united states district court - …docshare01.docshare.tips/files/2903/29031699.pdf · fraudulently...

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION

[“TRANSFERRED” FROM: U.S. D.C., SOUTHERN DISTRICT, W. PALM BEACH DIV.] JENNIFER FRANKLIN PRESCOTT, DR. JORG BUSSE, Plaintiffs, versus Civil Rights Case # 2:09-CV-00791-FtM-CEH-SPC ROGER ALEJO; KENNETH M. WILKINSON; JACK N. PETERSON; ROGER DESJARLAIS; LEE COUNTY, FLORIDA; LEE COUNTY VALUE ADJUSTMENT BOARD; LORI L. RUTLAND; STATE OF FLORIDA, BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND; STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION; CHAD LACH; CHARLES “BARRY” STEVENS; REAGAN KATHLEEN RUSSELL; KAREN B. HAWES; ROGER DESJARLAIS; CHARLIE GREEN; BOB JANES; BRIAN BIGELOW; RAY JUDAH; TAMMY HALL; FRANK MANN; UNITED STATES ATTORNEY(S); SEAN P. FLYNN; E. KENNETH STEGEBY; DAVID P. RHODES; A. BRIAN ALBRITTON; CYNTHIA A. PIVACEK; JOHNSON ENGINEERING, INC.; STEVEN CARTA; MIKE SCOTT; HUGH D. HAYES; GERALD D. SIEBENS; STATE OF FLORIDA ATTORNEY GENERAL; WILLIAM M. MARTIN; PETERSON BERNARD; SKIP QUILLEN; TOM GILBERTSON, NEWS PRESS, R. LENGERICH,

Defendants. EMERGENCY MOTION

_______________________________________________________________________/

OBJECTIONS TO ORDER, DOC.# 98, WHICH WAS PROCURED BY FRAUD ON COURT, AND FOR THE ILLEGAL PURPOSE OF KEEPING PLAINTIFFS AWAY FROM COURT

EMERGENCY MOTION FOR JUDICIAL NOTICE OF CONCEALMENT OF EVIDENCE BY OBJECTIVELY PARTIAL & CORRUPT U.S. JUDGE SHERI POLSTER CHAPPELL

AND OF THE CONCLUSIVE PROOF OF CHAPPELL’S CRIMES, AND DEPRIVATIONS, DOC. ## 74, 75, 76

DEF. CHAPPELL’S FRAUD AND FRAUD ON COURT, DOC. # 98, FILED 03/25/10

1. Defendant corrupt U.S. Magistrate Sheri Polster Chappell procured her Order, Doc. # 98, filed

03/25/2010, through fraud and fraud on the Court and in exchange for Defendants’ bribes.

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EMERGENCY

2. Pursuant to public policy, Governmental corruption and crimes are an emergency, which erode

the very foundation of our society like cancer. When brazen Governmental and judicial

corruption deliberately deprive American people of, e.g., 1st, 14th, 4th, 5th, and 7th Constitutional

Amendment rights in bright day light, America faces an emergency of the first order. Rather than

treat the cancer as an emergency, this Court has been spreading the cancer and concealing cures

such as truth, honesty, and knowledge.

3. Until and unless Governmental record forgeries such as, e.g., fake “parcels” “12-44-20-01-

00000.00A0” and “07-44-21-01-00001.0000”, and scam “O.R. 569/875” have been removed

from the books, the emergency continues. Any other argument by this Court is considered further

evidence of reckless concealment of Governmental corruption and fraud.

4. Public policy prohibits the custom of “Government covers up Governmental corruption”. Here on

the record, corrupt Judges covered up the crimes of the legislative part of government. The

prosecution of such crimes and violations is an emergency.

KEEPING THE PLAINTIFFS AWAY FROM COURT IN EXCHANGE FOR BRIBES

5. The Plaintiff unimpeachable landowners had objected and hereby again object to any and all

orders by named party Defendant corrupt U.S. Magistrate Sheri Polster Chappell, because

Chappell fraudulently concealed Governmental forgeries in exchange for Defendants’ bribes.

CHAPPELL’S FALSE AND FRAUDULENT PRETENSES

6. By falsely pretending that Governmental forgeries “O.R. 569/875” and facially forged and non-

existent fake “parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” were

“genuine issues”, and that Plaintiffs’ conclusive proof of said fraud schemes were purportedly

“frivolous” and/or “meritless”, Defendant Chappell “kept the Plaintiffs away from Court” and

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obstructed justice in exchange for bribes. Here, “legal whore” Chappell “struck” again by

“ordering” to “strike” the conclusive evidence of Governmental corruption and fraud, Doc. ## 74,

75, 76.

FRAUDULENT CONCEALMENT OF PROOF OF GOVERNMENTAL FORGERIES

7. In exchange for Defendants’ bribes, Defendant corrupt U.S. Magistrate Sheri Polster Chappell

procured her “Order”, Doc. # 98, through fraud on the Court and for the unlawful purpose of

fraudulently concealing the prima facie criminality, illegality, and nullity of Governmental

forgeries “O.R. 569/875”.

8. Said Defendant corrupt Judge Chappell “ordered” the conclusive proof, Doc. ## 74, 75, 76, of the

criminality, illegality, and nullity of facially forged eminent domain “claim” “O.R. 569/875”

“stricken” for the unlawful purpose of concealing Chappell’s own [extra] judicial crimes.

CHAPPELL CONCEALED FACIALLY FORGED “PARCEL” “12-44-20-01-00000.00A0”

9. In particular, Chappell fraudulently concealed facially forged “parcel” 12-44-20-01-

00000.00A0”, which Chappell knew never appeared on the 1912 Subdivision Plat of Survey in

Lee County Plat Book 3, Page 25. As a matter of law and fact, said forged “parcel” never legally

existed. See PRESCOTT, No. 08-14846, 2009 U.S. App. LEXIS 8678, 2009 WL 1059631; see

Lee County Plat Book 3, p. 25; www.LeeClerk.org.

CHAPPELL CONCEALED FACIALLY FORGED “PARCEL” “07-44-21-01-00001.00A0

10. Just like a “legal whore”, Chappell accepted Defendants’ bribes for the unlawful purpose of

fraudulently concealing forged “parcel” “07-44-21-01-00001.0000”, which was never platted,

subdivided, and/or legally described in reference to said 1912 Plat of Survey, PB 3, PG 25.

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CHAPPELL CONCEALED RIPARIAN GULF-FRONT “PAPER” STREET, PB 3, PG 25

11. Here, “legal whore” Chappell knew that in the U.S. Court of Appeals for the Eleventh Circuit,

Defendants Lee County had asserted the platted riparian “paper” street rather than said forged

parcels.

12. Rather than being a “legal referee”, “legal whore” Chappell unintelligently and capriciously

contradicted Defendant Lee County’s assertion of said platted “paper” street, PB 3, PG 25 (1912)

in exchange for bribes.

CHAPPELL CONCEALED & “ORDERED” BINDING PRECEDENT “STRICKEN”

13. Here, Defendant corrupt Chappell fraudulently concealed and “ordered” “stricken” the binding

precedent of, e.g.:

West Peninsular Title Co. v. Palm Beach County, 41 F.3d. 1490, 1492, n.4 (11th Cir.), cert. denied, 516 U.S. 932, 116 S.Ct. 338, 133 L.Ed. 2d 237 (1995).

See Doc. 76-1, filed 03/05/10, page 22 of 37.

14. Here, Defendant corrupt Polster Chappell “struck” again, perverted the truth, and obstructed

justice. Chappell knew that the Plaintiffs were the declared unimpeachable record owners of their

riparian Gulf-front “paper” street as legally described and conveyed to the Plaintiffs in reference

to Plat Book 3, Page 25 (1912):

See also JOHN LAY AND JANET LAY v. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, OGC CASE Nos. 01-0203, 01-0204, DOAH CASE Nos. 01-1541, 01-1542, CASE Nos. DEP01-0860, DEP01-0876.

See Doc. 76-1, filed 03/05/10, page 21 of 37.

“LEGAL WHORE” CHAPPELL WAS OBJECTIVELY PARTIAL AND CORRUPT

15. No intelligent, fit, and honest judge, juror, and/or person in corrupt Chappell’s shoes could have

possibly found said facially forged “parcels” to appear on said 1912 Plat of Survey, PB 3, PG 25.

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16. In exchange for Defendants’ bribes, “legal whore” Chappell corrupted the judicial process and

illegally punished the Plaintiff(s) for conclusively proving the record nullity and illegality of said

facially forged and fraudulently “claimed” “parcels” “12-44-20-01-00000.00A0” and “07-44-21-

01-00001.0000”.

CHAPPELL RAPED RIGHT TO REDRESS GOVERNMENTAL GRIEVANCES

17. Here, Defendant corrupt Chappell raped Plaintiffs’ right to redress governmental grievances, 1st

U.S. Constitutional Amendment, and conclusively prove Governmental eminent domain extortion

and fraud scheme “O.R. 569/875”.

“STRIKING” CONCLUSIVE EVIDENCE OF FRAUD & CORRUPTION WAS A CRIME

18. “Striking” Plaintiffs’ material, relevant, reliable, competent, and conclusive evidence of

Governmental corruption and fraud obstructed justice and was a crime.

