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CONFIDENTIAL
EXHIBIT 40-Cto the
JOINT OPPOSITION OF THE GAWKER DEFENDANTS AND THEIRCOUNSEL TO PLAINTIFF’S EMERGENCY MOTION TO CONDUCT
DISCOVERY CONCERNING POTENTIAL VIOLATION OFPROTECTIVE ORDER, TO COMPEL TURNOVER OF CONFIDENTIAL
DISCOVERY MATERIALS AND FOR ORDER TO SHOW CAUSE
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CONFIDENTIAL
EXHIBIT 41-Cto theJOINT OPPOSITION OF THE GAWKER DEFENDANTS AND THEIRCOUNSEL TO PLAINTIFF’S EMERGENCY MOTION TO CONDUCT
DISCOVERY CONCERNING POTENTIAL VIOLATION OFPROTECTIVE ORDER, TO COMPEL TURNOVER OF CONFIDENTIAL
DISCOVERY MATERIALS AND FOR ORDER TO SHOW CAUSE
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BOLLEA 001
CONFIDENTIAL-ATTORNEY'S EYES ONLY
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CONFIDENTIAL
EXHIBIT 42-Cto theJOINT OPPOSITION OF THE GAWKER DEFENDANTS AND THEIRCOUNSEL TO PLAINTIFF’S EMERGENCY MOTION TO CONDUCT
DISCOVERY CONCERNING POTENTIAL VIOLATION OFPROTECTIVE ORDER, TO COMPEL TURNOVER OF CONFIDENTIAL
DISCOVERY MATERIALS AND FOR ORDER TO SHOW CAUSE
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CONFIDENTIAL – FILED UNDER SEAL
SEALED APPENDIX TAB 20
(referred to as “Confidential Filing 17”during the October 1, 2015 Hearing)
DOCUMENT: The Gawker Defendants’ ConfidentialSupplemental Opposition to Plaintiff’s EmergencyMotion to Conduct Discovery Concerning PotentialViolations of Protective Order, to Compel Turnoverof Confidential Discovery Materials and For Order
to Show Cause, and Exhibits 1, 2, 4, 7, 8 and 9thereto, filed on August 25, 2015
ORDER: NOVEMBER 18, 2015 AMENDED ORDER*
PARAGRAPH: 10.D(15)
*These documents also were sealed under Paragraph 8.D(15) of the October27, 2015 Order.
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IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUITIN AND FOR PINELLAS COUNTY, FLORIDA
TERRY GENE BOLLEA professionallyknown as HULK HOGAN,
Plaintiff,vs.
HEATHER CLEM, et al. ,
Defendants. ______________________________________/
Case No. 12012447CI-011
CONFIDENTIAL SUPPLEMENTAL OPPOSITION TO PLAINTIFF’S EMERGENCYMOTION TO CONDUCT DISCOVERY CONCERNING POTENTIAL VIOLATION OF
PROTECTIVE ORDER, TO COMPEL TURNOVER OF CONFIDENTIALDISCOVERY MATERIALS AND FOR ORDER TO SHOW CAUSE
Undersigned counsel respectfully file this confidential supplemental opposition on behalf
of their clients – Gawker Media, LLC, Nick Denton, A.J. Daulerio (collectively, “Gawker”) –
and on behalf of themselves in order to bring to this Court’s attention newly discovered facts that
bear on the adjudication of Plaintiff’s Motion.
As explained below, documents produced by the FBI in the FOIA action since Gawker
and their counsel submitted their original opposition reveal additional facts that further
underscore why the Motion should be denied in its entirety. Because those documents are
provisionally designated as “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” (pending
plaintiff’s review and designation and pending further challenge by Gawker), they are described
in this confidential filing.
Specifically, documents produced by the FBI on August 17, 2015 indicate that, in
November 2012, after the video excerpts at issue in this case were published, Bubba the Love
Sponge Clem made complaints to the FBI about a group of people who were threatening to
release additional sex tape footage. Because the FBI redacted the names of any individuals who
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did not sign privacy waivers, the names of the complaining parties have been redacted. Still, the
documents make clear that the complaints have to do with threats directed toward Mr. Clem. 1
A. Official FBI Statement of Mr. Clem
The FBI produced a Form FD-302 documenting a statement to the FBI interview by the
person principally complaining about the alleged threats. From the context, that person was
obviously Mr. Clem. For example, the FBI’s official statement identified him as someone with a
“radio show” that was at one time broadcast on “Sirius Radio.” Conf. Ex. 1-C at 1-2. According
to the statement, the FBI asked him “to explain his role in the filming and producing of the sex
tapes between his [redacted, presumably “wife”] HEATHER COLE (formerly CLEM) andTERRY BOLLEA, aka HULK HOGAN.” Id. at 1. In response, he stated that “COLE wanted to
sleep with BOLLEA while they were married and further advised COLE was into sleeping with
other men and taping the act.” Id. That same summary describes him as having stated “that he,
COLE and BOLLEA all knew that they were being filmed. . . . The camera was not concealed;
rather it was a security type camera in the room which fed to the master security unit.” Id. at 2.
He “again advised that the camera was obvious and everyone knew about the filming.” Id.
B. Official FBI Statement of Stephen Diaco, Mr. Clem’s Counsel
The FBI documents also contain another Form FD-302 documenting a statement to the
FBI by another person who accompanied Mr. Clem and who made similar complaints on his own
behalf to the Bureau. From the context, that person is obviously Stephen Diaco, Esq., widely
known to be one of Mr. Clem’s lawyers. Specifically, that official statement describes an
incident that occurred on “September 28, 2012” in which this person “and two other associates
1 Although the FBI has redacted the identities, Gawker currently has pending before thefederal court a request to provide unredacted versions of the documents produced. We have
provided the redacted versions now so that they are submitted promptly to the Court. Ifunredacted versions are ordered produced, we will submit them upon receipt.
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went” to an office in “St. Petersburg” for the purpose of asking someone employed there “to stop
posting threatening and intimidating messages on the internet.” Conf. Ex. 2-C at 1. According
to his statement to the FBI, the person confronted at his office later “created an entry on his
blog” that contained “information regarding the confrontation.” Id. The FBI’s latest document
production includes a blog post in which the author describes being “paid a visit by Bubba the
Love Sponge’s attorney and friend Stephen Diaco” at his “office in Saint Petersburg” on
September 28, 2012, and being confronted about alleged threats directed at Mr. Clem. Conf.
Ex. 3-C.
C. Mr. Clem’s Complaints Include Threats by the “Sixers” to ReleaseAdditional Sex Tape Footage
Mr. Clem’s complaints focused on a group of six people calling themselves the “sixers,”
whom Mr. Clem claimed were “harassing and threatening” him online. See Conf. Ex. 4-C. Mr.
Clem’s concerns about threats and harassment from his online critics have been well
documented. See, e.g. , Conf. Ex. 5-C (Nov. 23, 2013 Tampa Bay Times article describing Mr.
Clem’s complaints to law enforcement about those critics); Conf. Ex. 6 (Dec. 13, 2012 blog post
from one such critic referring to the “drama surrounding Bubba and the Sixers”). 2
D. Evidence that People Other than Gawker and Its Counsel Had Access to theFootage At Issue
As relevant here, the newly-produced FBI documents reveal that, among the threats Mr.
Clem faced were threats to release additional sex tape footage. For instance, on October 21,
2012, one of the members of this group apparently tweeted the following at Mr. Clem: “Tell you
a little secret. Depending on how tomorrow’s show goes down, you might get to hear about
2 Although published news reports are obviously not confidential, filing them publiclymight arguably reveal the substance of the confidential FBI documents discussed herein.Accordingly, we have filed them confidentially as well, while preserving our ability to challengethose designations.
