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HomeMy Public PortalAboutPRR 14-1203RECORDS REQUEST (the "Request ") Date of Request: 7/31/14 Requestor's Request ID#: 733 REQUESTEE: 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: 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. 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:P/NPR/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 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA MARTIN E. O'BOYLE, CASE NO.: 502014CA004474XXXXMB DIVISION: AG Plaintiff, rM TOWN OF GULF STREAM, Defendant. DEFENDANT'S MOTION FOR SANCTIONS AGAINST PLAINTIFF MARTIN E. O'BOYLE, COUNSEL OF RECORD, THE O'BOYLE LAW FIRM P.C., JONATHAN WAND WILLIAM RING, ESQUIRE Defendant, Town Of Gulf Stream, moves this Court for the imposition of sanctions against Plaintiff, Martin E. O'Boyle, Counsel of Record, the O'Boyle Law Firm, P.C., Inc., its President, Jonathan O'Boyle, and William Ring, Esquire, for unprofessional, unethical and abusive litigation tactics, and as grounds therefore would show the Court that: 1. On May 30, 2014, Defendant, through its counsel, Sweetapple, Broeker & Varkas, P.L., and Jones, Foster, Johnson & Stubbs, P.A., filed Defendant's Motion to Disqualify the O'Boyle Law Firm, P.C., Inc., or in the Alternative, for an Evidentiary Hearing (hereinafter the "Motion "). 2. This Motion has been withdrawn without prejudice as Defendant is seeking other remedies with regard to the matters addressed in the Motion. 3. Significantly, the O'Boyle Law Firm, P.C., Inc., registered as a Florida foreign profit corporation on February 10, 2014, claiming its principal office as 2146 E. Huntingdon Street, Philadelphia, Pennsylvania. 4. Upon information and belief, at the time of registering the O'Boyle Law Firm, P.C., Inc. (hereinafter the "O'Boyle Law Firm "), as a Florida foreign profit corporation, the O'Boyle Law Firm LAW OFFICES OF SWEETAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 3u STREET, BOCA RATON, PLORIDA 33432-3911 Martin E. O'Boyle v. Town of Gulfstream CASE NO. 502014CA004474XXXXMBAG (PALM BEACH COUNTY) appears to have had no real business presence in Philadelphia, Pennsylvania. Although it was registered as a Pennsylvania Corporation on November 14, 2013, it further appears that: a. The O'Boyle Law Firm did not own or lease any commercial space there. b. The O'Boyle Law Firm did not have a business telephone line. c. The O'Boyle Law Firm had no employees and paid no salaries. d. The O'Boyle Law Firm did not pay city, state or federal taxes because it had no employees. e. The O'Boyle Law Firm did not obtain an occupational license to conduct business in the City of Philadephia. f. The O'Boyle Law Firm's sole principal, officer and director, Jonathan O'Boyle, used his Florida cell phone number (561- 758- 1223), as the firm telephone number. g. Jonathan O'Boyle is a member of the Pennsylvania Bar, but not of the Florida Bar. h. Jonathan O'Boyle advised the Pennsylvania Bar that he is an out -of -state attorney with an address in Florida. i. Jonathan O'Boyle advised the Pennsylvania Bar that his address is in the Town of Gulf Stream, Florida at 23 N. Hidden Harbour Drive, his parent's home address. j. At the time of the opening of the O'Boyle Law Firm in Florida, Jonathan O'Boyle resided and was domiciled in Florida. k. When the O'Boyle Law Firm opened in Florida, it was operated out of his father, Martin O'Boyle's, office at West Newport Center Drive, Deerfield Beach, Florida. It is still operated out of this building, which is owned or controlled by Martin O'Boyle. LAW OFFICES OF S WEETAPPLE, BROERER & VARRAS, P.L. 20 S.E. 3RO STREET, BOCA RATON, FLORIDA 33432-3911 Martin E. O'Boyle v. Town of Gulfstream CASE NO. 502014CA004474XXXXMBAG (PALM BEACH COUNTY) 1. Since opening the O'Boyle Law Firm, Jonathan O'Boyle has had a constant presence in the State of Florida handling legal matters for his father and his father's businesses, including at least four (4) pro hac vice appearances. m. Jonathan O'Boyle has misrepresented his residence as part of his filings with the Court and/or the Bar. 5. Immediately after Defendant filed "the Motion ", Plaintiff, Martin O'Boyle (hereinafter "O'Boyle ") and his counsel, William Ring, requested a meeting with Joanne M. O'Connor, John C. Randolph and Sidney Stubbs of the Jones Foster law firm. 6. On June 4, 2014, O'Boyle, William Ring, Joanne O'Connor, and John Randolph met in the offices of Jones Foster. Mr. Stubbs was not in attendance. 7. O'Boyle indicated the meeting should be confidential in nature as it was called for the purpose of arriving at a settlement. However, Plaintiff then proceeded to issue implicit threats, stating that as a result of the Motion, which was directed at O'Boyle's son's law firm, O'Boyle intended to take steps against opposing counsel and their children. O'Boyle also made an implicit threat of physical violence stating, "You know I've never been a violent person. These hands have never touched anyone." O'Boyle inquired regarding opposing counsel, Joanne O'Connor's, marital status and threatened to hire investigators to "watch counsel's daughter to see if she slips up." S. O'Boyle further stated that he was going to open sober houses throughout the Town of Gulf Stream. 9. These statements were made for the purpose of intimidating counsel, including undersigned counsel. The above conduct has caused undersigned counsel's co- counsel to become witnesses with regard to these events and this motion. 3 LAW OFFICES OF S WEEFAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 3R° STREET, BOCA RATON, FLORIDA 33432 -3911 Martin E. O'Boyle v. Town of Gulfstream CASE NO. 502014CA004474XXXXMBAG (PALM BEACH COUNTY) 10. Following the meeting, John Randolph wrote a letter to William Ring informing him that the meeting did not involve settlement discussions and therefore it would not be treated as confidential, Exhibit 111 ". 11. After the meeting, O'Boyle commenced to have airborne banners flown on a daily basis over Palm Beach County. Some of the banners read: DATE TIME ACTIVITY MF.cCA C-P 06/05/14 @ 2:00 pm Banner Plane "JONES FOSTER CLIENTS, CHECK YOUR BILLS" 06/06/14 @2:00 pm Banner Plane "IF DON'T DRINK & DRIVE — WE'LL BE WATCHING" 06/10/14 @2:00 pm Banner Plane "HAS JONES FOSTER EMBRACED A BAD APPLET' 06/13/14 @11:10 am Banner Plane "JONES FOSTER — YOUR BILLS MAKE ME PUKE" 06/20/13 @11:00 am Banner Plane "SWEET APPLES ARE ROTTEN APPLES RIGHT IF" 06/24/14 @10:38 am Banner Plane "SWEET APPLES ARE BEST BOILED IN OIL" 12. On June 6, 2014, O'Boyle had his attorney and business associate, William Ring, Esquire, form a Florida limited liability company called "Sweet Apple Sober Houses, LLC ", Exhibit 11211, an obvious reference to a defense counsel's surname. 13. In addition, on June 13, 2014, O'Boyle appeared before a meeting of the Gulf Stream Town Commission and made false and defamatory allegations against Gulf Stream's co- counsel, Robert Sweetapple, stating that a Judge of the First District Court of Appeal had found that "Mr. Sweetapple consistently misrepresented testimony and failed to acknowledge well- established case law, including Supreme Court precedents" (Exhibit "3 ") This statement is patently untrue, and was made to undermine the Town's confidence in its attorney. 14. The above threats and conduct have occurred with the knowledge, cooperation and complicity of William Ring, Jonathan O'Boyle and the O'Boyle Law Firm. Specifically, this misconduct is being LAW OFFICES OF SWEErAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 3RD STREET, BOCA RATON, FLORIDA 33432 -3911 Martin E. O'Boyle v. Town of Gulfstream CASE NO. 502014CA004474XXXXMBAG (PALM BEACH COUNTY) undertaken to pressure and intimidate defense counsel into not pursuing the issue of whether the O'Boyle Law Firm is a bona fide Interstate Law Firm. 15. The issue of whether the O'Boyle Law Firm is a bona fide Interstate Law Firm is one that should be resolved according to law. It should not be the subject of harassment, intimidation and air raids by opposing counsel and their client. 16. The misconduct is unprofessional, unethical and it constitutes an egregious example of litigation abuse. These tactics go beyond zealous representation and are designed to interfere with defense counsels' ethical obligation to their client. Such conduct undermines society's commitment to the resolution of disputes in courts of law, rather than in the streets or in the sky. 17. While citizens enjoy the constitutional right of free speech, that protection is afforded to truthful speech, and while attorneys must zealously represent their client's interests, they are also officers of the court, and are prohibited from disparaging witnesses and attorneys, or otherwise undermining the administration of justice. 18. It is well settled that the trial court has inherent jurisdiction to sanction parties and their counsel for litigation abuse. In this instance, Plaintiff and his counsel have sought to cease any litigation or determination of the bona fides of the O'Boyle Law Firm by threatening and instituting reprisals against counsel, their client and families. 19. While O'Boyle has the right to continue to make a spectacle of himself, he, with the assistance of counsel, cannot impugn, malign and attempt to extort opposing parties or their counsel as part of the litigation process. 20. Abusive conduct is not a novelty for O'Boyle, who has left a historic trail of abusive litigation. 5 LAW OFFICES OF SWEETAPPLE, BROEKER &. VARKAS, P.L. 20 S.E. 3m STREET, BocA RATON, FLORIDA 33432 -3911 Martin E. O'Boyle v. Town of Gulfstream CASE NO. 502014CA004474XXXXMBAG (PALM BEACH COUNTY) 21. O'Boyle has abused the legal system in several states by overwhelming local municipal governments and a State Attorney's office with the filing of thousands of public records requests and abusive litigation. 22. The case of Martin E. O'Boyle v. Peter Isen, 2014 WL 340104 (N.J.Super.A.D.), issued by the Superior Court of New Jersey, Appellate Division, on appeal from case no. L- 2341 -08, is attached hereto as Exhibit '14 ". The Court noted, From September 2007 through early July 2008, plaintiff and members of his family filed multiple requests pursuant to the Open Public Records Act (OPRA), N.J.S.A. 47:1A -1 to -13. Longport's only clerk worked part -time, and she did not address the requests within the time required by statute. At one point, the clerk went to the emergency room because of the stress she attributed to the flood of OPRA requests. And, in February 2008, the Borough's solicitor notified plaintiff that it would not accept any additional OPRA requests he filed, explaining that the numerous requests were substantially disrupting governmental services. The solicitor claimed that Longport had received 190 requests on October 16 and 17 and thirty filed October 31, 2007. In the Isen case, O'Boyle sued a resident of Longport for claiming O'Boyle was "the enemy of Longport". The suit for defamation was dismissed by summary judgment and affirmed by the appellate court. ' 23. Similarly, when his daughter was being prosecuted for driving under the influence, O'Boyle inundated the Palm Beach County State Attorney's Office both individually and through companies he controls with over 1,300 requests for public records. (attached hereto as Exhibit "5 "). 