HomeMy Public PortalAboutPRR 14-1238RECORDS REQUEST (the "Request ")
Date of Request: 7/31/14
Requestor's Request ID#: 750
REQUESTEE: Custodian of Records Town of Gulf Stream
REQUESTOR: STOPDIRTYGOVERNMENT. 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 28 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 says that [Martin O'Boyle] is perpetuating unethical and abusive activities ".
In that connection, we would ask Attorney Sweetapple to provide all Public
Records which demonstrate such unethical and abusive activities.
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 REQUESTER 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 25, 2014
Stopdirtygovernment, LLC. [mail to: records @commerce - group.com]
Re: GS #1221 (740), #1226 (742), #1227 (743), #1228 (744), #1232 (746), #1233 (747), #1234
(748), #1238 (750)
Please provide all Public Records confirming the language inserted in the last sentence of
paragraph 18 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 Attorney Sweetapple relied upon in making the statement
in paragraph 20 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 wasfeled by Attorney Sweetapple.
In paragraph 21 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 "O'Boyle has abused the legal system in several states... ". Please
provide all Public Records pursuant to which Attorney Sweetapple relied upon in making the
statement in "quotes"
In paragraph 23 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 Attorney
Sweetapple has relied upon in making the statements he did in that paragraph 23.
Please provide all Public Records in connection with Jonathan O'Boyle, beginning on January 1,
2014 through the date of this Request.
In connection with the last line of numbered paragraph 26 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, please provide all Public Records which Attorney
Sweetapple referred to or utilized when making the statement that "[Martin E. O'Boyle's] has
engaged in the use of intimidation, threats, extortion or slurs, in connection with Jonathan
O'Boyle's alleged interstate law firm.
In connection with the first indented paragraph under numbered paragraph 27 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, please provide us with all Public
Records which demonstrate that Attorney Sweetapple and /or any of his clients (during Attorney
Sweetapple's representation) were sanctioned or given a rebuke by a judge, a mediator or an
arbitrator.
In numbered paragraph 28 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 says that [Martin E. O'Boyle] is perpetuating unethical and abusive
activities ". In that connection, we would ask Attorney Sweetapple to provide all Public Records
which demonstrate such unethical and abusive activities.
Dear Stopdirtygovemment, 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:
htto: / /www2. gulf- stream. ore /W ebLink8 /0 /doc /17422/Page l .ash
httv://www2.gulf-stream.org/WebLink8/0/doc/I 7432/Paiiel .asnx
htti)://www2.gulf-streain.org/WebLink8/0/doc/I 7434/Pagel . asox.
httii://www2.gulf-stream.org/WebLink8/0/doc/17436/Pagel.aspx
httv://www2.gulf-stream.org/WebLink8/0/doc/I 7444/Pagel .aspxx
httv://www2.gulf-streatn.org/WebLink8/0/doc/I 7446/Pagel .aspxx
httv:// www2.gulf- stream.org/WebLink8 /0 /doc /17448/Pagel.aspxx and
http://www2.gulf-stream.org/WebLink8/0/doc/17457/Pagel.asox 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,
V.
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
O'AND 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 Finn "), as a Florida foreign profit corporation, the O'Boyle Law Firm
LAW OFFICES OF SWEETAPPLE, BROEKER & VARKAS, P.L.
20 S.E. 3RD SMET, BOCA RATON, FLORIDA 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.
2
LAW OFFICES OF SWEETAPPLE, 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)
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 here 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."
8. 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 SWEErAPPLE, BROEKER & VARKAs, P.L.
20 S.E. 3PO 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 "I ".
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 MESSAGE
06/05/14
@ 2:00 pm
Banner Plane
"JONES FOSTER CLIENTS, CHECK YOUR
BILLS"
06/06/14
@2:00 pm
Banner Plane
"JF DON'T DRINK & DRIVE — WE'LL BE
WATCHING"
06110114
@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 JF"
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 "2 ", 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 113 ") 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. 3"° STREEr, 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 S WEETAPPLE, BROEKER & VARKAS, 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)
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 "4 ". 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 lsen 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 armed 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 115 ").
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 "61').
LAW OFFICES OF S WEETAPPLE, BROEKER & VARKAs, P.L.
20 S.E. 3PD 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.
JA] 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 Malautea 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
lawjurisprudence 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
LAW OFFICES OF SWEETAPPLE, BROEKER & VARKAS, P.L.
20 S.E. 3R° STREET, BOLA RATON, 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), cert. dismissed, 336 So.2d 572
(F1a.1976); see also Louis S. Raveson, Advocacy and Contempt: Constitutional
Limitations on the Judicial Contempt Porver, Part One: The Conflict Between
Advocacy and Contempt, 65 Wash.L.Rev. 477, 539 -40 (1990).
Carnival Corp v. Beverly, 744 So.2d 489 (Fla. 151 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. 3`d Street
Boca Raton, Florida 33432
Telephone: (561) 392 -1230
E- Mai !:pleadings @sweetapplelaw.com
ROBERT A. SWEETAPPLE
Florida Bar No. 0296988
LAW OFFICES OF SWEETAPPLE, BROEKER & VARKAS, P.L.
20 S.E. 3 R° 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 3`d 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:)- 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:)- 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;
jrandolph@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. 30.0 STREET, BOCA RATON, FLORIDA 33432 -3911
JO NESFOS TEliza.
J0IINSIaN&SIU0115. VA.
June 4, 2014
VIA EMAIL (wring(ocommerce- 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 -0450
Fax: 561 - 6505300
irandolphQonesfoster corn
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, FOSTER, JOHNSTON & STUBBS, P.A.
By
John C. Randal h
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Detail by Entity Name Page 1 of 2
Detail by Entity Name
Florida Limited Liability 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 06/06/2014
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.
1280 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 I View image In PDF format
1 d
http:H search. sunbiz. org / Inquiry/ CorporationSearch/ SearchResultDetail /EntityNameIflal -I1... 6/11/2014
Excerpt from the meeting of the
Town Cmmission held on 6 -13 -14
listed on Agenda as Item VII.
Camunications A.2. from Residents
(5 minutes maximinm)
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 JUs 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
tell 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 let 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 Mrgan: 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
.... -.. -.. -U r..a 1 .. - ...... -- a- 1U.. I -Ul .. n.......i ....
Westlaw
Not Reported in A.3d, 2014 WL 340104 (N.J.SuperA.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, on the brief).
