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HomeMy Public PortalAboutPRR 17-2496RECORDS REQUEST (the "Request") Date of Request: 2/6/2017 Requestor's RequestID#: 1384 REQUESTEE: Custodian of Records Town of Gulf Stream REQUESTOR: Martin E. O'Boyle REQUESTOR'S CONTACT INFORMATION: E -Mail: records@commerce-group.com Fax: 954-360-0807 or Contact Records Custodian at recordsnd commerce-groumcom: Phone: 954-360-7713; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: Please provide all transcripts, including all exhibits- (including any and all portions of the transcript and any conies which have not vet been certified) (the "Transcripts") received by the Town of Gulf Stream (which was directly or indirectly (including, without limitation- which was requested by the Town of Gulf Stream from a third party) Drovided to one or more persons with or without a Records Request and with or without a payment therefore) resulting from the deposition of Anthony Graziano dated June 1, 2016 relating to the litigation styled: Martin O'Boyle vs. Robert Sweetaovle and the Town of Gulf Stream. Case No.: 9:14-CV-81250-KAM. ADDITIONAL INFORMATION REGARDING REQUEST: The term "Town of Gulf Stream" shall mean each of the following: the Town of Gulf Stream- its Commissioners, its Manager, its employees, its officers, its staff, its Police Department, its Police Officers its counsel and the following law firms: Sweetavole. 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 I, SECTION 24 OF THE FLORIDA CONSTITUTION AND CHAPTER 119, FLORIDA STATUTES IF THE PUBLIC RECORDS BEING SOUGHT ARE MAINTAINED BY YOUR AGENCY IN AN ELECTRONIC FORMAT PLEASE PRODUCE THE RECORDS IN THE ORIGINAL ELECTRONIC FORMAT IN WHICH THEY WERE CREATED OR RECEIVED. SEE 51 I9.01(2NF). FLORIDA STATUTES. IF NOT AVAILABLE IN ELECTRONIC FORM, IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED ON 11 X 17 PAPER, NOTE: IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4) (a) (2) ALSO PLEASE TAKE NOTE OF §119.07(1)(H) OF THE FLORIDA STATUTES, WHICH PROVIDES THAT "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 OF A COURT OF COMPETENT JURISDICTION AFTER NOTICE TO ALL AFFECTED PARTIES." ALL ELECTRONIC COPIES ARE REQUESTED TO BE SENT BY E-MAIL DELIVERY. PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS REQUEST IN ADVANCE. It will be required that the Requester approve of any costs, asserted by the Agency (as defined in Florida Statute, Chapter 119,01 (Dentitions)), 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 a -mail February 7, 2017 Martin E. O'Boyle [mail to: records ,commerce-sroup.coml Re: GS #2496 (PRR 1384) Please provide all transcripts, including all exhibits, (including any and all portions of the transcript and any copies which have not yet been certified) (the "Transcripts') received by the Town of Gulf Stream (which was directly or indirectly (including, without limitation, which was requested by the Town of Gulf Stream from a third party) provided to one or more persons with or without a Records Request and with or without a payment therefore) resulting from the deposition of Anthony Graziano dated June 1, 2016 relating to the litigation styled: Martin O'Boyle vs. Robert Sweetapple and the Town of Gulf Stream. Case No.: 9:14-CV-81250-KAM. Dear Martin E. O'Boyle [mail to: records(@commerce-eroun.coml: The Town of Gulf Stream has received your public records request dated February 6, 2017. The original public records request can be found at the following link: htty://www2.gulf-stream.org/weblink/O/doc/l05293/Pa el.asnx Please be advised that the Town of Gulf Stream is currently working on a large number of incoming public records requests. The Town will use its very best efforts to respond to you in a reasonable amount of time with the appropriate response or an estimated cost to respond. Sincerely, JZey.ed Raw" $wieP As requested by Rita Taylor Town Clerk, Custodian of the Records TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail March 28, 2017 Martin E. O'Boyle [mail to: recordsOcommerce-group.coml Re: GS #2496 (PRR 1384) Please provide all transcripts, including all exhibits, (including any and all portions of the transcript and any copies which have not yet been certified) (the "Transcripts') received by the Town of Gulf Stream (which was directly or indirectly (including, without limitation, which was requested by the Town of Gulf Stream from a third party) provided to one or more persons with or without a Records Request and with or without a payment therefore) resulting from the deposition of Anthony Graziano dated June 1, 2016 relating to the litigation styled. Martin O'Boyle vs. Robert Sweetapple and the Town of Gulf Stream. Case No.: 9:14-CV-81250-KAM. Dear Martin E. O'Boyle [mail to: records(a)..commerce-eroup.coml: The Town of Gulf Stream has received your public records request dated February 6, 2017. The original public records request and response can be found at the following links: http://www2.gulf-stream.org/weblink/O/doc/105293/Pagel asox We consider this request closed. Sincerely, n�p t )Zt4, JZ""D"d As requested by Rita Taylor Town Clerk, Custodian of the Records Case 9:14-cv-81250-KAM Document 144-2 Entered on FLSD Docket 06/24/2016 Page 1 of 5 117 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. MARTIN E. O'BOYLE, Plaintiff, MM 9:14-CV-81250-KAM ROBERT A. SWEETAPPLE and MAYOR SCOTT MORGAN, Defendants. - - - - - - - - - - - - - - - x Volume II (Pages 117-258) DEPOSITION OF ANTHONY GRAZIANO, JR. TAKEN ON BEHALF OF THE PLAINTIFF Friday, June 1, 2016 Daughters Reporting, Inc. 1515 North Federal Highway Suite 300 Boca Raton, Florida 33432 9:02 a.m. - 5:10 p.m. Reported by Felecia Curreri, RPR Notary Public, State of Florida Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-640 Case 9:14-cv-81250-KAM Document 144-2 Entered on FLSD Docket 06/24/2016 Page 2 of 5 131 1 Q. Do you know of anybody who made any 2 donations indirectly? 3 MR. GILL: Object to the form of the 4 question. 5 THE WITNESS: I don't. I am not sure I 6 understand how to interpret that. How do -- 7 tell me how you think somebody makes an B indirect donation and then I can answer the 9 question. 10 BY MR. O'BOYLE: 11 Q. I make a donation to Mr. Gill knowing full 12 well that he is going to take that money and give 13 it to the court reporter. 14 A. I know of no such instance. I don't know 15 anybody who did that. I didn't do it myself. 16 Q. Okay. Would it be fair to stay, and I'm 17 going to ask this in the context of I view you as 18 sort of a man about town, highly likable, in the 19 town clubs, highly likable -- 20 A. Keep the butter coming. It's okay. 21 Q. Do you think that I've been ostracized? 22 A. Yes. 23 Q. And by whom? 24 A. I think -- I think there's a -- I'm not 25 going to give you specific names, because I'm not Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 Case 9:14-cv-81250-KAM Document 144-2 Entered on FLSD Docket 06/24/2016 Page 3 of 5 132 1 sure that's fair, but certainly there are a bunch 2 of people whom thought the aggressive campaigning 3 was inappropriate. There are a bunch of people 4 who, whether you have the legal right or don't have 5 the legal right to do it, find the hundreds, if not 6 thousands, of public records requests to be after 7 more than just honest disclosure of public records. 8 The multiple lawsuits challenging them, even though 9 I'm sure there are cases where you have a claim 10 under the law because the Town was inundated and 11 was slow in responding, so there are people who did 12 not appreciate that. 13 Q. Back to the records suits. Are you under 14 the impression that the suits emanated from us in 15 inundating the Town, using your words, I think they 16 are your words? 17 A. Yes. 18 Q. And then turning around and saying, 19 uh-huh, you didn't respond fast enough, we're suing 20 you? 21 A. Yes, I do have that impression. 22 Q. Okay. And where did you get that 23 impression? 24 A. I simply drew it, let's say, from the 25 facts. You take a small town like Gulf Stream with Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 Case 9:14-cv-81250-KAM Document 144-2 Entered on FLSD Docket 06/24/2016 Page 4 of 5 154 1 THE WITNESS: I think there are a lot of 2 people who really question your motives, so if 3 you wanted to -- if you want to translate that 4 into being -- your reputation is mud, you'd be 5 free to do so. 6 BY MR. O'BOYLE: 7 Q. Right. Would that be a fair analysis, 8 that my reputation has been tarnished as a result 9 of being charged with RICO, being called a 10 criminal, being called extortion? 11 A. Well, I'm not sure I would ascribe it to 12 being charged with RICO. I might ascribe it to the 13 notoriety of hundreds, if not thousands, of public 14 record requests and many lawsuits following and a 15 very, let's call it, nasty election campaign, where 16 some people think inappropriate language was used 17 and signs on certain places and airplanes flying up 18 and down the beach with signs that were, let's just 19 say, people thought were in poor taste. I think 20 that had more to do with it than the fact the Town 21 finally filed a RICO charge. 22 Q. Okay. So if.I'm hearing you correctly, 23 the signs and what else did you say, I'm sorry? 