Sara Comander Litigation Documents

Discussion in 'Local Government and Groups' started by WileCoyote, Mar 23, 2015.

  1. WileCoyote

    WileCoyote Beach Lover

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    This is a Public Records Request (“PRR”) to Walton County.



    Please produce Document(s) within your custody, possession or control for Walton County which demonstrates the following:

    1. The “LMS Committee” project lists and project priority lists since January 1, 2005. (The “LMS Committee” is identified/referred to in the 2010 Walton County Grant Application file that Walton County submitted to the Division of Emergency Management in January 2010.)

    We prefer to receive these as email attachments or in electronic form if more or equally feasible to other methods of production.

    If the cost to respond to this request is estimated to exceed $25 please provide an estimate of such cost before proceeding. Please let me know if a response to this request is possible by April 6, 2015 and if not, an estimated date of completion.

    Respectfully

    Shawn Heath
     
  2. 30A Skunkape

    30A Skunkape Mr. Small Box

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    Can one of you people who actually understand the entire plot and cast explain in Clff's Notes fashion why MC Davis, the driving force behind Seagrove Hampton Inn (at least the public one) is being deposed?
     
  3. Andy A

    Andy A Beach Fanatic

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    ...And can WileCoyote please quit repeating him/herself? We all know that Shawn Heath is a lawyer and he is doing what lawyer's do. That, in itself, does not mean they are right. The court will eventually decide that as the Ethic Commission already has. I have stated many times that lawyers are a necessary evil. That is unfortunate but a fact of life. The problem now is we have reached a point where their need has totally overblown what should be reality. Many issues that end up in lawyer's hands could be solved by the collective parties if they would only use some common sense and compremise.

    One thing more. As Alan will tell you, I have always supported Driftwood Estates position. In many ways, so has the BCC but they received pressure from both sides. Driftwood Estates finally won the battle to a very large degree and yet, they continue to press the BCC and Sara in particular. It is not only now unnecessary, but out of line. When you have won the battle, graciously retire. I, along with others, no longer support a position Driftwood Estates takes. Some involved have really drunk the kool aid.
     
  4. John G

    John G Beach Fanatic

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    Why does Commander continue to miss depos due to doctors notes?

    She was at the Santa Rosa Beach Publix at 10:40am yesterday, and was shopping around just fine.

    There are a couple of options here; if performing her elected duties are too stressful, she can resign her position.

    OR, if she is no longer represented by our tax dollars in her private / personal legal matter, she can then dodge the deposit all she wants.

    Andy A., don't even respond. We know you hold her in highest regard. The issue is not how valid the suit is, its her using our tax dollars to pay her lawyer to continue to write letters about her stress and why she can't be deposed.

    She is supposedly a Christian and took the time to thank our lord at the last BCC meeting. How 'bout you get to your depo, raise your hand, swear to GOD to tell the truth and then do it!

    Step it up Commish! My tax dollars are at work here. Times a wastin'...
     
    Last edited: Apr 1, 2015
  5. WileCoyote

    WileCoyote Beach Lover

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    One More For AndyA

    From: Linda Wade <lwade@wpslawyers.com>
    Date: April 1, 2015 at 08:48:18 CDT
    To: Shawn Heath <shawn.heath@nelsonmullins.com>
    Cc: Joe Passeretti <jap@esclaw.com>, Robert Emmanuel <RAE@esclaw.com>, "Bill Warner" <billwarner@warnerlaw.us>, Tim Warner <timwarner@warnerlaw.us>, "mdd@co.walton.fl.us" <mdd@co.walton.fl.us>
    Subject: FW: Osborne v Comander



    Shawn:
    Ms. Comander’s physicians have advised her to reduce her stress as must as possible and if she is required to undergo a deposition, to limit the deposition to 3 hours per day and it be conducted in the least stressful environment possible. I am therefore requesting that Sara Comander’s deposition be moved to Destin Reporting, limit the attendees to the parties and their counsel and limit her deposition to 3 hours. Please advise if you will agree to this request, otherwise I will need to file a motion with the court.



    [TABLE="width: 480"]
    [TR]
    [TD]Linda H. Wade
    Board Certified Civil Trial Lawyer
    Partner
    Wade, Palmer & Shoemaker, P.A.
    [/TD]
    [/TR]
    [TR]
    [TD]14 N Palafox Street
    Pensacola, Florida 32502

    [/TD]
    [/TR]
    [/TABLE]

     
  6. Andy A

    Andy A Beach Fanatic

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    Jeff Mc, it would be nice if you knew enough about what is going on, to at least spell her name correctly.
     
  7. Misty

    Misty Banned

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    Can you tell us if she took a bathroom break? What time was it? Was it a "potty stop" or was there more to it?


