Home Address 1424 SE 12 Street Unit 2-2A Ft Lauderdale FL (954) 240-1786

Personal Data

Professional

Private Boards

271954-2 1123113

MITCHELL W BERGER CURRICULUM VITAE

November 2012

Business Address 350 East Las Olas Boulevard Suite 1000 Fort Lauderdale FL 33301 (954) 525-9900

Age 56 Birth date May 18 1956 Birthplace Brooklyn New York Marital status Single Four children Meredith 30 years old Scott 27 years old

Amanda 25 years old and Alex 20 years old Health Excellent

Founder of Berger Singennan LLP a fun service business law ftnn with offtces in Fort Lauderdale Miami Tallahassee and Boca Raton Florida Presently 75 lawyers in ftnn (1985-present) Served as its Chainnan from its founding in 1985 until 2012 currently serving as its Co-Chair

Partner Berger amp Berger a law ftnn in Chattanooga Tennessee (1980-1985)

Clerk Alan C Sundberg then-Chief Justice of Supreme Court of Florida (1980)

Admitted to practice before the United States Supreme Court the United States Court of Appeals (3rd

6th and 11th Circuits) the United States District Court (Southern District of Florida Middle District of Florida Northern District of Florida Eastern District of Tennessee and District of New Jersey) the United States Court of Federal Claims the United States Tax Court the United States Bankruptcy Court for the Southern District of Florida and all state courts in Florida New Jersey and Tennessee

Chair of the Student Loan Marketing Association (Presidential Appointment) (August 1998 - July 2001)

- Elected as Vice Chainnan (1995 - 1996) - Appointed as a Director (Presidential appointment) (March 1994 - July 2001)

Oversaw initial privatization of the government sponsored enterprise

Member of Coastal Physician Services Board of Directors 1997 - 1998)

Submitted into the public1 record in connection with items 014 on 01-24-13

Todd B Hannon City Clerk

bull

Public Boards and Commissions

Charitable and Educational Boards

Member of the Governing Board of the South Florida Water Management District appointed by Governor Lawton Chiles and confirmed by the Florida State Senate (1997 - March 2001)

- Chair Audit Committee of South Florida Water Management District (1999 shyMarch 2001)

- Member Broward County Water Advisory Board (1999 - March 2001)

- Member Governors Commission for a Sustainable South Florida (1997 - 1999) - Co-Chair Natural Resources Subcommittee

- Member Florida Keys Advisory Board (1997 - 1999)

- Environmental Merit Award 2000 from the United States Environmental Protection Agency Region 4 for appreciation and recognition of outstanding environmental stewardship - awarded to the District (2000)

Member of the United States Small Business Agency Advisory Board (1996 - 1998)

Commissioner on the Florida Environmental Commission Appointed twice by Governor Lawton Chiles and confirmed by the Florida State Senate (1991 - 1997)

Member of the Environmental Financial Advisory Board to the United States Environmental Protection Agency (1993 - 1995)

Co-Chair of the Community Relations Committee for the Summit of the Americas Miami Florida Appointed by Governor Lawton Chiles (1994)

Member of President Clintons Transition Team Personnel US Environmental Protection Agency and Department of the Interior (1992 -1993)

Member of the Broward County Management Review Commission (1989 - 1991)

Member of the Board of Trustees Nova Southeastern University (November 2006 shypresent)

Audit Committee Strategic Planning Committee Executive Committee Chair - Litigation Committee

Member of the Board of Governors ofNova Southeastern University Shepard Broad Law Center (2002 - present)

271954-2 12313

2 Submitted into the public record in connection with itemsQA on 01-24-13

Todd B Hannon

City Clerk

Member of the Board of Governors of Nova Southeastern University H Wayne Huizenga School of Business and Entrepreneurship (1991 shypresent)

Member of the Advisory Board to the Masters Program in Real Estate Development and Management being offered by Nova University (1989 shy1990)

Member of the Committee Regarding Fort Lauderdale Federal Courthouse (July 2009 shypresent)

Member of the Federal Judicial Bar and Community Liaison Committee (June 2009 shypresent)

Trustee of the Florida Supreme Court Historical Society (June 2008 - present)

Member of the Florida Supreme Courts Task Force on Management of Cases Involving Complex Litigation (September 2006 - present)

Member of the Jury Instructions Committee (2006 - present)

Alumni Associate Member of the Trustee Committee on Development and Alumni Affairs of Lafayette College (May 2006 - present)

Member ofthe Board of Visitors ofTemple University School ofLaw (2001 - present)

Member of the Board of The Nature Conservancy of Florida (2001 - 2(08)

Chairman of the Fundraising Committee of the Inter-American Development Bank (lOB) 2008 Miami Host Committee

Member of the Board of Trustees North Broward Preparatory Schools (2006 - 2(08)

Member of the Florida Atlantic University Broward Advisory Board (1996 - 200 1)

Counsel to the Broward Community Health Purchasing Alliance (CHPA) (1994 shy2000)

Member of the Boys and Girls Club of Broward County Capital Campaign Cabinet (1996 - 20(0)

Chairman of the Continuing Legal Education Committee Chattanooga Bar Association (1982 - 1984)

3 Submitted into the public record in connection with items 014 on 01-24-13

Todd B Hannon City Clerk

271954-2

112313

bull

Political

Awards and Honors

271954-2 112313

Co-Leader of the Campaign For Change (National Democratic Coordinated Campaign) (2008) Member of the National Finance Board of Obama Victory Fund (2008)

Candidate as Presidential Elector (2004)

Co-Chair of the Democratic National Committee Battleground Victory Fund (2004)

Co-Chair of the National Finance Board Joe Lieberman For President (2004)

Chair of the Federal Victory Fund Democratic National Committee (2000)

Delegate to the Democratic National Convention (2000)

Candidate as Presidential Elector (2000)

Senior Advisor to the Gore 2000 Campaign

Finance Chair of the Florida Democratic Party (1994 to March 1997 and 200 1 shy2002)

Co-Chair of the National Finance Council of National Democratic Committee (1994 shyMarch 1997)

Presidential Elector (1996)

Delegate to the Democratic National Convention (1996)

Named 2010 Entrepreneur of the Year by Nova Southeastern University School of Business and Entrepreneurship (2010)

Named one of the top 10 Lawyers of the Decade by the South Florida Legal Guide (2010)

Berger Singerman PA was named Business of the Year in Professional Services category in the South Florida Business Journal (2008)

Berger Singerman PA was named winner of Good to Great Award by the tri-county Chambers of Commerce of Miami-Dade Broward and Boca Raton (2006)

Berger Singerman PA was named 2005 Business of the Year in the Legal Services category in the South Florida Business Journal (2005)

Excellence Award South Florida Water Management District (March 2001)

Submitted into the public 4 record in connection with items 014 on 01-24-13

Todd B Hannon City Clerk

Education

Scholarships And Grants

Publications

271954-2 1123113

Co-Lawyer of the Year National Law Journal (2000) Featured in the HBO movie Recount a depiction of the 2000 Presidential election lawsuit (May 2008)

Distinguished Lecturer at Nova Southeastern H Wayne Huizenga School of Business and Entrepreneurship (2000)

Recipient of Lawrence J OBrien Award from the National Democratic Party (1995)

Recipient of Hubert H Humphrey Award from the Florida Democratic Party (1995)

Mitchell Berger is designated as a top lawyer by Chambers Best Lawyers in America Martindale-Hubbell and Super Lawyers

Temple University Law School Juris Doctor - 1980 1977 - 1980 Member Temple Law Quarterly Chancellor Tau Epsilon Rho Staff Member The Jurist Treasurer Student Bar Association

Lafayette College Bachelor of Arts - 1977 1973 - 1977 Magna Cum Laude Member Omicron Delta Epsilon The International Economics Honor Society Treasurer Student Government Student member Board ofTrustees Varsity Letterman - Swimming

Judge Joseph Sloan Student Aid Award Temple University Law School New York State Regents Scholar (declined)

The Constitutional Implications ofGovernment Funding for Floridas Primary Voting Process Is It Constitutionally Permissible to Publicly Fund the Two Major Parties Primaries to the Exclusion ofAll Other Political Parties Mitchell W Berger and Gregory A Haile 33 NOVA L REv 1 (Fall 2008)

Cheneys Claims Could Expose Him to Suit - Mitchell W Berger and Gregory A Haile American Constitution Society For Law and Policy Blog (July 2 2007)

Passion for giving Smart Business Magazine (January 2006)

Attracting Bio-Tech Talent - Mitchell W Berger Smart Business (April 2006)

Antitrust Law Class Action Certification - Mitchell W Berger and Rene Harrod National Law Journal (July II 2005)

Presidential Elections - The Right to Vote andAccess to the Ballot John B Anderson Mitchell W Berger amp Grace E Robson 29 NOVA L REv 3 (Spring 2005)

