Agent #2 of George H. Bush

Susan A. filed this request with the Collier County Clerk of the Circuit Court of Collier County, FL.
Est. Completion None
Status
Partially Completed

Communications

From: Susan A.

To Whom It May Concern:

Pursuant to Florida's Sunshine Law (Fla. Stat. secs. 119.01 to 119.15 (1995)), I hereby request the following records:

Seeking a certified copy of the entire contents of a civil court file, for a Sunshine Law Public Records Violations complaint which I filed against former Custodian of Public Records Joe Landon, public school superintendent former US Army Colonel Dennis L. Thompson and the Collier County Public School District, because although this school superintendent Dennis Thompson was publicly claiming he had four college degrees, the public school district was unable to produce a required written job application or any personnel file application evidence of official college transcripts for this school superintendent, who a new school board majority then did not renew in 2010 due to a Sunshine Law Violation just as I had alleged -- but I could not obtain a court date from the Collier County Court Clerk Dwight Brock (and I have an pdf copy of the online court docket/file information in the event it has now disappeared online -- the "Clerks Case Number" in the Collier Circuit Civil court was: 0903118CA and the "Uniform Case Number" was 112009CA003180001XX with a title of "ALYN, SUSAN J vs CUSTODIAN OF PUBLIC RECORDS and DISTRICT SCHOOL BOARD OF COLLIER COUNTY ").

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I would request your response within ten (10) business days.

Sincerely,

Susan Alyn

From: Lisa S. Price

Ms. Alyn,

Your request for a certified copy of the entire file has been completed. Attached you will find the necessary information on costs and instructions on how to obtain the documents. Upon receipt of the appropriate fee and a self-addressed stamped envelope to accommodate the size of the file the copies will be sent to you.

Thank you and have a good day.

Lisa Price
Supervisor – Collier County Clerk of Court
239-252-2651

From: Susan A.

Ms. Price:

Regarding your response dated 6/23/2015 and the attachment you sent, claiming this court file has "63 (sixty-three)" pages.

If you don't mind, would you kindly count those pages again?

The reason I ask is because when I previous wrote to the court about this file, but did not pay to obtain it and did not obtain it, and only ended up getting a page count, I was told the page count is: *50 (Fifty)" pages. I wondering how 13 pages were added since then. Perhaps there is a logical explanation but I am unaware
of it.

Thank you for your help.

Susan Alyn

---------- Forwarded message ----------
From: Darlene M. Muszynski <Darlene.Muszynski@collierclerk.com>
Date: Mon, Nov 8, 2010 at 1:14 PM
Subject: RE: Request for certified copy of civil court file / Fwd: FW: request to update site
To: Susan Alyn <susan.alyn@gmail.com>
Cc: "Sue M. Barbiretti" <Sue.Barbiretti@collierclerk.com>, "Dwight E. Brock" <Dwight.Brock@collierclerk.com>

Ms. Alyn,

The court file contains a total of 50 pages. There are 6 separate documents filed. If you want each document certified, the cost would be $50 dollars for the copies and $15.00 ($2.50 for each document) to certify the documents.

This case was filed on April 8, 2009. It was filed as a Petition for Writ of Mandamus. The file was opened and sent to the Judges office on April 21, 2009 for review because it was a Petition for Writ of Mandamus. The file was returned to our office on June 16, 2009 with an Order dismissing the case, which was based upon your notice of dismissal.

I have the file right on my desk so I can assure you that the file was not stolen.

To obtain copies, please submit a written request, the fee and a self addressed stamped envelope (large enough to accommodate the copies) to:

Clerk of Circuit Court

Attn Civil

3315 Tamiami Trail E Suite #102

Naples, Fl 34112-5324

I have inserted some answers to your other questions below.

Please do not hesitate to contact me if may be of further assistance.

Darlene Muszynski

Assistant Director Civil

(239) 252-2706

darlene.muszynski@collierclerk.com

From: Lisa S. Price

Ms. Alyn,

I assure you I counted and recounted the pages which printed out prior to my first reply to ensure that the correct page count was provided. I printed the entire file as you requested and the 9 documents in the file totaling 63 pages is what printed out. I have attached a copy of the docket showing the number of pages for each of the 9 documents in the file as of the time of your request.

