APPELLANT'S MOTION, 3/29/00

ABORTION INDUSTRY IN MELBOURNE, FLORIDA
LAWSUITS
RANEY V MELBOURNE
DOCKET / CHRONOLOGICAL FILE
APPELLANT'S MOTION, 3/29/00

Appeal No. 00-11403-B

In The UNITED STATES COURT OF APPEALS
ELEVENTH CIRCUIT

MEREDITH T. RANEY, JR.
Appellant,

vs.

CITY OF MELBOURNE, FLORIDA
Appellee.

ON APPEAL FROM THE UNITED STATES DISTRICT COURT,
MIDDLE DISTRICT OF FLORIDA, JUDGE PATRICIA FAWSETT,
NUMBER 6:99-CV-416-ORL-19B

MOTION TO RESTRICT RECORD ON APPEAL TO THOSE DOCUMENTS LISTED ON THE ATTACHED COPY OF THE DOCKET OF THE DISTRICT COURT

CHRISTOPHER F. SAPP
Post Office Box 1012
Lehigh Acres, Florida 33970
(941) 368-3922
Florida Bar Number 0097823
Attorney for Appellant

CERTIFICATE OF INTERESTED PERSONS AND CORPORATE DISCLOSURE STATEMENT

Adams, Henry Lee, Jr., U.S. District Judge presiding in Sienkiewicz v. Hart.[6]

Allstate Floridian Insurance Company, Plaintiff in Allstate v. Raney.[1]

Allstate Insurance Company, Plaintiff in Allstate v. Raney.[1]

Aware Woman Center for Choice, Inc., Appellee/Defendant in Roe, II and Aware Woman Center for Choice, Inc.[3] and in Raney v. Aware Woman;[4] also, Plaintiff in Aware Woman v. Raney,[7] along with other Plaintiffs with fictitious names, proceeding anonymously, and Defendant in Allstate v. Raney[1] and also a Plaintiff in Manhattan Magnolia Corp. v. Unterburger.[9]

Babyack, Jill , Manager of Ft. Myers Women's Health Center, Inc., Defendant in Sienkiewicz v. Hart.[6]

Block, Jack, Esquire, Attorney for Appellees/Defendants in NOW v. Scheidler.[2]

Branin, Sharon, Individually and on behalf of the classes of patients, staff, physicians, invitees, guests, and independent contractors of Manhattan Magnolia Corp., Defendant in Allstate v. Raney[1] and a Plaintiff in Manhattan Magnolia Corp. v. Unterburger.[9]

Brejcha, Thomas, Esquire, of the Thomas More Society, attorney for Appellants/Defendants in N.O.W. v. Scheidler[2]

Clayton, Fay, Esquire, Attorney for Plaintiffs/Appellees in N.O.W. v. Scheidler[2]

Clinton, William J., President of the United States and Defendant in Sienkiewicz v. Hart.[6]

Compuserve, Incorporated, a corporation doing business in Florida, A Defendant in Manhattan Magnolia Corp. v. Unterburger .[9]

Coar, David H., U.S. District Judge presiding in N.O.W. v. Scheidler.[2]

Dean, Horace "Ed", Sheriff-Marion County, Defendant in Ocala Women's Center, Inc. v. City of Ocala.[8]

Dean, Ringers, Morgan and Lawton PA, Law firm of Lamar D. Oxford.

Deen, Morrey, Chief of Police of City of Ocala and a Defendant in Ocala Women's Center, Inc. v. City of Ocala.[8]

Delaware Women's Health Organization, Inc., Plaintiff in N.O.W. v. Scheidler.[2]

Doe Corporations 1-X, their agents, assigns, collaborators, accomplices, confederates, aiders & abbettors, successors in interest, those acting in concert or participating with them, and the class of individuals and entities similarly situated as to the named defendants, Defendants in Manhattan Magnolia Corp. v. Unterburger.[9]

Doe, Jane & Moes 1-X, Defendants in Manhattan Magnolia Corp. v. Unterburger.[9]

Doe, John & Moes 1-X, Defendants in Manhattan Magnolia Corp. v. Unterburger.[9]

Does, Jane 1-X, Defendants in Ocala's Women's Center, Inc. v. City of Ocala.[8]

Does, John 1-X, Defendants in Ocala's Women's Center, Inc. v. City of Ocala.[8]