CORRUPT CHAPPELL HAS NO IMMUNITY

19. Here, Defendant Polster Chappell has no immunity and is to be prosecuted for her extra-judicial

crimes like any other citizen pursuant to public policy.

RE-FILING OF PROOF OF CRIMINALITY OF FORGED CLAIM “O.R. 569/875”

20. The Plaintiff declared unimpeachable record owners of Lee County riparian Gulf-front Parcel #

12-44-20-01-00015.015A hereby refile their conclusive proof of the nullity and illegality of “Lee

County” eminent domain fraud scheme “O.R. 569/875”, Doc. ## 74, 75, 76.

U.S. COURT OF APPEALS DISPOSITIVELY DECLARED PLAINTIFFS’ OWNERSHIP

21. The U.S. Court of Appeals, 11th Circuit, had dispositively declared the Plaintiffs the

unimpeachable record owners of said riparian “paper” street “on the Gulf of Mexico” as legally

described in reference to said record Plat of Survey on file, PB 3, PG 25. See PRESCOTT, No.

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08-14846, 2009 U.S. App. LEXIS 8678, 2009 WL 1059631; see Lee County Plat Book 3, p. 25;

www.LeeClerk.org.

22. Here, “legal whore” Chappell “ordered” the conclusive evidence of Plaintiffs’ declaredly

unimpeachable record ownership and title to said riparian Parcel “12-44-20-01-00015.015A” and

Plaintiffs’ riparian “paper” street “on the Gulf of Mexico” “stricken”, PB 3, PG 25 (1912).

23. Therefore, the Plaintiffs object to said “legal whore” Chappell’s record crimes and her acceptance

of Defendants’ bribes. Chappell’s record case fixing and concealment of evidence are crimes for

which Defendant Chappell is being prosecuted.

CHAPPELL PRESIDES OVER HER OWN PROSECUTION(S)

24. Here, named party Defendant corrupt Judge Chappell has been presiding over her own

prosecution(s) for, e.g., fraudulent concealment of Governmental corruption and fraud,

obstruction of justice, fraud on the Court, and deliberate deprivations of Plaintiffs’ Constitutional

rights directly under the 1st, 14th, 4th, 5th, and 7th Amendments.

CORRUPT CHAPPELL COVERED UP HER CRIMES

25. Here, “legal whore” Polster Chappell never had any “power” to “strike” conclusive record

evidence of governmental corruption and said “Lee County” forgeries. Here, Defendant corrupt

Chappell struck the conclusive evidence of counterfeit “claim” “O.R. 569/875” for the unlawful

purpose of covering up her own crimes in exchange for Defendants’ bribes.

CHAPPELL CRIMINALLY COERCED PLAINTIFFS

26. Here, corrupt Chappell coerced the Plaintiffs to refrain from prosecuting her and the other

Defendants:

“However, the Court cautions the Plaintiffs that future filings containing immaterial and scandalous matters may result in sanctions being imposed.”

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See Doc. # 98, filed 03/25/2010, page 2 of 4.

27. Here, e.g., Lee County Plat Book 3, Page 25 (1912) were neither “immaterial” nor “scandalous”.

Here, the “matters” of PB 3, PG 25 directly evidenced corrupt Chappell’s fraudulent concealment

of, e.g., Governmental forgeries “12-44-20-01-00000.00A0”, “07-44-21-01-00001.0000”, and a

“park” which never legally existed within said private undedicated residential Cayo Costa

Subdivision.

ILLEGAL SANCTIONS TO COERCE PLAINTIFFS TO REFRAIN FROM LITIGATION

28. “Legal whore” Chappell had no authority or power to “sanction” the Plaintiffs for blowing the

whistle on said Governmental forgeries. Here, “legal whore” Chappell falsely pretended that the

prima facie criminality, illegality, and nullity of facially forged “claim” “O.R. 569/875”, facially

forged and un-platted “parcel” “12-44-20-01-00000.00A0”, and facially forged “park” were

purportedly not “legal arguments for the Court’s review”:

“The Plaintiff continually asserts that Judges in the Middle District of Florida are corrupt and have participated in a conspiracy against him. The allegations appear to be based solely on the fact that the Plaintiff received adverse rulings from judges in the Middle District of Florida and from the Eleventh Circuit. A review of the Plaintiff’s filings demonstrate that the Plaintiff’s Motions are immaterial and scandalous, and do not present legal arguments for the Court’s review. Therefore, the Court finds good cause to strike the Motions.”

See Doc. # 98, filed 03/25/2010, pages 2 and 3 of 4.

Here, the conclusively proven Governmental eminent domain extortion and fraud schemes on

record and in violation of, e.g., the 14th, 4th, 5th Amendments were of course legal arguments for

the Court’s review. Here, corrupt Chappell “kept the Plaintiffs away from the Court” and

perpetrated fraud on the Court. The “conspiracy” to fraudulently conceal said Governmental

forgeries and Plaintiffs’ unimpeachable ownership were patently clear.

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29. The U.S. Court of Appeals’ dispositive declaration of Plaintiffs unimpeachable record ownership

of and title to said adjoining “paper” street was not an adverse ruling but proved the prima facie

nullity and illegality of said Governmental forgeries and Chappell’s crimes.

30. Here, the Plaintiffs proved record Governmental corruption and fraud under false pretenses that

forgeries “O.R. 569/875” were purportedly a “resolution” and/or “legislative act”. Here, “legal

whore” Chappell knew that Defendants’ “legal argument” of “eminent domain” or condemnation

by law was facially fraudulent and unrecognized by the law.

31. Here, rogue Chappell rambled unintelligently and irrationally and did not answer where facially

forged “parcels” “12-44-20-01-00015.015A” and “07-44-21-01-00001.0000” could possibly be

found on Page 25 in Plat Book 3.

CHAPPELL CONCEDED ILLEGALITY OF STRIKING CONCLUSIVE EVIDENCE

32. Here, corrupt Chappell conceded the illegality of striking Plaintiffs’ conclusive evidence of the

nullity and criminality of said Governmental forgeries:

“A motion to strike will usually be denied unless the allegations have no possible relation to the controversy and may cause prejudice to one of the parties. Harvey, 2005 WL 1421170 (citing Scelta v. Delicatessen Support Services, Inc., 57 F. Supp. 2d 1327, 1347 (M.D. Fla. 1997).”


33. Here, “legal slut” Chappell knew that Defendants’ motion had to be denied, because said record

forgeries directly “related” to said uncontroverted Governmental eminent domain extortion and

fraud schemes on file.

CROOKED DEFENDANT “LEGAL WHORE” CHAPPELL MUST BE RECUSED

34. Plain and short, Chappell is an unusually crooked “legal whore”, who, in exchange for

Defendants’ bribes, concocted that, e.g., the Cayo Costa Subdivision Plat in Plat Book 3, Page 25

(1912) was purportedly “immaterial” and “scandalous”. Here, said Plat was an integral part of

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Plaintiffs’ conveyance and therefore highly material and relevant. In these civil rights actinos,

corrupt Chappell displayed her objective partiality, ignorance, and arrogance. Pursuant to 28

U.S.C § 455, named party Defendant objectively partial and corrupt Judge Chappell must be

recused.

CHAPPELL CONCEALED ABSOLUTE IMPOSSIBILITY OF LEE COUNTY OWNERSHIP

35. Any and all platted Cayo Costa Subdivision land between the natural boundaries and monuments

of the “Gulf of Mexico” and “Charlotte Harbor” belonged to Alexander C. Roesch and his

successors-in-title, PB 3, PG 25 (1912). Defendants Lee County never were successors-in-title to

Plaintiffs’ riparian Gulf-front “paper” street adjoining their upland. Here, “legal whore” Chappell

concealed that Lee County, Florida, never held title to Plaintiffs’ platted adjoining riparian

“paper” street and easement “on the Gulf of Mexico”, PB 3, PG 25 (1912), and that “parcel” “12-

44-20-01-00000.00A0” was facially forged. See PRESCOTT, No. 08-14846, 2009 U.S. App.

LEXIS 8678, 2009 WL 1059631; see Lee County Plat Book 3, p. 25; www.LeeClerk.org.

36. Here, the land under Plaintiffs’ adjoining riparian “paper” street “on the Gulf of Mexico” was a

street as legally described and conveyed to the Plaintiffs in reference to PB 3, PG 25 (1912) and

not fake “parcel” “12-44-20-01-00000.00A0”, which corrupt Chappell knew never existed. See

Transcript of 11/07/2007 Proceedings, Motion for Rule 11 Sanctions, before the dishonorable

Sheri Polster Chappell, U.S. Magistrate Judge, 2007 Civil Rights Case No. 2:07-CV-228-FtM-

JES-SPC (Chappell).

CORRUPT CHAPPELL CONCEALED PLAINTIFFS’ ADJOINING STREET OWNERSHIP

37. Here, “legal whore” Chappell knew and fraudulently concealed that Plaintiffs’ adjoining “paper”

street and easement “on the Gulf of Mexico” could not have possibly been the forged and non-

existent “parcel” “12-44-20-01-00000.00A0”.

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“In evaluating a motion to strike, the court must treat all well pleaded facts as admitted and cannot consider matters beyond the pleadings. Microsoft Corp. v. Jesse’s Computers & Repair, Inc., 211 F.R.D. 681, 683 (M.D. Fla. 2002).”


