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fX2 9R lO KV CTX Oo CTX A qr r?qr rq YY Lsy7H4 C,6E IL CTX U3 CTX J,O3_3xx qrM?r q?CX Y9/C 9CX CTX Y10Cy CX CX CX YC YY FV uTl bEWa ȓjJ-8 Gc G??Q9E 9Wq CTX CTX Up i I A 9_ qr qr YY D.X 7s F??Y bc3_c iH CTX CTX A qr 10Cy YY EMq 7H AY mK9Z BY A2 P6L N7 CTX CTX a I I i qr rC CTX CTX 7O I FMM qr qr i I I3 CTX Z6 I L(K4 P:u Z6P CTX y8 HEARING CA FLORIDA HOLDINGS vs DAVE ARONBERG June Page And I have read the voluminous paperwork Ive received paperwork as and five-minute ago from some of the other parties But I deeply appreciate the fact that you sent this to rhe so much in advance and I have been able to spend some time with as I said the voluminous paperwork that was provided But as know Ma 2am we are here for such an extremely limited issue today and that their motion to dismiss where they state youre suing the wrong people that the court has these records And so more importantly I want you to address whether Section gives you a private cause of action against the state attorney and the clerk Again Im going to assume the facts are true that are asserted in the motion Whether they are or not-because I think we can all agree were not for sure if they ever that the state attorney doesn 2t have these records So what is it youre seeking in Count not the dec action I know you want the records Ive got that But in Count II specifically what do you whats the relief youre seeking and more importantly how under this statute do you get to assert a private action a private cause of action against the state attorney and the Page clerk MS BOYAGIAN Your Honor we are aware of course that there is no expressed private right of action But that does not end the inquiry As the Florida Supreme Court stated 223Where a statute like forbids an act which is to Plaintiffs injury the party injured should have an action And thats the Smith Piezo case in the volume of materials that we sent you Theres no question here that the denial of the FIRST AMENDMENT right to the press is an injury which gives rise to a right of action Stated another way looking at the analysis that the Fischer Metcalf Court looked at there are three factors in determining whether there is a private right of action where a statute does not expressly provide for one One is whether the Plaintiff is part of the class for which the statute is intended to protect second is a legislative history and the third is the underlying purposes of the statutory scheme The first factor I already addressed that the press is part of the class that the statute is j-PageT intended to benefit being the surrogate of the public and exercising its first amendment right The second issue of legislative history and the purpose statutory purpose are somewhat related We were unable to find much legislative history on this issue of a private right of action under the statute There is nothing that says we intend to create a private action but theres certainly nothing that says we do riot want to create a private right of action What we do have is that in the same time that was reenacted a statute that pertains to the secrecy of State Grand Jury statewide grand juries was also enacted That provision which is has no exceptions for for revealing these records By contrast the legislature intentionally enacted with the Furtherance of Justice Exception If the public through the press cant bring a private right of action to enforce that exception or to seek relief under that exception that intentionally placed exception of furtheririg justice is essentially rendered hollow Speaking simultaneously Page THE COURT Okay Pause for a minute I don 2t think anybody is saying that there isnt a cause of action or that the press doesnt have standing Thats hot what Im asking you Im asking you how are the clerk and the state attorney the proper defendants So you know nowhere have I said there isnt a cause of action Clearly there is Im puzzled by the procedural posturing of this case naming the state attorney And you know Im further stymied by the fact that you allege in your complaint that they have particularly David Aronberg the State Attorney that he has these records But Im going to assume thats true So Im pot telling you you don 2t have a cause of action I 2m just saying okay let 2s run this all the way out Let 2s say you win and you get a judgment against the State Attorney Dave Aronberg What 2s he supposed to do with it He cant release the grand jury testimony He has nd authority whatsoever to do that MS BOYAGIAN Weil your Honor as you stated this is a motion to dismiss stage and we are entitled to discovery on the issue of possession ESQUIRE EsquireSolutions com CA/Arc 253lfflg Op022Q BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM HEARING CA FLORIDA HOLDINGS vs DAVE ARONBERG June age Page And I have read the volumip9us paperwork intended to benefit being thE surrogate of the Ive received paperwork as and five-minute ago public and exercising its first amendment right froryi some of the other parties But I eply The second issue of legislative history and the appreciate the fact that you sent this to rile so much in advance and hav_e been abJe to spend some me with as I said the voluminous paperwork that was provided But as you know Maam we 267are here for such an extremely limited issue today and that their motion to dismiss wh re they state yc,ure suing the y.,rong people";_ that the court has these records And so