Provenance of Hulk Hogan N-word audio

8/18/2019 Provenance of Hulk Hogan N-word audio

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IN THE FLORIDA SECOND DISTRICT COURT OF APPEAL _____________________

Fla. 2d DCA Case No. 2D15-5044

L.T. Case No. 12012447-CI-011 __________________________________________________________________

TIMES PUBLISHING COMPANY, FIRST LOOK MEDIA, INC., WFTS-TVAND WPTV-TV, SCRIPPS MEDIA, INC., WFTX-TV, JOURNAL

BROADCAST GROUP, and THE ASSOCIATED PRESS,

Petitioners,

v.

TERRY GENE BOLLEA professionally known as HULK HOGAN, GAWKER

MEDIA, LLC aka GAWKER MEDIA; NICK DENTON and A.J. DAULERIO,

Respondents. __________________________________________________________________

RESPONDENT’S APPENDIX FILED IN RESPONSE TO COURT’S

MARCH 17, 2016 ORDER

______________________________________________________________

Kenneth G. Turkel, Esquire, Bajo Cuva Cohen & Turkel, P.A.100 North Tampa Street, Suite 1900, Tampa, Florida 33602

David M. Caldevilla, Esquire, de la Parte & Gilbert, P.A.

P.O. Box 2350, Tampa, Florida 33601-2350

Charles J. Harder, Esquire, Harder Mirell & Abrams, LLP

132 S. Rodeo Drive, Suite 301, Beverly Hills, California 90212

COUNSEL FOR RESPONDENT

Filing # 39213490 E-Filed 03/18/2016 03:51:38 PM

R E C E I V E D ,

0 3 / 1 8 / 2 0 1 6 0 3 : 5 6 : 0 5 P M ,

C l e r k ,

S e c o n d D i s t r i c t C o u r t o f A p p e a l


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TABLE OF CONTENTS

VOLUME I

TAB 1: Order of the District Court of Appeal (issued December 3 2015)

TAB 2: The Gawker Defendants’ Motion in Limine on Evidence

Relating to Plaintiff’s Admission that He Believed the Sex

Tape(s) Showed Him Making Statements that Have Been

Marked as Confidential, and Exhibits 1, 2, 3, 4, 9, 10, 11, 12,

17, 18, 19, 21 and 23 thereto ( filed June 12, 2015)

TAB 3: Plaintiff’s Confidential Motion in Limine No. 6 to Exclude

Evidence or Argument Related to Additional Videos of Terry

Bollea ( filed June 12, 2015)

TAB 4: Plaintiff’s Confidential Opposition to Gawker Defendants’

Motion to Permit Presentation of Offensive Language at Trial

( filed June 26, 2015)

TAB 5: The Gawker Defendants’ Opposition to Plaintiff’s Motion in

Limine No.6 to Exclude Evidence Relating to Additional

Videos, and Exhibits 1, 2, 3, 5 and 6 thereto ( filed June 26,

2015)

TAB 6: Plaintiff’s Confidential Motion for Protective Order re: Certain

Content in Documents Produced in Discovery ( filed May 27,

2014)

TAB 7: Affidavit of Charles J. Harder, and Exhibits 1 and 2 thereto

( filed May 27, 2014)

TAB 8: Defendant’s Confidential Statement of Violations of CourtOrders and Misrepresentations by Plaintiff and Plaintiff’s

Counsel, and Exhibits 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 17 and 32

thereto ( filed June 6, 2014)

TAB 9: The Gawker Defendants’ Opposition to Plaintiff’s Confidential

Motion for Protective Order re: Certain Content in Documents


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Produced in Discovery, and Exhibits 1 and 2 thereto ( filed June

9, 2014)

TAB 10: Plaintiff’s Confidential Reply in Support of Motion for

Protective Order re: Certain Content in Documents Produced inDiscovery ( filed June 16, 2014)

TAB 11: Plaintiff’s Confidential Supplemental Opposition to

Defendants’ Motion for Sanctions and Response to Evidence

Raised By Gawker for the First Time on Reply, including the

Affidavits of Charles Harder and David Houston and Exhibits

A, D, E, F, G, H, I and J thereto ( filed June 18, 2014)

TAB 12: Exhibits 2 and 3 to the Gawker Defendants’ Opposition toPlaintiff’s Motion for Setting of Trial Date and for Severance of

Claims against Kinja, KFT ( filed October 16, 2014)

TAB 13: Exhibit A to the Gawker Defendants’ Exceptions to Report and

Recommendation Denying Motions for Sanctions ( filed

October 30, 2014)

