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