Gillespie V Google, Complaint For Replevin
Gillespie V Google, Complaint For Replevin
NEIL J. GILLESPIE,
Plaintiff,
2024-CA-0209
Case Number:__________________
vs. JURY TRIAL DEMANDED
Defendants.
______________________________________/
Plaintiff pro se Neil J. Gillespie, a nonlawyer, sues the Defendants, and alleges:
2. The description of the property is: The Plaintiff’s Google Account, [email protected],
and the Neil Gillespie YouTube channel: @neilgillespie4184 (Exhibits 5 and 6); telephone no.
352-615-3819; and Plaintiff’s current TracFone account for 352-850-5009. (Exhibits 7 and 8).
3. To the best of Plaintiff’s knowledge, information, and belief, the value of the property is
Gillespie Blogger profile with his blogs, and the Neil Gillespie YouTube channel:
[email protected], Neil Gillespie Blooger user profile, including the Neil 2020 blog, the
Justice Network blog, the Music and Video - 2020 Election blog, and the Neil Gillespie
YouTube channel, his intellectual property under the Google Terms of Service (“Google TOS”)
effective January 5, 2022, a copy of the Google TOS being attached at Appendix A, Exhibit A.1.
B. The Plaintiff is entitled to the possession the telephone number 352-615-3819 under a
Retail Installment Contract with Verizon Wireless Services LLC dated November 29, 2022, a
C. The Plaintiff is entitled to the possession of his current Tracfone account for 352-850-
5009 under a Tracfone 1 Year and 400 minutes phone card, a “365-DAY PLAN” activated
November 3, 2023, a copy of the phone card and purchase receipt appearing at Exhibits 7 and 8.
A. Defendant Google LLC came into possession of the property when the Plaintiff
opened his Google Account [email protected] in 2011. To the Plaintiff’s best knowledge,
information, and belief, Defendant Google LLC detains the property because Google claims it
cannot be sure the Account [email protected] belongs to the Plaintiff, Neil J. Gillespie.
Separately and in addition, the timing and circumstances of Defendant Google LLC’s wrongful
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detainer of the Plaintiff’s property shows a prior restraint on political speech, and election
interference, under the laws and constitution of Florida, and of the United States. (Appendix C).
Installment Contract with the Plaintiff November 29, 2022, to port his former pre-paid Tracfone
number 352-615-3819 to a new post-paid Moto G Pure Verizon wireless phone. (Appendix B).
The Plaintiff’s phone no. 352-615-3819 is his recovery phone for his Google Account
[email protected]. TracFone Wireless, Inc. is owned by Verizon, and all Tracfone brands are
now a part of the Verizon family. To the Plaintiff’s best knowledge, information, and belief,
Defendant Verizon Wireless detained his phone number 352-615-3819, then failed to port the
number to a new wireless device for the Plaintiff, preventing him from getting a verification
code from Google sent to 352-615-3819, a verification code needed to access his Google
Account [email protected]. Without the verification code, the Defendant Google LLC claims
it cannot be sure the Google Account [email protected] belongs to the Plaintiff, Neil J.
Gillespie.
C. Defendant TracFone Wireless, Inc. has refused the Plaintiff possession of his current
Tracfone account for 352-850-5009 under a Tracfone pre-paid “365-DAY PLAN” activated on
November 3, 2023 (Exhibit 7) and valid to November 2, 2024. The Plaintiff’s Tracfone wireless
device, a Blu View 2 B131DL wireless telephone (Exhibit 8) functions to make and receive texts
and calls, but he cannot log into his account because Tracfone claims “We are unable to validate
the information you provided.” The Plaintiff obtained a Tracfone pre-paid 365-DAY PLAN for
the purpose of managing his online accounts, including Google LLC and its services Gmail,
Blooger and YouTube; and also X (formerly Twitter), Yahoo, Scribd, Facebook, and others.
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6. On August 20, 2023 the Plaintiff got an email from the Defendant Google LLC,
“Updating our Google Account inactivity policy”. (Exhibit 9). The essence of the policy, “This
change starts rolling out today and will apply to any Google Account that’s been inactive,
meaning it has not been signed into or used within a two-year period. An inactive account and
any content in it will be eligible for deletion from December 1, 2023.” The Plaintiff will forever
loose his intellectual property because he cannot sign into or use his Google, Blogger, or
YouTube accounts. The Defendant Google LLC is owned by the Defendant Alphabet, Inc.
7. On August 15, 2023 the Plaintiff got an email from the Defendant Google LLC
announcing Squarespace recently announced that it entered into an agreement to purchase all
domain name registrations and related customer accounts from Google Domains. (Exhibit 10).
The Google Official Site - Google Domains page announced “On September 7, 2023
Squarespace acquired all domain registrations and related customer accounts from Google
Domains”. (Exhibit 11). A Google Domains Help page announced “When you buy and register a
domain through Google Domains, you must be signed in to a Google Account that you’ll use to
manage your domain. (Exhibit 12). The Plaintiff is unable to login to Squarespace because he
cannot sign into his Google Account [email protected] because Defendant Google LLC
claims it cannot be sure the account belongs to the Plaintiff, Neil J. Gillespie.
