Thompson v. The Florida Bar

Filing 35

NOTICE by John B. Thompson to Court of Florida Supreme Court Docket (Attachments: # 1)(Thompson, John)

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Thompson v. The Florida Bar Doc. 35 Att. 1 Florida Supreme Court Case Docket Case Number: SC07-80 - Active THE FLORIDA BAR vs. JOHN BRUCE THOMPSON 08/05/2007 05:05 Date Docketed Description 01/18/2007 COMPLAINT Filed By CO The Florida Bar FB BY: CO Sheila Marie Tuma 196223 Notes (O&1) 01/22/2007 No Fee Required 01/24/2007 ORDER-REFEREE APPOINTMENT (DISCIPLINARY) 01/26/2007 MOTION-STAY (PROCEEDINGS BELOW) HON. JOSEPH P. FARINA, C.J., 11TH JUDICIAL CIRCUIT PE John Bruce Thompson FILED AS "PETITION FOR 231665 BY: PE John WRIT OF Bruce Thompson 231665 MANDAMUS/PLAINTIFF'S MOTION FOR STAY OF ALL DISCIPLINARY PROCEEDINGS" (02/14/07, SENT TO REFEREE) PE John Bruce Thompson FILED AS "PETITION FOR 231665 BY: PE John WRIT OF Bruce Thompson 231665 MANDAMUS/PLAINTIFF'S MOTION FOR MEDIATION" (02/14/07, SENT TO REFEREE) PE John Bruce Thompson DATED 01/21/07 (02/14/07, 231665 BY: PE John SENT TO REFEREE) Bruce Thompson 231665 Respondent's letter dated January 21, 2007, Petition for Writ of Mandamus/Plaintiff's Motion for Stay of All Disciplinary Proceedings dated January 21, 2007, and Petition for Writ of Mandamus/Plaintiff's Motion for Mediation dated January 23, 2007, were filed with this Court on January 26, 2007, and have been docketed in the above case as they appear to be related to this matter. According to this Court's records respondent is represented by counsel and respondent is not listed as co-counsel. Respondent is hereby directed to show cause on or before February 21, 2007, why the above filings should not 01/26/2007 MOTION-OTHER SUBSTANTIVE 01/26/2007 LETTER 02/06/2007 ORDER-SHOW CAUSE (MISC) Dockets.Justia.com Date Docketed Description Filed By 02/09/2007 MOTION-OTHER SUBSTANTIVE PE John Bruce Thompson 231665 BY: PE John Bruce Thompson 231665 02/09/2007 MOTION-OTHER SUBSTANTIVE PE John Bruce Thompson 231665 BY: PE John Bruce Thompson 231665 02/12/2007 REFEREE APPOINTED 02/12/2007 NOTICE-APPEARANCE PE John Bruce Thompson 231665 BY: PE John Bruce Thompson 231665 02/12/2007 MOTION-OTHER SUBSTANTIVE PE John Bruce Thompson 231665 BY: PE John Bruce Thompson 231665 02/14/2007 ORDER-SHOW CAUSE DISCHARGED 02/14/2007 ORDER-OTHER SUBSTANTIVE Notes be stricken as unauthorized as respondent is not listed as cocounsel in the above case. (DISCHARGED-SEE ORDER DATED 02/14/07) FILED AS "ADDITIONAL GROUNDS FOR GRANTING PETITION FOR WRIT OF MANDAMUS" (02/14/07, SENT TO REFEREE) FILED AS "ADDITIONAL RELIEF SOUGHT BY PETITION FOR WRIT OF MANDAMUS" (02/14/07, SENT TO REFEREE) HON. DAVA J. TUNIS, 11TH JUDICIAL CIRCUIT (O&1, COPY ADDRESSED TO BAR STAFF COUNSEL, FORWARDED TO BAR STAFF COUNSEL ON 02/12/07) FILED AS NOTICE OF APPEAL OF JOHN B. THOMPSON AS CO-COUNSEL W/ATTACHMENTS (02/14/07, SENT TO REFEREE) FILED AS "ADDITIONAL GROUNDS FOR WRIT OF MANDAMUS RE: MEDIATION" (02/14/07, SENT TO REFEREE) In light of the filing of the Notice of Appearance of John B. Thompson as Co-Counsel, it is ordered that the order to show cause issued by this Court on February 6, 2007, is hereby discharged. The Court is in receipt of Respondent's letter dated January 21, 2007, Petition for Writ of Mandamus/Plaintiff's Motion for Stay of All Disciplinary Proceedings dated January 21, 2007, and Petition for Writ of Mandamus/Plaintiff's Motion for Mediation dated January 23, 2007, which were filed with this Court on January 26, 2007; and Respondent's Additional Grounds for Granting Petition for Writ of Date Docketed Description Filed By 02/26/2007 LETTER 03/12/2007 LETTER Notes Mandamus dated February 5, 2007, and Additional Relief Sought by Petition for Writ of Mandamus dated February 6, 