IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL

CIRCUIT, IN AND FOR HILLSBOROUGH COUNTY, FLORIDA

CIVIL DIVISION
,
NEIL GILLESPIE,
Plaintiff, Case No.: 05CA7205
Division: F
vs.
BARKER, RODEMS & COOK, P.A.,
a Florida corporation; and
WILLIAM J. COOK,
Defendants.
---------_/
TRANSCRIPT OF PROCEEDINGS
BEFORE: Honorable Richard A. Nielsen
Circuit Judge
TAKEN AT: Hillsborough County Courthouse
Tampa, Florida
DATE: June 28, 2006
TIME: 3:30 p.m.
REPORTER: William Herrmann
Court Reporter
Notary Public
State of Florida at Large
Berryhill & Associates, Inc.
813-229-8225
APPEARANCES
RYAN CHRISTOPHER RODEMS, ESQUIRE
Barker, Rodems & Cook, PA
400 North Ashley Drive, Suite 2100
Tampa, FL 33602
NEIL J. GILLESPIE, (pro se litigant)
8092 SW 115
th
Loop
Ocala, Florida 34481
INDEX
PAGE
Appearances 2
Index 3
Proceedings 4
Certificate of Reporter 23
4
PROCEEDINGS
THE COURT: What case?
MR. RODEMS: Your Honor, this is Gillespie v.
Barker and J. Cook, William J. Cook.
THE COURT: All right, what's up for today?
MR. RODEMS: Your Honor, the first motion is
the defendant's Motion to Compel Discovery and to
continue plaintiff's hearing on his Motion for
Summary Judgment. That was served, I believe, on
May 11
th

THE COURT: Yes, sir, I see that. And go
ahead.
MR. RODEMS: All right. Your Honor, Chris
Rodems for defendants. On June -- on March 28
th
,
2006, we served some interrogatories and a Request
for Production on Mr. Gillespie. We didn't
5
th
receive a response. On May of 2006, I sent an
e-mail to Mr. Gillespie advising him that the
interrogatories were overdue and it's our good-
faith effort to try to resolve it. Finally a week
ago, on June 21
st
, 2006, very untimely, we
received responses to the interrogatories and a
response to the Request for Production and a
number of objection to each but, of course,
untimely objections to discovery are waived under
5
applicable case law including insurance company
2 North America v. Noya(phonetic). I have copies of
3 these cases for you, Your Honor. That's at 398
4 So.2d 836. Also, Don Mott Agency, Inc., v.
5 Pullum(phonetic) , P-O-L-L-O-M, 352 So.2d 107 and
6 American v. Hill, 402 So.2d 1369; all three of
7 those cases stand for the proposition that
8 untimely objections to discovery are waived. So,
9 in support, as to the responses that were served
10 just barely a week ago, to the extent there's
11 objections to those, they're untimely and they're
12 waived.
13 Now, Mr. Gillespie claims that he sent a
14 letter to us on April 29
th
of 2006 objecting to
15 the manner of the Request for Production as to
16 where we wanted the documents produced and that's
17 true, he did send that letter; however, that
18 letter did not contain anything else about the
19 Request for Production itself, so he certainly
20 didn't comply with the portion of the Rule 1.350
21 regarding Request for Productions that requires
22 him to launch his objections for each item or
23 category that he has a problem with. And, of
24 course, the rules says, quote, when an objection
25 is made to part of an item or category, the part
6
shall be specified, closed quote. He didn't make
2 those objections in his April 29
th
letter.
3 He also promised in that letter and didn't
4 fulfill it that he would send us the responses by
5 May 17
th
It says, quote -- and I'm reading from
6 his letter which he attached to Exhibit 3 -- to a
7 motion that he filed today, quote, in the
8 alternative, I will respond to your Request for
9 Production by mailing copies of the items
10 requested, comma, subject to objection, comma, by
11 May 15
th
, 2006, closed quote. That did not
12 happen. He also made the same promise about the
13 interrogatory answers and that did not happen.
14 So, what we're seeking today is an order, Your
15 Honor, compelling him to respond to the
16 interrogatories without the objections and for
17 attorney's fees. He raised a number of objections
18 on privilege and there's some debate, I believe,
19 still in the appellate courts about whether
20 privileges can be waived by not timely objecting.
21 But regardless of whether they can or cannot, he
22 didn't provide a privilege log as required by
23 Florida Rule of Civil Procedure 1.280 (b) (5).
24 As far as the interrogatories, in a number of
25 the answers he says he was relying on Florida Rule
7
of Civil Procedure 1.340, sub paren C, which, as
2 Your Honor knows, is the option to produce
3 records. The only problem was, he didn't produce
4 any records, didn't make any available to us and
5 didn't point to us in these unproduced or
6 undeclared records where we could find the answers
7 to interrogatories. Instead, his response was,
8 "You have these records", and he says we have them
9 from representing him in the past. But I would
10 point out to the Court two things: First of all,
11 that's not proper procedure under Rule 1.340(c);
12 you can't just say, "you already know", that's not

13 the way you respond. And second, our
14 representation of him ended some four or five
IS years ago. So, whatever has happened the last
16 four or five years, we certainly have no idea
17 about. So, his responses are deficient in that
18 regard.
