HomeMy Public PortalAboutPRR 16-2317RECORDS REQUEST (the "Request")
Date of Request: 09/21/2016
Requestor's Request ID#:
1285
REQUESTEE: 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-group.com;
Phone: 954-360-7713; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442
REQUEST: Please provide a copy of all or a portion of the transcript emanating from the trial before
Judge Small which was held on September 20.2016 (Case No: 02014CA000834X30C MB AH). The
above request is made to all of the Reouestees.
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, employees and partners of each such law firm.)
THIS REQUEST IS MADE PURSUANT TO ARTICLE 1, 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 §119.01(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 TARE NOTE OF §119.07(1)(H) OF THE FLORIDA STATUTES, WHICH PROVIDES TIIAT "IFA 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 OFA 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 Requestor approve of any costs, asserted by the Agency (as dertned 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".
UP/NP/FLRR - 07.28.2015
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
October 19, 2016
Martin E. O'Boyle [mail to: records(a),commerce-grouo.coml
Re: GS #2317 (PRR 1285)
Please provide a copy of all or a portion of the transcript emanating from the trial before Judge
Small which was held on September 20, 2016 (Case No: 02014CA000834 AH). The
above request is made to all of the Requestees.
Dear Martin E. O'Boyle [mail to: records(a)commerce-grouo.coml:
The Town of Gulf Stream has received your original records request dated September 21, 2016.
Your original public records request and response to your request can be found at the following
link:
http://www2.gulf-stream.org/weblink/O/doc/I02121/Pa¢el aspxx
We consider this request closed.
Sincerely, vD��
Rii+d ROW" D�
As requested by Rita Taylor
Town Clerk, Custodian of the Records
1
IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA
CASE NO. 502014CA000834
MARTIN E. O'BOYLE,
Plaintiff,
VS.
TOWN OF GULF STREAM,
Defendant.
- - - - - - - - - - - - - - - - -x
VOLUME I (Pages 1 to 91)
The above -entitled cause came on for non -jury
trial before the Hon. Lisa Small, Judge of the
above -styled court, at the Palm Beach County
Courthouse, 205 North Dixie Highway, West Palm
Beach, Florida, on September 20, 2016, commencing
at 10:00 a.m.
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
1 APPEARANCES FOR THE PLAINTIFF:
2
The O'Boyle Law Firm, P.A.
3 1286 West Newport Center Drive
Deerfield Beach, Florida 33442
4 BY: NICK TAYLOR, ESQUIRE
BY: GIOVANNI MESA, ESQUIRE
5 BY: JONATHAN O'BOYLE, ESQUIRE
Tel: 954-834-2209
6
7 APPEARANCES FOR THE DEFENDANT:
8 Sweetapple, Broker & Varkas, P.A.
20 S.E. 3rd Street
9 Boca Raton, Florida 33432
BY: ROBERT A. SWEETAPPLE, ESQUIRE
10 Tel: 561-392-1230
11
Jones, Foster, Johnston & Stubbs, P.A.
12 505 South Flagler Drive
Suite 1100
13 West Palm Beach, Florida 33402
BY: JOANNE M. O'CONNOR, ESQUIRE
14 Tel: 561-659-3000
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Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
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I N D E X
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TESTIMONY OF MARTIN O'BOYLE
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Direct Examination by Mr. Taylor
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Cross Examination by Mr. Sweetapple
43
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Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
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1 THE COURT: This is the case Martin E.
2 O'Boyle versus the Town of Gulf Stream and we
3 are set for this morning for the non -jury
4 trial in this matter. So let's have
5 appearances by everyone at this point.
6 We have the plaintiff.
7 MR. TAYLOR: Yes, Your Honor. Nick Taylor
8 appearing for Martin O'Boyle.
9 MR. MESA: Giovanni Mesa on behalf of the
10 plaintiff, Martin O'Boyle.
11 MR. O'BOYLE: And Jonathan O'Boyle on
12 behalf of the plaintiff, Martin O'Boyle.
13 MS. O'CONNOR: Joanne O'Connor for the
14 Town of Gulf Stream.
15 MR. SWEETAPPLE: Robert Sweetapple, Your
16 Honor, also on behalf of the Town.
17 THE COURT: Thank you. Good morning,
18 everyone.
19 In advance of today's non -jury trial, the
20 Court reviewed the plaintiff's first amended
21 verified complaint in your court file and the
22 Court also reviewed the defendant's answer and
23 affirmative defenses to the plaintiff's
24 verified amended complaint.
25 Is everyone ready to proceed?
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
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1 MR. TAYLOR: Yes, Your Honor.
2 THE COURT: Plaintiff, everyone ready to
3 proceed?
4 MR. O'BOYLE: Yes.
5 THE COURT: First, let's have brief
6 opening statements by each side, respective
7 counsel, and then we'll proceed with the
8 evidentiary case.
9 MR. TAYLOR: May it please the court.
10 Your Honor, before I proceed, there are a
11 few matters I want to make sure. There was a
12 mini trial memorandum filed last night. I was
13 wondering if you received it.
14 THE COURT: No.
15 MR. TAYLOR: May I approach?
16 THE COURT: Sure.
17 You've already provided opposing counsel
18 with copies of the cases?
19 MS. O'CONNOR: Yes, Your Honor.
20 THE COURT: You may proceed.
21 MR. TAYLOR: Also, Your Honor, before we
22 move on, I would like to raise an ore tenus
23 motion in limine based on their affirmative
24 defense.
25 Their affirmative defense essentially
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
[1
1 argues that my client acted in bad faith in
2 making the public records request. There's
3 case law that is clear that the intent of the
4 requester does not matter whatsoever when it
5 comes to a public records request. The only
6 element that one has to prove is whether they
7 made the request and whether it was a valid
8 public records request and whether the
9 documentation actually was a public record.
10 Based on the pretrial stipulation, there's
11 no question from either side that that is the
12 case. The only issue in this case is whether
13 my client was made to make the request in
14 writing, which is illegal, per case law in
15 this state. That's the only question that we
16 have here in this case.
17 Given the case law that we have, and I can
18 provide you specific cite for specific case;
19 News Press Publishing Company versus Gag in
20 which the respondent raised questions,
21 basically affirmative defenses, in that case
22 questioning the motive of the person making
23 the request. The Court found that it was
24 completely irrelevant. In that case, they
25 actually were trying to take discovery in the
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
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1 actual -- the actual motion to compel I
2 believe was quashed. So based on that, we
3 request that no testimony be considered by
4 this Court on good faith -- on their
5 affirmative defense that is based on the good
6 faith and intent of my client.
7 THE COURT: Response.
8 MR. SWEETAPPLE: Yes, Your Honor, if I
9 may.
10 First of all, that motion is untimely.
11 This is time for opening argument. That
12 affirmative defense has been pending in this
13 case. It's been accepted by a number of
14 circuit court judges. You are going to learn
15 in this case that the facts are quite unusual.
16 You are going to learn about the scam that
17 Mr. Martin O'Boyle and his son's law firm have
18 been engaged in throughout the state. The
19 barraging of the Town in an attempt to issue
20 kill shots to create litigation.
21 A good faith response is required under
22 the statute and we're merely arguing that
23 under these circumstances, everything we did
24 was reasonable and in good faith and I suggest
25 that the Court really just reserve on any
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
1 issue on that affirmative defense until the
2 conclusion of the case. There's no jury here.
3 There's been no motion to strike this
4 affirmative defense and I'm going to show, I
5 believe, through Mr. O'Boyle himself his
6 tremendous bad faith and his lack of
7 credibility and his malicious motive.
8 These allegations, we maintain, are
9 contrary to his original complaint and are
10 pure fabrications and part of his litigation
11 scheme designed to generate litigation for his
12 son's law firm. So I just ask the Court to
13 reserve on any issue of that affirmative
14 defense until you've heard the evidence in
15 this case, Your Honor.
16 MR. TAYLOR: Your Honor, if I may.
17 Mr. Sweetapple referred to it right there.
18 He mentioned a motive. He's going to try to
19 attack the motive of my client. The motive
20 does not matter in this case. Again, he's
21 laid out what he plans to do and what the Town
22 plans to do. They plan to try and confuse
23 this Court and basically tar and feather my
24 client, tar and feather his son. That is, I
25 respectfully request -- state, Your Honor,
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
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1 that is not the issue in this case. The issue
2 is narrow. The issue is whether the Town
3 illegally and impermissibly required my client
4 to make his request in writing. That is the
5 issue. His motive has absolutely, positively
6 nothing to do with it, despite what
7 Mr. Sweetapple says, despite what the Town
8 says, and I just respectfully request that the
9 Court essentially narrow this and keep this as
10 a simple issue. It's a simple public records
11 request. The question is, did the Town do
12 what they did do constitutionally and
13 statutorily --
14 MR. SWEETAPPLE: Your Honor, the rules of
15 evidence are very clear. My reference to
16 motive with regard to Mr. O'Boyle himself deal
17 with my right to impeach him. This is a case
18 about credibility. I'm going to be going into
19 his motive. I'm going to be going into prior
20 judicial determinations of his having
21 committed lies.
22 In June of this year, a federal judge --
23 I'll be asking the Court to take judicial
24 notice of Mr. O'Boyle's lies and his
25 sanctioning and his previous history of bad
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
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1 acts. That goes to his motive, but the reason
2 motive becomes important in this case, Judge,
3 you are going to see, is because Mr. O'Boyle
4 filed nine public records requests in
5 15 minutes on the 21st of January. This was
6 the last of nine written requests that were
7 emailed within 15 minutes. Some of them
8 incredibly complex.
9 His son's law firm hadn't even been
10 recognized as a corporation in Florida. He
11 wasn't even a Florida lawyer and two days
12 after the filing, two days after this request
13 was made, his son's law firm, which wasn't
14 even a Florida corporation, filed this
15 complaint, filed this complaint as part of
16 dozens and dozens of lawsuits that had been
17 filed against Gulf Stream --
18 MR. TAYLOR: Your Honor --
19 MR. SWEETAPPLE: May I finish?
20 And hundreds that have been filed around
21 the state that have been disclosed by the
22 Florida Bar as a scam. So his motive,
23 Mr. O'Boyle's motive in order to generate
24 moneys for his son's law firm and his malice
25 towards the Town will be used to impeach
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
1 Mr. O'Boyle, but I remind the Court, that in
2 this case there was complete, complete, no
3 dispute, complete compliance within two days
4 of the request and the lawsuit that was filed
5 was a claim that his written request had been
6 denied, then he amended it nine months later
7 and said, oh, I made a prior oral request.
8 So his credibility is clearly an issue
9 here and all of the evidence of motive will
10 come under Section 90 of the Florida statutes.
11 The issue of bad faith, however, is a
12 different issue. We're indicating that we
13 acted in good faith and in light of everything
14 that was occurring at the time, including his
15 cohort, Mr. O'Hare, who's also a client of
16 this young man, Jonathan O'Boyle, filed 80
17 requests on one day immediately before this
18 request, these nine requests were filed.
19 So they are bombarding the Town,
20 bombarding charities of the state, bombarding
21 local government with requests. That's going
22 to come out.
23 THE COURT: That's what I read in the
24 affirmative defense is what you were just
25 arguing. The ore tenus motion in limine is
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
1 denied. The Court will follow the law on
2 public records, but to the extent that this
3 line of inquiry would relate to the Town's
4 good faith, which alleged good faith response,
5 and to the extent that this line of inquiry
6 would relate to the believability of witnesses
7 who will be presented during our trial, the
8 Court will consider the line of inquiry.
9 MR. TAYLOR: Thank you, Your Honor.
10 Your Honor, again, this is a simple public
11 records case. The only issue in Chapter 119
12 that is relevant for the Court is whether a
13 request was made, whether the municipality, in
14 this case, the Town of Gulf Stream, received
15 the request and whether the records that were
16 requested were actually public records.
17 None of those facts are undisputed. The
18 Town even admits that there was no exempt
19 information in the records that were
20 requested.
21 The issue here is that the Town
22 impermissibly requested that my client make
23 the request in writing, even though the
24 document that he wanted was literally six feet
25 away. It was a simple matter of the Town
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
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1 custodian walking up, picking up the
2 documentation, again, they had no exempt
3 information, and running off a copy.
4 That in and of itself, again, we will
5 prove that, number one, that happened and it
6 is state of law in Florida that is illegal.
7 You cannot request that anyone, number one,
8 identify themselves. You can make a request
9 honestly and, number two, you cannot -- you
10 cannot require that any request be made in
11 writing and we will show that, Your Honor.
12 And for Mr. Sweetapple -- you got a sense of
13 the actual tenor of what their defense is
14 going to be.
15 Their tenor is not going to be to defend
16 the narrow facts of this case. Their tenor is
17 going to be to attack my client, to attack his
18 son, to attack his law firm while allegations
19 that have been refuted in federal court and
20 state court in this very building they have
21 been refuted. All these allegations he's
22 going to bring up to the Court in order to try
23 and tar and feather my client and distract
24 this Court from the simple facts.
25 Now, granted, he won't have an inch of
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
is
1 evidence. He won't have an inch of evidence
2 that shows that my client, Martin O'Boyle,
3 conspired with Mr. O'Hare or his son or
4 anybody. And, as I said, even though a motive
5 is irrelevant, my client made nine public
6 records requests. The Town is aware of their
7 responsibility under the constitution to
8 provide these records. They are aware of
9 their responsibility under the statute to
10 actually provide these records, but apparently
11 during the act, they have the actual practice
12 of putting forward illegal requirements during
13 the process of instead of requiring and
14 producing records upon citizens' requests.
15 Again, they launch attacks, personal attacks,
16 everything under the sun to avoid doing what
17 they are constitutionally and statutorily
18 supposed to do.
19 And I would just respectfully respect that
20 when the Court and -- I submit that when the
21 Court hears the facts on our narrow case, that
22 it will rule that the Town violated the public
23 records act and that we are entitled to
24 attorneys' fees and I would request the Court,
25 again, to please stay focused on the narrow
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
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1 facts of this case. You are going to hear a
2 lot of things. 99.9 percent of them will be
3 untrue. It won't matter because, again,
4 motive is irrelevant, but that is what they
5 are going to try and do, but it will have
6 nothing to do with the fact that this Town
7 illegally and impermissibly requested my
8 client to identify themselves and to put his
9 request in writing.
10 Thank you.
11 THE COURT: Thank you.
12 Opening statement on behalf of the
13 defendant?
14 MR. SWEETAPPLE: Yes. Thank you, Your
15 Honor. May it please the court.
16 First of all, please note that I find that
17 offensive to have an attorney anticipate my
18 presentation to the Court by saying that 99.9
19 percent of what I'm going to offer to the
20 Court is untrue. What I'm going to show the
21 Court are undisputed facts regarding this
22 specific case and also I'm going to ask the
23 Court to take judicial notice of over a dozen
24 matters involving Mr. O'Boyle and findings
25 courts have made. So, it's not a matter of
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
1 what I'm going to say, I'm going to provide
2 the Court with the undisputed evidence for the
3 first time in a courtroom in Palm Beach County
4 of what is going on throughout the State of
5 Florida. And I think the Court will find,
6 through the judicial notice, that everything
7 I'm going to offer the Court is undisputed.
8 First of all, let's talk about this case.
9 In the four months before Mr. O'Boyle filed
10 nine public records requests, which I'm going
11 to go over with the Court, by email within
12 15 minutes on January 21st, 2014, another
13 client of his son's law firm, which had just
14 been setup and was operating out of
15 Mr. O'Boyle's offices, even though Mr. O'Boyle
16 was not a member of the Florida Bar and even
17 though the firm wasn't formed and recognized
18 by the state until February, Mr. O'Hare was
19 represented by Jonathan O'Boyle and he was pro
20 hac vice in a number of cases. Mr. O'Hare has
21 been a client of the firm, you are going to
22 take judicial notice, for dozens of cases.
23 Mr. O'Hare has also brought forth public
24 records documents and when you look at our
25 good faith, the Court's going to see and you
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
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1 are going to hear from our clerk, Ms. Rita
2 Taylor, and you are going to see the log we
3 kept and you are going to see that there were
4 574 requests starting in August. So the four
5 months before this request, Mr. O'Boyle's
6 son's client, Mr. O'Hare, who's also been a
7 co -plaintiff, you are going to see, with
8 Mr. O'Boyle in lawsuits, filed more than 140
9 requests on the Town of Gulf Stream per month.
10 And you are going to see a log of these
11 requests. You are going to see that they have
12 been designed to be what are called kill
13 shots. In fact, Mr. O'Boyle, Jonathan
14 O'Boyle's partner, Ryan Witmer, wrote emails
15 with Mr. Chandler who trained them in this art
16 about how to make kill shots, how many
17 lawsuits can we file, how many kill shots can
18 we make and that's in January, the same month.
19 They are making kill shots.
20 Mr. O'Boyle formed Citizens Awareness
21 Foundation, Inc. Martin O'Boyle, even though
22 he denied it under oath in a deposition in
23 another proceeding, because he -- because
24 Mr. Chandler produced his memo to his lawyer
25 Mr. Tweel (ph) where he indicates he's going
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
1 to form this alleged not-for-profit, they are
2 going to go around the state making public
3 records requests. His son's law firm is going
4 to handle them on a contingency and they are
5 going to generate attorneys' fees for the
6 O'Boyle Law Firm by going around the state on
7 a contingency basis and he's going to attempt
8 to write off the moneys that he's put into
9 this effort and this is how he's going to
10 launch his son's legal career and that
11 document came in in a lawsuit that he filed
12 against me, one of four he's filed against me,
13 numerous he's filed against the mayor, the
14 police chief. He's sued everybody in Gulf
15 Stream, you are going to learn, because he has
16 tremendous malice. He has banners flying
17 around in the skies because he --
18 THE COURT: I really need to focus on this
19 case.
20 MR. SWEETAPPLE: This case. Let me do
21 that first.
22 THE COURT: Right. So let's just stick to
23 the facts of this case. To the extent that
24 any of that would be relevant to who to
25 believe in this case, I will consider it, but
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
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1 I want to be --
2 MR. SWEETAPPLE: Let me do that first,
3 because there is a joint pretrial statement
4 and I think you are correct, we should stick
5 with this case and the issues in this case and
6 then I'll get into the credibility issues and
7 the motive here later through the witness and
8 perhaps in summation here.
9 With regard to the request, you are going
10 to see, in fact, if I can approach the Court,
11 you are going to see from our response, our
12 motion for summary judgment, the requests that
13 were actually filed in this case that are in
14 the log. I've excerpted them.
15 May I approach?
16 THE COURT: Any objection?
17 MR. TAYLOR: Bob, can I look at them?
18 MR. SWEETAPPLE: Sure. This is from the
19 response. Here is a copy.
20 If I can give you a copy of the joint
21 pretrial, Judge, I'll be walking you through
22 this, if I can approach.
23 THE COURT: Sure.
24 MR. SWEETAPPLE: Thank you.
25 MR. TAYLOR: Your Honor, I have to object.
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
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1 This includes an affidavit from Freda
2 Defrosse. She's not here and we have not been
3 made aware of any availability. Therefore, we
4 would request that that not be introduced into
5 evidence and we object.
6 THE COURT: I don't have that.
7 What was handed to the Court is the
8 following document: The joint pretrial
9 stipulation with the following attachments.
10 Exhibit A, a joint exhibit list. Exhibit B,
11 plaintiff's objections to defendant's
12 exhibits. And then Exhibit C is a joint
13 witness list. That's all. I don't have an
14 affidavit.
15 MR. SWEETAPPLE: And, Your Honor, I'm also
16 going to hand up to the Court the joint
17 exhibits that we've agreed to in this case, if
18 I may.
19 THE COURT: Yes.
20 Have you looked at the notebook?
21 MR. SWEETAPPLE: And what I've --
22 THE COURT: These are the joint exhibits?
23 MR. TAYLOR: Yes.
24 THE COURT: Thank you.
25 MR. SWEETAPPLE: What I've suggested to
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
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1 the Court is it's already on file in this
2 proceeding a response to the motion -- the
3 motion for summary judgment was filed by the
4 Town and in it -- and I'm not asking the Court
5 to look at any affidavits or to take notice of
6 any affidavits or to put those in evidence.
7 All I'm suggesting is rather than having the
8 Court have to go through the log in the motion
9 that was filed are verbatim quotes of the
10 request that were sent in writing by
11 Mr. O'Boyle starting at 12:03 p.m. on
12 January 21, 2014, through 12:18 p.m. on that
13 same date. I've shown them to Mr. Taylor.
14 I'm asking the Court just to look at a
15 pleading that is in the court file, which I
16 would not think there would be any objection
17 to.
18 MR. TAYLOR: Your Honor, that's fine. As
19 long as the affidavit of Freda Defrosse is not
20 included. She's clearly available, but she's
21 not here. If Mr. Sweetapple is limiting it to
22 those requests that were made on January 21st,
23 I have no problem.
24 THE COURT: All right. Thank you.
25 MR. SWEETAPPLE: Thank you, Your Honor.
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
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1 So not only is the clerk already in possession
2 of 574 requests the proceeding four months,
3 Mr. O'Boyle transmits on January 21st in the
4 15 -minute period nine written requests for
5 documents. And there is no indication
6 anywhere in those emails that anything was
7 done orally and the Town, the Town
8 immediately, immediately responds the same
9 day, the same day, and in the trial exhibits,
10 Your Honor, if you look at Trial Exhibit 8,
11 the very same day the Town responds, and it's
12 public records request, it's dated January 21.
13 You are going to see that's the same day as
14 the written request.
15 It says: "Martin O'Boyle. Re: Public
16 Request Number 433. Please provide a copy of
17 the sign -in sheet on the desk in the front
18 lobby of the Gulf Stream Town Hall as existed
19 on 11 a.m., on January 21, 2014."
20 That's the last of the nine requests that
21 were emailed.
22 "Dear Mr. O'Boyle, the Town of Gulf Stream
23 has received your public records request dated
24 January 21, 2014. If your request was
25 received in writing, then the first page of
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
I that request is attached to this cover letter.
2 If your request was verbal, then the
3 description of your public records request is
4 set forth in the space below. Our staff will
5 review your request within the next three
6 business days and will promptly send you the
7 appropriate response for an estimated cost to
8 respond."
9 Now, the Court may find interesting, why
10 does Mr. O'Boyle want this sheet. His motive
11 for wanting it, of course, was not relevant.
12 He can ask for any reason he wants, but the
13 Court's going to see that there are only two
14 entries. Only two entries on the sign -in
15 sheet that -- as it existed on January 1,
16 2014, because on the next page is what was
17 actually produced and I'm going to show you
18 the letter where it was produced, but that was
19 produced on January 23rd, within two days of
20 being told that they would review the request
21 in three days. That was promptly provided.
22 It was not a complex one like some of the
23 other kill shots that were presented and it
24 was provided within two days.
25 But let's look at how much fun Mr. O'Boyle
Daughters Reporting, Inc.
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1 and Mr. O'Hare had with the Town of Gulf
2 Stream. Look at the sign -in sheet of the
3 first entry for 1-21-13. It says Tweedlee
4 Dee. Joke. Person visiting Rita. Are you
5 registered lobbyist, no. And then
6 representing, Comedy Central. That's who they
7 represent, Comedy Central.
8 Then the next signature -- it says 113,
9 which is a mistake, because obviously it's '14
10 above and '14 below, and that's Chris O'Hare,
11 permit clarification. He's seeing the town
12 clerk.
13 So the only two signatures on this sign -in
14 sheet were Twiddle -Lee -Dee and Christopher
15 O'Hare. Now, what happens, Mr. O'Boyle has
16 his son's law firm, as I told you, you are
17 going to see, I'm going to ask you to take
18 view of the corporate records from a law firm
19 that's just setup, they sent in the papers but
20 they haven't gotten the company registered.
21 The O'Boyle Law Firm files the lawsuit the day
22 after, the day after this request is made, and
23 you are going to see it's one of hundreds of
24 lawsuits that the law firm filed starting
25 January on public records request.
Daughters Reporting, Inc.
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1 What does that lawsuit say? That
2 lawsuit -- that lawsuit, the jurisdiction of
3 this court was invoked because they allege
4 there was a written request that had not been
5 responded to. A written request and they
6 attach email number nine, request number 433.
7 That's how the jurisdiction of this court was
8 invoked and they say that they didn't get a
9 response, apparently, immediately to their
10 written request, because that's the day after
11 their request was given. He already had the
12 letter from the Town saying it will process it
13 in three days.
14 So what happened? We move for summary
15 judgment. You have a copy of it. And the
16 plaintiffs amend this complaint in September.
17 Nine months later, they amend it. And for the
18 first time they say, oh, this isn't about the
19 written request, there was one of nine written
20 requests, we made an oral request from Rita
21 Taylor.
22 You are going to hear from Rita Taylor
23 that she dealt with Mr. O'Boyle previously
24 where he sued the Town and over 135 requests
25 and they settled with him and she knew full
Daughters Reporting, Inc.
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1 well to watch out for him and Mr. O'Boyle and
2 that she has a procedure in place, they have a
3 log, and if an oral request comes in, it's
4 honored. If a written request comes in, it's
5 honored. When an oral request come in, they
6 are written down by the clerk, they are logged
7 and they are processed. And if it's something
8 that can be done quickly, it gets done
9 quickly.
10 So the reason of creditability becomes
11 important is because this is a fabrication by
12 Martin O'Boyle in order to protect the lawsuit
13 that he had his son's law firm file on a
14 different request that he now says, oh, there
15 was an earlier request. That way, the case
16 won't get dismissed.
17 So the lawsuit wasn't even served until
18 about January, I think, 22nd or 23rd.
19 Ms. Taylor didn't even know there was a
20 lawsuit pending, had been filed the day after
21 the request, the day after her letter. And
22 she produced the documents the following day,
23 on the 22nd. No unjustifiable delay. No
24 refusal. There wasn't even an oral request,
25 we submit, and the Court, I'm going to ask the
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1 Court to take judicial notice of some things.
2 One of Mr. O'Boyle's many, many cases that he
3 just dismissed in federal court after he was
4 sanctioned multiple times by the magistrate
5 judge. The magistrate judge -- and this is
6 United States District Court, Southern
7 District of Florida, Case Number 8125 Mara/
8 Matthewman and it's Martin O'Boyle versus --
9 MR. TAYLOR: Your Honor, objection.
10 That's fine if Mr. Sweetapple actually wants
11 to set these things for -- if he wants you to
12 take judicial notice. What I don't think is
13 fine and I don't think it's permissible is for
14 him to argue the cases. If he wants Your
15 Honor to take judicial notice of it, fine, but
16 I would submit that he should move on, because
17 I don't --
18 THE COURT: There is no objection to the
19 Court taking judicial notice of that case
20 being filed in federal court?
21 MR. TAYLOR: Yes, but I think, Your Honor,
22 he's making arguments about the case. He is
23 basically putting his spin on what the case
24 says. I mean, if the Court wants to take
25 judicial notice of this --
Daughters Reporting, Inc.
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KJ
1 THE COURT: But taking judicial notice --
2 what is the specific request?
3 MR. SWEETAPPLE: Your Honor, I'm going to
4 -- I was just going to read to you the Court's
5 order. I'm asking the Court to take judicial
6 notice of the orders and the case I just
7 cited, including orders finding that
8 Mr. O'Boyle made frivolous allegations, made
9 false statements on the record. I'm going to
10 ask the Court to take judicial notice of
11 Mr. O'Boyle's response. I'm only going to --
12 there are a number of cases I'm going to be
13 asking the Court to take judicial notice of
14 and when I do, I'm only going to read to the
15 Court short paragraphs that I ask the Court to
16 take notice of. That's all. I'm not going to
17 argue it, I'm going to read them to the Court.
18 MR. TAYLOR: Okay. Again, Your Honor,
19 what he's asking to take judicial notice of is
20 largely irrelevant, but at the same time, I
21 think he should -- the correct protocol is
22 take judicial notice of the case, if there's a
23 finding, fine, but then don't --
24 Mr. Sweetapple essentially is testifying as to
25 what the case says. If you want to take
Daughters Reporting, Inc.
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z
1 judicial notice, the case should speak for
2 itself. So I would respectfully submit, Your
3 Honor, the correct protocol here would be to
4 take judicial notice of the case as long as
5 they are relevant and simply move on without
6 Mr. Sweetapple's testimony.
7 THE COURT: You are asking the Court to
8 take judicial notice. You have no objection
9 to the Court taking judicial notice of the
10 orders that defense counsel has?
11 MR. TAYLOR: I don't at this time, Your
12 Honor, but I object to Mr. Sweetapple's
13 testimony. That's what I object to.
14 THE COURT: Based upon their being no
15 objection to the request for judicial notice,
16 the Court will take judicial notice of the --
17 what are the dates of the orders?
18 MR. SWEETAPPLE: Yes, Your Honor. I'm
19 going to ask the Court to take judicial notice
20 of the entire file, but the orders that I'm
21 going to be referencing in my opening, one is
22 dated June 28th, 2016. The other is an order
23 denying Mr. O'Boyle's motion for
24 reconsideration, which is dated August 3rd,
25 2016. And I'm also going to be quoting or
Daughters Reporting, Inc.
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1 impeaching Mr. O'Boyle with regard to
2 Mr. O'Boyle's own motion for reconsideration.
3 I'm going to be quoting from that as part of
4 the court file. Obviously, these court
5 files are voluminous.
6 THE COURT: Was the motion for
7 reconsideration, what date was that?
8 MR. SWEETAPPLE: Your Honor, that motion
9 is dated July 6, 2016.
10 THE COURT: July 6, 2016. And then --
11 MR. SWEETAPPLE: '16, yes.
12 THE COURT: Okay. And then the case
13 number in federal court?
14 MR. SWEETAPPLE: I have a copy of what I'm
15 going to be making reference to.
16 THE COURT: Right. I just want to make
17 sure that bookkeeping is a precise record. So
18 the request is as it pertains to those two
19 referenced orders and the motion for
20 reconsideration filed in U.S. District Court,
21 Case Number 14 CV 81250-Mara/Matthewman and
22 there was no objection to the Court taking --
23 MR. TAYLOR: Your Honor, just to be sure
24 these are being judicially noticed for
25 relevancy of the -- or for creditability of
Daughters Reporting, Inc.
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1 the client; is that correct?
2 THE COURT: That is the --
3 MR. SWEETAPPLE: That's correct, Your
4 Honor, yes.
5 THE COURT: What is the position?
6 MR. TAYLOR: I'm sorry?
7 THE COURT: What is the plaintiff's
8 position on the request?
9 MR. TAYLOR: Well, the plaintiff's
10 position is that this documentation is
11 irrelevant. I mean, 2016, the request we're
12 talking about here happened in January of
13 2014. I don't think it's relevant at all to
14 their case to prove whether or not they
15 violated Chapter 119 in January of 2014.
16 THE COURT: Response.
17 MR. SWEETAPPLE: Your Honor, this goes to
18 credibility and the only limitation in federal
19 court is ten years for impeachment for
20 criminal. The fact that he has been found
21 recently to have engaged in false and
22 deceptive conduct with the federal court and
23 also I have Mr. O'Boyle's own statements that
24 I'm going to be -- that are part of the court
25 file, that I'm going to be impeaching him on.
Daughters Reporting, Inc.
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1 He actually writes the Court's written
2 suggestion that I've engaged in conduct that
3 is either dishonest or borderline illegal. If
4 it stands, we'll have permanent deleterious
5 effects on me and my reputation.
6 Well, his motion for reconsideration, as
7 the Court can see, was denied. So he's
8 admitted in his own words that the judge's
9 finding that he was dishonest or borderline
10 illegal will have permanent deleterious
11 effects on me and my reputation.
12 So I want the Court to take judicial
13 notice of his own words in a court proceeding
14 and also I'm going to use those when I
15 cross-examine him.
16 THE COURT: Request for judicial notice is
17 denied, but you may cross without prejudice to
18 cross-examination.
19 MR. SWEETAPPLE: Okay.
20 MR. TAYLOR: Thank you, Your Honor.
21 THE COURT: Thank you.
22 MR. SWEETAPPLE: Do you want me to save my
23 areas of cross-examination with my exhibits
24 for cross-examination --
25 THE COURT: You may --
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1
MR.
SWEETAPPLE: -- or make openings about
2
them?
3
THE
COURT: No, you don't need to do that.
4
I think
I have the -- you've laid out in your
5
opening
what the undisputed issues are and
6
what the
disputed -- I just want to make sure
7
that I wrote
down the defendant's position was
8
that the
ultimate response to the public
9
records
request was transmitted by defendant
10
to plaintiff
on -- was it January 22nd or
11
January
23rd?
12
MR.
SWEETAPPLE: Yes, Your Honor,
13
January
22nd.
14
THE
COURT: January 22nd. Okay.
15
MR.
SWEETAPPLE: January 23rd. I'm sorry.
16
22nd is
when they filed the suit. I'm sorry.
17
THE
COURT: Okay.
18
MR.
SWEETAPPLE: Two days after the
19
request.
20
THE
COURT: All right. I just wanted to
21
clarify
that because I had read in the
22
answer --
23
MR.
SWEETAPPLE: We wrote --
24
THE
COURT: -- filed on January 22nd,
25
January
23rd. The response was sent to
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
1 Mr. O'Boyle. Okay. All right.
2 MR. SWEETAPPLE: If I may just take two
3 minutes to just give you an overview of some
4 of the areas I'm going to be cross-examining
5 in my opening or if you don't want me to, I'll
6 just save it.
7 THE COURT: I think you can save it for
8 cross-examination.
9 MR. SWEETAPPLE: I'll do that, Your Honor.
10 THE COURT: Thank you very much.
11 So that completes opening. So we'll now
12 proceed with the evidentiary phase with
13 presentation of the plaintiff's witnesses.
14 Who will be the first witness on behalf of
15 the plaintiff?
16 MR. TAYLOR: Your Honor, if I may. Based
17 on the affirmative defense, the plaintiff
18 requests that in this -- in our motion,
19 judicial notice has been filed with the Court
20 and it relates to the actual affirmative
21 defenses here. We would like the Court to
22 take judicial notice of an order entered in
23 the Fifteenth Circuit Court, the Case Number
24 is 2014 CA 004474. This case actually was
25 just completed, I believe, two weeks ago in
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1 which the affirmative defenses in this case
2 are almost identical to the affirmative
3 defenses that have been raised in the case
4 today. The Court found that affirmative
5 defenses were completely without merit and
6 could actually not be affirmative defenses
7 that could essentially alleviate or be not
8 found in favor of the defendant.
9 And I have actually a copy of that order,
10 if I can approach and provide it.
11 THE COURT: Do you have a copy for
12 counsel?
13 MR. SWEETAPPLE: I have no objection, but
14 that defense was not pled in this forum. The
15 bad faith defense was amended and has been
16 accepted in numerous cases. We'll have the
17 Court take judicial notice of that.
18 THE COURT: All right. So no objection to
19 the Court taking judicial notice of this
20 order. I just need to get a copy of the order
21 and then I'll recite it to the court reporter
22 so she has it.
23 This is not the order, this is an amended
24 answer?
25 MR. TAYLOR: Your Honor.
Daughters Reporting, Inc.
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1 THE COURT: Yes.
2 MR. TAYLOR: Your Honor, I guess at this
3 moment we're having a hard time locating it.
4 THE COURT: That's fine. You can renew
5 the request.
6 MR. SWEETAPPLE: What did you just hand
7 up?
8 THE COURT: This is what was given to the
9 Court is an order on motion for summary
10 judgment on defendant's counterclaim and
11 affirmative defenses entered in Case Number
12 2014 CA 004474 (AA). In the case, Martin E.
13 O'Boyle versus Town of Gulf Stream and then
14 the counter complaint, Town of Gulf Stream
15 versus Martin E. O'Boyle, Ryan Witmer,
16 Christopher O'Hare, Jonathan O'Boyle, Denise
17 D'Martini, Citizens Awareness Foundation
18 Public Records, LLC, Commerce Group, Inc. and
19 the O'Boyle Law Firm, PC, Inc. This is an
20 order entered on November 4, 2015, by Judge
21 Richard Oftedal.
22 MR. SWEETAPPLE: Your Honor, I would ask
23 the Court to note that the Court specifically
24 denied the motion for summary judgment as to
25 the Town's third affirmative defense and the
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1 Court said: "The Court will consider any and
2 all appropriate circumstances and events
3 including the reasonableness of the Town's
4 response in determining O'Boyle's entitlement
5 to attorneys' fees."
6 So I would ask that the Court also take a
7 look at the third affirmative defense that the
8 Court did not grant summary judgment as to.
9 THE COURT: Right. I see that in
10 Paragraph 2. "Summary judgment was granted as
11 to the first and second. Denied as to the
12 third affirmative defense in that case."
13 And then the Court went on to say that
14 "the Court will consider any all appropriate
15 circumstances and events including the
16 reasonableness of the Town's response in
17 determining O'Boyle's entitlement to
18 attorneys' fees."
19 So judicial notice of this order has been
20 granted.
21 So who would be the first witness?
22 MR. TAYLOR: It would be Martin O'Boyle,
23 Your Honor.
24 THE COURT: Thank you.
25 Good morning, Mr. O'Boyle.
Daughters Reporting, Inc.
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1
THE WITNESS: Good morning, Your Honor.
2
THE COURT: I will administer the oath to
3
you.
Please, raise your right hand.
4
Do you swear or affirm that any evidence
5
you
give in this cause is the truth, the whole
6
truth,
and nothing but the truth?
7
THE WITNESS: I affirm to tell the truth.
8
THE COURT: Thank you very much.
9
You may inquire.
10
MR. TAYLOR: Thank you, Your Honor.
11
DIRECT EXAMINATION
12
BY MR.
TAYLOR:
13
Q.
Could you state your name for the record.
14
A.
My name is Martin E. O'Boyle. 0,
15
apostrophe,
B -O -Y -L -E.
16
Q.
Mr. O'Boyle, where do you reside?
17
A.
I'm sorry?
18
Q.
Where do you live?
19
A.
I live at 23 North Hidden Harbour, that's
20
with a
U, Drive, Gulf Stream, Florida 33483.
21
Q.
How long have you lived there?
22
A.
About 35 years.
23
Q.
And so you're a resident of the community
24
of Gulf
Stream?