8. On January 20, 2024 the Plaintiff got an email from the Verizon Class Action Settlement
Administrator (Exhibit 13) informing him that a proposed settlement has been reached in a class
action lawsuit regarding his prior Verizon post-paid wireless account for 352-239-9037:
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The lawsuit claimed that Cellco Partnership d/b/a Verizon Wireless (“Verizon”) charged a
monthly Administrative Charge and/or Administrative and Telco Recovery Charge (collectively,
“Administrative Charge”) on Verizon post-paid individual consumer wireless accounts that was
unfair and not adequately disclosed. The Settlement Class, including the Plaintiff in this case,
Neil Gillespie, is represented by the law firm DeNittis, Osefchen, Prince, P.C., and the law firm
Hattis & Lukacs. Verizon is represented by the law firm Faegre Drinker Biddle & Reath, and the
law firm Quinn Emanuel Urquhart & Sullivan, LLP. On January 23, 2024, Settlement Class
member Neil Gillespie gave written notice to the Verizon Administrative Charge Settlement
Administrator to opt-out, to be excluded from the Settlement Class in the lawsuit. (Exhibit 14).
9. The property has not been taken for any tax, assessment, or fine pursuant to law.
10. The property has not been taken under an execution or attachment against the Plaintiff’s
property.
11. Therefore, the Plaintiff demands judgment for possession of his property.
THE PARTIES
12. The Plaintiff is Neil J. Gillespie (“Gillespie”), a nonlawyer age 67, individually, and
doing business as Justice Network, a fictitious name. Justice Network was registered with the
Florida Department of State on January 25, 2018 at 8092 SW 115th Loop, Ocala, Florida, 34481.
located at 2801 SW College Rd., STE 3, Ocala, FL 34474. In addition, Gillespie was in the past,
and currently is, a No Party Affiliation (NPA) candidate for U.S. president, see,
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13. Defendant Google LLC (“Google”) is a limited liability company organized and existing
under the laws of the State of Delaware, with its principal place of business in Mountain View,
California. Google is an online company providing internet-related products directly and through
subsidiaries and business units it owns and controls such as Gmail, Blogger and YouTube.
14. Defendant Alphabet Inc. (“Alphabet”) is a publicly traded company incorporated and
existing under the laws of the State of Delaware and headquartered in Mountain View,
California. Alphabet was created as a holding company for Google in late 2015, and Alphabet
controls Google’s day-to-day operations. Virtually all of Alphabet’s revenue comes from
Google. Since December 2019, Alphabet and Google have had the same Chief Executive
Officer, Sundar Pichai. As a result of Alphabet’s operational control, Google is Alphabet’s alter
telecommunications conglomerate incorporated and existing under the laws of the State of
Delaware and headquartered in New York City. (1095 Avenue of the Americas, NY, NY).
16. Defendant Verizon Wireless Services, LLC is an American wireless network operator
limited liability company organized and existing under the laws of the State of Delaware, and a
division of Verizon Communications, Inc., with its principal place of business in Basking Ridge,
New Jersey. This Complaint refers to Verizon Communications, Inc. and Verizon Wireless
mobile phone provider incorporated and existing under the laws of the State of Delaware and
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18. Replevin is governed by Chapter 78 of the Florida Statutes (Fla. Stat.) The Plaintiff has a
right to replevin under Fla. Stat. 78.01, to recover his personal and intellectual property wrongly
taken or detained by the Defendants, and any damages sustained by reason of the wrongful
taking or detention.
19. An action for replevin must be brought in a court of competent jurisdiction based on the
value of the property sought to be replevied. Fla. Stat. 78.03. The Marion County Circuit Court
20. An action for replevin may be brought in any county where the property sought to be
replevied is located, where the contract was signed, where the defendant resides, or where the
cause of action accrued. Fla. Stat. 78.032. The Plaintiff’s property sought to be replevied is
located on his computer located in Marion County, Florida, and is viewable online on the
Internet in Marion County, Florida. The Plaintiff’s contracts with the Defendants were executed
in Marion County, Florida. The cause of action accrued in Marion County, Florida.
21. The Google Terms of Service (“Google TOS”), effective January 5, 2022, appear in
22. The Google TOS define Google’s relationship with the Plaintiff, and how the Plaintiff
23. Under the Google TOS, Google is the Service Provider; Google services are provided by,
24. Under the Google TOS, the Plaintiff, age 67, meets the age requirements to own and
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25. The Google TOS establishes Definitions, including: (Appendix A, Exhibit A.1, page 14)
“consumer” means:
“An individual who uses Google services for personal, non-commercial purposes outside
of their trade, business, craft, or profession. (See business user)”.
“copyright” means:
“A legal right that allows the creator of an original work (such as a blog post, photo, or
video) to decide if and how that original work may be used by others, subject to certain
limitations and exceptions (such as “fair use” and “fair dealing”).
“liability” means:
“Losses from any type of legal claim, whether the claim is based on a contract, tort
(including negligence), or other reason, and whether or not those losses could have been
reasonably anticipated or foreseen.”
