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Re: SERVICE OF COURT DOCUMENT CASE No.: 502019CA006817XXXXMB
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Hudson Gill
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SERVICE OF COURT DOCUMENT CASE No.: 502019CA006817XXXXMB
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From: Hudson Gill <hgill@jambg.com>
To: CAD-Division AJ <CAD-DivisionAJ@pbcgov.org>
CC: Jonathan O'Boyle <joboyle@oboylelawfirm.com>, Jeffrey Lawrence Hochman
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Subject: Re: SERVICE OF COURT DOCUMENT CASE No.: 502019CA006817XXXXMB
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Hudson Gill
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Jonathan O'Boyle; Jeffrey Lawrence Hochman; brussell@commerce-group.com; courtdocs@sao17.state.fl.us; finley@jambg.com; fox@jambg.com; jonathanroboyle@gmail.com; jsilvershein@sao17.state.fl.us;
mmelicia@commerce-group.com; moboyle@commerce-group.com; O'BoyleCourtDocs; Trey Nazzaro; wjordan@sao17.state.fl.us; Kristen Blackwell
CAD-Division AJ
2704 - Incident
SERVICE OF COURT DOCUMENT CASE No.: 502019CA006817XXXXMB
My understanding is that the Town's cover letter, proposed order, and related documents were sent yesterday by email and regular mail. I have attached copies of the documents that were
sent sent yesterday for your convenience.
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
FAX: 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
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On Tue, Jun 25, 2019 at 6:47 AM CAD-Division AJ <CAD-DivisionAJ@pbcgov.org <mailto:CAD-DivisionAJ@pbcgov.org> > wrote:
Received. Thank you.
I assume Defense will be sending a version as well?
From: Jonathan O'Boyle <joboyle@oboylelawfirm.com <mailto:joboyle@oboylelawfirm.com> >
Sent: Monday, June 24, 2019 3:33 PM
To: CAD-Division AJ <CAD-DivisionAJ@pbcgov.org <mailto:CAD-DivisionAJ@pbcgov.org> >; Jeffrey Lawrence Hochman <hochman@jambg.com <mailto:hochman@jambg.com> >; brussell@commerce-group.com
<mailto:brussell@commerce-group.com> ; courtdocs@sao17.state.fl.us <mailto:courtdocs@sao17.state.fl.us> ; finley@jambg.com <mailto:finley@jambg.com> ; fox@jambg.com <mailto:fox@jambg.com>
; hgill@jambg.com <mailto:hgill@jambg.com> ; jonathanroboyle@gmail.com <mailto:jonathanroboyle@gmail.com> ; jsilvershein@sao17.state.fl.us <mailto:jsilvershein@sao17.state.fl.us> ;
mmelicia@commerce-group.com <mailto:mmelicia@commerce-group.com> ; moboyle@commerce-group.com <mailto:moboyle@commerce-group.com> ; O'BoyleCourtDocs <oboylecourtdocs@oboylelawfirm.com
<mailto:oboylecourtdocs@oboylelawfirm.com> >; tnazzaro@gulf-stream.org <mailto:tnazzaro@gulf-stream.org> ; wjordan@sao17.state.fl.us <mailto:wjordan@sao17.state.fl.us>
Cc: Jonathan O'Boyle <joboyle@oboylelawfirm.com <mailto:joboyle@oboylelawfirm.com> >; Kristen Blackwell <kblackwell@oboylelawfirm.com <mailto:kblackwell@oboylelawfirm.com> >
Subject: RE: SERVICE OF COURT DOCUMENT CASE No.: 502019CA006817XXXXMB
****** Note: This email was sent from a source external to Palm Beach County. Links or attachments should not be accessed unless expected from a trusted source. ******
Please See Attached from Plaintiff re the 6.21.19 Hearing.
Jonathan O’Boyle, Esq., LLM |Licensed in PA, NJ, and FL.
The O’Boyle Law Firm – Professional Corporation
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From: CAD-Division AJ <CAD-DivisionAJ@pbcgov.org <mailto:CAD-DivisionAJ@pbcgov.org> >
Sent: Monday, June 24, 2019 9:09 AM
To: Jeffrey Lawrence Hochman <hochman@jambg.com <mailto:hochman@jambg.com> >; Jonathan O'Boyle <joboyle@oboylelawfirm.com <mailto:joboyle@oboylelawfirm.com> >; brussell@commerce-group.com
<mailto:brussell@commerce-group.com> ; courtdocs@sao17.state.fl.us <mailto:courtdocs@sao17.state.fl.us> ; finley@jambg.com <mailto:finley@jambg.com> ; fox@jambg.com <mailto:fox@jambg.com>
; hgill@jambg.com <mailto:hgill@jambg.com> ; jonathanroboyle@gmail.com <mailto:jonathanroboyle@gmail.com> ; jsilvershein@sao17.state.fl.us <mailto:jsilvershein@sao17.state.fl.us> ;
mmelicia@commerce-group.com <mailto:mmelicia@commerce-group.com> ; moboyle@commerce-group.com <mailto:moboyle@commerce-group.com> ; O'BoyleCourtDocs <oboylecourtdocs@oboylelawfirm.com
<mailto:oboylecourtdocs@oboylelawfirm.com> >; tnazzaro@gulf-stream.org <mailto:tnazzaro@gulf-stream.org> ; wjordan@sao17.state.fl.us <mailto:wjordan@sao17.state.fl.us>
Cc: CAD-Division AJ <CAD-DivisionAJ@pbcgov.org <mailto:CAD-DivisionAJ@pbcgov.org> >
Subject: SERVICE OF COURT DOCUMENT CASE No.: 502019CA006817XXXXMB
Importance: High
* This email is from the Fifteenth Judicial Circuit
* Case Number: 50-2019-CA-006817-XXXX-MB
* OBOYLE, MARTIN E V TOWN OF GULF STREAM
* Division AJ, 561 355-7570
Additional comments:
I'm sorry - both parties may send the proposed orders (competing) by EMAIL. Just respond to this email and attach the Order in WORD format, please.
Thank you!
In accordance with the 15th Judicial Circuit's Administrative Order 2.310-4/13, please ensure that primary and secondary email addresses are registered with Court Administration at
https://e-services.co.palm-beach.fl.us/scheduling/.
For a better translation of this document, contact CAD-ADA@pbcgov.org <mailto:CAD-ADA@pbcgov.org> .
________________________________
Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this
entity. Instead, contact this office by phone or in writing.
B6CA644FB4B9A6428ECEC4F861ACB734@gulf-stream.org
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<caf11d73b7094d29a7ecf9b515cf7194@pbcgov.org>
My understanding is that the Town's cover letter, proposed order, and related documents were sent yesterday by email and regular mail. I have attached copies of the documents that were
sent sent yesterday for your convenience.
Hudson
Hudson C. Gill,
Trey Nazzaro
Trey Nazzaro
EX
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Hudson Gill
Hudson Gill
Trey Nazzaro
Trey Nazzaro
hgill@jambg.com
hgill@jambg.com
tnazzaro@gulf-stream.org
tnazzaro@gulf-stream.org
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CAD-Division AJ
Jonathan O'Boyle
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Jonathan O'Boyle
Jeffrey Lawrence Hochman
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Jeffrey Lawrence Hochman
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105778_Martin O`Boyle v. Town of Gulf Stream (1).pdf
Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA
CASE NO. 2019-CA-006817 MARTIN O'BOYLE, Plaintiff. vs. TOWN OF GULF STREAM, Defendant. ~~~~~~~~~~~~~~~~~~~~~~~~~~ TRANSCRIPT OF PROCEEDINGS
TAKEN BEFORE THE HONORABLE SCOTT KERNER (Pages 1 - 71) JUNE 21, 2019 11:18 a.m. - 12:38 p.m.
205 South Dixie Highway Courtroom 6-A West Palm Beach, Florida Reported By: Samantha Todd, FPR Notary Public, State of Florida Fort Lauderdale,
Florida 954-755-6401 Daughters Reporting, Inc. 2 1 APPEARANCES: 2 Appeared for the Plaintiff 3 JONATHAN O'BOYLE, ESQUIRE 4 The O'Boyle Law Firm 1286 West Newport
Center Drive 5 Deerfield Beach, Florida 33442 754.212.4201 6 754.212.4222 Fax joboyle@oboylelawfirm.com 7 8 Appeared for the Defendant 9 HUDSON GILL,
ESQUIRE 10 Johnson Anselmo 2455 East Sunrise Boulevard 11 Fort Lauderdale, Florida 33304 954.463.1000 12 hgill@jambg.com 13 14 Also present: 15
Martin O'Boyle, Plaintiff 16 Steven A. Klinger, Assistant State Attorney Edward (Trey) Navarro, 17 Staff Attorney for Town of Gulf Stream Reneé Basel,
Executive Administrative Assistant 18 19 20 21 22 23 24 25 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 3 1 INDEX 2
PAGE 3 PROCEEDINGS 4 4 CERTIFICATE OF REPORTER 71 5 6 7 8 9 10 11 12 13 14
15 16 17 18 19 20 21 22 23 24 25 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 4 1 PROCEEDINGS 2 THE COURT: This is Martin O'Boyle
v. Town of 3 Gulf Stream. Case No. is 2019-CA-6817, here in 4 Division AJ. Please state your name for the record. 5 MR. O'BOYLE: Yes, Your Honor, Jonathan O'Boyle
6 for the Plaintiff. I entered my appearance yesterday 7 since this may turn into an evidentiary hearing. I 8 feel like the pro se Plaintiff might not be equipped 9
for that. 10 THE COURT: Do we need a clerk? 11 MR. O'BOYLE: I apologize, Your Honor. A 12 clerk? 13 THE COURT: Are you bringing in evidence today?
14 MR. O'BOYLE: I don't plan on presenting any 15 testimony. But at the last hearing the Court 16 intimated there may be an evidentiary aspect to this, 17 so
out of an abundance of caution. 18 THE COURT: Okay. 19 MR. GILL: Hudson Gill on behalf of the Town 20 Gulf Stream. And here with me in the audience are 21
Staff Attorney Trey Nazzaro, and Town Executive 22 Administrative Assistant Reneé Basel. 23 MR. KLINGER: Good morning, Your Honor. Steven 24 Klinger on behalf
of the nonparty State Attorney's 25 Office for the 17th Judicial Circuit. Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 5 1 THE COURT: Thank you. All
right. I have a 2 response -- I have a motion for an immediate hearing, 3 and I have a response that I received yesterday. So 4 please proceed. 5 MR. O'BOYLE:
Your Honor, do you mind if I 6 speak from the table? 7 THE COURT: That's fine. 8 MR. O'BOYLE: Okay. Does Your Honor have a 9 copy of the complaint in
this matter? 10 THE COURT: I believe I do. 11 MR. O'BOYLE: If not, I have an extra copy for 12 the Court. Okay. So the Town was actually very 13 gracious
enough to submit a motion to the Court where 14 they contained a lot of the email communications in 15 this that kind of govern this particular matter. So I 16 will be
referring to the exhibits that the Town has 17 put in its motion just for the Court's convenience, 18 because I think it will help move things along a 19 little bit. 20
THE COURT: Okay. 21 MR. O'BOYLE: So, Your Honor, here's what we're 22 in the sense seeking, right? We are -- I'm going to 23 start with what we're asking
for, and then I'm going 24 to go to a little bit of background, and then dig deep 25 a little bit. So what we're asking for, for the order Fort Lauderdale, Florida 954-755-6401
Daughters Reporting, Inc. 6 1 from the Court is, that the Court order the Town to 2 turn over the public records that were clarified 3 through a clarification that can be
found in 4 Exhibit 7. And I'm going to get into that a little 5 bit later. 6 We're also asking that the Court -- before we 7 were asking for particular leave
to, you know, have 8 sort of truncated discovery. I think, as intimated at 9 the last hearing, the appointment of a special master 10 to perhaps govern discovery would
be highly 11 appropriate in this particular incidence. Because 12 this is a public records request seeking documents 13 relevant to a criminal proceeding that is going
to be 14 taking place on July 16th, 2019. So time, Your Honor, 15 is not our friend whatsoever. 16 THE COURT: Can I ask about the criminal 17 proceeding and
why -- whatever it is that your client 18 is looking for, why it's not being sought through the 19 criminal court? 20 MR. O'BOYLE: Your Honor, I actually believe
21 that, as we discussed the last time that we -- I 22 witnessed the hearing. 23 THE COURT: And just so you know, from the last 24 hearing, I don't have any independent
recollection. 25 MR. O'BOYLE: Okay. Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 7 1 THE COURT: So please remind me what happened 2 at the
last hearing. 3 MR. O'BOYLE: Yes, Your Honor. So I think that 4 there was some discussion of a discovery in the 5 criminal court. I believe -- and I wasn't there,
but 6 this is from what my client told me -- that there was 7 a discussion about getting these, you know, 8 discovery -- or at least a species of the type of 9 discovery
here. And what -- where we were at with 10 that was -- I believe the state attorney's office said 11 this should be done through a public records request 12 as discovery
has been opened in that particular 13 criminal matter, and to proceed under Chapter 119. 14 And my understanding through -- my experience 15 with Chapter 119, especially
even some of the cases 16 that have been cited by opposing counsel, that Chapter 17 119, lawsuits and criminal sort of prosecutions and 18 discovery, they kind of run parallel
to some degree. 19 So with that being said, Chapter 119 does have 20 provisions for immediate hearing and immediate relief. 21 And it does talk about initiating actions
in civil 22 courts. So that frankly is why we are -23 THE COURT: All right. I'm not a criminal 24 court judge, and I have no experience with criminal 25 law.
