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CLOSED
Note: This docket does not
reflect Petition No. 12-7747
to the US Supreme Court

U.S. District Court

Middle District of Florida (Ocala)
CIVIL DOCKET FOR CASE #: 5:10-cv-00503-WTH-TBS

Gillespie v. Thirteenth Judicial Circuit, Florida et al

Assigned to: Senior Judge Wm. Terrell Hodges
Referred to: Magistrate Judge Thomas B. Smith
Case in other court: 11th Circuit, 12-11213-C
Cause: 42:1983 Civil Rights Act

Date Filed: 09/28/2010

Date Terminated: 02/28/2012
Jury Demand: Plaintiff
Nature of Suit: 446 Civil Rights: Americans
with Disabilities - Other
Jurisdiction: Federal Question

Plaintiff
Neil J. Gillespie

V.
Defendant
Thirteenth Judicial Circuit, Florida
Defendant
Gonzalo B. Casares
ADA Coordinator, and individually
Defendant
David A. Rowland
Court Counsel, and individually
Defendant
Judge Claudia Rickert Isom
Circuit Court Judge, and individually
Defendant
Judge James M. Barton, II
Circuit Court Judge, and individually
Defendant
Judge Martha J. Cook
Circuit Court Judge, and individually
Defendant

represented by Neil J. Gillespie

8092 SW 115th Loop
Ocala, FL 34481
352/854-7807
PRO SE

Barker, Rodems & Cook, P.A.

TERMINATED: 11/23/2010

represented by Ryan Christopher Rodems

Barker, Rodems & Cook, PA
Suite 790
501 E Kennedy Blvd
Tampa, FL 33602
813/489-1001
Fax: 813/489-1008
Email: rodems@brclawyers.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Ryan Christopher Rodems
TERMINATED: 11/23/2010

represented by Ryan Christopher Rodems

(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

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

represented by Catherine Barbara Chapman

Guilday, Tucker, Schwartz & Simpson, PA
1983 Centre Pointe Boulevard, Suite 200
Tallahassee, FL 32308
850/224-7091
Fax: 850/222-2593
Email: catherine@guildaylaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Robert W. Bauer

represented by Catherine Barbara Chapman

(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Chris A. Barker

Date Filed

Docket Text

09/28/2010

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

09/28/2010

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

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

09/29/2010

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

09/30/2010

4 NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on
9/30/2010. (Attachments: # 1 consent forms)(MAM) (Entered: 09/30/2010)

10/01/2010

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

10/01/2010

6 MOTION for miscellaneous relief, specifically to file electronically by Neil J. Gillespie.

(MJT) (Entered: 10/01/2010)

10/04/2010

7 MOTION to amend/correct 1 Complaint by Neil J. Gillespie. (LMF) (Entered:

10/04/2010)

10/04/2010

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

10/05/2010

9 NOTICE of change of address titled "Motion to correct mailing address" by Neil J.

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

10/06/2010

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

Barker, Rodems & Cook, P.A., Ryan Christopher Rodems. (Attachments: # 1 Exhibit
State Court Action Complaint, # 2 Exhibit Order Granting Judgment on Pleadings,
11/28/2007, # 3 Exhibit Order Granting Judgment on Pleadings, 7/7/2008, # 4 Exhibit
Final Summary Judgment, 9/28/2010, # 5 Exhibit Order Granting Motion to Compel,
7/24/2006, # 6 Exhibit Order Granting Fla. Stat. s. 57.105 sanctions, 7/20/2007, # 7
Exhibit Final Judgment, 3/27/2008, # 8 Exhibit Order, Second DCA, affirming Final
Judgment, # 9 Exhibit Order Adjudging Gillespie in Contempt, 7/7/2008, # 10 Exhibit
Order Adjudging Gillespie in Contempt, 9/30/2010)(Rodems, Ryan) (Entered:
10/06/2010)

10/06/2010

11 MEMORANDUM (response) in opposition re 7 Motion to amend/correct filed by

Barker, Rodems & Cook, P.A., Ryan Christopher Rodems. (Rodems, Ryan) (Entered:
10/06/2010)

10/07/2010

12 MEMORANDUM (response) in opposition re 8 Motion to disqualify filed by Barker,

Rodems & Cook, P.A., Ryan Christopher Rodems. (Attachments: # 1 Exhibit Order
Denying Plaintiffs Emergency Motion to Disqualify Defendants Counsel Ryan
Christopher Rodems & Barker, Rodems & Cook, P.A.)(Rodems, Ryan) (Entered:
10/07/2010)

10/08/2010

13 ORDER granting 7 motion to amend complaint. Plaintiff shall file the amended
complaint within 7 days of this order. Signed by Magistrate Judge David A. Baker on
10/8/2010. (LMF) (Entered: 10/08/2010)

10/12/2010

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

10/13/2010

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

10/14/2010

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

10/14/2010

17 ORDER denying 6 Motion to file electronically. Signed by Magistrate Judge David A.

Baker on 10/14/2010. (LMF) (Entered: 10/14/2010)

10/22/2010

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

10/22/2010

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

10/25/2010

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

10/26/2010

21 ORDER granting 19 Motion for extension of time to file an amended complaint on or

before 10/29/10. Signed by Magistrate Judge David A. Baker on 10/25/10. (LMF)
(Entered: 10/26/2010)

10/29/2010

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

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

10/29/2010

23 NOTICE of filing affidavits of Extraordinary Circumstances by Neil J. Gillespie. (LMF)

(Entered: 11/01/2010)

11/01/2010

24 SUPPLEMENTAL filing in support of 22 Notice of voluntary dismissal as to

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

11/23/2010

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

11/23/2010

26 JUDGMENT entered. Civil appeals checklist attached. (Signed by Deputy Clerk)

(LMF) (Entered: 11/23/2010)

04/08/2011

27 MOTION to dismiss Complaint or alternatively, Motion to Strike and Motion for More
Definite Statement by Robert W. Bauer, The Law Office of Robert W. Bauer, P.A..
(Chapman, Catherine) (Entered: 04/08/2011)