Doyle, Conal, Attorney for Sheriff of Lee County, Defendant in Smith v. McDougall.[5]

Egherman, William P., M.D. Appellee/Defendant in Roe, II v. Aware Woman Center for Choice, Inc.[3]; potential member of Plaintiff Class in Aware Woman v. Raney,[7] together with other Plaintiffs who are proceeding anonymously, and Defendant in Allstate v. Raney.[1]

England, Susan, Attorney for Defendants in Raney v. Aware Woman.[4]

Ergle, Ken, Former sheriff of Marion County and a Defendant in Ocala Women's Center, Inc. v. City of Ocala.[8]

Falvey, Carol A., Attorney for Horace "Ed" Dean, Sheriff of Marion County, in Ocala Women's Center, Inc. v. City of Ocala.[8]

Fawsett, Patricia C., U.S. District Judge, Middle District of Florida, presiding in this case and in Roe, II v. Aware Woman Center for Choice, Inc.[3] and also Raney v. Aware Woman Center For Choice, Inc.[4]

Fort Myers Women's Health Center, Inc , Defendant in Sienkiewicz v. Hart.[6]

Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Law firm of Conal Doyle.

Frese, Nash & Torpy, P.A., Law firm of Vincent G. Torpy, Jr. and Lisa Hogreve.

Gilligan, Patrick G., Attorney for City of Ocala and Morrey Dean, Chief of Police of the City of Ocala, in Ocala Women's Center, Inc. v. City of Ocala.[8]

Hart, Larry, Police Chief of Fort Myers, Florida and Defendant in Sienkiewicz v. Hart.[6]

Herzog, Michelle, A Defendant in Manhattan Magnolia Corp. v. Unterburger.[9]

Hirsh & Heuser, Law firm of Michael R. Hirsh.

Hirsh, Michael R., Attorney for Plaintiff in Raney v. Aware Woman.[4]

Hodges, William Terrell, U.S. District Judge, Middle District of Florida presiding in Ocala Women's Center, Inc. v. City of Ocala.[8]

Hogreve, Lisa, Attorney for Defendants in Raney v. Aware Woman Center For Choice, Inc.[4]

Hurley, Daniel T.K., U.S. District Court Judge, Southern District of Florida, presiding in Manhattan Magnolia Corp. v. Unterburger.[9]

Jolly, John W., Jr., Attorney for Ken Ergle, former Sheriff of Marion County, in Ocala Women's Center, Inc. v. City of Ocala.[8]

LaVigna, Wendy, Defendant in Allstate v. Raney and Plaintiff in Manhattan Magnolia Corp. v. Unterburger.[9]

LeStourgeon, William, Defendant in Manhattan Magnolia Corp. v. Unterburger.[9]

Love, Sara N., Of the Feminist Majority Foundation and attorney for Appellees/Plaintiff in NOW v. Scheidler[2]

Lucas, Roy , Attorney for Appellees/Defendants in Raney v. Aware Woman Center For Choice, Inc.[4]; for Plaintiffs in Aware Woman v. Raney[7], and all Defendants other than Meredith T. Raney, Jr in Allstate v. Raney[1], also attorney for Plaintiffs in Ocala Women's Center, Inc. v. City of Ocala[8] and attorney for Manhattan Magnolia Corp. et al. in Manhattan Magnolia Corp. v. Unterburger.[9]

McEwen, Patricia, A Defendant in Manhattan Magnolia Corp. v. Unterburger.[9]

Marion, County of, A Defendant in Ocala Women's Center, Inc. v. City of Ocala.[8]

Manhattan Magnolia Corp., A Florida corporation, t/a Aware Woman Medical Center, Defendant in Allstate v. Raney[1] and Plaintiff in Manhattan Magnolia Corp. v. Unterburger.[9]

Marino, John P., Attorney for TML Services, Inc. in Manhattan Magnolia Corp. v. Unterburger.[9]

Martin, James Edward, Sr., A Defendant in Ocala Women's Center, Inc v. City of Ocala.[8]

Maxwell, George W., Florida Circuit Judge presiding in Allstate v. Raney.[1]

Melbourne, City of, Appellee/Defendant in this case.