25
A.
I'm sorry? I don't hear that well.
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
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1 Q. You are a resident of the community of
2 Gulf Stream?
3 A. I'm domiciled there, yes.
4 Q. Mr. O'Boyle, how often do you visit the
5 town hall in Gulf Stream?
6 MR. SWEETAPPLE: Object to the form. Time
7 period, please.
8 THE COURT: Time frame.
9 BY MR. TAYLOR:
10 Q. Okay. Let's say in the last two years,
11 how often have you visited Gulf Stream?
12 A. I'm guessing, but I would say about 25
13 times.
14 Q. And would you say that you are relatively
15 involved -- Strike that.
16 What offices have you run for in the Town
17 of Gulf Stream?
18 A. I'm sorry, I didn't catch that.
19 Q. What political offices have you run for in
20 the Town of Gulf Stream?
21 A. To my knowledge, there's st only one
22 office you can run for and that's for commissioner
23 and I ran for commissioner in 2014 of the first --
24 I think it was the first quarter. I think it was
25 in March.
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
1
Q.
March 2014. Okay.
2
January 21st was the date of this public
3
requests request. In December of 2013, how many
4
public
records requests did you make?
5
A.
I'm confused. What we're talking about is
6
January 21st, 2014?
7
Q.
Yes.
8
A.
And your question was?
9
Q.
In the month prior to that, so I would say
10
mostly
January 2014, but of course from December of
11
2014 --
2013, how many public records requests did
12
you make in that time period?
13
A.
Zero.
14
Q.
How about 30 days before that?
15
A.
You are talking about November now?
16
Q.
Correct.
17
A.
Zero.
18
Q.
30 days before that?
19
A.
October? Zero.
20
Q.
In the six months prior to that time
21
period,
how many public records requests did you
22
make?
23
A.
Zero.
24
Q.
So the requests you made in the incident
25
matter
on January 21st, why did you make that
Daughters Reporting, Inc.
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1 public records request?
2 A. I apologize, can you speak just a little
3 louder?
4 Q. You made the request on January 21st of
5 2014. Why did you make that request?
6 A. Well, my intentions were to run for
7 commissioner. In Gulf Stream, there had not been
8 an election in over 20 years. It was sort of a
9 dynasty that they were handing down and I wanted to
10 make sure that there was an election and I wanted
11 to start gathering information.
12 And when you walk into the City Hall, the
13 front door, there's a table, I'm going to say, five
14 to six-foot away, and on that table is a sign -in
15 sheet. And normally that sign -in sheet has one
16 name, two names, zero names. This one had a full
17 house. So I went into Ms. Taylor, Rita Taylor that
18 is, and I said, could I have a copy of this, and
19 she said, you have to make a written request. And
20 I said, but the copy machine is six-foot away. I
21 mean, won't you just give it to me? She said, you
22 have to make a written request. And I said, well,
23 why don't you let me just go over and make the
24 copy? And she said, you have to make a written
25 request. So I said okay, I'll make a written
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
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1 request, and I went back to my office and I think
2 about an hour later, maybe a little longer, I made
3 a written request.
4 Q. And was that request responded to your
5 written request?
6 A. Yes. A little odd. I made the request in
7 writing on the 21st, I'm going to say around
8 noon-ish and, again, it was one piece of paper with
9 a copy machine six-foot away or eight -foot away,
10 and I then got a letter that same day from the City
11 saying -- I don't recall exactly, but something
12 about three days, which frankly I don't know what
13 to say, I was embarrassed, I was disappointed,
14 surprised, because to make a copy, it would take
15 ten seconds than our letter writing campaign. And
16 then I got the documents, I think, another one or
17 two days later. I don't remember. Let's say the
18 documents. I got the sign -in sheet.
19 Q. Okay. And what reason did Ms. Taylor give
20 for making you make the request in writing?
21 A. She said you have to make the request in
22 writing. She didn't go -- she didn't elaborate.
23 Q. And based on her lack of elaboration, how
24 did that make you feel?
25 A. I run a business and it just made no sense
Daughters Reporting, Inc.
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1 to me that you can do something in ten seconds and
2 end it and instead stretch it over three days with
3 a series of letters. It just made no sense to me.
4 Q. And you had no public records request that
5 you had submitted to the Town pending at the time,
6 correct?
7 A. For the six months or more than six months
8 prior, that's correct.
9 MR. TAYLOR: No further questions.
10 THE WITNESS: Thank you.
11 MR. SWEETAPPLE: May it please the Court,
12 Your Honor.
13 THE COURT: Yes.
14 CROSS-EXAMINATION
15 BY MR. SWEETAPPLE:
16 Q. Good morning, Mr. O'Boyle.
17 You indicated that you expected that
18 Ms. Taylor could just go make that copy for you
19 immediately, right?
20 A. I expected that she could, yes.
21 Q. But, in fact, you are no stranger to
22 public records request. In fact, you have
23 extensive experience in making public records
24 requests and litigating public records requests,
25 don't you, Mr. O'Boyle?
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
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1 MR. TAYLOR: Objection; relevance, Your
2 Honor.
3 THE COURT: Sustained as to the time
9 frame.
5 BY MR. SWEETAPPLE:
6 Q. Well, from starting in at least 2007
7 you've been filing public records requests and
8 litigating over them, including in the state of New
9 Jersey, correct?
10 MR. TAYLOR: Objection, Your Honor,
11 relevance. I mean, 2007? We're talking about
12 a completely different state. And not only
13 that, Your Honor, his experience in making
19 public records requests is completely
15 irrelevant. He has no obligation to know the
16 laws, whether he's familiar with it or not is
17 completely irrelevant. He made a request.
18 THE COURT: The objection to the question
19 as phrased is sustained.
20 BY MR. SWEETAPPLE:
21 Q. In fact, in the past the courts in New
22 Jersey have found that you made 190 requests --
23 MR. TAYLOR: Objection, again, Your Honor.
29 THE COURT: Haven't gotten the question
25 yet, but I'll hear the objection once it's
Daughters Reporting, Inc.
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1 complete.
2 You may complete the question.
3 BY MR. SWEETAPPLE:
4 Q. The court in New Jersey found that you
5 made 190 requests on October 16, 17 and 30 and
6 October 31st, 2007, and then at one point, the
7 clerk of the town you live in in New Jersey, Long
8 Port, went to the emergency room because of the
9 stress she attributed to the flood of requests that
10 you made.
11 MR. SWEETAPPLE: Objection, Your Honor.
12 Again, it's not relevant. We're talking about
13 seven years ago. There's no proof whatsoever
14 of any link between Marty O'Boyle's request in
15 any supposed medical problem.
16 THE COURT: Objection sustained.
17 MR. SWEETAPPLE: Your Honor, this goes to
18 his motive in bringing the request.
19 MR. TAYLOR: Your Honor, motive is
20 irrelevant; state law. Mr. Sweetapple knows
21 it.
22 THE COURT: One second.
23 MR. SWEETAPPLE: His motive in testifying
24 that he made this oral request. It's our
25 position that is a fabrication and it's being
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
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1 done to make attorneys' fees for his son's law
2 firm and that he's very sophisticated in doing
3 this, and has been doing it for over a decade.
4 The plaintiff already brought out in
5 direct what was -- what was your feeling when
6 she said this, what did you expect, what kind
7 of interaction did you have.
8 Mr. O'Boyle is presenting it as if, oh, I
9 just walked in and first time I've dealt with
10 the clerk, I had no prior public records
11 requests that were pending.
12 MR. TAYLOR: Objection;
13 mischaracterization of his testimony.
14 Mr. O'Boyle never said that.
15 Again, Your Honor, I'll respectfully
16 submit that this is again --
17 THE COURT: The objection is sustained.
18 You may cross-examine that the plaintiff
19 did testify that he was surprised about the
20 response by Ms. Taylor, that the sign -in sheet
21 was on the table and five to six feet away
22 there was a copy machine, but we're going
23 back. That question is calling for going back
24 seven years to experiences in New Jersey, so
25 the objection is sustained.
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1 BY MR. SWEETAPPLE:
2 Q. Now, when you asked for -- when you
3 expected to be a copy to be made immediately, how
4 many times have you previously asked for records in
5 Gulf Stream and had them provided based on an oral
6 request?
7 A. Prior to that incident, I don't think
8 ever. After that incident, maybe a handful of
9 times.
10 Q. And they were provided to you?
11 A. I don't recall whether they were provided
12 to me or not. I know your client, Mr. Chandler, I
13 know he made a verbal --
14 MR. SWEETAPPLE: Excuse me. I'm going to
15 move to strike. There's no question about
16 Mr. Chandler, he's not my client.
17 THE COURT: The motion to strike is
18 granted.
19 BY MR. SWEETAPPLE:
20 Q. Now, how many lawsuits, how many total
21 public records requests have you made to the Town
22 of Gulf Stream in the past --
23 MR. TAYLOR: Objection, Your Honor.
24 BY MR. SWEETAPPLE:
25 Q. -- three years?
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2
3
4
5
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10
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12
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14
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MR. TAYLOR: Objection, Your Honor. I
mean, it's completely irrelevant.
THE COURT: The objection is sustained.
BY MR. SWEETAPPLE:
Q. How many times have you sued the Town of
Gulf Stream?
MR. TAYLOR:
irrelevant.
Objection, Your Honor,
MR. SWEETAPPLE: It goes to his motive,
Your Honor, in terms of his --
MR. TAYLOR: Again, Your Honor,
Mr. Sweetapple knows by now that motive is
irrelevant. He knows this and he continues on
this pattern.
MR. SWEETAPPLE: I'm not going to the
motive for filing the public records request.
The law gives me broad latitude in challenging
a plaintiff's motive for filing a lawsuit and
I can show he bears malice. I can show that
he's repeatedly filed lawsuits. I can show
that he's filed a thousand public records
requests out of malice, not the motive of this
particular request. It has to be --
THE COURT: It goes to believability of
witness. It's one of the factors that the
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1 Court considers in the Evidence Code,
2 Section 90, in the jury instruction.
3 You may ask the question. Objection is
4 overruled.
5 MR. SWEETAPPLE: Thank you, Your Honor.
6 BY MR. SWEETAPPLE:
7 Q. Mr. O'Boyle, in the last three years, how
8 many lawsuits have you filed against the Town of
9 Gulf Stream where your named as a plaintiff or one
10 of your entities?
11 A. I say 11 or less.
12 Q. 11 or less in the last three years?
13 A. Yes.
14 Q. Is that public records cases?
15 A. I believe so, yes.
16 Q. What about -- how many -- I want all
17 cases, your federal cases, your defamation cases,
18 all the cases you filed against Gulf Stream. How
19 many have you filed in the last three years?
20 A. Well, I have to think. I own a home. The
21 Town of Gulf Stream came in, they put underground
22 pipes on my property.
23 MR. SWEETAPPLE: Your Honor, I am going to
24 object. I want a number from the witness.
25 THE COURT: The objection is overruled.
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1 The witness is attempting to recollect the
2 lawsuits that don't fall under public records
3 lawsuits.
4 You may continue with your response,
5 Mr. O'Boyle.
6 THE WITNESS: Anyway, I own a property, 23
7 North Hidden Harbour Drive. The Town has an
8 underground -- they call it undergrounding
9 program where they are taking the, like,
10 telephone poles down and putting in
11 underground. I already have underground. I
12 paid for it myself and they went ahead and
13 they put pipes under my property and I asked
14 them to take it out. They wrote a letter
15 saying we'll take it out and they never took
16 it out, so we filed suit for them to take it
17 out.
18 BY MR. SWEETAPPLE:
19 Q. That's the only suit?
20 A. No, no, no, that's one. Another one when
21 I ran for --
22 Q. Let me ask this. Why don't you go
23 through, in your head, and count, if you can, the
24 number of times that you, in the last three years,
25 have either sued the Town of Gulf Stream, any of
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1 its lawyers, including Ms. O'Connor, Mr. Randolph
2 from Jones Foster, me, the mayor, the chief of
3 police, the town manager.
4 Please tell the Court how many times -- go
5 through and see if you can count in your head,
6 without reciting these, how many times in the last
7 three years in state and federal court you have
8 sued either the Town of Gulf Stream or one of its
9 employees or attorneys?
10 A. I would have to walk through.
11 Q. Do you need a piece of paper to do that?
12 A. Well, it certainly would help.
13 Q. Why don't I give you a piece of paper.
14 MR. SWEETAPPLE: We're going to ask the
15 Court to take judicial notice.
16 BY MR. SWEETAPPLE:
17 Q. I just want to know if you know, if your
18 recollection is that good.
19 MR. SWEETAPPLE: May I approach, Judge?
20 THE COURT: Yes.
21 BY MR. SWEETAPPLE:
22 Q. Please see if you can total --
23 THE COURT: What is the response to the --
24 well, what is the response to the request to
25 take judicial notice?
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1 MR. TAYLOR: Well, first I need -- what
2 is --
3 THE COURT: Mr. Sweetapple, I'm not sure
4 what --
5 MR. SWEETAPPLE: I'm trying to ascertain
6 the witness's recollection. I believe he's
7 filed two --
8 MR. TAYLOR: Your Honor, he was doing fine
9 until he was interrupted.
10 THE COURT: One second. So the request
11 for judicial notice --
12 MR. SWEETAPPLE: I didn't make a request
13 for judicial notice.
14 THE COURT: Well, that's what -- I heard
15 the words request for judicial notice.
16 MR. SWEETAPPLE: No. I said -- no, what I
17 said is I asked the witness to please
18 without --
19 THE COURT: So no request for judicial
20 notice?
21 MR. SWEETAPPLE: -- without going through
22 all of these cases -- I'll rephrase the
23 question.
24 BY MR. SWEETAPPLE:
25 Q. Mr. O'Boyle --
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1 THE COURT: You may use the -- I
2 understand.
3 The witness may use the piece of paper to
4 make hash marks as to the times that he has --
5 MR. TAYLOR: I guess --
6 THE COURT: He's using it to recollect the
7 number of cases that the witness has filed
8 against the Town of Gulf Stream or officials
9 or attorneys.
10 MR. TAYLOR: And this is just for, I would
11 assume --
12 THE COURT: I'm not going to see the piece
13 of paper. He's just using it as an aid to be
14 able to respond to the question. That's the
15 sole purpose of the piece of paper being
16 provided to the witness.
17 MR. TAYLOR: Okay.
18 THE COURT: And there is no request for
19 judicial notice, so the record is clear.
20 MR. SWEETAPPLE: And I stand corrected,
21 Your Honor. What I had said was please be
22 careful, I'm going to be asking the Court to
23 take judicial notice of these cases. So
24 please tally it as correct as you can.
25 Because I want to see if he comes up with
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1 anywhere close to the number of cases he's
2 actually filed, which will go to his
3 credibility.
4 BY MR. SWEETAPPLE:
5 Q. So I'm asking the witness to please tell
6 the Court, in addition to the 11 or less public
7 records request cases that he's filed against the
8 Town of Gulf Stream, to please total, as best you
9 can, the number of lawsuits you filed in state and
10 federal court in the last three years against the
11 Town, its mayor, its chief of police, its city
12 manager, Ms. O'Connor, Skip Randolph, the town
13 attorney, me. Please tell the Court how many such
14 cases you filed in the last three years,
15 Mr. O'Boyle.
16 A. Well, the next case --
17 Q. Without going through -- I don't want --
18 MR. TAYLOR: Your Honor, he's --
19 MR. SWEETAPPLE: I want a number.
20 MR. TAYLOR: He cannot tell my witness how
21 to answer his question.
22 THE COURT: Correct.
23 You may proceed to answer in that fashion.
24 I just want to let everybody be reminded that
25 right now it's 11 past 11. So you are
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1 scheduled for two hours and if we don't
2 conclude at 12 noon, we could, depends on your
3 schedule because you were noticed to be here
4 for two hour time, I want to make sure that I
5 have time this afternoon. So if we don't
6 finish by 12 noon, we'll take a lunch break,
7 and then we can, depending on everyone's
8 schedules, resume at 1 o'clock and go forward.
9 Okay?
10 So, Mr. O'Boyle, you may, if that's the
11 best way that you can, in terms of
12 recollecting, you may respond in the fashion
13 that you are responding. That's fine.
14 THE WITNESS: Thank you, Your Honor.
15 The next case was what we called the sign
16 case and that is when I ran for commissioner.
17 MR. SWEETAPPLE: Your Honor, I'm going to
18 move to strike. I've asked him for a number.
19 THE COURT: He's just remembering in terms
20 of -- this is how this witness is able to
21 respond to the question.
22 MR. SWEETAPPLE: I'm asking that he do
23 that to himself and then on the piece of
24 paper --
25 MR. TAYLOR: Your Honor, again, he has no
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1 authority to tell my client how he can best
2 answer this question.
3 THE COURT: The objection is -- I'm ruling
4 on this issue as I ruled before. The
5 objection by plaintiff to the manner in which
6 the objection by defense, the manner in which
7 the plaintiff is responding to the question is
8 overruled.
9 So this is a sign case. You may move onto
10 the next case that you can recall,
11 Mr. O'Boyle.
12 THE WITNESS: So you want me to say
13 anything more about that?
14 THE COURT: It's a case about a sign.
15 That's fine. And then you don't need to tell
16 the Court anything further about it. That's
17 fine. What's the next one?
18 THE WITNESS: There was another sign case.
19 THE COURT: Okay.
20 THE WITNESS: And that one was in federal
21 court.
22 BY MR. SWEETAPPLE:
23 Q. Next case, please.
24 A. Okay. We sued here for defamation.
25 Q. That was dismissed, right?
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1 A. No. No.
2 Q. Didn't you dismiss that case?
3 A. We refiled it.
4 Q. But you dismissed it?
5 A. No, we refiled it.
6 Q. When did you refile it?
7 A. A week or two ago.
8 Q. Okay. All right. How many times have you
9 sued me or my firm?
10 A. Pardon?
11 Q. How many times have you sued me or my law
12 firm? You don't remember?
13 A. Well, it's kind of hard sitting up here.
14 I'm trying to remember.
15 Q. Okay. Well, forget about the four cases
16 you brought against me. Let's see if you remember
17 O'Connor. How many times have you sued Jones
18 Foster, Ms. O'Connor or the town attorney, Skip
19 Randolph?
20 A. I don't think I sued the town attorney
21 Skip Randolph ever.
22 Q. You don't remember that you sued
23 Mr. Randolph for a sunshine violation two years
24 ago, still pending?
25 A. Well, the answer is no, I don't remember
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1 it, but I know there was a sunshine violation.
2 Whether I was the plaintiff or the complainer or
3 whatever, I just don't remember.
4
Q.
Well, you are the named plaintiff in that
5
case.
Do you remember who your attorney was in
6
that case?
7
A.
I don't.
8
Q.
You don't remember it was Mr. Ring who
9
practices
with your son at the O'Boyle Law Firm?
10
A.
I don't.
11
Q.
Okay. And do you remember who the
12
defendants
were in that case?
13
A.
Well, you said Mr. Randolph, so I guess
14
it's Mr.
Randolph.
15
Q.
Anybody else you remember?
16
A.
No. The sunshine violation and that's
17
what I
remember and my understanding of the
18
sunshine
violation is that you can't have two or
19
more commissioners,
like, together. I don't
20
profess
to understand the subtleties.
21
Q.
Who did you sue in that case?
22
A.
I just answered you the best I could.
23
Q.
You don't remember that you sued Mayor
24
Morgan
in that case?
25
A.
I don't.
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1 Q. Do you remember you sued Joanne O'Connor
2 in that case?
3 A. I think we did but, no, the answer is I do
4 not know for sure.
5 Q. Do you remember you sued me in that case?
6 A. No, I don't. I don't recall.
7 Q. And so what other cases can you remember
8 besides two sign cases and the defamation case
9 against me that you brought?
10 A. Are you including records cases?
11 Q. No. On the 11 or less records cases that
12 we're going to be asking the Court to take judicial
13 notice of, I'm asking you how many other cases?
14 What's the best number you can tell me where you or
15 your entities have sued the Town or its agents?
16 MR. TAYLOR: Objection, Your Honor; asked
17 and answered.
18 THE COURT: Overruled.
19 THE WITNESS: I'm sorry, Your Honor?
20 THE COURT: Overruled. That means you may
21 answer the question.
22 THE WITNESS: Okay. As I sit here, if I
23 think of another one, I'll let you know, but
24 as I sit here right now, I can't think of
25 another one.
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1 BY MR. SWEETAPPLE:
2 Q. So how good is your memory, Mr. O'Boyle?
3 A. For a 64 -year-old man, I would say that
4 it's probably what it should be.
5 Q. Well, you have a psychiatrist who in the
6 past has written letters --
7 MR. TAYLOR: Objection, Your Honor.
8 BY MR. SWEETAPPLE:
9 Q. -- that you should not be involved in
10 litigation because of your mental capacity, right?
11 THE COURT: Excuse me. The objection?
12 MR. TAYLOR: Your Honor, I object. That's
13 privileged information between him and the
14 psychologist.
15 MR. O'BOYLE: And I would also object,
16 Your Honor. Mr. Sweetapple is in possession
17 of a psychiatrist's report while I was counsel
18 of record in New Jersey where that report was
19 ordered sealed by Judge Higbee (ph) and the
20 court order as well, and he's been flaunting
21 it around these Florida courts.
22 It's a clear violation of New Jersey law.
23 I have no idea how he got that report, but he
24 want to ask about a psychiatrist's report
25 about a medical privilege.
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1 MR. SWEETAPPLE: That record is a public
2 record, Your Honor.
3 MR. O'BOYLE: It is not.
4 MR. TAYLOR: It is not a public record.
5 MR. SWEETAPPLE: It's been provided and
6 filed in a court proceeding.
7 THE COURT: The court reporter can only
8 take down one voice at one time.
9 All right. So how is a psychologist --
10 MR. SWEETAPPLE: Let me rephrase it.
11 BY MR. SWEETAPPLE:
12 Q. Have you ever been diagnosed with having
13 any impairment?
14 MR. TAYLOR: Objection, Your Honor.
15 THE COURT: One second. All right.
16 Rephrase. State the question again and then
17 if there's an objection, wait for the question
18 to be complete so I can have the benefit of
19 the full question, thank you, and the court
20 reporter.
21 BY MR. SWEETAPPLE:
22 Q. Have you ever requested that a court
23 excuse you from participating in a case because of
24 your mental condition?
25 A. No.
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1 Q. Have you ever asked the court to delay
2 your deposition or proceeding because a
3 psychiatrist had indicated you were not fit to
4 participate in the case?
5 MR. O'BOYLE: I'm going to object. He's
6 talking about a diagnosis or a communication
7 with a psychiatrist which is clearly
8 privileged under Chapter 90 of the Evidence
9 Code, Your Honor.
10 THE COURT: The objection is overruled in
11 terms of how the question is phrased.
12 The question is calling for the witness to
13 respond yes or no, whether the witness has
14 informed the court that there was this
15 diagnosis to obtain certain relief.
16 So the question, as phrased, may be
17 responded to.
18 THE WITNESS: Will you be kind enough to
19 ask it again?
20 MR. SWEETAPPLE: Please read the question
21 back for Mr. O'Boyle.
22 (The question referred to was read by the
23 reporter as above recorded.)
24 THE WITNESS: No.
25 BY MR. SWEETAPPLE:
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1 Q. So you've never filed with the court in
2 New Jersey -- have you ever filed with the court in
3 New Jersey a psychiatric letter concerning you?
4 A. I don't know. Not to my knowledge, and if
5 anything -- no, not to my knowledge.
6 MR. SWEETAPPLE: Your Honor, in the
7 judicial notice documents pending in Florida,
8 I'll be directing the Court to that
9 information.
10 BY MR. SWEETAPPLE:
11 Q. Now, with regard to this complaint you
12 filed, Exhibit 1 in the notebook, you filed a
13 verified complaint. How many days after you
14 submitted the written request, that's Exhibit 1,
15 Mr. O'Boyle?
16 A. One and a half.
17 Q. And so your recollection of what had
18 occurred on the date in question would have been
19 better on January 22nd than it is today, right?
20 A. I'm sorry. Can you say that again?
21 Q. Your recollection of the events that you
22 swore to on January 22nd, would it be better than
23 your recollection of those events as of today?
24 A. I would say probably about the same,
25 because it was such an oddball event.
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1 Q. So then tell me, without looking at the
2 verified complaint that you filed on January 21st,
3 did you make any mention in that complaint to any
4 oral request?
5 A. To any what?
6 Q. Oral or verbal public records request.
7 A. I would have to look at the complaint.
8 Q. You don't remember without looking at it?
9 A. I didn't memorize the complaint,
10 Mr. Sweetapple. It's two and a half years old.
11 Q. Well, it was important to you, wasn't it,
12 two days after this event, you told the Court it
13 was important to you that Ms. Taylor had not
14 honored immediately your request to give you a copy
15 of the sign -in sheet, right?
16 A. No, that's not what I said at all. You
17 are making up words.
18 Q. Well, you had an emotional reaction to the
19 fact she didn't do it, right?
20 A. No, I don't think it was an emotional
21 reaction, but you may call it an emotional
22 reaction. I was shocked, appalled, disappointed,
23 couldn't understand it.
24 Q. So were you suing -- were you filing suit
25 because she refused your request for a verbal --
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1 your verbal request for a document?
2 A. I went back and I told the lawyers in
3 disbelief what happened and they filed suit.
4 Q. And you now have told me what you told
5 your lawyers in disbelief, so you are telling me
6 your privileged communication. You told them that
7 you were -- your verbal request was denied?
8 A. Well, I don't remember exactly what I told
9 them but, generally stated, yes.
10 Q. So you were filing suit two days after not
11 because you hadn't gotten a response to the written
12 request, you were filing suit because you hadn't
13 gotten response to the verbal request; is that
14 correct?
15 A. No, it is not.
16 Q. Were you filing suit on January 22nd
17 because you didn't get a response to a verbal
18 request, or were you filing suit because you didn't
19 get response to your written request of the same
20 day?
21 A. I believe it was both.
22 Q. Both. Okay.
23 Now, why don't you take a look at the
24 verified complaint and tell the Court why there
25 isn't one word that mentions the verbal request in
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1 the entire pleading.
2 A. With all due respect, I think that's a
3 legal question that I can't answer, but I'll look
4 for the actual word, if you like.
5 Q. Do you see in this complaint that you only
6 sued with regard to a written request?
7 A. No, I don't see that.
8 Q. It says factual background, paragraph 16
9 on Page 4. On January 21, 2014, Martin E. O'Boyle
10 submitted a public records request via email to the
11 defendant. Specifically, Mr. O'Boyle sought to
12 obtain, and then it lists the sign -in sheet. Then
13 it talks about how you got the letter saying you'd
14 hear in three days. And then you filed suit the
15 day after getting the letter saying that in three
16 days you'll get a response.
17 So do you recognize that this incident you
18 had with the verbal request that was so offensive
19 to you, that you communicated to your lawyers, you
20 say, that urged you to file a lawsuit immediately,
21 isn't even mentioned in the complaint, you sue for
22 your ninth written request that you'd submitted on
23 the 21st.
24 A. Do we have a question coming up?
25 Q. Yes. I'll rephrase it for you.
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1 A. Thank you.
2 Q. Do you acknowledge that when you filed
3 this lawsuit on the 22nd of January, a day after
4 getting a letter from the Town, that you sued to
5 enforce a written request?
6 A. Among -- not singularly, but, yes.
7 Q. Well, that's the only request you make
8 reference to in the general allegations, isn't it?
9 A. That's what you say.
10 Q. Well, no, that's what you say through your
11 lawyer and you swore to it. Take a look at general
12 allegations.
13 Is there any other request that you swear
14 to on January 22nd, other than this request?
15 A. I would have to read this, Mr. Sweetapple.
16 I think it's very, very unfair for you to give me
17 something almost three years and ask me to memorize
18 it or ask me to sit up here and to try to read it
19 and absorb it and analyze it. I just can't do it.
20 I don't have the mind to do it. However, if you
21 want, if we're going to take a lunch break, or
22 whatever, I'll be glad to read it over lunch and
23 I'll be glad to respond to you. But to my
24 knowledge, this deals with both of them and the
25 amended complaint deals with clarity.
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1 Q. So your recollection is that when you
2 filed this lawsuit on January 22nd, it was about a
3 verbal request?
4 A. You are putting words in my mouth all the
5 time and I really wish you wouldn't.
6 Q. Do you remember, do you have a
7 recollection that when the lawsuit was filed on
8 January 22nd it concerned a verbal request for the
9 sign -in sheet?
10 A. As I said to you already, I'll say it
11 again and, that is, among others, among other or
12 more than one, yes.
13 Q. So the answer is yes, you believe that is
14 part of the lawsuit that was filed on the 22nd?
15 A. I believe that it was a component, yes, of
16 the lawsuit. Yes, sir.
17 Q. And the reason you filed the lawsuit was
18 because of this alleged verbal request, right?
19 MR. TAYLOR: Objection, Your Honor, asked
20 and answered.
21 THE COURT: Overruled.
22 THE WITNESS: I don't know how many times
23 I have to answer this.
24 BY MR. SWEETAPPLE:
25 Q. Were you filing -- did you expect a
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1 response to the written request in one day?
2 A. I expected a response to the verbal
3 request immediately. That's what I expected. And
4 I thought that the -- Ms. Taylor was asking for the
5 written request as solely a formality, but that
6 wasn't the case when I got the letter that said
7 we're going to give you a response to that one page
8 that you've asked for where the copy machine is
9 six-foot away. We're going to give you a response.
10 We're going to evaluate it for three days and then
11 give you a response sometime in the future. That's
12 why.
13 Q. Well, the letter that you received -- why
14 don't you turn to Page 7.
15 The letter you received made it clear that
16 if your request was received in writing, then the
17 first page of that request is attached to this
18 cover letter. If your request was verbal, then the
19 description of your public records request is set
20 forth in the space below. There was nothing set
21 forth in the space below on Exhibit 7, the
22 January 21, 2014, letter from the Town, was there?
23 A. I have no idea what you are reading. Why
24 don't you read right from the document, then I can
25 follow you.
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1
Q.
Are you on Exhibit 7 in the notebook?
2
A.
There is no Exhibit 7 on the section one,
3
but I have the document dated January 21st.
4
Q.
Can you turn to Tab 7 in the binder,
5
please,
that's in evidence, Mr. O'Boyle?
6
A.
Sure.
7
Q.
You did receive Exhibit 7, right?
8
A.
Pardon?
9
Q.
You did receive Exhibit 7?
10
A.
As soon as I find it, I will let you know.
11
The answer is yes, I did, sir.
12
Q.
And the letter said; "if your request was
13
received
in writing, then the first page of that
14
request
is attached to this cover letter. If your
15
request
was verbal, then the description of your
16
public records
request is set forth in the space
17
below."
18
Nothing was set forth in the space below
19
on the January
21, 2014 letter, was it?
20
A.
Yes, it was attached to -- it was a
21
request,
a written request.
22
Q.
So it was not set out down below as a
23
verbal request,
it was attached as a written
24
request,
right?
25
A.
It was attached as a written request, yes.
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
71
1 Q. Did you ever respond to this letter and
2 say, oh, I made a verbal request, not a written
3 request?
4 A. Ms. Taylor knew I made the verbal request.
5 She asked me to make a written request. I made the
6 written request. It seems to me foolhardy to go
7 back and say, by the way, do you want a verbal
8 request. I did what I thought was appropriate and
9 that is to ask her to make a copy from the machine
10 that was six-foot away and when she asked me to
11 submit it in writing, I did what she requested and
12 then she wrote me this letter which says our staff
13 will review your request for the one-page that we
14 could have copied within ten seconds at six-foot
15 away within the next three business days and we
16 will promptly send you the appropriate response or
17 an estimated cost.
18 So they wanted three days to respond and
19 then, after that, you don't know what you are up
20 against.
21 Q. So your concern was that this was going to
22 take three days?
23 A. No, my concern was it was going to take
24 longer than three days because that's what the
25 words say.
Daughters Reporting, Inc.
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1
Q.
And this complaint was filed by the
2
O'Boyle
Law Firm on January 22nd through Ryan
3
Witmer,
right?
4
A.
I didn't look at that, but if you say it
5
was.
6
Q.
Why don't you look at Exhibit 1.
7
A.
I can do that.
8
Q.
Okay. And this --
9
A.
Yes, Ryan L. Witmer.
10
Q.
And the address, 1280 Newport Center Drive
11
is where
your business is located, right?
12
A.
Are we dealing with this? Because where
13
Ryan Witmer's
name is, the address, it's not 1280.
14
You are
making that up.
15
Q.
All right. I understand. 1286.
16
A.
As long as you know you are making things
17
up.
18
Q.
I am looking at the cover letter to Norma
19
S. Leena
that was filed by Jonathan R. O'Boyle
20
where he
says the address of his new law firm in
21
Florida
is 1280 --
22
MR. TAYLOR: Objection, Your Honor.
23
MR. SWEETAPPLE: Let me just show you.
24
MR. TAYLOR: Objection, Your Honor.
25
MR. SWEETAPPLE: Let me rephrase it.
Daughters Reporting, Inc.
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1 THE COURT: All right. The question is
2 withdrawn. We'll start the next question.
3 BY MR. SWEETAPPLE:
4 Q. The address on the complaint is 1286, but
5 in fact, your son didn't form as a Florida entity,
6 because he was only licensed out of state, he
7 didn't form the O'Boyle Law Firm recognized by the
8 state until February 10, 2014, right?
9 MR. TAYLOR: Objection.
10 MR. SWEETAPPLE: Let me show you this.
11 MR. TAYLOR: Objection.
12 THE COURT: Let me hear the objection, the
13 legal grounds and then I'll rule.
14 Legal grounds?
15 MR. TAYLOR: Objection, Your Honor.
16 Essentially, number one, it's irrelevant.
17 He's asking Mr. O'Boyle about a firm that
18 filed a suit for him. Number two, also it
19 seems where he's going is he's trying to prove
20 some type of allegation of unlicensed practice
21 of law, which, number one, this Court does not
22 have the authority to rule on. Number two,
23 that allegation has been flushed out and it's
24 completely -- it's been taken care of.
25 This is a pattern that the Town does and
Daughters Reporting, Inc.
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74
1 that Mr. Sweetapple does. The issue here is
2 whether a public records request was made and
3 whether the Town levied illegal or placed upon
4 an illegal request in order for it to be -- in
5 order for them to basically not provide him
6 the records. Do it illegally.
7 This entire line of questioning regarding
8 the firm, I would argue, is completely
9 irrelevant and meant to confuse the Court.
10 MR. SWEETAPPLE: Your Honor, I intend to
11 show through a pattern of official
12 publications of the Florida Bar regarding the
13 public records shakedown scam that was run by
14 Mr. O'Boyle and his son and through corporate
15 records and other records that the desire to
16 make money from filing public records request,
17 the motivation was so strong --
18 THE COURT: That's a different line of
19 inquiry.
20 MR. SWEETAPPLE: I'm tying it up. I'm
21 going to show that they filed this, that he
22 had his son form the law firm and I have a
23 memo from him that has been produced in
24 federal litigation to his lawyer where he did
25 attach contingency cases for his son to go
Daughters Reporting, Inc.
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75
1 around the state to generate --
2 MR. TAYLOR: Your Honor, that's a
3 mischaracterization. There's no evidence that
4 he --
5 MR. O'BOYLE: May I approach?
6 THE COURT: Wait. Let's set forth some
7 ground rules. Number one, one voice at one
8 time. Next, one attorney objecting. We're
9 not going to have double teaming. That goes
10 for both sides.
11 So the objection -- the question pending
12 has to do with an address and the firm and
13 when did the firm become a corporate entity in
14 the state.
15 The objection is sustained as to when did
16 the firm become a corporate entity in the
17 state. But you may inquire as to the
18 relationship between the firm's address and
19 Mr. O'Boyle's business address during that
20 time frame that the request was made.
21 MR. SWEETAPPLE: Your Honor, I'm going to
22 ask that the Court take judicial notice of the
23 corporate filings for the O'Boyle Law Firm
24 showing that it was filed with the Secretary
25 of State on February 10th, 2014, which is
Daughters Reporting, Inc.
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76
1 approximately 20 days after the law firm filed
2 this complaint.
3 MR. TAYLOR: Your Honor, I would object to
4 that. Again, it's completely, utterly
5 irrelevant.
6 THE COURT: Well, listen, the judicial
7 notice of an uncertified copy of a record from
8 the Department of State, is that what you are
9 asking the Court to take judicial notice of?
10 MR. SWEETAPPLE: I will provide you with a
11 certified copy of it.
12 THE COURT: I just want to --
13 MR. SWEETAPPLE: I'll give the Court a
14 certified copy.
15 MR. TAYLOR: This is what Mr. Sweetapple
16 handed me. Again, I will submit, Your Honor,
17 that it's completely irrelevant. It has
18 nothing to do with whether my client, Marty
19 O'Boyle, made a public records request. It's
20 hearsay, number two. And, number three,
21 again, the person who signed this complaint,
22 Ryan Witmer, was a Florida licensed attorney
23 who had the power to do what he actually did
24 was he went to school, is to file lawsuits.
25 MR. SWEETAPPLE: That's not the purpose of
Daughters Reporting, Inc.
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1 my question, Your Honor.
2 MR. TAYLOR: What is the purpose of your
3 question, sir?
4 MR. SWEETAPPLE: I'm trying to establish
5 that this witness had a financial obligation
6 to put money in his son's pocket by filing
7 these public records request and litigation as
8 he's been doing for a decade and he couldn't
9 even wait until the law firm was organized to
10 file the complaint.
11 MR. TAYLOR: Again, Your Honor --
12 MR. SWEETAPPLE: That's how anxious they
13 were.
14 THE COURT: I'm ready to rule on the
15 request to take judicial notice is denied.
16 Next question.
17 BY MR. SWEETAPPLE:
18 Q. Okay. And you have been the subject of
19 reporting by the Florida Bar in their official
20 publication, the Florida Bar News, regarding a new
21 scam, public records shakedown, haven't you?
22 MR. O'BOYLE: Your Honor, objection. This
23 is not probative. This is not --
24 MR. SWEETAPPLE: Your Honor, how many
25 lawyers --
Daughters Reporting, Inc.