19 Now, we've also moved to continue his August
1
st
20 Motion for Summary Judgment on the basis that
21 he hasn't provided the discovery that we've
22 requested
23 THE COURT: All right. Well, we'll take that
24 up if we have time at the end of this hearing.
25 Let's address -- are you through with your
8
discovery issues?
2 MR. RODEMS: Yes, sir.
3 THE COURT: Mr. Gillespie?
4 MR. GILLESPIE: Good afternoon, Judge. I did
5 respond to the defendant's Request for Production.
6 Attached is a -- to my plaintiff's Motion for an
7 Order of Protection, Exhibit 3. I address each
8 area of production. This is in reply to
9 defendant's Request for Production. They were
10 demanding that I come to their office on May the
11 4
U
', 2006 at 9:00 a.m. I objected to their
12 request and I told him I will not appear in his
13 office for any reason due to his threats against
14 me. And, Judge, he has asked for a bailiff to be
15 here; for him to ask me to come to his office, I
16 think, is outrageous.
17 I offered to -- in the alternative, I offered
18 to respond to his request by mailing copies of the
19 items requested subject to objection by May 15
th

20 He never responded to this other than to file his
21 Motion to Compel. And with regard to the
22 interrogatories, I gave him the same answer, I
23 will provide the answers subject to objection by
24 May 15
th
; again, he did not respond to that other
25 than to file a Motion to Compel. And he filed
9
that Motion to Compel before May 15
th

So, when
2
he did that, I took that as a constructive
3
rejection of what he was offering -- of what I
4 offered him and, therefore, I just responded to
5
his Motion to Compel with this letter of
6 protection and the responses are attached.
7 I also noted that he has -- all the items
8 requested to which you are entitled by way of your
9 prior representation of me. Now, Mr. Rodems has
10 told the Court that this was four or five years
11 ago and that's true, but nothing pertinent to this
12 case has happened during that time. The matters
13 that he knows about involve fraud and breach of
14 contract are from that time period.
15 I'm asking the Court in my Order of
16 Protection to limit their that the records
17 asked to be produced are kept in Ocala. If Mr.
18 Rodems wants to view them because he rejected my
19 offer to send copies, then he can view them at the
20 Marion County Law Library upon notice to me. And
21 the law library has facilities there to copy the
22 documents for Mr. Rodems. It's also a secure
23 facility with a bailiff present as is required
24 here.
25 As to the discovery where I invoke the
10
attorney-client privilege, I'm going to ask that
2
that discovery be prohibited. He's asked for my
3
medical records which bear nothing on this case
4
whatsoever. I've asked -- I've invoked the
5
doctor-patient privilege and asked for that
6 discovery to be prohibited.
7 As to the discovery I objected to, I ask the
8 Court to prohibit that discovery and to rely on
9 the records under Rule 1.340(c), option to produce
10 records. The records are already in their
II possession and, specifically, those records are
12 the answers to interrogatories in two cases: That
13 would be the Amscott lawsuit and the Ace lawsuit.
14 The discovery for production of documents in those
15 lawsuits, a deposition on May 14
th
, 2001,
16 settlement on October 30
th
and November pI of 2001
17 and another deposition on October 10
lh
, 2000 and
18 another settlement on June 12
th
, 2000. I feel
19 that they have everything that they're entitled
20 to.
21 And I also asked -- because Mr. Rodems
22 indicated that he intends to depose Amscott's
23 attorney, Mr. John --
24 THE COURT: Emmanuel.
25 MR. GILLESPIE: Pardon?
11
THE COURT: Wasn't it Emmanuel?
2 MR. GILLESPIE: No, it's
3 THE COURT: Pardon me.
4 MR. GILLESPIE: -- Mr. Anthony. I asked for a
5 preemptive letter of protection as to the subject
6 matter allowed, the time, place and security
7 duration and persons in attendance. That's all I
8 have to say on that and then I have some comments
9 about their Motion to Continue Summary Judgment.
10 THE COURT: Mr. Rodems?
11 MR. RODEMS: All right. First of all, Judge,
12 this continued allegation by Mr. Gillespie that

13 there's been a threat against him, there's been no
14 threat against him; he is the one that threatened
15 me when we had a telephone conversation and he
16 told me he was going to slam me up against your
17 hearing chambers wall. That's never been
18 followed, but he continues to repeat it in every
19 pleading and then, you know, the idea is that, I
20 guess, if you've got judicial immunity from what
21 you say -- but the bottom line is, is that there's
22 been nothing but cordial behavior on our part.
23 We've asked him to send the records to us. He's
24 phrasing this record -- the letter of April 29
th
25 as his request; there's nothing in here that
12
requests me to do anything. He didn't give us the
2 records. He's the one that asserted he would send
] them to me by May 15
th
Either way, they were
4 late. He filed no objections, he did not file a
5 Motion for Continuance, he did not ask me for a
6 continuance, he did not file a Motion for
7 Protective Order. He just did not do anything
8 until a week ago, knowing that this hearing was
9 the books by that time.
10 As far as his argument the records are in our
11 possession, we are entitled to discovery in this
12 case of the matters that he has. If he has
13 records that he says we can gather all the answers
14 that we're seeking, he's got an obligation to
15 produce those. He can't just say, "you have them
N
16 or "you know the answer
N
; that's not a proper
17 discovery response.
