Hewlett-Packard Lawsuit Against Brevard Clerk of Court Dismissed

April 15, 2014

Hewlett-Packard Lawsuit Against Brevard Clerk of Court Dismissed

Scott Ellis

ORLANDO, Florida -- Earlier today, U.S. District Judge Charlene Edwards Honeywell approved a U.S. Magistrate Judge’s Report and Recommendation that Hewlett-Packard Financial Service’s lawsuit against the current Brevard County Clerk of the Circuit Court, Scott Ellis, for non-payment of a $6.1 million loan be dismissed on jurisdictional grounds. The dismissal allows Hewlett-Packard to refile its action in Florida state court.

Former Brevard County Clerk of Court Mitch Needelman entered into the $6.1 million loan after losing the primary election in 2012 to fulfill the funding of a scanning contract that is tied to the criminal case brought by the Florida Department of Law Enforcement against Needelman, his business partner Matt DuPree, and BlueGEM CEO Rose Harr. BlueGEM was a direct recipient of $5.7 million of the loan.

Ellis continues to assert that the loan done by Needelman, BlueGEM, Harr, and Hewlett-Packard was illegal and unconstitutional. Ellis reaffirmed that he would continue to defend that position should Hewlett-Packard refile its claim in state court.

Mitch Needelman

Hewlett-Packard also alleged in the lawsuit that Caruso, Swerbilow & Camerota, P.A., a Merritt Island, Florida law firm, engaged in “professional malpractice, negligent misrepresentation, and breach of fiduciary duty” after the lawfirm had “provided a legal opinion letter verifying that the Clerk had the power and authority” to borrow funds to pay BlueGem for the scanning contract. BlueGEM, and Harr were also parties to the suit.