04/18/2011

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

04/18/2011

29 MOTION for extension of time to file response/reply titled "Motion to stay, or to

enlarge time to respond" as to 27 MOTION to dismiss Complaint or alternatively,
Motion to Strike and Motion for More Definite Statement by Neil J. Gillespie. (LMF)
Motions referred to Magistrate Judge David A. Baker. (Entered: 04/19/2011)

05/09/2011

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

MOTION to dismiss Complaint or alternatively, Motion to Strike and Motion for More
Definite Statement. Response due by 5/27/2011. Signed by Magistrate Judge David A.
Baker on 5/9/2011. (MJT) (Entered: 05/09/2011)

06/01/2011

31 RESPONSE/Reply re 30 Order on motion for extension of time to file response/reply

filed by Neil J. Gillespie. (LMF) (Entered: 06/01/2011)

06/21/2011

32 MOTION to dismiss Action pursuant to Fed.R.Civ.P. 41(a)(2) by William J Cook, Chris

A. Barker, Ryan Christopher Rodems. (Rodems, Ryan) (Entered: 06/21/2011)

06/30/2011

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

settlement agreement and general mutual release by Neil J. Gillespie. (Attachments: # 1

Appendix and Exhibits)(LMF) Motions referred to Magistrate Judge David A. Baker.
(Entered: 06/30/2011)
06/30/2011

34 NOTICE regarding Attorney Eugene P. Castagliuolo, Florida Bar ID # 104360 by Chris

A. Barker (LMF) (Entered: 06/30/2011)

07/07/2011

35 NOTICE of filing "Letter of Neil J. Gillespie to Judge James D. Arnold, May 27, 2011"
by Neil J. Gillespie. (MJT) (Entered: 07/08/2011)

07/07/2011

36 NOTICE of filing "Verified Notice of Filing Disability Information of Neil J.

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

07/07/2011

37 NOTICE of filing "Plaintiff's Motion for Appointment of Counsel, ADA Accomodation

Request and Memorandom of Law, May 24, 2011" by Neil J. Gillespie (Attachments: #
1 Exhibit A - Part 1, # 2 Exhibit A - Part 2, # 3 Exhibit A - Part 3, # 4 Exhibit A - Part
4)(MJT) (Entered: 07/08/2011)

07/12/2011

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

07/14/2011

39 SUPPLEMENT (addendum) re 33 MOTION to strike or set aside Mr. Rodem's Notice

of Assignment of Claims and 32 MOTION to dismiss Action pursuant to Fed.R.Civ.P.
41(a)(2) and to strike or set aside settlement agreement and general mutual release by
Neil J. Gillespie. (LMF) (Entered: 07/14/2011)

07/14/2011

40 RESPONSE in opposition re 33 MOTION to strike 32 MOTION to dismiss Action

pursuant to Fed.R.Civ.P. 41(a)(2) MOTION to strike 32 MOTION to dismiss Action
pursuant to Fed.R.Civ.P. 41(a)(2) filed by Chris A. Barker, Ryan Christopher Rodems.
(Attachments: # 1 Exhibit Settlement Conference [6-21-2011])(Rodems, Ryan)
(Entered: 07/14/2011)

07/15/2011

41 NOTICE of filing transcripts re 33 MOTION to strike 32 MOTION to dismiss Action

pursuant to Fed.R.Civ.P. 41(a)(2) by Neil J. Gillespie. (Three transcripts filed
separately.) (MJT) (Entered: 07/18/2011)

07/21/2011

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

07/29/2011

43 Case reassigned to Magistrate Judge Thomas B. Smith. New case number: 5:10-cv503-Oc-10TBS. Magistrate Judge David A. Baker no longer assigned to the case. (LMF)
Motions referred to Magistrate Judge Thomas B. Smith. (Entered: 07/29/2011)

08/30/2011

44 NOTICE of Filing Rule 22 applications to United States Justice Clarence Thomas re 33

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

08/31/2011

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

08/31/2011

46 NOTICE of pendency of related cases per Local Rule 1.04(d) by Neil J. Gillespie.
(LMF) (Entered: 09/01/2011)

09/09/2011

47 NOTICE of Filing Transcript of proceeding held on 6/21/11 re 33 MOTION to strike or

set aside Mr. Rodem's Notice of Assignment of Claims and 32 MOTION to dismiss
Action with prejudice pursuant to Fed.R.Civ.P. 41(a)(2) by Neil J. Gillespie. (Filed
separately) (LMF) (Entered: 09/12/2011)

09/30/2011

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

09/30/2011

49 NOTICE of filing transcript in support of 33 MOTION to strike 32 MOTION to

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

10/05/2011

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

10/06/2011

51 ORDER denying 33 Motion to strike. Signed by Magistrate Judge Thomas B. Smith on

10/6/2011. (Smith, Thomas) Corrected PDF attached.(LMF). Modified on 10/6/2011
(LMF). (Entered: 10/06/2011)

10/12/2011

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

10/19/2011

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

10/20/2011

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

11/02/2011

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

11/03/2011

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

11/07/2011

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

11/14/2011

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

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

11/18/2011

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

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

11/23/2011

60 Unopposed MOTION for leave to submit addendum re 58 RESPONSE TO ORDER TO

SHOW CAUSE by Neil J. Gillespie. (MJT) (Entered: 11/23/2011)

01/10/2012

61 AFFIDAVIT in opposition to 32 MOTION to dismiss Action pursuant to Fed.R.Civ.P.

41(a)(2) and in support of 60 Unopposed MOTION for leave to submit addendum by
Neil J. Gillespie. (MJT) (Entered: 01/11/2012)

01/10/2012

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

Fed.R.Civ.P. 41(a)(2) and in support of 60 Unopposed MOTION for leave to submit

addendum by Neil J. Gillespie. (Attachments: # 1 Petition for Writ of Mandamus, (2)
CD with Appendixes received and filed separately.)(MJT) (Entered: 01/11/2012)
01/12/2012