24. In an interview with the Palm Beach Post discussing his dealings with then candidate Dave Aronberg, O'Boyle stated, My view in life is: Take whatever shots you like at me, because I'm a big boy and I can handle them. But don't mess with my kids, my wife or my home. Don't do it. Don't. Because I'll come at you with every resource I have. And there's a lot. (attached hereto as Exhibit "V). LAW OFFICES OFSWEETAPPLE, BROEKER& VARKAS, P.L. 20 S.E. 3R0 STREET, BOCA RATON, FLORIDA 33432 -3911 Martin E. O'Boyle v. Town of Gulfstream CASE NO. 502014CA004474XXXXMBAG (PALM BEACH COUNTY) 25. In litigation before the United States Court of Appeals for the Sixth Circuit, Mr. O'Boyle received an adverse summary judgment ruling on a legal malpractice claim against a law firm, arising out of a representation where O'Boyle defaulted on an $8.9 million mortgage. The Court ordered O'Boyle to pay fees and costs to the defendants, and additionally sanctioned O'Boyle. In so ordering, the Tennessee court noted that: "More than seven years of frivolous litigation, litigation spawned by the zealous temperament of O'Boyle, has placed an extreme burden on the Clerk of this Court over and above the everyday course of business... The Court believes and finds that O'Boyle's conduct is the result of intransigence and stubborn litigiousness on his part, which the Court is not willing to tolerate." See O'Boyle v. Shulman, Rogers, et. al., 436 Fed.Appx. 449, 2011 WL 3510250 (C.A.6 (Tenn.) (attached hereto as Exhibit 117 "). 26. O'Boyle and his counsel fail to recognize that a Plaintiff and its counsel are subject to the Rules of Court. The fact that the bona fides of his son's alleged interstate law firm are being challenged is not justification for his use of intimidation, threats, extortion or slurs. 27. O'Boyle's counsel must be careful not to advise or condone conduct that interferes with or illegally exploits the legal system. An attorney must control the client or, under certain circumstances, subject himself to a claim of complicity. "[A] lawyer is ... an officer of the legal system, and a public citizen having special responsibility for the quality of justice." Preamble, Chapter 4, Rules Regulating the Florida Bar. An attorney has a duty to refrain from advocacy that undermines or interferes with the functioning of the judicial system. See Malaurea v. Suzuki Motor Co., Ltd., 987 F.2d 1536, 1546 (11th Cir.1993) "An attorney's duty to a client can never outweigh his or her responsibility to see that our system of justice functions smoothly. This concept is as old as common law jurisprudence itself. "); see, e.g., rules 4- 3.5(c) ( "a lawyer shall not engage in conduct intended to disrupt a tribunal "), and 4- 8.4(d) (a lawyer shall not "engage in conduct in connection with the practice of law that is prejudicial to the 7 LAW OFFICES OF SWEETAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 3' STREET, BOCA BATON, FLORIDA 33432 -3911 Martin E. O'Boyle v. Town of Gulfstream CASE NO. 502014CA004474XXXXMBAG (PALM BEACH COUNTY) administration of justice, including to knowingly ... disparage ... witnesses ... or other lawyers on any basis.... "), Rules Regulating The Florida Bar. When professional judgment does not restrain a lawyer's zealous advocacy, however, the courts must act to assure that aggressive advocacy does not frustrate or disrupt the administration of judicial proceedings. See In Re Terry, 128 U.S. 289, 302, 9 S.Ct. 77, 79, 32 L.Ed. 405 (1888); Sandstrom v. State, 309 So.2d 17 (Fla. 4th DCA 1975), cent. dismissed, 336 So.2d 572 (Fla, 1976); see also Louis S. Raveson, Advocacy and Contempt: Constitutional Limitations on the Judicial Contempt Power, Part One: The Conflict Behveen Advocacy and Contempt, 65 Wash.L.Rev. 477, 539 -40 (1990). Carnival Conp v. Beverly, 744 So.2d 489 (Fla. I" DCA 1999) 28. The O'Boyle Law Firm and William Ring have continued to represent O'Boyle in perpetrating these unethical and abusive activities. That conduct should also be sanctioned. WHEREFORE, Defendant prays this Court enter appropriate sanctions for litigation abuse against Plaintiff, Martin E. O'Boyle, his Counsel of Record, the O'Boyle Law Firm, P.C., Inc., Jonathan O'Boyle, President of the O'Boyle Law Firm, and William Ring, Esquire, including striking Plaintiffs pleadings, entering an order prohibiting Plaintiff from exploiting his right to litigate in a manner that impugns and threatens opposing counsel. Defendant also seeks an award of attorneys' fees and costs for bringing the motion. Respectfully submitted, SWEETAPPLE, BROEKER & VARKAS, PL Co- Counsel for Defendants 20 S.E. 3rd Street Boca Raton, Florida 33432 Telephone: (561) 392 -1230 E -Mail :pleadings @sweetapplelaw.com ROBERT A. SWEETAPPLE Florida Bar No. 0296988 LAW OFFICES OF SWEETAPPLE, BROEKER & VARKAs, P.L. 20 S.E. 3R° STREET, BOCA RATON, FLORIDA 33432-3911 Martin E. O'Boyle v. Town of Gulfstream CASE NO. 502014CA004474XXXXMBAG (PALM BEACH COUNTY) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served via the E- Filing Portal this 3rd day of July, 2014 to: Giovani Mesa, Esquire, Nick Taylor, Esquire, The O'Boyle Law Firm, P.C., 1286 West Newport Center Drive, Deerfield Beach, Florida 33442 (Telephone: 1-954-574-6885; E -mail: gmesa @oboylelawfirm.com, ntaylor @oboylelawfirm.com); Jonathan O'Boyle, Esquire, President, The O'Boyle Law Firm, P.C., 1286 West Newport Center Drive, Deerfield Beach, Florida 33442 (Telephone: 1-954-574-6885; E -mail: joboyle @oboylelawfirm.com); Joanne O'Connor, Esquire, John C. Randolph, Esquire and Ashlee A. Richman, Esquire, Jones, Foster, Johnston & Stubbs, P.A., 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33402 -3475 (Telephone:] -561- 659 -3000; Email: joconnor @jonesfoster.com; jandolph@jonesfoster.com; arichman@jonesfoster.com); and William Ring, Esquire, Commerce Group, Inc., 1280 West Newport Center Drive, Deerfield Beach, Florida 33224 (Telephone: 1- 954 -570 -3510; Email: wring @commerce- group.com). By: ROBERT A. S WEETAPPLE Florida Bar No. 0296988 9 LAW OFFICES OF SWEETAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 3° STREET, BOCA RATON, FLORIDA 33432 -3911 JONESFOSTER - JONNS ION & S I UI195. I'.:1. June 4, 2014 VIA EMAIL (wring(cDcommerce- group.com) AND REGULAR U.S. MAIL William F. Ring, Jr., Esquire 1280 West Newport Center Drive Deerfield Beach, FL 33442 RE: Meeting of June 4, 2014 Dear Mr. Ring: John C. Randolph Attorney 561. 650 -0458 Fax: 561.650 -5300 Jrandelph@ionesfoster com Yesterday you requested a meeting between you and your client, Martin E. O'Boyle, and me and my partner, Joanne O'Connor. We represent the Town of Gulf Stream. I inquired as to the subject matter of the meeting, but you would not disclose it in advance. At the outset of this afternoon's meeting, your client requested that our communications be treated as privileged settlement communications regarding pending litigation. We agreed that our communications would be treated as such only to the extent that they were, in fact, communications regarding the settlement of pending litigation. We specifically advised you that the privilege would not apply to any discussions relating to future litigation or threats of future action. Please be advised that because none of today's discussions concerned the potential settlement of any pending litigation between our clients, we do not consider them to be privileged settlement discussions under Florida law. Sincerely, JONES, JOHNSTON & STUBBS, P.A. JCR:mtm P.W0M%13147100061%IIrUII7196 d= EXHIBIT Since 1924 1 West Palm Beach I Jupiter I I.1gl.11 mnr 1.11111 illi 5,xnh Paa41I trice Sum. I Illn W61 nrhu llalah IWkI., ii it)) www.lnncsrasFaccmn Detail by Entity Name Page 1 of 2 Detail by Entity Name Florida Limited LiabilitV Company SWEET APPLE SOBER HOUSES, LLC Filing Information Document Number L14000091296 FEI /EIN Number NONE Date Filed 06/06/2014 State FL Status ACTIVE Effective Date 06106/2014 Principal Address 1280 WEST NEWPORT CENTER DRIVE DEERFIELD BEACH, FL 33442 Mailing Address 1280 WEST NEWPORT CENTER DRIVE DEERFIELD BEACH, FL 33442 Registered Agent Name & Address RING, WILLIAM F, JR. 128D WEST NEWPORT CENTER DRIVE DEERFIELD BEACH, FL 33442 Authorized Person(s) Detail Name & Address Title MGR O'BOYLE, MARTIN E 1280 WEST NEWPORT CENTER DRIVE DEERFIELD BEACH, FL 33442 Annual Reports No Annual Reports Filed Document Images 06/06/2014 -- Florida Limited Liability View image in PDF format EXHIBIT http: // search. sunbiz. org / Inquiry/ CorporatioiiSearch/ SearchResu ltDetail /EntityName /tlal -I 1... 6/11/2014 Excetpt from the meeting of the Town Cmmission held on 6 -13 -14 listed on Agenda as Item VII. Connmications A.2. from Residents (5 minutes miximnn) Martin O'Boyle: Good morning everyone. I have a few things I would like to go over, but first I just want to give an explaination to the Commission and the public. You will notice that I no longer stand for the flag salute, and the reason (don't know what made it do that .... cell phone signal) and the reason for that is-- - -when I woke up this morning I was an American. When I walked thru those doors, that did it. This is no longer America and here the flag salute means something and in this chamber it means nothing. I just wanted to make that explanation so that if anybody asks they will have the explanation from the horses mouth.um- -the Mayor sent a letter out about litigation and boy it sure is expensive- -um - -I didn't see Mr. Randolph pull up in a Roles Royce so I know he is not getting all the money although his firm as of Feb. to Feb, billed close to *300,000. um-- frankly looking at the bills, and we looked at them, makes me puke. To my knowledge, the Town has never won, a case.since Jan. 13th in a hall of justice. And, by the way, I have no issues with Mr. Randolph, I think he is a good attorney, I think.fiis price.is sensational and I think he represents this Commission in the best fashion he knows how and one that this Commission should be very pleased with. Thats my opinion. Then, you brought in Mr. Sweetapple whose clearly the fair haired boy. I don't know why a firm like Jones, Foster isn't enough, but I guess the Mayor doesn't have any buddies at Jones, Foster. Thats the only solution I can come to. ah --- Mr. Sweetapple's clearly a hot shot lawyer-- um - -tte Mayor gave the Commission and the residents a build up that was, frankly exciting, $500 an hour, charging us $350 an hour and he had experience in public records law. Well, there has been another law suite filed against the Town and the law suite that was filed against the Town was based upon Mr. Swe- etapple's noncompliance with the State Statute Chapter 119 for public records. He redacted portions of his bill and anyone who knows anything about public records knows if you are going to redact, you have to tall under which exception, if thats the right word, under which exception you are redacting. Mr. Ganger could say I am redacting my Social Security number in accordance with this section. That would be proper. Mr. Thrasher has done redaction the same way. Here he didn't, here you got a law suite. Also on his bill he talks about the Sunshine Law, well there's a document called the Sunshine Manual which teaches you how to navigate through the records act. So, where this guy came from, I guess it will always be a secret to me. We -- ugh - -one of my lawyers was in the court house and learned a little bit about Mr. Sweetapple. He had a case in the tat Dist. Court of Appeals before Judge Benton, the Judge found that Mr. Sweetapple consistently misrepresented testimony and failed to acknowledge well established case law including supreme Court precedence. There was another case in Palm Beach County Circuit Court, the Judge Elizabeth Moss says that Mr. Sweetapple'.s filing was a slander Mayor Nbrgan: I've got 5 minutes Mr. O'Boyle. O'Boyle: Yes, you do don't you. You want to let me - -- Mayor: That'concludes your public comment. EXHIBIT O'Boyle: Pardon 3 Mayor: That concludes your public comment. O'Boyle: Well, I know. Do you want to let me finish is my question. Mayor: No, I don't. O'Boyle: I can understand why Mayor. Mayor: You have 5 minutes. Make your point in 5 minutes. Thank you ....