Filing # 112125491 E-Filed 08/20/2020 01:32:34 PM

COMPOSITE EXHIBIT 2

Case 4:20-cv-00457-MW-MAF Document 1-2 Filed 09/18/20 Page 1 of 33
IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT

IN AND FOR LEON COUNTY, FLORIDA

KIMBERLY GRIPPA,

Plaintiff,

v. CASE NO.: 2020-CA-000040

RONALD RUBIN,

Defendant.

____________________________________/

NOTICE OF CANCELLATION OF HEARING

TO: Gaye L. Huxoll 

Michael R. Tein

TEIN MALONE PLLC

3059 Grand Avenue

Coconut Grove, Florida 33133

YOU ARE HEREBY NOTIFIED that the undersigned has cancelled the hearing before

the Honorable John C. Cooper, Leon County Courthouse, 301 S. Monroe Street, Room 365-B, 

Tallahassee, FL 32301 on August 17, 2020 at 10:00 a.m. ET, or as soon thereafter as counsel was

to be heard, the following:

DEFENDANT’S VERIFIED MOTION TO QUASH OR DISMISS FOR

INSUFFICIENT SERVICE OF PROCESS

Fifteen (15) minutes have been set aside for this hearing.

PLEASE GOVERN YOURSELF ACCORDINGLY.

If you are a person with a disability who needs any accommodation in order to 

participate in this proceeding, you are entitled, at no cost to you, to the 

provision of certain assistance. Please contact ADA Coordinator 301 South 

Monroe Street, Tallahassee, FL 32301 (850)606-4400 at least 7 days before your 

scheduled court appearance, or immediately upon receiving this notification if 

the time before the scheduled appearance is less than 7 days; if you are hearing 

or voice impaired, call 711.

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Respectfully submitted,

/s/ Marie A. Mattox 

Marie A. Mattox [FBN 0739685]

MARIE A. MATTOX, P.A.

203 North Gadsden Street

Tallahassee, FL 32301

(850) 383-4800 (telephone)

(850) 383-4801 (facsimile)

marie@mattoxlaw.com

michelle2@mattoxlaw.com 

ATTORNEYS FOR PLAINTIFF

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been electronically 

filed with the Clerk via the Florida Courts e-Filing Portal this 14th day of August 2020, which will 

send Notification of Electronic Filing to all counsel of record. 

/s/ Marie A. Mattox 

 Marie A. Mattox 

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IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT

IN AND FOR LEON COUNTY, FLORIDA

KIMBERLY GRIPPA,

Plaintiff,

v. CASE NO.: 2020-CA-000040

RONALD RUBIN,

Defendant.

____________________________________/

NOTICE OF TELEPHONIC HEARING

TO: Gaye L. Huxoll

Michael R. Tein

TEIN MALONE PLLC

3059 Grand Avenue

Coconut Grove, Florida 33133

YOU ARE HEREBY NOTIFIED that the undersigned has set a hearing before the

Honorable John C. Cooper, Leon County Courthouse, 301 S. Monroe Street, Room 365-B, 

Tallahassee, FL 32301 on August 17, 2020 at 10:00 a.m. ET, or as soon thereafter as counsel can

be heard, the following:

DEFENDANT’S VERIFIED MOTION TO QUASH OR DISMISS FOR

INSUFFICIENT SERVICE OF PROCESS

Fifteen (15) minutes have been set aside for this hearing.

Counsel has provided a toll-free conference line to host this hearing, listed below.

Toll-free #: 1-888-585-9008, Conference Room Number: 903-196-275

Organizer PIN: 1969394

PLEASE GOVERN YOURSELF ACCORDINGLY.

If you are a person with a disability who needs any accommodation in order to

participate in this proceeding, you are entitled, at no cost to you, to the 

provision of certain assistance. Please contact ADA Coordinator 301 South 

Monroe Street, Tallahassee, FL 32301 (850)606-4400 at least 7 days before your 

scheduled court appearance, or immediately upon receiving this notification if 

the time before the scheduled appearance is less than 7 days; if you are hearing 

or voice impaired, call 711.

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Respectfully submitted,

/s/ Marie A. Mattox 

Marie A. Mattox [FBN 0739685]

MARIE A. MATTOX, P.A.

