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HomeMy Public PortalAboutMorgan Deposition Transcript 3/26/14In the Matter Of: MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM 502014CA001572XXXXMB SCOTT MORGAN March 26, 2014 800.211.DEPO (3376) (�)ESQUIRE EsquireSolutions.com S O L U T I O N S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM March 26, 2014 1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 502014CA001572XXXXMB MARTIN E. O'BOYLE, Plaintiff, -vs- TOWN OF GULF STREAM, Defendant. DEPOSITION OF SCOTT MORGAN TAKEN ON BEHALF OF THE PLAINTIFF Wednesday, March 26, 2014 10:05 - 11:46 a.m. 100 Sea Road Gulf Stream, Florida 33483 Reported By: Kathleen Lusz, RPR Notary Public, State of Florida Job #112005 C,)ESQUIR,E 800.211.DEPO (3376) EsquireSolutions. com SCOTT MORGAN March 26, 2014 MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM 2 1 APPEARANCES: 2 On behalf of the Plaintiff: 3 MARRETT W. HANNA, Esquire THE O'BOYLE LAW FIRM, P.C. 4 1266 W. Newport Center Drive Deerfield Beach, Florida 33442 5 Telephone: (954)834 -2201 6 On behalf of the Defendant: 7 JOANNE M. O'CONNOR, Esquire JONES, FOSTER, JOHNSTON & STUBBS 8 505 South Flagler Drive Suite 1100 9 West Palm Beach, Florida 33401 Telephone: (561)650 -0400 10 11 On behalf of the 12 ROBERT A. S1 SWEETAPPLE, 13 20 S.E. 3rd Boca Raton, 14 Telephone: 15 16 I ALSO PRESENT: Deponent: QEETAPPLE, Esquire BROEKER & VARKAS, P.L. Street Florida 33432 (561)392 -1230 17 JONATHAN O'BOYLE, Law Clerk WILLIAM H. THRASHER, Town Manager 18 CHRISTOPHER O'HARE MARTIN O'BOYLE, (11:08 until 11:46 a.m.) 19 20 21 22 23 24 25 ESQUIRE 800.211.DEPO (3376) 9 0 1 U* 1 4 X 9 Esquire Solutions.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SCOTT MORGAN March 26, 2014 MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SCOTT MORGAN March 26, 2014 MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM 4 DEPOSITION OF SCOTT MORGAN MARCH 26, 2014 (Oath administered.) MR. MORGAN: I do. Thereupon, SCOTT MORGAN, having been first duly sworn, was examined and testified as follows: DIRECT EXAMINATION BY MS. HANNA: Q. All right. Mr. Morgan, you're an attorney I understand so I don't really need to go through the -- MR. SWEETAPPLE: I'd prefer if you don't mind putting on the record any instructions you want the witness to follow. MS. HANNA: Okay. Fine. Sure. Mr. Sweetapple, before I get started, are you insurance counsel on this case, or what's your position here? MR. SWEETAPPLE: I'm here representing the witness. MS. HANNA: Oh, okay. Can I have your card when you get a chance? MR. SWEETAPPLE: Sure. O ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM March 26, 2014 5 1 BY MS. HANNA: 2 Q. Okay. I'm sure you've been through this a 3 million times, but I'm going to ask you questions. From 4 time to time your attorneys may interpose objections. 5 And I might stop and think about my question, rephrase 6 my question, or I might not. I might just continue on. 7 But you're aware if there is an objection, you 8 know, you still do answer the question unless your 9 attorney imposes a different type of objection, which 10 I'm sure you're well aware of, attorney - client privilege 11 information. 12 THE WITNESS: I'm sorry. Mr. O'Hare, you're 13 not a party to this case? 14 MR. SWEETAPPLE: He can sit here. 15 THE WITNESS: He can sit here? 16 MR. SWEETAPPLE: Yeah. It's an open 17 proceeding. 18 THE WITNESS: Oh, okay. Sorry. Where I am 19 from, it is not. Only parties are permitted and 20 counsel of record only. 21 MS. HANNA: Okay. 22 THE WITNESS: So my mistake. 23 MR. SWEETAPPLE: Where is that? 24 THE WITNESS: Pennsylvania. 25 MS. HANNA: Pennsylvania. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com SCOTT MORGAN March 26, 2014 MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM 6 1 MR. SWEETAPPLE: Okay. No. 2 THE WITNESS: As Mr. O'Boyle would know, in 3 Pennsylvania that's how it's done. 4 MR. SWEETAPPLE: Okay. Well, we're in a 5 public building, and unless there's a prior 6 protective order granted by the Court, anyone in 7 the world can sit in here just like you're in 8 trial. 9 THE WITNESS: Okay. 10 MR. SWEETAPPLE: Florida is a little more 11 liberal than Pennsylvania. 12 THE WITNESS: Yeah, interesting. Okay. All 13 right. Well, sorry. 14 MS. HANNA: Okay. Now I lost my place. 15 MR. SWEETAPPLE: You were explaining to the 16 witness that he's to answer questions except when 17 instructed by counsel. Typically based on 18 lawyer- client privilege, but that's not the only 19 reason under Florida law but -- 20 MS. HANNA: Typical. I used the word typical, 21 maybe I didn't. 22 BY MS. HANNA: 23 Q. Regardless, if you don't understand a question 24 that I've asked you, please feel free to ask me to 25 explain myself. I'm disheveled, and I may be confused, ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM March 26, 2014 7 1 and I'd appreciate it if you could ask me to clear up 2 any confusion. 3 You know that you should answer your questions 4 verbally so that the court reporter -- you're close to 5 her, so she understands. You don't nod or any other 6 gestures that can't be taken down on the record. 7 And if you need to take a bathroom break, 8 please just tell me, and we'll stop. 9 A. Got it. 10 Q. Or if you need another break for any other 11 reason, I have no problem. Just let me know. Okay? 12 A. That's fine. 13 Q. All right. Let's start from the beginning. 14 Can you tell me where were you born? 15 A. I was a born in Harrisburg, Pennsylvania. 16 Q. Okay. And can you give me a little bit more 17 about your background? Take me through your life up to 18 this point. 19 MR. SWEETAPPLE: Object to the form. 20 MS. O'CONNOR: Join. 21 BY MS. HANNA: 22 Q. Or do you want me to ask you? 23 A. What do you mean? 24 Q. Where did you go to school? 25 A. I went to Susquehanna Township High School. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM March 26, 2014 8 1 And then I went to Pennsylvania State University, and 2 then Dickinson School of Law. 3 Q. And what did you do after you graduated from 4 law school? 5 A. Then I practiced law in Philadelphia, then in 6 the Harrisburg, Pennsylvania. 7 Q. What kind of law did you practice? 8 A. General litigation. 9 Q. When did you come to Florida? 10 A. I came to Florida in the early 190s. 11 Q. Do you mind if I ask why? 12 A. How in the world would that be relevant to 13 this proceeding? 14 Q. Are you making an objection? 15 A. I'm asking. 16 Q. I'm getting your background. And credibility 17 is always an issue. I'm just -- Background information 18 is always relevant. 19 A. I like Florida. 20 Q. That's all you had to say. 21 Do you have any professional licenses? 22 A. I was a licensed lawyer. I have an inactive 23 license at this time. 24 Q. Oh, so was. How long ago did that happen? 25 A. It's been inactive, I can't recall exactly, ESQUIRE 800.211.DEPO (3376) S 0 t U T 1 0 N, EsquireSolutions.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM March 26, 2014 9 but probably within five years. Q. Okay. How long have you been in Florida? A. We came in the early 190s to Florida. Q. Did you move directly to Gulf Stream? A. No. Moved to Boca Raton for a couple of years, and then moved to Gulf Stream. Q. And your residence now where you live, was that the first place you moved to in Gulf Stream or was -- A. No. We've moved a couple times. Q. Okay. But you've stayed within the -- A. Yes. Q. -- Gulf Stream boundaries? Are you retired from the practice of law then I take it? A. I wouldn't use the word retired. I have another business. Q. What's that business? A. It's called Humidifirst. We manufacture commercial humidifier systems. And I am the president of that company. Q. And where is that located? A. In Boynton Beach. Q. Let's see. Do you have any building experience? O ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM March 26, 2014 10 1 A. What do you mean? 2 Q. Construction. Are you experienced with 3 development construction that would enable you to 4 interpret a code, a building code, that kind of thing? 5 A. I guess that depends. 6 Q. Depends on what? 7 A. Your definition of ability to interpret. 8 Q. Have you ever built a house? 9 A. I haven't laid the brick, but I've had a house 10 built. 11 Q. So you had a general contractor? 12 A. Yes. 13 Q. Okay. Do you know why we're here today? 14 A. You're taking my deposition. 15 Q. For -- 16 A. The lawsuit. 17 Q. -- the public records lawsuit? 18 A. Yes. 19 Q. Are you familiar with Florida's Public Records 041 1Mf T:Ia; 21 A. Vaguely. 22 Q. Have you ever read the statute? 23 A. No. 24 Q. Okay. When did you first find out about the 25 request that was made which is the subject matter of ESQUIRE 800.211.DEPO (3376) S o , . . o . , EsquireSolutions.com SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM 1 1 this litigation? March 26, 2014 11 2 A. I haven't seen the complaint in this matter. 3 Q. I would happily provide -- 4 A. But it is a complaint relative to a public 5 records request. 6 Q. Correct. 7 A. So I'm aware of that. And I first became 8 aware of that lawsuit when the Jones, Foster law firm 9 contacted me about this deposition. 10 Q. Okay. But my question was more specifically 11 directed to the actual request itself prior to the 12 initiation of litigation. 13 A. Oh, I had -- Would you repeat the question? 14 Q. When did you become aware of the public 15 records request that was made regarding your 16 communications with respect to your position on the 17 Architectural Review and Planning Board? 18 A. That's the subject of this case? 19 Q. Yes. 20 A. When I received a call from Jones, Foster. 21 Q. So you never saw -- Or Mr. Thrasher never 22 called you and asked you about any public records you 23 might have on your computers or -- 24 A. No. 25 MS. HANNA: Would you mark that? 4) ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM March 26, 2014 12 1 (Plaintiff's Exhibit Number 1 was marked for 2 identification.) 3 MS. HANNA: I apologize, I only have one copy. 4 MR. SWEETAPPLE: Okay. 5 MS. HANNA: It's attached as an exhibit to the 6 complaint. 7 MS. O'CONNOR: Okay. 8 MR. SWEETAPPLE: Just for the record, it's -- 9 What number is the complaint, the exhibit number of 10 the complaint as well? 11 MS. HANNA: I believe it's Exhibit B. 12 MR. SWEETAPPLE: Exhibit B. Okay. 13 BY MS. HANNA: 14 Q. Could you just take a look at that document 15 for me. Read it over, and let me now when you are 16 finished. 17 A. Okay. 18 Q. Has that refreshed your recollection at all 19 with respect to the request? 20 A. Your question was whether Mr. Thrasher called 21 me to ask me about a records request that you've just 22 marked as Exhibit 1. 23 Q. Or anybody from the Town of Gulf Stream. 