Were these documents that we're seeking today Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 8 1 ever requested in the criminal court? 2 MR. O'BOYLE:
No, these documents were not. 3 There was a species, I think, of documents. But this 4 request is broader. 5 THE COURT: And when you say "species," sir, 6 explain.
7 MR. O'BOYLE: Sure. This is the client, Martin 8 O'Boyle. He is the criminal defendant, so he might be 9 able to speak. 10 MR. MARTIN O'BOYLE: May I,
Your Honor? 11 THE COURT: Yes, you may. 12 MR. MARTIN O'BOYLE: Okay. Thank you. There 13 was a general request made in the criminal court. The 14 prosecutor's
office produced the documents. I believe 15 they were insufficient. I then made a records request 16 for the documents, and then they produced subsequent 17 documents.
18 And then we went into court and we asked the 19 court -- the criminal court, to allow us to take 20 further discovery. And my understanding was that it 21
was to be fulfilled by way of a records request. 22 We then had filed a separate motion, a recent 23 motion, that said, "Give us a little latitude so that 24 Judge
Kerner can allow us to get the records." 25 THE COURT: Thank you. Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 9 1 MR. O'BOYLE: And then actually,
Your Honor, 2 now that I remember witnessing one of the motions, 3 that I think one of the particular things that was 4 sought was an in-camera review under Chapter 119.
5 Because Chapter 119, the Public Records Act, does 6 afford certain in-camera reviews. 7 My understanding is, is we're here today to try 8 to resolve some of
those issues. But that request was 9 a request actually to the 17th Judicial Circuit, State 10 Attorney's Office, which is separate than this request 11 here, which was
to the Town of Gulf Stream, Your 12 Honor. 13 So proceeding forward now that we've sort of 14 hit a little bit of the background, the Town of Gulf 15 Stream is
the -- I think the person -- the entity that 16 has a -- pressed charges against the Defendant, Martin 17 O'Boyle, in a criminal action. So as a good criminal 18 defendant,
the wise criminal defendant, Mr. O'Boyle 19 has sought to do a last-minute check of the records 20 possessed by the Town of Gulf Stream. 21 Now the Town of Gulf Stream
may have records 22 that the state attorney's office does not have, as 23 it's a public entity. And some of the witnesses in 24 the state attorney's office are public officers.
25 There is potentially highly relevant information to be Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 10 1 gathered there. Now that's just sort of the backdrop
2 of this request. I don't particularly think that 3 Mr. O'Boyle's intent is particularly relevant here. 4 But I want to give the Court sort of a flavor of where 5
we're going. 6 So let's get right down to the -- what has sort 7 of happened here. And I think we need to kind of take 8 it through the timeline to get a better understanding.
9 Exhibits 1 through 6 of the Town's motion give a 10 snapshot, or a moving picture, of the evolution of a 11 particular public records request. Exhibit 1 -- let 12
me pull this up here -- show an initial public records 13 request, which -- in which Mr. O'Boyle -- Martin 14 O'Boyle was seeking to get information -- or to get 15 records
that were, you know, related to him and 16 related to this particular criminal incident. And I 17 think the particular language used was "seeking all 18 public records
that were" -- you know, "referred to 19 Martin O'Boyle and a September 22nd criminal" -- or 20 I'm sorry -- "incident at Town Hall," which is the 21 basis for this particular
criminal matter. 22 Then as we go through Exhibits 2, Exhibits 3, 23 Exhibits 4, the Town is coming back saying, you know, 24 "We need some help. You need to help
us clarify 25 this." Martin O'Boyle comes back and says, "Well, I Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 11 1 want the records that are -- you know,
when you say 2 'referred to,' I mean, referred to directly or 3 indirectly." The Town comes back and says, "Here's 4 what we're doing. We're making a couple of search
5 terms." 6 And finally, I think, you know, Mr. O'Boyle 7 became -- or Martin O'Boyle became frustrated. And as 8 the clock keeps ticking down and ticking down
towards 9 his criminal trial, and finally says, "You know what, 10 let me make this very, very simple for you." And that 11 is Exhibit 7, Your Honor. So this is now May
4th. 12 The initial request was made April 15th. So things 13 are moving pretty quickly. Martin O'Boyle says, "All 14 right. Let me make this very simple for you. Please
15 provide all records pursuant to Chapter 119, which 16 emanate from the incident of Town Hall, 17 September 22nd, regarding Martin O'Boyle." So that's 18 the criminal
incident. And I think everybody through 19 the prior communications established that that's the 20 criminal incident that's going on here. 21 So when Martin O'Boyle
used the word 22 "emanate" -- because if you look to Exhibit 4, in 23 Exhibit 4, I think it's on the third or fourth page, 24 the Town says, "Here's the links to prior requests
25 that have been made regarding this criminal incident." Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 12 1 And what's interesting is one of those requests
-- and 2 it's GS15-2059, and it is, Your Honor, Exhibit 4, the 3 cover page is the first page. It is on the bottom of 4 the fourth page. And in that records request, which
5 was made in 2015, Mr. O'Boyle -- Martin O'Boyle says, 6 "Please provide all records emanating from the 7 incident at Town Hall, Gulf Stream, on September 22nd, 8 2015."
9 So Mr. O'Boyle, you know, uses now language 10 that he has given to the Town before. The Town has 11 understood prior. And that is the way he sort of sees 12
this coming to a head. Because, you know, whether the 13 Town is, you know, frankly adverse to Mr. O'Boyle and 14 they want to play games, or whether they are truly 15
trying to, you know, just mis-communicate here, Martin 16 O'Boyle says, "Let me use language that you 17 understand. I've made this request in the past. You 18 haven't
had clarification. And you responded to the 19 request in the past. So let's make this easy." 20 Now as we go down the road to Exhibits 8, 9, 21 and 10, in Exhibit
8, which is a May 10th, 2019 email, 22 you know, Martin O'Boyle again follows up with the 23 Town of Gulf Stream saying, you know, in a sense, 24 "What is going on here?"
And I make reference -- and 25 what he says specifically is, "I make reference to the Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 13 1 attached of the below
which succeeds a creation of 2 delivery of the attached; and therefore, supercedes 3 the attachment." What he's talking about there is his 4 prior records -- or his initial
records request of 5 April 15th, and he attaches below his "emanate" 6 request of May 4th -- or his clarification, if I will, 7 Your Honor. 8 So on May 10th he
says, "Hey, what's going on? 9 By the way, I just want to remind you that I'm using 10 the word, you know, 'emanate' now to help you clarify 11 my original request." 12
So as we turn to Exhibit 9, Martin O'Boyle 13 again on May 10th says, "Oh, and, by the way" -- sends 14 another email, you know, sort of saying, "By the way, 15
here's this original request. And I am sending you a 16 notice under Chapter 119 that in the event that I have 17 to sue you, that we" -- well, in a sense it's a notice 18
saying that "we're contemplating suing you because we 19 need these records. And you have five business days 20 under the statute, you know, to get with the program," 21
so to speak. So that happens on May 10th. So now 22 that the Town has been told three times by the time we 23 get to Exhibit 9. 24 Now on Exhibit 10, which is
May 15th, 2019, 25 Mr. O'Boyle again follows up, attaches his "emanation" Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 14 1 language. Again, gives them another
sort of five-day 2 notice saying, "You have five business days to comply 3 or, you know, I'll file suit." And of course at this 4 point he hasn't filed suit at all. But
he's really, 5 really trying to get his records as the time is 6 progressing. Because once he gets the records, he has 7 to go analyze them and, you know, work with them.
8 So in the meantime, the Town provides a thumb 9 drive. And Mr. O'Boyle gets the thumb drive, which 10 contains, you know, voluminous records. And I think 11
it's close to 1300 records. We didn't bring them in 12 today, because I don't understand or I don't see how 13 the Town could -14 MR. GILL: Here -15
MR. O'BOYLE: Oh, if the Court wants to go 16 through them all, then -17 MR. GILL: Yes, 200 pages -18 MR. O'BOYLE: -- that's perfect -- But I'll put 19
to you that about 600 of them are the exact same 20 record over and over and over again. 21 But nonetheless, Mr. O'Boyle gets the thumb 22 drive. He looks at the
thumb drive. And then on 23 May 20th -- I'm sorry, May 17th, the Town tells him, 24 "You know, here is your final response." Exhibit 14 25 is -- I'm sorry. Exhibit 15
is a -- I apologize, Your Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 15 1 Honor. It's 16. I'm getting tongue-tied here. On 2 Exhibit 16, Martin O'Boyle
writes the Town back after 3 he's looked at some of the documents and writes, "Are 4 these documents fully responsive? Are they fully 5 responsive?" And he tells the Town,
"Look, if you can 6 help me out here, I want to understand your charging 7 regime." Because he paid nearly $800 for this records 8 request. "And if you can, let me know
what search 9 terms you are using so, you know, I can potentially 10 help you out in case I think that you're missing 11 anything." 12 Then if we go to Exhibit
17, the Town responds 13 via a May 23rd, 2019 missive. And in that missive 14 they say, "Look at our May 3rd letter if you want to 15 find out what search terms that we've
been using." 16 Then they give a brief summary with their search terms 17 here. 18 Now the problem with that, Your Honor -- and 19 this is sort of why we're here.
The clarification was 20 made May 4th, May 10th, twice, May 15th that, you 21 know, the Town and Mr. O'Boyle are sort of either 22 struggling -- you can put any motive
you want to. 23 Either they're struggling or there may be something 24 more nefarious going on. But they are not connecting 25 in terms of what the records request -- the
records Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 16 1 that he wants and what they're producing. 2 So when he gets this letter on May 23rd with 3
the Town saying, "You know, essentially we've ignored 4 your 'emanation' clarification," then, you know -5 that's essentially why we find ourselves here today. 6
THE COURT: Let me pause right there and ask a 7 pointed question. 8 MR. O'BOYLE: Yes. 9 THE COURT: After receiving the thumb drive, 10 which constitutes
all the documents that are there on 11 the table, specifically what documents is your client 12 looking for, specifically? 13 MR. O'BOYLE: Sure. So specifically
here's 14 what we know has been left out. So we know through a 15 request to the state attorney's office -- which we're 16 not entirely happy with, but at least it gives
us 17 something -- that text messages are -- between Officer 18 Passeggiata, charging officer, and the material 19 witness, and the state attorney's office have not been
20 produced by the Town. 21 What is particularly troubling here is that the 22 Town has boxed itself in into search terms. And I 23 know I've heard Mr. O'Boyle
say before, you know, 24 "Those millennials, and they just get behind their 25 computers and they like to do emails and search Fort Lauderdale, Florida 954-755-6401 Daughters
Reporting, Inc. 17 1 terms." Well, the Public Records Act actually 2 requires you to act like it's, let's just say 1985. 3 You have to go talk to other officers of the
Town. 4 You have to go talk to other people and try to 5 ascertain the location and the scope of records. 6 Merely going to an IT professional and saying, 7 "Perform
a search" -- and by the way, I'll mind you, a 8 search only of emails is just not good enough at all. 9 And I think that's potentially why we might be finding 10 ourselves
here today. So our main -11 THE COURT: Is it your assertion, sir, that 12 everything contained in that book are all emails? 13 MR. O'BOYLE: No, they are not
all emails in 14 that particular book. However, what the Town has done 15 when they said in their May 3rd response is, "These 16 are the searches that we did." Now I don't
know if 17 they are all attachments to emails or if they're not 18 attachments, or if they're just an amalgamation of 19 every prior public records request as shown through
20 Exhibit 4, if they just lumped in every prior public 21 records request as well. So I think that that's an 22 open question that we need to discern. 23 But
what we can absolutely tell is that they do 24 not go to the applicable persons, the officers that 25 might have information, and try to ascertain precisely Fort Lauderdale,
Florida 954-755-6401 Daughters Reporting, Inc. 18 1 what documents might exist and which documents may not 2 exist. And like I said before, Your Honor, we have at 3 least
one instance where text messages certainly were 4 not produced. And these are exceptionally important 5 text messages between a material witness and the state 6 attorney's
office itself, which I think are, you know, 7 invaluable to a criminal defendant who is about to go 8 on criminal trial. 9 So I think that some of our contentions
are 10 that the Town has failed to do their proper searches. 11 And I think we have evidence of that. I think the -12 in furtherance of that, the Public Records Act 13
requires a good-faith response. And they actually 14 define what a "good-faith response" is. And a 15 good-faith response includes -- includes, so it's not 16 limited,
but it includes making reasonable efforts to 17 determine from other officers or employees within the 18 agency whether such records exist; and if so, the 19 location at
which the records can be accessed. 20 As the Town has put forth in its papers, the 21 Town of Gulf Stream is a town of 1,000 people. It has 22 20 staff; 6 of them
are administrative, 14 of them are 23 police. This is not New York City. It is, you know, 24 the ability to just walk on over to somebody's desk or 25 to the police department,
which is right across the Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 19 1 town -- street from Town Hall and to ask, "What 2 particular records do you have
that emanate from this 3 particular criminal incident?" I think is not too 4 much to ask this small town. I mean, like I said 5 before, Your Honor, this is not Miami.
