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APPEA
U.S. District Court
Middle District of Florida (Ft. Myers)
CIVIL DOCKET FOR CASE #: 2:07-cv-00228-JES-SPC
Busse v. Lee County, Florida et al
Assigned to: Judge John E. Steele
Referred to: Magistrate Judge Sheri Polster Chappell
Case in other court: 08-13170B
09-12372-B
09-13517F
09-13519F
09-13522F
09-14281F
09-14282F
09-14284F
09-14285F
09-16211F
09-16212F
09-16213F
09-16214F
09-16335F
10-10963-I10-10967-I
10-11884-I
Cause: 28:1331 Fed. Question: Civil Rights Violation
Date Filed: 04/10/2007
Date Terminated: 05/06/2008
Jury Demand: Plaintiff
Nature of Suit: 440 Civil Rights: Other
Jurisdiction: Federal Question
Plaintiff
Jorg Busse represented by Jorg Busse
P.O. Box 1126
Naples, Fl 34106-1126
239/595-7074
PRO SE
Plaintiff
Kenneth M. Roesch, Jr.
TERMINATED: 09/21/2007
represented by Kelly Lina Rooth
Rooth Law Group, PA
Suite 322
4399 35th St N
St Petersbsurg, FL 33714
727/824-6212
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Fax: 727/822-8048
Email: krooth@roothlawgroup.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Plaintiff
Anita M. Roesch
TERMINATED: 09/21/2007
represented by Kelly Lina Rooth
(See above for address)LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Plaintiff
Troy Parnell
TERMINATED: 09/21/2007
represented by William Alfred Keyes , Jr.
Stewart & Keyes, PL
2125 First St - Ste 101
PO Drawer 790
Ft Myers, FL 33902
239/334-7477Fax: 239/334-7941
Email: stewartkeyespl@comcast.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Defendant
Lee County, Florida represented by Jack Neil PetersonLee County Attorney's Office
2115 Second St
PO Box 398
Ft Myers, FL 33902
239/533-2236
Fax: 239/485-2118
Email: peterj@leegov.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Board of Lee County Commissioners represented by Jack Neil Peterson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
The Lee County Property Appraiser represented by Jack Neil Peterson
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(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Sherri L. Johnson
Dent & Johnson, Chartered
3415 Magic Oak Lane
Sarasota, FL 34232941/952-1070
Email: sjohnson@dentjohnson.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
State of Florida, Board of Trustees of
the Internal Improvement Trust Fund
past & present
represented by Harold George Vielhauer
Florida Department of Environmental
Protection
MS 353900 Commonwealth Blvd
Tallahassee, FL 32399-3000
850/245-2242
Fax: 850/245-2296
Email: Harold.Vielhauer@dep.state.fl.us
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Linda Kathryn FunchessFlorida Department of Environmental
Protection
MS 35
3900 Commonwealth Blvd
Tallahassee, FL 32399-3000
850/245-2242
Fax: 850/245-2296
Email: kathy.funchess@dep.state.fl.us
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Reagan Kathleen Russell
Florida Department of Environmental
Protection*
MS 35
3900 Commonwealth Blvd
Tallahassee, FL 32399-3000
Email: reagan.russell@dep.state.fl.us
LEAD ATTORNEY
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ATTORNEY TO BE NOTICED
Defendant
Kenneth M. Wilkinson represented by Jack Neil Peterson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Sherri L. Johnson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Lee County Attorney represented by Jack Neil Peterson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
State of Florida Department of
Environmental Protection, and Division
of Recreation and Parks
represented by Harold George Vielhauer
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Linda Kathryn Funchess
(See above for address)LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Reagan Kathleen Russell
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Jack N. Peterson
Date Filed # Docket Text
04/10/2007 1 COMPLAINT against Lee County, Florida, Board of Lee County Commissioners, The
Lee County Property Appraiser, State of Florida Board of Trustees of the Internal
Improvement Trust Fund, State of Florida Department of Environmental Protection ;
jury demand (Filing fee $ 350 receipt number F009276) filed by Jorg Busse.(js)
(Entered: 04/12/2007)
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04/10/2007 Summons issued as to Lee County, Florida, Board of Lee County Commissioners, The
Lee County Property Appraiser, State of Florida Board of Trustees of the Internal
Improvement Trust Fund, State of Florida Department of Environmental Protection. (js)
(Entered: 04/12/2007)
04/12/2007 2 STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by
All Divisional Judges on 3/27/07. (js) (Entered: 04/12/2007)
04/17/2007 3 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 -track 2. Notice of pendency of other actions due by 4/30/2007. Signed by Judge All
Divisional Judges on 4/17/2007. (LAG, ) (Entered: 04/17/2007)
04/17/2007 4 INTERESTED PERSONS ORDER. Certificate of interested persons and corporate
disclosure statement due by 4/30/2007. Signed by Judge All Divisional Judges on
4/17/2007. (LAG, ) (Entered: 04/17/2007)
05/01/2007 5 MOTION to dismiss Complaint or Motion for Summary Judgment or Moition for
More Defeinite Statementby Lee County, Florida. (Attachments: # 1 Exhibit A &
B)(Peterson, Jack) (Entered: 05/01/2007)
05/02/2007 6 SUMMARY JUDGMENT NOTICE re 5 MOTION to dismiss Complaint or Motion
for Summary Judgment or Moition for More Defeinite Statement. (js) (Entered:
05/02/2007)
05/02/2007 7 CERTIFICATE of interested persons and corporate disclosure statement re 4
Interested persons order by Lee County, Florida. (Peterson, Jack) (Entered:
05/02/2007)
05/03/2007 8 MOTION for extension of time to file answer or otherwise plead re 1 Complaint, by
The Lee County Property Appraiser. (Johnson, Sherri) Motions referred to Magistrate
Judge Sheri Polster Chappell. (Entered: 05/03/2007)
05/03/2007 9 CERTIFICATE of interested persons and corporate disclosure statement re 4
Interested persons order by The Lee County Property Appraiser. (Johnson, Sherri)
(Entered: 05/03/2007)
05/04/2007 10 ORDER granting 8 the Defendant Property Appraiser's Motion for Extension of Time to
Respond to Complaint. The Defendant shall have up to and including MAY 10, 2007 to
answer or otherwise plead to the Plaintiff's Complaint. Signed by Judge Sheri Polster
Chappell on 5/4/2007. (lmh, ) (Entered: 05/04/2007)
05/08/2007 11 PLAINTIFF'S RESPONSE to Defendant Lee County: Quiet Title Action filed by Jorg
Busse. (js) (Entered: 05/10/2007)
05/10/2007 12 MOTION to Dismiss for Lack of Jurisdiction by The Lee County Property Appraiser.
(Johnson, Sherri) (Entered: 05/10/2007)
05/14/2007 13 Joint MOTION to Dismiss for Lack of Jurisdiction by State of Florida Board of
Trustees of the Internal Improvement Trust Fund, State of Florida Department of
Environmental Protection. (Funchess, Linda) (Entered: 05/14/2007)
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05/14/2007 14 PLAINTIFF'S RESPONSE to Defendant Lee County's Motion to dismiss Defendant
Board of Lee County Commissioners, MOTION Injunctive Relief, MOTION for
sanctions against Defendant Lee County's Assistant Attorney, Jack N. Peterson, for
misrepresentation by Jorg Busse. (js) (Entered: 05/15/2007)
05/15/2007 17 NOTICE of filing Additional Evidentiary Materials following Defendant Lee County's
substantially incomplete motion for summary judgment by Jorg Busse (Attachments: # 1
# 2)(js) (Entered: 05/16/2007)
05/15/2007 18 RESPONSE to motion re 5 MOTION to dismiss Complaint or Motion for Summary
Judgment or Moition for More Defeinite Statementfiled by Jorg Busse.
(Attachments: # Exhibit(1))(js) (Entered: 05/16/2007)
05/16/2007 15 CERTIFICATE of interested persons and corporate disclosure statement re 4
Interested persons order by State of Florida Board of Trustees of the Internal
Improvement Trust Fund, State of Florida Department of Environmental Protection.
(Funchess, Linda) (Entered: 05/16/2007)
05/16/2007 16 NOTICE of pendency of related cases re 3 order of compliance to Local Rule by State
of Florida Board of Trustees of the Internal Improvement Trust Fund, State of Florida
Department of Environmental Protection Related case(s): yes (Funchess, Linda)
(Entered: 05/16/2007)
05/16/2007 19 MOTION for Time Granted (14 Days), or in the alternative extension of time to
Respond to 5 MOTION to dismiss Complaint or Motion for Summary Judgment or
Moition for More Defeinite Statementby Jorg Busse. (Attachments: # 1 Exhibit A)(js)
(Entered: 05/16/2007)
05/18/2007 20 ORDER granting 19 the Plaintiff's Motion for Time Granted (14 Days), or in the
Alternative Extension of Time, to Respond to "Defendant Lee County's Motion toDismiss for Failure to State a Claim Upon Which Relief Can Be Granted; or In the
Alternative, A Motion for Summary Judgment; or in the Alternative, Motion for More
Definite Statement". The Plaintiff shall have up to and including MAY 23, 2007, to
submit a responsive pleading. Signed by Judge Sheri Polster Chappell on 5/17/2007.
(lmh, ) (Entered: 05/18/2007)
05/22/2007 21 MEMORANDUM of law in support; Plaintiff's Answer Brief; Response to Defendants'
Motions and Opposing evidentiary materials filed by Jorg Busse. (Attachments: # 1
Appendix)(js) (Entered: 05/23/2007)
05/23/2007 22 MOTION for the full time granted by this court (14 days), or in the alternative extension
of time to respond to 12 MOTION to Dismiss for Lack of Jurisdiction,MOTION for
discovery, MOTION for receipt of a login and password for electronic court filing by
Jorg Busse. (js) Motions referred to Magistrate Judge Sheri Polster Chappell. Modified
on 5/24/2007 to edit docket text (js). (Entered: 05/24/2007)
05/23/2007 23 MEMORANDUM of law in support; Plaintiff's Answer Brief; Response to Defendants'
Motions and Opposing evidentiary materials filed by Jorg Busse (Attachments: # 1
Appendix)(js) (Entered: 05/24/2007)
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05/25/2007 24 MEMORANDUM of Law pertaining to "common law civil fraud" ("sounding in"
negligence), MOTION to compel defendants to produce satisfactory evidence of their
alleged ownership of 'all cayo costa accreted lands' by Jorg Busse. (Attachments: # 1
Exhibit # 2 Exhibit)(js) Motions referred to Magistrate Judge Sheri Polster Chappell.
