BARKER, RODEMS & COOK

PROFESSIONAL ASSOCIATION
ATIORNEYSATLAW
CHRIS A. BARKER RYAN CHRlSTOPHER RODEMS \VllLIAM J. COOK

501 East Kennedy Bouleva-rd, Suite 790

Tampa, Florida 33602

Telephone 813/489.. 1001

Facsimile 813/489..1008

September 20, 2012

J. Carter Anderson, Chair Thirteenth Judicial Circuit JNe Bush Ross, P.A. 1801 North Highlands Avenue Tampa, Florida 33602

Re: Circuit Judge Application

Dear Mr. Anderson:

Since the subtnission of my application for the Circuit Court vacancy created by the retirement of Judge Sexton, it has become necessary to supplement question 41: 41.
Are you currently the subject of an investigation which could result in civil, administrative or cri.minal action against you? If yes, please state the nature of the investigation, the agency conducting the investigation and the expected completion date of the investigation.

I was advised on September 17, 2012 that Neil J. Gillespie has filed a second bar grievance against me with the Florida Bar. Mr. Gillespie's complaints center on his disagreement and dissatisfaction with the manner in which I defended m.y partner and 'my law firm and the various courts' .rulings. I have responded, and I am hopeful that the matter will be closed as unfounded, as was Mr. Gillespie's 2007 bar grievance, by the end of October 2012. Should you require a copy of the grievance or my response, please advise.

RCR/so

APPLICATION FOR NOMINATION TO THE CIRCUIT COURT

(Please attach additional pages as needed to respond fully to questions.) DATE: September 14, 2012 Florida Bar No.: Social Security No.: Ryan Christopher Rodems E-mail: 9/23/1992
rodems@barkerrodemsandcook.com

947652

GENERAL: 1. Name

Date Admitted to Practice in Florida: Date Admitted to Practice in other States: 2.

State current employer and title, including professional position and any public or judicial office. Barker, Rodems & Cook, P.A., managing partner

3.

Business address: City Tampa

501 East Kennedy Boulevard, Suite 790 County Hillsborough FAX State FL ZIP 33602

Telephone 4.

(813) 489-1001 210 Excalibur Court County

(813) 489-1008

Residential address: City Since Brandon 2002

Hillsborough

State

FL

ZIP

33511

Telephone

(813) 661-1156

5.

Place of birth: Date of birth:

Buffalo, New York Age: Since 1973 45

6a. 6b.

Length of residence in State of Florida: Are you a registered voter? X Yes No If so, in what county are you registered?

Hillsborough

7.

Marital status: If married:

Married Spouse's name Date of marriage Spouse's occupation Tami Alane Rodems 5-11-1996 Manages our home

If ever divorced give for each marriage name(s) of spouse(s), current address for each former spouse, date and place of divorce, court and case number for each divorce. I have only been married once.

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8.

Children Name(s) Age(s) 12 Occupation(s) Student Residential address(es) Our son resides with us.

9.

Military Service (including Reserves) Service United States Naval Reserve Branch NROTC Highest Rank Midshipman Midshipman Type of discharge Dates 1985-1986 Honorable

Rank at time of discharge Awards or citations HEALTH: 10.

NROTC Academic Gold Star

Are you currently addicted to or dependent upon the use of narcotics, drugs, or intoxicating beverages? If yes, state the details, including the date(s). No.

11a.

During the last ten years have you been hospitalized or have you consulted a professional or have you received treatment or a diagnosis from a professional for any of the following: Kleptomania, Pathological or Compulsive Gambling, Pedophilia, Exhibitionism or Voyeurism? Yes No __x__

If your answer is yes, please direct each such professional, hospital and other facility to furnish the Chairperson of the Commission any information the Commission may request with respect to any such hospitalization, consultation, treatment or diagnosis. ["Professional" includes a Physician, Psychiatrist, Psychologist, Psychotherapist or Mental Health Counselor.] Please describe such treatment or diagnosis.

11b.

In the past ten years have any of the following occurred to you which would interfere with your ability to work in a competent and professional manner? Experiencing periods of no sleep for 2 or 3 nights Experiencing periods of hyperactivity Spending money profusely with extremely poor judgment Suffered from extreme loss of appetite
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Issuing checks without sufficient funds Defaulting on a loan Experiencing frequent mood swings Uncontrollable tiredness Falling asleep without warning in the middle of an activity Yes No __x__

If yes, please explain.

12a.

Do you currently have a physical or mental impairment which in any way limits your ability or fitness to properly exercise your duties as a member of the Judiciary in a competent and professional manner? Yes No __x__

12b.

If your answer to the question above is Yes, are the limitations or impairments caused by your physical or mental health impairment reduced or ameliorated because you receive ongoing treatment (with or without medication) or participate in a monitoring or counseling program? Yes No

Describe such problem and any treatment or program of monitoring or counseling.

13.

During the last ten years, have you ever been declared legally incompetent or have you or your property been placed under any guardianship, conservatorship or committee? If yes, give full details as to court, date and circumstances. No.

14.

During the last ten years, have you unlawfully used controlled substances, narcotic drugs or dangerous drugs as defined by Federal or State laws? If your answer is "Yes," explain in detail. (Unlawful use includes the use of one or more drugs and/or the unlawful possession or distribution of drugs. It does not include the use of drugs taken under supervision of a licensed health care professional or other uses authorized by Federal law provisions.) No.

15.

In the past ten years, have you ever been reprimanded, demoted, disciplined, placed on probation, suspended, cautioned or terminated by an employer as result of your alleged consumption of alcohol, prescription drugs or illegal use of drugs? If so, please state the circumstances under which such action was taken, the name(s) of any persons who took such action, and the background and resolution of such action. No.

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16.

Have you ever refused to submit to a test to determine whether you had consumed and/or were under the influence of alcohol or drugs? If so, please state the date you were requested to submit to such a test, the type of test required, the name of the entity requesting that you submit to the test, the outcome of your refusal and the reason why you refused to submit to such a test. No.

17.

In the past ten years, have you suffered memory loss or impaired judgment for any reason? If so, please explain in full. No.

