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IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT

OF THE STATE OF FLORIDA, IN AND FOR HILLSBOROUGH COUNTY
CIVIL DIVISION
NEIL J. GILLESPIE,
Plaintiff,
CASE NO:

05-CA-7205

vs.
DIVISION:

"G"

BARKER, RODEMS & COOK, P.A.,

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

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TRANSCRIPT OF PROCEEDINGS
BEFORE:

THE HONORABLE MARTHA J. COOK

Circuit Court Judge

TAKEN AT:

Hillsborough County Courthouse

Tampa, Florida

DATE AND TIME:

July 12, 2010

10:27 a.m.

REPORTED BY:

Penny M. Appleton

ORIGINAL
(),

"

Berryhill & Associates, Inc.

501 E. Kennedy Boulevard, Suite 775
Tampa, Florida 33602

(813) 229-8225

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A P PEA RAN C E S
Ryan Christopher Rodems
Attorney at Law

Barker, Rodems & Cook, P.A.

400 North Ashley Drive, Suite 2100

Tampa, Florida 33602

Representing the Defendants

Neil J. Gillespie
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Pro Se Plaintiff

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Berryhill & Associates, Inc.

501 East Kennedy Boulevard, Suite 775

Thereupon, the following proceedings commenced:

THE COURT:

All right.

This is just a case

management conference, and what the Court's trying to

do is get scheduling, is schedule a hearing.
MR. GILLESPIE:

Your Honor, I object.

I served

the notice this morning that I'm suing you, so it would

be inappropriate for you to proceed further.

I served

notice to the chief judge that I'm suing you and the
13th Judicial Circuit
THE COURT:

This notice of claim -- I did see that

you filed a notice of claim, but it's not a separate

lawsuit yet.

It's just a notice of claim that you -

you can talk to Mr. Roland about how to do that, but

it's a notice of claim, and it's been sent to the
judiciary.
Mr. Roland

So as soon as that's processed,

I think there's going to have to be a

separate case number for that.

MR. GILLESPIE:

I'm having a hard time hearing

you.
THE COURT:

I said I think you have to probably

have a separate case number for that.

I don't know

that this would constitute a separate lawsuit in this

case, but you can certainly talk to Mr. Roland about
that.
That's not why I'm here.

What I'm here to do --

Berryhill & Associates, Inc.

501 East Kennedy Boulevard, Suite 775

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I haven't received my ADA

accommodation, and I can't proceed without it.

THE COURT:

There was a letter sent to you, and

they said that it doesn't fall under the ADA.

question for the Court.

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MR. GILLESPIE:

It's a

But let's just talk briefly about what remains in

this case and what -

MR. GILLESPIE:

THE COURT:

I object.

I can't continue.

Mr. Gillespie, just for purposes of

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scheduling right now.

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hearing, so it's not necessary to object.

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to know what's left and what you anticipate needs to be

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done in this 2005 case.

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just that, and you can deal with all these other things

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with Mr. Roland who will help you.

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2005 case, what's left to do for scheduling purposes?

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Is discovery closed?

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MR. RODEMS:

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MR. RODEMS:

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MR. GILLESPIE:

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That's all I'm asking about,

But just on the

first, Your Honor?

THE COURT:

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I just want

Who would you like to hear from

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This is not a formal substantive

Either one.
Okay.
Your Honor, we have an emergency

motion to disqualify Mr. Rodems.

THE COURT:

It's not set for hearing yet, though.

You'll have to set that with my J. A.

Okay?

Berryhill & Associates, Inc.

501 East Kennedy Boulevard, Suite 775

This is why this cannot

charade isn't going to go on anymore with my

participation.
THE COURT:

MR. GILLESPIE:

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All right.

THE COURT:

you need -

- and I'm not getting my

Please.

Mr. Gillespie, I'm going to

ask you to please stop talking.

What's left to do
MR. GILLESPIE:
medical attention.

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MR. GILLESPIE:

I need

Yes.

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man's presence.

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THE COURT:
discovery?

I'm not feeling well.

Is there some water?

WOMAN:

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this

accomodation.

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You have an emergency motion for him

MR. GILLESPIE:

I'm sorry.

I can't be in this

What's left to do in terms of the

Anything?