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another sex tape.” Conf. Ex. 7-C; see also Conf. Ex. 8-C (timeline summarizing various
threatening communications). The next day, someone apparently tweeted a photograph of a
DVD at Mr. Clem, along with this message: “[Redacted] you want to tell you[r] public
audience you have more tapes or shall I? @TMZ.” Conf. Ex. 9-C (referencing TMZ, which
shortly before this tweet was sent had reported that it had seen a copy of another sex tape, which
turns out to have been the one with the racist language on it); see also Joint Opp. Ex. 17 at 1:50 –
2:15 (TMZ conceding it had been provided with and seen a copy of that footage). Mr. Clem and
his counsel apparently found these tweets concerning enough, at least in the context of the other
threats he had received, to bring them to the attention of the FBI.Mr. Clem and/or Mr. Diaco also prepared and provided to the FBI a timeline of events
related to his complaints concerning the threats and harassment he had received; as reflected
therein, it was centered around the possible disclosure of additional sex tape footage. See Conf.
Ex. 8-C. Thus, taken together, these documents reveal a group of six people who appear to have
had access to additional sex tapes and who threatened Mr. Clem with further release in a manner
that he and his counsel thought was serious enough to warrant involving the FBI.
In bringing this to the Court’s attention, neither Gawker nor its counsel intends to suggest
that this group of people was necessarily responsible for providing information to the National
Enquirer about Bollea’s racist and homophobic statements on one of the sex tapes. All Gawker
and its counsel know for certain about who provided that information is that it was not them.
The point in bringing this additional information to the Court’s attention is to underscore that, in
addition to the numerous other people identified in the Joint Opposition, there are even more
people, unconnected to this litigation, who knew about these additional tapes, had previously
threatened to release them, and, unlike Gawker and its counsel, actually had access to them.
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August 25, 2015 Respectfully submitted,
THOMAS & LOCICERO PL
By: /s/ Gregg D. ThomasGregg D. Thomas
Florida Bar No.: 223913Rachel E. FugateFlorida Bar No.: 0144029
601 South Boulevard P.O. Box 2602 (33601)Tampa, FL 33606Telephone: (813) 984-3060Facsimile: (813) [email protected]@tlolawfirm.com
Seth D. BerlinPro Hac Vice Number: 103440Michael D. SullivanPro Hac Vice Number: 53347Michael BerryPro Hac Vice Number: 108191Alia L. SmithPro Hac Vice Number: 104249Paul J. Safier Pro Hac Vice Number: 103437LEVINE SULLIVAN KOCH & SCHULZ, LLP1899 L Street, NW, Suite 200
Washington, DC 20036Telephone: (202) 508-1122Facsimile: (202) [email protected]@[email protected]@lskslaw.com
Attorneys for Defendants Gawker Media, LLC, Nick Denton and A.J. Daulerio and Their
Counsel
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 25th day of August 2015, I caused a true and correct
copy of the foregoing to be served via the Florida Courts’ E-Filing Portal upon the following
counsel of record:
Kenneth G. Turkel, Esq. David Houston, [email protected] Law Office of David HoustonShane B. Vogt, Esq. [email protected]@BajoCuva.com 432 Court StreetBajo Cuva Cohen & Turkel, P.A. Reno, NV 89501100 N. Tampa Street, Suite 1900 Tel: (775) 786-4188Tampa, FL 33602Tel: (813) 443-2199
Fax: (813) 443-2193Charles J. Harder, [email protected] E. Mirell, [email protected] McGrath, Esq.
[email protected] Mirell & Abrams LLP132 South Rodeo Drive, Suite 301Beverly Hills, CA 90212-2406Tel: (424) 203-1600Fax: (424) 203-1601
Attorneys for Plaintiff
/s/ Gregg D. ThomasAttorney
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EXHIBIT 1-Cto the
CONFIDENTIAL SUPPLEMENTAL OPPOSITION TOPLAINTIFF’S EMERGENCY MOTION TO CONDUCTDISCOVERY CONCERNING POTENTIAL VIOLATION OF
PROTECTIVE ORDER, TO COMPEL TURNOVER OFCONFIDENTIAL DISCOVERY MATERIALS AND FOR ORDER
TO SHOW CAUSE
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EXHIBIT 2-Cto the
CONFIDENTIAL SUPPLEMENTAL OPPOSITION TOPLAINTIFF’S EMERGENCY MOTION TO CONDUCTDISCOVERY CONCERNING POTENTIAL VIOLATION OF
PROTECTIVE ORDER, TO COMPEL TURNOVER OFCONFIDENTIAL DISCOVERY MATERIALS AND FOR ORDER
TO SHOW CAUSE
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EXHIBIT 4-Cto the
CONFIDENTIAL SUPPLEMENTAL OPPOSITION TOPLAINTIFF’S EMERGENCY MOTION TO CONDUCTDISCOVERY CONCERNING POTENTIAL VIOLATION OF
PROTECTIVE ORDER, TO COMPEL TURNOVER OFCONFIDENTIAL DISCOVERY MATERIALS AND FOR ORDER
TO SHOW CAUSE
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EXHIBIT 7-Cto the
CONFIDENTIAL SUPPLEMENTAL OPPOSITION TOPLAINTIFF’S EMERGENCY MOTION TO CONDUCTDISCOVERY CONCERNING POTENTIAL VIOLATION OF
PROTECTIVE ORDER, TO COMPEL TURNOVER OFCONFIDENTIAL DISCOVERY MATERIALS AND FOR ORDER
TO SHOW CAUSE
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EXHIBIT 8-Cto the
CONFIDENTIAL SUPPLEMENTAL OPPOSITION TOPLAINTIFF’S EMERGENCY MOTION TO CONDUCTDISCOVERY CONCERNING POTENTIAL VIOLATION OF
PROTECTIVE ORDER, TO COMPEL TURNOVER OFCONFIDENTIAL DISCOVERY MATERIALS AND FOR ORDER
TO SHOW CAUSE
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EXHIBIT 9-Cto the
CONFIDENTIAL SUPPLEMENTAL OPPOSITION TOPLAINTIFF’S EMERGENCY MOTION TO CONDUCTDISCOVERY CONCERNING POTENTIAL VIOLATION OF
PROTECTIVE ORDER, TO COMPEL TURNOVER OFCONFIDENTIAL DISCOVERY MATERIALS AND FOR ORDER
TO SHOW CAUSE
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CONFIDENTIAL – FILED UNDER SEAL
SEALED APPENDIX TAB 21
DOCUMENT: Transcript of the portion of the hearing held beforethe trial court on April 23, 2014, which wascontained in Confidential Exhibit 2-C of theGawker defendants’ motion to determine theconfidentiality of transcripts of closed court
proceedings
ORDER: NOVEMBER 18, 2015 AMENDED ORDER*
PARAGRAPH: 10.F(1)
*This document also was sealed under Paragraph 8.F(1) of the October 27,2015 Order.
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CONFIDENTIAL
EXHIBIT 2-Cto theGAWKER DEFENDANTS’ MOTION
TO DETERMINE CONFIDENTIALITY OFTRANSCRIPTS OF CLOSED COURT PROCEEDINGS
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1
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA
TERRY GENE BOLLEA professionally known as HULK HOGAN,
Plaintiff,
vs. Case No. 12012447 CI-011
HEATHER CLEM; GAWKER MEDIA, LLC a/k/a GAWKER MEDIA, et al.,
Defendants. /
TRANSCRIPT OF: CONFIDENTIAL PROCEEDINGS BEFORE: Honorable Pamela A.M. Campbell
DATE: April 23, 2014
TIME: 3:20 p.m.
PLACE: Pinellas County Courthouse 545 First Avenue North Room 300 St. Petersburg, Florida
REPORTED BY: Natalie W. Breaux, RPR, CRR Notary Public State of Florida at Large
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APPEARANCES:
KENNETH G. TURKEL, ESQUIRE Bajo Cuva Cohen & Turkel, P.A. 100 North Tampa Street Suite 1900
Tampa, Florida 33602 - and - CHARLES J. HARDER, ESQUIRE Harder Mirell & Abrams LLP 1801 Avenue of the Stars Suite 1120 Los Angeles, California 90057 Appeared for Plaintiff;
SETH D. BERLIN, ESQUIRE Levine Sullivan Koch & Schulz, LLP 1899 L Street Northwest Suite 200 Washington, DC 20036 - and -
PAUL J. SAFIER, ESQUIRE Levine Sullivan Koch & Schulz, LLP 1760 Market Street Suite 1001 Philadelphia, Pennsylvania 19103 - and - GREGG D. THOMAS, ESQUIRE Thomas & LoCicero PL 601 South Boulevard Tampa, Florida 33606 Appeared for Defendants Gawker Media, LLC, Nick Denton, A.J. Daulerio and for specially appearing Defendant Blogwire Hungary Szellemi Alkotast Hasznosito, KFT (now known as Kinja, KFT).
