HomeMy Public PortalAboutPRR 16-2316RECORDS REQUEST (the "Request")
Date of Request: 09/21/2016
Requestor's Request IDM: 1284
REQUESTER Custodian of Records Sweetapple, Broeker & Varkas
Custodian of Records Jones. Foster. Johnston & Stubbs
Custodian of Records Town of Gulf Stream
Custodian of Records Richman Greer, P.A.
Custodian of Records Cole Scott & Kissane
Custodian of Records Johnson Anselmo Murdoch Burke Piper & Hochman. P.A.
REQUESTOR: Martin E. O'Boyle
REQUESTOR'S CONTACT INFORMATION: E -Mail: records@commerce-group.com
Fax: 954-360-0807 or Contact Records Custodian at records(),commerce-groun.com;
Phone: 954-360-7713; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442
REQUEST: Please provide all transcripts. including all exhibits. (including any and all portions of the
transcript and any copies which have not vet been certified) (the "Transcripts") received by the Town of
Gulf Stream resulting from the deposition of Anthony Graziano dated June 1, 2016 relating to the
litigation styled: Martin O'Boyle vs. Robert Sweetanyle and the Town of Gulf Stream. Case No.: 9:14-
CV-81250-KAM.
ADDITIONAL INFORMATION REGARDING REQUEST: The term "Town of Gulf Stream" shall
mean each of the following: the Town of Gulf Stream, its Commissioners, its Manager, its employees. its
officers, its staff, its Police Department, its Police Officers its counsel and the following law firms:
Sweetapple, Broeker & Varkas: Richman Greer, PA: Jones, Foster. Johnston & Stubbs: Cole, Scott &
Kissane. P.A.: and Johnson Anselmo Murdoch Burke Piper & Hochman. P.A. (including, without
limitation, the attorneys, eml)lovees and partners of each such law firm.)
THIS REQUEST IS MADE PURSUANT TO ARTICLE I, SECTION 24 OF THE FLORIDA CONSTITUTION AND CHAPTER 119,
FLORIDA STATUTES
IF THE PUBLIC RECORDS BEING SOUGHT ARE MAINTAINED BY YOUR AGENCY IN AN ELECTRONIC FORMAT PLEASE
PRODUCE THE RECORDS IN THE ORIGINAL ELECTRONIC FORMAT IN WHICH THEY WERE CREATED OR RECEIVED.
SEE 6119,01(2)(F), FLORIDA STATUTES IF NOT AVAILABLE IN ELECTRONIC FORM, IT IS REQUESTED THAT THIS
RECORDS REQUEST BE FULFILLED ON 11 X 17 PAPER- NOTE: IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES
SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4) (a) (2)
ALSO PLEASE TAKE NOTE OF §119.07(n(H) OF THE FLORIDA STATUTES. WHICH PROVIDES THAT -IF A CIVIL ACTION
IS INSTITUTED WITHIN THE 30 -DAY PERIOD TO ENFORCE THE PROVISIONS OF THIS SECTION WITH RESPECT TO
THE REQUESTED RECORD, THE CUSTODIAN OF PUBLIC RECORDS MAY NOT DISPOSE OF THE RECORD EXCEPT BY
ORDER OF A COURT OF COMPETENT JURISDICTION AFTER NOTICE TO ALL AFFECTED PARTIES."
ALL ELECTRONIC COPIES ARE REQUESTED TO BE SENT BY E-MAIL DELIVERY.
PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS REQUEST IN ADVANCE.
It will be required that the Requester approve of any costs, asserted by the Agency (as defined in Florida Statute, Chapter 119.01
(Definitions)), in advance of any costs imposed to the Requester by the Agency.