TAB 14: Confidential Supplemental Statement of Undisputed Material

Facts in Support of the Gawker Defendants’ Motion for

Summary Judgment including the Confidential Supplemental

Affidavit of Rachel E. Fugate in Support of the Gawker

Defendants’ Motion for Summary Judgment, and Exhibits 108,

109, 111, 112 and 116 thereto ( filed April 20, 2015)

TAB 15: Plaintiff’s Opposition to the Gawker Defendants’ Motion for

Summary Judgment, including the Confidential Statement of

Disputed and Undisputed Facts in Opposition to the Gawker

Defendants’ Motion for Summary Judgment, ConfidentialSupplemental Affidavit of Kenneth G. Turkel and Exhibits 41,

42, 43, 45 and 53 thereto ( filed May 11, 2015)


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VOLUME II

TAB 16: Plaintiff’s Opposition to Heather Cole’s (sued as Heather Clem)

Motion for Summary Judgment, including the Confidential

Supplemental Affidavit of Charles J. Harder and Exhibits 3, 4and 5 thereto ( filed May 11, 2015)

TAB 17: Exhibits A, B, and G to the Gawker Defendants’ Motion for

Continuance ( filed June 29, 2015)

TAB 18: Confidential Declaration of Gregg D. Thomas, Esq., and

Exhibits 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49,

50, 51, 52, 53, 54, 55, 56, 57, 59, 60, 61, 62, 63, 64, 65, 66, 67,

69, 70, 71, 75 and 76 thereto ( filed July 30, 2015)

TAB 19: Exhibits 3, 4, 11, 12, 16, 18, 19, 20, 21, 22, 30, 39, 40, 41 and

42 filed in Support of the Joint Opposition to Plaintiff’s

Emergency Motion to Conduct Discovery Concerning Potential

Violation of Protective Order, to Compel Turnover of

Confidential Discovery Materials and for Order to Show Cause

( filed August 11, 2015)

TAB 20: The Gawker Defendants’ Confidential Supplemental

Opposition to Plaintiff’s Emergency Motion to Conduct

Discovery Concerning Potential Violations of Protective Order,

to Compel Turnover of Confidential Discovery Materials and

For Order to Show Cause, and Exhibits 1, 2, 4, 7, 8 and 9

thereto ( filed August 25, 2015)

TAB 21: Transcript of the portion of the hearing held before the trial

court on April 23, 2014, which was contained in Confidential

Exhibit 2-C of the Gawker defendants’ motion to determine the

confidentiality of transcripts of closed court proceedings

TAB 22: Transcript of the hearing held before the Special Discovery

Magistrate on July 18, 2014, which was contained in

Confidential Exhibit 3-C of the Gawker defendants’ motion to


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determine the confidentiality of transcripts of closed court

proceedings

TAB 23: Exhibits 3-C, 5-C, and 8-C to the Motion for an Order

Declaring that Plaintiff Has Improperly Designated CertainDiscovery Materials as “Attorneys’ Eyes Only” ( filed August

20, 2015)


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CONFIDENTIAL – FILED UNDER SEAL

SEALED APPENDIX TAB 19

(referred to as “Confidential Filing 15”during the October 1, 2015 Hearing)

DOCUMENT: Exhibits 3, 4, 11, 12, 16, 18, 19, 20, 21, 22, 30, 39,

40, 41 and 42 filed in Support of the JointOpposition to Plaintiff’s Emergency Motion to

Conduct Discovery Concerning Potential Violationof Protective Order, to

Compel Turnover of

Confidential Discovery Materials and for Order toShow Cause, filed on August 11, 2015

ORDER: NOVEMBER 18, 2015 AMENDED ORDER*

PARAGRAPH: 10.D(14)

*These documents also were sealed under Paragraph 8.D(14) of the October

27, 2015 Order.


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CONFIDENTIAL

EXHIBIT 18-Cto theJOINT OPPOSITION OF THE GAWKER DEFENDANTS AND THEIR

COUNSEL TO PLAINTIFF’S EMERGENCY MOTION TO CONDUCT

DISCOVERY CONCERNING POTENTIAL VIOLATION OF

PROTECTIVE ORDER, TO COMPEL TURNOVER OF CONFIDENTIAL

DISCOVERY MATERIALS AND FOR ORDER TO SHOW CAUSE

This exhibit is an audio/visual file that cannot be electronically filed. It can be

found on the disc labeled Confidential Audio/Visual Exhibit to the JointOpposition to Plaintiff’s Emergency Motion, a copy of which is being provided

to the Court and all counsel of record.

Filing # 30749352 E-Filed 08/11/2015 05:19:43 PM