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PRR 14-1178
REQUESTEE: RECORDS REQUEST (the "Request ") Date of Request: 7/31/14 Requestor's Request ID#: 664 Custodian of Records Town of Gulf Stream REQUESTOR: Airline Highway, LLC REQUESTOR'S CONTACT INFORMATION: E -Mail: records @commerce- group.com Fax: 954- 360 -0807; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: Provide all Public Records demonstrating that Jonathan R. O'Boyle was domiciled in Florida on May 30, 2014, as stated in the Defendant's Motion to Disqualify The O'Boyle Law Firm, P.C.. Inc. And, In The Alternative, For An Evidentiary Hearina. ADDITIONAL INFORMATION REGARDING REQUEST: THIS REQUEST IS MADE PURSUANT TO PUBLIC RECORDS ACT, CHAPTER 119 OF THE FLORIDA STATUTES AND IS ALSO REQUESTED UNDER THE COMMON LAW RIGHT TO KNOW, THE COMMON LAW RIGHT OF ACCESS; AND ANY STATUTORY RIGHT TO KNOW (INCLUDING, WITHOUT LIMITATION, ANY STATUTORY RIGHT OF ACCESS, AS APPLICABLE). THIS REQUEST IS ALSO MADE PURSUANT TO THE RIGHTS OF THE REQUESTOR PROVIDED IN THE FLORIDA CONSTITUTION. IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED IN ELECTRONIC FORM. IF NOT AVAILABLE IN ELECTRONIC FORM, IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED ON 11 X 17 PAPER. NOTE: IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4) (a) (2) ALL ELECTRONIC COPIES ARE REQUESTED TO BE SENT BY E -MAIL DELIVERY. PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS REQUEST IN ADVANCE. It will be required that the Requestor approve of any costs, asserted by the Agency (as defined in Florida Statute, Chapter 119.01 (Definitions)), in advance of any costs imposed to the Requestor by the Agency. I:PNPR/FRR 04.22.13 FORM .. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail August 23, 2014 Airline Highway, LLC [mail to: records @commerce - group.com] Re: GS #1178 (664), #1179 (665), #1183 (663), #1195 (730), #1201 (731), #1202 (732), #1203 (733) Provide all Public Records demonstrating that Jonathan R. O'Boyle was domiciled in Florida on May 30, 2014, as stated in the Defendant's Motion to Disqualify The O'Boyle Law Firm, P.C., Inc. And, In The Alternative, For An Evidentiary Hearing. Provide all Public Records which would confirm that Jonathan R. O'Boyle was a permanent resident ofthe State ofFlorida on May 30, 2014, as stated in the Defendant's Motion To Disqualify The O'Boyle Law Firm, P.C., Inc. And, In The Alternative, For An Evidentiary Hearing. Provide all Public Records which would confirm the statement made by Attorney Sweetapple in the Introductory Paragraph on Page 1 of the Defendant's Motion To Disqualify The O'Boyle Law Firm, P.C., Inc. And in The Alternative, For An Evidentiary Hearing which reads as follows: "Jonathan R. O'Boyle has used the Pennsylvania professional corporation to establish an office or other regular presence in the State of Florida without being admitted to practice here generally and is thereby engaged in the unlicensed practice of law. Please provide all Public Records which confirm Attorney Sweetapple's statement in the first sentence of numbered paragraph 14 of the Defendant's Motion For Sanctions Against Plaintiff, Martin E. O'Boyle, Counsel of Record, The O'Boyle Law Firm, P.C., Jonathan O'Boyle And William Ring, Esquire, which was fled by Attorney Sweetapple. Please provide all Public Records which confirm Attorney Sweetapple's statement in the second sentence of membered paragraph 14 of the Defendant's Motion For Sanctions Against Plaintiff, Martin E. O'Boyle, Counsel of Record, The O'Boyle Law Firm, P.C., Jonathan O'Boyle And William Ring, Esquire, which was filed by Attorney Sweetapple. In paragraph 15 of the Defendant's Motion For Sanctions Against Plaintiff, Martin E. O'Boyle, Counsel of Record, The O'Boyle Law Firm, P.C., Jonathan O'Boyle And William Ring, Esquire, Attorney Sweetapple states (in the last sentence) "It should not be the subject of harassment, intimidation and air raids by opposing counsel and their client." We would askfor any Public Records confirming that both Plaintiffs Counsel and Plaintiff' (both) engaged in harassment, intimidation and air raids. In numbered paragraph 16 of the Defendant's Motion For Sanctions Against Plaintiff, Martin E. O'Boyle, Counsel of Record, The O'Boyle Law Firm, P. C., Jonathan O'Boyle And William Ring, Esquire, Attorney Sweetapple uses the word "misconduct ". Please provide all Public Records which elaborate as to what the misconduct emanated from; and what the misconduct was. Dear Airline Highway, LLC. [mail to: records @commerce- group.com], The Town of Gulf Stream has received your public records requests dated July 31, 2014. If your request was received in writing, then the requests can be found at the following links: htty: / /www2.gulf- stream. ore /WebLink8 /0 /doc /I 7189/Pagel .aspx, httv://www2.gulf-stream.org/WebLink8/0/doc/I 7188/Pagel .asnx, http: / /www2. gulf- stream.orgfW ebLink8 /0 /doc /I7322/Pagel .astx, http: / /www2. gulf- stream.orgfWebLink8 /0 /doc /I 7373/Pagel . asg_x http:// www2.gulf- stream.orgfWebLink8 /0 /doc / 173 80/Pagel .aspx, htti):// www2.gulf- stream.orgfWebLink8 /0 /doc /17381/Pagel.aspx, and http:// www2.gulf- streatn.org/WebLink8 /0 /doc /17382/Pagel.asi)x. If your request was verbal, then the description of your public records request is set forth in the italics above. Please refer to the referenced number above with any future correspondence. The Town of Gulf Stream is currently working on a large number of incoming public records requests. The Town will use its very best efforts to respond to you in a reasonable amount of time with the appropriate response or an estimated cost to respond. Sincerely, Town Clerk Custodian of the Records TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via a -mail August 23, 2014 Airline Highway, LLC [mail to: records @commerce - group.com] Re: GS #1178 (664), #1179 (665), #1183 (663), #1195 (730), #1201 (731), 91202 (732), #1203 (733) Provide all Public Records demonstrating that Jonathan R. O'Boyle was domiciled in Florida on May 30, 2014, as stated in the Defendant's Motion to Disqualify The O'Boyle Law Firm, P. C, Inc. And, In The Alternative, For An Evidentiary Hearing. Provide all Public Records which would confirm that Jonathan R. O'Boyle was a permanent resident of the State of Florida on May 30, 2014, as stated in the Defendant's Motion To Disqualify The O'Boyle Law Firm, P. C., Inc. And, In The Alternative, For An Evidentiary Hearing. Provide all Public Records which would confirm the statement made by Attorney Sweetapple in the Introductory Paragraph on Page 1 of the Defendant's Motion To Disqualify The O'Boyle Law Firm, P.C., Inc. And in The Alternative, For An Evidentiary Hearing which reads as follows: "Jonathan R. O'Boyle has used the Pennsylvania professional corporation to establish an office or other regular presence in the State of Florida without being admitted to practice here generally and is thereby engaged in the unlicensed practice of law. Please provide all Public Records which confirm Attorney Sweetapple's statement in the first sentence of numbered paragraph 14 of the Defendant's Motion For Sanctions Against Plaintiff, Martin E. O'Boyle, Counsel of Record, The O'Boyle Law Firm, P.C., Jonathan O'Boyle And William Ring, Esquire, which was filed by Attorney Sweetapple. Please provide all Public Records which confirm Attorney Sweetapple's statement in the second sentence of numbered paragraph 14 of the Defendant's Motion For Sanctions Against Plaintiff, Martin E. O'Boyle, Counsel of Record, The O'Boyle Law Firm, P.C., Jonathan O'Boyle And William Ring, Esquire, which was filed by Attorney Sweetapple. In paragraph 15 of the Defendant's Motion For Sanctions Against Plaintiff' Martin E. O'Boyle, Counsel of Record, The O'Boyle Law Firm, P.C., Jonathan O'Boyle And William Ring, Esquire, Attorney Sweetapple states (in the last sentence) "It should not be the subject of harassment, intimidation and air raids by opposing counsel and their client." We would ask for any Public Records confirming that both Plaintiffs Counsel and Plaintiff (both) engaged in harassment, intimidation and air raids. In numbered paragraph 16 of the Defendant's Motion For Sanctions Against Plaintiff, Martin E. O'Boyle, Counsel of Record, The O'Boyle Law Firm, P.C., Jonathan O'Boyle And William Ring, Esquire, Attorney Sweetapple uses the word "misconduct ". Please provide all Public Records which elaborate as to what the misconduct emanated from; and what the misconduct was. Dear Airline Highway, LLC. [mail to: records @commerce - group.com], The Town of Gulf Stream has received your public records requests dated July 31, 2014. If your request was received in writing, then the requests can be found at the following links: http: / /www2. gulf- stream. ore(WebLink8 /0 /doc /17189/Pagel .aspx, http://www2.gulf-stream.org/WebLink8/0/doc/17188/Pagel.aspx , httv://www2.gulf-stream.org/WebLink8/O/doc/17322/Pagel.asvx , h"://www2.gulf-streain.org/WebLink8/0/doc/17373/Pagel.asl)x http:// www2.gulf- stream.org[WebLink8 /0 /doc /17380/Pagel . aspx, http: / /www2. gulf - stream. ore /WebLink8 /0 /doc /I7381 /Page Laspx, and http:// www2.gulf- stream.orgfWebLink8 /0 /doc /17382/Pagel.asyx. If your request was verbal, then the description of your public records request is set forth in the italics above. Please refer to the referenced number above with any future correspondence. The Town of Gulf Stream is currently working on a large number of incoming public records requests. The Town will use its very best efforts to respond to you in a reasonable amount of time with the appropriate response or an estimated cost to respond. Sincerely, Town Clerk Custodian of the Records Filing # 14277740 Electronically Filed 05/30/2014 05:09:45 PM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 2014CA004474 AG MARTIN E. O'BOYLE, Plaintiff, VS. TOWN OF GULF STREAM, Defendant. DEFENDANT'S MOTION TO DISQUALIFY THE O'BOYLE LAW FIRM, P.C., INC. AND, IN THE ALTERNATIVE, FOR AN EVIDENTIARY HEARING Defendant, TOWN OF GULFSTREAM ( "Defendant" or "the Town "), moves this Court for an order disqualifying Plaintiff's counsel, THE O'BOYLE LAW FIRM, P.C. f/k/a JONATHAN R. O'BOYLE, P.C. ( "THE O'BOYLE LAW FIRM ") from representing Plaintiff herein and, in the alternative, for an evidentiary hearing to determine whether THE O'BOYLE LAW FIRM should be disqualified for engaging in the unlicensed practice of law, and as grounds therefore would state: INTRODUCTION THE O'BOYLE LAW FIRM should be disqualified from representing Plaintiff because its President, JONATHAN R. O'BOYLE, has used the Pennsylvania professional corporation to establish an office or other regular presence in the State of Florida without being admitted to practice here generally and is thereby engaged in the unlicensed practice of law. Mr. O'Boyle was born and raised in Gulf Stream, Florida and graduated from Drexel University School of Law in 2012. He is not a member of The Florida Bar. Just two months after he created the Pennsylvania law firm in November 2013, he sought and was granted admission pro hac vice in two Florida actions based on sworn representations that he is a member of the Pennsylvania bar, has business offices at a residential property