very frightening - u.s. judicial corruption & fraud (1) 27663072

8/9/2019 Very Frightening - U.S. JUDICIAL CORRUPTION & FRAUD (1) 27663072

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VERY FRIGHTENING

INDEED!

Dr. Busse, I just now spent some time reading this hearing of appearance on

November 7th, 2007 in which you appeared. Sherri Johnson was the attorney forKenneth Wilkinson. This was just unbelievable. Is there a lot A and a Block 1, avery simple question....which I can clearly see what you were referring to and tryingto point out, as there is none. It seemed that no one wanted to be accountable forthis or even accountable to answer to you. They put it on a "merry go round and itis still going around" They present themselves in court as though they "see no evil,hear no evil and speak no evil". Very frightening what is going on in the courtsystem. Again... I cannot stress to you any stronger than this, but may God helpthem in the hour that they are going to need it the most, because I don't believethat they have any clue what they are going to be facing if they don't repent for

what they have done.I can see that they are very clever at what they do....and all with their "legal mumbo

jumbo" Their biggest defense. Sincerely, Angela

YES, THE WORLD HAS BEEN SEEING THE TRUTH THAT THERE WAS

NO LOT A [FAKE PARCEL/LOT 12-44-20-01-00000.00A0]

[A CHILD COULD TELL THAT NO SUCH LOT WAS EVER PLATTED]

NO LEE COUNTY TITLE

NO EMINENT DOMAINPROCEEDINGS

NO FRIVOLITY AS FABRICATED BY FEDERAL JUDGES

PLAIN AND SHORT, THERE HAS BEEN MASSIVE U.S. GOVERNMENTALCORRUPTION AND FRAUD UNDER FALSE PRETENSES OF, E.G., SAIDFORGED LOT AND FORGED AND NULL AND VOID CLAIM O.R. 569/875

ON ITS FACE, O.R. 569/875 IS HUGE SCAM AND LAND GRAB, AND THEFEDERAL JUDGES HAVE BEEN THREATENING THE PLAINTIFFS WITHFURTHER PUNISHMENT FOR BLOWING THE WHISTLE ON SAIDCORRUPTION AND FRAUD. HERE, U.S. JUDGES HAVE BEENFRAUDULENTLY CONCEALING SAID WELL-PROVEN CORRUPTION ANDBRIBERY.


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UNITED STATES DISTRICT COURTMIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION

JORG BUSSE

Plaintiff,

vs. Case No. 2:07-cv-228-FtM-29SPC

LEE COUNTY, FLORIDA; BOARD OF LEECOUNTY COMMISSIONERS; KENNETH M.WILKINSON; LEE COUNTY PROPERTYAPPRAISERS OFFICE; STATE OF

FLORIDA, BOARD OF [PAST & PRESENT]TRUSTEES OF THE INTERNAL IMPROVEMENTTRUST FUND, STATE OF FLORIDADEPARTMENT OF ENVIRONMENTALPROTECTION, AND DIVISION OFRECREATION AND PARKS; LEE COUNTYATTORNEY; JACK N. PETERSON,

Defendants.___________________________________

OPINION AND ORDER

This matter comes before the Court on the following motions:

(1) defendant Property Appraisers Motion to Dismiss and Close File

(Doc. #285), to which plaintiff filed a Response (Doc. #302); (2)

defendants State of Florida Board of Trustees of the Internal

Improvement Trust Fund (Trustees) and Florida Department of

Environmental Protections (DEP) Joint Motion to Dismiss for Lack

of Jurisdiction and for Failure to State a Cause of Action (Doc.

#291), to which plaintiff filed a Response (Doc. #316); (3)

defendant The Lee County Appraisers Motion to Dismiss for Lack of


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Jurisdiction (Doc. #303), to which plaintiff filed a Response (Doc.

#317); and (4) defendant Board of Lee County Commissioners Motion

to Dismiss (Doc. #304), to which plaintiff filed a Response (Doc.

#318). Because Plaintiff is proceedingpro se, his pleadings are

held to a less stringent standard than pleadings drafted by an

attorney and will be liberally construed. Hughes v. Lott, 350 F.3d

1157, 1160 (11th Cir. 2003).

I.

On December 10, 1969, the Board of County Commissioners of Lee

County, Florida adopted the Resolution Pertaining to Public Lands

in Cayo Costa Subdivision, Book 569, page 875 (the Resolution).

The Resolution stated that the Second Revised Plat of the Cayo

Costa Subdivision contained certain designated lot and block areas

and other undesignated areas. The Resolution further noted that

the plat contained certain un-numbered and unlettered areas lying

East of the Easterly tier of blocks in the subdivision and lying

West of the Westerly tier of blocks in the subdivision. The

Resolution stated that Lee County claimed the lands to the east and

west of the tier of blocks as public lands together with all

accretions thereto and does by this Resolution claim all of said

lands and accretions thereto for the use and benefit of the public

for public purposes. (Doc. #288, p. 9.)

Plaintiff Jorg Busse (plaintiff or Dr. Busse) asserts he is

the current owner of Lot 15A of the Cayo Costa Subdivision and


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accretions thereto. (Doc. #288, 1, 2.) Plaintiff describes Lot

15A as being more than approximately 2.5 acres fronting the Gulf of

Mexico with an estimated fair market value of more than $2 million.

(Id. at 6.) Plaintiff asserts that the Resolution violates his

property rights in Lot 15A, which includes accretions, under both

federal and state law.

Count 1 sets forth a claim under 42 U.S.C. 1983. Plaintiff

alleges that the Resolution deprived him of his riparian rights,

private easements, accreted property and privileges secured by the

United States Constitution. Specifically, plaintiff asserts that

Lee County had no home rule powers or jurisdiction over the

undedicated Cayo Costa Subdivision, and therefore the Resolution

was unenforceable and in violation of the United States

Constitution. (Doc. #288, 13.) Plaintiff asserts that defendants

confiscated more than 2.5 acres of his accreted property without

compensation in violation of the Takings Clause of the Fifth

Amendment, the Due Process Clause of the Fourteenth Amendment, and

the Equal Protection Clause of the Fourteenth Amendment (Id. at

14.) Plaintiff asserts that defendants also illegally took more

than 200 acres of private accretions onto Cayo Costa pursuant to

the Resolution, all without compensation. (Id. at 15.) Further,

plaintiff asserts that Defendant State Actors claimed riparian

rights to Lots 38A and 41A which they denied to plaintiff, thereby

unlawfully discriminating against plaintiff because he is entitled

to equal rights as the State property owner. (Id. at 16, 27.)


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Count 2 alleges an unconstitutional temporary taking under

color of the Resolution. Plaintiff asserts that the Resolution was

never signed, executed or acknowledged and did not meet resolution

and recording requirements, and was therefore not entitled to be

recorded and must be stricken from the public record. (Id. at

17.) Plaintiff further alleges that the Cayo Costa Subdivision

was outside of Lee Countys home rule powers, and therefore the

State and County had no powers to adopt resolutions or ordinances,

and therefore the Resolution is unenforceable and ineffectual and

the County capriciously grabbed private accreted land and

easements. (Id. at 18.) Plaintiff asserts that defendants took

his accretions onto the riparian gulf front Lot 15A without

authority, justification, due process of law, public notice,

hearing, vote count, or compensation, and that this unauthorized

unconstitutional taking injured plaintiff and destroyed his

property value. (Id. at 19.)

Count 3 sets forth a state law claim for trespass. Plaintiff

alleges that since the 1969 Resolution the defendants have asserted

that Lee County is the owner of the Cayo Costa accretions and have

induced and caused the public to intrude onto the private beaches

and other areas on Cayo Costa, injuring plaintiffs property. (Id.

at 20-21.) Plaintiff asserts that the State cannot exercise

power within the Subdivision east of the mean high water mark of

the Gulf of Mexico and west of the mean high water mark of

Charlotte Harbor. (Id. at 22.)


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Count 4 alleges a conspiracy to fabricate, fraud and

malfeasance. Plaintiff asserts that the Lee County Property

Appraiser claimed that the Resolution entitled Lee County to

ownership of the accreted property, but the County Appraiser has

admitted that Lee County was not empowered to adopt the Resolution.

(Id. at 23.) Plaintiff asserts that the Resolution on its face

did not meet recording or resolution requirements, and that the

County Appraiser had a professional duty to verify the validity of

the sham Resolution under the Uniform Standards of Professional

Appraisal Practice. (Id.) Plaintiff alleges that without evidence

of title, defendants conspired to concoct an un-plated lot, block

and park for the benefit of the State and County. (Id. at 24.)

Plaintiff also asserts that defendant denied agricultural

classification to his accreted lot. (Id.) Plaintiff asserts that

defendants destroyed most of his property value, deprived him of

private easements without compensation, and denied equal protection

in a land grab scheme. (Id.) Plaintiff describes the agreement as

being to assist the unconstitutional confiscation of the

accretions. (Id. at 25.) Plaintiff also asserts that the County

Appraiser made incompetent valuation reports which were

controverted by other comparable sales data and done in violation

of Federal Appraisal Standards, but defendant continued to slander

plaintiffs perfect title. (Id. at 26.) As a result, plaintiff

received purchase offers far below market value and the County

Appraiser has committed malfeasance and abuse of position. (Id.)


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Count 5 alleges a conspiracy to materially misrepresent and

defraud. Plaintiff asserts that Lee County does not hold title to

the accreted property pursuant to the Resolution, and there has

been no proceedings such as eminent domain or adverse possession.

(Id. at 29.) Plaintiff asserts that Lee Countys claims of

ownership of the accretions therefore violated the Fifth Amendment

Takings Clause, and therefore defendants deprived the public of tax

revenues which could have been received from the private accretions

and easements. (Id.) Plaintiff asserts that defendants conspired

to misrepresent the extent of the Army Corps of Engineers

authority over his lagoon. (Id. at 32.)

Count 6 alleges oppression and slander of title by defendant

Peterson for failing to challenge the invalidity of the Resolution

despite his questions about its validity. (Id. at 33-35.)

The Third Amended Complaint asserts the Court has jurisdiction

based on the Civil Rights Act (42 U.S.C. 1983), 28 U.S.C. 1343,

Articles 3 and 4 of the United States Constitution, and Amendments

4 and 5 of the United States Constitution (Doc. #288, 7), the 1899

Rivers and Harbors Appropriation Act (33 U.S.C. 403)(id. at 8),

the 1862 Homestead Act (id. at 9), the federal common law Doctrine

of Accretion and Erosion (id. at 10), the Federal Appraisal

Standards, Uniform Standards of Professional Appraisal Practice (12

U.S.C. 3331-3351), and the Federal Declaratory Judgment Act (28

U.S.C. 2201)(id. at 12).