"BY FULFILLING THIS RECORDS REQUEST, THE AGENCY ACKNOWLEDGES THAT THE RESPONSIVE DOCUMENTS
ARE "PUBLIC RECORDS" AS DEFINED IN CHAPTER 119, FLORIDA STATUTES". /1/P/NP/FLRR-07.28.2015
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
September 23, 2016
Martin E. O'Boyle [mail to: records(7a commerce-erouo.coml
Re: GS #2316 (Records Request #1284)
Please provide all transcripts, including all exhibits, (including any and all portions of the
transcript and any copies which have not yet been certified) (the "Transcripts') received by the
Town of Gulf Stream resulting from the deposition ofAnthony Graziano dated June 1, 1016
relating to the litigation styled: Martin O'Boyle vs. Robert Sweetapple and the Town of Gulf
Stream. Case No.: 9:14-CV-81250-KAM.
Dear Martin E. O'Boyle [mail to: records(a)commerce-group.com,
The Town of Gulf Stream has received your public records request dated September 21, 2016. The
original public record request can be found at the following link:
hU://www2.p-ulf-stream.org/weblink/0/doc/102120/Pagel.aspx
Please be advised that the Town of Gulf Stream is currently working on a large number of
incoming public records requests. The Town will use its very best efforts to respond to you in a
reasonable amount of time with the appropriate response or an estimated cost to respond.
Sincerely,
14d Raw" �alvtti
As requested by Rita Taylor
Town Clerk, Custodian of the Records
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
October 24, 2016
Martin E. O'Boyle [mail to: records(a,commerce-eroup.com]
Re: GS #2316 (Records Request 1284)
Please provide all transcripts, including all exhibits, (including any and all portions of the
transcript and any copies which have not yet been certified) (the "Transcripts') received by the
Town of Gulf Stream resulting from the deposition of Anthony Graziano dated June 1, 2016
relating to the litigation styled: Martin O'Boyle vs. Robert Sweetapple and the Town of Gulf
Stream. Case No.: 9:14-CV-81250-KAM.
Dear Martin E. O'Boyle [mail to: recordsla,commerce-erouo.coml:
The Town of Gulf Stream has received your original record requests dated September 21, 2016.
Your original public records request and response to your request can be found at the following
link:
htto://www2.aulf-stream.ore/weblink/0/doc/I02120/Pase l .aspxx
We consider this request closed.
Sincerely,
Si
As requested by Rita Taylor
Town Clerk, Custodian of the Records
Case 9:14-cv-81250-KAM Document 144-2 Entered on FLSD Docket 06/24/2016 Page 1 of 5
117
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 9:14-CV-81250-KAM
MARTIN E. O'BOYLE,
Plaintiff,
MAN
ROBERT A. SWEETAPPLE and MAYOR
SCOTT MORGAN,
Defendants.
- - - - - - - - - - - - - - - x
Volume II (Pages 117-258)
DEPOSITION OF ANTHONY GRAZIANO, JR.
TAKEN ON BEHALF OF THE PLAINTIFF
Friday, June 1, 2016
Daughters Reporting, Inc.
1515 North Federal Highway
Suite 300
Boca Raton, Florida 33432
9:02 a.m. - 5:10 p.m.
Reported by Felecia Curreri, RPR
Notary Public, State of Florida
EXHIBIT
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-640
Case 9:14-cv-81250-KAM Document 144-2 Entered on FLSD Docket 06/24/2016 Page 2 of 5
131
1 Q. Do you know of anybody who made any
2 donations indirectly?
3 MR. GILL: Object to the form of the
4 question.
5 THE WITNESS: I don't. I am not sure I
6 understand how to interpret that. How do --
7 tell me how you think somebody makes an
8 indirect donation and then I can answer the
9 question.
10 BY MR. O'BOYLE:
11 Q. I make a donation to Mr. Gill knowing full
12 well that he is going to take that money and give
13 it to the court reporter.
14 A. I know of no such instance. I don't know
15 anybody who did that. I didn't do it myself.