5 Submitted into the public record in connection with items 014 on 01-24-13

Todd B Hannon City Clerk

Election 2000 The Law oTied Presidential Elections Mitchell W Berger amp Candice Tobin 26 NOVA L REV 3 (Spring 2002)

Comment The Brethren The Jurist Temple University School of law Vol 2 Spring 1980

Freight Railroads Too Little Too Late For a Deteriorating Industry The Jurist Temple University School of Law Vol 1 Spring 1979

REPRESENTATIVE REPORTED CASES

Supreme Court of Florida

McKenzie Check Advance ofFlorida LLC v Betts 928 So2d 1204 (Fla 2006)

NAACP Inc v Florida Bd ofRegents 863 So2d 294 (Fla 2003)

Albert Gore Jr and Joseph I Lieberman v Katherine Harris et aI 772 So 2d 1243 (Fla 2000) certiorari and stay granted Bush v Gore 531 US 1046 121 S Ct 512 148 L Ed 2d 553 (Fla 2000) reversed and remanded Bush v Gore 531 US 98 121 S Ct 525 148 L Ed 388 (Fla 2000) on remand Gore v Harris 773 So 2d 524 (Fla 2000)

Palm Beach County Canvassing Board v Katherine Harris Volusia County Canvassing Board v Katherine Harris and Florida Democratic Party v Katherine Harris 772 So2d 1220 (Fla 2ooo)cert granted Bush v Palm Beach County Canvassing Bd 531 US 1004 121 S Ct 510148 L Ed 2d478 (Fla 2000) vacated Bush v Palm Beach County Canvassing Bd 531 US 70121 S Ct 471148 L Ed 2d 366 (Fla 2000) on remand Palm Beach County Canvassing Bd v Harris 772 So2d 1273 (Fla 2000)

Kinney System Inc v The Continental Insurance Company 674 So2d 86 (Fla 1996)

Supreme Court of Georgia

Boca Petroco Inc et al vs Petroleum Realty II LLC 678 SE2d 330 (2009)

United States Courts of Appeals

Valley Drug Co v Geneva Pharmaceuticals Inc 344 F3d 1294 (11 th Cir 2003)

Valley Drug Co v Geneva Pharmaceuticals Inc 350 F3d 1181 (11 th Cir 2003)

Capitol Funds Inc v Arlen Realty Inc 755 F2d 1544 (lIth Cir 1985)

271954-2 123113

6 Submitted into the public record in connection with items Qh4 on 01-24-13

Todd B Hannon

City Clerk

State Intermediate Appellate Courts

ElstonLeetsdale LLC v CW Capital Asset Management LLC 87 So 3d 14 (Fla 4th DCA 2012)

Reuter Recycling ofFlorida Inc v City ofHallandale Florida 2008 WL 4862552 (Fla 4th DCA 2(08)

Blandin v Bayport Condominium Assocumon 988 So2d 666 (Fla 4th DCA 2008)

Boca Petroco Inc v Petroleum Realty I UC 993 So2d 1092 (Fla 4th DCA 2008)

Florida Democratic Party v Hood 884 So2d 1148 (Fla Dist Ct App 1st 2004) cert denied 888 So2d622 (Fla 2004)

Reuter Recycling ofFlorida Inc v City ofDania Beach 859 So2d 1271 (Fla 4th DCA 2003)

BlackpoolAssocs v SM-I06 Ltd 839 So2d 837 (Fla 4th DCA 2003)

Jenne v Church amp Tower Inc 814 So2d 522 (Fla 4th DCA 2002)

Miami-Dade County Democratic Party and Florida Democratic Party v Miami-Dade Canvassing Board Lawrence D King Myriam Lehr David C Leahy and The Republican Party ofDade County 773 So2d 1179 (Fla 3rd DCA 2000)

Optiplan Inc v School Board ofBroward County 710 So2d 569 (Fla 4th DCA 1998)

State ofTennessee v Willie Eugene Fox 701 SW 2d 233 (Tenn Crim App 1985)

State of Tennessee v Michael Lee Sammons 656 SW 2d 862 (Tenn Crim App 1982)

Federal District Courts

Joseph Corbett v Beneficial Ohio Inc 847 FSupp2d 1019 (SD Oh 2012)

New Motor Vehicles Canadian Export Antitrust litigation 269 FRD 80 (D Ma 2010)

Waters v International Precious Metals Corporation 172 FRD 479 (SD Fla 1996) (Mr Berger was the Special Master in this case)

Dorothy McBride et al v Galaxy Carpet Mills Inc et al 920 F Supp 1278 (ND Ga 1995)

United States Bankruptcy Court

Susan Marie Harris v Ben-Eua amp Katz PA et al 458 BR 591 (ND Fla 2011)

In Re David S Ziluck and Brenda L Ziluck 139 BR 44 (Bankr SD Fla 1992)

271954-2 7 Submitted into the public 112313 record in connection with

items 014 on 01-24-13 Todd B Hannon

City Clerk

bull

Public Boards and Commissions

Charitable and Educational Boards

Member of the Governing Board of the South Florida Water Management District appointed by Governor Lawton Chiles and confirmed by the Florida State Senate (1997 - March 2001)

- Chair Audit Committee of South Florida Water Management District (1999 shyMarch 2001)

- Member Broward County Water Advisory Board (1999 - March 2001)

- Member Governors Commission for a Sustainable South Florida (1997 - 1999) - Co-Chair Natural Resources Subcommittee

- Member Florida Keys Advisory Board (1997 - 1999)

- Environmental Merit Award 2000 from the United States Environmental Protection Agency Region 4 for appreciation and recognition of outstanding environmental stewardship - awarded to the District (2000)

Member of the United States Small Business Agency Advisory Board (1996 - 1998)

Commissioner on the Florida Environmental Commission Appointed twice by Governor Lawton Chiles and confirmed by the Florida State Senate (1991 - 1997)

Member of the Environmental Financial Advisory Board to the United States Environmental Protection Agency (1993 - 1995)

Co-Chair of the Community Relations Committee for the Summit of the Americas Miami Florida Appointed by Governor Lawton Chiles (1994)

Member of President Clintons Transition Team Personnel US Environmental Protection Agency and Department of the Interior (1992 -1993)

Member of the Broward County Management Review Commission (1989 - 1991)

Member of the Board of Trustees Nova Southeastern University (November 2006 shypresent)

Audit Committee Strategic Planning Committee Executive Committee Chair - Litigation Committee

Member of the Board of Governors ofNova Southeastern University Shepard Broad Law Center (2002 - present)

271954-2 12313

2 Submitted into the public record in connection with itemsQA on 01-24-13

Todd B Hannon

City Clerk

Member of the Board of Governors of Nova Southeastern University H Wayne Huizenga School of Business and Entrepreneurship (1991 shypresent)

Member of the Advisory Board to the Masters Program in Real Estate Development and Management being offered by Nova University (1989 shy1990)

Member of the Committee Regarding Fort Lauderdale Federal Courthouse (July 2009 shypresent)

Member of the Federal Judicial Bar and Community Liaison Committee (June 2009 shypresent)

Trustee of the Florida Supreme Court Historical Society (June 2008 - present)

Member of the Florida Supreme Courts Task Force on Management of Cases Involving Complex Litigation (September 2006 - present)

Member of the Jury Instructions Committee (2006 - present)

Alumni Associate Member of the Trustee Committee on Development and Alumni Affairs of Lafayette College (May 2006 - present)

Member ofthe Board of Visitors ofTemple University School ofLaw (2001 - present)

Member of the Board of The Nature Conservancy of Florida (2001 - 2(08)

Chairman of the Fundraising Committee of the Inter-American Development Bank (lOB) 2008 Miami Host Committee

Member of the Board of Trustees North Broward Preparatory Schools (2006 - 2(08)

Member of the Florida Atlantic University Broward Advisory Board (1996 - 200 1)

Counsel to the Broward Community Health Purchasing Alliance (CHPA) (1994 shy2000)

Member of the Boys and Girls Club of Broward County Capital Campaign Cabinet (1996 - 20(0)

Chairman of the Continuing Legal Education Committee Chattanooga Bar Association (1982 - 1984)

3 Submitted into the public record in connection with items 014 on 01-24-13

Todd B Hannon City Clerk

271954-2

112313

bull

Political

Awards and Honors

271954-2 112313

Co-Leader of the Campaign For Change (National Democratic Coordinated Campaign) (2008) Member of the National Finance Board of Obama Victory Fund (2008)

Candidate as Presidential Elector (2004)

Co-Chair of the Democratic National Committee Battleground Victory Fund (2004)

Co-Chair of the National Finance Board Joe Lieberman For President (2004)

Chair of the Federal Victory Fund Democratic National Committee (2000)

Delegate to the Democratic National Convention (2000)

Candidate as Presidential Elector (2000)

Senior Advisor to the Gore 2000 Campaign

Finance Chair of the Florida Democratic Party (1994 to March 1997 and 200 1 shy2002)

Co-Chair of the National Finance Council of National Democratic Committee (1994 shyMarch 1997)

Presidential Elector (1996)

