Thirteenth Judicial Circuit-Service of Process-Appendix

UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT

NEIL J . GILLESPIE,
ESTATE OF PENELOPE GILLESPIE,
(Pro se as the sole interested person, see
Fla. Prob. R., Rule 5.030(a) Exception,
and Lituchy v. Estate of Lituchy) C.A.11 Appeal No.: 12-11213-C
District Court No.: 5:10-cv-00503-WTH-TBS
Plaintiffs/Appellants,
vs. C.A.11 Appeal No.: 12-11028-B
District Court No.: 5:11-cv-00539-WTH-TBS
THIRTEENTH J UDICAL CIRCUIT,
FLORIDA, et al.
Defendants/Appellees.
_______________________________/
SEPARATE VOLUME APPENDIX
Consolidated Notice of Filing Service of Process (Proposed)
http://www.scribd.com/doc/172064977/Thirteenth-J udicial-Circuit-Service-of-Process-Appendix
1. November 1, 2010, Plaintiffs Notice of Filing Federal Complaint and Service of Process
Against J udge Martha J . Cook, Case No. 05-CA-007205, Hillsborough County Florida.
2. May 18, 2012, letter of Diana Esposito, FL Asst. Attorney General, re: service of process.
3. April 12, 2012, letter of David Rhodes, Asst. U.S. Attorney, mistakenly listed as counsel.
4. J anuary 18, 2012, Notice of Filing (Doc. 16) Rule 4(d) service, District Court 5:11-cv-539
5. October 30, 2010, Rule 4(d) service, Thirteenth J udicial Circuit, District Court 5:10-cv-503
6. October 30, 2010, Rule 4(d) service, Robert W. Bauer, et. al, District Court 5:10-cv-503
7. May 14, 2013, letter of Neil Gillespie to U.S. Marshal William B. Berger, Sr., re: service.
8. U.S. Marshals Service, Service of Process, Summons and Complaint (website information)
http://www.usmarshals.gov/process/summons-complaint.htm
9. J une 3, 2013, Transcript, phone call from Deputy Roger Devall, U.S. Marshals Office,
Tampa Florida to Neil Gillespie, You might have issues getting summons - summons
issued by the Clerks of court for J udges.
10. Sonja Mullerin v J ohn Hayter, et al.,1:12-cv-00190-SPM-GRJ , U.S. District Court,
Northern District of Florida. Alachua County Florida court alleged to operate as a RICO
enterprise, U.S. District Clerk would not issue summons for Florida judges. The Plaintiff
was previously an attorney licensed in Colorado but not licensed in Florida.
*Sonja Mullerin was formerly known as Alison Sunny Maynard, Esq.
INTHECIRCUITCOURTOFTHETlDRTEENTHJUDICIALCIRCUIT
INANDFORHILLSBOROUGHCOUNTY,FLORIDA
GENERALCIVILDIVISION
NEILJ.GILLESPIE,
Plaintiff, CASENO.:05-CA-007205
vs.
,.,...
BARKER,RODEMS& COOK,P.A., DNISION:G
RECEfVED
aFloridacorporation;WILLIAM
NOV -1 20m
J. COOK,
CLERK OF CIRCUIT COURT
Defendants.
HILLSBOROUGH COUNTY, FL
~
PLAINTIFF'SNOTICEOFFILINGFEDERALCOMPLAINTANDSERVICE
OFPROCESSAGAINSTJUDGEMARTHAJ.COOK
Plaintiff proseGillespie herebynotice the filingofacopyof theComplaintin his
federal CivilRightsandAmericansWithDisabilitiesAct(ADA)lawsuitagainstthe
ThirteenthJudicialCircuit,Florida,etaI. thatnamesCircuitCourtJudgeMarthaJ. Cook
Defendantin hercapacity asboth ajudge andanindividual,and copiesof theNoticeof a
LawsuitandRequesttoWaiveServiceofaSummonssenttoJudgeCook'scounsel.
RESPECTFULLYSUBMITTEDNovember
Certificateof Service
IHEREBYCERTIFYthatacopyof theforegoingwasmailedNovember1,2010
toMr.RyanC.RodemsatBarker,Rodems& Cook,PA,400NorthAshleyDrive,Suite
2100,Tampa,Florida33602.
1
Printed name
AO 398(Rev.01/09)NoticeofaLawsuitandRequesttoWaiveServiceofaSummons
UNITEDSTATESDISTRICTCOURT
forthe
MiddleDistrictofFlorida
NEIL J. GILLESPIE
)
Plaintiff
)
v. ) CivilActionNo. 5:10-cv-503-oc-WTH-DAB
MARTHA J. COOK, Circuit Court Judge
Defendant
)
)
NOTICEOFALAWSUITANDREQUESTTOWAIVESERVICEOFASUMMONS
To: Mr. Christopher Nauman, Assistant General Counsel, Thirteenth Judicial Circuit
(Name ofthe deftndant or - ifthe deftndant is a corporation, portnership, or association - an officer or agent authorized to receive service)
Whyareyougettingthis?
Alawsuithasbeenfiledagainstyou,ortheentityyourepresent,inthiscourtunderthe numbershownabove.
Acopyofthecomplaintisattached.
Thisisnotasummons,oranofficialnoticefromthecourt. Itisarequestthat,toavoidexpenses,youwaiveformal
serviceof asummonsbysigningandreturningtheenclosedwaiver. Toavoidtheseexpenses,youmustreturnthesigned
waiverwithin days(give at least 30 days, or at least 60 days ifthe defendant is outside anyjudicial district ofthe United States)
fromthedateshownbelow,whichisthedatethisnoticewassent. Twocopiesofthewaiverformareenclosed,alongwith
astamped,self-addressedenvelopeorotherprepaidmeansforreturningonecopy.Youmay keeptheothercopy.
Whathappensnext?
If you return the signed waiver, I will file it with the court. The action will then proceed asif you had been served
onthedatethewaiverisfiled, butnosummonswillbeservedonyouandyouwillhave60daysfromthedatethisnotice
is sent(seethedatebelow)toanswerthecomplaint(or90daysif thisnoticeissenttoyououtsideanyjudicialdistrictof
theUnitedStates).
If youdonotreturnthesignedwaiverwithinthetimeindicated,Iwillarrangetohavethesummonsandcomplaint
servedonyou. AndIwillaskthecourttorequireyou,ortheentityyourepresent,topaytheexpensesofmakingservice.
Pleasereadtheenclosedstatementabouttheduty toavoidunnecessaryexpenses.
Icertifythatthisrequestis beingsenttoyouonthedatebelow.
Date: 10/30/2010
8092 SW 115th Loop
Ocala, Florida 34481
Address
neilgillespie@mfLnet
E-mail address
352-854-7807
Telephone number
AD 399(01/09)WaiveroftheServiceof Summons
forthe
NEILJ. GILLESPIE
)
Plaintiff
)
MARTHAJ. COOK,CircuitCourtJudge
)
)
Defendant
WAIVEROFTHESERVICEOFSUMMONS
To: NEILJ. GILLESPIE
(Nameoftheplaintiff'sattorneyorunrepresentedplaintif})
Ihavereceivedyourrequesttowaiveserviceofasummonsinthisactionalongwithacopyofthecomplaint,
twocopiesofthiswaiverform, andaprepaidmeansofreturningonesignedcopyoftheformtoyou.
I, ortheentityIrepresent,agreetosavetheexpenseofservingasummonsandcomplaintinthiscase.
I understand that I, or the entity I represent, will keep all defenses or objections to the lawsuit, the court's
jurisdiction,andthevenueoftheaction,butthatIwaiveanyobjectionstotheabsenceofasummonsorofservice.
IalsounderstandthatI, ortheentityIrepresent,n1ust fileandserveanansweroramotionunderRule 12 within
60 daysfrom 10/30/2010 ,thedatewhenthisrequestwassent(or90daysifitwassentoutsidethe
UnitedStates). IfIfail todoso,adefaultjudgmentwillbeenteredagainstmeortheentityIrepresent.
Date:
Signatureoftheattorneyorunrepresentedparty
Printednameofpartywaivingserviceofsummons Printedname
Address
E-mailaddress
Telephonenumber
DutytoAvoidUnnecessaryExpensesofServinga Summons
Rule 4ofthe Federal RulesofCivil Procedure requires certain defendants tocooperatein saving unnecessary expensesofserving a summons
andcomplaint. Adefendantwhois locatedintheUnitedStatesandwhofailstoreturnasignedwaiverofservicerequestedby aplaintifflocatedin
theUnitedStateswillberequiredtopaytheexpensesof service,unlessthedefendantshowsgoodcauseforthe failure.
"Goodcause"doesnotincludeabeliefthatthelawsuitisgroundless,orthatithasbeenbroughtinanimpropervenue,orthatthecourthas
nojurisdictionoverthismatteroroverthedefendantorthedefendant'sproperty.
Ifthewaiverissignedandreturned,youcanstillmaketheseandallotherdefensesandobjections,butyoucannotobjecttotheabsenceof
asummonsorofservice.
Ifyou waive service, then you must, within the time specified on the waiver form,serve an answeror a motion under Rule12 on the plaintiff
andfileacopywiththecourt. Bysigningandreturningthewaiverform,youareallowedmoretimetorespondthanifasummonshadbeenserved.
---------
AO399(01/09)Waiverofthe ServiceofSummons
forthe
NEIL J. GILLESPIE
)
Plaintiff
)
MARTHAJ. COOK, CircuitCourtJudge
)
)
Defendant
To: NEIL J. GILLESPIE
(Name ofthe plaintiff's attorney or unrepresentedplaintiff)
Ihavereceivedyourrequesttowaiveserviceofasummonsin thisactionalongwithacopyofthecomplaint,
I, ortheentity Irepresent,agreeto savetheexpenseofservingasummonsandcomplaintinthiscase.
IalsounderstandthatI, ortheentityIrepresent,mustfile andserveanansweroramotion underRule 12within
60daysfrom 10/30/2010 , thedatewhenthisrequestwassent(or90daysifit wassentoutsidethe
UnitedStates). IfIfail todoso,adefaultjudgmentwill beenteredagainstmeortheentity Irepresent.
Date:
Signature ofthe attorney or unrepresentedparty
MARTHAJ.COOK, CircuitCourtJudge
Printed name ofparty waiving service ofsummons Printed name
Address
E-mail address
Telephone number
DutytoAvoid UnnecessaryExpensesofServingaSummons
Rule 4oftheFederalRulesofCivilProcedurerequires certain defendants to cooperateinsavingunnecessaryexpensesofserving a summons
andcomplaint. Adefendantwhois located in theUnitedStatesandwhofailstoreturnasignedwaiverofservicerequestedby a plaintifflocatedin
the UnitedStateswillbe requiredto paytheexpensesofservice,unlessthedefendantshowsgoodcause forthe failure.
"Goodcause"doesnot includeabeliefthatthe lawsuitisgroundless,orthatithasbeenbroughtinanimpropervenue,orthatthecourthas
Ifthewaiverissignedandreturned,youcanstill maketheseandallotherdefensesandobjections,butyoucannotobjecttotheabsenceof
Ifyouwaiveservice,thenyoumust,withinthetimespecifiedonthewaiverform,serveanansweroramotionunderRule12ontheplaintiff
andfile acopy withthecourt. Bysigningandreturningthewaiverform, youareallowedmoretimeto respondthan ifasummonshadbeenserved.
AO398(Rev.01/09)NoticeofaLawsuitandRequesttoWaiveServiceofaSummons
forthe
NEILJ.GILLESPIE
Plaintiff
)
)
v. ) CivilActionNo. 5:10-cv-503-oc-WTH-OAB
MARTHAJ.COOK, individually
Defendant
)
)
To: Mr. ChristopherNauman,AssistantGeneralCounsel,ThirteenthJudicial Circuit
(Name ofthe defendant or - ifthe defendant is a corporation, portnership, or association - an officer or agent authorized to receive service)
Whyareyou gettingthis?
A lawsuithasbeenfiled againstyou,ortheentityyourepresent, inthiscourtunderthenumbershownabove.
Acopyof thecomplaintisattached.
Thisisnotasummons,oranofficialnoticefromthecourt. It isarequestthat,toavoidexpenses,youwaiveformal
serviceofasummonsbysigningandreturningtheenclosedwaiver. Toavoidtheseexpenses,youmustreturnthesigned
astamped,self-addressedenvelopeorotherprepaidmeansforreturningonecopy. Youmay keeptheothercopy.
Whathappensnext?
onthedatethewaiverisfiled, butnosummonswill beservedonyouandyouwill have60daysfrom thedatethisnotice
is sent(seethedatebelow)toanswerthecomplaint(or90daysifthisnoticeissenttoyououtsideanyjudicialdistrictof
theUnitedStates).
Ifyoudonotreturnthesignedwaiverwithinthetimeindicated,Iwillarrangetohavethesummonsandcomplaint
Pleasereadtheenclosedstatementaboutthedutytoavoidunnecessaryexpenses.
Date: 10/30/2010
8092SW115thLoop
Ocala, Florida34481
Address
neilgiliespie@mfLnet
E-mail address
352-854-7807
Telephone number
--------
AD 399(01/09)WaiveroftheServiceofSummons
forthe
NEIL J.GILLESPIE
)
Plaintiff
)
MARTHAJ. COOK, individually
Defendant
)
)
(Name ofthe plaintiff's attorney or unrepresentedplaintifj)
twocopiesofthiswaiverform, and aprepaidmeansofreturningonesignedcopyoftheform toyou.
I, ortheentityIrepresent,agreeto savetheexpenseofservingasummonsandcomplaintinthiscase.
Ialso understandthatI, ortheentity Irepresent,mustfile andserveanansweroramotionunderRule 12 within
Date:
Address
E-mail address
Telephone number
Dutyto Avoid UnnecessaryExpensesofServingaSummons
Rule 4oftheFederalRulesofCivilProcedurerequires certain defendants to cooperateinsavingunnecessary expensesofserving a summons
and complaint. Adefendantwho is located in the UnitedStatesandwhofailsto returnasignedwaiverofservicerequestedby aplaintifflocatedin
the UnitedStateswillbe required to pay theexpensesofservice,unlessthedefendantshowsgoodcause forthe failure.
"Goodcause"doesnot includeabeliefthatthelawsuitisgroundless,orthatithasbeenbroughtinanimpropervenue,orthatthecourthas
andfile acopy withthecourt. By signingandreturningthewaiverform, youareallowedmoretimeto respondthanifasummonshadbeenserved.
forthe
NEILJ. GILLESPIE
)
Plaintiff
)
)
)
Defendant
To: NEILJ.GILLESPIE
twocopiesofthiswaiverform, andaprepaidmeansofretumingonesignedcopyoftheform toyou.
IalsounderstandthatI, ortheentityIrepresent,mustfile andserveanansweroramotionunderRule 12within
60daysfrom 10/30/2010 ,thedatewhenthisrequestwassent(or90daysifitwassentoutsidethe
UnitedStates). IfIfail todoso, adefaultjudgmentwillbeenteredagainstmeortheentityIrepresent.
Date:
Address
E-mail address
Telephone number
Rule 4oftheFederal RulesofCivil Procedure requires certain defendants tocooperate in saving unnecessaryexpensesofserving a summons
andcomplaint. Adefendantwhois locatedintheUnitedStatesandwhofailstoreturnasignedwaiverofservicerequestedbyaplaintifflocatedin
theUnitedStateswillbe requiredtopaytheexpensesofservice,unlessthe defendantshowsgoodcauseforthe failure.
nojurisdictionoverthismatteroroverthe defendantorthedefendant'sproperty.
If the waiverissignedandreturned,youcanstillmaketheseandallotherdefensesandobjections,butyoucannotobjecttotheabsenceof
Ifyouwaiveservice,thenyoumust,withinthetimespecifiedonthewaiverform, serveanansweroramotionunderRule12ontheplaintiff
andfileacopywiththecourt. Bysigningandreturningthewaiverform, youareallowedmoretimeto respondthanifasummonshadbeenserved.
Case 5:10-cv-00503-WTH-DAB Document 1 Filed 09/28/10 Page 1 of 39
OFFICEOFTHEATTORNEYGENERAL
GeneralCivilLitigation- TampaBureau
DianaR. Esposito
Chief-AssistantAttorneyGeneral
501 EastKennedyBlvd.,Suite1100
Tampa,FL33602
Phone(813)233-2880 Fax(813) 233-2886
http://www.mvtloridalegal.com
PAMBONDI
ATTORNEYGENERAL
STATEOFFLORIDA
May18,2012
Mr.NeilJ. Gillespie
8092SW11S
th
Loop
Ocala,Florida34481
Re: Neil Gillespie v. Thirteenth Judicial Circuit et al.
Appeal#12-11028-B
YourletterdatedMay3,2012
DearMr. Gillespie:
Thank you for your letter ofMay 3, 2012 addressed to Attorney General Bondi. You
have asked the question ofwhether or not the Florida Attorney General represents the
ThirteenthCircuitin yourappealbearingdocketnumber12-11028-B. Ourofficehasnot
filed anappearanceonbehalfofanyof thedefendantsinthismatter.
I can see by looking at the docket in the U.S.D.C. - Middle District ofFlorida, your
initial complaint was dismissed for, among other reasons, failure to make service of
process on any ofthe defendants. Since that is the Order ofthe Court the Attorney
General'sOfficewouldnotbecomeinvolvedatthisstageoftheproceedingsin anycase.
Ihopethisanswersyourquestion.

