The Justice Network
Eugene P. Castagliuolo
Eugene P. Castagliuolo
Florida Bar ID Number 104360
CASTAGLIUOLO LAW GROUP, P. A.
Wells Fargo Building, 3rd Floor
801 West Bay Drive
Largo, Florida 33770-3269
Phone: (727) 712-3333
E-Mail: AttorneyEPC@yahoo.com
www.CastagliuoloLawGroup.com
Maria E. Castagliuolo
Florida Bar ID Number 71607
Office of the Public Defender, 13th Circuit
Law Offices of Julianne M. Holt
700 E Twiggs Street
Tampa, Florida 33602-4019
Phone: (813) 272-5980
Website: pd13.state.fl.us/
Florida Supreme Court, June 9, 2012
Gillespie Petition Writ of Mandamus, FL [...]
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Representation by Eugene P. Castagliuolo
AFFIDAVIT, NJG, re Castagliuolo Jun-06-1[...]
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IN THE SUPREME COURT OF THE
STATE OF FLORIDA
NEIL J. GILLESPIE
Petitioner, Case No.: SC11-1622
Lower Tribunal No(s).:
2D10-5197,
05-CA-7205
vs.
BARKER, RODEMS & COOK, P.A. and
WILLIAM J. COOK,
Respondents.
________________________________________/
AFFIDAVIT OF NEIL J. GILLESPIE
Representation by attorney Eugene P. Castagliuolo, FL Bar ID 104360
I, Neil J. Gillespie, under oath, testify as follows:
1. My name is Neil J. Gillespie, and I am over eighteen years of age. This affidavit is given on personal knowledge unless otherwise expressly
stated.
2. Circuit Judge James Arnold issued an arrest warrant for me June 1, 2011 for civil contempt on a writ of bodily attachment sought by the Respondents,
my former lawyers, in the above captioned litigation, for allegedly failing to attend a deposition. The Public Defender was appointed to represent me but Judge Arnold relieved counsel immediately
prior to the contempt hearing and I had no representation.
3. On June 3, 2011 I hired attorney Eugene P. Castagliuolo from an ad on Craigslist (Exhibit 1) to prepare and represent me at the above referenced deposition. Castagliuolo responded to my Craigslist ad by email June 2, 2011 at 11.43 p.m. and wrote:
"Funny thing is.....my clients love me at depos, because I'm not very nice to my adversaries. I behave legally and ethically, but to me, it's like a street
fight, and I act accordingly."
"My number is below. Whether you call me or not, I wish you all the best.....Eugene"
Mr. Castagliuolo’s email states that the Castagliuolo Law Group is a debt relief agency helping people to file for bankruptcy relief. (Exhibit 2). A copy of our $1,000 flat fee agreement is attached as Exhibit 3.
I paid Mr. Castagliuolo the full $1,000 flat fee in advance from my monthly disability income, and signed the agreement at his Clearwater office. The flat fee agreement
states:
"Representation limited to preparation for and attendance at deposition, the date of which has yet to be determined." Exhibit 3.
Exh 1, 2011, 06-02-11, Craigslist ad.pdf
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Exh 2, 2011, 06-02-11, Castagliuolo init[...]
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Exh 3, 2011, 06-03-11, receipt for $1,00[...]
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4. Mr. Castagliuolo failed to disclose a conflict with his daughter, attorney Maria E. Castagliuolo who works for The Law Offices of Julianne M. Holt, Public Defender of the Thirteenth Judicial Circuit. The Public Defender was appointed to represent me before Judge Arnold June 1, 2011 for civil contempt but was hostile toward me as set forth in Exhibit 4, Notice of Conflict. Ms. Holt refused to acknowledge the conflict in an email to me July 18, 2011. Mr. Castagliuolo responded to me by email July 19, 2011 stating in part:
"Mr. Gillespie, I have just learned that you have contacted the employer of a member of my family. As soon as I finish typing this message, I am leaving my
office to personally report your crime to the nearest substation of the Pinellas County Sheriff's Office."
