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Home My Public Portal About502016CA004546 NOF Deposition of O'ConnorIN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 50 2016 CA 004546X XXXMB (AA) MARTIN E. O’BOYLE, Plaintiff, v. TOWN OF GULF STREAM; JONES, FOSTER, JOHNSON & STUBBS, P.A.; SWEETAPPLE, BROEKER, VARKAS, P.L. Defendants. __________________________________/ DEFENDANT, TOWN OF GULF STREAM’S, NOTICE OF FILING Defendant, TOWN OF GULF STREAM (“Town”), by and through its undersigned attorney, hereby gives notice of filing the following: 1.The deposition transcript of Joanne O’Connor dated August 14, 2018, together with the exhibits thereto. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing was SERVED and FILED through Florida Courts E-filing Portal to those listed on the attached service list on this 30th day of August 2018. JOHNSON, ANSELMO, MURDOCH, BURKE PIPER & HOCHMAN, P.A. Attorneys for Defendant, Town of Gulf Stream 2455 E. Sunrise Boulevard Suite 1000 Fort Lauderdale, Florida 33304 (954) 463-0100 - Telephone (954) 463-2444 - Facsimile By: Hudson C. Gill JEFFREY L. HOCHMAN Florida Bar Number 902098 Hochman@jambg.com HUDSON C. GILL Florida Bar Number 15274 Hgill@jambg.com Filing # 77272623 E-Filed 08/30/2018 04:05:51 PM O’Boyle v. Johnson, Anselmo, et al. Case No. 2016 CA 004546 SERVICE LIST Attorney for Plaintiff Nick Taylor, Esq. The O’Boyle Law Firm, PC 1286 West Newport Center Drive Deerfield Beach, FL 33442 Phone: 954-834-2209 Fax: 754-212-2444 Email: oboylecourtdocs@oboylelawfirm.com ntaylor@oboylelawfirm.com SWEETAPPLE, BROEKER, VARKAS, P.L. Robert A. Sweetapple, Esq. Sweetapple, Broeker & Varkas, PL 20 S.E. 3rd Street Boca Raton, FL 33432 pleadings@sweetapplelaw.com JONES, FOSTER, JOHNSON & STUBBS, P.A. Joanne M. O’Connor, Esq. Jones, Foster, Johnston & Stubbs 505 South Flagler Drive Suite 1100, P.O. Box 3475 West Palm Beach, FL 33402 joconnor@jones-foster.com Town of Gulf Stream Trey Nazzaro, Esq. 100 Sea Road Gulf Stream , FL 33483 Tnazzaro@gulf-stream.org -2- Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502016CA004546 MARTIN E. O'BOYLE, Plaintiff, vs. TOWN OF GULF STREAM; JONES, FOSTER, JOHNSON & STUBBS, P.A.; SWEETAPPLE, BROEKER, VARKAS, P.L., Defendants. ______________________________________________/ DEPOSITION OF JOANNE O'CONNOR Taken on Behalf of the Plaintiff TUESDAY, AUGUST 14, 2018 10:20 a.m. - 11:38 a.m. 1515 N. Federal Highway, Suite 300 Boca Raton, Florida 33432 Sandra Rossi, Court Reporter Daughters Reporting, Inc. 101 Northeast 3rd Avenue, Suite 1500 Fort Lauderdale, Florida 33301 2 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 APPEARANCES: 2 Appeared for the Plaintiff: Jonathan O'Boyle, Esquire 3 The O'Boyle Law Firm 1286 West Newport Center Drive 4 Deerfield Beach, Florida 33442 954-570-3501 5 joboyle@oboylelawfirm.com 6 Appeared for the Defendant: Hudson C. Gill, Esquire 7 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 8 2455 E. Sunrise Boulevard, Suite 1000 Fort Lauderdale, Florida 33304 9 954-463-0100 hgill@jambg.com 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 INDEX 2 PAGE 3 Direct Examination by MR. O'BOYLE 5 4 Cross-Examination 5 by MR. GILL 47 6 Redirect Examination BY MR. O'BOYLE 49 7 Certificate of Oath 53 8 Certificate of Reporter 54 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 EXHIBITS 2 3 PLAINTIFF'S EXHIBIT DESCRIPTION PAGE 4 1 Notice of taking deposition 6 5 2 Request and response 7 3 Motion for sanctions, 6 deposition excerpt 14 4 Waiver of work product 15 7 5 Invoice and check 26 6 Binder 34 8 9 DEFENDANT'S EXHIBIT 10 1 Email 48 11 2 Email 49 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 Deposition of JOANNE O'CONNOR, taken before 2 Sandra Rossi, Court Reporter and Notary Public, in and 3 for the State of Florida at Large, in the above cause. 4 - - - 5 Thereupon, 6 JOANNE O'CONNOR, 7 having been duly sworn or affirmed, was examined and 8 testified as follows: 9 THE WITNESS: I do. 10 MR. O'BOYLE: All right. Do you want to go on 11 the record and do our stipulation? 12 MR. GILL: Yeah or did you want to wait until 13 the end? We did agree for the purpose of the 14 September 6th hearing on summary judgment the 15 motions can be filed on Monday the 20th and be 16 considered timely with all evidence with the 17 exception of this deposition transcript which can 18 be filed I guess when it gets produced and still be 19 considered timely for both parties. Does that make 20 sense? 21 MR. O'BOYLE: Yes. Plaintiffs will stipulate 22 to that. 23 DIRECT EXAMINATION 24 BY MR. O'BOYLE: 25 Q Would you please state your name for the 6 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 record? 2 A Joanne O'Connor. 3 Q And, Ms. O'Connor, I'm giving you a piece of 4 paper here. I'm going to mark it as Exhibit 1. 5 (Plaintiff's Exhibit 1 was marked.) 6 BY MR. O'BOYLE: 7 Q Do you see that document right in front of 8 you? 9 A I do. 10 Q And it's labeled Plaintiff's Exhibit 1; is 11 that correct? 12 A Correct. 13 Q Have you ever seen that document before? 14 A I have. 15 Q And what is that document? 16 A It's a notice of deposition of the Town of 17 Gulf Stream. 18 Q Okay. And there are several topics contained 19 therein; isn't that correct? 20 A There are. 21 Q Okay. And are you prepared to discuss those 22 topics on behalf of the Town of Gulf Stream? 23 A To the extent an objection hasn't been 24 asserted by the Town. 25 Q Okay. And what is your relationship to the 7 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 Town? 2 A I'm an attorney representing the Town in a 3 number of litigation matters. 4 Q Okay. And do you work for the Town? 5 A No. I mean my employer is Jones, Foster, 6 Johnson and Stubbs. 7 Q And is Jones, Foster, Johnson and Stubbs, what 8 is their relationship with the Town? 9 A We provide legal services to the Town. 10 Q Okay. Are they the Town's attorney? 11 A Yes. 12 Q Okay. I'm going to give you another document 13 here if we can label it Exhibit 2. 14 (Plaintiff's Exhibit 2 was marked.) 15 BY MR. O'BOYLE: 16 Q Do you see the document before you as 17 Plaintiff's Exhibit 1? 18 A I do. 19 Q Okay. Is that -- let me correct myself. That 20 is the request that forms the basis of this complaint. 21 A The first page appears to be the request. It 22 also appears that it may have been emailed to the Town 23 so there may have been an email cover letter by which it 24 was sent. The first page appears to be the request but 25 the attachments appear to be the responses. 8 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 Q Okay. And the responses, that's the response 2 that was given by the Town on April 19th, 2016? 3 MR. GILL: Is this one composite exhibit? 4 MR. O'BOYLE: Yes. Let me actually throw this 5 last piece of paper in there. 6 MR. GILL: Can we staple together? 7 MR. O'BOYLE: Yes, we can staple together and 8 I will represent that is the request and the 9 response. If the Town will stipulate to that, 10 that's fine. 11 MR. GILL: Yeah. 12 THE WITNESS: It does appear to be the 13 response. The only thing that would be missing is 14 the cover email that would have accompanied this 15 April 19, 2016 letter. That would be an email from 16 the Town to records@commerce-group.com. 17 BY MR. O'BOYLE: 18 Q And you're looking at the last page of 19 Composite Exhibit 2? 20 A Correct. 21 Q And the top of the last page of Composite 22 Exhibit 2, do you recognize that insignia as the Town of 23 Gulf Stream's letterhead? 24 A Yes. 25 Q Okay. And what did or let me back up here. 9 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 How long have you been representing the Town 2 of Gulf Stream? 3 MR. GILL: I'm going to object to the form. 4 When you say you, are you referring to the firm? 5 BY MR. O'BOYLE: 6 Q You, Joanne, because it establishes knowledge. 7 A So I've been an attorney at my law firm for 17 8 years. I can't recall when I may have first done some 9 sort of legal service for the Town. I do know that 10 relative to public records litigation that I probably 11 first became involved in or about the spring of 2013. 12 Q I should have asked more generally as of 2014 13 were you associated. Let's see here. What did the Town 14 do to respond to this public records request? 15 A So at the time this request was made to the 16 Town in March of 2016, Kelly Avery, who was a Town 17 employee, I think she may have had the title of deputy 18 town clerk at the time, had primary responsibility for 19 responding to public records requests. I worked closely 20 with her given the voluminous number of public records 21 requests that the Town continued to receive in 2016 and 22 the number of public records lawsuits. We worked 23 closely together in terms of responding to various 24 public records requests. 25 For this request Ms. Avery and I met and 10 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 reviewed the request. I reached out to outside counsel 2 for the Town, Robert Sweetapple's, office to determine 3 what records they might have additional to the 4 December 2014 letter you see here that was provided. 5 Q Okay. And where did the Town get the 6 responsive documents attached to Composite Exhibit 2 or 7 contained within? 8 MR. GILL: You referring to the letter that's 9 attached? I think it's one letter with 10 attachments. 11 BY MR. O'BOYLE: 12 Q I'm not a hundred percent sure. Yeah. If 13 it's multiples or not. 14 A The Town received this letter from its outside 15 counsel, Mr. Sweetapple. 16 Q Okay. And do you know when the Town received 17 the letter? 18 A I think I brought a couple of documents with 19 me today and I think we did have it as of near in time 20 when it was written in December 2014. 21 Q Okay. And do you know who wrote that letter? 22 Let me rephrase that. 23 Do you know the name David Sufrin? 24 A I know the name. 25 Q How do you know the name? 11 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 A He's been the subject of this and I believe 2 one or two other public records requests. He's -- my 3 understanding is he's an attorney who represented 4 certain parties who were sued by Martin O'Boyle up in 5 New Jersey. 6 Q Okay. And do you know why he would be sending 7 documents to special counsel Robert Sweetapple? 8 A Do I know now? 9 Q Sure. 10 A Okay. My understanding is that Mr. Sweetapple 11 was communicating with Mr. Sufrin relative to 12 Mr. Sweetapple's defense of a number of lawsuits that 13 had been filed against him personally by Mr. O'Boyle. 14 Q Okay. And has anyone from the Town other than 15 Mr. Sweetapple spoken with Mr. Sufrin? 16 A No. 17 Q Okay. And you said Mr. Sweetapple was 18 representing the Town. What is the scope of 19 Mr. Sweetapple's representation? 20 A Mr. Sweetapple was retained in April 2014 to 21 assist the Town as special counsel in litigation matters 22 at the time. Those were predominantly public records 23 litigation matters. I don't think the scope of his 24 representation was particularly limited to public 25 records litigation matters. 12 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 Q Okay, but it certainly included public 2 litigation matters. 3 A Yes. 4 Q You said we spoke earlier about what did you 5 know now versus what you knew then about Mr. Sufrin. 6 Let's go back to 2014/2015. What did you know about 7 Mr. Sufrin back then or the Town know? When I use you, 8 I mean the Town. 9 MR. GILL: I'm going to object just beyond the 10 scope but she can answer if she can. 11 THE WITNESS: Yeah. My understanding is at 12 some point in time I believe in or about 13 November 2014 Mr. Sweetapple did have 14 communications with Mr. Sufrin that were used in 15 furtherance of representing the Town as well as 16 himself or separate and apart from himself. 17 BY MR. O'BOYLE: 18 Q Okay. So let's go back to 2016 when the Town 19 asked or I'm sorry, did the Town ask Mr. Sweetapple to 20 produce records responsive to this request? 21 A My understanding from the documents I've 22 looked at is my office had this December 17, 2014 letter 23 that is attached to the Town's response and that I 24 reached out in I believe it was early April after 25 communicating with Ms. Avery about this particular 13 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 request. I reached out to Mr. Sweetapple's office and 2 said do you have any public records responsive to this 3 request additional to this December 17, 2014 letter. 4 Q And was that question put in writing? 5 A Yes. 6 Q Okay. So there's an email reflecting that? 7 A There is. 8 Q Okay. And what was Mr. Sweetapple's response? 9 A I couldn't find a written response but their 10 response was no, no additional public records. 11 Q Okay. And did the Town cease its inquiry 12 there? Did it ask Mr. Sweetapple any further questions? 13 A I can't recall but if there's something 14 specific you want to know if we asked him... 15 Q Sure. I guess my question is: Did the Town 16 know that there were additional records that should have 17 been produced but were not? 18 MR. GILL: Object to the form. 19 THE WITNESS: If there's a particular record 20 you can ask me about it but no, the Town was not 21 aware of any additional responsive public records 22 at the time in April 2016. 23 BY MR. O'BOYLE: 24 Q Okay. Did the Town or I'm sorry, let me 25 rephrase that. 14 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 Did the Town use a deposition transcript of 2 Martin O'Boyle in a motion for essentially perjury filed 3 in the case 2014CA04474? 4 MR. GILL: Object to the form. 5 THE WITNESS: The Town used a small two-page 6 excerpt from a deposition of Mr. O'Boyle in case 7 number 4474, yes. 8 BY MR. O'BOYLE: 9 Q Okay. And let me mark this as Plaintiff's 10 Exhibit 3. 11 (Plaintiff's Exhibit 3 was marked.) 12 BY MR. O'BOYLE: 13 Q Okay. Have you seen that document before? 14 A I have. 15 Q Okay. And where have you seen that document 16 before? 17 A I am litigation counsel for the Town in case 18 number 4474, so I've seen it in the pleading file. 19 Q And you were counsel of record let's just say 20 dating back to the case's inception; is that correct? 21 A Correct. 22 Q Okay. And if you look on page 4, do you see 23 an excerpt of a deposition transcript? 24 A In paragraph 16. 25 Q Yes. 15 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 A I see a reference to two-page deposition 2 excerpt, yes. 3 Q And that is from O'Boyle vs. Long Port, a case 4 in New Jersey; isn't that correct? 5 A That's what the representation is, yes. 6 Q Okay. Did you have any knowledge that 7 Mr. Sweetapple possessed a deposition transcript of 8 O'Boyle vs. Long Port? 9 A I did not. I've never seen that deposition 10 transcript. 11 Q Okay. So this particular motion was filed on 12 behalf of the Town, but the Town never received a copy 13 of that deposition transcript? 14 A Correct. 15 Q Okay. And you, as counsel of record, never 16 saw a deposition transcript from O'Boyle vs. Long Port? 17 A Correct. 18 Q Okay. Is -- let me back up. 19 Have you ever seen -- I'm going to mark this 20 as Plaintiff's Exhibit 4. 21 (Plaintiff's Exhibit 4 was marked.) 22 BY MR. O'BOYLE: 23 Q Have you ever seen Plaintiff's Exhibit 4 24 before? 25 A I briefly saw it yesterday in preparing for 16 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 this deposition. I haven't read it, no. 2 Q Okay. Do you have knowledge or does the Town 3 have knowledge that Mr. Sweetapple released the 4 deposition transcript in O'Boyle vs. Long Port that 5 corresponds to the motion filed in 4474 which we were 6 just speaking about? 7 MR. GILL: Object to the form. 8 THE WITNESS: I believe -- I don't know 9 whether they were attached to this filing. I do 10 believe that these, that the transcript was 11 exchanged with all counsel in the case we're here 12 on today back in February 2017. 13 BY MR. O'BOYLE: 14 Q Okay. And in light of the second amended 15 motion for sanctions, I think that's Plaintiff's Exhibit 16 3 where there was an excerpt from a deposition 17 transcript, was the Town at all suspicious that 18 Mr. Sweetapple had a copy of that deposition transcript? 19 MR. GILL: Object to the form. You can 20 answer, if you can. 21 THE WITNESS: No, I'm not aware of any 22 suspicion over the transcript. 23 BY MR. O'BOYLE: 24 Q Okay. So let me back up. 25 Is that transcript in O'Boyle vs. Long Port, 17 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 is that a public record of the Town? 2 MR. GILL: I'm going to object because it 3 calls for a legal conclusion and state the Court's 4 going to have to make the determination whether 5 it's public record or not. She's not here to give 6 her legal opinion or stipulate to any ultimate 7 facts in the case. 8 THE WITNESS: I'm not going to answer that 9 question. 10 BY MR. O'BOYLE: 11 Q Is that because you can't? 12 A I think it's for the Judge, right? 13 Q Okay. 14 A Judge Gillen or Judge Hurley, whoever is the 15 judge in this case. 16 Q So the Town does not agree that the transcript 17 used by Mr. Sweetapple in filing a motion in 4474 was a 18 public record of the Town. 19 MR. GILL: We're not here to stipulate on 20 ultimate facts of the case. So if you want to ask 21 her about factual things you can ask her those but 22 she's not here to give legal opinions or legal 23 concessions for an ultimate finding the Court is 24 going to have to make in the case. 25 MR. O'BOYLE: I'm just seeing if the 18 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 controversy is still alive. 2 MR. GILL: The controversy is still alive. 3 We'll be responding to your summary judgment motion 4 and cross moving on all issues. 5 THE WITNESS: Yeah. And I -- go ahead. 6 BY MR. O'BOYLE: 7 Q No, go ahead. You were going to say what the 8 position of the Town is? 9 A No. 10 Q Okay. So the entire efforts made by the Town 11 to respond to this request were to look at the files in 12 your office and then ask Mr. Sweetapple if he had 13 anything and he responded no and that was the end of the 14 inquiry? 15 A Correct. I may or may not have reached out to 16 Mr. Richman. I just can't recall. 17 Q Okay. And what is the policy for public 18 records storage of special counsel of the Town? 19 MR. GILL: I'm just going to assert the 20 objection that we've already filed. She can answer 21 the question. 22 THE WITNESS: Well are you asking what my firm 23 -- well, go ahead. 24 BY MR. O'BOYLE: 25 Q I'm asking what does the Town do to ensure 19 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 that Mr. Sweetapple complies with the public records 2 law. 3 A Well I think that's a different question than 4 what's his storage policy. 5 Q Sure. I asked what the Town's policy was with 6 storage regarding him but they're one and the same 7 question. 8 MR. GILL: I don't think they are. If you're 9 asking for storage policies I'm objecting for what 10 you stated if the whatever personal knowledge she 11 has. If you ask for what they did for Sweetapple, 12 that's a different question. 13 BY MR. O'BOYLE: 14 Q Sure. So what did the Town do to ensure that 15 Mr. Sweetapple A, stored public records properly, and B, 16 gave them to the Town when called upon in a timely 17 fashion? 18 MR. GILL: I'm going to assert the same 19 objection to the extent it calls for the same type 20 of answer. You can answer, if you can. 21 THE WITNESS: I think Mr. Sweetapple and I are 22 both well-versed in the public records law having 23 litigated dozens of these cases and I think we both 24 have an understanding through communications with 25 the Town the need to preserve public records. 20 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 BY MR. O'BOYLE: 2 Q Okay. And if there is or let me ask you this. 3 Has the Town ever had a dispute with Mr. Sweetapple over 4 whether a record is considered public record or not a 5 public record? 6 MR. GILL: Object to the extent beyond the 7 scope of notice. Answer, if you can. 8 THE WITNESS: Not that I'm aware of. 9 BY MR. O'BOYLE: 10 Q So there's no process by which Mr. Sweetapple 11 can ask the Town if they believe a record is public 12 record or not a public record? 13 A I'm not quite sure what you mean. 14 Q Sure. Mr. Sweetapple in 2000 I think 16 or 17 15 according to D or Plaintiff's 4 turned over a fair 16 amount of records to the plaintiff. My question is: 17 Did he ever bring those records to the attention of the 18 Town with any inquiry saying I don't believe these are 19 public records but what do you think? 20 A Not that I'm aware of, no. 21 Q Okay. And did the Town ever ask 22 Mr. Sweetapple do you have any records that you might 23 consider not to be public records but we should have a 24 look at them anyway just to make sure? 25 A Not that I'm aware of. 21 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 Q Okay. Does the Town have any or did the Town 2 in 2016 have any standing policy for dealing with issues 3 where outside vendors contend that certain records 4 aren't public in which the Town can make its own 5 decision? 6 A I'm not sure if the Town's public records 7 manual addresses that. 8 Q What has Mr. Sweetapple told the Town 9 regarding this public records request? 10 MR. GILL: Object to the form. 11 BY MR. O'BOYLE: 12 Q Sure. 13 A When? 14 Q Well let's start I guess from the beginning. 15 My understanding is that he has said no -- upon inquiry 16 by the Town he said no further records exist. Going 17 forward from that moment did Mr. Sweetapple ever have a 18 discussion about records he may have that may be 19 responsive? 20 A To this particular request? 21 Q Yes. 22 A Speaking for myself personally I can't recall 23 any communications with Mr. Sweetapple about records 24 that constituted communications sent by David Sufrin and 25 received by David Sufrin as this request is phrased, 22 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 however at some point in time I did come to understand 2 that Mr. Sweetapple in defending cases against him 3 personally had received written communications by email 4 from Mr. Sufrin. 5 Q Okay. Did Mr. Sweetapple ever state that he 6 received -- okay. So let me go back to Plaintiff's 7 Exhibit 2 it was, the composite exhibit. 8 A Yes. 9 Q Did Mr. Sweetapple ever state that any of the 10 records contained therein he received from a 11 governmental agency? 12 A The only communication I had with 13 Mr. Sweetapple about this particular request, and it was 14 either with Mr. Sweetapple or with his office was in 15 April 2016 in responding to this request and we were 16 advised there were no public records responsive to this 17 particular request, so I don't know if you're asking me 18 something more broad than that. 19 Q Sure. At any time did Mr. Sweetapple ever say 20 to the Town or in your presence that he received any one 21 of those documents contained in Composite Exhibit 2 from 22 a governmental agency? 23 A That he received them from a governmental 24 agency as opposed to from Mr. Sufrin or some other 25 individual? 23 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 Q Yes. 2 A No. 3 Q Okay. 4 A But the request at issue here as I understand 5 it is communications from Mr. Sufrin and received by 6 Mr. Sufrin. 7 Q What is Mr. Sweetapple's email address? 8 A Rsweetapple@sweetapplelaw.com and also I 9 believe pleadings@sweetapplelaw.com. I believe he also 10 has a personal email address as well. 11 Q And do you know what that personal email 12 address is? 13 A I don't. 14 Q If I said sweetapple13@me.com, does that 15 refresh your recollection? 16 A It sounds vaguely familiar. I don't know 17 whether I've ever gotten an email from that address. 18 Q My next question was: Did you or the Town 19 ever receive an email from sweetapple13, hold on, 20 @me.com? 21 A For me personally I can't recall. I can't 22 speak for the Town. It wasn't a topic of inquiry so I 23 don't believe we've researched to see if the Town has 24 ever received anything from that email address. 25 Q Okay. Does the Town allow its vendors or 24 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 employees to use personal email addresses to conduct 2 public business? 3 MR. GILL: Objection. Beyond the scope. You 4 can answer the question. 5 THE WITNESS: I guess a two part response. 6 One, I'm not aware of a written policy by the Town 7 to that effect. Number two, if you're suggesting 8 that Mr. Sweetapple was using a personal email 9 address to conduct Town business, I don't know that 10 to be the case. 11 BY MR. O'BOYLE: 12 Q Okay. And more broadly so I ask about 13 officials and vendors and that is does the Town have any 14 position on using personal email addresses to conduct 15 business of the Town? 16 MR. GILL: Object to form. 17 THE WITNESS: Yeah, I mean I don't really know 18 what you mean by personal email. You know I'm sure 19 there are some small businesses that use gmail or 20 other what you would consider maybe a personal 21 email account so... 22 BY MR. O'BOYLE: 23 Q Okay. Let me ask it a different way. There's 24 no prohibition or the Town does not have a prohibition 25 for its employees or vendors using whatever email 25 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 address that they want to conduct Town business? 2 MR. GILL: Object to the form. 3 THE WITNESS: Not that I'm aware of. 4 BY MR. O'BOYLE: 5 Q Okay. Now you'd said earlier that 6 Mr. Sweetapple was communicating with Mr. Sufrin for 7 personal reasons. What is the basis of that statement? 8 A I've read Mr. Sweetapple -- how do I know 9 that? I think Mr. Sweetapple told me. 10 Q Okay. And what did Mr. Sweetapple tell you 11 with that regard? 12 A There was a point in time at which there were 13 several lawsuits that had been filed against 14 Mr. Sweetapple, two or three. One of the lawsuits had a 15 number of counts. It was a federal court lawsuit for 16 slander and conspiracy and retaliation and my 17 recollection is that Mr. Sweetapple told me that he had 18 had communications with Mr. Sufrin and an attorney in 19 New Jersey in an attempt to defend himself in those 20 cases. 21 Q Okay. But Mr. Sweetapple also said that he 22 communicated with Mr. Sufrin to defend the Town; isn't 23 that correct? 24 A Yes. I mean he's testified to that effect in 25 at least one lawsuit and there's time records of his 26 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 that reflects some limited communications with 2 Mr. Sufrin that were including the preparation of this 3 motion for perjury, the two-page transcript that were 4 used in furtherance of representing the Town. 5 Q Okay. And you said did you see legal bills 6 there as reflecting the work done by Mr. Sweetapple in 7 prosecuting this matter for the Town? 8 MR. GILL: Object to form. 9 THE WITNESS: I believe that there's a couple 10 of entries on bills Mr. Sweetapple submitted to the 11 Town that reflect communications with Mr. Sufrin. 12 BY MR. O'BOYLE: 13 Q Okay. And I'd like to mark this as 14 Plaintiff's Exhibit 5. 15 (Plaintiff's Composite Exhibit 5 was marked.) 16 BY MR. O'BOYLE: 17 Q I was going to say take a look and tell me if 18 you've seen that before, Composite Exhibit 5. 19 A Composite Exhibit 5 is an invoice that was 20 submitted to the Town and also includes the check that 21 the Town paid to Sweetapple Broeker and Varkas. I 22 personally know that I've seen the invoice that's 23 attached. I'm not sure if I've seen the check and the 24 cover email. 25 Q Okay. Do you have any reason to dispute the 27 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 authenticity of either the email or the check? 2 A Do not. 3 Q Okay. And if you take a look at the itemized 4 invoice or billing entries contained within Composite 5 Exhibit 5, can you identify any entries that would 6 relate to David Sufrin? 7 A You know you're going to have to ask Bob 8 Sweetapple on the November 10, 2014 entry conference 9 with New Jersey counsel. I believe that refers to 10 Mr. Sufrin but you'd have to ask Mr. Sweetapple to be 11 sure. 12 Q Okay. Do you know of any other New Jersey 13 attorneys that Mr. Sweetapple was speaking to in 14 defending the Town in a public records matter? 15 A I do not. 16 Q Okay. Or let me phrase that more broadly. 17 Do you know any other New Jersey attorney that 18 was speaking with Mr. Sweetapple regarding any matters 19 related to the Town? 20 A No, I do not. 21 Q Okay. Do you see an 11/13/2014 entry, the 22 first entry? 23 A The first entry for November 13 for 1.6 hours, 24 yes. 25 Q Yes. The second line there says initial 28 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 review of NJ transcript. Is that the or I'm sorry, do 2 you see that? 3 A I do. 4 Q Is that the transcript of O'Boyle vs. Long 5 Port referred to in the motion for sanctions? 6 MR. GILL: Object to the form. 7 THE WITNESS: Yes, I believe so. 8 BY MR. O'BOYLE: 9 Q Okay. And do you believe so because that was 10 around the same time that the motion for sanctions, P4 I 11 believe it was, was filed? P3 I think. 12 A Yeah, that motion was filed a month later. 13 Q Okay. 14 A Yeah, I mean you're not sure. You're going to 15 have to ask Mr. Sweetapple to know for sure. 16 Q Okay. And did Mr. Sweetapple ever, you know, 17 alert the Town that he had a transcript from New Jersey 18 in preparation for this motion? 19 A No. 20 Q Okay. Did you ever ask Mr. Sweetapple where 21 he got the cutout of the transcript contained in the 22 motion? 23 A I did not. 24 Q But you saw that motion back in 2014, right? 25 That's correct? 29 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 A Correct. I don't believe I was involved in 2 drafting this motion so I'm not sure I saw it before it 3 was filed but I certainly would have seen it at the time 4 it was filed or shortly thereafter. 5 Q Okay. Now to the best of the Town's knowledge 6 does Mr. Sweetapple bill the Town for personal matters? 7 MR. GILL: Object to form. 8 THE WITNESS: I guess you'll have to ask him 9 that. 10 BY MR. O'BOYLE: 11 Q Okay. So the Town is unaware of 12 Mr. Sweetapple submitting a bill for any personal 13 matters? 14 A Correct, we're not aware of anything that's a 15 personal matter that has been billed to the Town. 16 Q Okay. And when you said personal matter, what 17 do you understand that to mean? 18 A Something that's unrelated to Town business. 19 Q Okay. Perfect. So if Mr. Sweetapple submits 20 a bill to the Town, it's the Town's understanding that 21 it's related to Town business? 22 A Correct. 23 MR. O'BOYLE: Mind if I take a quick bathroom 24 break? 25 MR. GILL: No. 30 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 (A break was taken from 11:00 a.m. to 11:03 2 a.m.) 3 BY MR. O'BOYLE: 4 Q Okay. Just a few more questions. 5 When Mr. Sweetapple filed his notice of work 6 product waiver, and I think that's P4. 7 A Yes. 8 Q Why didn't the Town follow-up with the request 9 or acknowledge that certain documents were public 10 records? 11 MR. GILL: Object to the form. 12 THE WITNESS: You're asking me in the context 13 of this litigation which is about the whole premise 14 of the litigation is whether certain documents are 15 not public records why would we not have conceded 16 after he filed this? 17 BY MR. O'BOYLE: 18 Q Sure, that's one way to look at it. I mean if 19 the answer is we don't believe any single one of those 20 documents are public records then -- 21 A I think at that point it's a litigation issue 22 so... 23 Q Yeah, no -- 24 MR. GILL: I'll say if you're asking for a 25 legal conclusion she's not going to give it. We're 31 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 going to file a response to your motion in a week 2 so you'll see our arguments but we're not conceding 3 anything is a public record other than what has 4 been in the response. 5 MR. O'BOYLE: If that's the Town's position 6 I'll accept that. Here is what I'm trying to 7 avoid, any good faith mistake business that the 8 Town is taking a hard position that none of those 9 documents are public records. 10 MR. GILL: I'm not here to stipulate one way 11 or the other what is or isn't. This is a 12 deposition to get factual information. I'm going 13 to say this. We have -- as you're aware we have a 14 hearing set September 6th for cross motions for 15 summary judgment so, you know, we're going to go 16 forward with that. 17 BY MR. O'BOYLE: 18 Q So factually why didn't the Town submit a 19 follow-up letter onto the request here acknowledging any 20 one of those or supplementing its response to the 21 original records request? 22 MR. GILL: Object to the form. 23 THE WITNESS: I'm not aware that any of these 24 records are either records of the Town let alone 25 public records of the Town. 32 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 BY MR. O'BOYLE: 2 Q Okay. So what information does the Town have 3 that would suggest that those are not public records? 4 MR. GILL: I'm going to object and ask when 5 are you -- I mean are you asking if at the point 6 when they were received by Sweetapple or in a point 7 in the future like now? When are you -- I'm a 8 little unclear as to the question. 9 BY MR. O'BOYLE: 10 Q Sure. Now. Let's talk about the now time 11 frame. So what the plaintiff is seeking is information 12 that the Town has that these are not public records. 13 What facts -- 14 MR. GILL: Okay. I'm going to object. It's 15 beyond the scope. You can answer to the extent you 16 can. Calls for a legal conclusion. 17 THE WITNESS: I think I already said my 18 understanding is that Mr. Sweetapple was 19 communicating with Mr. Sufrin to the extent these 20 appear to be communications with Mr. Sufrin. 21 Mr. Sweetapple is communicating with Mr. Sufrin in 22 defense of lawsuits that have been filed against 23 Mr. Sweetapple personally. My understanding is in 24 order to segregate those communications from any 25 work that he was doing for the Town he used a 33 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 personal email address to make that very clear and 2 so to the extent these emails that are listed are 3 attached but to the extent they're all emails to 4 Mr. Sweetapple's personal email address, my 5 understanding is they were all his personal 6 materials and that they were not used in any 7 defense of the Town. 8 BY MR. O'BOYLE: 9 Q So the emails there where Mr. Sweetapple uses 10 his Sweetapple, Broeker and Varkas email address, that 11 would indicate that it's a Town record. 12 MR. GILL: Object to the form. 13 THE WITNESS: No, I don't think that's true. 14 I mean, first of all, you're very vague. This is a 15 very specific public record request so I would need 16 to see what these emails are to determine if it 17 even fits within this particular request which was 18 for communications and documents sent by attorney 19 David Sufrin and received by attorney David Sufrin 20 during a certain time period. Whether it's -- now 21 if I get an email from some attorney who's handling 22 a public records case that happens to involve 23 players that are, you know, involved in a case I 24 have for Gulf Stream, that doesn't make that email 25 a public record of the Town of Gulf Stream even if 34 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 it comes to my work address. 2 BY MR. O'BOYLE: 3 Q Okay. I'm going to I guess label this whole 4 binder as Plaintiff 6. 5 (Plaintiff's Exhibit 6 was marked.) 6 BY MR. O'BOYLE: 7 Q Okay. So Plaintiff's Exhibit 6 is a binder 8 that contains emails received by the plaintiff from 9 David Sufrin. A number of those emails are on 10 Mr. Sweetapple's waiver of work product which is 11 Plaintiff's Exhibit 4, and what I would like the witness 12 to do is go through the emails, they're short, and just 13 tell me the Town's position on why those emails are not 14 public records. 15 A I'm not going to do that. 16 MR. GILL: I'm going to object and instruct 17 the witness not to answer. It's beyond the scope 18 and she's not here to give legal positions. I've 19 repeatedly said what our position is regarding that 20 fact. 21 MR. O'BOYLE: I'm not asking for legal 22 opinions. I'm asking for the Town's opinion. 23 MR. GILL: And I'm asserting it's going to 24 call for work product and attorney-client privilege 25 and she has not been put up to testify regarding 35 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 that per your notice and per my response. 2 BY MR. O'BOYLE: 3 Q Okay. So you are going to not set forth any 4 facts showing that these are public records, that these 5 public documents are public record at summary judgment? 6 I want to make one hundred percent sure because there's 7 a case called North Cut which says if you use certain 8 work product you may not use that evidence -- 9 MR. GILL: Jonathan, I'm here per your notice. 10 MR. O'BOYLE: Indeed. 11 MR. GILL: And your notice has specific 12 requests which she's testified to. I believe that 13 is beyond the scope of this request and to the 14 extent it is and you're asking her to divulge 15 things that I believe are work product and 16 attorney-client privilege that's appropriate to 17 accept. If you wanted to depose someone on that 18 you needed to do a notice for that subject area. 19 You haven't so I'm going to instruct her not to 20 answer that question. 21 BY MR. O'BOYLE: 22 Q Okay. So I just want to make sure for the 23 record the Town is refusing to identify facts and 24 opinions as to what is a public record and what is not a 25 public record. 36 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 A You didn't ask for the facts. 2 MR. GILL: You asked her facts before and she 3 gave you facts. Now you're asking her to go 4 through and what I think calls for work product and 5 attorney-client privilege disclosures regarding 6 something that's not identified in this notice. 7 MR. O'BOYLE: Right. I'm not asking for a -- 8 well, to the extent you're going to use it I am but 9 I'm not asking for a professional opinion. I'm 10 saying if the Town has a position on that these are 11 not public records I'd like to know the basis why. 12 MR. GILL: I think that calls for work product 13 and attorney-client privilege and it's beyond the 14 scope of your notice. She's explained the facts. 15 If you want to ask her factual questions about 16 things she can certainly answer those. Even if you 17 ask her facts beyond the scope of the notice it's 18 not binding on the Town whatever it is. 19 THE WITNESS: A number of these communications 20 aren't even to anyone representing the Town. 21 There's a number of communications to Daniel De 22 Souza. 23 MR. O'BOYLE: Sure. So I'd like for the 24 witness to go through and perhaps there's something 25 in there where it could refresh someone's memory. 37 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 Maybe there's a statement as to Mr. Sweetapple told 2 me that this particular email was used in his 3 personal capacity and had nothing to do with the 4 Town. I'd like to know that. 5 MR. GILL: So if you want to ask a question 6 about a specific question, go to the email and then 7 she'll respond but to have her go through what you 8 asked her to do initially, I stated my objection 9 we're not going to do that. If you have a specific 10 question -- 11 THE WITNESS: Do you want to ask if I've seen 12 an email, do I know anyone at the Town who has seen 13 that email, you can ask me that. 14 BY MR. O'BOYLE: 15 Q Sure. Okay. So email number -- this is tab 16 four, the Plaintiff's 6. Have you ever seen that email? 17 A I don't believe so. I do know there were 18 separate requests at or about the same time for Joel 19 Chandler transcripts and I'd have to go back and look at 20 the Town's response. This is the -- no, I mean this is 21 the transcript from our case so no, I don't believe I've 22 ever seen this email. 23 Q Okay. And do you see the sender right there, 24 the from? 25 A Cynthia Bailey. 38 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 Q Do you know who Cynthia Bailey is? 2 A Cynthia Bailey is now Cynthia Miller. She was 3 a paralegal in Mr. Sweetapple's office and she's now a 4 newly minted lawyer. 5 Q Is there any indication from that email or do 6 you have any facts that that email was not used to 7 conduct Town business? 8 MR. GILL: Object to the form of the question. 9 It's beyond the scope of the testimony this witness 10 was presented to provide. 11 THE WITNESS: I don't have any facts one way 12 or the other that it either was or wasn't used in 13 connection with any Town business. 14 BY MR. O'BOYLE: 15 Q Okay. May I see the binder again? I'm going 16 to try to only pin point a couple. 17 MR. GILL: I mean I'd like -- well, go and ask 18 your questions. 19 BY MR. O'BOYLE: 20 Q Okay. Have you ever seen, and this is at tab 21 10, have you ever seen that email before? 22 A No. 23 Q Okay. Is there any reason to believe that 24 that was not used to conduct Town business? 25 MR. GILL: Object to form. Same objection as 39 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 previously stated. 2 THE WITNESS: Yeah, I mean yes. It says in 3 the body of the email that these documents are 4 attached to the defense of the claims he's filed 5 against you personally and I'm assuming that the to 6 Robert Sweetapple applies to Bob Sweetapple's 7 personal email address though I don't know that to 8 be the case but the email itself Mr. Sufrin is 9 making clear that this is for claims made against 10 Mr. Sweetapple. 11 BY MR. O'BOYLE: 12 Q Okay. 13 A And it's confidential as to those claims. 14 Q Okay. And do you see in there that it 15 references a motion for perjury? 16 A I do. 17 Q Okay. Has Mr. or I'm sorry, has anybody from 18 the Town referred to P3 the second motion for sanctions 19 against Marty O'Boyle as a motion for perjury? 20 MR. GILL: Object to form. 21 THE WITNESS: I think it's called a motion for 22 sanctions and/or for perjury. 23 BY MR. O'BOYLE: 24 Q Okay. 25 A I don't know how Mr. Sweetapple is referring 40 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 to it in any communications he may have made. 2 Q Okay. Do you know of any other motions for 3 perjury that Mr. Sweetapple was either filed or working 4 on at or around the time of that email? 5 MR. GILL: Object to form. 6 THE WITNESS: I don't but I don't know how 7 sending an attorney an entirely unrelated matter a 8 pleading that you file even if it's on behalf of a 9 public entity makes that email to a third party a 10 public record. 11 BY MR. O'BOYLE: 12 Q Okay. May I have the binder back? Okay. 13 This is tab 4. Can you take a look at this email? 14 A I think you've asked me about this email 15 before. 16 Q No, this is a November 12th. I think I asked 17 about December. 18 A Oh, I don't know. Okay. What about it? 19 Q Sure. Do you recognize that email link? I'm 20 sorry, have you ever seen that email before? 21 A I have not. 22 Q Okay. Do you recognize that email link? 23 A To the article? 24 Q Yes. Do you know what article that is? 25 A I don't recall. 41 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 Q Okay. Have you ever been aware of an article 2 written by an FCIR about Martin O'Boyle and Joel 3 Chandler? 4 A Vaguely recall that there may have been an 5 article in or about this time. 6 Q Okay. And did the Town file that article in a 7 court on behalf of -- well, on its own behalf at any 8 point to your recollection? 9 MR. GILL: Object to the form. Beyond the 10 scope of the witness' testimony. 11 THE WITNESS: I don't. I don't recall. 12 BY MR. O'BOYLE: 13 Q Okay. Just one more. 14 A Uh-huh. 15 Q Okay. This is tab 12. Have you ever seen 16 that email? 17 A No, I have not. 18 Q Do you have any factual information that would 19 show that this email is not a public record of the Town? 20 MR. GILL: Object to the form. 21 THE WITNESS: I don't. I don't know why an 22 email to an attorney in another matter -- it's just 23 like plaintiff's lawyers in big cases sharing 24 information. That doesn't make what -- even if 25 Mr. Sweetapple were sending this from his regular 42 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 email address and not in connection with the 2 defense of his own lawsuits, it's an outside email 3 to an attorney on another case with an FYI here's a 4 public pleading we filed. It doesn't make it a 5 public record of Gulf Stream. 6 BY MR. O'BOYLE: 7 Q Okay. So let me back up here. You have 8 knowledge about the way that at least Jones Foster, how 9 they store their records for the Town; isn't that 10 correct? 11 MR. GILL: Object to the form. 12 THE WITNESS: Yeah, I mean I'm not like a tech 13 guru if you're asking something more specific than 14 generally maintaining records. 15 BY MR. O'BOYLE: 16 Q You're familiar with how the Town maintains 17 its records? 18 MR. GILL: Object to the form. 19 THE WITNESS: I am. 20 BY MR. O'BOYLE: 21 Q Or how they should. Sorry, not how they do. 22 A I'm not going to give opinions on what Florida 23 Sunshine Law is about retaining public records. I'm not 24 aware of any spoliation issue in this lawsuit. 25 Q Right. But what I'm asking is the Town has 43 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 policies on records storage, right? 2 MR. GILL: Object to the form. 3 THE WITNESS: I believe their public records 4 manual refers to the state guidelines on public 5 records maintenance and storage. 6 BY MR. O'BOYLE: 7 Q Okay. And let me back up here. When the 8 Town, when a public record is generated by a vendor or 9 third party on behalf of the Town, does the Town always 10 receive a copy of that record? 11 MR. GILL: Object to the form. 12 THE WITNESS: If a public record is generated 13 or if any document is generated? 14 BY MR. O'BOYLE: 15 Q A public record, not just any document. 16 A The Town may or may not receive its copy at 17 that time. 18 Q Okay. And when a -- but the Town has a -- I'm 19 sorry. The Town has a policy that when demanded its 20 third party vendors produce records to it? 21 MR. GILL: Object to the form. 22 THE WITNESS: I'm not sure what the Town's 23 manual says in that regard. 24 BY MR. O'BOYLE: 25 Q Okay. In practice is that how the Town is 44 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 operated that if a third party generates public records 2 on its behalf they tend to keep them with that third 3 party? 4 A Yes, unless I reach out to Mr. Sweetapple I 5 knew it was possible he could have public records that 6 were not in the exclusive possession of the four 7 individuals who work in the Town of Gulf Stream's main 8 office. 9 Q Okay. And what controls does the Town have to 10 ensure that those public records are adequately 11 maintained? 12 MR. GILL: Object to the form. 13 THE WITNESS: Again, I'm not aware of any 14 spoliation issue. If you're asking me what 15 controls does the Town have to ensure that an 16 outside vendor gives you everything that is the 17 public record, I'm not sure any public entity can 18 sort of create such control. 19 BY MR. O'BOYLE: 20 Q Okay. So the Town of Gulf Stream operates on 21 the honor system; is that fair to say? 22 MR. GILL: Object to the form. 23 THE WITNESS: It operates on the honor system 24 when? 25 45 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 BY MR. O'BOYLE: 2 Q Okay. Sure. As in the Town just trusts the 3 third party vendor to turn over public records when 4 requested. 5 MR. GILL: Object to the form. 6 THE WITNESS: As opposed to what? Hiring an 7 outside IT person to go and search that outside 8 vendor's server or rummage through their files? Is 9 that what you're saying? 10 BY MR. O'BOYLE: 11 Q Sure. But, for example, the City of Delray 12 Beach with its towing company, they go quarterly and 13 they perform audits of -- they might spot check but they 14 perform audits of their public records maintained by 15 their towing company. My question was does the Town 16 have any policies or has it ever performed any audits or 17 anything to ensure that A, the vendors are maintaining 18 the records properly and that they have access to the 19 records when need be? 20 MR. GILL: Object to form. 21 THE WITNESS: I'm not of aware of any written 22 policy. 23 BY MR. O'BOYLE: 24 Q To your knowledge has Mr. Sweetapple ever been 25 audited by the Town in practice? 46 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 MR. GILL: Object to the form. 2 THE WITNESS: I think with the hundreds of 3 public records requests, thousands that the Town 4 has received in the last four years, Mr. Sweetapple 5 is routinely audited when the Town and it's myself 6 and others would reach out to inquire as to whether 7 and to what extent he had public records so I 8 consider that a form of audit, yes. 9 BY MR. O'BOYLE: 10 Q Okay. And then that audit would be to ask 11 Mr. Sweetapple and then when whatever he tells you the 12 Town accepts that? 13 MR. GILL: Object to the form. 14 THE WITNESS: Yes. I mean, you know, the Town 15 does not ask Mr. Sweetapple or me or any of its 16 other vendors as far as I'm aware can we look at 17 your private personal email to see if there might 18 be a public record hidden in there so no, they're 19 not doing that. 20 BY MR. O'BOYLE: 21 Q Okay. And the Town, to your knowledge the 22 Town doesn't have like a depository where like for 23 example for outside litigation counsel where the Town 24 says any public records that you believe you've 25 generated put them in this file, put them in this 47 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 folder, give them to us? 2 MR. GILL: Object to form. 3 THE WITNESS: While litigation is ongoing? 4 BY MR. O'BOYLE: 5 Q For any vendor. I just did for litigation 6 because I know you know a little bit about that. 7 A I'm not sure. At some point in time at least 8 in terms of some of the public records litigation the 9 Town was uploading pleadings about the public and the 10 residents of the Town to see what's happening, could see 11 deposition transcripts, could see pleadings filed and 12 I'm not sure if something similar was done in connection 13 with the under-grounding in terms of uploading important 14 documents. 15 Q So there's no formal policy that any 16 communications, any pleadings must be sent to this 17 depository so the Town can -- 18 A There is none. 19 Q Okay. Then I don't have any further 20 questions. 21 CROSS-EXAMINATION 22 BY MR. GILL: 23 Q Mrs. O'Connor, Hudson Gil representing the 24 Town of Gulf Stream. 25 You referenced an email you sent to certain 48 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 persons in an effort to obtain documents responsive to 2 the request we're here today. Do you recall that 3 testimony? 4 A I do. 5 Q Is this that email? 6 A Yes. 7 Q Is that a true and accurate copy of that email 8 that you obtained? 9 A Yes, this is the email I sent to 10 Mr. Sweetapple's office. 11 Q I'd like this marked as Defendant's 1. 12 (Defendant's Exhibit 1 was marked.) 13 BY MR. GILL: 14 Q Then, Mrs. O'Connor, you also referenced an 15 email you sent to Kelly Avery providing the documents 16 that was in response to a public records request. Do 17 you recall that testimony? 18 A I do. 19 Q Is this that email? 20 A Yes. 21 Q Is that a true and accurate copy you obtained 22 to be here today? 23 A Yes, it is. 24 Q I'd like to mark that as Defendant's Exhibit 25 2. 49 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 (Defendant's Exhibit 2 was marked.) 2 MR. O'BOYLE: Can I see that? Okay. 3 MR. GILL: I have no further question of the 4 witness. Do you have any redirect I guess? 5 REDIRECT EXAMINATION 6 BY MR. O'BOYLE: 7 Q Just one question. 8 Kelly Avery's role in this, what was her role 9 in responding to -- 10 A To this particular request? 11 Q To this particular one. 12 A Kelly Avery at the time was the Town's lead 13 responding to all public records questions and her 14 process in responding to requests would be her attempt 15 to answer it herself or with the assistance of employees 16 working at town hall if she could and get it out as soon 17 as possible. Other requests she would have to reach out 18 to me or to Mr. Sweetapple's office to determine whether 19 we could assist with either a response of records or 20 exemptions. And in this case in reviewing my time it 21 appears that Ms. Avery reached out to me on this 22 particular request we had logged as public record 23 request 2141 and it appears that we discussed this 24 request and then I then followed up with 25 Mr. Sweetapple's office to see if he had anything 50 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 additional to what I had and when they responded that 2 they did not I forwarded the one responsive document 3 that I had to Ms. Avery to be produced. 4 Q So to your knowledge or to the Town's 5 knowledge did Kelly Avery just act or I'm sorry, my 6 understanding, and tell me if I'm wrong, that you did 7 the requesting and retrieving the records and Kelly 8 Avery was just a conduit here? 9 MR. GILL: Object to the form. 10 THE WITNESS: This is a long time ago. 11 BY MR. O'BOYLE: 12 Q Sure. 13 A Ms. Avery's normal procedure, like I said, 14 would have been to communicate with other employees at 15 town hall, sometimes with commissioners and also to 16 search Town emails for responsive records. The Town has 17 reached out to her. She does not recall what she 18 specifically did in responding to this request so from 19 the information we have reasonably available to us is 20 these actual written communications which show at the 21 very least she reached out to me, I reached out to 22 Mr. Sweetapple's office and produced this responsive 23 document that was provided, yes. 24 Q Okay. So what I thought I heard you 25 understand or what I thought I heard was that the Town 51 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 doesn't have any independent, I'm sorry, the Town 2 doesn't have any knowledge that Ms. Avery had any 3 independent conversations with Mr. Sweetapple? 4 A Correct. 5 Q Sorry that was kind of confusing. 6 Ms. Avery didn't actually communicate with 7 Mr. Sweetapple in this for this request? 8 A The Town does not recall any communications 9 between Ms. Avery and Mr. Sweetapple regarding this 10 request. 11 Q Okay. One last question that was when the 12 Town was sued on this request, I'm sorry, let me back up 13 more broadly. 14 What efforts did the Town do to secure records 15 that plaintiff contended were missing or is that Kelly 16 Avery? 17 MR. GILL: I'm going to object to the form. 18 Can you rephrase the question? 19 BY MR. O'BOYLE: 20 Q Sure, sure, sure. 21 Sort of in context if Kelly Avery didn't or 22 chances are didn't have any independent conversations in 23 responding to this request so I just moved on to when 24 the Town received the lawsuit, you know, I guess who, 25 you know, what was -- let me back up. 52 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 What happened in terms of identifying records 2 that the plaintiff was seeking or finding more records 3 and who did that is essentially where I'm going? 4 MR. GILL: Once the litigation is filed? 5 BY MR. O'BOYLE: 6 Q Yes. The Town receives a lawsuit and I'm 7 assuming it was Kelly Avery or maybe it wasn't, someone 8 does an investigation because the complaint said that 9 the records, there were missing records. 10 A I mean I guess here's how I'll respond. This 11 is a long time ago. How the Town responded after the 12 suit was filed is not one of the topics of inquiry so 13 the Town has not sort of -- I know I didn't search any 14 emails I may have had with Ms. Avery to see what if any 15 discussions we had after the lawsuit was filed so I 16 really can't answer, you know, on behalf of the Town in 17 terms of what was done after the lawsuit was filed. I 18 don't have any specific recollection. There were dozens 19 of lawsuits pending at this time. 20 MR. O'BOYLE: Okay. Then I don't have any 21 further questions. 22 MR. GILL: We will read and take a copy if 23 it's ordered. Are you going to order? 24 MR. O'BOYLE: Yeah, I think so. 25 (The deposition was concluded at 11:38 a.m.) 53 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 STATE OF FLORIDA ) 2 COUNTY OF PALM BEACH ) 3 4 I, the undersigned authority, certify that the 5 aforementioned witness personally appeared before me and 6 was duly sworn. 7 Dated this 26th day of August, 2018. 8 9 10 ________________________________ 11 Sandra Rossi Notary Public-State of Florida 12 My Commission # FF958900 Expires 3/20/2020 13 14 15 16 17 18 19 20 21 22 23 24 25 54 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 C E R T I F I C A T E 2 3 STATE OF FLORIDA ) COUNTY OF PALM BEACH ) 4 5 I, Sandra Rossi, Court Reporter, State of Florida at Large, do hereby certify that the 6 aforementioned witness was by me first duly sworn to testify the whole truth; that I was authorized to and 7 did report said deposition in stenotype; and that the foregoing pages are a true and correct transcription of 8 my shorthand notes of said deposition. 9 I further certify that said deposition was taken at the time and place hereinabove set forth and 10 that the taking of said deposition was commenced and completed as hereinabove set out. 11 I further certify that I am not attorney or 12 counsel of any of the parties, nor am I a relative or employee of any attorney or counsel of party connected 13 with the action, nor am I financially interested in the action. 14 The foregoing certification of this 15 transcript does not apply to any reproduction of the same by any means unless under the direct control 16 and/or direction of the certifying reporter. 17 Dated this 26th day of August, 2018. 18 19 ________________________________ SANDRA ROSSI 20 Notary Public - State of Florida My Commission # FF958900 21 My Commission Expires 3/20/2020 22 23 24 25 55 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 E R R A T A S H E E T 2 IN RE: O'BOYLE V. TOWN OF GULF STREAM 3 DEPOSITION OF: JOANNE O'CONNOR TAKEN: AUGUST 14, 2018 4 DO NOT WRITE ON TRANSCRIPT - ENTER CHANGES HERE 5 PAGE # LINE # CHANGE REASON 6 _____________________________________________________ 7 _____________________________________________________ 8 _____________________________________________________ 9 _____________________________________________________ 10 _____________________________________________________ 11 _____________________________________________________ 12 _____________________________________________________ 13 _____________________________________________________ 14 _____________________________________________________ 15 _____________________________________________________ 16 _____________________________________________________ 17 _____________________________________________________ 18 _____________________________________________________ 19 _____________________________________________________ 20 _____________________________________________________ 21 Please forward the original signed errata sheet to this office so that copies may be distributed to all parties. 22 Under penalty of perjury, I declare that I have read my 23 deposition and that it is true and correct subject to any changes in form or substance entered here. 24 SIGNATURE OF 25 DEPONENT:___________________________DATE:______ 56 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 DATE: AUGUST 26, 2018 2 TO: JOANNE O'CONNOR C/O HUDSON C. GILL, ESQUIRE 3 2455 E. SUNRISE BOULEVARD, SUITE 1000 FORT LAUDERDALE, FLORIDA 33304 4 IN RE: O'BOYLE V. TOWN OF GULF STREAM 5 6 Please take notice that on Tuesday the 14th of August, 2018, you gave your deposition in the above 7 referred matter. At that time, you did not waive your signature. It is now necessary that you sign your 8 deposition. 9 Please call our office at the below-listed number to schedule an appointment between the hours of 10 9:00 a.m. and 4:30 p.m., Monday through Friday at our office located nearest you. 11 If you do not read and sign the deposition 12 within a reasonable time, the original, which has already been forwarded to the ordering attorney, may be 13 filed with the Clerk of the Court. If you wish to waive your signature, sign your name in the blank at the 14 bottom of this letter and return it to us. 15 Very truly yours, 16 17 SANDRA ROSSI, Notary Public Daughters Reporting, Inc. 18 (954)755-6401 19 20 I do hereby waive my signature: 21 ___________________________ 22 JOANNE O'CONNOR 23 cc via transcript: Jonathan O'Boyle, Esquire 24 Hudson C. Gill, Esquire 25 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 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2:4 defend 25:19,22 Defendant 2:6 Defendant's 4:9 48:11,12,24 49:1 Defendants 1:8 defending 22:2 27:14 defense 11:12 32:22 33:7 39:4 42:2 Delray 45:11 demanded 43:19 DEPONENT 55:25 depose 35:17 deposition 1:12 4:4,6 5:1,17 6:16 14:1,6,23 15:1,7,9,13,16 16:1,4,16,18 31:12 47:11 52:25 54:7,8,9 54:10 55:3,23 56:6,8,11 depository 46:22 47:17 deputy 9:17 DESCRIPTION 4:3 determination 17:4 determine 10:2 33:16 49:18 different 19:3,12 24:23 direct 3:3 5:23 54:15 direction 54:16 disclosures 36:5 discuss 6:21 discussed 49:23 discussion 21:18 discussions 52:15 dispute 20:3 26:25 distributed 55:21 divulge 35:14 document 6:7,13 6:15 7:12,16 14:13,15 43:13 43:15 50:2,23 documents 10:6 10:18 11:7 12:21 22:21 3 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 30:9,14,20 31:9 33:18 35:5 39:3 47:14 48:1,15 doing 32:25 46:19 dozens 19:23 52:18 drafting 29:2 Drive 2:3 duly 5:7 53:6 54:6 E E 1:3 2:8 54:1,1 55:1,1,1 56:3 earlier 12:4 25:5 early 12:24 effect 24:7 25:24 effort 48:1 efforts 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formal 47:15 forms 7:20 Fort 1:25 2:8 56:3 forth 35:3 54:9 forward 21:17 31:16 55:21 forwarded 50:2 56:12 Foster 1:6 7:5,7 42:8 four 37:16 44:6 46:4 frame 32:11 Friday 56:10 front 6:7 further 13:12 21:16 47:19 49:3 52:21 54:9,11 furtherance 12:15 26:4 future 32:7 FYI 42:3 G generally 9:12 42:14 generated 43:8 43:12,13 46:25 generates 44:1 Gil 47:23 Gill 2:6 3:5 5:12 8:3,6,11 9:3 10:8 12:9 13:18 14:4 16:7,19 17:2 17:19 18:2,19 19:8,18 20:6 21:10 24:3,16 25:2 26:8 28:6 29:7,25 30:11 30:24 31:10,22 32:4,14 33:12 34:16,23 35:9 35:11 36:2,12 37:5 38:8,17 38:25 39:20 40:5 41:9,20 42:11,18 43:2 43:11,21 44:12 4 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 44:22 45:5,20 46:1,13 47:2 47:22 48:13 49:3 50:9 51:17 52:4,22 56:2,24 Gillen 17:14 give 7:12 17:5,22 30:25 34:18 42:22 47:1 given 8:2 9:20 gives 44:16 giving 6:3 gmail 24:19 go 5:10 12:6,18 18:5,7,23 22:6 31:15 34:12 36:3,24 37:6,7 37:19 38:17 45:7,12 going 6:4 7:12 9:3 12:9 15:19 17:2,4,8,24 18:7,19 19:18 21:16 26:17 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lawyers 41:23 lead 49:12 legal 7:9 9:9 17:3,6,22,22 26:5 30:25 32:16 34:18,21 let's 9:13 12:6,18 14:19 21:14 32:10 letter 7:23 8:15 10:4,8,9,14,17 10:21 12:22 13:3 31:19 56:14 letterhead 8:23 light 16:14 limited 11:24 26:1 line 27:25 55:5 link 40:19,22 listed 33:2 litigated 19:23 litigation 7:3 9:10 11:21,23 11:25 12:2 14:17 30:13,14 30:21 46:23 47:3,5,8 52:4 little 32:8 47:6 located 56:10 logged 49:22 long 9:1 15:3,8 15:16 16:4,25 28:4 50:10 52:11 look 14:22 18:11 20:24 26:17 27:3 30:18 37:19 40:13 46:16 looked 12:22 looking 8:18 M main 44:7 5 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. maintained 44:11 45:14 maintaining 42:14 45:17 maintains 42:16 maintenance 43:5 making 39:9 manual 21:7 43:4,23 March 9:16 mark 6:4 14:9 15:19 26:13 48:24 marked 6:5 7:14 14:11 15:21 26:15 34:5 48:11,12 49:1 Martin 1:3 11:4 14:2 41:2 Marty 39:19 materials 33:6 matter 26:7 27:14 29:15,16 40:7 41:22 56:7 matters 7:3 11:21,23,25 12:2 27:18 29:6,13 me.com 23:20 mean 7:5 12:8 20:13 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34:3,7 35:3,22 37:15,23 38:15 38:20,23 39:12 39:14,17,24 40:2,12,12,18 40:22 41:1,6 41:13,15 42:7 43:7,18,25 44:9,20 45:2 46:10,21 47:19 49:2 50:24 51:11 52:20 Once 52:4 ongoing 47:3 operated 44:1 operates 44:20 44:23 opinion 17:6 34:22 36:9 opinions 17:22 34:22 35:24 42:22 opposed 22:24 45:6 order 32:24 52:23 ordered 52:23 ordering 56:12 original 31:21 55:21 56:12 outside 10:1,14 21:3 42:2 44:16 45:7,7 46:23 P P.A 1:6 2:7 P.L 1:7 p.m 56:10 P3 28:11 39:18 P4 28:10 30:6 page 3:2 4:3 7:21,24 8:18 6 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 8:21 14:22 55:5 pages 54:7 paid 26:21 PALM 1:1 53:2 54:3 paper 6:4 8:5 paragraph 14:24 paralegal 38:3 part 24:5 particular 12:25 13:19 15:11 21:20 22:13,17 33:17 37:2 49:10,11,22 particularly 11:24 parties 5:19 11:4 54:12 55:21 party 40:9 43:9 43:20 44:1,3 45:3 54:12 penalty 55:22 pending 52:19 percent 10:12 35:6 Perfect 29:19 perform 45:13 45:14 performed 45:16 period 33:20 perjury 14:2 26:3 39:15,19 39:22 40:3 55:22 person 45:7 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55:22 56:11 really 24:17 52:16 reason 26:25 38:23 55:5 reasonable 56:12 reasonably 50:19 reasons 25:7 recall 9:8 13:13 18:16 21:22 23:21 40:25 41:4,11 48:2 48:17 50:17 51:8 receive 9:21 23:19 43:10,16 received 10:14 10:16 15:12 21:25 22:3,6 22:10,20,23 23:5,24 32:6 33:19 34:8 46:4 51:24 receives 52:6 recognize 8:22 40:19,22 recollection 23:15 25:17 41:8 52:18 record 5:11 6:1 13:19 14:19 15:15 17:1,5 17:18 20:4,4,5 20:11,12,12 31:3 33:11,15 7 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 33:25 35:5,23 35:24,25 40:10 41:19 42:5 43:8,10,12,15 44:17 46:18 49:22 records 9:10,14 9:19,20,22,24 10:3 11:2,22 11:25 12:20 13:2,10,16,21 18:18 19:1,15 19:22,25 20:16 20:17,19,22,23 21:3,6,9,16,18 21:23 22:10,16 25:25 27:14 30:10,15,20 31:9,21,24,24 31:25 32:3,12 33:22 34:14 35:4 36:11 42:9,14,17,23 43:1,3,5,20 44:1,5,10 45:3 45:14,18,19 46:3,7,24 47:8 48:16 49:13,19 50:7,16 51:14 52:1,2,9,9 records@com... 8:16 redirect 3:6 49:4 49:5 reference 15:1 referenced 47:25 48:14 references 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41:15 segregate 32:24 sender 37:23 sending 11:6 40:7 41:25 sense 5:20 sent 7:24 21:24 33:18 47:16,25 48:9,15 separate 12:16 37:18 September 5:14 31:14 server 45:8 service 9:9 services 7:9 set 31:14 35:3 54:9,10 sharing 41:23 she'll 37:7 sheet 55:21 short 34:12 shorthand 54:8 shortly 29:4 show 41:19 50:20 showing 35:4 sign 56:7,11,13 signature 55:24 56:7,13,20 signed 55:21 similar 47:12 single 30:19 slander 25:16 8 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. small 14:5 24:19 someone's 36:25 soon 49:16 sorry 12:19 13:24 28:1 39:17 40:20 42:21 43:19 50:5 51:1,5,12 sort 9:9 44:18 51:21 52:13 sounds 23:16 Souza 36:22 speak 23:22 speaking 16:6 21:22 27:13,18 special 11:7,21 18:18 specific 13:14 33:15 35:11 37:6,9 42:13 52:18 specifically 50:18 spoke 12:4 spoken 11:15 spoliation 42:24 44:14 spot 45:13 spring 9:11 standing 21:2 staple 8:6,7 start 21:14 state 5:3,25 17:3 22:5,9 43:4 53:1 54:3,5,20 stated 19:10 37:8 39:1 statement 25:7 37:1 stenotype 54:7 stipulate 5:21 8:9 17:6,19 31:10 stipulation 5:11 storage 18:18 19:4,6,9 43:1,5 store 42:9 stored 19:15 Stream 1:6 6:17 6:22 9:2 33:24 33:25 42:5 44:20 47:24 55:2 56:4 Stream's 8:23 44:7 Stubbs 1:6 7:6,7 subject 11:1 35:18 55:23 submit 31:18 submits 29:19 submitted 26:10 26:20 submitting 29:12 substance 55:23 sued 11:4 51:12 Sufrin 10:23 11:11,15 12:5 12:7,14 21:24 21:25 22:4,24 23:5,6 25:6,18 25:22 26:2,11 27:6,10 32:19 32:20,21 33:19 33:19 34:9 39:8 suggest 32:3 suggesting 24:7 suit 52:12 Suite 1:17,24 2:8 56:3 summary 5:14 18:3 31:15 35:5 Sunrise 2:8 56:3 Sunshine 42:23 supplementing 31:20 sure 10:12 11:9 13:15 19:5,14 20:13,14,24 21:6,12 22:19 24:18 26:23 27:11 28:14,15 29:2 30:18 32:10 35:6,22 36:23 37:15 40:19 43:22 44:17 45:2,11 47:7,12 50:12 51:20,20,20 suspicion 16:22 suspicious 16:17 Sweetapple 1:7 10:15 11:7,10 11:15,17,20 12:13,19 13:12 15:7 16:3,18 17:17 18:12 19:1,11,15,21 20:3,10,14,22 21:8,17,23 22:2,5,9,13,14 22:19 24:8 25:6,8,9,10,14 25:17,21 26:6 26:10,21 27:8 27:10,13,18 28:15,16,20 29:6,12,19 30:5 32:6,18 32:21,23 33:9 33:10 37:1 39:6,10,25 40:3 41:25 44:4 45:24 46:4,11,15 51:3,7,9 Sweetapple's 10:2 11:12,19 13:1,8 23:7 33:4 34:10 38:3 39:6 48:10 49:18,25 50:22 sweetapple13 23:19 sweetapple13... 23:14 sworn 5:7 53:6 54:6 system 44:21,23 T T 54:1,1 55:1,1 tab 37:15 38:20 40:13 41:15 take 26:17 27:3 29:23 40:13 52:22 56:6 taken 1:13 5:1 30:1 54:9 55:3 talk 32:10 tech 42:12 tell 25:10 26:17 34:13 50:6 tells 46:11 tend 44:2 terms 9:23 47:8 47:13 52:1,17 testified 5:8 25:24 35:12 testify 34:25 54:6 testimony 38:9 41:10 48:3,17 thing 8:13 things 17:21 35:15 36:16 think 9:17 10:9 10:18,19 11:23 16:15 17:12 19:3,8,21,23 20:14,19 25:9 28:11 30:6,21 32:17 33:13 36:4,12 39:21 40:14,16 46:2 52:24 third 40:9 43:9 43:20 44:1,2 45:3 thought 50:24 50:25 thousands 46:3 three 25:14 throw 8:4 time 9:15,18 10:19 11:22 12:12 13:22 22:1,19 25:12 25:25 28:10 29:3 32:10 33:20 37:18 40:4 41:5 43:17 47:7 49:12,20 50:10 52:11,19 54:9 56:7,12 timely 5:16,19 19:16 title 9:17 today 10:19 16:12 48:2,22 told 21:8 25:9,17 37:1 top 8:21 topic 23:22 topics 6:18,22 52:12 towing 45:12,15 town 1:6 6:16,22 6:24 7:1,2,4,8 7:9,22 8:2,9,16 8:22 9:1,9,13 9:16,16,18,21 10:2,5,14,16 11:14,18,21 12:7,8,15,18 12:19 13:11,15 13:20,24 14:1 14:5,17 15:12 15:12 16:2,17 17:1,16,18 18:8,10,18,25 19:14,16,25 20:3,11,18,21 21:1,1,4,8,16 22:20 23:18,22 23:23,25 24:6 24:9,13,15,24 25:1,22 26:4,7 26:11,20,21 27:14,19 28:17 29:6,11,15,18 9 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 29:20,21 30:8 31:8,18,24,25 32:2,12,25 33:7,11,25 35:23 36:10,18 36:20 37:4,12 38:7,13,24 39:18 41:6,19 42:9,16,25 43:8,9,9,16,18 43:19,25 44:7 44:9,15,20 45:2,15,25 46:3,5,12,14 46:21,22,23 47:9,10,17,24 49:16 50:15,16 50:16,25 51:1 51:8,12,14,24 52:6,11,13,16 55:2 56:4 Town's 7:10 12:23 19:5 21:6 29:5,20 31:5 34:13,22 37:20 43:22 49:12 50:4 transcript 5:17 14:1,23 15:7 15:10,13,16 16:4,10,17,18 16:22,25 17:16 26:3 28:1,4,17 28:21 37:21 54:15 55:4 56:23 transcription 54:7 transcripts 37:19 47:11 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56:13 witness 5:9 8:12 12:11 13:19 14:5 16:8,21 17:8 18:5,22 19:21 20:8 24:5,17 25:3 26:9 28:7 29:8 30:12 31:23 32:17 33:13 34:11,17 36:19 36:24 37:11 38:9,11 39:2 39:21 40:6 41:11,21 42:12 42:19 43:3,12 43:22 44:13,23 45:6,21 46:2 46:14 47:3 49:4 50:10 53:5 54:6 witness'41:10 work 4:6 7:4 26:6 30:5 32:25 34:1,10 34:24 35:8,15 36:4,12 44:7 worked 9:19,22 working 40:3 49:16 WRITE 55:4 writing 13:4 written 10:20 13:9 22:3 24:6 41:2 45:21 50:20 wrong 50:6 wrote 10:21 X Y Yeah 5:12 8:11 10:12 12:11 18:5 24:17 28:12,14 30:23 39:2 42:12 52:24 years 9:8 46:4 yesterday 15:25 Z 0 1 1 4:4,10 6:4,5,10 7:17 48:11,12 1.6 27:23 10 27:8 38:21 10:20 1:15 1000 2:8 56:3 101 1:24 11/13/2014 27:21 11:00 30:1 11:03 30:1 11:38 1:15 52:25 12 41:15 1286 2:3 12th 40:16 13 27:23 14 1:15 4:6 55:3 14th 56:6 15 4:6 1500 1:24 1515 1:17 16 14:24 20:14 17 9:7 12:22 13:3 20:14 19 8:15 19th 8:2 2 2 4:5,11 7:13,14 8:19,22 10:6 22:7,21 48:25 49:1 2000 20:14 2013 9:11 2014 9:12 10:4 10:20 11:20 12:13,22 13:3 27:8 28:24 2014/2015 12:6 2014CA04474 14:3 2016 8:2,15 9:16 9:21 12:18 13:22 21:2 22:15 2017 16:12 2018 1:15 53:7 10 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 54:17 55:3 56:1,6 20th 5:15 2141 49:23 2455 2:8 56:3 26 4:7 56:1 26th 53:7 54:17 3 3 4:5 14:10,11 16:16 3/20/2020 53:12 54:21 300 1:17 33301 1:25 33304 2:8 56:3 33432 1:17 33442 2:4 34 4:7 3rd 1:24 4 4 4:6 14:22 15:20,21,23 20:15 34:11 40:13 4:30 56:10 4474 14:7,18 16:5 17:17 47 3:5 48 4:10 49 3:6 4:11 5 5 3:3 4:7 26:14 26:15,18,19 27:5 502016CA004... 1:2 53 3:7 54 3:8 6 6 4:4,7 34:4,5,7 37:16 6th 5:14 31:14 7 7 4:5 8 9 9:00 56:10 954-463-0100 2:9 954-570-3501 2:4 954)755-6401 56:18 OConnor, Joanne M. From: OConnor, Joanne M. <J0Connor©jonesfostencom> on behalf of OConnor, Joanne M. Sent: Monday, April 11, 20164:00 PM To: dsmith@sweetapplelaw.com; cmiller@sweetapplelaw.com Cc: rsweetapple©sweetapplelawcom Subject: RE: O'Boyle v. Borough of Longport Attachments: IP to cape may courthouse from david sufrin.121714.pdf Importance: High The Town of Gulf Stream has a public records request for any communication to or from David Sufrin. That would include any emails or other communications by which Bob received the attached letter dated 12./17/14. The request seeks: Provide a copy of all records, including, without limitation, all communications, attachments to such communications and documents which were sent by Attorney David Suidn to any of the Requestees and which were received by Attorney David Sufrin from any of the requestees for the period beginning January 1, 2013 through today. Please search email and other communications relative to correpsondence to and from Sufrin during the relevant period and forward anything response to me and/or Kelly Avery at Gulf Stream. Thanks, Joanne JONESFOSTER 5014551f v iv Joanne M. O'Connor Attorney Direct Dial: 561.650.0498 I Fax: 561.650.5300 f joconnor@jonesfostersom Jones, Foster, Johnston & Stubbs, P.A. Planter Centex Tower, 505 South Hagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 wwwtionesfoster.com Incoming emails arc filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of ibis email is prohibited. Please immediately notify us by email and delete the original message. WLExtior_j_ wn Cm/ or DATE: ortUOMERSREPOMING,In SR From: Deborah Smith [mallto:dsmaii@sweetapplelaw.com] Sent: Friday, December 19, 2014 11:40 AM To: OConnor, Joanne M. Cc Robert Sweetapple; Cynthia Bailey Subject: O'Boyle v. Borough of Longport Ms. O'Connor, Please see the attached correspondence from David Sufrin, Esquire to the Honorable Christopher/. Gibson regarding O'Boyle v. The Borough of Longport for your review from Robert A. Sweetapple, Esquire. 'Very truly yours, DEBORAH L. SMITH, CP, FRP Certified Paralegal, Florida Registered Paralegal Sweetapple, Broeker & Varkas, P.L. 20 SE 3'd Street Boca Raton, FL 33432 (561) 392-1230 (t) x. 300 (561)394-6102 (f) dsmith@sweetapplelaw.com STATEMENT OF CONFIDENTIALITY The information in this e-mail is confidential and may be legally privileged. [(you are not the named addressee, or if this message has been addressed to you in error, you are directed not to read, disclose, reproduce, distribute, disseminate, m aintain, save or otherwise use this email. Please contact the sender at the above number immediately. Delivery of this message to any person other than the Intended recipient(s) is not intended in any way to waive privilege or confidentiality.