Delegate to the Democratic National Convention (1996)

Named 2010 Entrepreneur of the Year by Nova Southeastern University School of Business and Entrepreneurship (2010)

Named one of the top 10 Lawyers of the Decade by the South Florida Legal Guide (2010)

Berger Singerman PA was named Business of the Year in Professional Services category in the South Florida Business Journal (2008)

Berger Singerman PA was named winner of Good to Great Award by the tri-county Chambers of Commerce of Miami-Dade Broward and Boca Raton (2006)

Berger Singerman PA was named 2005 Business of the Year in the Legal Services category in the South Florida Business Journal (2005)

Excellence Award South Florida Water Management District (March 2001)

Submitted into the public 4 record in connection with items 014 on 01-24-13

Todd B Hannon City Clerk

Education

Scholarships And Grants

Publications

271954-2 1123113

Co-Lawyer of the Year National Law Journal (2000) Featured in the HBO movie Recount a depiction of the 2000 Presidential election lawsuit (May 2008)

Distinguished Lecturer at Nova Southeastern H Wayne Huizenga School of Business and Entrepreneurship (2000)

Recipient of Lawrence J OBrien Award from the National Democratic Party (1995)

Recipient of Hubert H Humphrey Award from the Florida Democratic Party (1995)

Mitchell Berger is designated as a top lawyer by Chambers Best Lawyers in America Martindale-Hubbell and Super Lawyers

Temple University Law School Juris Doctor - 1980 1977 - 1980 Member Temple Law Quarterly Chancellor Tau Epsilon Rho Staff Member The Jurist Treasurer Student Bar Association

Lafayette College Bachelor of Arts - 1977 1973 - 1977 Magna Cum Laude Member Omicron Delta Epsilon The International Economics Honor Society Treasurer Student Government Student member Board ofTrustees Varsity Letterman - Swimming

Judge Joseph Sloan Student Aid Award Temple University Law School New York State Regents Scholar (declined)

The Constitutional Implications ofGovernment Funding for Floridas Primary Voting Process Is It Constitutionally Permissible to Publicly Fund the Two Major Parties Primaries to the Exclusion ofAll Other Political Parties Mitchell W Berger and Gregory A Haile 33 NOVA L REv 1 (Fall 2008)

Cheneys Claims Could Expose Him to Suit - Mitchell W Berger and Gregory A Haile American Constitution Society For Law and Policy Blog (July 2 2007)

Passion for giving Smart Business Magazine (January 2006)

Attracting Bio-Tech Talent - Mitchell W Berger Smart Business (April 2006)

Antitrust Law Class Action Certification - Mitchell W Berger and Rene Harrod National Law Journal (July II 2005)

Presidential Elections - The Right to Vote andAccess to the Ballot John B Anderson Mitchell W Berger amp Grace E Robson 29 NOVA L REv 3 (Spring 2005)

5 Submitted into the public record in connection with items 014 on 01-24-13

Todd B Hannon City Clerk

Election 2000 The Law oTied Presidential Elections Mitchell W Berger amp Candice Tobin 26 NOVA L REV 3 (Spring 2002)

Comment The Brethren The Jurist Temple University School of law Vol 2 Spring 1980

Freight Railroads Too Little Too Late For a Deteriorating Industry The Jurist Temple University School of Law Vol 1 Spring 1979

REPRESENTATIVE REPORTED CASES

Supreme Court of Florida

McKenzie Check Advance ofFlorida LLC v Betts 928 So2d 1204 (Fla 2006)

NAACP Inc v Florida Bd ofRegents 863 So2d 294 (Fla 2003)

Albert Gore Jr and Joseph I Lieberman v Katherine Harris et aI 772 So 2d 1243 (Fla 2000) certiorari and stay granted Bush v Gore 531 US 1046 121 S Ct 512 148 L Ed 2d 553 (Fla 2000) reversed and remanded Bush v Gore 531 US 98 121 S Ct 525 148 L Ed 388 (Fla 2000) on remand Gore v Harris 773 So 2d 524 (Fla 2000)

Palm Beach County Canvassing Board v Katherine Harris Volusia County Canvassing Board v Katherine Harris and Florida Democratic Party v Katherine Harris 772 So2d 1220 (Fla 2ooo)cert granted Bush v Palm Beach County Canvassing Bd 531 US 1004 121 S Ct 510148 L Ed 2d478 (Fla 2000) vacated Bush v Palm Beach County Canvassing Bd 531 US 70121 S Ct 471148 L Ed 2d 366 (Fla 2000) on remand Palm Beach County Canvassing Bd v Harris 772 So2d 1273 (Fla 2000)

Kinney System Inc v The Continental Insurance Company 674 So2d 86 (Fla 1996)

Supreme Court of Georgia

Boca Petroco Inc et al vs Petroleum Realty II LLC 678 SE2d 330 (2009)

United States Courts of Appeals

Valley Drug Co v Geneva Pharmaceuticals Inc 344 F3d 1294 (11 th Cir 2003)

Valley Drug Co v Geneva Pharmaceuticals Inc 350 F3d 1181 (11 th Cir 2003)

Capitol Funds Inc v Arlen Realty Inc 755 F2d 1544 (lIth Cir 1985)

271954-2 123113

6 Submitted into the public record in connection with items Qh4 on 01-24-13

Todd B Hannon

City Clerk

State Intermediate Appellate Courts

ElstonLeetsdale LLC v CW Capital Asset Management LLC 87 So 3d 14 (Fla 4th DCA 2012)

Reuter Recycling ofFlorida Inc v City ofHallandale Florida 2008 WL 4862552 (Fla 4th DCA 2(08)

Blandin v Bayport Condominium Assocumon 988 So2d 666 (Fla 4th DCA 2008)

Boca Petroco Inc v Petroleum Realty I UC 993 So2d 1092 (Fla 4th DCA 2008)

Florida Democratic Party v Hood 884 So2d 1148 (Fla Dist Ct App 1st 2004) cert denied 888 So2d622 (Fla 2004)

Reuter Recycling ofFlorida Inc v City ofDania Beach 859 So2d 1271 (Fla 4th DCA 2003)

BlackpoolAssocs v SM-I06 Ltd 839 So2d 837 (Fla 4th DCA 2003)

Jenne v Church amp Tower Inc 814 So2d 522 (Fla 4th DCA 2002)

Miami-Dade County Democratic Party and Florida Democratic Party v Miami-Dade Canvassing Board Lawrence D King Myriam Lehr David C Leahy and The Republican Party ofDade County 773 So2d 1179 (Fla 3rd DCA 2000)

Optiplan Inc v School Board ofBroward County 710 So2d 569 (Fla 4th DCA 1998)

State ofTennessee v Willie Eugene Fox 701 SW 2d 233 (Tenn Crim App 1985)

State of Tennessee v Michael Lee Sammons 656 SW 2d 862 (Tenn Crim App 1982)

Federal District Courts

Joseph Corbett v Beneficial Ohio Inc 847 FSupp2d 1019 (SD Oh 2012)

New Motor Vehicles Canadian Export Antitrust litigation 269 FRD 80 (D Ma 2010)

Waters v International Precious Metals Corporation 172 FRD 479 (SD Fla 1996) (Mr Berger was the Special Master in this case)

Dorothy McBride et al v Galaxy Carpet Mills Inc et al 920 F Supp 1278 (ND Ga 1995)

United States Bankruptcy Court

Susan Marie Harris v Ben-Eua amp Katz PA et al 458 BR 591 (ND Fla 2011)

In Re David S Ziluck and Brenda L Ziluck 139 BR 44 (Bankr SD Fla 1992)

271954-2 7 Submitted into the public 112313 record in connection with

items 014 on 01-24-13 Todd B Hannon

City Clerk

Member of the Board of Governors of Nova Southeastern University H Wayne Huizenga School of Business and Entrepreneurship (1991 shypresent)

Member of the Advisory Board to the Masters Program in Real Estate Development and Management being offered by Nova University (1989 shy1990)

Member of the Committee Regarding Fort Lauderdale Federal Courthouse (July 2009 shypresent)

Member of the Federal Judicial Bar and Community Liaison Committee (June 2009 shypresent)

Trustee of the Florida Supreme Court Historical Society (June 2008 - present)

Member of the Florida Supreme Courts Task Force on Management of Cases Involving Complex Litigation (September 2006 - present)

Member of the Jury Instructions Committee (2006 - present)

Alumni Associate Member of the Trustee Committee on Development and Alumni Affairs of Lafayette College (May 2006 - present)

Member ofthe Board of Visitors ofTemple University School ofLaw (2001 - present)

Member of the Board of The Nature Conservancy of Florida (2001 - 2(08)

Chairman of the Fundraising Committee of the Inter-American Development Bank (lOB) 2008 Miami Host Committee

Member of the Board of Trustees North Broward Preparatory Schools (2006 - 2(08)

Member of the Florida Atlantic University Broward Advisory Board (1996 - 200 1)