David W. Sufrin argued the cause for respondent
(Zucker Steinberg Sonstein & Wixted, 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.rt'' For
the reasons that follow, we affirm.
FN I. 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 Longporfs planning
and zoning boards between January 2007 and January
2010. He was a long -time and year-round resident
of Longport, 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 floodplain regulations
0 2014 Thomson Reuters. No Claim to Orig. US Gov. Works.
g EXHIBIT
1 q
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:IA -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
convening 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 be
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 Longport's 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.
C 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 Ltfe Ins. Co. of
Am., 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-
eluding 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. 7tvp. 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), cart. 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. Tur, j'Lawnmower 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. 229,239 (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.
m 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.))
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. /d at 18, 110 S.Ct. at 2705, 111 L. Ed2d 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.
!d. at 20, 110 S.Ct. at 2706 -07, 111 L. Ed2d 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.
/d 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. Tmtrus v. Borough of Pine Hill, 381
N.J.Super. 412,427-28 (App.Div.2005), aff'd 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.' "!d. at 290 (quoting
Herrmann v. Newark Morning Ledger Co., 48
NJ.Super. 420,431 (App.Div.), afd on rehearing, 49
N.J.Super. 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.
&7i rit 11 .1
® 2014 Thomson Reuters. No Claim to trig. 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.))
N.J. Super.A.D.,2014.
O'Boyle v. Isen
Not Reported in A.3d, 2014 WL 340104
(N.J.Super.A.D.)
END OF DOCUMENT
® 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 Arenberg, helping
him position himself to get elected.
But after Aronberg refused to take a position concerning the 2011 misdemeanor driving- under - the - influence conviction c
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 1 gth 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
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Posted: 10:13 a.m. Sunday. July22, 2012
Dave Aronberg, millionaire ally behind stealth attacks in state attorney's race
S41tr IF r0u lift k'tEY kr4utIFFF t,
Related
By Joel Engelhardt and Adam Playford
Palm Beach Post Staff Wdtere
yg EXHIBIT
A
Waving handmade signs and grasping yellow balloons, a small group marched last fall outside Stale ACOmeyMchaal McAUllffe's once, angrily calling for him to resign. McAuliffe
had Just negotiated a plea deal that meant Paul Michael Marhige, who killed four relatives on Thanksgiving Day2009, would escape the death penalty.
But most of the protesters weren't there out of outage. Theywere there bemuse Theywere getting paid.
Theywere getting paid because the man who wanted M AUlfflas Jab, Dave Arenberg, wanted a pretest, but didn't want his name linked to IL Since he could not deliver enough
protesters himself, he asked a newfound ally, Gulf Stream millionaire MarlyO'Boyle, to help.
An aBayfe asslstantllned up a party planner. And that's haw a protest trumpeted an the nightlynews as an outpouring ofcomm unityanger actually staffed a half -down aclore
more accustomed to playing princesses, Gowns and dinosaurs.
That was onlythe start. Over four months, Aronberg and O'Boyle teamed up for a campaign of attacks against Mcauliffe, cautiously skirting Florida laws designed to assure
transparencyin elections, according to Interviews and documents obtained byThe Palm Beach Post.
Theyworked In strict secrecy. Arenberg — now the front- runner for state attorney —had not yet declared himself a candidate, so he took help from O'Boyle without disclosing to the
public what otherwise would have amounted to donations.
For O'Boyle, it was Just one act in his relentless quest to wipe a DUI conviction off his daughters record, For Arenberg, it was an opportunity to take advantage ofa millionaire's
displeasure to undermine a dual. They moved assertively, running advartlsemants, paying protesters and digging up dlrL
At stake: one of Palm Beach Counlys most Important elected lobs. The state attomey has enormous discretion In deriding which aiminal cases to pursue, Including political
corruption.
Aronberg, then a statewide prosecutor, gulded O'Boyle's efforts, occaslonallyon taxpayer time. He smelled Instrucllons to O'Boyle's ass is tent from his BlackBerrydudng work
hours, a potential violation of state miss. Once, he accepted a round -trip ride to Tallahassee on O'Boyle's private plane.
Throughout.Aronberg toyed with running. In one rare instance, on email reveals Aronberg's Intent Just six days before he announced, he urged an O'Boyle emplayee tip pay for
Facabook ads, saying,'1 think they need to run before I become a candidate.'
Arenberg's collaboration with O'Boyle tapered off after Jan. 17, when McAuliffe — Influenced in part he aaid, by the nasty campaign swirling around him — announced he would
not seek m- election. Amnberg declared his candidacy three days later and within six months had raised 3471,000, none of It from O'Boyle.
But In enlisting O'Boyle, Ahronberg miscalculated. After months together. O'Boyle limed on him, releasing to The Post hundreds of smalls —including about 100 written by
Arenberg — documenting their contacts in the time before Arenberg announced.
Ultimately, O'Boyle would Wm on The Post as well. After reporter told O'Boyle the newspaper was checking whether one of his exchanges with Arenberg could be viewed as an
aftempled bribe, he told the paper that he was "reNsidng'the Information he had proNded'to confirm Its mildly and that the paper was not authorized to use the Information or to
attach his name to It F)perts later told the paper that O'Bayfe's actions likelydid not meet the legal definition ofattempled bribery.
Aronberg, a Democrat, refused repeated requests for an Interview to discuss his actions, addressing through his campaign manager only four of more than 80 questions asked
in writing by The Pas Sent hundreds of pages of his own em ails and asked to verify them. Aronberg didn't respond.
Ina one - paragraph statement, he blamed O'Boyle's revelations on one of his opponents: no -party candidate Robed Gem hman, a criminal defense attorney who represents
O'Boyle's daughter.
This is a dishonest political attack cooked up bymyopponenl, Mr. Gershman —full ofmisrepresentations and gross eiaggerations; Aronberg said. *As special prosecutor,I
haw always acted according to the lefterand spiritof the laws of the state of Florida and the policies of the OMce ofthe Affomay General. I'm proud of myrecord of pmwn ethical
leadership as an assistant attomeygeneml, special prosecutor and slate senator.'
The never - before -told story of what happened when Dow Aronberg met MartyC'Boyfe, and whythey broke apart, offers a rare window Into how power and money Inlersectb
shape politics —and limos —in Palm Beach County.
'Hly vlewln 1"a Is: Takew afemrshols you like at me, because 11n ablgboy and I can handle them. Butdontmess with my kids my wife ormyhome. Dont do it
oecausa171 come afyou Win ewryresourc Ihave And thares
—M V lya'9cp h.JU,xMimM.+
Itwas March 2011 and in downtown West Palm Beach, a spectacle filled the sky.
