Emails between Mike Foley and Hulk Hogan Litigation Team

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:

1. Copies of all emails, and copies of file attachments to those emails, exchanged between a University of Florida faculty member named Mike Foley and the following individuals:

— Charles J. Harder, who is an attorney based in Beverly Hills, California who provides legal counsel to an individual named Terry Bollea (also known as Hulk Hogan).

— Gregg Thomas, who is an attorney based in Tampa, Florida who provides legal counsel to an individual named Terry Bollea (also known as Hulk Hogan).

— Sarah Luppen, who is a colleague of Charles J. Harder, the aforementioned attorney based in Beverly Hills, and assisted with legal counsel to Harder’s client, Terry Bollea (also known as Hulk Hogan).

2. Copies of all emails, and copies of files attachments to those emails, exchanged between two University of Florida faculty members, Mike Foley and Clay Calvert, regarding the possibility of Foley providing expert opinion and/or testimony for ongoing litigation being handled by Harder, Thomas, and/or Luppen for their client Terry Bollea (also known as Hulk Hogan).

Please limit the requested records to those dated between January 1 2014 and March 9 2016.

For reference, Mike Foley’s faculty biography can be found here:

https://www.jou.ufl.edu/faculty/facultydetail.asp?id=mfoley

Clay Calvert’s faculty biography can be found here:

https://www.jou.ufl.edu/faculty/facultydetail.asp?id=ccalvert

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 there are fees, 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,

J.K. Trotter

Hi Janine,

Thank you for your email regarding my Sunshine Law request for emails between Professor Mike Foley and several outside attorneys, as well as emails between Foley and his colleague, Clay Calvert.

I would like to dispute your assertion, however, that my request “relates to private activities outside of Dr. Foley's university responsibilities as a faculty member” and therefore “are not subject to Florida public records law.”

This is demonstrably untrue. The attorneys I named in my request (along with Professor Calvert) were in contact with Foley in the first place because Foley is a professor of journalism at the University of Florida and because those attorneys wanted a person of Foley’s stature and title—that is, a professor of journalism in the State of Florida—to testify in court to support their case in litigation.

Recent media reports make clear the central reason Foley had been contacted to testify was his position at the University of Florida, a position paid for with public funds:

www.capitalnewyork.com/article/media/2015/06/8570437/hulk-hogan-paying-journalism-expert-350-hour

http://www.capitalnewyork.com/article/media/2016/03/8593341/journalism-group-responds-invocation-its-ethics-code-hogan-v-gawker

http://observer.com/2016/03/gawker-lawyer-grills-journalism-prof-over-ethics-of-hulk-hogan-case/

http://www.hollywoodreporter.com/thr-esq/at-hulk-hogan-sex-tape-874174

Your office’s suggestion that Foley’s correspondence with the attorneys and Calvert were “private activities” that fell outside the scope of his “responsibilities as a faculty member” suggests the correspondence pertained to issues that a court would recognize as within the domain of Foley’s private life (e.g., his family or medical records). But the above media reports clearly demonstrate that he was initially contacted because of his position at the University of Florida,, and appeared in public to testify in his capacity as a University of Florida professor who teaches journalism—not as a private individual. As such, that correspondence falls within the scope of a public records request.

I kindly ask that you reconsider your determination of the Sunshine Law’s applicability for my request.

Thank you, sincerely,
J.K. Trotter

Hello,

I am following up on the email below, dated March 11 2016. Does your office anticipate responding this week?

Thanks,
Keenan

Original email:

Hi Janine,

Thank you for your email regarding my Sunshine Law request for emails between Professor Mike Foley and several outside attorneys, as well as emails between Foley and his colleague, Clay Calvert.

I would like to dispute your assertion, however, that my request “relates to private activities outside of Dr. Foley's university responsibilities as a faculty member” and therefore “are not subject to Florida public records law.”

This is demonstrably untrue. The attorneys I named in my request (along with Professor Calvert) were in contact with Foley in the first place because Foley is a professor of journalism at the University of Florida and because those attorneys wanted a person of Foley’s stature and title—that is, a professor of journalism in the State of Florida—to testify in court to support their case in litigation.

Recent media reports make clear the central reason Foley had been contacted to testify was his position at the University of Florida, a position paid for with public funds:

www.capitalnewyork.com/article/media/2015/06/8570437/hulk-hogan-paying-journalism-expert-350-hour

http://www.capitalnewyork.com/article/media/2016/03/8593341/journalism-group-responds-invocation-its-ethics-code-hogan-v-gawker

http://observer.com/2016/03/gawker-lawyer-grills-journalism-prof-over-ethics-of-hulk-hogan-case/

http://www.hollywoodreporter.com/thr-esq/at-hulk-hogan-sex-tape-874174

Your office’s suggestion that Foley’s correspondence with the attorneys and Calvert were “private activities” that fell outside the scope of his “responsibilities as a faculty member” suggests the correspondence pertained to issues that a court would recognize as within the domain of Foley’s private life (e.g., his family or medical records). But the above media reports clearly demonstrate that he was initially contacted because of his position at the University of Florida,, and appeared in public to testify in his capacity as a University of Florida professor who teaches journalism—not as a private individual. As such, that correspondence falls within the scope of a public records request.

I kindly ask that you reconsider your determination of the Sunshine Law’s applicability for my request.

Thank you, sincerely,
J.K. Trotter

Hi Janine,

I would like to formally appeal your determination regarding my Sunshine Law request for emails sent and received by University of Florida professor Mike Foley.

Is there a specific appellate authority to whom I should direct my appeal? Or does an appeal require filing a lawsuit?

Thanks,
J.K. Trotter