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HomeMy Public PortalAboutPRR 14-142309:32: 00 a.m. 09 -17 -2014 1 1 1 9M2 07 0911712014 09:34 Commerce Group (FAX)9543600807 Asset Enhancement, Inc. 1280 West Newport Center Drive Deerfield Beach, FL53442 Td. phan e: 954.360.7713 T.lecOpy: 954.360.0807 TELECOPIER TRANSMITTAL PAGE DATE: 9117/2014 FROM: TO: Custodian of Records Town of Gulf Stream4wl 1 l 1 " 11 " 1 1 NUMBER OF PAGES INCLUDING TRANSMITTAL PAGE 2 IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL #954-360 -7713 X Original will notfollow original will follow via: _ Regular Mail _ Overnight Delivery _ Hand Delivery Other: P.0011002 09:32:50 a. m. 09 -17 -2014 1 2 1 9543000007 09117/2014 09:34 Commerce Group TAX)9543600807 P.0021002 RECORDS REQUEST (the "Request') Date of Request: 9/16 /2014 Requestor's Request ID#: 832 REQUESTEE: Custodian of Records Town of Gulfstream 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: Deposition of Martin O'Boyle on September 16, 2014 and which were brought by Scott Morgan, William Thrasher, Bob Sweetapple and /or Joanne u-L;onnor tine --NK•s--) we woula request a privilege log for any document or other (PR's) which the Requestee asserts are privileged and which the eques ee asserts that e Requestor s not entitled o rece ve sa 's. As to the PR's, please identify which PR's came from each of the party's above. enumerated ADDITIONAL INFORMATION REGARDING REQUEST: THIS REQUEST 15 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 REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED ON 11 X 17 PAPER. NOTE: IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 10,0701(a) (2) ALL ELECTRONIC COPIES ARE REQUESTED TO BE SED11 BY E -MAIL 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 (as defined in Florida Statute, Chapter 119.01 (Definitions)), In advance of any costa imposed to the Requestor by the Agency. h?/NPR/FRR 09.12.14 FORM TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail October 9, 2014 Asset Enhancement, Inc. [mail to: records @commerce- group.com] Re: GS #1423 (832) Provide a copy of all non privileged Public Records which were at the Deposition of Martin O'Boyle on September 15, 2014 and which were brought by Scott Morgan, William Thrasher, Bob Sweetapple and /or Joanne O'Connor (the "PR's') We would request a privilege log for any documents or other (PR's) which the Requestee asserts are privileged and which the Requestee asserts that the Requester is not entitled to received said PR's. As to the PR's, please identify which PR's came from each of the party's enumerated above. Dear Asset Enhancement, Inc. [mail to: recordsna,commerce- grouo.coml, The Town of Gulf Stream received your public records request on September 17, 2014. If your request was received in writing, then the request can be found at the following link: http:// www2.gulf- stream.org/WebLink8 /0 /doe /21016/Pagel.asox. If your request was verbal, then the description of your public records request is set forth in the italics above. In future correspondence, please refer to this public records request by the above referenced number. The Town of Gulf Stream is currently working on a large number of incoming public records requests. The Town will use its very best efforts to further respond to your public records request in a reasonable amount of time. Sincerely, Town Clerk TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail March 11, 2015 Asset Enhancement, Inc. [mail to: records @commerce - group.com] Re: GS #1423 (832) Provide a copy of all non privileged Public Records which were at the Deposition of Martin O'Boyle on September 15, 2014 and which were brought by Scott Morgan, William Thrasher, Bob Sweetapple and /or Joanne O'Connor (the "PR's') We would request a privilege log for any documents or other (PR's) which the Requestee asserts are privileged and which the Requestee asserts that the Requestor is not entitled to receive said PR's. As to the PR's, please identify which PR's came from each of the party's enumerated above. Dear Asset Enhancement, Inc. [mail to: records6E4commerce- eroun.coml, The Town of Gulf Stream received your public records requests on September 17, 2014. You should be able to view your original requests at the following link http://www2.gulf- stream. ore/ WebLink8 /0 /doc /21016/Paeel.asox. If your request was verbal, then the description of your public records request is set forth in the italics above. In future correspondence, please refer to this public records request by the above referenced numbers. This request failed to identify documents you seek with specificity. Notwithstanding this fact, the town responds that the exhibits to Mr. O'Boyle's deposition are public records which were at the deposition September 15, 2014. The exhibits are embedded within the deposition transcripts which are attached to the email. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records In The Matter Of: MARTIN E. O'BOYLE v. TOWN OF GULF STREAM Deposition of'MARTIN O'BOYLE September 15, 2014 Vol 11 DEBRA DURAN A S S O C I A T E S Hr�i�trretl /'rnJi'c�'inntt! Xr /tnrtrr� Itrd��lq.�il4i i West Palm Beach, Florida 33402 561- 313 -8000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE No.502014CA004474XXXXMB MARTIN E. O'BOYLE, Plaintiff, -vs- VOLUME II TOWN OF GULF STREAM, Defendant. CONTINUED VIDEOTAPED DEPOSITION OF MARTIN E. O'BOYLE TAKEN AT THE INSTANCE OF THE DEFENDANT Monday, September 15, 2014 9:50 a.m. - 5:47 p.m. 224 Datura Street Suite 1405 West Palm Beach, Florida 33401 Reported By: Debra Duran - Bornstein, RPR Notary Public, State of Florida Debra Duran & Associates 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 APPEARANCES: On behalf of the Plaintiff: DANIEL DESOUZA, ESQUIRE DESOUZA LAW, P.A. 1515 N. University Drive Suite 209 Coral Springs, Florida 33071 NICK TAYLOR, ESQUIRE THE O'BOYLE LAW FIRM P.C., INC. 1286 West Newport Center Drive Deerfield Beach, Florida 33442 On behalf of Jonathan O'Boyle, William Ring & The O'Boyle Law Firm PC., Inc. CULVER SMITH, III, ESQUIRE CULVER SMITH III, P.A. 500 Australian Avenue South Suite 600 West Palm Beach, Florida 33401 Co- Counsel on behalf of the Defendant: ROBERT A. SWEETAPPLE, ESQUIRE SWEETAPPLE, BROEKER & VARKAS, PL 20 S.E. 3rd Street Boca Raton, Florida 33432 Co- Counsel on behalf of the Defendant: JOANNE O'CONNOR, ESQUIRE JONES, FOSTER, JOHNSTON & STUBBS 505 South Flagler Drive, Suite 1100 West Palm Beach, Florida 33401 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 157 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ALSO PRESENT: William Ring, Esquire The O'Boyle Law Firm PC, Inc. Jason Peterson, Videographer Legal Graphicworks Doug Stacy, Videographer Scott Morgan, Mayor Town of Gulf Stream William Thrasher, Town Manager Town of Gulf Stream Christopher O'Hare Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 158 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 E X H I B I T S DESCRIPTION PAGE (DEFENDANT'S EX. 7 AIRLINE HIGHWAY, LLC 176 PRINTOUT DEFENDANT'S EX. 8 CRO AVIATION, INC 180 CORPORATION DOCUMENT DEFENDANT'S EX. 9 STOP DIRTY GOVERNMENT LLC, 184 CORP DOCS DEFENDANT'S EX. 10 OUR PUBLIC RECORDS LLC 185 CORP DOGS DEFENDANT'S EX. 11 COMMERCE GP, INC 187 DEFENDANT'S EX. 12 CG ACQUISITION COMPANY 189 DEFENDANT'S EX. 13 ASSET ENHANCEMENT, INC. 190 DEFENDANT'S EX. 14 STATEMENT OF CHANGE OF 194 REGISTERED OFFICE DEFENDANT'S EX. 15 CITIZENS AWARENESS 194 FOUNDATION CHANGE OF REGISTERED AGENT DEFENDANT'S EX. 16 JUNE 6, 2014 LETTER TO 251 TOWN OF GULF STREAM Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 159 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 160 CONTINUED PROCEEDINGS THE VIDEOGRAPHER: The time is 2:36 p.m. We're back on the record. BY MR. SWEETAPPLE: Q. Thank you. Mr. O'Boyle, the Citizens Awareness Foundation, Inc., it doesn't have any income, does it? A. I don't know. Q. It just exists to bring public records litigation, right? A. I don't know. Q. Weren't you the one that was involved in having the entity formed? A. I don't think so. Q. And didn't you review and approve the mission statement for the entity? A. No. I think it was Mr. Chandler. Q. Well, didn't you review it and approve it? A. I don't think so. Q. And weren't you aware that its sole purpose was going to be to front litigation through your son's law firm? A. No. Q. And are you aware of the Citizens Awareness Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 161 Foundation versus Joel Chandler lawsuit that was filed in the Seventh Judicial Circuit on or about August of this year -- December 6th. Were you aware that lawsuit was filed? A. Can you say that again? Q. Were you aware that lawsuit was filed? A. Which lawsuit would that be? Q. Citizens Awareness Foundation, Inc., versus Joel Chandler. A. Can you tell me more about it? Q. It's a suit against Mr. Chandler. It alleges that he breached his fiduciary duty and other claims. A. I believe I am aware of that, yes. MR. DESOUZA: That's the Complaint? MR. SWEETAPPLE: Yes, it's the Complaint. BY MR. SWEETAPPLE: Q. And did you have any involvement in the preparation of this complaint? A. No. Q. Do you know who, at Citizens Awareness Foundation, Inc., caused this complaint to be filed? A. No. Q. As part of the -- what is the purpose of Citizens Awareness Foundation, Inc? A. It is to educate the people in connection with Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 162 public records; and to make public records requests. And to the extent public records requests are made and they're not filled, to consider litigating the issue. I think all of that is in the statement that Mr. Chandler prepared. Mr. Chandler prepared it, and whatever that says, we were going along with it. Q. Okay. Well, he says that you absolutely were not going along with any of the legitimate uses of Citizens Awareness Foundation but, rather, you, Mr. Ring and Ms. De Larmartini insisted that his sole purpose was to go generate lawsuits and to give them to your son and his law firm. Are you aware of that? MR. TAYLOR: Objection. MR. DESOUZA: Objection. Form. MR. SMITH: Object to form. MR. DESOUZA: He said this when? BY MR. SWEETAPPLE: Q. Are you aware of that, Mr. O'Boyle? A. Can you say that again, please? Q. Are you aware that it's Mr. Chandler's sworn position that despite the fact that he intended to work for those reasons, that is, that there were some social purposes; that, in fact, your instructions, Mr. Ring's instructions, and Ms. De Larmartini's instructions were that he was to, on a full -time basis, go out and Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Awareness. BY MR. SWEETAPPLE: Q. You know nothing about Citizens Awareness Foundation? A. Nothing whatsoever. Q. So any a -mails that are between you and individuals regarding Citizens Awareness, that is really not you? A. Well, let me see them. Q. Are you aware of any a -mails that you sent to Mister -- Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 163 generate public record requests lawsuits so that they could be prosecuted by your son and his law firm? MR. SMITH: Object to form. MR. TAYLOR: Same. MR. DESOUZA: Objection. BY MR. SWEETAPPLE: Q. That's his sworn testimony. A. He lied under oath. Q. And, in fact, in the lawsuit that was filed, you allege that Mister -- MR. TAYLOR: Who's the plaintiff in the case? MR. SWEETAPPLE: Citizens Awareness Foundation Inc. The entity that you are funding. THE WITNESS: I know nothing about Citizens Awareness. BY MR. SWEETAPPLE: Q. You know nothing about Citizens Awareness Foundation? A. Nothing whatsoever. Q. So any a -mails that are between you and individuals regarding Citizens Awareness, that is really not you? A. Well, let me see them. Q. Are you aware of any a -mails that you sent to Mister -- Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 164 A. I haven't seen any e- mails. Q. Have you exchanged any a -mails with Mr. Chandler this year? A. Yes, I think I have. He stole a bunch of money, and I asked him to please come back and bring it back. Q. He also accused your son of being involved in a windfall scheme, including Mr. Taylor, where defendants in Citizens Awareness Lawsuits were being held up for fees that were not earned by the firm, and you demanded that Mr. Chandler retract that e-mail, correct? MR. SMITH: Object to the form. MR. DESOUZA: Objection. Form. MR. TAYLOR: Objection. THE WITNESS: No. That's not true. BY MR. SWEETAPPLE: Q. What happened? A. He did send -- he came in, and I don't remember the date. It was -- I think the first part of June. And my secretary called me and said, Joel Chandler was here. He left a bag of stuff and an e -mail saying he resigns effective immediately. And he wants you to call him. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 165 So I called him, and I couldn't get him. And I either got him that night late, or the following day. I just don't remember. And I forget your question. Q. You said you called Mr. Chandler that night. A. Yeah. Q. Why did you call Mr. Chandler if you're not involved with Citizens Awareness Foundation? A. Because he asked me to call him. As an example, if you asked me to call you, I would call you, too. Q. Mr. O'Boyle, my question dealt with the fact that you were made aware that one reason Mr. Chandler was resigning was because of communications between he and Mr. Taylor involving your son's insistence that lawsuits be settled with defendants of Citizens Awareness Foundation for more money than was incurred in attorney's fees and costs. MR. DESOUZA: Objection to form. MR. TAYLOR: Form. BY MR. SWEETAPPLE: Q. Are you aware of that? A. I know there was an e -mail. I told you what I know, I called him later on. And I said, "Where is the stuff ?" And he said, "You got everything you're Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 166 getting." And he's never called back since. I've called him several times after that. Q. In fact, you made a demand of Mr. Chandler that if he didn't retract the e-mail, you were going to visit unpleasantness upon him, didn't you? A. No. He made that -- he states that in an e -mail. Q. You never said that? A. No. I never said that. Q. And the only reason you were talking to Mr. Chandler when he resigned from Citizens Awareness Foundation is because he asked you to? A. Well, I really wanted to get what he stole back. Q. And what did he steal? A. Money. Q. He stole money? A. Yes. Q. How much money did he steal? A. I think 15 or 25,000. I don't remember. Q. Who did he steal it from? A. I guess -- what's the name of that company? Citizens Awareness? Q. And in Paragraph 10 of the Complaint, Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 167 Exhibit 6, the attorneys for Citizens Awareness Foundation, Inc., which you claim to have no involvement A. None. Q. And I'm going to give you a chance to try to retract your statement. A. Lucky me. Q. Are you telling us under oath that you were not involved in any of the activities of Citizens Awareness Foundation other than loaning them money? A. Other than loaning them money and returning Joel's e -mail. Yeah. A phone call. Q. And we'll spend a little time on that when I go through all of the communications that I have chronicled here, including your threat -- your threat on -- let's go through them so I can give you verbatim quotes. That will be the best way to do it, Mr. O'Boyle. So it says in the lawsuit in Paragraph 10. "Prior to February 17, 2014, Chandler filed hundreds of lawsuits throughout Florida (including at least five in this judicial district) relating to alleged violations of the Public Records Act and Sunshine Laws." Then he goes on in Paragraph 12. "Because of Chandler's extensive and unique experience coinciding Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 168 with plaintiff's desire to promote government transparency, then plaintiff actively sought out and communicated with Chandler regarding his possible employment with plaintiff." You're the one who personally solicited Mr. Chandler to work for an entity, and Citizens Awareness Foundation was formed the very day that he was hired, right? MR. DESOUZA: Objection to form. THE WITNESS: You asked two questions. Q. Let me break it down for you. You're the one who solicited, having Mr. Chandler come work for a not- for - profit entity to make public records requests claims and lawsuits, right? A. No. Q. And he stayed at your home for a period of time in January, didn't he? A. Yeah, a day. Q. Then you put him up in a hotel, right? A. If he did, I don't know what hotel he stayed at. Q. Well, he used your funds while he was down here, right, to live? A. When a guy works for you, you usually pay his Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 169 expenses. Q. He was working for you, right? A. Well, when I say "a guy works for you ", a guy works -- I used the companies together and I shouldn't. He needed a credit card in order to pay for a hotel room. My secretary, Brenda, got him a credit card. I've never seen it. Q. But Citizens Awareness Foundation wasn't even formed for weeks after that. A. That could be. Q. He was working for you at the time, right? A. I don't think so, but... Q. And it says, "After several lengthy discussions over a period of approximately two weeks, plaintiff and Chandler entered into a memorandum of understanding on February 17th." Who were those lengthy discussions with between plaintiff and Chandler? Was that Martin O'Boyle or somebody else, Mr. O'Boyle? A. It was with no one. It was Mr. Chandler, who prepared the memorandum, is my understanding. I don't think anybody changed it. Q. Well, it says "after several lengthy discussions over a period of approximately two weeks, plaintiff and Chandler entered into a memorandum of Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 170 understanding." Who, on behalf of the plaintiff, was having these communications? A. Don't know. Q. Wasn't it you? A. No. Q. And one of the agreements that Mr. Chandler was required to specifically agree to between the alleged plaintiff and Mr. Chandler, was "Chandler will refer violations of open government laws encountered in the course of his duties to legal counsel approved by the Foundation." Do you remember that being one of the terms of his employment? A. No, I do not. Q. Take a look at the lawsuit that was filed by Citizens Awareness Foundation, Inc. And is Mr. Ring still involved in that entity? A. I don't know. Q. And Ms. De Larmartini, is she still involved in that entity? A. I don't know. Q. Didn't you direct that names of people be changed; that Mr. Chandler become the president back in June? A. Not that I recall. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Pagc 171 Q. Did you have any discussions with anybody where you determined who were going to be the officers of this entity? MR. DESOUZA: Objection. Form. THE WITNESS: I don't recall. BY MR. SWEETAPPLE: Q. And so do you have any idea who these conversations were with between the plaintiff and the -- and Mr. Chandler where he agreed that he would refer violations of open government laws encountered in the course of his duties to legal counsel approved by the Foundation? A. I don't know. Q. Who was the legal counsel approved by the Foundation? A. I don't know. Q. Well, how many lawsuits has Citizens Awareness Foundation filed in the state of Florida? MR. DESOUZA: Bob, he is here as Martin O'Boyle. He is not here as Citizens Awareness Foundation. As far as I know, he is not a plaintiff in that lawsuit. It appears at this point you're trying to get a free bite at the apple doing discovery in actions where this guy is not even a party, so. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 172 MR. SWEETAPPLE: I think he is. I think he is Citizens Awareness Foundation. That is going to be part of my counterclaim. And when I go on to all the facts I have here, you will see he is Citizens Awareness Foundation and he is not telling me the truth in his deposition. MR. DESOUZA: Well, you're entitled to believe -- MR. SWEETAPPLE: And that's what I'm going to do. I'm going to take discovery to find out if he is or not. And then you will decide on your own. MR. SMITH: Excuse me. A counterclaim will be against Mr. O'Boyle personally? MR. SWEETAPPLE: Yes. And he is a plaintiff in this case personally. MR. SMITH: And it would be on behalf of the Town of Gulf Stream, which has not been sued in this case by CAFI. MR. SWEETAPPLE: It has also been sued by CAFI, and without Mr. Chandler's knowledge or approval. And Mr. O'Boyle and his secretary, it is alleged, have been filing public records requests alleging it's under CAFI when it's him personally. So please allow me to take my discovery, and then you'll be able to look at the sworn testimony Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 173 of witnesses, and you'll be able to learn what has happened in this case; and then you'll come to understand all the claims that we'll be bringing here, okay? So with regard -- MR. SMITH: Of course it would be nice if you'd bring them, before you -- MR. SWEETAPPLE: With this gentleman I don't want to bring anything until I have all my ducks in a row, and all the lawyers I'm working with feel the say way, Mr. Smith. I'm sure you can understand why, because he sues opposing lawyers. He sues people that say things. Mr. O'Boyle seems to sue anybody he can intimidate or bully. So I'm not filing anything until we have all of the discovery. And I'm going to take Mr. O'Boyle as many times and as long as I need to, and the rest of the witnesses, as long as I need to, and we are going to fully litigate all of the matters that involve he, his son, and his son's law firm. Okay? MR. SMITH: Sorry for the interruption. I don't need to be surprised. MR. SWEETAPPLE: So that's what we're doing. Please indulge me. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 174 BY MR. SWEETAPPLE: Q. So in this lawsuit, can you tell me if -- if there is any legal counsel that has been approved by CAFI other than the O'Boyle Law Firm? A. I have nothing to do with CAFI. I'll say it again and I'm saying it the last time. If you ask me again, I won't answer. Q. All right. Let's go through some specifics, then. In January, your son, Ryan Witmer and you met with Mr. Chandler and discussed in writing the forming of an entity to bring public records requests to the O'Boyle Law Firm, correct? A. If you can show me something, I'll look at it and answer you. If not, the answer is I don't recall. Q. And at that time Mr. Chandler was, in fact, staying at your home; isn't that a fact? A. If Mr. Chandler was staying at my home, I do not recall. Q. On January 27th, CAFI was incorporated, and the board was designated to be William Ring, Denise De Larmartini and Brenda Russell, correct? A. I have nothing to do with CAFI, and I'm not going to -- that's the last question I'm answering. Q. Is CAFI a tenant in any building that is owned Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 by any entity that you control? Page 175 A. I'm not answering your question. Q. Is CAFI paying rent to any entity that you control? A. I'm not going to answer anymore. Q. CAFI's address, sir, is listed as the same address as Commerce Group; are you aware of that? A. I know nothing about CAFI. Q. Well, how is it that CAFI -- isn't CAFI occupying the same physical space as Commerce Group, sir? A. Not to my knowledge. Q. Okay. Let's take a look. Let's do it in the order I have it. It will save us some time. An entity by the name of Airline Highway, LLC; are you involved in that lawsuit? In that entity? A. I'm not sure. Q. And it has been propounding public records requests, correct? MR. DESOUZA: He just said he doesn't know if he has involvement. BY MR. SWEETAPPLE: Q. Well, you're the manager of the company, aren't you, sir? And your wife is the registered agent? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 176 MR. DESOUZA: Objection. Form. BY MR. SWEETAPPLE: Q. Isn't that the case? A. I don't know. Q. Let me show you what I'll mark as an exhibit for you. (Defendant's Exhibit No. 7 was marked for identification.) BY MR. SWEETAPPLE: Q. Let me show you a Florida Department of State Division of Corporations printout for Airline Highway, LLC, that is a reinstatement. Date filed 6/21/2006. It says manager, Martin E. O'Boyle, 1280 West Newport Center Drive. And it says the registered agent is Sheila L. O'Boyle, 23 North Hidden Harbor Drive, Gulf Stream, Florida 33483. Please take a look at that. 1280 West Newport Center Drive is the address that you gave me where the Commerce Group is located, right? A. Yes, sir. Q. And the entity that owns that property -- do you own the entity that owns that property? A. I don't understand that question. Q. Do you have an ownership interest in the entity that owns 1280 West Newport Center Drive? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. I don't know. Page 177 Q. You don't know? A. No, I don't know. Q. Well -- and you don't know the name of the entity that owns that property? MR. DESOUZA: Objection. Asked and answered. BY MR. SWEETAPPLE: Q. Does Airline -- what is Airline Highway, LLC? A. It's an LLC. Q. What does it do? A. I don't know. Q. Does it own any aircraft? A. No. Q. You're the manager of the company. You don't know what it does? A. Where does it say I'm the manager? Q. Doesn't it say you're the manager, Mr. O'Boyle? A. Not that I can see. Maybe you can show me. Q. Okay. See where it says title "manager, O'Boyle, Martin E. ?" A. Where does it say "title manager ?" Q. "Title MGRM." A. How is that manager? Q. What do you think that is? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 178 A. I have no idea. Q. Managing member. It's an LLC. A. Managing member. Q. Do you know what your title is in Airline Highway, LLC? A. I think I'm a member. Q. And what does this entity do? A. I don't know. Q. Does it have any formal legal documents? MR. DESOUZA: Objection to form. THE WITNESS: I don't know. BY MR. SWEETAPPLE: Q. Does it have any -- does it keep any records, corporate records? A. I don't handle that stuff. Q. Who handles that for this entity? A. Probably either our accountant or my secretary. Q. Which secretary? A. Brenda Russell. Q. So Brenda Russell is your secretary, and she is one of the directors of CAFI? A. I don't know if she is a director of CAFI. Q. I told you who the three directors are. A. That's what you told me. I don't believe you. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 179 Q. So you don't know who they are? A. I just told you I know nothing about CAFI. Q. You don't know that it's -- your secretary Brenda Russell, your attorney /business partner, Mr. Ring, and Ms. De Larmartini, who has been with you for over 25 years, you don't know those are the three people you appointed to run CAFI, allegedly? MR. DESOUZA: Objection to the form. BY MR. SWEETAPPLE: Q. You don't know that? A. You don't know what you're talking about, and I'm not going to answer anymore. Q. So since I don't know what I'm talking about, can you tell me what Airline Highway, LLC was formed to do or what it does? A. I already answered that question. Q. You don't know? A. I don't know. Q. And what do you do for this company? A. I don't think I do anything, but I don't know. Q. Well, it has sent public records requests to me. Do you know why this company or this LLC has sent public records requests to me? A. Because they like you. Q. Okay. And who there likes me? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Whoever sent it to you. Page 180 Q. Do you know who sent them? A. I have no idea. Q. What about CRO Aviation. Are you familiar -- MR. DESOUZA: Did you leave a copy of that on the table somewhere, or did you take it back? MR. SWEETAPPLE: Did I leave an exhibit or no? MR. DESOUZA: I want to make sure I'm going to get a set of exhibits when we get out of here. MR. SWEETAPPLE: Did we mark it? You're right. Seven. Let me mark this as 8. (Defendant's Exhibit No. 8 was marked for identification.) MR. SWEETAPPLE: I have copies of this one. MS. O'CONNOR: Did he give you the cover letter for that one, too? Is 7 with the -- MR. DESOUZA: Seven is just -- MR. SWEETAPPLE: They can have the cover letter, too. MS. O'CONNOR: I gave him 7. BY MR. SWEETAPPLE: Q. What is CRO Aviation, Mr. O'Boyle? A. It's a corporation. Q. And did you cause it to be formed? A. I don't know that I did or not. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 181 Q. Its principal address is care of Commerce Group, Inc. A. Yes. Q. Is it related to Commerce Group, Inc? A. It has the same address. Q. Are they a subsidiary or a related entity? A. It has the same address. Q. That's all you know? A. That's it. Q. And is CRO Aviation a tenant at that location? A. I'm not really sure how to answer that question, except that the address on all of our entities that I have, that I'm involved in, in the corporate governance is done out of 1280 West Newport Center Drive. Q. Does this company keep a corporate book with minutes and have meetings? A. I don't know. Q. You're the president, secretary, treasurer, right? A. I don't know. Q. Isn't that what this filing says? A. What year is it? Q. This says 2014. 4/28/2014 was the filed date, so within the last four months. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Okay. So.. Page 182 Q. What does this company do, Mr. O'Boyle? A. I don't think anything. Q. Does it own any planes? A. Not right this minute, no. Q. Did it own any planes? A. I think it did. I'm not sure if it did. I think it did. Q. What planes do you think it owned? A. I don't know. One of the four I told you Q. And are there any planes that you or an entity that you have an interest in, or that you have an officership in, has ever been used to pull banners? Or do you hire planes that you have no interest in? A. You asked a lot of questions there again. Q. When you have flown banners over the Palm Beach County Courthouse during your daughter's case and appeal, did you hire out planes, or did you use planes that you had some ownership interest in? A. First of all, I'm not sure that it was during my daughter's case for the appeal. But I did not use any planes that I had. Q. So you hired planes there? A. To the extent I was responsible for running Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 183 banner planes, they would have been hired, yes. Q. Where did you hire them from? A. I have no idea. Q. Who did the hiring? A. Michelle. The same person I told you last time you asked. Q. Do you know which airport the planes were hired from? A. No. Q. And who do you use now to fly banners? A. I think the same company. I think. I'm not sure. Q - A. Q - currently? A. Q. A. Q. A. Q. A. Q. A. Do you know the name of the company? I don't. Who handles the banners you're doing Probably Brenda. Brenda, the director of CAFI? Brenda Russell. Who is your secretary? Yes. And who pays Brenda's salary? I don't know. Does CAFI pay Brenda's salary? No. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 184 Q. Does one of your other entities pay Brenda's salary? A. I think so. Q. Does Brenda serve as director of CAFI for free? A. I'm not going to answer any questions about CAFI. Q. Why is that? A. Because I know nothing about CAFI, and anything I say is a guess and I'm told not to guess. Q. I'm going to see if I can help you in that regard, Mr. O'Boyle. A. Good. Good. (Defendant's Exhibit No. 9 was marked for identification.) BY MR. SWEETAPPLE: Q. Stop Dirty Government, LLC. Are you familiar with that entity? A. The name, yes. Q. That's all you're familiar with is the name? A. That's it, yes. Q. Can I see that when you're done? A. Sure. Q. Thank you. It says you're the manager. It's been in existence since 2011. And do you know the Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 185 purpose of this entity? A. Yes. It is to deal with the government and hopefully with the name to bring them down a notch or two. Q. Is it for purposes of filing public records requests? A. Not necessarily. It may, but the same way as any entity. Q. Has it filed public records requests? A. I think it has, but I don't know for sure. Q. Do you know how many it has filed? A. I have -- just as I said, I think it has, but I don't know for sure so how could I know how many are filed. Q. And do you know if it's filed any lawsuits, become a plaintiff in any lawsuits? A. Not to my knowledge, but I don't know. Q. And let me show you the next one I'm going to mark, which is Our Public Records, LLC. (Defendant's Exhibit No. 10 was marked for identification.) BY MR. SWEETAPPLE: Q. Did you cause Our Public Records, LLC to be formed? A. I think -- if I didn't, I certainly directed Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 186 it be formed. Q. Who formed this entity for you? Which person? A. Not a lawyer. Q. Who would you have had in your office do it? A. I really can't say. Q. Was it the same person that formed CAFI? A. I think -- CAFI was not formed. I don't know who formed CAFI, but I can't answer your question. Q. And has that entity issued public records requests? A. That entity, I think it has. Q. And has it been a plaintiff in public records litigation? A. If it has, I know nothing about it. Q. And are you actively managing this company? A. This company is -- we're hoping it will be a big company, and it's in its infancy. Q. What are you intending this company to become big in? A. Public records. Q. Filing public records lawsuits? A. No. Educating the public about public records. Q. And can I see that? A. Sure. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 187 Q. What have you done in that regard with regard to this entity, Our Public Records, LLC? A. We have a website. You're welcome to look at it. It is Our Public Records.com. If you want, we can take a few minute break, you can look at it. I think you would be really impressed. I know you want to thank me. Q. Commerce Group GP, Inc. (Defendant's Exhibit No. 11 was marked for identification.) BY MR. SWEETAPPLE: Q. Who formed this, Mr. O'Boyle? Which individual? A. Don't know. Q. And it says that your wife is a registered agent, correct? A. That's what it says. Q. It says are you the director, president, treasurer, right? A. Well, it says I'm DPT, whatever that is. Q. Isn't that director, president, treasurer? A. I don't know. You tell me. Q. And Stop Dirty Government and you have filed a lawsuit in Palm Beach County, haven't you? A public records lawsuit? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 188 A. I don't know. If we have, we have. Q. You don't know? A. No. Q. Did you ask for any documents along with Stop Dirty Government that you wanted? MR. DESOUZA: Objection to form. THE WITNESS: Not that I can think of. BY MR. SWEETAPPLE: Q. And what does Commerce Group GP, Inc., do? A. I don't know. Q. Why was it formed? A. I don't know. It was formed almost 20 years _.. Q. It has been in existence for 20 years? A. Yeah. Q. What has it done in the last 20 years? A. I don't know. Q. Has it occupied 1280 West Newport Center Drive? A. Yeah. It occupies that building and three more like it. Q. It is in three other buildings? A. No, not at all. Q. Just this building? A. No. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Inc. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 189 Q. Does it have a lease? A. It has that address for the sole purpose of -- the young lady who handles our corporate governance is there. So to have the forms made elsewhere is not a very smart thing to do. So we mail them there. She gets them, and she files whatever forms are necessary to keep them current and in good standing. Q. Is this a company that is engaged in business? A. I don't know. Q. Do you know if it files tax returns? A. I don't know. Q. Do you know if it has income? A. I don't know. Q. Who would know that? A. I don't know. Q. Who is your accountant? A. I don't know. Q. And CG Acquisition Company. (Defendant's Exhibit No. 12 was marked for identification.) BY MR. SWEETAPPLE: Q. Let's mark this as next. What is CG Acquisition Company, Mr. O'Boyle? A. I think it's a corporation by Commerce GP, Inc. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 190 Q. And what does it do? A. Pardon? Q. What does it do? A. I don't know. Q. Is it engaged in moneymaking? A. I don't know. Q. Who formed it? A. I don't know. Q. What about Asset Enhancement, Inc., also showing an address of 1280 Newport Center Drive. What is that entity, sir? (Defendant's Exhibit No. 13 was marked for identification.) THE WITNESS: This is an entity that was incorporated 40 years ago, and I have no idea what it does. BY MR. SWEETAPPLE: Q. Okay. So it's been in business for 40 years, and your wife is a registered agent, and you are the director, president, treasurer, right? A. That's what you say. Q. That's what the document says. A. That's what you say. Q. Okay. And you don't know what this company does, right? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 191 A. Right. Q. And all these companies that you don't know what they do, who manages it? Does someone manage these companies for you? A. Our accountants deal with them, and I don't deal with them at all. Q. And are your accountants in- house? A. No. Q. So who -- what are the names of the accountants that deal with these? A. I don't know. Q. You really don't know your accountant's name? A. I really don't know. Q. You don't know any of your accountants' names? A. Flynn is one of them. Q. What's his last name? A. Flynn. Q. F -1 -- A. I think it is y -n -n. Q. Where is he located? A. Roanoke, Virginia. Q. Who are the accountants for CAFI? A. I don't know. Q. And what about Commerce Group, Inc? Is that a company you're familiar with? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 192 A. I'm -- yeah. Q. And is that a company that you're actively involved in? A. I don't know. Q. What does Commerce Group, Inc., do? A. I don't know. Q. Are you aware that you're listed as the DPT in the Department of State records? A. No. Q. And the address is the same, 1280 Newport Center Drive. A. That's where we do our corporate governance work. Q. Okay. Is Commerce Group, Inc., your main business? A. No. Q. I'm not going to mark Commerce Group, Inc. I think it's pretty much the same as the others. Let's go to CAFI. Now -- so your son, your son's law firm leases 1286 West Newport Center Drive, right? A. Yes. Q. And that is just for his law firm, right? A. I don't know. MR. DESOUZA: Objection. Form. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 193 Q. Is there any another businesses that leases that space? A. You asked me, you said that's leased. Q. 1286 West Newport Center Drive, you say there's a door between that space and your offices, right? Your businesses? A. That's correct. Q. And you told me that CAFI is not located in your son's law office space, correct? A. That's correct. Q. And let me show you this statement of change of registered office, or registered agent, for both corporations showing the O'Boyle Law Firm is at 1286 West Newport Center Drive. And this printout is for Citizens Awareness Foundation, Inc., with the same address, 1286 West Newport Center Drive, Deerfield Beach, Florida 33432. And then the help line is 888 - 830 -3769. I'm going to mark these as the next two exhibits and ask if you've ever seen either of them before. I'm going to make the statement of change of registered office No. 14; and the sheet that says the Citizens Awareness Foundation change of registered agent Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 194 No. 15. Have you ever seen No. 14 or No. 15 before today? (Defendant's Exhibit No. 14 was marked for identification.) (Defendant's Exhibit No. 15 was marked for identification.) BY MR. SWEETAPPLE: Q. Have you ever seen No. 14 and No. 15 before? MR. DESOUZA: Can I see these? I assume there is only one copy? MR. SWEETAPPLE: Let me see if I have more. I think that's the only one I have of that. MR. DESOUZA: For my own purposes, did you say where this DX15 came from? MR. SWEETAPPLE: I have not said that. I'm asking if he recognizes it. MR. DESOUZA: Okay. I wasn't sure if you said that. Can I ask you to read the pending question back? MR. SWEETAPPLE: Sure. Can you read it back? (A portion of the record was read by the reporter.) MR. DESOUZA: I'll object to form on the compound nature of it. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 195 BY MR. SWEETAPPLE: Q. Have you seen No. 14 before? A. No. Q. Have you seen No. 15 before? A. No. Q. Do you know who Ryan Witmer is? A. Yes. Q. And he has left the O'Boyle Law Firm; has he not? A. He has. Q. Do you know why? A. Yes. Q. And what did he tell you? A. He is in -- before he came here, he was supposed to go and be a lawyer up in New York State. He was supposed to be a partner with a fellow up there. And they -- Matt -- I forget his last name -- and Matt had a great deal of difficulty and was delayed for about a year, and getting a character witness to approve him. So Ryan came to work with us, and then one day he said he wants to do immigration work. Q. So he said to "us ", you mean you and Jonathan? A. Jonathan, not me. He didn't tell me. Q. You actually are involved in the overall law firm, aren't you? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 196 A. No. Q. You fund that law firm, don't you? A. I phone it? Q. Fund it. And you pay lawyers' salaries directly, don't you? A. You mean -- Q. Through your entities; you and through your entities you fund the -- A. You going to let me answer or not? Q. Pardon? A. Do you want to let me answer or not? Q. I'm rephrasing it for you. You or your entities fund the O'Boyle Law Firm through making loans and by making direct payments to lawyers, don't you? A. No. MR. DESOUZA: Objection. Form. BY MR. SWEETAPPLE: Q. And is the Citizens Awareness Foundation located in the same address as your son's law firm? A. Not to my knowledge. Q. Is the Citizens Awareness Foundation located in the building that your entity owns at 1280 West Newport Center Drive? A. I'm not answering anymore questions on Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Citizens Awareness. Page 197 Q. And on February 5th, did you tell Mr. Chandler to send all litigation to the O'Boyle Law Firm or you will cut off the flow of money? MR. SMITH: Object to the form. THE WITNESS: Not that I know of. BY MR. SWEETAPPLE: Q. On March 22nd, did Mr. Ring and Ms. De Larmartini insist that all cases from Citizens Awareness Fund be sent to the O'Boyle Law Firm? MR. DESOUZA: Object to the form. THE WITNESS: I'm not going to answer that question on the attorney- client privilege. And I've told you, and this is the last time I'm telling you, I'm not going to answer any questions on Citizens Awareness Foundation. I have no knowledge of that corporation and I'm not going to continually go through this. So this ends right here. BY MR. SWEETAPPLE: Q. Mr. O'Boyle, I have to ask the questions on a one by one basis. A. You ask me, I'm not going to answer. Q. You decide that on each question basis and the judge will decide if I'm going to get an answer or not. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. That's fine. Page 198 Q. On April 1, are you aware whether or not your son offered to provide legal counsel to Mr. Chandler and handled one of his personal Florida public records requests cases? A. No. Q. Are you aware whether or not in March and April Ms. De Larmartini was present telephonically for law office administration meetings while she was on the board of CAFI, and she went through the entire list of all O'Boyle Law Firm cases while Mr. Chandler was present? MR. DESOUZA: Object to the form. THE WITNESS: I can't imagine she would say that, but... BY MR. SWEETAPPLE: Q. Are you aware that on April 14, your son wrote Chandler and advised him that he was assigning a Florida case to himself to handle? A. Why don't you show me documents rather than just flapping your lips. Q. Well, I see from this lawsuit that apparently you are saying -- the lawsuit alleges that Mr. Chandler deleted all of the -- or deleted CAFI e- mails. Is that accurate? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 199 MR. DESOUZA: Which lawsuit are we talking about? MR. SWEETAPPLE: Talking about the suit, CAFI against Chandler. MR. DESOUZA: So you're talking about Defendant's Exhibit 6 for clarity of the record? MR. SWEETAPPLE: Six. Yes. MR. DESOUZA: And the question? THE WITNESS: I know nothing about CAFI. And let me say it 100 times in a row and that way we can save you all this time. BY MR. SWEETAPPLE: Q. You wrote Mr. Chandler and asked him to get you the records for CAFI -- A. Let me see it. Q. -- didn't you, sir? A. Let me see them. Q. I want to know whether you know. A. Let's see them. Q. Mr. O'Boyle. A. Let's see them. Q. You're going to see them. A. Let's see them. Q. You're going to see them, Mr. O'Boyle. Believe me, you're going to see them. Did you write -- Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 1 A. No. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 200 Q. -- to Mr. Chandler and ask him to please help in getting all of the records to CAFI back to you De Larmartini so that cases could be filed? A. As I told you before, Mr. Chandler resigned at the earlier part of June. He left a bag, and a letter of resignation. My secretary called me. She said, Joel wants you to call him. I tried to call him moments later. I didn't get him. Either that night or the next day I did get a hold of him. And what he said is, "Everything you need is in that bag." And I -- I wasn't sure if he was even in Florida, as I recall. So that's what I can tell you about the e -mail. Q. Didn't you write him on July 2nd and copy Ms. De Larmartini and Mr. Ring, subject Joel Chandler. And you wrote Joel Chandler and you indicated that the office, our office and the law office are stuck in quicksand since they can't gain access to certain files. And then you went on to say, "It would sure be helpful if you could get them through this, so they could access and use the data. I also understand there are new cases for the month of June that need to be accessed. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 201 "As to the new cases, Bill would really like to get those cases to the attorneys as soon as possible. A temporary solution would be for you to send the cases to Denise in the format which has been previously used. That way I can access them and disseminate them." Isn't that what you wrote to Mr. Chandler on July 2nd, 2014? A. Can I see? Q. No. I want to know if you remember that. A. I don't memorize things. Q. Does that refresh your recollection in any way? A. I'd have to see the e -mail. Q. Okay. MR. SMITH: You don't want to show him the document? MR. SWEETAPPLE: He'll see it when he gets the lawsuit we're filing. MR. DESOUZA: The phantom lawsuit we've been talking about for the past 3 or 4 months? MR. SWEETAPPLE: No, there is no phantom lawsuits. We've been working on various lawsuits for about two months, I would say. And I certainly wanted to hear Mr. O'Boyle's testimony before we filed it, and I'm certainly glad I did. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 202 THE WITNESS: Boy, Mr. Sweetapple, that's great. You're going to bankrupt this city. BY MR. SWEETAPPLE: Q. Mr. O'Boyle, that only appears to be your goal, not mine. A. It's not mine, but I'm going to watch you do it. Q. All right. And you put your son in a law office in Broward County and called it the O'Boyle Law Firm before he even had a license to practice law in the state, right? MR. DESOUZA: Objection. Form. THE WITNESS: When you say "right ", you say it with no basis whatsoever. BY MR. SWEETAPPLE: Q. Didn't you? A. You're not an honorable man, so I'm not going to answer those kind of questions. You got something to show me, show me. Q. Your son has been working full -time out of the O'Boyle law office since it opened in Broward County and living at your home full -time, correct, Mr. O'Boyle? A. No, it's not correct. And you have no idea what you're talking about. Q. Okay. Are you aware that he listed in Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 203 Pennsylvania his business phone number was his cell phone number, his 561 cell phone number? A. Ah. He did that? Q. Yes. And are you aware that -- A. What a terrible thing. Q. And are you aware from your cell phone records you can tell where every phone call was made or received? A. Am I aware? No. Q. And has mister -- does your son reside in New Jersey? A. You ask him that. Q. Do you know if he has a voter registration in New Jersey? A. I think he does. Q. And a driver's license in New Jersey? A. I think he does. Q. And that's where he resides? A. I think he does. Q. And has he been working full -time in your offices in Fort Lauderdale? A. I don't think so. Q. And was he ever a partner with Mr. Witmer with regard to the O'Boyle Law Firm? A. I have no idea. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 204 Q. And you were in such a rush to have your O'Boyle Law Firm, that you actually put your son in a position where you opened up an office called the O'Boyle Law Firm in Broward County, Florida, before he became a Florida lawyer. MR. DESOUZA: Object to form. He is not answering these questions. Why don't you ask him something not argumentative or harassing. THE WITNESS: You're just talking nonsense. Q. WE Mr. O'Boyle. wife? A. You want to tell me when I impregnated my Q. Well -- MR. SMITH: Marty. MR. DESOUZA: You don't need to engage him in this type of stuff, Marty. Let him be the one that is harassing and making ridiculous questions. BY MR. SWEETAPPLE: Q. You put your son in the position of engaging in unauthorized practice of law, because you solicited him to actually participate in your public records litigation here in Florida. MR. DESOUZA: Objection. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. SMITH: Objection. Page 205 MR. TAYLOR: Objection. MR. DESOUZA: I'm instructing the witness not to answer at this point. If you want to ask -- MR. SWEETAPPLE: In fact. MR. DESOUZA: -- questions that are not closings and argumentive, that is fine. BY MR. SWEETAPPLE: Q. In fact Mr. Giovani Mesa complained to Mr. Chandler in writing that Jonathan O'Boyle had drafted cases and filed them in Mesa's name without Mesa's knowledge or consent, correct? Are you aware of that? MR. SMITH: Objection. Argumentative. BY MR. SWEETAPPLE: Q. Are you aware whether or not -- on 4/28/2014 Mr. Giovani Mesa complained in writing to Chandler that Jonathan O'Boyle was drafting lawsuits in Florida and filing them in Mesa's name without Mesa's knowledge or consent. Are you aware that occurred, sir? MR. SMITH: That statement was made by Giovani -- what is his name? Are you asking him are you aware of that? BY MR. SWEETAPPLE: Q. Yes. That Mr. Mesa complained. A lawyer in Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 206 the office complained to Mr. Chandler that that occurred with your son. A. If that's what he did, that's what he did. Q. Have you heard about that before? A. Never. Never. Q. And on 4/28, Ms. De Larmartini demanded a minimum of 25 new public records request cases a week be forwarded to the O'Boyle Law Firm by Citizens Awareness Foundation; are you aware of that, in writing? A. Was that before he committed bank fraud, or bankruptcy fraud? Q. This is Ms. De Larmartini's writing, sir. A. I'm talking about Mr. Chandler. Is that before or after he committed bankruptcy fraud? Which one? Q. Mr. O'Boyle. A. Which one? Q. I'm not talking about any statement that Mr. Chandler made. I'm talking about a statement that your secretary of over 25 years, your paralegal, the director of CAFI, made in writing. Have you -- were you ever aware that Ms. De Larmartini demanded 25 new public records lawsuits be filed a week for the O'Boyle Law Firm? MR. SMITH: Objection. Argumentative. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 207 THE WITNESS: No. Q. Are you aware that on May 16, Ms. De Larmartini complained that Mr. Chandler only generated 211 cases in 12 weeks? A. No, I'm not. Q. And are you aware of whether or not CAFI has ever had any fee agreements with the O'Boyle Law Firm? A. How much longer do I have to answer about CAFI when I know nothing? Q. Oh, I think you will be answering for quite some time, and I do think you know more than you're letting on to, Mr. O'Boyle. So let's stop playing games and see if you can answer my questions. Are you aware whether or not there are any fee agreements or engagement letters between CAFI, which you are the sole funder of, and the O'Boyle Law Firm, which you are also a funder of? Who are both located in your building. MR. DESOUZA: Objection. MR. SMITH: Objection. MR. TAYLOR: Objection. MR. DESOUZA: Objection. A whole host of objections. Argumentative. Form. THE WITNESS: Who said I was the sole funder Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 208 of CAFI? MR. DESOUZA: I think Bob said that. BY MR. SWEETAPPLE: Q. Who else has funded CAFI, Mr. O'Boyle? A. I don't know. Q. Are you aware of anyone besides you that has provided funds to that entity? A. I know nothing about CAFI. Q. When the law firm collects money when it settles CAFI cases, it doesn't give money to the entity, does it? A. What entity? Q. To CAFI. It keeps all the money it gets when it settles the cases, right? Or does it give you some? MR. DESOUZA: Objection. Form. BY MR. SWEETAPPLE: Q. I'll break it down. In the cases that CAFI has settled against public governmental entities with state contractors, has any money been given to CAFI, your debtor? Let's just say that is all they are for the moment. A. I don't know. Q. How do you expect CAFI to pay you back? A. Money. Q. Pardon? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 209 A. With money. Q. And how are they earning money? A. I didn't ask them. Q. Okay. Who would you have to ask to find out how they're going to pay you back? A. I don't know. Q. What are the terms of their obligations? Is there any obligation to pay you back? A. I think so. We have -- yes. Q. You have any agreement on that? A. I think so. Generally stated, yes. Q. Who's the agreement with? A. I think it's just common knowledge with all of our entities. Q. Who, at CAFI, specifically, do you have an agreement with regarding getting repaid? A. I don't think I have a specific agreement laying out with detail a 100 -page note. Q. What was CAFI's profit model where -- you have a 100 -page note, or you don't have a 100 -page note? A. I don't have a 100 -page note. Q. Do you have a one page note? A. No. Q. You have no note. Do you have loans written on checks? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 210 A. Maybe. Q. How was this document a loan as opposed to just a contribution? A. How is it a loan? Because I think the parties agree it's a loan. Q. And who are the parties that agreed? A. I guess CAFI and me. Q. Who in CAFI made that agreement? A. I have no idea. Q. How can you have an agreement and not know who it is with? A. Because I think it's common knowledge that I'm not giving them the money. Q. Pardon? A. I'm not giving them the money. Q. Some entity is that you control? A. No. No. They're not getting it free. Q. Okay. A. It's not a contribution. Q. So it's a loan? A. It is a loan, yes. Q. What is the business that CAFI engages in that they could ever repay you? A. Maybe they won't. I'll take a tax write -off. Q. If it's supposed to be a loan, if your intent Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 211 is it's supposed to be a loan -- you're a very sophisticated businessman. A. Thank you. Q. That's what they say at least. A. But you don't believe that. Q. I'm going to keep my beliefs to myself. A. You should. Q. So what I would like to know is whether or not you had any expectation that CAFI had any business whereby it could repay you? A. No. Q. What did you understand the activities that CAFI was going to be; a not - for - profit foundation, right? A. Yes. Q. And what was it going to do to make money? Anything? A. I don't think we've ever gotten that far. Q. You knew that it was only going to be filing lawsuits for your son's law firm, right? A. That's not true. Q. Well, has any other law firm represented it, in any other lawsuits? A. I have no idea. Q. And does filing a public records request give Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 212 the plaintiff any right to remuneration, other than attorneys' fees and costs by statute? A. Are you talking about remuneration? Q. Yeah, to the plaintiff himself. A. You said enumeration. Q. Remuneration. A. What was your question? Q. Do you understand whether or not CAFI, as a plaintiff in a public records request, would be entitled to any money? MR. DESOUZA: You're asking him for his legal understanding? MR. SWEETAPPLE: To the extent he understands having filed public records requests and funding this entity. THE WITNESS: I don't think I can answer you. BY MR. SWEETAPPLE: Q. Okay. So you don't know if there are any fee agreements or engagement letters between CAFI and your son's law firm? A. I would have no idea. Q. Are you aware on May 28, De Larmartini, again, demanded more cases from Chandler for the O'Boyle Law Firm? A. No. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 213 Q. Are you aware that on 6/2 Mr. Ring denied any authority to send cases to any firm other than the O'Boyle Law Firm? A. I'm not. Q. Are you aware that in June, Mr. Chandler learned that you had been making public records requests in the name of CAFI against Gulf Stream, the Town of Gulf Stream, without his knowledge or consent in doing so in the name of CAFI? MR. DESOUZA: Objection. Form. THE WITNESS: No. BY MR. SWEETAPPLE: Q. And that you were using your secretary, Ms. Mohler, M- o- h- l -e -r. A. No. Q. Did you ever fax or e-mail, using Ms. Mohler, public records requests to the Town of Gulf Stream in the name of Citizens Awareness Foundation, Inc? A. Not to my knowledge. Q. And did you ever direct lawsuits, two lawsuits, to be filed against Gulf Stream in the name of CAFI without the knowledge or permission of Mr. Chandler? A. What period are you talking about? Q. June. May and June. This year. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 214 A. Mr. Chandler already resigned. He resigned in May; the middle of May. So I don't know where you're coming from. I guess he forgot to tell you that part. Q. You believe that Mr. Chandler resigned in May? A. Absolutely. Q. So all his communications after May whatever is no longer -- A. 16th. I think it was May 16. I'm not sure. Q. May 16. A. But I think it was May 16. Q. How do you know that? A. Ms. De Larmartini told me. Q. Was it in writing or orally? A. It was in writing. Q. Didn't Ms. De Larmartini on May 26 ask Mr. Chandler to prepare complaints for CAFI to use? A. No idea. Q. And didn't he refuse to, saying he was not a lawyer? A. Well, I don't know what he said, not being a lawyer. But I can tell you he's certainly practicing law without a license. Make no mistake about that there. I can show you the Complaints that he prepared. Q. So it's your testimony that when Denise De Larmartini wrote Mr. Chandler on May 28 saying "I Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 215 understand that we are back to you certifying the Complaints before they are filed," he wasn't working for CAFI? A. Yeah. I don't know that she knew about it at Q. And on May 28 when she wrote him and said, "Joel, I didn't see anything yesterday or today for new cases this week. Were there any ?" He wasn't working for CAFI when she was writing him asking for more cases? A. I don't think that she knew at that time. Q. Didn't Ms. De Larmartini tell you that Mr. Chandler had resigned? A. Well, depends on what time period you're on. In the first part of June my secretary called me up and said Joel was just here, he left a bag full of stuff and a letter of resignation. He left immediately and said he wants you to call him. So that's resignation No. 1. Denise, when she got the information -- Joel refused to give her access to the computer data. She had to hire a computer expert. And when she did the -- how to say it, but they -- they were able to encrypt or unencrypt, whatever, the documentation. And when they did, there was a letter in there of May 15 or 16th saying "I resign." Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 216 Q. And on June 9, Ms. De Larmartini was talking to Mr. Chandler about him hiring his son to assist in conducting electronic audits of state and local agencies. A. Yes. She must not have known by then. Q. Who did know? A. Mr. Chandler. I mean, he is a crook. Q. And -- well, Mr. Ring was talking about Mr. Chandler bringing in his son to work for CAFI in June, right? A. They never knew that he was a crook until they found out he was a crook. MR. DESOUZA: Bob, just so I'm clear, you're asking him about his knowledge of conversations or e -mails between people that he is not one of, right? MR. SWEETAPPLE: Not necessarily. MR. DESOUZA: I think you're referring to e- mails. You're not showing us the e -mails so I can't say what the e -mails are, but if he's not on these e- mails, you're asking him whether he knows the existence of these e- mails, the existence of these conversations? Is that what you're asking? All right. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 217 Q. And did Mr. Ring try to assure Mr. Chandler on June 16th that he believed that the O'Boyle Law Firm was free to exercise their legal business judgment as to the amounts of a particular settlement; that he didn't have to worry about the amount of attorneys' fees that were actually incurred? A. I don't know what Citizens Awareness Foundation, Inc., did. Now, how many more times do I have to tell you that before you get it through your Q. And on June 19, Ms. De Larmartini copied Mr. Ring re: CAFI. And said, "Bill, I intend to resign from CAFI and make the following replacements. Cathleen Flack (phonetic) a Commerce employee. Peter Delio (phonetic). He is a trusted friend and contractor we use. Joel Chandler. We would like to have him as president /director. Brenda Russell, Commerce employee will remain as member. Do you see any problem with this? If not, could you please send me the proper form to amend the organizational documents." You were unaware of that communication? A. I'm not answering. Q. On June 27th when Mr. Chandler wrote Nick Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 218 Taylor the following language, Nick -- on June 27 he was not an employee of CAFI, right? Is that your testimony? A. I'm not answering any questions regarding Q. "Nick, I'm writing this e-mail to memorialize our telephone conversation this morning. As we discussed, I was contacted by the defendant in the case He expressed his regret in his failure to properly respond to CAFI's PRR, and asked for our help in better understanding his obligations under the Public Records Act. He also explained the dire financial condition of his organization and said he instructed his attorney to offer to settle the matter for $1,500. "In our conversation this morning, I understood from you that the O'Boyle Law Firm has about $1200 in costs and fees in the case up to this point. I also understood that you have been instructed by Jonathan O'Boyle to demand $3800 to settle the case. "If such a demand is accepted by the defendant, that would create a windfall of about 26 beyond actual fees and expenses. During that telephone conversation, I expressed in unequivocal terms my objections to such an arrangement. Until I received the telephone call from the defendant yesterday, I was Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 219 unaware that any settlement discussions were taking place with the defendant. "I did not authorize any such discussions, nor did I approve in any way the demand for payment of any kind, much less demand for payments far beyond the actual fees and expenses billed by the O'Boyle Law Firm. "In sum, I understand that you were directed to make the aforementioned settlement demand by Jonathan O'Boyle, and I have not and do not approve of such demands. Please confirm your receipt and understanding of this e- mail." And Mr. Taylor -- that was at 11:05 a.m. Mr. Taylor responded to Mr. Chandler, "This e-mail is to confirm our conversation today and to reiterate that all offers of settlement are made pursuant to the policies of the O'Boyle Law Firm." Were you aware of any of that communication? A. I'm not answering any questions regarding CAFI. MR. SMITH: For the record, I object to the question as argumentative. Q. So after -- after you saw the motion to disqualify your son's firm, which argued the O'Boyle firm is not a lawful interstate law firm, how is it that Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 220 a meeting was called with Mr. Ring and my co- counsel, Joanne O'Connor and Mr. Randolph? A. Mr. Ring and I spoke and we said this is -- MR. DESOUZA: Hold on. You said this to each other or you said this to opposing counsel? THE WITNESS: We said it to each other. MR. DESOUZA: You shouldn't reveal the substance of any conversation between you and Mr. Ring. BY MR. SWEETAPPLE: Q. Was Mr. Ring serving as your attorney at the A. Yes. Q. Even though he wasn't counsel of record on any A. I'm not going to answer that question. Q. Well, he -- you just don't know the answer to that question? So you spoke to Mr. Ring. And then who communicated with either Ms. O'Connor or Mr. Randolph? A. I believe that Mr. Ring called Skip Randolph and asked for a meeting with him, Ms. O'Connor and Mr. Stubbs. And Skip Randolph got back to him, either later that day or the next day. I just don't remember. Q. And was there any discussion about including Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 me at the meeting? Page 221 A. No. Because we knew you were a troublemaker, and we knew having you there is like having cancer of the face. Q. Okay. So even though I was the attorney that drafted the motion, you decided you did not want me there. A. Well, the motion was so full of lies, that to have you there would have been unproductive. And then, of course, obviously, when we gave the whatever, the 157 memo, Ms. O'Connor, I think she saw that discretion was the better part of valor, and she dismissed her claim. Q. And you think that that was dismissed because the claims regarding the unauthorized practice of law weren't being pursued? A. Yes. Q. So you think that the law firms involved with the city have just ignored the facts that we've learned in this proceeding? A. I have no idea what you just said. MR. DESOUZA: Object to form. BY MR. SWEETAPPLE: Q. Never mind. A. Good. Q. Now, you wanted to have Sid Stubbs at the Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 222 meeting, right? A. Yes. Q. And Mr. Ring told Ms. O'Connor that it would not be a good idea to have me at the meeting, right? A. No. I believe he told that to Skip, but I wasn't on the phone, so I don't know. Q. Did you prepare any memorandum at the time of this meeting? A. The answer is yes. Q. And you have notes? A. Yes. Q. And did you write them yourself? A. Yes. Q. And did Mr. Ring prepare any notes? A. I don't know. Q. And you showed up at 2:00 o'clock with Mr. Ring, and Ms. O'Connor asked if it was -- if she had the -- or Mr. Randolph asked whether or not they had the right to speak directly to you and whether permission was received from the O'Boyle Law Firm, right? A. No. Q. So Mr. Randolph didn't ask if it was clear that we have the right to speak directly to Martin O'Boyle and whether permission was received from the O'Boyle Law Firm; and Bill Ring said, Yes. He checked Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 223 with the O'Boyle Law Firm and they gave that authority. A. Not to my knowledge. Q. Okay. And Mr. Randolph indicated I would need something in writing from them, and he said he would get that and send it to me by e-mail. MR. SMITH: Excuse me, objection. I think it's ambiguous what you're reading from, because -- MR. SWEETAPPLE: Let me make it clear. That is a good objection. I'm sorry. MR. SMITH: Thank you. Q. Did Mr. Randolph say to you that he needed something in writing that the O'Boyle Law Firm gave Mr. Ring the permission for him and you to speak directly with Mr. Randolph? A. No. Q. And then did you ask the next question, "Are these settlement negotiations, and does everything stay in this room ?" Did you ask that? RAMENIVrel Q. And did Mr. Randolph indicate that if there's truly settlement negotiations and not discussion relating to future litigation or threatened activity that it would be privileged communications; did he ever Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 224 say that to you? A. Can you read that back again? Q. Did Mr. Randolph say if they are truly settlement negotiations and not discussions relating to future litigation or threatened activities, that it would be privileged communication? A. No. Q. So Mr. Randolph didn't say that to you? A. No. Q. And did he say, "I advise, to the extent they are settlement negotiations, even those could be shared with our client and with other members of our law firm." Did he say that to you? A. I think he did. I think he did. Or some -- or something akin to that. I think so. Q. Did you say, "Well, you can't go to the Palm Beach Post," and Mr. Randolph responded, "Yes." A. Responded what? Q. Yes. You said you can't go to the Palm Beach Post. A. He responded yes. Yes, I did. Q. Yes. Yes. Based on the fact if there are going to be settlement negotiations, not discussions about future litigation or threats. A. I'm still confused. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Pagc 225 Q. Did you ever mention the Palm Beach Post during this? A. No. Not that I remember. Q. And did you begin by dropping the motion that Joanne and I filed, and asking whose brain child was this? A. I threw them both on the table and I said, "Whose brainchild was this ?" Q. Did you do that? A. Yes, I did. Q. And Mr. Randolph said it was signed by, both, our firm and the Sweetapple firm, right? A. Yes. Q. And you asked if I felt -- if Mr. Randolph felt it was appropriate to bring family into this dispute. A. I don't remember that. Q. And did he -- then did you say that once we have attacked his family that we have crossed the Rubicon; that the damage has been done and there was no way to rectify it. A. Can you read -- Q. Did you say at the meeting -- A. Can you read the prior statement back along with that, please? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 226 Q. Did you indicate that once we have attacked his family, that we have crossed the Rubicon. Did you ever state that? A. I said can you read the prior, and that. Q. You asked whose brainchild was this when i'i� sl A. After that. Q. Okay. And you asked if I felt it was appropriate to bring family into this dispute. Did you ask that? A. I thought you said Mr. Randolph said that. Q. No, you said that. You asked if he felt it was appropriate to bring family into this dispute. A. I never said that. Q. Did you ever say that once we have attacked his family, we have crossed the Rubicon; did you ever say that? A. Whose family? Q. Your family. A. No. Q. And so you never said that we have crossed the Rubicon? A. I don't recall saying we crossed the Rubicon. Q. Did you ever say the damage has been done, there was no way to rectify it. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 227 A. No. Because we went there and we made it clear we were there for settlement purposes. And the only reason we would be there for settlement purposes would be to rectify. Q. What were you trying to settle? A. Whatever case was there and whatever cases we could, and your -- what is it called -- the motion that you prepared. And when we tried to do that, it was clear that Ms. O'Connor never even read it. Q. She never read the motion? A. Never read the motion. Q. Did she tell you that? A. No. You can tell because I asked her a couple of questions on there. And she -- I thought it was pretty clear that she didn't read it. And Skip Randolph, I think he acknowledged -- my recollection is that he acknowledged he didn't read it. Q. Skip Randolph said he didn't read it? A. I said I think he acknowledged he didn't read it. I think I said to him, "Skip, did you read this piece of junk ?" Q. And then you asked if I had children. You asked Mr. Randolph if he had children, right? A. No. Q. Did you -- Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 228 MR. DESOUZA: Bob, hold on. Just for my purposes, are you representing these are quotes in the transcript? MR. SWEETAPPLE: Yes. These are -- this is Mr. Randolph's memo, and I have Ms. O'Connor's memo, exactly what was said at this meeting. MR. DESOUZA: I didn't know if you were representing these as quotes. BY MR. SWEETAPPLE: Q. You asked whether Mr. Randolph had children, right? And he indicated, yes, he did. A. Well, again, you have to look at it in the context. You can't take it into context. What I said to him is something like, it's a shame that we have to get the children involved. It's a shame. And what Skip said to me is, Well, your son is different. He is the one who's the plaintiff in these cases." And what I said is, "Well, if he's a plaintiff in these cases, what does that have to do with trying to take his license away from him? What does that have to do with that ?" Q. Your son is not the plaintiff in the case, is he? He's a lawyer in the law firm. A. No. What he was saying is that he -- in other Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 229 words, his firm -- and it was made very clear to me then, it is very clear to me now that you want to go after my son because you can't handle big daddy. Q. Mr. O'Boyle. A. We'll see. Q. Mr. O'Boyle, did you ever say that you had millions of dollars, and you would be willing to spend millions of dollars in responding to this issue? A. Never. Q. Did you say if you think you've seen a lot of activity from them now, you haven't seen anything yet? A. I've seen a lot of activity from -- Q. If you haven't -- if you think you were seeing a lot of activity, you haven't seen anything yet. A. No. Q. And did you say -- did you ask Mr. Randolph if A. I don't think so. Q. And Mr. Randolph responded "yes." A. Could be. Q. And then you said that your wife was going to bed each night crying and how she got up this morning and suggested that Marty hire a slew of private investigators. Did you ever make that statement that your Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 230 wife was going to bed crying at night and suggested that morning that Marty hire a slew of private investigators? A. She did -- she was going to bed at night crying, yes, because of your activities. Now, as far as private investigators, I don't really recall that. I really don't. On the other hand, my opinion, it may not have been a bad idea. But certainly we didn't do it. Q. And did you then say to Mr. Randolph, you needed to only hire two private investigators because you have two targets? A. Who were the two targets? Q. Did you ever say you only need two private investigators because you have two targets? A. I don't think so. Q. He asked you what you meant by that, and you refused to explain. Did that occur? A. My recollection is there were a couple of points during the discussions that he asked me -- that he asked me, and that I didn't answer him. But I don't remember it here about two PIs. Q. Did you ever make reference to any of the attorneys' daughters? A. No. I asked Miss -- I'm going to say Ms. Morgan. I'm sure that's not it -- who's the girl sitting next to you? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 231 MR. SMITH: Ms. O'Conner. BY MR. SWEETAPPLE: Q. The one you said lied in federal court? A. Yeah. Her. Q. You don't know her name? A. I just told you no. Q. And what lie do you believe she said to Mr. Middlebrooks -- Judge Middlebrooks. A. She can read the -- she or Mr. Thrasher can read the transcript. And now -- and if I get a chance, if you'd like, I can read the transcript and I would be glad to send it to you, Mr. Sweetapple, if counsel will allow me to do so. Q. I'm sorry. You said she lied to Judge Middlebrooks. A. Yes. Q. Can you tell me what the lie was that you've made such a terrible assertion of this member of the bar? A. Yes. Of that member of the bar she lied to a federal judge. What she said is that the town allows these type of signs, and I don't remember exactly what type of signs. But the town does not allow those type of signs, and she lied. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 232 Q. So she had an opinion of the law as to what the town allowed, and you said that's a lie? A. No. She didn't have an opinion on law. Q. She was giving her opinion on what the town allowed. A. That's what you said. Q. That's what you just said. I'm just quoting you. MR. DESOUZA: I don't think he said the "word opinion of law." Why don't we just move on. BY MR. SWEETAPPLE: Q. And you indicated earlier that I have defamed you. How have I defamed you? MR. DESOUZA: I don't recall him saying that, but... BY MR. SWEETAPPLE: Q. You did. You said I defamed you and you sued me for defamation. Tell me how I defamed you. A. Do you have the Complaint? Q. You tell me how I defamed you, please. A. I want you to read the Complaint. Q. Can you tell me? A. I'm not going to. Q. You don't know? MR. DESOUZA: That's not what he said. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 233 THE WITNESS: You read the Complaint. BY MR. SWEETAPPLE: Q. Is there something you believe I said about you that's untrue, Mr. O'Boyle? A. You're going to read the Complaint and you will find out. Q. So you can't tell me as you sit here? A. I just told you -- MR. DESOUZA: That's what he said, Bob. BY MR. SWEETAPPLE: Q. Did you ask Ms. O'Connor whether O'Connor was her maiden name? A. Yes, I did. And the reason I did, just -- I don't think I asked her what her maiden name was. We had run a Lexus -Nexus report, and it showed the name like Boecker, B- o- e- c- k -e -r. I asked Ms. O'Connor -- I got her name right that time -- I asked Ms. O'Connor if Boecker was her maiden name. She said, "No, that was my first husband's name from my first marriage." That's where that came from. Q. Did you ever tell Ms. O'Connor and Mr. Randolph that the pleading that was filed was quote, a piece of shit, it was full of shit and that, you, Mr. O'Boyle would get back at us for it. Did you ever Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 say that? Page 234 A. No. But I'm certain I said it was a piece of shit. Q. Did you ever say you would get back at us for it? A. Never. Q. So Mister -- A. I certainly had plenty of time since then. Q. So Mr. Randolph is not telling the truth in his memo here. A. I have no idea what Mr. Randolph is -- wrote, didn't write, says, didn't say. I'm just telling you what I know. Q. Did you ever say that you're not a violent man; and that you've never been in a fistfight and you've never touched anybody, and hold up your hands while you said that? A. Exactly. Let me give you the context of that. I said, "Why do we have to get the kids involved? It's crazy to get the kids involved." I said, "The problem is, somebody is going to end up getting hurt." Q. Well, you -- A. I said, "Now, I don't mean violent, because I've never touched anybody with these hands. Never Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 235 touched a human being with these hands." And that's the extent of the way the conversation went. Q. You got your son involved by having him move a -- allegedly Pennsylvania law firm into your building, and feed him hundreds of cases in a foundation that you were funding, right? MR. DESOUZA: Objection. BY MR. SWEETAPPLE: Q. Didn't you get him involved? MR. SMITH: Objection. Augmentive. MR. DESOUZA: Objection. Asked and answered. He is not going to answer it again. .. SWEETAPPLE: Q. You called me a criminal with regard to the way I treated your son. Do you think that the way you've treated your son is appropriate here, Mr. O'Boyle, or are you ashamed by what you've done? MR. TAYLOR: Objection. Argumentative. MR. DESOUZA: Objection. Argumentative. BY MR. SWEETAPPLE: Q. Do you realize that you have put your son in an untenable position by having his firm serve as your attorney so that your animosity and hatred and vindictiveness can be served? MR. DESOUZA: Hold on. Objection. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 236 Argumentative. MR. SMITH: Don't answer that question. MR. DESOUZA: Marty, hold on. MR. SMITH: Really, Bob. MR. DESOUZA: Why don't you ask him an actual question and answer instead of your argument asking if you agree with it. THE WITNESS: He can't. BY MR. SWEETAPPLE: Q. Did you tell Mr. Randolph and Ms. O'Connor that you had properties in Gulf Stream and that you were going to turn them into sober houses? A. No. This was towards the end of the discussion. And I don't remember exactly, but I remember I used the word "landscaper." And Skip Randolph went like a rocket in the air, and he said, what have you got against landscapers? What is wrong with a landscaper? I said, "Whoa, whoa. Nothing is wrong with a landscaper. But you wouldn't hire a landscaper, as an example, to do brain surgery." And then as we neared the end, I said, "you know, maybe what I'll do is this. Maybe what I'll do is just go ahead and put a sober house in the town, and that will be it." Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 237 When I said that, the meeting abruptly ended. They made it clear to me that handicapped people in the Town of Gulf Stream, they better not show up there, because they're not going to go anywhere, so... Q. What did they say to you? Who said what to you on that? A. Mr. Randolph and Mr. Morgan and Mr. Thrasher. They clearly -- Q. At this meeting -- this meeting was -- A. This meeting. Q. We're talking about a meeting that took place on June 4th between four people. A. Right. Q. And you were describing that to me and all of a sudden you went into this -- A. What do you want to know? Q. -- fantasy. I would like you to stick on the topic. A. It's not a fantasy, sir, and don't -- don't start. Q. Mr. O'Boyle, you were talking about a meeting with four people. Okay? And I asked you whether or not you said that you were going to turn properties in Gulf Stream into sober houses. What was said in response to that? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 238 A. And I answered your question. Q. Did Ms. O'Connor or Mr. Randolph respond to A. Mr. Randolph told us to leave the building. He said, "This meeting is over. Leave the building." Q. And didn't you bring up the fact that Bill Thrasher was supposed to be fired? A. Bill Thrasher was certainly supposed to be fired. He was supposed to be fired. I may have -- I don't know if I brought it up at that meeting, but John Worthline wanted to fire you. George Elmore. Tom Ladony (phonetic). Marty O'Boyle. Jonathan O'Boyle. That's five. And heck, I can't remember the other two or three. Q. At that meeting on the 4th of June, did you say that you wanted Mr. Thrasher fired? A. No. What I said was -- and I don't know how we got on the subject. But we were talking about the agreement we currently have. And he said, you breached it. I said, breached it? What do you mean I breached it? How could I have breached it? You breached it. He said, how did we breach it? And I told them that you were supposed to fire Bill Thrasher. Joan, George Elmore, Tom Ladony, myself, Skip Randolph, my son, and one or two others. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 239 He said, "Well, you know that Joan doesn't have the authority to do it on her own. She has to come to the commission." I said, "Yeah, I do know that." He said, "Well, then, how could there have been -- how could we breach the settlement agreement ?" I said, "She never tried. She never even tried." Q. So you want Mr. Thrasher fired. A. Oh, yeah. I would love to see him fired. He should be fired. Q. That's one of your goals. A. Well, I wouldn't say it is one of my goals. I think he should be fired to save the town a fortune. Q. That was one of your platforms when you ran for office, right? A. Pardon? Q. That was one of your platforms when you ran for office? A. Same as Mr. Morgan. Me and Mr. Morgan, same thing. He said Mister -- Maybe it's time for Mr. Thrasher to do his victory lap. Maybe his time has passed and so on and so forth. So don't let him kid you. Q. So you made it -- it's your desire to have Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Bill Thrasher fired, right? rase zaa MR. DESOUZA: Objection. Asked and answered. BY MR. SWEETAPPLE: Q. You've publicly stated repeatedly that you goal is to have Mr. Thrasher fired, right? A. Never. No. Q. And you, at this meeting, stated that you believe that the town was obligated to fire -- breached a settlement agreement to fire Mr. Thrasher. A. I said they breached the settlement agreement by not firing Mr. Thrasher. That's exactly what I said. Q. Is there any written settlement agreement that required Mr. Thrasher to be fired? A. No. But if you want to say George Elmore has no credibility; you want to say that Skip Randolph has no credibility; you want to say that Tom Ladony has no credibility. I'm sure you will say I have no credibility. But there are a few others as well. Q. And immediately after leaving this meeting, did you -- strike that. Did you have permission from the O'Boyle Law Firm to participate in this meeting on June 4th? A. Yes. Q. And who gave you that permission? A. Bill Ring. I was with him. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 241 Q. Bill Ring was not at the O'Boyle Law Firm at that time. He was not a member of the law firm. A. I think he was. Q. When did he join the law firm? A. You have to ask him. Q. I'll look at my chronology and I'll tell you. (Discussion held off the record.) A. I'm talking about cabs. MR. DESOUZA: It's going to be hard to converse with you and take it down at the same time. BY MR. SWEETAPPLE: Q. And is Mr. Ring employed by the O'Boyle Law Firm now? A. To my knowledge, yes. Q. And he gets remuneration from them? A. To my knowledge, yes. Q. None of your entities employ him directly? A. I don't think so. But I don't know. I mean, again, I don't know. Q. And on June 19, didn't Mr. Ring e-mail Mr. Chandler and indicate he was going to become a partner in the firm, June 19? A. I don't know. Q. So when you were at this meeting, was Mr. Ring Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 242 a member of the O'Boyle Law Firm or not? A. Was what? Q. Was Mr. Ring a member of the O'Boyle Law Firm or not on June 4th at that meeting? A. I'm assuming he was. If not, I'm assuming he would have spoke to the appropriate people. Q. And -- A. Whoever they may be. Q. What settlement offer did you believe you made at this meeting? A. Well, I think it was a sort of a global kind of settlement to talk about what do we have to do. The first thing we did is we went in and we said -- I said this meeting is for settlement purposes only, and for no other purpose. And Mr. Randolph, said, well, wait a minute now. What if, you know, we talk about something else? And I said, well, of course we're going to talk about something else. I mean, we may digress and talk about what we had for dinner last night. This is a settlement conference. And then he and Bill Ring went back and forth quite a bit. And then I said to Bill, are we resolved? And he said, yes. And that's when we started the meeting. So if Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 243 not, I would have never -- I would have walked out of the meeting. I would never have went into the meeting without it being a settlement conference. And what we did, I think the first thing we talked about was your -- I don't know what you call it, your motion. And we explained that it was a bad motion; that there was no factual basis to it, and we were going to -- if we didn't already. When I said "we", I don't mean me as a lawyer, I want everybody to know that. "We", meaning I was there; that we were going to file a 157, whatever it is called, sanction. (Interruption.) THE WITNESS: 157 sanction. And what we'd like to try to do is get rid of this thing. And then once we do, to talk about some of the other things and how we might resolve them. And as I recall, the way Joanne had signed this, and she looked like she had buyer's remorse, but I can't tell her facial expressions. But we filed the sanctions, for sanctions, and her and Skip withdrew the motion. Because I think what happened was Skip probably said, what is this all about? And guessing now -- I shouldn't -- but in any event, that was sort of the way it went. We talked about Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 244 the children, getting the children involved, which is just plain stupid to get the children involved. After all, your daughter is going to be a lawyer very soon. How would you like if I put a private detective on your daughter? I wouldn't do it and I won't do it, but how would you like that? Q. If my daughter engaged in the activities that you and your son had engaged in, I would expect that appropriate ramifications would occur. We have laws in this state with regard to who practices law, how we practice law -- A. How we get DUIs. Q. Right. Exactly. MR. DESOUZA: You don't need to make statements back and forth. BY MR. SWEETAPPLE: Q. Mr. O'Boyle. MR. DESOUZA: BY MR. SWEETAPPLE: Just questions and answers. Q. Mr. O'Boyle, you're the one that put your son in this position, not me. A. You already told me that. Q. And I'm sure it will be like your daughter's DUI, the whole world will responsible but not you Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 245 because you're never responsible. MR. SMITH: Bob -- objection. MR. DESOUZA: Objection. Let's take a break. At this point there is nothing beneficial going on here. MR. SWEETAPPLE: Let's take a break and as long as you need. I'm about to go into the motion to disqualify and the motion for sanctions and the specific evidence. MR. DESOUZA: Great. THE VIDEOGRAPHER: The time is 4:20 p.m. We're going off the record. (At 4:20 p.m. a brief recess was had.) THE VIDEOGRAPHER: The time is 4:36 p.m. We're back on record. BY MR. SWEETAPPLE: Q. All right. As far as this meeting that occurred on June 4th, did you or Mr. Ring make any settlement proposal? A. Yes. In a general way. Q. What did you propose? A. We proposed, first of all, to get rid of that motion; the one that we said, "whose brainchild was this." And then we talked about the other -- I think we talked generally about the other lawsuits. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. What proposal did you make to settle? Page 246 A. I think we talked about resolving and getting rid of the motion as a condition precedent to then going in and talking about the various record suits. Unfortunately, we didn't get beyond that part. Q. So there was never a formal settlement offer made by either side? A. I wouldn't say that. Q. Was there a formal settlement offer made by either side? A. I think so. Q. Who made a formal offer? A. I think we did. Q. What did you offer to do to settle -- to settle all the cases? A. I think what we said was that this motion is a piece of garbage. Q. You said it was a piece of shit, actually. A. Piece of shit. You're right. I did say it was a piece of shit. I'm glad you recognize it as such. Q. I don't. I don't think the people that review this are going to recognize it as that either. A. Okay. But in any event, we talked about getting rid of that. And then we talked about, I think, how many other suits there were pending. And let's see. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 247 If we can get rid of this and let's address that. Q. And so you were unable to meet the condition precedent, correct? A. No. No. You were unable to -- unwilling to meet the conditions precedent. Q. When you say "you ", you're talking about Mr. Randolph and Ms. O'Conner? A. Yes. Uh -huh. Q. So you never got to the issue of a global A. Well, I wouldn't say that. I would say that we started off talking about the motion. That's where we started. And then you sort of migrate, and sometimes after that happened, there's no telling where it would have went, this way, that way, the other way. This was the main event in our eyes. Q. So you wanted to get rid of the motion? A. Yes. Q. What were you willing to do if they got rid of the motion to settle the litigation? A. Well, they were willing to -- hopefully, figure out a way to get rid of the records suits. Q. All the lawsuits? A. Well, I don't know, because we didn't get that Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 248 Q. Well, did you have a proposal in mind when you went to that meeting to settle? A. I think we -- the proposal that we had in mind was to start with that motion. And that's exactly what we did. Q. You wanted the motion to be withdrawn and then you were going to just discuss settlement? A. That's the way that I'm familiar with how you make a settlement. Q. Well, normally you have a proposal in mind. What was your proposal to settle all the cases? A. Normally you may have a proposal in mind. I do it my way, you do it your way. I told you the way I do it, and let's move on. Q. I'm just trying to understand what happened because I haven't heard of a settlement proposal from you and I haven't heard a settlement proposal recounted in your testimony from Ms. O'Connor or Mr. Randolph. I heard you call it a settlement conference. Were there any proposals made by either side to settle the litigation? A. We made it clear that when we got there, that the meeting was for settlement purposes only and for no other reason. No other purpose. And then we talked about the motion, and then it meandered a little bit Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 249 here and there. And then when it was clear that the motion was not going to be resolved, then we talked about some other things. And then Mr. Randolph, when we talked about handicapped people, he -- he shocked me. Handicapped people and landscaper. He just shocked me. Q. How did he shock you? A. He asked us to leave. Shocked me. I mean, I would never expected a Jones Foster lawyer to discriminate against handicap people like that. Q. What did he say to you that you thought was a discrimination? A. I'm trying to think for a second. When I raised the sober house, I said, well, maybe what I'll do is just put in a sober house down there. And he just said, This meeting is over. Go ahead and leave. It's over." Q. That's all that happened? A. Well, no. It was -- the meeting probably lasted an hour and 45 minutes. Q. I'm talking about the subject of you said he discriminated against handicapped people. Did he say something? He just said the meeting is over? A. Well, no. But it was based upon a sober house which is handicapped people. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 250 Q. Well -- and you think that he didn't just terminate the meeting because it was clearly your only reason for being there was to try to intimidate and make demands? MR. DESOUZA: Objection. THE WITNESS: First of all, I didn't try to intimidate. Secondly, I didn't try to make demands. Thirdly, if either of those two were his, that was his goal, he would have said it long before I ever raised the word sober house. BY MR. SWEETAPPLE: Q. And had you been thinking about opening sober houses before that meeting? A. I had been thinking about it, and thinking as we sit here right now. Q. Okay. And were you threatening that to the town to try to get them to do something? Why did you say that? A. I just said it. Q. Was it a threat? A. No. Q. Why were you bringing that up at that time? A. I'm not sure. We may have -- we talked about something in advance to that. And I remember a landscaper. I raised a landscaper. So I don't Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 251 remember, but that is my recollection of what happened. Q. Were you threatening that you were going to open a sober house if the town didn't stop pointing out the allegations regarding your son's law firm? A. Well, it has been four months. Have I opened up a sober house? Q. Well, let's talk about that. Two days later after the meeting you went to the town and gave them a letter. If you'll mark this next, please. (Defendant's Exhibit No. 16 was marked for identification.) Q. The next date, June 5th, you had a banner flown, didn't you? A. I don't know. Q. Well, didn't you have a banner flown that says "Jones Foster clients check your bills ?" A. I think I had a banner flown that said that. I don't know if it was the next day. Q. Well, you don't -- did you -- are you the one that arranged that banner? A. Indirectly, yes. Q. Indirectly, you mean you told someone to do it? A. Yes. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Who did you tell to do it? Page 252 A. I don't know. Q. And what airline, what company did it? A. I don't know. Q. And who wrote the language, "Jones Foster clients check your bills ?" A. Probably me. Q. And why did you have a banner that said, "Jones Foster clients check your bills ?" A. I thought, and I still think, that this whole crowd is out of control. Jones Foster's bills went from 3 or 4,000 a month, to 50 -- 45, 50,000 a month, which is awful high. And I think it is good for the people, good for the town, good for everybody, for people to check their bills. Q. Weren't you implying that Jones Foster clients were being ripped off in their billings? A. No. You must -- you have a dirty mind. Q. Isn't that a normal -- you said clients, Jones Foster clients. You didn't refer to the town. You referred to their clients. A. Yes. Q. So you wanted their clients to check their bills? A. Yes. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 253 Q. You don't think it's a reasonable interpretation that that is an implication that Jones Foster somehow is overbilling their clients? A. No. Q. And you didn't intend to create that impression when you had that banner flown? A. No. Q. So a jury shouldn't reasonably think that that was a statement implicitly that Jones Foster is, in its bills, ripping off its clients? MR. DESOUZA: Objection to form. THE WITNESS: No. Not at all. BY MR. SWEETAPPLE: Q. And then the next day you had a banner flown up and down Palm Beach County; are you aware? A. No. Q. Do you remember it? A. No. Q. Do you recall there was a bar installation meeting at the Breakers? A. No. Q. And you had a banner fly that said "JF don't drink and drive, we'll be watching." Do you remember that? A. I remember the banner. I don't remember it Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 254 even going near the Breakers. Q. Well, did you direct -- do you direct where these banners go, where the planes fly? A. Generally stated I would say yes. Q. So where did you -- who do you talk to about where you want the planes to fly? A. My secretary. Q. Okay. And where did you say you wanted the "JF don't drink and drive we'll be watching" banner? A. I don't remember. But it was between point A and point B. Q. So you don't remember the specifics of it? A. No. Q. And what about the "Jones Foster clients check your bills." Did you give her a geographic area for that? MR. DESOUZA: Object to form. BY MR. SWEETAPPLE: Q. A geographic area to have the planes fly? A. Yeah. The answer is -- I don't recall. I mean, I just don't recall. Q. And on June 6th, that same day that you had the "JF don't drink and drive, we'll be watching you," you were doing this out of anger because Jones Foster wouldn't dismiss the motion regarding disqualifying the Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 law firm, right? Page zss MR. TAYLOR: Object to form. MR. DESOUZA: Same. THE WITNESS: I thought you were a lawyer, not a psychiatrist. BY MR. SWEETAPPLE: Q. I'm just asking you a question. That's really why you did it. A. Don't tell me about me being -- about anger. Q. Well, I can lead my questions. What was your motivation if it wasn't anger? A. Why don't you read me your question again. Q. When you had these two banners flown, was it done out of anger? A. No. Q. Was it done for the purpose of retaliating? A. No. Q. Why was it done? Why was it done immediately after this meeting that Mr. Randolph carefully details in his two - and -half page memo? MR. DESOUZA: The two- and -a -half page memo that you're saying he carefully detailed that you're not going to share with us? MR. SWEETAPPLE: I'm going to wait to see if you decide if this was a settlement meeting or not, Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 256 because if you take the position with the court that it's a settlement meeting, I don't think you're entitled to it. If you admit it's not a settlement meeting, I think you are. So I guess we'll have that discussion before the judge when you decide what side of the bed you're on. Your client seems to think it's a settlement conference. I don't, but we'll have a debate about it. MR. DESOUZA: Bob, I'm simply referring to your statement that Mr. Randolph carefully detailed something you haven't shared with us. MR. SWEETAPPLE: I read you excerpts from it and you'll see Ms. O'Connor has one that is remarkably similar to it. And contrary to Mr. O'Boyle's statements, I know the both of them to be ethical people. But anyone who relies on Mr. O'Boyle's judge of character does so at their own risk, I suggest. MR. TAYLOR: You don't need to respond when all he is doing is giving a speech. MR. DESOUZA: Marty. MR. SWEETAPPLE: I have sat here and listened to him tell me my co- counsel lied to federal judges. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 257 Let's talk about this letter, Exhibit 16. You wrote -- MR. DESOUZA: Hold on. Is this a one -copy letter? Can I see it? MR. SWEETAPPLE: Yes, you can. MR. DESOUZA: Thank you. Do you have an extra copy of this, or just the one? MR. SWEETAPPLE: I do not. Apparently, Mr. O'Boyle says it is floating all around Gulf Stream. And he filed a lawsuit over that. It concerns him that this letter would be floating all over Gulf Stream. MR. DESOUZA: Joanne, you have the letter? MS. O'CONNOR: Yes. I'll get it. BY MR. SWEETAPPLE: Q. Mr. O'Boyle, do you recognize that letter? MR. DESOUZA: It's not in front of him at this point. Skip has it right now. MR. SWEETAPPLE: Okay. MR. SMITH: What is it? Six -- MR. DESOUZA: June 6. THE WITNESS: Yes. BY MR. SWEETAPPLE: Q. Did you deliver this letter to the Town of Gulf Stream? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 258 A. May I? Q. Sure. A. It was delivered from my office. It appears to be from my office. Q. So it was not delivered by hand, it was delivered electronically or by fax? A. I would say so. Q. Okay. A. Not faxed. Q. And so you made -- you personally made the decision to form a company to acquire houses in Gulf Stream for use as sober houses. "I intend to begin the implementation of this program forthwith," right? Is that what you stated in the letter? A. You're reading it, not me. Q. Is that what you stated in the letter? And did you, in fact, on June 6, two days after the meeting with Mr. Randolph and Ms. O'Connor, form a company for the purpose of opening sober houses in Gulf Stream? A. I don't know. Q. Did you direct Mr. Ring to form a company by the name of Sweet Apple Sober Houses, LLC on June 6? A. No. Q. 2014? A. No. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 259 Q. And the registered agent is indicated to be William F. Ring, Jr. He is your attorney, right? A. He is -- you can say he is my attorney, yeah. Q. He was the attorney who was with you at the meeting where you threatened to open sober houses, right? A. I didn't threaten anything. Q. That's where you stated you were going to open a sober house. He was the lawyer that was with you at that meeting, right? A. How about if I was going to open a hamburger Q. Mr. Ring was with you at that meeting, right? A. Is that a threat? Q. Was Mr. Ring in the vicinity of you when you said you were going to open up a sober house? A. I don't know if he was or not. Q. And after that statement was made, Mr. Randolph asked you to leave his office, right? A. Yes. Q. And within two days, Mister -- who actually filed the Sweet Apple Sober Houses, LLC, Florida Limited Liability Company articles with the Secretary of State? A. I don't know. Q. Did you ask that it be done? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Did I ask that it be done? Page 260 Q. Did you ask the secretary like Ms. De Larmartini or someone to do that? A. I would say yes. Q. Who did you ask to do it? A. I don't know. Q. Was it Ms. De Larmartini? A. I have no idea. Q. Did you ask Mr. Ring if he was willing to be the registered agent? A. No. Q. How did Mr. Ring's name get put on as the registered agent? A. We probably put it there. Q. Without his permission? A. Yes. Q. Yes? A. Yes. Q. Since I filed the motion for sanctions, has Mr. Ring asked to have his name removed as a registered agent? A. I don't think he knows it's there. Q. Well, the motion was served on him and it makes reference to this application. Do you know, has Mr. Ring ever discussed with you -- have you discussed Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 261 with Mr. Ring the fact that his name is a registered agent? MR. DESOUZA: You can answer yes or no. I don't want you to get into the substance of conversations. You can answer whether you discussed it or not. THE WITNESS: What was your question again? Q. Did you tell Mr. Ring you were putting his name in as registered agent? A. I don't recall that we did. That I did. Q. You listed yourself as the manager, correct? A. I don't know. Q. And why did you pick the name Sweet Apple Sober Houses, LLC? Was it in any reference to me? A. It was a reference to -- the town was highly objectionable to having sober houses. You, I thought, were taking the position with the town that you were -- you're going to break them. And I thought we would put that -- we would use that for a name, and that would be the name. It was funny. And that ended up being the name. Q. So you did it because it was funny and you thought I was taking the town in a way that would break them? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 262 A. I think that you're going to end up breaking the town is what I -- if I didn't make that clear, that's what I think. Q. So that's why you put my name on the sober house company? A. No. No. What I said was, you have to take the two of them together. And I took the two of them together. And I thought that it was a combination that would knock everybody down a notch or two. I thought it was funny. Besides all of that, it is something that the First Amendment of the constitution allows me to do. Q. That's your legal conclusion? A. Yes, it is. Q. Okay. And so the purpose was to knock people down a notch or two? MR. DESOUZA: Objection. Misstates his testimony. . SWEETAPPLE: Q. Did you say that was one of the purposes, was to knock people down a notch or two? A. No. What I said was that the town is out of control. I think you're out of control. I put the two names together, and we formed the company. I thought it was funny. I thought it brought smiles to people's face. And in addition, I thought Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 263 that it -- I thought -- I'm losing my train of thought for a moment. Excuse me. It would bring things down a notch or two, and the First Amendment allows me to do it, so I did it. Q. I guess we'll find out if the First Amendment allows you to do it at some point. A. Sure. Q. But right now, what do you mean by "knock down a notch or two ?" What are you referring to? A. What I'm referring to is, when people get a little high on their horse, you knock them down a notch Q. So you use my name in order to knock me down a A. I think so. Q. In order to hurt my reputation to -- you wanted to -- A. No, not at all. Q. Did you want to affiliate me, my name as a professional with your efforts to put sober houses in Gulf Stream? A. I wanted to layout the name -- can't think of it now. Sweet Apple Sober Houses, because I thought it was funny. I thought it would knock things down a notch or two. Maybe make the people focus a little bit more. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 264 Take a closer look. And I thought that it was not in violation of the constitution, so... Q. You don't think it's defamatory to put my name with an activity that you believe is offensive to residents of Gulf Stream? MR. DESOUZA: Objection. Form. THE WITNESS: It shouldn't be. If the -- if the people of Gulf Stream are going to discriminate against handicapped people, shame on them, starting with the top down. BY MR. SWEETAPPLE: Q. What if I wanted to put a sign up in a house next to your house in Gulf Stream that said Martin O'Boyle's whorehouse? You think the First Amendment gives me the right to use your name in conjunction with whorehouse? A. After I spoke with my counsel, I will give you an answer. Q. Did you get any legal advice from any lawyer before you decided to use the name, Sweetapple Sober Houses, with regard to your efforts to place a sober house in Gulf Stream, Florida? A. Well, you asked two questions there. Q. Did you obtain any advice from any attorney with regard to the issue of whether or not it would be Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 265 defamatory to associate my name with a sober house in Gulf Stream, Florida? A. Well, first of all, I don't think it's your name, but put that aside for a moment -- because it is two names -- when we designed the name, we designed it with you in mind. So I will just tell you that. Q. Who is "we", Mr. O'Boyle? A. Me. Q. You said "we". Who did you mean? A. I know I said "we." Q. You didn't have someone else that you did this with? A. No. Q. Did you discuss it with your wife? A. No. Q. How about your son? A. No. Q. How about Mr. Ring? A. No. Q. Just you? A. Yeah. Q. So you had me in mind. A. Yes. Q. You wanted to bring me down a notch or two and you thought it was funny. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 two or three. Q. What about you? Do you think you have any issues that maybe you need to confront? A. No. But you're more than welcome, I would invite you to utilize the First Amendment to take -- to take any action that you wish that complies with protect -- where you're protected by the First Amendment against me. That's what it's there for and I would encourage you to do it. Q. Do you think you could open up something called Sweet Apple's Whorehouse? MR. DESOUZA: Objection. MR. SMITH: Asked and answered. MR. DESOUZA: Objection. You're asking him to speculate at this point. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 266 A. Yeah, I did think it was funny. Q. And you wanted to bring me down a notch or two. A. Yeah. I think you needed to go down a notch or two. Q. And -- A. And I think the -- Q. And you think the First Amendment protects you? A. I think these guys need to go down a notch or two or three. Q. What about you? Do you think you have any issues that maybe you need to confront? A. No. But you're more than welcome, I would invite you to utilize the First Amendment to take -- to take any action that you wish that complies with protect -- where you're protected by the First Amendment against me. That's what it's there for and I would encourage you to do it. Q. Do you think you could open up something called Sweet Apple's Whorehouse? MR. DESOUZA: Objection. MR. SMITH: Asked and answered. MR. DESOUZA: Objection. You're asking him to speculate at this point. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. SWEETAPPLE: Page 267 Q. You're telling me your legal opinion as to the First Amendment protects this. Did you give consideration of whether or not you could say "Sweetapple Unethical Law Firm" and put a sign up in front of a building in Deerfield Beach? Just Sweetapple Broeker and Vargas, rip -off lawyers. Do you think you can put a sign up that said that, and that the First Amendment protects you to do that? A. The First Amendment protects you to do certain things. Whether it protects you to do that, I don't know. Q. Do you think it protects you to directly or indirectly defame people or to associate them with businesses? You knew I had no association with this business, right? I wasn't involved in this entity. Strike that. Did you believe that I had any involvement in this company financially or otherwise? A. I think I've answered the question multiple times, and what I suggest is that we move on. Q. Where would you like to move on to? A. Wherever you would like. Q. And after this letter was sent to the town, did you become upset that people in the town obtained a Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 copy of it? Page 268 A. Well, I think -- no, not upset. It's just it annoyed me, because when you send a letter to the town, they are not to send it to their cronies to spread it around and say O'Boyle is a bad guy. So several people called me and told me they had a copy of it. So all I wanted to do is find out who has got a copy and where they got it from, and then I'll deal with it. Q. Okay. Well, that letter was sent to the town, right? A. Yes. Q. And it's a public record. A. Yes. Q. And anyone can ask for a copy of it. A. I don't know about that, but, yeah, I think so. Q. Why couldn't anyone do like you do and go ask for a copy of this letter? A. I'm not answering that. I already answered. Q. Didn't you expect when this letter was sent, that it would become a public record? A. What I didn't expect is that nobody would ask for that public record and it be all over town. That's what I didn't expect. Q. How do you know no one asked for a copy? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 269 A. Because they put their public records on line and it isn't there. Mr. Thrasher wrote it in writing. He said -- there hasn't been a written request. It's Q. Are you saying that in order to request this document under public records law someone would have to do it in writing? RANNINNUOV Q. So why couldn't someone ask for this letter? A. They could. Q. And why couldn't it have been given to them? A. They could. And after I take their deposition, I'll know. Q. Whose deposition? A. Figure it out. Q. You sued the town alleging that this letter was disseminated improperly, right? A. I don't think I said improperly, but maybe. Q. You subpoenaed me because you want to know what I know about how this letter was disseminated, right? A. Because it showed Mr. Thresher said it was only disseminated to three people, he said to Miss -- I can't think of your name again. MS. O'CONNOR: O'Connor. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 270 THE WITNESS: O'Connor, Mr. Randolph and you. Q. So we got copies of this -- written copies of A. Yeah. Q. And you want my deposition because you don't understand that any individual could walk in and get a copy of this letter and, in fact, did? A. That's not what I said. MR. DESOUZA: Objection to form. BY MR. SWEETAPPLE: Q. We'll deal with that in your lawsuit. A. We sure will. Q. And you e- mailed Gordon Craft on June 15. "Gordon, I feel no obligation to respond. I'm writing to you now voluntarily. I have no intention of putting a sober house in Gulf Stream for reasons inter alia. "I wouldn't have a clue on how to run one. I was, however, approached by an out of state company that seems set on putting sober houses in Gulf Stream and the surrounding areas, but only on the water in Gulf Stream. For reasons unknown to me, they asked me to lead their charge. They offered to pay me a very handsome sum. I'm struggling with their offer whether to accept it or not. As I said, it's a ton of money, and I know if I Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 271 don't take it, someone else will." Did you write that e-mail? A. I did. Q. Why would it concern you that someone -- that people in Gulf Stream would know of your stated intention to open sober houses? A. Because I think the hierarchy, the mayor, Mr. Thrasher, I think they lie and I think they did it in an effort to try to dirty me up. And all I want to do is what I'm entitled to do, Mr. Sweetapple. Q. Mr. O'Boyle, how would associating you with your letter to open sober houses dirty you up? A. You can ask them. Q. I would like to know from you. You said you didn't want this letter being disseminated because it would dirty you up. Tell me how would it dirty you up? A. It has been disseminated. People -- if you read Mr. Kraft's letter, I think you'll learn a little bit. It says there, "I can't believe you're going to put a sober house. Your going to ruin the whole town." So I think that gives you a little hint. Q. So in other words, your neighbors got mad at you because you were going to open a sober house. MR. DESOUZA: Objection to form. THE WITNESS: Let me tell you something. I Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 272 don't know whether my neighbors got mad at me or not, but you know what? If my neighbors want to discriminate against handicapped people and if the mayor wants to and the town manager, to hell with each other. BY MR. SWEETAPPLE: Q. Because you're going to open a sober house, right? A. We'll see. Q. And you want to call it Sweet Apple's Sober House? A. I like that name. I do like that name. Q. Good. We'll see how we deal with that, Mr. O'Boyle. A. Yeah. MR. DESOUZA: Is that a question? MR. SWEETAPPLE: No, that's not a question. MR. DESOUZA: Great. Do you have a question? BY MR. SWEETAPPLE: Q. Which company, out of state company has contacted you that has offered you money to open up a sober house? Is that true or is that just something you made up to further your intimidation? A. No, it's true. Q. What's the name of the company, Mr. O'Boyle? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. I think it was called Tin -- I think was Page 273 called Tin Turn Corporation, and they were out of -- I think either Red Bank or New Silver [sic] New Jersey. Q. And how did they contact you? A. I guess one of my friends. I do have some friends. Q. Real friends? A. Yeah. Yeah. MR. DESOUZA: You don't have to answer that. That is ridiculous. THE WITNESS: Yeah. Probably mentioned that I'm in Florida, I'm a real estate developer, and I have some knowledge of high -end real estate. BY MR. SWEETAPPLE: Q. And who is it that contacted you? A. I think it was called tin -- Tin Turn. Q. And did they write you or call you? A. They called me. Q. Did they ever write you? A. They may have. Q. Do you have any a -mails from these people? Any writings from these people? A. I don't know. Q. Who did you speak to there? A. You know -- Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 274 Q. You said they made an offer, very handsome sum. How much did they offer you? A. I think it was a quarter million dollars, the project. I think. Q. To get an approval or for the land, or what? A. For -- to get it developed to where -- whatever had to be done. Go through the approval process, and do whatever has to be done. I don't know. As an example, maybe a bathroom has to have handicapped facilities. It may have to -- I don't know. Q. It was a very attractive offer, right? A. I thought so. Q. You were struggling with it, right? A. I was struggling with it. Q. Trying to decide if you could accept it or not, right? A. No. Trying to decide if I wanted to accept it. Q. So if you decided to accept it, who would you contact to let them know you accepted? What's the name of the person and the telephone number? Where do you have that? A. I don't know. I may have chucked it. Q. So if I asked you in a request to produce for the name of this supposed person that offered you a Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 275 quarter of a million dollars and their contact information, you think you chucked it? A. We'll find out. You send a notice to produce Q. Do you recall what you did with it? Did you ever write that information down? A. I just told you a second ago that I didn't know. Q. I haven't asked you if you wrote it down. I asked you if they wrote you. Now I'm asking you if wrote this information down. A. That's what you asked me. You asked me that. And what I told you is the best I can tell you. Q. Let's talk about the motion to disqualify the O'Boyle Law Firm and in the alternative for an evidentiary hearing, which -- MR. DESOUZA: The withdrawn motion? MR. SWEETAPPLE: Well, it's going to be. It's been, first of all, dealt with appropriately as required by law. Second of all, it is going to be an amended affirmative defense and counterclaim in these cases, as well as be a part of other lawsuits that are being filed. But it has -- as the motion said, not been abandoned. We decided we did not want to pursue Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the relief by just asking to have the law firm disqualified. We want to seek more serious and permanent relief. MR. DESOUZA: I understand. MR. SWEETAPPLE: Just a motion -- if you saw, the motion was withdrawn without prejudice to all the rights that are enumerated in that withdrawal, which obviously we're obligated to pursue and we will discharge all the law obligations. MR. DESOUZA: And thank you for that. I was just asking whether this is the withdrawn motion. MR. SWEETAPPLE: Of course you knew that. You saw that we withdrew it and said that's what we were going to do. So again, you're editorializing and being facetious. But that's okay. Let's go through the motion that you said was shit, Mr. O'Boyle. MR. DESOUZA: Apparently, I'm editorializing when Mr. Sweetapple has talked for hours in this deposition just making statements without questions. MR. SWEETAPPLE: They're called leading questions, Counsel. That is what I do with adverse parties all the time. So I haven't heard a form objection in five hours, and now you're giving Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 276 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 277 speeches again about the depo. You haven't made one form objection in five hours. MR. DESOUZA: I tell you what. We go back through the record and if you find a form objection in the last five hours, do I get a prize? Because I believe I have made several form objections. MR. SWEETAPPLE: When I'm leading the witness you have never taken any objections to my making statements and saying isn't that true. That's what you do when you have an opposing party. That's how you cross - examine, and that is how you're permitted to depose an adverse party. MR. DESOUZA: That's your 34 years of experience talking, right? MR. SWEETAPPLE: Yeah, you can lead. MR. DESOUZA: Bob, I don't care what your instructions are. Just ask your questions. MR. SWEETAPPLE: Well, my question are statements followed with "isn't that true" quite often. THE WITNESS: Listen to him. You'll learn. MR. DESOUZA: I know -- MR. SWEETAPPLE: That's what I'm permitted to do obviously. It should be clear. It should be Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 278 clear to you that is what you do. THE WITNESS: You need to listen to him. BY MR. SWEETAPPLE: Q. Let's go back to the allegations regarding your son, Mr. O'Boyle. Was your son's firm originally called the O'Boyle Law Firm and created in November 2013? A. I don't know. Q. Did it list with the Pennsylvania Department of State its registered office address at 1001 Broad Street, Johnstown, Pennsylvania, but no mailing address. A. I don't know. Q. Did you ever look at that? When you saw this motion, did you ever investigate that? A. Do you have any documents to show me? Then I won't have to investigate it. We can resolve it right now. Q. I'm asking whether or not when you read Paragraph 1 in the motion if you did anything to investigate if the facts alleged in that paragraph were true? A. No, I didn't do anything. Q. Did you speak to your son to ask him if the facts were true? A. No. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 279 Q. Paragraph 2 says, "According to the Florida Department of State, Division of Corporations, the O'Boyle Law Firm PC, Inc., is a foreign profit cooperation with a principal address in Deerfield Beach, Florida. The corporation lists a mailing address at 2146 East Huntington Street in Philadelphia, Pennsylvania." Did you do anything to investigate whether that paragraph was true? A. No. But I do want to point out, that Kevin Tyne (phonetic) who is an ethics lawyer, wrote to you in connection with the inquiries that you made and said if you have any questions to please contact him. Something that you refuse to do. Go ahead. Q. I'll be happy to show you my letter to him, and his response which did not answer my questions that I did pose to your son. In fact, it specifically ignored numerous questions that I asked your son, and did not dispute other assertions I made in my letter. So we'll be happy to go over all that with you, Mr. O'Boyle. Let's go to No. 3. Do you want to answer with regard to No. 2? Did you do anything to determine whether or not the allegations in Paragraph 2 are true or false when you got this motion? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 280 MR. SMITH: I don't have the motion. BY MR. SWEETAPPLE: Q. I just read them to you. "According to the Florida Department of State, Division Of Corporations, the O'Boyle Law Firm PC, Inc., is a foreign profit corporation, with a principal address in Deerfield Beach, Florida. The corporation lists a mailing address at 2146 East Huntington Street in Philadelphia, Pennsylvania." Did you go and look at the Department of State, Division of Corporation filing for the Florida O'Boyle Law Firm PC, Inc., filing to see if that statement was true? A. I did not. Q. Do you know if it's true or false, that statement? A. I don't know. Q. Three. With regard to 2146 East Huntington Street, Philadelphia, Pennsylvania, do you recognize that address? A. I don't. Q. Is that an address where one of your children resides? A. Maybe. Q. Is it where your daughter resides? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. It may be. Page 281 Q. You don't know for sure? A. Don't know. Q. Isn't it a townhouse in Philadelphia where your daughter resides? A. Don't know. Q. Did Jonathan ever reside there? A. Don't know. Q. Did Jonathan ever conduct law out of that location? A. Don't know. Q. Have you ever asked your son or your daughter whether or not Jonathan, in fact, used 2146 East Huntington as the address for the O'Boyle Law Firm? A. Can you say that again? Q. Did you ever ask your daughter or your son, Jonathan, whether or not Jonathan ever practiced law out of the address 2146 East Huntington Street, Philadelphia, Pennsylvania? A. Not that I can recall. Q. And your son -- Paragraph 4 -- says that the O'Boyle Law Firm PC, Inc., identified Jonathan R. O'Boyle with an address of 2146 East Huntington Street, Philadelphia, Pennsylvania as its president in its filings with the Florida Department of State, Division Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 282 of Corporations. No other officers are identified. Did you check the filing to see if there are any other officers identified? A. I did not. Q. Prior to going to the meeting June 4th, were you aware that your son indicated that the address of his law firm was 2146 East Huntington Street, Philadelphia, Pennsylvania? MR. DESOUZA: Objection to form. THE WITNESS: No, I was not. BY MR. SWEETAPPLE: Q. You were not aware he was using that address? A. No. Q. Did you believe that your son had a law firm somewhere prior to or -- strike that -- in November or December of 2013? A. Can you say that again? Q. Did you understand that your son had a law firm somewhere in November or December of 2013? A. I don't know. Q. Did he ever tell you he had an office somewhere? A. I don't recall. Q. Did you ever go to any opening of an office, a party or anything for his office in Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 November /December 2013? Page 283 A. Not that I recall. Q. Did you ever get an announcement that he had opened an office anywhere in November or December of 2013? A. Not that I recall. Q. Did you ever get a business card that showed an address and phone number for an office anywhere in Pennsylvania in 2013 -- MR. DESOUZA: Objection form. Q. -- for the O'Boyle Law Firm from your son? A. Not that I recall. Q. Did you ever see any stationary that your son had prepared with the address 2146 East Huntington Street, as an address for the O'Boyle Law Firm, PC? A. Not that I recall. Q. And did your son ever tell you that he was practicing law with any lawyers in Pennsylvania as part of the O'Boyle Law Firm? A. Not that I can recall. Q. Are you aware of any lawyers that practiced law with your son in Pennsylvania in 2013? A. Not that I can recall. Q. Did he ever tell you he had a secretary in Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Pennsylvania? A. Not that I recall. Page 284 Q. Did he ever handle cases for you in Pennsylvania or New Jersey in 2013? A. I don't know. Q. In Paragraph 5, I recited that, "However, as of April 4, 2014, Pennsylvania has listed him as an out -of- state - lawyer with an address at the home of his father, Martin O'Boyle, at 23 North Hidden Harbor Drive in Gulf Stream, Florida, and a telephone number with a 561 area code. Thus, as of April 4, 2014 the Pennsylvania Supreme Court did not reflect that any lawyer with the O'Boyle Law Firm actively practiced in the state." Did you do anything to determine whether or not those allegations were correct? A. I was unaware, and I don't have any knowledge. Q. Were you aware that your son indicated on his file with the Pennsylvania Bar that he was an out -of -state lawyer and not practicing in the state of Pennsylvania? MR. SMITH: Object to form THE WITNESS: Pardon? MR. DESOUZA: Same. MR. SMITH: Go ahead. Argumentative. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 285 THE WITNESS: I was unaware. I did not look at the bar or whatever he was. BY MR. SWEETAPPLE: Q. When you received this motion, did you look at any of the exhibits that were attached to it? A. Probably not. Q. So you just got enraged and didn't look at the backup? MR. DESOUZA: Objection. BY MR. SWEETAPPLE: Q. Did you get mad when you saw this motion for the first time? A. No. I realized who prepared it. How can I get mad? Q. So you just -- you weren't at all concerned about it? A. That's not what I said. Q. So you just dismissed it because of who wrote it. A. That's not what I said either. Q. Well, let me say this. Did you know that your son, while he was telling -- strike that. Were you aware that your son advised the Pennsylvania Bar his address was your home address, 23 North Hidden Harbor Drive? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 286 A. I have no knowledge. Q. And were you aware that he provided the Pennsylvania Bar with a Florida mobile telephone number as his telephone contact? A. No. But I think that's all right. Q. Are you aware that the Florida Supreme Court records as of April 4, 2014 did not reflect any lawyer with the O'Boyle Law Firm actively practicing in the state of Pennsylvania? MR. DESOUZA: Florida records? MR. SWEETAPPLE: Pennsylvania Supreme Court records. Were you aware of that? MR. SMITH: Object to form. Argumentative. THE WITNESS: What's the -- what was it? BY MR. SWEETAPPLE: Q. Did you ever do anything to determine whether or not the allegation in Paragraph 5, that as of April 4, 2014, the Pennsylvania Supreme Court did not reflect that any lawyer with the O'Boyle Law Firm actively practiced in the state? Did you ever check to see as of April 4, 2014, whether or not your son or any lawyer from the O'Boyle Law Firm was registered with the Supreme Court as activity practicing in Pennsylvania? A. I did not -- did not check his -- no. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 287 Q. Are you aware that after April 4, your son reflected with the Pennsylvania Supreme Court he practiced in Cambria County, Pennsylvania with an address of 1001 Broad Street, Johnstown, PA? A. What is your question? Q. Are you aware that as of May 29, 2014, well after the articles for the Florida O'Boyle firm were filed, that your son listed with the Pennsylvania Supreme Court -- indicated he practices in Cambria County, Pennsylvania. Were you aware of that? A. I was not. Q. Are you aware of any address of 1001 Broad Street, Johnstown, PA? A. I am. Q. Do you have property there? A. I do. Q. Do you have an office there? A. I do. Q. Does your son have a -- does the O'Boyle Law Firm have an office there? A. I don't know what the name is there, but my son has an office there. Q. Is there any lease with the O'Boyle Law Firm at that address? A. Yes. My son and I have agreements between us, Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 288 that are my son -- I don't need written agreements. I trust him. Q. So there is no written lease with the O'Boyle Law Firm with regard to any space at that location? A. Nor with my wife. I don't make her sign a lease either. Q. So who was your lease with? With Jonathan O'Boyle? A. We never discussed that. Q. Well, it couldn't be with the corporation if it's all for the rental of real estate. A. Okay. Q. How long is this lease for? How long are you allowing him to stay there? A. I told you, the details we never worked that out. He is my son. It's my building. He is there, and that's where we are, and let's move on. Q. Does he have any residence in the vicinity of Cambria County, Pennsylvania? Does he have an apartment or a house that he resides in there? A. I don't know. Q. Does he work out of that location in Johnstown, PA? A. I don't know. Q. You don't know? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. I don't know. Page 289 Q. You have never spoken to him about that? A. I don't go over with him where he operates, who he dates, what kind of car he drives. I don't do that. You may do that with your daughter, but I don't do it with my son. Q. Okay. Well -- and so you don't know if he has any residence within five hours even of Johnstown, PA where he lives so he can practice law there, right? A. He has no residence, to my knowledge, in the world. So if that's helps you. Q. Well, do you have any residential properties in Pennsylvania that you have allowed him to live in? A. No, but not very far away in West Virginia. Q. How far in West Virginia? A. How far? Q. From the address in Cambria County. A. I don't know. I don't know. Plus we had property in Pittsburgh, so. Q. Residential property? A. Pardon? Q. A house or residential property? A. It can be used as a house, yes. 20 -miles away from our house in West Virginia. I don't know how far it is, but it's on the same identical road. Johnstown Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is just probably 30 -miles north west of Virginia. Page 290 But I don't ask Jonathan where he sleeps, what he does. He does it on his own. And I don't think it's any of your damn business where he sleeps. Q. Well, it is my business whether or not he's defrauding the courts of this state as member of a bar where he's attempting to become a member of the bar. It's very much my duty, sir. So have you given your son permission to live in any abode in the vicinity of Cambria County? A. I'm not going to answer any questions about where my son lives. Q. Are you aware of whether or not your son has resided at any point, has ever slept anywhere in the vicinity of Cambria County during the year 2014 to date? A. I'm not going to answer anymore questions about where my son sleeps. Q. And in Paragraph 7 we allege that as discussed below, just two months after the O'Boyle Law Firm was created as a Pennsylvania Professional Corporation in November 2013, Jonathan R. O'Boyle moved to appear pro hac vice in Florida state and federal cases. On January 23, 2014, Jonathan R. O'Boyle filed a sworn verified motion for admission to appear pro hac vice in the case of Christopher F. O'Hare V Town of Gulf Stream Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 291 and William H. Thrasher, Jr., and I list the case pending before Meenu Sasser. Did you do anything to determine if that paragraph was correct? A. I didn't know the paragraph existed. Q. Well, didn't you read the motion that you said was shit? A. Yeah. But that paragraph was really shitty, so I didn't want to read it. Q. Paragraph 8 says that your son filed a sworn verified motion in the case before Judge Sasser. Did you look to see whether that was true or not? ►• Q. Do you believe there is anything untrue about Paragraph 8? A. No way I would know. Q. You didn't look at Exhibit E? A. I did not look at Exhibit E. Q. Nine. "In said motion, Mr. O'Boyle swore in Paragraph 2 that he is a member of the O'Boyle Law Firm with offices at 2146 East Huntington Street, Philadelphia, Pennsylvania." Then it says, "This representation contradicts both his Pennsylvania Supreme Court listing that he is Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 292 either, (1) an out of state lawyer who can be reached at his father's home in Florida; or (2), a lawyer practicing at his 1001 Broad Street, Johnstown, PA; and contradicts the O'Boyle Law Firm PC filing with the Pennsylvania Department of State reflecting a business address in Johnstown, not Philadelphia. MR. SMITH: Object to form. BY MR. SWEETAPPLE: Q. Did you read Paragraph 9 to see whether or not it was correct or incorrect? A. I don't know whether I did or I didn't. But I can't say it's correct. Q. And you can't say it's incorrect? A. Pardon? Q. And you can't say it's incorrect either, can you? A. I could say that I'm not familiar with it. I don't know. Q. And you didn't look at Exhibits B, C or D when you read the motion, right? A. I did not look at your exhibits. MR. DESOUZA: Bob, is there anyway to speed this up instead of going paragraph by paragraph? You want to put it in front him and say with respect to paragraphs 1 through 35 of my motion, Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 can you confirm any of these things are true? MR. SWEETAPPLE: I don't think so, unfortunately. MR. DESOUZA: In that case I'm going to start instructing him not to answer pretty soon. I can see where this is going, and this is just not fruitful. And you can take it up with the judge if you want to, but I'd rather not be here until 8:00 o'clock. MR. SWEETAPPLE: What time is it now, 5:30? MR. DESOUZA: It is 5:30. MR. SWEETAPPLE: So if you want to -- whenever everybody wants to suspend, we'll suspend. I'm going to be taking Mr. O'Boyle in at least a dozen of his cases, and then there are a number of CAFI cases, and some O'Hare cases that I'm going to be deposing him in. So there is no urgency in finishing this until 10:00 o'clock at night. I'll stay here until midnight, or I'll suspend now. But before I suspend, I do want to know Mr. O'Boyle's schedule, because as I put on the record, Mr. Taylor stated to Judge Blanc that Mr. O'Boyle was with his grandchildren for two weeks. Mr. Smith was there. And I, as an accommodation, agreed to today's date, Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 293 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 294 September 15th, only to learn that Mr. O'Boyle has been spending his time at city hall or town hall in Gulf Stream rather than his grandchildren. So Mr. O'Boyle, before I suspend the deposition, what is your pleasure -- THE WITNESS: If I may respond to that? MR. SWEETAPPLE: Sure. MR. DESOUZA: You don't have to respond. MR. SMITH: Don't. MR. DESOUZA: There's not a question. You don't need to respond. MR. SWEETAPPLE: Can you -- MR. DESOUZA: Let's go over his schedule and figure it out. BY MR. SWEETAPPLE: Q. Were you in New Jersey during the last two weeks, Mr. O'Boyle? A. I lose track of time. I was in New Jersey for a week on a Wednesday, and then I came home on a Wednesday night because our home flooded. Q. And then you went to town hall for -- A. On Thursday I met with our engineer. We resolved the problem. And I don't know if I went to town hall on Friday, the following week. I don't know. Q. You went with the videographer to film Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 295 Mr. Thrasher's face. A. That could be. But Nick has not represented to -- Nick has represented nothing. I told him I was gone for two weeks. My intentions were to go for two weeks and, unfortunately, it didn't work out that way. And I wish I would have been gone for two weeks. I would have liked to spend more time up there. Q. And what is your schedule for the rest of September and October? Do you have any plans to be out of the state? A. Yes. Q. What period of time do you plan on being out of the state? A. I'm going to likely leave tomorrow, and I'll be back around the 23rd or 24th of October. Q. You're going to be gone for approximately a month? A. Yeah. Q. Where are you going to be? A. In West Virginia. Q. And it's your testimony you have no intention of being here for a month? A. That's correct. Q. What is it you have to do in West Virginia for a month? Because you have 12 cases here that we need to Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 296 attend to, some of which you've asked for immediate hearings in. So I'm going to have to compel the court to have you appear at those cases. A. That's fine. You do what you want. Q. What is it you have to do in West Virginia for a month that is more important than the cases that you've demanded immediate hearings on? A. I can answer you. My wife is up in New Jersey, and I would like to spend some time with her because we got cut off a week short. My birthday is October the 12th, and every year we go to West Virginia for my birthday. And we usually get there a week in advance, because there has to be preparation; buying food, you're buying -- so on and so forth. And then the following weekend is what they call Bridge Day. It's where they -- if anybody has gone whitewater rafting, the New River Bridge, they close it and they jump off it. They base jump off it. And that's the weekend after the weekend of the 12th. And then after that, we'll clean up the house and come home. Q. Well, you've filed a lawsuit against me and Mr. Morgan. We need to take your deposition in that case next week or the following week, so I'll be asking the court to compel that as well as the cases where Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 297 you've asked for expedited hearings. You're telling me you're just going for pleasure, and you have instituted considerable litigation that needs to be dealt with. These apparently are very important matters that you want to maintain. And I cannot accommodate anymore of your requests for vacations. You asked for two weeks. And I'm sure that you have people that can take care of leaks in your home. You didn't have to come home to address leaks, but we can take that up with the various judges, Mr. O'Boyle. MR. DESOUZA: There's no question. BY MR. SWEETAPPLE: Q. You're telling me you're not going to be here -- you're not going to be here until after October 23rd. That's your testimony. A. I think that's -- let's just think again. What day is the 12th? Is it Friday or Saturday? MS. O'CONNOR: Sunday. THE WITNESS: Sunday? Okay. So that would mean six days later is the 18th and then 19th, 20th, 21st, 22nd, 23rd. Yeah. MR. SWEETAPPLE: But you will have time to fly banners addressing myself and Mr. Morgan and police chiefs and other people, right? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 298 THE WITNESS: Yeah, not only that, we'll probably have circulars and we'll drop them out of three states. MR. SMITH: Marty, don't answer that. MR. SWEETAPPLE: So you'll have time for that, right? MR. SMITH: Marty, don't answer it. THE WITNESS: Don't be silly. Why don't you be nice for a change? MR. SWEETAPPLE: In terms of being silly, are you the one who -- whenever it is you want to suspend, just give me notice and I'll continue with the questioning or suspend. Tell me what time you want to go to. MR. DESOUZA: Let's take a five minute break and let's discuss it. We'll either suspend or go for a little longer. MR. SWEETAPPLE: I would like to go another 15 minutes to finish a couple of things up that I'm on. MR. DESOUZA: We'll take five and say -- THE VIDEOGRAPHER: The time is 5:38 p.m. We're going off the record. (At 5:38 p.m. a brief recess was taken.) THE VIDEOGRAPHER: The time is 5:46 pm. We're Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 299 on the record. MR. SWEETAPPLE: Yes. During the break, all counsel have agreed that we're going to suspend the deposition at this time. There's no way we can get through it all. And while I'm not agreeing to wait until October 23rd, I'll take that up with the court with regard to not only concluding this depo, but taking other depos in the other cases. MR. DESOUZA: Sure. MR. SWEETAPPLE: Thank you very much. MR. DESOUZA: Thank you, Bob. MR. SWEETAPPLE: I will take a copy, and I'll need the exhibits. THE VIDEOGRAPHER: The time is 5:47. We're going off the record. (Discussion held off the record.) MR. SWEETAPPLE: I will put on the record whether or not he wants to read that portion, because I am ordering it. MR. DESOUZA: Let's go back on. I want him to read. We will take a copy as well. (At 5:47 p.m.: m. the deposition was adjourned.) (End of Volume II.) Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE STATE OF FLORIDA) COUNTY OF PALM BEACH) Page 300 I, the undersigned authority, certify that the aforementioned witness personally appeared before me and was duly sworn. Dated this 29th day of September, 2014. �Vaw % 1 Debra Duran - Bornstein, RPR, CLR Notary Public - State of Florida My Commission Expires: 8/20/15 My Commission No.: EE 112218 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 301 C E R T I F I C A T E THE STATE OF FLORIDA) COUNTY OF PALM BEACH) I, Debra Duran - Bornstein, Registered Professional Reporter and Notary Public in and for the State of Florida at large, do hereby certify that I was authorized to and did report said deposition in stenotype; and that the foregoing pages are a true and correct transcription of my shorthand notes of said deposition. I further certify that said deposition was taken at the time and place hereinabove set forth and that the taking of said deposition was commenced and completed as hereinabove set out. I further certify that I am not attorney or counsel of any of the parties, nor am I a relative or employee of any attorney or counsel of party connected with the action, nor am I financially interested in the action. The foregoing certification of this transcript does not apply to any reproduction of the same by any means unless under the direct control and /or direction of the certifying reporter. Dated this 29th day of September, 2014. EmMox- Debra Duran - Bornstein, RPR, CLR Notary Public - State of Florida My Commission Expires: 6/20/15 My Commission No.: EE 112218 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 September 30, 2014 NICK TAYLOR, ESQUIRE THE O'BOYLE LAW FIRM, P.C., INC. 1286 West Newport Center Drive Deerfield Beach, Florida 33442 In Re: Martin O'Boyle Vs. Town of Gulf Stream Deposition of: Martin O'Boyle The referenced transcript has been completed and awaits reading and signing. Please have your client review your copy of the transcript at your convenience or if a copy was not ordered, to call our office at the below - listed number to schedule an appointment between the hours of 9:00 a.m. and 3:30 p.m., Monday through Friday to make an appointment to come to our office and read the deposition. If desired, your client may also opt to waive signature. If so, please have your client sign their name at the bottom and mail to our office to be attached to the original transcript. If the transcript is not reviewed and signed within 30 days, the original, which has already been sent to the ordering attorney, may be filed with the Clerk of the Court. Very truly yours, Debra Duran & Associates 224 Datura Street, Suite 402 West Palm Beach, Florida 33401 PH: 561) 313 -8000 I hereby waive my signature: MARTIN E. O'BOYLE Cc: All Counsel Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 302 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 303 C E R T I F I C A T E THE STATE OF FLORIDA) COUNTY OF PALM BEACH) I hereby certify that I have read the foregoing deposition by me given, and that the statements contained herein are true and correct to the best of my knowledge and belief, with the exception of any corrections or notations made on the errata sheet, if one was executed. Dated this day of 2014. MARTIN E. O'BOYLE Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 304 E R R A T A S H E E T IN RE: O'BOYLE V TOWN OF GULF STREAM C.R. DD DEPOSITION OF: MARTIN E. O'BOYLE TAKEN: 9 -15 -2014 DO NOT WRITE ON TRANSCRIPT - ENTER CHANGES HERE PAGE # LINE # CHANGE REASON Please forward the original signed errata sheet to this office so that copies may be distributed to all parties. Under penalty of perjury, I declare that I have read my deposition and that it is true and correct subject to any changes in form or substance entered here. DATE: SIGNATURE OF DEPONENT: Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 $1,500 218:14 $1200 218:17 $3800 218:19 (1) 292:1 (2) 292:2 1 1 198:2215:18 278:19 292:25 10 166:25 167:19 185:20 100 199:10 100 -page 209:18, 20,21 1001 278:10 287:4, 12 292:3 10:00 293:19 11 187:9 11:05 219:12 12 167:24 189:19 207:5 295:25 1280 176:13,17,25 181:14 188:18 192:10 196:23 1286 192:20 193:5, 14,17 12th 296:11,20 297:18 13 190:12 14 193:24 194:1,3,8 195:2 198:17 15 166:21 194:1,5,8 195:4 215:24 270:14 298:18 157 221:10 243:11, 13 15th 294:1 16 207:3 214:8,9, 251:10 257:1 16th 214:8 215:24 217:3 17 167:20 17th 169:16 18th 297:21 19 217:12241:21, 23 19th 297:21 2 2 279:1,23,24 291:21 20 188:12,14,16 20 -miles 289:23 2011 184:25 2013 278:7 282:16, 19 283:1,5,9,23 284:4 290:21 2014 167:20 181:24 201:7 258:24 284:7,11 286:7,18,21287:6 290:15,23 20th 297:22 211 207:5 2146 279:6 280:8, 18 281:13,18,23 282:7 283:15 291:22 21st 297:22 22nd 197:8 297:22 23 176:15284:9 285:24 290:23 23rd 295:15 297:16,22 299:6 24th 295:15 25 179:6 206:7,20, 23 25,000 166:21 26 214:15 218:21 27 218:1 27th 174:20 217:25 28 212:22 214:25 215:6 29 287:6 2:00 222:16 2:36 160:3 2nd 200:16201:7 3 3 201:20 252:12 279:22 30 -miles 290:1 33432 193:18 33483 176:16 34 277:14 35 292:25 4 4 201:20281:21 284:7,11286:7,18, 21287:1 4,000 252:12 4/28 206:6 4/2812014 181:24 205:16 40 190:15,18 45 249:20 252:12 4:20 245:11,13 4:36 245:14 4th 237:12 238:15 240:22 242:4 245:18 282:5 5 5 284:6 286:17 50 252:12 50,000 252:12 561 203:2 284:11 5:30 293:10,11 5:38 298:22,24 5:46 298:25 5:47 299:14,22 5th 197:2 251:13 6 6 167:1 199:6 257:21258:17,22 6/2 213:1 6/21/2006 176:12 6th 161:3 254:22 7 7 176:7 180:16,20 290:18 8 8 180:11,12 291:10, 16 888 -830 -3769 193:19 8:00 293:9 9 9 184:14216:1 292:9 A a.m. 219:12 abandoned 275:25 abode 290:9 abruptly 237:1 absolutely 162:7 214:5 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: $1,500-address accept 270:24 274:15,17,19 accepted 274:20 access 200:20,23 201:5 215:19 accessed 200:25 accommodate 297:6 accommodation 293:25 accountant 178:17 189:16 accountant's 191:12 accountants 191:5,7,10,22 accountants' 191:14 accurate 198:25 accused 164:7 acknowledged 227:16,17,19 acquire 258:11 Acquisition 189:18,23 Act 167:23 218:11 action 266:16 actions 171:24 actively 168:2 186:15 192:2 284:13 286:8,19 activities 167:9 211:12 224:5 230:4 244:8 activity 223:24 229:11,12,14 264:4 286:24 actual 218:22 219:6 236:5 addition 262:25 address 175:6,7 176:17 181:1,5,7, 12 189:2 192:10 193:17 196:20 247:1278:10,11 279:4,5 280:7,8,20, 22 281:14,18,23 282:6,12 283:8,15, 16 284:8 285:24 287:4,12,24 289:17 292:6 297:10 addressing 297:24 adjourned 299:23 administration 198:9 admission 290:24 admit 256:4 advance 250:24 296:13 adverse 276:23 277:13 advice 264:19,24 advise 224:10 advised 198:18 285:23 affiliate 263:19 affirmative 275:21 aforementioned 219:8 agencies 216:4 agent 175:25 176:14 187:16 190:19 193:13,25 259:1260:10,13,21 261:2,10 agree 170:8 210:5 236:7 agreed 171:9 210:6 293:25 299:3 agreeing 299:5 agreement 209:10,12,16,17 210:8,10 238:19 239:6 240:9,10,12 agreements 170:7 207:8,16 212:19 287:25 288:1 ahead 236:24 249:16 279:14 284:25 air 236:16 aircraft 177:12 airline 175:15 176:11 177:8 178:4 179:14 252:3 airport 183:7 akin 224:15 alia 270:17 allegation 286:17 allegations 278:4 279:24 284:16 allege 163:10 290:18 alleged 167:22 170:9 172:22 278:20 allegedly 179:7 235:4 alleges 161:11 198:23 alleging 172:23 269:16 allowed 232:2,5 289:13 allowing 288:14 alternative 275:15 ambiguous 223:8 amend 217:21 amended 275:21 Amendment 262:11263:4,5 264:14 266:8,15,17 267:3,9,10 amount 217:6 amounts 217:5 anger 254:24 255:9,11,14 animosity 235:23 announcement 283:3 annoyed 268:3 answering 174:24 175:2 196:25 204:7 207:11 217:24 218:3 219:18 268:19 answers 244:19 anymore 175:5 179:12 196:25 290:16 297:6 apartment 288:19 apparently 198:22 257:8 276:18 297:5 appeal 182:19,22 appears 171:22 202:4 258:3 apple 171:23 259:22 261:14 263:23 Apple's 266:21 272:10 application 260:24 appointed 179:7 approached 270:19 appropriately 275:19 approval 172:21 274:5,7 approve 160:16, 195:19 219:4,9 approved 171:11, 14 174:3 approximately 169:14,24 295:16 April 198:2,8,17 284:7,11286:7,17, 21287:1 area 254:15,19 284:11 areas 270:21 argued 219:24 argument 236:6 argumentative 204:8 205:14 206:25 207:24 219:21235:18,19 236:1284:22 286:13 argumentive 205:7 arranged 251:21 arrangement 218:24 articles 259:23 287:7 ashamed 235:17 assertion 231:18 assertions 279:19 Asset 190:9 assigning 198:18 assist 216:2 associate 265:1 267:14 associating 271:11 association 267:15 assume 194:9 assuming 242:5 assure 217:2 attached 285:5 attacked 225:19 226:1,15 attempting 290:7 attend 296:1 attorney 218:13 220:11221:5 235:23 259:2,3,4 264:24 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: addressing -awful attorney's 165:17 attorney - client 197:13 attorney /business 179:4 attorneys 167:1 201:2 attorneys' 212:2 217:6 230:22 attractive 274:11 audits 216:3 Augmentive 235:10 August 161:2 authority 213:2 223:1239:2 authorize 219:3 Aviation 180:4,22 181:10 aware 160:21,25 161:3,6,13 162:12, 18,20 163:24 165:12,21 192:7 198:2,7,17 202:25 203:4,6,9 205:12, 16,20,23 206:9,22 207:3,7,15 208:6 212:22 213:1,5 219:17253:15 282:6,12 283:22 284:18 285:23 286:2,6,12 287:1,6, 10,12 290:13 Awareness 160:7, 25 161:8,20,24 162:9 163:12,15, 17,21 164:9 165:7, 16 166:12,24 167:1,10 168:7 169:8 170:16 171:17,20 172:2,5 193:16,25 196:19, 22 197:1,10,16 206:8 213:18 217:8 awful 252:13 B B- o- e- c -k-e -r 233:16 back 160:4164:5,6 166:2,15 170:23 180:6 194:20,21 200:3 208:23 209:5,8 215:1 220:23 224:2 225:24 233:25 234:4 242:22 244:16 245:15 277:3 278:4 295:15 299:20 backup 285:8 bad 230:7 243:6 268:5 bag 164:23 200:6, 12 215:15 bank 206:10273:3 bankrupt 202:2 bankruptcy 206:11,14 banner 183:1 251:13,16,18,21 252:8 253:6,14,22, 25 254:9 banners 182:14,17 183:10,15 254:3 255:13 297:24 bar 231:19,20 284:19 285:2,24 286:3 290:6,7 base 296:19 based 224:22 249:24 basis 162:25 197:22,24 202:14 243:7 bathroom 274:9 Beach 182:18 187:24 193:18 224:17,19 225:1 253:15 267:6 279:4 280:7 bed 229:22 230:1,3 256:7 begin 225:4 258:12 behalf 170:2 172:16 beliefs 211:6 believed 217:3 beneficial 245:4 big 186:17,19 229:3 Bill 201:1217:13 222:25 238:6,8,23 240:1,25 241:1 242:22,23 billed 219:6 billings 252:17 bills 251:17 252:6, 9,11,15,24 253:10 254:15 birthday 296:11, 12 bit 242:23 263:25 271:19 bite 171:23 Blanc 293:23 board 174:21 198:10 Bob 171:19208:2 216:13 228:1 233:9 236:4 245:2 256:10 277:17 292:22 299:11 Boecker 233:16,18 book 181:16 Boy 202:1 brain 225:5 236:21 brainchild 225:8 226:5 245:23 breach 238:22 239:6 breached 161:12 238:19,20,21 240:8,10 break 168:12 187:6 208:17 245:3,6 261:19,24 298:15 299:2 Breakers 253:20 254:1 breaking 262:1 Brenda 169:6 174:22 178:20,21 179:4 183:17,18,19 184:4 217:19 Brenda's 183:22, 24 184:1 Bridge 296:17,18 bring 160:10164:5 173:6,8 174:12 185:3 225:15 226:9,13 238:6 263:3 265:24 266:2 bringing 173:3 216:9 250:22 Broad 278:10 287:4,12 292:3 Brucker 267:7 brought 238:10 262:24 Broward 202:9121 204:4 building 174:25 188:20,24 196:23 207:19 238:4,5 267:6 288:16 buildings 188:22 bully 173:13 bunch 164:4 business 189:8 190:18 192:15 203:1210:22 211:9 217:4 267:16 283:7 290:4, 292:5 businesses 193:2,7 267:15 businessman 211:2 Index: B- o- e- c- k- e- r- Chandler's buyer's 243:18 buying 296:14 C cabs 241:8 CAFI 172:18,20, 23 174:4,5,20,23, 25 175:3,8,9 178:22,23 179:2,7 183:18,24 184:4,7, 9 186:6,7,8 191:22 192:19 193:9 198:10,24 199:3,9, 14 200:3 206:21 207:7,9,16 208:1,4, 8,10,13,18,20,23 209:15 210:7,8,22 211:9,13 212:8,19 213:7,9,22 214:16 215:3,216:9 217:13,14 218:2,4 219:19 293:15 CAFFS 175:6 209:19 218:9 call 164:25 165:6, 8,9 167:12 200:9 203:7 204:11 215:17 218:25 243:5 248:19 272:10 296:17 called 164:22 165:1,4,23 166:2 200:8 202:9 204:3 215:14 220:1,21 227:7 235:14 243:11 266:21 268:6 273:1,2,16, 18 276:22 278:6 Cambria 2873,9 288:19 289:17 290:10,15 cancer 221:3 car 289:4 card 169:5,283:7 care 181:1277:17 297:8 carefully 255:19, 22 256:11 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 case 163:11 172:15,18 173:2 176:3 182:18,22 198:19 218:7,17,19 227:6 228:23 290:25 291:1,11 293:4 296:24 cases 197:9198:5, 11200:4,24 201:1, 2,3 205:11206:7 207:5 208:10,14,18 212:23 213:2 215:8,9 220:15 227:6 228:18,20 235:5 246:15 248:11275:22 284:3 290:22 293:15,16 295:25 296:3,6,25 299:8 Cathleen 217:14 caused 161:21 cell 203:1,2,6 Center 176:14,17, 25 181:14 188:18 190:10 192:11,20 193:5,15,17 196:24 certifying 215:1 CG 189:18,23 chance 167:5 231:10 Chandler 160:18 161:1,9,11 162:5 164:3,11,23 165:4, 6,12 166:4,12 167:20 168:3,6,14 169:15,18,20,25 170:7,9,23 171:9 174:11,16,18 197:2 198:3,11,18,23 199:4,13 200:2,5, 17,18 201:6 205:10,17 206:1, 13,19 207:4 212:23 213:5,23 214:1,4, 16,25 215:12 216:2,7,9 217:2,17, 25 219:13 241:22 Chandler's 162:20 167:25 172:20 change 193:12,23, 25 298:9 changed 169:22 170:23 character 195:19 256:18 charge 270:23 check 251.•17 252:6,9,15,23 254:14 282:2 286:21,25 checked 222:25 checks 209:25 chiefs 297:25 child 225:5 children 227:22, 23 228:10,15 244:1,2 280:22 Christopher 290:25 chronicled 167:15 chronology 241:6 chucked 274:23 275:2 Circuit 161:2 circulars 298:2 Citizens 160:7,25 161:8,20,24 162:9 163:12,14,17,21 164:9 165:7,15 166:12,24 167:1,9 168:6 169:8 170:16 171:17,20 172:2,4 193:16,25 196:19,22 197:1,9, 16 206:8 213:18 217:8 city 202:2 221:18 294:2 claim 167:2 221:12 claims 161:12 168:15 173:3 221:14 clarity 199:6 clean 296:21 clear 216:13 222:22 223:9 227:2,9,15 229:1, 237:2 248:22 249:1262:2 277:25 278:1 client 224:12256:7 clients 251.17 252:6,9,16,19,20, 21,23 253:3,10 254:14 close 296:18 closer 264:1 closings 205:7 clue 270:18 co- counsel 220:1 256:24 code 284:11 coinciding 167:25 collects 208:9 combination 262:8 Commerce 175:7, 10 176:18 181:1,4 187:8 188:9 191:24 192:5,14,17 217:15,19 commission 239:3 committed 206:10,14 common 209:13 210:12 communicated 168:3 220:20 communication 217:23 219:17 224:6 communications 165:13 167:14 170:3 214:6 223:25 companies 169:4 1912,4 company 166:23 175:24 177:14 179:19,22 181:16 182:2 183:11,13 186:15,16,17,18 189:8,18,23 190:24 191:25 192:2 252.3 258:11,18,21 259:23 262:5,23 270:19 272:20,25 compel 296:2,25 complained 205:9,17,25 206:1 207:4 complaint 161:14, 15,18,21 166:25 232:19,21 233:1,5 complaints 214:16,23 215:2 complies 266:16 compound 194:25 computer 215:20 concern 271:4 concerned 285:15 concerns 257:11 concluding 299:7 conclusion 262:12 condition 218:12 246:3 247:2 conditions 247:5 conduct 281:9 conducting 216:3 conference 242:21 243:3 248:19 256:8 confirm 219:10,14 293:1 confront 266:13 confused 224:25 conjunction 264:15 connection 161:25 279:12 consent 205:12,20 213:8 considerable 297:3 consideration 267:4 constitution 262:11264:2 contact 273:4 274:20 275:1 279:13 286:4 contacted 218:7 272:21273:15 context 228:13 234:18 continually 197:18 continue 298:12 CONTINUED 160:1 contractor 217:16 contractors 208:19 contradicts 291:24 292:4 contrary 256:15 contribution 210:3,19 control 175:1,4 210:16 252:11 262:22 conversation 218:6,15,23 219:14 220:8 235:2 conversations 171:8 216:14,23 261:5 converse 241:10 cooperation 279:4 copied 217:12 copies 180:14 270:3 copy 180:5194:10 200:16 257:7 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: change-create 268:1,6,7,14,18,25 270:8 299:12,21 corporate 178:14 181:13,16 189:3 192:12 corporation 180:23 189:24 197:17 273:2 279:5 280:6,7,11 288:10 290:20 corporations 176:11 193:14 279:2 280:5 282:1 correct 164:12 174:13,22 175:20 187:16 193:8,10,11 202:22,23 205:12 247:3 261:12 284:16 291:4 292:10,12 295:23 costs 165:17 212:2 218:17 counsel 171:11,14 198:3 220:5,14 231:12264:17 276:23 299:3 counterclaim 172:3,12 275:21 County 182:18 187:24 202:9,21 204:4 253:15 287:3,10 288:19 289:17 290:10,15 couple 227:13 230:17 298:19 court 231:3 256:1 284:12 286:6,11, 18,23 287:2,9 291:25 296:2,25 299:7 Courthouse 182:18 courts 290:6 cover 180:15,18 Craft 270:14 crazy 234:20 create 218:21 253:5 created 278:7 290:20 credibility 240:15, 16,17,18 credit 169:5,6 criminal 235:14 CRO 180:4,22 181:10 cronies 268:4 crook 216:7,11,12 cross - examine 277:12 crossed 225:19 226:2,16,21,23 crowd 252:11 crying 229:22 230:1,4 current 189:7 cut 197:4296:10 FBI daddy 229:3 damage 225:20 226:24 damn 290:4 data 200:23 215:20 date 164:20176:12 181:24 251:13 290:15 293:25 dates 289:4 daughter 244:3,5, 8 280:25 281:5,12, 16 289:5 daughter's 182:18,22 244:24 daughters 230:22 day 165:2168:7,19 195:20 200:10 220:24 251:19 253:14 254:22 296:17 297:18 days 251:7 258:17 297:21 De 162:10,24 170:19 174:21 179:5 197:9 198:8 200:4,17 206:6,12, 23 207:4 212:22 214:12,15,25 215:11216:1 217:12 260:3,7 deal 185:2 191:5,6, 10 195:18 268:8 270:12 272:13 dealt 165:11 275:19 297:4 debate 256:9 debtor 208:20 December 161:3 282:16,19 283:4 decide 172:11 197:24, 255:25 256:6 274:15,17 decided 221:6 264:20 274:19 275:25 decision 258:11 Deerfield 193:17 267:6 279:4 280:7 defamation 232:18 defamatory 264:3 265:1 defame 267:14 defamed 232:12, 13,17,18,20 defendant 218:7, 21,25 219:2 defendant's 176:7 180:12 184:14 185:20 187:9 189:19 190:12 194:3,5 199:6 251:10 defendants 164:9 165:15 defense 275:21 defrauding 290:6 delayed 195:18 deleted 198:24 Delio 217:15 deliver 257:24 delivered 258:3,5, 6 demand 166:4 218:19,20 219:4,5, 8 demanded 164:11 206:6,212:23 296:7 demands 219:10 250:4,8 denied 213:1 Denise 174:21 201:4 214:24 215:18 Department 176:10 192:8 278:9 279:2 280:4, 10 281:25 292:5 depends 215:13 depo 277:1299:7 depos 299:8 depose 277:13 deposing 293:17 deposition 172:6 269:13,14 270:6 276:20 294:5 296:23 299:4,22 describing 237:14 designated 174:21 designed 265:5 desire 168:1 239:25 DESOUZA 162:14,16 163:5 164:14 165:18 168:9 171:4,19 172:7 175:21 176:1 177:6 178:10 179:8 180:5,8,17 188:6 192:25 194:9,13, 17,24 196:17 197:11 198:13 199:1,5,8 201:19 202:12 204:6,17,25 205:3,6 207:20,23 208:2,15 212:11 213:10 216:13,18 220:4,7 221:21 228:1,7 232:9,14, 25 233:9 235:7,11, 19,25 236:3,5 240:2 241:9 244:15,19 245:3,10 250:5 253:11 254:17 255:3,21 256:10,22 257:3,6, 13,17,21261:3 262:16 264:6 266:22,24 270:10 271:24 272:16,18 273:9 275:17 276:4,10,18 277:3, 14,17,23 282:9 283:10 284:24 285:9 286:10 292:22 293:4,11 294:8,10,13 297:12 298:15,21299:9, 1 1,20 detail 209:18 detailed 255:22 256:11 details 255:19 288:15 detective 244:5 determine 279:23 284:15 286:16 291:3 determined 171:2 developed 274:6 developer 273:12 difficulty 195:18 digress 242:19 dinner 242:20 dire 218:11 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: created- dismissed direct 170:22 196:14 213:20 254:2 258:21 directed 185:25 219:7 directly 196:5 222:19,23 223:16 241:18 267:13 director 178:23 183:18 184:4 187:18,21 190:20 206:21 directors 178:22, 24 dirty 184:17 187:23 188:5 252:18 271.9,12,16 discharge 276:9 discovery 171:24 172:10,24 173:15 discretion 221:11 discriminate 249:10 264:8 272:3 discriminated 249:22 discrimination 249:12 discuss 248:7 265:14 298:16 discussed 174:11 218:7 260:25 261:6 288:9 290:18 discussion 220:25 223:23 236:14 241:7 256:6 299:16 discussions 169:14,17,24 219:1,3 224:4,23 230:18 dismiss 254:25 dismissed 221:12, 13 285:18 dispute 225:16 226:9,13 279:19 disqualified 276:2 disqualify 219:24 245:8 275:14 disqualifying 254:25 disseminate 201:5 disseminated 269:17,20,23 271:15,17 district 167:22 Division 176:11 279:2 280:5,11 281:25 document 190:22 201:16 210:2 269:6 documentation 215:23 documents 178:9 188:4 198:20 217:22 278:15 dollars 229:7,8 274:3 275:1 door 193:6 dozen 293:14 DPT 187:20192:7 drafted 205:11 221:6 drafting 205:18 drink 253:23 254:9,23 drive 176:14,15, 17,25 181:15 188:19 190:10 192:11,20 193:5, 15,17 196:24 253:23 254:9,23 284:9 285:25 driver's 203:16 drives 289:4 drop 298:2 dropping 225:4 ducks 173:8 DUI 244:25 DUIS 244:13 duties 171:11 duty 161:12290:8 DX15 194:14 LEI e -mail 164:11,23 165:22 166:5,8 167:12 200:15 201:13 213:16 218:5 219:11,13 223:6 241:21 271.•2 e- mailed 270:14 e -mails 163:20,24 164:1,2 198:24 216:15,19,20,21,22 273:21 earlier 200:6 232:12 earned 164:10 earning 209:2 East 279:6 280:8, 18 281:13,18,23 282:7 283:15 291:22 editorializing 276:14,18 educate 161:25 Educating 186:22 effective 164:24 effort 271:9 efforts 263:20 264:21 electronic 216:3 electronically 258:6 Elmore 238:11,24 240:14 employ 241:18 employed 241:13 employee 217:15, 19 218:2 employment 168:4 170:13 encountered 171:10 encourage 266:19 encrypt 215:22 end 234:22 236:13, 22 262:1299:24 ended 237:1 261:21 ends 197:18 engage 204:17 engaged 189:8 190:5 244:8,9 engagement 207:16 212:19 engages 210:22 engaging 204:21 engineer 294:22 Enhancement 190:9 enraged 285:7 entered 169:15,25 entire 198:10 entities 181:12 184:1 196:7,8,13 208:19 209:14 241:18 entitled 172:7 212:9 256:3 271:10 entity 160:14,17 163:13 168:6,14 170:17,20 171.•3 174:12 175:1,3,15, 17 176:21,22,25 177:5 178:7,16 181:6 182:12 184:18 185:1,8 1862,9,11 187:2 190:11,14 196:23 208:7,10,12 210:16 212:15 267:16 enumerated 276:7 enumeration 212:5 estate 273:12,13 288:11 ethical 256:17 ethics 279:11 event 243:24 246:23 247:16 evidence 245:9 evidentiary 275:16 excerpts 256:13 exchanged 164:2 Excuse 172:12 223:7 263:2 exercise 217:4 exhibit 167:1 176:5, 180:7,12 184:14 185:20 187:9 189:19 190:12 194:3,5 199:6 251:10 257:1291:18,19 exhibits 180:9 193:21285:5 292:19,21299:13 existed 291:5 existence 184:25 188:14 216:22 exists 160:10 expect 208:23 244:9 268:20,22,24 expectation 211:9 expected 249:9 expedited 297:1 expenses 169:1 218:22 219:6 experience 167:25 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: dispute - family 277:15 expert 215:21 explain 230:16 explained 218:11 243:6 expressed 218:8, 23 expressions 243:19 extensive 167:25 extent 162:2 182:25 212:13 224:10 235:2 extra 257:6 eyes 247:16 F F -1 191:18 face 221:4 262:25 295:1 facetious 276:15 facial 243:19 facilities 274:10 fact 162:21,23 163:9 165:11 166:4 174:16,17 205:5,9 224:22 238:6 258:17 261:1 270:8 279:17 281:13 facts 172:4 221:18 278:20,24 factual 243:7 failure 218:9 false 279:25 280:15 familiar 180:4 184:18,20 191:25 248:8 292:17 family 225:15,19 226:2,9,13,16,18, 19 fantasy 237:17,19 father 284:9 father's 292:2 fax 213:16 258:6 faxed 258:9 February 167:20 169:16 197:2 federal 231:3,21 256:24 290:22 fee 207:8,15 212:18 feed 235:5 feel 173:9 270:15 fees 164:10 165:17 212:2 217:6 218:17,22 219:6 fellow 195:16 felt 225:14,15 226:8,12 fiduciary 161:12 figure 247:22 269:15 294:14 file 243:10 284:19 filed 161:1,4,6,21 163:9 167:20 170:15 171:18 176:12 181:24 185:9,11,14,15 187:23 200:4 201:25 205:11 206:24 212:14 213:21215:2 225:5 233:23 243:20 257:10 259:22 260:19 275:23 287:8 290:23 291:10 296:22 files 189:6,10 200:20 filing 172:22 173:14 181:22 185:5 186:21 201:18 211:19,25 280:11,12 282:2 292:4 filings 281:25 filled 162:3 film 294:25 financial 218:12 financially 267:19 find 172:10 209:4 233:6 263:5 268:7 275:3,277:4 fine 198:1 205:7 296:4 finish 298:19 finishing 293:18 fire 238:11,23 240:8,9 fired 238:7,9,16 239:9,10,11,14 240:1,5,13 firing 240:11 firm 160:23162:12 163:2 164:10 173:20 174:4,13 192:20,23 193:14 195:8,25 196:2,13, 20 197:3,10 198:11 202:10 203:24 204:2,4 206:8,24 207:8,17 208:9 211:20,22 212:20, 24 213:2, 217:3 218:16 219:6,16, 24,25 222:20,25 223:1,14 225:12 228:24 229:1 235:4,240:22 241:1,2,4,14,23 242:1,3 251:4 255:1267:5 275:15 276:1 278:6,7 279:3 280:5,12 281:14,22 282:7,14,19 283:12,16,20 284:13 286:8,19,23 287:7,20,23 288:4 290:19 291:21 292:4 firms 221:17 tistfight 234:15 Flack 217:15 flapping 198:21 floating 257:9,11 flooded 294:20 Florida 167:21 171:18 176:10,16 193:18 198:4,18 200:14 204:4,5,24 205:18 264:22 265:2 273:12 279:1,5 280:4,7,11 281:25 284:10 286:3,6,10 287:7 290:22 292:2 flow 197:4 flown 182:17 251:14,16,18 253:6,14 255:13 fly 183:10 253:22 254:3,6,19 297:23 Flynn 191:15,17 focus 263:25 food 296:14 foreign 279:3 280:6 forget 165:3 195:17 forgot 214:3 form 162:14,15 163:3 164:13,14 165:18,19 168:9 171:4 176:1 178:10 179:8 188:6 192:25 194:24 196:17 197:5,11 198:13 202:12 204:6 207:24 208:15 213:10 221:21 253:11 254:17 255:2 258:11,18,21 264:6 270:10 276:24 277:2,4,6 282:9 283:10 284:22 286:13 292:7 formal 178:9 246:6,9,12 format 201:4 formed 160:14 168:7 169:9 179:14 185:24 186:1,2,6,7,8 187:12 188:11,12 190:7 262:23 forming 174:11 forms 189:4,6 Fort 203:21 forthwith 258:13 fortune 239:14 forwarded 206:8 Foster 249:9 251:17 252:5,9,16, 20 253:3,9 254:14, 24 Foster's 252:11 found 216:12 foundation 160:8 161:1,8,21,24 162:9 163:12,18 165:7,16 166:13 167:2,10 168:7 169:8 170:12,16 171:12,15,18,21 172:2,5 193:16,25 196:19,22 197:16 206:9 211:13 213:18 217:9 235:5 fraud 206:10,11,14 free 171:23 184:5 210:17 217:4 Friday 294:24 297:18 friend 217:16 friends 273:5,6,7 front 160:22 257:17 267:6 292:24 fruitful 293:7 full 215:15 221:8 233:24 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: fantasy -give full -time 162:25 202:20,22 203:20 fully 173:18 fund 196:2,4,8,13 197:10 funded 208:4 (under 207:17,18, 25 funding 163:13 212:14 235:6 funds 168:23 208:7 funny 261:21,23 262:10,263:24 265:25 266:1 future 223:24 224:5,24 G gain 200:20 games 207:13 garbage 246:17 gave 176:18 180:20 221:10 223:1,14 240:24 251:8 general 245:20 generally 209:11 245:25 254:4 generate 162:11 163:1 generated 207:5 gentleman 173:7 geographic 254:15,19 George 238:11,24 240:14 Giovani 205:9,17, 22 girl 230:24 give 162:11 167:5, 16 180:15 208:10, 14 211:25 215:19 234:18 254:15 264:17 267:3 298:12 giving 210:13,15 232:4 256:21 276:25 glad 201:25 231:12 246:20 global 242:11 247:9 goal 240:5 250:9 goals 239:12,13 good 184:13189:7 221:24 222:4 223:10 252:13,14 272:13 Gordon 270:14,15 governance 181:14 189:3 192:12 government 168:1 171:10 184:17 185:2 187:23 188:5 governmental 208:19 GP 187:8 188:9 189:24 grandchildren 293:24 294:3 great 195:18 202:2 245:10 272:18 Group 175:7,10 176:18 181:2,4 187:8 188:9 191:24 192:5,14,17 guess 166:23 184:10 204:11 210:7 214:3 273:5 guessing 243:24 Gulf 172:17 176:15 213:7,8,17, 21236:11237:3,23 257:9,12,25 258:11,19 263:21 264:5,8,13,22 265:2 270:17,20,21 271:5 284:10 290:25 294:3 guy 168:25169:3 171:24 268:5 guys 266:10 H hac 290:22,24 hall 294:2,21,24 hamburger 259:11 hand 230:6258:5 handicap 249:10 handicapped 237:2 249:5,22,25 264:9 272:3 274:9 handle 178:15 198:19 284:3 handled 198:4 handles 178:16 183:15 189:3 hands 234:16,25 235:1 handsome 270:23 274:1 happened 164:18 173:2 243:22 247:14 248:15 249:18 251:1 happy 279:15,20 harassing 204:8, 19 Harbor 176:15 284:9 285:25 hard 241:9 hatred 235:23 He'll 201:17 hear 201:24 heard 206:4 248:16,17,19 276:24 hearing 275:16 hearings 296:2,7 297:1 heck 238:13 held 164:10 241:7 299:16 hell 272:4 helpful 200:22 helps 289:11 Hidden 176:15 284:9 285:25 hierarchy 271:7 high 252:13 263:11 high -end 273:13 highly 261:16 Highway 175:16 176:11 177:8 178:5 179:14 hint 271:21 hire 182:15,19 183:2 215:20 229:23 230:2,9 236:20 hired 168:8182:24 183:1,8 hiring 183:4 216:2 hold 200:11220:4 228:1234:16 235:25 257:3 home 174:17,18 202:22 284:8 285:24 292:2 294:19,20 296:21 297:9 honorable 202:17 hoping 186:16 horse 263:11 host 207:23 hotel 168:20,21 169:6 hour 249:20 hours 276:19,25 277:2,5 289:8 house 236:24 249:14,15,24 250:10 251:3,6 259:9,16 262:5 264:12,13,22 265:1 270:17 271:20,23 272:7,11,22 288:20 289:22,23,24 296:21 houses 236:12 237:24 250:13 258:11,12,19,22 259:5,22 261:15,17 263:20,23 264:21 270:20 271:6,12 human 235:1 hundreds 167:20 235:5 Huntington 279:6 280:8,18 281:14, 18,23 282:7 283:15 291:22 hurt 234:22263:16 husband's 233:19 I idea 171:7178:1 183:3 190:15 202:23 203:25 210:9 211:24 212:21214:17 221:20 222:4 230:7 234:11 260:8 identical 289:25 identification 176:8 180:13 184:15 185:21 187:10 189:20 190:13 194:4,6 251:11 identified 281:22 282:1,3 II 299:24 imagine 198:14 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: giving - insisted immediately 164:24 215:16 240:19 255:18 immigration 195:21 implementation 258:13 implication 253:2 implicitly 253:9 implying 252:16 important 296:6 297:5 impregnated 204:13 impressed 187:7 impression 253:6 improperly 269:17,18 in -house 191:7 including 164:8 167:15,21220:25 income 160:8 189:12 incorporated 174:20 190:15 incorrect 292:10, 13,15 incurred 165:16 217:7 indirectly 251:22, 23 267:14 individual 187:13 270:7 individuals 163:21 indulge 173:24 infancy 186:17 information 215:19 275:2,6,11 inquiries 279:12 insist 197:9 insisted 162:10 insistence 165:14 installation 253:19 instituted 297:3 instructed 218:13, is instructing 205:3 293:5 instructions 162:23,24 277:18 intend 217:13 253:5 258:12 intended 162:21 intending 186:18 intent 210:25 intention 270:16 271:6 295:21 intentions 295:4 inter 270:17 interest 176:24 182:13,15,20 interpretation 253:2 interruption 173:21243:12 interstate 219:25 intimidate 173:13 250:3,7 intimidation 272:23 investigate 278:14,16,20 279:8 investigators 229:24 230:2,5,9, 13 invite 266:15 involve 173:19 involved 160:13 165:7 167:9 170:17,19 175:16 181:13 1923 195:24 221:17 228:15 234:20 235:3,9 244:1,2 267:16 involvement 161:17 167:2 175:22 267:18 involving 165:14 issue 162:3 229:8 247:9 264:25 issued 186:9 issues 266:13 J January 168:18 174:10,20 290:23 Jersey 203:11,14, 16 273:3 284:4 294:16,18 296:9 JF 253:22 254:9,23 Joan 238:24239:1 Joanne 220:2 225:5 243:17 257:13 Joel 161:1,9 164:22 200:8,17,18 215:7,15,19 217:17 Joel's 167:12 John 238:10 Johnstown 278:11 287:4,13 288:23 289:8,25 292:3,6 join 241:4 Jonathan 195:22, 23 205:10,18 218:19 219:8 238:12 281:7,9,13, 17,22 288:7 290:2, 21,23 Jones 249:9 251:17 252:5,9,11, 16,19 253:2,9 254:14,24 Jr 259:2 291:1 judge 197:25 231:8,14,21256:6, 18 291:11293:7,23 judges 256:25 297:11 judgment 217:4 judicial 161:2 167:22 July 200:16201:7 jump 296:19 June 164:21 170:24 200:6,24 213:5,25 215:14 216:1,10217:3,12, 25 218:1237:12 238:15 240:22 241:21,23 242:4 245:18 251:13 254:22 257:21 258:17,22 270:14 282:5 junk 227:21 jury 253:8 Il Kevin 279:10 kid 239:23 kids 234:19,20 kind 202:18 219:5 242:11289:4 knew 211:19 215:4,10 216:11 221:2,3 267:15 276:12 knock 262:9,14,20 263:8,1 1,13,24 knowledge 172:20 175:12 185:17 196:21 197:17 205:12,19 209:13 210:12 213:8,19,22 216:14 223:3 241:15,17 273:13 284:17 286:1 289:10 Kraft's 271:18 L Ladony 238:12,24 240:16 lady 189:3 land 274:5 landscaper 236:15,18,20 249:6 250:25 landscapers 236:17 language 218:1 252:5 lap 239:22 Larmartini 162:10 170:19 174:22 179:5 197:9 198:8 200:4, 17 206:6,23 207:4 212:22 214:12,15, 25 215:11216:1 217:12 260:3,7 Larmartini's 162:24 206:12 lasted 249:20 late 165:2 Lauderdale 203:21 law 160:23 162:12 163:2 173:19 174:4,13 192:20,23 193:10,14 195:8,24 196:2,13,20 197:3, 10 198:9,11200:19 202:8,9,10,21 203:24 204:2,4,22 206:8,24 207:8,17 208:9 211:20,22 212:20,23 213:3 214:22 217:3 218:16 219:6,16,25 221:14,17 222:20, 25 223:1,14 224:12 228:24 232:1,3,10 235:4 240:21 241:1,2,4,13 242:1, 3 244:11,12 251:4 255:1267:5 269:6 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: insistence -leaks 275:15,20 276:1,9 278:7 279:3 280:5, 12 281:9,14,17,22 282:7,14,18 283:12,16,19,20,23 284:13 286:8,19,23 287:19,23 288:4 289:9 290:19 291:21292:4 lawful 219:25 laws 167:23 244:10 lawsuit 161:1,3,6,7 163:9 167:19 170:15 171:22 174:2 175:16 187:24,25 198:22, 23 199:1201:18,19 257:10 270:12 296:22 lawsuits 162:11 163:1 164:9 165:15 167:21 168:15 171:17 185:15,16 186:21 201:22 205:18 206:23 211:20,23 213:20,21 245:25 247:23 275:22 lawyer 186:3 195:15 204:5 205:25 214:19,21 228:24 243:9 244:4 249:9 255:4 259:9 264:19 279:11284:13,20 286:7,19,22 292:1, 2 lawyers 173:9,11 196:15 267:7 283:19,22 lawyers' 196:4 laying 209:18 layout 263:22 lead 255:10 270:22 277:16 leading 276:22 277:8 leaks 297:9,10 learn 173:1271:18 277:22 294:1 learned 213:6 221:18 lease 189:1287:23 288:3,6,7,13 leased 193:4 leases 192:20 193:2 leave 180:5,7 238:4,5 249:8,16 259:19 295:14 leaving 240:19 left 164:23 195:8 200:6 215:15,16 legal 171:11,14 174:3 178:9 198:3 212:11 217:4 262:12 264:19 267:2 legitimate 162:8 lengthy 169:13,17, 23 letter 180:16,19 200:6 215:16,24 251:9 257:1,4,11, 13,16,24 258:14,16 267:24 268:3,9,18, 20 269:9,16,20 270:8 271:12,15,18 279:15,19 letters 207:16 212:19 letting 207:13 Lexus -nexus 233:15 Liability 259:23 license 202:10 203:16 214:22 228:21 lie 231:7,17 232:2 271:8 lied 163:8 231:3, 14,20,25 256:24 lies 221:8 likes 179:25 Limited 259:22 lips 198:21 list 198:10 278:9 291:1 listed 175:6192:7 202:25 261:12 284:7 287:8 listen 277:22 278:2 listened 256:23 listing 291:25 lists 279:5 280:8 litigate 173:18 litigating 162:3 litigation 160:11, 22 186:13 197:3 223:24 224:5,24 247:20 248:21 297:4 live 168:24 289:13 290:9 lives 289:9 290:12 living 202:22 LLC 175:16 176:12 177:8,9 178:2,5 179:14,22 184:17 185:19,23 187:2 259:22 261:15 loan 210:2,4,5,20, 21,25 211:1 loaning 167:10,11 loans 196:14 209:24 local 216:3 located 176:18 191:20 193:9 196:20,22 207:18 location 281:10 288:4,22 long 173:16,17 245:7 250:9 288:13 longer 207:9 214:7 298:17 looked 243:18 lose 294:18 losing 263:1 lot 182:16229:10, 12,14 love 239:10 Lucky 167:7 T1 M- o- h -1 -e -r 213:14 mad 271:22 272:1 285:11,14 made 162:2165:12 166:4,7 189:4 203:7 205:21 206:19,21210:8 219:15 229:1 231:18 237:2 239:25 242:9 246:7,9,12 248:20, 22 258:10 259:18 272:23 277:1,6 279:12,19 maiden 233:12,14, 19 mail 189:5 mailing 278:11 279:5 280:8 main 192:14 247:16 maintain 297:6 make 162:1168:15 180:8 193:23 211:16 214:22 217:14 219:8 223:9 229:25 230:21244:15 245:18 246:1 248:9 250:3,7 262:2 263:25 288:5 makes 260:24 making 196:14 204:19 213:6 276:20 277:9 man 202:17234:15 manage 191:3 manager 175:24 176:13 177:14,16, 17,20,22, 184:24 261:12 272:4 manages 191:3 managing 178:2,3 186:15 March 197:8 198:7 mark 176:5 180:10,11 185:19 189:22 192:17 193:20 251:9 marked 176:7 180:12 184:14 185:20 187:9 189:19 190:12 194:3,5 251:10 marriage 233:20 Martin 169:18 171:19 176:13 177:21222:23 264:13 284:9 Marty 204:16,18 229:23 230:2 236:3 238:12 256:22 298:4,7 Matt 195:17 matter 218:13 matters 173:19 297:5 mayor 271:7 272:4 meandered 248:25 meaning 243:10 meant 230:15 Meenu 291:2 meet 247:2,5 meeting 220:1,22 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: learn-mind 222:1,4,8 225:23 228:6 237:1,9,10, 11,21 238:5,10,15 240:7,19,22 241:25 242:4,10,14,25 243:2 245:17 248:2,23 249:16, 19,23 250:2,13 251:8 253:20 255:19,25 256:2,4 258:17 259:5,10,13 282:5 meetings 181:17 198:9 member 178:2,3,6 217:20 231:18,20 241:2 242:1,3 290:6,7 291:21 members 224:12 memo 221:11 228:5,6 234:10 255:20,21 memorandum 169:15,21,25 222:7 memorialize 218:5 memorize 201:10 mention 225:1 mentioned 273:11 Mesa 205:9,17,25 Mesa's 205:11,12, 19 met 174:10 294:22 MGRM 177:23 Michelle 183:5 middle 214:2 Middlebrooks 231:8,15 midnight 293:20 migrate 247:13 million 274:3 275:1 millions 229:7,8 mind 221:23 248:1,3,10,12 252:18 265:6,22 mine 202:5,6 minimum 206:7 minute 182:5 187:6 242:16 298:15 minutes 181:17 249:20 298:19 mission 160:16 Misstates 262:16 mistake 214:22 mister 163:10,25 203:10 234:7 259:21 mobile 286:3 model 209:19 Mohler 213:14,16 moment 208:21 263:2 265:4 moments 200:9 money 164:5 165:16 166:17,18, 20 167:10,11 197:4 208:9,10,13,20,24 209:1,2 210:13,15 211:16212:10 270:25 272:21 moneymaking 190:5 month 200:24 252:12 295:17,22, 25 296:6 months 181:25 201:20,23 251:5 290:19 Morgan 230:24 237:7 239:20 296:23 297:24 morning 218:6,15 229:22 230:2 motion 219:23 221:6,8 225:4 227:7,10,11243:6, 21 245:7,8,23 246:3,16 247:12, 17,20 248:4,6,25 249:2 254:25 260:19,23 275:14, 17,24 276:5,6,11, 16 278:14,19 279:25 280:1 285:4,11290:24 291:6,11, 292:20, 25 motivation 255:11 move 232:10 235:3 248:14 267:21,22 288:17 moved 290:21 multiple 267:20 N names 170:22 191:9,14 262:23 265:5 nature 194:25 neared 236:22 necessarily 185:7 216:17 needed 169:5 223:13 230:9 266:4 negotiations 223:19,23 224:4, 11,23 neighbors 271:22 272:1,2 Newport 176:13, 17,25 181:14 188:18 192:10,20 193:5,15,17 196:24 nice 173:5 298:9 Nick 217:25 218:1, 5 295:2,3 night 165:2,4 200:10 229:22 230:1,3 242:20 293:19 294:20 nonsense 204:9 normal 252:19 north 176:15 284:9 285:25 290:1 not - for - profit 168:14 211:13 notch 185:3 262:9, 15,20 263:3,9,11, 14,265:24 266:2,4, 10 note 209:18,20,21, 22,24 notes 222:10,14 notice 275:3 298:12 November 278:7 282:15,19 283:4 290:21 November/ december 283:1 number 203:1,2 274:21283:8 284:10 286:3 293:15 numerous 279:18 O O'boyle 160:7 162:18 165:11 169:18,19 171:20 172:13,21 173:12, 16 174:4,176:13, 15 177:18,21 180:22 182:2 187:12 189:23 193:14 195:8 196:13 197:3,10,21 198:11 19920,24 202:4,9,21,22 203:24 204:2,4,12 205:10,18 206:8, 16,24 207:8,13,17 208:4 212:23 217:3 218:16,19 219:6,9,16,24 222:20,24,25 223:1,14 229:4,6 233:4,25 235:17 237:21238:12 240:21241:1,13 242:1,3 244:18,21 257:9,16 265:7 268:5 271:11 272:14,25 275:15 276:17 278:5,7 279:3,21280:5,12 281:14,22,23 283:12,16,20 284:9,13 286:8,19, 22 287:7,19,23 288:3,8 290:19,21, 23 291:20,21292:4 293:14,23 294:1,4, 17 297:11 O'boyle's 201:24 256:16,18 264:14 293:21 O'conner 231:1 247:7 O'connor 180:15, 20 220:2,20,22 221:11222:3,17 227:9 233:1 1,17, 18,22 236:10 238:2 248:18 257:14 258:18 269:25 270:1297:19 O'connor's 228:5 O'hare 290:25 293:16 oath 167:8 object 162:15 163:3 164:13 194:24 197:5,11 198:13 204:6 219:20 221:21 254:17 255:2 284:22 286:13 292:7 objection 162:13, 14 163:5 164:14,15 165:18 168:9 171:4 176:1 177:6 178:10 179:8 188:6 192:25 196:17 202:12 204:25 205:1,2,14 206:25 207:20,21, 22,23 208:15 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: mine -office 213:10 223:7,10 235:7,10,11,18,19, 25 245:2,3 250:5 253:11 262:16 264:6 266:22,24 270:10 271:24 276:25 277:2,4 282:9 283:10 285:9 objectionable 261:17 objections 218:24 277:7,9 obligated 276:8 obligation 209:8 270:15 obligations 209:7 218:10 276:9 obtain 264:24 obtained 267:25 occupied 188:18 occupies 188:20 occupying 175:10 occur 223:2 230:16 244:10 occurred 205:20 206:1245:18 October 295:9,15 296:11297:16 299:6 offensive 264:4 offer 218:13 242:9 246:6,9,12,14 270:24 274:1,2,11 offered 198:3 270:23 272:21 274:25 offers 219:15 office 186:4 193:10,13,24 198:9 200:19 202:9,21 204:3 206:1 239:16,19 258:3,4 259:19 278:10 282:21,24,25 283:4,8 287:17,20, 22 officers 171:2 282:1,3 offcership 182:14 offices 193:6 203:21291:22 one -copy 257:3 open 171:10 251:3 259:5,8,11,16 266:20 271:6,12,23 272:7,21 opened 202:21 204:3 251:5 283:4 opening 250:12 258:19 282:24 operates 289:3 opinion 230:6 232:1,3,4,10 267:2 opposed 210:2 opposing 173:11 220:5 277:11 orally 214:13 order 169:5 175:14 263:13,16 269:5 ordering 299:19 organization 218:12 organizational 217:22 originally 278:6 out -of -state 284:20 out-of- state- lawyer 284:8 overbilling 253:3 owned 174:25 182:9 ownership 176:24 182:20 owns 176:21,22,25 177:5 196:23 P p.m. 160:3 245:11, 13,14 298:22,24 299:22 PA 287:4,13 288:23 289:8 292:3 Palm 182:17 187:24 224:16,19 225:1253:15 paragraph 166:25 167:19,24 278:19, 20 279:1,9,24 281:21284:6 286:17 290:18 291:4,5,8,10,16,21 292:9,23 paragraphs 292:25 paralegal 206:20 Pardon 190:2 196:10 208:25 210:14 239:17 284:23 289:21 292:14 part 161:23 164:20 172:3 200:6 214:3 215:14 221:12 246:5 275:22 283:19 participate 204:23 240:22 parties 210:4,6 276:24 partner 179:4 195:16 241:23 party 171:25 277:11,13 282:25 passed 239:23 past 201:20 pay 168:25169:5 183:24 184:1 196:4 208:23 209:5,8 270:23 paying 175:3 payment 219:4 payments 196:14 219:5 pays 183:22 PC 279:3280:5,12 281:22 283:16 292:4 pending 194:19 246:25 291:2 Pennsylvania 203:1 235:4 278:9, 11279:7 280:9, 281:19,24 282:8 283:9,19,23 284:1, 4,7,12,19,21 285:24 286:3,9,11, 18,24 287:2,3,8,10 288:19 289:13 290:20 291:23,25 292:5 people 161:25 170:22 173:12 179:7 216:15 237:2,12,22 242:6 246:21249:5,6,10, 22,25 252:13,14 256:17 262:14,20 263:10,25 264:8,9 267:14,25 268:5 269:23 271:5,17 272:3 273:21,22 297:8,25 people's 262:25 period 168:17 169:14,213:24 215:13 295:12 permanent 276:3 permission 213:22 222:19,24 223:15 240:21,24 260:15 290:9 permitted 277:12, 24 person 183:5 186:2,6 274:21,25 personal 198:4 personally 168:5 172:13,15,23 Index: officers- president/director 258:10 Peter 217:15 phantom 201:19, 21 Philadelphia 279:6 280:9,19 281:4,19,24 282:8 291:23 292:6 phone 167:12 196:3 203:1,2,6,7 222:6 283:8 phonetic 217:15, 16 238:12 279:11 physical 175:10 pick 261:14 piece 227:21 233:24 234:2 246:17,18,19,20 PIS 230:20 Pittsburgh 289:19 place 219:2237:11 264:21 plain 244:2 plaintiff 163:11 168:2,4 169:15,18, 25 170:2,9 171:8, 22 172:14 185:16 186:12 212:1,4,9 228:17,19,23 plaintiffs 168:1 plan 295:12 planes 182:4,6,9, 12,15,19,23,24 183:1,7 254:3,6,19 plans 295:9 platforms 239:15, 18 playing 207:13 pleading 233:23 pleasure 294:5 297:3 plenty 234:8 pm 298:25 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 point 171:23 205:4 218:17 245:4 254:10,11 257:18 263:6 266:25 279:10 290:14 pointing 251:3 points 230:18 police 297:24 policies 219:15 portion 194:22 299:18 pose 279:17 position 162:21 204:3,21244:22 256:1261:18 Post 224:17,20 225:1 practice 202:10 204:22 221:14 244:12 289:9 practiced 281.17 283:22 284:13 286:20 287:3 practices 244:11 287:9 practicing 214:21 283:19 284:20 286:8,24 292:3 precedent 247:3,5 prejudice 276:6 preparation 161:18 296:14 prepare 214:16 222:7,14 prepared 162:5 169:21214:23 227:8 283:15 285:13 present 198:8,12 president 170:23 181:19 187:18,21 190:20 281:24 president/ director 217:18 pretty 192:18 227:15 293:5 previously 201:4 principal 181:1 279:4 280:6 printout 176:11 193:15 prior 167:20 225:24 226:4 282:5,15 private 229:23 230:2,5,9,12 244:5 privilege 197:13 privileged 223:25 224:6 prize 277:5 pro 290:21,24 problem 217:20 234:21294:23 proceeding 221:19 160:1 process 274:8 produce 274:24 275:3 professional 290:20 profit 209:19 279:3 280:6 program 258:13 project 274:4 promote 168:1 proper 217:21 properly 218:9 properties 236:11 237:23 289:12 property 176:21, 22 177:5 287:15 289:19,20,22 proposal 245:19 248:1,3,10,11,12, 16,17 proposals 248:20 propose 245:21 proposed 245:22 propounding 175:19 prosecuted 163:2 protect 266:17 protected 266:17 protects 266:8 267:3,9,10,11,13 provide 198:3 provided 208:7 286:2 PRR 218:9 psychiatrist 255:5 public 160:10 162:1,2 163:1 167:23 168:15 172:22 174:12 175:19 179:21,23 185:5,9,19,23 186:9,12,20,21,22 187:2,5,24 198:4 204:23 206:7,23 208:19 211:25 212:9,14 213:6,17 218:11268:12,21, 23 269:1,6 publicly 240:4 pull 182:14 purpose 160:21 161.•23 162:10 185:1 189:2 242:15 248:24 255:16 258:19 262:14 purposes 162:23 185:5 194:13 2272,3 228:2 242:14 248:23 262:19 pursuant 219:15 pursue 275:25 276:8 pursued 221:15 put 168:20 202:8 204:2,235:21 236:24 244:4,21 249:15 260:12,14 261:19 262:4,22 263:20 264:3,12 265:4 267:5,8 269:1271:20 292:24 293:22 299:17 putting 261:9 270:16,20 I quarter 274:3 275:1 question 165:3,11 174:24 175:2 176:23 179:16 181:12 186:8 194:19 197:13,24 199:8 212:7 219:21220:16, 223:18 236:2,6 238:1255:7,12 261:7 267:20 272:16,17,18 277:19 287:5 294:10 297:12 questioning 298:13 questions 168:10 182:16 184:6 196:25 197:15,21 202:18 204:7,19 205:6 207:14 218:3 219:18 227:14 244:19 255:10 264:23 276:21,23 277:18 279:13,16,18 290:11,16 quicksand 200:20 quote 233:23 quotes 167:17 228:2,8 quoting 232:7 R rafting 296:18 raised 249:14 250:10,25 ramifications 244:10 ran 239:15,18 Randolph 220:2, 20,21,23 222:18,22 223:4,13,16,22 224:3,8,17 225:11, 14 226:11227:16, 18,23 228:10 229:16,19 230:8 233:23 234:9,11 236:10,16 237:7 238:2,4,24 240:15 242:16 247:7 248:18 249:4 255:19 256:11 258:18 259:19 270:1 Randolph's 228:5 reached 292:1 read 194:19,21,22 224:2 225:22,24 226:4 227:9,10,11, 15,17,18,19,20 231:9,10,11232:21 233:1,5 255:12 256:13 278:18 280:3 291:6, 292:9,20 299:18,21 reading 223:8 258:15 real 273:7,12,13 288:11 realize 235:21 realized 285:13 reason 165:12 166:11 227:3 233:13 248:24 250:3 reasonable 253:1 reasons 162:22 270:17,22 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: pretty- rectify recall 170:25 171:5 174:15,19 200:14 226:23 230:5 232:14 243:17 253:19 254:20,21261:11 275:5 281:20 282:23 283:2,6,13, 17,21,24 284:2 receipt 219:10 received 203:8 218:24 222:20,24 285:4 recess 245:13 298:24 recited 284:6 recognize 246:20, 22 257:16 280:19 recognizes 194:16 recollection 201:11227:16 230:17 251:1 record 160:4 163:1 194:22 199:6 219:20 220:14 241:7 245:12,15 246:4 268:12,21,23 277:4 293:22 298:23 299:1,15,16,17 records 160:10 162:1,2 167:23 168:15 172:22 174:12 175:19 178:13,14 179:21, 23 185:5,9,19,23 186:9,12,20,21,23 187:2,25 192:8 198:4 199:14 200:3 203:6 204:23 206:7,23 211:25 212:9,14 213:6,17 218:11 247:22 269:1,6 286:7,10,12 Records.com. 187:5 recounted 248:17 rectify 225:21 226:25 227:4 Red 273:3 refer 170:10 171:9 252:20 reference 230:21 260:24 261:15,16 referenced 218:8 referred 252:21 referring 216:18 256:10 263:9,10 reflect 284:12 286:7,18 reflected 287:2 reflecting 292:5 refresh 201:11 refuse 214:18 279:14 refused 215:19 230:16 regard 173:4 184:12 187:1 203:24 235:14 244:11264:21,25 279:23 280:18 288:4 299:7 registered 175:25 176:14 187:15 190:19 193:13,24, 25 259:1260:10, 13,20 261:1, 278:10 286:23 registration 203:13 regret 218:8 reinstatement 176:12 reiterate 219:14 related 181:4,6 relating 167:22 223:24 224:4 relief 276:1,3 relies 256:17 remain 217:19 remarkably 256:15 remember 164:20 165:3 166:21 170:12 201:9 220:24 225:3,17 230:20 231:22 236:14,15 238:13 250:24 251:1 253:17,23,25 254:10,12 remorse 243:18 removed 260:20 remuneration 212:1,3,6 241:16 rent 175:3 rental 288:11 repaid 209:16 repay 210:23 211:10 repeatedly 240:4 rephrasing 196:12 replacements 217:14 report 233:15 reporter 194:23 representation 291:24 represented 211:22 295.2,3 representing 228:2,8 reputation 263:16 request 206:7 211:25 212:9 269:3,5 274:24 requests 162:1,2 163:1 168:15 172:22 174:12 175:20 179:21,23 185:6,9 186:10 198:5 212:14 213:6,17 297:7 required 170:8 240:13 275:20 reside 203:10 281:7 resided 290:14 residence 288:18 289:8,10 residential 289:12,20,22 residents 264:5 resides 203:18 280:23,25 281:5 288:20 resign 215:25 217:13 resignation 200:7 215:16,18 resigned 166:12 200:5 214:1,4 215:12 resigning 165:13 resigns 164:24 resolve 278:16 resolved 242:23 249:2 294:23 resolving 246:2 respect 292:25 respond 218:9 238:2 256:20 270:15 294:6,8,11 responded 219:13 224:17,18,21 229:19 responding 229:8 response 237:24 279:16 responsible 244:25 245:1 rest 173:17 295:8 retaliating 255:16 retract 164:11 166:5 167:6 returning 167:11 returns 189:10 reveal 220:7 review 160:16,19 246:21 rid 243:14 245:22 246:3,24 247:1,17, 19,22 ridiculous 204:19 273:10 rights 276:7 Ring 162:9170:16 174:21 179:5 197:8 200:17 213:1216:8 217:2, 13 220:1,3,9,11,19, 21222:3,14,17,25 223:15 240:25 241:1,13,21,25 242:3,22 245:18 258:21259:2,13,15 260:9,20,25 261:1, 9 265:18 Ring's 162:23 260:12 rip -off 267:7 ripped 252:17 ripping 253:10 risk 256:19 River 296:18 road 289:25 Roanoke 191:21 rocket 236:16 room 169:6 223:20 row 173:9 199:10 Rubicon 225:20 226:2,16,22,23 ruin 271:20 run 179:7 233:15 270:18 running 182:25 rush 204:1 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: Red -settle Russell 174:22 178:20,21 179:4 217:19 Ryan 174:10 195:6,20 S salaries 196:4 salary 183:22,24 184:2 sanction 243:11, 13 sanctions 243:20 245:8 260:19 Sasser 291:2,11 sat 256:23 Saturday 297:18 save 175:15 199:11 239:14 schedule 293:21 294:13 295:8 scheme 164:8 secretary 164:22 169:6 172:21 178:18,19,21 179:3 181:19 183:20 200:8 206:20 213:13 215:14 254:7 259:23 260:2 283:25 seek 276:2 send 164:19 201:3 213:2 217:21 223:6 231:12 268:3,4 275:3 September 294:1 295:9 serve 184:4235:22 served 235:24 260:23 serving 220:11 set 180:9 270:20 settle 218:13,19 227:5 246:1,14,15 247:20 248:2,11,20 settled 165:15 208:18 settlement 217:5 219:1,8,15 223:19, 23 224:4,11,23 227:2,3 239:6 240:9,10,12 242:9, 12,14,20 243:3 245:19 246:6,9 247:10 248:7,9,16, 17,19,23 255:25 256:2,4,8 settles 208:10,14 Seventh 161:2 shame 228:14,15 264:9 share 255:23 shared 224:11 256:12 sheet 193:24 Sheila 176:15 shit 233:24 234:3 246:18,19,20 276:16 291:7 shitty 291:8 shock 249:7 shocked 249:5,6,8 short 296:10 show 174:14 176:5,10 177:19 185:18 193:12 198:20 201:15 202:19 214:23 237:3 279:15 showed 222:16 233:15 269:22 283:7 showing 190:10 193:14 216:19 sic 273:3 Sid 221:25 side 246:7,10 248:20 256:7 sign 264:12 267:5, 8 288:5 signed 225:11 243:17 signs 231:22,23,25 silly 298:8,10 Silver 273:3 similar 256:15 simply 256:10 sir 175:6,11,25 176:20 190:11 199:16 205:20 206:12 237:19 290:8 sit 233:7 250:15 sitting 230:25 Skip 220:21,23 222:5 227:15,18,20 228:16 236:15 238:24 240:15 243:21,22 257:18 skull 217:11 sleeps 290:2,4,17 slept 290:14 slew 229:23 230:2 smart 189:5 smiles 262:25 Smith 162:15 163:3 164:13 172:12,16 173:5, 10,21 197:5 201:15 204:16 205:1,14,21 206:25 207:21 219:20 223:7,11 231:1235:10 236:2,4 245:2 257:20 266:23 280:1284:22,25 286:13 292:7 293:24 294:9 298:4,7 sober 236:12, 237:24 249: 14,15, 24 250:10,12 251:3,6 258:12919, 22 259:5,9,16,22 261:15,17 262:4 263:20,23 264:20, 21265:1270:17,20 271.•6,12,20,23 272:7,10,22 social 162:22 sole 160:21 162:10 189:2 207:17,25 solicited 168:5,13 204:22 solution 201:3 son 162:11 163:2 164:7 173:19 174:10 192:19 198:3,17 202:8,20 203:10 204:2,21 216:2,9 228:16,23 235:3,15,16,21 238:25 244:9,21 265:16 278:5,23 279:17,18 281:12, 16,21282:6,14,18 283:12,14,18,23 284:18 285:22,23 286:22 287:1,8,19, 22,25 288:1,16 289:6 290:8,12,13, 17 291:10 son's 160:22 165:14 173:19 192:20 193:10 212:20 219:24 251:4 278:6 sophisticated 211:2 sort 242:11243:25 247:13 sought 168:2 space 175:10 193:3,6,10 288:4 speak 222:19,23 223:15 273:24 278:23 specific 209:17 245:9 specifically 170:8 209:15 279:17 Specifics 174:8 254:12 speculate 266:25 speech 256:21 speeches 277:1 speed 292:22 spend 167:13 295:7 296:9 spending 294:2 spoke 220:3,19 242:6 264:17 spoken 289:2 spread 268:4 stand 259:12 standing 189:7 start 237:20 293:4 started 242:25 247:12,13 starting 264:9 state 171:18 176:10 192:8 195:15 202:11 208:19 226:3 244:11259:23 270:19 272:20 278:10 279:2 280:4,11281:25 284:14,20 286:9,20 290:6,22 292:1,5 295:10,13 stated 209:11 240:4,7 254:4 258:14,16 259:8 271:5 293:22 statement 160:17 162:4167:6 193:12,23 205:21 206:18,19 225:24 229:25 253:9 256:11259:18 280:13,16 statements 256:16 276:20 277:10,20 states 166:7 298:3 stationary 283:14 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: settled-substance statute 212:2 stay 223:19 288:14 293:19 stayed 168:17,21 staying 174:17,18 steal 166:16,20,22 stick 237:17 stole 164:4 166:14, 18 stop 184:17187:23 188:4 207:13 251.