Filing # 39213490 E-Filed 03/18/2016 03:51:38 PM

RECEIVED, 03/18/2016 03:56:05 PM, Clerk, Second District Court of Appeal

IN THE FLORIDA SECOND DISTRICT COURT OF APPEAL

_____________________
Fla. 2d DCA Case No. 2D15-5044
L.T. Case No. 12012447-CI-011
__________________________________________________________________
TIMES PUBLISHING COMPANY, FIRST LOOK MEDIA, INC., WFTS-TV
AND WPTV-TV, SCRIPPS MEDIA, INC., WFTX-TV, JOURNAL
BROADCAST GROUP, and THE ASSOCIATED PRESS,
Petitioners,
v.
TERRY GENE BOLLEA professionally known as HULK HOGAN, GAWKER
MEDIA, LLC aka GAWKER MEDIA; NICK DENTON and A.J. DAULERIO,
Respondents.
__________________________________________________________________
RESPONDENTS APPENDIX FILED IN RESPONSE TO COURTS
MARCH 17, 2016 ORDER
______________________________________________________________
Kenneth G. Turkel, Esquire, Bajo Cuva Cohen & Turkel, P.A.
100 North Tampa Street, Suite 1900, Tampa, Florida 33602
David M. Caldevilla, Esquire, de la Parte & Gilbert, P.A.
P.O. Box 2350, Tampa, Florida 33601-2350
Charles J. Harder, Esquire, Harder Mirell & Abrams, LLP
132 S. Rodeo Drive, Suite 301, Beverly Hills, California 90212
COUNSEL FOR RESPONDENT

TABLE OF CONTENTS
VOLUME I
TAB 1:

Order of the District Court of Appeal (issued December 3 2015)

TAB 2:

The Gawker Defendants Motion in Limine on Evidence

Relating to Plaintiffs Admission that He Believed the Sex
Tape(s) Showed Him Making Statements that Have Been
Marked as Confidential, and Exhibits 1, 2, 3, 4, 9, 10, 11, 12,
17, 18, 19, 21 and 23 thereto (filed June 12, 2015)

TAB 3:

Plaintiffs Confidential Motion in Limine No. 6 to Exclude

Evidence or Argument Related to Additional Videos of Terry
Bollea (filed June 12, 2015)

TAB 4:

Plaintiffs Confidential Opposition to Gawker Defendants

Motion to Permit Presentation of Offensive Language at Trial
(filed June 26, 2015)

TAB 5:

The Gawker Defendants Opposition to Plaintiffs Motion in

Limine No.6 to Exclude Evidence Relating to Additional
Videos, and Exhibits 1, 2, 3, 5 and 6 thereto (filed June 26,
2015)

TAB 6:

Plaintiffs Confidential Motion for Protective Order re: Certain

Content in Documents Produced in Discovery (filed May 27,
2014)

TAB 7:

Affidavit of Charles J. Harder, and Exhibits 1 and 2 thereto

(filed May 27, 2014)

TAB 8:

Defendants Confidential Statement of Violations of Court

Orders and Misrepresentations by Plaintiff and Plaintiffs
Counsel, and Exhibits 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 17 and 32
thereto (filed June 6, 2014)

TAB 9:

The Gawker Defendants Opposition to Plaintiffs Confidential

Motion for Protective Order re: Certain Content in Documents

Produced in Discovery, and Exhibits 1 and 2 thereto (filed June

9, 2014)
TAB 10:

Plaintiffs Confidential Reply in Support of Motion for

Protective Order re: Certain Content in Documents Produced in
Discovery (filed June 16, 2014)

TAB 11:

Plaintiffs Confidential Supplemental Opposition to

Defendants Motion for Sanctions and Response to Evidence
Raised By Gawker for the First Time on Reply, including the
Affidavits of Charles Harder and David Houston and Exhibits
A, D, E, F, G, H, I and J thereto (filed June 18, 2014)

TAB 12:

Exhibits 2 and 3 to the Gawker Defendants Opposition to

Plaintiffs Motion for Setting of Trial Date and for Severance of
Claims against Kinja, KFT (filed October 16, 2014)

TAB 13:

Exhibit A to the Gawker Defendants Exceptions to Report and

Recommendation Denying Motions for Sanctions (filed
October 30, 2014)

TAB 14:

