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Home My Public Portal AboutPRR 14-13011301 RECEIVED 08/08/2014 14:11 5613946102 S13V 08108/2014 1433 Commerce Group (FAM549800807 P.0021005 RECORDS REQUEST (the "Request'? Date of Request. 8/8/2014 Requestor's Request ID#: 109 REQUESTEE: Custodian of Records - Sweetappie, Brooker, Varkas, P.L. REQUESTOR: Asset Enhancement, Inc. REQUESTOR'S CONTACT INFORMATION: E -Mail: records@commerce- group.com Fax: 954360 -0807; Address: 1280 West Newport Ceater Drive, Deerfield Beach, FL 33442 Provide all Public Records pursuant to which Attorney Sweetupple relied upon REQUEST: to make the statement that he made in numbered paragraph 4(I) (excluding ., the DAfendanPc Motinn For Sanctions Agalngj Plaintiff, Marlin E. O RRyI$,_ Counsel of Record, The O'Boyle Law Firm, P.C., Jonathan O'(slc] And William Ring, Esquire which was filed by Attorney SWOstapple. A copy of subparagraph 41. of the referenced Motion is attached 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 REC RD R UEST BE FULFILLED IN EL i FORM. IF NOT AVAILABLE IN ELECTRONIC FORM IT IS REOUESTED THAT THIS RECORDS REQUEST BE FULFILLED ON 11 X 17 PAPER NOTE IN ALL CAE (UNLESS IMPOSSIRL E THE COPIES SHOULD BE PRO SIDED AND SHOULD BE BILLED ACCORDANCE WITH Section 119,07(4) (a) (2) ALL ELEC SENT BY E-MAIL DELIVERY. PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANT) 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(Definidons)), in advance of any costs Imposed to the Requestor by the Agency. I:PMPRIFRR 0427 13 FORM RECEIVED 08/08/2014 14:11 5613946102 08108/2014 14:33 Commerce Group Filing 0 15549445 Eleetmnieally Filed 07/032014 01;1436 PM MARTIN E. O'BOYLE, plaintiff, v. TOWN OF GULF STREAM, Defendant SHV ffA00543600807 P.0031005 IN THE CIRCUIT COURT OF THE ISM JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. :502014CA004474XXXXMB DIMION: 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: I . On May 30, 2014, Defendant, through its wuosel, 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 1- Huntingdon Street, Philadelphia, Pennsylvania. 4. Upon Information and belief, At the time of registering the O'Boyle Law Finn, p,C., Inc, (hereinafter the "O'Boyle Law Pirm "), as a Florida foreign profit corporation, the O'Boyle Law Finn LAW Otmcea a+awaseAprLA 13ROMMR & VAM", P.L 208-F 3mS"s6T BorAF„ IroK PLealDA33432 -3911 RECEIVED 08/08/2014 14:11 5613946102 SBV 08/0812014 1433 Commerce Group 00543807 P.0041005 v. Town appears to have had no real business presence in Philadelphia, Pennsylvania. Although it was registered as a Pennsylvania Corporation on November 14, 7013, it further appears that. a. no O'Boyle Law Finn did not own or lease any commercial space there. b. The O'Boyle Law Finn 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 Peansyl vanis 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 ofthe 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 WestNewport Center Drive, Deerfield Beach, Florida. It is still operated out of this building, which is owned or controlled by Martin O'Boyle, 2 Iww OmiaaserSwe:rAMS, BROacat A VAaxAt, P.L. 7.0 S.B.3"O STaesr, BocARAmK PWman33432-3911 RECEIVED 08/00/2014 14 :11 5613946102 0810812014 14:33 Commerce Group Martin E. O'Boyle v. Town of Gulfstream SBV 0:49543600507 P.0051005 1. Since opening the O'Boyle Law Firm, Jonathan O'Boyle has had a constant presence in the State of Florida handling legal matters for his father and his father's businesses, including at least four (4) pro hac vice appearances. m. Jonathan O'Boyle has misrepresented his residence as part of his filings with the Court and/or the Bar. 5. Immediately after Defendant filed 'the Motion ", Plaintiff, Martin O'Boyle (hereinafter "O'Boyle ") and his counsel, William Ring, requested a meeting with Joanne M O'Connor, John C, Randolph and Sidney Stubbs of the Jones Foster law firm, 6. On June 4, 2014, O'Boyle, William Ring, Joanne O'Connor, and John Randolph met in the offices of Jones Foster. Mr. Stubbs was not in attendance. 7. O'Boyle indicatedthe meeting should be confidential in nature as itwas called for the purpose of arriving at a settlement. However, PIaintiff 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 propose 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 t.nw 0re"op Swesrnpris, Boom ER & Vnawrs, P.L. 1b s.e. 3"0 SM=, BOCA RnTON, FLORIDA33432 -3911 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail October 30, 2014 Asset Enhancement, Inc. [mail to: records @commerce- group.com] Re: GS #1293 (121), #1296 (115), #1297 (116), #1298 (117), #1301 (109), #1304 (98) Please provide all Public Records which confirm the validity of the statement made by Attorney Sweetapple in numbered paragraph 12 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 confirming the statement in numbered paragraph 5 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 wherein Attorney Sweetapple states "Immediately after Defendant filed "the Motion ", Plaintiff,' Martin O'Boyle (hereinafter "O'Boyle').... requested a meeting with ..... the Jones Foster lawfrm. Provide all Public Records which confirm all of the statements made by Attorney Sweetapple in numbered paragraph 7 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. Provide all Public Records confirming the statement of Attorney Sweetapple in numbered paragraph 8 of the Defendant's Motion For