It's not New 6 York City. There's literally 20 employees. I can't 7 imagine how difficult this potentially -- this 8 possibly could be. 9 THE COURT: Is the
argument, though, whether or 10 not it's reasonable or whether or not they've complied 11 with the request? 12 MR. O'BOYLE: So the argument -- well, so we 13
already know that they have not complied with the 14 request by virtue of Exhibit 1 to the complaint, which 15 is a request made to the state attorney's office where 16
the state attorney's office actually produced text 17 messages between Officer Passeggiata, the Town of Gulf 18 Stream, and the state attorney where they are 19 discussing
Mr. O'Boyle's criminal case. 20 Now the Town, they only produced one text 21 message. And the state attorney produced I would say 22 16 pages or so of text messages.
So we have a huge 23 disconnect there. 24 So now that we know that there is records being 25 withheld, and we know based upon their May 3rd outline Fort Lauderdale,
Florida 954-755-6401 Daughters Reporting, Inc. 20 1 of how they performed their particular searches, that 2 they just failed to meet the mark in terms of 3 performing a
search that would be adequate under the 4 law. And I would say that here -- you know, this is 5 exceptionally important because we have a municipality 6 that is the one
initiating criminal charges. They're 7 the ones with records. The Defendant is asking them 8 for records. They have incentives to play games and 9 not give those records.
And here they have said, 10 "Well, we're going to use mechanical searches through 11 emails to produce records." 12 So by their own admission, they didn't do what
13 they were supposed to do under the Public Records Act, 14 which is go and talk to people and say, "Hey, do you 15 have a cellphone?" "Have you talked to the state 16
attorney's office?" "Have you talked to the mayor in 17 this particular instance?" The state attorney's 18 office filed a motion to have him as a character 19 witness
in the criminal trial that's coming up. There 20 is no communications whatsoever, no discussion in any 21 of those 1300 pages about that particular instance. 22 You
know, what we're saying here is that 23 there's -- we already know they have hidden -- "hid," 24 I don't want to load that term. But they failed to 25 produce responsive
documents. We know by their own Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 21 1 admission that they didn't perform the search 2 necessary and required
under the law. And, you know, 3 I think we have exceptional reason to believe, given 4 the adversity here, that, you know, the Town is -- has 5 records that are responsive
that are just simply not 6 being produced. 7 So one of the things we're asking is -- and, 8 you know, the Town has filed in its papers that they 9 take issue with
the word "emanate" and they take issue 10 whether they even have to respond to a public records 11 request that says -- they use the word "emanate." We 12 would ask this
Court to order them to comply with that 13 May 4th clarification of his request. Go back. Do 14 what you're supposed to do under the law, which means 15 start talking
to people; actually talking to them, 16 asking them, you know, do they have notes? Do they 17 have journals? Did they put things on their 18 calendars? Do they have all
public records? 19 Because the Public Records Act allows a citizen 20 to have access to all the public records in the Town. 21 This is a criminal defendant. He needs
to look at 22 whatever he possibly can to fight, you know, 23 relatively petty charges. But it's still his right to 24 gather that information and to use whatever he can,
25 you know, to essentially, you know, defray the charges Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 22 1 brought by the Town pushing the state attorney
to 2 bring these charges. 3 So in sum, Your Honor, we would like the Town 4 to -- an order that they comply with the emanation 5 request. And we would also like
the appointment of a 6 special master so that we could take -- I'll be 7 perfectly frank. If the special master wants to do 8 whatever they want to do with discovery in
terms of 9 limiting it or curtailing it. But we need the ability 10 to, you know, trust, but verify that the record -11 that the universe of records that are responsive
to 12 this request are in fact being told to us and are in 13 fact being produced. 14 THE COURT: Okay. There is also a request for 15 a hearing, is there not?
16 MR. O'BOYLE: Yes, Your Honor. So actually the 17 last time we were here, that was -18 THE COURT: That was addressed? 19 MR. O'BOYLE: Yes. So
this is that immediate 20 hearing. And the purpose of this immediate hearing 21 under 119.11 is, as I think the Court can imagine, for 22 somebody to be -- who's in desperate
need of records 23 who has a time-sensitive issue, to be able to get into 24 court on an immediate basis and try to get that relief 25 as soon as possible. Fort Lauderdale,
Florida 954-755-6401 Daughters Reporting, Inc. 23 1 And I know I've cited at least I think the 2 Matos case in my original motion, which is a 4th DCA 3 court order
that says, "Immediate" means immediate." 4 So I thank you, Your Honor, for being able to 5 accommodate us. 6 THE COURT: Thank you very much. 7 MARTIN O'BOYLE:
Judge, if you have interest -8 excuse me -- the 1200 documents they produced, I went 9 through and personally categorized them. There are 10 about 6- or 700 of the same
emails between Jonathan 11 and Joanne O'Connor. There are about 200 of the same 12 police reports over and over again. And there are 13 about 200 or more of other public
records request, 14 some of them are extraneous. And there's probably 15 close to 100 of aborted settlement agreements where we 16 tried to negotiate with the Town. So
when you take 17 those categories out, we can put them in our back 18 pocket. That's what I'm trying to say, Judge. 19 THE COURT: But certainly you did ask for 20
everything and anything. So that will be noted. 21 Okay. Gentlemen, let me just steer you a 22 little of what my concerns are. Certainly, he as a 23 criminal
matter coming up, and there's allegations 24 that there's evidence being hidden. That is 25 concerning to me. But also concerning is the fact Fort Lauderdale, Florida 954-755-6401
Daughters Reporting, Inc. 24 1 that I am a civil court judge, and why is this not 2 being handled with the criminal court judge? 3 MR. GILL: Yes, Your Honor. Hudson
Gill, on 4 behalf of the Town. I will say that I think there's 5 someone here who could talk about how discovery works 6 in criminal proceedings better than I can. 7
THE COURT: Okay. 8 MR. GILL: But certainly I would think if 9 there are -- my understanding, Your Honor, there are 10 obligations where actual relevant evidence,
11 exculpatory evidence, either way must be produced in a 12 criminal trial. If you look at the text messages that 13 they're claiming we didn't produce -- which I'll talk
14 about why they're nonresponsive in a more detail. To 15 call these things critical to his criminal trial is 16 really laughable, Judge. I mean, they are simply text
17 messages coordinating scheduling matters for 18 availability for the criminal trial. You know, "When 19 is the trial" -20 THE COURT: Do you have these text
messages? 21 MR. GILL: They're attached to the complaint, 22 Your Honor. 23 THE COURT: Okay. Now I'm a little confused. 24 MR. GILL: So it's not
surprising, Your Honor, 25 given the case we're here about. Let me go through a Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 25 1 little bit in detail and
try to help you with this. 2 The immediate hearing has been granted. That's what 3 we're here about today. The Town asked that this case 4 be dismissed or judgment be
entered in favor of the 5 Town based on the complaint and what they presented 6 today for a couple reasons. 7 THE COURT: Is that before the Court today? 8
MR. GILL: I'm sorry. Yeah -- well, if you 9 look at our response that we filed, which we filed 10 this week, which I have a courtesy copy if you'd like 11 to see it,
that's the relief we seek in that. 12 THE COURT: Yes. Let me see it. I don't know 13 if I have that. Was that sent on June 19th? 14 MR. GILL: Yes, Your
Honor. 15 THE COURT: Okay. All right. 16 MR. GILL: And also, Your Honor, we filed a 17 previous response and a motion for a protective order, 18 which
we also provided a copy to Your Honor last week. 19 THE COURT: What I'm going to do -- and I think 20 this is only equitable under these circumstances. I'm 21 not
prepared to entertain the motion to dismiss at 22 this point in time. I will consider the response that 23 is contained in here in opposition. But frankly, my 24 initial
concern is to figure out whether or not the 25 public records request has been satisfied. Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 26 1 MR. GILL:
Right. Which our response deals 2 with that, Your Honor. 3 THE COURT: Okay. 4 MR. GILL: Let me first say -5 THE COURT: That doesn't mean, sir,
that I'm 6 not going to in the future upon proper notice hear 7 your motion to dismiss. 8 MR. GILL: Sure. 9 THE COURT: But at this juncture, I think that
10 would be improper. 11 MR. GILL: Okay. Well, it's contained -- our 12 response -13 THE COURT: Sure. 14 MR. GILL: -- asks for that relief,
Your Honor. 15 So, Judge, I mean, we're here on a public 16 records case between Martin O'Boyle and the Town of 17 Gulf Stream. We've been here many times on other
18 cases on these same issues. And really it starts from 19 an April 16th request, which was an email from Mr. 20 O'Boyle to the Town. And it basically says, "Provide
21 all records pursuant to and as defined in Chapter 119 22 of Florida Statutes which mention or refer to Martin 23 O'Boyle, but limited to the incident at Town Hall on
24 September 22nd, 2015, regarding Martin O'Boyle." Two 25 criteria. It's got to mention or refer to Martin Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc.