EDUCATION: 18a. Secondary schools, colleges and law schools attended. Schools Mulberry High School University of Southern California University of Florida Class Standing Dates of Attendance 1981-1985 1985 1986-1989 Bachelor of Science, Business Admin. Juris Doctor Degree High School Diploma

Florida State University 18b.

1989-1992

List and describe academic scholarships earned, honor societies or other awards. I earned a NROTC academic scholarship in 1984. In 1985, at USC, I earned a NROTC Gold Star for superlative academic performance. At FSU, I was a member of the Law Review.

NON-LEGAL EMPLOYMENT: 19. List all previous full-time non-legal jobs or positions held since 21 in chronological order and briefly describe them. None.

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PROFESSIONAL ADMISSIONS: 20. List all courts (including state bar admissions) and administrative bodies having special admission requirements to which you have ever been admitted to practice, giving the dates of admission, and if applicable, state whether you have been suspended or resigned. Court or Administrative Body United States Supreme Court United States Court of Appeals, Eleventh Circuit United States District Court, Middle District of Florida United States District Court, Southern District of Florida Florida Bar Date of Admission October 4, 2004 June 17, 1994 October 16, 1992 August 21, 2012 September 23, 1992

LAW PRACTICE: 21.

(If you are a sitting judge, answer questions 21 through 26 with reference to the years before you became a judge.)

State the names, dates and addresses for all firms with which you have been associated in practice, governmental agencies or private business organizations by which you have been employed, periods you have practiced as a sole practitioner, law clerkships and other prior employment: Position Law Clerk Name of Firm The Ausley Law Firm, 227 South Calhoun St. Tallahassee, FL 32301 Office of the State Attorney Tenth Judicial Circuit 255 North Broadway Ave. Bartow, FL 33830 Florida Supreme Court 500 South Duval Street Tallahassee, FL 32399 Alpert, Josey & Grilli, P.A. 100 South Ashley Dr. Suite 2000 Tampa, FL 33602 Alpert, Barker & Rodems, P.A 100 South Ashley Dr. Suite 2000 Tampa, FL 33602
5

Address

Dates 1990, 1991

Intern

1991

Intern

1992

Associate

1992-1997

Partner

1997-2000

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Partner

Barker, Rodems & Cook, P.A. 501 E. Kennedy Blvd. Suite 790 Tampa, FL 33602

2000-Present

22.

Describe the general nature of your current practice including any certifications which you possess; additionally, if your practice is substantially different from your prior practice or if you are not now practicing law, give details of prior practice. Describe your typical clients or former clients and the problems for which they sought your services. I am Board Certified by the Florida Bar in Civil Trial law and "AV" rated by Martingale-Hubbell. Our law firm represents individuals and businesses in civil matters involving employment, contracts, torts and insurance, in federal and state trial and appellate courts, administrative tribunals and arbitrations. Our clients include publicly traded and closely-held corporations, small businesses, insurance companies, and individuals. In addition to retaining us to litigate, our clients have sought advice on business formations, executive compensation, employment discrimination, ERISA, and insurance policies, including general liability, disability, health, homeowners, motor vehicle, and employment practices.

23.

What percentage of your appearance in courts in the last five years or last five years of practice (include the dates) was in: Court Federal Appellate Federal Trial Federal Other State Appellate State Trial State Administrative State Other ~5 % ~40 % % ~5 % ~40 % ~10 % % % TOTAL 100 % TOTAL 100 % Civil Criminal Family Probate Other Area of Practice ~75 % ~10 % ~5 % % ~10 %

24.

In your lifetime, how many (number) of the cases you have tried to verdict or judgment were: Jury? ~25
6

Non-jury?

~10

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Arbitration? 25.

~10

Administrative Bodies?

~25

Within the last ten years, have you ever been formally reprimanded, sanctioned, demoted, disciplined, placed on probation, suspended or terminated by an employer or tribunal before which you have appeared? If so, please state the circumstances under which such action was taken, the date(s) such action was taken, the name(s) of any persons who took such action, and the background and resolution of such action. No.

26.

In the last ten years, have you failed to meet any deadline imposed by court order or received notice that you have not complied with substantive requirements of any business or contractual arrangement? If so, please explain in full. No. (Questions 27 through 30 are optional for sitting judges who have served 5 years or more.) For your last 6 cases, which were tried to verdict before a jury or arbitration panel or tried to judgment before a judge, list the names and telephone numbers of trial counsel on all sides and court case numbers (include appellate cases). Marcena Dail v. Albert Docobo and Regatta Beach Club Condominium Associations, Inc., United States District Court, Middle District of Florida, Case No. 8:10-cv-2514-MAP, May 710, 2012 (jury trial) I was lead counsel for Plaintiff. Magistrate Judge Mark A. Pizzo Bennett Lofaro (Defendant Docobo), 813/ 289-0690 James K. Parker and Joseph G. Riopelle (Defendant Regatta Beach Club), 813/ 2236021

27a.

Yolanda Vasquez v. Park Equus, Inc. d/b/a Arabian Nights, Florida Ninth Judicial Circuit, Case No. 10-CA-002396 ON, November 28 and 29 and December 1, 2011 (jury trial) I was solo counsel for Defendant Judge Jeffrey M. Fleming, 407/742-2491 Aaron T. Marguregui, Esquire (Plaintiffs counsel) 813/ 877-5548.

