,

dismissing appeal for want of prosecution because the appeallant has failed to pay thefiling fee within the time fixed by the rules. EOD: 08/07/12; USCA number:12-11213-C. (MJT) (Entered: 08/07/2012)

PACER Service Center


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UNITED STATES DISTRICT COURTMIDDLE DISTRICT OF FLORIDA

OCALA DIVISION

NEIL J. GILLESPIE,

Plaintiff,

v. Case No. 5:10-cv-503-Oc-10DAB

THIRTEENTH JUDICIAL CIRCUIT, FLORIDA,et al.,

Defendants. ______________________________________

ORDER

Pending before the Court is pro se Plaintiff, Neil J. Gillespie’s Motion to Strike or

Set Aside Mr. Rodems’ Notice of Assignment of Claims and Motion for Dismissal of

Action with Prejudice and Motion to Strike or Set Aside Settlement Agreement and

General Mutual Release (Doc. 33).

When Mr. Gillespie instituted this lawsuit he included as defendants the law firm

of Barker, Rodems & Cook, P.A. (the “Firm”) and attorney Ryan Christopher Rodems

(Doc. 1). Mr. Gillespie sought and was granted leave to amend his complaint (Doc. 13)

but he chose instead to voluntarily dismiss his claims against the Firm and Mr. Rodems

(Doc. 22). Upon receipt of Mr. Gillespie’s notice of voluntary dismissal the Court

directed the Clerk to enter judgment dismissing all claims against the Firm and Mr.

Rodems without prejudice (Doc. 25). The Judgment was entered on November 23,

2010 (Doc. 26).

On June 21, 2011, Ryan Christopher Rodems, Chris A. Barker and William J.

Cook (the “Assignees”), filed their Notice of Assignment of Claims and Motion for

Dismissal of Action with Prejudice (the “Notice”) (Doc. 32). Attached to the Notice is a

Case 5:10-cv-00503-WTH-TBS Document 51 Filed 10/06/11 Page 1 of 3 PageID 1444


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document entitled “Settlement Agreement and General Mutual Release” (the

“Settlement Agreement”) (Id.). The parties to the Settlement Agreement are Mr.

Gillespie, the Assignees and the Firm. In the Settlement Agreement, Mr. Gillespie

assigned “all claims pending or which could have been brought, based on the

allegations of [Mr. Gillespie], against any person or entity, without limitation, in [this

case].” In return, he received the satisfaction of a judgment.

Mr. Gillespie has motioned this Court to strike or set aside both the Notice and

the Settlement Agreement (Doc. 33). The Assignees served a response to the motion

in which they dispute certain facts alleged by Mr. Gillespie, assert that he does not have

standing to bring his motion to strike and they say this Court does not have subject

matter jurisdiction (Doc. 40).

Federal Rule of Civil Procedure 12(f) states that “[t]he court may strike from a

pleading an insufficient defense or any redundant, immaterial, impertinent, or

scandalous matter.” (Emphasis supplied). The only pleadings allowed are: (1) a

complaint; (2) the answer to the complaint; (3) the answer to a counterclaim; (4) the

answer to a cross-claim; (5) a third-party complaint; (6) an answer to a third-party

complaint; and (7) if the Court orders one, a reply to an answer. Fed. R. Civ. P. 7.

Because the Notice and Settlement Agreement are not pleadings they are not subject

to a motion to strike. McNair v. Monsanto Co., 279 F.Supp.2d 1290, 1298 (M.D. Ga.

2003)(“motion to strike is only appropriately addressed toward matters contained in the

pleadings.”); Merritt v. Hubb Intern. Southwest Agency Ltd., 2011 WL 4026651, *2

(N.D. Ga. 2011)(motion to strike declaration held procedurally improper because Rule

12(f) only applies to pleadings.); Certain Underwriters at Lloyd’s London v. Belu, 2009

2



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No. 12A215Title: Neil J. Gillespie, Applicant

v.

Thirteenth Judicial Circuit, et al.

Docketed: August 31, 2012Lower Ct: United States Court of Appeals for the Eleventh Circuit Case Nos.: (12-11028, 12-11213)

~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~

Aug 13 2012 Application (12A215) to extend the time to file a petition for a writ of certiorarifrom October 11, 2012 to December 10, 2012, submitted to Justice Thomas.

