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Home My Public Portal AboutRE_ Gulfstream_O'Boyle - Settlement Agreement IPM.Note RE: Gulfstream\O'Boyle - Settlement Agreement RE: Marty O'Boyle SMTP moboyle@commerce-group.com Gulfstream\O'Boyle - Settlement Agreement X-Vipre-Scanned: 0FA6D52501363C0FA6D672 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 14:39:25 -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 14:39:17 -0400 Received: from 19pmail.ess.barracuda.com (64.235.154.230) 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 14:37:42 -0400 Received: from NAM02-BL2-obe.outbound.protection.outlook.com (mail-bl2nam02lp0085.outbound.protection.outlook.com [207.46.163.85]) by mx1412.ess.rzc.cudaops.com (version=TLSv1.2 cipher=ECDHE-RSA-AES2 56-SHA384 bits=256 verify=NO); Wed, 01 Nov 2017 18:37:36 +0000 Received: from MWHPR16MB1455.namprd16.prod.outlook.com (10.175.4.137) by CY1PR16MB0299.namprd16.prod.outlook.com (10.163.50.17) with Microsoft SMTP Server (version=TLS1_2, cipher=TLS_ECDHE_RSA_WITH_AES_256_CBC_SHA384_P256) id 15.20.197.13; Wed, 1 Nov 2017 18:37:34 +0000 Received: from MWHPR16MB1455.namprd16.prod.outlook.com ([10.175.4.137]) by MWHPR16MB1455.namprd16.prod.outlook.com ([10.175.4.137]) with mapi id 15.20.0197.013; Wed, 1 Nov 2017 18:37:33 +0000 From: Marty O'Boyle <moboyle@commerce-group.com> To: "OConnor, Joanne M." <JOConnor@jonesfoster.com>, 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> CC: "Jeffrey L. Hochman" <Hochman@jambg.com>, Trey Nazzaro <TNazzaro@gulf-stream.org>, "Robert Sweetapple (rsweetapple@sweetapplelaw.com)" <rsweetapple@sweetapplelaw.com> Subject: RE: Gulfstream\O'Boyle - Settlement Agreement Thread-Topic: Gulfstream\O'Boyle - Settlement Agreement Thread-Index: AdNRzryh8QogWJmKSbKMsmnP/a6L2ABbBzwAAAEs3JA= Date: Wed, 1 Nov 2017 18:37:33 +0000 Message-ID: <MWHPR16MB1455D27A58FB9DA6FE46F579855F0@MWHPR16MB1455.namprd16.prod.outlook.com> References: <DM5PR16MB145184C1599FA379BC75C712855E0@DM5PR16MB1451.namprd16.prod.outlook.com> <8dd186eebde74eda86e901bcd5d971ed@JFJSEXCH01.jones-foster.com> In-Reply-To: <8dd186eebde74eda86e901bcd5d971ed@JFJSEXCH01.jones-foster.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: -1 X-MS-Exchange-Organization-PRD: commerce-group.com X-MS-TNEF-Correlator: received-spf: None (protection.outlook.com: commerce-group.com does not designate permitted sender hosts) Content-Type: multipart/related; boundary="_004_MWHPR16MB1455D27A58FB9DA6FE46F579855F0MWHPR16MB1455namp_"; type="multipart/alternative" MIME-Version: 1.0 Marty O'Boyle SMTP moboyle@commerce-group.com Jeffrey L. Hochman; Trey Nazzaro; Robert Sweetapple (rsweetapple@sweetapplelaw.com) OConnor, Joanne M.; Jonathan O'Boyle; William Ring; Brenda Russell; Nick Taylor; Giovani Mesa; 'robertrivas@comcast.net' Settlement talks Gulfstream\O'Boyle - Settlement Agreement Joanne – are you available to speak now or sometime this afternoon. I agree that the agreement has major changes, none of which I would expect you would have refered to as radical, especially as applies to 4474, which (unless my notes are wrong), you agreed to exclude in lieu of an Indemnity (as – I understand – was suggested by Mr. Hochman), as you and all others have known that the Insurance Issue needed resolution. I thought our intention was to “knock the cans off the fence”. I don’t get it If you wish to call off the Mediation again, do it! But I’m sure you will explain it when we speak. With the above as a backdrop, let me know if you wish to speak. You may call me now (954 570 3505) or you can tell me if and when I can call you. What’s your pleasure? 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/> From: OConnor, Joanne M. [mailto:JOConnor@jonesfoster.com] Sent: Wednesday, November 1, 2017 2:18 PM To: Marty O'Boyle <moboyle@commerce-group.com>; 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> Cc: Jeffrey L. Hochman <Hochman@jambg.com>; 'TNAZZARO@GULF-STREAM.ORG' <TNAZZARO@GULF-STREAM.ORG>; Robert Sweetapple (rsweetapple@sweetapplelaw.com) <rsweetapple@sweetapplelaw.com> Subject: RE: Gulfstream\O'Boyle - Settlement Agreement Gentlemen, The draft settlement agreement sent to me Monday is radically different from the relatively minor changes that were discussed by phone on Friday. Among other things, the latest draft has no releases of the Town (including having the Town release CAFI and not vice versa), purports to waive any party’s rights to sanctions for misconduct in future litigation (as opposed to statutory fee entitlements), does not appear to include all of the litigated matters at issue and is