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Home My Public Portal AboutFW_ Gulfstream_O'Boyle - Settlement Agreement IPM.Note FW: Gulfstream\O'Boyle - Settlement Agreement FW: OConnor, Joanne M. SMTP JOConnor@jonesfoster.com Gulfstream\O'Boyle - Settlement Agreement X-Vipre-Scanned: 0FA76F5201363C0FA7709F Received: from GSEXCH-1.GulfstreamTH.local (10.0.0.22) by GSEXCH-1.GulfstreamTH.local (10.0.0.22) with Microsoft SMTP Server (TLS) id 15.0.1130.7 via Mailbox Transport; Wed, 1 Nov 2017 10:04:45 -0400 Received: from GSEXCH-1.GulfstreamTH.local (10.0.0.22) by GSEXCH-1.GulfstreamTH.local (10.0.0.22) with Microsoft SMTP Server (TLS) id 15.0.1130.7; Wed, 1 Nov 2017 10:04:43 -0400 Received: from us-smtp-delivery-171.mimecast.com (63.128.21.171) by mail.gulf-stream.org (10.0.0.22) with Microsoft SMTP Server (TLS) id 15.0.1130.7 via Frontend Transport; Wed, 1 Nov 2017 10:04:41 -0400 Received: from JFJSEXCH01.jones-foster.com (12.222.227.73 [12.222.227.73]) (Using TLS) by us-smtp-1.mimecast.com with ESMTP id us-mta-164-seYpX6USNtmSwXAafN6UEA-3; Wed, 01 Nov 2017 10:04:44 -0400 Received: from JFJSEXCH01.jones-foster.com (192.168.100.18) by JFJSEXCH01.jones-foster.com (192.168.100.18) with Microsoft SMTP Server (TLS) id 15.0.1293.2; Wed, 1 Nov 2017 10:04:43 -0400 Received: from JFJSEXCH01.jones-foster.com ([::1]) by JFJSEXCH01.jones-foster.com ([::1]) with mapi id 15.00.1293.006; Wed, 1 Nov 2017 10:04:43 -0400 From: "OConnor, Joanne M." <JOConnor@jonesfoster.com> To: Trey Nazzaro <TNazzaro@gulf-stream.org> Subject: FW: Gulfstream\O'Boyle - Settlement Agreement Thread-Topic: Gulfstream\O'Boyle - Settlement Agreement Thread-Index: AdNRzryh8QogWJmKSbKMsmnP/a6L2ABS5wkQ Date: Wed, 1 Nov 2017 14:04:42 +0000 Message-ID: <ef28755369da449a95ce775cb99ff748@JFJSEXCH01.jones-foster.com> References: <DM5PR16MB145184C1599FA379BC75C712855E0@DM5PR16MB1451.namprd16.prod.outlook.com> In-Reply-To: <DM5PR16MB145184C1599FA379BC75C712855E0@DM5PR16MB1451.namprd16.prod.outlook.com> Accept-Language: en-US Content-Language: en-US X-MS-Exchange-Organization-AuthAs: Anonymous X-MS-Exchange-Organization-AuthSource: GSEXCH-1.GulfstreamTH.local X-MS-Has-Attach: yes X-MS-Exchange-Organization-SenderIdResult: Pass X-MS-Exchange-Organization-SCL: 0 X-MS-Exchange-Organization-PCL: 2 X-MS-Exchange-Organization-PRD: jonesfoster.com X-MS-TNEF-Correlator: received-spf: Pass (GSEXCH-1.GulfstreamTH.local: domain of JOConnor@jonesfoster.com designates 63.128.21.171 as permitted sender) receiver=GSEXCH-1.GulfstreamTH.local; client-ip=63.128.21.171; helo=us-smtp-delivery-171.mimecast.com; Content-Type: multipart/mixed; boundary="_007_ef28755369da449a95ce775cb99ff748JFJSEXCH01jonesfosterco_" MIME-Version: 1.0 OConnor, Joanne M. SMTP JOConnor@jonesfoster.com Trey Nazzaro Settlement talks Gulfstream\O'Boyle - Settlement Agreement Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com <mailto:joconnor@jonesfoster.com> Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com <http://www.jonesfoster.com/> Incoming emails are 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 this email is prohibited. Please immediately notify us by email and delete the original message. From: Marty O'Boyle [mailto:moboyle@commerce-group.com] Sent: Monday, October 30, 2017 8:35 PM To: OConnor, Joanne M. <JOConnor@jonesfoster.com> Cc: Jonathan O'Boyle <joboyle@oboylelawfirm.com>; William Ring <wring@commerce-group.com>; Brenda Russell <brussell@commerce-group.com>; Nick Taylor <ntaylor@oboylelawfirm.com>; Giovani Mesa <gmesa@oboylelawfirm.com>; 'robertrivas@comcast.net' <robertrivas@comcast.net> Subject: Gulfstream\O'Boyle - Settlement Agreement This message originated from outside your organization ________________________________ Joanne: Attached is a redraft of the Settlement Agreement (the “SA”) which you sent to Bill Ring by email on October 26, 2017. It may be a bit rough. I need to go over it again. I am sending it to counsel for any comments that they may have. After much thought and considering all factors, including the carve-outs, I have simplified the SA. IN that connection, I point out the below, which I believe are the substantive changes to your draft (utilizing the same numbered paragraphs as in the attached): 2. I have provided a release to the Town, the Commissioners, etc. and the other Defendants in the various records suits. The schedule of open records cases (a draft is attached – please review) excludes Case #4474 as discussed. In this connection, I ask you to begin the preparation of Dismissals with prejudice with each party bearing its own fees and costs. 