REAL

v.

PERRY

1 Ms. Cuffe is identified as Dane in most documents and for plaintiff cross-examined the witness. Ms. Cuffe testified that she had dealings with Mr. Real as an employee at the facility when he was there, but she could not recall how long he stayed at the facility. Ms. Cuffe heard normal conversation and no yelling. She also did not see a gun, or anything that would require the pointing of a gun. The Court finds no fraud or misconduct by opposing counsel. Plaintiff also argues that opposing counsel showed the jury some photographs of plaintiff’s vehicle taken long after the incident without asking the court for permission. (Doc. #164-2, pp. 5-9.) Plaintiff argues that the photographs were submitted to confuse the jury by inferring that the many belongings were in the vehicle during the incident despite plaintiff’s testimony otherwise. In response, defendant states that the photographs were taken the same day, just a few hours later, and were introduced and entered as exhibits at trial without objection. The photographs were admitted through defendant Michael Perry without objection. Plaintiff had the opportunity to cross-examine Officer Perry, who agreed he did not take the pictures and did not know what day they were taken. There was no fraud or misconduct in the introduction or admission of the photographs. Plaintiff also argues that the Court’s instructions required all jurors to always remain together, but plaintiff and counsel observed a juror standing in front of the courthouse without the other jurors. The Court did not require that the jurors to stay together at all times. After closing arguments and before deliberations, the Court instructed the jurors as follows: During your deliberations, you. must not communicate with or provide any information to anyone by any means about this case. You may not use any electronic device with access to the internet, or any social media such as Facebook (Meta) or Twitter to communicate to anyone any information about this case or to conduct any research about this case until I accept your verdict. In other words, you cannot talk to anyone on the phone, correspond with anyone, or electronically communicate with anyone about this case. You can only discuss the case in the jury room with your fellow jurors during deliberations. I expect you will inform me as soon aS you become aware of another juror’s violation of these instructions. (Doc. #144, pp. 9-10.) The Court finds no basis for a new trial. Accordingly, it is hereby ORDERED: Plaintiff's Motion Under Fed. R. C. P 60(b) (3), Fraud, Misrepresentation, or Misconduct by an Opposite Party, Seeking New Trial, and Asking Permission From the Eleventh Circuit Court of Appeals to Proceed (Doc. #167) is DENIED. DONE and ORDERED at Fort Myers, Florida, this 28th day of February 2022.