As funding methodology methodology developed developed for for this this proposal proposal isis based basedon onthe thenumber numberofofbacklogged backloggedcases cases(in (inthe the As aa reminder, reminder, the funding Magistrate, one oneCase Case Manager Managerand andtwo twoAdministrative AdministrativeSupport Support civil civil areas) areas) in in each each circuit. circuit. A ratio of one General Magistrate, backlogged cases was applied to estimate estimate need. need.One OneAdministrative AdministrativeSupport Supportposition positionisis positions for every 15,000 backlogged dedicated civil cas~tove're~JKder thf~ogram with exclusion residential dedicated to to mediation mediationfor forthe thecoordination coordinationofof civil castoveied uier thi1ogram with thethe exclusion ofof residential homestead mortgage foreclosure foreclosure cases cases handled handled through throughthe themanaged managedmediation mediationprogram. program.The Theannual annualsalaries salariesused usedtoto homestead mortgage calculate the the allocation allocation amounts amountswere wereapproximately: approximately:$79,688 $79,688for forGeneral GeneralMagistrates, Magistrates,$39,126 $39,126for forCase CaseManagers, Managers,and and Admin Support. $26,090 for Admin needed again again from from the thecircuits circuits as asto tohow howeconomic economicrecovery recoveryresources resourceswill willbebedeployed deployed Additional Additional information is also needed be able able to to share sharethis thisinformation informationwith withthe theclerks clerksso sothey theycan canplan plan circuit-wide. Court leadership leadership would would like like to be circuit-wide. Court we~iJprbpriated~ Who would tell the mail mail totothe thetwo twonew new > foreclosure foreclosure section section offices? offices?

S.

13TH CIR 00432

Wells, Trac Tracy Prom: From: Sent: Sent: To: To: Cc: Co: Subject: Subject:

Wells, Tracy Wells, Wednesday, July 21, Wednesday. 21. 2010 6:05 PM Sequolra, Maria Sequeira, Schatzberg.Beth; Gammage,Tdulany Schatzberg,Beth; Garnmage,Trillany TOMORfl0W (JULY TOMORROW (JULY 22)

Maria, Maria. need you you to to sit sit with with Ryan Ryanfrom from9:30 9:30to to11:30 11:30a.m. a.m.tomorrow tomorrow morning. morning. II have a meeting II need meeting regarding regarding foreclosures foreclosures with with my my boss bossin in the morning at 10:00 a.m. am. They will be introducing the new data forms that we will have to use to track foreclosure cases. lam that we will have I am They will last, but I hope hope we are not sure how how long long it will will last, are through through by by 11:30. 11:30. know you youall allhave havean an afternoon afternoon docket, but but II really really need need you you to to sit sit with with Ryan Ryan while Section I hearings are going on in in the the II know morning. morning. If you youhave haveany anyquestions, questions,please If pleasefeel feelfree freetotocall call me. me. Thank you. Tracy.

11

13TH CIR 00433

Bridenback, Mike Bridenback, From: From: Sent: Sent: To: To: Cc: Cc: Subject: Subject:

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Bridenback, Mike Bridenback, Mike ..... Monday,June June 21, 21, 2010 2010 11:36PM Monday, :36 PM Pride, Lisa; Lisa; Snavely Snavely Carla Pride, Gary, Angela; Angela; Healy, Healy, Donna Gary, RE: 2nd 2nd Floor Training Room RE:

appreciate the the update. IIappreciate

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From: Pride, Lisa Lisa I ; Sent: Monday, Monday, June June 21, 2010 2010 1:30 1:30PM PM To: Snavely Snavely Carla; Carla; Bridenback, Bridenback, Mike Mike Cc: Gary, Gary, Angela; Healy, Healy, Donna Donna Subject: RE: RE: 2nd Floor Floor Training Room Room

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Good Afternoon, We are anticipating anticipating using using the theTraining Training or oroverflow overflow Jury Jury room room daily daily (Monday (Monday thru thru Friday) Friday) from from August August 1, 1, 2010 2010 thru thru August 8,2011. that has has been beenput putinin place place isis to to have have two two separate separatesales salesdaily, daily, the thefirst firstisisto tobegin begin at at10:00 10:00 August 8, 2011. The schedule that AM and the the second at AM and at 2:00 2:00 PM. PM. This This foreclosure sales sales schedule schedule is is to to accommodate accommodatethe themortgage mortgageforeclosure foreclosurebacklog backlog project and each sale is is estimated estimated to to last lastone oneto totwo twohours hoursdepending dependingon onthe thelength lengthofofthe thebidding biddingprocess. process. each sale Please let let me me know know if if you have any any questions questions or orconcerns, concerns, Thank you,

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From: From: Snavely, Snavely, Carla Carla Sent: Sent: Friday, June June 18, 18, 2010 20102:35 2:35PM PM To: To: Pride, Pride,Lisa Lisa Subject: Subject: FW: FW: 2nd Floor Floor Training Training Room Room 1

13TH CIR 00434

Please scan Thanks Please scan the the schedule scheduleand andsend senditittotome meand andMike. Mike. Thanks From: Bridenback, Mike r Bridenback, Mike Sent: Friday, 18, 2010 20102:14 PM Friday, June June 18, 2:14 PM To: Snavely, Snavely, Carla Carla Cc: Yanez, Yanez, Nancy Nancy Subject: 2nd Floor Floor Training Room Room You the jury jury assembly assembly room room as as aapart partof ofthe themortgage mortgage You may may schedule schedule the the foreclosure sales in this room next to the backlog project. Please send me me your anticipated sales sales schedule schedule whenever wheneveryou you get getaachance. chance.Unless Unlessyou you foreclosure backlog room will will not be available of other uses during during the the time timethe theproject projectisisininplace. place. notify notify me me otherwise, II am assuming the room other uses

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13TH CIR 00435

Bridenback, Mike From:: From Sent: To: Subject: SUbject:

Bridenback, Mike Bridenback. Mike Tuesday, October Tuesday, October 19, 19, 2010 2010 1:30 1:30 PM PM Kristine Slayden Kristine RE: Foreclosu Foreclosure RE: re Information Information

Kris, Kris,

How period of of time? time?We Weare aretracking trackingcancellation cancellationdaily dailyand andwe weare arenow now How often often do you want this info and for what period requiring attorney who who cancel cancel on on out out web-based web-basedcalendar calendartotoindicate indicateaareason. reason. requiring the attorney

* * * * * * * * * ** * * * * * * * * * ******************** ****************** ********************* HJd L. Court Administrator Administrator 800 E. E; Twiggs Street, Suite 5uite 604 604 Tampa, FL f l 33602 p; p: 813.272.5894 813272.5894 f: f: 813.301.3800 813.301.3800

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Kristine Slayden \< From: Kristine ' ~~~. . ; ;.ZZ!!_~ L_J1 October 19, 19, 2010 2010 1:23 1:23PM PM Sent: Tuesday, October Trial Court Chief Judges; Trial To: Trial Trial Court Court Administrators Administrators Cc: Lisa lisa Goodner; Laura Rush; Rush; P.J. PJ. Stockdale; Stockdale; Arlene Arlene Johnson Johnson Subject: Foreclosure Information Judges/Trial Court Administrators Asaafollow followup upto tothe the JAC JACconference conference call call yesterday, yesterday, we would Administrators — - As would like like to to request request Chief Judges/Trial the cancellations ca ncellations of of hearings hearingsor or suspension suspensionof of foreclosure foreclosurecases casesby bythe theplaintiff. plaintiff.You You any information you can provide on the can either send summary summaryinformation informationby by email, email, case case specific specific information information in in aa spreadsheet spreadsheetor oryou youcan canprovide provide either send comment section section of ofthe theexisting existing Foreclosure Foreclosu reCase Case Tracking Tracking application. Plea se note, note,in in order orderto to information in the comment application. Please determine the magnitude magnitudeof ofthe thecancellation, cance llation, we we need need to t oknow know total totalnumber numberof ofhearing hea ring scheduled. sc heduled .We Wewill will compile compile the the determine the me if ifyou data and attempt attemptto toquantify quantifyaastatewide statewideestimate estimateofofthe theimpact. impact.Please Pleasecontact contact me youhave haveany anyquestions. questions.Thank Thank you. Kris Kris Kris Slayden Slayden Kris Research and Data Data Courts Administrator Administrator Office Office of of the the State Courts Florida Florida Supreme Supreme Court Duval Street Street S. Duval 500 S. Ta llahassee, Florida Florida 32399 32399 Tallahassee, 850-922-5106 (wk) 850-922-5106 (wk) 850-556-2335 (cell) 850-556-2335 (cell) 850-414-1342 (fax) 850-414-1342 (fax)

1

13TH CIR 00436

Bridenback, Mike From: From: Sent: Sent: To: Subject: Attachments: Attachments :

Bridenback, Mike Mike Monday, November November 15, 15, 2010 20109:56 9:56AM AM Monday, Nauman, Chris; Melendi, Melendi, Rick; Rick; Snavely, Snavely, Carla Carla Nauman, Chris; FW: Letter to Chief Canady Chief Justice Canady Ltr to Chief Chief Justice Justice Canady.FINAL.pdf Ltr to Canady.FINAL.pdf

See reference reference in in letter letterregarding regardingHillsborough Hillsboroughcounty. county.

