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Re: 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: Hudson Gill <hgill@jambg.com>
CC: Bob Sweetapple <rsweetapple@sweetapplelaw.com>, "Joanne M. OConnor"
<JOConnor@jonesfoster.com>, Trey Nazzaro <TNazzaro@gulf-stream.org>
Subject: Re: O'Boyle - settlement agreement and releases
Thread-Topic: O'Boyle - settlement agreement and releases
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Date: Wed, 21 Jun 2017 19:52:33 +0000
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Scott Morgan
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Bob Sweetapple; Joanne M. OConnor; Trey Nazzaro
Hudson Gill
Settlement talks
O'Boyle - settlement agreement and releases
I am available now. Cell: 561-573-6006
From: Hudson Gill <mailto:hgill@jambg.com>
Sent: Wednesday, June 21, 2017 3:45 PM
To: Scott Morgan <mailto:scottmorgan75@gmail.com>
Cc: Bob Sweetapple <mailto:rsweetapple@sweetapplelaw.com> ; Joanne M. OConnor <mailto:JOConnor@jonesfoster.com> ; Trey Nazzaro <mailto:TNAZZARO@gulf-stream.org>
Subject: Re: Fw: O'Boyle - settlement agreement and releases
Mayor Morgan;
We have all had a chance to confer regarding O'Boyle's proposed changes. Please advise if you are available to speak about them sometime later today.
Hudson
Hudson C. Gill, Esquire
Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A.
2455 East Sunrise Boulevard, Suite 1000
Ft. Lauderdale, Florida 33304
PH: 954-463-0100 <tel:(954)%20463-0100>
FAX: 954-463-2444 <tel:(954)%20463-2444>
hgill@jambg.com
The information transmitted is privileged and confidential. It is intended solely for the review and use of the named recipient. Any other review or distribution of the communication
is strictly prohibited. If you have received this transmittal in error, please (1) notify the sender immediately by telephone (954) 463-0100 <tel:(954)%20463-0100> , (2) delete this
information from all databases, and, (3) if printed, return all pages to the sender by U.S. mail. You will be reimbursed for any long distance charges and mailing costs.
On Wed, Jun 21, 2017 at 1:26 PM, Scott Morgan <scottmorgan75@gmail.com <mailto:scottmorgan75@gmail.com> > wrote:
This just came in as I was walking out the door. I will be away from my office for several hours and haven’t had a chance to look at the attachments. Would you please review and let
me know what you think?
From: Marty O'Boyle <mailto:moboyle@commerce-group.com>
Sent: Wednesday, June 21, 2017 1:22 PM
To: Scott Morgan <mailto:scottmorgan75@gmail.com>
Subject: RE: O'Boyle - settlement agreement and releases
Scott – see attached. Although I would want our counsel to do a “quick” look at, the attached seems to work. If you disagree, tell me why and we will fix it. The 3rd release doesn’t
work.
All is open to discussion and negotiation. I draw no line in the sand. I believe that all in attached is consistent with our deal.
Let’s get done. Let’s not fight. Let’s restore peace to the Town.
Call me and let me know your wishes.
Martin E. O'Boyle,
Commerce Group, Inc
1280 W. Newport Center Drive
Deerfield Beach, Fl. 33442
Direct Dial: 954-570-3505 <tel:(954)%20570-3505>
Fax: 954-360-0807 <tel:(954)%20360-0807>
Cell: 561 213 3486 <tel:(561)%20213-3486>
E-mail: moboyle@commerce-group.com <mailto:moboyle@commerce-group.com>
Web Page: www.commerce-group.com <http://www.commerce-group.com/>
From: Marty O'Boyle
Sent: Wednesday, June 21, 2017 11:34 AM
To: 'Scott Morgan'
Subject: RE: O'Boyle - settlement agreement and releases
Scott – further to the below, I have a few moments and – before the settlement blows o pieces, I want to lay out where I’m coming from. Incidentally, there are many permutation that
could work (which is why I suggested a Mediator), but below is as simple as can be. Here goes:
1 The Town and I execute Mutual Releases (including O’Boyle Law Firm and lawyers there). This includes the criminal case; or no release re criminal case.