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See Lee County v. Morales, 557 So. 2d 652 (Fla. 2d DCA 1990)1

for a description of Cayo Costa island and the Lee County zoninghistory of the island since 1978.

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III.

The Court will first address the federal claims, since these

claims are necessary to provide subject matter jurisdiction. Given

plaintiffs pro se status, the Court reviews the Third Amended

Complaint liberally.

A. Takings Clause Claims:

A consistent theme which runs through several of plaintiffs

counts is that the Resolution constitutes an unconstitutional

taking of his property rights in his subdivision Lot 15A on Cayo

Costa island. The legal principles are well-settled, and preclude1

plaintiffs takings claim.

Plaintiff alleges a violation of the Takings Clause of the

Fifth Amendment, which states in pertinent part nor shall private

property be taken for public use, without just compensation. U.S.

CONST. amend. V. The Fifth Amendment is applied to the States

through the Fourteenth Amendment. Penn Cent. Transp. Co. v. New

York City, 438 U.S. 104, 121-23 (1978). The Third Amended

Complaint may also be read to allege a conspiracy to violate the

Takings Clause.

State law defines the parameters of a plaintiffs property

interest, and whether state law has created a property interest is

a legal question for the court to decide. Morleys Auto Body, Inc.


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v. Hunter, 70 F.3d 1209, 1212 (11th Cir. 1996). Under Florida law

a riparian or littoral owner owns to the line of the ordinary high

water mark on navigable waters, and the riparian or littoral

property rights include the vested right to receive accretions to

the property. Board of Trustees of the Internal Improvement Trust

Fund v. Sand Key Assocs., Ltd., 512 So. 2d 934, 936-37 (Fla. 1987);

Brannon v. Boldt, 958 So. 2d 367, 373 (Fla. 2d DCA 2007). These

rights constitute property, and cannot be taken or destroyed by the

government without just compensation to the owners. Sand Key

Assoc., 512 So. 2d at 936; Lee County v. Kiesel, 705 So. 2d 1013,

1015 (Fla. 2d DCA 1998). By now it is beyond question that a

permanent physical occupation of private property by the state

constitutes a taking for which a landowner must be compensated.

New Port Largo, Inc. v. Monroe County, 95 F.3d 1084, 1088 (11th

Cir. 1996)(citing Lucas v. South Carolina Coastal Council, 505 U.S.

1003, 1015 (1992) and Loretto v. Teleprompter Manhattan CATV Corp.,

458 U.S. 419, 434 (1982)).

Thus while plaintiff has adequately alleged a taking of his

property, a property owner has not suffered a violation of the

Just Compensation Clause until the owner has unsuccessfully

attempted to obtain just compensation through the procedures

provided by the State for obtaining such compensation . . .

Williamson County Regional Planning Commn v. Hamilton Bank, 473

U.S. 172, 195 (1972). Williamson County boils down to the rule

that state courts always have a first shot at adjudicating a


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takings dispute because a federal constitutional claim is not ripe

until the state has denied the would-be plaintiffs compensation

for a putative taking, including by unfavorable judgment in a state

court proceeding. Agripost, LLC v. Miami-Dade County, Fla.,

F.3d , 2008 WL 1790434 (11th Cir. 2008). Without having

pursued such available state court remedies, a plaintiffs Takings

Clause claim is not ripe and therefore a federal district court

lacks jurisdiction to consider it. Williamson County, 473 U.S. at

195; Watson Constr. Co. v. City of Gainsville, 244 Fed. Appx. 274,

277 (11th Cir. 2007); Garbo, Inc. v. City of Key West, Fla., 162

Fed. Appx. 905 (11th Cir. 2006). It has been clear since at least

1990 that Florida law provides a remedy of an inverse or reverse

condemnation suit. Joint Ventures, Inc. v. Department of Transp.,

563 So. 2d 622, 624 (Fla. 1990); Tari v. Collier County, 56 F.3d

1533, 1537 n.12 (11th Cir. 1995); Reahard v. Lee County, 30 F.3d

1412, 1417 (11th Cir. 1994). Additionally, plaintiff could have

pursued an state action for declaratory judgment under FLA. STAT.

86.011, a suit to quiet title, Trustees of Internal Imp. Fund of

State of Florida v. Toffel, 145 So. 2d 737 (Fla. 2d DCA 1962), or

a suit in ejectment if the matter is viewed as a boundary dispute.

Petryni v. Denton, 807 So. 2d 697, 699 (Fla. 2d DCA 2002).

The Third Amended Complaint does not allege that plaintiff

pursued any state relief. Indeed, plaintiff has never suggested

that he has taken any action in state court to quiet title or

receive damages under an inverse or reverse condemnation claim.


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Since there is no showing of federal jurisdiction as to the Takings

Clause claim, the Taking Clause claims and any conspiracy to

violate the Takings Clause in any count will be dismissed without

prejudice.

B. Substantive Due Process Claim:

A liberal reading of the Third Amended Complaint might suggest

that plaintiff also frames the alleged taking of his property

rights as a substantive due process claim under the Fourteenth

Amendment. The Eleventh Circuit has held, however, that there is

no independent substantive due process taking cause of action.

Villas of Lake Jackson, Ltd. v. Leon County, 121 F.3d 610, 612-14

(11th Cir. 1997). Additionally, substantive due process protects

only fundamental rights, that is, those rights which are implicit

in the concept of ordered liberty. Such rights are created by the

Constitution, and do not include property rights. Greenbriar

Village, LLC v. Mountain Brook City, 345 F.3d 1258, 1262 (11th Cir.

2003). Merely asserting that the governments actions were

arbitrary and irrational does not bring the matter within the

protection of the substantive due process provision. Greenbriar

Village, 345 F.3d at 1263-64. Therefore, those portions of counts

in the Third Amended Complaint which attempt to assert a

substantive due process takings claim or conspiracy will be

dismissed.


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C. Procedural Due Process Claim:

Plaintiffs counts may also attempt to state a procedural due

process claim. For example, plaintiff asserts that Lee County had

no home rule powers or jurisdiction over the undedicated Cayo Costa

subdivision (Doc. #288, 13, 18, 23), that the Resolution was

never signed, executed or acknowledged and did not meet resolution

and recording requirements (id. at 17, 23), and that the taking

was without authority, justification, due process, public notice,

hearing, vote count, or compensation (id. at 19).

Procedural due process requires notice and an opportunity to

be heard before any government deprivation of a property interest.

Zipperer v. City of Fort Myers, 41 F.3d 619, 623 (11th Cir. 1995).

Not all government actions, however, are subject to a procedural

due process claim. The Countys action in passing the Resolution

constituted a legislative act, and therefore plaintiff cannot state

a procedural due process claim. 75 Acres, LLC v. Miami-Dade

County, Fla., 338 F.3d 1288, 1294 (11th Cir. 2003). Plaintiff

asserted that the Resolution effecting the taking of more than 200

acres other than his 2.5 acres. This is sufficient to constitute

a legislative act. See, e.g., Bi-Metallic Inv. Co. v. State Bd. of

Equalization, 239 U.S. 441, 445 (1915)(noting that it is

impractical to give every one a voice when a legislative act

applies to more than a few people). Additionally, even if not a

legislative act, a procedural due process claims does not exist


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merely because state mandated procedures were not followed. First

Assembly of God of Naples, Florida, Inc. v. Collier County, Fla.,

20 F.3d 419, 422 (11th Cir. 1994). In this regard, some of the

allegations in the Third Amended Complaint are contradicted by the

Resolution which is attached to it. The copy of the Resolution

attached to the Third Amended Complaint establishes that it was

signed, executed, and duly recorded in the public records, and

plaintiff will not be allowed to assert otherwise. The remaining

claimed defects are arguments concerning state law which do not

arise to a constitutional level. Finally, plaintiff fails to state

a procedural due process claim because he has failed to allege that

Florida law provided him with an inadequate post-deprivation

remedy, Tinney v. Shores, 77 F.3d 378, 382 (11th Cir. 1996), and as

discussed above it is clear that Florida does provide adequate

post-deprivation remedies. Therefore, any claim founded on

procedural due process will be dismissed.

D. Equal Protection Claim:

Plaintiff also alleges that the Resolution violated his equal

protection rights. To properly plead an equal protection claim,

a plaintiff need only allege that through state action, similarly

situated persons have been treated disparately. Boyd v. Peet, 249

Fed. Appx. 155, 158 (11th Cir. 2007)(citation omitted). See also

Executive 100, Inc. v. Martin County, 922 F.2d 1536, 1552 (11th

Cir. 1991). The Third Amended Complaint does not identify any

similarly situated person with whom plaintiff can be compared. The


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Third Amended Complaint states that defendants have taken over 200

acres pursuant to the Resolution, far in excess of his 2.5 acres.

The only assertion of disparate treatment is for those lots owned

by government, which plaintiff alleges did not have their rights

taken. However, a private owner such as plaintiff can not be

compared to a public owner such as a government unit. Therefore,

no equal protection claim is stated, and such claims will be

dismissed without prejudice.

E. Other Bases of Federal Jurisdiction:

Having found no federal claim set forth in the Third Amended

Complaint, the Court now examines the other purported bases of

federal jurisdiction.

Article III of the Constitution sets the outer boundaries of

the federal court jurisdiction, but vests Congress with the

discretion to determine whether and to what extent that power may

be exercised by lower federal courts. Therefore, lower federal

courts are empowered to hear only cases for which there has been a

congressional grant of jurisdiction. Morrison v. Allstate

Indemnity Co., 228 F.3d 1255, 1260-61 (11th Cir. 2000). Therefore

Article III does not provide any additional basis of federal

jurisdiction. Additionally, plaintiffs reliance on Article IV of

the Constitution is misplaced because Article IV does not address

the jurisdiction of a federal court.

Plaintiff cites 28 U.S.C. 1343 as a basis for federal

jurisdiction. Section 1343 sets forth the jurisdiction of district


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courts for certain civil rights actions, but does not itself create

a private right of action. Albra v. City of Fort Lauderdale, 232

Fed. Appx. 885, 892 (11th Cir. 2007). Since none of plaintiffs

federal civil rights claims are properly before the court, 1343

is not a basis for jurisdiction over the remaining state law

claims.

