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Home My Public Portal AboutPRR 14-1288RECEIVED 08/88/2014 13:22 5613946102 SBV 1 2 8 8 0810812014 13:43 Commerce Group ft *543011(17 P.002/005 RECORDS REQUEST (the " Request'D Date of Request: 818/2014 Requestor's Request ID#: 103 REQUESTEE: Custodian of Records - Sweetapple, Brooker, Varkas, P.L. REQUESTOR: Commerce GP, Inc. REQUESTOWS CONTACT INFORMATION: E -Mail: recards@commerce- group.com Fax: 954360 -0807; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: Provide all Public Records pursuant to which Attorney Swastapple relWd upon to make the statements that a ma e n num ere su paragrap axc u ng su poragrap s , , 4b.. 4d., 4e. 4f., 4a 4h 41.,41.,4k., 41 and 4m) of the Defendant's Motion For Sanctions Against Plaintiff, Martin E. O'Boyle, Counsel of Record, ThaO'Boyte Low Firm, P.C., Jonathan 0' Ieiol And V011am Ring, Esquire, which was led by Attomey Swaetnppre. A renv of aahnwranronh 4 ar thn oderancad Motion i th. h' ADDITIONAL INFORMATION REGARDING REQUEST: THIS REQUEST IS MADE PURSUANT TO PUBLIC RECORDS ACT, CHAPTER 119 OF THE FLORIDA STATUTES AND IS ALSO REQUESTED UNDER THE COMMON LAW RIGHT TO KNOW, THE COMMON LAW RIGHT OF ACCESS; AND ANY STATUTORY RIGHT TO KNOW (INCLUDING, WITHOUT LIMITATION, ANY STATUTORY RIGHT OF ACCESS, AS APPLICABLE). THIS REQUEST IS ALSO MADE PURSUANT TO THE RIGHTS OF THE REQUESTOR PROVIDED IN THE FLORIDA CONSTITUTION. TT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED IN ELECTRONIC CORM. IF NOT AVAILABLE IN ELECTRONIC FORM IT IS REQUESTED THAT THIS REQQRDS REQUEST BE FULFIr,r En ON 11 X 17 PAPER NOTE IN AT I CASES (UNLESS IMPOSSIBLE) THE COPIES SHOULD BE TWO SD)ED AND SHOT D BE BILLED IN ACCORDANCE WITH Section 119.07(4) (s) (2) ALL ELECTRONIC COPIES ARF REnrrEgT7rD TO BE SENT BY MAii 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 (99 defined in Florida Statute, Chapter I 19.01 (Definitions)), in advance of any costs imposed to the Requestor by the Agency. kP/NPR/FRR 04.22.13 FORM RECEIVED 08/08/2014 13:22 5513946102 0810812014 13:43 Commerce Group Fning # 15549445 ElecnonlcaAy Filed 07/03/2614 01:14:36 PM MARTIN E. O'BOYLB, Plaintiff', V. TOWN OF GULF STREAM, Defendant. SBV 0:49S43600807 P.0031005 IN THE CIRCUIT COURT OF THE I5TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502014CA004474XXXX vIB DIVISION: AG 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, Hto & Varkas, P L., and Jones, Foster, Johnson &r 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 (hcroinafter 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 R Huntingdon Street, Philadelphia, Pennsylvania. 4. Upon information and belief, at the time of registerin the O'Boyle Law Firm, P.C, Inc, (hereinafter the "O'Boyle Law Finn"), as aFlorida foreigrlprofit corporation, the O'Boyle Law Firm LAW 0FFX0 OFSWMTAPPLa, BROM RA VARKa, P.L. 208.B.3"87near,BocARAroa, FLORiDA33432 -3911 RECEIVED 08/08/2014 13:22 5613946102 SBV 0810812014 13:44 Commerce Group ffARp543M07 P.0041005 Martin E. O'Hoyle V. Town of oulCannsm CASE NO. 502014CA004474XXJ XI GAQ (PALM BEACH COUN y) appears to have had no real business presence in Philadelphia, Permaylvania 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 Finn did not have a business telephone line. e, The O'Boyle Law Film had no employers 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 Film did not obtain an occupational license to conduct business in the City of Philadephia. £ 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 thePeansylvania 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 plorida, 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 Onwo wSwmAPrta, HaowsK R VAaane, p.L. 20 $,E, 3'O Srare , HOUAHA.TON. PLORMA 33432.3911 RECEIVED 08/08/2014 13:22 5613946102 SBV 0810812014 13:44 Commerce Group 00954360080) P.0051005 v. Town ofGulfeveam 1, Since opening the O'Boyle Law Firm, Jonathan O'Boyle has had a constant presence in the State of Florida handling legal matters for his father and his father's businesses, including at least four (4) pro hac vice appearances. m. Jonathan O'Boyle has misrepresented his residence as part of his filings with the Court and/or the Bar. 5. Immediately after Defendant filed "the Motion ", plaintiff, Martin O'BoyIe (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 fimn 6. On June 4, 2014, O'Boyle, William Ring, Joanne O'Connor, and John Randolph met in the Offices of Jones Poster. Mr. Stubbs was not in attendance. 7. O'Boyle indicated the meeting should be confidential in nature as it was called forthe 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 fiuther 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 opscss or SWMAPPIA BROMoM & VAR%Ar, P.4 20 9,5, 3"STRea,nos RNMN.FLO WA 33432 -3911 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail September 23, 2014 Commerce GP, Inc. [mail to: records @commerce- group.com] Re: GS #1281 (138), #1287 (104), #1288 (103) In 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 pursuant to which Attorney Sweetapple is using to challenge that Jonathan O'Boyle has an interstate law firm. Provide all Public Records pursuant to which Attorney Sweetapple relied upon to make the statements that he made in numbered subparagraph 4d. (excluding subparagraphs 4, 4a., 4b., 4c., 4e., 4f., 4g., 4h., 4i., 4j., 4k., 41. And 4m.) 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 (sic) And William Ring, Esquire, which was filed by Attorney Sweetapple. A copy of subparagraph 4d. of the referenced Motion is attached. Provide all Public Records pursuant to which Attorney Sweetapple relied upon to make the statements that he made in numbered subparagraph 4c. (excluding subparagraphs 4, 4a., 4b ... 4d., 4e., 4f., 4g., 4h.,4i.,4j., 4k., 41. And 4m) 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' [sicj And William Ring, Esquire, which was f led by Attorney Sweetapple. A copy of subparagraph 4c. of the referenced Motion is attached. Dear Commerce GP, Inc. [mail to: records @commerce- group.com], This letter is in response to the public records you have requested in your email received August 8, 2014. This correspondence is reproduced at the following links: http://www2.gulf- stream. ore /WebLink8 /0 /doc /20074/Paeel.asnx. http://www2.gulf- stream.or¢/WebLink8 /0 /doc /20080/Pa eg l.aspx, and htty://www2.gulf- stream.orWWebLink8 /0 /doc /20081 /Pagel .aspxx. Be advised that no such records exist. We consider this matter closed. Sincerely, Town Clerk Custodian of the Records