- _....L i..Y 1.. —...... -- 4_ al._ n..1.'I i.. r]......i.... Westlaw. Not Reported in A.3d, 2014 WL 340104 (N.J.Super.A.D.) (Cite as: 2014 WL 340104 (N.J.Super.A.D.)) Only the Westlaw citation is currently available. UNPUBLISHED OPINION. CHECK COURT RULES BEFORE CITING. Superior Court of New Jersey, Appellate Division. Martin E. O'BOYLE, Plaintiff — Appellant, V. Peter ISEN, Defendant — Respondent. Argued Dec. 11, 2013. Decided Jan. 31, 2014. On appeal from Superior Court of New Jersey, Law Division, Atlantic County, Docket No. L- 2341 -08. Jonathan R O'Boyle, of the Pennsylvania bar, ad- mitted pro hac vice, argued the cause for appellant (Jacobs & Barbone, P.A. and Mr. O'Boyle, attorneys; Lucille A. Bongiovanni, an the brief). David W. Sufrin argued the cause for respondent (Zucker Steinberg Sonstein & WWed, P.A., attorneys; Mr. Sufrin, on the brief). Before Judges GRALL, WAUGH and ACCURSO. PER CURIAM. *1 Plaintiff Martin E. O'Boyle appeals from a grant of summary judgment in favor of defendant Peter Isen on a complaint alleging defamation.r"t For the reasons that follow, we affirm. FNI. We do not detail the complicated pro- cedural history of this case in the trial court because it is not material to the issue raised on appeal. It suffices to note, this complaint was consolidated with others for a time and several of plaintiffs claims were dismissed. Page 1 This claim of defamation by defendant was ultimately severed, and the grant of summary judgment is the only matter before us. Plaintiff and defendant are both residents of the Borough of Longport, and plaintiffs cause of action rests on a single statement made by defendant. The events preceding defendant's statement provide con- text. In 2006, Bruce Funk, the assistant chief of Longport's fire department and an employee of its building department, responded to a call received by the fire department about plaintiffs property. While there, Funk observed alterations of the ground level of the premises that, in his view, violated the Borough's building code. That December, plaintiff was issued a notice charging him with violations of the zoning ordinance. Defendant was a member of Longport's planning and zoning boards between January 2007 and January 2010. He was a long -time and year -round resident of LongpoM and for about four years he was plaintiffs neighbor. Although plaintiff resided in both Longport and in Florida, he and defendant had both worked on the mayoral campaign for the candidate who was the mayor during the relevant time period. FN2. Defendant issued a public statement on January 12, 2010, advising that he was re- signing from the boards. In that notice he indicates that he held the position for the past three years. In August 2007, Funk pursued the zoning viola- tion charges he had levied against plaintiff. Funk notified the federal and state offices of emergency management, and he made an inquiry to the Depart- ment of Homeland Security about canceling plaintiffs flood insurance because of the zoning violations. In Funk's estimation, violation of tloodplain regulations EXHIBIT 0 2014 Thomson Reuters. No Claim to Orig. US Gov. Works. Not Reported in A.3d, 2014 WL 340104 (N.J.Super.A.D.) (Cite as: 2014 WL 340104 (N.J.Super.A.D.)) would increase flood insurance premiums for the community of Longport. From September 2007 through early July 2008, plaintiff and members of his family filed multiple requests pursuant to the Open Public Records Act (OPRA), N.J.S.A. 47:1A -1 to —13. Longport's only clerk worked part-time, and she did not address the requests within the time required by statute. At one point, the clerk went to the emergency room because of the stress she attributed to the flood of OPRA re- quests. And, in February 2008, the Borough's solicitor notified plaintiff that it would not accept any addi- tional OPRA requests he filed, explaining that the numerous requests were substantially disrupting gov- ernmental services. The solicitor claimed that Long- port had received 190 requests on October 16 and 17 and thirty filed on October 31, 2007. In April 2008, plaintiff filed a civil complaint to compel Longport's compliance with OPRA. And in June, Longport retained NFC Global, an investigative firm, to uncover any prior difficulties plaintiff may have had with federal and state agencies. The firm completed its report later that month. On July 2, 2008, the Press of Atlantic City reported on the numerous OPRA requests. There is no dispute that Longport incurred significant legal fees in defending against plaintiffs suit. Plaintiffs OPRA suit was pending when de- fendant made the allegedly defamatory statement on July 5, 2008. That day, plaintiff was walking and conversing with Leonard Sylk and Fred Kremer, both residents of Longport, near an entrance to the beach by defendant's home. According to plaintiff, defendant said, "what are you guys doing with him, he's the enemy of Longport." Plaintiff further asserts that defendant made the same comment to William Simon, when Simon stopped his car to talk to the men. Ac- cording to Simon, defendant, referring to plaintiff, said "he is the enemy of the people of Long - port[,][s]tay away from him." Page 2 *2 Those present had different views of defend- ant's comment. Defendant said he was joking, and Sylk thought the same. According to Sylk's testimony, defendant was "sort of laughing" and "sounded like he was joking" when he and Kremer were asked "why [they were] consorting with the enemy." Sylk also noted that plaintiff laughed. In contrast, Simon thought defendant was angry and serious. While insisting that he made the remark about plaintiff being the enemy in jest, defendant admitted that he believed plaintiff was fairly characterized as the enemy of the residents of Longport. He based that opinion on plaintiffs conduct, which in his view, led to Longpmfs unnecessary expenditures for legal fees. In plaintiffs opinion, defendant made the remark intending to have the residents of Longport ostracize and isolate him and succeeded. He based that opinion on subsequent municipal actions singling him and his friends out for unfavorable treatment and affording defendant favorable treatment. In plaintiffs view, defendant's comment was the cause of his ill- treatment. Plaintiff gave several examples. Days after de- fendant made the comment, Longport s mayor called the County Health Department, which subsequently directed plaintiff to remove portable toilets from his property on the beach. In August, plaintiff filed a complaint against another resident for threatening his life, which the police did not investigate. Moreover, a friend of plaintiffs asserted that in May 2009, a police officer, who had detained him for forty minutes without proper cause, admitted that he had been di- rected to give him a hard time because of his friend- ship with plaintiff, who was an enemy of the people. Plaintiff also had evidence of defendant's favorable treatment. Another police officer admitted that he had not issued defendant a ticket when he saw him violate the law prohibiting use of a cell phone while driving. ® 2014 Thomson Reuters. No Claim to Orig. US Gov. Works. Not Reported in A.3d, 2014 WL 340104 (N.J.Super.A.D.) (Cite as: 2014 WL 340104 (N.J.Super.A.D.)) Plaintiff filed this lawsuit alleging defamation on July 15, 2008, while his OPRA complaint was still pending. One month later, the Law Division ruled on one issue in the OPRA action. The court directed Longport to accept future OPRA requests from plain- tiff. In that decision, the court did not address the merits of plaintiffs claim that Longport's disposition of the OPRA requests it had accepted violated the law, and the record does not include the final order in that action. The zoning violations were resolved in plaintiffs favor later in August 2008. Longport and plaintiff reached an agreement under which the municipality dismissed the charges based on plaintiffs alleged non - compliance. Summary judgment in favor of defendant on plaintiffs defamation claim was not entered until September 23, 2011. Judge Higbee determined that defendant's statement describing plaintiff as ,the enemy of Longport" cannot, as a matter of law, sup- port a finding of defamation, because the asserted description is an opinion, not a fact. *3 In reviewing a grant of summary judgment in favor of defendant, this court applies the same stand- ard as the trial court. The question is whether de- fendant is entitled to judgment as a matter of law, because a jury giving the plaintiff the benefit of all favorable evidence and inferences could not return a verdict for plaintiff. Brill v. Guardian Life Ins. Co. of Ain., 142 N.J. 520, 540 (1995). Applying that stand- ard, we agree with and affirm Judge Higbee's deter- mination. Plaintiff contends that the judge erred in con- cluding that defendant's comment was incapable of having a defamatory meaning. That is a question of law for the courts, DeAngelis v. Hill, 180 N.J. 1, 14 (2004), which we must review de novo. Toll Bros., Page 3 Inc. v. Twp. of W. Windsor, 173 N.J. 502, 549 (2002). Judge Higbee, in our view, correctly resolved this question. Liability for defamation is imposed based upon publication of a false statement that injures the repu- tation of another. Salzano v. N. Jersey Media Grp., Inc., 201 N.J. 500, 512 (2010), cert. denied, — U.S. —, 131 S.Ct. 1045, 178 L Ed2d 864 (2011). The tort recognizes that people should be free to enjoy their reputations without suffering false and defama- tory attacks. TurfLawnmower Repair, Inc, v. Bergen Record Corp., 139 N.J. 392, 409 (1995), cert. denied, 516 U.S. 1066, 116 S.Ct. 752, 133 L Ed2d 700 (1996). Thus, to establish defamation, a plaintiff must show that he or she suffered damages as a result of a statement of fact made by the defendant concerning the plaintiff, which was false and which was commu- nicated to a person other than the plaintiff. Singer v. Beach Trading Co., Inc., 379 N.J.Super. 