CHAPPELL CONCEALED WELL PLEADED CRIMINALITY OF SCAM ‘O.R. 569/875’

38. Here with wanton disregard for the truth and “well pleaded” public record “facts” on file, PB 3,

PG 25, “O.R. 569/875”, corrupt Chappell deliberately deprived and defrauded the Plaintiffs, 18

U.S.C. §§ 241, 242. Here in exchange for bribes, corrupt Chappell did not treat the “well pleaded

facts” of Plaintiffs unimpeachable record ownership of said adjoining riparian “paper” street and

the Governmental forgery of un-platted and non-existent fake “parcel” “12-44-20-01-

00000.00A0” as “admitted”. See Transcript of 11/07/2007 Proceedings, Motion for Rule 11

Sanctions, before the dishonorable Sheri Polster Chappell, U.S. Magistrate Judge, 2007 Civil

Rights Case No. 2:07-CV-228-FtM-JES-SPC (Chappell).

CORRUPT CHAPPELL CONCEALED NULLITY/CRIMINALITY OF FORGED “CLAIM”

39. Here for bribes, “legal whore” Chappell did not treat the “well pleaded facts” that prima facie

Governmental scam “O.R. 569/875” was never signed and/or adopted by “Lee County” and null

and void ab initio as “admitted”.

40. Here for bribes, “legal whore” Chappell did not treat the “well pleaded facts” that the U.S. Court

of Appeals, 11th Circuit, had dispositively declared the Plaintiffs the record owners of their

adjoining riparian street land “on the Gulf of Mexico”, riparian subject Parcel # 12-44-20-01-

00015.015A, as “admitted”. See PRESCOTT, No. 08-14846, 2009 U.S. App. LEXIS 8678, 2009

WL 1059631; see Lee County Plat Book 3, p. 25; www.LeeClerk.org.

41. Here for bribes, “legal whore” Chappell did not treat the “well pleaded facts” that prima facie

scam “O.R. 569/875” was not any eminent domain document or “muniment of title” as “admitted”

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but sanctioned Plaintiffs for the illegally purpose of coercing them to refrain from prosecution of

the Defendant corrupt Governmental Officials.

42. Here for bribes, “legal whore” Chappell did not treat the “well pleaded facts” that under oath,

Defendant Roger Alejo had determined the “Gulf of Mexico” to be the natural boundary of

Plaintiffs’ riparian Parcel 12-44-20-01-00015.015A as “admitted”.

43. Here for bribes, “legal whore” Chappell did not treat the “well pleaded facts” that Plaintiffs were

the unimpeachable record owners and title holders to said adjoining riparian street land pursuant

to Florida’s self-enforcing Marketable Record Title Act as “admitted”.

POLSTER CHAPPELL PERVERTED THE WELL PLEADED FACTS

44. Here, corrupt Chappell accepted Defendants’ bribes for the unlawful purpose of perverting the

well pleaded and conclusively proven facts on record.

OBJECTION TO ANY INVOLVEMENT OF DEFENDANT CORRUPT JUDGE CHAPPELL

45. The Plaintiffs object to any involvement of “legal whore” Chappell in these proceedings, because

since at least 2007, Chappell knew and fraudulently concealed for bribes that forged “parcels”

“12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” had never legally existed and could

not have possibly been “owned” by Defendants Lee County, PB 3, PG 25. See Transcript of

11/07/2007 Proceedings, Motion for Rule 11 Sanctions, before the dishonorable Sheri Polster

Chappell, U.S. Magistrate Judge, 2007 Civil Rights Case No. 2:07-CV-228-FtM-JES-SPC

(Chappell).

NOTICE OF PUBLICATIONS OF DOC. ## 74, 75, 76

IN SUPPORT OF FRAUD ON COURT BY “LEGAL WHORE” S. POLSTER CHAPPELL,

WHO CONCEALED PLAINTIFFS’ EVIDENCE OF GOVERNMENTAL CORRUPTION

IN EXCHANGE FOR DEFENDANTS’ BRIBES

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46. The Plaintiffs hereby give notice of their publications of Doc. ## 74, 75, 76 in this Civil Rights

Case. Said publications further evidence the fraudulent concealment of Governmental corruption,

fraud, and said forgeries by “legal whore” Sheri Polster Chappell. See

http://www.scribd.com/Judicial%20Fraud:

373 Documents as to Governmental corruption in Fort Myers, FL

30,903 Reads of Evidence of Governmental eminent domain fraud & corruption

124 Downloads of Governmental corruption evidence

WHEREFORE, the Plaintiff declared and unimpeachable record owners of said riparian Gulf-front

lands, “paper” street lands, and private implied “paper” street easement(s), PID # 12-44-20-01-

00015.015A, Lee Count PB 3, PG 25 (1912), respectfully demand:

1. An Emergency Order taking judicial notice of the fraudulent Governmental and judicial

concealment of said forgeries and Doc. ## 74, 75, 76 without any authority or power;

2. An Emergency Order taking judicial notice of Plaintiffs’ unimpeachable record ownership of

the adjoining riparian “paper” street as legally described and conveyed to the Plaintiffs in

reference to said 1912 Cayo Costa Subdivision Plat in PB 3, PG 25, and the prima facie

Governmental forgeries of “claim” “O.R. 569/875”, and fake “parcels” “12-44-20-01-

00000.00A0” and “07-44-21-01-00001.0000” [see Plaintiffs’ Warranty Deed on file];

3. An Order enjoining the Defendants, Counsel, and Judges from threatening Plaintiffs for the

unlawful purpose of extorting property and coercing Plaintiff record owners to refrain from

redressing Governmental grievances, corruption, and eminent domain fraud under false and

absolutely impossible pretenses of, e.g., “frivolity”;

4. An Order removing Defendant corrupt Magistrate Polster Chappell from these and the related

judicial proceedings, because she fraudulently concealed “Lee County” forgeries of non-existent

and un-platted “parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000”, PB 3, PG

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25 (1912) and accepted Defendants’ bribes in exchange [see, e.g., Nov. 2007 Transcript of

Proceedings before corrupt Polster Chappell on file];

5. An Order taking judicial notice that the legal description of Plaintiffs’ riparian Gulf-front Parcel,

12-44-20-01-00015.015A never changed since 1912, PB 3, PG 25;

6. An Order taking judicial notice that the fraudulently claimed condemnation by purported virtue

of forged “claim” and scam “O.R. 569/875” was fatally contradicted by the unchanged legal

description since 1912;

7. An Order taking judicial notice that Defendants’ fraudulent and null and void “lien” implied

Plaintiffs’ record ownership and evidenced the criminality of Defendants’ and Counsel’s

“frivolity” fraud scheme and illegal threats, sanctions, and/or punishment(s);

8. An Order enjoining Defendant Governmental fraudulent concealment of uncontroverted and

conclusively proven record forgery and fraud scheme “O.R. 569/875”, which the law does not

recognize;

9. An Order enjoining any further frivolous pleadings by Defendants and Counsel, which fail to

respond to the legal issues, allegations, and evidence of Governmental corruption, bribery,

eminent domain fraud and extortion under false pretenses that said facial forgery “O.R 569/875”

purportedly “authorized” Governmental seizure of “raid lands” which were not legally described

in reference to the 1912 Plat in Lee County Plat Book 3, Page 25;

10. An Order compelling the Defendants to respond to the conclusive record proof and allegations of

the facial frivolity, criminality, illegality, and nullity of forged “claim” of “raid lands”, forgery

“O.R. 569/875”;

11. An Order declaring Defendants’ previous so-called “responses” not responsive to the proven and

alleged prima facie criminality and nullity of forgery “O.R. 569/875”, the judicial fabrications of

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a “legislative act” and “resolution” in exchange for bribes, and the Governmental concealment of

forged and non-existent “parcel” ‘12-44-20-01-00001.0000’ pursuant to Lee County PB 3, PG 25;

12. An Emergency Order declaring that “Lee County” never held title to forged and un-platted

parcels “12-44-20-01-00001.0000” and “12-44-20-01-00000.00A0”, and Plaintiffs’ riparian Gulf-

front lands and easement(s), 12-44-20-01-00015.015A [see also self-enforcing Marketable

Record Title Act];

13. Reconsideration of the EMERGENCY of judicial bribery, fraud on the Court, and fraudulent

concealment of the prima facie criminality and nullity of “eminent domain” fraud scheme and

forged “Lee County” “claim” “O.R. 569/875” [see www.leeclerk.org; and www.scribd.com];

14. Reconsideration of the EMERGENCY of corrupt U.S. Magistrate Sheri Polster Chappell’s

fraudulent concealment of the non-existence of facially forged “parcel” “12-44-20-01-

00000.00A0” pursuant to the 1912 Cayo Costa Subdivision Plat recorded in Plat Book 3, Page 25

[see Transcript of Proceedings, Motion for Rule 11 Sanctions, Fort Myers, Florida, November 7,

2007; Civil Rights Case # 2:07-CV-00228-FtM-JES-SPC (Sheri Polster Chappell)];

15. Reconsideration of the EMERGENCY of corrupt U.S. Judge John Edwin Steele’s judicial fraud

and fabrication of a “legislative act” [facial forgery “O.R. 569/875”] in exchange for Defendants’

bribes;

16. Reconsideration of the EMERGENCY of judicial retaliation and illegal punishment under p

17. Reconsideration of the EMERGENCY of judicial fabrication of eminent domain “authority”

under fake “claim” “O.R. 569/875”, which the law does not recognize, and which had facially no

legal effect whatsoever;

18. An Order taking judicial notice of the prima facie fraud and fraud on the Court by Defendants

and Counsel, Jennifer Waugh Corinis, Doc. ## 69, 70, filed 02/26/2010, in which Defendants and

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Counsel refused to “respond” to the legal issues of Governmental fraud, fraud on the Court(s),

bribery, forgery, and eminent domain fraud under false pretenses of “condemnation by legislative

act/facial forgery O.R. 569/875”;

19. An Order declaring the removal of corrupt Judge Richard A. Lazzara pursuant to said self-

enforcing 2009 U.S. Court Order of Removal, Case No. 2:09-mc-43-FtM-29 (12-09-2009):

“the Clerk shall commence the process of reassigning the pending unassigned civil cases to Judge Honeywell by removing the unassigned judge [Richard A. Lazzara] from the deck and adding Judge Honeywell to the Fort Myers deck for random assignment.”