DianaR. Esposito
AssistantAttorneyGeneral
DRE
2
2110 First Street, Suite 3-137 300 N. Hogan Street, Room 700
Fort Myers, Florida 33901 Jacksonville, Florida 32202
239/461-2200 904/301-6300
239/461-2219 (Fax) 904/301-6310 (Fax)
u.s.Departmentof Justice
35 SE 1st Avenue, Suite 300
352/547-3600
352/547-3623 (Fax)
United States Attorney
Middle District ofFlorida
501 West Church Street, Suite 300
Orlando, Florida 32805
407/648-7500
407/648-7643 (Fax)
Main Office
400 North Tampa Street, Suite 3200
Tampa, Florida 33602
813/274-6000
813/274-6358 (Fax)
Reply to: Tampa
April 12,2012
NeilJ. Gillespie
8092SW115thLoop
Ocala,FL34481
Re: AppealNo. 12-11028-B
DearMr. Gillespie:
Thankyouforyourletter. TheEleventhCircuitCourtClerkhadmistakenlylisted
usas cOllnsel inthisappeal. Wedonotrepresentanyoneinthiscase,andthe
Courthascorrecteditsrecords. Soyoudonotneedtoserveuswithanything
associatedwithyourappeal.
Verytrulyyours,
ROBERTE. O'NEILL
DAVIDP. RHODES
AssistantUnitedStatesAttorney
Chief,AppellateDivision
Unite tatesAttorney
By:
N:\KBowman\Gillespie, Neilletter.wpd
3
Case 5:11-cv-00539-WTH-TBS Document 16 Filed 01/18/12 Page 1 of 11 PageID 205
4
UNITED STATES DISTRICT COURT - MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION - CASE NO.: 5:10-cv-503-oc-WTH-DAB
Fed. R. Civ. Pro. 4(d) Waiving Service.
1. Email - David Rowland, General Counsel, Thirteenth J udicial Circuit
October 29, 2010 4:51 PM
Christopher Nauman, Assistant General Counsel for the Thirteenth J udicial Circuit, may
accept service of process on behalf of the judges and court employees.
2. U.S.P.S. Priority Mail, 0310 0480 0002 6068 3407, Thirteenth J udicial Circuit, et al.
Acceptance, October 30, 2010, 10:13 am, OCALA, FL 34474
Delivered, November 01, 2010, 8:55 am, TAMPA, FL 33602
3. Fed. R. Civ. Pro. 4(d) Waiving Service, provided for each Defendant:
AO 398 (Rev. 01/09) Notice of a Lawsuit and Request to Waive Service of a Summons
AO 399 (01/09) Waiver of the Service of Summons
THIRTEENTH J UDICAL CIRCUIT, FLORIDA
GONZALO B. CASARES, ADA Coordinator, and individually
DAVID A. ROWLAND, Court Counsel, and individually
CLAUDIA RICKERT ISOM, Circuit Court J udge, and individually
J AMES M. BARTON, II, Circuit Court J udge, and individually
MARTHA J . COOK, Circuit Court J udge, and individually
4. Duty to Avoid Unnecessary Expenses of Serving a Summons [AO 399 (01/09)]
Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in saving
unnecessary expenses of serving a summons and complaint. A defendant who is located in the
United States and who fails to return a signed waiver of service requested by a plaintiff located
in the United States will be required to pay the expenses of service, unless the defendant shows
good cause for the failure.
Good cause does not include a belief that the lawsuit is groundless, or that it has been brought
in an improper venue, or that the court has no jurisdiction over this matter or over the defendant
or the defendants property.
If the waiver is signed and returned, you can still make these and all other defenses and
objections, but you cannot object to the absence of a summons or of service.
If you waive service, then you must, within the time specified on the waiver form, serve an
answer or a motion under Rule 12 on the plaintiff and file a copy with the court. By signing and
returning the waiver form, you are allowed more time to respond than if a summons had been
served.
5

Neil Gillespie
From: "Rowland, Dave" <ROWLANDA@fljud13.org>
To: "Neil Gillespie" <neilgillespie@mfi.net>
Cc: "Casares, Gonzalo" <CASAREGB@fljud13.org>
Sent: Friday, October 29, 2010 4:51 PM
Attach: Response to Neil Gillespie ADA Request.pdf
Subject: RE: Americans With Disabilities Act (ADA) Accommodation Request
Page 1of 3
10/31/2010
Mr. Gillespie:

Christopher Nauman, Assistant General Counsel for the Thirteenth J udicial Circuit,
may accept service of process on behalf of the judges and court employees.

As to your public record request for a copy of your ADA form as it exists today,
the bottom portion of the form titled Administrative Office Of The Court Use
Only remains unchanged. There is no documentation on the form showing what
action was taken on your request. I presume you dont need us to send back to you
what you already have. I dont know why the form was not notated but you are
certainly aware of how the Thirteenth Circuit responded to your request. I
responded to you with a letter attached to an e-mail on J uly 9, 2010. Im attaching
that letter again to this message.

David A. Rowland
GeneralCounsel, Thirteenth Judicial Circuit
800 East Twiggs Street, Suite 603
Telephone: (813) 272-6843
rowlanda@fljud13.org

From: Neil Gillespie [mailto:neilgillespie@mfi.net]
Sent: Thursday, October 28, 2010 9:30 AM
To: Rowland, Dave
Subject: Fw: Americans With Disabilities Act (ADA) Accommodation Request

Dear Mr. Rowland:
Who is authorized to accept service of process on behalf of the following:
THIRTEENTH J UDICAL CIRCUIT, FLORIDA,
GONZALO B. CASARES, ADA Coordinator, and individually,
DAVID A. ROWLAND, Court Counsel, and individually,
CLAUDIA RICKERT ISOM, Circuit Court J udge, and individually,
J AMES M. BARTON, II, Circuit Court J udge, and individually,
MARTHA J . COOK, Circuit Court J udge, and individually,
Also, on September 24, 2010 I made a public records request to Mr. Casares. As of today Mr.
Casares has not responded. Please state if the 13th J udicial Circuit intends to comply with my
records request. The record request is in the email below this text. Thank you.
Neil J . Gillespie
8092 SW 115th Loop
Ocala, FL 34481
(352) 854-7807

----- Original Message -----
From: Neil Gillespie
To: Casares, Gonzalo
Sent: Friday, September 24, 2010 2:31 PM
Subject: Re: Americans With Disabilities Act (ADA) Accommodation Request

Mr. Casares,
Attached you will find a copy the 13th J udicial Circuits ADA form that I hand delivered to you
February 19, 2010. Kindly provide a copy of the form as it exists today, with the bottom portion
completed, the "Administrative Office Of The Court Use Only" showing what action was taken on my
request. Thank you.
Neil Gillespie
----- Original Message -----
From: Casares, Gonzalo
To: Neil Gillespie
Sent: Friday, September 24, 2010 1:05 PM
Subject: RE: Americans With Disabilities Act (ADA) Accommodation Request

Dear Mr. Gillespie,

Thank you for the E-mail.

Your request was send to the Office of the Honorable Martha Cook, General Civil Division,
Division G.

Additionally, per your request, our fax number is 272-5522.

Sincerely,
Gonzalo B. Casares
ADA Coordinator
13
th
Judicial Circuit Court

casaregb@fljud13.org
(813) 272-6169

From: Neil Gillespie [mailto:neilgillespie@mfi.net]
Page 2of 3
10/31/2010
Sent: Friday, September 24, 2010 8:31 AM
To: Casares, Gonzalo
Cc: Karin Huffer
Subject: Americans With Disabilities Act (ADA) Accommodation Request