63 Notice of OBJECTION re Notice of Assignment of claims and 32 MOTION to dismiss

Action pursuant to Fed.R.Civ.P. 41(a)(2) by Neil J. Gillespie by Neil J. Gillespie. (LMF)
(Entered: 01/12/2012)

02/27/2012

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

02/28/2012

65 JUDGMENT entered. Civil appeals checklist attached. (Signed by Deputy Clerk)

(LMF) (Entered: 02/28/2012)

03/02/2012

66 NOTICE OF APPEAL as to 64 Order, 65 Judgment by Neil J. Gillespie. Filing fee not

paid. (MJT) (Entered: 03/05/2012)

03/05/2012

03/09/2012

TRANSMITTAL of initial appeal package to USCA consisting of certified copies of

notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable
to USCA re 66 Notice of appeal. (MJT) (Entered: 03/05/2012)
67 MOTION for leave to appeal in forma pauperis/affidavit of indigency by Neil J.
Gillespie. (LMF) (Entered: 03/12/2012)

03/13/2012

ACKNOWLEDGMENT by USCA of receiving Notice of Appeal on 3/7/12 re 66

Notice of appeal. USCA number: 12-11213-C. (LMF) (Entered: 03/13/2012)

03/27/2012

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

03/29/2012

69 ORDER denying 67 Motion for leave to appeal in forma pauperis/affidavit of

indigency; denying 68 Motion to alter or amend judgment. Signed by Senior Judge Wm.
Terrell Hodges on 3/29/2012. (LRH) (Entered: 03/29/2012)

03/30/2012

TRANSMITTAL to USCA forwarding 69 ORDER denying 67 Motion for leave to

appeal in forma pauperis/affidavit of indigency re 66 Notice of appeal. USCA number:
12-11213-C. (MJT) (Entered: 03/30/2012)

07/30/2012

70 MOTION for miscellaneous relief, specifically to apply funds toward filing fees by Neil
J. Gillespie. (LAB) (Entered: 07/31/2012)

08/01/2012

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

08/02/2012

TRANSMITTAL to USCA forwarding 70 Motion to Apply Funds Toward Filing Fees

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

08/07/2012

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

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

PACER Service Center

Case 5:10-cv-00503-WTH-TBS Document 51

Filed 10/06/11 Page 1 of 3 PageID 1444

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
NEIL J. GILLESPIE,
Plaintiff,
v.

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

THIRTEENTH JUDICIAL CIRCUIT, FLORIDA,

et al.,
Defendants.
______________________________________
ORDER
Pending before the Court is pro se Plaintiff, Neil J. Gillespies Motion to Strike or
Set Aside Mr. Rodems Notice of Assignment of Claims and Motion for Dismissal of
Action with Prejudice and Motion to Strike or Set Aside Settlement Agreement and
General Mutual Release (Doc. 33).
When Mr. Gillespie instituted this lawsuit he included as defendants the law firm
of Barker, Rodems & Cook, P.A. (the Firm) and attorney Ryan Christopher Rodems
(Doc. 1). Mr. Gillespie sought and was granted leave to amend his complaint (Doc. 13)
but he chose instead to voluntarily dismiss his claims against the Firm and Mr. Rodems
(Doc. 22). Upon receipt of Mr. Gillespies notice of voluntary dismissal the Court
directed the Clerk to enter judgment dismissing all claims against the Firm and Mr.
Rodems without prejudice (Doc. 25). The Judgment was entered on November 23,
2010 (Doc. 26).
On June 21, 2011, Ryan Christopher Rodems, Chris A. Barker and William J.
Cook (the Assignees), filed their Notice of Assignment of Claims and Motion for
Dismissal of Action with Prejudice (the Notice) (Doc. 32). Attached to the Notice is a

Case 5:10-cv-00503-WTH-TBS Document 51

Filed 10/06/11 Page 2 of 3 PageID 1445

document entitled Settlement Agreement and General Mutual Release (the

Settlement Agreement) (Id.). The parties to the Settlement Agreement are Mr.
Gillespie, the Assignees and the Firm. In the Settlement Agreement, Mr. Gillespie
assigned all claims pending or which could have been brought, based on the
allegations of [Mr. Gillespie], against any person or entity, without limitation, in [this
case]. In return, he received the satisfaction of a judgment.
Mr. Gillespie has motioned this Court to strike or set aside both the Notice and
the Settlement Agreement (Doc. 33). The Assignees served a response to the motion
in which they dispute certain facts alleged by Mr. Gillespie, assert that he does not have
standing to bring his motion to strike and they say this Court does not have subject
matter jurisdiction (Doc. 40).
Federal Rule of Civil Procedure 12(f) states that [t]he court may strike from a
pleading an insufficient defense or any redundant, immaterial, impertinent, or
scandalous matter. (Emphasis supplied). The only pleadings allowed are: (1) a
complaint; (2) the answer to the complaint; (3) the answer to a counterclaim; (4) the
answer to a cross-claim; (5) a third-party complaint; (6) an answer to a third-party
complaint; and (7) if the Court orders one, a reply to an answer. Fed. R. Civ. P. 7.
Because the Notice and Settlement Agreement are not pleadings they are not subject
to a motion to strike. McNair v. Monsanto Co., 279 F.Supp.2d 1290, 1298 (M.D. Ga.
2003)(motion to strike is only appropriately addressed toward matters contained in the
pleadings.); Merritt v. Hubb Intern. Southwest Agency Ltd., 2011 WL 4026651, *2
(N.D. Ga. 2011)(motion to strike declaration held procedurally improper because Rule
12(f) only applies to pleadings.); Certain Underwriters at Lloyds London v. Belu, 2009
2

Case 5:10-cv-00503-WTH-TBS Document 51

Filed 10/06/11 Page 3 of 3 PageID 1446

WL 2848995, *3 (N.D. Ga. 2009)(explaining that Rule 12(f) only applies to pleadings);
and Morgan v. Sears, Roebuck & Co., 700 F.Supp. 1574, 1576 (N.D. Ga. 1988)(noting
that the proper method of challenging evidence is by filing a notice of objection).
Therefore, Plaintiff, Neil J. Gillespies Motion to Strike or Set Aside Mr. Rodems
Notice of Assignment of Claims and Motion for Dismissal of Action with Prejudice and
Motion to Strike or Set Aside Settlement Agreement and General Mutual Release (Doc.
33) is DENIED.
IT IS SO ORDERED.
DONE and ORDERED in Ocala, Florida on the 6th day of October, 2011.