owned by an apparent relative at 2146 E. Huntingdon Street, Philadelphia, PA and himself resides more than one hour away in New Jersey. At the same time, Mr. O'Boyle represented to the Pennsylvania Supreme Court that he was an out -of -state attorney who resided at his father's home in Gulf Stream, Florida. To the Honorable Thomas Barkdull, representations were recently made that THE O'BOYLE LAW FIRM is an interstate law firm practicing in Florida and Pennsylvania and that Mr. O'Boyle, the only attorney purportedly practicing in Pennsylvania, is a partner in the firm with his law school classmate Ryan Witmer, a member of The Florida Bar. However, no attorney with THE O'BOYLE LAW FIRM, including Mr. O'Boyle, appears to practice in Pennsylvania so as to generate profits and losses and, therefore, there is no evidence of a bona fide partnership that could support an interstate law firm. Although Mr. O'Boyle has apparently recently updated the Pennsylvania Supreme Court filing to reflect that he practices in Cambria County, Pennsylvania and an address in Johnstown, Pennsylvania, that only raises additional questions. Among other things, Mr. O'Boyle's purported residence address in Longport, New Jersey is more than five hours away from his Pennsylvania law offices. On behalf of Mr. O'Boyle's father, Martin O'Boyle, and another Gulf Stream resident Christopher O'Hare or their affiliates, THE O'BOYLE LAW FIRM has brought more than one dozen public records lawsuits in this Circuit Court as well as claims of alleged constitutional violations in federal court against the Town. Five (5) of those public records suits are pending in this Division AG. 2 A. The O'Boyle Law Firm is a Pennsylvania Professional Corporation With a Non - Florida Bar Member as Its President. 1. "THE O'BOYLE LAW FIRM, P.C.," formerly known as JONATHAN R. O'BOYLE P.C., is a Pennsylvania professional corporation created in November 2013. The O'BOYLE LAW FIRM, P.C. lists with the Pennsylvania Department of State its registered office address as 1001 Broad Street, Johnstown, Pennsylvania with no mailing address. (See Exhibit "A ") 2. According to the Florida Department of State, Division of Corporations, "THE O'BOYLE LAW FIRM, P.C., INC." is a foreign profit corporation with a principal address in Deerfield Beach, Florida. The corporation lists a mailing address at 2146 E. Huntingdon Street in Philadelphia, Pennsylvania. (See Exhibit "B "). 3. THE O'BOYLE LAW FIRM, P.C. and THE O'BOYLE LAW FIRM, P.C., INC. are referred to collectively as "THE O'BOYLE LAW FIRM." 4. THE O'BOYLE LAW FIRM, P.C., INC. identifies Jonathan R. O'Boyle, with an address of 2146 E. Huntingdon Street, Philadelphia, Pennsylvania 19125, as its President in filings with the Florida Department of State, Division of Corporations. (See id). No other officers are identified. B. No Lawyer With The O'Boyle Law Firm Actively Practices in Pennsylvania. 5. Jonathan R. O'Boyle appears to be the only lawyer in THE O'BOYLE LAW FIRM even admitted to practice in Pennsylvania (admission date of November 13, 2012). However, as of April 4, 2014, Pennsylvania had listed him as an out -of -state lawyer with an address at the home of his father, Martin O'Boyle, at 23 North Hidden Harbour Drive in 3 Gulfstream, Florida, and a telephone number with a (561) area code. (See Exhibit "C "). Thus, as of April 4, 2014, the Pennsylvania Supreme Court did not reflect that any lawyer with THE O'BOYLE LAW FIRM actively practiced in the state. 6. As of May 29, 2014, the Pennsylvania Supreme Court listing for Mr. O'Boyle reflects that he practices in Cambria County, Pennsylvania with an address of 1001 Broad Street, Johnstown, PA. (See Exhibit "D "). C. Jonathan O'Boyle's Contradictory Florida Pro Hac Vice Applications 7. As discussed below, just two months after THE O'BOYLE LAW FIRM was created as a Pennsylvania professional corporation in November 2013, Jonathan R. O'Boyle moved to appear pro hac vice in Florida state and federal court cases. 8. On January 23, 2014, Jonathan R. O'Boyle filed a sworn Verified Motion for Admission to Appear Pro Hac Vice in the case of Christopher F. O'Hare v. Town of Gulfstream and William H. Thrasher, Jr., Case No.: 2014CA00072OXXXXMB Al, pending before the Honorable Meenu Sasser. (See Exhibit "E ") 9. In said Motion, Mr. O'Boyle swore in paragraph 2 that he is a member of the THE O'BOYLE LAW FIRM, P.C. with offices at 2146 E. Huntingdon Street, Philadelphia, PA. This representation contradicts both of his Pennsylvania Supreme Court listings that he is either (1) an out -of -state lawyer who can be reached at his father's home in Florida or (2) a lawyer practicing at his 1001 Broad Street, Johnstown, PA and contradicts THE O'BOYLE LAW FIRM, P.C. filings with the Pennsylvania Department of State reflecting a business address in Johnstown, not Philadelphia. (See Exhibits "B ", "C" and "D ").1 The Pennsylvania Supreme Court requires that all changes in address be reported to the Attorney Registrar within thirty (30) days after such change. See http: / /www.padiscipliggo board.org /attoine sy /fags/ M 10. In the above - referenced Motion to Appear Pro Hac Vice, Mr. O'Boyle also swore that he is domiciled in and permanently resides at 107 South 13th Street, Longport, New Jersey. (See Exhibit "E "). Longport, New Jersey is more than five (5 ) hours from Johnstown, Pennsylvania, where THE O'BOYLE LAW FIRM P.C. is ostensibly based. 11. It appears that the Philadelphia address that THE O'BOYLE LAW FIRM lists as its mailing address with the Florida Department of State and that Mr. O'Boyle represented to Judge Sasser in January 2014 is the business address of THE O'BOYLE LAW FIRM is actually a residential property constituting a homestead owned by a relative of Mr. O'Boyle, Kelly L. O'Boyle. (See Exhibit "F" attached hereto). 12. On April 10, 2014, Jonathan O'Boyle appeared before the Honorable Thomas Barkdull in the case of Jason Weeks v. Town of Palm Beach, Case NO. 2014 -CA- 003938XXXXMB AB. At that hearing, Judge Barkdull questioned Mr. O'Boyle about his relationship to THE O'BOYLE LAW FIRM, P.C. (See Transcript of Testimony and Proceedings Before the Honorable Thomas Barkdull 4 /10/14, attached hereto as Exhibit "G ") 13. Mr. O'Boyle represented to Judge Barkdull that THE O'BOYLE LAW FIRM is an interstate law firm with addresses in Florida and Pennsylvania and that the name of the firm is a reference to him. (See id at p.4) ( "there's a Florida address and a Pennsylvania address. "). Mr. O'Boyle nevertheless advised the Court that he was acting as a law clerk to Giovani Mesa, an attorney with THE O'BOYLE LAW FIRM. (See id. at p.4). 14. The Court cautioned Mr. O'Boyle to "step back" "because we are about to discuss the illegal practice of law without being a member of the Florida Bar." (See id. at p.5). 15. During the proceeding, the Court asked: "Mr. O'Boyle have you been moved to be admitted pro hac vice in Florida at all ?" Mr. O'Boyle responded: "yes your Honor." When 5 the Court inquired "how many times ?," Mr. O'Boyle responded "once your Honor." (See id, at p. 10). 16. In fact, records indicate that at the time of the hearing before Judge Barkdull, Mr. O'Boyle had moved and appeared pro hac vice in at least three Florida matters. In addition to the case pending before Judge Sasser, Mr. O'Boyle has appeared pro hac vice in the following cases: a. Martin O'Boyle v. Town of Gulf Stream, Case No.: 9:2013 -cv- 80530 -DMM (Middlebrooks, J.) (since dismissed) on June 17, 2013 (see Exhibit "H "); and b. Christopher O'Hare v. Town of Gulfstream, Case No.: 9:13 -CV- 81053 -KLR (Ryskamp, J.), on or about January 13, 2014 (see Exhibit "I "). 17. On information and belief, Mr. O'Boyle is supervising and handling another federal court matter brought by THE O'BOYLE LAW FIRM on behalf of his father, Martin O'Boyle, against the Town, O'Boyle v. Town of Gulf Stream, Case No. 14- CV- 80317- MIDDLEBROOKS, but has failed to move for admission pro hac vice in that case to avoid Rule 4 of the Special Rules Governing the Admission and Practice of Attorneys, Local Rules of the Southern District of Florida. Rule 4(b)(2) prohibits lawyers who are not Florida bar members from engaging in a general practice in the Southern District of Florida and deems more than three (3) appearances within a 365 -day period in separate representations to be presumed to be a "general practice." 18. Attorney Mesa advised Judge Barkdull that four of the five attorneys with THE O'BOYLE LAW FIRM are located in Florida. 19. Attorney Mesa also represented to Judge Barkdull that the partners in the Florida law firm are Ryan Witmer, a member of The Florida Bar, and Mr. O'Boyle. (See id. at pp.5 -6). 0 Messrs. Witmer and O'Boyle both graduated from Drexel University School of Law in Pennsylvania in 2012. Mr. Witmer was admitted to The Florida Bar in November 2013. 20. Mr. O'Boyle advised Judge Barkdull that he passed the bar examination but is awaiting admission to The Florida Bar. (See Exhibit "G" at p.11). 21. As of the date of this filing, The Florida Bar does not list Mr. O'Boyle as a member. Calls to The Florida Bar regarding Mr. O'Boyle's status as a member of The Florida Bar were referred to an individual who identified herself as being with the Unlicensed Practice of Law section. 22. Internet postings incorrectly indicate that Mr. O'Boyle is a member of The Florida Bar. (See Composite Exhibit "J "). D. Interstate Law Firms and the Unlicensed Practice of Law. 23. Rule 4 -5.5 of the Rules Regulating the Florida Bar, Rules of Professional Conduct governing "Unlicensed Practice of Law; Multi- Jurisdictional Practice of Law," provides, in pertinent part: (a) Practice of Law. A lawyer shall not practice law in a jurisdiction other than the lawyer's home state, in violation of the regulation of the legal profession in that jurisdiction, or in violation of the regulation of the legal profession in the lawyer's home state or assist another in doing so. (b) Prohibited conduct. A lawyer who is not admitted to practice in Florida shall not. (1) except as authorized by other law, establish an office or other regular presence in Florida for the practice of law... (See Exhibit "K ") (emphasis in bold/italics added). 