63, 80 (App.Div.2005). A statement is not defamatory unless it is false. W.J.A. v. D.A., 210 N.J. 229,238 (2012). In determining whether a statement is capable of defamatory meaning, courts consider three factors: the content, the verifiability and the context of the chal- lenged statement. DeAngelis, supra, 180 N.J. at 14. To analyze the content of the statement, courts consider the fair and natural meaning that the words would be given by persons of reasonable intelligence. Ibid. Although "epithets, insults, name - calling, profanity and hyperbole" may be offensive, they are not ac- tionable as defamatory. Ibid. Thus, courts must dis- tinguish defamation from offensive "obscenities, vulgarities ... and other verbal abuse." Ibid. Plaintiff relies on Milkovich v. Lorain Journal Co., 497 U.S. 1, 19, 110 S.Ct. 2695, 2706, 111 L. Ed2d 1, 18 (1990), a case involving an expression of the writer's opinion that a coach committed perjury. ® 2014 Thomson Reuters. No Claim to Orig. US Gov. Works. Not Reported in A.3d, 2014 WL 340104 (NJ.Super.A.D.) (Cite as: 2014 WL 340104 (N.J.Super.A.D.)) Recognizing that opinions cannot be "false," the Court stressed that there is no "wholesale defamation ex- emption" for any statement that might be labeled an opinion. Id at 18, 110 S.Ct. at 2705, 111 L Ed.2d at 17. The Court explained that if a reasonable fact - finder could conclude that the speaker implied plaintiff committed perjury, then the implied assertion of fact would amount to defamation, if proven false. Id. at 20, 110 S.Ct, at 2706 -07, 111 L. Ed.2d at 19. *4 The Court's opinion in Milkovich points out the difference between the statement at issue in that case and this one. The Court stated: "unlike a subjective assertion(,] the averred defamatory language [here] is an articulation of an objectively verifiable event," i.e, whether the plaintiff had actually committed perjury. Id at 22, 110 S.Ct. at 2707, 111 L. Ed2d at 20. But in this case, defendant's characterization of plaintiff as the town's enemy, while arguably insulting, does not imply any particular conduct or event that could be verified as true or false. For example, defendant did not refer to the zoning violation or the number of OPRA requests. He simply indicated that plaintiff was an "enemy" of Longport. It is well - settled that a statement is not actionable when it has an imprecise meaning. Buckley v. Littell, 539 F.2d 882, 893 (2d Cir.1976) (holding that the terms "fascist," "fellow traveler" and "radical right" were too imprecise, loose and insusceptible of proof to be considered defamatory). When the meaning of an insulting assertion —here the enemy of Longport—is not settled, its truth or falsity cannot be proven. On similar reasoning, this court has held that a statement that could be understood to describe another as one who is not "a decent resident" cannot support a def- amation claim because it does not state or imply something amounting to slander per se, such as criminality, Taurus v. Borough of Pine Hill, 381 N.J.Super. 412,427-28 (App.Div.2005), aJpd in part, rev'd in part on other grounds, 189 N.J. 497 (2007); see also Romaine v. Kallinger, 109 N.J. 282, 291 (1988) (discussing slander per se). Page 4 Like a statement implying that one is not "de- cent," a statement that one is an "enemy" of a mu- nicipality does not imply any verifiable fact. Relying on the various contexts in which the phrase public enemy has been used over time, plaintiff argues that defendant's statement could be understood as calling him a traitor, an outlaw, a criminal or a pirate. That may be, but it could just as easily be understood to describe a person who disapproves of the town's leaders, the way they do business or their goals. We reject plaintiffs attempt to equate this state- ment of uncertain meaning to a "false attribution of criminality," which is deemed slanderous as a matter of law. Romaine, supra, 109 N.J. at 291. As previously noted, statements alleged to be defamatory or slan- derous must be assigned the " 'fair and natural meaning' " that would be assigned by "reasonable persons of ordinary intelligence.'" Id, at 290 (quoting Herrmann v. Newark Morning Ledger Co., 48 NJ.Super. 420,431 (App.Div.), gJfdon rehearing, 49 N.J.Supar. 551 (App.Div.1958)). So viewed, defend- ant's labeling of plaintiff as an enemy of Longport or its people could not be understood as anything other than name calling. Because defendant's statement did not imply any verifiable conduct or event and simply voiced his opinion, it cannot be proven false. Even if every res- ident of Longport other than defendant deemed plain- tiff to be a friend of the municipality, it would not make defendant's opinion false, because he did not imply that his view was universally held or was based on a verifiable event. *5 Our resolution of the case on the ground that this statement is not, as a matter of law, defamatory makes it unnecessary to consider the arguments ad- dressing plaintiffs status as a public figure. Affirmed. 2014 Thomson Reuters. No Claim to Orig. US Gov. Works. Not Reported in A.3d, 2014 WL 340104 (N.J.Super.A.D.) (Cite as: 2014 WL 340104 (N..1.Super.A.D.)) N.J. S uper.A. D.,2014. O'Boyle v. Isen Not Reported in A.3d, 2014 WL 340104 (N.J.Super.A.D.) END OF DOCUMENT 0 2014 Thomson Reuters. No Claim to Orig. US Gov. Works. Page 5 Millionaire deluges state attorney with public records requests after daughter's DUI convi... Page 1 of 1 Government Law Millionaire deluges state attorney with public records requests after daughter's DUI conviction Posted Mar 26, 2013 3:10 PM CDT By Martha Neil Corrected: At one time, Martin E. "Marty" O'Boyle was a political ally of Florida state attorney Dave Aronberg, helping him position himself to get elected. But after Aronberg refused to take a position concerning the 2011 misdemeanor driving- under - the - influence conviction o O'Boyle's daughter, Sara, the two parted ways. They still have regular dealings, however, due to the deluge of public records requests regularly submitted by O'Boyle, whose daughter has performed community service and paid a fine but is also appealing her conviction, reports the Palm Beach Post. Florida has one of the broadest public records laws in the country, allowing citizens to access material such as emails and texts. And Marty O'Boyle, determined to help his daughter reverse her conviction, is seeking to take full advantage c it, according to the newspaper. In a single month, a company he controls submitted 1,328 requests for public records to Aronberg and the office for the prosecutor overseeing Sara O'Boyle's case, after Aronberg recused his own office from doing so. The problem is, the public records requests submitted by O'Boyle's company— which, altogether, are among the most massive in state history— require review and redaction of records before they can be turned over, the newspaper explain: "I have been, and am, a supporter of the public records law," said State Attorney Bruce Colton of the 19th Judicial Circui whose office is now overseeing Sara O'Boyle's case. "But I think the law can be abused. When you look at the number c requests ... these requests could amount to an abuse of the public records law." Related coverage: Palm Beach Post (July 2012): "Dave Aronberg, millionaire ally behind stealth attacks in state attorney's race" Updated on March 27 to correct Aronberg's job title. Copyright 2014 American Bar Association. All rights reserved. EXHIBIT http: / /www.abajoumal.com/ news /article /millionaire_deluged_State _ attomeys_with_1328 Follow us on Thursday, July 3, 2014 1223 p.m. Subscribe I Todays papery Customer cars Sign In II Register LL r_�r(I� _r�yl�ffl �'c�ilf'fl r�,,1' Breaking news starts here Search Posted: 10:13 a.m. Sunday, July22, 2012 Dave Aronberg, millionaire ally behind stealth attacks in state attorney's race Syllf IF yPN iNuNK 91kry hf4QC fF[ 4 Related ByJOel Engelhardtand Adam Playfonl Palm Beach Post Staff Writers EXHIBIT W Waling handmade signs and grasping yellow balloons, a small group marched last fall outside State Atiomey Mcheel MrAUllffe's office, angrilycalling for him to resign. McAuliffe had dust negotiated a plea deal that meant Paul Michael Merhfge,who killed tourreletiws an Thanksgiving Day2009, would escape the death penalty. But moat of the protesters weren't there out of outrage. Theyware them because theywem getting paid. Theywere getting paid because the man who wanted M'A liffe's Job, Dare Arenberg, wanted a protest, butdldn'lwant his name linked to It. Since he could naldeliwr enough protesters himself, he asked a newfound ally, Gulf Stream millionaire Marty O'Boyle, to help. An O'Boyle asslstanllined up a partyplanner. And that's how a protestbumpeted on the nlghtlynews as an outpouring ofcommunityangef actuallystarred a half -down actors more acrostomed to playing princesses. Gowns and dinosaurs. Thatwas onlythe start. Owrfour months, Arenberg and O'Boyle learned up fora campaign ofattacks against McAuliffe, muffouslyskirting Florida laws designed to assure transparencyin elections, according to Interviews and documents obtained byThe Palm Beach Post. Theywotked in strict secrecy. Arenberg —now the front - runner for slate atlomey —had not yet declared himself a candidate, so he took help from O'Boyle without disclosing to the public whet otherwise would haw amounted to donations. For O'Boyle, it was Just one actin his relentless quest to wipe a DUI wnHclion off his daughters record. For Arenberg, it was an opporlunity to rake advantage ate millionaire's displeasure to undermine a dwl.Theymowd assertively, running adwrtisemenls, paying protesters and digging up dirt. At stake: one of Palm Beach Countys most important elected fobs. The state attomeyhas enormous discretion in deciding which criminal mass to pursue, including political corruption. Arenberg, then a statewide prosecutor, guided O'BOyle's efforts, ocroslonallyon taxpayer time. He smelled Instructions to O'Boyle's essistantfrom his BlackSerryduring work hours, a potential Halation of state rules. Once, he accepted a round -trip Ode to Tallahassee on O'Boyle's private plane. Throughout, Arenberg toyed with running. In one rare Instance, an email reveals Arenberg's Intent. Juslsixdays before he announced, he urged an O'Boyle employee to payfor Facebook ads, saying,'I Mink Iheyneed to can before I become a candidate.' Arenberg's collaboration with O'Bayle tapered off after Jan. 17,when