Counsel to the Broward Community Health Purchasing Alliance (CHPA) (1994 shy2000)

Member of the Boys and Girls Club of Broward County Capital Campaign Cabinet (1996 - 20(0)

Chairman of the Continuing Legal Education Committee Chattanooga Bar Association (1982 - 1984)

3 Submitted into the public record in connection with items 014 on 01-24-13

Todd B Hannon City Clerk

271954-2

112313

bull

Political

Awards and Honors

271954-2 112313

Co-Leader of the Campaign For Change (National Democratic Coordinated Campaign) (2008) Member of the National Finance Board of Obama Victory Fund (2008)

Candidate as Presidential Elector (2004)

Co-Chair of the Democratic National Committee Battleground Victory Fund (2004)

Co-Chair of the National Finance Board Joe Lieberman For President (2004)

Chair of the Federal Victory Fund Democratic National Committee (2000)

Delegate to the Democratic National Convention (2000)

Candidate as Presidential Elector (2000)

Senior Advisor to the Gore 2000 Campaign

Finance Chair of the Florida Democratic Party (1994 to March 1997 and 200 1 shy2002)

Co-Chair of the National Finance Council of National Democratic Committee (1994 shyMarch 1997)

Presidential Elector (1996)

Delegate to the Democratic National Convention (1996)

Named 2010 Entrepreneur of the Year by Nova Southeastern University School of Business and Entrepreneurship (2010)

Named one of the top 10 Lawyers of the Decade by the South Florida Legal Guide (2010)

Berger Singerman PA was named Business of the Year in Professional Services category in the South Florida Business Journal (2008)

Berger Singerman PA was named winner of Good to Great Award by the tri-county Chambers of Commerce of Miami-Dade Broward and Boca Raton (2006)

Berger Singerman PA was named 2005 Business of the Year in the Legal Services category in the South Florida Business Journal (2005)

Excellence Award South Florida Water Management District (March 2001)

Submitted into the public 4 record in connection with items 014 on 01-24-13

Todd B Hannon City Clerk

Education

Scholarships And Grants

Publications

271954-2 1123113

Co-Lawyer of the Year National Law Journal (2000) Featured in the HBO movie Recount a depiction of the 2000 Presidential election lawsuit (May 2008)

Distinguished Lecturer at Nova Southeastern H Wayne Huizenga School of Business and Entrepreneurship (2000)

Recipient of Lawrence J OBrien Award from the National Democratic Party (1995)

Recipient of Hubert H Humphrey Award from the Florida Democratic Party (1995)

Mitchell Berger is designated as a top lawyer by Chambers Best Lawyers in America Martindale-Hubbell and Super Lawyers

Temple University Law School Juris Doctor - 1980 1977 - 1980 Member Temple Law Quarterly Chancellor Tau Epsilon Rho Staff Member The Jurist Treasurer Student Bar Association

Lafayette College Bachelor of Arts - 1977 1973 - 1977 Magna Cum Laude Member Omicron Delta Epsilon The International Economics Honor Society Treasurer Student Government Student member Board ofTrustees Varsity Letterman - Swimming

Judge Joseph Sloan Student Aid Award Temple University Law School New York State Regents Scholar (declined)

The Constitutional Implications ofGovernment Funding for Floridas Primary Voting Process Is It Constitutionally Permissible to Publicly Fund the Two Major Parties Primaries to the Exclusion ofAll Other Political Parties Mitchell W Berger and Gregory A Haile 33 NOVA L REv 1 (Fall 2008)

Cheneys Claims Could Expose Him to Suit - Mitchell W Berger and Gregory A Haile American Constitution Society For Law and Policy Blog (July 2 2007)

Passion for giving Smart Business Magazine (January 2006)

Attracting Bio-Tech Talent - Mitchell W Berger Smart Business (April 2006)

Antitrust Law Class Action Certification - Mitchell W Berger and Rene Harrod National Law Journal (July II 2005)

Presidential Elections - The Right to Vote andAccess to the Ballot John B Anderson Mitchell W Berger amp Grace E Robson 29 NOVA L REv 3 (Spring 2005)

5 Submitted into the public record in connection with items 014 on 01-24-13

Todd B Hannon City Clerk

Election 2000 The Law oTied Presidential Elections Mitchell W Berger amp Candice Tobin 26 NOVA L REV 3 (Spring 2002)

Comment The Brethren The Jurist Temple University School of law Vol 2 Spring 1980

Freight Railroads Too Little Too Late For a Deteriorating Industry The Jurist Temple University School of Law Vol 1 Spring 1979

REPRESENTATIVE REPORTED CASES

Supreme Court of Florida

McKenzie Check Advance ofFlorida LLC v Betts 928 So2d 1204 (Fla 2006)

NAACP Inc v Florida Bd ofRegents 863 So2d 294 (Fla 2003)

Albert Gore Jr and Joseph I Lieberman v Katherine Harris et aI 772 So 2d 1243 (Fla 2000) certiorari and stay granted Bush v Gore 531 US 1046 121 S Ct 512 148 L Ed 2d 553 (Fla 2000) reversed and remanded Bush v Gore 531 US 98 121 S Ct 525 148 L Ed 388 (Fla 2000) on remand Gore v Harris 773 So 2d 524 (Fla 2000)

Palm Beach County Canvassing Board v Katherine Harris Volusia County Canvassing Board v Katherine Harris and Florida Democratic Party v Katherine Harris 772 So2d 1220 (Fla 2ooo)cert granted Bush v Palm Beach County Canvassing Bd 531 US 1004 121 S Ct 510148 L Ed 2d478 (Fla 2000) vacated Bush v Palm Beach County Canvassing Bd 531 US 70121 S Ct 471148 L Ed 2d 366 (Fla 2000) on remand Palm Beach County Canvassing Bd v Harris 772 So2d 1273 (Fla 2000)

Kinney System Inc v The Continental Insurance Company 674 So2d 86 (Fla 1996)

Supreme Court of Georgia

Boca Petroco Inc et al vs Petroleum Realty II LLC 678 SE2d 330 (2009)

United States Courts of Appeals

Valley Drug Co v Geneva Pharmaceuticals Inc 344 F3d 1294 (11 th Cir 2003)

Valley Drug Co v Geneva Pharmaceuticals Inc 350 F3d 1181 (11 th Cir 2003)

Capitol Funds Inc v Arlen Realty Inc 755 F2d 1544 (lIth Cir 1985)

271954-2 123113

6 Submitted into the public record in connection with items Qh4 on 01-24-13

Todd B Hannon

City Clerk

State Intermediate Appellate Courts

ElstonLeetsdale LLC v CW Capital Asset Management LLC 87 So 3d 14 (Fla 4th DCA 2012)

Reuter Recycling ofFlorida Inc v City ofHallandale Florida 2008 WL 4862552 (Fla 4th DCA 2(08)

Blandin v Bayport Condominium Assocumon 988 So2d 666 (Fla 4th DCA 2008)

Boca Petroco Inc v Petroleum Realty I UC 993 So2d 1092 (Fla 4th DCA 2008)

Florida Democratic Party v Hood 884 So2d 1148 (Fla Dist Ct App 1st 2004) cert denied 888 So2d622 (Fla 2004)

Reuter Recycling ofFlorida Inc v City ofDania Beach 859 So2d 1271 (Fla 4th DCA 2003)

BlackpoolAssocs v SM-I06 Ltd 839 So2d 837 (Fla 4th DCA 2003)

Jenne v Church amp Tower Inc 814 So2d 522 (Fla 4th DCA 2002)

Miami-Dade County Democratic Party and Florida Democratic Party v Miami-Dade Canvassing Board Lawrence D King Myriam Lehr David C Leahy and The Republican Party ofDade County 773 So2d 1179 (Fla 3rd DCA 2000)

Optiplan Inc v School Board ofBroward County 710 So2d 569 (Fla 4th DCA 1998)

State ofTennessee v Willie Eugene Fox 701 SW 2d 233 (Tenn Crim App 1985)

State of Tennessee v Michael Lee Sammons 656 SW 2d 862 (Tenn Crim App 1982)

Federal District Courts

Joseph Corbett v Beneficial Ohio Inc 847 FSupp2d 1019 (SD Oh 2012)

New Motor Vehicles Canadian Export Antitrust litigation 269 FRD 80 (D Ma 2010)

Waters v International Precious Metals Corporation 172 FRD 479 (SD Fla 1996) (Mr Berger was the Special Master in this case)

Dorothy McBride et al v Galaxy Carpet Mills Inc et al 920 F Supp 1278 (ND Ga 1995)

United States Bankruptcy Court

Susan Marie Harris v Ben-Eua amp Katz PA et al 458 BR 591 (ND Fla 2011)

In Re David S Ziluck and Brenda L Ziluck 139 BR 44 (Bankr SD Fla 1992)

271954-2 7 Submitted into the public 112313 record in connection with

items 014 on 01-24-13 Todd B Hannon

City Clerk

bull

Political

Awards and Honors

271954-2 112313

Co-Leader of the Campaign For Change (National Democratic Coordinated Campaign) (2008) Member of the National Finance Board of Obama Victory Fund (2008)