* * * * * * * * * * * * * * * * * * * * ** * * * * * * * * * * * * * * * * * * **************************************** ?1zJ4 t. Court Ad ministrator Administrator 800 E. Twiggs Street, Suite Suite 604 604 Twigqs Street, Tampa, FL FL 33602 33602 p: 813.272.5894 f: 813.301.3800 813.301.3800

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From: Lisa Goodner Sent: Monday, Monday, November 15, IU1u i i To: Trial Judges; Trial Trial Court Chief Judges; Trial Court Court Administrators Administrators Cc: OSCA-MANAGERS Subject: FW: Chief Justice Canady Canady FW: Letter to Chief FYI FYI. Lisa Usa

From From:: Larry Larry Schwa.izt()I Schwartztol ' Friday, November 17, 1010 1:0/ Sent: Friday,

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To: Craig Craig Waters Subject: Letter to Chief Chief Justice Justice Canady Canady Craig, Craig,

finds you well. As As II mentioned mentionedearlier earliertoday, today,the theACLU ACLUisisworking working with with aa coalition coalition of of organizations organizations I hope th is email finds hope this representing members members of of the the Florida news media to protest barriers to access to foreclosure foreclosure proceedings proceedingsaround aroundthe thestate state access to of Florida. The attached morning, and and we expect to attached letter letter will will be delivered by UPS to the Chief Chief Justice on Monday Monday morning, to issue issue aa of Florida. press release releasethat thatafternoon. afternoon.InInorder ordertotogive givethe theChief ChiefJustice Justiceadvance advancenotice, notice,we wewanted wanledto10send sendthis Ihistotoyou younow. now.If Ifyou you wouldn't mind forwarding forwarding this this to to the the Chief Chief Justice, II would greatly appreciate wouldn't mind appreciateit.it. Best, Best, Larry Staff Attorney Larry Schwartztol SchwartztollI Staff Racial Racial Justice Program Program The American America n Civil Civil Liberties Uberties Union Union 18th111 125 Broad Street, 10004 Street, 18 Floor II New York, NY 10CHJ4 2-5 19-7849 Phone: 21 212-519-7849

1

13TH CIR 00437

This e-mail e-mail message is intended only for the named This named recipient(s) recipient(s) above, above, and and may may contain contain information information that that isis confidential confidentialor orprivileged. privileged.IfIfyou youare arenot not the reply e-mail e-mail and and delete delete this this message message and and any any attachments attachments without withoutretaining retainingaacopy. copy. the intended recipient, please advise the sender immediately by reply

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2

13TH CIR 00438

Florida Florida Press Association 336 E. CoHege Avenue, Avenue, Suite 203 II ,FL 32301 Tallahassee, FL 32301 (850) 521-1199 Fax (850) 577-3629

Chief Justice Charles Charles T. T. Canady Canady Florida Supreme Court Court 500 South Duval Street Street Tallahassee, FL 32399-1925 12, 2010 20lO November 12, Chief Justice Canady, Dear Chief concern that that the the right right to to open openaccess accesstotojudicial judicial We write to express our concern Our proceedings is being unduly impeded in foreclosure proceedings around the state. Our organizations have have received received numerous numerous reports reports that thatextraordinary extraordinarybarriers barrierstotoaccess accessare are ofthe the general general public, publ ic,as as well well as as representatives representativesof ofthe thenews newsmedia, media, preventing members of Webelieve believe from observing foreclosure proceedings in judicial circuits around the state. We these barriers undercut undercut the the transparency transparency of ofthe the judicial judicialprocess; process;they theyalso alsoviolate violatethe the law. We Weurge urge strong presumption of of open access to judicial proceedings under Florida law, you to take action actiOJl to to secure secure the the public's public'sright righttotoobserve .observethe theworkings workingsofofthe thejudicial judicial system. system.

As you know, Florida law law recognizes recognizes aa strong strong presumption presmnptionininfavor favorof ofopen open access to judicial proceedings. We Wchave haveno noobjection, objection,of ofcourse, course, to toordinary ordinarysecurity security We are arc concerned, concerned, however, however,that thatthe the barriers barriersto to access acccsshere herego gofar far screening measures. We beyond such measures, leaving leaving members members of ofthe thepublic publicand and press presssubject subjecttotothe thediscretion discretion of individual foreclosure foreclosure judges judges to to admit admit or or exclude excludethem. them, of

The reports we have received received come come from from all all around around the thestate, state,and andalthough althoughthe the precise nature of of the barriers to access varies, varies. au troubling pattern emerges: foreclosure foreclosure divisions recently established by by the the judicial judicial circuits circuitshave havebeen beenoperating operatingunder underaa thM the presumption presumplion of of presumption of closure to members of the general public, rather than An illustrative, illustrative, but butnot not exhaustive, exhauslive,list listof ofencounters encounters openness mandated by Florida law. An fo llows: that have been reported to our our organizations organizations since since August August 2010 20 10follows: court observerininHillsborough HillsboroughCounty Countycalled calledthe thecourt courttotoask askabout aboutthe the rules rules • AA court observer governing attendance at foreclosure fo reclosure proceedings proceedings and and was wastold toldthat thatthe theproceedings proceedings open to to the the public, pUblic. were not open • AA pro defendantininDuval DuvalCounty Countywas wastold toldby byaamember memberof ofcourt courtsecurity securitythat that pro sesedefendant foreclosure proceedings proceedings because because only only attorneys attorneys were were she could not access foreclosure permitted, permitted. •

A court observer called the the Orange Orange County County courthouse courthouseto toask askabout aboutattending attcnding h ~l d foreclosure proceedings. She She was was informed informed that thatforeclosure foreclosure hearings hearingswere wereheld "in private chambers" chambers" and and therefore therefore not not open open to tothe thepublic. public.

13TH CIR 00439

•• InInCitrus CitrusCounty, County,ananindividual individualpreparing preparingtotomount mountaapro prose sedefense defensein in his his own own foreclosure foreclosure hearings in in advance advance of ofhis hisown ownso so foreclosure case attempted to attend foreclosure that case was He was was told toldthat that' that he he could know what to expect when his ca.se was heard. heard. He foreclosure chambers, and and that thathe he foreclosure hearings hearings are "private" and take place in judges' chambers, would not be permitted to observe them. •• Most Mostrecently, recently,a alegal legalaid aidattorney attorneyininJacksonville Jacksonvilleattended attendedaaforeclosure foreclosure proceeding accompanied by a reporter from Rolling Stone Magazine. Neither Neitherthe the Atone onepoint point attorney attorney nor nor the the reporter did anything disruptive to to the proceedings. proceedings. At the reporter left the proceedings in in order order to to interview interview aa pro pro se se litigant litigantwhose whosecase case had just been heard. Laterthat that day, day, the the judge judge sent sentan an email email to to the theattorney attorney heard. Later castigating her for He stated stated that, that, for bringing the reporter into the the proceedings. proceedings. He while "attorneys are are welcome welcome in in Chambers Chambers at at their theirleisure," leisure,"members membersofofthe the media are "permitted" entry only only upon upon "proper "properrequest requestto tothe thesecurity securityofficer." officer." "permitted" entry He further informed the attorney attorney that that she she "did "did not not have have authority authorityto totake takeanyone anyone back to chambers without without proper proper screening" screening" and and stated statedthat thather her"apparent "apparent authorization that the reporter could pursue pursue aa property property owner ownerimmediately immediatelyout outofof Chambers into the hallway for an an interview" interview" may may be be "sited "sited[sic] [sic]for forpossible possible contempt charges in the future." future." 1 In raising our concerns about about this this pattern pattern of ofexclusion, exclusion, we we rely relyon onthe theextensive extensive Systematically body of case law that has made Florida a model for open government. Systematically of the press and and public public from from judicial judicial foreclosure foreclosureproceedings proceedingsviolates violates excluding members of of open access to courts provided by Florida law, law. This ThisCourt Courthas has the robust guarantee of held that "both "both civil civil and and criminal criminal court courtproceedings proceedingsininFlorida Floridaare arepublic publicevents eventsand and ofaccess access to to court courtproceedings proceedingsand and adhere to the well established common common law law right right of records." Barron v. v. Fla. Fla. Freedom Newspapers, Newspapers, Inc., 531 So. 2d 113, 1l3, 116 116 (Fla. 1988); 1988); see also Fla. R. Jud, Jud. Admin. Admin. 2.420 2.420 (codifying (codifyingpublic publicright rightof ofaccess accesstotorecords recordsofofthe the judiciary). Barron articulated this right of of access in forceful terms, terms. ItItemphasized emphasizedthat that"a "a strong presumption of of openness openness exists exists for for all all court courtproceedings" proceedings"and andoutlined outlinedthe the exceptions to to this this broad broadrule: rule: . carefully circumscribed exceptions

[C]losure of court court proceedings proceedings or records records should should occur occur only only when when [C]losure of necessary (a) to comply necessary (a) comply with with established established public public policy policy set set forth forth ininthe the constitution, statutes, rules, or or case case law; law; (b) (b) to to protect protecttrade tradesecrets; secrets;(c) (c)toto protect protect aa compelling compelling governmental governmental interest interest [e.g., [e.g., national nationalsecurity; security; confidential informants]; (d) (d) to confidential informants]; to obtain obtain evidence evidence totoproperly properlydetermine determine legal legal issues issues in aa case; case; (e) (e) totoavoid avoidsubstantial substantial injury injury totoinnocent innocentthird third parties parties [e.g., [e.g., to to protect protect young young witnesses witnesses from from offensive offensive testimony; testimony; to to protect children in a divorce]; divorce]; or or (f) (f) to to avoid avoid substantial substantial injury injury to to aaparty party of matters matters protected protected by by aacommon commonlaw lawororprivacy privacyright rightnot not by disclosure disclosure of generally inherent inherent in specific type type of of civil civil proceeding proceeding sought sought to to be be generally in the specific closed. closed. I Sincethe theincident incidentininDuval DuvalCounty Countywas wasparticularly particularlyegregious, egregious,we wehave havealso alsoasked askedthat that 'Since Chief ChiefJudge Judge Moran Moran consider considerappropriate appropriateaction. action.

