Case 9:10-cv-80062-KAM Document 22 Entered on FLSD Docket 04/06/2010 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

IN AND FOR THE SOUTHERN DISTRICT OF FLORIDA

SOUTH FLORIDA TEA PARTY, INC.,

A Florida non-profit corporation, et al.,

Plaintiffs,

v. CASE NO.: 10-80062-CV-MARRA/JOHNSON

TEA PARTY, et al.

Defendants.
_________________________________/

NOTICE OF FILING PROPOSED JOINT SCHEDULING REPORT

Plaintiffs hereby give notice of filing the attached Proposed Joint Scheduling Report and

set out the following brief explanation on the circumstances of filing the same:

On January 25, 2010 this Court issued an Order requiring the parties to confer and prepare

a Joint Scheduling Report. By the undersigned’s calculation, the deadline to prepare and file the

Joint Scheduling Report was March 30, 2010. However, certain difficulties made meeting this

deadline unmanageable. Specifically, the parties attempted to schedule a phone conference to

discuss the preparation of the Joint Scheduling Report. Various scheduling problems arose and

the parties found it unusually difficult to arrange this meeting. However, after some effort, and

after discussion between the undersigned and Frederick O’Neal, the undersigned was able to

prepare and circulate a draft Joint Scheduling Report. Plaintiff’s counsel circulated the first draft

of the Joint Scheduling Report by email on March 15, 2010. On April 1, 2010 Mr. O’Neal

provided the undersigned with a revised draft of the proposed Joint Scheduling Report and noted

that, although he is an attorney, he is only “assisting [Defendants] Egoroff and Guetzloe in their

pro se defense of the lawsuit,” that he is “not representing them,” and that the undersigned “will

need to clear the attached with them.”

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To that end, the undersigned immediately emailed Mr. O’Neal’s revised version of the

Joint Scheduling Report to Defendants Egoroff and Guetzloe. Defendant Egoroff has yet to

respond. Defendant Guetzloe responded that “I certainly do not agree to the submitted Joint

Report” asserting that such refusal was based upon his belief that counsel for the Plaintiffs

“refused to attend the agreed upon conference.”

While Mr. Guetzloe’s frustration is noted by the undersigned, it is Plaintiffs’

understanding that the time and date for the complained of conference was not actually agreed

upon. Thus, Mr. Guetzloe’s complaints are unfounded. In any event, Mr. Guetzloe is a pro se

non-attorney litigant and likely unaware that his frustrations are not sufficient grounds to refuse to

participate in a Court Ordered obligation.

As the pro se non-attorney litigants, namely, Defendants Egoroff and Guetzloe, have

either expressly refused to participate in the filing of the Joint Scheduling Report, or have ignored

the undersigned’s attempts to contact them, Plaintiffs hereby submit the attached Proposed Joint

Scheduling Report as agreed upon between Plaintiff and Defendant Frederick O’Neal, and ask

that the Court excuse the untimely filing of the Joint Scheduling Report.

Dated this _6th_day of April, 2010. Respectfully Submitted,

By: /s/ Frank Herrera

Frank Herrera
Florida Bar No. 494801
Email: fherrera@qpwblaw.com
Gustavo Sardiña
Florida Bar No. 31162
Email: gsardina@qpwblaw.com
QUINTAIROS, PRIETO, WOOD & BOYER
9300 S. Dadeland Blvd.
Fourth Floor
Miami, Florida 33156
Telephone: 305-670-1101
Facsimile: 305-670-1161
ATTORNEY FOR PLAINTIFFS

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true copy hereof is being via the Court’s CM/ECF online filing
system, and that the same is being served on the Defendants, namely:

The Tea Party and

Frederic B. O’Neal, Esq.
P.O. Box 842
Windermere, Florida 34786

Nicholas Egoroff
5402 Andover Drive
Orlando, Florida 32812

Douglas Guetzloe
P.O. Box 531101
Orlando, Florida 32853

via U.S. Mail this 6th day of April, 2010.

By: _s/GUSTAVO SARDIÑA___

Gustavo Sardiña