27 1 O'Boyle, but it's got to be limited to the 2 September 22nd, 2015 incident. That's the request 3 we're here about. 4 Now I'll get to the use of the word
"emanate" 5 as I go through it. But basically the Town conducted 6 then a search of its records to determine whether it 7 had any response of that. What they attached
to the 8 complaint is what their evidence is, that we haven't 9 been responsive, which are text messages between 10 Sergeant Passeggiata and ASA Bloom. They have those
11 in their possession because two years prior they did a 12 public records request to the state attorney's office. 13 And the request is also attached in the complaint,
14 which is pretty straightforward. "I want all 15 communications between Sergeant Passeggiata and anyone 16 at the state attorney's office." Asked for those. 17 Got
those texts messages. Had them in their 18 possession. They've had them for almost a year. So 19 they do this request for the Town. 20 There's back and forth between
the Town and 21 Mr. O'Boyle regarding how the Town responded. First, 22 if you look at the first page. Knowledge and request 23 the next. And then on April 29th, the
first thing we 24 say is, "Mr. O'Boyle, you previously requested similar 25 type things regarding September 22nd that's in prior Fort Lauderdale, Florida 954-755-6401 Daughters
Reporting, Inc. 28 1 public records request. So we'll make those available 2 to you again." Because the Town responds 3 electronically to public records request now where
we 4 basically combine all the records, put them on a 5 website where they can be accessed by the person. 6 So we then have produced to him all those prior 7 requests
that refer to the September 22nd, 2015 8 incident. So he's got his prior request. So, "here, 9 these are available." 10 And then the Town clarifies what they 11
understand the request to be seeking. This is on 12 April 29th. And they basically say, "We understand 13 your request to be seeking records that both mention 14 or
refer to Martin O'Boyle and/or about the incident 15 on September 22nd, 2015." And it continues on. "We 16 do not interpret your request to be seeking records 17 generated
by you, your attorneys, or agents, or 18 records about the subsequent criminal case that 19 stemmed from this incident." 20 So we stated, "We don't understand you
to be 21 asking about the subsequent criminal case because you 22 asked very specifically about the September 22nd, 2015 23 incident." So we clarify that. 24
Mr. O'Boyle comes back -25 THE COURT: Let me ask you about that. Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 29 1 Something just doesn't feel right
about that. You're 2 saying that that's not responsive to the request that 3 he made? 4 MR. GILL: Well, yes, Your Honor. I mean -5 THE COURT: Explain
that again to me. Maybe I 6 misunderstood. 7 MR. GILL: So two criteria. It's got to 8 mention or refer to Martin O'Boyle specifically. So 9 it's got his name
in it. And Number 2, it's got to be 10 limited to the September 22nd, 2015 incident. 11 THE COURT: Is this an "and" or an "or"? 12 MR. GILL: "And." It says
"but limited to," 13 actually. It's not "and." It's says "but not limited 14 to." That's the terms he used. So we go back and 15 clarify that and we say, "And we don't
understand you 16 to be seeking things about the subsequent criminal 17 trial." He can certainly ask for that. "But we just 18 want to make sure we know what you're asking
for 19 here." Because we need to know what he wants so we 20 can respond. 21 Mr. O'Boyle's response to that is to call what 22 we say confusing, but not really
explain why it's 23 confusing. And then he goes on to clarify also what 24 he's seeking. And he said, "I'll do my best to 25 clarify. In that connection, I'm looking
for records Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 30 1 that both (a) mention or refer to Martin O'Boyle" -2 his words -- "and refer to either directly
or 3 indirectly to the incident at Town Hall on 4 September 22nd, 2015." Now the use of the word 5 "indirectly" has been problematic, Judge. Because how 6 do we know
when something indirectly refers to 7 something? So the Town responds to him and says, "The 8 use of that word is insufficient. Because we can't go 9 out and search and
determine what's a responsive 10 record." I mean, we have to know what they want for 11 us to be able to go do a search. When you use vague 12 terms like "indirectly refer
to something," I mean, we 13 have to do some sort of mental gymnastics to come up 14 with that. So we need specific terms. 15 THE COURT: You did have two criteria
that was 16 sound. 17 MR. GILL: Exactly. And that's what we're 18 using. "Refer to him specifically," and "about the 19 incident." We're going to go forward
with those. 20 That's what we're doing. The Town responds and tells 21 him, "The use of the word 'indirectly' is 22 insufficient." 23 So then Mr. O'Boyle eventually
comes back and 24 does use the word "emanate." "I want all things which 25 emanate from the incident at Town Hall on Fort Lauderdale, Florida 954-755-6401 Daughters Reporting,
Inc. 31 1 September 22nd, 2015." My response to that is 2 twofold. Number 1, that's not the appropriate use of 3 the word "emanate." If you look at the Webster's 4
Merriam-Webster Dictionary, the definition, which I've 5 provided you, it has examples of what the word 6 "emanate" means. Typically, smells emanate from a 7 kitchen,
sounds emanate from a speaker. I guess 8 documents can emanate from a printer, as in "come out 9 of the printer." But it doesn't mean -- what they're 10 trying to do,
which I guess is as a "consequence of." 11 I guess that's what they want. But it's too vague for 12 us to go out and look for them. Because how do we 13 possibly know
when something emanates from something 14 in documents? It simply doesn't make any sense. And 15 if it was appropriate, it's not even sufficient for us 16 to actually
go look for those records. 17 By that point in time we've already provided 18 him what our search terms were, the steps we've gone 19 through. One, is do all the
prior public records 20 request; all the police files, all those have been 21 produced. 22 We then say looking through our emails under 23 these search terms --
and we also -- and this is in 24 this Basel affidavit -- went and talked to Sergeant 25 Passeggiata and asked him for any communications on Fort Lauderdale, Florida 954-755-6401
Daughters Reporting, Inc. 32 1 his cellphone. The only one on there doesn't refer to 2 Martin O'Boyle. None of the ones attached to the 3 complaint refer to Martin O'Boyle
by name. None of 4 them are about the incident. They're about scheduling 5 matters with the criminal trial. So that's the only 6 text message we found at all related
to this thing. 7 We produced that one. There were no more text 8 messages on the cellphone. 9 THE COURT: Are there any documents you're 10 currently in possession
and withholding based on some 11 type of privilege? 12 MR. GILL: No, Your Honor, we're not. 13 THE COURT: Your position is that you have 14 fully complied
with the public records request, and 15 you haven't withheld anything. 16 MR. GILL: As it meets those two criteria that 17 they -18 THE COURT: Oh, okay.
All right. 19 MR. GILL: As it refers to Martin O'Boyle 20 specifically by name, and is about the September 22nd, 21 2015 incident. All those emails -- the text
message 22 attached to the complaint that they claim are their 23 evidence don't mention him by name, and they also 24 aren't about the incident. They're about scheduling
25 matters for the criminal trial. For example, "Did the Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 33 1 depositions go forward?" "When is the trial set
for?" 2 I mean, things of that nature. That's what is out 3 there. We're just trying to coordinate schedules. 4 "Is the town manager retiring?" "Has he retired?" 5
Because the town manager retired. That's what they're 6 about, which is important for other reasons. 7 THE COURT: Now I want to pause just on your -8 I want to
ask -9 MR. GILL: Sure. 10 THE COURT: -- a pointed question to the other 11 side. You had just -- you gave a presentation and 12 said that there are specific
documents, text messages, 13 that you know you were not in possession of. Is 14 that -- according to what I'm hearing, that is not 15 true. 16 MR. O'BOYLE: So,
Your Honor, if you look at 17 Exhibit 1 to our complaint, there are text messages. 18 And part of them are redacted from the state 19 attorney's office between this particular
police 20 officer and the state attorney. If you look at -- if 21 you wanted to look at that entire binder -- or I think 22 Mr. Gill would agree that their -- one of their
23 exhibits, Exhibit 3 to our complaint, and one of the 24 exhibits in their motion, they produced one particular 25 text message. And it had -- they've missed on so many
Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 34 1 others. So what can one, you know, think other than, 2 "Huh, if they're not producing, you know, text 3
messages that we know exist, then what else are they 4 not producing?" And I think I just heard Mr. Gill say 5 that they think that the search that they're 6 performing
is, "We're looking" -- "We're going to give 7 you all public records request that have been made in 8 the past." And the past is the past. Now we're 9 looking for -- this
is the last-minute title check 10 before the closing. So we are looking for, you know, 11 the -- you know, absolutely everything that has been 12 generated since those
public records request. We want 13 absolutely everything. This is our last chance to ask 14 for it. 15 And I think you're hearing Mr. Gill say, "Well, 16 Martin
O'Boyle and September 22 incident, not criminal 17 trial." The Town gets to turn around and say, "You 18 know what, that September 22nd incident" -- even 19 though if you
look at Exhibit 4, they produced prior 20 records request knowing that that September 22nd, 2015 21 incident had to do with this whole criminal 22 prosecution and arrest.
And they're turning around 23 and they're trying to use terms by saying, "We did 24 this search, we did that search, we did this search; 25 so therefore, we've complied."
What they're trying to Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 35 1 do is cover themselves. And by saying -2 MR. GILL: My concern, Judge, is
we're pushed 3 up on noon. And it's been half an hour, close to 4 25 minutes. I just don't want to be prejudiced from 5 my side. 6 THE COURT: Yes. Please finish.
7 MR. GILL: Thank you. So again, we've laid out 8 what we're doing. We even provided him search terms 9 we're using. He never comes back and says, "Those are 10
wrong." He just use the word "indirectly" once and 11 "emanate," which again, I don't think that's 12 sufficient for us to respond. 13 But what's most important,
once we produced all 14 the records on the USB drive we claim are responsive 15 to Mr. O'Boyle, he then asks for a couple of things. 16 Most importantly, confirmation this
is the full 17 response. And he asks us to say what steps we took to 18 search. And then he finishes by saying, "That way to 19 the extent I see a fashion in which additional
20 searches could have been made which would produce 21 missing or withheld records, I could assist the Town 22 in providing such records." 23 What's really ironic
about that statement is at 24 this time he's got the text messages that he claims 25 we're withholding. He has them in his possession. He Fort Lauderdale, Florida 954-755-6401
Daughters Reporting, Inc. 36 1 doesn't come back to Town after we then explained our 2 search steps and say, "Hey, guys, I think these text 3 messages are responsive. This
is what I'm looking 4 for." Instead he just files the lawsuit against us. 5 It just shows you that this isn't really some genuine 6 effort to find documents. I mean, the
word "emanate" 7 isn't sufficient for us to do it. He knows what he 8 claims we haven't produced is responsive. You would 9 think if he really was trying to find these
records, 10 he would have told us so that we can then go out and 11 do additional searches, but instead we're here on a 12 lawsuit, Judge. 13 THE COURT: Well,
hold on a second. You said 14 "to do additional searches." Why is there any 15 necessity for additional searches if everything's 16 been given to him? 17 MR.
GILL: If he's claiming those text messages 18 are responsive, which they don't mention "O'Boyle" and 19 they're not about the actual incident, about the 20 criminal trial,
okay, he could have given -- we could 21 have talked about what he really wanted. But because 22 he doesn't do that -- you know, we've been using these 23 criteria. We've
explained the criteria we're using. 24 Unless he specifically says, "No, I want the 25 subsequent criminal trial," I don't see how the Town Fort Lauderdale, Florida 954-755-6401
Daughters Reporting, Inc. 37 1 can reasonably be expected to go out and find these 2 documents that they're claiming -- whatever documents. 3 And if it's not the subsequent
criminal trial, then we 4 didn't perform that search. Because we didn't 5 understand that's what he was looking for. That's not 6 what was in the initial request. 7
THE COURT: Do you have a copy of the emails 8 that have not been produced to him? 9 MR. GILL: I don't -- I don't know about any -10 I mean, I don't know
what emails are out there. We 11 produced everything that was responsive to the search 12 terms we used, which are laid in there. Those search 13 terms didn't include
just about the criminal trial 14 generally, right? They'd have to have Martin 15 O'Boyle's name in them, they'd have to be about the 16 September 22nd incident. So it's
simply not a search 17 that was performed because that's not the criteria 18 that he gave us in his initial public records request. 19 So, Judge, our first point is
that those text 20 messages simply aren't responsive. They don't meet 21 the two criteria that he claimed. So in terms of us 22 having not produced those, well, it's because
they 23 weren't responsive. 24 THE COURT: Do you want me to make a ruling on 25 that now - Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 38 1
MR. GILL: Well, Judge -2 THE COURT: -- or at the end? 3 MR. GILL: I mean, we're here on their motion. 4 I mean -- yeah, I mean, if they're responsive,
and we 5 need to produce them, I mean, I guess you can 6 determine that. But I mean, in terms of an order 7 being entered that says we have to go find every 8 document
that emanates or something, we're going to 9 have a hard time doing that, Judge. Because I don't 10 know what that word really means. It's got to be -11 in a little more
detail. If he wants records about 12 the criminal trial, that's a different request. We 13 can certainly do a search for that and respond. 14 THE COURT: He already
asked for records 15 involving the criminal trial. 16 MR. GILL: How do you -- Your Honor, the 17 request we went over is the original request, which 18 basically
says, "Refer to Martin O'Boyle by name" -19 which we performed that search -- "and about the 20 September 22nd, 2015 incident." We then said, "We 21 don't interpret this
to be including the criminal 22 trial." He never says, "Yes, I am." I mean, if he 23 wants that, I guess we can perform that search, but it 24 doesn't seem to be what
he wanted. I mean, he did the 25 request. Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 39 1 THE COURT: Didn't he come back with a 2 subsequent
clarification email that used the word 3 "emanating," and then had two criteria that used his 4 name and that flowed from the criminal trial? 5 MR. GILL: No. The
-6 THE COURT: I thought I saw an email to that. 7 MR. GILL: I mean, the only clarification he 8 gave, one, that said "indirectly refer to something," 9
which we said, "we can't respond to that because it's 10 not sufficient." 11 Then he used the word "emanate," which again, 12 Judge, it's just -- it's certainly not
definite enough 13 for us to go out and find that. If he wants something 14 about the criminal trial, then he should be required 15 to ask that. 16 THE COURT:
So the "indirectly" part kind of 17 threw the search terms off is what you're saying? 18 MR. GILL: Yeah. I mean, if that's -- I 19 just -- for people to have to
go out and do a search, 20 things like "indirectly refer to something," I mean, 21 what -- think about the mental gymnastics someone 22 would have to go through to determine
whether an email 23 indirectly refers to something. I mean, typically in 24 a public records case what someone asks for is, "I'd 25 like to see this police report" or "I'd
like to see Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 40 1 the building file for this property." It's defined. 2 You can go out and look for it. 3
Even the two criteria he gave us, which is a 4 bit broad, but still, it's got to have two things in 5 it; his name, and it's got to be about this one 6 incident.