Mr. Casares: Please see the attached ADA accommodation request. Thank you. Neil J . Gillespie
Page 3of 3
10/31/2010
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forthe
NEILJ. GILLESPIE
)
Plaintiff
)
v.
THIRTEENTHJUDICALCIRCUIT, FLORIDA
Defendant
)
)
)
CivilActionNo. 5:10-cv-503-oc-WTH-DAB
To: Mr. ChristopherNauman,AssistantGeneralCounsel,ThirteenthJudicialCircuit
Alawsuithasbeenfiledagainstyou,ortheentityyourepresent, inthiscourtunderthenumbershownabove.
Acopyof thecomplaintis attached.
serviceof asummonsby signingandreturningtheenclosedwaiver. Toavoidtheseexpenses,youmustreturnthesigned
astamped,self-addressedenvelopeorotherprepaidmeansforreturningonecopy. Youmaykeeptheothercopy.
Whathappensnext?
onthedatethewaiverisfiled, butno summonswill beservedonyouandyouwillhave60daysfromthedatethisnotice
issent(seethedatebelow)toanswerthecomplaint(or90daysifthisnoticeis senttoyououtsideanyjudicialdistrictof
theUnitedStates).
Icertifythatthisrequestisbeingsenttoyouonthedatebelow.
Date: 10/30/2010
8092SW115thLoop
Ocala, Florida34481
Address
neilgillespie@mfi.net
E-mail address
3528547807
Telephone number
UNITED STATES DISTRICT COURT
for the
__________ District of __________
)
)
)
)
)
Plaintiff
v. Civil Action No.
Defendant
WAIVER OF THE SERVICE OF SUMMONS
To:
(Name of the plaintiffs attorney or unrepresented plaintiff)
I have received your request to waive service of a summons in this action along with a copy of the complaint,
two copies of this waiver form, and a prepaid means of returning one signed copy of the form to you.
I, or the entity I represent, agree to save the expense of serving a summons and complaint in this case.
I understand that I, or the entity I represent, will keep all defenses or objections to the lawsuit, the courts
jurisdiction, and the venue of the action, but that I waive any objections to the absence of a summons or of service.
I also understand that I, or the entity I represent, must file and serve an answer or a motion under Rule 12 within
60 days from , the date when this request was sent (or 90 days if it was sent outside the
United States). If I fail to do so, a default judgment will be entered against me or the entity I represent.
Date:
Signature of the attorney or unrepresented party
Printed name of party waiving service of summons Printed name
Address
E-mail address
Telephone number
Duty to Avoid Unnecessary Expenses of Serving a Summons
Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a summons
and complaint. A defendant who is located in the United States and who fails to return a signed waiver of service requested by a plaintiff located in
the United States will be required to pay the expenses of service, unless the defendant shows good cause for the failure.
Good cause does not include a belief that the lawsuit is groundless, or that it has been brought in an improper venue, or that the court has
no jurisdiction over this matter or over the defendant or the defendants property.
If the waiver is signed and returned, you can still make these and all other defenses and objections, but you cannot object to the absence of
a summons or of service.
If you waive service, then you must, within the time specified on the waiver form, serve an answer or a motion under Rule 12 on the plaintiff
and file a copy with the court. By signing and returning the waiver form, you are allowed more time to respond than if a summons had been served.
Middle District of Florida
NEIL J. GILLESPIE
THIRTEENTH JUDICAL CIRCUIT, FLORIDA
5:10-cv-503-oc-WTH-DAB
NEIL J. GILLESPIE
10/30/2010
THIRTEENTH JUDICAL CIRCUIT, FLORIDA
AO 398(Rev. 01/09)NoticeofaLawsuitandRequesttoWaiveServiceofaSummons
forthe
NEILJ. GILLESPIE
Plaintiff
v.
JAMES M. BARTON, II, CircuitCourtJudge
Defendant
)
)
)
)
)
Civil ActionNo. 5:10-cv-503-oc-WTH-DAB
Alawsuithasbeenfiled againstyou,ortheentityyourepresent, inthiscourtunderthenumbershownabove.
waiverwithin days(give at least 30 days, or at least 60 days ifthe defendant is outside any judicial district ofthe United States)
Whathappensnext?
onthedatethewaiverisfiled, butnosummonswill beservedonyouandyouwillhave60daysfromthedatethisnotice
theUnitedStates).
Date: 10/30/2010
8092SW115thLoop
Ocala, Florida34481
Address
E-mail address
352-854-7807
Telephone number
for the
__________ District of __________
)
)
)
)
)
Plaintiff
v. Civil Action No.
Defendant
To:
Date:
Address
E-mail address
Telephone number
NEIL J. GILLESPIE
JAMES M. BARTON, II, Circuit Court Judge
NEIL J. GILLESPIE
10/30/2010
JAMES M. BARTON, II, Circuit Court Judge
AO398(Rev. 01/09)Noticeof aLawsuitand Requestto WaiveServiceofaSummons
forthe
NEIL J. GILLESPIE
)
Plaintiff
)
v. ) Civil Action No. 5:10-cv-503-oc-WTH-DAB
JAMES M. BARTON, II, individually
Defendant
)
)
(Name ofthe defimdant or - ifthe defendant is a corporation, partnership, or association - an officer or agent authorized to receive service)
Alawsuithasbeenfiledagainstyou,ortheentityyourepresent, in thiscourtunderthenumbershownabove.
Thisisnotasummons,oranofficialnoticefromthecourt. It isarequestthat,toavoidexpenses,youwaivefonnal
waiverwithin days(give at least 30 days, or at least 60 days ifthe defendant is outside any judicial district ofthe United States)
Whathappensnext?
If you return the signed waiver, I will file it with the court. The action will then proceed as if you had been served
onthedatethewaiverisfiled, butnosummonswillbeservedonyouandyouwill have60daysfromthedatethisnotice
is sent(seethedatebelow)toanswerthecomplaint(or90daysifthisnotice is senttoyououtsideanyjudicialdistrictof
theUnitedStates).
servedonyou. AndIwill askthecourttorequireyou,ortheentityyourepresent,topaytheexpensesofmakingservice.
IcertifY thatthisrequestis beingsenttoyouonthedate below.
Date: 10/30/2010
8092 SW 115th Loop
Address
neilgillespie @mfi.net
E-mail address
352-854-7807
Telephone number
for the
__________ District of __________
)
)
)
)
)
Plaintiff
v. Civil Action No.
Defendant
To:
Date:
Address
E-mail address
Telephone number
NEIL J. GILLESPIE
NEIL J. GILLESPIE
10/30/2010
or unrepresentedparty
AO398(Rev. 01/09)Noticeof aLawsuitand RequesttoWaiveServiceofaSummons
forthe
NEILJ. GILLESPIE
Plaintiff
v.
GONZALO B. CASARES,ADA Coordinator
)
)
)
)
Defendant
)
(Name ofthe defendant or - ifthe defendant isa corporation, partnership, or association - an officer or agent authorized to receive service)
serviceof asummonsby signingandreturningtheenclosedwaiver. Toavoidtheseexpenses,youmustreturnthesigned
waiverwithin days(give at least 30 days, or at least 60 days ifthe defendant isoutside anyjudicial district ofthe United States)
Whathappensnext?
If you return the signed waiver, Iwi11 file it with the court. The actionwi11 then proceed asif you had been served
onthedatethewaiveris filed, butnosummonswi11 beservedonyouandyouwillhave60daysfromthedatethisnotice
theUnitedStates).
Icertifythatthisrequestisbeingsenttoyouonthedate below.
Date: 10/30/2010
8092SW115thLoop
Ocala, Florida34481
Address
E-mail address
352-854-7807
Telephone number
for the
__________ District of __________
)
)
)
)
)
Plaintiff
v. Civil Action No.
Defendant
To:
Date:
Address
E-mail address
Telephone number
NEIL J. GILLESPIE
GONZALO B. CASARES, ADA Coordinator
NEIL J. GILLESPIE
10/30/2010
GONZALO B. CASARES, ADA Coordinator
,
AO 398 (Rev. 01/09) Notice ofa Lawsuit and Request to Waive Service ofa Summons
for the
NEIL J. GILLESPIE
)
Plaintif!
v.
)
) Civil Action No. 5:10-cv-503-oc-WTH-DAB
GONZALO B. CASARES, individually
)
Defendant
)
NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF A SUMMONS
(Name ofthe deferuumt or - ifthe defendant is a corporation, portnership, or association - an officer or agent authorized to receive service)
Why are you getting this?
A lawsuit has been filed against you, or the entity you represent, in this court under the number shown above.
A copy of the complaint is attached.
This is not a summons, or an official notice from the court. It is a request that, to avoid expenses, you waive formal
service of a summons by signing and returning the enclosed waiver. To avoid these expenses, you must return the signed
waiver within days (give at least 30 days, or at least 60 days ifthe defendant is outside any judicial district ofthe United States)
from the date shown below, which is the date this notice was sent. Two copies ofthe waiver form are enclosed, along with
a stamped, self-addressed envelope or other prepaid means for returning one copy. You may keep the other copy.
What happens next?
If you return the signed waiver, I will file it with the court. The action will then proceed as if you had been served
on the date the waiver is filed, but no summons will be served on you and you will have 60 days from the date this notice
is sent (see the date below) to answer the complaint (or 90 days ifthis notice is sent to you outside any judicial district of
the United States).
If you do not return the signed waiver within the time indicated, I will arrange to have the summons and complaint
served on you. And I will ask the court to require you, or the entity you represent, to pay the expenses of making service.
Please read the enclosed statement about the duty to avoid unnecessary expenses.
I certify that this request is being sent to you on the date below.
Date: 10/30/2010
Printed name
8092 SW 115th Loop
Address
neilgillespie @mfi.net
E-mail address
352-854-7807
Telephone number
for the
__________ District of __________
)
)
)
)
)
Plaintiff
v. Civil Action No.
Defendant
To:
Date:
Address
E-mail address
Telephone number
NEIL J. GILLESPIE
NEIL J. GILLESPIE
10/30/2010
Printed name
forthe
NEIL J. GILLESPIE
)
Plaintiff
)
MARTHA J. COOK, Circuit Court Judge
Defendant
)
)
(Name ofthe deftndant or - ifthe deftndant is a corporation, portnership, or association - an officer or agent authorized to receive service)
Alawsuithasbeenfiledagainstyou,ortheentityyourepresent,inthiscourtunderthe numbershownabove.
Whathappensnext?
theUnitedStates).
Pleasereadtheenclosedstatementabouttheduty toavoidunnecessaryexpenses.
Date: 10/30/2010
8092 SW 115th Loop
Address
E-mail address
352-854-7807
Telephone number
AD 399(01/09)WaiveroftheServiceof Summons
forthe
NEILJ. GILLESPIE
)
Plaintiff
)
)
)
Defendant
To: NEILJ. GILLESPIE
(Nameoftheplaintiff'sattorneyorunrepresentedplaintif})
IalsounderstandthatI, ortheentityIrepresent,n1ust fileandserveanansweroramotionunderRule 12 within
60 daysfrom 10/30/2010 ,thedatewhenthisrequestwassent(or90daysifitwassentoutsidethe
UnitedStates). IfIfail todoso,adefaultjudgmentwillbeenteredagainstmeortheentityIrepresent.
Date:
Signatureoftheattorneyorunrepresentedparty
Printednameofpartywaivingserviceofsummons Printedname
Address
E-mailaddress
Telephonenumber
Rule 4ofthe Federal RulesofCivil Procedure requires certain defendants tocooperatein saving unnecessary expensesofserving a summons
andcomplaint. Adefendantwhois locatedintheUnitedStatesandwhofailstoreturnasignedwaiverofservicerequestedby aplaintifflocatedin
theUnitedStateswillberequiredtopaytheexpensesof service,unlessthedefendantshowsgoodcauseforthe failure.
"Goodcause"doesnotincludeabeliefthatthelawsuitisgroundless,orthatithasbeenbroughtinanimpropervenue,orthatthecourthas
andfileacopywiththecourt. Bysigningandreturningthewaiverform,youareallowedmoretimetorespondthanifasummonshadbeenserved.
forthe
NEILJ.GILLESPIE
Plaintiff
)
)
v. ) CivilActionNo. 5:10-cv-503-oc-WTH-OAB
MARTHAJ.COOK, individually
Defendant
)
)
Whyareyou gettingthis?
A lawsuithasbeenfiled againstyou,ortheentityyourepresent, inthiscourtunderthenumbershownabove.
Thisisnotasummons,oranofficialnoticefromthecourt. It isarequestthat,toavoidexpenses,youwaiveformal
Whathappensnext?
onthedatethewaiverisfiled, butnosummonswill beservedonyouandyouwill have60daysfrom thedatethisnotice
theUnitedStates).
Date: 10/30/2010
8092SW115thLoop
Ocala, Florida34481
Address
E-mail address
352-854-7807
Telephone number
--------
forthe
NEIL J.GILLESPIE
)
Plaintiff
)
Defendant
)
)
(Name ofthe plaintiff's attorney or unrepresentedplaintifj)
twocopiesofthiswaiverform, and aprepaidmeansofreturningonesignedcopyoftheform toyou.
I, ortheentityIrepresent,agreeto savetheexpenseofservingasummonsandcomplaintinthiscase.
Ialso understandthatI, ortheentity Irepresent,mustfile andserveanansweroramotionunderRule 12 within
Date:
Address
E-mail address
Telephone number
Dutyto Avoid UnnecessaryExpensesofServingaSummons
Rule 4oftheFederalRulesofCivilProcedurerequires certain defendants to cooperateinsavingunnecessary expensesofserving a summons
and complaint. Adefendantwho is located in the UnitedStatesandwhofailsto returnasignedwaiverofservicerequestedby aplaintifflocatedin
the UnitedStateswillbe required to pay theexpensesofservice,unlessthedefendantshowsgoodcause forthe failure.
andfile acopy withthecourt. By signingandreturningthewaiverform, youareallowedmoretimeto respondthanifasummonshadbeenserved.
NeilJ. Gillespie
Printedname
forthe
NEILJ. GILLESPIE
)
Plaintiff
)
CLAUDIARICKERT150M,CircuitCourtJudge
)
Defendant
)
NOTICEOFALAWSUITANDREQUESTTOWAIVESERVICEOFA SUMMONS
To: Mr. ChristopherNauman,AssistantGeneralCounsel,ThirteenthJudicialCircuit
(Name ofthedefendantor- ifthedefendantisacorporation,partnership, orassociation- anofficeroragentauthorizedtoreceiveservice)
waiverwithin days(giveatleast30days, oratleast60daysifthedefendantisoutsideanyjudicialdistrictofthe UnitedStates)
Whathappensnext?
issent(seethedatebelow)toanswerthecomplaint(or90daysif thisnoticeis senttoyououtsideanyjudicialdistrictof
theUnitedStates).
Date: 10/30/2010
8092SW115thLoop
Ocala, Florida34481
Address
neilgillespie@mfi. net
E-mailaddress
352-854-7807
Telephonenumber
for the
__________ District of __________
)
)
)
)
)
Plaintiff
v. Civil Action No.
Defendant
To:
Date:
Address
E-mail address
Telephone number
NEIL J. GILLESPIE
CLAUDIA RICKERT ISOM, Circuit Court Judge
NEIL J. GILLESPIE
10/30/2010
CLAUDIA RICKERT ISOM, Circuit Court Judge
Date: 10/30/2010
Printed name
8092SW115thLoop
Ocala, Florida34481
Address
E-mail address
352-854-7807
Telephone number
AO398(Rev. 01/09)NoticeofaLawsuitandRequesttoWaiveServiceof aSummons
forthe
NEILJ.GILLESPIE
Plaintiff
v.
CLAUDIA RICKERT ISOM, individually
Defendant
)
)
)
)
)
(Name ofthe defendant or - ifthe defendant isa corporation, partnership, or association - an officer or agent authorized to receive service)
A lawsuithasbeenfiledagainstyou,ortheentityyourepresent, inthiscourtunderthe numbershownabove.
serviceofasummonsby signingandreturningtheenclosedwaiver. Toavoidtheseexpenses,youmustreturnthesigned
Whathappensnext?
Ifyou return the signed waiver, Iwi11 file it with the court. The actionwi11 then proceed asif you had been served
onthedatethewaiverisfiled, butno summonswill beservedonyouandyouwi11 have60daysfromthedatethisnotice
issent(seethedatebelow)to answerthecomplaint(or90daysifthisnoticeissenttoyououtsideanyjudicialdistrictof
theUnitedStates).
If youdonotreturnthesignedwaiverwithinthetimeindicated,Iwi11 arrangetohavethesummonsandcomplaint
servedonyou. AndIwi11 askthecourttorequireyou,ortheentityyourepresent,topaytheexpensesofmakingservice.
for the
__________ District of __________
)
)
)
)
)
Plaintiff
v. Civil Action No.
Defendant
To:
Date:
Address
E-mail address
Telephone number
NEIL J. GILLESPIE
NEIL J. GILLESPIE
10/30/2010
AO 398(Rev. 01/09)Noticeof aLawsuitand Requestto WaiveServiceof aSummons
forthe
NEILJ.GILLESPIE
)
Plaintif!
)
v. ) CivilActionNo.5: 10-cv-503-oc-WTH-DAB
DAVID A. ROWLAND, CourtCounsel
)
Defendant
)
To: Mr. Christopher Nauman,AssistantGeneralCounsel,ThirteenthJudicial Circuit
Alawsuithasbeenfiledagainstyou,ortheentityyourepresent, inthiscourtunderthe numbershownabove.
astamped,self-addressedenvelopeorotherprepaidmeansforreturningonecopy. Youmay keepthe othercopy.
Whathappensnext?
onthedatethewaiverisfiled, butnosummonswillbe servedonyouandyouwill have60daysfromthedatethisnotice
the UnitedStates).
Icertifythatthisrequestisbeingsenttoyouonthedate below.
Date: 10/30/2010
8092SW115thLoop
Ocala, Florida34481
Address
E-mail address
352-854-7807
Telephone number
for the
__________ District of __________
)
)
)
)
)
Plaintiff
v. Civil Action No.
Defendant
To:
Date:
Address
E-mail address
Telephone number
NEIL J. GILLESPIE
DAVID A. ROWLAND, Court Counsel
NEIL J. GILLESPIE
10/30/2010
DAVID A. ROWLAND, Court Counsel
forthe
NEIL J. GILLESPIE
)
Plaintiff
)
DAVID A. ROWLAND, individually
Defendant
)
)
(Name ofthe defendant or - ifthe defendant is a corporation, partnership, or association - an officer or agent authorized to receive service)
A lawsuithasbeenfiledagainstyou,ortheentityyourepresent, inthiscourtunderthenumbershownabove.
Whathappensnext?
Ifyoureturnthesignedwaiver,Iwillfileitwiththecourt. Theactionwillthenproceedasifyouhadbeenserved
theUnitedStates).
servedonyou. AndIwillaskthecourttorequireyou,ortheentityyourepresent,topaytheexpensesof makingservice.
Date: 10/30/2010
8092 SW 115th Loop
Address
neilgillespie @ mfLnet
E-mail address
352-854-7807
Telephone number
for the
__________ District of __________
)
)
)
)
)
Plaintiff
v. Civil Action No.
Defendant
To:
Date:
Address
E-mail address
Telephone number
NEIL J. GILLESPIE
NEIL J. GILLESPIE
10/30/2010
UNITED STATES DISTRICT COURT - MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION - CASE NO.: 5:10-cv-503-oc-WTH-DAB
Fed. R. Civ. Pro. 4(d) Waiving Service.
1. U.S.P.S. Certified Mail, 7010 0780 0000 8981 6481, to Robert W. Bauer, et al.
Delivered, November 01, 2010, 12:49 pm, GAINESVILLE, FL 32609
2. Fed. R. Civ. Pro. 4(d) Waiving Service, provided for each Defendant:
AO 398 (Rev. 01/09) Notice of a Lawsuit and Request to Waive Service of a Summons
THE LAW OFFICE OF ROBERT W. BAUER, P.A.
ROBERT W. BAUER
3. Duty to Avoid Unnecessary Expenses of Serving a Summons [AO 399 (01/09)]
Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in saving
unnecessary expenses of serving a summons and complaint. A defendant who is located in the
United States and who fails to return a signed waiver of service requested by a plaintiff located
in the United States will be required to pay the expenses of service, unless the defendant shows
good cause for the failure.
Good cause does not include a belief that the lawsuit is groundless, or that it has been brought
in an improper venue, or that the court has no jurisdiction over this matter or over the defendant
or the defendants property.
If the waiver is signed and returned, you can still make these and all other defenses and
objections, but you cannot object to the absence of a summons or of service.
If you waive service, then you must, within the time specified on the waiver form, serve an
answer or a motion under Rule 12 on the plaintiff and file a copy with the court. By signing and
returning the waiver form, you are allowed more time to respond than if a summons had been
served.
Rule 4(m) Time Limit for Service. If a defendant is not served within 120 days after the
complaint is filed, the courton motion or on its own after notice to the plaintiffmust
dismiss the action without prejudice against that defendant or order that service be made
within a specified time. But if the plaintiff shows good cause for the failure, the court
must extend the time for service for an appropriate period. This subdivision (m) does not
apply to service in a foreign country under Rule 4(f) or 4(j)(1).
http://www.law.cornell.edu/rules/frcp/rule_4
6
rADDOCK BRANCH PO
OCALA, Flor;da
344744301
1143840606 -0095
10/30/2010 (352)861-8188 10:13:15 AM
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8.
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LawOfficeofRobertW. Bauer,P.A.
c, 2815NW13
th
Street, Suite200E
Gainesville,FL32609
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AO 398 (Rev. 01/09) Noticeof a Lawsuitand Request to Waive Service of a Summons
forthe
NEILJ. GILLESPIE
Plaintif!
v.
THE LAWOFFICEOFROBERTW. BAUER, PA
Defendant
)
)
)
)
)
CivilActionNo. 5:10-cv-503-oc-wrH-DAB
To: Mr. ROBERTW. BAUER
(Name ofthe defendant or - ifthe defendant isa corporation. portnership. or association - an officer or agent authorized to receive service)
A lawsuithasbeenfiled againstyou,ortheentityyourepresent,inthiscourtunderthe numbershownabove.
Acopyofthecomplaintis attached.
waiverwithin days(give at least 30 days. or at least 60 days ifthe dejendant isoutside anyjudicial district ofthe United States)
Whathappensnext?
onthedatethewaiveris filed, butnosummonswill beservedonyouandyouwill have60daysfromthedatethisnotice
the UnitedStates).
Date: 10/30/2010
8092SW115thLoop
Ocala, Florida34481
Address
E-mail address
352-854-7807
Telephone number
--------
AO 399 (01/09) Waiverof the Service of Summons
forthe
NEIL J. GILLESPIE
)
Plaintiff
)
)
Defendant
)
To: NEIL J.GILLESPIE
Ihavereceivedyourrequestto waiveserviceofasummonsin thisactionalongwithacopyofthecomplaint,
twocopiesofthiswaiverform, andaprepaidmeansofreturningonesignedcopyoftheform toyou.
I, ortheentity Irepresent, agreeto savetheexpenseofservingasummonsandcomplaintinthiscase.
jurisdiction,andthevenueoftheaction,butthatIwaiveany objectionstotheabsenceofasummonsorofservice.
Ialso understandthatI,ortheentityIrepresent,mustfile andserveanansweroramotionunderRule 12 within
60daysfrom 10/30/2010 , thedatewhenthisrequestwassent(or90daysifit was sentoutsidethe
UnitedStates). IfIfail to doso, adefaultjudgmentwillbeenteredagainstmeortheentityIrepresent.
Date:
Address
E-mail address
Telephone number
Rule 4oftheFederalRulesofCivil Procedurerequires certain defendants to cooperateinsaving unnecessary expensesofserving a summons
andcomplaint. Adefendantwho is locatedinthe UnitedStatesandwhofailsto returnasignedwaiverofservicerequestedby aplaintifflocatedin
the UnitedStateswillberequiredtopay the expensesofservice,unlessthedefendantshowsgoodcause for the failure.
"Goodcause"doesnot includeabeliefthatthe lawsuitisgroundless,orthatithasbeenbroughtin an impropervenue,orthatthecourthas
Ifyou waive service, then you must, within the time specified on the waiver form, serve an answeror a motion under Rule12 on the plaintiff
andfile acopywiththecourt. Bysigningandreturningthewaiverform, youareaIlowedmoretimeto respondthanifasummonshadbeenserved.
---------
AO 399(01/09)Waiverofthe ServiceofSummons
for the
NEIL J. GILLESPIE
Plaintiff
)
)
THE LAW OFFICE OF ROBERT W. BAUER, PA
)
Defendant
)
Ihavereceivedyourrequesttowaiveserviceofasummons inthisactionalongwithacopyofthecomplaint,
I, ortheentityIrepresent,agreeto savetheexpenseofservingasummonsandcomplaintin thiscase.
IalsounderstandthatI, ortheentityIrepresent,mustfile andserveanansweroramotion underRule 12 within
60daysfrom 10/30/2010 , thedatewhenthisrequestwassent(or90daysifitwassentoutsidethe
UnitedStates). If!fail to doso, adefaultjudgmentwill beenteredagainstmeortheentityIrepresent.
Date:
Signature ofthe attorney or unrepresented party
THE LAW OFFICE OF ROBERT W. BAUER, PA
Address
E-mail address
Telephone number
Rule4oftheFederalRulesofCivilProcedurerequirescertaindefendantstocooperateinsavingunnecessaryexpensesofservingaswnmons
andcomplaint. Adefendantwhois locatedin the UnitedStatesandwho failsto returnasignedwaiverofservicerequested by aplaintifflocatedin
the UnitedStateswill be requiredtopaytheexpensesof service,unlessthedefendantshowsgoodcause for the failure.
"Goodcause"doesnot includeabeliefthatthe lawsuitisgroundless,orthatithasbeenbroughtin animpropervenue,orthatthecourthas
nojurisdictionoverthismatteroroverthe defendantorthedefendant'sproperty.
aswnmonsorofservice.
andfile acopywiththecourt. Bysigningandreturningthewaiverform,youareallowedmoretimetorespondthanif a summonshadbeenserved.
forthe
NEIL J. GILLESPIE
)
Plaintif!
)
v.
) CivilActionNo. 5:10-cv-503-oc-WTH-DAB
ROBERTW. BAUER
)
Defendant
)
To: Mr. ROBERTW. BAUER
(Name ofthe defendant or - ifthe defendant isa corporation, portnership, or association - an officer or agent authorized to receive service)
A lawsuithasbeenfiledagainstyou,ortheentityyourepresent, inthiscourtunderthenumbershownabove.
Acopyof thecomplaintis attached.
Whathappensnext?
Ifyoureturnthesignedwaiver,Iwillfile itwiththecourt. Theactionwillthenproceedasif youhadbeenserved
onthedatethewaiverisfiled, butno summonswill beservedonyouandyouwillhave60daysfromthedatethisnotice
theUnitedStates).
Date: 10/30/2010
Printed name
8092SW 115thLoop
Ocala, Florida34481
Address
E-mail address
352-854-7807
Telephone number
--------
AO 399(01/09)Waiverofthe ServiceofSummons
forthe
NEIL J. GILLESPIE
Plaintiff
)
)
ROBERTW. BAUER
)
Defendant
)
I, ortheentityIrepresent,agreetosavetheexpenseofservingasummonsandcomplaintin thiscase.
IalsounderstandthatI, ortheentityIrepresent,mustfile andserveanansweroramotionunderRule 12 within
UnitedStates). IfIfail todoso, adefaultjudgmentwill beenteredagainstmeortheentityIrepresent.
Date:
ROBERTW. BAUER
Address
E-mail address
Telephone number
Rule4oftheFederalRulesofCivilProcedurerequirescertaindefendantstocooperateinsavingunnecessaryexpensesofservingasummons
andcomplaint. Adefendantwho is locatedintheUnitedStatesandwho failsto returnasignedwaiverofservicerequestedby a plaintifflocatedin
theUnitedStateswill be requiredtopaytheexpensesof service,unlessthedefendantshowsgoodcauseforthe failure.
"Goodcause"doesnot includeabeliefthatthe lawsuitisgroundless,orthatithas beenbroughtin an impropervenue,orthatthecourthas
Ifthe-waiverissignedandreturned,youcanstillmaketheseandallotherdefensesandobjections,butyoucannotobjecttotheabsenceof
asummonsorof service.
Ifyou waive service, thenyou must, within the time specified on the waiver form, serve an answeror a motion under Rule12 on the plaintiff
andfileacopy withthe court. Bysigningandreturningthewaiverform,youareallowedmoretimeto respondthanifasummonshadbeenserved.
---------
AD 399(01109) Waiverof theServiceof Summons
forthe
NEIL J. GILLESPIE
)
Plaintiff
)
ROBERT W. BAUER
)
Defendant
)
twocopiesofthiswaiverform, andaprepaidmeansofretumingonesignedcopyoftheformtoyou.
IalsounderstandthatI, ortheentityIrepresent,mustfileandserveanansweroramotionunderRule 12within
UnitedStates). IfIfail todoso,adefaultjudgmentwill beenteredagainstmeortheentityIrepresent.
Date:
ROBERT W. BAUER
Address
E-mail address
Telephone number
Rule4ofthe Federal RulesofCivil Procedure requires certain defendants to cooperatein saving unnecessary expensesofserving a summons
andcomplaint. Adefendantwho is locatedintheUnitedStatesandwhofailstoreturnasignedwaiverofservicerequestedbyaplaintifflocatedin
theUnitedStateswillberequiredto paytheexpensesofservice,unlessthedefendantshowsgoodcauseforthe failure.
andfile acopywiththecourt. Bysigningandreturningthewaiverform,youareallowedmoretimetorespondthanifasummonshadbeenserved.
VIA U.P.S. No. 1Z64589FP298464711 May 24, 2013
U.S. Marshal William B. Berger, Sr.
Sam M. Gibbons U.S. Courthouse
801 N. Florida Avenue, 4th Floor
Tampa, FL 33602-4519
Telephone: (813) 483-4200
Dear U.S. Marshal William B. Berger, Sr.:
Hello, how do I hire the U.S. Marshal Service to serve a federal lawsuit, the civil complaint and
summons, on state governments in Florida, located in more than one district, the Middle District
and the Northern District? Several attempts to get this information by telephone were not
successful, calls to the U.S. Marshals Offices in Tampa, Tallahassee, and Washington D.C.
You may respond by letter, or email at my email address below, whichever is the most effective
method consistent the expeditious administration of the business of the courts.
Thank you in advance for the courtesy of a timely response.
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
Ocala, Florida
Telephone: (352) 854-7807
Email: neilgillespie@mfi.net
7
Process