2 We dismiss all claims, potential claims, etc. against each other.
3 Public Records requests withdrawn. Limit\restrict future requests, as I have no intention on filing any. You told me to call you if I want information, which
is just what I will do.
4 You handle the situation with Jon
5 You provide the letters to the guys (integrity, ethically, professionally – all as you said).
6 Releases to any others who want – provided they give.
Remember, this ends the Public Records Litigation and the Town’s hemorrhaging of the Taxpayer’s $$$.
Tell me why this doesn’t work. I welcome you to call me on my cell if you wish to discuss. Re-igniting the litigation is a “Bad Move”, but you could make that call. The above serves
the Town’s people well, which should be your focus.
Scott, peace should be the ultimate goal. I remind out that I have several suits coming up, at least one where the Town was willing to admit liability; and I also remind you of case
4474, where we have a Judgement for liability, with fees of $500k+… a big risk for the taxpayers, that can be easily be avoided. Please also remember that the only reason for me to
capitulate is based on: Jon and his team. Otherwise, there is no incentive to give up what is at least one material claim – 4474 – which the Town already lost; and maybe others “around
the corner”.
Why would you resist this proposal? I just don’t get it, especially since I believe that it is precisely what we agreed to.
PS: The final agreement should also have innocuous and customary boiler plate provisions which “cut both ways”.
Are we cool? If so, I will work with Bill to get done tonight if I can. I have an early evening flight and 2 important meetings both tomorrow and Friday, but, I, like you, want (and
have wanted) to get done asap.
I await hearing from you! :)
Martin E. O'Boyle,
Commerce Group, Inc
1280 W. Newport Center Drive
Deerfield Beach, Fl. 33442
Direct Dial: 954-570-3505 <tel:(954)%20570-3505>
Fax: 954-360-0807 <tel:(954)%20360-0807>
Cell: 561 213 3486 <tel:(561)%20213-3486>
E-mail: moboyle@commerce-group.com <mailto:moboyle@commerce-group.com>
Web Page: www.commerce-group.com <http://www.commerce-group.com/>
From: Marty O'Boyle
Sent: Wednesday, June 21, 2017 10:08 AM
To: 'Scott Morgan'
Subject: RE: O'Boyle - settlement agreement and releases
Scott – I am not going to sign the docs without reading them, nor would you. If you wish to “fire away”, I think it is silly, but we will oblige you in return. The one thing that
I am not going to do is sign them; read them and (perhaps) withdraw them…that’ not my style. After I read them, I will either sign them or I will tell you where I think they are deficient
and why.
If our goals are the same, I think you are running the risk of “blowing the deal up”, which punishes the taxpayers of Gulfstream.
Let me know if you want to stop negotiations and re-engage litigation (which I think it is silly). I think a Mediator puts it in the end zone in hours. Your resistance makes me suspect
as to your intentions, since a Mediator is only a win, with no chance of a loss.
What’s your pleasure?
PS: I have eliminated all the “PS’s”. This is between you and I! :)
Martin E. O'Boyle,
Commerce Group, Inc
1280 W. Newport Center Drive
Deerfield Beach, Fl. 33442
Direct Dial: 954-570-3505 <tel:(954)%20570-3505>
Fax: 954-360-0807 <tel:(954)%20360-0807>
Cell: 561 213 3486 <tel:(561)%20213-3486>
E-mail: moboyle@commerce-group.com <mailto:moboyle@commerce-group.com>
Web Page: www.commerce-group.com <http://www.commerce-group.com/>
From: Scott Morgan [mailto:scottmorgan75@gmail.com <mailto:scottmorgan75@gmail.com> ]
Sent: Wednesday, June 21, 2017 9:57 AM
To: Marty O'Boyle
Cc: OConnor, Joanne M.; hochman@jambg.com <mailto:hochman@jambg.com> ; William Ring; Hudson Gill; Bob Sweetapple; Trey Nazzaro
Subject: Re: O'Boyle - settlement agreement and releases
Marty, like you, I want to resolve these things with both sides dismissing its claims and signing releases against future lawsuits.