Plaintiffs reliance on the 1899 Rivers and Harbors

Appropriation Act, 33 U.S.C. 403 is misplaced. Section 403

relates to the creation of an obstruction not authorized by

Congress, and simply not relevant to any of the claims in this

case. The 1862 Homestead Act, 43 U.S.C. 161-64, cannot form

basis for jurisdiction because it was repealed in 1976. Assuming

there is a federal common law Doctrine of Accretion and Erosion, it

cannot provide a jurisdictional basis in federal court. The

Federal Appraisal Standards, Uniform Standards of Professional

Appraisal Practice, 12 U.S.C. 3331-3351, also do not create

federal jurisdiction. These standards relate to real estate

appraisals utilized in connection with federally related

transactions, 12 U.S.C. 1331, and no such transaction was

involved in this case. Additionally, in Florida the county

property appraiser is a constitutionally created office whose

appraisals are carried out pursuant to state statute, FLA. STAT.

193.011 as well as professional appraisal standards established by

the International Association of Assessing Officers and the


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Appraisal Institute. Parrish v. Nikolits, 86 F.3d 1088, 1091 n.2

(11th Cir. 1996).

Therefore, the Court finds no other basis of federal

jurisdiction has been plead in the Third Amended Complaint.

F. Remaining State Law Claims:

The remaining possible claims in the Third Amended Complaint

are all state law claims. Read liberally, the Third Amended

Complaint may be read to allege a claim to invalidate the

Resolution for alleged state-law procedural defects, a state law

claim of trespass, a state law claim of conspiracy to misrepresent,

a state law claim of fraud, state law claims of malfeasance, a

state law claim of oppression, and a state law claim of slander of

title. Even assuming these are properly pled, pursuant to 28

U.S.C. 1367(c)(3) the Court would exercise its discretion and

decline to exercise supplemental jurisdiction over the state

claims. Raney v. Allstate Ins. Co., 370 F.3d 1086, 1088-89 (11th

Cir. 2004)(encouraging district courts to dismiss state claims

where all claims which provided original jurisdiction have been

dismissed.) The dismissal of the state claims will be without

prejudice. Crosby v. Paulk, 187 F.3d 1339, 1352 (11th Cir. 1999).

Having found that this Court lacks subject matter

jurisdiction, and will not retain supplemental jurisdiction, the

Court need not address the issues raised in the remaining

defendants motions to dismiss.

Accordingly, it is now


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ORDERED:

1. Defendant Property Appraisers Motion to Dismiss

Plaintiffs Third Amended Complaint (Doc. #303) is GRANTED to the

extent set forth in paragraph 5 below.

2. Defendant Property Appraisers Motion to Dismiss and

Close File (Doc. #285) is DENIED as moot.

3. State of Florida Department of Environmental Protection

and Division of Recreation and Parks, State of Florida, and Board

of Trustees of the Internal Improvement Trust Funds Joint Motion

to Dismiss for Lack of Jurisdiction and for Failure to State a

Cause of Action (Doc. #291) is GRANTED to the extent set forth in

paragraph 5 below.

4. Defendants Lee County, Florida, Board of Lee County

Commissioners, Lee County Attorney, Jack N. Petersons Motion to

Dismiss (Doc. #304) is GRANTED to the extent set forth in paragraph

5 below.

5. The Third Amended Complaint is dismissed without

prejudice as to all defendants and all claims. The Clerk shall

enter judgment accordingly, terminate all pending motions as moot,

and close the case.

DONE AND ORDERED at Fort Myers, Florida, this 5th day of

May, 2008.

Copies: Parties of record


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APPEA

U.S. District Court

Middle District of Florida (Ft. Myers)

CIVIL DOCKET FOR CASE #: 2:07-cv-00228-JES-SPC

Busse v. Lee County, Florida et al

Assigned to: Judge John E. Steele

Referred to: Magistrate Judge Sheri Polster Chappell

Case in other court: 08-13170B

09-12372-B

09-13517F

09-13519F

09-13522F

09-14281F

09-14282F

09-14284F

09-14285F

09-16211F

09-16212F

09-16213F

09-16214F

09-16335F

Cause: 28:1331 Fed. Question: Civil Rights Violation

Date Filed: 04/10/2007

Date Terminated: 05/06/2008

Jury Demand: Plaintiff

Nature of Suit: 440 Civil Rights: Other

Jurisdiction: Federal Question

Plaintiff

Jorg Busse represented by Jorg Busse

P.O. Box 1126

Naples, Fl 34106-1126

239/595-7074

PRO SE

Plaintiff

Kenneth M. Roesch, Jr.TERMINATED: 09/21/2007

represented by Kelly Lina RoothRooth Law Group, PA

Suite 322

4399 35th St N

St Petersbsurg, FL 33714

727/824-6212

Fax: 727/822-8048

Email: [email protected]

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

2/11/2010 Electronic Case Filing | U.S. District Co

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


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Plaintiff

Anita M. Roesch

TERMINATED: 09/21/2007

represented by Kelly Lina Rooth

(See above for address)

LEAD ATTORNEY


Plaintiff

Troy Parnell

TERMINATED: 09/21/2007

represented by William Alfred Keyes , Jr.

Stewart & Keyes, PL

2125 First St - Ste 101

PO Drawer 790

Ft Myers, FL 33902

239/334-7477

Fax: 239/334-7941


LEAD ATTORNEY


V.

Defendant

Lee County, Florida represented by Jack Neil Peterson

Lee County Attorney's Office

2115 Second St

PO Box 398

Ft Myers, FL 33902239/335-2236

Fax: 239/335-2118


LEAD ATTORNEY


Defendant

Board of Lee County Commissioners represented by Jack Neil Peterson

(See above for address)LEAD ATTORNEY


Defendant

The Lee County Property Appraiser represented by Jack Neil Peterson


LEAD ATTORNEY





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Sherri L. Johnson

Dent & Johnson, Chartered

3415 Magic Oak Lane

Sarasota, FL 34232

941/952-1070


LEAD ATTORNEY


Defendant

State of Florida, Board of Trustees of

the Internal Improvement Trust Fund

past & present

represented by Harold George Vielhauer

Florida Department of Environmental

Protection

MS 35

3900 Commonwealth Blvd

Tallahassee, FL 32399-3000

850/245-2242

Fax: 850/245-2296Email: [email protected]

LEAD ATTORNEY


Linda Kathryn Funchess


Protection

MS 35

3900 Commonwealth BlvdTallahassee, FL 32399-3000

850/245-2242

Fax: 850/245-2296


LEAD ATTORNEY


Reagan Kathleen Russell


Protection*MS 35

3900 Commonwealth Blvd

Tallahassee, FL 32399-3000


LEAD ATTORNEY


Defendant




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Kenneth M. Wilkinson represented by Jack Neil Peterson


LEAD ATTORNEY


Sherri L. Johnson


LEAD ATTORNEYATTORNEY TO BE NOTICED

Defendant

Lee County Attorney represented by Jack Neil Peterson


LEAD ATTORNEY


Defendant

State of Florida Department of

Environmental Protection, and Division

of Recreation and Parks

represented by Harold George Vielhauer


LEAD ATTORNEY


Linda Kathryn Funchess


LEAD ATTORNEY


Reagan Kathleen Russell



Defendant

Jack N. Peterson

Date Filed # Docket Text

04/10/2007 1 COMPLAINT against Lee County, Florida, Board of Lee County Commissioners, The

Lee County Property Appraiser, State of Florida Board of Trustees of the Internal

Improvement Trust Fund, State of Florida Department of Environmental Protection ;

jury demand (Filing fee $ 350 receipt number F009276) filed by Jorg Busse.(js)

(Entered: 04/12/2007)

04/10/2007 Summons issued as to Lee County, Florida, Board of Lee County Commissioners, The

Lee County Property Appraiser, State of Florida Board of Trustees of the Internal

Improvement Trust Fund, State of Florida Department of Environmental Protection. (js)




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(Entered: 04/12/2007)

04/12/2007 2 STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by

All Divisional Judges on 3/27/07. (js) (Entered: 04/12/2007)

04/17/2007 3 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 -

track 2. Notice of pendency of other actions due by 4/30/2007. Signed by Judge All

Divisional Judges on 4/17/2007. (LAG, ) (Entered: 04/17/2007)

04/17/2007 4 INTERESTED PERSONS ORDER. Certificate of interested persons and corporate

disclosure statement due by 4/30/2007. Signed by Judge All Divisional Judges on

4/17/2007. (LAG, ) (Entered: 04/17/2007)

05/01/2007 5 MOTION to dismiss Complaint or Motion for Summary Judgment or Moition for

More Defeinite Statementby Lee County, Florida. (Attachments: # 1 Exhibit A &

B)(Peterson, Jack) (Entered: 05/01/2007)

05/02/2007 6 SUMMARY JUDGMENT NOTICE re 5 MOTION to dismiss Complaint or Motion

for Summary Judgment or Moition for More Defeinite Statement. (js) (Entered:

05/02/2007)

05/02/2007 7 CERTIFICATE of interested persons and corporate disclosure statement re 4

Interested persons order by Lee County, Florida. (Peterson, Jack) (Entered:

05/02/2007)

05/03/2007 8 MOTION for extension of time to file answer or otherwise plead re 1 Complaint, by

The Lee County Property Appraiser. (Johnson, Sherri) Motions referred to Magistrate

Judge Sheri Polster Chappell. (Entered: 05/03/2007)


Interested persons order by The Lee County Property Appraiser. (Johnson, Sherri)(Entered: 05/03/2007)

05/04/2007 10 ORDER granting 8 the Defendant Property Appraiser's Motion for Extension of Time to

Respond to Complaint. The Defendant shall have up to and including MAY 10, 2007 to

answer or otherwise plead to the Plaintiff's Complaint. Signed by Judge Sheri Polster

Chappell on 5/4/2007. (lmh, ) (Entered: 05/04/2007)

05/08/2007 11 PLAINTIFF'S RESPONSE to Defendant Lee County: Quiet Title Action filed by Jorg

Busse. (js) (Entered: 05/10/2007)

05/10/2007 12 MOTION to Dismiss for Lack of Jurisdiction by The Lee County Property Appraiser.(Johnson, Sherri) (Entered: 05/10/2007)

05/14/2007 13 Joint MOTION to Dismiss for Lack of Jurisdiction by State of Florida Board of

Trustees of the Internal Improvement Trust Fund, State of Florida Department of

Environmental Protection. (Funchess, Linda) (Entered: 05/14/2007)

05/14/2007 14 PLAINTIFF'S RESPONSE to Defendant Lee County's Motion to dismiss Defendant

Board of Lee County Commissioners, MOTION Injunctive Relief, MOTION for

sanctions against Defendant Lee County's Assistant Attorney, Jack N. Peterson, for




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misrepresentation by Jorg Busse. (js) (Entered: 05/15/2007)

05/15/2007 17 NOTICE of filing Additional Evidentiary Materials following Defendant Lee County's

substantially incomplete motion for summary judgment by Jorg Busse (Attachments: # 1

# 2)(js) (Entered: 05/16/2007)

05/15/2007 18 RESPONSE to motion re 5 MOTION to dismiss Complaint or Motion for Summary

Judgment or Moition for More Defeinite Statementfiled by Jorg Busse.

(Attachments: # Exhibit(1))(js) (Entered: 05/16/2007)


Interested persons order by State of Florida Board of Trustees of the Internal

Improvement Trust Fund, State of Florida Department of Environmental Protection.

(Funchess, Linda) (Entered: 05/16/2007)

05/16/2007 16 NOTICE of pendency of related cases re 3 order of compliance to Local Rule by State

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

Department of Environmental Protection Related case(s): yes (Funchess, Linda)

(Entered: 05/16/2007)

05/16/2007 19 MOTION for Time Granted (14 Days), or in the alternative extension of time to

Respond to 5 MOTION to dismiss Complaint or Motion for Summary Judgment or

Moition for More Defeinite Statementby Jorg Busse. (Attachments: # 1 Exhibit A)(js)

(Entered: 05/16/2007)

05/18/2007 20 ORDER granting 19 the Plaintiff's Motion for Time Granted (14 Days), or in the

Alternative Extension of Time, to Respond to "Defendant Lee County's Motion to

Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted; or In the

Alternative, A Motion for Summary Judgment; or in the Alternative, Motion for More

Definite Statement". The Plaintiff shall have up to and including MAY 23, 2007, tosubmit a responsive pleading. Signed by Judge Sheri Polster Chappell on 5/17/2007.

(lmh, ) (Entered: 05/18/2007)

05/22/2007 21 MEMORANDUM of law in support; Plaintiff's Answer Brief; Response to Defendants'

Motions and Opposing evidentiary materials filed by Jorg Busse. (Attachments: # 1

Appendix)(js) (Entered: 05/23/2007)

05/23/2007 22 MOTION for the full time granted by this court (14 days), or in the alternative extension

of time to respond to 12 MOTION to Dismiss for Lack of Jurisdiction,MOTION for

discovery, MOTION for receipt of a login and password for electronic court filing by

Jorg Busse. (js) Motions referred to Magistrate Judge Sheri Polster Chappell. Modified

on 5/24/2007 to edit docket text (js). (Entered: 05/24/2007)

05/23/2007 23 MEMORANDUM of law in support; Plaintiff's Answer Brief; Response to Defendants'

Motions and Opposing evidentiary materials filed by Jorg Busse (Attachments: # 1

Appendix)(js) (Entered: 05/24/2007)

05/25/2007 24 MEMORANDUM of Law pertaining to "common law civil fraud" ("sounding in"

negligence), MOTION to compel defendants to produce satisfactory evidence of their

alleged ownership of 'all cayo costa accreted lands' by Jorg Busse. (Attachments: # 1




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Exhibit # 2 Exhibit)(js) Motions referred to Magistrate Judge Sheri Polster Chappell.

(Entered: 05/29/2007)

05/29/2007 25 AMENDED COMPLAINT to include additional counts of criminal and common law

civil fraud charges against all defendants, aiding and abetting, and conspiracy; Plaintiff's

response to defendant property appraiser's motion to dismiss; opposing evidentiary

materials; Federal whistleblower action against Lee County, Florida, Board of Lee

County Commissioners, The Lee County Property Appraiser, State of Florida Board of

Trustees of the Internal Improvement Trust Fund, State of Florida Department ofEnvironmental Protection filed by Jorg Busse. Related document: 1 Complaint, filed by

Jorg Busse. (Attachments: # 1 amended complaint pt.2# 2 Exhibit H# 3 Exhibit I# 4

Exhibit)(js) (Entered: 05/31/2007)

06/01/2007 26 RESPONSE in opposition re 22 MOTION for discovery MOTION for Extension of

Time to File Response/Reply as to 12 MOTION to Dismiss for Lack of Jurisdiction

MOTION for Extension of Time to File Response/Reply as to 12 MOTION to Dismiss

for Lack of Jurisdiction MOTION for recipt of a login and password for electronic filing

filed by The Lee County Property Appraiser. (Johnson, Sherri) (Entered: 06/01/2007)

06/04/2007 31 EXHIBITS/ CRIMINAL COMPLAINT (Attachments: #(1)Exhibit P #(2)Exhibit Q

#(3)Exhibit X #(4)Exhibit Y #(5) Exhibit Z) (js) (Entered: 06/06/2007)

06/05/2007 27 ORDER denying 24 the Plaintiff Jorg Busses Motion to Compel Defendants to Produce

Satisfactory Evidence of Their Alleged Ownership of All Cayo Costa Accreted Lands.

Signed by Judge Sheri Polster Chappell on 6/5/2007. (lmh, ) (Entered: 06/05/2007)

06/05/2007 32 MOTION for leave of Court to seek legal representation and leave of absence for

health reasons by Jorg Busse.(js) (Entered: 06/06/2007)

06/05/2007 33 MOTION for Defendants' Admission with leave of this Court by Jorg Busse.(Attachments: # 1 Exhibit # 2 Exhibit)(js) (Entered: 06/06/2007)

06/06/2007 28 MOTION to strikePlaintiff's Request for Admissions by Board of Lee County

Commissioners. (Peterson, Jack) (Entered: 06/06/2007)

06/06/2007 29 MOTION for protective order by Board of Lee County Commissioners. (Attachments:

# 1)(Peterson, Jack) Motions referred to Magistrate Judge Sheri Polster Chappell.

(Entered: 06/06/2007)

06/06/2007 30 NOTICE by Board of Lee County Commissioners re 29 MOTION for protective

orderof Certification (Peterson, Jack) (Entered: 06/06/2007)

06/06/2007 34 ORDER granting in part and denying in part 22 the Plaintiff Jorg Busse's Motion for the

Full Time Granted by This Court (14 Days), or in the Alternative Extension of Time to

Respond to Defendant Property Appraiser's Motion to Dismiss and Memorandum of

Law, and the Plaintiff's Motion for Discovery, and the Plaintiff's Motion for Receipt of a

Login and Password for Electronic Court Filing is GRANTED in part DENIED in part.

SEE ORDER FOR DETAILS. Signed by Judge Sheri Polster Chappell on 6/6/2007.

(lmh, ) (Entered: 06/06/2007)

06/07/2007 35 ORDER granting 29 the Defendant Lee Countys Motion for a Protective Order. The




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Plaintiff Jorg Busse is directed to cease all communications with members of the Lee

County Board of Commissioners regarding this case whether the contact is made

personally or through an intermediary. All contact should be made with the Boards

attorney. Signed by Judge Sheri Polster Chappell on 6/7/2007. (lmh, ) (Entered:

06/07/2007)

06/08/2007 36 MOTION to Dismiss for Lack of JurisdictionAmended Complaintby The Lee County

Property Appraiser. (Johnson, Sherri) (Entered: 06/08/2007)

06/08/2007 37 NOTICE of Unavailability for health reasons by Jorg Busse. (js) Modified on 6/14/2007

to edit docket text pursuant to order Doc. 39 (js). (Entered: 06/11/2007)

06/08/2007 38 PLAINTIFF'S REQUEST for Defendants' Admission with Leave of this Court by Jorg

Busse. (js) Modified on 6/11/07 to add exhibit 1 and exhibit 2 to docket

entry;Additional attachment(s) added on 6/11/2007. (js). (Entered: 06/11/2007)

06/13/2007 39 ORDER directing the Clerk of the Court to amend the docket entry to reflect the

Request for Leave of Court to Seek Legal Representation and Leave of Absence for

Health Reasons is a Notice of Unavailability and not a motion. The Plaintiff Jorg Busse's

Request for Leave of Court to Seek Legal Representation and Leave of Absence for

Health Reasons 37 will be construed by the Court as a Notice of Unavailability until July

4, 2007. Signed by Judge Sheri Polster Chappell on 6/12/2007. (lmh, ) (Entered:

06/13/2007)

06/13/2007 40 ORDER denying as premature 38 the Plaintiff Jorg Busse's Request for Defendant's

Admission with Leave of this Court construed as a Motion to Compel Admissions.


06/13/2007 41 MOTION for more definite statement and Memorandum of Law in Supportby Board

of Lee County Commissioners. (Peterson, Jack) (Entered: 06/13/2007)

06/28/2007 42 ORDER denying 32 the Plaintiff Jorg Busse's Motion for Request for Leave of Court to

Seek Legal Representation and Leave of Absence for Health Reasons. Signed by Judge

Sheri Polster Chappell on 6/28/2007. (lmh, ) (Entered: 06/28/2007)

06/28/2007 43 ORDER denying 33 the Plaintiff Jorg Busse's Request for Defendant's Admission with

Leave of This Court. Signed by Judge Sheri Polster Chappell on 6/28/2007. (lmh, )

(Entered: 06/28/2007)

07/02/2007 44 PLAINTIFF'S NOTICE of Legal Representation by Brigham Moore, LLP by Jorg

Busse. (Attachments: # 1)(js) (Entered: 07/03/2007)

07/06/2007 45 PlAINTIFF'S NOTICE and submission of further controverting evidence in Defendants'

own files; Defendant Lee County's own December 29, 2000 memorandum as

referenced in Lay vs. Department of Environmental Protection by Jorg Busse.

(Attachments: # 1)(js) (Entered: 07/06/2007)

07/09/2007 46 RESPONSE, part 1, re 12 Defendant Property Appraisers' MOTION to Dismiss

Amended Complaint and Memorandum of law filed by Jorg Busse. (Attachments: # 1

Exhibit F7# 2 Exhibit F8# 3 Exhibit F9# 4 Exhibit F10# 5 Exhibit F10-F# 6 Exhibit




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F10-G# 7 Exhibit F11# 8 Exhibit F-12# 9 Exhibit F13# 10 Exhibit F13B# 11 Exhibit

F13-C# 12 Exhibit)(js) (Entered: 07/12/2007)

07/09/2007 47 PLAINTIFF'S EXHIBITS FED, AER, AFF, CM, LEG and further controverting

evidence. (Attachments: #(1) Exhibit FED #(2)Exhibit AER #(3)Exhibit AFF

#(4)Exhibit CM pt.1 #(5)Exhibit CM pt. 2 #(6) Exhibit LEG) (js) (Entered:

07/12/2007)

07/09/2007 48 SECOND NOTICE and submission of further controverting evidence in defendants'own files by Jorg Busse (Attachments: # 1 Exhibit F1 #(2)Exhibit F2 #(3) Exhibit F3

#(4)Exhibit F-4- F-6)(js) (Entered: 07/12/2007)

07/10/2007 49 PLAINTIFF'S RESPONSE, Part1, to Defendants, "Lee County, Florida, and its board

of Lee County Commissioners" Motion for more definite statement as to Plaintiff's

"Amended Complaint" and memorandum of law in support, MOTION for summary

judgment pertaining to Plaintiff's quiet title action; or in the alternative, motion for

memorandum of law, MOTION for injunctive relief enjoining defendants from trespass,

slandering plaintiff's title and publishing false and misleading property data, and Plaintiff's

MOTION for injunctive relief enjoining defendants from operating a state park in theprivate cayo costa subdivision by Jorg Busse. (Attachments: # 1 Exhibit "Pat"# 2 Exhibit

"No Ded"# 3 Errata "Map"# 4 Exhibit "Mem"# 5)(js, ) (Entered: 07/16/2007)

07/10/2007 50 PLAINTIFF'S EXHIBITS 1-12, Clear Evidence of Federal subject matter jurisdiction,

Plaintiff's Motion for Summary Judgment Controverting Recors, including Supreme

Court opinion, Docket "68, 399 ["Federal Law Controls.."] (Attachments: # 1 Exhibit

1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8

Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12) (js) (Entered:

07/16/2007)

07/17/2007 51 ORDER denying 28 the Defendant Lee County's Motion to Strike. Signed by Judge

Sheri Polster Chappell on 7/17/2007. (lmh, ) (Entered: 07/17/2007)

07/17/2007 55 MEMORANDUM of law in support re 49 Plaintiff's Motion for summary judgment filed

by Jorg Busse. (js) (Entered: 07/19/2007)

07/18/2007 52 ORDER directing the Plaintiff Shall Show Cause in writing why the Firm of Brigham

Moore, LLP. has not filed a Notice of Appearance with the Court by Friday, July 27,

2007 and or notify the Court as to how he will proceed. Signed by Judge Sheri Polster


07/18/2007 53 ORDER TO SHOW CAUSE. The Parties have up to and including July 31, 2007, to

SHOW CAUSE in writing why no Case Management Report has been filed with the

Court or in the Alternative the Parties may meet and file a Case Management Report

within the given time frame. Signed by Judge Sheri Polster Chappell on 7/18/2007. (lmh,

) (Entered: 07/18/2007)

07/19/2007 54 RESPONSE in opposition re 49 MOTION for summary judgment MOTION injunctive

relief enjoining defendants from trespass, slandering plaintiff's title and publishing false

and misleading property data filed by The Lee County Property Appraiser. (Johnson,

Sherri) (Entered: 07/19/2007)




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07/24/2007 56 MOTION to Appear Telephonically by State of Florida Board of Trustees of the

Internal Improvement Trust Fund, State of Florida Department of Environmental

Protection. (Funchess, Linda) Motions referred to Magistrate Judge Sheri Polster

Chappell. (Entered: 07/24/2007)

07/25/2007 57 NOTICE of Appearance by Reagan Kathleen Russell on behalf of State of Florida

Board of Trustees of the Internal Improvement Trust Fund, State of Florida Department

of Environmental Protection (Russell, Reagan) (Entered: 07/25/2007)

07/25/2007 58 ORDER granting 56 the Defendants' Board of Trustees and Department of

Environmental Protection, Request for Leave of Court to Appear By Telephone. Signed

by Judge Sheri Polster Chappell on 7/25/2007. (lmh, ) (Entered: 07/25/2007)

07/25/2007 59 PLAINTIFF'S MOTION for meeting at the United States Courthouse and Federal

Buildiing in Fort Myers at the earliest convenience. Plaintiff's Notice of apparent lack of

compliance with this honorable court's order pertaining to case management meeting and

report by Jorg Busse. (js) (Entered: 07/25/2007)

07/25/2007 60 NOTICE of availability on Thursday, July 26, 2007, at noon or anytime after 12:00 p.m.at the Federal Courthouse in Fort Myers by Jorg Busse. (js) (Entered: 07/25/2007)

07/26/2007 61 PLAINTIFF'S MOTION to add Defendant's lawyers as parties to this suit by Jorg

Busse. (Attachments: # 1)(js) (Entered: 07/26/2007)

07/26/2007 62 NOTICE of filing "Order to Show Cause" by Jorg Busse. (js) (Entered: 07/26/2007)

07/26/2007 63 PLAINTIFF'S COURT NOTIFICATION 'As to how he will proceed' in response re

52 Order by Jorg Busse. (js) (Entered: 07/26/2007)

07/26/2007 64 CASE MANAGEMENT REPORT filed by Jorg Busse. (js) (Entered: 07/26/2007)

07/30/2007 65 EMERGENCY MOTION for criminal prosecution of defendants and defendants'

lawyers by Jorg Busse. (slu) Modified on 7/30/2007 (slu). (Entered: 07/30/2007)

07/30/2007 66 MOTION for payment of necessary fees and expenses by Jorg Busse. (slu) (Entered:

07/30/2007)

07/30/2007 67 REPLY to response to motion re 49 MOTION for summary judgment MOTION

injunctive relief enjoining defendants from trespass, slandering plaintiff's title and

publishing false and misleading property data. SUPPLEMENTAL memorandum in

support of plaintiff's motion for summary judgment filed by Jorg Busse. (Attachments: #1 Exhibit)(slu) (Entered: 07/30/2007)

07/31/2007 68 PLAINTIFF'S MOTION for Emergency Hearing on the issue of Defendants' 1969

Bogus Resolution and Defendants' Liability before United States Judge John E. Steele

and United States Magistrate Judge Sheri Polster Chappell by Jorg Busse.

(Attachments: # 1 Exhibit # 2 Exhibit)(js) (Entered: 07/31/2007)

07/31/2007 69 RESPONSE TO ORDER TO SHOW CAUSE re 53 filed by The Lee County





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07/31/2007 70 PLAINTIFF'S Third Supplemental Memorandum in support of Plaintiff's Motion for

Summary Judgment on the issue of Defendant's Liability; MOTION for Rule 11

sanctions against Defendant State of Florida [EFF in 21D], MOTION to restrain

defendants, in particular, from the use of deadly weapons in the private cayo costa

subdivision, and if necessary, through United States law enforcement by Jorg Busse. (js)

(Entered: 07/31/2007)

07/31/2007 71 RESPONSE TO ORDER TO SHOW CAUSE re 53 filed by State of Florida Board of

Trustees of the Internal Improvement Trust Fund, State of Florida Department ofEnvironmental Protection. (Russell, Reagan) (Entered: 07/31/2007)

07/31/2007 73 PLAINTIFF'S Response to Defendant Property Appraiser's criminal threats and

'motion for rule 11 sanctions'; Plaintiff's Second Supplemental Memorandum in support

of Plaintiff's Motion for Summary Judgment; MOTION to restrain defendants from any

and all further threats against any and all members of the class of cayo costa property

owners, MOTION for Rule 11 sanctions against defendants by Jorg Busse.

(Attachments: # 1 Exhibit (Photos) filed separately # 2 Exhibit CAL)(js, ) (Entered:

08/01/2007)

08/01/2007 72 ORDER directing Harold George Vielhauer to comply with the administrative

procedures regarding electronic filing. Signed by Judge Sheri Polster Chappell on

8/1/2007. (kma) (Entered: 08/01/2007)

08/01/2007 74 MOTION to strike 67 Reply to response to motion, by The Lee County Property

Appraiser. (Johnson, Sherri) (Entered: 08/01/2007)

08/01/2007 75 RESPONSE to motion re 68 MOTION for Hearing filed by Lee County, Florida.

(Peterson, Jack) (Entered: 08/01/2007)

08/01/2007 76 RESPONSE in opposition re 70 MOTION for sanctions MOTION to restraindefendants, in particular, from the use of deadly weapons in the private cayo costa

subdivision, and if necessary, through United States law enforcement filed by State of

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

Department of Environmental Protection. (Russell, Reagan) (Entered: 08/01/2007)

08/01/2007 77 MOTION to strike 65 MOTION criminal prosecution of defendants and defendants'

lawyers, 59 MOTION for meeting at the United States Courthouse and Federal

Buildiing in Fort Myers at the earliest convenience, 62 Notice (Other), 61 MOTION to

add Defendant's lawyers as parties to this suit, 63 Notice (Other), 73 MOTION to

restrain defendants from any and all further threats against any and all members of theclass of cayo costa property owners MOTION for sanctions, 70 MOTION for

sanctions MOTION to restrain defendants, in particular, from the use of deadly

weapons in the private cayo costa subdivision, and if necessary, through United States

law enforcement, 68 MOTION for Hearing, 67 Reply to response to motion, 66

MOTION payment of necessary fees and expenses by State of Florida Board of

Trustees of the Internal Improvement Trust Fund, State of Florida Department of

Environmental Protection. (Russell, Reagan) (Entered: 08/01/2007)

08/02/2007 78 RESPONSE to motion re 68 MOTION for Hearing On Issue of 1969 Bogus




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Resolution, etc. filed by Lee County, Florida. (Peterson, Jack) (Entered: 08/02/2007)

08/02/2007 79 NOTICE by State of Florida Board of Trustees of the Internal Improvement Trust

Fund, State of Florida Department of Environmental Protection re 72 Order to comply

with electronic filing of Registration for CM/ECF(Vielhauer, Harold) (Entered:

08/02/2007)

08/02/2007 80 RESPONSE re 53 Order to show cause,Regarding Case Management Reportfiled

by Lee County, Florida. (Peterson, Jack) (Entered: 08/02/2007)

08/02/2007 81 FEDERAL Trial Exhibits & Plaintiff's Disclosures, Plaintiff's MOTION for summary

judgment on the issue of Defendant's liability in favor of Plaintiff and Class; Federal

Subject Matter Jurisdiction; Criminal Fraud; United States Supreme Court Cases by

Jorg Busse. (Attachments: #(1)Exhibit St. Clair em #(2)Exhibit St. Ceair #(3)Exhibit res

#(4) Exhibit Jefferis em #(5) Exhibit Jefferis #(6) Exhibit Banks em #(7) Exhibit

Banks)(js, ) (Entered: 08/06/2007)

08/02/2007 82 PLAINTIFF'S Notification of Defendants' admissions & failure to deny under Rule 8,

Fed. Rules Civ. Proc.; Plaintiff's fifth supplemental MEMORANDUM of law in support

re 81 Motion for summary judgment; Plaintiff's notification that the 1969 Resolution

violates United States law & The Constitution filed by Jorg Busse. (Attachments: #(1)

Exhibit Troy #(2)Exhibit Admission R8 #(3) Exhibit wild)(js) (Entered: 08/06/2007)

08/02/2007 83 PLAINTIFF'S CERTIFICATE of interested persons and corporate disclosure

statement by Jorg Busse. (js) (Entered: 08/06/2007)

08/06/2007 84 MOTION for sanctionsfor Plaintiff's Violation of Protective Orderby Lee County,

Florida. (Attachments: # 1 Exhibit A through C)(Peterson, Jack) (Entered: 08/06/2007)

08/06/2007 85 RESPONSE in opposition re 61 MOTION to add Defendant's lawyers as parties to

this suit filed by The Lee County Property Appraiser. (Johnson, Sherri) (Entered:

08/06/2007)

08/06/2007 86 RESPONSE in opposition re 66 MOTION payment of necessary fees and expenses

filed by The Lee County Property Appraiser. (Johnson, Sherri) (Entered: 08/06/2007)

08/06/2007 88 PLAINTIFF'S NOTICE of victims' and interested persons' exclusion from 07/26/2007

Case Management Report [CMR] meeting. Plaintiff's Notice of Class pursuant to rule

23, Fed. Rules Civ. Proc. Plaintiff's memorandum of law in support of action by plaintiff,

class, and victims against defendants under the Hobbs Act & 'Rico' by Jorg Busse

(Attachments: # 1 # 2 Exhibit fraud 1969)(js) (Entered: 08/08/2007)

08/06/2007 89 EXHIBIT By Class: 1999 Notification of "Robbery" [By Troy Parnell, Member of the

Class; Dated January 29, 1999.] (Attachments: # 1 ) (js) (Entered: 08/08/2007)

08/06/2007 90 PLAINTIFF'S RESPONSE re 69 Response to order to show cause filed by Jorg

Busse. (Attachments: # 1 # 2 Exhibit # 3 Exhibit)(js) (Entered: 08/08/2007)

08/06/2007 91 PLAINTIFF'S INTERROGATORIES propounded upon defendant State of Florida,

Defendant Lee County, Defendant Lee County Property Appraiser, and Defendant

Board of Lee County Commissioners; Part 1 filed by Jorg Busse. (Attachments: # 1)




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(js) (Entered: 08/08/2007)

08/07/2007 87 ORDER denying as moot 36 Motion to Dismiss for Lack of Jurisdiction; denying as

moot 41 Motion for more definite statement; denying 49 Motion for summary judgment;

denying 49 Motion for injunctive relief; denying as moot 59 Motion for meeting; denying

as moot 61 Motion to add defendant's lawyers as parties because the Amended

Complaint has been dismissed and plaintiff has been granted leave to file a Second

Amended Complaint; denying 65 Motion for criminal prosecution; denying 66 Motion

for payment of necessary fees and expenses; denying as moot 68 Motion for Hearing;denying 70 Motion for sanctions; denying 70 Motion to restrain defendant defendants;

denying 73 Motion to restrain defendants; denying 73 Motion for sanctions; denying as

moot 5 Motion to dismiss; denying as moot 12 Motion to Dismiss for Lack of

Jurisdiction; denying as moot 13 Motion to Dismiss for Lack of Jurisdiction; denying 14

Motion for injunctive relief; denying 14 Motion for sanctions. Plaintiff may file a Second

Amended Complaint within 20 days in compliance with the instructions in the Order.

See Order for details. Signed by Judge John E. Steele on 8/7/2007. (RKM) (Entered:

08/07/2007)

08/07/2007 92 PLAINTIFF'S Court notification of "Presence of Multiple Parties", "Class action" andcommon "Factual or legal issues" pursuant to Local Rule 3.05 Case Management;

PLAINTIFF'S and Class' MOTION to clarify track number/status of this case[I.E. two

or three];, MOTION to sanction a "John Turner" who represented defendant Lee

County & defendant Board of Lee County Commissioners without a notice of

appearance, and lack of clear identity and evidence of his admission to this court by Jorg

Busse. (Attachments: # 1)(js, ) (Entered: 08/08/2007)

08/07/2007 93 PLAINTIFF'S and/or Class' MOTION for disciplinary action against defendant state's

lawyer Reagan K. Russell by Jorg Busse. (Attachments: # 1)(js) (Entered: 08/08/2007)

08/07/2007 94 PLAINTIFF'S and/or Class' MOTION to appoint a grievance committee pursuant to

Local rule 2.04(e) by Jorg Busse. (Attachments: # 1)(js) (Entered: 08/08/2007)

08/07/2007 95 PLAINTIFF'S and/or class' MOTION seeking leave of court to provide copies of any

and all records due to grievance(s) pursuant to Rule 2.04 discipline. Plaintiff's

interrogatories propounded upon defendant State of Florida, defendant Lee County,

defendant Lee County Property Appraiser, and defendant Board of Lee JCounty

Commissioners Part 1 by Jorg Busse. (Attachments: # 1)(js) (Entered: 08/08/2007)

08/07/2007 96 PLAINTIFF'S INTERROGATORIES propounded upon defendant State of Florida,

defendant Lee County, defendant Lee County Property Appraiser, and defendant

Board of Lee County Commissioners; Part 1 (Attachments: # 1) (js) (Entered:

08/08/2007)

08/09/2007 97 MOTION for sanctionsPursuant to Rule 11 by The Lee County Property Appraiser.

(Johnson, Sherri) Modified on 11/14/2007 (LKS). Modified on 11/14/2007 (LKS).

(Entered: 08/09/2007)

08/10/2007 98 ORDER denying as moot 74 Defendant Lee County Property Appraiser's Motion to

strike; denying as moot 77 Defendants' Motion to strike; denying as moot 81 Plaintiff's




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Motion for summary judgment. Signed by Judge John E. Steele on 8/10/2007. (AFR)

(Entered: 08/10/2007)

08/16/2007 99 ORDER denying 92 the Plaintiff Jorg Busse's Motion to Clarify Track Number as a

Track 2 or Track 3, and Motion to Sanction "John Turner" who Represented the

Defendant Lee County & Defendant Board of Lee County Commissioners Without

Notice of Appearance. Signed by Judge Sheri Polster Chappell on 8/16/2007. (lmh, )

(Entered: 08/16/2007)

08/21/2007 100 ORDER denying 93 the Plaintiff Jorg Busse's Motion for Disciplinary Action Against

Defendant States Lawyer Reagan K. Russell Pursuant to Local Rule 2.04; denying the

Plaintiff Jorg Busse's Motion to Appoint a Grievance Committee Pursuant to Local Rule

2.04(e) 94 ; denying the Plaintiff Jorg Busse's Motion Seeking Leave of Court to

Provide Copies of Any and All Records Due to Grievance(s) Pursuant to Rule 2.04

Discipline 95 . Signed by Judge Sheri Polster Chappell on 8/21/2007. (lmh, ) (Entered:

08/21/2007)

08/22/2007 101 MOTION for protective order by State of Florida Board of Trustees of the Internal

Improvement Trust Fund, State of Florida Department of Environmental Protection.(Russell, Reagan) Motions referred to Magistrate Judge Sheri Polster Chappell.

(Entered: 08/22/2007)

08/24/2007 102 SECOND AMENDED COMPLAINT against Kenneth M. Wilkinson, Lee County

Attorney, Lee County, Florida, Board of Lee County Commissioners, The Lee County

Property Appraiser, State of Florida Board of Trustees of the Internal Improvement

Trust Fund, State of Florida Department of Environmental Protection filed by Jorg

Busse, Kenneth M. Roesch, Jr., Anita M. Roesch, and Troy Parnell. Jury demand.

Related document: 25 Amended complaint, filed by Jorg Busse. (Attachments: #

1complaint part 2 #(2)complaint part 3 #(3)complaint part4 #(4)complaint part 5)(js)Modified on 8/27/2007 to edit text to reflect jury demand(js). (Entered: 08/27/2007)

08/27/2007 Summons issued as to Lee County Attorney. (js) (Entered: 08/27/2007)

08/27/2007 103 PLAINTIFFS' MOTION for summary judgment on the issue of defendants' liability in

Plaintiffs' "Inverse Condemnation" action by Jorg Busse, Kenneth M. Roesch, Jr, Anita

M. Roesch, Troy Parnell. (Attachments: # 1 Exhibit # 2 Exhibit)(js) (Entered:

08/28/2007)

08/27/2007 104 PLAINTIFFS' EXHIBITS in "Factual Support" of Plaintiffs' Motion for Summary

Judgment on the issue of defendants' Liability in Plaintiffs' "Inverse Condemnation" actionagainst all defendants re Doc. 103 . (js) (Entered: 08/28/2007)

08/28/2007 105 PLAINTIFFS' MEMORANDUM in "factual support" re 103 Motion for summary

judgment on the issue of Defendants' liability in Plaintiffs' "Inverse Condemnation" action

against all defendants filed by Jorg Busse, Kenneth M. Roesch, Jr, Anita M. Roesch,

Troy Parnell. (Attachments: # 1 Exhibit # 2 Exhibit)(js) (Entered: 08/28/2007)

08/30/2007 106 MOTION to Dismiss for Lack of Jurisdiction by State of Florida Board of Trustees of

the Internal Improvement Trust Fund, State of Florida Department of Environmental

Protection. (Russell, Reagan) (Entered: 08/30/2007)




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08/30/2007 108 PLAINTIFF'S MOTION for summary judgment on the issue of defendant's liability

under 42 U.S.C 1983 and Constitutional Article IV [II (2). Count of deprivations of civil

rights] by Jorg Busse, Kenneth M. Roesch, Jr, Anita M. Roesch, Troy Parnell. (js)

(Entered: 09/04/2007)

08/31/2007 107 SUMMARY JUDGMENT NOTICE re 103 MOTION for summary judgment (js)

(Entered: 08/31/2007)

09/04/2007 109 NOTICE by The Lee County Property Appraiser re 91 Remark, 96 Remarkof

Service of Objection to Interrogatories (Johnson, Sherri) (Entered: 09/04/2007)

09/04/2007 114 PLAINTIFF'S Conclusive "Riparian" "Gulf Front" "Boundary Survey" in "Factual

Support" of Plaintiffs' Motions for Summary Judgment filed by Jorge Busse, Kenneth M.

Roesch, Jr., Anita M. Roesch, and Troy Parnell. (js) (Entered: 09/07/2007)

09/04/2007 116 PLAINTIFFS' Memorandum in factual support of Plaintiffs' Motion for Summary

Judgment on the issue of Defendants' 'Liability' for "Inverse Condemnation" and the

"Temporary" "Regulatory Taking" of "All Cayo Costa Private Accreted

Property"[without due process & just compensation] by "Plan and Design" "Agreedupon by all defendants" in order to "Operate the Public Cayo Costa State Park" filed by

Jorge Busse, Kenneth M. Roesch, Jr., Anita M. Roesch, and Troy Parnell. (js, )

(Entered: 09/07/2007)

09/05/2007 110 SUMMARY JUDGMENT NOTICE re 108 MOTION for summary judgment. (js)

(Entered: 09/05/2007)

09/06/2007 111 MOTION to strike 102 Amended complaint,, or to Dismiss by The Lee County


09/07/2007 112 MOTION to strike by State of Florida Board of Trustees of the Internal ImprovementTrust Fund, State of Florida Department of Environmental Protection. (Russell, Reagan)

(Entered: 09/07/2007)

09/07/2007 113 PLAINTIFF'S "Public Record" exhibits and conclusive evidence of "Inverse

Condemnation", temporary "Takings" without due process & just compensation,

"Deprivations" of Plaintiffs' rights, privileges, & immunities, and 42 U.S.C. 1983 "Civil

Rights Violations" by all defendants in factual support re 103 Motion for summary

judgment, filed by Jorg Busse, Kenneth M. Roesch, Jr, Anita M. Roesch, Troy Parnell.

(js) (Entered: 09/07/2007)

09/07/2007 115 PLAINTIFFS' Memorandum in support of motion for summary judgment and

RESPONSE to motion re 106 MOTION to Dismiss for Lack of Jurisdiction filed by

Jorg Busse, Kenneth M. Roesch, Jr, Anita M. Roesch, Troy Parnell. (js) (Entered:

09/07/2007)

09/07/2007 121 PLAINTIFFS' Memorandum and RESPONSE to Defendant State's document re 106

MOTION to Dismiss for Lack of Jurisdiction, in support of Plaintiffs' Motions for

Summary Judgment, and controverting defendants' false allegations of immunity filed by

Jorg Busse. (js) (Entered: 09/11/2007)




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09/10/2007 117 ORDER re: Consent to Exercise of Jurisdiction by a United States MagistrateForm.

Signed by Judge John E. Steele on 9/10/2007. (BMA ) (Entered: 09/10/2007)

09/10/2007 118 RESPONSE to motion re 103 MOTION for summary judgment, 108 MOTION for

summary judgment filed by Board of Lee County Commissioners. (Peterson, Jack)

(Entered: 09/10/2007)

09/10/2007 122 PLAINTIFFS' MEMORANDUM IN RESPONSE to motion re 111 MOTION to

strike 102 Amended complaint,, or to Dismiss, and in support of Plaintiffs' Motion forSummary Judgment on the issue of Defendants' liability for their "Deprivations" of

Plaintiffs' Rights, Privileges & Immunities under 42 U.S.C. 1983 [Civil Rights Violations]

filed by Jorg Busse. (js) (Entered: 09/12/2007)

09/11/2007 119 Unopposed MOTION to Remove as Plaintiffs by Kenneth M. Roesch, Jr, Anita M.

Roesch. (Rooth, Kelly) (Entered: 09/11/2007)

09/11/2007 120 RESPONSE in opposition re 103 MOTION for summary judgment on Inverse

Condemnation Claim filed by The Lee County Property Appraiser. (Johnson, Sherri)

(Entered: 09/11/2007)

09/12/2007 123 ORDER denying 84 the Defendant Lee County, Florida's Motion for Sanctions for

Plaintiff's Violation of Protective Order. Signed by Judge Sheri Polster Chappell on

9/12/2007. (lmh, ) (Entered: 09/12/2007)

09/12/2007 124 Monthly MOTION to dismiss Amended Complaint with Memorandum of Law by

Board of Lee County Commissioners. (Peterson, Jack) (Entered: 09/12/2007)

09/12/2007 128 PLAINTIFFS' MOTION to strike re 101 MOTION for protective order, MOTION

for leave of Court to serve interrogatories upon defendant 'officials' by Jorg Busse,

Kenneth M. Roesch, Jr, Anita M. Roesch, Troy Parnell. (js) (Entered: 09/14/2007)

09/12/2007 129 MOTION to strike from all of Defendants' pleadings their insufficient defense of

sovereign immunity [Amendment XI], Plaintiff's MOTION for leave of Court to

controvert Defendants' "Insufficient" and "Immaterial" defenses by Jorg Busse, Kenneth

M. Roesch, Jr, Anita M. Roesch, Troy Parnell. (js) (Entered: 09/14/2007)

09/13/2007 125 ORDER denying 97 the Defendant Ken Wilkinson, as Lee County, Florida Property

Appraiser's Motion for Rule 11 Sanctions. Signed by Judge Sheri Polster Chappell on

9/13/2007. (lmh, ) (Entered: 09/13/2007)

09/13/2007 126 ORDER granting 101 the Defendants State of Florida Board of Trustees of the Internal

Improvement Trust Fund and Florida Department of Environmental Protection's Motion

for a Protective Order. SEE ORDER FOR DETAILS. Signed by Judge Sheri Polster


09/13/2007 127 RESPONSE in opposition re 108 MOTION for summary judgment on Civil Rights

Claims filed by The Lee County Property Appraiser. (Johnson, Sherri) (Entered:

09/13/2007)

09/13/2007 130 PLAINTIFFS' NOTICE of Defendant's violations of Federal Rules of Civil Procedure

11(b) representations to Court, and MOTION to strike "Defendants' Motion for




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Sanctions" dated August 29, 2007 re 84 MOTION for sanctionsfor Plaintiff's

Violation of Protective Orderby Jorg Busse, Kenneth M. Roesch, Jr, Anita M.

Roesch, Troy Parnell. (js) (Entered: 09/17/2007)

09/13/2007 131 PLAINTIFFS' MOTION to strike 118 Response to motion by Jorg Busse, Kenneth

M. Roesch, Jr, Anita M. Roesch, Troy Parnell. (js) (Entered: 09/17/2007)

09/17/2007 132 PLAINTIFFS' NOTICE of Defendant Wilkinson's violations of Fed. R. Civ. Proc.

11(b): Representations to [this] Court, in "Defendant Property Appraiser's Motion toStrike or Dismiss Plaintiffs' Second Amended Complaint" [Doc.111], [and as to order

to show cause why Wilkinson did not violate F.R.C.P. 11(b) on this Court's "Own

Initiative" by Jorg Busse, Kenneth M. Roesch, Jr, Anita M. Roesch, Troy Parnell. (js)

(Entered: 09/18/2007)

09/17/2007 133 MOTION to strike "Defendants' Motion for Sanctions" dated 09/11/07, and Plaintiffs'

Notice of Defendants' violations of Federal Rules Civil Procedure 11 (b):

Representations to [this] Court by Jorg Busse, Kenneth M. Roesch, Jr, Anita M.

Roesch, Troy Parnell. (js) (Entered: 09/18/2007)

09/18/2007 134 UNOPPOSED MOTION to remove Troy Parnell as Plaintiff and supporting

memorandum of law by Troy Parnell. (js) (Entered: 09/19/2007)

09/18/2007 135 MOTION for summary judgment on the issue of all defendants' liability for "Trespass to

Plaintiff(s)' Gulf Front Accreted Lands" pursuant to Fed. R. civ. P. 56 by Jorg Busse.

(js) (Entered: 09/19/2007)

09/18/2007 136 PLAINTIFFS' RESPONSE re 111 MOTION to strike 102 Amended complaint, or to

Dismiss by Jorg Busse, Troy Parnell. (js) (Entered: 09/19/2007)

09/19/2007 139 PLAINTIFF(S)' MOTION for order compelling disclosure & discovery against

defendants State of Florida pursuant to Fed. R. Civ. P. 37(a) & (b) by Jorg Busse, Troy

Parnell. (js) Motions referred to Magistrate Judge Sheri Polster Chappell. (Entered:

09/21/2007)

09/19/2007 140 PLAINTIFF(S)' MOTION to waive defendant Appraiser's unspecific, untimely, and

unexcused objection to Plaintiff(S) interrogatories, pursuant to Fed. R. civ. P. 33(b) (4)

by Jorg Busse, Troy Parnell. (js) (Entered: 09/21/2007)

09/19/2007 141 PLAINTIFF(S)' REQUEST(S) for admission(s) of the truth by defendant Lee County

Property Appraiser K.M. Wilkinson pursuant to Fed. R. Civ. P. 36. (Attachments: # 1)

(js) (Entered: 09/21/2007)

09/20/2007 137 SUMMARY JUDGMENT NOTICE re 135 MOTION for summary judgment. (js)

(Entered: 09/20/2007)

09/20/2007 138 RESPONSE re 117 Order filed by State of Florida Board of Trustees of the Internal

Improvement Trust Fund, State of Florida Department of Environmental Protection.

(Russell, Reagan) (Entered: 09/20/2007)

09/20/2007 143 MOTION to strike and MOTION for sanctions re 111 MOTION to strike 102

Amended complaint, or to Dismiss pursuant to Fed. R. Civ. P. 12(f) and 12 (c) by Jorg




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09/21/2007 142 ORDER granting 119 Plaintiffs Unopposed Motion to Remove Kenneth M. Roesch, Jr.

and Anita Roesch as Plaintiffs; granting 134 Plaintiffs Unopposed Motion Remove Troy

Parnell as Plaintiff. The Clerk is directed to terminate the following parties: Kenneth M.