Candidate as Presidential Elector (2004)

Co-Chair of the Democratic National Committee Battleground Victory Fund (2004)

Co-Chair of the National Finance Board Joe Lieberman For President (2004)

Chair of the Federal Victory Fund Democratic National Committee (2000)

Delegate to the Democratic National Convention (2000)

Candidate as Presidential Elector (2000)

Senior Advisor to the Gore 2000 Campaign

Finance Chair of the Florida Democratic Party (1994 to March 1997 and 200 1 shy2002)

Co-Chair of the National Finance Council of National Democratic Committee (1994 shyMarch 1997)

Presidential Elector (1996)

Delegate to the Democratic National Convention (1996)

Named 2010 Entrepreneur of the Year by Nova Southeastern University School of Business and Entrepreneurship (2010)

Named one of the top 10 Lawyers of the Decade by the South Florida Legal Guide (2010)

Berger Singerman PA was named Business of the Year in Professional Services category in the South Florida Business Journal (2008)

Berger Singerman PA was named winner of Good to Great Award by the tri-county Chambers of Commerce of Miami-Dade Broward and Boca Raton (2006)

Berger Singerman PA was named 2005 Business of the Year in the Legal Services category in the South Florida Business Journal (2005)

Excellence Award South Florida Water Management District (March 2001)

Submitted into the public 4 record in connection with items 014 on 01-24-13

Todd B Hannon City Clerk

Education

Scholarships And Grants

Publications

271954-2 1123113

Co-Lawyer of the Year National Law Journal (2000) Featured in the HBO movie Recount a depiction of the 2000 Presidential election lawsuit (May 2008)

Distinguished Lecturer at Nova Southeastern H Wayne Huizenga School of Business and Entrepreneurship (2000)

Recipient of Lawrence J OBrien Award from the National Democratic Party (1995)

Recipient of Hubert H Humphrey Award from the Florida Democratic Party (1995)

Mitchell Berger is designated as a top lawyer by Chambers Best Lawyers in America Martindale-Hubbell and Super Lawyers

Temple University Law School Juris Doctor - 1980 1977 - 1980 Member Temple Law Quarterly Chancellor Tau Epsilon Rho Staff Member The Jurist Treasurer Student Bar Association

Lafayette College Bachelor of Arts - 1977 1973 - 1977 Magna Cum Laude Member Omicron Delta Epsilon The International Economics Honor Society Treasurer Student Government Student member Board ofTrustees Varsity Letterman - Swimming

Judge Joseph Sloan Student Aid Award Temple University Law School New York State Regents Scholar (declined)

The Constitutional Implications ofGovernment Funding for Floridas Primary Voting Process Is It Constitutionally Permissible to Publicly Fund the Two Major Parties Primaries to the Exclusion ofAll Other Political Parties Mitchell W Berger and Gregory A Haile 33 NOVA L REv 1 (Fall 2008)

Cheneys Claims Could Expose Him to Suit - Mitchell W Berger and Gregory A Haile American Constitution Society For Law and Policy Blog (July 2 2007)

Passion for giving Smart Business Magazine (January 2006)

Attracting Bio-Tech Talent - Mitchell W Berger Smart Business (April 2006)

Antitrust Law Class Action Certification - Mitchell W Berger and Rene Harrod National Law Journal (July II 2005)

Presidential Elections - The Right to Vote andAccess to the Ballot John B Anderson Mitchell W Berger amp Grace E Robson 29 NOVA L REv 3 (Spring 2005)

5 Submitted into the public record in connection with items 014 on 01-24-13

Todd B Hannon City Clerk

Election 2000 The Law oTied Presidential Elections Mitchell W Berger amp Candice Tobin 26 NOVA L REV 3 (Spring 2002)

Comment The Brethren The Jurist Temple University School of law Vol 2 Spring 1980

Freight Railroads Too Little Too Late For a Deteriorating Industry The Jurist Temple University School of Law Vol 1 Spring 1979

REPRESENTATIVE REPORTED CASES

Supreme Court of Florida

McKenzie Check Advance ofFlorida LLC v Betts 928 So2d 1204 (Fla 2006)

NAACP Inc v Florida Bd ofRegents 863 So2d 294 (Fla 2003)

Albert Gore Jr and Joseph I Lieberman v Katherine Harris et aI 772 So 2d 1243 (Fla 2000) certiorari and stay granted Bush v Gore 531 US 1046 121 S Ct 512 148 L Ed 2d 553 (Fla 2000) reversed and remanded Bush v Gore 531 US 98 121 S Ct 525 148 L Ed 388 (Fla 2000) on remand Gore v Harris 773 So 2d 524 (Fla 2000)

Palm Beach County Canvassing Board v Katherine Harris Volusia County Canvassing Board v Katherine Harris and Florida Democratic Party v Katherine Harris 772 So2d 1220 (Fla 2ooo)cert granted Bush v Palm Beach County Canvassing Bd 531 US 1004 121 S Ct 510148 L Ed 2d478 (Fla 2000) vacated Bush v Palm Beach County Canvassing Bd 531 US 70121 S Ct 471148 L Ed 2d 366 (Fla 2000) on remand Palm Beach County Canvassing Bd v Harris 772 So2d 1273 (Fla 2000)

Kinney System Inc v The Continental Insurance Company 674 So2d 86 (Fla 1996)

Supreme Court of Georgia

Boca Petroco Inc et al vs Petroleum Realty II LLC 678 SE2d 330 (2009)

United States Courts of Appeals

Valley Drug Co v Geneva Pharmaceuticals Inc 344 F3d 1294 (11 th Cir 2003)

Valley Drug Co v Geneva Pharmaceuticals Inc 350 F3d 1181 (11 th Cir 2003)

Capitol Funds Inc v Arlen Realty Inc 755 F2d 1544 (lIth Cir 1985)

271954-2 123113

6 Submitted into the public record in connection with items Qh4 on 01-24-13

Todd B Hannon

City Clerk

State Intermediate Appellate Courts

ElstonLeetsdale LLC v CW Capital Asset Management LLC 87 So 3d 14 (Fla 4th DCA 2012)

Reuter Recycling ofFlorida Inc v City ofHallandale Florida 2008 WL 4862552 (Fla 4th DCA 2(08)

Blandin v Bayport Condominium Assocumon 988 So2d 666 (Fla 4th DCA 2008)

Boca Petroco Inc v Petroleum Realty I UC 993 So2d 1092 (Fla 4th DCA 2008)

Florida Democratic Party v Hood 884 So2d 1148 (Fla Dist Ct App 1st 2004) cert denied 888 So2d622 (Fla 2004)

Reuter Recycling ofFlorida Inc v City ofDania Beach 859 So2d 1271 (Fla 4th DCA 2003)

BlackpoolAssocs v SM-I06 Ltd 839 So2d 837 (Fla 4th DCA 2003)

Jenne v Church amp Tower Inc 814 So2d 522 (Fla 4th DCA 2002)

Miami-Dade County Democratic Party and Florida Democratic Party v Miami-Dade Canvassing Board Lawrence D King Myriam Lehr David C Leahy and The Republican Party ofDade County 773 So2d 1179 (Fla 3rd DCA 2000)

Optiplan Inc v School Board ofBroward County 710 So2d 569 (Fla 4th DCA 1998)

State ofTennessee v Willie Eugene Fox 701 SW 2d 233 (Tenn Crim App 1985)

State of Tennessee v Michael Lee Sammons 656 SW 2d 862 (Tenn Crim App 1982)

Federal District Courts

Joseph Corbett v Beneficial Ohio Inc 847 FSupp2d 1019 (SD Oh 2012)

New Motor Vehicles Canadian Export Antitrust litigation 269 FRD 80 (D Ma 2010)

Waters v International Precious Metals Corporation 172 FRD 479 (SD Fla 1996) (Mr Berger was the Special Master in this case)

Dorothy McBride et al v Galaxy Carpet Mills Inc et al 920 F Supp 1278 (ND Ga 1995)

United States Bankruptcy Court

Susan Marie Harris v Ben-Eua amp Katz PA et al 458 BR 591 (ND Fla 2011)

In Re David S Ziluck and Brenda L Ziluck 139 BR 44 (Bankr SD Fla 1992)

271954-2 7 Submitted into the public 112313 record in connection with

items 014 on 01-24-13 Todd B Hannon

City Clerk

Education

Scholarships And Grants

Publications

271954-2 1123113

Co-Lawyer of the Year National Law Journal (2000) Featured in the HBO movie Recount a depiction of the 2000 Presidential election lawsuit (May 2008)

Distinguished Lecturer at Nova Southeastern H Wayne Huizenga School of Business and Entrepreneurship (2000)

Recipient of Lawrence J OBrien Award from the National Democratic Party (1995)

Recipient of Hubert H Humphrey Award from the Florida Democratic Party (1995)

