HomeMy Public PortalAboutPRR 14-13141,714
RECEIVED 08/08/2014 14:29 5613946102 S13V
0810812014 14:50 Commerce Group ffM543600807 P.002/005
RECORDS REQUEST (the "Request ")
Date of Request: 8/8/2014
Requestor's Request ID#: 101
REQUESTEE: Custodian of Records - Sweetapple, Brooker, Varkas, P.L.
REQUESTOR Airline Highway, LLC
REQUESTOR'S CONTACT INFORMATION: E- Mail: =olds@commerce- group.com
Fax: 954-360 -0807; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442
REQUEST:
Provide all Public Records PUrsuarnt—GWfilch Attorney sweartapple rolled upon to make the
statements that he made In numbered subpalaoraph 4a. (excluding subperanrophs 4,4b, 4c.,
4d„ 4e., 4f., 49•, 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 Lew Firm, P.C., Jonathan O'Isic]
And William Rind. Esquire which wan filad by Attorney Sweemoahs A copy of subparagraph 4a.
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 RECORDS REQUEST BE FULFILLED IN ELECTRONIC
FORM. IF NOT AVAILABLE IN ELECTRONIC FORM. IT IS REO iFeTED LAT THIS
RECORDS REQUEST BE FULFILLED ON 11 X 17 PAPER NOTE: IN 1& CA ff4 mnrr vac
IMPOSSIBLE) THE COPIES SHOULD BE TWO SHIED AND SHOULD BE BILLED IN
ACCORDANCE WITH Section 119.07(4) (a) (2)
ALL ELECTRONIC COPIES ARE REQUESTED TO BE NT BY IVtAn. DELIVERY
PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC
RECORDS REQUEST IN ADVANCE,
It will be required that the Requester approve of any costs, asserted by the Agency (as defined in
Fonds Statute, Chapter 119.01 (Definitions)), In advance of any costs Imposed to the Requestor by
the Agency,
ITINPR /$RR
04.22.13 FORM
RECEIVED 08/0812014 14:29 5613946102
08/08/2014 14:50 Commerce Group
Ming 9 15549445 Elecaonically Filed 07/03!2014 01:14:36 PM
MARTIN E. O'BOYLE,
Plaintiff;
V.
TOWN OF GULF STREAM,
Defendant.
SBV
fA)W3600807 P.0031005
IN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT, IN AND FOR PALM
BEACH COUNTY, FLORIDA
CASE NO.: 502014CA004474)0cxx vIB
DIVISION: AG
Defendant, Town Of Oulf 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 Preaident,
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, Bmeker & Varkas, P,L., and
Jones, Foster, Johnson & Stubbs, P.A., filed Defendant's Motion to Disquallfy 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. Siguifimntly, the O'Boyle Law Firm, F.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 Firm'), as aFlorida foreign profit corporation, the O'Boyle Law Firm
LAW OFPaae OF SWa67APPLe BROMM & VAaKA6, P1.
20 S.E. 3'Sraaar, BoCARAreM BWmoA33432 -3911
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08/0812014 14:50 Commerce Group (YAXR543600807 P.004/005
V. Town of Quifaneam
appears to have had no real business presence in Philadelphia, Pemiaylvania. Although it was
registered as a Pennsylvania Corporation on November 14, 2013, it further appears that:
L Tho 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 lied no
employees.
e. The O'Boyle Law Firer did not obtain an occupational license to conduct business
in the City of Philadephia.
E The O'Boyle Law Firm's sole principal, ofacer and director, Jonathan O'Boyle,
used his Florida cell phone number (561- 758 - 1223), as the $an telephone number.
g. Jonathan O' Boyle is a member ofthe Pennsylvania Bar, but not ofthe 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 Barbour Drive, his parent's home address.
J• At the time of the opening of the O'Boyle Law Finn 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 OMCat OrSWBETAMI7 BaescFa & VAW4 P.G.
20 S.& 3" 57AW, BWABAmN. PLeanM33432-3911
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Martin B. O'Boyle V. Town of Culfstream
CASE NO.502014CAD04474XXXXMBAC (PALM BEACH COUNTY)
I. 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, manse 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 finn, 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 Qulf
Stream.
9, '.These statements were made far 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
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20 $2.3'3taRSr, Boon RATON. PWRmA 33432.3911
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
September 29, 2014
Airline Highway, LLC [mail to: records @commerce- group.com]
Re: GS #1307 (141), #1308 (142), #1311 (127), #1312 (128), #1313 (129), #1314 (101)
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'[sic] 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.
Provide all Public Records which deomonstrate that Attorney Sweetapple alleged that a parry to
a litigation had committed fraud, when the other party (his client) confirmed that the other did
not commit fraud. What we are looking for here is legal pleadings and communications relative
to the subject matter of the legal pleadings.
In numbered paragraph 16 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, Attorney Sweetapple states the following "The misconduct is unprofessional, unethical
and it constitutes an egregious litigation abuse ". Please provide all Public Records which
demonstrate that the misconduct (as defined by Attorney Sweetapple) is unprofessional.
In numbered paragraph 16 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, Attorney Sweetapple states the following "The misconduct is unprofessional, unethical
and it constitutes an egregious litigation abuse ". Please provide all Public Records which
demonstrate that the misconduct (as defined by Attorney Sweetapple) is unethical.
In numbered paragraph 16 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, Attorney Sweetapple states the following "The misconduct is unprofessional, unethical
and it constitutes an egregious litigation abuse ". Please provide all Public Records which
demonstrate that the misconduct (as defined by Attorney Sweetapple) constitutes an egregious
litigation abuse.
Provide all Public Records pursuant to which Attorney Sweetapple relied upon to make the
statements that he made in numbered subparagraph 4a. (excluding subparagraphs 4, 4b.,
4c.,4d., 4e., 4f., 4g., 4h.,4,4j., 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 4a. of the referenced Motion is attached.
Dear Airline Highway, LLC [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: htty://www2.gulf-
stream. ore /WebLink8 /0 /doc /20100/Pagel.asnx, http://www2.gulf-
stream. org/ WebLink8 /0 /doc/20101/Pagel.aslx, http://www2.gulf-
stream. org/ WebLink8 /0 /doc/20104/Pagel.aspx, htto://www2.gulf-
stream.org/WebLink8 /0 /doc /20105/Pagel.asnx, http://www2.gulf-
stream.org/WebLink8 /0 /doc /20106/Pagel.asyx, and http://www2.gulf-
streatn.org/WebLink8/0/doc/20107/Pagel.asi)x.
Be advised that no such records exist.
We consider this matter closed.
Sincerely,
Town Clerk
Custodian of the Records