Dayafter day, a plane circled the courthouse, trailing bannem:'Bewam thug prosecutors. "Prosecutorial peduryis tyranny." Dump McAuliffe for prosecutor, mote for Elmer Fudd.'
The planes were a remarkable reaction to a common event In 2008 in Delray Beach, a police offlcar saw a woman driving 5 mph on a tea ldenfial atreat at
323 a.m., with half her car on the grass. The 19- }ear -cld bid him she had had two cocktails and a beer. She failed a breath test and was charged with misdemeanor OUl.
In Palm Beach County, prosecutors file an average of nine cUl cases swry day. But that woman was Many O'Boyle's daughter, and Marty O'Boyle Is an unusual man.
The son of s seamstress and a cabby, O'Boyle said he grew up Ina finyrowhouse In Woodland, N.J. Al 17, he said, he dropped outofhlgh school. Byl8, he was married and had
a real estate license. By24, he had four kids and his first million.
That million grew Into many more. Sterling in the 1970s, he built hundreds of stores, including construction for the growing Color Tile and Pestle AAsion 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 states, including Florida.
Ina fight over business Interests, O'Boyle rarely backs down. Ina right for his family, mmlytums into never.
The traffic court case spawned a thick volume full of motions and counlemtolfons, with Gershman arguing the use was tainted bypolice mistakes and faultybmath -lest
equipment. II led to a three- dayjurytrial. Sam O'Boyle was found guilty In Match 2011- She was sentenced to 75 hours of communityseMce, a sis -month loss of her driver license
and a $500 fine.
Mar the trial, Marry O'Boyle called the stale attorneys office and asked to speak to McAuliffe about the case. O'Boyle said he told the woman who answered the phone: 'I want to
see if I could just spend a few moments with him and see It there's anything that could be worked oul.' O'Boyle wanted McAuliffe to drop the DUI charge, own after she served the
sentence, to clear her permanent record, he sold.
O'Boyle was told that McAuliffe wasn't available.
McAuliffe told The Post he didn't know of O'Boyfa's request unfit after 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, "Ijust said to myself,'fhe guywon't giw me the courtesy of 15 minutes of his life?" O'Boyle recalled. "Wall, let me show him what kind of
courtesies I can Him him.—
O'Boyle had brawled with authority before. In 2006, a permitting dispute threatened his Longport NJ., waterfront home. O'Boyle struck back with lawsuits. Planes trailing banners
—one called the mayor a 'pupper —flew owr Longport's beach for months.
'Unfortunatelywhen you're dealing with a body politic, theyhave a lot ofresouroes," O'Boyle said.'Somegmes you haw to enter the area of unconventional warfare."
Almost live years later in West Palm Beach, government once again stood In O'Boyfe's way. He started a Twitter account under the name'BannerMan" and began Hying planes.
It didn't help with McAuliffe. But the stunt drew attention.
South county political operative Marie Horenburger, who sat on a charity board with O'Boyte's wife, gave him a call.
She asked: Would he like to meet Dam Aronberg?
O'Boyle replied:'Who's Dow Aronberg?"
'Dave —do you Mont me to take you— plenty ofroom end no problem? Well getyou there by Spin or so. It wfli be easy and you will bs fresh. Advise'
— aC.la'egN.mp,enpinOrienOapadMla Trx,mMM Vaoy.YpnrW plm.
Dam 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 veld -tens to run for attomeygeneml in 2010 and lost in
the Democratic primary.
He found work quickly. Pam Bondi, the Republican who ultimalelywon the aftomeygenaml's job, made a spot for him as a $92,000a -year special prosecutor inmsgrating pill
mills.
But Aronberg was eyeing another elected job: McAU118e's. Again, he faced a Democratic primary he might not win.
True, McAuliffe had angered some influential Democrats by prosecuting Democratic CounlyCommissinner Jeff Koons on corruption charges theythought were weak. Local
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
wlers, he had long - standing political connections and could be a ravenous fundraiser.
But many prominent Democrats remained pledged to the Incumbent, Mculiffs. Some urged Aronberg not to ran, hoping to amid a divisive primary. He was warned that 'it would
be the end of my political 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 tormenting McAuliffe.
Arenberg mached out to Gersh man, O'Boyle's daughter's attorney and now Aronberg's rival for state attom By. Back men, Gem hman had no plan to run, but It seemed to him that
Amnberg did. 'His pitch was he wanted financials upport for his run and he viewed Marty in that fashion; Gershman said. Gem hman told O'Boyle he had talked to Arenberg.
The political mum hip between Arenberg and O'Boyle began in late July overlunch at The Once, a Delmy Beach hot spot,
They started exchanging em ails. Arenberg peppered O'Boyle with links to stades about McAuliffe. O'Boyle gave Aronberg a cryptic headslrp to 'enjoy your lunch" at "Banner's
Coffee Shop around the Court House: Two days later, as promised, a plane flew the banner. "Smile if youth Ink Mkey kickli0s is a putt"
Amnberg asked O'Boyle to take a trip with him to Tallahassaa. On OcL 3, they drove to Fort Lauderdale, loaded Into O'Boyls's single - engine Cessna and flew north.
The nexd morning, they meI with a political consultant O'Boyle said that with Aronberg 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 siting up O'Boyle at Aronberg's request Wetson's conclusion: The guy had money but never would be a reliable contributor. His real Interest layIn messing
with W- uliffe.
While th aywere there, AOnbarg look O'Boyle amund the Capitol. They lunched, O'Boyle said, at Andrew's Capital Grill —home of the "Aron berger Spicy Veggle Burger; named
during Aronberg's Senate days.
They reviewed polling results with a police union lobbyist that showed Arenberg leading MJUliffe Ina hypothetical m alchup. They discussed whether Arenberg should declare his
candidacy.
They visited the state Commission on Ethics to pickup a complaint against McAuliffe. Arenberg pres sad the commission director to explain why the complaint had been dropped,
O'Boyle said.
On the flight back, O'Boyle said, Amnberg continuouslyrelumed to a point ho had made on the wayup.'11's just so wrong whattheydid to your daughter,'O'Beyle rocalled
Amnberg saying. "I Just can't believe theywould do such a thing."
Protesters assembled outside the Palm Beach County state attorney's office Thursday rooming in epposilicn 111 plus deal that sent Thanksgiving massacre, killer
Paul Michael Merhige to prison for life. More than a dozen people stood outside state effomey Micheal &PAulif s's office holding signs...'