24 Did anyone call you and ask you to produce 25 1 these records? ESQUIRE 800.211.DEP0 (3376) S 0 L U_ 1 0 N s EsquireSolutions.com SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM March 26, 2014 13 1 A. I received a call from someone at the Town of 2 Gulf Stream. I don't recall who it was. I'm not sure 3 when it was, but it was this year, saying that there had 4 been more requests by -- and I don't recall if it was 5 Mr. O'Boyle or Mr. O'Hare, but there were requests and 6 also involving me, and did I know of any letters or 7 documents I may have submitted to the Town in the last 8 year or so. 9 I was not told specifically about a request 10 for records of Scott Morgan of the ARPB. That 11 conversation was pretty much as I just described. 12 Q. While we're on the topic, you mentioned ARPB, 13 could you -- 14 A. It's the Architectural Review and Planning 15 Board. 16 Q. And when did you become a member of that 17 board? 18 A. I don't recall. 19 Q. It's been -- 20 A. It's been five years or six years, something 21 like that. 22 Q. Okay. And what does the Architectural Review 23 board -- Review and Planning Board do? 24 A. We review applications to the board regarding 25 1 development permits, construction, whether it's whole ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM March 26, 2014 14 1 house or just renovations. It could be plan 2 renovations, code modifications, anything assigned by 3 the commission for the ARPB to review, and then report 4 back to the commission as an advisory panel. 5 Q. How many applications do you think that you 6 have in a year? Can you give me a figure, just a 7 general guess? 8 MR. SWEETAPPLE: One of the instructions that 9 she should have given you was not to speculate or 10 guess. 11 So if you have a general idea, you can 12 certainly testify to that, but don't guess or 13 speculate. 14 THE WITNESS: We meet monthly generally except 15 August. And it varies considerably as to how many 16 applications. It may be one. It could be four. 17 So depending on the amount of construction 18 activity and the economy, it does vary 19 considerably. 20 BY MS. HANNA: 21 Q. And how does that -- What happens? You 22 receive the packet, and what happens after that? 23 A. Well, we receive a packet which is a good way 24 of describing it, and it includes the applications that 25 are to be heard by the board. We generally get them a ESQUIRE 800.211.DEPO (3376) 0 1 O T 1 0 X 9 EsquireSolutions.com SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM March 26, 2014 15 1 week or so before the meeting. And then witnesses are 2 brought in to present the application information on. 3 It may be some plans, could be architectural drawings. 4 It really depends on what the applicant is trying to 5 accomplish. And then we hear that evidence, if you want 6 to call it evidence, it's really not a judicial body. 7 And then we determine whether it should be approved or 8 not. 9 Q. I just want to be clear. So the Architectural 10 Review and Planning Board has witnesses in front of it, 11 or is it -- I'm sorry. Note -- 12 A. People are sworn in. They generally stand up 13 at the podium and give I guess you would call it 14 testimony. It is transcribed I believe or at least is 15 taped. I'm not quite sure. 16 Q. So just so I understand the function of this 17 board, if I wanted to build a home in Gulf Stream and 18 I'm going to exceed the lot lines, I would come to you 19 first? 20 MR. SWEETAPPLE: Note my objection to the form 21 to the extent it calls for a legal conclusion. 22 I suggest you read the Snyder opinion 23 regarding quasi- judicial proceedings and land use 24 applications in the State of Florida. It governs 25 all of the proceedings. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM March 26, 2014 16 1 But you can give your lay opinion if you have 2 one. 3 THE WITNESS: My understanding of it is that 4 if you had an application, and that application is 5 pretty general - I think that's what you're getting 6 at - you would bring it to the Town, generally meet 7 with the town manager who would go over it, let you 8 know if there is any changes that really should be 9 made or some things that definitely won't comply 10 with the code. 11 Then it is brought to the ARPB. We make a 12 decision, and refer it on to the commission with 13 our recommendation. Our decision is not binding. 14 I believe that's the process. 15 BY MS. HANNA: 16 Q. Okay. Thank you. Is there -- Are there 17 qualifications or anything that Gulf Stream requests 18 that you have before you sit on the ARPB? 19 A. I don't believe so. 20 Q. Well, once you got there and are on the 21 board -- 22 What's your position on the board? 23 A. I'm not on the board anymore. 24 Q. Prior to -- At the time this request was made. 25 It was January 1, 2012. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM March 26, 2014 17 1 1 A. Yeah. I was chairman of the ARPB at that 2 1 time. 3 Q. You were chairman. 4 All right. You receive a packet you explained 5 to me. How do you get the packet? 6 A. You can come pick it up, or it typically will 7 be dropped off at our house. 8 Q. Who drops it off? 9 A. Sometimes a police officer will bring it. 10 Other times I assume of member of staff. I don't know. 11 I just come home from work, and it's there. 12 Q. I'm sorry to skip around. I just want to -- 13 So you work full -time? 14 A. Yes. 15 Q. Okay. 16 MR. SWEETAPPLE: Except today. 17 MS. HANNA: Lucky me. 18 MR. SWEETAPPLE: It looks like you're going to 19 go well beyond the normal background. Is this 20 case -- And I'm just a casual observer. But it 21 looks like it's more about your client lost an 22 election than about a public records request, 23 because this is totally unnecessary for purposes of 24 establishing anything you want to prove in a public 25 records request lawsuit. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM March 26, 2014 18 1 Normally questions are calculated to lead to 2 discovery of admissible evidence. I hope certainly 3 you're going to at some point leave background. 4 You might want to ask him what he had for 5 breakfast. Maybe when you're done asking what he 6 had for breakfast, we can get to the subject matter 7 of your lawsuit. 8 MS. HANNA: Thank you for the speech. That 9 was nice. 10 MR. SWEETAPPLE: Yeah. Unless you're just 11 doing this for harassment. 12 MS. HANNA: Have you ever read Lorei v. Smith, 13 the Second DCA case? 14 MR. SWEETAPPLE: Yeah, I'm familiar. I've 15 been board certified as a civil trial lawyer and a 16 business lawyer here for decades. 17 MS. HANNA: And you've read that case -- 18 MR. SWEETAPPLE: Yeah, uh -huh. 19 MS. HANNA: -- as it pertains to public 20 records? 21 MR. SWEETAPPLE: Yes. And what I'm suggesting 22 to you is why he moved to Florida and these other 23 questions you're asking him, are really just not 24 calculated to lead to -- 25 MS. HANNA: Are you making an objection? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM March 26, 2014 19 1 MR. SWEETAPPLE: I am. And I'm laying a 2 predicate for the fact that at some point I suspect 3 that I'm going to have to move to suspend this 4 deposition, because you are starting to just harass 5 the witness. And what you're doing is you have the 6 Plaintiff's son here, the Plaintiff just lost an 7 election. 8 MS. HANNA: I'm sorry. Can we stop for a 9 second? 10 MR. SWEETAPPLE: No, we can't. 11 MS. HANNA: I would like to go off the record. 12 MR. SWEETAPPLE: I don't want to go off the 13 record. 14 MS. HANNA: Okay. Fine. 15 MR. SWEETAPPLE: You have the Plaintiff's son 16 here as your law clerk. The Plaintiff just lost an 17 election. 18 You indicated in the beginning you're 19 disheveled and disorganized. You're required to be 20 prepared. And you're required as an officer of the 21 court to use this proceeding pursuant to your oath 22 not to harass people for any improper purpose. 23 We're here. This gentleman has taken off from 24 work. And you have some issues that you want to 25 prove or take discovery regarding concerning a very ESQUIRE 800.211.DEPO (3376) S 0 L U_ 1 0 N s EsquireSolutions.com SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM March 26, 2014 20 1 discrete, limited case. 2 And I would appreciate it if you would conduct 3 yourself as a professional and stick to questions 4 that are calculated to lead to discovery of 5 admissible evidence. 6 Are we done with your background examination, 7 or are you going to harass him with regard to 8 things that have nothing to do with your purpose 9 here today? 10 MS. HANNA: Are you done? 11 MR. SWEETAPPLE: I just posed a question to 12 you. 13 MS. HANNA: Can I continue? 14 MR. SWEETAPPLE: Can you please answer my 15 question? 16 MS. HANNA: I'm not in a deposition. I'm 17 taking a deposition. 18 MR. SWEETAPPLE: Okay. Well, I forewarned 19 you, so let's watch what you do here. 20 MS. HANNA: Thank you. That was a lovely 21 speech, and I appreciate it. 22 As you're aware the issue here is whether 23 records were produced, when they were produced and 24 the existence of other records. And I suggest that 25 you read Lorei v Smith. It's a Second DCA case ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM March 26, 2014 21 1 that speaks directly to the point when records are 2 not produced and there's an allegation that the 3 government is playing fast and loose, discovery is 4 much broader and not limited to a strict public 5 records typical deposition. 6 MR. SWEETAPPLE: I understand that, but you 7 haven't asked anything to do with any production of 8 any records here yet. 9 So please proceed to do that. You've been 10 under the guise of background wasting our time. So 11 please get to your point. 12 MS. HANNA: I appreciate that, but I believe 13 that the ARPB information is relevant. 14 MR. SWEETAPPLE: I believe you're here to 15 harass this witness. So keep asking questions. 16 Let's go. Let's see if I'm correct or your 17 correct. Because I have a feeling we're going to 18 have other proceedings very soon. 19 MS. HANNA: So are we going to call the judge 20 or -- 21 MR. SWEETAPPLE: No, no. I think we're going 22 to end up with other proceedings very soon. So you 23 continue, because I'm watching very carefully. 