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)
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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
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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.)
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SCOTT MORGAN March 26, 2014
MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM 3
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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.
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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.
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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,
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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.
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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,
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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?
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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
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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?
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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?
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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
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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
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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.
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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.
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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.
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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?
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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
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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
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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
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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.
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MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM
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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.
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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.
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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
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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
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SCOTT MORGAN
MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM
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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
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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.
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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 --
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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?
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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
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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
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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?
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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
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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
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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.
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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 --
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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.
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SCOTT MORGAN
MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM
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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?
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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 --
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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
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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.
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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
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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.
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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
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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".
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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."
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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.
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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?
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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.
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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
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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
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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
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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 --
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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.
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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
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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.
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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.)
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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.
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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
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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
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SCOTT MORGAN
MARTIN E. O'BOYLE -vs -TOWN OF GULF STREAM
I
DEPOSITION ERRATA SHEET
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SIGNATURE:
SCOTT MORGAN
ESQUIRE
Change to:
Change to:
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Change to:
DATE:
March 26, 2014
62
800.211.DEPO (3376)
EsquireSolutions. com
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SCOTT MORGAN
MARTIN E. O'BOYLE -vs- TOWN OF GULF STREAM
DEPOSITION ERRATA SHEET
Page No. Line No. Change to:_
Reason for change:_
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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)
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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)
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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 �
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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
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