18 We're in a situation here, Judge, where Mr.
19 Gillespie is not following the Florida Rules of
20 Civil Procedure. And so we're here saying, look,
21 the rules say 30 days to respond; if you choose to
22 not respond for several months and until a week
23 before the hearing, you know, we have -- we're
24 entitled to have the rules complied with by Mr.
25 Gillespie. And we would ask you to rule his
13
objections untimely as the case law holds, order
2
him to provide the discovery. And if you want to
3
set a special procedure for how he can produce the
4
records to us, I don't have any problem with that,
5
but that doesn't excuse failing to respond to the
6 Request for Production until a week ago or the
7 interrogatories until a week ago.
8 MR. GILLESPIE: May I respond to that, Judge?
9 THE COURT: Just a moment. Mr. Rodems,
10 address the issue of the location of production in
11 this situation where you're asking production from
12 the plaintiff and you're asking for it to be
13 produced in Hillsborough County.
14 MR. RODEMS: Well, the -- he brought the case
15 in Hillsborough County, Mr. Gillespie did. And we
16 think it's appropriate since this is -- obviously
17 hearing this case in Hillsborough County, we think
18 it's appropriate to have the records that we've
19 requested produced here. If he wants to charge us
20 15 cents a page, if the records don't exceed 1,000
21 pages, we'll be happy to pay 15 cents if he can
22 send us copies. I have no objection to that as a
23 procedure. You know, so that's perfectly fine.
24 THE COURT: All right. As to the objections,
25 those are overruled as being untimely filed.
5
10
15
20
25
14
MR. GILLESPIE: Judge, can I
2
THE COURT: No, sir. Let me finish my ruling,
3
sir. The way it operates is the party bringing
4 the motion gets to argue, the party responding
gets a response, the party bringing the motion
6 gets a reply and then it's over unless I ask for
7 some clarification. That applies not just to pro
8 se parties but everybody that comes into this
9 hearing room. Do you understand?
MR. GILLESPIE: Thank you, Judge.
11 THE COURT: As to the production, the Rule
12 1.340(c) will apply, Mr. Gillespie, if
13 appropriate, as to records that are in your
14 possession and kept in the ordinary course of your
record-keeping. I believe you will find if you
16 research that rule and the terms of the rule that
17 that permits the opposing party to inspect those
18 records as they are kept, In the location that
19 they are kept. So, you have the alternative to
comply in that manner. In some of your responses,
21 I think you suggest that that is not acceptable to
22 you, but I'm just telling you that is one of your
23 options. It is not an option that records kept in
24 someone else's possession, whether it is the

plaintiff, the defendant or a co-defendant or co-
15
plaintiff, it is a right that exists only as to
2 the party directly responding. So, you must
1 respond to the Request for Production either by,
4 as I say, making those records available wherever
5 they are kept in your possession; you can make
6 copies of them subject to prior agreement of the
7 parties as to volume, cost and the like, which is
R typically done; or you will have to produce them
9 in Hillsborough County.
10 Now, you can select the location in Hillsborough
11 County if you decide to produce them in
12 Hillsborough County.
13 If anyone wants security provided for that,
14 that security will be at the cost of the party
15 requesting the security. In other words, that
16 party, whether it's in Marion County or
17 Hillsborough County or some neutral site in
18 between, the party that wants security makes
19
arrangements for that security at their own cost.
20
The reason that there's a bailiff present in this
21
hearing room is that it is the policy of this
22
Court whenever there's a pro se party, a bailiff
23
is present in the courtroom -- or in the hearing
24
room or courtroom. And that's not just my policy,
25
but the policy of most other judges and, I think,
16
the preference of the Sheriff, David Gee, in
2 Hillsborough County.
3 As to any privilege that you're raising for
4 now and subject to any court decisions that may
5 sway me to the contrary, I'm preserving those
6 objections, but those objections must be stated
7 specifically, a privilege log must be produced in
8 accordance with the Rules of Civil Procedure so
9 that -- and I won't recite that to you, but in
10 essence you must describe the document
11 sufficiently that it can be -- some assessment
12 could be made, not only by the other party but by
13 the Court as to the sufficiency of the claim of
14 privilege on the document and the nature of the
15 privilege being asserted.
16 Did I miss anything in your motion, Mr.
17 Rodems?
18 MR. RODEMS: Yes, sir, the issue about
19
attorney's fees for bringing this motion.
20 THE COURT: That will be granted and I'll
21
allow the parties to either agree on some
22
appropriate amount or you can set a separate
23 hearing on that issue.
24
MR. RODEMS: That covers it, Your Honor.
25
THE COURT: All right. Now, it's 4:39. Mr.'
17
Gillespie, you have one minute.
2 MR. RODEMS: Your Honor, I'm sorry, there was
3 the second part of my motion about the continuance
4 of the summary judgment motion.
5 THE COURT: When is summary judgment set?
6 MR. RODEMS: I believe that's scheduled August
7 1
st
, but obviously -- and I guess we also did not
8 discuss a time frame to comply with this Court's
9 order today.
10 THE COURT: Mr. Gillespie, is 20 days
11 sufficient?
