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HomeMy Public PortalAboutPRR 15-1692From:james baker [mailto:jamesbakerrecordmaker @gmail.com] Sent: Saturday, January 03, 2015 9:06 AM To: Bill Thrasher Subject: Sweetapple, Blanc correspomdence - THIS IS A PUBLIC RECORD REQUEST THIS I5 A PUBLIC RECORDS REQUEST I make this request as per Article 1, Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes Records requested: Sweetapple correspondence to Judge Blanc as referenced in Jones + Foster billing Invoice number 176562 in entry dated 11- 04 -14. If any part of these records, are exempt from inspection or disclosure please cite the specific exemption as required by g119.07(1)(f) of the Florida Statutes. Your affirmative obligation, as per 5119.07(c) Florida Statues is to: 1) Promptly acknowledge receipt of this public records request and 2) Make a good faith effort which "includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and, if so, the location at which the record can be accessed." I request that you notify every individual in possession of records that may be responsive to this public records request to preserve all such records on an immediate basis.If the public records being sought are maintained by your agency in an electronic format please produce the records in the original electronic format in which they were created or received, refer to 5119.01(2)(f). Florida Statutes. Please produce only those records that can be obtained without incurring a charge to me for administrative support. Notify me in advance of incurring any fees you intend to charge me for any record production requiring administrative support before you incur this charge. If you anticipate the production of these public records to exceed $1.00 please notify me in advance of the record production with a written estimate of the total cost. Itemize any estimates indicating the total number of pages and /or records, and distinguish the cost of labor and materials. Notify me immediately prior to any action by you that would cost me more than $1.00. Respond to requester at: iamesbakerrecordmaker @gmail.com TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail January 5, 2015 James Baker [mail to: jamesbakerrecordmaker @gmail.com] Re: GS #1692 (Sweetapple, Blanc correspomdence) Sweetapple correspondence to Judge Blanc as referenced in Jones + Foster billinglnvoice number 176562 in entry dated 11- 04 -14. Dear James Baker [mail to: iamesbakerrecordmaker (a)gmail.coml, The Town of Gulf Stream received your public records request on January 3, 2015. If your request was received in writing, then the request can be found at the following link h_ttp://www2.gulf- stream. ora/ WebLink8 /0 /doc /33048/Pagel.asyx. If your request was verbal, then the description of your public records request is set forth in the italics above. In future correspondence, please refer to this public records request by the above referenced number. The Town of Gulf Stream is currently working on a large number of incoming public records requests. The Town will use its very best efforts to further respond to your public records request in a reasonable amount of time. Sincerely, Town Clerk LAW OFFICES OF SWEETAPPLE, BROEKER & VARKAS, P.L. DOUGLAS C. BROEKER, P.A 44 West Flagler Street, Ste. 1500 Miami, Florida 33130.6817 Telephone: (305) 374.5623 Facsimile: (305) 358 -1023 ROBERT A SWEETAPPLE DOUGLAS C. BROWER ALEXANDER D. VARKAS, JR, KADISHA D. PHELPS ASHLEIGH M. GREENE • aoAw c�nnmeosareulmWTroN Anoaaer r• BOARn CERTmFD CIV6n11AL ATIdINEY November 4, 2014 VIA HAND DELIVERY Honorable Peter D. Blanc Palm Beach County Courthouse 205 N. Dixie Highway West Palm Beach, Florida 33401 Re: Martin E. O'Boyle V. The Town of Gulf Stream Case No.:2014 -CA- 004474 -AG, Palm Beach County Dear Judge Blanc: SWEETAPPLE & VARKAS, P.A. 20 S.E. 3i° Street Boea Raton, Florida 334324914 Telephone: (561) 392 -1230 Facsimile: (561) 394.6102 Pleose Reply To: Boca Raton &Mail: ms clapple@meetapplelaw.com warkas@sweetapplelaw,wat kphelps ©sweetapplelaw.com ebeiley ©sweetapplelaw.min dsmith@sweetapplelaw.com Paralegals: Cynthia J. Bailey, CP, FCP, FRP Deborah Smith, CP, FRP Jamie Arden, FRP Enclosed is a copy of the Defendant, Town of Gulf Stream's, Motion for Scheduling Conference plus attachment, along with a Notice of Hearing setting this matter for Uniform Motion Calendar on November 18, 2014. Respectfully Submitted, ROBERT ETAPPLE RAS:cjb Encls. Cc: Counsel of Record Filing # 19885580 Electronically Filed 10/27/2014 11:3528 PM IN THE CIRCUIT COURT OF THE 15T14 JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA MARTIN E. O'BOYLE, CASE NO.: 502014CA004474XXXXMB DIVISION: AG Plaintiff, V. TOWN OF GULF STREAM, Defendant, DEFENDANT'S MOTION FOR SCHEDULING CONFERENCE Defendant, TOWN OF GULF STREAM, by and through undersigned counsel, moves this Court for a scheduling conference and as grounds therefor would show unto the Court: 1. The Town of Gulf Stream has filed a Motion for Sanctions and Amendment to Motion for Sanctions directed against Plaintiff, Martin O'Boyle, Jonathan O'Boyle, Esquire, and William Ring, Esquire. The litigation abuse chronicled in the motion is ongoing with Plaintiff flying banners throughout Palm Beach County stating that "GS Mayor Scott Morgan is Asshole of the Year ", "G.S. Little Mayor Morgan is a Big Pussy ", "GS Mayor Morgan is a Wimpy Little Turd" and "Bob Sweetapple Lays Smelly Farts ". 2. In addition, Plaintiff has filed a Verified Motion to Disqualify Defendant's Counsel. The motion is a sham. A responsive affidavit of Joel Chandler is attached as Exhibit "A ". 3. Defendant commenced the deposition of Martin O'Boyle with regard to the Motion for Sanctions and Amendment thereto. That deposition has not been concluded. Defendant requests a Court order compelling the conclusion of the deposition of Martin O'Boyle as to the Motion for Sanction and the recently filed Motion to Disqualify. Counsel for Plaintiff refuses and has failed to cooperate with regard to the scheduling of further depositions. LAW OFFICES OF S WEETAPPLE, BROEKER $ VARKAS, P.L. 20 S.E.3PO STREET, BOCA RATON, FLORIDA 3 343 2 -3 911 Martin E. O'Boyle v. Town of Gul£ stream Case No. 502014CA004474XXXXMBAG; Palm Beach County 4. As demonstrated in the commencement of the deposition of Martin O'Boyle, Mr. O'Boyle has been repeatedly sanctioned by courts for litigation abuse. (See deposition transcript of Martin O'Boyle taken on September 15, 2014 attached as Exhibit "B "). 