AG BONDI SAYS STACY MAY OVERDOSE ON OXYCODINE, (OPIOIDS)

Attorney General Bondi’s Weekly Briefing


This week, I joined 43 other attorneys general to send a letter to congressional leaders urging the repeal of a law that limits our federal government’s response to the national opioid crisis. This crisis is affecting families across our country and we need every tool available to combat this epidemic and save lives. Since 2000, more than 300,000 Americans have lost their lives to drug overdoses involving opioids. We must make sure the DEA is able to stop the oversupply of dangerous prescription opioids—that is why Congress needs to repeal the Ensuring Patient Access and Effective Drug Enforcement Act of 2016.

The repeal of this Act will restore the DEA’s ability to hold drug manufacturers and distributors who willfully contributed to the nation’s oversupply of opioids more accountable. The Act effectively strips the DEA’s ability to issue an immediate suspension order against a drug manufacturer or distributor whose unlawful conduct may pose an immediate danger to public health or safety.

This opioid crisis is a major public health and safety issue, and it is very important to me that we fight this deadly epidemic together. This requires an all hands-on-deck approach, not just efforts by the DEA. Florida is one of the states leading a widespread multistate investigation into major manufacturers and distributors of opioids. It is also an honor to serve on the President’s Opioid and Drug Abuse Commission, where just a few weeks ago we outlined a comprehensive response to tackle this opioid epidemic.

As a career prosecutor and Florida’s Attorney General, I have fought drug abuse for more than two decades and I am urging everyone to come together now to fight this epidemic that is claiming lives every single day.

Pam Bondi

Florida’s Attorney General.

JOE’S COMMENTS:

I’m FIGHTING IT AT THE LOCAL LEVEL BUT THE COUNCIL DEEMS IT UNIMPORTANT.

COURT AGREES TO “BACK AGAINST A WALL” SCHEDULING MOTION…

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

ORLANDO DIVISION

STACY TEBO,

Plaintiff,

  1. Case No: 6:16-cv-1599-Orl-31DCI

CITY OF DEBARY, FLORIDA and

LEO DANIEL PARROTT,

Defendants.

___________________________________

AMENDED CASE MANAGEMENT AND SCHEDULING ORDER

Discovery Deadline MARCH 1, 2018

Dispositive Motions

The parties will be advised if paper copies of exhibits in support of

motions will be required.

APRIL 1, 2018

Daubert Motions

The parties will be advised if paper copies of exhibits in support of

motions will be required.

MAY 1, 2018

Meeting In Person to Prepare Joint Final Pretrial Statement JULY 3, 2018

Joint Final Pretrial Statement (Including a Single Set of Jointly

Proposed Jury Instructions and Verdict Form (emailed to

chambers_FLMD_Presnell@flmd.uscourts.gov in Microsoft Word®

format)), Voir Dire Questions, Witness Lists, Exhibit Lists on

Approved form

JULY 13, 2018

All Other Motions Including Motions In Limine1 JULY 27, 2018

Final Pretrial Conference Date:

Time:

Judge:

AUGUST 9, 2018

1:30 PM

Judge Gregory A. Presnell

Trial Briefs and Color-Coded Deposition Designations AUGUST 29, 2018

Trial Term Begins SEPTEMBER 4, 2018, 2018

at 9:15 AM

1 Absent leave of court, each party is limited to filing a single Omnibus Motion in limine,

which shall not exceed 25 pages.

Estimated Length of Trial 4 days

Jury/Non-Jury Jury

Mediation Deadline:

Mediator:

Address:

The parties have 14 days from the date of this

Order within which to object to a Court-appointed

mediator and present a STIPULATED substitute

mediator. Telephone:

Designated Lead Counsel Attorney Name:

Pursuant to Local Rule 9.04(a)(3)

Lead Counsel Telephone Number Telephone Number:

APRIL 4, 2018

James G. Brown

1258 Deer Lake Circle

Apopka, FL 33712

(407) 884-7758

Martha A. Chapman

(407) 896-4835

Other Matters:

DONE AND ORDERED at Orlando, Florida, November 16, 2017.