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Cothron v. Albear, et al., Florida Thirteenth Judicial Circuit, Case No. 08-CA-10198, March 21-23, 2011 (jury trial) I was lead counsel for Plaintiffs with Chris A. Barker, Esquire Judge Charles Ed Bergman, 813/ 272-5774 Kevin Mercer, Esquire and Mike Reed, Esquire (Defendants counsel) 813/2223939 Abed, Inc. v. Kabaria, Florida Sixth Judicial Circuit, Case No. 08-19279-CI-13; November 2, 2010 (non-jury trial) I was solo counsel for Vipul Kabaria, a defendant Judge Anthony Rondolino 727/582-7702 Murray Silverstein, Esquire (Counsel for Plaintiff) 813/229-8900 Michael J. Kurzman, Esquire (Counsel for Intervenor Broadway Bank) 954/781-1134 William B. Taylor, IV, Esquire (Counsel for Defendant Saraiya and Intervenor DSPP); 813/273-4428 Constantine Papas, Esquire (Counsel for Defendant Taneja) 813/334-9907

Paragon Mortgage Holdings, LLC v. Kabaria, Florida Thirteenth Judicial Circuit, Case No. 08-CA-004093, Div. B, January 18-21, 26, 2010 (non-jury trial) I was solo counsel for Vipul Kabaria, a defendant Judge Robert A. Foster, Jr. 813/272-6990 Zala L. Forizs, Esquire (Counsel for Plaintiff) 813/289-0700 Michael J. Kurzman, Esquire (Counsel for Intervenor Broadway Bank) 954/781-1134 Leonard Johnson, Esquire (Counsel for Defendant Saraiya and Intervenor DSPP) 352/567-2500 Constantine Papas, Esquire (Counsel for Defendant Taneja) 813/334-9907

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WrestleReunion, LLC v. Live Nation, Television Holdings, Inc., United States District Court, Middle District of Florida, Case No. 8:07-cv-2093-T27, August 31-September 10, 2009 (jury trial) I was lead Counsel for Plaintiff with Chris A. Barker, Esquire Judge James D. Whittemore 813/301-5400 Greg Herbert, Esquire (Defendants lead counsel with Dawn Milner, Esquire) 407/418-2431

27b.

For your last 6 cases, which were settled in mediation or settled without mediation or trial, list the names and telephone numbers of trial counsel on all sides and court case numbers (include appellate cases). Arthur Hardy, Esquire, 941/954-7777, Hatfield v. Sarasota County School District, USDC, M.D. Fla., Case No. 8:10-cv-1893-SDT-TBM; David A. Young, Esquire, 407/541-0888, Stewart v. CFP at Waterford, LLC, Florida 9th Judicial Circuit, Case No. 2010-CA-8722-O; Zala Forizs, Esquire, 813/289-0700, Paragon Mortgage, Inc., v. Taneja, et al., Florida 13th Judicial Circuit, Case No. 08-CA-004093; James I. Sullivan, Esquire, 813/276-1662, Loftus v. William Ryan Homes, Florida 13th Judicial Circuit, Case No. 08 CA 006022; Ciarlone v. William Ryan Homes, Florida 13th Judicial Circuit, Case No. 08-CA-010077; Takamatsu v. William Ryan Homes, USDC, M.D. Fla., Case No. 8:08-cv-938-T-26; Thomas G. Gonzalez, Esquire, 813/273-0050, Endress v. TECO, Florida 13th Judicial Circuit, Case No.: 04 10462; Craig Berman, Esquire, 727/550-8989, Richardson v. HSN, USDC, M.D. Fla., 8:07-CIV-1375T-24.

27c. 27d.

During the last five years, how frequently have you appeared at administrative hearings? ~3 average times per month During the last five years, how frequently have you appeared in Court? ~5 average times per month During the last five years, if your practice was substantially personal injury, what percentage of your work was in representation of plaintiffs? 50% Defendants? 50% If during any prior period you have appeared in court with greater frequency than during the last five years, indicate the period during which this was so and give for such prior periods a succinct statement of the part you played in the litigation, numbers of cases and whether jury or non-jury.

27e.

28.

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29.

For the cases you have tried to award in arbitration, during each of the past five years, indicate whether you were sole, associate or chief counsel. Give citations of any reported cases. For the cases you have tried, during each of the past five years, indicate whether you were sole, associate or chief counsel. Give citations of any reported cases. TRIALS (LAST FIVE YEARS): Marcena Dail v. Albert Docobo and Regatta Beach Club Condominium Associations, Inc., United States District Court, Middle District of Florida, Case No. . 8:10-cv-2514-JSM-MAP, May 7-10, 2012. Lead Counsel for Plaintiff (co-counsel Patrick B. Calcutt)(jury trial). Barbara Horton v. Sea World Park& Entertainment, Inc., Case # DRP-01-2011; per Sea World ADR. January 24-25, 2012. Sole counsel for Claimant. Christopher Shulman, Esquire, Arbitrator; Angelique Lyons, Esquire, opposing counsel. (arbitration). Yolanda Vasquez v. Park Equus, Inc. d/b/a Arabian Nights, Florida 9th Judicial Circuit. Case No. 10-CA-002396 ON; November 28 and 29 and December 1, 2011. Sole counsel for Defendant (jury trial). Cothron v. Albear, et al., Florida 13th Judicial Circuit. Case No. 08-CA-10198; March 21-23 2011. Lead counsel for Plaintiff (jury trial). Abed, Inc. v. Chandresh Saraiya, et al., Florida 6th Judicial Circuit, Case No. 08-19279-CI-13; November 2, 2010. Sole counsel for Defendant Kabaria (non-jury trial). Paragon Mortgage, Inc., v. Jugal Taneja, et al., Florida 13th Judicial Circuit, Case No. 08CA-004093; January 19-27, 2010. Sole counsel for Defendant Kabaria (non-jury trial). WrestleReunion, LLC v. Live Nation, Television Holdings, Inc. , United States District Court, Middle District of Florida, Case No. 8:07-cv-2093-T-27, August 31-September 10, 2009. Lead Counsel for Plaintiff (jury trial). Brieson Corp. v. Brownstone Industries, LLC, Florida 13th Judicial Circuit, Case No. 05-10571; January 20-22, 2009. Lead counsel for Plaintiff (jury trial). Simmons v. Orlando Predators, Florida 13th Judicial Circuit, Case No. 05-CA-004622; May 2007. Lead counsel for Plaintiff (jury trial). REPORTED CASES (LAST FIVE YEARS): MB Fin. Bank, N.A. v. Paragon Mortg. Holdings, LLC, 89 So. 3d 917 (Fla. 2d DCA 2012). Knight v. Cheesecake Factory Restaurants, Inc., 8:10-CV-2785-T-33MAP, 2011 WL 806510 (M.D. Fla. 2011)(sole counsel for Plaintiff). Hatfield v. Sch. Dist. of Sarasota County, 8:10-CV-1893-T-23TBM, 2010 WL 5128300 (M.D. Fla. 2010)(sole counsel for Plaintiffs). Termarsch v. Michigan, 2010 WL 76458 (M.D.Fla. January 07, 2010)(sole trial counsel). Ayers v. Sembler Co., 2009 WL 3818449 (M.D.Fla. November 13, 2009)(sole trial counsel).
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WrestleReunion, LLC v. Live Nation Television Holdings, Inc. , 2009 WL 2473686 (M.D.Fla August 11, 2009)(co-counsel, trial and appellate). Mendes v. da Silva, 980 So.2d 631 (Fla. 2d DCA 2008)(sole trial/appellate counsel). Hunt v. Hillsborough County, 2008 WL 4371343 (M.D.Fla. September 22, 2008)(sole counsel). Takamatsu v. William Ryan Homes of Florida, Inc., 2008 WL 3255602 (M.D.Fla. August 07, 2008)(sole trial counsel). Coates v. Guardian Life Ins. Co. of America, 2008 WL 269133 (M.D.Fla. January 30, 2008)(sole trial counsel). D'Angelo v. School Bd. of Polk County, Fla., 497 F.3d 1203 (11th Cir. 2007)(cocounsel, trial and appellate).