rriore importantly I want you to address whether Section gives you a private cause of action aga_inst the state attorney and the clerk Again Im going to assume the facts are true that are asserted in the motion Whether they are or not because I think we can all agree were not for sure if they ever that the state 267attorney doesnt have these records So what is it youre seeking in Count II not the dee action I know you want the records Ive got that But in Count II specifically what do you whats the relief youre purpose statutory purpose are somewhat related We were unable to find ml ch legislative history on this issue of a private right of action under the statute The.re is nothirig that says we intend to create a private action but theres certainly nothing that say we do riot want t6 create a private right of action Wha we do have is that in the same time that was reenacted a statute that pertains to the secrecy of State Gra_nd Jury statewide grand juries was also enacted That provision which is has no exceptions for for revealing these records By contrast the legislature intentionally enacted with the Furtherance of Justice Exception If the public through the press cant bring a private right of action to enforce that exception or to seek.relief under that exception that seeking and more importantly how under this statute intentionally placed exceptlcin of furthering ju tice is essentially rendered hollow do you get to assert a private action a private i:luse of action Qainst the state attorney and the Page clerk MS BOYAGIAN Your Honor we are aware of course that there is no exprE!ssed private ri ht of action But that does not end the inquiry As the Florida Supr_eme Court stated Where a statute like forbids an act which is to Plaintiffs injury th party injured should have an action And thats the Smith Piezo case in the volume of materials that we sent you Theres no question here Jhat the deniF1I of the FIRSTAMENDMENT right to.the press is an injury which gives rise to a right of action Stated another way looking at the analysis that the Fischer Metcalf Court looked at;there are th"ree factors in determining whether there is a private right of action whE!re a _statute does not expressly provide for one One is whether th Plaintiff is part of the class for which the statute is intended to protect second is a legislative history and the third is the underlying purposes of the statutqry scheme The first factor I already addressed that the pre i part of the class _that the statute is Speaking simultaneously Pag_e THE COURT Okay Pause for a mjnute I dont think anybody is saying that there isnt a cause of action or that the press doesnt hav standing Thats ho wllat Im asking you Im asking you how are the clerk and the state attorney tl1e proper defendants So you know nowhere have I said there isnt a cause of action Clearly tllere is Im puzzled by the procedural posturing of this case naming the state a_ttorney And you know Im further stymied by the fact tha you allege in yol complai11t that they he1ve particularly David Aronberg the State Attorney that he has these records But Im going to assume thats true So Im not telling you you dont have a cause of action just saying okay let run this all the way out Lets say you win and you get a judgment against the State Attorney Dave Arcmberg Whats he supposed to do with it He can.t le,ise lt grand jury te timciny has n6 authority whatsoever to do that MS BOYAGIAN Weil your Honor as you stated this is a motion to dismiss stage and we are 2q entitled t9 discovery on tlie issue of possession f;squireSolutions GQrt7 CA/ArCiitla BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM HEARING June CA FLORIDA HOLDINGS vs DAVE ARONBERG Page custody and control My understanding is that the state attorney has asserted that he does not have possession Its hot my understanding that the clerk has taken that position So the clerk may indeed be the someone who does have possession custody and control In any event we would submit that the state attorney even it does not have actual possession at this time it might be able to have the power to control dr direct the entity of persons who do have control and possession to release those to effect the judgment THE COURT So let me ask you this So the clerk is the keeper of the record But even if you got a judgment against her lets say you asserted this cause of action and lets say you win and you get a judgment against the clerk The clerk cannot release grand jury testimony to you Only the court can So really all Im saying to you is I do not understand the way this case was filed or why these are the defendants because its impossible for them to perform I mean Im going to assume based on your motion again that they do have the records But we Page give you what they dont have So I mean its as simply as this Are you you just want to engage in some discovery for them to absolutely assert particularly the state attorney I dont have these records look to the rules that say the moment the grand jurys over theyre sealed and theyre turned over and they cannot be released without court order So Im not addressing the merits or whether you have an exception or youre able to argue that there 2s an exception in the furtherance of justice Were not getting there today Im simply saying why should these two entities have to defend this lawsuit when even down the road if they win they cant give you what they dont have MS BOYAGIAN As