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Home My Public Portal AboutFW_ O'Boyle - settlement agreement and releases -3 IPM.Note FW: O'Boyle - settlement agreement and releases FW: OConnor, Joanne M. SMTP JOConnor@jonesfoster.com O'Boyle - settlement agreement and releases X-Vipre-Scanned: 0FC3C05801363C0FC3C1A5 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, 21 Jun 2017 09:20:32 -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, 21 Jun 2017 09:20:18 -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, 21 Jun 2017 09:20:11 -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-48-iT3B6BBFPlm79GjSGljVDQ-1; Wed, 21 Jun 2017 09:19:57 -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, 21 Jun 2017 09:19:54 -0400 Received: from JFJSEXCH01.jones-foster.com ([::1]) by JFJSEXCH01.jones-foster.com ([::1]) with mapi id 15.00.1293.002; Wed, 21 Jun 2017 09:19:54 -0400 From: "OConnor, Joanne M." <JOConnor@jonesfoster.com> To: 'Hudson Gill' <hgill@jambg.com>, 'Robert Sweetapple' <rsweetapple@sweetapplelaw.com> CC: Trey Nazzaro <TNazzaro@gulf-stream.org>, Berkley Vitale <bvitale@sweetapplelaw.com> Subject: FW: O'Boyle - settlement agreement and releases Thread-Topic: O'Boyle - settlement agreement and releases Thread-Index: AQHS6pAghaA4J5bIL0SuCAlBzGRbHKIvTKTg Date: Wed, 21 Jun 2017 13:19:53 +0000 Message-ID: <65407dbaadc14f6783c1371ac7902e84@JFJSEXCH01.jones-foster.com> References: <b6a27ee133cd417eb4bb056faaec7eaa@JFJSEXCH01.jones-foster.com> <554E5634F3D95640949AAF6005093D362DF3842F@ORD2MBX02A.mex05.mlsrvr.com> <4C14774A67298040B9FB3F4DEF584882A3F0D047@ORD2MBX05H.mex05.mlsrvr.com> In-Reply-To: <4C14774A67298040B9FB3F4DEF584882A3F0D047@ORD2MBX05H.mex05.mlsrvr.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="_009_65407dbaadc14f6783c1371ac7902e84JFJSEXCH01jonesfosterco_" MIME-Version: 1.0 OConnor, Joanne M. SMTP JOConnor@jonesfoster.com Trey Nazzaro; Berkley Vitale 'Hudson Gill'; 'Robert Sweetapple' Settlement talks O'Boyle - settlement agreement and releases I will leave it to one of you to touch base with Scott re this email. But I would note that there is a reply brief that Town has due tomorrow in No 4474 – understand Trey and Berkley circulating a draft shortly – and if Scott is inclined to put anything off we should get more time on the reply. 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: Wednesday, June 21, 2017 6:06 AM To: scottmorgan75@gmail.com Cc: William Ring <wring@commerce-group.com>; OConnor, Joanne M. <JOConnor@jonesfoster.com>; hochman@jambg.com; William Ring <wring@commerce-group.com> Subject: FW: O'Boyle - settlement agreement and releases This message originated from outside your organization ________________________________ Scott – I was sent the attached on Sunday afternoon by Bill Ring. As you know, I came back from my trip on Saturday night; and Sunday was Father’s day. Although I am not looking for sympathy (but I am looking to instill reality), I started this am at 4am; and I will work until 7:30am, then I will leave at 10 to 8am for an 8am meeting, then on to a 9:15am Mediation in Ft. Lauderdale; then to a flight to North Carolina, where I will than drive 150 miles to Knoxville, then on to WV, Pitt, Greensburg, Pa., Uniontown, Pa., Indiana, Pa. Clarion, Pa., Beaver Falls, Pa., Johnstown, Pa. King of Prussia, Pa., Philadelphia, Pa. and to Atlantic City for my youngest daughter’s 29th ‘surprise” Birthday Party followed by a short spell in Atlantic City with my family, where I also intend to relax and catch up on my work. I apologize that things have not taken the course of expediency that you have plotted, but I remind you that when Scott went away (whether it be on R&R or on a working trip), we leave you alone. I only ask that you respect me in that regard. I work hard; and I want to get done, but I could only address so much while traveling and with such a rigorous schedule…I know you understand. Scott, you know the deal that we made; that we shook on; and that we looked each other on the eye on. I fully intend to continue on the course to conclude that deal, but, as I see it (no – as it has become clear), there are many misunderstandings; and I am virtually certain that they emanate from your end. The “line in the sand’ that I “sign an unseen and unreviewed” agreement by yesterday was far from reasonable; and was, frankly an absurd request (no demand); and was certainly far from conducive to reaching resolution! So I now come to “what do you want to