Mitchell Berger is designated as a top lawyer by Chambers Best Lawyers in America Martindale-Hubbell and Super Lawyers

Temple University Law School Juris Doctor - 1980 1977 - 1980 Member Temple Law Quarterly Chancellor Tau Epsilon Rho Staff Member The Jurist Treasurer Student Bar Association

Lafayette College Bachelor of Arts - 1977 1973 - 1977 Magna Cum Laude Member Omicron Delta Epsilon The International Economics Honor Society Treasurer Student Government Student member Board ofTrustees Varsity Letterman - Swimming

Judge Joseph Sloan Student Aid Award Temple University Law School New York State Regents Scholar (declined)

The Constitutional Implications ofGovernment Funding for Floridas Primary Voting Process Is It Constitutionally Permissible to Publicly Fund the Two Major Parties Primaries to the Exclusion ofAll Other Political Parties Mitchell W Berger and Gregory A Haile 33 NOVA L REv 1 (Fall 2008)

Cheneys Claims Could Expose Him to Suit - Mitchell W Berger and Gregory A Haile American Constitution Society For Law and Policy Blog (July 2 2007)

Passion for giving Smart Business Magazine (January 2006)

Attracting Bio-Tech Talent - Mitchell W Berger Smart Business (April 2006)

Antitrust Law Class Action Certification - Mitchell W Berger and Rene Harrod National Law Journal (July II 2005)

Presidential Elections - The Right to Vote andAccess to the Ballot John B Anderson Mitchell W Berger amp Grace E Robson 29 NOVA L REv 3 (Spring 2005)

5 Submitted into the public record in connection with items 014 on 01-24-13

Todd B Hannon City Clerk

Election 2000 The Law oTied Presidential Elections Mitchell W Berger amp Candice Tobin 26 NOVA L REV 3 (Spring 2002)

Comment The Brethren The Jurist Temple University School of law Vol 2 Spring 1980

Freight Railroads Too Little Too Late For a Deteriorating Industry The Jurist Temple University School of Law Vol 1 Spring 1979

REPRESENTATIVE REPORTED CASES

Supreme Court of Florida

McKenzie Check Advance ofFlorida LLC v Betts 928 So2d 1204 (Fla 2006)

NAACP Inc v Florida Bd ofRegents 863 So2d 294 (Fla 2003)

Albert Gore Jr and Joseph I Lieberman v Katherine Harris et aI 772 So 2d 1243 (Fla 2000) certiorari and stay granted Bush v Gore 531 US 1046 121 S Ct 512 148 L Ed 2d 553 (Fla 2000) reversed and remanded Bush v Gore 531 US 98 121 S Ct 525 148 L Ed 388 (Fla 2000) on remand Gore v Harris 773 So 2d 524 (Fla 2000)

Palm Beach County Canvassing Board v Katherine Harris Volusia County Canvassing Board v Katherine Harris and Florida Democratic Party v Katherine Harris 772 So2d 1220 (Fla 2ooo)cert granted Bush v Palm Beach County Canvassing Bd 531 US 1004 121 S Ct 510148 L Ed 2d478 (Fla 2000) vacated Bush v Palm Beach County Canvassing Bd 531 US 70121 S Ct 471148 L Ed 2d 366 (Fla 2000) on remand Palm Beach County Canvassing Bd v Harris 772 So2d 1273 (Fla 2000)

Kinney System Inc v The Continental Insurance Company 674 So2d 86 (Fla 1996)

Supreme Court of Georgia

Boca Petroco Inc et al vs Petroleum Realty II LLC 678 SE2d 330 (2009)

United States Courts of Appeals

Valley Drug Co v Geneva Pharmaceuticals Inc 344 F3d 1294 (11 th Cir 2003)

Valley Drug Co v Geneva Pharmaceuticals Inc 350 F3d 1181 (11 th Cir 2003)

Capitol Funds Inc v Arlen Realty Inc 755 F2d 1544 (lIth Cir 1985)

271954-2 123113

6 Submitted into the public record in connection with items Qh4 on 01-24-13

Todd B Hannon

City Clerk

State Intermediate Appellate Courts

ElstonLeetsdale LLC v CW Capital Asset Management LLC 87 So 3d 14 (Fla 4th DCA 2012)

Reuter Recycling ofFlorida Inc v City ofHallandale Florida 2008 WL 4862552 (Fla 4th DCA 2(08)

Blandin v Bayport Condominium Assocumon 988 So2d 666 (Fla 4th DCA 2008)

Boca Petroco Inc v Petroleum Realty I UC 993 So2d 1092 (Fla 4th DCA 2008)

Florida Democratic Party v Hood 884 So2d 1148 (Fla Dist Ct App 1st 2004) cert denied 888 So2d622 (Fla 2004)

Reuter Recycling ofFlorida Inc v City ofDania Beach 859 So2d 1271 (Fla 4th DCA 2003)

BlackpoolAssocs v SM-I06 Ltd 839 So2d 837 (Fla 4th DCA 2003)

Jenne v Church amp Tower Inc 814 So2d 522 (Fla 4th DCA 2002)

Miami-Dade County Democratic Party and Florida Democratic Party v Miami-Dade Canvassing Board Lawrence D King Myriam Lehr David C Leahy and The Republican Party ofDade County 773 So2d 1179 (Fla 3rd DCA 2000)

Optiplan Inc v School Board ofBroward County 710 So2d 569 (Fla 4th DCA 1998)

State ofTennessee v Willie Eugene Fox 701 SW 2d 233 (Tenn Crim App 1985)

State of Tennessee v Michael Lee Sammons 656 SW 2d 862 (Tenn Crim App 1982)

Federal District Courts

Joseph Corbett v Beneficial Ohio Inc 847 FSupp2d 1019 (SD Oh 2012)

New Motor Vehicles Canadian Export Antitrust litigation 269 FRD 80 (D Ma 2010)

Waters v International Precious Metals Corporation 172 FRD 479 (SD Fla 1996) (Mr Berger was the Special Master in this case)

Dorothy McBride et al v Galaxy Carpet Mills Inc et al 920 F Supp 1278 (ND Ga 1995)

United States Bankruptcy Court

Susan Marie Harris v Ben-Eua amp Katz PA et al 458 BR 591 (ND Fla 2011)

In Re David S Ziluck and Brenda L Ziluck 139 BR 44 (Bankr SD Fla 1992)

271954-2 7 Submitted into the public 112313 record in connection with

items 014 on 01-24-13 Todd B Hannon

City Clerk

Election 2000 The Law oTied Presidential Elections Mitchell W Berger amp Candice Tobin 26 NOVA L REV 3 (Spring 2002)

Comment The Brethren The Jurist Temple University School of law Vol 2 Spring 1980

Freight Railroads Too Little Too Late For a Deteriorating Industry The Jurist Temple University School of Law Vol 1 Spring 1979

REPRESENTATIVE REPORTED CASES

Supreme Court of Florida

McKenzie Check Advance ofFlorida LLC v Betts 928 So2d 1204 (Fla 2006)

NAACP Inc v Florida Bd ofRegents 863 So2d 294 (Fla 2003)

Albert Gore Jr and Joseph I Lieberman v Katherine Harris et aI 772 So 2d 1243 (Fla 2000) certiorari and stay granted Bush v Gore 531 US 1046 121 S Ct 512 148 L Ed 2d 553 (Fla 2000) reversed and remanded Bush v Gore 531 US 98 121 S Ct 525 148 L Ed 388 (Fla 2000) on remand Gore v Harris 773 So 2d 524 (Fla 2000)

Palm Beach County Canvassing Board v Katherine Harris Volusia County Canvassing Board v Katherine Harris and Florida Democratic Party v Katherine Harris 772 So2d 1220 (Fla 2ooo)cert granted Bush v Palm Beach County Canvassing Bd 531 US 1004 121 S Ct 510148 L Ed 2d478 (Fla 2000) vacated Bush v Palm Beach County Canvassing Bd 531 US 70121 S Ct 471148 L Ed 2d 366 (Fla 2000) on remand Palm Beach County Canvassing Bd v Harris 772 So2d 1273 (Fla 2000)

Kinney System Inc v The Continental Insurance Company 674 So2d 86 (Fla 1996)

Supreme Court of Georgia

Boca Petroco Inc et al vs Petroleum Realty II LLC 678 SE2d 330 (2009)

United States Courts of Appeals

Valley Drug Co v Geneva Pharmaceuticals Inc 344 F3d 1294 (11 th Cir 2003)

Valley Drug Co v Geneva Pharmaceuticals Inc 350 F3d 1181 (11 th Cir 2003)

Capitol Funds Inc v Arlen Realty Inc 755 F2d 1544 (lIth Cir 1985)

271954-2 123113

6 Submitted into the public record in connection with items Qh4 on 01-24-13

Todd B Hannon

City Clerk

State Intermediate Appellate Courts

ElstonLeetsdale LLC v CW Capital Asset Management LLC 87 So 3d 14 (Fla 4th DCA 2012)

