Very Frightening - U.S. JUDICIAL CORRUPTION & FRAUD (1) 27663072

VERY FRIGHTENING …
INDEED!
“Dr. Busse, I just now spent some time reading this hearing of appearance on
November 7th, 2007 in which you appeared. Sherri Johnson was the attorney for
Kenneth Wilkinson. This was just unbelievable. Is there a lot A and a Block 1, a
very simple question....which I can clearly see what you were referring to and trying
to point out, as there is none. It seemed that no one wanted to be accountable for
this or even accountable to answer to you. They put it on a "merry go round and it
is still going around" They present themselves in court as though they "see no evil,
hear no evil and speak no evil". Very frightening what is going on in the court
system. Again... I cannot stress to you any stronger than this, but may God help
them in the hour that they are going to need it the most, because I don't believe
that they have any clue what they are going to be facing if they don't repent for
what they have done.
I can see that they are very clever at what they do....and all with their "legal mumbo
jumbo" Their biggest defense. Sincerely, Angela”
YES, THE WORLD HAS BEEN SEEING THE TRUTH THAT THERE WAS
• NO “LOT A” [FAKE “PARCEL/LOT” “12-44-20-01-00000.00A0”]
[A CHILD COULD TELL THAT NO SUCH “LOT” WAS EVER PLATTED]
• NO LEE COUNTY TITLE
• NO EMINENT DOMAIN PROCEEDINGS
• NO “FRIVOLITY” AS FABRICATED BY FEDERAL JUDGES
PLAIN AND SHORT, THERE HAS BEEN MASSIVE U.S. GOVERNMENTAL

CORRUPTION AND FRAUD UNDER FALSE PRETENSES OF, E.G., SAID
FORGED “LOT” AND FORGED AND NULL AND VOID “CLAIM” “O.R. 569/875”…
ON ITS FACE, “O.R. 569/875” IS HUGE SCAM AND LAND GRAB, AND THE
FEDERAL JUDGES HAVE BEEN THREATENING THE PLAINTIFFS WITH
FURTHER “PUNISHMENT” FOR BLOWING THE WHISTLE ON SAID
CORRUPTION AND FRAUD. HERE, U.S. JUDGES HAVE BEEN
FRAUDULENTLY CONCEALING SAID WELL-PROVEN CORRUPTION AND
BRIBERY.
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JORG BUSSE
Plaintiff,
vs. Case No. 2:07-cv-228-FtM-29SPC
LEE COUNTY, FLORIDA; BOARD OF LEE

COUNTY COMMISSIONERS; KENNETH M.
WILKINSON; LEE COUNTY PROPERTY
APPRAISER’S OFFICE; STATE OF
FLORIDA, BOARD OF [PAST & PRESENT]
TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND, STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL
PROTECTION, AND DIVISION OF
RECREATION AND PARKS; LEE COUNTY
ATTORNEY; JACK N. PETERSON,
Defendants.
___________________________________
OPINION AND ORDER
This matter comes before the Court on the following motions:
(1) defendant Property Appraiser’s Motion to Dismiss and Close File
(Doc. #285), to which plaintiff filed a Response (Doc. #302); (2)
defendants State of Florida Board of Trustees of the Internal
Improvement Trust Fund (Trustees) and Florida Department of
Environmental Protection’s (DEP) Joint Motion to Dismiss for Lack
of Jurisdiction and for Failure to State a Cause of Action (Doc.
#291), to which plaintiff filed a Response (Doc. #316); (3)
defendant The Lee County Appraiser’s Motion to Dismiss for Lack of

Jurisdiction (Doc. #303), to which plaintiff filed a Response (Doc.
#317); and (4) defendant Board of Lee County Commissioners’ Motion
to Dismiss (Doc. #304), to which plaintiff filed a Response (Doc.
#318). Because Plaintiff is proceeding pro se, his pleadings are
held to a less stringent standard than pleadings drafted by an
attorney and will be liberally construed. Hughes v. Lott, 350 F.3d
1157, 1160 (11th Cir. 2003).
I.
On December 10, 1969, the Board of County Commissioners of Lee
County, Florida adopted the “Resolution Pertaining to Public Lands
in Cayo Costa Subdivision”, Book 569, page 875 (the Resolution).
The Resolution stated that the Second Revised Plat of the Cayo
Costa Subdivision contained certain designated lot and block areas
and other undesignated areas. The Resolution further noted that
the plat contained certain un-numbered and unlettered areas lying
East of the Easterly tier of blocks in the subdivision and lying
West of the Westerly tier of blocks in the subdivision. The
Resolution stated that Lee County claimed the lands to the east and
west of the tier of blocks as “public lands together with all
accretions thereto” and “does by this Resolution claim all of said
lands and accretions thereto for the use and benefit of the public
for public purposes.” (Doc. #288, p. 9.)
Plaintiff Jorg Busse (plaintiff or Dr. Busse) asserts he is
the current owner of Lot 15A of the Cayo Costa Subdivision and
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accretions thereto. (Doc. #288, ¶¶ 1, 2.) Plaintiff describes Lot
15A as being more than approximately 2.5 acres fronting the Gulf of
Mexico with an estimated fair market value of more than $2 million.
(Id. at ¶6.) Plaintiff asserts that the Resolution violates his
property rights in Lot 15A, which includes accretions, under both
federal and state law.
Count 1 sets forth a claim under 42 U.S.C. § 1983. Plaintiff
alleges that the Resolution deprived him of his riparian rights,
private easements, accreted property and privileges secured by the
United States Constitution. Specifically, plaintiff asserts that
Lee County had no home rule powers or jurisdiction over the
undedicated Cayo Costa Subdivision, and therefore the Resolution
was unenforceable and in violation of the United States
Constitution. (Doc. #288, ¶13.) Plaintiff asserts that defendants
confiscated more than 2.5 acres of his accreted property without
compensation in violation of the Takings Clause of the Fifth
Amendment, the Due Process Clause of the Fourteenth Amendment, and
the Equal Protection Clause of the Fourteenth Amendment (Id. at
¶14.) Plaintiff asserts that defendants also illegally took more
than 200 acres of private accretions onto Cayo Costa pursuant to
the Resolution, all without compensation. (Id. at ¶15.) Further,
plaintiff asserts that “Defendant State Actors” claimed riparian
rights to Lots 38A and 41A which they denied to plaintiff, thereby
unlawfully discriminating against plaintiff because he is entitled
to equal rights as the State property owner. (Id. at ¶¶ 16, 27.)
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Count 2 alleges an unconstitutional temporary taking under
color of the Resolution. Plaintiff asserts that the Resolution was
never signed, executed or acknowledged and did not meet resolution
and recording requirements, and was therefore not entitled to be
recorded and must be stricken from the public record. (Id. at
¶17.) Plaintiff further alleges that the Cayo Costa Subdivision
was outside of Lee County’s home rule powers, and therefore the
State and County had no powers to adopt resolutions or ordinances,
and therefore the Resolution is unenforceable and ineffectual and
the County capriciously grabbed private accreted land and
easements. (Id. at ¶18.) Plaintiff asserts that defendants took
his accretions onto the riparian gulf front Lot 15A without
authority, justification, due process of law, public notice,
hearing, vote count, or compensation, and that this unauthorized
unconstitutional taking injured plaintiff and destroyed his
property value. (Id. at ¶19.)
Count 3 sets forth a state law claim for trespass. Plaintiff
alleges that since the 1969 Resolution the defendants have asserted
that Lee County is the owner of the Cayo Costa accretions and have
induced and caused the public to intrude onto the private beaches
and other areas on Cayo Costa, injuring plaintiff’s property. (Id.
at ¶¶ 20-21.) Plaintiff asserts that the State cannot exercise
power within the Subdivision east of the mean high water mark of
the Gulf of Mexico and west of the mean high water mark of
Charlotte Harbor. (Id. at ¶22.)
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Count 4 alleges a conspiracy to fabricate, fraud and
malfeasance. Plaintiff asserts that the Lee County Property
Appraiser claimed that the Resolution entitled Lee County to
ownership of the accreted property, but the County Appraiser has
admitted that Lee County was not empowered to adopt the Resolution.
(Id. at ¶23.) Plaintiff asserts that the Resolution on its face
did not meet recording or resolution requirements, and that the
County Appraiser had a professional duty to verify the validity of
the sham Resolution under the Uniform Standards of Professional
Appraisal Practice. (Id.) Plaintiff alleges that without evidence
of title, defendants conspired to concoct an un-plated lot, block
and park for the benefit of the State and County. (Id. at ¶24.)
Plaintiff also asserts that defendant denied agricultural
classification to his accreted lot. (Id.) Plaintiff asserts that
defendants destroyed most of his property value, deprived him of
private easements without compensation, and denied equal protection
in a land grab scheme. (Id.) Plaintiff describes the agreement as
being to assist the unconstitutional confiscation of the
accretions. (Id. at ¶25.) Plaintiff also asserts that the County
Appraiser made incompetent valuation reports which were
controverted by other comparable sales data and done in violation
of Federal Appraisal Standards, but defendant continued to slander
plaintiff’s perfect title. (Id. at ¶26.) As a result, plaintiff
received purchase offers far below market value and the County
Appraiser has committed malfeasance and abuse of position. (Id.)
-5-
Count 5 alleges a conspiracy to materially misrepresent and
defraud. Plaintiff asserts that Lee County does not hold title to
the accreted property pursuant to the Resolution, and there has
been no proceedings such as eminent domain or adverse possession.
(Id. at ¶29.) Plaintiff asserts that Lee County’s claims of
ownership of the accretions therefore violated the Fifth Amendment
Takings Clause, and therefore defendants deprived the public of tax
revenues which could have been received from the private accretions
and easements. (Id.) Plaintiff asserts that defendants conspired
to misrepresent the extent of the Army Corps of Engineers’
authority over his lagoon. (Id. at ¶32.)
Count 6 alleges oppression and slander of title by defendant
Peterson for failing to challenge the invalidity of the Resolution
despite his questions about its validity. (Id. at ¶¶ 33-35.)
The Third Amended Complaint asserts the Court has jurisdiction
based on the Civil Rights Act (42 U.S.C. § 1983), 28 U.S.C. § 1343,
Articles 3 and 4 of the United States Constitution, and Amendments
4 and 5 of the United States Constitution (Doc. #288, ¶7), the 1899
Rivers and Harbors Appropriation Act (33 U.S.C. § 403)(id. at ¶8),
the 1862 Homestead Act (id. at ¶9), the federal common law Doctrine
of Accretion and Erosion (id. at ¶10), the Federal Appraisal
Standards, Uniform Standards of Professional Appraisal Practice (12
U.S.C. §§ 3331-3351), and the Federal Declaratory Judgment Act (28
U.S.C. § 2201)(id. at ¶12).
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III.
The Court will first address the federal claims, since these
claims are necessary to provide subject matter jurisdiction. Given
plaintiff’s pro se status, the Court reviews the Third Amended
Complaint liberally.
A. Takings Clause Claims:
A consistent theme which runs through several of plaintiff’s
counts is that the Resolution constitutes an unconstitutional
taking of his property rights in his subdivision Lot 15A on Cayo
Costa island.1 The legal principles are well-settled, and preclude
plaintiff’s takings claim.
Plaintiff alleges a violation of the Takings Clause of the
Fifth Amendment, which states in pertinent part “nor shall private
property be taken for public use, without just compensation.” U.S.
CONST. amend. V. The Fifth Amendment is applied to the States
through the Fourteenth Amendment. Penn Cent. Transp. Co. v. New
York City, 438 U.S. 104, 121-23 (1978). The Third Amended
Complaint may also be read to allege a conspiracy to violate the
Takings Clause.
State law defines the parameters of a plaintiff’s property
interest, and whether state law has created a property interest is
a legal question for the court to decide. Morley’s Auto Body, Inc.
1
See Lee County v. Morales, 557 So. 2d 652 (Fla. 2d DCA 1990)
for a description of Cayo Costa island and the Lee County zoning
history of the island since 1978.
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v. Hunter, 70 F.3d 1209, 1212 (11th Cir. 1996). Under Florida law
a riparian or littoral owner owns to the line of the ordinary high
water mark on navigable waters, and the riparian or littoral
property rights include the vested right to receive accretions to
the property. Board of Trustees of the Internal Improvement Trust
Fund v. Sand Key Assocs., Ltd., 512 So. 2d 934, 936-37 (Fla. 1987);
Brannon v. Boldt, 958 So. 2d 367, 373 (Fla. 2d DCA 2007). These
rights constitute property, and cannot be taken or destroyed by the
government without just compensation to the owners. Sand Key
Assoc., 512 So. 2d at 936; Lee County v. Kiesel, 705 So. 2d 1013,
1015 (Fla. 2d DCA 1998). “By now it is beyond question that a
permanent physical occupation of private property by the state
constitutes a taking for which a landowner must be compensated.”
New Port Largo, Inc. v. Monroe County, 95 F.3d 1084, 1088 (11th
Cir. 1996)(citing Lucas v. South Carolina Coastal Council, 505 U.S.
1003, 1015 (1992) and Loretto v. Teleprompter Manhattan CATV Corp.,
458 U.S. 419, 434 (1982)).
Thus while plaintiff has adequately alleged a taking of his
property, “a property owner has not suffered a violation of the
Just Compensation Clause until the owner has unsuccessfully
attempted to obtain just compensation through the procedures
provided by the State for obtaining such compensation . . .”
Williamson County Regional Planning Comm’n v. Hamilton Bank, 473
U.S. 172, 195 (1972). “Williamson County boils down to the rule
that state courts always have a first shot at adjudicating a
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takings dispute because a federal constitutional claim is not ripe
until the state has denied the would-be plaintiff’s compensation
for a putative taking, including by unfavorable judgment in a state
court proceeding.” Agripost, LLC v. Miami-Dade County, Fla.,
F.3d , 2008 WL 1790434 (11th Cir. 2008). Without having
pursued such available state court remedies, a plaintiff’s Takings
Clause claim is not ripe and therefore a federal district court
lacks jurisdiction to consider it. Williamson County, 473 U.S. at
195; Watson Constr. Co. v. City of Gainsville, 244 Fed. Appx. 274,
277 (11th Cir. 2007); Garbo, Inc. v. City of Key West, Fla., 162
Fed. Appx. 905 (11th Cir. 2006). It has been clear since at least
1990 that Florida law provides a remedy of an inverse or reverse
condemnation suit. Joint Ventures, Inc. v. Department of Transp.,
563 So. 2d 622, 624 (Fla. 1990); Tari v. Collier County, 56 F.3d
1533, 1537 n.12 (11th Cir. 1995); Reahard v. Lee County, 30 F.3d
1412, 1417 (11th Cir. 1994). Additionally, plaintiff could have
pursued an state action for declaratory judgment under FLA . STAT . §
86.011, a suit to quiet title, Trustees of Internal Imp. Fund of
State of Florida v. Toffel, 145 So. 2d 737 (Fla. 2d DCA 1962), or
a suit in ejectment if the matter is viewed as a boundary dispute.
Petryni v. Denton, 807 So. 2d 697, 699 (Fla. 2d DCA 2002).
The Third Amended Complaint does not allege that plaintiff
pursued any state relief. Indeed, plaintiff has never suggested
that he has taken any action in state court to quiet title or
receive damages under an inverse or reverse condemnation claim.
-9-
Since there is no showing of federal jurisdiction as to the Takings
Clause claim, the Taking Clause claims and any conspiracy to
violate the Takings Clause in any count will be dismissed without
prejudice.
B. Substantive Due Process Claim:
A liberal reading of the Third Amended Complaint might suggest
that plaintiff also frames the alleged taking of his property
rights as a substantive due process claim under the Fourteenth
Amendment. The Eleventh Circuit has held, however, that there is
no independent substantive due process taking cause of action.
Villas of Lake Jackson, Ltd. v. Leon County, 121 F.3d 610, 612-14
(11th Cir. 1997). Additionally, substantive due process protects
only fundamental rights, that is, those rights which are implicit
in the concept of ordered liberty. Such rights are created by the
Constitution, and do not include property rights. Greenbriar
Village, LLC v. Mountain Brook City, 345 F.3d 1258, 1262 (11th Cir.
2003). Merely asserting that the government’s actions were
arbitrary and irrational does not bring the matter within the
protection of the substantive due process provision. Greenbriar
Village, 345 F.3d at 1263-64. Therefore, those portions of counts
in the Third Amended Complaint which attempt to assert a
substantive due process takings claim or conspiracy will be
dismissed.
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C. Procedural Due Process Claim:
Plaintiff’s counts may also attempt to state a procedural due
process claim. For example, plaintiff asserts that Lee County had
no home rule powers or jurisdiction over the undedicated Cayo Costa
subdivision (Doc. #288, ¶¶ 13, 18, 23), that the Resolution was
never signed, executed or acknowledged and did not meet resolution
and recording requirements (id. at ¶¶ 17, 23), and that the taking
was without authority, justification, due process, public notice,
hearing, vote count, or compensation (id. at ¶19).
“Procedural due process requires notice and an opportunity to
be heard before any government deprivation of a property interest.”
Zipperer v. City of Fort Myers, 41 F.3d 619, 623 (11th Cir. 1995).
Not all government actions, however, are subject to a procedural
due process claim. The County’s action in passing the Resolution
constituted a legislative act, and therefore plaintiff cannot state
a procedural due process claim. 75 Acres, LLC v. Miami-Dade
County, Fla., 338 F.3d 1288, 1294 (11th Cir. 2003). Plaintiff
asserted that the Resolution effecting the taking of more than 200
acres other than his 2.5 acres. This is sufficient to constitute
a legislative act. See, e.g., Bi-Metallic Inv. Co. v. State Bd. of
Equalization, 239 U.S. 441, 445 (1915)(noting that it is
impractical to give every one a voice when a legislative act
applies to more than a few people). Additionally, even if not a
legislative act, a procedural due process claims does not exist
-11-
merely because state mandated procedures were not followed. First
Assembly of God of Naples, Florida, Inc. v. Collier County, Fla.,
20 F.3d 419, 422 (11th Cir. 1994). In this regard, some of the
allegations in the Third Amended Complaint are contradicted by the
Resolution which is attached to it. The copy of the Resolution
attached to the Third Amended Complaint establishes that it was
signed, executed, and duly recorded in the public records, and
plaintiff will not be allowed to assert otherwise. The remaining
claimed defects are arguments concerning state law which do not
arise to a constitutional level. Finally, plaintiff fails to state
a procedural due process claim because he has failed to allege that
Florida law provided him with an inadequate post-deprivation
remedy, Tinney v. Shores, 77 F.3d 378, 382 (11th Cir. 1996), and as
discussed above it is clear that Florida does provide adequate
post-deprivation remedies. Therefore, any claim founded on
procedural due process will be dismissed.
D. Equal Protection Claim:
Plaintiff also alleges that the Resolution violated his equal
protection rights. “To properly plead an equal protection claim,
a plaintiff need only allege that through state action, similarly
situated persons have been treated disparately.” Boyd v. Peet, 249
Fed. Appx. 155, 158 (11th Cir. 2007)(citation omitted). See also
Executive 100, Inc. v. Martin County, 922 F.2d 1536, 1552 (11th
Cir. 1991). The Third Amended Complaint does not identify any
similarly situated person with whom plaintiff can be compared. The

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Third Amended Complaint states that defendants have taken over 200
acres pursuant to the Resolution, far in excess of his 2.5 acres.
The only assertion of disparate treatment is for those lots owned
by government, which plaintiff alleges did not have their rights
taken. However, a private owner such as plaintiff can not be
compared to a public owner such as a government unit. Therefore,
no equal protection claim is stated, and such claims will be
dismissed without prejudice.
E. Other Bases of Federal Jurisdiction:
Having found no federal claim set forth in the Third Amended
Complaint, the Court now examines the other purported bases of
federal jurisdiction.
Article III of the Constitution sets the outer boundaries of
the federal court jurisdiction, but vests Congress with the
discretion to determine whether and to what extent that power may
be exercised by lower federal courts. Therefore, lower federal
courts are empowered to hear only cases for which there has been a
congressional grant of jurisdiction. Morrison v. Allstate
Indemnity Co., 228 F.3d 1255, 1260-61 (11th Cir. 2000). Therefore
Article III does not provide any additional basis of federal
jurisdiction. Additionally, plaintiff’s reliance on Article IV of
the Constitution is misplaced because Article IV does not address
the jurisdiction of a federal court.
Plaintiff cites 28 U.S.C. § 1343 as a basis for federal
jurisdiction. Section 1343 sets forth the jurisdiction of district
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courts for certain civil rights actions, but does not itself create
a private right of action. Albra v. City of Fort Lauderdale, 232
Fed. Appx. 885, 892 (11th Cir. 2007). Since none of plaintiff’s
federal civil rights claims are properly before the court, § 1343
is not a basis for jurisdiction over the remaining state law
claims.
Plaintiff’s reliance on the 1899 Rivers and Harbors
Appropriation Act, 33 U.S.C. § 403 is misplaced. Section 403
relates to the creation of an obstruction not authorized by
Congress, and simply not relevant to any of the claims in this
case. The 1862 Homestead Act, 43 U.S.C. §§ 161-64, cannot form
basis for jurisdiction because it was repealed in 1976. Assuming
there is a federal common law Doctrine of Accretion and Erosion, it
cannot provide a jurisdictional basis in federal court. The
Federal Appraisal Standards, Uniform Standards of Professional
Appraisal Practice, 12 U.S.C. § 3331-3351, also do not create
federal jurisdiction. These standards relate to real estate
appraisals utilized in connection with federally related
transactions, 12 U.S.C. § 1331, and no such transaction was
involved in this case. Additionally, in Florida the county
property appraiser is a constitutionally created office whose
appraisals are carried out pursuant to state statute, FLA . STAT . §
193.011 as well as professional appraisal standards established by
the International Association of Assessing Officers and the
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Appraisal Institute. Parrish v. Nikolits, 86 F.3d 1088, 1091 n.2
(11th Cir. 1996).
Therefore, the Court finds no other basis of federal
jurisdiction has been plead in the Third Amended Complaint.
F. Remaining State Law Claims:
The remaining possible claims in the Third Amended Complaint
are all state law claims. Read liberally, the Third Amended
Complaint may be read to allege a claim to invalidate the
Resolution for alleged state-law procedural defects, a state law
claim of trespass, a state law claim of conspiracy to misrepresent,
a state law claim of fraud, state law claims of malfeasance, a
state law claim of oppression, and a state law claim of slander of
title. Even assuming these are properly pled, pursuant to 28
U.S.C. § 1367(c)(3) the Court would exercise its discretion and
decline to exercise supplemental jurisdiction over the state
claims. Raney v. Allstate Ins. Co., 370 F.3d 1086, 1088-89 (11th
Cir. 2004)(encouraging district courts to dismiss state claims
where all claims which provided original jurisdiction have been
dismissed.) The dismissal of the state claims will be without
prejudice. Crosby v. Paulk, 187 F.3d 1339, 1352 (11th Cir. 1999).
Having found that this Court lacks subject matter
jurisdiction, and will not retain supplemental jurisdiction, the
Court need not address the issues raised in the remaining
defendants’ motions to dismiss.
Accordingly, it is now
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ORDERED:
1. Defendant Property Appraiser’s Motion to Dismiss
Plaintiff’s Third Amended Complaint (Doc. #303) is GRANTED to the
extent set forth in paragraph 5 below.
2. Defendant Property Appraiser’s Motion to Dismiss and
Close File (Doc. #285) is DENIED as moot.
3. State of Florida Department of Environmental Protection
and Division of Recreation and Parks, State of Florida, and Board
of Trustees of the Internal Improvement Trust Fund’s Joint Motion
to Dismiss for Lack of Jurisdiction and for Failure to State a
Cause of Action (Doc. #291) is GRANTED to the extent set forth in
paragraph 5 below.
4. Defendants Lee County, Florida, Board of Lee County
Commissioners, Lee County Attorney, Jack N. Peterson’s Motion to
Dismiss (Doc. #304) is GRANTED to the extent set forth in paragraph
5 below.
5. The Third Amended Complaint is dismissed without
prejudice as to all defendants and all claims. The Clerk shall
enter judgment accordingly, terminate all pending motions as moot,
and close the case.
DONE AND ORDERED at Fort Myers, Florida, this 5th day of
May, 2008.
Copies: Parties of record
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2/11/2010 Electronic Case Filing | U.S. District Co…
APPEAL
U.S. District Court