do”? Starting in a couple of hours, I am away until July 10th. I am more than happy to work on the Settlement (while traveling – but only when I have time – and time to focus). If you really want to get done, my suggestion is that we now schedule a Mediation with Fred Hazouri (you know who he is) on the earliest possible date after my return; and “bring the deal into the end zone”, as we should. (Of course – if that’s what you want to do – it’s a “no lose” proposition, which I think should bring finality – we both need to cooperate – no standing on form – no standing on ceremony – ego’s left wat the door – and a “goal” to get done); but if you want to fight (which I don’t and which I find silly), then that’s what you want to do. Your response here will be a clear signal. If you want to move forward with your threats, which start (according to your lawyers) this am, we are ready for you. Please “back off”, as such a course is not conducive to a Settlement; and will likely inflame an “almost done” settlement, which doesn’t happen will punish the taxpayers of the Town.. Scott – if you have had a change of heart and wish to renege on our agreement, I understand; and I know what to do. I hope you haven’t. I await hearing from you and only you. I will be checking my email, today. Please let me hear from you by noon if at all possible. If you call (which would be better), I will make every effort to take your call (or call you back promptly). You just need to tell me your intentions; and you just need to tell me that “Marty and Scott” are going to work together to get done. Right now, based on the threats, your side has put the Settlement on hold and have us gearing up to accommodate the threats that your lawyers say will commence this am. I will hold up taking any action until noon. I hope you could see your way clear to relaxing and I hope you could convince your lawyers to stop trying to push me around, as “that just ain’t gonna happen”! As I told you before: “I’m not Chris O’Hare”. So let’s get done! It’s up to you. I await your prompt response. Thank you; and “I can’t say it enough, embrace my desire and “let’s get done”! 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/> From: William Ring [mailto:wring@oboylelawfirm.com] Sent: Sunday, June 18, 2017 5:38 PM To: Marty O'Boyle; Jonathan O'Boyle; Giovani Mesa Subject: FW: O'Boyle - settlement agreement and releases William F. Ring O'Boyle Law Firm 1286 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-328-4383 (cell) From: OConnor, Joanne M. [mailto:JOConnor@jonesfoster.com] Sent: Thursday, June 15, 2017 12:00 PM To: William Ring Cc: Hudson Gill; Randolph, John C.; Robert Sweetapple Subject: O'Boyle - settlement agreement and releases Bill – My understanding is that all parties, including the attorneys for those parties, seek a full and final resolution of the disputes between them. There are pending suits by Marty against me, Bob and our firms. And I would think the attorneys on your side would seek comfort that you will not be subject to any future claims based on past conduct. To that end, the Town has agreed to write to the Florida Bar regarding those lawyers. To confirm an end to any litigation, I have revised the settlement agreement to include a release by Marty of the Town’s contractors (there is a pending suit against Brannon & Gillespie by Mr. O’Boyle) and the its attorneys. I have changed the Town’s release of the attorneys on your side to exclude the carve-out for future litigation. I have drafted two separate releases: (1) O’Boyle Attorneys releasing Town, its agents, and attorneys and (2) Town Attorneys releasing O’Boyle, O’Boyle Entities and O’Boyle Attorneys. In Jeff’s absence, please contact me with comments, questions or concerns. I am in this afternoon and tomorrow 2pm or later (on a CLE panel in the morning) Thanks, Joanne 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. 