IN THE CIRCUIT COURT OF THE TlDRTEENTH JUDICIAL CIRCUIT

IN AND FOR HILLSBOROUGH COUNTY, FLORIDA

GENERAL CML DMSION
NEIL J. GILLESPIE,
Plaintiff, CASE NO.: 05-CA-7205
vs.
BARKER, RODEMS & COOK, P.A., DIVISION: C
a Florida corporation; WILLIAM
J. COOK,
Defendants.
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MOTION TO HOLD RYAN CHRISTOPHER RODEMS
IN CML CONTEMPT OF COURT
Plaintiff pro se, Neil J. Gillespie, moves the Court to hold Defendants' attorney
RYAN CHRISTOPHER RODEMS in civil Contempt of Court for violating the Court's
ruling and Order dated October 9, 2009. In support thereof plaintiff states as follows:
1. On October 1, 2009, the Court granted plaintiff a 60 day stay on everything in this
case. The Court specifically included attempts to collect the money judgment Defendants
have against plaintiff, according to the transcript of the Court's statements on the record.
2. On October 9,2009, the Court issued an ORDER that the action be stayed for 60
days to allow plaintiff time to find replacement counsel. (Exhibit 1).
3. On October 13,2009, with malice aforethought, Defendants' counsel Ryan
Christopher Rodems (FL Bar # 947652) violated the Order and served upon plaintiff an
Amended Notice of Deposition Duces Tecum. (Exhibit 2). Mr. Rodems also filed the
notice with the clerk of court making the notice a matter of record.
Gillespie v. Barker, Rodems & Cook 05-CA-7205
Motion to hold Ryan Christopher Rodems in Contempt
4. On October 5, 2009 Mr. Rodems served plaintiff a Notice of Deposition Duces
Tecum for a deposition on October 23, 2009. Mr. Rodems later served plaintiff
Defendants' Notice of Cancellation of Deposition Scheduled for Friday, October 29,
2009 on October 12, 2009.
5. On December 7, 2009, Mr. Rodems sent plaintiff a letter and a copy of the
Amended Notice of Deposition Duces Tecum. (Exhibit 3, letter only). Plaintiff
responded by letter dated December 10, 2009 that he would not attend the deposition
because it was not properly noticed. (Exhibit 4). Plaintiff did not receive a response from
Mr. Rodems and plaintiff did not attend the deposition.
6. Mr. Rodems' letter and notice(s) violate the ruling of this Court, and Order issued
October 9,2009. A such Mr. Rodems has committed a civil Contempt of Court.
7. The ongoing problems in this litigation are because Mr. Rodems has a conflict of
interest representing his firm against a former client. For example, Mr. Rodems still
refuses to address plaintiff as "Mr. Gillespie" as directed by The Honorable Claudia Isom
on February 5, 2007. At that time the Court instructed Mr. Rodems to address plaintiff as
"Mr. Gillespie" at all times in this action. This was necessitated because of a pattern of
harassment by Mr. Rodems of plaintiff, including harassing phone calls, letters, and name
calling. Among other things, Mr. Rodems called plaintiff "a bitter man" and "cheap". The
Court also directed Mr. Rodems not to telephone plaintiff, but to write instead.
8. Plaintiff requests that Mr. Rodems be disqualified from further representing
Defendants in this action, and that the Court reverse the $11,550 judgment awarded
against plaintiff on March 20, 2008, since it is clear from this motion that Mr. Rodems
has acted with malice aforethought, and has done so throughout the course of this
Page 2 of3
Gillespie v. Barker, Rodems & Cook 05-CA...7205
Motion to hold Ryan Christopher Rodems in Contempt
litigation due to a conflict of interest with a former client. In the alternative plaintiff
requests that the Court stay the money judgment pending the conclusion of this action,
because plaintiff cannot obtain a supersedes bond.
WHEREFORE, plaintiff moves the Court for a finding of civil Contempt of Court
against Mr. Rodems, and to disqualify Mr. Rodems from further representing Defendants,
and to reverse the $11,550 judgment awarded against plaintiff on March 20, 2008, or in
the alternative to stay the money judgment pending the conclusion of this action.
RESPECTFULLY SUBMITTED December 15,2009.
Certificate of Service
I HEREBY CERTIFY that a true and correct copy ofthe foregoing has been furnished by
hand on December 15, 2009 to the office of Ryan Christopher Rodems, attorney for the
Defendants, at Barker, Rodems & Cook, PA, 400 North Astl1ey Drive, Suite 2100,
Tampa, Florida 33602.
Page 3 of3
IN THE CIRCUIT COURT OF THE TIDRTEENTH JUDICIAL CIRCUIT
IN AND FOR IDLLSBOROUGH COUNTY, FLORIDA
Case No.: L.T.No.05-CA-007205
Division: _
NEIL GILLESPIE
Plaintiff,
vs.
BAKER, RODEMS, & COOK, a Corporation and
WILLIAM 1. COOK
Defendants
----------------,/
ORDER GRANTING
MOTION TO WITHDRAWAL AS COUNSEL
The Court considered the Motion to Withdrawal as Counsel filed by Attorney Robert W.