Copies furnished to:

Neil J. Gillespie
Counsel of Record

Case 5:10-cv-00503-WTH-TBS Document 63

Filed 01/12/12 Page 1 of 2 PageID 1794

Case 5:10-cv-00503-WTH-TBS Document 63

Filed 01/12/12 Page 2 of 2 PageID 1795

http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/12a215.htm

No. 12A215
Title:

Docketed:
Lower Ct:
Case Nos.:

Neil J. Gillespie, Applicant

v.
Thirteenth Judicial Circuit, et al.
August 31, 2012
United States Court of Appeals for the Eleventh Circuit
(12-11028, 12-11213)

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

Aug 13 2012 Application (12A215) to extend the time to file a petition for a writ of certiorari
from October 11, 2012 to December 10, 2012, submitted to Justice Thomas.
Sep 13 2012 Application (12A215) granted by Justice Thomas extending the time to file until
December 10, 2012.

~~Name~~~~~~~~~~~~~~~~~~~~~
Attorneys for Petitioner:
Neil J. Gillespie
Party name: Neil J. Gillespie

~~~~~~~Address~~~~~~~~~~~~~~~~~~

~~Phone~~~

8092 SW 115th Loop

Ocala, FL 34481

(352) 854-7807

Supreme Court of the United States

Office of the Clerk

Washington, DC 20543-0001

September 13, 2012

William K. Suter
Clerk of the Court
(202) 479-3011

Mr. Neil J. Gillespie

8092 SW 115th Loop
Ocala, FL 34481

Re: Neil J. Gillespie

v. Thirteenth Judicial Circuit, et ale

Application No. 12A215

Dear Mr. Gillespie:

The application for an extension of time within which to file a petition
for a writ of certiorari in the above-entitled case has been presented to
Justice Thomas, who on September 13, 2012 extended tlle time to and
including December 10, 2012.
This letter has been sent to those designated on the attached
notification list.

Sincerely,

William K. Suter, Clerk

:ayton iggin7J;r, / It
Case Analyst

http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/12-7747.htm

Note: This docket does not reflect C.A.11

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

No. 12-7747
Title:

Neil J. Gillespie, Petitioner

v.
Thirteenth Judicial Circuit of Florida, et al.
Docketed:
December 14, 2012
Linked with 12A215
Lower Ct:
United States Court of Appeals for the Eleventh Circuit
Case Nos.:
(12-11028-B)
Decision Date: July 13, 2012
Rule 12.4
~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Aug 13 2012 Application (12A215) to extend the time to file a petition for a writ of certiorari
from October 11, 2012 to December 10, 2012, submitted to Justice Thomas.
Sep 13 2012 Application (12A215) granted by Justice Thomas extending the time to file until
December 10, 2012.
Dec 10 2012 Petition for a writ of certiorari and motion for leave to proceed in forma
pauperis filed. (Response due January 14, 2013)
Dec 20 2012 Waiver of right of respondents Rayan Christopher Rodems; and Barker,
Rodems & Cook, P.A. to respond filed.
Jan 24 2013 DISTRIBUTED for Conference of February 15, 2013.
Feb 13 2013 Supplemental brief of petitioner Neil J. Gillespie filed. (Distributed)
Feb 19 2013 Petition DENIED.
Mar 18 2013 Petition for Rehearing filed.
Mar 27 2013 DISTRIBUTED for Conference of April 12, 2013.
Apr 15 2013 Rehearing DENIED.

~~Name~~~~~~~~~~~~~~~~~~~~~
Attorneys for Petitioner:
Neil J. Gillespie

Party name: Neil J. Gillespie

Attorneys for Respondents:
Ryan Christopher Rodems

~~~~~~~Address~~~~~~~~~~~~~~~~~~ ~~Phone~~~
8092 SW 115th Loop
Ocala, FL 34481
neilgillespie@mfi.net

(352) 854-7807

Barker, Rodems & Cook, P.A.

(813)-489-1001

http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/12-7747.htm

Counsel of Record

501 East Kennedy Blvd., Suite 790

Tampa, FL 33602
Party name: Rayan Christopher Rodems; and Barker, Rodems & Cook, P.A.

-, \se,
Note: This order entered January 13, 2006 established my pro
....) ,I i....
complaint stated a cause of action against the Defendants for
fraud and breach of contract. My pro se motion and affidavit for
summary judgment filed April 25, 2006 has not been heard.
'-'

IN THE CIRCUIT COURT OF THE TIllRTEENTH JUDICIAL CmCUIT OF

THE STATE OF FLORIDA, IN AND FOR HILLSBOROUGH COUNTY,

CIVIL DIVISION

NEIL J. GILLESPIE,
PLAINTIFF,

vs.
DIVISION" F "
BARKER, RODEMS & COOK, P.A.,
a Florida Corporation; and WILLIAM
J. COOK,
DEFENDANTS.