22 13TH CIR 00440

Id., at ld., Even in in these these exceptional exceptional circumstances, circumstances, "before "before entering entering aa closure closureorder, order,the the at 118. 118. Even trial court shall determine that no trial no reasonable reasonable alternative alternative isis available availableto toaccomplish accomplishthe the desired result, and, if desired if none exists, the the trial trial court court must must use use the the least leastrestrictive restrictiveclosure closure necessary to to accomplish accomplish its its purpose." purpose" [d. necessary Id. The protection of public access to judicial proceedings The proceedings serves serves fundamental fundamental "valueof ofopenness openness lies lies in inthe thefact factthat thatpeople peoplenot not constitutional values. values, In constitutional In particular, particular, the the "value actually attending trials can have confidence confidence that that standards standards of offairness fairness are arebeing being observed; the Sure sure knowledge that anyone is free free to attend gives assurance that established procedures are being followed and and that that deviations deviations will will become becomeknown." known." State, 924 924 So. Sarasota Herald-.Trthune Herald- Tribune v.v. State, So. 2d 2d 8, 8, 12 12 (Fla. (Fla. 2d DCA 2005) (quoting PressPressEnter, Co. v. Super. Ct., 508 (1984). Enter. Ct., 464 U.S. 501, 501,508 "A trial tri~ courtroom courtroom is is aa public public'place (1984)). "A place where people have aa general right right to to be be present, present, and and what what transpires transpiresin inthe thecourtroom courtroomisis Plaint7JB public property." Plaintiff B v. v. Francis, No. 5:08-cv-79, 5:08-ev-79, 2010 WL 503067, *2 *2 (N.D. (N.D. Fla. Feb. 5, 2010). 2010). Foreclosure Feb. Foreclosure proceedings proceedings are are currently currentlyaa matter matter of ofintense intensepublic publicinterest. interest. months, scrutinized scrutinized them them for for possible possibleprocedural procedural Indeed, the media has, in recent months, deficiencies, See, e.g., deficiencies. e. g., Gretchen Morgenson and Geraldine Fabrikant, Fabrikant, Florida's HighFlorida HighSpeedAnswer Speed AnswertotoaaForeclosure ForeclosureMess, Mess, N.Y. N.Y. TIMES, Sept. 14,2010; Sept, 14, 2010; Polyana da Costa, Before Foreclosing, Foreclosing, Judges Must Hear Out Homeowners, MIAMI DAILY Bus. REv., REv., Oct. Oct. 14, 2010. 14,2010. Florida's presumption presumption of ofopenness openness isis being being As the examples outlined above show, Florida's inverted in the context of foreclosure proceedings: courts across the state are effectively of proceedings: courts across the state are effectively imposing a presumption presumption of of closure, closure, which which may may be be overcome overcomeonly onlyby byspecial specialpermission permission ofaccess accessinin Ineffect, effect, only onlythose thosewho whoactively activelyassert asserttheir theirright rightof to observe proceedings. In of initial initial barriers, barriers, and and then then ultimately ultimatelyreceive receivepermission, permission,may mayexercise exercisetheir their the face of right to observe observe foreclosure foreclosure hearings. hearings. Florida law, law, there there are are few few justifications justificationsthat thatcan cancounterbalance counterbalancethe theright righttoto Under Florida access. Even Even when whenthose those exceptional exceptionalcircumstances circumstances exist, exist,the thecourt courtmust muststill stilldetermine determine that no more narrowly 531 So. 2d at 118; 118; see narrowly tailored tailored alternative alternative isisavailable. available. Barron, 531 also Globe Newspaper Newspaper Co. Co. v.v. Super. Super. Ct. Ct. for for the the County County of ofNorfolk, 457 457 U.S. 596 (1982) closing trials trials for for certain certain sex sex offenses offensesinvolving involvingminors minorswhere wherestate state (invalidating statute closing had a "compelling" "compelling" interest interest in in protecting protecting minors' minors' privacy privacybut butwhere wherethe thecourt court"offered "offeredno no Thereisisno no closure would effectively effectively further that interest). There empirical support" that closure closure of offoreclosure foreclosure courts courts occurs occursonly onlywhen whensuch suchrigorous rigorousanalysis analysishas has indication that closure taken place. Indeed, betrue: true:bybychoosing choosingtotoconduct conductforeclosure foreclosure Indeed,the theopposite oppositeappears appearstotobe "private" conference conferencerooms roomsor orjudicial judicialchambers chambersand andtreat treatthose thoseasasclosed closed hearings in "private" the burden burden shifts shifts to to members membersof ofthe thepress pressor orpublic publictotoconvince convincethe thecourt courttoto proceedings, the allow access. access.

We recognize recognize that that the the heavy heavy volume volume of offoreclosure foreclosurecases caseshas hasled ledtotodifficulties difficulties finding judges and courtrooms to hear the cases. As Asaaresult, result,some somecases casesare arebeing beingheld held in chambers for lack of of an available traditional courtroom. Nevertheless, Nevertheless,the theproceedings proceedings must must be be open, open, even even ififthey they are are held heldtemporarily temporarilyininaasmaller smallerand andless lessformal formalphysical physical

3

13TH CIR 00441

setting than usual. Whilewe we understand understand the thenecessity necessity for for ordinary ordinaryand anduniform unifonnsecurity security usual, While screening procedures, the unavailability unavailability of ofaa traditional traditional courtroom courtroomcannot cannotjustify justifyaa afthe established under under Florida Floridalaw lawand and the theU.S. U.S.Constitution. Constitution. deprivation of the rights established This Court has noted that the press plays an indispensable role in maintaining maintaining "the ''the system's credibility credibility in in aa free free society." society." Barron, 531 judicial system's 531 So. So, 2d 2d at at 116. 116. That credibility cannot be be maintained maintained when when members membersof ofthe thepublic publicand andmedia mediaare aredependent dependent on the indulgence of of the the presiding presiding judge judge to to allow allowthem themto toobserve observeimportant importantjudicial judicial proceedings.

It is our sincere hope hope that that we, we, and and other other representatives representativesof ofthe media,will willbe beable able the media, of access to foreclosure proceedings. We Wedo do to avoid instituting litigation over the issue of however, because because Florida FloridaRule Ruleof ofAppellate AppellateProcedure Procedure face certain time constraints, however, 9.1 OO( d) provides for expedited expedited review review of oforders orders excluding excludingthe thepublic publicand andmedia mediafrom from 9,100(d) and itit requires requires such such petitions petitions to to be be filed filed within within 30 30 days days of ofan an judicial proceedings, and exclusion order. 22 Accordingly, we respectfully respectfully urge urge you you to to take take corrective correctiveaction actiontotoensure ensurecitizen citiz'en and press access as guaranteed guaranteed by by Florida's Florida'sright-of-access right-of-accessjurisprudence. jurisprudence.InInparticular, particular, we ask that you promulgate promulgate an an Administrative Administrative Order Orderor ortake takeother otherexpeditious expeditiousand and appropriate action to ensure that that both both the the public public and and media mediamay mayobserve observeproceedings proceedings to ordinary ordinary security securitymeasures measures consistent with Florida Florida law law and and subject subject only only to We thank you for your your attention attention to to this this important importantmatter. matter.

Z

eICse1 e Florida Press Association

t 09-k bW ~D~ Talbot D'Alemberte, Bar Bar No. 0017529 0017529 The Florida Press Association Association

Larry Schwartztol, Staff Staff Attorney Attorney The American Civil Liberties Liberties Union Union

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Randall Randall Marshall, Marshall,I!egDirector LegiDireetor The American Civil Liberties Liberties Union Union of ofFlorida Florida

th 261h, County occurred occurred on on October October 26 . Accordingly, Accordingly, the the last last day day to to incident in Duval County th file a petition petition for far review reviewpursuant pursuanttotoRule Rule9.100(d) 9.1 OO(d)isisNovember November 29 • 291h

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13TH CIR 00442

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ParkerRhea, Rhea,Director Director&& General GeneralCounsel Counsel J1'esesParker The First Amendment Foundation

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C. CEO C. Patrick Patrick Rerts, resident &&CEO Florida Association Association of ofBroadcasters Broadcasters

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ii Thelen, Executive Director Gil Director The Florida Society Society of ofNewspaper Newspaper Editors Editors

J es Denton, Editor The Florida Times-Union

5

13TH CIR 00443

Bridenback, Mike Mike From: Sent: To: Subject: Attachments:

Melendi, Rick Wednesday, 14 AM Wednesday, November 10, 2010 11: 11:14AM Bridenback, Mike FW: Foreclosure Foreclosure and andEconomic EconomicRecovery RecoveryReport Report—- 201 2010/10 0/10 13_29Hilisborough_FERCTS.xlsm 1 3_29Hillsborough_FERCTS.xlsm

is our our monthly monthlyreport reportfor forthe theForeclosure Foreclosureand andEconomic EconomicRecovery RecoveryTracking Tracking Spreadsheet, Spreadsheet, please please submit this this Attached is report toOSCA. OSCA. report to Thank you. From: Flores,Roberto Wednesday, November 10, 2010 11:02 Sent: Wednesday, 11:02 AM AM To: Melendi, Melendi, Rick Rick Foreclosure and and Economic Economic Recovery Recovery Report Report -- 2010/10 Subject: Foreclosure Disposed total total 5612 Disposed 5612 of of 33645 33645

Disposed 10,2010 Disposed on on October October and and through through November 10, 2010 -1363 - 1363 Disposed 696 Disposed on July July -- 696 Disposed Disposed on on August August -1837 - 1837 Disposed on September -- 1710 Disposed 1710

Disposed Disposed on on 2006 2006 -- 11 Active -102 Active - 102 Inactivity - Attorney inactivity -- 11 Attorney inactivity Insufficient pleading pleading or Documentation - 240 240 Mediation/Settlement negotiations - 43 43 Mediation/Settlement negotiations Stayed Stayed Bankruptcy -- 88 Inactivity -- other other -27638 -27638 Blank — -1i 229 Dismissed out of of 5612 5612 Disposed. Disposed.

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13TH CIR 00444

Roberto Flores Roberto Desktop SupportTech Des ktop SupportT ech Court Technology Court Technology Office :(81 3)272-6095 Office :(8 13)272-6095 Work: (813)785-4315 Work: Fax: (813)301-1935 Fax: (813)301-1935 Cell: Cell : (813)465-8203 (813)465-8203 floresrofljud1 3 org [email protected]

CERTIFIED CERTIFIED

Administrative Office Administrative Omce of the Courts Courts The 13th Judicial Judicial Circuit Circuit 800 TMggs St. 800 TlMggs St . TampaFL FL 33602 33602 Tampa I

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13TH CIR 00445

Bridenback, Mike Mike From: Sent: To: Subject:

Bridenback, Mike 3:40 PM PM Wednesday, November November 17, 17, 2010 20103:40 Menendez, Manuel NY Times Article

This was the article article that that followed followedthe thevisit visitby byMr. Mr. Martin. Martin. It does not not focus focus on on Tampa. Tampa. The article that focused on us us focused on was from Blumberg News. II did did not not have have any any contact contact with with that reporter and there was no complaint complaint from him him as as to access. Flawed Foreclosure DocumentsThwart Thwart Home Home Sales Sales Foreclosure Documents By ANDREW MARTIN MARTIN and and DAVID DAVID STREITFELD STREITFELD 8y ANDREW