Bauer.
Plaintiff, Neil Gillespie, appeared in person, pro se.,
Defendant, Baker, Rodems, & Cook, failed to appear.
Defendant, William J. Cook, failed to appear.
Robert W. Bauer, Esq appeared in person
Based upon the pleadings, records, documents filed by counsel, and the argwnents ofcounsel
at the hearing, the Court finds that the Motion should be GRANTED.
IT IS THEREFORE ORDERED that the Motion to Withdrawal as Counsel is hereby
GRANTED
IT IS FURTHER ORDERED that the above action be shall be stayed for 60 Days to allow
the Plaintiffto fmd replacement counsel. Ifwithin 60 days a notice ofappearance has not been filed
Palle 1of 2 ORDER GRANTING
MOTION TO wn'HDRAWALAS COUNSEL
I
EXHIBIT
/
the Plaintiff may be served at:
Mr. Neil Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
DONE AND ORDERED in chambers, in Hillsborough County, Florida, this day
of , 2009. ORIGtMLSIGNED
OCT 9- 2009
______~ t r ..n
Honorable James M. Barton n, Judge Presiding
COPIES FURNISHED TO;
Ryan Christopher Rodems, Esq.
Attorney for Baker, Rodems, & Cook and William J.
Cook
Robert W. Bauer, Esq.
Neil Gillespie
Page 2of 2 ORDER GRANTING
MOTION TO WlTIlDRAWAI. AS COUNSEL
IN THE CIRCUIT COURT OF THE TIDRTEENTH JUDICIAL CIRCUIT
IN AND FOR mLLSBOROUGH COUNTY, FLORIDA
GENERAL CIVIL DMSION
NEIL J. GILLESPIE,
Plaintiff,
VI. Case No.: 05CA7205
Division: C
BARKER, RODEMS & COOK, P.A.,
a Florida corporation; and WILLIAM
J.COOK,
Defendants.
____________~ I
AMENDED NOTICE OF DEPOSITION DUCES TECUM
PLEASE TAKE NOTICE that the undersigned attorney for Defendants, will take the
following deposition for discovery or use at hearings or trial, by sound, sound-and-visual,
videotaped, or stenographic means, or all, at the time and place listed below, upon oral
examination before an officer designated under Fla. R. Civ. P. 1.300, or a designated court
reporter, or any other Notary Public authorized by law to take depositions, as prescribed by
Florida Rule of Civil Procedure 1.310:
Name: Neil J. Gillespie
Date: December 15, 2009
Time: 12:00 p.m.
Location: Richard Lee Reporting
100 North Tampa Street, Suite 2060
Tampa, Florida 33602
(823) 229-1588
The deponent is to have with him the following:
EXHIBIT
1;<.
DEFINlTION
As used herein, "document" shall mean: Every writing or record ofevery type and
description that is or has been in your possession, control or custody or of which you have
knowledge, including, without limitation on the generality of the foregoing, correspondence,
memoranda, tapes, videotapes, stenographic or hand-written notes, studies, publications, books,
pamphlets, pictures, films, voice records, maps, reports, surveys, computer files, minutes or
statistical compilations; every copy ofsuch writing or record, where the original is not in your
possession, custody or control; and every copy of such writing or record where such copy is not
an identical copy of any original or where such copy contains any commentary or notation
whatsoever that does appear in the original.
DOCUMENISTQBE PRQDUCEP
1. Gillespie Family Living Trust Agreement dated February 10, 1997 and all
amendments, modifiCations or changes thereto.
2. Each and every document received from the Trustees ofthe Gillespie Family
Living Trust Agreement dated February 10, 1997.
3. Each and every document discussing, describing or mentioning the Gillespie
Family Living Trust Agreement dated February 10, 1997.
4. For years 2005-2009, bank statements, deposit slips and canceled checks for any
accounts you have an interest in at Park Avenue Bank, whether individually or jointly.
5. For years 2005-2009, account statements for all money accounts, including
checking, savings, credit union, investment accounts, equity accounts, insurance policies or any
others for any accounts you have an interest in, whether individually or jointly..
6. Your federal income tax or information returns filed for 2005-2009. (If you have
not filed for any of these three years, bring any worksheets or proposed returns.)
7. For years 2005-2009, all W-2 income statements or 1099 forms.
8. Your last five paycheck stubs or wage statements.
Page 2 of 6
9. All title certificates and registrations to all automobiles, trucks, boats, motorcycles
or other vehicles you owned singly or jointly with any other person or which you regularly drive.
10. The d e e ~ mortgage, note and closing statement to your home and any and all
other real property in the state ofFlorida or elsewhere owned by you individually or as a co
owner or in which you have any interest whatsoever.
11. All notes, loan agreements, judgments or other documents showing debts that you
owe to any other person.
12. All documents that show or tend to show debts incurred for the purchase ofreal or
personal property owned by you, including but not limited to financing contracts and payment
books.
13. All notes, judgments, receipts, contracts or any other documents showing debts
that other persons owe to you.
14. All certificates ofstock or bonds, shares, membership certificates or other
securities which you owned individually or jointly with any other person, in corporations, LLCs,
LLPs, LLLPs or any other entity.