“organization” means:
“A legal entity (such as a corporation, non-profit, or school) and not an individual person.”
“services” mean:
“The Google services that are subject to these terms are the products and services listed
at https://policies.google.com/terms/service-specific, including:
• apps and sites (like Search and Maps)
• platforms (like Google Shopping)
• integrated services (likeMaps embedded in other companies’ apps or sites)
• devices and other goods (like Google Nest)
Many of these services also include content that you can stream or interact with.”
“trademark” means:
“Symbols, names, and images used in commerce that are capable of distinguishing the
goods or services of one individual or organization from those of another.”
“warranty” means:
“An assurance that a product or service will perform to a certain standard.”
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“Things that you create, upload, submit, store, send, receive, or share using our services,
such as:
• Docs, Sheets, and Slides you create
• blog posts you upload through Blogger
• reviews you submit through Maps
• videos you store in Drive
• emails you send and receive through Gmail
• pictures you share with friends through Photos
• travel itineraries that you share with Google”
26. Under the Google TOS, Google provides services to the Plaintiff, including a Google
Account, [email protected], a Blogger account, the Neil Gillespie Blooger user profile,
27. Under the Google TOS, the Plaintiff has Google’s permission to use Google’s services,
28. Blogger is an American online content management system founded in 1999 which
enables its users to write blogs with time-stamped entries. Pyra Labs developed it before being
acquired by Google in 2003. Google hosts the blogs, which can be accessed through a
29. The Blogger Content Policy appears in Appendix A, at Exhibit A.2, and states in part:
30. YouTube is an American online video sharing and social media platform owned by
Google, and governed by the Google TOS. YouTube is also governed by a separate YouTube
Terms of Service dated December 15, 2023, and appearing in Appendix A at Exhibit A.3.
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31. Under the Google TOS, and YouTube TOS, Google provides services to the Plaintiff,
including a Google Account, [email protected], and the Neil Gillespie YouTube account or
LICENSE
32. The Google TOS provides the Plaintiff a “License”, found on page 6 (Appendix A at
License
Your content remains yours, which means that you retain any intellectual property rights
that you have in your content. For example, you have intellectual property rights in the
creative content you make, such as reviews you write. Or you may have the right to share
someone else’s creative content if they’ve given you their permission.
We need your permission if your intellectual property rights restrict our use of your
content. You provide Google with that permission through this license.
What’s covered
This license covers your content if that content is protected by intellectual property
rights.
Scope
This license is:
• worldwide, which means it’s valid anywhere in the world
• non-exclusive, which means you can license your content to others
• royalty-free, which means there are nomonetary fees for this license
Rights
This license allows Google to:
• host, reproduce, distribute, communicate, and use your content — for example, to
save your content on our systems and make it accessible from anywhere you go
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• publish, publicly perform, or publicly display your content, if you’ve made it visible
to others
• modify and create derivative works based on your content, such as reformatting or
translating it
• sublicense these rights to:
• other users to allow the services to work as designed, such as enabling you to
share photos with people you choose
• our contractors who’ve signed agreements with us that are consistent with
these terms, only for the limited purposes described in the Purpose section
below
Purpose
This license is for the limited purpose of:
• operating and improving the services, which means allowing the services to work as
designed and creating new features and functionalities. This includes using automated
systems and algorithms to analyze your content:
• for spam, malware, and illegal content
• to recognize patterns in data, such as determining when to suggest a new
album in Google Photos to keep related photos together
• to customize our services for you, such as providing recommendations and
personalized search results, content, and ads (which you can change or turn
off in Ads Settings)
This analysis occurs as the content is sent, received, and when it is stored.
• using content you’ve shared publicly to promote the services. For example, to
promote a Google app, we might quote a review you wrote. Or to promote Google
Play, we might show a screenshot of the app you offer in the Play Store.
developing new technologies and services for Google consistent with these terms
Duration
This license lasts for as long as your content is protected by intellectual property rights.
If you remove from our services any content that’s covered by this license, then our
systems will stop making that content publicly available in a reasonable amount of time.
There are two exceptions:
• If you already shared your content with others before removing it. For example, if
you shared a photo with a friend who then made a copy of it, or shared it again, then
that photo may continue to appear in your friend’s Google Account even after you
remove it from your Google Account.
• If you make your content available through other companies’ services, it’s possible
that search engines, including Google Search, will continue to find and display your
content as part of their search results.
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33. The Plaintiff has property rights under his Google Account [email protected], the
and the Neil Gillespie YouTube account or channel, @neilgillespie4184 (Exhibits 5 and 6);
35. The Plaintiff’s Google Account [email protected] was formed in February 2011. The
Plaintiff had three active Blogger blogs on January 20, 2021, the date of his last blog post.
The Plaintiff worked an average of 10 hours a week on his blog, amounting to 520 hours
hourly rate of $20 per hour; for a total of $104,000. Justice Network is engaged in
advocacy, education, news gathering & dissemination, and helping people fight injustice.