- wr5r4h..*1 a caw neon en ew. rn
A few weeks later, a news story caught Aronberg's eye.
A th a end of October, McAuliffe agreed to a plea deal with Memlge. In 2009, Withlge had killed four relatives — Including 6- year -old Makayla Siffon —over Thanksgiving dinner in
Juplist. The plea would put Mfemlge away for life and bring closure to one of Palm Beach Counlys most horrific cdm as.
But Jim Slton, Makayla's father, detested the deal and begged the judge not to take it. He wanted a trial and th an the death penalty.
Arenberg saw an opportunity.
Alter th ey first met, O'Boyle assigned one of his assistants to work with Amnberg. Trained as a paralegal, the assistant, Denise DeMartint, was one of O'Boyle's besL'She'll move
a mountain with one hand,' O'Boyle said,
Arenberg asked DoMartinl to organize a protest of the deal outside the state attorneys office.
DeMardnl began moving mountains.
She and O'Boyle consulted lawyers to find oulwhere protesters could stand. She directed another O'Boyle employee to make fliers and to omerbnght yellow balloons imprinted
with 'DUMP MCAULIFFE."
Theydrew up signs. Arenberg proposed several slogans, DeMmrllnl wrote In an email, including:'MCAuliffs coddles killers,' "Resign, McAuliffe, Resign; 'Domecrals Against
McAuliffe' and — more sulkingly— 'Jusfice for Mtakayla :
The protestwas almost ready. Onlyone thing was missing: protesters.
Initially, Aonberg told DeMar inl he would find them. But he came up empty. "He was of the mind,'We gotta gal ildone, we gotta do IL You guys got contacts —you guys can gel it
done," O'Boyle recalled.
DeMlartfnl got it done.
She called Kids Fairlyand, a Coconut Creek company that throws children's parties.
A contract called for "10 people to participate in Rally Protest' The cost $1,400 for four hours. Afew prolestem left early, so O'Boyle got a $500 discount
On Nov. 10. a videographer hired byO'Boyle raptured the scene. More than a damn protesters walked in a loop in front of the state atiomeys once. Almost all were either O'Boyle
employees or paid actors. O'Boye himself wore a cap that said Drexel — his daughter's school —and a sandwich board:' McAuliffe Accept This Plea Resign:
Alm ost immediately, Aonberg asked for a second prates t— this time outside M cAullffe's campaign kickoff party at E.R. Bradleys Saloon on the Flagler Date waterfront. The first
one was s o much work and money, O'Boyle wasn't eager to do it again. But Arenberg pushed, O'Boyle s aid. On Nov. 16 it happened, with six actors for $600.
As they prepared, O'Boyle emoted a worker who had put Aronberg's name in an email: 'Aronberg's name is not to be mentioned: And in both cases, Amnberg was nowhere to
be seen.
But Aonberg's presence was felt. He drove by the first protest several limes, sending gleeful text messages to O'Boyle and DeMartim, they said.
And his hand was evident Theyused several of his slogans, Including 'Democrats Against McAuliffe' and "Resign. McAuliffe, Resign.'
O'Boyfer'Dsve — being the amateurtheti am, I do not see a malarial diflerenco in the ads. Se 1 can not give you intelligentinput'
Aronberg: 'Fair enough..., ill send u the one I prefer in a separate email.... Happy Thanksgivingl'
p]wnWuNnp..CYaWnpnmtFM wft mr wI..,i ti tmjwNmh . Y
Even as they prepared the protests, Arenberg wanted O'Boyle to pay fora more traditional attack.
One theme Arenberg thought would resonate: conviction rates. State statistics showed McAuliffe's office had the lowest rates In Florida. After McAuliffe resigned, those rates would
be deemed statistical aberrations by his replacement, Peter Anfonacci. Mantis earlier, however, the Issue looked like campaign gold.
Arenberg asked O'Boyle and DeMarltni 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 McAuliffe, who are Jewish.
Arenberg provided the ad and emalled DeMarfini contact Information fora Jewish Journal ad emcutive. It ran Dec. 14 and cost O'Boyle $3,400. In bold letters. It pmclaimed:
' Mchael McAuliffe Is Florida's Lowest Ranked State Attorney."
An imposing chart compared Palm Beach County s convcUon rates with top-ranked Pinellas Countyand the much higher stale average. Across the bottom, It said. 'We need a
new state attomeyr
Below even that was a tinyline oflsxt"Peid for by Families for Justice LLC.'The company had been incorporated two weeks before the ad ran. Its registered agent was a willing
O'Boyle employee. Its name was picked byAronbetg, after the employee rejected his first cholco,'Democmts Against McAuliffe."
One of Arenberg's Mends gave the employee a script to read in case reporters called to ask whyshe had founded the group: "As a mother of child in Palm Beach County, Iwas
so disturbed by (he state attorneys recent actions that I started this group to Inform the community that Mchael McAuliffe has put all of our safety at risk. The alarming facts speak
far themselves' No one called.
The ad was legal, several lawyers said In interviews, because It didn't specificallyurge a vole for or against McAuliffe. If it had, Families for Justice would hays been forced to
register as a political organization.
Inside McAuliffe's uliffe's camp, the attacks were Infuriating.
"Michael was Iike,'We need to respond to this; "said McAuliffe's campaign manager, Rick Asnanl.'I was llke,'Respond to who? We don't have a target to shoat aft'
Internally, they suspected Arenberg. Polls had surfaced, a hawing Arenberg as a viable candidate. Donors told Asnanf that Arenberg had contacted them, urging them not to
commit to McAuliffe.
'(here was an anti- MwWliffe campaign being run behind the scenes where the onlyone who would benefit from It was Arenberg; Asnanl sald.'He was hitting in the shadows.'
'It's so good, it should be spread overFacebooki. )'
— npnewmmaapp rmmuam.n
As 2012 began, Arenberg was getting closer to declaring his candidacy. He began preparing a new attack
Arm oat a year before, one of Arenberg's blends, Melissa MtKinlay, had filed an ethics complaint against McAuliffe. McKinley, an aide to Palm Beach Count's legislative
delegation, accused McAuliffe of following her out of a meeting and threatening her in the parking lot 'He then told me I had better be careful about who I apent time with ," she
wrote. He had seen her talking to Mks Edmondson, a former McAuliffe aide who left after falling -out.