12 MR. GILLESPIE: What parameters are available
13 for mailing and so forth?
14 THE COURT: Well, depending on the -- when the
15 order gets over here, you'll have 20 days from the
16 date of the order and on the 20
th
day from the
17 date of order, they must be shown as postmarked.
18 MR. GILLESPIE: Are you overruling -- did I
19 hear you right, you're overruling the objections?
20 THE COURT: I'm overruling all objections
21 except as to privilege.
22 MR. GILLESPIE: Can I take an interlocutory
23 appeal on this, Judge?
24 THE COURT: You'll have to make that decision
25 on your own based upon your assessment of my court
18
ruling and the applicable case law.
2
MR. GILLESPIE: Yes, I -- I have some case law
3 here but I guess I didn't present it timely
4 enough. But in any event, will that stay your
5 court order?
6 THE COURT: You'll have to check the rules on
7 that, sir.
8 MR. GILLESPIE: Okay. I'm probably going to
9 take an interlocutory appeal because I do believe
10 that Mr. Rodems was notified that I objected and
11 it was quite clear in my April 29
th
letter to him.
12 I would also point out to the Court that pro se
13 litigants are not held to the same stringent
14 requirement as attorneys because they haven't gone
15 to law school and they're not members of the Bar
16 and I think that this letter meets the
17 requirements of a pro se litigant.
18 THE COURT: All right, sir. It makes for an
19 interesting issue.
20 MR. GILLESPIE: Okay. And as for the -- I
21 think you said something about 15 cents a page or
22 someone said that --
2J THE COURT: Well, you can talk about that
24 outside the courtroom.
25 MR. GILLESPIE: -- that's what the law library
19
charges. I would seek the maximum under Florida
2 law, I think it's a dollar a page.
3 THE COURT: It's a dollar for the clerk of the
4 court, it's not going to be an amount that I'm
5 going to approve.
6 MR. GILLESPIE: Okay.
7 THE COURT: Or find to be reasonable.
8 Legislature apparently has found it to be
9 reasonable for the clerk to charge that, but
10 that's charging for labor and the services of the
II clerk of the court. I'll not rule on that,
12 whether it's reasonable or not.
13 MR. GILLESPIE: Okay.
14 MR. RODEMS: Your Honor, we do have a summary
1
st
15 judgment hearing scheduled on August and we
16 would just ask that that be continued until we can
17 complete discovery. And I have the case law on
18 that issue also.
19 THE COURT: Well, Mr. Gillespie, do you want
20 agree to that or reset this issue?
21 MR. GILLESPIE: No, we'll reset that because
22 this isn't even a matter for the Uniform Discovery
23 Motion Calendar and
24 THE COURT: I'm sorry?
25 MR. GILLESPIE: -- we can reset that.
20
THE COURT: On the summary judgment? You're
2 agreeing to the resetting of that?
3 MR. GILLESPIE: No, I'm not agreeing.
4 THE COURT: All right. So your motion will be
5 reset.
6 MR. RODEMS: On the continuance of the summary
7 judgment, I need to reset it?
8 THE COURT: That's correct.
9 MR. RODEMS: Yes, sir. We set it today
10 because the judicial assistant advised that we
11 should do the discovery and that at the same time.
12 Is there a -- is it okay to set the continuance of
13 the summary judgment on the traditional or the
14 customary UMC document --
15 THE COURT: I think you can probably do that.
16 MR. RODEMS: Yes, sir.
17 THE COURT: That's five minutes per side.
18 MR. RODEMS: Okay. And that's in the morning.
19 Mr. Gillespie has had problems with that before.
20 As long as I'm able to schedule a hearing prior to
21 August pIon this, I'm fine but, obviously, if
22 the Court were to rule that we were not to get a
23 continuance, I would need time to complete the
24 discovery. So, if Mr. Gillespie can cooperate
25 with me in getting a hearing scheduled within the
21
next two weeks, I think it would be fine.
2 THE COURT: Well, my judicial assistant has
3 left for the day. We are not here next week so
4 that limits your time substantially. And if you
5 think you need additional time beyond 10
6 minutes --
7 MR. RODEMS: I don't think so.
8 THE COURT: -- I would mention it to her and
9 we'll try to accommodate that sometime in the next
10 few weeks.
11 MR. RODEMS: Yes, sir. Okay. And is it all
12 right if I prepare the proposed order, Your Honor?
13 THE COURT: Yes, sir.
14 MR. RODEMS: Okay. And, of course, I'll
15 transmit that to Mr. Gillespie before bringing it
16 to the Court. And was the 20 days based on --
17 THE COURT: Date of the order.
18 MR. RODEMS: -- date of the order? Yes, sir.
19 Thank you for your time, Judge.
20 MR. GILLESPIE: Thank you, Judge. And, Your
21 Honor, would you ask that Mr. Rodems leave the
22 area. The last time he left, he was taunting me
23 in the hallway and I don't want that to happen
24 today.
25 THE COURT: Well, you can stay next to my
22
bailiff until he goes home and then you can decide
2 what you want to do, sir.