    How does one dodge a deposit?
     
  8. TeaPartyingHard

    TeaPartyingHard Beach Comber

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    "She was at the Santa Rosa Beach Publix at 10:40am yesterday, and was shopping around just fine."

    Really? She's not allowed to go buy groceries? You'd probably come off as much less of an ahole in your comments if you and peterpan refrained from posting these creepy "saw her at x place at x time on x date" comments. Arguing that you believe she has no grounds to delay depositions is one thing, but constantly posting about seeing her at the grocery store or at Target is beyond creepy and just makes you sound like a deranged stalker. Her medical condition is her business, and you are acting like the only medical conditions that are legitimate are ones that keep a person 100% bed-bound and paralyzed. I would think you of all people would realize that there are a bevy of medical conditions out there that don't prevent a person from walking around and buying their own groceries, as your stalking behavior seems to indicate you possess some sort of malady relating to your own mental health that could benefit from the oversight of a trained medical physician.
     
  9. John G

    John G Beach Fanatic

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    Spelling error, should have read "depo" as in the deposition that she is so desperately trying to avoid to have to give.
     
  10. John G

    John G Beach Fanatic

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    Please show me one other post where I cited seeing her..., I can't go shopping and report in as to whom I saw? That lady with the piece in the Walton Sun makes a living at it...

    She was seen shopping and walking around just fine in Santa Rosa Beach Publix.

    Isn't her office on the other side of the bay? Did she travel here specifically to shop at Publix?

    If she can do that, she can be deposed. If my tax dollars (as are yours) are paying for her attorney, we get to be present to see our money at work. If not, foot your own legal bill Commish
     
  11. Andy A

    Andy A Beach Fanatic

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    Your tax dollars are at work because the BCC is covered when sued as is the case with Sara Comander. Small price to pay for having to suffer the outlandish BS that comes from some that is directed at our elected officials. As I've said many times if you don't like it, run for office. Bear in mind there would be no attorney's fees if, what I and many others consider, a frivolous lawsuit had not been filed.
     
  12. WileCoyote

    WileCoyote Beach Lover

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    Linda

    1. I can agree to take Commissioner Comander deposition for 3 hours per day as long one of those days occurs during the April 20 -24 deposition week and the other days occur by April 30. That’s contingent on an affidavit from her physician that such is necessary. The affidavit need not specifically identify her medical issue that prevents her from testifying for longer than 3 hours at a time. I need this because the notice to me of Commissioner Comander’s condition in February was after 6:00 pm on the Friday evening before the week of those depositions and resulted in wasted time at my client’s expense.

    2. I cannot, however, agree that the deposition be moved to Destin Reporting or that the attendees be limited to the parties and their counsel. Foremost, Destin Reporting’s largest conference room will only allow only 10 seats at the table and maybe 4 other seats in the room. There will not be sufficient space in that conference room. We have 8 clients and me. In February when I deposed Walton County witnesses who were staff members, Walton County had 3 lawyers in the room, plus you, plus Mr. Warner’s assistant. (That week alone probably cost Walton County’s taxpayers $40,000.) We also have the court reporter, Adams Homes lawyers and Campbell’s lawyers. Mr. Don Adams on behalf of Adams Homes has attended most of the depositions during the 8 years of this case.

    3. Furthermore, Commissioner Comander is obviously an elected official and a constitutional officer. The claims against her in this lawsuit concern her actions that she took in her official capacity as an elected officer in violation of the United States Constitution. (Your characterization that this lawsuit concerns only a single email is incorrect. It concerns Commissioner Comander’s retaliation against Mr. Osborne because he had previously exercised his constitutional rights to appropriately address his government at prior public meetings.) That means that this case concerns a long history of retaliatory acts by Commissioner Comander and Mr. Osborne’s prior exercise of his constitutional rights. Those events explain why Commissioner Comander’s actions were unlawfully retaliatory and how her actions relate to the County’s knowledge (and cover-up) for years that Sandestin was overbuilt and that Driftwood was flooding, but the County did nothing because if the County took action then it put at risk tens of millions of dollars of local developers assets.

    4. As such this case concerns the conduct (or misconduct) of the taxpayer’s elected officials. The citizens of the county and Commissioner Comander’s constituents have a right to know and assess for themselves the conduct of their elected officials particularly if a public officer abused her authority and the public’s trust to deny a citizen his constitutional rights. Depositions are court proceedings and, just like trials, open to the public. (That constitutional right was secured because of the abuses of the King of England in controlling the court system.) There should be ample space at the deposition for those, like the taxpayers association and the media, who wish to come hear their elected official testify. The location we have chosen provides that and is centrally located in Commissioner Comander’s district; Destin reporting is not.