My request for disclosure of conflict with the Public Defender was lawful. Maria Castagliuolo was promoted in her job shortly after her father secured a settlement
agreement benefiting the Thirteenth Judicial Circuit, Florida in my lawsuit.
Exh 4, Exhibit, Public Defender, Castagl[...]
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5. I have diabetes type II adult onset, and other disabilities, and gave notice of my disabilities to Mr. Castagliuolo by email June 4, 2011 at 7.50 p.m. with PDF copies of the following seven (7) ADA disability related documents: (Exhibit 5)
Plaintiff's Accommodation Request, ADA, February 20, 2007
Plaintiff's Amended Accommodation Request, ADA, March 5, 2007
Dr. Karin Huffer, ADA Assessment & Report, February 17, 2010
Gillespie ADA request, 13Juducial Circuit, February 19, 2010
Notice of Filing, ADA request of Gillespie, February 19, 2010
Dr. Huffer's letter, re Gillespie’s disability, no ADA October 28, 2010
Verified Notice of Filing Disability Information Gillespie, May-27-11
Mr. Castagliuolo was aware of my disabilities but failed to seek reasonable disability accommodations for me during the June 21, 2011 deposition.
Exh 5, 2011, 06-04-11, email 7.50pm, NJG[...]
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6. Mr. Castagliuolo complained that Mr. Rodems and his staff failed to cooperate with him. Castagliuolo’s email to Rodems Monday, June 6, 2011 at 2:29 p.m.: (Exhibit 6)
"Dear Mr. Rodems:
Please be advised that I've been hired for a limited purpose by Mr. Neil Gillespie relative to the above-specified case. This will also confirm the telephone
message I left with your paralegal, Susan, a few minutes ago.
I would like to discuss this case with you at your earliest convenience. Probably the best time to reach me would be tomorrow from around 11 AM to approximately
12:30 PM. If that time frame works for you, I shall look forward to hearing from you then.
Thank you............Eugene"
Exh 6, 2011, 06-06-11, email 2.29pm Cast[...]
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Mr. Rodems did not respond to Castagliuolo, so he sent Rodems another email Thursday, June 9, 2011 at 12.46 p.m.: (Exhibit 7)
"Dear Mr. Rodems:
I telephoned and e-mailed you on June 6, 2011 regarding the above-specified case. I also spoke with your paralegal, Susan, on that same date, and again
approximately 45 minutes ago. I have not yet had the pleasure of your response.
Perhaps I can make my request a lot more simple: I am requesting a copy of the writ which apparently was docketed on June 1, 2011 (Mr. Gillespie has not received
a copy of same). If you or your assistant would be so kind so as to attach a copy to an e-mail and shoot it over to me I would be most appreciative.
I am looking forward to your response. Thank you............Eugene"
Exh 7, 2011, 06-09-11, email 12.46pm Cas[...]
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Mr. Rodems continued his refusal to cooperate with Mr. Castagliuolo, who in turn became angry as shown in his escalating emails to me. On Friday, June 10, 2011 at 3:43 p.m. Mr. Castagliuolo sent email to me stating "Last but not least, Rodems' useless assistant put me into his voicemail, where I left a professional but unhappy message."
7. On Tuesday, June 14, 2011 at 7:46 p.m. (and at other times) Mr. Castagliuolo offered me a plan for bankruptcy: (Exhibit 8)
"As for a new agreement, this is my suggestion. Give me another $1,000.00 on July 1, and I won't take another dime from you. Consider it a flat fee to get you
out from under this writ (BUT WITHOUT entering an appearance in this state court case) and/or to file a Chapter 7 bankruptcy for you. The only other things you would have to pay for if we go the
bankruptcy route(and these are NOT my fees, they are costs) is the filing fee of $299.00, a credit report fee of $30.00, and the credit counseling fee(s) which will be at most $80.00 (sometimes you
can find a cheaper vendor). Based on what I know right now about your case, your debt to this asshole Rodems would be discharged in your Chapter 7 bankruptcy, and he would get NOTHING from
you."