MR. RODEMS:

Your Honor, from the Defendant's

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perspective, we need to depose Mr. Gillespie.

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an outstanding request for production.

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outstanding interrogatories.

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to a motion to compel, as is the request to take his

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deposition, and we have a summary judgement motion

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that's pending.

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Mr. Gillespie.

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motion for judgement on the pleadings.

We have

We have some

Both of which are subject

There were four claims made by

Three of those have been disposed of by
We would like

Berryhill & Associates, Inc.

501 East Kennedy Boulevard, Suite 775

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to have the motion for summary judgement scheduled for

hearing so that we can have a ruling on that.

The Defendants do have counterclaims for

defamation.

speak as to what he wants to do with that, but in terms

of the Defendants, that's what we have in terms of the

underlying case.

asked the Court to -- through the proceeding

supplementary to order an examination, so we would

I'll let Mr. Gillespie

We do also have a judgement.

We have

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request that, and some of the discovery that's been

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served deals with both the collection of the judgement

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as well as the underlying claim that Mr. Gillespie

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still has pending against the Defendant, Barker, Rodems

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& Cook, P.A.

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There's also the motion for rehearing on the

judgement on the pleadings.
MR. GILLESPIE:

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disqualify you.

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THE COURT:

I move to

I move to disqualify you.

There's a process, and if you'll

comply with the rules -

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MR. GILLESPIE:

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Now, the Court did -

I object, Your Honor.

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I don't know

I'll comply with the rules.

You've been given oral notice.

THE COURT:

Sir, stop.

You can do that, and I

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will give you time to do that in three minutes.

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interrupted Mr. Rodems, so let him finish.

Berryhill & Associates, Inc.

501 East Kennedy Boulevard, Suite 775

You

MR. GILLESPIE:

like I'm going to vomit.

THE COURT:

MR. GILLESPIE:

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THE COURT:
excused.

I feel

What is your medical condition, sir?

I'm not answering medical

in the open.
All right.

Mr. Gillespie, you're

Thank you.

(Mr. Gillespie left the hearing room.)

THE COURT:

Please continue to -

if you finished

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detailing the summaries that are left, let me know.

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there anything else pending?

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management.

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MR. RODEMS:

I'm sorry.

Is

This is just case

I think I was mentioning

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the Court did deny Mr. Gillespie's motion for

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reconsideration of the earlier rulings by Judge Barton,

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and Mr. Gillespie did attach to that motion a copy of

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the motion for rehearing on the motion for judgement on

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the pleadings.

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THE COURT:

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MR. RODEMS:

Right.
But I don't know if there needs to be

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a formal order resolving the motion for rehearing or if

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the Court intended that the ruling on the motion for

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reconsideration also -

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questions in -

I have to step outside.

THE COURT:

Well, look at the file and take

appropriate action.

Berryhill & Associates, Inc.

501 East Kennedy Boulevard, Suite 775

give the attorney for the 13th Judicial Circuit a copy

of whatever he filed this morning.

chance to read it, and what I'd like to do is review

the file with my staff attorney and see

pending summary judgement motion that depends on what

else we do, whether it's appropriate to schedule a

hearing, but I will look into doing so.

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MR. RODEMS:
THE COURT:

I haven't had a

there's a

Thank you.

Are we concluded, Your Honor?

Well, Mr. Gillespie has left, just for

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the record.

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motions for disqualification

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disqualified himself in a prior ruling, so the Court

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can address any merits of any such motion.

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no articulated bases other than he filed a notice of

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claim in this case, which is not a separate proceeding

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suing the 13th Judicial Circuit yet.

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do that, but his filing of notice of filing in this

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case wouldn't constitute a separate suit.

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anticipation that he might raise that as an issue

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later, I just want to point out it hasn't happened yet

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officially.

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Mr. Gillespie has left, and I will

All right.

At this present time, the status of

Judge Barton

There were

He may intend to

In

And I can address any merits on a motion to

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disqualify I believe at this point since prior counsel

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has -- judge has disqualified himself, and I've heard

Berryhill & Associates, Inc.

501 East Kennedy Boulevard, Suite 775

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no basis, other than he didn't want to stay and didn't

feel well, so I excused him, but he's had notice of

this hearing, and he voluntarily left, for the record.