30.

List and describe the six most significant cases which you personally litigated giving case style, number and citation to reported decisions, if any. Identify your client and describe the nature of your participation in the case and the reason you believe it to be significant. Give the name of the court and judge, the date tried and names of other attorneys involved. Losh, et al. v. G.I.S. Housing, Inc. d/b/a Freedom Village I, United States District Court, Middle District of Florida, Case No. 8:02-cv-1126-T-30EAJ; Preliminary Injunction 2002; Judge James S. Moody, Jr.; Opposing Counsel: Brian A. Burden, Esquire. Lonnie Losh was a 51 year old man who suffered from Multiple Sclerosis, Cerebral Palsy and the after-effects of Polio. He was wheelchair-bound, and could not speak, and communicated by hand signals or writing. For twenty-two years, Mr. Losh had lived alone at Freedom Village I, a reduced-rent apartment complex owned and operated by Goodwill Industries. His apartment door -- until June 20, 2002 -- was locked by a deadbolt, but the latch of the door knob was disengaged so that Mr. Losh was able to open his door using rope tied to the door handle. On June 20, 2002, the apartment complex manager ordered maintenance workers to install pneumatic door closers on all apartment doors, on the order of the Pinellas Park Fire Chief. These devices forced doors to close whenever opened. Once installed, Mr. Losh could not open his door without assistance from another person because he did not have the strength to push it open. Effectively, he was imprisoned in his apartment. Mr. Loshs care giver, Mr. Wright, told the apartment manager of the danger Mr. Losh faced because of the pneumatic door closer, and Mr. Losh, through the assistance of Mr. Wright, sent a letter to the manager, pleading for the pneumatic device to be removed.
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Freedom Village Is manager responded that the device would not be removed. Further, all residents were advised that if any resident disabled the pneumatic door device, he or she would be issued a seven day notice of violation of the lease -- a prerequisite to an action to evict the tenant. Acting as lead counsel, I represented Mr. Losh and another tenant in a federal lawsuit arising under the Fair Housing Act, the Rehabilitation Act of 1973, and the United States Housing Act of 1937. We pursued a preliminary injunction, and after an evidentiary hearing, District Judge James Moody ordered Freedom Village I to remove the pneumatic door closing devices. As a result, Goodwill Industries agreed to install mechanical door openers for the residents who otherwise could not open their doors. This case was significant because the residents of Freedom Village I were physically or mentally disabled, and lived there only because they were unemployed and living on government subsistence. The apartment manager had a history of harsh treatment towards the residents and ignored their concerns. The residents, already suffering from poverty and physical impairment or mental illnesses, felt hopeless. With the success this case brought, Mr. Losh and Ms. McSherry, the other plaintiff, and many of the other residents, began to believe that the justice system would protect them. DAngelo v. The School Board of Polk County, United States District Court, Middle District of Florida, Case No. 8:05-cv-563-T-26TBM, reported at D'Angelo v. Sch. Bd., 497 F.3d 1203 (11th Cir. Fla. 2007); Tried June 2006; Judge Richard A. Lazzara; Opposing Counsel: Dabney Conner, Esquire and Sean Parker, Esquire. In 2002, Michael L. DAngelo was appointed principal of Kathleen High School. At that time, the faculty was demoralized, crime was high, and students freely used drugs on campus. In fact, on Mr. DAngelos first day, the School Resource Officer, while in full uniform, witnessed a drug sale take place less than ten feet from him. Mr. DAngelo made immediate changes, including securing the school, removing drug dealers and banning gang activity. KHS improved academically, and the changes Mr. DAngelo imposed reduced crime and drug dealing. Mr. DAngelo sought more funding to improve KHS academics. When the School Board denied increased funding, Mr. DAngelo explored converting KHS to a charter school. Shortly thereafter, the Superintendent decided to not renew his contract. I represented Mr. DAngelo in a lawsuit against the School Board of Polk County, alleging Mr. DAngelos First Amendment rights were violated. Approximately three weeks before trial, the United States Supreme Court issued Garcetti v. Ceballos, 126 S. Ct. 1951 (2006), holding that a public employees speech in the course of official duties is not protected under the First Amendment. As a result, we lost on a directed verdict. The reason the case was significant to me was the recognition by Judge Lazzara upon ruling against Mr. DAngelo: I know this is a harsh blow to Mr. D'Angelo and his wife. . . . And I'll tell everybody right here, including Mr. and Mrs. D'Angelo, I don't like this decision. I think you were -- you were morally wronged. . . . When you look at the time-line in this case, which is corroborated, corroborated by the documentary evidence . . . there's no question that's what motivated him to terminate him
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and to effectively end a great career. . . .You know, I've always been taught that for every wrong there's a remedy. Well, there was a remedy here, which turned out to be hollow. So I say to you, Mr. D'Angelo and Mrs. D'Angelo, I think this is the first time I've ever done this, I apologize to you. I don't like making this decision, but the law compels it. And I want to congratulate Mr. Rodems and I congratulate defense counsel. You did your job for your client, it's an excellent job. But I want to congratulate Mr. Rodems and Mr. Barker. You did an excellent job. You put together one good case. And I hope you appeal me and I hope -- and I'll say it for the record -- I hope the Eleventh Circuit reverses me and says you were wrong, Lazzara, and we'll come back here and we'll try it and we'll give it to that jury. EEOC and Zechella v. Outback Steakhouse, Inc., United States