24 MS. HANNA: I would ask that you keep your 25 objections to a minimum so we don't have this whole ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com 1 2 3 7 8 9 10 it 12 13 10 15 16 17 Im 19 20 21 22 23 24 25 SCOTT MORGAN March 26, 2014 MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM 22 Emancipation Proclamation on the record. It does cost five dollars a page. MR. SWEETAPPLE: Your client has filed dozens of requests and lawsuits. Okay? And I'm going to make my statements and objections on the record. I'm objecting that your questions are not calculated to lead to discovery of admissible evidence and that you are harassing the witness and that this deposition is a pattern of harassment that your client has been pursuing for his own psychological purpose and issues. So please, I'll say it one more time, let's get to the questions that you as a responsible member of the Bar and professional should be asking in this type of a deposition. Now please proceed. MS. HANNA: I'm sorry. Could you read the last question back to me? (The requested portion of the record was read by the reporter.) BY MS. HANNA: Q. Are you aware that those packets are public records? MR. SWEETAPPLE: Note my objection to the extent it calls for a legal conclusion. O SQUIRLi 800.211.DEPO (3376) Esquire Solutions. com SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM March 26, 2014 23 1 Go ahead and answer. 2 THE WITNESS: I guess they would be. 3 BY MS. HANNA: 4 Q. Okay. Mr. Morgan, do you have a computer? 5 A. Sure. 6 Q. Do you have more than one computer? 7 A. Sure. 8 Q. Do you use those computers for business? 9 A. Yes. 10 MR. SWEETAPPLE: Object to the form. 11 BY MS. HANNA: 12 Q. Do you use the computers for Town business? 13 A. No. I wouldn't say I use my computers for 14 Town business. I'm a member of the ARPB. 15 Q. How do you communicate with the Town when an 16 issue arises from the -- 17 A. What kind of an issue? 18 Q. A variance request with the ARPB. 19 A. As I said, typically what happens we get a 20 packet of material from the Town. We don't -- We don't 21 know what's in it. We don't know the issues that are 22 before the Town until we receive the packet, read the 23 packet, see what the applications are. They usually are 24 not variances. They're usually much simpler than that. 25 1 And then we go to the hearing. ESQUIRE 800.211.DEPO (3376) S 0 L U r 1 0 N$ EsquireSolutions.com SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM March 26, 2014 24 1 Q. Do you communicate -- 2 A. We don't -- No. I don't call the Town and 3 say, you know, I see we have an application for Joe 4 Smith, I'd like to get some more information on that. 5 No. At least I've not done that. 6 Q. Okay. Yesterday I received an e -mail from 7 Ms. O'Connor forwarding me a document that I believe was 8 an e -mail from you to Mr. Thrasher. 9 MS. HANNA: Mark that. 10 (Plaintiff's Exhibit Number 2 was marked for 11 identification.) 12 MR. SWEETAPPLE: Thank you. 13 MS. HANNA: I did bring copies of that. 14 MR. SWEETAPPLE: You marked this as Two? 15 MS. HANNA: Yes. 16 BY MR. SWEETAPPLE: 17 Q. Could you just take a second and read that 18 e -mail? 19 A. Yes. 20 Q. Is this e -mail an e -mail that you used for 21 official business with the Town, related to the Town? 22 A. This particular e -mail was -- You use the word 23 used for official business. I don't know that that's a 24 correct way of designating it. It's just an e -mail 25 1 address. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM March 26, 2014 25 1 Q. As in this e -mail, the Exhibit 2, do you -- 2 Strike that. I'm sorry. 3 Do you have a specific e-mail address that you 4 use to communicate with members of the Town with respect 5 to your duties with the ARPB? 6 A. No. 7 Q. Do you have more than one e-mail address that 8 you use to communicate with the Town? 9 A. I don't regularly communicate with the Town 10 for official business. So I'm not quite sure what 11 you're asking. 12 Q. I guess I'm not being clear. 13 A. I sent this e-mail with that e -mail address. 14 Q. And what was the date this e -mail was sent? 15 A. October 18th of 2013. 16 Q. Okay. The second paragraph of the e -mail 17 addresses a request that was made. And you state that 18 the request is vague. So you were unable in good faith 19 to respond to it? 20 A. That's correct. 21 Q. What did you use to make that determination? 22 MR. SWEETAPPLE: Note my objection to the 23 form. Do you have the underlying -- 24 MS. O'CONNOR: Join. 25 MR. SWEETAPPLE: -- the underlying ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM March 26, 2014 26 1 communication that he's referring to? 2 MS. HANNA: Is there an underlying 3 communication that he's referring to? 4 MR. SWEETAPPLE: Well, yeah. He says the 5 highlight in request number five of the e -mail 6 makes no sense. 7 So do you have that? 8 MS. HANNA: Unfortunately, I don't, which is 9 one of the issues in this lawsuit. 10 MR. SWEETAPPLE: Okay. 11 MS. O'CONNOR: This is referencing an e -mail 12 that your client sent making a public records 13 request. So I would suspect that you have it. 14 MS. HANNA: The time frame is October 18, 15 2013. Mr. O'Boyle made a request for -- 16 MS. O'CONNOR: It's not the request we're 17 talking about here. 18 MR. SWEETAPPLE: You don't have his e -mail? 19 You don't have Mr. O'Boyle's e -mail? 20 MS. HANNA: No, I do not. I have 21 Mr. O'Boyle's public records request, which 22 includes any communication sent or received by 23 Scott Morgan of the Architectural Review and 24 Planning Board at the Town of Gulf Stream for the 25 period beginning January 1, 2012 through the date ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM March 26, 2014 27 of this request, which is 1/24/14. MR. SWEETAPPLE: That request itself as a matter of law is vague. It doesn't even indicate who to or from. MS. O'CONNOR: And just for the record, this e -mail -- MR. SWEETAPPLE: Is that what you're referring to? MS. O'CONNOR: -- was produced to you in an abundance of caution to the extent it might fall within the ambit of the public records request that's at issue in this lawsuit. Exhibit 2 references another public records request made by your client back in October of 2013 so... MS. HANNA: We've received 1422 pages after this litigation was initiated. All of those documents were responsive to Mr. O'Boyle's request, including packets from the ARPB. MR. SWEETAPPLE: Are you saying you don't have an e -mail from your client in or about October of 2013? MS. HANNA: This is not my client who made the request. MR. SWEETAPPLE: Okay. Mr. J. O'Boyle. You r)ESQUIRE 800.211.DEPO (3376) EsquireSol utions. com SCOTT MORGAN March 26, 2014 MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM 28 1 don't have an e -mail from Mr. J. O'Boyle from on or 2 about October 18th as referred to -- 3 MS. HANNA: Yes, I do. I do. 4 MR. SWEETAPPLE: Okay. So you stand corrected 5 because Mr. J. O'Boyle is showing it to you. 6 Do you have a copy of it here for the purposes 7 of the deposition so that this exhibit can be 8 complete? 9 I'm objecting to this exhibit because it's not 10 complete. It make a reference to a document in a 11 string that I would like to see and have made part 12 of the record if we could. 13 Do you only have it on your computer screen, 14 or do you have a hard copy of it? 15 MS. HANNA: Could we just go off the record 16 for a second, please. 17 MR. SWEETAPPLE: No. We're not going off the 18 record with you. We're going to have an official 19 record about your public records request about your 20 client's home improvement. So we're never going to 21 go off the record. 22 MS. HANNA: Mr. Sweetapple, you're bringing 23 up -- I mean you're throwing around election. 24 We're not talking about election. We're not 25 talking about my client's home improvement. ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM March 26, 2014 29 1 I'm trying to get to some issues here. I have 2 some genuine questions. You dispute the 3 genuineness of my questions. 4 MR. SWEETAPPLE: No, I don't. 5 MS. HANNA: However, your job here is not to 6 dispute my questions. It's just to sit and listen 7 and object to form. No speaking objections. 8 MR. SWEETAPPLE: You have a -- 9 MS. HANNA: But you have decided that you're 10 going to interpose voluminous statements on the 11 record. 12 MR. SWEETAPPLE: I can object for a number of 13 grounds besides just form. Your understanding of 14 the law is entirely unsophisticated. 15 I am now objecting because this exhibit is 16 incomplete. And I'll ask you for the third time 17 very respectfully, other than the fact that 18 Mr. Jonathan O'Boyle just showed you a computer 19 screen and corrected your earlier position and 20 there is a communication from Mr. Jonathan O'Boyle 21 in October of 2013 which your Exhibit 2 apparently 22 is part of and relates to, I will ask you one last 23 time do you have a copy of it so the witness can 24 see it so he can have a complete exhibit? Or do 25 you need -- ESQUIRE 800.211.DEPO (33 76) Esquire Sol utions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM March 26, 2014 30 MS. HANNA: I'm sure that I do. MR. SWEETAPPLE: May I please make it part of the record? Because you're asking him about that communication. And he would like to see it. MS. HANNA: I am not asking him about that communication. MR. SWEETAPPLE: Yes. Because you asked him what -- He referred to a document as being vague. That's the document. Do you have it here today? MS. HANNA: Can you read my question back for me? MR. SWEETAPPLE: You'll see in your questions you asked him about what was vague. MS. HANNA: I believe I asked him what his understanding of vagueness was. MR. SWEETAPPLE: Well, that would be a silly question to ask. MS. HANNA: Would it? MR. SWEETAPPLE: Because that would be a legal conclusion as to what's vague. A judge will make that decision. And after you've had that read back, please answer my question I've asked three times. Do you have the rest of this exhibit or not? C)ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM March 26, 2014 31 1 MS. HANNA: To make Mr. Sweetapple happy, 2 we'll take it out for the time being, and we'll 3 move on. 4 MR. SWEETAPPLE: I'm happy to have you give me 5 the complete exhibit. That's not Two. We'll leave 6 that marked as Two, but we'll move on. 7 MS. HANNA: Thank you. 8 MR. SWEETAPPLE: The next exhibit will be 9 Three. 10 MS. HANNA: Thank you. Thank you for that, 11 Mr. Sweetapple. 12 BY MS. HANNA: 13 Q. Going back to January 1, 2012 when the public 14 records request was made that's at issue in this case -- 15 MS. O'CONNOR: Objection. The public records 16 request was made in January of 2014. The request 17 was made in January 2014. It concerns documents -- 18 MS. HANNA: Oh, I'm sorry. You're right. You 19 are right. 20 MS. O'CONNOR: I just want to clarify for the 21 record. 22 MS. HANNA: Okay. Thank you. 23 Where is the request? 24 MS. O'CONNOR: With Exhibit 1. 25 ESQUIRE 800.211.DEPO (3376) 1� I EsquireSolutions.com SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM MfeVANS61,UfAR It:� March 26, 2014 32 2 Q. Mr. Morgan, I'm asking you to take a look at 3 that again. 4 A. Yes. 5 Q. At the time that request was made, did you 6 have any documents that would be responsive to the 7 request? 