198B7B01A85707419F9A2C966958D9A1@gulf-stream.org <65407dbaadc14f6783c1371ac7902e84@JFJSEXCH01.jones-foster.com> <b6a27ee133cd417eb4bb056faaec7eaa@JFJSEXCH01.jones-foster.com> <554E5634F3D95640949AAF6005093D362DF3842F@ORD2MBX02A.mex05.mlsrvr.com> <4C14774A67298040B9FB3F4DEF584882A3F0D047@ORD2MBX05H.mex05.mlsrvr .com> <4C14774A67298040B9FB3F4DEF584882A3F0D047@ORD2MBX05H.mex05.mlsrvr.com> I will leave it to one of you to touch base with Scott re this email. But I would note that there is a reply brief that Town has due tomorrow in No 4474 – understand Trey and Berkley circulating a draft shortly – and if Scott is inclined to put anything o 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=2738a085-c896-442f-ae08-0941cc645b1c;IDXHEAD=01D2EA9020;IDXCOUNT=2];SBMID=4;SBT=4;S2=<C9DF558E5BBA44E4A4608B5AF8A7368D@ScottPC>;THA=1622130949;RTP=Unrelated;FIS=H9;TDN=Mismatch;TP=Removed;TFR =ParticipantChanged;Version=Version 15.20 (Build 2157.0), Stage=H7, 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 FB6F15B0F6AB3B3B Anonymous 0FC3C05801363C0FC3C1A5 'Hudson Gill' SMTP hgill@jambg.com hgill@jambg.com 'Hudson Gill' 'Robert Sweetapple' SMTP rsweetapple@sweetapplelaw.com rsweetapple@sweetapplelaw.com 'Robert Sweetapple' 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 Berkley Vitale SMTP bvitale@sweetapplelaw.com bvitale@sweetapplelaw.com Berkley Vitale image002.jpg .jpg image002.jpg image002.jpg image/jpeg image002.jpg@01D2E859.A23B62E0 EnUs image003.jpg .jpg image003.jpg image003.jpg image/jpeg image003.jpg@01D2EA6F.8A9389C0 EnUs 1SG9087-release general oboyle attorneys to town attorneys.DOCX GENERAL RELEASE Jonathan O’Boyle, Esq.; Giovani Mesa, Esq.; Nicklaus Taylor, Esq.; Ryan Witmer, Esq.; William F. Ring, Jr., Esq.; The O’Boyle Law Firm, P.C., Inc.; Elaine Johnson James, Esq. and Elaine Johnson James, P.A. (collectively “O’BOYLE ATTORNEYS”), for and in consideration of the sum of $10.00 and other good and valuable consideration, the adequacy and receipt of which are acknowledged, HEREBY irrevocably discharge and release the TOWN OF GULF STREAM, including the TOWN OF GULF STREAM’s current and past employees, agents, representatives, officials, officers, insurance carriers (including the Florida Municipal Insurance Trust and the Florida League of Cities, Inc.), contractors (including the Wantman Group, Inc., Brannon & Gillespie, LLC; Danny P. Brannon, P.E.; Urban Design Kilday Studios; Marty R.A. Minor) and attorneys (including Jones, Foster, Johnston & Stubbs, P.A.; John C. Randolph, Esq.; Joanne O’Conner, Esq.; Sweetapple, Broeker & Varkas, PL; Robert A. Sweetapple, Esq.; Richman Greer, P.A.; Gerald F. Richman, Esq.; Eric M. Sodhi, Esq.; Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A.; Hudson Gill, Esq.; Christopher J. Stearns, Esq., Michael R. Piper, Esq., and Jeffrey L. Hochman, Esq.) (collectively “TOWN”) from each and every action, cause of action, lawsuit, appeal, post-judgment proceeding, claim for attorney’s fees, claim for costs, claim for sanctions (whether requested or imposed), public records request, claim for any award, loss, damage, judgment, remedy, or relief whatsoever in law and in equity, including each and every claim arising under local law, state law, federal law, the Florida Constitution or the United States Constitution (collectively “CLAIMS”) which the O’BOYLE ATTORNEYS ever had, now have, or may have against the TOWN for, upon, or by reason of any matter, cause, or thing whatsoever, from the beginning of the world to the day of the execution of this Release and the O’BOYLE ATTORNEYS also hereby knowingly waive all such CLAIMS. The O’BOYLE ATTORNEYS have read this General Release and understand its terms, obligations, operation and effect; and, the O’BOYLE ATTORNEYS further acknowledge that the agreement herein to release, discharge, and waive all CLAIMS is intended to resolve disputes and to avoid litigation, and that this General Release shall not be deemed or considered to be any admission or acceptance of blame, liability, or responsibility by the O’BOYLE ATTORNEYS in any way or in any manner. This Release may be executed and delivered in any number of counterparts, each of which, when so executed and delivered, shall be and constitute an original and one and the same document. A facsimile or electronic copy of this instrument and any signatures hereon shall be considered for all purposes as originals. [SIGNATURES ON FOLLOWING PAGES] The O’Boyle Law Firm, P.C., Inc. By:________________________________ Print Name:____________________ Its:___________________________ _____________________________________Jonathan O’Boyle, Esq. _____________________________________Giovani Mesa, Esq. _____________________________________Nicklaus Taylor, Esq. _____________________________________Ryan Witmer, Esq. _____________________________________William F. Ring, Jr., Esq. Elaine Johnson James, P.A. By:________________________________ Print Name:____________________ Its:___________________________ _____________________________________Elaine Johnson