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Home My Public Portal AboutRe_ O'Boyle - settlement agreement and releases IPM.Note Re: O'Boyle - settlement agreement and releases Re: Scott Morgan SMTP scottmorgan75@gmail.com O'Boyle - settlement agreement and releases X-Vipre-Scanned: 0FC3721801363C0FC37365 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 09:57:27 -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 09:57:27 -0400 Received: from mail-yb0-f177.google.com (209.85.213.177) 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 09:57:16 -0400 Received: by mail-yb0-f177.google.com with SMTP id e201so42778511ybb.1 for <TNAZZARO@gulf-stream.org>; Wed, 21 Jun 2017 06:57:25 -0700 (PDT) Received: from ScottPC ([68.235.227.87]) by smtp.gmail.com with ESMTPSA id w10sm6673494ywd.5.2017.06.21.06.57.21 (version=TLS1 cipher=ECDHE-RSA-AES128-SHA bits=128/128); Wed, 21 Jun 2017 06:57:22 -0700 (PDT) From: Scott Morgan <scottmorgan75@gmail.com> To: Marty O'Boyle <moboyle@commerce-group.com> CC: "OConnor, Joanne M." <JOConnor@jonesfoster.com>, "hochman@jambg.com" <hochman@jambg.com>, William Ring <wring@commerce-group.com>, Hudson Gill <hgill@jambg.com>, Bob Sweetapple <rsweetapple@sweetapplelaw.com>, Trey Nazzaro <TNazzaro@gulf-stream.org> Subject: Re: O'Boyle - settlement agreement and releases Thread-Topic: O'Boyle - settlement agreement and releases Thread-Index: AQHS6pZNhaA4J5bIL0SuCAlBzGRbHA== Date: Wed, 21 Jun 2017 13:57:22 +0000 Message-ID: <899397EEDC1D43FA94053A542BE8761C@ScottPC> References: <b6a27ee133cd417eb4bb056faaec7eaa@JFJSEXCH01.jones-foster.com> <554E5634F3D95640949AAF6005093D362DF3842F@ORD2MBX02A.mex05.mlsrvr.com> <4C14774A67298040B9FB3F4DEF584882A3F0D047@ORD2MBX05H.mex05.mlsrvr.com> In-Reply-To: <4C14774A67298040B9FB3F4DEF584882A3F0D047@ORD2MBX05H.mex05.mlsrvr.com> 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: gmail.com X-MS-TNEF-Correlator: received-spf: Pass (GSEXCH-1.GulfstreamTH.local: domain of scottmorgan75@gmail.com designates 209.85.213.177 as permitted sender) receiver=GSEXCH-1.GulfstreamTH.local; client-ip=209.85.213.177; helo=mail-yb0-f177.google.com; Content-Type: multipart/related; boundary="_004_899397EEDC1D43FA94053A542BE8761CScottPC_"; type="multipart/alternative" MIME-Version: 1.0 Scott Morgan SMTP scottmorgan75@gmail.com OConnor, Joanne M.; hochman@jambg.com; William Ring; Hudson Gill; Bob Sweetapple; Trey Nazzaro Marty O'Boyle Settlement talks 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-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. 130835D7AA8A5447937065286E507C83@gulf-stream.org <899397EEDC1D43FA94053A542BE8761C@ScottPC> <b6a27ee133cd417eb4bb056faaec7eaa@JFJSEXCH01.jones-foster.com> <554E5634F3D95640949AAF6005093D362DF3842F@ORD2MBX02A.mex05.mlsrvr.com> <4C14774A67298040B9FB3F4DEF584882A3F0D047@ORD2MBX05H.mex05.mlsrvr .com> <4C14774A67298040B9FB3F4DEF584882A3F0D047@ORD2MBX05H.mex05.mlsrvr.com> 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 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 Scott Morgan Scott Morgan Trey Nazzaro Trey Nazzaro gmail.com scottmorgan75@gmail.com scottmorgan75@gmail.com tnazzaro@gulf-stream.org tnazzaro@gulf-stream.org II=[CID=2738a085-c896-442f-ae08-0941cc645b1c;IDXHEAD=01D2EA964D;IDXCOUNT=1];SBMID=5;SBT=4;S2=<32176BCF20304892888602291EC9A34E@ScottPC>;RTP=Unrelated;TDN=Mismatch;TP=Same;TFR=NotForking;Version=Versi on 15.20 (Build 2157.0), Stage=H5;UP=D0;DP=105 en Pass (GSEXCH-1.GulfstreamTH.local: domain of scottmorgan75@gmail.com designates 209.85.213.177 as permitted sender) receiver=GSEXCH-1.GulfstreamTH.local; client-ip=209.85.213.177; helo=mail-yb0-f177. google.com; GSEXCH-1.GulfstreamTH.local 58DAED4BB40FCB28 Anonymous 0FC3721801363C0FC37365 Marty O'Boyle SMTP moboyle@commerce-group.com moboyle@commerce-group.com Marty O'Boyle OConnor, Joanne M. SMTP JOConnor@jonesfoster.com JOConnor@jonesfoster.com OConnor, Joanne M. hochman@jambg.com SMTP hochman@jambg.com hochman@jambg.com hochman@jambg.com William Ring SMTP wring@commerce-group.com wring@commerce-group.com William Ring Hudson Gill SMTP hgill@jambg.com hgill@jambg.com Hudson Gill Bob Sweetapple SMTP rsweetapple@sweetapplelaw.com rsweetapple@sweetapplelaw.com Bob 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 image002.jpg .jpg image002.jpg image002.jpg image/jpeg 2B1D58203AE84BE6B8BD4C39237866F8@ScottPC EnUs 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: 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: 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 | 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.