5. A protective order with regard to the noticed depositions of Jonathan O'Boyle and attorney William Ring has been sought. Defendant has filed a response to this motion. The Motion for Protective Order should be denied. These individuals should also be compelled to appear for deposition with regard to the Motion for Sanctions directed against them and the Motion to Disqualify. 6. Defendant has also attempted to subpoena Brenda Russell, the alleged Secretary of Citizens Awareness Foundation, Inc. ( "CAFI ") who verified the Motion to Disqualify. She has avoided service. Counsel for Martin O'Boyle, who filed the Verified Motion to Disqualify, also refuses to allow Ms. Russell to be scheduled for deposition. 7. Martin O'Boyle has failed to identify who is flying the banners, The O'Boyle's own an entity by the name of CRO Aviation, Inc., of which Sheila O'Boyle, the wife of Martin O'Boyle, is the registered agent. Defendant requests that this Court schedule the deposition of Sheila O'Boyle as registered agent of CRO Aviation, Inc., so that Defendant may to learn the identity of those individuals involved in the flying of the banners. 8. Defendant is also in need of the depositions of Ryan Witmer, Esquire, and Denise DeMartini and asks the Court schedule these depositions as well as they related to the pending motions. WHEREFORE, Defendant, TOWN OF GULF STREAM, prays for a scheduling conference to schedule depositions of: Martin O'Boyle, Jonathan O'Boyle, William Ring, Brenda Russell, Sheila O'Boyle, Ryan Witmer, Esquire, and Denise DeMartini with regard to the Motion for Sanctions and Motion to Disqualify. 2 LAW OFFICES OF S WEETAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 3" STREET, BOcA RATON, FLORIDA 33432-3911 Martin E. O'Boyle v. Town of Gulfstream Case No. 502014CA004474XXXXMBAG; Palm Beach County Respectfully submitted, SWEETAPPLE, BROEKER & VARKAS, PL Co- Counsel for Defendants 20 S.E. 3rd Street Boca Raton, Florida 33432 Telephone: (561) 392 -1230 E- Mail :ppleadings @sweetapplelaw.com By: ROBERT A. SWEETAPPLE Florida Bar No. 0296988 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served via the E- Filing Portal this 27h day of October, 2014 to: Mitchell W. Berger, Esquire and Steven B. Weber, Esquire, Berger Singerman, LLP, 350 E, Las Olas Blvd, Suite 1000, Ft. Lauderdale, FL 33301 (Telephone: 954 -525 -9900; Email: drt @bergersingerman.com; mberger @bergersingerman.com; sweber@bergersingerman.com; mvega @bergersignerman.com); Daniel DeSouza, Esquire, DeSouza Law, P.A., 1515 University Drive, Suite 209, Coral Springs, Florida 33071 (Telephone: 954 -551 -5320; E- Mail:DDesouza @desouzalaw.com); Nick Taylor, Esquire, The O'Boyle Law Firm, P.C., 1286 West Newport Center Drive, Deerfield Beach, Florida 33442 (Telephone: 954- 574 -6885; E -mail: oboylecourtdocs @oboylelawfirm.com; ntaylor @oboylelawfirm.com); William Ring, Esquire, Commerce Group, Inc., 1286 W. Newport Center Drive, Deerfield Beach, Florida 33442 (Telephone: 954 -574 -6885; Email: wring @commerce- group.com); Joanne O'Connor, Esquire, John C. Randolph, Esquire and Ashlee A. Richman, Esquire, Jones, Foster, Johnston & Stubbs, P.A., 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33402 (Telephone: 561- 659 -3000; Email:joconnor @jonesfoster.com; jandolph@jonesfoster.com; arichman@jonesfoster.com). By: ROBERTA. SWEETAPPLE Florida Bar No. 0296988 3 LAW OFFICES OF SWEETAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 3' STREET, BOCA RATON, FLORIDA 33432 -3911 AFFIDAVIT OF JOEL EDWARD CHANDLER BEFORE ME, the undersigned authority, personally appeared JOEL CHANDLER, who after being duly sworn, deposes and says that: 1. My name is JOEL CHANDLER. 2. I am over eighteen (18) years of age. 3. I am a resident of Polk County, Florida. 4. I have personal knowledge of every assertion made in this affidavit. S. Citizens Awareness Foundation, Inc., (herein "CAFI'), was formed as a Florida not - for - profit corporation by Martin O'Boyle in concert with his son, Jonathan O'Boyle. 6. Jonathan O'Boyle is an attorney admitted in Pennsylvania and New Jersey, but not admitted to practice in Florida. 7. In January 2014, I was solicited by Martin O'Boyle to lead a not - for - profit corporation that was, he said, intended to promote open government. That not - for - profit corporation was created at Martin O'Boyle's direction and became known as the "Citizens Awareness Foundation, Inc." or "CAFI." S. During my discussions with Martin O'Boyle, wherein he sought to hire me to serve as the leader of CAFI, we explicitly agreed that CAFI would have an independent Board of Directors; that the Board of Directors would be entirely free from the influence of Martin O'Boyle or the O'Boyle Law Firm; that I would have absolute and sole discretion regarding the commencement and resolution of open government litigation on behalf of CAFI, and; subject only to the independent Board of Directors, I would have the authority to select and retain law firms for the purpose of engaging in open government litigation. EXHIBIT —f - —) 9. During January or February of 2014,1 participated in a telephone conversation with Martin O'Boyle and Robert "Bob" Tweel, a tax attorney from West Virginia. Martin O'Boyle and I discussed with Mr. Tweel the absolute necessity that CAFI be a legitimate not - for - profit entity. This included, but was not limited to, the requirement that CAFI use a variety of law firms to represent it so as to avoid the appearance of self - dealing. 10. Martin O'Boyle indicated to Mr. Tweel and to me that he was going to loan all necessary monies to fund CAFI and, after 501(c)(3) status was acquired, write off as a charitable donation all of the monies he had loaned to CAFI. After leaving this meeting I was particularly encouraged that Martin O'Boyle was genuine in his interest to establish a bona fide not- for - profit entity of which I would serve as the Executive Director and that CAM would afford me the opportunity to more effectively continue my work as a civil rights activist and advocate for open government. 