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1 The transcript of confidential
2 proceedings, before Honorable Pamela A.M. Campbell,
3 beginning at 1:30 p.m., taken on the 23rd day of
4 April, 2014, at 545 First Avenue North, Room 300,
5 St. Petersburg, Florida, reported by Natalie W.
6 Breaux, Registered Professional Reporter, Certified
7 Realtime Reporter, and Notary Public in and for the
8 State of Florida at Large.
9 * * * * * *
10 MR. HARDER: It was an extortion attempt
11 where somebody who had the video or a video
12 wanted Mr. Bollea to pay them off, and so he
13 reported this to the FBI, and the FBI --
14 THE COURT: This is the same tape?
15 MR. HARDER: I don't know if it's the16 same tape.
17 THE COURT: Same time frame?
18 MR. HARDER: It's the same time frame.
19 MR. BERLIN: It's the same time frame
20 about an extortion, but it's a Sex Tape.
21 MR. HARDER: If I could just finish.
22 MR. BERLIN: I'm sorry. I thought you
23 were.
24 MR. HARDER: I wasn't. So he reported
25 it to the FBI. The FBI wanted to have a sting
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4
1 operation, and they set up a sting operation,
2 and there was an attorney from California
3 named Davidson and a person called Mr. X. And
4 Mr. X was supposed to show up with Mr.
5 Davidson. Well, Mr. X -- we didn't know the
6 identity of the person -- instead sent an
7 intermediary and Mr. Davidson, and there was
8 exchanges of information, there was a dummy
9 check for $150,000. And at the right moment,
10 the FBI had numerous officers go from one room
11 of the hotel into the room that Mr. Bollea and
12 Mr. Houston were in and made arrests at that
13 time.
14 The AUSA sent a letter to Mr. Berlin
15 saying that Gawker is not in any way being16 investigated and it seems like they're at the
17 end of the line in terms of the investigation
18 and there is not going to be a prosecution.
19 But these are documents that pertain to Mr. X
20 and his attorney Davidson, and there was an
21 intermediary who was present instead of Mr. X.
22 And so these communications are communications
23 between Mr. Houston and the FBI and the AUSA
24 pertaining to this investigation. I think
25 that if you look at this you'll see that it
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5
1 has nothing to do with Gawker.
2 THE COURT: But I think it still has
3 something to do with the tape.
4 MR. BERLIN: Your Honor, you asked us
5 earlier in today's hearing if we knew the
6 source of the tape, and I answered candidly,
7 which I wasn't -- I don't know. This obviously
8 seems like a useful piece of information for
9 both sides in the case about this -- you know,
10 in this hundred-million-dollar dispute to have
11 access to it so we can figure out if that's the
12 person who gave it to us and if that has
13 something to do with the case, meanwhile,
14 especially in a claim where they're otherwise
15 asserting that we got it from Heather Clem.16 THE COURT: You have other confidential
17 orders in regard to this particular case.
18 Right?
19 MR. BERLIN: We have other confidential
20 -- we have a confidentiality order in place,
21 and we've produced stuff in the confidence back
22 and forth. And notwithstanding Mr. Harder's,
23 you know, criticism of Gawker, Gawker has not
24 published anything and -- that it's gotten in
25 discovery in this case, not one thing.
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6
1 THE COURT: You even included that in
2 your papers. See, I do read them. So I think
3 that they are relevant, so I'm not going to
4 say that they're not relevant. I think they
5 are relevant because that's one of the
6 critical aspects I think of the case or at
7 least in resolving the case, is how did Gawker
8 get it and how did this all come about. So
9 I'm going to order that it be discovered but
10 that it be part of the confidentiality
11 agreement between the parties.
12 MR. BERLIN: They can certainly mark it
13 confidential and we will respect that.
14 MR. HARDER: I would request that Gawker
15 -- it be an attorneys' eyes only designation so16 that Gawker itself doesn't get these documents,
17 because it can post them.
18 THE COURT: If it posted them, what do
19 you think I'm going to do with that?
20 MR. BERLIN: I think we're going to be
21 in hot water.
22 MR. HARDER: I don't know what you're
23 going to do with it, but they'll take it to
24 the Court of Appeal and they'll say it's
25 newsworthy.
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1 THE COURT: I don't think so.
2 MR. BERLIN: I will say on the record
3 that there was no First Amendment right to
4 publish things that you got in discovery.
5 There is a U.S. Supreme Court case on that
6 called Seattle Times versus Rhinehart, and we
7 filed it. So we understand it.
8 But, Your Honor, what I'd like to do is
9 to get a -- I'd like to be not in a position
10 where my client -- my direct client is a lawyer
11 in the law department, is the general counsel
12 for Gawker, and I would like them to be
13 included in the attorneys' eyes only. We don't
14 share anything on this case with anybody else
15 at Gawker, precisely for the reason that if16 it's protected by a confidentiality order --
17 THE COURT: You're in trouble.
18 MR. BERLIN: -- they might do something.
19 No, but they as a client could get it, but we
20 don't do that. So I would like -- if she is
21 included in that, that would be fine. But I
22 would otherwise respect that.
23 THE COURT: I'm fine with that.
24 MR. HARDER: Okay.
25 THE COURT: Thank you.
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1 MR. BERLIN: And you would like us to --
2 THE COURT: So he gets two of those.
3 Those are your envelopes to take back. The
4 remainder of the people that aren't here, I'm
5 going to mail them.
6 MR. BERLIN: Okay. So just --
7 THE COURT: They get two of those.
8 MR. BERLIN: They get two and I have the
9 others. Thank you, Your Honor.
10 THE COURT: Great. Thank you.
11 (End of confidential proceedings.)
12
13
14
1516
17
18
19
20
21
22
23
24
25
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CERTIFICATE OF REPORTER
STATE OF FLORIDA:COUNTY OF HILLSBOROUGH:
I, Natalie W. Breaux, Notary Public in andfor the State of Florida at Large, do hereby certifythat I reported in shorthand the foregoingproceedings at the time and place therein designated;that the witness herein was duly sworn by me; that myshorthand notes were thereafter reduced totypewriting under my supervision; and that theforegoing pages are a true and correct, verbatimrecord of the aforesaid proceedings. Witness my hand and seal April 25, 2014, inthe city of Tampa, County of Hillsborough, State ofFlorida.
Natalie W. Breaux Notary Public State of Florida at Large
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CONFIDENTIAL – FILED UNDER SEAL
SEALED APPENDIX TAB 22
DOCUMENT: Transcript of the hearing held before the SpecialDiscovery Magistrate on July 18, 2014, which wascontained in Confidential Exhibit 3-C of theGawker defendants’ motion to determine theconfidentiality of transcripts of closed court
proceedings
ORDER: NOVEMBER 18, 2015 AMENDED ORDER*
PARAGRAPH: 10.F(2)
*This document also was sealed under Paragraph 8.F(2) of the October 27,2015 Order.