--------------_-----:/
ORDER ON DEFENDANTS' MOTION TO DISMISS AND STRIKE
TIDS CAUSE came on for hearing on September 26,2005, upon Defendant's
Motion to Dismiss and Strike, and counsel for the parties being present and having made
arguments and the court having considered the Plaintiffs Rebuttal to Defendant's Motion
to Dismiss and Strike. Defendant's Reply to Plaintiffs Rebuttal to Defendant's Motion
to Dismiss and Strike and the Plaintiff's Second Rebuttal to Defendant's Motion to
Dismiss and Strike, and the court being advised fully in the premises, it is thereupon,
ADJUDGED as follows:
1. Defendant's Motion to Dismiss and Strike is granted in part and denied in part.
2. Those portions of Defendant's Motion to Dismiss and Strike seeking to
dismiss the Complaint are denied. Defendant shall have fifteen days from the date of this
order within which to file responsive pleadings.

or,

36

//1

3. Those portions of Defendant's Motion to Dismiss and Strike seeking to strike

portions of the Complaint is granted in the following particulars:
a. Paragraphs 47, 48, 49 and 50 of the Complaint are stricken.
b. Exhibit 8 to the Complaint is stricken.
c. All references to or demands for punitive damages are stricken or
failure to comply with 768.72 of the Florida Statutes.
ORDERED in Chambers, at Tampa, Hillsborough County, Florida, this

day of

JAN 13 2006

, 2o_.
RICHARD A. NIELSEN
CIRCUIT JUDGE

Copies furnished to:

Ryan C. Rodems, Esquire
300 West Platt Street, Suite 150
Tampa, Florida 33606
Neil J. Gillespie
8092 SW 115 th Loop
Ocala, Florida 34481

or'
f

37

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

online Lawyer Referral Service February 26, 2007

IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT,

IN AND FOR HILLSBOROUGH COUNTY, FLORIDA

NEIL J. GILLESPIE,
Plaintiff,
vs.

CASE NO.: 2005-CA-7205

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

A FLORIDA CORPORATION, AND
WILLIAM J. COOK, AN INDIVIDUAL,
Defendant.

-------------_\
NOTICE OF APPEARANCE
TO THE HONORABLE JUDGE OF SAID COURT:
The undersigned attorney hereby files this Notice of Appearance on behalf of
PLAINTIFF, NEIL J. GILLESPIE, and would request that all copies of all future
pleadings, papers and communications be directed to the address and telephone listed
below.

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the above Notice of Appearance has
been sent by U. S. Mail to RYAN C. RODEMS, ESQ. this

2- day offl!'r,
MAR'Cff2007.
I

Ryan C. Rodems, Esq.

400 N Ashley Dr., Ste 2100
Tampa, FL 33602
Law Office of Robert W. Bauer, P.A.

BY~~~~./
RObert~~-.- - -
Florida Bar No.: 0011058
th
2815 NW 13 St., Ste 200E
Gainesville, FL 32609
352.375.5960
352.337.2518 fax

IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT

IN AND FOR HILLSBOROUGH COUNTY, FLORIDA

GENERAL CIVIL DIVISION

NEIL J. GILLESPIE,
Plaintiff,
Case No.:
Division:

vs.

05CA7205
C

BARKER, RODEMS & COOK, P.A.,

a Florida corporation; and WILLIAM
J. COOK,

...

c. "
'C>--'

,.-:
~f

..

'. ,

..?,'.-'

r..:,
.............

Defendants.

- - - - - - - - - - - - - -/
ORDER DETERMINING AMOUNT OF SANCTIONS
\~

THIS CAUSE came on to be heard on Thursday, March 20, 2008, on the issue o~he
amount of attorneys' fees Plaintiff Neil J. Gillespie shall pay to Defendants as a result of the
Orders entered July 24, 2006, granting Defendants' motion to compel discovery, and July 20,
2007, granting Defendants' Amended Motion for Sanctions Pursuant to Section 57.105(1),
Florida Statutes, both of which ordered Plaintiff to pay Defendants' reasonable attorneys' fees
and taxable costs as a sanction for his conduct, as detailed in the respective Orders.
The Court, having read al1d considered the proceedings, considered the testimony
presented at the hearing, and after hearing from counsel, and being otherwise fully advised in the
premises, finds as follows:
1.

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

who is Board Certified by the Florida Bar in the area of Civil Trial law, is $350.00 per hour. The
Plaintiffs counsel, Robert W. Bauer, Esquire, entered his Notice of Appearance after
the occurrence of Plaintiffs conduct which subjected Plaintiff to sanctions under section
57.105(1), Florida Statutes, and therefore, the Court ruled in the July 20, 2007 Order, Mr. Bauer
is not subject to sanctions under section 57.105(1), Florida Statutes.
1

reasonable l1umber ofl10urs expended by Mr. Rodems on this matter is thirty (30).
2.

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

$300.00 per hour. The reasonable number of hours expended by Mr. Gardner on this matter is
three and one-half (3.5).
Based on the foregoing, it is ORDERED and ADJUDGED that Plaintiff shall pay
Defendants a total of$11,550.00 for attorneys' fees and taxable costs.
DONE AND ORDERED in Chambers this)

711 day of March, 2008.

J es M. Barton, II
Circuit Judge
Copies to:

Robert W. Bauer, Esquire (Counsel for Plaintiff)

Ryan Christopher Roden1s, Esquire (Counsel for Defendants)

STATE OF FLORIDA
)
COUNTY OF HILLSeO~OUOH)

THIS IS TO CERTIFY THAT THE FOREBOINt3 I~ A TRUE

AND CORRECT COpy OF THE DOCUMENT ON FILE IN

~:rs~'
.~~~~~.M:.~ . ~:':'~~.~..7.~:
_..:-t~\T ta"I,
ff~~""""""'~~111

~i(

~~"

lffiil..

~~.,.:) ...

11"~""""'~c..c.:

tl,~t!,~~~_":-

PAT FRANK
CLERK OF CIRCUIT COURT

j~~

T",

By~..~

:....... D.C.

:1651

Florida's Protection and Advocacy System

September 20,2010
Mr. Neil J. Gillespie
th
8092 SW l1S Loop
Ocala, Florida 34481
Dear Mr. Gillespie,
Th<Jnk you for '(our letter of September 7; 2010 which vve rE?''!\ferJ on September 10
appreciate you bringing your concerns regarding the Thirteetith Judicial Circuit's
acknowledgment of your request for ADA accommodations.

th

We

We regret that the Advocacy Center for Persons with Disabilities, Inc. is unable to provide legal
representation in your situation. You are challenging a denial of accommodations in your
The Advocacy Center would not
private action that has been going on for several years.
represent you in the private individual action and it would not represent you in any lawsuit
based on an alleged denial of personal accommodations that may have taken place during the
course of that proceeding. It is clear that you are also challenging the behavior of opposing
counset but that is a matter for the Florida Bar.
We strongly recommend that whatever course of action you take, you obtain legal counsel that
can advise you on time limits for bringing any cause of action you believe you may have under
the AD~

"1

www.advocacycenter.or9
2728 Centerview Drive, Suite 102, Tallahassee, Florida 32301

Statewide Toll Free Number 800.342.0823

800.342.0823 or 850.488.9071
Fax 850.488.8640
TOO 800.346.4127

IN TI-IE CIRCUIT COURT OF THE THIRTEENTH ruDICIAL CIRCUIT

IN AND FOR HILLSBOROUGH COUNTY, STATE OF FLORIDA

GENERAL CIVIL DIVISION

NEIL J. GILLESPIE,
Plaintiff,

CASE NUMBER.: 05-CA-7205

DIVISION: J

v.

BARKER, RODEMS & COOK, P.A.,

a Florida corporation; WILLIAM

COOK

Defendants.

J.

- - - - - - - - - - - - -/
ORDER RELIEVING THE OFFICE OF THE PUBLIC DEFENDER Oli THE~?
THIRTEENTH JUDICIAL CIRCIDT FROM REPRESENTATION :.~. r~~
OF PLAINTIFF NEIL GILLESPIE
~;~~ N
~
THIS CAUSE having come to be heard on the Motion of the Office of the Public Defender
for Clarification and the Court being fully advised in the premises does hereby relieve the Office of
the Public Defender of the Thirteenth Judicial Circuit from representation of the plaintiff in this cause
as there is no lawful basis for the appointment of the Office of the Public Defender to represent the
plaintiff in the cause currently before the Court.
__
/_ day of

DONE AND ORDERED at Tampa, Hillsborough County, Florida on

June, 2011.

~~A~~LEJAMESD.ARNOLD
~..a.....a....;~~

T COURT ruDGE
THIRTEENTH ruDICIAL CIRCUIT
HILLSBOROUGH COUNTY, FLORIDA

Copies furnished to:

._------Neil-Gillespi~09z" SW 1- 15 th. Loop;-0calat Fk-3-44-g-}-- ._---_._-_._---_.------- ---------.---------------.---- -..

Ryan C. Rodems, Barker, Rodems & Cook, 400 North Ashley Dr., Ste. 2100, Tampa, FL 33602
Richard L. Coleman, Esq., P.O. Box 5437, Valdosta, GA 31603
.
.
STATE OF FLORIDA
)
MIke Peacock, Office of the PublIC Defender
COUNTY OF HILLSBOROU(]~)
/km

THIS IS TO CERTIFY THAT THE FOREGOING IS A TRUE

AND CORRECT COpy OF THE DOCUMENT ON FILE IN

~s~f!tb~
. . ~~~~~~~~~.~:.:.~~.I:~ ~:
-_.. . .". 1'c\\,,

. ..

.:-~~~. ..'?VJ.',
f~a ~~

PAT FRANK

\~1; _~W

Il\:~~~,~'!f.-""

CLERK OF CIRCUIT COURT

BY

~..........................D.C.

IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT

IN AND FOR HILLSBOROUGH COUNTY, FLORIDA

GENERAL CIVIL DIVISION

NEIL J. GILLESPIE,
Plaintiff,
vs.

Case No.:
Division:

05CA7205
J

BARKER, RODEMS & COOK, P.A.,

a Florida corporation; and WILLIAM
J. COOK,
Defendants.

- - - - - - - - - - - - - -/
WRIT OF BODILY ATTACHMENT
THE STATE OF FLORIDA:
....

To Each Sheriff of the State:

.- ,0'''':

_.
...

~_: r-
.._ t .:

It appearing to the Court that NEIL J. GILLESPIE, of 8092 SW 115 th Loopj-OcqJ~, ~3

Florida 34481, although properly served witl1 the Order to Show Cause entered May-Ll', 2011, - i
failed to appear on June 1, 2011 and show cause, if any, why he should not be held in contempt
for failure to appear for deposition and produce documents pursuant to the Notice Of Deposition
Duces Tecum as ordered by this Court.
This Writ, therefore, is to command you to take NEIL J. GILLESPIE into custody and
bring him before the Honorable James D. Arnold, at Courtroom 501,800 East Twiggs Street,
Tampa, Florida 33602, immediately, and within 72 hours after he is taken into custody, for a
hearing to determine whether he shall be held in custody until the deposition ordered by the
Court is completed.
Service and execution of this Writ may be made on any day of the week and any time of
the day or night.
DONE AND ORDERED in Chambers at Tan1pa, Hillsborough County, Florida, this 1st
day of June, 2011.

STATE OF FLORIDA
)
COUNTY OF HILLSBOROUGH)
THIS IS TO CERTIFY THAT THE FOREGOING IS A TRUE

AND CORRECT COpy OF THE DOCUMENT ON FILE IN

~~IS~~~~~;.~~~~~:':'~~.I:~ . ~:
_..' ,..\ t e"'1
f~~~~~f;I't.

~/~. ;:~

~~~~. ~~(ij
II,~~~~~,~~~---

PAT FRANK

CLERK OF CIRCUIT COURT

J),.-1--r"

B y ~ ~......................D.C.

......................................................

DESCRIPTION OF SU'BJECT
Race: Caucasian
Gender: Male
Date of Birth: 03/19/195
Social Security Number:
Hair: Grey
Height: 5' 10"
Weight: 240 pounds
Other:

~-- ~'----m

CASTAGIIUIIIUW, P. A.

801 West Bay Drive Suite 301

Largo, FL 33770

(727)

7 1 2 3 3 3 3

June 19, 2013

Susan Varner Bloemendaal

Chief Branch Discipline Counsel

THE FLORIDA BAR

4200 George J. Bean Parkway, Suite 2580

Tampa, FL 33607-1496

RE:

Dear Ms.

Complaint by Neil J. Gillespie

The Florida Bar File No. 2013-10,162 (60)

Blo~mendaal:

I am in receipt of my copy of your letter to Gillespie dated June 13, 2013. Evidently, Gillespie "appealed"
Mr. Clark's decision to close the above-referenced file, which is interesting, because he failed to provide
me with any notice whatsoever of his "appeal." Your letter was "my first notice of this action.
While I am pleased to learn that this loser has not broken his "losing streak" (which has included losing

before the SCOTUS), I am appalled that he failed to serve any notice of his "appeal" upon me.

I have collected a large pi'le of the many, many documents filed in various, places by Gillespie over the

past several years, and I am looking forward to furnishing that pile to the SSDI abuse investigator for

Florida. Therefore, I am hereby requesting, from either your office or from the "complainant"

himself, complete and exhaustive copies of a,ny papers whatsoever filed by Gillespie in his

"appeal" of Mr. Clark's decision. I will be adding these new documents to the pile. Once the SSA

reviews the fruits of Gillespie's labor, I'm confident that his "handicap" status will be very much at issue.

Thank you for your anticipated prompt attention to this request.

Very truly yours,

EUGENE P. CASTAGLIUOLO

cc:

Robert W. Bauer, Esquire (bye-mail)

Ryan Christopher Rodems, Esquire (bye-mail)
Office' of the Inspector General, Social Security Disability Administration (by regular U. S. Mail)
Gillespie

8092 SW 11Sth Loop

Ocala, FL 34481

http://www.americanbar.org/groups/legal_aid_indigent_defendants/initiatives/civil_right_to_counsel.html

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

Civil Right to Counsel

NEW! Law Governing Appointment of Counsel in State Civil
Proceedings
The map below provides access, by clicking each state, to a
research report detailing existing authority for appointment of
counsel in various types of civil proceedings. Additional prefatory
material and appendices are available through links below.
Prefatory Information
Foreword
Acknowledgments
Appendix: International Law Relating to Appointment
of Counsel in Civil Proceedings

Civil Appt. Authority

Additional Resources
ABA Toolkit for a Right to Counsel in Civil
Proceedings

ABA House of Delegates Policy Resolution Urging

Recognition of a Civil Right to Counsel

The Toolkit includes in one package the "ABA Basic

Principles for a Right to Counsel in Civil Proceedings"

For additional information regarding civil right to

and "The ABA Model Access Act," which provide two

counsel issues, please visit:

important tools for jurisdictions seeking to implement a

civil right to counsel.

National Coalition for a Civil Right to Counsel

Law Addressing Authorizaton or Requirement to Appoint Counsel in

Civil Proceedings Generally
State Statutes and Court Decisions Interpretng Statutes
Fla. Stat. 29.007 (2011) (Court-appointed counsel) provides:
For purposes of implementng s. 14, Art. V of the State Consttuton [relatng to funding
of the judiciary], the elements of court-appointed counsel to be provided from state
revenues appropriated by general law are as follows:
(1)Private atorneys appointed by the court to handle cases where the defendant is
indigent and cannot be represented by the public defender or the ofce of criminal
confict and civil regional counsel.
(2)When the ofce of criminal confict and civil regional counsel has a confict of
interest, private atorneys appointed by the court to represent indigents or other classes
of litgants in civil proceedings requiring court-appointed counsel in accordance with
state and federal consttutonal guarantees and federal and state statutes.
...
This secton applies in any situaton in which the court appoints counsel to protect a
litgants due process rights.
A private atorney appointed by a court pursuant to 29.007 (2011) shall be
reimbursed for reasonable and necessary expenses incurred during representaton. Fla. Stat.
27.5304 (2011). Fla. Stat. 27.5304 lists the fat fees to be awarded to private atorneys.
Counsel may seek compensaton in excess of the fat fees listed in 27.5304 only if
compensaton on an hourly basis at a rate of $75.00 would be at least double the fat fee.
Justce Admin. Comm'n v. Shaman, 59 So. 3d 1231 (Fla. App. 2011).
State Court Decisions Addressing Courts Inherent Authority
In Makemson v. Martn County, 491 So. 2d 1109, 1112 (Fla. 1986), discussed supra Part
4.A, the Florida Supreme Court held that the court has the authority to exceed legislatvely
mandated statutory fee caps in order to ensure reasonable compensaton for atorneys who
had been appointed to represent indigent clients in criminal cases. In Board of County Com'rs
of Hillsborough County v. Curry, 545 So.2d 930 (Fla. App. 1989), a Florida Court of Appeals
extended Makemson to terminaton of parental rights cases due to the fundamental rights at
stake and suggested that it would reach a similar holding in any type of case where counsel was
consttutonally required.
ABA DIRECTORY OF LAW GOVERNING APPOINTMENT OF COUNSEL IN STATE CIVIL PROCEEDINGS FLORIDA 2012

13

Law Addressing Authorizaton or Requirement to Appoint Counsel in

Specifc Types of Civil Proceedings
1. SHELTER
Federal Statutes and Court Decisions Interpretng Statutes
The federal Fair Housing Act, contained within Title VIII of the Civil Rights Act of 1968,
provides that [a]n aggrieved person may commence a civil acton in an appropriate United
States district court or State court. 42 U.S.C. 3613 (a)(1)(A). Further, [u]pon applicaton
by a person alleging a discriminatory housing practce or a person against whom such a practce
is alleged, the court may-- (1) appoint an atorney for such person. 42 U.S.C. 3613(b).
2. SUSTENANCE
Federal Statutes and Court Decisions Interpretng Statutes
Title VII of the Civil Rights Act of 1964 prohibits employment discriminaton. While
nearly all Title VII claims are brought in federal court, the U.S. Supreme Court has specifed that
state courts have concurrent jurisdicton with federal courts for Title VII claims. Yellow Freight
System Inc. v. Donnelly, 494 U.S. 820, 826 (1990).
Title VII provides that [u]pon applicaton by the complainant and in such circumstances
as the court may deem just, the court may appoint an atorney for such complainant. 42
U.S.C. 2000e-5(f)(1). In Poindexter v. FBI, the D.C. Court of Appeals observed:
Title VII's provision for atorney appointment was not included simply as an
aferthought; it is an important part of Title VII's remedial scheme, and therefore courts
have an obligaton to consider requests for appointment with care. In actng on such
requests, courts must remain mindful that appointment of an atorney may be essental
for a plaintf to fulfll the role of a private atorney general, vindicatng a policy of the
highest priority. Once the plaintf has triggered the atorney appointment provision,
courts must give serious consideraton to the plaintf's request such discretonary
choices are not lef to a court's inclinaton, but to its judgment; and its judgment is to
be guided by sound legal principles. Furthermore, in exercising this discreton, the
court should clearly indicate its dispositon of the request for appointment and its basis
for that dispositon.
737 F.2d 1173, 1183-85 (D.C. Cir. 1984).
ABA DIRECTORY OF LAW GOVERNING APPOINTMENT OF COUNSEL IN STATE CIVIL PROCEEDINGS FLORIDA 2012

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0029/Sections/0029.007.html

Select Year:

The 2011 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 29
COURT SYSTEM FUNDING

View Entire Chapter

29.007
Court-appointed counsel. For purposes of implementing s. 14, Art. V of the State Constitution,
the elements of court-appointed counsel to be provided from state revenues appropriated by general law are
as follows:
(1) Private attorneys appointed by the court to handle cases where the defendant is indigent and cannot
be represented by the public defender or the office of criminal conflict and civil regional counsel.
(2) When the office of criminal conflict and civil regional counsel has a conflict of interest, private
attorneys appointed by the court to represent indigents or other classes of litigants in civil proceedings
requiring court-appointed counsel in accordance with state and federal constitutional guarantees and federal
and state statutes.
(3) Reasonable court reporting and transcription services necessary to meet constitutional or statutory
requirements, including the cost of transcribing and copying depositions of witnesses and the cost of foreign
language and sign-language interpreters and translators.
(4) Witnesses, including expert witnesses, summoned to appear for an investigation, preliminary hearing,
or trial in a case when the witnesses are summoned on behalf of an indigent, and any other expert witnesses
approved by the court.
(5) Mental health professionals appointed pursuant to s. 394.473 and required in a court hearing involving
an indigent, mental health professionals appointed pursuant to s. 916.115(2) and required in a court hearing
involving an indigent, and any other mental health professionals required by law for the full adjudication of
any civil case involving an indigent person.
(6) Reasonable pretrial consultation fees and costs.
(7) Travel expenses reimbursable under s. 112.061 reasonably necessary in the performance of
constitutional and statutory responsibilities.
Subsections (3), (4), (5), (6), and (7) apply when court-appointed counsel is appointed; when the court
determines that the litigant is indigent for costs; or when the litigant is acting pro se and the court determines
that the litigant is indigent for costs at the trial or appellate level. This section applies in any situation in
which the court appoints counsel to protect a litigants due process rights. The Justice Administrative
Commission shall approve uniform contract forms for use in processing payments for due process services
under this section. In each case in which a private attorney represents a person determined by the court to be
indigent for costs, the attorney shall execute the commissions contract for private attorneys representing
persons determined to be indigent for costs.
History.s. 7, ch. 2000-237; s. 43, ch. 2003-402; s. 16, ch. 2005-236; s. 18, ch. 2007-62.

Copyright 1995-2014 The Florida Legislature Privacy Statement Contact Us

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0029/Sections/0029.007.html

Select Year:

The 2014 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 29
COURT SYSTEM FUNDING

View Entire Chapter

29.007
Court-appointed counsel. For purposes of implementing s. 14, Art. V of the State Constitution,
the elements of court-appointed counsel to be provided from state revenues appropriated by general law are
as follows:
(1) Private attorneys appointed by the court to handle cases where the defendant is indigent and cannot
be represented by the public defender or the office of criminal conflict and civil regional counsel.
(2) When the office of criminal conflict and civil regional counsel has a conflict of interest, private
attorneys appointed by the court to represent indigents or other classes of litigants in civil proceedings
requiring court-appointed counsel in accordance with state and federal constitutional guarantees and federal
and state statutes.
(3) Reasonable court reporting and transcription services necessary to meet constitutional or statutory
requirements, including the cost of transcribing and copying depositions of witnesses and the cost of foreign
language and sign-language interpreters and translators.
(4) Witnesses, including expert witnesses, summoned to appear for an investigation, preliminary hearing,
or trial in a case when the witnesses are summoned on behalf of an indigent, and any other expert witnesses
approved by the court.
(5) Mental health professionals appointed pursuant to s. 394.473 and required in a court hearing involving
an indigent, mental health professionals appointed pursuant to s. 916.115(2) and required in a court hearing
involving an indigent, and any other mental health professionals required by law for the full adjudication of
any civil case involving an indigent person.
(6) Reasonable pretrial consultation fees and costs.
(7) Travel expenses reimbursable under s. 112.061 reasonably necessary in the performance of
constitutional and statutory responsibilities.
Subsections (3), (4), (5), (6), and (7) apply when court-appointed counsel is appointed; when the court
determines that the litigant is indigent for costs; or when the litigant is acting pro se and the court determines
that the litigant is indigent for costs at the trial or appellate level. This section applies in any situation in
which the court appoints counsel to protect a litigants due process rights. The Justice Administrative
Commission shall approve uniform contract forms for use in processing payments for due process services
under this section. In each case in which a private attorney represents a person determined by the court to be
indigent for costs, the attorney shall execute the commissions contract for private attorneys representing
persons determined to be indigent for costs.
History.s. 7, ch. 2000-237; s. 43, ch. 2003-402; s. 16, ch. 2005-236; s. 18, ch. 2007-62.

Copyright 1995-2014 The Florida Legislature Privacy Statement Contact Us