3 MR. GILLESPIE: Thank you.
4 MR. RODEMS: Good day, Your Honor.
5 (Hearing concluded)
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C-E-R-T-I-F-I-C-A-T-E
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
I, WILLIAM HERRMANN, Court Reporter for the
Circuit Court of the Thirteenth Judicial Circuit of the
State of Florida, in and for Hillsborough County,
DO HEREBY CERTIFY, that I was authorized to and did,
through the County of Hillsborough, report in shorthand the
proceedings and evidence in the above-styled cause, as
stated in the caption hereto, and that the foregoing pages,
numbered 1 to 22 inclusive, constitute a true and correct
transcription of my stenographic report of said proceedings
and evidence.
IN WITNESS WHEREOF, I have hereunto set my hand in the
City of Tampa, County of Hillsborough, State of Florida this
5th day of July, 2006.
WILLIAM HERRMANN, Court Reporter,
By: w . / L . . ~
William Herrmann
Berryhill & Associates, Inc.
I
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16
20th [1]17:16
2100 [1]2:4
21st [1]4:21
22 [1]23:11
28[1]1:18
28th [1]4:14 American [1]5:6
B
29th [4]5:14 6:211: amount [2]16:22 19: bailiff [5] 8: 14 9:23
2418:11 4
Amscott [1]10:13
Amscott's [1]10:22
anothed2] 10:17,18
answer [2] 8:22 12: 16
answers [6] 6: 13,25 7:
68:2310:1212:13
Anthony [1]11:4
apparently [1]19:8
appeal [2]17:23 18:9
appear [1]8:12
APPEARANCES [1]2:
1
Appearances..............
15:20,2222:1
Bad1] 18:15
barely [1]5:10
BARKER [3]1:8 2:3 4:
4
based [2]17:25 21: 16
basis [1]7:20
bear [1]10:3
behavior [1]11 :22
believe [5]4:9 6:18
14:1517:618:9
Berryhill [2]1 :24 23:
20
between [1]15:18
beyond [1]21:5
clear [1]18:11
clerk [3]19:3,9,11
closed [2]6:1,11
co [1]14:25
co-defendant [1]14:
25
come [2]8:10,15
comes [1]14:8
comma [2] 6: 10, 10
comments [1]11:8
companr [1]5:1
Compel 5]4:78:21,
259:1,5
[1]6:15
complete 2]19:17
3
3 [2]6:6 8:7
3:30 [1]1:19
30 [1]12:21
30th [1]10:16
33602 [1]2:5
34481 [1] 2:8
352 [1]5:5
398 [1]5:3
4
4:39 [1]16:25
400 [1]2:4
402 [1]5:6
Sheet 1
1- complete
20:23 day [4]17:1621:322: essence [1] 16:10 6 4:3,16,18 5: 13 8:3,
complied [1]12:24 423:16 even [1]19:22 410:2511:2,4,1212:
comply [3] 5:20 14:20 days [4]12:21 17:10, event [1]18:4 19,2513:8,1514:1,
17:8 1521:16 everybody [1]14:8 10,1217:1,10,12,18,
concluded [1] 22:5 debate [1] 6: 18 [1]10:19 22 18:2,8,20,25 19:6,
constitute [1] 23: 11 decide [2]15: 11 22: 1 evidence 2] 23:9,13 13,19,21,2520:3,19,
constructive [1] 9:2 decision [1]17:24 exceed [1] 13:20 24 21: 15,20 22:3
contain [1] 5:18 decisions [1] 16:4 except [1] 17:21 give [1] 12:1
Continuance [6] 12:5, defendant [1] 14:25 excuse [1] 13:5 got [2] 11 :2012:14
617:320:6.12,23 defendant's [3]4:7 8: Exhibit [2] 6:6 8:7 granted [1] 16:20
continue [3] 4:8 7:19 5,9 exists [1]15:1 guess [3]11 :20 17:7
11:9 Defendants [2] 1: 11 4: extent [1] 5:10 18:3
continued [2]11:12 14
F H
19:16
continues [1] 11:18
contract [1] 9:14
contrary [1]16:5
conversation [1] 11:
15
COOK [5]1:8,10 2:3
4:4,4
cooperate [1] 20:24
copies [6] 5:2 6:9 8:
189:1913:2215:6
copy [1]9:21
cordial [1] 11:22
corporation [1]1:9
correct [2]20:8 23:11
cost [3]15:7.14,19
COUNTY [16]1:2,16
9:2013:13,15,1715:
9,11,12,16,1716:2
23:3,6,8.15
course [4]4:24 5:24
14:1421:14
COURT [56]1:1,214:
2,5,11 7:10,238:39:
10,1510:8,2411:1,3,
1013:9,2414:2,11
15:22 16:4,13,20,25
17:5,10,14,20,24,25
18:5,6,12,18,2319:3,