11. Martin O'Boyle appointed Brenda Russell, William Ring and Denise DeMartini to the CAFI Board. 12. Brenda Russell is Martin O'Boyle's long time secretary. She was never present for meetings. In fact, no formal meetings of the Board were ever called or held. For a brief time, Brenda Russell collected my travel and business receipts, all of which were subject to the approval of Martin O'Boyle. 13. William Ring is Martin O'Boyle's longtime business associate and corporate attorney. 14. Denise DeMartini is the long -time employee of Martin O'Boyle or entities that he controls. 15. All of my negotiations for employment by CAFI were with Martin O'Boyle. At no time did I engage in any negotiations regarding the details of my employment, including my compensations, with anyone other than Martin O'Boyle. 16. At Martin O'Boyle's direction I drafted and signed a proposed memorandum of understanding regarding my employment by CAFI. I have never received a copy of the proposed memorandum of understanding signed or approved by the board of CAFI. 17. I served as the Executive Director of CAFI for approximately five (5) months, through the end of June 2014. 18. I resigned because of repeated instances of conduct perpetuated by Martin O'Boyle, Jonathan O'Boyle, William Ring, Denise DeMartini, and some of the attorneys at the O'Boyle Law Firm, P.C., Inc., (herein the "O'Boyle Law Firm "), as set forth herein, which I believe may be criminal, fraudulent and unethical. 19. My relationship with the O'Boyle Law Firm was not limited to my capacity as the Executive Director of CAFI. As the individual plaintiff in several open government lawsuits, I had retained the O'Boyle Law Firm as my personal legal counsel. 20. My communications with the attorneys of the O'Boyle Law Firm, including Jonathan O'Boyle, affected both CAFI and me, as an individual client. 2l. Martin O'Boyle and Jonathan O'Boyle told me that Martin O'Boyle was funding the O'Boyle Law Firm. 22. Martin O'Boyle told me that he was also funding CAFI. 23. The Martin O'Boyle business entities, including Commerce Group, Inc., CAFI, and the O'Boyle Law Firm operated from the same physical location and were controlled by Martin O'Boyle. 24. Despite assurances that CAFI would be independent and not - for - profit, Martin O'Boyle and the O'Boyle Law Firm used CAFI for the sole purpose of generating attorney's fees for the O'Boyle Law Firm. 25. Throughout my tenure with CAFI,1 repeatedly demanded that lawsuits not be filed or settled without my direct authorization. 26. In spite of Martin O'Boyle's initial assurances to the contrary, I was not permitted to retain legal counsel on behalf of CAFI, other than the O'Boyle Law Finn. William Ring, CAM's President and Martin O'Boyle's proxy, communicated this to me. 27. On numerous occasions, I learned that the O'Boyle Law Finn, on behalf of CAFI, had filed lawsuits, without my knowledge or authorization. 28. The O'Boyle Law Firm routinely settled cases without written fee agreements, contingency agreements or closing statements. No accountings of the monies received were provided to me despite my repeated requests for that documentation. 29. Repeatedly, I advised Martin O'Boyle, William Ring and Jonathan O'Boyle that my other personal attorneys had advised it was a serious Bar violation to disburse settlement funds without client approval or closing statements. 30. Despite my protests, the O'Boyle Law Finn continued to file and settle lawsuits on behalf of CAFI and to collect and keep settlement payments. At no time was I ever presented with any form of accounting for legal fees or the disbursement of settlement payments. 31. During the O'Boyle Law Firm's representation of CAFI and me, l was personally present, or present by telephone, at numerous O'Boyle Law Firm meetings. Denise DeMartini, Martin O'Boyle's executive assistant and Director of CAFI, conducted these aw firm meetings. During these meetings, and in my presence, many pending cases were discussed. These discussions included the details of cases to which neither CAFI nor I were parties. Denise DeMartini is not a member of the Florida Bar. 32. It became commonplace for Martin O'Boyle to express his opinions and to offer his advice with respect to litigation strategies and on the conduct of CAFI lawsuits as well as the cases of other firm clients. Jonathan O'Boyle actively participated in these discussions and, in my presence, directed the work of O'Boyle Law Firm attorneys and made litigation decisions. 33. During the course of my employment I learned that Martin O'Boyle directed his secretary to file in excess of 100 public records requests to the Town of Gulf Stream, under the pretense that these were being filed on behalf of CAFL He also ordered that lawsuits be filed by CAFI against the Town of Gulf Stream. This was done without my authority and litigation was filed over my objection. 34. When I complained about the fact that Martin and Jonathan O'Boyle were not honoring the commitment that I would have sole authority to make public records requests and conduct litigation, I was told by William Ring that this was "the way Big Daddy wants it ", i.e., Martin O'Boyle. Otherwise, "Big Daddy will turn-off the spigot of money ". 35. Jonathan O'Boyle advised me that he was not a member of the Florida Bar but would be become a member within days. During the five months that I worked with CAF], Jonathan O'Boyle worked full -time at the O'Boyle Law Firm providing legal advice, directing the administration of cases, and assuming responsibility for cases. 36. The O'Boyle Law Firm and Jonathan O'Boyle prosecuted and filed some cases without my permission and settled some cases without my knowledge or consent. 