B. The Plaintiff’s Neil 2020 blog, since September 22, 2019, is valued at $13,800
calculated as follows: The Plaintiff worked approximately 10 hours a week on this blog
through January 20, 2021, amounting to 690 hours worked (10 x 69 weeks); at an hourly
rate of $20 per hour; for a total of $13,800. Neil 2020 is a blog of Neil J Gillespie, a
C. The Plaintiff’s Music and Video - Election 2020 blog, since April 19, 2019, is valued
this blog through January 20, 2021, amounting to 910 hours worked (10 x 91 weeks); at
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an hourly rate of $20 per hour; for a total of $18,200. This blog is a demonstration project
showing relatively inexpensive ways of reaching people and providing political and other
the inherent expectations of big donors. A List of most-viewed YouTube videos is found
on Wikipedia, https://en.wikipedia.org/wiki/List_of_most-viewed_YouTube_videos
No. 16, “Counting Stars” by OneRepublic, shows 3.95 billion views. “Counting Stars” is
D. The Plaintiff’s Neil Gillespie YouTube account or channel with the video, “13th
Circuit JNC Interviews, June 15, 2010, Tampa, FL” is valued at $500 for production cost.
36. Under the Google TOS, Google has provided the Plaintiff a License and warranty, and
given the Plaintiff permission to use Google’s services, for the Plaintiff’s creative content
uploaded and published on Blogger and YouTube, certain rights as a business user under his
37. Google is liable to the Plaintiff for any breach of its License and warranty to him.
38. Presently the Plaintiff cannot access or use his Google Account [email protected],
including his Blogger Account and YouTube Account, because Google claims it cannot be sure
39. On January 30, 2024 the Plaintiff attempted to login and access his Google Account
[email protected], at his Blogger profile, but Google denied him access, and sent the
Plaintiff a “Critical security alert” email to [email protected] on January 30, 2024 at 11:00
PM. The “Critical security alert” email Google sent to [email protected] see Exhibit 15.
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40. Below is the image from Google’s “Critical security alert” sent to [email protected].
The original Google image was provided in color; the image appearing below is shown in black
and white because the Florida E-Filing Portal apparently does not function with a color image.
41. The above security alert shows Google is wrongly blocking the Plaintiff’s sign-in.
42. Google is blocking the Plaintiff’s legitimate sign-in attempt to his Google Account
[email protected] because the Plaintiff cannot get a verification code Google sent to the
Plaintiff’s wireless phone number 352-615-3819; the Defendant Verizon has wrongly detained
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43. The Plaintiff has access to his Google Account email address, [email protected], and
clearly used the correct password for his Google Account [email protected]. In fact,
“Someone just used your password to try to sign in to your account. Google blocked
them, but you should check what happened.”
“Someone” is the Plaintiff. YES, the Plaintiff just used his password to try to sign in to his
account, but Google blocked him. The Plaintiff knows what happened: Google is wrongly
blocking the Plaintiff’s legitimate attempts to sign in to his own Google Account.
Google states “Verify it’s you” and “To help keep your account safe, Google wants to make sure
it’s really you trying to sign in” at [email protected] and “Confirm you’re not a robot” via a
CAPTCHA. The Plaintiff correctly completed the CAPTCHA and confirmed he is not a robot.
45. Exhibit 17 is a PDF of a Google Blogger “Welcome” page for [email protected] that
says “enter your password”. The Plaintiff entered his password where indicated on the page.
[email protected] that says, “To help keep your account safe, Google wants to make sure it’s
really you trying to sign in” to the Plaintiff’s Google Account [email protected]. Google
says “Get a verification code” and “To get a verification code, first confirm the phone number
you added to your account (•••) •••-••19. Standard rates apply.” The Plaintiff entered the phone
number 352-615-3819 as shown on Exhibit 18, and pushed the send button.
47. Exhibit 19 is a PDF of a Google Blogger Account recovery page that says, “To help keep
your account safe, Google wants to make sure it’s really you trying to sign in” to the Plaintiff’s
Google Account [email protected]. The Google Blogger Account recovery page also says
“A text message with a 6-digit verification code was just sent to (352) 615-3819.” The page
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provides an input box to “Enter the code”. The page also has another option: “I don’t have my
phone”. The Plaintiff does not have his phone to receive a text at (352) 615-3819, because
Verizon has wrongly detained the phone number (352) 615-3819 that Verizon promised to
provide to the Plaintiff under a Retail Installment Contract with Verizon Wireless Services LLC
dated November 29, 2022, a copy of the Contract being attached. (Appendix B, Exhibit B.2)
48. Exhibit 20 is a PDF of a Google Blogger page “Couldn’t sign you in” to the Plaintiff’s
Google Account [email protected]. Google says, “You didn’t provide enough info for
Google to be sure this account is really yours. Google asks for this info to keep your account
secure. To recover your account, try again and answer each question shown.” However, as
Exhibit 20 shows, Google has not provided any questions to answer. The only option Google
provides is a link, “More tips to recover your account”. In regard to the Plaintiff’s Google
49. Google does not provide telephone support to resolve issues with the Plaintiff’s Google
The Plaintiff’s letter to Google LLC appears in Appendix A at Exhibit A.4. A UPS Proof of
Delivery shows the letter was delivered to Google on May 12, 2023 at 9:52 AM, tracking
Number 1Z64589F0291957636. Google did not respond to the Plaintiff’s letter that began:
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Subsequently the Plaintiff regained access to his email [email protected], descried below.