your Honor stated Im not sure thats the case with the derk That was not in their that issue was not stated in their papers THE COURT Let me ask you this then Do you think if you got a judgment and I or the court doesnt make the determination that the grand jury records should be released that the clerk would be able to perform Would they be able to say here you go I mean could the derk just make that unilateral Page all know everyone in the room knows they do not that only the court theyre theyre with a court interpreting And only the court can release the records So if you get a judgment against either the state attorney or the clerk they cannot I mean I guess what youre saying to me is well we want to dp discovery and we want them to say unequivocally I have these records or I dont have them TO And I mean the law is abundantly clear You cannot do it without a court determining whether in the furtherance of justice the release is appropriate MS BOYAGIAN And that is a determination we 2re asking your Honor to make and were asking for an order from your court THE COURT When we get to the merits of the case sure it is But again youre asking me to make that determination and for me to make a determination of whether the grand jury records should be released And the only thing were here today about is why should the clerk and the state attorney have to defend a civil action when its a possibility of performance They even if you were to win and get a judgment against them they cannot Page decision Im going to release the records sealed confidential records Does she have any authority to do that MS BOYAGIAN My understanding your Honor is that requires a court order before the records are unsealed THE COURT Exactly Exactly All right Let me hear from Mr Aroribergs attorney Mr Wyler MR WYLER Thank you your Honor May it please the Court THE COURT Good morning Sir MR WYLER Good morning Your Honor I just wanted to let you know that I spoke with counsel for the clerk Ms Fingerhut a couple of days before this hearing and we that I would just make the presentation for both of of us being that our arguments overlap except for the fact of who this clairh whether they have the records or not which of course weve said we dont have custody of the records But nonetheless our arguments overlap The Plaintiff is attempting to assert a cause of action under Section That statute settled testimony not to be disclosed exceptions So its just CA/ArofM BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM HEARING CA FLORIDA HOLDINGS vs DAVE ARONBERG June Page custody and control My understanding is that the staie attorney has asserted that he _does not have j:lqssession Its hot IT!Y understanding that the clerk has taken that position So the clerk may indeed be the someone who does have posses ion cus ody and control In any event we would submit that the state attorney even it does noi have actual possession ths time it might be able to have the power to control or direct the entity or persons who do have control and possession to release those to effect the judgment THE COURT So let me ask you this So the clerk is the keeper of the record But even you got a judgment against her lets say you asserted this cause of action and lets say you win and you get a judgment against the clerk The clerk cannot release grand jyry testimony to you Only the ui1 can 2P So really aJI Im saying to you is I do not understand the way this case was filed or why these are the defendants because its_ impossible for them to perform I mean Im going to assume based on your motiori again that they do have the records But we Page all know everyone in the room knows they do not that only the court theyre theyre with a court interpreting And only the court can release the records So if you get a judgment ag_ainst either the state attorney or the clerk they cannot I mean I guess what youre saying to me is well we want to do discovery and we want them to say unequivoc;ally I have these records or I dont have them And I mean the law is abundantly ear You cannot do it without a court determining whether in the furtherc1nce ofjustice the release is appropriate MS BOYAGIA_N And that is c1 determination Page give you what they dont have So I mean its as simply as this Are you you just want to engage in some discov ry for them to absolutely assert particularly the state attorney I dont ha_ve these records look to the rules that say the moment the grand jurys over theyre sealed and theyre turned over and they cannot be released without court cirder So Im not addressing the merits or whether you hc1v an exception 9r yoifre able to arQLie that theres an exception in the furtherance of justice We;re not_ getting th re todciy Im simply saying why should these two entities have to defend this lawsuit when even doym the road if they wiri they cant give you what they dont have MS BOYAGIAN your Honor stated Im not sure thats the case with the clerk That was not in their that issue was not stated in their papers THE COURT Let me ask you this then Do you think if you got a judgment and I or the court doesnt make the determination that the grand jury records should be releas_ed that the clerk would be able to perform Would they be able to say here you go I ineari could the clerk just make that unilateraJ Page de_cision Im going to release the records sealed confidential records Does she have any authority to do that MS BOYAGIAN My understanding your Hono