Civil Process
Admiralty
Foreign Process
Hague
Convention on
the Service
Abroad
Injunctions /
Temporary
Restraining
Orders
Juror
Summons
Methods of
Service on
Individuals by
State
Sales
Subpoena
Subpoena
Duces Tecum
Summons and
Complaint
Methods of
Service by State
Waiver of
Service: Pauper
and Seaman
Cases
Warrant of
Arrest in Rem
Writ of
Attachment
Writ of
Assistance
Writ of Body
Attachment
Writ of
Execution
Writ of
Garnishment
Writ of
Sequestration
Writ of Replevin
Service of Process
Summons and Complaint
Summons: Civil summons is a written notification to a party named in a lawsuit directing the
party to appear and defend or answer before the issuing court prior to a specified time. Failure to
appear or answer may allow judgment to be entered against the non-responsive party in favor of
the plaintiff.
Complaint: A complaint is a statement of the jurisdiction of the court, the allegations constituting
the cause of action, and a demand for judgment. This is the first or initial pleading on the part of
the plaintiff.
Territorial Limits: Service of a summons and complaint may be effected within any judicial
district in the United States subject to constitutional and statutory restraints.
Issued By: Upon presentation by the plaintiff, the summons is signed by the clerk of the court and
issued to the plaintiff.
Served By: The summons and complaint may be served by any person who is not a party and is at
least 18 years old. Service is effected by the U.S. Marshal only when specifically ordered by the
court. In general, such court-ordered service will be limited to cases where the plaintiff is
authorized by the court to proceed in forma pauperis, under 28 USC 1915, or as a seaman, under
28 USC 1916. However, in any case, the court has discretion to order service by the U.S. Marshal.
Service in Cases Brought by the United States: When the party seeking service is the United
States, the U.S. Marshal is no longer required to effect service. The United States, like other civil
litigants, is expected to use individuals who are at least 18 years old and not parties to serve its
summons and complaints. Because service by the U.S. Marshal may continue to be appropriate in
certain cases, the Marshal will normally consult with the U.S. attorney about whether the former
should continue to effect service of a summons and complaint on behalf of the United States.
Waiver of Service: It is the responsibility of the defendant to avoid the unnecessary costs of
serving a summons and complaint; therefore, he or she may waive formal service of process by the
plaintiff. If the defendant fails to waive formal service, he or she may have to pay the costs of
obtaining formal service of process on him or her.
For a waiver, the plaintiff must send to the defendant two copies of a Notice of Lawsuit and Request
for Waiver of Service of Summons form along with a copy of a Waiver of Summons form, the
complaint, and a self-addressed, stamped envelope for the return of the Waiver of Summons. The
plaintiff may obtain the forms from the clerk of the court and may send the notice of waiver,
request for waiver form, and complaint to the defendant by any reliable means, including mail,
messenger or fax. The defendant is allowed a reasonable time to return the waiverat least 30
days from the date on which the request for waiver is sent. If the defendant returns the waiver in a
timely fashion (within 30 days if addressed within the United States, 60 days if addressed abroad),
he or she is not required to answer the complaint until 60 days (90 days if addressed abroad) after
the date on which the plaintiff sent the request for waiver and complaint. If the defendant waives
service of a summons, he or she still preserves the right to object to venue or personal jurisdiction.
If the defendant fails to return the request for waiver in a timely fashion, the plaintiff must request
the issuance of a summons and effect formal service on the defendant. The costs incurred in
effecting formal service will be charged to the defendant unless the defendant demonstrates good
cause for his or her failure to waive service. The waiver provision does not apply to several classes
of defendants, and these defendants are not expected to waive service of a summons. The
defendants are infants and incompetent persons; foreign, state and local governments; and the
United States, its agencies, corporations and officers. Consequently, these defendants must be
served with the summons and complaint.
Note: The information related to the service of court process that is contained on this web site is
general information and not intended to be an exhaustive or definitive explanation or depiction of
Federal rules of procedures for the service of process. Readers are directed to the Federal Rules of
Criminal and Civil Procedure; personal legal counsel; the United States Code, Titles 18 and 28;
their local U.S. Attorney's Office and District Court for specific, authoritative guidance.