McAuliffe — influenced In part he said, bythe nactymmpaign swirling around him — announced he would notseek re-election. Arenberg declared his candidacythree days laterand within sixmonths had raised 5471,000, none offtfrom O'Boyle. But In enlisting O'Boyle, Aronberg miscalculated, After months together, O'Boyle fumed on him, releasing to The Post hundreds of emalls — including about 100 written by Aronberg — documenting their contacts In the time before Aronberg announced. Ultimately. O'Boyle would Wm on The Pastas well. After a repartertold O'Boyle the newspaperwas checking whetherone of his exchanges with Aronberg could be Hewed as an attempted bribe, he told the paper that he was 'revIslting'tha Information he had pmvided "to conflrm Its validity and that the paper was not authodmd to use the intonnation orb attach his name to IL Everts later told the paper that O'Boyte's actions likelydid not meal the legal definition ofaftempled bribery. Aronberg. a Democral. refused repeated requests for an Interview to discuss his actons, addressing through his campaign manager only four afmom than BO questions asked In writing by The Past. Sent hundreds of pages of his own amalls and asked to verify them, Aronberg didn't respond. Ina one - paragraph statement, he blamed O'Boyle's revelaflons on one of his opponents: no- par"ndidate Robert Gem hman, a criminal defers attorney who represents O'Boyle's daughter. "This Is a dishonest political ateckcooked up bymyopponanl, Mr. Gerehmen —full ofmisrepresenlations and gross ehaggeretions; Aronbefg said. *As special prosecutor, I have always acted according to the lefterand spidlofthe laws ofthe stale ofFlodda and the policies of the Office of the Aftomey General. I'm proud ofmyremrd ofpmven ethical leadership as an assistant attorney general, special prosecutorand state senator.' The never- before -told storyof what happened when Dave Aronberg met MartyO'Bcyie, and whymey broke apart, offers a rare window Into how power and money Inlerseot to shape politics —and lives — In Palm Beach County. 'A4, viewin life Is: Take whatevershota you like alma, because IM a big bo and l can handle them. Butdontmess wlm myklds, mywife ormyhome. Don }dolt on . cause 171 come at you a1h every resource I hW_—..Salo ve. And ' — anlye'aa;Y, In r Amy MIe�M It was March 2011 and in downtown West Palm Beach, a spectacle filled the sky. Day after day, a plane circled the courthouse, trailing bannem:'Bewam thug prosecutors: 'Prosecutorial peduryis tyranny."Dump McAuliffe for prosecutor, vole for Elmer Fudd: The planes were a remarkable reaction to a common event M 2008 in Delray Beach, a police officer saw a woman driving 5 mph on a residential street at 323 a.m., with half hercar on the grass. The 19- ysar -old told him she had had two cocktails and a beer. She failed a bream test and was charged with misdemeanor OUL In Palm Beach County, prosecutors file an average of nine DUI cases every day. But that woman was Marty O'Boyle's daughter, and MadyO'BOyle Is an unusual man. The son ofa seamstress and a cabby. O'Boyle said he grew up In a tinyrowhouse In Woodland, N.J. At 17, he said, he dropped out of high school. By 18, he was married and had a real estate license. By24, he had four kids and his first million. That million grew Into many more. Starling in the 19TOs, he built hundreds of stores, including construction for the growing Color Tile and Pears Msion chains, Now he Is 60 and says his businesses —run from a 14- person office In Deerfield Beach — Include shopping centers and stores in about 25 stales, including Florida. In a fight over business Interests, O'Boyfa rarely backs down. In a fight for his family, rarely turns Into never. The traffic court case spawned a thick volume full of motions and countennotions, with Gershman arguing the case was tainted by police mlatakes and faulty bmaLh4ast equipment. It led to a three -dayjury trial. Sara O'Boyle was found gulltyin March 2011. She was sentenced to 75 hours of communityservice, a sls-month lass of her driver license and a $500 line. After the trial, MeryO'Boyie called the stale attorneys office and asked to speak to McAuliffe about the case. O'Boyle said he told the women who answered the phone: 'I want to sea Ill could just spend a few moments with him and see If them's anything that could be worked out.' O'Boyle wanted McAuliffe to drop the DUI charge, even after she served the sentence, to clear her permanent record, he said. j O'Boyle was told that McAuliffe wasn't aysllabie. McAuliffe told The Post he didn't know of O'Boyle's request unfil attar the banners began to fly. The legal Issues In the case didn't rise to his level, McAuliffe said. But the rejection angered O'Boyle. 'I Justsald to myself,'lhe guy won't give me the courtesy of 15 minutes of his IIfe7 "O'Boyle recalled. "Wall, let me show him what kind of courtesies I can give him: ' O'Boyle had brawled with authority before. In 2006, a permitting dispute threatened his LongporL NJ., waterfront home. O'BOye stack back with lawsuits. Planes trailing banners —one called the mayor a' puppet' —few over Longport's beach for months. 'Unfortunately when you're dealing with a body politic. they ham a lot of resources; O' Boyle said. 'Sometimas you have to enter the are a ofuncomenflonal we dare: Almost five years later In West Palm Beach, govommant once again stood in O'Boyle's way, He started a Twitter account under the nama'Bannerhlan' and began filing planes. It didn't help with McAuliffe. But the stunt drew atienflon. South county political operative Made Horenburger, who salon a chanty board with O'Boyle's wife, gave him a call. She asked: Would he like to meat Days Aronberg? O'Boyle replled:'Who's Deus Aronberg?" 'Dave —do you want me to take you —plenty ofmom and no problem? W071 get you there by 6pm or so. It will b e easy and you will be fresh, Advise' — M.ao'9gY r„uAoneMadenevp �,brlaTWnbrnM e'9eyYre,lr6ngnr Dave Aronberg, too, faced an obstacle in Michael McAuliffe. In 2002, Aronberg entered politics as a 31- year -old rising star —a charismatic, Harvard - educated state senator. But he left mid -term to run for ahomeygeneral in 2010 and lost in the Democratic primary. He found work quickly. Pam Bondi, the Republican who ultimalelywon the aftomey general's Job, made a spot for him as a $92,000 -a -year special prosecutor imestigating pill mills. But Aronberg was eyeing another elected job: MtAullffe's. Again, he faced a Democratic primary he might not win. True, McAuliffe had angered some influential Democrats by prosecufing Democratic County Commissioner Jeff Koons on corruption charges meythought were weak Loral attorneys. both in the criminal defense bar and within his own office, chafed at his style and decisions. Aronberg seemed a logical choice to oppose him: Popular with Democratic voters, he had long- standing poiWcal connections and could be a mwnous fundralser- But many prominent Democrats remained pledged to the IncumbsnL McAuliffe. Some urged Aronberg not to run, hoping to avold a divisive primary. He was warned that'itwould be the and ofmypolitical career; Arenberg said in a May TV appearance. O'Boyle, though, had plenty of money — and, with the banners, had shown a willingness to spend it lama riling McAuliffe. Arenberg roached out to Gersh man, O'BoAe's daughter's attorney and now Arenberg's rival for state site may. Back then, Gershman had no plan to run, but I t s eemed to him that Arenberg did. 'His pitch was he wanted financial support for his run and he vowed Many in that fashion; Gem hman said. Gem hman told O'Boyle he had talked to Arenberg. The political courtship between Arenberg and O'Boyle began In late July overlunch at The Office, a Del my Beach hot spot They started exchanging em ails. Arenberg peppered O'Boyle with links to stories about McAuliffe. O'Boyle gave Arenberg a cryptic heads -up to 'enjoy your lunch' at 'Banner's Coffee Shop around the Court House.' Two days later, as prom Is ad, a plane flew the banner. "Smile If you think Mkey McAuliffe is a pub" Arenberg asked O'Boyle to take a trip with him to Tallahassee. On Oct, 3, they draw to Fort Lauderdale, loaded Into O'Boyie's single - engine Cessna and flew north. The next morning, they met with apolitical consul lanL O'Boyle said that with Arenberg out of the room, consultant Screven Watson talked to him about paying $180,000 for four - page mailers targeting Palm Beach County Democrats. O'Boyle wasn't buying. Watson said he was sizing up O'Soyle at Arenberg's request. Watson's conclusion: The guy had money but never would be a reliable contributor. His real InlerestlayIn messing with McAuliffe. While theywere there, Arenberg took O'Boyle smund the Capital. They lunched, O'Boyle said. at Andrew's Capital Grill — home of the'Arenberg -er Spicy Veggie Burger; named during Arenberg's Senate days. Theyreviewed polling results with a police union lobbyist thalshowed Arenberg leading McAuliffe In a hypothetical matchup. Theydiscossed whether Arenberg should declare his candidacy. Theyvlsited the state Commission on Ethics to pick up a complaint against McAuliffe. Arenberg pressed the commission director to mplem why the complaint had been dropped, O'Boyle said. On the flight back, O'Boyle said, Arenberg continuously returned to a paint he had made on the way up. We just so wrong what they did to your daughter,' O'Boyle recalled Arenberg saying."I just can't believe theywould do such a thing" Protesters assembled outside the Palm Beach County state affomey's office Thursday momfng in opposition to a plea deal That sent Thanksgiving massacre killer Paul Michael M anhige to prison rorlile. More than a dozen people stood outside state affomay Michael McAullfle's office holding signs...' — w'EF.chamrl a IN w noon on Nov. to A few weeks later, a news a torycaughtAronberg's eye. At the end of October. McAuliffe agreed to a plea deal with Merhige. In 2009, Marhige had killed fourrelatives — including 6- year -old MalmAa Sitton —over Thanks giving dinner In Jupiter. The plea would put Merhige away for life and bring closure to one of Palm Beach Counlys most horrific crimes. But Jim Sition, Makayfa's father, detested th a deal and begged the judge not to take it. He wanted a Vial and than the death penalty. Arenberg saw an opportunity. After they first met O'Boyle assigned one of his assistants to work with Arenberg. Trained as a paralegal, the assistant, Denise DaMartinf, was one of O'Boyie's best. "She'll move a mountain with one hand," O'Boye said. Arenberg asked DeMartinl to organize a protest of the deal outside the state attorneys office. DeMartru began mating mountains. She and O'Boyle consulted lawyers to find outwhere protesters could stand. She directed another O'Boyle employee to make fliers and to order bright yellow balloons Imprinted wlth "DUMP MCAULIFFE." Theydrew up signs. Arenberg proposed several slogans, DeMartinl wrote In an email, including: 'McAuliffe coddles killers; "Resign, McAuliffe ,Resign; "Democrats