•3 Stream 172:17 176:16 213:7,8,17, 21236:11237:3,24 257:10,12,25 258:12,19 263:21 264:5,8,13,22 265:2 270:17,20,21 271:5 284:10 290:25 294:3 Street 278:11 279:6 280:8,19 281:18,23 282:7 283:16 287:4,13 291:22 292:3 strike 240:20 267:17 282:15 285:22 struggling 270:24 274:13,14 Stubbs 220:23 221:25 stuck 200:19 stuff 164:23 165:24 178:15 204:18 215:15 stupid 244:2 subject 200:17 238:18 249:21 subpoenaed 269:19 subsidiary 181:6 substance 220:8 261:4 sudden 237:15 sue 173:13 sued 172:17,19 232:17 269:16 sues 173:11,12 suggest 256:19 267:21 suggested 229:23 230:1 suit 161:11 199:3 suits 246:4,25 247:22 sum 219:7 270:23 274:2 Sunday 297:19,20 Sunshine 167:23 supposed 195:15, 16 210:25 211:1 238:7,8,9,23 274:25 Supreme 284:12 286:6,11,18,23 287:2,9 291:25 surgery 236:21 surprised 173:22 surrounding 270:21 suspend 293:13, 20,21294:4 298:12,13,16 299:3 Sweet 259:22 261:14 263:23 266:21272:10 Sweetapple 160:5 161:15,16 162:17 163:6,12,16 164:17 165:20 168:11 171:6 172:1,9,14, 19 173:7,23 174:1 175:23 176:2,9 177:7 178:12 179:9 180:7,10,14, 18,21 184:16 185:22 I87:I1 188:8 189:21 190:17 193:1 194:7,11,15,21 195:1 196:18 197:7,20 198:16 199:3,7,12 201:17, 21202:1,3,15 204:10,20 205:5,8, 15,24 207:2 208:3, 16 212:13,17 213:12 216:17 217:1219:22 220:10 221:22 223:9,225:12 228:4,9 231:2,12 232:11,16 233:2,10 235:8,13,20 236:9 240:3 241:12 244:7,17,20 245:6, 16 250:11251:12 253:13 254:18 255:6,24 256:13,23 257:5,8,15,19,23 261:8 262:18 264:11,20 267:1,5, 6 270:2,11271:10 272:6,17,19 273:14 275:18 276:5,12, 19,22 277:8,16,19, 24 278:3 280:2 283:11285:3,10 286:11,15 292:8 293:2,10,12 294:7, 12,15 297:13,23 298:5,10,18 299:2, 10,12,17 swore 291:20 sworn 162:20 163:7 172:25 290:23 291:10 T table 180:6225:7 taking 219:1 261:18,24 293:14 299:8 talk 242:12,17,18, 19 243:15 251:7 254:5 257:1 275:14 talked 243:5,25 245:24,25 246:2, 23,248:24 249:2,4 250:23 276:19 talking 179:11,13 199:1,3,5 201:20 202:24 204:9 206:13,18,19 212:3 213:24 216:1,8 237:11,21 238:18 241:8 246:4 247:6, 12 249:21277:15 targets 230:10,11, 13 tax 189:10 210:24 Taylor 162:13 163:4,11 164:8,15 165:14,19 205:2 207:22 218:1 219:12,13 235:18 255:2 256:20 293:22 telephone 218:6, 22,25 274:21 284:10 286:3,4 telephonically 198:8 telling 167:8172:5 197:15 234:9,12 247:14 267:2 285:22 297:2,14 temporary 201:3 tenant 174:25 181:10 terminate 250:2 terms 170:13 209:7 218:23 298:10 terrible 203:5 231:18 testimony 163:7 172:25 214:24 218:2 248:18 262:17 295:21 297:16 thing 203:5 239:21 242:13 243:4,14 things 173:12 201:10 243:16 263:3,24 267:11 293:1298:19 thinking 250:12, 14 Thirdly 250:8 thought 226:11 227:14 249:11 252:10 255:4 261:17,19,24 262:8,9,24,25 263:1,23,24 264:1 265:25 274:12 Thrasher 231:9 238:7,8,16,23 239:9,22 240:1,5,9, 11,13 269:2 271:8 291:1 Thrasher's 295:1 threat 167:15 250:20 259:12,14 threaten 259:7 threatened 223:24 259:5 threatening 250:16 251:2 threats 224:24 Thresher 269:22 threw 225:7 Thursday 294:22 time 160:3167:13 168:18 169:11 174:6,16 175:15 183:6 197:14 199:11207:12 215:5,10,13 220:12 222:7 233:18 234:8 239:21,22 241:2, 245:11,14 250:22 276:24 285:12 293:10 294:2,18 295:7,12 296:9 297:23 298:5,13,22,25 299:4,14 times 166:3173:16 199:10 217:9 267:21 tin 273:1,2,16 title 177:20,22,23 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: sudden-treated 178:4 today 194:2 215:7 219:14 today's 293:25 told 165:22 178:24, 25 179:2 182:10 183:5 184:10 193:9 197:14 200:5 214:12 222:3,5 231:6 233:8 238:4,22 244:23 248:13 251:23 268:6 275:7,13 288:15 295:3 Tom 238:11,24 240:16 tomorrow 295:14 ton 270:25 top 264:10 topic 237:18 touched 234:16,25 235:1 town 172:17 213:7, 17 231:21,24 232:2,4 236:24 237:3 239:14 240:8 250:17 251:3,8 252:14,20 257:24 261:16,18, 24 262:2,21 267:24,25 268:3,9, 23 269:16 271:20 272:4 290:25 294:2,21,24 townhouse 281:4 track 294:18 train 263:1 transcript 228:3 231:10,11 transparency 168:2 treasurer 187:19, 21 190:20 treated 235:15,16 troublemaker 221:2 true 164:16 211:21 272:22,24 277:10, 20 278:21,24 279:9,24 280:13,15 291:12 293:1 trust 288:2 trusted 217:16 truth 172:6 234:9 turn 236:12 237:23 273:2,16 two- and -a -half 255:21 two- and -half 255:20 Tyne 279:11 type 204:18 231:22,23,24 U Uh -huh 247:8 unable 247:2,4 unauthorized 204:22 221:14 unaware 217:23 219:1284:17 285:1 understand 173:3,11200:23 211:12 212:8 215:1219:7 248:15 270:7 276:4 282:18 understanding 169:16,21 170:1 212:12 219:10 understands 212:13 understood 218:16,18 unencrypt 215:22 unequivocal 218:23 Unethical 267:5 unique 167:25 unknown 270:22 unpleasantness 166:6 unproductive 221:9 untenable 235:22 untrue 233:4 291:15 unwilling 247:4 upset 267:25268:2 urgency 293:18 utilize 266:15 V vacations 297:7 valor 221:12 Vargas 267:7 verbal 269:4 verbatim 167:16 verified 290:24 291:11 versus 161:1,8 vice 290:22,24 vicinity 259:15 288:18 290:9,15 victory 239:22 vindictiveness 235:24 violation 264:2 violations 167:22 171:10 violent 234:14,24 Virginia 191:21 289:14,15,24 290:1 295:20,24 296:5,12 visit 166:6 Volume 299:24 voluntarily 270:16 voter 203:13 W wait 242:16 255:24 299:5 walk 270:7 walked 243:1 wanted 166:14 188:5 201:24 221:25 238:11,16 247:17 248:6 252:23 254:8 263:17,22 264:12 265:24 266:2 268:7 274:17 watch 202:6 watching 253:23 254:9,23 water 270:21 website 187:3 Wednesday 294:19,20 week 206:7,24 215:8 294:19,24 296:10,13,24 weekend 296:16, 20 weeks 169:9,14,24 207:5 293:24 294:17 295:4,5,6 297:7 west 176:13,17,25 181:14 188:18 192:20 193:5,15,17 196:23 289:14,15, 24 290:1 295:20,24 296:5,12 whatsoever 163:19 202:14 whitewater 296:18 whoa 236:19 Index: troublemaker -young whorehouse 264:14,16 266:21 wife 175:25 187:15 190:19 204:14 229:17,21230:1 265:14 288:5 296:8 William 174:21 259:2 291:1 windfall 164:8 218:21 withdrawal 276:7 withdrawn 248:6 275:17 276:6,11 withdrew 243:21 276:13 Witmer 174:10 195:6 203:23 witnesses 173:1,17 word 232:9236:15 250:10 words 229:1 271:22 work 162:21 168:6,14 192:13 195:20,21216:9 288:22 295:5 worked 288:15 working 169:2,11 173:9 201:22 203:20 215:2,8 works 168:25 169:3,4 world 244:25 289:11 worry 217:6 Worthline 238:11 write 199:25 200:16 234:12 271:2 273:17,19 275:6 write -off 210:24 writing 174:11 205:10,17 206:9, 12,21214:13,14 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 215:9 223:5,14 269:2,7 270:15 writings 273:22 written 209:24 240:12 270:3 288:1,3 wrong 236:17,19 wrote 198:17 199:13 200:18 201:6 214:25 215:6 217:25 234:11252:5 269:2 275:9,10, 279:11285:18 Y y -n -n 191:19 year 164:3181:23 195:19 213:25 290:15 296:12 years 179:6 188:12,14,16 190:15,18 206:20 277:14 yesterday 215:7 218:25 York 195:15 young 189:3 In The Matter Of- A114 R TIN E. O'B0YLE v. TOWN OF GULF STREAM Deposition of MARTIN O'BOYLE September 15, 2014 Vol II DEBRA URAN A S S O C I A T E S Registered Professional Reporters P.O. Box 2288 West Palm Beach, Florida 33402 561 - 313 -8000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE No.502014CA004474XXXXMB MARTIN E. O'BOYLE, Plaintiff, -vs- VOLUME II TOWN OF GULF STREAM, Defendant. CONTINUED VIDEOTAPED DEPOSITION OF MARTIN E. O'BOYLE TAKEN AT THE INSTANCE OF THE DEFENDANT Monday, September 15, 2014 9:50 a.m. - 5:47 p.m. 224 Datura Street Suite 1405 West Palm Beach, Florida 33401 Reported By: Debra Duran - Bornstein, RPR (Notary Public, State of Florida Debra Duran & Associates 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 APPEARANCES. On behalf of the Plaintiff: DANIEL DESOUZA, ESQUIRE DESOUZA LAW, P.A. 1515 N. University Drive Suite 209 Coral Springs, Florida 33071 NICK TAYLOR, ESQUIRE THE O'BOYLE LAW FIRM P.C., INC. 1286 West Newport Center Drive Deerfield Beach, Florida 33442 On behalf of Jonathan O'Boyle, William Ring & The O'Boyle Law Firm PC., Inc. CULVER SMITH, III, ESQUIRE CULVER SMITH III, P.A. 500 Australian Avenue South Suite 600 West Palm Beach, Florida 33401 Co- Counsel on behalf of the Defendant: ROBERT A. SWEETAPPLE, ESQUIRE SWEETAPPLE, BROEKER & VARKAS, PL 20 S.E. 3rd Street Boca Raton, Florida 33432 Co- Counsel on behalf of the Defendant: JOANNE O'CONNOR, ESQUIRE JONES, FOSTER, JOHNSTON & STUBBS 505 South Flagler Drive, Suite 1100 West Palm Beach, Florida 33401 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 157 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ALSO PRESENT: William Ring, Esquire The O'Boyle Law Firm PC, Inc. Jason Peterson, Videographer Legal Graphicworks Doug Stacy, Videographer Scott Morgan, Mayor Town of Gulf Stream William Thrasher, Town Manager Town of Gulf Stream Christopher O'Hare Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 158 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NUMBER E X H I B I T S DESCRIPTION PAGE DEFENDANT'S EX. 7 AIRLINE HIGHWAY, LLC 176 PRINTOUT DEFENDANT'S EX. 8 CRO AVIATION, INC 180 CORPORATION DOCUMENT DEFENDANT'S EX. 9 STOP DIRTY GOVERNMENT LLC, 184 CORP DOCS DEFENDANT'S EX. 10 OUR PUBLIC RECORDS LLC 185 CORP DOCS DEFENDANT'S EX. 11 COMMERCE GP, INC 187 DEFENDANT'S EX. 12 CG ACQUISITION COMPANY 189 DEFENDANT'S EX. 13 ASSET ENHANCEMENT, INC. 190 DEFENDANT'S EX. 14 STATEMENT OF CHANGE OF 194 REGISTERED OFFICE DEFENDANT'S EX. 15 CITIZENS AWARENESS 194 FOUNDATION CHANGE OF REGISTERED AGENT DEFENDANT'S EX. 16 JUNE 6, 2014 LETTER TO 251 TOWN OF GULF STREAM Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 159 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 160 CONTINUED PROCEEDINGS THE VIDEOGRAPHER: The time is 2:36 p.m. We're back on the record. BY MR. SWEETAPPLE: Q. Thank you. Mr. O'Boyle, the Citizens Awareness Foundation, Inc., it doesn't have any income, does it? A. I don't know. Q. It just exists to bring public records litigation, right? A. I don't know. Q. Weren't you the one that was involved in having the entity formed? A. I don't think so. Q. And didn't you review and approve the mission statement for the entity? A. No. I think it was Mr. Chandler. Q. Well, didn't you review it and approve it? A. I don't think so. Q. And weren't you aware that its sole purpose was going to be to front litigation through your son's law firm? A. No. Q. And are you aware of the Citizens Awareness Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 161 Foundation versus Joel Chandler lawsuit that was filed in the Seventh Judicial Circuit on or about August of this year -- December 6th. Were you aware that lawsuit was filed? A. Can you say that again? Q. Were you aware that lawsuit was filed? A. Which lawsuit would that be? Q. Citizens Awareness Foundation, Inc., versus Joel Chandler. A. Can you tell me more about it? Q. It's a suit against Mr. Chandler. It alleges that he breached his fiduciary duty and other claims. A. I believe I am aware of that, yes. MR. DESOUZA: That's the Complaint? MR. SWEETAPPLE: Yes, it's the Complaint. BY MR. SWEETAPPLE: Q. And did you have any involvement in the preparation of this complaint? A. No. Q. Do you know who, at Citizens Awareness Foundation, Inc., caused this complaint to be filed? A. No. Q. As part of the -- what is the purpose of Citizens Awareness Foundation, Inc? A. It is to educate the people in connection with Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NUM 17 18 19 20 21 22 23 24 25 Page 162 public records; and to make public records requests. And to the extent public records requests are made and they're not filled, to consider litigating the issue. I think all of that is in the statement that Mr. Chandler prepared. Mr. Chandler prepared it, and whatever that says, we were going along with it. Q. Okay. Well, he says that you absolutely were not going along with any of the legitimate uses of Citizens Awareness Foundation but, rather, you, Mr. Ring and Ms. De Larmartini insisted that his sole purpose was to go generate lawsuits and to give them to your son and his law firm. Are you aware of that? MR. TAYLOR: Objection. MR. DESOUZA: Objection. Form. MR. SMITH: Object to form. MR. DESOUZA: He said this when? BY MR. SWEETAPPLE: Q. Are you aware of that, Mr. O'Boyle? A. Can you say that again, please? Q. Are you aware that it's Mr. Chandler's sworn position that despite the fact that he intended to work for those reasons, that is, that there were some social purposes; that, in fact, your instructions, Mr. Ring's instructions, and Ms. De Larmartini's instructions were that he was to, on a full -time basis, go out and Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 4 10 11 12 13 14 15 16 17 19 20 21 Page 163 generate public record requests lawsuits so that they could be prosecuted by your son and his law firm? MR. SMITH: Object to form. MR. TAYLOR: Same. MR. DESOUZA: Objection. BY MR. SWEETAPPLE: Q. That's his sworn testimony. A. He lied under oath. Q. And, in fact, in the lawsuit that was filed, you allege that Mister -- MR. TAYLOR: Who's the plaintiff in the case? MR. SWEETAPPLE: Citizens Awareness Foundation Inc. The entity that you are funding. THE WITNESS: I know nothing about Citizens Awareness. BY MR. SWEETAPPLE: Q. You know nothing about Citizens Awareness Foundation? A. Nothing whatsoever. Q. So any a -mails that are between you and individuals regarding Citizens Awareness, that is really 22 1 not you? 23 24 25 A. Well, let me see them. Q. Are you aware of any a -mails that you sent to Mister -- Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Pagc 164 A. I haven't seen any e- mails. Q. Have you exchanged any a -mails with Mr. Chandler this year? A. Yes, I think I have. He stole a bunch of money, and I asked him to please come back and bring it back. Q. He also accused your son of being involved in a windfall scheme, including Mr. Taylor, where defendants in Citizens Awareness Lawsuits were being held up for fees that were not earned by the firm, and you demanded that Mr. Chandler retract that e-mail, correct? MR. SMITH: Object to the form. MR. DESOUZA: Objection. Form. MR. TAYLOR: Objection. THE WITNESS: No. That's not true. BY MR. SWEETAPPLE: Q. What happened? A. He did send -- he came in, and I don't remember the date. It was -- I think the first part of June. And my secretary called me and said, Joel Chandler was here. He left a bag of stuff and an e -mail saying he resigns effective immediately. And he wants you to call him. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 165 So I called him, and I couldn't get him. And I either got him that night late, or the following day. I just don't remember. And I forget your question. Q. You said you called Mr. Chandler that night. A. Yeah. Q. Why did you call Mr. Chandler if you're not involved with Citizens Awareness Foundation? A. Because he asked me to call him. As an example, if you asked me to call you, I would call you, too. Q. Mr. O'Boyle, my question dealt with the fact that you were made aware that one reason Mr. Chandler was resigning was because of communications between he and Mr. Taylor involving your son's insistence that lawsuits be settled with defendants of Citizens Awareness Foundation for more money than was incurred in attorney's fees and costs. MR. DESOUZA: Objection to form. MR. TAYLOR: Form. BY MR. SWEETAPPLE: Q. Are you aware of that? A. I know there was an e -mail. I told you what I know, I called him later on. And I said, "Where is the stuff ?" And he said, "You got everything you're Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 166 getting." And he's never called back since. I've called him several times after that. Q. In fact, you made a demand of Mr. Chandler that if he didn't retract the e-mail, you were going to visit unpleasantness upon him, didn't you? A. No. He made that -- he states that in an e -mail. Q. You never said that? A. No. I never said that. Q. And the only reason you were talking to Mr. Chandler when he resigned from Citizens Awareness Foundation is because he asked you to? A. Well, I really wanted to get what he stole back. Q. And what did he steal? A. Money. Q. He stole money? A. Yes. Q. How much money did he steal? A. I think 15 or 25,000. I don't remember. Q. Who did he steal it from? A. I guess -- what's the name of that company? Citizens Awareness? Q. And in Paragraph 10 of the Complaint, Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 167 Exhibit 6, the attorneys for Citizens Awareness Foundation, Inc., which you claim to have no involvement with... A. None. Q. And I'm going to give you a chance to try to retract your statement. A. Lucky me. Q. Are you telling us under oath that you were not involved in any of the activities of Citizens Awareness Foundation other than loaning them money? A. Other than loaning them money and returning Joel's e -mail. Yeah. A phone call. Q. And we'll spend a little time on that when I go through all of the communications that I have chronicled here, including your threat -- your threat on -- let's go through them so I can give you verbatim quotes. That will be the best way to do it, Mr. O'Boyle. So it says in the lawsuit in Paragraph 10. "Prior to February 17, 2014, Chandler filed hundreds of lawsuits throughout Florida (including at least five in this judicial district) relating to alleged violations of the Public Records Act and Sunshine Laws." Then he goes on in Paragraph 12. "Because of Chandler's extensive and unique experience coinciding Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 168 with plaintiff's desire to promote government transparency, then plaintiff actively sought out and communicated with Chandler regarding his possible employment with plaintiff." You're the one who personally solicited Mr. Chandler to work for an entity, and Citizens Awareness Foundation was formed the very day that he was hired, right? MR. DESOUZA: Objection to form. THE WITNESS: You asked two questions. BY MR. SWEETAPPLE: Q. Let me break it down for you. You're the one who solicited, having Mr. Chandler come work for a not - for - profit entity to make public records requests claims and lawsuits, right? A. No. Q. And he stayed at your home for a period of time in January, didn't he? A. Yeah, a day. Q. Then you put him up in a hotel, right? A. If he did, I don't know what hotel he stayed at. Q. Well, he used your funds while he was down here, right, to live? A. When a guy works for you, you usually pay his Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 iyl 20 21 22 23 24 25 Page 169 expenses. Q. He was working for you, right? A. Well, when I say "a guy works for you ", a guy works -- I used the companies together and I shouldn't. He needed a credit card in order to pay for a hotel room. My secretary, Brenda, got him a credit card. I've never seen it. Q. But Citizens Awareness Foundation wasn't even formed for weeks after that. A. That could be. Q. He was working for you at the time, right? A. I don't think so, but... Q. And it says, "After several lengthy discussions over a period of approximately two weeks, plaintiff and Chandler entered into a memorandum of understanding on February 17th." Who were those lengthy discussions with between plaintiff and Chandler? Was that Martin O'Boyle or somebody else, Mr. O'Boyle? A. It was with no one. It was Mr. Chandler, who prepared the memorandum, is my understanding. I don't think anybody changed it. Q. Well, it says "after several lengthy discussions over a period of approximately two weeks, plaintiff and Chandler entered into a memorandum of Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 170 understanding." Who, on behalf of the plaintiff, was having these communications? A. Don't know. Q. Wasn't it you? A. No. Q. And one of the agreements that Mr. Chandler was required to specifically agree to between the alleged plaintiff and Mr. Chandler, was "Chandler will refer violations of open government laws encountered in the course of his duties to legal counsel approved by the Foundation." Do you remember that being one of the terms of his employment? A. No, I do not. Q. Take a look at the lawsuit that was filed by Citizens Awareness Foundation, Inc. And is Mr. Ring still involved in that entity? A. I don't know. Q. And Ms. De Larmartini, is she still involved in that entity? A. I don't know. Q. Didn't you direct that names of people be changed; that Mr. Chandler become the president back in June? A. Not that I recall. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 171 Q. Did you have any discussions with anybody where you determined who were going to be the officers of this entity? MR. DESOUZA: Objection. Form. THE WITNESS: I don't recall. BY MR. SWEETAPPLE: Q. And so do you have any idea who these conversations were with between the plaintiff and the -- and Mr. Chandler where he agreed that he would refer violations of open government laws encountered in the course of his duties to legal counsel approved by the Foundation? A. I don't know. Q. Who was the legal counsel approved by the Foundation? A. I don't know. Q. Well, how many lawsuits has Citizens Awareness Foundation filed in the state of Florida? MR. DESOUZA: Bob, he is here as Martin O'Boyle. He is not here as Citizens Awareness Foundation. As far as I know, he is not a plaintiff in that lawsuit. It appears at this point you're trying to get a free bite at the apple doing discovery in actions where this guy is not even a party, so. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 172 MR. SWEETAPPLE: I think he is. I think he is Citizens Awareness Foundation. That is going to be part of my counterclaim. And when I go on to all the facts I have here, you will see he is Citizens Awareness Foundation and he is not telling me the truth in his deposition. MR. DESOUZA: Well, you're entitled to believe -- MR. SWEETAPPLE: And that's what I'm going to do. I'm going to take discovery to find out if he is or not. And then you will decide on your own. MR. SMITH: Excuse me. A counterclaim will be against Mr. O'Boyle personally? MR. SWEETAPPLE: Yes. And he is a plaintiff in this case personally. MR. SMITH: And it would be on behalf of the Town of Gulf Stream, which has not been sued in this case by CAFI. MR. SWEETAPPLE: It has also been sued by CAFI, and without Mr. Chandler's knowledge or approval. And Mr. O'Boyle and his secretary, it is alleged, have been filing public records requests alleging it's under CAFI when it's him personally. So please allow me to take my discovery, and then you'll be able to look at the sworn testimony Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 173 of witnesses, and you'll be able to learn what has happened in this case; and then you'll come to understand all the claims that we'll be bringing here, okay? So with regard -- MR. SMITH: Of course it would be nice if you'd bring them, before you -- MR. SWEETAPPLE: With this gentleman I don't want to bring anything until I have all my ducks in a row, and all the lawyers I'm working with feel the say way, Mr. Smith. I'm sure you can understand why, because he sues opposing lawyers. He sues people that say things. Mr. O'Boyle seems to sue anybody he can intimidate or bully. So I'm not filing anything until we have all of the discovery. And I'm going to take Mr. O'Boyle as many times and as long as I need to, and the rest of the witnesses, as long as I need to, and we are going to fully litigate all of the matters that involve he, his son, and his son's law firm. Okay? MR. SMITH: Sorry for the interruption. I don't need to be surprised. MR. SWEETAPPLE: So that's what we're doing. Please indulge me. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 174 BY MR. SWEETAPPLE: Q. So in this lawsuit, can you tell me if -- if there is any legal counsel that has been approved by CAFI other than the O'Boyle Law Firm? A. I have nothing to do with CAFI. I'll say it again and I'm saying it the last time. If you ask me again, I won't answer. Q. All right. Let's go through some specifics, then. In January, your son, Ryan Witmer and you met with Mr. Chandler and discussed in writing the forming of an entity to bring public records requests to the O'Boyle Law Firm, correct? A. If you can show me something, I'll look at it and answer you. If not, the answer is I don't recall. Q. And at that time Mr. Chandler was, in fact, staying at your home; isn't that a fact? A. If Mr. Chandler was staying at my home, I do not recall. Q. On January 27th, CAFI was incorporated, and the board was designated to be William Ring, Denise De Larmartini and Brenda Russell, correct? A. I have nothing to do with CAFI, and I'm not going to -- that's the last question I'm answering. Q. Is CAFI a tenant in any building that is owned Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 E:7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 175 by any entity that you control? A. I'm not answering your question. Q. Is CAFI paying rent to any entity that you control? A. I'm not going to answer anymore. Q. CAFI's address, sir, is listed as the same address as Commerce Group; are you aware of that? A. I know nothing about CAFI. Q. Well, how is it that CAFI -- isn't CAFI occupying the same physical space as Commerce Group, sir? A. Not to my knowledge. Q. Okay. Let's take a look. Let's do it in the order I have it. It will save us some time. An entity by the name of Airline Highway, LLC; are you involved in that lawsuit? In that entity? A. I'm not sure. Q. And it has been propounding public records requests, correct? MR. DESOUZA: He just said he doesn't know if he has involvement. BY MR. SWEETAPPLE: Q. Well, you're the manager of the company, aren't you, sir? And your wife is the registered agent? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 I 2 3 4 5 6 7 EN 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 176 MR. DESOUZA: Objection. Form. BY MR. SWEETAPPLE: Q. Isn't that the case? A. I don't know. Q. Let me show you what I'll mark as an exhibit for you. (Defendant's Exhibit No. 7 was marked for identification.) BY MR. SWEETAPPLE: Q. Let me show you a Florida Department of State Division of Corporations printout for Airline Highway, LLC, that is a reinstatement. Date filed 6/21/2006. It says manager, Martin E. O'Boyle, 1280 West Newport Center Drive. And it says the registered agent is Sheila L. O'Boyle, 23 North Hidden Harbor Drive, Gulf Stream, Florida 33483. Please take a look at that. 1280 West Newport Center Drive is the address that you gave me where the Commerce Group is located, right? A. Yes, sir. Q. And the entity that owns that property -- do you own the entity that owns that property? A. I don't understand that question. Q. Do you have an ownership interest in the entity that owns 1280 West Newport Center Drive? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 M- 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Pagc 177 A. I don't know. Q. You don't know? A. No, I don't know. Q. Well -- and you don't know the name of the entity that owns that property? MR. DESOUZA: Objection. Asked and answered. BY MR. SWEETAPPLE: Q. Does Airline -- what is Airline Highway, LLC? A. It's an LLC. Q. What does it do? A. I don't know. Q. Does it own any aircraft? A. No. Q. You're the manager of the company. You don't know what it does? A. Where does it say I'm the manager? Q. Doesn't it say you're the manager, Mr. O'Boyle? A. Not that I can see. Maybe you can show me. Q. Okay. See where it says title "manager, O'Boyle, Martin E. ?" A. Where does it say "title manager ?" Q. "Title MGRM." A. How is that manager? Q. What do you think that is? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 178 A. I have no idea. Q. Managing member. It's an LLC. A. Managing member. Q. Do you know what your title is in Airline Highway, LLC? A. I think I'm a member. Q. And what does this entity do? A. I don't know. Q. Does it have any formal legal documents? MR. DESOUZA: Objection to form. THE WITNESS: I don't know. BY MR. SWEETAPPLE: Q. Does it have any -- does it keep any records, corporate records? A. I don't handle that stuff. Q. Who handles that for this entity? A. Probably either our accountant or my secretary. Q. Which secretary? A. Brenda Russell. Q. So Brenda Russell is your secretary, and she is one of the directors of CAFI? A. I don't know if she is a director of CAFI. Q. I told you who the three directors are. A. That's what you told me. I don't believe you. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 179 Q. So you don't know who they are? A. I just told you I know nothing about CAFI. Q. You don't know that it's -- your secretary Brenda Russell, your attorney /business partner, Mr. Ring, and Ms. De Larmartini, who has been with you for over 25 years, you don't know those are the three people you appointed to run CAFI, allegedly? MR. DESOUZA: Objection to the form. BY MR. SWEETAPPLE: Q. You don't know that? A. You don't know what you're talking about, and I'm not going to answer anymore. Q. So since I don't know what I'm talking about, can you tell me what Airline Highway, LLC was formed to do or what it does? A. I already answered that question. Q. You don't know? A. I don't know. Q. And what do you do for this company? A. I don't think I do anything, but I don't know. Q. Well, it has sent public records requests to me. Do you know why this company or this LLC has sent public records requests to me? A. Because they like you. Q. Okay. And who there likes me? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 180 A. Whoever sent it to you. Q. Do you know who sent them? A. I have no idea. Q. What about CRO Aviation. Are you familiar -- MR. DESOUZA: Did you leave a copy of that on the table somewhere, or did you take it back? MR. SWEETAPPLE: Did I leave an exhibit or no? MR. DESOUZA: I want to make sure I'm going to get a set of exhibits when we get out of here. MR. SWEETAPPLE: Did we mark it? You're right. Seven. Let me mark this as 8. (Defendant's Exhibit No. 8 was marked for identification.) MR. SWEETAPPLE: I have copies of this one. MS. O'CONNOR: Did he give you the cover letter for that one, too? Is 7 with the -- MR. DESOUZA: Seven is just -- MR. SWEETAPPLE: They can have the cover letter, too. MS. O'CONNOR: I gave him 7. BY MR. SWEETAPPLE: Q. What is CRO Aviation, Mr. O'Boyle? A. It's a corporation. Q. And did you cause it to be formed? A. I don't know that I did or not. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 ME 9 10 11 12 13 14 15 16 17 21 22 23 24 25 Page 181 Q. Its principal address is care of Commerce Group, Inc. A. Yes. Q. Is it related to Commerce Group, Inc? A. It has the same address. Q. Are they a subsidiary or a related entity? A. It has the same address. Q. That's all you know? A. That's it. Q. And is CRO Aviation a tenant at that location? A. I'm not really sure how to answer that question, except that the address on all of our entities that I have, that I'm involved in, in the corporate governance is done out of 1280 West Newport Center Drive. Q. Does this company keep a corporate book with minutes and have meetings? A. I don't know. Q. You're the president, secretary, treasurer, right? A. I don't know. Q. Isn't that what this filing says? A. What year is it? Q. This says 2014. 4/28/2014 was the filed date, so within the last four months. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 182 A. Okay. So... Q. What does this company do, Mr. O'Boyle? A. I don't think anything. Q. Does it own any planes? A. Not right this minute, no. Q. Did it own any planes? A. I think it did. I'm not sure if it did. I think it did. Q. What planes do you think it owned? A. I don't know. One of the four I told you about. Q. And are there any planes that you or an entity that you have an interest in, or that you have an officership in, has ever been used to pull banners? Or do you hire planes that you have no interest in? A. You asked a lot of questions there again. Q. When you have flown banners over the Palm Beach County Courthouse during your daughter's case and appeal, did you hire out planes, or did you use planes that you had some ownership interest in? A. First of all, I'm not sure that it was during my daughter's case for the appeal. But I did not use any planes that I had. Q. So you hired planes there? A. To the extent I was responsible for running Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 183 banner planes, they would have been hired, yes. Q. Where did you hire them from? A. I have no idea. Q. Who did the hiring? A. Michelle. The same person I told you last time you asked. Q. Do you know which airport the planes were hired from? sure. A. No. Q. And who do you use now to fly banners? A. I think the same company. I think. I'm not Q. Do you know the name of the company? A. I don't. Q. Who handles the banners you're doing currently? A. Probably Brenda. Q. Brenda, the director of CAFI? A. Brenda Russell. Q. Who is your secretary? A. Yes. Q. And who pays Brenda's salary? A. I don't know. Q. Does CAFI pay Brenda's salary? A. No. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 M- 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 184 Q. Does one of your other entities pay Brenda's salary? A. I think so. Q. Does Brenda serve as director of CAFI for free? A. I'm not going to answer any questions about CAFI. Q. Why is that? A. Because I know nothing about CAFI, and anything I say is a guess and I'm told not to guess. Q. I'm going to see if I can help you in that regard, Mr. O'Boyle. A. Good. Good. (Defendant's Exhibit No. 9 was marked for identification.) BY MR. SWEETAPPLE: Q. Stop Dirty Government, LLC. Are you familiar with that entity? A. The name, yes. Q. That's all you're familiar with is the name? A. That's it, yes. Q. Can I see that when you're done? A. Sure. Q. Thank you. It says you're the manager. It's been in existence since 2011. And do you know the Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 M 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 185 purpose of this entity? A. Yes. It is to deal with the government and hopefully with the name to bring them down a notch or two. Q. Is it for purposes of filing public records requests? A. Not necessarily. It may, but the same way as any entity. Q. Has it filed public records requests? A. I think it has, but I don't know for sure. Q. Do you know how many it has filed? A. I have -- just as I said, I think it has, but I don't know for sure so how could I know how many are filed. Q. And do you know if it's filed any lawsuits, become a plaintiff in any lawsuits? A. Not to my knowledge, but I don't know. Q. And let me show you the next one I'm going to mark, which is Our Public Records, LLC. (Defendant's Exhibit No. 10 was marked for identification.) BY MR. SWEETAPPLE: Q. Did you cause Our Public Records, LLC to be formed? A. I think -- if I didn't, I certainly directed Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 E 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 186 it be formed. Q. Who formed this entity for you? Which person? A. Not a lawyer. Q. Who would you have had in your office do it? A. I really can't say. Q. Was it the same person that formed CAFI? A. I think -- CAFI was not formed. I don't know who formed CAFI, but I can't answer your question. Q. And has that entity issued public records requests? A. That entity, I think it has. Q. And has it been a plaintiff in public records litigation? A. If it has, I know nothing about it. Q. And are you actively managing this company? A. This company is -- we're hoping it will be a big company, and it's in its infancy. Q. What are you intending this company to become big in? A. Public records. Q. Filing public records lawsuits? A. No. Educating the public about public records. Q. And can I see that? A. Sure. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 Page 187 Q. What have you done in that regard with regard to this entity, Our Public Records, LLC? A. We have a website. You're welcome to look at it. It is Our Public Records.com. If you want, we can take a few minute break, you can look at it. I think you would be really impressed. I know you want to thank me. Q. Commerce Group GP, Inc. (Defendant's Exhibit No. 11 was marked for identification.) BY MR. SWEETAPPLE: Q. Who formed this, Mr. O'Boyle? Which individual? A. Don't know. Q. And it says that your wife is a registered agent, correct? A. That's what it says. Q. It says are you the director, president, treasurer, right? A. Well, it says I'm DPT, whatever that is. Q. Isn't that director, president, treasurer? A. I don't know. You tell me. Q. And Stop Dirty Government and you have filed a lawsuit in Palm Beach County, haven't you? A public records lawsuit? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 188 A. I don't know. If we have, we have. Q. You don't know? A. No. Q. Did you ask for any documents along with Stop Dirty Government that you wanted? MR. DESOUZA: Objection to form. THE WITNESS: Not that I can think of. BY MR. SWEETAPPLE: Q. And what does Commerce Group GP, Inc., do? A. I don't know. Q. Why was it formed? A. I don't know. It was formed almost 20 years ago. Q. It has been in existence for 20 years? A. Yeah. Q. What has it done in the last 20 years? A. I don't know. Q. Has it occupied 1280 West Newport Center Drive? A. Yeah. It occupies that building and three more like it. Q. It is in three other buildings? A. No, not at all. Q. Just this building? A. No. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Inc. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 189 Q. Does it have a lease? A. It has that address for the sole purpose of -- the young lady who handles our corporate governance is there. So to have the forms made elsewhere is not a very smart thing to do. So we mail them there. She gets them, and she files whatever forms are necessary to keep them current and in good standing. Q. Is this a company that is engaged in business? A. I don't know. Q. Do you know if it files tax returns? A. I don't know. Q. Do you know if it has income? A. I don't know. Q. Who would know that? A. I don't know. Q. Who is your accountant? A. I don't know. Q. And CG Acquisition Company. (Defendant's Exhibit No. 12 was marked for identification.) BY MR. SWEETAPPLE: Q. Let's mark this as next. What is CG Acquisition Company, Mr. O'Boyle? A. I think it's a corporation by Commerce GP, Inc. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 190 Q. And what does it do? A. Pardon? Q. What does it do? A. I don't know. Q. Is it engaged in moneymaking? A. I don't know. Q. Who formed it? A. I don't know. Q. What about Asset Enhancement, Inc., also showing an address of 1280 Newport Center Drive. What is that entity, sir? (Defendant's Exhibit No. 13 was marked for identification.) THE WITNESS: This is an entity that was incorporated 40 years ago, and I have no idea what it does. BY MR. SWEETAPPLE: Q. Okay. So it's been in business for 40 years, and your wife is a registered agent, and you are the director, president, treasurer, right? A. That's what you say. Q. That's what the document says. A. That's what you say. Q. Okay. And you don't know what this company does, right? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 191 A. Right. Q. And all these companies that you don't know what they do, who manages it? Does someone manage these companies for you? A. Our accountants deal with them, and I don't deal with them at all. Q. And are your accountants in- house? A. No. Q. So who -- what are the names of the accountants that deal with these? A. I don't know. Q. You really don't know your accountant's name? A. I really don't know. Q. You don't know any of your accountants' names? A. Flynn is one of them. Q. What's his last name? A. Flynn. Q. F -1 -- A. I think it is y -n -n. Q. Where is he located? A. Roanoke, Virginia. Q. Who are the accountants for CAFI? A. I don't know. Q. And what about Commerce Group, Inc? Is that a company you're familiar with? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 V 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 192 A. I'm -- yeah. Q. And is that a company that you're actively involved in? A. I don't know. Q. What does Commerce Group, Inc., do? A. I don't know. Q. Are you aware that you're listed as the DPT in the Department of State records? A. No. Q. And the address is the same, 1280 Newport Center Drive. A. That's where we do our corporate governance Kge3V'.� Q. Okay. Is Commerce Group, Inc., your main business? A. No. Q. I'm not going to mark Commerce Group, Inc. I think it's pretty much the same as the others. Let's go to CAFI. Now -- so your son, your son's law firm leases 1286 West Newport Center Drive, right? A. Yes. Q. And that is just for his law firm, right? A. I don't know. MR. DESOUZA: Objection. Form. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 M 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 193 BY MR. SWEETAPPLE: Q. Is there any another businesses that leases that space? A. You asked me, you said that's leased. Q. 1286 West Newport Center Drive, you say there's a door between that space and your offices, right? Your businesses? A. That's correct. Q. And you told me that CAFI is not located in your son's law office space, correct? A. That's correct. Q. And let me show you this statement of change of registered office, or registered agent, for both corporations showing the O'Boyle Law Firm is at 1286 West Newport Center Drive. And this printout is for Citizens Awareness Foundation, Inc., with the same address, 1286 West Newport Center Drive, Deerfield Beach, Florida 33432. And then the help line is 888- 830 -3769. I'm going to mark these as the next two exhibits and ask if you've ever seen either of them before. I'm going to make the statement of change of registered office No. 14; and the sheet that says the Citizens Awareness Foundation change of registered agent Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 194 No. 15. Have you ever seen No. 14 or No. 15 before today? (Defendant's Exhibit No. 14 was marked for identification.) (Defendant's Exhibit No. 15 was marked for identification.) BY MR. SWEETAPPLE: Q. Have you ever seen No. 14 and No. 15 before? MR. DESOUZA: Can I see these? I assume there is only one copy? MR. SWEETAPPLE: Let me see if I have more. I think that's the only one I have of that. MR. DESOUZA: For my own purposes, did you say where this DX15 came from? MR. SWEETAPPLE: I have not said that. I'm asking if he recognizes it. MR. DESOUZA: Okay. I wasn't sure if you said that. Can I ask you to read the pending question back? MR. SWEETAPPLE: Sure. Can you read it back? (A portion of the record was read by the reporter.) MR. DESOUZA: I'll object to form on the compound nature of it. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 iM 19 20 21 22 23 24 25 Page 195 Q. Have you seen No. 14 before? A. No. Q. Have you seen No. 15 before? A. No. Q. Do you know who Ryan Witmer is? A. Yes. Q. And he has left the O'Boyle Law Firm; has he A. He has. Q. Do you know why? A. Yes. Q. And what did he tell you? A. He is in -- before he came here, he was supposed to go and be a lawyer up in New York State. He was supposed to be a partner with a fellow up there. And they -- Matt -- I forget his last name -- and Matt had a great deal of difficulty and was delayed for about a year, and getting a character witness to approve him. So Ryan came to work with us, and then one day he said he wants to do immigration work. Q. So he said to "us ", you mean you and Jonathan? A. Jonathan, not me. He didn't tell me. Q. You actually are involved in the overall law firm, aren't you? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 196 A. No. Q. You fund that law firm, don't you? A. I phone it? Q. Fund it. And you pay lawyers' salaries directly, don't you? A. You mean -- Q. Through your entities; you and through your entities you fund the -- A. You going to let me answer or not? Q. Pardon? A. Do you want to let me answer or not? Q. I'm rephrasing it for you. You or your entities fund the O'Boyle Law Firm through making loans and by making direct payments to lawyers, don't you? A. No. MR. DESOUZA: Objection. Form. BY MR. SWEETAPPLE: Q. And is the Citizens Awareness Foundation located in the same address as your son's law firm? A. Not to my knowledge. Q. Is the Citizens Awareness Foundation located in the building that your entity owns at 1280 West Newport Center Drive? A. I'm not answering anymore questions on Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 197 Citizens Awareness. Q. And on February 5th, did you tell Mr. Chandler to send all litigation to the O'Boyle Law Firm or you will cut off the flow of money? MR. SMITH: Object to the form. THE WITNESS: Not that I know of. BY MR. SWEETAPPLE: Q. On March 22nd, did Mr. Ring and Ms. De Larmartini insist that all cases from Citizens Awareness Fund be sent to the O'Boyle Law Firm? MR. DESOUZA: Object to the form. THE WITNESS: I'm not going to answer that question on the attorney - client privilege. And I've told you, and this is the last time I'm telling you, I'm not going to answer any questions on Citizens Awareness Foundation. I have no knowledge of that corporation and I'm not going to continually go through this. So this ends right here. BY MR. SWEETAPPLE: Q. Mr. O'Boyle, I have to ask the questions on a one by one basis. A. You ask me, I'm not going to answer. Q. You decide that on each question basis and the judge will decide if I'm going to get an answer or not. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 198 A. That's fine. Q. On April 1, are you aware whether or not your son offered to provide legal counsel to Mr. Chandler and handled one of his personal Florida public records requests cases? A. No. Q. Are you aware whether or not in March and April Ms. De Larmartini was present telephonically for law office administration meetings while she was on the board of CAFI, and she went through the entire list of all O'Boyle Law Firm cases while Mr. Chandler was present? MR. DESOUZA: Object to the form. THE WITNESS: I can't imagine she would say that, but... BY MR. SWEETAPPLE: Q. Are you aware that on April 14, your son wrote Chandler and advised him that he was assigning a Florida case to himself to handle? A. Why don't you show me documents rather than just flapping your lips. Q. Well, I see from this lawsuit that apparently you are saying -- the lawsuit alleges that Mr. Chandler deleted all of the -- or deleted CAFI e- mails. Is that accurate? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 0 5 6 7 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 199 MR. DESOUZA: Which lawsuit are we talking about? MR. SWEETAPPLE: Talking about the suit, CAFI against Chandler. MR. DESOUZA: So you're talking about Defendant's Exhibit 6 for clarity of the record? MR. SWEETAPPLE: Six. Yes. MR. DESOUZA: And the question? THE WITNESS: I know nothing about CAFI. And let me say it 100 times in a row and that way we can save you all this time. BY MR. SWEETAPPLE: Q. You wrote Mr. Chandler and asked him to get you the records for CAFI A. Let me see it. Q. -- didn't you, sir? A. Let me see them. Q. I want to know whether you know. A. Let's see them. Q. Mr. O'Boyle. A. Let's see them. Q. You're going to see them. A. Let's see them. Q. You're going to see them, Mr. O'Boyle. Believe me, you're going to see them. Did you write -- Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 200 A. No. Q. -- to Mr. Chandler and ask him to please help in getting all of the records to CAFI back to you De Larmartini so that cases could be filed? A. As I told you before, Mr. Chandler resigned at the earlier part of June. He left a bag, and a letter of resignation. My secretary called me. She said, Joel wants you to call him. I tried to call him moments later. I didn't get him. Either that night or the next day I did get a hold of him. And what he said is, "Everything you need is in that bag." And I -- I wasn't sure if he was even in Florida, as I recall. So that's what I can tell you about the e -mail. Q. Didn't you write him on July 2nd and copy Ms. De Larmartini and Mr. Ring, subject Joel Chandler. And you wrote Joel Chandler and you indicated that the office, our office and the law office are stuck in quicksand since they can't gain access to certain files. And then you went on to say, "It would sure be helpful if you could get them through this, so they could access and use the data. I also understand there are new cases for the month of June that need to be accessed. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IVA 19 20 21 22 23 24 25 Page 201 "As to the new cases, Bill would really like to get those cases to the attorneys as soon as possible. A temporary solution would be for you to send the cases to Denise in the format which has been previously used. That way I can access them and disseminate them." Isn't that what you wrote to Mr. Chandler on July 2nd, 2014? way? A. Can I see? Q. No. I want to know if you remember that. A. I don't memorize things. Q. Does that refresh your recollection in any A. I'd have to see the e -mail. Q. Okay. MR. SMITH: You don't want to show him the document? MR. SWEETAPPLE: He'll see it when he gets the lawsuit we're filing. MR. DESOUZA: The phantom lawsuit we've been talking about for the past 3 or 4 months? MR. SWEETAPPLE: No, there is no phantom lawsuits. We've been working on various lawsuits for about two months, I would say. And I certainly wanted to hear Mr. O'Boyle's testimony before we filed it, and I'm certainly glad I did. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 202 THE WITNESS: Boy, Mr. Sweetapple, that's great. You're going to bankrupt this city. BY MR. SWEETAPPLE: Q. Mr. O'Boyle, that only appears to be your goal, not mine. A. It's not mine, but I'm going to watch you do it. Q. All right. And you put your son in a law office in Broward County and called it the O'Boyle Law Firm before he even had a license to practice law in the state, right? MR. DESOUZA: Objection. Form. THE WITNESS: When you say "right ", you say it with no basis whatsoever. BY MR. SWEETAPPLE: Q. Didn't you? A. You're not an honorable man, so I'm not going to answer those kind of questions. You got something to show me, show me. Q. Your son has been working full -time out of the O'Boyle law office since it opened in Broward County and living at your home full -time, correct, Mr. O'Boyle? A. No, it's not correct. And you have no idea what you're talking about. Q. Okay. Are you aware that he listed in Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 203 Pennsylvania his business phone number was his cell phone number, his 561 cell phone number? A. Ah. He did that? Q. Yes. And are you aware that -- A. What a terrible thing. Q. And are you aware from your cell phone records you can tell where every phone call was made or received? A. Am I aware? No. Q. And has mister -- does your son reside in New Jersey? A. You ask him that. Q. Do you know if he has a voter registration in New Jersey? A. I think he does. Q. And a driver's license in New Jersey? A. I think he does. Q. And that's where he resides? A. I think he does. Q. And has he been working full -time in your offices in Fort Lauderdale? A. I don't think so. Q. And was he ever a partner with Mr. Witmer with regard to the O'Boyle Law Firm? A. I have no idea. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 i r 4 5 6 7 8 9 10 11 12 13 14 15 16 17 lim 19 20 21 22 23 24 25 Page 204 Q. And you were in such a rush to have your O'Boyle Law Firm, that you actually put your son in a position where you opened up an office called the O'Boyle Law Firm in Broward County, Florida, before he became a Florida lawyer. MR. DESOUZA: Object to form. He is not answering these questions. Why don't you ask him something not argumentative or harassing. THE WITNESS: You're just talking nonsense. BY MR. SWEETAPPLE: Q. Well, I guess that's what you call it, Mr. O'Boyle. A. You want to tell me when I impregnated my wife? Q. Well -- MR. SMITH: Marty. MR. DESOUZA: You don't need to engage him in this type of stuff, Marty. Let him be the one that is harassing and making ridiculous questions. BY MR. SWEETAPPLE: Q. You put your son in the position of engaging in unauthorized practice of law, because you solicited him to actually participate in your public records litigation here in Florida. MR. DESOUZA: Objection. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 205 MR. SMITH: Objection. MR. TAYLOR: Objection. MR. DESOUZA: I'm instructing the witness not to answer at this point. If you want to ask -- MR. SWEETAPPLE: In fact. MR. DESOUZA: -- questions that are not closings and argumentive, that is fine. BY MR. SWEETAPPLE: Q. In fact Mr. Giovani Mesa complained to Mr. Chandler in writing that Jonathan O'Boyle had drafted cases and filed them in Mesa's name without Mesa's knowledge or consent, correct? Are you aware of that? MR. SMITH: Objection. Argumentative. BY MR. SWEETAPPLE: Q. Are you aware whether or not -- on 4/28/2014 Mr. Giovani Mesa complained in writing to Chandler that Jonathan O'Boyle was drafting lawsuits in Florida and filing them in Mesa's name without Mesa's knowledge or consent. Are you aware that occurred, sir? MR. SMITH: That statement was made by Giovani -- what is his name? Are you asking him are you aware of that? BY MR. SWEETAPPLE: Q. Yes. That Mr. Mesa complained. A lawyer in Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 206 the office complained to Mr. Chandler that that occurred with your son. A. If that's what he did, that's what he did. Q. Have you heard about that before? A. Never. Never. Q. And on 4/28, Ms. De Larmartini demanded a minimum of 25 new public records request cases a week be forwarded to the O'Boyle Law Firm by Citizens Awareness Foundation; are you aware of that, in writing? A. Was that before he committed bank fraud, or bankruptcy fraud? Q. This is Ms. De Larmartini's writing, sir. A. I'm talking about Mr. Chandler. Is that before or after he committed bankruptcy fraud? Which one? Q. Mr. O'Boyle. A. Which one? Q. I'm not talking about any statement that Mr. Chandler made. I'm talking about a statement that your secretary of over 25 years, your paralegal, the director of CAFI, made in writing. Have you -- were you ever aware that Ms. De Larmartini demanded 25 new public records lawsuits be filed a week for the O'Boyle Law Firm? MR. SMITH: Objection. Argumentative. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 207 THE WITNESS: No. BY MR. SWEETAPPLE: Q. Are you aware that on May 16, Ms. De Larmartini complained that Mr. Chandler only generated 211 cases in 12 weeks? A. No, I'm not. Q. And are you aware of whether or not CAFI has ever had any fee agreements with the O'Boyle Law Firm? A. How much longer do I have to answer about CAFI when I know nothing? Q. Oh, I think you will be answering for quite some time, and I do think you know more than you're letting on to, Mr. O'Boyle. So let's stop playing games and see if you can answer my questions. Are you aware whether or not there are any fee agreements or engagement letters between CAFI, which you are the sole funder of, and the O'Boyle Law Firm, which you are also a funder of? Who are both located in your building. MR. DESOUZA: Objection. MR. SMITH: Objection. MR. TAYLOR: Objection. MR. DESOUZA: Objection. A whole host of objections. Argumentative. Form. THE WITNESS: Who said I was the sole funder Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 M 2 3 4 5 6 7 M 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 208 of CAFI? MR. DESOUZA: I think Bob said that. BY MR. SWEETAPPLE: Q. Who else has funded CAFI, Mr. O'Boyle? A. I don't know. Q. Are you aware of anyone besides you that has provided funds to that entity? A. I know nothing about CAFI. Q. When the law firm collects money when it settles CAFI cases, it doesn't give money to the entity, does it? A. What entity? Q. To CAFI. It keeps all the money it gets when it settles the cases, right? Or does it give you some? MR. DESOUZA: Objection. Form. BY MR. SWEETAPPLE: Q. I'll break it down. In the cases that CAFI has settled against public governmental entities with state contractors, has any money been given to CAFI, your debtor? Let's just say that is all they are for the moment. A. I don't know. Q. How do you expect CAFI to pay you back? A. Money. Q. Pardon? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 our entities. Q. Who, at CAFI, specifically, do you have an agreement with regarding getting repaid? A. I don't think I have a specific agreement laying out with detail a 100 -page note. Q. What was CAFI's profit model where -- you have a 100 -page note, or you don't have a 100 -page note? A. I don't have a 100 -page note. Q. Do you have a one page note? A. No. Q. You have no note. on checks? Do you have loans written Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 209 A. With money. Q. And how are they earning money? A. I didn't ask them. Q. Okay. Who would you have to ask to find out how they're going to pay you back? A. I don't know. Q. What are the terms of their obligations? Is there any obligation to pay you back? A. I think so. We have -- yes. Q. You have any agreement on that? A. I think so. Generally stated, yes. Q. Who's the agreement with? A. I think it's just common knowledge with all of our entities. Q. Who, at CAFI, specifically, do you have an agreement with regarding getting repaid? A. I don't think I have a specific agreement laying out with detail a 100 -page note. Q. What was CAFI's profit model where -- you have a 100 -page note, or you don't have a 100 -page note? A. I don't have a 100 -page note. Q. Do you have a one page note? A. No. Q. You have no note. on checks? Do you have loans written Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 210 A. Maybe. Q. How was this document a loan as opposed to just a contribution? A. How is it a loan? Because I think the parties agree it's a loan. Q. And who are the parties that agreed? A. I guess CAFI and me. Q. Who in CAFI made that agreement? A. I have no idea. Q. How can you have an agreement and not know who it is with? A. Because I think it's common knowledge that I'm not giving them the money. Q. Pardon? A. I'm not giving them the money. Q. Some entity is that you control? A. No. No. They're not getting it free. Q. Okay. A. It's not a contribution. Q. So it's a loan? A. It is a loan, yes. Q. What is the business that CAFI engages in that they could ever repay you? A. Maybe they won't. I'll take a tax write -off. Q. If it's supposed to be a loan, if your intent Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 211 is it's supposed to be a loan -- you're a very sophisticated businessman. A. Thank you. Q. That's what they say at least. A. But you don't believe that. Q. I'm going to keep my beliefs to myself. A. You should. Q. So what I would like to know is whether or not you had any expectation that CAFI had any business whereby it could repay you? A. No. Q. What did you understand the activities that CAFI was going to be; a not - for - profit foundation, right? A. Yes. Q. And what was it going to do to make money? Anything? A. I don't think we've ever gotten that far. Q. You knew that it was only going to be filing lawsuits for your son's law firm, right? A. That's not true. Q. Well, has any other law firm represented it, in any other lawsuits? A. I have no idea. Q. And does filing a public records request give Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 IBM 17 18 19 20 21 22 23 24 25 Page 212 the plaintiff any right to remuneration, other than attorneys' fees and costs by statute? A. Are you talking about remuneration? Q. Yeah, to the plaintiff himself. A. You said enumeration. Q. Remuneration. A. What was your question? Q. Do you understand whether or not CAFI, as a plaintiff in a public records request, would be entitled to any money? MR. DESOUZA: You're asking him for his legal understanding? MR. SWEETAPPLE: To the extent he understands having filed public records requests and funding this entity. THE WITNESS: I don't think I can answer you. BY MR. SWEETAPPLE: Q. Okay. So you don't know if there are any fee agreements or engagement letters between CAFI and your son's law firm? A. I would have no idea. Q. Are you aware on May 28, De Larmartini, again, demanded more cases from Chandler for the O'Boyle Law Firm? A. No. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 213 Q. Are you aware that on 6/2 Mr. Ring denied any authority to send cases to any firm other than the O'Boyle Law Firm? A. I'm not. Q. Are you aware that in June, Mr. Chandler learned that you had been making public records requests in the name of CAFI against Gulf Stream, the Town of Gulf Stream, without his knowledge or consent in doing so in the name of CAFI? MR. DESOUZA: Objection. Form. THE WITNESS: No. BY MR. SWEETAPPLE: Q. And that you were using your secretary, Ms. Mohler, M- o- h- l -e -r. A. No. Q. Did you ever fax or e-mail, using Ms. Mohler, public records requests to the Town of Gulf Stream in the name of Citizens Awareness Foundation, Inc? A. Not to my knowledge. Q. And did you ever direct lawsuits, two lawsuits, to be filed against Gulf Stream in the name of CAFI without the knowledge or permission of Mr. Chandler? A. What period are you talking about? Q. June. May and June. This year. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 214 A. Mr. Chandler already resigned. He resigned in May; the middle of May. So I don't know where you're coming from. I guess he forgot to tell you that part. Q. You believe that Mr. Chandler resigned in May? A. Absolutely. Q. So all his communications after May whatever is no longer -- A. 16th. I think it was May 16. I'm not sure. Q. May 16. A. But I think it was May 16. Q. How do you know that? A. Ms. De Larmartini told me. Q. Was it in writing or orally? A. It was in writing. Q. Didn't Ms. De Larmartini on May 26 ask Mr. Chandler to prepare complaints for CAFI to use? A. No idea. Q. And didn't he refuse to, saying he was not a lawyer? A. Well, I don't know what he said, not being a lawyer. But I can tell you he's certainly practicing law without a license. Make no mistake about that there. I can show you the Complaints that he prepared. Q. So it's your testimony that when Denise De Larmartini wrote Mr. Chandler on May 28 saying "I Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 ds 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 215 understand that we are back to you certifying the Complaints before they are filed," he wasn't working for CAFI? A. Yeah. I don't know that she knew about it at that time. Q. And on May 28 when she wrote him and said, "Joel, I didn't see anything yesterday or today for new cases this week. Were there any ?" He wasn't working for CAFI when she was writing him asking for more cases? A. I don't think that she knew at that time. Q. Didn't Ms. De Larmartini tell you that Mr. Chandler had resigned? A. Well, depends on what time period you're on. In the first part of June my secretary called me up and said Joel was just here, he left a bag full of stuff and a letter of resignation. He left immediately and said he wants you to call him. So that's resignation No. 1. Denise, when she got the information -- Joel refused to give her access to the computer data. She had to hire a computer expert. And when she did the -- how to say it, but they -- they were able to encrypt or unencrypt, whatever, the documentation. And when they did, there was a letter in there of May 15 or 16th saying "I resign." Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 no 21 22 23 24 25 Page 216 Q. And on June 9, Ms. De Larmartini was talking to Mr. Chandler about him hiring his son to assist in conducting electronic audits of state and local agencies. A. Yes. She must not have known by then. Q. Who did know? A. Mr. Chandler. I mean, he is a crook. Q. And -- well, Mr. Ring was talking about Mr. Chandler bringing in his son to work for CAFI in June, right? A. They never knew that he was a crook until they found out he was a crook. MR. DESOUZA: Bob, just so I'm clear, you're asking him about his knowledge of conversations or e -mails between people that he is not one of, right? MR. SWEETAPPLE: Not necessarily. MR. DESOUZA: I think you're referring to e- mails. You're not showing us the e -mails so I can't say what the e -mails are, but if he's not on these e- mails, you're asking him whether he knows the existence of these e- mails, the existence of these conversations? Is that what you're asking? All right. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 217 BY MR. SWEETAPPLE: Q. And did Mr. Ring try to assure Mr. Chandler on June 16th that he believed that the O'Boyle Law Firm was free to exercise their legal business judgment as to the amounts of a particular settlement; that he didn't have to worry about the amount of attorneys' fees that were actually incurred? A. I don't know what Citizens Awareness Foundation, Inc., did. Now, how many more times do I have to tell you that before you get it through your skull? Q. And on June 19, Ms. De Larmartini copied Mr. Ring re: CAFI. And said, "Bill, I intend to resign from CAFI and make the following replacements. Cathleen Flack (phonetic) a Commerce employee. Peter Delio (phonetic). He is a trusted friend and contractor we use. Joel Chandler. We would like to have him as president /director. Brenda Russell, Commerce employee will remain as member. Do you see any problem with this? If not, could you please send me the proper form to amend the organizational documents." You were unaware of that communication? A. I'm not answering. Q. On June 27th when Mr. Chandler wrote Nick Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 218 Taylor the following language, Nick -- on June 27 he was not an employee of CAFI, right? Is that your testimony? A. I'm not answering any questions regarding Q. "Nick, I'm writing this e-mail to memorialize our telephone conversation this morning. As we discussed, I was contacted by the defendant in the case referenced above. He expressed his regret in his failure to properly respond to CAFI's PRR, and asked for our help in better understanding his obligations under the Public Records Act. He also explained the dire financial condition of his organization and said he instructed his attorney to offer to settle the matter for $1,500. "In our conversation this morning, I understood from you that the O'Boyle Law Firm has about $1200 in costs and fees in the case up to this point. I also understood that you have been instructed by Jonathan O'Boyle to demand $3800 to settle the case. "If such a demand is accepted by the defendant, that would create a windfall of about 26 beyond actual fees and expenses. During that telephone conversation, I expressed in unequivocal terms my objections to such an arrangement. Until I received the telephone call from the defendant yesterday, I was Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 219 unaware that any settlement discussions were taking place with the defendant. "I did not authorize any such discussions, nor did I approve in any way the demand for payment of any kind, much less demand for payments far beyond the actual fees and expenses billed by the O'Boyle Law Firm. "In sum, I understand that you were directed to make the aforementioned settlement demand by Jonathan O'Boyle, and I have not and do not approve of such demands. Please confirm your receipt and understanding of this e- mail." And Mr. Taylor -- that was at 11:05 a.m. Mr. Taylor responded to Mr. Chandler, "This e-mail is to confirm our conversation today and to reiterate that all offers of settlement are made pursuant to the policies of the O'Boyle Law Firm." Were you aware of any of that communication? A. I'm not answering any questions regarding CAFI. MR. SMITH: For the record, I object to the question as argumentative. BY MR. SWEETAPPLE: Q. So after -- after you saw the motion to disqualify your son's firm, which argued the O'Boyle firm is not a lawful interstate law firm, how is it that Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 220 a meeting was called with Mr. Ring and my co- counsel, Joanne O'Connor and Mr. Randolph? A. Mr. Ring and I spoke and we said this is -- MR. DESOUZA: Hold on. You said this to each other or you said this to opposing counsel? THE WITNESS: We said it to each other. MR. DESOUZA: You shouldn't reveal the substance of any conversation between you and Mr. Ring. BY MR. SWEETAPPLE: Q. Was Mr. Ring serving as your attorney at the time? A. Yes. Q. Even though he wasn't counsel of record on any of the cases? A. I'm not going to answer that question. Q. Well, he -- you just don't know the answer to that question? So you spoke to Mr. Ring. And then who communicated with either Ms. O'Connor or Mr. Randolph? A. I believe that Mr. Ring called Skip Randolph and asked for a meeting with him, Ms. O'Connor and Mr. Stubbs. And Skip Randolph got back to him, either later that day or the next day. I just don't remember. Q. And was there any discussion about including Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 Page 221 me at the meeting? A. No. Because we knew you were a troublemaker, and we knew having you there is like having cancer of the face. Q. Okay. So even though I was the attorney that drafted the motion, you decided you did not want me there. A. Well, the motion was so full of lies, that to have you there would have been unproductive. And then, of course, obviously, when we gave the whatever, the 157 memo, Ms. O'Connor, I think she saw that discretion was the better part of valor, and she dismissed her claim. Q. And you think that that was dismissed because the claims regarding the unauthorized practice of law weren't being pursued? A. Yes. Q. So you think that the law firms involved with the city have just ignored the facts that we've learned in this proceeding? A. I have no idea what you just said. MR. DESOUZA: Object to form. BY MR. SWEETAPPLE: Q. Never mind. A. Good. Q. Now, you wanted to have Sid Stubbs at the Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 222 meeting, right? A. Yes. Q. And Mr. Ring told Ms. O'Connor that it would not be a good idea to have me at the meeting, right? A. No. I believe he told that to Skip, but I wasn't on the phone, so I don't know. Q. Did you prepare any memorandum at the time of this meeting? A. The answer is yes. Q. And you have notes? A. Yes. Q. And did you write them yourself? A. Yes. Q. And did Mr. Ring prepare any notes? A. I don't know. Q. And you showed up at 2:00 o'clock with Mr. Ring, and Ms. O'Connor asked if it was -- if she had the -- or Mr. Randolph asked whether or not they had the right to speak directly to you and whether permission was received from the O'Boyle Law Firm, right? A. No. Q. So Mr. Randolph didn't ask if it was clear that we have the right to speak directly to Martin O'Boyle and whether permission was received from the O'Boyle Law Firm; and Bill Ring said, Yes. He checked Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 223 with the O'Boyle Law Firm and they gave that authority. Did that occur? A. Not to my knowledge. Q. Okay. And Mr. Randolph indicated I would need something in writing from them, and he said he would get that and send it to me by e-mail. MR. SMITH: Excuse me, objection. I think it's ambiguous what you're reading from, because -- MR. SWEETAPPLE: Let me make it clear. That is a good objection. I'm sorry. MR. SMITH: Thank you. BY MR. SWEETAPPLE: Q. Did Mr. Randolph say to you that he needed something in writing that the O'Boyle Law Firm gave Mr. Ring the permission for him and you to speak directly with Mr. Randolph? A. No. Q. And then did you ask the next question, "Are these settlement negotiations, and does everything stay in this room ?" Did you ask that? A. No. Q. And did Mr. Randolph indicate that if there's truly settlement negotiations and not discussion relating to future litigation or threatened activity that it would be privileged communications; did he ever Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 224 say that to you? A. Can you read that back again? Q. Did Mr. Randolph say if they are truly settlement negotiations and not discussions relating to future litigation or threatened activities, that it would be privileged communication? A. No. Q. So Mr. Randolph didn't say that to you? A. No. Q. And did he say, "I advise, to the extent they are settlement negotiations, even those could be shared with our client and with other members of our law firm." Did he say that to you? A. I think he did. I think he did. Or some -- or something akin to that. I think so. Q. Did you say, "Well, you can't go to the Palm Beach Post," and Mr. Randolph responded, "Yes." A. Responded what? Q. Yes. You said you can't go to the Palm Beach Post. A. He responded yes. Yes, I did. Q. Yes. Yes. Based on the fact if there are going to be settlement negotiations, not discussions about future litigation or threats. A. I'm still confused. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 FIR a 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 225 Q. Did you ever mention the Palm Beach Post during this? A. No. Not that I remember. Q. And did you begin by dropping the motion that Joanne and I filed, and asking whose brain child was this? A. I threw them both on the table and I said, "Whose brainchild was this ?" Q. Did you do that? A. Yes, I did. Q. And Mr. Randolph said it was signed by, both, our firm and the Sweetapple firm, right? A. Yes. Q. And you asked if I felt -- if Mr. Randolph felt it was appropriate to bring family into this dispute. A. I don't remember that. Q. And did he -- then did you say that once we have attacked his family that we have crossed the Rubicon; that the damage has been done and there was no way to rectify it. A. Can you read -- Q. Did you say at the meeting -- A. Can you read the prior statement back along with that, please? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 226 Q. Did you indicate that once we have attacked his family, that we have crossed the Rubicon. Did you ever state that? A. I said can you read the prior, and that. Q. You asked whose brainchild was this when v[.r� A. After that. Q. Okay. And you asked if I felt it was appropriate to bring family into this dispute. Did you ask that? A. I thought you said Mr. Randolph said that. Q. No, you said that. You asked if he felt it was appropriate to bring family into this dispute. A. I never said that. Q. Did you ever say that once we have attacked his family, we have crossed the Rubicon; did you ever say that? A. Whose family? Q. Your family. A. No. Q. And so you never said that we have crossed the Rubicon? A. I don't recall saying we crossed the Rubicon. Q. Did you ever say the damage has been done, there was no way to rectify it. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 227 A. No. Because we went there and we made it clear we were there for settlement purposes. And the only reason we would be there for settlement purposes would be to rectify. Q. What were you trying to settle? A. Whatever case was there and whatever cases we could, and your -- what is it called -- the motion that you prepared. And when we tried to do that, it was clear that Ms. O'Connor never even read it. Q. She never read the motion? A. Never read the motion. Q. Did she tell you that? A. No. You can tell because I asked her a couple of questions on there. And she -- I thought it was pretty clear that she didn't read it. And Skip Randolph, I think he acknowledged -- my recollection is that he acknowledged he didn't read it. Q. Skip Randolph said he didn't read it? A. I said I think he acknowledged he didn't read it. I think I said to him, "Skip, did you read this piece of junk ?" Q. And then you asked if I had children. You asked Mr. Randolph if he had children, right? A. No. Q. Did you -- Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 228 MR. DESOUZA: Bob, hold on. Just for my purposes, are you representing these are quotes in the transcript? MR. SWEETAPPLE: Yes. These are -- this is Mr. Randolph's memo, and I have Ms. O'Connor's memo, exactly what was said at this meeting. MR. DESOUZA: I didn't know if you were representing these as quotes. BY MR. SWEETAPPLE: Q. You asked whether Mr. Randolph had children, right? And he indicated, yes, he did. A. Well, again, you have to look at it in the context. You can't take it into context. What I said to him is something like, it's a shame that we have to get the children involved. It's a shame. And what Skip said to me is, Well, your son is different. He is the one who's the plaintiff in these cases." And what I said is, "Well, if he's a plaintiff in these cases, what does that have to do with trying to take his license away from him? What does that have to do with that ?" Q. Your son is not the plaintiff in the case, is he? He's a lawyer in the law firm. A. No. What he was saying is that he -- in other Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 229 words, his firm -- and it was made very clear to me then, it is very clear to me now that you want to go after my son because you can't handle big daddy. Q. Mr. O'Boyle. A. We'll see. Q. Mr. O'Boyle, did you ever say that you had millions of dollars, and you would be willing to spend millions of dollars in responding to this issue? A. Never. Q. Did you say if you think you've seen a lot of activity from them now, you haven't seen anything yet? A. I've seen a lot of activity from -- Q. If you haven't -- if you think you were seeing a lot of activity, you haven't seen anything yet. A. No. Q. And did you say -- did you ask Mr. Randolph if he has a wife? A. I don't think so. Q. And Mr. Randolph responded "yes." A. Could be. Q. And then you said that your wife was going to bed each night crying and how she got up this morning and suggested that Marty hire a slew of private investigators. Did you ever make that statement that your Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 230 wife was going to bed crying at night and suggested that morning that Marty hire a slew of private investigators? A. She did -- she was going to bed at night crying, yes, because of your activities. Now, as far as private investigators, I don't really recall that. I really don't. On the other hand, my opinion, it may not have been a bad idea. But certainly we didn't do it. Q. And did you then say to Mr. Randolph, you needed to only hire two private investigators because you have two targets? A. Who were the two targets? Q. Did you ever say you only need two private investigators because you have two targets? A. I don't think so. Q. He asked you what you meant by that, and you refused to explain. Did that occur? A. My recollection is there were a couple of points during the discussions that he asked me -- that he asked me, and that I didn't answer him. But I don't remember it here about two PIs. Q. Did you ever make reference to any of the attorneys' daughters? A. No. I asked Miss -- I'm going to say Ms. Morgan. I'm sure that's not it -- who's the girl sitting next to you? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 231 MR. SMITH: Ms. O'Conner. BY MR. SWEETAPPLE: Q. The one you said lied in federal court? A. Yeah. Her. Q. You don't know her name? A. I just told you no. Q. And what lie do you believe she said to Mr. Middlebrooks -- Judge Middlebrooks. A. She can read the -- she or Mr. Thrasher can read the transcript. And now -- and if I get a chance, if you'd like, I can read the transcript and I would be glad to send it to you, Mr. Sweetapple, if counsel will allow me to do so. Q. I'm sorry. You said she lied to Judge Middlebrooks. A. Yes. Q. Can you tell me what the lie was that you've made such a terrible assertion of this member of the bar? A. Yes. Of that member of the bar she lied to a federal judge. What she said is that the town allows these type of signs, and I don't remember exactly what type of signs. But the town does not allow those type of signs, and she lied. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 232 Q. So she had an opinion of the law as to what the town allowed, and you said that's a lie? A. No. She didn't have an opinion on law. Q. She was giving her opinion on what the town allowed. A. That's what you said. Q. That's what you just said. I'm just quoting you. MR. DESOUZA: I don't think he said the "word opinion of law." Why don't we just move on. BY MR. SWEETAPPLE: Q. And you indicated earlier that I have defamed you. How have I defamed you? MR. DESOUZA: I don't recall him saying that, but... BY MR. SWEETAPPLE: Q. You did. You said I defamed you and you sued me for defamation. Tell me how I defamed you. A. Do you have the Complaint? Q. You tell me how I defamed you, please. A. I want you to read the Complaint. Q. Can you tell me? A. I'm not going to. Q. You don't know? MR. DESOUZA: That's not what he said. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 233 THE WITNESS: You read the Complaint. BY MR. SWEETAPPLE: Q. Is there something you believe I said about you that's untrue, Mr. O'Boyle? A. You're going to read the Complaint and you will find out. Q. So you can't tell me as you sit here? A. I just told you -- MR. DESOUZA: That's what he said, Bob. BY MR. SWEETAPPLE: Q. Did you ask Ms. O'Connor whether O'Connor was her maiden name? A. Yes, I did. And the reason I did, just -- I don't think I asked her what her maiden name was. We had run a Lexus -Nexus report, and it showed the name like Boecker, B- o- e- c- k -e -r. I asked Ms. O'Connor -- I got her name right that time -- I asked Ms. O'Connor if Boecker was her maiden name. She said, "No, that was my first husband's name from my first marriage." That's where that came from. Q. Did you ever tell Ms. O'Connor and Mr. Randolph that the pleading that was filed was quote, a piece of shit, it was full of shit and that, you, Mr. O'Boyle would get back at us for it. Did you ever Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 say that? A. No shit. it? Page 234 But I'm certain I said it was a piece of Q. Did you ever say you would get back at us for A. Never. Q. So Mister -- A. I certainly had plenty of time since then. Q. So Mr. Randolph is not telling the truth in his memo here. A. I have no idea what Mr. Randolph is -- wrote, didn't write, says, didn't say. I'm just telling you what I know. Q. Did you ever say that you're not a violent man; and that you've never been in a fistfight and you've never touched anybody, and hold up your hands while you said that? A. Exactly. Let me give you the context of that. I said, "Why do we have to get the kids involved? It's crazy to get the kids involved." I said, "The problem is, somebody is going to end up getting hurt." Q. Well, you -- A. I said, "Now, I don't mean violent, because I've never touched anybody with these hands. Never Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 235 touched a human being with these hands." And that's the extent of the way the conversation went. Q. You got your son involved by having him move a -- allegedly Pennsylvania law firm into your building, and feed him hundreds of cases in a foundation that you were funding, right? MR. DESOUZA: Objection. BY MR. SWEETAPPLE: Q. Didn't you get him involved? MR. SMITH: Objection. Augmentive. MR. DESOUZA: Objection. Asked and answered. He is not going to answer it again. BY MR. SWEETAPPLE: Q. You called me a criminal with regard to the way I treated your son. Do you think that the way you've treated your son is appropriate here, Mr. O'Boyle, or are you ashamed by what you've done? MR. TAYLOR: Objection. Argumentative. MR. DESOUZA: Objection. Argumentative. BY MR. SWEETAPPLE: Q. Do you realize that you have put your son in an untenable position by having his firm serve as your attorney so that your animosity and hatred and vindictiveness can be served? MR. DESOUZA: Hold on. Objection. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 236 Argumentative. MR. SMITH: Don't answer that question. MR. DESOUZA: Marty, hold on. MR. SMITH: Really, Bob. MR. DESOUZA: Why don't you ask him an actual question and answer instead of your argument asking if you agree with it. THE WITNESS: He can't. BY MR. SWEETAPPLE: Q. Did you tell Mr. Randolph and Ms. O'Connor that you had properties in Gulf Stream and that you were going to turn them into sober houses? A. No. This was towards the end of the discussion. And I don't remember exactly, but I remember I used the word "landscaper." And Skip Randolph went like a rocket in the air, and he said, what have you got against landscapers? What is wrong with a landscaper? I said, "Whoa, whoa. Nothing is wrong with a landscaper. But you wouldn't hire a landscaper, as an example, to do brain surgery." And then as we neared the end, I said, "you know, maybe what I'll do is this. Maybe what I'll do is just go ahead and put a sober house in the town, and that will be it." Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 237 When I said that, the meeting abruptly ended. They made it clear to me that handicapped people in the Town of Gulf Stream, they better not show up there, because they're not going to go anywhere, so... Q. What did they say to you? Who said what to you on that? A. Mr. Randolph and Mr. Morgan and Mr. Thrasher. They clearly -- Q. At this meeting -- this meeting was -- A. This meeting. Q. We're talking about a meeting that took place on June 4th between four people. A. Right. Q. And you were describing that to me and all of a sudden you went into this -- A. What do you want to know? Q. -- fantasy. I would like you to stick on the topic. A. It's not a fantasy, sir, and don't -- don't start. Q. Mr. O'Boyle, you were talking about a meeting with four people. Okay? And I asked you whether or not you said that you were going to turn properties in Gulf Stream into sober houses. What was said in response to that? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 ME 9 10 11 12 13 14 15 16 17 OHM 19 20 21 22 23 24 25 Page 238 A. And I answered your question. Q. Did Ms. O'Connor or Mr. Randolph respond to that? A. Mr. Randolph told us to leave the building. He said, "This meeting is over. Leave the building." Q. And didn't you bring up the fact that Bill Thrasher was supposed to be fired? A. Bill Thrasher was certainly supposed to be fired. He was supposed to be fired. I may have -- I don't know if I brought it up at that meeting, but John Worthline wanted to fire you. George Elmore. Tom Ladony (phonetic). Marty O'Boyle. Jonathan O'Boyle. That's five. And heck, I can't remember the other two or three. Q. At that meeting on the 4th of June, did you say that you wanted Mr. Thrasher fired? A. No. What I said was -- and I don't know how we got on the subject. But we were talking about the agreement we currently have. And he said, you breached it. I said, breached it? What do you mean I breached it? How could I have breached it? You breached it. He said, how did we breach it? And I told them that you were supposed to fire Bill Thrasher. Joan, George Elmore, Tom Ladony, myself, Skip Randolph, my son, and one or two others. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 nM 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 239 He said, "Well, you know that Joan doesn't have the authority to do it on her own. She has to come to the commission." I said, "Yeah, I do know that." He said, "Well, then, how could there have been -- how could we breach the settlement agreement ?" I said, "She never tried. She never even tried." Q. So you want Mr. Thrasher fired. A. Oh, yeah. I would love to see him fired. He should be fired. Q. That's one of your goals. A. Well, I wouldn't say it is one of my goals. I think he should be fired to save the town a fortune. Q. That was one of your platforms when you ran for office, right? A. Pardon? Q. That was one of your platforms when you ran for office? A. Same as Mr. Morgan. Me and Mr. Morgan, same thing. He said Mister -- Maybe it's time for Mr. Thrasher to do his victory lap. Maybe his time has passed and so on and so forth. So don't let him kid you. Q. So you made it -- it's your desire to have Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 240 Bill Thrasher fired, right? MR. DESOUZA: Objection. Asked and answered. BY MR. SWEETAPPLE: Q. You've publicly stated repeatedly that you goal is to have Mr. Thrasher fired, right? A. Never. No. Q. And you, at this meeting, stated that you believe that the town was obligated to fire -- breached a settlement agreement to fire Mr. Thrasher. A. I said they breached the settlement agreement by not firing Mr. Thrasher. That's exactly what I said. Q. Is there any written settlement agreement that required Mr. Thrasher to be fired? A. No. But if you want to say George Elmore has no credibility; you want to say that Skip Randolph has no credibility; you want to say that Tom Ladony has no credibility. I'm sure you will say I have no credibility. But there are a few others as well. Q. And immediately after leaving this meeting, did you -- strike that. Did you have permission from the O'Boyle Law Firm to participate in this meeting on June 4th? A. Yes. Q. And who gave you that permission? A. Bill Ring. I was with him. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 [7 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 W Page 241 Q. Bill Ring was not at the O'Boyle Law Firm at that time. He was not a member of the law firm. A. I think he was. Q. When did he join the law firm? A. You have to ask him. Q. I'll look at my chronology and I'll tell you. (Discussion held off the record.) A. I'm talking about cabs. MR. DESOUZA: It's going to be hard to converse with you and take it down at the same time. BY MR. SWEETAPPLE: Q. And is Mr. Ring employed by the O'Boyle Law Firm now? A. To my knowledge, yes. Q. And he gets remuneration from them? A. To my knowledge, yes. Q. None of your entities employ him directly? A. I don't think so. But I don't know. I mean, again, I don't know. Q. And on June 19, didn't Mr. Ring e-mail Mr. Chandler and indicate he was going to become a partner in the firm, June 19? A. I don't know. Q. So when you were at this meeting, was Mr. Ring Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 242 a member of the O'Boyle Law Firm or not? A. Was what? Q. Was Mr. Ring a member of the O'Boyle Law Firm or not on June 4th at that meeting? A. I'm assuming he was. If not, I'm assuming he would have spoke to the appropriate people. Q. And -- A. Whoever they may be. Q. What settlement offer did you believe you made at this meeting? A. Well, I think it was a sort of a global kind of settlement to talk about what do we have to do. The first thing we did is we went in and we said -- I said this meeting is for settlement purposes only, and for no other purpose. And Mr. Randolph, said, well, wait a minute now. What if, you know, we talk about something else? And I said, well, of course we're going to talk about something else. I mean, we may digress and talk about what we had for dinner last night. This is a settlement conference. And then he and Bill Ring went back and forth quite a bit. And then I said to Bill, are we resolved? And he said, yes. And that's when we started the meeting. So if Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 243 not, I would have never -- I would have walked out of the meeting. I would never have went into the meeting without it being a settlement conference. And what we did, I think the first thing we talked about was your -- I don't know what you call it, your motion. And we explained that it was a bad motion; that there was no factual basis to it, and we were going to -- if we didn't already. When I said "we ", I don't mean me as a lawyer, I want everybody to know that. "We", meaning I was there; that we were going to file a 157, whatever it is called, sanction. (Interruption.) THE WITNESS: 157 sanction. And what we'd like to try to do is get rid of this thing. And then once we do, to talk about some of the other things and how we might resolve them. And as I recall, the way Joanne had signed this, and she looked like she had buyer's remorse, but I can't tell her facial expressions. But we filed the sanctions, for sanctions, and her and Skip withdrew the motion. Because I think what happened was Skip probably said, what is this all about? And guessing now -- I shouldn't -- but in any event, that was sort of the way it went. We talked about Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 244 the children, getting the children involved, which is just plain stupid to get the children involved. After all, your daughter is going to be a lawyer very soon. How would you like if I put a private detective on your daughter? I wouldn't do it and I won't do it, but how would you like that? BY MR. SWEETAPPLE: Q. If my daughter engaged in the activities that you and your son had engaged in, I would expect that appropriate ramifications would occur. We have laws in this state with regard to who practices law, how we practice law -- A. How we get DUIS. Q. Right. Exactly. MR. DESOUZA: You don't need to make statements back and forth. BY MR. SWEETAPPLE: Q. Mr. O'Boyle. MR. DESOUZA: Just questions and answers. BY MR. SWEETAPPLE: Q. Mr. O'Boyle, you're the one that put your son in this position, not me. A. You already told me that. Q. And I'm sure it will be like your daughter's DUI, the whole world will responsible but not you Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 245 because you're never responsible. MR. SMITH: Bob -- objection. MR. DESOUZA: Objection. Let's take a break. At this point there is nothing beneficial going on here. MR. SWEETAPPLE: Let's take a break and as long as you need. I'm about to go into the motion to disqualify and the motion for sanctions and the specific evidence. MR. DESOUZA: Great. THE VIDEOGRAPHER: The time is 4:20 p.m. We're going off the record. (At 4:20 p.m. a brief recess was had.) THE VIDEOGRAPHER: The time is 4:36 p.m. We're back on record. BY MR. SWEETAPPLE: Q. All right. As far as this meeting that occurred on June 4th, did you or Mr. Ring make any settlement proposal? A. Yes. In a general way. Q. What did you propose? A. We proposed, first of all, to get rid of that motion; the one that we said, "whose brainchild was this." And then we talked about the other -- I think we talked generally about the other lawsuits. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 Page 246 Q. What proposal did you make to settle? A. I think we talked about resolving and getting rid of the motion as a condition precedent to then going in and talking about the various record suits. Unfortunately, we didn't get beyond that part. Q. So there was never a formal settlement offer made by either side? A. I wouldn't say that. Q. Was there a formal settlement offer made by either side? A. I think so. Q. Who made a formal offer? A. I think we did. Q. What did you offer to do to settle -- to settle all the cases? A. I think what we said was that this motion is a piece of garbage. Q. You said it was a piece of shit, actually. A. Piece of shit. You're right. I did say it was a piece of shit. I'm glad you recognize it as such. Q. I don't. I don't think the people that review this are going to recognize it as that either. A. Okay. But in any event, we talked about getting rid of that. And then we talked about, I think, how many other suits there were pending. And let's see. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 247 If we can get rid of this and let's address that. Q. And so you were unable to meet the condition precedent, correct? A. No. No. You were unable to -- unwilling to meet the conditions precedent. Q. When you say "you ", you're talking about Mr. Randolph and Ms. O'Conner? A. Yes. Uh -huh. Q. So you never got to the issue of a global settlement? A. Well, I wouldn't say that. I would say that we started off talking about the motion. That's where we started. And then you sort of migrate, and sometimes after that happened, there's no telling where it would have went, this way, that way, the other way. This was the main event in our eyes. Q. So you wanted to get rid of the motion? A. Yes. Q. What were you willing to do if they got rid of the motion to settle the litigation? A. Well, they were willing to -- hopefully, figure out a way to get rid of the records suits. Q. All the lawsuits? A. Well, I don't know, because we didn't get that far. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 248 Q. Well, did you have a proposal in mind when you went to that meeting to settle? A. I think we -- the proposal that we had in mind was to start with that motion. And that's exactly what we did. Q. You wanted the motion to be withdrawn and then you were going to just discuss settlement? A. That's the way that I'm familiar with how you make a settlement. Q. Well, normally you have a proposal in mind. What was your proposal to settle all the cases? A. Normally you may have a proposal in mind. I do it my way, you do it your way. I told you the way I do it, and let's move on. Q. I'm just trying to understand what happened because I haven't heard of a settlement proposal from you and I haven't heard a settlement proposal recounted in your testimony from Ms. O'Connor or Mr. Randolph. I heard you call it a settlement conference. Were there any proposals made by either side to settle the litigation? A. We made it clear that when we got there, that the meeting was for settlement purposes only and for no other reason. No other purpose. And then we talked about the motion, and then it meandered a little bit Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 249 here and there. And then when it was clear that the motion was not going to be resolved, then we talked about some other things. And then Mr. Randolph, when we talked about handicapped people, he -- he shocked me. Handicapped people and landscaper. He just shocked me. Q. How did he shock you? A. He asked us to leave. Shocked me. I mean, I would never expected a Jones Foster lawyer to discriminate against handicap people like that. Q. What did he say to you that you thought was a discrimination? A. I'm trying to think for a second. When I raised the sober house, I said, well, maybe what I'll do is just put in a sober house down there. And he just said, This meeting is over. Go ahead and leave. It's over." Q. That's all that happened? A. Well, no. It was -- the meeting probably lasted an hour and 45 minutes. Q. I'm talking about the subject of you said he discriminated against handicapped people. Did he say something? He just said the meeting is over? A. Well, no. But it was based upon a sober house which is handicapped people. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 M 2 3 4 5 6 7 8 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 250 Q. Well -- and you think that he didn't just terminate the meeting because it was clearly your only reason for being there was to try to intimidate and make demands? MR. DESOUZA: Objection. THE WITNESS: First of all, I didn't try to intimidate. Secondly, I didn't try to make demands. Thirdly, if either of those two were his, that was his goal, he would have said it long before I ever raised the word sober house. BY MR. SWEETAPPLE: Q. And had you been thinking about opening sober houses before that meeting? A. I had been thinking about it, and thinking as we sit here right now. Q. Okay. And were you threatening that to the town to try to get them to do something? Why did you say that? A. I just said it. Q. Was it a threat? A. No. Q. Why were you bringing that up at that time? A. I'm not sure. We may have -- we talked about something in advance to that. And I remember a landscaper. I raised a landscaper. So I don't Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 251 remember, but that is my recollection of what happened. Q. Were you threatening that you were going to open a sober house if the town didn't stop pointing out the allegations regarding your son's law firm? A. Well, it has been four months. Have I opened up a sober house? Q. Well, let's talk about that. Two days later after the meeting you went to the town and gave them a letter. If you'll mark this next, please. (Defendant's Exhibit No. 16 was marked for identification.) BY MR. SWEETAPPLE: Q. The next date, June 5th, you had a banner flown, didn't you? A. I don't know. Q. Well, didn't you have a banner flown that says "Jones Foster clients check your bills ?" A. I think I had a banner flown that said that. I don't know if it was the next day. Q. Well, you don't -- did you -- are you the one that arranged that banner? A. Indirectly, yes. Q. Indirectly, you mean you told someone to do it? A. Yes. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 min 2 3 4 5 6 7 8 9 10 11 IM 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 252 Q. Who did you tell to do it? A. I don't know. Q. And what airline, what company did it? A. I don't know. Q. And who wrote the language, "Jones Foster clients check your bills ?" A. Probably me. Q. And why did you have a banner that said, "Jones Foster clients check your bills ?" A. I thought, and I still think, that this whole crowd is out of control. Jones Foster's bills went from 3 or 4,000 a month, to 50 -- 45, 50,000 a month, which is awful high. And I think it is good for the people, good for the town, good for everybody, for people to check their bills. Q. Weren't you implying that Jones Foster clients were being ripped off in their billings? A. No. You must -- you have a dirty mind. Q. Isn't that a normal -- you said clients, Jones Foster clients. You didn't refer to the town. You referred to their clients. A. Yes. Q. So you wanted their clients to check their bills? A. Yes. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 253 Q. You don't think it's a reasonable interpretation that that is an implication that Jones Foster somehow is overbilling their clients? A. No. Q. And you didn't intend to create that impression when you had that banner flown? A. No. Q. So a jury shouldn't reasonably think that that was a statement implicitly that Jones Foster is, in its bills, ripping off its clients? MR. DESOUZA: Objection to form. THE WITNESS: No. Not at all. BY MR. SWEETAPPLE: Q. And then the next day you had a banner flown up and down Palm Beach County; are you aware? A. No. Q. Do you remember it? A. No. Q. Do you recall there was a bar installation meeting at the Breakers? A. No. Q. And you had a banner fly that said "JF don't drink and drive, we'll be watching." Do you remember that? A. I remember the banner. I don't remember it Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 254 even going near the Breakers. Q. Well, did you direct -- do you direct where these banners go, where the planes fly? A. Generally stated I would say yes. Q. So where did you -- who do you talk to about where you want the planes to fly? A. My secretary. Q. Okay. And where did you say you wanted the "JF don't drink and drive we'll be watching" banner? A. I don't remember. But it was between point A and point B. Q. So you don't remember the specifics of it? A. No. Q. And what about the "Jones Foster clients check your bills." Did you give her a geographic area for that? MR. DESOUZA: Object to form. BY MR. SWEETAPPLE: Q. A geographic area to have the planes fly? A. Yeah. The answer is -- I don't recall. I mean, I just don't recall. Q. And on June 6th, that same day that you had the "JF don't drink and drive, we'll be watching you," you were doing this out of anger because Jones Foster wouldn't dismiss the motion regarding disqualifying the Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 255 law firm, right? MR. TAYLOR: Object to form. MR. DESOUZA: Same. THE WITNESS: I thought you were a lawyer, not a psychiatrist. BY MR. SWEETAPPLE: Q. I'm just asking you a question. That's really why you did it. A. Don't tell me about me being -- about anger. Q. Well, I can lead my questions. What was your motivation if it wasn't anger? A. Why don't you read me your question again. Q. When you had these two banners flown, was it done out of anger? A. No. Q. Was it done for the purpose of retaliating? A. No. Q. Why was it done? Why was it done immediately after this meeting that Mr. Randolph carefully details in his two- and -half page memo? MR. DESOUZA: The two - and -a -half page memo that you're saying he carefully detailed that you're not going to share with us? MR. SWEETAPPLE: I'm going to wait to see if you decide if this was a settlement meeting or not, Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 256 because if you take the position with the court that it's a settlement meeting, I don't think you're entitled to it. If you admit it's not a settlement meeting, I think you are. So I guess we'll have that discussion before the judge when you decide what side of the bed you're on. Your client seems to think it's a settlement conference. I don't, but we'll have a debate about it. MR. DESOUZA: Bob, I'm simply referring to your statement that Mr. Randolph carefully detailed something you haven't shared with us. MR. SWEETAPPLE: I read you excerpts from it and you'll see Ms. O'Connor has one that is remarkably similar to it. And contrary to Mr. O'Boyle's statements, I know the both of them to be ethical people. But anyone who relies on Mr. O'Boyle's judge of character does so at their own risk, I suggest. MR. TAYLOR: You don't need to respond when all he is doing is giving a speech. MR. DESOUZA: Marty. MR. SWEETAPPLE: I have sat here and listened to him tell me my co- counsel lied to federal judges. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 257 Let's talk about this letter, Exhibit 16. You wrote -- MR. DESOUZA: Hold on. Is this a one -copy letter? Can I see it? MR. SWEETAPPLE: Yes, you can. MR. DESOUZA: Thank you. Do you have an extra copy of this, or just the one? MR. SWEETAPPLE: I do not. Apparently, Mr. O'Boyle says it is floating all around Gulf Stream. And he filed a lawsuit over that. It concerns him that this letter would be floating all over Gulf Stream. MR. DESOUZA: Joanne, you have the letter? MS. O'CONNOR: Yes. I'll get it. BY MR. SWEETAPPLE: Q. Mr. O'Boyle, do you recognize that letter? MR. DESOUZA: It's not in front of him at this point. Skip has it right now. MR. SWEETAPPLE: Okay. MR. SMITH: What is it? Six -- MR. DESOUZA: June 6. THE WITNESS: Yes. BY MR. SWEETAPPLE: Q. Did you deliver this letter to the Town of Gulf Stream? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 M 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 258 A. May I? Q. Sure. A. It was delivered from my office. It appears to be from my office. Q. So it was not delivered by hand, it was delivered electronically or by fax? A. I would say so. Q. Okay. A. Not faxed. Q. And so you made -- you personally made the decision to form a company to acquire houses in Gulf Stream for use as sober houses. "I intend to begin the implementation of this program forthwith," right? Is that what you stated in the letter? A. You're reading it, not me. Q. Is that what you stated in the letter? And did you, in fact, on June 6, two days after the meeting with Mr. Randolph and Ms. O'Connor, form a company for the purpose of opening sober houses in Gulf Stream? A. I don't know. Q. Did you direct Mr. Ring to form a company by the name of Sweet Apple Sober Houses, LLC on June 6? A. No. Q. 2014? A. No. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 259 Q. And the registered agent is indicated to be William F. Ring, Jr. He is your attorney, right? A. He is -- you can say he is my attorney, yeah. Q. He was the attorney who was with you at the meeting where you threatened to open sober houses, right? A. I didn't threaten anything. Q. That's where you stated you were going to open a sober house. He was the lawyer that was with you at that meeting, right? A. How about if I was going to open a hamburger stand? Was that a threat? Q. Mr. Ring was with you at that meeting, right? A. Is that a threat? Q. Was Mr. Ring in the vicinity of you when you said you were going to open up a sober house? A. I don't know if he was or not. Q. And after that statement was made, Mr. Randolph asked you to leave his office, right? A. Yes. Q. And within two days, Mister -- who actually filed the Sweet Apple Sober Houses, LLC, Florida Limited Liability Company articles with the Secretary of State? A. I don't know. Q. Did you ask that it be done? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Pagc 260 A. Did I ask that it be done? Q. Did you ask the secretary like Ms. De Larmartini or someone to do that? A. I would say yes. Q. Who did you ask to do it? A. I don't know. Q. Was it Ms. De Larmartini? A. I have no idea. Q. Did you ask Mr. Ring if he was willing to be the registered agent? A. No. Q. How did Mr. Ring's name get put on as the registered agent? A. We probably put it there. Q. Without his permission? A. Yes. Q. Yes? A. Yes. Q. Since I filed the motion for sanctions, has Mr. Ring asked to have his name removed as a registered agent? A. I don't think he knows it's there. Q. Well, the motion was served on him and it makes reference to this application. Do you know, has Mr. Ring ever discussed with you -- have you discussed Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 261 with Mr. Ring the fact that his name is a registered agent? MR. DESOUZA: You can answer yes or no. I don't want you to get into the substance of conversations. You can answer whether you discussed it or not. THE WITNESS: What was your question again? BY MR. SWEETAPPLE: Q. Did you tell Mr. Ring you were putting his name in as registered agent? A. I don't recall that we did. That I did. Q. You listed yourself as the manager, correct? A. I don't know. Q. And why did you pick the name Sweet Apple Sober Houses, LLC? Was it in any reference to me? A. It was a reference to -- the town was highly objectionable to having sober houses. You, I thought, were taking the position with the town that you were -- you're going to break them. And I thought we would put that -- we would use that for a name, and that would be the name. It was funny. And that ended up being the name. Q. So you did it because it was funny and you thought I was taking the town in a way that would break them? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 262 A. I think that you're going to end up breaking the town is what I -- if I didn't make that clear, that's what I think. Q. So that's why you put my name on the sober house company? A. No. No. What I said was, you have to take the two of them together. And I took the two of them together. And I thought that it was a combination that would knock everybody down a notch or two. I thought it was funny. Besides all of that, it is something that the First Amendment of the constitution allows me to do. Q. That's your legal conclusion? A. Yes, it is. Q. Okay. And so the purpose was to knock people down a notch or two? MR. DESOUZA: Objection. Misstates his testimony. BY MR. SWEETAPPLE: Q. Did you say that was one of the purposes, was to knock people down a notch or two? A. No. What I said was that the town is out of control. I think you're out of control. I put the two names together, and we formed the company. I thought it was funny. I thought it brought smiles to people's face. And in addition, I thought Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 RE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 263 that it -- I thought -- I'm losing my train of thought for a moment. Excuse me. It would bring things down a notch or two, and the First Amendment allows me to do it, so I did it. Q. I guess we'll find out if the First Amendment allows you to do it at some point. A. Sure. Q. But right now, what do you mean by "knock down a notch or two ?" What are you referring to? A. What I'm referring to is, when people get a little high on their horse, you knock them down a notch or two. Q. So you use my name in order to knock me down a notch or two? A. I think so. Q. In order to hurt my reputation to -- you wanted to -- A. No, not at all. Q. Did you want to affiliate me, my name as a professional with your efforts to put sober houses in Gulf Stream? A. I wanted to layout the name -- can't think of it now. Sweet Apple Sober Houses, because I thought it was funny. I thought it would knock things down a notch or two. Maybe make the people focus a little bit more. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 264 Take a closer look. And I thought that it was not in violation of the constitution, so... Q. You don't think it's defamatory to put my name with an activity that you believe is offensive to residents of Gulf Stream? MR. DESOUZA: Objection. Form. THE WITNESS: It shouldn't be. If the -- if the people of Gulf Stream are going to discriminate against handicapped people, shame on them, starting with the top down. BY MR. SWEETAPPLE: Q. What if I wanted to put a sign up in a house next to your house in Gulf Stream that said Martin O'Boyle's whorehouse? You think the First Amendment gives me the right to use your name in conjunction with whorehouse? A. After I spoke with my counsel, I will give you an answer. Q. Did you get any legal advice from any lawyer before you decided to use the name, Sweetapple Sober Houses, with regard to your efforts to place a sober house in Gulf Stream, Florida? A. Well, you asked two questions there. Q. Did you obtain any advice from any attorney with regard to the issue of whether or not it would be Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 Ctz 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Pagc 265 defamatory to associate my name with a sober house in Gulf Stream, Florida? A. Well, first of all, I don't think it's your name, but put that aside for a moment -- because it is two names -- when we designed the name, we designed it with you in mind. So I will just tell you that. Q. Who is "we", Mr. O'Boyle? A. Me. Q. You said "we". Who did you mean? A. I know I said "we." Q. You didn't have someone else that you did this with? A. No. Q. Did you discuss it with your wife? A. No. Q. How about your son? A. No. Q. How about Mr. Ring? A. No. Q. Just you? A. Yeah. Q. So you had me in mind. A. Yes. Q. You wanted to bring me down a notch or two and you thought it was funny. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 M 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 266 A. Yeah, I did think it was funny. Q. And you wanted to bring me down a notch or two. A. Yeah. I think you needed to go down a notch or two. Q. And A. And I think the -- Q. And you think the First Amendment protects you? A. I think these guys need to go down a notch or two or three. Q. What about you? Do you think you have any issues that maybe you need to confront? A. No. But you're more than welcome, I would invite you to utilize the First Amendment to take -- to take any action that you wish that complies with protect -- where you're protected by the First Amendment against me. That's what it's there for and I would encourage you to do it. Q. Do you think you could open up something called Sweet Apple's Whorehouse? MR. DESOUZA: Objection. MR. SMITH: Asked and answered. MR. DESOUZA: Objection. You're asking him to speculate at this point. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 267 BY MR. SWEETAPPLE: Q. You're telling me your legal opinion as to the First Amendment protects this. Did you give consideration of whether or not you could say "Sweetapple Unethical Law Firm" and put a sign up in front of a building in Deerfield Beach? Just Sweetapple Broeker and Vargas, rip -off lawyers. Do you think you can put a sign up that said that, and that the First Amendment protects you to do that? A. The First Amendment protects you to do certain things. Whether it protects you to do that, I don't know. Q. Do you think it protects you to directly or indirectly defame people or to associate them with businesses? You knew I had no association with this business, right? I wasn't involved in this entity. Strike that. Did you believe that I had any involvement in this company financially or otherwise? A. I think I've answered the question multiple times, and what I suggest is that we move on. Q. Where would you like to move on to? A. Wherever you would like. Q. And after this letter was sent to the town, did you become upset that people in the town obtained a Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 268 copy of it? A. Well, I think -- no, not upset. It's just it annoyed me, because when you send a letter to the town, they are not to send it to their cronies to spread it around and say O'Boyle is a bad guy. So several people called me and told me they had a copy of it. So all I wanted to do is find out who has got a copy and where they got it from, and then I'll deal with it. Q. Okay. Well, that letter was sent to the town, right? A. Yes. Q. And it's a public record. A. Yes. Q. And anyone can ask for a copy of it. A. I don't know about that, but, yeah, I think SO. Q. Why couldn't anyone do like you do and go ask for a copy of this letter? A. I'm not answering that. I already answered. Q. Didn't you expect when this letter was sent, that it would become a public record? A. What I didn't expect is that nobody would ask for that public record and it be all over town. That's what I didn't expect. Q. How do you know no one asked for a copy? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 269 A. Because they put their public records on line and it isn't there. Mr. Thrasher wrote it in writing. He said -- there hasn't been a written request. It's all verbal. Q. Are you saying that in order to request this document under public records law someone would have to do it in writing? A. No. Q. So why couldn't someone ask for this letter? A. They could. Q. And why couldn't it have been given to them? A. They could. And after I take their deposition, I'll know. Q. Whose deposition? A. Figure it out. Q. You sued the town alleging that this letter was disseminated improperly, right? A. I don't think I said improperly, but maybe. Q. You subpoenaed me because you want to know what I know about how this letter was disseminated, right? A. Because it showed Mr. Thresher said it was only disseminated to three people, he said to Miss -- I can't think of your name again. MS. O'CONNOR: O'Connor. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 lim 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 270 THE WITNESS: O'Connor, Mr. Randolph and you. BY MR. SWEETAPPLE: Q. So we got copies of this -- written copies of it? A. Yeah. Q. And you want my deposition because you don't understand that any individual could walk in and get a copy of this letter and, in fact, did? A. That's not what I said. MR. DESOUZA: Objection to form. BY MR. SWEETAPPLE: Q. We'll deal with that in your lawsuit. A. We sure will. Q. And you e- mailed Gordon Craft on June 15. "Gordon, I feel no obligation to respond. I'm writing to you now voluntarily. I have no intention of putting a sober house in Gulf Stream for reasons inter alia. "I wouldn't have a clue on how to run one. I was, however, approached by an out of state company that seems set on putting sober houses in Gulf Stream and the surrounding areas, but only on the water in Gulf Stream. For reasons unknown to me, they asked me to lead their charge. They offered to pay me a very handsome sum. I'm struggling with their offer whether to accept it or not. As I said, it's a ton of money, and I know if I Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 271 don't take it, someone else will.,, Did you write that e-mail? A. I did. Q. Why would it concern you that someone -- that people in Gulf Stream would know of your stated intention to open sober houses? A. Because I think the hierarchy, the mayor, Mr. Thrasher, I think they lie and I think they did it in an effort to try to dirty me up. And all I want to do is what I'm entitled to do, Mr. Sweetapple. Q. Mr. O'Boyle, how would associating you with your letter to open sober houses dirty you up? A. You can ask them. Q. I would like to know from you. You said you didn't want this letter being disseminated because it would dirty you up. Tell me how would it dirty you up? A. It has been disseminated. People -- if you read Mr. Kraft's letter, I think you'll learn a little bit. It says there, "I can't believe you're going to put a sober house. Your going to ruin the whole town." So I think that gives you a little hint. Q. So in other words, your neighbors got mad at you because you were going to open a sober house. MR. DESOUZA: Objection to form. THE WITNESS: Let me tell you something. I Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 272 don't know whether my neighbors got mad at me or not, but you know what? If my neighbors want to discriminate against handicapped people and if the mayor wants to and the town manager, to hell with each other. BY MR. SWEETAPPLE: Q. Because you're going to open a sober house, right? A. We' 11 see. Q. And you want to call it Sweet Apple's Sober House? A. I like that name. I do like that name. Q. Good. We'll see how we deal with that, Mr. O'Boyle. A. Yeah. MR. DESOUZA: Is that a question? MR. SWEETAPPLE: No, that's not a question. MR. DESOUZA: Great. Do you have a question? BY MR. SWEETAPPLE: Q. Which company, out of state company has contacted you that has offered you money to open up a sober house? Is that true or is that just something you made up to further your intimidation? A. No, it's true. Q. What's the name of the company, Mr. O'Boyle? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 273 A. I think it was called Tin -- I think was called Tin Turn Corporation, and they were out of -- I think either Red Bank or New Silver [sic] New Jersey. Q. And how did they contact you? A. I guess one of my friends. I do have some friends. Q. Real friends? A. Yeah. Yeah. MR. DESOUZA: You don't have to answer that. That is ridiculous. THE WITNESS: Yeah. Probably mentioned that I'm in Florida, I'm a real estate developer, and I have some knowledge of high -end real estate. BY MR. SWEETAPPLE: Q. And who is it that contacted you? A. I think it was called tin -- Tin Turn. Q. And did they write you or call you? A. They called me. Q. Did they ever write you? A. They may have. Q. Do you have any a -mails from these people? Any writings from these people? A. I don't know. Q. Who did you speak to there? A. You know -- Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 274 Q. You said they made an offer, very handsome SUM. How much did they offer you? A. I think it was a quarter million dollars, the project. I think. Q. To get an approval or for the land, or what? A. For -- to get it developed to where -- whatever had to be done. Go through the approval process, and do whatever has to be done. I don't know. As an example, maybe a bathroom has to have handicapped facilities. It may have to -- I don't know. Q. It was a very attractive offer, right? A. I thought so. Q. You were struggling with it, right? A. I was struggling with it. Q. Trying to decide if you could accept it or not, right? A. No. Trying to decide if I wanted to accept it. Q. So if you decided to accept it, who would you contact to let them know you accepted? What's the name of the person and the telephone number? Where do you have that? A. I don't know. I may have chucked it. Q. So if I asked you in a request to produce for the name of this supposed person that offered you a Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Pagc 275 quarter of a million dollars and their contact information, you think you chucked it? A. We'll find out. You send a notice to produce and we'll find out. Q. Do you recall what you did with it? Did you ever write that information down? A. I just told you a second ago that I didn't know. Q. I haven't asked you if you wrote it down. I asked you if they wrote you. Now I'm asking you if wrote this information down. A. That's what you asked me. You asked me that. And what I told you is the best I can tell you. Q. Let's talk about the motion to disqualify the O'Boyle Law Firm and in the alternative for an evidentiary hearing, which -- MR. DESOUZA: The withdrawn motion? MR. SWEETAPPLE: Well, it's going to be. It's been, first of all, dealt with appropriately as required by law. Second of all, it is going to be an amended affirmative defense and counterclaim in these cases, as well as be a part of other lawsuits that are being filed. But it has -- as the motion said, not been abandoned. We decided we did not want to pursue Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 276 the relief by just asking to have the law firm disqualified. We want to seek more serious and permanent relief. MR. DESOUZA: I understand. MR. SWEETAPPLE: Just a motion -- if you saw, the motion was withdrawn without prejudice to all the rights that are enumerated in that withdrawal, which obviously we're obligated to pursue and we will discharge all the law obligations. MR. DESOUZA: And thank you for that. I was just asking whether this is the withdrawn motion. MR. SWEETAPPLE: Of course you knew that. You saw that we withdrew it and said that's what we were going to do. So again, you're editorializing and being facetious. But that's okay. Let's go through the motion that you said was shit, Mr. O'Boyle. MR. DESOUZA: Apparently, I'm editorializing when Mr. Sweetapple has talked for hours in this deposition just making statements without questions. MR. SWEETAPPLE: They're called leading questions, Counsel. That is what I do with adverse parties all the time. So I haven't heard a form objection in five hours, and now you're giving Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 277 speeches again about the depo. You haven't made one form objection in five hours. MR. DESOUZA: I tell you what. We go back through the record and if you find a form objection in the last five hours, do I get a prize? Because I believe I have made several form objections. MR. SWEETAPPLE: When I'm leading the witness you have never taken any objections to my making statements and saying isn't that true. That's what you do when you have an opposing party. That's how you cross - examine, and that is how you're permitted to depose an adverse party. MR. DESOUZA: That's your 34 years of experience talking, right? MR. SWEETAPPLE: Yeah, you can lead. MR. DESOUZA: Bob, I don't care what your instructions are. Just ask your questions. MR. SWEETAPPLE: Well, my question are statements followed with "isn't that true" quite often. THE WITNESS: Listen to him. You'll learn. MR. DESOUZA: I know -- MR. SWEETAPPLE: That's what I'm permitted to do obviously. It should be clear. It should be Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 11 2 3 4 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 278 clear to you that is what you do. THE WITNESS: You need to listen to him. BY MR. SWEETAPPLE: Q. Let's go back to the allegations regarding your son, Mr. O'Boyle. Was your son's firm originally called the O'Boyle Law Firm and created in November 2013? A. I don't know. Q. Did it list with the Pennsylvania Department of State its registered office address at 1001 Broad Street, Johnstown, Pennsylvania, but no mailing address. A. I don't know. Q. Did you ever look at that? When you saw this motion, did you ever investigate that? A. Do you have any documents to show me? Then I won't have to investigate it. We can resolve it right now. Q. I'm asking whether or not when you read Paragraph 1 in the motion if you did anything to investigate if the facts alleged in that paragraph were true? A. No, I didn't do anything. Q. Did you speak to your son to ask him if the facts were true? A. No. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 279 Q. Paragraph 2 says, "According to the Florida Department of State, Division of Corporations, the O'Boyle Law Firm PC, Inc., is a foreign profit cooperation with a principal address in Deerfield Beach, Florida. The corporation lists a mailing address at 2146 East Huntington Street in Philadelphia, Pennsylvania." Did you do anything to investigate whether that paragraph was true? A. No. But I do want to point out, that Kevin Tyne (phonetic) who is an ethics lawyer, wrote to you in connection with the inquiries that you made and said if you have any questions to please contact him. Something that you refuse to do. Go ahead. Q. I'll be happy to show you my letter to him, and his response which did not answer my questions that I did pose to your son. In fact, it specifically ignored numerous questions that I asked your son, and did not dispute other assertions I made in my letter. So we'll be happy to go over all that with you, Mr. O'Boyle. Let's go to No. 3. Do you want to answer with regard to No. 2? Did you do anything to determine whether or not the allegations in Paragraph 2 are true or false when you got this motion? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 11 19 20 21 22 23 24 25 Page 280 MR. SMITH: I don't have the motion. BY MR. SWEETAPPLE: Q. I just read them to you. "According to the Florida Department of State, Division Of Corporations, the O'Boyle Law Firm PC, Inc., is a foreign profit corporation, with a principal address in Deerfield Beach, Florida. The corporation lists a mailing address at 2146 East Huntington Street in Philadelphia, Pennsylvania." Did you go and look at the Department of State, Division of Corporation filing for the Florida O'Boyle Law Firm PC, Inc., filing to see if that statement was true? A. I did not. Q. Do you know if it's true or false, that statement? A. I don't know. Q. Three. With regard to 2146 East Huntington Street, Philadelphia, Pennsylvania, do you recognize that address? A. I don't. Q. Is that an address where one of your children resides? A. Maybe. Q. Is it where your daughter resides? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 no 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 281 A. It may be. Q. You don't know for sure? A. Don't know. Q. Isn't it a townhouse in Philadelphia where your daughter resides? A. Don't know. Q. Did Jonathan ever reside there? A. Don't know. Q. Did Jonathan ever conduct law out of that location? A. Don't know. Q. Have you ever asked your son or your daughter whether or not Jonathan, in fact, used 2146 East Huntington as the address for the O'Boyle Law Firm? A. Can you say that again? Q. Did you ever ask your daughter or your son, Jonathan, whether or not Jonathan ever practiced law out of the address 2146 East Huntington Street, Philadelphia, Pennsylvania? A. Not that I can recall. Q. And your son -- Paragraph 4 -- says that the O'Boyle Law Firm PC, Inc., identified Jonathan R. O'Boyle with an address of 2146 East Huntington Street, Philadelphia, Pennsylvania as its president in its filings with the Florida Department of State, Division Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 282 of Corporations. No other officers are identified. Did you check the filing to see if there are any other officers identified? A. I did not. Q. Prior to going to the meeting June 4th, were you aware that your son indicated that the address of his law firm was 2146 East Huntington Street, Philadelphia, Pennsylvania? MR. DESOUZA: Objection to form. THE WITNESS: No, I was not. BY MR. SWEETAPPLE: Q. You were not aware he was using that address? A. No. Q. Did you believe that your son had a law firm somewhere prior to or -- strike that -- in November or December of 2013? A. Can you Q. Did you firm somewhere in A. I don't Q. Did he somewhere? say that again? understand that your son had a law November or December of 2013? know. aver tell you he had an office A. I don't recall. Q. Did you ever go to any opening of an office, a party or anything for his office in Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 M 6 7 8 M 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Pass 283 November /December 2013? A. Not that I recall. Q. Did you ever get an announcement that he had opened an office anywhere in November or December of 2013? A. Not that I recall. Q. Did you ever get a business card that showed an address and phone number for an office anywhere in Pennsylvania in 2013 -- MR. DESOUZA: Objection form. BY MR. SWEETAPPLE: Q. -- for the O'Boyle Law Firm from your son? A. Not that I recall. Q. Did you ever see any stationary that your son had prepared with the address 2146 East Huntington Street, as an address for the O'Boyle Law Firm, PC? A. Not that I recall. Q. And did your son ever tell you that he was practicing law with any lawyers in Pennsylvania as part of the O'Boyle Law Firm? A. Not that I can recall. Q. Are you aware of any lawyers that practiced law with your son in Pennsylvania in 2013? A. Not that I can recall. Q. Did he ever tell you he had a secretary in Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 284 Pennsylvania? A. Not that I recall. Q. Did he ever handle cases for you in Pennsylvania or New Jersey in 2013? A. I don't know. Q. In Paragraph 5, I recited that, "However, as of April 4, 2014, Pennsylvania has listed him as an out -of- state - lawyer with an address at the home of his father, Martin O'Boyle, at 23 North Hidden Harbor Drive in Gulf Stream, Florida, and a telephone number with a 561 area code. Thus, as of April 4, 2014 the Pennsylvania Supreme Court did not reflect that any lawyer with the O'Boyle Law Firm actively practiced in the state." Did you do anything to determine whether or not those allegations were correct? A. I was unaware, and I don't have any knowledge. Q. Were you aware that your son indicated on his file with the Pennsylvania Bar that he was an out -of -state lawyer and not practicing in the state of Pennsylvania? MR. SMITH: THE WITNESS MR. DESOUZA MR. SMITH: Object to form Pardon? Same. Go ahead. Argumentative. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 285 THE WITNESS: I was unaware. I did not look at the bar or whatever he was. BY MR. SWEETAPPLE: Q. When you received this motion, did you look at any of the exhibits that were attached to it? A. Probably not. Q. So you just got enraged and didn't look at the backup? MR. DESOUZA: Objection. BY MR. SWEETAPPLE: Q. Did you get mad when you saw this motion for the first time? A. No. I realized who prepared it. How can I get mad? Q. So you just -- you weren't at all concerned about it? A. That's not what I said. Q. So you just dismissed it because of who wrote it. A. That's not what I said either. Q. Well, let me say this. Did you know that your son, while he was telling -- strike that. Were you aware that your son advised the Pennsylvania Bar his address was your home address, 23 North Hidden Harbor Drive? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 286 A. I have no knowledge. Q. And were you aware that he provided the Pennsylvania Bar with a Florida mobile telephone number as his telephone contact? A. No. But I think that's all right. Q. Are you aware that the Florida Supreme Court records as of April 4, 2014 did not reflect any lawyer with the O'Boyle Law Firm actively practicing in the state of Pennsylvania? MR. DESOUZA: Florida records? MR. SWEETAPPLE: Pennsylvania Supreme Court records. Were you aware of that? MR. SMITH: Object to form. Argumentative. THE WITNESS: What's the -- what was it? BY MR. SWEETAPPLE: Q. Did you ever do anything to determine whether or not the allegation in Paragraph 5, that as of April 4, 2014, the Pennsylvania Supreme Court did not reflect that any lawyer with the O'Boyle Law Firm actively practiced in the state? Did you ever check to see as of April 4, 2014, whether or not your son or any lawyer from the O'Boyle Law Firm was registered with the Supreme Court as activity practicing in Pennsylvania? A. I did not -- did not check his -- no. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 287 Q. Are you aware that after April 4, your son reflected with the Pennsylvania Supreme Court he practiced in Cambria County, Pennsylvania with an address of 1001 Broad Street, Johnstown, PA? A. What is your question? Q. Are you aware that as of May 29, 2014, well after the articles for the Florida O'Boyle firm were filed, that your son listed with the Pennsylvania Supreme Court -- indicated he practices in Cambria County, Pennsylvania. Were you aware of that? A. I was not. Q. Are you aware of any address of 1001 Broad Street, Johnstown, PA? A. I am. Q. Do you have property there? A. I do. Q. Do you have an office there? A. I do. Q. Does your son have a -- does the O'Boyle Law Firm have an office there? A. I don't know what the name is there, but my son has an office there. Q. Is there any lease with the O'Boyle Law Firm at that address? A. Yes. My son and I have agreements between us, Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 288 that are my son -- I don't need written agreements. I trust him. Q. So there is no written lease with the O'Boyle Law Firm with regard to any space at that location? A. Nor with my wife. I don't make her sign a lease either. Q. So who was your lease with? With Jonathan O'Boyle? A. We never discussed that. Q. Well, it couldn't be with the corporation if it's all for the rental of real estate. A. Okay. Q. How long is this lease for? How long are you allowing him to stay there? A. I told you, the details we never worked that out. He is my son. It's my building. He is there, and that's where we are, and let's move on. Q. Does he have any residence in the vicinity of Cambria County, Pennsylvania? Does he have an apartment or a house that he resides in there? A. I don't know. Q. Does he work out of that location in Johnstown, PA? A. I don't know. Q. You don't know? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 289 A. I don't know. Q. You have never spoken to him about that? A. I don't go over with him where he operates, who he dates, what kind of car he drives. I don't do that. You may do that with your daughter, but I don't do it with my son. Q. Okay. Well -- and so you don't know if he has any residence within five hours even of Johnstown, PA where he lives so he can practice law there, right? A. He has no residence, to my knowledge, in the world. So if that's helps you. Q. Well, do you have any residential properties in Pennsylvania that you have allowed him to live in? A. No, but not very far away in West Virginia. Q. How far in West Virginia? A. How far? Q. From the address in Cambria County. A. I don't know. I don't know. Plus we had property in Pittsburgh, so. Q. Residential property? A. Pardon? Q. A house or residential property? A. It can be used as a house, yes. 20 -miles away from our house in West Virginia. I don't know how far it is, but it's on the same identical road. Johnstown Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 290 is just probably 30 -miles north west of Virginia. But I don't ask Jonathan where he sleeps, what he does. He does it on his own. And I don't think it's any of your damn business where he sleeps. Q. Well, it is my business whether or not he's defrauding the courts of this state as member of a bar where he's attempting to become a member of the bar. It's very much my duty, sir. So have you given your son permission to live in any abode in the vicinity of Cambria County? A. I'm not going to answer any questions about where my son lives. Q. Are you aware of whether or not your son has resided at any point, has ever slept anywhere in the vicinity of Cambria County during the year 2014 to date? A. I'm not going to answer anymore questions about where my son sleeps. Q. And in Paragraph 7 we allege that as discussed below, just two months after the O'Boyle Law Firm was created as a Pennsylvania Professional Corporation in November 2013, Jonathan R. O'Boyle moved to appear pro hac vice in Florida state and federal cases. On January 23, 2014, Jonathan R. O'Boyle filed a sworn verified motion for admission to appear pro hac vice in the case of Christopher F. O'Hare V Town of Gulf Stream Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 291 and William H. Thrasher, Jr., and I list the case pending before Meenu Sasser. Did you do anything to determine if that paragraph was correct? A. I didn't know the paragraph existed. Q. Well, didn't you read the motion that you said was shit? A. Yeah. But that paragraph was really shitty, so I didn't want to read it. Q. Paragraph 8 says that your son filed a sworn verified motion in the case before Judge Sasser. Did you look to see whether that was true or not? A. No. Q. Do you believe there is anything untrue about Paragraph 8? A. No way I would know. Q. You didn't look at Exhibit E? A. I did not look at Exhibit E. Q. Nine. "In said motion, Mr. O'Boyle swore in Paragraph 2 that he is a member of the O'Boyle Law Firm with offices at 2146 East Huntington Street, Philadelphia, Pennsylvania." Then it says, "This representation contradicts both his Pennsylvania Supreme Court listing that he is Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 292 either, (1) an out of state lawyer who can be reached at his father's home in Florida; or (2), a lawyer practicing at his 1001 Broad Street, Johnstown, PA; and contradicts the O'Boyle Law Firm PC filing with the Pennsylvania Department of State reflecting a business address in Johnstown, not Philadelphia. MR. SMITH: Object to form. BY MR. SWEETAPPLE: Q. Did you read Paragraph 9 to see whether or not it was correct or incorrect? A. I don't know whether I did or I didn't. But I can't say it's correct. Q. And you can't say it's incorrect? A. Pardon? Q. And you can't say it's incorrect either, can you? A. I could say that I'm not familiar with it. I don't know. Q. And you didn't look at Exhibits B, C or D when you read the motion, right? A. I did not look at your exhibits. MR. DESOUZA: Bob, is there anyway to speed this up instead of going paragraph by paragraph? You want to put it in front him and say with respect to paragraphs 1 through 35 of my motion, Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 293 can you confirm any of these things are true? MR. SWEETAPPLE: I don't think so, unfortunately. MR. DESOUZA: In that case I'm going to start instructing him not to answer pretty soon. I can see where this is going, and this is just not fruitful. And you can take it up with the judge if you want to, but I'd rather not be here until 8:00 o'clock. MR. SWEETAPPLE: What time is it now, 5:30? MR. DESOUZA: It is 5:30. MR. SWEETAPPLE: So if you want to -- whenever everybody wants to suspend, we'll suspend. I'm going to be taking Mr. O'Boyle in at least a dozen of his cases, and then there are a number of CAFI cases, and some O'Hare cases that I'm going to be deposing him in. So there is no urgency in finishing this until 10:00 o'clock at night. I'll stay here until midnight, or I'll suspend now. But before I suspend, I do want to know Mr. O'Boyle's schedule, because as I put on the record, Mr. Taylor stated to Judge Blanc that Mr. O'Boyle was with his grandchildren for two weeks. Mr. Smith was there. And I, as an accommodation, agreed to today's date, Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 NUM 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 294 September 15th, only to learn that Mr. O'Boyle has been spending his time at city hall or town hall in Gulf Stream rather than his grandchildren. So Mr. O'Boyle, before I suspend the deposition, what is your pleasure -- THE WITNESS: If I may respond to that? MR. SWEETAPPLE: Sure. MR. DESOUZA: You don't have to respond. MR. SMITH: Don't. MR. DESOUZA: There's not a question. You don't need to respond. MR. SWEETAPPLE: Can you -- MR. DESOUZA: Let's go over his schedule and figure it out. BY MR. SWEETAPPLE: Q. Were you in New Jersey during the last two weeks, Mr. O'Boyle? A. I lose track of time. I was in New Jersey for a week on a Wednesday, and then I came home on a Wednesday night because our home flooded. Q. And then you went to town hall for -- A. On Thursday I met with our engineer. We resolved the problem. And I don't know if I went to town hall on Friday, the following week. I don't know. Q. You went with the videographer to film Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 295 Mr. Thrasher's face. A. That could be. But Nick has not represented to -- Nick has represented nothing. I told him I was gone for two weeks. My intentions were to go for two weeks and, unfortunately, it didn't work out that way. And I wish I would have been gone for two weeks. I would have liked to spend more time up there. Q. And what is your schedule for the rest of September and October? Do you have any plans to be out of the state? A. Yes. Q. What period of time do you plan on being out of the state? A. I'm going to likely leave tomorrow, and I'll be back around the 23rd or 24th of October. Q. You're going to be gone for approximately a month? A. Yeah. Q. Where are you going to be? A. In West Virginia. Q. And it's your testimony you have no intention of being here for a month? A. That's correct. Q. What is it you have to do in West Virginia for a month? Because you have 12 cases here that we need to Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 296 attend to, some of which you've asked for immediate hearings in. So I'm going to have to compel the court to have you appear at those cases. A. That's fine. You do what you want. Q. What is it you have to do in West Virginia for a month that is more important than the cases that you've demanded immediate hearings on? A. I can answer you. My wife is up in New Jersey, and I would like to spend some time with her because we got cut off a week short. My birthday is October the 12th, and every year we go to West Virginia for my birthday. And we usually get there a week in advance, because there has to be preparation; buying food, you're buying -- so on and so forth. And then the following weekend is what they call Bridge Day. It's where they -- if anybody has gone whitewater rafting, the New River Bridge, they close it and they jump off it. They base jump off it. And that's the weekend after the weekend of the 12th. And then after that, we'll clean up the house and come home. Q. Well, you've filed a lawsuit against me and Mr. Morgan. We need to take your deposition in that case next week or the following week, so I'll be asking the court to compel that as well as the cases where Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Im 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 Page 297 you've asked for expedited hearings. You're telling me you're just going for pleasure, and you have instituted considerable litigation that needs to be dealt with. These apparently are very important matters that you want to maintain. And I cannot accommodate anymore of your requests for vacations. You asked for two weeks. And I'm sure that you have people that can take care of leaks in your home. You didn't have to come home to address leaks, but we can take that up with the various judges, Mr. O'Boyle. MR. DESOUZA: There's no question. BY MR. SWEETAPPLE: Q. You're telling me you're not going to be here -- you're not going to be here until after October 23rd. That's your testimony. A. I think that's -- let's just think again. What day is the 12th? Is it Friday or Saturday? MS. O'CONNOR: Sunday. THE WITNESS: Sunday? Okay. So that would mean six days later is the 18th and then 19th, 20th, 21st, 22nd, 23rd. Yeah. MR. SWEETAPPLE: But you will have time to fly banners addressing myself and Mr. Morgan and police chiefs and other people, right? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 298 THE WITNESS: Yeah, not only that, we'll probably have circulars and we'll drop them out of three states. MR. SMITH: Marty, don't answer that. MR. SWEETAPPLE: So you'll have time for that, right? MR. SMITH: Marty, don't answer it. THE WITNESS: Don't be silly. Why don't you be nice for a change? MR. SWEETAPPLE: In terms of being silly, are you the one who -- whenever it is you want to suspend, just give me notice and I'll continue with the questioning or suspend. Tell me what time you want to go to. MR. DESOUZA: Let's take a five minute break and let's discuss it. We'll either suspend or go for a little longer. MR. SWEETAPPLE: I would like to go another 15 minutes to finish a couple of things up that I'm '070 I MR. DESOUZA: We'll take five and say -- THE VIDEOGRAPHER: The time is 5:38 p.m. We're going off the record. (At 5:38 p.m. a brief recess was taken.) THE VIDEOGRAPHER: The time is 5:46 pm. We're Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 299 on the record. MR. SWEETAPPLE: Yes. During the break, all counsel have agreed that we're going to suspend the deposition at this time. There's no way we can get through it all. And while I'm not agreeing to wait until October 23rd, I'll take that up with the court with regard to not only concluding this depo, but taking other depos in the other cases. MR. DESOUZA: Sure. MR. SWEETAPPLE: Thank you very much. MR. DESOUZA: Thank you, Bob. MR. SWEETAPPLE: I will take a copy, and I'll need the exhibits. THE VIDEOGRAPHER: The time is 5:47. We're going off the record. (Discussion held off the record.) MR. SWEETAPPLE: I will put on the record whether or not he wants to read that portion, because I am ordering it. MR. DESOUZA: Let's go back on. I want him to read. We will take a copy as well. (At 5:47 p.m.: m. the deposition was adjourned.) (End of Volume II.) Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 300 THE STATE OF FLORIDA) COUNTY OF PALM BEACH) I, the undersigned authority, certify that the aforementioned witness personally appeared before me and was duly sworn. Dated this 29th day of September, 2014. Debra Duran - Bornstein, RPR, CLR Notary Public - State of Florida My Commission Expires: 8/20/15 My Commission No.: EE 112218 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 301 C E R T I F I C A T E THE STATE OF FLORIDA) COUNTY OF PALM BEACH) I, Debra Duran - Bornstein, Registered Professional Reporter and Notary Public in and for the State of Florida at large, do hereby certify that I was authorized to and did report said deposition in stenotype; and that the foregoing pages are a true and correct transcription of my shorthand notes of said deposition. I further certify that said deposition was taken at the time and place hereinabove set forth and that the taking of said deposition was commenced and completed as hereinabove set out. I further certify that I am not attorney or counsel of any of the parties, nor am I a relative or employee of any attorney or counsel of party connected with the action, nor am I financially interested in the action. The foregoing certification of this transcript does not apply to any reproduction of the same by any means unless under the direct control and /or direction of the certifying reporter. Dated this 29th day of September, 2014. Debra Duran - Bornstein, RPR, CLR Notary Public - State of Florida My Commission Expires: 8/20/15 My Commission No.: EE 112218 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 302 September 30, 2014 NICK TAYLOR, ESQUIRE THE O'BOYLE LAW FIRM, P.C., INC. 1286 West Newport Center Drive Deerfield Beach, Florida 33442 In Re: Martin O'Boyle Vs. Town of Gulf Stream Deposition of: Martin O'Boyle The referenced transcript has been completed and awaits reading and signing. Please have your client review your copy of the transcript at your convenience or if a copy was not ordered, to call our office at the below - listed number to schedule an appointment between the hours of 9:00 a.m. and 3:30 p.m., Monday through Friday to make an appointment to come to our office and read the deposition. If desired, your client may also opt to waive signature. If so, please have your client sign their name at the bottom and mail to our office to be attached to the original transcript. If the transcript is not reviewed and signed within 30 days, the original, which has already been sent to the ordering attorney, may be filed with the Clerk of the Court. Very truly yours, Debra Duran & Associates 224 Datura Street, Suite 402 West Palm Beach, Florida 33401 PH: 561) 313 -8000 I hereby waive my signature: MARTIN E. O'BOYLE CC: All Counsel Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 303 C E R T I F I C A T E THE STATE OF FLORIDA) COUNTY OF PALM BEACH) I hereby certify that I have read the foregoing deposition by me given, and that the statements contained herein are true and correct to the best of my knowledge and belief, with the exception of any corrections or notations made on the errata sheet, if one was executed. Dated this day of 2014. MARTIN E. O'BOYLE Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 304 E R R A T A S H E E T IN RE: O'BOYLE V TOWN OF GULF STREAM C.R. DD DEPOSITION OF: MARTIN E. O'BOYLE TAKEN: 9 -15 -2014 DO NOT WRITE ON TRANSCRIPT - ENTER CHANGES HERE PAGE # LINE # CHANGE REASON Please forward the original signed errata sheet to this office so that copies may be distributed to all parties. Under penalty of perjury, I declare that I have read my deposition and that it is true and correct subject to any changes in form or substance entered here. DATE: CY iVyil i 03*1601DO 0Am Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 $1,500 218:14 $1200 218:17 $3800 218:19 (1) 292:1 (2) 292:2 1 1 198:2 215:18 278:19 292:25 10 166:25 167:19 185:20 100 199:10 100 -page 209:18, 20,21 1001 278:10 287:4, 12 292:3 10:00 293:19 11 187:9 11:05 219:12 12 167:24 189:19 207:5 295:25 1280 176:13,17,25 181:14 188:18 192:10 196:23 1286 192:20 193:5, 14,17 12th 296:11,20 297:18 13 190:12 14 193:24 194:1,3,8 195:2 198:17 15 166:21 194:1,5,8 195:4 215:24 270:14 298:18 157 221:10243:11, 13 15th 294:1 16 207:3 214:8,9, 251:10 257:1 16th 214:8 215:24 217:3 17 167:20 17th 169:16 18th 297:21 19 217:12241:21, 23 19th 297:21 2 279:1,23,24 291:21 20 188:12,14,16 20 -miles 289:23 2011 184:25 2013 278:7 282:16, 19 283:1,5,9,23 284:4 290:21 2014 167:20 181:24 201:7 258:24 284:7,11 286:7,18,21287:6 290:15,23 20th 297:22 211 207:5 2146 279:6 280:8, 18 281:13,18,23 282:7 283:15 291:22 21st 297:22 22nd 197:8 297:22 23 176:15 284:9 285:24 290:23 23rd 295:15 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201:5 215:19 accessed 200:25 accommodate 297:6 accommodation 293:25 accountant 178:17 189:16 accountant's 191:12 accountants 191:5,7,10,22 accountants' 191:14 accurate 198:25 accused 164:7 acknowledged 227:16,17,19 acquire 258:11 Acquisition 189:18,23 Act 167:23 218:11 action 266:16 actions 171:24 actively 168:2 186:15 192:2 284:13 286:8,19 activities 167:9 211:12 224:5 230:4 244:8 activity 223:24 229:11,12,14 264:4 286:24 actual 218:22 219:6 236:5 addition 262:25 address 175:6,7 176:17 181:1,5,7, 12 189:2 192:10 193:17 196:20 247:1278:10,11 279:4,5 280:7,8,20, 22 281:14,18,23 282:6,12 283:8,15, 16 284:8 285:24 287:4,12,24 289:17 292:6 297:10 addressing 29724 adjourned 299:23 administration 198:9 admission 290:24 admit 256:4 advance 250:24 296:13 adverse 276:23 277:13 advice 264:19,24 advise 224:10 advised 198:18 285:23 affiliate 263:19 affirmative 275:21 aforementioned 219:8 agencies 216:4 agent 175:25 176:14 187:16 190:19 193:13,25 259:1260:10,13,21 261:2,10 agree 170:8 210:5 236:7 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266:21 272:10 application 260:24 appointed 179:7 approached 270:19 appropriately 275:19 approval 172:21 274:5,7 approve 160:16, 195:19 219:4,9 approved 171:11, 14 174:3 approximately 169:14,24 295:16 April 198:2,8,17 284:7,11286:7,17, 21287:1 area 254:15,19 284:11 areas 270:21 argued 219:24 argument 236:6 argumentative 204:8 205:14 206:25 207:24 219:21235:18,19 236:1284:22 286:13 argumentive 205:7 arranged 251:21 arrangement 218:24 articles 259:23 287:7 ashamed 235:17 assertion 231:18 assertions 279:19 Asset 190:9 assigning 198:18 assist 216:2 associate 265:1 267:14 associating 271:11 association 267:15 assume 194:9 assuming 242:5 assure 217:2 attached 285:5 attacked 225:19 226:1,15 attempting 290:7 attend 296:1 attorney 218:13 220:11221:5 235:23 259:2,3,4 264:24 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: addressing -awful attorney's 165:17 attorney - client 197:13 attorney /business 179:4 attorneys 167:1 201:2 attorneys' 212:2 217:6 230:22 attractive 274:11 audits 216:3 Augmentive 235:10 August 161:2 authority 213:2 223:1239:2 authorize 219:3 Aviation 180:4,22 181:10 aware 160:21,25 161:3,6,13 162:12, 18,20 163:24 165:12,21 192:7 198:2,7,17 202:25 203:4,6,9 205:12, 16,20,23 206:9,22 207:3,7,15 208:6 212:22 213:1,5 219:17 253:15 282:6,12 283:22 284:18 285:23 2862,6,12 287:1,6, 10,12 290:13 Awareness 160:7, 25 161:8,20,24 162:9 163:12,15, 17,21 164:9 165:7, 16 166:12,24 167:1,10 168:7 169:8 170:16 171:17,20 172.2,5 193:16,25 196:19, 22 197:1,10,16 206:8 213:18 217:8 awful 252:13 B B- o- e- c -k -e-r 233:16 back 160:4164:5,6 166:2,15 170:23 180:6 194:20,21 200:3 208:23 209:5,8 215:1 220:23 224:2 225:24 233:25 234:4 242:22 244:16 245:15 277:3 278:4 295:15 299:20 backup 285:8 bad 230:7243:6 268:5 bag 164:23200:6, 12 215:15 bank 206:10273:3 bankrupt 202:2 bankruptcy 206:11,14 banner 183:1 251:13,16,18,21 252:8 253:6,14,22, 25 254:9 banners 182:14,17 183:10,15 254:3 255:13 297:24 bar 231:19,20 284:19 285:2,24 286:3 290:6,7 base 296:19 based 224:22 249:24 basis 162:25 197:22,24 202:14 243:7 bathroom 274:9 Beach 182:18 187:24 193:18 224:17,19 225:1 253:15 267:6 279:4 280:7 bed 22922 230:1,3 256:7 begin 225:4258:12 behalf 170:2 172:16 beliefs 211:6 believed 217:3 beneficial 245:4 big 186:17,19 229:3 Bill 201:1217:13 222:25 238:6,8,23 240:1,25 241:1 242:22,23 billed 219:6 billings 252:17 bills 251:17 252:6, 9,11,15,24 253:10 254:15 birthday 296:11, 12 bit 242:23 263:25 271:19 bite 171:23 Blanc 293:23 board 174:21 198:10 Bob 171:19 208:2 216:13 228:1 233:9 236:4 245:2 256:10 277:17 292:22 299:11 Boecker 233:16,18 book 181:16 Boy 202:1 brain 225:5 236:21 brainchild 225:8 226:5 245:23 breach 238:22 239:6 breached 161:12 238:19,20,21 240:8,10 break 168:12 187:6 208:17 245:3,6 261:19,24 298:15 299:2 Breakers 253:20 254:1 breaking 262:1 Brenda 169:6 174:22 178:20,21 179:4 183:17,18,19 184:4 217:19 Brenda's 183:22, 24 184:1 Bridge 296:17,18 bring 160:10164:5 173:6,8 174:12 185:3 225:15 226:9,13 238:6 263:3 265:24 266:2 bringing 173:3 216:9 250:22 Broad 278:10 287:4,12 292:3 Brucker 267:7 brought 238:10 262:24 Broward 202:9,21 204:4 building 174:25 188:20,24 196:23 207:19 238:4,5 267:6 288:16 buildings 188:22 bully 173:13 bunch 164:4 business 189:8 190:18 192:15 203:1210:22 211:9 217:4 267:16 283:7 290:4, 292:5 businesses 193:2,7 267:15 businessman 211:2 Index: B- o- e- c- k- e- r- Chandler's buyer's 243:18 buying 296:14 cabs 241:8 CAF] 172:18,20, 23 174:4,5,20,23, 25 175:3,8,9 178:22,23 1792,7 183:18,24 184:4,7, 9 186:6,7,8 191:22 192:19 193:9 198:10,24 199:3,9, 14 200:3 206:21 207:7,9,16 208:1,4, 8,10,13,18,20,23 209:15 210:7,8,22 211:9,13 212:8,19 213:7,9,22 214:16 215:3,216:9 217:13,14 2182,4 219:19 293:15 CAR'S 175:6 209:19 218:9 call 164:25 165:6, 8,9 167:12 200:9 203:7 204:11 215:17 218:25 243:5 248:19 272:10 296:17 called 164:22 165:1,4,23 166:2 200:8 202:9 204:3 215:14 220:1,21 227:7 235:14 243:11266:21 268:6 273:1,2,16, 18 276:22 278:6 Cambria 287:3,9 288:19 289:17 290:10,15 cancer 221:3 car 289:4 card 169:5, 283:7 care 181.•127747 297:8 carefully 255:19, 22 256:11 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 case 163:11 172:15,18 173:2 176:3 182:18,22 198:19 218:7,17,19 227:6 228:23 290:25 291:1,11 293:4 296:24 cases 197:9 198:5, 11200:4,24 201:1, 2,3 205:11206:7 207:5 208:10,14,18 212:23 213:2 215:8,9 220:15 227:6 228:18,20 235:5 246:15 248:11275:22 284:3 290:22 293:15,16 295:25 296:3,6,25 299:8 Cathleen 217:14 caused 161:21 cell 203:1,2,6 Center 176:14,17, 25 181:14 188:18 190:10 192:11,20 193:5,15,17 196:24 certifying 215:1 CG 189:18,23 chance 167:5 231:10 Chandler 160:18 161:1,9,11 162:5 164:3,11,23 165:4, 6,12 166:4,12 167:20 168:3,6,14 169:15,18,20,25 170:7,9,23 171:9 174:11,16,18 197:2 198:3,11,18,23 199:4,13 200:2,5, 17,18 201:6 205:10,17 206:1, 13,19 207:4 212:23 213:5,23 214:1,4, 16,25 215:12 2162,7,9 217:2,17, 25 219:13 241:22 Chandler's 162:20 167:25 172:20 change 193:12,23, 25 298:9 changed 169:22 170:23 character 195:19 256:18 charge 270:23 check 251:17 252:6,9,15,23 254:14 282:2 286:21,25 checked 222:25 checks 209:25 chiefs 297:25 child 225:5 children 227:22, 23 228:10,15 244:1,2 280:22 Christopher 290:25 chronicled 167:15 chronology 241:6 chucked 274:23 275:2 Circuit 161:2 circulars 298:2 Citizens 160:7,25 161:8,20,24 162:9 163:12,14,17,21 164:9 165:7,15 166:12,24 167:1,9 168:6 169:8 170:16 171:17,20 172:2,4 193:16,25 196:19,22 197:1,9, 16 206:8 213:18 217:8 city 202:2 221:18 294:2 claim 167:2 221:12 claims 161:12 168:15 173:3 221:14 clarity 199:6 clean 296:21 clear 216:13 222:22 223:9 227:2,9,15 229:1, 237:2 248:22 249:1262:2 277:25 278:1 client 224:12 256:7 clients 251:17 252:6,9,16,19,20, 21,23 253:3,10 254:14 close 296:18 closer 264:1 closings 205:7 clue 270:18 co- counsel 220:1 256:24 code 284:11 coinciding 167:25 collects 208:9 combination 262:8 Commerce 175:7, 10 176:18 181:1,4 187:8 188:9 191:24 192:5,14,17 217:15,19 commission 239:3 committed 206:10,14 common 209:13 210:12 communicated 168:3 220:20 communication 217:23 219:17 224:6 communications 165:13 167:14 170:3 214:6 223:25 companies 169:4 191:2,4 company 166:23 175:24 177:14 179:19,22 181:16 182:2 183:11,13 186:15,16,17,18 189:8,18,23 190:24 191:25 192:2 252:3 258:11,18,21 259:23 262:5,23 270:19 272:20,25 compel 296:2,25 complained 205:9,17,25 206:1 207:4 complaint 161:14, 15,18,21 166:25 232:19,21233:1,5 complaints 214:16,23 215:2 complies 266:16 compound 194:25 computer 215:20 concern 271:4 concerned 285:15 concerns 257:11 concluding 299:7 conclusion 262:12 condition 218:12 246:3 247:2 conditions 247:5 conduct 281:9 conducting 216:3 conference 242:21 243:3 248:19 256:8 confirm 219:10,14 293:1 confront 266:13 confused 224:25 conjunction 264:15 connection 161:25 279:12 consent 205:12,20 213:8 considerable 297:3 consideration 267:4 constitution 262:11264:2 contact 273:4 274:20 275:1 279:13 286:4 contacted 218:7 272:21273:15 context 228:13 234:18 continually 197:18 continue 298:12 CONTINUED 160:1 contractor 217:16 contractors 208:19 contradicts 291:24 292:4 contrary 256:15 contribution 210:3,19 control 175:1,4 210:16 252:11 262:22 conversation 218:6,15,23 219:14 220:8 235:2 conversations 171:8 216:14,23 261:5 converse 241:10 cooperation 279:4 copied 217:12 copies 180:14 270:3 copy 180:5194:10 200:16 257:7 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: change-create 268:1,6,7,14,18,25 270:8 299:12,21 corporate 178:14 181:13,16 189:3 192:12 corporation 180:23 189:24 197:17 273:2 279:5 280:6,7,11 288:10 290:20 corporations 176:11 193:14 279:2 280:5 282:1 correct 164:12 174:13,22 175:20 187:16 193:8,10,11 202:22,23 205:12 247:3 261:12 284:16 291:4 292:10,12 295:23 costs 165:17 212:2 218:17 counsel 171:11,14 198:3 220:5914 231:12 264:17 276:23 299:3 counterclaim 172:3,12 275:21 County 182:18 187:24 202:9,21 204:4 253:15 287:3,10 288:19 289:17 290:10,15 couple 227:13 230:17 298:19 court 231:3256:1 284:12 286:6,11, 18,23 287:2,9 291:25 296:2,25 299:7 Courthouse 182x8 courts 290:6 cover 180:15,18 Craft 270:14 crazy 234:20 create 218:21 253:5 created 278:7 290:20 credibility 240:15, 16,17,18 credit 169:5,6 criminal 235:14 CRO 180:4,22 181:10 cronies 268:4 crook 216:7,11,12 cross - examine 277:12 crossed 225:19 226:2,16,21,23 crowd 252:11 crying 229:22 230:1,4 current 189:7 cut 197:4296:10 D daddy 229:3 damage 225:20 226:24 damn 290:4 data 200:23 215:20 date 164:20176:12 181:24 251:13 290:15 293:25 dates 289:4 daughter 244:3,5, 8 280:25 281:5,12, 16 289:5 daughter's 182:18,22 244:24 daughters 230:22 day 165:2 168:7,19 195:20 200:10 220:24 251:19 253:14 254:22 296:17 297:18 days 251:7 258:17 297:21 De 162:10,24 170:19 174:21 179:5 197:9 198:8 200:4,17 206:6,12, 23 207:4 212:22 214:12,15,25 215:11216:1 217:12 260:3,7 deal 185:2 191:516, 10 195:18 268:8 270:12 272:13 dealt 165:11 275:19 297:4 debate 256:9 debtor 208:20 December 161:3 282:16,19 283:4 decide 172:11 197:24, 255:25 256:6 274:15,17 decided 221:6 264:20 274:19 275:25 decision 258:11 Deerfield 193:17 267:6 279:4 280:7 defamation 232:18 defamatory 264:3 265:1 defame 267:14 defamed 232:12, 13,17,18,20 defendant 218:7, 21,25 219:2 defendant's 176:7 180:12 184:14 185:20 187:9 189:19 190:12 194:3,5 199:6 251:10 defendants 164:9 165:15 defense 275:21 defrauding 290:6 delayed 195:18 deleted 198:24 Delio 217:15 deliver 257:24 delivered 258:3,5, 6 demand 166:4 218:19,20 219:4,5, 8 demanded 164:11 206:6, 212:23 296:7 demands 219:10 250:4,8 denied 213:1 Denise 174:21 201:4 214:24 215:18 Department 176:10 192:8 278:9 279:2 280:4, 10 281:25 292:5 depends 215:13 depo 277:1299:7 depos 299:8 depose 277:13 deposing 293:17 deposition 172:6 269:13,14 270:6 276:20 294:5 296:23 299:4,22 describing 237:14 designated 174:21 designed 265:5 desire 168:1 239:25 DESOUZA 162:14,16 163:5 164:14 165:18 168:9 171:4,19 172:7 175:21 176:1 177:6 178:10 179:8 180:5,8,17 188:6 192:25 194:9,13, 17,24 196:17 197:11 198:13 199:1,5,8 201:19 202:12 204:6,17,25 205:3,6 207:20,23 208:2,15 212:11 213:10 216:13,18 220:4,7 221:21 228:1,7 232:9,14, 25 233:9 235:7,11, 19,25 236:3,5 240:2 241:9 244:15,19 245:3,10 250:5 253:11 254:17 255:3,21 256:10,22 257:3,6, 13,17,21261:3 262:16 264:6 266:22,24 270:10 271:24 272:16,18 273:9 275:17 276:4,10,18 277:3, 14,17,23 282:9 283:10 284:24 285:9 286:10 292:22 293:4,11 294:8,10,13 297:12 298:15,21299:9, 11,20 detail 209:18 detailed 255:22 256:11 details 255:19 288:15 detective 244:5 determine 279:23 284:15 286:16 291:3 determined 171:2 developed 274:6 developer 273:12 difficulty 195:18 digress 242:19 dinner 242:20 dire 218:11 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: created - dismissed direct 170:22 196:14 213:20 254:2 258:21 directed 185:25 219:7 directly 196:5 222:19,23 223:16 241:18 267:13 director 178:23 183:18 184:4 187:18,21 190:20 206:21 directors 178:22, 24 dirty 184:17 187:23 188:5 252:18 271:9,12,16 discharge 276:9 discovery 171:24 172:10,24 173:15 discretion 221:11 discriminate 249:10 264:8 272:3 discriminated 249:22 discrimination 249:12 discuss 248:7 265:14 298:16 discussed 174:11 218:7 260:25 261:6 288:9 290:18 discussion 220:25 223:23 236:14 241:7 256:6 299:16 discussions 169:14,17,24 219:1,3 224:4,23 230:18 dismiss 254:25 dismissed 221:12, 13 285:18 dispute 225:16 226:9,13 279:19 disqualified 276:2 disqualify 219:24 245:8 275:14 disqualifying 254:25 disseminate 201:5 disseminated 269:17,20,23 271:15,17 district 167:22 Division 176:11 279:2 280:5,11 281:25 document 190:22 201:16 210:2 269:6 documentation 215:23 documents 178:9 188:4 198:20 21722 278:15 dollars 229:7,8 274:3 275:1 door 193:6 dozen 293:14 DPT 187:20192:7 drafted 205:11 221:6 drafting 205:18 drink 253:23 254:9,23 drive 176:14,15, 17,25 181:15 188:19 190:10 192:11,20 193:5, 15,17 196:24 253:23 254:9,23 284:9 285:25 driver's 203:16 drives 289:4 drop 298:2 dropping 225:4 ducks 173:8 DUI 244:25 DUIS 244:13 duties 171:11 duty 161:12290:8 DX15 194:14 E e -mail 164:11,23 165:22 166:5,8 167:12 200:15 201:13 213:16 218:5 219:11,13 223:6 241:21 271:2 e- mailed 270:14 e -mails 163:20,24 164:1,2 198:24 216:15,19,20,21,22 273:21 earlier 200:6 232:12 earned 164:10 earning 209:2 East 279:6280:8, 18 281:13,18,23 282:7 283:15 291:22 editorializing 276:14,18 educate 161:25 Educating 186:22 effective 164:24 effort 271:9 efforts 263:20 264:21 electronic 216:3 electronically 258:6 Elmore 238:11,24 240:14 employ 241:18 employed 241:13 employee 217:15, 19 218:2 employment 168:4 170:13 encountered 171:10 encourage 266:19 encrypt 215:22 end 234:22 236:13, 22 262:1299:24 ended 237:1 261:21 ends 197:18 engage 204:17 engaged 189:8 190:5 244:8,9 engagement 207:16 212:19 engages 210:22 engaging 204:21 engineer 294:22 Enhancement 190:9 enraged 285:7 entered 169:15,25 entire 198:10 entities 181:12 184:1 196:7,8,13 208:19 209:14 241:18 entitled 172:7 212:9 256:3 271:10 entity 160:14,17 163:13 168:6,14 170:17,20 171:3 174:12 175:1,3,15, 17 176:21,22,25 177:5 178:7,16 181:6 182:12 184:18 185:1,8 186:2,9,11 187:2 190:11,14 196:23 208:7,10,12 210:16 212:15 267:16 enumerated 276:7 enumeration 212:5 estate 273:12,13 288:11 ethical 256:17 ethics 279:11 event 243:24 246:23 247:16 evidence 245:9 evidentiary 275:16 excerpts 256:13 exchanged 164:2 Excuse 172:12 223:7 263:2 exercise 217:4 exhibit 167:1 176:5,180:7,12 184:14 185:20 187:9 189:19 190:12 194:3,5 199:6 251:10 257:1291:18,19 exhibits 180:9 193:21285:5 292:19,21299:13 existed 291:5 existence 184:25 188:14 216:22 exists 160:10 expect 208:23 244:9 268:20,22,24 expectation 211:9 expected 249:9 expedited 297:1 expenses 169:1 218:22 219:6 experience 167:25 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: dispute - family 277:15 expert 215:21 explain 230:16 explained 218:11 243:6 expressed 218:8, 23 expressions 243:19 extensive 167:25 extent 162:2 182:25 212:13 224:10 235:2 extra 257:6 eyes 247:16 F F -1 191:18 face 221:4 262:25 295:1 facetious 276:15 facial 243:19 facilities 274:10 fact 162:21,23 163:9 165:11 166:4 174:16,17 205:5,9 224:22 238:6 258:17 261:1270:8 279:17 281:13 facts 172:4221:18 278:20,24 factual 243:7 failure 218:9 false 279:25 280:15 familiar 180:4 184:18,20 191:25 248:8 292:17 family 225:15,19 226:2,9,13,16,18, 19 fantasy 237:17,19 father 284:9 father's 292:2 fax 213:16 258:6 faxed 258:9 February 167:20 169:16 197:2 federal 231:3,21 256:24 290:22 fee 207:8,15212:18 feed 235:5 feel 173:9270:15 fees 164:10165:17 212:2 217:6 218:17,22 219:6 fellow 195:16 felt 225:14,15 226:8,12 fiduciary 161:12 figure 247:22 269:15 294:14 file 243:10 284:19 filed 161:1,4,6,21 163:9 167:20 170:15 171:18 176:12 181:24 185:9,11,14,15 187:23 200:4 201:25 205:11 206:24 212:14 213:21215:2 225:5 233:23 243:20 257:10 259:22 260:19 275:23 287:8 290:23 291:10 296:22 files 189:6,10 200:20 filing 172:22 173:14 181:22 185:5 186:21 201:18 211:19,25 280:11,12 282:2 292:4 filings 281:25 filled 162:3 film 294:25 financial 218:12 financially 267:19 find 172:10 209:4 233:6 263:5 268:7 275:3, 277:4 fine 198:1205:7 296:4 finish 298:19 finishing 293:18 fire 238:11,23 240:8,9 fired 238:7,9,16 239:9,10,11,14 240:1,5,13 (ring 240:11 firm 160:23162:12 163:2 164:10 173:20 174:4,13 192:20,23 193:14 195:8,25 196:2,13, 20 197:3,10 198:11 202:10 203:24 204.2,4 206:8,24 207:8,17 208:9 211:20,22 212:20, 24 213:2,217:3 218:16 219:6,16, 24,25 222:20,25 223:1,14 225:12 228:24 229:1 235:4, 240:22 241:1,2,4,14,23 242:1,3 251:4 255:1267:5 275:15 276:1 278:6,7 279:3 280:5,12 281:14,22 282:7,14,19 283:12,16,20 284:13 286:8,19,23 287:7,20,23 288:4 290:19 291:21 292:4 firms 221:17 fistfight 234:15 Flack 217:15 Flapping 198:21 floating 257:9,11 flooded 294:20 Florida 167:21 171:18 176:10,16 193:18 198:4,18 200:14 204:4,5,24 205:18 264:22 265:2 273:12 279:1,5 280:4,7,11 281:25 284:10 286:3,6,10 287:7 290:22 292:2 flow 197:4 flown 182:17 251:14,16,18 253:6,14 255:13 fly 183:10 253:22 254:3,6,19 297:23 Flynn 191:15,17 focus 263:25 food 296:14 foreign 279:3 280:6 forget 165:3 195:17 forgot 214:3 form 162:14,15 163:3 164:13,14 165:18,19 168:9 171:4 176:1 178:10 179:8 188:6 192:25 194:24 196:17 197:5,11 198:13 202:12 204:6 207:24 208:15 213:10 221:21 253:11254:17 255:2 258:11,18,21 264:6 270:10 276:24 277:2,4,6 282:9 283:10 284:22 286:13 292:7 formal 178:9 246:6,9,12 format 201:4 formed 160:14 168:7 169:9 179:14 185:24 186:1,2,6,7,8 187:12 188:11,12 190:7 262:23 forming 174:11 forms 189:4,6 Fort 203:21 forthwith 258:13 fortune 239:14 forwarded 206:8 Foster 249:9 251:17 252:5,9,16, 20 253:3,9 254:14, 24 Foster's 252:11 found 216:12 foundation 160:8 161:1,8,21,24 162:9 163:12,18 165:7,16 166:13 167:2,10 168:7 169:8 170:12,16 171:12,15,18,21 172:2,5 193:16,25 196:19,22 197:16 206:9 211:13 213:18 217:9 235:5 fraud 206:10,11,14 free 171:23184:5 210:17 217:4 Friday 294:24 297:18 friend 217:16 friends 273:5,6,7 front 160:22 257:17 267:6 292:24 fruitful 293:7 full 215:15221:8 233:24 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: fantasy -give full -time 162:25 202:20,22 203:20 fully 173:18 fund 196:2,4,8,13 197:10 funded 208:4 funder 207:17,18, 25 funding 163:13 212:14 235:6 funds 168:23 208:7 funny 261:21,23 262:10, 263:24 265:25 266:1 future 223:24 224:5,24 G gain 200:20 games 207:13 garbage 246:17 gave 176:18 180:20 221:10 223:1,14 240:24 251:8 general 245:20 generally 209:11 245:25 254:4 generate 162:11 163:1 generated 207:5 gentleman 173:7 geographic 254:15,19 George 238:11,24 240:14 Giovani 205:9,17, 22 girl 230:24 give 162:11167:5, 16 180:15 208:10, 14 211:25 215:19 234:18 254:15 264:17 267:3 298:12 giving 210:13,15 232:4 256:21 276:25 glad 201:25 231:12 246:20 global 242:11 247:9 goal 240:5 250:9 goals 239:12,13 good 184:13189:7 221:24 222:4 223:10 252:13,14 272:13 Gordon 270:14,15 governance 181:14 189:3 192:12 government 168:1 171:10 184:17 185:2 187:23 188:5 governmental 208:19 GP 187:8 188:9 189:24 grandchildren 293:24 294:3 great 195:18 202:2 245:10 272:18 Group 175:7,10 176:18 181:2,4 187:8 188:9 191:24 192:5,14,17 guess 166:23 184:10 204:11 210:7 214:3 273:5 guessing 243:24 Gulf 172:17 176:15 213:7,8,17, 21236:11237:3,23 257:9,12,25 258:11,19 263:21 264:5,8,13,22 265:2 270:17,20,21 271:5 284:10 290:25 294:3 guy 168:25169:3 171:24 268:5 guys 266:10 Lit hac 290:22,24 hall 294:2,21,24 hamburger 259:11 hand 230:6 258:5 handicap 249:10 handicapped 237:2 249:5,22,25 264:9 272:3 274:9 handle 178:15 198:19 284:3 handled 198:4 handles 178:16 183:15 189:3 hands 234:16,25 235:1 handsome 270:23 274:1 happened 164:18 173:2 243:22 247:14 248:15 249:18 251:1 happy 279:15,20 harassing 204:8, 19 Harbor 176:15 284:9 285:25 hard 241:9 hatred 235:23 He'll 201:17 hear 201:24 heard 206:4 248:16,17,19 276:24 hearing 275:16 hearings 296:2,7 297:1 heck 238:13 held 164:10 241:7 299:16 hell 272:4 helpful 200:22 helps 289:11 Hidden 176:15 284:9 285:25 hierarchy 271:7 high 252:13 263:11 high -end 273:13 highly 261:16 Highway 175:16 176:11 177:8 178:5 179:14 hint 271:21 hire 182:15,19 183:2 215:20 229:23 230:2,9 236:20 hired 168:8182:24 183:1,8 hiring 183:4 216:2 hold 200:11220:4 228:1234:16 235:25 257:3 home 174:17,18 202:22 284:8 285:24 292:2 294:19,20 296:21 297:9 honorable 202:17 hoping 186:16 horse 263:11 host 207:23 hotel 168:20,21 169:6 hour 249:20 hours 276:19,25 2772,5 289:8 house 236:24 249:14,15,24 250:10 251:3,6 259:9,16 262:5 264:12,13,22 265:1 270:17 271:20,23 272:7,11,22 288:20 289:22,23,24 296:21 houses 236:12 237:24 250:13 258:11,12,19,22 259:5,22 261:15,17 263:20,23 264:21 270:20 271:6,12 human 235:1 hundreds 167:20 235:5 Huntington 279:6 280:8,18 281:14, 18,23 282:7 283:15 291:22 hurt 234:22263:16 husband's 233:19 I idea 171:7178:1 183:3 190:15 202:23 203:25 210:9 211:24 212:21214:17 221:20 222:4 230:7 234:11 260:8 identical 289:25 identification 176:8 180:13 184:15 185:21 187:10 189:20 190:13 194:4,6 251:11 identified 281:22 282:1,3 II 299:24 imagine 198:14 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: giving- insisted immediately 164:24 215:16 240:19 255:18 immigration 195:21 implementation 258:13 implication 253:2 implicitly 253:9 implying 252:16 important 296:6 297:5 impregnated 204:13 impressed 187:7 impression 253:6 improperly 269:17,18 in -house 191:7 including 164:8 167:15,21220:25 income 160:8 189:12 incorporated 174:20 190:15 incorrect 292:10, 13,15 incurred 165:16 217:7 indirectly 251:22, 23 267:14 individual 187:13 270:7 individuals 163:21 indulge 173:24 infancy 186:17 information 215:19 275:2,6,11 inquiries 279:12 insist 197:9 insisted 162:10 insistence 165:14 Installation 253:19 instituted 297:3 instructed 218:13, 18 instructing 205:3 293:5 Instructions 162:23,24 277:18 Intend 217:13 253:5 258:12 intended 162:21 intending 186:18 Intent 210:25 intention 270:16 271:6 295:21 intentions 295:4 inter 270:17 Interest 176:24 182:13,15,20 interpretation 253:2 interruption 173:21243:12 interstate 219:25 Intimidate 173:13 250:3,7 intimidation 272:23 investigate 278:14,16,20 279:8 investigators 229:24 230:2,5,9, 13 Invite 266:15 Involve 173:19 involved 160:13 165:7 167:9 170:17,19 175:16 181:13 192:3 195:24 221:17 228:15 234:20 235:3,9 244:1,2 267:16 involvement 161:17 167:2 175:22 267:18 involving 165:14 issue 162:3 229:8 247:9 264:25 Issued 186:9 issues 266:13 J January 168:18 174:10,20 290:23 Jersey 203:11,14, 16 273:3 284:4 294:16,18 296:9 JF 253:22 254:9,23 Joan 238:24239:1 Joanne 220:2 225:5 243:17 257:13 Joel 161:1,9 164:22 200:8,17,18 215:7,15,19 217:17 Joel's 167:12 John 238:10 Johnstown 278:11 287:4,13 288:23 289:8,25 292:3,6 join 241:4 Jonathan 195:22, 23 205:10,18 218:19 219:8 238:12 281:7,9,13, 17,22 288:7 290:2, 21,23 Jones 249:9 251:17 252:5,9,11, 16,19 253:2,9 254:14,24 Jr 259:2 291:1 judge 197:25 231:8,14,21256:6, 18 291:11293:7,23 judges 256:25 297:11 judgment 217:4 judicial 161:2 167:22 July 200:16201:7 jump 296:19 June 164:21 170:24 200:6,24 213:5,25 215:14 216:1,10 217:3,12, 25 218:1237:12 238:15 240:22 241:21,23 242:4 245:18 251:13 254:22 257:21 258:17,22 270:14 282:5 junk 227:21 jury 253:8 L1 Kevin 279:10 kid 239:23 kids 234:19,20 kind 202:18 219:5 242:11289:4 knew 211:19 215:4,10 216:11 221:2,3 267:15 276:12 knock 262:9,14,20 263:8,11,13,24 knowledge 172:20 175:12 185:17 196:21 197:17 205:12,19 209:13 210:12 213:8,19,22 216:14 223:3 241:15,17 273:13 284:17 286:1 289:10 Kraft's 271:18 L Ladony 238:12,24 240:16 lady 189:3 land 274:5 landscaper 236:15,18,20 249:6 250:25 landscapers 236:17 language 218:1 252:5 lap 239:22 Larmartini 162:10 170:19 174:22 179:5 197:9 198:8 200:4, 17 206:6,23 207:4 212:22 214:12,15, 25 215:11216:1 217:12 260:3,7 Larmartini's 162:24 206:12 lasted 249:20 late 165:2 Lauderdale 203:21 law 160:23162:12 163:2 173:19 174:4,13 192:20,23 193:10,14 195:8,24 196:2,13,20 197:3, 10 198:9,11 200:19 202:8,9,10,21 203:24 204:2,4,22 206:8,24 207:8,17 208:9 211:20,22 212:20,23 213:3 214:22 217:3 218:16 219:6,16,25 221:14,17 222:20, 25 223:1,14 224:12 228:24 232:1,3,10 235:4 240:21 241:1,2,4,13 242:1, 3 244:11,12 251:4 255:1267:5 269:6 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: insistence -leaks 275:15,20 276:1,9 278:7 279:3 280:5, 12 281:9,14,17,22 282:7,14,18 283:12,16,19,20,23 284:13 286:8,19,23 287:19,23 288:4 289:9 290:19 291:21292:4 lawful 219:25 laws 167:23 244:10 lawsuit 161.1,3,6,7 163:9 167:19 170:15 171:22 174:2 175:16 187:24,25 198:22, 23 199:1201:18,19 257:10 270:12 296:22 lawsuits 162:11 163:1 164:9 165:15 167:21 168:15 171:17 185:15,16 186:21 201:22 205:18 206:23 211:20,23 213:20,21245:25 247:23 275:22 lawyer 186:3 195:15 204:5 205:25 214:19,21 228:24 243:9 244:4 249:9 255:4 259:9 264:19 279:11284:13,20 286:7,19,22 292:1, 2 lawyers 173:9,11 196:15 267:7 283:19,22 lawyers' 196:4 laying 209:18 layout 263:22 lead 255:10 270:22 277:16 leading 276:22 277:8 leaks 297:9,10 learn 173:1271:18 277:22 294:1 learned 213:6 221:18 lease 189:1287:23 288:3,6,7,13 leased 193:4 leases 192:20 193:2 leave 180:5,7 238:4,5 249:8,16 259:19 295:14 leaving 240:19 left 164:23 195:8 200:6 215:15,16 legal 171:11,14 174:3 178:9 198:3 212:11217:4 262:12 264:19 267:2 legitimate 162:8 lengthy 169:13,17, 23 letter 180:16,19 200:6 215:16,24 251:9 257:1,4,11, 13,16,24 258:14,16 267:24 268:3,9,18, 20 269:9,16,20 270:8 271:12,15,18 279:15,19 letters 207:16 212:19 letting 207:13 Lexus -nexus 233:15 Liability 259:23 license 202:10 203:16 214:22 228:21 lie 231:7,17232:2 271:8 lied 163:8231:3, 14,20,25 256:24 lies 221:8 likes 179:25 Limited 259:22 lips 198:21 list 198-10278-9 291:1 listed 175:6192:7 202:25 261:12 284:7 287:8 listen 277:22 278:2 listened 256:23 listing 291:25 lists 279:5 280:8 litigate 173:18 litigating 162:3 litigation 160:11, 22 186:13 197:3 223:24 224:5,24 247:20 248:21 297:4 live 168:24 289:13 290:9 lives 289:9 290:12 living 202:22 LLC 175:16 176:12 177:8,9 178:2,5 179:14,22 184:17 185:19,23 187:2 259:22 261:15 loan 210:2,4,5,20, 21,25 211:1 loaning 167:10,11 loans 196:14 209:24 local 216:3 located 176:18 191:20 193:9 196:20,22 207:18 location 281:10 288:4,22 long 173:16,17 245:7 250:9 288:13 longer 207:9 214:7 298:17 looked 243:18 lose 294:18 losing 263:1 lot 182:16229:10, 12,14 love 239:10 Lucky 167:7 M M- o- h -1 -e -r 213:14 mad 271:22272:1 285:11,14 made 162:2165:12 166:4,7 189:4 203:7 205:21 206:19,21210:8 219:15 229:1 231:18 237:2 239:25 242:9 246:7,9,12 248:20, 22 258:10 259:18 272:23 277:1,6 279:12,19 maiden 233:12,14, 19 mail 189:5 mailing 278:11 279:5 280:8 main 192:14 247:16 maintain 297:6 make 162:1 168:15 180:8 193:23 211:16 214:22 217:14 219:8 223:9 229:25 230:21244:15 245:18 246:1 248:9 250:3,7 262:2 263:25 288:5 makes 260:24 making 196:14 204:19 213:6 276:20 277:9 man 202:17 234:15 manage 191:3 manager 175:24 176:13 177:14,16, 17,20,22, 184:24 261:12 272:4 manages 191:3 managing 178:2,3 186:15 March 197:8 198:7 mark 176:5 180:10,11 185:19 189:22 192:17 193:20 251:9 marked 176:7 180:12 184:14 185:20 187:9 189:19 190:12 194:3,5 251:10 marriage 233:20 Martin 169:18 171:19 176:13 177:21222:23 264:13 284:9 Marty 204:16,18 229:23 230:2 236:3 238:12 256:22 298:4,7 Matt 195:17 matter 218:13 matters 173:19 297:5 mayor 271:7272:4 meandered 248:25 meaning 243:10 meant 230:15 Meenu 291:2 meet 247:2,5 meeting 220:1,22 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: learn-mind 222:1,4,8 225:23 228:6 237:1,9,10, 11,21238:5,10,15 240:7,19,22 241:25 242:4,10,14,25 243:2 245:17 248:2,23 249:16, 19,23 250:2,13 251:8 253:20 255:19,25 256:2,4 258:17 259:5,10,13 282:5 meetings 181:17 198:9 member 178:2,3,6 217:20 231:18,20 241:2 242:1,3 290:6,7 291:21 members 224:12 memo 221:11 228:5,6 234:10 255:20,21 memorandum 169:15,21,25 222:7 memorialize 218:5 memorize 201:10 mention 225:1 mentioned 273:11 Mesa 205:9,17,25 Mesa's 205:11,12, 19 met 174:10294:22 MGRM 177:23 Michelle 183:5 middle 214:2 Middlebrooks 231:8,15 midnight 293:20 migrate 247:13 million 274:3 275:1 millions 229:7,8 mind 221:23 248:1,3,10,12 252:18 265:6,22 mine 202:5,6 minimum 206:7 minute 182:5 187:6 242:16 298:15 minutes 181:17 249:20 298:19 mission 160:16 Misstates 262:16 mistake 214:22 mister 163:10,25 203:10 234:7 259:21 mobile 286:3 model 209:19 Mohler 213:14,16 moment 208:21 263:2 265:4 moments 200:9 money 164:5 165:16 166:17,18, 20 167:10,11 197:4 208:9,10,13,20,24 209:1,2 210:13,15 211:16 212:10 270:25 272:21 moneymaking 190:5 month 200:24 252:12 295:17,22, 25 296:6 months 181:25 201:20,23 251:5 290:19 Morgan 230:24 237:7 239:20 296:23 297:24 morning 218:6,15 229:22 230:2 motion 219:23 221:6,8 225:4 227:7,10,11243:6, 21245:7,8,23 246:3,16 247:12, 17,20 248:4,6,25 249:2 254:25 260:19,23 275:14, 17,24 276:5,6,11, 16 278:14,19 279:25 280:1 285:4,11290:24 291:6,11,292:20, 25 motivation 255:11 move 232:10235:3 248:14 267:21,22 288:17 moved 290:21 multiple 267:20 names 170:22 191:9,14 262:23 265:5 nature 194:25 neared 236:22 necessarily 185:7 216:17 needed 169:5 223:13 230:9 266:4 negotiations 223:19,23 224:4, 11,23 neighbors 271:22 272:1,2 Newport 176:13, 17,25 181:14 188:18 192:10,20 193:5,15,17 196:24 nice 173:5 298:9 Nick 217:25 218:1, 5 295:2,3 night 165:2,4 200:10 229:22 230:1,3 242:20 293:19 294:20 nonsense 204:9 normal 252:19 north 176:15 284:9 285:25 290:1 not- far - profit 168:14 211:13 notch 185:3 262:9, 15,20 263:3,9,11, 14,265:24 266:2,4, 10 note 209:18,20,21, 22,24 notes 222:10,14 notice 275:3 298:12 November 278:7 282:15,19 283:4 290:21 November/ december 283:1 number 203:1,2 274:21283:8 284:10 286:3 293:15 numerous 279:18 M O'boyle 160:7 162:18 165:11 169:18,19 171:20 172:13,21 173:12, 16 174:4,176:13, 15 177:18,21 180:22 182:2 187:12 189:23 193:14 195:8 196:13 197:3,10,21 198:11 199:20,24 202:4,9,21,22 203:24 204:2,4,12 205:10,18 206:8, 16,24 207:8,13,17 208:4 212:23 217:3 218:16,19 219:6,9,16,24 222:20,24,25 223:1,14 229:4,6 233:4,25 235:17 237:21238:12 240:21241:1,13 242:1,3 244:18,21 257:9,16 265:7 268:5 271:11 272:14,25 275:15 276:17 278:5,7 279:3,21280:5,12 281:14,22,23 283:12,16,20 284:9,13 286:8,19, 22 287:7,19,23 288:3,8 290:19,21, 23 291:20,21292:4 293:14,23 294:1,4, 17 297:11 O'boyle's 201:24 256:16,18 264:14 293:21 O'conner 231:1 247:7 O'connor 180:15, 20 220:2,20,22 221:11222:3,17 227:9 233:11,17, 18,22 236:10 238:2 248:18 257:14 258:18 269:25 270:1297:19 O'connor's 228:5 O'hare 290:25 293:16 oath 167:8 object 162:15 163:3 164:13 194:24 197:5,11 198:13 204:6 219:20 221:21 254:17 255:2 284:22 286:13 292:7 objection 162:13, 14 163:5 164:14,15 165:18 168:9 171:4 176:1 177:6 178:10 179:8 188:6 192:25 196:17 202:12 204:25 205:1,2,14 206:25 207:20,21, 22,23 208:15 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: mine -office 213:10 223:7,10 235:7,10,11,18,19, 25 245:2,3 250:5 253:11262:16 264:6 266:22,24 270:10 271:24 276:25 277:2,4 282:9 283:10 285:9 objectionable 261:17 objections 218:24 277:7,9 obligated 276:8 obligation 209:8 270:15 obligations 209:7 218:10 276:9 obtain 264:24 obtained 267:25 occupied 188:18 occupies 188:20 occupying 175:10 occur 223:2 230:16 244:10 occurred 205:20 206:1245:18 October 295:9,15 296:11297:16 299:6 offensive 264:4 offer 218:13 242:9 246:6,9,12,14 270:24 274:1,2,11 offered 198:3 270:23 272:21 274:25 offers 219:15 office 186:4 193:10,13,24 198:9 200:19 202:9,21 204:3 206:1 239:16,19 258:3,4 259:19 278:10 282:21,24,25 283:4,8 287:17,20, 22 officers 171:2 282:1,3 officership 182:14 offices 193:6 203:21291:22 one -copy 257:3 open 171:10251:3 259:5,8,11,16 266:20 271:6,12,23 272:7,21 opened 202:21 204:3 251:5 283:4 opening 250:12 258:19 282:24 operates 289:3 opinion 230:6 232:1,3,4,10 267:2 opposed 210:2 opposing 173:11 220:5 277:11 orally 214:13 order 169:5 175:14 263:13,16 269:5 ordering 299:19 organization 218:12 organizational 217:22 originally 278:6 out -of -state 284:20 out-of-state - lawyer 284:8 overbilling 253:3 owned 174:25 182:9 ownership 176:24 182:20 owns 176:21,22,25 177:5 196:23 P p.m. 160:3 245:11, 13,14 298:22,24 299:22 PA 287:4,13 288:23 289:8 292:3 Palm 182:17 187:24 224:16,19 225:1253:15 paragraph 166:25 167:19,24 278:19, 20 279:1,9,24 281:21284:6 286:17 290:18 291:4,5,8,10,16,21 292:9,23 paragraphs 292:25 paralegal 206:20 Pardon 190:2 196:10 208:25 210:14 239:17 284:23 289:21 292:14 part 161:23164:20 172:3 200:6 214:3 215:14 221:12 246:5 275:22 283:19 participate 204:23 240:22 parties 210:4,6 276:24 partner 179:4 195:16 241:23 party 171:25 277:11,13 282:25 passed 239:23 past 201:20 pay 168:25169:5 183:24 184:1 196:4 208:23 209:5,8 270:23 paying 175:3 payment 219:4 payments 196:14 219:5 pays 183:22 PC 279:3 280:5,12 281:22 283:16 292:4 pending 194:19 246:25 291:2 Pennsylvania 203:1235:4 278:9, I 1 279:7 280:9, 281:19,24 282:8 283:9,19,23 284:1, 4,7,12,19,21 285:24 286:3,9,11, 18,24 287:2,3,8,10 288:19 289:13 290:20 291:23,25 292:5 people 161:25 170:22 173:12 179:7 216:15 237:2,12,22 242:6 246:21249:5,6,10, 22,25 252:13,14 256:17 262:14,20 263:10,25 264:8,9 267:14,25 268:5 269:23 271:5,17 272:3 273:21,22 297:8,25 people's 262:25 period 168:17 169:14,213:24 215:13 295:12 permanent 276:3 permission 213:22 222:19,24 223:15 240:21,24 260:15 290:9 permitted 277:12, 24 person 183:5 186:2,6 274:21,25 personal 198:4 personally 168:5 172:13,15,23 Index: officers- president/director 258:10 Peter 217:15 phantom 201:19, 21 Philadelphia 279:6 280:9,19 281:4,19,24 282:8 291:23 292:6 phone 167:12 196:3 203:1,2,6,7 222:6 283:8 phonetic 217:15, 16 238:12 279:11 physical 175:10 pick 261:14 piece 227:21 233:24 234:2 246:17,16,19,20 PIS 230:20 Pittsburgh 289:19 place 219:2237:11 264:21 plain 244:2 plaintiff 163:11 168:2,4 169:15,18, 25 170:219 171:8, 22 172:14 185:16 186:12 212:1,4,9 228:17,19,23 plaintiffs 168:1 plan 295:12 planes 182:4,6,9, 12,15,19,23,24 183:1,7 254:3,6,19 plans 295:9 platforms 239:15, 18 playing 207:13 pleading 233:23 pleasure 294:5 297:3 plenty 234:8 pm 298:25 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 point 171:23 205:4 218:17 245:4 254:10,11257:18 263:6 266:25 279:10 290:14 pointing 251:3 points 230:18 police 297:24 policies 219:15 portion 194:22 299:18 pose 279:17 position 162:21 204:3,21244:22 256:1261:18 Post 224:17,20 225:1 practice 202:10 204:22 221:14 244:12 289:9 practiced 281:17 283:22 284:13 286:20 287:3 practices 244:11 287:9 practicing 214:21 283:19 284:20 286:8,24 292:3 precedent 247:3,5 prejudice 276:6 preparation 161:18 296:14 prepare 214:16 222:7,14 prepared 162:5 169:21214:23 227:8 283:15 285:13 present 198:8,12 president 170:23 181:19 187:18,21 190:20 281:24 president/ director 217:18 pretty 192:18 227:15 293:5 previously 201:4 principal 181:1 279:4 280:6 printout 176:11 193:15 prior 167:20 225:24 226:4 282:5,15 private 229:23 230:2,5,9,12 244:5 privilege 197:13 privileged 223:25 224:6 prize 277:5 pro 290:21,24 problem 217:20 234:21294:23 proceeding 221:19 PROCEEDINGS 160:1 process 274:8 produce 274:24 275:3 professional 290:20 profit 209:19 279:3 280:6 program 258:13 project 274:4 promote 168:1 proper 217:21 properly 218:9 properties 236:11 237:23 289:12 property 176:21, 22 177:5 287:15 289:19,20,22 proposal 245:19 248:1,3,10,1 1,12, 16,17 proposals 248:20 propose 245:21 proposed 245:22 propounding 175:19 prosecuted 163:2 protect 266:17 protected 266:17 protects 266:8 267:3,9,10,11,13 provide 198:3 provided 208:7 286:2 PRR 218:9 psychiatrist 255:5 public 160:10 162:1,2 163:1 167:23 168:15 172:22 174:12 175:19 179:21,23 185:5,9,19,23 186:9,12,20,21,22 1872,5,24 198:4 204:23 206:7,23 208:19 211:25 212:9,14 213:6,17 218:11268:12,21, 23 269:1,6 publicly 240:4 pull 182:14 purpose 160:21 161:23 162:10 185:1 189:2 242:15 248:24 255:16 258:19 262:14 purposes 162:23 185:5 194:13 227:2,3 228:2 242:14 248:23 262:19 pursuant 219:15 pursue 275:25 276:8 pursued 221:15 put 168:20202:8 204:2, 235:21 236:24 244:4,21 249:15 260:12,14 261:19 262:4,22 263:20 264:3,12 265:4 267:5,8 269:1271:20 292:24 293:22 299:17 putting 261:9 270:16,20 6 quarter 274:3 275:1 question 165:3,11 174:24 175:2 176:23 179:16 181:12 186:8 194:19 197:13,24 199:8 212:7 219:21220:16, 223:18 236:2,6 238:1255:7,12 261:7 267:20 272:16,17,18 277:19 287:5 294:10 297:12 questioning 298:13 questions 168:10 182:16 184:6 196:25 197:15,21 202:18 204:7,19 205:6 207:14 218:3 219:18 227:14 244:19 255:10 264:23 276:21,23 277:18 279:13,16,18 290:11,16 quicksand 200:20 quote 233:23 quotes 167:17 228:2,8 quoting 232:7 R rafting 296:18 raised 249:14 250:10,25 ramifications 244:10 ran 239:15,18 Randolph 220:2, 20,21,23 222:18,22 223:4,13,16,22 224:3,8,17 225:11, 14 226:11227:16, 18,23 228:10 229:16,19 230:8 233:23 234:9,11 236:10,16 237:7 238:2,4,24 240:15 242:16 247:7 248:18 249:4 255:19 256:11 258:18 259:19 270:1 Randolph's 228:5 reached 292:1 read 194:19,21,22 224:2 225:22,24 226:4 227:9,10,11, 15,17,18,19,20 231:9,10,11232:21 233:1,5 255:12 256:13 278:18 280:3 291:6, 292:9,20 299:18,21 reading 223:8 258:15 real 273:7,12,13 288:11 realize 235:21 realized 285:13 reason 165:12 166:11227:3 233:13 248:24 250:3 reasonable 253:1 reasons 162:22 270:17,22 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: pretty- rectify recall 170:25 171:5 174:15,19 200:14 226:23 230:5 232:14 243:17 253:19 254:20,21261:11 275:5 281:20 282:23 283:2,6,13, 17,21,24 284:2 receipt 219:10 received 203:8 218:24 222:20,24 285:4 recess 245:13 298:24 recited 284:6 recognize 246:20, 22 257:16 280:19 recognizes 194:16 recollection 201:11227:16 230:17 251:1 record 160:4 163:1 194:22 199:6 219:20 220:14 241:7 245:12,15 246:4 268:12,21,23 277:4 293:22 298:23 299:1,15,16,17 records 160:10 162:1,2 167:23 168:15 172:22 174:12 175:19 178:13,14 179:21, 23 185:5,9,19,23 186:9,12,20,21,23 187:2,25 192:8 198:4 199:14 200:3 203:6 204:23 206:7,23 211:25 212:9,14 213:6,17 218:11 247:22 269:1,6 286:7,10,12 Records.com. 187:5 recounted 248:17 rectify 225:21 226:25 227:4 Red 273:3 refer 170:10 171:9 252:20 reference 230:21 260:24 261:15,16 referenced 218:8 referred 252:21 referring 216:18 256:10 263:9,10 reflect 284:12 286:7,18 reflected 287:2 reflecting 292:5 refresh 201:11 refuse 214:18 279:14 refused 215:19 230:16 regard 173:4 184:12 187:1 203:24 235:14 244:11264:21,25 279:23 280:18 288:4 299:7 registered 175:25 176:14 187:15 190:19 193:13,24, 25 259:1260:10, 13,20 261:1, 278:10 286:23 registration 203:13 regret 218:8 reinstatement 176:12 reiterate 219:14 related 181:4,6 relating 167:22 223:24 224:4 relief 276:1,3 relies 256:17 remain 217:19 remarkably 256:15 remember 164:20 165:3 166:21 170:12 201:9 220:24 225:3,17 230:20 231:22 236:14,15 238:13 250:24 251:1 253:17,23,25 254:10,12 remorse 243:18 removed 260:20 remuneration 212:1,3,6 241:16 rent 175:3 rental 288:11 repaid 209:16 repay 210:23 211:10 repeatedly 240:4 rephrasing 196:12 replacements 217:14 report 233:15 reporter 194:23 representation 291:24 represented 211:22 295:2,3 representing 228:2,8 reputation 263:16 request 206:7 211:25 212:9 269:3,5 274:24 requests 162:1,2 163:1 168:15 172:22 174:12 175:20 179:21,23 185:6,9 186:10 198:5 212:14 213:6,17 297:7 required 170:8 240:13 275:20 reside 203:10 281:7 resided 290:14 residence 288:18 289:8,10 residential 289:12,20,22 residents 264:5 resides 203:18 280:23,25 281:5 288:20 resign 215:25 217:13 resignation 200:7 215:16,18 resigned 166:12 200:5 214:1,4 215:12 resigning 165:13 resigns 164:24 resolve 278:16 resolved 242:23 249:2 294:23 resolving 246:2 respect 292:25 respond 218:9 238:2 256:20 270:15 294:6,8,11 responded 219:13 224:17,18,21 229:19 responding 229:8 response 237:24 279:16 responsible 244:25 245:1 rest 173:17 295:8 retaliating 255:16 retract 164:11 166:5 167:6 returning 167 returns 189:10 reveal 220:7 review 160:16,19 246:21 rid 243:14 245:22 246:3,24 247:1,17, 19,22 ridiculous 204:19 273:10 rights 276:7 Ring 162:9170:16 174:21 179:5 197:8 200:17 213:1216:8 217:2, 13 220:1,3,9,11,19, 21222:3,14,17,25 223:15 240:25 241:1,13,21,25 242:3,22 245:18 258:21259:2,13,15 260:9,20,25 261:1, 9 265:18 Ring's 162:23 260:12 rip -off 267:7 ripped 252:17 ripping 253:10 risk 256:19 River 296:18 road 289:25 Roanoke 191:21 rocket 236:16 room 169:6 223:20 row 173:9 199:10 Rubicon 225:20 226:2,16,22,23 ruin 271:20 run 179:7 233:15 270:18 running 182:25 rush 204:1 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: Red -settle Russell 174:22 178:20,21 179:4 217:19 Ryan 174:10 195:6,20 S salaries 196:4 salary 183:22,24 184:2 sanction 243:11, 13 sanctions 243:20 245:8 260:19 Sasser 291:2,11 sat 256:23 Saturday 297:18 save 175:15199:11 239:14 schedule 293:21 294:13 295:8 scheme 164:8 secretary 164:22 169:6 172:21 178:18,19,21 179:3 181:19 183:20 200:8 206:20 213:13 215:14 254:7 259:23 260:2 283:25 seek 276:2 send 164:19 201:3 213:2 217:21 223:6 231:12 268:3,4 275:3 September 294:1 295:9 serve 184:4 235:22 served 235:24 260:23 serving 220:11 set 180:9270:20 settle 218:13,19 227:5 246:1,14,15 247:20 248:2,11,20 settled 165:15 208:18 settlement 217:5 219:1,8,15 223:19, 23 224:4,11,23 227:2,3 239:6 240:9,10,12 242:9, 12,14,20 243:3 245:19 246:6,9 247:10 248:7,9,16, 17,19,23 255:25 256:2,4,8 settles 208:10,14 Seventh 161:2 shame 228:14,15 264:9 share 255:23 shared 224:11 256:12 sheet 193:24 Sheila 176:15 shit 233:24 234:3 246:18,19,20 276:16 291:7 shitty 291:8 shock 249:7 shocked 249:5,6,8 short 296:10 show 174:14 176:5,10 177:19 185:18 193:12 198:20 201:15 202:19 214:23 237:3 279:15 showed 222:16 233:15 269:22 283:7 showing 190:10 193:14 216:19 sic 273:3 Sid 221:25 side 246:7,10 248:20 256:7 sign 264:12 267:5, 8 288:5 signed 225:11 243:17 signs 231:22,23,25 silly 298:8,10 Silver 273:3 similar 256:15 simply 256:10 sir 175:6,11,25 176:20 190:11 199:16 205:20 206:12 237:19 290:8 sit 233:7250:15 sitting 230:25 Skip 220:21,23 222:5 227:15,18,20 228:16 236:15 238:24 240:15 243:21,22 257:18 skull 217:11 sleeps 290:2,4,17 slept 290:14 slew 229:23 230:2 smart 189:5 smiles 262:25 Smith 162:15 163:3 164:13 172:12,16 173:5, 10,21 197:5 201:15 204:16 205:1,14,21 206:25 207:21 219:20 223:7,11 231:1235:10 236:2,4 245:2 257:20 266:23 280:1284:22,25 286:13 292:7 293:24 294:9 298:4,7 sober 236:12, 237:24 249:14,15, 24 250:10,12 251:3,6 258:12,19, 22 259:5,9,16,22 261:15,17 262:4 263:20,23 264:20, 21265:1270:17,20 271:6,12,20,23 272:7,10,22 social 162:22 sole 160:21 162:10 189:2 207:17,25 solicited 168:5,13 204:22 solution 201:3 son 162:11 163:2 164:7 173:19 174:10 192:19 198:3,17 202:8,20 203:10 204:2,21 216:2,9 228:16,23 235:3,15,16,21 238:25 244:9,21 265:16 278:5,23 279:17,18 281:12, 16,21282:6,14,18 283:12,14,18,23 284:18 285:22,23 286:22 287:1,8,19, 22,25 288:1,16 289:6 290:8,12,13, 17 291:10 son's 160:22 165:14 173:19 192:20 193:10 212:20 219:24 251:4 278:6 sophisticated 211:2 sort 242:11243:25 247:13 sought 168:2 space 175:10 193:3,6,10 288:4 speak 222:19,23 223:15 273:24 278:23 specific 209:17 245:9 specifically 170:8 209:15 279:17 specifics 174:8 254:12 speculate 266:25 speech 256:21 speeches 277:1 speed 292:22 spend 167:13 295:7 296:9 spending 294:2 spoke 220:3,19 242:6 264:17 spoken 289:2 spread 268:4 stand 259:12 standing 189:7 start 237:20293:4 started 242:25 247:12,13 starting 264:9 state 171:18 176:10 192:8 195:15 202:11 208:19 226:3 244:11259:23 270:19 272:20 278:10 279:2 280:4,11281:25 284:14,20 286:9,20 290:6,22 292:1,5 295:10,13 stated 209:11 240:4,7 254:4 258:14,16 259:8 271:5 293:22 statement 160:17 162:4 167:6 193:12,23 205:21 206:18,19 225:24 229:25 253:9 256:11259:18 280:13,16 statements 256:16 276:20 277:10,20 states 166:7298:3 stationary 283:14 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: settled-substance statute 212:2 stay 223:19 288:14 293:19 stayed 168:17,21 staying 174:17,18 steal 166:16,20,22 stick 237:17 stole 164:4 166:14, 18 stop 184:17187:23 188:4 207:13 251:3 Stream 172:17 176:16 213:7,8,17, 21236:11237:3,24 257:10,12,25 258:12,19 263:21 264:5,8,13,22 265:2 270:17,20,21 271:5 284:10 290:25 294:3 Street 278:11 279:6 280:8,19 281:18,23 282:7 283:16 287:4,13 291:22 292:3 strike 240:20 267:17 282:15 285:22 struggling 270:24 274:13,14 Stubbs 220:23 221:25 stuck 200:19 stuff 164:23 165:24 178:15 204:18 215:15 stupid 244:2 subject 200:17 238:18 249:21 subpoenaed 269:19 subsidiary 181:6 substance 220:8 261:4 sudden 237:15 sue 173:13 sued 172:17,19 232:17 269:16 sues 173:11,12 suggest 256:19 267:21 suggested 229:23 230:1 suit 161:11 199:3 suits 246:4,25 247:22 sum 219:7270:23 274:2 Sunday 297:19,20 Sunshine 167:23 supposed 195:15, 16 210:25 211:1 238:7,8,9,23 274:25 Supreme 284:12 286:6,11,18,23 287:2,9 291:25 surgery 236:21 surprised 173:22 surrounding 270:21 suspend 293:13, 20,21294:4 298:12,13,16 299:3 Sweet 259:22 261:14 263:23 266:21272:10 Sweetapple 160:5 161:15,16 162:17 163:6,12,16 164:17 165:20 168:11 171:6 172:1,9,14, 19 173:7,23 174:1 175:23 176:2,9 177:7 178:12 179:9 180:7,10,14, 18,21 184:16 185:22 187:11 188:8 189:21 190:17 193:1 194:7,11,15,21 195:1 196:18 197:7,20 198:16 199:3,7,12 201:17, 21202:1,3,15 204:10,20 205:5,8, 15,24 207:2 208:3, 16 212:13,17 213:12 216:17 217:1219:22 220:10 221:22 223:9, 225:12 228:4,9 231:2,12 232:11,16 233:2,10 235:8,13,20 236:9 240:3 241:12 244:7,17,20 245:6, 16 250:11251:12 253:13 254:18 255:6,24 256:13,23 257:5,8,15,19,23 261:8 262:18 264:11,20 267:1151 6 270:2,11271:10 272:6,17,19 273:14 275:18 276:5,12, 19,22 277:8,16,19, 24 278:3 280:2 283:11285:3,10 286:11,15 292:8 293:2,10,12 294:7, 12,15 297:13,23 298:5,10,18 299:2, 10,12,17 swore 291:20 sworn 162:20 163:7 172:25 290:23 291:10 T table 180:6 225:7 taking 219:1 261:18,24 293:14 299:8 talk 242:12,17,18, 19 243:15 251:7 254:5 257:1 275:14 talked 243:5,25 245:24,25 246:2, 23, 248:24 249:2,4 250:23 276:19 talking 179:11,13 199:1,3,5 201:20 202:24 204:9 206:13,18,19 212:3 213:24 216:1,8 237:11,21239:18 241:8 246:4 247:6, 12 249:21277:15 targets 230:10,11, 13 tax 189:10 210:24 Taylor 162:13 163:4,11 164:8,15 165:14,19 205:2 207:22 218:1 219:12,13 235:18 255:2 256:20 293:22 telephone 218:6, 22,25 274:21 284:10 286:3,4 telephonically 198:8 telling 167:8172:5 197:15 234:9,12 247:14 267:2 285:22 297:2,14 temporary 201:3 tenant 174:25 181:10 terminate 250:2 terms 170:13 209:7 218:23 298:10 terrible 203:5 231:18 testimony 163:7 172:25 214:24 218:2 248:18 262:17 295:21 297:16 thing 203:5 239:21 242:13 243:4,14 things 173:12 201:10 243:16 263:3,24 267:11 293:1298:19 thinking 250:12, 14 Thirdly 250:8 thought 226:11 227:14 249:11 252:10 255:4 261:17,19,24 262:8,9,24,25 263:1,23,24 264:1 265:25 274:12 Thrasher 231:9 238:7,8,16,23 239:9,22 240:1,5,9, 11,13 269:2 271:8 291:1 Thrasher's 295:1 threat 167:15 250:20 259:12,14 threaten 259:7 threatened 223:24 259:5 threatening 250:16 251:2 threats 224:24 Thresher 269:22 threw 225:7 Thursday 294:22 time 160:3167:13 168:18 169:11 174:6,16 175:15 183:6 197:14 199:11207:12 215:5,10,13 220:12 222:7 233:18 234:8 239:21,22 241:2,245:11,14 250:22 276:24 285:12 293:10 294:2,18 295:7,12 296:9 297:23 298:5,13,22,25 299:4,14 times 166:3173:16 199:10 217:9 267:21 tin 273:1,2,16 title 177:20,22,23 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: sudden-treated 178:4 today 194:2 215:7 219:14 today's 293:25 told 165:22178:24, 25 179:2 182:10 183:5 184:10 193:9 197:14 200:5 214:12 222:3,5 231:6 233:8 238:4,22 244:23 248:13 251:23 268:6 275:7,13 288:15 295:3 Tom 238:11,24 240:16 tomorrow 295:14 ton 270:25 top 264:10 topic 237:18 touched 234:16,25 235:1 town 172:17 213:7, 17 231:21,24 232:2,4 236:24 237:3 239:14 240:8 250:17 251:3,8 252:14,20 257:24 261:16,18, 24 262:2,21 267:24,25 268:3,9, 23 269:16 271:20 272:4 290:25 294:2,21,24 townhouse 281:4 track 294:18 train 263:1 transcript 228:3 231:10,11 transparency 168:2 treasurer 187:19, 21 190:20 treated 235:15,16 troublemaker 221:2 true 164:16211:21 272:22,24 277:10, 20 278:21,24 279:9,24 280:13,15 291:12 293:1 trust 288:2 trusted 217:16 truth 172:6234:9 turn 236:12237:23 273:2,16 two- and -a -half 255:21 two- and -half 255:20 Tyne 279:11 type 204:18 231:22,23,24 u Uh -huh 247:8 unable 247:2,4 unauthorized 204:22 221:14 unaware 217:23 219:1284:17 285:1 understand 173:3,11200:23 211:12 212:8 215:1219:7 248:15 270:7 276:4 282:18 understanding 169:16,21 170:1 212:12 219:10 understands 212:13 understood 218:16,18 unencrypt 215:22 unequivocal 218:23 Unethical 267:5 unique 167:25 unknown 270:22 unpleasantness 166:6 unproductive 221:9 untenable 235:22 untrue 233:4 291:15 unwilling 247:4 upset 267:25 268:2 urgency 293:18 utilize 266:15 V vacations 297:7 valor 221:12 Vargas 267:7 verbal 269:4 verbatim 167:16 verified 290:24 291:11 versus 161:1,8 vice 290:22,24 vicinity 259:15 288:18 290:9,15 victory 239:22 vindictiveness 235:24 violation 264:2 violations 167:22 171:10 violent 234:14,24 Virginia 191:21 289:14,15,24 290:1 295:20,24 296:5,12 visit 166:6 Volume 299:24 voluntarily 270:16 voter 203:13 W wait 242:16255:24 299:5 walk 270:7 walked 243:1 wanted 166:14 188:5 201:24 221:25 238:11,16 247:17 248:6 252:23 254:8 263:17,22 264:12 265:24 266:2 268:7 274:17 watch 202:6 watching 253:23 254:9,23 water 270:21 website 187:3 Wednesday 294:19,20 week 206:7,24 215:8 294:19,24 296:10,13,24 weekend 296:16, 20 weeks 169:9,14,24 207:5 293:24 294:17 295:4,5,6 297:7 west 176:13,17,25 181:14 188:18 192:20 193:5,15,17 196:23 289:14,15, 24 290:1295:20,24 296:5,12 whatsoever 163:19 202:14 whitewater 296:18 whoa 236:19 Index: troublemaker -young whorehouse 264:14,16 266:21 wife 175:25187:15 190:19 204:14 229:17,21230:1 265:14 288:5 296:8 William 174:21 259:2 291:1 windfall 164:8 218:21 withdrawal 276:7 withdrawn 248:6 275:17 276:6,11 withdrew 243:21 276:13 Witmer 174:10 195:6 203:23 witnesses 173:1,17 word 232:9 236:15 250:10 words 229:1 271:22 work 162:21 168:6,14 192:13 195:20,21216:9 288:22 295:5 worked 288:15 working 169:2,11 173:9 201:22 203:20 215:2,8 works 168:25 169:3,4 world 244:25 289:11 worry 217:6 Worthline 238:11 write 199:25 200:16 234:12 271:2 273:17,19 275:6 write -off 210:24 writing 174:11 205:10,17 206:9, 12,21214:13,14 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 215:9 223:5,14 269:2,7 270:15 writings 273:22 written 209:24 240:12 270:3 288:1,3 wrong 236:17,19 wrote 198:17 199:13 200:18 201:6 214:25 215:6 217:25 234:11252:5 269:2 275:9,10, 279:11285:18 VA y -n -n 191:19 year 164:3181:23 195:19 213:25 290:15 296:12 years 179:6 188:12,14,16 190:15,18 206:20 277:14 yesterday 215:7 218:25 York 195:15 young 189:3 Supplemental responsive document TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail March 17, 2015 Asset Enhancement, Inc. [mail to: records @commerce - group.com] Re: GS #1423 (832) Provide a copy of all non privileged Public Records which were at the Deposition of Martin O'Boyle on September 15, 2014 and which were brought by Scott Morgan, William Thrasher, Bob Sweetapple and /or Joanne O'Connor (the "PR's') We would request a privilege log for any documents or other (PR's) which the Requestee asserts are privileged and which the Requestee asserts that the Requestor is not entitled to received said PR's. As to the PR's, please identify which PR's came from each of the party's enumerated above. Dear Asset Enhancement, Inc. [mail to: records (a),,commerce- eroun.coml, The Town of Gulf Stream received your public records requests dated September 17, 2014. You should be able to view your original requests at the following link h_pt : / /www2.eulf- stream. ore/ WebLinkS /0 /doc /21016/Pagel.aspxx. If your request was verbal, then the description of your public records request is set forth in the italics above. In future correspondence, please refer to this public records request by the above referenced numbers. The supplemental responsive document is Volume 2 of the deposition transcripts. The exhibits are embedded within the deposition transcripts which are attached to this email. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records