District Court, Middle District of Florida, Case No. 8:99-CV-2218-T-26-MSS; September 2001; Judge Richard A. Lazzara; Opposing Counsel: William Sizemore, Esquire. Dena Zechella was the lone female in the construction and design department at the headquarters of Outback Steakhouse, Inc. The company hired a man who had recently been released from prison for DUI manslaughter to do the same job as Ms. Zechella, but at a much higher salary. When Ms. Zechella complained about the pay discrimination, she was fired. I represented Ms. Zechella. The trial began on September 10, 2001. Due to the terrorist attacks on September 11, many judges nationwide declared mistrials. Our Judge decided we would go forward. We proved that Outback discriminated and retaliated against Ms. Zechella, and the jury awarded $2.2 million to her. Because it is headquartered in Tampa, Outback is a highly regarded company. This verdict brought attention to the issue of equal pay for women. Richardson v. HSN, United States District Court, Middle District of Florida, Case No. 8:07CV-1375-T-24 I defended the Home Shopping Network. Plaintiff, who was HIV positive, alleged his illness was a motivating factor in his termination. The case illustrated the potential damage that unfounded allegations of discrimination can have on employees and the importance of the discovery process. We were able to refute the allegations and resolve the case without a trial. Ernest v. 60 Watt, Inc., Thirteenth Judicial Circuit, Case No. 02-03326; December 2003; Judge Gregory Holder; Opposing Counsel: Herman Blumenthal, Esquire. My partner and I defended 60 Watt, Inc., a nightclub in Valrico, Florida. Mr. Ernest, 6' 4" and 270 pounds, was a patron on New Years Eve. When he went out to his truck to retrieve something, he noticed a young black male, 5' 7" and 145 pounds, standing next to his truck. After berating the young black male with the ultimate racial epithet for standing next to his truck, the young black male picked up a softball-sized chunk of concrete and threw it at Mr. Ernest, hitting him in the head and causing a concussion, severe laceration and a neck injury. Mr. Ernest sued the nightclub, alleging it should have protected him from the young, black male. Our defense was that there was nothing the nightclub operator could have done to prevent a one-punch attack, which was provoked by the use of racial epithets. Judge Greg Holder agreed, granting a directed verdict in favor of our client in this premises liability action. Judge Holder stated that this was the first time in his career that he had entered a directed verdict in a negligence case.
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Lothrop v. Dingfelder, Thirteenth Judicial Circuit, Case No. 10-14035; July-August 2010; Judge William P. Levens; Opposing Counsel: Mark Herron, Esquire; Murphey v. Saul-Sena, Thirteenth Judicial Circuit, Case No. 10-14104; July-August 2010; Judge Herbert J. Baumann, Jr. Opposing Counsel: Ronald G. Meyer, Esquire. In 2010, Brian Lothrop and Benton R. Murphey were electors who decided to challenge two Hillsborough County Commission candidates who violated the resignto-run law. I cocounseled with several other attorneys, all working pro bono, and represented Mr. Lothrop and Mr. Murphey. In a period of a few weeks, through the extraordinary cooperation of all of the parties attorneys, and the dedicated service of Judges Levens and Baumann, we were able to obtain trial court final judgments and an appellate ruling before the primary elections. The case was significant not only because it involved the important questions of whether two candidates for public office were lawfully nominated, but also because it demonstrated the legal system at its finest where the attorneys cooperated with one another to bring one case to judgment in less than one month and the other in five weeks, from the filing of the complaint to final judgment. During the midst of the case, I tore my biceps tendon, necessitating emergency surgery. Through the cooperation of my opposing counsel (and the wonders of modern technology), I was able to continue working on the case from home, and conducted the final hearing in one case with my arm in a cast. 31. Attach at least one example of legal writing which you personally wrote. If you have not personally written any legal documents recently, you may attach writing for which you had substantial responsibility. Please describe your degree of involvement in preparing the writing you attached. I wrote the submission in its entirety. PRIOR JUDICIAL EXPERIENCE OR PUBLIC OFFICE: 32a. Have you ever held judicial office or been a candidate for judicial office? If so, state the court(s) involved and the dates of service or dates of candidacy. No. 32b. List any prior quasi-judicial service: Dates Name of Agency Position Held

Types of issues heard:

32c.

Have you ever held or been a candidate for any other public office? If so, state the office, location and dates of service or candidacy.
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32d.

If you have had prior judicial or quasi-judicial experience, (i) List the names, phone numbers and addresses of six attorneys who appeared before you on matters of substance.

(ii)

Describe the approximate number and nature of the cases you have handled during your judicial or quasi-judicial tenure.

(iii)

List citations of any opinions which have been published.

(iv)

List citations or styles and describe the five most significant cases you have tried or heard. Identify the parties, describe the cases and tell why you believe them to be significant. Give dates tried and names of attorneys involved.

(v)

Has a complaint about you ever been made to the Judicial Qualifications Commission? If so, give date, describe complaint, whether or not there was a finding of probable cause, whether or not you have appeared before the Commission, and its resolution.

(vi)

Have you ever held an attorney in contempt? If so, for each instance state name of attorney, approximate date and circumstances.

(vii)

If you are a quasi-judicial officer (ALJ, Magistrate, General Master), have you ever been disciplined or reprimanded by a sitting judge? If so, describe.