37. No retainer agreements were ever entered into with me on behalf of CAFI. No contingency agreements were entered into with me on behalf of CAFI. No closing statements were ever presented to me and it appears that all monies that were solicited from defendants were paid directly to the O'Boyle Law Firm. 38. Martin O'Boyle, through his entities, funded all of the filing fees and expenses of CAFI as well as the expenses of the O'Boyle Law Firm. CAFI has now filed scores, if not hundreds, of cases against state and local agencies throughout Florida as well as various state contractors. 39. The employees of all of Martin O'Boyle's entities, including The Commerce Group, Inc., CAFI and the O'Boyle Law Firm were shared. Denise DeMartini and William Ring worked for Martin O'Boyle, CAFI and the O'Boyle Law Firm. 40. Although Martin O'Boyle named Denise DeMartini a director of CAFI, she also directed the operations of the O'Boyle Law Firm and conducted law firm meetings. 41. Denise DeMartini repeatedly stated that CAFI was required to file at least one hundred lawsuits a month; that all lawsuits had to be directed to the O'Boyle Law Firm for prosecution, and; that as my direct supervisor, she would evaluate my performance based upon my ability to deliver a minimum of twenty-five case per week to the O'Boyle Law Firm. 42. Through William Ring, Martin O'Boyle insisted that the O'Boyle Law Firm handle all litigation. 43. Martin O'Boyle told me he had unlimited money to pay filing fees for CAFI cases and I was to file as many cases as possible. 44. When 1 asked Martin O'Boyle to quantify how many cases he was willing to finance he said it was virtually unlimited. When I again tried to clarify by asking him if he was willing to finance three thousand (3,000) cases in a single year, he said "sure." 45. When I learned it was the policy and practice of the O'Boyle Law Firm to demand settlement of cases against government entities and state contractors for attorney's fees in excess of the fees actually earned I was livid. In fact, I confronted William Ring, Denise DeMartini and Jonathan O'Boyle in May of 2014 and stated in unequivocal terms that I would resign if it didn't stop. 46. In one telephone conversation with Jonathan O'Boyle I warned him at least six times that I was going to resign and that I objected to Denise DeMartini's demands that I produce 100 cases per month, her control of the O'Boyle Law Firm and the windfall scheme of collecting more monies in attorney's fees from defendants, than had actually been earned. 47. Despite these complaints, William Ring, Denise DeMartini and Jonathan O'Boyle told members of the firm that I had authorized the windfall scheme. When I learned of this I confronted those involved. Nick Taylor, Esquire confirmed that despite my objection, the windfall scheme would continue as firm policy. Shortly thereafter, I announced my resignation. 48. Ryan Witmer and Giovanni Mesa announced they were also going to resign. 49. William Ring announced he was going to become a member of the O'Boyle Law Firm at about that time. 50, After I resigned, Martin O'Boyle contacted me by telephone and demanded that I withdraw an email I had sent to Nick Taylor regarding Jonathan O'Boyle's unlicensed practice of law and Jonathan O'Boyle's authorship of the windfall scheme. During that call, which was my last conversation with Martin O'Boyle, he repeatedly threatened to bring great "unpleasantness" to my life if I failed to renounce my email to Nick Taylor. 51. Thereafter, Martin O'Boyle repeatedly attempted to contact me by telephone and email seeking my assistance to facilitate CAM in filing additional lawsuits. 52. After resigning from CAFI I sent an email to numerous newspaper and television news reporters announcing my resignation. I copied that announcement to dozens of individuals, including Robert Sweetapple, Esquire, to notify them of my disassociation and disapproval of the O'Boyles and their activities. 53. Within a few days of my resignation from CAFI, I granted an interview with a reporter from the Lakeland Ledger and provided many of the details contained within this affidavit. 54. Prior to emailing Robert Sweetapple, I had never met him, spoken to him, nor had he or any members of his firm contacted me. 55. Prior to my emailing the law firm of Jones Foster, I had never had any contact with Joanne O'Connor, Esquire, or any member of that law firm. 56. My subsequent contact with Robert Sweetapple and Joanne O'Conner was entirely the result of own initiative. 57. I sent my email to Robert Sweetapple because I knew he represented the Town of Gulf Stream, which I believed was being victimized by Martin O'Boyle and the O'Boyle Law Firm and I was concerned that the conduct of Martin O'Boyle and the O'Boyle Law Firm might be illegal and fraudulent. 5 8. 1 believed that I had a duty to make all victims, including the Town of Gulf Stream, aware of what I learned during my association with Martin and Jonathan O'Boyle. For example, Martin O'Boyle's orchestration of more than one hundred public records requests being served upon the Town of Gulf Stream, allegedly under the name of CAFI, but without my authorization; Martin O'Boyle's direction that lawsuits be filed by the O'Boyle Law Finn in the name of CAFI against the Town of Gulf Stream but without my authorization, and; in spite of my objections, Martin O'Boyle's use of CAFI as a weapon in his personal vendetta against the Town. 59. Prior to contacting Robert Sweetapple to make him aware of my concerns regarding Martin and Jonathan O'Boyle's conduct, I met with numerous private attorneys. As a result of those meetings I concluded that I had a duty to disassociate myself from the O'Boyles and to make full disclosure of any illegal and fraudulent activities. I have also contacted numerous other victims and their attorneys to advise them of the conduct of the O'Boyles and to provide them with evidence of such conduct. 60. Before speaking with Robert Sweetapple on the phone I spoke with Joanne O'Connor by telephone and made her aware of the misconduct. 61.1 then provided to Robert Sweetapple evidence of what I believe may be fmudulent and criminal conduct as well as a detailed chronology of events. 