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CONFIDENTIAL
EXHIBIT 3-Cto the
GAWKER DEFENDANTS’ MOTIONTO DETERMINE CONFIDENTIALITY OF
TRANSCRIPTS OF CLOSED COURT PROCEEDINGS
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CONFIDENTIAL – FILED UNDER SEAL
SEALED APPENDIX TAB 23
(referred to as “Confidential Filing 16”during the October 1, 2015 Hearing)
DOCUMENT: Exhibits 3-C, 5-C, and 8-C to the Motion for anOrder Declaring that Plaintiff Has ImproperlyDesignated Certain Discovery Materials as“Attorneys’ Eyes Only,” filed on August 20, 2015
ORDER: NOVEMBER 18, 2015 ORDER ON MOTION TODETERMINE CONFIDENTIALITY
PARAGRAPH: 3
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CONFIDENTIAL
EXHIBIT 3-Cto the
MOTION FOR AN ORDER DECLARING THATPLAINTIFF HAS IMPROPERLY DESIGNATED CERTAIN
DISCOVERY MATERIALS AS “ATTORNEYS’ EYES ONLY”
Filing # 31131053 E-Filed 08/20/2015 04:19:56 PM
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1
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA
TERRY GENE BOLLEA professionally known as HULK HOGAN,
Plaintiff,
vs. Case No. 12012447 CI-011
HEATHER CLEM; GAWKER MEDIA, LLC a/k/a GAWKER MEDIA, et al.,
Defendants. /
TRANSCRIPT OF: CONFIDENTIAL PROCEEDINGS BEFORE: Honorable Pamela A.M. Campbell
DATE: April 23, 2014
TIME: 3:20 p.m.
PLACE: Pinellas County Courthouse 545 First Avenue North Room 300 St. Petersburg, Florida
REPORTED BY: Natalie W. Breaux, RPR, CRR Notary Public State of Florida at Large
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2
APPEARANCES:
KENNETH G. TURKEL, ESQUIRE Bajo Cuva Cohen & Turkel, P.A. 100 North Tampa Street Suite 1900
Tampa, Florida 33602 - and - CHARLES J. HARDER, ESQUIRE Harder Mirell & Abrams LLP 1801 Avenue of the Stars Suite 1120 Los Angeles, California 90057 Appeared for Plaintiff;
SETH D. BERLIN, ESQUIRE Levine Sullivan Koch & Schulz, LLP 1899 L Street Northwest Suite 200 Washington, DC 20036 - and -
PAUL J. SAFIER, ESQUIRE Levine Sullivan Koch & Schulz, LLP 1760 Market Street Suite 1001 Philadelphia, Pennsylvania 19103 - and - GREGG D. THOMAS, ESQUIRE Thomas & LoCicero PL 601 South Boulevard Tampa, Florida 33606 Appeared for Defendants Gawker Media, LLC, Nick Denton, A.J. Daulerio and for specially appearing Defendant Blogwire Hungary Szellemi Alkotast Hasznosito, KFT (now known as Kinja, KFT).
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3
1 The transcript of confidential
2 proceedings, before Honorable Pamela A.M. Campbell,
3 beginning at 1:30 p.m., taken on the 23rd day of
4 April, 2014, at 545 First Avenue North, Room 300,
5 St. Petersburg, Florida, reported by Natalie W.
6 Breaux, Registered Professional Reporter, Certified
7 Realtime Reporter, and Notary Public in and for the
8 State of Florida at Large.
9 * * * * * *
10 MR. HARDER: It was an extortion attempt
11 where somebody who had the video or a video
12 wanted Mr. Bollea to pay them off, and so he
13 reported this to the FBI, and the FBI --
14 THE COURT: This is the same tape?
15 MR. HARDER: I don't know if it's the16 same tape.
17 THE COURT: Same time frame?
18 MR. HARDER: It's the same time frame.
19 MR. BERLIN: It's the same time frame
20 about an extortion, but it's a Sex Tape.
21 MR. HARDER: If I could just finish.
22 MR. BERLIN: I'm sorry. I thought you
23 were.
24 MR. HARDER: I wasn't. So he reported
25 it to the FBI. The FBI wanted to have a sting
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4
1 operation, and they set up a sting operation,
2 and there was an attorney from California
3 named Davidson and a person called Mr. X. And
4 Mr. X was supposed to show up with Mr.
5 Davidson. Well, Mr. X -- we didn't know the
6 identity of the person -- instead sent an
7 intermediary and Mr. Davidson, and there was
8 exchanges of information, there was a dummy
9 check for $150,000. And at the right moment,
10 the FBI had numerous officers go from one room
11 of the hotel into the room that Mr. Bollea and
12 Mr. Houston were in and made arrests at that
13 time.
14 The AUSA sent a letter to Mr. Berlin
15 saying that Gawker is not in any way being16 investigated and it seems like they're at the
17 end of the line in terms of the investigation
18 and there is not going to be a prosecution.
19 But these are documents that pertain to Mr. X
20 and his attorney Davidson, and there was an
21 intermediary who was present instead of Mr. X.
22 And so these communications are communications
23 between Mr. Houston and the FBI and the AUSA
24 pertaining to this investigation. I think
25 that if you look at this you'll see that it
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5
1 has nothing to do with Gawker.
2 THE COURT: But I think it still has
3 something to do with the tape.
4 MR. BERLIN: Your Honor, you asked us
5 earlier in today's hearing if we knew the
6 source of the tape, and I answered candidly,
7 which I wasn't -- I don't know. This obviously
8 seems like a useful piece of information for
9 both sides in the case about this -- you know,
10 in this hundred-million-dollar dispute to have
11 access to it so we can figure out if that's the
12 person who gave it to us and if that has
13 something to do with the case, meanwhile,
14 especially in a claim where they're otherwise
15 asserting that we got it from Heather Clem.16 THE COURT: You have other confidential
17 orders in regard to this particular case.
18 Right?
19 MR. BERLIN: We have other confidential
20 -- we have a confidentiality order in place,
21 and we've produced stuff in the confidence back
22 and forth. And notwithstanding Mr. Harder's,
23 you know, criticism of Gawker, Gawker has not
24 published anything and -- that it's gotten in
25 discovery in this case, not one thing.
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6
1 THE COURT: You even included that in
2 your papers. See, I do read them. So I think
3 that they are relevant, so I'm not going to
4 say that they're not relevant. I think they
5 are relevant because that's one of the
6 critical aspects I think of the case or at
7 least in resolving the case, is how did Gawker
8 get it and how did this all come about. So
9 I'm going to order that it be discovered but
10 that it be part of the confidentiality
11 agreement between the parties.
12 MR. BERLIN: They can certainly mark it
13 confidential and we will respect that.
14 MR. HARDER: I would request that Gawker
15 -- it be an attorneys' eyes only designation so16 that Gawker itself doesn't get these documents,
17 because it can post them.
18 THE COURT: If it posted them, what do
19 you think I'm going to do with that?
20 MR. BERLIN: I think we're going to be
21 in hot water.
22 MR. HARDER: I don't know what you're
23 going to do with it, but they'll take it to
24 the Court of Appeal and they'll say it's
25 newsworthy.
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7
1 THE COURT: I don't think so.
2 MR. BERLIN: I will say on the record
3 that there was no First Amendment right to
4 publish things that you got in discovery.
5 There is a U.S. Supreme Court case on that
6 called Seattle Times versus Rhinehart, and we
7 filed it. So we understand it.
8 But, Your Honor, what I'd like to do is
9 to get a -- I'd like to be not in a position
10 where my client -- my direct client is a lawyer
11 in the law department, is the general counsel
12 for Gawker, and I would like them to be
13 included in the attorneys' eyes only. We don't
14 share anything on this case with anybody else
15 at Gawker, precisely for the reason that if16 it's protected by a confidentiality order --
17 THE COURT: You're in trouble.
18 MR. BERLIN: -- they might do something.
19 No, but they as a client could get it, but we
20 don't do that. So I would like -- if she is
21 included in that, that would be fine. But I
22 would otherwise respect that.
23 THE COURT: I'm fine with that.
24 MR. HARDER: Okay.
25 THE COURT: Thank you.
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8
1 MR. BERLIN: And you would like us to --
2 THE COURT: So he gets two of those.
3 Those are your envelopes to take back. The
4 remainder of the people that aren't here, I'm
5 going to mail them.
6 MR. BERLIN: Okay. So just --
7 THE COURT: They get two of those.
8 MR. BERLIN: They get two and I have the
9 others. Thank you, Your Honor.
10 THE COURT: Great. Thank you.
11 (End of confidential proceedings.)