We can go and do that search. But to say 7 "indirectly refer to something" or "emanate from 8 something," it's -9 THE COURT: Why did you choose "indirectly" as
10 one of the search terms? 11 MR. GILL: We didn't. That's what he -- we 12 went back and said, "We can't use the word. We can't 13 use that word 'indirectly
refer to something.'" That 14 was his attempt to clarify where he says, "I want 15 something -- I want emails that refer to me and either 16 are about the September 22nd
incident directly or 17 indirectly." We said, "We can't respond -- we can't 18 look for indirectly because we don't know what that 19 means." How you do you determine
if a document 20 indirectly refers to something? 21 So that's the issue we have. We searched under 22 those two criteria, Judge. We laid out our search. 23 We
produced all the records that came back responsive 24 to that. Our search included going to Sergeant 25 Passeggiata, looking on his phone. There were no Fort Lauderdale, Florida
954-755-6401 Daughters Reporting, Inc. 41 1 other text messages on his phone. We did the search. 2 The only one that was on there didn't refer to him by 3 name, and also
wasn't about the September 22nd, 4 incident. But we nonetheless produced it anyway. 5 So our position is -6 THE COURT: So you did produce? 7 MR.
GILL: The one text message we have. I 8 mean, I can show -9 THE COURT: Why did you choose to produce that 10 one and not the others? 11 MR. GILL: Because,
Judge, there were no other 12 text messages on there, Judge. When we looked, we 13 didn't know those -- I mean, he hadn't told us those 14 existed. I mean, we looked on
his cellphone. Didn't 15 find any other text messages on there. The one that 16 was on there, we produced. 17 I think if you also look, one of our arguments 18
is, the text messages at issue are transitory records. 19 We're not required to retain public records forever. 20 There are schedules developed by the State per the 21
statute of when you retain things. Some things are 22 retained for like a decade or more, certain very 23 important documents. All the trial communications are 24 in
the schedule, which I provided you as our response. 25 And it says how long we have to maintain electronic Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 42 1
communications depends on the nature of the 2 communication. 3 And then one of the types are -- they're 4 transitory messages, which are about things like 5
scheduling, very -- you know, temporary events. Like, 6 "Oh, we have a meeting next week. What time is the 7 meeting?" Those types of things are considered 8 transitory
messages. 9 We're under no obligation to retain those past 10 their useful administrative value. Which is basically 11 once the event has past, we're not required
to 12 maintain those. So I submit to you if look at those 13 text messages, Judge, they're all about scheduling 14 matters that have already occurred. So even if they
15 were responsive, which they're not, according to the 16 criteria he gave us, we weren't obligated to retain 17 them past their useful life. 18 So when I say
we looked at his cellphone, they 19 weren't even on there because they weren't important 20 anymore. The event had already passed. The 21 deposition already happened.
The trial had been 22 rescheduled to a subsequent date. The one they did 23 produce was the last one in there. 24 THE COURT: The obligation aside, it's sounding
25 like that even though you weren't obligated to hold on Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 43 1 to this information, that it could still be there?
2 MR. GILL: Well, that one -- I mean, we did a 3 search before, and that's what -- Reneé's affidavit 4 says. The only text message we found at all to do 5 with
Martin O'Boyle was about the criminal trial. And 6 in abundance of caution, because we've been down this 7 road before, we've been in lawsuit before, we've 8 produced that
record. 9 Judge, you know, they keep saying that they 10 have a belief there's additional records. All they 11 have are those text messages, which I submit to you
12 are simply not responsive to the criteria we were 13 using based on the initial request. They need 14 something more than a hunch to subject us to extensive 15 depositions
and discovery. That's what the case law 16 weighs out and has in there, Judge. 17 We're here on their immediate hearing. They 18 didn't provide an affidavit. The
complaint's not 19 sworn to. They could have said, "Here's our 20 good-faith belief as to why we believe additional 21 documents exist." He could have provided an 22
affidavit. He didn't do that, Judge. 23 We provided them with an affidavit laying out 24 the steps we took to respond and what's been produced. 25 I submit to
you if you look at those things, it will Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 44 1 confirm that we've met all our obligations under the 2 statute.
3 Number 1, what they claim we didn't produce 4 simply isn't responsive. Number 2, the affidavits we 5 provided show that we went through a reasonable and 6 good-faith
effort to produce documents. 7 The last communication from Mr. O'Boyle before 8 he filed a lawsuit on his part was, "Tell me your 9 search terms. And if there is
something I think is 10 missing, I'll let you know so you can do additional 11 searches." When he says that, he's got these text 12 messages in his possession he believes
are not 13 responsive. You'd think given his offer, he would 14 have said, "Hey, guys, look at these text messages. 15 This is what I want." And then we could have, I
16 guess, gone out and done additional searches to see if 17 there were anything of that nature. But he didn't do 18 that. He just files the lawsuit. 19 So,
Judge, we can only do what's reasonable. 20 We took the criteria we had. We utilized searches on 21 that. We produced every record that met that -- those 22 two criteria.
You know, there's simply nothing more 23 we're required to do under the statute. And it's 24 just -- it's simply gamesmanship on their part to keep 25 trying to change
the term and using words like Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 45 1 "indirectly," "refer to," and "emanate." I mean, I 2 don't -- I wouldn't
know how to instruct Town staff to 3 go look for records that emanate from something, an 4 event. It simply doesn't make sense in the context 5 used. It's such a broad,
vague term. We simply can't 6 go out and find it. I mean, how do we know when 7 something is emanated from something when he's 8 referring to -9 (Phone rings.)
10 MR. GILL: Now, Your Honor -11 THE COURT: Please. I want him to deal with 12 the phone. Please turn it off, sir. 13 MARTIN O'BOYLE: I'm trying
to find it, sir. 14 I'm sorry. 15 THE COURT: No problem. All right. Go ahead. 16 MR. GILL: So, Judge, I mean, our position here 17 is we're here on the
immediate hearing that they 18 demanded, right? They filed suit and asked for this 19 immediate hearing before our time to even respond was 20 up. We provided a response
to the complaint, which 21 included an affidavit. 22 We submit to you based on what they provided, 23 and what we've laid out, they haven't shown we haven't 24
produced any documents. And our search steps were 25 reasonable given the criteria of the requests they Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 46 1
used. To allow then -- there's no basis then for them 2 to conduct discovery or go beyond that. 3 If the Court's inclined to allow discovery, 4 Judge, we ask for
a protective order on the grounds we 5 laid out in our previously-filed motion in response 6 included in our request for protective order. 7 Basically, that they be limited
to the narrow issues 8 in this case, which are basically whether -- you know, 9 if there are any written communications that meet 10 these criteria, and what the location
of -- I guess 11 they want to depose a Town representative of what the 12 steps we took to do that. But they shouldn't be 13 allowed to just depose anybody involved in
the 14 criminal trial. Really that to get to discovery about 15 the criminal case. 16 THE COURT: I think jumping the depositions is 17 a little going ahead of
me. I'm more concerned in 18 making sure that the public records request has been 19 satisfied at this point. 20 MR. GILL: I guess what I consider that, Judge, 21
if you want to look you want to look at our materials, 22 including Reneé's affidavit which lays out the 23 communications which are all the communications that 24 exist
regarding this. The Town lays out the steps it 25 took in there, and the criteria was used. I mean, you Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 47 1
can determine, and my opinion based on that, whether 2 our response was reasonable. And then you can look at 3 the text message that they claim should have been 4 produced
and determine whether they should have been. 5 Because our position is they're not responsive to the 6 initial request. So then you -- the fact that they 7 don't have any
evidence that we've not produced 8 anything. 9 THE COURT: But is it a true statement -- and I 10 want to hear from you on this -- that the issue of 11 time being
of the essence, being the criminal trial 12 looming around the corner, you have everything for 13 that, you're just trying to -- let me rephrase that. 14 That was poor.
15 As it relates to the text messages that you 16 previously stated were not in your possession, do you 17 have those copies of those text messages for the 18
purposes of the criminal trial? 19 MR. O'BOYLE: So if I understand, Your Honor, 20 we -- the text messages that we got from the state 21 attorney's office, and actually
the one that we got 22 from the Town of Gulf Stream, yeah, they're -- I mean, 23 I don't really want to reveal criminal trial strategy. 24 THE COURT: It's a yes-or-no
question. 25 MR. O'BOYLE: Yes, 100 percent. I can't reveal Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 48 1 the strategy. I'm sorry. 2
THE COURT: No, I don't -- it was set up as -3 like you're on cross-examination. So I was hoping for 4 a yes-or-no question. 5 Based on the time, I would like to
enter a 6 ruling. Any final words? 7 MR. O'BOYLE: Actually, Your Honor, I would. 8 I'm going to give you a copy, Mr. Gill. But I think 9 this is exceptionally
important. This is -- and it 10 was referred to in Exhibit 4. This is the Town's 11 prior response to a public records request where 12 Martin O'Boyle used the word "emanate."
And not only 13 did they respond, they issued a supplemental response. 14 So I think what we have here -- and I think this is 15 critical to my last word is -- you've heard
the Town. 16 They have performed mechanical searches. They say 17 they wouldn't even know how to perform this "emanate 18 search." And I submit to you that that's baloney,
19 Your Honor. The document right before you is a 2015 20 document where they did this exact same search. We 21 want to do our title search before closing, and 22
closing is in less than three weeks. So I think the 23 Town has demonstrated that they have not -24 THE COURT: Closing? 25 MR. O'BOYLE: I'm using an analogy
- Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 49 1 THE COURT: Okay. 2 MR. O'BOYLE: -- when you buy a property, you 3 check the title right
-4 THE COURT: Right. 5 MR. O'BOYLE: -- before the closing date. So 6 that's what we're trying to do here, is make sure we 7 got absolutely everything.
8 THE COURT: Okay. 9 MR. GILL: Judge, if I may. 10 THE COURT: Sure. 11 MR. GILL: I just -- I request you to look at 12 the original request
that was submitted and the 13 criteria that was used. And that's what we searched. 14 If they want to do a new search, we can argue about 15 the word "emanating." But
we even said, "We don't 16 interpret this to include subsequent criminal trial." 17 He could have said, "No, I want about the subsequent 18 criminal trial." We could have
done that. But again, 19 they don't use specific terms. 20 THE COURT: And I think because of that 21 interpretation, sir, this is happening. All right. 22 You
know, what can I say? I mean, I'm going to have 23 to review -24 MR. GILL: I just know -- can I -25 THE COURT: You've got - Fort Lauderdale, Florida 954-755-6401
Daughters Reporting, Inc. 50 1 MR. KLINGER: Can I please address the Court? 2 THE COURT: Sure. 3 MR. KLINGER: Steven Klinger on behalf of the 4
State Attorney's Office of the 17th Judicial Circuit. 5 THE COURT: Welcome. 6 MR. KLINGER: Thank you, Your Honor. I 7 appreciate the opportunity to be heard.
I just want 8 to make sure that the Court does have the state 9 attorney's notice of objection and/or for protective 10 order. 11 THE COURT: Please bring it
up. I think it was 12 in here, but just in case it wasn't. Thank you. 13 MR. KLINGER: And, sir, some judges like to 14 have printed case law. Some do not. I do
have 15 printed case law that goes along with the motion, 16 which I provided. 17 THE COURT: I do not have this, actually. So 18 if there is case law that goes
with it, I don't have 19 that either. 20 MR. KLINGER: May I provide that to you at the 21 end of the hearing? 22 THE COURT: Yes. 23 MR. KLINGER:
Separate and apart from the 24 protective order, and that's our heart in this case, 25 is asking for a protective order that Ms. Nicole Fort Lauderdale, Florida 954-755-6401
Daughters Reporting, Inc. 51 1 Bloom -- Assistant State Attorney Nicole Bloom not be 2 deposed in this case. 3 But separate from that, I need to address a few 4
things that were already said to this Court this 5 morning. Because this Court has indicated that it was 6 troubled that maybe -- with the criminal case that 7 maybe
there was something being hidden or maybe 8 something nefarious going on. 9 This Court has the ability to take judicial 10 notice of the criminal case, which is Case
No. 11 50-215MM012872AXX-SB. The case is four years old, 12 Your Honor. The incident happened here in Palm Beach 13 County. The state attorney here had a conflict. The
14 governor appointed, for our sake, attorney's office to 15 handle the case. At the current time one of the 16 prosecutors assigned to that case is Nicole Bloom. 17
Mr. Doyle's -- O'Boyle's, excuse me. 18 Mr. O'Boyle's request to the state attorney's office 19 regarding those text messages occurred back in 2017. 20 It's attached
to his complaint. The State responded 21 to him in 2017, and again in 2018. He's been in 22 possession of the State -- what the State provided to 23 him since this time.