62. Thereafter, I spoke with Robert Sweetapple and gave him permission to meet with me and to take a voluntary sworn video statement concerning my involvement with Martin O'Boyle, Jonathan O'Boyle, CAFI and the O'Boyle Law Firm. 63. At all times Robert Sweetapple made me aware of the application of the lawyer - client privilege, both as it pertained to CAFI and to me personally. I determined, based upon independent legal advice, that I was fully permitted and had a duty to disclose what I believe to be the criminal and fraudulent conduct of Martin O'Boyle, Jonathan O'Boyle, CAFl and the O'Boyle Law Firm. I also voluntarily waived privileged matters that arose from the joint representation by the O'Boyle Law Firm. 64. In spite of the many contrary assurances made by Martin O'Boyle to me, including the exercise of my independent judgment and meaningful economic resources to be used to promote the public's right to access government records and meeting, in reality CAFI's sole purpose is to serve as an exclusive in -house mechanism whereby the O'Boyle Law Firm can generate legal fees by filing hundreds of open government lawsuits. 65. The egregiousness of the scheme was exacerbated by the O'Boyle Law Firm's policy of demanding excessive and unearned legal fees from defendants as a condition of settlement. 66. Simply put, CAFI is a profit - generating scheme funded by Martin O'Boyle to produce fees for his son's legal practice. 67. Allegations that Joanne O'Conner, Robert Sweetapple or their firms purposely solicited and obtained confidential information from me is false. The allegation that this was done to gain an unfair advantage in litigation is further false. 68. The information that I provided to Robert Sweetapple and Joanne O'Connor was not intended to provide an unfair advantage to the Town of Gulf Stream, but to make the Town and all other victims aware of what I believe to be the fraudulent, criminal and professionally unethical conduct of Martin O'Boyle, Jonathan O'Boyle, CAM and the O'Boyle Law Firm. 69. Robert Sweetapple and Joanne O'Connor did not solicit privileged information from me. I voluntarily contacted them and made my own determination, after meetings with 10 independent counsel, as to what information and documents to provide to victims, 70. My sole motivation for contacting the media, victims and their attorneys, proving evidence, inviting the taking of my sworn statements and authoring this affidavit is to protect the essential civil right of all Floridians to know what their government is doing in their name and at their expense. It is my considered opinion that the unconscionable conduct of Martin O'Boyle, Jonathan O'Boyle, CAFI and the O'Boyle Law Firm serves as an example of the abuse of our legal system and will be used by opponents of open govennnent as an excuse to limit the public's right to know. FURTHER AFFIANT SAYETH NAUGH . _ L" JotoiANDLER SWORN "f0 AND SUBSCRIBED before me this�'� day of October, 2014. �os(e� AMBER CCLSCN KELLY ' ° - Notary Public - $late of Florida My Comm. Expires May 31, 2015 - `'�', ?,w,t {•' Commission # EE 166909 Personally known Produced Identification Identification produced: R_ QL My Commissions Expires: Mi 31,2U �5 1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA 2 CASE No.502014CA004474XXXXMB 3 MARTIN E. O'BOYLE, CERTIFIED 4 ORIGINAL Plaintiff, 5 -vs- VOLUME I 6 TOWN OF GULF STREAM, 7 Defendant. B � 9 10 VIDEOTAPED DEPOSITION OF MARTIN E. O'BOYLE TAKEN AT THE INSTANCE OF THE DEFENDANT 11 Monday, September 15, 2014 12 9:50 a.m. - 5:47 p.m. 13 14 15 224 Datura Street Suite 1405 16 West Palm Beach, Florida 33401 17 18 19 Reported By: Debra Duran - Bornstein, RPR 20 Notary Public, State of Florida Debra Duran & Associates 21 22 23 24 25 EXHIBIT .6 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 2 Page 3 I APPEARANCES, 3 2 on behalf of the Vlalntifl: 2 ALSO PRESENT: 3 DANIEL DESOUXA, ESQUIRE DESOUEA LAW, P.A. 3 William Ring, eaquise 4 Isis N. University Drive The O'Boyle Law Firm PC, Inc. Suite 209 4 5 Coral Sprli,gv, Florida 33071 6 ,Jason Peterson, Videographer 7 NICK TAYLOR, BSOUIRE 5 Legal Oraphi ... rho TR8 O'BOYLE LAW FIRM P.C., INC. 6 Doug Stacy, Vldeogrephar 0 1286 West Newport Center Drive 7 Scott Morgan, Mayor Deerfield Beach, Florida 33442 9 Torn of Cult 6ttaen 10 On beha It of Jonathan O'Boyle, William Ring E A The O'Boyle Law Firm PC., Inc. Willie. Thrasher, Town Manager 11 9 Town of Gulf Stream CULVEP. SMITH, III, ESQUIRE 12 CULVER SMITH 111, P.A. 10 Christopher o'Hert 500 Australian Avenue South 11 13 Suite 600 12 Went Palm Beech, Floslda 33401 14 13 15 Co- Counsel on behalf of the Defendant: 14 16 ROBERT A. SWEBTAPPLE, ESQUIRE 15 9WEEIAPPLE. BROEKER 6 VARGAS, PL 16 17 20 S.E. 3rd Street tlaca Raton. PloiSda 33432 is 19 19 CG- COunael on behalf of the Defendant: 19 2D .JOANNE O'CONNOR, ESQUIRE 20 JONES, POSTER, JOHNSTON G STUBBS 21 505 South Flogiar Drive, Suite 1100 31 West Palm Beach, Florida 33401 22 22 23 23 24 24 25 25 Page 4 Page 5 1 - - - 1 PROCEEDINGS INDEX 2 ..- 2 3 3 Videotaped Deposition taken before Debra 4 WITNESS: DIRECT moss REDIRECT RECEDES 4 Doran- Bornstein, Registered Professional Reporter and 5 MARTIN o'BOYLE 5 Notary Public in and for the State of Florida at large, 6 6 in the above Cause. J BY MR. SWEETAPPLE: 6 7 B 9 a THE VIDEM?APHR: We are on the video record. 10 - - - 9 This is the 15th day of September, 2014. The time E X H I B I T s 10 is approximately 9:50 a.m. This is the videotaped 12 11 deposition of Martin O'Boyle, in the matter of NUMBER DESCRIPTION PAGE 12 O'Boyle versus the TWIn of Gulf Stream. 1e 13 This deposition is being held at 224 Datura DEFENDANT'S EX. 1 AFFIDAVIT 22 14 Street, suite 1405, West Palm Beach, Florida 33401. 15 DEFENDANT'S EX. 2 TOWN COMMISSION MEETING 43 15 My name is Jason Peterson. I'm the DEPENDANT'S EX. 3 PETITION IO GULF STREAM 6B 16 Videographer representing legal Graphicworks. 16 SPECIAL MAGISTRATE COURT DEPENDANT'S EX. 4 6TH CIRCUIT OPINION RR: 72 17 At this time would the attorneys please 17 O'BOYLE V GRUMMAN ET AL 18 announce their appearances for the record? DEFENDANT'S EX. 5 NEWSPAPER ARTICLE 100 18 DEFENDANT'S EX. 6 LAWSUIT FILED BY CITIZENS 19 MR. SWEECAPPLB: Plaintiffs. AWARENESS FOUNDATION 142 20 MR. TAYLOR: Nick Taylor, here for the 39 21 plaintiff. 