U.S. Marshals Service, Service of Process, Summons and Complaint http://www.usmarshals.gov/process/summons-complaint.htm
1 of 1 5/23/2013 3:22 PM
8
IN RE: Telephone Conversation
between Neil J. Gillespie and
Deputy Roger Devall, u. s. Marshal.
---------------------------------/
RECEIVED AT: Home Office Telephone Extension
of Neil J. Gillespie
DATE &TIME: June 3, 2013
2:00 p.m.
TRANSCRIBED BY: Michael J. Borseth
Court Reporter
Michael J. Borseth
Court Reporter/Legal Transcription
(813) 598-2703
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1
2 NOTE: Calls on home office telephone
3 extension (352)854-7807 are recorded for
4 quality assurance purposes pursuant to the use
exemption of Florida Statutes chapter 934,
6 section 934.02(4) (a) (1) and the holding of
7 Royal Health Care Servs., Inc. v.
8 Jefferson-Pilot Life Ins. Co., 924 F.2d 215
9 (11th Cir. 1991)
* * * * * * * * * *
11 AUTOMATED OPERATOR: This call is being
12 recorded for quality assurance purposes.
13 MR. GILLESPIE: Hello.
14 DEPUTY DEVALL: Hello, is this Mr. Gillespie?
MR. GILLESPIE: Yes.
16 DEPUTY DEVALL: Mr. Gillespie, this is Deputy
17 Roger Devall with the Marshals in Tampa. How are
18 you doing, sir?
19 MR. GILLESPIE: Okay. I didn't quite catch
your name.
21 DEPUTY DEVALL: This is Deputy Roger Devall
22 with the U.S. Marshals Office in Tampa.
23 MR. GILLESPIE: Okay. Now, I got the
24 Marshals. It's just the names are hard for me to
understand. Roger Devall?
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1 DEPUTY DEVALL: That's correct.
2 MR. GILLESPIE: D-u-v-a-l.
3 DEPUTY DEVALL: D-e-v-a-l-l.
4 MR. GILLESPIE: D-e-v-a-l-l. Okay. Yes, sir,
you're calling about my letter?
6 DEPUTY DEVALL: Yes, sir. I was directed by
7 our deputy up in Ocala who said you had questions
8 on how service is o ~ e
9 MR. GILLESPIE: That's not exactly what I
asked, but go ahead.
11 DEPUTY DEVALL: Well, I'm asking you what
12 exactly is it that you are looking for?
~
13 MR. GILLESPIE: Exactly what's in the letter
14 that I sent to your superior.
DEPUTY DEVALL: And what would that be?
16 MR. GILLESPIE: Okay. I take that to mean you
17 don't have the letter?
18 DEPUTY DEVALL: I've got a digital copy of the
19 letter on my e-mail from them, but if you would
please tell me directly what it is you are looking
21 for.
22 MR. GILLESPIE: How do I hire the U.S. Marshal
23 Service to serve a Federal lawsuit, the complaint
24 and the summons, on State Governments in Florida
located in more than one district, the Middle
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1 District and the Northern District?
2 DEPUTY DEVALL: Okay. Let's start from there.
3 Have you already filed the case with the District
4 Court?
MR. GILLESPIE: I filed a case a couple of
6 years ago. Okay. But I don't have any case
7 pending. When I filed my case several years ago I
8 asked about this at the --
9 DEPUTY DEVALL: Well, I'm going to explain
it
11 MR. GILLESPIE: Clerks Office.
12 DEPUTY DEVALL: to you. I'm just trying to
13 take it one step at a time.
14 MR. GILLESPIE: Okay. Well, I'm giving you
some background. I was told that you don't serve
16 it. Then while looking on some Federal statutes --
17 DEPUTY DEVALL: No, it's --
18 MR. GILLESPIE: in the last couple weeks, I
19 found that you do serve it, so there's a conflict
here.
21 DEPUTY DEVALL: If there is a Federal case
22 pending, once you go ahead and go to -- I'm
23 assuming you would go to the District Court up in
24 Ocala?
MR. GILLESPIE: I'm not sure how that's going
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1 to go.
2 DEPUTY DEVALL: Well, no, what I'm saying,
3 though, is you would go to the district -- to file
4 your case you would go -- likely go -- according to
I guess your address,
6 Florida.
7 MR. GILLESPIE:
8 Ocala Division.
9 DEPUTY DEVALL:
District of Florida,
you live up in Ocala,
I'm in the jurisdiction of the
That would be the Middle
the Ocala Division. So that's
11 correct, it's still Middle District of Florida.
12 I'm just saying that that is the office that you
13 would go to.
14 MR. GILLESPIE: The Ocala Division.
DEPUTY DEVALL: Correct.
16 MR. GILLESPIE: Here's the problem with the
17 Ocala Division; there's no Federal Judge there.
18 Okay.
19 DEPUTY DEVALL: There's still a Clerks Office
and you should still be able to file your suit
21 there through the Clerks Office.
22 MR. GILLESPIE: Well, that's -- technically,
23 that's true. But the case is not going to be