24. It appears that Mr. O'Boyle does not reside or practice law in the State of Pennsylvania and that the THE O'BOYLE LAW FIRM P.C., a Pennsylvania professional 7 corporation, is merely a pretense for the purpose of establishing an office or other regular presence in Florida for the practice of law by Mr. O'Boyle.2 25. THE O'BOYLE LAW FIRM has been engaged litigation on behalf of Martin O'Boyle, father of Jonathan R. O'Boyle, and Christopher O'Hare in more than one dozen public record requests and other lawsuits against the Town. a. In addition to the aforementioned two state and federal court cases in which Mr. O'Boyle moved for admission pro hac vice on behalf of Christopher O'Hare, THE O'BOYLE LAW FIRM has appeared in the following public records suits on behalf of O'Hare: O'Hare v. Town of Gulf Stream, Case No. 2014CA000818XXXXMB AG (voluntarily dismissed) O'Hare v. Town of Gulf Stream, Case No. 2014CA000824XXXXMB AG O'Hare v. Town of Gulf Stream, Case No. 2014CA000835XXXXMB AG O'Hare v. Town of Gulf Stream, Case No. 2014CA000894XXXXMB AG O'Hare v. Town of Gulf Stream, Case No. 2014CA001776XXXXMB AG O'Hare v. Town of Gulf Stream, Case No. 2014CA002311XXXXMB AN O'Hare v. Town of Gulf Stream, Case No. 2014CA001833XXXXMB AJ b. In addition to the aforementioned federal court case in which Mr. O'Boyle moved for admission pro hac vice on behalf of his father, Martin O'Boyle, THE O'BOYLE LAW FIRM has appeared in the following cases on behalf of his father and entities controlled by him: O'Boyle v. Town of Gulf Stream, Case No. 2014CA000834XXXXMB AH O'Boyle v. Town of Gulf Stream, Case No. 2014CA001572XXXXMB AJ O'Boyle v. Town of Gulf Stream, Case No. 2014CA02607XXXXMB AJ (dismissed) O'Boyle v. Town of Gulf Stream, Case No. 2014CA02607XXXXM B AJ (McCarthy, J.) (dismissed) O'Boyle v. Town of Gulf Stream, Case No. 14 -80317 CIV (S.D. Fla., Middlebrooks, J.) O'Boyle v. Town of Gulf Stream, Case No. 2014CA002728 XXXXMB AO O'Boyle v. Town of Gulf Stream, Case No. 2014CA004474 XXXXMB AG O'Boyle v. Town of Gulf Stream, Case No. 2014CA005189XXXXMB AE 2 Pursuant to Philadelphia City Wage Tax Regulations, all Philadelphia residents owe the City wage tax regardless of where they work. In addition, non - residents who work in Philadelphia must also pay the wage tax. (See Exhibit "L" attached hereto). It is unknown whether Mr. O'Boyle pays such wage tax. It is further unknown whether THE O'BOYLE LAW FIRM files a federal income tax indicating any business activity in the State of Pennsylvania. 8 Citizens Awareness Foundation v. Town of Gulf Stream, Case No. 2014CA003396 AB (dismissed) STOPDIRTYGOVERNMENT, LLC v. Town of Gulf Stream, Case No. 2014CA003721 AH Citizens Awareness Foundation, Inc. v. Town of Gulf Stream and Brannon & Gillespie, LLC, Case NO.2014CA006112XXXXMB AG c. Most recently, THE O'BOYLE LAW FIRM, filed suit on behalf of both O'Hare and Martin O'Boyle. See O'Boyle and O'Hare v. Town of Gulf Stream, Case No. 2014CA005628XXXXMB AG. 26. Rule 4 -5.5 prohibits a lawyer that is not admitted to practice in Florida to establish an office or other regular presence in Florida for the practice of law except as authorized by other law. The authorized temporary practice of law in the State of Florida "does not authorize a lawyer to establish an office or other regular presence in Florida without being admitted to practice generally here." Comment to Rules Reg. Fla. Bar R. 4 -5.5 (emphasis added). 27. The Florida Bar has addressed the propriety of interstate law firms and stated as follows: ... it is not improper for a Florida Lawyer to be a member of an interstate law firm which maintains offices both in Florida and elsewhere. The partnership, however, must be a full, bona fide partnership in which the profits and losses of several offices are actually shared according to the terms of a partnership agreement. It is improper to engage in such an arrangement if its true effect is merely to create an association whereby legal matters are referred from one office to another and fees are shared only with reference to the particular matters so referred. Professional Ethics Opinion of the Florida Bar 74 -78 (Dec. 26, 1974) (quoting former Opinion 65 -15) (emphasis added) (attached as Exhibit "M "). See also The Florida Bar v. Savitt, 363 So. 2d 559 (Fla. 1978) (restraining and enjoining law firm from, among other things "(b) operating as an interstate law firm in the State of Florida unless it continues to remain a full, bona fide partnership that operates according to a partnership agreement which does not provide that profits and losses are shared among its members solely on the basis of the proportionate business E either generated or handled by its Florida office" and "(c) operating the Florida office without a partner or partners of the firm, each of whom is a member of The Florida Bar, assuming on a continuing basis responsibility for the supervision of the operations of the Florida office "). 28. By all accounts, Mr. O'Boyle and THE O'BOYLE LAW FIRM are not active in the State of Pennsylvania but, instead, have a regular presence in Florida for the purpose of engaging in the practice of law in the State. 29. Since it appears that there is no Pennsylvania law firm that generates profits and losses, it is questionable whether any bona fide partnership exists that could support an interstate law firm managed by Messrs. Witmer and O'Boyle. 30. This Court should ascertain if a bona fide partnership in which profits and losses of two bona fide offices are actually shared according to the terms of the partnership agreement. WHEREFORE, Defendant respectfully requests that this Court determine whether Plaintiff's counsel, THE O'BOYLE LAW FIRM, P.C., INC. f/k/a JONATHAN R. O'BOYLE, P.C., is engaged in the unauthorized practice of law in the State of Florida and, if so, to disqualify said firm from the representation of Plaintiffs herein. In the alternative, Defendant asks this Court to set an evidentiary hearing to investigate these issues. Respectfully submitted, SWEETAPPLE, BROEKER & VARKAS, PL Attorneys for Defendant Town of Gulf Stream 20 S.E. 3rd Street Boca Raton, Florida 33432 Telephone: (561) 392 -1230 Facsimile: (561) 394 -6102 E- Mail :pleadings @sweetapplelaw.com By: /s/ Robert A. Sweetapple Robert A. Sweetapple Florida Bar No. 0296988 10 JONES, FOSTER, JOHNSTON & STUBBS, P.A. Attorneys for Defendant Town of Gulf Stream 505 South Flagler Drive, Suite 1100 Post Office. Box 3475 West Palm Beach, FL 33402 -3475 Telephone: (561) 659 -3000 Facsimile: (561) 650 -5300 By: /s/ Joanne M. O'Connor John C. Randolph Florida Bar No. 129000 jrandolphgj onesfoster.com Joanne M. O'Connor Florida Bar No. 0498807 j oconnorgj onesfo ster. com Ashlee A. Richman Florida Bar No. 91609 arichmangj onesfoster.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via the E- Filing Portal this 30th day of May, 2014, to: NICK TAYLOR, Esquire, the O'Boyle Law Firm, P.C. 1286 West Newport Center Drive, Deerfield Beach, Florida 33442 (ntaylor( ?oboylelawfirm.com and obo lecourtdocs o' laa ` it com By: /si Joan" ne onnor oa e M. O'Connor p:\docs\13147\00060\pld\ljh7878.doex 11 isusuicss zntziy Page I of I ue<y �h By 3u' -iness ; irune Sp Bc sir : ss Entity iQ Verify Verify Certification Ontina Ord. =s Regi- #erfor Online Orders Older Good Standing Order Certifies E~acu;ncnts Order Business Last My Images Search for images Corporations Online Services I Corporations I forms I Contact Corporations I Business Services Business Entity Filing History Date: 412512014 (Select the link above to view the Business Entity's filing History) Business Name History Name Name Type The O'Boyle Law Firm, P.C. Current Name JONATHAN R. O'BOYLE P.C. Prior Name Professional Corporation - Domestic - Information Entity Number: 4227691 Status: Active Entity Creation Date: 11/14/2013 State of Business.: PA Registered Office Address: 1001 Broad Street Johnstown PA 15906 Cambria Mailing Address: No Address copyright 0.2002 Pennsylvania Department of State. All Rights Reserved. Pnvacy Paacy I Secuf,v Pahcy hltnc• / /vj%,w Tnrnnrn6nna ctatp tia t,rlrnrn /cncirll /f`.,,., o - 9111A004:1 e 11%r /,%AI Detail by Entity Name Foreign Profit Corporation THE O'BOYLE LAW FIRM, P.C., INC. Filing Information Document Number F14000000600 FEIMN Number NONE Date Filed 02/10/2014 State PA Status ACTIVE Principal Address 1286 W. NEWPORT CENTER DRIVE DEERFIELD BEACH, FL 33442 Changed; 02114/2014 Mailing Address 2146 E. HUNTINGDON STREET PHILADELPHIA, PA 19125 Registered Agent Name & Address WITMER, RYAN L 1286 W. NEWPORT CENTER DRIVE DEERFIELD BEACH, FL 33442 Address Changed* 02114/2014 officer/Director Detail Name & Address Title DP O'BOYLE, JONATHAN R 2146 E. HUNTINGDON STREET PHILADELPHIA, PA 19125 Annual Reports No Annual Reports Filed Document Imo _tLes Page I of 2 http://Search.s-unbiz.org/fnqiiirylCorpor,itionSearch/ SearchRcsiiltT)eiaillf'ntitvN,inif-/`Ft)rn-f A MA /') n 1A YA tinorney imormation I -Fermsylvania Disciplinary Board Page I of I F M fteD# ci IM-MyBoard I IS P of the Supreme Court of Pennsylvania PA Attorney Information Jonathan Reilly O'Boyle PA Attorney ID., 314500 Current Status: Active Date of Admission: 11/13/2012 Lawfirm: Other Organization'. District: 0 County: /Aut pf State Public Access 23 N HIDDEN HARBOUR DR Address: GULFSTREAM, FL 33483 '19 Tel: -/ 1758-1223 Fax, Professional Liability I do not maintain Professional Liability Insurance pursuant to the provisions of Rule of Insurance: Professional Conduct 1.4(C), but I do have private clients and/or a possible exposure to malpractice actions. Comment: ZMM 02007-2014 The Disciplinary Board of the Supreme Court of Pennsylvania. I Disclaimer For questions or comments regarding the website, please contact us at web.support(q)pacourts,ue, --A: --I --:—,L---,j —11, —r-- —44-- '-41`1— T A CAA .4 iA A"Af A PA Attorney Information I Pennsylvania Disciplinary Board PA Attorney Information Jonathan Reilly O'Boyle Page 2 of 2 PA Attorney ID: 314500 Current Status: Active Date of Admission. 11/13/2012 Lawrfirm: Other Organization: District: O County: Cambria Public Access Address: 1001 BROAD ST JOHNSTOWN, PA 15906 Tel: 561 758 -1223 Faye: - Professional Liability Insurance: I maintain, either individually or through my firm, Professional Liability Insurance pursuant to the provisions of Rule of Professional Conduct 1.4(C). Comment: Discipline: ©2007 -2014 The Disciplinary Board of the Supreme Court of Pennsylvania. I Disclaimer For questions or comments regarding the website, please contact us at web.supporMpacourtsms. wEXt#tBiT ...... . . . .. . ....... rr http: //v ww. padisciplinaryboard ,org/loolc- up /pa- attorney - info.php ?id = 314500 &pdcount =0 5/29/2014 i { 2 f. t ,r t , F W TFX CIRG .l�.I'�]C,('O�jVbR i OF .t�.^1}1�.17:-}��irs"3 J�'i L+1L�.1.+ rr, i1.V AND FOR PL"i.F./LYl BEACH, COUNTY, i N , FLORIDA 1 +\.7.iliFJA C STOPWMF.O'ffARE Plaintiff VS. TaVM OF OULF SMAM, WaJj .M fit' TERAMM Defendant Case No. 2014CA000720 )Division Al VEMMED MOTION FOR AMRSSION TO .APPEAR PRO RA C ME PURSUANT TO FLORW A RDLE i>E SUDICIAL ADiY MTRA'I TON 2,510 Comes now TQNA.TI -AAI' R. IYBO'YLE Movant herein, and respectMy represents the followiug: 1. Movant Tonathan, R. O'Boyle is domiciled and permanently resides iu LON xC'POPTy NEW MR.SEY: Movant is not a per anent resident of the date of Florida, Movant Jonathan R O'Boyle is a temporary resident of the State ofFlorida axzd has an application pending for admission to The Florida Bar-and has not previously been dwied admission twThe Florida. Bar. 2. Mova at is an a.ttomey and a member of the Idw firm of (or practices Taw under the name of) The O'Bo le Law Ffim P.C. ffia_xmedy kgzojvn as Jonathan R, 0. )13ovic P.C. with offices at 2146 B.14witing-tlon St., PhiladelWa, Philadelphia Fe4WIyania 1X125 5611-758 -1223 (County) (State) (Zip Code) (Telephone) 3. Movant has been retained personally or as amember of the above named law firm on J annary 10 2(214 by Christopher {'Hare via his FL g me Lou Roeder (bate Representation. Commenced) (Name of Party or Paxtio,4 to provide legal representation in donneetion with the above-styled matter now pending before the above-named court of the State of Florida. 