Against MAW liffe" and — more strlkingly— "Justice for Makayla : The prolestwas almost ready. Onlyons thing was missing: protesters. Initially. Arenberg told DeM3ninl he would find them. But he came up empty. "He was of the mind, 'We gotta gal itdone, we gotta do IL You guys got contacts —you guys can gelit done,'" O'Boyle recalled. DeMarlml got it done. She called Kids Felrlyand, a Coconut Creek company that throws children's parties. Acontract called for '10 people to participate In Rally Protest: The cost: $1.400 for four hours. Afew protesters left early, so O'Boyle got a$500 discount On Nov. 10. a vldeographer hired byO'Soyle captured the scene. More than a dozen protesters walked in a loop in frontof the state attorneys office. Almost all were either O'Boyle employees or paid actors. O'Boyle himself wore a cap thatsald Drexel — his daughter's school —and a sandwich board:'MUwliffe Accept This Plea Resign: Arrest Immediately, Arenberg asked for a second protest —this time outside MUwliffe's campaign kickoff partyat E.R. Bradleys Saloon on the Flagler Drive waterfront. The that one was so much work and money, O'Boyle wasn't eager to do it again. But. Aanberg pushed, O'Boyle said. On Nov. 16 it happened, with six actors for $600. As theyprepared, O'Boyle emailed a worker who had put Arenberg's name in an email: *Arenberg's name is not to be mentioned: And In both cases, Arenberg was nowhere to be seen. ButAmnberg's presence was left. He drove bythe first pretest several times, sanding gleeful text messages to O'Boyle and DeMartmi, theysaid. And his hand was evident They used sevaral of his slogans, including "Democrats Against MAullffe' and'Resign, McAuliffe, Resign.' O'Boyfe"Dave —being the amateur that I am, I do not see a material difference in the ad& SDI can not give you intelligent Input' Arenberg:'Fairenough.... ill send u the one I prelerin a separate email.... Happy Thanksgivings' - NO,, Wl W 1.,IMY,IM.MW.qumy Even as they prepared the protests, Aronberg wanted O'Boyle to pay for a more traditional attack. One theme Amnberg thought would resonate: mmAmon rates. State statist= showed McAuliffe's office had the lowest miss in Florida. After McAuliffe resigned, those rates would be deemed stalisfical aberations by his replacement, Peter Anlonacci. Months earlier, however, the issue looked like campaign gold. Aronberg asked O'Boyle and DeMarhnl to place an ad in the Jewish Journal. The weekly newspaper targets a crucial Palm Beach County voting bloc —and one that's personal to both Arenberg and Mc- elite, who are Jewish, Aronberg provided the ad and Smelled DeMargnl contact information fora Jewish Journal ad amcullm. it ran Dec. 14 and cost O'Boyle $3,400. In bold letters, it proclaimed: ' Mchael MUUli11e Is Florida's Lowest Ranked State Attorney.* An imposing chart compered Palm Beach Counlys conviction rates with top- ranked Pinellas Countyand the much higher stale average. Across the bottom. It said, "We need a now stale atormy Below even that was a Onyilne of taxt'Peid for byFamlfies for Jus fice LLC.' The company had been incorporated two weeks before the ad ran. is registered agent was a willing O'Boyle employee. its name was picked byAronberg, afferthe employee rejected his first cholce,'Democrats Against WAulitfe." One ofAmnberg's trends gave the employee a script to read to use reporters called to ask whyshe had founded the gmup: "As a mother ofa child In Palm Beach County, twos so disturbed bythe state attorneys recent actions that I started this group to Inform the comm unity that Michael McAuliffe has put all ofoursafetyat dsk. The alarming facts speak for themselves' No one called. The ad was legal, several lawyers said In interviews, bemuse it didn't specificallyurge a vote for or against McAuliffe. tit had, Families for Justice would hove been forced to register as a political organindon. Inside McAulita's camp, the attacks were infuriating. ' Mchael was Ilke,'We need to respond to this, 'said W- Auliffe's campaign manager, Rlck Asnanl.'i was like,'Respond to who? We don't hake a target to shoolat" Internally, theysuspected Aronberg. Polls had surfaced, showing Aronberg as a viable candidate. Donors told Asnard Thal Arenberg had contacted them, urging them not to commit to McAuliffe. "There was an anti- McAull11e campaign being run behind the scones where the onlyons who would benefilfrom Itwas Arenberg; Asnanl said. *Hewes hiding In the shadows' 'Its so good, ft should b e spread overFacabookl: )' - wensas re p aeeyx .wptr.,.Ih As 2012 began, Arenberg was getting closecto declaring his candidacy. He began preparing a new attack. Almosta year before, one ofAmnberg's friends, Melissa McKinley, had filed an ethics complaint against McAuliffe. McKinley, an aide to Palm Beach Count's legislative delegation, accused MrAUllte offollowing herout ofa meeting and threatening her in the parking lot'He then told me I had better be careful about who I spenitime with," she wrote. He had seen hertalking to Mks Edmondson, a former McAuliffe aide who 1911 affera falling-out. The Florida Commission on Sir found no muse for the complalnt But MYKlnlay told Aronberg about it and In September he asked her bra copy. She didn't have one, so Wonberg and O'Boyle picked up the file during their October trip to Tallahassee. Later that month, M cKinlaywas called forjuryduty. She told Palm Beach County Circuit Judge John Kaslrenakes she could not sera. The exchange was captured on video. "I was threatened bythe state aaomey,' McKinlaysald to a stunned Kastrenakes. In an InteMew with The Post, MRKlnlay said she didn't know she was being videotaped. But she said she told Aronberg about the exchenge with Kastrenakes. Edmondson, who was helping Aronberg's furtive campaign, obtained a copy of the video, court records show. In January, the video appeared on Gossip Extra, a local webs Its run by ex -Post columnist Jose Lem blat. Almost Immedlately, Aronberg aat out to promote the video. '11's so good, II should be eproad over Facebookl , )' he wrote to DeMardnl. With in two days, working with a paid consultant Aronberg had created a Fambook ad linking to the Gossip Extra post "SHOCKING NDEOI Slate Attorney Mchael McAuliffe threatened a West Palm women and abused his power. Watch the video.." Aenberg personally directed the ad's designer, telling him in an small: 'I like the first one.... Can you us the lam 'Watch the video' as the last 3 words of the teaser?' Finally, he wrote on Jan. 13,'1 think they need to run before I become a candidate.,, and while the story is still fresh' The consultant's proposal listed Aronberg as his cl lent but O'Boyle paid the $500 bill. The ad large led Fambook users who "like' one of several local Democratic politicians. It launched on Jan. 14, a Saturday. By Monday, it had 440 clicks. But byTuesday, it no longer mattered. McAuliffe announced he was dropping out of the race to take a job with Oxbow Carbon, bllilonalre Bill Koch's enargycompany. Arenberg, rejoicing, thought the Facebook ad forced out McAuliffe, O'Boyle said. Told so byThe Post McAuliffe chuckled. The attacks, he said, didn'tform him out But the 'prospect of an Insurgent primary campaign ... made me more open to alternatives' Without the attacks. M might never have opened the door" to private - sector apportunites at that point he said. By Thursday, Aronberg had launched his campaign for slate attemey.'rho most Important thing is that the next state atorneyneeds to have a passion forjusfica; Aronberg told WPN Channel5. 'So Do"— I gat the screwing ofmyllfe. Both you and Gershman have taught me good... and the bad thing is thatmy daughtersugers. A sad day, which only Alzheimers Wil remove from mymemory. In any event, I couldnl have been mom honest orblunt. I only wish thet you shared my views on how Mends heat friends.' -oeey p,NUe,wros, pe B With McAuliffe out ofthe race, Aronberg's work with O'Boyle and his assistant slowed. Formonths, DeMartnl had been filing public records requests crafted and edited by Amnberg, emalls show. The requests, sentto public agencies, aimed forInformafion about McAuliffe. DeManinl turned the responses overlo Arenberg. When there was a charge, O'Boyle paid the bill. Arenberg pressed DeMamni to follow upon one request that was still pending• He wanted McNdiffe's em all emhanges with The Posts editorial board, which had been critical of Aronberg. When Amnberg felt the request had been unduly delayed, he wrote to D®Msrtinl: *You may want to have a lawyers end a reminder letter. I assume Many would agree ?' DeMadmil sent the errata to Aronberg on Feb. 24. Six days later they appeared on two local webs ties. Including Gossip Extra. Despite being an official candidate, Aronberg newrdeclamd DeMeninl's help as a campaign contribution. But the Web postings would prow useful to Aronberg's campaign. After The Post ran as tory in June about Arenberg, he linked to one of them In an am ail to supporters, wrting that the paper's "false accusations and manufactured sources haw been discredited by Independent observers' Mostly. though, Aronberg's relationship with O'Boyle shifted. Now Thal he had an official campaign, he asked O'Boyle loran official wntrtbuticn. Atfirst, O'Boyle said.Amnberg asked for$60,000. For O'Boyle, thalmeanlmore than writing one big check. State law caps donations at $500 per person; O'Boyle would haw to find a bundle of 160 $500 checks — from himseH, his companies, family members, employees or Mends. 'Wow, that's kind of strong, Daw; O'Boyle recalled saying. Instead, he offered Arenberg $25,000. Arenberg readilyagreed, writing In a Jan.30 email that f ur commitment o(mising $25K goes a long way.' Butweeks passed, and O'Boyle didn't sand Amnberg the check. Instead, he senthlm documents from his daughters case. By then, O'Boyle said, he had spent $26,000 helping Amnberg. *1 sold to mywlfe,'Befors I put up another $25,000, I want to make sure that this guy is thinking like we're thinking, O'Boyle recalled. Aronberg never e)plidfiyhad promised to help, O'Boyle said. But O'Boyle said he believed he and Aronberg had an understanding. 'Dow kept saylng:'1 can't belleve they did this to your daughter. I Just can't belleve theydld this. So wrong for them to do. You know that MaPulige, I can't bellow he did thisr Now when somebody's saying that to you about your daughter, whet ere you thinking?' O'Boyle asked. In mid -W rch, Arenberg prepared for an end-of -month deadline to disclose for the fimt dme how much moneyhe had raised since announcing his candidacy. He wanted to deliver a huge sum to deter potential opponents. One opponent already had been scared off. Clrcuit Judge Knsta Marxhad considered running as a Republican, but backed down, The Post reported, aftershe received threats linked to Aronberg. On March 16, O'Boyle sold, he metwith Aenberg for neariythree hours in his Deerfield Beach office. His account of that meeting, provided to The Post without variation In several Interviews, went like this: O'Boyle asked Aronberg what he thought of hls daughters case. Arenberg demurred. Finally, Amnberg said that If he were elected, he would turn the case over to an assistant prosecutor, who would haw final say. O'Boyle pressed.1 said.13ta you're the boss; you should decide what should happen. Arenberg fled the mom.'I chased him Into the parking lot.' O'Boyle recalled. 