letter to florida bar pres gwynne young, re confidentiality

VIA UPS No. 1Z64589FP296624515 March 26, 2013Email [email protected]

Gwynne Alice YoungPresident, The Florida Bar Carlton Fields, P.A.4221 W. Boy Scout Boulevard, Suite 1000Tampa, FL 33601-3239

Dear Madam Bar President:

Thank you for facilitating a response by Bar Counsel Mr. Clark to my records request. Mr. Clarkresponded March 13, 2013 in part “this case is still pending and under The Florida Bar Rules isconfidential.” Mr. Clark’s response was the same in each of two letters provided for the following:

Ryan Christopher Rodems, TFB File No. 2013-10,271 (13E).Eugene P Castagliuolo, The Florida Bar File No. 2013-10,162 (6D).

What does confidentiality mean in this case(s)? It appears that Mr. Clark already decided mycomplaint(s), and informed Messrs. Rodems and Castagliuolo that there would be a finding of noprobable cause. Mr. Castagliuolo1 notified me of Mr. Clark’s decision by email February 6, 2013,where he wrote the following: (Exhibit 1)

Dear Mr. Clark:

First, please adjust your records to reflect my new e-mail address.

Secondly, please provide me with a letter of final disposition of this Gillespieabomination. I have a whistleblower complaint about this fool to file with the SocialSecurity Administration, but I want to receive your letter first.

Thank youEPCEugene P. Castagliuolo, Esquire

1 Mr. Castagliuolo was instructed not to contact me by email, by written notice to him September25, 2012, which he disobeyed. Therefore on October 26, 2012 I made a request for disabilityaccommodation to The Florida Bar, enclosed as Exhibit 3. Still, the harassment continues. Backon February 14, 2013 I wrote you, “I will contact you separately about Mr. Castagliuolo, and thesuggestion of emergency suspension made under Rule 3-5.2 which I submitted to Bar CounselMr. Littlewood October 18, 2012”. Unfortunately other time demands have not permitted me torespond further, but I plan to as soon as possible. Apart from his own admitted mental problems,Mr. Castagliuolo is a miscreant, and The Florida Bar has failed its duty to protect the public fromthis dangerous attorney, who is apparently unable to control his own menacing behavior.

Gwynne Alice Young March 26, 2013President, The Florida Bar Page - 2

It appears Mr. Clark also informed Mr. Rodems that my complaint was “being dismissed asunfounded”, according to a statement by Rodems on his application for judge:

Mr. Gillespie filed a second grievance in 2012, raising many of the same complaints,and I have been advised by Leonard Clark, Esquire of the Florida Bar that it isbeing dismissed as unfounded.

(JNC application of Mr. Rodems, February 1, 2013, Page 19, Exhibit 2)

Ms. Young, to whom does confidentiality apply in a pending case? Why do respondents haveaccess to Bar Counsel and confidential information that is denied to complainants?

Thank you in advance for the courtesy of a response.

Sincerely,

Neil J. Gillespie8092 SW 115th LoopOcala, Florida 34481

cc: service list

Neil Gillespie

From: <[email protected]>To: "Leonard Clark" <[email protected]>Cc: "Michael Laurato" <[email protected]>; <[email protected]>Sent: Wednesday, February 06, 2013 12:57 PMSubject: FL Bar File No. 2013-10, 162 (6D)

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3/25/2013

Dear Mr. Clark: First, please adjust your records to reflect my new e-mail address. Secondly, please provide me with a letter of final disposition of this Gillespie abomination. I have a whistleblower complaint about this fool to file with the Social Security Administration, but I want to receive your letter first. Thank you EPC Eugene P. Castagliuolo, Esquire Licensed To Practice Law In Florida & New Jersey www.TampaConsumerLawyer.com Graduate, Pete Barry's FDCPA "Boot Camp"

CASTAGLIUOLO LAW, P. A. 801 West Bay Drive Suite 301 Largo, FL 33770 (727) 712-3333 CONFIDENTIALITY: This e-mail message (and any associated files) from Castagliuolo Law, P. A. is for the sole use of the intended recipient or recipients and may contain confidential and privileged information. Any unauthorized review, use, disclosure, distribution, or other dissemination of this e-mail message and/or the information contained therein is strictly prohibited. If you are not the intended recipient of this e-mail message, please contact the sender by reply email or by telephone at (727) 712-3333 and destroy all copies of the original message.