The Florida Comm Isslon on Ethics found no cause for the win plaint. But MtKlnlay told Arenberg about it and in September he asked her for a copy. She didn't have one, so
Arenberg and O'Bo s picked up the rile during their October trip to Tallahassee.
Later that month, McKinlaywas called for jury duty. She told Palm Beach County Circuit Judge John Kastrenakes she could not sane. The exchange was caplu red on video. 'I was
threatened by the state attorney; McKinley said to a stunned Kastrenakes.
In an InteMew with The Post, McKinlay said ahe didn't know she was being videotaped. But she said she told Arenberg about the etahange with Kastrenakes. Edmondson, who
was helping Arenberg's furtive campaign, obtained a copy of the video, court records show.
In January, the video appeared on Gossip E#re, a local webs its run by ex-Post columnist Jose Lamblet Almost imin edlately, Arenberg set out to promote the video ,'ffs so good, It
should be spread over Facebookl : -)' he wrote to DeMardni.
Within two days, working with a paid consultant Arenberg had created a Facebook ad linking to the Gossip Extra post: "SHOCKING V1DEOl State Attorney Mchael McAuliffe
threatened a West Palm women and abused his power. Watch the video._"
Arenberg personally directed the ad's designer, telling him In an email: 'I like the first one..,. Can you use the larm'Watch the video' as the last words of the teaser?" Finally, he
wrote an Jan. 13,'1 think they need to run before I become a candidate... and while the alory is still fresh."
The consultant's proposal listed Arenberg as his cl lent, but O'Boyle paid the $500 bill. The ad targeted Facebook users who 'like" one of several local Damocra5c politicians. It
launched on Jan. 14, a Saturday.
By Monday, It had 440 clicks. But by Tuesday, it no longer in aftered. McAuliffe announced he was dropping out of the race to take a job with Oxbow Carbon, billionaire Bill Koch's
energymmpany.
Arenberg, rejoicing, thought the Facebook ad forced out McAuliffe, O'Boyle said.
Told so by The Post McAuliffe chuckled. The attacks, he said, didn't fame him out. But the 'prospact of an Insurgent prim ary campaign ... made me more open to alternatives'
Withoulthe aftacks,'I might never hate opened the door to private- sectoropportunities atthatpoint he said.
ByThursday, Arenberg had launched his campaign for state abomey.'The moslimpertanl thing is thalthe nerd state attornoyneeds to have a passion forjustica; Arenberg told
WPTV - Channel S.
'So Dave —I got the screwing army life. Both you and Gershman have taught me good... and the bad thing is that my daughtersuffors. A sad day, which only
Alzheimers wilt remove from my memory. In any event, 1 couldnf have been more honest orbiunt. I only wish that you shared my views on howidends treat Mends.'
- oe.y. mwnp manewp. Pon s
With McAuliffe out of the race, Arenberg's work with O'Boyle and his assistant slowed.
For months, DeMeirtlnl had been filing public records requests crafted and edited byAmnberg, smalls show. The requests, sent to public agencies, aimed for Information about
McAuliffe, DeMartinl turned the responses over to Arenberg. When there was a charge, O'Boyle paid the bill.
Aronberg pressed DeMarflnl to follow upon one request that was still panding. He wanted 1oFwliffe's em all exchanges with The Posts edilurial board, which had been critical of
Aronberg. When Aronberg felt the request had been unduly delayed, he wrote to DeMar inl:'You may want to have a lawyer send a reminder letter. I assume Marty would agres7'
DeM arflni sent the em ails b Aronberg on Feb. 24. Six days later they appeared on two Iom1 websites, including Gossip Extra.
Despite being an official candidate, Amnberg newrdeciamd DeMadini's help as a campaign contribution. But the Web postings would prove useful to Pronberg's cam palgn. After
The Post ran a story in June about Aronberg, he linked to one of them In an email to supporters, writing Mel the paper's "false accusations and manufactured sources have been
disoredlted byindependentobservers;
Mostly, though, Aronberg's relationship with O'Boyle shifted. Now thathe had an official campaign, he asked O'Boyle for an official contribution.
Atfirst O'Boyle sald.Aronberg asked for$80,000. For O'Boyle, that meant more than writing one big check Slate law caps donations at$500 per person; O'Boyle would have to
find a bundle of 160 $500 checks —from himself, his companies, family members, employees or Mends.
'Wow, Mars kind of strong, Dave; O'Boyle recalled saying. Instead, he offered Aronberg $25,000.
Aronberg madilyagreed, wdting In a Jan.30 email that"your commitment ofraising $25K goes a long way.'
Butweeks passed, and O'Boyle didn't send Amnberg the check. Instead, he senthlm documents from his daughter's case.
Bythen, O'Boyle said, he had spent$28,000 helping Aronberg.'I said to mywlfe,'Before I putup another$25,000, Iwantto make sure that this guyls thinking like we're thinking;
O'Boyle recalled.
Aronberg never explicitly had promised to help, O'Boyle said. But O'Boyle said he believed he and Aronberg had an understanding.
'Dave kept saying:'I can't belle" theydid this to your daughter. I Just can't believe theydid this. So wrong for them to do. You know that McAuliffe, I can't believe he did ther Now
when somebodys saying that to you about your daughter, what are you thinking7" O'Boyle asked.
In mid- March, Aronberg prepared for an end- oFmonth deadline to disclose for the first time 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 soared off. Circuit Judge Krista Marx had considered running as a Republican, but backed down, The Post reported, after she received threats
linked to Aronberg.
On March 16, O'Boyle said, he melwith Amnberg for neariythree hours In his Deerfield Beach office. His account of that meeting, provided M The Post wlthoulwdetion in several
Interviews, went like this:
O'Boyle asked Aronberg whet he thought of his daughters case. Aonberg demurred. Finally, Aronberg 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 sald,'But you're the boss; you should decide what should happen:
Aronberg fled the room.'l chased him Into the parking lot' O'Boyle recalled.1 said,'At least saygoodbyer,
Later. Homnburger— the women who had Introduced Aronberg M O'Boyle — told O'Boyle thatkonbarg thought O'Boyle had been wearing a wire. O'Boyle was livid.
'Here's the way I read it rw got your money now. I don't need you. I'm getting out of here,' O'Boyle said.
O'Boyle newrdellvered the $25,000 contribution.5811, alter th e meeting, both O'Boyle and Aronberg did one favor for the other.