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1 MR. O'BOYLE: This is prejudicial. This
2 is irrelevant.
3 He's talking about a Florida Bar article
4 which is unauthenticated and, moreover, I
5 mean, what does that have to do with to prove
6 whether the Town --
7 THE COURT: Either Mr. Taylor -- right.
8 No double teeming.
9 MR. O'BOYLE: I apologize.
10 THE COURT: Otherwise, Ms. O'Connor and
11 Mr. Sweetapple will be getting up and so we
12 just need to follow court rules.
13 All right. Disclosure. I read the
14 Florida Bar news. I read the Florida Bar
15 journal magazine. I may have read that
16 article. I don't have a recollection --
17 independent recollection of reading it. It
18 sounds familiar. I do read the periodicals
19 that come in from the Florida Bar, along with
20 a number of other association periodical,
21 everything from criminal defense to insurance
22 defense.
23 The objection is sustained. You may move
24 on to the next question.
25 BY MR. SWEETAPPLE:
Daughters Reporting, Inc.
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1 Q. You are aware that -- and the lawyer that
2 represents you in your public records case is your
3 son's law firm, right?
4 A. In certain of them.
5 Q. And you also were instrumental in forming
6 an alleged not-for-profit by the name of Citizens
7 Awareness Foundation --
8 MR. TAYLOR: Objection, Your Honor,
9 irrelevant. Citizens Awareness Foundation has
10 nothing whatsoever to do with this case.
11 THE COURT: Sustained.
12 MR. SWEETAPPLE: Your Honor, just for
13 proffer, I'm trying to show his financial
14 motivation in bringing this litigation to
15 enrich his son.
16 THE COURT: That's a different entity.
17 Sustained.
18 MR. SWEETAPPLE: But, Your Honor, I'll
19 proffer that I can show through public
20 records, including a memo, between he and his
21 lawyer which I'm moving onto --
22 MR. TAYLOR: Your Honor, this has already
23 been -- these same arguments that the Town and
24 Mr. Sweetapple are making have already been
25 disposed of in this very court as well as
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
M
1 federal court. Again, Mr. Sweetapple is just
2 simply doing this to tar and feather my client
3 in and distract this court from the facts of
4 this court.
5 THE COURT: The court is focused on the
6 core issues as defined in the pretrial stip
7 and the opening statements. So, we'll move on
8 to the next question.
9 Sustained.
10 BY MR. SWEETAPPLE:
11 Q. And you've flown banners attacking the
12 town manager --
13 MR. TAYLOR: Your Honor, objection,
14 irrelevant.
15 MR. SWEETAPPLE: It goes to his -- Your
16 Honor, I'm showing his maliciousness, his
17 motive.
18 MR. TAYLOR: Again, he mentions
19 motivation. It's irrelevant, per law.
20 MR. SWEETAPPLE: But this does not have to
21 do with the issue of his motive for filing --
22 THE COURT: Time frame.
23 MR. SWEETAPPLE: -- requests, it has to do
24 with his motivation for filing the lawsuit,
25 which is a separate issue.
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
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1 THE COURT: What's the time frame of the
2 banner?
3 MR. SWEETAPPLE: The last two years.
4 During this -- while this was pending, he's
5 flying banners, "Mayor Morgan is a big pussy."
6 Let's see what else we have.
7 MR. TAYLOR: First of all, Your Honor,
8 he's testifying, number one. Number two, this
9 is completely irrelevant.
10 MR. SWEETAPPLE: Mr. O'Boyle admitted this
11 in depositions and, Your Honor, this goes to
12 his credibility.
13 THE COURT: The objection is sustained.
14 MR. SWEETAPPLE: At the conclusion, I'll
15 just ask to make a proffer of these matters.
16 THE COURT: That's fine.
17 BY MR. SWEETAPPLE:
18 Q. Turn to Exhibit 2, please, Mr. O'Boyle.
19 This is the log of the request kept by the
20 Town. Did you understand that when a public
21 records request came in, whether it was oral or in
22 writing, that the Town was logging them?
23 A. No.
24 Q. And do you know how many public records
25 requests you have made that are in the Town's log
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
MR
1 from January 2014 to the present?
2 A. No.
3 MR. TAYLOR: Object.
4 BY MR. SWEETAPPLE:
5 Q. Have you made more than 800 public records
6 requests?
7 MR. TAYLOR: Objection, Your Honor,
8 irrelevant. Time frame.
9 THE COURT: Time frame?
10 BY MR. SWEETAPPLE:
11 Q. From January to today. January 2014 to
12 today.
13 MR. TAYLOR: Objection, Your Honor. It's
14 still irrelevant as to the request made
15 January 21st, 2014.
16 MR. SWEETAPPLE: It goes to his
17 credibility. I want to know his recollection.
18 He's trying to tell us --
19 THE COURT: The objection is overruled.
20 He may answer the question.
21 THE WITNESS: I'm sorry, Judge, I didn't
22 hear.
23 THE COURT: The objection is overruled, so
24 you may answer this question.
25 THE WITNESS: Okay. Can you ask it again,
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
z
1 please?
2
MR. SWEETAPPLE:
Yes, sir.
3 BY MR.
SWEETAPPLE:
4 Q.
How many public
records requests do you
5 recall
having made between
January 2014 and today,
6 just to
the Town of Gulf
Stream, Florida?
7 A.
I can't answer
you, but it's a substantial
8 number.
9 Q. More than 800?
10 A. I don't think so.
11 Q. And do you recall what the most, the
12 largest number of requests you've submitted in one
13 day is?
14 MR. TAYLOR: Objection, Your Honor,
15 relevance.
16 THE COURT: Overruled.
17 You may answer.
18 THE WITNESS: It's a tough answer to
19 question -- it's a tough question to answer
20 and here is why. I could submit, ask for all
21 of your emails for 60 days and make 60
22 separate and distinct requests for those 60
23 days, one for each day. Or, I could make a
24 request for all 60 days. One request.
25 So, the number is not really what it
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
M1
1 appears to be. I don't know how many that I
2 made during the daily days. When I do it that
3 way, I get responses usually much quicker.
4 When I do it in bulk, it takes a while and I
5 will say this, as you know, Mr. Sweetapple,
6 apple, I've been waiting over six months for
7 some of these requests to be fulfilled.
8 BY MR. SWEETAPPLE:
9 Q. What was the answer to my question in
10 terms of the largest number that you've ever filed
11 in one day, Mr. O'Boyle? I didn't hear that.
12 A. I can't answer you.
13 Q. Have you ever filed more than 30 requests
14 in a day?
15 A. Maybe.
16 Q. Have you ever filed more than 40 requests
17 in day?
18 A. I'm not going to play a guessing game. I
19 would be guessing to say it.
20 Q. Have you ever spent the weekend preparing
21 over 50 requests and filed them on a Monday by fax?
22 A. I don't think so. I don't think so, no.
23 Q. Are you familiar with the term that
24 Mr. Chandler used to your earlier attorney,
25 Mr. Witmer, in an email about filing cases that
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
M
1 have nearly perfect facts, public records basis,
2 and are what he refers to as a triple A or kill
3 shot?
4 MR. TAYLOR: Objection, Your Honor. He's
5 referring to an email.
6 MR. SWEETAPPLE: Let me rephrase it.
7 BY MR. SWEETAPPLE:
8 Q. Have you ever heard Mr. Witmer use the
9 term a kill shot with regard to public records
10 requests and lawsuits?
11 A. I think that's a privilege, but the answer
12 -- I'll answer it anyway. The answer is no.
13 Q. Let me show you this email that's dated
14 January 14, 2000 --
15 MR. TAYLOR: Again, Your Honor --
16 THE COURT: I haven't heard the whole
17 question yet, then wait a moment, there may be
18 an objection.
19 What is the question?
20 BY MR. SWEETAPPLE:
21 Q. And it's from Joel Chandler to Ryan
22 Witmer. It's dated January 15, 2014, which was a
23 week before this lawsuit was filed and read the
24 paragraph --
25 THE COURT: Well, if the document is not
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
1 in evidence --
2 MR. SWEETAPPLE: No, I just want to
3 refresh his recollection.
4 THE COURT: Okay. That's fine.
5 MR. TAYLOR: Your Honor, if Mr. Witmer was
6 Mr. Joel Chandler's attorney, that very well
7 may be privileged information.
8 THE COURT: We'll get to it when he sees a
9 copy of what was provided to the witness. But
10 the witness is not going to testify as to the
11 content, but solely as using the document to
12 refresh recollection.
13 MR. SWEETAPPLE: And they know that
14 Mr. Chandler waived lawyer/client privilege
15 and provided all these documents when he left,
16 so there's no more foundation, there's no
17 privilege here.
18 BY MR. SWEETAPPLE:
19 Q. Mr. O'Boyle, have you ever seen that email
20 to your attorney from Mr. Chandler in the past?
21 A. I have not.
22 Q. Have you ever seen the word kill shot used
23 by the O'Boyle Law Firm?
24 A. No, I've seen it used by Mr. Chandler
25 only. That's the only time I've ever heard it.
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
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1
Q.
You heard it by Mr. Chandler?
2
A.
Yes.
3
Q.
Mr. Chandler is someone you gave money to
4
go
make public records requests, right?
5
MR. TAYLOR: Objection; relevance.
6
THE COURT: Sustained.
7
BY
MR.
SWEETAPPLE:
8
Q.
Have you ever employed Mr. Chandler?
9
MR. TAYLOR: Objection, Your Honor,
10
relevance.
11
THE COURT: Overruled.
12
You may answer.
13
THE WITNESS: I'm sorry, what was the
14
question?
15
BY
MR.
SWEETAPPLE:
16
Q.
Have you ever employed Mr. Chandler?
17
A.
No.
18
Q.
Have you ever given Mr. Chandler your
19
credit
card to use to make charges?
20
MR. TAYLOR: Objection, Your Honor,
21
irrelevant.
22
THE COURT: Sustained.
23
BY
MR.
SWEETAPPLE:
24
Q.
Have you ever paid Mr. Chandler's salary
25
or
benefits while he --
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
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1 MR. TAYLOR: Objection.
2 THE COURT: This will be the -- I'm not
3 sure how many times I've instructed, but what
4 we need -- we need to have -- the witness is
5 going to pause before he's going to answer any
6 questions. We need to have the question fully
7 stated so the court reporter can take down an
8 accurate record of the question and then if
9 there's an objection, after the objection,
10 I'll rule and give direction to the witness.
11 MR. TAYLOR: I apologize, Your Honor.
12 THE COURT: Accepted.
13 So let's have the question again.
14 BY MR. SWEETAPPLE:
15 Q. I'll rephrase it.
16 Have you ever provided any remuneration by
17 way of using your credit card or paying money
18 through you individually or any of your entities to
19 Mr. Chandler, the author of that email, to your
20 son's former law partner?
21 MR. TAYLOR: Your Honor, objection; asked
22 and answered. It's irrelevant.
23 Mr. Sweetapple has asked this question several
24 times. It's getting to the point where it's
25 badgering.
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
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1 THE COURT: The objection relevancy is
2 sustained.
3 THE WITNESS: Can you ask that again?
4 THE COURT: You don't need to answer. The
5 objection was sustained, so there will be
6 another question. You don't have to answer
7 that question.
8 THE WITNESS: I'm sorry, Judge.
9 THE COURT: That's fine.
10 BY MR. SWEETAPPLE:
11 Q. And then you filed an amended complaint in
12 this case?
13 A. Yes.
14 Q. In your amended complaint, did you mention
15 the written request as being denied?
16 A. I would have to look at it.
17 Q. You don't remember without looking?
18 A. I can't remember two and a half years what
19 a document says. Come on, be fair with me.
20 Q. Who was the clerk that you spoke to with
21 regard to this verbal request?
22 A. Same one I've already mentioned.
23 Ms. Taylor.
24 Q. Look at Exhibit 1, the complaint. You
25 know who Ms. Taylor is, right?
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
1 A. Yes.
2 THE COURT: One moment, please.
3 This is my judicial assistant. She has a
4 message for me.
5 One moment. I'll be right back. A judge
6 is performing a swearing in of a new lawyer
7 and needs a certain something from me, so I'll
8 be right back.
9 (A brief recess was taken, after which the
10 following proceedings were had:)
11 THE COURT: I think right now we could
12 take the break maybe now for lunch.
13 All right. We'll take our lunch break
14 right now and then we'll resume at 1 o'clock.
15 But is everyone -- I know when you were called
16 to appear here the indication was a half day.
17 I just want to make sure that we're still -- I
18 have the time, but I want to make sure there's
19 no issue with your schedules, including the
20 court reporter.
21 THE COURT REPORTER: I'm fine.
22 MR. SWEETAPPLE: Fine, Your Honor.
23 MR. TAYLOR: Good. Fine.
24 THE COURT: All right. So we'll resume at
25 -- is 1 o'clock okay? That will give you an
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
1 hour.
2 MR. SWEETAPPLE: Perfect.
3 THE COURT: Anything you leave in the
4 courtroom is safe, but the courtroom will be
5 locked after the deputy secures the courtroom,
6 so if you want to take anything to review
7 during the break, take it now.
8 The witness is still on the stand, so that
9 means that nobody can talk with him about his
10 testimony.
11 We're in recess for an hour. Thank you.
12 MR. SWEETAPPLE: Thank you.
13 (Thereupon a luncheon recess was taken,
14 after which the following proceedings were
15 had:)
16 (End of Volume I. Proceedings continued
17 in Volume II.)
18
19
20
21
22
23
24
25
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a.m 1:23 22:19
AA 36:12
able 53:14 55:20
above -entitled
1:18
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1:20
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67:2
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13:13 14:11
34:20 66:4
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81:10
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21:19
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5:23,25 6:21
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35:1,2,4,6
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73:23
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13:18,21 28:8
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68:18 79:6
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89:11,14
analyze 67:19
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54:21,23 56:2
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66:3 68:13,23
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83:7,17,18,19
84:9,12 85:11
85:12,12 87:12
88:5 89:4,6
answered 58:22
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88:22
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58:15
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85:12
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78:9 88:11
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38:15
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14:10 25:9
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19:10,15,22
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23:7 37:2,14
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76:1
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11:25
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79:23
art 17:15
article 78:3,16
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50:13 52:17
55:18 59:16
62:168:19
69:8 71:5,10
88:21,23
asking 9:23 21:4
21:14 28:5,13
28:19 29:7
53:22 54:5
55:22 59:12,13
69:4 73:17
76:9
assistant 90:3
association
78:20
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74:25
attached 23:1
69:17 70:14,20
70:23,25
attachments
20:9
attack 8:19
1317,17,18
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18:7
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54:13 57:18,20
58:5 75:8
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86:6,20
attorneys 51:9
53:9
attorneys' 14:24
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Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
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Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
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Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
denying 29:23
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Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
Z
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Fort Lauderdale, Florida 954-755-6401
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49:23 52:8
53:2154:18
55:14,17,25
59:16,19 60:7
60:12,16 61:2
61:14 62:9
63:6 68:19
72:22,24 73:15
74:10 75:2,21
76:3,16 77:1
77:11,22,24
79:8,12,18,22
80:13,16 81:7
81:1182:7,13
83:14 85:4,15
86:5 87:9,20
88:11,2190:22
honored 26:4,5
64:14
hour42:2 55:4
91:1,11
hours 55:1
house 41:17
hundreds 10:20
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identical35:2
identify 13:8
15:8
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illegal 6:14 13:6
14:12 32:3,10
74:3,4
illegally 9:3 15:7
74:6
immediately
11:17 22:8,8
25:9 43:19
47:3 64:14
66:20 69:3
impairment
61:13
impeach 9:17
10:25
impeaching 30:1
31:25
impeachment
31:19
impermissibly
9:3 12:22 15:7
important 10:2
26:11 64:11,13
inch 13:25 14:1
incident 40:24
47:7,8 66:17
included 21:20
includes 20:1
including 11:14
28:7 37:3,15
44:8 51:1
59:10 79:20
90:19
incredibly 10:8
independent
78:17
indicated 43:17
62:3
indicates 17:25
indicating 11:12
indication 22:5
90:16
individually
88:18
information
12:19 13:3
41:1160:13
63:9 86:7
informed 62:14
inquire 38:9
75:17
inquiry 12:3,5,8
74:19
instructed 88:3
instruction 49:2
instrumental
79:5
insurance 78:21
intend 74:10
intent 6:3 7:6
intentions 41:6
interaction 46:7
interesting 23:9
interrupted 52:9
introduced 20:4
invoked 25:3,8
involved 39:15
60:9
involving 15:24
irrelevant 6:24
14:5 15:4
28:20 31:11
44:15,17 45:20
48:2,8,13
73:16 74:9
76:5,17 78:2
79:9 80:14,19
81:9 82:8,14
87:2188:22
issue 6:12 7:19
8:1,13 9:1,1,2
9:5,10 11:8,11
11:12 12:11,21
56:4 74:1
80:21,25 90:19
issues 19:5,6
33:5 80:6
January 10:5
16:12 17:18
21:12,22 22:3
22:12,19,24
23:15,19 24:25
26:18 31:12,15
33:10,11,13,14
33:15,24,25
40:2,6,10,25
41:4 63:19,22
64:2 65:16
66:9 67:3,14
68:2,8 69:22
70:3,19 72:2
82:1,11,11,15
83:5 85:14,22
Jersey 44:9,22
45:4,7 46:24
60:18,22 63:2
63:3
Joanne 2:13
4:13 59:1
Joel 85:2186:6
Johnston 2:11
joint 19:3,20
20:8,10,12,16
20:22
Joke 24:4
Jonathan 2:5
4:11 11:16
16:19 17:13
36:16 72:19
Jones 2:1151:2
57:17
journal 78:15
judge 1:19 9:22
10:2 19:21
27:5,5 36:20
51:19 60:19
82:2189:8
90:5
judge's 32:8
judges 7:14
judgment 19:12
21:3 25:15
36:10,24 37:8
37:10
judicial 1:19:20
9:2315:23
16:6,22 27:1
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
27:12,15,19,25
28:1,5,10,13
28:19,22 29:1
29:4,8,9,15,16
29:19 32:12,16
34:19,22 35:17
35:19 37:19
51:15,25 52:11
52:13,15,19
53:19,23 59:12
63:7 75:22
76:6,9 77:15
90:3
judicially 30:24
July 30:9,10
June 9:22 29:22
jurisdiction 25:2
25:7
jury 8:2 49:2
keep 9:9
kept 17:3 81:19
kill 7:20 17:12
17:16,17,19
23:23 85:2,9
86:22
kind 46:6 57:13
62:18
knew 25:25 71:4
know 26:19
42:12 44:15
47:12,13 51:17
51:17 58:1
59:4,23 63:4
68:22 70:10
71:19 72:16
81:24 82:17
84:1,5 86:13
89:25 90:15
knowledge 39:21
63:4,5 67:24
knows 45:20
48:12,13
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lack 8:6 42:23
laid 8:2133:4
largely 28:20
largest 83:12
84:10
latitude 48:17
launch 14:15
18:10
law 2:2 6:3,14
6:17 7:17 8:12
10:9,13,24
12:1 13:6,18
16:13 18:3,6
24:16,18,21,24
26:13 36:19
45:20 46:1
48:17 57:11
58:9 60:22
72:2,20 73:7
73:2174:22
75:23 76:1
77:9 79:3
80:19 86:23
88:20
laws 44:16
lawsuit 11:4
18:1124:21
25:1,2,2 26:12
26:17,20 48:18
66:20 67:3
68:2,7,14,16
68:17 80:24
85:23
lawsuits 10:16
17:8,17 24:24
47:20 48:20
49:8 50:2,3
54:9 76:24
85:10
lawyer 10:11
17:24 67:11
74:24 79:1,21
90:6
lawyer/client
86:14
lawyers 51:1
65:2,5 66:19
77:25
learn 7:14,16
18:15
leave 91:3
Leena 72:19
left 86:15
legal 18:10 66:3
73:13,14
let's 4:4 5:5 16:8
18:22 23:25
39:10 42:17
57:16 75:6
81:6 88:13
letter 23:1,18
25:12 26:21
42:10,15 50:14
63:3 66:13,15
67:4 69:6,13
69:15,18,22
70:12,14,19
71:1,12 72:18
letters 43:3 60:6
levied 74:3
licensed 73:6
76:22
Res 9:21,24
light 11:13
limine 5:23
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limitation 31:18
limiting 21:21
line 12:3,5,8
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Lisa 1:19
list 20:10,13
listen 76:6
fists 66:12
literally 12:24
litigating 43:24
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litigation 7:20
8:10,1160:10
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79:14
little 41:2 42:2,6
live 38:18,19
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LLC 36:18
lobby 22:18
lobbyist 24:5
local 11:21
located 72:11
locating 36:3
locked 91:5
log 17:2,10
19:14 21:8
26:3 81:19,25
logged 26:6
logging 81:22
long 21:19 29:4
38:2145:7
72:16
longer 42:2
71:24
look 16:24 19:17
21:5,14 22:10
23:25 24:2
37:7 64:7
65:23 66:3
67:11 72:4,6
89:16,24
looked 20:20
looking 64:1,8
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lot 15:2
louder 41:3
lunch 55:6 67:21
67:22 90:12,13
luncheon 91:13
M 2:13
machine 41:20
42:9 46:22
69:8 71:9
magazine 78:15
magistrate 27:4
27:5
maintain 8:8
making 6:2,22
17:19 18:2
27:22 30:15
42:20 43:23
44:13 64:17
72:14,16 79:24
malice 10:24
18:16 48:19,22
malicious 8:7
maliciousness
80:16
man 11:16 60:3
manager 51:3
54:12 80:12
manner 56:5,6
Mara/ 27:7
March 39:25
40:1
marks 53:4
Martin 1:6 3:2
4:1,8,10,12
7:17 14:2
17:2122:15
26:12 27:8
36:12,15 37:22
38:14 66:9
Marty 45:14
76:18
matter 4:4 6:4
8:20 12:25
15:3,25 40:25
matters 5:11
15:24 81:15
Matthewman
27:8
mayor 18:13
51:2 54:11
58:23 81:5
mean 27:24
31:1141:21
44:1148:2
78:5
means 59:20
91:9
meant 74:9
medical 45:15
60:25
member 16:16
memo 17:24
74:23 79:20
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
7
memorandum
5:12
memorize 64:9
67:17
memory 60:2
menta160:10
61:24
mention 64:3
89:14
mentioned 8:18
66:21 89:22
mentions 65:25
80:18
merely 7:22
merit 35:5
Mesa 2:4 4:9,9
message 90:4
mind 67:20
mini 5:12
minutes 10:5,7
16:12 34:3
mischaracteri...
46:13 75:3
mistake 24:9
moment 36:3
85:17 90:2,5
Monday 84:21
money 74:16
77:6 87:3
88:17
moneys 10:24
18:8
month 17:9,18
40:9
months 11:6
16:9 17:5 22:2
25:17 40:20
43:7,7 84:6
Morgan 58:24
81:5
morning 4:3,17
37:25 38:1
43:16
motion 5:23 7:1
7:10 8:3 11:25
19:12 21:2,3,8
29:23 30:2,6,8
30:19 32:6
34:18 36:9,24
47:17
motivation
74:17 79:14
80:19,24
motive 6:22 8:7
8:18,19,19 9:5
9:16,19 10:1,2
10:22,23 11:9
14:4 15:4 19:7
23:10 45:18,19
45:23 48:9,12
48:16,18,22
80:17,21
mouth 68:4
move 5:22 25:14
27:16 29:5
47:15 55:18
56:9 78:23
80:7
moving 79:21
multiple 27:4
municipality
12:13
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name 38:13,14
41:16 72:13
79:6
named 49:9 58:4
names 41:16,16
narrow 9:2,9
13:16 14:21,25
nearly 85:1
need 18:18 33:3
35:20 51:11
52:156:15
78:12 88:4,4,6
89:4
needs 90:7
never 46:14
50:15 63:1
new 44:8,2145:4
45:7 46:24
60:18,22 63:2
63:3 72:20
77:20 90:6
Newport 2:3
72:10
news 6:19 77:20
78:14
Nick 2:4 4:7
night 5:12
nine 10:4,6 11:6
11:18 14:5
16:10 22:4,20
25:6,17,19
ninth 66:22
non -jury 1:18
4:3,19
noon 55:2,6
noon-ish 42:8
Norma 72:18
normally 41:15
North 1:21
38:19 50:7
not-for-profit
18:1 79:6
note 15:16 36:23
notebook20:20
63:12 70:1
notice 9:24
15:23 16:6,22
21:5 27:1,12
27:15,19,25
28:1,6,10,13
28:16,19,22
29:1,4,8,9,15
29:16,19 32:13
32:16 34:19,22
35:17,19 37:19
51:15,25 52:11
52:13,15,20
53:19,23 59:13
63:7 75:22
76:7,9 77:15
noticed 30:24
55:3
November 36:20
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number 7:13
13:5,7,9 16:20
22:16 25:6,6
27:7 28:12
30:13,2134:23
36:1149:24
50:24 53:7
54:1,9,19
55:18 59:14
73:16,18,21,22
75:7 76:20,20
78:20 81:8,8
83:8,12,25
84:10
numerous 18:13
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2:5 3:2 4:2,8
4:10,11,11,12
5:4 7:17 8:5
9:16 10:3 11:1
11:16 14:2
15:24 16:9,15
16:19 17:8,13
17:20,21 18:6
21:1122:3,15
22:22 23:10,25
24:15,2125:23
26:1,12 27:8
28:8 30:134:1
36:13,15,16,19
37:22,25 38:14
38:16 39:4
43:16,25 46:8
46:14 49:7
50:5 52:25
54:15 55:10
56:1158:9
60:2,15 61:3
62:5,2163:15
66:9,1170:5
72:2,19 73:7
73:17 74:14
75:5,23 76:19
77:22 78:1,9
81:10,18 84:11
86:19,23
O'Boyle's 9:24
10:23 16:15
17:5,14 27:2
28:1129:23
30:2 31:23
37:4,17 45:14
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o'clock 55:8
90:14,25
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4:13,13 5:19
51:154:12
57:17,18 59:1
78:10
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14:3 16:18,20
16:23 17:6
24:1,10,15
36:16
oath 17:22 38:2
object 19:25
20:5 29:12,13
39:6 49:24
60:12,15 62:5
76:3 82:3
objecting 75:8
objection 19:16
21:16 27:9,18
29:8,15 30:22
35:13,18 44:1
44:10,18,23,25
45:11,16 46:12
46:17,25 47:23
48:1,3,7 49:3
49:25 56:3,5,6
59:16 60:7,11
61:14,17 62:10
68:19 72:22,24
73:9,11,12,15
75:11,15 77:22
78:23 79:8
80:13 81:13
82:7,13,19,23
83:14 85:4,18
87:5,9,20 88:1
88:9,9,21 89:1
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
89:5
objections 20:11
obligation 44:15
77:5
obtain 62:15
66:12
obviously 24:9
30:4
occurred 63:18
occurring 11:14
October40:19
45:5,6
odd 42:6
oddball 63:25
offensive 15:17
66:18
offer 15:19 16:7
office 39:22 42:1
offices 16:15
39:16,19
official 74:11
77:19
officials 53:8
Oftedal 36:21
oh 11:7 25:18
26:14 46:8
71:2
okay 28:18
30:12 32:19
33:14,17 34:1
39:10 40:1
41:25 42:19
53:17 55:9
56:19,24 57:8
57:15 58:11
59:22 65:22
72:8 77:18
82:25 86:4
90:25
old 64:10
once 44:25
one-page 71:13
opening 5:6 7:11
15:12 29:21
33:5 34:5,11
80:7
openings 33:1
operating 16:14
opposing 5:17
oral 11:7 25:20
26:3,5,24
45:24 47:5
64:4,6 81:21
orally 22:7
order 10:23
13:22 26:12
28:5 29:22
34:22 35:9,20
35:20,23 36:9
36:20 37:19
60:20 74:4,5
ordered 60:19
orders 28:6,7
29:10,17,20
30:19
ore 5:22 11:25
organized 77:9
original 8:9
overruled 49:4
49:25 56:8
59:18,20 62:10
68:21 82:19,23
83:16 87:11
overview 34:3
P.A 2:2,8,11
p.m 21:11,12
page 3:2 22:25
23:16 66:9
69:7,14,17
70:13
Pages 1:15
paid 50:12 87:24
Palm 1:2,20,21
2:13 16:3
paper42:8 51:11
51:13 53:3,13
53:15 55:24
papers 24:19
paragraph 37:10
66:8 85:24
paragraphs
28:15
Pardon 57:10
70:8
part 8:10 10:15
30:3 31:24
68:14
participate 62:4
participating
61:23
particular48:23
partner 17:14
88:20
pattern 48:14
73:25 74:11
pause 88:5
paying 88:17
PC 36:19
pending 7:12
26:20 43:5
46:1157:24
63:7 75:11
81:4
percent 15:2,19
perfect 85:191:2
performing 90:6
period 22:4 39:7
40:12,21
periodical 78:20
periodicals
78:18
permanent 32:4
32:10
permissible
27:13
permit 24:11
person 6:22 24:4
76:21
personal 14:15
pertains 30:18
ph 17:25 60:19
phase 34:12
phrased 44:19
62:11,16
picking 13:1
piece 42:8 51:11
51:13 53:3,12
53:15 55:23
pipes 49:22
50:13
place26:2
placed 74:3
plaintiff 1:7 2:1
4:6,10,12 5:2
33:10 34:15,17
46:4,18 49:9
56:5,7 58:2,4
plaintiff's 4:20
4:23 20:11
31:7,9 34:13
48:18
plaintiffs 25:16
plan 8:22
plans 8:21,22
play 84:18
pleading 21:15
66:1
please 5:9 14:25
15:15,16 22:16
38:3 39:7
43:11 51:4,22
52:17 53:21,24
54:5,8,13
56:23 62:20
70:5 81:18
83:190:2
pled 35:14
pocket 77:6
point 4:5 45:6
88:24
poles 50:10
police 18:14 51:3
54:11
political39:19
Port45:8
position 31:5,8
31:10 33:7
45:25
positively 9:5
possession 22:1
60:16
power 76:23
practice 14:11
73:20
practices 58:9
precise 30:17
prejudice 32:17
prejudicial 78:1
preparing 84:20
present 82:1
presentation
15:18 34:13
presented 12:7
23:23
presenting 46:8
Press 6:19
pretrial 6:10
19:3,2120:8
80:6
previous 9:25
previously 25:23
47:4
prior9:19 11:7
40:9,20 43:8
46:10 47:7
privilege 60:25
85:1186:14,17
privileged 60:13
62:8 65:6 86:7
pro 16:19
probably 60:4
63:24
probative 77:23
problem 21:23
45:15
procedure 26:2
proceed 4:25 5:3
5:7,10,20
34:12 54:23
proceeding
17:23 21:2
22:2 32:13
61:6 62:2
proceedings
90:10 91:14,16
process 14:13
25:12
processed 26:7
produced 17:24
23:17,18,19
26:22 74:23
producing 14:14
profess 58:20
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
W
proffer 79:13,19
81:15
program 50:9
promptly 23:6
23:21 71:16
proof 45:13
property 49:22
50:6,13
protect 26:12
prolocol28:21
29:3
prove 6:6 13:5
31:14 73:19
78:5
provide 6:18
14:8,10 16:1
22:16 35:10
74:5 76:10
provided 5:17
23:21,24 47:5
47:10,1153:16
61:5 86:9,15
88:16
psychiatric 63:3
psychiatrist 60:5
62:3,7
psychiatrist's
60:17,24
psychologist
60:14 61:9
public 6:2,5,8,9
9:10 10:4 12:2
12:10,16 14:5
14:22 16:10,23
18:2 22:12,15
22:23 23:3
24:25 33:8
36:18 40:2,4
40:11,2141:1
43:4,22,23,24
44:7,14 46:10
47:2148:16,21
49:14 50:2
54:6 61:1,4
64:6 66:10
69:19 70:16
74:2,13,16
76:19 77:7,21
79:2,19 81:20
81:24 82:5
83:4 85:1,9
87:4
publication
77:20
publications
74:12
Publishing 6:19
pure 8:10
purpose 53:15
76:25 77:2
pussy 81:5
put 15:8 18:8
21:6 49:21
50:13 77:6
putting 14:12
27:23 50:10
68:4
quarter 39:24
quashed 7:2
question 6:11,15
9:1140:8
44:18,24 45:2
46:23 47:15
49:3 52:23
53:14 54:21
55:2156:2,7
59:2161:16,17
61:19 62:11,12
62:16,20,22
63:18 66:3,24
73:1,2 75:11
77:1,3,16
78:24 80:8
82:20,24 83:19
83:19 84:9
85:17,19 87:14
88:6,8,13,23
89:6,7
questioning 6:22
74:7
questions 6:20
43:9 88:6
quicker 84:3
quickly 26:8,9
quite 7:15
quotes 21:9
quoting 29:25
30:3
R
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raise 5:22 38:3
raised 6:20 35:3
ran 39:23 50:21
55:16
Randolph 51:1
54:12 57:19,21
57:23 58:13,14
Raton 2:9
reaction 64:18
64:21,22
read 11:23 28:4
28:14,17 33:21
62:20,22 67:15
67:18,22 69:24
78:13,14,15,18
85:23
reading 69:23
78:17
ready 4:25 5:2
77:14
really 7:25 18:18
68:5 83:25
reason 10:1
23:12 26:10
42:19 68:17
reasonable 7:24
reasonableness
37:3,16
recall42:11
47:1156:10
59:6 83:5,11
receive 70:7,9
received 5:13
12:14 22:23,25
69:13,15,16
70:13
recess 90:9
91:11,13
recite 35:21
reciting 51:6
recognize 66:17
recognized
10:10 16:17
73:7
recollect 50:1
53:6
recollecting
55:12
recollection
51:18 52:6
63:17,21,23
68:1,7 78:16
78:17 82:17
86:3,12
reconsideration
29:24 30:2,7
30:20 32:6
record 6:9 28:9
30:17 38:13
53:19 60:18
61:1,2,4 76:7
88:8
recorded 62:23
records 6:2,5,8
9:10 10:4 12:2
12:11,15,16,19
14:6,8,10,14
14:23 16:10,24
18:3 22:12,23
23:3 24:18,25
33:9 36:18
40:4,11,21
41:143:4,22
43:23,24 44:7
44:14 46:10
47:4,2148:16
48:2149:14
50:2 54:7
59:10,11 64:6
66:10 69:19
70:16 74:2,6
74:13,15,15,16
76:19 77:7,21
79:2,20 81:21
81:24 82:5
83:4 85:1,9
87.4
reference 9:15
30:15 67:8
referenced 30:19
referencing
29:21
referred 8:17
62:22
referring 85:5
refers 85:2
refile 57:6
refiled 57:3,5
refresh 86:3,12
refusal26:24
refused 64:25
refuted 13:19,21
regard 9:16 19:9
30:163:11
66:6 85:9
89:21
regarding 15:21
74:7,12 77:20
registered 24:5
24:20
relate 12:3,6
relates 34:20
relationship
75:18
relatively 39:14
relevance 44:1
44:11 83:15
87:5,10
relevancy 30:25
89:1
relevant 12:12
18:24 23:11
29:5 31:13
45:12
relief 62:15
remember 42:17
57:12,14,16,22
57:25 58:3,5,8
58:11,15,17,23
59:1,5,7 64:8
65:8 68:6
89:17,18
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
10
remembering
55:19
remind 11:1
reminded 54:24
remuneration
88:16
renew 36:4
repeatedly 48:20
rephrase 52:22
61:10,16 66:25
72:25 85:6
88:15
report 60:17,18
60:23,24
reporter 35:21
61:7,20 62:23
88:7 90:20,21
reporting 77:19
represent 24:7
represented
16:19
representing
24:6
represents 79:2
reputation 32:5
32:11
request 6:2,5,7,8
6:13,23 7:3
8:25 9:4,8,11
10:12 11:4,5,7
11:18 12:13,15
12:23 13:7,8
13:10 14:24
15:9 17:5 19:9
20:4 21:10
22:12,14,16,23
22:24 23:1,2,3
23:5,20 24:22
24:25 25:4,5,6
25:10,11,19,20
26:3,4,5,14,15
26:21,24 28:2
29:15 30:18
31:8,1132:16
33:9,19 36:5
40:3 41:1,4,5
41:19,22,25
42:1,3,4,5,6,20
42:2143:4,22
44:17 45:14,18
45:24 47:6
48:16,23 51:24
52:10,12,15,19
53:18 54:7
63:14 64:4,6
64:14,25 65:1
65:7,12,13,18
65:19,25 66:6
66:10,18,22
67:5,7,13,14
68:3,8,18 69:1
69:3,5,16,17
69:18,19 70:12
70:14,15,16,21
70:21,23,24,25
71:2,3,4,5,6,8
71:13 74:2,4
74:16 75:20
76:19 77:7,15
81:19,2182:14
83:24,24 89:15
89:21
requested 12:16
12:20,22 15:7
61:22 71:11
requester 6:4
requests 10:4,6
11:17,18,21
14:6,14 16:10
17:4,9,11 18:3
19:12 21:22
22:2,4,20
25:20,24 34:18
40:3,4,11,21
40:24 43:24,24
44:7,14,22
45:5,9 46:11
47:2148:22
80:23 81:25
82:6 83:4,12
83:22 84:7,13
84:16,21 85:10
87:4
require 13:10
required 7:21
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requirements
14:12
requiring 14:13
reserve 7:25
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reside 38:16
resident 38:23
39:1
respect 14:19
66:2
respectfully 8:25
9:8 14:19 29:2
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respective 5:6
respond 23:8
53:14 55:12,21
62:13 67:23
71:1,18
responded 25:5
42:4 62:17
respondent 6:20
responding
55:13 56:7
responds 22:8
22:11
response 7:7,21
12:4 19:11,19
21:2 23:7 25:9
28:1131:16
33:8,25 37:4
37:16 46:20
50:4 51:23,24
65:11,13,17,19
66:16 69:1,2,7
69:9,1171:16
responses 84:3
responsibility
14:7,9
resume 55:8
90:14,24
review 23:5,20
71:13 91:6
reviewed 4:20
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Richard 36:21
right 8:17 9:17
18:22 21:24
30:16 33:20
34:135:18
37:9 38:3
43:19 54:25
56:25 57:8
59:24 60:10
61:9,15 63:19
64:15,19 68:18
69:24 70:7,24
72:3,11,15
73:1,8 78:7,13
79:3 87:4
89:25 90:5,8
90:11,13,14,24
Ring 58:8
Rita 17:124:4
25:20,22 41:17
Robert 2:9 4:15
room 45:8
rule 14:22 73:13
73:22 77:14
88:10
ruled 56:4
rules 9:14 75:7
78:12
ruling 56:3
run 39:16,19,22
41:6 42:25
74:13
running 13:3
Ryan 17:14
36:15 72:2,9
72:13 76:22
85:21
S 72:19
S.E 2:8
safe 91:4
salary 87:24
sanctioned 27:4
sanctioning 9:25
save 32:22 34:6
34:7
saying 15:18
25:12 42:11
50:15 66:13,15
says 9:7,8 22:15
24:3,8 26:14
27:24 28:25
66:8 71:12
72:20 89:19
scam 7:16 10:22
74:13 77:21
schedule 55:3
scheduled 55:1
schedules 55:8
90:19
scheme 8:11
school 76:24
sealed 60:19
second 37:11
45:22 52:10
61:15
seconds 42:15
43:1 71:14
Secretary 75:24
section 11:10
49:2 70:2
secures 91:5
see 10:3 16:25
17:2,3,7,10,11
19:10,1122:13
23:13 24:17,23
32:7 37:9 51:5
51:22 53:12,25
57:16 66:5,7
81:6
seeing 24:11
seen 86:19,22,24
sees 86:8
send 23:6 71:16
sense 13:12
42:25 43:3
sent 21:10 24:19
33:25
separate 80:25
83:22
September 1:22
25:16
series 43:3
served 26:17
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
11
set 4:3 23:4
27:1169:19,20
70:16,18,22
75:6
settled 25:25
setup 16:14
24:19
seven 45:13
46:24
shakedown
74:13 77:21
sheet 22:17
23:10,15 24:2
24:14 41:15,15
42:18 46:20
64:15 66:12
68:9
shocked 64:22
short28:15
shot 85:3,9
86:22
shots 7:20 17:13
17:16,17,19
23:23
show 8:4 13:11
15:20 23:17
48:19,19,20
72:23 73:10
74:11,2179:13
79:19 85:13
showing 75:24
80:16
shown 21:13
shows 14:2
side 5:6 6:11
sides 75:10
sign 55:15 56:9
56:14,18 59:8
sign -in 22:17
23:14 24:2,13
41:14,1542:18
46:20 64:15
66:12 68:9
signature 24:8
signatures 24:13
signed 76:21
simple 9:10,10
12:10,25 13:24
simply 29:5 80:2
singularly 67:6
sir68:16 70:11
77:3 83:2
sit 59:22,24
67:18
sitting 57:13
six 12:24 40:20
43:7,7 46:21
84:6
six-foot 41:14,20
42:9 69:9
71:10,14
skies 18:17
Skip 54:12 57:18
57:21
Small 1:19
sole 53:15
solely 69:5 86:11
son 8:24 13:18
14:3 58:9 73:5
74:14,22,25
79:15
son's 7:17 8:12
10:9,13,24
16:13 17:6
18:3,10 24:16
26:13 46:1
77:6 79:3
88:20
soon 70:10
sophisticated
46:2
sorry 31:6 33:15
33:16 38:17,25
39:18 59:19
63:20 82:21
87:13 89:8
sort41:8
sought 66:11
sounds 78:18
South 2:12
Southern 27:6
space 23:4 69:20
69:21 70:16,18
speak29:1 41:2
specific 6:18,18
15:22 28:2
specifically
36:23 66:11
spent 84:20
spin 27:23
spoke 89:20
st 39:21
staff 23:4 71:12
stand 53:20 91:8
stands 32:4
start41:ll 73:2
starting 17:4
21:1124:24
44:6
state 6:15 7:18
8:25 10:21
11:20 13:6,20
16:4,18 18:2,6
38:13 44:8,12
45:20 51:7
54:9 61:16
73:6,8 75:1,14
75:17,25 76:8
stated 65:9 88:7
statement 15:12
19:3
statements 5:6
28:9 31:23
80:7
States 27:6
statute 7:22 14:9
statutes 11:10
statutorily 9:13
14:17
stay 14:25
stick 18:22 19:4
stip 80:6
stipulation 6:10
20:9
stranger 43:21
Stream 1: 11 4:2
4:14 10:17
12:14 17:9
18:15 22:18,22
24:2 36:13,14
38:20,24 39:2
39:5,11,17,20
41:7 47:5,22
48:6 49:9,18
49:2150:25
51:8 53:8 54:8
83:6
Street 2:8
stress 45:9
stretch 43:2
strike 8:3 39:15
47:15,17 55:18
strong 74:17
Stubbs 2:11
subject 77:18
submit 14:20
26:25 27:16
29:2 46:16
71:1176:16
83:20
submitted 43:5
63:14 66:10,22
83:12
substantial 83:7
subtleties 58:20
sue 58:21 66:21
sued 18:14 25:24
48:5 50:25
51:8 56:24
57:9,11,17,20
57:22 58:23
59:1,5,15 66:6
67:4
suggest 7:24
suggested 20:25
suggesting 21:7
suggestion 32:2
suing 64:24
suit 33:16 50:16
50:19 64:24
65:3,10,12,16
65:18 66:14
73:18
Suite 2:12
summary 19:12
21:3 25:14
36:9,24 37:8
37:10
summation 19:8
sun 14:16
sunshine 57:23
58:1,16,18
supposed 14:18
45:15
sure 5:11,16
19:18,23 30:17
30:23 33:6
41:10 52:3
55:4 59:4 70:6
88:3 90:17,18
surprised 42:14
46:19
sustained 44:3
44:19 45:16
46:17,25 48:3
75:15 78:23
79:11,17 80:9
81:13 87:6,22
89:2,5
swear 38:4 67:13
swearing 90:6
Sweetapple 2:8
2:9 3:4 4:15,15
7:8 8:17 9:7,14
10:19 13:12
15:14 18:20
19:2,18,24
20:15,21,25
21:21,25 27:10
28:3,24 29:18
30:8,11,14
31:3,17 32:19
32:22 33:1,12
33:15,18,23
34:2,9 35:13
36:6,22 39:6
43:11,15 44:5
44:20 45:3,11
45:17,20,23
47:1,14,19,24
48:4,9,12,15
49:5,6,23
50:18 51:14,16
51:19,2152:3
52:5,12,16,21
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
12
52:24 53:20
54:4,19 55:17
55:22 56:22
60:1,8,16 61:1
61:5,10,11,21
62:20,25 63:6
63:10 64:10
67:15 68:24
72:23,25 73:3
73:10 74:1,10
74:20 75:21
76:10,13,15,25
77:4,12,17,24
78:11,25 79:12
79:18,24 80:1
80:10,15,20,23
81:3,10,14,17
82:4,10,16
83:2,3 84:5,8
85:6,7,20 86:2
86:13,18 87:7
87:15,23 88:14
88:23 89:10
90:22 91:2,12
Sweetapple's
29:6,12
swore 63:22
67:11
Tab 70:4
table 41:13,14
46:21
take 6:25 9:23
15:23 16:22
21:5 24:17
27:1,12,15,24
28:5,10,13,16
28:19,22,25
29:4,8,16,19
32:12 34:2,22
35:17 37:6
42:14 50:14,15
50:16 51:15,25
53:23 55:6
59:12 61:8
65:23 67:11,21
71:22,23 75:22
76:9 77:15
88:7 90:12,13
91:6,7
taken 73:24 90:9
91:13
takes 84:4
talk 16:8 91:9
talking 31:12
40:5,15 44:11
45:12 62:6
78:3
talks 66:13
tally 53:24
tar 8:23,24
13:23 80:2
Taylor 2:4 3:3
4:7,7 5:1,9,15
5:218:16
10:18 12:9
17:2 19:17,25
20:23 21:13,18
25:21,22 26:19
27:9,2128:18
29:11 30:23
31:6,9 32:20
34:16 35:25
36:2 37:22
38:10,12 39:9
41:17,17 42:19
43:9,18 44:1
44:10,23 45:19
46:12,20 47:23
48:1,7,1152:1
52:8 53:5,10
53:17 54:18,20
55:25 59:16
60:7,12 61:4
61:14 64:13
68:19 69:4
71:4 72:22,24
73:9,11,15
75:2 76:3,15
77:2,1178:7
79:8,22 80:13
80:18 81:7
82:3,7,13
83:14 85:4,15
86:5 875,9,20
88:1,11,21
89:23,25 90:23
teaming 75:9
teeming 78:8
Tel 2:5,10,14
telephone 50:10
tell 38:7 51:4
54:5,13,20
56:1,15 59:14
64:1 65:24
82:18
telling 65:5
ten 31:19 42:15
43:171:14
tenor 13:13,15
13:16
tenus 5:22 11:25
term 84:23 85:9
terms 48:10
55:11,19 62:11
84:10
testify 46:19
86:10
testifying 28:24
45:23 81:8
testimony 3:2
7:3 29:6,13
46:13 91:10
thank 4:17 12:9
15:10,11,14
19:24 20:24
21:24,25 32:20
32:2134:10
37:24 38:8,10
43:10 49:5
55:14 61:19
67:191:11,12
things 15:2 27:1
27:1172:16
think 16:5 19:4
21:16 26:18
27:12,13,21
28:2131:13
33:4 34:7
39:24,24 42:1
42:16 47:7
49:20 57:20
59:3,23,24
64:20 66:2
67:16 83:10
84:22,22 85:11
90:11
third 36:25 37:7
37:12
thought 69:4
71:8
thousand 48:21
three23:5,21
25:13 42:12
43:2 47:25
49:7,12,19
50:24 51:7
54:10,14 66:14
66:15 67:17
69:10 71:15,18
71:22,24 76:20
time 7:11 11:14
16:3 25:18
28:20 29:11
36:3 39:6,8
40:12,20 43:5
44:3 46:9 55:4
55:5 61:8 68:5
75:8,20 80:22
81:182:8,9
86:25 90:18
times 27:4 39:13
47:4,9 48:5
50:24 51:4,6
53:4 57:8,11
57:17 68:22
88:3,24
today 35:4 63:19
63:23 82:11,12
83:5
today's 4:19
told 23:20 24:16
64:12 65:2,4,4
65:6,8
total 47:20 51:22
54:8
tough 83:18,19
town 1:11 4:2,14
4:16 7:19 8:21
9:2,7,11 10:25
11:19 12:14,18
12:21,25 14:6
14:22 15:6
17:9 21:4 22:7
22:7,11,18,22
24:1,1125:12
25:24 36:13,14
39:5,16,20
43:5 45:7
47:2148:5
49:8,2150:7
50:25 51:3,8
53:8 54:8,11
54:12 57:18,20
59:15 67:4
69:22 73:25
74:3 78:6
79:23 80:12
81:20,22 83:6
Town's 12:3
36:25 37:3,16
81:25
trained 17:15
transmits 22:3
transmitted 33:9
tremendous 8:6
18:16
trial 1:19 4:4,19
5:12 12:7 22:9
22:10
triple 85:2
truth 38:5,6,6,7
try 8:18,22
13:22 15:5
67:18
trying 6:25 52:5
57:14 73:19
77:4 79:13
82:18
turn 69:14 70:4
81:18
Tweedlee 24:3
Tweel 17:25
Twiddle -Lee-...