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19 Rev. 100209-OGC

In approximately September 2005, a former client, Rita Pesci, filed a complaint with the Florida Bar also claiming I had charged an inappropriate fee in a contingency fee case, even though she signed a contingent fee contract, and even though she signed a stipulation resolving the fee, which was presented to the federal court. The Florida Bar dismissed each of these allegations as unfounded on July 12, 2007, with the grievance committee voting 5-0 to find no probable cause, and declaring my fee to be “reasonable” and acknowledging my "cooperation with the investigation and [my] diligence in seeking to craft fee arrangements which are consistent with [my] obligations under the Rules." In approximately May 2007, Neil J. Gillespie, a former client of the law firm who sued our law firm in a dispute over attorneys’ fees, which I successfully defended (all claims disposed of by judgment on the pleadings and summary judgment), apparently filed a grievance against me with the Florida Bar. In his grievance, he alleged that I had used confidential information derived from our law firm’s previous representation of him while defending our law firm in the lawsuit. Without even requesting a written response from me, the Florida Bar found no basis for further proceedings and dismissed the complaint. I only learned of the complaint when the Florida Bar issued its letter dismissing it on May 15, 2007. Mr. Gillespie filed a second grievance in 2012, raising many of the same complaints, and I have been advised by Leonard Clark, Esquire of the Florida Bar that it is being dismissed as unfounded.

41. Are you currently the subject of an investigation which could result in civil, administrative or criminal action against you? If yes, please state the nature of the investigation, the agency conducting the investigation and the expected completion date of the investigation.

No.

42. In the past ten years, have you been subject to or threatened with eviction proceedings? If yes, please explain.

No.

43a. Have you filed all past tax returns as required by federal, state, local and other government authorities?

Yes __X__ No If no, please explain.

43b. Have you ever paid a tax penalty?

Yes No __x__

43c. Has a tax lien ever been filed against you? If so, by whom, when, where and why?

No.

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Neil Gillespie

From: "Neil Gillespie" <[email protected]>To: "Leonard E Clark" <[email protected]>Cc: "Karin Huffer" <[email protected]>; "Paul F Hill" <[email protected]>; "Kenneth Lawrence

Marvin" <[email protected]>; "Theodore P Littlewood" <[email protected]>Sent: Friday, October 26, 2012 4:51 PMAttach: Letter of Mr. Castagliuolo, File No. 2013-10,162 (6D).pdfSubject: Re: Florida Bar File No. 2013-10,162 (6D); ADA Disability Accommodation Request

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10/27/2012

Leonard E. Clark, Bar Counsel Tampa Branch Office, The Florida Bar

RE: Eugene P Castagliuolo; The Florida Bar File No. 2013-10,162 (6D) ADA Disability Accommodation Request

Dear Mr. Clark:

Attached you will find my letter to Mr. Littlewood dated October 25, 2012 relative to Mr. Castagliuolo’s ongoing criminal harassment of me in violation of Section 784.048(2), Florida Statutes. Included is my September 25, 2012 notice to Mr. Castagliuolo not to send email.

Today I received email from you at 2:02 p.m. that forwarded Castagliuolo’s email below. This is not acceptable. In the future please respond to me in writing. This is a disability accommodation request made under the Americana With Disabilities Act (ADA), 42 USC 12101 et seq., and Sections 504 and 508 of the Rehabilitation Act of 1973, and any other applicable law.

As soon as possible I plan to make more formal and detailed disability accommodation request to Paul Hill. But the nature of my disability has delayed that request. Castagliuolo’s threats and harassment today have delayed my complaint to ACAP about Robert W. Bauer, so Castagliuolo’s ongoing criminal harassment is preventing, delaying or interfering with my use the services of, or participation in programs or activities provided by the Florida Bar, a public entity.

In addition, Florida Bar Rule 4-8.4(d) states "A lawyer shall not engage in conduct in connection with the practice of law that is prejudicial to the administration of justice, including to knowingly, or through callous indifference, disparage, humiliate, or discriminate against litigants…on any basis, including, but not limited to… disability…."

This is a request to include each such disability-based threat, humiliarion, disparagement, or discrimination by Mr. Castagliuolo against me as a new ethics violation.

I suppose Mr. Castagliuolo is free to file lawsuits against me, or "challenge Gillespie's handicapped status with the Social Security Administration." But it is not appropriate or lawful to use the Florida Bar complaint process as a basis for that behavior. Thank you.