20 (Eahlbit 6 was inadvertently taken and replaced) 21 22 MR. DESOMA: Dan DeSoua, on behalf of the 22 23 plaintiff. 23 24 W. SMITH: Culver Smith, representing 24 25 25 Jonathan O'Boyle, William Ring and the O'Boyle Law Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Pegc 7 Q. And is that an office building or what type of premise is that? A. I would call it a flex building. Q. Flex Wilding. All right. And how are you currently employed? A. I guess I'm not employed. Q. Okay. And are you associated with any entities for whom you perform services? A. Yes. Q. Okay. And what -- of those service== -, you are remmerated for or not remmerated far? A. You want to know if I've received any remmeration? Q. You said you ace rot employed. Are you working for coupensationn or for profit in any activities currently? A. I don't know hod to answer the question. Q. Let me break it don for you this way. Before I do, I notice that you have a gentleman who is videotaping us. Who is that gentleman that I'm looking at there? A. If you're looking at Doug Stacy, it is Doug Stacy. Q. And who is Mr. Stacy? A. He is a M. Pegs 9 services he's provided? A. Not that I know of. Q. We never received arty compensation at all for any of his work that has involved you a your companies; is that correct? MR. DESCOZA: Objection. Form. THE WITNESS: I don't know. BY MR. SWEEIAPPLE: Q. You don't know, or he hasn't? A. I don't know. Q. Who would know, that? Would Ms. De Iarmartini know whether or cot Mr. Stacy has been receiving money from any Of your entities? A. She may. Q. Okay. And hoe do you communicate with Mr. Stacy? By a -mail, by text, verbally? A. verbally, Q. Do you ever co®mmicate with him by e-mail? A. I don't think so. Q. How about by text? A. I don't think so. Q. And he has core with you to city hall in the past, has he nor? A. I don't think so. Q. Has he ever been with you and per formed Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Pxge 6 1 Firm. 1 2 MR. SWEE PLE: I believe Mr. Ring is also 2 3 here. He is counsel. Is he appearing on his own 3 4 behalf, or just as a party? 4 5 MR.SMITH: He is a party to your motion. 5 6 M. SWRETAPPLE: I'm Robert Sweetapple on 6 7 behalf of the Town of Gulf Stream. With rte is 7 8 Joanre O'COnoer from Jones Foster, and Yayor Morgan e 9 is also in the deposition. 9 10 MR. DESOIPZA: And Mr. Thrasher. 10 11 MR. SWERTIUVLB; And Mr. Thrasher is here as 11 12 well. 12 13 'Thereupon, 13 14 (hWR7'IN O'BOYIE) 14 IS having been first duly sworn or affirmed, was examined 15 16 and testifier) as follows: 16 17 DIRECT EXAMIMfTICN 17 18 THE WITNESS; I affirm to tell the truth. 18 19 BY MR. SHEETAPPLE: 19 20 Q. Would you please state your name, Sir, 20 21 A. Martin E. O'Boyle. 21 22 Q. hid W. O'Boyle, what is your business 22 23 address? 23 24 A. 1260 West Newport Center Drive, Deerfield 24 25 Beach, Florida, 25 Pegc 7 Q. And is that an office building or what type of premise is that? A. I would call it a flex building. Q. Flex Wilding. All right. And how are you currently employed? A. I guess I'm not employed. Q. Okay. And are you associated with any entities for whom you perform services? A. Yes. Q. Okay. And what -- of those service== -, you are remmerated for or not remmerated far? A. You want to know if I've received any remmeration? Q. You said you ace rot employed. Are you working for coupensationn or for profit in any activities currently? A. I don't know hod to answer the question. Q. Let me break it don for you this way. Before I do, I notice that you have a gentleman who is videotaping us. Who is that gentleman that I'm looking at there? A. If you're looking at Doug Stacy, it is Doug Stacy. Q. And who is Mr. Stacy? A. He is a M. Pegs 9 services he's provided? A. Not that I know of. Q. We never received arty compensation at all for any of his work that has involved you a your companies; is that correct? MR. DESCOZA: Objection. Form. THE WITNESS: I don't know. BY MR. SWEEIAPPLE: Q. You don't know, or he hasn't? A. I don't know. Q. Who would know, that? Would Ms. De Iarmartini know whether or cot Mr. Stacy has been receiving money from any Of your entities? A. She may. Q. Okay. And hoe do you communicate with Mr. Stacy? By a -mail, by text, verbally? A. verbally, Q. Do you ever co®mmicate with him by e-mail? A. I don't think so. Q. How about by text? A. I don't think so. Q. And he has core with you to city hall in the past, has he nor? A. I don't think so. Q. Has he ever been with you and per formed Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 9 1 Q. I understand. Is he in your employee in 1 2 any -- directly or indirectly? 2 3 A. No. 3 4 Q. noes he work for any entity that you have an 4 5 interest in? 5 6 A. No. 6 7 Q. Do you know why he is here? 7 8 A. Yes. To videotape. 6 9 Q. And who asked him to be here? 9 10 A. I did. 10 11 Q. You did. And he is here as a volunteer; he 11 12 works without compensation? 12 13 A. You know, I don't know. I never asked. 13 14 Q. You don't know if he is working for you as an 14 15 investigator and being coapansated? 15 16 A. I don't think he is working for me an an 16 17 investigator. 17 18 Q. Has he ever worked for you in any capacity? 18 19 A. Be has doe things for me, yes. 19 20 Q. Has he ever worked for any of your entities, 20 21 any entity in which you have an interest? 21 22 A. I think he has done things for entities that I 22 23 have an interest. 