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
13
24:14
two 10:11,12
11:3 13:9
23:13,14,19,24
24:13 30:18
33:18 34:2,25
39:10 41:16
42:17 52:7
55:1,4 57:7,23
58:18 59:8
64:10,12 65:10
73:18,22 76:20
81:3,8 89:18
tying 74:20
type 73:20
U
U38:20
U.S 30:20
ultimate 33:8
unauthenticated
78:4
uncertified 76:7
underground
49:21 50:8,11
50:11
undergrounding
50:8
understand 53:2
58:20 64:23
72:15 81:20
understanding
58:17
undisputed
12:17 15:21
16:2,7 33:5
unfair 67:16
United 27:6
unjustifiable
26:23
unlicensed 73:20
untimely 7:10
untrue 15:3,20
unusual 7:15
urged 66:20
use 32:14 53:1,3
85:8 87:19
usually 84:3
utterly 76:4
valid 6:7
Varkas 2:8
verbal 23:2
47:13 64:6,25
65:1,7,13,17
65:25 66:18
68:3,8,18 69:2
69:18 70:15,23
71:2,4,7 89:21
verbatim 21:9
verified 4:21,24
63:13 64:2
65:24
versus 4:2 6:19
27:8 36:13,15
vice 16:20
view 24:18
violated 14:22
31:15
violation 57:23
58:1,16,18
60:22
visit 39:4
visited 39:11
visiting 24:4
voice 61:8 75:7
Volume 1:15
91:16,17
voluminous 30:5
vs 1:9
wait 61:17 75:6
77:9 85:17
waiting 84:6
waived 86:14
walk 41:12
51:10
walked 46:9
walking 13:1
19:21
want 5:11 19:1
23:10 28:25
30:16 32:12,22
33:6 34:5
49:16,24 51:17
53:25 54:17,19
54:24 55:4
56:12 60:24
67:2171:7
76:12 82:17
86:2 90:17,18
91:6
wanted 12:24
33:20 41:9,10
71:18
wanting 23:11
wants 23:12
27:10,11,14,24
wasn't 10:11,13
16:17 26:17,24
64:11 69:6
watch 26:1
way 26:15 55:11
71:7 84:3
88:17
we'll 5:7 32:4
34:1135:16
50:15 55:6
73:2 80:7 86:8
90:13,14,24
we're 7:22 11:12
31:1136:3
40:5 44:11
45:12 46:22
51:14 59:12
67:21 69:7,9
69:10 75:8
90:17 91:11
we've 20:17
week 57:7 85:23
weekend 84:20
weeks 34:25
went37:13
41:17 42:1
45:8 50:12
65:2 76:24
West 1:212:3,13
whatsoever 6:4
45:13 79:10
wish 68:5
withdrawn 73:2
Witmer 17:14
36:15 72:3,9
76:22 84:25
85:8,22 86:5
Witmer's 72:13
witness 19:7
20:13 34:14
37:2138:1,7
43:10 48:25
49:24 50:1,6
52:17 53:3,7
53:16 54:5,20
55:14,20 56:12
56:18,20 59:19
59:22 62:12,13
62:18,24 68:22
77:5 82:21,25
83:18 86:9,10
87:13 88:4,10
89:3,8 91:8
witness's 52:6
witnesses 12:6
34:13
wondering 5:13
word 65:25 66:4
86:22
words 32:8,13
52:15 64:17
68:4 71:25
wouldn't 68:5
write 18:8
writes 32:1
writing 6:14 9:4
12:23 13:11
15:9 21:10
22:25 42:7,15
42:20,22 69:16
70:13 71:11
81:22
written 10:6
11:5 22:4,14
25:4,5,10,19
25:19 26:4,6
32:141:19,22
41:24,25 42:3
42:5 60:6
63:14 65:11,19
66:6,22 67:5
69:1,5 70:21
70:23,25 71:2
71:5,6 89:15
wrote 17:14 33:7
33:23 50:14
71:12
x 1:13 3:1
year 9:22
years 31:19
38:22 39:10
41:8 45:13
46:24 47:25
49:7,12,19
50:24 51:7
54:10,14 57:23
64:10 67:17
81:3 89:18
young 11:16
zero 40:13,17,19
40:23 41:16
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11:15 23:15
55:8 63:12,14
72:6 89:24
90:14,25
1-21-13 24:3
10 73:8
10:00 1:23
10th 75:25
1122:19 49:11
49:12 54:6,25
54:25 59:11
1100 2:12
119 12:1131:15
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
14
12 55:2,6
12:03 21:11
12:18 21:12
1280 72:10,13,21
12862:3 72:15
73:4
13 24:8
135 25:24
14 24:9,10 30:21
85:14
14017:8
1510:5,7 16:12
85:22
15 -minute 22:4
16 30:11 45:5
66:8
1745:5
190 44:22 45:5
2 37:10 81:18
201:22 2:8 41:8
76:1
2000 85:14
200744:6,11
45:6
2013 40:3,11
201416:12
21:12 22:19,24
23:16 31:13,15
34:24 36:12
39:23 40:1,6
40:10,1141:5
66:9 69:22
70:19 73:8
75:25 82:1,11
82:15 83:5
85:22
2015 36:20
20161:22 29:22
29:25 30:9,10
31:11
205 1:21
2121:12 22:12
22:19,24 66:9
69:22 70:19
21st 10:5 16:12
15
21:22 22:3
83:24
40:2,6,25 41:4
64 -year-old 60:3
42:7 64:2
7
66:23 70:3
7 69:14,2170:1
82:15
22nd 26:18,23
70:2,4,7,9
33:10,13,14,16
8
33:24 63:19,22
65:1667:3,14
822:10
68:2,8,14 72:2
8011:16
23 38:19 50:6
800 82:5 83:9
23rd 23:19 26:18
8125 27:7
33:11,15,25
81250 -Mara/...
2539:12
30:21
28th 29:22
9
9011:1049:2
62:8
3
30 40:14,18 45:5
84:13
911:15
31st45:6
954-834-2209
33402 2:13
2:5
33432 2:9
99.9 15:2,18
33442 2:3
33483 38:20
35 38:22
38 3:3
3rd 2:8 29:24
4
4 36:20 66:9
40 84:16
43 3:4
433 22:16 25:6
5
50 84:21
502014CA000...
1:4
505 2:12
561-392-1230
2:10
561-659-3000
2:14
57417:4 22:2
6
6 30:9,10
60 83:21,21,22
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
M,
IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA
CASE NO. 502014CA000834
MARTIN E. O'BOYLE,
Plaintiff,
VS.
TOWN OF GULF STREAM,
Defendant.
- - - - - - - - - - - - - - - - -x
VOLUME II (Pages 92 to 214)
The above -entitled cause came on for non -jury
trial before the Hon. Lisa Small, Judge of the
above -styled court, at the Palm Beach County
Courthouse, 205 North Dixie Highway, West Palm
Beach, Florida, on September 20, 2016, commencing
at 10:00 a.m.
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
1 APPEARANCES FOR THE PLAINTIFF:
2
The O'Boyle Law Firm, P.A.
3 1286 West Newport Center Drive
Deerfield Beach, Florida 33442
4 BY: NICK TAYLOR, ESQUIRE
BY: GIOVANNI MESA, ESQUIRE
5 BY: JONATHAN O'BOYLE, ESQUIRE
Tel: 954-834-2209
6
7 APPEARANCES FOR THE DEFENDANT:
8 Sweetapple, Broker & Varkas, P.A.
20 S.E. 3rd Street
9 Boca Raton, Florida 33432
BY: ROBERT A. SWEETAPPLE, ESQUIRE
10 Tel: 561-392-1230
11
Jones, Foster, Johnston & Stubbs, P.A.
12 505 South Flagler Drive
Suite 1100
13 West Palm Beach, Florida 33402
BY: JOANNE M. O'CONNOR, ESQUIRE
14 Tel: 561-659-3000
15
16
17
18
19
20
21
22
23
24
25
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
93
1
I N D E
X
2
TESTIMONY OF MARTIN O'BOYLE
Page
3
Cross -Examination by Mr.
Sweetapple
96
4
Redirect Examination by
Mr. Taylor
116
5
TESTIMONY OF RITA TAYLOR
6
Direct Examination by Ms.
O'Connor
137
7
Cross Examination by Mr.
O'Boyle
168
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
95
1 (Start of Volume II.)
2 THE COURT: Thank you. You may be seated.
3 So we'll continue with the
4 cross-examination of Mr. O'Boyle. Thank you.
5 MR. SWEETAPPLE: May it please the court.
6 THE COURT: Yes.
7 MR. SWEETAPPLE: Your Honor, I do have the
8 written copy of the defendant's request for
9 judicial notice which requests the Court take
10 judicial notice of cases that were filed by
11 Mr. O'Boyle, Stop Dirty Government, CG
12 Acquisitions, Asset Enhancements. And I have
13 the copies of the cases here.
14 MR. TAYLOR: Your Honor --
15 MR. SWEETAPPLE: If I could approach the
16 witness, I'm going to be asking him questions
17 from that list.
18 MR. TAYLOR: Your Honor, I would just like
19 to state that if Mr. Sweetapple wants to move
20 the Court to take judicial notice of this, in
21 this list there are several plaintiffs who
22 were not party to this case. There's a Stop
23 Dirty Government, CG Acquisition, Asset
24 Enhancement. I just don't --
25 MR. SWEETAPPLE: I'm going to elicit from
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
rm
1 the witness his involvement with these
2 entities which shows up in the public records
3 and for purpose of the -- well, I'm going to
4 be showing that in the record. I'll be happy
5 to do that first.
6 THE COURT: This is defendant's request
7 for judicial notice filed September 10, 2016,
8 listing cases 1 through 21, state court and
9 federal court cases, and the objection is
10 relevancy.
11 The Court takes judicial notice as to
12 cases 1 through 3, 5 through 7, 9, 10, 12 --
13 12 through 21. All of those cases involve
14 Martin E. O'Boyle and the Town of Gulf Stream
15 as parties.
16 MR. SWEETAPPLE: That's correct.
17 THE COURT: I did not take judicial notice
18 of the cases where Martin E. O'Boyle is not a
19 party, a named party.
20 MR. SWEETAPPLE: May I proceed, Your
21 Honor?
22 THE COURT: You may.
23 MR. SWEETAPPLE: May it please the court.
24 CROSS-EXAMINATION (Continued)
25 BY MR. SWEETAPPLE:
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
97
1 Q. With regard to number four on the
2 defendant's request for judicial notice that I
3 handed you, Mr. O'Boyle, are you affiliated in any
4 way with Stop Dirty Government, LLC?
5 MR. TAYLOR: Objection, Your Honor.
6 THE WITNESS: Yes.
7 MR. TAYLOR: Again, number four, Stop
8 Dirty Government, that you've already said you
9 are not going to take judicial notice of.
10 It's pretty much irrelevant.
11 THE COURT: Overruled. The question is
12 designed to lay the predicate for relevancy.
13 You may answer the question. So the
14 question was, are you affiliated with the
15 entity Stop Dirty Government, LLC.
16 THE WITNESS: I believe so.
17 BY MR. SWEETAPPLE:
18 Q. In what capacity are you affiliated?
19 A. I don't know.
20 Q. You don't remember?
21 A. No, I said I don't know.
22 Q. Did you ever know?
23 A. Maybe not. I don't know. We have a
24 hundred --
25 Q. You can't remember if you ever knew if you
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
MR
1 were involved with Stop Dirty Government?
2 A. I'm not going to be badgered,
3 Mr. Sweetapple. Please accept my answer.
4 Q. Well, I'm trying to probe into the
5 strength of your recollection now.
6 What was your involvement with Stop Dirty
7 Government? Were you an officer?
8 A. Stop Dirty Government is an entity in my
9 office. Whether I'm an officer, a stockholder or a
10 director or some other role, I don't know, but it's
11 an entity in my office.
12 Q. Okay. And what about Asset Enhancement,
13 Inc., are you affiliated with that in any way?
14 A. I am not sure Asset Enhancement exists,
15 but if it does, the answer is yes.
16 Q. Okay. Asset Enhancement, Inc. is a
17 plaintiff in cases that you have filed, isn't it?
18 A. Well, it's on item number 11 if that's
19 your question.
20 Q. Has it filed any other lawsuits?
21 MR. TAYLOR: Your Honor --
22 MR. SWEETAPPLE: I'll withdraw that.
23 BY MR. SWEETAPPLE:
24 Q. Are you aware of whether or not you have
25 been a co -plaintiff with Asset Enhancement on a
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
1 lawsuit?
2 MR. TAYLOR: Objection, Your Honor. I
3 would object to relevance. The probative
4 value --
5 THE COURT: Sustained.
6 MR. SWEETAPPLE: I'm going to his
7 recollection, Your Honor.
8 THE COURT: As to the question as posed,
9 you may rephrase the question.
10 BY MR. SWEETAPPLE:
11 Q. Do you recall whether or not you have
12 personally in addition to lawsuit that's listed at
13 number 11 been a co -plaintiff with Asset
14 Enhancement?
15 A. Are you asking me if I recall?
16 Q. Do you recall that?
17 A. I do not. If it's on this sheet and this
18 sheet is correct and it shows that I am, then I
19 would change my answer.
20 Q. And do you see there are 21 lawsuits
21 there?
22 A. Well, I see there's 21 numbered paragraphs
23 and if they are all lawsuits and that is correct,
24 then, yes, 21 of them.
25 Q. Well, didn't you sue me, Joanne O'Connor,
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
100
1 Mayor Morgan and John Randolph along with Asset
2 Enhancement, Inc.?
3 MR. TAYLOR: Objection, Your Honor. This
4 whole line of questioning is irrelevant and
5 it's been confused to the whole issue that's
6 been the point of this case which is a public
7 records request that was made on January 21st,
8 2014, that we allege that they illegally
9 demanded that they make the request in
10 writing. This entire line of questioning is
11 to confuse the issue and it's irrelevant, it's
12 not -- and its probative value, what little
13 probative value there actually is, is far
14 outweighed by such questioning.
15 MR. SWEETAPPLE: Your Honor, I'm merely
16 attempting to show that Mr. O'Boyle testified
17 that he remembered that he sued a couple of
18 the defendants in a certain case and I have
19 refreshed his recollection. I'm going to try
20 to refresh his recollection in that same --
21 THE COURT: Overruled.
22 BY MR. SWEETAPPLE:
23 Q. Mr. O'Boyle, in the case where you didn't
24 remember the Sunshine case, remember that case?
25 A. I do, yes.
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
101
1 Q. And you didn't remember that you sued
2 Joanne O'Connor in that case, did you?
3 A. No, I did not.
4 Q. Did you remember you sued Mayor Morgan?
5 A. I did not.
6 Q. And did you remember you sued John
7 Randolph?
8 A. I didn't remember that I sued anyone,
9 because I didn't remember the Sunshine case.
10 Q. Okay. And did you remember that Asset
11 Enhancement, Inc. was a co -plaintiff with you in
12 that case?
13 A. I didn't remember that.
14 Q. Well, this lawsuit was filed a year after
15 the lawsuit we're here on today by the O'Boyle Law
16 Firm; do you remember that?
17 A. No, but it's quite possible I used the
18 O'Boyle Law Firm along with several other law
19 firms.
20 Q. Well, out of the 21 cases that are on the
21 schedule, do you know how many of them used the
22 O'Boyle Law Firm for?
23 A. No.
24 Q. Let me show you, if I can, a copy of the
25 case, Martin E. O'Boyle, Asset Enhancement versus
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
102
1 Town of Gulf Stream, Scott Morgan, John C.
2 Randolph, Robert Sweetapple and Joanne O'Connor.
3 Its entitled Florida Sunshine and public records
4 laws and for declaratory injunctive relief. It's
5 dated February 12, 2015.
6 Do you recognize this document, sir?
7 A. Yes and no. Yes, meaning, I remember the
8 complaint. No, I don't remember the content.
9 Q. Well, does that refresh your recollection
10 that Asset Enhancement was your co -plaintiff in
11 that case?
12 A. Well, it says it is. Whether it is or
13 not, whether it's been changed, I don't know, but
14 based upon this, if nothing has been changed, then
15 the answer is yes.
16 Q. And you do now recall that you sued all
17 these people?
18 A. Well, I do now recall that that document,
19 if it's true and correct, shows that I sued certain
20 people.
21 Q. So you or your entities have filed at
22 least 20 lawsuits in the last two years?
23 MR. TAYLOR: Objection; relevance.
24 BY MR. SWEETAPPLE:
25 Q. That are directed to the Town of Gulf
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
103
1 Stream, right?
2
THE COURT: The objection of relevancy is
3
overruled.
It relates to possible impeachment
4
as
to believability of the witness.
5
You may answer the question.
6
THE WITNESS: I'm sorry, Your Honor?
7
THE COURT: You may answer the question.
8
THE WITNESS: Okay. What was the question
9
again,
Mr. Sweetapple?
10
BY MR.
SWEETAPPLE:
11
Q.
You admit, do you not, that you have
12
filed,
you or your entities, have filed at least 20
13
lawsuits
that name the Town of Gulf Stream as
14
defendants?
15
A.
In the last two years, that's what you
16
said?
17
Q.
Yes.
18
A.
The answer no.
19
Q.
You don't recall that?
20
A.
I don't agree with it.
21
Q.
And CG Acquisitions Company, is that one
22
of your
companies?
23
A.
That's a company that is in my office, so
24
to speak.
25
Q.
What does that mean "in my office"?
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
104
1
A.
That means that our accountant, or
our
2
secretary or our corporate person -- that's
where
3
the mail
will come would be the best way to
say it.
4
Q.
Well, are you affiliated with CG
No, no, I didn't.
5
Acquisitions
in any way?
18
6
A.
I know of CG Acquisition because I've
seen
7
the name.
Yes, it is.
21
8
Q.
Are you affiliated in the public records
9
with that
entity, Mr. O'Boyle?
at commercegroup.com.
10
A.
I don't know what you mean, am I
11 affiliated.
12
Q.
Are you shown as an officer or resident
13
agent,
a member?
14
A.
The answer is I don't know.
15
Q.
Did you know at one time?
16
A.
No, no, I didn't.
17
Q.
What about Commerce Group, Inc., number
18
12, Commerce Group, Inc., that's one of the
19
plaintiffs,
that's one of your entities, isn't it?
20
A.
Yes, it is.
21
Q.
And, in fact, when you look at the log and
22
you see
requests, the response often says records
23
at commercegroup.com.
That's your address, isn't
24
it?
25
A.
Say that again, sir.
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
105
1 Q. In the log of the Town that has hundreds
2 and hundreds and hundreds of requests that say
3 response records at commercegroup.com, that's your
4 entity, isn't it?
5 A. May I see it?
6 Q. Sure.
7 To just give you an example.
8 A. May I see?
9 Q. I'm going to show you the requests that
10 are number 889 through 903 that were all filed on
11 May 13th and three of them on May 14th. They all
12 say records of commercegroup.com. Isn't that your
13 email address, Mr. O'Boyle?
14 A. Is this where the hundreds and hundreds
15 are or is that a different log?
16 Q. In that log, yes, there are hundreds and
17 hundreds.
18 MR. TAYLOR: Objection, Your Honor. I'm
19 going to object to the characterization of the
20 question of hundreds and hundreds and
21 hundreds.
22 MR. SWEETAPPLE: Well, I'll show the Court
23 during closing all the requests.
24 BY MR. SWEETAPPLE:
25 Q. But that address is your address, isn't
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
106
1 it, Mr. O'Boyle?
2 THE COURT: Are you referring to the log
3 that's been identified as Joint Exhibit
4 Number 3?
5 MR. SWEETAPPLE: Yes, Your Honor.
6 THE COURT: Okay. All right.
7 MR. SWEETAPPLE: And I gave, for the
8 record, just the numbers of those requests,
9 but you could pick any page and you'll see
10 them.
11 THE COURT: Overruled then.
12 BY MR. SWEETAPPLE:
13 Q. I have that email address
14 records@commercegroup. That's the same Commerce
15 Group that's listed in number 12 in the request for
16 judicial notice in the Martin E. O'Boyle, Airline
17 Highway Commerce Group lawsuit, right?
18 A. I don't see Commerce Group listed at all.
19 Q. Look at where the response is supposed to
20 be sent to. You see right here? Can you read
21 that?
22 A. Yes. Yes, I can.
23 Q. Commerce. You see that? What's that say?
24 A. It says records at commerce-group.com, but
25 that's not the address.
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
107
1
Q.
That's your email address, isn't it,
2
Mr. O'Boyle?
3
A.
No, it's not, sir.
4
Q.
Is that email address yours?
5
A.
No, sir.
6
Q.
Is that a website -- what is that -- are
7
you affiliated with records at commercegroup.com?
8
A.
I am not.
9
Q.
Where does that email address go?
10
A.
To one of the young ladies in the office.
11
Not to
me.
12
Q.
That works for you?
13
A.
That works for one of the companies in the
14
office,
yes.
15
Q.
Works for Commerce Group?
16
A.
Works for one of the companies in the
17
office.
18
Q.
Who is the young lady or the young ladies
19
that send
these emails out from your office?
20
A.
Probably Brenda Russel. I know she works
21
with Rita
very well.
22
Q.
And is she paid by Commerce Group?
23
A.
No.
24
Q.
Who is she paid by?
25
A.
I believe CRO Realty, Inc.
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
HE
1 Q. And are you an officer or a member of
2 Commerce Group?
3 A. I don't know that I'm quite familiar with
4 it and emanates out of my office.
5 Q. You've been running it for decades,
6 haven't you?
7 A. No.
8 MR. TAYLOR: Objection, Your Honor. This
9 whole line is irrelevant and the probative
10 value is strongly outweighed by its
11 prejudicial value.
12 THE COURT: Overruled.
13 BY MR. SWEETAPPLE:
14 Q. Take a look at Exhibit 5 in that notebook,
15 Mr. O'Boyle. Well, before you do that, when you
16 submitted the request in this case, what address
17 did you ask to have the documents sent to -- Strike
18 that.
19 Let me ask you this. Do you remember the
20 contact information you used with your request
21 number 433 which was the ninth request you
22 submitted to the Town on January 21st, 2014?
23 A. I'll take a moment.
24 Q. You have to look to see?
25 A. Yes, I have to look to see.
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
109
1 Q. You don't recall sitting here your contact
2 information?
3 MR. TAYLOR: Your Honor -- Your Honor --
4 THE COURT: Legal objection?
5 MR. TAYLOR: I'm sorry?
6 THE COURT: What's the legal objection?
7 MR. TAYLOR: Your Honor, he's not allowing
8 my client to answer. He's badgering. He's
9 frankly harassing the witness.
10 THE COURT: The objection not allowing the
11 witness to answer before asking the next
12 question is sustained.
13 So just wait a moment and then respond and
14 then the next question will follow.
15 BY MR. SWEETAPPLE:
16 Q. Let me withdraw that.
17 Can you recall, Mr. O'Boyle, without
18 looking at the document, the contact information
19 that you provided with regard to the written
20 request you submitted on January 21st, 2014?
21 A. It would be on our typical form and I just
22 don't remember what it is, but I can look at my
23 typical form in 20 seconds and give you the answer,
24 if you are looking for the answer.
25 Q. Didn't you use records at
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
110
1 commercegroup.com as your email address on this
2 request?
3 A. I think that's on every request. Whether
4 it be to -- whether it be to whoever, I think
5 that's on the request.
6 Q. In fact, it's on all the requests that you
7 provided on January 21st, 2014, right?
8 A. I would have to see them.
9 Q. You don't remember that you used that on
10 every request you've submitted hundreds and
11 hundreds and hundreds of times?
12 MR. TAYLOR: Objection; asked and
13 answered.
14 THE COURT: Sustained.
15 BY MR. SWEETAPPLE:
16 Q. Do you remember that you've used that
17 request on all of the requests that were --
18 MR. TAYLOR: Objection; asked and
19 answered.
20 BY MR. SWEETAPPLE:
21 Q. -- January 21st, 2014, without looking at
22 the request?
23 A. Without looking --
24 THE COURT: Overruled.
25 THE WITNESS: I'm sorry?
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
111
1 THE COURT: Yes, you may answer.
2 THE WITNESS: Without looking at the
3 request, no, and with all due respect, I would
4 like to help you, but you got to help me.
5 BY MR. SWEETAPPLE:
6 Q. Mr. O'Boyle, do you remember that you
7 filed an amended complaint and mentioned the verbal
8 request for records for the first time in a
9 pleading in September of 2014?
10 MR. TAYLOR: Objection, Your Honor, asked
11 and answered. We've been over this
12 previously.
13 THE COURT: Sustained.
14 BY MR. SWEETAPPLE:
15 Q. When you filed the amended complaint in
16 this case and alleged for the first time the claim
17 regarding a verbal request, you had already
18 received the records from the Town, correct?
19 A. I'm sorry, can you say -- I think the
20 answer is yes, but can you just say it again?
21 Q. When you filed the amended complaint in
22 this case and mentioned for the first time that you
23 had made a verbal request for records, you had long
24 since received the document that you had requested,
25 right?
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
112
1 A. Well, I think your question is skewed. I
2 think your question is skewed. The answer is we
3 filed a request on January -- I'm sorry, filed a
4 lawsuit on January 22nd. I believe that that dealt
5 with the items at hand and I think in September,
6 maybe a little before then, we amended for clarity
7 on the verbal request, if I'm remembering it right.
8 I'm not looking at anything.
9 Q. So you are now telling the Court you
10 believe the verbal request was mentioned in the
11 original complaint?
12 MR. TAYLOR: Mischaracterization of his
13 testimony, Your Honor.
14 THE COURT: Overruled. You may answer.
15 THE WITNESS: I've already answered that,
16 but I'll answer it again. If you remember, I
17 told you that there was a component. Remember
18 I used the word component of the initial
19 complaint?
20 BY MR. SWEETAPPLE:
21 Q. Well, I'm going to show you the initial
22 complaint.
23 A. I have it here.
24 Q. Okay. I think it's in the book at Tab 1
25 and would you show us where anything about a verbal
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
113
1 public records request is mentioned in the verified
2 complaint that you filed?
3 MR. TAYLOR: Objection, Your Honor.
4 MR. SWEETAPPLE: In this case.
5 MR. TAYLOR: Asked and answered. Again,
6 we've been over this.
7 THE COURT: Sustained.
8 MR. SWEETAPPLE: Was that sustained?
9 THE COURT: Yes. We did cover this in the
10 first hour of the hearing.
11 MR. SWEETAPPLE: Okay.
12 BY MR. SWEETAPPLE:
13 Q. Now, do you acknowledge that in June of
14 this year, federal magistrate Judge Matthewman
15 found that you had made false statements on the
16 record in a federal case?
17 MR. TAYLOR: Your Honor, I have to object
18 to relevance. This is prejudicial value is
19 outweighed by probative value and also I
20 believe it's a mischaracterization of what the
21 order said.