16 Q. Okay. Would it be fair to stay, and I'm
17 going to ask this in the context of I view you as
18 sort of a man about town, highly likable, in the
19 town clubs, highly likable --
20 A. Keep the butter coming. It's okay.
21 Q. Do you think that I've been ostracized?
22 A. Yes.
23 Q. And by whom?
24 A. I think -- I think there's a -- I'm not
25 going to give you specific names, because I'm not
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
Case 9:14-cv-81250-KAM Document 144-2 Entered on FLSD Docket 06/24/2016 Page 3 of 5
132
1 sure that's fair, but certainly there are a bunch
2 of people whom thought the aggressive campaigning
3 was inappropriate. There are a bunch of people
4 who, whether you have the legal right or don't have
5 the legal right to do it, find the hundreds, if not
6 thousands, of public records requests to be after
7 more than just honest disclosure of public records.
8 The multiple lawsuits challenging them, even though
9 I'm sure there are cases where you have a claim
10 under the law because the Town was inundated and
11 was slow in responding, so there are people who did
12 not appreciate that.
13 Q. Back to the records suits. Are you under
14 the impression that the suits emanated from us in
15 inundating the Town, using your words, I think they
16 are your words?
17 A. Yes.
18 Q. And then turning around and saying,
19 uh-huh, you didn't respond fast enough, we're suing
20 you?
21 A. Yes, I do have that impression.
22 Q. Okay. And where did you get that
23 impression?
24 A. I simply drew it, let's say, from the
25 facts. You take a small town like Gulf Stream with
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
Case 9:14-cv-81250-KAM Document 144-2 Entered on FLSD Docket 06/24/2016 Page 4 of 5
154
1 THE WITNESS: I think there are a lot of
2 people who really question your motives, so if
3 you wanted to -- if you want to translate that
4 into being -- your reputation is mud, you'd be
5 free to do so.
6 BY MR. O'BOYLE:
7 Q. Right. Would that be a fair analysis,
8 that my reputation has been tarnished as a result
9 of being charged with RICO, being called a
10 criminal, being called extortion?
11 A. Well, I'm not sure I would ascribe it to
12 being charged with RICO. I might ascribe it to the
13 notoriety of hundreds, if not thousands, of public
14 record requests and many lawsuits following and a
15 very, let's call it, nasty election campaign, where
16 some people think inappropriate language was used
17 and signs on certain places and airplanes flying up
18 and down the beach with signs that were, let's just
19 say, people thought were in poor taste. I think
20 that had more to do with it than the fact the Town
21 finally filed a RICO charge.
22 Q. Okay. So if I'm hearing you correctly,
23 the signs and what else did you say, I'm sorry?
24 A. Well, the airplanes, the signs, the
25 multiple public records requests, which a lot of
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
Case 9:14-cv-81250-KAM Document 144-2 Entered on FLSD Docket 06/24/2016 Page 5 of 5
155
1 people think were not exactly in good
faith,
all
2 the lawsuits that followed from that,
which a
lot
3 of people questioned whether they were
really
all
4
necessary. I think
the accumulation of those
5
things
percolates around
the Town and wonders why
6
one of
our residents
is making so many waves.
7
Q.
So I have a
bad reputation as a result of
8
making
waves as far
as the generality of the people
9
in the
Town?
10
MR. GILL:
Objection to the form of the
11
question.
12
THE WITNESS:
I think so. I would judge
13
that
it's more that
sort of stuff than the
14
RICO
suit.
15
BY MR.
O'BOYLE:
16
Q.
Okay.
17
A.
But that's
a personal opinion.
18
Q.
Okay. Have
you heard anything about there
19
was a
boat opposite,
I think it's, in Polo Cove
20
behind
Joan Orthwein's
house?
21
A.
Yes.
22
Q.
Okay. Tell
me what you heard.
23
A.
I saw it.
24
Q.
Yes. Okay.
25
A.
So, why --
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
Case 9:14-cv-81250-KAM Document 144-7 Entered on FLSD Docket 06/24/2016 Page 1 of 4
1
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 9:14-CV-81250-KAM
MARTIN E. O'BOYLE,
Plaintiff,
v.