(Entered: 05/29/2007)
05/29/2007 25 AMENDED COMPLAINT to include additional counts of criminal and common law
civil fraud charges against all defendants, aiding and abetting, and conspiracy; Plaintiff's
response to defendant property appraiser's motion to dismiss; opposing evidentiarymaterials; Federal whistleblower action against Lee County, Florida, Board of Lee
County Commissioners, The Lee County Property Appraiser, State of Florida Board of
Trustees of the Internal Improvement Trust Fund, State of Florida Department of
Environmental Protection filed by Jorg Busse. Related document: 1 Complaint, filed by
Jorg Busse. (Attachments: # 1 amended complaint pt.2# 2 Exhibit H# 3 Exhibit I# 4
Exhibit)(js) (Entered: 05/31/2007)
06/01/2007 26 RESPONSE in opposition re 22 MOTION for discovery MOTION for Extension of
Time to File Response/Reply as to 12 MOTION to Dismiss for Lack of Jurisdiction
MOTION for Extension of Time to File Response/Reply as to 12 MOTION to Dismissfor Lack of Jurisdiction MOTION for recipt of a login and password for electronic filing
filed by The Lee County Property Appraiser. (Johnson, Sherri) (Entered: 06/01/2007)
06/04/2007 31 EXHIBITS/ CRIMINAL COMPLAINT (Attachments: #(1)Exhibit P #(2)Exhibit Q
#(3)Exhibit X #(4)Exhibit Y #(5) Exhibit Z) (js) (Entered: 06/06/2007)
06/05/2007 27 ORDER denying 24 the Plaintiff Jorg Busses Motion to Compel Defendants to Produce
Satisfactory Evidence of Their Alleged Ownership of All Cayo Costa Accreted Lands.
Signed by Judge Sheri Polster Chappell on 6/5/2007. (lmh, ) (Entered: 06/05/2007)
06/05/2007 32 MOTION for leave of Court to seek legal representation and leave of absence for
health reasons by Jorg Busse.(js) (Entered: 06/06/2007)
06/05/2007 33 MOTION for Defendants' Admission with leave of this Court by Jorg Busse.
(Attachments: # 1 Exhibit # 2 Exhibit)(js) (Entered: 06/06/2007)
06/06/2007 28 MOTION to strikePlaintiff's Request for Admissions by Board of Lee County
Commissioners. (Peterson, Jack) (Entered: 06/06/2007)
06/06/2007 29 MOTION for protective order by Board of Lee County Commissioners. (Attachments:
# 1)(Peterson, Jack) Motions referred to Magistrate Judge Sheri Polster Chappell.
(Entered: 06/06/2007)
06/06/2007 30 NOTICE by Board of Lee County Commissioners re 29 MOTION for protective
orderof Certification (Peterson, Jack) (Entered: 06/06/2007)
06/06/2007 34 ORDER granting in part and denying in part 22 the Plaintiff Jorg Busse's Motion for the
Full Time Granted by This Court (14 Days), or in the Alternative Extension of Time to
Respond to Defendant Property Appraiser's Motion to Dismiss and Memorandum of
Law, and the Plaintiff's Motion for Discovery, and the Plaintiff's Motion for Receipt of a
Login and Password for Electronic Court Filing is GRANTED in part DENIED in part.
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SEE ORDER FOR DETAILS. Signed by Judge Sheri Polster Chappell on 6/6/2007.
(lmh, ) (Entered: 06/06/2007)
06/07/2007 35 ORDER granting 29 the Defendant Lee Countys Motion for a Protective Order. The
Plaintiff Jorg Busse is directed to cease all communications with members of the Lee
County Board of Commissioners regarding this case whether the contact is made
personally or through an intermediary. All contact should be made with the Boards
attorney. Signed by Judge Sheri Polster Chappell on 6/7/2007. (lmh, ) (Entered:
06/07/2007)
06/08/2007 36 MOTION to Dismiss for Lack of JurisdictionAmended Complaintby The Lee County
Property Appraiser. (Johnson, Sherri) (Entered: 06/08/2007)
06/08/2007 37 NOTICE of Unavailability for health reasons by Jorg Busse. (js) Modified on 6/14/2007
to edit docket text pursuant to order Doc. 39 (js). (Entered: 06/11/2007)
06/08/2007 38 PLAINTIFF'S REQUEST for Defendants' Admission with Leave of this Court by Jorg
Busse. (js) Modified on 6/11/07 to add exhibit 1 and exhibit 2 to docket
entry;Additional attachment(s) added on 6/11/2007. (js). (Entered: 06/11/2007)
06/13/2007 39 ORDER directing the Clerk of the Court to amend the docket entry to reflect the
Request for Leave of Court to Seek Legal Representation and Leave of Absence for
Health Reasons is a Notice of Unavailability and not a motion. The Plaintiff Jorg Busse's
Request for Leave of Court to Seek Legal Representation and Leave of Absence for
Health Reasons 37 will be construed by the Court as a Notice of Unavailability until July
4, 2007. Signed by Judge Sheri Polster Chappell on 6/12/2007. (lmh, ) (Entered:
06/13/2007)
06/13/2007 40 ORDER denying as premature 38 the Plaintiff Jorg Busse's Request for Defendant's
Admission with Leave of this Court construed as a Motion to Compel Admissions.Signed by Judge Sheri Polster Chappell on 6/12/2007. (lmh, ) (Entered: 06/13/2007)
06/13/2007 41 MOTION for more definite statement and Memorandum of Law in Supportby Board
of Lee County Commissioners. (Peterson, Jack) (Entered: 06/13/2007)
06/28/2007 42 ORDER denying 32 the Plaintiff Jorg Busse's Motion for Request for Leave of Court to
Seek Legal Representation and Leave of Absence for Health Reasons. Signed by Judge
Sheri Polster Chappell on 6/28/2007. (lmh, ) (Entered: 06/28/2007)
06/28/2007 43 ORDER denying 33 the Plaintiff Jorg Busse's Request for Defendant's Admission with
Leave of This Court. Signed by Judge Sheri Polster Chappell on 6/28/2007. (lmh, )(Entered: 06/28/2007)
07/02/2007 44 PLAINTIFF'S NOTICE of Legal Representation by Brigham Moore, LLP by Jorg
Busse. (Attachments: # 1)(js) (Entered: 07/03/2007)
07/06/2007 45 PlAINTIFF'S NOTICE and submission of further controverting evidence in Defendants'
own files; Defendant Lee County's own December 29, 2000 memorandum as
referenced in Lay vs. Department of Environmental Protection by Jorg Busse.
(Attachments: # 1)(js) (Entered: 07/06/2007)
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07/09/2007 46 RESPONSE, part 1, re 12 Defendant Property Appraisers' MOTION to Dismiss
Amended Complaint and Memorandum of law filed by Jorg Busse. (Attachments: # 1
Exhibit F7# 2 Exhibit F8# 3 Exhibit F9# 4 Exhibit F10# 5 Exhibit F10-F# 6 Exhibit
F10-G# 7 Exhibit F11# 8 Exhibit F-12# 9 Exhibit F13# 10 Exhibit F13B# 11 Exhibit
F13-C# 12 Exhibit)(js) (Entered: 07/12/2007)
07/09/2007 47 PLAINTIFF'S EXHIBITS FED, AER, AFF, CM, LEG and further controverting
evidence. (Attachments: #(1) Exhibit FED #(2)Exhibit AER #(3)Exhibit AFF
#(4)Exhibit CM pt.1 #(5)Exhibit CM pt. 2 #(6) Exhibit LEG) (js) (Entered:07/12/2007)
07/09/2007 48 SECOND NOTICE and submission of further controverting evidence in defendants'
own files by Jorg Busse (Attachments: # 1 Exhibit F1 #(2)Exhibit F2 #(3) Exhibit F3
#(4)Exhibit F-4- F-6)(js) (Entered: 07/12/2007)
07/10/2007 49 PLAINTIFF'S RESPONSE, Part1, to Defendants, "Lee County, Florida, and its board
of Lee County Commissioners" Motion for more definite statement as to Plaintiff's
"Amended Complaint" and memorandum of law in support, MOTION for summary
judgment pertaining to Plaintiff's quiet title action; or in the alternative, motion formemorandum of law, MOTION for injunctive relief enjoining defendants from trespass,
slandering plaintiff's title and publishing false and misleading property data, and Plaintiff's
MOTION for injunctive relief enjoining defendants from operating a state park in the
private cayo costa subdivision by Jorg Busse. (Attachments: # 1 Exhibit "Pat"# 2 Exhibit
"No Ded"# 3 Errata "Map"# 4 Exhibit "Mem"# 5)(js, ) (Entered: 07/16/2007)
07/10/2007 50 PLAINTIFF'S EXHIBITS 1-12, Clear Evidence of Federal subject matter jurisdiction,
Plaintiff's Motion for Summary Judgment Controverting Recors, including Supreme
Court opinion, Docket "68, 399 ["Federal Law Controls.."] (Attachments: # 1 Exhibit
1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12) (js) (Entered:
07/16/2007)
07/17/2007 51 ORDER denying 28 the Defendant Lee County's Motion to Strike. Signed by Judge
Sheri Polster Chappell on 7/17/2007. (lmh, ) (Entered: 07/17/2007)
07/17/2007 55 MEMORANDUM of law in support re 49 Plaintiff's Motion for summary judgment filed
by Jorg Busse. (js) (Entered: 07/19/2007)
07/18/2007 52 ORDER directing the Plaintiff Shall Show Cause in writing why the Firm of Brigham
Moore, LLP. has not filed a Notice of Appearance with the Court by Friday, July 27,2007 and or notify the Court as to how he will proceed. Signed by Judge Sheri Polster
Chappell on 7/18/2007. (lmh, ) (Entered: 07/18/2007)
07/18/2007 53 ORDER TO SHOW CAUSE. The Parties have up to and including July 31, 2007, to
SHOW CAUSE in writing why no Case Management Report has been filed with the
Court or in the Alternative the Parties may meet and file a Case Management Report
within the given time frame. Signed by Judge Sheri Polster Chappell on 7/18/2007. (lmh,
) (Entered: 07/18/2007)
07/19/2007 54 RESPONSE in opposition re 49 MOTION for summary judgment MOTION injunctive
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relief enjoining defendants from trespass, slandering plaintiff's title and publishing false
and misleading property data filed by The Lee County Property Appraiser. (Johnson,
Sherri) (Entered: 07/19/2007)
07/24/2007 56 MOTION to Appear Telephonically by State of Florida Board of Trustees of the
Internal Improvement Trust Fund, State of Florida Department of Environmental
Protection. (Funchess, Linda) Motions referred to Magistrate Judge Sheri Polster
Chappell. (Entered: 07/24/2007)
07/25/2007 57 NOTICE of Appearance by Reagan Kathleen Russell on behalf of State of Florida
Board of Trustees of the Internal Improvement Trust Fund, State of Florida Department
of Environmental Protection (Russell, Reagan) (Entered: 07/25/2007)
07/25/2007 58 ORDER granting 56 the Defendants' Board of Trustees and Department of
Environmental Protection, Request for Leave of Court to Appear By Telephone. Signed
by Judge Sheri Polster Chappell on 7/25/2007. (lmh, ) (Entered: 07/25/2007)
07/25/2007 59 PLAINTIFF'S MOTION for meeting at the United States Courthouse and Federal
Buildiing in Fort Myers at the earliest convenience. Plaintiff's Notice of apparent lack of
compliance with this honorable court's order pertaining to case management meeting and
report by Jorg Busse. (js) (Entered: 07/25/2007)
07/25/2007 60 NOTICE of availability on Thursday, July 26, 2007, at noon or anytime after 12:00 p.m.
at the Federal Courthouse in Fort Myers by Jorg Busse. (js) (Entered: 07/25/2007)
07/26/2007 61 PLAINTIFF'S MOTION to add Defendant's lawyers as parties to this suit by Jorg
Busse. (Attachments: # 1)(js) (Entered: 07/26/2007)
07/26/2007 62 NOTICE of filing "Order to Show Cause" by Jorg Busse. (js) (Entered: 07/26/2007)
07/26/2007 63 PLAINTIFF'S COURT NOTIFICATION 'As to how he will proceed' in response re52 Order by Jorg Busse. (js) (Entered: 07/26/2007)
07/26/2007 64 CASE MANAGEMENT REPORT filed by Jorg Busse. (js) (Entered: 07/26/2007)
07/30/2007 65 EMERGENCY MOTION for criminal prosecution of defendants and defendants'
lawyers by Jorg Busse. (slu) Modified on 7/30/2007 (slu). (Entered: 07/30/2007)
07/30/2007 66 MOTION for payment of necessary fees and expenses by Jorg Busse. (slu) (Entered:
07/30/2007)
07/30/2007 67 REPLY to response to motion re 49 MOTION for summary judgment MOTIONinjunctive relief enjoining defendants from trespass, slandering plaintiff's title and
publishing false and misleading property data. SUPPLEMENTAL memorandum in
support of plaintiff's motion for summary judgment filed by Jorg Busse. (Attachments: #
1 Exhibit)(slu) (Entered: 07/30/2007)
07/31/2007 68 PLAINTIFF'S MOTION for Emergency Hearing on the issue of Defendants' 1969
Bogus Resolution and Defendants' Liability before United States Judge John E. Steele
and United States Magistrate Judge Sheri Polster Chappell by Jorg Busse.