Sanctions Against Plaintiff, Martin E. O'Boyle, Counsel of Records, The O'Boyle Law Firm, P. C., Jonathan O'Boyle And William Ring, Esquire, which was filed by Attorney Sweetapple. Provide all Public Records pursuant to which Attorney Sweetapple relied upon to make the statements that he made in numbered subparagraph 4i. (excluding subparagraphs 4, 4a., 4b., 4c., 4d., 4e., 4f., 4g., 4h., 4j., 4k., 41. And 4m.) of the Defendant's Motion For Sanctions Against Plaintiff, Martin E. 0Boyle, 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 ofsubparagraph 4i. of the referenced Motion is attached. Please provide all Public Records which confirm the validity of the statement made by Attorney Sweetapple in numbered paragraph 3 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'fsicj And William Ring, Esquire, which was filed by Attorney Sweetapple. A copy ofparagraph 3 of the referenced Motion is attached. Dear Asset Enhancement, Inc. [mail to: recordsecommerce- group.coml, This letter provides you with the full production of public records you have requested on August 8, 2014. Your original request can be viewed at the following links: http://www2.gulf- stream. ore /WebLink8 /0 /doc /20086/Pagel.asRx, http://www2.gulf- stream.org/WebLink8 /0 /doc /20089/Pagel.aspx, http://www2.gulf- stream.org/WebLink8 /0 /doc /20090/Pagel.aspx, http://www2.gulf- stream.org/WebLink8 /0 /doc /20091/Pagel.asyx, http://www2.gulf- stream.org/WebLink8 /0 /doc /20094/Pagel.aspx, and ht_pt : / /www2.gulf- stream.org/WebLink8 /0 /doc /20097/Pagel .aspx. Similar requests were made to the town and the responsive documents are as follows: For GS# 1293, responsive documents can be found at the following link: http://www2.gulf- stream.org/WebLink8 /0 /doc /17343/Page l .aspx. For GS# 1296, responsive documents can be found at the following link: httv://www2.gulf- stream.org/WebLink8 /0 /doc /17391/PageLam. The attached correspondence is being produced to you solely in an abundance of caution and without waiving the Town's position that it is not a public record as it was not copied or forwarded to the Town. The Town further responds that the only other responsive public record is a June 6, 2014 memorandum by counsel for the Town reflecting the reflecting counsel's mental impressions and conclusions, which memorandum is exempt pursuant to Fla. Stat. § 119.071(1)(d). The exempt information here relates to pending and reasonably anticipated imminent litigation involving the Town, William Thrasher, Garrett Ward, Scott Morgan and Robert Sweetapple, 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., Commerce Realty Group, Asset Enhancement, Inc., CG Acquisition Company, Inc., Citizens Awareness Foundation, Inc., Airline Highway, LLC, N984AC Caravan LLC, CRO Aviation, Inc., and STOPDIRTYGOVERNMENT, LLC., and Christopher O'Hare, on the other hand. For GS# 1297, the responsive documents can be found at the following link: http://www2.gulf- stream.org/WebLink8 /0 /doc /17335/Pagel.aspx. The attached correspondence is being produced to you solely in an abundance of caution and without waiving the Town's position that it is not a public record as it was not copied or forwarded to the Town. The Town further responds that the only other responsive public record is a June 6, 2014 memorandum by counsel for the Town reflecting the reflecting counsel's mental impressions and conclusions, which memorandum is exempt pursuant to Fla. Stat. § 119.071(1)(d). The exempt information here relates to pending and reasonably anticipated imminent litigation involving the Town, William Thrasher, Garrett Ward, Scott Morgan and Robert Sweetapple, 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., Commerce Realty Group, Asset Enhancement, Inc., CG Acquisition Company, Inc., Citizens Awareness Foundation, Inc., Airline Highway, LLC, N984AC Caravan LLC, CRO Aviation, Inc., and STOPDIRTYGOVERNMENT, LLC., and Christopher O'Hare, on the other hand. For GS# 1298, responsive documents can be found at the following link: http://www2.gulf- stream.org/WebLink8 /0 /doc /17463/Pagel.asnx. The attached correspondence is being produced to you solely in an abundance of caution and without waiving the Town's position that it is not a public record as it was not copied or forwarded to the Town. The Town further responds that the only other responsive public record is a June 6, 2014 memorandum by counsel for the Town reflecting the reflecting counsel's mental impressions and conclusions, which memorandum is exempt pursuant to Fla. Stat. § 119.071(1)(d). The exempt information here relates to pending and reasonably anticipated imminent litigation involving the Town, William Thrasher, Garrett Ward, Scott Morgan and Robert Sweetapple, 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., Commerce Realty Group, Asset Enhancement, Inc., CG Acquisition Company, Inc., Citizens Awareness Foundation, Inc., Airline Highway, LLC, N984AC Caravan LLC, CRO Aviation, Inc., and STOPDIRTYGOVERNMENT, LLC., and Christopher O'Hare, on the other hand. For GS# 1301, responsive documents can be found at the following link: http://www2.gulf- stream.org/WebLink8 /0 /doc/l 7379/1agel .asox. For GS# 1304, responsive documents can be found at the following link: http://www2.gulf- stream.orelWebLink8 /0 /doc / 17384/Pagel .asox. We consider this matter closed. Sincerely, Town Clerk Custodian of the Records