ROBERT A. SWEETAPPLE and MAYOR
SCOTT MORGAN,
Defendants.
- - - - - - - - - - - - - - - x
Volume I (Pages 1-116)
DEPOSITION OF ANTHONY GRAZIANO, JR.
TAKEN ON BEHALF OF THE PLAINTIFF
Friday, June 1, 2016
Daughters Reporting, Inc.
1515 North Federal Highway
Suite 300
Boca Raton, Florida 33432
9:02 a.m. - 5:10 p.m.
Reported by Felecia Curreri, RPR
Notary Public, State of Florida
Daughters Reporting, Inc. `
Fort Lauderdale, Florida 954-755-6401
Case 9:14-cv-81250-KAM Document 144-7 Entered on FLSD Docket 06/24/2016 Page 2 of 4
111
1 that there are one or two. It's usually one
2 by the camera and sometimes there's another
3 one in the back or outside in the vestibule.
4 BY MR. O'BOYLE:
5 Q• Okay. You've never seen in there three or
6 four?
7 A. Not that I recall.
8 Q. Okay. Bill Bordman; do you know Bill?
9 A. Yes, I do.
10 Q. Has he ever said anything in a derogatory
11 or negative sense about me?
12 A. No.
13 MR. GILL: Object to the form of the
14 question.
15 THE WITNESS: No, not that I recall.
16 BY MR. O'BOYLE:
17 Q. Okay. Can you think of anyone else who
18 has said something about me in a negative or a
19 derogatory sense?
20 MR. GILL: Object to the form of the
21 question.
22 THE WITNESS: When you say in a negative,
23 perhaps repeating the allegations in the
24 complaint, I haven't heard anybody because
25 most people don't know anything, and it's hard
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
Case 9:14-cv-81250-KAM Document 144-7 Entered on FLSD Docket 06/24/2016 Page 3 of 4
112
1 to get, you know, who was it, at what cocktail
2 party after two glasses of wine, but I haven't
3 heard anybody say anything other than mouthing
4 what is in the RICO complaint because they
5 don't know. Now, I will say I have heard in
6 times past, and, you know, who, back two years
7 ago, that people were upset about some of the
8 things you put on the signs, especially the
9 ones at Town Hall where young children go to
10 the Gulf Stream school might be going right by
11 and seeing some of those signs and some of
12 them were inappropriate. I mean -- and I
13 understand they are protected by the First
14 Amendment, that doesn't mean the community
15 would consider them appropriate on an avenue
16 where, you know, children are going to school.
17 BY MR. O'BOYLE:
18 Q. So really what you are talking about is
19 Illinois versus Pope?
20 MR. GILL: Object to the form of the
21 question.
22 THE WITNESS: On speech?
23 BY MR. O'BOYLE:
24 Q. On taste.
25 A. Oh, again, no, certainly I am not saying
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
Case 9:14-cv-81250-KAM Document 144-7 Entered on FLSD Docket 06/24/2016 Page 4 of 4
113
1
that it's
not constitutionally protected. That
2
doesn't
mean that we think it's appropriate.
3
Constitutionally
protected First Amendment, no
4
problem.
5
Have you read anything on the first
6
amendment?
7
Q.
Pardon me?
8
A.
Have you read much on the First Amendment?
9
Q.
I've looked at a couple of things, yes.
10
A.
Have you ever read Floyd Abrams' book,
11
Friend of
the Court?
12
Q.
No.
13
A.
You should, if you are a First Amendment
14
person.
You should read Friend of the Court.
15
Floyd Abrams.
16
Q.
He's the father of that guy on TV, right?
17
A.
Yes, yes, he's the father, and he's
18
probably
the foremost First Amendment lawyer in the
19
United States.
20
Q.
Yes. Well, I'm going to look that up.
21
A.
Good.
22
Q.
I assume you've read it?
23
A.
I've worked with him.
24
Q.
Oh, you worked with him?
25
A.
It was at Cahill, Gordon when I was a
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401