I appreciate your difficult schedule but ,frankly, the terms of our agreement have really not changed, and the current set of documents reflects our agreement. At our last meeting,
Jeff Hochman and I even agreed to use your proposed format for the releases instead of our forms.
Marty—today is the day to end this. There is nothing more to negotiate or terms to change. There is nothing to mediate. The releases say what they should say---and everyone just walks
away. I hope you and your lawyers will agree to bring this all to a conclusion. In the meantime, as I have reiterated in every conversation, there is no stay.
I again ask you to sign the documents, Marty. Sign them and let me take them to the Town to add my signature.
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-grou
p.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 <tel:(954)%20570-3505>
Fax: 954-360-0807 <tel:(954)%20360-0807>
Cell: 561 213 3486 <tel:(561)%20213-3486>
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 <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 <tel:(954)%20570-3510> (ph)
954-328-4383 <tel:(954)%20328-4383> (cell)
From: OConnor, Joanne M. [mailto:JOConnor@jonesfoster.com <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 <tel:(561)%20650-0498> | Fax: 561.650.5300 <tel:(561)%20650-5300> | 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 <tel:(561)%20659-3000> | 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,
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<CANohFRLXU7r0uc_Ym1ooOc9yj0x8ymwu70d5Q1JZuH18u-Ww3Q@mail.gmail.com>
I am available now. Cell: 561-573-6006
From: Hudson Gill
Sent: Wednesday, June 21, 2017 3:45 PM
To: Scott Morgan
Cc: Bob Sweetapple ; Joanne M. OConnor ; Trey Nazzaro
Subject: Re: Fw: O'Boyle - settlement agreement and releases
Mayor Morgan;
Trey Nazzaro
Trey Nazzaro
EX
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Scott Morgan
Scott Morgan
Trey Nazzaro
Trey Nazzaro
gmail.com
scottmorgan75@gmail.com
scottmorgan75@gmail.com
tnazzaro@gulf-stream.org
tnazzaro@gulf-stream.org
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5C9F25D64397471D
Anonymous
0FC1B1AB01363C0FC1B2F8
Hudson Gill
SMTP
hgill@jambg.com
hgill@jambg.com
Hudson Gill
Bob Sweetapple
SMTP
rsweetapple@sweetapplelaw.com
rsweetapple@sweetapplelaw.com
Bob Sweetapple
Joanne M. OConnor
SMTP
JOConnor@jonesfoster.com
JOConnor@jonesfoster.com
Joanne M. OConnor
Trey Nazzaro
EX
/o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=4f2a29f2b5e049b995e816021a4affe0-tnazzaro
tnazzaro@gulf-stream.org
Trey Nazzaro
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2A20C48C46D847E68065184FB76B3AFA@ScottPC
EnUsI am available now. Cell: 561-573-6006
From: HYPERLINK "mailto:hgill@jambg.com"Hudson Gill
Sent: Wednesday, June 21, 2017 3:45 PM
To: HYPERLINK "mailto:scottmorgan75@gmail.com"Scott Morgan
Cc: HYPERLINK "mailto:rsweetapple@sweetapplelaw.com"Bob Sweetapple ; HYPERLINK "mailto:JOConnor@jonesfoster.com"Joanne M. OConnor ; HYPERLINK "mailto:TNAZZARO@gulf-stream.org"Trey Nazzaro
Subject: Re: Fw: O'Boyle - settlement agreement and releases
Mayor Morgan;
We have all had a chance to confer regarding O'Boyle's proposed changes. Please advise if you are available to speak about them sometime later today.
Hudson
Hudson C. Gill, Esquire
Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A.
2455 East Sunrise Boulevard, Suite 1000
Ft. Lauderdale, Florida 33304
PH: HYPERLINK "tel:(954)%20463-0100"954-463-0100
FAX: HYPERLINK "tel:(954)%20463-2444"954-463-2444
hgill@jambg.com
The information transmitted is privileged and confidential. It is intended solely for the review and use of the named recipient. Any other review or distribution of the communication
is strictly prohibited. If you have received this transmittal in error, please (1) notify the sender immediately by telephone HYPERLINK "tel:(954)%20463-0100"(954) 463-0100, (2) delete
this information from all databases, and, (3) if printed, return all pages to the sender by U.S. mail. You will be reimbursed for any long distance charges and mailing costs.