OCALA, steal here here in in central centralFlorida Florida OCALA,Fla. Fla.- - Amanda Ducksworth was was supposed to move in to her new home this week, week, a three-bedroom three-bedroom steal with a horse farm across the the road. road. Instead, Instead,she sheisiscamped campedout outwith withher her7-year-old 7-year-oldson sonatather herboss's boss'shouse. house. Like country, Ms. Ms. Ducksworth Ducksworth was was about about to to complete completethe thepurchase purchaseofofaaforeclosed foreclosedhouse housewhen whenititsuddenly suddenlywent went Like many many buyers buyers across the country, off the mortgage holding holding company company that thatbuys buys loans loans from commercial lenders, lenders, is is pulling pulling back back sales sales of of the market. Fannie Mae, the giant mortgage homes that that might might have have been been foreclosed foreclosed in in bad bad faith. faith. thinking II would would have have aa house," house," said said Ms. Ms. Ducksworth, Ducksworth, aa 28-year-old 28-year-oldcatering cateringassistant. assistant."Now "NowI'm I'msharing sharinga aroom room "I gave gave up up my rental thinking with my son. What the the hell hell is is up with with that?" that?" thanaadecade, decade, real realestate estateisisill-prepared ill-preparedtotosuffer sufferanother anotherblow. blow.But Butasasaa With home sales this past past summer summerat atthe thelowest lowestlevel level in in more more than scandal unfolds over mortgage lenders' lenders' shoddy shoddy preparation preparationof offoreclosure foreclosure documents, documents,the thefallout falloutisisbeginning beginningtotohammer hammerthe thehousing housing market, especially in states like Florida where distressed distressed properties propertiesare areabundant. abundant. "This crisis that's already already bad bad and andkind kindof ofcements cementsititinto intoplace," place," said said Joshua JoshuaShapiro, Shapiro,chief chiefUnited UnitedStates Stateseconomist economistfor for crisis takes takes a situation situation that's MFR Inc., an economic consulting conSUlting firm. Three major mortgage lenders lenders -- Bank BankofofAmerica, America,GMAC GMAC Mortgage and JPMorgan JPMorgan Chase Chase - have havesaid saidthey theyare aresuspending suspendingforeclosures foreclosures in the 23 states states where where they theyfirst firstneed needaajudge's approval.They Theyare arealso alsowaving wavingoff offFannie FannieMae Mae from from selling sellingany any of ofthe the foreclosed foreclosed homes homes judge's approval. Fannie. whose loans they sold to Fannie. that employees employees signed signed documents documents without withoutdetermining determiningthe the The companies say they are reviewing reviewing their their operations after disclosures that accuracy of the material, material, as as isis required requiredby bylaw. law. Those reviews of thousands thousands of of foreclosures and and pending pending home homesales, sales, analysts analysts estimate, estimate,though thoughthe the reviews are are throwing throwing into limbo hundreds of lenders and and Fannie Fannie Mae Mae have have been been mostly mostly silent silent about about precise precise numbers numbersand andother otherspecifics. specifics. 1

13TH CIR 00446

More broadly, the revelations about the the sloppy sloppy paperwork paperwork are are emboldening emboldeninghomeowners homeownersand andlaw lawenforcement enforcementofficials officialsin inmany manystates states to question whether lenders lenders rightfully rightfully hold the notes underlying foreclosed foreclosed properties - further furtherchilling chillingthe thehousing housingmarket. market. Distressed properties, properties,many manyof ofwhich which are arein inforeclosure, foreclosure,make makeup upabout aboutaathird thirdofofall allhome hornesales. sales."Foreclosures "Foreclosuresare aregoing goingtotoslow slowtotoa a trade magazine magazineInside InsideMortgage MortgageFinance. Finance. crawl," said Guy D. D. Cecala, Cecala, publisher publisher of the trade need court court approval, approval, Florida Florida has hasby by far far the the most most trouble trouble--about about a half-million cases clogitsitscourts courts Of the 23 states where foreclosures need a half-million cases clog andthe themoratoriums moratoriumsare arehaving havinga anoticeable noticeableeffect. effect. - and

Because most lenders sold their their mortgages to Fannie Fannie Mae, Mae, itit is largely that company that that has has been been sending sendinge-mails e-mailsto toreal realestate estateagents agents Because about putting putting off off deals and and removing removing houses from the the market. market. In Inmost mostcases, cases,the theagents agentsare arebeing beingtold toldthe thefreeze freezewill willlast last 30 to 90 days, but agents agents say say there thereisis no noway way to to know know for for sure. sure. real estate estate agency agency that thatsold sold Ms. Ms. Ducksworth Ducksworth her her home, horne, Marc Marc Joseph JosephRealty, Realty, based basedin inFort Fort A snapshot snapshot of the problems can be seen at the real Myers. The agency had 35 deals that that were were supposed supposed to to close close this month. month. As As of Thursday, Fannie had had postponed postponedii11ofofthem. them.Another Anotherhandful handfulofof that did did not not have have offers offers or or were being prepared prepared for for market markethad hadalso alsobeen beenwithdrawn. withdrawn. homes that "If this half my inventory, inventory, that's that'saascary scarything," thing,"said saidBill BillMitchell, Mitchell,the theagency's agency'sclosing closingcoordinator. coordinator. this wipes out half As another message message from from Fannie Fannie came carne through throughabout aboutwithdrawing withdrawingaahouse. house.ItIthad hadthe thesubject subjectline, line, As he he spoke, spoke, his his computer computer pinged and another

"Unable to Market Market Notice." Notice." Another client client of of the the agency, agency, Richard Richard Clark, Clark, is caught in the the foreclosure foreclosure vise vise on on both both ends. ends. her banking banking job job and andthey theyeventually eventuallyseparated; separated;a a rough years: years: his his wife wife lost her A delivery delivery truck truck driver, Mr. Clark has gone through several rough vending business did not not succeed; succeed; he fell behind on his home horne payments; payments; and and CitiMortgage CitiMortgage rebuffed his efforts efforts to to restructure restructurethe the mortgage. With the the prospect prospectof ofbeing beingtossed tossedout outofofhis hishouse houseinina aforeclosure foreclosureofofhis hisown, own,Mr. Mr.Clark, Clark, 62, cobbled together $58,000 - most mostof of it andsuccessfully successfullybid bidon onaahouse houseininNorth NorthFort FortMyers Myersthat thatwas wasininforeclosure. foreclosure.His Hisoffer offeron onthe thehouse, house,with withthree three parents -- and from his parents bedrooms and and two two baths, baths,aaJacuzzi Jacuzzitub tubininthe themaster masterbedroom bedroomand anda Key a Keylime limetree treeininthe thebackyard, backyard,was wasfinally finallyapproved approved Oct. 1. bedrooms ononOct. "It's been a rocky two years," Mr. Clark, pony tail,wire-rim wire-rimglasses glassesand andaagold goldhoop hoopearring, earring,said saidwhile whiletouring touring Clark, aa stocky stocky man man with aa short ponytail, the rambling rambling one-story one-story home. horne. "It's "It's aa dream dreamhouse housefor forme." me."

At least, it was. On Tuesday, Fannie suspended suspended the the deal. deal. Mr. Mr. Clark Clarksaid saidhe he did didnot notknow knowwhat whattotodo. do."I'm "I'mkind kindofofhoping hopingI Ihave haveaaplace placetoto live," he said. "Now, who knows?" It is possible the foreclosure on his current house in in nearby nearby Cape Cape Coral Coral - he hehas hasaacourt courthearing hearingononDec. Dec.77- -will willalso alsobecome becomecaught caught current house upup

in the current currentproblems, problems,but butMr. Mr.Clark Clarksaid saidhe hewas wasnot notpleased pleasedby bythe theprospect prospectofofstaying stayingthere thereany anylonger. longer. justget geton onwith withit,it,get geton onwith withmy mylife," life,"he hesaid. said. ''I'd rather just "I'd rather 2

13TH CIR 00447

In the states far from Florida Florida where foreclosures are are an an equally equally large large problem but but there thereisis no nojudicial judicial review review -- Nevada, Nevada,Arizona Arizonaand and

California -- there California therewere wereearly earlysigns signsthis thisweek weekthat thatthe thedocument documentcrisis crisiswas wasspreading. spreading.The Theonly onlytime timeaaforeclosure foreclosureininthose thosestates statesenters entersa a the borrower borrowersues suesthe thelender, lender,something somethingfew fewofofthose thoseinindefault defaulthave havethe themoney moneyororthe thewill willtotodo. do. courtroom is when the on Wednesday, Wednesday, Gary Gary Kent, Kent, aa foreclosure foreclosure specialist specialist in in San San Diego Diego who who has has 80 listings, In a telephone interview interview on listings, said he he had not heard heard from Fannie or any lender lender about aboutwithdrawing withdrawingaaproperty. property.All Allhis hisdeals dealswere wereon ontrack, track,Mr. Mr.Kent Kentsaid. said.

few hours hours later, Mr. Kent said he had had received received an an e-mail e-mail about aboutremoving removingaahome homethat thatwas wasunder undercontract. contract. But aa few was from from his his title title insurer, who said that that Pittsburgh-based The message was Pittsburgh-basedPNC PNC Bank Bank was imposing a 30-day 30-day moratorium moratoriumon onall allforeclosure foreclosure (PNC declined to to comment to a reporter.) sales. (PNC reporter.) Mr. Kent's confidence was shaken. "My buyer's upset, my andI'm I'maalittle littlenervous," nervous,"he hesaid. said. Mr. my agent's agent's upset upset and factors are likely to to delay many more foreclosed houses from reaching reaching the the market marketand andfinding findingnew newowners. owners. Several factors and Connecticut, Connecticut, are aredemanding demandingaasuspension suspensionofofforeclosures foreclosures Law officials in several states, including Texas, Maryland and Law enforcement enforcement officials

until lenders can can prove they are are using legal legal methods. unclear how how many manylenders lenderswill willgo go along. along. It is unclear that sets sets up up aa potential potentialshowdown showdownininTexas, Texas,one onemajor majorlender, lender,CitiMortgage, CitiMortgage,isisarguing arguingthat thatit itisisbeing beingconsidered consideredguilty guiltyuntil until In a move that state attorney attorneygeneral. general. proven innocent innocent by by the state

"We have have no reason to believe our employees are not not following following our process, and and therefore thereforehave haveno noreason reasontotostop stopforeclosures," foreclosures,"a aCiti Citi "We spokesman said. Another factor is the reaction of of the title insurers, insurers,who who defend defend homeowners homeownersin indisputes disputesover overaahome's home'sownership. ownership.Lenders Lendersrequire requiretitle title

insurance insurance before before approving approvingaamortgage. mortgage. The crisis took many title insurers insurers by thechief chiefexecutive executive of of the the industry's industry'strade tradegroup, group,the theAmerican American by surprise, surprise, said said Kurt Kurt Pfotenhauer, Pfotenhauer,the Land Title Association. Association. theirforeclosures. foreclosures.Every Everytitle title insurers are are discussing discussing is is obtaining obtainingwarranties warrantiesfrom fromlenders lendersagainst againsterrors errorsinintheir One possibility the title insurers Mr. Pfotenhauer pfotenhauer said, said, "understands "understandsthere thereisisaabrand brandnew newrisk riskthat thathas hastotobe beevaluated. evaluated.It's It'snot notatatall allclear clearthat thatcourts courtsacross acrossthe the insurer, Mr.

country are are going going to be reversing reversing their theirearlier earlierdecisions decisionson onforeclosures. foreclosures.But Butwe wedon't don'tknow." know." In the the meantime, meantime,buyers buyerslike likeMs. Ms. Ducksworth Ducksworthhere hereininOcala Ocalaare areatataaloss lossfor foranswers. answers. "She's in a mess, actually," said Jim Jim Haston, Haston,Ms. Ms. Ducksworth's Ducksworth'sagent. agent. "I really don't know what to tell tell her," her," he he said. said. what to Andrew from Florida from Cal[ornia. Andrew Martin Martin reported reportedfrom Florida and and David David Streitfeld Streitfeldfrom California. 3

13TH CIR 00448

****************************************

HLd L. e4a H~L.~ Court Administrator

800 E. Twiggs Twiggs Street, Suite Suite 604 604 Tampa, FL FL 33602 p: 813.272.5894 f: 3.301.3800 f . :3.301.,800

1_ b

www.f1jud13.org www.fliud13.org

4

13TH CIR 00449

Bridenback, Mike From:: From Sent: To:

Subject: Attachments:

Bridenback, Mike Mike Monday, August 30, 2010 Monday, 20109:16 9:16AM AM Melendi, Rick FW: July July2010 status report FW: 201 0 status report Status Report 0.pdf Status Report as asof of July31, July 31,201 2010.pdf

Based on on this this chart, chart, we are not where Based where we we need needto tobe. be.Let's let'sdiscuss. discuss.

