FW: Stern - Response to 12/9/15 Public Records Request

Frank Upchurch <fdupchurch@ubulaw.com> Fri, Dec 11, 2015 at 10:45 AMTo: "grantstern@gmail.com" <grantstern@gmail.com>Cc: "Christina H. Langston" <Christina.Langston@stjohns.k12.fl.us>

From: Cindy Strickland Sent: Friday, December 11, 2015 10:43 AMTo: Frank Upchurch <fdupchurch@ubulaw.com>Subject: Stern - Response to 12/9/15 Public Records Request

Dear Mr. Stern:

The Community Relations Department asked me to assist in responding to your public records request datedDecember 9, 2015.

1. I am advised that outside counsel incurred 6.9 hours in regard to the preparation and filingof the complaint. This time has not yet been billed to the District and the District does not have anyresponsive documents.

2. Outside counsel’s engagement letter is enclosed. Outside counsel was initially engaged todefend the public records lawsuit that Mr. Gray brought against the District. Mr. Gray dismissed thatlawsuit with prejudice on December 4, after being served with a Florida Statute 57.105 frivolous claimnotice. Although not requested, pleadings in that initial lawsuit are enclosed.

3. I have incurred 9.7 hours through December 9 in connection with the preparation and filingof the December lawsuit. My firm advanced $453.00 for filing and service fees. Such time and costshave not been billed and there are no responsive documents.

4. On December 4, the Superintendent made the decision to file suit against Mr. Gray. Unfortunately, Mr. Gray’s dismissal of his lawsuit earlier that day did not mark the end of hisprovocative and disruptive actions toward the District. On December 3, the day after the SanBernandino shootings, Mr. Gray was seen by school officials acting in a suspicious and provocativemanner, cruising in his van slowly back and forth past two schools. On December 4, Mr. Grayharassed bus drivers for records at a school, just as he had done at the Maintenance Department inthe case he filed and lost. The Superintendent authorized counsel to file suit against Mr. Gray toenjoin him from continuing to disregard District public records procedures and from continuing toharass the District and its employees, thereby interfering with employees doing their assigned jobsand disrupting District operations. The School Board members were individually advised of thatdecision before suit was filed on Monday, December 7. There are no responsive documents.

Please feel free to contact me if you have any questions.

Frank D. Upchurch III

Upchurch, Bailey & Upchurch, PA

Post Office Drawer 3007

St. Augustine, Florida 32085-3007

Telephone # (904) 829-9066

Fax # (904) 825-4862

Email: fdupchurch@ubulaw.com

Website: www.ubulaw.com

Documents in response to PRR.pdf3233K