Menyhart, Andrew, Attorney for Appellees/Defendants Aware Woman Center For Choice, Inc., Patricia B. Windle and Edward W. Windle, Jr. in Roe, II v. Aware Woman Center for Choice, Inc.[3] and all Defendants other than Meredith T. Raney, Jr. in Allstate v. Raney.[1]

Moritz, Ellen, Defendant in Allstate v. Raney[1] and a Plaintiff in Manhattan Magnolia Corp. v. Unterburger.[9]

Murphy, Timothy , Defendant in N.O.W. v. Scheidler[2]

National Organization of Women (N.O.W.), Plaintiff in N.O.W. v. Scheidler.[2]

National Organization of Women (N.O.W.), Florida Chapter.

Nelson, Frederick, Attorney for Defendants, Raymond Unterburger, Cheryl Unterburger, Eric Olson, Meredith Raney, Patricia McEwen, William LeStourgeon, John "Jay" Rogers, Richard Vanderbilt, Patricia Vanderbilt and Michelle Herzog in Manhattan Magnolia Corp. v. Unterburger[9] and Defendant Meredith T. Raney, Jr. in Ocala Women's Center, Inc. v. City of Ocala.[8]

Nimmons, Ralph W., Jr., U.S. District Judge presiding in Smith v. McDougall.[5]

Ocala Women's Center, Inc., A Florida corporation and Plaintiff in Ocala Women's Center, Inc. v. City of Ocala.[8]

O'Connor & Meyers, P.A., Law firm of Lawrence M. Siff.

Olson, Eric, Defendant in Manhattan Magnolia Corp. v. Unterburger.[9]

Operation Rescue, Defendant in N.O.W. v. Scheidler.[2]

Oxford, Lamar D., Esq., Attorney for the Appellee/Defendant in this case.

Parker, Julius F., Jr., Attorney for John McDougall, individually, Defendant in Smith v. McDougall.[5]

Pendergraft, James S., M.D., Defendant and proposed class representative in Allstate v. Raney[1] also Plaintiff in Ocala Women's Center, Inc. v. City of Ocala.[8]

Pfau, Cheryl, Defendant in Allstate v. Raney[1] and a Plaintiff in Manhattan Magnolia Corp. v. Unterburger.[9]

Poe, Don, Fictitious name of a Plaintiff in Aware Woman v. Raney[7] and Defendant in Allstate v. Raney.[1]

Poe, Grandfather, Fictitious name of a Plaintiff in Aware Woman v. Raney[7] and a Defendant in Allstate v. Raney.[1]

Poe, Jane, 1-M (1-1,000), Fictitious name of a proposed Defendant class in Allstate v. Raney.[1]

Poe, John, 1-M (1-1,000), Fictitious name of a proposed Defendant class in Allstate v. Raney.[1]

Poe, Tiffany, Fictitious name of a Plaintiff in Aware Woman v. Raney[7], who is proceeding anonymously as are the two previous Poes and Defendant in Allstate v. Raney.[1]

Pro-Life Action League, Inc., Defendant in N.O.W. v. Scheidler.[2]

Ramsey, Richard E., Attorney for William P. Egherman, M.D., Appellee/Defendant in this case.

Raney, Meredith T., Jr., Plaintiff in this case, Defendant in Allstate v. Raney[1], Appellant/Plaintiff in Raney v. Aware Woman Center For Choice, Inc.[4], Defendant in Manhattan Magnolia Corp. v. Unterburger[9] and Defendant in Ocala Women's Center, Inc. v. City of Ocala.[8]

Reno, Janet, Attorney General of the United States and Defendant in Sienkiewicz v. Hart.[6]

Richard & Richard, PA, Local counsel for Manhattan Magnolia Corp. et al. in Manhattan Magnolia Corp. v. Unterburger.[9]

Richman, Michael, Esq., Attorney for Appellees/Plaintiffs in N.O.W. v. Scheidler[2]

Robinson, Curley, & Clayton, P.C., Attorney for Appellees/Plaintiffs in N.O.W. v. Scheidler[2]

Roe, Jane, II, Fictitious name of Appellant/Plaintiff in Roe, II v. Aware Woman Center for Choice, Inc.[3]

Rogers, John C. "Jay", Defendant in Manhattan Magnolia Corp. v. Unterburger.[9]

Rost, Scott, Attorney for Plaintiffs in Ocala Women's Center Inc. v. City of Ocala.[8]

Rowe, Scott P., Attorney for Plaintiff in Allstate v. Raney.[1]

Rumberger, Kirk & Caldwell P.A., Law firm of Scott P. Rowe and David B. Shelton.