12
13
14
1516
17
18
19
20
21
22
23
24
25
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9
CERTIFICATE OF REPORTER
STATE OF FLORIDA:COUNTY OF HILLSBOROUGH:
I, Natalie W. Breaux, Notary Public in andfor the State of Florida at Large, do hereby certifythat I reported in shorthand the foregoingproceedings at the time and place therein designated;that the witness herein was duly sworn by me; that myshorthand notes were thereafter reduced totypewriting under my supervision; and that theforegoing pages are a true and correct, verbatimrecord of the aforesaid proceedings. Witness my hand and seal April 25, 2014, inthe city of Tampa, County of Hillsborough, State ofFlorida.
Natalie W. Breaux Notary Public State of Florida at Large
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CONFIDENTIAL
EXHIBIT 5-Cto the
MOTION FOR AN ORDER DECLARING THATPLAINTIFF HAS IMPROPERLY DESIGNATED CERTAIN
DISCOVERY MATERIALS AS “ATTORNEYS’ EYES ONLY”
Filing # 31131053 E-Filed 08/20/2015 04:19:56 PM
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CONFIDENTIAL
EXHIBIT 8-Cto the
MOTION FOR AN ORDER DECLARING THATPLAINTIFF HAS IMPROPERLY DESIGNATED CERTAIN
DISCOVERY MATERIALS AS “ATTORNEYS’ EYES ONLY”
Filing # 31131053 E-Filed 08/20/2015 04:19:56 PM
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INDEX OF MATERIALS DESIGNATED BY PLAINTIFF AS“ATTORNEYS’ EYES ONLY” THAT ARE BEING CHALLENGED
DOCUMENTS PRODUCED BY PLAINTIFF
DOCUMENT DESCRIPTION
BOLLEA 001068-1145 Emails to/from K. Davidson, V. Duarte, K. Rosser, and/or D.Houston from October, November, and December 2012
BOLLEA 001145-90Emails to/from D. Houston, K. Rosser, J. Shearn, S. Sweeney,and/or other people from October, November, and December2012; and January, July, and September 2013
BOLLEA 001191-92 September 3, 2013 letter from S. Sweeney to D. Houston
BOLLEA 001193-1216 November 8, 2013 letter from S. Sweeney to D. Houston, withenclosures
BOLLEA 001217-32 November 6, 2012 email from K. Davidson to K. Rosser/D.Houston, with draft settlement agreement and mutual release
BOLLEA 001233-53 November 21 and 26, 2012 emails to/from K. Davidson and D.Houston, with draft settlement agreement and mutual release
BOLLEA 001254-66 November 29 and 30, 2012 emails to/from K. Davidson and D.Houston, with draft settlement agreement and mutual release
BOLLEA 001267-79 December 4, 2012 email from K. Rosser/D. Houston to K.Davidson, with draft settlement agreement and mutual release
BOLLEA 001280-92 December 5, 2012 email from K. Rosser/D. Houston to K.Davidson, with draft settlement agreement and mutual release
BOLLEA 001293-1319 December 10, 2012 email from V. Duarte to K. Davidson and K.Rosser, with draft settlement agreement and mutual release
BOLLEA 001320-49December 10 and 11, 2012 emails to/from D. Houston/K. Rosser,K. Davidson, and V. Duarte, with partially executed settlement
agreement and mutual release
BOLLEA 001350-52 September 3, 2013 emails from S. Sweeney and J. Shearn to D.Houston, with letter attached
BOLLEA 001353-54 September 3, 2013 letter from D. Houston to S. Sweeney
BOLLEA 002654-67 Text messages between T. Bollea and B. Clem
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DOCUMENTS PRODUCED BY DAVID HOUSTON
DOCUMENT DESCRIPTION
DH 001-14 Various Emails to/from D. Houston, K. Rosser, J. Shearn, K.
Davidson, and V. Duarte from November and December 2012
DH 015 Check from D. Houston
DH 0018-21 Various Emails to/from D. Houston, K. Rosser, J. Shearn, K.Davidson, and V. Duarte from December 2012
DOCUMENTS PRODUCED BY DON BUCHWALD AGENCY 1
DOCUMENT DESCRIPTION
DBA 0053-54, 326-27 Emails to T. Burton from M. Calta dated March 13, 2012, forwardingemail from R. Peirce, with attachment
DEPOSITION TRANSCRIPTS
DEPOSITION PAGES
Deposition of Terry Bollea,April 8, 2013 Pages 760-70, 786-832
Deposition of Richard Peirce,January 27, 2015 Pages 95-114
Deposition of Tony Burton,March 2, 2015 2 Pages 26-29, 34, 43, 52-53, 57-61
Deposition of David D. Houston,April 10, 2015 Full Transcript
1 The Don Buchwald Agency designated these documents as “Confidential” and then plaintiff designated them as “Attorneys’ Eyes Only.” Counsel for the Gawker Defendants arenot challenging the Agency’s designation as “Confidential,” and ask only that plaintiff’s“Attorneys’ Eyes Only” designation be removed.
2 Tony Burton designated his deposition transcript as “Confidential” and then plaintiffdesignated it as “Attorneys’ Eyes Only.” Counsel for the Gawker Defendants are notchallenging Mr. Burton’s designation as “Confidential,” and ask only that plaintiff’s “Attorneys’Eyes Only” designation be removed.
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3
PLAINTIFF’S DISCOVERY RESPONSES
DISCOVERY RESPONSE DATE
Plaintiff’s Supplemental Response to A.J.Daulerio Interrogatory No. 9 May 9, 2014
Plaintiff’s Second SupplementalResponse to A.J. Daulerio Interrogatory
No. 9May 16, 2014
AUDIO FOOTAGE PRODUCED BY FEDERAL GOVERNMENT
FOOTAGE DESCRIPTION
Audio track “E-3 10-22-2012” Audio of an October 22, 2012 telephone call between D.Houston and K. Davidson.
Audio track “E-4 10-25-2012” Audio of an October 28, 2012 telephone call between D.Houston and K. Davidson
Audio track “E-5 11-02-2012” Audio of a November 2, 2012 telephone call between D.Houston and K. Davidson.
Audio track “Item D BubbaApology” Audio of the on-air apology read by B. Clem.