203 North Gadsden Street

Tallahassee, FL 32301

(850) 383-4800 (telephone)

(850) 383-4801 (facsimile)

marie@mattoxlaw.com

michelle2@mattoxlaw.com 

ATTORNEYS FOR PLAINTIFF

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been electronically 

filed with the Clerk via the Florida Courts e-Filing Portal this 31st day of July 2020, which will 

send Notification of Electronic Filing to all counsel of record. 

/s/ Marie A. Mattox 

 Marie A. Mattox 

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IN THE CIRCUIT COURT OF THE 

SECOND JUDICIAL CIRCUIT, IN AND 

FOR LEON COUNTY, FLORIDA

KIMBERLY GRIPPA, CASE NO.: 20-CA-40

FLA BAR NO.: 0739685

Plaintiff,

v.

RONALD RUBIN,

Defendant.

____________________________________/

PLAINTIFF’S MOTION TO ENLARGE

THE TIME FOR SERVICE OF PROCESS

Plaintiff, KIMBERLY GRIPPA, through her counsel, respectfully seeks an order 

enlarging the period for service of process by 120 days up to and including September 4, 2020, 

and states the following:

1. This lawsuit was filed on January 8, 2020. 

2. On January 28, 2020, the summons and lawsuit were sent for service on the 

named Defendant. Numerous attempts to perfect service were met with evasion and refusal to 

accept service. [See Exhibit A]. 

3. After service, Defendant has moved to quash service notwithstanding the fact that 

Defendant has repeatedly dodged and/or evaded service. 

4. Through this Motion, even though there may be valid service in light of Exhibit 

A, Plaintiff is requesting that the time to serve the Defendant be enlarged to September 4, 2020

(120 days) so that Plaintiff can continue her efforts to perfect service. 

5. This Court has the discretion to enlarge the period for service for an appropriate 

period. 

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6. Plaintiff’s counsel in this case has always acted with diligence in prosecuting her 

cases. In the absence of demonstrable prejudice and in light of the judicial economy served by 

allowing this claim to proceed as filed rather than being refiled, Plaintiff respectfully requests 

that the period of service be enlarged 120 days, up to and including September 4, 2020. 

WHEREFORE, Plaintiff respectfully requests that the time for service on the Defendant 

be extended up to and including September 4, 2020 all for the reasons set forth more fully above.

Respectfully submitted,

/s/ Marie Mattox 

Marie Mattox (FBN: 739685)

MARIE A. MATTOX, P.A.

203 North Gadsden Street

Tallahassee, Florida 32301

Primary Email: marie@mattoxlaw.com

Secondary Email: marlene@mattoxlaw.com

ATTORNEYS FOR PLAINTIFF

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished 

via Florida E-Filing Portal to all counsel of record this 16

th day of June, 2020.

/s/ Marie A. Mattox 

Marie A. Mattox

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EXHIBIT A

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IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT

IN AND FOR LEON COUNTY, FLORIDA

KIMBERLY GRIPPA,

Plaintiff, CASE NO. 2020 CA 000040

vs.

RONALD RUBIN,

Defendant.

____________________/

VERIFIED MOTION TO QUASH OR DISMISS FOR 

INSUFFICIENT SERVICE OF PROCESS

Defendant Ronald Rubin, pursuant to Florida Rules of Civil Procedure 1.140(b)(2)

and (b)(5), respectfully requests entry of an order quashing the purported service of 

process or dismissing Plaintiff’s Amended Complaint for insufficient service of process.1

Procedural Background

1. Plaintiff Kimberly Grippa initiated this action by filing a Complaint against 

Defendant Ronald Rubin on January 8, 2020.

2. Grippa filed an Amended Complaint against Rubin on January 20, 2020.

3. Rubin resides in Washington, D.C.

4. On April 8, 2020, Grippa filed an Affidavit of Process Server stating that, on 

April 2, 2020, a process server left copies of the Summons, Complaint, and Amended 

Complaint with an individual named Barbara Crutchfield at Rubin’s personal residence 

in Washington, D.C.

1 By filing this Motion, Rubin does not consent to jurisdiction and does not waive service 

under the Florida Rules of Civil Procedure. Rubin specifically reserves all of his rights to 

contest jurisdiction and any other deficiency in Grippa’s pleadings.

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5. Ms. Crutchfield is a doorperson who works in the lobby of Rubin’s 

apartment building who is not authorized to, and did not, accept service of process on 

behalf of Rubin.

