Collier Court Judge Pivacek's Court Calendar from April 1, 2009-Aug 1, 2009

Susan A. filed this request with the Collier Court Judge Cynthia A. Pivacek of Collier County, FL.

It is a clone of this request.

Est. Completion None
Status
No Responsive Documents

Communications

From: Marni Scuderi

The Clerk’s Office has no responsive records to your request for records pertaining to Court Administration and Judge Pivacek’s office.

Marni M.Scuderi

Marni M. Scuderi, Esquire

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.

I believe if this request goes directly to the judge she will be able to provide the public records. Sorry it went to you. I will ask MuckRock to re-route it to the judge.

From: MuckRock

Hello Ms. Scuderi,

Would you be so kind as to provide the appropriate contact information for Judge Pivacek or the appropriate party to which this request should be sent?

Thank you.

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 archived court calendar of Collier County Court Clerk Judge Cynthia A. Pivacek, from the dates April 1, 2009 to August 1, 2009, showing what cases were scheduled by the court to be heard by Judge Pivacacek during this four-month time period.

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Although I am not required to do so, I am explaining herein why I am making this public records request: I am trying to determine if the Collier Court ever complied with the Florida law requiring an accelerated hearing take place when a Sunshine Public Records complaint is filed in the court, as I don't believe the court complied, and I believe the court personnel violated this law.

I had filed such a Sunshine Public Records complaint against a school superintendent for having no public records personnel file released in response to my public records request to the school district (and I was correct that he was in violation), and I later filed a complaint with the court; yet, the court never scheduled any "accelerated hearing" required by FL statute. In short, I had no day in court, no access to the court, and was not heard, despite my complaint being timely, fully evidenced, and correct, that this school superintendent was in violation of Sunshine law.

The FL law is stated as follows:

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

FL STATUTE: Chapter 119 Public Records

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. ...

My complaint is identified as follows:

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 ".

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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: Susan A.

Hello -
We have made several attempts to send the following to the office of Collier County Court Clerk Judge Cynthia A. Pivacek, and received several notifications of failed faxes. Are you the correct recipient, and if not, could you provide an email for Judge Pivacek so we can send it her directly? Thank you.

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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 archived court calendar of Collier County Court Clerk Judge Cynthia A. Pivacek, from the dates April 1, 2009 to August 1, 2009, showing what cases were scheduled by the court to be heard by Judge Pivacacek during this four-month time period.

-------------------------------------------------------------------------------------
Although I am not required to do so, I am explaining herein why I am making this public records request: I am trying to determine if the Collier Court ever complied with the Florida law requiring an accelerated hearing take place when a Sunshine Public Records complaint is filed in the court, as I don't believe the court complied, and I believe the court personnel violated this law.

I had filed such a Sunshine Public Records complaint against a school superintendent for having no public records personnel file released in response to my public records request to the school district (and I was correct that he was in violation), and I later filed a complaint with the court; yet, the court never scheduled any "accelerated hearing" required by FL statute. In short, I had no day in court, no access to the court, and was not heard, despite my complaint being timely, fully evidenced, and correct, that this school superintendent was in violation of Sunshine law.

The FL law is stated as follows:

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

FL STATUTE: Chapter 119 Public Records

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. ...

My complaint is identified as follows:

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: Susan A.

To Muckrock: This is the contact information online for Judge Pivacek:

http://www.ca.cjis20.org/home/collier/colljudge.asp?Judge=pivacek

Assignment

Circuit Judge
Division

Collier County
• General Civil (Including Foreclosure} 33%
Judicial Assistant
Name: Jeannine
Phone: (239) 252-2783
Mailing Address

Collier County Government Complex
3315 Tamiami Trail East, Suite 204
Naples, FL 34112

View My Court Schedule

View My Foreclosure Schedule
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If phoning her judicial assistant at the above phone number does not result in a fax number or email address for this judge, perhaps you could email the 20th Circuit Court Administrator Charles Rice:


Charles Rice
Administrative Services Manager
Court Administration
Collier County Government Complex
Phone: (239) 252-8800

charlesr@ca.cjis20.org
http://www.ca.cjis20.org/home/collier/colldir.asp?Display=

From: Miles, Sara

Good Afternoon,

The Administrative Office of the Courts has no responsive records to your request for Judge Pivacek’s archived court calendar for the dates of April 1, 2009 to August 1, 2009.

Sara Miles
Public Information Officer

From: Susan A.

I am wondering why that is. I guess I will have to look up or find out the retention schedule on court calendars of judges.

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