(Attachments: # 1 Exhibit # 2 Exhibit)(js) (Entered: 07/31/2007)
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07/31/2007 69 RESPONSE TO ORDER TO SHOW CAUSE re 53 filed by The Lee County
Property Appraiser. (Johnson, Sherri) (Entered: 07/31/2007)
07/31/2007 70 PLAINTIFF'S Third Supplemental Memorandum in support of Plaintiff's Motion for
Summary Judgment on the issue of Defendant's Liability; MOTION for Rule 11
sanctions against Defendant State of Florida [EFF in 21D], MOTION to restrain
defendants, in particular, from the use of deadly weapons in the private cayo costa
subdivision, and if necessary, through United States law enforcement by Jorg Busse. (js)
(Entered: 07/31/2007)
07/31/2007 71 RESPONSE TO ORDER TO SHOW CAUSE re 53 filed by State of Florida Board of
Trustees of the Internal Improvement Trust Fund, State of Florida Department of
Environmental Protection. (Russell, Reagan) (Entered: 07/31/2007)
07/31/2007 73 PLAINTIFF'S Response to Defendant Property Appraiser's criminal threats and
'motion for rule 11 sanctions'; Plaintiff's Second Supplemental Memorandum in support
of Plaintiff's Motion for Summary Judgment; MOTION to restrain defendants from any
and all further threats against any and all members of the class of cayo costa property
owners, MOTION for Rule 11 sanctions against defendants by Jorg Busse.(Attachments: # 1 Exhibit (Photos) filed separately # 2 Exhibit CAL)(js, ) (Entered:
08/01/2007)
08/01/2007 72 ORDER directing Harold George Vielhauer to comply with the administrative
procedures regarding electronic filing. Signed by Judge Sheri Polster Chappell on
8/1/2007. (kma) (Entered: 08/01/2007)
08/01/2007 74 MOTION to strike 67 Reply to response to motion, by The Lee County Property
Appraiser. (Johnson, Sherri) (Entered: 08/01/2007)
08/01/2007 75 RESPONSE to motion re 68 MOTION for Hearing filed by Lee County, Florida.(Peterson, Jack) (Entered: 08/01/2007)
08/01/2007 76 RESPONSE in opposition re 70 MOTION for sanctions MOTION to restrain
defendants, in particular, from the use of deadly weapons in the private cayo costa
subdivision, and if necessary, through United States law enforcement filed by State of
Florida Board of Trustees of the Internal Improvement Trust Fund, State of Florida
Department of Environmental Protection. (Russell, Reagan) (Entered: 08/01/2007)
08/01/2007 77 MOTION to strike 65 MOTION criminal prosecution of defendants and defendants'
lawyers, 59 MOTION for meeting at the United States Courthouse and Federal
Buildiing in Fort Myers at the earliest convenience, 62 Notice (Other), 61 MOTION to
add Defendant's lawyers as parties to this suit, 63 Notice (Other), 73 MOTION to
restrain defendants from any and all further threats against any and all members of the
class of cayo costa property owners MOTION for sanctions, 70 MOTION for
sanctions MOTION to restrain defendants, in particular, from the use of deadly
weapons in the private cayo costa subdivision, and if necessary, through United States
law enforcement, 68 MOTION for Hearing, 67 Reply to response to motion, 66
MOTION payment of necessary fees and expenses by State of Florida Board of
Trustees of the Internal Improvement Trust Fund, State of Florida Department of
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Environmental Protection. (Russell, Reagan) (Entered: 08/01/2007)
08/02/2007 78 RESPONSE to motion re 68 MOTION for Hearing On Issue of 1969 Bogus
Resolution, etc. filed by Lee County, Florida. (Peterson, Jack) (Entered: 08/02/2007)
08/02/2007 79 NOTICE by State of Florida Board of Trustees of the Internal Improvement Trust
Fund, State of Florida Department of Environmental Protection re 72 Order to comply
with electronic filing of Registration for CM/ECF(Vielhauer, Harold) (Entered:
08/02/2007)
08/02/2007 80 RESPONSE re 53 Order to show cause,Regarding Case Management Reportfiled
by Lee County, Florida. (Peterson, Jack) (Entered: 08/02/2007)
08/02/2007 81 FEDERAL Trial Exhibits & Plaintiff's Disclosures, Plaintiff's MOTION for summary
judgment on the issue of Defendant's liability in favor of Plaintiff and Class; Federal
Subject Matter Jurisdiction; Criminal Fraud; United States Supreme Court Cases by
Jorg Busse. (Attachments: #(1)Exhibit St. Clair em #(2)Exhibit St. Ceair #(3)Exhibit res
#(4) Exhibit Jefferis em #(5) Exhibit Jefferis #(6) Exhibit Banks em #(7) Exhibit
Banks)(js, ) (Entered: 08/06/2007)
08/02/2007 82 PLAINTIFF'S Notification of Defendants' admissions & failure to deny under Rule 8,
Fed. Rules Civ. Proc.; Plaintiff's fifth supplemental MEMORANDUM of law in support
re 81 Motion for summary judgment; Plaintiff's notification that the 1969 Resolution
violates United States law & The Constitution filed by Jorg Busse. (Attachments: #(1)
Exhibit Troy #(2)Exhibit Admission R8 #(3) Exhibit wild)(js) (Entered: 08/06/2007)
08/02/2007 83 PLAINTIFF'S CERTIFICATE of interested persons and corporate disclosure
statement by Jorg Busse. (js) (Entered: 08/06/2007)
08/06/2007 84 MOTION for sanctionsfor Plaintiff's Violation of Protective Orderby Lee County,
Florida. (Attachments: # 1 Exhibit A through C)(Peterson, Jack) (Entered: 08/06/2007)
08/06/2007 85 RESPONSE in opposition re 61 MOTION to add Defendant's lawyers as parties to
this suit filed by The Lee County Property Appraiser. (Johnson, Sherri) (Entered:
08/06/2007)
08/06/2007 86 RESPONSE in opposition re 66 MOTION payment of necessary fees and expenses
filed by The Lee County Property Appraiser. (Johnson, Sherri) (Entered: 08/06/2007)
08/06/2007 88 PLAINTIFF'S NOTICE of victims' and interested persons' exclusion from 07/26/2007
Case Management Report [CMR] meeting. Plaintiff's Notice of Class pursuant to rule
23, Fed. Rules Civ. Proc. Plaintiff's memorandum of law in support of action by plaintiff,
class, and victims against defendants under the Hobbs Act & 'Rico' by Jorg Busse
(Attachments: # 1 # 2 Exhibit fraud 1969)(js) (Entered: 08/08/2007)
08/06/2007 89 EXHIBIT By Class: 1999 Notification of "Robbery" [By Troy Parnell, Member of the
Class; Dated January 29, 1999.] (Attachments: # 1 ) (js) (Entered: 08/08/2007)
08/06/2007 90 PLAINTIFF'S RESPONSE re 69 Response to order to show cause filed by Jorg
Busse. (Attachments: # 1 # 2 Exhibit # 3 Exhibit)(js) (Entered: 08/08/2007)
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08/06/2007 91 PLAINTIFF'S INTERROGATORIES propounded upon defendant State of Florida,
Defendant Lee County, Defendant Lee County Property Appraiser, and Defendant
Board of Lee County Commissioners; Part 1 filed by Jorg Busse. (Attachments: # 1)
(js) (Entered: 08/08/2007)
08/07/2007 87 ORDER denying as moot 36 Motion to Dismiss for Lack of Jurisdiction; denying as
moot 41 Motion for more definite statement; denying 49 Motion for summary judgment;
denying 49 Motion for injunctive relief; denying as moot 59 Motion for meeting; denying
as moot 61 Motion to add defendant's lawyers as parties because the AmendedComplaint has been dismissed and plaintiff has been granted leave to file a Second
Amended Complaint; denying 65 Motion for criminal prosecution; denying 66 Motion
for payment of necessary fees and expenses; denying as moot 68 Motion for Hearing;
denying 70 Motion for sanctions; denying 70 Motion to restrain defendant defendants;
denying 73 Motion to restrain defendants; denying 73 Motion for sanctions; denying as
moot 5 Motion to dismiss; denying as moot 12 Motion to Dismiss for Lack of
Jurisdiction; denying as moot 13 Motion to Dismiss for Lack of Jurisdiction; denying 14
Motion for injunctive relief; denying 14 Motion for sanctions. Plaintiff may file a Second
Amended Complaint within 20 days in compliance with the instructions in the Order.See Order for details. Signed by Judge John E. Steele on 8/7/2007. (RKM) (Entered:
08/07/2007)
08/07/2007 92 PLAINTIFF'S Court notification of "Presence of Multiple Parties", "Class action" and
common "Factual or legal issues" pursuant to Local Rule 3.05 Case Management;
PLAINTIFF'S and Class' MOTION to clarify track number/status of this case[I.E. two
or three];, MOTION to sanction a "John Turner" who represented defendant Lee
County & defendant Board of Lee County Commissioners without a notice of
appearance, and lack of clear identity and evidence of his admission to this court by Jorg
Busse. (Attachments: # 1)(js, ) (Entered: 08/08/2007)08/07/2007 93 PLAINTIFF'S and/or Class' MOTION for disciplinary action against defendant state's
lawyer Reagan K. Russell by Jorg Busse. (Attachments: # 1)(js) (Entered: 08/08/2007)
08/07/2007 94 PLAINTIFF'S and/or Class' MOTION to appoint a grievance committee pursuant to
Local rule 2.04(e) by Jorg Busse. (Attachments: # 1)(js) (Entered: 08/08/2007)
08/07/2007 95 PLAINTIFF'S and/or class' MOTION seeking leave of court to provide copies of any
and all records due to grievance(s) pursuant to Rule 2.04 discipline. Plaintiff's
interrogatories propounded upon defendant State of Florida, defendant Lee County,
defendant Lee County Property Appraiser, and defendant Board of Lee JCountyCommissioners Part 1 by Jorg Busse. (Attachments: # 1)(js) (Entered: 08/08/2007)
08/07/2007 96 PLAINTIFF'S INTERROGATORIES propounded upon defendant State of Florida,
defendant Lee County, defendant Lee County Property Appraiser, and defendant
Board of Lee County Commissioners; Part 1 (Attachments: # 1) (js) (Entered:
08/08/2007)
08/09/2007 97 MOTION for sanctionsPursuant to Rule 11 by The Lee County Property Appraiser.