BUSINESS INVOLVEMENT: 33a. If you are now an officer, director or otherwise engaged in the management of any business enterprise, state the name of such enterprise, the nature of the business, the nature of your duties, and whether you intend to resign such position immediately upon your appointment or election to judicial office. Officer/Director, Barker, Rodems & Cook, P.A. I will resign my position as soon as professionally possible. 33b. Since being admitted to the Bar, have you ever been engaged in any occupation, business or profession other than the practice of law? If so, give details, including dates. I have served as an adjunct instructor at Hillsborough Community College, Ybor City campus, teaching Business Law I and II in 2002, 2003 and 2006.

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33c.

State whether during the past five years you have received any fees or compensation of any kind, other than for legal services rendered, from any business enterprise, institution, organization, or association of any kind. If so, identify the source of such compensation, the nature of the business enterprise, institution, organization or association involved and the dates such compensation was paid and the amounts. No.

POSSIBLE BIAS OR PREJUDICE: 34. The Commission is interested in knowing if there are certain types of cases, groups of entities, or extended relationships or associations which would limit the cases for which you could sit as the presiding judge. Please list all types or classifications of cases or litigants for which you as a general proposition believe it would be difficult for you to sit as the presiding judge. Indicate the reason for each situation as to why you believe you might be in conflict. If you have prior judicial experience, describe the types of cases from which you have recused yourself. No. MISCELLANEOUS: 35a. Have you ever been convicted of a felony or a first degree misdemeanor? Yes No X If Yes what charges? Date of Conviction:

Where convicted? 35b.

Have you pled nolo contendere or pled guilty to a crime which is a felony or a first degree misdemeanor? Yes No X If Yes what charges? Date of Conviction:

Where convicted? 35c.

Have you ever had the adjudication of guilt withheld for a crime which is a felony or a first degree misdemeanor? Yes No X If Yes what charges? Date of Conviction:

Where convicted? 36a.

Have you ever been sued by a client? If so, give particulars including name of client, date suit filed, court, case number and disposition. No, however, in the interest of disclosure, my partner and law firm represented a client named Neil J. Gillespie, who nearly five years after the representation concluded, sued my partner and the law firm on August 15, 2005 in the Thirteenth Judicial Circuit, Case No. 05-CA-7205, alleging fraud and breach of contract. I successfully defended my partner and the law firm, obtaining judgment on the pleadings on November 28, 2007 and July 7, 2008 and summary judgment on September 28, 2010. On September 28, 2010, the same date that Judge Martha J. Cook entered summary judgment against Mr. Gillespie on his last remaining count and also adjudged him in contempt of court, Mr. Gillespie filed a lawsuit in the United States District Court, Case No. 5:10-cv-00503-WTH-DAB, against Judge Martha J. Cook, Judge James M. Barton, II,
16

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Judge Claudia Isom, the Thirteenth Judicial Circuit, Florida, me, his former attorney, and various court personnel, alleging that his civil rights were violated in the state court action. Specifically, Mr. Gillespie alleged that, in connection with defending my partner and my law firm, I violated his civil rights and retaliated against him because he complained of Americans with Disabilities Act violations. I moved to dismiss the complaint as to me and my law firm, and Mr. Gillespie requested leave to amend his complaint, but decided to dismiss me and my law firm from the action on November 1, 2010.

36b.

Has any lawsuit to your knowledge been filed alleging malpractice as a result of action or inaction on your part? No.

36c.

Have you or your professional liability insurance carrier ever settled a claim against you for professional malpractice? If so, give particulars, including the amounts involved. No.

37a.

Have you ever filed a personal petition in bankruptcy or has a petition in bankruptcy been filed against you? No.

37b.

Have you ever owned more than 25% of the issued and outstanding shares or acted as an officer or director of any corporation by which or against which a petition in bankruptcy has been filed? If so, give name of corporation, your relationship to it and date and caption of petition. No. Have you ever been a party to a lawsuit either as a plaintiff or as a defendant? If so, please supply the jurisdiction/county in which the lawsuit was filed, style, case number, nature of the lawsuit, whether you were Plaintiff or Defendant and its disposition. Yes. See answer 36.a. for additional details.

38.

39.

Has there ever been a finding of probable cause or other citation issued against you or are you presently under investigation for a breach of ethics or unprofessional conduct by any court, administrative agency, bar association, or other professional group. If so, give the particulars. No.

40.

To your knowledge within the last ten years, have any of your current or former co-workers, subordinates, supervisors, customers or clients ever filed a formal complaint or formal accusation of misconduct against you with any regulatory or investigatory agency, or with your employer? If so, please state the date(s) of such formal complaint or formal accusation(s), the specific formal complaint or formal accusation(s) made, and the background and resolution of such action(s). (Any complaint filed with JQC, refer to 32d(v). In approximately April 2003, a former client, Roslyn Vazquez, filed a complaint with the Florida Bar claiming I had charged an inappropriate fee in a contingency fee case, even though she signed a contingent fee contract, and signed a
17