is that requires a court order before the records are unsealed THE COURT Exactly Exactly All right Let me hear from Mr Aroriber attorney Mr Wyler MR WYLER Thank you your Honor May it please the Court THE COURT Good morning Sir MR WYLER Good morning Your Honor I just wanted to let you know that were asking your Honor to make and were asking for i I spoke with counsel for the clerk Ms Fingerhut a an order from your court THE COURT When we get to the merits of the case sure it is But again youre asking me to i make that determination and for me to make a determination of whether the_ grand jury records should be released And the only thing were here today-about is why should the clerk and the state attome_y have to defend a civil action whenits a possibility of performance They even if you were to win c1nd get a jud 247lment against them they cannot couple of days before this hearing and we decided that I would just make the presentation for bo of of us being that our arguments overlap except for the fact of who this claim yh ther they have the records or not which of course weve said we dont haye custody of thi rE!co ds But nonetheless our arguments overlap The Plc1intiff is attempting to a Sert a c_ause of action under Section That statute settled testimony no to be disclosed exceptions So its jl st sq uirEJSqlutions com CA/AroJlaE!D OI BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM HEARING June CA FLORIDA HOLDINGS vs DAVE ARONBERG Page explaining exceptions to the disclosure of the grand jury testimony Our position is that it doesnt set forth a cause of action and that its impossible for us to perform what theyre asking know you said you didnt really want to get into the Furthering Justice Exception but know thats what theyre using as their basis to get to these But its our position that the clear unambiguous statutory iariguage it shows that this disclosure only applies to a civil or criminal case and that within that civil or criminal Speaking simultaneously THE COURT Again sir 227Irn sorry As I tp Plaintiffs counsel MR WYLER can only be used in the defense for THE COURT Okay Were not there Were not discussing the rherits of the case and Im not ready to cross that bridge Im here for a very very limited hearing today So just as I stopped Plaintiffs counsel from arguing the merits of the case and whether or not the Furtherance of Justice Exception will apply in this instance were hot even there yet Page attorneys position and we also agree with what the Court has said that the plain language of the statute a cause of action doesnt exist And we really cannot well be defending something without the four corners Were simply involved in this action because the clerk is the custodian of the records THE COURT Okay Thank you Maam Ms Boyagian back to you MS BOYAGIAN Your Honor Id like to note that in the Butterworth case in which the Supreme Court limited the application by saying that a witness can reveal her own testimony and prohibiting that they violate the First Amendment THE COURT Say that again please MS BOYAGIAN In the Supreme Court case the Butterworth case in which the Supreme Court ruled that cant restrict a Grand Jury witness from revealing her own testimony that would be a violation of First Amendment in that case the state attorney was in fact a party THE COURT Well I assume the state attorney that was present I mean I dont find that thats close to what were talking about here and thafs whether or not I mean as we know this was in Page Im only here for the purpose of determining whether or not the clerk and state attorney shouid be dismissed And I am bound by the four comers of the document which assert that you do have control and custody over it So if youll fashion your argument with regard to that limited purpose I would appreciate it MR WYLER No problem your Honor I apologize Within the four comers of their complaint our position is that they failed to state a cause of action under It does not provide for it doesnt list that theres ho elertierit that they have adequately pled to assert a cause of action under that Theres and the only thing theyre asking for is records that we dont have Theres really not much more to it your Honor And we would ask that you would grant our motion to dismiss for failure to state a cause of action THE COURT Okay Ms Fingerhut are you still on the phone MS FINGERHUT Yes your Honor THE COURT Is thereanything you wish to add MS FINGERHUT We agree with the state Page Certainly Dave Aronberg wasnt even the state attorney then But this is about the release of records I want to give you ample opportunity arid again sincerely appreciate that all of the case law and the way that it was presented to the Court in such a timely fashion really do And did spend some time with it But want to give you whatever opportunity you want to take to convince me that it is in as to.Count again Notthe dec action whether these would be the appropriate defendants And you know really I want you to boil it down for me as to this lets take it all the way down the road You win You get a judgment against the clerk and the state attorney I know theres other reasons why you might have filed it this way But Im just simply puzzled because I do hear what the clerk and the state attorney are saying arid that is performance is impossible They dont have the records and cannot absolutely Theres not even an inch of wiggle room that they could release the records even if you