On Wed, Jun 21, 2017 at 1:26 PM, Scott Morgan <HYPERLINK "mailto:scottmorgan75@gmail.com"scottmorgan75@gmail.com> wrote:
This just came in as I was walking out the door. I will be away from my office for several hours and haven’t had a chance to look at the attachments. Would you please review and let
me know what you think?
From: HYPERLINK "mailto:moboyle@commerce-group.com"Marty O'Boyle
Sent: Wednesday, June 21, 2017 1:22 PM
To: HYPERLINK "mailto:scottmorgan75@gmail.com"Scott Morgan
Subject: RE: O'Boyle - settlement agreement and releases
Scott – see attached. Although I would want our counsel to do a “quick” look at, the attached seems to work. If you disagree, tell me why and we will fix it. The 3rd release doesn’t
work.
All is open to discussion and negotiation. I draw no line in the sand. I believe that all in attached is consistent with our deal.
Let’s get done. Let’s not fight. Let’s restore peace to the Town.
Call me and let me know your wishes.
Martin E. O'Boyle,
Commerce Group, Inc
1280 W. Newport Center Drive
Deerfield Beach, Fl. 33442
Direct Dial: HYPERLINK "tel:(954)%20570-3505"954-570-3505
Fax: HYPERLINK "tel:(954)%20360-0807"954-360-0807
Cell: HYPERLINK "tel:(561)%20213-3486"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: Marty O'Boyle
Sent: Wednesday, June 21, 2017 11:34 AM
To: 'Scott Morgan'
Subject: RE: O'Boyle - settlement agreement and releases
Scott – further to the below, I have a few moments and – before the settlement blows o pieces, I want to lay out where I’m coming from. Incidentally, there are many permutation that
could work (which is why I suggested a Mediator), but below is as simple as can be. Here goes:
1 The Town and I execute Mutual Releases (including O’Boyle Law Firm and lawyers there). This includes the criminal case; or no release re criminal case.
2 We dismiss all claims, potential claims, etc. against each other.
3 Public Records requests withdrawn. Limit\restrict future requests, as I have no intention on filing any. You told me to call you if I want information, which
is just what I will do.
4 You handle the situation with Jon
5 You provide the letters to the guys (integrity, ethically, professionally – all as you said).
6 Releases to any others who want – provided they give.
Remember, this ends the Public Records Litigation and the Town’s hemorrhaging of the Taxpayer’s $$$.
Tell me why this doesn’t work. I welcome you to call me on my cell if you wish to discuss. Re-igniting the litigation is a “Bad Move”, but you could make that call. The above serves
the Town’s people well, which should be your focus.
Scott, peace should be the ultimate goal. I remind out that I have several suits coming up, at least one where the Town was willing to admit liability; and I also remind you of case
4474, where we have a Judgement for liability, with fees of $500k+… a big risk for the taxpayers, that can be easily be avoided. Please also remember that the only reason for me to
capitulate is based on: Jon and his team. Otherwise, there is no incentive to give up what is at least one material claim – 4474 – which the Town already lost; and maybe others “around
the corner”.
Why would you resist this proposal? I just don’t get it, especially since I believe that it is precisely what we agreed to.
PS: The final agreement should also have innocuous and customary boiler plate provisions which “cut both ways”.
Are we cool? If so, I will work with Bill to get done tonight if I can. I have an early evening flight and 2 important meetings both tomorrow and Friday, but, I, like you, want (and
have wanted) to get done asap.