'I sald,'Al least say goodbyel" Later, Horenburger —the women who had Introduced Amnberg to O'Boyle —told O'Boyle that Arenberg thoughl0'Boyle had been wearing a wire. O'Boyle was IlAd. 'Here's the way I read It I've got your moneynow.I don't need you. I'm getting out of here,' O'Boyle sold. O'Boyle neverdellvered the $25,000 contribution. 5611, ai@rthe meeting, both O'Boyle and Amnberg did one fawrfor the other. AtAmnberg's request, O'Boyle approached Gershman, his daughters atbmey, who bythen was considering his own con forstate afiomey. O'Boyle told Gershman he stood no chance againsl Arenberg, Gershman responded bltledy, O'Boyle said, and threatened to drop his daughter's case. Gershman said he was disappointed butmesnl onlythathe would withdraw from representing O'Boyle In two col suits related to the DUI arrest He still represents O'Boyle's daughterin her criminal case,whlch Is being appealed. Aronberg, meanwhile, helped O'Boyle line up a meeting with the new slate atlomey— Mlonacd, an old friend —to discuss the DUI case. `Pala Mtonacci will meetwith you and you should rail his assistant' Aronberg said In a March 20 wicemail leftfor O'Boyle 's in -house attorney, Bill Filing. Arenberg provided a number. Mtonacci took the meeting. Mtonaccl told The Post that Aronberg had nothing to do with It. *I'm a publicserwnt; he said. "I meetwith everybody.' On April 3, Mlonacd sent O'Boyle a letter calling the legal arguments In Sara O'B"e's case 'want The state would let her appeal playout Mtonacci wrote. On April 9, it all came to a head. Meny O'Boyle wrote Aronberg a scathing email. Gershman would not enlerthe rece, O'Boyle predicted. But he had lost Gershman as a Mend and an attorney, he wrote. The lager loss would coat O'Boyle $30.000, he told Amnberg — the price for a new anomey to catch up on the lengthy recard in his daughter's DUI case. 'I golthe screwing ofmylife; O'Boyle wrote. 'Both you and Gershman haw taughlme good.' And in reference to Aronberg's fears that O'Boyle mayhem been recording their conversation, O'Boyle added:9f you wanito spend a few minutes and haw a chat chit we could haw it in a steam bath and I will agree to a rectal so there Is no concern that I am wearing a wirel' Aronberg never responded. In April, he reported raising $275,000, none ofit from Many O'Boyle. Soon after, Gershman entered the race. O'Boyle remained angry.'Iwas swindled; he sald.'There's no doubtin mymind.' In May, Marty O'Boyle got a phone call from a Post reporter. He reamed the =11. And started talking. SHADOW CMIPAIGN: Read more • Series homepage • Did Arenberg break the law? • Details on $3,400 advertisement snacking McAuliffe • Arenberg leaked smalls between McAuliffe, Post • How The Poslgat confirmed the story More News We Recommend • 2 women killed, l In critical after hit- and- run (PalmBeachPostrom) • Authorities: Arrest 'Imminent' In Wellington gas station homicide (PSIMBeachPost.com) • NC Lottery (PalmBeachPostcom) • Delray Beach woman wins E6 million wrdictagainst tobacco company (PalmBeachPosl.com) • Report: 12- year -old makes up abduction storyto amid dentist (PalmBeachPosLcom) • Burger King introduces gay Whopper(PalmSeechPosLwm) From Around the Web • El Paso Releases Video of Cop Executing Handcuffed Mon— Where's the Anger? (VICE) • Man Who Assaulted Dad After Flnding Him In Bed With His Wife Gels Oft Easy(Sfirdng Dally) • Teen Dies an Vacation After Drinking Energy Drink (Sliming Deily) • AGrleNng Falher Pulls a Thread That Unravels BNP's tilegal Deals (The New York Times) • Life insurance: whatyou don't know could hurtyou(Black Enterprise) • Women Is Found Hanged In Indian State (The New York Times) P) Comments tyou would like W posts comment please Sign In or Register Cancel Edit comment 59 Camment(s) Comment(s)1 -20 of5g neat ,last» • Posted byTmficArenger This comment has been removed for �Aolaton of the visitor agreement. A. • Posted bylealadyst 11:07 a.m. Jul. 22,2012 • Report Abuse Mr. Arenberg will not have my valet Indeed, can anyone vote for Mr. Aronberg after reading this? More dirty politlesas- usual. Nonetheless, We The People are not fooledl PACs and Super -PAC's can buy all the ads they want, most voters know the true game now. Whenever we see an "ad" about on "Issue", we know who's behind It.. and why. NO ONE thinks such ads are Impartial: theyam disingenuous distortions, half-truths. and outright lies. And we think even LESS of the peoplelcorporatlons who buy these ads. Great scoop, Palm Beach Post wdtemll • Posted by FatCal0711 all 1:28 a.m. Jul. 22, 2012 • Report Abuse yd still vote for him, and I'm aura manyothers will.I mean, this is FLORIDA, people actuallywted for Rick Scott. • Posted byPBSOTelk at 11:50 a.m. Jul. 22,2012 • Report Abuse Yes, great swop. Typical Palm Beach Post not crediting PBSOTelk.com, who proNded the start ofthis storyand sent them the information In April, complete with laws, to get the ball rolling. Its amazing t1mywill use PBSOTalk.com Information the owner proMes to them yet theypublicly disaww the site, linking it to disgruntled deputes. There Is more documented compton on The Sheriff than Sheriff Bradshaw's friends at the Post will aver discover or write about Thanks Joell I ham to go see a doctor now to see if they can remove the knife from my beck. • Posted by TndhWinb This comment has been removed for Nolation of the visitor agreement �y • Posted by JupterGuy at 12:06 pm. Jul. 22,2012 • Report Muse But tea lady, the big moneycorporatons have been backing the tea partyfor years. Theysm backing almost everylea partycandidate running foroffics this year, as wall as the Presidential campaign. Whathappened to the grass mats organimtion that the tea party used to be? ..x • Posted byThomasi i at 1221 P.M. Jul. 22,2012 • Report Abuse O'Boyle has zaro ethics, and everything you need to know about Aronberg comes from his close associlion with O'Boyle. OBoyle is the typical rich piece of crap who want his daughter exonerated, not because she's Intent, but because he's rich. �7 U • Posted bymetalisback This comment has been removed for violeton of the visitor agreement ,3, • Posted byteemen This comment has been removed for violation of the visitor agreement • Posted by SnedlyPackle at 1:12 p.m. Jul. 22, 2012 • Repart Abuse Palm Beach politics, especially In the judlciatlegal arena, areas weird and bizarre and sieazyes Mayans shot through with abysmallylow, attics (if any), populated by hypocrites and bullywannabes. Judges (both stale anbd federal) talk to attorneys about cases before them, privately and out of court People who shoud be calling things as theysee them are Instead either protecting their buddies or covering their own chops. Amnberg is a supreme hypocrite who everybody knows long ago sold out to Moyle. O'Boyle is a New York schlemlel who fell Into his own cesspool and managed to grasp onto some precious stones (cerlainlynot his own) an the way out. -but has never lost the stench. The countyls a really improbable coo bination of backwater hicks and nouveau riche anivistes, cranky little brats angry because somebody else has wandered Into what theythink to be their priwte sandbos(es); people of low or no class who use whatever money they have to try to buy statuses and reputations they don't deserve and haven't earned. The Into dramas laid out In this storyare simplynaw Installments in an ongoing telenomia, possessed of the same low quality characters and plot lines. Those who populate them are all trailer trash, even If some of their Imilem have been externally glitasd up. They all deserve one another; but, please, keep them all Inside the county lines. Theyre s urelynot wanted nor welcome anyplace also -- except, from time to time, to pickup other people's tabs. ,) •, a.J • Posted bya7d31709-e98641bcc- 9770463890 at 1:54 pun. Jul. 22, 2012 • Report Abuse Thanks Palm Beach Post for uncovering Mr. Aronberg's we colors. He cerlainlydid not team these sieamball tactics at Harvard. Or, maybe he dldl Mr. Amnberg needs to permanentyrathe from any position of public trust So long, farewell, auf wiedereehen, goodbye, Goodbye, Goodbye, Goodbyel • Posledby Garylflll This comment has been removed forviolaton of the visitar agreement. p r.l b t • Posted byTruthshallselyau free at2:04 P.M. Jul. 22,2012 • Repod Abuse Aronberg is disgusting. Ran out of meeting because he thought O'Boyle was wired] Thai's what we call consciousness of guilt. He wouidnY know bemuse he has never tied a rase. So Pnlonaccl Is Aronberg's buddy? How wnwnlent Explains why certain judges have been targeted bythat ofim. Funny how Pete has time to file himlous motions at the behest of Dew and meet with Aronberg's supporter about his DUI but does not haw time to investigate serious allegations relodw to his buddy Dam. Lei's be clear: moneywas spent by Oboyie for Dave's upcoming campaign: illegal. Dam alluded to how'awful'the DUI was handled and he alluded to expunging the crime and that's how he got the money. bribery. He threatened Judge Mann He conspired to remove Judge Cohen, with Antonacol's help. He hangs oulwith the most CORRUPT individuals In this countyinduding Mery(I'm a convicted felon but I still think Im relevant end powerful) WCary. We need help and fast We need the fads. I urge awry person in PBC to call our local FBI branch because we can't haw a state atomeywho Is uiminal himself. This Is just like the Babock furniture DUI debaucle. Pay to play. I can seethe swearing in: Burt, Andre, Fumad, McCarty and every other cancerous 'poli0cal operative' In PBC. Oh, and they will also own Jaime Goodman it he gels elected bemuse McCarty Is running his campaign. Remember Take back the judidary McCarty and Rebecca Shelton do. Ns all to make sum they can cangnue their criminal behavior and shakedowns w/o an SA who cares, i would like to thank Joel and the Past bemuse this is getting atiantion...from authodfies who enjoy slapping the culls on aelf- prodalmed'rockstar' Dave. You can't gettha Aron- burger In jail so enjoy now. Antonecci...your In overyour head. Watch your 5 because I think you would make a great prison trustee hJ, I.