Roesch, Jr, Anita Roesch, and Troy Parnell. Signed by Judge John E. Steele on

9/21/2007. (AFR) (Entered: 09/21/2007)

09/21/2007 144 RESPONSE to motion re 124 Monthly MOTION to dismiss Amended Complaint withMemorandum of Law and motion for attorney(s)' fees and other expenses incurred,

pursuant to Fed. R. Civ. P. 11 (c) (1) (B) (2) filed by Jorg Busse, Troy Parnell. (js)

(Entered: 09/24/2007)

09/21/2007 145 PLAINTIFF(S)' MOTION to strike and MOTION for sanctions re 111 MOTION to

strike 102 Amended complaint,, or to Dismiss by Jorg Busse, Troy Parnell. (js)

(Entered: 09/24/2007)

09/21/2007 146 PLAINTIFF(S)' MOTION for order compelling disclosure & discovery against the

defendants State of Florida Board of Trustees of the internal improvement trust fund and

Florida Department of Environmental Protection, and their advising attorneys pursuant to

Fed. R. Civ. P. 37(a) & (B) and MOTION for attorney(s)' fees and expenses pursuant

to Fed. R. Civ. P. 37(a) (4) (A), by Jorg Busse, Troy Parnell. (js) (Entered:

09/24/2007)

09/21/2007 147 PLAINTIFF(S)' SUPPLEMENTAL REQUEST to produce Defendants State of

Florida, pursuant to Fed. R. Civ. P. 34, and 26, and 37, and MOTION for leave of

court by Jorg Busse, Troy Parnell. (js) Motions referred to Magistrate Judge Sheri

Polster Chappell. (Entered: 09/24/2007)

09/21/2007 149 PLAINTIFF(S)' MOTION for order compelling disclosure & discovery againstDefendants Lee County, its commissioners & attorney(s), pursuant to Fed. R. Civ. P.

37(a) & (b), and MOTION for attorney(s) fees and expenses pursuant to Fed. R. Civ.

P. 37(a) (4) (A) by Jorg Busse, Troy Parnell. (js) Motions referred to Magistrate Judge

Sheri Polster Chappell. (Entered: 09/24/2007)

09/24/2007 148 APPEAL of Magistrate Judge ruling to District Court by The Lee County Property

Appraiser re 125 Order on motion for sanctions (Johnson, Sherri) Modified on

9/26/2007 to correct event type (kma). (Entered: 09/24/2007)

09/24/2007 150 PLAINTIFF(S)' NOTICE of Plaintiff(s)' demands for reasonable attorney(s)' fees, and

costs pursuant to 42 U.S.C. 1988 (1976) by Jorg Busse. (js) (Entered: 09/24/2007)

09/24/2007 151 PLAINTIFF(S)' MOTION to strike 138 , pursuant to Fed. 12(f) and 42, and

MOTION for sanctions & application for order for defendants' payment(s) of

Plaintiff(S)' expenses, pursuant to Fed. R. civ. P. 37 (C) (2): and Plaintiff(s) Response

(I) to document 138, "Defendants', State of Florida Board of Trustees and Department

of Environmental Protection, response to order (document #117)". by Jorg Busse. (js, )

(Entered: 09/24/2007)

09/24/2007 152 ORDER denying 139 the Plaintiff Jorg Busse's Motion to Compel Disclosure &




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Discovery Against Defendants State of Florida Pursuant to Fed. R. Civ. P. 37(a) & (b)

(Doc. #139). The Plaintiff Jorg Busse's Motion to Reconsider the Court's Protective

Order Preventing the Plaintiff from Making Contact with Parties Who are Represented

by Counsel(Doc. # 139) is DENIED. The Plaintiff Jorg Busses Motion to Allow Him

Access to the Court's Electronic Filing System CM/ECF (Doc. # 139) is DENIED.


09/24/2007 153 MOTION for summary judgment on the issue of defendants' "Fabrications" of "fictitious"

"Land Parcel Numbers" 12-44-20-01.00000.00AO, and 07-44-21-01-00001.0000"which do not exist on the respective Cayo Costa subdivision plat(s), pursuant to Fed. R.

civ. P. 56, and Plaintiff(s)' Demands for reasonable attorney(s)' fees, and cost pursuant

to 42 U.S.C. 1988 (1976). by Jorg Busse. (js) (Entered: 09/24/2007)

09/24/2007 154 PLAINTIFF(S)' NOTICE of Defendants' admission of federal jurisdiction. by Jorg

Busse, Troy Parnell. (js) (Entered: 09/24/2007)

09/24/2007 155 PLAINTIFF(S)' MOTION for summary judgment on the issue of Defendant

Appraiser's violations of federal appraisal standards & the uniform standards of

professional appraisal practice, including "fabrications" of "fictitious" "land parcelnumbers"; "12-44-20-01.00000.00AO, and 07-44-21-01-00001.0000", which do not

exist on the respective Cayo Costa subdivision plat(s), pursuant to Fed. R. civ. P. 56,

and PLAINTIFF(S)'MOTION for reasonable attorney(s)' fees, and costs pursuant to

42 U.S.C 1988 (1976) by Jorg Busse. (js, ) (Entered: 09/26/2007)

09/25/2007 157 PLAINTIFF(S)' NOTICE of all defendants' failure to disclose pursuant to Fed. R. Civ.

P. 26(a) (1), and PLAINTIFF(S)' MOTION for sanctions against defendant appraiser,

pursuant to Fed. R. Civ. P. 11 by Jorg Busse. (js) (Entered: 09/27/2007)

09/25/2007 158 PLAINTIFF(S)' PROOF of averred, published official records, pursuant to Fed. R. civ.

P. 44 (a) (1), in factual support of Plaintiff(S)' Motions for summary Judgment [doc.

#103, #108, #135, and other], pursuant to Fed. R. civ. P. 56. filed by Jorg Busse. (js)

(Entered: 09/27/2007)

09/25/2007 159 PLAINTIFF(S)' MOTION for sanctions against defendants State of Florida, pursuant

to Fed. R. Civ. P. 11, and Plaintiff(s)' NOTICE of defendant(s) State of Florida's failure

to disclose, pursuant to Fed. R. Civ. P. 26 (a) (1) by Jorg Busse. (js) (Entered:

09/27/2007)

09/26/2007 160 PLAINTIFF(S)' Admissable evidence that the "plat" records contained no such record

or entry of "fabricated" Lot "A" pursuant to Fed. R. Civ. P. 44 9b), and Plaintiff(s)'NOTICE of defendant Appraiser's failure to admit the truth that lot "A" never existed by

Jorg Busse. (js) (Entered: 09/27/2007)

09/26/2007 162 PLAINTIFF(S)' admissible evidence that the records contain no such record or entry of

alleged Lot "A", pursuant to Fed. R. civ. P. 44(b), as "Averred" "With Particularity" in

documents #1 and 102. (Attachments: # 1) (js) (Entered: 09/28/2007)

09/27/2007 156 SUMMARY JUDGMENT NOTICE re 155 MOTION for attorney fees MOTION

for summary judgment, 153 MOTION for summary judgment. (js) (Entered:

09/27/2007)




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09/27/2007 164 PLAINTIFF(S)' MOTION for Declaratory Judgment, pursuant to Fed. R. civ. P. 57,

and Plaintiff(S) admissible evidence of "lack of record" of "Lot A" and "land parcel" "12-

44-20-01.00000.00A0, and of "civil fraud" and "civil conspiracy" by defendant

appraiser, and by his "advising attorney", pursuant to Fed. R. Civ. P. 44 (b). Lack of

record. by Jorg Busse. (Attachments: # 1)(js) (Entered: 10/01/2007)

09/27/2007 165 PLAINTIFF(S)' ADMISSIBLE Evidence of defendant(s) State's June 26, 2003,

"Cabinet Meeting Transcripts" in factual support of Defendant State of Florida's "CivilFraud" & "Civil Conspiracy" & "Fraudulent" "Takings" of "Private Property" "For public

use [Cayo Costa State Park]" "Without due process & just compensation" pursuant to

Fed. R. Civ. P. 44, 56, & 57 (Attachments: # 1) (js) Modified on 10/1/2007 to edit

docket text(js). (Entered: 10/01/2007)

09/27/2007 166 PLAINTIFF(S)' MOTION for Declaratory Judgment regarding A) Plaintiff(S)' "Federal

Rights", and 42 U.S.C. 1983 "Deprivations" of said "Federal Rights" by all defendants,

pursuant to Fed. R. Civ. P. 57 and 1, based on the admissible evidence of all four cayo

costa plats, pursuant to Fed. R. Civ. P. 44(a), and the admissible [sic] evidence of lack

of record of any changes since 1912, pursuant to Fed. R. Civ. P. 44(b) by Jorg Busse.(js, ) (Entered: 10/01/2007)

09/27/2007 168 PLAINTIFF(S)' Interrogatory II propounded upon all defendants by Jorg Busse. (js)

(Entered: 10/01/2007)

09/27/2007 169 PLAINTIFF(S)' Interrogatory III: "Where and when was the conveyance of lot "A",

Lee County Property Appraiser's parcel I.D./ folio number(s) "12-44-20-01-

00000.00A0" recorded in the grantor/grantee index [or number (s)?]?", propounded

upon all defendants by Jorg Busse. (js) (Entered: 10/01/2007)

09/27/2007 170 PLAINTIFF(S)' Interrogatory IV: "Why did you deny plaintiff(s) and deprive plaintiff(s)of the Federal, civil, riparian, property, subdividing, & other rights Alexander C. Roesch

[original subdivider] had, and which were "conclusively" "established" by, and

"recorded" in Lee County "official records" 1/49, 1/51, and 3/25?" propounded upon all

defendants by Jorg Busse. (js) (Entered: 10/01/2007)

09/27/2007 171 PLAINTIFF'(S) Interrogatory V: "Why was Lee County official record 569/875 [Doc.

#24-2; 05/25/2007], which controverted Lee County "Official Records" 1/49, 1/51,

1/52, and 3/25, never signed by anybody?", propounded upon all defendants by Jorg


09/28/2007 161 NOTICE by State of Florida Board of Trustees of the Internal Improvement Trust

Fund, State of Florida Department of Environmental Protection of Serving Answers

and Objections to Interrogatories Propounded by Plaintiff(Russell, Reagan)

(Entered: 09/28/2007)

09/28/2007 163 RESPONSE in opposition re 140 MOTION to waive defendant

very frightening - u.s. judicial corruption & fraud (1) 27663072

Documents