James, Esq. 2 .DOCX 1SG908~1.DOC 1SG9087-release general oboyle attorneys to town attorneys.DOCX application/vnd.openxmlformats-officedocument.wordprocessingml.document F2B7DA1676C0E6409A8E796AC574D427@mex05.mlsrvr.com EnUs 1SG9068-release general town attorneys to oboyle entities attorneys.DOCX GENERAL RELEASE Jones, Foster, Johnston & Stubbs, P.A.; John C. Randolph, Esq.; Joanne O’Connor, Esq.; Sweetapple, Broeker & Varkas, PL; Robert A. Sweetapple, Esq.; Richman Greer, P.A.; Gerald F. Richman, Esq.; Eric M. Sodhi, Esq.; Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A.; Hudson Gill, Esq.; Christopher J. Stearns, Esq., Michael R. Piper, Esq., and Jeffrey L. Hochman, Esq. (“TOWN ATTORNEYS”), for and in consideration of the sum of $10.00 and other good and valuable consideration, the adequacy and receipt of which are acknowledged, HEREBY irrevocably discharge and release Martin E. O’Boyle, Citizens Awareness Foundation, Inc. Airline Highway, LLC, Asset Enhancement, Inc., CG Acquisition Company, Inc., Commerce GP, Inc., Commerce Group, Inc., Commerce Realty Group, Inc., CRO Aviation, Inc., Our Public Records, LLC, Stopdirtygovernment, LLC, Public Awareness Institute, Inc., and Citizens for Open Government, LLC, including all successors and assigns (collectively “O’BOYLE”), and Jonathan O’Boyle, Esq.; Giovani Mesa, Esq.; Nicklaus Taylor, Esq.; Ryan Witmer, Esq.; William F. Ring, Jr., Esq.; The O’Boyle Law Firm, P.C., Inc.; Elaine Johnson James, Esq. and Elaine Johnson James, P.A. (collectively “O’BOYLE ATTORNEYS”) from each and every action, cause of action, lawsuit, appeal, post-judgment proceeding, claim for attorney’s fees, claim for costs, claim for sanctions (whether requested or imposed), public records request, claim for any award, loss, damage, judgment, remedy, or relief whatsoever in law and in equity, including each and every claim arising under local law, state law, federal law, the Florida Constitution or the United States Constitution (collectively “CLAIMS”) which the TOWN ATTORNEYS ever had, now have, or may have against O’BOYLE or the O’BOYLE ATTORNEYS for, upon, or by reason of any matter, cause, or thing whatsoever, from the beginning of the world to the day of the execution of this Release and the TOWN ATTORNEYS also hereby knowingly waive all such CLAIMS. The TOWN ATTORNEYS have read this General Release and understand its terms, obligations, operation and effect; and, the TOWN ATTORNEYS further acknowledge that the agreement herein to release, discharge, and waive all CLAIMS is intended to resolve disputes and to avoid litigation, and that this General Release shall not be deemed or considered to be any admission or acceptance of blame, liability, or responsibility by the TOWN ATTORNEYS in any way or in any manner. This General Release may be executed and delivered in any number of counterparts, each of which, when so executed and delivered, shall be and constitute an original and one and the same document. A facsimile or electronic copy of this instrument and any signatures hereon shall be considered for all purposes as originals. [SIGNATURES ON FOLLOWING PAGES] JONES, FOSTER, JOHNSTON & STUBBS, P.A. By:________________________________ Print Name:____________________ Its:___________________________ _____________________________________John C. Randolph, Esq. _____________________________________Joanne O’Connor, Esq. Sweetapple, Broeker & Varkas, PL By:________________________________ Print Name:____________________ Its:___________________________ _____________________________________Robert A. Sweetapple, Esq. Richman Greer, P.A. By:________________________________ Print Name:____________________ Its:___________________________ _____________________________________Gerald F. Richman, Esq. _____________________________________Eric M. Sodhi, Esq. Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. By:________________________________ Print Name:____________________ Its:___________________________ _____________________________________Hudson Gill, Esq. _____________________________________Christopher J. Stearns, Esq. _____________________________________Michael R. Piper, Esq. _____________________________________Jeffrey L. Hochman, Esq. 2 .DOCX 1SG906~1.DOC 1SG9068-release general town attorneys to oboyle entities attorneys.DOCX application/vnd.openxmlformats-officedocument.wordprocessingml.document 50C4271629CE1240876D58B110AF564C@mex05.mlsrvr.com EnUs 1SG9892-agreement settlement town oboyle.DOC