2007, which were filed with this Court on February 9, 2007; and Respondent's Additional Grounds for Writ of Mandamus Re: Mediation dated February 10, 2007, and Notice of Appearance of John B. Thompson as CoCounsel, which were filed with this Court on February 12, 2007. The parties are hereby advised that the Honorable Dava J. Tunis was appointed as referee on February 6, 2007, and the above referenced pleadings are herewith forwarded to the referee for consideration. Please also be advised that all future pleadings should be filed with the referee until the referee's report has been filed with this Court. PE John Bruce Thompson DATED 02/21/07 (NO CERT. OF 231665 BY: PE John SERVICE) (03/05/07, LETTER Bruce Thompson 231665 TO RESPONDENT: Advising petitions for writ of mandamus filed with this Court on January 26, 2007, and additional grounds for granting petition for writ of mandamus and additional relief sought by petition for writ of mandamus filed with this Court on February 9, 2007, and additional grounds for writ of mandamus filed with this Court on February 12, 2007, were not accompanied by a $300.00 filing fee; however, if you have received a receipt from this office please provide me with a copy. Please also be advised that all pleadings or correspondence filed in regard to a case pending before this Court, must contain a certificate of service stating the names and addresses of those served and, if served on an attorney, the name of the party that attorney represents. See Fla. R. App. P. 9.420. PE John Bruce Thompson DATED 03/08/07 231665 BY: PE John Date Docketed Description 03/13/2007 PETITION-MANDAMUS Filed By Bruce Thompson 231665 PE John Bruce Thompson 231665 BY: PE John Bruce Thompson 231665 Notes (O&7) W/CASHIER'S CHECK IN THE AMOUNT OF $300.00 (03/29/07, COPY OF PETITION FILED) (DISMISSED W/O PREJUDICE - SEE ORDER DATED 04/12/07; AND CASHIER'S CHECK HAS BEEN RETURNED TO RESPONDENT) FILED AS "ADDITIONAL RELIEF SOUGHT BY PETITION FOR WRIT OF MANDAMUS" (O&1) (03/29/07, COPY FILED) (DISMISSED W/O PREJUDICE - SEE ORDER DATED 04/12/07) FILED AS "ADDITIONAL GROUNDS FOR GRANTING THIS PETITION FOR WRIT OF MANDAMUS" (O&1) (03/29/07, COPY FILED) (DISMISSED W/O PREJUDICE - SEE ORDER DATED 04/12/07) FILED AS "PLAINTIFF'S MOTION FOR IN CAMERA INSPECTION OF TWO BAR DOCUMENTS" (O&1) (03/29/07, COPY FILED) (DISMISSED W/O PREJUDICE - SEE ORDER DATED 04/12/07) TO RESPONDENT: I am in receipt of your letter of March 8, 2007. Your letter was in response to my letter of March 5, 2007. The Court is in receipt of your Petition for Writ of Mandamus and check in the amount of $300.00, received March 13, 2007; your Additional Relief Sought by Petition of Mandamus received March 14, 2007; and your Additional Grounds for Granting this Petition for Writ of Mandamus and Plaintiff's Motion for In Camera Inspection of Two Bar Documents received March 21, 2007. I also have an e-mail you sent to the Court's public email address on March 16, 2007, and an electronic copy of a letter dated March 17, 2007, sent to the 03/14/2007 PETITIONPE John Bruce Thompson AMENDMENT/SUPPLEMENT 231665 BY: PE John Bruce Thompson 231665 03/21/2007 PETITIONPE John Bruce Thompson AMENDMENT/SUPPLEMENT 231665 BY: PE John Bruce Thompson 231665 03/21/2007 MOTION-OTHER SUBSTANTIVE PE John Bruce Thompson 231665 BY: PE John Bruce Thompson 231665 03/26/2007 LETTER Date Docketed Description Filed By 03/29/2007 LETTER PE John Bruce Thompson 231665 BY: PE John Bruce Thompson 231665 04/03/2007 MOTION-STAY (FSC PROCEEDINGS) PE John Bruce Thompson 231665 BY: PE John Bruce Thompson 231665 04/03/2007 PETITIONPE John Bruce Thompson AMENDMENT/SUPPLEMENT 231665 BY: PE John Bruce Thompson 231665 04/05/2007 PETITIONPE John Bruce Thompson AMENDMENT/SUPPLEMENT 231665 BY: PE John Bruce Thompson 231665 