51. On June 1, 2023, the Plaintiff sent a Notice of Litigation to Alphabet, Inc./Google LLC,
and to its Registered Agent, Corporation Service Company. No response was received.
Exhibit A.5. The Notice was provided by to Alphabet, Inc./Google LLC by U.S. Certified Mail,
Tracking No. 70192970000057339543. Return Receipt Tracking No. 9590 9402 7830 2234 4295
41, and the Return Card, show the Notice was delivered to Alphabet/Google on June 7, 2023.
The Notice to Corporation Service Company was provided by U.S. Certified Mail, Tracking No.
70192970000057339550. Return Receipt Tracking No. 9590 9402 7830 2234 4295 58, and the
Return Card, show the Notice was delivered to Mona Lisa Hart at Corporation Service
Company. The Plaintiff’s Notice of Litigation to Alphabet, Inc./Google LLC states in part:
Google as also failed to respond to my letter May 10, 2023 to Sundar Pichai, CEO,
Google LLC, delivered to him on May 12, 2023, see attached the proof of delivery for
UPS shipment tracking number lZ64589F0291957636.
Unfortunately Google has left me no option other than to litigate. My unanswered letter
to Sundar Pichai, CEO, Google LLC, and Jisha's emails to me, are evidence of Google's
violation of my civil rights. Please be advised that my political campaign is, inter alai, a
federally protected activity under 18 USC 245(b)(1)(a).
52. On October 20, 2023, the Plaintiff served Alphabet/Google on the Florida Portal:
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The above captioned pleading appears in Appendix A at Exhibit A.6. The Plaintiff is the founder
and owner of Justice Network. On Thursday, August 6, 2020, the Plaintiff profiled a story from
the American Civil Liberties Union (ACLU) on his Justice Network blog, entitled “Is a Florida
Chief Judge Taking Cues From a Prosecutor?” The story, by Jacqueline Azis, Staff Attorney,
ACLU of Florida & Somil Trivedi, Senior Staff Attorney, ACLU Criminal Law Reform Project,
is about Brad King, the elected state attorney of Marion County, Florida, and public corruption.
53. On February 4, 2021 the Plaintiff was arrested and ultimately extradited to Florida on a
Governor’s Warrant by Gov. Ron DeSantis, after Marion County Judge Gary Sanders denied
Gillespie’s motion under the Americans With Disabilities Act for a 60 day stay in a political
prosecution so he could get retina surgery, done at Wills Eye Hospital in Philadelphia. The
Plaintiff unsuccessfully challenged the extradition and was incarcerated on no bond for over a
year. During that time the Plaintiff lost his email [email protected] and his wireless phone
number 352-615-3819. The only response the Plaintiff got from Alphabet/Google was a
Removal From The Service List notice that appears in Appendix A, at Exhibit A.7.
54. On January 13, 2021, the Plaintiff had filed in the USSC a MOTION FOR LEAVE TO
FILE, RULE 17, PROCEDURE IN AN ORIGINAL ACTION, and a Rule 23 Stay for the
Inauguration of Joe Biden and Kamala Harris, directed to Justice Thomas. The Plaintiff made a
post about his USSC filing on his Justice Network Google Blogger blog [email protected]
on January 20, 2021 that appears in Appendix C at Exhibit C.1. The Plaintiff’s USSC filing
challenged a Federal Election Commission (FEC) letter to him as a candidate. In the U.S.
Supreme Court case Ex parte Garland, 71 U.S. 333 (1866), the USSC held counselors are
officers of the court, not officers of the United States, and that their removal was an exercise of
judicial power, not legislative power. The Plaintiff’s FEC complaint argued that under the
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separation of powers doctrine, Joe Biden and Kamala Harris are not eligible to serve in an
executive branch office such as president/VP because each of them are lawyers and part of the
judicial branch of government. A lawyer admitted to practice is an officer of the court, part of the
judiciary. A lawyer, officer of the court, in the executive branch would usurp the separation of
powers doctrine set forth in the U.S. Constitution, and is part of a seditious conspiracy by the
judicial branch that is a threat to our Republic. See Appendix C, Exhibit C.1 and Exhibit C.2.
55. The Plaintiff contends that his 2021 USSC filing, and the holding in Ex parte Garland, 71
U.S. 333 (1866), is relevant to a case currently before the U.S. Supreme Court:
Pursuant to USSC Rule 37, the Petitioner requested consent of the Parties in USSC 23-719 to file
an amicus curiae brief. The Petitioner’s amicus brief will bring to the attention of the Court
relevant matter that he believes has not already been brought to its attention by the Parties and
56. On December 27, 2023 the Petitioner emailed the Marion County Clerk about filing a
Complaint for Replevin to return his online intellectual property on Google, and on X (formerly
Twitter), and cited story on the American Bar Association (ABA) Journal says the DOJ is used a
writ of replevin against a former White House adviser to recover emails. The Plaintiff provided a
copy of the email to Kenneth H. Yi, Director, Alphabet, Inc./Google LLC, [email protected].