4, Movant is an active member in ,good standing and currently eligible to pzattiice law in i ft r f the &JIowing juliisdiction(s). Include attorney or bar.number(s). (Attach axe. additional sheet if necessazy:) . AWSDICTION ATTORNEYM3 a NUMER 5, There, are no disaiplinaryproceedsngs pending against Movant, except as provided below (give jurisdictiou of disciplinary action, date of disciplinary acdon, nWre ofthe violation and the sanction, if any, imposed): (A.ttach.an additional sheet ifnecessaxy.) 6. �Vifliiu the past five (5) years, Movanni has not been subject to any disciplinary proceedings, except as provided below (give jurisdiction ofdisciplinmy action, date of disciplinary action, Aature ofthe violation and.lbe sanction, if any, imposed)- (Attach a a additional sheet if necessary.) INA 7. Movant has never been. subject to any suspension proceedings, except as provided below (give jzrisdic ion of disciplinary action, dame of discipluaaxy action, nature of the violation and the sanction ifany, imposed); (Attach an additional sheet if wessary.) 2 r 1 F i d• i i L• i 8. Movant has never been subject to any disbarment Proceedings, except as provided. below (give jurisdiction, of disciplinary action, date of disciplinary action, amre of the violation anal the sanction, if Any, imposed): (Attaclx an additional sheet if necessary) �j / k- 9. Movaut, either byresigaation, withdxawal, or otherMse, neverhas terminated or attempted to terminate Movant's office as an attomeyin order to avoid administrative, disciplinary, disbarment, or suspension proceedings. 10. Movant is not an inactive mer nber of The Florida Bar. 11. Movatrt is not now a iaa.emher of The Florida Bar. 12. Movant is not a suspended member of The Florida Bar. 13. Movant is not a disbarred member of The Florida Barnor has Movant received a disciplinaxyxesigaadon from The Florida Ban M Movant has not previously been disdplined or held in, contempt by reason of unsconduot committed white engaged m representatLon pursuant to Florida Rule of Judicial Administration 2.510, except as provided below (give date of disciplinary action or contempt, reasons there for, and court imposing contempt): (Attach an additional sheet if ecessary ) 3 i }rF t t A A. i 15. Movant has filed motion(s) to appear as counsel in Florida state courts during the past five (5) years iu the following; matters: (Attach an atlditiorW sheet if necessary) T3ate of Motion Case Name CaseNuzzber Court Date Motion. Graated[Dented 16. peal counsel of record associated. with Movant in dais ivatter is —11 who is an active member in good standing, of'Ihe Florida (Name and Florida Bar Number) Bar and bas offices at (street Address) (City) (state) (dip Code) (Telephone)vith erca code) (If local counsel is not m active member of The Florida Bar in goad standi -agr please provide inform; Lion as to local. cotmsel's mexxtbersbip status. 17. Movant has read the applicable provisions of Florida Rule of Judicial Adminishation 2.510 and Rule 1-3. 1 Q of the Rules Regulafmg ` ht Florida Bar and Gerd es that this verified motion complies with those rules. 18. Movant agrees to comply with the provisions of the Florida Rules of Professional Conduct and consents to the, jurisdiction of the courts and the Bar of the State ofFloxida. WBEREFORE, Movant respectfully requests pemiission to appear in this court for this cause 0* DATED this day of L4') V&A r t4_ - , 2.0 Movant A Assessment Tax LOOP Account Information OWNER(S) O'BOYLE KELLY L MAILING ADDRESS 2146 E HUNTINGDON ST Philadelphia PA 191251427 PROPERTY UNIT None PROPERTY ZIP 191251427 SALE DATE 8/16/2009 SALE PRICE $193,500 HOMESTEAD $30,000 Property Characteristics LAND AREA 1,260 SgFt IMPROVEMENT AREA 1,548 SgFt IMPROVEMENT DESCRIPTION y httn- / /nrnnerfv.nhila csnv/ G1140 it nUIN I IIN UUN N 1 ROW 2 STY MASONRY BEGINNING POINT 200'E OF COLLINS ST EXTERIOR CONDITION New / Rehabbed ZONING RSA5 Residential /Residential Mixed -Use Certified Valuation History Page 2 of 2 Note: The Department of Revenue is responsible for collecting real estate taxes. Please visit the Department of Revenue Website (http: / /www,phila.gov /tevenue) for information regarding the billing, collecting and accounting of real estate taxes or call 215- 686 -6442. New Search View Tax Balances (hftp:tlwww.phila.gov/revenue/RealEstateTax/Default.aspx? txtBRTNo= 314138000) Submit an Inquiry ( http: / /opa.phila.gov /opa .apps /Help /CitizenMain.aspx? sch =Ctrl2 &s =1 &url= search &id= 4406002146) hffn- 7i1rlinl'`:rt T°k[ iln cyn -id A Xft-9 Aft ^l ASSESSED ASSESSED ASSESSED. ASSESSED MARKET LAND IMPROVEMENT LAND IMPROVEMENT TOTAL YEAR VALUE (TAXABLE) (TAXABLE) (EXEMPT) (EXEMPT) ASSESSMENT 2015 $138,400 $18,648 $119,752 $0 $0 $138,400 2014 $138,400 $18,648 $119,752 $0 $0 $138,400 2013 $27,800 $2,155 $6,737 $0 $0 $8,896 2012 $27,800 $2,155 $6,737 $0 $0 $8,896 2011 $27,800 $2,159 $6,737 $0 $0 $8,896 2010 $27,800 $2,159 $6,737 $0 $0 $8,896 2009 $27,800 $2,155 $6,737 $0 $0 $8,896 Note: The Department of Revenue is responsible for collecting real estate taxes. Please visit the Department of Revenue Website (http: / /www,phila.gov /tevenue) for information regarding the billing, collecting and accounting of real estate taxes or call 215- 686 -6442. New Search View Tax Balances (hftp:tlwww.phila.gov/revenue/RealEstateTax/Default.aspx? txtBRTNo= 314138000) Submit an Inquiry ( http: / /opa.phila.gov /opa .apps /Help /CitizenMain.aspx? sch =Ctrl2 &s =1 &url= search &id= 4406002146) hffn- 7i1rlinl'`:rt T°k[ iln cyn -id A Xft-9 Aft ^l IN'THE FIFTEENTH JUDICIAL CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 2014- CA- 00353SAB ;. CERTIFItb COPY JASON WEEKS, petitioner, TOWN OF PALM BEACH, Respondent, CONDENSED TRANSCRIPT OF TESTIMONY AND PROCEEDINGS HAD BEFORE THE HONORABLE THOMAS BAR.KDULL DATE: APRIL 10, 2014 TIME: 9:00 - 10:30 A.M. PLEASANTON, GREENHILL, MEEK 6c MARSAA 561/833.7811 1 2 4 1 INDEX 1 PROCEEDINGS 2 TESTIMONY AND PROCEEDINGS 2 THE COURT: Jason Weeks vs. Town of Palm 3 APRIL 10, 2014 3 Beach, Who is here on behalf of the plaintiff? 4 5 WITNESSES FOR DEFENDANT 4 MR. MESA: Good morning, Your Honor. 6 DIRECT CROSS REDIRECT 5 Giovani Mesa on behalf of plaintiff, Jason 7 DANIELLE OLSON 6 Weeks. 8 By Ms, Cooper 13 29 7 THE COURT: And who do you have with you? By Mr. Mesa 25 9 8 Mr. Weeks? 10 SPENCER WILSON 9 MR, O'BOYLE: No, sir. My name is Jon 11 By Ms, Cooper 30 10 O'Boyle. I'm acting as Mr: Mesa's law clerk, By Mr, Mesa 31 11 I'm a Pennsylvania lawyer. 12 13 KATHRYN DYSON 12 THE COURT: Let me ask you a question, Mr. 14 By Ms. Cooper 33 13 O'Boyle. Any relation to the O'Boyle in the By Mr. Mesa 34 14 O'Boyle Law Firm, P.C.? 15 15 MR. O'BOYLE: Yes, Your Honor. 16 EXHIBITS 16 THE COURT: What's the relation? 17 IN EVIDENCE 18 17 MR. O'BOYLE! That is my name on the taw 19 Respondent's Exhibit No. 1 37 18 firm. It's an Interstate taw firm. Letter 19 THE COURT: How do you — it's an 20 20 interstate law firm with a Florida address? 21 Respondent's Exhibit No. 2 37 21 MR. O'BOYLE: There's a Florida address E -mails 22 22 and a Pennsylvania address. 23 Petitioner's Exhibit No.1 38 23 THE COURT: And you're clown here &mats 24 practicing with a firm without being a member 24 25 of the Florida Bar? 25 3 5 1 APPEARING ON BEHALF OF PETITIONER: 1 MR. O'BOYLE: No, sir. 2 Giovanii Mesa, Esq. 2 THE COURT: Are you a member of the THE O'BOYLE LAW FIRM, P.C. 3 Florida Bar? 3 1286 West Newport Center Drive 4 MR. O'BOYLE: No, sir. Deerfield Beach, Florida 33432 4 5 THE COURT: Why do you think you have any 5 APPEARING ON BEHALF OF RESPONDENT: 6 right to stand at that-table? 6 Margaret L. Cooper, Esq. 7 MR, O'BOYLe I don't have any right other JONES, FOSTER, JOHNSTON & STUBBS, P.A. 8 than to assist Mr. Mesa. 7 505 South Flagler Drive 9 THE COURT: Good. You step back because Suite 1100 10 we're about to discuss the illegal practice of 8 West Palm Beach, Florida 33401 11 law without being a member of the Florida Bar, 10 ALSO PRESENT: Jonathan O'Boyle, Esq, 12 MR. O'BOYLE: Yes, Your Honor. 11 _ _ 13 THE COURT: Mr, Mesa, are you a member of 12 BE IT REMEMBERED that the following testimony 14 the Florida .Bar? 13 and proceedings were had In the above - entitled cause 15 MR. MESA: Yes, I am, Your Honor. 14 before the Honorable Thomas Barkdull, in the Palm 16 THE COURT: How long have you been'a 15 Beach County Courthouse, City of West Palm Beach, 17 member of the Florida Bar? 16 State of Florida, on Thursday, the 10th day of 17 April, 2014, to wit 18 MR. MESA: Since November of 2010. 18 --- 19 THE COURT: Are you a partner In the, 19 20 quote, O'Boyle Law Finn? 20 21 MR. MESA: I am not, Your Honor. 21 22 THE COURT: How many attorneys are there 22 23 in the O'Boyle Law Firm? 23 24 MR, MESA: Four —five at the moment, 24 25 25 Your Honor. PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 PLEASANTON, GR.EENHILL, MEEK & MARSAA 561/1133.7811 6 8 I THE COURT: Haw many are located in the 1 she admitted receiving an a -mail from Kathryn. 2 State of Florida? 2 THE COURT: Okay. So there's one e-mail 3 MR. MESA: Four, Your Honor. 3 at Issue. 4 THE COURT: Okay. Who are the partners in 4 MR. MESA: That we're aware of, Your 5 the Florida firm? 5 Honor. 6 MR. MESA: Brian Witmer and Jan O'Bcyle, 6 THE COURT: And what date is the date of 7 THE COURT: This gentleman is a partner in 7 that alleged e-mail? 8 the Florida firm? 8 MR. MESA; It's May5th. 9 MR. MESA: Ifs a multi -state firm, Your 9 THE COURT: Of what year? 10 Honor. To be quite frank with you, I'm not 10 MR. MESA: 2011, Your Honor, 11 sure how it's incorporated but I know that 11 THE COURT: May 5th, 2011. 12 Brian Witmer is a partner in the firma and he is 12 Ms. Cooper, what is your ciienfs position 13 a Florida attorney, 13 on this? 14 THE COURT: Who's here for the defense? 14 MS. COOPER: Your Honor, there is no 15 MS. COOPER: I am, Your Honor, Margaret 15 e-mail, Let me explain. And they were advised 16 Cooper. 16 that there is no e-mail. Mr, Weeks is confused 17 THE COURT: Welcome, Ms. Cooper. 17 and I will explain what. happened. Mr. Weeks 18 MS. COOPER: Thank you. 18 filed a complaint with the HR department on 19 THE COURT: All right. Mr. Mesa, you-- 19 May 5. Mrs. Olson is the HR director. 20 who is Ashlee A. Richman? 20 THE COURT: is Mr. Weeks an employee? 21 MS. COOPER: Ashlee Richman is a lawyer in 21 MS. COOPER: He was at the time. He's. 22 the law firm of Jones, Foster, Johnston & 22 been terminated now and we're in other 23 Stubbs. 23 litigation with Mr. Weeks. 24 THE COURT: I apologise, 1 grabbed the 24 THE COURT: Okay. 25 wrong pleading. Let mete what was filed by 25 MS. COOPER: Mrs. Olson who is the HR 7 9 1 the plaintiff here who called my office 1 director was at an impasse hearing across the 2 yesterday jumping up and down saying this is an 2 street in another building. Ms. Dyson 3 emergency. 3 contacted her to advise her that a complaint 4 Mr, Mesa filed this. Okay. Mr, Mesa, 4 had been initiated by Mr. Weeks. Later on when 5 what do you believe your client needs that your 5 Mrs. Olson was being Interviewed, it was about 6 client is not receiving other than one letter 6 maybe six, eight months later, whatever it was, 7 or one e -mail? 7 she knew that there. had been an e-mail 8 MR. MESA: it's the initial a -mail that 8 communication between she and Mrs, Dyson and 9 was made between Kathryn and Danielle who are 9 she made a mistake and she misspoke and she 10 both human resources personnel with the Town of 10 said i initially gat the information by e -mail 11 Palm Beach. Your Honor, specifically it was a 11 from Mrs. Dyson. That was a mistake. It was 12 request that was made by Mr. Weeks for any and 12 either an instant — 13 all e- mails, iMessages, communications and any 13 THE COURT: Okay. So it's the town's 14 documents between Danielle Olson and Kathryn 14 position that, one, it doesn't exist? 