(Johnson, Sherri) Modified on 11/14/2007 (LKS). Modified on 11/14/2007 (LKS).
(Entered: 08/09/2007)
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08/10/2007 98 ORDER denying as moot 74 Defendant Lee County Property Appraiser's Motion to
strike; denying as moot 77 Defendants' Motion to strike; denying as moot 81 Plaintiff's
Motion for summary judgment. Signed by Judge John E. Steele on 8/10/2007. (AFR)
(Entered: 08/10/2007)
08/16/2007 99 ORDER denying 92 the Plaintiff Jorg Busse's Motion to Clarify Track Number as a
Track 2 or Track 3, and Motion to Sanction "John Turner" who Represented the
Defendant Lee County & Defendant Board of Lee County Commissioners WithoutNotice of Appearance. Signed by Judge Sheri Polster Chappell on 8/16/2007. (lmh, )
(Entered: 08/16/2007)
08/21/2007 100 ORDER denying 93 the Plaintiff Jorg Busse's Motion for Disciplinary Action Against
Defendant States Lawyer Reagan K. Russell Pursuant to Local Rule 2.04; denying the
Plaintiff Jorg Busse's Motion to Appoint a Grievance Committee Pursuant to Local Rule
2.04(e) 94 ; denying the Plaintiff Jorg Busse's Motion Seeking Leave of Court to
Provide Copies of Any and All Records Due to Grievance(s) Pursuant to Rule 2.04
Discipline 95 . Signed by Judge Sheri Polster Chappell on 8/21/2007. (lmh, ) (Entered:
08/21/2007)08/22/2007 101 MOTION for protective order by State of Florida Board of Trustees of the Internal
Improvement Trust Fund, State of Florida Department of Environmental Protection.
(Russell, Reagan) Motions referred to Magistrate Judge Sheri Polster Chappell.
(Entered: 08/22/2007)
08/24/2007 102 SECOND AMENDED COMPLAINT against Kenneth M. Wilkinson, Lee County
Attorney, Lee County, Florida, Board of Lee County Commissioners, The Lee County
Property Appraiser, State of Florida Board of Trustees of the Internal Improvement
Trust Fund, State of Florida Department of Environmental Protection filed by Jorg
Busse, Kenneth M. Roesch, Jr., Anita M. Roesch, and Troy Parnell. Jury demand.Related document: 25 Amended complaint, filed by Jorg Busse. (Attachments: #
1complaint part 2 #(2)complaint part 3 #(3)complaint part4 #(4)complaint part 5)(js)
Modified on 8/27/2007 to edit text to reflect jury demand(js). (Entered: 08/27/2007)
08/27/2007 Summons issued as to Lee County Attorney. (js) (Entered: 08/27/2007)
08/27/2007 103 PLAINTIFFS' MOTION for summary judgment on the issue of defendants' liability in
Plaintiffs' "Inverse Condemnation" action by Jorg Busse, Kenneth M. Roesch, Jr, Anita
M. Roesch, Troy Parnell. (Attachments: # 1 Exhibit # 2 Exhibit)(js) (Entered:
08/28/2007)
08/27/2007 104 PLAINTIFFS' EXHIBITS in "Factual Support" of Plaintiffs' Motion for Summary
Judgment on the issue of defendants' Liability in Plaintiffs' "Inverse Condemnation" action
against all defendants re Doc. 103 . (js) (Entered: 08/28/2007)
08/28/2007 105 PLAINTIFFS' MEMORANDUM in "factual support" re 103 Motion for summary
judgment on the issue of Defendants' liability in Plaintiffs' "Inverse Condemnation" action
against all defendants filed by Jorg Busse, Kenneth M. Roesch, Jr, Anita M. Roesch,
Troy Parnell. (Attachments: # 1 Exhibit # 2 Exhibit)(js) (Entered: 08/28/2007)
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08/30/2007 106 MOTION to Dismiss for Lack of Jurisdiction by State of Florida Board of Trustees of
the Internal Improvement Trust Fund, State of Florida Department of Environmental
Protection. (Russell, Reagan) (Entered: 08/30/2007)
08/30/2007 108 PLAINTIFF'S MOTION for summary judgment on the issue of defendant's liability
under 42 U.S.C 1983 and Constitutional Article IV [II (2). Count of deprivations of civil
rights] by Jorg Busse, Kenneth M. Roesch, Jr, Anita M. Roesch, Troy Parnell. (js)
(Entered: 09/04/2007)
08/31/2007 107 SUMMARY JUDGMENT NOTICE re 103 MOTION for summary judgment (js)
(Entered: 08/31/2007)
09/04/2007 109 NOTICE by The Lee County Property Appraiser re 91 Remark, 96 Remarkof
Service of Objection to Interrogatories (Johnson, Sherri) (Entered: 09/04/2007)
09/04/2007 114 PLAINTIFF'S Conclusive "Riparian" "Gulf Front" "Boundary Survey" in "Factual
Support" of Plaintiffs' Motions for Summary Judgment filed by Jorge Busse, Kenneth M.
Roesch, Jr., Anita M. Roesch, and Troy Parnell. (js) (Entered: 09/07/2007)
09/04/2007 116 PLAINTIFFS' Memorandum in factual support of Plaintiffs' Motion for SummaryJudgment on the issue of Defendants' 'Liability' for "Inverse Condemnation" and the
"Temporary" "Regulatory Taking" of "All Cayo Costa Private Accreted
Property"[without due process & just compensation] by "Plan and Design" "Agreed
upon by all defendants" in order to "Operate the Public Cayo Costa State Park" filed by
Jorge Busse, Kenneth M. Roesch, Jr., Anita M. Roesch, and Troy Parnell. (js, )
(Entered: 09/07/2007)
09/05/2007 110 SUMMARY JUDGMENT NOTICE re 108 MOTION for summary judgment. (js)
(Entered: 09/05/2007)
09/06/2007 111 MOTION to strike 102 Amended complaint,, or to Dismiss by The Lee County
Property Appraiser. (Johnson, Sherri) (Entered: 09/06/2007)
09/07/2007 112 MOTION to strike by State of Florida Board of Trustees of the Internal Improvement
Trust Fund, State of Florida Department of Environmental Protection. (Russell, Reagan)
(Entered: 09/07/2007)
09/07/2007 113 PLAINTIFF'S "Public Record" exhibits and conclusive evidence of "Inverse
Condemnation", temporary "Takings" without due process & just compensation,
"Deprivations" of Plaintiffs' rights, privileges, & immunities, and 42 U.S.C. 1983 "Civil
Rights Violations" by all defendants in factual support re 103 Motion for summaryjudgment, filed by Jorg Busse, Kenneth M. Roesch, Jr, Anita M. Roesch, Troy Parnell.
(js) (Entered: 09/07/2007)
09/07/2007 115 PLAINTIFFS' Memorandum in support of motion for summary judgment and
RESPONSE to motion re 106 MOTION to Dismiss for Lack of Jurisdiction filed by
Jorg Busse, Kenneth M. Roesch, Jr, Anita M. Roesch, Troy Parnell. (js) (Entered:
09/07/2007)
09/07/2007 121 PLAINTIFFS' Memorandum and RESPONSE to Defendant State's document re 106
MOTION to Dismiss for Lack of Jurisdiction, in support of Plaintiffs' Motions for
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Summary Judgment, and controverting defendants' false allegations of immunity filed by
Jorg Busse. (js) (Entered: 09/11/2007)
09/10/2007 117 ORDER re: Consent to Exercise of Jurisdiction by a United States MagistrateForm.
Signed by Judge John E. Steele on 9/10/2007. (BMA ) (Entered: 09/10/2007)
09/10/2007 118 RESPONSE to motion re 103 MOTION for summary judgment, 108 MOTION for
summary judgment filed by Board of Lee County Commissioners. (Peterson, Jack)
(Entered: 09/10/2007)
09/10/2007 122 PLAINTIFFS' MEMORANDUM IN RESPONSE to motion re 111 MOTION to
strike 102 Amended complaint,, or to Dismiss, and in support of Plaintiffs' Motion for
Summary Judgment on the issue of Defendants' liability for their "Deprivations" of
Plaintiffs' Rights, Privileges & Immunities under 42 U.S.C. 1983 [Civil Rights Violations]
filed by Jorg Busse. (js) (Entered: 09/12/2007)
09/11/2007 119 Unopposed MOTION to Remove as Plaintiffs by Kenneth M. Roesch, Jr, Anita M.
Roesch. (Rooth, Kelly) (Entered: 09/11/2007)
09/11/2007 120 RESPONSE in opposition re 103 MOTION for summary judgment on InverseCondemnation Claim filed by The Lee County Property Appraiser. (Johnson, Sherri)
(Entered: 09/11/2007)
09/12/2007 123 ORDER denying 84 the Defendant Lee County, Florida's Motion for Sanctions for
Plaintiff's Violation of Protective Order. Signed by Judge Sheri Polster Chappell on
9/12/2007. (lmh, ) (Entered: 09/12/2007)
09/12/2007 124 Monthly MOTION to dismiss Amended Complaint with Memorandum of Law by
Board of Lee County Commissioners. (Peterson, Jack) (Entered: 09/12/2007)
09/12/2007 128 PLAINTIFFS' MOTION to strike re 101 MOTION for protective order, MOTIONfor leave of Court to serve interrogatories upon defendant 'officials' by Jorg Busse,
Kenneth M. Roesch, Jr, Anita M. Roesch, Troy Parnell. (js) (Entered: 09/14/2007)
09/12/2007 129 MOTION to strike from all of Defendants' pleadings their insufficient defense of
sovereign immunity [Amendment XI], Plaintiff's MOTION for leave of Court to
controvert Defendants' "Insufficient" and "Immaterial" defenses by Jorg Busse, Kenneth
M. Roesch, Jr, Anita M. Roesch, Troy Parnell. (js) (Entered: 09/14/2007)
09/13/2007 125 ORDER denying 97 the Defendant Ken Wilkinson, as Lee County, Florida Property
Appraiser's Motion for Rule 11 Sanctions. Signed by Judge Sheri Polster Chappell on9/13/2007. (lmh, ) (Entered: 09/13/2007)
09/13/2007 126 ORDER granting 101 the Defendants State of Florida Board of Trustees of the Internal
Improvement Trust Fund and Florida Department of Environmental Protection's Motion
for a Protective Order. SEE ORDER FOR DETAILS. Signed by Judge Sheri Polster
Chappell on 9/13/2007. (lmh, ) (Entered: 09/13/2007)
09/13/2007 127 RESPONSE in opposition re 108 MOTION for summary judgment on Civil Rights
Claims filed by The Lee County Property Appraiser. (Johnson, Sherri) (Entered:
09/13/2007)
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09/13/2007 130 PLAINTIFFS' NOTICE of Defendant's violations of Federal Rules of Civil Procedure
11(b) representations to Court, and MOTION to strike "Defendants' Motion for
Sanctions" dated August 29, 2007 re 84 MOTION for sanctionsfor Plaintiff's
Violation of Protective Orderby Jorg Busse, Kenneth M. Roesch, Jr, Anita M.