* * * * * * * * * * * *** * * * * * * * * * * * * * * * * * * * * * * * * * * **************************************** HJ4d L. Court Administrator Administrator Tw;ggs Street, Street, Suite 604 800 E. E. Twiggs Thmpa, FL Tampa, Fl 33602 p: 813.272.5894 p: f,f: 813.301.3800

J.. -

www.fliud13.org

Kristine Slayden From: Kristine

Sent: Monday, Monday, August 3O2010 9:09 AM To: Bridenback, Bridenback, Mike Mike Subject: FW: FW: July July 2010 2010 status status report report Mike Would you you take take aa quick quick look lookat at this this table table and see if sense Mike -- Would if it makes se nse to to you? you? What WhatI Iwill will say say in in the the transmittal transmittalemail email is: Attached each circuit is isdoing 62% Attached is is the the first first monthly monthly "progress " progressreport" report"that thatshows showshow how each circuit doingininreaching reachingtheir their 62%goal goatfor for reducing backlog in foreclosure cases. At At the theend endofofthe theinitiative initiativeininJune June2011, 2011,all allcircuits circuitsshould shouldhave have100% 100%in in the the "Percent includes any activity inin " Percent of of Target Target Reduced" Reduced" column. column. Please Pleasenote notethat thatthis thisfirst fjrstmonth monthreport report includes any activitybybythe thetrial trialcourts courts preparation for initiative, initiative, i.e. i.e. cleaning cleaning up up data, data, disposing disposing outstanding outstandingcases, cases,etc. etc. preparation for The statewide statewide progress progressof of27.5% 27.5% for for the the first first month month may may seem seemhigh, high,but butthis thisisis due dueto t otwo twofactors. factors.The Thefirst firstfactor, factor, mentioned above, counts in the "Number of Backlog Foreclosure Cases Reduced to Date" column any cases that mentioned above, counts in the " Number of Backlog Foreclosure Cases Date" co lumn any that were were closed out as part part of of the the clean clean up/preparation up/preparationininthe themonths monthsleading leadingup upto tothe thebeginning beginningof ofthe theinitiative initiative start startdata dataof of July 1, 2010. 2010. In few months of of FYFY2009-10, July 1, In addition, addition, foreclosure foreclosu recases casescame cameininlower lowerthan thanexpected expectedininthe thelast last few months 2009-10,which which means that that the theactual actualbacklog backlog accumulated accumulated for forthat thatyear yearwas waslower lowerthan thanthe theoriginal originalestimated estimatedamount. amount. Please call me if you have any questions. questions. Thanks. jf you Thanks. Kris Kris

Kris Slayden Kris Slayden Research and and Data Data Office of the State State Courts Courts Administrator Administrator Florida Supreme Supreme Court Court 500 500 S. S. Duval Street Street Tallahassee, Florida 32399 32399 Tallahassee, Florida 850-922-5106 (wk) 850-922-5106 (wk) 850-556-2335 850-556-2335 (cell) (ce ll) 850-414-1342 850-414-1342(fax) (fax)

13TH CIR 00450

From: Arlene Johnson From: Sent: Monday, Sent: Monday, August 30, 2010 2010 8:43 8:43AM AM To: Kristine Krlstlne Slayden Slayden To: Subject: July July 2010 2010 status status report Subject:

Arlene Johnson OSCA, Research and Data Data Telephone 850.922.5103 Facsimile 850.414.1342

2

13TH CIR 00451

Foreclosure and Economic Recovery 62 TargetBacklog Backlog Reduction Reduction 62 Percent Percent Estimated Target of Real Property/Mortgage Property/Mortgage Foreclosure Foreclosure Cases Cases as of ofJuly July31, 31, 2010 2010 Status Report Report as

Target I

Circuiti Backlog Cases 1 Circuit

Number of of Number Backlog Cases Reduced Percent of To Target Reduced To Date

11

8,035

1,791 1,791

22.3%

2

2,719

919

33.8%

3 4

822

181

22.1%

13,344

3,493

26.2%

5 2 6

12,357

4,985

40.3%

24,424

8,005

32.8%

7

13,383

3,270

24.4%

8

1,597

688

43.1%

9

31,372

11,956

38.1%

8,047

2,484

30.9%

54,532

11,365

20.8%

12

15,845

4,172

26.3%

13 14

23,672

5,533

23.4%

2,873

726

25.3%

15

39,309

10,442

26.6%

16

1,656

423

25.5%

17

35,659

9,324

26.1%

18

19,252

3,549

18.4% 18.4%

19 19

1,492 10,552 10,552

11.6% 11.6%

20

12,844 25,423

41.5%

Total Total

347,1651 347,165

95,351 95,351

27.5% 27.5%

10 11

F

1

Note: Totals Totalsmay maynot notbe beexact exactdue duetotorounding. rounding. I Target Backlog Backlog Cases Cases represent represent 62 62 percent percentof ofthe thetotal totalbacklog backlogfor forreal real property/mortgage property/mortgage foreclosure foreclosure cases casescalculated calculatedduring duringSession Session2010. 20 I O. 2

2 The The Sixth Sixth Judicial JUdicial Circuit Circuitdoes does not notinclude includedata datafor forPasco PascoCounty Countyfor for January 2010 20 I 0 through through July July 2010. 20 I O. The Thecounty countyisiscurrently currentlyupgrading upgradingtheir their Januaiy case maintenance maintenance system system and and anticipate anticipatecompletion completionprior priortotothe thenext next case monthly monthly Status Status Report. Report.

Prepared Preparedby byOSCA, OS CA.Research Researchand andData Data R*Projects\Foreclosure July31, 31,2010 20 I 0 R:\ProjectsIForeclosureand andEconomic EconomicRecovery\Statistics RecoverylStatisticstotoCircuits\Backlog CircuitslBacklogTracking\Status Tracking\StatusReport ReportasasofofJuly

13TH CIR 00452

Melendi, Rick From: Sent: To: Subject: Subiect:

Melendi, Rick Thursday, November November 04, 04, 2010 201010:56 10:56AM AM Bridenback, Mike Mike 13th Circuit's Clarification Request re: re: ACLU ACLU Public Request Circuits Clarification Public Record Record Request

Mike, is aa draft draft of of our our clarification clarification questions questionsfor forrecords recordsby bythe theACLU. ACLU. Please Please review review same sameand andlet letme meknow knowififyou you Attached is have any additional clarifying clarifying questions, revisions or Chris has h'as reviewed reviewed the thedraft draftand andbelieves believesititcovers covers questions, revisions or deletions. Chris everything we discussed. discussed.

Laura, 13th th circuit would would request As aa follow follow up up to to our our meeting As meeting of of yesterday yesterdayregarding regardingthe theACLU ACLU Public Records Request, the the 13 circuit clarification of the the following: following:

1.

Clarification the ACLU ACLU request present(October (October19, 19,2010) 2010) Clarification as as to to whether whether the request for all all records records from from January 1, 2009 to present includes, all all foreclosure foreclosure records unrelated tothe thecircuit's circuit'sResidential ResidentialMortgage MortgageForeclosure ForeclosureProject? Project? includes, unrelated to

2.

Clarification ofparagraph paragraph 22 of ofthe the request, as to what is Clarification of is meant meant in in regard regard to to all all records records relating relating to torules, rules, procedures and and practices practices established establishedto tomanage, manage,adjudicate adjudicateorordispose disposeofofforeclosures foreclosurescases? cases?More More specifically, procedures specifically, believesrelate relateto to rules, rules, procedures procedures and practices the ACLU ACLU believes practices established establishedtoto provide us examples of records the manage, adjudicate or or dispose dispose of of foreclosures foreclosures cases? cases? Further, Further, clarify clarify whether whether the therecords recordsrequested requestedinclude includeallall and practices practices established established to to manage, manage,adjudicate adjudicateor ordispose disposeof offoreclosures foreclosures records relating relating to rules, rules, procedures and cases from from January 2009 to present present(October (October 19, 19, 2010), 2010), or or all all records post establishment establishmentof ofthe circuit's January 1, 1,2009 the circuit's Residential Project? Residential Mortgage Foreclosure Project?

3.

Clarification the definition definition of ofthe termclerk? clerk? Clarificationof ofparagraph paragraph 33ofthe of the request, request, as to the the term

4.

Clarification citing an example, example, as as to to rules rulesrelating relatingtotothe thegoverning governingofofpublic public Clarification of of paragraph paragraph S, 5, as to all records, citing access to civil civil proceedings including, public proceedings in in foreclosures foreclosurescases? cases?Also, Also,specifically, specifically, proceedings including, public access access to proceedings cia rification as the request requestincludes includesall all records recordsfrom from January January 1, 1, 2009 2009 to to present present(October (October19, 19,2010) 2010) clarification as to to whether the regarding public public access, public access establishmentof ofthe thecircuit's circuit'sResidential ResidentialMortgage MortgageForeclosure Foreclosure access, or public access post the establishment Project?