8 MR. SWEETAPPLE: Object to the form. 9 THE WITNESS: I'm sorry. At the time this 10 request was made, January 24th of 2014, but not 11 made to me. 12 BY MS. HANNA: 13 Q. To the Town. 14 A. Did I have any public records responsive to 15 this? 16 Q. Did you have any documents or a -mails or 17 letters that you communicated with the Town regarding 18 Town business? 19 MR. SWEETAPPLE: Object to the form. 20 THE WITNESS: Not to my knowledge. 21 MS. HANNA: What's your basis? 22 MR. SWEETAPPLE: Pardon? 23 MS. HANNA: What's your basis? 24 MR. SWEETAPPLE: My basis is that anything 25 that he had in his possession that you're asking ESQUIRoE 800.211.DEPO (3376) Esquire Solutions. com SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM March 26, 2014 33 1 about would not be a public record. It would be 2 his personal record. It would be a public record 3 only if it were held by the city or town or 4 municipality or government entity. 5 So your whole area of inquiry is based on a 6 predicate that has no legal basis. Anything in his 7 computer is not a public record because he sent it 8 to a government agency. 9 That's the basis for my objection. Please 10 proceed. 11 MS. HANNA: I'm going to take a break. 12 Jon, can you come outside with me? 13 MR. JONATHAN O'BOYLE: Sure. 14 (A recess was had from 10:41 until 10:54 a.m.) 15 BY MS. HANNA: 16 Q. Mr. Morgan, have you ever -- I know you have. 17 I'm just going to give you Exhibit C to the complaint. 18 I'll give it to your lawyer first. 19 MR. SWEETAPPLE: Thank you. 20 MS. HANNA: I think it's got an extra page on 21 it. 22 MR. SWEETAPPLE: Not part of the exhibit? 23 MS. HANNA: No. 24 MR. SWEETAPPLE: Okay. Here you go. 25 Are you going to mark this as Three? ESQUIRE 800.211.DEPO (3376) , I I EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM March 26, 2014 34 MS. HANNA: No. Let's mark this as Two. We'll come back to -- MR. SWEETAPPLE: Well, we already have a Two marked even though you're not -- MS. HANNA: It's just a sticker. We can take it off. MR. SWEETAPPLE: Okay. Well, then the record won't know what we were talking about. I prefer to leave Two. We talked about Two being incomplete. MS. HANNA: All right. MR. SWEETAPPLE: So I want a complete record. So if you don't mind, we'll mark this as Three. MS. O'CONNOR: And just for the record, it's not an exact copy. It's just a part of Exhibit C to the complaint. MR. SWEETAPPLE: So Exhibit C to the complaint is -- MS. O'CONNOR: Yes. You don't have the cover letter, the February 3, 2014 cover letter. Here it attaches. MR. SWEETAPPLE: I've got an attachment here. MS. O'CONNOR: And there was more than just this document. There's five pages attached. MS. HANNA: For Exhibit C? MS. O'CONNOR: Yes. I have your complaint ESQUIRE 800.211.DEPO (33 76) EsquireSol utions. com SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM 1 1 right here if you'd like to look at it. March 26, 2014 35 2 MS. HANNA: Yeah. May I see that? 3 MS. O'CONNOR: Uh -huh. 4 MR. SWEETAPPLE: So this is incomplete also 5 you're saying? 6 MS. O'CONNOR: Correct. 7 MR. SWEETAPPLE: We could just say it's part 8 of Exhibit C of the complaint. At least we'd have 9 the whole exhibit to look at. 10 MS. HANNA: Okay. 11 MS. O'CONNOR: Do you need to make a copy of 12 that? 13 MS. HANNA: I have this right here. It's just 14 a little confusing because there is an extra sheet 15 attached to this. So I did not believe that it was 16 part of the exhibit. 17 Do you want to take a look at this? Is that 18 more complete for you? 19 MR. SWEETAPPLE: Okay. 20 MS. O'CONNOR: It's missing pages three out of 21 eight and seven out of eight. 22 MS. HANNA: One, two, three, four, five. 23 How many pages do you have in your hand? 24 MS. O'CONNOR: Five. 25 MS. HANNA: This exhibit right here has five ESQUIRE 800.211.DEPO (3376) Esquire Solutions. corn 1 2 3 4 5 6 7 8 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM March 26, 2014 36 pages. It starts with a letter from the Town of Gulf Stream, February 3, 2014, and ends with a page signed by Scott W. Morgan. MR. SWEETAPPLE: Is this letter the only part of the exhibit that Mr. Morgan authored? MS. HANNA: Yes. MS. O'CONNOR: I suspect you may have attached an incomplete exhibit to your complaint. This is an eight page fax, and you're missing -- And it's both this and the exhibit to the complaint only has five pages. You're missing a page three out of eight and page seven and eight out of eight. And the letter indicates that there are five eight- and -a -half by eleven one -sided documents that are included with this fax cover page. And it appears that only three were attached. MS. HANNA: Actually, page three is Exhibit B of the complaint. MR. JONATHAN O'BOYLE: Yeah. It's all A, and the exhibits. MS. HANNA: Page two is Exhibit A to the complaint. MR. SWEETAPPLE: Do you want to ask him about this letter, the July 23rd letter? MS. HANNA: Yes. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SCOTT MORGAN March 26, 2014 MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM 37 MR. SWEETAPPLE: Okay. I marked that as Three. So why don't we just go ahead and go forward with that. (Plaintiff's Exhibit Number 3 was marked for identification.) MS. HANNA: Two is subject to completion per Mr. Sweetapple's request. MR. SWEETAPPLE: Okay. So you're holding it. Fine. THE WITNESS: Can we continue, please? BY MS. HANNA: Q. Have you had a chance to read the letter that I've handed you? It's marked as Exhibit 3. A. I did not read it, but I'm familiar with it. Q. Who was the author of that letter? A. I wrote this and signed it. Q. What prompted you to write that letter? A. At an ARPB meeting, the town manager asked the members of the board to take a look at the code and propose any comments, modifications, changes, anything that they thought might be helpful to an ad hoc committee that was being set up to review the design manual of our code. And so in response to that request, I wrote this letter. Q. Is this a letter that -- ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM March 26, 2014 38 1 A. Oh, I'm sorry. I should have read it. Strike 2 that. I'm looking at the wrong one. 3 MR. SWEETAPPLE: Right. 4 THE WITNESS: I wondered why you were 5 looking... I'm sorry. 6 This was a letter I wrote on July 23rd. It's 7 titled Hidden Harbour Estates Lot 5. This was a 8 letter that I -- or a fax that I sent in to the 9 Town noting my objection to an application that was 10 coming before the ARPB I guess for the July 11 meeting. Sorry about that. 12 BY MS. HANNA: 13 Q. That's all right. 14 Do you typically send letters to the town? 15 A. No. 16 Q. Only when you have specific objections? 17 A. I would rarely send a letter to the Town. But 18 I had voiced my objection to the Harbour View Estates 19 development early on. This was one of the proposed 20 buildings that I objected to. And I wanted my 21 objections to be known to the ARPB for their 22 consideration. 23 Q. So when you have objections, you write a 24 letter to the ARPB? 25 A. No. Sometimes I would be sitting on the ARPB. ESQUIRE 800.211.DEPO (3376) EsquireSol utions. corn 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM March 26, 2014 39 Q. Okay. A. This letter -- Frankly, I knew I was not going to be on. And had I been there, I more likely than not would have recused myself. Because as a neighbor in proximity to this property, as I had done before previous times, had recused and vocalized my objections to it. Others I did not object to with this property. Q. Okay. Thank you. I just want to clarify one point. Your position as the commissioner of the ARPB gave you the authority to author documents? MR. SWEETAPPLE: Form. MS. O'CONNOR: Objection. BY MS. HANNA: Q. Did you author documents during your tenure as -- What was it? A. Anyone can write letters, faxes, come and give public comment, come and testify relative to any application. You needn't be a member of the board or the commission. Q. But as a member of the board or the commission, did you create correspondence? MS. O'CONNOR: Objection. THE WITNESS: For what? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM March 26, 2014 40 1 BY MS. HANNA: 2 Q. Related to the applications that were before 3 you? 4 A. All the applications, no. 5 Q. Was there ever a time when you did create 6 correspondence relative to an application pending before 7 you? 6 MS. O'CONNOR: Objection. Asked and answered. 9 MR. SWEETAPPLE: Form. 10 THE WITNESS: Not to my knowledge. 11 1 BY MS. HANNA: 12 Q. Okay. How many e -mail accounts do you have, 13 Mr. Morgan? 14 MR. SWEETAPPLE: You don't have to disclose 15 that. You can say number, but you don't have to 16 tell them your e -mail addresses if you don't want 17 to. 18 MS. HANNA: I didn't ask for the e -mail 19 addresses. 20 THE WITNESS: I believe three. 21 BY MS. HANNA: 22 Q. Okay. I know I asked you this before, but I'm 23 asking you this again and with an addition, but just so 24 there is some context here. 25 When the request was made on January 14th -- ESQUIRE 800.211.DEPO (3376) S 0 L U r, 0 N S EsquireSolutions.com SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM March 26, 2014 41 1 January 24, 2014, you had indicated earlier that 2 Mr. Thrasher did not contact you, nor anyone from the 3 town, correct? 4 MR. SWEETAPPLE: Form. 5 MS. O'CONNOR: Objection. 6 THE WITNESS: When? 7 1 BY MS. HANNA: 8 Q. When this request was made. 9 MR. SWEETAPPLE: Pointing to Exhibit 1. 10 BY MS. HANNA: 11 Q. Did anyone -- 12 A. No one -- I was not called or notified or 13 written on January 24th about a records request. 14 Q. At any time thereafter, were you contacted 15 about a records request? 16 MS. O'CONNOR: Objection. 17 THE WITNESS: Yes. Thereafter, I believe it 18 was thereafter based on what I saw, but I can't 19 really tell. 20 BY MS. HANNA: 21 Q. When? 22 A. I said I don't know. I think I testified 23 earlier it was in the New Year. I'm assuming it was 24 after this, but I'm not positive. But I received a 25 telephone call from someone from the Town of Gulf Stream ESQUIRE Esquire o��on ) s.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SCOTT MORGAN March 26, 2014 MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM 42 indicating that more records requests had come in. It was either from O'Boyle or O'Hare, I don't recall, and had I helped written anything; did I help guide them; had I submitted anything in the last year or so. And that's when I said there was a Spence property objection. And there was the ad hoc committee recommendation on the design code changes. Those were a couple that I could think of. Q. What's the ad hoc committee? A. There is an ad hoc committee reviewing the design manual for any proposed changes or additions. And Mr. Thrasher had asked the members of the ARPB to send in any comments that they had that might be helpful to the ad hoc committee studying that manual. Q. How did Mr. Thrasher ask you? Did he send you an e -mail? A. No. It was at a board meeting. Q. Board meeting. (Mr. Martin O'Boyle entered the room.) BY MS. HANNA: Q. Do you presently speak with the town solicitor on ARPB matters? MR. SWEETAPPLE: Object to the form. MS. O'CONNOR: Join. ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SCOTT MORGAN March 26, 2014 MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM 43 Q. Have you spoken with Mr. Randolph, who's the town solicitor, to address matters that come before the ARPB? MR. SWEETAPPLE: Form. THE WITNESS: At board meetings. BY MS. HANNA: Q. When you say the Spence property came up, do you -- What happened with regard to the Spence property with the application and your objections? MR. SWEETAPPLE: Form. THE WITNESS: There had been a number of applications on the Spence property. And that's just a general phrase to describe what was originally a single home. It was purchased by a developer who prepared a plat to develop it into six homes. Mr. O'Boyle actually led the objection to that property at least with respect to the plat. Thereafter, there have been applications filed after that was approved for the individual homes. BY MS. HANNA: Q. Did you ever talk to any of the contractors involved in that project, the Spence property project? A. Had I ever spoken to Mr. Laudani who's I r� ESQUIRE 800.211.DEPO (3376) < EsquireSolutions. com SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM March 26, 2014 44 1 guess, the head of Seaside Builders? Yes. 2 Q. After his application was made? 3 A. Yes. 4 Q. Was that during an ARPB commission meeting? 5 A. Both. 6 Q. Did you ever have any e -mail exchange with 7 Mr. Laudani? 8 MR. SWEETAPPLE: Form. 9 THE WITNESS: I don't recall. I don't know. 10 I don't recall. 11 BY MS. HANNA: 12 Q. When you were preparing for the ARPB meetings, 13 did you take notes? 14 A. No. I might occasionally jot something on the 15 paperwork that was provided to us. I don't routinely 16 take notes. I might for questions. I might either 17 write on a paper or on a pad something to ask as a 18 question. But other than that, no, I don't take notes. 19 Q. What do you do with the papers once you're 20 done with the meeting? 21 A. I discard them. 22 Q. You've been quoted as saying that you want to 23 take a proactive approach to the litigation involving 24 the Town with Mr. O'Boyle and Mr. O'Hare's public 25 records request. ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM March 26, 2014 45 1 Could you explain what you mean by that? 2 MR. SWEETAPPLE: Form. 3 MS. O'CONNOR: Join. 4 MR. SWEETAPPLE: Not calculated to lead to 5 discovery of admissible evidence. 6 THE WITNESS: Yes. I believe the Town should 7 take a very aggressive stance with respect to 8 lawsuits such as this one in order to defend the 9 Town's interests. 10 BY MS. HANNA: 11 Q. Have you ever received any documents from the 12 Town in the mail? 13 MR. SWEETAPPLE: Object to the form. 14 MS. HANNA: What's your basis? 15 MR. SWEETAPPLE: "Have you ever received any 16 documents from the Town in the mail ?" 17 You don't think that's a little overly broad? 18 You don't have a time period? You're talking he's 19 probably received hundreds of documents from the 20 Town in the mail. 21 MS. HANNA: Thank you for that. 22 MR. SWEETAPPLE: I think you would be a little 23 more specific than that. Otherwise we'll be here 24 for like weeks. 25 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM 1 1 BY MS. HANNA: March 26, 2014 46 2 Q. Of the hundreds of documents that your 3 attorney has so pointed out -- 4 MR. SWEETAPPLE: Water bills -- 5 BY MS. HANNA: 6 Q. -- from the town -- 7 MR. SWEETAPPLE: Notices of elections, 8 properties -- 9 BY MS. HANNA: 10 Q. -- with respect to your position as the ARPB it planning -- 12 MS. O'CONNOR: That's not what he said. 13 BY MS. HANNA: 14 Q. -- ARPB -- Architectural Review Board and 15 Planning, did you ever receive mail with respect to your 16 duties as the head of that board from the Town? 17 A. No. 18 Q. I have one more thing. 19 MR. SWEETAPPLE: Do you have a complete 20 exhibit now? Do you have this? 21 You are going to read it? 22 THE WITNESS: I will this time having made a 23 mistake on the last one. 24 MR. SWEETAPPLE: Okay. IOC". ESQUIRE 800.211.DEPO (3376) 6 0 L. T 1 0 �= EsquireSolutions.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM March 26, 2014 47 BY MS. HANNA: Q. Who authored that e -mail? A. The e -mail on the top is the one that I sent dated October 18, 2013. Q. And that's Exhibit 2, composite? A. Right. I think Two comprises four pages. Q. Could you read the e -mail prior to that? Could you slide that sheet over, Exhibit Two top. A. This -- I don't think this is an e -mail. It looks like a letter from the town, or maybe it was e- mailed because it's got Jonathan O'Boyle's e -mail address on it. I don't know. Do you want me to read this, whatever it is? Q. Go ahead. A. It's dated October 16, 2013. Dear Mr. Jonathan O'Boyle, The Town of Gulf Stream has received your public records request dated October 15, 2013. If your request was received in writing, then the first page of that request is attached to this cover letter. If your request was verbal, then the description of your public records request is set forth in the space below. Our staff will review your request within the next three business days, and we will promptly send you the appropriate response or an estimated cost to respond." ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SCOTT MORGAN March 26, 2014 MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM 48 Q. Now, would you do me a favor and take a look at Mr. O'Boyle's, Jonathan O'Boyle's request? A. This is dated October 15, 2013. Q. Okay. How many pages is the request? A. The e -mail request is two pages. Q. Okay. Do you mind if I have that for a second? How did you become aware of this request which would have prompted you to send that e -mail to Mr. Thrasher dated October 18, 2013? MR. SWEETAPPLE: Object to the form. THE WITNESS: I don't recall, but I was obviously given at least request number five, but I don't recall how I received it. BY MS. HANNA: Q. And why did you -- What was the basis for your conclusion in your e -mail? MR. SWEETAPPLE: Object to the form. THE WITNESS: Why don't you read it? Does it make sense to you? It doesn't make sense. BY MS. HANNA: Q. Why? A. Read it. MR. SWEETAPPLE: Read it into the record. e ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM March 26, 2014 49 THE WITNESS: I'll read it into the record. Give it to me. BY MS. HANNA: Q. Okay. A. Number five. "E- mail's sent from Scott Morgan's for the month of September 2013." What does that mean? What is that? It's vague. I'm not going to respond to that. BY MS. HANNA: Q. Could you just read -- When you were confused, did you seek assistance for your confusion? A. Mr. -- I think I got this from Mr. Thrasher, and I would assume that anybody reading that would have the same reaction I did. Q. So your reaction you felt, and if I'm misstating this, you felt that based on this response being vague no records would be provided? MR. SWEETAPPLE: Object to the form. THE WITNESS: I didn't understand it, Counselor. BY MS. HANNA: Q. Did you ask Mr. Thrasher to explain it to you or seek -- A. No. 25 1 Q. -- clarification? ACr-')ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SCOTT MORGAN March 26, 2014 MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM 50 A. No. I responded in my e -mail, which is marked as Exhibit 2 and is self - explanatory. MS. HANNA: I'm just going to ask you gentlemen if we could have a five minute break. We may be concluding. MR. SWEETAPPLE: Sure. (A recess was had from 11:22 until 11:33 a.m.) MS. O'CONNOR: If we could also note for the record that also in attendance is the Plaintiff, Martin O'Boyle, as well as Chris O'Hare, and Mr. Thrasher from the Town. MR. MARTIN O'BOYLE: And if I may, my name is Martin O'Boyle -- MR. SWEETAPPLE: You're not allowed to make any comments at this time. We are in the middle of a court proceeding. MR. MARTIN O'BOYLE: Okay. MR. SWEETAPPLE: You're entitled to observe and that's all. Please sit down, sir, or else I'm going to suspend the deposition and move the Court for sanctions, including contempt citation against you. Please sit down. There's an attorney here representing you. Do you want to speak to her privately? You can do so. O ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM March 26, 2014 51 1 MR. MARTIN O'BOYLE: I want to speak with her 2 on the record. I'm terminating the services of my 3 attorney. 4 MR. SWEETAPPLE: Do not speak to her on the 5 record, sir. Please sit down, Mr. O'Boyle. 6 Mr. Boyle, sit down and observe the -- 7 MS. HANNA: Mr. Sweetapple, please don't raise 8 your voice. 9 MR. MARTIN O'BOYLE: I'm terminating the 10 services of my attorney. 11 MS. HANNA: There is no need to raise your 12 voice. 13 MR. SWEETAPPLE: Okay. I'm going to be on the 14 phone with Judge McCarthy. Let's go. Let's take a 15 break. I'm going to call Judge McCarthy it 16 appears. 17 MR. MARTIN O'BOYLE: Well, we'll call him 18 together because -- 19 MR. SWEETAPPLE: Oh, we're going to call him 20 together. I'm going to pull his number out of my 21 speed dial here from my -- 22 MR. MARTIN O'BOYLE: Sure. 23 MR. SWEETAPPLE: -- court judges. 24 MR. MARTIN O'BOYLE: Sure. 25 MR. SWEETAPPLE: And then we are going to have ESQUIRE 800.211.DEPO (33 76) Esquire Solutions. com SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM March 26, 2014 52 1 to call him in a few minutes. 2 MS. HANNA: He is not going to be available. 3 MR. SWEETAPPLE: Okay. Can you talk to your 4 client and make him aware that he's not to make 5 speeches? 6 MS. HANNA: Did you hear what my client just 7 said? 8 MR. SWEETAPPLE: We're going to leave. You 9 talk to your client. You speak for your client. 10 We'll leave, and when you're done -- Let's go 11 ahead and excuse ourselves. Then you can put on 12 the record whatever you want to say on behalf of 13 your client. This is not his soapbox or his 14 psychiatric office. 15 (Mr. Sweetapple, Ms. O'Connor, Mr. Thrasher 16 and the witness exited the room at 11:34 a.m.) 17 MR. MARTIN O'BOYLE: As I said, my name is 18 Martin O'Boyle I'm the Plaintiff. I have 19 terminated the services of our counsel. I am now 20 pro se. I am prepared to continue with the 21 deposition where counsel has left off. 22 (A recess was had from 11:34 until 11:40 a.m.) 23 MR. SWEETAPPLE: Back on the record. I'm 24 ready for counsel to proceed. 