I await hearing from you! J
Martin E. O'Boyle,
Commerce Group, Inc
1280 W. Newport Center Drive
Deerfield Beach, Fl. 33442
Direct Dial: HYPERLINK "tel:(954)%20570-3505"954-570-3505
Fax: HYPERLINK "tel:(954)%20360-0807"954-360-0807
Cell: HYPERLINK "tel:(561)%20213-3486"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: Marty O'Boyle
Sent: Wednesday, June 21, 2017 10:08 AM
To: 'Scott Morgan'
Subject: RE: O'Boyle - settlement agreement and releases
Scott – I am not going to sign the docs without reading them, nor would you. If you wish to “fire away”, I think it is silly, but we will oblige you in return. The one thing that I
am not going to do is sign them; read them and (perhaps) withdraw them…that’ not my style. After I read them, I will either sign them or I will tell you where I think they are deficient
and why.
If our goals are the same, I think you are running the risk of “blowing the deal up”, which punishes the taxpayers of Gulfstream.
Let me know if you want to stop negotiations and re-engage litigation (which I think it is silly). I think a Mediator puts it in the end zone in hours. Your resistance makes me suspect
as to your intentions, since a Mediator is only a win, with no chance of a loss.
What’s your pleasure?
PS: I have eliminated all the “PS’s”. This is between you and I! J
Martin E. O'Boyle,
Commerce Group, Inc
1280 W. Newport Center Drive
Deerfield Beach, Fl. 33442
Direct Dial: HYPERLINK "tel:(954)%20570-3505"954-570-3505
Fax: HYPERLINK "tel:(954)%20360-0807"954-360-0807
Cell: HYPERLINK "tel:(561)%20213-3486"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: Scott Morgan [HYPERLINK "mailto:scottmorgan75@gmail.com"mailto:scottmorgan75@gmail.com]
Sent: Wednesday, June 21, 2017 9:57 AM
To: Marty O'Boyle
Cc: OConnor, Joanne M.; HYPERLINK "mailto:hochman@jambg.com"hochman@jambg.com; William Ring; Hudson Gill; Bob Sweetapple; Trey Nazzaro
Subject: Re: O'Boyle - settlement agreement and releases
Marty, like you, I want to resolve these things with both sides dismissing its claims and signing releases against future lawsuits.
I appreciate your difficult schedule but ,frankly, the terms of our agreement have really not changed, and the current set of documents reflects our agreement. At our last meeting, Jeff
Hochman and I even agreed to use your proposed format for the releases instead of our forms.
Marty—today is the day to end this. There is nothing more to negotiate or terms to change. There is nothing to mediate. The releases say what they should say---and everyone just walks
away. I hope you and your lawyers will agree to bring this all to a conclusion. In the meantime, as I have reiterated in every conversation, there is no stay.
I again ask you to sign the documents, Marty. Sign them and let me take them to the Town to add my signature.
From: HYPERLINK "mailto:moboyle@commerce-group.com"Marty O'Boyle
Sent: Wednesday, June 21, 2017 6:05 AM
To: HYPERLINK "mailto:scottmorgan75@gmail.com"scottmorgan75@gmail.com
Cc: HYPERLINK "mailto:wring@commerce-group.com"William Ring ; HYPERLINK "mailto:JOConnor@jonesfoster.com"OConnor, Joanne M. ; HYPERLINK "mailto:hochman@jambg.com"hochman@jambg.com ;
HYPERLINK "mailto:wring@commerce-group.com"William Ring
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: HYPERLINK "tel:(954)%20570-3505"954-570-3505
Fax: HYPERLINK "tel:(954)%20360-0807"954-360-0807
Cell: HYPERLINK "tel:(561)%20213-3486"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: William Ring [HYPERLINK "mailto:wring@oboylelawfirm.com"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
HYPERLINK "tel:(954)%20570-3510"954-570-3510 (ph)
HYPERLINK "tel:(954)%20328-4383"954-328-4383 (cell)
From: OConnor, Joanne M. [HYPERLINK "mailto:JOConnor@jonesfoster.com"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: HYPERLINK "tel:(561)%20650-0498"561.650.0498 | Fax: HYPERLINK "tel:(561)%20650-5300"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
HYPERLINK "tel:(561)%20659-3000"561-659-3000 | HYPERLINK "http://www.jonesfoster.com/"www.jonesfoster.com
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