20. An Order declaring the publicly recorded rights of first refusal by Plaintiff record owners’ heirs

and assigns (O.R. 4350, PG 2600);

21. An Order enjoining any and all illegal “judge shopping” by the Defendants and/or U.S.

Agents/Judges and/or their Attorneys;

22. An Order relieving the Plaintiffs from the record facial fraud by Richard A. Lazzara, who

fabricated that “forgery” “O.R. 569/875” was purportedly a “resolution” and/or “instrument”,

when in fact, said prima facie forgery was legally entirely meaningless pursuant to, e.g., the

Uniform Title Standards of the Florida Bar and Florida’s Marketable Record Title Act [here, the

mere passage of time had perfected and automatically quieted Plaintiffs’ unimpeachable

marketable record title to their riparian street lands and implied “paper” street easement along the

Gulf of Mexico as platted in PB 3, PG 25 (1912)];

23. An Order enjoining the corrupt Defendant Federal judges from illegally removing Plaintiffs’

pleadings from the Docket in these Cases pertaining to governmental corruption and fraud;

24. An Order releasing the fraudulent lien by Defendants Lee County, vacating the fraudulent

judgment, and writ, which was procured by fraudulent means and under false pretenses of a

“legislative act” and “frivolity” of the conclusive proof and allegations that prima facie scam

16

“O.R. 569/875” was not any “legislative act”, but a facial forgery and eminent domain fraud and

extortion scheme;

25. Reconsideration of an EMERGENCY Order in this independent action for relief from fraud on

the Court(s) staying the writ of execution, which was procured through fraud, fraud on the

Courts, under false pretenses of “frivolity” and in exchange for Defendants’ bribes;

26. Reconsideration of an Order relieving the Plaintiff unimpeachable record owners from said

fraud, fraud on the Courts, and Writ of Execution;

27. An Order in this independent action for relief from Governmental fraud on the Court setting

aside and vacating the fraudulently procured Judgments, Orders, and Writ of Execution in this

and the related and/or associated Civil Rights Cases pertaining to the Defendant Governmental

fabrications of “frivolity” and a “legislative act”/”resolution”, which never legally existed and

were never legally recorded (facial scam “O.R. 569/875”);

28. An Order for compensatory damages due to said Governmental corruption and fraud;

29. Punitive damages to deter the Defendants from any further and future fraud, corruption, and

conspiracy to fraudulently pretend eminent domain “authority” by virtue of prima facie scam

“O.R. 569/875”;

30. Injunctive relief from the governmental and judicial fraud, corruption, and unlawful taking

without any eminent domain / condemnation due process and equal protection of record;

31. An Order recusing the named Defendant U.S. Agents and/or Judges in any and all

related/associated Cases;

32. An Order enjoining the Defendants from illegally seizing Plaintiffs’ property under false

pretenses of “frivolity” and illegal and null and void “claim” “O.R. 569/875”, which was of no

legal effect, never legally recorded, and not any eminent domain document or judgment;

17

33. An Order enjoining the named U.S. Agents from disparately denying Plaintiff Dr. Busse’s

immigration benefits and privileges in retaliation for blowing the whistle on the governmental

fraud on record, from illegally punishing him, and from illegally sanctioning the Plaintiffs under,

e.g., Rule 11;

34. An Order enjoining the illegal coercion, extortion, after-the-fact retaliation and

alteration/modification ($5,000.00) of the recorded judgment in the “First” Case by judicial

Defendants Dubina, Tjoflat, and Birch, while independent actions for relief from corruption and

fraud on the court were pending.

___________________________________ /S/JENNIFER FRANKLIN PRESCOTT Governmental Corruption & Fraud Victim, co-landowner, pro se P.O. BOX 845, Palm Beach, FL 33480; T: 561-400-3295 ____________________________________ /S/JORG BUSSE, M.D., M.M., M.B.A., C.P.M. Judicial Corruption and Crime Victim; Plaintiff, pro se State Cert. Res.Appraiser, Licensed Real Estate Broker, Mortgage Broker, Appraisal Instructor; Consulate General of the Federal Republic of Germany C/o Legal and Consular Department 100 N. Biscayne Blvd., Suite # 2200 Miami, FL 33132; T: 239-595-7074; E-mail at: http://VABLeeCounty.blogspot.com/ and/or [email protected] EXHIBITS ON FILE: 02/18/2010 Letter by U.S. Department of Justice, Criminal Division to Plaintiffs Warranty Deed; riparian Gulf-front subject property, 12-44-20-01-00015.015A, PB 3, PG 25 (1912) Table; Uniform Title Standards, Florida Bar, Real Property, Probate and Trust Law Section Affidavits in support of Lee County title fraud and fraud on the Court(s) Docket(s) Fraudulent orders “Opinion and Order”; Doc. # 338; “First/original Case” CC: Federal Bureau of Investigation

U.S. Department of Justice, Criminal Division, Washington, DC 20530-0001 U.S. Attorney General

Case 2:09-cv-00791-CEH-SPC Document 75 Filed 03/05/10 Page 1 of 13

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Case 2:09-cv-00791-CEH-SPC Document 75-1 Filed 03/05/10 Page 1 of 4

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STAYED

U.S. District CourtMiddle District of Florida (Ft. Myers)

CIVIL DOCKET FOR CASE #: 2:09-cv-00791-CEH-SPC

Prescott et al v. Alejo et alAssigned to: Judge Charlene E. HoneywellReferred to: Magistrate Judge Sheri Polster ChappellCase in other court: 09-16203-H

09-16205-H09-16206H09-16207-H09-16208-H10-10645-FFlorida Southern, 9:09-cv-82359

Cause: 28:1331 Fed. Question

Date Filed: 12/04/2009Jury Demand: PlaintiffNature of Suit: 440 Civil Rights: OtherJurisdiction: Federal Question

Plaintiff

Jennifer Franklin Prescott represented by Jennifer Franklin Prescott P.O. Box 845 Palm Beach, FL 33480 PRO SE

Plaintiff

Jorg Busse represented by Jorg Busse P.O. Box 11124 Naples, Fl 34101-11124 239/595-7074 PRO SE

V.

Defendant

Roger Alejo

Defendant

Kenneth M. Wilkinson

Defendant

Jack N. Peterson

Defendant

3/25/2010 Electronic Case Filing | U.S. District Co…

ecf.flmd.uscourts.gov/cgi-bin/DktRpt.p… 1/14

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CIVIL DOCKET FOR CASE #: 2:09-cv-00791-CEH-SPC

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Civil Rights: Other

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09-16205-H 09-16206H 09-16207-H 09-16208-H 10-10645-F Florida Southern, 9:09-cv-82359

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09-16203-H

Roger Desjarlais

Defendant

Lee County Florida

Defendant

Lee County Value Adjustment Board

Defendant

Lori L. Rutland

Defendant

State of Florida, Board of Trustees ofthe Internal Improvement Trust Fund

Defendant

State of Florida, Department ofEnvironmental Protection

Defendant

Chad Lach

Defendant

Reagan Kathleen Russell

Defendant

Karen B. Hawes

Defendant

Charlie Green

Defendant

Bob Janes

Defendant

Brian Bigelow

Defendant

Ray Judah

Defendant

Tammy Hall

Defendant



Frank Mann

Defendant

United States Attorney(s)

Defendant

Sean P. Flynn represented by Jennifer Waugh Corinis United States Attorney 400 North Tampa Street Suite 3200 Tampa, Fl 33602 813/274-6310 Fax: 813/274-6200 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

E. Kenneth Stegeby represented by Jennifer Waugh Corinis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

David P. Rhodes represented by Jennifer Waugh Corinis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

A. Brian Albritton represented by Jennifer Waugh Corinis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Cynthia A. Pivacek

Defendant

Johnson Engineering, Inc.