23 24 Q. And has he been compensated in the past by you 24 25 or any entity in which you have an interest for any 25 Pegc 7 Q. And is that an office building or what type of premise is that? A. I would call it a flex building. Q. Flex Wilding. All right. And how are you currently employed? A. I guess I'm not employed. Q. Okay. And are you associated with any entities for whom you perform services? A. Yes. Q. Okay. And what -- of those service== -, you are remmerated for or not remmerated far? A. You want to know if I've received any remmeration? Q. You said you ace rot employed. Are you working for coupensationn or for profit in any activities currently? A. I don't know hod to answer the question. Q. Let me break it don for you this way. Before I do, I notice that you have a gentleman who is videotaping us. Who is that gentleman that I'm looking at there? A. If you're looking at Doug Stacy, it is Doug Stacy. Q. And who is Mr. Stacy? A. He is a M. Pegs 9 services he's provided? A. Not that I know of. Q. We never received arty compensation at all for any of his work that has involved you a your companies; is that correct? MR. DESCOZA: Objection. Form. THE WITNESS: I don't know. BY MR. SWEEIAPPLE: Q. You don't know, or he hasn't? A. I don't know. Q. Who would know, that? Would Ms. De Iarmartini know whether or cot Mr. Stacy has been receiving money from any Of your entities? A. She may. Q. Okay. And hoe do you communicate with Mr. Stacy? By a -mail, by text, verbally? A. verbally, Q. Do you ever co®mmicate with him by e-mail? A. I don't think so. Q. How about by text? A. I don't think so. Q. And he has core with you to city hall in the past, has he nor? A. I don't think so. Q. Has he ever been with you and per formed Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page I I when you've been deposed? A. Never. Q, And I'm net looking for your opinions; is that understood? A. I wrote "not opinion, only facts.^ Q. Right. And I'm not looking for you to speculate or guess, so if you don't know the answer to a question, please just tell me you don't know the answer. Don't tell me might be, my be, or guess. Is that understood? Is that understood, air? A. I think so. Q. I see you're writing down some of the things that I'm pointing out to you. Is that your practice in depositions to write down things that the lawyer questioning you says in addition to videotaping him? A. I try to understand it, and the best way to do it is to sometimes have it in front of, Q. What is your educational background, air? A. I went to the 11th grade. Q. You didn't go to the 12th grade? A. No. Q. I thought you dropped rot of high school in 12th grade according to the materials you disseminated to the people in the Town of Gulf Stream. Page 13 sure we're on the sare page. When I walked in the roan, Mr. O'Boyle, I saw, a picture of an Air Stream trailer, and it says "Sweetapple's Beach." I'm sure it's in the videotape if I step back. I'll move this Lox of ay materials that I'll be questioning you about. Did you bring that with you here today? A. I did. Q. And did your attorneys see you bring that into this deposition? A. No. Q. And why did you bring that to this deposition? A. Because I think it fits in the overall scheme of what ym're going to ask. Q. So you have anticipated what my questions are here today? A. I didn't say that. Q. And with regard to -- let's go back now with regard to my questioning of you. If I do ask you something that you don't understand, what I would like you to do is to wait until I conclude my question, and then tell me you don't understand and I'll rephrase it. Is that fair, Mr. O'Boyle? A. I assume when you say wait for him to finish, Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 10 Page 12 1 filming at city hall? 1 2 A. I don't think he's ever been to city hall. 2 3 Q. Town Hall in Gulf Stream, 3 4 A. I don't think an. Wait a second. He may 4 5 have. 5 6 Q. You say "might have." That is the second time 6 7 you've said that. 7 8 Have you ever had your deposition taken 8 9 before, Mr. O'Boyle? 9 10 A. I have, 10 11 Q. How many times? 11 12 A. I wild say more than five. 12 13 Q. More than ten or less than ten? 13 14 A. I would say less than ten. 14 15 Q. I presume you've been told the normal advice 15 16 at the commencement of a deposition, but I'll go ahead 16 17 and repeat those just in case. 17 18 I'm looking for your personal knowledge based IB 19 m any facts that you're aware of personally, not your 19 20 opinions, You understand that, don't you? 20 21 Do you understand that? 21 22 A. You only want facts. 22 23 Q. Right. You've written that down I ace. 23 24 A. Yes. 24 25 Q. And have you ever been told that previously 25 Page I I when you've been deposed? A. Never. Q, And I'm net looking for your opinions; is that understood? A. I wrote "not opinion, only facts.^ Q. Right. And I'm not looking for you to speculate or guess, so if you don't know the answer to a question, please just tell me you don't know the answer. Don't tell me might be, my be, or guess. Is that understood? Is that understood, air? A. I think so. Q. I see you're writing down some of the things that I'm pointing out to you. Is that your practice in depositions to write down things that the lawyer questioning you says in addition to videotaping him? A. I try to understand it, and the best way to do it is to sometimes have it in front of, Q. What is your educational background, air? A. I went to the 11th grade. Q. You didn't go to the 12th grade? A. No. Q. I thought you dropped rot of high school in 12th grade according to the materials you disseminated to the people in the Town of Gulf Stream. Page 13 sure we're on the sare page. When I walked in the roan, Mr. O'Boyle, I saw, a picture of an Air Stream trailer, and it says "Sweetapple's Beach." I'm sure it's in the videotape if I step back. I'll move this Lox of ay materials that I'll be questioning you about. Did you bring that with you here today? A. I did. Q. And did your attorneys see you bring that into this deposition? A. No. Q. And why did you bring that to this deposition? A. Because I think it fits in the overall scheme of what ym're going to ask. Q. So you have anticipated what my questions are here today? A. I didn't say that. Q. And with regard to -- let's go back now with regard to my questioning of you. If I do ask you something that you don't understand, what I would like you to do is to wait until I conclude my question, and then tell me you don't understand and I'll rephrase it. Is that fair, Mr. O'Boyle? A. I assume when you say wait for him to finish, Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 12 1 A. I finished the 11th grade. 1 2 Q. What school did you finish 11th Grade? 2 3 A. Collingswood High School. 3 4 Q. What year did you finish the 11th grade? 4 5 A. I think '68. 5 6 Q. And did you pass the 11th grade? 