1.
24 prosecuted properly for a whole number of reasons,
which I would be happy to go into, but it's really
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1 not answering my question of how I hire the Marshal
2 Service.
3 DEPUTY DEVALL: Well, Mr. Gillespie, without
4 an open case you can't get us to serve anything.
Once you -- here's how it works; once you go
6 through the Clerks Office there and open your
7 case
8 MR. GILLESPIE: Uh-huh.
9 DEPUTY DEVALL: -- they will go ahead and
either you can also file paperwork declaring
11 indigency or not. The Magistrate Judge up there
12 will either approve that or not. Let's say for a
13 second, just for example purposes, that he does
14 not. The way that you do this is once your case is
opened up you would get the summons and the
16 complaint for each entity that you want served.
17 MR. GILLESPIE: Right.
18 DEPUTY DEVALL: Let's say there's -- and
19 again, I'm just using this as an example, I don't
know specifically how many you have. But let's
21 just say for example purposes that you have three
22 entities that you want served. You would get three
23 copies of the summons, three copies of the
24 complaint. You would get nine copies of our
USM-285. That's our proof of service document.
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You would need three copies for each entity that
you want served. Okay?
MR. GILLESPIE: Uh-huh.
DEPUTY DEVALL: Once you get all those
together and you got the summons from the Court
that's got the, you know, the clerk's seal and
everything on it, on each of the summons.
DEPUTY DEVALL: You would take that to the
Marshals Office.
MR. GILLESPIE: Where is the Marshal's Office?
DEPUTY DEVALL: There is one up there in the
Ocala Division.
MR. GILLESPIE: There is?
DEPUTY DEVALL: Yes.
MR. GILLESPIE: Because I wrote to them last
year and they never responded.
DEPUTY DEVALL: I can't speak to that, I'm not
up -- I'm down in the Tampa Office.
DEPUTY DEVALL: So I can't speak to what was
going on up there. See, the first hurdle you have
to get over is getting the Clerks Office and
getting your case filed. If you can't get a case
filed with the Clerks Office, then there is nothing
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to bring the Marshals. But let me get past that
for a second, back to what I said. Once, if
your -- once your case gets filed, like I said, you
bring three copies of the summons and the complaint
to the U.s. Marshals, and you also bring a deposit
check. Okay?
MR. GILLESPIE: How much?
DEPUTY DEVALL: It depends. If it's -- the
stuff is local, and it's not to be mailed, then
it's generally $55 per deputy per hour, plus round
trip mileage. Anything that has to be mailed is $8
per item mailed.
MR. GILLESPIE: Okay. Because the thing's in
the Middle District, it's going to be in Tampa.
DEPUTY DEVALL: Then you would probably
MR. GILLESPIE: Or the Tampa suburbs.
DEPUTY DEVALL: Then you would probably you
could probably submit the paperwork down to my
office here in Tampa.
MR. GILLESPIE: And the things in the Northern
District, it's going to be in Gainesville
DEPUTY DEVALL: Right, but here's --
MR. GILLESPIE: -- and Tallahassee.
DEPUTY DEVALL: All right. But listen to me,
here's the thing, here's how this works. And I
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have to explain this to attorneys, too, because
2 sometimes they don't get it either.
4 DEPUTY DEVALL: Your -- if your case, since
it's filed in the Middle District, you still send
6 the paperwork, even if it's to be served in
7 northern Florida, you would still send that
8 paperwork to my office.
9 MR. GILLESPIE: Right. And then you would
forward it.
11 DEPUTY DEVALL: And then I would forward it to
12 the other office and have them serve it.
13 MR. GILLESPIE: Okay. Got it. So here is the
14 problem. I filed a Federal lawsuit September 28 of
2010. I was told by the Clerk in Ocala that the
16 Marshal does not, and cannot, and will not serve a
17 s u o s ~ So I didn't pursue it further at that
18 point.
19 Now I find out from reading the Federal
statute that that office lied to me. Okay. That,
21 you know, was a problem with the case.
22 DEPUTY DEVALL: All right. Mr. Gillespie, I
23 have no knowledge of that. I don't know what or
24 who you spoke to or what this was regarding.
MR. GILLESPIE: Mary Jo Taylor.
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1 DEPUTY DEVALL:
2 about that.
3 MR. GILLESPIE:
4 you the background.
DEPUTY DEVALL:
6 MR. GILLESPIE:
Again, I don't know anything
That's fine. I'm just giving
Okay. I'm trying to
Because I'm going to take your
7 information and I'm going to take it and put it all
8 together, it's going to go to the U.S. Attorney and
9 maybe they can sort it out. I'm just gathering
information now. Because I'm not going to file
11 another lawsuit until I know exactly, you know,
12 what has to be done. And I can't rely on what
13 people say in the Clerks Office because they're
14 trying to protect their crony buddies.
DEPUTY DEVALL: Well, here's the thing,
16 Mr. Gillespie, you got to understand first that you
17 have to get a case filed first before you can even
18 corne to the Marshals with something to serve.
19 MR. GILLESPIE: Yes, I know that.
DEPUTY DEVALL: Okay. As long as you
21 understand that.
22 MR. GILLESPIE: But before I file the case I
23 want to know what the procedure is.

24 DEPUTY DEVALL: And I understand.
MR. GILLESPIE: I don't want to file
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1 and then spend two or three or four months trying
2 to figure out what to do. I want to have that
3 information in advance, so when the case is filed I
4 know exactly what to do from that point forward.
That is why I am calling you. Sorry for any
6 confusion.
7 DEPUTY DEVALL: No, no, no, like I said, if I
8 can answer your questions on how the Marshal
9 Service serves things, I have no problem answering
those questions for you.
11 MR. GILLESPIE: I believe this could also be
12 served by a private service -- server, process
13 server, and I did contact some of them, but --
14 DEPUTY DEVALL: As far as I know I believe
that's correct. As long as they're -- as long as I
16 think they're of age, I believe that's correct, it
17 sounds right.
18 MR. GILLESPIE: But I'm getting a lot of
19 pushback, you know, on this issue. I had assumed
that the U.S. Marshal Service would be more
21 professional and a better use to get effective
22 service, but I am getting the kind of pushback that
23 would indicate that might be -- that might not be
24 accurate.
DEPUTY DEVALL: Well, sir, I disagree. I
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don't believe that's the case. I believe what
2 there is that there is probably confusion about
3 what exactly what it is that you're asking for.
DEPUTY DEVALL: And I think -- and I think
6 part of the confusion is the fact that they're
7 wondering whether or not you have a pending case.
8 And if you've got a pending case, then we should be
9 able to go forward with that. And if not, then,
then probably what they're saying is they're
11 probably saying that they can't help you because
12 you don't have a case. Once you have your case
13 filed, then we can go forward with, you know, I
14 guess you're going to the Clerks Office to get the
summons and complaint issued to have us serve
16 those.
17 MR. GILLESPIE: Yeah, but the thing is, I'm
18 not asking for help or action, I'm asking for
19 information.
DEPUTY DEVALL: No, I understand that.
21 MR. GILLESPIE: Okay. So that doesn't that
22 should not -- your information should not turn on
23 whether I actually have a case filed or not.
24 DEPUTY DEVALL: Well, actually, yes, sir, it
does. Because what you're asking is how do you go
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1 about hiring the Marshal Service to serve these
2 documents and that's what I am explaining.
3 MR. GILLESPIE: Okay. Well, maybe I phrased
4 it wrong. I want information on how to do this.
DEPUTY DEVALL: Okay. No, and, you know,
6 that's fine, I don't have a problem answering that
7 and that's what I just explained to you is kind of
8 how the process works, at least as far as the
9 Marshal Service is concerned.
MR. GILLESPIE: Uh-huh. Okay. Can I get any
11 kind of response in writing?
12 DEPUTY DEVALL: No, sir, I don't give
13 responses in writing, that's why I'm calling you
14 right now so I can explain to you how that method
works.
16 I just had a lady from Sarasota that called me
17 several times asking a very similar process,
18 although her's was all mail. If you have any
19 questions on what to do, I mean, I can't give you
legal advice, I'm not an attorney, but if it just
21 comes to having stuff served, by all means, I can
22 give you my desk number and feel free to call me.
23 MR. GILLESPIE: All right. Because these
24 defendants are going to -- they're going to be hard
to serve.
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1 DEPUTY DEVALL: As long as you have their
2 addresses and names, that shouldn't be an issue.
3 MR. GILLESPIE: Well, they're Judges, so I'm
4 sure you have the names.
DEPUTY DEVALL: Well, then you need to
6 check -- well, you need to be careful and check
7 make sure you check Federal local rules, although
8 these aren't subpoenas that you're getting, so that
9 may not be -- I would probably speak to an attorney
then, because I can't speak to the legal aspect of
11 it. You might have issues getting summons --
12 summons issued by the Clerks court for Judges.
13 MR. GILLESPIE: Uh-huh. They're Judges and
14 other officials, like an ADA Coordinator and a
General Counsel --
16 DEPUTY DEVALL: Okay.
17 MR. GILLESPIE: -- down In the Thirteenth
18 Circuit.
19 DEPUTY DEVALL: Again, for stuff like that you
will probably need to speak to an attorney to see
21 how that works.
22 MR. GILLESPIE: Yeah, I have spoken to
23 attorneys. Okay. That is not the answer.
" __ _ ~ I
..,
24 DEPUTY DEVALL: Well, sir, that is the only
answer that I can give you. As far as just
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1 service, I have explained to you how that works.
2 MR. GILLESPIE: Okay.
3 DEPUTY DEVALL: But when it comes to certain
4 legal aspects of it, you're going to need to speak
to an attorney because I'm not an attorney, and I
6 can't give you legal advice.
7 MR. GILLESPIE: So are you saying that you're
8 not able to serve Judges, you know, State Court
9 Judges?
DEPUTY DEVALL: I'm saying that if you get the
11 case filed and you can get the summons and the
12 complaints issued, we can serve them.
13 MR. GILLESPIE: Yeah. Well, getting the
14 summons issued, that's another problem people have.
DEPUTY DEVALL: Well, sir, that is something
16 that you're going to need to take up with the
17 Clerks Office.
18 MR. GILLESPIE: Uh-huh. Okay. Well, I
19 appreciate your information.
DEPUTY DEVALL: You're welcome, Mr. Gillespie.
21 MR. GILLESPIE: Thank you.
22 DEPUTY DEVALL: Have a good day. Bye.
23 (Whereupon, the above conversation was
24 concluded. )
Michael J. Borseth
(813) 598-2703
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C-E-R-T- I -F- I -C-A-T-E
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
I, Michael J. Borseth, Court Reporter
for the Circuit Court of the Thirteenth Judicial
Circuit of the State of Florida, in and for
Hillsborough County, DO HEREBY CERTIFY, that I was
authorized to and did transcribe a wave file of
the proceedings and evidence in the above-styled cause,
as stated in the caption hereto, and that the foregoing
pages constitute an accurate transcription of the wave
file recording of said proceedings and evidence, to the
best of my ability.
IN WITNESS WHEREOF, I have hereunto set my hand
in the City of Tampa, County of Hillsborough, State of
Florida, this 30 June 2013.
MICHAEL J. BORSETH, Court Reporter
Michael J. Borseth
(813) 598-2703
Mullerin v Hayter alleges a Florida state court operated as a corrupt RICO enterprise. The
Plaintiff alleged a Florida court deprived her of rights under 42 U.S.C. 1983 through a pattern of
racketeering activity to benefit a local attorney and law firm that used the court for asset
stripping - to obtain fraudulent court orders requiring money or property to be transferred from
the true owners - persons targeted by the enterprise - to the law firm and its clients. The suit
alleges the Alachua County Florida court was not operated in an effective and expeditious
manner for which it was created by statute - but as a corrupt RICO enterprise for the private
benefit of the law firm and its clients. This case also shows the District Clerk would not issue
summons in a lawsuit against Florida judges. A composite of documents is posted on Scribd:
http://www.scribd.com/doc/163229364/Sonja-Mullerin-v-J ohn-Hayter-1-12-Cv-190
Case: Sonja Mullerin v J ohn Hayter, et al.,1:12-cv-00190-SPM-GRJ
U.S. District Court, Northern District, Florida - case filed August 20, 2012
Plaintiff - Sonja Mullerin, UF grad student in a landlord-tenant dispute. The Plaintiff was
previously an attorney licensed in Colorado but not licensed in Florida.
Defendants -J ohn Hayter, a Florida licensed attorney ID 275141.
J ohn F. Hayter, Attorney At Law, P.A., 704 NE 1st St., Gainesville, Florida 3260-15303
J udith Yesha Brill, individual, the landlord, and client of J ohn Hayter.
David Kreider is a judge of the Alachua County Court in his individual capacity.
[David Philip Kreider is a member of the judiciary and The Florida Bar, ID 961248]
Denise Ferrero is a judge of the Alachua County Court in her individual capacity.
[Denise Rae Ferrero is a member of the judiciary and of The Florida Bar, ID 971944]
Debbie Spivey, individual, and J udge Kreider's judicial assistant.
Doc. 16. First Amended Complaint, Civil RICO, 42 U.S.C. 1983, October 18, 2012.
Doc. 19. Motion for Order Directing Issuance of Summons, October 30, 2012.
Doc. 20. Letter to U.S. J udge Stephan P. Mickle, re summons, November 15, 2012.
Doc. 21. Order, Gary R. J ones, U.S. Magistrate J udge, in part below...J anuary 15, 2013.
Plaintiff alleges violations of the Racketeering Influenced and Corrupt Organization Act
(RICO), 18 U.S.C. 1961-1968 and of her civil rights under 42 U.S.C. 1983. Plaintiffs
claims stem from state civil court proceedings involving a dispute with her landlord. She
contends that her landlord and her landlords attorney violated RICO by using the courts to strip
Plaintiff of her assets and that the attorney, three state court judges, and a judicial assistant
conspired to obstruct justice and violate Plaintiffs civil rights. The state court proceedings were
pending at the time Plaintiff filed her complaint. Plaintiff requests damages, permanent
injunctive relief, and attorneys fees....
Doc. 23. Order, dismissed w/o prejudice, U.S. Magistrate J udge Gary R. J ones, March 4, 2013.
Sonja Mullerin v J ohn Hayter, et al.,1:12-cv-00190-SPM-GRJ
Florida state court alleged to operate as a RICO enterprise
District Clerk would not issue summons for Florida judges
10
Case 1:12-cv-00190-SPM-GRJ Document 16 Filed 10/18/12 Page 1 of 13
Case 1:12-cv-00190-SPM-GRJ Document 19-1 Filed 10/30/12 Page 1 of 1
Page 1 of 3
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
SONJA MULLERIN,
Plaintiff,
v. CASE NO. 1:12-cv-190-SPM-GRJ
JOHN HAYTER, et al.,
Defendants.
_____________________________/
ORDER
This matter is before the Court on Plaintiffs Motion for Order Directing Issuance
of Summonses (Doc. 19). Plaintiff, proceeding pro se, has also written a letter to the
Court regarding her case. (Doc. 20).
Plaintiff alleges violations of the Racketeering Influenced and Corrupt
Organization Act (RICO), 18 U.S.C. 1961-1968 and of her civil rights under 42
U.S.C. 1983. Plaintiffs claims stem from state civil court proceedings involving a
dispute with her landlord. She contends that her landlord and her landlords attorney
violated RICO by using the courts to strip Plaintiff of her assets and that the attorney,
three state court judges, and a judicial assistant conspired to obstruct justice and violate
Plaintiffs civil rights. The state court proceedings were pending at the time Plaintiff filed
her complaint. Plaintiff requests damages, permanent injunctive relief, and attorneys
fees. (Doc. 16.)
Plaintiff was previously denied leave to proceed in forma pauperis (Docs. 14, 17)
and subsequently paid the full filing fee (Doc. 15). In her Motion for Order Directing
Issuance of Summonses (Doc. 19), Plaintiff advises the Court that she asked the Clerk
Page 2 of 3
to issue summonsesthough she did not present the Clerk with completed summons
formsand the Clerk refused, telling Plaintiff she would need a court order to proceed
with service. Plaintiff requests the Court to issue an order directing the Clerk to issue
summonses for defendants in this case. Shortly thereafter, Plaintiff wrote a letter
addressed to the District Judge explaining that her only remedy would be to go to the
Eleventh Circuit Court of Appeals with a request for mandamus, but she would be
agreeable to voluntarily dismissing her case if the Court refunded her $350.00 filing fee.
(Doc. 20).
Plaintiff is advised that she may voluntarily dismiss the instant action pursuant to
Rule 41(a)(1). Such a dismissal could be effected without order of the court and would
be without prejudice. However, Plaintiff would not be entitled to a refund of her $350.00
filing fee. Plaintiff is also concerned that a voluntarily dismissal of this case would be
considered a previous dismissal under Rule 41 if she should initiate the suit in the
future and attempt to voluntarily dismiss that suit. Pursuant to Rule 41, that would be
the effect and a second voluntary dismissal of the same claims would operate as an
adjudication on the merits. Voluntary dismissal of the instant case would be without
prejudice and would not be considered an adjudication on the merits.
Given this clarification, Plaintiff will be given 14 days to advise the Court whether
she wishes to pursue this case or file a notice of voluntary dismissal. Meanwhile, a
1
ruling on Plaintiffs motion to direct issuance of summonses will be deferred.
Upon due consideration, it is ORDERED:
If Plaintiff wishes to pursue this case, before summonses will be issued the Court will address
1
whether this case should be dismissed in its entirety for lack of subject matter jurisdiction and for failure to
state a claim.
Case No: 1:12-cv-190-SPM-GRJ
Page 3 of 3
1. Ruling on Plaintiffs Motion for Order Directing Issuance of Summonses (Doc.
19) is DEFERRED.
2. Plaintiff has until on or before January 29, 2013 to advise the Court of
whether she intends to pursue this case or file a notice of voluntary dismissal of
the instant action.
DONE AND ORDERED this 15 day of January 2013.
th
s/Gary R. Jones
GARY R. JONES
United States Magistrate Judge