got a judgment It is solely a determination for the court I frankly thin you know theres ways to HEARING CA FLORIDA HOLDINGS vs DAVE ARON BERG June 1-age explaining _exceptions to the disclosure of the grand jury testimony Our position is that it doesnt set forth a cause of action and that its impossible for us to perform what.theyre askin!:J I know you safd you didnt really want to get into the Furthering Justice Exception but I know thats what theyre using as their basis to get to these But its our position that the clear uh ambiguous statutory iariguage it shows that this disclosure only applies to a civil or criminal case arid that within thcit civil or criminal Speaking simultaneously THE OURT Again sjr Im sorry As I tel9 Plaintiffs couns MR WYLER can fllY be used in the defEmse i l-age10 cittorneys position and w,e also agree with w_hat the Court has said that the plain language of the statute a cause of actiqn doesnt exist And we_ really cannot well be defending something without the four corners Were simply involved in this action because the clerk is the custodian of the records Tl-iE COURT Okay Thank you Ma Ms Boyagian back to you MS BOYAGIAN Yo1,1r Horicir Id like to note that in the Butterworth case in which the Supreme Court limit_ed the application by sayjng that a witness can reveal her own testimony and prohibiting th_at they violclte the Firs Amendment THE COURT Say that again please MS BOYA I.AN In tpe Supreme _C_ollrt cas_e the for Butterworth case in which the Supreme Court ruled THE COURT Ok 1y Were not th_ere Were n9t _that cant re.strict a_ Gra_nd Jury witn_ess from discussing the merits of the case and Im ready to cross that bridge Im here for a very very limited hearing today So just as I stopped Plaintiffs counsel from revealing her own testimony that would be a violation of Firs Amendment in that case the state attorriey Was in fact a pa_rty THE COURT Well I assume the state attorney arguing the merits of the case and whether or not the tliat was present I rriea_n dont find that thats Furtherance of Justice Exception will apply in this close to what were talking about here and thats instan9e were hC even ther_e yet Page Im only here for the purpose of determining Whethef or not the clerk and state attorney shouii;l be dismissed And I am bound by the four corners of the dcic Jm nt which assert that you do have 9_6ritroi and custody overit So if youll fashion your argument with regard to that limited purpose I would-appreciate it MR WYLER No pro lem your Honor I apologize Within the four corners onheir complaint o_ur position is that they failed to state a cause of action under l,t does not proyide for it i doesnt 267Iist that theres ho element that they have adequately pied to assert a cause of action under that Tt,eres and the only thin!:i theyre asking for is records that we dont have Theres really not _much more to it your Ho11or whether or not I m_ean as w_e know this wa_s in Page Certainly Dave Arqnberg wasnt eyen the state attorney then But this is abo"ut the release of records I waht to give you ampie opp6rtunify an again I sincerely appreciate that all of the case law and the way that it wa_s pres!i ted to the Court in such a timely fashion I really do And I did spend some time with it But I WaJlt to give yojJ whatever opportunity you want to take to.convince me that it is in as to.Count again Not the dee action whether 267thesewould be the appropriafe defendants And you know really I Wcmt you to boij it down for me as to this iets take it ail the way down the road You win You get a judgmenta_gainst the clerk and the state attorney I know theres other reasons why you might have filed it this way But Im just simply puzzled And we would ask that you would grant our motion to because I do hear what the clerk and the state dismiss for illJre tq stat a c:ause of ac on attorney ar_e saying and Y,at is performclnce is THE COURT Okay Ms Fingerhut are you still impossible They dont ve the records and on the phone MS FINGERHUT Yes your Honor THE COURT Js there mything you wish to 267add MS FINGERHUT We agree With the state cann_cit absoh,itely Th res it _eyen inch of wiggle room that they could release the records ev!i!n_ ifyqu got a judgme ltis solely a determination for th court I frankly think you kr ow the.res ways t9 Esq uireS9W i9ns cqm CA/Arciitlffl OBfUJ I BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM HEARING CA FLORIDA HOLDINGS vs DAVE ARONBERG June Page get to your records Theres ways to get confidential records But it isnt by suing the state attorney and the clerk So I just want to hear your last final argument on how Count II the appropriate defendants are the clerk and the state attorney Even assuming arguendo they have the records we know they dont you were to get a judgment against them how would you expect them to perform MS BOYAGIAN Two points your Honor One is that again the clerk did not assert in her papers that she does not have control That a position that the State Attorneys Office has asserted It is our allegation and as your Honor noted allegations must be accepted as true as true at this stage of the proceedings Second it is also our understanding that the state attorney and the clerk intend to block access to these records So our allegation is that they do have possession custody or control which the clerk has not denied and second that they are trying to block access to the records THE COURT What do you mean What