Defendant

Steven Carta

Defendant



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Jennifer Waugh Corinis

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United States Attorney

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Tampa, Fl 33602

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Suite 3200

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400 North Tampa Street

Mike Scott

Defendant

Hugh D. Hayes

Defendant

Gerald D. Siebens

Defendant

State of Florida Attorney General

Defendant

William M. Martin

Defendant

Peterson Bernard

Defendant

Skip Quillen

Defendant

Tom Gilbertson

Defendant

Charles Barry Stevens

Date Filed # Docket Text

12/01/2009 1 COMPLAINT against A. Brian Albritton, Roger Alejo, Peterson Bernard, BrianBigelow, Steven Carta, Roger Desjarlais, Sean P. Flynn, Tom Gilbertson, Charlie Green,Tammy Hall, Karen B. Hawes, Hugh D. Hayes, Bob Janes, Johnson Engineering, Inc.,Ray Judah, Chad Lach, Lee County Florida, Lee County Value Adjustment Board,Frank Mann, William M. Martin, Jack N. Peterson, Cynthia A. Pivacek, Skip Quillen,David P. Rhodes, Reagan Kathleen Russell, Lori L. Rutland, Mike Scott, Gerald D.Siebens, State of Florida Attorney General, State of Florida, Board of Trustees of theInternal Improvement Trust Fund, State of Florida, Department of Environmental, E.Kenneth Stegeby, Charles "Barry&quo Stevens, United States Attorney(s), Kenneth M.Wilkinson., filed by Jennifer Franklin Prescott.(lh) [Transferred from flsd on 12/4/2009.](Entered: 12/02/2009)

12/01/2009 2 Filing fee: For new case $ 350.00, receipt number 726644 (lh) [Transferred from flsd on12/4/2009.] (Entered: 12/02/2009)

12/04/2009 3 ORDER Transferring and Closing Case. The Clerk of the Court is hereby directed toCLOSE this case. Signed by Senior Judge Kenneth L. Ryskamp on 12/3/2009. (asl)[Transferred from flsd on 12/4/2009.] (Entered: 12/04/2009)



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[Transferred from flsd on 12/4/2009.] (Entered: 12/02/2009)

12/04/2009 4 Case transferred in from Florida Southern; Case Number 9:09-cv-82359. Original filewith documents numbered 1 - 3, certified copy of transfer order and docket sheetreceived. (Entered: 12/04/2009)

12/04/2009 5 EMERGENCY MOTION for miscellaneous relief, specifically to enjoin fraudulentjudgments and execution of fraudulent judgments case #2:07-00228-cv-FtM-29-SPC,DOC. #386 by Jennifer Franklin Prescott, Jorg Busse. (Attachments: # 1 MainDocument, # 2 Main Document, # 3 Main Document)(kma) (Entered: 12/04/2009)

12/07/2009 6 Case reassigned Unassigned Judge and Magistrate Judge Sheri Polster Chappell. Newcase number: 2:09-cv-791-FtM-99SPC. (drn) (Entered: 12/07/2009)

12/07/2009 7 STANDING ORDER: Filing of documents that exceed twenty-five pages.Signed by AllDivisional Judges on 8/20/08. (drn) (Entered: 12/07/2009)

12/07/2009 Summons issued as to Mike Scott, Lee County Value Adjustment Board, Lori L.Rutland. (SLU) (Entered: 12/07/2009)

12/07/2009 Summons issued as to Cynthia A. Pivacek, Hugh D. Hayes, Kenneth M. Wilkinson.(SLU) (Entered: 12/07/2009)

12/07/2009 Summons issued as to Peterson Bernard, Roger Alejo, Jack N. Peterson. (SLU)(Entered: 12/07/2009)

12/07/2009 Summons issued as to Charlie Green, A. Brian Albritton, Steven Carta. (SLU) (Entered:12/07/2009)

12/07/2009 Summons issued as to Chad Lach, Johnson Engineering, Inc., State of Florida AttorneyGeneral, Skip Quillen, Roger Desjarlais. (SLU) (Entered: 12/07/2009)

12/07/2009 Summons issued as to State of Florida, Board of Trustees of the Internal ImprovementTrust Fund, Reagan Kathleen Russell, Bob Janes. (SLU) (Entered: 12/07/2009)

12/07/2009 Summons issued as to David P. Rhodes, William M. Martin. (SLU) (Entered:12/07/2009)

12/07/2009 Summons issued as to Charles Barry Stevens. (SLU) (Entered: 12/07/2009)

12/07/2009 8 NOTICE OF APPEAL; MOTION to reconcile "order transferring & closing case", Doc.#3, with 04/21/2009 Federal Appellate denial of Def. Wilkinson's motion and thedispositive declaration of plaintiffs' unimpeachable riparian gulf-front street recordownership; NOTICE of summons and/or service upon defendants U.S. Attorney,Kenneth M. Wilkinson, Roger Alejo, Jack N. Peterson, A. Brian Albritton, Lee County,FL by Jennifer Franklin Prescott, Jorg Busse. Filing fee not paid. (kma) (Entered:12/08/2009)

12/07/2009 9 NOTICE OF APPEAL; MOTION to reconcile "order transferring & closing case", Doc.#3, with 04/21/2009 Federal Appellate denial of Def. Wilkinson's motion and thedispositive declaration of plaintiffs' unimpeachable riparian gulf-front street recordownership; NOTICE of transcript of November 7, 2007 proceedings, in further supportof judicial fraud and corruption, Case #2:07-cv-228-FtM-29SPC by Jennifer Franklin



Prescott, Jorg Busse. Filing fee not paid. (kma) (Entered: 12/08/2009)

12/07/2009 10 NOTICE OF APPEAL; NOTICE of appeal from "order transferring and closing case"and another criminal act of case fixing in exchange for bribes (See Doc #3);CONCLUSIVE dispositive de novo record evidence by Jennifer Franklin Prescott, JorgBusse. Filing fee not paid. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit,# 5 Exhibit, # 6 Exhibit)(kma) (Entered: 12/08/2009)

12/08/2009 Summons issued as to State of Florida, Department of Environmental, Karen B. Hawes,Tom Gilbertson. (SLU) (Entered: 12/08/2009)

12/08/2009 Summons issued as to Brian Bigelow, Sean P. Flynn, Gerald D. Siebens. (SLU) (Entered:12/08/2009)

12/08/2009 Summons issued as to Ray Judah, Tammy Hall, E. Kenneth Stegeby. (SLU) (Entered:12/08/2009)

12/08/2009 TRANSMITTAL of initial appeal package to USCA consisting of certified copies ofnotice of appeal, docket sheet, order/judgment being appealed, and motion, if applicableto USCA re 8 Notice of appeal. (kma) (Entered: 12/08/2009)

12/08/2009 Summons issued as to Frank Mann, Lee County Florida. (SLU) (Entered: 12/08/2009)



12/08/2009 11 NOTICE OF APPEAL and fraud on court(s); 60(b) MOTION for relief fromgovernmental corruption and fraud pursuant to de novo record evidence of gov. crimes &corruption in Cases #2:07-cv-228-FtM-JES-SPC and 2:09-cv-00791-UA-SPC;NOTICE of corruption, criminal case fixing, extrinsic fraud by named defendant corruptJudge John E. Steele, who dis-allowed the plaintiff(s) "to assert" the truth and obstructedjustice by Jennifer Franklin Prescott, Jorg Busse. Filing fee not paid. (kma) (Entered:12/08/2009)


12/08/2009 12 NOTICE OF APPEAL and fraud on court(s); DEMAND for filing of plaintiffs' entirecomplaint and independent action for relief from fraud, fraud on courts, governmentalcorruption & extension of "Lee County" forgeries pursuant to de novo record evidence ofgov. crimes & corruption; NOTICE of incompletely filed complaint by Jennifer FranklinPrescott, Jorg Busse. Filing fee not paid. (kma) (Entered: 12/08/2009)

12/08/2009 TRANSMITTAL of initial appeal package to USCA consisting of certified copies ofnotice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable



to USCA re 12 Notice of appeal. (kma) (Entered: 12/08/2009)

12/08/2009 13 NOTICE OF APPEAL and fraud on court(s); Governmental corruption and forgeryrecord evidence: Record transcript of proceedings on 11/07/07, 2:07-cv-228-FtM-JES-SPC in support of fraudulent governmental pretenses of "frivolity" and custom & policy ofsanctioning the pro se plaintiff owners; Well-proven custom and policy of governmentalcorruption by Jennifer Franklin Prescott, Jorg Busse. Filing fee not paid. (kma) (Entered:12/08/2009)


12/10/2009 14 Case reassigned to Judge Charlene E. Honeywell. New case number: 2:09-cv-791-FtM-36SPC. Unassigned Judge no longer assigned to the case. (kma) (Entered: 12/10/2009)

12/11/2009 15 NOTICE of extrinsic fraud on courts: governmental corruption & extrinsic fraud recordevidence in support of independent actions for relief and R. 6(b) motions by JenniferFranklin Prescott, Jorg Busse. (drn) (Entered: 12/14/2009)

12/11/2009 16 NOTICE of extrinsic fraud on courts: public corruption & extrinsic fraud record evidence& exhibits in support of independent actions for relief and R. 60(b) motions by JenniferFranklin Prescott, Jorg Busse. (drn) (Entered: 12/15/2009)



12/11/2009 19 NOTICE of extrinsic fraud on courts: governmental corruption & extrinsic fraud recordevidence in support of independent actions for relief and R.60(b) motions by JenniferFranklin Prescott, Jorg Busse. (drn) (Entered: 12/15/2009)