I agreed to bankruptcy and provided Mr. Castagliuolo a copy of "Assignment of Unliquidated Lawsuit Proceeds" (Exhibit 9) prepared in 2008 by attorney Jeffery Shelquist
who did research and believed the assignment would survive my filing for bankruptcy, and allow the case to continue for adjudication on its merits. Mr. Castagliuolo did not mention bankruptcy
again.
Exh 8, 2011, 06-14-11, 19.46 email, Cast[...]
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8. Mr. Castagliuolo failed to disclose that he has "mental problems" when I retained him. During a telephone call with me June 14, 2011 at 12:38 p.m. Castagliuolo stated:
"You know, I don't make any judgments about people based on what their mental problems are. Because if you -- if you're going to measure people by that yardstick
then I'm not going to pass the test either."
(Exhibit 10, Transcript, pages 7-8, line 23)
Exh 10, phone call, Castagliuolo mental [...]
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Mr. Castagliuolo notified me by email Monday, June 13, 2011 at 2:14 p.m.:
"Please also be aware, well in advance, that I will be out of the office the last week of July and the first week of August. Probably more time because they just
found a lesion on my kidney. This is how it started for my brother, and it ended with him being dead at age 45. So I don't walk around afraid, that's not my style, but let's just say I'm concerned.
All the more reason why I want to get this writ off your back ASAP."
(Exhibit 11)
Exh 11, email, Castagliuolo kidney, June[...]
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Mr. Castagliuolo notified me by email June 15, 2011 10:03 p.m. that he planned to argue his own "health issues" to Judge Arnold at the hearing the next day:
"The game plan is this: "Judge, I've prevailed upon Mr. Gillespie to appear for a deposition. Due to his health issues and my health issues, I am requesting 60
days to get this done. Will you please vacate/quash the writ, with a specific instruction to law enforcement to rescind the warrant ?"" (Exhibit 12)
I believe Mr. Castagliuolo’s disabilities prevented him from effectively representing me. On June 21, 2011 Mr. Castagliuolo was distracted over the health of a child,
possibly a family member, and was mumbling in fragmented speech to himself about the matter.
Exh 12, email, EPC to NJG, HIS HEALTH IS[...]
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9. Mr. Castagliuolo complained that he was not earning his usual hourly rate of $295 per hour under our flat fee agreement. At one point Castagliuolo demanded $5,000 from me. Mr. Castagliuolo became more and more angry, so I terminated him as counsel by email June 9, 2011 at 12.44 p.m. Mr. Rodems was not cooperating with Castagliuolo which added time and difficulty to the representation. In response Mr. Castagliuolo threatened me by email Thursday, June 09, 2011 at 12:51 p.m.: (Exhibit 13)
"Dear Mr. Gillespie:
Under no circumstances will I be refunding any fee paid to me by you on Friday, June 3, 2011. In that you have discharged me as your attorney, please do not
contact me again by any manner whatsoever except through counsel.
Should you insist in contacting me again without the assistance of counsel, I shall immediately report your contact to law enforcement and I shall prosecute you
to the full extent of the criminal law. I'm a former prosecutor, so If you think I'm bluffing, please try me.
YOU HAVE BEEN FOREWARNED. CONDUCT YOURSELF ACCORDINGLY.
Eugene P. Castagliuolo"
Exh 13, email, EPC to NJG, THREAT, fired[...]