22 THE COURT: Response?
23 MR. SWEETAPPLE: I'm just trying to
24 impeach him based on a document. I want to
25 know if he acknowledges that a federal
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
114
1 magistrate judge approximately three months
2 ago found that he had made false statements on
3 the record in a pending federal case.
4 MR. TAYLOR: Again, Your Honor, the
5 objection still stands.
6 THE COURT: The objection is sustained.
7 BY MR. SWEETAPPLE:
8 Q. And did you file a motion for rehearing in
9 the federal case on July 6, 2016, stating, "the
10 Court's written suggestion that I've engaged in
11 conduct that's either dishonest or borderline
12 illegal if it stands will have permanent
13 deleterious effect on me and my reputation".
14 MR. TAYLOR: Objection, Your Honor, same
15 grounds. I believe you've already gone over
16 it.
17 THE COURT: Sustained.
18 MR. SWEETAPPLE: You indicated you
19 wouldn't take judicial notice, but that I
20 could -- I would have leave to attempt to do
21 it on cross-examination.
22 THE COURT: Right. But I'm not -- the
23 order is not an order of finding, you know.
24 It's not a criminal order. It's not a
25 criminal finding of perjury. It's not in
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1 contempt. Its just --
2 MR. SWEETAPPLE: It's a sanction order.
3 THE COURT: The judge found that he lied
4 before, so that means you're more likely not
5 lying today at that point.
6 MR. SWEETAPPLE: The Court issued
7 sanctions and the Court said that he made
8 false statements in the record.
9 THE COURT: That's the one about the --
10 that's not about this time frame or the
11 records request, right?
12 MR. SWEETAPPLE: This is a case against
13 the Town of Gulf Stream. This is the case
14 where the Court found in a case against this
15 same defendant, my client, that the plaintiff
16 in this case, who was the plaintiff in that
17 case, "proceeded with the charade of
18 Ms. Reese's deposition and made false
19 statements, wasted the time of defense
20 counsel." Went on to say that the Court was
21 imposing sanctions, the Court indicated that
22 he misused a lawyer's name in a summons and
23 other misconduct. Mr. O'Boyle moved for
24 rehearing. The motion for rehearing was
25 denied. This shows a motivation to lie in
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1 order to win in litigation against the Town of
2 Gulf Stream.
3 My theory of defense in this case is that
4 the entire notion of a verbal request is a
5 contrivance, so I just proffer that that would
6 be relevant. And we're dealing with his
7 motive, his motive in the lawsuit, the motive
8 for his testimony. Not the motive with regard
9 to making a public records request.
10 THE COURT: The objection is sustained.
11 MR. SWEETAPPLE: I have no further
12 questions at this time, Your Honor.
13 THE COURT: Thank you. Redirect.
14 REDIRECT EXAMINATION
15 BY MR. TAYLOR:
16 Q. Mr. O'Boyle, Mr. Sweetapple in his earlier
17 questioning referred --
18 A. Please speak up.
19 Q. Can you hear me now?
20 A. Yes.
21 Q. Mr. Sweetapple made reference to a
22 settlement agreement regarding that you had entered
23 in with the City of Gulf Stream, the Town of Gulf
24 Stream. Do you remember the details of that
25 settlement agreement?
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1 A. Settlement agreement?
2 Q. Yes.
3 A. Not all of the details, but the general
4 portions of it. It was probably mid 2013. I had
5 lived in Gulf Stream, I guess, 32 or 33 years at
6 the time. My house, I built it in 1981, so it was
7 an '80s model house that needed to be updated. We
8 put together a team of, I think, some of the best
9 experts in the country. I'm a real estate
10 developer myself. We went to the Town. They
11 denied my approval three to two, and then we, I'm
12 going to say, fought with the Town and the Town
13 acknowledged the errors of their way. They paid me
14 $180,000 towards my cost and we signed a settlement
15 agreement and it included a very heartwarming
16 apology for their conduct.
17 MR. TAYLOR: Okay. One second, Your
18 Honor.
19 MR. SWEETAPPLE: This is not a listed
20 exhibit, Your Honor.
21 MR. TAYLOR: Your Honor --
22 MR. SWEETAPPLE: It's an excerpt from an
23 agreement.
24 MR. TAYLOR: Your Honor, this is a copy of
25 an excerpt of the settlement that
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1 Mr. Sweetapple brought up in his questioning
2 of Mr. O'Boyle. He attempted to link this to
3 his public records request. We've heard
4 testimony that shows that this actually had to
5 deal with a zoning issue. So essentially
6 Mr. Sweetapple first introduced this and I'm
7 simply trying to flush out the facts here.
8 MR. SWEETAPPLE: I'm objecting. This is
9 not a scheduled exhibit. It's an incomplete
10 exhibit. It only has -- it's one page of the
11 exhibit. In fact, the settlement agreement
12 recites the fact there were, I think, 135
13 public records request or some number of
14 requests and lawsuits that were settled. So
15 if he's going to put the exhibit in, I want
16 the complete exhibit, but I would object that
17 it's not listed and it's surprised.
18 THE COURT: Do you have the complete
19 exhibit?
20 MR. O'BOYLE: Your Honor, I can print the
21 complete exhibit, but as I understand -- and I
22 could do that very quickly, but as I
23 understand, Mr. Taylor, you are not going to
24 enter this into evidence?
25 MR. TAYLOR: Well, no. I was essentially
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1 going to --
2 THE COURT: Oh, that's a different --
3 question. You think --
4 MR. TAYLOR: I was going to ask to
5 approach.
6 THE COURT: Well, the witness is not
7 permitted to read -- you can show the witness
8 the document for the purpose of refreshing
9 recollection, but the witness cannot read from
10 a document that's not in evidence.
11 MR. TAYLOR: Understood, Your Honor.
12 THE COURT: Okay.
13 MR. TAYLOR: May I approach?
14 THE COURT: Sure.
15 MR. SWEETAPPLE: Your Honor, I object.
16 He's not indicated he has any problem
17 remembering that there was an apology. He
18 said it was a heartwarming apology. He's
19 showing him a paragraph that has an apology.
20 THE COURT: Well, there has been no need
21 to refresh demonstrated yet, so you may
22 continue with your examination. If there is a
23 need, then you may proceed accordingly.
24 All right. Thank you.
25 BY MR. TAYLOR:
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1 Q. Now, Mr. O'Boyle, after the public records
2 request of the 21st of January, did you speak to
3 your attorneys regarding the occurrence of that
4 date?
5 A. I'm sorry, again, I apologize.
6 Q. After you made the public records request
7 on January 21st of 2014, did you speak to your
8 attorneys, or the attorney who filed this original
9 complaint, prior to them doing so?
10 THE COURT: I know it's a --
11 THE WITNESS: Can you try one more time?
12 THE COURT: Can you use the microphone a
13 little bit more? We need you to --
14 MR. TAYLOR: Yes.
15 THE COURT: -- speak up just a little bit.
16 MR. TAYLOR: Okay.
17 THE COURT: Right. There is a lot of
18 thunder outside and your voice is competing
19 with the thunder.
20 Okay. Thank you.
21 BY MR. TAYLOR:
22 Q. Okay. Can you hear me?
23 A. Yes, I can.
24 Q. After you made the public records request
25 of January 21st of '14 --
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1
A.
Yes.
2
Q.
-- did you speak or have a conversation
3
with the
attorney who filed the original complaint?
4
A.
Yes.
5
Q.
And you advised him of the facts of the
6
case?
7
A.
Well, I advised him of the facts of the
8
case before
we filed suit.
9
Q.
And when did you become aware a suit was
10
filed?
11
A.
I'm going to say pretty close to
12
January
21st, maybe the 23rd, 24th. It all depends
13
if I was
in town or out of town.
14
Q.
And are you aware that a motion for
15
summary
judgment was filed in the case?
16
A.
Yes.
17
Q.
What documents did you sign to support
18
that motion
for summary judgment?
19
A.
I think I signed an affidavit and I think
20
we filed
a -- I'm not sure how to say it -- a reply
21
or response to the summary judgment.
22
Q.
Do you recall the contents of that
23
affidavit?
24
A.
I would have to see it to -- I don't want
25
to mislead you. I would have to see it, if I can.
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1 MR. TAYLOR: May I approach, Your Honor?
2 THE COURT: Yes.
3 BY MR. TAYLOR:
4 Q. It had included that in those two pages.
5 A. Okay. I read it.
6 Q. Okay. Is that the affidavit that was
7 signed in support of the summary judgment?
8 A. It's an affidavit that was -- the answer
9 is I believe so. I'm looking for the specific
10 document, but, yes, I believe so.
11 Q. Okay. And in that affidavit, do you swear
12 that, in fact, you did -- you were made to make the
13 request in writing in lieu of -- after making --
14 orally?
15 A. Can you -- I'm sorry.
16 Q. In that affidavit, do you state that the
17 Town required you to make your request in writing
18 after you made it orally?
19 A. Yes.
20 Q. Could you simply read the portion of the
21 affidavit in which you state that?
22 A. I will.
23 "On January 21st, 2014, I went to the town
24 hall, Town of Gulf Stream. While at the town hall,
25 I saw a sign -in sheet on the desk in the front
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1 lobby of the town hall. There was nothing to
2 prevent anyone who walking into the building from
3 seeing all the information on the sign -in sheet. I
4 made a verbal public records request for a copy of
5 the sign -in sheet to the clerk. The clerk
6 responded that in order to get a copy of the
7 sign -in sheet, I would have to make a public
8 records request in writing. After I left the town
9 hall January 21st, I repeated my public records
10 request in writing."
11 Q. And was that affidavit filed before the
12 complaint was amended?
13 A. Yes. It looks like about three months
14 before.
15
Q.
Now, Mr. O'Boyle, going back to
16
January
21st of 2014, the day of the request,
the
17
request
that is the subject of the incident matter.
18
Was that
one request or was it two?
19
A.
I apologize again.
20
Q.
The request that you made on January
21st,
21
2014, at
town hall, and that is the subject of
this
22
lawsuit
that we're here on today, did you make
one
23
request
or is it two?
24
A.
I heard you say one request or --
25
Q.
Okay. On January 21st, regarding the
case
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1 that we're talking about today, regarding the
2 public records request that is the subject of this
3 lawsuit today, was it one request or was it two
4 requests?
5
A.
It was one request made in two fashions.
6
Q.
And, again, why did you make it in two
7
fashions?
8
A.
I was forced to. If I wanted the piece of
9
paper,
the sign -in sheet, that was the only way I
10
was going to get it.
11
Q.
Okay. Now, in his line of questioning,
12
which
you obviously heard Mr. Sweetapple made
13
references
to many lawsuits that had been filed in
14
a specific
time frame. How many lawsuits, how many
15
public
records lawsuits did you file in the month
16
prior
to January 21st of 2014?
17
A.
I've answered this, but zero.
18
Q.
Okay. How about the month before that?
19
A.
I've answered that, zero.
20
Q.
The month before that?
21
A.
I've answered that, zero.
22
Q.
And the month before that?
23
A.
I didn't answer that, but zero.
24
Q.
So if there were testimony today that
25
would
claim that you were filing hundreds and
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
scores and scores of lawsuits, public records
lawsuits to make money or any type of gain, that
person would be a liar, correct?
A. It would -- I don't like to use that word,
it would certainly be an untruth.
Q. And as for public, they've also made the
allegation that you've made many, many public
records requests. Again, how many public records
requests did you make in the six months prior to
January 21st of 2014?
A. I've already answered that, but I'll do it
again, zero.
MR. TAYLOR: No further questions.
THE WITNESS: Thank you.
MR. SWEETAPPLE: Just a few follow-up.
THE COURT: No, that was redirect.
MR. SWEETAPPLE: I want to re -cross.
THE COURT: There was no --
MR. SWEETAPPLE: He went into new areas
of --
THE COURT: No, there weren't any new
areas. Actually, those were repeats of
questions on direct and the witness was
indicating when he responded, I've already
answered that, and then he answered.
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126
1 So that completes the testimony of
2 Mr. O'Boyle. You may step down from the
3 witness stand.
4 Please watch your step, sir.
5 THE WITNESS: Thank you, Your Honor.
6 THE COURT: Thank you.
7 THE WITNESS: Excuse me, what do I do with
8 these?
9 THE COURT: You may leave all of the
10 materials up there. The attorneys will
11 retrieve it.
12 Thank you.
13 THE WITNESS: Okay.
14 THE COURT: There are two steps.
15 MR. TAYLOR: Your Honor, at this time the
16 plaintiff rests.
17 THE COURT: Okay. Thank you.
18 MR. SWEETAPPLE: Your Honor, with regard
19 to motions for involuntary dismissal, I'll
20 just make the motion --
21 THE COURT: One moment. Let's just let
22 the witness --
23 THE WITNESS: Thank you, Your Honor.
24 THE COURT: Thank you.
25 Watch out for the cords, too, in the
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1 middle. Thank you.
2 We've had a few people stumble earlier
3 this week.
4 All right. So the plaintiff has rested.
5 In terms of resting now -- there was no formal
6 -- you have this notebook of joint trial
7 exhibits. Are exhibits 1 through 8 being
8 admitted at this point as joint exhibit?
9 MR. TAYLOR: Yes. Yes, Your Honor.
10 THE COURT: Yes. Okay. I just want to
11 make sure the record is clear.
12 So the Court was provided a trial exhibit
13 notebook and it's entitled joint exhibit list
14 for trial. Exhibits 1 through 8 are being
15 entered in evidence as joint exhibits. So
16 obviously, no objection.
17 All right. So I'll hand that to the
18 clerk. So the plaintiff just rested and we
19 will hear a motion from the defense.
20 MR. SWEETAPPLE: Yes, Your Honor. May it
21 please the court.
22 Your Honor, the Town moves for involuntary
23 dismissal. This case is neither a refusal nor
24 unjustified delay. The plaintiff has made it
25 abundantly clear that a request was made for a
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1 document and even if you took what he said as
2 true, that he asked for it orally, and then
3 decided to ask for it in writing without
4 objecting and suing, because he says he didn't
5 get it when he asked for it orally, he decided
6 to ask for the document in writing. And, in
7 fact, the evidence is uncontroverted that
8 within 48 hours of the request, he had the
9 document.
10 He had a letter from the Town that was
11 issued within a day of the response, or the
12 request, actually that day, that said, in
13 essence, whether your request is in writing or
14 verbal, we are going to respond to it within
15 three days.
16 When the Court looks at the number of
17 requests that were pending from Mr. O'Hare,
18 that shows you the burden we were dealing
19 with. He doesn't all of a sudden just cut
20 into the front of the line. There were, I
21 believe, 80 requests on one day from
22 Mr. O'Hare. There were hundreds per month
23 that were pending. Mr. O'Boyle, himself,
24 issued nine written requests.
25 The public records law imposes a duty of
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1 good faith which is a question for the Court
2 to decide based on the circumstances of the
3 case. I'm quoting from Consumer Rights versus
4 Union City, which is a First District case at
5 159 So.3rd 882.
6 It's black letter law that there is no
7 time period to respond. It has to be a
8 reasonable time.
9 Under the circumstances of this case, it
10 can't be deemed anything other than reasonable
11 to provide a letter the day of the request
12 saying verbal or written responses are
13 responded to in three days and then two days
14 after the request is made, without even
15 knowledge that a lawsuit had been filed, there
16 is a complete response.
17 The lawsuit was amended in September, we
18 allege, solely to making an entirely different
19 claim regarding a request that was not the
20 subject matter of the first lawsuit, an oral
21 request. They couldn't even amend this
22 complaint to have jurisdiction over some other
23 request. So he even admits, Mr. O'Boyle
24 admits, it's the same request. Because had he
25 said when Mr. Taylor asked him, were these two
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1 different requests, then he wouldn't have
2 properly amended the case, because the
3 jurisdiction of the court was invoked with
4 regard to a different transaction or
5 occurrence. Instead, Mr. O'Boyle testified
6 that it was the same request in a different
7 form. So then there's only one request that
8 the Court's looking at and that request was
9 responded to. And it was responded to more
10 than timely.
11 This lawsuit was amended to bolster a
12 claim for attorneys' fees. There's no prima
13 facia case that the Town of Gulf Stream, in
14 any way, unjustifiably refused to provide a
15 record, nor that they delayed in providing a
16 record.
17 So I ask that the Court dismiss the case,
18 Your Honor.
19 Thank you.
20 THE COURT: Thank you, very much.
21 Response.
22 MR. TAYLOR: If it please the court.
23 Your Honor, I respectfully request that
24 this Court deny the defendant's motion for
25 involuntary dismissal. I think there's --
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1 again, I think there's being a -- there's a
2 confusion of what is actually being pled here.
3 What's being pled here is that my client,
4 Mr. O'Boyle, made a request verbally. He made
5 a verbal request that was not responded to
6 initially because the Town, the Town's
7 officials and the town clerk, told him to make
8 the request in writing.
9 Based on the defendant's interrogatories
10 and based on the trial log, trial memorandum
11 which we provided case law, it's undisputed
12 that that is illegal and you cannot place that
13 burden or that type of a requirement on
14 someone who makes a public records.
15 In their request or in interrogatory 12,
16 the question is, is it the defendant's
17 contentions they are entitled to demand that
18 public records requests be made in writing.
19 If so, please state all the facts and
20 applicable law which support that contention.
21 They answer with a simple no. So the Town
22 recognizes it's wrong, but the elements that
23 we have sought prove that my client,
24 Mr. O'Boyle, has testified to is that he's
25 made a public records request, that's
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1 undisputed by his side. What's disputed is,
2 and they are saying he did not -- he wasn't
3 even at the town clerk on the day this
4 happened. My client has provided testimony
5 that says he was there. In fact, he was not
6 when he asked for the records that were six
7 feet away verbally, he was not provided those
8 records and that he was made to put it in
9 writing. So what my does client do? He went
10 home or he went to his office and he put the
11 request in writing, that doesn't excuse the
12 illegal condition that the defendant and the
13 Town placed upon my client. Therefore, in
14 this case, even per the pretrial stipulation
15 as well as the facts that are outlined in the
16 trial memorandum and my client's testimony,
17 Your Honor, I would respectfully submit that
18 we have provided prime facia case that shows
19 that the Town did, in fact, violate Chapter
20 119 Florida Statutes by placing this illegal
21 request and this illegal demand on my client
22 to make his request in writing, when they
23 simply could have handed him the documentation
24 after running it off.
25 So again, Your Honor, we respectfully
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1 request that their motion for involuntary
2 dismissal be denied.
3 THE COURT: Reply.
4 MR. SWEETAPPLE: Well, Your Honor, when
5 you look at the pretrial stipulation, they
6 stipulate that this was based on a single
7 public records request and that the only
8 record response to the request was produced on
9 January 23, 2014. What's in evidence is a
10 response to a written request.
11 So they've stipulated that the only
12 request that was made was responded to. The
13 only response that was responded to was in
14 writing. So I think they've stipulated even
15 in the pretrial, if the Court looks at the
16 pretrial in the first two sentences to an
17 involuntary dismissal.
18 They say the only record response to the
19 request was produced, so they're saying that
20 was responsive to the verbal request. If they
21 are referring to the -- based on a single
22 public record request by O'Boyle to the Town
23 on January 21st, so if that's the verbal
24 request that's in the amended complaint, there
25 was a record responsive to the request that
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1 was produced two days later. So they've
2 stipulated there's a response to the verbal
3 request. If they are saying -- if they are
4 referring to the written request, then they
5 are saying that the record responsive to the
6 written request, the only record responsive to
7 the written request was provided on
8 January 23rd, in which case the single public
9 records request was a written one, not a
10 verbal one.
11 The bottom line is, even if there was a
12 verbal one made, they would have merged in his
13 writing. He didn't say I made a verbal
14 request, I'm suing you, you didn't give it to
15 me. What he's saying is, I demanded a verbal
16 request, you didn't process it, so I gave it
17 to you in writing and then you processed it
18 and when you processed it, you only -- that
19 was really only processing the written
20 request, it wasn't processing the verbal
21 request.
22 Clearly, as the plaintiff has established
23 through his own attorney's testimony, there
24 was only one request. First, he made it
25 verbally and then he made it in writing.
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1 The issue for the Court is really very
2 simple and it's as a matter of law, was that
3 one request that he says was made in two
4 forms, was there a delayed response, was there
5 no response to the request. The record is
6 crystal clear; there was a letter within four
7 hours of either the verbal request or the
8 written request or both of them saying we'll
9 respond to you within three days and the next
10 day there was a response.
11 Mr. O'Boyle is saying, I was there and I
12 asked for a record as of 11 in the morning and
13 then I started writing at 12, emailing at 12.
14 So he's saying well, I didn't get it within an
15 hour so therefore it's unreasonable under his
16 theory of the case. It's not unreasonable.
17 He doesn't have to be processed within an
18 hour. Verbal request, if they are given, are
19 also docketed. So he's basically by pretrial
20 stipulation and by his testimony said there's
21 one request that was made, it was made in two
22 different forms, it was made within an hour of
23 the verbal, the written was made, and it was
24 responded to and now he wants you to say well,
25 it was only responded to in the written form,
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1 not in the verbal form, so, gotcha, I want to
2 get attorneys' fees, which is what all of this
3 is about. This is what this is about.
4 So, Your Honor, with all due respect we
5 ask that the Court involuntarily dismiss based
6 on the plaintiff's own admission the joint
7 pretrial stipulation and the undisputed
8 records which are in evidence that this one
9 request, in whatever form it was put in, was
10 responded to immediately.
11 Thank you.
12 MR. TAYLOR: Your Honor, if I may.
13 THE COURT: You do not have to further
14 respond. The moving party gets to speak last.
15 Based upon the Court's review of the
16 exhibits, the testimony, and the joint
17 pretrial stipulation, the motion for
18 involuntarily dismissal is denied.
19 We'll proceed with the defendant's side of
20 the case.
21 MS. O'CONNOR: The Town calls Ms. Rita
22 Taylor.
23 Your Honor, may I approach?
24 THE COURT: Sure.
25 I will administer the oath to the witness.
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1
Good afternoon.
2
THE WITNESS: Good afternoon.
3
THE COURT: Do you swear or affirm that
4
the
evidence you are about to give is the
5
truth,
the whole truth, and nothing but the
6
truth?
7
THE WITNESS: I do.
8
THE COURT: Thank you.
9
You may inquire.
10
DIRECT EXAMINATION
11
BY MS.
O'CONNOR:
12
Q.
Good morning, Ms. Taylor.
13
Could you please state your name and
14
employment
address for the record.
15
A.
Rita L. Taylor. My employment address is
16
100 Sea
Road, that's S -E-A, Gulf Stream, Florida
17
33483.
18
Q.
Ms. Taylor, how are you employed?
19
A.
I'm town clerk for the Town of Gulf
20
Stream.
21
Q.
How long have you served as the town clerk
22
for the
Town of Gulf Stream?
23
A.
24, 25 years.
24
Q.
And can you describe for the Court,
25
generally,
your responsibilities as town clerk.
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1 A. I'm responsible for preparing agendas,
2 doing the minutes, keeper of the records, waiting
3 on customers for whatever questions they may have.
4 Q. Okay. And the Town of Gulf Stream, how
5 many square miles is the Town of Gulf Stream?
6 A. Offhand --
7 MR. TAYLOR: Objection, Your Honor,
8
relevance.
9
THE COURT: Overruled.
10
You may answer.
11
THE WITNESS: Two, two
and a half
12
probably.
13
BY MS. O'CONNOR:
14
Q. How many residents live
in the Town of
15
Gulf Stream?
16
A. Less, just under a thousand.
17
Q. And in late -- well, in
2013 and 2014, how
18
many employees were there at the
town hall in the
19
Town of Gulf Stream?
20
A. In the town hall? One,
two, three --
21
four.
22
Q. Okay. And that would have included
23
yourself?
24
A. Yes.
25
Q. And who else?
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1 A. Town manager and two assistant clerks or
2 assistants to the clerk, I guess. One is an
3 accountant.
4 Q. Now, before we get into some of the
5 background leading up to this records request, I
6 wanted to kind of cut to the chase because you've
7 been sitting here as a town representative and
8 you've heard Mr. O'Boyle testify that you told him
9 on January 21st, 2014, that you would not accept
10 his request for this lobby sign -in sheet unless he
11 put it in writing. Do you recall that testimony?
12 A. I heard that.
13 Q. Did you ever tell Mr. O'Boyle on
14 January 21st, 2014, that that request had to be put
15 in writing or the Town would refuse to respond?
16 A. No, the Town never refuses to respond.
17 Q. Have you ever told Mr. O'Boyle that any
18 public records request made by him would only be
19 processed by the Town if he put it in writing?
20 A. No.
21 Q. And, in fact, have there been -- do you
22 recall any occasions when Mr. O'Boyle has, in fact,
23 made verbal public records requests to which the
24 Town has responded?
25 A. Yes.
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1 Q. Can you tell me a little bit about those
2 circumstances.
3 A. Yes. One was early on. He came in with
4 another gentleman. There had been a meeting and
5 some exhibits distributed on 11 by 17 paper. After
6 the meeting was over, Mr. O'Boyle and the gentleman
7 approached my office, I still had the materials,
8 and they had asked for copies of them. I went to
9 the Xerox machine and made the copies, came back
10 and told them how much they would be and told them
11 that they were getting a bargain and they paid me
12 and took the copies and left.
13 Another time was after -- while another
14 meeting was going on, I was doing the minutes in
15 the meeting and I was called out of the meeting.
16 Mr. O'Boyle was approaching my office, which was on
17 the other side of the building, and I was asked to
18 see what he wanted and I asked him and he said I
19 want a copy of every item that's on your desk and I
20 want it now. And I told him that I was taking
21 minutes in the meeting and he was not going to get
22 it right now. He never came back.
23 Q. But as that request for documents on your
24 desk, you never told Mr. O'Boyle that he had to put
25 that request in writing?
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1
A.
I did not.
2
Q.
You simply told him that you did not have
3
the ability
to provide them to him at that exact
4
moment?
5
A.
I was taking minutes in a minute that was
6
ongoing.
7
Q.
Let me turn your attention to the year
8
2013. Do
you recall a time in 2013 when the Town
9
began to
receive an unusually high number of public
10
records
requests?
11
A.
I do.
12
Q.
And can you tell the Court about what
13
happened
in 2013 when the Town began to receive a
14
high number of public records requests?
15
MR. TAYLOR: Objection; relevance.
16
THE COURT: Overruled.
17
You may answer.
18
THE WITNESS: I was -- would you repeat
19
that
again?
20
BY MS. O'CONNOR:
21
Q.
Sure.
22
A.
I lost my train of thought.
23
Q.
You indicated that there was a time period
24
in 2013 when the Town began to receive an unusually
25
high number of public records requests. Can you
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1 tell us about what was happening in the Town?
2 A. Yes. I was the only one handling the
3 public records at that time. It was overwhelming.
4 I had other duties to do as well. I just could not
5 keep ahead of them. We had to have extra help.
6 Q. Do you recall who was making public
7 records requests in 2013?
8 A. Mr. O'Boyle.
9 Q. And you heard Mr. O'Boyle testify that for
10 the period of six months prior to January 2014, he
11 hadn't made any public records requests. Was there
12 a time period earlier in 2013 when he was making
13 records requests?
14 A. Oh, yes.
15 Q. And do you recall when that was, whether
16 it was the spring or the summer of 2013 or some
17 other time?
18 A. I believe -- well, it was after his
19 hearing. I believe it might have been late winter,
20 early spring, in summer, early summer.
21 Q. And when you say you were receiving so
22 many requests you couldn't keep up, can you give
23 the Court an understanding of was it dozens of
24 requests, hundreds of requests, thousands of
25 requests, if you can recall?
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1 A. Well, just as an example, in one day I had
2 320.
3 Q. And were these requests -- did Mr. O'Boyle
4 start making these requests to the Town after he
5 had been denied an approval for his home?
6 A. Yes.
7 Q. Were there any public records lawsuits
8 that arose out of these hundreds of public records
9 requests that were made by Mr. O'Boyle in 2013?
10 A. Yes, there were.
11 Q. Do you recall how many lawsuits?
12 A. I don't recall offhand, but there was
13 quite a few.
14 Q. Okay. And at some point in the summer of
15 2013, did the Town enter into a settlement
16 agreement with Mr. O'Boyle?
17 A. They did.
18 Q. And was there a period of time where the
19 records requests, this unusually high number of
20 records requests, did that stop for any period of
21 time after the settlement agreement?
22 A. Yes, it did.
23 Q. And for how long did the unusually high
24 number of public records requests stop coming in to
25 the Town?
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1
A.
Well, it seemed like to me it was about
2
two months, but I'm not exactly sure about that.
3
It could have been like a few weeks.
4
Q.
Okay. And then after the two months
5
stopped,
what happened?
6
A.
It all broke loose again.
7
Q.
And let me ask you to turn in the
8
notebook, please, to Tab 2.
9
Do you see that document marked public
10
records
request log?
11
A.
I do.
12
Q.
Do you recognize that document?
13
A.
It's a copy of the logs that we make.
14
Q.
And is this a log that's maintained by
15
your office?
16
A.
Yes.
17
Q.
And can you describe for the Court what it
18
reflects
in terms of the various columns?
19
A.
Well, it has the date that the public
20
records
request was received, who received it, who
21
the requester
was, how they were responded to,
22
like, by
email or whatever, the date on the public
23
records
request, and the email or the mailing
24
address
created or received by the Town on the
25
document.
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1
Q.
Okay. And was this creation of this log
2
and kind of the logging of requests as they came
3
in, was
this a procedure that the Town instituted
4
in August 2013 when this next round of public
5
records
request started to come in?
6
A.
It was.
7
Q.
This wasn't something that you had done
8
back in
the winter or spring of 2013?
9
A.
No, no.
10
Q.
Okay. And was the Town logging all
11
requests
that were made to it, whether written,
12
verbal,
by fax, email, etcetera?
13
A.
Everything was logged.
14
Q.
And you accepted all of the manners of
15
submission,
correct?
16
A.
Yes, ma'am.
17
Q.
The Town didn't refuse to accept a verbal
18
public records
request?
19
A.
No.
20
Q.
Did you ever dictate to a requester how a
21
public records
request had to be made?
22
A.
No.
23
Q.
So if we look at this first page of the
24
log, it
appears that the first entry, the date
25
received,
indicates August 27, 2013; do you see
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me -
2
A.
Yes, I do.
3
Q.
Does that refresh your recollection that
4
this kind of next wave of public records request
5
began in
late August 2013?
6
A.
Yes.
7
Q.
And if you could go flip through the log
8
and go to
the last page, Page 31 in the bottom
9
right-hand
corner. Do you see where the last
10
request
is dated December 28, 2013?
11
A.
Yes.
12
Q.
And that's logged as request number 465?
13
A.
Yes, it is.
14
Q.
Does that reflect that from August 27,
15
2013 to
December 28, 2013, the Town had received
16
465 public
records request?
17
A.
That's right.
18
Q.
Can you talk to me about whether the Town
19
made any
investments in personnel, processes and
20
services
in the fall of 2013 to deal with what was
21
clearly
hundreds of public records requests coming
22
in?
23
MR. TAYLOR: Objection; relevance.
24
THE WITNESS: We certainly did.
25
THE COURT: Overruled.
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1 You may answer.
2 THE WITNESS: The Town spent considerable
3 amount of money and still are, for that
4 matter. They bought all new equipment, bought
5 the Laserfiche programs, had to buy new
6 servers, hired a part-time -- well, not a
7 part-time person, but a person that was not on
8 our payroll, but we got her through -- what do
9 you call it the, you know --
10 BY MS. O'CONNOR:
11 Q. Temp agency?
12 A. Yes, a temp agency. Sorry.
13 She was put to work filing all of this or
14 entering all of these records on the Laserfiche so
15 that hopefully it would be a help to where the
16 people who had a public records request could go
17 there and find it for themselves and we're still
18 inputting material all this time and that's the
19 only thing that she's ever done for us.
20 Q. And Laserfiche, just so everyone
21 understands, is that a system that allowed you to
22 put Town records on the Town's website
23 electronically?
24 A. That's right.
25 MR. TAYLOR: Objection; leading.
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1 THE COURT: Overruled.
2 BY MS. O'CONNOR:
3 Q. Did the Town also -- Well, strike that.
4 You had indicated that back in the winter
5 or spring of 2013 you were pretty much the only
6 person dealing with hundreds of public records
7 requests that were coming in. Talk to me about the
8 personnel that you were enlisting to assist in the
9 fall of 2013.
10 A. Well, we had to get help from the attorney
11 -- our attorney's office, of course, the other two
12 ladies that worked in our town hall were given
13 certain duties. I was trying to keep a log similar
14 to this, but not on the computer, it was all by
15 hand and getting further and further behind all the
16 time and we sought assistance from the attorney's
17 office and we did have some part-time help from
18 them.
19 Q. Does log that's marked as Joint Exhibit 2,
20 as we look through it, it appears that an
21 overwhelming number of -- well, a number of the
22 requests that were made were made by an individual
23 named Christopher O'Hare?
24 A. Yes, ma'am.
25 Q. Who is Mr. O'Hare?
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1 MR. TAYLOR: Objection, Your Honor,
2 relevance. Mr. O'Hare is not a subject in
3 this matter.
4 THE COURT: Overruled.
5 You may answer the question.
6 THE WITNESS: Mr. O'Hare is also a
7 resident of our Town. He's making large
8 numbers of public records requests after the
9 settlement -- the first -- the settlement that
10 we made with Mr. O'Boyle and he's still making
11 them.
12 BY MS. O'CONNOR:
13 Q. Did Mr. O'Hare also, in the fall of 2013,
14 begin to file lawsuits against the Town over its
15 responses to public records requests including
16 those listed on this log?
17 A. Yes, he did.
18 Q. Okay. On behalf of the Town, were you
19 endeavoring to develop procedures and processes to
20 ensure that requests were processed timely and in
21 accordance with the law?
22 A. Yes, we did.
23 Q. And part of that was you were aware that
24 there was the potential that lawsuits could be
25 filed under these requests?
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1 A. That's right.
2 Q. Were there times when there were requests
3 for things that you thought might be innocuous,
4 say, a request for a holiday card or a photograph
5 that turned out to be -- that you might have kind
6 of looked at and thought, well, no, that's not
7 responsive or yes, that is responsive, but you
8 later learned maybe it was more complicated than
9 you thought?
10 A. Very much so.
11 Q. Can you explain to the Court any, if you
12 have a particular example in mind.
13 A. Yes. It was near the Christmas season and
14 somehow or someone sent little Christmas notes to
15 the Town commissioners and we were having a meeting
16 and put them up by their desk, each one of them,
17 and they had little notes written on them and it
18 was insisted, I believe it was, by Mr. O'Hare that
19 we produce each one of those as a public record and
20 those were really to the commissioners, but when we
21 saw that, yes, they were public records and we had
22 to produce them, we decided that we better get some
23 sort of a policy or something that would dictate
24 just where the line got drawn and we did.
25 Q. And in addition to the personnel that you
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1 referenced, you referenced communications with your
2 outside counsel, did the Town also enlist the
3 assistance of a law student to work at the Town and
4 advise it on public records?
5 A. We did.
6 Q. Was that in the fall of 2013, in the
7 spring of 2014?
8 A. Yes, it was.
9 Q. If you could turn, please, to Joint
10 Exhibit 3, Tab 3 in your notebook. And do you also
11 recognize this document as a log of public records
12 request maintained by your office?
13 A. Yes.
14 Q. And do you see on the first page where it
15 begins with number 466 date received January 3,
16 2014?
17 A. That's right.
18 Q. And if you could flip through to the last
19 page and tell me if this appears to be a log of all
20 the public records request the Town of Gulf Stream
21 received in the year 2014?
22 MR. TAYLOR: Objection, Your Honor. I
23 would submit that any of those requests that
24 are not made by Mr. O'Boyle, made by other
25 people, are irrelevant to this whole matter.
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1
THE COURT: Overruled.
2
Exhibit number 3 is in evidence in a joint
3
exhibit.
4
You may answer the question.
5
THE WITNESS: The number is 1,688.
6
BY MS. O'CONNOR:
7
Q.
Let's talk, if we could, about -- let's
8
focus, then, if we could, on January 2014.
9
What percentage of your time would you say
10
you were
spending dealing with public records
11
requests
in January 2014?
12
A.
At least 40 to 50. That's just my time.
13
Q.
And you had indicated there were two women
14
in your
office who were also working on public
15
records
requests?
16
A.
Yes, one of them almost a hundred percent.
17
Q.
And what was her name?
18
A.
Freda Defrosse.
19
Q.
If you could look at Page 3 of this 2014
20
log. I
direct your attention to request number
21
487. Do
you see an indication there that a request
22
was made
by requester Theodore Zarkhin with a
23
response
email of szarkhin@, Z -A -R -K -H -I -N @
24
pbcoast.com?
25
MR. TAYLOR: Objection, Your Honor,
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1
relevance.
2
THE WITNESS: I see that
here.
3
THE COURT: Overruled.
4
BY MS. O'CONNOR:
5
Q. Was it rare during this time
period in
6
early 2014 that you would receive
a public records
7
request from anyone other than Mr.
O'Hare?
8
A. Yes.
9
Q. You could turn to Page 7
of the log and
10
the request that begins around --
Well, strike
11
that.
12
You could turn to request
488 which starts
13
on Page 3 of the log.
14
A. Okay.
15
Q. And that was a request number
488 that the
16
Town received on January 16, 2014;
is that right?
17
A. That's right.
18
Q. Okay. And if we look at
-- if we go all
19
the way through request number 547
-- so from
20
request 488 to 547, are those all
requests that the
21
Town received on January 16, 2014?
22
A. Yes, they are.
23
Q. So here we are approximately
one week
24
before the public records request
that Mr. O'Boyle
25
made; is that right?
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1 A. Yes.
2 Q. And I would like to look at a couple of
3 these requests. If you could turn to Page 7. Do
4 you see number 525?