At Aronberg's request O'Boyle approached Gershman, his daughters attorney, who by then was mnsidedng his own run for state aftomey.O'Boyie told Gershman he stood no
chance agalnslAronberg.
Gershman responded bitterly, O'Boyle said, and threatened to drop his daughter's case. Gershman said he was disappointed butmeent onlythat he would withdraw from
representing O'Boyle In two civil suits related to the DUI arrest He still represents O'Boy1e's daughter In hercriminal case, which Is being appealed.
Aronberg, meanwhile, helped O'Boyle line up a meeting with the new slate atiomey— Antonacd, an old friend — lo discuss the DUI cese.'Pate Antonacci will meetwith you and
you should call his assistant• Aronberg said In a March 20 voicemafl leftfor O'Boyle's in -house attorney, Bill Ring.
Amnberg provided a number. Anionaccl took the meeting. Antonacci told The Post that Aronberg had nothing to do with IL'I'm a public servant' he said. *1 meelwith everybody;
On April 3, Antonacci sent O'Boyle a leftercalling the legal arguments In Sara O'Boyle's case'wantlng; The state would let herappeal playout Anionacd wrote.
On April 9, It all came to a head.
Merry O'Boyle wrote Aronberg a scathing email. Gershman would not enter the reco. O'Boyle predicted. But he had lost Gershman as a Mend and an attorney, he wrote. The latter
loss would cost O'Boyle $30,000, he told Aronberg —the price fora new attorney to catchup on the lengthy record in his daughter's DUI case.
'1 got the screwing of my life," O'Boyle wrote.'Both you and Gershman haw taught me good;
And In reference to Aronberg's fears that O'Boyle may haw been recording their conversation, O'Boyle added:'ff you want to 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 Ism concam that I am wearing a wlml'
Aronberg never responded. In April, he reported raising $275,000, none of It from Marty O'Boyle. Soon after, Gershman entered the race.
O'Boyle remained angry. 'I was swindled; he said.'rhere's no doubt in my mind.*
In May, Marty O'Boyle got a phone call from a Post reporter.
He returned the call. And started talking.
SHADOW CAMPAIGN: Read more
• Series homepage
• Did Aronberg break the law?
• Details on $3,400 adwrfisementatlacking McAuliffe
• Aronberg leaked email$ between McAuliffe, Post
• How The Postgot confirmed the story
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• Posted byTmfficAuenger
This comment has been removed for Violation of the visitor agreement.
A.
• Posted bytealadyst 11:07 a.m. Jul. 22,2012
• Report Abuse
From Around the Web
El Paso Releases Video of Cop Ewcufing Handcuffed Man— Where's the
Anger? (VICE)
Man Who Assaulted Dad After Finding Him In Bed With His Wife Gets Off
Easy(Stining Daily)
Teen Dies on Vacation After Drinking Energy Drink (Stirring Daily)
A Grieving Father Pulls a Thread That Unmwe BNP's Illegal Deals (The
New York Times)
Lire Insurance: what you don't know could hurt you (Black Enterprise)
Women Is Found Hanged In Indian State (The Now York Times)
Rl
Mr. Amnberg will not ham my volel Indeed, can anyone vale for Mr. Aronberg after reading this? More dirty poll0csas- usual.
Nonetheless, We The People are riot fooled) 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 an
"Issue", we know who's behind It.. and why. NO ONE thinks such ads are Impartial; they are disingenuous distortions, hall-truths, and outright Iles.
And we think even LESS of the peoplafcorporagons who buy arose ads.
Great scoop, Palm Beach Poslwrilemil
6...1
• Posted byFatCat0711 at 1128 a.m. Jul. 22,2012
• Report Abuse
rd still vote for him, and I'm sure manyothers will.I mean, this Is FLORIDA, people actually valed for Rick ScotL
(�1
k�..y
• Posted by PBSOTelk at 11:50 a.m. Jul. 22,2012
• Report Abuse
Yes, great scoop. Typical Palm Beach Post, not crediting PBSOTalk.com, who provided the start of this story and sent them the Information In April, complete with laws, to gel the
ball rolling. It's amazing Meywill use PBSOTalk.com Information the owner provides to them yet they publicly disavow the site, linking it to disgruntled deputies. Them is more
documented coruption on The Sheriff than Sheriff Bradshaw's friends at the Poet will ever discover or write about
Thanks Joel[ I ham to go see a doctor now to see if they can remove the knife from my beck.
• Posted byTmihWlns
This comment has been removed for violation of the visitor agreement
a�
• Posted byJupiterGuyat 12:06 p.m. Jul. 22,2012
• ReportAbuse
But tea lady, the big moneycorporations haw been backing the lea party for years. Theyare backing almost every tea party candidate running for office this year, as well as the
presidential campaign. What happened to the grass roots organization thatthe tea party used to be?
" P o s t e d b y T h 0 m a 5 1 1 3 1 1 2 2 1 p m . J u l . 2 2 , 2 0 1 2
" R e p o n A b u s e
O ' B o y l e h a s z e r o e t h i c s , a n d e v e r y t h i n g y o u n e e d t o k n o w a b o u t A r o n b e r g c o m e s f r o m h i s c l o s e a s s o c i t i o n w i t h O ' B o y l e . O ' B o y l e i s t h e t y p i c a l r i c h p l e c e o f m p w h o w a n t h i s
d a u g h t e r e x o n e r a t e d , n o t b e c a u s e s h e ' s I n o c e n t , b u t b e c a u s e h e ' s r i c h .
" P o s t e d b y m e t a l i s b a c k
T h i s c o m m e n t h a s b e e n r e m o v e d f o r v i o l a t i o n o f t h e N s l t o r a g r e e m e n t
" P o s t e d b y t e a m a n
T h i s c o m m e n t h a s b e e n r e m o v e d f o r v i o l a t i o n o f t h e v i s i t o r a g r e e m e n t
4 . . _ 3
" P o s t e d b y S n e d l y F a c k l e a t 1 : 1 2 p . m . J u l . 2 2 , 2 0 1 2
" R e p o r t A b u s e
P a l m B e a c h p o l i t i c s , e s p e c i a l l y I n t h e j u d i c i a l A e g a l a r e n a , a r e a s w e i r d a n d b i z a r r e a n d s l e a z y a s t h e y a m s h o t t h r o u g h w i t h a b y s m a l l y l o w e t h i c s ( i f a n y ) , p o p u l a t e d b y h y p o c r i t e s
a n d b u l l y w a n n a b e s . J u d g e s ( b o t h s t a t e a n b d f e d e r a l ) t a l k t o a t t o r n e y s a b o u t r a s e s b e f o r e h e m , p r i v a t e l y a n d o u t o f c o u r t P e o p l e w h o s h o u d b e c a l l i n g t h i n g s a s t h e y s e e t h e m
a r e I n s t e a d e i t h e r p r o t e c t i n g h e i r b u d d i e s o r c o v e r i n g h e i r o w n c h o p s .