Director Mr. Yi/Alphabet/Google did not respond. See the email in Appendix A, at Exhibit A.8.
57. On January 4, 2024 the Plaintiff regained temporary access to his email address used
with Google and others, [email protected]. The Plaintiff was then able to recover his account
with X (formerly Twitter), @Justice_Network, appearing at Exhibit 21. The Plaintiff also got
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two spam quarantine reports for [email protected], showing the email is active, Exhibit 22
for a spam report January 23, 2023, and Exhibit 23 for a spam report January 25, 2024.
58. On January 17, 2024 the Plaintiff got email at [email protected] from Lee Rawles of
USSC RULE 17 MOTION FOR LEAVE TO FILE AN ORIGINAL ACTION (Exhibit 24).
Your message
To: Lee Rawles
Subject: USSC RULE 17 MOTION FOR LEAVE TO FILE AN ORIGINAL ACTION.pdf
Sent: Wednesday, January 13, 2021 7:46:06 PM (UTC-06:00) Central Time (US &
Canada) was deleted without being read on Wednesday, January 17, 2024 10:40:05 AM
(UTC-06:00) Central Time (US & Canada).
Lee Rawles is an assistant managing editor for the ABA web, see
https://www.abajournal.com/authors/4765/
59. The foregoing proves the Plaintiff owns his Google Account [email protected].
60. Google has wrongly detained the Plaintiff’s Google Account [email protected].
61. Therefore the Plaintiff is entitled to recover his Google Account [email protected].
62. The Plaintiff is entitled to the possession the telephone number 352-615-3819 under a
Retail Installment Contract with Verizon Wireless Services LLC dated November 29, 2022, a
63. The Plaintiff requires his telephone number 352-615-3819 to get a verification code from
64. Verizon has refused to provide the Plaintiff his property, his telephone no. 352-615-3819.
because the Plaintiff cannot get a verification code Google sent to telephone no. 352-615-3819.
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66. Verizon is cooperating with Google to detain the Plaintiff’s Google Account
67. Separately, the Verizon Class Action Settlement Administrator (Exhibit 13) notified the
Plaintiff he is owed a settlement in Esposito et al. v. Cellco Partnership d/b/a Verizon Wireless.
68. The Plaintiff gave written notice to the Verizon Administrative Charge Settlement
Administrator to opt-out, to be excluded from the Settlement Class in the lawsuit. (Exhibit 14).
69. The Plaintiff includes his claims in Esposito et al. v. Cellco Partnership d/b/a Verizon
70. Therefore the Plaintiff is entitled to recover his telephone no. 352-615-3819.
DEFENDANT TRACFONE
71. The Plaintiff is entitled to the possession of his current Tracfone account for 352-850-
5009 under a Tracfone 1 Year and 400 minutes phone card, a “365-DAY PLAN” activated
November 3, 2023, a copy of the phone card and purchase receipt appearing at Exhibits 7 and 8.
72. The Plaintiff obtained a Tracfone pre-paid 365-DAY PLAN for the purpose of managing
verification codes for his online accounts, including Google LLC and its services Gmail, Blooger
and YouTube; and also X (formerly Twitter), Yahoo, Scribd, Facebook, and others.
73. Defendant TracFone Wireless, Inc. has refused the Plaintiff possession of his current
Tracfone account for 352-850-5009 under a Tracfone pre-paid “365-DAY PLAN” activated on
November 3, 2023 (Exhibit 7) and valid to November 2, 2024. The Plaintiff’s Tracfone wireless
device, a Blu View 2 B131DL wireless telephone (Exhibit 8) functions to make and receive texts
and calls, but he cannot log into his account because Tracfone claims “We are unable to validate
21
COMLAINT FOR REPLEVIN
74. Without access to his Tracfone account for 352-850-5009 under a Tracfone pre-paid
“365-DAY PLAN” the Plaintiff cannot make updates to his account to assure its proper function
and purpose in managing verification codes for his online accounts, including Google LLC and
its services Gmail, Blooger and YouTube; and also X (formerly Twitter), Yahoo, Scribd,
75. Tracfone is wrongly detaining the Plaintiff’s Tracfone account for 352-850-5009.
76. The Plaintiff is entitled to access his Tracfone account for 352-850-5009 under a “365-
DAY PLAN” activated on November 3, 2023 (Exhibit 7) and valid to November 2, 2024.
77. Therefore the Plaintiff is entitled to recover his Tracfone account for 352-850-5009.
79. Google has contracts with the government of the United States and accepts federal money
under those contracts, and therefore must comply with government free speech requirements and
22
COMLAINT FOR REPLEVIN
deprivation of any rights, privileges, or immunities secured by the Constitution and laws,
shall be liable to the party injured in an action at law, suit in equity, or other proper
proceeding for redress, except that in any action brought against a judicial officer for an
act or omission taken in such officer’s judicial capacity, injunctive relief shall not be
granted unless a declaratory decree was violated or declaratory relief was unavailable.