Sachnoff & Weaver, Ltd., Attorneys for Appellees/Plaintiffs in N.O.W. v. Scheidler[2]

Sachnoff, Lowell, Esq., Attorney for Appellees/Plaintiffs in N.O.W. v. Scheidler[2]

Sapp, Christopher F., Attorney for Appellant/Plaintiff in this case; also for the Appellant/Plaintiff in Raney v. Aware Woman Center For Choice, Inc.[4]; also for Plaintiffs in Smith v. McDougall;[5] also for Plaintiff in Sienkiewicz v. Hart[6], also for Defendant Meredith T. Raney,Jr. in Allstate Insurance Company v. Raney[1] and Plaintiff in Roe, II v. Aware Woman Center for Choice, Inc.[3]

Scheeler, Charles P., Attorney for Defendant CompuServe, Inc. in Manhattan Magnolia Corp. Center, Inc. v. Unterburger.[9]

Scheidler, Joseph M., Defendant in N.O.W. v. Scheidler.[2]

Scholberg, Andrew, Defendant in N.O.W. v. Scheidler.[2]

Sharp, G. Kendall, U.S. District Judge, Middle District of Florida, presiding Aware Woman v. Raney.[7]

Shelton David B., Attorney for Plaintiffs in Allstate v. Raney.[1]

Sienkiewicz, Ray, Plaintiff in Smith v. McDougall and in Sienkiewicz v. Hart.[6]

Siff, Lawrence M., Attorney for Sphere Drake Insurance Company PLC and Westco Claims Management Services, Inc., Third Party Defendants in Raney v. Aware Woman.[4]

Smith, Robert, Plaintiff in Smith v. McDougall.[5]

Sphere Drake Insurance Company, PLC, Third Party Defendant in Raney v. Aware Woman.[4]

Staver, Mathew D., Attorney for Defendant Edward Martin in Ocala Women's Center Inc. v. City of Ocala.[8]

Stevens and Menyhart, P.A., Law firm of Andrew Menyhart.

Stevens, Sheldon D., Former Defense attorney in this case.

Summit Women's Health Organization, Inc., Plaintiff in N.O.W. v. Scheidler.[2]

TML Information Services, Inc, Corporate Defendant in Manhattan Magnolia Corp. v. Unterburger.[9]

Torpy, Vincent G., Florida Circuit Judge and Attorney for Defendants in Raney v. Aware Woman Center For Choice, Inc.[4]

Unterburger, Cheryl, Defendant in Manhattan Magnolia Corp. v. Unterburger.[9]

Unterburger, Raymond, Defendant in Manhattan Magnolia Corp. v. Unterburger.[9]

Vanderbilt, Patricia, a Defendant in Manhattan Magnolia Corp. v. Unterburger.[9]

Vanderbilt, Richard, a Defendant in Manhattan Magnolia Corp. v. Unterburger.[9]

Westco Claims Management Services, Inc., Third Party Defendant in Raney v. Aware Woman.[4]

Weber, Walter, Esq., Of the American Center For Law and Justice and attorney for Appellant/Defendant Operation Rescue in N.O.W. v. Scheidler[2]

Wicker, Smith, Tutan, O'Hara, McCoy, Graham & Ford, P.A., Law firm of Richard E. Ramsey.

Wilson, Charles R., Judge - United States Court of Appeals, Eleventh Circuit, Defendant in Sienkiewicz v. Hart.[6]

Windle, Edward W., Jr., Appellee/Defendant in this case and Appellee/Defendant in Raney v. Aware Woman Center for Choice, Inc.[4]; also, Plaintiff in Aware Woman v. Raney[7], together with other Plaintiffs using fictitious names in order to proceed anonymously. Defendant in Allstate v. Raney.[1]

Windle, Edward W. (Todd), III, Defendant in Allstate v. Raney[1] and a Plaintiff in Manhattan Magnolia Corp. v. Unterburger.[9]