Audio track “WORKING_FinalTRACK 5” Audio of the December 14, 2012 sting operation
DOCUMENTS PRODUCED BY FEDERAL GOVERNMENT
DOCUMENT DESCRIPTION
May 27, 2015 EOUSAProduction
November 12, 2012 Gawker article “Here Is a List of People BubbaThe Love Sponge’s Ex-Wife Is Also Rumored To Have Had Sex With
On Camera”
May 27, 2015 EOUSAProduction
Redacted February 23, 2015 emails from unknown USAFLM senderto unknown USAFLM recipient
EOUSA 001-2 June 26, 2015 letter from S. Gerson to G. Thomas
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EOUSA 003-12 Plaintiff T. Bollea’s Privilege Log – Correspondence re FBI CriminalInvestigation
EOUSA 013-14 September 3, 2013 letter from D. Houston to S. Sweeney
EOUSA 015 Redacted September 3, 2013 email from unknown USAFLM sender toD. Houston
EOUSA 016-17 September 3, 2013 letter from A. Bentley to D. Houston
EOUSA 018 March 18, 2014 letter from A. Bentley to S. Berlin
EOUSA 019-21 November 8, 2013 letter from A. Bentley to D. Houston enclosingcheck
EOUSA 022-24 Redacted September 8 and 15, 2014 emails to/from D. Houston
GAWKER 1-2 FBI Form FD-1057, dated October 16, 2012
GAWKER 3-4 Form Noting Document(s) Withheld as Duplicative
GAWKER 5 Photocopy of Tampa Bay Times article “Hogan files two suits oversex tape”
GAWKER 6-7 FBI Form FD-302, dated October 16, 2012, interview with D.Houston and T. Bollea
GAWKER 8-11 October 10 to October 12, 2012 redacted emails with handwritten
notes
GAWKER 12-14 Handwritten notes, dated October 15, 2012, regarding D. Houston and T. Bollea interview
GAWKER 15-16 FBI Form FD-302, dated October 16, 2012, interview of T. Bollea
GAWKER 17 FBI Form FD-302, dated October 22, 2012, interview of D. Houston
GAWKER 18 FBI Form FD-1087a, dated October 23, 2012, telephone call involvingD. Houston
GAWKER 19-20 FBI Form FD-302 , dated October 24, 2012, interview with T. Bolleaand D. Houston
GAWKER 21-23 Handwritten notes, dated October 22, 2012, regarding D. Houston andT. Bollea interview
GAWKER 24-71 Text messages between B. Clem and T. Bollea
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5
GAWKER 72-85 Redacted emails involving D. Houston dated October 10-12, 2012
GAWKER 86 FBI Form FD-302, dated October 24, 2012, interview with D.Houston
GAWKER 87-92 Draft settlement agreement between B. Clem and T. Bollea
GAWKER 93 FBI Form FD-302, dated October 26, 2012, interview with D.Houston
GAWKER 94-117 Unredacted information regarding K. Davidson
GAWKER 118 FBI Form FD-1057, dated November 1, 2012 regarding B. Clemapology media file
GAWKER 119 FBI Form FD-1036, dated November 1, 2012 regarding search for K.Davidson information with California bar
GAWKER 120 FBI Form FD-1087, dated November 5, 2012 regarding October 25,2012 taped telephone call
GAWKER 121 FBI Form FD-1087, dated November 5, 2012 regarding November 2,2012 taped telephone call
GAWKER 122-23 Redacted in Full
GAWKER 124-25 November 5, 2012 Fax cover page from FBI to GoDaddy.com
GAWKER 126-40 Draft Settlement Agreement and Mutual Release
GAWKER 141 FBI Form FD-1036, dated November 5, 2012, regarding preservationletter on Godaddy for email account
GAWKER 142 FBI Form FD-302, dated November 6, 2012, regarding tapedtelephone call involving D. D. Houston
GAWKER 143 FBI Form FD-302, dated November 16, 2012, interview with D.Houston
GAWKER 144Redacted November 10, 2012 and November 13, 2012 emails to/fromD. Houston
GAWKER 145 Redacted November 6, 2012 emails to/from D. Houston and K.Davidson
GAWKER 146 Form Noting Document(s) Withheld as Duplicative
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6
GAWKER 147 FBI Form FD-302, dated November 14, 2012, communication with D.Houston
GAWKER 148-50 Redacted November 14 and 15, 2012 emails to/from D. Houston
GAWKER 151-65 Form Noting Document(s) Withheld as Duplicative
GAWKER 166 FBI Form FD-302, dated November 23, 2012, regarding emailforwarded from D. Houston’s business manager
GAWKER 167 FBI Form FD-302, dated November 28, 2012, regardingcommunication with D. Houston
GAWKER 168-69 Redacted November 29 and 30, 2012 emails to/from D. Houston
GAWKER 170-74 Redacted November 21 and 26, 2012 emails to/from D. Houston
GAWKER 175-79 Exhibit B to Settlement Agreement
GAWKER 180-94 Draft Settlement Agreement and Mutual Release
GAWKER 195 FBI Form FD-302, dated November 28, 2012, regarding emailsto/from D. Houston
GAWKER 196-207 Form Noting Document(s) Withheld as Duplicative
GAWKER 208 FBI Form FD-302, dated December 3, 2012, regarding email to D.Houston
GAWKER 209 FBI Form FD-1087, dated December 4, 2012, regarding November27, 2012 taped telephone call
GAWKER 210 Form Noting Document(s) Withheld as Duplicative
GAWKER 211 Redacted November 29, 2012 and December 3, 2012 emails to/fromD. Houston
GAWKER 212 FBI Form FD-302, dated December 4, 2012, regarding interview withD. Houston
GAWKER 213-15 Redacted DMV information
GAWKER 216-18 eAgent report
GAWKER 219-20 eAgent report
GAWKER 221-22 Form Noting Document(s) Withheld in Full
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GAWKER 223 Redacted Report
GAWKER 224-25 Redacted Law Enforcement Report, dated December 4, 2012
GAWKER 226 Redacted FBI Form FD-1036, dated December 4, 2012, regarding
California driver’s license and NCIC information
GAWKER 227 FBI Form FD-1087, dated December 6, 2012, regarding tapedtelephone call from December 5, 2012
GAWKER 228-39 Draft Settlement Agreement and Mutual Release
GAWKER 240-49 Redacted November 29 – December 5, 2012 emails to/from D.Houston
GAWKER 250-61 Form Noting Document(s) Withheld as Duplicative
GAWKER 262 FBI Form FD-302, dated December 7, 2012, interview with D.Houston
GAWKER 263-65 Redacted December 10, 2012 emails to/from D. Houston
GAWKER 266-79 Form Noting Document(s) Withheld as Duplicative
GAWKER 280 FBI Form FD-302, dated December 13, 2012, regarding emailsforwarded from D. Houston’s assistant
GAWKER 281-82 Redacted December 10 – 11, 2012 emails to/from D. Houston
GAWKER 283-96 Form Noting Document(s) Withheld as Duplicative
GAWKER 297 FBI Form FD-302, dated December 13, 2012, regarding telephone callfrom D. Houston
GAWKER 298-312 Redacted December 12, 2012 emails to/from D. Houston, withexecuted settlement agreement
GAWKER 313 FBI Form FD-1036, dated December 18, 2012, regarding polygraphreport
GAWKER 314 FBI Form FD-302, dated December 13, 2012, regarding telephone callwith D. Houston
GAWKER 315-16 FBI Form FD-1087, dated December 17, 2012, regarding disc withDecember 14, 2012 recorded meeting
GAWKER 317 Copy of D. Houston check dated December 14, 2012
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GAWKER 318-19 FBI Form FD-1087, dated December 17, 2012, regarding disc withDecember 14, 2012 recorded meeting
GAWKER 320-21 FBI Form FD-1087 dated December 17, 2012, regarding D. Houstoncheck
GAWKER 322 FBI Form FD-1036, dated December 18, 2012, regarding D. Houstoncheck
GAWKER 323-24 FBI Form FD-1087, dated December 17, 2012, regarding case withthree DVDs and settlement agreement
GAWKER 325-27 December 14, 2012 polygraph report
GAWKER 328-30 Assignment and Transfer of Copyright
GAWKER 331-43 Form Noting Document(s) Withheld as Duplicative
GAWKER 344 FBI Form FD-1036, dated December 18, 2012, regarding signedagreements dated December 14, 2012
GAWKER 345 FBI Form FD-302, dated December 17, 2012, regarding telephone callwith D. Houston