24 So this whole issue of worrying about the 25 trials coming up next month has come about very Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 52 1
recently because he has been in possession of what the 2 State gave him for almost two years; at least a year, 3 if not two years. And also, he's never filed any suit 4
in Broward Circuit Court in the civil division against 5 the state attorney's office that those exemptions 6 claimed by the State were not accurate. 7 This year,
Mr. O'Boyle through his criminal 8 attorney, filed into the criminal case asking for 9 those -- I believe you even asked about it, sir -10 asking for those same records.
And in that case, the 11 criminal -- the judge in the criminal case issued an 12 order. 13 MR. O'BOYLE: I may ask for a point of 14 clarification. When you
said "those records," are you 15 talking about -16 THE COURT: Sir, please don't -17 MR. O'BOYLE: I'm sorry. 18 THE COURT: I don't want anyone to
cut anyone 19 off. 20 MR. O'BOYLE: I apologize, Your Honor. 21 THE COURT: Do you want a copy of the document? 22 MR. O'BOYLE: No, no. I'm sorry.
Counsel said 23 "those records." And we're talking about two separate 24 records requests here. So I just -25 THE COURT: Please don't interrupt him. Fort Lauderdale,
Florida 954-755-6401 Daughters Reporting, Inc. 53 1 MR. O'BOYLE: I'm sorry. 2 THE COURT: Thank you. 3 MR. KLINGER: Criminal counsel made a request 4
of the criminal court for text messages. And I'll 5 just read -- I can just read the court's order -- the 6 criminal court's order. It will pretty well clarify. 7
"Order denying Defendant's motion to take additional 8 discovery and for re-deposition. The matter came 9 before the court. This court having reviewed the 10 pleadings,
the case, the law, the exhibits, arguments, 11 ordered and adjudged, 1, Defendant's motion to take 12 additional discovery related to text messages obtained 13 pursuant
to public records request is hereby denied. 14 2, Defendant's motion to re-depose Sergeant John 15 Passeggiata is hereby denied. Done and ordered, 16 May 13th, 2019." 17
THE COURT: Did you not think it was -- why 18 didn't you mention that to me? Or did I miss it? 19 MR. GILL: I'm not part of the criminal case. 20 Again,
Your Honor, I just -21 THE COURT: Because the first thing I asked 22 was, what is going on with the criminal court judge as 23 it relates to these requests? 24
MR. GILL: I apologize, Your Honor. I had 25 someone from that office here that I - Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 54 1 THE COURT:
We went through the whole hearing, 2 and he's got the smoking gun there. 3 All right. I'm prepared -- do you want to have 4 a final word, sir? 5 MR. O'BOYLE:
Yes, Your Honor. So that was in 6 relationship to particular exemptions cited by the 7 state attorney's office for specific redactions, is my 8 understanding, particularly
active criminal 9 intelligence. And I think that they have some 10 indication that some of their records were not public 11 records. 12 So one thing I absolutely
want to put forth to 13 the Court is I'm not a criminal lawyer. I don't know 14 what the criminal standard is. I do a lot of public 15 records work in the Florida Chapter
119 and the 16 Constitution make it very clear that all citizens have 17 the right to inspect and copy all public records. 18 So, you know, whether there's a criminal
19 scheduling issue -- because the trial's coming up so 20 quickly -- or not, I don't know. What I do know is 21 the Florida Constitution says Mr. O'Boyle is entitled 22
to public records. He's entitled to them quickly 23 under Chapter 119. And I don't want us to be in a 24 game of there's a criminal court, there's a civil 25 court;
meanwhile, he doesn't get his records, and the Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 55 1 law says he's allowed to have them. 2 THE COURT: Okay.
Thank you both very much. 3 I'm going to start off ruling that any text 4 messages that are responsive to the initial request, 5 if you were to take out the one word
that was 6 troubling you "indirectly," I want you to provide any 7 responsive documents if you were to run that request. 8 Meaning, you take out "indirectly." And if you
come 9 out with the same documents, then so be it. But he's 10 entitled to that under my -11 MR. GILL: You mentioned text messages first. 12 Is it just text
messages or more global? I just want 13 to make sure. 14 THE COURT: I think it's the text messages are 15 the only thing that I can even tangentially -- that 16
may be missing. So I'm going to keep it there for 17 now. 18 What I'm going to do is in the event -19 certainly there is a -- going to be a protective order 20
as it relates to depositions up until the next 21 hearing, which we're going to have heard. It's going 22 to be their motion to dismiss. And at that point in 23 time,
you can file some type of motion, but the Court 24 needs more direction. Unless you just want to the 25 Court to rule on whether or not the public record Fort Lauderdale, Florida
954-755-6401 Daughters Reporting, Inc. 56 1 request was sufficient or not, and what level -- levy 2 any penalty, I can do that. But if you're still 3 genuinely looking
for documentation, you need to brief 4 this Court, and you need to specifically identify what 5 is missing. And I would like that heard in 6 conjunction with the motion
to dismiss under special 7 set circumstances. How much time would you like to 8 present your side? 9 MR. O'BOYLE: I think that given today, 10 probably -- we
probably need 30 minutes a side -11 THE COURT: Each? 12 MR. O'BOYLE: -- Your Honor. 13 THE COURT: An hour? 14 MR. O'BOYLE: And one thing
I'd like to ask is, 15 the only way for us to truly know what documents are 16 being withheld is to look at their actions in response 17 to the request and the clarifications,
or to actually 18 ask people, did they communicate, did they send an 19 email. When the state attorney said the mayor will 20 act as a character witness in the trial --
that was a 21 fairly recently development -- how did that occur? If 22 it occurred by a telephone call, it's probably not a 23 public record. If it occurred by email,
probably a 24 public record. 25 So, you know, we don't -- you know, we have Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 57 1 trouble here because
we don't want to find ourselves 2 in a place where we have to rely upon the Town to tell 3 us what is or is not in existence, and we're not 4 allowed to ask anybody what
is or is not in existence. 5 We've already known or caught them not producing 6 particular records. 7 So -- or fine, maybe not producing. Fine. 8 Maybe they're
not appreciating the actual 9 clarification, which is I think, the sense that I've 10 gotten from this hearing, is when we clarified and 11 said "emanate," that they just
didn't appreciate it. 12 And that is a separate problem that I want to put to 13 the Court. 14 But it's tough for me. Because if I was going 15 to go ask the
mayor -- let's just say, "Hey, did you 16 talk to" -- without a deposition. Just on a friendly 17 term. "Did you communicate with the state attorney? 18 How could you?"
And he tells me to go "F" myself, 19 what am I supposed to do? 20 THE COURT: Okay. Thank you for that. 21 MR. O'BOYLE: And I apologize, Your Honor, for 22
being emphatic. 23 THE COURT: I may be willing to revisit the 24 order in so much that if you want to take a 25 deposition, serve your notice, and file your motion
Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 58 1 for protective order, and we'll have a hearing. 2 MR. KLINGER: If I may just for a moment. I 3
gave you the State's motion already. This is the case 4 law that goes along with it, Judge. 5 THE COURT: So there's a protective order filed 6 already, right?
7 MR. KLINGER: A motion for it, yes, sir. 8 THE COURT: Okay. 9 MR. KLINGER: And you recently just said you 10 would put a protective order on depositions
until the 11 next hearing, which is fine. But then I would ask 12 that I be allowed at the next hearing. If you're 13 going to lift the order and the possibility exists
14 that Ms. Bloom be deposed, that I would certainly be 15 able to argue to the Court that motion for protective 16 order from the State and the case law. 17 THE
COURT: What I want to be able to do is 18 include in the protective order any requests for 19 documentation. That's my one concern, is that we get 20 through all this.
And if I determine that a 21 deposition is going to happen, they're going to serve 22 the notice. You're going to file a motion for 23 protective order as it to relates
to the duces tecum 24 now. That's my concern. 25 MR. KLINGER: That was -- and I understand. Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 59 1
That was -- my concern here in that motion in the case 2 law was not a duces tecum without testimony, but with 3 testimony. That was the major issue for the state 4 attorney's
office, because it would infringe upon 5 attorney-client privilege. If it's a subpoena duces 6 tecum without deposition, I can respond to that, and I 7 can argue in front
of the Court, if need be. 8 THE COURT: That's correct, yes. 9 MR. KLINGER: I just wanted to separate those 10 two out. 11 THE COURT: There's not
going to be a 12 deposition going forward until the motion to dismiss. 13 The idea, which doesn't seem like it's going to work 14 out, was to try to consolidate the objection
to 15 actually taking the deposition with any objections to 16 documents that are also being produced at that time. 17 So the Court is going, at least up until the
18 special set hearing, we'll put a blanket protective 19 order on both sides. No discovery from you folks 20 either. And we'll hear it all special set, one hour. 21
MR. GILL: Judge, just for clarification to 22 make sure, the order should say that the Town will 23 produce any text messages that are responsive to the 24 original
request? 25 THE COURT: The original request, absent the Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 60 1 word "indirectly." 2 MR. GILL:
Yes. So I mean, the original 3 request is April 16th, 2019. That's the first -4 that's the one you're referring to, Your Honor? 5 MR. O'BOYLE: Or is it the "emanate,"
my 6 clarification on May 4th? 7 THE COURT: Is there an objection to providing 8 both? 9 MR. GILL: Well, I don't -- I mean, the word 10 "emanate,"
I don't know what that word means with -11 THE COURT: Anything having to do with the 12 incident and Mr. O'Boyle. 13 MR. GILL: Okay. 14 THE COURT:
That's what we should be focusing 15 on. Not the adjectives and not pronouns. 16 MR. GILL: That I can do, Your Honor. 17 THE COURT: I want to make sure he
has that. 18 And if that's everything in that book, then -19 MR. GILL: That I can do. If it refers to 20 Mr. O'Boyle and it's about the incident, I can do 21
that. 22 THE COURT: But I'll tell you what's troubling 23 me is when, you know, I asked these questions, and 24 then you start going off of "well, indirect, it's
kind 25 of vague and ambiguous." Meanwhile, the crux of the Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 61 1 request is clear: "Mr. O'Boyle," "criminal
case." 2 Anything that has to do with that is what he 3 requested. The "indirect" is not going to help you, 4 you're right. But to bring it to the Court is like 5
the "indirect" is what we need to decipher is kind 6 of -7 MR. GILL: So I can do those two criteria. 8 Refers to Mr. O'Boyle, and it's about the incident, 9 and
criminal trial? 10 THE COURT: Correct. 11 MR. GILL: Okay. Thank you, Your Honor. And 12 then should we try to get time right now for the 13 special set
or what's the best way to do that? 14 THE COURT: With my JA. 15 MR. GILL: Yes. Okay. 16 THE COURT: Honestly, she knows how to work the 17 calendar.
18 MR. GILL: Sure. 19 THE COURT: I rely on her for that. 20 MR. GILL: Okay. 21 THE COURT: Just make sure it's a 22 mutually-agreeable
date between you folks. 23 MR. GILL: And I think we can maybe draft up 24 that order outside. 25 MR. O'BOYLE: Sure. How much time -- while I Fort Lauderdale,
Florida 954-755-6401 Daughters Reporting, Inc. 62 1 have the Court here -- just in case we have a 2 disagreement, how much time do you think that you will 3 need to perform
a search? Because we don't have that 4 much time. 5 MR. GILL: Looking for those text messages? 6 Can I confer with my client for one minute, Your 7 Honor? 8
THE COURT: Yes. And also, is there going to 9 be an excessive amount of costs? 10 MR. GILL: Well -- for -11 THE COURT: For this search. 12
MR. GILL: Can I confer with my client for a 13 little bit? 14 THE COURT: Yes, outside of my presence, 15 though. Let me -16 MR. GILL: Thank you,
Your Honor. 17 THE COURT: Brief recess. 18 THE BAILIFF: Court will be in recess. 19 (Recess taken from 12:27 p.m. to 12:30 p.m.) 20 THE COURT:
Okay. Please be seated. You had a 21 discussion? 22 MR. GILL: Yes. We believe that we can do the 23 search and produce whatever is responsive, if there's 24
anything, by next Friday. At this time I don't feel 25 that we need any additional costs. I guess if Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 63 1
something dramatic happens, we can talk and we'll 2 bring it up to the Court. But at this stage, we don't 3 think that it will be any additional costs. 4 THE COURT:
Thank you, sir. 5 MR. GILL: We would also just like 6 clarification on the search that we're going to 7 perform. 8 THE COURT: Do you want to be heard
before 9 that, or that's going to -10 MR. O'BOYLE: I mean, we just jointly talked, 11 Your Honor. Because when he said "no costs," I said, 12 "Wait a second."