Windle, Patricia B., Appellee/Defendant in this case and Appellee/Defendant in Raney v. Aware Woman Center for Choice, Inc.[4]; also, Plaintiff in Aware Woman v. Raney[7], together with other Plaintiffs using fictitious names in order to proceed anonymously and Defendant in Allstate v. Raney.[1]

Wright, Virgil W., III, Attorney for Marion County in Ocala Women's Center, Inc. v. City of Ocala.[8]

NOTES OF RELATED CASES ON TRIAL LEVEL

[1] Allstate Insurance Company and Allstate Floridian Insurance Company vs. Meredith T. Raney, Jr., et al., Eighteenth Judicial Circuit for Brevard County, Florida, Case Number 99-25178 CAD: a declaratory action regarding home owner's insurance coverage.

[2] NATIONAL ORGANIZATION FOR WOMEN, INC., and its women members and other women who use or may use the services of women's health centers that provide abortions; DELAWARE WOMEN'S HEALTH ORGANIZATION, INC., and SUMMIT WOMEN'S HEALTH ORGANIZATION, INC., on behalf of themselves and all other similarly-situated clinics, v. JOSEPH M. SCHEIDLER; ANDREW SCHOLBERG; TIMOTHY MURPHY; PRO-LIFE ACTION LEAGUE, INC., and OPERATION RESCUE, U.S. District Court for the Northern District of Illinois, Eastern Division, Case Number 86 C 7888: national injunction which provides for pro-life sidewalk counselors helping women approaching the entrances of abortion clinics. (See para. V.4.c.)

[3] Jane Roe, II v. Aware Woman Center For Choice, Inc., a Florida corporation, Edward W. Windle, Jr., Patricia B. Windle and William P. Egherman, M.D., U.S. District Court for the Middle District of Florida, Orlando Division, Case Number 99-850-CV-19A: F.A.C.E. action by a young woman who was held down to keep her from leaving Aware Woman by four assistants to the abortionist who then mutilated her internally. On appeal.

[4] Meredith T. Raney,Jr. v. Aware Woman Center For Choice, Inc., a Florida corporation, Edward W. Windle, Jr., Patricia B. Windle, U.S. District Court for the Middle District of Florida, Orlando Division, Case Number 97-1197-CIV-ORL-19-B: F.A.C.E. action for intimidation of sidewalk counselor at Aware Woman Center For Choice, Inc. currently on appeal to this United States Court of Appeals, Appeal No.: 99-14122-I.

[5] Robert Smith and Ray Sienkiewicz v. John McDougall, individually and as Sheriff of Lee County, Florida, et al., U.S. District Court for the Middle District of Florida, Fort Myers Division, Case Number 99-385-CIV-FTM-21: F.A.C.E. action against local sheriff whose violations of sidewalk counselors' rights was procured by federal officials.

[6] Ray Sienkiewicz v. Larry Hart, individually and as Chief of Police of Ft. Myers, Florida et al., U.S. District Court for the Middle District of Florida, Fort Myers Division, Case Number 2:00-CV-0057-FTM-25D. F.A.C.E. action against Chief of Police whose violations of sidewalk counselor's rights was procured by federal officials.

[7] AWARE WOMAN CENTER FOR CHOICE, INC., on its own behalf and for the class of patients, patient companions, staff, physicians, invitees, owners, and independent contractors, PATRICIA BAIRD WINDLE, EDWARD W. WINDLE, JR., TIFFANY POE, DON POE, GRANDFATHER POE, et al. v. MEREDITH T. RANEY, JR., et al. U.S. District Court for the Middle District of Florida, Orlando Division, Case Number 99-5-CV-ORL-19C. F.A.C.E. action brought by the staff and owners of the Aware Woman abortion clinic, including a patient and her relatives who are utilizing fictitious names to protect their privacy.

[8] OCALA WOMEN'S CENTER, INC., a Florida corporation, et al. v. CITY OF OCALA, FLORIDA, et al., U.S. District Court for the Middle District of Florida, Orlando Division, Case No.: 98-1358-CV-18C, transferred to Ocala Division, Case No.: 98-371-CIV-OC-10C. Injunction and class action relief sought by abortionist and his clinic against the City of Ocala and other government officials and pro-life persons.