Page 1 of 2
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
SONJA MULLERIN,
Plaintiff,
v. CASE NO. 1:12-cv-190-SPM-GRJ
JOHN HAYTER, et al.,
Defendants.
_____________________________/
ORDER
This matter is before the Court on Plaintiffs Notice of Dismissal. (Doc. 22.)
Pursuant to the Courts January 15, 2013 Order (Doc. 21) directing Plaintiff to advise
the Court of whether Plaintiff intends to pursue this case or file a notice of voluntary
dismissal, Plaintiff has filed a Notice of Dismissal providing notice that the case is
dismissed. Although Plaintiff characterizes the dismissal as an involuntary dismissal the
dismissal constitutes a voluntary dismissal under Rule 41(a)(1)(A) of the Federal Rules
of Civil Procedure. Pursuant to Rule 41(a)(1)(A) a plaintiff may dismiss an action
without court order by filing: (I) a notice of dismissal before the opposing party serves
either an answer or a motion for summary judgment. The Rule provides that the
dismissal is without prejudice. The notice of dismissal is self-executing without further
court action.
Accordingly, this case is dismissed without prejudice and the Clerk is directed to
Page 2 of 2
close the case and terminate all pending motions .
DONE AND ORDERED this 4 day of March 2013.
th
s/Gary R. Jones
GARY R. JONES
United States Magistrate Judge