Sincerely,

Neil J. Gillespie 8092 SW 115th Loop Ocala, FL 34481

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cc: Dr. Karin Huffer Paul Hill Kenneth Marvin Theodore Littlewood

----- Original Message ----- From: Leonard E Clark To: Eugene P. Castagliuolo, Esq. Cc: Gillespie Sent: Friday, October 26, 2012 2:02 PM Subject: Re: Florida Bar File No. 2013-10,162 (6D) Dear Mr. Castagliuolo, I am currently assigned to your case. I believe I have all the information I need to complete the investigation of your case. If I require additional information from you or Mr. Gillespie, I will let you know. Additionally, I will keep you updated on the status of your case. Leonard E. Clark Bar Counsel Tampa Branch Office The Florida Bar 4200 George J. Bean Pkwy, Ste. 2580 Tampa, Fl 33607 Phone: (813) 875-9821 Fax: (813) 872-6953 From: "Eugene P. Castagliuolo, Esq." <[email protected]> To: Leonard Clark <[email protected]> Cc: Gillespie <[email protected]> Date: 10/26/2012 01:45 PM Subject: Florida Bar File No. 2013-10,162 (6D)

Dear Mr. Clark, It is my understanding that you are now handling the above-referenced complaint filed against me. This e-mail constitutes my response to the latest of Gillespie's endless filings; these last two were dated October 18 and October 22, 2012. Each of these filings, like all of his previous filings, sound like the rantings of a lunatic. As such, I will not dignify either with a detailed response, other than to generally deny each and every statement uttered by Gillespie in these filings. I must make one clarification, however, of a point that I raised in my previous rebuttals. I had

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10/27/2012

previously stated that "in my spare time" I would challenge Gillespie's handicapped status with the Social Security Administration. I no longer feel this way. Instead, I plan to devote whatever time and energy is necessary to bring Gillespie's prolific defamatory statements and conduct to the attention of the SSA as crystal clear evidence that he is not handicapped. My pursuit of this goal will be anything but casual. Furthermore, I have a lawsuit drafted and ready to be filed in Pinellas County against Gillespie just as soon as you close this case. This case is not based upon this complaint, but rather, it will be based upon Gillespie's defaming me, as well as his independent publication of personal and private matters about me on the internet. Thank you EPC www.TampaConsumerLawyer.com Eugene P. Castagliuolo, Esquire CASTAGLIUOLO LAW, P. A. 801 West Bay Drive Suite 301 Largo, Florida 33770 (727) 712-3333 CONFIDENTIALITY: This e-mail message (and any associated files) from Castagliuolo Law, P. A. is for the sole use of the intended recipient or recipients and may contain confidential and privileged information. Any unauthorized review, use, disclosure, distribution, or other dissemination of this e-mail message and/or the information contained therein is strictly prohibited. If you are not the intended recipient of this e-mail message, please contact the sender by reply email or by telephone at (727) 712-3333 and destroy all copies of the original message.

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10/27/2012

Via Email: [email protected], and October 25, 2012 U.P.S. No. lZ64589FP292045149

Theodore P. Littlewood Jr., Bar Counsel The Florida Bar, ACAP 651 East Jefferson Street Tallahassee, FL 32399-2300

Dear Mr. Littlewood:

Enclosed you will find Mr. Castagliuolo's letter to me dated October 22, 2012 that states:

TAKE CAREFUL NOTICE that I shall continue to send you copies of all of my filings and responses to and with The Florida Bar bye-mail and ONLY BY E-MAIL.

I couldn't care less whether this is to your liking, whether you read my e-mails, or whether you don't read my e-mails. Note further that at least one and possibly as many as three have already been sent by email. The fact that you have chosen to "delete them unread" is your problem and not mine.

Be mindful that this message is being mailed to you via U. S. Mail as a one-time courtesy only. There will not be a second notice.

Also enclosed is my September 25, 2012 notice to Mr. Castagliuolo not to send email.

As indicated in the enclosed email to Ms. Jolinski, Records Manager, I have requested copies of the files in the Castagliuolo complaint, and the Rodems complaint, and will do so weekly.

As for Mr. Castagliuolo's ongoing harassing and inappropriate behavior, I will address that issue separately with Paul Hill and provide you a copy of the correspondence. Thank you.

Sinc ~

cc: First Class Mail, Eugene P Castagliuolo, File No. 2013-10,162 (6D) cc: First Class Mail, Ryan Christopher Rodems, File No. 2013-10,271 (13E) cc: Email, Paul Hill, General Counsel cc: Email, Kenneth L. Marvin, Director of Lawyer Regulation cc: Email, Ms. Jolinski, Records Manager

CASTAGIIUOIOLAW, P.A. 801 West Bay Drive • Suite 301 ( 727) 7 1 2 • 3 3 3 3 Largo, FL 33770

October 22, 2012

Gillespie 8092 S. W. 115th Loop Ocala, FL 34481

TAKE CAREFUL NOTICE that I shall continue to send you copies of all of my filings and responses to and with The Florida Bar bye-mail and ONLY BY E-MAIL.