15 Dyson, and as stated, both of whom are human 15 MS, COOPER: it doesn't exist, And I 16 resource personnel with the Town of Palm Beach 16 apologize, i thought you just wanted to hear 17 on May 5th, 2011. 17 from the lawyers today. Mrs. Olson is an her 18 Your Honor, Mr. Weeks received a portion 18. way to testify, she'll be here in five minutes. 19 of an e-mail communication, an e-mail chain, 19 it just simply does not exist and we can't 20 that is. However, it Is missing the initial 20 produce what's not. 21 e-mail from Kathryn to Danielle, It is 21 THE COURT: Okay, It doesn't exist so 22 apparent just an a clear view of the documents 22 have you advised Mr. Mesa of this? 23 that were provided that the Initial e-mail is 23 MS., CCOPER: We just gat this lawsuit 24 missing. In addition, Your Honor, there is a 24 filed. Mr. Weeks was advised but 1 was at the 25 recorded interview with Danielle Olson which 25 2nd DCA arguing a case yesterday and this was PLEASANTON, GR.EENHILL, MEEK & MARSAA 561/1133.7811 PLEA.SANTON, GREENk ILL, MEEK & NARSAA 561/833,7811 1n 12 I all happening very fast, I was getting ready 1 you go to law school? 2 to •- 2 MR, O'BOYLE: Drexel Law University in 3 THE COURT: That's why I wanted to do it 3 Philadelphia, Pennsylvania. 4 very quickly because it seems to be a really 4 THE COURT: Are you from Florida 5 simple issue, One e-mail, if it exists and 6 originally? 6 It's not privileged, It needs to be turned 6 MR. O'BOYLE: Yes, Your Honor. 7 over, if it doesn't exist, it doesn't exist, 7 THE COURT: Whereabouts? 8 and I'll take testimony today and well 8 MR: O'BOYLE: Gulfstream, Florida. 9 determine whether it exists or it doesn't and 9 THE COURT: Okay. Congratulations on 10 this case will be over. 10 passing the Florida Bar.. Good luck on getting 11 Mr, O'Boyle, have you moved to be admitted 11 admitted. 12 pro hac vice in Florida at all? 12 All right. As soon as ourwitnesses 13 MR. O'BOYLE: Yes, Your Honor, 13 appear, I'll heartestimony. Just advise my 14 THE COURT. How many times? 14 deputy and we'll deal with It. Very good. 15 MR. O'BOYLE: Once, Your Honor. 1s (Thereupon, a recess was had) THE COURT: My suggestion is if you think 16 THE COURT; Good morning and welcome, 17 you're going to keep a law firm in Florida and 17 everyone. Welcome back. Okay. We are here on 18 walk up to counsel table like you're counsel in 18 the case of Weeks vs. Town of Palm Beach on a 19 Florida that you take the Florida Bar. 19 request for an emergency. hearing on the issue 20 MR, O`BOYLE: Yes, Your Honor. 20 of whether public.records are available and 24 THE COURT., How long has your firm been 21 whether they should be produced. I heard the 22 operating down here? 22 initial arguments of counsel. The town's 23 MR. O'BOYLE: Since January, mid January; 23 position, as I understand it, Ms. Cooper, is 24 Your Honor. 24 that they requested an e-mail that does not 25 THE COURT: Have you signed up for the 25 exist, is that correct? 11 13 1 Florida Bar yet? 1 MS, COOPER: That is correct, Your Honor, 2 MR. O'BOYLE: Yes, Your Honor, and 1 2 THE COURT: Okay. You may call your first 3 passed it actually, 3 witness. 4 THE COURT. Congratulations. When are you 4 MS: COOPER: I'll call Danielle Olson. 5 being sworn in? 5 THE COURT., Ma'am, if you'll please take 6 MR. O'BOYLE: That is to be determined, 6 the witness stand. Please watch your step. 7 Your Honor. 7 THEREUPON, B THE COURT: Having trouble with your 8 DANIELLE OLSON, 9 background check or why aren't you being sworn 9 called as a witness by the Defendant, having been 10 in If you passed the Florida Bar? 10 first duly sworn by the Court, in answer to 11 MR. O'BOYLE: Yes, Your Honor. I passed 11 questions propounded, was examined and testified as 12 the New Jersey Bar as well and --- 12 follows: 13 THE COURT, Well, were not in New Jersey, 13 THE COURT: Counsel, you may inquire. 14 MR. O'BOYLE: Your Honor, correct, but 14 MS: COOPER: Thank you, Your Honor. 15 Florida is waiting tar NewJersey, their 15 DIRECT EXAMINATION 16 process to be completed until they will further 16 BY MS. COOPER: 17 process my file. 17 Q Would you state your name, please? 18 THE COURT: Have you been admitted in any 18 A Danielle Olson, 19 state? 19 Q Mrs. Olson, what is your position with the 20 MR. O'BOYLE: Yes, Your Honor, 20 Town of Palm Beach? 21 Pennsylvania. 21 A Director of human resources, 22 THE COURT: When were you admitted in 22 Q And have you been involved in the search 23 Pennsylvania? 23 in response to Mr, Weeks' public document request 24 MR, O'BOYLE: November 2012, Your Honor. 24 seeking a -mails between you and Mrs. Dyson -- 25 THE COURT: November of 2012. Where did 25 A Yes. PLEA.SANTON, GREENk ILL, MEEK & NARSAA 561/833,7811 ��t o w 1 ��\ S 4 A d d r e s s A d d r e s s x t y , S t a t e , C o d e T e l e p h o n e X m n b e r S T A T E O F C O U N T Y O F . A f - b - s t : C . r . I , 0 6 , 0 1 e d o h e r e b y m e a r o r a f f i r m u n d e r p e n a l t y o f p e r j u r y t h a t I a m t h e M o v a n t z a t h e a b o v e - s t y l e d m a t t e r , t h a t I h a v e r e a d t h e f o r e g o i n g M o t i o n a n d k n o w t h e c o n t e a t s t h e r e o f , a m d t h e c o n t o r t s a r e t r u e o f m y o w n k n o w l e d g e a n d b e l i e f M V v a n t I h e r e b y c o n s e n t t o b e a s s o c i a t e d a s l o c a l A u n s e l o f r e c o r d u z t h i s c a u s e p u r s u a n t t o F l o r i d a R u l e o f T u d i c i a l 1 d m W s t m e l o n 2 . 5 1 0 . D A T E D t h i s 2 - ' 3 ����4 d a y o f L o c a l C o u n s e l o f R e c o r d A d d r e s s A d d r e s s 5 ) -DMM Document 25 Entered on FLSD Docket 06/1712013 OYLE Plaintiff, . UNITED STATES DISTRICT COURT L�VjneXN�M�S N 17 2013 STjE SOUTHERN DISTRICT OF FLORIDA A15ImORE Case No. 13-80530- CIV-MIDDLEBROOK.S of "w.' a TOWN OF GULF STREAM Defendant. MOTION TO APPEAR PRO HAC VICE CONSENT TO DESIGNATION AND REQUEST TO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILINGS In accordance with Local Rules 4(h) of the Special Rules Governing the Admission and Practice of Attorneys of the United States District Court for the Southern District of Florida, the undersigned respectfully moves for the admission pro hac vice of Jonathan R. O'Boyle of 21466 E. Huntingdon St., Philadelphia, PA 19125, 561 - 758 -1223, for purposes of appearance as co- counsel, on behalf of Martin. E. O'Boyle in the abgve- styled case only, and pursuant to Rule 2B of the CM/ECF Administrative Procedures, and to permit Jonathani R. O'Boyle to receive electronic filings in this case, and in support hereof states as follows; L Jonathan. R. O'Boyle is not admitted to practice in the Southern District of Florida and is a member in good standing of the Pennsylvania Supreme Court CPA Bat #3 1450}). 2. Movant, Robert S. Gershman, Esquire, of the law firm of GERSHMAN & GERSHMAN, P.A., 2160 W. Atlantic Avenue, 2d Floor, 561 -684 -8898, is a member in good standing of the The Florida Bar and the United States District Court for the Southern District of Florida, maintains an office in this State for the practice of law, and is authorized to file through T the Court's electronic filing system. t'° D.G. Case 9:23 -cv- 80530 -DMM Document 25 Entered on FLSD Docket 06117/2013 Page 2 of 5 Movant consents to be designated as a member of the Bar of this Court with whom the Court and opposing counsel may readily communicate regarding the conduct ofthe case; upon whom filings shall be served, who shall be required to electronically file all documents and things that may be filed electronically, and who shall be responsible for filing documents in compliance with the CM/ECF Administrative Procedures, See Section 2B of the CM/ECF Administrative Procedures. 3. In accordance with the local rules of this Court, Jonathan R. O'Boyle has made payment of this Court's $75 admission fee. A certification in accordance with Rule 4(b) is attached hereto. .4. Jonathan R. O'Boyle, by and through designated counsel andpursuant to Section 2B CM/ECF Administrative Procedures, hereby requests the Court to provide Notice of Electronic Filings to Jonathan R. O'Boyle at email address; Jonathanroboyle @gmail.com. WHEREFORE, Robert S. Gershman, moves this Court to enter an Order Jonathan R.. O'Boyle, to appear before this Court on behalf of Martin. E. O'Boyle, for all purposes, relating to the proceedings in the above - styled matter and directing the Clerk to provide notice of electronic filings to Jonathan R. O'Boyle. Date: June 17, 2023 Respectfully submitted, R e'Z ershFHan F No. 917397 Robert@rglawfnn.us GERSHMAN & GERSHMAN, PA 2164 W. Atlantic Avenue, 2d Floor Delray Beach, FL 33445 (561) 684 -8898 (telephone) (561) 998 -5868 (facsimile) Attorney for Martin E. O'Boyle Case 9.13 -cv- 80530 -DMM Document 25 Entered on FLED Docket 06/17/2013 Page 3 of 5 UNITED STATES DISTRICT COURT SOUTHERN .DISTRICT OF FLORIDA Cas�a No. 13-80530-Civ-MIDDLF.BROOKS MARTIN E. O'BO 3 LE Plaintiff, vs. TOWN OF GULF STREAM Defendant, CERTIFICATION OF JONATHAN R. O'BOYLE Jonathan R. O'Boyle, Esquire, pursuant to Rule 4(b) of the Special Rules Governing the Admission and Practice of Attorneys, hereby certifies that (1) X have studied the Local Rules of the United States District Court for the Southern District of Florida, and (2) x am a member in good standing of the Pemsylvania Supreme Court, ponathan O'Boy le r#314500 Case 9:13 -cv- 80530 -DMM Document 25 Entered on FLSD Docket 06/17/2013 Page 4 of 5 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Motion to Appear Pro Hoc Tlice, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings was served by uploading same to the CM/ECF. SERVICE LIST Joanne M. O'Connor joconnor@jonesfoster.com JONES FOSTER JOHNSTON & STUBBS,_ P.A 505 South Flagler Drive Suite 1 100 Nest Palm Beaoh, FL 33401 561 -659 -3000 (telephone) 561-- 650 -5300 (facsimile) Attorneys for Defendant Town of Gulf Stream Case 9.13 -cv- 80580 -DMM Document 25 Entered on FLSD Docket 06/17!2013 Page 5 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No, I3- 80530- CN- MIDDLE13ROOKS MARTIN E. O'BOYLE Plaintiff, VS. TOWN OF GULF STREAM Defendant. ORDER GRANTING MOTION TO A PEAR PRO HAC VICE,, CONSENT TO DESIGNATION AND REQUEST TO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING THIS CAUSE having come before the Court on the Motion to Appear Pro Hae Vice for Jonathan R. O'Boyle, Consent toDesigz- ation, and Request toElecfronically Receive Notices of Electronic Filing (the "Motion" ), pursuant to the Special Rules Governing the Admission and. Practice of Attorneys in the United States District Court for the South District of Florida and Section 2B of the CMLECF Administrative Procedures. This Court having considered the motion and all other relevant factors, it is hereby of Florida. ORDERED OR ADJUDGED that: The Motion is GRANTED. Jonathan R. O'Boyle, may appear and participate in this action on behalf of Martin. E. O'Boyle, The Clerk shall provide electronic notification of all electronic filings to Jonathan R. O'Boyle at Jonathanroboyle @gmail.com. DONE AND ORDERD in Chambers, West Palm Beach., Palm Beach County, Southern District of Florida, on June , 2013. DONALD MIDDLEBROOKS United States District Judge Copies furnished to: All Counsel of Record Case 9:13 -cv- 80530 -DMM Document 27 Entered on FLSD Docket 06/19/2013 Page 1 of 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 13- 80530- CIV- MIDDLEBROOKS MARTIN E. O'BOYLE, Plaintiff, VS. TOWN OF GULF STREAM, Defendant. ORDER GRANTING MOTION TO APPEAR PRO HAC VICE, CONSENT TO DESIGNATION, AND REQUEST TO ELECTRONICALLY RECEIVE NOTICE OF ELECTRONIC FILINGS THIS CAUSE comes before the Court upon a Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notice of Electronic Filings (DE 25) ( "Motion "), filed June 17, 2013, The Court has reviewed the record and is fully advised in the premises. Pursuant to Local Rule 4(b) of the Special Rules Governing the Admission and Practice of Attorneys in the United States District Court for the Southern District of Florida, the Motion requests permission for the limited appearance of Jonathan R. O'Boyle, of 2146 E. Huntington St., Philadelphia, PA 19125, as co- counsel on behalf of Plaintiff in this matter. The Motion has been properly filed with the required documentation, and the attorney appears to be in good standing. Accordingly, it is hereby ORDERED AND ADJUDGED that the Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notice of Electronic Filings (DE 25) is GRANTED. Jonathan R. O'Boyle may appear and participate as co- counsel in this action on behalf of Plaintiff. The Clerk shall provide electronic notification of all electronic filings to Jonathan R. O'Boyle at jonathanroboyle@gmail.com. DONE AND ORDERED in Chambers at West Palm BeachFlorida, this day of June, 2013. Copies to: Counsel of Record IALD M. MIDDLEBROOKS UNITED STATES DISTRICT JUDGE 1 s F U?4ITM5 STATES DISTRICT COURT FOR,'M SOME RN DISTRICT of T+I.,ORIi3A WEST PAl. q 33EACM DIVISION CASE NQ. 9:13 -cv, 81,453 -X{LR MW O'MAPX Plaintiff, vs. TOWN OF GC1LF STREAM et. al. Defenaauts. f3 T T. F T Tt 1 �,S>tt i-TATi i TT .. TC? in accordau" with Local Rules 4(b) of tho Special Rules Governing the Admission and Practice o.f'Attomeys of the'United States District Court for the Southern District of Florida, the undersigned respectfully moves for the admission pro hac vice of lonathan R. O'Boyle of'2146 E. Tduatingdon St,, Philhdelphia PA 19125,561-758-1223, for purposes of appearance as co- oounsel an behalf of Chris Q'l -lare in the above - styled case only, and pursoat to Rute 2B of the C;'MIEC1~ Administrative Procedures, to permit Jonathan R. O'Boyle to recefve.eleetronie filings in this.oase, and in support thereof states as follows, 1. .Ionaihan R. O'Boyle is not admitted to practice in the Southern District ofFlorlda and is a merfrber in good standing of the Pennsylvania Supreme Court (PA Bar# 3145130).. 2. The undersigned is a rneniber hi good standing of the The Florida Bar and the United States Disu ict Court for the Southern DisHet of Morida, maintains an office in this State for the practice of law, and is authorized to file through the Court's electronic filing system. Movant consents to be designated as a member of the liar of this Court with. whorn the Court and Opposing counsel may readily communicate regarding the conduct of the case, upon wlioirt filings shah be served, who shall be required to electronically file all documents and things that may be filed electronically, dnd who sliall be responsible fbt filing. documents in compliance with the CWECF Administrative procedures. Sue Section 2B of the CM /GC% Administrative Procedure. EI( SAN a 2014 1.� 4 In accordance Evith the local rules of this Court, Jonathan R. O'Boyle has made payment oftlris Court's $75 admission.fae, A certification, in accordance whiz Rule 4 (b) is being filed contemporaneously -vvitli this Motion, A. copy is attached hereto, 4- Jonathan IL O'Boyle, by and through designated counsel and pursuant to Section 2B CMJBC}{ Administrative Procedures, hereby requests the Court to provide Notice of Bleotronic piling to Jonathan R. O'Boyle at email addr.csg:.jonathamboylr,@gmail.com. WffEREFORF, Marl, J. Hanna moves this Court to enter an Order permitting Jonathan R O'Boyle to appear before this Court on behalf of Claris VRare for all purposes relating; to the pv6rceed'ings in the above- styled matter and directing the Clerk to provide notice of electrobia dings to Tonatiran R O'Boyle. I ITEREBY CERTIFY that on January 10, 2014, f fled the foregoing document with the Clerk of Court via conventional method due to the nature of the motion. I f4ther certify that mailed the foregoing document via pidpaid first class U.S. mail to the following: 14chael R. Piper Christopher J. Stearns JOHNSON, AN8E LM9, MURDOC14 BURKt, PIPED. & HOCTMAN, P.A. 2455 Bast SuniUe Boulevard, Suite 1040 Fort.Laudordalc, Florida 33304 xolophone.: (954) 4630100 pipei@jambg.com stetuns jambg.com Dated: January 7, 2014 GMEA MADISON P.A. 4.0I South .0 -. Rt5ad 43272 Palm Beadh; F%.3_' SO -9.991 Tel: 561 -2A 9g91, ,.. Flort6a Bar7Np- 0045251 561 -723 -8284 (cell & text) mhanna@g3rWo,.w.com UNITE, D STATES DISTRICT COURT FOR TB1 SOCIT.F,RN DISTRICT OF FLORIDA JEST PALM BEACH I7SVISIO CASE NO.9:13 -cV- 5105,3 -YJA C.1-MIS 01JARE Plain ift', 'YS_ TOWN OF GULF STREAM et, al. Defeudairts, CERTMUCATTO >y QFJ0NATrrA- NR- Q!hQ'q,1, Jonathan It, O'Boy)e, Esquire, pursuant to Rgle 4(b) of the Special Rules Goveraing the Admission and T'raetice ofAitorneys, hereby certifies that (1).1 have studied the Local Rules dithe UrlW States Distdct Court for the Southem District of Florida, and (�) Tam a member hi. good standing oftbe Pennsylvanja Supreme Court.. Jonathan OtoyTe, Bsq. Jonathp R, O'Boyle, RC. 2146 E. Huntingdon St. Phila&lphii, PA 19125 Tel,, 561- 758 -1223 Fax., 215-893-3641 641 jt-ol,bylenjralav�r o,Qxq Pehrisylvania Bar &. 314500 CEWT KATE, QF SSIRM I BL-PX Y CE=,Y that.on January 10, 20)4, I l;ile -i the foregoing document with the Clerk of Court via conventional method due to the nature of the motion. I further certify that mailed the foregoing document via prepaid first: class U.S. mail to the following Michael It, Piper Christopher J. Stearris J'OHN$ON, AN8I31..MO, WJRDOCR BURI4.E, PIPER, & HO.CIJ3vIAN, RAC 2455 East Sunrise Boulevard, Suite 1000 Fort Lauderdale, Florida 33304 Telephone.: (954) 463 -0100 pipen@jambg.com stearns @jambg.00m Dated. January 7, 2014 GMMIMADTSON P.A. 401 Sout4 County Road 13272 Paffn Beaob, FL33480 -9991 Tel: 561- 223 -999Q Mark J. Hanfra Florida T3arNo. 0045251 %l-7-23-8284 (call & text) mbarnna @g3mlaw,00rn UN:tI ED STA'P'ES IIFSTIUCT COURT FOR THE SOrM, RN DIS'T=CT OF FLORIDA WEST MIA I3EACiTDWYSiON CASE NCI: 9.13 -ev 81453 -K.LR —15 s e_ Platintifft VS. TOWN Or GULF STIZEAX et. aI. Defeudanf9, RTlir . T t?Tt fti.AR P A ] t?iti' O iIT TTO " THl:S CAUSE having come before iiie Court on.the Motion to Appear pro Hac Vice for Jond -han R, O'Boyle; Consent to Designakion, and. Request to Electronically Receive Notices of Elcouronic Filing (ilre "Motion 7), pur'suant to the Special Rules Governing the Admission and Practic0 of Attorneys in the United States District Cobit for the Southern District of Floruis. and Section 2 B of the CWECI- Administrative procedures. Ibis Court having considered the motion and all other relevant fdotors, it is hereby of Florida ORDERED OR ADRJDGED that: The Motion is GRANTED. Sonathau R. O'Boyle, may appear and participate is this action oa behalf of Chris O'H=T The CIerk shall provide electronic notification of all electronic filings to Jonathan R. O'BoyIe atjonaflianroboyle@gmail.com. DO1�E AND ORDEREp in Chambers, West Palm Beach; Palm Beach County, Soutbern District of Morida, on lannaiy _ 20I4, Copies furnished to: All Counsel of Record K,ENNEIE L. R.YSKAMP United States District Judge Find Lawyer, Attorney, Law Firms, Attorneys, Legal Information. 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F,Y or from fii£t vser acknowfed;),,s and agrees to be b-wnd by sw:h Teams .j toes and Priacv Policy Cr.-rj Y, 9141 Guhiid Rr;d.'Dallas Taxis 75218 - aV—,)) 44; ,5375 (214) 321-3234 RULE 4 -5.5 UNLICENSED PRACTICE OF LAW; MULTIJURISDICTIONAL PRACTICE OF LAW Page 1 of 7 The Florida Bar www,floridabar.org L 4-5.5 UNLICENSED PRACTICE OF LAW; MULTIJURISDICTIONAL PRACTICE F LAW RULE 4-5.5 UNLICENSED PRACTICE OF LAW; u PRACTICE (a) Practice of Law. A lawyer shall not practice law in a jurisdiction other than the lawyer's home state, in violation of the regulation of the legal profession in that jurisdiction, or in violation of the regulation of the legal profession in the lawyer's home state or assist another in doing so. (b) Prohibited Conduct. A lawyer who is not admitted to practice in Florida shall not: (1) except as authorized by other law, establish an office or other regular presence in Florida for the practice of law; (2) hold out to the public or otherwise represent that the lawyer is admitted to practice law in Florida; or (3) appear in court, before an administrative agency, or before any other tribunal unless authorized to do so by the court, administrative agency, or tribunal pursuant to the applicable rules of the court, administrative agency, or tribunal. (c) Authorized Temporary Practice by Lawyer Admitted in Another United States Jurisdiction. A lawyer admitted and authorized to practice law in another United States jurisdiction who has been neither disbarred or suspended from practice in any jurisdiction, nor disciplined or held in contempt in Florida by reason of misconduct committed while engaged in the practice of law permitted pursuant to this rule, may provide legal services on a temporary basis in Florida that: (1) are undertaken in association with a lawyer who is admitted to practice in Florida and who actively participates in the matter; or FJC 1BIT-0, .