Sep 13 2012 Application (12A215) granted by Justice Thomas extending the time to file until

December 10, 2012.

~~Name~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~Address~~~~~~~~~~~~~~~~~~ ~~Phone~~~

At torneys fo r Pet itioner:

Neil J. Gillespie 8092 SW 115th Loop (352) 854-7807

Ocala, FL 34481

Party name: Neil J. Gillespie

http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/12


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Supreme Court

of the United States

Office of the Clerk

Washington, DC 20543-0001

William K. Suter

Clerk of the Court

(202) 479-3011

September

13, 2012

Mr. Neil J. Gillespie

8092 SW 115th

Loop

Ocala, FL 34481

Re: Neil

J.

Gillespie

v. Thirteenth

Judicial

Circuit, et ale

Application No. 12A215

Dear

Mr. Gillespie:

The

application

for

an extension of time

within

which

to file a

petition

for a writ

of

certiorari in the above-entitled case has

been

presented to

Justice

Thomas, who on

September

13, 2012

extended

tlle

time

to

and

including

December 10, 2012.

This letter

has

been sent

to

those designated

on

the attached

notification list.

Sincerely,

William K. Suter,

Clerk

Case

Analyst

ayton iggin7J;r /

t


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No. 12-7747Title: Neil J. Gillespie, Petitioner

v.

Thirteenth Judicial Circuit of Florida, et al.

Docketed: December 14, 2012Linked with 12A215Lower Ct: United States Court of Appeals for the Eleventh Circuit Case Nos.: (12-11028-B) Decision Date: July 13, 2012

Rule 12.4

~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~

Aug 13 2012 Application (12A215) to extend the time to file a petition for a writ of certiorarifrom October 11, 2012 to December 10, 2012, submitted to Justice Thomas.

Sep 13 2012 Application (12A215) granted by Justice Thomas extending the time to file untilDecember 10, 2012.

Dec 10 2012 Petition for a writ of certiorari and motion for leave to proceed in formapauperis filed. (Response due January 14, 2013)

Dec 20 2012 Waiver of right of respondents Rayan Christopher Rodems; and Barker,

Rodems & Cook, P.A. to respond filed.

Jan 24 2013 DISTRIBUTED for Conference of February 15, 2013.

Feb 13 2013 Supplemental brief of petitioner Neil J. Gillespie filed. (Distributed)

Feb 19 2013 Petition DENIED.

Mar 18 2013 Petition for Rehearing filed.

Mar 27 2013 DISTRIBUTED for Conference of April 12, 2013.

Apr 15 2013 Rehearing DENIED.

~~Name~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~Address~~~~~~~~~~~~~~~~~~ ~~Phone~~~

At torneys fo r Pet itioner:

Neil J. Gillespie 8092 SW 115th Loop (352) 854-7807

Ocala, FL 34481

[email protected]

Party name: Neil J. Gillespie

At torneys fo r Respondents:

Ryan Christopher Rodems Barker, Rodems & Cook, P.A. (813)-489-1001

http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/12-

Note: This docket does not reflect C.A.1

No. 12-11213; 5:10-cv-00503-WTH-TB


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Counsel of Record 501 East Kennedy Blvd., Suite 790

Tampa, FL 33602

Party name: Rayan Christopher Rodems; and Barker, Rodems & Cook, P.A.

http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/12-


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-,

\

,

) i

-

,

IN THE

CIRCUIT COURT OF THE

TIllRTEENTH

JUDICIAL

CmCUIT OF

THE STATE OF

FLORIDA,

IN AND

FOR

HILLSBOROUGH

COUNTY,

CIVIL DIVISION

NEIL

J.

GILLESPIE,

PLAINTIFF,

vs.

BARKER, RODEMS & COOK, P.A.,

a Florida Corporation; and

WILLIAM

J. COOK,

DEFENDANTS.

_ :/

ORDER ON DEFENDANTS' MOTION TO DISMISS AND STRIKE

TIDS

CAUSE came on for hearing on September

26,2005,

upon Defendant's

Motion to Dismiss and Strike, and counsel for the parties being present and having made

arguments and the court having considered the Plaintiffs Rebuttal to Defendant's Motion

to Dismiss and Strike. Defendant 's Reply to

Plaintiffs

Rebuttal to Defendant's Motion

to Dismiss and Strike and the Plaintiff's Second Rebuttal to Defendant's Motion to

Dismiss and Strike, and the court being advised fully in the premises, it is thereupon,

ADJUDGED

as follows:

1 Defendant's Motion to Dismiss and Strike is granted

in

part and denied in part.

2. Those portions

of

Defendant's Motion to Dismiss and Strike seeking to

dismiss the Complaint are denied. Defendant shall have fifteen days from the date

of

this

order within which to file responsive pleadings.

DIVISION"

F

or, 36

ote: This order entered January 13, 2006 established my pro se

omplaint stated a cause of action against the Defendants for

aud and breach of contract. My pro se motion and affidavit for

ummary judgment filed April 25, 2006 has not been heard.


23/39

3 Those portions o Defendant s Motion to Dismiss and Strike seeking to strike

portions o the Complaint is granted in the following particulars:

a

Paragraphs 47, 48,

49

and

50

o the Complaint are stricken.

b

Exhibit 8

to

the Complaint is stricken.

c All references

to

or demands for punitive damages are stricken or

failure to comply

with

§768.72 o the Florida Statutes.

ORDERED in Chambers, at Tampa, Hillsborough County, Florida, this

_ day

o

J N 3

2 6

2o_

RICHARD

A

NIELSEN

CIRCUIT JUDGE

Copies furnished to:

Ryan C Rodems, Esquire

300 West Platt Street, Suite

150

Tampa, Florida 33606

Neil J Gillespie

8092 SW

115

th

Loop

Ocala, Florida 34481

or 7

f


24/39

IN THE CIRCUIT COURT

OF

THE THIRTEENTH JUDICIAL CIRCUIT,

IN

AND FOR HILLSBOROUGH COUNTY, FLORIDA

NEIL

J

GILLESPIE,

Plaintiff,

vs CASE NO.: 2005-CA-7205

BARKER, RODEMS, & COOK, P.A.,

A FLORIDA CORPORATION, AND

WILLIAM J. COOK, AN INDIVIDUAL,

Defendant.

_\

NOTICE OF APPEARANCE

TO THE HONORABLE JUDGE OF SAID COURT:

The undersigned attorney hereby files this Notice of Appearance on behalf of

PLAINTIFF, NEIL

J

GILLESPIE, and would request that all copies of all future

pleadings, papers and communications be directed to the address and telephone listed

below.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true copy

of

the above Notice

of

Appearance has

been sent by U

S

Mail to RYAN C RODEMS, ESQ. this day of

MAR Cff2007.

fl 'r,

Ryan C Rodems, Esq.

400 N Ashley Dr., Ste 2100

Tampa, FL 33602

Law Office of Robert W. Bauer, P.A.

B Y ~ ~ ~ ~ /

R O b e r t ~ ~

Florida Bar No.: 0011058

2815 NW 13

th

St., Ste 200E

Gainesville, FL 32609

352.375.5960

352.337.2518 fax

Robert W. Bauer was referred to me by The Florida Bar

nline Lawyer Referral Service February 26, 2007


25/39

IN

THE CIRCUIT COURT

OF THE THIRTEENTH

JUDICIAL CIRCUIT

IN

AND

FOR HILLSBOROUGH

COUNTY,

FLORIDA

GENERAL CIVIL DIVISION

NEIL

J.

GILLESPIE,

Plaintiff,

vs.

Case No.: 05CA7205

Division: C

BARKER, RODEMS

COOK,

P.A.,

a Florida

corporation;

and WILLIAM

J. COOK,

...

Defendants.

/

ORDER DETERMINING AMOUNT OF

SANCTIONS

THIS CAUSE came

on

to be heard on Thursday, March 20, 2008, on the issue o £ ~ h ·

amount of attorneys' fees PlaintiffNeil J. Gillespie shall pay to Defendants as a result of the

Orders entered July 24, 2006, granting Defendants' motion to compel discovery, and July 20,

2007, granting Defendants' Amended Motion for Sanctions Pursuant to Section 57.105(1),

Florida Statutes, both

of

which ordered Plaintiff to pay Defendants' reasonable attorneys' fees

and taxable costs as a sanction for his conduct, as detailed

in

the respective Orders.

The Court, having read al1d considered the proceedings, considered the testimony

presented at the hearing, and after hearing from counsel, and being otherwise fully advised in the

premises, finds as follows:

1. The reasonable rate for the time expended by Ryan Christopher Rodems, Esquire,

who is Board Certified by the Florida Bar in the area of Civil Trial law, is $350.00 per hour. The

1

Plaintiffs counsel, Robert W. Bauer, Esquire, entered his Notice

of

Appearance after

the occurrence

of

Plaintiffs conduct which subjected Plaintiff to sanctions under section

57.105(1), Florida Statutes, and therefore, the Court ruled

in

the July 20, 2007 Order, Mr. Bauer

is not subject to sanctions under section 57.105(1), Florida Statutes.

·c

'C>--'

,.-:

'. ,

?, .-

r :·


26/39

reasonable l1umber ofl10urs expended

by

Mr. Rodems

on

this matter is thirty (30).

2. The reasonable rate for the time expended by John W. Gardner, Esquire, is

$300.00 per hour. The reasonable

number

of

hours expended by Mr. Gardner on this

matter

is

three and one-half (3.5).

Based on the foregoing, it is

ORDERED

and ADJUDGED that Plaint iff shall pay

Defendants a total of 11,550.00 for attorneys' fees and taxable costs.

DONE AND ORDERED in Chambers t i s day

of

March, 2008.

J es M. Barton, II

Circuit Judge

Copies to:

Robert W. Bauer, Esquire (Counsel for Plaintiff)

Ryan Christopher Roden1s, Esquire (Counsel for Defendants)

STATE

OF

FLORIDA

COUNTY

OF H I L L S e O ~ O U O H

THIS IS

TO

CERTIFY THAT THE FOREBOINt3 A TRUE

AND CORRECT Opy OF THE DOCUMENT ON FILE IN

~ : r s ~ . ~ ~ ~ ~ ~ . M : . ~

: : ~ ~ ~ 7 ~ :

_ . . : - t ~ \ T ta I

f f ~ ~ ~ ~ 1 1 1

PAT FRANK

• lffiil

CLERK

OF CIRCUIT COURT

~ ~ . . :

1 1 ~ · · · ~ c . . c . : •T£

t l , ~ t , ~ ~ ~ _ : - ~ :....•.•.•••.

D C

2

:1651


27/39


28/39


29/39


30/39


31/39

•

IN

TI-IE

CIRCUIT COURT

OF

THE THIRTEENTH ruDICIAL CIRCUIT

IN AND

FOR

HILLSBOROUGH COUNTY, STATE OF FLORIDA


NEIL

J.

GILLESPIE,

CASE NUMBER.: 05-CA-7205

Plaintiff,

DIVISION: J

v.


a Florida corporation; WILLIAM J.

COOK

Defendants.

/

ORDER

RELIEVING THE

OFFICE OF THE

PUBLIC

DEFENDER Oli

H E ~ ?

THIRTEENTH

JUDICIAL

CIRCIDT FROM REPRESENTATION

r ~ · ~

OF

PLAINTIFF

NEIL

GILLESPIE ~ ; ~ ~

N

~

THIS CAUSE having come to be heard on the Motion

of

the Office of the Public Defender

for Clarification and the Court being fully advised in the premises does hereby relieve the Office of

the Public Defender of the Thirteenth Judicial Circuit from representation of the plaintiff in this cause

as there is no lawful basis for the appointment of the Office of the Public Defender to represent the

plaintiff in the cause currently before the Court.

June, 2011.

THIRTEENTH ruDICIAL CIRCUIT

HILLSBOROUGH COUNTY, FLORIDA

Copies furnished to:

_ - N e i l G i l l e s p i ~ 0 9 z S·W

1

15

th

.

Loop; 0calat

Fk-3-44-g

_

-

-_._-_._--

-_.- ---------------.---------------. ---- -

Ryan

C. Rodems, Barker, Rodems

&

Cook, 400

North

Ashley Dr., Ste. 2100, Tampa, FL 33602

Richard L. Coleman, Esq., P.O. Box 5437, Valdosta, GA 31603

. .

ST TE OF

FLORID )

MIke Peacock, Office of the PublIC Defender

COUNTY OF

H I L L S B O R O U ] ~

THIS IS TO CERTIFY TH T THE FOREGOING

IS

A TRUE

_

day of

ONE AND ORDERED at Tampa, Hillsborough County, Florida on

~ ~ ~ ~ L E J M E S D R N O L D

~ a a ~ ~ T COURT ruDGE

ND CORRECT

COpy

OF

THE DOCUMENT ON

FILE

IN

/km

~ s ~ f t b ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ : : ~ ~ I : ~ :

1'c\\,,

: ~ ~ ~ · · · · ..

?VJ.

~

PAT FRANK

\ ~ 1 ;

~ CLERK

OF CIRCUIT

COURT

I l \ : ~ ~ ~ , ~ ' f . -

BY

.....................•....••.

D.C.


32/39

IN

THE

CIRCUIT COURT OF

THE THIRTEENTH

JUDICIAL CIRCUIT

IN AND

FOR

HILLSBOROUGH COUNTY, FLORIDA


NEIL

J.

GILLESPIE,

Plaintiff,

vs.

Case No.:

05CA7205

Division:

J


a Florida corporation; and WILLIAM

J.

COOK,

Defendants.

/

WRIT

OF

BODILY ATTACHMENT

THE STATE OF FLORIDA:

.- ,0 :

_

-

•.._ t .:

To Each Sheriff of the State:

o

It appearing to the Court that NEIL

J.

GILLESPIE, of 8092 SW 115

th

L o o p j - · · O c q J ~

Florida 34481, although properly served witl1 the Order to Show Cause entered May-Ll', 2011, i

failed to appear on June

1, 2011

and show cause,

if

any,

why

he should not be held in contempt

for failure to appear for deposition and produce documents pursuant to the Notice Of Deposition

Duces Tecum as ordered by this Court.

This Writ, therefore, is to command you to take NEIL J. GILLESPIE into custody and

bring him before the Honorable James D. Arnold, at Courtroom 501,800 East Twiggs Street,

Tampa, Florida 33602, immediately, and within

72

hours after he is taken into custody, for a

hearing to determine whether he shall be held in custody until the deposition ordered by the

Court is completed.

Service and execution of this Writ

may

be made on any day of the

week

and any time

of

the day or night.

DONE AND ORDERED in Chambers at Tan1pa, Hillsborough County, Florida, this 1st

day of June, 2011.

STATE OF

FLORIDA

COUNTY

OF HILLSBOROUGH)

THIS IS TO CERTIFY THAT THE FOREGOING IS

A

TRUE

AND

CORRECT COpy

OF

THE DOCUMENT ON FILE

IN

~ ~ I S ~ ~ ~ ~ ~ ; . ~ ~ ~ ~ ~ : : ~ ~ . I : ~ :

_

,

\t

e '1

f ~ ~ ~ · · · · · · · ~ ~ f ; I t

PAT FRANK

~ ~

CLERK OF CIRCUIT COURT

~ ~ ~ ~ ~ j

J),.-1--r

I I ~ ~ ~ ~ ~ ~ ~ ~

~ ~

...•................•...•••

D.C.


33/39

...................................................... ~

(

DESCRIPTION

OF SU BJECT

Race: Caucasian

Gender: Male

Date Birth: 03/19/195

Social

Security

Number:

Hair:

Grey

Height:

5'10"

Weight: 240 pounds

Other:

2


34/39

CASTAGIIUIIIUW, P A.

8 1 West Bay

Drive •Suite 3 1

727) 7 1 2 • 3 3 3 3

Largo, FL

33770

June19,2013

SusanVarnerBloemendaal

ChiefBranchDisciplineCounsel

THEFLORIDABAR

4200GeorgeJ.BeanParkway,Suite2580

Tampa,FL 33607-1496

RE: ComplaintbyNeil

J

Gillespie

TheFloridaBarFileNo. 2013-10,162(60)

Dear

Ms.

l o ~ m e n d a a l

Iam in receiptofmycopyof yourlettertoGillespiedatedJune13,2013. Evidently,Gillespie"appealed"

Mr.Clark'sdecisiontoclosetheabove-referencedfile,whichisinteresting,becausehefailedtoprovide

mewithanynoticewhatsoever

of

his"appeal." Yourletterwas"my firstnoticeof thisaction.

WhileIampleasedtolearnthatthisloserhasnotbrokenhis"losingstreak"(whichhasincludedlosing

beforetheSCOTUS),Iamappalledthathefailedtoserveanynotice

of

his"appeal"uponme.

Ihavecollectedalarge

pi'le

of themany, manydocumentsfiledin various,placesbyGillespieoverthe

pastseveralyears,andIam lookingforwardtofurnishingthatpiletotheSSDIabuseinvestigatorfor

Florida. Therefore, Iam herebyrequesting,fromeitheryourofficeor fromthe"complainant"

himself, completeand exhaustive copies

of

a,ny paperswhatsoeverfiled byGillespiein his

"appeal"

of

Mr.

Clark'sdecision.

Iwillbeaddingthese

new

documentstothepile. OncetheSSA

reviewsthefruitsof Gillespie'slabor,I'mconfidentthathis"handicap"statuswillbeverymuchatissue.

Thankyouforyouranticipatedpromptattentiontothisrequest.

Verytrulyyours,

EUGENE

P

CASTAGLIUOLO

cc: RobertW Bauer,Esquire(bye-mail)

RyanChristopherRodems,Esquire(bye-mail)

Office' oftheInspectorGeneral,SocialSecurityDisabilityAdministration(byregularU. S. Mail)

Gillespie

8092 W

11S

th

Loop

Ocala,FL34481


35/39

Civil Right to Counsel

NEW! Law Governing Appointment of Counsel in State Civil

Proceedings

The map below provides access, by clicking each state, to a

research report detailing existing authority for appointment of

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Prefatory Information

Foreword

Acknowledgments

Appendix: International Law Relating to Appointment

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Home > ABA Groups > Standing Committee on Legal Aid and Indigent Defendants > Initiatives > Civil

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The Toolkit includes in one package the "ABA Basic

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For additional information regarding civil right to

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36/39

Law A##reing Aut%oria+on or Re6uirement to Appoint Coune! in

Civi! "rocee#ing Genera!!y

State Statute an# Court Deciion Interpre+ng Statute

"la. Stat. T 29.00 =2011@ =Cort-a''ointe/ conelD@ 'ro4i/e:

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o the


37/39

Law A##reing Aut%oria+on or Re4uirement to Appoint Coune! in

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), SELTER

"e/eral Statte an/ Cort ;eciion Inter'reng Statte

he e/eral "air oing #ct, containe/ )ithin itle ?III o the Ciil ight #ct o 1968,

'roi/e that NRan aggriee/ 'eron *a7 co**ence a ciil acon in an a''ro'riate GO?ERNING A""OINTMENT O$ CO@NSEL IN STATE CI?IL "ROCEEDINGS $LORIDA '()'

'


38/39

Select Year:

The 2011 Florida Statutes

Title V

JUDICIAL BRANCH

Chapter 29

COURT SYSTEM FUNDING

View Entire Chapter

29.007 Court-appointed counsel.—For purposes of implementing s. 14, Art. V of the State Constitution,

the elements of court-appointed counsel to be provided from state revenues appropriated by general law are

as follows:

(1) Private attorneys appointed by the court to handle cases where the defendant is indigent and cannot

be represented by the public defender or the office of criminal conflict and civil regional counsel.

(2) When the office of criminal conflict and civil regional counsel has a conflict of interest, private

attorneys appointed by the court to represent indigents or other classes of litigants in civil proceedings

requiring court-appointed counsel in accordance with state and federal constitutional guarantees and federal

and state statutes.

(3) Reasonable court reporting and transcription services necessary to meet constitutional or statutory

requirements, including the cost of transcribing and copying depositions of witnesses and the cost of foreign

language and sign-language interpreters and translators.

(4) Witnesses, including expert witnesses, summoned to appear for an investigation, preliminary hearing,

or trial in a case when the witnesses are summoned on behalf of an indigent, and any other expert witnesses

approved by the court.

(5) Mental health professionals appointed pursuant to s. 394.473 and required in a court hearing involving

an indigent, mental health professionals appointed pursuant to s. 916.115(2) and required in a court hearing

involving an indigent, and any other mental health professionals required by law for the full adjudication of any civil case involving an indigent person.

(6) Reasonable pretrial consultation fees and costs.

(7) Travel expenses reimbursable under s. 112.061 reasonably necessary in the performance of

constitutional and statutory responsibilities.

Subsections (3), (4), (5), (6), and (7) apply when court-appointed counsel is appointed; when the court

determines that the litigant is indigent for costs; or when the litigant is acting pro se and the court determines

that the litigant is indigent for costs at the trial or appellate level. This section applies in any situation in

which the court appoints counsel to protect a litigant’s due process rights. The Justice Administrative

Commission shall approve uniform contract forms for use in processing payments for due process services

under this section. In each case in which a private attorney represents a person determined by the court to be

indigent for costs, the attorney shall execute the commission’s contract for private attorneys representing

persons determined to be indigent for costs.

History.—s. 7, ch. 2000-237; s. 43, ch. 2003-402; s. 16, ch. 2005-236; s. 18, ch. 2007-62.

Copyright © 1995-2014 The Florida Legislature • Privacy Statement • Contact Us

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0029/Sections/0029


39/39

Select Year:

The 2014 Florida Statutes

Title V

JUDICIAL BRANCH

Chapter 29

COURT SYSTEM FUNDING

View Entire Chapter

29.007 Court-appointed counsel.—For purposes of implementing s. 14, Art. V of the State Constitution,

the elements of court-appointed counsel to be provided from state revenues appropriated by general law are

as follows:

(1) Private attorneys appointed by the court to handle cases where the defendant is indigent and cannot

be represented by the public defender or the office of criminal conflict and civil regional counsel.

(2) When the office of criminal conflict and civil regional counsel has a conflict of interest, private

attorneys appointed by the court to represent indigents or other classes of litigants in civil proceedings

requiring court-appointed counsel in accordance with state and federal constitutional guarantees and federal

and state statutes.

(3) Reasonable court reporting and transcription services necessary to meet constitutional or statutory

requirements, including the cost of transcribing and copying depositions of witnesses and the cost of foreign

language and sign-language interpreters and translators.

(4) Witnesses, including expert witnesses, summoned to appear for an investigation, preliminary hearing,

or trial in a case when the witnesses are summoned on behalf of an indigent, and any other expert witnesses

approved by the court.

(5) Mental health professionals appointed pursuant to s. 394.473 and required in a court hearing involving

an indigent, mental health professionals appointed pursuant to s. 916.115(2) and required in a court hearing

involving an indigent, and any other mental health professionals required by law for the full adjudication of any civil case involving an indigent person.

(6) Reasonable pretrial consultation fees and costs.

(7) Travel expenses reimbursable under s. 112.061 reasonably necessary in the performance of

constitutional and statutory responsibilities.

Subsections (3), (4), (5), (6), and (7) apply when court-appointed counsel is appointed; when the court

determines that the litigant is indigent for costs; or when the litigant is acting pro se and the court determines

that the litigant is indigent for costs at the trial or appellate level. This section applies in any situation in

which the court appoints counsel to protect a litigant’s due process rights. The Justice Administrative

Commission shall approve uniform contract forms for use in processing payments for due process services

under this section. In each case in which a private attorney represents a person determined by the court to be

indigent for costs, the attorney shall execute the commission’s contract for private attorneys representing

persons determined to be indigent for costs.

History.—s. 7, ch. 2000-237; s. 43, ch. 2003-402; s. 16, ch. 2005-236; s. 18, ch. 2007-62.

Copyright © 1995-2014 The Florida Legislature • Privacy Statement • Contact Us

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0029/Sections/0029

settlement of florida civil rights lawsuit composite

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