Copies to: United States Magistrate Judge

All Counsel of Record

All Pro Se Parties

 

TOO MANY ATTORNEYS – TOO FEW CLIENTS

In the world of the Third Judicial Circuit of the State of Florida I have heard Attorney’s talking about too many attorneys for the number of clients available. There are always going to be traffic accidents and ambulance followers who will make some attorneys an adequate living but the good jobs, government and civil cases involving government entities, are in short supply. Those that do exist are taken up by premier attorney firms such as Koberlein’s firm and a few select others.

That’s WHY it is so surprising that when we, as a town, advertised for attorneys to be our town attorney no one, nary a one applied. Can it be that the problems of White Springs following the law and the ordinances has permeated the local judicial grape-vine and no one wants to take on a basket case that is White Springs. Even the marginally effective attorneys in the local area didn’t apply.

Too many 119 violations perhaps. Or it could be that the Helen Miller flap has become common knowledge and the local attorneys in mass have decided that it is not worth the aggravation of dealing with a ROGUE client like the Town of White Springs..

That we are in sad shape and have been for 17 years is beyond doubt but our attorney firms, first Kennon and then Koberlein couldn’t get anybody on the Council to listen to the law. Wouldn’t it be a hoot if Tonja’s new-found religion about reading the Charter and perhaps Ordinances and state  statutes will bear fruit.

As Willie once said “We follow our attorney’s recommendations”. What are you going to do now gutless one that we have no attorney.

The Charter, Tonja, REQUIRES, a town attorney and Rhett can not do both jobs. That would be Nepotism in the worst form.

 

Karin’s comment:   It was said at the meeting that Yvonne sent out 30-40 invitations to apply and nary an attorney wished to apply.  Frankly we have had somewhat of a bad reputations but it is far worse since Rhett Bullard has taken over with Tonja Brown and Willie Jefferson.

Tonja is no attorney and really needs a lot more to understand how stupid she, Willie and Rhett were at the hearing

Tonja Brown and John Rhett Bullard can read the charter until they are blue in the face but the Charter is not the only law which the officials must abide by.  There are statutes which apply  in not only the Florida Constitution but in the U.S. Constitution.  That is why real attorneys are required to dig through the actual facets of the law and for a jury and judge to come to some conclusion.

Lets look at the Florida Trust General Liability policy.  It covers An event or accident including continuous or repeated exposure to conditions which result in Bodily Injury, Property Damage, Personal Injury or Advertising Injury and not arising from any form of intentional misconduct.   From the statements made by the three councilors and our Town Manager which not only were intentional but false, it would appear there would be no coverage for the Town under the General Liability Policy through the Florida Municipal Insurance Trust pool  (FMIT).

The definition of designated member under the Florida Municipal Insurance pool means the entity, organization or constitutional officer of the Declarations of this agreement;  Designated member does not mean employees of agents of that entity or organization Therefore the reason we had to secure Attorney Elkind to provide defense for the Town Manager if by reason that she, Stacy Tebo would not have coverage under the General Liability policy of the Florida Municipal Trust policy because she is not a designated member; thus Frederick Koberlein, esq. statement that the Town (its citizens) should not pay for our Town Manager’s attorney’s fees of $7,500;. It does not make sense for an employee to sue a designated member of the Town AND IT IS NOT DONE BY ANY OTHER ENTITY.

What happens next when Dr. Helen Miller sues the town in circuit court?  We know the law is on her side.  Not only will the three clowns spend money for legal expense for Stacy Tebo again, but there will be no cap as to the amount spent. 

Furthermore, the Town cannot be represented by the Florida League of Cities’ Florida Municipal Insurance Trust. It excludes any claim, demand or action seeking injunctive, declaratory, writ of mandamus or any other non-monetary relief against a designated member or any of its agents;  The FMIT has NO DUTY TO DEFEND a member in any action which on its face alleges facts excluded or not covered by the agreement.     