For the purposes of this section, any Act of Congress applicable exclusively to the
District of Columbia shall be considered to be a statute of the District of Columbia.
80. October 20, 2023 the Plaintiff proffered in his Notice of Conflict With the State
Attorney’s Office (Appendix A, Exhibit A.6, page 5) that his “Blogger/Google account linked to
his MFI.com email address is constitutionally protected speech under the First Amendment of
the U.S. Constitution, and a federally protected activity under 18 U.S.C. 245(b)(1)(a).” and,
18. In addition, because the Defendant cannot access his Blogger, YouTube and Google
accounts associated with his email [email protected], he cannot serve his clients.
19. On such client is Ronny Scott Cooper, Inmate ID #0005200, Marion County Jail,
Med B, held without bond since May 1, 2019, case no. 2019-CF-1050, for violation of
section 812.133.2A, Florida Statutes, Carjacking While Armed. Circuit Judge Peter M.
Brigham presiding. The docket shows Mr. Cooper is represented by John Wayne
Witherspoon, Bar ID #1008179, Crim. Conflict & Civ. Reg. Counsel, 5th Circuit.
20. Mr. Cooper filed a pro se motion to dismiss counsel dated October 3, 2023 (DOC
569). Judge Brigham entered a Transport Order on October 3, 2023 (DOC 657) to
transport Mr. Cooper to the Marion County Courthouse for the “purpose of appearing for
a psychological evaluation to be performed by Dr. Tonia Werner at 1:00 pm, October
25,2023, the defendant will be placed in holding cell between courtroom 3A and 3B
courtroom.”.
21. The Defendant has found a private attorney willing to represent Mr. Cooper for
$10,000, but is unable to commence fundraising because the Defendant cannot access his
Blogger, YouTube and Google accounts associated with his email [email protected].
80. On June 28, 2022 Google introduced “Google Public Sector” see,
https://cloud.google.com/blog/topics/public-sector/announcing-google-public-sector
Google Cloud has a long history of supporting and working with the governments in
many different parts of the world, including the United States, Europe, Asia Pacific, Latin
America, and Japan. We’ve helped government agencies modernize their core technology
systems; transformed the way in which they deliver services via digital platforms to
citizens; delivered security solutions to help agencies protect themselves from cyber
attacks; provided communication, collaboration, and productivity tools to educational
and healthcare systems; and enabled them to use data to improve financial systems and
23
COMLAINT FOR REPLEVIN
other critical infrastructure. We’ve offered products that address the unique needs of the
public sector; built a dedicated sales force, partner ecosystem, and services organization;
and worked with partners to bring joint solutions to government and educational
institutions.
Today, we’re expanding this commitment in the United States with the creation of
Google Public Sector, a new Google division that will focus on helping U.S. public
sector institutions—including federal, state, and local governments, and educational
institutions—accelerate their digital transformations.
However Google’s announcement of “Google Public Sector” on the Google Cloud blog is not
printable like posts on the Plaintiff’s blog, and is evidence that Google’s intent is contrary First
Amendment speech rights, by creating information that it alone controls and cannot be preserved
81. Verizon has contracts with the government of the United States and accepts federal
money under those contracts, and therefore must comply with government free speech
requirements and federal laws such as 18 U.S.C. 245(b)(1)(A) and 42 U.S.C. § 1983.
Verizon participates in the Affordable Connectivity Program, a $14.2 billion FCC benefit
program that supports eligible low- income households struggling to afford monthly
internet service. This critical program ensures that households have the connections they
need for work, school, healthcare, and more
Unlike Google, the FCC allows the public to print and download information. (Exhibit 25)
83. The Plaintiff makes a claim under Fla. Stat. sec. 768.72(1) for punitive damages against
Defendant Google because there is a reasonable showing by evidence in the record and proffered
by the Plaintiff which would provide a reasonable basis for recovery of such damages.
24
COMLAINT FOR REPLEVIN
(2) A defendant may be held liable for punitive damages only if the trier of fact, based on
clear and convincing evidence, finds that the defendant was personally guilty of
intentional misconduct or gross negligence. As used in this section, the term:
(a) “Intentional misconduct” means that the defendant had actual knowledge of the
wrongfulness of the conduct and the high probability that injury or damage to the
claimant would result and, despite that knowledge, intentionally pursued that course of
conduct, resulting in injury or damage.
(b) “Gross negligence” means that the defendant’s conduct was so reckless or wanting in
care that it constituted a conscious disregard or indifference to the life, safety, or rights of
persons exposed to such conduct.
84. The Plaintiff has shown in this Complaint by evidence in the record and proffered here,
that Sundar Pichai (CEO) Google LLC, and Kenneth H. Yi, Director, Alphabet, Inc./Google
LLC, Legal - Securities, Corporate Governance & Finance, engaged in “Intentional misconduct”
1. Google breached a duty of care to the Plaintiff under the Constitution and laws of
Florida, and of the United States, including the First Amendment;
2. Google breached the Google Terms of Service and License with the Plaintiff;
3. Google is the cause of the breach of care and duty to the Plaintiff;
4. The Plaintiff sustained damages as the result of Google’s intentional misconduct and
gross negligence.
and Google engaged in intentional misconduct and gross negligence with malice aforethought.