entirely confusing as to its definitions. (Please note that if CAFI is not included in the settlement agreement, I expect that the Town will be reluctant to settle if the pending CAFI public records cases are not first voluntarily dismissed). In good faith I have spent time addressing the comments raised Friday and I believe they are fully reflected in the attached revised agreement. I have removed CAFI as a signatory and removed Case No. 4474. I have also expanded the definition of O’Boyle Attorneys to include present and former attorneys, paralegals, employees etc. If you want to remove the concept of Joining Parties, I expect the Town would agree. That can be easily accomplished using the attached agreement. Given that we once again appear to be returning to the drawing board -- rather than finalizing an agreement such that the only limited issues to address at mediation with Judge Hazouri are those we previously discussed -- I have not yet noticed the mediation. And I have just been advised early this afternoon that having not received payment or a notice, Judge Hazouri has removed it from his Friday calendar. We are willing to mediate for an afternoon with Judge Hazouri but only if we first have an agreement that has been signed by Mr. O’Boyle. We must have assurance that if we take the agreement to the Town Council and it approves, this matter will be resolved fully and finally. In addition, my client has instructed that going forward any settlement discussions must go through Martin O’Boyle’s counsel, whether Bill or Rob, and be had with either Bob Sweetapple or Jeff Hochman for the Town. I have copied them on this email. If Mr. O’Boyle is agreeable to the attached or something similar and you think it can get done this afternoon, please reach out to Bob or Jeff and perhaps we can salvage the Friday time with Judge Hazouri if it is still deemed necessary. 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. From: Marty O'Boyle [mailto:moboyle@commerce-group.com] Sent: Monday, October 30, 2017 8:35 PM To: OConnor, Joanne M. <JOConnor@jonesfoster.com <mailto:JOConnor@jonesfoster.com> > Cc: Jonathan O'Boyle <joboyle@oboylelawfirm.com <mailto:joboyle@oboylelawfirm.com> >; William Ring <wring@commerce-group.com <mailto:wring@commerce-group.com> >; Brenda Russell <brussell@commerce-gro up.com <mailto:brussell@commerce-group.com> >; Nick Taylor <ntaylor@oboylelawfirm.com <mailto:ntaylor@oboylelawfirm.com> >; Giovani Mesa <gmesa@oboylelawfirm.com <mailto:gmesa@oboylelawfirm.com> >; 'robertrivas@comcast.net' <robertrivas@comcast.net <mailto: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/> 346BD79F41198D4590AD0F9146CD6573@gulf-stream.org <MWHPR16MB1455D27A58FB9DA6FE46F579855F0@MWHPR16MB1455.namprd16.prod.outlook.com> <DM5PR16MB145184C1599FA379BC75C712855E0@DM5PR16MB1451.namprd16.prod.outlook.com> <8dd186eebde74eda86e901bcd5d971ed@JFJSEXCH01.jones-foster.com> <8dd186eebde74eda86e901bcd5d971ed@JFJSEXCH01.jones-foster.com> Joanne – are you available to speak now or sometime this afternoon. I agree that the agreement has major changes, none of which I would expect you would have refered to as radical, especially as applies to 4474, which (unless my notes are wrong), you 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 Marty O'Boyle Marty O'Boyle Trey Nazzaro Trey Nazzaro commerce-group.com moboyle@commerce-group.com moboyle@commerce-group.com tnazzaro@gulf-stream.org tnazzaro@gulf-stream.org II=[CID=58200af1-8a99-b249-8cb2-69cffdae8bd8;IDXHEAD=D351CEBCA1;IDXCOUNT=3];SBMID=3;S1=<8dd186eebde74eda86e901bcd5d971ed@JFJSEXCH01.jones-foster.com>;RTP=DirectChild;TDN=Same;TFR=NotForking;Version=V ersion 15.20 (Build 2157.0), Stage=H1;UP=D0;DP=105 en None (protection.outlook.com: commerce-group.com does not designate permitted sender hosts) GSEXCH-1.GulfstreamTH.local en-US 44FC61EBC4A239EE Anonymous 0FA6D52501363C0FA6D672 OConnor, Joanne M. SMTP JOConnor@jonesfoster.com JOConnor@jonesfoster.com OConnor, Joanne M. Jonathan O'Boyle SMTP joboyle@oboylelawfirm.com joboyle@oboylelawfirm.com Jonathan O'Boyle William Ring SMTP wring@commerce-group.com wring@commerce-group.com William Ring Brenda Russell SMTP brussell@commerce-group.com brussell@commerce-group.com Brenda Russell Nick Taylor SMTP ntaylor@oboylelawfirm.com ntaylor@oboylelawfirm.com Nick Taylor Giovani Mesa SMTP gmesa@oboylelawfirm.com gmesa@oboylelawfirm.com Giovani Mesa 'robertrivas@comcast.net' SMTP robertrivas@comcast.net robertrivas@comcast.net 'robertrivas@comcast.net' Jeffrey L. Hochman SMTP hochman@jambg.com hochman@jambg.com Jeffrey L. Hochman 