4,7,11,19,2420:1,4,8,
15,17,2221:2,8,13,
16,17,2523:4,5,17
Court's [1]17:8
Courthouse [1] 1:16
courtroom [3]15:23,
2418:24
courts [1]6:19
covers [1]16:24
customary [1]20:14
deficient [1] 7:17
demanding [1] 8:10
[1] 17:14
depose [1 10:22
deposition [2] 10:15,
17
describe [1] 16:10
directly [1]15:2
Discovery [18] 4:7,25
5:87:21 8:1 9:2510:
2,6,7,8,1412:11,17
13:219:17,2220:11,
24
discuss [1]17:8
DIVISION [2]1 :3,6
doctor-patient [1]10:
5
document [3]16:10,
1420:14
documents [3]5:169:
2210:14
dollar [2]19:2,3
Don [1]5:4
done [1] 15:8
Drive [1] 2:4
due [1]8:13
duration [1]11:7
during [1]9:12
facilities [1] 9:21
facility [1] 9:23
failinr [1] 13:5
faith 1] 4:20
far [2] 6:24 12: 10
feel [1] 10:18
fees [2]6:1716:19
few [1] 21:10
file [4] 8:20,25 12:4,6
filed [4]6:7 8:25 12:4
13:25
[1] 4:20
find [ ]7:614:1519:
7
fine [3]13:23 20:21
21:1
finish [1]14:2
first [3]4:6 7:1011:
11
five [4]7:14,16 9:10
20:17
FL [1]2:5
FLORIDA [12]1:2,9,
17,232:86:23,2512:
1919:123:2,6,15
followed [1]11:18
following [1]12:19
foregoing [1]23:10
forth [1]17: 13
found [1]19:8
four [3]7:14,16 9:10
frame [1]17:8
fraud [1]9:13
fulfill [1] 6:4
hallwar [1] 21 :23
hand [ ] 23:14
happen [3]6:12,13
21:23
happened [2] 7:15 9:
12
happr [1] 13:21
hear 1] 17:19
hearing [14]4:8 7:24
11:1712:8,2313:17
14:915:21,2316:23
19:1520:20,2522:5
held [1]18:13
HEREBY [1]23:7
hereto [1]23:10
hereunto [1]23:14
Herrmann [4]1 :2023:
4,17,19
Hill [1]5:6
HILLSBOROUGH
[14]1:2,1613:13,15,
1715:9,10,12,1716:
2 23:3,6,8,15
holds [1] 13:1
home [1]22:1
Honor [12] 4:3,6,13 5:
3 6: 15 7:2 16:24 17:2
19:1421:12,21 22:4
Honorable [1]1:14
however [1]5:17
E
e-mail [1]4:18
each [3]4:24 5:22 8:7
effort [1]4:20
Either [3]12:315:3
16:21
else's [1]14:24
Emmanuel [2]10:24
11:1
end [1]7:24
ended [1]7:14
enough [1]18:4
entitled [4]9:810:19
12:11,24
ESQUIRE [1] 2:2
I
idea [2]7:1611:19
immunity [1] 11:20
Inc [3]1 :24 5:4 23:20
including [1]5:1
inclusive [1] 23: 11
INDEX [1]3:1
Index...........................
...........3 [1]3:4
indicated [1] 10:22
inspect [1]14:17
Instead [1] 7:7
G
gathed
1
] 12:13
gave [1]8:22
Gee [1]16:1
gets [4]14:4,5,6 17:
15
getting [1]20:25
GILLESPIE [39]1:4 2:
D
DATE [5]1:1817:16,
1721:17,18
David [1]16:1
Sheet 2
complete - Instead
insurance [1] 5: 1 18:11,16 Nielsen [1]1:14 outside [1]18:24
intends [1]10:22 Library [3]9:20,21 18: North [2] 2:4 5:2 over [2]14:617:15
interesting [1]18: 19 25 Notary [1]1 :22 overdue [1]4:19
interlocutory [2]17: limit [1]9:16 noted [1] 9:7 overruled [1]13:25
22 18:9 limits [1] 21:4 nothing [4]9:11 10:3 overruling [3]17: 18,
interrogatories [9] 4: line [1]11:21 11:22,25 19,20
15,19,226:16,247:7 litigant [2]2:618:17 notice [1] 9:20 own [2]15:19 17:25
8:2210:1213:7 litigants [1]18:13 notified [1]18:10
P
[1]6:13
invoke [1] 9:25
invoked [1] 10:4
involve [1] 9: 13
isn't [1] 19:22
issue [6] 13:10 16:18,
2318:1919:18,20
issues [1]8:1
item [2]5:22,25
items [3] 6:9 8:19 9:7
itself (1] 5: 19
location [3]13:10 14:
1815:10
log [2]6:22 16:7
long [1]20:20
look [1]12:20
Loop [1] 2:7
November [1]10:16
Noya(phonetic [1] 5:
2
number [3]4:246:17,
24
numbered [1]23:11
P-U-L-L-U-M [1] 5:5
P.A [1] 1:8
p.m [1]1:19
PA [1]2:3
PAGE [4] 3:213:20
18:21 19:2
pages [2]13:21 23:10
parameters [1]17:12
Pardon [2]10:2511:3
paren [1]7:1
part [4]5:25,2511:22
17:3
parties [3] 14:8 15:7
M
made [3]5:25 6:1216:
12
mailing [3]6:98:18
17:13
manner [2]5:1514:
20
0
objected [3]8:1110:
718:10
objecting [2]5:14 6:
20
objection [6]4:24 5:
246:108:19,2313:
J
John [1]10:23
Judge [11]1:15 8:4, March [1]4:14 22 16:21
1411:1112:1813:8 Marion [2] 9:20 15: 16 objections [14] 4:25 party [10]14:3,4,5,17
14:1,1017:2321:19, matterl2] 11:619:22 5:8,11,226:2,16,17 15:2,14,16,18,2216:
20 matters [2]9:12 12: 12:413:1,2416:6,6 12
judges [1]15:25 12 17:19,20 past [1] 7:9
Judgment [9]4:9 7: maximum [1]19:1 obligation [1]12:14 pay [1]13:21
2011:917:4,519:15 medical [1]10:3 obviously [3]13: 16 per [1]20:17
20:1,7,13 meets [1]18:16 17:720:21 perfectly [1]13:23
JUDICIAL [5] 1: 1 11: members [1] 18:15 Ocala [2] 2:8 9: 17 period [1]9:14
2020:1021:223:5 mention [1] 21:8 October [2] 10:16,17 permits [1] 14:17
July [1]23:16 minute [1]17:1 offer [1]9:19 persons [1]11:7
June [4]1:18 4:14,21 minutes [2]20:17 21: offered [3]8:17,17 9: pertinent [1] 9: 11
10:18 6
miss [1]16:16
moment [1]13:9
months [1]12:22
[1]20:18
most [1 15:25
motion [21]4:6,7,86:
77:208:6,21,259:1,
511:912:5,614:4,5
16:16,1917:3,419:
2320:4
Mott [1] 5:4
moved [1]7:19
must [5]15:216:6,7,
1017:17
N
4
[1] 9:3
office [ ]8:10,13,15
Okay [8]18:8,20 19:6,
1320:12,1821:11,14
one [4]11:1412:214:
2217:1
only [3] 7:3 15:116:
12
operates [1]14:3
oPPosinR [1] 14:17
option [3 7:2 10:9 14:
23
options [1]14:23
orderl13] 6:14 8:7 9:
1512:713:117:9,15,
16,1718:521:12,17,
18
[1]14:14
other [ 8:20,24 15:
15,2516:12
out [2] 7:10 18:12
outrageous [1] 8:16
Phrasinr [1]11 :24
place [1 11:6
Plaintiff [4]1:513:12
14:2515:1
plaintiffs [2]4:8 8:6
Pleadinr [1] 11:19
point [3 7:5,1018:12
policy [3]15:21,24,25
portion [1] 5:20
possession [5]10:11
12:11 14:14,2415:5
postmarked [1] 17:17
preemptive [1] 11:5
preference [1] 16:1
prepare [1]21:12
present [4]9:2315:
20,2318:3
preserving [1]16:5
prior [3] 9:915:620:
20
privilege [9]6:18,22
10:1,516:3,7,14,15
17:21
K
kept [6] 9:1714:14,18,
19,2315:5
[1]12:8
knows ] 7:2 9: 13
L
labor [1]19:10
Large [1] 1:23
last [2] 7: 15 21 :22
late [1] 12:4
launch [1] 5:22
law [10] 5:1 9:20,21
13:1 18:1,2,15,2519:
2,17
lawsuit [2]10:13,13
lawsuits [1] 10:15
leave [1] 21:21
left [2] 21 :3,22
Legislature [1] 19:8
letter [11] 5: 14, 17, 18
6:2,3,6 9:5 11 :5,24
nature [1] 16:14
need [3] 20:7,23 21:5
NEIL [2] 1:4 2:6
neutral [1]15:17
never [2] 8:20 11: 17
next [4]21:1,3,9,25
..
Sheet 3 Insurance - privilege
privileqes [1] 6:20 record [1]11:24 34:3,6,13,148:2 9:9, 1621:11,13,1822:2
pro [5]2:6 14:7 15:22 record-keeping [1] 18,2210:2111:10,11 site [1]15:17
18:12,17 14:15 13:9,1416:17,18,24 situation [2]12:18 13:
probably [2]18:8 20: records [21]7:3,4,6,8 17:2,618:1019:14 11
15 9:1610:3,9,10,10,11 20:6,9,16,1821:7,11, slam [1]11:16
problem [3] 5:23 7:3 11:2312:2,10,1313: 14,18,21 22:4 So.2d [3] 5:4,5,6
13:4 4,18,2014:13,18,23 room [3]14:9 15:21, someone [2]14:24
problems [1]20:19 15:4 24 18:22
Procedure [7] 6:23 7: regard [2]7:188:21 Rule [11]5:20 6:23, sometime [1]21:9
1,1112:2013:3,23 regarding [1]5:21 257:11 10:912:25 sorry [2]17:2 19:24
16:8 regardless [1]6:21 14:11,16,1619:1120: special [1]13:3
PROCEEDINGS [4]1: rejected [1]9:18 22 specifically [2]10:11
134:123:9,12 rejection [1] 9:3 rules [6]5:2412:19, 16:7
Proceedings............... rely [1]10:8 21,2416:818:6 specified [1]6:1
.................4 [1]3:5 relying [1]6:25 ruling [2]14:2 18:1 stand [1]5:7
produce [7] 7:2,3 10: repeat [1]11:18 RYAN [1]2:2 State [4]1 :2323:2,6,
15
stated [2]16:6 23:10