85. Pursuant to Rule 1.430(b), of the Florida Rules of Civil Procedure, Demand For Jury
Trial, and Article I, Section 22, of the Florida Constitution, Trial by Jury, the Plaintiff demands a
WHEREFORE, the Plaintiff respectfully requests the Court to enter judgment in its favor
25
COMLAINT FOR REPLEVIN
a. A writ of replevin against Google to recover the Plaintiff’s property being wrongly
detained: The Plaintiff’s Google Account, [email protected], the Neil Gillespie Blooger user
and the Neil Gillespie YouTube channel: @neilgillespie4184 (Exhibits 5 and 6);
d. Judgment against Google for the Plaintiff’s costs of suit, including reasonable
e. Judgment against Google for any and all such other relief as the Court may deem
proper.
f. A writ of replevin against Verizon to recover the Plaintiff’s property being wrongly
i. Judgment against Verizon for the Plaintiff’s costs of suit, including reasonable
j. Judgment against Verizon for any and all such other relief as the Court may deem
proper;
26
COMLAINT FOR REPLEVIN
k. A writ of replevin against TracFone to recover the Plaintiff’s property being wrongly
detained: The Plaintiff’s current Tracfone account for 352-850-5009 under a Tracfone 1 Year
and 400 minutes phone card, a “365-DAY PLAN” activated November 3, 2023 and valid to
November 2, 2024;
n. Judgment against TracFone for the Plaintiff’s costs of suit, including reasonable
o. Judgment against TracFone for any and all such other relief as the Court may deem
proper.
CERTIFICATE OF SERVICE
I hereby certify the Complaint for Replevin was served February 1, 2024 on the Florida
27
COMLAINT FOR REPLEVIN
Jeffrey S Jacobson
[email protected]
FAEGRE DRINKER BIDDLE & REATH LLP
https://www.faegredrinker.com/en/
Neil J. Gillespie
28
EXHIBIT LIST - COMPLAINT FOR REPLEVIN
Neil J. Gillespie v. Google, et al
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VIA USPS FIRST CLASS PREPAID STAMPED MAIL
I, Neil J. Gillespie, wish to be excluded from the Settlement Class in the lawsuit
Esposito et al. v. Cellco Partnership d/b/a Verizon Wireless
Thank you.
Sincerely,
Neil J. Gillespie
2801 SW College Rd, STE 3
Ocala, FL 34474
Email: [email protected]
Telephone: 352-239-9037
14
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~ Affordable Connectivity Program
Helping Households Connect
The Affordable Connectivity Program is a $14.2 billion program that supports eligible low- income households
struggling to afford monthly internet service. This critical program ensures that households have the connections
they need for work, school, healthcare, and more.
Eligible households can also receive a one-time discount of up to $100 to purchase a laptop, desktop computer, or
tablet from participating providers i f they contribute more than $10 and less than $50 toward the purchase price.
The Affordable Connectivity Program is l imited to one monthly service discount and one device discount per
household.
~ˇ
Find more information about the Affordable Connectivity Program at fcc.gov/ACP
Affordable Connectivity ...rogram
Helping Households Connect
•ı Empoweringconsumerst o choose t he service plan t hat best meets t hei r needs (includinga plan they may
already be on);
•ı Ensuringconsumershave access t o supportedbroadbandservices regardlesso f their c redi t status;
•ı Prohibitingprovidersf r o m excludingconsumersw i t h past due balances o r pr i or debt f r o m enrollingin the
program;
•ı Preventingconsumersf r o m being forced i n t o more expensiveo r l o wer quality plans in o r der t o receive the
ACP;
•ı Reducing t he p o ten t ial f o r bill shock o r o t her financial harms;
•ı AllowingACP recipientst o switch providersor broadbandservice offerings;and
•ı Providinga dedicated FCC process f o r ACP complaints.
The agency will c o n t i n uew o r k i n gw i t h federal partners t hat supportedt he EBB, such as the Department o f
Education,HHS, HU D and others. Their d i rec t relationshipsw i t h eligible householdscreate unique opportunitiesf o r
collaborativeoutreach and p r o m o t i o no f t he ACP. Specifically,the FCC has issued a Further Notice o f Proposed
Rulemakingin which i t seeks c o m men t on a p i l o t program t o ensure t hat householdst hat rely on Federal Public
HousingAssistancereceive d i rec t outreach t o encourage t hem t o enroll in the ACP.
The Further Notice also seeks c o m men t on establishinga new grant program f o r ACP outreach partners.The
agency understandst hat local, trusted c o m m u n i t yvoices are often the best positionedto encourageen r o l l men tin
g o ver n men tbenef i t programs, like the ACP. We are currentlyseeking c o m men t on the structureand objectivesf o r
this grant program and on grant-makingbest practicest hat will help t o ensure the program is a success.