5 A. Yes.
6 Q. Can you tell the Court what public records
7 were requested by request number 525 that
8 Mr. O'Hare made?
9 A. Any and all documents, files, photos,
10 folders or other material in digital form that can
11 be reasonably considered a public record, which is
12 located on any and all computers in the personal
13 possession of, or the personal control of Scott
14 Morgan with lawsuit filed.
15 Q. With this, did you consider this a
16 specific request for a specific document?
17 MR. TAYLOR: Objection, Your Honor.
18 Again, these are requests by Mr. O'Hare. I
19 don't see the relevance to Mr. O'Boyle.
20 There's no probative value here.
21 THE COURT: Response.
22 MS. O'CONNOR: Your Honor, the Town was
23 developing a process for responding to the
24 hundreds of public records requests that were
25 made to us. There's been testimony by
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1 Mr. O'Boyle that he took offense at that
2 letter, that acknowledgment letter that the
3 Town sent him on January 21st, advising him
4 that they would respond within three days and
5 so I'm asking the witness about the request
6 that would be made, the types of requests.
7 THE COURT: Objection is overruled.
8 You may answer the question. Restate the
9 question.
10 THE WITNESS: Please.
11 BY MS. O'CONNOR:
12 Q. Did you consider this a specific request
13 for a specific document that you could go pull off
14 a shelf?
15 A. No, this was rather complicated.
16 Q. Was this typical of the types of requests
17 that the Town was receiving and processing during
18 the time period?
19 A. Quite a few of them were, yes.
20 Q. And your staff -- you indicated that
21 Ms. Defrosse was spending close to a hundred
22 percent of her time processing these public records
23 requests?
24 A. Yes, that's right.
25 Q. And if we look at -- let's look at the
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1 requests that were made to the Town on January
2 Well, strike that.
3
If you could turn to Page 10 of the log.
4
A.
Okay.
5
Q.
And do you see at the top of the page
6
there's
one, two, three, four -- six entries for
7
requests
that had been made to the Town on
8
January
18, 2014; do you see those?
9
A.
Yes, I do.
10
Q.
And those appear to be seeking any and all
11
browser
history records of various items; do you
12
see that?
13
A.
Yes, I do.
14
Q.
And those were requests that were made
15
three days
before the request at issue in this
16
lawsuit;
is that right?
17
A.
That's right.
18
Q.
Were there times when requests came in
19
over the
weekend?
20
A.
Oh, often.
21
Q.
And what would you be confronted with on
22
Monday morning?
23
A.
A whole string of them to acknowledge,
24
which is
what we did with everything right in the
25
order that
they were received. They were
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1 acknowledged by a form letter type.
2
Q.
Let's talk about that, since you've raised
3
it. If
you could turn to Joint Exhibit 7.
4
When you say the requests were
5
acknowledged, is Joint Exhibit 7 -- would you
6
consider it acknowledgment of the public records
7
request
that Mr. O'Boyle made for the lobbyist
8
sign -in
log?
9
A.
Yes.
10
Q.
So when you said -- Well, strike that.
11
Is this the standard form acknowledgement
12
that the
Town had developed at or around
13
January
2014 for sending out to requesters in
14
response
to requests that came in?
15
A.
That's right.
16
Q.
Okay. This acknowledgment was emailed by
17
you to records
at Commerce-Group.com on
18
January
21st, 2014 at 3:21 p.m.?
19
A.
That's right.
20
Q.
Okay. And do you see where it says, "if
21
your request
was received in writing, first page of
22
that request
is attached to this cover letter"?
23
A.
Yes.
24
Q.
The request that Mr. O'Boyle had made on
25
January
21st was in fact attached to this intake
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1 cover letter, correct?
2
A.
Yes.
3
Q.
The letter goes on to say, "if your
4
request
was verbal, then the description of your
5
public records
request is set forth in the space
6
below;"
do you see that?
7
A.
I do.
8
Q.
And here the Town had not set forth
9
these --
any verbal request in this space below,
10
correct?
11
A.
That's right.
12
Q.
So you, the Town, clearly at this point in
13
time had
adopted a procedure for acknowledging both
14
verbal and
written public records requests; is that
15
correct.
16
A.
That's right.
17
Q.
And if the request was made to the Town in
18
written
form, you attached the first page of that
19
request
to your acknowledgment and sent it back?
20
A.
We did.
21
Q.
And if the request was verbal, you
22
restated
that request in your acknowledgment
23
letter?
24
A.
Yes.
25
Q.
Okay. Was that to avoid any confusion to
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1 make sure that the -- you were on the same page of
2 the requester if the request had been made
3 verbally?
4 A. Yes.
5 Q. Okay. And let me ask you this. If
6 Mr. O'Boyle made nine public records requests to
7 the Town on January 21st, 2014, would the Town have
8 sent a separate acknowledgment letter in response
9 to each request?
10 A. Yes.
11 Q. And why did the Town do that?
12 A. Well, we were treating each one the same.
13 Q. Okay. Had you ever received any objection
14 from a requester when you had previously tried to
15 aggregate responses?
16 MR. TAYLOR: Objection; leading.
17 THE COURT: Overruled.
18 You may answer the question.
19 THE WITNESS: Yes.
20 BY MS. O'CONNOR:
21 Q. Okay. We can go back to the log. We
22 could go back to Exhibit 3, Page 10, please.
23 We talked about some of the requests that
24 had been coming in to the Town in just the very few
25 days leading up until January 21st when
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1 Mr. O'Boyle's request was made, but let me ask you
2 about a few of the requests that were logged by the
3 Town as having been received on January 21st, 2014.
4 Do you see the first request that's logged
5 on that date is number 560, a request by Louis
6 Roeder on behalf of Chris O'Hare?
7 A. Yes, I do.
8 MR. TAYLOR: Objection; relevance.
9 THE COURT: Overruled.
10 BY MS. O'CONNOR:
11 Q. Do you know who Mr. Roeder is?
12 A. Yes. He's one of the attorneys that
13 represents Mr. O'Hare.
14 Q. Okay. And what was Mr. Roeder -- Well,
15 strike that.
16 Does the fact that this request was logged
17 first on January 21st suggest to you that it was --
18 it was kind of the next in line after number 559?
19 A. Yes.
20 Q. And what was Mr. Roeder asking for by
21 number 560?
22 A. Any and all records of the latest
23 application, verification or periodic audit that
24 confirms the ability of any properties zoned
25 outdoor recreational within the Town of Gulf Stream
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1 to meet the zoning requirements of Section 66-252
2 (1)(b) and that they be owned and operated by the
3 Town or a club which has at least 250 members.
4 Q. Would you expect that it would take some
5 time for the Town to process and respond to this
6 request either with an estimate of the cost of
7 producing records or by gathering the records
8 themselves?
9 A. Yes.
10 Q. And here we are on January 21st, that
11 request number 560, if you look at the first entry
12 on this log the date received is January 3rd, 2014,
13 and it was request number 466. Would you agree
14 with me that almost a hundred public records
15 requests had come in as of January 21st?
16 A. Yes.
17 Q. So then we see that there are a number of
18 requests made by Mr. O'Boyle and there are also
19 some requests made on January 21st, including
20 number 562 by Louis Roeder on behalf of Chris
21 O'Hare; do you see that?
22 A. Yes, I do.
23 Q. Let's look at request number 567, which is
24 one of the requests made by Mr. O'Boyle to your
25 attention. It appears by fax on January 21st; do
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1 you see that?
2 A. I do.
3 Q. What was that request for?
4 A. Please provide copies of all invoices
5 received by the Town of Gulf Stream for John C.
6 Randolph, Esquire of Jones, Foster, Johnston &
7 Stubbs, Attorneys at Law from April the 23rd, 2013
8 through the date of this request.
9 Q. So this is seeking invoices for nearly a
10 nine-month period?
11 A. That's right.
12 Q. Who is Mr. Randolph?
13 A. Mr. Randolph is the town's attorney with
14 Jones Foster.
15 Q. And do you have an understanding of how
16 frequently Mr. Randolph invoices the town for the
17 work that he does?
18 A. Once a month.
19 Q. Okay. So this was seeking nine months
20 worth of invoices from and received by the town
21 attorney?
22 A. That's right.
23 Q. Now, do you have an understanding of
24 whether there are certain exemptions under the
25 Public Records Act for certain protected
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1
information, whether checking account numbers or
2
victim
information or certain attorney exemption
3
material?
4
A.
Yes.
5
Q.
Were you mindful during this time period,
6
again,
of being careful to respond and consult with
7
attorneys
to ensure that records were turned over
8
in accordance
with the law?
9
A.
That's right.
10
Q.
So we see that the request at issue in
11
this lawsuit
appears on the log at number 571, do
12
you see
that, January 21st, 2014, public records
13
number
433?
14
A.
433?
15
Q.
Yes. Well, in the left-hand column, the
16
Town has
it logged as 571.
17
A.
Oh, okay. Yes.
18
Provide a copy of the sign -in sheet on the
19
desk in
the front lobby of the Gulf Stream Town
20
Hall as
it existed at 11 a.m. on January 21st,
21
2014.
22
Q.
And there is a notation here that this
23
request
was made by fax; do you see that?
24
A.
Yes.
25
Q.
You had indicated during this time period
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1 and before that the Town never refused any requests
2 that were made to it verbally, correct?
3
A.
Yes.
4
Q.
If you could turn to Page 16 of the log,
5
request
number 641. Was it part of the Town's
6
procedure
to indicate on the log if a request had
7
been made
verbally?
8
A.
That's right.
9
Q.
Okay. And do you see an indication on
10
request
number 641, which was a request made
11
February
14, 2014, that a verbal request had been
12
made to
you by Christopher O'Hare in person?
13
A.
Yes, it's written in verbal, in person.
14
Q.
I'm sorry, I didn't mean to cut you off.
15
A.
It says verbal, in person.
16
Q.
So the Town was logging requests,
17
regardless
of the manner in which they were made,
18
whether
verbal or written?
19
A.
That's right.
20
Q.
Okay. And can you turn to the next page
21
as well,
request number 653?
22
A.
Yes.
23
Q.
Does that reflect another request that was
24
made verbally to you?
25
A.
It does.
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1 Q. And who made that request?
2 A. Lisa Morgan, in person.
3 Q. The request was made in person. So in
4 addition to that procedure whereby on the intake
5 letter -- Ms. Taylor, in addition to on the intake
6 letter, where you had the procedure where you would
7 restate a request below if it had been made
8 verbally, also in a public records log, there was
9 an effort to identify if a request had been made
10 verbally?
11 A. Absolutely.
12 Q. As they had in the spring of -- Well,
13 strike that.
14 You indicated that out of the hundreds of
15 public records requests made by Mr. O'Hare to the
16 Town in the fall of 2013, there appeared on the log
17 as Exhibit 2, that public records lawsuits were
18 filed out of some of those requests?
19 A. Yes.
20 Q. Do you recall on January 2014 that in
21 addition to processing public records requests and
22 your normal duties that you were also communicating
23 with outside counsel in terms of working on
24 responses to those lawsuits?
25 A. Yes, there was some that needed extra help
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2
Q.
How would you characterize your work -load
3
in January of 2014?
4
A.
Seven days a week.
5
Q.
Were you particularly busy during this
6
time period?
7
A.
Yes.
8
Q.
Ms. Taylor, you had indicated that
9
Ms. Defrosse
was spending a hundred percent of her
10
time on
public records requests in January of 2014,
11
correct?
12
A.
Correct.
13
MR. TAYLOR: Objection; form.
14
THE COURT: Overruled.
15
BY MS.
O'CONNOR:
16
Q.
Does Ms. Defrosse still work for the Town?
17
A.
No, she does not.
18
Q.
When did her employment conclude?
19
A.
Oh, I don't know the exact date.
20
Q.
Was it in 2014?
21
A.
Yes.
22
Q.
Do you know why she concluded her
23
employment
with the Town of Gulf Stream?
24
MR. TAYLOR: Objection, Your Honor.
25
THE COURT: Sustained.
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1 THE WITNESS: Two much stress.
2 THE COURT: Sustained. You don't have to
3 answer the question. You may wait for the
4 next question.
5 MS. O'CONNOR: No further questions, Your
6 Honor.
7 THE COURT: Cross-examination.
8 We've been in the courtroom for about an
9 hour and 30 minutes. It's appropriate to take
10 a brief restroom break out of respect for
11 everyone. We'll take a ten-minute break, give
12 you an opportunity to go use the restrooms and
13 get some water, and so you may as well,
14 Ms. Taylor. You are still on the witness
15 stand.
16 THE WITNESS: Yes, ma'am.
17 THE COURT: You are allowed to leave the
18 witness stand and use the facilities. Just
19 don't talk to anyone about your testimony.
20 THE WITNESS: Of course.
21 THE COURT: Thank you. So just watch your
22 step, please.
23 THE WITNESS: I will.
24 THE COURT: There's two steps and cords in
25 the middle of the courtroom.
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2 THE COURT: We're in recess.
3 (A brief recess was taken, after which the
4 following proceedings were had:)
5 THE COURT: We'll proceed with the
6 cross-examination.
7 MR. O'BOYLE: Yes, Your Honor.
8 CROSS-EXAMINATION
9 BY MR. O'BOYLE:
10 Q. Good afternoon, Ms. Taylor.
11 A. Good afternoon, Mr. O'Boyle.
12 Q. For the record, Jonathan O'Boyle for the
13 Court.
14 A. Thank you.
15 Q. I apologize.
16 Ms. Taylor, we've met before, have we not?
17 A. A time or two.
18 Q. So I know we just took a short break, so
19 I'm going to try to get through things as quickly
20 as possible, sort of wind down today, if possible.
21 You had just testified about a fair amount
22 of public records requests that were made to the
23 town, correct?
24 A. True.
25 Q. And is it lawful for the Town to force a
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
request, to make a request in writing?
MS. O'CONNOR: Objection; calls for a
legal conclusion.
THE COURT: Sustained.
MR. O'BOYLE: Your Honor, I actually have
an interrogatory, as a matter of fact, where
Ms. Taylor swore to this as a factual matter
as the custodian of records.
THE COURT: Right. But you are asking the
witness right now a question that calls for a
legal conclusion.
You may rephrase it.
MR. O'BOYLE: Okay.
BY MR. O'BOYLE:
Q. Is it the Town's contention that they are
entitled to demand public records requests in
writing?
A. No.
Q. And why is the Town not allowed to do
that?
A. 119.
Q. Is that Chapter 119?
A. Yes.
Q. And that's the Florida Public Records Act?
A. Yes.
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170
1
Q.
As you understand it?
2
A.
Yes.
3
Q.
And you, just for the record, you are the
4
clerk of
-- Well, what is your title with the Town
5
of Gulf
Stream?
6
A.
Town clerk.
7
Q.
And you are the custodian of records?
8
A.
That's yes.
9
Q.
And under Chapter 119?
10
A.
Yes.
11
Q.
Okay. You mentioned 2013, a request in
12
2013 and
a gap. Do you remember mentioning the gap
13
in receiving records requests?
14
A.
Yes.
15
Q.
Okay. Can you tell me when was that gap?
16
A.
It was after the settlement with
17
Mr. O'Boyle.
18
Q.
Okay. And the settlement, do you recall
19
there being an apology in that settlement?
20
A.
Yes, there was.
21
Q.
And that was from the Town?
22
A.
Yes.
23
Q.
Issued to Mr. O'Boyle?
24
A.
Yes.
25
Q.
Okay. And after that apology was issued,
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1 how long was it before Mr. O'Boyle started making
2 requests?
3 A. I don't remember exactly, but it was at
4 least two months, maybe a few weeks one way or
5 another.
6 Q. Okay. And when Mr. O'Boyle started back
7 up again, do you remember any requests that he made
8 that were first requests after he started back up?
9 A. Not offhand, no, I don't remember the
10 nature of them. Too many.
11 Q. And why did Mr. O'Boyle start making
12 requests?
13 A. Why did he?
14 Q. Yes.
15 MS. O'CONNOR: Objection; calls for
16 speculation.
17 THE COURT: Sustained.
18 BY MR. O'BOYLE:
19 Q. Do you know why Mr. O'Boyle stopped making
20 requests?
21 A. Not for a fact.
22 Q. Okay. Have you heard anything about --
23 MS. O'CONNOR: Objection; calls for
24 hearsay.
25 MR. O'BOYLE: Well, I'm not quite sure
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1 yet. It could be from the Town.
2 THE COURT: Sustained.
3 BY MR. O'BOYLE:
4 Q. Okay. Ms. Taylor, how does one make a
5 request in bad faith?
6 MS. O'CONNOR: Objection; calls for a
7 legal conclusion.
8 THE COURT: Sustained.
9 BY MR. O'BOYLE:
10 Q. Okay. Ms. Taylor, have you ever seen a
11 request come in to the Town of Gulf Stream that was
12 made with bad faith?
13 MS. O'CONNOR: Objection; calls for a
14 legal conclusion.
15 THE COURT: Sustained.
16 BY MR. O'BOYLE:
17 Q. Okay. Ms. Taylor, have you ever seen a
18 records request come in to the Town that was made
19 with improper motivations?
20 A. As a fact?
21 Q. Sure.
22 A. Or my opinion?
23 Q. Why don't you tell both fact and opinion,
24 if they are different.
25 MS. O'CONNOR: Objection, Your Honor.
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1 THE COURT: Legal objection?
2 MS. O'CONNOR: It calls for speculation
3 and expert testimony about opinion testimony
4 about other people's motivations.
5 MR. O'BOYLE: Your Honor, they have
6 alleged affirmative defense here that requests
7 were made in bad faith and this is the Town's
8 only witness and I can't be prevented from
9 eliciting testimony as to how, what
10 constitutes bad faith, where the factual
11 allegations lie to support this affirmative
12 defense.
13 THE COURT: The objection to the question
14 as framed is sustained. It is calling for an
15 opinion.
16 You need to drill down the question.
17 BY MR. O'BOYLE:
18 Q. Okay. Ms. Taylor, you received a number
19 of requests over the last couple of years, right?
20 A. Yes.
21 Q. Okay. How do you determine the intentions
22 of the requester?
23 MS. O'CONNOR: Objection; calls for
24 speculation, predicate.
25 THE COURT: Overruled.
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1 You may answer the question.
2 THE WITNESS: Repeat the question, please.
3 MR. O'BOYLE: Madam Court Reporter, can
4 you repeat it back? I apologize.
5 (The question referred to was read by the
6 reporter as above recorded.)
7 THE WITNESS: Well, just commonsense, I
8 guess, is the best I can say. I mean, if it
9 isn't something that you know that they are
10 involved in or interested in, if it's
11 something way out in left field, it makes you
12 wonder why it's even being made.
13 BY MR. O'BOYLE:
14 Q. Okay. But isn't it true that a request is
15 just a request?
16 A. Yes, and we have taken -- I have taken all
17 of them seriously and done the best that we could
18 to answer them.
19 Q. Okay. And when I say the motivations --
20 Strike that.
21 Okay. Is there any screening process the
22 Town uses to screen requests for proper motive or
23 improper motive?
24 A. Not in that regard. We answer all of
25 them.
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1 Q. Okay. And when you answer them, you do
2 not ascribe a motive to them?
3 A. No.
4 Q. Okay. Ms. Taylor, are you familiar with
5 the affirmative defense being asserted here by the
6 Town?
7 A. Yes, I guess.
8 Q. Okay. Is it true that the Town is
9 alleging some sort of improper motivation making
10 public records requests?
11 MS. O'CONNOR: Objection to the form, Your
12 Honor.
13 THE COURT: Sustained.
14 BY MR. O'BOYLE:
15 Q. Okay. Is it not true that the affirmative
16 defenses ascribe certain motivations to the
17 requesters?
18 MS. O'CONNOR: Objection to the form, Your
19 Honor. The pleadings speak for themselves.
20 THE COURT: Sustained.
21 BY MR. O'BOYLE:
22 Q. Okay. Please tell me which requests --
23 Let me back up.
24 Please tell me what requests form the
25 foundation of this affirmative defense alleged by
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1 the Town?
2
MS. O'CONNOR: Objection, Your Honor,
3
calls for a legal conclusion.
4
THE COURT: Sustained.
5
You need to rephrase the question.
6
BY MR. O'BOYLE:
7
Q.
Okay. Ms. Taylor, what's an ill-conceived
8
request?
9
A.
Repeat it.
10
Q.
Sure.
11
A.
I don't understand it.
12
Q.
What is an ill-conceived records request?
13
MS. O'CONNOR: Objection.
14
THE COURT: Legal grounds?
15
MS. O'CONNOR: No time period. Outside
16
the scope. I mean --
17
MR. O'BOYLE: Your Honor, I'm reading
18
right
from their affirmative defenses.
19
THE COURT: The objection is overruled.
20
THE WITNESS: Ask me the question again.
21
BY MR. O'BOYLE:
22
Q.
Sure. Sure.
23
What is an ill-conceived records request?
24
A.
I don't understand that at all.
25
Q.
Do you not understand it because the
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1 question doesn't make sense?
2 A. I don't -- I just don't understand it.
3 Q. As in -- is that because there is no such
4 thing as an ill-conceived records request?
5 MS. O'CONNOR: Objection; asked and
6 answered.
7 THE COURT: Sustained.
8 THE WITNESS: Possible.
9 THE COURT: The objection was sustained.
10 You may move to the next question.
11 MR. O'BOYLE: Ms. Taylor said something
12 and I didn't hear it.
13 THE WITNESS: Never mind.
14 THE COURT: But there was no question
15 pending, so you may move to the next question.
16 BY MR. O'BOYLE:
17 Q. Okay. Was the request in this -- that
18 forms the basis of this complaint, was this request
19 made for purely harassing purposes?
20 A. What request?
21 Q. Okay. The request for the sign -in sheet.
22 A. All right. Say the question again then.
23 Q. Sure.
24 Was the request for the sign -in sheet,
25 that forms the basis of this litigation, was that
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1 made for purely harassing purposes?
2 A. I don't know.
3 Q. Is there any way that -- Well, how would
4 one find that out?
5 MS. O'CONNOR: Objection.
6 THE COURT: What is the legal grounds for
7 the objection?
8 MS. O'CONNOR: Speculation.
9 THE COURT: Overruled.
10 You may answer.
11 THE WITNESS: It doesn't matter. It's a
12 request and we answered it.
13 BY MR. O'BOYLE:
14 Q. Okay. So the intent of the requester
15 doesn't matter?
16 A. No.
17 Q. Okay. Is it true that the Town litigated
18 another case regarding the sign -in sheet with
19 Mr. O'Boyle?
20 MS. O'CONNOR: Objection; relevance.
21 THE COURT: Overruled.
22 You may answer the question.
23 THE WITNESS: That we litigated another
24 case?
25 BY MR. O'BOYLE:
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1 Q. Yes, a trial last Tuesday.
2 A. I wasn't involved in that.
3 MS. O'CONNOR: Objection.
4 THE COURT: Well, state the legal grounds.
5 MS. O'CONNOR: Objection; outside the
6 scope and mischaracterizing the nature of the
7 lawsuit that was heard last week.
8 THE COURT: Overruled.
9 I've got a question. Is it regarding the
10 same sign -in sheet on the same day, the exact
11 same request?
12 MS. O'CONNOR: No, Your Honor.
13 MR. O'BOYLE: No, Your Honor. It was a
14 sign -in sheet about a month or two months
15 later that was found to be unlawfully
16 withheld.
17 THE COURT: That's a different request,
18 right, okay.
19 MS. O'CONNOR: Objection; relevance. That
20 case had absolutely nothing to do with this.
21 It was not a lobbyist sign -in sheet, it was
22 something from the police department, no
23 bearing on this case.
24 MR. O'BOYLE: You Honor --
25 THE COURT: Response.
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1 MR. O'BOYLE: Yes, Your Honor. Okay.
2 I think the Town has a policy of going
3 fast and loose with their sign -in sheets. I
4 would like to, at least, take a crack at
5 establishing that.
6 THE COURT: The objection is overruled.
7 You may further inquire.
8 MR. O'BOYLE: Sure.
9 BY MR. O'BOYLE:
10 Q. Did you not testify in a trial regarding
11 the sign -in sheet on September 6th, 2016?
12 A. I don't remember testifying in a trial
13 until this one.
14 Q. Okay. Did you appear at that trial?
15 A. No.
16 Q. What is the difference between a lobbyist
17 sign -in sheet and a regular sign -in sheet?
18 A. Well, lobbyists and, by the way, that's
19 what it says on the top of the sheet that lobbyists
20 must sign -in. It's a law. I don't know what the
21 chapter and verse is on it, but they require that
22 municipalities either put out a sheet for them to
23 sign in themselves or else the Town is responsible
24 to do it for them, keep track of all of them, but
25 if you put that sheet out, it's up to them to sign
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1
it. Didn't ask for any other signatures, just
2
lobbyists.
3
Q.
Okay. Was the request at issue in this
4
litigation
for the sign -in sheet, was that made in
5
January
21st, 2014?
6
A.
I believe that was the date on the
7
request.
I would have to look it up to see.
8
Q.
Okay. Do you recall or -- I'm sorry.
9
Were you in town hall that day? I apologize.
10
A.
I assume that I was. I don't miss many
11
days, but...
12
Q.
Okay. Do you recall seeing Martin O'Boyle
13
in town
hall that day?
14
A.
I don't know if it was that day. He was
15
in and out a lot of days. I didn't keep track of
16
them.
17
Q.
Okay. So you don't remember Martin
18
O'Boyle
being in town hall January 21st, 2014?
19
A.
Not specifically, no.
20
Q.
Okay. So that's true, do you not recall
21
telling
Martin O'Boyle that the records requests
22
need to
be in writing?
23
A.
No.
24
Q.
When I say you don't recall, you don't
25
remember
telling him?
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1
A.
I didn't. Because we answer all of the
2
public records requests, whether they are verbal or
3
written.
4
Q.
Okay. But so -- okay. So you did not
5
tell Martin O'Boyle on January 21st, 2014?
6
A.
If that was the date.
7
Q.
And you did not see him in town hall?
8
A.
I don't know. I don't know if he was in
9
town hall
on that day.
10
Q.
So you are just saying that it's a matter
11
of policy that you process or you mandate that
12
requests
have to be -- I'm sorry, let me back up.
13
So the Town of Gulf Stream requires all
14
requests
to be in writing?
15
MS. O'CONNOR: Objection; form,
16
mischaracterizes
the testimony.
17
THE COURT: Sustained.
18
BY MR. O'BOYLE:
19
Q.
Okay. Let me back up.
20
So you remember January 21st, 2014? You
21
remember
being at town hall that day?
22
A.
I assume I was, because I'm not gone much
23
in the daytime.
24
Q.
So, Ms. Taylor --
25
A.
I don't remember specifically that I was
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1 there in town hall on January 21st.
2 Q. Okay. So it's possible that Martin
3 O'Boyle was in town hall January 21st?
4 A. It's possible he was.
5 MS. O'CONNOR: Objection.
6 BY MR. O'BOYLE:
7 Q. Okay. So it's possible that he made a
8 request verbally in town hall?
9 MS. O'CONNOR: Objection; calls for
10 speculation.
11 THE COURT: Sustained.
12 You may rephrase the question.
13 BY MR. O'BOYLE:
14 Q. Okay. So you actually have no knowledge
15 as to whether Martin O'Boyle made a request in
16 writing or made a verbal request that day?
17 MS. O'CONNOR: Objection; asked and
18 answered.
19 THE COURT: Overruled.
20 You may answer.
21 THE WITNESS: Say it again.
22 MR. O'BOYLE: Madam Court Reporter, could
23 you please read that back.
24 (The question referred to was read by the
25 reporter as above recorded.)
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1
THE WITNESS: Well, he made one in writing
2
because we have a copy of it.
3
BY MR.
O'BOYLE:
4
Q.
I apologize. You have no recollection
5
whether Martin O'Boyle made a verbal request at
6
town hall on January 21st, 2014?
7
A.
No, I don't know that he did. If he did,
8
it was
answered.
9
Q.
Okay. So I just want to make 100 percent
10
sure here
that you did not see Martin O'Boyle in
11
town hall
January 21st, 2014, and you did not, I'm
12
sorry,
you don't remember Martin O'Boyle making a
13
verbal
request that day?
14
MS. O'CONNOR: Objection; asked and
15
answered,
compound.
16
THE COURT: Sustained.
17
MR. O'BOYLE: Okay.
18
BY MR.
O'BOYLE:
19
Q.
Ms. Taylor, do you recall Martin O'Boyle
20
running
for election in 2014?
21
A.
Yes.
22
Q.
Do you recall him making records requests
23
for his
election?
24
A.
For his election or before his election
25
or --
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1
Q.
Sure. For his campaign.
2
MS. O'CONNOR: Objection; calls for
3
speculation
as to why the request was being
4
made.
5
THE COURT: Sustained.
6
BY MR.
O'BOYLE:
7
Q.
Okay. Ms. Taylor, have you seen the
8
sign -in
sheet that was produced as part of this
9
records
request?
10
A.
Have I seen it?
11
Q.
Yes.
12
A.
Yes, it's in the book.
13
Q.
And you've seen the signatures on that --
14
A.
Yes.
15
Q.
-- on that page?
16
Okay. And does one of the signatures
17
reflect
Mark Marsh, the name Mark Marsh?
18
A.
I don't know if it does or not.
19
Q.
Do you have that exhibit in front of you?
20
I believe
you have the book.
21
A.
What chapter is it in or what page?
22
Q.
Ms. Taylor, I actually have a copy here.
23
MR. O'BOYLE: Your Honor, may I approach?
24
THE COURT: That's fine.
25
MR. O'BOYLE: This is just for the record.
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1 I'm not quite sure what exhibit this is, but
2 it is the sign -in sheet -- well, do you have
3 it right there?
4 THE WITNESS: I think I found it.
5 MR. O'BOYLE: For the Court, can you tell
6 them what you are looking at?
7 MR. SWEETAPPLE: For the record, can we
8 know what exhibit number he's showing her?
9 THE COURT: The witness is looking in the
10 book.
11 THE WITNESS: It's in eight. There's no
12 page number on it. It's the one, two,
13 three -- fourth page in, it looks like.
14 THE COURT: Okay.
15 BY MR. O'BOYLE:
16 Q. Okay. So, do you see the name Mark Marsh
17 on the sign -in sheet?
18 A. Yes.
19 Q. Okay. And earlier when you said that it
20 was impossible for Martin O'Boyle to have made a
21 verbal request on January 21st, 2014, what was the
22 basis?
23 MS. O'CONNOR: Objection; mischaracterizes
24 the testimony.
25 THE COURT: Sustained.
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1 BY MR. O'BOYLE:
2
Q.
Okay. Ms. Taylor, are you or do you
3
recall the other records requests that were made on
4
January
21st, 2014?
5
A.
Do I recall them from memory? No.
6
Q.
Okay. Do you recall if any of them
7
concerned
the name Mark Marsh?
8
A.
I believe so.
9
Q.
Okay. Let me ask you this. The request
10
at issue
was for records sign -in sheet as it
11
existed
at 11 a.m. on January 21st, 2014; is that
12
correct?
Do you recall that?
13
A.
I believe that's what it was.
14
Q.
Okay. And when you deal with a lot of
15
requests,
is that an odd request?
16
A.
For the sign -in sheet?
17
Q.
That somebody would ask for something as
18
it was at
a particular time.
19
A.
Yes.
20
Q.
Okay. Have you seen any other requests
21
where somebody
has asked for something as it is at
22
a particular
take time?
23
MS. O'CONNOR: Objection; relevance.
24
THE COURT: Overruled.
25
You may answer.
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1 THE WITNESS: Well, we get a lot of
2 requests for things on a given date, if that's
3 what you mean.
4 BY MR. O'BOYLE:
5 Q. No, I mean time of day.
6 A. Ask me your question again.
7 Q. Sure.
8 Is it odd or do you find it odd as you
9 deal with public records in your course of business
10 that somebody would ask for something in a very
11 specific time of day?
12 A. I get requests of all different times of
13 the day. I don't always pay attention to what time
14 it is. My mail comes at all different times, if I
15 get it through the mail. Emails come at all
16 different times. The time of day doesn't have a
17 significance.
18 Q. Sure, sure. No, I'm actually asking for,
19 do you find it odd when somebody makes a request
20 for a record as it existed in a particular time of
21 day, meaning hour?
22 A. Yes, that's unusual.
23 Q. Okay. What does Christopher O'Hare have
24 to do with this case?
25 MS. O'CONNOR: Objection; calls for legal
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1 conclusion.
2 THE COURT: Sustained.
3 MR. O'BOYLE: Okay. No more further
4 questions, Your Honor.
5 THE COURT: Okay. Any redirect?
6 MS. O'CONNOR: No, Your Honor.
7 THE COURT: Thank you.
8 You may place the notebook on the stand.
9 Thank you. Your testimony is complete,
10 Ms. Taylor. Please watch your step. There
11 are two steps there and don't forget the cords
12 in the middle of the courtroom.
13 THE WITNESS: Thank you, Your Honor.
14 THE COURT: You are welcome.
15 MS. O'CONNOR: Your Honor, no other
16 witnesses for the defense. I just have one
17 last request for judicial notice that's been
18 filed with the Court, if I may approach.
19 THE COURT: Sure.
20 MS. O'CONNOR: And it's a request to take
21 judicial notice of various public records
22 lawsuits and the dates they were filed through
23 January 22, 2014, which is the day before this
24 public records request was answered.
25 MR. TAYLOR: Again, Your Honor, having
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1 looked at this and Ms. O'Connor did actually
2 file this up through yesterday, so I haven't
3 had a chance to look at it, it's rather
4 extensively, although it's only two pages.
5 I would challenge the relevance of,
6 essentially, 1 through 15 of this case and the
7 16th case is this one.
8 THE COURT: No objection to the number 16?
9 MR. TAYLOR: No, no objection.
10 THE COURT: That's this case. All right.
11 What is the reply to the relevancy
12 objection?
13 MS. O'CONNOR: Your Honor, it's supportive
14 of Ms. Taylor's testimony, that in addition to
15 responding to public records request, doing
16 her normal day-to-day activities, she was also
17 inundated with working with outside counsel to
18 respond to public records lawsuits and she
19 was, throughout the course of this time
20 period, developing processes to avoid public
21 records lawsuits such as the intake letter
22 with which Mr. O'Boyle has taken great
23 offense.
24 THE COURT: The Court is taking judicial
25 notice of the cases 1 through 16 over
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1 objection, just for that limited purpose
2 stated by defense.
3 MR. TAYLOR: Okay.
4 MS. O'CONNOR: Okay.
5 THE COURT: Any other exhibits on behalf
6 of the defense? Does the defense rest?
7 MS. O'CONNOR: Yes, Your Honor.
8 THE COURT: Okay. So now we move back to
9 the plaintiff.
10 Any rebuttal evidence or testimony?
11 MR. TAYLOR: No, Your Honor.
12 THE COURT: So the plaintiff rests again.
13 Now, would you like a couple of minutes
14 before you give closings to go use the
15 facilities and then come on back?
16 MR. SWEETAPPLE: That would be great.
17 THE COURT: All right. Let's resume at
18 3:30.
19 (A brief recess was taken, after which the
20 following proceedings were had:)
21 THE COURT: We'll proceed with closing
22 arguments by the plaintiff and closing by
23 defense and then plaintiff may have a brief
24 rebuttal.
25 MR. TAYLOR: Thank you, Your Honor. Thank
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1 you for your time today.
2 Your Honor, at the start of this case I
3 mentioned that there were certain elements
4 that actually prove under Chapter 119 to show
5 that there was a violation of the law. One of
6 those elements was that public records request
7 was made, that it was received by the Town,
8 that it actually it was a public records
9 request, in that the records requested were
10 indeed public records. That is undisputed in
11 this case. The only issue in this case is
12 whether the Town required Mr. O'Boyle to make
13 his request in writing.
14 The Town put on their case and they talked
15 about scores of public records requests that
16 were made prior to this date, but if you
17 listen carefully, the requests that were made
18 were made by Mr. O'Hare and others. Their own
19 witness testimony, the witness testified that
20 there was a gap that was prior to January 21st
21 of 2014.
22 Now, their witness testified that the gap
23 was actually two months. Per the witness log
24 that was provided by the defendant, that gap
25 was -- in fact, the gap was six months.
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1 So there was an entire six-month period in
2 which Mr. O'Boyle did not make a public
3 records request and that period lasted up
4 until January 21st, 2014. The only evidence
5 that they brought forward is that Mr. O'Hare
6 and others were making public records
7 requests. But what the Town would have this
8 Court do is somehow impute Mr. O'Hare's public
9 records requests onto my client. And it is
10 important to realize also, Your Honor, that
11 the objection here is to -- to the demand that
12 my client make his request in writing.
13 When my client made his request,
14 Ms. Taylor didn't testify that she told the
15 client, Mr. O'Boyle, we have to make this in
16 writing because we have a lot of requests.
17 She didn't say that you have to make this in
18 writing because I'm busy talking to other
19 counsel regarding making public records policy
20 for the Town. She didn't say she was making
21 public records requests because she had to
22 consult the Town's attorneys to figure out
23 what to do.
24 My client has testified that she -- my
25 client's testified that he made the public
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1 records request and the only thing that
2 Ms. Taylor said was that it had to be in
3 writing. In response to that, my client went
4 home, or went to his office and made the
5 request in writing. So, it is essentially one
6 -- it is one public records request that
7 should have been completed when my client made
8 the request in writing, but it wasn't, because
9 an illegal condition was placed upon my
10 client.
11 In my client's testimony, he testified
12 that he was in the office or he went to the
13 clerk's office and he made that request and he
14 was told that he had to do it in writing.
15 In Ms. Taylor's testimony, she said she
16 didn't remember whether Mr. O'Boyle was there.
17 She said might have been, might not. She
18 doesn't even remember if she was there. And
19 her interrogatory that she filed with the
20 Court, her interrogatory says, the Town does
21 not recall Mr. O'Boyle making a public records
22 request in writing after having made the
23 request verbally. But the only reason she
24 said that she didn't do it in this Court is
25 because it was a policy of the Town and it's
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1 not the Town's policy to do that. But that
2 still doesn't answer the question whether or
3 not she told my client, Martin O'Boyle, to do
4 it in writing. She doesn't have any
5 recollection of that. My client does. My
6 client has testified to it, and my client
7 stands by that.