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 Robert Sweetapple (rsweetapple@sweetapplelaw.com) SMTP rsweetapple@sweetapplelaw.com rsweetapple@sweetapplelaw.com Robert Sweetapple (rsweetapple@sweetapplelaw.com) image001.jpg .jpg image001.jpg image001.jpg image/jpeg image001.jpg@01D3531E.ECBADD70 EnUsJoanne – are you available to speak now or sometime this afternoon. I agree that the agreement has major changes, none of which I would expect you would have refered to as radical, especially as applies to 4474, which (unless my notes are wrong), you agreed to exclude in lieu of an Indemnity (as – I understand – was suggested by Mr. Hochman), as you and all others have known that the Insurance Issue needed resolution. I thought our intention was to “knock the cans off the fence”. I don’t get it If you wish to call off the Mediation again, do it! But I’m sure you will explain it when we speak. With the above as a backdrop, let me know if you wish to speak. You may call me now (954 570 3505) or you can tell me if and when I can call you. What’s your pleasure? 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 From: OConnor, Joanne M. [mailto:JOConnor@jonesfoster.com] Sent: Wednesday, November 1, 2017 2:18 PM To: Marty O'Boyle <moboyle@commerce-group.com>; 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> Cc: Jeffrey L. Hochman <Hochman@jambg.com>; 'TNAZZARO@GULF-STREAM.ORG' <TNAZZARO@GULF-STREAM.ORG>; Robert Sweetapple (rsweetapple@sweetapplelaw.com) <rsweetapple@sweetapplelaw.com> Subject: RE: Gulfstream\O'Boyle - Settlement Agreement Gentlemen, The draft settlement agreement sent to me Monday is radically different from the relatively minor changes that were discussed by phone on Friday. Among other things, the latest draft has no releases of the Town (including having the Town release CAFI and not vice versa), purports to waive any party’s rights to sanctions for misconduct in future litigation (as opposed to statutory fee entitlements), does not appear to include all of the litigated matters at issue and is entirely confusing as to its definitions. (Please note that if CAFI is not included in the settlement agreement, I expect that the Town will be reluctant to settle if the pending CAFI public records cases are not first voluntarily dismissed). In good faith I have spent time addressing the comments raised Friday and I believe they are fully reflected in the attached revised agreement. I have removed CAFI as a signatory and removed Case No. 4474. I have also expanded the definition of O’Boyle Attorneys to include present and former attorneys, paralegals, employees etc. If you want to remove the concept of Joining Parties, I expect the Town would agree. That can be easily accomplished using the attached agreement. Given that we once again appear to be returning to the drawing board -- rather than finalizing an agreement such that the only limited issues to address at mediation with Judge Hazouri are those we previously discussed -- I have not yet noticed the mediation. And I have just been advised early this afternoon that having not received payment or a notice, Judge Hazouri has removed it from his Friday calendar. We are willing to mediate for an afternoon with Judge Hazouri but only if we first have an agreement that has been signed by Mr. O’Boyle. We must have assurance that if we take the agreement to the Town Council and it approves, this matter will be resolved fully and finally. In addition, my client has instructed that going forward any settlement discussions must go through Martin O’Boyle’s counsel, whether Bill or Rob, and be had with either Bob Sweetapple or Jeff Hochman for the Town. I have copied them on this email. If Mr. O’Boyle is agreeable to the attached or something similar and you think it can get done this afternoon, please reach out to Bob or Jeff and perhaps we can salvage the Friday time with Judge Hazouri if it is still deemed necessary. Thanks, Joanne 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. <HYPERLINK "mailto:JOConnor@jonesfoster.com"JOConnor@jonesfoster.com> Cc: Jonathan O'Boyle <HYPERLINK "mailto:joboyle@oboylelawfirm.com"joboyle@oboylelawfirm.com>; William Ring <HYPERLINK "mailto:wring@commerce-group.com"wring@commerce-group.com>; Brenda Russell <HYPERLINK "mailto:brussell@commerce-group.com"brussell@commerce-group.com>; Nick Taylor <HYPERLINK "mailto:ntaylor@oboylelawfirm.com"ntaylor@oboylelawfirm.com>; Giovani Mesa <HYPERLINK "mailto:gmesa@oboylelawfirm.com"gmesa@oboylelawfirm.com>; 'robertrivas@comcast.net' <HYPERLINK "mailto: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