The Three clowns, McKenzie and Stacy Tebo have never followed the law and certainly it was not followed in Dr. Miller’s case.  So Tanja you better keep reading because the FMIT also includes this exclusion. willful violation of any federal, state, or local law, ordinance or regulation committed by or with the knowledge or consent of any member or violation of public trust.

The policy covers an occurrence which results in Bodily Injury, Property Damage, Personal Injury or Advertising Injury and not arising from any form of intentional misconduct This entire situation with Dr. Miller has shown continual and intentional misconduct on the part of Tebo and the clowns.

For the unfounded damages incurred by Dr. Helen Miller who serves on various boards of the Florida League successfully and who has received awards for her work, a Judge after looking at the fictitious reasons for removing Dr. Miller will probably request “Punitive Damages” be paid. 

Yes Tonja, that is another word for punishment, but this time it will be against the Town and not against Helen Miller.   We no longer can be embarrassed by the actions of our council and town manager because the Town has never followed the law but to go forward with these false accusations trying to cite malfeasance is beyond the pale. Further stated in the General Liability policy is that “The Member agrees the coverage of the Trust does not apply to punitive or exemplary damage”

So there you have it, the Town will have to provide defense for Tebo at its own cost because she is in no way covered under the FMIT.   If the judge considers punitive damages, that will be an additional cost not covered by FMIT and then the Town will have to pay for Miller’s attorneys’ costs, court and expense.  Yet Miller per FMIT will be partially reimbursed because she is a designated member and was at the time of this fiasco.

Also excluded are fines, punitive or exemplary damages or any non-compensatory damages or penalties imposed pursuant to any federal or state anti-trust, civil rights, anti-discrimination or racketeer influence and control organization (RICCO) laws;

The way I see it is that Tonja better be a quick study.and that may be impossible —- of the charter because in order to understand her ignorance in the Dr. Miller case she will have to read statutes relating to disruption of Town Business, other statutes, and civil law, specifically contractual law (since no one reads contracts before they are signed).  Tonja certainly did not understand what malfeasance meant. Dr. Miller did nothing illegal and did everything in accordance with the Charter provisions..

And while she is at it, a study of the Sunshine Laws would be appropriate since everything Joe Griffin has complained about for 17 years includes a law despite the thousands of dollars paid to the Town in which attorneys favored the Town by dismissing the case.  Joe felt a judge would listen but alas, there was nary a chance.  

This goes for Rhett Bullard who as an attorney, only chooses the laws he wishes to abide by.  He has stated that Joe Griffin only wants attention; yet it is the law Joe has wished followed. 

It would not hurt for Walter McKenzie to understand the laws either because for 17 years he has done nothing but condemn those who wished the law followed. He specifically has condemned so called language of Joe; yet one gets frustrated with the council’s inability to understand anything.  The only councilor that understood the law was Dr. Miller so now this town will have a field day.  There is no hope for Willie Jefferson; although he should understand criminal law, the only things he has done has been for self.  He cares about no one else unless he benefits which I am beginning to believe fits the bill for all four councilors, Tebo and Tomlinson as well.

It is disgusting that one has to fight this hard to end corruption and hopefully, the suit by Dr. Miller will put an end to all of this ignorance and malicious fabricated bullshit against anyone the officials has a problem with.  After all, Rhett Bullard once said You want us to admit we did not follow the law?  Yup, thats it buddy.