1

13TH CIR 00453

Melendi, Rick From: Sent: To: Cc: Subject:

Snavely, [[email protected]]) Snavely, Carla ([email protected] PM Monday, Monday, July 12, 2010 3:45 PM Melendi, Melendi, Rick; Rick; Bridenback, Mike Pride, Healy, Donna Pride, Lisa; Gary, Angela; Healy, Foreclosures

Can we get get our teams together together so so they they can meet each each other other and and talk a little little about about how how everyone everyone envisions envisionsthis this thinkit itwould wouldbebegood goodfor foreveryone. everyone. project? II think

eathz S. &uta s. Smwe4 SIUlUdv Chief Deputy of Court Operations Court Clerk of the Circuit Court (813) 276-8100 Ext. 6100 6100

1

13TH CIR 00454

Melendi, Rick Melendi, From: From: Sent: Sent: To: To:

cc: Cc: Subject: Subiect:

Bridenback, Mike Bridenback, Monday, PM Monday, July July 12, 12, 20103:48 2010 3:48 PM Snavely Snavely Carla; Melendi, Rick Pride, Pride, Lisa; Lisa; Gary, Angela; Healy, Donna; Donna; Wells, Wells, Tracy RE: Foreclosures Foreclosures RE:

will have have Tracy Tracy arrange, arrange, I will

* * * * * * * * * * * * * * * ** * * * * * * * * * * * IC * * * * * * * * * * * **************************************** HzcAcLL court Administrator Court Administrator 800 E, E. Twiggs Twiggs Street, Street, Suite Sufte 604 800 Tampa, FL FL 33602 p: 813.272.5894 p: 813.301.3800 f:f: 813,301.3800 bridenmkthfljud13.org [email protected] www.fljudi3.org www.fhud13.org

From: Snavely, Carla Imailtp:[email protected] [mailto:Snavely@hilisclerk,coml Monday, July July 12, 2010 Sent: Monday, 2010 3:45 3:45PM PM

To: Melendi, Melendi, Rick; Rick; Bridenback, Brldenback, Mike Mike

Cc: Pride, Lisa; Lisa; Gary, Gary, Angela; Angela; Healy, Healy, Donna Donna Subject: Foreclosures

Can we get together so little about about how how everyone everyone envisions envisionsthis this get our teams together so they they can can meet each each other other and and talk a little project? thinkititwould wouldbebegood goodfor foreveryone. everyone, project? II think

eaz S. Saae4e eadas.s~ Chief Deputy of Court Operations Operations Clerk of the Circuit Court Court (813) 276-8100 Ext. 6100

1

13TH CIR 00455

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13TH CIR 00456

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13TH CIR 00457

Valdes,Ryan Valdes, Ryan From: Sent: To: Subject:

Wells, Tracy Wells, Thursday, July July 29, 29, 2010 201011:26 11 :26AM AM Valdes,Ryan RE: RE: PHONE NUMBER NUMBER TO SCHEDULE SCHEDULE FORECLOSURE FORECLOSUREMEDIATIONS MEDIATIONS

You are You are welcome.

T T.

From: Valdes,Ryan Valdes, Ryan

Sent: Thursday, July July 29, 29,2010 10:18AM AM 2010 10:18 To: Wells, Wells, Tracy Tracy Subject: RE: RE: PHONE PHONE NUMBER NUMBER TO SCHEDULE SCHEDULE FORECLOSURE FORECLOSURE MEDIATIONS MEDIATIONS Thank you very much much Tracy. Tracy. Ryan. Ryan

From: Wells, Wells, Tracy

Sent: Thursday, July July 29, 29, 2010 201010:07 10:07AM AM To: Sequeira, Sequeira,Maria; Maria; Valdes,Ryan Valdes,Ryan Subject: PHONE NUMBER NUMBER TO SCHEDULE SCHEDULE FORECLOSURE FORECLOSURE MEDIATIONS MEDIATIONS

For For your your information, to refer refer plaintiffs/defendants, plaintiffs/defendants, ifif they want to schedule schedule aa mediation mediationfor for The number The number to foreclosure is (813) 221-7777. That is is the number numberfor for the theFlorida Florida Bar. Bar. foreclosure is Thank you. Tracy.

11

13TH CIR 00458

Schatzberg,Beth Schatzberg, Beth From: Sent: To: Subject:

Schatzberg ,Beth Schatzberg,Beth Tuesday, Tuesday, September September 14, 2010 3:07 PM 'Gary, Angela Angela' RE: RE: Question

9th th THANKYOU!!! YOUIH amendedsummary summaryjudgment judgmenthas has been been signed & it'll have anew THANK AnAn amended & it'll anew sale sale date dateofofDec. Dec. 9 -- FYI. FYI.

From: Gary, Angela Angela [mailto:GARY©hillsclerk.com [mailto:[email protected]) Sent: Tuesday, September September14, 14,2010 20103:02 3:02PM PM To: Schatzberg,Beth Schatzberg,Beth Subject: RE: RE: Question Yes, the sale is Yes, the is cancelled cancelled for for Friday Friday

From: Schatzberg,Beth [mailto:[email protected] Schatzberg,Beth [mailto:schatzbmfljud13.orQ1 Sent: Tuesday, September September 14, 14, 2010 20102:58 2:58PM PM To: Gary, Angela Angela Subject: RE: RE: Question Did your your receive aaNOC 10-CA-6782 set set for sale on 9/17? NOC for case U # 10-CA-6782 9/177 Did

From: Gary, Angela Angela [mailto:GARY©hillsclerk.com [mailto:[email protected]]] September14, 14,2010 201011:53 11:53AM AM Sent: Tuesday, September To: Schatzberg,Beth Schatzberg, Beth Subject: RE: RE: Question They should fax in in the Notice to 813-272-5508. 813-272-5508. They Notice of Cancellation form to Thank you you ~;JllfNI;;l [ li?ge/i L

ytlly

Angela L L Gary Manager Circuit Civil DIvision Division 800 E Twiggs St Room Room 530 530 Twggs St P0 Box PO Box 989 989 Tampa FL 33601 33601-0989 Tampa FL -0989 Phone #813.276.8100 # 813.276.8100 ext ext 3886 3886 813.272.5508 # 813.272.5508 Fax U gary@ hillsclerk.com [email protected]

From: Schatzberg,Beth Schatzberg,Beth [mailto:[email protected]] [mailto:schatzbmfllud 13.orgl Sent: Tuesday, September September14, 14,2010 201011:49 11:49AM AM To: Gary, Angela Angela Subject: Question this Friday, The Plaintiff an FJ FJ packet packet have have the thewrong wrongsale saleinadvertently inadvertentlyreflected reflectedforfor this Friday,9/17. 9/17. The PlaintiffLaw LawFirm Firmhas hassent sentanan We had an amended Final amended Final Judgment packet packet with with the the new new sale sale date dateof of12/9/10. 12/9/10.IsIsthat thatsufficient sufficientfor forthe thecase casetotonot notgogoforward forwardonon Friday's more to to cancel cancel the thesale? sale? Friday's sale sale docket or do you need more

1

13TH CIR 00459

B\=th Beth

Beth M. Schatzberg Beth M. Case Manager Sect. II IIMortgage Mortgage Foreclosures Foreclosures Hillsborough County County Courthouse TwiggsSt., St., Ste. Ste. 425 800 E. E. Twiggs (813) (813) 272-8578

2

13TH CIR 00460

Moreno,Elisa From: Sent: To: Cc: Subject:

Melendi, Rick Tuesday, October October 12, 12,2010 201011:34 11 :34AM AM Moreno,Elisa; Beth; Gammage,Trillany Gammage,Triliany Moreno, Elisa; Hickmon,Angelina; Hickmon,Angelina;Schatzberg, Schatzberg,Beth; Wells, Tracy; Greno, Linda; Linda; Pisacane, Pisacane,Elvira; Elvira; Tracy, Tracy, Deb Deb Wells, Tracy; FW: Revised Docket FW: Docket Annotations Annotations

Please note additional annotation Please annotation codes codes below. below.

From: Melendi, Rick Rick Sent: Tuesday, October October 12, 12, 2010 20108:18 8: 18AM AM To: Moreno,Elisa; Moreno,Elisa; Hickmon,Angelina; Hickmon,Angelina; Schatzberg,Beth; Schatzberg,Beth; Gammage,Trillany Gammage,Triliany Cc: Wells, Wells, Tracy; Greno, Greno, Linda Linda Subject: Docket Annotations Annotations

Good Morning, As result of of the the increase in in hearing hearing cancellations, cancellations, annotations annotations to the As aa result the docket docket will will need to to start startreflecting reflectingthe thereason reasonfor for cancellation or resetting resettingof ofthe the hearing. hearing.This This information informationwill will assist assist in in accurately accuratelyreporting reportingthe themonthly monthlydata datafor forallall hearings.

needs to to state stateaareason reasonand andshould shouldread readasas Therefore, if aa hearing hearing is iscancelled cancelledor orreset, reset,the the annotation annotation on the docket needs follows: Cancellation (why?): (why?): Annotation: affidavit review/review review/review of of documents documents- -by bywhom whom(client (clientreview review==bank, bank,law lawfirm firmreview review or other reason?) other reason?) Reset (why?): (why?): Annotation - client client hold, hold, document documentreview reviewororaffidavit affidavitreview review- -by bywhom whom(client (clientreview review==bank, bank,law lawfirm firm reason?) review other reason?) review or other FTA FTA- -by bywhom? whom? Reason:? Note: Please Please refrain refrainfrom fromusing usingCancellation/Reset Cancellation/Reset--Internal InternalReview Review(l/R), (I/R), as as an an annotation: annotation:unless, unless,you youprovide providemore more specificity as as to to the reason reason (e.g., (e.g., affidavit affidavit review/review review/reviewofofdocuments documents- by - bywhom whom(client (clientreview review= =bank, bank,law lawfirm firmreview review specificity or other other reason?) for the the cancellation cancellation or resetting resetting of of the the hearing. hearing. The Thereason reasonfor forthe thecancellation/resetting cancellation/resettingwill willneed needtoto reason?) for be entered entered into into the the comment comment section section for for purposes purposes of of the the data data entry. entry. be used: used: Annotations -- to be No Final Final Judgment Judgment Packet (No Annotation = I/P No (No FJP): FJP): Annotation IjP (Insufficient Pleading or or Documentation) Documentation)

No I/P (Insufficient (Insufficient Pleading Pleading or or Documentation) Documentation) No Packet: Annotation: I/P No Mortgage and Note: No Note: Annotation Annotation == I/P IjP (Insufficient (Insufficient Pleading or Documentation) Documentation)

No Ijp (Insufficient Pleading or Documentation) Documentation) No Note: Annotation == I/P No Mortgage: Annotation No Annotation == I/P Ijp (Insufficient (Insufficient Pleading Pleading or or Documentation) Documentation)

Conciliation: Negotiations) Conciliation: Annotation Annotation = = MSN MSN(Mediation/Settlement (Mediation/Settlement Negotiations) 80

13TH CIR 00461

LossMitigation: Mitigation: Annotation = MSN (Mediation/Settlement Negotiations) Loss MSN (Mediation/Settlement Negotiations)

Forbearance: Negotiations) Forbearance: Annotation;:; Annotation = MSN MSN (Mediation/Settlement (Mediation/Settlement Negotiations) This document/cheatsheet sheetisis aa work work in in progress progress and and subject subject to to further furthermodification modificationasaswe wecome comeacross across This annotation annotation document/cheat other annotations that that are are not notclear clear for forpurposes purposes of of data data entry. entry. other annotations

81

13TH CIR 00462

Moreno,Elisa Moreno,EIisa From: Sent: To: Cc: Subject:

Schatzberg ,Beth Schatzberg,Beth Tuesday, October October 05, 05, 2010 2010 12:08 12:08 PM PM Melendi, Gammage,Triliany Melendi, Rick; Rick; Hickmon,Angelina; Hickmon,Angelina; Moreno,Elisa; Gammage,Trillany Wells, Tracy RE: Annotations of RE: of Daily Daily Dockets Dockets

Sorrylaw firms tfley are are cancelling cancelling them them for for Internal Internal Review. Review. It's It'snow nowrare rareififcases casesgo gothrough. through. Sorry- the the law firms are are stating stating that they From: Melendi, Rick Rick Sent: Tuesday, October October 05, 05,2010 2010 12:06 12:06PM PM To: Schatzberg,Beth; $chatzberg,Beth;Hickmon,Angelina; Hickmon,Angelina;Moreno,Elisa; Moreno,Elisa; Gammage,Trillany Gammage,Triliany Cc: Wells, Wells, Tracy Tracy Subject: RE: of Daily Daily Dockets RE: Annotations of clarify what what StrikeStrike-internal internal review review mean? mean? ItItwould Please clarify would help helpifif you you provided provided me me an an example, example, situation situationor or nnotation would would be be used. used. circumstance of when this a annotation

From: Schatzberg,Beth $chatzberg,Beth

Sent: Tuesday, October October 05, 05,2010 11:53AM AM 2010 11:53 To: Melendi, Melendi, Rick; Rick; Hickmon,Angelina; Hickmon,Angelina; Moreno,Elisa; Moreno,Elisa; Gammage,Trillany Gammage,Triliany Cc: Wells, Wells, Tracy Subject: RE: of Daily Daily Dockets Dockets RE: Annotations of

Based hearings held held thus thus far, far, are are we we all all good good to to write write Strike Strike --I/R (forinternal internalreview)? review)? Based on on the hearings hR (for Beth Rick From: Melendi, Rick

Sent: Monday, 2010 12:18 12:18PM PM Monday, October 04, 2010 Hickmon,Angelina; Moreno,Elisa; Moreno,Elisa; Gammage,Trillany; Gammage,Triliany; Schatzberg,Beth $chatzberg,Beth To: Hickmon,Angelina; Cc: Wells, Wells, Tracy Subject: Annotations Annotations of of Daily Daily Dockets Dockets Good Afternoon, Afternoon, Ladies: Ladies: This may may be be a regular annotating annotating practice This practice in in which which you you have have already already been beenengaged engagedinindoing; doing;but, but,just justinincase, case,I Ineed needfor for you to incorporate this into into your daily daily case practices and and start startannotating annotatingon onthe thedockets docketsall all each of you case management management practices hearings that that are are cancelled cancelled -- by by whom whom and andwhy, why, all all hearing hearing re-setsre-sets-by bywhom whomand andwhy why(if (ifknown), known), and and all all no-shows no-showswho no showed attorney, respondent/defendant respondent/defendantstarting startingtoday todayininthe thep.m. p.m. Thanks Thanks.

101

13TH CIR 00463

Nauman, Chris From: Sent: Sent: To: To: Subject: Attachments: Attachments:

Dave Rowland, Dave Wednesday,December December15, 15,2010 201010:10 10:10AM AM Wednesday, Nauman, Chris Chris Nauman, FW : FW: Foreclosure Foreclosure Letter letter to to Chief Chief Justice Justice Canady.docx Canady.docx

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---_.- ._---- - - -- ------_._- - - - - -- --

From: Menendez, Menendez, Manuel Manuel From: December 14, 14,2010 20103:01 3:01PM PM Sent: Tuesday, December Rowland, Dave Dave To: Rowland, Subject: FW:

From Bridenback, Mike Mike From:: Bridenback, Sent: Wednesday, November November 17, 17, 2010 20105:14 5:14PM PM Menendez, Manuel; Manuel; Rowland, Rowland, Dave; Dave; Nauman, Nauman, Chris; Chris; Barton, Barton, James James To: Menendez, Cc: Cash, Cash, Kim Kim Subject: RE:

See my suggested changes attached. attached.

****.** •••••••••••••••••••••• *••• ** •••• * /1;ddL~ Hd4d L. 4ia Court Administrator AdminiStrator 800 E. E. Twiggs Street, Sulle Suite 604 FL 33602 Tampa, FL p: 813.272.5894 p: 811272.5894 813.301.)800 f: 813.301.3800 [email protected] bridenmIfljud13.org www,Hiud13.OfO www.fltud13.org

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_._._. _ - - - - - - - - - - - - - - - - _.

From: Menendez, Manuel Manuel Sent: Wednesday, November November 17, 17, 2010 20104:28 PM 4:28 PM To: Bridenback, Briden back, Mike; Mike; Rowland, Rowland, Dave; Nauman, Nauman, Chris; Chris; Barton, Barton, James James Cc: Cash, cash, Kim Kim Subject: Importance: High Here' draft response responseto tothe theChief ChiefJustice's Justice' smemo. memo .Please Pleasereview reviewand andgive giveme meyour yourthoughts. thoughts. Here'ss a draft JManuel \1allllei Menendez, JWenemJez, Jr. Jr.

Judge, 13th 131h Judicial CirclIit Florida Chief chief Judge, Circuit of Florida 800 E. Twiggs St Suite 602, 601, Tampa, Tampa. FL FL33602 33601 St.,.. Suite 8/3-272-5021 813-272-5022

13TH CIR 00464

letter Letter to Chief Chief Justice Justice Canady Canady lisa Goodner, State State Court Court Administrator Administrator Copy to Lisa

Dear Chief Chief Justice Justice Canady: Canady:

This is in response response to to your yourmemorandum memorandumregarding regardingthe therecent recentletter letteryou youreceived receivedfrom fromthe theFlorida FloridaPress Press correspondence. In you for for providing a copy of the correspondence. Inthat that Associations and other organizations. Thank Thank you letter it is alleged alleged that that members membersof ofthe publicor orthe thepress presshave haveeither eitherbeen beenprevented preventedfrom from the public attending foreclosure proceedings or have been told Asitit told they were were not not allowed allowed to to attend. attend. As states" ... [a]court courtobserver observerininHillsborough HillsboroughCounty County relates to the Thirteenth Thirteenth Circuit Circuit the the letter letterstates "...[a] court to to ask ask about aboutthe therules rulesgoverning governingattendance attendanceatatforeclosure foreclosureproceedings proceedingsand andwas was called the court told that the proceedings were were not not open open to to the the public." public." To Tosay saythat thatI Iwas wasaghast aghasttotoread readsuch suchanan be an understatement! understatement! Other Otherthan thanfor forproceedings proceedingsthat thatare areby byoperation operationofoflaw law allegation would be ofParental Parental Rights Rights under underF.S. F.S. deemed to be confidential (such (such as as proceedings proceedings for for Termination Termination of ofParental Parental Notification Notification of ofAbortion Abortion 39.809(4), Adoptions under under 63.162(1), 63.162(1), and and Judicial Judicial Waiver Waiver of under F.S. 390.011 14(4)©, 390.01116, and Rule 8.820(e) 390.01114(4)©, 8.820(e) of ofthe the Florida Florida Rules Rules of ofJuvenile Juvenile Procedure) we wedo donot notconduct conductcourt courtproceedings proceedingsthat thatare arenot notopen opentotothe thepublic. public.Hence HenceI Ihave have ofthe thestatement. statement. attempted to to determine determine the the accuracy accuracyof As one can well imagine, imagine, itit rather rather is is difficult difficult to to investigate investigate an an allegation allegation from from an an anonymous anonymous observer" that that fails fails to to provide provide any anyspecifics specifics as as to to when when the the call call was was allegedly allegedlymade madeor or "court observer" who it was that allegedly allegedly provided provided the the information. information. Nevertheless Neverthelesswe wehave haveconducted conductedananinquiry inquiry to determine beany anyvalidity validitytotothe theallegation. allegation. determine whether whetherthere theremight mightbe There are multiple multiple entities entities that that someone someone might might call call to to obtain obtain information information about about court court proceedings. These Theseinclude includeaajudicial judicialassistant assistant for for aa judge, judge, aa judge, judge, the the court court administrator's administrator's office and its various departments, ofcourt court and and its its various various departments departments or or the the sheriffs sheriffs departments, the the clerk clerk of court security security and and operations operationsunit. unit. of the judicial assistants assistants and and judges judges who who routinely routinely handle handle mortgage mortgage foreclosure foreclosure cases caseswere were Each of Nonerecalled recalledaacall callconcerning concerningrules rulesgoverning governingattendance attendanceatatforeclosure foreclosure contacted. None and none recalled recalled advising advising any any caller caller that that such such proceedings proceedings were were not not open opento to the the proceedings, and each confirmed confirmed their their understanding understanding that that foreclosure foreclosure hearings hearings are areindeed indeedopen open public. Moreover, each and indicated indicated that that they they would would not not have have otherwise otherwise told told anyone anyone that that the the hearings hearings are are to the public and closed. of the Clerk of ofthe the Circuit Circuit Court Court was was likewise likewise contacted contacted during during our our inquiry. inquiry. The The chief chief The office of deputy for court operations who who oversees oversees the the departments departments that that support support the the handling handling of ofmortgage mortgage cases inquired inquired of ofher herstaff staffto todetermine determineififany anyofofthem themmight mighthave havereceived receivedsuch sucha a foreclosure cases call. No one recalled fielding such such aa call. call. She Shefurther furtherconfirmed confirmedthat thather herstaff staffacknowledged acknowledgedanan

13TH CIR 00465

understanding that that foreclosure foreclosure proceedings proceedings are are in in fact fact open open to to the the public public and and that that they theywould wouldnot not have indicated indicated otherwise otherwiseto toanyone anyonemaking makingsuch suchan aninquiry. inquiry. In addition, administrative administrative staff staffmembers members working working with with the the mortgage mortgage foreclosure foreclosure project project were were also interviewed. This courtoperations, operations,chief chiefadministrative administrativeassistant assistanttotothe the Thisincluded includedthe thechief chiefofofcourt administrator, the the central central receptionist receptionistwho whohandles handlesall allcalls callscoming corninginto intothe thecourt court court administrator, administrator's administrator'soffice, office, as aswell well as asthe thecase casemanagers managersand andsecretaries secretariesassigned assignedtotothe theforeclosure foreclosure project. Again, Again,no noone onerecalls recallsreceiving receivingaacall callregarding regardingrules rulesassociation associationwith withattending attending foreclosure proceedings, and and all all confirmed confirmed that that they they understood understood that that these these proceedings proceedings are areopen open and stated that they would would not not have have ever ever said said otherwise otherwise to to anyone anyone who who may may inquire inquire either eitherin in or on the the telephone. telephone. person or

The bailiffs who support the the foreclosure foreclosure proceedings proceedings were were also also contacted. contacted. They Theylikewise likewisefully fully offoreclosure foreclosure proceedings proceedings being being open open to to the the public. public. The Thesheriff sheriffhas policy of understand the policy has a a comprehensive education education and and training trainingprogram programthat thataddresses addressesproper properprotocols protocolsfor forofficers officerstoto comprehensive this. They Theytoo toodo donot notrecall recallfielding fieldingany anyinquiry inquiryasastotowhether whetherforeclosure foreclosure address issues such as this. proceedings are are public. Prior to implementation implementation of ofthe theforeclosure foreclosureproject projectthese thesecases caseswere wereassigned assignedtotoeach eachofofthe the1010 judges in in our our general general civil civil division. division. The Thejudges judgeshad hadno nocase casemanagement management support support to to assistance assistancein in judges managing their their cases. cases. The The hearings hearings in in those those cases, cases, as as with with the the hearings hearings in in most most civil civilcases, cases,were were held in hearing hearing rooms rooms adjacent adjacent to to chambers. chambers. Courtrooms Courtroomswere weregenerally generallyreserved reservedfor forjury jurytrials. trials. ofthe the limited limited funding funding for for the the foreclosure foreclosure project, project, we we now now have have the the equivalent equivalentof of22 As a result of judges of case management support. Due Dueto to judges handling handling all all foreclosure foreclosure cases cases with the assistance of ofthe the space constraints we have been conducting conducting foreclosure foreclosure proceeding proceeding on on two two floors floors of courthouse. One Oneof ofthe foreclosuredivisions divisionsconducts conductsthe theproceedings proceedingsininaatraditional traditionalcourtroom courtroom the foreclosure 4th setting on the 4th floor. Access Accessto to the the courtroom courtroom isis from from aa public public lobby lobby area. area. The Theother other foreclosure division conducts the proceedings proceedings in in aa hearing hearing room room adjacent adjacent to to judges' judges'chambers chambersinin screened for security security reasons. reasons. Unlike Unlikethe thecourtroom courtroomsetting, setting,the thehearing hearing an area where entry is screened room is not set up to allow allow unfettered entry entry and and exit exit from from aa public public lobby lobby area. area. Entry Entrytotothe the Accordingly,access accesstotothe thehearing hearingroom roommay mayininfact factbebea a chambers area is monitored by bailiffs. Accordingly, my knowledge knowledgeno noone one bit slower or or cumbersome cumbersome than than the the entry entry to to the the courtroom. courtroom. However, However, to to my has been denied access access to to the the foreclosure foreclosure proceedings proceedings in in either either of ofthe the locations locations currently currentlybeing being utilized. The senior judges hearing the foreclosure foreclosure cases cases are are very very experience experience judges. I Ihave haveno nodoubt doubtthey they case on its its merits merits and and making making rendering rendering judgments judgments based based on on the the facts facts and andthe the are reviewing each case law. Prior Priortotothe thehearings hearingsour ourcase casemanagers managersreview reviewevery everycase casecalendared calendaredtotodetermine determinewhether whether Hundreds of of all required documents are properly filed filed and ready ready for for consideration consideration by by the the court. court. Hundreds calendar due due to to insufficient insufficient documentation. documentation. The The case case managers managers cases have been pulled from the calendar taken by by the the judge. The Thecases casesare areset setinin30 30minute minute attend the hearings and record all actions taken

13TH CIR 00466

oftime with no no more more than than 15 15 cases cases schedule schedule per per time time block. We Weuse usean anautomated automated blocks of time with Before an system where the attorneys schedule their cases cases on on aa web-based web-based calendaring calendaringsystem. system. Befoçjin attorney can cale nd ar a foreclosure hearing, calendar hearing . through the court'sautomated court's automatedcalendaring calendaringsystej system, tliro ughthe ti le attorney is required to to upload a copy of the motion mortgageforeclos foreclosure which can the up14acpy of the motion orormortgage ure packet whicjn bybyaa juçgçi then he pçcessedview accessed and review judge or- case completed, the the case manager. manager.Once Oncethis thistask taskis Icoipieted, hrination that attorney receives aa eon contirmation that the the hearing hearing isis scheduled scheduled must eertify that the the case ease isisready ready certir that for final resolution resolutionbefore beforeititcan oanbe becalendared. ealendared. Notice Noticetotoallallassociated_parties associated partiesisisprovided provided fe4ifia1 ofthe thehearings hearingsare areconducted conductedtelephonically. telephonically. through this automated calendaring calendaring system. system. Many Manyof Summary Judgment hearings hearings are are held held Monday Mondaythrough throughThursday Thursdayfrom from99am amtoto 5 pm. each handled handled simultaneously by aa senior senior judge. We We have have aa Cases are calendared on two dockets each of 6 senior senior judges who who are are assigned assigned for for aa two two week week period. period. On OnFridays Fridaysofofeach eachweek, week,nonnonpool of dispositive motion hearings are are held held between between 99 am am and and 5 pIn. pm. Beginning in December, we will conducting case case management managementconferences conferencesfor forthose thosecases casesthat thathave havenot notbeen beencalendared calendared also be conducting Thepurpose purposeofofthese thesehearings hearingsisistotodetermine determinewhy whythe thecase caseisis for summary judgment hearing. The feasibletotoset settrial trialdates datesfor forthose thosecases. cases. not moving toward toward disposition dispositionand andififfeasible of the allegation allegation that foreclosure foreclosure proceedings are not open open to to the the public public A possible source of might be from an an internet internet blog blog published published by by attorney attorney Matt Matt Weidner Weidner (mattweidnerlaw.com (mattweidnerlaw.com). am ). II am September 24, 24, 2010, 2010, Mr. Mr. Weidner Weidner states states that that "across "across this this state, state, oftentimes oftentimes told that in a blog on September in secret courtrooms courtrooms that that are are hidden hiddenfrom fromthe thepublic publicusing usingevidence evidenceand andinformation informationthat thatisis ofpress press or or public public view, view, judges judges will will be be signing signing thousands thousands of offoreclosure hidden from the scrutiny scrutiny of foreclosure was in in one one of ofthose thosesecret secretKafka-esque Kafka-esque courtrooms courtrooms in inTampa Tampayesterday..." yesterday ... "I do I donot not judgments. II was Weidner's opinion opinionas asto tothe theproceedings proceedingsbeing beingheld heldin inHillsborough HillsboroughCounty, County,and andII share Mr. Weidner's th believe aa reasonable reasonable analysis analysisof ofthe theforeclosure foreclosureprocess processininplace placeininthe the1313 th Judicial Circuit would would Weidner's statements statementsto tobe berather ratherexaggerated. exaggerated. show Mr. Weidner's I would note that in in September Septemberaa reporter reporterfrom from the theNew NewYork YorkTimes Timesvisited visitedthe the courthouse and and wished wished to to observe observethe theforeclosure foreclosureproceedings. proceedings.The Thereporter reporterwas wasapparently apparently clerk'soffice officethat thatthe theproceedings proceedingswere werein inthe thehearing hearingroom roomarea areaand and advised by someone in the clerk's controlled by by the bailiffs. The Thereporter reportersought soughtout outour ourcourt court that entry into that area was controlled ofaccess. access. ItItwas wasexplained explainedthat thataccess accesswas wasnot notprohibited prohibitedbut but issue of administrator to discuss the issue that security screening procedures were were in in place. place. The Thereporter reporterwas wasallowed allowedaccess accesstotothe thehearing hearing room, observed the proceedings, and and conducted conducted an an interview interview with with one one of ofthe the judges. judges. The The reporter reporter Times,, (Flawed (Flawed Foreclosure Foreclosure appeared in the New York Times subsequently wrote an article which appeared Sales, By By Andrew Andrew Martin Martin and and David David Streitfeld, Streitfeld, ,, New New York York Times, Times, Documents Thwart Home Sales, 20 I 0). No mention mention isismade madeininthat thatarticle articleof ofanyone anyonenot notbeing beingallowed allowedtotoobserve observe October 8, 2010). foreclosure proceedings. Likewise, Likewise, aareporter reporterfrom fromBloomberg BloombergNews Newsvisited visitedour ourcourthouse, courthouse, foreclosure proceedings, proceedings,interviewed interviewedaajudge, judge,and andwrote wrotean anarticle article("Florida's ("Florida'S3030observed foreclosure Second Foreclosure Dash Hits Wall of of Fraud Claims, By David McLaughlin - Bloomberg BloombergNews, News, Oct 13, 13,2010). Allwith withno noapparent apparentproblems, problems,and andwith withno nomention mentionofofhaving havingbeen beendenied denied 2010). All access.

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In any event, we are are now now in in the the process processof ofdeveloping developingaarotation rotationschedule schedulethat thatwill will hopefully free up courtroom space startijig stmiing Monday, Noveniber November 22, 22,2010, sothat thatall allthe theforeclosure foreclosureproceedings proceedings 2010,so may be held in that type of ofsetting, setting, rather rather than than in in aa hearing hearing room. As Asyou youknow, know,we weare are struggling to handle an extraordinary extraordinary amount of of work work with limited resources. We Wehave haveput putinin place procedures which we we feel feel are are efficient efficient and and which which allow allow for for due due process process to to all all who who have have coursealways alwaysopen opentotosuggestions suggestionsasastotohow howtotoimprove improvethe the business before the court. We Weare areofofcourse system and would welcome welcome an an independent independentreview reviewof ofour ourprocess. process. if there is is any any additional additional information informationyou youdesire. desire. Please advise if

13TH CIR 00468

Nauman, Chris Nauman, From: From: Sent: Sent: To: To: Subject: Subject:

Rowland, Dave Dave Rowland, Wednesday, October 2010 2:46 PM Wednesday, October 27, 27,20102:46 PM Nauman, Chris Nauman, FW: ForeclosureSections SectionsI & I &IIII FW: Office/Courtroom Office/Courtroom Location Location & &Phone Phone Numbers Numbers // Foreclosure

ACLU PRR ACLUPRR

From: Bridenback, Mike Mike

Sent: Tuesday, June June 29, 29, 2010 2010 12:16 12:16PM PM To: Menendez, Menendez, Manuel; Manuel; Rowland, Rowland, Dave Dave Fwd: Office/Courtroom Office/Courtroom Location & Phone Phone Numbers / Foreclosure Subject: Fwd: Location & Foreclosure Sections Sections II&& II II

FYI Sent from my iPhone Begin forwarded message: message:

13 .org> From: "Melendi, Rick" , "Albury, Cc: "Wells, "Wells, Tracy" Tracy"