—_i • Posted by Dougles3 at228 p.m. Jul. 22,2012 • Report Abuse Need a connection from Aronberg to MaryMCCaryR Trygaing through her mother Jeanne Raywho recantlyworked as a receptionist farAmnberg. Aronberg should quitthis ram. He has proven himself unfit to serve In anygovemment capacity. You can't cleanup Palm Beach County byputting dirt In charge of the brooml • Pasted by Tmthshallsetyoufree at 225 p.m. Jul. 22, 2012 • Repod Abuse And to all the lawyers who am a blind eye to this and continue to treat Dave Ilk' royellybecause you think It's a given he will be SAand you wantto Ingratiate Yourselves ... getsome morals) We took an oath to uphold the [awl tyou condone his behavior and the' ofhle'supportem'just dp up your bar card bemuse you are as bad as him. I can't wait for the front page photo ofhim, handcuffed, being led to an awali ng blacked -out SUV. Irs Imminent. h._.s • Posted by RobertBHaigh at2:47 p.m. Jul. 22,2012 • Report Abuse So, let me get this sbaighl: • Aronberg and his allies skirt the law on bribery, *Aronberg and his allies skirl the law on blackmail, •Aranberg and his allies skirt the law on extortion, *Aronberg and his allies skirt the law on slander, *Aronberg and his allies skirt the law on defamation. Yep, pay to piayis alive and well In Palm Beach County. Resign? No, he should be in ajall call swelling trial. I knew more than a decade ago that he would do anything — and I mean ANYTHING —to move his way up In office. Let me guess, with his eyes next on running for Gavemor. Mark mywords: if he gets elected to the position of State Attorney, he will run for Governor within ten years and the comuption will be much, much worse. If this doesn't get the fads Involved (once again) then nothing will. I also agree with the previous poster, malady, these corporate blgwigs have been funding the Tea Partyfora long time. Watch how quickly the Tea Partyboii's files down to a 'simmer' if Romney is elected President. (And the ullre•rich orgyof asset transfer from the middle-class to the 1 %will resume at an accelerated pace.) ti� • Posted by RegularJoe at 3:45 p.m. Jul. 22, 2012 • Repart Abuse Can you believe Made did this again? Marie Horenburger has been the campaign manager and consultant for 10 years for suspended Mayor Jose Rodriguez Look at what crook he 13111111111 Rodriguez used to be buddybuddywith Mt. MM, Marie is BFPs with Anne Gannon who Is smarter then DAVE bemuse when she got out of Tally then Made made It happen with Gannon's axchiefjob as the CONSTITUTIONAL THIEFf �y • Posted byyoumildumb at 3:48 p.m. Jul. 22, 2012 • Report Abuse You cannot believe a single word put out by the liberal rag known as the Palm Beach Past. Theyhave their own agenda and will spin as tory to fit the outcome theywant. Aronberg has a good track record and has served the Sate of Florida well. He should be judged on past performance and not the attacks of a bankrupt newspaper that is so poodymn It is actually printed by the Sun Sentinel for them. This paper has as pacific hatred for Aronberg that has no basis In this mce.The facts are the facts. L. `J • Posted by kola123 at 3:52 pun. Jul. 22,2012 • Report Abuse I think this whole art cie Is a crock of crap, Look to the REAL problems In Palm Beach County, Ma. Maras and friends. Posted by John Barbieri at 4:28 P.M. Jul. 22, 2012 Report Abuse Palm Beach Countypolitics are unsavory to begin with. Aronberg comes across as a paNculsdynasy place of work even for us. Here's hoping that the voters will do themsehes and the county a big favor bystopping his 'public seMce career• at the nett election. 59 Comment(s) Comment(s) 1 -20 of 59 nerd >lasl» Westlaw. Page 1 436 Fed.Appx. 449, 2011 WL 3510250 (C.A.6 (Tenn.)) (Not Selected for publication in the Federal Reporter) (Cite as: 436 Fed.Appx. 449, 2011 WL 3510250 (C.A.6 (Tenn.))) H This case was not selected for publication in the Fed. anal Reporter. Not for Publication in West's Federal Reporter See Fed. Rule of Appellate Procedure 32.1 generally governing citation of judicial decisions issued an or after Jan. 1, 2007. See also Sixth Circuit Rule 28. (Find CTA6 Rule 28) United States Court of Appeals, Sixth Circuit. Martin E. O'BOYLE, Individually and as General Partner in New Midland Plaza Associates; Catherine O'Boyle, Individually and as General Partner in New Midland Plaza Associates; New Midland Plaza Asso- ciates; Commerce Partnership No. 1147; Commerce Partnership No. 1171, Plaintiffs — Appellants, V. SHULMAN, ROGERS, GANDAL, PORDY & ECKER, P.A.; Ross D. Cooper; Mark S. Guberman, Defendants — Appellees. No. 10 -5551. Aug. 11, 2011. Background: Former clients filed legal malpractice action against law firm and attorneys. The United States District Court for the Eastern District of Ten- nessee, 2010 WL 1408444, dismissed complaint, and clients appealed. Holding: The Court of Appeals, Kethledge, Circuit Judge, held that action was untimely. Affirmed. West Headnotes Limitation of Actions 241 X95(11) 241 Limitation of Actions 24111 Computation of Period of Limitation 241II(F) Ignorance, Mistake, Trust, Fraud, and Concealment or Discovery of Cause of Action 241k95 Ignorance of Cause of Action 241k95(10) Professional Negligence or Malpractice 24lk95(11) k. Attorneys. Most Cited Cases Under Tennessee law, clients knew or had reason to know of their injury as result of their attorney's alleged legal malpractice during mortgage dispute, at latest, when court dismissed all of clients' claims and ordered them to pay fees to attorneys, and thus legal malpractice suit filed more than one year later was untimely. West's T.C.A. § 28- 3- 104(a)(2). •449 On Appeal from the United States District Court for the Eastern District of Tennessee. Before: MOORE and KETHLEDGE, Circuit Judges; MARBLEY, District Judge." FN' The Honorable Algenon L. Marbley, United States District Judge for the Southern District of Ohio, sitting by designation. KETHLEDGE, Circuit Judge. ••1 Martin O'Boyle, Catherine O 'Boyle, and their partnerships (collectively, "O'Boyle ") owned a large shopping center in Tennessee. In 1988, O'Boyle mortgaged the shopping center for S8.9 million. He defaulted on the mortgage in 1998. The bank that held the mortgage note foreclosed on the center in April 1999. After unsuccessful negotiations to end the EXHIBIT © 2014 Thomson Reuters. No Claim to Orig. US Gov. Works. Page 2 436 Fed.Appx. 449, 2011 WL 3510250 (C.A.6 (Term.)) (Not Selected for publication in the Federal Reporter) (Cite as: 436 Fed.Appx. 449, 2011 WL 3510250 (C.A.6 (Tenn.))) mortgage dispute, O'Boyle sued various defendants in O'Boyle sued the Defendants in New Jersey state Tennessee state court. He essentially claimed that court in December 2008, claiming that he had lost the these defendants had conspired to bankrupt his part- Tennessee case as a result of their alleged malpractice. nership and to take unlawful control of the center. The Defendants removed the case to federal court. Representing O'Boyle, among others, was the law O'Boyle voluntarily dismissed the suit and refiled in firm of Shulman, Rogers, Gandal, Purdy & Ecker Tennessee federal court in April 2009. That case is the P.A. ( "Shulman Rogers "), * and specifically two of one now before us. The district court dismissed its attorneys, Ross Cooper and Mark Guberman (we O'Boyle's claims as untimely under Tennessee's refer to Shulman Rogers, Cooper, and Guberman one -year statute of limitations. This appeal followed. collectively as "Defendants "). In December 2004, the Tennessee circuit court granted summary judgment for the defendants in that case on each of O'Boyle's claims. On September 27, 2005, the court also ordered O'Boyle to pay over $1.6 million of fees and costs to those defendants, per a loser -pays provision in the mortgage note. O'Boyle moved to amend that order that same day. In De- cember 2005, the court denied both that motion and a separate motion to vacate its December 2004 sum- mary-judgment order. The court then entered judg- ment against O'Boyle. The state -court defendants moved for sanctions against O'Boyle in January 2006. The Tennessee court granted this motion in November 2006, ordering O'Boyle to pay $125 million to the defendants and $5,000 to the court. O'Boyle thereafter moved to amend the sanctions order. In January 2007, the court granted this motion and vacated the $1.25— million award, so long as O'Boyle paid the $5,000 sanctions awarded to the court. Meanwhile, in October 2006, Shulman Rogers and Cooper entered into a tolling agreement with O'Boyle. Guberman was not a party to the agreement. The agreement stated that it did not revive any claims that had already become time - barred. The agreement expired in October 2007, but Shulman Rogers and O'Boyle extended it through February 2009. Cooper did not sign the extension. We review de novo the district court's determi- nation that O'Boyle's suit was untimely. See In re NM Holdings Co., 622 F.3d 613, 618 (6th Cir.2010). The parties agree that Tennessee's one -year statute of lim- itations applies. See generally Tenn.Code. Ann. § 28- 3- 104(ax2). The statute begins running when the plaintiff knows or reasonably should know that he was actually injured by his attorney's malpractice. See John Kohl & Co. P.C. v. Dearborn & Ewing, 977 S.W.2d 528, 532 (Tean.1998). Although knowledge "is usually a fact question for the jury to determine," Wyatt v. A —Best, Co., 910 S.W.2d 851, 854 (Tenn.1995), a defendant nonetheless is entitled to dismissal for failure to state a claim where "the plain- tiff undoubtedly can prove no set of facts consistent with its allegations that would entitle it to relief." La. Sch. Earpa. Ret. Sys. v. Ernst & Young LLP, 622 F.3d 471,477-78 (6th Cir.2010). * *2 Here, O'Boyle's own pleadings state that the Defendants had "repeatedly advised [him] that [his] claims would defiantly withstand any motion for summary judgment and would, to a reasonable prob- ability, result in a successful outcome[.]" Compl. ¶ 19(c). Those assurances were proven false in De- cember 2004, when the Tennessee court dismissed all of O'Boyle's claims. Thus, by then O'Boyle had reason to know that he had been injured by the Firm's alleged malpractice. And O'Boyle had all the more reason to know that alleged fact by September 2005, when the court ordered him to pay over $1.6 million in fees to the defendants. Both of these dates precede by more 0 2014 Thomson Reuters. No Claim to Orig. US Gov. Works. 436 Fed.Appx. 449, 2011 WL 3510250 (C.A.6 (Tenn.)) (Not Selected for publication in the Federal Reporter) (Cite as: 436 Fed.Appx. 449, 2011 WL 3510250 (C.A.6 (Tenn.))) than one year the date of the tolling agree- ment —which means that O'Boyle's claims are un- timely. *451 The district court's judgment is affirmed. C.A.6 (Tenn.),201 I. O'Boyle V. Shulman, Rogers, Gandal, Pordy & Ecker, P.A. 436 Fed.Appx. 449, 2011 WL 3510250 (C.A.6 (Tenn.)) END OF DOCUMENT 0 2014 Thomson Reuters. No Claim to Orig. US Gov. Works. Page 3 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail November 4, 2014 Airline Highway, LLC [mail to: records @commerce- group.com] Re: GS #1203 (733) 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: recordsna,commerce- sroun.coml, This letter provides you with the full production of public records you have requested on July 31, 2014. Your original request can be viewed at the following link: http://www2.gulf- stream.or¢/W ebLink8 /0 /doc/ 17382/Paeel .aslx. You can find the responsive documents at the same link. We consider this matter closed. Sincerely, Town Clerk Custodian of the Records