GAWKER 346 Redacted FBI Form FD-302, dated December 17, 2012
GAWKER 347 Redacted FBI Form FD-1036, dated December 18, 2012
GAWKER 348-49 Redacted Florida Driver and Vehicle Information Database
GAWKER 350 Form Noting Document(s) Withheld in Full
GAWKER 351 Redacted FBI Form FD-1036, dated December 18, 2012
GAWKER 352-53 Redacted Florida Driver and Vehicle Information Database
GAWKER 354 Form Noting Document(s) Withheld in Full
GAWKER 355-56 Redacted Florida Driver and Vehicle Information Database
GAWKER 357-58 eAgent report
GAWKER 359-62 Form Noting Document(s) Withheld in Full
GAWKER 363 FBI Form FD-1036, dated December 18, 2012, regarding driver’slicense and NCIC information
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9
GAWKER 364-82 Search and seizure warrant, attachments and affidavits
GAWKER 383 FBI Form FD-1036, dated December 18, 2012, regarding searchwarrant and application
GAWKER 384 FBI Form FD-302, dated December 20, 2012, regarding searchwarrant and seized evidence
GAWKER 385 FBI Form FD-302, dated December 18, 2012, regarding T. Bolleainterview
GAWKER 386 Handwritten notes dated December 17, 2012
GAWKER 387 FBI Form FD-302, dated December 18, 2012, regarding telephone callwith unknown female
GAWKER 388FBI Form FD-302, dated December 21, 2012, regarding telephone callwith unknown female
GAWKER 389-90 Completed search and seizure warrant
GAWKER 391 FBI Form FD-1036, dated December 21, 2012, regarding completedsearch warrant
GAWKER 392 Undated handwritten notes
GAWKER 393 Redacted FBI Form FD-302, dated December 17, 2012, regardinginterview
GAWKER 394-400 Redacted handwritten notes, dated December 14, 2012, of interview
GAWKER 401 FBI Form FD-302, dated January 9, 2013, regarding telephone callwith D. Houston
GAWKER 402-03 Consent to search and advice of rights, dated December 14, 2012
GAWKER 404-08 Redacted handwritten notes
GAWKER 409-14 FBI Form FD-302, dated December 17, 2012, regarding interview
GAWKER 415 FBI Form FD-302, dated January 3, 2013, regarding signed letter andside agreement received from D. Houston
GAWKER 416-19 Redacted handwritten notes dated January 8, 2013
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GAWKER 420-21FBI Form FD-1057, dated January 3, 2013, enclosing handwrittennotes from sex tape, TMZ check, letter showing absence from work,and FBI Form FD-597
GAWKER 422-23 FBI Form FD-1057, dated January 10, 2013, documenting meeting
GAWKER 424-26 FBI Form FD-302, dated January 10, 2013, regarding interview
GAWKER 427 Handwritten interview notes, dated February 4, 2013
GAWKER 428-29 FBI Form FD-302, dated February 6, 2013, regarding interview withT. Bollea
GAWKER 430-45 Form Noting Document(s) Withheld in Full
GAWKER 446 FBI Form FD-1036, dated March 5, 2013, regarding memo written byAUSA regarding the investigation
GAWKER 447 FBI Form FD-302, dated February 28, 2013, regarding FBI agentsreviewing discs
GAWKER 448 FBI Form FD-1057, dated March 19, 2013, regarding tolls uploading
GAWKER 449 FBI Form FD-1057, dated May 7, 2013, regarding tolls uploading
GAWKER 450 FBI Form FD-1057, dated May 9, 2013, regarding tolls uploading
GAWKER 451 FBI Form FD-1057, dated May 10, 2013, regarding tolls uploading
GAWKER 452 FBI Form FD-1057, dated May 14, 2013, regarding telephone callwith T. Bollea and D. Houston
GAWKER 453-55 FBI Form FD-1057 and notes regarding May 15, 2013 FBI Office ofSpecial Technology
GAWKER 456-57 FBI Form FD-1057, dated July 23, 2013, regarding case update forcase declination
GAWKER 458-61 D. Houston expenses and FBI Form FD-794, dated July 23, 2013, forD. Houston expenses paid for by FBI
GAWKER 462-63FBI Form FD-1057, dated August 1, 2013, regarding updating casefor Federal Grand Jury document return, case placed in pendinginactive status
GAWKER 464-65 FBI Form FD-1057, dated August 6, 2013, regarding payment to D.Houston for expenses
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11
GAWKER 466-67 August 13, 2013, expense payment forms signed by D. Houston
GAWKER 468 FBI Form FD-302, dated August 14, 2013, regarding payment to D.Houston
GAWKER 469 FBI Form FD-302, dated November 4, 2013 regarding, unsealing andcopying of D. Houston check
GAWKER 470 Email dated March 5, 2014 from D. Houston to FBI regardingGawker’s FOIA request
GAWKER 471 FBI Form FD-1036, dated March 6, 2014, regarding March 5, 2014email from D. Houston
GAWKER 472-73 FBI Form FD-999, dated January 16, 2015, regarding discussion withunknown Tampa Police Department Detective
GAWKER 474-76 FBI Form FD-999, dated January 21, 2015, regarding dissemination ofdocuments to Tampa Police Department
GAWKER 477 February 9, 2015 email from AUSA to FBI regarding release ofmaterials to local authorities
GAWKER 478 FBI Form FD-1036, dated February 11, 2015, regarding email withAUSA
GAWKER 479 FBI Form FD-302, dated February 12, 2015, regarding evidence provided to Tampa Police Department
GAWKER 480-82 FBI Form FD-999, dated February 13, 2015, regarding information provided to Tampa Police Department
GAWKER 483 FBI Form FD-1057, dated February 24, 2015, regarding addingenvelope received from Tampa Police Department
GAWKER 484 FBI Form FD-340a, Evidence Log
GAWKER 485 Redacted FBI Form FD-340, dated October 15, 2012, regardingreceipt of evidence
GAWKER 486-89 Form Noting Document(s) Withheld as Duplicative
GAWKER 490 Redacted FBI Form FD-340, dated October 15, 2012 regarding receiptof evidence
GAWKER 491-93 Form Noting Document(s) Withheld as Duplicative
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GAWKER 494 Redacted FBI Form FD-340, dated October 22, 2012, regardingreceipt of evidence
GAWKER 495-508 Form Noting Document(s) Withheld as Duplicative
GAWKER 509 Blank sheet with case file header
GAWKER 510-12 Form Noting Document(s) Withheld as Duplicative
GAWKER 513 Blank sheet with case file header
GAWKER 514-61 Form Noting Document(s) Withheld as Duplicative
GAWKER 562 Redacted FBI Form FD-340, regarding receipt of evidence
GAWKER 563 Form Noting Document(s) Withheld in Full
GAWKER 564 Redacted FBI Form FD-340, regarding receipt of evidence
GAWKER 565 Form Noting Document(s) Withheld as Duplicative
GAWKER 566 Blank sheet with case file header
GAWKER 567 Redacted FBI Form FD-340 regarding receipt of evidence
GAWKER 568 Form Noting Document(s) Withheld as Duplicative
GAWKER 569 Blank sheet with case file header
GAWKER 570 Redacted FBI Form FD-340 regarding receipt of evidence
GAWKER 571 Redacted Advice of Rights form dated December 14, 2012
GAWKER 572 Blank sheet with case file header
GAWKER 573 Redacted Consent to Search form dated December 14, 2012
GAWKER 574 Unsigned, incomplete Certification of Search
GAWKER 575-81 Form Noting Document(s) Withheld as Duplicative
GAWKER 582 Redacted FBI Form FD-340 regarding receipt of evidence
GAWKER 583 Redacted December 17, 2012 letter from D. Houston to FBI
GAWKER 584 Blank sheet with case file header
GAWKER 585-86 Form Noting Document(s) Withheld as Duplicative
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GAWKER 587 Blank sheet with case file header
GAWKER 588 Envelope from D. Houston to FBI
GAWKER 589 Blank sheet with case file header
GAWKER 590 Redacted FBI Form FD-340 regarding receipt of evidence
GAWKER 591-92 Form Noting Document(s) Withheld in Full
GAWKER 593 Redacted FBI Form FD-597, dated December 20, 2012, regardingreceipt for property received.