Discussion

The Purported Service on Rubin Was Ineffective

Rubin resides outside the State of Florida. Florida Statutes section 48.194(1) 

provides that “service of process on persons outside this state shall be made in the same 

manner as service within the state by any officer authorized to serve process in the state 

where the person is served.” The requirements for service on an individual in Florida are 

clear:

Service of original process is made by delivering a copy of it to the person 

to be served with a copy of the complaint, petition, or other initial 

pleading or paper or by leaving the copies at his or her usual place of abode

with any person residing therein who is 15 years of age or older and 

informing the person of their contents. 

FLA. STAT. § 48.031(1)(a) (emphasis added).

Strict compliance with the statutory provisions governing service of process is 

required to obtain personal jurisdiction over the defendant. See, e.g., Gilliam v. Smart, 

809 So. 2d 905, 907 (Fla. 1st DCA 2002). Although “a process server’s return of service, 

regular on its face, is presumptive evidence of valid service,” when the presumption is 

overcome by clear and convincing evidence to the contrary, the party claiming valid 

service must prove that service was proper. Heck v. Bank Liberty, 86 So. 3d 1281, 1284

(Fla. 1st DCA 2012). 

Plaintiff here filed an Affidavit of Process Server stating that service was made by 

serving the pleading papers on Barbara Crutchfield, a “Co-Resident” and “person 

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residing” in Rubin’s apartment. These assertions are categorically false. Ms. Crutchfield 

is a doorperson who works in the lobby of Rubin’s apartment building; she does not reside 

with Rubin and she did not – and could not – accept service on his behalf. It is wellestablished that service on a doorperson or concierge is not proper service under Florida 

law. See Berne v. Beznos, 819 So. 2d 235, 238-39 (Fla. 3d DCA 2002) (holding that 

leaving complaint with concierge at defendant’s New York apartment building was 

insufficient and had to be quashed); Schupak v. Sutton Hill Assocs., 710 So. 2d 707, 708-

709 (Fla. 4th DCA 1998) (same; doorman at defendant’s New York apartment building); 

Smith v. FDIC, 711 So. 2d 1367, 1368 (Fla. 4th DCA 1998) (same).

Grippa’s purported service on Rubin through a doorperson at his apartment 

building in Washington, D.C. was ineffective. Without proper service of process, the 

Court lacks personal jurisdiction over Rubin.

CONCLUSION

Grippa failed to properly effect service of process on Rubin. Accordingly, Rubin 

respectfully requests entry of an order quashing the purported service of process or 

dismissing Plaintiff’s Amended Complaint for insufficient service of process.

VERIFICATION

Under penalty of perjury, I declare that I have read the foregoing document and 

that the facts stated in it are true.

_____________________________

RONALD RUBIN

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CERTIFICATE OF SERVICE

I certify that the foregoing document was filed on May 5, 2020 via the Court’s efiling portal, which will serve a copy on the following counsel of record:

Marie A. Mattox, Esq.

marie@matox.com

MARIE A. MATTOX, P.A.

203 N. Gadsden Street

Tallahassee, Florida 32301

Counsel for Plaintiff

TEIN MALONE PLLC

3059 Grand Avenue

Coconut Grove, Florida 33133

(305) 442-1101

By: /s/ Gaye L. Huxoll

Michael R. Tein (Fla. Bar No. 993522)

tein@teinmalone.com

Gaye L. Huxoll (Fla. Bar No. 149497)

ghuxoll@teinmalone.com

Counsel for Defendant Ronald Rubin

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Filing# 101918888 E-Filed 01/20/2020 06:36:41 PM 

IN THE CIRCUIT COURT OF THE 

SECOND JUDICIAL CIRCUIT, IN AND 

FOR LEON COUNTY, FLORIDA 

KIMBERLY GRIPP A, CASE NO.: 20-CA-40 

FLA BAR NO.: 0739685 

Plaintiff, 

v. 

RONALD RUBIN, 

Defendant. 

I ----------------

AMENDED COMPLAINT 

Plaintiff, KIMBERLY GRIPP A, hereby sues Defendant, RONALD RUBIN and alleges: 

NATURE OF THE ACTION 

1. This is a civil action seeking monetary damages, declaratory judgment, and legal, 

equitable, and injunctive relief against Defendant. This is an action brought under the common 

law of the State of Florida. 