I couldn't care less whether this is to your liking, whether you read my e-mails, or whether you don't read my e-mails. Note further that at least one and possibly as many as three have already been sent by email. The fact that you have chosen to "delete them unread" is your problem and not mine.

Be mindful that this message is being mailed to you via U. S. Mail as a one-time courtesy only. There will not be a second notice.

EUGENE P. CASTAGLIUOLO

VIA UPS, No. lZ64589FP293065812 September 25, 2012

Eugene P. Castagliuolo 801 West Bay Drive, Suite 301 Largo, FL 33770

PLEASE TAKE NOTICE: STOP SENDING ME EMAIL

Re: Eugene P Castagliuolo, The Florida Bar File No. 2013-10,162 (6D)

Dear Mr. Castagliuolo:

PLEASE TAKE NOTICE: Do not send me email.itis not welcome. Stop sending me email.

You have been on my blocked email list since July, 2011 in an attempt to block your harassing and abusive email, including email falsely accusing me of crimes. You are engaged in a course of conduct directed at a me which causes substantial emotional distress to me and serves no legitimate purpose. Your behavior is also a crime, see Section 784.048(2), Florida Statutes.

Because you are on my blocked email list, email from you is quarantined in my spam filter, making email from you unreliable communication in the Bar complaint process. This recently caused a problem with your response to my complaint dated August 30, 2012 that you did not send by email until September 4, 2012, and which I did not receive until September 7, 2012.

On August 1, 2012 you wrote by email: "Your e-mail is blocked from this point forward. Any new e-mail addresses you dream up will similarly be blocked just as soon as I learn them." Your subsequent email to me is marked "OUTGOING E-MAIL ONLY" making this an unequal method ofcommunication.

You are instructed not to send me email. Any future email from you will be deleted unread. You are also not permitted to telephone me. Please communicate only by U.S. Mail or third-party commercial carrier such as UPS or FedEx. Thank you in advance for your cooperation.

cc: Theodore P. Littlewood Jr., Bar Counsel Attorney Consumer Assistance Program The Florida Bar 651 East Jefferson Street Tallahassee, FL 32399-2300

Neil Gillespie

From: "Neil Gillespie" <[email protected]>To: "Jenny Jolinski" <[email protected]>Cc: "Theodore P Littlewood" <[email protected]>; "Kenneth Lawrence Marvin" <[email protected]>;

"Paul F Hill" <[email protected]>Sent: Thursday, October 25, 2012 12:40 AMAttach: Sep-15-12 Records request to Mr. Littlewood, re 2013-10,162 (6D) Castagliuolo.pdfSubject: New records request; Castagliuolo File No. 2013-10,162 (6D); Rodems File No. 2013-10,271 (13E)

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10/25/2012

Jenny R. Jolinski, CRM CDIA+ Records Manager, The Florida Bar

Dear Ms. Jolinski,

Attached is a PDF copy of a records request I made September 15, 2010 to Mr. Littlewood in my open complaint against Eugene Castagliuolo, File No. 2013-10,162 (6D). As of today, five weeks later, I do not have a response from Mr. Littlewood. Subsequently I received a letter from Mr. Castagliuolo announcing his refusal to provide copies all of his filings and responses to and with The Florida Bar by mail.

Therefore I am making a new records request to you in the following two open cases for every record or document in each file, including emails, and documents and records that I may have provided.

Eugene P Castagliuolo, File No. 2013-10,162 (6D) Ryan Christopher Rodems, File No. 2013-10,271 (13E)

I will renew this records request each week, in each of the above complaints, to make sure I am receiving all the documents. I regret any inconvenience this may cause. Thank you.

Sincerely,

Neil Gillespie 8092 SW 115th Loop Ocala, FL 34481

Via Email: [email protected], and U.S. Postal Service First Class Mail

September 15, 2012

Theodore P. Littlewood Jr., Bar Counsel Attorney Consumer Assistance Program The Florida Bar 651 East Jefferson Street Tallahassee, FL 32399-2300

Re: Records Request, Eugene P. Castagliuolo The Florida Bar File No. 2013-10,162 (6D)

Dear Mr. Littlewood:

This is a request for records in the above captioned Bar complaint. I am requesting records that mention me, Mr. Castagliuolo, or the Bar complaint, including records of the type of contact reported by Castagliuolo in his August 30, 2012 response to you showing Mr. Rodems made an unsolicited offer to assist Castagliuolo in any future Bar grievance from me. (p.3, ~1):

"My opposing counsel at Gillespie's deposition was Ryan Christopher "Chris" Rodems. Chris once remarked to me, unsolicited, that he would be happy to speak to The Florida Bar on my behalf if Gillespie grieved me the way he did Bob Bauer."