Lisa Price
Supervisor – Collier County Clerk of Court
239-252-2651

From: MuckRock

To Whom It May Concern:

Please find enclosed a check for $70.00 to satisfy the fee associated with the attached public records request.

Thank you.

From: Collier County Clerk of the Circuit Court

A cover letter granting the request and outlining any exempted materials, if any.

From: Collier County Clerk of the Circuit Court

A copy of documents responsive to the request.

From: Susan A.

To Whom It May Concern at the Collier County Court:

Thank you for sending the documents. I am writing to also ask a question.

I notice on page 55 of 63 pages you sent that the "Certificate of Service" -- required to be signed by "Dwight E. Brock, Clerk of Courts, By: Deputy Clerk" (certifying that a true and correct copy of the foregoing has been furnished to both attorneys Samuel Gold at a Naples PO Box, and to a James D. Fox -- an attorney not actually employed by the respondent school district) --
has actually been left:

blank in the date line;

and

blank in the Deputy Clerk signature line

Could you tell me why there is no signature and no date on this incomplete Certificate of Service document?

It seems like something was required to be served, but has not actually been served by Court Clerk Dwight Brock.

And I am wondering why Court Clerk Dwight Brock or his deputy clerk have as a reason for that -- especially since the two attorneys' addresses are included on this Certificate of Service.

Is it because Dwight Brock already knows Attorney James Fox does not actually represent the school district? And Samuel Gold should have been the one attorney serving the notice? (Instead of me, his client? Note I was actually forced to withdraw and serve my notice of withdrawal, after all my due process rights were violated; I did not ever "voluntarily" withdraw.)

Thank you.

Susan Alyn

PS For the record, I was correct; this was a violation of Sunshine Public Records laws by then school superintendent Dennis Thompson, who was not renewed because of three reasons by a new school boar majority, one of which was the "DARK CLOUD" he was under -- meaning, NO SUNSHINE.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 22, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Lisa S. Price

Ms. Alyn,

I believe the document you are referencing is the copy of the Order Dismissing Petition For Writ of Mandamus which had been mailed to Attorney Samuel Gold and returned to this office as undelivered mail and docketed as same. I have attached a copy of the original signed order and as you can see the certificate of service was completed and signed as required on that original document.

Lisa Price
Supervisor – Collier County Clerk of Court
239-252-2651

From: Susan A.

Dear Ms. Lisa Price, Collier County Court:

Thank you for your email. I appreciate you sending the two pages and explaining that.

However -- where did you obtain these two pages -- since these two pages were not included in the court file copy I received of ?
And, where will these two pages return to -- since these two pages are apparently not part of the court file?

In addition -- I realize this question may have nothing to do with your job duties, but I do not understand why the document you just sent to me, and why the online status of this matter, keeps referring to this civil complaint I filed as being "voluntarily" dismissed. There was
no "voluntary" action on my part with respect to this matter in terms of seeking a dismissal. I was forced -- repeat: forced -- to file a notice withdrawing, because no one in the court would comply with state law requiring a court date to IMMEDIATELY be assigned to this matter since it was a SUnshine Law Public Records Violation complaint. There is indeed such a FL law, stating when a complaint is filed in court alleging (and proving, as I did), a Sunshine Law violation, then, that complaint gets immediately heard in court.

But I could not get a court date out of Collier County Court.

I also could not access the court file at the court, and I tried twice, to see if there was proof of service of process of my complaint on the school district. The court clerks twice told me, on two separate days, "Your file is with the judge, so you can't have it now." I could not inspect it. I could not get the court clerks to make a copy of the file from their computer. I had no access to this court file. I was deprived of my constitutional rights to examine evidence.

I could not obtain proof of service from the Collier Sheriff either. That took just over SIX YEARS to obtain (I obtained it recently). Repeat: SIX YEARS.

At the time I withdrew from this civil complaint, I could not even get the attorney Sam Gold to return a phone call or email. That is why I had to withdraw without him or his signature.

So, without the signature of that attorney who was unavailable, without access to the court file, without any proof of service, and most of all, without a court date -- I was, thus, FORCED to withdraw.

There is no "voluntary" dismissal here.