Because I thought I heard two 13 separate things. And I just wanted to clarify, which 14 was first, you know, it was "Marty O'Boyle" and, you 15 know, sort of "the criminal
trial universe" text 16 messages, in which case, no costs. 17 But then I said to Mr. Gill, "I thought I heard 18 the judge maybe say something different thereafter.
19 And are you sure you guys don't want to have the 20 regular costs under Chapter 119 if it's going to be 21 emails or something more expansive than just text 22 messages?"
Because we are willing to, you know, pay 23 for that. 24 I want to make sure that if the ruling is more 25 than text messages, that we're offering to pay. And Fort
Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 64 1 that, you know, that they are -- you know, nobody's 2 getting duped here. 3 MR. GILL: I understood
-- text messages is 4 what I understood to search. 5 THE COURT: The Court's ruling is everything, 6 but you will bear the expense, sir. 7 MR. GILL: Okay.
Everything that then refers 8 to "Martin O'Boyle"? 9 THE COURT: And? 10 MR. GILL: And the incident? 11 THE COURT: Yes. 12 MR. GILL:
And the criminal trial? 13 THE COURT: Yes, those three terms. 14 MR. GILL: So we can have a problem with that 15 then. I mean, I have to talk my client.
I understood 16 text messages. So if it's going to be a bigger search 17 than that, it's going to take us more time to do. 18 Because we never searched previously for the
criminal 19 trial, Judge. I mean, candidly, we didn't do that. 20 THE COURT: You can have -- he's paying the 21 expense. 22 MR. GILL: I -- but it takes
time. It would 23 take time for us to do a search of all documents. And 24 now we're saying "O'Boyle" and "the criminal trial." 25 We said we didn't perform that search
before, Your Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 65 1 Honor. 2 THE COURT: Okay. 3 MR. O'BOYLE: How much time would you need? 4
MR. GILL: I need to confer with my client 5 again. It wasn't my understanding, Your Honor. 6 THE COURT: And my understanding is that 7 there's no time
is of the essence at this point. 8 MR. O'BOYLE: Your Honor, July 16th is our 9 time-of-the-essence issue. So while we are, you know, 10 happy to be patient, and,
you know, I'm grateful that 11 the Town is going to perform a more expansive search, 12 and that might actually precipitate the very ending of 13 this case, you know, we
still do have a time-sensitive 14 issue. 15 MR. KLINGER: There is a motion before the 16 criminal court for continuance by the Defendant. 17 MR. GILL:
May I just show Your Honor the 18 original request that we responded to, the language 19 that's in there that we searched for? I mean, maybe 20 that will -21
THE COURT: No, no. Honestly, because I have 22 a -23 MR. GILL: Sure. I -24 THE COURT: I mean, I haven't eaten. 25 MR. GILL: I appreciate Your
Honor. Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 66 1 THE COURT: I think I've entered an order 2 that's clear enough. The only change is that you're
3 going to be bearing the costs. 4 MR. O'BOYLE: Yes. 5 THE COURT: Is there -- I'm not worried 6 personally about -- and no offense, sir. But that the
7 criminal trial has a criminal judge. And I would 8 think it would be inequitable to rush them to provide 9 the response of documents, and even to make sure that 10
it's a comprehensive response, in time for your 11 criminal trial. 12 If there's any -- you can take any relief you 13 want in the criminal trial. And if it somehow
14 involves me, and the Court enters an order to that 15 nature, then I'll entertain it. But how much time do 16 you need to perform the search that will fully resolve
17 this lawsuit? 18 MR. GILL: Under the criteria you must 19 mentioned? 20 THE COURT: Yes. 21 MR. O'BOYLE: May I also add -- I'm sorry. I 22
haven't talked to you before. But I was going to say, 23 I know we have a motion trying to extend the criminal 24 trial. I was going to say, if you might be able to 25
agree with us on that, it might help the Town out. Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 67 1 MR. KLINGER: Well, I can't speak for the 2
prosecutor. From what I've been told -3 THE COURT: How can I enter an order 4 continuing -5 MR. KLINGER: Oh, no, no, no. 6 MR. O'BOYLE: No, no.
I just was asking him if 7 we were going to agree to continue -8 THE COURT: Oh, okay. 9 MR. O'BOYLE: Trying to agree on the record. 10 MR. KLINGER:
I can't quite give you an answer. 11 But I do just want to clarify something about the 12 Court's order today. That being the Town will go 13 ahead and do the new search
as ordered by the Court. 14 And then I presume would apply any appropriate 15 exemptions, redactions to that search. And then, if 16 necessary, would be called before this
Court at the 17 next hearing for possible in-camera inspection or -18 THE COURT: That is an accurate statement. 19 MR. KLINGER: Thank you. 20 MR.
O'BOYLE: 100 percent, Your Honor. That's 21 my understanding. 22 MR. GILL: We can -- that search we can do 23 July 10th, Your Honor. 24 THE COURT: Okay.
If there's an agreement, 25 then, yes, all right. You can include that in the Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 68 1 order. 2 MR. GILL:
Yes, Your Honor. 3 THE COURT: What else do we need? 4 MR. KLINGER: I can't quite tell you on the 5 criminal case. It was my understanding -- it sounded 6
to me as though it was going to be continued. But 7 I'm not -- I haven't gone to court in that case. I 8 don't know the judge. 9 THE COURT: Criminal case aside,
I don't want 10 to step on any other judge's toes. I'm only worried 11 about the civil case. 12 MR. GILL: I think we can now go get a date, 13 and then we'll
work on the order. We may have to 14 order the transcript for that. 15 MR. O'BOYLE: Right now we should have Your 16 Honor have lunch. We'll go work on a date on
the 17 motion to dismiss. And I thank you so much for taking 18 the time. 19 THE COURT: Yes. No problem. 20 MR. GILL: July 10th on the response, Your
21 Honor. 22 THE COURT: Yes. You certainly can order the 23 transcript if you want. But if you have -- really 24 there's only a couple of things that I ordered.
25 MR. GILL: Right. I just want to make sure on Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 69 1 the criteria. 2 THE COURT: Okay. 3
MR. GILL: I'm going to say it one time just so 4 that -- so we're now going to perform a search for all 5 documents that refer to Martin O'Boyle and are about 6
either the September 22nd incident or the criminal 7 trial that followed. 8 THE COURT: Right. 9 MR. GILL: Thank you, Your Honor. 10 MR. O'BOYLE:
And by "refer," not necessarily 11 "Martin O'Boyle" search term. If you had called him 12 "the slug," then you need to -13 MR. GILL: Judge, this is my -- so now
-14 that's what they asked -15 THE COURT: As of now, I'm only -- those are 16 the search terms. In the event that you can show just 17 cause in the future to
run an additional term, I'll 18 consider it. But right now that's wasn't included in 19 your original public records request. And, you know, 20 I'm not willing to go any
further than that. 21 MR. O'BOYLE: And I apologize, Your Honor. 22 Because that's why we clarified to say "anything that 23 emanates from that incident" so that we
don't have to 24 worry about what particular search term. 25 MR. GILL: Search terms - Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 70 1 THE
COURT: I mean, we have the three search 2 terms. 3 MR. GILL: Thank you, Your Honor. 4 THE COURT: Thank you very much. 5 MR. GILL: Thank you. 6
THE COURT: No problem. Pleasure to meet you, 7 Mr. O'Boyle, and clients back there. Thank you very 8 much. 9 THE BAILIFF: Court's in recess. 10
Proceedings concluded at 12:38 p.m.) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 71 1 CERTIFICATE
OF REPORTER 2 3 4 STATE OF FLORIDA ) 5 COUNTY OF PALM BEACH ) 6 7 8 I, Samantha L. Todd, Shorthand Reporter, certify 9 that I was authorized to and did stenographically
report 10 the foregoing proceedings, and that the transcript is a 11 true and complete record of my stenographic notes. 12 13 14 Dated this 24th day of June, 2019. 15 16 17 18
19 20 21 _____________________ 22 Samantha L. Todd, FPR 23 Shorthand Reporter 24 25 Fort Lauderdale, Florida 954-755-6401
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1:2 2019-CA-6817 4:3 205 1:17 20th 14:23 21 1:15 22 34:16 22nd 10:19 11:17 12:7 26:24 27:2,25 28:7,15,22 29:10 30:4 31:1 32:20 34:18,20 37:16 38:20 40:16 41:3 69:6 23rd 15:13 16:2 2455
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23:2 60:6 5 50-215MM01... 51:11 6 6 10:9 18:22 6-23:10 6-A1:18 600 14:19 7 7 6:4 11:11 700 23:10 71 1:13 3:4 754.212.4201 2:5 754.212.4222 2:6 8 8 12:20,21 800 15:7 9 9 12:20 13:12,23
954.463.1000 2:11
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105778_Martin O`Boyle v. Town of Gulf Stream (1).pdf
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April 16, 2019, Request.pdf
Renee Basel From: Martin E. O'Boyle <meo@commerce-group.com> Sent: Tuesday, April 16, 2019 6:16 AM To: Renee Basel; Rita Taylor Subject: Records Request - Gulf Stream - Martin O'Boyle
- Incident - September 22, 2015 Attachments: O'BOYLE SETTLEMENT AGREEMENT.pdf Dear Madam Custodian of Records & Ms. Renee Basel — please see the below records request. Please promptly
advise if you need any clarifications; otherwise, I would appreciate it if the records could be produced promptly. In connection with this request, pursuant to the attached Settlement
Agreement; and, more particularly Paragraph #5 thereof, the $250 required will be hand delivered in the am. Upon receipt, that will fulfill the obligation of the Requestor. Please provide
all records pursuant to (and as defined in) Chapter 119 of the Florida Statutes which mention or refer to Marin O'Boyle, but limited to the incident at the Town Hall on September 22,
2015 regarding Martin O'Boyle. The requested records shall include, without limitation, all E-Mails, phone records, messages, letters, memos and other communications sent by, received
by or created by the "Town of Gulf Stream". The term " Town of Gulf Stream" shall mean each of the following: the Town of Gulf Stream, its Com missioners, its Manager, its employees,
its officers, its staff, its Police Department, its Police Officers its counsel and the following law firms: Sweetapple, Broeker & Varkas; Richman Greer, PA; Jones, Foster, Johnston
& Stubbs; Cole, Scott & Kissane, P.A.; and Johnson Anselmo Murdoch Burke Piper & Hochman, P.A. ( including, without limitation, the attorneys, employees and partners of each such law
firm.) As to any records which you choose not to produce on the basis of claim that the record is privileged, kindly provide a Privilege Log or an explanation (pursuant to Chapter 119)
as to your basis for withholding any such records. Also, to the extent that there are any redactions in any of the records, we ask that you provide the basis consistent with the request
in the prior sentence. Martin E. O'Boyle, Commerce Group 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561-383-1221 E-mail:
meo@commerce-group.com Web Page: www.commerce-group.com 1
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April 16, 2019, Request.pdf
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Proposed Order.pdf
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 2019-CA-6817 MARTIN O’BOYLE, Plaintiff, v. TOWN OF GULF STREAM, Defendant. ___________________________
_/ ORDER THIS CAUSE having come before the Court on June 21, 2019, on the immediate hearing requested by the Plaintiff, MARTIN E. O’BOYLE (“Plaintiff” or “O’Boyle”), pursuant to Chapter
119, and the Court having conducted oral argument , and being otherwise duly advised, it is ORDERED AND ADJUDGED as follows: 1. The Defendant, TOWN OF GULF STREAM (“Town”), shall conduct
a search for records (as that term is defined by Chapter 119 of the Florida Statutes) that (1) mention or refer to Martin O’Boyle and (2) either mention or refer to the September 22,
2015, incident at Town hall or to the subsequent criminal trial (State of Florida v. Martin E. O’Boyle, Case No: 2015MM012872AXX); 2. The Town shall complete its search by July 10,
2019, and shall provide copies of all responsive records (subject to any exemptions under Chapter 119) pursuant to section 119.07; 3. Costs of the Town’s search shall paid by the Plaintiff
and shall be governed by section 119.07, Fla. Stat.; and 4. A blanket protective order is entered prohibiting all discovery including depositions from occurring until the Court conducts
its next hearing in the case. DONE AND ORDERED in West Palm Beach, Palm Beach County, Florida on this ____ day of July 2019. JEFFREY
SCOTT KERNER CIRCUIT COURT JUDGE Copies furnished: Jonathan O’Boyle joboyle@oboylelawfirm.com oboylecourtdocs@oboylelawfirm.com Jeffrey L. Hochman, Esq. hochman@jambg.com Hudson C.