I do not need copies of letters I have sent you, because I already have those. Likewise, I have your letter and enclosures dated August 17, 2012, and Mr. Castagliuolo's response of August 30, 2012, so I don't need those either.

Please consider this an ongoing records request in this matter. You may provide the records in PDF by email if that is more convenient for you. Thank you.

VIA UPS No. 1Z64589FP295864526 March 28, 2013Email [email protected]

Gwynne Alice YoungPresident, The Florida Bar Carlton Fields, P.A.4221 W. Boy Scout Boulevard, Suite 1000Tampa, FL 33601-3239

Dear Madam Bar President:

This is an addendum to my letter March 26, 2013 asked about confidentiality.

Previously Mr. Clark responded March 13, 2013 in part “this case is still pending and under TheFlorida Bar Rules is confidential”, but apparently told the respondents in the below complaintsthat there would be a finding of no probable cause.

Ryan Christopher Rodems, TFB File No. 2013-10,271 (13E).Eugene P Castagliuolo, The Florida Bar File No. 2013-10,162 (6D).

In turn Mr. Castagliuolo notified me of Mr. Clark’s decision by email February 6, 2013 (Exhibit 1).Castagliuolo’s email shows a copy was provided to another attorney not involved in the complaint,Michael Vincent Laurato, Florida Bar ID No. 181447, to the email address shown below:

“Michael Laurato” <[email protected]>

Mr. Laurato was disciplined by the Supreme Court of Florida by Order SC09-1953 June 7, 2011 forviolating Rule 4-8.4(c) and taxed $4,002.44 costs. The Supreme Court approved the referee’sfinding of fact and found Mr. Laurato guilty of giving false testimony in a civil lawsuit in Tampa.

Ms. Young, when you respond to my question about to whom confidentiality applies in apending case, please address Mr. Castagliuolo’s breach of confidentially to Mr. Laurato.

I regret a second letter on this issue, due to my working memory deficit and mental impairments.

Sincerely,

Neil J. Gillespie8092 SW 115th LoopOcala, Florida 34481

cc: email service list

Neil Gillespie

From: <[email protected]>To: "Leonard Clark" <[email protected]>Cc: "Michael Laurato" <[email protected]>; <[email protected]>Sent: Wednesday, February 06, 2013 12:57 PMSubject: FL Bar File No. 2013-10, 162 (6D)

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3/25/2013

Dear Mr. Clark: First, please adjust your records to reflect my new e-mail address. Secondly, please provide me with a letter of final disposition of this Gillespie abomination. I have a whistleblower complaint about this fool to file with the Social Security Administration, but I want to receive your letter first. Thank you EPC Eugene P. Castagliuolo, Esquire Licensed To Practice Law In Florida & New Jersey www.TampaConsumerLawyer.com Graduate, Pete Barry's FDCPA "Boot Camp"

CASTAGLIUOLO LAW, P. A. 801 West Bay Drive Suite 301 Largo, FL 33770 (727) 712-3333 CONFIDENTIALITY: This e-mail message (and any associated files) from Castagliuolo Law, P. A. is for the sole use of the intended recipient or recipients and may contain confidential and privileged information. Any unauthorized review, use, disclosure, distribution, or other dissemination of this e-mail message and/or the information contained therein is strictly prohibited. If you are not the intended recipient of this e-mail message, please contact the sender by reply email or by telephone at (727) 712-3333 and destroy all copies of the original message.

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Email Service List

Gwynne Alice Young, President, The Florida [email protected]

Eugene Keith Pettis, President-elect, The Florida [email protected]

John F. Harkness, Jr., Executive Director, The Florida [email protected]

Paul F. Hill, General Counsel, The Florida [email protected]

John Thomas Berry, Director, Legal Division, The Florida [email protected]

Kenneth Lawrence Marvin, Director of Lawyer Regulation, The Florida [email protected]

James N. Watson, Jr., Chief Branch Discipline Counsel, Tallahassee Branch [email protected]

Susan Varner Bloemendaal, Chief Branch Discipline Counsel, Tampa Branch [email protected]

Leonard E. Clark, Bar Counsel, Tampa Branch [email protected]

Annemarie Craft, Bar Counsel, [email protected]

Theodore P. Littlewood, Bar Counsel, [email protected]

William W. Wilhelm, Bar Counsel, [email protected]

Jeffrey Carter Andersen, Chair, Thirteenth Circuit [email protected]

letter to florida bar pres gwynne young, re confidentiality

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