Again, I realize this may not have anything to do with your job duty. But who is the one deciding this was "voluntary" when there was no such "voluntary" action on my part? Is it the judge? The court clerk? The typist who types these memors? The web tech person? I would like to know who is claiming this was "voluntary" on my part, again, if not you -- and I don't think it is you.

Thank you.

Susan Alyn

From: Susan A.

PS I notice "REC $18.50" is stamped on this document. I did not pay $18.50. Nor did Sam Gold, the attorney who would not return my calls or emails at this time.

In addition, a fee is charged for service of the complaint, and again, I did not pay that fee, nor was I ever asked to pay any such fee by anyone.

I did pay a fee to file this action. In a separate check, I did pay an attorney but I stopped payment when he, Sam Gold, failed to provide any proof of service of process of this complaint.

So, I do not know why the court is repeatedly stamping documents with a fee paid for service -- I did not pay any such, I was not asked by anyone to pay any such service fees, and the attorney Sam Gold to my knowledge never paid such, as he never informed me of the existence of such fees.

Consequently, who is paying these fees for service according to court records? It is not me and it is not attorney Sam Gold.

It seems to me: these are fake public records, showing fees paid, when no fees for service were ever demanded by anyone nor paid by anyone.

Finally, the court clerks' two failure to allow me to inspect and to obtain a certified copy of the court file were also Sunshine Law Public Records Violations, and these were of a criminal nature, in my vie , because this was deliberate, as it happened twice to me.

I realize your job title does not make you responsible for any of these matters, but it seems to me someone has provided you with a fake document showing an $18.50 fee paid when no such fee was collected from me nor paid by me nor by anyone I know.

From: Susan A.

Page 55 of this response to a public records request is blank, as already noted.

Consequently, this is an incomplete response.

In addition, the response is not accurate, because a fee of "$18.50" was never paid.

Thus, this response violates the public records "policy" of Court Clerk Dwight Brock as is stated below, because it is both "incomplete" and "inaccurate."

He claims on page 6 of his currently attached Feb 2015 "policy" on public records, which is a pdf online at the court site, the following:

that his department heads are responsible for ensuring that each public record or document "must be examined for accuracy, completeness..."

The text below is from:
https://www.collierclerk.com/faqs/faqs-continued

PUBLIC RECORDS REQUESTS

Is it possible to view or get copies of public/official records by making a public records request

Yes. It is the policy of the state of Florida that all state, county, and municipal records are open for personal inspection and copying by any person. Providing access to public records is a duty of each agency in accordance with Florida Statute 119. Public records requests apply to all court records as provided in the court rule 2.420 Public Access to Judicial Branch Records. Also, Florida Statute FS 286.011 governs public access to public meetings.

Collier County Clerk of Courts: Public Records Policy (pdf)

From: Susan A.

FL Statutes require an "accelerated hearing" for this complaint -- but no such hearing was ever scheduled by the court, in violation of the law.

The court also violated the law in 2009 by twice depriving me of access to the court file and never providing such to me at all until now, 2015, with MuckRock making a public request.

So, not only was I deprived of a hearing, but the court itself violated public records laws because: this court is corrupt.
-------------------

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0119/SEC11.HTM&Title=-%3E2009-%3ECh0119-%3ESection%2011#0119.11

The 2009 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 119
PUBLIC RECORDS

View Entire Chapter

119.11 Accelerated hearing; immediate compliance.--

(1) Whenever an action is filed to enforce the provisions of this chapter, the court shall set an immediate hearing, giving the case priority over other pending cases.

(2) Whenever a court orders an agency to open its records for inspection in accordance with this chapter, the agency shall comply with such order within 48 hours, unless otherwise provided by the court issuing such order, or unless the appellate court issues a stay order within such 48-hour period.

From: Marni Scuderi

This request has been fulfilled previously. If you are requesting different records, please clarify what records that you are requesting which you have not previously received.

Thank you,

Marni M.Scuderi

Marni M. Scuderi, Esquire

Staff Attorney & Public Records Coordinator
for Collier County Clerk of Courts
3315 Tamiami Trail East, Suite 102
Naples, Florida 34112-5324
(239) 252-2725

This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call us at 239-252-2725) and immediately delete this message and all its attachments.