2. This is an action involving claims which are, individually, in excess of $30,000. 

PARTIES 

3. At all times pertinent hereto, Plaintiff, KIMBERLY GRIPP A, has been a resident 

of the state of Florida. She is thus sui ;uris. 

4. At all times pertinent hereto, Defendant, RONALD RUBIN, individually, was a 

resident of the State of Florida. He is thus sui ;uris. 

CONDITIONS PRECEDENT 

5. To the extent required, Plaintiff has complied with all conditions precedent. 

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STATEMENT OF THE ULTIMATE FACTS 

6. Plaintiff, KIMBERLY GRIPP A, is an attorney with over 22 years' legal work 

expenence. She has a model work history including: Legal Counsel for a state college, Associate 

Attorney for a prominent law firm, Cabinet Aide at the Florida Department of State, a Faculty 

member at FSU College of Law, and other prominent positions. 

7. On March 21, 2019, GRIPPA interviewed with the Florida Office of Financial 

Regulation and the Department of Financial Services for the position of General Counsel with 

Defendant, Commissioner RONALD RUBIN, who is male. 

8. Throughout the interview, Defendant made numerous discriminatory statements 

and inappropriate acts based on GRIPPA's gender. 

9. GRIPP A reported this in an email to Chief of Staff Ryan West on May 13, 2019. 

10. GRIPPA learned that numerous additional complaints had been filed against 

Defendant by females who he treated similarly to her. 

11. As a result, an internal investigation was conducted into Defendant's behavior and 

determined that Defendant's conduct was sufficiently severe and pervasive to find him guilty of 

official misconduct. 

12. The Governor's office was also involved in the review process of Defendant's 

behavior and in conjunction with the Florida Cabinet, removed Defendant from office. 

13. Defendant has also filed several lawsuits (including Case No. 2019 CA 002535) 

wherein GRIPP A is listed as a co-conspirator of the "enterprise" that Rubin claims blackmailed, 

intimidated and extorted him and that she was associated with "racketeering, political corruption, 

abuse of power, and misuse of taxpayer money at the highest levels ofDFS". 

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14. Defendant has not officially named GRIPP A as a party in the case and as such she 

has no means of defending herself against the unsubstantiated, impertinent, scandalous, and false 

accusations Defendant has cast upon her in an attempt to swing the spotlight away from himself 

and his behavior. 

15. Subsequent to the complaints by Plaintiff against Rubin referenced in paragraph 9 

above and on the day the lawsuit referenced above was filed, Rubin, through counsel, sent emails 

to Governor Ron DeSantis and Chief Inspector General Melinda Miguel, on June 21, 2019 in 

which he referenced his "enterprise" and the lawsuit identified in paragraph 13 above, in which 

Plaintiff was included as a named participant in this fictitious "enterprise." The lawsuit that Rubin 

filed referenced above was included as a hyperlink to the email to Miguel. In the emails to both 

DeSantis and Miguel on June 21, 2019, Rubin detailed improper, unethical and seemingly 

unlawful conduct on the part of Plaintiff. Thus, Rubin, through his counsel, has publicly and 

falsely disparaged Plaintiff in his communication to Governor DeSantis and Miguel. 

16. Moreover, in a statement/letter that Rubin provided to state investigators on May 

30, 2019, presumably including without limitation the Office of the Inspector General within the 

Department of Financial Services and to other persons/entities including without limitation to 

FLAPOL, a publication through floridapolitics.com, Rubin falsely stated that Plaintiff was not 

"qualified to be the agency's enforcement director," that Plaintiff "had an air of entitlement and 

that [he] feared she would make [his] staff and other OFR employees miserable." In his May 30, 

2019 statement/letter, incorporated into the FLAPOL article of statewide if not national 

circulation, Rubin further falsely stated that Plaintiff had "not even pretended [their] lunch was a 

real interview and that she was angry because [he] had treated it as a real interview." These 

comments constitute defamation per se or per quad. 

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17. Media and press coverage of Defendant's accusations has led to a character 

assassination of GRIPP A and her professional reputation. None of the allegations against her are 

true, supported by evidence, and are nothing more than a scandalous attempt to shift focus from 

Rubin's discriminatory and scandalous behavior against women. 