04/12/2007 ORDER-OTHER SUBSTANTIVE Notes same e-mail address. These have all been submitted to the Court for direction. Once the Court gives direction on your filings you will be notified by court order of the Court's action. I would also note that the Clerk's Office does not respond to requests for relief sent to the Court via e-mail unless filing via e-mail has been specifically authorized by the Court in advance. DATED 03/25/07, ENCLOSING COPIES OF THE PETMANDAMUS, ADDITIONAL RELIEF SOUGHT, ADDITIONAL GROUNDS FOR GRANTING PETITION, AND MOTION FOR IN CAMERA INSPECTION FILED AS "MOTION TO STAY THESE PROCEEDINGS" (NOT SIGNED) FILED AS "ADDITIONAL SUPPORT FOR PETITION FOR WRIT OF MANDAMUS" (DISMISSED W/O PREJUDICE - SEE ORDER DATED 04/12/07) FILED AS "ADDITIONAL GROUNDS FOR GRANTING PETITION FOR WRIT OF MANDAMUS AND/OR REQUEST THAT FILING FEE BE RETURNED TO PLAINTIFF" (O&1) (DISMISSED W/O PREJUDICE - SEE ORDER DATED 04/12/07) The petition for writ of mandamus, "Additional Relief Sought by Petition for Writ of Mandamus," "Additional Grounds for Granting this Petition for Writ of Mandamus," "Motion for In Camera Inspection of Two Bar Documents," "Additional Support for Petition for Writ of Mandamus," and "Additional Grounds for Granting Petition for Writ of Mandamus and/or Request that Filing Fee Be Returned to Plaintiff," raise issues that should be determined by the referee and Date Docketed Description Notes are hereby dismissed without prejudice to seek appropriate relief before the referee. See R. Regulating Fla. Bar 3-7.6(h)(2), (h)(4), (h)(8), (m)(1). By order dated February 14, 2007, respondent was specifically advised that all future pleadings should be filed with the referee until the referee's report has been filed with this Court. Respondent is reminded to comply with the orders of this Court. Additionally, the Court notes that respondent has attached inappropriate and pornographic materials to his petitions that are irrelevant to his arguments. Respondent is warned that should he continue to submit such inappropriate filings, the Court will consider imposing sanctions which may include, but are not limited to, a limitation on Respondent's ability to submit further filings without the signature of an attorney other than himself. 04/12/2007 ORDER-STRIKE Respondent's Motion to Stay These Proceedings filed in the above cases is hereby stricken as it is not signed. The above cases are not consolidated and a separate motion must be filed for each case. 04/20/2007 LETTER PE John Bruce Thompson DATED 04/17/07, 231665 BY: PE John REQUESTING THE RETURN Bruce Thompson 231665 OF HIS $300.00 CASHIER'S CHECK 05/03/2007 PETITION-MANDAMUS PE John Bruce Thompson (O&7) (DENIED, SEE ORDER 231665 BY: PE John DATED 07/13/07) Bruce Thompson 231665 05/07/2007 PETITIONPE John Bruce Thompson FILED AS "ADDITIONAL AMENDMENT/SUPPLEMENT 231665 BY: PE John RELIEF SOUGHT BY Bruce Thompson 231665 PETITION FOR WRIT OF MANDAMUS" (O&7) (DENIED, SEE ORDER DATED 07/13/07) 05/16/2007 PETITIONPE John Bruce Thompson FILED AS "ADDITIONAL AMENDMENT/SUPPLEMENT 231665 BY: PE John RELIEF SOUGHT BY Bruce Thompson 231665 PETITION FOR WRIT OF MANDAMUS" (O&7) (DENIED, SEE ORDER DATED 07/13/07) 07/11/2007 PETITION-MANDAMUS PE John Bruce Thompson (O&7) (NOT SERVED TO BAR Filed By Date Docketed Description 07/13/2007 07/17/2007 07/17/2007 07/18/2007 Filed By Notes 231665 BY: PE John COUNSEL OR REFEREE) Bruce Thompson 231665 ORDER-OTHER To the extent the Respondent SUBSTANTIVE DY seeks mandamus relief, the petition for writ of mandamus and supplements are denied because respondent has an adequate alternative legal remedy by way of a petition for review after the referee issues her report. See Huffman v. State, 813 So. 2d 10, 11 (Fla. 2000) (stating that in order to be entitled