Gill, Esq. hgill@jambg.com -2
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Ltr to Judge proposed order.pdf
LAW OFFICES JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER & HOCHMAN, P.A. A PROFESSIONAL ASSOCIATION DAMIAN H. ALBERT, P.A. SCOTT D. ALEXANDER, P.A. MICHAEL T. BURKE * HUDSON C. GILL, P.A.
JEFFREY L. HOCHMAN, P.A. DUCHANT JOHNSON E. BRUCE JOHNSON * _______________ * BOARD CERTIFIED CIVIL TRIAL LAWYERS 2455 EAST SUNRISE BOULEVARD SUITE 1000 FORT LAUDERDALE, FL 33304
___________ (954) 463-0100 Broward (305) 945-2000 Dade (561) 640-7448 WPB TELECOPIER (954) 463-2444 MELISSA L. JOHNSON W. HAMPTON JOHNSON IV, P.A. MICHAEL R. PIPER * JONATHAN
H. RAILEY DAVID M. SCHWEIGER, P.A. CHRISTOPHER J. STEARNS, P.A. _______________ RETIRED: RONALD P. ANSELMO BURL F. GEORGE ROBERT E. MURDOCH June 24, 2019 By E-mail and U.S. Mail Honorable
Scott Kerner Palm Beach County Courthouse 205 N Dixie Highway West Palm Beach, FL 33401 Re: Martin O’Boyle v. Town of Gulf Stream Our File 02015/39186 Case No. 19-CA-6817 (Passeggiata)
Dear Judge Kerner: The parties were not able to agree on the content of the order following the June 21, 2019, hearing in the above-referenced matter. As a result, the parties are submitting
competing proposed orders. The Town of Gulf Stream’s proposed order is enclosed for the Court’s consideration. The Town has also enclosed copies of (1) the original April 16, 2019,
request submitted to the Town by the Plaintiff, Martin O’Boyle, and (2) the transcript of the June 21, 2019, hearing. Respectfully submitted, /s/ Hudson C. Gill Hudson C. Gill For the
Firm HCG Enclosures cc: Jonathan O’Boyle, Esq. (By email w/ encls.)
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Proposed Order.docx
IN THE CIRCUIT COURT OF THE
15TH JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA
CASE NO. 2019-CA-6817
MARTIN O’BOYLE,
Plaintiff,
v.
TOWN OF GULF STREAM,
Defendant.
____________________________/
ORDER
THIS CAUSE having come before the Court on June 21, 2019, on the immediate hearing requested by the Plaintiff, MARTIN E. O’BOYLE (“Plaintiff” or “O’Boyle”), pursuant to Chapter 119,
and the Court having conducted oral argument , and being otherwise duly advised, it is
ORDERED AND ADJUDGED as follows:
The Defendant, TOWN OF GULF STREAM (“Town”), shall conduct a search for records (as that term is defined by Chapter 119 of the Florida Statutes) that (1) mention or refer to Martin O’Boyle
and (2) either mention or refer to the September 22, 2015, incident at Town hall or to the subsequent criminal trial (State of Florida v. Martin E. O’Boyle, Case No: 2015MM012872AXX);
The Town shall complete its search by July 10, 2019, and shall provide copies of all responsive records (subject to any exemptions under Chapter 119) pursuant to section 119.07;
Costs of the Town’s search shall paid by the Plaintiff and shall be governed by section 119.07, Fla. Stat.; and
A blanket protective order is entered prohibiting all discovery including depositions from occurring until the Court conducts its next hearing in the case.
DONE AND ORDERED in West Palm Beach, Palm Beach County, Florida on this ____ day of July 2019.
</w:t></w:r></w:p><w:p w:rsidR="0059024F" w:rsidRDe
JEFFREY SCOTT KERNER
CIRCUIT COURT JUDGE
Copies furnished:
Jonathan O’Boyle
joboyle@oboylelawfirm.com
oboylecourtdocs@oboylelawfirm.com
Jeffrey L. Hochman, Esq.
mailto:hochman@jambg.comhochman@jambg.com
Hudson C. Gill, Esq.
mailto:hgill@jambg.comhgill@jambg.com
mailto:oboylecourtdocs@oboylelawfirm.com
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Propos~1.doc
Proposed Order.docx
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EnUsMy understanding is that the Town's cover letter, proposed order, and related documents were sent yesterday by email and regular mail. I have attached copies of the documents that
were sent sent yesterday for your convenience.
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
FAX: 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 (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 Tue, Jun 25, 2019 at 6:47 AM CAD-Division AJ <HYPERLINK "mailto:CAD-DivisionAJ@pbcgov.org"CAD-DivisionAJ@pbcgov.org> wrote:
Received. Thank you.
I assume Defense will be sending a version as well?
From: Jonathan O'Boyle <HYPERLINK "mailto:joboyle@oboylelawfirm.com"joboyle@oboylelawfirm.com>
Sent: Monday, June 24, 2019 3:33 PM
To: CAD-Division AJ <HYPERLINK "mailto:CAD-DivisionAJ@pbcgov.org"CAD-DivisionAJ@pbcgov.org>; Jeffrey Lawrence Hochman <HYPERLINK "mailto:hochman@jambg.com"hochman@jambg.com>; HYPERLINK
"mailto:brussell@commerce-group.com"brussell@commerce-group.com; HYPERLINK "mailto:courtdocs@sao17.state.fl.us"courtdocs@sao17.state.fl.us; HYPERLINK "mailto:finley@jambg.com"finley@jambg.com;
HYPERLINK "mailto:fox@jambg.com"fox@jambg.com; HYPERLINK "mailto:hgill@jambg.com"hgill@jambg.com; HYPERLINK "mailto:jonathanroboyle@gmail.com"jonathanroboyle@gmail.com; HYPERLINK "mailto:jsilvershei
n@sao17.state.fl.us"jsilvershein@sao17.state.fl.us; HYPERLINK "mailto:mmelicia@commerce-group.com"mmelicia@commerce-group.com; HYPERLINK "mailto:moboyle@commerce-group.com"moboyle@commerce-group.com;
O'BoyleCourtDocs <HYPERLINK "mailto:oboylecourtdocs@oboylelawfirm.com"oboylecourtdocs@oboylelawfirm.com>; HYPERLINK "mailto:tnazzaro@gulf-stream.org"tnazzaro@gulf-stream.org; HYPERLINK
"mailto:wjordan@sao17.state.fl.us"wjordan@sao17.state.fl.us
Cc: Jonathan O'Boyle <HYPERLINK "mailto:joboyle@oboylelawfirm.com"joboyle@oboylelawfirm.com>; Kristen Blackwell <HYPERLINK "mailto:kblackwell@oboylelawfirm.com"kblackwell@oboylelawfirm.com>
Subject: RE: SERVICE OF COURT DOCUMENT CASE No.: 502019CA006817XXXXMB
****** Note: This email was sent from a source external to Palm Beach County. Links or attachments should not be accessed unless expected from a trusted source. ******
Please See Attached from Plaintiff re the 6.21.19 Hearing.
Jonathan O’Boyle, Esq., LLM |Licensed in PA, NJ, and FL.
The O’Boyle Law Firm – Professional Corporation
HYPERLINK "https://urldefense.proofpoint.com/v2/url?u=http-3A__www.oboylelawfirm.com_&d=DwMGaQ&c=JMJxdiofvjJKeebMXBrIn8vDKQGaIrsQQJbzDQHviG0&r=jJzbEckt9TuDr5GSQJX5lLvTZxwIGnyPHevMiAf1mr0&m=dGs2c_IiRB
lCvFKg1MXYj0hWl9DwKNfZamSMrj-LzpM&s=P46nESeaannq89T5deFe3I8lfcYZrVJR4jsPu5H302I&e="www.oboylelawfirm.com [oboylelawfirm.com]
Pennsylvania Office
1001 Broad St.
Johnstown, PA 15906
Tel: 754-212-4201
Fax: 215-893-3641
HYPERLINK "mailto:joboyle@oboylelawfirm.com"joboyle@oboylelawfirm.com
New Jersey Office
525 Route 73 North, Suite 104
Marlton, NJ 08053
Tel: 856-619-8558
Fax: 856-619-8559
HYPERLINK "mailto:joboyle@oboylelawfirm.com"joboyle@oboylelawfirm.com
Florida Office
1286 West Newport Center Drive
Deerfield Beach, FL 33442
Office: 754-212-4201
Direct: 954-570-3533
Fax: 754-212-2444
HYPERLINK "mailto:joboyle@oboylelawfirm.com"joboyle@oboylelawfirm.com
IRS Circular 230 disclosure: To ensure compliance with requirements
imposed by the IRS, we inform you that any tax advice contained in this
communication, unless expressly stated otherwise, was not intended or
written to be used, and cannot be used, for the purpose of (i) avoiding
tax-related penalties under the Internal Revenue Code or (ii) promoting,
marketing or recommending to another party any tax-related matter(s)
addressed herein.
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From: CAD-Division AJ <HYPERLINK "mailto:CAD-DivisionAJ@pbcgov.org"CAD-DivisionAJ@pbcgov.org>
Sent: Monday, June 24, 2019 9:09 AM
To: Jeffrey Lawrence Hochman <HYPERLINK "mailto:hochman@jambg.com"hochman@jambg.com>; Jonathan O'Boyle <HYPERLINK "mailto:joboyle@oboylelawfirm.com"joboyle@oboylelawfirm.com>; HYPERLINK
"mailto:brussell@commerce-group.com"brussell@commerce-group.com; HYPERLINK "mailto:courtdocs@sao17.state.fl.us"courtdocs@sao17.state.fl.us; HYPERLINK "mailto:finley@jambg.com"finley@jambg.com;
HYPERLINK "mailto:fox@jambg.com"fox@jambg.com; HYPERLINK "mailto:hgill@jambg.com"hgill@jambg.com; HYPERLINK "mailto:jonathanroboyle@gmail.com"jonathanroboyle@gmail.com; HYPERLINK "mailto:jsilvershei
n@sao17.state.fl.us"jsilvershein@sao17.state.fl.us; HYPERLINK "mailto:mmelicia@commerce-group.com"mmelicia@commerce-group.com; HYPERLINK "mailto:moboyle@commerce-group.com"moboyle@commerce-group.com;
O'BoyleCourtDocs <HYPERLINK "mailto:oboylecourtdocs@oboylelawfirm.com"oboylecourtdocs@oboylelawfirm.com>; HYPERLINK "mailto:tnazzaro@gulf-stream.org"tnazzaro@gulf-stream.org; HYPERLINK
"mailto:wjordan@sao17.state.fl.us"wjordan@sao17.state.fl.us
Cc: CAD-Division AJ <HYPERLINK "mailto:CAD-DivisionAJ@pbcgov.org"CAD-DivisionAJ@pbcgov.org>
Subject: SERVICE OF COURT DOCUMENT CASE No.: 502019CA006817XXXXMB
Importance: High
This email is from the Fifteenth Judicial Circuit
Case Number: 50-2019-CA-006817-XXXX-MB
OBOYLE, MARTIN E V TOWN OF GULF STREAM
Division AJ, 561 355-7570
Additional comments:
I'm sorry - both parties may send the proposed orders (competing) by EMAIL. Just respond to this email and attach the Order in WORD format, please.
Thank you!
In accordance with the 15th Judicial Circuit's Administrative Order 2.310-4/13, please ensure that primary and secondary email addresses are registered with Court Administration at https://e-services
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For a better translation of this document, contact HYPERLINK "mailto:CAD-ADA@pbcgov.org"CAD-ADA@pbcgov.org.
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