Middle District of Florida (Ft. Myers)
CIVIL DOCKET FOR CASE #: 2:07-cv-00228-JES-SPC
Busse v. Lee County, Florida et al Date Filed: 04/10/2007

Assigned to: Judge John E. Steele Date Terminated: 05/06/2008
Referred to: Magistrate Judge Sheri Polster Chappell Jury Demand: Plaintiff
Case in other court: 08-13170B Nature of Suit: 440 Civil Rights: Other
09-12372-B Jurisdiction: Federal Question
09-13517F
09-13519F
09-13522F
09-14281F
09-14282F
09-14284F
09-14285F
09-16211F
09-16212F
09-16213F
09-16214F
09-16335F
Cause: 28:1331 Fed. Question: Civil Rights Violation
Plaintiff
Jorg Busse represented by Jorg Busse
P.O. Box 1126
Naples, Fl 34106-1126
239/595-7074
PRO SE
Plaintiff
Kenneth M. Roesch, Jr. represented by Kelly Lina Rooth
TERMINATED: 09/21/2007 Rooth Law Group, PA
Suite 322
4399 35th St N
St Petersbsurg, FL 33714
727/824-6212
Fax: 727/822-8048
Email: krooth@roothlawgroup.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
ecf.flmd.uscourts.gov/cgi-bin/DktRpt.p… 1/52
Plaintiff
Anita M. Roesch represented by Kelly Lina Rooth
TERMINATED: 09/21/2007 (See above for address)
LEAD ATTORNEY
Plaintiff
Troy Parnell represented by William Alfred Keyes , Jr.
TERMINATED: 09/21/2007 Stewart & Keyes, PL
2125 First St - Ste 101
PO Drawer 790
Ft Myers, FL 33902
239/334-7477
Fax: 239/334-7941
Email: stewartkeyespl@comcast.net
LEAD ATTORNEY
V.
Defendant
Lee County, Florida represented by Jack Neil Peterson
Lee County Attorney's Office
2115 Second St
PO Box 398
Ft Myers, FL 33902
239/335-2236
Fax: 239/335-2118
Email: peterj@leegov.com
LEAD ATTORNEY
Defendant
Board of Lee County Commissioners represented by Jack Neil Peterson
(See above for address)
LEAD ATTORNEY
Defendant
The Lee County Property Appraiser represented by Jack Neil Peterson
LEAD ATTORNEY
Sherri L. Johnson
Dent & Johnson, Chartered
3415 Magic Oak Lane
Sarasota, FL 34232
941/952-1070
Email: sjohnson@dentjohnson.com
LEAD ATTORNEY
Defendant
State of Florida, Board of Trustees of represented by Harold George Vielhauer
the Internal Improvement Trust Fund Florida Department of Environmental
past & present Protection
MS 35
3900 Commonwealth Blvd
Tallahassee, FL 32399-3000
850/245-2242
Fax: 850/245-2296
Email: Harold.Vielhauer@dep.state.fl.us
LEAD ATTORNEY
Linda Kathryn Funchess

Florida Department of Environmental
Protection
MS 35
850/245-2242
Fax: 850/245-2296
Email: kathy.funchess@dep.state.fl.us
LEAD ATTORNEY
Reagan Kathleen Russell

Florida Department of Environmental
Protection*
MS 35
Email: reagan.russell@dep.state.fl.us
LEAD ATTORNEY
Defendant
Kenneth M. Wilkinson represented by Jack Neil Peterson
LEAD ATTORNEY
Sherri L. Johnson
LEAD ATTORNEY
Defendant
Lee County Attorney represented by Jack Neil Peterson
LEAD ATTORNEY
Defendant
State of Florida Department of represented by Harold George Vielhauer
Environmental Protection, and Division (See above for address)
of Recreation and Parks LEAD ATTORNEY
Linda Kathryn Funchess

LEAD ATTORNEY
Reagan Kathleen Russell

Defendant
Jack N. Peterson
Date Filed # Docket Text

04/10/2007 1 COMPLAINT against Lee County, Florida, Board of Lee County Commissioners, The
Lee County Property Appraiser, State of Florida Board of Trustees of the Internal
Improvement Trust Fund, State of Florida Department of Environmental Protection ;
jury demand (Filing fee $ 350 receipt number F009276) filed by Jorg Busse.(js)
(Entered: 04/12/2007)
04/10/2007 Summons issued as to Lee County, Florida, Board of Lee County Commissioners, The
Lee County Property Appraiser, State of Florida Board of Trustees of the Internal
Improvement Trust Fund, State of Florida Department of Environmental Protection. (js)
(Entered: 04/12/2007)
04/12/2007 2 STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by
All Divisional Judges on 3/27/07. (js) (Entered: 04/12/2007)
04/17/2007 3 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 -
track 2. Notice of pendency of other actions due by 4/30/2007. Signed by Judge All
Divisional Judges on 4/17/2007. (LAG, ) (Entered: 04/17/2007)
04/17/2007 4 INTERESTED PERSONS ORDER. Certificate of interested persons and corporate
disclosure statement due by 4/30/2007. Signed by Judge All Divisional Judges on
4/17/2007. (LAG, ) (Entered: 04/17/2007)
05/01/2007 5 MOTION to dismiss Complaint or Motion for Summary Judgment or Moition for
More Defeinite Statement by Lee County, Florida. (Attachments: # 1 Exhibit A &
B)(Peterson, Jack) (Entered: 05/01/2007)
05/02/2007 6 SUMMARY JUDGMENT NOTICE re 5 MOTION to dismiss Complaint or Motion
for Summary Judgment or Moition for More Defeinite Statement. (js) (Entered:
05/02/2007)
05/02/2007 7 CERTIFICATE of interested persons and corporate disclosure statement re 4
Interested persons order by Lee County, Florida. (Peterson, Jack) (Entered:
05/02/2007)
05/03/2007 8 MOTION for extension of time to file answer or otherwise plead re 1 Complaint, by
The Lee County Property Appraiser. (Johnson, Sherri) Motions referred to Magistrate
Judge Sheri Polster Chappell. (Entered: 05/03/2007)
Interested persons order by The Lee County Property Appraiser. (Johnson, Sherri)
(Entered: 05/03/2007)
05/04/2007 10 ORDER granting 8 the Defendant Property Appraiser's Motion for Extension of Time to
Respond to Complaint. The Defendant shall have up to and including MAY 10, 2007 to
answer or otherwise plead to the Plaintiff's Complaint. Signed by Judge Sheri Polster
Chappell on 5/4/2007. (lmh, ) (Entered: 05/04/2007)
05/08/2007 11 PLAINTIFF'S RESPONSE to Defendant Lee County: Quiet Title Action filed by Jorg
Busse. (js) (Entered: 05/10/2007)
05/10/2007 12 MOTION to Dismiss for Lack of Jurisdiction by The Lee County Property Appraiser.
(Johnson, Sherri) (Entered: 05/10/2007)
05/14/2007 13 Joint MOTION to Dismiss for Lack of Jurisdiction by State of Florida Board of
Trustees of the Internal Improvement Trust Fund, State of Florida Department of
Environmental Protection. (Funchess, Linda) (Entered: 05/14/2007)
05/14/2007 14 PLAINTIFF'S RESPONSE to Defendant Lee County's Motion to dismiss Defendant
Board of Lee County Commissioners, MOTION Injunctive Relief, MOTION for
sanctions against Defendant Lee County's Assistant Attorney, Jack N. Peterson, for
misrepresentation by Jorg Busse. (js) (Entered: 05/15/2007)
05/15/2007 17 NOTICE of filing Additional Evidentiary Materials following Defendant Lee County's
substantially incomplete motion for summary judgment by Jorg Busse (Attachments: # 1
# 2)(js) (Entered: 05/16/2007)
05/15/2007 18 RESPONSE to motion re 5 MOTION to dismiss Complaint or Motion for Summary
Judgment or Moition for More Defeinite Statement filed by Jorg Busse.
(Attachments: # Exhibit(1))(js) (Entered: 05/16/2007)
Interested persons order by State of Florida Board of Trustees of the Internal
Improvement Trust Fund, State of Florida Department of Environmental Protection.
(Funchess, Linda) (Entered: 05/16/2007)
05/16/2007 16 NOTICE of pendency of related cases re 3 order of compliance to Local Rule by State
of Florida Board of Trustees of the Internal Improvement Trust Fund, State of Florida
Department of Environmental Protection Related case(s): yes (Funchess, Linda)
(Entered: 05/16/2007)
05/16/2007 19 MOTION for Time Granted (14 Days), or in the alternative extension of time to
Respond to 5 MOTION to dismiss Complaint or Motion for Summary Judgment or
Moition for More Defeinite Statement by Jorg Busse. (Attachments: # 1 Exhibit A)(js)
(Entered: 05/16/2007)
05/18/2007 20 ORDER granting 19 the Plaintiff's Motion for Time Granted (14 Days), or in the
Alternative Extension of Time, to Respond to "Defendant Lee County's Motion to
Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted; or In the
Alternative, A Motion for Summary Judgment; or in the Alternative, Motion for More
Definite Statement". The Plaintiff shall have up to and including MAY 23, 2007, to
submit a responsive pleading. Signed by Judge Sheri Polster Chappell on 5/17/2007.
(lmh, ) (Entered: 05/18/2007)
05/22/2007 21 MEMORANDUM of law in support; Plaintiff's Answer Brief; Response to Defendants'
Motions and Opposing evidentiary materials filed by Jorg Busse. (Attachments: # 1
Appendix)(js) (Entered: 05/23/2007)
05/23/2007 22 MOTION for the full time granted by this court (14 days), or in the alternative extension
of time to respond to 12 MOTION to Dismiss for Lack of Jurisdiction,MOTION for
discovery, MOTION for receipt of a login and password for electronic court filing by
Jorg Busse. (js) Motions referred to Magistrate Judge Sheri Polster Chappell. Modified
on 5/24/2007 to edit docket text (js). (Entered: 05/24/2007)
05/23/2007 23 MEMORANDUM of law in support; Plaintiff's Answer Brief; Response to Defendants'
Motions and Opposing evidentiary materials filed by Jorg Busse (Attachments: # 1
Appendix)(js) (Entered: 05/24/2007)
05/25/2007 24 MEMORANDUM of Law pertaining to "common law civil fraud" ("sounding in"
negligence), MOTION to compel defendants to produce satisfactory evidence of their
alleged ownership of 'all cayo costa accreted lands' by Jorg Busse. (Attachments: # 1
Exhibit # 2 Exhibit)(js) Motions referred to Magistrate Judge Sheri Polster Chappell.
(Entered: 05/29/2007)
05/29/2007 25 AMENDED COMPLAINT to include additional counts of criminal and common law
civil fraud charges against all defendants, aiding and abetting, and conspiracy; Plaintiff's
response to defendant property appraiser's motion to dismiss; opposing evidentiary
materials; Federal whistleblower action against Lee County, Florida, Board of Lee
County Commissioners, The Lee County Property Appraiser, State of Florida Board of
Environmental Protection filed by Jorg Busse. Related document: 1 Complaint, filed by
Jorg Busse. (Attachments: # 1 amended complaint pt.2# 2 Exhibit H# 3 Exhibit I# 4
Exhibit)(js) (Entered: 05/31/2007)
06/01/2007 26 RESPONSE in opposition re 22 MOTION for discovery MOTION for Extension of
Time to File Response/Reply as to 12 MOTION to Dismiss for Lack of Jurisdiction
MOTION for Extension of Time to File Response/Reply as to 12 MOTION to Dismiss
for Lack of Jurisdiction MOTION for recipt of a login and password for electronic filing
filed by The Lee County Property Appraiser. (Johnson, Sherri) (Entered: 06/01/2007)
06/04/2007 31 EXHIBITS/ CRIMINAL COMPLAINT (Attachments: #(1)Exhibit P #(2)Exhibit Q
#(3)Exhibit X #(4)Exhibit Y #(5) Exhibit Z) (js) (Entered: 06/06/2007)
06/05/2007 27 ORDER denying 24 the Plaintiff Jorg Busses Motion to Compel Defendants to Produce
Satisfactory Evidence of Their Alleged Ownership of All Cayo Costa Accreted Lands.
Signed by Judge Sheri Polster Chappell on 6/5/2007. (lmh, ) (Entered: 06/05/2007)
06/05/2007 32 MOTION for leave of Court to seek legal representation and leave of absence for
health reasons by Jorg Busse.(js) (Entered: 06/06/2007)
06/05/2007 33 MOTION for Defendants' Admission with leave of this Court by Jorg Busse.
(Attachments: # 1 Exhibit # 2 Exhibit)(js) (Entered: 06/06/2007)
06/06/2007 28 MOTION to strike Plaintiff's Request for Admissions by Board of Lee County
Commissioners. (Peterson, Jack) (Entered: 06/06/2007)
06/06/2007 29 MOTION for protective order by Board of Lee County Commissioners. (Attachments:
# 1)(Peterson, Jack) Motions referred to Magistrate Judge Sheri Polster Chappell.
(Entered: 06/06/2007)
06/06/2007 30 NOTICE by Board of Lee County Commissioners re 29 MOTION for protective
order of Certification (Peterson, Jack) (Entered: 06/06/2007)
06/06/2007 34 ORDER granting in part and denying in part 22 the Plaintiff Jorg Busse's Motion for the
Full Time Granted by This Court (14 Days), or in the Alternative Extension of Time to
Respond to Defendant Property Appraiser's Motion to Dismiss and Memorandum of
Law, and the Plaintiff's Motion for Discovery, and the Plaintiff's Motion for Receipt of a
Login and Password for Electronic Court Filing is GRANTED in part DENIED in part.
SEE ORDER FOR DETAILS. Signed by Judge Sheri Polster Chappell on 6/6/2007.
(lmh, ) (Entered: 06/06/2007)
06/07/2007 35 ORDER granting 29 the Defendant Lee Countys Motion for a Protective Order. The
Plaintiff Jorg Busse is directed to cease all communications with members of the Lee
County Board of Commissioners regarding this case whether the contact is made
personally or through an intermediary. All contact should be made with the Boards
attorney. Signed by Judge Sheri Polster Chappell on 6/7/2007. (lmh, ) (Entered:
06/07/2007)
06/08/2007 36 MOTION to Dismiss for Lack of Jurisdiction Amended Complaint by The Lee County
Property Appraiser. (Johnson, Sherri) (Entered: 06/08/2007)
06/08/2007 37 NOTICE of Unavailability for health reasons by Jorg Busse. (js) Modified on 6/14/2007
to edit docket text pursuant to order Doc. 39 (js). (Entered: 06/11/2007)
06/08/2007 38 PLAINTIFF'S REQUEST for Defendants' Admission with Leave of this Court by Jorg
Busse. (js) Modified on 6/11/07 to add exhibit 1 and exhibit 2 to docket
entry;Additional attachment(s) added on 6/11/2007. (js). (Entered: 06/11/2007)
06/13/2007 39 ORDER directing the Clerk of the Court to amend the docket entry to reflect the
Request for Leave of Court to Seek Legal Representation and Leave of Absence for
Health Reasons is a Notice of Unavailability and not a motion. The Plaintiff Jorg Busse's
Request for Leave of Court to Seek Legal Representation and Leave of Absence for
Health Reasons 37 will be construed by the Court as a Notice of Unavailability until July
4, 2007. Signed by Judge Sheri Polster Chappell on 6/12/2007. (lmh, ) (Entered:
06/13/2007)
06/13/2007 40 ORDER denying as premature 38 the Plaintiff Jorg Busse's Request for Defendant's
Admission with Leave of this Court construed as a Motion to Compel Admissions.
06/13/2007 41 MOTION for more definite statement and Memorandum of Law in Support by Board
of Lee County Commissioners. (Peterson, Jack) (Entered: 06/13/2007)
06/28/2007 42 ORDER denying 32 the Plaintiff Jorg Busse's Motion for Request for Leave of Court to
Seek Legal Representation and Leave of Absence for Health Reasons. Signed by Judge
Sheri Polster Chappell on 6/28/2007. (lmh, ) (Entered: 06/28/2007)
06/28/2007 43 ORDER denying 33 the Plaintiff Jorg Busse's Request for Defendant's Admission with
Leave of This Court. Signed by Judge Sheri Polster Chappell on 6/28/2007. (lmh, )
(Entered: 06/28/2007)
07/02/2007 44 PLAINTIFF'S NOTICE of Legal Representation by Brigham Moore, LLP by Jorg
Busse. (Attachments: # 1)(js) (Entered: 07/03/2007)
07/06/2007 45 PlAINTIFF'S NOTICE and submission of further controverting evidence in Defendants'
own files; Defendant Lee County's own December 29, 2000 memorandum as
referenced in Lay vs. Department of Environmental Protection by Jorg Busse.
(Attachments: # 1)(js) (Entered: 07/06/2007)
07/09/2007 46 RESPONSE, part 1, re 12 Defendant Property Appraisers' MOTION to Dismiss
Amended Complaint and Memorandum of law filed by Jorg Busse. (Attachments: # 1
Exhibit F7# 2 Exhibit F8# 3 Exhibit F9# 4 Exhibit F10# 5 Exhibit F10-F# 6 Exhibit
F10-G# 7 Exhibit F11# 8 Exhibit F-12# 9 Exhibit F13# 10 Exhibit F13B# 11 Exhibit
F13-C# 12 Exhibit)(js) (Entered: 07/12/2007)
07/09/2007 47 PLAINTIFF'S EXHIBITS FED, AER, AFF, CM, LEG and further controverting
evidence. (Attachments: #(1) Exhibit FED #(2)Exhibit AER #(3)Exhibit AFF
#(4)Exhibit CM pt.1 #(5)Exhibit CM pt. 2 #(6) Exhibit LEG) (js) (Entered:
07/12/2007)
07/09/2007 48 SECOND NOTICE and submission of further controverting evidence in defendants'
own files by Jorg Busse (Attachments: # 1 Exhibit F1 #(2)Exhibit F2 #(3) Exhibit F3
#(4)Exhibit F-4- F-6)(js) (Entered: 07/12/2007)
07/10/2007 49 PLAINTIFF'S RESPONSE, Part1, to Defendants, "Lee County, Florida, and its board
of Lee County Commissioners" Motion for more definite statement as to Plaintiff's
"Amended Complaint" and memorandum of law in support, MOTION for summary
judgment pertaining to Plaintiff's quiet title action; or in the alternative, motion for
memorandum of law, MOTION for injunctive relief enjoining defendants from trespass,
slandering plaintiff's title and publishing false and misleading property data, and Plaintiff's
MOTION for injunctive relief enjoining defendants from operating a state park in the
private cayo costa subdivision by Jorg Busse. (Attachments: # 1 Exhibit "Pat"# 2 Exhibit
"No Ded"# 3 Errata "Map"# 4 Exhibit "Mem"# 5)(js, ) (Entered: 07/16/2007)
07/10/2007 50 PLAINTIFF'S EXHIBITS 1-12, Clear Evidence of Federal subject matter jurisdiction,
Plaintiff's Motion for Summary Judgment Controverting Recors, including Supreme
Court opinion, Docket "68, 399 ["Federal Law Controls.."] (Attachments: # 1 Exhibit
1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8
Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12) (js) (Entered:
07/16/2007)
07/17/2007 51 ORDER denying 28 the Defendant Lee County's Motion to Strike. Signed by Judge
Sheri Polster Chappell on 7/17/2007. (lmh, ) (Entered: 07/17/2007)
07/17/2007 55 MEMORANDUM of law in support re 49 Plaintiff's Motion for summary judgment filed
by Jorg Busse. (js) (Entered: 07/19/2007)
07/18/2007 52 ORDER directing the Plaintiff Shall Show Cause in writing why the Firm of Brigham
Moore, LLP. has not filed a Notice of Appearance with the Court by Friday, July 27,
2007 and or notify the Court as to how he will proceed. Signed by Judge Sheri Polster
07/18/2007 53 ORDER TO SHOW CAUSE. The Parties have up to and including July 31, 2007, to
SHOW CAUSE in writing why no Case Management Report has been filed with the
Court or in the Alternative the Parties may meet and file a Case Management Report
within the given time frame. Signed by Judge Sheri Polster Chappell on 7/18/2007. (lmh,
) (Entered: 07/18/2007)
07/19/2007 54 RESPONSE in opposition re 49 MOTION for summary judgment MOTION injunctive
relief enjoining defendants from trespass, slandering plaintiff's title and publishing false
and misleading property data filed by The Lee County Property Appraiser. (Johnson,
Sherri) (Entered: 07/19/2007)
07/24/2007 56 MOTION to Appear Telephonically by State of Florida Board of Trustees of the