to a writ of mandamus, petitioner must show clear legal right to performance or requested act, that respondent has indisputable legal duty to perform that act, and that no other adequate remedy exists). To the extent the Respondent seeks prohibition relief, the petition and supplements are denied. See Fischer v. Knuck, 497 So. 2d 240, 242 (Fla. 1986) (stating "[a] verified motion for disqualification must contain an actual factual foundation for the alleged fear of prejudice[,]" and finding that the petitioner's subjective fears, as alleged, were not reasonably sufficient to justify a well-founded fear of prejudice); see also 5-H Corp. v. Padovano, 708 So. 2d 244, 248-49 (Fla. 1997). CERTIFICATE OF SERVICE BY: PE John Bruce Thompson (AMD) 231665 FOR PETITION FOR WRIT OF MANDAMUS FILED 07/11/07 (O&7) (BAR COUNSEL STILL NOT SERVED) MOTION-STAY (FSC PE John Bruce Thompson FILED AS PLAINTIFF'S PROCEEDINGS) 231665 BY: PE John MOTION FOR STAY OF Bruce Thompson 231665 DISCIPLINARY PROCEEDINGS PENDING DETERMINATION AS TO PETITION FOR WRIT OF MANDAMUS (O&7) (NOT SERVED TO BAR COUNSEL) PETITIONPE John Bruce Thompson FILED AS PLAINTIFF'S AMENDMENT/SUPPLEMENT 231665 BY: PE John PARTIAL LISTING OF Bruce Thompson 231665 HARMFUL ERRORS BY THE Date Docketed Description Filed By 07/20/2007 PETITIONPE John Bruce Thompson AMENDMENT/SUPPLEMENT 231665 BY: PE John Bruce Thompson 231665 07/20/2007 MOTION-DISMISS PE John Bruce Thompson 231665 BY: PE John Bruce Thompson 231665 07/20/2007 CERTIFICATE OF SERVICE (AMD) 07/23/2007 NOTICE PE John Bruce Thompson 231665 BY: PE John Bruce Thompson 231665 07/30/2007 PETITIONPE John Bruce Thompson AMENDMENT/SUPPLEMENT 231665 BY: PE John Bruce Thompson 231665 08/01/2007 CERTIFICATE OF SERVICE (AMD) 08/01/2007 PETITIONPE John Bruce Thompson AMENDMENT/SUPPLEMENT 231665 BY: PE John Bruce Thompson 231665 08/01/2007 PETITIONPE John Bruce Thompson AMENDMENT/SUPPLEMENT 231665 BY: PE John Bruce Thompson 231665 Notes FLORIDA BAR AND BY REFEREE TUNIS TO BE REMEDIED BY THIS COURT'S ISSUANCE OF A WRIT OF MANDAMUS (O&7) (NOT SERVED TO BAR COUNSEL) FILED AS PLAINTIFF'S ADDENDUM TO WRIT OF MANDAMUS PETITION (O&7) (NOT SERVED TO BAR COUNSEL OR REFEREE) FILED AS PLAINTIFF'S VERIFIED ADDENDUM TO WRIT OF MANDAMUS PETITION IN LIGHT OF GROSS MISCONDUCT BY DESIGNATED REVIEWER/BAR GOVERNOR BEN KUEHNE AND BY THE FLORIDA BAR and MOTION TO DISMISS ALL BAR COMPLAINTS (O&6) (NOT SERVED TO BAR COUNSEL) BY: PE John Bruce Thompson 231665 FOR PLEADINGS FILED 07/11/07, 07/17/07, 07/18/07, AND 07/20/07 FILED AS PLAINTIFF'S NOTICE OF DEADLINE FOR THE SUPREME COURT (O&7) FILED AS ADDITIONAL RELIEF SOUGHT BY PLAINTIFF BY WRIT OF MANDAMUS (O&7) BY: PE John Bruce Thompson 231665 FOR RESPONDENT'S "ADDITIONAL RELIEF SOUGHT BY PLAINTIFF BY WRIT OF MANDAMUS" FILED 07/30/07 FILED AS SUPPLEMENT TO PLAINTIFF'S PETITION FOR WRIT OF MANDAMUS (O&7) FILED AS "VERIFIED SUPPLEMENT TO PLAINTIFF'S PETITION FOR WRIT OF MANDAMUS [WARNING: THIS PLEADING HAS BEEN PREPARED AND SUBMITTED BY A LAWYER THAT THE FLORIDA BAR Date Docketed Description Filed By 08/02/2007 PETITIONPE John Bruce Thompson AMENDMENT/SUPPLEMENT 231665 BY: PE John Bruce Thompson 231665 08/03/2007 PETITION-PROHIBITION PE John Bruce Thompson 231665 BY: PE John Bruce Thompson 231665 08/03/2007 PETITIONPE John Bruce Thompson AMENDMENT/SUPPLEMENT 231665 BY: PE John Bruce Thompson 231665 Notes ALLEGES IS INSANE]" FILED AS VERIFIED SUPPLEMENT TO PLAINTIFF'S PETITION FOR WRIT OF MANDAMUS (W/ATTACHMENT) (O&7) FILED AS VERIFIED SUPPLEMENT TO PLAINTIFF'S PETITION FOR WRIT OF MANDAMUS AND/OR PETITION FOR WRIT OF PROHIBITION (W/ATTACHMENT) (O&7) FILED AS VERIFIED SUPPLEMENT TO PLAINTIFF'S PETITION FOR WRIT OF MANDAMUS AND/OR PETITION FOR WRIT OF PROHIBITION (O&7)

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