25 Counsel, are you going to continue to finish ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM March 26, 2014 53 this deposition? I think you've told me you've been fired; is that the case? MR. MARTIN O'BOYLE: Counsel no longer represents me. I'm pro se. MR. SWEETAPPLE: You're pro se. MR. MARTIN O'BOYLE: Yes. MR. SWEETAPPLE: Okay. Well, we're going to have to take that up with the judge. You weren't here for the beginning part of the deposition. MR. MARTIN O'BOYLE: That's correct. MR. SWEETAPPLE: You don't even know what's been asked. Is it -- Is it your intention to complete a deposition after terminating your counsel? MR. MARTIN O'BOYLE: It is my intention to take the deposition. And, of course, I would have to complete the deposition. Otherwise -- MR. SWEETAPPLE: Okay. I'm going -- I'm going to move to suspend the deposition, and file a motion with the Court. You couldn't possibly complete this deposition not having been here. You don't even know what's been asked or answered. I'm not going to take time for you to go through and have the court reporter read all that to you. You also still have a law firm that is of ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SCOTT MORGAN MARTIN E. O'BOYLE -vs - TOWN OF GULF STREAM March 26, 2014 54 record in this case. Until that law firm has withdrawn, they are your counsel. I'm going to call upon your counsel to finish this deposition. She's still counsel of record. Your son is here; he is still counsel of record. MR. JONATHAN O'BOYLE: Not true. MR. SWEETAPPLE: So at this point, if your attorney wants to put on the record that she has been terminated and her firm has been terminated, do you want to put that on the record? MS. HANNA: My representation of Mr. O'Boyle has been terminated, as the services of this firm have been terminated as well. MR. SWEETAPPLE: Okay. Fine. Then you'll need to move -- And you're not going to take any -- not going to continue with this deposition at this time? Is that no? MS. HANNA: Yes, that's a no. MR. SWEETAPPLE: Okay. So at this point are you suspending the deposition, or what are you doing? MR. MARTIN O'BOYLE: I'm taking the deposition. MR. SWEETAPPLE: Excuse me. MS. HANNA: Mr. Sweetapple, I asked you -- ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com SCOTT MORGAN March 26, 2014 MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM 55 1 MR. MARTIN O'BOYLE: She's no longer counsel, 2 Counselor. 3 MR. SWEETAPPLE: No, she's counsel of record, 4 sir. 5 MR. MARTIN O'BOYLE: I understand. 6 MS. HANNA: Mr. Sweetapple, I asked you if we 7 could suspend the deposition. 8 MR. SWEETAPPLE: Right. You cannot. 9 MS. HANNA: You refused to. And now you are 10 saying that you want to suspend the deposition. 11 MR. SWEETAPPLE: No, no. I want to know if 12 you're going to finish the deposition as counsel 13 for the Plaintiff. You're telling me you've been 14 terminated. Then I guess you can't make any more 15 representations on this record. 16 MS. HANNA: Correct. 17 MR. SWEETAPPLE: I will suspend this and take 18 it up with the Court. I think the termination in 19 the middle of the deposition is in bad faith. I 20 think it's a ploy in order to try to continue this 21 deposition. I'm going to ask the Court to 22 determine that this firm has been terminated from 23 all matters as a result of this, that it's no 24 longer Mr. O'Boyle's counsel on any matters. 25 And I will be moving to suspend at this time. ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM I'll be moving for an award of attorney's fees and costs. I think this is game playing. We've had a good indication of that based on your questioning and based on this ploy by Mr. O'Boyle. Have a good day. I'll be filing a motion with the Court. And we'll be serving Mr. O'Boyle personally with that motion. MR. MARTIN O'BOYLE: Madam Court Reporter, I would like to say -- MR. SWEETAPPLE: The deposition is -- This is concluded now. You can go off the record. March 26, 2014 56 MR. MARTIN O'BOYLE: You are not to turn off the record unless both parties agree. I do not agree. MR. SWEETAPPLE: Okay. You're not -- MR. MARTIN O'BOYLE: I am a pro se party. MR. SWEETAPPLE: You have not appeared. MR. MARTIN O'BOYLE: I'm not going to debate it with you, Mr. Sweetapple. MR. SWEETAPPLE: You can do whatever you want on the record, Mr. O'Boyle. Mr. O'Boyle, you talk to the court reporter. MR. MARTIN O'BOYLE: I am not going to debate it with you. MR. SWEETAPPLE: Mr. O'Boyle, talk to the ESQUIRE 800.211.DEPO (3376) EsquireSol utions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM March 26, 2014 57 court reporter. MR. MARTIN O'BOYLE: I'm not going to debate it with you. Thank you. MR. SWEETAPPLE: Let the record reflect that all counsel, the counsel for the city, the counsel for the witness, and the witness had left. And we're going to let Mr. O'Boyle sit here and talk to himself, his son, and his former law firm. MR. MARTIN O'BOYLE: No, I'm going speak to the court reporter only, Mr. Sweetapple. MR. SWEETAPPLE: Good. MR. MARTIN O'BOYLE: And we will seek sanctions against you. (Mr. Sweetapple, Ms. O'Connor, the witness and Mr. Thrasher exited the room.) MS. HANNA: Marty. MR. MARTIN O'BOYLE: Anyway, I am here. I am pro se. I was ready as I'm sitting in the person formally taking the deposition's seat. I am prepared to take the deposition. I alerted Mr. Sweetapple to that. He has unilaterally decided based on what I would consider to be inappropriate comments about my psychiatric condition and so forth to walk out of the deposition. OESQUIRE 800.211.DEPO (3376) EsquireSol utions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM March 26, 2014 58 We -- At this point if he leaves the building, we will ask the Court to allow us to continue the deposition. We come in good faith. We come with the thought of finishing the deposition. The documentation that has been, I guess, shown to the witness and has been admitted as exhibits I'm familiar with. And I feel that there could have been an easy transition for the completion of the deposition. And, indeed, there should have been. And I will let Mr. Sweetapple's conduct speak for itself. And beyond that, I would like to say thank you very much for your patience, your tolerance and your kindness. MR. MARTIN O'BOYLE: We are off the record. (Deposition was adjourned at 11:46 a.m.) ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM CERTIFICATE OF OATH THE STATE OF FLORIDA) COUNTY OF PALM BEACH) March 26, 2014 59 I, the undersigned authority, certify that the witness, SCOTT MORGAN, personally appeared before me and was duly sworn on Wednesday, the 26th day of March, 2014. Dated this 29th day of March, 2014. V"Ok4�� L-J�� KATHLEEN LUSZ, RPR Notary Public - State of Florida My Commission Expires: 6/9/16 My Commission No.: EE 201660 !r/M11 HEUM WU klg Gam. ExPirn �s �, �1� 1(� C4;ffl l .0 Ef NINO 2�1� TrlI110 %my O{M1. ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com SCOTT MORGAN March 26, 2014 MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM 60 1 1 C E R T I F I C A T E 2 1 THE STATE OF FLORIDA) 3 1 COUNTY OF PALM BEACH) ra 5 I, KATHLEEN LUSZ, Registered Professional Reporter and Notary Public in and for the State of 6 Florida at large, do hereby certify that I was authorized to and did report said deposition in 7 stenotype; and that the foregoing pages are a true and correct transcription of my shorthand notes of said 8 deposition. 9 I further certify that said deposition was taken at the time and place hereinabove set forth and 10 that the taking of said deposition was commenced and completed as hereinabove set out. 11 I further certify that I am not attorney or 12 counsel of any of the parties, nor am I a relative or employee of any attorney or counsel of party connected 13 with the action, nor am I financially interested in the action. 14 The foregoing certification of this transcript 15 does not apply to any reproduction of the same by any means unless under the direct control and /or direction 16 of the certifying reporter. 17 1 Dated this 29th day of March, 2014. 18 19 20 21 KATHLEEN LUSZ, RPR 22 23 24 25 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM DEPOSITION ERRATA SHEET Our Assignment No. 112005 Case Caption: MARTIN E. O'BOYLE vs. TOWN OF GULF STREAM March 26, 2014 61 DECLARATION UNDER PENALTY OF PERJURY I, SCOTT MORGAN, declare under penalty of perjury that I have read the entire transcript of my Deposition taken in the captioned matter or the same has been read to me, and the same is true and accurate, save and except for changes and /or corrections, if any, as indicated by me on the DEPOSITION ERRATA SHEET hereof, with the understanding that I offer these changes as if still under oath. Signed on the day of . 20 SCOTT MORGAN ESQUIRE ILI 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SCOTT MORGAN MARTIN E. O'BOYLE -vs -TOWN OF GULF STREAM I DEPOSITION ERRATA SHEET Page No. Line No. Change to:_ Reason for change:_ Page No. Line No Reason for change: Page No. Line No Reason for change:_ Page No. Line No Reason for change:_ Page No. Line No Reason for change:_ Page No. Line No Reason for change:_ Page No. Line No Reason for change: SIGNATURE: SCOTT MORGAN ESQUIRE Change to: Change to: Change to: Change to: Change to: Change to: DATE: March 26, 2014 62 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM DEPOSITION ERRATA SHEET Page No. Line No. Change to:_ Reason for change:_ Page No. Line No Reason for change:_ Page No. Line No Reason for change:_ Page No. Line No Reason for change:_ Page No. Line No Reason for change:_ Page No. Line No Reason for change:_ Page No. Line No Reason for change: Change to: Change to: Change to: Change to: Change to: Change to: SIGNATURE: DATE: SCOTT MORGAN ESQUIRE March 26, 2014 63 800.211.DEPO (3376) EsquireSol utions. com SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM 1! 