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10. Mr. Castagliuolo sent me another email June 9, 2011 at 1.16 p.m. apologizing for his threat made 29 minutes earlier. (Exhibit 14). Castagliuolo refused to refund any portion of my fees. Since an active arrest warrant was outstanding against me, I had no viable alternatives to hire other counsel, and consented to Castagliuolo’s later requests for a promise of more money. Castagliuolo also wrote:
"I want to get this guy off your back, but as you know well by now, the wheels of justice move slowly. What's more, Rodems has not even extended me the
professional courtesy of returning my telephone calls. So if you want me to help you, we'll have to do it another way. But it all starts with obtaining a copy of that writ." (Exhibit
14)
Mr. Rodems was not cooperating with counsel. Castagliuolo claimed was not able to obtain a copy of the writ of bodily attachment.
Exh 14, Castagliuolo apology, 1.16pm, Ju[...]
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11. Mr. Castagliuolo notified me by email Wednesday, June 15, 2011 at 7:43 p.m. that he would no longer represent me after the hearing June 16, 2011 to vacate the writ of bodily attachment. (Exhibit 15). Castagliuolo wrote in part:
"My sole role tomorrow, after which I shall be finished as your lawyer, shall be to do my utmost best to prevail upon the kindness of Judge Arnold to vacate the
writ and resultant arrest warrant….Tomorrow, I will be your staunch advocate, but after tomorrow, my role in this matter will be over."
Exh 15, email, Castagliuolo to NJG, FINI[...]
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12. I voluntarily appeared June 21, 2011 for a deposition at the Edgecomb Courthouse in Tampa to purge the civil contempt and rescind the arrest warrant. Mr. Castagliuolo arrived separately. I was taken into custody and involuntarily confined by two Hillsborough County Sheriff’s Deputies, Deputy Randy Olding and Deputy Larry Berg, for the duration of the deposition. I was not given anything to eat during the time I was involuntarily confined. The deposition went from about 10:30 a.m. through approximately 3:00 p.m. and did not break for lunch. My last meal was at McDonald’s, about 20 minutes before arriving at the Twiggs Street Garage across from the courthouse at 6:47 a.m.
13. On June 21, 2011 I was talking the following medication prescribed by my doctor:
a. Lisinopril 20mg, one a day for high blood pressure.
b. Hydrochlorothiazide 25mg, one a day for high blood pressure.
c. Metformin 1000 MG, one twice a day for type 2 diabetes. (Note: Metformin
was insufficient to control my diabetes, and on September 29, 2011 my doctor prescribed Glipizide, 5 mg, one twice a day, in addition to Metformin).
14. The June 21, 2011 deposition transcript shows at page 118:
21 [GILLESPIE] I need to use the restroom again.
22 MR. CASTAGLIUOLO: Let's take a break.
23 (Recess from 1:41 p.m. to 2:12 p.m.)
At 1:41 p.m. I felt the urge to urinate and went to the restroom flanked by Deputy Randy Olding and Deputy Larry Berg. However I was unable to urinate. One of the
deputies knocked on the door and asked if I was all right. I felt cold and confused and left the restroom without urinating and returned to the deposition room.
15. When I returned from the restroom, Mr. Rodems made a number of threats to me in response to a question from Mr. Castagliuolo to Rodems about how long the deposition would continue and whether I would be incarcerated that night. Ms. Himes, the court reporter, was present while Mr. Rodems threatened me, but she did not report this in the transcript. My recollection of Mr. Rodems’ threats is memorialized in paragraph 27 of "Plaintiff Neil J. Gillespie’s Motion To Strike Or Set Aside Mr. Rodems’ Notice of Assignment Of Claims And Motion For Dismissal of Action With Prejudice, and Motion To Strike Or Set Aside Settlement Agreement And General Mutual Release" submitted June 30, 2011 in Gillespie v. Thirteenth Judicial Circuit, Florida, et al, Case No. 5:10-cv-00503, US District Court, Middle District of Florida, Ocala Division [Docket 33]:
"Mr. Rodems also launched a new round of threats against Gillespie. Mr. Rodems stated that he had accumulated 130 hours of attorneys fees responding to Gillespie’s pleadings that Rodems considered inappropriate. Rodems said he would seek sanctions against Gillespie for 130 hours of attorneys fees. In the past the Court awarded Mr. Rodems $11,550 in sanctions at $350 per hour in attorney’s fees for Gillespie’s discovery errors and a misplaced defense of economic loss to Rodems’ libel counterclaim (at footnote 26, The libel counterclaim was an abuse of process, which Rodems later dismissed.) Based upon Rodems’ threat, 130 hours of sanctions would amount to $45,500. Mr. Rodems also threatened something about bringing the Marion County Sheriff to Gillespie’s home in his effort to collect a judgment for attorney’s fees. And Rodems made reference to Gillespie wearing "orange pajamas" issued by the HCSO. The details of the threats were not clear to Gillespie because he was disoriented and Rodems was yelling at a fast pace."