8 My client has filed affidavits supporting
9 that, that Ms. Taylor, for the Town, request
10 that he make that request in writing. Also,
11 bringing up, again, they bring up Mr. O'Hare's
12 cases, the many cases that apparently --
13 public records requests that he brought in the
14 cases that he brought. They also didn't
15 testify about the time frame. They simply
16 said, okay, Mr. O'Hare, again, who's not party
17 to this case, made this amount of requests on
18 this date. I believe the number was over a
19 hundred requests on a certain day. There were
20 hundreds of requests made since July of 2013.
21 They don't provide a date or they don't
22 differentiate as to when Mr. O'Hare made this
23 request and when they didn't and more
24 importantly, that's Mr. O'Hare, they are not
25 talking about Mr. O'Boyle.
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1 Your Honor, if I come in and make a public
2 records request and for some reason, and it
3 doesn't have to be the Town of Gulf Stream, it
4 could be this Court, it could be any entity in
5 the State of Florida and I'm told that I have
6 to make a request in writing, that
7 municipality can't come back and say, okay, we
8 told you that we made the request in writing
9 because some other person, who's completely
10 unrelated to me and has not entered an
11 appearance or has not filed suit against my
12 town in my case, they can't use that as an
13 excuse to justify making a request in writing
14 and that is the case that we have here.
15 THE COURT: That's not the argument that I
16 was hearing. The argument that the Town made
17 in support of the request for judicial notice
18 as to Mr. O'Hare's cases was as it relates to
19 this is the time frame when the Town created
20 these policies to improve how they address the
21 public -- well, they didn't use the word
22 improve, but how to address the public records
23 request.
24 MR. TAYLOR: Okay.
25 THE COURT: That's how I took it, not as
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1 a, look, as an excuse for how they addressed
2 Mr. O'Boyle's request.
3 MR. TAYLOR: Okay. And, Your Honor, that
4 may very well be the case, but that being
5 said, I think if you were to look at their
6 affirmative defenses, they do bring up
7 Mr. O'Hare and they do allege that there's
8 some sort of conspiracy between Mr. O'Boyle
9 and Mr. O'Hare and others to inundate the
10 Town, you know, with public records requests
11 and I took it that that evidence was going
12 toward that. But to bring up -- granted, they
13 haven't introduced today a shred of evidence
14 to support their affirmative defense. So, I
15 mean, that being said, I think the Court can
16 dispose of that rather simply. But again,
17 Your Honor, to reiterate, we have a case here
18 where a public records request was made, the
19 public records request was received, and the
20 issue here is, whether they requested that the
21 public records request be made in writing. It
22 is undisputed by either side that that's
23 incorrect.
24 Ms. Taylor said, you know, they don't do
25 that because it was wrong or as a policy of
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1 the Town that they don't do that, but she
2 didn't testify as to when the policy was made.
3 Was it made prior to Mr. O'Boyle's request?
4 Was it after? And, again, when asked
5 specifically, she said she didn't remember
6 Mr. O'Boyle being there. She said --
7 remember, she doesn't even remember if she was
8 even there that day and also in her
9 interrogatory response, she says that she does
10 not recall.
11 My client, again, has testified as to what
12 happened, unequivocally, that a request was
13 made by him and that it had to be in writing
14 and based on his evidence, Your Honor, I
15 respectfully request that you rule that the
16 Town has in fact by their request that he made
17 his request in writing that you find that they
18 violated Chapter 119 Florida Statutes and rule
19 that my client is entitled to reasonable costs
20 and attorneys' fees at a later hearing and
21 whatever we do request also in our wherefore
22 clause.
23 THE COURT: Thank you very much.
24 Response.
25 MR. SWEETAPPLE: Yes, Your Honor. May it
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1 please the court.
2 Your Honor, the threshold issue in this
3 case, which is separate and apart from all the
4 sub issues of credibility, motivation for the
5 litigation not for the filing of the request
6 is a legal issue, and when you look at Florida
7 Statute 119.07(c) black letter law is clear.
8 The legislature has proclaimed that,
9 quote, "A custodian of public records and his
10 or her designee must acknowledge requests to
11 inspect or copy records promptly and respond
12 to such requests in good faith."
13 And the plaintiff is alleging that we did
14 not acknowledge a request to inspect or copy
15 records promptly or act in good faith. The
16 evidence, even from the plaintiff, is that we
17 did. Undisputed that we did.
18 What he's saying is, oh, I've amended my
19 complaint. I filed this lawsuit because I was
20 upset about the letter I received. It
21 shouldn't take three days. I was upset that I
22 didn't have a verbal demand answered
23 immediately for something as of 11:00 o'clock,
24 so at 12:15 I emailed nine requests.
25 And whether or not his request, based on
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
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2 2 w a s g o i n g t o g e t h i s r e c o r d s .
2 3 A n d b e f o r e I g e t t o t h e i s s u e s o f
2 4 c r e d i b i l i t y b e c a u s e u l t i m a t e l y I d o n ' t t h i n k
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F o r t L a u d e r d a l e , F l o r i d a 9 5 4 - 7 5 5 - 6 4 0 1
201
1 think there's just a clear compliance here
2 based on Mr. O'Boyle's own testimony.
3 Before you get to issues of credibility, I
4 will say there are a number of things beyond
5 the record that I'm not going to get into that
6 show exactly how nefarious the conduct here is
7 and it won't be addressed until the
8 legislature addresses it. But what is in
9 evidence, when you look at these logs is that
10 in 2013, Mr. O'Boyle, continuing his ways,
11 barraged the Town with public records request
12 and lawsuits because he didn't get his way
13 with regard to zoning and ultimately in order
14 to end this and thinking that this would stop
15 because they were unable to deal with it, they
16 paid him money and apologized and then what
17 happened? Shortly thereafter, the same
18 conduct continues with The O'Boyle Law Firm,
19 Mr. O'Hare, and then Mr. O'Boyle joins in
20 January with the hundreds of public records
21 requests again.
22 By this time, The O'Boyle Law Firm is
23 formed in February, but they were in such a
24 rush to make money and to intimidate with
25 their public records requests that both
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1 Mr. Mesa and Mr. Witmer filed lawsuits where
2 they represented to courts in this district
3 that they were filing them on behalf of The
4 O'Boyle Law Firm, which wasn't even existence
5 yet, operating out of the same property owned
6 by father O'Boyle. But if you want to get to
7 issues of credibility, the Court can ask
8 itself a number of questions about motivation,
9 the Court can ask about demeanor, the Court
10 can look at past issues.
11 Ms. Taylor has been the clerk for
12 29 years. She indicates unequivocally that
13 based on what Mr. O'Boyle and Mr. O'Hare were
14 doing, because they think this is appropriate
15 behavior, that they had to hire lawyers and
16 they had to issue -- they had to implement
17 procedures, including preparing the log to
18 show how the request was made and showing if
19 it's a verbal request, writing that down, and
20 she knew that she had to respond to verbal
21 requests and that she had always responded to
22 verbal requests, but when a verbal request
23 comes in, this game of gotcha they play, of
24 kill shots they play, they are very
25 treacherous area of the law, because someone
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1 comes in and makes an oral request for a
2 document, they can't just give it to them.
3 The reason you log it, is you log it and then
4 you look at it, because if it's there's
5 something on it, like a Social Security number
6 or private information or privileged
7 information, then you get sued if you release
8 that.
9 So the idea that something is just going
10 to be photocopied in front of 500 other people
11 who have requested or in front of the eight
12 you requested, that's not what the law
13 requires. The law doesn't require someone
14 just to drop what they are doing and go make a
15 photocopy.
16 Now, you want evidence of bad faith? It's
17 not probative, but isn't it strange that the
18 only two signatures on the 21st of January
19 were Twiddle -Lee -Dee and Mr. O'Hare? Setting
20 up lawsuits. That's what they specialize in.
21 Litigating for power and money.
22 Let's talk about Mr. O'Boyle's testimony.
23 Credibility is also recollection. Mr. O'Boyle
24 can't remember how many lawsuits he's filed,
25 he can't remember who he's sued, he can't
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1 remember who all his companies are. He's
2 evasive. He's left a trail of litigation and
3 judicial decrees about him. And this was so
4 important, this was such an important issue
5 that a lawsuit had to be filed within 48
6 hours, the next day after getting a letter
7 from us it had to be filed, and yet there's no
8 mention of what he says he was so upset about.
9 Not one mention about having made a verbal
10 request.
11 Look at the number of lawsuits he filed in
12 2013. Look at the number of requests he
13 filed. Hundreds and hundreds. Weekends
14 spent. Before the request, when you look at
15 the log on the 21st, you see the ones on
16 before that were emailed during the weekend.
17 These clerks are coming in, working around the
18 clock to deal with this.
19 I'm not going to get into Cathy and all of
20 the rest of it, because that didn't come into
21 evidence, but this is not an isolated
22 incident. This isn't an isolated issue or an
23 isolated problem.
24 So when the Court looks at believability
25 and puts Ms. Taylor up against Mr. O'Boyle, I
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1 believe Ms. Taylor is the credible one. She
2 has no axe to grind. She was very forthright
3 and candid with the Court and she made it
4 clear that based on all these things that were
5 happening, she was trained and knew exactly
6 what had to be done and this letter was
7 implemented to react to all this. That's what
8 Mr. O'Boyle was upset about.
9 Ms. Taylor wasn't shaken at all in her
10 cross-examination. What counsel just argued
11 Ms. Taylor testified to was not what she
12 testified to. She didn't say she didn't
13 recall, she said she didn't -- she never
14 refused a verbal request. She doesn't know if
15 she was there that specific day or what day
16 she was there, but this didn't happen, that
17 this is a contrivance. This is something to
18 keep one of their dozens of lawsuits available
19 so they can get attorneys' fees. That's where
20 we get into motivation. Not motivation for
21 making the request, motivation for these
22 lawsuits.
23 Mr. O'Boyle makes a substantial part of
24 his living by litigating all over the country.
25 I wish I could go into the various orders that
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1 have been entered about him, but I'm not going
2 to.
3 THE COURT: No, no, those --
4 MR. SWEETAPPLE: I'm not going to. I'm
5 not going to. But with regard to this court,
6 you can see he couldn't even remember that
7 he's got 20 lawsuits that he is involved in
8 with the Town of Gulf Stream in the last two
9 years. Couldn't remember or he didn't want to
10 own up to the malice he feels. He's seething
11 with malice against the Town. So who has
12 motivation to lie or to mis-recollect?
13 Mr. O'Boyle. How do you rely on his
14 recollection in light of that testimony?
15 So, if you feel or believe that you need
16 to get into the issues of credibility, the
17 defensible, I believe, clearly tilts the
18 scales in their favor, but Ms. Taylor had no
19 motivation to lie and she had every motivation
20 to do everything that she has been doing in
21 order to try to put a stop to this type of
22 conduct.
23 If the courts open up to lawsuits any time
24 a town takes 48 hours to provide a document
25 when there are hundreds of pending requests
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1 that have been filed, we might as well just
2 close this courthouse. And I have been saying
3 this to the legislature and to anyone that
4 will listen to me. If we continue in this
5 state to allow a system where you can file as
6 many requests as you want, robocall them,
7 hundreds of them, and motivation doesn't
8 matter and there's an absolute requirement to
9 respond. You give me ten lawyers and I can
10 close this state and, unfortunately, as this
11 continues to happen, this abuse of the system
12 continues to happen, at some point it will be
13 corrected because you cannot have courts
14 responding to lawsuits where there's a fee
15 entitlement only to the plaintiff and they are
16 coming in and saying I made a request and I
17 got a letter the next day saying you will
18 respond to it and I got the document the next
19 day, but I want to amend my complaint nine
20 months later to come up with another theory
21 regarding a prior request.
22 There couldn't have been anything done
23 here more timely, more responsive, more in
24 good faith and, Your Honor, we ask that you
25 enter a final judgment indicating that the
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
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1 Town acted in good faith, the Town promptly
2 responded to the request and the Town promptly
3 met the request. Keeping in mind that the
4 plaintiff himself has testified and stipulated
5 in the joint pretrial stipulation that there
6 was a single public records request. The
7 plaintiff says I made it verbally, within an
8 hour, hour and a half, I made it in writing,
9 and you responded, your response must have
10 been to the written, it wasn't to the verbal,
11 but it's the same request. It's the same
12 request.
13 So he can't prove unlawful refusal. He
14 can't prove unlawful delay, so he comes up
15 with a theory in another complaint, well, you
16 verbally refused it. Well, how was that even
17 relevant? You received it. You got it. So
18 even if what you say is true, your one request
19 that you say you made in two forms, was
20 complied with.
21 Mr. O'Boyle's theory seems to be, I make a
22 request orally at 11, I had to make it in
23 writing at 12:15, so in an hour and 15 minutes
24 I should have had my document and if I don't
25 have my document, I'm going into court. Why
Daughters Reporting, Inc.
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1 not? I get fees if I win. Nothing happens if
2 I lose. Great business for my son's law firm.
3 One day, one day, hopefully, that's going to
4 stop. Thank you.
5 THE COURT: Rebuttal. Thank you.
6 MR. TAYLOR: Yes, Your Honor.
7 Mr. Sweetapple said something rather
8 stunning. He said that Ms. Taylor was working
9 on some type of plan of action to put a stop
10 to what Mr. O'Boyle was doing. Mr. O'Boyle
11 was exercising his constitutional right to
12 make public records request. It's not
13 Ms. Taylor's or anybody's role in government
14 to stop anybody from exercising their public
15 records request and I certainly hope that's
16 just a mischaracterization of what Ms. Taylor
17 was doing by Mr. Sweetapple.
18 That being said, he has attacked my
19 client's credibility. In their own actual
20 list of nine public records requests that
21 Mr. O'Boyle made that day, there is a listing
22 of a request that was made in writing at
23 12:05. It says, "provide a copy of all
24 communications where Mark Marsh was the
25 recipient and the sender during the period of
Daughters Reporting, Inc.
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1 January 1st, 2012 through the date of this
2 request, which is January 21st of '14."
3 Mr. Sweetapple keeps making the accusation
4 or keeps representing to this Court that there
5 are only two signatures on this sign -in sheet.
6 There are actually one, two, three, four,
7 five, six, seven, eight, nine, ten, eleven,
8 twelve, thirteen --
9 MR. SWEETAPPLE: Objection, Your Honor,
10 for the date requested, January 21st. There's
11 Twiddle -Lee -Dee and Mr. O'Hare.
12 MR. TAYLOR: Okay.
13 THE COURT: That's what I understood, that
14 there are other individuals listed with
15 signatures on the full document.
16 MR. TAYLOR: Okay. The first signature
17 listed on the document is Mark Marsh. This is
18 a document that was at the clerk's office on
19 January 21st of '14.
20 How would Mr. O'Boyle have known that if
21 he was not present at town hall that day?
22 What happened, Your Honor, is he was there, he
23 made his request, just like he testified to.
24 He was told that it had to be in writing,
25 illegally, and he was told that he had to make
Daughters Reporting, Inc.
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1 it in writing. And in response, he went home,
2 he went to his office and made the request in
3 writing.
4 Did he get his documents later on? Yes,
5 he did. When he made his request in writing,
6 did he know he was going to get his documents?
7 No, he did not. The fact of the case is this,
8 and it is clear black letter law that a
9 municipality or agency that is subject to
10 Chapter 119 cannot require that, number one,
11 someone identify themselves and, number two,
12 and more germane to this case, that they make
13 their request in writing.
14 It's our contention and in my client's
15 testimony that that is what the Town did.
16 Ms. Taylor said she didn't know. She couldn't
17 even remember being there. Based on that
18 testimony, I would argue that my client is
19 more credibility and based on that, I would
20 respectfully request that Your Honor enter an
21 order showing that the Town, based on their
22 request, their illegal request, violates
23 Chapter 119.
24 THE COURT: Thank you. Thank you very
25 much for your professionalism throughout the
Daughters Reporting, Inc.
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1 hearing.
2 The Court is going to take this matter
3 under advisement so that I can carefully
4 review all of the exhibits that were admitted
5 in evidence. They are multipage and I cannot
6 represent to all of you that I have reviewed
7 them in their entirety. I was reviewing them
8 as the testimony was coming in, but I like to
9 concentrate, put my priority on concentrating
10 on the testimony as oppose to reading and
11 giving not careful attention to the testimony.
12 Also, the Court did not have an
13 opportunity to review yet the plaintiff's
14 amended trial memorandum that was filed last
15 evening, along with copies of cases that were
16 provided to the Court today. I need to review
17 that as well.
18 And what I would request from both
19 parties' counsel that you send -- I'm going to
20 work on my own proposed order, but it would be
21 very helpful to the Court if you did send in a
22 proposed order that you think reflects what
23 the testimony was and what the ultimate result
24 should be.
25 Please send your proposed order to the
Daughters Reporting, Inc.
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1 division email box in Microsoft Word format
2 because if I'm able to use anything that you
3 send me, it would be very efficient for me to
4 use in that format.
5 Today is Tuesday, September 20th.
6 MR. SWEETAPPLE: We're going to want to
7 order the transcript, Your Honor, so if you'll
8 give us time to get the transcript, we'll
9 recite that in our proposed order.
10 THE COURT: All right. That's fine. So
11 ten days from today, would that be fine? Is
12 that good?
13 MR. TAYLOR: Yes, Your Honor.
14 MR. SWEETAPPLE: Yes, Your Honor.
15 THE COURT: So that will be
16 September 30th. I'm not sure what day of the
17 week that is.
18 MR. TAYLOR: I believe that's a Friday,
19 Your Honor.
20 THE COURT: Okay. Thank you very much.
21 So have a wonderful rest of the day. I
22 hope it's cleared up for you all outside.
23 Have a safe travel back to wherever you are
24 driving and I'll get your order as soon as I
25 get proposed orders. Have a good evening.
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
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1 We're in recess.
2 (Thereupon, the hearing concluded at 4:30
3 p.m.)
4 CERTIFICATE OF COURT REPORTER
5 STATE OF FLORIDA:
6 SS.
7 COUNTY OF PALM BEACH:
8 I, FELECIA CURRERI, Registered
9 Professional Reporter, do hereby certify that the
10 case of O'BOYLE vs. TOWN OF GULF STREAM, pending in
11 the above -styled court, was heard before the Hon.
12 Lisa Small, as Judge, on September 20, 2016, and
13 that the foregoing pages, numbered from 4 to 214,
14 inclusive, constitute a true and correct
15 transcription of my shorthand report of the
16 proceedings.
17
18
19 IN WITNESS WHEREOF I have hereunto affixed my
20 hand on September 27, 2016.
21
22
23
24
Cod�t E�epor���
25
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
a.m 92:23
163:20 187:11
ability 141:3
160:24
able 213:2
above -entitled
92:18
above -styled
92:20 214:11
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absolutely
165:11 179:20
abundantly
127:25
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139:9 145:17
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accountant
104:1 139:3
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acknowledge
113:13 156:23
199:10,14
acknowledged
117:13 157:1,5
acknowledge...
157:11
acknowledges
113:25
acknowledging
158:13
acknowledgm...
155:2 157:6,16
158:19,22
159:8
Acquisition
95:23 104:6
Acquisitions
95:12 103:21
104:5
act 162:25
169:24 199:15
acted 208:1
action 209:9
activities 190:16
actual 209:19
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150:25 165:4,5
165:21 190:14
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105:13,25,25
106:13,25
107:1,4,9
108:16 110:1
137:14,15
144:24 196:20
196:22
addressed 197:1
201:7
addresses 201:8
administer
136:25
admission 136:6
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129:24
admitted 127:8
212:4
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212:3
advising 155:3
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121:23 122:6,8
122:11,16,21
123:11
affidavits 195:8
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97:14,18 98:13
104:4,8,11
107:7
affirm 137:3
affirmative
173:6,11 175:5
175:15,25
176:18 197:6
197:14
affixed 214:19
afternoon 137:1
137:2 168:10
168:11
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147:12 211:9
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159:15
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161:13
agreement
116:22,25
117:1,15,23
118:11 143:16
143:21
ahead 142:5
Airline 106:16
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allegations
173:11
allege 100:8
129:18 197:7
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173:6 175:25
alleging 175:9
199:13
allow 207:5
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167:17 169:19
allowing 109:7
109:10
amend 129:21
207:19
amended 111:7
111:15,21
112:6 123:12
129:17 130:2
130:11 133:24
199:18 212:14
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168:21 195:17
answer 97:13
98:3,15 99:19
102:15 103:5,7
103:18 104:14
109:8,11,23,24
111:1,20 112:2
112:14,16
122:8 124:23
131:21 138:10
141:17 147:1
149:5 152:4
155:8 159:18
167:3 174:1,18
174:24 175:1
178:10,22
182:1 183:20
187:25 195:2
answered 110:13
110:19 111:11
112:15 113:5
124:17,19,21
125:11,25,25
177:6 178:12
183:18 184:8
184:15 189:24
199:22
anybody 209:14
anybody's
209:13
apart 199:3
apologize 120:5
123:19 168:15
174:4 181:9
184:4
apologized
201:16
apology 117:16
119:17,18,19
170:19,25
apparently
195:12
appear 156: 10
180:14
appearance
196:11
APPEARANC...
93:1,7
appeared 165:16
appears 145:24
148:20 151:19
161:25 163:11
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
applicable
131:20
application
160:23
approach 95:15
119:5,13 122:1
136:23 185:23
189:18
approached
140:7
approaching
140:16
appropriate
167:9 202:14
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143:5
approximately
114:1 153:23
April 162:7
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196:15,16
arguments
191:22
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111:10 113:5
128:2,5 129:25
132:6 135:12
140:8,17,18
177:5 183:17
184:14 187:21
198:4
asking 95:16
99:15 109:11
155:5 160:20
169:9 188:18
asserted 175:5
Asset 95:12,23
98:12,14,16,25
99:13 100:1
101:10,25
102:10
assist 148:8
assistance
148:16 151:3
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assistants 139:2
assume 18 1: 10
182:22
attached 157:22
157:25 158:18
attacked 209:18
attempt 114:20
attempted 118:2
attempting
100:16
attention 141:7
152:20 161:25
188:13 212:11
attorney 120:8
121:3 148:10
162:13,21
163:2
attorney's
134:23 148:11
148:16
attorneys 120:3
120:8 126:10
160:12 162:7
163:7 193:22
attorneys'
130:12 136:2
198:20 205:19
audit 160:23
August 145:4,25
146:5,14
available 200:17
205:18
avoid 158:25
190:20
aware 98:24
121:9,14
149:23
axe 205:2
b 161:2
back 123:15
140:9,22 145:8
148:4 158:19
159:21,22
171:6,8 174:4
175:23 182:12
182:19 183:23
191:8,15 196:7
213:23
background
139:5
bad 172:5,12
173:7,10
203:16
badgered 98:2
badgering 109:8
bargain 140:11
barraged 201:11
based 102:14
113:24 129:2
131:9,10 133:6
133:21 136:5
136:15 198:14
199:25 201:2
202:13 205:4
211:17,19,21
basically 135:19
basis 177:18,25
186:22
Beach 92:2,20
92:22 93:3,13
214:7
bearing 179:23
began 141:9,13
141:24 146:5
begins 151:15
153:10
behalf 149:18
160:6 161:20
191:5 202:3
behavior202:15
believability
103:4 204:24
believe 97:16
107:25 112:4
112:10 113:20
114:15 122:9
122:10 128:21
142:18,19
150:18 181:6
185:20 187:8
187:13 195:18
205:1206:15
206:17 213:18
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174:8,17
better 150:22
beyond 201:4
bit 120:13,15
140:1
black 129:6
199:7 211:8
Boca 93:9
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book 112:24
185:12,20
186:10
borderline
114:11
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146:8
bought 147:4,4
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168:18
Brenda 107:20
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168:3 191:19
191:23
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197:6,12
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Broker 93:8
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195:14
browser 156:11
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140:17
built 117:6
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131:13
business 188:9
209:2
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193:18
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C 102:1 162:5
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169:2,10
171:15,23
172:6,13 173:2
173:23 176:3
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188:25
campaign 185:1
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card 150:4
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212:11
carefully 192:17
212:3
case 92:4 95:22
100:6,18,23,24
100:24 101:2,9
101:12,25
102:11 108:16
111:16,22
113:4,16 114:3
114:9 115:12
115:13,14,16
115:17 116:3
121:6,8,15
123:25 127:23
129:3,4,9
130:2,13,17
131:11 132:14
132:18 134:8
135:16 136:20
178:18,24
179:20,23
188:24 190:6,7
190:10 192:2
192:11,11,14
195:17 196:12
196:14 197:4
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
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197:17 199:3
211:7,12
214:10
cases 95:10,13
96:8,9,12,13
96:18 98:17
101:20 190:25
195:12,12,14
196:18 212:15
Cathy 204:19
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Center 93:3
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102:19 148:13
162:24,25
163:2 175:16
192:3 195:19
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146:24 209:15
CERTIFICATE
214:4
certify 214:9
CG 95:11,23
103:21 104:4,6
challenge 190:5
chance 190:3
change 99:19
changed 102:13
102:14
chapter 132:19
169:22 170:9
180:21 185:21
192:4 198:18
211:10,23
characterization
105:19
characterize
166:2
charade 115:17
chase 139:6
checking 163:1
Chris 160:6
161:20
Christmas
150:13,14
Christopher
148:23 164:12
188:23
CIRCUIT 92:1
92:1
circumstances
129:2,9 140:2
City 116:23
129:4
claim 111:16
124:25 129:19
130:12
clarity 112:6
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135:6 199:7
201:1205:4
211:8
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146:21 158:12
206:17
clerk 123:5,5
127:18 131:7
132:3 137:19
137:21,25
139:2 170:4,6
202:11
clerk's 194:13
210:18
clerks 139:1
204:17
client 109:8
115:15 131:3
131:23 132:4,9
132:13,21
193:9,12,13,15
193:24 194:3,7
194:10 195:3,5
195:6,6,8
198:11,19
211:18
client's 132:16
193:25 194:11
209:19 211:14
clock 204:18
close 121:11
155:21207:2
207:10
closing 105:23
191:21,22
closings 191:14
club 161:3
co -plaintiff
98:25 99:13
101:11 102:10
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come 104:3
145:5 161:15
172:11,18
188:15 191:15
196:1,7 204:20
207:20
comes 188:14
202:23 203:1
208:14
coming 143:24
146:21 148:7
159:24 204:17
207:16 212:8
commencing
92:22
Commerce
104:17,18
106:14,17,18
106:23 107:15
107:22 108:2
commerce-gro...
106:24 157:17
commercegro...
104:23 105:3
105:12 107:7
110:1
commissioners
150:15,20
174:7
communicating
165:22
communications
151:1209:24
companies
103:22 107:13
107:16 204:1
company 103:21
103:23
competing
120:18
complaint 102:8
111:7,15,21
112:11,19,22
113:2 120:9
121:3 123:12
129:22 133:24
177:18 199:19
207:19 208:15
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118:18,21
129:16 189:9
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196:9
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201:1
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150:8 155:15
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component
112:17,18
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184:15
computer
148:14
computers
154:12
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212:9
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212:9
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166:22 214:2
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172:14 176:3
189:1
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194:9
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117:16 201:6
201:18 206:22
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156:21
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158:25
consider 154:15
155:12 157:6
considerable
147:2
considered
154:11
conspiracy
197:8
constitute
214:14
constitutes
173:10
constitutional
209:11
consult 163:6
193:22
Consumer 129:3
contact 108:20
109:1,18
contempt 115:1
content 102:8
contention
131:20 169:15
211:14
contentions
131:17
contents 121:22
continue 95:3
119:22 207:4
Continued 96:24
continues
201:18 207:11
207:12
continuing
201:10
contrivance
116:5 205:17
control 154:13
conversation
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
121:2
copies 95:13
140:8,9,12
162:4 212:15
copy 95:8
101:24 117:24
123:4,6 140:19
144:13 163:18
184:2 185:22
199:11,14
209:23
cords 126:25
167:24 189:11
corner 146:9
corporate 104:2
correct 96:16
99:18,23
102:19 111:18
125:3 145:15
158:1,10,15
164:2 166:11
166:12 168:23
187:12 214:14
corrected 207:13
cost 117:14
161:6
costs 198:19
counsel 115:20
151:2 165:23
190:17 193:19
205:10 212:19
country 117:9
205:24
County 92:2,20
214:7
couple 100:17
154:2 173:19
191:13
course 148:11
167:20 188:9
190:19
court 92:1,20
95:2,5,6,9,20
96:6,8,9,11,17
96:22,23 97:11
99:5,8 100:21
103:2,7 105:22
106:2,6,11
108:12 109:4,6
109:10 110:14
110:24 111:1
111:13 112:9
112:14 113:7,9
113:22 114:6
114:17,22
115:3,6,7,9,14
115:20,21
116:10,13
118:18 119:2,6
119:12,14,20
120:10,12,15
120:17 122:2
125:16,18,21
126:6,9,14,17
126:21,24
127:10,12,21
128:16 129:1
130:3,17,20,22
130:24 133:3
133:15 135:1
136:5,13,24
137:3,8,24
138:9 141:12
141:16 142:23
144:17 146:25
148:1 149:4
150:11 152:1
153:3 154:6,21
155:7 159:17
160:9 166:14
166:25 167:2,7
167:17,21,24
168:2,5,13
169:4,9 171:17
172:2,8,15
173:1,13,25
174:3 175:13
175:20 176:4
176:14,19
177:7,9,14
178:6,9,21
179:4,8,17,25
180:6 182:17
183:11,19,22
184:16 185:5
185:24 186:5,9
186:14,25
187:24 189:2,5
189:7,14,18,19
190:8,10,24,24
191:5,8,12,17
191:21 193:8
194:20,24
196:4,15,25
197:15 198:23
199:1202:7,9
202:9 204:24
205:3 206:3,5
208:25 209:5
210:4,13
211:24 212:2
212:12,16,21
213:10,15,20
214:4,11,24
Court's 114:10
130:8 136:15
courthouse
92:21207:2
courtroom 167:8
167:25 189:12
courts 202:2
206:23 207:13
cover 113:9
157:22 158:1
crack 180:4
created 144:24
196:19
creation 145:1
credibility 199:4
200:24,25
201:3 202:7
203:23 206:16
209:19 211:19
credible 205:1
criminal 114:24
114:25
CRO 107:25
Cross 94:7
cross-examina...
