notice of ryan christopher rodems fraud on the court, 05-ca-7205, jun-17-2010

7/31/2019 Notice of Ryan Christopher Rodems Fraud on the Court, 05-CA-7205, Jun-17-2010

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3. On June 3, 2010 Plaintiff and Counter-Defendant Gillespie found a FedEx

envelope sitting outside the front door. It contained a Notice of Hearing for June 9, 2010

at 9:00 AM and the following motions:

Defendant's Motion for an Order compelling Plaintiff to Respond to the

Defendant's Request for Production and Attend Deposition, December 15, 2009.

Defendant's Motion for an Order Compelling Plaintiff to Respond to the

Defendant's Interrogatories, January 8, 2010.

Defendants' Motion for Examination Pursuant to Section 56.29(2), Florida

Statutes, June 1, 2010.

The hearing was unilaterally set by Rodems without coordinating the time and date with

Gillespie. Upon receipt of the FedEx envelope Gillespie did not carefully study the

Recipients Copy of the FedEx US Airbill.

4. Last night Gillespie scanned the Airbill along with other documents. (Exhibit A)

When the Airbill appeared on the computer screen, Gillespie saw a telephone number,

(352) 502-8409, that he did not immediately recognize, displayed next to his name.

5. After some research Gillespie found that (352) 502-8409 was used as a contact

number in 2006 and 2007. The number was disconnected and reassigned in 2007.

6. June 3, 2010 Plaintiff and Counter-Defendant Gillespie notified the trial judge,

the Honorable Martha J. Cook, that Rodems unilaterally set hearings without

coordinating the time and date with Gillespie and requested the Court cancel the

hearings, among other things. A copy of the letter was provided to Rodems. (Exhibit B).

7. June 7, 2010 Plaintiff and Counter-Defendant Gillespie faxed notice to Rodems

that his June 9, 2010 hearing was unlawfully set because he unilaterally set the hearing

without coordinating the time and date with Gillespie, and the notice failed to meet the

requirements of Rule 1.080(b), and requested Rodems cancel the hearing. (Exhibit C).


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8. Mr. Rodems responded by letter of June 7, 2010 to Plaintiff and Counter-

Defendant Gillespie, with a courtesy copy to Judge Cook, and wrote: I made multiple

telephone calls to coordinate the hearing on June 9, 2010 with you. I telephoned you

twice on Thursday, May 27, 2010 and again on Tuesday, June 1, 2010, leaving voice

mails each time, but you did not return my calls. (Exhibit D). Mr. Rodems failed to

disclose that he placed the calls to a number he knew or should have known was no

longer valid or associated with this litigation. Rodems did not disclose the number called.

9. Plaintiff and Counter-Defendant Gillespie responded to Rodems You did not

make multiple telephone calls to coordinate the hearing on June 9, 2010 with me. You

did not leave any voice mails on Thursday, May 27, 2010 or on Tuesday, June 1, 2010. I

did not refuse to respond to your calls because none were made and no messages left.

(relevant portion) (Exhibit E). This was a factual statement. Gillespie did not receive any

calls or messages from Rodems to coordinate the hearings of June 9 or July 12, 2010.

10. Mr. Rodems responded by letter of June 11, 2010 to Plaintiff and Counter-

Defendant Gillespie, with a courtesy copy to Judge Cook, and wrote: Regardless of your

accusations that I did not call you, I made multiple telephone calls, some in the presence

of my staff, to coordinate hearings on June 9 and July 12, 2010, and I dialed the same

telephone number that I have successfully used to call you in the past. (Exhibit F). Mr.

Rodems failed to disclose that he placed the calls to a number he knew or should have

known was no longer valid or associated with this litigation. Mr. Rodems did not disclose

the number he called. And Mr. Rodems was misleading when he wrote I dialed the same

telephone number that I have successfully used to call you in the past. A more accurate

statement would affirm Rodems last successful call to the number was in January 2007.


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Mr. Rodems Fraud on the Court

11. Plaintiff and Counter-Defendant Gillespies current phone number for this

litigation, (352) 854-7807, has been included on his pleadings filed since October 2009

after attorney Robert W. Bauer left the case. Mr. Rodems did not call (352) 854-7807.

Instead, Mr. Rodems placed his calls to (352) 502-8409, a number he knew was no

longer valid or associated with this litigation. By calling a bad number, Mr. Rodems

intent was not to communicate with Gillespie to coordinate hearings, but was intended to

deceive the Court and Gillespie, for the purpose of disrupting the litigation to Rodems

advantage and to injure Gillespie. Mr. Rodems committed Fraud on the Court because:

a. Mr. Rodems made a false statement of material fact when he wrote June 7,

2010, I made multiple telephone calls to coordinate the hearing on June 9, 2010 with

you. I telephoned you twice on Thursday, May 27, 2010 and again on Tuesday, June 1,

2010, leaving voice mails each time, but you did not return my calls.

b. Mr. Rodems made a false statement of material fact when he wrote June

11, 2010 Regardless of your accusations that I did not call you, I made multiple

telephone calls, some in the presence of my staff, to coordinate hearings on June 9 and

July 12, 2010, and I dialed the same telephone number that I have successfully used to

call you in the past.

c. Mr. Rodems knew the representations in his letters of June 7, 2010 and

June 11, 2010 were false because calling a bad number is not a good-faith effort to

contact Plaintiff and Counter-Defendant Gillespie to coordinate hearings.


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A


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E


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F

notice of ryan christopher rodems fraud on the court, 05-ca-7205, jun-17-2010

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