18. GRIPPA has since been denied job opportunities due to the defamatory allegations 

against her by Defendant. 

19. Defendant was aware or should have been aware that Plaintiff was in the process 

of attempting to obtain employment and was entertaining multiple interviews with numerous 

employers when he made the scandalous and false allegations against Plaintiff and knew or should 

have reasonably knew that making such statements would hinder her chances of gaining such 

employment and/or ruin her reputation in the community. 

COUNT! 

DEFAMATION 

(Against Defendant RUBIN) 

20. Paragraphs 1 through 19 are re-alleged and are incorporated herein by reference. 

21. This count sets forth a claim against Defendant RUBIN for defamation. 

22. Defendant RUBIN, individually, or through counsel, published and/or caused to be 

published or allowed to be published false statements about Plaintiff to third parties as set forth 

above, in part. 

23. These statements made by Defendant RUBIN were malicious and intended to harm 

Plaintiff. Alternatively, Defendant RUBIN was negligent in publishing these statements, and/or 

published these statements with knowledge that they were false and/or published these statements 

with reckless disregard as to their falsity. 

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24. The statements referred to above directly and proximately caused harm to 

Plaintiff's reputation in the community, subjected Plaintiff to distrust, ridicule, contempt or 

disgrace and/ or tended to injure Plaintiff in Plaintiff's trade or profession. 

25. These statements have deterred others from associating with Plaintiff and are 

actionable on their face. The communications made by Defendant attributed conduct, 

characteristics, and/ or conditions upon Plaintiff incompatible with the exercise of Plaintiff's 

lawful business, trade, profession and office. 

26. Alternatively, Defendant engaged in slander per quod and Plaintiff is entitled to 

damages as a consequence thereof. 

27. Defendant published these statements in bad faith. 

28. As a result of the falsity of the statements made by Defendant RUBIN as set forth 

above and the publication thereof, Plaintiff has suffered damages which include, without 

limitation, special and general damages. Defendant engaged in slander per se which is actionable 

on its face and general damages are presumed. 

29. Alternatively, Defendant engaged in slander per quod and Plaintiff is entitled to 

damages as a consequence thereof. The communications made by Defendant RUBIN imputed 

conduct to Plaintiff which is incompatible with her functioning as a member of her community 

and occupation. Few good, decent or honorable people would want to have business relationships 

with a person or have a person serve them in a personal or professional capacity with the qualities 

attributed to Plaintiff by Defendant. 

30. As a result of the defamatory statements, Plaintiff has suffered extreme humiliation, 

embarrassment, and mental anguish, pain and suffering, inconvenience, lost capacity for 

enjoyment oflife, loss of business and profits, loss ofreputation, good standing in the community 

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and other tangible and intangible damages. These damages have occurred in the past, present and 

are reasonably expected to continue into the future. Plaintiff is entitled to equitable/injunctive 

relief and to punitive damages. 

PRAYER FOR RELIEF 

WHEREFORE, Plaintiff prays for the following relief: 

(a) that process issue and this Court take jurisdiction over this case; 

(b) that this Court grant equitable relief against Defendant under the 

applicable counts set forth above, mandating Defendant's obedience to the laws 

enumerated herein and providing other equitable relief to Plaintiff; 

( c) enter judgment against Defendant and for Plaintiff awarding damages to 

Plaintiff from Defendant for Defendant's violations of law enumerated herein; 

( d) enter judgment against Defendant and for Plaintiff permanently enjoining 

Defendant from future violations of the state and federal laws enumerated 

herein; 

( e) enter judgment against Defendant and for Plaintiff awarding Plaintiff 

attorney's fees and costs; and 

(f) grant such other further relief as being just and proper under the 

circumstances. 

DEMAND FOR TRIAL BY JURY 

Plaintiff hereby demand a trial by jury on all issues set forth herein which are so triable. 

Dated this 20th day of January 2020. 

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Respectfully submitted, 

ls/Marie A. Mattox 

Marie A. Mattox [FBN 0739685] 

MARIE A. MATTOX, P.A. 

203 N. Gadsden Street 

Tallahassee, FL 32301 

Telephone: 850-383-4800 

Facsimile: 850-383-4801 

marie@rnatox.com 

Secondary emails: 

marlene(lllmattoxlaw.com 

michelle{(o,mattoxlaw.com 

ATTORNEYS FOR PLAINTIFF 

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