From: Susan A.

As I previously noted:

Page 55 of this response to a public records request is blank, as already noted.

Consequently, this is an incomplete response.

In addition, the response is not accurate, because a fee of "$18.50" was never paid.

Thus, this response violates the public records "policy" of Court Clerk Dwight Brock as is stated below, because it is both "incomplete" and "inaccurate."

Consequently, the final status of this public records request can only be: "partially" complete.
------

(And, I was deprived of my constitutional right to a hearing required to be an accelerated hearing under FL statute -- didn't get any hearing, let alone an "accelerated" hearing. That is because the Collier Court is corrupt. Unless there is some other reason one can offer for being deprived of the due process right to be heard by the court.)

From: Susan A.

Here is the accelerated hearing statute, as of 2009, which applied to my complaint -- but my complaint did not result in an accelerated hearing by the court because the court violated the statute and my constitutional rights to a hearing and to be heard:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0119/SEC11.HTM&Title=-%3E2009-%3ECh0119-%3ESection%2011#0119.11

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 119
PUBLIC RECORDS

View Entire Chapter

119.11 Accelerated hearing; immediate compliance.--

(1) Whenever an action is filed to enforce the provisions of this chapter, the court shall set an immediate hearing, giving the case priority over other pending cases.

(2) Whenever a court orders an agency to open its records for inspection in accordance with this chapter, the agency shall comply with such order within 48 hours, unless otherwise provided by the court issuing such order, or unless the appellate court issues a stay order within such 48-hour period.

(3) A stay order shall not be issued unless the court determines that there is a substantial probability that opening the records for inspection will result in significant damage.

(4) Upon service of a complaint, counterclaim, or cross-claim in a civil action brought to enforce the provisions of this chapter, the custodian of the public record that is the subject matter of such civil action shall not transfer custody, alter, destroy, or otherwise dispose of the public record sought to be inspected and examined, notwithstanding the applicability of an exemption or the assertion that the requested record is not a public record subject to inspection and examination under s. 119.07(1), until the court directs otherwise. The person who has custody of such public record may, however, at any time permit inspection of the requested record as provided in s. 119.07(1) and other provisions of law.

History.--s. 5, ch. 75-225; s. 2, ch. 83-214; s. 6, ch. 84-298.

-------

And here is the same accelerated hearing requirement in the statute, in 2015 -- but it seems in Collier County Court, compliance with the statute is somehow optional:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0119/Sections/0119.11.html

The 2015 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 119
PUBLIC RECORDS

View Entire Chapter
119.11 Accelerated hearing; immediate compliance.—
(1) Whenever an action is filed to enforce the provisions of this chapter, the court shall set an immediate hearing, giving the case priority over other pending cases.
(2) Whenever a court orders an agency to open its records for inspection in accordance with this chapter, the agency shall comply with such order within 48 hours, unless otherwise provided by the court issuing such order, or unless the appellate court issues a stay order within such 48-hour period.
(3) A stay order shall not be issued unless the court determines that there is a substantial probability that opening the records for inspection will result in significant damage.
(4) Upon service of a complaint, counterclaim, or cross-claim in a civil action brought to enforce the provisions of this chapter, the custodian of the public record that is the subject matter of such civil action shall not transfer custody, alter, destroy, or otherwise dispose of the public record sought to be inspected and examined, notwithstanding the applicability of an exemption or the assertion that the requested record is not a public record subject to inspection and examination under s. 119.07(1), until the court directs otherwise. The person who has custody of such public record may, however, at any time permit inspection of the requested record as provided in s. 119.07(1) and other provisions of law.
History.—s. 5, ch. 75-225; s. 2, ch. 83-214; s. 6, ch. 84-298.

From: Marni Scuderi

This request has been fulfilled previously. If you are requesting different records, please clarify what records that you are requesting which you have not previously received.

Marni M.Scuderi

Marni M. Scuderi, Esquire

Staff Attorney & Public Records Coordinator
for Collier County Clerk of Courts
3315 Tamiami Trail East, Suite 102
Naples, Florida 34112-5324
(239) 252-2725

This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call us at 239-252-2725) and immediately delete this message and all its attachments.

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