stay [2]18:4 21 :25
stenographic [1] 23:
12
still [1]6:19
stringent [1]18:13
sub [1]7:1
sUbject [6] 6: 10 8: 19,
2311:515:616:4
[1] 21:4
sufficiencr 1]16:13
sufficient 1]17: 11
sufficiently [1]16:11
suggest [1]14:21
Suite [1]2:4
Summary [9]4:9 7:20
11:917:4,519:1420:
1,6,13
SUPf0rt [1] 5:9
SW 1]2:7
sway [1]16:5
912:1513:315:8,11 reply [2]8:8 14:6
S
produced [5]5:169:
1713:13,1916:7
Production [14]4:16,
235:15,196:98:5,8,
910:1413:6,10,11
14:1115:3
Productions [1]5:21
prohibit [1]10:8
prohibited [2]10:2,6
promise [1]6:12
promised [1]6:3
proper [2]7:11 12:16
proposed [1]21:12
proposition [1]5:7
Protection [4]8:7 9:6,
1611:5
Protective [1]12:7
provide [3] 6:22 8:23
13:2
provided [2]7:21 15:
13
report [2] 23:8,12
REPORTER [4]1:20,
21 23:4,17
....................2
representation [2]7:
149:9
[1] 7:9
Request [13 4:15,23
5: 15, 19,21 6:88:5,9,
12,1811:2513:615:
3
requested [5]6:107:
228:199:813:19
requestinR [1]15:15
requests 1]12:1
required [2] 6:22 9:23
requirement [1]18:14
requirements [1]18:
17
requires [1]5:21
same [4]6:12 8:22 18:
1320:11
[1]12:20
says ]5:24 6:5,25 7:
812:13
schedule [1]20:20
scheduled [3]17:6
19:1520:25
school [1]18:15
se [5]2:6 14:8 15:22
18:12,17
second [2]7:13 17:3
secure [1]9:22
security [6]11:6 15:
13,14,15,18,19
see [1]4:11
seek [1]19:1
seeking [2]6:14 12:
14
select [1]15:10
send [6]5:17 6:4 9:19
Public [1]1:22 research [1]14:16
11:2312:213:22
T
Pullum(phonetic [1]
5:5
reset [5]19:20,21,25
20:5,7
resettiny [1]20:2
resolve 1] 4:20
respond [11] 6:8,15 7:
138:5,18,2412:21,
2213:5,815:3
responded [2]8:20 9:
4
responding [2]14:4
15:2
response [5]4:17,23
7:712:1714:5
responses [6] 4:22 5:
96:47:179:614:20
Richard [1]1:14
RODEMS [33]1:8 2:2,
sent [2]4:175:13
separate [1]16:22
served [3]4:9,15 5:9
services [1]19:10
set [6]13:316:2217:
520:9,1223:14
settlement [2]10:16,
18
several [1]12:22
shall [1]6:1
Sheriff [1]16:1
shorthand [1]23:8
shown [1]17:17
side [1]20:17
since [1]13:16
sirl13] 4:11 8:2 14:2,
316:1818:7,1820:9,
Tampa [3]1:172:5
23:15
taunting [1] 21 :22
telephone [1]11:15
terms [1]14:16
there's [8]5:10 6:18
11:13,13,21,2515:20,
22
therefore [1] 9:4
THIRTEENTH [2]1:1
23:5
threat [2]11:13,14
threatened [1]11:14
threats [1]8:13
three [1]5:6
timely [2] 6:20 18:3
today [6]4:5 6:7,14
Q
quite [1]18:11
quote [5] 5:24 6:1,5,7,
11
R
raised [1] 6: 17
raising [1]16:3
reading [1]6:5
reason [2]8:13 15:20
reasonable [3]19:7,9,
12
receive [1]4:17
received [1]4:22
recite [1]16:9
..
Sheet 4 pnvlleges - today
17:920:921:24 4:423:4,17,19
took[1]9:2 within[1] 20:25
traditional[1] 20: 13 without[1]6:16
TRANSCRIPT[1]1: WITNESS[1] 23:14
13 words[1] 15:15
transcription[1] 23: y
12
years[3]7:15,169:10
transmit[1] 21:15
true[3]5:179:1123:
11
try[2] 4:2021:9
two[3] 7:1010:1221:
1
typically[1] 15:8
U
UMC[1] 20:14
undeclared[1]7:6
under[4]4:257:11
10:919:1
understand[1] 14:9
Uniform[1] 19:22
unless[1] 14:6
unproduced[1]7:5
until[6]12:8,2213:6,
719:1622:1
untimely[6]4:21,25
5:8,1113:1,25
up[3] 4:57:2411:16
V
view[2] 9:18,19
volume[1] 15:7
vs[1]1:7
W
waived[4]4:255:8,
126:20
wall[1]11: 17
wanted[1] 5: 16
wants[4] 9:1813:19
15:13,18
way[4] 7:139:812:3
14:3
week[7]4:205:1012:
8,2213:6,721:3
weeks[2] 21:1,10
whatever[1]7:15
whatsoever[1] 10:4
whenever[1] 15:22
WHEREOF[1] 23:14
wherever[1] 15:4
whether[5]6:19,21
14:2415:1619:12
will[10]6:88:12,23
14:12,1515:8,1416:
2018:420:4
WILLIAM[6] 1:10,20
Sheet5 today- years