1 12:1,22 26:25 31:13,24 4 1: 9 1/24/14 2 7: 1 10:41 33:14 10:54 33:14 11:22 50:7 11:33 50:7 11:34 52:16,22 11:40 52:22 11:46 58:17 1422 27:16 14th 40:25 15 47:17 48:3 18 26:14 47:4,15 48:10 18th 25:15 28:2 2 2 24:10 25:1 27:13 29:21 47:5 50:2 2012 26:25 31:13 2013 26:15 27:14,22 29:21 47:4,15, 18 48:3, 10 49:6 2014 4:2 31:16,17 32:10 34:19 36:2 41:1 23rd 36:24 38:6 24 4 1: 1 24th 32:10 41:13 26 4:2 3 3 34:19 36:2 37:4,13 5 5 38:7 9 90s 8:10 9:3 A a.m. 33:14 50:7 52:16,22 58:17 ability 10:7 abundance 27:10 accomplish 15:5 accounts 40:12 Act 10:20 activity 14:18 actual 11:11 ad 37:21 42:6,9, 10,14 addition 40:23 additions 42:11 address 24:25 25:3,7,13 43:3 47:12 addresses 25:17 40:16,19 adjourned 58:17 administers d 4:4 admissible 18:2 20:5 22:7 45:5 admitted 58:7 advisory 14:4 agency 33:8 aggressive 45:7 agree 56:13,14 ahead 23:1 37:2 47:14 52:11 alerted 57:20 allegation 21:2 allowed 50:14 ambit 27:11 amount 14:17 anymore 16:23 apologize 12:3 apparently 29:21 appeared 56:17 appears 51:16 applicant 15:4 application 15:2 16:4 24:3 38:9 39:19 40:6 43:10 44:2 March 26, 2014 Index: 1-assume application s 13:24 14:5,16, 15:24 23:23 40:2,4 43:13,20 approach 44:23 approved 15:7 43:21 architectur al 11:17 13:14,22 15:3,9 26:23 46:14 area 33:5 arises 23:16 ARPB 13:10,12 14:3 16:11,18 17:1 21:13 23:14,18 25:5 27:19 37:18 38:10,21, 24,25 39:10 42:12,22 44:4,12 46:10,14 assigned 14:2 assistance 49:11 assume 17:10 l ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com SCOTT MORGAN March 26, 2014 MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM Index: assuming-clarification 49:13 8,14 bills 46:4 broader called assuming 22:22 binding 21:4 9:19 41:23 48:8 52:4 16:13 brought 11:22 12:20 attached bit 7:16 15:2 41:12 12:5 B 16:11 board calls 34:23 build 11:17 15:21 35:15 back 14:4 15:17 13:15,17, 22:25 36:7,16 22:18 23,24 Builders 47:19 27:14 card 4:23 14:25 44:1 attaches 30:11,23 15:10,17 carefully 31:13 building 34:20 16:21,22, 21:23 34:2 6:5 9:24 attachment 52;23 23 18:15 10:4 58:1 case 4:19 26:24 34:21 background 39:19,21 buildings 5:13 attendance 7:17 42:17,18 38:20 11:18 50:9 8:16,17 43:6 built 17:20 18:13,17 attorney 17:19 46:14,16 10:8,10 20:1,25 4:12 5:9 18:3 20:6 Boca 9:5 business 31:14 46:3 21:10 body 15:6 9:17,18 53:2 54:1 50:23 bad 55:19 18:16 casual 51:3,10 born 7:14, Bar 22:14 23:8,12, 17:20 54:8 15 14 24:21, attorney's based 6:17 boundaries 23 25:10 caution 56:1 33:5 9:13 32:18 27:10 41:18 47:23 certified attorney- 49:16 Boyle 51:6 client 56:3,4 18:15 Boynton 5:10 57 :22 9:23 C chairman attorneys basis 17:1,3 break 7:7, 5:4 32:21,23, 10 33:11 calculated chance August 24 33:6,9 50 :4 18:1,24 4:24 14:15 45:14 51:15 20:4 22:7 37:12 48:16 45:4 Chris author breakfast 37:15 bathroom 18:5,6 call 11:20 50:10 39:11,15 7-.7 12:24 citation brick 10:9 13:1 authored Beach 9:23 15:6,13 50:21 bring 16:6 36:5 47:2 beginning 17 :9 21:19 city 33:3 authority 7:13 24:13 24 :2 57:5 39:11 19:18 41:25 civil 26:25 bringing 51:15,17, 18:15 award 56:1 53:9 28:22 19 52:1 aware 5:7, behalf broad 54:3 clarificati 10 11:7, 52:12 45:17 on 49:25 ESQUIRE 800.211.DEPO (3376) 3 O l U i I U M. EsquireSolutions.com SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN March 26, 2014 OF GULF STREAM Index: clarify-credibility clarify 42:6,9, 23:4,6 41:2 corresponds 31:20 10,14 28:13 contacted nce 39:22 39 :9 communicate 29 :18 11.9 40:6 clear 7:1 23:15 33 :7 41:14 cost 22 :2 15:9 24:1 computers 47:25 contempt 25:12 25:4,8,9 11:23 50:21 costs 56:2 clerk communicate 23 :8,12, 13 context counsel 19:16 d 32:17 40:24 4:19 5:20 client communicati concerns 6 :17 31:17 continue 17:21 on 26:1,3, 52:19,21, 5:6 20:13 22:3,10 22 29:20 concluded 24,25 21.23 26:12 30:4,6 56:11 53:3,14 37:10 27:14,21, communicati concluding 52:20,25 54:2,3,4, 23 52:4, ons 11:16 50:5 54:16 5 55:1,3, 6,9,13 12,24 company conclusion 55:20 57:5 client's 58:2 9 :21 15:21 28:20,25 Counselor complaint 22 :25 contractor 49:20 close 7:4 30:21 10:11 11:2,4 55:2 code 10:4 12:6,9,10 48:17 contractors 14:2 33:17 condition 43:23 couple 16:10 34:15,, 57:24 9:5,10 conversatio 42:8 37:19,23 25 36:88, conduct n 13:11 42:7 10,18,22 court 6:6 20.2 copies 7:4 19:21 comment complete 58:11 39:18 28:8,10 24:13 50:16,20 29'24 confused copy 12:3 51:23 comments 31:5 6:25 28:6,14 53:20,24 37:20 34:11 49:10 29:23 55:18,21 42:13 35:18 confusing 34:14 56:6,8,22 50:15 46:19 35:14 35:11 57:1,10 57:23 58:2 53:13,17, confusion correct commercial 21 7:2 49:11 11:6 cover 9 :20 completion 21:16,17 34:18,19 commission 37:6 58:9 coasid, 24:24 36:15 14:3,4 3• 14:1155,19 19 25:20 47:19 16:12 comply considerati 35:6 41:3 create 39:20,22 16:9 on 38:22 53:10 39:22 44:4 composite constructio 55:16 40:5 commissione 47 :5 n 10:2,3 corrected credibility r 39:10 comprises 13:25 28:4 8:16 committee 47:6 14:17 29 :19 37:22 computer contact ESQUIRE 800.211.DEPO (3376) S O l U i 10 N 9 EsquireSolutions.com SCOTT MORGAN March 26, 2014 MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM Index: date-evidence fl date 25:14 26:25 dated 47:4,15, 17 48:3, 10 day 56:5 days 47:23 DCA 18:13 20:25 Dear 47:15 debate 56:18,23 57:2 decades 18:16 decided 29:9 57:22 decision 16:12,13 30:22 defend 45:8 definition 10:7 depending 14:17 depends 10:5,6 15:4 deposition 4:1 10:14 11:9 19:4 20:16,17 21:5 22:9,15 28:7 50:20 52:21 53:1,9, 13, 16,17, 19,21 54:3,16, 20,23 55:7,10, 12,19,21 56:10 57:20,25 58:3,5, 10,17 deposition' s 57:19 describe 43:14 describing 14:24 description 47:21 design 37:22 42:7,11 designating 24:24 determinati on 25:21 determine 15:7 55:22 develop 43:16 developer 43:16 development 10:3 13:25 38:19 dial 51:21 Dickinson 8:2 DIRECT 4:10 directed 11:11 directly 9:4 21:1 discard 44:21 disclose 4 0: 14 discovery 18:2 19:25 20:4 21:3 22:7 45:5 discrete 20:1 disheveled 6:25 19:19 disorganize d 19:19 dispute 29:2,6 document 12:14 24:7 28:10 30:8,9 34:23 documentati on 58:6 documents 13:7 27:18 31:17 32:6,16 36:14 39:11.15 45:11,16, 19 46:2 dollars 22:2 dozens 22:3 drawings 15:3 dropped 17:7 drops 17:8 duly 4:8 duties 25:5 4 6: 16 e -mail 24:6,8, 18,20,22, 24 25:1, 3,7,13, 14,16 26:5,11, 18,19 27:6,21 28:1 40:12,16, 18 42:16 44:6 47:2,3,7, 9,11 48:5,9,17 50:1 E- mail's 49:5 e- mailed 47:11 e -mails 32:16 earlier 29:19 41:1,23 early 8:10 9:3 38:19 easy 58:9 economy 14:18 eight -and- a -half 36:14 election 17:22 19:7,17 28:23,24 elections 46:7 eleven 36:14 Emancipatio n 22:1 enable 10:3 end 21:22 ends 36:2 entered 42:19 entitled 50:18 entity 33:4 establishin g 17:24 Estates 38:7,18 estimated 47:25 evidence 15:5,6 A ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN March 26, 2014 OF GULF STREAM Index: exact-government 18:2 20:5 52:16 February 9:2,3 function 22:8 45:5 57:15 34:19 15:24 15:16 exact experience 36:2 18:22 34:14 9:25 feel 6:24 Florida's G examination experienced 58:8 10:19 4:10 20:6 10:2 feeling follow game 56:2 examined explain xp 21:17 4:16 gave 39:10 4:8 6:25 45:1 fees 56:1 forewarned general exceed 49 :22 felt 20:18 8:8 10:11 15:18 explained 49:15,16 form 7:19 14:7,11 exchange 17 :4 figure 15:20 16:5 44:6 explaining 14:6 23:10 43:14 6:15 25:23 generally excuse file 53:19 29 :7,13 52:11 extent filed 22:3 32:8,19 14:14,25 54:24 15:21 39:12 15:12 43:20 16:6 exhibit 22:25 40:9 41 :4 12:1,5,9, 27:10 filing 42 :23 gentleman 11,12,22 extra 56:5' 43:5,11 19:23 24:10 33:20 find 10:24 44:8 gentlemen 25:1 35:14 fine 4:17 45:2,13 50:4 27:13 48:11, 7:12 49:18 genuine 28:7,9 F 19:14 29 :2 29:15,21, 37:9 formally 24 30 :25 54:14 57:19 genuineness 31:5,8,24 fact 19:2 29:3 33:17,22 29:17 finish forward 34:14,16, 52:25 37:3 gestures faith 7:6 24 35:8, 25:18 54:3 forwarding 9,16,25 55:12 24:7 give 7:16 g 55:19 36:5,8, 58:4 finished Foster 14:6 10,17,21 12:16 11:8,20 15:13 37:4,13 fall 27:10 16:1 31:4 41:9 familiar finishing frame 33:17,18 46:20 10:19 58:5 26:14 39:17 47:5,8 37:14 fired 53:2 Frankly 49:2 50:2 5B :8 firm 11:8 39:2 good 14:23 exhibits fast 21:3 53:25 free 6:24 25:18 36:20 54:1,9,12 56:3,5 58:7 favor 48:1 55 :22 front 57:11 existence fax 36:9, 57:8 15:10 58:4 20:24 15 38:8 Florida full -time government exited faxes 6:10,19 17:13 21:3 39:17 8:9,10,19 33:4,8 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com SCOTT MORGAN 17:17 52:2,6 March 26, 2014 MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM Index: governs.. inquiry governs 12:3,5, 48:15,22 helped imposes 15:24 11,13 49:3,9,21 42:3 5:9 graduated 14:20 50:3 helpful improper 8:3 16:15 51:7,11 37:21 19:22 ESQUIRE EsquireSolut on � s.com 17:17 52:2,6 granted 18:8,12, 54:11,18, 42:13 improvement 6:6 17,19,25 25 55:6, Hidden 28:20,25 grounds 19:8,11, 9, 57:16 38:7 inactive 29:13 14 20 :10, happen High 7:25 8:22,25 13,16,20 guess 10:5 21:12,19, 8.24 highlight inappropria 14:7,10, 24 22:17, happened 26:5 to 57:23 12 15:13 21 23:3, 43:9 hoc 37:21 included 23.2 11 24:9, happily 42:6,9, 36:15 25:12 13,15 11:3 10,14 38:10 26:2,8, includes 44:1 14,20 happy holding 14:24 55:14 27 :16,23 31:1,4 37:8 26:22 58:6 28:3,15, harass home 15:17 including guide 42:3 22 29:5,9 19:4,22 17:11 27:19 30:1,5, 20:7 28:20,25 50:21 guise 11,15,19 21:15 43:15 21 :10 incomplete 31:1,7, Gulf 9:4, 10,12,18, harassing homes 29:16 6,8,13 22 32:1, 22:8 43:17,21 34:9 35:4 12:23 12,21,23 harassment hope 18:2 36:8 13:2 33:11,15, 18:11 house indicating 16:17 20,23 22:9 10:8,9 42:1 26:24 34:1,5, Harbour 14:1 17:7 indication 36:2 10,24 41:25 35:2,10, 38:7,18 humidifier 56:3 47:16 13,22,25 hard 28:14 9:20 individual 36:6,17, Harrisburg Humidifirst 43:21 H 21,25 7 :15 8:6 9:19 information 37:6,11 5:11 8:17 38:12 head 44:1 hundreds 15:2 hand 35:23 39:14 46:16 45:19 21:13 handed 40:1,11, hear 15:5 46:2 24:4 37:13 18,21 52:6 41:7,10, initiated HANNA 42:20 heard 1 27:17 4:11,17, 43:1,7,22 14:25 initiation 23 5:1, 44:11 hearing idea 14:11 11:12 21,25 45:10,14, 23:25 identificat 6:14,20, 21 46:1, ion 12:2 inquiry 22 7:21 5,9,13 held 33:3 24:11 33:5 11:25 47:1 37:5 ESQUIRE EsquireSolut on � s.com SCOTT MORGAN March 26, 2014 MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM Index: instructed.. made instructed 6:17 instruction a 4:15 14:8 insurance 4:19 intention 53:12,15 interesting 6:12 interests 45:9 interpose 5:4 29:10 interpret 10:4,7 involved 43:24 involving 13:6 44:23 issue 8:17 20:22 23:16,17 27:12 31:14 issues 19:24 22:11 23:21 26:9 29:1 J January 26:25 31:13,16, 17 32:10 40:25 41:1,13 job 29:5 Joe 24:3 Join 7:20 42:24 45:3 Jon 33:12 Jonathan 29:18,20 33:13 36:19 47:11,16 48:2 54:6 Jones 11:8,20 jot 44:14 judge 21:19 30:21 51:14,15 53:8 judges 51:23 judicial 15:6 July 36:24 38:6.10 Pi kind 8:7 10:4 23:17 kindness 58:15 knew 39:2 knowledge 32:20 40:10 L laid 10:9 land 15:23 Laudani 43:25 44:7 law 6:19 8:2,4,5,7 9:14 11:8 19:16 27:3 29:14 53:25 54:1 57:8 lawsuit 10:16,17 11:B 17:25 18:7 26:9 27:12 lawsuits 22:4 45:8 lawyer 8:22 18:15,16 33:18 lawyer - client 6:18 lay 16:1 laying 19:1 lead 18:1, 24 20:4 22:7 45:4 leave 18:3 31:5 34:9 52:8,10 leaves 58:1 led 43:18 left 52:21 57:6 legal 15:21 22:25 30:20 33:6 letter 34:19 36:1,4, 13,24 37:12,15, 17,24,25 38:6,8, 17,24 39:2 47:10,20 letters 13:6 32:17 38:14 39:17 liberal 6:11 license 8:23 licensed 8:22 licenses 8:21 life 7:17 limited 20:1 21:4 lines 15:18 listen 29:6 litigation 8:8 11:1, 12 27:17 44:23 live 9:7 located 9:22 long 8:24 9:2 longer 53:3 55:1,24 loose 21:3 Lorei 18:12 20:25 lost 6:14 17:21 19:6,16 lot 15:18 38:7 lovely 20:20 Lucky 17:17 M Madam 56:8 made 10:25 11:15 16:9,24 25:17 26:15 27:14,23 28:11 31:14,16, 17 32:5, 10,11 40:25 41:8 44:2 e-C) ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM March 26, 2014 Index: mail- O'boyle 46:22 13,17 members 32:2 18 mail 51:1,9, 25:4 33:16 Notices 17,22,24 37:19 36:3,5 45:12,16, 46:7 20 46:15 52:17,18 42:12 40:13 53:3,6, notified mentioned Mo49:6 make 16:11 10,15 41:12 22 :5 54:22 13:12 49:6 noting 25:21 55:1,5 middle motion 38:9 28:10 56:8,12, 50:15 53:20 30:2,21 16,18,23 55:19 56:5,7 number 31:1 57:2,9, million move 9:4 12:1,9 35:11 12,17 24:10 5:3 31:3,6 48:20,21 58:16 50:20 26:5 50:14 mind 4:14 29.12 52:4 Marty 8:11 53:19 37:4 55:14 57:16 34:12 54:15 40:15 material 48:6 moved 9:5, 43:12 makes 26:6 23:20 6,8,10 48:13 making minimum 18:22 49:5 matter 21:25 8:14 10:25 movin g 51:20 18:25 minute 26:12 11:2 18:6 50:4 55:25 27:3 56:1 O manager matters minutes municipalit 16:7 52:1 42:22 y 33:4 O'boyle 37:18 43:3 missing 6:2 13:5 manual 55:23,24 35:20 _ 26:15 37:23 36:9,11 N 27:25 Mccath _ 42:11,14 misstatin g 28:1,5 manufacture 49:16 needn't 29:18,20 meet 14:14 39:19 33 :13 9:19 16:6 mistake 36:19 neighbor MARCH 4:2 5 :22 42:2,19 meeting 46:23 39:4 mark 11:25 15:1 43:18 24:9 37:18 modificatio nice 18:9 44:24 33:25 38:11 no 14:2 nod 7:5 47:16 34:1,12 42:17,18 37:20 normal 50:10,12, marked 44:4,20 month 49:6 17:19 13,17 51:1,5,9, 12:1,22 meetings monthly note 17,22,24 24:10,14 43:6 14:14 15:11,20 52:17,18 31:6 34:4 44:12 22;24 53:3,6, 37:1,4,13 member Morgan 25:22 10,15 50:1 13:16 4:1,5,7, 50:8 54:6,11, 12 13:10 Martin 17 :10 23:4 notes 22 55:1,5 42:19 23:14 26:23 44:13,16, 56:4,6,8, 50:10,12, 39:19,21. 