16. Mr. Castagliuolo asked to go off the record, page 131, line 4 to discuss the removal of my disability information from the court file. A recess from 2:24 p.m. to 2:57 p.m. was reported by Ms. Himes, page 131, line 6. Another closed-door hearing was held in Judge Arnold’s chambers attended only by the Judge, Mr. Rodems and Mr. Castagliuolo. The hearing was not reported by Ms. Himes. When Mr. Castagliuolo returned from the hearing, he told me the case has gone on too long and "Judges have mud on their shoes". This was not reported by Ms. Himes. Mr. Castagliuolo did not further explain his bizarre comment, but it appeared Castagliuolo was threatened or intimidated during the closed-door hearing, and his demeanor worsened.
17. I was confused and signed a "walk-away" settlement agreement while in a diminished state June 21, 2011. Once I was released from custody, left the courthouse, and had a meal, my senses returned and I realized that signing the settlement agreement was a mistake. I promptly gave written notice that I disaffirmed the settlement agreement to Mr. Rodems, Mr. Castagliuolo and HCSO Major Livingston.
18. Mr. Castagliuolo refused to discuss the deposition or settlement agreement after I left the courthouse June 21, 2011. Instead Castagliuolo demanded that I pay him $1,000 on July 1, 2011.
19. Mr. Castagliuolo threatened me by email Thursday, June 30, 2011 at 5:01 p.m. in response to receiving court documents in the federal lawsuit, case 5:10-cv-00503, docket items 33 and 34. Mr. Castagliuolo wrote:
"Was able to see a small part of 2nd attachment. My response to the Court will be forthcoming next week. From this point forward, communicate with me only via US
Mail. Any other form will be reported to Marion County Sheriff as criminal harassment, & trust me, I will prosecute." (Exhibit 16).
Mr. Castagliuolo sent me another email Friday, July 01, 2011 at 11:37 a.m. stating "My response to the foregoing pleadings is being mailed to you via certified mail
today"
Exh 16, email, Castagliuolo to NJG, THRE[...]
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20. Mr. Castagliuolo threatened me in a letter dated July 1, 2011 with criminal prosecution under section 812.012(6)(b), Florida Statutes, and section 772.11 Florida Statutes (2011). Castagliuolo’s threat was sent by USPS Certified Mail, Article No. 7009-2820-0000-5183-3510. (Exhibit 17). Castagliuolo wrote:
"YOU ARE HEREBY NOTIFIED that you have obtained professional services from me by false pretenses, fraud, and/or deception, in violation of Florida Statute
812.012(6)(b), for which you owe me $1,000.00, as you promised and agreed to pay me. Section 772.11 Florida Statutes (2011) permits me to make claim against you for triple the amount of damages
sustained by me by my deprivation by you of the sum total of $1,000.00. TRIPLE THE SUM OF $1,000.00 IS $3,000.00.
This is my demand that you pay me the sum of $1,000.00 within 30 days after your receipt of this notice." (Exhibit 17)
Exh 17, Castagliuolo Civil Theft Notice,[...]