Internal Improvement Trust Fund, State of Florida Department of Environmental
Protection. (Funchess, Linda) Motions referred to Magistrate Judge Sheri Polster
Chappell. (Entered: 07/24/2007)
07/25/2007 57 NOTICE of Appearance by Reagan Kathleen Russell on behalf of State of Florida
Board of Trustees of the Internal Improvement Trust Fund, State of Florida Department
of Environmental Protection (Russell, Reagan) (Entered: 07/25/2007)
07/25/2007 58 ORDER granting 56 the Defendants' Board of Trustees and Department of
Environmental Protection, Request for Leave of Court to Appear By Telephone. Signed
by Judge Sheri Polster Chappell on 7/25/2007. (lmh, ) (Entered: 07/25/2007)
07/25/2007 59 PLAINTIFF'S MOTION for meeting at the United States Courthouse and Federal
Buildiing in Fort Myers at the earliest convenience. Plaintiff's Notice of apparent lack of
compliance with this honorable court's order pertaining to case management meeting and
report by Jorg Busse. (js) (Entered: 07/25/2007)
07/25/2007 60 NOTICE of availability on Thursday, July 26, 2007, at noon or anytime after 12:00 p.m.
at the Federal Courthouse in Fort Myers by Jorg Busse. (js) (Entered: 07/25/2007)
07/26/2007 61 PLAINTIFF'S MOTION to add Defendant's lawyers as parties to this suit by Jorg
Busse. (Attachments: # 1)(js) (Entered: 07/26/2007)
07/26/2007 62 NOTICE of filing "Order to Show Cause" by Jorg Busse. (js) (Entered: 07/26/2007)
07/26/2007 63 PLAINTIFF'S COURT NOTIFICATION 'As to how he will proceed' in response re
52 Order by Jorg Busse. (js) (Entered: 07/26/2007)
07/26/2007 64 CASE MANAGEMENT REPORT filed by Jorg Busse. (js) (Entered: 07/26/2007)
07/30/2007 65 EMERGENCY MOTION for criminal prosecution of defendants and defendants'
lawyers by Jorg Busse. (slu) Modified on 7/30/2007 (slu). (Entered: 07/30/2007)
07/30/2007 66 MOTION for payment of necessary fees and expenses by Jorg Busse. (slu) (Entered:
07/30/2007)
07/30/2007 67 REPLY to response to motion re 49 MOTION for summary judgment MOTION
injunctive relief enjoining defendants from trespass, slandering plaintiff's title and
publishing false and misleading property data. SUPPLEMENTAL memorandum in
support of plaintiff's motion for summary judgment filed by Jorg Busse. (Attachments: #
1 Exhibit)(slu) (Entered: 07/30/2007)
07/31/2007 68 PLAINTIFF'S MOTION for Emergency Hearing on the issue of Defendants' 1969
Bogus Resolution and Defendants' Liability before United States Judge John E. Steele
and United States Magistrate Judge Sheri Polster Chappell by Jorg Busse.
(Attachments: # 1 Exhibit # 2 Exhibit)(js) (Entered: 07/31/2007)
07/31/2007 69 RESPONSE TO ORDER TO SHOW CAUSE re 53 filed by The Lee County
07/31/2007 70 PLAINTIFF'S Third Supplemental Memorandum in support of Plaintiff's Motion for
Summary Judgment on the issue of Defendant's Liability; MOTION for Rule 11
sanctions against Defendant State of Florida [EFF in 21D], MOTION to restrain
defendants, in particular, from the use of deadly weapons in the private cayo costa
subdivision, and if necessary, through United States law enforcement by Jorg Busse. (js)
(Entered: 07/31/2007)
07/31/2007 71 RESPONSE TO ORDER TO SHOW CAUSE re 53 filed by State of Florida Board of
Environmental Protection. (Russell, Reagan) (Entered: 07/31/2007)
07/31/2007 73 PLAINTIFF'S Response to Defendant Property Appraiser's criminal threats and
'motion for rule 11 sanctions'; Plaintiff's Second Supplemental Memorandum in support
of Plaintiff's Motion for Summary Judgment; MOTION to restrain defendants from any
and all further threats against any and all members of the class of cayo costa property
owners, MOTION for Rule 11 sanctions against defendants by Jorg Busse.
(Attachments: # 1 Exhibit (Photos) filed separately # 2 Exhibit CAL)(js, ) (Entered:
08/01/2007)
08/01/2007 72 ORDER directing Harold George Vielhauer to comply with the administrative
procedures regarding electronic filing. Signed by Judge Sheri Polster Chappell on
8/1/2007. (kma) (Entered: 08/01/2007)
08/01/2007 74 MOTION to strike 67 Reply to response to motion, by The Lee County Property
Appraiser. (Johnson, Sherri) (Entered: 08/01/2007)
08/01/2007 75 RESPONSE to motion re 68 MOTION for Hearing filed by Lee County, Florida.
(Peterson, Jack) (Entered: 08/01/2007)
08/01/2007 76 RESPONSE in opposition re 70 MOTION for sanctions MOTION to restrain
defendants, in particular, from the use of deadly weapons in the private cayo costa
subdivision, and if necessary, through United States law enforcement filed by State of
Florida Board of Trustees of the Internal Improvement Trust Fund, State of Florida
Department of Environmental Protection. (Russell, Reagan) (Entered: 08/01/2007)
08/01/2007 77 MOTION to strike 65 MOTION criminal prosecution of defendants and defendants'
lawyers, 59 MOTION for meeting at the United States Courthouse and Federal
Buildiing in Fort Myers at the earliest convenience, 62 Notice (Other), 61 MOTION to
add Defendant's lawyers as parties to this suit, 63 Notice (Other), 73 MOTION to
restrain defendants from any and all further threats against any and all members of the
class of cayo costa property owners MOTION for sanctions, 70 MOTION for
sanctions MOTION to restrain defendants, in particular, from the use of deadly
weapons in the private cayo costa subdivision, and if necessary, through United States
law enforcement, 68 MOTION for Hearing, 67 Reply to response to motion, 66
MOTION payment of necessary fees and expenses by State of Florida Board of
Environmental Protection. (Russell, Reagan) (Entered: 08/01/2007)
08/02/2007 78 RESPONSE to motion re 68 MOTION for Hearing On Issue of 1969 Bogus
Resolution, etc. filed by Lee County, Florida. (Peterson, Jack) (Entered: 08/02/2007)
08/02/2007 79 NOTICE by State of Florida Board of Trustees of the Internal Improvement Trust
Fund, State of Florida Department of Environmental Protection re 72 Order to comply
with electronic filing of Registration for CM/ECF (Vielhauer, Harold) (Entered:
08/02/2007)
08/02/2007 80 RESPONSE re 53 Order to show cause, Regarding Case Management Report filed
by Lee County, Florida. (Peterson, Jack) (Entered: 08/02/2007)
08/02/2007 81 FEDERAL Trial Exhibits & Plaintiff's Disclosures, Plaintiff's MOTION for summary
judgment on the issue of Defendant's liability in favor of Plaintiff and Class; Federal
Subject Matter Jurisdiction; Criminal Fraud; United States Supreme Court Cases by
Jorg Busse. (Attachments: #(1)Exhibit St. Clair em #(2)Exhibit St. Ceair #(3)Exhibit res
#(4) Exhibit Jefferis em #(5) Exhibit Jefferis #(6) Exhibit Banks em #(7) Exhibit
Banks)(js, ) (Entered: 08/06/2007)
08/02/2007 82 PLAINTIFF'S Notification of Defendants' admissions & failure to deny under Rule 8,
Fed. Rules Civ. Proc.; Plaintiff's fifth supplemental MEMORANDUM of law in support
re 81 Motion for summary judgment; Plaintiff's notification that the 1969 Resolution
violates United States law & The Constitution filed by Jorg Busse. (Attachments: #(1)
Exhibit Troy #(2)Exhibit Admission R8 #(3) Exhibit wild)(js) (Entered: 08/06/2007)
08/02/2007 83 PLAINTIFF'S CERTIFICATE of interested persons and corporate disclosure
statement by Jorg Busse. (js) (Entered: 08/06/2007)
08/06/2007 84 MOTION for sanctions for Plaintiff's Violation of Protective Order by Lee County,
Florida. (Attachments: # 1 Exhibit A through C)(Peterson, Jack) (Entered: 08/06/2007)
08/06/2007 85 RESPONSE in opposition re 61 MOTION to add Defendant's lawyers as parties to
this suit filed by The Lee County Property Appraiser. (Johnson, Sherri) (Entered:
08/06/2007)
08/06/2007 86 RESPONSE in opposition re 66 MOTION payment of necessary fees and expenses
filed by The Lee County Property Appraiser. (Johnson, Sherri) (Entered: 08/06/2007)
08/06/2007 88 PLAINTIFF'S NOTICE of victims' and interested persons' exclusion from 07/26/2007
Case Management Report [CMR] meeting. Plaintiff's Notice of Class pursuant to rule
23, Fed. Rules Civ. Proc. Plaintiff's memorandum of law in support of action by plaintiff,
class, and victims against defendants under the Hobbs Act & 'Rico' by Jorg Busse
(Attachments: # 1 # 2 Exhibit fraud 1969)(js) (Entered: 08/08/2007)
08/06/2007 89 EXHIBIT By Class: 1999 Notification of "Robbery" [By Troy Parnell, Member of the
Class; Dated January 29, 1999.] (Attachments: # 1 ) (js) (Entered: 08/08/2007)
08/06/2007 90 PLAINTIFF'S RESPONSE re 69 Response to order to show cause filed by Jorg
Busse. (Attachments: # 1 # 2 Exhibit # 3 Exhibit)(js) (Entered: 08/08/2007)
08/06/2007 91 PLAINTIFF'S INTERROGATORIES propounded upon defendant State of Florida,
Defendant Lee County, Defendant Lee County Property Appraiser, and Defendant
Board of Lee County Commissioners; Part 1 filed by Jorg Busse. (Attachments: # 1)
(js) (Entered: 08/08/2007)
08/07/2007 87 ORDER denying as moot 36 Motion to Dismiss for Lack of Jurisdiction; denying as
moot 41 Motion for more definite statement; denying 49 Motion for summary judgment;
denying 49 Motion for injunctive relief; denying as moot 59 Motion for meeting; denying
as moot 61 Motion to add defendant's lawyers as parties because the Amended
Complaint has been dismissed and plaintiff has been granted leave to file a Second
Amended Complaint; denying 65 Motion for criminal prosecution; denying 66 Motion
for payment of necessary fees and expenses; denying as moot 68 Motion for Hearing;
denying 70 Motion for sanctions; denying 70 Motion to restrain defendant defendants;
denying 73 Motion to restrain defendants; denying 73 Motion for sanctions; denying as
moot 5 Motion to dismiss; denying as moot 12 Motion to Dismiss for Lack of
Jurisdiction; denying as moot 13 Motion to Dismiss for Lack of Jurisdiction; denying 14
Motion for injunctive relief; denying 14 Motion for sanctions. Plaintiff may file a Second
Amended Complaint within 20 days in compliance with the instructions in the Order.
See Order for details. Signed by Judge John E. Steele on 8/7/2007. (RKM) (Entered:
08/07/2007)
08/07/2007 92 PLAINTIFF'S Court notification of "Presence of Multiple Parties", "Class action" and
common "Factual or legal issues" pursuant to Local Rule 3.05 Case Management;
PLAINTIFF'S and Class' MOTION to clarify track number/status of this case[I.E. two
or three];, MOTION to sanction a "John Turner" who represented defendant Lee
County & defendant Board of Lee County Commissioners without a notice of
appearance, and lack of clear identity and evidence of his admission to this court by Jorg
Busse. (Attachments: # 1)(js, ) (Entered: 08/08/2007)
08/07/2007 93 PLAINTIFF'S and/or Class' MOTION for disciplinary action against defendant state's
lawyer Reagan K. Russell by Jorg Busse. (Attachments: # 1)(js) (Entered: 08/08/2007)
08/07/2007 94 PLAINTIFF'S and/or Class' MOTION to appoint a grievance committee pursuant to
Local rule 2.04(e) by Jorg Busse. (Attachments: # 1)(js) (Entered: 08/08/2007)
08/07/2007 95 PLAINTIFF'S and/or class' MOTION seeking leave of court to provide copies of any
and all records due to grievance(s) pursuant to Rule 2.04 discipline. Plaintiff's
interrogatories propounded upon defendant State of Florida, defendant Lee County,
defendant Lee County Property Appraiser, and defendant Board of Lee JCounty
Commissioners Part 1 by Jorg Busse. (Attachments: # 1)(js) (Entered: 08/08/2007)
08/07/2007 96 PLAINTIFF'S INTERROGATORIES propounded upon defendant State of Florida,
defendant Lee County, defendant Lee County Property Appraiser, and defendant
Board of Lee County Commissioners; Part 1 (Attachments: # 1) (js) (Entered:
08/08/2007)
08/09/2007 97 MOTION for sanctions Pursuant to Rule 11 by The Lee County Property Appraiser.
(Johnson, Sherri) Modified on 11/14/2007 (LKS). Modified on 11/14/2007 (LKS).
(Entered: 08/09/2007)
08/10/2007 98 ORDER denying as moot 74 Defendant Lee County Property Appraiser's Motion to
strike; denying as moot 77 Defendants' Motion to strike; denying as moot 81 Plaintiff's
Motion for summary judgment. Signed by Judge John E. Steele on 8/10/2007. (AFR)
(Entered: 08/10/2007)
08/16/2007 99 ORDER denying 92 the Plaintiff Jorg Busse's Motion to Clarify Track Number as a
Track 2 or Track 3, and Motion to Sanction "John Turner" who Represented the
Defendant Lee County & Defendant Board of Lee County Commissioners Without
Notice of Appearance. Signed by Judge Sheri Polster Chappell on 8/16/2007. (lmh, )
(Entered: 08/16/2007)
08/21/2007 100 ORDER denying 93 the Plaintiff Jorg Busse's Motion for Disciplinary Action Against
Defendant States Lawyer Reagan K. Russell Pursuant to Local Rule 2.04; denying the
Plaintiff Jorg Busse's Motion to Appoint a Grievance Committee Pursuant to Local Rule
2.04(e) 94 ; denying the Plaintiff Jorg Busse's Motion Seeking Leave of Court to
Provide Copies of Any and All Records Due to Grievance(s) Pursuant to Rule 2.04
Discipline 95 . Signed by Judge Sheri Polster Chappell on 8/21/2007. (lmh, ) (Entered:
08/21/2007)
08/22/2007 101 MOTION for protective order by State of Florida Board of Trustees of the Internal
(Russell, Reagan) Motions referred to Magistrate Judge Sheri Polster Chappell.
(Entered: 08/22/2007)
08/24/2007 102 SECOND AMENDED COMPLAINT against Kenneth M. Wilkinson, Lee County
Attorney, Lee County, Florida, Board of Lee County Commissioners, The Lee County
Property Appraiser, State of Florida Board of Trustees of the Internal Improvement
Trust Fund, State of Florida Department of Environmental Protection filed by Jorg
Busse, Kenneth M. Roesch, Jr., Anita M. Roesch, and Troy Parnell. Jury demand.
Related document: 25 Amended complaint, filed by Jorg Busse. (Attachments: #
1complaint part 2 #(2)complaint part 3 #(3)complaint part4 #(4)complaint part 5)(js)
Modified on 8/27/2007 to edit text to reflect jury demand(js). (Entered: 08/27/2007)
08/27/2007 Summons issued as to Lee County Attorney. (js) (Entered: 08/27/2007)
08/27/2007 103 PLAINTIFFS' MOTION for summary judgment on the issue of defendants' liability in
Plaintiffs' "Inverse Condemnation" action by Jorg Busse, Kenneth M. Roesch, Jr, Anita
M. Roesch, Troy Parnell. (Attachments: # 1 Exhibit # 2 Exhibit)(js) (Entered:
08/28/2007)
08/27/2007 104 PLAINTIFFS' EXHIBITS in "Factual Support" of Plaintiffs' Motion for Summary
Judgment on the issue of defendants' Liability in Plaintiffs' "Inverse Condemnation" action
against all defendants re Doc. 103 . (js) (Entered: 08/28/2007)
08/28/2007 105 PLAINTIFFS' MEMORANDUM in "factual support" re 103 Motion for summary
judgment on the issue of Defendants' liability in Plaintiffs' "Inverse Condemnation" action
against all defendants filed by Jorg Busse, Kenneth M. Roesch, Jr, Anita M. Roesch,
Troy Parnell. (Attachments: # 1 Exhibit # 2 Exhibit)(js) (Entered: 08/28/2007)
08/30/2007 106 MOTION to Dismiss for Lack of Jurisdiction by State of Florida Board of Trustees of
the Internal Improvement Trust Fund, State of Florida Department of Environmental
Protection. (Russell, Reagan) (Entered: 08/30/2007)
08/30/2007 108 PLAINTIFF'S MOTION for summary judgment on the issue of defendant's liability
under 42 U.S.C 1983 and Constitutional Article IV [II (2). Count of deprivations of civil
rights] by Jorg Busse, Kenneth M. Roesch, Jr, Anita M. Roesch, Troy Parnell. (js)
(Entered: 09/04/2007)
08/31/2007 107 SUMMARY JUDGMENT NOTICE re 103 MOTION for summary judgment (js)
(Entered: 08/31/2007)
09/04/2007 109 NOTICE by The Lee County Property Appraiser re 91 Remark, 96 Remark of
Service of Objection to Interrogatories (Johnson, Sherri) (Entered: 09/04/2007)
09/04/2007 114 PLAINTIFF'S Conclusive "Riparian" "Gulf Front" "Boundary Survey" in "Factual
Support" of Plaintiffs' Motions for Summary Judgment filed by Jorge Busse, Kenneth M.
Roesch, Jr., Anita M. Roesch, and Troy Parnell. (js) (Entered: 09/07/2007)
09/04/2007 116 PLAINTIFFS' Memorandum in factual support of Plaintiffs' Motion for Summary
Judgment on the issue of Defendants' 'Liability' for "Inverse Condemnation" and the
"Temporary" "Regulatory Taking" of "All Cayo Costa Private Accreted
Property"[without due process & just compensation] by "Plan and Design" "Agreed
upon by all defendants" in order to "Operate the Public Cayo Costa State Park" filed by
Jorge Busse, Kenneth M. Roesch, Jr., Anita M. Roesch, and Troy Parnell. (js, )
(Entered: 09/07/2007)
09/05/2007 110 SUMMARY JUDGMENT NOTICE re 108 MOTION for summary judgment. (js)
(Entered: 09/05/2007)
09/06/2007 111 MOTION to strike 102 Amended complaint,, or to Dismiss by The Lee County
09/07/2007 112 MOTION to strike by State of Florida Board of Trustees of the Internal Improvement
Trust Fund, State of Florida Department of Environmental Protection. (Russell, Reagan)
(Entered: 09/07/2007)
09/07/2007 113 PLAINTIFF'S "Public Record" exhibits and conclusive evidence of "Inverse
Condemnation", temporary "Takings" without due process & just compensation,
"Deprivations" of Plaintiffs' rights, privileges, & immunities, and 42 U.S.C. 1983 "Civil
Rights Violations" by all defendants in factual support re 103 Motion for summary
judgment, filed by Jorg Busse, Kenneth M. Roesch, Jr, Anita M. Roesch, Troy Parnell.
(js) (Entered: 09/07/2007)
09/07/2007 115 PLAINTIFFS' Memorandum in support of motion for summary judgment and
RESPONSE to motion re 106 MOTION to Dismiss for Lack of Jurisdiction filed by
Jorg Busse, Kenneth M. Roesch, Jr, Anita M. Roesch, Troy Parnell. (js) (Entered:
09/07/2007)
09/07/2007 121 PLAINTIFFS' Memorandum and RESPONSE to Defendant State's document re 106
MOTION to Dismiss for Lack of Jurisdiction, in support of Plaintiffs' Motions for
Summary Judgment, and controverting defendants' false allegations of immunity filed by
Jorg Busse. (js) (Entered: 09/11/2007)
09/10/2007 117 ORDER re: Consent to Exercise of Jurisdiction by a United States MagistrateForm.
Signed by Judge John E. Steele on 9/10/2007. (BMA ) (Entered: 09/10/2007)
09/10/2007 118 RESPONSE to motion re 103 MOTION for summary judgment, 108 MOTION for
summary judgment filed by Board of Lee County Commissioners. (Peterson, Jack)
(Entered: 09/10/2007)
09/10/2007 122 PLAINTIFFS' MEMORANDUM IN RESPONSE to motion re 111 MOTION to
strike 102 Amended complaint,, or to Dismiss, and in support of Plaintiffs' Motion for
Summary Judgment on the issue of Defendants' liability for their "Deprivations" of
Plaintiffs' Rights, Privileges & Immunities under 42 U.S.C. 1983 [Civil Rights Violations]
filed by Jorg Busse. (js) (Entered: 09/12/2007)
09/11/2007 119 Unopposed MOTION to Remove as Plaintiffs by Kenneth M. Roesch, Jr, Anita M.
Roesch. (Rooth, Kelly) (Entered: 09/11/2007)
09/11/2007 120 RESPONSE in opposition re 103 MOTION for summary judgment on Inverse
Condemnation Claim filed by The Lee County Property Appraiser. (Johnson, Sherri)
(Entered: 09/11/2007)
09/12/2007 123 ORDER denying 84 the Defendant Lee County, Florida's Motion for Sanctions for
Plaintiff's Violation of Protective Order. Signed by Judge Sheri Polster Chappell on
9/12/2007. (lmh, ) (Entered: 09/12/2007)
09/12/2007 124 Monthly MOTION to dismiss Amended Complaint with Memorandum of Law by
Board of Lee County Commissioners. (Peterson, Jack) (Entered: 09/12/2007)
09/12/2007 128 PLAINTIFFS' MOTION to strike re 101 MOTION for protective order, MOTION
for leave of Court to serve interrogatories upon defendant 'officials' by Jorg Busse,
Kenneth M. Roesch, Jr, Anita M. Roesch, Troy Parnell. (js) (Entered: 09/14/2007)
09/12/2007 129 MOTION to strike from all of Defendants' pleadings their insufficient defense of
sovereign immunity [Amendment XI], Plaintiff's MOTION for leave of Court to
controvert Defendants' "Insufficient" and "Immaterial" defenses by Jorg Busse, Kenneth
M. Roesch, Jr, Anita M. Roesch, Troy Parnell. (js) (Entered: 09/14/2007)
09/13/2007 125 ORDER denying 97 the Defendant Ken Wilkinson, as Lee County, Florida Property
Appraiser's Motion for Rule 11 Sanctions. Signed by Judge Sheri Polster Chappell on
9/13/2007. (lmh, ) (Entered: 09/13/2007)
09/13/2007 126 ORDER granting 101 the Defendants State of Florida Board of Trustees of the Internal
Improvement Trust Fund and Florida Department of Environmental Protection's Motion
for a Protective Order. SEE ORDER FOR DETAILS. Signed by Judge Sheri Polster
09/13/2007 127 RESPONSE in opposition re 108 MOTION for summary judgment on Civil Rights
Claims filed by The Lee County Property Appraiser. (Johnson, Sherri) (Entered:
09/13/2007)
09/13/2007 130 PLAINTIFFS' NOTICE of Defendant's violations of Federal Rules of Civil Procedure
11(b) representations to Court, and MOTION to strike "Defendants' Motion for
Sanctions" dated August 29, 2007 re 84 MOTION for sanctions for Plaintiff's
Violation of Protective Order by Jorg Busse, Kenneth M. Roesch, Jr, Anita M.
Roesch, Troy Parnell. (js) (Entered: 09/17/2007)
09/13/2007 131 PLAINTIFFS' MOTION to strike 118 Response to motion by Jorg Busse, Kenneth
M. Roesch, Jr, Anita M. Roesch, Troy Parnell. (js) (Entered: 09/17/2007)
09/17/2007 132 PLAINTIFFS' NOTICE of Defendant Wilkinson's violations of Fed. R. Civ. Proc.
11(b): Representations to [this] Court, in "Defendant Property Appraiser's Motion to
Strike or Dismiss Plaintiffs' Second Amended Complaint" [Doc.111], [and as to order
to show cause why Wilkinson did not violate F.R.C.P. 11(b) on this Court's "Own
Initiative" by Jorg Busse, Kenneth M. Roesch, Jr, Anita M. Roesch, Troy Parnell. (js)
(Entered: 09/18/2007)
09/17/2007 133 MOTION to strike "Defendants' Motion for Sanctions" dated 09/11/07, and Plaintiffs'
Notice of Defendants' violations of Federal Rules Civil Procedure 11 (b):
Representations to [this] Court by Jorg Busse, Kenneth M. Roesch, Jr, Anita M.
Roesch, Troy Parnell. (js) (Entered: 09/18/2007)
09/18/2007 134 UNOPPOSED MOTION to remove Troy Parnell as Plaintiff and supporting
memorandum of law by Troy Parnell. (js) (Entered: 09/19/2007)
09/18/2007 135 MOTION for summary judgment on the issue of all defendants' liability for "Trespass to
Plaintiff(s)' Gulf Front Accreted Lands" pursuant to Fed. R. civ. P. 56 by Jorg Busse.
(js) (Entered: 09/19/2007)
09/18/2007 136 PLAINTIFFS' RESPONSE re 111 MOTION to strike 102 Amended complaint, or to
Dismiss by Jorg Busse, Troy Parnell. (js) (Entered: 09/19/2007)
09/19/2007 139 PLAINTIFF(S)' MOTION for order compelling disclosure & discovery against
defendants State of Florida pursuant to Fed. R. Civ. P. 37(a) & (b) by Jorg Busse, Troy
Parnell. (js) Motions referred to Magistrate Judge Sheri Polster Chappell. (Entered:
09/21/2007)
09/19/2007 140 PLAINTIFF(S)' MOTION to waive defendant Appraiser's unspecific, untimely, and
unexcused objection to Plaintiff(S) interrogatories, pursuant to Fed. R. civ. P. 33(b) (4)
by Jorg Busse, Troy Parnell. (js) (Entered: 09/21/2007)
09/19/2007 141 PLAINTIFF(S)' REQUEST(S) for admission(s) of the truth by defendant Lee County
Property Appraiser K.M. Wilkinson pursuant to Fed. R. Civ. P. 36. (Attachments: # 1)
(js) (Entered: 09/21/2007)
(Entered: 09/20/2007)
09/20/2007 138 RESPONSE re 117 Order filed by State of Florida Board of Trustees of the Internal
(Russell, Reagan) (Entered: 09/20/2007)
09/20/2007 143 MOTION to strike and MOTION for sanctions re 111 MOTION to strike 102
Amended complaint, or to Dismiss pursuant to Fed. R. Civ. P. 12(f) and 12 (c) by Jorg
09/21/2007 142 ORDER granting 119 Plaintiffs Unopposed Motion to Remove Kenneth M. Roesch, Jr.
and Anita Roesch as Plaintiffs; granting 134 Plaintiffs Unopposed Motion Remove Troy
Parnell as Plaintiff. The Clerk is directed to terminate the following parties: Kenneth M.
Roesch, Jr, Anita Roesch, and Troy Parnell. Signed by Judge John E. Steele on
9/21/2007. (AFR) (Entered: 09/21/2007)
09/21/2007 144 RESPONSE to motion re 124 Monthly MOTION to dismiss Amended Complaint with
Memorandum of Law and motion for attorney(s)' fees and other expenses incurred,
pursuant to Fed. R. Civ. P. 11 (c) (1) (B) (2) filed by Jorg Busse, Troy Parnell. (js)
(Entered: 09/24/2007)
09/21/2007 145 PLAINTIFF(S)' MOTION to strike and MOTION for sanctions re 111 MOTION to
strike 102 Amended complaint,, or to Dismiss by Jorg Busse, Troy Parnell. (js)
(Entered: 09/24/2007)
09/21/2007 146 PLAINTIFF(S)' MOTION for order compelling disclosure & discovery against the
defendants State of Florida Board of Trustees of the internal improvement trust fund and
Florida Department of Environmental Protection, and their advising attorneys pursuant to
Fed. R. Civ. P. 37(a) & (B) and MOTION for attorney(s)' fees and expenses pursuant
to Fed. R. Civ. P. 37(a) (4) (A), by Jorg Busse, Troy Parnell. (js) (Entered:
09/24/2007)
09/21/2007 147 PLAINTIFF(S)' SUPPLEMENTAL REQUEST to produce Defendants State of
Florida, pursuant to Fed. R. Civ. P. 34, and 26, and 37, and MOTION for leave of
court by Jorg Busse, Troy Parnell. (js) Motions referred to Magistrate Judge Sheri
Polster Chappell. (Entered: 09/24/2007)
09/21/2007 149 PLAINTIFF(S)' MOTION for order compelling disclosure & discovery against
Defendants Lee County, its commissioners & attorney(s), pursuant to Fed. R. Civ. P.
37(a) & (b), and MOTION for attorney(s) fees and expenses pursuant to Fed. R. Civ.
P. 37(a) (4) (A) by Jorg Busse, Troy Parnell. (js) Motions referred to Magistrate Judge
Sheri Polster Chappell. (Entered: 09/24/2007)
09/24/2007 148 APPEAL of Magistrate Judge ruling to District Court by The Lee County Property
Appraiser re 125 Order on motion for sanctions (Johnson, Sherri) Modified on
9/26/2007 to correct event type (kma). (Entered: 09/24/2007)
09/24/2007 150 PLAINTIFF(S)' NOTICE of Plaintiff(s)' demands for reasonable attorney(s)' fees, and
costs pursuant to 42 U.S.C. 1988 (1976) by Jorg Busse. (js) (Entered: 09/24/2007)
09/24/2007 151 PLAINTIFF(S)' MOTION to strike 138 , pursuant to Fed. 12(f) and 42, and
MOTION for sanctions & application for order for defendants' payment(s) of
Plaintiff(S)' expenses, pursuant to Fed. R. civ. P. 37 (C) (2): and Plaintiff(s) Response
(I) to document 138, "Defendants', State of Florida Board of Trustees and Department
of Environmental Protection, response to order (document #117)". by Jorg Busse. (js, )
(Entered: 09/24/2007)
09/24/2007 152 ORDER denying 139 the Plaintiff Jorg Busse's Motion to Compel Disclosure &
Discovery Against Defendants State of Florida Pursuant to Fed. R. Civ. P. 37(a) & (b)
(Doc. #139). The Plaintiff Jorg Busse's Motion to Reconsider the Court's Protective
Order Preventing the Plaintiff from Making Contact with Parties Who are Represented
by Counsel(Doc. # 139) is DENIED. The Plaintiff Jorg Busses Motion to Allow Him
Access to the Court's Electronic Filing System CM/ECF (Doc. # 139) is DENIED.
09/24/2007 153 MOTION for summary judgment on the issue of defendants' "Fabrications" of "fictitious"
"Land Parcel Numbers" 12-44-20-01.00000.00AO, and 07-44-21-01-00001.0000"
which do not exist on the respective Cayo Costa subdivision plat(s), pursuant to Fed. R.
civ. P. 56, and Plaintiff(s)' Demands for reasonable attorney(s)' fees, and cost pursuant
to 42 U.S.C. 1988 (1976). by Jorg Busse. (js) (Entered: 09/24/2007)
09/24/2007 154 PLAINTIFF(S)' NOTICE of Defendants' admission of federal jurisdiction. by Jorg
Busse, Troy Parnell. (js) (Entered: 09/24/2007)
09/24/2007 155 PLAINTIFF(S)' MOTION for summary judgment on the issue of Defendant
Appraiser's violations of federal appraisal standards & the uniform standards of
professional appraisal practice, including "fabrications" of "fictitious" "land parcel
numbers"; "12-44-20-01.00000.00AO, and 07-44-21-01-00001.0000", which do not
exist on the respective Cayo Costa subdivision plat(s), pursuant to Fed. R. civ. P. 56,
and PLAINTIFF(S)'MOTION for reasonable attorney(s)' fees, and costs pursuant to
42 U.S.C 1988 (1976) by Jorg Busse. (js, ) (Entered: 09/26/2007)
09/25/2007 157 PLAINTIFF(S)' NOTICE of all defendants' failure to disclose pursuant to Fed. R. Civ.
P. 26(a) (1), and PLAINTIFF(S)' MOTION for sanctions against defendant appraiser,
pursuant to Fed. R. Civ. P. 11 by Jorg Busse. (js) (Entered: 09/27/2007)
09/25/2007 158 PLAINTIFF(S)' PROOF of averred, published official records, pursuant to Fed. R. civ.
P. 44 (a) (1), in factual support of Plaintiff(S)' Motions for summary Judgment [doc.
#103, #108, #135, and other], pursuant to Fed. R. civ. P. 56. filed by Jorg Busse. (js)
(Entered: 09/27/2007)
09/25/2007 159 PLAINTIFF(S)' MOTION for sanctions against defendants State of Florida, pursuant
to Fed. R. Civ. P. 11, and Plaintiff(s)' NOTICE of defendant(s) State of Florida's failure
to disclose, pursuant to Fed. R. Civ. P. 26 (a) (1) by Jorg Busse. (js) (Entered:
09/27/2007)
09/26/2007 160 PLAINTIFF(S)' Admissable evidence that the "plat" records contained no such record
or entry of "fabricated" Lot "A" pursuant to Fed. R. Civ. P. 44 9b), and Plaintiff(s)'
NOTICE of defendant Appraiser's failure to admit the truth that lot "A" never existed by
09/26/2007 162 PLAINTIFF(S)' admissible evidence that the records contain no such record or entry of
alleged Lot "A", pursuant to Fed. R. civ. P. 44(b), as "Averred" "With Particularity" in
documents #1 and 102. (Attachments: # 1) (js) (Entered: 09/28/2007)
09/27/2007 156 SUMMARY JUDGMENT NOTICE re 155 MOTION for attorney fees MOTION
for summary judgment, 153 MOTION for summary judgment. (js) (Entered:
09/27/2007)
09/27/2007 164 PLAINTIFF(S)' MOTION for Declaratory Judgment, pursuant to Fed. R. civ. P. 57,