Roesch, Troy Parnell. (js) (Entered: 09/17/2007)
09/13/2007 131 PLAINTIFFS' MOTION to strike 118 Response to motion by Jorg Busse, Kenneth
M. Roesch, Jr, Anita M. Roesch, Troy Parnell. (js) (Entered: 09/17/2007)
09/17/2007 132 PLAINTIFFS' NOTICE of Defendant Wilkinson's violations of Fed. R. Civ. Proc.
11(b): Representations to [this] Court, in "Defendant Property Appraiser's Motion to
Strike or Dismiss Plaintiffs' Second Amended Complaint" [Doc.111], [and as to order
to show cause why Wilkinson did not violate F.R.C.P. 11(b) on this Court's "Own
Initiative" by Jorg Busse, Kenneth M. Roesch, Jr, Anita M. Roesch, Troy Parnell. (js)
(Entered: 09/18/2007)
09/17/2007 133 MOTION to strike "Defendants' Motion for Sanctions" dated 09/11/07, and Plaintiffs'
Notice of Defendants' violations of Federal Rules Civil Procedure 11 (b):
Representations to [this] Court by Jorg Busse, Kenneth M. Roesch, Jr, Anita M.Roesch, Troy Parnell. (js) (Entered: 09/18/2007)
09/18/2007 134 UNOPPOSED MOTION to remove Troy Parnell as Plaintiff and supporting
memorandum of law by Troy Parnell. (js) (Entered: 09/19/2007)
09/18/2007 135 MOTION for summary judgment on the issue of all defendants' liability for "Trespass to
Plaintiff(s)' Gulf Front Accreted Lands" pursuant to Fed. R. civ. P. 56 by Jorg Busse.
(js) (Entered: 09/19/2007)
09/18/2007 136 PLAINTIFFS' RESPONSE re 111 MOTION to strike 102 Amended complaint, or to
Dismiss by Jorg Busse, Troy Parnell. (js) (Entered: 09/19/2007)
09/19/2007 139 PLAINTIFF(S)' MOTION for order compelling disclosure & discovery against
defendants State of Florida pursuant to Fed. R. Civ. P. 37(a) & (b) by Jorg Busse, Troy
Parnell. (js) Motions referred to Magistrate Judge Sheri Polster Chappell. (Entered:
09/21/2007)
09/19/2007 140 PLAINTIFF(S)' MOTION to waive defendant Appraiser's unspecific, untimely, and
unexcused objection to Plaintiff(S) interrogatories, pursuant to Fed. R. civ. P. 33(b) (4)
by Jorg Busse, Troy Parnell. (js) (Entered: 09/21/2007)
09/19/2007 141 PLAINTIFF(S)' REQUEST(S) for admission(s) of the truth by defendant Lee County
Property Appraiser K.M. Wilkinson pursuant to Fed. R. Civ. P. 36. (Attachments: # 1)
(js) (Entered: 09/21/2007)
09/20/2007 137 SUMMARY JUDGMENT NOTICE re 135 MOTION for summary judgment. (js)
(Entered: 09/20/2007)
09/20/2007 138 RESPONSE re 117 Order filed by State of Florida Board of Trustees of the Internal
Improvement Trust Fund, State of Florida Department of Environmental Protection.
(Russell, Reagan) (Entered: 09/20/2007)
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09/20/2007 143 MOTION to strike and MOTION for sanctions re 111 MOTION to strike 102
Amended complaint, or to Dismiss pursuant to Fed. R. Civ. P. 12(f) and 12 (c) by Jorg
Busse. (js) (Entered: 09/24/2007)
09/21/2007 142 ORDER granting 119 Plaintiffs Unopposed Motion to Remove Kenneth M. Roesch, Jr.
and Anita Roesch as Plaintiffs; granting 134 Plaintiffs Unopposed Motion Remove Troy
Parnell as Plaintiff. The Clerk is directed to terminate the following parties: Kenneth M.
Roesch, Jr, Anita Roesch, and Troy Parnell. Signed by Judge John E. Steele on
9/21/2007. (AFR) (Entered: 09/21/2007)
09/21/2007 144 RESPONSE to motion re 124 Monthly MOTION to dismiss Amended Complaint with
Memorandum of Law and motion for attorney(s)' fees and other expenses incurred,
pursuant to Fed. R. Civ. P. 11 (c) (1) (B) (2) filed by Jorg Busse, Troy Parnell. (js)
(Entered: 09/24/2007)
09/21/2007 145 PLAINTIFF(S)' MOTION to strike and MOTION for sanctions re 111 MOTION to
strike 102 Amended complaint,, or to Dismiss by Jorg Busse, Troy Parnell. (js)
(Entered: 09/24/2007)
09/21/2007 146 PLAINTIFF(S)' MOTION for order compelling disclosure & discovery against the
defendants State of Florida Board of Trustees of the internal improvement trust fund and
Florida Department of Environmental Protection, and their advising attorneys pursuant to
Fed. R. Civ. P. 37(a) & (B) and MOTION for attorney(s)' fees and expenses pursuant
to Fed. R. Civ. P. 37(a) (4) (A), by Jorg Busse, Troy Parnell. (js) (Entered:
09/24/2007)
09/21/2007 147 PLAINTIFF(S)' SUPPLEMENTAL REQUEST to produce Defendants State of
Florida, pursuant to Fed. R. Civ. P. 34, and 26, and 37, and MOTION for leave of
court by Jorg Busse, Troy Parnell. (js) Motions referred to Magistrate Judge Sheri
Polster Chappell. (Entered: 09/24/2007)
09/21/2007 149 PLAINTIFF(S)' MOTION for order compelling disclosure & discovery against
Defendants Lee County, its commissioners & attorney(s), pursuant to Fed. R. Civ. P.
37(a) & (b), and MOTION for attorney(s) fees and expenses pursuant to Fed. R. Civ.
P. 37(a) (4) (A) by Jorg Busse, Troy Parnell. (js) Motions referred to Magistrate Judge
Sheri Polster Chappell. (Entered: 09/24/2007)
09/24/2007 148 APPEAL of Magistrate Judge ruling to District Court by The Lee County Property
Appraiser re 125 Order on motion for sanctions (Johnson, Sherri) Modified on
9/26/2007 to correct event type (kma). (Entered: 09/24/2007)
09/24/2007 150 PLAINTIFF(S)' NOTICE of Plaintiff(s)' demands for reasonable attorney(s)' fees, and
costs pursuant to 42 U.S.C. 1988 (1976) by Jorg Busse. (js) (Entered: 09/24/2007)
09/24/2007 151 PLAINTIFF(S)' MOTION to strike 138 , pursuant to Fed. 12(f) and 42, and
MOTION for sanctions & application for order for defendants' payment(s) of
Plaintiff(S)' expenses, pursuant to Fed. R. civ. P. 37 (C) (2): and Plaintiff(s) Response
(I) to document 138, "Defendants', State of Florida Board of Trustees and Department
of Environmental Protection, response to order (document #117)". by Jorg Busse. (js, )
(Entered: 09/24/2007)
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09/24/2007 152 ORDER denying 139 the Plaintiff Jorg Busse's Motion to Compel Disclosure &
Discovery Against Defendants State of Florida Pursuant to Fed. R. Civ. P. 37(a) & (b)
(Doc. #139). The Plaintiff Jorg Busse's Motion to Reconsider the Court's Protective
Order Preventing the Plaintiff from Making Contact with Parties Who are Represented
by Counsel(Doc. # 139) is DENIED. The Plaintiff Jorg Busses Motion to Allow Him
Access to the Court's Electronic Filing System CM/ECF (Doc. # 139) is DENIED.
Signed by Judge Sheri Polster Chappell on 9/24/2007. (lmh, ) (Entered: 09/24/2007)
09/24/2007 153 MOTION for summary judgment on the issue of defendants' "Fabrications" of "fictitious"
"Land Parcel Numbers" 12-44-20-01.00000.00AO, and 07-44-21-01-00001.0000"
which do not exist on the respective Cayo Costa subdivision plat(s), pursuant to Fed. R.
civ. P. 56, and Plaintiff(s)' Demands for reasonable attorney(s)' fees, and cost pursuant
to 42 U.S.C. 1988 (1976). by Jorg Busse. (js) (Entered: 09/24/2007)
09/24/2007 154 PLAINTIFF(S)' NOTICE of Defendants' admission of federal jurisdiction. by Jorg
Busse, Troy Parnell. (js) (Entered: 09/24/2007)
09/24/2007 155 PLAINTIFF(S)' MOTION for summary judgment on the issue of Defendant
Appraiser's violations of federal appraisal standards & the uniform standards of
professional appraisal practice, including "fabrications" of "fictitious" "land parcel
numbers"; "12-44-20-01.00000.00AO, and 07-44-21-01-00001.0000", which do not
exist on the respective Cayo Costa subdivision plat(s), pursuant to Fed. R. civ. P. 56,
and PLAINTIFF(S)'MOTION for reasonable attorney(s)' fees, and costs pursuant to
42 U.S.C 1988 (1976) by Jorg Busse. (js, ) (Entered: 09/26/2007)
09/25/2007 157 PLAINTIFF(S)' NOTICE of all defendants' failure to disclose pursuant to Fed. R. Civ.
P. 26(a) (1), and PLAINTIFF(S)' MOTION for sanctions against defendant appraiser,
pursuant to Fed. R. Civ. P. 11 by Jorg Busse. (js) (Entered: 09/27/2007)
09/25/2007 158 PLAINTIFF(S)' PROOF of averred, published official records, pursuant to Fed. R. civ.
P. 44 (a) (1), in factual support of Plaintiff(S)' Motions for summary Judgment [doc.
#103, #108, #135, and other], pursuant to Fed. R. civ. P. 56. filed by Jorg Busse. (js)
(Entered: 09/27/2007)
09/25/2007 159 PLAINTIFF(S)' MOTION for sanctions against defendants State of Florida, pursuant
to Fed. R. Civ. P. 11, and Plaintiff(s)' NOTICE of defendant(s) State of Florida's failure
to disclose, pursuant to Fed. R. Civ. P. 26 (a) (1) by Jorg Busse. (js) (Entered:
09/27/2007)
09/26/2007 160 PLAINTIFF(S)' Admissable evidence that the "plat" records contained no such record
or entry of "fabricated" Lot "A" pursuant to Fed. R. Civ. P. 44 9b), and Plaintiff(s)'
NOTICE of defendant Appraiser's failure to admit the truth that lot "A" never existed by
Jorg Busse. (js) (Entered: 09/27/2007)
09/26/2007 162 PLAINTIFF(S)' admissible evidence that the records contain no such record or entry of
alleged Lot "A", pursuant to Fed. R. civ. P. 44(b), as "Averred" "With Particularity" in
documents #1 and 102. (Attachments: # 1) (js) (Entered: 09/28/2007)
09/27/2007 156 SUMMARY JUDGMENT NOTICE re 155 MOTION for attorney fees MOTION
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for summary judgment, 153 MOTION for summary judgment. (js) (Entered:
09/27/2007)
09/27/2007 164 PLAINTIFF(S)' MOTION for Declaratory Judgment, pursuant to Fed. R. civ. P. 57,
and Plaintiff(S) admissible evidence of "lack of record" of "Lot A" and "land parcel" "12-
44-20-01.00000.00A0, and of "civil fraud" and "civil conspiracy" by defendant
appraiser, and by his "advising attorney", pursuant to Fed. R. Civ. P. 44 (b). Lack of
record. by Jorg Busse. (Attachments: # 1)(js) (Entered: 10/01/2007)
09/27/2007 165 PLAINTIFF(S)' ADMISSIBLE Evidence of defendant(s) State's June 26, 2003,
"Cabinet Meeting Transcripts" in factual support of Defendant State of Florida's "Civil
Fraud" & "Civil Conspiracy" & "Fraudulent" "Takings" of "Private Property" "For public
use [Cayo Costa State Park]" "Without due process & just compensation" pursuant to
Fed. R. Civ. P. 44, 56, & 57 (Attachments: # 1) (js) Modified on 10/1/2007 to edit
docket text(js). (Entered: 10/01/2007)
09/27/2007 166 PLAINTIFF(S)' MOTION for Declaratory Judgment regarding A) Plaintiff(S)' "Federal
Rights", and 42 U.S.C. 1983 "Deprivations" of said "Federal Rights" by all defendants,
pursuant to Fed. R. Civ. P. 57 and 1, based on the admissible evidence of all four cayocosta plats, pursuant to Fed. R. Civ. P. 44(a), and the admissible [sic] evidence of lack
of record of any changes since 1912, pursuant to Fed. R. Civ. P. 44(b) by Jorg Busse.
(js, ) (Entered: 10/01/2007)
09/27/2007 168 PLAINTIFF(S)' Interrogatory II propounded upon all defendants by Jorg Busse. (js)
(Entered: 10/01/2007)
09/27/2007 169 PLAINTIFF(S)' Interrogatory III: "Where and when was the conveyance of lot "A",
Lee County Property Appraiser's parcel I.D./ folio number(s) "12-44-20-01-
00000.00A0" recorded in the grantor/grantee index [or number (s)?]?", propounded
upon all defendants by Jorg Busse. (js) (Entered: 10/01/2007)
09/27/2007 170 PLAINTIFF(S)' Interrogatory IV: "Why did you deny plaintiff(s) and deprive plaintiff(s)
of the Federal, civil, riparian, property, subdividing, & other rights Alexander C. Roesch
[original subdivider] had, and which were "conclusively" "established" by, and
"recorded" in Lee County "official records" 1/49, 1/51, and 3/25?" propounded upon all
defendants by Jorg Busse. (js) (Entered: 10/01/2007)
09/27/2007 171 PLAINTIFF'(S) Interrogatory V: "Why was Lee County official record 569/875 [Doc.
#24-2; 05/25/2007], which controverted Lee County "Official Records" 1/49, 1/51,
1/52, and 3/25, never signed by anybody?", propounded upon all defendants by JorgBusse. (js) (Entered: 10/01/2007)
09/28/2007 161 NOTICE by State of Florida Board of Trustees of the Internal Improvement Trust
Fund, State of Florida Department of Environmental Protection of Serving Answers
and Objections to Interrogatories Propounded by Plaintiff(Russell, Reagan)
(Entered: 09/28/2007)
09/28/2007 163 RESPONSE in opposition re 140 MOTION to waive defendant Appraiser's unspecific,
untimely, and unexcused objection to Plaintiff(S) interrogatories, pursuant to Fed. R. civ.
P. 33(b) (4) filed by The Lee County Property Appraiser. (Johnson, Sherri) (Entered:
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09/28/2007)
09/28/2007 172 PLAINTIFF(S)' MOTION for summary judgment against Defendant Lee County
Attorney on the issue of defendant attorney's liability for "civil fraud", pursuant to Fed. R.
Civ. P. 1,44(a), 44(b), 56,57, and 42 U.S.C. 1983, 42 U.S.C. 1988, and demand for
"punitive damages" against "officials" personally by Jorg Busse. (js) (Entered:
10/01/2007)
10/01/2007 167 PLAINTIFF(S)' Interrogatory II propounded upon all defendants by Jorg Busse. (js)(Entered: 10/01/2007)
10/01/2007 173 SUMMARY JUDGMENT NOTICE re 172 MOTION for summary judgment. (js)
(Entered: 10/01/2007)
10/01/2007 174 PLAINTIFF(s)' MOTION for judgment(s) against defendant Appraiser for failure to
state any legal defense(s) in response to Plaintiff(S) causes of action, claims for relief,
and "particular" "counts" of 1) 42 U.S.C. 1983 "violations" and "deprivations"; and 2)
punitive damages under 42 U.S.C. 1988; and 3) civil fraud; and 4)civil conspiracy; and
5)trespass to plaintiff(S)' lands; and 6)"fraudulent" "uncompensated" "takings"; and the
7)other causes of action, and claims for relief, pursuant to Fed.R.Civ. P.
7,8,11,1,56,44(b) & (a) by Jorg Busse. (js, ) (Entered: 10/02/2007)
10/01/2007 175 PLAINTIFF(S)' MOTION for Declaratory Judgment that A) Lee County never was
the legal owner of Lot "A", and B) Lee County never was the legal owner of Block "1",
and C)Defendant Appraiser "deprived" plaintiff(s) through his fraudulent claims, pursuant
to 42 U.S.C. 1983, and 1988; and D)Appraiser & his attorney inteded to undermine
the integrity of the property recordation system & this judicial proceeding by Jorg Busse.
(js) (Entered: 10/02/2007)
10/01/2007 176 MOTION for Declaratory Judgment that A) Plaintiff(S)' Lots "15 A", "2", "3", and "P"were abutting "Navigable Water" & thereby "riparian" Gulf front lots, & that B)
Defendant Attorney "deprived" Plaintiff(S) through his fraudulent claims, pursuant to 42
U.S.C. 1983, and 1988, and was officially and individually liable for fees & expenses by
Jorg Busse. (js) (Entered: 10/02/2007)
10/02/2007 181 PLAINTIFF(S)' MOTION for expenses and MOTION for sanctions following
Defendant Appraiser's failure to disclose and failure to cooperate in discovery, pursuant
to Fed. R. Civ. P. 37(4), 37, 26(a) (1), 26, 33, 50, 16, et al. by Jorg Busse.
(Attachments: # 1)(js) (Entered: 10/04/2007)
10/02/2007 182 PLAINTIFF(S)' MOTION to show cause why expert witness(es) should not be
appointed, pursuant to Fed. R. Evidnece 706, 705, 702 by Jorg Busse. (js) (Entered:
10/04/2007)
10/02/2007 183 MOTION for leave of Court to serve interrogatroy "Appraiser's fraud & fraudulent
alienation I" upon D. Appraiser, pursuant to Fed. R. Civ. P. 33(a) & (B) & MOTION
for optional answer, pursuant to Fed. R. Civ. P. 33(d) by Jorg Busse. (Attachments: #
1)(js) (Entered: 10/04/2007)
10/03/2007 177 MOTION to strike 135 MOTION for summary judgment, 155 MOTION for attorney
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fees MOTION for summary judgment, 153 MOTION for summary judgment or, in the
alternative, Motion in Opposition to Plaintiff's Motions for Summary Judgmentby
State of Florida Board of Trustees of the Internal Improvement Trust Fund, State of
Florida Department of Environmental Protection. (Russell, Reagan) (Entered:
10/03/2007)
10/03/2007 178 RESPONSE in opposition re 135 MOTION for summary judgment filed by The Lee
County Property Appraiser. (Johnson, Sherri) (Entered: 10/03/2007)
10/03/2007 184 MOTION to strike defendant Appraiser's "Objections to Magistrate Judge's order
denying motion", and "Response to Plaintiff's motion to waive defendant's objections"
[Doc. # 148 & 163, Respectively] by Jorg Busse. (js) (Entered: 10/05/2007)
10/03/2007 185 PLAINTIFF(S)' NOTICE of 'No service made', pursuant to Fed. R. civ. P. 5, and
Plaintiff(s)' notice of defendants' failure to comply with order, pursuant to Fed. R. Civ.
P. 37(b)(2) [Sanctions: Contempt of this court's 09/13/2007 order/ Doc. #126] by Jorg
Busse. (js) (Entered: 10/05/2007)
10/04/2007 179 RESPONSE to motion re 155 MOTION for attorney fees MOTION for summary
judgment, 153 MOTION for summary judgment filed by Lee County, Florida.
(Peterson, Jack) (Entered: 10/04/2007)
10/04/2007 180 RESPONSE to motion re 172 MOTION for summary judgment filed by Lee County,
Florida. (Peterson, Jack) (Entered: 10/04/2007)
10/04/2007 186 PLAINTIFF(S)' PROMPT APPLICATION for entry of default against defendant Lee
County Attorney, pursuant to Rule 1.074, and Fed. R. Civ. P. 55, 44, and 12. by Jorg
Busse. (Attachments: # 1)(js) Motions referred to Magistrate Judge Sheri Polster
Chappell. (Entered: 10/05/2007)
10/04/2007 187 PLAINTIFF'S NOTICE of conference with defendants State of Florida, pursuant to
Fed. R. Civ. P. 26, 16, 44, 56, 57, including consideration of "prompt settlement", and
"referral of the matter of professional behavior" of Harold G. Vielhauer, Florida Bar No.
608350, pursuant to Local Rule 2.04 by Jorg Busse (js) (Entered: 10/05/2007)
10/04/2007 188 PLAINTIFF(S)' MOTION for consideration and/or scheduling of a preliminary pretrial
conference, pursuant to Local Rule 3.05 (C) (D), and Fed. R. Civ. P. 16. by Jorg
Busse. (js) (Entered: 10/05/2007)
10/08/2007 189 RESPONSE in opposition re 155 MOTION for attorney fees MOTION for summary
judgment filed by The Lee County Property Appraiser. (Johnson, Sherri) (Entered:10/08/2007)
10/09/2007 190 ORDER providing parties the Consent to Exercise of Jurisdiction by a United States
Magistrate Judge form. Signed by Judge John E. Steele on 10/9/2007. (RKM)
(Entered: 10/09/2007)
10/09/2007 191 PLAINTIFF'S "Objection(S)" to the documents electronically filed by Reagan Kathleen
Russell, Florida Bar NO. 0024042, and signed "/S/ Harold George Vielhauer", Florida
Bar No. 608350, "Law Office of Harold G. Vielhauer", pursuant to Fed. R. Civ. P. 11,
& 12, and the CM/ECF administrative procedures Middle District of Florida, and Rule
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301, 405, F. R. E., and this Court's Local Rules. (js) (Entered: 10/09/2007)
10/09/2007 192 PLAINTIFF(S)' Memorandum pertaining to the presumptive validity of the admissible
evidence of the Cayo Costa plat maps, in support of prompt settlement & Motions for
summary judgment as a matter of fact, pursuant to Rule 3, & Fed. R. civ. P. 26, 50, 52,
55, 56, 57, 44, 11, &12, and Rule 301, 405, F.R.E. (js) (Entered: 10/09/2007)
10/09/2007 193 PLAINTIFF'S MOTION to strike all documents electronically filed, and unsigned by
"filing attorney Reagan Kathleen Russell", "Florida Bar No. 0024042", department ofenvironmental protection", and plaintiff's "objection", pursuant to Fed. R. Civ. P. 11, 12,
and the CM/ECF administrative procedures Middle District of Florida, and Rule 301,
405, F.R.E., and this Court's local rules by Jorg Busse. (js) (Entered: 10/09/2007)
10/10/2007 194 NOTICE of notification of The Florida Bar of Attorney Jack N. Peterson's continual
fraudulent misrepresentation of fictitious Lot "A" & Block "1", which never existed on
the official Cayo Costa plat map, Lee County Official Publication 3/25, and of
Peterson's (Florida Bar #0832774) corrupt & fraudulent character by Jorg Busse
(Attachments: # 1 Exhibit)(kma) (Entered: 10/10/2007)
10/11/2007 195 MOTION for Preliminary Hearing before trial pursuant to Fed.R.Civ.P. 12(d) by Jorg
Busse. (slu) (Entered: 10/11/2007)
10/11/2007 196 FACTUAL support re 195 Motion for Hearing filed by Jorg Busse. (slu) (Entered:
10/11/2007)
10/11/2007 197 MOTION to adjudge Attorney Jack N. Peterson guilty of contempt pursuant to
Fed.R.Civ.P. 12(g) by Jorg Busse. (slu) (Entered: 10/11/2007)
10/12/2007 198 MOTION for issuance of court order 'specifying the facts without substantial
controversy', and in particular, the 'fiction of Lot A and Block 1', which never existed on
the Cayo Costa subdivision plat map, pursuant to Fed.R.Civ.P. 56(d) by Jorg Busse.
(slu) Motions referred to Magistrate Judge Sheri Polster Chappell. (Entered:
10/12/2007)
10/15/2007 199 EVIDENCE of boundary survey for examination by this court at hearing of motion
pursuant to Fed. R. Civ. P 56 and 56(b), specifying the fact that the Gulf of Mexico was
the natural boundary of plaintiff's Lot 15A "without any controversy" by Jorg Busse
(Attachments: # 1 Exhibit)(kma) (Entered: 10/17/2007)
10/16/2007 200 MOTION to strike document #177, and to adjudge defendants & Attorney H.G.
Vielhauer guilty of contempt, pursuant ot Rule 56 (g), 11, 12 and as evidenced by"fraud", to be presented at the time fixed for the hearing of motion with particularity
pursuant to Fed. R. Civ. P. 56, 56 (d) & 9 by Jorg Busse. (Attachments: # 1 Exihibit #
2) Exhibit(kma) (Entered: 10/17/2007)
10/16/2007 201 MOTION to strike documents # 179 & 180, and to adjudge defendants & Attorney
Jack N. Peterson guilty of contempt, pursuant to Rule 56 (g), 11, & 12, and as
evidenced by survey, to be presented at the time fixed for the hearing of motion pursuant
to Fed. R. Civ. P. 56 & 56 (d), specifying the fact that defendants encroached on
plaintiff's land in order to illegally operate the Cayo Costs State Park by Jorg Busse.
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(Attachments: # 1 Exhibit)(kma) (Entered: 10/17/2007)
10/18/2007 202 ORDER denying 147 the Plaintiff George Busse's Supplemental Request to Produce to
Defendants State of Florida Pursuant to Fed. R. Civ.P. 34, and 26, and 37, and
Plaintiff(s)' Motion for leave of Court. Signed by Judge Sheri Polster Chappell on
10/18/2007. (lmh, ) (Entered: 10/18/2007)
10/18/2007 203 ORDER denying 149 the Plaintiff Jorg Busses Motion for Order Compelling Disclosure
& Discovery Against Defendants Lee County, Its Commissioners & Attorney(s)Pursuant to Fed. R. Civ. P. 37(a) & (b) and the Plaintiff(s) Motion for Attorneys Fees
and Expenses Pursuant to Fed. R. Civ. P. 31(a)(4)(A). Signed by Judge Sheri Polster
Chappell on 10/18/2007. (lmh, ) (Entered: 10/18/2007)
10/19/2007 204 MOTION to adjudge defendant Appraiser & his Attorney Sherri L. Johnson guilty of
contempt, MOTION to strike 178 and 189 pursuant to Rule 56(g), 56, 9, 11, & 12
and as evidenced by the "fraud" of "Lot A" and "Block 1" by Jorg Busse. (Attachments:
# 1 Exhibit # 2 Exhibit)(slu) (Entered: 10/19/2007)
10/19/2007 205 PLAINTIFF(S)' exhibit of "The Florida Bar Complaints against Attorneys Peterson,
Johnson, and Vielhauer" by Jorge Busse. (slu) Additional attachment(s) added on
10/22/2007 (slu, ). (Entered: 10/22/2007)
10/19/2007 206 PLAINTIFF(S)' exhibit of "affidavit" by Jorge Busse. (slu) (Entered: 10/22/2007)
10/19/2007 207 PLAINTIFF(S)' exhibit of "motion for consolidation" in the Circuit Court of the 20th
Judicial Circuit in and for Lee County, Florida Case No. 2:06-CA-003185 by Jorge
Busse. (slu) (Entered: 10/22/2007)
10/22/2007 208 NOTICE of Hearing on Motion 148 Defendant Property Appraiser's Objection to
Magistrate Judge's Order Denying Motion for Rule 11 Sanctions. Motion Hearing set
for 11/7/2007 at 09:30 AM in Courtroom 6 B before Magistrate Judge Sheri Polster
Chappell. (LAG, ) (Entered: 10/22/2007)
10/22/2007 209 ORDER granting 148 the Defendant Property Appraiser's Objection to Magistrate
Judge's Order Denying Motion for Rule 11 Sanctions. A hearing will be held on the
Defendant Property Appraisers Motion for Rule 11(c) Sanctions on Wednesday,
November 7, 2007, at 9:30a.m. before the undersigned at the United States Courthouse
and Federal Building, 2110 First Street, Courtroom 6B, Fort Myers, Florida. Signed by
Judge Sheri Polster Chappell on 10/22/2007. (lmh, ) (Entered: 10/22/2007)
10/23/2007 210 RESPONSE in opposition re 193 MOTION to strike and re [Docs. 191, 187, and185] filed by State of Florida Board of Trustees of the Internal Improvement Trust
Fund, State of Florida Department of Environmental Protection. (Russell, Reagan)
(Entered: 10/23/2007)
10/23/2007 211 MOTION to Appear Telephonicallyfor Hearing November 7, 2007by State of
Florida Board of Trustees of the Internal Improvement Trust Fund, State of Florida
Department of Environmental Protection. (Russell, Reagan) Motions referred to
Magistrate Judge Sheri Polster Chappell. (Entered: 10/23/2007)
10/23/2007 212 MOTION for sanctions by Board of Lee County Commissioners. (Attachments: #
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1)(Peterson, Jack) (Entered: 10/23/2007)
10/24/2007 213 CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Judge Sheri
Polster Chappell on 10/24/2007. (LAG, ) (Entered: 10/24/2007)
10/29/2007 214 RESPONSE in opposition re 204 MOTION to adjudge defendant Appraiser & his
Attorney Sherri L. Johnson guilty of contempt MOTION to strike filed by The Lee
County Property Appraiser. (Johnson, Sherri) (Entered: 10/29/2007)
10/30/2007 215 MOTION to extend time to Serve Mandatory Initial Disclosures by The Lee County
Property Appraiser. (Johnson, Sherri) (Entered: 10/30/2007)
10/30/2007 216 First MOTION to extend time to mandatory initial disclosures by State of Florida Board
of Trustees of the Internal Improvement Trust Fund, State of Florida Department of
Environmental Protection. (Funchess, Linda) (Entered: 10/30/2007)
10/31/2007 218 "Just, Speedy, & Inexpensive Determination" of Defendant Appraiser's position as
"Impossible", to "Discourage wasteful pretrial activities", pursuant to F.R.C.P. 1, 56, &
this court's order, Doc. #213. (js) (Entered: 11/03/2007)
10/31/2007 219 PLAINTIFF'S partial disclosure of expert report(s) by measurement science
corporation for "Just, Speedy, & Inexpensive determination of the action" & to
discourage wasteful pretrial activities" pursuant to F.R.C.P. 26, 56, & 1 filed by Jorg
Busse. (js) (Entered: 11/03/2007)
11/01/2007 220 PLAINTIFF'S NOTICE of defendant's failure to disclose, false and misleading
disclosure, and refusal to admit, and MOTION for sanctions pursuant to Fed.R.Civ. P.
37, 26,56, &1 by Jorg Busse. (js) (Entered: 11/03/2007)
11/01/2007 221 PLAINTIFF'S NOTICE of false and misleading disclosure, and refusal to admit, by
defendants State of Florida & their advising attorneys, and MOTION for sanctionspursuant to Fed. R. Civ. P. 37, 26, 56 & 1 by Jorg Busse. (js) Additional attachment(s)
(exhibit A & B attached to document)added on 11/3/2007 (js, ). (Entered: 11/03/2007)
11/01/2007 222 NOTICE of unavailability by Jorg Busse. (Attachments: # 1 Exhibit A# 2 Exhibit B)(js)
(Entered: 11/03/2007)
11/02/2007 217 ORDER granting 211 the Defendants', Board of Trustee and Department of
Environmental Protection, Request for Leave of Court to Appear by Telephone. Signed
by Judge Sheri Polster Chappell on 11/2/2007. (lmh, ) (Entered: 11/02/2007)
11/02/2007 223 PLAINTIFF'S NOTICE of false and misleading disclosure(s) and refusal to admit, bydefendants Lee County, Florida, Lee County Attorney, and Lee County
Commissioners, and MOTION for sanctions pursuant to Fed. R. civ. P. 37, 26, 56, &
1 by Jorg Busse. (js) (Entered: 11/03/2007)
11/02/2007 224 PLAINTIFF'S MOTION for extension of deadline for "disclosure of expert reports"
until after defendants' mandatory initial & other ordered disclosures & discovery,
correction of defendants' false and misleading disclosures, and defendants' cooperation
in discovery, pursuant to Fed. R. Civ. P. 37, 26, 56, & 1, and Doc. #213 by Jorg
Busse. (js) (Entered: 11/03/2007)
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11/02/2007 225 PLAINTIFF'S supplemental disclosure(s) of the identity of persons used at May 5,
2008 trial to present evidence pursuant to Fed. R. Evidence 702, 703, & 705, and of
pending expert reports filed by Jorg Busse. (js) (Entered: 11/03/2007)
11/05/2007 226 MOTION to compel compliance with this Court's Order by Jorg Busse. (Attachments:
# 1 Exhibit)(slu) Motions referred to Magistrate Judge Sheri Polster Chappell. (Entered:
11/05/2007)
11/05/2007 227 NOTICE of unavailability by Jorg Busse from 11/7/07 to 11/7/07. (slu) (Entered:11/05/2007)
11/05/2007 228 THIRD NOTICE of unavailability by Jorg Busse from 11/7/07 to 11/7/07 & NOTICE
of conference with Defendant Property Appraiser's advising Attorney. (Attachments: # 1
Exhibit)(slu) (Entered: 11/05/2007)
11/05/2007 229 MOTION to stay discoverypending resolution of dispositive motionsby State of
Florida Board of Trustees of the Internal Improvement Trust Fund, State of Florida
Department of Environmental Protection. (Russell, Reagan) Motions referred to
Magistrate Judge Sheri Polster Chappell. (Entered: 11/05/2007)11/05/2007 230 NOTICE of proof of the documents relating to Lee County Lands and maintained in the
Office of County Lands at the next hearing, originally scheduled for 11/7/07 but now
being re-scheduled due to plaintiff's unavailability. STIPULATION that Lee County
could have never legally owned Lot A and Block 1 pursuant to Fed.R. Evidence 901,
1003, 1004, 1005 by Jorg Busse (Attachments: # 1 Exhibit)(slu) (Entered: 11/05/2007)
11/05/2007 231 FOURTH NOTICE of unavailability by Jorg Busse from 11/7/07 to 11/7/07 &
NOTICE of conference with Defendant Property Appraiser's advising Attorney S.L.
Johnson on October 26, 2007. (Attachments: # 1 Exhibit)(slu) (Entered: 11/05/2007)
11/05/2007 232 SUPPLEMENTAL disclosure(s) of the identity of persons used at 5/5/08 trial to
present evidence pursuant to Fed.R. Evidence 702, 703, & 705, and of previously filed
expert reports: Brigham Moore, LLP Eminent Domain & Property Rights Lawyers by
Jorg Busse. (Attachments: # 1 Exhibit)(slu) (Entered: 11/05/2007)
11/05/2007 234 PLAINTIFF'S "NOTICE" of Proof of the "Documents relating to Lee County Lands",
and "Maintained in the office of County Lands", at the next hearing, originally scheduled
for November 7, 2007, but now being re-scheduled, due to plaintiff's unavailability. by
Jorg Busse (Attachments: # 1)(js) (Entered: 11/06/2007)
11/05/2007 235 NOTICE of unavailability; alternative days by Jorg Busse from 11/7/07 to 11/7/07. (js)
(Entered: 11/06/2007)
11/06/2007 233 ORDER directing the Plaintiff to appear in person at the hearing scheduled before the
undersigned at the Federal Courthouse, Fort Myers, Florida, Courtroom 6B, at
9:30a.m. The Plaintiff is to come prepared to argue the Defendant Lee County Property
Appraiser's Motion for Rule 11(c) sanctions and to participate in a meaningful manner in
any further discussions regarding the status of the case. Failure to appear will result in the
Court hearing the motion for sanctions against the Plaintiff without benefit of his response
as well as the possibility of the Court imposing sanctions for Contempt of Court for
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failing to abide by a court order. The Clerk is directed to contact the Plaintiff and advise
him of the imposition of this Order. Signed by Judge Sheri Polster Chappell on
11/6/2007. (lmh, ) (Entered: 11/06/2007)
11/06/2007 236 PLAINTIFF'S Exhibits regarding: Florida Bar Investigations, selection of mediator,
delivery of written summary to mediator, including Defendants' "conspiratorial" "fraud" of
"Lot A", and concise statements of no genuine issues for trial, pursuant to this Court's
10/24/2007 order, and Ch. 9 & 1, Local Rules, & F.R.C.P. 1,16, 56; Stipulation(s)
that Lee County could have never legally owned "fraudulent" & "fictitious" "Lot A" &"Block 1", pursuant to Fed. R. evidence 901, 1003, 1004, 1005 by Jorg Busse
(Attachments: # 1 Exhibit Florida Bar Investigations- Wilhelm# 2 Exhibit Mediator)(js, )
(Entered: 11/06/2007)
11/06/2007 237 MOTION for Hearing on Plaintiff's Motions for Summary Judgment, pursuant to
Fed.R.Civ. P. 56(c), and the stipulation that Lee County could have never legally owned
"Lot A" and "Block 1", pursuant to Fed. R. Evidence 901, 1003, 1004, 1005.
NOTICE of no genuine issues for trial because "Lot A" never legally existed by Jorg
Busse. (Attachments: # 1 Exhibit)(js) (Entered: 11/06/2007)
11/06/2007 238 PLAINTIFf'S NOTICE of delivery of written summary to mediator, to include
defendants' "conspiratorial" "fraud" of "Lot A", and concise statements of no genuine
issues for trial, pursuant to Ch. 9 & 1, Local Rules, & F.R.C. P. 1, 16, 56. Stipulation
that Lee County could have never legally owned "fraudulent" & "fictitious" "Lot A" &
"Block 1", pursuant to Fed. R. evidence 901, 1003, 1004, 1005 by Jorg Busse.
(Attachments: # 1)(js) (Entered: 11/06/2007)
11/07/2007 239 MINUTE ENTRY for proceedings held before Judge Sheri Polster Chappell : Motion
Hearing held on 11/7/2007 re 97 MOTION for sanctionsPursuant to Rule 11 filed by
The Lee County Property Appraiser. Court heard from the parties and will take thematter under advisement. A report and recommendation will be entered. Court
Reporter: Martina Reporting Services - Patsy Coleman (LAG, ) (Entered: 11/07/2007)
11/07/2007 240 ORDER for transcript re 239 Motion Hearing, Signed by Judge Sheri Polster Chappell
on 11/7/2007. (LAG, ) (Entered: 11/07/2007)
11/07/2007 241 CERTIFICATE of compliance by State of Florida Board of Trustees of the Internal
Improvement Trust Fund, State of Florida Department of Environmental Protection.
(Russell, Reagan) (Entered: 11/07/2007)
11/07/2007 243 SUPPLEMENTAL Disclosure(s) of the identity of Karen Forsyth, a person used atMay 5, 2008 trial to present evidence pursuant to FEd. R. Evidence 702, 703, & 705,
and of Forsyth's expert report(s): Karen Forsyth, Director, Division of Lee County
Lands; Forsyth expert reports: "Land Inventory control file 12-44-20-01-
00000.00AO", and "murdockpointcayocosta.pdf" by Jorg Busse. (JS) (Entered:
11/14/2007)
11/07/2007 244 PLAINTIFF'S FIFTH NOTICE of unavailability on November 7, 2007 & NOTICE of
'Termination' of 11/07/2007 motion hearing as per docket/ ECF Case information filed
by Jorg Busse.(JS) (Entered: 11/14/2007)
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11/07/2007 245 PLAINTIFF'S NOTICE of no pending hearings on 11/07/2007, and 'Termination' of
11/07/2007 Motion hearing as per docket/ ECF case information, and sixth NOTICE
of Plaintiff's unavailability on November 7, 2007. MOTION to compel Defendants'
disclosure of all victims of their "conspiratorial" "fraud" of "Lot A", & "Block 1" prior to
any hearing, pursuant to this court's order, the certificate of interested persons, & Fed.
R. Civ. P. filed by Jorg Busse. (JS) Motions referred to Magistrate Judge Sheri Polster
Chappell. (Entered: 11/14/2007)
11/07/2007 246 PLAINTIFF'S NOTICE of no pending hearings on 11/07/2007, and 'termination' of11/7/2007 motion hearing as per docket/ ECF case information, and sixth NOTICE of
Plaintiff's unavailability on November 7, 2007. Plaintiff's MOTION to compel
defendant's disclosure of all victims of their "conspiratorial" "fraud" of "Lot A", & "Block
1" prior to any hearing, pursuant to this Court's order, the certificate of interested
persons & Fed. R. Civ. P. by Jorg Busse. (JS) Motions referred to Magistrate Judge
Sheri Polster Chappell. (Entered: 11/14/2007)
11/07/2007 247 PLAINTIFF'S FIFTH NOTICE of unavailability on November 7, 2007 & Notice of
'Termination' of 11/07/2007 motion hearing as per docket/ ECF case information filed
by Jorg Busse. (JS) (Entered: 11/14/2007)
11/13/2007 248 MOTION to declare defendant appraiser's "improper" defenses, claims &
representations of Lot A & Block 1 without any evidentiary support pursuant to
F.R.C.P. 11(b) & (c) by Jorg Busse. (JS) (Entered: 11/14/2007)
11/13/2007 249 MOTION to compel defendants to respond to Plaintiff's interrogatories & to disclose
tracking information for undocumented falsley certified shipment(s) by Jorg Busse. (JS)
Motions referred to Magistrate Judge Sheri Polster Chappell. (Entered: 11/14/2007)
11/13/2007 250 MOTION to strike defendant's Motions, because their defenses and claims of Lot A &
Block 1 were insufficient $ scandalous, pursuant to F.R.C.P. 12 (f) by Jorg Busse. (JS)
(Entered: 11/14/2007)
11/13/2007 251 MOTION for disclosure of victims & interested persons pursuant to 04/17 &
10/24/2007 Court orders & F.R.C.P. 11 (b) & (c) by Jorg Busse. (JS) Motions
referred to Magistrate Judge Sheri Polster Chappell. (Entered: 11/14/2007)
11/14/2007 242 REPORT AND RECOMMENDATION re 97 MOTION for sanctionsPursuant to
Rule 11 filed by The Lee County Property Appraiser. It is respectfully recommended
the Defendant Lee County Property Appraiser's Motion for Rule 11 Sanctions should
be GRANTED. Signed by Magistrate Judge Sheri Polster Chappell on 11/14/2007.(LMH) Modified on 11/14/2007 (LKS). (Entered: 11/14/2007)
11/14/2007 252 AMENDED REPORT AND RECOMMENDATION re 97 MOTION for sanctions
Pursuant to Rule 11 filed by The Lee County Property Appraiser. Signed by
Magistrate Judge Sheri Polster Chappell on 11/14/2007. (LMH) (Entered: 11/14/2007)
11/14/2007 253 MOTION to compel defendants to disclose witnesses & the truth of the fraud of Lot A
& Block 1, pursuant to this Court's 10/24/2007 order for the just, speedy &
inexpensive determination of the action by Jorg Busse. (Attachments: # 1 Exhibit 'AG', #
2 Exhibit 'SJ')(JS) Motions referred to Magistrate Judge Sheri Polster Chappell.
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(Entered: 11/14/2007)
11/14/2007 254 TRANSCRIPT of Motion for Rule 11 Sanctions held on 11/7/07 before Judge Sheri
Polster Chappell. Court Reporter: Patsy Lynn Coleman. (JS) (Entered: 11/15/2007)
11/15/2007 256 PLAINTIFF'S RESPONSE to the Florida Bar & Supreme Court in the matter of the
investigation of Sherri Lynn Johnson, RFA 08-7245. (JS) (Entered: 11/17/2007)
11/15/2007 257 PLAINTIFF'S MOTION to compel defendant appraiser to respond to interrogatory #1
& admit the truth of no Lot A by Jorg Busse. (JS) Motions referred to Magistrate Judge
Sheri Polster Chappell. (Entered: 11/17/2007)
11/16/2007 255 MOTION for protective order by Board of Lee County Commissioners. (Attachments:
# 1 Exhibit A&B)(Peterson, Jack) Motions referred to Magistrate Judge Sheri Polster
Chappell. Modified on 11/19/2007 COUNSEL notified Clerk's office this was filed in
error. Stated it was a duplicate motion in the case and will refile (JS). (Entered:
11/16/2007)
11/19/2007 258 MOTION for protective orderfrom deposition by Board of Lee County
Commissioners. (Attachments: # 1 Exhibit A&B)(Peterson, Jack) Motions referred toMagistrate Judge Sheri Polster Chappell. (Entered: 11/19/2007)
11/19/2007 259 Emergency MOTION for protective order by The Lee County Property Appraiser.
(Attachments: # 1 Exhibit A)(Johnson, Sherri) Motions referred to Magistrate Judge
Sheri Polster Chappell. (Entered: 11/19/2007)
11/19/2007 262 PLAINTIFF'S Disclosures of expert witnesses pursuant to order: Lawyer(s) of the real
property, probate & trust law section of the American Bar Associatioon by Jorg Busse.
(JS) (Entered: 11/20/2007)
11/20/2007 260 ORDER granting 259 Defendant, Lee County Property Appraiser's Emergency Motionfor Protective Order. The Purported Subpoena Duces Tecum is h
Recommended