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HomeMy Public PortalAboutPRR 14-13041304 RECEIVED 08/02/2014 14:14 5613946102 SEV 08108/2014 1435 Commerce Group ftrA 4MW P.0021003 RECORDS REQUEST ('the "Request' Date of Request: 8/8/2014 Requestor's Request ID#: #098 REQUESTER Custodian of Records Swaetapple, Brooker $ varkas, P.L. REQUESTOR: Asset Enhancement, Inc. 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: 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 oyle Law Firm, P.C.. Jonathan O'Isicl And William Ring, .ra which was filed by Attomey Sweetapple. A copy of paragraph 3 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 REQUESTOR PROVIDED IN THE FLORIDA CONSTITUTION, IT IS REQUESTED THAT THIS RE CORDa REQUEST B FULFILLED IN r FCTRONIQ FORM. IF NOT AVAILABLE IN ELECIRONIC FORM IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED ON 11 X 17 PAPER NOTE: IN A L CA Ec (UNLESS IMPOSSIBLE) THE COPIES SHOULD B TWO SIDED AND SHOULD BE BIr Fn rry ACCORDANCE. WITH Section 11907(41 (a) (2) ALL ELECTRONIC COPIES ARE REQUESTED TO BE SENT BY E-MAIL, DELIYERY. 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 costa, 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/PRR 04.22.13 FORM RECEIVED 0B/OB/2014 14:14 5613946102 08108/2014 1435 Commerce Group Fdinit # 15549445 Electronically Filed 07/03/2014 01;14:36 PM MARTIN R O'BOYLE, Plaintiff, v. TOWN OF GULF STREAM, Defendant. SBV ffW)954360W P.0031003 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502014CA004474XXXXMB 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 Iaw 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 counsel, Sweetapple, Brooker & 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 (herei mft 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 it Florida foreign profit corporation on February 10, 2014, claiming its principal office as 2146 B. Huntingdon Street, Pblledelphia, Pennsylvania. 4. Upon information and belief, at the time of registering the O'Boyle Law Firm, P.C., Inc. (hereitraiierthe "O'Boyle Law Firms" ), as a Florida foreign profit corporation, the O'Boyle Law Firm LAW 0MCM OF SWparAFM1 BROOM k VAMA PL 1184- 30Sntwr, BooA RATON, aORmt 334323911 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