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21. Pro bono counsel Danialle Riggins of Ocala, Florida, referred to me unofficially by NAMI, the National Alliance on Mental Illness, advised me that Castagliuolo’s threat of criminal prosecution was not legitimate and that I did not violate any criminal statutes. In turn I notified Mr. Castagliuolo by certified letter. (Exhibit 18).
Exh 18, NJG response to Castagliuolo Civ[...]
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22. Mr. Castagliuolo threatened me again by certified letter dated August 5, 2011, a copy of which is attached as Exhibit 19.
"Dear Mr. Gillespie:
Pursuant to the Civil Theft Notice which was served upon you via Certified Mail, Return Receipt Requested, on July 5, 2011, you had thirty (30) days thereafter
to comply with the demand contained in said Notice. Accordingly, your compliance was required no later than August 4, 2011. Today is August 5, 2011, and you have failed to comply. Furthermore, you
faxed me a letter yesterday in which you stated explicitly that you "decline payment." Therefore, given the foregoing facts and circumstances, my Civil Theft Claim against you has been perfected, and
you are now indebted to me in the amount of $3,000.00 (THREE THOUSAND DOLLARS).
You can count on me to aggressively pursue collection of that sum from you. However, in an effort to avoid further litigation and to put a permanent end to our
relationship, I am making a one-time, non-negotiable settlement offer to you, as follows: I will accept $500.00 from you in full satisfaction of my claim against you for attorneys' fees due and
owing, as long as I am in receipt of said sum on or before November 11, 2011. This expansive deadline for acceptance is designed to give you plenty of time to accumulate that
sum.
You can accept my offer by simply tendering $500.00 to me on or before November 11, 2011. If you fail to do so, then you will have rejected my offer, and in that
event, I shall file suit against you to recover the full $3,000.00 that you owe me on Monday, November 14,2011. I have been very successful collecting unpaid attorneys' fees, and I am quite confident
that I will be equally successful obtaining a judgment against you. If you think I'm bluffing, try me.
OTHER THAN TO ACCEPT MY OFFER AS SPECIFIED ABOVE OR TO CONTACT ME THROUGH YOUR ATTORNEY, YOU ARE HEREBY WARNED NOT TO CONTACT ME YOURSELF VIA ANY MANNER
WHATSOEVER. YOU ARE FURTHER WARNED THAT I SHALL TAKE APPROPRIATE ACTION IF I SHOULD SEE ANYTHING ABOUT ME ON YOUR RIDICULOUS WEBSITE. YOU HAVE BEEN WARNED. CONDUCT YOURSELF
ACCORDINGLY.
Sincerely,
EUGENE P. CASTAGLlUOLO" (Exhibit 19)
Exh 19, cert letter, Castagliuolo, Aug-0[...]
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23. Mr. Castagliuolo threatened me again by email August 12, 2011 at 12:10 p.m. on the mistaken belief that I was "hiding from the mailman" because I was not home to sign for the certified letter cited above from Castagliuolo with threat of a lawsuit: (Exhibit 20)
"Dear Mr. Gillespie:
As I anticipated, you're cowering in your house behind masked windows, hiding from the mailman, and refusing to accept my certified mail. No worries, I'm
flexible and resourceful, so please find it attached to this e-mail.
Oh, and by the way, I have instructed the support staff in my building to refuse your certified mail. Similarly, you are hereby advised that you are not to ever
again send me ANYTHING via facsimile transmission. Should you persist in doing so, I will report your willful ignorance of my demand to the Pinellas County Sheriff's Office.
Thank you." (Exhibit 20)
I retrieved the letter from the post office in a timely manner.
Exh 20, Castagliuolo final threats, insu[...]
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24. It appears Mr. Castagliuolo himself does not understand the terms of the so-called "walk away" settlement agreement that he recommend I sign June 21, 2011 while confused and in a diminished state. The agreement appears to preclude his claims against me.
FURTHER AFFIANT SAYETH NAUGHT.
Dated this 6th day of January 6, 2012.
______________________________
NEIL J. GILLESPIE
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