Confidential Supplemental Statement of Undisputed Material

Facts in Support of the Gawker Defendants Motion for
Summary Judgment including the Confidential Supplemental
Affidavit of Rachel E. Fugate in Support of the Gawker
Defendants Motion for Summary Judgment, and Exhibits 108,
109, 111, 112 and 116 thereto (filed April 20, 2015)

TAB 15:

Plaintiffs Opposition to the Gawker Defendants Motion for

Summary Judgment, including the Confidential Statement of
Disputed and Undisputed Facts in Opposition to the Gawker
Defendants Motion for Summary Judgment, Confidential
Supplemental Affidavit of Kenneth G. Turkel and Exhibits 41,
42, 43, 45 and 53 thereto (filed May 11, 2015)

VOLUME II
TAB 16:

Plaintiffs Opposition to Heather Coles (sued as Heather Clem)

Motion for Summary Judgment, including the Confidential
Supplemental Affidavit of Charles J. Harder and Exhibits 3, 4
and 5 thereto (filed May 11, 2015)

TAB 17:

Exhibits A, B, and G to the Gawker Defendants Motion for

Continuance (filed June 29, 2015)

TAB 18:

Confidential Declaration of Gregg D. Thomas, Esq., and

Exhibits 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49,
50, 51, 52, 53, 54, 55, 56, 57, 59, 60, 61, 62, 63, 64, 65, 66, 67,
69, 70, 71, 75 and 76 thereto (filed July 30, 2015)

TAB 19:

Exhibits 3, 4, 11, 12, 16, 18, 19, 20, 21, 22, 30, 39, 40, 41 and
42 filed in Support of the Joint Opposition to Plaintiffs
Emergency Motion to Conduct Discovery Concerning Potential
Violation of Protective Order, to Compel Turnover of
Confidential Discovery Materials and for Order to Show Cause
(filed August 11, 2015)

TAB 20:

The Gawker Defendants Confidential Supplemental

Opposition to Plaintiffs Emergency Motion to Conduct
Discovery Concerning Potential Violations of Protective Order,
to Compel Turnover of Confidential Discovery Materials and
For Order to Show Cause, and Exhibits 1, 2, 4, 7, 8 and 9
thereto (filed August 25, 2015)

TAB 21:

Transcript of the portion of the hearing held before the trial

court on April 23, 2014, which was contained in Confidential
Exhibit 2-C of the Gawker defendants motion to determine the
confidentiality of transcripts of closed court proceedings

TAB 22:

Transcript of the hearing held before the Special Discovery

Magistrate on July 18, 2014, which was contained in
Confidential Exhibit 3-C of the Gawker defendants motion to

determine the confidentiality of transcripts of closed court

proceedings
TAB 23:

Exhibits 3-C, 5-C, and 8-C to the Motion for an Order

Declaring that Plaintiff Has Improperly Designated Certain
Discovery Materials as Attorneys Eyes Only (filed August
20, 2015)

CONFIDENTIAL FILED UNDER SEAL

SEALED APPENDIX TAB 19

(referred to as Confidential Filing 15
during the October 1, 2015 Hearing)
DOCUMENT:

Exhibits 3, 4, 11, 12, 16, 18, 19, 20, 21, 22, 30, 39,
40, 41 and 42 filed in Support of the Joint
Opposition to Plaintiffs Emergency Motion to
Conduct Discovery Concerning Potential Violation
of Protective Order, to Compel Turnover of
Confidential Discovery Materials and for Order to
Show Cause, filed on August 11, 2015

ORDER:

NOVEMBER 18, 2015 AMENDED ORDER*

PARAGRAPH: 10.D(14)

*These documents also were sealed under Paragraph 8.D(14) of the October
27, 2015 Order.

Filing # 30749352 E-Filed 08/11/2015 05:19:43 PM

CONFIDENTIAL
EXHIBIT 18-C
to the
JOINT OPPOSITION OF THE GAWKER DEFENDANTS AND THEIR
COUNSEL TO PLAINTIFFS EMERGENCY MOTION TO CONDUCT
DISCOVERY CONCERNING POTENTIAL VIOLATION OF
PROTECTIVE ORDER, TO COMPEL TURNOVER OF CONFIDENTIAL
DISCOVERY MATERIALS AND FOR ORDER TO SHOW CAUSE
This exhibit is an audio/visual file that cannot be electronically filed. It can be
found on the disc labeled Confidential Audio/Visual Exhibit to the Joint
Opposition to Plaintiffs Emergency Motion, a copy of which is being provided
to the Court and all counsel of record.