do you mean Theyre not trying to block it Theyre saying that despite the fact lets just talk about i Page Speaking simultaneously THE COURT Can you hear Can the attorneys hear MS FINGERHUT custodian the records and that he cannot release the records without court THE COURT Exactly Okay All right Anything further Mr Wyler MR WYLER No your Honor I concur with the attorneys for the clerks office that its impossible for us to release these records Theres ho intent to hide them or block anything from the Plaintiff THE COURT Okay Anything further Ms Fingerhut MS FINGERHUT No your Honor THE COURT And Ms Boyagian anything further Ma 2am MS BOYAGIAN Nothing further your Honor THE COURT Okay I will get an order out quickly Thank you folks so much And Ill see you on the next round Thanks a lot MS BOYAGIAN Thank you your Honor MR WYLER Thank you your Honor The proceedings concluded at a.m Page the clerk because we all know the state attorney doesnt have it So the clerk is the custodian of records Thats her main job Theres nd doubt about it We all know that But we also know unequivocally unequivocally only the court can make the determination of whether the moving party has satisfied that there is an exception that these should be released So again I ask you she is in fact the custodian of the records is it your opinion that if you got a judgment saying clerk and comptroller gets a judgment against them that she can release the records without the court without the court weighing in without the court making that determination as required by law MS BOYAGIAN No your Honor We are asking your Honor to order the clerk to do that under your discretion THE COURT All right Mr Ms Fingerhut you wish to be heard on that MS FINGERHUT Your Honor our position is that were not trying to block access to the records Page CERTIFICATE OF REPORTER I Sonja Reed Court Reporter certify that I was authorized to and did stenographically report the foregoing proceedings and that the transcripts pages through is a true and cooplete record of ay stenographic notes Dated this 3rd day of June Sonja Reed Court Reporter ESQUIRE EsquireSolutions coni CA/AronterS/OPOa BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM HEARING CA FLORIDA HOLDINGS vs DAVE ARONBERG June Page get to your retcirds Theres ways to get confidential records But it isnt by suing the state attorney and the clerk So I just want to hear your last final argument on how Count II the appropriate defendants ar the clerk and the state attorney Even assuming arguendo they have the records we know they dont you were to get a judgment against them how would you expect them to perforr:n MS BOYAGIAN Two points your Honor One.is that again the clerk did not assert in her papers that she does not have control That is a position that the State Attorneys Office has asserted It is our allegation and as your Honor noted allegations must be accepted as true as true at this stage of the proceec;liilgs Second it is also our understanding that the state attorney and the clerk.intend to block access to these records So our allegation is that they do have possession custody or control which the clerk has not denied and second that they are trying to block access to the records THE COURT What do you mean What do you mean Theyre not trying to block it Theyre saying that despite the fact lets just taik about Page the clerk because we all know the state attorney doesnt have it So the clerk is the custodian of records Thats her main job Theres no doubt about it We all know that But we also know unequivocally unequivocally only the court can make the determination of whether the moving party has satisfied that there is an exception that these should be released So again I ask you she is in fact the custodian of the records is it your opinion that if you got a judgment saying clerk and comptroller i gets a judgment against them that she can release the records wi.thout the court without 267the court weighing in wit_hout the court making that determination as required by law MS BOYAGIAN No your Honor We are asking your Honor to order the clerk to do that under your discretion THE COURT All right Mr _Ms Fingerhut you wish to be heard on that MS FINGERHUT Yow Honor our position is that were not trying to block access to the records I 1-age Speaking simultaneo;usly THE COURT Can you hear Can the attorneys hear MS FINGERHUT custodian the records and that he cannot release th.e records without court THE COURT Exactly Okay All right Anything further Mr Wyler MR WYLER No your Honor I concur with the attorneys for the clerks office that its impossible for lJS to relea.se these re.cords There ho iriteiiJ to hide them or block anything from the Plaintiff THE COURT Okay Anything rther Ms Fingerhut MS FINGERHUT No Honor THE COURT And Ms Boyagian anything furth Maam MS BOYAGIAN Nothing further your HonoL THE COURT Okay I will get an order out quickly Thank you folks so much And Ill see you on the next round Thanks a lot MS BOYAGiAN Thank you your Ho11or MR WYLER Thank you your Honor The proceedings concluded at a.m Page CERTIP!CT,Til OF RE?OTIE,l Sonja eed Cot!rt Reporter certify that I aut!l.Orized to did st mographically epo the foregoing proceed nga nd hat ge tr ocr 267ipt ges through is a true arid Otlpl_ete record of oy stenograp!lic notes Dated this 3rd day of June Sonja Reed Court Report.er Esq uir Solutions Gorri CA/AroJ:ltl Ol BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM
