HomeMy Public PortalAboutO'Boyle Transcript - Part 1In The Matter Of:
MARTIN E. O'BOYLE v.
TOWN OF GULF STREAM
Deposition of MARTIN O'BOYLE
September 15, 2014
Vol I
DEBRA DURAN
A S S O C I A T E S
Registered Profe cional Reporters
P.O. Box 2288
West Palm Beach, Florida 33402
561 - 313 -8000
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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 I
TOWN OF GULF STREAM,
Defendant.
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
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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
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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
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I N D E X
IWITNESS: DIRECT
BY MR. SWEETAPPLE: 6
CROSS REDIRECT RECROSS
E X H I B I T S
NUMBER DESCRIPTION PAGE
DEFENDANT'S
EX.
1
AFFIDAVIT
22
DEFENDANT'S
EX.
2
TOWN COMMISSION MEETING
43
DEFENDANT'S
EX.
3
PETITION TO GULF STREAM
68
SPECIAL MAGISTRATE COURT
DEFENDANT'S
EX.
4
6TH CIRCUIT OPINION RE:
72
O'BOYLE V SHULMAN ET AL
DEFENDANT'S
EX.
5
NEWSPAPER ARTICLE
100
DEFENDANT'S
EX.
6
LAWSUIT FILED BY CITIZENS
AWARENESS FOUNDATION
142
(Exhibit 6 was inadvertently taken and replaced)
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Page 5
P R O C E E D I N G S
Videotaped Deposition taken before Debra
Duran - Bornstein, Registered Professional Reporter and
Notary Public in and for the State of Florida at Large,
in the above cause.
THE VIDEOGRAPHER: We are on the video record.
This is the 15th day of September, 2014. The time
is approximately 9:50 a.m. This is the videotaped
deposition of Martin O'Boyle, in the matter of
O'Boyle versus the Town of Gulf Stream.
This deposition is being held at 224 Datura
Street, suite 1405, West Palm Beach, Florida 33401.
My name is Jason Peterson. I'm the
videographer representing Legal Graphicworks.
At this time would the attorneys please
announce their appearances for the record?
MR. SWEETAPPLE: Plaintiffs.
MR. TAYLOR: Nick Taylor, here for the
plaintiff.
MR. DESOUZA: Dan DeSouza, on behalf of the
plaintiff.
MR. SMITH: Culver Smith, representing
Jonathan O'Boyle, William Ring and the O'Boyle Law
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
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Firm. Page 6
MR. SWEETAPPLE: I believe Mr. Ring is also
here. He is counsel. Is he appearing on his own
behalf, or just as a party?
MR.SMITH: He is a party to your motion.
MR. SWEETAPPLE: I'm Robert Sweetapple on
behalf of the Town of Gulf Stream. With me is
Joanne O'Conner from Jones Foster, and Mayor Morgan
is also in the deposition.
MR. DESOUZA: And Mr. Thrasher.
MR. SWEETAPPLE: And Mr. Thrasher is here as
well.
Thereupon,
(MARTIN O'BOYLE)
having been first duly sworn or affirmed, was examined
and testified as follows:
DIRECT EXAMINATION
THE WITNESS: I affirm to tell the truth.
BY MR. SWEETAPPLE:
Q. Would you please state your name, sir.
A. Martin E. O'Boyle.
Q. And Mr. O'Boyle, what is your business
address?
A. 1280 West Newport Center Drive, Deerfield
Beach, Florida.
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Q. And is that an office building or what type of
premise is that?
A. I would call it a flex building.
Q. Flex building. All right.
And how are you currently employed?
A. I guess I'm not employed.
Q. Okay. And are you associated with any
entities for whom you perform services?
A. Yes.
Q. Okay. And what -- of those services, you are
remunerated for or not remunerated for?
A. You want to know if I've received any
remuneration?
Q. You said you are not employed. Are you
working for compensation or for profit in any activities
currently?
A. I don't know how to answer the question.
Q. Let me break it down for you this way.
Before I do, I notice that you have a
gentleman who is videotaping us. Who is that gentleman
that I'm looking at there?
A. If you're looking at Doug Stacy, it is Doug
Stacy.
Q. And who is Mr. Stacy?
A. He is a man.
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Q. I understand. Is he in your employee in
any -- directly or indirectly?
A. No.
Q. Does he work for any entity that you have an
interest in?
A. No.
Q. Do you know why he is here?
A. Yes. To videotape.
Q. And who asked him to be here?
A. I did.
Q. You did. And he is here as a volunteer; he
works without compensation?
A. You know, I don't know. I never asked.
Q. You don't know if he is working for you as an
investigator and being compensated?
A. I don't think he is working for me as an
investigator.
Q. Has he ever worked for you in any capacity?
A. He has done things for me, yes.
Q. Has he ever worked for any of your entities,
any entity in which you have an interest?
A. I think he has done things for entities that I
have an interest.
Q. And has he been compensated in the past by you
or any entity in which you have an interest for any
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services he's provided?
A. Not that I know of.
Q. He's never received any compensation at all
for any of his work that has involved you or your
companies; is that correct?
MR. DESOUZA: Objection. Form.
THE WITNESS: I don't know.
BY MR. SWEETAPPLE:
Q. You don't know, or he hasn't?
A. I don't know.
Q. Who would know that? Would Ms. De Larmartini
know whether or not Mr. Stacy has been receiving money
from any of your entities?
A. She may.
Q. Okay. And how do you communicate with
Mr. Stacy? By e-mail, by text, verbally?
A. Verbally.
Q. Do you ever communicate with him by e-mail?
A. I don't think so.
Q. How about by text?
A. I don't think so.
Q. And he has come with you to city hall in the
past; has he not?
A. I don't think so.
Q. Has he ever been with you and performed
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filming at city hall?
A. I don't think he's ever been to city hall.
Q. Town Hall in Gulf Stream.
A. I don't think so. Wait a second. He may
have.
Q. You say "might have." That is the second time
you've said that.
Have you ever had your deposition taken
before, Mr. O'Boyle?
A. I have.
Q. How many times?
A. I would say more than five.
Q. More than ten or less than ten?
A. I would say less than ten.
Q. I presume you've been told the normal advice
at the commencement of a deposition, but I'll go ahead
and repeat those just in case.
I'm looking for your personal knowledge based
on any facts that you're aware of personally, not your
opinions. You understand that, don't you?
Do you understand that?
A. You only want facts.
Q. Right. You've written that down I see.
A. Yes.
Q. And have you ever been told that previously
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Page I I
when you've been deposed?
A. Never.
Q. And I'm not looking for your opinions; is that
understood?
A. I wrote "not opinion, only facts."
Q. Right. And I'm not looking for you to
speculate or guess, so if you don't know the answer to a
question, please just tell me you don't know the answer.
Don't tell me might be, may be, or guess. Is that
understood?
Is that understood, sir?
A. I think so.
Q. I see you're writing down some of the things
that I'm pointing out to you. Is that your practice in
depositions to write down things that the lawyer
questioning you says in addition to videotaping him?
A. I try to understand it, and the best way to do
it is to sometimes have it in front of.
Q. What is your educational background, sir?
A. I went to the 11th grade.
Q. You didn't go to the 12th grade?
A. No.
Q. I thought you dropped out of high school in
12th grade according to the materials you disseminated
to the people in the Town of Gulf Stream.
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A. I finished the 11th grade.
Q. What school did you finish 11th Grade?
A. Collingswood High School.
Q. What year did you finish the 11th grade?
A. I think 168.
Q. And did you pass the 11th grade?
A. Yes.
Page 12
Q. And you never started in 12th grade; is that
correct?
A. That's wrong.
Q. Did you start 12th grade?
A. Yes, I did.
Q. And how far into 12th grade did you go?
A. A little over six weeks.
Q. You can read and write, correct?
A. Yes. I can read and write.
Q. Are you capable of answering my questions
without writing every time I say something?
A. I'm not sure.
Q. Okay. Do you realize that if you proceed to
write notes to yourself during this deposition, that
will prolong this process?
A. I'd rather have it take longer and do it
right.
Q. That's exact the way I feel. I want to make
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sure we're on the same page.
When I walked in the room, Mr. O'Boyle, I saw
a picture of an Air Stream trailer, and it says
"Sweetapple's Beach." I'm sure it's in the videotape if
I step back. I'll move this box of my materials that
I'll be questioning you about.
Did you bring that with you here today?
A. I did.
Q. And did your attorneys see you bring that into
this deposition?
A. No.
Q. And why did you bring that to this deposition?
A. Because I think it fits in the overall scheme
of what you're going to ask.
Q. So you have anticipated what my questions are
here today?
A. I didn't say that.
Q. And with regard to -- let's go back now with
regard to my questioning of you.
If I do ask you something that you don't
understand, what I would like you to do is to wait until
I conclude my question, and then tell me you don't
understand and I'll rephrase it.
Is that fair, Mr. O'Boyle?
A. I assume when you say wait for him to finish,
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that's if I don't understand it.
Q. No. You should wait for me to finish whether
you understand or don't understand.
Is that fair, Mr. O'Boyle?
A. Yes.
Q. And that by the same token, I should wait for
you to finish, and I'll endeavor to do so.
Is there any reason you're unable to give a
deposition here today, Mr. O'Boyle?
A. I don't feel too good, but besides that.
Q. Are you under a doctor's care for any physical
or mental impairments?
A. I don't know that I want to go into the
doctor /patient.
Q. Is there any reason that you cannot give
testimony here today; that you're unable to recall or to
testify truthfully?
A. Well, I'm pretty sure that I can truthfully
testify to the best of my ability.
Q. And you said you're not feeling well. If at
any point you need to take a break in this deposition,
please let me know and I will accommodate you. Is that
fair?
A. Yes.
Q. Okay. Now, getting back to depositions,
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please tell me each time that you recall having been
deposed in a case. And if you could do it in a
chronological order that would be helpful.
And when I say "you" sir, I mean you
individually and you in any representative capacity.
A. Well, I can remember three of them. The most
recent was a case called Campbell, that I would say it
was within the last four to six months. Another one was
with Longport, New Jersey, probably around the same
period. And another one with a gentleman named Isen,
and that was years ago. They're the three I can
remember.
Q. You can't remember any other cases that you've
testified in?
A. I can't.
Q. That is in deposition. What about testifying
in a proceeding in court? How often have you testified
in a court proceeding, either individually or in a
representative capacity?
A. I testified before Judge Middlebrooks a year
or two ago.
Q. Any other cases?
A. I can't think of any.
Q. Now, the Campbell case, where was that case?
A. New Jersey.
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Q. And were you individually a party?
A.
Yes.
Q.
Were you a plaintiff or
a defendant?
A.
Plaintiff.
Q.
And when was that case
filed?
A.
After hurricane Sandy.
Q.
What was the nature of
the claims you brought?
A.
He was hired to protect
my home; and my home
was not
protected, but there were
plenty of empty liquor
bottles
and girls running around.
Q.
And did you go to trial
in that case?
A.
No.
Q. Did you settle the case?
A. No.
Q. Is the case still pending?
A. Yes.
Q. And you were deposed, you say, approximately
four to six months ago?
A. I think so.
Q. In Longport, New Jersey, you didn't give me
the style of the case you testified in. Do you remember
the style of the case you testified in?
A. I think it's O'Boyle versus Longport, but -- I
think that's what it is.
Q. And is that the only case that was pending in
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New Jersey at that time, or did you have other lawsuits
you brought in New Jersey in addition to that case?
MR. DESOUZA: Objection. Form.
BY MR. SWEETAPPLE:
Q. Strike that. I'll rephrase it.
You were the plaintiff, obviously, in O'Boyle
versus Longport, right?
A. Yes.
Q.
Were you a party to any other cases in New
Jersey
during the past five years?
A.
The Isen case, which I told you
about. But
that may
have been longer than five years
ago. And
there were
two OPRA cases.
Q.
That's a public records request
case?
A.
Well, it's called OPRA public records.
Q.
That you were the plaintiff in?
A.
I'm not sure.
Q.
Okay. And you didn't testify in
those cases?
A.
I did not.
Q.
Any other cases that you brought
in New Jersey
in the
last five years?
A.
Not that I know of.
Q.
And the Isen case is a case that
you brought
against
an individual for defamation?
A. Yes.
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Q. And you testified in that case?
A. No.
Q. You didn't testify at deposition in that case?
A. Oh, deposition. Yes.
Q. What about at trial?
A. It never went to trial.
Q. And are there any other cases that you can
recall that you have testified in either in deposition
or trial?
A. No.
Q. So as you sit here today, there is only four
times that you can remember testifying?
A. As I sit here right now, I've told you what I
remember.
Q. Okay. Now, can you tell me how many lawsuits
you have been involved in either individually or in a
representative capacity?
A. I don't know what your question is.
Q. How many lawsuits have you either individually
brought as a plaintiff, or brought in a representative
capacity on behalf of some entity in which you were
associated; or have you been sued either individually or
in a representative capacity in the last five years?
A. I think I've answered the last five years.
Q. Okay. What about the last seven years?
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A. I would be guessing.
Q. Okay. Have you ever been involved in any
litigation in Tennessee?
A. Yes.
Q. And can you tell me, were you a plaintiff or a
defendant -- how many cases were you involved in, in
Tennessee?
A. I don't know.
Q. Were you involved in more than one case in
Tennessee?
A.
I don't
know.
Q.
Were you
a plaintiff or a defendant in the
case in
Tennessee?
A.
The case
I'm thinking of, plaintiff.
Q.
And what
case are you thinking of?
A.
It was New
Midland Plaza Associates versus
Four States Bank.
Q.
And what
was the nature of that case?
A.
It was a
lender liability case.
Q.
And you were a named plaintiff in the case?
case?
A. No.
Q. And your wife was a named plaintiff in the
A. No.
Q. Who do you believe were the named plaintiffs
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in the case?
A. New Midland Plaza Associates.
Q. And what court was that case in?
A. I think it was Blount County State Court. But
it may have been the federal court. I don't remember.
I think it was Blount County.
Q. Well, you litigated in Tennessee in both the
state court and the federal court, didn't you,
Mr. O'Boyle?
A. Yes.
Q. In fact, you sued a law firm in federal court,
didn't you?
A. Yes.
Q. And
A. Whoa, whoa, whoa. No, I didn't. I think New
Midland Plaza Associates sued a law firm in the federal
court.
Q. You don't think you were a named plaintiff?
A. I don't think I was a named plaintiff, no.
Q. And you -- the entity was New Midland, you
said?
A. Uh -huh.
Q. That's "yes ?"
A. Yes, sir. Yes, it is.
Q. One of the other admonitions I didn't give
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you, I will try to remember, is please try to answer
"yes" or "no" where you're attempting to do so and don't
say "uh -huh" or "uh -uh." Is that understood?
A. Yes.
Q. Okay. What was your relationship with New
Midland?
A. I was a partner.
Q. And the suit that you filed that you called a
lender liability case, how long was that case pending?
A. Seems forever.
Q. Do you think it was pending for approximately
seven years?
A. I don't think it was that long.
Q. Do you remember a case by the name of Martin
E. O'Boyle, John E. O'Boyle, Catherine O'Boyle, Commerce
Partnership No. 1147 and Commerce Partnership No. 1171
versus First Union National Bank, et al. It was a
Blount County case.
A. That's the one I just told you about.
Q. But I thought you told me the plaintiffs' name
was New Midland?
A. I did.
Q. Wasn't the actual plaintiff's name Martin E.
O'Boyle, John E. O'Boyle, Catherine O'Boyle, just as I
read to you?
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A. No. I don't believe so.
Q. It wasn't. Okay. And in that litigation, you
were sanctioned personally on multiple occasions; were
you not?
A. I don't think so.
Q. Okay. And you were also held in contempt;
were you not?
A. I would have to see it. I would have to see
it.
Q. Let me show you an affidavit that was filed by
the judge in that case, W. Dale Young. I'm marking it
as Defendant's Exhibit 1.
(Defendant's Exhibit No. 1 was marked for
identification.)
BY MR. SWEETAPPLE:
Q. And I'm going to ask you if you've ever seen
this document. I'll show it to your counsel, first.
MR. DESOUZA: Bob, I don't mean to interrupt,
but I'm not really sure how this has any relevance
to your motion for sanctions or the merits of this
case.
If you want to explain to me how going through
litigation from 2006 has some bearing to a public
records lawsuit that was filed in 2014, I'm all
ears. But I've been letting you go for a while on
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this. I'm not sure I'm going to let you go much
further.
MR. SWEETAPPLE: Well, I'm not here to educate
you and I'm certainly not here to tell you the
standard of a deposition is certainly not
relevance. And I'm planning on taking this
deposition and I would appreciate it if you would
just don't make any speaking objections. If you
have an objection, please make it on the record.
MR. DESOUZA: I'm giving you a chance, before
I start instructing Mr. O'Boyle not to answer
questions that have nothing to do with this case,
I'm giving you the chance to explain to me why I
shouldn't do that.
MR. SWEETAPPLE: Well, you shouldn't do that
because the law precludes it. And I'll be moving
for sanctions against you and Mr. O'Boyle if you do
it.
MR. DESOUZA: Bob, I can't stop you from doing
what you're going to do.
MR. SWEETAPPLE: I'm going to take full
discovery, Counsel.
MR. DESOUZA: Full discovery of what? I don't
want to be here at 10:00 p.m. tonight, Bob, as
we're going through stuff from ten years ago
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because you feel like harassing the witness. So
I'm asking you to actually ask some questions about
this case.
MR. SWEETAPPLE: This case is going to involve
additional defenses. I'm taking discovery with
regard to counterclaims that arise from this case,
and other claims that arise from Mr. O'Boyle's
actions in this case.
And this is directly going to be very relevant
when you get through with the questions I have for
you today. You may know a lot more than you know
now, Counsel. So just bear with me. I think you
will become very educated as this litigation
proceeds.
MR. DESOUZA: Thank you for that, Bob.
BY MR. SWEETAPPLE:
Q. Mr. O'Boyle, looking at Exhibit 1, does that
refresh your recollection as to litigation you were
involved in, in Tennessee personally?
MR. DESOUZA: You can answer the question
whether that refreshes your recollection or not.
THE WITNESS: Say your question again.
BY MR. SWEETAPPLE:
Q. Does that document that I've handed you
refresh your recollection as to litigation that you were
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personally involved in, in Tennessee?
A. Well, the affidavit at the beginning of it is
bogus.
on.
MR. DESOUZA: You need to put your mic back
THE
WITNESS:
Pardon?
MR.
DESOUZA:
Your mic
fell off.
THE
WITNESS:
What was
the question again?
BY MR. SWEETAPPLE:
Q. Does that document refresh your recollection
as to whether or not you were a plaintiff in litigation
in Tennessee?
A. The affidavit is -- I don't believe is a valid
affidavit, and so it does nothing for me.
Q. Okay. So as you sit here, do you recall being
a plaintiff in litigation in Tennessee?
A. Yes. I already -- the styling of the case was
New Midland Plaza Associates versus -- it went from Core
States Bank to another bank, to another bank, to -- I
think it ended up at First Union Bank. This document
shows New Midland Plaza Associates versus Core States.
And this is a memorandum from the judge dated
November 2nd, 2006.
Q. And are you aware whether or not any court in
Tennessee stated, "The court finds that O'Boyle's
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Page 26
intent, purpose, and strategy in pursuing his claims was
to conduct this litigation in a manner which had the
maximum financial impact on defendants. The purpose and
strategy manifests itself in O'Boyle's repeatedly making
arguments and taking positions irrespective of their
merits that would maximize the inconvenience and cost to
defendants."
Do you recall ever seeing that in any order
written by a judge in Tennessee with reference to you
personally?
A. Just so it's -- I don't know what the judge
means by that -- but just so it's clear, I never
appeared before this judge one time. I never testified
before this judge one time. So I don't know exactly
what he means.
Now, as an example, when we look at your
testimony before Judge Olsen, it has, I think, much
worse statements, but....
Q. Excuse me. What testimony before Judge Olsen
are you referring to? I don't think I've ever testified
before Judge Olsen.
A. Well, let me give it to you.
Q. You're talking about a motion I filed?
A. Motion, whatever. I don't know what it was.
Q. Are you talking about a motion to recuse that
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Pate 27
I filed?
A. I don't know. Would you like me to get it for
you?
Q. Sure. Why don't you get it.
COURT REPORTER: Watch your mic.
MR. SWEETAPPLE: Could you also get a picture
of this sign, if you don't mind? I'll move the
box, yes.
MR. DESOUZA: Marty, you're still on the
record. Don't answer any phone calls.
MR.SMITH: Put the phone down, Marty.
THE WITNESS: One second, please. (Discussion
on phone.)
BY MR. SWEETAPPLE:
Q. So I understand you, Mr. O'Boyle, you're
likening the court statement -- you're likening your
sanctions that were entered against you in Tennessee to
a motion I filed. Is that your position, Mr. O'Boyle?
A. I'll answer you in just a moment.
Q. Okay.
A. I didn't find -- I have it here, by the way.
I didn't find -- I didn't hit, I should say, Judge
Olsen's statements. However, what I did find --
Q. You personally found?
A. What did you say?
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Q. You said you found something. You personally
found something?
A. Yeah, I just found it. It was right there.
Q. Okay. But you're the one that did the
research to find these documents or you had someone else
do that?
A. I had someone else do it.
Q. Who was that?
A. I think it was a couple of people who did
that.
Q. Who would those people be?
A. I think one of them was a young lady that
works with me named Kelly Huang, and the other one I
don't remember.
Q. And are these lawyers that have the ability to
research cases and documents, or were these just
secretaries?
A. These were lawyers.
Q. Lawyers. Okay. Good.
So tell me why you think something that I
filed in a case is the same or relates in any way to a
court in Tennessee finding you personally in contempt?
MR. DESOUZA: Object to form.
THE WITNESS: Well, this is a -- sorry.
MR.SMITH: Go ahead.
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Page 29
BY MR. SWEETAPPLE:
Q. I'm all ears, Mr. O'Boyle. Please.
A. This is a case titled John W. Temple versus
Robert A. Sweetapple, Esquire and Robert A. Sweetapple,
Q. You were talking about Judge Olsen.
A. Just -- you aren't listening. I answered that
I haven't come to Judge Olsen, but I just saw this, and
this has things that may be more -- that may be closer.
That's what I said.
Q. You're talking about a complaint that was
filed by an opposing party in a divorce case against me;
a complaint by opposing spouse in a divorce case.
A. I don't know what it's -- what kind of case it
is. I can only read you the provisions that have been
highlighted for me such as "Sweetapple stated that he
would drag out the litigation in this case for years if
Temple did not agree to the demands of his client."
Q. And do you know what happened with that
lawsuit?
A. I do not, no.
Q. Do you know if it was dismissed?
A. No. No, I don't know.
Q. Let's go -- you provided that to Mayor Morgan;
did you not?
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Page 30
A. No.
Q. Did anyone in your office send that or deliver
that to the Town of Gulf Stream for purposes of putting
it in the town records?
A. Someone in my office, perhaps even myself,
would have sent it to Gulf Stream to put into the town
records where it belongs.
Q. Perhaps yourself, or it was you, Mr. O'Boyle?
A. I don't know.
Q. You can't remember if you did that last week?
A. No.
Q. Your memory is that faulty?
A. I'm not going to answer that.
Q. Why can't you remember if you did it last
week?
A. I answered your question. Let's move on.
Q. It happened last week. Do you know who did
it?
A. I understand that.
Q. Do you know who did it?
MR. DESOUZA: Objection
three times now.
BY MR. SWEETAPPLE:
Asked and answered
Q. Mr. O'Boyle, do you know who did it if it
wasn't you?
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MR. DESOUZA: All right. You're bordering on
harassing the witness at this point. He's already
said "I don't know" three or four times, Bob. Move
on.
BY MR. SWEETAPPLE:
Q. Mr. O'Boyle, was this sent -- from which
office was this sent last week?
A. I assume it would have been my office.
Q. What is "my office ?"
A. The one where you asked me up front where my
office was. 1280 West Newport Center Drive. Is your
memory that bad?
Q. That's a building. It wasn't sent from a
building. It was sent from some entity, I take it.
A. I have no idea, then.
Q. What entities occupy that building,
Mr. O'Boyle?
A. There's about 100 of them.
Q. One hundred entities?
A. Yeah.
Q. And they're all tenants in that building?
A. Pardon?
Q. They're all tenants in that building?
A. They have the right to be there.
Q. And are these companies and LLCs that occupy
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the building?
A. And then some.
Q. Are you affiliated with all of those entities?
A. Probably not.
Q. How many of those entities are you affiliated
with?
A.
I don't know.
Q.
And which entity do you understand sent
materials
regarding me to the Town of Gulf Stream?
A.
I already answered that.
Q.
Which entity? Do you know which entity?
A.
I already answered that question.
Q.
What was your answer? I don't remember.
A.
My answer was I don't know.
Q.
And was that done by correspondence?
A.
I answered your question.
Q.
Did you have any communications with anyone
regarding
that topic?
MR. DESOUZA: Which topic?
MR. SWEETAPPLE: The topic of sending
documents regarding me to the Town of Gulf Stream.
THE WITNESS: No.
BY MR. SWEETAPPLE:
Q. Did you talk to anyone in any of the offices
or any of the entities that occupied that building about
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Page 33
that topic?
A. No.
Q. And so what other information did you want to
remark that you believe was similar to your being
sanctioned and held in contempt by a judge in Tennessee
on multiple occasions?
MR. DESOUZA: Objection. Form.
THE WITNESS: I don't understand your
question.
BY MR. SWEETAPPLE:
Q. Okay. You indicated that I testified or did
something with Judge Olsen that somehow was equivalent
to the sanctions that were entered against you in
Tennessee.
MR. DESOUZA: Is there a question pending?
BY MR. SWEETAPPLE:
Q. Yes. I'm waiting for him to tell me what it
is he wanted to tell me. He had something he wanted to
make a point about. I'm letting him do so.
A. The case was Trafford Distributing versus
Wortley. And Mr. Sweetapple, you represented Wortley.
"An expedited hearing was conducted on
March" -- I'm sorry. "August 26, 2010 at 1:30 p.m."
Q. August 26, 1:30. What year?
A. 2010. Would you like a copy?
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Page 34
Q. I'm well familiar with the case, Mr. O'Boyle.
A. Okay. Then you shouldn't ask questions.
At 1:30 p.m.
Q. I would like it on the record, Mr. O'Boyle.
A. It's going right in.
Q. We need to put the dates and the years when we
talk about dates is what we normally do.
A. "At 1:30 p.m. And movant's counsel argued
that I should henceforth recuse myself from any
proceeding in which Ruden McClosky represents a party.
Because the case law interpreting 28 USC 455
consistently rejects this argument, I ruled from that
bench that the motions would be denied, and I would
enter in this formal written order detailing my
assessment.
"Any strongly worded language in my orders or
in the courtroom has resulted from astonishment at how
the defendants have chosen to handle certain affairs
over the past decade and, particularly, in the months
preceding this bankruptcy filing. Rather, they argue
that his employment combined with my rulings against
him, are sufficient basis to engage in a fishing
expedition. That the movants filed these motions in the
face of such overwhelming case law on the subject is
surprising. The cases go on and on, and just as I have
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Page 35
a duty to su esponte recuse myself when a disqualifying
factor comes to light, I also have a duty to retain a
case when faced with a meritless recusal motion.
"And this is no joke. This is quite literally
what the movants are asking for. Their misunderstanding
of 455 was painfully betrayed at the August 26th
hearing, when movant's counsel forcefully recused
that -- or argued that I should recuse myself from any
matter in which Ruden Barnett -- Ruden Barnett McClosky
represents a party. Whether movant's counsel did not
adequately research the case law on this subject or
simply did not digest it, I do know -- I do not know,
but fiery, impassioned oral argument in the face of a
glass mountain of precedent with no acknowledgment of
that glass mountain and no hint at a good faith basis
for a change in the law.
"This is normally sanctionable under P9011(b).
The only reason why sanctions are not warranted here,
despite this appalling lack of diligence is the layman
perception rule.
"I further find that no well- informed,
thoughtful and objective observer would argue that a
sitting federal judge should recuse himself from every
matter in which his spouse's firm represents a party.
So long as, (1) the spouse is not involved in the case;
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(2), the spouse is not an equity partner in the firm;
(3), the guidelines imposed by Congress and 455(b) are
otherwise followed.
The motion to recuse judge filed by defendant,
Barbara Wortley, in an adversary proceeding gives the
proceeding 0801793 -JKO is accordingly denied."
Q. And who did you have research that case for
you, Mr. O'Boyle?
A. I told you, Kelly, and I think one other
person. But I just don't remember.
Q. Did you ever become aware of the facts of that
case?
A. I read the opinion.
Q. Well, did you follow what happened in that
case, Mr. O'Boyle?
MR. DESOUZA: Objection. Form.
THE WITNESS: I read the opinion.
BY MR. SWEETAPPLE:
Q. That opinion?
A. Yes.
Q. And are you suggesting that somehow that
opinion asserts that I have done something wrong?
A. I'm asserting that opinion says what it says.
Q. Okay. And are you aware that an appeal of the
refusal of Judge Olsen to recuse himself in that case
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Page 37
was filed and argued and hearings were had before the
Honorable Fredrick Moreno, the chief judge of the
Southern District of Florida?
A. No.
Q. Okay. So your lawyer didn't look to see if
there was an appeal filed of that order almost
immediately after the recusal was denied?
MR. DESOUZA: Objection.
BY MR. SWEETAPPLE:
Q. Your lawyer --
MR. DESOUZA: Hold on, Bob. Are you asking
him about conversations with counsel? Because he
is not going to answer those questions.
MR. SWEETAPPLE: I don't want to know what
your counsel told you.
MR. DESOUZA: Do you want him to tell you
what --
MR. SWEETAPPLE: You're making a speaking
objection.
MR. DESOUZA: Hold on, Bob. You want him to
tell you what his lawyer did. I'm afraid that's
privileged. He is not going to answer that. So,
no, he is not going to answer those questions.
MR. SWEETAPPLE: First of all, there is no
"those questions" pending. There is no question
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pending other than the one I asked. Second of all,
you're making speakings objections again.
Next time you do it, I will file a motion for
sanctions against you.
MR. DESOUZA: I don't care what you do, Bob.
MR. SWEETAPPLE: Invoke the --
MR. DESOUZA: Bob, I don't care what --
MR. SWEETAPPLE: Please don't interrupt me.
MR. DESOUZA: If you want to excuse the
witness and then have a conversation, so you don't
have to sit here and complain about speaking
objections or coaching, whatever, I'm happy to do
that. Otherwise, let me finish, and then you ask
your question.
MR. SWEETAPPLE: I've already put my statement
on the record, Counsel, as to how I'm not going to
tolerate anymore speaking objections.
MR. DESOUZA: What is your question?
MR. SWEETAPPLE: And you have not made one
legal objection on the record yet today.
Mr. O'Boyle --
MR. DESOUZA: Well --
BY MR. SWEETAPPLE:
Q. Mr. O'Boyle, did you ever obtain from your
attorneys a notice of appeal of that ruling by Judge
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Olsen?
MR. DESOUZA: You can answer yes or no.
THE WITNESS: If I did, I don't recall.
BY MR. SWEETAPPLE:
Q. Do you know what the underlying facts were
that were alleged in that motion?
A. Yeah. Generally stated.
Q. Do you realize that there were allegations
that my opposing counsel, during the course of the case,
hired the judges fiance, who moved down and moved in
with the judge during that time period; those are
alleged in the motions. Do you recall that?
A. Obviously the judge was not very impressed
with your argument.
Q. Well, are you aware that Judge Moreno made
certain statements on the record at a status conference
immediately after that hearing, and Judge Olsen
thereafter su esponte recused himself. Are you aware of
that, sir?
A. I am not. I don't know what Judge Olsen said.
All I know is courts speak through orders.
Q. Are you aware that he immediately, after that
order, entered an order recusing himself, sir?
A. I am not aware of that, and I don't know why
he did it. It may be he was going on a trip around the
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world. I don't know.
Page 40
Q. And are -- did you read the front page of the
Daily Review that discussed this case in length and went
over the facts of this case?
A. I don't read the Daily Review.
Q. Are you aware there is a pending federal case
now against the lawyer, and both lawyers that were
involved in the allegations of that motion to recuse,
sir?
A. I don't think I am. I might be.
Q. Okay. Is there any other -- tell me, why did
you have lawyers research me and my legal work?
A. Why did you do an investigation on my son?
Q. Because he alleges to be your attorney in this
proceeding, and he alleges to be a bona fide -- to be
part of a bona fide law firm; and whether or not you are
represented by a bona fide law firm and have an
entitlement to attorneys' fees is one of the issues in
all of the cases that your lawyers have brought.
And that's just one of the issues that you'll
see relate to your alleged son's law firm, or your son's
alleged law firm.
MR.SMITH: Let me just state for the record on
behalf of Jonathan O'Boyle, I do not believe that
he alleges that he is counsel of record in this
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MR. SWEETAPPLE: I don't think he does, but I
think we're going to see that he has -- certainly
there are issues with regard to that very point and
whether or not the O'Boyle Law Firm is a bona fide
law firm that is entitled to obtain or seek
attorneys' fees. And I intend to take discovery
with regard to that issue from this witness and
other witnesses, as well as other issues with
regard to that law firm that I believe are of very
significant importance.
MR. DESOUZA: Is this your opening or your
closing statement, Bob? I'm not sure I heard a
question yet.
MR. SWEETAPPLE: It was my answer to your
client's question, Counsel. I was obligating
myself to answer your client's question.
BY MR. SWEETAPPLE:
Q. Mr. O'Boyle, so you investigated me because I
have filed a motion -- I filed a motion with regard to
your son's law firm.
A. No.
Q. Why did you investigate me?
A. We didn't investigate you.
Q. Why did you have a lawyer look at -- did you
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have a lawyer research me, my legal work?
A. We had a lawyer doing some research up at the
county building, and I said just for the hell of it --
MR. DESOUZA: Hold on. I don't want you to
testify about statements that you said to your
lawyers.
THE WITNESS: Okay.
MR. DESOUZA: So if you can answer the
question without revealing any sort of
attorney - client communication you can; otherwise, I
don't want you answering the question.
THE WITNESS: Okay.
BY MR. SWEETAPPLE:
Q. So why did you investigate me?
A. I didn't.
Q. So it was just a coincidence that you found
the Judge Olsen recusal order?
A. I didn't find it.
Q. It's just a coincidence you asked an attorney
to -- strike that. An attorney provided that to you,
correct?
MR. DESOUZA: You can answer yes or no.
THE WITNESS: Yes.
BY MR. SWEETAPPLE:
Q. And one of your lawyers who was in the
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courthouse learned a little bit about me, right? Is
that what happened?
MR. DESOUZA: Objection. Form.
THE WITNESS: I can't tell you what happened.
BY MR. SWEETAPPLE:
Q. You can't. You don't know that one of your
attorneys was in the courthouse and learned a little bit
about me?
MR. DESOUZA: Objection. Form.
THE WITNESS: No.
BY MR. SWEETAPPLE:
Q.
You've never
stated
that before?
A.
If I did, I
stated
it erroneously.
Q. You stated it erroneously?
A. Yes.
Q. Let me show you the transcript of the city --
of the town commission meeting, 6/13/14 before Gulf
Stream. I'm marking that as Exhibit 2, if you can mark
that please.
MR. DESOUZA: Bob, I'm sorry. Is there
multiple copies of that affidavit, or just the one?
MR. SWEETAPPLE: Just the one.
(Defendant's Exhibit No. 2 was marked for
identification.)
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THE WITNESS: Okay.
BY MR. SWEETAPPLE:
Q. Does this transcript of this document fairly
recite your statements made to the town council on
6/13/14?
A. I can't say. I would have to look at the
video to say. However, I did correct it at the next
meeting.
Q. Okay. And you see where it says exactly what
I just put in the record and was objected to and you
said it was erroneous? You said here -- let me read it
to you exactly.
We -- "one of my lawyers was in the courthouse
and learned a little bit about Mr. Sweetapple ". I just
asked you if that occurred; if you ever said that and
you said, no, that would be erroneous, right?
A. If that's what I said, then that's what I
said.
Q. Okay. So you did say at the meeting that one
of your lawyers just happened to be in the courthouse
and learned a little bit about me, right?
MR. DESOUZA: Objection.
THE WITNESS: No. No. That's what you said.
BY MR. SWEETAPPLE:
Q. Pardon?
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A. That's what you said.
Q. I'm reading to you from this document.
A. I understand that. The minutes from this
town, they leave a lot to be desired. I don't know.
All I know is that the Judge Benton portion of it, I
made an error; and of course you have a mayor who will
not let you ask questions. And so what I did was the
very next meeting I went and I said, What I said about
Mr. Sweetapple, I erred.
Q. Well, I'm talking now about the fact that you
said that there was a lawyer in the courthouse, one of
your lawyers. What lawyer was in the courthouse that
you're referring to here?
A. I think, I'm not sure, I think it was -- I
think it was Kelly Huang.
Q. Okay. And then you said that he had a case in
the First District Court of Appeals before Judge Benton.
How did this lawyer locate the case that was in the
First District in Tallahassee in the Palm Beach County
Courthouse?
MR. DESOUZA: If by answering that you have to
reveal conversations you had between you and this
lawyer...
BY MR. SWEETAPPLE:
Q. Let me rephrase it for you.
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The courthouse you're referring to when you
spoke before town council, was that the Palm Beach
County Courthouse?
A. I'm sorry.
Q. Was that the Palm Beach County Courthouse?
A. It was what at the Palm Beach County
Courthouse?
Q. Which courthouse did this lawyer go to where
she just happened to learn a little bit about
Mr. Sweetapple?
MR. DESOUZA: Again, if the only way you know
this is from conversations with counsel, then I
need you to indicate if that's the only way you
know it.
THE WITNESS: Okay. That's the only way I
know it.
(Mr. O'Hare just entered the deposition.)
MR. DESOUZA: I'm instructing the witness not
to answer.
MR. SWEETAPPLE: Let the record reflect
Mr. O'Hare has come into the room. I don't know if
he's staying for the deposition or not, but there
he is.
BY MR. SWEETAPPLE:
Q. So were you attempting to communicate to the
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town council that your attorney had found the Benton
case at the courthouse?
A. Could you repeat the question?
Q. Do you have any idea how this alleged decision
before Judge Benton was located from the First District
Court of Appeal?
MR. DESOUZA: You can answer yes or no.
THE WITNESS: (Conferring with attorney.)
What was your question again?
BY MR. SWEETAPPLE:
Q. Do you have any knowledge as to how this case
regarding Judge Benton was located in the courthouse?
A. No.
Q. And you stated to my client that Judge Benton
found that Mr. Sweetapple consistently misrepresented
testimony. Did you read this opinion before you made
that statement?
A. I told you, I erred in what I said. Those
words are in that opinion. Would you like me to read
them for you?
Q. Mr. O'Boyle, I --
A. Would you like me to read them for you?
Q. Mr. O'Boyle --
A. Would you like me to read them for you?
Q. I'm trying to ask you a question.
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A. Would you like me to read them for you?
MR. DESOUZA: Let him finish the question.
MR. SWEETAPPLE: Would you please read back
the question I asked Mr. O'Boyle? I think it had
to do with you reading, sir, not me. Listen to the
question.
(A portion of the record was read by the
reporter.)
THE WITNESS: I did not read the opinion.
BY MR. SWEETAPPLE:
Q. Okay. And then you said that he also found
that I failed to acknowledge well - established case law
including Supreme Court precedence.
Did you read that language regarding me before
you erred in that statement?
A. You're talking about the statement that I went
back to the commission and said I made the statement
erroneously, I apologize, and here's correctly what it
says? Are you talking about that statement?
Q. I'm talking about the statement, sir, on
6/13/14.
A. I don't know which statement you're making.
Q. Well, where you said that I failed to
acknowledge well - established case law including Supreme
Court precedence. Did you read -- strike that.
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Did you read any of Judge Benton's opinion
before you went to the commission on June 13, 2014? Or
did you just go based on what someone told you.
MR. DESOUZA: Objection. Form.
BY MR. SWEETAPPLE:
Q. Can you answer that question? Did you read
the opinion at all before you went into the commission
meeting on 6/13/2014? Yes or no, please. Do you know
the answer?
Are you able to answer the question yes or no,
Mr. O'Boyle, as to whether or not you read Judge
Benton's opinion before you attended the council meeting
on June 13, 2014?
Certify that question. I'll just move on to
the next area. I'll ask the court to bring Mr. O'Boyle
back to answer any question that he is delaying on
and --
MR. DESOUZA: Are you suggesting he's refusing
to answer you, because I don't think he's done
that.
MR. SWEETAPPLE: I asked him if he can answer
yes or no as to whether or not he's told me he
didn't read it before he said --
THE WITNESS: The answer is I can answer yes
or no.
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BY MR. SWEETAPPLE:
Q. Okay. So you don't recall?
A. I just said the answer is I can answer yes or
MFvU*V
Q. What is your answer to my question?
A. I'll let you know.
Q. Okay. You still need more time to tell me
whether or not you read it or not?
A. Yes. Yes.
Q. In other words, you have to read the opinion
to refresh your recollection?
A. I'm not going to answer that question.
Q. Let's move on to the next question,
Mr. O'Boyle.
You said also at the meeting that
"Mr. Sweetapple's noncompliance with state statute
Chapter 119 for public records." Do you recall saying
that, sir? Do you want to take a look at Exhibit 2?
A. I remember that.
Q. And then you said, "He redacted portions of
his bill. And anyone who knows anything about public
records knows if you're going to redact you have to tell
under which exception..."
Do you recall making that statement?
A. I don't recall making that exact statement,
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but I recall making a statement that would have been
very similar to that, if not that exact statement.
Q. And why did you believe I had redacted any of
my bills?
A. Because you did.
Q. I did? On what basis do you believe I
redacted any bills?
A. Every time I asked for them over at town hall
they said, we're waiting for Mr. Sweetapple to redact
them.
Q. And that makes you believe I did the
redactions?
A. Unless they're all liars.
Q. Do you know whether or not I instructed the
town's council to go ahead and redact, rather than me,
when I was asked because I deemed it was the town's
attorney's decision as to what was a public record, not
mine?
A. It was your bill. I was told by the town that
you were redacting it. That's what I relied on.
Q. So you made a public statement based on that;
that I was in noncompliance with a state statute because
I had redacted portions of my bill, correct?
A. I made the statement that I made, based upon
good faith information that I received from (a), your
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bill; and (b), from the town.
Q. And who in the town told you that I was going
to redact my bills?
A. I believe it was Kelly Avery.
Q. And did she tell you I had redacted them?
A. I don't know.
Q. And when was that conversation?
A. I don't remember.
Q. Have you had any other conversations about my
bill with the town?
A. Yes.
Q. What other conversations have you had
regarding my bills?
A. Last week, when Mr. Thrasher put his nose up
against the lens of my camera.
Q. And has anyone at town hall ever told you that
I was involved in redacting my bills?
A. Ms. Avery.
Q. Ms. Avery told you I had redacted my bills, or
I was going to?
A. I took it -- I don't remember the exact words,
but I took it as you were going to.
Q. Now, you say -- and why did you go to the Town
of Gulf Stream on June 13, 2014 and make the statements
about me?
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A. I don't know that I did go on June 13, 2014.
Q. Assuming that that's the date of the meeting
that you're reading from.
A. I'm not reading from any meeting.
Q. I've handed you a copy of Exhibit 2. It is
right here, sir.
A. Uh -huh.
Q. Why did you go to the town on that day and
make these comments?
A. Because I thought the people in the town
should realize what is going on in this town; how this
town is being -- my words -- raped.
Q. And so you thought I was part of some rape of
the town?
A. I answered the question. Whether you were
part of the rape, I don't really know, but you sure
weren't giving away anything.
Q. Hmm?
A. You sure weren't giving away anything.
Mr. Morgan, he sits up there and he preaches about how
he defends these public records lawsuits. He doesn't
defend them. You don't defend them. You're
aggressively pursuing extraneous, I guess, lawsuits,
motions, whatever you want to call it. I don't know
what the answer is.
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And I want the people to know, and I wish I
could get more people to know, and I wish I could get
more people to listen, and I wish I could get more
people to say we've had enough.
Q. And so you went there to that meeting. Did
you know the meeting was televised when you went there?
A. Televised.
Q. Did you know that the meeting -- strike that.
Did you know the meeting -- was the meeting
videotaped?
A. Yes. It was two videotapes.
Q. And do you know if those videotapes play on
any television stations?
A. No, I do not.
Q. And so you went to that meeting for the
purpose of attacking me. You called -- strike that.
You see where you called me literally a
"hotshot lawyer ?"
A. Well, you are.
Q. And you went there knowing that you considered
me a hotshot lawyer, but you went there to impugn me,
right?
MR. DESOUZA: Objection.
THE WITNESS: No.
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BY MR. SWEETAPPLE:
Q. Wasn't that your intent in making these
statements, to impugn me?
A. No. No.
Q. Didn't you do that after I filed a motion to
disqualify the O'Boyle Law Firm in this case; within a
week of my filing -- strike that -- within a week of
your meeting with Mr. Ring regarding a motion that I had
filed to disqualify your son's law firm?
A. No. I would have done it anyway.
MR. DESOUZA: Hold on.
BY MR. SWEETAPPLE:
Q. Let me rephrase.
MR. DESOUZA: Object to form.
BY MR. SWEETAPPLE:
Q. I'll rephrase it. I'm not sure if I flunked
high school English or high school history. I think it
was history. It was college, freshman year, it should
have been English, though. I'll rephrase it.
Do you recall that I filed, on behalf of the
town, a motion to disqualify your son's law firm
alleging that it is not a bona fide interstate law firm?
THE WITNESS: An absolute crime, yes, I do.
BY MR. SWEETAPPLE:
Q. It was a crime?
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A. I think it was a crime you filed that. Yes, I
0 r m
Q. So you think I've committed a crime?
A. I think you've committed a crime by filing
that, yes, sir. And Ms. O'Connor as well.
Q. What crime do you think I've committed?
A. I say a crime in the generic sense. I think
there's a litigation -- what do you call it --
litigation privilege, so you can't be -- it can't be a
crime. But I think what you did to my son in my world,
Marty O'Boyle's world, Marty O'Boyle's definition, I
think it's a crime.
Q. And you've had your son appear on your behalf
to represent you as a lawyer, haven't you, before Gulf
Stream?
MR. DESOUZA: Sorry. You kind of trailed off
at the end there, Bob. You said with respect to
Gulf Stream or?
BY MR. SWEETAPPLE:
Q. Yeah. Let me -- you had a case in the Town of
Gulf Stream and you had your son appear on your behalf
and file a memo where he indicated he was an attorney at
law, didn't you?
MR.SMITH: Object to the form.
THE WITNESS: No.
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BY MR. SWEETAPPLE:
Q. No?
A. No.
MR. DESOUZA: I'm sorry, Bob, I have to use
the restroom.
MR. SWEETAPPLE: Why don't we take a break.
THE VIDEOGRAPHER: The time is 11:01 a.m.,
we're going off the record.
(At 11:01 a.m. a recess was taken.)
THE VIDEOGRAPHER: The time is approximately
11:20 a.m. We're back on the record.
BY MR. SWEETAPPLE:
Q. I believe we left off, Mr. O'Boyle, where you
were indicating that my assertions that the O'Boyle Law
Firm and your son are engaged in the unlawful practice
of law in the state of Florida was a crime. And I want
to follow up on that -- that statement that you made.
Are you aware -- well, strike that. You were
aware that there was no O'Boyle Law Firm in the state of
Florida in July of 2013, right?
A. No, I wasn't.
Q. Right. There was not one, right?
A. No. I said I was not aware.
Q. Well, was there an O'Boyle Law Firm in
Florida?
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A. I was not aware.
Q. When was the O'Boyle Law Firm formed in
Florida?
A. I'm not aware.
Q. You don't know?
A. No.
Q. Well, are you aware whether or not the O'Boyle
Law Firm occupies any space at 1280 West Newport Center
Drive, the building you described in the beginning of
your deposition?
A. They do not.
Q. Are they -- they don't occupy -- they're not
in that building?
A. No.
Q. Where are they located?
A. 1286 West Newport Center Drive.
Q. Is that the same building that your offices
are in?
A. Depends what's the same building is, but I
would say yes.
Q. Who is the record owner of that building?
A. It's a limited partnership.
Q. What is the name of it?
A. I don't know.
Q. You don't know who the limited partnership
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owner of the building is?
A. I do not.
Q. And how long has that partnership owned the
building?
A. Twenty- something years.
Q. And the O'Boyle Law Firm became a tenant in
that building at some point?
A. Yes.
Q. When did they become a tenant?
A. I don't recall.
Q. Was it, when it was formed in February of
2014?
A. I don't think so.
Q. Does the O'Boyle Law Firm have a lease with
the owner of the premises?
MR.SMITH: Excuse me, Bob. I think this is
totally irrelevant to the merits of the case or
motion for sanctions as it pertains to the O'Boyle
Law Firm and its private matters.
MR. SWEETAPPLE: I don't think so at all. I
think it's clearly going to go to my defense of
whether or not it's a bona fide firm and whether or
not we owe any fees to this alleged firm, which
will be one of the defenses I'm going to be
asserting in all of these cases.
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MR.SMITH: Well, thus far those are unplead
2 1 defenses.
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MR. SWEETAPPLE: Well, I am entitled to take
discovery of anything that's calculated to lead to
the discovery of admissible evidence, and I'm
planning on amending my pleadings, so.
MR. SMITH: Actually, you're incorrect about
that. Discovery has to be relevant.
MR. SWEETAPPLE: I think that's not the
standard for questions in deposition. But let's go
forward.
BY MR. SWEETAPPLE:
Q. Mr. O'Boyle, does the O'Boyle Law Firm --
you're represented by the O'Boyle Law Firm in this case,
right?
A. Yes.
Q. Do you know what this case -- which case we're
here on?
A.
O'Boyle
versus Gulf
Stream.
Q.
And do
you know what
the facts of that case
are?
A. Yes. It's in connection with March 3rd and
4th, or March 3rd, 4th and 5th, I think, 2014, where the
Town of Gulf Stream stole my signs.
Q. So this is a case you believe that has to do
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Now --
Q. Sort of.
A. You're asking me to have it memorized and I
don't. I'm giving you the best answer I can.
Q. What -- it's a public records request case,
right?
A. Yes.
Q. And what records were requested in the case
that you're being deposed on here today?
A. I'd have to see the Complaint.
Q. You didn't look at the Complaint before your
deposition?
A. I didn't memorize it.
Q. Did you look at it at all?
A. Yes.
Q. Do you remember anything that was in your
Complaint that you sued the town over?
A. Yeah. I think March 3rd and March 4th, or
March 4th and March 5th and signs.
Q. All right. And in your Complaint you seek
fees for a law firm by the name of the O'Boyle Law Firm,
correct?
A.
I'm not
sure
if
that's true or not,
but...
Q.
Okay.
Well,
you
are represented by
the
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O'Boyle Law Firm in this case, correct?
A. I am.
Q. And there is a prayer for attorneys' fees; is
there not?
A. I believe there is.
Q. Okay. And do you have any agreement employing
the O'Boyle Law Firm?
A. I believe I do.
Q. Is it a written agreement?
A. I don't know.
Q. You don't know if you have a written
agreement?
What are the terms of your agreement that you
believe you have with the O'Boyle Law Firm?
A. I don't know.
Q. And who was your agreement with at the O'Boyle
Law Firm? Which lawyer?
MR. DESOUZA: I'm sorry, Bob, are you talking
about with respect to this case?
MR. SWEETAPPLE: Yes, with respect to just
this case.
MR. DESOUZA: I couldn't figure that out.
BY MR. SWEETAPPLE:
Q. With regard to this case, who was your
agreement with regarding the O'Boyle Law Firm
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representing you?
MR. DESOUZA: Thank you.
THE WITNESS: I don't know.
BY MR. SWEETAPPLE:
Q. And have you ever seen any written agreement
with the O'Boyle Law Firm regarding you being
represented individually?
A. I don't know.
Q. Is the O'Boyle Law Firm -- does the O'Boyle
Law Firm have any written agreements with you or any of
your entities such as leases or otherwise? Any other
financial transactions between you and the O'Boyle Law
Firm other than them being your lawyer?
MR. DESOUZA: Objection. Form.
THE WITNESS: Are you talking about in this
case, or in every case in the world?
BY MR. SWEETAPPLE:
Q. Not with regard to cases. I want to know what
your financial arrangements and dealings with the
O'Boyle Law Firm are.
MR.SMITH: Excuse me. That's really going --
that's irrelevant. That is going far afield.
BY MR. SWEETAPPLE:
Q. Let me break it down for you. I'll break it
down for you.
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Have you received any bills from the O'Boyle
Law Firm?
MR.SMITH: In this case?
BY MR. SWEETAPPLE:
Q. Regarding this case.
A. I believe we have paid the O'Boyle Law Firm.
Whether we have received bills or credits or debits, I
don't know.
Q. You paid them attorneys' fees to the O'Boyle
Law Firm, or loaned money to the O'Boyle Law Firm?
MR.SMITH: Excuse me. Whether he's loaned
money to the O'Boyle Law Firm is irrelevant to any
of the claims in this case.
MR. SWEETAPPLE: I don't think so. I think tc
the extent there's the unlawful practice of law
going on and Mr. O'Boyle's involved in it, I think
it's going to be part of some of my counterclaims
in this case, and some of the claims we're going to
be bringing.
MR. DESOUZA: Regarding the O'Boyle Law Firm.
MR.SMITH: You're engaging in a fishing
expedition, Bob.
MR. SWEETAPPLE: No, I'm not. I want to know
what his relationship is with his attorneys in this
case. He's filed dozens of cases in his name and
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hundreds in the name of entities that he has formed
and funded that are occupying the same space as the
law firm and run by the same people as the law
firm.
And I'm entitled to find out what his
relationship is with this law firm, which I
maintain is not a licensed law firm.
BY MR. SWEETAPPLE:
Q. Mr. O'Boyle, have you paid -- have you
received any statements? Let's go back to that, because
you didn't answer my question. Have you received any
statement from the O'Boyle Law Firm regarding this case,
services rendered in this case?
A. First, let me correct that I think we've filed
nine or 12, not hundreds and hundreds of lawsuits.
Q. Well, Mr. O'Boyle, I'm going to get into all
of your alter egos like the Citizens Awareness
Foundation and other entities that you are intimately
involved in and funded later on.
So when I say "you," I'm referring to you and
all of your entities that you have formed and are
funding and are running with your personnel, including
your lawyers and employees.
MR. DESOUZA: I'm going to object to these
running statements that go on.
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MR. SWEETAPPLE: I'm just answering your
client's question, Counsel.
MR. DESOUZA: No. You're characterizing alter
egos and making openings and closings on the
record.
BY MR. SWEETAPPLE:
Q. We'll get to that.
Mr. O'Boyle, let's try again. If I can get an
answer I won't have to explain myself to you.
Have you received any billings from the
O'Boyle Law Firm with regard to the services that have
been rendered or are being rendered in this case?
A. I have not received any billings from any law
firm or any vendor. I don't get that information.
Q. Who would -- you personally, if you were
billed for services on this case, who would get those
bills?
A. I can't answer you.
Q. You don't know?
A. No.
Q. What was your agreement with the O'Boyle Law
Firm as to how you would be billed in this case?
A. I don't recall.
Q. Do you agree to have them represent you on an
hourly basis?
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A. I think so. Well, it depends on what the case
was, I think.
Q.
So what were the terms of your employment with
regard to
this case? Was it on an hourly basis?
A.
I don't think so.
Q.
So what were the terms?
A.
I don't know.
Q.
You don't know what the terms of your
employment of the O'Boyle firm are in this case?
A.
You don't have to keep repeating it. Once is
good enough. The answer is no.
Q.
And you don't know if there's a writing that
memorializes that agreement, correct?
A.
I do not know.
Q.
Who did you negotiate the employment
arrangement with, with regard to the O'Boyle Law Firm?
A.
I may not have negotiated it.
Q.
Well, did you?
A.
I don't recall.
Q.
You don't recall ever engaging the firm?
A.
That's not what I said.
Q.
Did you engage the firm?
A.
As far as I'm concerned, yes.
Q.
Who is it you contacted to engage the firm?
A.
I don't recall who was handling it. It may
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have been me. I don't recall.
Q. And did you have discussions with your son,
Jonathan, with regard to engaging the firm?
MR. DESOUZA: With respect to this case?
BY MR. SWEETAPPLE:
Q. With respect to this case.
A. No.
(Defendant's Exhibit No. 3 was marked for
identification.)
BY MR. SWEETAPPLE:
Q. What about with respect to the case of Gulf
Stream versus O'Boyle? Did you ask your son -- because
you've indicated I'm committing a crime by pointing out
what you and your son are doing.
Let me ask you about what I'm marking as
Exhibit 3, which is a petition to Gulf Stream Special
Magistrate Court. And it's called case: Gulf Stream
versus O'Boyle. It is dated July 17, 2013. And it says
prepared by Jonathan R. O'Boyle, Esq., attorney for
Martin E. O'Boyle.
Let me show you Exhibit 3. Have you ever seen
that before, sir?
MR. DESOUZA: Are there copies?
MR. SWEETAPPLE: That's the only copy I have.
THE WITNESS: No.
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MR. SWEETAPPLE: I'll show it to your attorney
first, please.
MR. DESOUZA:
MR. SWEETAPPL E
heading, Counsel.
MR. DESOUZA:
What did you say this was, Bob?
: I just reading from the
Okay.
BY MR. SWEETAPPLE:
Q. Please look at Exhibit 3. And I want to know,
did you retain your son, Jonathan O'Boyle, to represent
you as an attorney in Florida in the year 2013 at any
time?
A. No.
Q. Was he
A. Not that I can recall.
Q. Was he authorized to file a document on your
behalf with the Town of Gulf Stream representing that he
was the attorney for you?
A. I'm sure he was, or else he wouldn't have done
it.
Q. He was your attorney at that time?
A. I didn't say that.
Q. Was he your attorney in this proceeding in
Gulf Stream, Florida in July of 2013?
A. Well, he prepared a document, and as the
attorney for Martin O'Boyle, so from there you can take
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whatever you want.
Q. What should I take from that?
A. Whatever you like.
Q. And didn't -- didn't your son appear pro hac
vice in a case before Judge Middlebrooks during the
summer of 2013?
A. I think, if I'm remembering right, that's the
one where Ms. O'Connor lied to the judge. I think
that's the one, yes.
Q. So when I asked you the question of whether or
not in the summer of 2013 your son appeared pro hac vice
before Judge Middlebrooks your response is, "That's the
one where Ms. O'Connor lied before the judge ?"
A. No. Lied to the judge.
Q. Lied to the judge?
A. Yes.
Q. In other words, you can't tell me yes or no
whether or not your son appeared pro hac vice without
accusing a lawyer in this case of lying?
A. I'm not accusing her. I'm making a statement.
She lied.
Q. Was that related to my question? I'm now
focusing on your son's unauthorized practice of law, and
your relationship with the O'Boyle Law Firm. And why
would you bring up whether or not you believe Ms.
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O'Connor lied to a federal judge?
A. Because I think that she should be dealt with.
I would never even consider lying to a federal judge.
I'm not a lawyer, but I don't think there's a lawyer in
this room besides Ms. O'Connor who would consider lying
to a federal judge.
Q. Are you aware that Judge Young, in a decision
entered against you in Tennessee, stated that you quote,
"Made factually ungrounded contentions." You had "An
improper purpose," and that your goal in the litigation
was to, "punish the defendants."
Do you recall that's what the judge in
Tennessee said about your conduct in that case,
Mr. O'Boyle?
A. No.
Q. Okay. And that he had no difficulty, the
judge had no difficulty finding you in contempt
repeatedly and sanctioning you personally, because you
were involved in the strategy decisions in the case.
Are you aware the judge said that?
A. No.
Q. Okay. And are you aware that the judge did
not sanction your lawyers, he determined to just
sanction you and hold you in contempt repeatedly in that
case over a seven -year period?
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A. Maybe -- I can't answer that. I never was on
the stand. I never testified before him. I never
signed anything in front of him. It is what it is.
Q. And then you sued Shulman Rogers Gandal Pordy,
Ecker, P.A., Ross D. Cooper and Marcus Guberman,
correct? Your attorneys. You, personally, Martin
O'Boyle and others sued your attorneys in federal court
in Tennessee, didn't you?
A. I think New Midland Plaza Associates did.
Q. Let me show you a copy of an opinion from the
United States Court of Appeals for the Sixth Circuit.
The style of the case is Martin E. O'Boyle,
individually, and as general partner in New Midland
Plaza Associates et al versus Shulman, et al. I'm going
to mark this as Exhibit 4 to your deposition, sir.
(Defendant's Exhibit No. 4 was marked for
identification.)
MR. DESOUZA: Is there another one? You only
have one copy?
MR. SWEETAPPLE: I only have one copy. I was
hoping your client would remember some of this
stuff but, apparently, he doesn't remember when
judges hold him in contempt repeatedly.
MR. DESOUZA: Is that a question, Bob?
MR. SWEETAPPLE: It's just a statement. I'm
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answering your question as to why I didn't make
multiple copies of this. I wasn't expecting to
have to use these to refresh your client's
recollection, but I apparently need to.
MR.SMITH: I'm sorry. I didn't hear what
Exhibit 4 is.
MR. SWEETAPPLE: It's a copy of an appellate
decision from the Sixth Circuit Federal Court of
Appeals in a case where Mr. O'Boyle is individually
a plaintiff, where he sued his lawyers for
malpractice, and then took an appeal.
You will see it's a pattern with Mr. O'Boyle.
It's not the only malpractice case you are going to
see that I'll be questioning him about that he's
brought and lost.
MR. SMITH: I appreciate how you feel about
it, but I was just asking what it --
MR. SWEETAPPLE: I'm just giving you a head's
up, Mr. Smith.
MR. DESOUZA: Good opening, by the way, Bob.
MR. SWEETAPPLE: You don't even know what case
I'll be opening yet, Counsel. I think you're
clueless as to what is going on here, or maybe you
wouldn't even be sitting there.
MR. DESOUZA: I think you should continue with
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your opening statement.
MR.SMITH: Bob, that is inappropriate, that
comment, in my opinion for what it's worth, which
may not be much.
MR. SWEETAPPLE: If he's going to continue to
insult me by saying I'm making openings, I'm going
to respond to his criticisms and let him know that
his facetious remarks are, in all likelihood, made
out of ignorance because I have a whole box here of
information that he knows nothing about. And maybe
when he listens in this deposition and other
depositions, he is going to know a lot more than he
knows now.
MR. SMITH: Don't.
MR. SWEETAPPLE: And Mr. O'Boyle finds it all
very boring and putting him to sleep, but maybe he
won't be asleep at some point in this litigation.
MR. DESOUZA: Can we get to a question at some
point today?
MR. SWEETAPPLE: I am, as soon as Mr. Smith is
done reading the document and handing it back to
the witness, Counsel. I'm trying to be courteous
to all three attorneys -- all four attorneys that
have accompanied Mr. O'Boyle to the deposition.
Has everyone had a chance to review?
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BY MR. SWEETAPPLE:
Q. Now, have you had a chance to look at that
Exhibit 4, Mr. O'Boyle?
A. I have.
Q. Okay. Do you recall that you, prior to that
appeal, personally sued that law firm in a federal
district court?
A. I do not.
Q. And you do recall that you lost that case in
the federal district court?
A. I do not.
Q. Do you recall that you then took an appeal to
the federal appellate court and lost in the federal
appellate court?
A. I do not.
Q. Let's get back to your dealings with the
O'Boyle Law Firm. You don't know the terms of your
employment, if any. Do you know if you had any other
financial arrangements with the law firm?
MR. DESOUZA: Objection. Form.
THE WITNESS: I don't know what that means.
BY MR. SWEETAPPLE:
Q. Have you paid the law firm any money? Did you
pay them a retainer related to this case?
A. I wouldn't know.
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Q. Are you giving them free rent?
A. No.
Q. Are they paying you rent?
A. I wouldn't know.
Q. Do they have a lease with the entity that owns
the building that you are in?
A. I would say they do. It may not be
memorialized, but I would say that they do.
Q. You're speculating, or you know?
A. No. No. I would say that they do.
Q. You're saying, yes, there is a written lease
between the O'Boyle Law Firm and the owner of the
building?
MR. DESOUZA: Objection. Misstating his
testimony.
BY MR. SWEETAPPLE:
Q. I don't understand your testimony, sir.
Is there a written lease between an entity
that you have an ownership interest in and the O'Boyle
Law Firm?
A. I don't know.
Q. And who would know that, sir?
A. I don't know.
Q. And you don't know, even know the name of the
owner of the building, correct?
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A. I can't say for sure.
Q. And how much space is the O'Boyle Law Firm
renting in this building?
A. Half.
Q. Half the building? And is it separately
demarked? A marked space where they're separate from
your other uses?
A. There's a door that locks between us.
Q. And all these hundred entities that you
mentioned are in the other half of the building, and the
O'Boyle Law Firm is on the other side of the door?
A. That's correct.
Q. And how much is the rent that the O'Boyle Law
Firm is paying for that space?
A. I can't help you.
Q. And who files the sales tax reports for that
building, sir?
A. I can't help you.
Q. Have you looked to see whether the entity that
owns the real estate is paying sales tax for any rent
from the O'Boyle Law Firm?
A. I have not.
Q. Okay. And have you looked to see if the
building -- the owner of the building has paid sales tax
for any tenants that are occupying that space over the
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last 20 years?
A. I don't understand your question.
Q. Who handles filing sales tax for tenants in
the building that you operate in on 128 West Newport
Center Drive? Is it Ms. De Larmartini? Is she the one
who has the responsibility of making sure the state has
paid all the sales tax on the rent that you receive from
tenants in that building?
A. I don't think so.
Q. Who is -- is Mr. Ring the one who's
responsible for that?
MR. DESOUZA: Object to form.
THE WITNESS: Ask him.
BY MR. SWEETAPPLE:
Q. I'm asking you. Is Mr. Ring --
A. I don't know.
Q. Well, who is responsible for making sure that
the owner of the building pays sales tax on rent that's
received from tenants in that building?
MR. DESOUZA: Objection.
MR. TAYLOR: Objection.
MR. DESOUZA: This is way off. It's been
asked and answered five times.
BY MR. SWEETAPPLE:
Q. So is -- do you know if there's been any rent
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received from the O'Boyle Law Firm by any entity that
you own?
A. I don't know.
Q. Do you owe the O'Boyle Law Firm any moneys
currently for legal services?
A. I don't know.
Q. Do you have copies of any invoices that you
have ever received for any legal work from the O'Boyle
Law Firm?
A. I don't know.
Q. Do you have any written agreements with regard
to any representation by the O'Boyle Law Firm of you?
A. I don't know.
Q. Who would know the answer to those questions?
A. I don't know.
Q. Now, with regard to your defamatory -- or your
statements you made about me on 6/13/14, you had a
meeting with Mr. Ring and with Ms. O'Connor and
Mr. Randall prior to going to city hall, correct?
MR. DESOUZA: Bob, are you asking him to agree
whether the statements were defamatory, or are you
striking that portion of your comment?
BY MR. SWEETAPPLE:
Q. Mr. O'Boyle, do you consider, as you sit here
today, that the statements you made about me were
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defamatory?
A. They were not.
Q. Pardon?
A. They were not.
Q. And so you do believe that it is okay for you
to say that I consistently misrepresented testimony as a
lawyer?
A. If that's what the courts have written, and it
it's filed, all I did was -- and all I did was to read
it, then I think it's appropriate.
Q. Well, the court didn't say that I had
misrepresented testimony. The court quoted a motion
that was filed in an appeal in a case that my name was
one of the lawyers on the opinion, correct? The court
never mentioned my name anywhere.
MR. DESOUZA: Is that a question or a
statement?
BY MR. SWEETAPPLE:
Q. Isn't that a fact? Aren't you aware of that?
A. I don't know whether it is a fact or not. I
can look at the documents again, but I know how testy
you get, so...
Q. Well, did you go -- you say you went to city
hall after 6/13/14 and you retracted these statements
you made about me?
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A. Yes.
Q. What exactly did you say? Did you -- tell me
exactly what you said.
A. I said I made a statement last time I was here
about Mr. Sweetapple. It was in error. And then I went
ahead and corrected it.
Q. What -- did you identify the specific
statement that you said you made that was in error?
A. I think so.
Q. Each statement?
A. I think so.
Q. Did you say on 6/13/2014 that Judge Elizabeth
Maas said that Mr. Sweetapple's filing was a slander?
Did you -- did you say that to the town council?
A. That was on what date?
Q. Right here. If you look at this, it is
exhibit -- right here, sir. Exhibit 2. This is
Exhibit 2.
A. Okay. What were you saying about Judge Maas?
Q. I'm asking you. I'm reading from Exhibit 2.
I want to know did you say that Judge Maas says that
Mr. Sweetapple's filing was a slander? Did you say that
to the town council of Gulf Stream?
A. I don't know. Where are you showing me here?
This is where you're showing me?
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If you don't want to answer me you don't have
to.
Q. I've said it three times now. It is
Exhibit 2, Mr. O'Boyle. Did you hear me say that? I've
said that three times in the last 45 seconds.
A. I haven't heard you say it.
Q. Let me try it again.
It is Exhibit 2, Mr. O'Boyle. I actually
touched it and tried to show it to you. So for the
fourth time it is Exhibit 2, Mr. O'Boyle. It's the same
document that you've looked at with the other statements
you made about me in front of my client.
Do you recall the question, Mr. O'Boyle?
A. Generally, yes.
Q. What is the question I've asked you?
A. If I said that consistently judge -- whatever
her name was, Maas, said that Mr. Sweetapple
consistently misrepresented testimony.
Q. No, I said -- I quoted the transcript which
says, "There's another case in Palm Beach County Circuit
Court that Judge Elizabeth Maas says that
Mr. Sweetapple's filing was a slander."
And I'm asking you, did you say that to the
town council on June 13, 2014?
A. I can't answer you.
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Q. Why?
A. Because I don't know the answer.
Q. So Exhibit 2 doesn't refresh your recollection
that that is what you said?
A. No. Exhibit 2 refreshed my recollection
that's what you said.
Q. So Exhibit 2, which is a transcription of the
meeting that was prepared by the town, doesn't refresh
your recollection?
A. The town's transcriptions are unreliable and
I'm not going to rely on them.
Q. So when you went -- when did you go to the
town to -- did you go to the town to retract statements
you'd made about me?
A. Yes.
Q. When did you go to do that?
A. I think it was July il.
Q. And do you recall specifically what you said?
A. No.
Q. Do you recall what statements you retracted?
A. I don't.
Q. Do you recall how you retracted them?
A. I stood up at the podium and I said there,
"The last time I was here I made a statement, or some
statements about Mr. Sweetapple. They were in error and
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I want to correct them." And I corrected them.
Q. Did you specifically mention the statement
that you were retracting or corrected?
A. I told you what I remember.
Q. Have you ever looked at a transcript or a tape
of that appearance that you made?
A. Maybe.
Q. Did you ever write to me and apologize for
making those statements?
A. If I made them erroneously, I apologize right
ORTGOW
Q. What do you mean if you made them erroneously?
Did you make them erroneously?
A. You're telling me I did. I have no knowledge
that I did.
Q. So your retraction is not based on your belief
that they were in error.
A. No. You're putting words in my mouth.
Q. Are you retracting your statement?
MR. DESOUZA: Hold on. Hold on.
MR. SWEETAPPLE: I'm going to retract --
MR. DESOUZA: Let him finish.
MR. SWEETAPPLE: I'm going to withdraw my
question.
MR. DESOUZA: You can withdraw the question.
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Hold on a second.
Marty, were you in the middle of an answer?
THE WITNESS: Yes.
MR. SWEETAPPLE: I'm withdrawing the question.
MR. DESOUZA: He can finish making the
statement.
MR. SWEETAPPLE: No, he can't. I'm
withdrawing the question, and I'm going to phrase
another question.
MR. DESOUZA: I don't care if you want to say
you withdraw. You can go ahead and finish the
statement you were making. Go ahead.
MR. SWEETAPPLE: No, he can't. But go ahead
and we'll take that up with the judge. You're
giving improper instructions to the witness. I'm
trying to take a deposition. Go ahead.
THE WITNESS: Okay. I made an error the first
time I said it. I didn't make an error in the
facts. I made an error in the sources.
And once I realized that, I went back either
the next month or the next meeting after that, I
don't recall. And to the best of my knowledge, I
corrected it. If I did not fully correct it, then
I want to say to Mr. Sweetapple, anything that I
said about you that was incorrect, I apologize, and
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BY MR. SWEETAPPLE:
Q. What did you say about me that was incorrect?
A. Anything that I said about you that was
incorrect, I apologize, and I take it back.
Q. You call that a retraction? What is it you
said about me that is incorrect that you're taking back,
Mr. O'Boyle?
A. I've answered your question.
Q. So you're not going to tell me what your
retraction encompasses?
A. Only because I don't know that I said anything
at all.
Q. So you're really not retracting, you're just
equivocating.
A. Well, you can -- if you want to sit here you
can walk back and forth and ask your questions and
answer them yourself.
Q. Well, you've sued people for defamation
before.
A. I have.
Q. You're familiar with defamation law?
A. I am.
Q. You sued Mr. Isen for defamation.
A. I did.
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Q. Why did you sue him for defamation?
A. I think he deserved it.
Q. What did he call you that you thought deserved
it?
A. The enemy of the people.
Q. And that case was dismissed, right?
A. That case, yes. New Jersey is a very
difficult case to win a slander suit; very, very
difficult.
Q. And have you sued anybody else for defamation?
A. You.
Q. And anyone else?
A. Mr. Morgan.
Q. Anyone else?
A. Not yet.
Q. So that is a case that I was just served with
this morning?
A. I have no idea.
Q. Your process server came by this morning and
gave me a lawsuit. So you've sued me for defamation.
A. Yes.
Q. And yet you're here purporting to retract the
defamatory statements you made about me.
A. I'm not going to answer that anymore.
Q. When you went to the meeting that July, you
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told the council that you were going to come back with
other information about me, right?
A. I don't recall.
Q. Now, on June 4th you met with Mr. Ring,
Mr. Randolph and Ms. O'Conner with regard to the motion
that I had filed to disqualify the O'Boyle Law Firm,
right?
A. Yes. By the way, it was very disgraceful.
Q. The meeting?
A. No, the motion he filed. That was absolutely
an embarrassment to the legal profession.
Q. Well, we're going to go into the facts that
are set forth in that motion and that resolve -- revolve
around the issue of whether or not your son's firm is a
lawful Florida law firm.
But we'll do that sequentially so you can show
me what you think is a disgrace, and then I'll show you
some other evidence and we'll decide whether or not
there is any basis for my statements or not.
We'll certainly -- I think there will be
entities and courts that will be making those
determinations, Mr. O'Boyle. We'll certainly start
fleshing out some of those facts here, don't worry.
At this meeting on June 4th that you and
Mr. Ring called, did you indicate that you wanted to
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meet with Mr. Randolph and Ms. O'Connor with regard to
the motion I had filed?
A. No.
MR. DESOUZA: Hold on.
BY MR. SWEETAPPLE:
Q. Did Mr. Ring --
MR. DESOUZA: Hold on a second. I don't know
if you want to go off the record and excuse the
witness if we're going to talk about the substance
of this meeting, which I believe there was some
agreement to treat it as confidential.
And I know there's a follow -up letter that
says we don't consider this to be settlement or
confidential, but as far as I know right now,
there's an agreement in place that says this is a
confidential settlement agreement. So if you want
to start discussing --
MR. SWEETAPPLE: There's no agreement that
it's a confidential settlement agreement. There
was a meeting -- there was an agreement that if
settlement was discussed, it would be treated as
confidential. We have memoranda quickly prepared
after the meeting that will demonstrate there was
no settlement of any matter discussed. And I'm
going to go through that. I appreciate your
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caution.
MR. DESOUZA: I understand that's your
position, but if my client feels otherwise, and if
Skip's clients feel otherwise as to what was
discussed and whether it was settlement discussion
or not, I would rather flush that out before we
waive any sort of objection. This is a
confidential settlement agreement.
MR. SWEETAPPLE: First of all, I think when
you research the law you'll find that that deals
with whether or not it's admissible in trial. It
has nothing to do with this deposition. So let me
go forward, please.
MR. DESOUZA: Hold on. So what you are
saying, so I'm clear on the record, is that if a
confidential settlement meeting happens you're
entitled to inquire into what was discussed during
discovery?
MR. SWEETAPPLE: If it's not a mediation the
court can hear what was said and determine whether
or not it is settlement discussions or not, and
then opine and rule whether or not it gets admitted
into evidence. It happens all the time.
MR. DESOUZA: Bob, I understand what you're
saying. I'm only asking you whether you feel
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you're entitled to inquire into it in a deposition
of someone where there's a position that it's a
confidential settlement meeting.
Mr. O'Boyle says it's a confidential
settlement meeting. Is it your position that you
are inquire -- you are entitled to inquire into
what was said during that meeting?
MR. SWEETAPPLE: I've said --
MR. DESOUZA: Yes or no.
MR. SWEETAPPLE: I said this to you in two
different ways. I'll say it another way.
MR. DESOUZA: All I want is a yes or no.
MR. SWEETAPPLE: I will not inquire into
something that I don't think is appropriate or
calculated to lead to the discovery of admissible
evidence or, in this case, going to be admitted.
(a) I don't think there was any settlement
discussion that went on; (b) I do not believe my
client agreed that the communications would be
treated as settlement unless there was settlement
discussions; (c) to the extent you believe they're
settlement discussions and I don't, the court is
going to have to hear the discussions and the
testimony in order to make that decision. Okay.
MR. DESOUZA: Fair enough.
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MR. SWEETAPPLE: So I'm going to proceed, if I
can.
MR. DESOUZA: Fair enough. Just do me one
favor -- do me one favor and ask him whether he
believes this was a confidential settlement
negotiation or not, then I'll let you proceed. I
don't care how he answers, I will let you proceed.
MR. SWEETAPPLE: You can ask whatever
questions you want on cross - examination. I'm going
to wait until -- Joanne has to go take a phone
call, so I'm going to wait until she is back for
this area of inquiry because she was involved in it
and I want her to be able to give me her insights.
MR. DESOUZA: Okay. Then we're taking a break
off the record?
MR. SWEETAPPLE: No. No. I'm going to go on
to the next matter.
MR. DESOUZA: I'm sorry, I thought you were.
MR. SWEETAPPLE: No. I'm going to hold off on
this exhibit until she comes back and I'll go into
that then.
MR. DESOUZA: My apologies.
THE WITNESS: (Conferring with counsel.)
MR. DESOUZA: And Bob, Mr. O'Boyle has just
indicated that he needs to get lunch in the next
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few minutes, so I don't know if there is a
logical --
MR. SWEETAPPLE: I'll be happy to break right
now and let him get lunch.
MR. DESOUZA: -- break while she is on her
phone call.
MR. SWEETAPPLE: And 1:00 o'clock, 1:30? You
tell me.
MR. DESOUZA: Let's try for 1:00. We'll see
if we can get back by then, if not, 1:30.
MR. SWEETAPPLE: Perfect.
THE VIDEOGRAPHER: The time is 12:00 p.m. and
we're going off the record.
(At 12:00 p.m. a luncheon recess was taken.)
THE VIDEOGRAPHER: Time is 1:17 p.m. We're
back on record.
BY MR. SWEETAPPLE:
Q. Mr. O'Boyle, I would like to go back and
follow up on some background I was getting into with
you.
You mentioned earlier in your deposition that
there were -- there was litigation in Longport, New
Jersey. You described O'Boyle versus Longport, New
Jersey, two OPRA cases, and a case involving Mr. Isen.
Is there any other litigation in Longport that
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you were involved in?
A. Did you say was or is?
Q. Was and /or is.
A. Okay. Is, no. Was, there were some
additional public records lawsuits.
Q. And you didn't bring any other -- did you
bring any another claims against any individuals, any
ethics claims or criminal claims or other lawsuits?
MR. DESOUZA: Objection. Form.
BY MR. SWEETAPPLE:
Q. In New Jersey? In Longport?
A. No. No, I didn't.
Q. In Longport, as I understand it, your
litigation with that town commenced with two notices of
violation you got for allegedly making modifications to
the ground floor of your home there; is that correct?
A. I don't know.
Q. Okay. Can you tell me how long you were
involved in litigation with the city of Longport, or the
Town of Longport? Is it town or city?
A. It's a borough.
Q. How long were you involved in litigation with
the borough of Longport?
A. I don't know.
Q. Were you ever a resident of Longport, New
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Page 95
Jersey?
A. Was a resident.
Q. Did you ever make that your lawful residency?
Did you ever have your driver's license registered there
or vote there?
A. Yes.
Q. When were you a resident of Longport?
A. In the 170s.
Q. In the 170s. Okay. And so have you owned the
same property there since the 170s?
A. I don't own any property there.
Q. Is there a home there that you used in
Longport that received violations from the borough?
A. There is a home there that I did use, yes.
Q. Who was it owned by?
A. It was owned by my wife.
Q. And you've used that as a primary residence
and then a vacation home over the last 40 years?
A. I have no idea what you said.
Q. Have you used that as a primary residence and
then a vacation home on and off during the past 40
years?
A. What is a primary residence?
Q. The time period you described where you had
your voter's registration there.
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Page 96
A. That was in the 170s. We didn't own the home
at that point.
Q. When did your wife obtain title to this home?
A. I'm going to guess mid 180s.
Q. Okay. And how did your dispute with -- you
did get into a legal battle with the Town of Longport,
didn't you? The borough of Longport.
A. I don't know if I would call it that, but...
Q. Well, did you sue them?
A. Yes, I did sue them.
Q. And what was -- and you personally were a
plaintiff in the case?
A. Yes, I was personally.
Q. And your wife was a plaintiff?
A. Not at all.
Q. Just you?
A. Yes.
Q. So at that point you owned the home, correct?
A. No.
Q. What were the grounds for your suit?
A. I can't explain it to you.
Q. You don't remember?
A. I said I can't explain it to you.
Q. Why can't you explain it to me?
A. Because I cannot articulate it.
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Page 97
Q. You don't know that the town issued two zoning
violations to you that prompted you to file suit?
A. That's right.
Q. And you also, when you got into this fight
with the town, propounded a public records request to
them, didn't you?
A. I think I propounded public records to them
long before we got into a suit.
Q. When did you start propounding public records
requests to the town of -- the borough of Longport?
A. If I had to guess -- and I shouldn't be
guessing. I don't know.
Q. Do you know how many total public records
requests you propounded to the borough of Longport?
A. I do not.
Q. Do you know if it was more than a thousand?
A. I don't think so.
Q. And do you know, have you seen any reference
to your actions in any court opinions regarding the
effect that your conduct had on the clerk of the town or
the borough?
A. No.
Q. And do you recall what any of the documents
you were seeking from the borough of Longport were?
A. Initially, it was in connection with the plans
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Page 98
or the construction of other homes. And then it sort of
grew from there.
Q. And how did it grow? Describe for me what
happened.
A. Well, you might ask if Susie wears dresses,
and the answer is yes. And then you might ask, what
color dresses does she have? And then she would answer.
And then it's what type of dresses are they? So sort
of -- they sort of one -- one gives you an answer but
also gives you a question.
Q. Do you remember my question, Mr. O'Boyle?
A. Umm, I thought I answered it.
Q. What was my question that you thought you
answered?
A. I didn't memorize it.
Q. Do you have any idea what it was?
A. Why don't you tell me and save us some time
Q. It wasn't about any dresses.
Would you please read the question back to
Mr. O'Boyle.
(A portion of the record was read by the
reporter.)
THE WITNESS: It grew by needing additional
related information.
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BY MR. SWEETAPPLE:
Q. Okay. And the litigation went for over two
years, correct?
A. No.
Q. How long did the litigation with the town go
A. I don't know.
Q. And in the -- in the litigation -- during the
litigation you allege that the town had moved some
signs of yours, right?
A. No.
Q. So you never alleged that this town had been
involved in -- that employees of the borough had been
involved in removing signs?
A. You asked me about -- can we read
Mr. Sweetapple's question back, please?
Q. Let me rephrase it for you.
A. Sure.
Q. Did you allege during the incident with the
town or borough of Longport that the town had removed
signs of yours?
A. No.
Q. And was that ever a subject of your -- did you
ever say the borough workers moved the signs to spite
you?
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Page 100
A. I don't think so.
(Defendant's Exhibit No. 5 was marked for
identification.)
BY MR. SWEETAPPLE:
Q. Okay. And so in this article that I'm going
to mark as Exhibit 5 -- I'm going to show you an article
that was "Public signs show O'Boyle V Longport not over.
Marty O'Boyle picked up signs posted on his beachfront
from Longport's public works yard on Friday. Borough
officials say a recent storm carried the signs from 28th
Avenue to 25th Avenue, but O'Boyle says borough workers
moved it to spite him."
Did you ever escalate the litigation over your
alleged zoning violations with allegations that the city
or employees of the borough had moved your signs from
your property?
A. No.
MR. DESOUZA: Objection to form.
BY MR. SWEETAPPLE:
Q. And did you ever hire a private detective and
a physicist to attempt to prove that signs had been
moved from your property?
A. No.
Q. And in this case you're alleging that signs
had been removed; are you not?
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A. I don't know
Q. Well --
MR. DESOUZA:
4 I here?
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I can't see.
You're talking about this case
BY MR. SWEETAPPLE:
Q. The case you're here on that you're being
deposed in concerns your allegation that campaign signs
had been removed.
A. Yes. Uh -huh.
Q. Okay. So it's a similar allegation as you
made in New Jersey, correct?
A. No.
MR. DESOUZA: Objection.
BY MR. SWEETAPPLE:
Q. And let me mark this as Exhibit 5.
And this is -- Mr. Isen worked for the
planning board of the borough, correct?
A. He was a member of the planning and zoning
board, which is a voluntary spot. But I don't -- I
think he ended in 2009, but I'm not sure.
Q. And as part of this litigation in Longport, do
you know how many public record -type lawsuits you filed?
A. No.
Q. And you don't know how many public records
requests you made?
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Page 102
A. No.
Q. And are you aware that you flew banners
maligning town employees and others?
Did you cause banners to be flown in Longport,
New Jersey maligning any individuals?
MR. DESOUZA: Objection. Form.
THE WITNESS: I don't know what you mean by
"maligning."
BY MR. SWEETAPPLE:
Q. Making derogatory statements about anyone.
MR. DESOUZA: Can I see the exhibit, Bob?
THE WITNESS: What is a derogatory statement?
Is that something that's not allowed by the First
Amendment?
BY MR. SWEETAPPLE:
Q. Not necessarily.
A. Okay. I don't know what it is.
Q. Critical statement. Insulting statement.
Childish statement. Scatological statement, where you
talk about body functions, farting, or somebody is a
putz or a douche bag, or things like that that we
stopped doing in third grade usually.
MR. TAYLOR: Objection.
MR. DESOUZA: Object to form.
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Page 103
BY MR. SWEETAPPLE:
Q. Are there any such comments like that that you
caused to be flown on any planes or blimps in Longport,
New Jersey in the course of your dispute with that
borough?
MR. DESOUZA: Objection to form. Hold on.
Let me make my objection. Objection and form.
BY MR. SWEETAPPLE:
Q. You can answer the question, Mr. O'Boyle.
A. You're asking if I flew any banners where I
called someone a douche bag?
Q. Or any derogatory or insulting term.
A. I want to make sure I understand.
Q. Let me rephrase it. Did you fly any
banners -- did you cause any banners to be flown in
Longport in conjunction with your litigation in that
town?
A. No.
Q. Did you cause any blimps to be flown?
A. (Conferring with counsel.)
Q. You really can't ask your attorney for advice
during this deposition, Mr. O'Boyle. You're going to
have to -- you're on the stand.
MR. DESOUZA: Is there a privilege issue you
need to discuss with me?
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THE WITNESS: No. What is your question?
BY MR. SWEETAPPLE:
Q. Did you cause any blimps to be flown?
A. No.
Q. Were any banners flown in New Jersey that
referenced any employees or residents of the town, the
borough of Longport that you're aware of?
A. Can you say that again?
Q. Were any banners flown by any planes or any
blimps flown that contain messages regarding any
residents of Longport that you're aware of?
MR. DESOUZA: Objection. Form. Are you
asking --
BY MR. SWEETAPPLE:
Q. During the time this dispute with the town --
the borough was ongoing.
A. Can you say it again?
Q. Sure. Are you aware whether or not any
banners were flown in Longport at any time while your
dispute with them was ongoing?
A. I don't know.
Q. Were you ever asked about any banners by
media?
A. I think so.
Q. And did you ever deny that you were involved
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in the flying of banners while you were questioned by
the media in Longport, New Jersey?
A. I don't know that I was asked, so I can't
answer that question.
Q. Okay. And do you have any knowledge as to who
was flying banners in Longport, New Jersey?
A. Several people.
Q. Who -- anyone that is in your employ?
A. No.
Q. Any entities that you had any control over?
A. No.
Q. Did you have any discussions with anyone about
flying banners?
MR. DESOUZA: In Longport during the time of
this litigation?
BY MR. SWEETAPPLE:
Q. In Longport during litigation.
A. I don't know.
Q. You don't know if you had any conversations?
A. No.
Q. Why not? You can't remember?
A. I don't recall having any conversations.
Q. Did you pay anyone to fly banners?
A. No.
Q. Do you have any idea who was involved in the
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flying of any banners in Longport during the time of
this litigation?
A. There were several people, one of which was
Peter Isen; one of which was Frank Alfano. And that's
all I can remember.
Q. What did those banners say?
A. I don't remember.
Q. And so no one -- anybody that you knew
personally flying banners?
A. Peter Isen and Frank Alfano.
Q. But they did not fly banners at your request?
A. They did not fly banners at my request.
Q. Were those banners critical of you?
A. I think -- I think yes. I think some of them
were.
Q. Do you recall what they said?
A. No.
Q. And are you aware of any banners that were
flown that were critical of either of these gentlemen?
A. I'm sorry. I didn't catch that.
Q. Do you recall any banners that were flown that
with critical of either of those two gentlemen, Alfano
or Isen?
A. Isen. I don't remember Alfano, so I can't
answer you there. But Isen. And I guess it would
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depend on what you would call "critical" versus
humorous.
Q. And did other family members and neighbors and
allies of yours file lawsuits in Longport, over the
Longport issue?
MR. DESOUZA: Objection. Form.
THE WITNESS: Not that I know of.
BY MR. SWEETAPPLE:
Q. And that is reported in the media in various
articles regarding your dispute; are you aware of that?
A. No, I'm not.
Q. Okay. Did you file a grievance against anyone
on an ethics charge in Longport as it related to this
dispute?
A. Yes.
Q. Okay. That was dismissed; was it not?
A. Yes. When you say "me ", I don't know that it
was me who filed the ethics.
Q. Wasn't it Martin O'Boyle versus the borough of
Longport?
A. If that's what it was, then it was me.
Q. And you lost at the ethics committee level and
at the appellate level, correct?
A. Correct.
Q. And you said to one journalist, "The Irish
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guys, they don't give up too easy. A friend of mine
said Irish Alzheimer's is when you forget everything
except the grudges." Do you recall saying that?
A. I do.
Q. So you carry grudges?
A. No. That's what my friend said.
Q. So you were quoting him?
A. Yeah.
Q. With approval or without approval?
A. It was an Irish writer, reporter. And we were
having some fun. And at the end I said, before we
leave, let me tell you something, and that's what
happened.
Q. Well, the article -- the writer says, "But few
could understand just how personal this battle got with
lawsuits flying back and forth, criminal complaints
being filed, and accusations of harassment, vandalism,
slander -- are fodder for a good beach novel. Nor could
they realize how embroiled O'Boyle became in the fight.
"By his own admission, it hurt his business
and personal his life, but he is hardly one to quit.
"While the borough's stake isn't small change,
O'Boyle anted up at least $300,000." Quote -- this is
your quote: "The Irish guys, they don't give up too
easy, O'Boyle said. A friend of mine said, Irish
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Alzheimer's is when you forget everything except the
grudges."
Did you, in fact, spend $300,000 in the
litigation with Longport?
A. I don't know.
Q. This was only early on in the litigation,
right? This was September 3 of 2008. The litigation
went on well after that, didn't it?
A. I don't know.
Q. And were there criminal complaints filed in
the litigation with Longport?
A. Longport filed a quasi criminal complaint,
against me.
Q. Well, did you file any criminal complaints?
A. Pardon?
Q. Did you file any criminal complaints against
anyone?
A. Boy, I don't think so.
Q. Didn't you file criminal complaints against
the DiLorenzo family, two of them?
A. No.
Q. You're sure of that?
A. Yes, I am.
Q. And one of your public records requests cases
went to the appellate division, correct, where you
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sought letters and a compact disc.
A. I don't remember.
Q. And the appellate court ruled in favor of the
borough, correct?
A. I don't think so, but -- oh, yes. There was
one case that we lost. It went to the Supreme Court.
Q. Did you have any planes in -- that you owned
or any companies that owned any planes or blimps in New
Jersey during the time of this litigation?
A. Say that again.
Q. Did you personally or through any entities
have any interest in any planes or blimps in New Jersey
during the last ten years?
A. Can I ask you a question about the privilege?
MR. DESOUZA: If you have to ask me a
privilege question, you can ask me.
THE WITNESS: (Conferring with counsel.)
I'm sorry. What was your question again?
MR. SWEETAPPLE: Could you read it back,
please.
(A portion of the record was read by the
reporter.)
THE WITNESS: I apologize. Can you do it
again, please?
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(A portion of the record was read by the
reporter.)
THE WITNESS: Yes.
BY MR. SWEETAPPLE:
Q. And can you tell me what those interests were?
A. No.
Q. Why not?
A. Because I don't know.
Q. What type of plane -- what entity had an
interest in a plane?
A. Don't know.
Q. And was the interest in the plane, the blimp,
or both?
A. Plane.
Q. Do you know what kind of plane it was?
A. At what point in time?
Q. Any time during the last ten years. What
planes did you have an ownership interest in directly or
indirectly in New Jersey?
A. I had a Cesna T206. I had a BE300. And I had
a Cesna Caravan, and I had an Extra 400.
Q. And who flew those planes?
A. Pilots.
Q. What were the pilots' names?
A. Eduardo Batica.
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Page 112
Q. How do you spell the last name?
A. B- a- t- i -c -a. The Extra, I don't remember.
Tim somebody. And then the Caravan, Kevin somebody.
Q. Were these planes ever used to pull banners,
to your knowledge?
A. Not to my knowledge.
Q. Is your son, Jonathan, a pilot?
A. He is.
Q. Did he ever fly these planes?
A. The 206.
Q. Do you know if he ever pulled any banners?
A. Never.
Q. Do you know if in Florida he has -- do you
have any planes in Florida or blimps in Florida?
A. Doing what?
Q. Do you have access indirectly or directly to
any planes in Florida during the last three years?
MR. DESOUZA: Object to form.
THE WITNESS: I don't know how to answer the
question.
BY MR. SWEETAPPLE:
Q. Do you individually or through entities own
any interests in any planes that have flown in Florida
during the last two years?
A. No.
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Q. And what about blimps?
A. What is your question?
Q. Do you have any ownership directly or
indirectly in any blimp?
A. No.
Q. And have you caused any banners to be flown in
Dade, Broward or Palm Beach County during the past five
years?
A.
Yes.
Q.
When is
the
first
time that you have caused
banners
to be flown in South Florida?
A.
Beyond
five
years
ago.
Q.
Beyond
five
years
ago?
A.
Uh -huh.
Q.
When is
the
first
time you've caused a banner
to be flown?
A. Beyond five years ago.
Q. Tell me when.
A. I can't tell you. Beyond five years ago.
Q. More than ten years ago?
A. No.
Q. What was the first occasion you caused banners
to be flown?
A. I don't recall.
Q. Where was it?
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A. I think it was at Palm Beach County
Courthouse, I think.
Q. And what did it involve?
A. Banners.
Q. I mean, what did the banners involve? What
did they pertain to?
A. I'm not sure I understand your question.
Q. Do you remember what the banners said?
A. No.
Q. Do you remember if it involved Mr. Aronberg?
A. No.
Q. Is it Mr. McCulky?
MS. O'CONNOR: McAuliffe.
BY MR. SWEETAPPLE:
Q. McAuliffe.
A. I think a better way of saying it, it involved
his office.
Q. Okay. Did it involve a prosecution of your
daughter, Sara, for DUI?
A. No.
Q. Was your daughter prosecuted for DUI at the
time you flew these banners?
A. No.
Q. Had she been arrested?
A. Probably four years earlier maybe.
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Q. Okay. And had she been convicted?
A. She had been convicted, yes.
Q. How soon before you flew the banners?
A. About four years maybe.
Q. So why did you fly these banners at the Palm
Beach County Courthouse?
A. Because I thought the prosecutor's office
needed to be brought down a notch or two, and I ran some
banners.
Q. I'm sorry, you rented?
A. "Ran" banners.
Q. How many times did you fly banners?
A. Can't answer you.
Q. And who did you have fly these banners?
A. I can't answer you.
Q. Why not?
A. Because I don't know.
Q. Where did you go? Which airport?
A. I didn't go to any airport.
Q. Who did you call to do this?
A. My -- somebody from my office made the call.
Q. And who was called; do you know?
A. No.
Q. Who from your office called?
A. Well, likely Michelle, but I can't think of
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her last name.
Q. And who decided what to put on these banners?
Was that your decision?
A. I would say for the most part it would be my
decision, yes.
Q. And did your flying these banners have to do
with Mr. McAuliffe refusing to meet with you after your
daughter was convicted of DUI?
A. No.
Q. Now, how many times did you fly banners
directed to Mr. McAuliffe?
A. I don't know.
Q. And you also had Ms. De Larmartini hire actors
to stage a protest, didn't you, concerning
Mr. McAuliffe?
A. No.
Q. Did Ms. De Larmartini hire people to stage a
protest of Mr. McAuliffe's office, to your knowledge?
A. I don't know for sure.
Q. What do you know about that subject?
A. I knew that there was a protest.
Q. Are you aware it has been widely reported that
Denise De Larmartini hired the individuals who were
professional actors to stage that protest?
MR. DESOUZA: Objection. Form.
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BY MR. SWEETAPPLE:
Q. And that was done at Mr. Aronberg's request,
right?
MR. DESOUZA: Objection. Form.
THE WITNESS: You'd have to ask Mr. Aronberg.
BY MR. SWEETAPPLE:
Q. Mr. Aronberg was involved in organizing those
protests with you, wasn't he?
A. No.
Q. Did you file an ethics complaint against
Mr. Aronberg?
A. No.
Q. Did you ever have a falling out with
Mr. Aronberg?
MR. DESOUZA: Objection. Form.
THE WITNESS: I would say a misunderstanding
with Mr. Aronberg is better stated.
BY MR. SWEETAPPLE:
Q. And you never filed any ethics complaint with
him?
A. He did nothing unethical.
Q. And your daughter was convicted of DUI in
2011, right?
A. I don't know.
Q. And in conjunction with that prosecution, you
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submitted in one month 1,300 -- more than 1,300 public
records requests to State Attorney Aronberg and State
Attorney Bruce Colton, correct? While the case was
pending?
A. No.
Q. Did any of -- not you personally, but you or a
company that you're affiliated with, submit more than
1,300 public records requests to Aronberg and Colton's
office during your daughter's prosecution?
A. No.
Q. How many public records do you believe that
you -- strike that. Did you or any company that you're
involved in submit any public records requests to either
State Attorney Aronberg or Colton's office?
A. Yes.
Q. And what about to State Attorney McAuliffe?
Did you submit any public records request to State
Attorney McAuliffe?
A. I don't think so.
Q. And the public records requests that you
submitted to Mr. Aronberg and Mr. Colton's offices, was
that while a prosecution of your daughter was pending?
A. No.
Q. It was after the prosecution was over?
A. Yes.
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Q. You're certain of that?
A. I think so.
Q. Okay. And what about while the appeal was
pending. Did you do it while an appeal was pending?
A. I don't know.
Q. And what documents were you seeking from
Mr. Aronberg's office with all these requests you filed?
A. Well, I don't know how many requests I filed,
and I don't know which documents I was seeking as I sit
here. Nor do I know how many I was seeking as I sit
here.
Q. You don't know how many public records
requests were served by you personally to Mr. Aronberg,
while your daughter was either under prosecution or in
the appellate process?
MR. DESOUZA: Objection. Asked and answered.
BY MR. SWEETAPPLE:
Q. I'm asking about him personally. Do you know
how many personally you submitted?
A. You keep asking me this.
Q. Just you personally. I don't want to know the
whole global amount, I have the reports and the totals
on the global amount. I want to know if you know how
much you personally remember.
A. Why don't we have the court reporter read it
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back and that way we'll know.
Q. Do you have an answer?
A. Pardon?
Q. Do you have an answer? Do you know?
A. I don't know. If I've answered the question,
I would like to just read back the answer.
Q. I'm not reading your answers back. I can read
questions back, and I'll rephrase the question for you.
Do you know -- let me do it this way. Do you
know what companies that you're involved in made public
records requests while your daughter was being either
prosecuted for DUI or was under appeal for her DUI
conviction?
A. No.
Q. Do you recall even one topic of -- one
document that you were seeking when you filed this
17 1 request?
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A. No.
Q. And did you file those requests to bring the
prosecutor down a notch?
A. You're asking me to go back a few years and
I'm not sure that I can do that. I filed a request to
gain information that I thought would be helpful to my
daughter. Whether I expanded that to bring the
prosecutor down a notch, as you say, I don't know. But
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unfortunately, as you know, politicos get out of control
from time to time and they have to be brought down a
notch.
Q. In fact, when you were asked while you were
making the public records requests, you replied to the
writer quote, "you liked to know about your enemy."
Isn't that what you said?
MR. DESOUZA: Replied to which writer?
MR. SWEETAPPLE: The writer of the article
concerning your Blimp Co., Sweet Aron Boy Blimp
Co., LLC, which made more than 1,300 public records
requests between February 12th and March 13, 2012.
MR. DESOUZA: Bob, it's your deposition. I
don't know what you're trying to accomplish here
but if we're going to spend eight hours just
reading from newspaper articles and asking him if
the newspaper article is true or not -- I don't
know what exactly you're trying to accomplish here.
BY MR. SWEETAPPLE:
Q. Mr. O'Boyle, did you tell a reporter in 2012,
when asked why you filed over 1,000 public records
requests in one month, that quote, "You liked to know
about your enemy" referring to the state attorneys of
Palm Beach and Treasure Coast?
A. I don't remember.
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Q. Did you consider the state attorneys your
enemies.
A. I would say generally stated, no.
Q. And are you familiar with an entity by the
name of Sweet Aron Boy Blimp Co., LLC?
A. May I see what you're looking at?
Q. (Handing document.)
A. Yes, I am.
Q. And is that a company that you caused to be
formed?
A. Yes.
Q.
And
does
it
own a blimp?
A.
Does
it
own
a blimp. No, it does not own a
blimp.
Q.
Does
it have any interest in a blimp?
A.
No,
it does not have any interest in a blimp.
Q.
Why
did you name an LLC Sweet Aron Boy Blimp
Co.? Is
there
any relationship with Blimp Cc?
A.
There
could have been. And that was the name
that I picked
and we formed it, and there it is.
Q.
Did
you have any interest, ownership interest
in a blimp at
the time you formed the LLC?
A.
No.
Q.
And
did you also tell the reporter that quote,
"I'll hit
them
with more lawsuits than they can possibly
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handle ?"
A. Not that I recall.
Q. And did you tell the reporter that you hired
two attorneys just to make public records requests?
A. No.
Q. And did you file any public records lawsuits
with regard to the requests that you inundated the state
attorneys' offices with?
MR. DESOUZA: Objection. Form.
THE WITNESS: Yeah, I don't -- I don't accept
"inundated." If you would like to ask me a
different question, I'll answer it.
BY MR. SWEETAPPLE:
Q. You don't think filing 874 public records
requests on Bruce Colton and 454 requests on Dave
Aronberg in a 30 -day period is inundating their offices
with public records requests?
MR. DESOUZA: I don't particularly agree with
your number, Bob. You're reading off a newspaper
article. You're not asking him -- you asked him
how many he filed and he said I don't know.
BY MR. SWEETAPPLE:
Q. Are you aware you filed 874 public records
requests with Bruce Colton in 19 -- in one month in
2012?
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A. No.
Q. Are you aware that you filed 454 with Dave
Aronberg's office?
A. No.
Q. What do you consider inundating a public
official or a municipality with public records requests;
how many do you think is reasonable?
A. I don't know. I don't know.
Q. Can you tell me one document you obtained
through these public records requests from the state
attorneys that you remember at all?
A. No.
Q. And some of the signs behind the plane said
"Beware of thug prosecutors." Do you recall that?
A. I'm sorry?
Q. "Beware thug prosecutors." Do you recall that
sign? That banner?
A. I'm still not understanding.
Q. There was one banner that read, "Beware thug
prosecutors." Do you recall that banner?
A. Beware of thug prosecutors? I do not.
Q. Do you recall having anything to do with that
banner?
A.
If I
don't recall it, I don't recall
it.
Q.
"Dump
McAuliffe for prosecutor. Vote
for
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Was that a banner that you had anything to do
with?
A. Probably.
Q. I thought you said you didn't fly any banners
attacking Mr. McAuliffe.
A. Then I erred if that's what I said.
Q. "Smile if you think Mikey McAuliffe is a
putz." That's you, right?
A. Yes.
Q. Because putz is one of your favorite words you
like to use in describing people, right?
A. Well, such as yourself.
MR. TAYLOR: Object to form.
MR. DESOUZA: Objection.
BY MR. SWEETAPPLE:
Q. You like to use that for me, for Mr. Morgan.
What is a putz?
A. Jerk.
Q. Is that all it is?
A. Yes.
Q. And so you like to call people jerks?
A. No. I don't like to call people jerks. I
like to call jerks jerks.
Q. You think it's appropriate while I'm
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litigating against you to call me a jerk?
MR. DESOUZA: Object to form.
THE WITNESS: I didn't say it was appropriate
or not.
BY MR. SWEETAPPLE:
Q. Well, you have called me a jerk, right?
A. Well, I call a spade a spade.
Q. I see. So you've called me a jerk, right?
MR. DESOUZA: Are we here about your feelings,
Bob, or to actually talk about this case?
MR. SWEETAPPLE: We're here about my motion
to --
MR. DESOUZA: Are your feelings hurt, or do we
actually want to talk about it?
MR. SWEETAPPLE: We're here about your
client's abuse of conduct in litigation,
sanctioning him and his counsel.
MR. DESOUZA: We're not here on a case in
Tennessee. We're not here about flying signs ten
years ago. As far as I know, we're here about a
motion for sanctions and an amendment to that
motion for sanctions that you filed in this case,
which as far as I can tell relate to two items.
Some meeting that happened in June that you get to
talk about at 3:00 p.m., and some signs that were
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allegedly flown this year, which we have yet to
talk about. And perhaps maybe even get to the
merits of this case at some point this afternoon.
MR. SWEETAPPLE: Well, the signs have the same
words in them as I'm talking about in this case.
I'm getting into his MO, his intent, and I intend
to show that this gentleman has been engaging, as I
allege in the motion, in conduct that is classic
litigation abuse in multi jurisdictions that he has
been sanctioned for, that he knows is not
permitted, and that he's continuing to do it.
So it's not about my feelings. It is about
whether or not it's appropriate for my client to
say that you are rotten. Or to say you lay smelly
farts, or to threaten your children.
And I'll get into everything that I'm going to
prove this gentleman did in this case. And I'm
going to prove he did it in other instances. And
it's just a very small part of his illegal conduct
that we're going to be getting into in this
litigation. So just be patient.
MR. DESOUZA: Well --
MR. SWEETAPPLE: Please. I've been doing this
34 years. I will tie it all up for you. All your
mysteries will be solved.
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MR. SWEETAPPLE
MR. DESOUZA:
MR. SWEETAPPLE
MR. DESOUZA:
MR. SWEETAPPLE
question --
Bob, I appreciate it. I would
. Let me go forward.
Can you hold on a second?
No, we're done.
I'd appreciate --
. Mr. O'Boyle, I have a
MR. DESOUZA: Hey. Excuse me. I would
appreciate it if you might be able to do it, say,
perhaps before 10:00 p.m. tonight so we can all get
home.
MR. SWEETAPPLE: We're not going to go until
10:00 p.m. tonight. Your client has 12 cases
pending just in his name. He has got over a
hundred in a bogus entity called Citizens Awareness
Foundation that he's used with his son to shakedown
governments throughout this state.
MR. DESOUZA: Really?
MR. SWEETAPPLE: For money. Yes.
MR. DESOUZA: I'm here for one case. I'm not
here for 12 cases, 100 cases. I'm not here for a
case in Tennessee. I'm here for --
MR. SWEETAPPLE: I'm here to amend.
MR. DESOUZA: -- one case.
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MR. SWEETAPPLE: That's right. And I'm going
to be amending and bringing claims in this case
that we're going to relate to all these other
cases, so allow me to take my discovery. Your
client's filed 12 lawsuits just in his name.
Certainly he is not in a rush not to be deposed.
He apparently wants to be deposed. He wants to
tell a story.
He has all these claims that we need to find
out about. So let me find out about this claim,
and exactly what he's doing and how he wants to
litigate, okay?
MR. DESOUZA: I would love for you to do that,
obviously. I would love for you to ask about this
claim at some point, before -- let's see, it's 2:05
now. We started at 9:30. I don't think I have
heard a single question today about this claim,
this lawsuit, or the allegations you have raised in
your motion to dismiss.
MR. SWEETAPPLE: Well, then --
MR. DESOUZA: Maybe I'm not paying attention.
But I don't think I've heard a single question.
MR. SWEETAPPLE: It's not my job to educate
you. If you think that's the case, then God bless
you.
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Okay, Mr. O'Boyle --
THE WITNESS: May the Lord be with you.
MR. DESOUZA: Thank you.
BY MR. SWEETAPPLE:
Q. Mr. O'Boyle, so do you think it is
appropriate, when you were involved in the litigation
with trying to assist your daughter in her criminal
matters, and you were filing -- flying banners calling
Mr. McAuliffe a jerk, without telling me what was said,
did you ever talk to any attorneys about whether or not
that was appropriate?
A. Yes.
Q. Okay. And without telling me what was said,
when you have, in this litigation, called Mr. Morgan,
the mayor, a putz during this litigation, have you
spoken with any attorneys as to whether or not that was
appropriate?
A. No.
Q. And you do think it's appropriate in this
litigation to publicly defame me?
MR. DESOUZA: Objection.
MR. TAYLOR: Objection. Legal conclusion.
THE WITNESS: It is a legal question. I can't
answer it.
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BY MR. SWEETAPPLE:
Q. Do you think it is appropriate for you to make
statements that I, as a member of the bar, is
misrepresenting the law or facts?
A. I'm sorry. Say that again.
Q. To make public statements that I'm
misrepresenting the law or facts or have done that; do
you think it's appropriate for you to do that publicly
during this litigation?
A. I still didn't catch what you said. Can you
say it again?
Q. I'll withdraw it.
MR. DESOUZA: Just for the record, I do think
that was a relevant question, 2:07 p.m.
MR. SWEETAPPLE: You have continued to make
facetious comments throughout the deposition, to
make speaking objections --
MR. DESOUZA: I think it was relevant.
MR. SWEETAPPLE: I don't need you to comment
on whether you think something is relevant. You
think relevancy even matters in a deposition. You
think settlement discussions can't be discussed in
a deposition.
MR. DESOUZA: I didn't say that.
MR. SWEETAPPLE: I really don't need you to
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comment on whether something is relevant or not.
You're not the judge, and that's not the legal
standard. So that's one reason I don't put much
credence in your preaching to me.
MR. DESOUZA: Are you the judge, Bob?
MR. SWEETAPPLE: No, I'm not. And I would
like to take a deposition.
MR. DESOUZA: Why don't you continue?
MR. SWEETAPPLE: Thank you.
THE WITNESS: Can I be the judge?
MR. DESOUZA: Not today.
BY MR. SWEETAPPLE:
Q. Now, as a result of your daughter's case, you
and your wife filed a civil suit against the Stofts,
correct?
A. I don't know if my wife was involved, but I
think we did.
Q. She was the plaintiff as well, don't you
recall that?
A. No.
Q. And you allege that you were emotionally --
you had pain and suffering because you saw the video of
your daughter's DUI test, right?
A. I believe, I don't remember the exact --
exactly what was there, but something akin to that, yes.
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Q. And then Judge Crow threw those claims out
also, right?
MR. DESOUZA: Objection to form.
THE WITNESS: I'm not sure what happened.
BY MR. SWEETAPPLE:
Q. And you were sanctioned and your attorneys
were sanctioned in that litigation just this year,
weren't you?
A. I don't think I was sanctioned, but I don't
know.
Q.
You
don't recall that?
A.
I said
I don't
know
that.
Q.
Were
you aware
that
fees were awarded under
57.105?
A.
No.
MR.
SMITH: Who
was
that against?
MR.
SWEETAPPLE:
The
Stofts. Randy and Janice
Stoft.
MR. DESOUZA: That's who the case was filed
against.
MR. SMITH: That's what I was asking.
MR. SWEETAPPLE: Yeah. Mr. Witmer was the
attorney from the O'Boyle Law Firm. Randy Stoft,
the architect, and his former wife.
MR. SMITH: Thank you.
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BY MR. SWEETAPPLE:
Q. Okay. Now, you asked to -- strike that.
Did you ask or did your attorney, Mr. Ring,
ask to have a meeting with Mr. Randolph and Ms. O'Connor
in June of this year?
A. I believe Mr. Ring asked to have a meeting for
the purposes of the settlement conference.
Q. A settlement conference of what?
A. To try to settle whatever case was hot at the
time. I don't remember.
Q. Whatever case or cases?
A. Whatever case or cases.
Q. Okay. And was the purpose to discuss the
motion to disqualify the O'Boyle Law Firm?
A. I think that was one of the purposes, yes.
Q. And was Mr. Ring counsel in any of the cases
that were pending at that time?
A. You'd have to ask him.
Q. Well, he wasn't counsel in any of the cases
that were pending at that time, was he, Mr. O'Boyle?
You know that.
MR. DESOUZA: Objection. Asked and answered.
BY MR. SWEETAPPLE:
Q. Don't you know that Mr. Ring was not serving
as an attorney in any of the cases on June 4, 2014?
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MR. DESOUZA: Objection. Same question, three
times.
BY MR. SWEETAPPLE:
Q.
Can you answer
that?
A.
You -- I guess
you know the
answer, so...
Q.
I want to know
if you know the
answer.
A.
The answer is I
don't know.
I don't. But if
you tell
me the question
again I might
change my mind.
Q.
In June of 2004
was Mr. Ring
an employee of
the O'Boyle
Law Firm?
A.
Don't know.
MR. DESOUZA: You said 2004.
BY MR. SWEETAPPLE:
Q. 2014. Was he, in 2014, in June, was Mr. Ring
a member of the O'Boyle Law Firm?
A. I do not know.
Q. What is your relationship with Mr. Ring?
A. Mr. Ring used to -- he's a former employee.
Q. When was he your employee?
A. Previously.
Q. For how long?
A. I don't know.
Q. More than ten years?
A. I think so.
Q. More than 20 years?
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A. No.
Q. What companies has he worked for?
A. I don't know.
Q. Do you know of any companies he worked for?
A. No.
Q. Is he a member of the Florida Bar?
A. Yes.
Q. How long has he been a member of the Florida
A. I don't know.
Q. Has he served on any not - for - profits at your
request such as Citizens Awareness Foundation?
A. I think he was an officer at one time, yes.
Q. Did you appoint him to that position?
A. I don't think so.
Q. And you're sure of that?
A. I just said I don't think so.
Q. Didn't you have discussions with Mr. Joel
Chandler as to who you were going to appoint to be the
directors of the Citizens Awareness Foundation?
A. No, because I didn't make the appointments.
Q. You didn't. And Ms. De Larmartini became a
director as well, didn't she?
A. I believe so.
Q. And how long has Ms. De Larmartini worked for
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A. Well, first of all, they don't work for me.
They work for companies. And Ms. De Larmartini, off and
on, 25 years or so.
Q. Is she a paralegal?
A. She is.
Q. And what -- in the last three years, which of
your companies or companies you're related to have --
related with, paid her salaries?
A. Don't know.
Q. Has she worked at the O'Boyle Law Firm?
A. No. I shouldn't say no. Not to my knowledge.
Q. Does she ever attend O'Boyle Law Firm
meetings?
A. I don't know.
Q. Has she ever indicated to Mr. Chandler that
she expects that he produce 100 cases a month by filing
public records requests throughout the state, so that
attorneys' fees can be forwarded to the O'Boyle Law
Firm?
A. No.
MR. SMITH: Object to the form of that
question.
BY MR. SWEETAPPLE:
Q. You never asked that question?
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A. No.
Q. So there are no a -mails from Ms. De Larmartini
where she is administering the O'Boyle Law Firm?
A. Well, she may have. I haven't seen an e -mail.
But there could be an e -mail confirming Mr. Chandler's
memorandum where he said, I will produce 100 lawsuits a
month.
Q. And you are not aware that Miss -- are you
aware Ms. De Larmartini has worked for the O'Boyle Law
Firm and made a demand of Mr. Chandler to provide 100
lawsuits to the O'Boyle Law Firm?
MR. SMITH: Object to the form.
MR. DESOUZA: Same.
THE WITNESS: I think that's an untruth.
BY MR. SWEETAPPLE:
Q. And Ms. De Larmartini works for the Commerce
Group?
A. Yes.
Q. And she works for the Citizens Awareness
Foundation?
A. Yes.
Q. And she works for the O'Boyle Law Firm,
correct?
A. No.
MR. DESOUZA: Can we slow down a little bit so
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if there's an objection we can actually get it out.
BY MR. SWEETAPPLE:
Q. She does work for the O'Boyle Law Firm,
doesn't she?
A. No.
Q. She has conducted meetings of the O'Boyle Law
Firm and gone over entire case lists of the O'Boyle Law
Firm with lawyers in the O'Boyle Law Firm and
Mr. Chandler, hasn't she?
MR. SMITH: Object to the form.
MR. DESOUZA: Same objection.
THE WITNESS: Not to my knowledge.
BY MR. SWEETAPPLE:
Q. You're not aware that Ms. De Larmartini is
actively involved in the administration of the O'Boyle
Law Firm?
MR. SMITH: Object to the form.
Argumentative. Assumes facts.
MR. DESOUZA: Same.
THE WITNESS: I don't know how to even answer
that.
BY MR. SWEETAPPLE:
Q. How about truthfully? Are you aware that
Ms. De Larmartini, who has been with you for 25 years,
is not only working for the Commerce Group and working
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for Citizens Awareness Foundation, but is also running
or assisting in the administration of the O'Boyle Law
Firm?
MR. TAYLOR
MR. SMITH:
MR. DESOUZA:
THE WITNESS:
BY MR. SWEETAPPLE:
Objection. Asked and answered.
Objection to form.
Same objection.
Is there a question?
Q. Yes. Are you aware that that's what's
occurring?
MR. SMITH: Object to form.
THE WITNESS: No.
BY MR. SWEETAPPLE:
Q. And didn't you and your son, Jonathan O'Boyle,
meet with Joel Chandler in January of 2014 for the
purpose of forming Citizens Awareness Foundation in
order to front litigation to the O'Boyle Law Firm which
was going to be formed at the same time?
A. No.
MR. SMITH: Object to the form.
MR. DESOUZA: Same.
BY MR. SWEETAPPLE:
Q. And didn't you agree to pay Mr. Chandler
$120,000 a year to go around the state and to file
public records request lawsuits?
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Page 141
F-AVENEV067
Q. And are you aware that Ms. De Larmartini in
writing has demanded that Mr. Chandler produce to the
O'Boyle Law Firm a hundred lawsuits a month?
MR. SMITH: Object to the form.
THE WITNESS: No.
BY MR. SWEETAPPLE:
Q. Are you aware of the windfall profit scheme
that is used by the O'Boyle Law Firm?
MR. SMITH: Objection.
MR. TAYLOR: Object.
MR. DESOUZA: Objection.
MR. SMITH: Come on, Bob. You know better
than that.
BY MR. SWEETAPPLE:
Q. Are you aware -- do you know who Mr. Chandler
is?
A. Yes. He's a crook.
Q. Are you aware that he has contacted various
victims of your and the O'Boyle Law Firm's practices and
made these victims aware of what he alleges are
fraudulent and criminal activities?
MR. DESOUZA: Objection. Form.
MR. SMITH: Objection.
MR. TAYLOR: Objection.
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THE WITNESS: I'm not aware of that. But I am
aware that he committed bankruptcy fraud. That, I
am aware of.
BY MR. SWEETAPPLE:
Q. Are you aware that the Citizens Awareness
Foundation has sued Mr. Chandler to try to get him to be
quiet about the things that he's going around telling
attorneys throughout the state that you're involved in?
MR. DESOUZA: Hold on.
MR. SMITH: Object to form. Bob, you know
you're making speeches. You're not asking
questions. You've been doing this for 34 years,
you're making speeches.
MR. DESOUZA: Are you aware that he did this
to silence them. Give me a break, Bob. Why don't
you ask some questions that are actually going to
generate some answers so we can all go home at some
point today.
(Defendant's Exhibit No. 6 was marked for
identification.)
BY MR. SWEETAPPLE:
Q. Let me show you what I'm going to mark as the
next exhibit, Mr. O'Boyle. It was a lawsuit filed by
the alleged Citizens Awareness Foundation. Do you know
what the Citizens Awareness Foundation is?
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A. It's a company.
Q. You caused it to be formed, didn't you?
A. I don't know that I caused it to be formed. I
don't think so.
Q. Well, Mr. Ring did at your direction, right?
A. I'm not going to answer that. I'm not going
to answer that.
Q. And you discussed with Mr. Chandler that the
Citizens Awareness Foundation was going to be an entity
that was going to go around the state and make public
records requests and generate lawsuits, right?
A. No.
Q.
No?
A.
Wrong.
Q.
And did
you offer to pay Mr.
Chandler $120,000
a year to go around
the state and file
lawsuits?
A.
No.
Q.
Prepare
lawsuits?
A.
No.
Q.
And did
you -- was Mr. Chandler hired by
Citizens
Awareness
Foundation the same
day that it was
formed?
A. I have no idea.
Q. And you agreed to pay Mister -- strike that.
Did you ever fund any money to Citizens
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Awareness Foundation, Inc?
Page 144
A. I'm not sure I'm understanding.
Q. Did you or your entities ever put money into a
Citizen Awareness Foundation, Inc., bank account?
A. Okay. I don't know how the -- how the bank
accounts are set up, but the company absolutely had to
be funded. If it had to be funded I, or one of my
entities, would have funded it. We wouldn't have gotten
pennies from heaven.
Q. So the entity was funded by you or one of your
entities, right?
A. I think so.
Q. And it's in the same -- does Mr. Chandler have
his offices in the same place as the O'Boyle Law Firm?
A. No.
Q. He didn't meet in the same building in the
same space as the O'Boyle Law Firm?
A. No.
Q. And did the Citizens Awareness Foundation,
Inc., agree to pay Mr. Chandler $120,000 a year?
A. You already asked me that.
Q. Where did he get that money? All from you,
correct?
A. You already asked me that, too.
Q. Did all 120,000 that was committed for his
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salary come from you or your companies?
A. To the best of my knowledge it did, but I
can't say for sure.
Q. And has the Citizens Awareness Foundation
filed lawsuits throughout the state of Florida for
public records violations?
A. I mean, I'm assuming, yes. But I have no
personal knowledge.
Q. Okay. Well, you called Mr. Chandler after he
quit, after he resigned, and asked him to deliver the
balance of the cases to the O'Boyle Law Firm, and sent
him an e-mail to that effect, didn't you?
A. I think what I sent him an e -mail and called
him was, was for him to give us back the property he
stole.
Q. What property did he steal?
A. Well, during the period of time he had a
contract, and it said that any -- I'm going to call them
"deals." Any deals between point A and point B were
ours. And as we decided to do a little bit of research,
we started finding out in various parts of the state
where he was -- during all that time he wasn't giving us
the deals, he was giving him the deals. We also came
to --
Q. Who is the "us" that he wasn't giving the
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Page 146
deals to?
A. Pardon?
Q. You mean the lawsuits?
A. Yeah. He wasn't giving -- in other words,
where he filed a lawsuit, he would keep it on his own,
and then what he would do, he would have no lawyer. He
would file a lawsuit, and then he would go to Dan
DeSouza or some corporation and say, look, I just filed
a lawsuit against you. If you give me $1,500 we can
settle it fast and cheap. And that's all there is to
it. He also was filing as an indigent. He wasn't
paying his filing fees. I don't know if you're aware of
that.
Q. So he had an agreement to refer all violations
of open government laws in court -- encountered in the
course of his duties to legal counsel approved by
Citizens Awareness Foundation, right?
A. Can you read that again?
Q. Didn't Mr. Chandler have an agreement with you
to refer violations of open government laws encountered
in the course of his duties to legal counsel approved by
the Foundation?
MR. DESOUZA: Objection. You said you or with
the Citizens Awareness --
Debra Duran & Associates
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Pagc 147
BY MR. SWEETAPPLE:
Q. Citizens Awareness group and Mr. Chandler had
that agreement, right?
A. I had nothing to do with Citizens Awareness.
Q. You have nothing to do with Citizens
Awareness?
A. Nothing.
Q. You're funding it, right? You're the only one
funding it.
A. I'm allowed to make loans.
Q. So you've loaned money to them; is that what
you're saying?
A. I'm allowed to make loans.
Q. You have promissory notes with Citizens
Awareness Foundation?
A. I'm allowed to make loans.
Q. Have you made loans to Citizens Awareness
Foundation?
A. To my knowledge, either I have, or entities
that I control have.
Now, that's the fourth time you've asked me.
If you like, I can write it down and I can hold it up
each time.
Q. Are there any promissory notes for these
loans?
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Page 148
A. Maybe. I don't know.
Q. Which entities made the loans?
A. I have no --
Q. How much has been loaned?
MR. DESOUZA: Hold on. Hold on. Let him
finish the answer before you jump to the next one.
I can't make my objections like this. You
guys are both...
BY MR. SWEETAPPLE:
Q. How much has been loaned, Mr. O'Boyle?
A. I don't know.
Q. And before, before the entity was formed, you
gave Mr. Chandler money so he could travel around the
state and go set up public records lawsuits, right?
A. I don't think so.
Q. And he had use of your personal credit card,
correct?
A. He needed -- he told me he needed a credit
card, which in today's world you need a credit card to
get a hotel, a car, so forth. And we ordered an extra
credit card. And they put that extra credit card, I
think, in my name. But I'm not -- whether it was my
name or not, it was my credit card.
Q. But you negotiated with Mr. Chandler the terms
of his employment with Citizens Awareness Foundation,
Debra Duran & Associates
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Inc., right?
Page 149
A. No.
Q. There are a -mails where you go over all those
details with him, correct?
A. What are you saying?
Q. Aren't there a -mails where you and
Mr. Chandler and your son and Mr. Witmer discussed not
only forming the O'Boyle Law Firm for purposes of
fronting public records requests to the law firm, but
also all the terms of his employment? Strike that.
I'll break it down.
Didn't you exchange a -mails with Mr. Chandler
where you negotiated the terms of his employment?
A. I don't think so.
Q. And didn't you require from Mr. Chandler that
all of the lawsuits that he was able to generate for
Citizens Awareness Foundation would be fronted to your
son's law firm?
MR. DESOUZA: Objection to form.
MR. TAYLOR: Objection.
MR. SMITH: Objection.
THE WITNESS: I don't think so.
BY MR. SWEETAPPLE:
Q. Are you aware whether or not there are a -mails
between Mr. Chandler where he attempted to have Mr. Ring
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
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Page 150
allow lawsuits to be filed to others, by other law
firms, and it was instructed by Ms. De Larmartini and
Mr. Ring that all law firms that were filed by the
"Citizens Awareness Foundation" had to be filed by the
O'Boyle Law Firm?
MR. TAYLOR: Objection. Form.
MR. DESOUZA: Objection. Form.
THE WITNESS: I don't understand your
question.
BY MR. SWEETAPPLE:
Q. Were you aware --
MR. DESOUZA: Bob, if you can reformulate it,
we would like to take a quick bathroom break.
MR. SWEETAPPLE: Let's take a break.
MR. DESOUZA: You can reform the question.
MR. SWEETAPPLE: Go ahead. Take a break.
THE VIDEOGRAPHER: The time is 2:24. We're
going off the record.
(At 2:25 p.m. a brief a recess was taken.)
(End of Volume I)
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
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Page 151
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
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Page 152
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
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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:
CC: All Counsel
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
Page 153
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Page 154
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
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Page 155
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
$
$1,500 146:9
$120,000 140:24
143:15 144:20
$300,000 108:23
109:3
(1) 35:25
(2) 36:1
(3) 36:2
(a) 51:25 91:17
(b) 52:191:18
(c) 91:21
0
0801793 -JKO
36:6
1
1 22:12,1324:17
1,000 121:21
1,300 118:1,8
121:11
100 31:18 128:22
137:17 138:6,10
10:00 23:24
128:11,14
11 83:17
1147 21:16
1171 21:16
119 50:17
11:01 57:7,9
11:20 57:11
11th 11:2012:1,2,
4,6
12 65:15 128:14,22
129:5
120,000 144:25
128 78:4
1280 6:2431:11
58:8
1286 58:16
12:00 93:12,14
12th 11:21,2412:8,
11,13 121:12
13 49:2,13 52:24
53:182:24 121:12
1405 5:14
15th 5:9
17 68:18
19 123:24
1:00 93:7,9
1:17 93:15
1:30 33:23,24 34:3,
8 93:7,10
2
2 43:18,23 50:18
53:5 81:17,18,20
82:4,8,10 83:3,5,7
20 78:1 135:25
2004 135:9,12
2006 25:23
2008 109:7
2009 101:20
2010 33:23,25
2011 117:23
2012 121:12,20
123:25
2013 57:20 68:18
69:10,23 70:6,11
2014 5:9 22:24
49:2,13 52:24 53:1
59:12 60:23 82:24
134:25 135:14
140:15
206 112:10
224 5:13
25 137:4 139:24
25th 100:11
26 33:23,24
26th 35:6
28 34:11
28th 100:10
2:05 129:15
2:07 131:14
2 :24 150:17
2:25 150:19
2nd 25:23
3
3 68:8,16,21 69:8
109:7
30 -day 123:16
33401 5:14
34 127:24 142:12
3:00 126:25
3rd 60:22,23 61:19
4
4 72:15,16 73:6
75:3 134:25
40 95:18,21
400 111:21
45 82:5
454 123:15 124:2
455 34:1135:6
455(b) 36:2
4th 60:23 61:19,20
88:4,24
5
5 100:2,6 101:15
57.105 133:14
5th 60:23 61:20
6
6 142:19
6/13/14 43:1744:5
48:2179:17 80:24
6113/2014 49:8
81:12
68 12:5
7
70s 95:8,9,10 96:1
8
80s 96:4
874 123:14,23
9
9:30 129:16
9:50 5:10
A
a.m. 5:10 57:7,9,11
ability 14:1928:15
absolute 55:23
absolutely 88:10
144:6
abuse 126:16
127:9
accept 123:10
access 112:16
accommodate
14:22
accompanied
74:24
accomplish
121:14,18
account 144:4
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
Index: $1,500- affirmed
accounts 144:6
accusations
108:17
accusing 70:19,20
acknowledge
48:12,24
acknowledgment
35:14
actions 24:8 97:19
actively 139:15
activities 7:15
141:22
actors 116:13,24
actual 21:23
addition 11:16
17:2
additional 94:5
98:23
address 6:23
adequately 35:11
administering
138:3
administration
139:15 140:2
admissible 60:5
90:1191:15
admission 108:20
admitted 90:22
91:16
admonitions
20:25
adversary 36:5
advice 10:15
103:21
affairs 34:18
affidavit 22:10
25:2,13,14 43:21
affiliated 32:3,5
118:7
affirm 6:18
affirmed 6:15
afield 63:22
afraid 37:21
afternoon 127:3
aggressively
53:23
agree 29:18 66:24
79:20 123:18
140:23 144:20
agreed 91:19
143:24
agreement 62:6,9,
12,13,16,25 63:5
66:2167:13 89:11,
15,16,18,19,20
90:8 146:14,19
147:3
agreements 63:10
79:11
ahead 10:1628:25
51:15 81:6 85:11,
12,13, 150:16
Air 13:3
airport 115:18,19
akin 132:25
Alfano 106:4,10,
22,24
allegation 101:7,
10
allegations 40:8
100:14 129:18
allege 99:9,19
127:8 132:21
alleged 39:6,12
40:21,22 47:4
59:23 99:12
100:14 142:24
allegedly 94:15
127:1
alleges 40:14,15,25
141:21
alleging 55:22
100:24
allies 107:4
allowed 102:13
147:10,13,16
alter 65:17 66:3
Alzheimer's
108:2 109:1
amend 128:24
amending 60:6
129:2
amendment
102:14 126:21
amount 119:22,23
and/or 94:3
announce 5:18
answering 12:17
42:11 45:21 73:1
answers 120:7
142:17
anted 108:23
anticipated 13:15
anymore 38:17
87:24
apologies 92:22
apologize 48:18
84:8,10 85:25 86:5
110:23
appalling 35:19
apparently 72:22
73:4 129:7
appeal 36:24 37:6
38:25 47:6 73:11
75:6,12 80:13
119:3,4 120:12
Appeals 45:17
72:1173:9
appearance 84:6
appearances 5:18
appeared 26:13
70:11,18
appearing 6:3
appellate 73:7
75:13,14 107:23
109:25 110:3
119:15
appoint 136:14,19
appointments
136:21
approval 108:9
approved 146:16,
21
approximately
5:10 16:17 21:11
57:10
architect 133:24
area 49:15 92:12
argue 34:2035:22
argued 35:8 37:1
argument 34:12
35:13 39:14
Argumentative
139:18
arguments 26:5
arise 24:6,7
Aron 121:10
122:5,17
Aronberg 114:10
117:5,7,11,14,17
118:2,8,14,21
119:13 123:16
Aronberg's 117:2
119:7 124:3
arrangement
67:16
arrangements
75:19
arrested 114:24
article 100:5,6
108:14 121:9,17
123:20
articles 107:10
121:16
articulate 96:25
asleep 74:17
asserting 36:23
59:25
assertions 57:14
asserts 36:22
assessment 34:15
assist 130:7
assisting 140:2
Associates 19:16
20:2,16 25:18,21
72:9,14
assume 13:25 31:8
Assumes 139:18
assuming 53:2
145:7
astonishment
34:17
attacking 54:16
125:6
attempt 100:21
attempted 149:25
attempting 21:2
46:25
attend 137:13
attended 49:12
attention 129:21
attorney 40:14
42:19,20 47:1,8
56:22 68:19 69:1,
10,17,20,22,25
103:21 1182,3,14,
16,18 133:23
134:3,25
attorney's 51:17
attorney - client
42:10
attorneys 5:17
13:9 38:25 43:7
64:24 72:6,7
121:23 122:1
123:4 124:11
130:10,16 133:6
142:8
attorneys' 40:18
41:7 62:3 64:9
123:8 137:19
August 33:23,24
35:6
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
Index: afield- bankruptcy
authorized 69:15
Avenue 100:11
Avery 52:4,18,19
awarded 133:13
aware 10:1925:24
36:11,24 39:15,18,
22,24 40:6 57:18,
19,23 58:1,4, 71:7,
20,22 80:19 102:2
104:7,11,106:18
107:10 116:22
123:23 124:2
133:13 138:8,9
139:14,23 140:9
1412,8,16,19,21
142:1,2,3,5,14
146:12 149:24
150:11
Awareness 65:17
128:16 136:12,20
138:19 140:1,16
142:5,24,25 143:9,
21 144:1,4,19
145:4 146:17,24
147:2,4,6,15,17
148:25 149:17
150:4
B
B- a- t -i -c -a 112:2
back 13:5,1814:25
25:4 48:3,17 49:16
57:1165:10 74:21
75:16 85:20 86:1,
5,7,17 88:192:11,
20 93:10,16,18
98:19 108:16
110:19 120:1,6,7,8,
21 145:14
background
93:19
bad 31:12
bag 102:21 103:11
balance 145:11
bank 21:1725:19,
20 144:4,5
bankruptcy 34:20
142:2
banner 113:15
124:17,19,20,23
125:2
banners 102:2,4
103:10,15 104:5,9,
19,22 105:1,6,13,
23 106:1,6,9,11,12,
13,18,21 112:4,11
113:6,11,22 114:4,
5,8,22 115:3,5,9,
11,12,14 116:2,6,
10 125:5 130:8
bar 131:3136:6,9
Barbara 36:5
Barnett 35:9
based 10:1849:3
51:21,24 84:16
basis 34:2235:15
51:6 66:25 67:4
88:19
bathroom 150:13
Batica 111:25
battle 96:6108:15
BE300 111:20
beach 5:14 6:25
13:4 45:19 46:2,5,
6 82:20 108:18
113:7 114:1 115:6
121:24
beachfront 100:8
bear 24:12
bearing 22:23
beginning 25:2
58:9
behalf 5:226:4,7
18:2140:24 55:20
56:13,2169:16
belief 84:16
believes 92:5
belongs 30:7
bench 34:13
Benton 45:5,17
47:1,5,12,14
Benton's 49:1,12
betrayed 35:6
Beware 124:14,16,
19,21
bill 50:2151:19,23
52:1,10
billed 66:16,22
billings 66:10,13
bills 51:4,7 52:3,
13,17,19 64:1,7
66:17
bit 43:1,744:14,21
46:9 138:25
145:20
bless 129:24
blimp 111:12
113:4 121:10
122:5,12,13,14,15,
16,17,18,22
blimps 103:3,19
104:3,10 110:8,12
112:14 113:1
Blount 20:4,6
21:18
board 101:17,19
Bob 22:18 23:19,
24 24:15 31:3
37:11,20 38:5,7
41:13 43:20 56:17
57:4 59:16 62:18
64:22 69:3 72:24
73:20 74:2 79:20
92:24 102:11
121:13 123:19
126:10 128:1
132:5 141:13
142:10,15 150:12
body 102:20
bogus 25:3 128:16
bona 40:15,16,17
41:5 59:22
bordering 31:1
boring 74:16
borough 94:21,23
95:13 96:7 97:10,
14,21,24 99:13,20,
24 100:9,11,15
101:17 103:5
104:7,16 107:19
110:4
borough's 108:22
bottles 16:10
box 13:527:874:9
Boy 109:18 121:10
122:5,17
break 7:18 14:21
57:6 63:24 92:14
93:3,5 142:15
149:11 150:13,14,
16
bring 13:7,9,12
49:15 70:25 94:6,7
120:19,24
bringing 64:19
129:2
brought 16:717:2,
20,23 18:20 40:19
73:15 115:8 121:2
Broward 113:7
Bruce 118:3
123:15,24
building 7:1,3,4
31:13,14,16,21,23
32:1,25 42:3 58:9,
13,17,19,2159:14
7 76:6,13,25 77:3,
5,10,17,24 78:4,8,
18,19 144:16
business 6:22
108:20
C
calculated 60:4
91:15
call 7:3 53:24 56:8
86:6 87:3 92:11
93:6 96:8 107:1
115:20,21 125:22,
23,24 126:1,7
145:18
called 15:7 17:15
21:8 54:16,68:17
88:25 103:11
115:22,24 126:6,8
128:16 130:14
145:9,13
calling 130:8
calls 27:10
camera 52:15
campaign 101:7
Campbell 15:7,24
capable 12:17
capacity 8:18
15:5,19 18:17,21,
23
car 148:20
Caravan 111:21
112:3
card 148:16,19,21,
23
care 14:1138:5,7
85:10 92:7
carried 100:10
carry 108:5
case 10:17 15:2,7,
24 16:5,11,13,15,
21,22,25 17:2,11,
14,23 18:1,3 19:9,
13,14,15,18,19,20,
23 20:1,3 21:9,14,
18 22:11,2123:12
24:3,4,6,8 25:17
28:2129:3,12,13,
14,17 33:20 34:1,
11,24 35:3,11,25
36:7,12,15,25 39:9
40:3,4,6 41:1
45:16,18 47:2,11
48:12,24 55:6
56:20 59:17 60:14,
17,20,25 61:6,9
62:1,19,21,24
63:16 64:3,5,13,18,
25 65:12,13 66:12,
16,22 67:1,4,9
68:4,6,11,17 70:5,
19 71:13,19,25
72:12 73:9,13,21
75:9,24 80:13
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
Index: banner-charge
82:20 87:6,7,8,
91:16 93:24 96:12
100:24 101:3,
110:6 118:3
126:10,18,22
127:3,5,17 128:21,
23,25 129:2,24
132:13 133:19
134:9,11,12 139:7
cases 15:13,22
17:9,13,18,20 18:7
19:6 28:16 34:25
40:19 59:25 63:18
64:25 109:24
128:14,22 129:4
134:11,12,16,19,25
137:17 145:11
catch 106:20
131:10
Catherine 21:15,
24
caused 103:3
113:6,10,15,22
122:9 143:2,3
caution 90:1
Center 6:2431:11
58:8,16 78:5
Certify 49:14
Cesna 111:20,21
chance 23:10,13
74:25 75:2
Chandler 136:19
137:16 138:10
139:9 140:15,23
141:3,16 142:6
143:8,15,20
144:13,20 145:9
146:19 147:2
148:13,24 149:7,
12,15,25
Chandler's 138:5
change 35:16
108:22 135:8
Chapter 50:17
characterizing
66:3
charge 107:13
cheap 146:10
chief 37:2
Childish 102:19
children 127:15
chosen 34:18
chronological
15:3
Circuit 72:1173:8
82:20
Citizen 144:4
Citizens 65:17
128:16 136:12,20
138:19 140:1,16
142:5,24,25 143:9,
21,25 144:19 145:4
146:17,24 147:2,4,
5,14,17 148:25
149:17 150:4
city 9:2210:1,2
43:16 79:19 80:23
94:19,20 100:14
civil 132:14
claim 129:10,15,17
claims 24:7 26:1
64:13,18 94:7,8
129:2,9 133:1
classic 127:8
clear 26:12 90:15
clerk 97:20
client 29:1847:14
72:2182:12 90:3
91:19 127:13
128:14
client's 41:16,17
66:2 73:3 126:16
129:5
clients 90:4
closer 29:9
closing 41:13
closings 66:4
clueless 73:23
coaching 38:12
Coast 121:24
coincidence
42:16,19
college 55:18
Collingswood
12:3
color 98:7
Colton 118:3
123:15,24
Colton's 118:8,14,
21
combined 34:21
commenced 94:14
commencement
10:16
comment 74:3
79:22 131:19
132:1
comments 53:9
103:2 131:16
Commerce 21:15,
138:16 139:25
commission 48:17
49:2,7
committed 56:3,4,
6 142:2 144:25
committee 107:22
committing 68:13
communicate
9:15,18 46:25
communication
42:10
communications
32:17 91:19
compact 110:1
companies 9:5
31:25 110:8
120:10 136:2,4
137:3,8 145:1
company 118:7,12
122:9 143:1 144:6
compensated
8:15,24
compensation
7:15 8:12 9:3
complain 38:11
complaint 29:11,
13 61:11,12,18,21
109:12 117:10,19
complaints
108:16 109:10,14,
16,19
concerned 67:23
concerns 101:7
conclude 13:22
conclusion 130:22
conduct 26:2
71:13 97:20
126:16 127:8,19
conducted 33:22
139:6
conference 39:16
134:7,8
conferring 47:8
92:23 103:20
110:17
confidential
89:11,14,16,19,22
90:8,16 91:3,4
92:5
confirming 138:5
Congress 36:2
conjunction
103:16 117:25
connection 60:22
97:25
considered 54:20
consistently 34:12
47:15 80:6 82:16,
IS
construction 98:1
contacted 67:24
141:19
contempt 22:6
28:22 33:5 71:17,
24 72:23
contentions 71:9
continue 73:25
74:5 132:8
continued 131:15
continuing 127:11
contract 145:18
control 105:10
121:1 147:20
conversation
38:10 52:7
conversations
37:12 45:22 46:12
52:9,12 105:19,22
convicted 115:1,2
116:8 117:22
conviction 120:13
Cooper 72:5
copies 43:2168:23
73:2 79:7
copy 33:25 53:5
68:24 72:10,19,20
73:7
Core 25:18,21
corporation 146:8
correct 9:5 12:9,15
42:2144:7 61:23
62:165:14 67:13
72:6 76:25 77:12
79:19 80:14 84:1
85:23 94:16 96:18
99:3 101:11,17
107:23,24 109:25
110:4 118:3
132:15 144:23
148:17 149:4
corrected 81:6
84:1,3 85:23
correctly 48:18
correspondence
32:15
cost 26:6
council 44:4 46:2
47:149:12 51:15
81:14,23 82:24
88:1
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
Index: cheap-critical
counsel 6:3 22:17
23:22 24:12 34:8
35:7,10 37:12,15
38:16 39:9 40:25
41:16 46:12 66:2
69:5 74:22 92:23
103:20 126:17
134:16,19 146:16,
21
counterclaims
24:6 64:17
county 20:4,6
21:18 42:3 45:19
46:3,5,6 82:20
113:7 114:1 115:6
couple 28:9
court 15:17,18
20:3,4,5,8,11,17
25:24,25 27:5,16
28:22 45:17 47:6
48:13,25 49:15
68:17 72:7,1173:8
75:7,10,13,14
80:11,12,14 82:21
90:20 91:22 97:19
110:3,6 119:25
146:15
courteous 74:22
courthouse 43:1,7
44:13,20 45:11,12,
20 46:1,3,5,7,8
47:2,12 114:2
115:6
courtroom 34:17
courts 39:2180:8
88:21
credence 132:4
credit 148:16,18,
19,21,23
credits 64:7
crime 55:23,25
56:1,3,4,6,7,10,12
57:16 68:13
criminal 94:8
108:16 109:10,12,
14,16,19 130:7
141:22
critical 102:18
106:13,19,22 107:1
criticisms 74:7
crook 141:18
cross -
examination 92:9
Crow 133:1
Culver 5:24
❑
Dade 113:7
Daily 40:3,5
Dale 22:11
Dan 5:22146:7
date 53:2 81:15
dated 25:2268:18
dates 34:6,7
Datura 5:13
daughter 114:19,
21 116:8 118:22
119:14 120:11,24
130:7
daughter's 118:9
132:13,23
Dave 123:15124:2
day 5:9 53:8
143:21
De 9:1178:5
116:13,17,23
136:22,25 137:3
138:2,9,16 139:14,
24 150:2
dealings 63:19
75:16
deals 90:10
145:19,23 146:1
dealt 71:2
debits 64:7
Debra 5:3
decade 34:19
decide 88:18
decided 116:2
145:20
decision 47:4
51:17 71:7 73:8
91:24 116:3,5
decisions 71:19
deemed 51:16
Deerfield 6:24
defamation 17:24
86:19,22,24 87:1,
10,20
defamatory
79:16,2180:1
87:23
defame 130:20
defend 53:22
defendant 16:3
19:6,12 36:4
defendant's
22:12,13 43:23
68:8 72:16 100:2
142:19
defendants 26:3,7
34:18 71:11
defends 53:21
defense 59:21
defenses 24:5
59:24 60:2
definition 56:11
delaying 49:16
deliver 30:2
145:10
demand 138:10
demanded 141:3
demands 29:18
demarked 77:6
demonstrate
89:23
denied 34:13 36:6
37:7
Denise 116:23
deny 104:25
depend 107:1
depends 58:19
67:1
deposed 11:115:2
16:17 61:10 101:7
129:6,7
deposition 5:3,11,
13 6:9 10:8,16
12:21 13:10,12
14:9,21 15:16
18:3,4,8 23:5,7
46:17,22 60:10
61:13 72:15 74:11,
24 85:16 90:12
91:193:21 103:22
121:13 131:16,21,
23 132:7
depositions 11:15
14:25 74:12
derogatory
102:10,103:12
Describe 98:3
describing 125:12
deserved 87:2,3
desired 45:4
Desouza 5:22 6:10
9:6 17:3 22:18
23:10,19,23 24:15,
20 25:4,7 27:9
28:23 30:2131:1
32:19 33:7,15
36:16 37:8,11,16,
20 38:5,7,9,18,22
39:2 41:12 42:4,8,
22 43:3,9,20 44:22
45:2146:11,18
47:7 48:2 49:4,18
54:23 55:11,14
56:16 57:4 62:18,
22 63:2,14 64:20
65:24 66:3 68:4,23
69:3,6 72:18,24
73:20,25 74:18
75:20 76:14 78:12,
20,22 79:20 80:16
84:20,22,25 85:5,
10 89:4,7 90:2,14,
24 91:9,12,25 92:3,
14,18,22,24 93:5,
94:9 100:18 101:3,
13 102:6,11,24
103:6,24 104:12
105:14 107:6
110:15 112:18
116:25 117:4,15
119:16 121:8,13
123:9,18 125:15
126:2,9,13,18
127:22 128:1,4,6,9,
19,21,25 129:13,21
130:3,21 131:13,
18,24 132:5,8,11
133:3,19 134:22
135:1,12 138:13,25
139:11,19 140:6,21
141:12,23 142:9,14
146:8,23 148:5
149:19 150:7,12,15
detailing 34:14
details 149:4
detective 100:20
determinations
88:22
determine 90:20
determined 71:23
difficult 87:8,9
difficulty 71:16,17
digest 35:12
diligence 35:19
Dilorenzo 109:20
DIRECT 6:17
directed 116:11
direction 143:5
directly 8:2 24:9
111:18 112:16
113:3
director 136:23
directors 136:20
disc 110:1
discovery 23:22,
23 24:5 41:7 60:4,
5,8 90:18 91:15
129:4
discuss 103:25
134:13
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
Index: criticisms- douche
discussed 40:3
89:21,24 90:5,17
131:22 143:8
149:7
discussing 89:17
discussion 27:12
90:5 91:18
discussions 68:2
91:21,22,23 105:12
131:22 136:18
disgrace 88:17
disgraceful 88:8
dismiss 129:19
dismissed 29:22
87:6 107:16
dispute 96:5103:4
104:15,20 107:10,
14
disqualify 55:6,9,
21 88:6 134:14
disqualifying
35:1
disseminated
11:24
Distributing
33:20
district 37:3 45:17,
19 47:5 75:7,10
division 109:25
divorce 29:12,13
doctor's 14:11
doctor /patient
14:14
document 22:17
24:24 25:10,20
44:3 45:2 69:15,24
74:2182:11
120:16 122!7
124:9
documents 28:5,
16 80:21 97:23
119:6,9
door 77:8,11
douche 102:21
103:11
Doug 7:22
dozens 64:25
drag 29:17
dresses 98:5,7,8,18
Drive 6:2431:11
58:9,16 78:5
driver's 95:4
dropped 11:23
DUI 114:19,21
116:8 117:22
120:12 132:23
duly 6:15
Dump 124:25
Duran- bornstein
5:4
duties 146:16,21
duty 35:1,2
E
e -mail 9:16,18
138:4,5 145:12,13
e -mails 138:2
149:3,6,12,24
earlier 93:21
114:25
early 109:6
ears 22:25 29:2
easy 108:1,25
Ecker 72:5
Eduardo 111:25
educate 23:3
129:23
educated 24:13
educational 11:19
effect 97:20 145:12
egos 65:17 66:4
Elizabeth 81:12
82:21
Elmer 125:1
embarrassment
88:11
embroiled 108:19
emotionally
132:21
employ 105:8
employed 7:5,6,14
employee 8:1
135:9,18,19
employees 65:23
99:13 100:15
102:3 104:6
employing 62:6
employment
34:2167:3,9,15
75:18 148:25
149:10,13
empty 16:9
encompasses
86:11
encountered
146:15,20
end 56:17108:11
150:20
endeavor 14:7
ended 101:20
enemies 122:2
enemy 87:5121:6,
23
engage 67:22,24
engaged 57:15
engaging 64:21
67:20 68:3 127:7
English 55:17,19
enter 34:14
entered 27:17
33:13 39:23 46:17
71:8
entire 139:7
entities 7:8 8:20,22
9:13 31:16,19
32:3,5,25 63:11
65:1,18,2177:9
88:21 105:10
110:11 112:22
144:3,8,11 147:19
148:2
entitled 41:6 60:3
65:5 90:17 91:1,6
entitlement 40:18
entity 8:4,21,25
18:2120:20 31:14
32:8,1176:5,18
77:19 79:1 111:9
122:4 128:16
143:9 144:10
148:12
equity 36:1
equivalent 33:12
equivocating
86:15
erred 45:947:18
48:15 125:7
erroneous 44:11,
16
erroneously
43:13,14 48:18
84:10,12,13
error 45:6 81:5,8
83:25 85:17,18,19
escalate 100:13
esponte 35:139:18
Esq 68:19
Esquire 29:4
estate 77:20
et al 21:17 72:14
ethics 94:8 107:13,
18,22 117:10,19
evidence 60:5
88:18 90:23 91:16
exact 50:25 51:2
52:21 132:24
EXAMINATION
6:17
examined 6:15
exception 50:23
exchange 149:12
excuse 26:19 38:9
59:16 63:2164:11
89:8 128:9
exhibit 22:12,13
24:17 43:18,23
50:18 53:5 68:8,
16,2169:8 72:15,
16 73:6 75:3
81:17,18,20 82:418,
10 83:3,5,7 92:20
100:2,6 101:15
102:11 142:19,23
expanded 120:24
expecting 73:2
expects 137:17
expedited 33:22
expedition 34:23
64:22
explain 22:22
23:13 66:9 96:21,
23,24
extent 64:15 91:21
extra 111:21 112:2
148:20,21
extraneous 53:23
F
face 34:2435:13
faced 35:3
facetious 74:8
131:16
fact 20:1145:10
80:19,20 109:3
121:4
factor 35:2
facts 10:19,22 11:5
36:1139:5 40:4
60:20 85:19 88:12,
23 131:4,7 139:18
factually 71:9
failed 48:12,23
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
Index: Doug -file
fair 13:24 14:4,23
91:25 92:3
fairly 44:3
faith 35:15 51:25
falling 117:13
familiar 34:1
86:22 122:4
family 107:3
109:20
farting 102:20
farts 127:15
fast 146:10
faulty 30:12
favor 92:4110:3
favorite 125:11
February 59:11
121:12
federal 20:5,8,11,
16 35:23 40:6
71:1,3,6 72:7 73:8
75:6,10,13
feel 12:25 14:10
24:173:16 90:4,25
feeling 14:20
feelings 126:9,13
127:12
feels 90:3
fees 40:18 41:7
59:23 61:22 62:3
64:9 133:13
137:19 146:12
fell 25:7
fianc6 39:10
fide 40:15,16,17
41:5 59:22
fiery 35:13
right 97:4 108:19
figure 62:22
file 38:3 56:22
69:15 97:2 107:4,
12 109:14,16,19
117:10 120:19
123:6 140:24
143:16 146:7
filed 16:5 21:8
22:10,24 26:23
27:1,18 28:21
29:12 34:23 36:4
37:1,6 41:20 55:5,
9,20 56:164:25
65:14 80:9,13
88:6,10 89:2
101:22 107:18
108:17 109:10,12
117:19 119:7,8
120:16,22 123:21,
23 124:2 126:22
129:5 132:14
133:19 142:23
146:5,8 150:1,3,4
files 77:16
filing 34:20 55:7
56:4 78:3 81:13,
82:22 123:14
130:8 137:17
146:11,12
filming 10:1
financial 26:3
63:12, 75:19
find 27:21,22,23
28:5 35:2142:18
65:5 90:10 129:9,
10
finding 28:22
71:17 145:21
finds 25:2574:15
finish 12:2,413:25
14:2,7 38:13 48:2
84:22 85:5,11
148:6
finished 12:1
firm 6:120:11,16
35:24 36:140:16,
17,21,22 41:5,6,10,
2155:6,9,21,22
57:15,19,24 58:2,8
59:6,14,19,22,23
60:13,14 61:22
62:1,7,14,17,25
63:6,9,10,13,20
64:2,6,10,12,20
65:3,4,6,7,12
66:11,14,22 67:9,
16,20,22,24 68:3
70:24 75:6,17,19,
23 76:12,20 77:2,
11,14,2179:1,4,9,
12 88:6,14,15
133:23 134:14
135:10,15 137:11,
13,20 138:3,10,11,
22 139:3,7,8,16
140:3,17 141:4,9
144:14,17 145:11
149:8,9,18 150:5
Firm's 141:20
firms 150:2,3
fishing 34:22
64:21
fits 13:13
fleshing 88:23
flew 102:2 103:10
114:22 115:3
flex 7:3,4
floor 94:16
Florida 5:5,14
6:25 37:3 57:16,
20,25 58:3 69:10,
23 88:15 112:13,
14,17,23 113:11
136:6,8 145:5
flown 102:4103:3,
15,19 104:3,5,9,10,
106:19,21 112:23
113:6,11,16,23
127:1
flunked 55:16
flush 90:6
fly 103:14 105:23
106:11,12 112:9
115:5,12,14 116:10
125:5
flying 105:1,6,13
106:1,9 108:16
116:6 126:19
130:8
focusing 70:23
fodder 108:18
follow 36:1457:17
93:19
follow -up 89:12
forcefully 35:7
forever 21:10
forget 108:2 109:1
form 9:6 17:3
28:23 33:7 36:16
43:3,9 49:4 55:14
56:24 63:14 75:20
78:12 94:9 100:18
102:6,24 103:6,7
104:12 107:6
112:18 116:25
117:4,15 123:9
125:14 126:2
133:3 137:22
138:12 139:10,17
140:5,11,20 141:5,
23 142:10 149:19
150:6,7
formal 34:14
formed 58:259:11
65:1,21 122:10,20,
22 140:18 143:2,3,
22 148:12
forming 140:16
149:8
forward 60:11
90:13 128:3
forwarded 137:19
Foster 6:8
found 27:2428:1,
2,3 42:16 47:1,15
48:11
Foundation 65:18
128:17 136:12,
138:20 140:1,16
142:6,24,25 143:9,
21 144:1,4,19
145:4 146:17,22
147:15,18 148:25
149:17 150:4
fourth 82:10
147:21
Frank 106:4,10
fraud 142:2
fraudulent 141:22
Fredrick 37:2
free 76:1
freshman 55:18
Friday 100:9
friend 108:1,6,25
front 11:1831:10
40:2 72:3 82:12
140:17
fronted 149:17
fronting 149:9
Fudd 125:1
full 23:21,23
fully 85:23
fun 108:11
functions 102:20
fund 143:25
funded 65:2,19
144:7,8,10
funding 65:22
147:8,9
G
gain 120:23
Gandal 72:4
gave 87:20148:13
general 72:13
generally 39:7
82:14 122:3
generate 142:17
143:11 149:16
generic 56:7
gentleman 7:20
15:10 127:7,17
gentlemen 106:19,
22
girls 16:10
give 14:8,1516:20
20:25 26:22 92:13
108:1,24 142:15
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
Index: filed -Gulf
145:14 146:9
giving 23:10,13
53:17,19 61:5
73:18 76:1 85:15
145:22,23,25 146:4
glass 35:14,15
global 119:22,23
goal 71:10
God 129:24
good 14:1028:19
35:15 51:25 67:11
73:20 108:18
government
146:15,20
governments
128:18
grade 11:20,21,24
12:1,2,4,6,8,11,13
102:22
Graphicworks
5:16
grew 98:2,23
grievance 107:12
ground 94:16
grounds 96:20
group 138:17
139:25 147:2
grow 98:3
grudges 108:3,5
109:2
Guberman 72:5
guess 7:611:7,9
53:23 96:4 97:11
106:25 135:5
guessing 19:1
97:12
guidelines 36:2
Gulf 5:12 6:7 10:3
11:25 30:3,6 32:9,
2143:17 52:24
56:14,18,2160:19,
24 68:11,16,17
69:16, 81:23
guys 108:1,24
148:8
wi
hac 70:4,11,18
half 77:4,5,10
hall 9:22 10:1,2,3
51:8 52:16 79:19
80:24
handed 24:24 53:5
handing 74:21
122:7
handle 34:18
123:1
handles 78:3
handling 67:25
happened 29:19
30:17 36:14 43:2,4
44:20 46:9 98:4
108:13 126:24
133:4
happy 38:1293:3
harassing 24:1
31:2
harassment
108:17
head's 73:18
heading 69:5
hear 73:5 82:4
90:20 91:23
heard 41:13 82:6
129:17,22
hearing 33:22 35:7
39:17
hearings 37:1
heaven 144:9
held 5:1322:633:5
hell 42:3
helpful 15:3
120:23
henceforth 34:9
Hey 128:9
high 11:23 12:3
55:17
highlighted 29:16
hint 35:15
hire 100:20
116:13,17
hired 16:839:10
116:23 123:3
143:20
history 55:17,18
hit 27:22 122:25
Hmm 53:18
hold 37:11,2042:4
55:1171:24 72:23
84:20 85:189:4,7
90:14 92:19 103:6
128:4 142:9
147:22 148:5
home 16:8 94:16
95:12,14,18,21
96:1,3,18 128:12
142:17
homes 98:1
Honorable 37:2
hoping 72:21
hot 134:9
hotel 148:20
hotshot 54:18,21
hourly 66:25 67:4
hours 121:15
Huang 28:13
45:15
humorous 107:2
hundred 31:19
77:9 128:16 141:4
hundreds 65:1,15
hurricane 16:6
hurt 108:20126:13
I
Idea 31:1547:4
87:18 95:19 98:16
105:25 143:23
identification
22:14 43:24 68:9
72:17 100:3
142:20
identify 81:7
Ignorance 74:9
illegal 127:19
Immediately 37:7
39:17,22
impact 26:3
impairments
14:12
Impassioned
35:13
importance 41:11
Imposed 36:2
impressed 39:13
improper 71:10
85:15
Impugn 54:2155:3
inappropriate
74:2
incident 99:19
including 48:13,
24 65:22
inconvenience
26:6
Incorrect 60:7
85:25 86:3,5,7
indicating 57:14
indigent 146:11
Indirectly 8:2
111:19 112:16
113:4
individual 17:24
individually 15:5,
18 16:1 18:16,19,
22 63:7 72:13 73:9
112:22
individuals 94:7
102:5 116:23
Information 33:3
51:25 66:14 74:10
88:2 98:24 120:23
Initially 97:25
inquire 90:17
91:1,6,13
inquiry 92:12
insights 92:13
instances 127:18
instructed 51:14
150:2
instructing 23:11
46:18
instructions 85:15
insult 74:6
insulting 102:18
103:12
intend 41:7127:6
intent 26:155:2
127:6
interest 8:5,21,23,
25 76:19 110:12
111:10,12,18
122:15,16,21
interests 111:5
112:23
interpreting
34:11
interrupt 22:18
38:8
interstate 55:22
intimately 65:18
inundated 123:7,
II
inundating
123:16 124:5
investigate 41:23,
24 42:14
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
Index: guys —jerks
investigated
41:19
investigation
40:13
investigator 8:15,
17
invoices 79:7
Invoke 38:6
involve 24:4114:3,
5,18
involved 9:418:16
19:2,6,9 24:19
25:135:25 40:8
52:17 64:16 71:19
92:12 94:1,19,22
99:13,14 105:25
114:10,16 117:7
118:13 120:10
130:6 132:16
139:15 142:8
involving 93:24
Irish 107:25108:2,
10,24,25
Irrelevant 59:17
63:22 64:12
irrespective 26:5
Isen 15:1017:11,
23 93:24 101:16
106:4,10,23,24,25
Issue 41:8 88:14
103:24 107:5
issued 97:1
Issues 40:18,20
41:4,9
items 126:23
J
Janice 133:17
January 140:15
Jason 5:15
jerk 125:19126:1,
6,8 130:9
jerks 125:22,23,24
Jersey 15:9,25
16:20 17:1,2,10,20
87:7 93:23,24
94:1195:1 101:11
102:5 103:4 104:5
105:2,6 110:9,12
111:19
Joanne 6:8 92:10
job 129:23
Joel 136:18 140:15
John 21:15,2429:3
joke 35:4
Jonathan 5:25
40:24 68:3,19 69:9
112:7 140:14
Jones 6:8
journalist 107:25
judge 15:2022:11
25:22 26:9,11,13,
14,17,19,2127:??
29:6,8 33:5,12
35:23 36:4,25 37:2
38:25 39:11,13,15,
17,20 42:17 45:5,
17 47:5,12,14 49:1,
11 70:5,8,12,13,14,
15 71:1,3,6,7,12,
17,20,22 81:12,19,
2182:16,21 85:14
1322,5,10 133:1
judges 39:1072:23
July 57:20 68:18
69:23 83:17 87:25
jump 148:6
June 49:2,1352:24
53:182:24 88:4,
126:24 134:5,25
135:9,14
jurisdictions
127:9
!i
Kelly 28:13 36:9
45:15 52:4
Kevin 112:3
kind 29:1456:16
111:15
knew 106:8 116:21
knowing 54:20
knowledge 10:18
47:1184:14 85:22
112:5,6 116:18
139:12 145:2,8
147:19
L
lack 35:19
lady 28:12
language 34:16
48:14
Large 5:5
Larmartini 9:11
78:5 116:13,17,23
136:22,25 137:3
1382,9,16 139:14,
24 150:2
law 5:25 20:11,
23:16 34:11,24
35:11,40:16,17,21,
22 41:5,6,10,21
48:12,24 55:6,9,21,
22 56:23 57:14,16,
19,24 58:2,8 59:6,
14,19 60:13,14
61:22 62:1,7,14,17,
25 63:6,9,10,12,20
64:2,6,10,12,15,20
65:3,6,7,12 66:11,
13,2167:16 70:23,
24 75:6,17,19,23
76:12,20 77:2,11,
13,2179:1,4,9,12
86:22 88:6,15
90:10 131:4,7
133:23 134:14
135:10,15 137:11,
13,19 138:3,9,11,
22 139:3,6,7,8,16
140:2,17 141:4,9,
20 144:14,17
145:11 149:8,9,18
150:1,3,5
lawful 88:15 95:3
laws 146:15,20
lawsuit 22:24
87:20 129:18
142:23 146:5,7,9
lawsuits 17:1
18:15,19 53:21,23
65:15 94:5,8
101:22 107:4
108:16 122:25
123:6 129:5 138:6,
11 140:25 141:4
143:11,16,18 145:5
146:3 148:14
149:16 150:1
lawyer 11:1537:5,
10,2140:7 41:25
42:1,2 45:11,12,18,
23 46:8 54:18,21
56:14 62:17 63:13
70:19 71:4 80:7
146:6
lawyers 28:15,18,
19 40:7,12,19 42:6,
25 44:13,20 45:12
71:23 73:10 80:14
139:8
lay 127:14
layman 35:19
lead 60:4 91:15
learn 46:9
learned 43:1,7
44:14,21
lease 59:14 76:5,
11,18
leases 63:11
leave 45:4 108:12
left 57:13
legal 5:16 38:20
40:12 42:179:5,8
88:1196:6 130:22,
23 132:2 146:16,21
lender 19:1921:9
length 40:3
lens 52:15
letter 89:12
letters 110:1
letting 22:25 33:19
level 107:2223
liability 19:19 21:9
liars 51:13
license 95:4
licensed 65:7
lied 70:8,13,14,15,
2171:1
life 108:21
light 35:2
likelihood 74:8
likening 27:16
limited 58:22,25
liquor 16:9
listen 48:5 54:3
listening 29:7
listens 74:11
lists 139:7
literally 35:4
54:17
litigate 129:12
litigated 20:7
litigating 126:1
litigation 19:3
22:2,23 24:13,18,
25 25:11,16 26:2
29:17 56:8,9 71:10
74:17 93:22,25
94:14,19,22 99:2,5,
8,9 100:13 101:21
103:16 105:15,17
106:2 109:4,6,7,11
110:9 126:16
127:9,21 130:6,14,
15,20 131:9 133:7
140:17
LLC 121:11 122:5,
17,22
LLCS 31:25
loaned 64:10,
147:11 148:4,10
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
Index: Jersey -made
loans 147:10,13,
16,17,25 148:2
locate 45:18
located 47:5,12
58:15
locks 77:8
logical 93:2
long 21:9,1335:25
59:3 94:18,22 97:8
99:5 135:21 136:8,
25
longer 12:2317:12
Longport 15:9
16:20,23 17:7
93:22,23,25 94:11,
13,19,20,23,25
95:7,13 96:6,7
97:10,14,24 99:20
100:7 101:21
102:4 103:3,16
104:7,11,19 105:2,
6,14,17 106:1
107:4,5,13,20
109:4,11,12
Longport's 100:9
looked 77:19,23
82:1184:5
Lord 130:2
lost 73:15 75:9,13
107:22 110:6
lot 24:1145:4
74:12
love 129:13,14
lunch 92:25 93:4
luncheon 93:14
lying 70:19 71:3,5
T
Maas 81:13,19,21
82:17,21
made 38:19 39:15
44:4 45:6 47:16
48:17 51:21,24
57:17 71:9 74:8
79:17,80:25 81:4,
8 82:12 83:14,24
84:6,10,12 85:17,
19 87:23 101:11,25
115:21 120:10
121:11 138:10
141:21 147:17
148:2
Magistrate 68:17
maintain 65:7
make 12:25 23:8,9
33:19 52:24 53:9
73:184:13 85:18
91:24 95:3 103:7,
13 123:4 131:2,6,
15,17 136:21
147:10,13,16 148:7
makes 51:11
making 26:437:18
38:2 48:22 50:24,
25 51:155:2 66:4
70:20 78:6,17 84:9
85:5,12 88:21
94:15 102:10
121:5 142:11,13
maligning 102:3,
5,8
malpractice
73:11,13
man 7:25
manifests 26:4
manner 26:2
March 33:23
60:22,23 61:19,20
121:12
Marcus 72:5
mark 43:18 72:15
100:6 101:15
142:22
marked 22:13
43:23 68:8 72:16
77:6 100:2 142:19
marking 22:11
43:18 68:15
martin 5:116:14,
2121:14,23 68:20
69:25 72:6,12
107:19
Marty 27:9, 56:11
85:2 100:8
materials 11:24
13:5 32:9
matter 5:1135:9,
89:24 92:17
matters 59:19
130:8 131:21
maximize 26:6
maximum 26:3
mayor 6:829:24
45:6 130:15
Mcauliffe 114:13,
15 116:7,11,15
118:16,18 124:25
125:6,8 130:9
Mcauliffe's
116:18
Mcclosky 34:10
35:9
Mcculky 114:12
means 26:12,15
75:21
media 104:23
105:2 107:9
mediation 90:19
meet 89:1 116:7
140:15 144:16
meeting 43:17
44:8,19 49:8,12
50:15 53:2,4 54:5,
6,8,9,15 55:8 79:18
83:8 85:2187:25
88:9,24 89:10,20,
23 90:16 91:3,5,7
126:24 134:4,6
meetings 137:14
139:6
member 101:18
131:3 135:15
136:6,8
members 107:3
memo 56:22
memoranda
89:22
memorandum
25:22 138:6
memorialized
76:8
memorializes
67:13
memorize 61:14
98:15
memorized 61:4
memory 31:12
mental 14:12
mention 84:2
mentioned 77:10
80:15 93:21
meritless 35:3
merits 22:2026:6
59:17 127:3
messages 104:10
met 88:4
mic 25:4,7 27:5
Michelle 115:25
mid 96:4
middle 85:2
Middlebrooks
15:20 70:5,12
Midland 19:16
20:2,16,20 21:6,21
25:18,2172:9,13
Mikey 125:8
mind 27:7135:8
mine 51:18108:1,
25
minutes 45:3 93:1
misrepresented
47:15 80:6,12
82:18
misrepresenting
131:4,7
Misstating 76:14
Mister 143:24
Index: Magistrate -not- for - profits
misunderstandin
g 35:5 117:16
MO 127:6
modifications
94:15
moment 27:19
money 9:1264:10,
12 75:23 128:20
143:25 144:3,22
147:11 148:13
moneys 79:4
month 85:21 118:1
121:22 123:24
137:17 138:7
141:4
months 15:816:18
34:19
Moreno 37:2
39:15
Morgan 6:829:24
53:20 87:13
125:17 130:14
morning 87:17,19
motion 6:522:20
26:23,24,25 27:18
35:3 36:4 38:3
39:6 40:8 41:20
55:5,8,2159:18
80:12 88:5,10,13
89:2 126:11,21,22
127:8 129:19
134:14
motions 34:13,23
39:12 53:24
mountain 35:14,
15
mouth 84:18
movant's 34:8
35:7,10
movants 34:23
35:5
move 13:5 27:7
30:16 31:3 49:14
50:13
moved 39:10 99:9,
24 100:12,15,22
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
moving 23:16
MRSMITH 6:5
27:1128:25 40:23
56:24 59:16 60:1
63:2164:3,11,21
73:5 74:2
multi 127:9
multiple 22:3 33:6
43:2173:2
municipality
124:6
mysteries 127:25
W
named 15:10
19:20,22,25 20:18,
19 28:13
names 111:24
National 21:17
nature 16:719:18
necessarily
102:16
needed 115:8
148:18
needing 98:23
negotiate 67:15
negotiated 67:17
148:24 149:13
negotiation 92:6
neighbors 107:3
Newport 6:24
31:1158:8,16 78:4
newspaper
121:16,17 123:19
Nick 5:20
noncompliance
50:16 51:22
normal 10:15
nose 52:14
not - for - profits
136:11
Notary 5:5
notch 115:8
120:20,25 121:3
notes 12:21
147:14,24
notice 7:1938:25
notices 94:14
November 25:23
number 123:19
0
O'boyle 5:11,12,
25 6:14,21,22 10:9
13:2,24 14:4,9
16:23 17:6 20:9
21:15,24 23:11,
24:17 27:15,18
29:2 30:8,24 31:6,
17 34:1,4 36:8,15
38:21, 40:24 41:5,
19 47:21,23 48:4
49:11,15 50:14
55:6 57:13,14,19,
24 582,7 59:6,14,
18 60:13,14,19
61:22 62:1,7,14,16,
25 63:6,9,12,20
64:1,6,9,10,12,20
65:9,12,16 66:8,11,
2167:9,16 68:12,
18,19,20 69:9,25
70:24 71:14 72:7,
12 73:9,12 74:15,
24 75:3,17 76:12,
19 77:2,11,13,21
79:1,4,8,12,24
82:4,8,10,13 86:8
88:6,22 91:4 92:24
93:18,23 98:11,20
100:7,8,11 103:9,
22 108:19,23,25
121:20 128:7
130:1,5 133:23
134:14,20 135:10,
15 137:11,13,19
138:3,9,11,22
139:3,6,7,8,15
140:2,14,17 141:4,
9,20 142:23
144:14,17 145:11
148:10 149:8
150:5
O'boyle's 24:7
25:25 26:4 56:11
64:16
O'conner 6:8 88:5
O'connor 56:5
70:8,13 71:1,5
79:18 89:1 114:13
134:4
O'bare 46:17,21
object 28:23 55:14
65:24 78:12
102:24 112:18
125:14 126:2
137:22 138:12
139:10,17 140:11,
20 141:5,11 142:10
objected 44:10
objection 9:617:3
23:9 30:2133:7
36:16 37:8,19
38:20 43:3,9 44:22
49:4 54:23 63:14
75:20 76:14 78:20,
2190:7 94:9
100:18 101:13
102:6,23 103:6,7
104:12 107:6
116:25 117:4,15
119:16 123:9
125:15 130:21,22
133:3 134:22
139:1,11 140:4,5,6
141:10,12,23,24,25
146:23 149:19,20,
21 150:6,7
objections 23:8
38:2,12,131:17
148:7
objective 35:22
obligating 41:16
observer 35:22
obtain 38:2441:6
96:3
obtained 124:9
occasion 113:22
occasions 22:3
33:6
occupied 32:25
occupies 58:8
occupy 31:16,25
58:12
occupying 65:2
77:25
occurred 44:15
occurring 140:10
offer 143:15
office 7:130:2,5
31:7,8,9,11 114:17
115:7,21,24 116:18
118:9,14 119:7
124:3
officer 136:13
offices 32:2458:17
118:21 123:8,16
144:14
official 124:6
officials 100:10
Olsen 26:17,19,21
29:6,8 33:12 36:25
39:1,17,20 42:17
Olsen's 27:23
ongoing 104:16,20
open 146:15,20
opening 41:12
73:20,22 74:1
openings 66:4
74:6
operate 78:4
opine 90:22
opinion 11:5
36:13,17,19,22,23
47:16,19 48:9
49:1,7,12 72:10
74:3 80:14
opinions 10:20
11:3 97:19
opposing 29:12,13
39:9
OPRA 17:13,15
93:24
oral 35:13
order 15:3 26:8
34:14 37:6 39:23
42:17 91:24
140:17
ordered 148:20
orders 34:1639:21
organizing 117:7
overwhelming
34:24
owe 59:23 79:4
owned 59:3 95:9,
15,16 96:18 110:7,
8
owner 58:2159:1,
15 76:12,25 77:24
78:18
ownership 76:19
111:18 113:3
122:21
owns 76:5 77:20
P
P.A. 72:5
p.m. 23:24 33:23
34:3,8 93:12,14,15
126:25 128:11,
131:14 150:19
P9011(b) 35:17
paid 64:6,65:9
75:23 77:24 78:7
137:9
pain 132:22
painfully 35:6
Palm 5:14 45:19
46:2,5,6 82:20
113:7 114:1 115:5
121:24
paralegal 137:5
Pardon 25:6 31:22
44:25 80:3 109:15
120:3 146:2
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
Index: Notary- person
part 40:16 53:13,
16 64:17 101:21
116:4 127:19
partner 21:736:1
72:13
partnership 21:16
58:22,25 59:3
parts 145:21
party 6:4,516:1
17:9 29:12 35:10,
24
pass 12:6
past 8:249:23
17:10 34:19 95:21
113:7
patient 127:21
pattern 73:12
pay 75:24140:23
143:15,24 144:20
paying 76:3 77:14,
20 129:21 146:12
pays 78:18
pending 16:15,25
21:9,1133:15
37:25 38:140:6
118:4,22 119:4
128:15 134:17,20
pennies 144:9
people 11:2528:9,
1153:10 54:1,2,3,4
65:3 86:19 87:5
105:7 106:3
116:17 125:12,22,
23
perception 35:20
Perfect 93:11
perform 7:8
performed 9:25
period 15:1039:11
71:25 95:24
123:16 145:17
permitted 127:11
person 36:10
personal 10:18
108:15,21 145:8
148:16
personally 10:19
22:3 24:19 25:1
26:10 27:24 28:1,
22 66:15 71:18
75:6 96:11,13
106:9 110:11
118:6 119:13,18,
19,21,24
personnel 65:22
pertain 114:6
pertains 59:18
Peter 106:4,10
Peterson 5:15
petition 68:16
phone 27:10,11,13
92:10 93:6
phrase 85:8
physical 14:11
physicist 100:21
picked 100:8
122:20
picture 13:3 27:6
pilot 112:7
Pilots 111:23
pilots' 111:24
place 89:15 144:14
plaintiff 5:21,23
16:3,4 17:6,16
18:20 19:5,12,14,
20,22 20:18,19
25:11,16 73:10
96:12,14 132:18
plaintiffs 21:23
plaintiffs 5:19
19:25
plaintiffs' 21:20
plane 111:9,10,12,
14,15 124:13
planes 103:3104:9
110:7,8,12 111:18,
22 112:4,9,14,17,
23
planning 60:6
101:17,18
plans 97:25
play 54:12
Plaza 19:16 20:2,
16 25:18,2172:9,
14
pleadings 60:6
plenty 16:9
podium 83:23
point 14:2131:2
33:19 41:4 59:7
74:17,19 96:2,18
111:16 127:3
129:15 142:18
145:19
pointing 11:14
68:13
politicos 121:1
Partly 72:4
portion 45:548:7
79:22 110:21
111:1
portions 50:20
51:23
position 27:18
90:3 91:2,5 136:14
positions 26:5
possibly 122:25
posted 100:8
practice 11:14
64:15 70:23
practices 141:20
prayer 62:3
preaches 53:20
preaching 132:4
precedence 48:13,
25
precedent 35:14
preceding 34:20
precludes 23:16
premise 7:2
premises 59:15
Prepare 143:18
prepared 68:19
69:24 83:8 89:22
presume 10:15
pretty 14:18
previously 10:25
135:20
primary 95:17,20,
23
prior 75:579:19
private 59:19
100:20
privilege 56:9
103:24 110:14,16
privileged 37:22
pro 70:4,11,18
proceed 12:20
92:1,6,7
proceeding 15:17,
18 34:10 36:5,6
40:15 69:22
proceeds 24:14
process 12:22
87:19 119:15
produce 137:17
138:6 141:3
profession 88:11
professional 5:4
116:24
profit 7:15141:8
prolong 12:22
promissory
147:14,24
prompted 97:2
property 95:10,11
100:16,22 145:14,
16
propounded 97:5,
7,14
Index: personal -questions
propounding
97:9
prosecuted
114:21 120:12
prosecution
114:18 117:25
118:9,22,24 119:14
prosecutor
120:20,124:25
prosecutor's
115:7
prosecutors
124:14,16,20,21
protect 16:8
protected 16:9
protest 116:14,18,
21,24
protests 117:8
prove 100:21
127:17,18
provide 138:10
provided 9:1
29:24 42:20
provisions 29:15
public 5:517:14,
15 22:23 50:17,21
51:17,53:2161:6
97:5,7,9,13 100:7,9
101:22, 109:24
118:1,8,11,13,17,
20 119:12 120:10
121:5,11,21 123:4,
6,14,17,23 124:5,6,
10 131:6 137:18
140:25 143:10
145:6 148:14
149:9
publicly 130:20
131:8
pull 112:4
pulled 112:11
punish 71:11
purporting 87:22
purpose 26:1,3
54:16 71:10
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
134:13 140:16
purposes 30:3
134:7,15 149:8
pursuing 26:1
53:23
put 25:4 27:1134:6
38:15 44:10 52:14
116:2 144:3
148:21
putting 30:3 74:16
84:18
putz 102:21125:9,
11,18 130:15
A
quasi 109:12
question 7:1711:8
13:22 18:18 24:20,
22 25:8 30:16
32:12,16 33:9,15
37:25 38:14,18
41:14,16,17 42:9,
1147:3,9,25 48:2,
4,49:6,10,14,16
50:5,12,13 53:15
65:1166:2 70:10,
22 72:24 73:1
74:18 78:2 80:16
82:13,15 84:24,25
85:4,8, 86:9 98:10,
11,13,19 99:16
103:9 104:1 105:4
110:14,16,18
112:20 113:2
114:7 120:518
123:12 128:8
129:17,22 130:23
131:14 135:1,8
137:23,25 140:7
150:9,15
questioned 105:1
questioning 11:16
13:6,19 73:14
questions 12:17
13:15 23:12 24:2,
10 34:2 37:13,23,
25 45:7 60:10
79:14 86:17 92:9
120:8 142:12,16
quick 150:13
quickly 89:22
quiet 142:7
quit 108:21 145:10
quote 71:8 108:23,
24 121:6,22 122:24
quoted 80:12
82:19
quoting 108:7
R
raised 129:18
ran 115:8,11
Randall 79:19
Randolph 88:5
89:1 134:4
Randy 133:17,23
rape 53:13,16
raped 53:12
read 12:15,16
21:25 29:15 36:13,
17 40:2,5 44:11
47:16,19,22,24
48:1,3,7,9,14,25
49:1,6,11,23 50:8,
10 80:9 98:19,21
99:15 110:19,21
111:1 119:25
120:6,7 124:19
146:18
reading 45:248:5
53:3, 69:4 74:21
81:20 120:7
121:16 123:19
real 77:20
realize 12:20 39:8
53:11 108:19
realized 85:20
reason 14:8,15
35:18 132:3
reasonable 124:7
recall 14:16 15:1
18:8 25:15 26:8
39:3,12 50:2,17,24,
25 51:155:20
59:10 66:23 67:19,
20,25 68:169:14
71:12 75:5,9,12
82:13 83:18,20,
85:22 88:3 97:23
105:22 106:16,21
108:3 113:24
120:15 123:2
124:14,16,20,22,24
132:19 133:11
receive 78:7
received 7:12 9:3
51:25 64:1,7
65:10,1166:10,13
78:19 79:1,8 95:13
receiving 9:12
recent 15:7100:10
recess 57:9 93:14
150:19
recite 44:4
recollection
24:18,21,25 25:10
50:1173:4 83:3,5,
9
record 5:8,1823:9
27:10 34:4 38:16,
20 39:16 40:23,25
44:10 46:20 48:7
51:17 57:8,11
58:2166:5 89:8
92:15 93:13,16
110:21 111:1
131:13 150:18
record -type
101:22
records 17:14,15
22:24 30:4,7
50:17,22 53:21
61:6,9 97:5,7,9,13
109:24 118:2,8,11,
13,17,20 119:12
120:11 121:5,11,21
123:4,6,14,17,23
124:6,10 137:18
140:25 143:11
145:6 148:14
149:9
recusal 35:3 37:7
42:17
recuse 26:25 34:9
35:1,8,23 36:4,25
40:8
recused 35:739:18
recusing 39:23
redact 50:22 51:9,
15 52:3
redacted 50:20
51:3,7,23 52:5,19
redacting 51:20
52:17
redactions 51:12
refer 146:14,20
reference 26:9
97:18
referenced 104:6
referring 26:20
45:13 46:165:20
121:23
reflect 46:20
reform 150:15
reformulate
150:12
refresh 24:18,25
25:10 50:1183:3,8
refreshed 83:5
refreshes 24:21
refusal 36:25
refusing 49:18
116:7
regard 13:18,19
24:6 41:4,8,10,20
62:24 63:18 66:11
67:4,16 68:3
79:11,16 88:5 89:1
123:7
registered 95:4
registration 95:25
rejects 34:12
relate 40:21
126:23 129:3
related 70:22
98:24 107:13
137:8,9
relates 28:21
relationship 21:5
64:24 65:6 70:24
122:18 135:17
relevance 22:19
23:6
relevancy 131:21
relevant 24:9 60:8
131:14,18,20 132:1
relied 51:20
rely 83:11
remark 33:4
remarks 74:8
remember 15:6,
12,13 16:21 18:12,
14 20:5 21:1,
28:14 30:10,14
32:13 36:10 50:19
52:8,2161:17
72:21,22 84:4
96:22 98:11
105:21 106:5,7,24
112:2 114:8,10
119:24 121:25
124:11 132:24
134:10
remembering
70:7
removed 99:20
100:25 101:8
removing 99:14
remunerated 7:11
remuneration
7:13
rendered 65:13
66:12
rent 76:1,3 77:13,
20 78:7,18,25
rented 115:10
renting 77:3
repeat 10:1747:3
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
Index: quick - research
repeatedly 26:4
71:18,24 72:23
repeating 67:10
rephrase 13:23
17:5 45:25 55:13,
16,19 99:17 103:14
120:8
replied 121:5,8
reported 107:9
116:22
reporter 5:427:5
48:8 98:22 108:10
110:22 111:2
119:25 121:20
122:24 123:3
reports 77:16
119:22
represent 56:14
66:24 69:9
representation
79:12
representative
15:5,19 18:17,20,
23
represented 33:21
40:17 60:14 61:25
63:7
representing
5:16,24 63:169:16
represents 35:10,
24
request 17:14 61:6
97:5 106:11,12
117:2 120:17,22
136:12 140:25
requested 61:9
requests 97:10,14
101:25 109:24
118:2,8,13,20
119:7,8,13 120:11,
19 121:5,12,22
123:4,7,15,17,24
124:6,10 137:18
143:11 149:9
require 149:15
research 28:5,16
35:1136:7 40:12
42:1,2 90:10
145:20
residence 95:17,
20,23
residency 95:3
resident 94:25
952,7
residents 104:6,11
resigned 145:10
resolve 88:13
respect 56:17
62:19,20 68:4,6,11
respond 74:7
response 70:12
responsibility
78:6
responsible 78:11,
17
restroom 57:5
result 132:13
resulted 34:17
retain 35:2 69:9
retainer 75:24
retract 83:13
84:2187:22
retracted 80:24
83:20,22
retracting 84:3,19
86:14
retraction 84:16
86:6,11
reveal 45:22
revealing 42:9
review 40:3,5
74:25
revolve 88:13
Ring 5:25 6:2 55:8
78:10,15 79:18
88:4,25 89:6
134:3,6,16,24
135:9,14,17,18
143:5 149:25
150:3
Robert 6:629:4
Rogers 72:4
room 13:246:21
71:5
Ross 72:5
rotten 127:14
Roden 34:10 35:9
rule 35:20 90:22
ruled 34:12 110:3
ruling 38:25
rulings 34:21
run 65:3
running 16:10
65:22,25 140:1
rush 129:6
S
salaries 137:9
salary 145:1
sales 77:16,20,24
78:3,7,18
sanction 71:23,24
sanctionable
35:17
sanctioned 22:3
33:5 127:10 133:6,
7,9
sanctioning 71:18
126:17
sanctions 22:20
27:17 33:13 35:18
38:4 59:18 126:21,
22
Sandy 16:6
Sara 114:19
save 98:17
Scatological
102:19
scheme 13:13
141:8
school 11:23 12:2,
3 55:17
seconds 82:5
secretaries 28:17
seek 41:661:21
seeking 97:24
119:6,9,10 120:16
send 30:2
sending 32:20
sense 56:7
separate 77:6
separately 77:5
September 5:9
109:7
sequentially
88:16
served 87:16
119:13 136:11
server 87:19
services 7:8,10 9:1
65:13 66:11,16
79:5
serving 134:24
set 88:13 144:6
148:14
settle 16:13 134:9
146:10
settlement 89:13,
16,19,21,24 90:5,8,
16,2191:3,5,17,20,
22 92:5 131:22
134:7,8
seven -year 71:25
shakedown
128:17
show 22:10,17
43:16 68:2169:1
72:10 82:9 88:16,
17 100:6, 127:7
142:22
showing 81:24,25
shows 25:21
Shulman 72:4,14
side 77:11
sign 27:7124:17
signed 72:3
significant 41:11
signs 60:24 61:1,20
99:10,14,21,24
100:7,8,10,15,21,
24 101:7 124:13
126:19,25 127:4
silence 142:15
similar 33:451:2
101:10
simply 35:12
single 129:17,22
sir 6:20 11:11,19
15:4 20:24 39:19,
23 40:9 48:5,20
50:18 53:6 56:5
68:22 72:15 76:17,
22 81:17
sit 18:11,13 25:15
38:1179:24 86:16
119:9,10
sits 53:20
sitting 35:23 73:24
Sixth 72:1173:8
Skip's 90:4
slander 81:13,
82:22 87:8 108:18
sleep 74:16
slow 138:25
small 108:22
127:19
smelly 127:14
Smile 125:8
Smith 5:2460:7
73:16,19 74:14,20
133:16,21,25
137:22 138:12
139:10,17 140:5,
11,20 141:5,10,13,
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
Index: residence- spouse
24 142:10 149:21
solved 127:25
son 40:13 56:10,13,
2157:15 68:2,12,
14 69:9 70:4,11,18
112:7 128:17
140:14 149:7
son's 41:2155:9,
2170:23 88:14
149:18
sort 42:9 61:3 90:7
98:1,8,9
sought 110:1
sources 85:19
South 113:11
Southern 37:3
space 58:8 77:2,6,
14,25 144:17
spade 126:7
speak 39:21
speaking 23:8
37:18 38:11,
131:17
speakings 38:2
Special 68:16
specific 81:7
specifically 83:18
84:2
speculate 11:7
speculating 76:9
speeches 142:11,
13
spell 112:1
spend 109:3
121:15
spite 99:24 100:12
spoke 46:2
spoken 130:16
spot 101:19
spouse 29:13
35:25 36:1
spouse's 35:24
Stacy 7:22,23,24
9:12,16
stage 116:14,17,24
stake 108:22
stand 72:2103:23
standard 23:5
60:10 132:3
start 23:1188:22
89:17 97:9
started 12:8
129:16 145:21
state 5:56:2020:4,
8 40:23 50:16
51:22 57:16,19
78:6 118:2,14,16,
17 121:23 122:1
123:7 124:10
137:18 140:24
142:8 143:10,16
145:5,21 148:14
stated 25:25 29:16
39:7 43:12,13,
47:14 71:8 117:17
122:3
statement 27:16
38:15 41:13 47:17
48:15,16,17,19,20,
22 50:24,25 51:1,2,
21,24 57:17 65:12
70:20 72:25 74:1
80:17 81:4,8,10
83:24 84:2,19
85:6, 102:12,18,19
statements 26:18
27:23 39:16 42:5
44:4 52:24 55:3
65:10,25 79:17,21,
25 80:24 82:11
83:13,20,25 84:9
87:23 88:19
102:10 131:3,6
States 19:17 25:19,
2172:11
stations 54:13
status 39:16
statute 50:16
51:22
staying 46:22
steal 145:16
step 13:5
Stott 133:18,23
Stotts 132:14
133:17
stole 60:24 145:15
stood 83:23
stop 23:19
stopped 102:22
storm 100:10
story 129:8
strategy 26:1,4
71:19
Stream 5:12 6:7
10:3 11:25 30:3,6
32:9,2143:18
52:24 56:15,18,21
60:19,24 68:12,16,
17 69:16,81:23
Street 5:14
strike 17:5 42:20
48:25 54:8,16 55:7
57:18 118:12
134:2 143:24
149:10
striking 79:22
strongly 34:16
stuff 23:25 72:22
style 16:21,22
72:12
styling 25:17
so 35:139:18
subject 34:24
35:1199:23
116:20
submit 118:7,13,
17
submitted 118:1,
21 119:19
substance 89:9
sue 87:196:9,10
sued 18:22 20:11,
16 61:18 72:4,7
73:10 75:6 86:19,
24 87:10,20 142:6
suffering 132:22
sufficient 34:22
suggesting 36:21
49:18
suit 87:8 96:20
97:2,8 132:14
suite 5:14
summer 70:6,11
Supreme 48:13,24
110:6
surprising 34:25
Susie 98:5
Sweet 121:10
122:5,17
Sweetapple 5:19
62,6,11,19 9:8
17:4 22:15 23:3,
15,2124:4,16,23
25:9 27:6,14 29:1,
4,16 30:23 31:5
32:20,23 33:10,16,
2136:18 37:9,14,
18,24 38:6,8,15,19,
23 39:4 41:2,15,18
42:13,24 43:5,11,
22 44:2,14,24 45:9,
24 46:10,20,24
47:10,15 48:3,10
49:5,21 50:1 51:9
55:1,12,15,24
56:19 57:1,6,12
59:20 60:3,9,12
62:20,23 63:4,17,
23 64:4,14,23 65:8
66:1,6 68:5,10,24
69:1,4,7 72:20,25
73:7,18,2174:5,15,
20 75:1,22 76:16
78:14,24 79:23
80:18 81:5 82:17
83:25 84:21,23
85:4,7,13,24 86:2
89:5,18 90:9,19
91:8,10,13 92:1,8,
16,19 93:3,7,11,17
94:10 99:1 100:4,
Index: spouse's- thoughtful
19 101:5,14 102:9,
15 103:1,8 104:2,
14 105:16 107:8
110:19 111:4
112:21 114:14
117:1,6,18 119:17
121:9,19 123:13,22
125:16 126:5,11,15
127:4,23 128:3,5,7,
13,20,24 129:1,20,
23 130:4 131:1,15,
19,25 132:6,9,12
133:5,17,22 134:1,
23 135:3,13 137:24
138:15 139:2,13,22
140:8,13,22 141:7,
15 142:4,21 147:1
148:9 149:23
150:10,14,16
Sweetapple's 13:4
50:16 81:13,82:22
99:16
sworn 6:15
T
T206 111:20
taking 23:626:5
86:7 92:14
talk 32:24 34:7
89:9 102:20
126:10,14,25 127:2
130:10
talking 26:23,25
29:6,1145:10
48:16,19,20 62:18
63:15 101:3 127:5
Tallahassee 45:19
tape 84:5
tax 77:16,20,24
78:3,7,18
Taylor 5:20 78:21
102:23 125:14
130:22 140:4
141:11,25 149:20
150:6
televised 54:6,7
television 54:13
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
telling 84:14
130:9,13 142:7
Temple 29:3,18
ten 10:13,1423:25
110:13 111:17
113:20 126:19
135:23
tenant 59:6,9
tenants 31:21,23
77:25 78:3,8,19
Tennessee 19:3,7,
10,13 20:7 24:19
25:1,12,16,25 26:9
27:17 28:22 33:5,
14 71:8,13 72:8
126:19 128:23
term 103:12
terms 62:13 67:3,
6,8 75:17 148:24
149:10,13
test 132:23
testified 6:16
15:14,17,20 16:21,
22 18:1,8 26:13,20
33:1172:2
testify 14:17,19
17:18 18:3 42:5
testifying 15:16
18:12
testimony 14:16
26:17,19 47:16
76:15,17 80:6,12
82:18 91:24
testy 80:21
text 9:16,20
things 8:19,22
11:13,15 29:9
102:21 142:7
thinking 19:14,15
thought 11:23
21:20 53:10,13
87:3 92:18 98:12,
13 115:7 120:23
125:5
thoughtful 35:22
thousand 97:16
Thrasher 6:10,11
52:14
threaten 127:15
threw 133:1
thug 124:14,16,19,
21
tie 127:24
Tim 112:3
time 5:9,1710:6
12:18 17:126:13,
14 38:3 39:1150:7
51:8 57:7,10
69:11,20 81:4
82:10 83:24 85:18
90:23 93:12,15
95:24 98:17
104:15,19 105:14
106:1 110:9
111:16,17 113:10,
15 114:22 121:2
122:22 134:10,17,
20 136:13 140:18
145:17,22 147:21,
23 150:17
times 10:11 18:12
30:22 31:3 78:23
82:3,5 115:12
116:10 135:2
title 96:3
titled 29:3
today 13:7,16
14:9,16 24:11
38:20 61:10 74:19
79:25 129:17
132:11 142:18
today's 148:19
token 14:6
told 10:15,25 17:11
18:13 21:19,20
36:9 37:15 47:18
49:3,22 51:19
52:2,16,19 84:4
88:1 148:18
tolerate 38:17
tonight 23:24
128:11,14
topic 32:18,19,20
33:1 120:15
total 97:13
totally 59:17
totals 119:22
touched 82:9
town 5:12 6:7 10:3
11:25 30:3,4,6
32:9,2143:17 45:4
46:247:1 51:8,19
52:1,2,10,16,23
53:8,10,11,12,14
55:2156:20 60:24
61:18 69:16 81:14,
23 82:24 83:8,13
94:14,20 96:6
97:1,5,10,20 99:5,
9,12,20 102:3
103:17 104:6,15
town's 51:15,16
83:10
Trafford 33:20
trailed 56:16
trailer 13:3
transactions
63:12
transcript 43:16
44:3 82:19 84:5
transcription
83:7
transcriptions
83:10
travel 148:13
Treasure 121:24
treat 89:11
treated 89:21
91:20
trial 16:11 18:5,6,9
90:11
trip 39:25
true 61:24121:17
truth 6:18
truthfully 14:17,
18 139:23
Twenty -
something 59:5
type 7:198:8 111:9
U
uh -huh 20:2221:3
53:7 101:9 113:14
uh -uh 21:3
Umm 98:12
unable 14:8,16
unauthorized
70:23
underlying 39:5
understand 8:1
10:20,21 11:17
13:21,23 14:1,3
27:15 30:19 33:8
45:3 76:17 90:2,24
103:13 108:15
114:7 150:8
understanding
124:18 144:2
understood 11:4,
10,1121:3
unethical 117:21
ungrounded 71:9
Union 21:17 25:20
United 72:11
unlawful 64:15
unplead 60:1
unreliable 83:10
untruth 138:14
USC 34:11
V
vacation 95:18,21
valid 25:13
vandalism 108:17
vendor 66:14
verbally 9:16,17
versus 5:1216:23
17:7 19:16 21:17
25:18,2129:3
33:20 60:19 68:12,
18 72:14 93:23
107:1,19
vice 70:5,11,18
victims 141:20,21
video 5:8 44:7
132:22
videotape 8:8 13:4
videotapes 54:11,
12
violation 94:15
violations 95:13
97:2 100:14 145:6
146:14,20
Volume 150:20
voluntary 101:19
volunteer 8:11
vote 95:5 124:25
voter's 95:25
W
wait 10:413:21,25
14:2,6 92:10,11
waiting 33:17 51:9
waive 90:7
walk 86:17
walked 13:2
wanted 33:18
88:25
warranted 35:18
Watch 27:5
ways 91:11
wears 98:5
week 30:10,15,17
31:7 52:14 55:7
weeks 12:14
well - established
48:12,24
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
Index: thousand- Wortley
well- informed
35:21
West 5:14 6:24
31:1158:8,16 78:4
whoa 20:15
widely 116:22
wife 19:22 95:16
96:3,132:14,16
133:24
William 5:25
win 87:8
windfall 141:8
withdraw 84:23,
25 85:11 131:12
withdrawing
85:4,8
Witmer 133:22
149:7
witnesses 41:9
worded 34:16
words 47:19 50:10
52:2153:12 70:17
84:18 125:11
127:5 146:4
work 9:440:12
42:179:8 137:2,
139:3
worked 8:18,20
101:16 136:2,4,25
137:11 138:9
workers 99:24
100:11
working 7:15
8:14,16 139:25
works 8:1228:13
100:9 138:16,19,22
world 40:156:10,
1163:16 148:19
worry 88:23
worse 26:18
worth 74:3
Wortley 33:21
36:5
write 12:15,16,21
84:8 147:22
writer 108:10,14
121:6,8,9
writing 11:13
12:18 67:12 141:3
written 10:23 26:9
34:14 62:9,11
63:5,10 76:11,18
79:1180:8
wrong 12:10 36:22
143:14
wrote 11:5
Y
yard 100:9
year 12:4 15:20
33:24 55:18 69:10
127:1 133:7 134:5
140:24 143:16
144:20
years 15:11 17:10,
12,21 18:23,24,25
21:12 23:25 29:17
34:6 59:5 78:1
95:18,22 99:3
110:13 112:17,24
113:8,12,13,17,19,
20 114:25 115:4
120:21 126:20
127:24 135:23,25
137:4,7 139:24
142:12
young 22:1128:12
71:7
Z
zoning 97:1
100:14 101:18
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
Index: write— zoning