    5. Finally, there is nothing extraordinary about the circumstances or environment of Commissioner Comander’s deposition that should call for the public to be prohibited entry. The case does not concern her personal affairs. Commissioner Comander has been elected to office for several years for the very purpose that the job was for public service and that she would be and has attended (and often presided) over hundreds of public hearings that sometimes last 6 hours or more. (Some of those have been recently.) She is accustomed to public visibility and responsibility and in taking action and speaking in front of large groups of people often on controversial issues.

    6. We are empathetic to Ms. Comander’s medical condition. Still President Roosevelt, while he had crippling polio and was in the last years of his life, made the arduous voyage by ship across the Atlantic Ocean several times during World War II while German submarines patrolled looking to sink American vessels. President Clinton was required to sit for deposition--while he was President—in a case that concerned his purely private conduct. Last month, Mr. Osborne made time in his schedule to be deposed for an entire day even though his professional duties had required him to attend to the onsite operations at the military helicopter crash site where several soldiers and marines died. He had worked long hours for many days before his deposition yet arrived at his deposition at the date and location that you required him to appear at and still agreed to answer all of the lawyers questions for over 8 hours even though he was physically and intellectually exhausted. (Linda there is an uneven irony in all of this. I have repeatedly asked you to comply with the rules and simply identify the subject matter on which your listed witnesses will testify. You refuse. Yet you seek to dictate the location and terms of the deposition that I wish to take. Stunning hubris.)

    7. In comparison, what is being asked of Commissioner Comander is relatively easy and completely ordinary. She will simply sit in a comfortable chair, in a pleasant air-conditioned room that has a wide view of the blue gulf waters and answer questions. Those who want to attend can do so just as they could any other deposition. As such, we believe that it is constitutionally protected and responsible citizenship to allow taxpayers and the media to hear a public official speak about the exercise of her power and authority as a public officer against one of their own citizens.

    If you file a motion, please kindly include this correspondence with the motion so my position is included. There is much information out “there” that is inaccurate.

    Respectfully

    Shawn Heath
     
  13. Misty

    Misty Banned

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    SO?

    I live on the north side of the bay, in Comander's district...does that mean I can only shop at WalMart or Winn Dixie??

    And what if she did? Are her tax dollars not appreciated in SoWal?

    Between you and peter pan you both sound like unstable mental patients stalking a public figure.
     
    Last edited: Apr 3, 2015
  14. Misty

    Misty Banned

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    It did not go unnoticed that you removed the headers from the email this go round. How is it your are privy to private emails....have you got Osborne sending you this stuff or are you posting under your new pseudonym Alan?
     
  15. John G

    John G Beach Fanatic

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    Because if she is well enough to drive all over Walton to shop, she is well enough to Swear Under Oath to Tell The Truth in a Depo, that's why.
     
  16. Andy A

    Andy A Beach Fanatic

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    You have no conception of what her medical problem is, and yet you have the audacity to judge what she can and cannot do, where, when and how. You have no idea of what her doctor has ordered and what that physician will allow her to do in her present condition. I don't know where you were raised or how but someone didn't teach you to have common sense and compassion for other human beings.
     
  17. Suzanne Harris

    Suzanne Harris Beach Fanatic

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    Alan is not Wile Coyote Alan has been cut off from this site for a long time. If this upsets Sarah she should not read the postings. Was it stressful for her to load all the things In her car last night after the candidate forum?
     
  18. Misty

    Misty Banned

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    Stalker....
     
  19. Andy A

    Andy A Beach Fanatic

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    Worse than that. peterpan is someone who rymes with class and pole. Sara Comander is being harrassed by individuals who want to see her resign. The majority of Walton County residents are astute enough to realize that overall she is an exceptional Commissioner. She may die in office but she will not be bullied into resigning so that a few neanderthals in the county might have a chance to take control of the BCC. It ain't gonna happen as long as the majority of Walton County citizens are aware of what is transpiring. Anyone who is not part of a very selective group and understands what that group is attempting to do, will also understand from where Commissioner Comander comes from.

    We all know Wile Coyote is not Alan Osborne. I have not heard anything about his being banned from this site and it wouldn't upset anyone if he was, which I doubt. I think he is just keeping his mouth shut. Finally, for those of you who might not believe that Commissioner Comander is being harrassed, stalked and spied upon, how else do you explain all the postings about her non stressful actions? Would any of you condone or accept what is shown above happening to you? I certainly do not think so, nor would I.
     
  20. Bob Wells

    Bob Wells Beach Fanatic

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    Seems I remember Alan saying he was experiencing the same type of stuff a few years ago.
     

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