and Plaintiff(S) admissible evidence of "lack of record" of "Lot A" and "land parcel" "12-
44-20-01.00000.00A0, and of "civil fraud" and "civil conspiracy" by defendant
appraiser, and by his "advising attorney", pursuant to Fed. R. Civ. P. 44 (b). Lack of
record. by Jorg Busse. (Attachments: # 1)(js) (Entered: 10/01/2007)
09/27/2007 165 PLAINTIFF(S)' ADMISSIBLE Evidence of defendant(s) State's June 26, 2003,
"Cabinet Meeting Transcripts" in factual support of Defendant State of Florida's "Civil
Fraud" & "Civil Conspiracy" & "Fraudulent" "Takings" of "Private Property" "For public
use [Cayo Costa State Park]" "Without due process & just compensation" pursuant to
Fed. R. Civ. P. 44, 56, & 57 (Attachments: # 1) (js) Modified on 10/1/2007 to edit
docket text(js). (Entered: 10/01/2007)
09/27/2007 166 PLAINTIFF(S)' MOTION for Declaratory Judgment regarding A) Plaintiff(S)' "Federal
Rights", and 42 U.S.C. 1983 "Deprivations" of said "Federal Rights" by all defendants,
pursuant to Fed. R. Civ. P. 57 and 1, based on the admissible evidence of all four cayo
costa plats, pursuant to Fed. R. Civ. P. 44(a), and the admissible [sic] evidence of lack
of record of any changes since 1912, pursuant to Fed. R. Civ. P. 44(b) by Jorg Busse.
(js, ) (Entered: 10/01/2007)
09/27/2007 168 PLAINTIFF(S)' Interrogatory II propounded upon all defendants by Jorg Busse. (js)
(Entered: 10/01/2007)
09/27/2007 169 PLAINTIFF(S)' Interrogatory III: "Where and when was the conveyance of lot "A",
Lee County Property Appraiser's parcel I.D./ folio number(s) "12-44-20-01-
00000.00A0" recorded in the grantor/grantee index [or number (s)?]?", propounded
upon all defendants by Jorg Busse. (js) (Entered: 10/01/2007)
09/27/2007 170 PLAINTIFF(S)' Interrogatory IV: "Why did you deny plaintiff(s) and deprive plaintiff(s)
of the Federal, civil, riparian, property, subdividing, & other rights Alexander C. Roesch
[original subdivider] had, and which were "conclusively" "established" by, and
"recorded" in Lee County "official records" 1/49, 1/51, and 3/25?" propounded upon all
defendants by Jorg Busse. (js) (Entered: 10/01/2007)
09/27/2007 171 PLAINTIFF'(S) Interrogatory V: "Why was Lee County official record 569/875 [Doc.
#24-2; 05/25/2007], which controverted Lee County "Official Records" 1/49, 1/51,
1/52, and 3/25, never signed by anybody?", propounded upon all defendants by Jorg
09/28/2007 161 NOTICE by State of Florida Board of Trustees of the Internal Improvement Trust
Fund, State of Florida Department of Environmental Protection of Serving Answers
and Objections to Interrogatories Propounded by Plaintiff (Russell, Reagan)
(Entered: 09/28/2007)
09/28/2007 163 RESPONSE in opposition re 140 MOTION to waive defendant Appraiser's unspecific,
untimely, and unexcused objection to Plaintiff(S) interrogatories, pursuant to Fed. R. civ.
P. 33(b) (4) filed by The Lee County Property Appraiser. (Johnson, Sherri) (Entered:
09/28/2007)
09/28/2007 172 PLAINTIFF(S)' MOTION for summary judgment against Defendant Lee County
Attorney on the issue of defendant attorney's liability for "civil fraud", pursuant to Fed. R.
Civ. P. 1,44(a), 44(b), 56,57, and 42 U.S.C. 1983, 42 U.S.C. 1988, and demand for
"punitive damages" against "officials" personally by Jorg Busse. (js) (Entered:
10/01/2007)
10/01/2007 167 PLAINTIFF(S)' Interrogatory II propounded upon all defendants by Jorg Busse. (js)
(Entered: 10/01/2007)
(Entered: 10/01/2007)
10/01/2007 174 PLAINTIFF(s)' MOTION for judgment(s) against defendant Appraiser for failure to
state any legal defense(s) in response to Plaintiff(S) causes of action, claims for relief,
and "particular" "counts" of 1) 42 U.S.C. 1983 "violations" and "deprivations"; and 2)
punitive damages under 42 U.S.C. 1988; and 3) civil fraud; and 4)civil conspiracy; and
5)trespass to plaintiff(S)' lands; and 6)"fraudulent" "uncompensated" "takings"; and the
7)other causes of action, and claims for relief, pursuant to Fed.R.Civ. P.
7,8,11,1,56,44(b) & (a) by Jorg Busse. (js, ) (Entered: 10/02/2007)
10/01/2007 175 PLAINTIFF(S)' MOTION for Declaratory Judgment that A) Lee County never was
the legal owner of Lot "A", and B) Lee County never was the legal owner of Block "1",
and C)Defendant Appraiser "deprived" plaintiff(s) through his fraudulent claims, pursuant
to 42 U.S.C. 1983, and 1988; and D)Appraiser & his attorney inteded to undermine
the integrity of the property recordation system & this judicial proceeding by Jorg Busse.
(js) (Entered: 10/02/2007)
10/01/2007 176 MOTION for Declaratory Judgment that A) Plaintiff(S)' Lots "15 A", "2", "3", and "P"
were abutting "Navigable Water" & thereby "riparian" Gulf front lots, & that B)
Defendant Attorney "deprived" Plaintiff(S) through his fraudulent claims, pursuant to 42
U.S.C. 1983, and 1988, and was officially and individually liable for fees & expenses by
10/02/2007 181 PLAINTIFF(S)' MOTION for expenses and MOTION for sanctions following
Defendant Appraiser's failure to disclose and failure to cooperate in discovery, pursuant
to Fed. R. Civ. P. 37(4), 37, 26(a) (1), 26, 33, 50, 16, et al. by Jorg Busse.
10/02/2007 182 PLAINTIFF(S)' MOTION to show cause why expert witness(es) should not be
appointed, pursuant to Fed. R. Evidnece 706, 705, 702 by Jorg Busse. (js) (Entered:
10/04/2007)
10/02/2007 183 MOTION for leave of Court to serve interrogatroy "Appraiser's fraud & fraudulent
alienation I" upon D. Appraiser, pursuant to Fed. R. Civ. P. 33(a) & (B) & MOTION
for optional answer, pursuant to Fed. R. Civ. P. 33(d) by Jorg Busse. (Attachments: #
1)(js) (Entered: 10/04/2007)
10/03/2007 177 MOTION to strike 135 MOTION for summary judgment, 155 MOTION for attorney
fees MOTION for summary judgment, 153 MOTION for summary judgment or, in the
alternative, Motion in Opposition to Plaintiff's Motions for Summary Judgment by
State of Florida Board of Trustees of the Internal Improvement Trust Fund, State of
Florida Department of Environmental Protection. (Russell, Reagan) (Entered:
10/03/2007)
10/03/2007 178 RESPONSE in opposition re 135 MOTION for summary judgment filed by The Lee
County Property Appraiser. (Johnson, Sherri) (Entered: 10/03/2007)
10/03/2007 184 MOTION to strike defendant Appraiser's "Objections to Magistrate Judge's order
denying motion", and "Response to Plaintiff's motion to waive defendant's objections"
[Doc. # 148 & 163, Respectively] by Jorg Busse. (js) (Entered: 10/05/2007)
10/03/2007 185 PLAINTIFF(S)' NOTICE of 'No service made', pursuant to Fed. R. civ. P. 5, and
Plaintiff(s)' notice of defendants' failure to comply with order, pursuant to Fed. R. Civ.
P. 37(b)(2) [Sanctions: Contempt of this court's 09/13/2007 order/ Doc. #126] by Jorg
10/04/2007 179 RESPONSE to motion re 155 MOTION for attorney fees MOTION for summary
judgment, 153 MOTION for summary judgment filed by Lee County, Florida.
10/04/2007 180 RESPONSE to motion re 172 MOTION for summary judgment filed by Lee County,
Florida. (Peterson, Jack) (Entered: 10/04/2007)
10/04/2007 186 PLAINTIFF(S)' PROMPT APPLICATION for entry of default against defendant Lee
County Attorney, pursuant to Rule 1.074, and Fed. R. Civ. P. 55, 44, and 12. by Jorg
Busse. (Attachments: # 1)(js) Motions referred to Magistrate Judge Sheri Polster
10/04/2007 187 PLAINTIFF'S NOTICE of conference with defendants State of Florida, pursuant to
Fed. R. Civ. P. 26, 16, 44, 56, 57, including consideration of "prompt settlement", and
"referral of the matter of professional behavior" of Harold G. Vielhauer, Florida Bar No.
608350, pursuant to Local Rule 2.04 by Jorg Busse (js) (Entered: 10/05/2007)
10/04/2007 188 PLAINTIFF(S)' MOTION for consideration and/or scheduling of a preliminary pretrial
conference, pursuant to Local Rule 3.05 (C) (D), and Fed. R. Civ. P. 16. by Jorg
10/08/2007 189 RESPONSE in opposition re 155 MOTION for attorney fees MOTION for summary
judgment filed by The Lee County Property Appraiser. (Johnson, Sherri) (Entered:
10/08/2007)
10/09/2007 190 ORDER providing parties the Consent to Exercise of Jurisdiction by a United States
Magistrate Judge form. Signed by Judge John E. Steele on 10/9/2007. (RKM)
(Entered: 10/09/2007)
10/09/2007 191 PLAINTIFF'S "Objection(S)" to the documents electronically filed by Reagan Kathleen
Russell, Florida Bar NO. 0024042, and signed "/S/ Harold George Vielhauer", Florida
Bar No. 608350, "Law Office of Harold G. Vielhauer", pursuant to Fed. R. Civ. P. 11,
& 12, and the CM/ECF administrative procedures Middle District of Florida, and Rule
301, 405, F. R. E., and this Court's Local Rules. (js) (Entered: 10/09/2007)
10/09/2007 192 PLAINTIFF(S)' Memorandum pertaining to the presumptive validity of the admissible
evidence of the Cayo Costa plat maps, in support of prompt settlement & Motions for
summary judgment as a matter of fact, pursuant to Rule 3, & Fed. R. civ. P. 26, 50, 52,
55, 56, 57, 44, 11, &12, and Rule 301, 405, F.R.E. (js) (Entered: 10/09/2007)
10/09/2007 193 PLAINTIFF'S MOTION to strike all documents electronically filed, and unsigned by
"filing attorney Reagan Kathleen Russell", "Florida Bar No. 0024042", department of
environmental protection", and plaintiff's "objection", pursuant to Fed. R. Civ. P. 11, 12,
and the CM/ECF administrative procedures Middle District of Florida, and Rule 301,
405, F.R.E., and this Court's local rules by Jorg Busse. (js) (Entered: 10/09/2007)
10/10/2007 194 NOTICE of notification of The Florida Bar of Attorney Jack N. Peterson's continual
fraudulent misrepresentation of fictitious Lot "A" & Block "1", which never existed on
the official Cayo Costa plat map, Lee County Official Publication 3/25, and of
Peterson's (Florida Bar #0832774) corrupt & fraudulent character by Jorg Busse
(Attachments: # 1 Exhibit)(kma) (Entered: 10/10/2007)
10/11/2007 195 MOTION for Preliminary Hearing before trial pursuant to Fed.R.Civ.P. 12(d) by Jorg
Busse. (slu) (Entered: 10/11/2007)
10/11/2007 196 FACTUAL support re 195 Motion for Hearing filed by Jorg Busse. (slu) (Entered:
10/11/2007)
10/11/2007 197 MOTION to adjudge Attorney Jack N. Peterson guilty of contempt pursuant to
Fed.R.Civ.P. 12(g) by Jorg Busse. (slu) (Entered: 10/11/2007)
10/12/2007 198 MOTION for issuance of court order 'specifying the facts without substantial
controversy', and in particular, the 'fiction of Lot A and Block 1', which never existed on
the Cayo Costa subdivision plat map, pursuant to Fed.R.Civ.P. 56(d) by Jorg Busse.
(slu) Motions referred to Magistrate Judge Sheri Polster Chappell. (Entered:
10/12/2007)
10/15/2007 199 EVIDENCE of boundary survey for examination by this court at hearing of motion
pursuant to Fed. R. Civ. P 56 and 56(b), specifying the fact that the Gulf of Mexico was
the natural boundary of plaintiff's Lot 15A "without any controversy" by Jorg Busse
10/16/2007 200 MOTION to strike document #177, and to adjudge defendants & Attorney H.G.
Vielhauer guilty of contempt, pursuant ot Rule 56 (g), 11, 12 and as evidenced by
"fraud", to be presented at the time fixed for the hearing of motion with particularity
pursuant to Fed. R. Civ. P. 56, 56 (d) & 9 by Jorg Busse. (Attachments: # 1 Exihibit #
2) Exhibit(kma) (Entered: 10/17/2007)
10/16/2007 201 MOTION to strike documents # 179 & 180, and to adjudge defendants & Attorney
Jack N. Peterson guilty of contempt, pursuant to Rule 56 (g), 11, & 12, and as
evidenced by survey, to be presented at the time fixed for the hearing of motion pursuant
to Fed. R. Civ. P. 56 & 56 (d), specifying the fact that defendants encroached on
plaintiff's land in order to illegally operate the Cayo Costs State Park by Jorg Busse.
10/18/2007 202 ORDER denying 147 the Plaintiff George Busse's Supplemental Request to Produce to
Defendants State of Florida Pursuant to Fed. R. Civ.P. 34, and 26, and 37, and
Plaintiff(s)' Motion for leave of Court. Signed by Judge Sheri Polster Chappell on
10/18/2007. (lmh, ) (Entered: 10/18/2007)
10/18/2007 203 ORDER denying 149 the Plaintiff Jorg Busses Motion for Order Compelling Disclosure
& Discovery Against Defendants Lee County, Its Commissioners & Attorney(s)
Pursuant to Fed. R. Civ. P. 37(a) & (b) and the Plaintiff(s) Motion for Attorneys Fees
and Expenses Pursuant to Fed. R. Civ. P. 31(a)(4)(A). Signed by Judge Sheri Polster
10/19/2007 204 MOTION to adjudge defendant Appraiser & his Attorney Sherri L. Johnson guilty of
contempt, MOTION to strike 178 and 189 pursuant to Rule 56(g), 56, 9, 11, & 12
and as evidenced by the "fraud" of "Lot A" and "Block 1" by Jorg Busse. (Attachments:
# 1 Exhibit # 2 Exhibit)(slu) (Entered: 10/19/2007)
10/19/2007 205 PLAINTIFF(S)' exhibit of "The Florida Bar Complaints against Attorneys Peterson,
Johnson, and Vielhauer" by Jorge Busse. (slu) Additional attachment(s) added on
10/22/2007 (slu, ). (Entered: 10/22/2007)
10/19/2007 206 PLAINTIFF(S)' exhibit of "affidavit" by Jorge Busse. (slu) (Entered: 10/22/2007)
10/19/2007 207 PLAINTIFF(S)' exhibit of "motion for consolidation" in the Circuit Court of the 20th
Judicial Circuit in and for Lee County, Florida Case No. 2:06-CA-003185 by Jorge
Busse. (slu) (Entered: 10/22/2007)
10/22/2007 208 NOTICE of Hearing on Motion 148 Defendant Property Appraiser's Objection to
Magistrate Judge's Order Denying Motion for Rule 11 Sanctions. Motion Hearing set
for 11/7/2007 at 09:30 AM in Courtroom 6 B before Magistrate Judge Sheri Polster
Chappell. (LAG, ) (Entered: 10/22/2007)
10/22/2007 209 ORDER granting 148 the Defendant Property Appraiser's Objection to Magistrate
Judge's Order Denying Motion for Rule 11 Sanctions. A hearing will be held on the
Defendant Property Appraisers Motion for Rule 11(c) Sanctions on Wednesday,
November 7, 2007, at 9:30a.m. before the undersigned at the United States Courthouse
and Federal Building, 2110 First Street, Courtroom 6B, Fort Myers, Florida. Signed by
Judge Sheri Polster Chappell on 10/22/2007. (lmh, ) (Entered: 10/22/2007)
10/23/2007 210 RESPONSE in opposition re 193 MOTION to strike and re [Docs. 191, 187, and
185] filed by State of Florida Board of Trustees of the Internal Improvement Trust
Fund, State of Florida Department of Environmental Protection. (Russell, Reagan)
(Entered: 10/23/2007)
10/23/2007 211 MOTION to Appear Telephonically for Hearing November 7, 2007 by State of
Department of Environmental Protection. (Russell, Reagan) Motions referred to
Magistrate Judge Sheri Polster Chappell. (Entered: 10/23/2007)
10/23/2007 212 MOTION for sanctions by Board of Lee County Commissioners. (Attachments: #
1)(Peterson, Jack) (Entered: 10/23/2007)
10/24/2007 213 CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Judge Sheri
Polster Chappell on 10/24/2007. (LAG, ) (Entered: 10/24/2007)
10/29/2007 214 RESPONSE in opposition re 204 MOTION to adjudge defendant Appraiser & his
Attorney Sherri L. Johnson guilty of contempt MOTION to strike filed by The Lee
County Property Appraiser. (Johnson, Sherri) (Entered: 10/29/2007)
10/30/2007 215 MOTION to extend time to Serve Mandatory Initial Disclosures by The Lee County
10/30/2007 216 First MOTION to extend time to mandatory initial disclosures by State of Florida Board
of Trustees of the Internal Improvement Trust Fund, State of Florida Department of
Environmental Protection. (Funchess, Linda) (Entered: 10/30/2007)
10/31/2007 218 "Just, Speedy, & Inexpensive Determination" of Defendant Appraiser's position as
"Impossible", to "Discourage wasteful pretrial activities", pursuant to F.R.C.P. 1, 56, &
this court's order, Doc. #213. (js) (Entered: 11/03/2007)
10/31/2007 219 PLAINTIFF'S partial disclosure of expert report(s) by measurement science
corporation for "Just, Speedy, & Inexpensive determination of the action" & to
discourage wasteful pretrial activities" pursuant to F.R.C.P. 26, 56, & 1 filed by Jorg
11/01/2007 220 PLAINTIFF'S NOTICE of defendant's failure to disclose, false and misleading
disclosure, and refusal to admit, and MOTION for sanctions pursuant to Fed.R.Civ. P.
37, 26,56, &1 by Jorg Busse. (js) (Entered: 11/03/2007)
11/01/2007 221 PLAINTIFF'S NOTICE of false and misleading disclosure, and refusal to admit, by
defendants State of Florida & their advising attorneys, and MOTION for sanctions
pursuant to Fed. R. Civ. P. 37, 26, 56 & 1 by Jorg Busse. (js) Additional attachment(s)
(exhibit A & B attached to document)added on 11/3/2007 (js, ). (Entered: 11/03/2007)
11/01/2007 222 NOTICE of unavailability by Jorg Busse. (Attachments: # 1 Exhibit A# 2 Exhibit B)(js)
(Entered: 11/03/2007)
11/02/2007 217 ORDER granting 211 the Defendants', Board of Trustee and Department of
Environmental Protection, Request for Leave of Court to Appear by Telephone. Signed
by Judge Sheri Polster Chappell on 11/2/2007. (lmh, ) (Entered: 11/02/2007)
11/02/2007 223 PLAINTIFF'S NOTICE of false and misleading disclosure(s) and refusal to admit, by
defendants Lee County, Florida, Lee County Attorney, and Lee County
Commissioners, and MOTION for sanctions pursuant to Fed. R. civ. P. 37, 26, 56, &
1 by Jorg Busse. (js) (Entered: 11/03/2007)
11/02/2007 224 PLAINTIFF'S MOTION for extension of deadline for "disclosure of expert reports"
until after defendants' mandatory initial & other ordered disclosures & discovery,
correction of defendants' false and misleading disclosures, and defendants' cooperation
in discovery, pursuant to Fed. R. Civ. P. 37, 26, 56, & 1, and Doc. #213 by Jorg
11/02/2007 225 PLAINTIFF'S supplemental disclosure(s) of the identity of persons used at May 5,
2008 trial to present evidence pursuant to Fed. R. Evidence 702, 703, & 705, and of
pending expert reports filed by Jorg Busse. (js) (Entered: 11/03/2007)
11/05/2007 226 MOTION to compel compliance with this Court's Order by Jorg Busse. (Attachments:
# 1 Exhibit)(slu) Motions referred to Magistrate Judge Sheri Polster Chappell. (Entered:
11/05/2007)
11/05/2007 227 NOTICE of unavailability by Jorg Busse from 11/7/07 to 11/7/07. (slu) (Entered:
11/05/2007)
11/05/2007 228 THIRD NOTICE of unavailability by Jorg Busse from 11/7/07 to 11/7/07 & NOTICE
of conference with Defendant Property Appraiser's advising Attorney. (Attachments: # 1
Exhibit)(slu) (Entered: 11/05/2007)
11/05/2007 229 MOTION to stay discovery pending resolution of dispositive motions by State of
Department of Environmental Protection. (Russell, Reagan) Motions referred to
11/05/2007 230 NOTICE of proof of the documents relating to Lee County Lands and maintained in the
Office of County Lands at the next hearing, originally scheduled for 11/7/07 but now
being re-scheduled due to plaintiff's unavailability. STIPULATION that Lee County
could have never legally owned Lot A and Block 1 pursuant to Fed.R. Evidence 901,
1003, 1004, 1005 by Jorg Busse (Attachments: # 1 Exhibit)(slu) (Entered: 11/05/2007)
11/05/2007 231 FOURTH NOTICE of unavailability by Jorg Busse from 11/7/07 to 11/7/07 &
NOTICE of conference with Defendant Property Appraiser's advising Attorney S.L.
Johnson on October 26, 2007. (Attachments: # 1 Exhibit)(slu) (Entered: 11/05/2007)
11/05/2007 232 SUPPLEMENTAL disclosure(s) of the identity of persons used at 5/5/08 trial to
present evidence pursuant to Fed.R. Evidence 702, 703, & 705, and of previously filed
expert reports: Brigham Moore, LLP Eminent Domain & Property Rights Lawyers by
Jorg Busse. (Attachments: # 1 Exhibit)(slu) (Entered: 11/05/2007)
11/05/2007 234 PLAINTIFF'S "NOTICE" of Proof of the "Documents relating to Lee County Lands",
and "Maintained in the office of County Lands", at the next hearing, originally scheduled
for November 7, 2007, but now being re-scheduled, due to plaintiff's unavailability. by
Jorg Busse (Attachments: # 1)(js) (Entered: 11/06/2007)
11/05/2007 235 NOTICE of unavailability; alternative days by Jorg Busse from 11/7/07 to 11/7/07. (js)
(Entered: 11/06/2007)
11/06/2007 233 ORDER directing the Plaintiff to appear in person at the hearing scheduled before the
undersigned at the Federal Courthouse, Fort Myers, Florida, Courtroom 6B, at
9:30a.m. The Plaintiff is to come prepared to argue the Defendant Lee County Property
Appraiser's Motion for Rule 11(c) sanctions and to participate in a meaningful manner in
any further discussions regarding the status of the case. Failure to appear will result in the
Court hearing the motion for sanctions against the Plaintiff without benefit of his response
as well as the possibility of the Court imposing sanctions for Contempt of Court for
failing to abide by a court order. The Clerk is directed to contact the Plaintiff and advise
him of the imposition of this Order. Signed by Judge Sheri Polster Chappell on
11/6/2007. (lmh, ) (Entered: 11/06/2007)
11/06/2007 236 PLAINTIFF'S Exhibits regarding: Florida Bar Investigations, selection of mediator,
delivery of written summary to mediator, including Defendants' "conspiratorial" "fraud" of
"Lot A", and concise statements of no genuine issues for trial, pursuant to this Court's
10/24/2007 order, and Ch. 9 & 1, Local Rules, & F.R.C.P. 1,16, 56; Stipulation(s)
that Lee County could have never legally owned "fraudulent" & "fictitious" "Lot A" &
"Block 1", pursuant to Fed. R. evidence 901, 1003, 1004, 1005 by Jorg Busse
(Attachments: # 1 Exhibit Florida Bar Investigations- Wilhelm# 2 Exhibit Mediator)(js, )
(Entered: 11/06/2007)
11/06/2007 237 MOTION for Hearing on Plaintiff's Motions for Summary Judgment, pursuant to
Fed.R.Civ. P. 56(c), and the stipulation that Lee County could have never legally owned
"Lot A" and "Block 1", pursuant to Fed. R. Evidence 901, 1003, 1004, 1005.
NOTICE of no genuine issues for trial because "Lot A" never legally existed by Jorg
Busse. (Attachments: # 1 Exhibit)(js) (Entered: 11/06/2007)
11/06/2007 238 PLAINTIFf'S NOTICE of delivery of written summary to mediator, to include
defendants' "conspiratorial" "fraud" of "Lot A", and concise statements of no genuine
issues for trial, pursuant to Ch. 9 & 1, Local Rules, & F.R.C. P. 1, 16, 56. Stipulation
that Lee County could have never legally owned "fraudulent" & "fictitious" "Lot A" &
"Block 1", pursuant to Fed. R. evidence 901, 1003, 1004, 1005 by Jorg Busse.
11/07/2007 239 MINUTE ENTRY for proceedings held before Judge Sheri Polster Chappell : Motion
Hearing held on 11/7/2007 re 97 MOTION for sanctions Pursuant to Rule 11 filed by
The Lee County Property Appraiser. Court heard from the parties and will take the
matter under advisement. A report and recommendation will be entered. Court
Reporter: Martina Reporting Services - Patsy Coleman (LAG, ) (Entered: 11/07/2007)
11/07/2007 240 ORDER for transcript re 239 Motion Hearing, Signed by Judge Sheri Polster Chappell
on 11/7/2007. (LAG, ) (Entered: 11/07/2007)
11/07/2007 241 CERTIFICATE of compliance by State of Florida Board of Trustees of the Internal
(Russell, Reagan) (Entered: 11/07/2007)
11/07/2007 243 SUPPLEMENTAL Disclosure(s) of the identity of Karen Forsyth, a person used at
May 5, 2008 trial to present evidence pursuant to FEd. R. Evidence 702, 703, & 705,
and of Forsyth's expert report(s): Karen Forsyth, Director, Division of Lee County
Lands; Forsyth expert reports: "Land Inventory control file 12-44-20-01-
00000.00AO", and "murdockpointcayocosta.pdf" by Jorg Busse. (JS) (Entered:
11/14/2007)
11/07/2007 244 PLAINTIFF'S FIFTH NOTICE of unavailability on November 7, 2007 & NOTICE of
'Termination' of 11/07/2007 motion hearing as per docket/ ECF Case information filed
by Jorg Busse.(JS) (Entered: 11/14/2007)
11/07/2007 245 PLAINTIFF'S NOTICE of no pending hearings on 11/07/2007, and 'Termination' of
11/07/2007 Motion hearing as per docket/ ECF case information, and sixth NOTICE
of Plaintiff's unavailability on November 7, 2007. MOTION to compel Defendants'
disclosure of all victims of their "conspiratorial" "fraud" of "Lot A", & "Block 1" prior to
any hearing, pursuant to this court's order, the certificate of interested persons, & Fed.
R. Civ. P. filed by Jorg Busse. (JS) Motions referred to Magistrate Judge Sheri Polster
11/07/2007 246 PLAINTIFF'S NOTICE of no pending hearings on 11/07/2007, and 'termination' of
11/7/2007 motion hearing as per docket/ ECF case information, and sixth NOTICE of
Plaintiff's unavailability on November 7, 2007. Plaintiff's MOTION to compel
defendant's disclosure of all victims of their "conspiratorial" "fraud" of "Lot A", & "Block
1" prior to any hearing, pursuant to this Court's order, the certificate of interested
persons & Fed. R. Civ. P. by Jorg Busse. (JS) Motions referred to Magistrate Judge
11/07/2007 247 PLAINTIFF'S FIFTH NOTICE of unavailability on November 7, 2007 & Notice of
'Termination' of 11/07/2007 motion hearing as per docket/ ECF case information filed
by Jorg Busse. (JS) (Entered: 11/14/2007)
11/13/2007 248 MOTION to declare defendant appraiser's "improper" defenses, claims &
representations of Lot A & Block 1 without any evidentiary support pursuant to
F.R.C.P. 11(b) & (c) by Jorg Busse. (JS) (Entered: 11/14/2007)
11/13/2007 249 MOTION to compel defendants to respond to Plaintiff's interrogatories & to disclose
tracking information for undocumented falsley certified shipment(s) by Jorg Busse. (JS)
Motions referred to Magistrate Judge Sheri Polster Chappell. (Entered: 11/14/2007)
11/13/2007 250 MOTION to strike defendant's Motions, because their defenses and claims of Lot A &
Block 1 were insufficient $ scandalous, pursuant to F.R.C.P. 12 (f) by Jorg Busse. (JS)
(Entered: 11/14/2007)
11/13/2007 251 MOTION for disclosure of victims & interested persons pursuant to 04/17 &
10/24/2007 Court orders & F.R.C.P. 11 (b) & (c) by Jorg Busse. (JS) Motions
referred to Magistrate Judge Sheri Polster Chappell. (Entered: 11/14/2007)
11/14/2007 242 REPORT AND RECOMMENDATION re 97 MOTION for sanctions Pursuant to
Rule 11 filed by The Lee County Property Appraiser. It is respectfully recommended
the Defendant Lee County Property Appraiser's Motion for Rule 11 Sanctions should
be GRANTED. Signed by Magistrate Judge Sheri Polster Chappell on 11/14/2007.
(LMH) Modified on 11/14/2007 (LKS). (Entered: 11/14/2007)
11/14/2007 252 AMENDED REPORT AND RECOMMENDATION re 97 MOTION for sanctions
Pursuant to Rule 11 filed by The Lee County Property Appraiser. Signed by
Magistrate Judge Sheri Polster Chappell on 11/14/2007. (LMH) (Entered: 11/14/2007)
11/14/2007 253 MOTION to compel defendants to disclose witnesses & the truth of the fraud of Lot A
& Block 1, pursuant to this Court's 10/24/2007 order for the just, speedy &
inexpensive determination of the action by Jorg Busse. (Attachments: # 1 Exhibit 'AG', #
2 Exhibit 'SJ')(JS) Motions referred to Magistrate Judge Sheri Polster Chappell.
(Entered: 11/14/2007)
11/14/2007 254 TRANSCRIPT of Motion for Rule 11 Sanctions held on 11/7/07 before Judge Sheri
Polster Chappell. Court Reporter: Patsy Lynn Coleman. (JS) (Entered: 11/15/2007)
11/15/2007 256 PLAINTIFF'S RESPONSE to the Florida Bar & Supreme Court in the matter of the
investigation of Sherri Lynn Johnson, RFA 08-7245. (JS) (Entered: 11/17/2007)
11/15/2007 257 PLAINTIFF'S MOTION to compel defendant appraiser to respond to interrogatory #1
& admit the truth of no Lot A by Jorg Busse. (JS) Motions referred to Magistrate Judge
11/16/2007 255 MOTION for protective order by Board of Lee County Commissioners. (Attachments:
# 1 Exhibit A&B)(Peterson, Jack) Motions referred to Magistrate Judge Sheri Polster
Chappell. Modified on 11/19/2007 COUNSEL notified Clerk's office this was filed in
error. Stated it was a duplicate motion in the case and will refile (JS). (Entered:
11/16/2007)
11/19/2007 258 MOTION for protective order from deposition by Board of Lee County
Commissioners. (Attachments: # 1 Exhibit A&B)(Peterson, Jack) Motions referred to
11/19/2007 259 Emergency MOTION for protective order by The Lee County Property Appraiser.
(Attachments: # 1 Exhibit A)(Johnson, Sherri) Motions referred to Magistrate Judge
11/19/2007 262 PLAINTIFF'S Disclosures of expert witnesses pursuant to order: Lawyer(s) of the real
property, probate & trust law section of the American Bar Associatioon by Jorg Busse.
(JS) (Entered: 11/20/2007)
11/20/2007 260 ORDER granting 259 Defendant, Lee County Property Appraiser's Emergency Motion
for Protective Order. The Purported Subpoena Duces Tecum is hereby QUASHED.
Signed by Magistrate Judge Sheri Polster Chappell on 11/20/2007. (LMH) Modified on
11/21/2007 to edit docket text (JS). (Entered: 11/20/2007)
11/20/2007 261 ORDER granting 258 the Defendant, Lee Countys Motion for Protective Order.The
Purported Subpoena Duces Tecum is hereby QUASHED. The Plaintiff is to cease
contacting the employees of the Defendant. The Plaintiff is to cease promulgating the
continual flood of irrelevant, immaterial and unwarranted e-mails to the Defendant and its
employees. Failure to do so will result in sanctions. Signed by Magistrate Judge Sheri
Polster Chappell on 11/20/2007. (LMH) (Entered: 11/20/2007)
11/20/2007 263 PLAINTIFF'S MOTION to compel defendants to discover, respond, & produce as to
that which they insufficiently described as 'all accretions' by Jorg Busse. (JS) Motions
referred to Magistrate Judge Sheri Polster Chappell. (Entered: 11/21/2007)
11/20/2007 264 PLAINTIFF'S MOTION to compel initial disclosures by Defendant State of Florida
pursuant to F.R.C.P. 26 (a) (1) by Jorg Busse. (JS) Motions referred to Magistrate
11/20/2007 265 PLAINTIFF'S MOTION to compel defendants Lee County to make initial disclosures