3. I have provided for a General Release from (what I have defined as) the “Gulf Stream Parties” to (what I have defined as) the “O’Boyle Parties”. The above changes emanate from my thoughts regarding the following: A. The issue with my Insurer. Assuming the attached draft works, that issue now goes away as an open issue. An alternative, suggested by Jeff Hochman, which you seemed to reject, would be an Indemnity. B. I have eliminated the concept of the “Joining Parties”. After much thought, it made the agreement much more complex than necessary. Any extraneous cases (e.g.: the Sweetapple Slander Case (the “SSC”)) could be handled separately. So that you know, I am open to discussing the SSC and any other extraneous cases, at any time, if requested to do so. Joanne, the attached should work. Let’s look at what it accomplishes: * It gets rid of the Records Litigation as aforesaid. * It gets rid of the “Insurance Issue”, which I (reluctantly) take on. * It provides for the withdrawal of all existing unfulfilled requests, which eliminates the possibility of future litigation in connection therewith. * It discourages future Records Requests. I am prepared to address any issues or items which you may raise to the extent not addressed or unsatisfactorily addressed in the attached document. Assuming (conceptually) that the attached is acceptable, as I see it, the only remaining issue is what we have been referring to as the “Jon” issue, which I hope to work out with your side and Judge Hazouri on Friday. Let’s get done! :) Of course, the content of this email and the attached document are sent for discussion purposes; and neither party shall be bound by any settlement until the SA is properly signed by me and the Town. Thank you for working with me toward our common goal. UNFORTUNATELY, I RECEIVE TOO MANY EMAILS ON A DAILY BASIS. THE RESULT IS THAT I DO NOT HAVE A CHANCE TO REVIEW THEM ALL; AND MANY I DO NOT SEE AT ALL. I ENCOURAGE YOU TO CONTINUE TO SEND ME EMAILS; AND, IF YOU DON’T HEAR FROM ME WITHIN 48 HOURS, I URGE YOU TO CALL ME. I ALSO ASK YOU TO CC MS. BRENDA RUSSELL (BRUSSELL@COMMERCE-GROUP.COM <mailto:BRUSSELL@COMMERCE-GROUP.COM> ) OR TO CALL HER (954 570 3513). THANK YOU FOR YOUR COOPERATION. Martin E. O'Boyle, Commerce Group, Inc. 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561 213 3486 E-mail: moboyle@commerce-group.com <mailto:moboyle@commerce-group.com> Web Page: www.commerce-group.com <http://www.commerce-group.com/> 4B1A0D65B3086645BB6C5F0109183C2D@gulf-stream.org <ef28755369da449a95ce775cb99ff748@JFJSEXCH01.jones-foster.com> <DM5PR16MB145184C1599FA379BC75C712855E0@DM5PR16MB1451.namprd16.prod.outlook.com> <DM5PR16MB145184C1599FA379BC75C712855E0@DM5PR16MB1451.namprd16.prod.outlook.com> Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Trey Nazzaro Trey Nazzaro EX /O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=4F2A29F2B5E049B995E816021A4AFFE0-TNAZZARO EX /O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=4F2A29F2B5E049B995E816021A4AFFE0-TNAZZARO OConnor, Joanne M. OConnor, Joanne M. Trey Nazzaro Trey Nazzaro jonesfoster.com JOConnor@jonesfoster.com JOConnor@jonesfoster.com tnazzaro@gulf-stream.org tnazzaro@gulf-stream.org II=[CID=58200af1-8a99-b249-8cb2-69cffdae8bd8;IDXHEAD=D351CEBCA1;IDXCOUNT=2];SBMID=3;SBT=3;S2=<8dd186eebde74eda86e901bcd5d971ed@JFJSEXCH01.jones-foster.com>;RTP=Related;TDN=Removed;TFR=ParticipantChan ged;Version=Version 15.20 (Build 2157.0), Stage=H5, TC;UP=50;DP=5 en Pass (GSEXCH-1.GulfstreamTH.local: domain of JOConnor@jonesfoster.com designates 63.128.21.171 as permitted sender) receiver=GSEXCH-1.GulfstreamTH.local; client-ip=63.128.21.171; helo=us-smtp-deliver y-171.mimecast.com; GSEXCH-1.GulfstreamTH.local en-US 6F2E469662060DC Anonymous 0FA76F5201363C0FA7709F Trey Nazzaro EX /o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=4f2a29f2b5e049b995e816021a4affe0-tnazzaro tnazzaro@gulf-stream.org Trey Nazzaro sip:tnazzaro@gulf-stream.org image002.jpg .jpg image002.jpg image002.jpg image/jpeg image002.jpg@01D352F8.D496DC60 EnUs GulfStreamSettlementAgreement10.30.17536pm.pdf .pdf GulfSt~1.pdf GulfStreamSettlementAgreement10.30.17536pm.pdf application/pdf F53E7BD2AF20C34F9643B96F99BD1D7A@jonesfoster.com EnUs Ex