[9] MANHATTAN MAGNOLIA CORP., a Florida corporation, t/a/ AWARE WOMAN MEDICAL CENTER; et al. v. RAYMOND UNTERBURGER, et al., U.S. District Court for the Southern District of Florida, Case No.: 98-8164-CIV- HURLEY. Various relief sought by abortion clinics and their owners and staff from several pro-life persons and other corporations and possible classes of individuals and corporations.

MOTION TO RESTRICT RECORD ON APPEAL TO THOSE DOCUMENTS LISTED ON THE ATTACHED COPY OF THE DOCKET OF THE DISTRICT COURT

The Appellant, Meredith T. Raney, Jr. hereby moves the United States Court of Appeals to enter an order restricting the Record on Appeal to those documents or papers listed on the attached copy of the docket maintained by the Clerk in the District Court for the Middle District of Florida in Case Number: 6:99-CV-416-ORL-19B, saying:

1. This Motion is brought pursuant to Federal Rules of Appellate Procedure 10(e)(3) which provides that certain questions as to the form and content of the record must be presented to the Court of Appeals.

2. According to Exhibit 1, which is attached hereto, same being the Order granting the Motion To Dismiss for the Defendant/Appellee and denying Plaintiff's Motion To Strike Insufficient Defenses and Other Matter entered in this action on March 9, 2000, the District Judge based her decision in part on "Defendant's Memorandum of Law to Plaintiff's Motion to Strike (Doc. No. 18, filed September 7, 1999)." (our emphasis). That decision is being appealed.

3. The aforesaid "Defendant's Memorandum of Law..." was never received by Plaintiff's counsel even though Local Rule 3.01(b) requires this Memorandum to be served and filed within ten (10) days after the motion to which it responds. Plaintiff's Motion had been served on May 20, 1999.

4. Not only was this "Defendant's Memorandum of Law..." never received by Plaintiff's counsel, there is no reference to this document on the Civil Docket for this case. Exhibit 2.

5. There is the appearance here that only the District Judge was privy to this document and that despite the District Judge's recitation in her order that this memorandum had been filed on September 7, 1999 (approximately three months late), it appears never to have been transmitted to the Clerk as required by Rule of Civil Procedure 5(e) which states:

Filing with the Court Defined. The filing of papers with the court as required by these rules shall be made by filing them with the clerk of court, except that the judge may permit the papers to be filed with the judge, in which event the judge shall note thereon the filing date and forthwith transmit them to the office of the clerk.

6. The District Judge refers to "Defendant's Memorandum of Law..." as "Doc. No 18". Not only has Document Number 18 not been received by Appellant's attorney, there is no such number on the Civil Docket in this case. The last number shown is Document Number 11 which is the Order appealed from. It is a matter of speculation as to the nature and existence of the unaccounted-for documents preceding Document Number 18 and subsequent to Document Number 11.

7. According to Rule of Appellate Procedure 11(a), it is the duty of the Appellant to do whatever is necessary to enable the clerk to assemble and forward the record. Thus it is appropriate for Appellant to bring this motion.

8. Appellant and his attorney had no actual knowledge of the existence of Document Number 18, "Defendant's Memorandum of Law..." before receipt of the order dated March 8, 2000.

9. Appellant maintains that it is a denial of due process for the District Judge to consider pleadings and papers which have not been served on Appellant's attorney and which have not been filed with the Clerk of the Court.

WHEREFORE, Meredith T. Raney, Jr., the Appellant, hereby requests that the United States Court of Appeals issue an order to the Clerk of the U.S. District Court for the Middle District of Florida to restrict the Record on Appeal to only those items prior to the Notice of Appeal which are designated as Document Numbers 1 through 11 on the Civil Docket for Case Number 6:99-CV-416-ORL- 19B, a copy of which is attached to this Motion as Exhibit 2.

Respectfully submitted,
Christopher F. Sapp (signed)
P. O. Box 1012
Lehigh Acres, Florida 33970
(941) 368-3922
Florida Bar Number 0097823
Attorney for Appellant/Plaintiff

CERTIFICATE OF SERVICE: I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail (priority service), postage prepaid, sent this 29th day of March, 2000 to Lamar D. Oxford, Esquire, Post Office Box 2928, Orlando, Florida 32802 and the original and three copies were dispatched to the Clerk this date by U.S. Mail (priority service).

Christopher F. Sapp (signed)
Attorney