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stipulation approving the fee, which was approved by the federal court. She also accused me of misrepresenting facts in a summary judgment hearing, despite that no motion for summary judgment was ever even filed, and telling her to testify untruthfully in court, even though there was never any in-court testimony. The Florida Bar dismissed each of these allegations as unfounded on June 18, 2003, determining that supporting material she submitted "belied her claims." In approximately September 2005, a former client, Rita Pesci, filed a complaint with the Florida Bar also claiming I had charged an inappropriate fee in a contingency fee case, even though she signed a contingent fee contract, and even though she signed a stipulation resolving the fee, which was presented to the federal court. The Florida Bar dismissed each of these allegations as unfounded on July 12, 2007, with the grievance committee voting 5-0 to find no probable cause, and declaring my fee to be reasonable and acknowledging my "cooperation with the investigation and [my] diligence in seeking to craft fee arrangements which are consistent with [my] obligations under the Rules." In approximately May 2007, Neil J. Gillespie, a former client of the law firm who sued our law firm in a dispute over attorneys fees, which I successfully defended (all claims disposed of by judgment on the pleadings and summary judgment), apparently filed a grievance against me with the Florida Bar. In his grievance, he alleged that I had used confidential information derived from our law firms previous representation of him while defending our law firm in the lawsuit. Without even requesting a written response from me, the Florida Bar found no basis for further proceedings and dismissed the complaint. I only learned of the complaint when the Florida Bar issued its letter dismissing it on May 15, 2007. On January 23, 2012, the Florida Bar advised me that a pro se plaintiff in a case I am defending filed an inquiry/complaint. Carl Montag made several allegations relating to my litigation of this matter, including that I did not give enough notice on a motion hearing, that my case law was not on point, that I did not cooperate in his efforts to schedule hearings, that he had issues about the manner and outcome of mediation, that I did not respond to his telephone calls or letters, that there was a possible fraud on the court regarding powers of attorney, and that there were discovery violations. On February 23, 2012, the Florida Bar sent a letter to Mr. Montag, closing the matter and stating, Mr. Rodems responded to your allegations by explaining the basis for his actions and asserting that his conduct was proper and in compliance with the Florida Rules of Civil Procedure. . . . There is insufficient evidence from the materials provided that Mr. Rodems has violated any of the rules adopted by the Supreme Court of Florida which govern attorney discipline. Accordingly, continued disciplinary proceedings in this matter are inappropriate and our file has been closed. On March 3, 2012, I received a copy of a letter from the Florida Bar to Robert Cash. I am representing a defendant in a lawsuit Mr. Cash filed. Apparently, Mr. Cash filed a complaint, but the Florida Bar did not even notify me of it or request a response. The letter to Mr. Cash stated, stated [a]fter careful consideration, I conclude that the matters referenced in your inquiry do not constitute violations of the Rules of Professional Conduct . . ..
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41.

Are you currently the subject of an investigation which could result in civil, administrative or criminal action against you? If yes, please state the nature of the investigation, the agency conducting the investigation and the expected completion date of the investigation. No.

42.

In the past ten years, have you been subject to or threatened with eviction proceedings? If yes, please explain. No.

43a.

Have you filed all past tax returns as required by federal, state, local and other government authorities? Yes __X__ No If no, please explain.

43b.

Have you ever paid a tax penalty? Yes No __x__

43c.

Has a tax lien ever been filed against you? If so, by whom, when, where and why? No.

HONORS AND PUBLICATIONS: 44. If you have published any books or articles, list them, giving citations and dates. I am a co-author of two books: Florida Practice Handbook, Workers' Compensation with Forms, Volumes 1 and 2, 1995 and Florida Practice Handbook, Motor Vehicle No-Fault Law, 1998. 45. List any honors, prizes or awards you have received. Give dates. I have been awarded a rating of "AV" by Martindale Hubbell, and I am Board Certified in Civil Trial law by the Florida Bar. 46. List and describe any speeches or lectures you have given. I have lectured on Ethics for Lorman Business Services for Continuing Legal Education, and these courses were approved for credit by the Florida Bar. I have also lectured for the Florida Association of School Board Officers, the Hillsborough County Bar Association Public Law School, the National Safety Council, the American Liver Foundation, Gulf Coast Chapter, and I have served in the past as a Certified Instructor, Workers' Compensation Adjusters, Florida Department of Insurance. 47. Do you have a Martindale-Hubbell rating? Yes __X__ If so, what is it? AV No

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PROFESSIONAL AND OTHER ACTIVITIES: 48a. List all bar associations and professional societies of which you are a member and give the titles and dates of any office which you may have held in such groups and committees to which you belonged. Florida Bar, 1992-current Hillsborough County Bar Association, 1992-current Past member of the Florida NELA, American Bar Association, the Lakeland Bar Association, ATLA, NASCAT. I was also a Barrister in the Justice William Glenn Terrell American Inn of Court from 2001-2003. Former member of the Board of Directors of the American Liver Foundation, Gulf Coast Chapter, and founder and former member of the Board of Directors of the Florida Liver Association. 48b. List, in a fully identifiable fashion, all organizations, other than those identified in response to question No. 48(a), of which you have been a member since graduating from law school, including the titles and dates of any offices which you have held in each such organization. National Rifle Association, since approximately 1998 Camelot Woods II Homeowners Association, President 2003-2005 American Liver Foundation, Gulf Coast Chapter, Board member Florida Liver Association, Board member 48c. List your hobbies or other vocational interests. I take guitar lessons with my son, and I enjoy golfing, fishing and attending sporting events. 48d. Do you now or have you ever belonged to any club or organization that in practice or policy restricts (or restricted during the time of your membership) its membership on the basis of race, religion, national origin or sex? If so, detail the name and nature of the club(s) or organization(s), relevant policies and practices and whether you intend to continue as a member if you are selected to serve on the bench. No. 48e. Describe any pro bono legal work you have done. Give dates. Throughout my career, I have represented a number of people in pro bono matters, including election law disputes, domestic violence injunction petitions, consumer contract disputes, landlord-tenant disputes, family law matters and have provided general legal advice. SUPPLEMENTAL INFORMATION: 49a. Have you attended any continuing legal education programs during the past five years? If so, in
20 Rev. 100209-OGC