Karin for the blog

 

 

 

 

 

 

TEBO’S ATTORNEY IN DEBARY CASE MAKES MOTION TO DELAY THE TRIAL FOR 4 MONTHS…

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

ORLANDO DIVISION

STACY TEBO, )

)

Plaintiff, )

)

  1. )

) CASE NO.: 6:16-cv-01599-31-DCI

CITY OF DEBARY, FLORIDA, and )

LEO DANIEL PARROTT, individually )

and in his official capacity, )

)

Defendants. ))

UNOPPOSED MOTION FOR CONTINUANCE OF TRIAL TO SEPTEMBER 3, 2018 AND FOUR MONTH EXTENSION OF ALL OTHER DEADLINES SET IN THE CASE MANAGEMENT ORDER PURSUANT TO LOCAL RULE 3.09 AND INCORPORATED MEMORANDUM OF LAW

Plaintiff, STACY TEBO, by and through her undersigned counsel, moves for continuance of trial and all other deadlines by four months and files this Unopposed Motion for Continuance of Trial to September 3, 2018 and Extension of All Other Deadlines Set Forth in the Case Management Order Pursuant to Local Rule 3.09, and hereby states:

  1. On September 13, 2016, the Plaintiff filed her Complaint. (Doc. 1)
  2. The Court’s Case Management and Scheduling Order (Doc. 15) set the deadlines for the case, including end of discovery on November 1, 2017 and trial term starting May 1, 2018.
  3. Due to delays caused by Hurricane Irma and other matters, the Plaintiff sought (Doc. 22) and obtained leave of Court (Doc. 23) to extend the discovery period until November 15, 2017 to take the depositions scheduled of the Defendant’s expert witness and other fact witnesses.
  4. The “other matters” which Plaintiff’s counsel at that time did not reveal to the Court (although she did discuss it with Defendant’s counsel) was that she had an accident on October 2, 2017 where a hurricane relief truck ran into her car at a stop sign, causing her whiplash in her neck and back that her treating doctor believed, at that time, would be resolved in four to six weeks. 2017 to take the depositions scheduled of the Defendant’s expert witness and other fact witnesses.
  5. Plaintiff’s counsel took the deposition of the Defendant’s expert witness on October 31, 2017 but was unable to take the depositions of the fact witnesses scheduled on November 1, 2, and 3, 2017 due to experiencing a mild heart attack in the early morning of November 1, 2017.

Unable to properly participate in the cardiac stress test due to pain in neck and back, Plaintiff’s counsel is scheduled to undergo a series of other cardiac tests.

  1. In addition to the heart attack, Plaintiff’s counsel is suffering from three herniated discs and three bulging discs in her neck and back2/, caused by an automobile accident on October 2, 2017. As a result of the injuries, Plaintiff’s counsel is very limited in her ability to work on the computer and in lifting and other activities necessary to work on this case. Although she was pushing herself to try to get the discovery done timely in this case, she was working against doctor’s orders. She is now referred for further examination with an orthopedic doctor and put on greater restrictions pending that consultation.
  2. Plaintiff’s counsel is unable to complete discovery by November 15, 2017 and is Unsure when she can take the depositions of those persons previously scheduled. The time requested is based in part on an estimate of time to needed to recover and time needed to schedule and take the previously scheduled depositions.
  3. Upon consultation with counsel for the Defendants and based in part on his availability due to his trial calendars in other cases, the parties ask that the Court allow a four-month extension of all remaining deadlines, including the discovery period, resulting in trial in September 2018.
  4. This extension of the deadlines is sought in good faith and not for purposes of delay.
  5. Extension of trial to September of 2018 would keep the case within the local rule guidelines of having Track Two cases tried within 24 months of the date the case is filed.

MEMORANDUM OF LAW

  1. Pursuant to Local Rule 3.09, this Court may allow a continuance of trial for good cause shown.
  2. Federal Rule of Civil Procedure 6(b) provides that when an act may or must be done within a specified time, the court may, for good cause, extend the time before the original time or its extension expires. This motion is made before the discovery extension expires.
  3. The good cause is shown above, health issues of Plaintiff’s counsel.

LOCAL RULE 3.01(g) CERTIFICATE

The undersigned counsel has conferred with counsel for Defendants regarding this Motion, who agrees with the relief requested and consents to extension of the trial term and other deadlines.

WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an order allowing the discovery and all other remaining deadlines by four months, including rescheduling trial for the September 2018 term.

.