24 A. Well, the airplanes, the signs, the 25 multiple public records requests, which a lot of Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 Case 9:14-cv-81250-KAM Document 144-2 Entered on FLSD Docket 06/24/2016 Page 5 of 5 155 1 people think were not exactly in good faith, all 2 the lawsuits that followed from that, which a lot 3 of people questioned whether they were really all 4 necessary. I think the accumulation of those 5 things percolates around the Town and wonders why 6 one of our residents is making so many waves. 7 Q. So I have a bad reputation as a result of 8 making waves as far as the generality of the people 9 in the Town? 10 MR. GILL: Objection to the form of the 11 question. 12 THE WITNESS: I think so. I would judge 13 that it's more that sort of stuff than the 14 RICO suit. 15 BY MR. O'BOYLE: 16 Q. Okay. 17 A. But that's a personal opinion. 18 Q. Okay. Have you heard anything about there 19 was a boat opposite, I think it's, in Polo Cove 20 behind Joan Orthwein's house? 21 A. Yes. 22 Q. Okay. .Tell me what you heard. 23 A. I saw it. 24 Q. Yes. Okay. 25 A. So, why -- Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 Case 9:14-cv-81250-KAM Document 144-7 Entered on FLSD Docket 06/24/2016 Page 1 of 4 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 9:14-CV-81250-KAM MARTIN E. O'BOYLE, Plaintiff, v. ROBERT A. SWEETAPPLE and MAYOR SCOTT MORGAN, Defendants. - - - - - - - - - - - - - - - x Volume I (Pages 1-116) DEPOSITION OF ANTHONY GRAZIANO, JR. TAKEN ON BEHALF OF THE PLAINTIFF Friday, June 1, 2016 Daughters Reporting, Inc. 1515 North Federal Highway Suite 300 Boca Raton, Florida 33432 9:02 a.m. - 5:10 p.m. Reported by Felecia Curreri, RPR Notary Public, State of Florida EXHIBIT Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 Case 9:14-cv-81250-KAM Document 144-7 Entered on FLSD Docket 06/24/2016 Page 2 of 4 111 1 that there are one or two. It's usually one 2 by the camera and sometimes there's another 3 one in the back or outside in the vestibule. 4 BY MR. O'B0YLE: 5 Q. Okay. You've never seen in there three or 6 four? 7 A. Not that I recall. 8 Q. Okay. Bill Bordman; do you know Bill? 9 A. Yes, I do. 10 Q. Has he ever said anything in a derogatory 11 or negative sense about me? 12 A. No. 13 MR. GILL: Object to the form of the 14 question. 15 THE WITNESS: No, not that I recall. 16 BY MR. O'B0YLE: 17 Q. Okay. Can you think of anyone else who 18 has said something about me in a negative or a 19 derogatory sense? 20 MR. GILL: Object to the form of the 21 question. 22 THE WITNESS: When you say in a.negative, 23 perhaps repeating the allegations in the 24 complaint, I haven't heard anybody because 25 most people don't know anything, and it's hard Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 Case 9:14-cv-81250-KAM Document 144-7 Entered on FLSD Docket 06/24/2016 Page 3 of 4 112 1 to get, you know, who was it, at what cocktail 2 party after two glasses of wine, but I haven't 3 heard anybody say anything other than mouthing 4 what is in the RICO complaint because they 5 don't know. Now, I will say I have heard in 6 times past, and, you know, who, back two years 7 ago, that people were upset about some of the 8 things you put on the signs, especially the 9 ones at Town Hall where young children go to 10 the Gulf Stream school might be going right by 11 and seeing some of those signs and some of 12 them were inappropriate. I mean -- and I 13 understand they are protected by the First 14 Amendment, that doesn't mean the community 15 would consider them appropriate on an avenue 16 where, you know, children are going to school. 17 BY MR. O'BOYLE: 18 Q. So really what you are talking about is 19 Illinois versus Pope? 20 MR. GILL: Object to the form of the 21 question. 22. THE WITNESS: On speech? 23 BY MR. O'BOYLE: 24 Q. On taste. 25 A. Oh, again, no, certainly I am not saying Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 Case 9:14-cv-81250-KAM Document 144-7 Entered on FLSD Docket 06/24/2016 Page 4 of 4 113 1 that it's not constitutionally protected. That 2 doesn't mean that we think it's appropriate. 3 Constitutionally protected First Amendment, no 4 problem. 5 Have you read anything on the first 6 amendment? 7 Q. Pardon me? 8 A. Have you read much on the First Amendment? 9 Q. I've looked at a couple of things, yes. 10 A. Have you ever read Floyd Abrams' book, 11 Friend of the Court? 12 Q. No. 13 A. You should, if you are a First Amendment 14 person. You should read Friend of the Court. 15 Floyd Abrams. 16 Q. He's the father of that guy on TV, right? 17 A. Yes, yes, he's the father, and he's 18 probably the foremost First Amendment lawyer in the 19 United States. 20 Q. Yes. Well, I'm going to look that up. 21 A. Good. 22 Q. I assume you've read,it? 23 A. I've worked with him. 24 Q. Oh, you worked with him? 25 A. It was at Cahill, Gordon when I was a Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401