94:3 95:4
96:24 114:21
167:7 168:6,8
205:10
crystal 135:6
CURRERI
214:8
custodian 169:8
170:7 199:9
customers 138:3
cut 128:19 139:6
164:14
D
D 94:1
date 120:4
144:19,22
145:24 151:15
160:5 161:12
162:8 166:19
181:6 182:6
188:2 192:16
195:18,21
210:1,10
dated 102:5
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dates 189:22
day 123:16
128:11,12,21
129:11 132:3
135:10 143:1
179:10 181:9
181:13,14
182:9,21
183:16 184:13
188:5,11,13,16
188:21 189:23
195:19 198:8
200:7,8,14
204:6 205:15
205:15 207:17
207:19 209:3,3
209:21210:21
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day-to-day
190:16
days 128:15
129:13,13
134:1 135:9
155:4 156:15
159:25 166:4
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199:21213:11
daytime 182:23
deal 118:5
146:20 187:14
188:9 201:15
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dealing 116:6
128:18 148:6
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dealt 112:4
decades 108:5
December
146:10,15
decide 129:2
decided 128:3,5
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declaratory
102:4
decrees 204:3
deemed 129:10
Deerfield 93:3
defendant 92:12
93:7 115:15
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defendant's 95:8
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130:24 131:9
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100:18 103:14
defense 115:19
116:3 127:19
173:6,12 175:5
175:25 189:16
191:2,6,6,23
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defenses 175:16
176:18 197:6
defensible
206:17
Defrosse 152:18
155:21 166:9
166:16
delay 127:24
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
E
200:20 208:14
delayed 130:15
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114:13
demand 131:17
132:21 169:16
193:11 199:22
demanded 100:9
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demeanor202:9
demonstrated
119:21
denied 115:25
117:11 133:2
136:18 143:5
deny 130:24
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depends 121:12
deposition
115:18
describe 137:24
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158:4
designed 97:12
designee 199:10
desk 122:25
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details 116:24
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173:21
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157:12
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dictate 145:20
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180:16
different 105:15
119:2 129:18
130:1,4,6
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direct 94:6
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Dirty 95:11,23
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dismiss 130:17
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dispose 197:16
disputed 132:1
distributed
140:5
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division 213:1
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docketed 135:19
document 102:6
102:18 109:18
111:24 113:24
119:8,10
122:10 128:1,6
128:9 144:9,12
144:25 151:11
154:16 155:13
203:2 206:24
207:18 208:24
208:25 210:15
210:17,18
documentation
132:23
documents
108:17 121:17
140:23 154:9
211:4,6
doing 120:9
138:2 140:14
190:15 202:14
203:14 206:20
209:10,17
dozens 142:23
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drill 173:16
Drive 93:3,12
driving 213:24
drop 203:14
due 111:3 136:4
duties 142:4
148:13 165:22
duty 128:25
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earlier 116:16
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efficient 213:3
effort 165:9
eight 186:11
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either 114:11
135:7 161:6
180:22 197:22
election 184:20
184:23,24,24
electronically
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elements 131:22
192:3,6
eleven 210:7
elicit 95:25
eliciting 173:9
email 105:13
106:13 107:1,4
107:9 110:1
144:22,23
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137:18
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138:18
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137:14,15
166:18,23
endeavoring
149:19
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Enhancement
95:24 98:12,14
98:16,25 99:14
100:2 101:11
101:25 102:10
Enhancements
95:12
enlist 151:2
enlisting 148:8
ensure 149:20
163:7 200:17
enter 118:24
143:15 207:25
211:20
entered 116:22
127:15 196:10
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entering 147:14
entire 100:10
116:4 193:1
entirely 129:18
entirety 212:7
entities 96:2
102:21 103:12
104:19
entitled 102:3
127:13 131:17
169:16 198:19
entitlement
207:15
entity 97:15 98:8
98:11 104:9
105:4 196:4
entries 156:6
entry 145:24
161:11
equipment
147:4
errors 117:13
Esquire 93:4,4,5
93:9,13 162:6
essence 128:13
essentially 118:5
118:25 190:6
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134:22
establishing
180:5
estate 117:9
estimate 161:6
etcetera 145:12
evasive 204:2
evening212:15
213:25
evidence 118:24
119:10 127:15
128:7 133:9
136:8 137:4
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197:13 198:14
199:16 201:9
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exactly 144:2
171:3 201:6
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examination
94:4,6,7
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
5
116:14 119:22
137:10
example 105:7
143:1 150:12
excerpt 117:22
117:25
excuse 126:7
132:11 196:13
197:1
exemption 163:2
exemptions
162:24
exercising
209:11,14
exhibit 106:3
108:14 117:20
118:9,10,11,15
118:16,19,21
127:8,12,13
148:19 151:10
152:2,3 157:3
157:5 159:22
165:17 185:19
186:1,8
exhibits 127:7,7
127:14,15
136:16 140:5
191:5 212:4
existed 163:20
187:11 188:20
existence 202:4
exists 98:14
expect 161:4
expert 173:3
experts 117:9
explain 150:11
extensively
190:4
extra 142:5
165:25
facia 130:13
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facilities 167:18
191:15
fact 104:21
110:6 118:11
118:12 122:12
128:7 132:5,19
139:21,22
157:25 160:16
169:6 171:21
172:20,23
192:25 198:16
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facts 118:7 121:5
121:7 131:19
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factual 169:7
173:10
fair 168:21
faith 129:1
172:5,12 173:7
173:10 199:12
199:15 203:16
207:24 208:1
fall 146:20 148:9
149:13 151:6
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false 113:15
114:2 115:8,18
familiar 108:3
175:4
far 100:13
fashions 124:5,7
fast 180:3
father 202:6
favor 206:18
fax 145:12
161:25 163:23
February 102:5
164:11201:23
federal 96:9
113:14,16,25
114:3,9
fee 207:14
fee1206:15
feels 206:10
fees 130:12
136:2 198:20
205:19 209:1
feet 132:7
FELECIA 214:8
field 174:11
FIFTEENTH
92:1
figure 193:22
file 114:8 124:15
149:14 190:2
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98:17,20
101:14 102:21
103:12,12
105:10 111:7
111:15,21
112:3,3 113:2
120:8 121:3,8
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123:11 124:13
129:15 149:25
154:14 165:18
189:18,22
194:19 195:8
196:11 199:19
200:3 202:1
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find 147:17
178:4 188:8,19
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finding 114:23
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213:10,11
firm 93:2 101:16
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202:4 209:2
firms 101:19
first 96.5 111:8
111:16,22
113:10 118:6
129:4,20
133:16 134:24
145:23,24
149:9 151:14
157:21 158:18
160:4,17
161:11 171:8
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five 210:7
Flagler 93:12
flip 146:7 151:18
Florida 92:2,22
93:3,9,13
102:3 132:20
137:16 169:24
196:5 198:18
199:6 214:5
flush 118:7
focus 152:8
folders 154:10
follow 109:14
follow-up 125:15
following 168:4
191:20
force 168:25
forced 124:8
foregoing 214:13
forget 189:11
form 109:21,23
130:7 135:25
136:1,9 154:10
157:1,11
158:18 166:13
175:11,18,24
182:15 200:9
formal 127:5
format 213:1,4
formed 201:23
forms 135:4,22
177:18,25
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forth 158:5,8
forthright 205:2
forward 193:5
Foster 93:11
162:6,14
fought 117:12
found 113:15
114:2 115:3,14
179:15 186:4
foundation
175:25
four97:1,7
135:6 138:21
156:6 210:6
fourth 186:13
frame 115:10
124:14 195:15
196:19
framed 173:14
frankly 109:9
Freda 152:18
frequently
162:16
Friday 213:18
front 122:25
128:20 163:19
185:19 203:10
203:11
full 210:15
further 116:11
125:13 136:13
148:15,15
167:5 180:7
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G
gain 125:2
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gap 170:12,12
170:15 192:20
192:22,24,25
gathering 161:7
general 117:3
generally 137:25
gentleman 140:4
140:6
germane 211:12
getting 140:11
148:15 200:12
204:6
GIOVANNI
93:4
give 105:7
109:23 134:14
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
C
137:4 142:22
167:11 191:14
203:2 207:9
213:8
given 135:18
148:12 188:2
giving 212:11
go 107:9 146:7,8
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155:13 159:21
159:22 167:12
191:14 203:14
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goes 158:3
going 95:16,25
96:3 97:9 98:2
99:6 100:19
105:9,19
112:21 117:12
118:15,23
119:1,4 121:11
123:15 124:10
128:14 140:14
140:21 168:19
180:2 197:11
200:22 201:5
203:9 204:19
206:1,4,5
208:25 209:3
211:6 212:2,19
213:6
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199:12,15
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213:12,25
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95:11,23 97:4
97:8,15 98:1,7
98:8 209:13
granted 197:12
great 190:22
191:16 209:2
grind 205:2
grounds 114:15
176:14 178:6
179:4
Group 104:17
104:18 106:15
106:17,18
107:15,22
108:2
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139:2 174:8
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102:1,25
103:13 115:13
116:2,23,23
117:5 122:24
130:13 137:16
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138:4,5,15,19
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162:5 163:19
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half 138:11
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123:1,9,21
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happen 205:16
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141:13 144:5
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harassing 109:9
177:19 178:1
hear 116:19
120:22 127:19
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123:24 124:12
139:8,12 142:9
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198:20 212:1
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heartwarming
117:15 119:18
help 111:4,4
142:5 147:15
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hereunto 214:19
high 141:9,14,25
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Highway 92:21
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hire 202:15
hired 147:6
history 156:11
holiday 150:4
home 132:10
143:5 194:4
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95:18 96:21
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99:2,7 100:3
100:15 103:6
105:18 106:5
108:8 109:3,3
109:7 111:10
112:13 113:3
113:17 114:4
114:14 116:12
117:18,20,21
117:24 118:20
119:11,15
122:1 126:5,15
126:18,23
127:9,20,22
130:18,23
132:17,25
133:4 136:4,12
136:23 138:7
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154:22 166:24
167:6 168:7
169:5 172:25
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175:19 176:2
176:17 179:12
179:13,24
180:1 185:23
189:4,6,13,15
189:25 190:13
191:7,11,25
192:2 193:10
196:1 197:3,17
198:14,25
199:2 207:24
209:6 210:9,22
211:20 213:7
213:13,14,19
hope 209:15
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hopefully 147:15
209:3
hour 113:10
135:15,18,22
167:9 188:21
208:8,8,23
hours 128:8
135:7 204:6
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house 117:6,7
hundred 97:24
152:16 155:21
161:14 166:9
195:19
hundreds 105:1
105:2,2,14,14
105:16,17,20
105:20,21
110:10,11,11
124:25 128:22
142:24 143:8
146:21 148:6
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204:13,13
206:25 207:7
idea 203:9
identified 106:3
identify 165:9
211:11
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176:7,12,23
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illegal 114:12
131:12 132:12
132:20,21
194:9 211:22
illegally 100:8
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immediately
136:10 199:23
impeach 113:24
impeachment
103:3
implement
202:16
implemented
205:7
important
193:10 204:4,4
importantly
195:24
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
7
imposes 128:25
imposing 115:21
impossible
186:20
improper 172:19
174:23 175:9
improve 196:20
196:22
impute 193:8
incident 123:17
204:22
included 117:15
122:4 138:22
including 149:15
161:19 202:17
inclusive 214:14
incomplete
118:9
incorrect 197:23
indicate 164:6
indicated 114:18
115:21 119:16
141:23 148:4
152:13 155:20
163:25 165:14
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125:24 207:25
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152:21 164:9
individual
148:22
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210:14
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108:20 109:2
109:18 123:3
163:1,2 203:6
203:7
initial 112:18,21
initially 131:6
injunctive 102:4
innocuous 150:3
inputting 147:18
inquire 137:9
180:7
insisted 150:18
inspect 199:11
199:14
instituted 145:3
intake 157:25
165:4,5 190:21
intent 178:14
intentions
173:21
interested
174:10
interrogatories
131:9
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131:15 169:6
194:19,20
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201:24
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118:6 197:13
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190:17
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146:19
invoices 162:4,9
162:16,20
invoked 130:3
involuntarily
136:5,18
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126:19 127:22
130:25 133:1
133:17
involve 96:13
involved 98:1
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96:198:6
irrelevant 97:10
100:4,11 108:9
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204:22,23
issue 100:5,11
118:5 135:1
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181:3 187:10
192:11 197:20
199:2,6 202:16
204:4,22
issued 115:6
128:11,24
170:23,25
issues 199:4
200:23 201:3
202:7,10
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item 98:18
140:19
items 112:5
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January 100:7
108:22 109:20
110:7,21 112:3
112:4 120:2,7
120:25 121:12
122:23 123:9
123:16,20,25
124:16 125:10
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139:9,14
142:10 151:15
152:8,11
153:16,21
155:3 156:1,8
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159:7,25 160:3
160:17 161:10
161:12,15,19
161:25 163:12
163:20 165:20
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181:18 182:5
182:20 183:1,3
184:6,11
186:21 187:4
187:11 189:23
192:20 193:4
201:20 203:18
210:1,2,10,19
Joanne 93:13
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102:2
John 100:1
101:6 102:1
162:5
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162:6
joins 201:19
joint 106:3
127:6,8,13,15
136:6,16
148:19 151:9
152:2 157:3,5
208:5
Jonathan 93:5
168:12
Jones 93:11
162:6,14
judge 92:19
113:14 114:1
115:3 214:12
judgment
121:15,18,21
122:7 200:3,5
207:25
judicial92:1
95:9,10,20
96:7,11,17
97:2,9 106:16
114:19 189:17
189:21 190:24
196:17 204:3
July 114:9
195:20
June 113:13
jurisdiction
129:22 130:3
justify 196:13
keep 142:5,22
148:13 180:24
181:15 205:18
keeper 138:2
Keeping 208:3
keeps 210:3,4
kill 202:24
kind 139:6 145:2
146:4 150:5
160:18
knew 97:25
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205:5
know 97:19,21
97:22,23 98:10
101:21 102:13
104:6,10,14,15
107:20 108:3
113:25 114:23
120:10 147:9
160:11 166:19
166:22 168:18
171:19 174:9
178:2 180:20
181:14 182:8,8
184:7 185:18
186:8 197:10
197:24 205:14
211:6,16
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known 210:20
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ladies 107:10,18
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lady 107:18
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Laserfiche 147:5
147:14,20
lasted 193:3
late 138:17
142:19 146:5
latest 160:22
law 93:2 101:15
101:18,18,22
128:25 129:6
131:11,20
135:2 149:21
151:3 162:7
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
163:8 180:20
192:5 199:7
200:14,15,16
201:18,22
202:4,25
203:12,13
209:2 211:8
lawful 168:25
laws 102:4
lawsuit 99:1,12
101:14,15
106:17 112:4
116:7 123:22
124:3 129:15
129:17,20
130:11 154:14
156:16 163:11
179:7 199:19
204:5
lawsuits 98:20
99:20,23
102:22 103:13
118:14 124:13
124:14,15
125:1,2 143:7
143:11 149:14
149:24 165:17
165:24 189:22
190:18,21
201:12 202:1
203:20,24
204:11205:18
205:22 206:7
206:23 207:14
lawyer's 115:22
lawyers 202:15
207:9
lay 97:12
leading 139:5
147:25 159:16
159:25
learned 150:8
leave 114:20
126:9 167:17
left 123:8 140:12
174:11 204:2
left-hand 163:15
legal 109:4,6
169:3,11 172:7
172:14 173:1
176:3,14 178:6
179:4 188:25
199:6
legislature 199:8
201:8 207:3
let's 126:21
152:7,7 155:25
157:2 161:23
191:17 203:22
letter 128:10
129:6,11 135:6
155:2,2 157:1
157:22 158:1,3
158:23 159:8
165:5,6 190:21
199:7,20
200:15 204:6
205:6 207:17
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line 100:4,10
108:9 124:11
128:20 134:11
150:24 160:18
link 118:2
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list 95:17,21
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106:15,18
117:19 118:17
149:16 210:14
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litigated 178:17
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litigation 116:1
177:25 181:4
199:5 204:2
little 100:12
112:6 120:13
120:15 140:1
150:14,17
live 138:14
lived 117:5
living 205:24
LLC 97:4,15
lobby 123:1
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lobbyist 157:7
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lobbyists 180:18
180:19 181:2
located 154:12
log 104:21 105:1
105:15,16
106:2 131:10
144:10,14
145:1,24 146:7
148:13,19
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151:19 152:20
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161:12 163:11
164:4,6 165:8
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202:17 203:3,3
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logged 145:13
146:12 160:2,4
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201:9
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106:19 108:14
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Matthewman
113:14
Mayor 100:1
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
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Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
10
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197:2 198:3
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208:21
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118:16 119:15
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128:4
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Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
11
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Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
12
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Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
13
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133:21 134:4
reflect 146:14
164:23 185:17
reflects 144:18
212:22
refresh 100:20
102:9 119:21
146:3
refreshed 100:19
refreshing 119:8
refusal 127:23
200:19 208:13
refuse 139:15
145:17
refused 130:14
164:1205:14
208:16
refuses 139:16
regard 97:1
109:19 116:8
126:18 130:4
174:24 201:13
206:5
regarding
111:17 116:22
120:3 123:25
124:1 129:19
178:18 179:9
180:10 193:19
207:21
regardless
164:17
Registered 214:8
regular 180:17
rehearing 114:8
115:24,24
reiterate 197:17
relates 103:3
196:18
release 203:7
relevance 99:3
102:23 113:18
138:8 141:15
146:23 149:2
153:1 154:19
160:8 178:20
179:19 187:23
190:5
relevancy 96:10
97:12 103:2
190:11
relevant 116:6
208:17
relief 102:4
rely 206:13
remember 97:20
97:25 100:24
100:24 101:1,4
101:6,8,9,10
101:13,16
102:7,8 108:19
109:22 110:9
110:16 111:6
112:16,17
116:24 170:12
171:3,7,9
180:12 181:17
181:25 182:20
182:21,25
184:12 194:16
194:18 198:5,7
198:7 203:24
203:25 204:1
206:6,9 211:17
remembered
100:17
remembering
112:7 119:17
repeat 141:18
174:2,4 176:9
repeated 123:9
repeats 125:22
rephrase 99:9
169:12 176:5
183:12
reply 121:20
133:3 190:11
report 214:15
reporter 174:3,6
183:22,25
214:4,9,24
represent212:6
representative
139:7
represented
202:2
representing
210:4
represents
160:13
reputation
114:13
request 95:8
96:6 97:2
100:7,9 106:15
108:16,20,21
109:20 110:2,3
110:5,10,17,22
111:3,8,17,23
112:3,7,10
113:1 115:11
116:4,9 118:3
118:13 120:2,6
120:24 122:13
122:17 123:4,8
123:10,16,17
123:18,20,23
123:24 124:2,3
124:5 127:25
128:8,12,13
129:11,14,19
129:21,23,24
130:6,7,8,23
131:4,5,8,15
131:25 132:11
132:21,22
133:1,7,8,10
133:12,19,20
133:22,24,25
134:3,4,6,7,9
134:14,16,20
134:21,24
135:3,5,7,8,18
135:21 136:9
139:5,10,14,18
140:23,25
144:10,20,23
145:5,18,21
146:4,10,12,16
147:16 150:4
151:12,20
152:20,21
153:7,10,12,15
153:19,20,24
154:7,16 155:5
155:12 156:15
157:7,21,22,24
158:4,5,9,17
158:19,21,22
159:2,9 160:1
160:4,5,16
161:6,11,13,23
162:3,8 163:10
163:23 164:5,6
164:10,10,11
164:21,23
165:1,3,7,9
169:1,1 170:11
172:5,11,18
174:14,15
176:8,12,23
177:4,17,18,20
177:21,24
178:12 179:11
179:17 181:3,7
183:8,15,16
184:5,13 185:3
185:9 186:21
187:9,15
188:19 189:17
189:20,24
190:15 192:6,9
192:13 193:3
193:12,13
194:1,5,6,8,13
194:22,23
195:9,10,23
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
14
196:2,6,8,13
196:17,23
197:2,18,19,21
198:3,12,15,16
198:17,21
199:5,14,25
200:6,8,9,10
200:21201:11
202:18,19,22
203:1204:10
204:14 205:14
205:21207:16
207:21208:2,3
208:6,11,12,18
208:22 209:12
209:15,22
210:2,23 211:2
211:5,13,20,22
211:22 212:18
requested
111:24 154:7
192:9 197:20
203:11,12
210:10
requester 144:21
145:20 152:22
159:2,14
173:22 178:14
requesters
157:13 175:17
requests 95:9
104:22 105:2,9
105:23 106:8
110:6,17
118:14 124:4
125:8,9 128:17
128:21,24
130:1 131:18
139:23 141:10
141:14,25
142:7,11,13,22
142:24,24,25
143:3,4,9,19
143:20,24
145:2,11
146:21 148:7
148:22 149:8
149:15,20,25
150:2 151:23
152:11,15
153:20 154:3
154:18,24
155:6,16,23
156:1,7,14,18
157:4,14
158:14 159:6
159:23 160:2
161:15,18,19
161:24 164:1
164:16 165:15
165:18,21
166:10 168:22
169:16 170:13
171:2,7,8,12
171:20 173:6
173:19 174:22
175:10,22,24
181:21 182:2
182:12,14
184:22 187:3
187:15,20
188:2,12
192:15,17
193:7,9,16,21
195:13,17,19
195:20 197:10
199:10,12,24
201:21,25
202:21,22
204:12 206:25
207:6 209:20
require 180:21
203:13 211:10
required 122:17
192:12
requirement
131:13 207:8
requirements
161:1
requires 182:13
203:13
resident 104:12
149:7
residents 138:14
respect 111:3
136:4 167:10
respectfully
130:23 132:17
132:25 198:15
211:20
respond 109:13
128:14 129:7
135:9 136:14
139:15,16
155:4 161:5
163:6 190:18
199:11202:20
207:9,18
responded 123:6
125:24 129:13
130:9,9 131:5
133:12,13
135:24,25
136:10 139:24
144:21200:7,8
202:21208:2,9
responding
154:23 190:15
207:14
response 104:22
105:3 106:19
113:22 121:21
128:11 129:16
130:21 133:8
133:10,13,18
134:2 135:4,5
135:10 152:23
154:21 157:14
159:8 179:25
194:3 198:9,24
200:13 208:9
211:1
responses
129:12 149:15
159:15 165:24
responsibilities
137:25
responsible
138:1 180:23
responsive
133:20,25
134:5,6 150:7
150:7 207:23
rest 191:6
204:20 213:21
restate 155:8
165:7
restated 158:22
rested 127:4,18
resting 127:5
restroom 167:10
restrooms
167:12
rests 126:16
191:12
result212:23
resume 191:17
retrieve 126:11
review 136:15
212:4,13,16
reviewed 212:6
reviewing 212:7
right 103:1
106:6,17,20
110:7 111:25
112:7 114:22
115:11 119:24
120:17 127:4
127:17 140:22
146:17 147:24
150:1 151:17
153:16,17,25
155:24 156:16
156:17,24
157:15,19
158:11,16
162:11,22
163:9 164:8,19
169:9,10
173:19 176:18
177:22 179:18
186:3 190:10
191:17 200:12
209:11213:10
right-hand
146:9
Rights 129:3
Rita 94:5 107:21
136:21 137:15
Road 137:16
Robert 93:9
102:2
robocall 207:6
Roeder 160:6,11
160:14,20
161:20
role 98:10
209:13
round 145:4
rule 198:15,18
running 108:5
132:24 184:20
rush 201:24
Russel 107:20
S
S -E-A 137:16
S.E 93:8
safe 213:23
sanction 115:2
sanctions 115:7
115:21
saw 122:25
150:21
saying 129:12
132:2 133:19
134:3,5,15
135:8,11,14
182:10 199:18
207:2,16,17
says 102:12
104:22 106:24
128:4 132:5
135:3 157:20
164:15 180:19
194:20 198:9
204:8 208:7
209:23
scales 206:18
schedule 101:21
scheduled 118:9
scope 176:16
179:6
scores 125:1,1
192:15
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
15
Scott 102:1
154:13
screen 174:22
screening 174:21
Sea 137:16
season 150:13
seated 95:2
second 117:17
seconds 109:23
secretary 104:2
Section 161:1
Security 203:5
see 99:20,22
104:22 105:5,8
106:9,18,20,23
108:24,25
110:8 121:24
121:25 140:18
144:9 145:25
146:9 151:14
152:21 153:2
154:4,19 156:5
156:8,12
157:20 158:6
160:4 161:17
161:21 162:1
163:10,12,23
164:9 181:7
182:7 184:10
186:16 204:15
206:6
seeing 123:3
181:12
seeldng 156:10
162:9,19
seen 104:6
172:10,17
185:7,10,13
187:20
seething 206:10
send 107:19
212:19,21,25
213:3
sender209:25
sending 157:13
sense 177:1
sent 106:20
108:17 150:14
155:3 158:19
159:8
sentences 133:16
separate 159:8
199:3
September
92:22 96:7
111:9 112:5
129:17 180:11
213:5,16
214:12,20
seriously 174:17
served 137:21
servers 147:6
services 146:20
set 158:5,8
Setting 203:19
settled 118:14
settlement
116:22,25
117:1,14,25
118:11 143:15
143:21 149:9,9
170:16,18,19
seven 166:4
210:7
shaken 205:9
sheet99:17,18
122:25 123:3,5
123:7 124:9
139:10 163:18
177:21,24
178:18 179:10
179:14,21
180:11,17,17
180:19,22,25
181:4 185:8
186:2,17
187:10,16
210:5
sheets 180:3
shelf 155:14
short 168:18
shorthand
214:15
Shortly 201:17
shots 202:24
show 100:16
101:24 105:9
105:22 112:21
112:25 119:7
192:4 201:6
202:18
showing 96:4
119:19 186:8
202:18 211:21
shown 104:12
shows 96:2
99:18 102:19
115:25 118:4
128:18 132:18
shred 197:13
side 132:1
136:19 140:17
197:22
sign 121:17
180:23,25
sign -in 122:25
123:3,5,7
124:9 139:10
157:8 163:18
177:21,24
178:18 179:10
179:14,21
180:3,11,17,17
180:20 181:4
185:8 186:2,17
187:10,16
210:5
signature 210:16
signatures 181:1
185:13,16
203:18 210:5
210:15
signed 117:14
121:19 122:7
significance
188:17
similar 148:13
simple 131:21
135:2
simply 118:7
122:20 132:23
141:2 195:15
197:16
single 133:6,21
134:8 208:6
sir 102:6 104:25
107:3,5 126:4
sitting 109:1
139:7
six 125:9 132:6
142:10 156:6
192:25 210:7
six-month 193:1
skewed 112:1,2
Small 92:19
214:12
So.3rd 129:5
Socia1203:5
solely 129:18
somebody
187:17,21
188:10,19
son's 209:2
soon 213:24
sorry 103:6
109:5 110:25
111:19 112:3
120:5 122:15
147:12 164:14
181:8 182:12
184:12
sort 150:23
168:20 175:9
197:8
sought 131:23
148:16
South 93:12
space 158:5,9
speak 103:24
116:18 120:2,7
120:15 121:2
136:14 175:19
specialize 203:20
specific 122:9
124:14 154:16
154:16 155:12
155:13 188:11
205:15
specifically
181:19 182:25
198:5
speculation
171:16 173:2
173:24 178:8
183:10 185:3
spending 152:10
155:21 166:9
spent 147:2
204:14
spring 142:16,20
145:8 148:5
151:7 165:12
square 138:5
SS 214:6
staff 155:20
stand 126:3
167:15,18
189:8
standard 157:11
stands 114:5,12
195:7
start 95:1 143:4
171:11 192:2
started 135:13
145:5 171:1,6
171:8
starts 153:12
state 95:19 96:8
122:16,21
131:19 137:13
179:4 196:5
207:5,10 214:5
stated 191:2
statements
113:15 114:2
115:8,19
stating 114:9
Statute 199:7
Statutes 132:20
198:18
step 126:2,4
167:22 189:10
steps 126:14
167:24 189:11
stipulate 133:6
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
16
stipulated
133:11,14
134:2 208:4
stipulation
132:14 133:5
135:20 136:7
136:17 208:5
stockholder 98:9
stop 95:11,22
97:4,7,15 98:1
98:6,8 143:20
143:24 201:14
206:21209:4,9
209:14
stopped 144:5
171:19
strange 203:17
Stream 92:11
96:14 102:1
103:1,13
115:13 116:2
116:23,24
117:5 122:24
130:13 137:16
137:20,22
138:4,5,15,19
151:20 160:25
162:5 163:19
166:23 170:5
172:11 182:13
196:3 206:8
214:10
Street 93:8
strength 98:5
stress 167:1
strike 108:17
148:3 153:10
156:2 157:10
160:15 165:13
174:20
string 156:23
strongly 108:10
Stubbs 93:11
162:7
student 151:3
stumble 127:2
stunning 209:8
sub 199:4
subject 123:17
123:21 124:2
129:20 149:2
211:9
submission
145:15
submit 132:17
151:23
submitted
108:16,22
109:20 110:10
substantial
205:23
sudden 128:19
sue 99:25
sued 100:17
101:1,4,6,8
102:16,19
203:7,25
suggest 160:17
suggestion
114:10
suing 128:4
134:14
suit 121:8,9
196:11
Suite 93:12
summary 121:15
121:18,21
122:7 200:2,5
summer 142:16
142:20,20
143:14
summons 115:22
Sunshine 100:24
101:9 102:3
support 121:17
122:7 131:20
173:11 196:17
197:14
supporting
195:8
supportive
190:13
supposed 106:19
sure 98:14 105:6
119:14 121:20
127:11 136:24
141:21 144:2
159:1 171:25
172:21 176:10
176:22,22
177:23 180:8
184:10 185:1
186:1 188:7,18
188:18 189:19
213:16
surprised 118:17
sustained 99:5
109:12 110:14
111:13 113:7,8
114:6,17
116:10 166:25
167:2 169:4
171:17 172:2,8
172:15 173:14
175:13,20
176:4 177:7,9
182:17 183:11
184:16 185:5
186:25 189:2
swear 122:11
137:3
Sweetapple 93:8
93:9 94:3 95:5
95:7,15,19,25
96:16,20,23,25
97:17 98:3,22
98:23 99:6,10
100:15,22
102:2,24 103:9
103:10 105:22
105:24 106:5,7
106:12 108:13
109:15 110:15
110:20 111:5
111:14 112:20
113:4,8,11,12
113:23 114:7
114:18 115:2,6
115:12 116:11
116:16,21
117:19,22
118:1,6,8
119:15 124:12
125:15,17,19
126:18 127:20
133:4 186:7
191:16 198:25
206:4 209:7,17
210:3,9 213:6
213:14
swore 169:7
200:5
system 147:21
207:5,11
szarkhin 152:23
T
Tab 112:24
144:8 151:10
take 95:9,20
96:17 97:9
108:14,23
114:19 161:4
167:9,11 180:4
187:22 189:20
199:21212:2
taken 168:3
174:16,16
190:22 191:19
takes 96:11
206:24
talk 146:18
148:7 152:7
157:2 167:19
203:22
talked 159:23
192:14
talking 124:1
193:18 195:25
Taylor 93:4 94:4
94:5 95:14,18
97:5,7 98:21
99:2 100:3
102:23 105:18
108:8 109:3,5
109:7 110:12
110:18 111:10
112:12 113:3,5
113:17 114:4
114:14 116:15
117:17,21,24
118:23,25
119:4,11,13,25
120:14,16,21
122:1,3 125:13
126:15 127:9
129:25 130:22
136:12,22
137:12,15,18
138:7 141:15
146:23 147:25
149:1 151:22
152:25 154:17
159:16 160:8
165:5 166:8,13
166:24 167:14
168:10,16
169:7 172:4,10
172:17 173:18
175:4 176:7
177:11 182:24
184:19 185:7
185:22 187:2
189:10,25
190:9 191:3,11
191:25 193:14
194:2 195:9
196:24 197:3
197:24 202:11
204:25 205:1,9
205:11206:18
209:6,8,16
210:12,16
211:16 213:13
213:18
Taylor's 190:14
194:15 209:13
team 117:8
Tel 93:5,10,14
tell 139:13 140:1
141:12 142:1
151:19 154:6
170:15 172:23
175:22,24
182:5 186:5
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
17
telling 112:9
181:21,25
temp 147:11,12
ten 207:9 210:7
213:11
ten-minute
167:11
terms 127:5
144:18 165:23
testified 100:16
130:5 131:24
168:21 192:19
192:22 193:24
193:25 194:11
195:6 198:11
205:11,12
208:4 210:23
testify 139:8
142:9 180:10
193:14 195:15
198:2
testifying 180:12
testimony 94:2,5
112:13 116:8
118:4 124:24
126:1 132:4,16
134:23 135:20
136:16 139:11
154:25 167:19
173:3,3,9
182:16 186:24
189:9 190:14
191:10 192:19
194:11,15
200:1201:2
203:22 206:14
211:15,18
212:8,10,11,23
Thank 95:2,4
116:13 119:24
120:20 125:14
126:5,6,12,17
126:23,24
127:1 130:19
130:20 136:11
137:8 167:21
168:14 189:7,9
189:13 191:25
191:25 198:23
209:4,5 211:24
211:24 213:20
Theodore
152:22
theory 116:3
135:16 200:2
207:20 208:15
208:21
thing 147:19
177:4 194:1
things 150:3
168:19 188:2
201:4 205:4
think 110:3,4
111:19 112:1,2
112:5,24 117:8
118:12 119:3
121:19,19
130:25 131:1
133:14 180:2
186:4 197:5,15
200:24 201:1
202:14 212:22
thinking 201:14
thirteen 210:8
thought 141:22
150:3,6,9
thousand 138:16
thousands
142:24
three 105:11
114:1 117:11
123:13 128:15
129:13 135:9
138:20 155:4
156:6,15
186:13 199:21
210:6
threshold 199:2
thunder 120:18
120:19
tilts 206:17
time 104:15
111:8,16,22
115:10,19
116:12 117:6
120:11 124:14
126:15 129:7,8
140:13 141:8
141:23 142:3
142:12,17
143:18,21
147:18 148:16
152:9,12 153:5
155:18,22
158:13 161:5
163:5,25 166:6
166:10 168:17
176:15 187:18
187:22 188:5
188:11,13,16
188:20 190:19
192:1 195:15
196:19 201:22
206:23 213:8
timely 130:10
149:20 207:23
times 110:11
150:2 156:18
188:12,14,16
title 170:4
today 10 1: 15
115:5 123:22
124:1,3,24
168:20 192:1
197:13 212:16
213:5,11
told 112:17
131:7 139:8,17
140:10,10,20
140:24 141:2
193:14 194:14
195:3 196:5,8
210:24,25
top 156:5 180:19
town 92:11
96:14 102:1,25
103:13 105:1
108:22 111:18
115:13 116:1
116:23 117:10
117:12,12
121:13,13
122:17,23,24
122:24 123:1,8
123:21 127:22
128:10 130:13
131:6,7,21
132:3,13,19
133:22 136:21
137:19,19,21
137:22,25
138:4,5,14,18
138:19,20
139:1,7,15,16
139:19,24
141:8,13,24
142:1 143:4,15
143:25 144:24
145:3,10,17
146:15,18
147:2,22 148:3
148:12 149:7
149:14,18
150:15 151:2,3
151:20 153:16
153:21 154:22
155:3,17 156:1
156:7 157:12
158:8,12,17
159:7,7,11,24
160:3,25 161:3
161:5 162:5,16
162:20 163:16
163:19 164:1
164:16 165:16
166:16,23
168:23,25
169:19 170:4,6
170:21 172:1
172:11,18
174:22 175:6,8
176:1 178:17
180:2,23 181:9
181:13,18
182:7,9,13,21
183:1,3,8
184:6,11 192:7
192:12,14
193:7,20
194:20,25
195:9 196:3,12
196:16,19
197:10 198:1
198:16 201:11
206:8,11,24
208:1,1,2
210:21211:15
211:21214:10
town's 131:6
147:22 162:13
164:5 169:15
173:7 193:22
195:1
track 180:24
181:15
trail 204:2
train 141:22
trained 205:5
transaction
130:4
transcript 213:7
213:8
transcription
214:15
trave1213:23
treacherous
202:25
treating 159:12
trial 92:19 127:6
127:12,14
131:10,10
132:16 179:1
180:10,12,14
212:14
tried 159:14
true 102:19
128:2 168:24
174:14 175:8
175:15 178:17
181:20 200:1,6
208:18 214:14
truth 137:5,5,6
try 100:19
120:11 168:19
206:21
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
M
trying 98:4
113:23 118:7
148:13
Tuesday 179:1
213:5
turn 141:7 144:7
151:9 153:9,12
154:3 156:3
157:3 164:4,20
turned 150:5
163:7
twelve 210:8
Twiddle -Lee-...
203:19 210:11
two 102:22
103:15 117:11
122:4 123:18
123:23 124:3,5
124:6 126:14
129:13,25
133:16 134:1
135:3,21
138:11,11,20
139:1 144:2,4
148:11 152:13
156:6 167:1,24
168:17 171:4
179:14 186:12
189:11 190:4
192:23 203:18
206:8 208:19
210:5,6 211:11
type 125:2
131:13 157:1
206:21 209:9
types 155:6,16
typical 109:21
109:23 155:16
U
ultimate 212:23
ultimately
200:24 201:13
unable 201:15
uncontroverted
128:7
understand
118:21,23
170:1 176:11
176:24,25
177:2
understanding
142:23 162:15
162:23
understands
147:21
understood
119:11 210:13
undisputed
131:11 132:1
136:7 192:10
197:22 199:17
unequivocally
198:12 202:12
unfortunately
207:10
Union 129:4
unjustifiably
130:14
unjustified
127:24
unlawfa1200:19
200:19 208:13
208:14
unlawfully
179:15
unreasonable
135:15,16
unrelated
196:10
untruth 125:5
unusual 188:22
unusually 141:9
141:24 143:19
143:23
updated 117:7
upset 199:20,21
204:8 205:8
use 109:25
120:12 125:4
167:12,18
191:14 196:12
196:21213:2,4
uses 174:22
value 99:4
100:12,13
108:10,11
113:18,19
154:20
various 144:18
156:11 189:21
205:25
Varkas 93:8
verbal 111:7,17
111:23 112:7
112:10,25
116:4 123:4
128:14 129:12
131:5 133:20
133:23 134:2
134:10,12,13
134:15,20
135:7,18,23
136:1 139:23
145:12,17
158:4,9,14,21
164:11,13,15
164:18 182:2
183:16 184:5
184:13 186:21
199:22 200:4,6
200:10 202:19
202:20,22,22
204:9 205:14
208:10
verbally 131:4
132:7 134:25
159:3 164:2,7
164:24 165:8
165:10 183:8
194:23 208:7
208:16
verification
160:23
verified 113:1
verse 180:21
versus 101:25
129:3
victim 163:2
violate 132:19
violated 198:18
violates 211:22
violation 192:5
voice 120:18
Volume 92:15
95:1
vs 92:9 214:10
wait 109:13
167:3
waiting 138:2
walling 123:2
want 113:24
118:15 121:24
125:17 127:10
136:1 140:19
140:20 184:9
202:6 203:16
206:9 207:6,19
213:6
wanted 124:8
139:6 140:18
wants 95:19
135:24
wasn't 132:2
134:20 145:7
179:2 194:8
202:4 205:9
208:10
wasted 115:19
watch 126:4,25
167:21 189:10
water 167:13
wave 146:4
way 97:4 98:13
104:3,5 117:13
124:9 130:14
153:19 171:4
174:11 178:3
180:18 201:12
ways 201:10
we'1195:3 135:8
136:19 167:11
168:5 191:21
213:8
we're 10 1: 15
116:6 123:22
124:1 147:17
168:2 213:6
214:1
we've 111:11
113:6 118:3
127:2 167:8
168:16
website 107:6
147:22
week 127:3
153:23 166:4
179:7 213:17
weekend 156:19
204:16
Weekends
204:13
weeks 144:3
171:4
welcome 189:14
went 115:20
117:10 122:23
125:19 132:9
132:10 140:8
194:3,4,12
211:1,2
weren't 125:21
West 92:2193:3
93:13
wherefore
198:21
WHEREOF
214:19
win 116:1209:1
wind 168:20
winter 142:19
145:8 148:4
wish 205:25
withdraw 98:22
109:16
withheld 179:16
Witmer 202:1
witness 95:16
96:197:6,16
103:4,6,8
109:9,11
110:25 111:2
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
19
112:15 119:6,7
119:9 120:11
125:14,23
126:3,5,7,13
126:22,23
136:25 137:2,7
138:11 141:18
146:24 147:2
149:6 152:5
153:2 155:5,10
159:19 167:1
167:14,16,18
167:20,23
168:1 169:10
173:8 174:2,7
176:20 177:8
177:13 178:11
178:23 183:21
184:1 186:4,9
186:11 188:1
189:13 192:19
192:19,22,23
214:19
witnesses 189:16
women 152:13
wonder 174:12
wonderful
213:21
word 112:18
125:4 196:21
213:1
work 147:13
151:3 162:17
166:16 212:20
work -load 166:2
worked 148:12
working 152:14
165:23 190:17
204:17 209:8
works 107:12,13
107:15,16,20
worth 162:20
wouldn't 114:19
130:1
writing 100:10
122:13,17
123:8,10 128:3
128:6,13 131:8
131:18 132:9
132:11,22
133:14 134:13
134:17,25
135:13 139:11
139:15,19
140:25 157:21
169:1,17
181:22 182:14
183:16 184:1
192:13 193:12
193:16,18
194:3,5,8,14
194:22 195:4
195:10 196:6,8
196:13 197:21
198:13,17
200:13,21
202:19 208:8
208:23 209:22
210:24211:1,3
211:5,13
written 95:8
109:19 114:10
128:24 129:12
133:10 134:4,6
134:7,9,19
135:8,23,25
145:11 150:17
158:14,18
164:13,18
182:3 200:4,8
208:10
wrong 131:22
197:25
X
x92:13 94:1
Xerox 140:9
Y
year 10 1: 14
113:14 141:7
151:21
years 102:22
103:15 117:5
137:23 173:19
202:12 206:9
yesterday 190:2
young 107:10,18
107:18
Z
Z -A -R -K -H -I -N
152:23
Zarkhin 152:22
zero 124:17,19
124:21,23
125:12
zoned 160:24
zoning 118:5
161:1201:13
0
1
196:8,12 112:24
127:7,14 161:2
190:6,25
1,688152:5
1096:7,12 156:3
159:22
10:00 92:23
100 137:16
184:9
1198:18 99:13
135:12 140:5
163:20 187:11
208:22
11:00199:23
1100 93:12
116 94:4
119132:20
169:21,22
170:9 192:4
198:18 211:10
211:23
119.07(c) 199:7
12 96:12,13
102:5 104:18
106:15 131:15
135:13,13
12:05 209:23
12:15199:24
208:23
1286 93:3
135118:12
137 94:6
13th 105:11
14 120:25
164:11210:2
210:19
14th 105:11
15190:6 208:23
159129:5
16 153:16,21
164:4 190:8,25
168 94:7
16th 190:7
17140:5
18156:8
180,000117:14
1981117:6
1st 210:1
2144:8 148:19
165:17
20 92:22 93:8
102:22 103:12
109:23 206:7
214:12
2012210:1
2013 117:4
138:17 141:8,8
141:13,24
142:7,12,16
143:9,15 145:4
145:8,25 146:5
146:10,15,15
146:20 148:5,9
149:13 151:6
162:7 165:16
170:11,12
195:20 201:10
204:12
2014100:8
108:22 109:20
110:7,21 111:9
120:7 122:23
123:16,21
124:16 125:10
133:9 138:17
139:9,14
142:10 151:7
151:16,21
152:8,11,19
153:6,16,21
156:8 157:13
157:18 159:7
160:3 161:12
163:12,21
164:11 165:20
166:3,10,20
181:5,18 182:5
182:20 184:6
184:11,20
186:21 187:4
187:11 189:23
192:21 193:4
2015 102:5
2016 92:22 96:7
114:9 180:11
214:12,20
205 92:21
20th 213:5
2196:8,13 99:20
99:22,24
101:20
214 92:15
214:13
21st 100:7
108:22 109:20
110:7,21 120:2
120:7,25
121:12 122:23
123:9,16,20,25
124:16 125:10
133:23 139:9
139:14 155:3
157:18,25
159:7,25 160:3
160:17 161:10
161:15,19,25
163:12,20
181:5,18 182:5
182:20 183:1,3
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401
20
184:6,11
186:21 187:4
187:11 192:20
193:4 203:18
204:15 210:2
210:10,19
22189:23
22nd 112:4
23 133:9
23rd 121:12
134:8 162:7
24137:23
24th 121:12
25137:23
250 161:3
27145:25
146:14 214:20
28146:10,15
29 202:12
3
3 96:12 106:4
151:10,10,15
152:2,19
153:13 159:22
200:20
3:21157:18
3:30 191:18
30167:9
30th 213:16
31146:8
32117:5
320143:2
33117:5
33402 93:13
33432 93:9
33442 93:3
33483 137:17
3rd 93:8 161:12
4 214:13
4:30 214:2
40152:12
433 108:21
163:13,14
465146:12,16
21
466151:15
92 92:15
161:13
954-834-2209
48 128:8 204:5
93:5
206:24
96 94:3
487152:21
488 153:12,15,20
5
596:12 108:14
50152:12
500 203:10
502014CA000...
92:4
505 93:12
525 154:4,7
547 153:19,20
559 160:18
560 160:5,21
161:11
561-392-1230
93:10
561-659-3000
93:14
562 161:20
567 161:23
571163:11,16
6
6114:9
641164:5,10
653 164:21
66-252 161:1
6th 180:11
7
7 96:12 153:9
154:3 157:3,5
8
8 127:7,14
80 128:21
80s 117:7
882129:5
889105:10
9
9 96:12
903105:10
Daughters Reporting, Inc.
Fort Lauderdale, Florida 954-755-6401