/s/ Martha A. Chapman

JOE’S COMMENTS: WHAT THIS MEANS IS THAT STACY TEBO’S ATTORNEY HAS RUN OUT OF WIGGLE ROOM. SHE MUST TRY HER CASE PRIOR THE 15TH OF September 2018. WHAT THAT MEANS IS TWO-FOLD. #1 IS THAT STACY WON’T BE TRIED UNTIL SEPTEMBER 2018. #2 IS THAT IF SHE FINDS SHE CAN’T TRY HER CASE IN SEPTEMBER 2018 THAT THE CASE IS LOST INCLUDING ALL OF THE FUNDS THAT DEBARY HAS SPEND IN DEFENDING THIS FRIVILOUS LAWSUIT. BIG BUCKS OUT OF STACY’S POCKET.

The Veteran’s Park’s new Gazebo

The Veterans Day Celebration was successful with many attending.

If someone wishes to purchase bricks a small brick 3 “x 8″ will cost $35.00 and an 8” x 8 “will cost $60.00

Mr. Madison is building the gazebo.  Originally no one thought about making the gazebo handicap accessible so some of the plans have been changed including steel.  There is a sidewalk of bricks from the gazebo to the sidewalk.   Mr. Madison has already spent $6,000 in time and materials now with $1,000 in engineering.

The council voted to allow our Town Manager to issue a check to Mr. Madison for $8,500 for the gazebo, labor and cost which is the estimate of completion.

PCS was kind enough to provide $10,000 to the Town for improving the Veteran’s park.   Our thanks to PCS.

Obviously this donation will offset the cost and the additional $1,500 probably will be go toward the engineering cost and $500 for legal fees because every cent counts since they continue to rack up fees to protect our manager.

Karin Griffin for the blog

Fire Department finally has their new pre-used 1994 fire engine

Our fire chief Kevin Pittman along with three other fire fighters took Hazmat training.   It assists fire fighters in handling liquid sulfur training and clean up.  Although we do not have a hazmat trailer, Lake City does and they would be called immediately to assist.

Of the 12 calls the fire department had in the last month, there were 4 brush fires, 2 vehicle collisions and one hazmat call.  The Hazmat situation involved a person who had thrown gasoline on a building with the intent of burning it down.

Finally the council made a motion to pay Windsor Volunteer Fire Department for the used Fire Engine.  It has been maintained and checked and is ready for use.   We will be paying the Windsor Volunteer Fire Department $5,000 each year in November with the council approving Stacy Tebo to provide the first $5,000 of the total $15,000 due.

When I was an insurance agent, an acquaintance from my home town who had a factory in Luverne Mn, near Sioux Falls SD, allowed us to write his insurance.  I had first hand knowledge of how a fire truck is built from start to finish and it is amazing how they are built from the very beginning.  The process is started with a purchased chassis and the process goes from there, They will manufacture it based upon a fire department’s needs and cost..

They are still in business with many awards and the cost we are paying for this fire engine is very small in comparison what it would cost for a new fire engine pumper.   Thank you Fire Department for getting a great deal.

Karin for the blog

The Haunted House was a success

It was mentioned at the November 14th meeting our Halloween Haunted House was successful.  It was stated there were 564 visitors who enjoyed the event.

Rhett Bullard gave thanks to his sister who decorated the house and he thanked the Firemen for the opportunity to be a monster.  (By chance was he acting as himself?)

At our Halloween Eats and Treats, we had not realized, but were ready that trick and treating started at 5:00 pm.  Yet, I was very sad for a beautiful princess and her mom who came early into White Springs so that they could enjoy the Haunted House.  The mom was upset because her little princess was not allowed to go into the house because someone stated “she was not age appropriate”.

I’ve known this little girl and she and her mom have always stopped by our home on Halloween.  It was sad to hear that perhaps more than one was turned down, if she was.

We likewise appreciate those who come by on Halloween Night for something to eat, some treats and just to sit down and relax from their walk.  Many stopped by after they were at the Haunted House and from what they heard the Haunted House was a great event.

 

Karin for the blog