A r o n b e r g I s a s u p r e m e h y p o c r i t e w h o e v e r y b o d y k n o w s l o n g a g o s o l d o u t t o O ' B o y l e . O ' B o y l e i s a N e w Y o r k s c h l e m l e i w h o f e l l I n t o h i s o w n c e s s p o o l a n d m a n a g e d t o g r a s p o n t o
s o m e p r e c i o u s s t o n e s ( c e r t a i n l y n o t h i s o w n ) o n h e w a y o u t - - b u t h a s n e v e r l o s t h e s t e n c h ,
T h e c o u n l y i s a r e a l l y I m p r o b a b l e c o m b i n a t i o n o f b a c k w a t e r h i c k s a n d n o u v e a u r i c h e a n i v i s t a s , c r a n k y l l W e b r a l s a n g r y b e c z u s e s o m e b o d y e i s e h a s w a n d e r e d I n t o w h a t t h e y h i n k
t o b e h e i r p r i v a t e s a n d b o > d e s ) ; p e o p l e o f l o w o r n o c l a s s w h o u s e w h a t e v e r m o n e y t h e y h a v e t o b y t o b u y s t a t u s e s a n d r e p u t a t i o n s t h e y d o n ' t d e s e r v e a n d h a v e n ' t e a r n e d .
T h e l i t t l e d r a m a s l a i d o u t I n t h i s s t o r y a r e s i m p l y n e w I n s t a l l m e n t s I n a n o n g o i n g t e l e n o v s l a , p o s s e s s e d o f t h e s a m e l o w q u a l i t y c h a r a c t e r s a n d p l o t l i n e s . T h o s e w h o p o p u l a t e
t h e m a r e a l l b a i l e r t r a s h , e v e n I f s o m e o f h e i r b a i l e r s h a v e b e e n e # e m a l l y g l i t z e d u p . T h e y a l l d e s e r v e o n e a n o t h e r ; b u t , p l e a s e , k e e p t h e m a l l I n s i d e h e c o u n t y l i n e s . T h e y m
s u r e l y n o t w a n t e d n o r w e l c o m e a n y p l a c e e l s e - - e x c e p t , f r o m t i m e t o t i m e , t o p i c k u p o t h e r p e o p l e ' s t a b s .
r y _ . . : t
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" R e p o r t A b u s e
T h a n k s P a l m B e a c h P o s t f o r u n c o v e r i n g M r . A r o n b e r g ' s t r u e c o l o r s . H e c e r t a i n l y d i d n o t l e a r n t h e s e s l e a m b a l l t a c t i c s a t H a r v a r d . O r , m a y b e h e d i d [
M r . A r o n b e r g n e e d s t o p e r m a n e n t l y r e t i r e f r o m a n y p o s i t i o n o f p u b l i c t r u s t
S o l o n g , f a r e w e l l , a u t w i e d e r s e h e n , g o o d b y e ,
G o o d b y e ,
G o o d b y e ,
G o n d b y s l
" P o s t e d b y G a r y H i l l
T h i s c o m m e n t h a s b e e n r e m o v e d f o r v i o l a t i o n o f h e v i s l t o r a g r e e m e n t .
" P o s t e d b y T m t h s h a l l s e t y o u b e s a t 2 : 0 4 p m . J u i . 2 2 , 2 0 1 2
" R e p o n A b u s e
A r o n b e r g I s d i s g u s t i n g . R a n o u t o f m e e t i n g b e c a u s e h e t h o u g h t O ' B o y l e w a s w i r e d ? T h a t ' s w h a t w e c a l l c o n s c i o u s n e s s o f g u i l l . H e w o u l d n ' t k n o w b e c a u s e h e h a s n e v e r V i e d a
c a s e .
S o A n i o n a c c i I s A r o n b e r g ' s b u d d y ? H o w c o n v e n i e n t E x p l a i n s w h y c e n a l n j u d g e s h a v e b e e n t a r g e t e d b y t h a t o f i c s . F u n n y h o w P e t e h a s t i m e t o f i l e f r i v o l o u s m o t i o n s a t t h e b e h e s t
o f D a v e a n d m e e t w i t h A r o n b e r g ' s s u p p o r t e r a b o u t h i s D U I b u t d o e s n o t h a v e t i m e t o i n v e s f i g a t e s e r i o u s a l l e g a t i o n s r e l a t i v e t o h i s b u d d y D a v e . L e i s b e d e a r : m o n e y w a s s p e n t b y
O b o y l e f o r D a v e ' s u p c o m i n g c a m p a i g n : i l l e g a l . D a v e a l l u d e d t o h o w ' a w f u l ' t h e D U I w a s h a n d l e d a n d h e a l l u d e d t o e x p u n g i n g t h e c l i m e a n d C h a r s h o w h e g o t h e m o n e y . b r i b e r y .
H e t h r e a t e n e d J u d g e M a x H e c o n s p i r e d t o r e m o v e J u d g e C o h e n , w i t h A n t o n a c c l ' s h e l p . H e h a n g s o u t w i t h t h e m a s t C O R R U P T i n d i v i d u a l s I n h i s c o u n l y l n c l u d i n g M a r y ( I ' m a
c o n v i c t e d f e l o n b u t 1 9 O i l t h i n k r a n r e l e v a n t a n d p o w e r f u l ) M c C a r t y .
W e n e e d h e l p a n d t e a W e n e e d t h e l e f t . I u r g e e v e r y p e r s o n I n P B C t o c a l l o u r l o c a l F B I b r a n c h b e c a u s e w e c a n t h a w a s t a l e a t t o r n e y w h o I s c r i m i n a l h i m s e l f . T h i s I s j u s t l i k e
h e B a b o c k f u r n i t u r e D U I d e b a u d e . P a y t o p l a y .
I can seethe swearing In: Burt Andre, Fumed, McCarty and every other cancerous 'political operative' in PBC.Oh, and they will also own Jaime Goodman if he gets elected
because McCarty is running his campaign. Remember Italia backfire judiclary, McCarty and Rebecca Shelton do.
its all to make sure they can continue thelrcdminai behavior and shakedowns w/o an SAwho cares.