12,16,18, ESQUIRE 800.211.DEPO (3376) S O l V T 1 0 X 9 EsquireSolutions.com SCOTT MORGAN March 26, 2014 MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM Index: O'boyle's..planning 21,23,25 42:23 10 47:6 26:25 57:2,7,9, 45:13 office 48:4,5 45:18 12,17 48:11, 52:14 panel 14:4 permits 58:16 49:18 officer paper 13:25 O'boyle's objected 17:9 44:17 permitted 26:19,21 38:20 19:20 5:19 27:18 objecting papers 47:11 official 44:19 person 22:6 28:9 48:2 29:15 24:21,23 paperwork 57:18 55:24 25:10 44:15 personal objection 28:18 O'7:20 5.7 9 paragraph 33:2 2 7:20 24:7 8:14 one -sided 25:16 personally 25:24 15:20 36:14 56:7 26:11,16 18 :25 open 5:16 Pardon 27:5,8 32:22 pertains 31:15,20, 22'24 opinion o p part 28:11 16:19 24 34:13, 25.22 31:15 15.22 29:22 Philadelphi 18,22,25 38:9,18 16:1 30:2 a 8:5 35:3,6, 39:13,23 order 6:6 33:22 phone 11,20,24 40:8 45:8 34:14 36 :7 41:5,16 55:20 35:7,16 51:14 39:13,23 42:6 36:4 53:9 phrase 40:8 originally 43:14 41:5,16 43:18 43:15 parties 42:24 objections overly 5:19 pick 17:6 45:3 5:4 21:25 45:17 56:13 place 6:14 46:12 22 :5 29:7 party 5:13 9:8 50:8 38:16,21, 56:16 Plaintiff 52:15 23 39:6 P 57:14 43:10 patience 19 :6,16 56:14 50:9 O'hare observe packet 52:18 5:12 13:5 50:18 14:22,23 pattern 55:13 42:2 51:6 17:4,5 22:9 23 :20'22' plaintiff's 50:10 observer 23 pending 12:1 O'hare's 17:20 40:6 19:6,15 44:24 occasionall packets Pennsylvani 24:10 oath 4:4 y 44:14 22:22 27 :19 a 5:24,25 37:4 19:21 October 6:3 11 , plan 14:1 pad 44:17 7:15 8:1, object 25:15 6 planning 7:19 27:14,21 pages 11:17 23:10 28 :2 27:16 people 13:14,23 29:7,12 29:21 34:23 15:12 15:10 32:8,19 47:4,15, 35:2023 , 19:22 26:24 39;7 17 48:3, 36:1,11 period 46:11,15 ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. cam SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM plans 15:3 practiced proceed plat 8:5 21:9 43:16,19 predicate 22 :16 19:2 33:6 33:10 playing 52:24 21:3 56:2 prefer Proceeding ploy 55:20 4:14 34:8 5:17 8:13 56:4 prepared 19:21 podium 19:20 50:16 P 43:16 15:13 proceedings 57:20 point 7:18 15:23,25 18:3 19:2 preparing 21:18,22 P 21:1,11 44:12 process 39:9 present 16:14 P 54:7,19 15:2 Proclamatio 58:1 presently n 22:1 pointed 42:21 p produce 46:3 president 12:24 Pointing 9:20 p produced 41:9 pretty 20:23 police 13:11 21:2 27:9 17:9 16:5 p production portion previous 21:7 a 22:19 39:6 p pro£essiona posed prior 6:5 1 8:21 20:11 11:11 20:3 position 16:24 22:14 47.7 4:20 project 11:16 privately 43:24 16:22 50:25 prompted 29 :19 privilege 37:17 46:10 5:10 6:18 48:9 positive pro 52:20 promptly 41 :24 53:4,5 47:24 possession 56:16 properties 32:25 57:18 46:8 possibly proactive Property 53:20 44:23 P 39:5,7 practice problem 42:6 p 8:7 9:14 7:11 43:8,9, 13.19.24 March 26, 2014 Index: plans..questions propose purpose 37:20 19:22 P 20.8 38:19 22 :11 42:11 protective 6:6 rove 17:24 19:25 rovide 11:3 rovided 44:15 49:17 roximity 39:5 sychiatric 52:14 57:24 sychologic 1 22:11 ublic 6:5 10:17,19 11:4,14, 17:22,24 18:19 21:4 22:22 26:12,21 27:11,13 28:19 31:13,15 32:14 33:1,2,7 39:18 44:24 47:17,21 ull 51:20 urchased 43:15 purposes 17:23 28:6 pursuant 19:21 pursuing 22:10 put 52:11 54:8,10 putting 4:15 4 qualificati ons 16:17 quasi - judicial 15:23 question 5:5,6,8 6:23 11:10,13 12:20 20:11,15 22:18 30:11,18, 24 44:18 questioning 56:3 questions 5:3 6:16 7:3 18:1, 23 20:3 21:15 22:6,13 29:2,3,6 30:13 ESQUIRE 800.211.DEPO (3376) 5 0 L U_ 1 0 N s EsquireSolutions.com SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN March 26, 2014 OF GULF STREAM Index: quoted-respect 44:16 42:2 8,10 refreshed represents quoted 44 :9,10 55:3,15 12:18 53:4 44:22 48:12,14 56:11,13, refused request receive 21 57:4 55:9 10:25 58:16 R 14:22,23 regard 11:5,11, 17:4 records 15 12:19, 20:7 43:9 23:22 10:17,19 21 13:9 raise 46:15 11:5,15, regularly 16:24 51:7,11 received 22 12:21, 25:9 17:22,25 Randolph 11:20 25 13:10 related 23:18 43:2 13:1 24 :6 17:22,25 24:21 25:17,18 26:22 18:20 40:2 26:5,13, rarely 20:23,24 15,16,21 38:17 27'16 21:1,5,8 relates 27:1,2, Raton 9:5 41:24 45:11,15, 22:23 29:22 11,14,18, reaction 19 47:17, 26:12,21 relative 24 28:19 18 48:14 27:11,13 11:4 31:14,16, 49:14,15 28:19 39:18 23 32:5, read 10:22 recess 31:14,15 40:6 7,10 12:15 33:14 32:14 37:7,23 15:22 50:7 41:13,15 relevant 40:25 18:12,17 52;22 42 :1 8:12,18 41:8,13, 20:25 recollectio 44:25 21:13 15 44:25 22:17,19 n 12:18 47:17,21 renovations 47:17,18, 23:22 49:17 14:1,2 19,20,21, 24:17 recommendat 22 48 _ 2, 30:11,23 ion 16:13 recused repeat 4,5,8,13 42'7 39:4,6 11:13 37:12,14 requested 38:1 record refer rephrase 22.19 46:21 4:15 5:20 16:12 5:5 47:7,13 7:6 12:8 reference report requests 48:19,24, 19:11,13 28:10 14:3 13:4,5 25 49:1, 22:1,5,19 16:17 10 53:24 27 :5 references reporter 22:4 42:1 reading 28:12,15, 27:13 7:4 22:20 required 49:13 18,19,21 referencing 53: 24 19:19,20 29:11 26:11 56:8,22 ready 30:3 57:1,10 residence 52:24 31:21 referred representat 9 :7 57:18 33:1,2, 28;2 30:8 ion 54:11 respect reason 34:7,11, referring 11:16 6:19 7:11 13 48:25 26:1,3 representat 12:19 49:1 50:9 277 ions 55:15 25:4 recall 51:2,5 reflect representin 43:19 8:25 52:12,23 57:4 g 4:21 45:7 13:2,4,18 54:1,4,5, 50:24 46:10,15 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com SCOTT MORGAN March 26, 2014 MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM Index: respectful ly..Stream respectfull y 29:17 respond 25:19 47:25 49:8 responded 50:1 response 37:23 47:24 49:16 responsible 22:13 responsive 27:18 32:6,14 rest 30:25 result 55:23 retired 9:14,16 review 11:17 13:14,22, 23,24 14:3 15:10 26:23 37:22 46:14 47:22 reviewing 42:10 room 42:19 52:16 57:15 routinely 44:15 S sanctions 50:21 57:13 school 7:24,25 8:2,4 Scott 4:1, 7 13:10 26:23 36:3 49:6 screen 28:13 29:19 Seaside 44:1 seat 57:19 seek 49:11,23 57:12 Self - explanatory 50:2 send 38:14,17 42:13,15 47:24 48:9 sense 26:6 48:20,21 September 49:6 services 51:2,10 52:19 54:12 serving 56:6 set 37:22 47:21 sheet 35:14 47:8 showed 29:18 showing 28:5 shown 58:6 signed 36:3 37:16 silly 30:17 simpler 23:24 single 43:15 Sir 50:19 51:5 55:4 sit 5:14, 15 6:7 16:18 29:6 50:19,23 51:5,6 57:7 sitting 38:25 57:18 skip 17:12 slide 47:8 Smith 18:12 2 0: 25 24:4 Snyder 15:22 soapbox 52:13 solicitor 42:21 43:3 son 19:6 15 54:4 57:8 space 47:22 speak 42:21 50:24 51:1,4 57:9 58 :11 speaking 29:7 speaks 21:1 specific 25:3 38:16 45:23 specificall y 11:10 13:9 speculate 14:9,13 speech 18:8 20:21 speeches 52:5 speed 51:21 Spence 42:5 43:8,9, 13,24 spoken 43:2,25 staff 17:10 4 7: 22 stance 45:7 stand 15:12 28:4 start 7:13 started 4:18 starting 19:4 starts 36:1 state 8:1 15:24 25:17 statements 22:5 29:10 statute 10:22 stayed 9:11 stick 20:3 sticker 34:5 atop 5:5 19:8 Stream 9:4,6,8, 13 12:23 13:2 16:17 26:24 36:2 41:25 O ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM 47:16 12:4,8,12 strict 14:8 21:4 15:20 17:16,18 Strike 18:10,14, 25:2 38:1 18,21 string 19:1,10, 28:11 12,15 20:11,14, studying 18 21:6, 42:14 14,21 subject 22:3,24 10:25 23:10 11:18 24:12,14, 37:6 16 25:22, 25 26:4, submitted 10,18 13:7 42:4 27:2,7, suggest 20,25 15:22 28:4,17, 20:24 22 29:4, 8,12 suggesting 30:2,7, 18:21 13,17,20 suspect 31:1,4,8, 19:2 11 32 :8, 26:13 19,22,24 36:7 33:19,22, suspend 24 34:3, 19:3 7,11,16, 50:20 21 35:4, 53:19 7,19 55:7,10, 36:4,23 17,25 37:1,8 38:3 suspending 39:12 54:20 40:9,14 Susquehanna 41:4,9 7:25 42:23 43:5,11 Sweetapple 44:8 4:14,18, 45:2,4, 21,25 13,15,22 5:14,16, 46:4,7, 23 6:1,4, 19,24 10,15 48:11,18, 7:19 25 49:18 50:6,14, 18 51:4, 7,13,19, 23,25 52:3,8, 15,23 53:5,7, 11,18 54:7,14, 19,24,25 55:3,6,8, 11,17 56:10,15, 17,19,20, 25 57:4, 10,11,14, 21 Swestapple' s 37:7 58:11 sworn 4:8 15:12 systems 9:20 T taking 10:14 2 0: 17 54:22 57:19 talk 43:23 52:3,9 56:21,25 57:7 talked 34:9 talking 26:17 28:24,25 34 :8 45:18 taped 15:15 telephone 41:25 telling 55:13 tenure 39:15 terminated 52:19 54:9,12, 13 55:14, 22 terminating 51:2,9 53:13 termination 55:18 testified 4:8 41:22 testify 14:12 39:18 testimony 15:14 thing 10:4 46 :18 things 16:9 20:8 thought 37:21 58:5 Thrasher 11:21 12:20 24:8 41:2 42:12,15 48:10 49:12,22 50:11 57:15 March 26, 2014 Index: strict-town throwing 28:23 time 5:4 8:23 16:24 17:2 21:10 22:12 26:14 29:16,23 31:2 32:5,9 40:5 41:14 45:18 46:22 50:15 53:23 54:17 55:25 times 5:3 17:10 30:24 39:6 titled 38:7 today 10:13 17:16 20:9 30:10 told 13:9 53:1 tolerance 58:14 top 47:3,8 topic 13:12 totally 17:23 town 12:23 13:1.7 ESQUIRE 800.211.DEPO (3376) S 0 1 U T 1 0 N s EsquireSolutions.com SCOTT MORGAN MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM Index: March 26, 2014 Town's-Yesterday 16:6,7 Vaguely week 15:1 38:23 23:12,14, U 10:21 44:17 weeks 15,20,22 vagueness 45:24 writing 24:2,21 25:4,8,9 uh -huh 30:16 withdrawn 47:18 18:18 26:24 variance 54:2 written 35:3 32:13,17, 23:18 witness 41:13 18 33:3 unable 42:3 variances 4:16,22 36:1 25:18 23:24 5:12,15, wrong 38:2 37:18 underlying 18,22,24 38:9,14, 25:23,25 varies 6:2,9,12, wrote 17 41:3, 14:15 37:16,24 26:2 16 14:14 25 42:21 vary 4:18 y 16:3 19:5 38:6 43:3 understand 44:24 4:13 6:23 verbal 21:15 45:6,12, 15:16 47:20 22:8 23:2 Y _ 16,20 21:6 verbally 29:23 32:9,20 46:6,16 49:19 7:4 year 13:3, 47:10,16 55:5 37:10 g 14:6 50:11 View 38:18 38:4 41:23 understands 39:24 Town's ng 16:3 vocalized 40:10,20 42:4 45:9 29:13 39:6 41:6,17 years 9:1, 30:16 voice 43:6,12 6 13:20 Township 7:25 understands 51:8,12 44:9 45:6 yesterday 7:5 voiced 46:22 24:6 transcribed 48:12,19 15:14 unilaterall 38:18 49:1,19 Y 57:22 voluminous 52:16 transition 58:9 University 29:10 57:6,14 8:1 58:7 trial 6:8 18:15 unnecessary W witnesses 17:23 15:1,10 true 54:6 unsophistic walk 57:24 wondered turn 56:12 ated 29:14 wanted 38:4 type 5:9 15:17 word 6:20 22:15 38:20 9:16 V typical wasting 24 :22 6:20 21:5 vague 21:10 work typically 25:18 watch 17:11,13 6:17 17:6 27:3 20:19 19:24 23:19 30:8,14, world 6:7 38:14 21 49:8, watching 8:12 17 21:23 write Water 46:4 37:17 ESQUIRE 800.211.DEPO (3376) Esq uireSolutions. com