Reuter Recycling ofFlorida Inc v City ofHallandale Florida 2008 WL 4862552 (Fla 4th DCA 2(08)

Blandin v Bayport Condominium Assocumon 988 So2d 666 (Fla 4th DCA 2008)

Boca Petroco Inc v Petroleum Realty I UC 993 So2d 1092 (Fla 4th DCA 2008)

Florida Democratic Party v Hood 884 So2d 1148 (Fla Dist Ct App 1st 2004) cert denied 888 So2d622 (Fla 2004)

Reuter Recycling ofFlorida Inc v City ofDania Beach 859 So2d 1271 (Fla 4th DCA 2003)

BlackpoolAssocs v SM-I06 Ltd 839 So2d 837 (Fla 4th DCA 2003)

Jenne v Church amp Tower Inc 814 So2d 522 (Fla 4th DCA 2002)

Miami-Dade County Democratic Party and Florida Democratic Party v Miami-Dade Canvassing Board Lawrence D King Myriam Lehr David C Leahy and The Republican Party ofDade County 773 So2d 1179 (Fla 3rd DCA 2000)

Optiplan Inc v School Board ofBroward County 710 So2d 569 (Fla 4th DCA 1998)

State ofTennessee v Willie Eugene Fox 701 SW 2d 233 (Tenn Crim App 1985)

State of Tennessee v Michael Lee Sammons 656 SW 2d 862 (Tenn Crim App 1982)

Federal District Courts

Joseph Corbett v Beneficial Ohio Inc 847 FSupp2d 1019 (SD Oh 2012)

New Motor Vehicles Canadian Export Antitrust litigation 269 FRD 80 (D Ma 2010)

Waters v International Precious Metals Corporation 172 FRD 479 (SD Fla 1996) (Mr Berger was the Special Master in this case)

Dorothy McBride et al v Galaxy Carpet Mills Inc et al 920 F Supp 1278 (ND Ga 1995)

United States Bankruptcy Court

Susan Marie Harris v Ben-Eua amp Katz PA et al 458 BR 591 (ND Fla 2011)

In Re David S Ziluck and Brenda L Ziluck 139 BR 44 (Bankr SD Fla 1992)

271954-2 7 Submitted into the public 112313 record in connection with

items 014 on 01-24-13 Todd B Hannon

City Clerk

State Intermediate Appellate Courts

ElstonLeetsdale LLC v CW Capital Asset Management LLC 87 So 3d 14 (Fla 4th DCA 2012)

Reuter Recycling ofFlorida Inc v City ofHallandale Florida 2008 WL 4862552 (Fla 4th DCA 2(08)

Blandin v Bayport Condominium Assocumon 988 So2d 666 (Fla 4th DCA 2008)

Boca Petroco Inc v Petroleum Realty I UC 993 So2d 1092 (Fla 4th DCA 2008)

Florida Democratic Party v Hood 884 So2d 1148 (Fla Dist Ct App 1st 2004) cert denied 888 So2d622 (Fla 2004)

Reuter Recycling ofFlorida Inc v City ofDania Beach 859 So2d 1271 (Fla 4th DCA 2003)

BlackpoolAssocs v SM-I06 Ltd 839 So2d 837 (Fla 4th DCA 2003)

Jenne v Church amp Tower Inc 814 So2d 522 (Fla 4th DCA 2002)

Miami-Dade County Democratic Party and Florida Democratic Party v Miami-Dade Canvassing Board Lawrence D King Myriam Lehr David C Leahy and The Republican Party ofDade County 773 So2d 1179 (Fla 3rd DCA 2000)

Optiplan Inc v School Board ofBroward County 710 So2d 569 (Fla 4th DCA 1998)

State ofTennessee v Willie Eugene Fox 701 SW 2d 233 (Tenn Crim App 1985)

State of Tennessee v Michael Lee Sammons 656 SW 2d 862 (Tenn Crim App 1982)

Federal District Courts

Joseph Corbett v Beneficial Ohio Inc 847 FSupp2d 1019 (SD Oh 2012)

New Motor Vehicles Canadian Export Antitrust litigation 269 FRD 80 (D Ma 2010)

Waters v International Precious Metals Corporation 172 FRD 479 (SD Fla 1996) (Mr Berger was the Special Master in this case)

Dorothy McBride et al v Galaxy Carpet Mills Inc et al 920 F Supp 1278 (ND Ga 1995)

United States Bankruptcy Court

Susan Marie Harris v Ben-Eua amp Katz PA et al 458 BR 591 (ND Fla 2011)

In Re David S Ziluck and Brenda L Ziluck 139 BR 44 (Bankr SD Fla 1992)

271954-2 7 Submitted into the public 112313 record in connection with

items 014 on 01-24-13 Todd B Hannon

City Clerk

BERGER SINGERMAN

Associate (954) 712-5104 pfiggbergersingermancom

350 East Las Olas Boulevard Fort Lauderdale FL 33301 Tel (954) 525-9900 Fax (954) 523-2872

Practice Team

bull Government and Regulatory

Practice Areas

bull Aviation bull Government Disputes bull Government Permitting and

Licensing bull State and Local Government Law bull Sustainable Development and

Green Building

Admitted to Practice

bull Florida

Education

bull JD University of Florida Frederic G Levin College of Law

bull BA PhilosophyEnglish magna cum laude University of South Florida

Submitted into the public record in connection with items 014 on 01-24-13

Todd B Hannon City Clerk

Paul S Figg Serving as an Assistant County Attorney in Broward County Paul Figg gained extensive experience in construction litigation constitutional law and employment law including litigating cases involving intergovernmental conflicts construction disputes labor disputes and disciplinary proceedings employment discrimination personal injury equitable subrogation bid protests Bert J Harris Act and constitutional rights claims Additionally his experience includes advising private clients local government and county agencies on issues involving land use intergovernmental disputes taxation employment and labor disputes public records and meetings laws and elections Paul is also experienced in constitutional litigation including issues involving due process free speech and the establishment clause

Representative Experience

bull Currently serves as Assistant Airport Legal Counsel to the Boca Raton Airport Authority and in connection with such representation has prepared various resolutions regulations and bylaws along with the Airports procurement code sign standards and other organic documents

bull Represented the owner of one of the largest mobile home parks in South Florida and coordinated the closing of the mobile home park and plans for re-development of the land while lobbying against efforts on the part of the Town of Davie to attempt to pass on the relocation expenses of residents to the mobile home park owner

bull Represents The GEO Group Inc in connection with the negotiation of water and wastewater service agreements with the City of Moore Haven Desoto County City of Milton the Village of Baldin MI and Webber Township MI

bull Represented Metro Cruise Services in connection with their efforts to obtain a franchise to perform stevedoring services at Port Everglades and in connection therewith assisted in litigation pursuant to 42 USC s 1983 on the Commerce Clause and the Public Records Laws

bull Represented the Dade County Classroom Teachers Association in appeal of property tax assessments levied against the Association as a good faith purchaser of real property and secured a tax reduction in excess of $300000

bull Serve as general counsel for Florida High Schools for Accelerated Learning in Broward and Palm Beach Counties

bull Represent SMG the company that manages the Greater Fort LauderdaleBroward County Convention Center in

Paul s Figg Page 112

BERGER SINGERMAN

connection with vendor contracting and public records requirements

Professional amp Community Involvement

bull Board of Directors amp Executive Committee of Port Everglades Association

bull Board of Directors Child Net bull Builders Association of South Florida Representative

Broward County Housing Council bull General Counsel Broward Housing Solutions bull Leaders of Tomorrow bull Chairman Port Everglades Association Political Action

Committee

Awards amp Recognition

bull AVreg PreeminentTJ1 rated by Martindale-Hubbell bull 2008 - Presidents Award from the Builders Association

of South Florida (BAS F) bull Florida Super Lawyers Rising Star (2010 2012)

Prior Affiliations

bull Weiss Serota Helfman Pastoriza Cole amp BoniskeshyOctober 2005 to September 2006

bull Broward County Attorneys Office - October 2002 to October 2005

Submitted into the public record in connection with items ~ on 01-24-13

Todd B Hannon Paul S Figg Page 22

City Clerk

BERGER SINGERMAN

Partner (850) 521-6723 DThompsonbergersingermancom

125 South Gadsden Street Tallahassee FL 32301 Tel (850) 561-3010 Fax (850) 561-3013

Practice Team

bull Government and Regulatory bull Dispute Resolution

Practice Areas

bull Administrative Hearings and Appeals

bull Complex Commercial Litigation bull Environmental Issues bull Government Disputes bull Government Permitting and