what substantive areas? Civil Trial law, appellate law and ethics. 49b. Have you taught any courses on law or lectured at bar association conferences, law school forums, or continuing legal education programs? If so, in what substantive areas? Through Lorman Education Services, I have lectured on ethics for lawyers, and I have lectured on workers' compensation for insurance adjusters and employers. I have also taught business law classes at Hillsborough Community College, Ybor City campus. 50. Describe any additional education or other experience you have which could assist you in holding judicial office. At my current and former law firm, I have served as managing partner. I was responsible for hiring and discharging employees, administering the firm, managing its business affairs and developing new business. I have also taught college students at a community college. I have worked with diverse groups, including the American Liver Foundation and the Southern Christian Leadership Conference. I also served as President of my homeowners' association for two years. 51. Explain the particular potential contribution you believe your selection would bring to this position. My family moved to Lakeland in 1973 from Buffalo, New York. In 1994, I moved to Hillsborough County, and since then I have lived in Tampa or Brandon. After interning with the State's Attorney and later for Chief justice Leander Shaw, I wanted to work in public service. At 45 years of age, with over nineteen years of experience as lawyer handling complex civil litigation, including class and collective actions and multi-district litigation, I have a wide range of experiences that I believe have prepared me to serve as a judge. I take great pride in being prepared in the courtroom and in developing good working relationships with opposing counsel. Before he was a judge, I worked with Judge Stephens, and I had cases against Judge Sabella and Judge Levens. I have tried cases before Judge Holder, Judge Foster, Judge Cook, and Judge Levens. I have a tremendous amount of respect for these judges, and it would be an honor to serve with them. 52. If you have previously submitted a questionnaire or application to this or any other judicial nominating commission, please give the name of the commission and the approximate date of submission. In 2008, I submitted applications to the Tenth Judicial Circuit JNC. In 2009-2012, I have submitted applications to the Thirteenth Judicial Circuit JNC. I was nominated by both the Tenth and Thirteenth Judicial Circuits. 53. Give any other information you feel would be helpful to the Commission in evaluating your application. For several years, I had been contemplating seeking a judicial appointment, but I felt it was important to achieve Board Certification in Civil Trial law first. I met that goal in 2007.
21 Rev. 100209-OGC

In early 2008, a circuit vacancy occurred in Polk County. My parents still live in the same neighborhood where I grew up, and I still have many friends and clients in Polk County. I believed it was the right time in my career to pursue a judicial appointment. I nominated by the JNC in Polk County each time I applied. Several members of the Governor's legal staff discussed the issues posed by appointing applicants from outside a circuit, and they suggested that I apply in the circuit where I lived and practiced. Since 2009, I have only applied vacancies in the Thirteenth Judicial Circuit. REFERENCES: 54. List the names, addresses and telephone numbers of ten persons who are in a position to comment on your qualifications for judicial position and of whom inquiry may be made by the Commission. Hon. Richard A. Lazzara, United States District Court, 801 North Florida Avenue, Suite 15-B, Tampa, Florida 33602; 813/301-5350 Hon. Martha J. Cook, Thirteenth Judicial Circuit, 800 East Twiggs Street, Room 511, Tampa, Florida 33602; 813/272-6995 Hon. Steven Scott Stephens, Thirteenth Judicial Circuit, 800 East Twiggs Street, Room 420, Tampa, Florida 33602; 813/272-6992 Hon. Ken Hagan, Hillsborough County Board of County Commissioners, 601 East Kennedy Boulevard, Tampa, Florida 33602; 813/272-5452 Pedro F. Bajo, Jr., Esquire, Bajo Cuva Cohen & Turkel P.A., 100 N Tampa St Ste 1900 Tampa, Florida 33602; 813/443-2199 Shauna Burkes, Esquire, Home Shopping Network, 1 HSN Drive, St. Petersburg, Florida 33729; 727/872-4641 Peter J. Grilli, Esquire, Peter J. Grilli, P.A., 3001 West Azeele Street, Tampa, Florida 33609; 813/874-1002 James O. Simmons, Jr., President Emeritus, Pinellas County Urban League, 208 Excalibur Court, Brandon, Florida 33511; 813/661-7690 Lewis F. Collins, Jr., Esquire, Butler Pappas Weihmuller Katz Craig LLP, 777 South Harbour Island Boulevard, Tampa, Florida 33602-5729; 813/281-1900 Mark A. Alessandroni, P.E., Lakeland Laboratories, LLC, 1910 Harden Blvd, Lakeland Florida 33803; 863/686-4271

22 Rev. 100209-OGC

FINANCIAL HISTORY In lieu of answering the questions on this page, you may attach copies of your completed Federal Income Tax Returns for the preceding three (3) years. Those income tax returns should include returns from a professional association. If you answer the questions on this page, you do not have to file copies of your tax returns. 1. State the amount of gross income you have earned, or losses you have incurred (before deducting expenses and taxes) from the practice of law for the preceding three-year period. This income figure should be stated on a year to year basis and include year to date information, and salary, if the nature of your employment is in a legal field. My W-2 employee earnings in 2011 were $133,978. My year-to-date earnings are approximately $100,000; Income: 2010 $115,000; Income: 2009 -$133,272; 2008 -- $164,272; 2007 -- $130,000; 2006 -- $237,873. 2. State the amount of net income you have earned, or losses you have incurred (after deducting expenses but not taxes) from the practice of law for the preceding three-year period. This income figure should be stated on a year to year basis and include year to date information, and salary, if the nature of your employment is in a legal field. My W-2 employee earnings in 2011 were $133,978. My year-to-date earnings are approximately $6,000; Income: 2010 $115,000; Income: 2009 -$133,272; 2008 -- $164,272; 2007 -- $130,000; 2006 -- $237,873. 3. State the gross amount of income or losses incurred (before deducting expenses or taxes) you have earned in the preceding three years on a year by year basis from all sources other than the practice of law, and generally describe the source of such income or losses. None. 4. State the amount of net income you have earned or losses incurred (after deducting expenses) from sources other than the practice of law for the preceding three-year period on a year by year basis, and generally describe the sources of such income or losses. None.

24 Rev. 100209-OGC

JUDICIAL APPLICATION DATA RECORD The judicial application shall include a separate page asking applicants to identify their race, ethnicity and gender. Completion of this page shall be optional, and the page shall include an explanation that the information is requested for data collection purposes in order to assess and promote diversity in the judiciary. The chair of the Commission shall forward all such completed pages, along with the names of the nominees to the JNC Coordinator in the Governors Office (pursuant to JNC Uniform Rule of Procedure). (Please Type or Print) Date: September 14, 2012 JNC Submitting To: Thirteenth Judicial Circuit Name (please print): Current Occupation: Telephone Number: Gender (check one): Ryan Christopher Rodems Attorney 813/489-1001 Attorney No.: X Male Female White, non Hispanic

947652

Ethnic Origin (check one): X

Hispanic Black American Indian/Alaskan Native Asian/Pacific Islander County of Residence: Hillsborough

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