I would like to thank Joel and the Post bemuse this is getting attention... from authorities who enjoys lapping the mffe on self- proclelmed'rock star' Dave. You cant gel the Aron -
burger In Jail so enjoy now.
Antonacci ... your In aver your head. Watch your 6 because i think you would make a great prison trustee
'L..!
• Posted by Dougles3 at 2:26 p.m. Jul. 22, 2012
• Report Abuse
Need a connection from Aronberg to Mary McCarty? Trygoing through her mother Jeanne Raywho recentiyworked as a receptionist for Amnberg. Aronberg should quit this race.
He has proven himself unfit to sane in any government capacity. You cant cleanup Palm Beach County byputdng dirt In charge of the brooml
• Posted by Tmthshallsetyoufree a12:26 p.m. Jul. 22, 2012
• Report Abuse
And to all the lawyers who turn a blind eye to Nils and continue to treat Dave like royalty bemuse you think Ire a given he will be SA and you want to Ingratiate yourselves... get some
morals We took an oath to uphold the lawl 8you condone his behavior and that of his'supportem'just rip up your bar card bemuse you are as bad as him.
I mntwait for the front page photo of him, handcuffed, being led to an awaiting blacked out SUV. Its imminent.
• Posted by RObedBHeigh al2A7 p.m. Jul. 22,2012
• Report Abuse
So, let me get thls stmight
*Aronberg and his allies skin the law on bribery,
• Amnberg and his allies skim the law on blackmail,
*Arenberg and his allies sklrtthe law on extortion,
*Arenberg and his allies skirt the law on slander,
*Aronberg and his allies skirt the law on defamation.
Yep, pay to play is alive and well In Palm Beach County.
Resign? No, he should be In ajall call awaiting trial.
I knew more than a decade ago that he would do anything —anti I mean ANYTHING —to move his way up In o61m. Let me guess, with his eyes neM an running for Gommor. Mark
mywords: If he gets elected to the position of State Attorney, he will run for Governor within ten years and the corruption will be much, much worse.
If this doesn't get the leas imohed (once again) then nothing will.
1 also agree with the previous poster, malady, these corporate blgwigs have been funding the Tea Party for a long time. Watch how quickly the Tea Partyboil' settles down to a
'simmer' If Romneyls elected President. (And the ultra -dch orgyof asset transfer from the mlddle -class to the 1% will resume at an accelerated pace.)
i V
i
• Posted by RegularJoe at3A6 p.m. Jul. 22, 2012
• Report Abuse
Can you believe Marie did this again? Marie Harenburger has been the campaign manager and consultant for 10 years for suspended Mayor Jose Rodriguez Look atwhat a
crook he islllllllll Rodriguez used to be buddybuddywith Mr. MM.
Marie is SFRS with Anne Gannon who is smarter then DAVE because when she got out ofTallythen Made made It happen with Gannon's taxchlefjob as the CONSTFUTIONAL
THEM
• Posted byyoumildumb at3:48 p.m. Jul. 22, 2012
• Report Abuse
You cannot believe a single word put out by the liberal rag known as the Palm Beach Post. Theyhave their own agenda and will spin a story to fit the outcome theywant Aronberg
has a good track record and has served the State of Florida well. He should be judged on past performance and not the attacks of bankrupt newspaper that is so poodyrun It is
actually printed by the Sun Sentinel for them. This paper has as pacific hatred for Aronbarg that has no basis in this rece.The facts are the facts.
U1.
• Posted by kola123 at 3:52 p.m. Jul. 22,2012
• Report Abuse
I think this whole article Is a crack ofcrap.
Look to the REAL problems In Palm Beach County Ms. Marcus and friends.
l l
Posted byJohnBarbied at 428 P.M. Jul. 22, 2012
Report Abuse
Palm Beach Countypoli8a are unsavory to begin with.
Arenberg comes across as a padiculedynasty piece of work even for us.
Hero's hoping that the voters will do themselws and the county a big favor byslopping his 'public seMce career atthe held election.
59 Comment(s)
Comment(s)1 -20 or 59 next >lasl»
Westlaw
Page I
436 Fed.Appx. 449, 2011 WL 3510250 (C.A.6 Cretin.))
(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-
eral Reporter.
Not for Publication in West's Federal Reporter See
Fed. Rule of Appellate Procedure 32.1 generally
governing citation of judicial decisions issued on 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
241195 Ignorance of Cause of Action
24lk95(10) Professional Negligence or
Malpractice
241k95(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.F"*
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 $8.9 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
0 2014 Thomson Reuters. No Claim to Orig. US Gov. Works.
Page 2
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.)))
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 $125— 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 courts 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(a)(2). 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 (Tenn.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. Emps. 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. Q
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 W L 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.),2011.
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
February 17, 2015
Stopdirtygovernment, LLC [mail to: records @commerce- group.com]
Re: GS #1238 (750)
In numbered paragraph 28 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 says that (Martin E. O'Boyle] is perpetuating unethical and abusive
activities ". In that connection, we would ask Attorney Sweetapple to provide all Public Records
which demonstrate such unethical and abusive activities.
Dear Stopdirtygovemment, LLC [mail to: recordsacommerce- eroup.coml,
The Town of Gulf Stream has received your public records requests dated July 31, 2014. If your
request was received in writing, then the requests can be found at the following link
httt): / /www2.gulf- stream. ore/ WebLink8 /0 /doc /17457/Pagel.astx. 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.
You will find the responsive documents at the same link. The attached records, previously
produced to you and/or your affiliates, are responsive to your request. The Town further responds
that the only other responsive public record is a June 6, 2014 memorandum by counsel for the
Town reflecting counsel's mental impressions and conclusions, which memorandum is exempt
pursuant to Fl. Stat. 119.071(1)(d). The exempt document relates to pending and reasonably
anticipated imminent litigation involving the Town, on the one hand, and Martin O'Boyle and
entities controlled by or affiliated with him including, but not limited to, Commerce GP, Inc., the
Commerce Group, Inc., Asset Enhancement, Inc., CG Acquisition Company, Inc., Citizens
Awareness Foundation, Inc., Airline Highway, LLC, N984AC Caravan LLC,
STOPDIRTYGOVERNMENT, LLC., and Jonathan O'Boyle and The O'Boyle Law Firm, on the
other hand.
We consider this matter closed.
Sincerely,
Town Clerk, Custodian of the Records