pursuant to F.R.C.P. 26 (a)(1) by Jorg Busse. (JS) Motions referred to Magistrate
11/21/2007 266 MOTION to compel access to public records evidencing the land grab of Lot A, Block
1, & all Cay Costa accretions, MOTION for sanctions against defendant appraiser for
improper representations of Lee County ownership of Lot A, Block 1, & all Cayo
Costa accretions pursuant to Florida Statutes, Constitution, & F.R.C.P. 11, 56, 1 by
Jorg Busse. (Attachments: # 1 Exhibit)(kma) Motions referred to Magistrate Judge Sheri
Polster Chappell. (Entered: 11/23/2007)
11/26/2007 267 ORDER denying 103 Motion for summary judgment; denying as moot 106 Motion to
Dismiss for Lack of Jurisdiction; denying 108 Motion for summary judgment; denying as
moot 111 Motion to strike ; denying as moot 112 Motion to strike ; denying as moot
128 Motion to strike ; denying as moot 129 Motion to strike ; denying as moot 129
Motion ; denying as moot 131 Motion to strike ; denying as moot 133 Motion ; denying
135 Motion for summary judgment; denying as moot 143 Motion to strike ; denying 143
Motion for sanctions; denying 145 Motion for sanctions; denying as moot 145 Motion
to strike ; denying 146 Motion for attorney fees; denying 151 Motion for sanctions;
denying as moot 151 Motion to strike ; denying 153 Motion for summary judgment;
denying 155 Motion for attorney fees; denying 155 Motion for summary judgment;
denying 157 Motion for sanctions; denying 159 Motion for sanctions; denying 164
Motion for Declaratory Judgment; denying 166 Motion for Declaratory Judgment;
denying 172 Motion for summary judgment; denying 174 Motion for judgment; denying
175 Motion for Declaratory Judgment; denying 176 Motion for Declaratory Judgment;
denying 181 Motion ; denying 181 Motion for sanctions; denying 184 Motion to strike ;
denying as moot 188 Motion for Hearing; denying as moot 193 Motion to strike ;
denying as moot 195 Motion for Hearing; denying 197 Motion ; denying as moot 200
Motion to strike ; denying as moot 201 Motion to strike ; denying as moot 204 Motion
to strike ; denying 220 Motion for sanctions; denying 221 Motion for sanctions; denying
223 Motion for sanctions; denying as moot 237 Motion for Hearing; denying 248
Motion ; denying as moot 250 Motion to strike ; denying 266 Motion for sanctions.
Plaintiff may file a Third Amended Complaint within TWENTY (20) DAYS of the date
of this Order in compliance with the instructions in this Order. If no Third Amended
Complaint is filed, the Court will close the case. Signed by Judge John E. Steele on
11/26/2007. (AFR) (Entered: 11/26/2007)
11/26/2007 268 ORDER denying as moot 186 Motion for entry of default; denying as moot 215 Motion
to extend time; denying as moot 216 Motion to extend time; denying as moot 226
Motion to compel; denying as moot 229 Motion to stay discovery; denying as moot 245
Motion to compel; denying as moot 246 Motion to compel; denying as moot 249
Motion to compel; denying as moot 251 Motion for disclosure; denying as moot 253
Motion to compel; denying as moot 255 Motion for protective order; denying as moot
257 Motion to compel; denying as moot 263 Motion to compel; denying as moot 264
Motion to compel; denying as moot 265 Motion to compel; denying as moot 266
Motion to compel. Signed by Magistrate Judge Sheri Polster Chappell on 11/26/2007.
(LMH) (Entered: 11/26/2007)
11/26/2007 270 MOTION for sanctions against Defendant Appraiser pursuant to F.R.C.P. 11, 1, 12,
56, and Constitutional Amendments I, V, XIV by Jorg Busse. (Attachments: # 1 )(JS)
(Entered: 11/28/2007)
11/26/2007 271 PLAINTIFF'S NOTICE of impossibility of title to any or all of Lot 15A in Lee County
& MOTION for sanctions for frivolous court representations by defendant Appraiser
pursuant to Constitutional Amendments I, V, XIV, and F.R.C.P. 1, 56, 11, 12 by Jorg
Busse. (JS) (Entered: 11/28/2007)
11/27/2007 269 ORDER denying as moot 124 Motion to dismiss; denying as moot 130 Motion ;
denying as moot 177 Motion to strike ; denying as moot 182 Motion for order to show
cause; denying as moot 198 motion for issuance; denying 204 Motion. Signed by Judge
John E. Steele on 11/27/2007. (AFR) (Entered: 11/27/2007)
11/28/2007 272 NOTICE of Grievances pursuant to Local Rule 2.04: The Florida Bar file 2008-10,
560(20A); Investigation of Lawyer Jack Neil Peterson. Violations of duties of diligence,
coompetence, & candor: Rules 1.2, 1.3, 1.4/ DR6- 101(A) (3); 1.1 DR6-101(A) (1) &
(2); 8.4 (c)/ DR1-102(A) (4) & DR7-101 (A)(3) by Jorg Busse (Attachments: # 1
Exhibit)(JS) (Entered: 11/28/2007)
11/29/2007 273 ORDER denying as moot 140 Motion ; denying as moot 146 Motion ; denying as moot
183 Motion ; denying as moot 224 Motion to extend time. Signed by Magistrate Judge
Sheri Polster Chappell on 11/29/2007. (LMH) (Entered: 11/29/2007)
11/29/2007 275 PLAINTIFF'S REBUTTAL before the Florida Bar/Supreme Court: Florida Bar File
2008-10, 560 (20A); Investigation of Lawyer Jack N. Peterson & Plaintiff's NOTICE
of grievances pursuant to Local Rule 2.04 by Jorg Busse (Attachments: # 1 # 2)(JS)
(Entered: 12/01/2007)
11/30/2007 274 ORDER denying 270 plaintiff's Motion for Sanctions; denying 271 plaintiff's Motion for
sanctions. Signed by Judge John E. Steele on 11/30/2007. (AFR) (Entered:
11/30/2007)
12/03/2007 276 AFFIDAVIT of Jorg Busse, MD, MM, MBA, MHRM that Defendant Lee County
never had home rule powers in undedicated Cayo Costa by Jorg Busse. (Attachments: #
1 Exhibit, # 2 Exhibit)(kma) (Entered: 12/05/2007)
12/03/2007 277 AFFIDAVIT of Jorg Busse, MD, MM, MBA, MHRM by Jorg Busse. (kma) (Entered:
12/05/2007)
12/04/2007 278 NOTICE of complaint with the Florida Commission on Ethics against defendant Lee
County Property Appraiser, and Notice of no Lee County home rule powers in
undedicated Cayo Costa & no powers to employ counsel, and Notice of
unconstitutional resolution, or 569/875, and takings by Jorg Busse (Attachments: # 1
Exhibit, # 2 Exhibit)(kma) (Entered: 12/05/2007)
12/07/2007 279 PLAINTIFF'S NOTICE of complaint against defendant Lee County Assistant Attorney
Jack Neil Peterson with the Florida Commission on Ethics filed by Jorg Busse. (JS)
(Entered: 12/10/2007)
12/11/2007 280 OPINION AND ORDER adopting 252 Amended Report and Recommendations and
granting defendant's 97 Motion for Rule 11 Sanctions as set forth in the Opinion and
Order. See Opinion and Order for details. Signed by Judge John E. Steele on
12/11/2007. (RKM) (Entered: 12/11/2007)
12/11/2007 281 ORDER denying 212 Motion for Sanctions. Signed by Judge John E. Steele on
12/11/2007. (AFR) (Entered: 12/11/2007)
12/14/2007 282 THIRD AMENDED COMPLAINT against State of Florida Department of
Environmental Protection, and Division of Recreation and Parks, Lee County, Florida,
Kenneth M. Wilkinson, Lee County Attorney, Board of Lee County Commissioners,
The Lee County Property Appraiser, State of Florida, Board of Trustees of the Internal
Improvement Trust Fund filed by Jorg Busse. Related document: 102 Second Amended
complaint, filed by Jorg Busse. (Attachments: # 1 Exhibit A & B)(JS)DOCUMENT
STRICKEN pursuant to order DOC. 284 Modified on 12/21/2007 (JS). (Entered:
12/14/2007)
12/18/2007 283 MOTION to strike 282 Amended complaint, by Board of Lee County Commissioners.
12/20/2007 284 ORDER granting in part and denying in part 283 Motion to strike. The Defendants Lee
County Florida et. al.s, Motion to Strike (Doc. # 283) is GRANTED. The Clerk of the
Court shall STRIKE the Plaintiffs Third Amended Complaint from the Record. The
Defendants Lee County Florida et. al.s, Motion to Close the Case (Doc. # 283) is
DENIED without prejudice. Signed by Magistrate Judge Sheri Polster Chappell on
12/20/2007. (LAG) (Entered: 12/20/2007)
12/26/2007 285 MOTION to dismiss Case and Close File by The Lee County Property Appraiser.
01/11/2008 286 PLAINTIFF'S MOTION for permission to file his ordered third amended complaint
and permission from the assigned United States Magistrate Judge after review for
frivolity by Jorg Busse. (JS) (Entered: 01/11/2008)
01/11/2008 287 ORDER granting 286 Motion for leave to file Third Amended Complaint. The Clerk is
directed to file the Plaintiff's Third Amended Complaint attached to this order.. Signed
by Magistrate Judge Sheri Polster Chappell on 1/11/2008. (Attachments: # 1Third
Amended Complaint) (JS) (Entered: 01/11/2008)
01/11/2008 288 THIRD AMENDED COMPLAINT against Jack N. Peterson, State of Florida
Department of Environmental Protection, and Division of Recreation and Parks, Lee
County, Florida, Kenneth M. Wilkinson, Lee County Attorney, Board of Lee County
Commissioners, The Lee County Property Appraiser, State of Florida, Board of
Trustees of the Internal Improvement Trust Fund filed by Jorg Busse. Related document:
102 Amended complaint,, filed by Jorg Busse.(JS) (Entered: 01/11/2008)
01/11/2008 289 ORDER that the Plaintiff is GRANTED leave to file his Response to Document 280 and
permission to file after review received on December 31, 2007, which the Court
construes as a Motion for Clarification as to the District Court's Order (Doc. #280).
The Clerk is directed to file that attached document as a Motion for Clarification. Signed
by Magistrate Judge Sheri Polster Chappell on 1/11/2008. (Attachments: # 1 Plaintiff's
Response to Document #280 and permission to file after reveiew)(JS) (Entered:
01/11/2008)
01/11/2008 290 MOTION for clarification re 280 Order on report and recommendations by Jorg Busse.
(JS) (Entered: 01/11/2008)
01/14/2008 292 ORDER that the Plaintiff Jorge Busse's Notice of Motion for Summary Judgment on
Liability for 42U.S.C. 1983 Deprivations, Trespass, Takings and Permission to file after
review shall not be filed with the Court. The Plaintiff Jorg Busse's Two (2) Copies of his
Motion for Summary Judgment on Liability for 42 U.S.C. 1983 Deprivations shall not
be filed with the Court. The Plaintiff Jorg Busse's Notice of Violations of Rule of
Discipline 4.8.4(g) by Counsel H.G. Vielhauer shall not be filed with the Court. The
Plaintiff's duplicative copies of his Third Amended Complaint. The Clerk is hereby
directed to return all of the above listed documents to the Plaintiff. See order for details.
Signed by Magistrate Judge Sheri Polster Chappell on 1/14/08. (JS) (Entered:
01/15/2008)
01/14/2008 293 ORDER that the Clerk of Court is hereby directed to file with the Court: (1) The Plaintiff
Jorge Busse's Notice of Review of Third Amended Complaint by Donald E. Puchalski,
Esq. and Motion for Permission to file his Ordered Third Amended Complaint (2) The
Plaintiff Jorge Busse's Notice of Review of Third Amended Complaint by Pacific Legal
Foundation and Motion for Permission to File his ordered Third Amended Complaint.
01/15/2008)
01/14/2008 294 NOTICE of review of third amended complaint by Donald E. Puchalski, Esq., and
motion for permission to file his ordered third amended complaint and permission from
the assigned United States Magistrate Judge after review for frivolty by Jorg Busse
(Received 12/26/07) (JS) (Entered: 01/15/2008)
01/14/2008 295 NOTICE of review of third amended complaint by Pacific Legal Foundation and
Motion for permission to file his ordered third amended complaint and permission from
the assigned United States Magistrate Judge after review for frivolty by Jorg Busse
(Received on 12/26/07) (JS) (Entered: 01/15/2008)
01/14/2008 296 ORDER that Plaintiff Jorg Busse's Motion to Strike Defendant County's Motion to
Strike (Doc. #283) pursuant to Fed. R. Civ. P. 12 and 11 and for permission to File his
submitted pleadings from the Court is GRANTED. The Clerk of Court is hereby
directed to file the Motion with the Court. Signed by Magistrate Judge Sheri Polster
Chappell on 1/14/08. (JS) (Entered: 01/15/2008)
01/14/2008 297 MOTION to strike Defendant County's motion to Strike (Doc. #283) pursuant to
F.R.C.P. 12 and 11, and for permission to file his submitted pleadings from the Court
and assigned United States Magistrate Judge after review by Jorg Busse. (Received
12/26/07) (JS) (Entered: 01/15/2008)
01/14/2008 298 ORDER that the Plaintiff Jorg Busse's Request for Leave to File with the Court his
Notice of Motion and Motion for a Preliminary Injunction received on December 31,
2007, and the Plaintiff, Jorge Busse's Motion for Preliminary Injunction received on
December 31, 2007, is DENIED. The Clerk is directed to return the documents to the
Plaintiff. Signed by Magistrate Judge Sheri Polster Chappell on 1/14/08. (JS) (Entered:
01/15/2008)
01/14/2008 299 ORDER that the Clerk shall file with the Court the Plaintiff Jorg Busse's Specific
Objections to the Honorable Magistrate Judge's Order to Strike Plaintiff's Third
Amended Complaint from the record (Doc. #284) and Motion for Leave of the Court
to file his pleadings so that Plaintiff will not be cut off from Judicial Access. Signed by
Magistrate Judge Sheri Polster Chappell on 1/14/08. (JS) (Entered: 01/15/2008)
01/14/2008 300 PlAINTIFF'S specific objections to Hon. Magistrate Judge's order to strike Plaintiff's
Third Amended Complaint form the record (Doc. #284) and motion for leave of Court
to file his pleadings so that plaintiff will not be cut off from judicial access filed by Jorg
Busse. (Received on 1/2/08) (JS) (Entered: 01/15/2008)
01/14/2008 301 ORDER that the Clerk of Court is hereby directed to file the Plaintiff Jorg Busse's
Motion to Strike the Defendant Appraiser's Motion to Dismiss and Close File (Doc.
#285) pursuant to F.R.C.P. 12 and 11, to Order the Void Defense and Claim of or
569/875 Stricken, and for permission to file his submitted pleadings from the Court.
01/15/2008)
01/14/2008 302 MOTION to strike 285 MOTION to dismiss Case and Close File pursuant to
F.R.C.P. 12 and 11, to order the void defense and claim of or 569/875 stricken, and
for permission to file his submitted pleadings from the Court and assigned United States
Magistrate Judge after review by Jorg Busse. (Received on 1/4/08) (JS) (Entered:
01/15/2008)
01/15/2008 291 Joint MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Cause
of Action by State of Florida Department of Environmental Protection, and Division of
Recreation and Parks, State of Florida, Board of Trustees of the Internal Improvement
Trust Fund. (Russell, Reagan) (Entered: 01/15/2008)
01/22/2008 303 MOTION to Dismiss for Lack of Jurisdiction by The Lee County Property Appraiser.
01/24/2008 304 MOTION to dismiss Third Amended Complaint by Board of Lee County
Commissioners. (Attachments: # 1 Exhibit A through C)(Peterson, Jack) (Entered:
01/24/2008)
02/12/2008 305 ORDER denying the Plaintiff Jorge Busse Leave to File an Expert Report and Survey
for Defendant State of Floirda by Johnson Engineering, Inc., Civil Engineers and Land
Surveyors, in Support of the Plaintiffs Motion for Summary Judgment and Injunctive
Relief. The Clerk is directed to return the document to the Plaintiff. Signed by Magistrate
Judge Sheri Polster Chappell on 2/12/2008. (LMH) (Entered: 02/12/2008)
02/22/2008 306 ORDER. The Plaintiff Jorg Busses Request for Leave to File the Plaintiffs Notice of
Correspondence with the Florida Bar and Motion for Leave of Court to File After
Review by the Honorable Magistrate Judge submitted on January 28, 2008, is
DENIED. The Plaintiff Jorg Busses Request for Leave of Court to File Jorg Busses
Affidavit that Alleged Lee County or 569/875 was Null and Void Ab Initio and a
Foreclose Claim submitted on January 16, 2008, is DENIED.The Clerk of the Court is
hereby directed to return all copies of the documents to the Plaintiff Jorg Busse. Signed
by Magistrate Judge Sheri Polster Chappell on 2/22/2008. (LMH) (Entered:
02/22/2008)
02/22/2008 307 ORDER denying the Plaintiff Jorg Busses Request for Leave to File an Amended
Complaint in a related State Court action in the Circuit Court of the Twentieth Judicial
District in and for Lee County Florida. Signed by Magistrate Judge Sheri Polster
Chappell on 2/22/2008. (LMH) (Entered: 02/22/2008)
02/22/2008 308 ORDER, The Plaintiff Jorg Busses Request for Leave to File Notice of Plaintiff
Complainants Rebuttal: the Florida Bar/ Supreme Court Complaint against Jack Neil
Peterson is DENIED. The Plaintiff Jorg Busses Request for Leave to File Notice of
Plaintiff Complainants Rebuttal: the Florida Bar/ Supreme Court Complaint against
Harold George Vielhauer is DENIED. The Clerk of the Court is hereby directed to
return the documents to the Plaintiff Jorg Busse. Signed by Magistrate Judge Sheri
02/22/2008 309 ORDER. The Plaintiff Jorg Busses Request for Leave to File the Plaintiffs Notice of
Expert Report and Sealed Survey in Support of His Motion for Summary Judgment and
Preliminary Injunction submitted on February 5, 2008, is DENIED. The Plaintiff Jorg
Busses Request for Leave of Court to File the Plaintiffs Disclosure of Expert Testimony
Under Fed. R. Civ. P. 26(a)(2), 26(e) to Secure Just, Speedy, Inexpensive
Determination of this Action Pursuant to the Hon. Courts Order (Doc. # 213) submitted
on February 15, 2008, is DENIED. The Clerk of the Court is hereby directed to return
all copies of the documents to the Plaintiff Jorg Busse Signed by Magistrate Judge Sheri
02/22/2008 310 ORDER denying the Plaintiff Jorg Busses Request for Leave to File the Plaintiffs
Response to Defendant Lee Countys Intent to Quash Subpoena, Objection. The Clerk
is directed to return the document to the Plaintiff Jorg Busse. Signed by Magistrate
02/22/2008 311 ORDER granting the Plaintiff's request to file 298 291 303 304 . SEE ORDER FOR
DETAILS. Signed by Magistrate Judge Sheri Polster Chappell on 2/22/2008. (LMH)
(Entered: 02/22/2008)
02/22/2008 312 MOTION for protective order from March 5, 2008 Deposition by Board of Lee
County Commissioners. (Attachments: # 1 Exhibit)(Peterson, Jack) Motions referred to
02/22/2008 313 ORDER. The Plaintiff Jorg Busses Request for Leave to File Motion for Summary
Judgment on Liability for 42 U.S.C. § 1983 Deprivations, Trespass, and Takings and
Permission to File After Review and 20 Days [Dispositive] submitted on December 31,
2007, is DENIED. The Plaintiff Jorg Busses Request for Leave of Court to File His
Previously Submitted Motion for Summary Judgment After Review by the Honorable
Magistrate Judge and Plaintiffs Specific Objections to the Judges Orders submitted on
January 28, 2008, is DENIED. The Clerk of the Court is hereby directed to return all
copies of the Summary Judgment documents to the Plaintiff Jorg Busse. Signed by
Magistrate Judge Sheri Polster Chappell on 2/22/2008. (LMH) (Entered: 02/22/2008)
02/22/2008 315 PLAIINTIFF'S SPECIFIC OBJECTIONS to Hon. Magistrate Judge's order denying
Plaintiff's motion for leave to file his notice and motion for a preliminary injunction re
Doc.# 298 and motion for preliminary injunction to preserve status quo and prevent
irreparable injury by Jorg Busse. (Received on 1/22/08; filed pursuant to order Doc.
311 ) (JS) (Entered: 02/26/2008)
02/22/2008 316 PLAINTIFF's MOTION to strike 291 Defendants' Joint MOTION to Dismiss for
Lack of Jurisdiction and for Failure to State a Cause of Action pursuant to F.R.C.P.
12(f) and 11, and for leave of Court to file after review by the Hon. Magistrate Judge by
Jorg Busse. (Received on 1/22/08; filed pursuant to order Doc. 311 ) (JS) (Entered:
02/26/2008)
02/22/2008 317 PLAINTIFF'S OBJECTIONS to and MOTION to strike Def. Appraiser's 303
MOTION to Dismiss for Lack of Jurisdiction and for leave of Court to file after review
by the Hon. Magistrate Judge by Jorg Busse. (Received on 1/28/08; filed pursuant to
order Doc. 311 ) (JS) (Entered: 02/26/2008)
02/22/2008 318 PLAINTIFF'S NOTICE of insufficiency, objections to, and estoppel, and MOTION to
strike 304 MOTION to dismiss Third Amended Complaint pursuant to F.R.C.P. 8, 11,
and 12, and for leave of Court to file after review by the Hon. Magistrate Judge by Jorg
Busse. (Received on 1/28/08; filed pursuant to Court order Doc. 311 ) (JS) (Entered:
02/26/2008)
02/25/2008 314 Emergency MOTION to quash Subpoena by The Lee County Property Appraiser.
(Attachments: # 1 Exhibit A, # 2 Exhibit B)(Johnson, Sherri) (Entered: 02/25/2008)
02/27/2008 319 ORDER granting 314 he Defendant Lee County Property Appraiser's Emergency
Motion to Quash Subpoena. The subpoena served upon the County Appraiser on
February 19, 2008, directing the Lee County Property Appraiser to appear for a
deposition in Fort Myers on Wednesday, February 27, 2008 at 1:00pm is hereby
QUASHED. Signed by Magistrate Judge Sheri Polster Chappell on 2/27/2008. (LMH)
(Entered: 02/27/2008)
02/27/2008 320 ORDER granting in part and denying in part 312 the Defendant Lee County's Motion
for a Protective Order. SEE ORDER FOR DETAILS. Signed by Magistrate Judge
Sheri Polster Chappell on 2/27/2008. (LMH) (Entered: 02/27/2008)
02/29/2008 321 ORDER denying 302 plaintiff's Motion to strike ; denying 316 plaintiff's Motion to strike
; denying 317 plaintiff's Motion to strike ; denying 318 plaintiff's Motion to strike. The
Clerk is directed to correct the docket entries for document numbers 302, 316, 317 and
318 to reflect that they are Responses to document numbers 285, 291, 303, 304
respectively. Signed by Judge John E. Steele on 2/29/2008. (AFR) (Entered:
02/29/2008)
03/05/2008 322 ORDER for William Alfred Keyes, Jr. to comply with the administrative procedures
regarding electronic filing. Signed by Magistrate Judge Sheri Polster Chappell on
3/5/2008. (LAG) Modified on 3/6/2008 (LAG). (Entered: 03/05/2008)
03/06/2008 323 MOTION to quash Subpoena for Deposition and Protective Order by Board of Lee
County Commissioners. (Peterson, Jack) (Entered: 03/06/2008)
03/06/2008 324 Joint MOTION to stay discovery by State of Florida Department of Environmental
Protection, and Division of Recreation and Parks, Lee County, Florida, Board of Lee
County Commissioners, The Lee County Property Appraiser, State of Florida, Board of
Trustees of the Internal Improvement Trust Fund. (Johnson, Sherri) Motions referred to
03/07/2008 325 MOTION to quash Subpoena by The Lee County Property Appraiser. (Attachments: #
1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Johnson, Sherri) (Entered:
03/07/2008)
03/12/2008 326 ORDER granting 324 the Defendants Joint Motion to Stay Discovery. The Discovery in
this case is STAYED pending the resolution of the Defendants' Motions to Dismiss. The
parties will have twenty (20) days after the Court's Ruling on the Motion to Dismiss to
file new proposed dates for the Case Management and Scheduling Order, if necessary,
for discovery and other pending deadlines. Signed by Magistrate Judge Sheri Polster
Chappell on 3/12/2008. (LMH) (Entered: 03/12/2008)
03/12/2008 327 ORDER granting 325 the Defendant Property Appraiser Ken Wilkensons Motion to
Quash Subpoena. The Plaintiff's Subpoena is hereby QUASHED. Signed by Magistrate
03/12/2008 328 ORDER denying 323 the Defendant Lee Countys Motion to Quash Subpoena. Signed
03/12/2008)
03/17/2008 330 MOTION to quash Subpoenas by The Lee County Property Appraiser. (Attachments:
# 1 Exhibit A, # 2 Exhibit B)(Johnson, Sherri) (Entered: 03/17/2008)
03/18/2008 331 ORDER staying the Case Management and Scheduling Order pending a ruling by the
District Court on the Defendants Motions to Dismiss. An Amended Case Management
and Scheduling Order will be issued at a later date. Signed by Magistrate Judge Sheri
03/19/2008 332 ORDER granting 330 the Defendant Property Appraisers Motion to Quash Subpoenas.
Pursuant to Order Doc. # 331, all discovery is hereby stayed and the depositions and
site inspection shall be cancelled. Signed by Magistrate Judge Sheri Polster Chappell on
3/19/2008. (LMH) (Entered: 03/19/2008)
03/25/2008 333 ORDER denying the Plaintiffs Request for Leave to File the Following Motions. a) The
Plaintiff Jorge Busse's Notice of Allegations Sufficient to Demonstrate that the
Honorable Court has Subject Matter Jurisdiction and Cannot Deny Defendants
Motion(s) to Dismiss, and Specific Objections, Memorandum, and Request for Review
by the Honorable District Judge Pursuant to Fed. R. Civ. P. 72(b) submitted on March
20, 2008; (b) The Plaintiff's Notice of Waiver of Sovereign Immunity Under Fla. Stat.
768.28 and Emergency Motion for Review of Erroneous Determinations as to (303,
304, 285, and 291) Defendants Motions to Dismiss and (234) Stay Discovery by the
Honorable Magistrate Judge et. el. Pursuant to Fed. R. Civ. P. 72, 73, 11, 12, and 56
received on March 21, 2008; (c) The Plaintiffs second Emergency Motion the Plaintiffs
Memorandum and Emergency Motion for Review of Erroneous Determinations as to
(303, 304, 285, and 291) Defendants' Motions to Dismiss and (234) Stay Discovery by
the Honorable Magistrate Judge and for Rule 11 Sanctions Against Defendant
Appraiser and County Pursuant to Fed. R. Civ. P. 11, 72, 73, and 12, submitted on
March 24, 2008. (2) The Clerk is hereby directed to return the Plaintiff's documents to
him. (3) The Plaintiff may re-submit his proposed motions to the Court as directed in the
body of this order. (4) The Plaintiff must submit all of his proposed filings on white
paper. Signed by Magistrate Judge Sheri Polster Chappell on 3/25/2008. (LMH)
Modified on 3/28/2008 (LMH). (Entered: 03/25/2008)
04/14/2008 334 ORDER directing the Clerk to file plaintiff's Motion for Recusal of the Hon. Magistrate
Judge received on April 7, 2008. Signed by Judge John E. Steele on 4/14/2008.
(RKM) (Entered: 04/14/2008)
04/14/2008 335 PLAINTIFF'S MOTION for recusal of the Hon. Magistrate Judge and memorandum
by Jorg Busse. (Attachments: # 1 )(JS) (Entered: 04/15/2008)
04/18/2008 336 ORDER denying 335 Motion for Recusal of the Honorable Magistrate Judge. Signed by
Magistrate Judge Sheri Polster Chappell on 4/18/2008. (LAG) (Entered: 04/18/2008)
04/21/2008 337 ORDER cancelling Final Pretrial Conference scheduled for April 28, 2008 before the
undersigned. Signed by Judge John E. Steele on 4/21/2008. (RKM) (Entered:
04/21/2008)
05/05/2008 338 OPINION AND ORDER denying as moot 285 Motion to dismiss; granting 291
Motion to Dismiss for Lack of Jurisdiction; granting 303 Motion to Dismiss for Lack of
Jurisdiction; granting 304 Motion to dismiss. The Third Amended Complaint is
dismissed without prejudice as to all defendants and all claims. The Clerk shall enter
judgment accordingly, terminate all pending motions as moot, and close the case. Signed
by Judge John E. Steele on 5/5/2008. (RKM) (Entered: 05/05/2008)
05/06/2008 339 JUDGMENT Signed by Deputy Clerk on 5/6/2008. (kma) (Entered: 05/06/2008)
05/06/2008 340 NOTICE of unavailability by Jorg Busse from June 1, 2008 through July 31, 2008. (JS)
(Entered: 05/08/2008)
05/06/2008 341 NOTICE OF APPEAL as to 338 Order on motion to dismiss, Order on Motion to
Dismiss/Lack of Jurisdiction by Jorg Busse. Filing fee not paid. (JS) (Entered:
05/08/2008)
05/08/2008 342 ORDER. Upon Review of the Plaintiff Jorg Busses Emergency Objection to the
Honorable Courts Erroneous Opinion and Order (Doc. # 338) and Plaintiffs Appeal the
Motion should be FILED. Upon Review, the Plaintiffs submission of a Notice of
Unavailability from June 1, 2008, through July 31, 2008 should be FILED. The Clerk of
the Court is directed to file the Plaintiff Jorg Busses Emergency Objection to the
Honorable Courts Erroneous Opinion and Order (Doc. # 338) and Plaintiffs Appeal
and the the Plaintiffs submission of a Notice of Unavailability from June 1, 2008, through
July 31, 2008, with the Court. Signed by Magistrate Judge Sheri Polster Chappell on
5/8/2008. (LMH) (Entered: 05/08/2008)
05/21/2008 343 ORDER. Upon review of the Plaintiff Jorg Busses filings (1) Motion for Prejudicial
Judgment and Order (Doc. # 339, 338) which Wrongfully Asserted Execution of Null
and Void Lee County O.R. 569/875 and Memorandum shall be RETURNED to the
Plaintiff Jorg Busse. (2) The Plaintiffs Notice of Filing in Support of His Notice of
Appeal (Doc. # 341) submitted May 13, 2008, Shall be RETURNED to the Plaintiff
Jorg Busse.(3) The Plaintiffs Notice of Filing in Support of His Notice of Appeal (Doc.
# 341) submitted May 13, 2008; and the Plaintiffs Motion for Reversal of Prejudicial
Judgment and Order (Doc. # 339, 338), Because Defendants Defrauded Plaintiff (for
which there is no remedy under Florida law); Motion for Judicial Notice of Defendants
02/22/1999 letter (#31-5) submitted on May 16, 2008, shall be FILED with the Court.
Signed by Magistrate Judge Sheri Polster Chappell on 5/21/2008. (LMH) (Entered:
05/21/2008)
05/21/2008 344 SUPPLEMENT re 341 Notice of appeal by Jorg Busse. (Attachments: # 1 Exhibit)
(Filed pursuant to Court's order entered on 5/21/08)(JS) (Entered: 05/23/2008)
06/02/2008 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 341 Notice of appeal. Eleventh Circuit Transcript information form
forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under
Forms and Publications/General. (kma) (Entered: 06/02/2008)
06/02/2008 345 NOTICE of filing his appeal in the U.S. Court of Appeals for the 11th Circuit by Jorg
Busse (Attachments: # 1 Exhibit)(kma) (Entered: 06/02/2008)
06/02/2008 TRANSMITTAL to USCA forwarding certified copy of 345 notice with updated
docket sheet re 341 Notice of appeal (kma) (Entered: 06/02/2008)
06/16/2008 USCA appeal fees received $ 455 receipt number F011089 re 341 Notice of appeal
filed by Jorg Busse (kma) (Entered: 06/20/2008)
06/20/2008 TRANSMITTAL to USCA forwarding certified copy of docket sheet indicating
payment of appellate fees re 341 Notice of appeal USCA number: 08-13170B. (kma)
(Entered: 06/20/2008)
07/02/2008 346 COURT REPORTER ACKNOWLEDGMENT by Martina Reporting Services re 341
Notice of appeal (kma) (Entered: 07/09/2008)
08/27/2008 347 CERTIFICATE of readiness sent to USCA re: 341 Notice of appeal. ROA consists of:
volume of pleadings: 11 volume of transcripts: 1 USCA number: 08-13170B (kma)
(Entered: 08/27/2008)
08/27/2008 RECORD on appeal sent to USCA re 341 Notice of appeal. Transmittal includes
certified copy of docket sheet, volume of pleadings: 11, volume of transcripts: 1, (kma)
(Entered: 08/27/2008)
09/12/2008 348 MOTION for issuance of order to show cause by State of Florida Department of
Environmental Protection, and Division of Recreation and Parks, State of Florida, Board
of Trustees of the Internal Improvement Trust Fund. (Russell, Reagan) (Entered:
09/12/2008)
09/12/2008 349 MOTION for issuance of For Order to Show Cause by Board of Lee County
Commissioners. (Attachments: # 1 Exhibit "A")(Peterson, Jack) Motions referred to
09/17/2008 350 ORDER granting 348 the Defendant State of Florida Board of Trustees of Internal
Improvement Trust Fund and Floirda Department of Environemental Protection, Motion
for Order to Show Cause Why the Plaintiff Should Not be Held in Contempt of Court;
granting 349 the Defendant Lee County's Motion for an Order to Show Cause. The
Plaintiff Jorge Busse is directed by Monday, September 27, 2008. to file in writing good
cause as to why he should not be held in contempt for violating the Court's Protective
Orders. Signed by Magistrate Judge Sheri Polster Chappell on 9/17/2008. (LMH)
(Entered: 09/17/2008)
09/18/2008 351 PLAINTIFF APPELLANT'S RESPONSE to Defendants' State of Florida, et al.
Motion for order to show cause and EMERGENCY MOTION to strike Court order
[Doc. #130] by Jorg Busse. (Attachments: # 1 Exhibit Appellant's Motion to sanction
appellees state for filing a frivolous motion in the lower Court and to enjoin their illegal
trespass onto appellant's Lot 15A)(JS) (Entered: 09/18/2008)
09/22/2008 352 PLAINTIFF APPELLANT'S EMERGENCY MOTION to strike order by corrupt
Magistrate Judge Polster Chappell as vague and ambiguous by Jorg Busse. (JS)
(Entered: 09/22/2008)
09/22/2008 353 APPELLANT'S EMERGENCY MOTION to strike Order 350 by corrupt Magistrate
Judge Polster Chappell as unintelligent and unsupported by Jorg Busse. (JS) (Entered:
09/22/2008)
09/22/2008 354 PLAINTIFF APPELLANT'S MOTION for recusal of Magistrate Judge Polster
Chappell and Notice of filing of supporting pleadings by Jorg Busse. (Attachments: # 1
)(JS) (Entered: 09/22/2008)
09/22/2008 355 PLAINTIFF APPELLANT'S NOTICE of filing of criminal charges against District
Judge John E. Steele to the Chief Judge of The U.S. District Court, and EMERGENCY
MOTION for recusal of Judge John E. Steele by Jorg Busse. (JS) (Entered:
09/22/2008)
09/22/2008 356 PLAINTIFF APPELLANT'S EMERGENCY MOTION to strike order by corrupt
Magistrate Judge Polster Chappell as vague and ambiguous by Jorg Busse. (JS)
(Entered: 09/22/2008)
09/29/2008 357 ORDER denying 354 the Plaintiff Jorg Busse's Motion for the Recusal of Magistrate
Judge Polster Chappell; denying as moot 356 the Plaintiff Jorg Busse's Emergency
Motion to Strike by Corrupt Magistrate Judge Polster Chappell as Vague and
Ambiguous. The Plaintiff Jorg Busse filed his Response to the Courts Order to Show
Cause 351 therefore, no further action is Required on the Order to Show Cause. The
Plaintiff is hereby directed to cease filing Motions and Notices in this case. All Motions
and Filings will be returned. Future filings in disregard of the Courts Order may result in
sanctions by this or the District CourtSigned by Magistrate Judge Sheri Polster Chappell
on 9/29/2008. (LMH) (Entered: 09/29/2008)
10/01/2008 358 ORDER denying 351 Motion to strike; denying 355 Motion for recusal. The Clerk shall
forward a copy of the 355 Notice of filing of criminal charges to the Chief Judge of the
United States District Court for the Middle District of Florida. Signed by Judge John E.
Steele on 10/1/2008. (RKM) (Entered: 10/01/2008)
10/07/2008 359 ORDER denying as moot 352 the Plaintiff Jorg Busse's Emergency Motion to Strike
Order by Corrupt Magistrate Judge Polster Chappell as Vague and Ambiguous; denying
as moot 353 the Plaintiff Jorg Busse's Emergency Motion to Strike Order (Doc. # 350)
by Corrupt Magistrate Judge Polster Chappell as Unintelligent and Unsupported. Signed
10/07/2008)
05/04/2009 360 NOTICE OF APPEAL from case-fixing/bribery, corruption, conspiracy under false
pretenses of eminent domain fraud-scheme O.R. 569/875 in the U.S. District Court;
Notice of fraud, false pretenses, deliverate deprivations, and concoction that forgery
O.r. 569/875 is a "Legislative Act" by John Edwin Steele and S. Polster-Chappell;
Notice of appeal from crimes by Steele and Polster-Chappell by Jorg Busse. (kma)
(Entered: 05/06/2009)
05/18/2009 361 APPEAL from judicial fraud and corruption under color of scam OR 569/875;
05/09/2009 'Emergency motions for injunctive relief from eminent domain fraud-scheme
O.R. 569/875, judicial corruption...' in support of notice of appeal, from case-
fixing/bribery, corruption, conspiracy under false pretenses of eminent domain fraud-
scheme O.R. 569/875 in the U.S. District Court; Notice of fraud, false pretenses,
deliberate deprivations, and concoction that forgery O.R. 569/875 was a "Legislative
Act" by John Edwin Steele and S. Polster-Chappell; Notice of appeal from crimes by
Steele and Polster-Chappell by Jorg Busse. Filing fee not paid. (kma) (Entered:
05/20/2009)
05/18/2009 362 APPEAL from judicial fraud and corruption under color of scam O.R. 569/875;
'Emergency motion for potective order and notice of sworn statements in State of
Florida v. John Edwin Steele' in support of notice of appeal, from casefixing/bribery,
corruption, conspiracy under false pretenses of eminent domain fraud-scheme O.R.
568/875 in the U.S. District Court; Notice of fraud, false pretenses, deliberate
deprivations, and concoction that forgery O.R. 569/875 was a "Legislative Act" by John
Edwin Steele and S. Polster-Chappell; Notice of appeal from crimes by Steele and
Polster-Chappell by Jorg Busse. Filing fee not paid. (kma) (Entered: 05/20/2009)
'Memorandum regarding obstruction of justice by the Federal Courts pursuant to 18
USC 1503 in support of notice of appeal from case-fixing/bribery, corruption,
conspiracy under false pretenses of eminent domain fraud-scheme O.R. 569/875 in the
U.S. District Court; Notice of fraud, false pretenses, deliberate deprivations, and
concoction that forgery O.R. 569/875 was a "Lesgislative Act" by John Edwin Steele
and S. Polster-Chappell; notice of appeal from crimes by Steele and Polster-Chappell
by Jorg Busse. Filing fee not paid. (kma) (Entered: 05/20/2009)
03/31/2009 complaint of judicial misconduct/disability in support of notice of appeal,
from case-fixing/bribery, corruption, conspiracy under false pretenses of eminent domain
fraud-scheme O.R. 569/875 in the U.S. District Court; Notice of fraud, false pretenses,
deliberate deprivations, and concoction that forgery O.R. 569/875 was a "Legislative
Act" by John Edwin Steele and S. Polster-Chappell; Notice of appeal from crimes by
Steele and Polster-Chappell by Jorg Busse. Filing fee not paid. (kma) (Entered:
05/20/2009)
05/26/2009 TRANSMITTAL to USCA forwarding certified copy of 361 , 362 , 363 and 364 with
updated docket sheet (kma) (Entered: 05/26/2009)
06/15/2009 365 USCA judgment (certified copy) affirming the decision of the District Court as to 341
Notice of appeal filed by Jorg Busse Entered on docket 03/05/09. USCA number: 08-
13170-BB. Issued as Mandate on: 06/11/09 (slp) (Entered: 06/16/2009)
06/24/2009 366 ORDER of USCA that this appeal is dismisses, sua sponte, for lack of jurisdiction as to
360 Notice of appeal filed by Jorg Busse. The demands listed in Busse's notice of
appeal are dismissed as moot. EOD: 06/22/09; USCA number: 09-12372B. (kma)
(Entered: 06/24/2009)
07/07/2009 367 NOTICE OF APPEAL from case-fixing, bribery fraudelently begotten judgment(s) and
rulings, and fraud on the Court under false pretenses that forged "land" "claim"
"O.R.569/875" was a "resolution"; Notices of Appellees' concealment of appellants'
marketable, perfected, unencumbered, and exclusive title to gulf-front land parcel PID
12-44-20-01-00015.015A, PB 3, PG 25, and MOTION to reverse/ correct fraudulent
judgment(s) absent any evidence of any "claim" under 712.02 F.S., and NOTICE of
marketability of appellant(s) [Free and Clear] title and extinction of Appellees' fake
"claim" O.R. 569/875" by Jorg Busse. Filing fee not paid. (Attachments: # 1 Exhibit)(JS)
(Entered: 07/07/2009)
07/07/2009 368 NOTICE OF APPEAL from case-fixing, bribery fraudulently begotten judgment(s) and
rulings, and fraud on the Court under false pretenses that forged "land" "claim" "O.R.
569/875" was a "resolution"; Notice of Appellees' concealment of appellants'
marketable, perfected, unencumbered, and exclusive title to Gulf-Front land parcel PID
12-44-20-01-00015.015A, PB 3, PG 25 by Jorg Busse. Filing fee not paid.
(Attachments: # 1 )(JS) (Entered: 07/07/2009)
07/07/2009 369 NOTICE OF APPEAL from case-fixing, bribery fraudulently begotten judgment(s) and
rulings and fraud on the Court under false pretenses that forged "land" "claim" "O.R.
569-875" was a "resolution"; Notices of appellees' concealment of Appellants'
marketable, perfected, unencumbered, and exclusive title to Gulf-front land parcel PID
12-44-20-01-00015.015A, PB 3 PG 25, and MOTION for reconsideration/reversal
of 06/17/09 order, injunctive relief from forged & false claim O.R. 569/875, and Notice
of fraud on the Court [##09-10752;09-11305-DD] by Jorg Busse. Filing fee not paid.
(Attachments: # 1 Exhibit)(JS) (Entered: 07/07/2009)
08/07/2009 370 NOTICE OF APPEAL by Jorg Busse. Filing fee not paid. (Attachments: # 1
08/12/2009 372 NOTICE OF APPEAL by Jorg Busse. Filing fee not paid. (Attachments: # 1 Exhibit
)(JS) (Entered: 08/14/2009)
to USCA re 370 Notice of appeal. (kma) (Entered: 08/18/2009)
09/14/2009 374 ORDER of USCA (certified copy) dismissing non-consolidated appeals, sua sponte, for
lack of jurisdiction as to 367 Notice of appeal filed by Jorg Busse. EOD: 09/10/09;
USCA number: 09-13517-F. (slp) (Entered: 09/14/2009)
09/17/2009 377 ORDER of USCA (certified copy) dismissing for want of prosecution as to 370 Notice
of appeal filed by Jorg Busse. EOD: 09/15/09; USCA number: 09-14281-F. (slp)
(Entered: 09/21/2009)
(Entered: 09/21/2009)
(Entered: 09/21/2009)
(Entered: 09/21/2009)
10/26/2009 381 MOTION for relief from judgment re 339 Judgment by Jorg Busse. (Attachments: # 1
Exhibit)(SLU) (Entered: 10/26/2009)
10/29/2009 382 MOTION for relief from judgment re 339 Judgment by Jorg Busse. (Attachments: # 1
Exhibit)(SLU) (Entered: 10/29/2009)
10/29/2009 383 MOTION for miscellaneous relief, specifically to enforce Def. J.E. Steele's previous
recusal by Jorg Busse. (Attachments: # 1 Exhibit)(SLU) (Entered: 10/29/2009)
11/02/2009 384 ORDER denying as moot 381 Motion for relief from judgment; denying as moot 382
Motion for relief from judgment; denying as moot 383 Motion to enforce recusal. Signed
by Judge John E. Steele on 11/2/2009. (RKM) (Entered: 11/02/2009)
11/12/2009 385 ORDER of USCA that the motion to alter or amend the judgment is denied as to 373
Notice of appeal filed by Jorg Busse. EOD: 07/28/09; USCA number: 08-13170BB.
(kma) (Entered: 11/23/2009)
11/30/2009 386 MOTION for writ of execution and Incorporated Memorandum of Law by Kenneth
M. Wilkinson, The Lee County Property Appraiser. (Attachments: # 1 Exhibit A, # 2
Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit
G)(Peterson, Jack) Motions referred to Magistrate Judge Sheri Polster Chappell.
(Entered: 11/30/2009)
12/03/2009 388 NOTICE OF APPEAL and fraud on court; Plaintiffs' NOTICE of appeal and
independent action for fraud and fraud on courts by Jorg Busse. Filing fee not paid.
(Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6
Exhibit)(kma) (Entered: 12/08/2009)
12/04/2009 389 EMERGENCY MOTIONS for relief from extrinsic fraud, fraud on courts, and
fraudulent judgment & execution; EMERGENCY MOTION to enjoin fraudeulent
judgments and execution of fraudulent judgments pursuant to independent action(s) for
relief such as Case 9:09-cv-82359-KLR, FLSD; NOTICE of no authority to enforce
fraudulent judgment by Jorg Busse. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, #
4 Exhibit)(kma) (Entered: 12/08/2009)
12/04/2009 390 NOTICE OF APPEAL and fraud on court; NOTICE of appeal and independent
action, 9:09-cv-82359-KLR, FLSD, for relief from extrinsic fraud, fraud on courts, and
fraudelently procured orders/denials, Doc ##384, 11/2/09;385, 11/4/09, and
fraudulently procured motion, Doc.# 386 (11/30/09) under false pretenses of "frivolity"
by Jorg Busse. Filing fee not paid. (kma) (Entered: 12/08/2009)
12/04/2009 391 EMERGENCY MOTIONS for relief from extrinsic fraud, fraud on courts, and
fraudulent judgment & execution; NOTICE of emergency motion to enjoin fraudulent
judgments and execution of fraudulent judgments in independent actions for relief, Case
9:09-cv-82359-KLR, FLSD; NOTICE of no authority to enforce facially fraudulent
judgment; MOTION to enjoin facially fraudulent & unauthorized execution by Jorg
Busse. (Attachments: # 1 Exhibit, # 2 Exhibit)(kma) (Entered: 12/08/2009)
12/07/2009 387 NOTICE of appeal and fraud on court; NOTICE of criminal case fixing, extrinsic fraud,
bribery as proven in "related" case(s) #2:09-cv-791-UA-SPC * 9:09-cv-82359-KLR
by Jorg Busse (Attachments: # 1 Exhibit)(SLU) (Entered: 12/07/2009)
to USCA re 387 Notice of appeal (kma) (Entered: 12/08/2009)
12/08/2009 392 NOTICE OF APPEAL and motions for relief from fraud on court(s) pending; 60(b)
MOTION for relief from governmental corruption and fraud pursuant to de novo record
evidence of gov. crimes & corruption; NOTICE of corruption, criminal case fixing,
extrinsic fraud by named defendant corrupt Judge John E. Steele, who dis-allowed the
plaintiff(s) "to assert" the truth and obstructed justice; ADOPTION by reference of
independent action for relief from extrinsic fraud, fraud on the courts, and public
corruption: Cases ##9:09-cv-82359-KLR; 2:09-cv-00791-UA-SPC; 2:09-cv602-
UA-MAP by Jorg Busse. Filing fee not paid. (kma) (Entered: 12/09/2009)
12/08/2009 393 NOTICE OF APPEAL and motions for relief from fraud on court(s) pending;
CORRUPTION, criminal case fixing & extrinsic fraud notification William E. Kennard,
U.S. Ambassador to the EU by Jorg Busse. Filing fee not paid. (kma) (Entered:
12/09/2009)
12/09/2009 394 MOTION for miscellaneous relief, specifically for relief from on court(s) pending; Public
corruption record evidence in support of 60(b) motion for relief from Governmental
corruption and fraud pursuant to de novo record evidence of Gov. crimes and
corruption; Notice of corruption, criminal case fixing, extrinsic fraud by named defendant
corrupt Judge John E. Steele, who dis-allowed plaintiff(s) "to assert" the truth and
obstructed justice & law; Adoption by reference of independent actions for relief from
extrinsic fraud, fraud on the courts, and public corruption: cases ##9:09-CV-82359-
KLR; 2:09-CV-00791-UA-SPC; 2:09-CV-602-UA-MAP by Jorg Busse.
(Attachments: # 1 Exhibit)(SLU) (Entered: 12/10/2009)
12/09/2009 400 MOTION for miscellaneous relief, specifically for relief from fraud on court(s) pending;
public corruption record evidence in support of 60(b) motion for relief from
Governmental corruption & fraud: transcript evidencing extrinsic governmental fraud;
Deposition of Jack N. Peterson on 02/29/2008; Notice of corruption, criminal case
fixing, extrinsic fraud by named defendant corrupt Judge John E. Steele, who dis-
allowed plaintiff(s) "to assert" the truth and obstructed justice & law by Jorg Busse.
Governmental corruption & fraud: fraudulent concealment of public corruption &
"frivolity" fraud; notice of corruption, criminal case fixing, extrinsic fraud by named
defendant corrupt Judge John E. Steele, who dis-allowed plaintiff(s) "to assert" the truth
and obstructed justice & law by Jorg Busse. (Attachments: # 1 Exhibit)(SLU) (Entered:
12/10/2009)
Governmental corruption & fraud: supportive pleadings evidencing extrinsic judicial
fraud #15; Notice of corruption, criminal case fixing, extrinsic fraud by named defendant
obstructed justice & law by Jorg Busse. (Attachments: # 1 Exhibit)(SLU) (Entered:
12/10/2009)
Public corruption record evidence in support of 60(b) motion for relief from
Governmental corruption & fraud supportive pleadings evidencing extrinsic judicial fraud
#13 unlawfully rejected pleadings & obstruction of justice and law; Notice of corruption,
criminal case fixing, extrinsic fraud by named defendant corrupt Judge John E. Steele,
who dis-allowed plaintiff(s) "to assert" the truth and obstructed justice & law by Jorg
Busse. (Attachments: # 1 Exhibit)(SLU) (Entered: 12/10/2009)
Public corruption record evidence in support of 60(b) motion for relief from
#12 extrinsic fraud of rejection of pleadings & obstruction of law; Notice of corruption,
12/10/2009 397 MOTION for miscellaneous relief, specifically relief from fraud on court(s) pending;
#11 fraudulently rejected pleadings & obstructive of law & justice; notice of corruption,
Governmental corruption & fraud: transcript evidencing extrinsic Governmental fraud
Jack N. Peterson Deposition on 02/29/2008, Part II/II, pp 58-86; Notice of corruption,
public corruption timeline and docket evidence in support of 60(b) motion for relief from
Governmental corruption and fraud pursuant to de novo record evidence of Gov. crimes
& corruption; Notice of corruption, criminal fixing, extrinsic fraud by named defendant
obstructed justice & law; adoption by reference of independent actions for relief from
extrinsic fraud, fraud on the courts, and public corruption: cases ##9:09-CV-82359-
KLR; 2:09-CV-00791-UA-SPC; 2:09-CV-602-UA-MAP by Jorg Busse.
12/10/2009 403 NOTICE of extrinsic fraud on court and governmental corruption; MOTION for
miscellaneous relief, specifically for waiver of any and all appeal fees, which are the
direct and proximate result of facially fraudulent judgments, governmental corruption,
extrinsic fraud, fraud on the courts, extra-judicial fraud, breach of public trust, and
coercion under public policy and/or the rules; F.R.C.P. 60(b) motion for relief from
extrinsic extra-judicial fraud, governmental corruption, perjury, perversion of public
record under false pretenses of "frivolity" of the conclusive proof of the facial criminality,
illegality of fake "claim" "O.R. 569/875"; Notice of perjury by defendants Jack N.
Peterson, Roger Alejo, and facially false and fraudulent pretenses of a "resolution",
which could not have possibly legally existed or transferred any property interest or title
to Lee County, Florida by Jorg Busse. (SLU) (Entered: 12/10/2009)
12/10/2009 404 NOTICE of extrinsic fraud on court and governmental corruption; NOTICE OF
APPEAL as to 385 USCA order from facially fraudulent judgments, 385 as filed on
11/12/2009, governmental corruption, extrinsic fraud, fraud on the courts, extra-judicial
fraud, breach of public trust; F.R.C.P. 60(b) motion for relief from extrinsic extra-
judicial fraud, governmental corruption, perjury, perversion of public record under false
pretenses of "frivolity" of the conclusive proof of the facial criminality, illegality of fake
"claim" "O.R. 569/875"; notice of perjury by defendants Jack N. Peterson, Roger Alejo,
and facially false and fraudulent pretenses of a "resolution", which could not have
possibly legally existed or transferred any property interest or title to Lee County,
Florida by Jorg Busse. Filing fee not paid. (SLU) (Entered: 12/10/2009)
governmental corruption & fraud: 2009 and 2008 aerial photography evidence in
support of public corruption & perversion of public record; notice of corruption, criminal
case fixing, extrinsic fraud by named defendant corrupt Judge John E. Steele, who dis-
governmental corruption & fraud: discontinuous range line and state survey evidence in
governmental corruption & fraud: 2008 aerial photography and survey evidence [subject
parcel] in support of public corruption & perversion of public record; notice of
corruption, criminal case fixing, extrinsic fraud by named defendant corrupt Judge John
E. Steele, who dis-allowed plaintiff(s) "to assert" the truth and obstructed justice & law
by Jorg Busse. (Attachments: # 1 Exhibit)(SLU) (Entered: 12/11/2009)
governmental corruption & fraud: 01/08/2009 transcript of fraudulent proceedings in
allowed plaintiff(s) "to assert" the truth and obtstructed justice & law by Jorg Busse.
governmental corruption & fraud: defendants' response to plaintiff(s)' request for
admissions in support of public corruption & perversion of public record; notice of
corruption, criminal case fixing, extrinsic fraud by named defendant corrupt Judge John
E. Steele, who dis-allowed plaintiff(s) "to assert" the truth and obstructed justice & law
by Jorg Busse. (Attachments: # 1 Exhibit)(SLU) (Entered: 12/11/2009)
governmental corruption & fraud: facially fraudulent governmental appeal, 09-10752-
DD and false pretenses of frivolity to conceal public corruption; notice of corruption,
who dis-allowed plaintiff(s) "to assert" the truth and obstructed jsutice & law by Jorg
governmental corruption & fraud: United States survey evidence in support of public
corruption & perversion of public record; notice of corruption, criminal case fixing,
extrinsic fraud by named defendant corrupt Judge John E. Steele, who dis-allowed
plaintiff(s) "to assert" the truth and obstucted justice & law by Jorg Busse. (Attachments:
# 1 Exhibit)(SLU) (Entered: 12/11/2009)
governmental corruption & fraud supportive pleadings evidencing extrinsic judicial fraud
#2; notice of corruption, criminal case fixing, extrinsic fraud by named defendant corrupt
Judge John E. Steele, who dis-allowed plaintiff(s) "to assert" the truth and obstructed
jsutice & law by Jorg Busse. (Attachments: # 1 Exhibit)(SLU) (Entered: 12/11/2009)
governmental corruption & fraud supportive pleadings evidencing extrinsic judicial fraud
#3; notice of corruption, criminal case fixing, extrinsic fraud by named defendant corrupt
Judge John E. Steele, who dis-allowed plaintiff(s) "to assert" the truth and obstructed
justice & law by Jorg Busse. (Attachments: # 1 Exhibit)(SLU) (Entered: 12/11/2009)
Forms and Publications/General. (slp) (Entered: 12/16/2009)
12/16/2009 414 MOTION for mandatory recusal under 28 U.S.C. 455; motion for mandatory recusal
of defendant corrupt U.S. Judge John Edwin Steele, who concocted a "legislative act"
[O.R. 569/875] and extended the record "Lee County" fraud schemes for bribes; notice
of corruption, criminal case fixing, extrinsic fraud by named defendant corrupt Judge
John E. Steele, who dis-allowed plaintiff(s) "to assert" the truth and obstructed justice &
law; notice of 12/11/09 arrest threats against plaintiff Dr. Busse by Jorg Busse.
12/18/2009 415 MOTION for miscellaneous relief, specifically for waiver of any and all appeal fees,
which are the direct and proximate result of facially fradulent judgments, governmental
corruption, extrinsic fraud, fraud on the courts, extra-judicial fraud, breach of public
trust, and coercion under public policy and the rules of procedure; F.R.C.P. 60(b)
motion for relief from extrinsic eminent domain fraud, govermental corruption, perjury,
perversion of public record under false pretenses of "frivolity" of the conclusive proof of
the facial illegality of fake eminent domain "claim"; notice of de novo perjury by
defendants J.N. Peterson, R. Alejo, and facially false and fraudulent pretenses of a
"resolution", which could not have possibly legally existed or transferred any property
interest or title to Lee County, Florida by Jorg Busse. (SLU) (Entered: 12/18/2009)
12/21/2009 416 MOTION for mandatory recusal under 28 USC 455; Motion for mandatory recusal of
def. corrupt U.s. Magistrate S. Polster Chappell, who concocted a "legislative act" (OR
569/875) and /or extended the record "Lee County" fraud schemes for bribes; Notice of
corruption, criminal case fixing, extrinsic fraud by named defnendants Polster Chappell
and Steele, who dis-allowed plaintiff(s) "to assert" the truth and obstructed justice &
law; Notice of 12/11/2009 arrest threats against plaintiff Dr. Busse by Jorg Busse.
(kma) (Entered: 12/23/2009)
12/21/2009 417 MOTION for mandatory recusal under 28 USC 455; Motion ofr mandatory recusal of
def. corrupt U.S. Magistrate S. Polster Chappell, who concocted a "legislative act" (OR
569/875) and/or extended the record "Lee County" fraud schemes for bribes;Notice of
corruption, criminal case fixing, extrinsic fraud by named defendants Polster Chappell
and Steele, who dis-allowed plaintiff(s) "to assert" the truth and obstructed justice &
law; Notice of 12/11/2009 arrest threats against plaintiff Dr. Busse by Jorg Busse.
(kma) (Entered: 12/23/2009)
of appeal filed by Jorg Busse, 393 Notice of appeal filed by Jorg Busse, 392 Notice of
appeal filed by Jorg Busse, 388 Notice of appeal filed by Jorg Busse. EOD: 1/6/10;
USCA number: 09-16210-F,09-16211-F,09-16212-F, 09-16213-F, 09-16214-F.
(slp) (Entered: 01/14/2010)
01/11/2010 418 MOTION in independent action [Case # 2:09-cv-00791-FtM-CEH-SPC] for
miscellaneous relief, specifically for relief from fraud and judicial corruption in support of
60(b) motion for relief from governmental corruption and fraud pursuant to de novo
record evidence of gov. crimes & corruption by Jorg Busse. (SLU) (Entered:
01/12/2010)
01/11/2010 419 MOTION in independent action [Case # 2:09-CV-00791-FtM-CEH-SPC] for
record evidence of gov. crimes & corruption and NOTICE by Jorg Busse. (SLU)
(Entered: 01/12/2010)
01/11/2010 420 MOTION in independent action [Case # 2:09-CV-791-FtM-CEH-SPC] for
record evidence of gov. crimes & corruption and NOTICE by Jorg Busse. (SLU)
(Entered: 01/12/2010)
01/26/2010 422 ORDER deeming frivolous 387 Notice of Appeal; denying 389 Emergency Motion for
relief; denying 391 Emergency Motion for relief; denying 392 Notice of Appeal and
Motion for relief; denying 393 Motion for relief; denying as moot 394 Motion for relief;
denying 395 Motion for relief; denying as moot 396 Motion for relief; denying as moot
397 Motion for relief; denying as moot 398 Motion for relief; denying as moot 399
Motion for relief; denying as moot 400 Motion for relief; denying as moot 401 Motion
for relief; denying as moot 402 Motion for relief; denying as moot 403 Motion for
waiver of all appeal fees or denying in alternative leave to proceed in forma pauperis on
appeal; denying 405 Motion for relief; denying 406 Motion for relief; denying 407
Motion for relief; denying 408 Motion for relief; denying 409 Motion for relief; denying
410 Motion for relief; denying 411 Motion for relief; denying 412 Motion for relief;
denying 413 Motion for relief; denying 414 Motion for recusal; denying as moot 415
Motion for waiver of all appeal fees or in alternative denying leave to proceed in forma
pauperis on appeal; denying 418 Motion for relief; denying 419 Motion for relief;
denying 420 Motion for relief. See Order for details. Until further Order, the Clerk
shall no longer accept any further filings, related or unrelated to this specific
case, by Ms. Prescott or Mr. Busse, for filing in this closed case, except for a
single Notice of Appeal from this Order. The 389 Emergency Motions for Relief
From Extrinsic Fraud, Fraud on Courts, and Fraudulent Judgment & Execution
Emergency Motion to Enjoin Fraudulent Judgments and Execution of Fraudulent
Judgments Pursuant to Independent Action(s) for Relief Such as Case 9:09-cv-82359-
KLR, FLSD Notice of No Authority to Enforce Fraudulent Judgment is construed as
response to the pending Motion for Writ of Execution. Signed by Judge John E. Steele
on 1/26/2010. (RKR) (Entered: 01/26/2010)
02/01/2010 423 ORDER denying as moot 416 the Plaintiff Dr. Jorge Busses Motion for Mandatory
Recusal of Def. Corrupt U.S. Magistrate S. Polster Chappell; denying 417 the Plaintiff
Dr. Jorge Busse's Motion for Mandatory Recusal of Def. Corrupt U.S. Magistrate S.
Polster Chappell. Signed by Magistrate Judge Sheri Polster Chappell on 2/1/2010.
(LMH) (Entered: 02/01/2010)
02/01/2010 424 ORDER granting 386 the Defendant Kenneth M. Wilkinson as the Lee County Property
Appraiser's Motion for Issuance of a Writ of Execution. The Clerk of the Court is
hereby directed to issue the Writ of Execution attached to the instant Motion as Exhibit
G. Signed by Magistrate Judge Sheri Polster Chappell on 2/1/2010. (LMH) (Entered:
02/01/2010)
02/02/2010 425 WRIT of Execution issued per Order 424 . (drn) (Entered: 02/02/2010)
(Entered: 02/04/2010)
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U.S. District Court
Middle District of Florida (Ft. Myers)
CIVIL DOCKET FOR CASE #: 2:10-cv-00089-JES-SPC
Busse et al v. Steele et al Date Filed: 02/09/2010

Assigned to: Judge John E. Steele Jury Demand: Plaintiff
Referred to: Magistrate Judge Sheri Polster Chappell Nature of Suit: 440 Civil Rights: Other
Cause: 28:1331 Fed. Question Jurisdiction: Federal Question
Plaintiff
Jorg Busse represented by Jorg Busse
Suite 2200
C/O Legal and Consular Department
100 N. Biscayne Blvd.
Miami, Fl 33132
239/595-7074
PRO SE
Plaintiff
Jennifer Franklin Prescott represented by Jennifer Franklin Prescott
P.O. Box 845
Palm Beach, FL 33480
PRO SE
V.
Defendant
John Edwin Steele
Defendant
Sheri Polster Chappell
Defendant
Roger Alejo
Defendant
Kenneth M. Wilkinson
Defendant
Jack N. Peterson
Defendant
Gerald Bard Tjoflat
Defendant
Richard Jessup
Defendant
Judge Birch
Defendant
Judge Dubina
Defendant
Richard A. Lazzara
Defendant
Charlie Crist
Defendant
Lee County Value Adjustment Board
Defendant
Lori Rutland
Defendant
Executive Title Co.
Defendant
Johnson Engineering, Inc.
Date Filed # Docket Text

02/09/2010 1 COMPLAINT and independent action for relief from fraud, fraud on the courts, and writ
of execution and EMERGENCY MOTION to enjoin fraud on courts and fraudulent writ
of execution against Roger Alejo, Judge Birch, Sheri Polster Chappell, Charlie Crist, Judge
Dubina, Executive Title Co., Richard Jessup, Johnson Engineering, Inc., Richard A.
Lazzara, Lee County Value Adjustment Board, Jack N. Peterson, Lori Rutland, John
Edwin Steele, Gerald Bard Tjoflat, Kenneth M. Wilkinson with Jury Demand (Filing fee $
350 receipt number F013439) filed by Jennifer Franklin Prescott, Jorg Busse.(SPB)
(Entered: 02/10/2010)
02/10/2010 2 STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All
Divisional Judges on 12/7/09. (SPB) (Entered: 02/10/2010)
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Very Frightening - U.S. JUDICIAL CORRUPTION &amp; FRAUD (1) 27663072