Licensing bull Land Use ampZoning bull State and Local Government Law

Admitted to Practice

bull Florida bull US Circuit Court of Appeals for the

Eleventh Circuit bull US District Court for the Northern

Middle and Southern District of Florida

bull US Court of Claims

Education

bull JD with honors Florida State University College of Law

bull BA Yale University

Submitted into the public record in connection with items 014 on 01-24-13

Todd B Hannon City Clerk

Daniel H Thompson Dan Thompson is Board Certified by The Florida Bar as an expert in State and Federal Government and Administrative Practice He assists clients with governmental regulatory matters with a particular emphasis on environmental and land use issues His experience includes licensing permitting enforcement policy development government contracts bid disputes and assistance in the transfer and development of environmentally-distressed property This can involve negotiation administrative and civil litigation rulemaking regulatory due diligence appearances before legislative and administrative bodies and such other activities as are necessary to resolve client problems Dans practice also includes general civil and appellate litigation

Representative Experience

bull Federal court litigation over the scope of Clean Water Act NPDES permitting requirements associated with the water management activities of the South Florida Water Management District

bull Administrative litigation over the issuance of environmental permits to the Florida Department of Transportation to widen 20 miles of US 1 through wetlands in the Everglades and Florida Keys

bull An arbitration hearing as arbitrator over an application by Tampa Bay Water for environmental permits to construct a 1100 acre 15 billion gallon reservoir in Hillsborough County

bull Rule development activities before the Florida Department of Environmental Protection (DEP) (including rule drafting public hearing participation and rule challenge litigation) associated with the promulgation of a numeric phosphorus criterion for the Everglades

bull Assisting a major oil company resolve a variety of ongoing environmental concerns associated with its operation of oil terminal facilies located in Port Everglades Tampa and Jacksonville related to state cleanup program eligibility the remediation of leaking tanks and resolution of stormwater runoff permitting requirements

bull Resolving the regulatory and enforcement concerns of state and local agencies in order to enable a developer to obtain the necessary authorizations to construct in a costshyeffective manner a major mixed use development on a 20-acre portion of an old municipal landfill located in Tampa

bull While at DER and DEP chief litigation and legislative strategist for the State of Floridas response to the soshycalled Everglades Lawsuit and a leader in negotiations that resulted in the 1991 Settlement Agreement and the

Daniel H Thompson Page 13

BERGER SINGERMAN

Partner (850) 521-6723 DThompsonbergersingermancom

125 South Gadsden Street Tallahassee FL 32301 Tel (850) 561-3010 Fax (850) 561-3013

Practice Team

bull Government and Regulatory bull Dispute Resolution

Practice Areas

bull Administrative Hearings and Appeals

bull Complex Commercial Litigation bull Environmental Issues bull Government Disputes bull Government Permitting and

Licensing bull Land Use ampZoning bull State and Local Government Law

Admitted to Practice

bull Florida bull US Circuit Court of Appeals for the

Eleventh Circuit bull US District Court for the Northern

Middle and Southern District of Florida

bull US Court of Claims

Education

bull JD with honors Florida State University College of Law

bull BA Yale University

Submitted into the public record in connection with items 014 on 01-24-13

Todd B Hannon City Clerk

Daniel H Thompson Dan Thompson is Board Certified by The Florida Bar as an expert in State and Federal Government and Administrative Practice He assists clients with governmental regulatory matters with a particular emphasis on environmental and land use issues His experience includes licensing permitting enforcement policy development government contracts bid disputes and assistance in the transfer and development of environmentally-distressed property This can involve negotiation administrative and civil litigation rulemaking regulatory due diligence appearances before legislative and administrative bodies and such other activities as are necessary to resolve client problems Dans practice also includes general civil and appellate litigation

Representative Experience

bull Federal court litigation over the scope of Clean Water Act NPDES permitting requirements associated with the water management activities of the South Florida Water Management District

bull Administrative litigation over the issuance of environmental permits to the Florida Department of Transportation to widen 20 miles of US 1 through wetlands in the Everglades and Florida Keys

bull An arbitration hearing as arbitrator over an application by Tampa Bay Water for environmental permits to construct a 1100 acre 15 billion gallon reservoir in Hillsborough County

bull Rule development activities before the Florida Department of Environmental Protection (DEP) (including rule drafting public hearing participation and rule challenge litigation) associated with the promulgation of a numeric phosphorus criterion for the Everglades

bull Assisting a major oil company resolve a variety of ongoing environmental concerns associated with its operation of oil terminal facilies located in Port Everglades Tampa and Jacksonville related to state cleanup program eligibility the remediation of leaking tanks and resolution of stormwater runoff permitting requirements

bull Resolving the regulatory and enforcement concerns of state and local agencies in order to enable a developer to obtain the necessary authorizations to construct in a costshyeffective manner a major mixed use development on a 20-acre portion of an old municipal landfill located in Tampa

bull While at DER and DEP chief litigation and legislative strategist for the State of Floridas response to the soshycalled Everglades Lawsuit and a leader in negotiations that resulted in the 1991 Settlement Agreement and the

Daniel H Thompson Page 13

BERGER SINGERMAN

Submitted into the public record in connection with items 014 on 01-24-13

Todd B Hannon City Clerk

1993 Statement of Principles as well as the Marjory Stoneman Douglas Everglades Protection Act (1991 ) and the Everglades Forever Act (1994)

Professional ampCommunity Involvement

bull Member The Florida Bars Chief Justices Advisory Committee for the 2012 Tobias Simon Pro Bono Awards

bull Member Board of Trustees of the Apalachee Land Conservancy

bull Immediate Past President Board of Directors of Florida Legal Services Inc

bull Member of the Board of Directors of The Florida Bar Foundation

bull Member Board of Directors of the Bobbin Brook Homeowners Association

bull Tallahassee Area Director of the Yale Alumni Schools Committee

bull Former Co-chair Refuge House Capital Campaign bull Former President Legal Aid Foundation of the

Tallahassee Bar Association bull Formerly a member of the Executive Council of the

Environmental and Land Use Law Section of The Florida Bar

Awards amp Recognition

bull Board Certified State and Federal Government and Administrative Practice

bull Chambers amp Partners USA Americas Leading Business Lawyers Environment (2007-2012)

bull Florida Super Lawyers (2006-2012) bull The Best Lawyers in America (2007-2012) bull Florida Trend Magazines Legal Elite (2007-2008) bull AVreg PreeminentThl rated by Martindale-Hubbell

Articles amp Presentations Recent Articles

bull Environmental Bills in 2012 Session Focused on Streamlining Processes Florida Specifier April 2012

bull Treatise on Florida Environmental and Land Use Law (The Florida Bar 2012) Chapter 9 (Wetlands and Surface Waters) and Chapter 11 (Groundwater)

Recent Presentations

bull What is a Chapter 120 Agency at The Florida Bar Administrative Law Section 2012 Pat Dore Administrative

Daniel H Thompson Page 213

B ERG ER S I NGERMAN

Law Conference (November 2012) bull Ethical Legal and Technical Issues Associated with

Reporting Contamination at The Florida Bar Environmental and Land Use Law Section Seminar on Ethical Challenge for the Environmental Lawyer and Consultant (August 2012)

bull Federal APA Judicial Review of Agency Action (Scope and Availability of Judicial Review) The Florida Bar State and Federal Government and Administrative Practice (SFGAP) Certification Review Course - Federal (April 2012)

bull Spoken at numerous seminars offered by The Florida Bar the American Bar Association the Florida Chamber of Commerce and various other professional trade and other organizations

Prior Affiliations

bull Deputy Secretary of the Florida Department of Environmental Protection and directed its regulatory divisions and district offices supervising approximately 1300 employeesFrom (1993-1995)

bull Florida Department of Environmental Regulation (DER) as Deputy General Counsel for Enforcement General Counsel and Assistant Secretary (1982- 1993)

bull Adjunct Professor of Law at the Florida State University College of Law and was previously employed at Florida Legal Services Inc and Legal Services of North Florida Inc

Submitted into the public record in connection with items 014 on 01-24-13

Daniel H Thompson Page 313 Todd B Hannon City Clerk

B ERG ER S I NGERMAN

Law Conference (November 2012) bull Ethical Legal and Technical Issues Associated with

Reporting Contamination at The Florida Bar Environmental and Land Use Law Section Seminar on Ethical Challenge for the Environmental Lawyer and Consultant (August 2012)

bull Federal APA Judicial Review of Agency Action (Scope and Availability of Judicial Review) The Florida Bar State and Federal Government and Administrative Practice (SFGAP) Certification Review Course - Federal (April 2012)

bull Spoken at numerous seminars offered by The Florida Bar the American Bar Association the Florida Chamber of Commerce and various other professional trade and other organizations

Prior Affiliations

bull Deputy Secretary of the Florida Department of Environmental Protection and directed its regulatory divisions and district offices supervising approximately 1300 employeesFrom (1993-1995)

bull Florida Department of Environmental Regulation (DER) as Deputy General Counsel for Enforcement General Counsel and Assistant Secretary (1982- 1993)

bull Adjunct Professor of Law at the Florida State University College of Law and was previously employed at Florida Legal Services Inc and Legal Services of North Florida Inc

Submitted into the public record in connection with items 014 on 01-24-13

Daniel H Thompson Page 313 Todd B Hannon City Clerk