12/11/2009 20 NOTICE of extrinsic fraud on courts: public corruption & extrinsic fraud record evidence& exhibits in support of independent actions for relief and R.60(b) motions by JenniferFranklin Prescott, Jorg Busse. (drn) (Entered: 12/15/2009)

12/11/2009 21 NOTICE OF extrinsic fraud on courts: MOTION for default judgment in favor ofPlaintiffs because O.R. 569/875 was not any genuine issue of material fact, or instrument,but on its face a governmental fraud scheme, and Lee County never had any claim norany chance of success by Jennifer Franklin Prescott, Jorg Busse. (drn) Motions referredto Magistrate Judge Sheri Polster Chappell. (Entered: 12/18/2009)

12/11/2009 22 NOTICE of extrinsic fraud on courts: public corruption & extrinsic fraud record evidencein support of independent actions for relief and R. 60(b) motions by Jennifer FranklinPrescott, Jorg Busse. (drn) (Entered: 12/18/2009)

12/11/2009 23 NOTICE of extrinsic fraud on courts: public corruption & extrinsic fraud record evidence



& exhibits in support of independent actions for relief and R.60(b) motions by JenniferFranklin Prescott, Jorg Busse. (drn) (Entered: 12/18/2009)

12/11/2009 24 NOTICE of extrinsic fraud on courts: public corruption & extrinsic fraud record evidence& exhibits in support of independent actions for relief and R. 60(b) motions by JenniferFranklin Prescott, Jorg Busse. (drn) (Entered: 12/18/2009)

12/11/2009 25 NOTICE of extrinsic fraud on courts: public corruption & extrinsic fraud record evidence& exhibits in support of independent actions for relief and R. 60(b)motions by JenniferFranklin Prescott, Jorg Busse. (drn) (Entered: 12/18/2009)

12/11/2009 26 NOTICE of extrinisic fraud on court(s); Public corruption & extrinsic fraud recordevidence & exhibit(s) in support of independent actions for relief and R. 60 (b) motions:record evidence in support of extrinsic fraud and fraudulent concealment of 'Lee Couty'facial forgeries: non-existent 'parcels' ##'12-44-21-01-0000.00' & '07-44-21-01-00001.0000' by Jennifer Franklin Prescott, Jorg Busse (kma) (Entered: 12/23/2009)

12/11/2009 27 NOTICE of extrinsic fraud on court(s); Governmental corruption & extrinsic fraud recordevidence in support of independent actions for relief and R. 60(b) motions: Transcript of02/29/2009 deposition and perjury by defendant corrupt official Jack N. Peterson whofraudulently concealed "Lee County" facial forgeries: non-existent 'parcels' ## '12-44-20-01-00000.00A0' & '07-44-21-01-00001.0000' by Jennifer Franklin Prescott, JorgBusse (kma) (Entered: 12/23/2009)

12/11/2009 28 NOTICE of extrinsic fraud on court(s); governmental corruption & extrinsic fraud recordevidence in support of independent actions for relief and R. 60(b) motions: federal surveyevidence in support of fraudulent concealment of "Lee County" facial forgeries: non-existent 'parcels' ## '12-44-20-01-00000.00A0' & '07-44-21-01-00001.0000' byJennifer Franklin Prescott, Jorg Busse (kma) (Entered: 12/23/2009)

12/11/2009 29 NOTICE of extrinsic fraud on court(s); Governmental corruption & extrinsic fraud recordevidence in support of independent actions for relief and R. 60(b) motions: Transcript offraudulent 2007 judicial proceedings before defendant crooked U.S. Magistrate S.Polster-Chappell who fraudulently concealed "Lee County" facial forgeries: non-existent'parcels' ## '12-44-20-01-00000.00A0' & '07-44-21-01-00001.0000' by JenniferFranklin Prescott, Jorg Busse (kma) (Entered: 12/23/2009)

12/16/2009 30 NOTICE of fraud on court(s)in previous cases; notice of crooked John Edwin Steele'srecusal obligation in related case(s) and extrinsic fraud by Jennifer Franklin Prescott, JorgBusse (kma) (Entered: 12/23/2009)

12/18/2009 31 MOTION for waiver of any and all appeal fees, which are the direct and proximate resultof facially fraudulent judgments, governmental corruption, extrinsic fraud, fraud on thecourts, extra-judicial fraud, breach of public trust, and coercion under public policy andthe rules of procedure; FRCP 60(b) motion for relef from extrinsic eminent domain fraud,governmental coruption, perjury, perversion of public record under false pretenses of"frivolity" of the conclusive proof of the facial illegality of fake eminent domain "claim";Notice of de novo perjury by defendants J.N. Peterson, R. Alejo, and facially false andfraudulent pretenses of a "resolution", which could not have possibly legally existed or



transferred any property interest or title to Lee County, Florida by Jennifer FranklinPrescott, Jorg Busse. (kma) (Entered: 12/23/2009)

12/21/2009 32 MOTION for mandatory recusal under 28 USC 455; Motion for mandatory recusal ofdef. corrupt U.S. Magistrate S. Polster Chappell, who concocted a "legislative act" (O.R.569/875) and/or extended the record " Lee County" fraud schemes for bribes; Notice ofcorruption, criminal case fixing, extrinsic fraud by named defendants Polster Chappell andSteele, who dis-allowed plaintiff(s) "to assert" the truth and obstructed justice & law;Notice of 12/11/2009 arrest threats against plaintiff Dr. Busse by Jennifer FranklinPrescott, Jorg Busse. (kma) (Entered: 12/23/2009)

12/21/2009 33 MOTION for mandatory recusal under 28 USC 455; Motion for mandatory recusal ofdef. corrupt U.S. Magistrate S. Polster Chappell, who concocted a "legislative act" (OR569/875) and /or extended the record "Lee County" fraud schemes for bribes; Notice ofcorruption, criminal case fixing, extrinsic fraud by named defendants Polster Chappell andSteele, who dis-allowed plaintiff(s) "to assert" the truth and obstructed justice & lawnotice of 12/11/2009 arrest threats against plaintiff Dr. Busse by Jennifer FranklinPrescott, Jorg Busse. (kma) (Entered: 12/23/2009)

12/29/2009 34 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track2. Notice of pendency of other actions due by 1/11/2010. Signed by All DivisionalJudges on 12/29/2009. (LAF) (Entered: 12/29/2009)

12/29/2009 35 INTERESTED PERSONS ORDER. Certificate of interested persons and corporatedisclosure statement due by 1/11/2010. Signed by All Divisional Judges on 12/29/2009.(LAF) (Entered: 12/29/2009)

01/08/2010 36 ORDER denying 32 the Plaintiffs Jennifer Franklin Prescott and Dr. Jorge Busses Motionfor Mandatory Recusal 28 U.S.C. § 445.. Signed by Magistrate Judge Sheri PolsterChappell on 1/8/2010. (LMH) (Entered: 01/08/2010)

01/08/2010 37 ORDER denying 33 the Plaintiffs Jennifer Franklin Prescott and Dr. Jorge Busses Motionfor Mandatory Recusal under 28 U.S.C. § 445. Signed by Magistrate Judge SheriPolster Chappell on 1/8/2010. (LMH) (Entered: 01/08/2010)

01/08/2010 38 ORDER denying 21 the Plaintiffs Jennifer Franklin Prescott and Dr. Jorge Busses Motionfor Default Judgment. Signed by Magistrate Judge Sheri Polster Chappell on 1/8/2010.(LMH) (Entered: 01/08/2010)

01/08/2010 45 MOTION for mandatory recusal of def. corrupt U.S. Magistrate S. PolsterChappell...(see scanned pleading for complete title) by Jorg Busse, Jennifer FranklinPrescott. (Attachments: #(1) Exhibit)(drn) (Entered: 01/26/2010)

01/08/2010 46 CERTIFICATE OF INTERESTED PERSONS & victims of false, forged andunrecorded scam O.R. 569/875. (drn) (Entered: 01/26/2010)

01/08/2010 47 MOTION for miscellaneous relief, specifically to set aside fraudulent order (Doc. 36) andfor relief by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 01/26/2010)

01/08/2010 48 MOTION for miscellaneous relief, specifically for relief from crooked Polster Chappell'sfraud...(see scanned pleading for complete title) by Jorg Busse, Jennifer Franklin Prescott.



(drn) (Entered: 01/26/2010)

01/11/2010 39 ORDER of USCA (certified copy) dismissing for want of prosecution as to 12 Notice ofappeal filed by Jorg Busse, Jennifer Franklin Prescott. EOD: 1/7/10; USCA number: 09-16207-H. (slp) (Entered: 01/14/2010)





01/11/2010 49 MOTION to set aside fraudulent order re: 38 Order on motion for default judgment,MOTION for recusal (see scanned document for complete title) by Jorg Busse, JenniferFranklin Prescott. (drn) (Entered: 01/28/2010)

01/11/2010 50 MOTION to set aside fraudulent order re: 38 Order on motion for default judgment,MOTION for recusal (see scanned pleading for complete title) by Jorg Busse, JenniferFranklin Prescott. (drn) (Entered: 01/28/2010)

01/11/2010 51 MOTION to set aside fraudulent order re: 37 Order on Motion for Miscellaneous Relief,MOTION for recusal (see scanned pleading for complete title) by Jorg Busse, JenniferFranklin Prescott. (drn) (Entered: 01/28/2010)


01/15/2010 52 NOTICE of fraud & fabrication of "resolution" by Jorg Busse, Jennifer Franklin Prescott.(Attachments: #(1) Exhibits)(drn) (Entered: 02/01/2010)

01/15/2010 53 NOTICE of fraud & fabrication of resolution by Jorg Busse, Jennifer Franklin Prescott.(drn) (Entered: 02/01/2010)

01/15/2010 54 NOTICE OF APPEAL, fraud & fabrication of resolution as to 38 Order on motion fordefault judgment, 36 Order on motion for recusal, 37 Order on Motion for MiscellaneousRelief by Jorg Busse, Jennifer Franklin Prescott. Filing fee not paid. (drn) (Entered:02/01/2010)

01/15/2010 55 NOTICE of doc. 282 in appeal by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered:02/01/2010)



01/15/2010 56 NOTICE of doc. 282 in appeal by Jorg Busse, Jennifer Franklin Prescott (Attachments:#(1) Exhibits)(drn) (Entered: 02/01/2010)

01/26/2010 57 NOTICE of vab fraud & fabrication of resolution by Jorg Busse, Jennifer FranklinPrescott. (drn) (Entered: 02/02/2010)


01/26/2010 59 NOTICE of fraud & fabrication of resolution by Jorg Busse, Jennifer Franklin Prescott.(Attachments: #(1) Exhibit)(drn) (Entered: 02/02/2010)

01/26/2010 60 MOTION for recusal by Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1)Exhibits)(drn) (Entered: 02/02/2010)

01/26/2010 61 NOTICE of fraud & fabrication of resolution by Jorg Busse, Jennifer Franklin Prescott.(Attachments: #(1) Exhibits)(drn) (Entered: 02/02/2010)

01/26/2010 62 NOTICE of fraud & fabrication of resoltuion by Jorg Busse, Jennifer Franklin Prescott.(Attachments: #(1) Exhibits)(drn) (Entered: 02/02/2010)

01/27/2010 63 NOTICE of vab fraud & fabrication of resolution by Jorg Busse, Jennifer FranklinPrescott. (Attachments: #(1) Exhibits)(drn) (Entered: 02/05/2010)

02/08/2010 64 EMERGENCY MOTION to stay writ of execution in related Case # 2-07-cv-228-FtM-29SPC by Jorg Busse, Jennifer Franklin Prescott. (Attachments: # 1 MainDocument)(kma) (Entered: 02/08/2010)

02/08/2010 65 NOTICE of vab fraud & fabrication of resolution by Jorg Busse, Jennifer FranklinPrescott. (Attachments: #(1) Exhibits)(drn) (Entered: 02/10/2010)

02/09/2010 TRANSMITTAL of initial appeal package to USCA consisting of certified copies ofnotice of appeal, docket sheet, order/judgment being appealed, and motion, if applicableto USCA re 54 Notice of appeal. (slp) (Entered: 02/09/2010)


02/16/2010 67 MOTION for miscellaneous relief, specifically emergency motion for release of fraudulentlien by Jorg Busse, Jennifer Franklin Prescott. (SPB) (Entered: 02/16/2010)

02/17/2010 68 ORDER denying 64 Emergency Motion To Stay Writ of Execution as this Court has noauthority to stay the writ. Additionally, Plaintiff's Emergency Motion for Relief 5 and 67 isnot deemed an emergency and will be addressed in due course. Signed by JudgeCharlene E. Honeywell on 2/17/2010. (BGS) (Entered: 02/17/2010)

02/26/2010 69 MOTION to dismiss Complaint and for Prescreening Injunction by A. Brian Albritton,Sean P. Flynn, David P. Rhodes, E. Kenneth Stegeby. (Attachments: # 1 ExhibitA)(Corinis, Jennifer) (Entered: 02/26/2010)

02/26/2010 70 MOTION to transfer case to the Honorable Richard A. Lazzara by A. Brian Albritton,Sean P. Flynn, David P. Rhodes, E. Kenneth Stegeby. (Corinis, Jennifer) (Entered:



02/26/2010)

03/01/2010 71 NOTICE of plaintiffs' previous notice of appeal (see scanned document for complete titleof pleading) by Jorg Busse, Jennifer Franklin Prescott (Attachments: #(1) Exhibit)(drn)(Entered: 03/02/2010)

03/01/2010 72 MOTION for miscellaneous relief, specifically to enjoin "judge shopping" and enforcecourts own order by Jorg Busse, Jennifer Franklin Prescott. (drn) #(1) Exhibit) (drn).(Entered: 03/02/2010)

03/05/2010 73 EMERGENCY MOTION to enjoin defendants' title fraud & fraud on the court, and anygovernment/judicial sale by Jorg Busse, Jennifer Franklin Prescott. (kma) (Entered:03/05/2010)

03/05/2010 74 EMERGENCY MOTION for miscellaneous relief, specifically for judicial notice ofappeal and payment of appeal fees in U.S. District Court (see scanned pleading for fulltitle) by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 03/08/2010)

03/05/2010 75 MOTION for miscellaneous relief, specifically judicial notice of defendants' fraud on thecourt (see scanned pleading for full title) by Jorg Busse, Jennifer Franklin Prescott.(Attachments: #(1) Exhibits)(drn) (Entered: 03/08/2010)

03/05/2010 76 MOTION for miscellaneous relief, specifically from defendants' fraud on court (seescanned pleading for full title) by Jorg Busse, Jennifer Franklin Prescott. (Attachments:#(1) Exhibits)(drn) (Entered: 03/08/2010)

03/05/2010 77 NOTICES of unavailability by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered:03/09/2010)

03/05/2010 78 AFFIDAVIT in support of governmental corruption, fraud, and fraud on the court of JorgBusse by Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1) Exhibits)(drn)(Entered: 03/09/2010)

03/09/2010 79 ORDERED that upon review of Plaintiff's Emergency Motion 73 , the Court finds noemergency has been presented. Therefore, the motion will be addressed in due courseafter Defendants have had the opportunity to respond. Signed by Judge Charlene E.Honeywell on 3/9/2010. (BGS) (Entered: 03/09/2010)

03/09/2010 80 MOTION to strike and for sanctions by A. Brian Albritton, Sean P. Flynn, David P.Rhodes, E. Kenneth Stegeby. (Corinis, Jennifer) Motions referred to Magistrate JudgeSheri Polster Chappell. (Entered: 03/09/2010)

03/12/2010 81 NOTICE of unavailability notice of publication of defendants' fraud & fraud on the court(see scanned document for complete title) Jorg Busse, Jennifer Franklin Prescott. (drn)(Entered: 03/12/2010)

03/12/2010 82 MOTION for miscellaneous relief, specifically enjoin governmental fraudulentconcealment of uncontroverted eminent domain record forgeries and obstruction of justiceand court access by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 03/15/2010)

03/12/2010 83 MOTION for miscellaneous relief, specifically for reconsideration and declaratory



statements of the emergency of judicial case fixing, fraud on the courts and bribery byJorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 03/15/2010)

03/12/2010 84 MOTION to compel defendants' responses and declare defendants' previous pleadingsnot responsive (see scanned document for complete title) by Jorg Busse, Jennifer FranklinPrescott. (drn) Motions referred to Magistrate Judge Sheri Polster Chappell. (Entered:03/15/2010)

03/15/2010 85 EMERGENCY MOTION for miscellaneous relief, specifically for immediate(emergency) screening of the prima facie illegality and nullity of Lee County scam O.R.569/875 (see scanned document for complete title) by Jorg Busse, Jennifer FranklinPrescott. (drn) (Entered: 03/16/2010)

03/15/2010 86 EMERGENCY MOTION for miscellaneous relief, specifically to enjoin governmentalextortion & threats by defendant U.S. Agents, judges and counsel (see scanneddocument for complete title) by Jorg Busse, Jennifer Franklin Prescott. (Attachments:#(1) Exhibits)(drn) (Entered: 03/16/2010)

03/15/2010 87 PROOF of service by Jorg Busse, Jennifer Franklin Prescott as to Kenneth M.Wilkinson. (drn) (Entered: 03/17/2010)

03/15/2010 88 PROOF of service by Jorg Busse, Jennifer Franklin Prescott as to Mike Scott. (drn)(Entered: 03/17/2010)

03/15/2010 89 MOTION for default judgment in plaintiffs' favor in this independent action for relief fromgovernmental fraud and direct attack on governmental extortion & fraud (see scanneddocument for complete title) by Jorg Busse, Jennifer Franklin Prescott. (Attachments:#(1) Exhibits)(drn) Motions referred to Magistrate Judge Sheri Polster Chappell.(Entered: 03/17/2010)

03/15/2010 90 MOTION for miscellaneous relief, specifically immediate removal of court officerCorinins and objection to perpetration of fraud (see scanned document for complete title)by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 03/17/2010)

03/15/2010 91 MEMORANDUM and record evidence of extrinsic fraud by defendant U.S. Attorneysand counsel Jennifer Waugh Corinis filed by Jorg Busse, Jennifer Franklin Prescott.(Attachments: #(1) Exhibits)(drn) (Entered: 03/17/2010)

03/16/2010 92 PROOF of service by Jorg Busse, Jennifer Franklin Prescott as to Charlie Green.(Attachments: #(1) Exhibits)(drn) (Entered: 03/17/2010)