15. All savings bonds you own individually or jointly with any other person.
16. All certificates ofdeposit you own individually or jointly with any other person.
17. All policies ofinsurance on your life.
18. All policies of insurance on your motor vehicles.
19. All policies ofinsurance on your home, apartment, condominium or residence.
20. . Any personal articles floater and master insurance policies.
21. Any loan applications which you have filled out in the last three years.
Page 3 of 6
22. Any leases to which you are a party including the lease on your home or
apartment.
23. All documents showing pension and profit-sharing plans in which you have any
interest.
24. Your last will and testament.
25. Any inventories of safe deposit box contents.
26. Any inventories ofpersonal property kept for insurance or other purposes.
27. Any and all business permits or licenses.
28. Florida Driver's license.
29. Any and all franchise, patent and copyright certificates.
30. Any and all financial statements showing your financial condition for both of the
past two years.
31. All financial statements issued during the past three years by any corporation,
partnership or business in which you owned stock or have an interest.
32. All partnership agreements, shareholder agreements and other business
agreements in which you are an interest party or by which you have any duties or rights.
33. Any and all documents showing or tending to show any investments or
contributions made in whole or in pan by you within the last three years, and the amount and
value of each investment or contribution.
34. Any and all documents showing or tending to show any distributions made to you
as a result ofany investments or contributions made in whole or in part by you.
35. All contracts and closing documents connected with the purchase or sale of any
Page 4 of 6
real or personal property by you within the past five years.
36. All contracts and closing documents connected with the sale lease or transfer of
any real or personal property by you during the last three years.
37. All contracts undue which you currently have any legal rights.
38. All trust instruments which name you either as a trustee or beneficiary or
interested party.
39. All powers of appointment and powers of attorney in which you are named.
40. Any and all documents showing pending litigation in which you are involved.
41. Any inventories ofpersonal property kept for insurance or other purposes.
42. Any and all business permits or licenses.
43. Any and all documents showing pending litigation in which you are involved.
44. Any and all documents showing payments you made to any person or entity.
45. Any and all documents showing payments made to you by any person or entity.
46. Credit report.
DATED this Q day of October, 2009.
RYAN HRISTOP RODEMS, ESQUIRE
Florida Bar No. 947652
BARKER, RODEMS & COOK, P.A.
400 North Ashley Drive, Suite 2100
Tampa, Florida 33602
Phone: 813/489-1001
Fax: 813/489-1008
Attorneys for Defendants
Page 5 of 6

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy ofthe foregoing has been furnished by
U.S. Mail to Neil J. Gillespie, 8092 SW 115
th
Loop, Ocala, Florida 34481, this!.3..- day of
October, 2009.
cc: Richard Lee Reporting
Page 6 of 6
BARKER, RODEMS & COOK
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
CHRIS A. BARKER
RYAN CHRISTOPHER ROD EMS
WILLIAM J. COOK
400 North Ashley Drive, Suite 2100
Tampa, Florida 33602
Telephone 813/489.1001
Faclimile 813/4891008
December 7, 2009
Mr. Neil J. Gillespie
8092 SW 115
th
Loop
Ocala, Florida 34481
Dear Neil:
I hope all is well. As you know, the time for you to locate replacement counsel expires on
December 9,2009, and I wanted to remind you that your deposition has been scheduled on
December 15,2009 at 12:00 p.m. at Richard Lee Reporting, 100 North Tampa Street, Suite 2060,
Tampa, Florida 33602, telephone number (813) 229-1588. A copy of the previously served
notice is enclosed.
I look forward to seeing you and your new counsel, if you have hired one, on December 15.
Sincerely,
RCR/so
Enclosure
EXHIBIT
I ,,3
Neil J. Gillespie
8092 SW 115
tb
Loop
Ocala, FL 34481
December 10, 2009
Mr. Ryan Christopher Rodems, Attorney at Law
Barker Rodems & Cook, PA
400 North Ashley Drive, Suite 2100
Tampa, Florida 33602
Dear Mr. Rodems:
This is in response to your letter dated December 7,2009. Your Amended Notice of
Deposition Duces Teeum served October 13,2009 violates Judge Barton's ruling of
October 1,2009 and the Court's Order dated October 9, 2009. The ruling and Order made
a 60 day stay in the proceedings. Therefore the notice is a contempt and ofno effect. I
will not be attending the deposition because it has not been properly noticed.
On February 5, 2007, Judge Claudia 150m directed you to address me as "Mr. Gillespie"
on all matters related to this litigation, including letters you write to me. Your letter dated
December 7, 2009 does not address me as "Mr. Gillespie" and you are in violation ofthe
Court's direction. This is my request that you obey the direction given you by Judge 150m
and address me as "Mr. Gillespie" at all times during this litigation.
During the hearing ofOctober 1,2009, which you failed to attend, the Court said to
contact you about an amended complaint, which will be ready shortly. The Court also
said I may contact you for a stay on the collection ofthe moneyjudgment against me. Can
we agree on those two items? I want to submit Plaintiff's First Amended Complaint soon.
'. EXHIBIT
I 7'