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VERY FRIGHTENING …

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

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

• NO LEE COUNTY TITLE

• NO EMINENT DOMAIN PROCEEDINGS

• NO “FRIVOLITY” AS FABRICATED BY FEDERAL JUDGES

PLAIN AND SHORT, THERE HAS BEEN MASSIVE U.S. GOVERNMENTAL

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

LEE COUNTY, FLORIDA; BOARD OF LEE

OPINION AND ORDER

This matter comes before the Court on the following motions:

(1) defendant Property Appraiser’s Motion to Dismiss and Close File

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

defendants State of Florida Board of Trustees of the Internal

Improvement Trust Fund (Trustees) and Florida Department of

Environmental Protection’s (DEP) Joint Motion to Dismiss for Lack

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

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

defendant The Lee County Appraiser’s Motion to Dismiss for Lack of

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

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

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

held to a less stringent standard than pleadings drafted by an

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

1157, 1160 (11th Cir. 2003).

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

County, Florida adopted the “Resolution Pertaining to Public Lands

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

Costa Subdivision contained certain designated lot and block areas

and other undesignated areas. The Resolution further noted that

the plat contained certain un-numbered and unlettered areas lying

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

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

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

accretions thereto” and “does by this Resolution claim all of said

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

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

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

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

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

federal and state law.

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

alleges that the Resolution deprived him of his riparian rights,

private easements, accreted property and privileges secured by the

United States Constitution. Specifically, plaintiff asserts that

Lee County had no home rule powers or jurisdiction over the

undedicated Cayo Costa Subdivision, and therefore the Resolution

was unenforceable and in violation of the United States

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

confiscated more than 2.5 acres of his accreted property without

compensation in violation of the Takings Clause of the Fifth

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

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

¶14.) Plaintiff asserts that defendants also illegally took more

than 200 acres of private accretions onto Cayo Costa pursuant to

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

plaintiff asserts that “Defendant State Actors” claimed riparian

unlawfully discriminating against plaintiff because he is entitled

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

color of the Resolution. Plaintiff asserts that the Resolution was

never signed, executed or acknowledged and did not meet resolution

and recording requirements, and was therefore not entitled to be

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

¶17.) Plaintiff further alleges that the Cayo Costa Subdivision

Very Frightening - U.S. JUDICIAL CORRUPTION & FRAUD (1) 27663072

Very Frightening - U.S. JUDICIAL CORRUPTION & FRAUD (1) 27663072