CLOSED,CLERK_1,JYDMD,ProSeNonPrisonerCase
U.S. District Court
Northern District of Florida (Gainesville)
CIVIL DOCKET FOR CASE #: 1:12-cv-00190-SPM-GRJ
MULLERIN v. HAYTER et al
Assigned to: SENIOR JUDGE STEPHAN P MICKLE
Referred to: MAGISTRATE JUDGE GARY R JONES
Cause: 18:1961 Racketeering (RICO) Act
Date Filed: 08/20/2012
Date Terminated: 03/04/2013
Jury Demand: Plaintiff
Nature of Suit: 470 Racketeer/Corrupt
Organization
Jurisdiction: Federal Question
Plaintiff
SONJA MULLERIN represented by SONJA MULLERIN
PO BOX 358378
GAINESVILLE, FL 32635
PRO SE
V.
Defendant
JOHN HAYTER
AN INDIVIDUAL
Defendant
JUDITH YESHA BRILL
AN INDIVIDUAL
Defendant
DAVID KREIDER
JUDGE OF THE ALACHUA COUNTY
COURT IN HIS INDIVIDUAL CAPACITY
Defendant
DENISE FERRERO
JUDGE OF THE ALACHUA COUNTY
COURT IN HER INDIVIDUAL CAPACITY
Defendant
DEBBIE SPIVEY
AN INDIVIDUAL
Date Filed # Docket Text
08/20/2012 1 COMPLAINT against JUDITH YESHA BRILL, DENISE FERRERO, JOHN HAYTER,
DAVID KREIDER, DEBBIE SPIVEY, filed by SONJA MULLERIN. (No service
CM/ECF - U.S. District Court:flnd https://ecf.flnd.uscourts.gov/cgi-bin/DktRpt.pl?248776526799154-L_1_0-1
8/19/2013 9:42 AM 1 of 4
copies received, no fee paid, motion for IFP received) (kdm) (Entered: 08/20/2012)
08/20/2012 2 MOTION for Leave to Proceed in forma pauperis by SONJA MULLERIN. (Affidavit
of Financial Status attached) (kdm) (Entered: 08/20/2012)
08/20/2012 3 MOTION to File 2 MOTION for Leave to Proceed in forma pauperis Under Seal by
SONJA MULLERIN. (kdm) (Entered: 08/20/2012)
08/20/2012 4 VERIFIED APPLICATION/MOTION for Temporary Restraining Order AND
Preliminary Injunction by SONJA MULLERIN. (Attachments: #1 Proposed Temporary
Restraining Order) (kdm) (Entered: 08/20/2012)
08/20/2012 5 CERTIFICATE OF NOTICE/SERVICE by SONJA MULLERIN re 1 Complaint, 4
VERIFIED APPLICATION/MOTION for Temporary Restraining Order AND
Preliminary Injunction. (kdm) (Entered: 08/20/2012)
08/20/2012 6 Notice to Pro Se. Mailed to: SONJA MULLERIN, PO BOX 358378, GAINESVILLE,
FL 32635. (kdm) (Entered: 08/20/2012)
08/20/2012 ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE
JUDGE GARY R JONES notified that action is needed Re: 1 COMPLAINT, (No
service copies received, no fee paid, motion for IFP received), 2 MOTION for Leave to
Proceed in forma pauperis, (Affidavit of Financial Status attached), 3 MOTION to File
MOTION for Leave to Proceed in forma pauperis Under Seal, 4 VERIFIED
APPLICATION/MOTION for Temporary Restraining Order AND Preliminary
Injunction, 5 CERTIFICATE OF NOTICE/SERVICE. Referred to GARY R JONES.
(kdm) (Entered: 08/20/2012)
08/21/2012 8 REPORT AND RECOMMENDATION - It is recommended that Plaintiffs motion for a
temporary restraining order (Doc. 4 ) be DENIED. R&R flag set. Signed by
MAGISTRATE JUDGE GARY R JONES on 8/21/2012. Internal deadline for referral to
district judge if objections are not filed earlier: 9/18/2012. (kdm) (Entered: 08/22/2012)
09/04/2012 9 OBJECTION to Magistrate's 8 Report and Recommendations by SONJA MULLERIN.
(kdm) (Entered: 09/05/2012)
09/04/2012 10 RENEWED AND AMENDED APPLICATION/MOTION for Preliminary Injunction
by SONJA MULLERIN. (kdm) (Entered: 09/05/2012)
09/04/2012 11 RENEWED MOTION to File Under Seal, re 3 MOTION to File 2 MOTION for Leave
to Proceed in forma pauperis by SONJA MULLERIN. (kdm) (Entered: 09/05/2012)
09/05/2012 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE
STEPHAN P MICKLE notified that action is needed Re: 9 OBJECTION to Magistrate's
8 Report and Recommendations, 10 RENEWED AND AMENDED
APPLICATION/MOTION for Preliminary Injunction, 11 RENEWED MOTION to File
Under Seal, re 3 MOTION to File 2 MOTION for Leave to Proceed in forma pauperis.
(kdm) (Entered: 09/05/2012)
09/13/2012 12 SEALED ORDER. Signed by SENIOR JUDGE STEPHAN P MICKLE on 9/13/2012.
(kdm) (Entered: 09/13/2012)
09/14/2012 13 ORDER adopting 8 Report and Recommendation; denying 4 VERIFIED
APPLICATION/MOTION for Temporary Restraining Order AND Preliminary
Injunction. Signed by SENIOR JUDGE STEPHAN P MICKLE on 9/14/2012. (kdm)
(Entered: 09/14/2012)
8/19/2013 9:42 AM 2 of 4
JUDGE GARY R JONES notified that action is needed Re: 13 ORDER adopting 8
Report and Recommendation. (kdm) (Entered: 09/14/2012)
10/02/2012 14 REPORT AND RECOMMENDATION - It is recommended that pursuant to 28 U.S.C.
1915(a)(1), Plaintiffs motion for leave to proceed in forma pauperis (Doc. 2 ) should
be DENIED and Plaintiff should be directed to file the $350.00 filing fee, failing which
this case should be dismissed without further notice. Signed by MAGISTRATE JUDGE
GARY R JONES on 10/2/2012. Internal deadline for referral to district judge if
objections are not filed earlier: 10/30/2012. (kdm) (Entered: 10/03/2012)
10/18/2012 15 CIVIL Filing fee: $ 350.00, receipt number 1-1789. Fee status updated to paid. (kdm)
(Entered: 10/18/2012)
10/18/2012 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE
STEPHAN P MICKLE notified that action is needed Re: 15 CIVIL Filing Fee
Received, re 14 REPORT AND RECOMMENDATION re 2 MOTION for Leave to
Proceed in forma pauperis. (kdm) (Entered: 10/18/2012)
10/18/2012 16 FIRST AMENDED COMPLAINT against JUDITH YESHA BRILL, DENISE
FERRERO, JOHN HAYTER, DAVID KREIDER, DEBBIE SPIVEY, filed by SONJA
MULLERIN. (No service copies received) (Parties will be updated only after the court
has reviewed the amended complaint and specifically directed the Clerk to add the
additional parties reflected in the amended complaint) (kdm) (Entered: 10/18/2012)
JUDGE GARY R JONES notified that action is needed Re: 16 FIRST AMENDED
COMPLAINT (No service copies received). (kdm) (Entered: 10/18/2012)
10/19/2012 17 ORDER ADOPTING 14 REPORT AND RECOMMENDATION; denying 2 Motion for
Leave to Proceed in forma pauperis. Signed by SENIOR JUDGE STEPHAN P
MICKLE on 10/19/2012. (kdm) (Entered: 10/19/2012)
JUDGE GARY R JONES notified that action is needed Re: 17 ORDER ADOPTING 14
REPORT AND RECOMMENDATION. (kdm) (Entered: 10/19/2012)
10/23/2012 18 ORDER DENYING 10 RENEWED AND AMENDED APPLICATION FOR
PRELIMINARY INJUNCTION. Signed by SENIOR JUDGE STEPHAN P MICKLE on
10/23/2012. (kdm) (Entered: 10/23/2012)
10/30/2012 19 MOTION For Order Directing Issuance of Summonses by SONJA MULLERIN.
(Attachments: #1 Cover Letter) (kdm) (Entered: 10/30/2012)
JUDGE GARY R JONES notified that action is needed Re: 19 MOTION For Order
Directing Issuance of Summonses. Referred to GARY R JONES. (kdm) (Entered:
10/30/2012)
11/15/2012 20 Letter titled "Dear Judge Mickle" from SONJA MULLERIN (kdm) (Entered:
11/15/2012)
JUDGE GARY R JONES notified that action is needed Re: 20 Letter titled "Dear Judge
Mickle" from SONJA MULLERIN. (kdm) (Entered: 11/15/2012)
8/19/2013 9:42 AM 3 of 4
01/15/2013 21 ORDER deferring 19 MOTION For Order Directing Issuance of Summonses. (Advise
the Court of whether she intends to pursue this case or file a notice of voluntary
dismissal - on or before 1/29/2013). Signed by MAGISTRATE JUDGE GARY R JONES
on 1/15/2013. (kdm) (Entered: 01/15/2013)
01/29/2013 22 NOTICE of Dismissal by SONJA MULLERIN. (kdm) (Entered: 01/29/2013)
JUDGE GARY R JONES notified that action is needed Re: 22 Notice of Dismissal, re
21 Order. (kdm) (Entered: 01/29/2013)
03/04/2013 23 ORDER, re 22 NOTICE of Dismissal. Signed by MAGISTRATE JUDGE GARY R
JONES on 3/4/2013. Accordingly, this case is dismissed without prejudice and the Clerk
is directed to close the case and terminate all pending motions. (kdm) (Entered:
03/05/2013)
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ALISONMAYNARD
PERSONALINFORMATION
Address: 2075 S. UniversityBlvd.,#D-264,Denver,CO 80210
Tel: (303)758-7038
E-mailaddress:dinophile@gmail.com
ACADEMIC DEGREES:
JurisDoctor
Univ. ofDenverCollegeof Law
December1986
Denver,Colorado
BachelorofArts
CornellUniversity
May 1976
CollegeofArtsandSciences
Major: physics
Ithaca,NewYork
(Havealsotaken57hoursinbiologyandchemistryatUniv. ofColoradoDenver,
with3.89GPA;4.0GPAinbiologycoursesalone.)
LAW-RELATEDWORKEXPERIENCE
Private Practice (1991 - present): Litigationpractice in the areas ofwaterand land use
law, including trial, appellate, and administrative work. Clients have included citizens' groups,
nonprofit corporations, homeowners' associations, individuals, the Town ofCrested Butte, and
Chaffee County Board of County Commissioners. Formed the Center of Colorado Water
Conservancy District in Park County, Colorado; was an on-call hearing officer for the Colo.
Dept.ofEducationinspecialeducationdueprocesshearingsfrom 1991-2000.
Contract City Attorney, Craig, Colorado (March 1993 - April 1994): Advised City
Council and staff on municipal issues, including real estate, contracts, personnel matters,
insurance, planning and zoning, ditch and water rights, elections, and tort liability; prosecuted
municipalordinanceviolationsandbuildingabatementandappealsproceedings.
AssistantAttorneyGeneral, StateofColorado(February 1989- July 1991): Represented
Colorado State Engineer, Division of Wildlife, Colorado Water Conservation Board, and
DivisionofParks and OutdoorRecreation in waterrights adjudications, changesofwaterrights,
plans for augmentation, instream flow applications, and administrative hearings over
groundwaterpermits.
Deputy District Attorney, 22
nd
Judicial District (June 1988 - January 1989): Prosecuted
misdemeanorsinthetwocountycourtsinthedistrict(inCortezandDoveCreek)anddidmotion
andpreliminaryhearingsin felonycases.
Legal Research Associate, Colorado Municipal League (January 1985 - December 1986):
Responded to legal inquiries from municipal officials across the state. Updated three legal
handbooks for municipal officials published by the League on liquor licensing laws, election
laws, and clerks' responsibilities; researched and drafted proposed legislation of interest to
municipalofficials.
Alison Maynard
Page 2
PUBLICATIONS
- "Deconstructing a Water Project," 2 Univ. of Denver Water Law Rev. 227-66 (1999)
- "Divested Water Rights: The Legal Status of Instream Flow Decrees in Colorado,"
18 D.V. Water Court Reporter 9 (Spring/Summer 1996)
- "The Reuse Right in Colorado Water Law: A Theory of Dominion," 68 D.U. Law Rev.
413 (1991)
- "Private Parts in Public Places," Colorado Municipalities (Sept./Oct. 1985)
- Several articles on subjects of interest to women lawyers for Colorado Women's Bar
Ass'n newsletter, 1990-95.
POLITICAL ACTIVITIES/PROFESSIONAL AFFILIATIONS
Green Party candidate for Colorado Attorney General, 2002; Green Party State Co-chair, April
2003 - April 2004 and State Secretary, Jan. - June 2002; Secretary-Historian, Marsh Inn of Court
(2001-02); member, Marsh Inn of Court, 1997 - 2003; member, Colorado Bar Ass'n Ethics
Committee, 1993-97; member Colorado Bar Ass'n, Denver Bar Ass'n, Colo. Trial Lawyers'
Ass'n, Colorado Women's Bar Ass'n, Colo. Women's Agenda, variously from 1988 on.
MISCELLANEOUS
Summary of non-law-related enlployment:
Radio Announcer KVOD Radio
April 1986 - May 1988 Denver, Colorado
Research and Processing Geophysicist! C.G.G./Berrong Enterprises/ and
Seismic Permit Agent! Jr. Observer Norpac Exploration,
(1980 - 83 and summer 1984) all in Denver
Ass'! Scientist, Elec. Appliances Div. South African Bureau of Standards
June 1977 - June 1978 Pretoria, South Africa
Have judged several moot court competitions at D.V. College of Law. Invited speaker at Colo.
State University's "Distinguished Speaker Series," Gunnison Water Workshop, and Green
Building Council's national conference. Completed 10-week CLE in Real Estate Law and 3-day
NITA course in deposition skills, 1994. Mayoral appointee, Metro Denver Wastewater Reel.
Dist. Bd of Directors, 1984-88. L.S.A.T. score: 98
th
percentile. G.R.E. scores (1979): 97
th
percentile, math; 96
th
percentile, verbal; (2007): 99
th
percentile verbal; 74
th
percentile math.
Nat'l Merit Finalist and four-year scholarship winner, 1972. Nat'l Council of Teachers of
English award, 1971. Member, Opera Colorado Chorus and Colorado Symphony Orchestra
chorus at various times from 1988 to present. Member, Colorado Mountain Club.
AlisonMaynard
SummaryofCivilLitigationandAppellateExperience
On July 5, 2007, obtained a ruling fron1 the Colorado Court ofAppeals that my clients
George and PatriciaBarillawere entitled to damages and attorney fees for tenyearsoflitigation
overa road bulldozedacross theirproperty byGary Magness (heirto the TClfortune) withthe
approval ofthe Park County Board ofCounty Commissioners. The Courtalso confirmed my
positionthatthere wasno dedicationofthispropertyasaroad. Ihaveso farrecovereddamages
and fees in six figures. In January 2005 did a two-week trial in U.S. District Court, in front of
TheHon.RichardMatsch,representingtheplaintiffs(twoformer lesseesofColoradoStateLand
BoardpropertyinParkCounty,Colorado) inasuitagainstthe StateLandBoardforviolationsof
statutoryandleaseprovisions. Obtainedjuryverdictinsixfigures.
For 10 yearshaveadvisedCitizens' ProgressiveAllianceinitsoppositionto the Animas-
La Plata water project in SW Colorado, and represented it in state water court and in the
Colorado Supreme Court. Did two week-long trials in April and August 2006, solo against
sevenattorneysfrom theUnitedStatesDept. ofJustice, StateofColorado, two Indiantribes,and
quasi-governmental waterdevelopmententities.
In March 2004 did a week-long trial on behalfofa group ofwell owners in the Aspen
Park area opposing an application for water rights, including plan for augmentation, filed by a
developer who wants to put a 275,000 square foot shopping mall in next to their homes.
Currently representing lot owners ina Sumn1it County subdivision in state district courtagainst
personswho tookovertheirhomeowners' association, converted theirplanfor augmentationand
otherproperty rights to their own use, and filed a series offraudulent liens against my clients'
properties.
Represented Elyria Neighborhood Association and a private plaintiff challenging the
awardofaconditionalusepermitto a biodiesel refinery in thatneighborhood. Obtainedaruling
that the permit was erroneously issued from the Denver Board of Adjustment for Zoning
Appeals, after hearings which concluded in May 2007. We are presently in Denver District
Courtseekingadditional relief.
Represented citizens' group in Chaffee County from 2000 to approximately 2003
opposing exchange ofschool lands by Colo. State Board ofLand Commissioners. Obtained
judgment against the State Land Board in Chaffee County District Court holding that the
appraisalsdoneinsupportofthisexchangeviolatedtheprofessional standardsforappraisalsand
wereincompetentevidenceuponwhichtosupporttheagency'sdecision.
Pastcounselto groupofabout fourthousandwaterrightsownersandwellownersinPark
Countyopposing applications inthe Division 1 water court by CityofAuroraand Park County
Sportsmen's Ranch for a "conjunctive use project" which would have depleted South Park of
much ofits groundwater. Withco-counsel, obtainedjudgmentinour favor onthe first ofthese
casesto be resolved, a claim for nontributary waterrights; also wrote an amicus briefaboutthe
statutoryright ofexemptwell ownersto claiminjury ina waterrights application, theargument
ofwhich was adopted by the Colorado Supreme Court in Application for Water Rights of
TurkeyCanonRanchLLC,937P.2d739(1997). Thisopinionensuredthe well ownershad
standing to contest Aurora's applications. With my associate Paul Upsons also adjudicated the
wells of several exempt well owners. Did the legal work to organize a new water conservancy
district within Park County (the Center of Colorado Water Conservancy District), placed on the
November 1997 ballot; and, when the measure passed, obtained the decree of incorporation and
installation of the new board. Those citizens used their now approximately $300,000 a year this
district brings in in tax moneys as a litigation budget to fight Aurora, and were ultimately
successful in 2001.
Special counsel, from 1992 to 2001, to Town of Crested Butte, CO, in opposition to
several applications filed by Union Park Water Authority (and predecessors) in the Federal
Energy Regulatory Commission seeking permits for hydropower development, all of which
efforts were successful. Formerly also represented High Country Citizens Alliance, Rainbow
Services, Inc. (and, briefly, Gunnison County and City of Gunnison) in opposition to prior
incarnations of these proj ects.
Trial lawyer for plaintiff in Aspen Wilderness Workshop v. Colorado Water
Conservation Board, 1992-93 (540 hours pro bono), won on appeal in Colo. Supreme Court in
1995 (901 P.2d 1251 (Colo. 1995)); briefed issues of first impression concerning instream flow
program in Colorado. Two of my arguments were adopted by Supreme Court in its holding that
CWCB had a trust responsibility to the instream flow and no power administratively to modify a
decree of the water court.
Represented opposers to applications for water rights for snowmaking and other uses on
Snowmass Creek and Maroon Creek which went to trial in April and November 1995, and
obtained conditions on withdrawals by a junior water right believed unique in Colorado. Have
represented numerous private applicants in applications for water rights in the Arkansas and
South Platte River Basins, and citizens' groups opposing an airport, gliderport and assorted
improvident land use approvals in Park County and Gunnison County. On behalf of citizens in
Park County objecting to violations of the Colorado Open Meetings Law by the county
commissioners obtained, in 1996, a permanent injunction, and in 1997, a large attorney fee
award. Settled, in six figures, a suit I brought on behalf of a Park County homeowners'
association for violation of covenants by a developer, as well as for due process violations by the
Park County BOCC. The suits against the Park County Commissioners mentioned in this
summary were instrumental in the recall of all three county commissioners in February 1998.
Wrote amicus brief for City of Craig (as city attorney) in support of Colowyo Coal
Company in Colowyo v. City of Colorado Springs, 879 P.2d 438 (Colo. App. 1994), a contracts
case, decided by Colo. Court of Appeals (in Colowyo's favor) in 1994. Represented appellants
in Colo. Supreme Court in Salazar v. Terry, 911 P.2d 1086 (Colo. 1996). Was the hearing offi-
cer who issued the initial decision in the special education case which became Urban v. Jefferson
County School Dist. R-l, 870 F.Supp. 1558 (D.Colo. 1994) and 89 F.3d 720 (10
th
Cir. 1996).
Represented local chapter of Sierra Club as amicus opposing application of Town of
Parker et al. in Division 1 water court to obtain a storage right for a reservoir proposed in
Castlewood Canyon State Park. Rationale developed in my water court brief respecting the
meaning of the condemnation statute was used by State Parks in opposing the later condemna-
tion proceeding, and ultimately adopted by the Colorado Court of Appeals, so that the park is
protected from emplacement of this reservoir. Represented national Sierra Club (550,000
members), Denver Audubon Society (3,000 members), and a private individual pro bono in
litigation challenging plat approval by the City of Littleton of a housing development known as
"Chatfield Green" on the periphery of two parks. In 1996 represented a citizens' group in
Boulder and two Native Americans seeking to enjoin construction of a $53 million building to
house the National Oceanic and Atmospheric Administration; also in that year advised the
Friends of the High Line Canal in their challenge to the construction of a highway spur across
the High Line Canal bike path.
In 2003-04, represented Colorado Criminal Justice Reform Coalition opposing land use
approvals improvidently made by the Pueblo City Council in connection with a private prison.
From 1998-2001 represented a group of citizens in Castle Rock pro bono in contesting
election fraud; have also represented citizens contesting election/campaign finance abuses by the
Arvada City Council and Woodland Park Town Board. Represented a minority arts group
(Eulipions) pro bono in its challenge to the fraudulent sale of a historic building they own; in
2001 obtained reversal, by the Court of Appeals, of the district court's dismissal of our case.
Represented Colorado State Engineer, Colorado Water Conservation Board, and Division
of Wildlife opposing application of AWDI for groundwater rights in San Luis Valley, 1989-90;
obtained denial of a motion of the federal government to preempt state law in the Closed Basin
Project. Litigated probably over 100 water rights cases while an Assistant Attorney General for
Colorado; won (or settled on my clients' terms) all but one (of those which were concluded
during my tenure). Cases included injunctions; administrative appeals; and adjudications of
water rights, including augmentation plans; changes of water rights; and well permitting appeals.

Thirteenth Judicial Circuit-Service of Process-Appendix

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Thirteenth Judicial Circuit-Service of Process-Appendix

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UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

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