MR. RODEMS:

the motions to compel, but I understand that you

announced -

THE COURT:

Well, there's an administrative order

that deals with discovery motions.

outstanding for a period of time and they comply with

If they've been

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the administrative orders, the Court can enter an order

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based on the administrative orders.

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compliance whatsoever on those motions?

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MR. RODEMS:

Is there any

On the request for production that is

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the subject of a motion, there has been no response at

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all.

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incomplete answers were served by Mr. Gillespie's

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former counsel, Mr. Bauer.

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scheduled them twice, and on two occasions, he has not

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shown up.

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to the last one, but he did not make any effort to set

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it for hearing, nor was any protective order granted.

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Your Honor, we did notice for today

On the interrogatories, unsworn, unsigned,

On the depositions, we've

He did file a motion for protective order as

And I think, as the Court's familiar with the case

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law, and I can cite the Court to Stables and CNA

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Insurance Company versus Rivers at 559 So.2d 440.

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filing of a motion for protective order does not stay

Berryhill & Associates, Inc.

501 East Kennedy Boulevard, Suite 775

The

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the proceedings.

THE COURT:

MR. RODEMS:

That's correct.

It doesn't.

So at this point, I don't know if we

meet the criteria for the -

THE COURT:

MR. RODEMS:

Administrative order.

administrative order as to the

interrogatories and the depositions, but I believe we

do on the request for production.

Now Mr. Gillespie, just in the fairness,

Judge, he

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sent me a letter today -

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in which he said that he has served all the discovery.

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I haven't received anything yet and even - you know, I

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just want to be - make full disclosure that he did

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send me this letter, but even if he says he's made full

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response to discovery, we still need an order from the

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Court because there are issues in addition to the

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underlying discovery but also with attorney's fees,

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and, of course, without an order, we're facing a

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situation where if his response is inadequate, then we

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just have to come back to the Court, so I'm not sure

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how you want to proceed on -

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THE COURT:

I'm sorry -

I'm not sure either.

July 11th by fax

You can draft

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some proposed orders, and let me take it under

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advisement with counsel.

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MR. RODEMS:

Yes, Judge.

Berryhill & Associates, Inc.

501 East Kennedy Boulevard, Suite 775

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THE COURT:

MR. RODEMS:

Okay.

Thank you.

Thank you for your time, Judge.

(The hearing concluded at 10:36 a.m. )

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Berryhill & Associates, Inc.

501 East Kennedy Boulevard, Suite 775

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C E R T I F I CAT E

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STATE OF FLORIDA

COUNTY OF HILLSBOROUGH

I, Penny M. Appleton, Court Reporter for the

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Circuit Court of the Thirteenth Judicial Circuit of the

State of Florida, in and for Hillsborough County,

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DO HEREBY CERTIFY, that I was authorized to and

did, report in shorthand the proceedings and evidence in the

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above-styled cause, as stated in the caption hereto, and

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that the foregoing pages constitute a true and correct

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transcription of my shorthand report of said proceedings and

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evidence.

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IN WITNESS WHEREOF, I have hereunto set my hand in

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the City of Tampa, County of Hillsborough, State of Florida

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this 16th day of July, 2010.

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Berryhill & Associates, Inc.

501 East Kennedy Boulevard, Suite 775

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report 12:9,12
REPORTED 1:20
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rulings 7: 15
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6:8,8,10,11,11,12,13,15
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9:23 10:6,13,15,16,20
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today 9:410:10
TRANSCRIPT 1: 12
transcription 12: 12
true 12:11
trying 3:3
twice 9:18
tw09:18
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underlying 6:7,12 10:17
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whatsoever 9: 12
what's 4: 12, 165:9,15
where 10: 19
WHEREOF 12:14
whether 8:7
which 5:208:1610:11
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LIAM 1:7
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WITNESS 12:14
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would 3:6,22 4:18 5:25
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10:12,21,22 11:1,2
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you'll 4:25 6: 19
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10:271:18
10:3611:3
11th 10:10

12 1:18
13th 3:9 8:2,17
16th 12:16
2
20054:13,16
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229-8225 1:25

33602 1:25 2:4

4

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