= http: / /www.floridabar.org/divexe/ rrtfb. nsf/ FV/ AE4F324F9F246B2085257A2C00628278 5/29/2014 RULE 4 -5.5 UNLICENSED PRACTICE OF LAW; MULTIJURISDICTIONAL PRACTICE OF LAW Page 2 of 7 (2) are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction, if the lawyer is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized; or (3) are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in this or another jurisdiction, and the services are not services for which the forum requires pro hac vice admission: (A) if the services are performed for a client who resides in or has an office in the lawyer's home state, or (B) where the services arise out of or are reasonably related to the lawyer's practice in a jurisdiction in which the lawyer is admitted to practice; or (4) are not within subdivisions (c)(2) or (c)(3), and (A) are performed for a client who resides in or has an office in the jurisdiction in which the lawyer is authorized to practice, or (B) arise out of or are reasonably related to the lawyer's practice in a jurisdiction in which the lawyer is admitted to practice. (d) Authorized Temporary Practice by Lawyer Admitted in a Non - United States Jurisdiction. A lawyer who is admitted only in a non - United States jurisdiction who is a member in good standing of a recognized legal profession in a foreign jurisdiction whose members are admitted to practice as lawyers or counselors at law or the equivalent and are subject to effective regulation and discipline by a duly constituted professional body or a public authority, and who has been neither disbarred or suspended from practice in any jurisdiction nor disciplined or held in contempt in Florida by reason of misconduct committed while engaged in the practice of law permitted pursuant to this rule does not engage in the unlicensed practice of law in Florida when on a temporary basis the lawyer performs services in Florida that: (1) are undertaken in association with a lawyer who is admitted to practice in Florida and who actively participates in the matter; or (2) are in or reasonably related to a pending or potential proceeding before a tribunal held or to be held in a jurisdiction outside the United States if the lawyer, or a person the lawyer is assisting, is authorized by law or by order of the tribunal to appear in such proceeding or reasonably expects to be so authorized; or http:// www. floridabar. org/ divexe/ rrtfb. nsf/ FV/ AE4F324F9F246B2085257A2C00628278 5/29/2014 RULE 4 -5.5 UNLICENSED PRACTICE OF LAW; MULTIJURISDICTIONAL PRACTICE OF LAW Page 3 of 7 (3) are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding held or to be held in Florida or another jurisdiction and the services are not services for which the forum requires pro hac vice admission (A) if the services are performed for a client who resides in or has an office in the jurisdiction in which the lawyer is admitted to practice, or (B) where the services arise out of or are reasonably related to the lawyer's practice in a jurisdiction in which the lawyer is admitted to practice; or (4) are not within subdivisions (d)(2) or (d)(3), and (A) are performed for a client who resides or has an office in a jurisdiction in which the lawyer is authorized to practice to the extent of that authorization, or (B) arise out of or are reasonably related to a matter that has a substantial connection to a jurisdiction in which the lawyer is authorized to practice to the extent of that authorization; or (5) are governed primarily by international law or the law of a non - United States jurisdiction in which the lawyer is a member. Comment Subdivision (a) applies to unlicensed practice of law by a lawyer, whether through the lawyer's direct action or by the lawyer assisting another person. A lawyer may practice law only in a jurisdiction in which the lawyer is authorized to practice. A lawyer may be admitted to practice law in a jurisdiction on a regular basis or may be authorized by court rule or order or by law to practice for a limited purpose or on a restricted basis. Regardless of whether the lawyer is admitted to practice law on a regular basis or is practicing as the result of an authorization granted by court rule or order or by the law, the lawyer must comply with the standards of ethical and professional conduct set forth in these Rules Regulating the Florida Bar. The definition of the practice of law is established by law and varies from one jurisdiction to another. Whatever the definition, limiting the practice of law to members of the bar protects the public against rendition of legal services by unqualified persons. This rule does not prohibit a lawyer from employing the services of paraprofessionals and delegating functions to them, so long as the lawyer supervises the delegated work and retains responsibility for their work. See http:// www. floridabar. org/ divexe/ rrtfb. nsf/ FV/ AE4F324F9F246B2085257A2C00628278 512912014 RULE 4 -5.5 UNLICENSED PRACTICE OF LAW; MULTIJURISDICTIONAL PRACTICE OF LAW Page 4 of 7 rule 4 -5.3. Likewise, it does not prohibit lawyers from providing professional advice and instruction to nonlawyers whose employment requires knowledge of law; for example, claims adjusters, employees of financial or commercial institutions, social workers, accountants, and persons employed in government agencies. In addition, a lawyer may counsel nonlawyers who wish to proceed pro se. Other than as authorized by law, a lawyer who is not admitted to practice in Florida violates subdivision (b) if the lawyer establishes an office or other regular presence in Florida for the practice of law. Presence may be regular even if the lawyer is not physically present here. Such a lawyer must not hold out to the public or otherwise represent that the lawyer is admitted to practice law in Florida. Subdivision (b) also prohibits a lawyer who is not admitted to practice in Florida from appearing in a Florida court, before an administrative agency, or before any other tribunal in Florida unless the lawyer has been granted permission to do so. In order to be granted the permission, the lawyer must follow the applicable rules of the court, agency, or tribunal including, without limitation, the Florida Rules of Judicial Administration governing appearance by foreign attorneys. There are occasions in which a lawyer admitted and authorized to practice in another United States jurisdiction or in a non - United States jurisdiction may provide legal services on a temporary basis in Florida under circumstances that do not create an unreasonable risk to the interests of his or her clients, the public, or the courts. Subdivisions (c) and (d) identify such circumstances. This rule does not authorize a lawyer to establish an office or other regular presence in Florida without being admitted to practice generally here. Furthermore, no lawyer is authorized to provide legal services pursuant to this rule if the lawyer is disbarred or suspended from practice in any jurisdiction or has been disciplined or held in contempt in Florida by reason of misconduct committed while engaged in the practice of law permitted pursuant to this rule. The contempt must be final and not reversed or abated. There is no single test to determine whether a lawyer's services are provided on a "temporary basis" in Florida and may therefore be permissible under subdivision (c). Services may be "temporary" even though the lawyer provides services in Florida on a recurring basis or for an extended period of time, as when the lawyer is representing a client in a single lengthy negotiation or litigation. Subdivision (c) applies to lawyers who are admitted to practice law in any United States jurisdiction, which includes the District of Columbia and any state, territory, or commonwealth of the United States. The word "admitted" in subdivision (c) contemplates that the lawyer is http:// www. floridabar. org/ divexe/ rrtfb. nsf/ FV/ AE4F324F9F246B2085257A2CO0628278 512912014 RULE 4 -5.5 UNLICENSED PRACTICE OF LAW; MULTIJURISDICTIONAL PRACTICE OF LAW Page 5 of 7 authorized to practice in the jurisdiction in which the lawyer is admitted and excludes a lawyer who while technically admitted is not authorized to practice because, for example, the lawyer is on inactive status. Subdivision (d) applies to lawyers who are admitted to practice law in a non - United States jurisdiction if the lawyer is a member in good standing of a recognized legal profession in a foreign jurisdiction, the members of which are admitted to practice as lawyers or counselors at law or the equivalent and subject to effective regulation and discipline by a duly constituted professional body or a public authority. Due to the similarities between the subsections, they will be discussed together. Differences will be noted. Subdivisions (c)(1)and (d)(1) recognize that the interests of clients and the public are protected if a lawyer admitted only in another jurisdiction associates with a lawyer licensed to practice in Florida. For these subdivisions to apply, the lawyer admitted to practice in Florida could not serve merely as a conduit for the out -of -state lawyer, but would have to share actual responsibility for the representation and actively participate in the representation. To the extent that a court rule or other law of Florida requires a lawyer who is not admitted to practice in Florida to obtain admission pro hac vice prior to appearing in court or before a tribunal or to obtain admission pursuant to applicable rule(s) prior to appearing before an administrative agency, this rule requires the lawyer to obtain that authority. Lawyers not admitted to practice generally in Florida may be authorized by law or order of a tribunal or an administrative agency to appear before the tribunal or agency. This authority may be granted pursuant to formal rules governing admission pro hac vice or pursuant to formal rules of the agency. Under subdivision (c)(2), a lawyer does not violate this rule when the lawyer appears before a tribunal or agency pursuant to such authority. As with subdivisions (c)(1) and (d)(1), to the extent that a court rule or other law of Florida requires a lawyer who is not admitted to practice in Florida to obtain admission pro hac vice prior to appearing in court or before a tribunal or to obtain admission pursuant to applicable rule(s) prior to appearing before an administrative agency, this rule requires the lawyer to obtain that authority. Subdivision (c)(2) also provides that a lawyer rendering services in Florida on a temporary basis does not violate this rule when the lawyer engages in conduct in anticipation of a proceeding or hearing in a jurisdiction in which the lawyer is authorized to practice law or in which the lawyer reasonably expects to be admitted pro hac vice. Examples of such conduct include meetings with the client, interviews of potential witnesses, and the review of documents. Similarly, a lawyer admitted only in another jurisdiction may engage in conduct temporarily in Florida in connection with pending litigation in another jurisdiction in which the lawyer is or reasonably expects to be authorized to appear, including taking depositions in Florida. http:// www. floridabar. org/ divexe/ rrtfb. nsf/ FV/ AE4F324F9F246B2085257A2C00628278 5/29/2014 RULE 4 -5.5 UNLICENSED PRACTICE OF LAW; MULTIJURISDICTIONAL PRACTICE OF LAW Page 6 of 7 Subdivision (d)(2) is similar to subdivision (c)(2), however, the authorization in (d)(2) only applies to pending or potential proceedings before a tribunal to be held outside of the United States. Subdivisions (c)(3) and (d)(3) permit a lawyer admitted to practice law in another jurisdiction to perform services on a temporary basis in Florida if those services are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in this or another jurisdiction, if the services are performed for a client who resides in or has an office in the lawyer's home state, or if the services arise out of or are reasonably related to the lawyer's practice in a jurisdiction in which the lawyer is admitted to practice. The lawyer, however, must obtain admission pro hac vice in the case of a court - annexed arbitration or mediation if court rules or law so require. The lawyer must file a verified statement with The Florida Bar in arbitration proceedings as required by rule 1 -3.11 unless the lawyer is appearing in an international arbitration as defined in the comment to that rule. A verified