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Fw: O'Boyle - settlement agreement and releases
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O'Boyle - settlement agreement and releases
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From: Scott Morgan <scottmorgan75@gmail.com>
To: Bob Sweetapple <rsweetapple@sweetapplelaw.com>, Trey Nazzaro
<TNazzaro@gulf-stream.org>
Subject: Fw: O'Boyle - settlement agreement and releases
Thread-Topic: O'Boyle - settlement agreement and releases
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Scott Morgan
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Bob Sweetapple; Trey Nazzaro
Settlement talks
O'Boyle - settlement agreement and releases
From: Marty O'Boyle <mailto:moboyle@commerce-group.com>
Sent: Wednesday, June 21, 2017 6:05 AM
To: scottmorgan75@gmail.com <mailto:scottmorgan75@gmail.com>
Cc: William Ring <mailto:wring@commerce-group.com> ; OConnor, Joanne M. <mailto:JOConnor@jonesfoster.com> ; hochman@jambg.com <mailto:hochman@jambg.com> ; William Ring <mailto:wring@commerce-group
.com>
Subject: FW: O'Boyle - settlement agreement and releases
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.
E299393A97BD2349B9719597DCBBA2E1@gulf-stream.org
<9D7323FB251B4C178FAF291CD3CFDC72@ScottPC>
From: Marty O'Boyle
Sent: Wednesday, June 21, 2017 6:05 AM
To: scottmorgan75@gmail.com
Cc: William Ring ; OConnor, Joanne M. ; hochman@jambg.com ; William Ring
Subject: FW: O'Boyle - settlement agreement and releases
Scott – I was sent the
Trey Nazzaro
Trey Nazzaro
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Scott Morgan
Trey Nazzaro
Trey Nazzaro
gmail.com
scottmorgan75@gmail.com
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Bob Sweetapple
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Trey Nazzaro
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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
C83D1377E10E4342A26E4AF76E537546@gulf-stream.org
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
3AA53171B6DE0843A3EF019C1F78E7D0@gulf-stream.org
EnUs
1SG9892-agreement settlement town oboyle.DOC