A Case List10.30.17.pdf .pdf ExACas~1.pdf Ex A Case List10.30.17.pdf application/pdf 714233210A946E4F92A50203626E92A1@jonesfoster.com EnUs Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 | Fax: 561.650.5300 | HYPERLINK "mailto:joconnor@jonesfoster.com"joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | HYPERLINK "http://www.jonesfoster.com/"www.jonesfoster.com Incoming emails are 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 this email is prohibited. Please immediately notify us by email and delete the original message. From: Marty O'Boyle [mailto:moboyle@commerce-group.com] Sent: Monday, October 30, 2017 8:35 PM To: OConnor, Joanne M. <JOConnor@jonesfoster.com> Cc: Jonathan O'Boyle <joboyle@oboylelawfirm.com>; William Ring <wring@commerce-group.com>; Brenda Russell <brussell@commerce-group.com>; Nick Taylor <ntaylor@oboylelawfirm.com>; Giovani Mesa <gmesa@oboylelawfirm.com>; 'robertrivas@comcast.net' <robertrivas@comcast.net> Subject: Gulfstream\O'Boyle - Settlement Agreement This message originated from outside your organization _____ Joanne: Attached is a redraft of the Settlement Agreement (the “SA”) which you sent to Bill Ring by email on October 26, 2017. It may be a bit rough. I need to go over it again. I am sending it to counsel for any comments that they may have. After much thought and considering all factors, including the carve-outs, I have simplified the SA. IN that connection, I point out the below, which I believe are the substantive changes to your draft (utilizing the same numbered paragraphs as in the attached): I have provided a release to the Town, the Commissioners, etc. and the other Defendants in the various records suits. The schedule of open records cases (a draft is attached – please review) excludes Case #4474 as discussed. In this connection, I ask you to begin the preparation of Dismissals with prejudice with each party bearing its own fees and costs. I have provided for a General Release from (what I have defined as) the “Gulf Stream Parties” to (what I have defined as) the “O’Boyle Parties”. The above changes emanate from my thoughts regarding the following: The issue with my Insurer. Assuming the attached draft works, that issue now goes away as an open issue. An alternative, suggested by Jeff Hochman, which you seemed to reject, would be an Indemnity. I have eliminated the concept of the “Joining Parties”. After much thought, it made the agreement much more complex than necessary. Any extraneous cases (e.g.: the Sweetapple Slander Case (the “SSC”)) could be handled separately. So that you know, I am open to discussing the SSC and any other extraneous cases, at any time, if requested to do so. Joanne, the attached should work. Let’s look at what it accomplishes: It gets rid of the Records Litigation as aforesaid. It gets rid of the “Insurance Issue”, which I (reluctantly) take on. It provides for the withdrawal of all existing unfulfilled requests, which eliminates the possibility of future litigation in connection therewith. It discourages future Records Requests. I am prepared to address any issues or items which you may raise to the extent not addressed or unsatisfactorily addressed in the attached document. Assuming (conceptually) that the attached is acceptable, as I see it, the only remaining issue is what we have been referring to as the “Jon” issue, which I hope to work out with your side and Judge Hazouri on Friday. Let’s get done! J Of course, the content of this email and the attached document are sent for discussion purposes; and neither party shall be bound by any settlement until the SA is properly signed by me and the Town. Thank you for working with me toward our common goal. UNFORTUNATELY, I RECEIVE TOO MANY EMAILS ON A DAILY BASIS. THE RESULT IS THAT I DO NOT HAVE A CHANCE TO REVIEW THEM ALL; AND MANY I DO NOT SEE AT ALL. I ENCOURAGE YOU TO CONTINUE TO SEND ME EMAILS; AND, IF YOU DON’T HEAR FROM ME WITHIN 48 HOURS, I URGE YOU TO CALL ME. I ALSO ASK YOU TO CC MS. BRENDA RUSSELL (HYPERLINK "mailto:BRUSSELL@COMMERCE-GROUP.COM"BRUSSELL@COMMERCE-GROUP .COM) OR TO CALL HER (954 570 3513). THANK YOU FOR YOUR COOPERATION. Martin E. O'Boyle, Commerce Group, Inc. 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561 213 3486 E-mail: HYPERLINK "mailto:moboyle@commerce-group.com"moboyle@commerce-group.com Web Page: HYPERLINK "http://www.commerce-group.com/"www.commerce-group.com