03/16/2010 93 PROOF of service by Jorg Busse, Jennifer Franklin Prescott as to Jack N. Peterson.(Attachments: #(1) Exhibits)(drn) (Entered: 03/17/2010)

03/16/2010 94 NOTICE to the Courts to take judicial notice (see scanned document for complete title ofpleading) by Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1) Exhibits)(drn)(Entered: 03/18/2010)

03/16/2010 95 NOTICE to the Courts to take judicial notice (see scanned document for complete title)by Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1) Exhibits)(drn) (Entered:03/18/2010)



03/22/2010 96 ORDER of USCA (certified copy) DISMISSING for want of prosecution as to 54Notice of appeal filed by Jorg Busse, Jennifer Franklin Prescott. EOD: 03/17/10; USCAnumber: 10-10645-F. (slp) (Entered: 03/23/2010)

03/23/2010 97 MOTION for miscellaneous relief, specifically Injunctive Relief by A. Brian Albritton,Sean P. Flynn, David P. Rhodes, E. Kenneth Stegeby. (Corinis, Jennifer) (Entered:03/23/2010)

03/25/2010 98 ORDER granting in part and denying in part 80 The Defendants, A. Brian Albritton,David P. Rhodes, Sean P. Flynn, and E. Kenneth Stegebys (USAO Defendants) Motionto Strike Plaintiffs Notices (Doc. # 74, 75, and 76) and for an Award of MonetarySanctions. The Defendants, A. Brian Albritton, David P. Rhodes, Sean P. Flynn, and E.Kenneth Stegebys (USAO Defendants) Motion to Strike Plaintiffs Notices isGRANTED. The Clerk of the Court is hereby directed to STRIKE (Docs. # 74, 75, and76). (2) The Defendants, A. Brian Albritton, David P. Rhodes, Sean P. Flynn, and E.Kenneth Stegebys (USAO Defendants) Motion for Rule 11 Sanctions is DENIEDSigned by Magistrate Judge Sheri Polster Chappell on 3/25/2010. (LMH) (Entered:03/25/2010)

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UNITED STATES DISTRICT COURTMIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION

JENNIFER FRANKLIN PRESCOTT; JORGBUSSE,

Plaintiffs,

-vs- Case No. 2:09-cv-791-FtM-36SPC

ROGER ALEJO; KENNETH M. WILKINSON;JACK N. PETERSON; ROGER DESJARLAIS;LEE COUNTY FLORIDA; LEE COUNTYVALUE ADJUSTMENT BOARD; LORI L.RUTLAND; STATE OF FLORIDA, BOARD ofTRUSTEES of the INTERNAL IMPROVEMENTTRUST FUND; STATE OF FLORIDA,DEPARTMENT of ENVIRONMENTAL,Protection; CHAD LACH; REAGAN KATHLEENRUSSELL; KAREN B. HAWES; CHARLIEGREEN; BOB JANES; BRIAN BIGELOW; RAYJUDAH; TAMMY HALL; FRANK MANN;UNITED STATES ATTORNEY(s); SEAN P.FLYNN; E. KENNETH STEGEBY; DAVID P.RHODES; A. BRIAN ALBRITTON; CYNTHIA A.PIVACEK; JOHNSON ENGINEERING, INC.; STEVEN CARTA; MIKE SCOTT; HUGH D.HAYES; GERALD D. SIEBENS; STATE ofFLORIDA ATTORNEY GENERAL; WILLIAMM. MARTIN; PETERSON BERNARD; SKIPQUILLEN; TOM GILBERTSON; CHARLESBARRY STEVENS,

Defendants.______________________________________

ORDER

This matter comes before the Court on the Defendants, A. Brian Albritton, David P. Rhodes,

Sean P. Flynn, and E. Kenneth Stegeby’s (USAO Defendants) Motion to Strike Plaintiffs’ Notices

(Doc. # 74, 75, and 76) and for an Award of Monetary Sanctions (Doc. #80) filed on March 9, 2010.


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Federal Rule of Civil Procedure 12(f) provides that the Court may order “any insufficient

defense or any redundant, immaterial, impertinent, or scandalous matter” be stricken from a

pleading. Harvey v. Home Depot U.S.A., Inc., 2005 WL 1421170 (M.D. Fla. June 17, 2005). In

evaluating a motion to strike, the court must treat all well pleaded facts as admitted and cannot

consider matters beyond the pleadings. Microsoft Corp. v. Jesse’s Computers & Repair, Inc., 211

F.R.D. 681, 683 (M.D. Fla. 2002). A motion to strike will usually be denied unless the allegations

have no possible relation to the controversy and may cause prejudice to one of the parties. Harvey,

2005 WL 1421170 (citing Scelta v. Delicatessen Support Services, Inc., 57 F. Supp. 2d 1327, 1347

(M.D. Fla. 1997).

The UASO Defendants move to strike the Plaintiff’s Motion for Judicial Notice of Appeal

and Notice of Publications of Defendants’ Fraud (Doc .# 74), Motion for Judicial Notice of

Defendants’ Fraud upon the Court and Notice of Publications of Defendants’ Fraud (Doc. # 75), and

Motion for Relief from Defendants’ Fraud upon the Court and Notice of Publications of Defendants’

Fraud (Doc. # 76), all filed on March 8, 2010, as an immaterial, impertinent and scandalous matter.

The USAO Defendants further request the court exercise its inherent authority to award sanctions

against Plaintiffs Prescott and Busse.

As grounds, the USAO Defendants state that all three Motions contain irrelevant, scandalous

material, and that the Plaintiffs are merely using this case to harass any individual that has opposed

them in their previous lawsuits. As an example, the Plaintiff referred to AUSA Jennifer Corinis as

“Jennifer Whore Corinis.” (Doc. # 75 ¶ 15). The Plaintiff continually asserts that Judges in the

Middle District of Florida are corrupt and have participated in a conspiracy against him. The

allegations appear to be based solely on the fact that the Plaintiff received adverse rulings from


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A motion to strike will usually be denied unless the allegations have no possible relation to the controversy and may cause prejudice to one of the parties. Harvey, 2005 WL 1421170 (citing Scelta v. Delicatessen Support Services, Inc., 57 F. Supp. 2d 1327, 1347 (M.D. Fla. 1997).

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(Doc .# 74),

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(Doc. # 75),

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(Doc. # 76),

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judges in the Middle District of Florida and from the Eleventh Circuit. A review of the Plaintiff’s

filings demonstrate that the Plaintiff’s Motions are immaterial and scandalous, and do not present

legal arguments for the Court’s review. Therefore, the Court finds good cause to strike the Motions.

The USAO Defendants also move the Court to impose sanctions, under Rule 11, on the

Plaintiffs for bringing the Motions. The purpose of Rule 11 sanctions is to reduce frivolous claims

defenses, or motions and to deter costly meritless maneuvers. Massengale v. Ray, 267 F.3d 1298,

1302 (11th Cir. 2001). Rule 11 requires district courts to impose appropriate sanctions, after notice

and a reasonable opportunity to respond where an attorney or party submits a pleading to the court

that: (1) is not well-grounded in fact and therefore has no reasonable factual basis; (2) is not legally

tenable; or (3) is submitted in bad faith for an improper purpose. Ricccard v. Prudential Insurance

Company, 307 F.3d 1277, 1294 (11th Cir. 2002) (citing Fed. R. Civ. P. 11(b)).

The USAO Defendant’s Rule 11 Motion is due to be denied for failure to comply with the

Rule’s requirements. First, a motion for Rule 11 sanctions must be filed separately from other

motions or requests. Nicarry v. Cannaday, 2006 WL 3931449 * 3 (M.D. Fla. December 7, 2006).

Further, the motion must be served in accordance with Rule 5, but should not be presented to the

court until after opposing counsel has been given a twenty-one (21) day “safe harbor” period in

which to correct or withdraw the offending document. Id. (citing DeShiro v. Branch, 183 F.R.D. 281

(M.D.Fla.1998) (explaining in detail the “safe harbor” period). Here, the USAO Defendant’s

included the Rule 11 Motion with their Motion to Strike and they fail to comply with the “safety

harbor” provision. Thus the Motion for Rule 11 Sanctions is due to be denied at this time.

However, the Court cautions the Plaintiffs that future filings containing immaterial and scandalous

matters may result in sanctions being imposed.


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Accordingly, it is now

ORDERED:

The Defendants, A. Brian Albritton, David P. Rhodes, Sean P. Flynn, and E. Kenneth

Stegeby’s (USAO Defendants) Motion to Strike Plaintiffs’ Notices (Doc. # 74, 75, and 76) and for

an Award of Monetary Sanctions (Doc. #80) is GRANTED in part and DENIED in part.

(1) The Defendants, A. Brian Albritton, David P. Rhodes, Sean P. Flynn, and E. Kenneth

Stegeby’s (USAO Defendants) Motion to Strike Plaintiffs’ Notices is GRANTED. The Clerk of the

Court is hereby directed to STRIKE (Docs. # 74, 75, and 76).

(2) The Defendants, A. Brian Albritton, David P. Rhodes, Sean P. Flynn, and E. Kenneth

Stegeby’s (USAO Defendants) Motion for Rule 11 Sanctions is DENIED.

DONE AND ORDERED at Fort Myers, Florida, this 25th day of March, 2010.

Copies: All Parties of Record