statement is not required if the lawyer first obtained the court's permission to appear pro hac vice and the court has retained jurisdiction over the matter. For the purposes of this rule, a lawyer who is not admitted to practice law in Florida who files more than 3 demands for arbitration or responses to arbitration in separate arbitration proceedings in a 365 -day period shall be presumed to be providing legal services on a regular, not temporary, basis; however, this presumption shall not apply to a lawyer appearing in international arbitrations as defined in the comment to rule 1 -3.11. Subdivision (c)(4) permits a lawyer admitted in another jurisdiction to provide certain legal services on a temporary basis in Florida that are performed for a client who resides or has an office in the jurisdiction in which the lawyer is authorized to practice or arise out of or are reasonably related to the lawyer's practice in a jurisdiction in which the lawyer is admitted but are not within subdivisions (c)(2) or (c)(3). These services include both legal services and services that nonlawyers may perform but that are considered the practice of law when performed by lawyers. When performing services which may be performed by nonlawyers, the lawyer remains subject to the Rules of Professional Conduct. Subdivisions (c)(3), (d)(3), and (c)(4) require that the services arise out of or be reasonably related to the lawyer's practice in a jurisdiction in which the lawyer is admitted. A variety of factors evidence such a relationship. The lawyer's client may have been previously represented by the lawyer, or may be resident in or have substantial contacts with the jurisdiction in which the lawyer is admitted. The matter, although involving other jurisdictions, may have a significant connection with that jurisdiction. In other cases, significant aspects of the lawyer's work might be conducted in that jurisdiction or a significant aspect of the matter may involve the law of that http:// www. floridabar. org/ divexe/ n- tfb. nsf/ FV/ AE4F324F9F246B2085257A2C00628278 5/29/2014 RULE 4 -5.5 UNLICENSED PRACTICE OF LAW; MULTIJURISDICTIONAL PRACTICE OF LAW Page 7 of 7 jurisdiction. The necessary relationship might arise when the client's activities or the legal issues involve multiple jurisdictions, such as when the officers of a multinational corporation survey potential business sites and seek the services of their lawyer in assessing the relative merits of each. In addition, the services may draw on the lawyer's recognized expertise developed through regular practice of law in a body of law that is applicable to the client's particular matter. Subdivision (d)(4) permits a lawyer admitted in a non - United States jurisdiction to provide certain services on a temporary basis in Florida that are performed for a client who resides in or has an office in the jurisdiction where the lawyer is authorized to practice or arise out of or are reasonably related to a matter that has a substantial connection to a jurisdiction in which the lawyer is authorized to practice to the extent of that authorization but are not within subdivisions (d)(2) and (d)(3). The scope of the work the lawyer could perform under this provision would be limited to the services the lawyer may perform in the authorizing jurisdiction. For example, if a German lawyer came to the United States to negotiate on behalf of a client in Germany, the lawyer would be authorized to provide only those services that the lawyer is authorized to provide for that client in Germany. Subdivision (d)(5) permits a lawyer admitted in a non - United States jurisdiction to provide services in Florida that are governed primarily by international law or the law of a non - United States jurisdiction in which the lawyer is a member. A lawyer who practices law in Florida pursuant to subdivisions (c), (d), or otherwise is subject to the disciplinary authority of Florida. A lawyer who practices law in Florida pursuant to subdivision (c) must inform the client that the lawyer is not licensed to practice law in Florida. The Supreme Court of Florida has determined that it constitutes the unlicensed practice of law for a lawyer admitted to practice law in a jurisdiction other than Florida to advertise to provide legal services in Florida which the lawyer is not authorized to provide. The rule was adopted in 820 So. 2d 210 (Fla. 2002). The court first stated the proposition in 762 So. 2d 392, 394 (Fla. 1999). Subdivisions (c) and (d) do not authorize advertising legal services to prospective clients in Florida by lawyers who are admitted to practice in jurisdictions other than Florida. Whether and how lawyers may communicate the availability of their services to prospective clients in Florida is governed by rules 4 -7.1 through 4 -7.10. A lawyer who practices law in Florida is subject to the disciplinary authority of Florida. [Revised: 07101 12012] © 2014 The Florida Bar I Disclaimer I Top of page I Get Adobe acrobat http:// www. floridabar. org/ divexe/ rrtfb. nsf/ FV/ AE4F324F9F246B2085257A2CO0628278 5/29/2014 Philadelphia City Wage Taxes Overview The City Wage Tax is a tax on salaries, wages, commissions and other compensation paid to an employee who is employed by or renders services to an. employer. Generally, individuals who work for a company In Pennsylvania will find that the company deducts the Wage Tax from their pay since this is required by law. All Philadelphia residents owe the City Wage Tax regardless of where they work. Non - residents who work in Philadelphia must also pay the Wage Tax. Who Must File All employers located in Pennsylvania are required to register with the City of Philadelphia within 30 days of becoming an employer of a resident of Philadelphia or of a non- resident of Philadelphia doing business in Philadelphia. Employers are required to withhold and remit the Wage Tax at the prescribed rate from all residents of Philadelphia or non - residents doing business in Philadelphia in its employ. Employers and payroll service companies must also remit W -2s to Philadelphia. W -2 submission instructions are In the Common Forms box to the right. If you are a resident of Philadelphia or a non- resident who works in Philadelphia, and your employer Is not required to withhold the tax, you must register for an Earnings Tax Account. You can register for an Earnings account on our website using your Social Security Number. PROFESSIONAL ETHICS OF THE FLORIDA BAR OPINION 74 -48 December 26, 1974 It is permissible for an interstate partnership with an office in Florida to use its firm name in this state even though none of the lawyers listed in the farm name are admitted in Florida, but the letterhead should indicate which members of the firm are admitted in Florida. [Note: See, The Florida Bar v. Savitt, 363 So.2d 559 (Fla. 1978), which discusses the requirements of a bona fade interstate partnership.] CPR: DR 2a142(D) Opinion: 65 -15 Vice Chairman Daniels stated the opinion of the committee: A member of The Florida Bar contemplates formation of an interstate partnership with a New York law firm and requests guidance regarding operations of the interstate partnership in Florida. The formation of interstate partnerships is sanctioned by DR 2- 102(D); which provides: A partnership shall not be formed or continued between or among lawyers licensed in different jurisdictions unless all enumerations of the members and associates of the farm on its letterhead and in other permissible listings make clear the jurisdictional limitations on those members and associates of the firm not licensed to practice in all listed jurisdictions, however, the same firm name may be used in each jurisdiction. In view of the underscored language above, the New York firm name may be used in Florida although none of the lawyers in such firm name are admitted in Florida. Former opinions to the contrary, such as 65--15 [since withdrawn], have been overruled by the subsequent amendment to the Code of Professional Responsibility underscored above. However, the Committee reaffirms the following language from former Opinion 65 -15: it is not improper for a Florida lawyer to be a member of an interstate law firin which maintains offices both in. Florida and elsewhere. The; partnership, however, must be a frill,. bona fade partnership in which, the profits.and losses.ofthe several.offices are actually shared according to the terms of the partnership agreement. It is improper to engage in such an arrangement if its true effect is merely to create an association whereby legal matters are referred from one office to another and fees are shared only with reference to the particular matters so referred. 6 ... all attorneys who are members or associates of such firm must be "amenable to professional discipline" at the place where the partner or associate is actually engaged in practice and the partner or associate must be a member of the bar authorized to practice law at that place; and that the public and other lawyers must not in any way be misinformed or misled concerning the authority of any member of an interstate firm to practice in a particular jurisdiction. In the latter connection, if the name of a Iawyer is listed on the letterhead of a Florida firm when that lawyer is not admitted to practice in Florida, then an affirmative statement must appear on the letterhead indicating that the lawyer is not authorized to practice in this state. Further, it is not proper to list the name of any attorney in a telephone directory, published and used in Florida, unless the attorney is admitted to practice in this state. Under the contemplated interstate partnership, the partnership letterhead used in Florida will use the New York firm name at the top. On the left margin the letterhead will have a heading "Partners Admitted in Florida" and will thereafter list only the partners admitted in Florida. The Committee deems this an appropriate method to avoid misleading the public as it will indicate to the public that the lawyers in the firm name are not admitted in Florida. However, care should be, exercised in the conduct of the firm's Florida practice to avoid any false impression that other partners are Florida lawyers. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail December 23, 2014 Airline Highway, LLC [mail to: records @commerce- group.com] Re: GS #1178 (664) Provide all Public Records demonstrating that Jonathan R. O'Boyle was domiciled in Florida on May 30, 2014, as stated in the Defendant's Motion to Disqualify The O'Boyle Law Firm, P. C., Inc. And, In The Alternative, For An Evidentiary Hearing. Dear Airline Highway, LLC [mail to: records(o),commerce- grouo.coml, The Town of Gulf Stream has received your public records requests dated July 31, 2014. If your request was received in writing, then the requests can be found at the following link hU: / /www2.gulf- stream. ore/ WebLink8 /0 /doc /17189/Pagel.asyx. If your request was verbal, then the description of your public records request is set forth in the italics above. Please refer to the referenced number above with any future correspondence. The responsive documents are at the same link. We consider this matter closed. Sincerely, Town Clerk Custodian of the Records