GAWKER 594 Form Noting Document(s) Withheld as Duplicative
GAWKER 595 Blank page dated December 20, 2012
GAWKER 596-97 Form Noting Document(s) Withheld as Duplicative
GAWKER 598 Form Noting Document(s) Withheld as Duplicative
GAWKER 599 Blank page dated December 20, 2012
GAWKER 600 Form Noting Document(s) Withheld as Duplicative
GAWKER 601 Blank page dated December 20, 2012 with case file number
GAWKER 602 Page “original - envelop (sic) that REDACTED handed me with note
from attny for work” with case file number
GAWKER 603 Form Noting Document(s) Withheld as Duplicative
GAWKER 604 Blank page dated December 20, 2012 with case file number
GAWKER 605 Redacted FBI Form FD-340a evidence sheet
GAWKER 606 Redacted FBI Form FD-340a regarding receipt of evidence
GAWKER 607Redacted December 17, 2012 cover for draft transcript of recording ofDecember 14, 2012 meeting between D. Houston, T. Bollea, andothers
GAWKER 608-721 Redacted transcript of December 14, 2012 meeting with D. Houston,T. Bollea, and others
GAWKER 722 Blank sheet with case file header
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GAWKER 723 Redacted December 13, 2012 letter scheduling deposition
GAWKER 724 Redacted October 22, 2012 cover for draft transcript of recording ofOctober 22, 2012
GAWKER 725-44 Redacted transcript of October 22, 2012 D. Houston telephone call
GAWKER 745 Blank sheet with case file header
GAWKER 746 Redacted December 6, 2012 cover for draft transcript of recording ofOctober 28, 2012
GAWKER 747-50 Redacted transcript of October 28, 2012 D. Houston telephone call
GAWKER 751 Blank sheet with case file header
GAWKER 752Redacted November 2, 2012 cover for draft transcript of recording of
November 2, 2012
GAWKER 753-73 Redacted transcript of November 2, 2012 D. Houston telephone call
GAWKER 774 Redacted December 7, 2012 cover for draft transcript of recording ofDecember 5, 2012
GAWKER 775-87 Redacted transcript of December 5, 2012 D. Houston telephone call
GAWKER 788 Redacted FBI Form FD-340 regarding receipt of evidence
GAWKER 789-92 Form Noting Document(s) Withheld as Duplicative
GAWKER 793 Blank sheet with case file header
GAWKER 794-98 Form Noting Document(s) Withheld as Duplicative
GAWKER 799 Blank sheet with case file header
GAWKER 800 Redacted FBI Form FD-340A regarding receipt of evidence
GAWKER 801 Form Noting Document(s) Withheld as Duplicative
GAWKER 802 Blank sheet with case file header
GAWKER 803 - 917
Redacted December 17, 2012 cover for draft transcript of meeting ofDecember 14, 2012, signed by T. Bollea on February 4, 2013, andredacted transcript of December 14, 2012 meeting with D. Houston, T.Bollea, and others, with T. Bollea notes
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GAWKER 918 Blank sheet with case file header
GAWKER 919 Redacted FBI Form FD-340 regarding destroyed FBI Form FD-192A’s
GAWKER 920 Redacted FBI Form FD-192A, dated February 19, 2013, regardingdestroyed grand jury material
GAWKER 921 Redacted FBI Form FD-192A, dated January 31, 2013, regardingdestroyed grand jury material
GAWKER 922 Redacted FBI Form FD-192, dated January 17, 2013, regardingdestroyed grand jury material
GAWKER 923 Redacted FBI Form FD-340 regarding receipt of evidence
GAWKER 924 Form Noting Document(s) Withheld as Duplicative
GAWKER 925 Blank sheet with case file header
GAWKER 926 Form Noting Document(s) Withheld as Duplicative
GAWKER 927 Blank sheet with case file header
GAWKER 928 Redacted FBI Form FD-340A, evidence log
GAWKER 929 Redacted FBI Form FD-340A regarding receipt of evidence
GAWKER 930-32 Redacted handwritten notes dated November 14, 2012
GAWKER 933 Redacted FBI Form FD-340 regarding receipt of evidence
GAWKER 934-39 Redacted handwritten notes dated November 9, 2012
GAWKER 940 Blank sheet with case file header
GAWKER 941 Redacted FBI Form FD-340A, evidence log
GAWKER 942 Redacted FBI Form FD-340 regarding receipt of evidence
GAWKER 943-44 Redacted FBI Form FD-472, dated December 13, 2012, for recordingdevice on D. Houston
GAWKER 945-46 Redacted FBI Form FD-472, dated December 13, 2012, authorizingCCTV recording of Sand Pearl meeting signed by T. Bollea
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GAWKER 947-48 Redacted FBI Form FD-472, dated December 13, 2012, authorizingCCTV recording of Sand Pearl meeting signed by D. Houston
GAWKER 949-50 Redacted FBI Form FD-472, dated December 13, 2012, authorizingCCTV recording of Sand Pearl meeting
GAWKER 951-74 Form Noting Document(s) Withheld in Full
GAWKER 975 Redacted FBI Form FD-340A evidence log
GAWKER 976 Redacted FBI Form FD-340 regarding receipt of evidence
GAWKER 977-78 Form Noting Document(s) Withheld in Full
GAWKER 979 Blank sheet with case file header
GAWKER 980 Redacted FBI Form FD-340 regarding receipt of evidence
GAWKER 981 Form Noting Document(s) Withheld in Full
GAWKER 982 Redacted FBI Form FD-340 regarding receipt of evidence
GAWKER 983-84 Subpoena to testify before grand jury
GAWKER 985 Redacted FBI Form FD-340 regarding receipt of evidence
GAWKER 986 Form Noting Document(s) Withheld in Full
GAWKER 987 Redacted FBI Form FD-340 regarding receipt of evidence
GAWKER 988 Redacted envelope addressed to FBI
GAWKER 989 Redacted subpoena to testify before grand jury
GAWKER 990-92 Form Noting Document(s) Withheld in Full
GAWKER 993 Blank sheet with case file header
GAWKER 994 Redacted FBI Form FD-340 regarding receipt of evidence
GAWKER 995 Redacted Envelope addressed to FBI
GAWKER 996-98 Form Noting Document(s) Withheld in Full
GAWKER 999 Blank sheet with case file header
GAWKER 1000 Redacted FBI Form FD-340 regarding receipt of evidence
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GAWKER 1001-03 Form Noting Document(s) Withheld in Full
GAWKER 1004 Blank sheet with case file header
GAWKER 1005 Redacted FBI Form FD-340 regarding receipt of evidence
GAWKER 1006 Redacted FedEx label to FBI address
GAWKER 1007 Blank sheet with case file header
GAWKER 1008 Form Noting Document(s) Withheld in Full
GAWKER 1009 Redacted subpoena to testify before grand jury
GAWKER 1010-15 Form Noting Document(s) Withheld in Full
GAWKER 1016 Blank sheet with case file header
GAWKER 1017 Redacted FBI Form FD-340 regarding receipt of evidence
GAWKER 1018 Redacted envelope addressed to FBI
GAWKER 1019 Form Noting Document(s) Withheld in Full
GAWKER 1020 Redacted FBI Form FD-340 regarding receipt of evidence
GAWKER 1021 Redacted FBI Form FD-340 regarding receipt of evidence
GAWKER 1022 Form Noting Document(s) Withheld in FullGAWKER 1023 Redacted FBI Form FD-340 regarding receipt of evidence
GAWKER 1024 Form Noting Document(s) Withheld in Full
GAWKER 1025 Redacted FBI Form FD-340 regarding receipt of evidence
GAWKER 1026-28 Form Noting Document(s) Withheld in Full
GAWKER 1029 Redacted FBI Form FD-340 regarding receipt of evidence
GAWKER 1030-34 Form Noting Document(s) Withheld in Full
GAWKER 1035 Blank sheet with case file header
GAWKER 1036 Redacted FBI Form FD-340 regarding receipt of evidence
GAWKER 1037 Form Noting Document(s) Withheld in Full
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GAWKER 1038 FBI Form FD-340A, evidence log
GAWKER 1039 Redacted FBI Form FD-340 regarding receipt of evidence
GAWKER 1040 Redacted, undated handwritten notes of interview with C. Harder
GAWKER 1041 Redacted November 13, 2012 email
GAWKER 1042 Redacted November 13, 2012 email
GAWKER 1043 Form Noting Document(s) Withheld as Duplicative
GAWKER 1044 Redacted page 2 of signed settlement agreement
GAWKER 1045-78 Form Noting Document(s) Withheld as Duplicative
GAWKER 1079-80 Redacted December 11, 2012 emails to/from D. Houston
GAWKER 1081 Redacted November 10, 2012 email to D. Houston, and November 13,2012 forward of email
GAWKER 1082-96 Form Noting Document(s) Withheld as Duplicative
GAWKER 1097 Redacted Second page of email with no information
GAWKER 1098 Redacted November 6, 2012 emails to/from D. Houston
GAWKER 1099 Redacted November 6, 2012 email from D. Houston
GAWKER 1100 Redacted October 30, 2012 emails to/from D. Houston
GAWKER 1101 Redacted November 2, 2012 email to/from D. Houston
GAWKER 1102-07 Form Noting Document(s) Withheld as Duplicative
GAWKER 1108 Redacted second page of email with no information
GAWKER 1109 Redacted October 25, 2012 email to/from D. Houston
GAWKER 1110 Form Noting Document(s) Withheld as Duplicative
GAWKER 1111 Redacted October 19, 2012 email from D. Houston
GAWKER 1112-18 Form Noting Document(s) Withheld as Duplicative
GAWKER 1119 Redacted October 19, 2012 email from D. Houston
GAWKER 1120 Blank “Sentinel Workin