6 7 A. Yes. 7 8 Q. And you never started in 12th grade; is that a 9 =Tract? 9 10 A. That's wrong. 10 11 Q. Did you start 12th grade7 11 12 A. Yes, I did. 12 13 Q. And how far into 12th grade did you go? 13 14 A. A little over six weeks. 14 15 Q. You can read and write, correct? 15 16 A. Yes. I can read and write. 16 17 Q. Are you capable of answering my questions 17 le without writing every time I say something? 18 19 A. I'm not sure. 19 20 Q. Okay. Do yon realize that if you proceed to 20 21 write notes to yourself during this deposition, that 21 22 will prolong this process? 22 23 A. I'd rather have it take longer and do it 23 24 right. 24 25 Q. That's enact the way I feel. I want to make 25 Page I I when you've been deposed? A. Never. Q, And I'm net looking for your opinions; is that understood? A. I wrote "not opinion, only facts.^ Q. Right. And I'm not looking for you to speculate or guess, so if you don't know the answer to a question, please just tell me you don't know the answer. Don't tell me might be, my be, or guess. Is that understood? Is that understood, air? A. I think so. Q. I see you're writing down some of the things that I'm pointing out to you. Is that your practice in depositions to write down things that the lawyer questioning you says in addition to videotaping him? A. I try to understand it, and the best way to do it is to sometimes have it in front of, Q. What is your educational background, air? A. I went to the 11th grade. Q. You didn't go to the 12th grade? A. No. Q. I thought you dropped rot of high school in 12th grade according to the materials you disseminated to the people in the Town of Gulf Stream. Page 13 sure we're on the sare page. When I walked in the roan, Mr. O'Boyle, I saw, a picture of an Air Stream trailer, and it says "Sweetapple's Beach." I'm sure it's in the videotape if I step back. I'll move this Lox of ay materials that I'll be questioning you about. Did you bring that with you here today? A. I did. Q. And did your attorneys see you bring that into this deposition? A. No. Q. And why did you bring that to this deposition? A. Because I think it fits in the overall scheme of what ym're going to ask. Q. So you have anticipated what my questions are here today? A. I didn't say that. Q. And with regard to -- let's go back now with regard to my questioning of you. If I do ask you something that you don't understand, what I would like you to do is to wait until I conclude my question, and then tell me you don't understand and I'll rephrase it. Is that fair, Mr. O'Boyle? A. I assume when you say wait for him to finish, Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 15 please tell ire each time that you recall having been deposed in a case. Arch if you mold do it in a chronological order that would be helpful. And when I say myoum air, I mean you individually and you in any representative capacity. A. Well, I can remember throe of them. The most recent was a case called Campbell, that I would say it was within the last four to six moths. Another ore was with Lansport, New Jersey, probably around the same period. And another one with a gentlemen mired Ism, and that was years ago. They're the three I can remember. Q. You can't remember my other cases that you've testified in? A. I can't. Q. That is in deposition. Mot about testifying in a proceeding in court? How often have you testified in a court proceeding, either individually or in a representative capacity? A. I testified before Judge Middlebrmks a year or two ago. Q. Any other cases? A. I can't think of any. Q. Nov, the Caa pbell case, where was that case? A. New Jersey. Page 17 New Jersey at that time, or did you have other lawsuits you brought in New Jersey in addition to that case? MR. DESOUM; Objection. Form. BY M. SWEESAPPLE: Q. Strike that. I'll rephrase it. You were the plaintiff, obviously, in O'Boyle versus Longport, right? A. Yes. Q. Were you a party to any other cases in New Jersey during the past five years? A. The Ism case, which I told you about. But that may have been longs than five years ago. And them were two OPRA cases. Q. That's a public records request cane? A. Well, it's called OPPA public records. Q. That you were the plaintiff in? A. I'm n at sure. Q. Okay. And you didn't testify in those cases? A. I did not. Q. Any other cases that you brought in New Jersey in the last five years? A. Not that I know of. Q. And the Isen case is a case that you brought against an individual for defamation? A. Yes. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 14 Page 16 1 that's if I don't understand it. 1 2 Q. No. You should wait for me to finish whether 2 3 you understand or don't understand. 3 4 Is that fair, Mr. O'Boyle? 4 5 A. Yes. 5 6 Q. And that by the same token, I should wait for 6 7 you to finish, and I'll endeavor to do so. 7 8 Is them any mason you're unable to give a 0 9 deposition here today, W. O'Boyle? 9 10 A. I don't feel too good, but besides that. 10 11 Q. Are you under a doctor's care for any physical 11 12 or mental impairments? 12 13 A. I don't knoll that I not to go into the 13 14 doctor /patient. 14 15 Q. Is them any reason that you cannot give 15 16 testimmny here today; that you're unable to recall or to 16 17 testify =thfully? 17 IS A. Well, I'm pmtty sure that I can truthfully 3S 19 testify to the best of my ability. 19 20 Q. And you said you're not feeling well. If at 20 21 any point you need to take a break in this deposition, 21 22 please let me know and I will mconrodate you. Is that 22 23 fair? 23 24 A. Yes. 24 25 Q. Okay. Now, getting back to depositions, 25 Page 15 please tell ire each time that you recall having been deposed in a case. Arch if you mold do it in a chronological order that would be helpful. And when I say myoum air, I mean you individually and you in any representative capacity. A. Well, I can remember throe of them. The most recent was a case called Campbell, that I would say it was within the last four to six moths. Another ore was with Lansport, New Jersey, probably around the same period. And another one with a gentlemen mired Ism, and that was years ago. They're the three I can remember. Q. You can't remember my other cases that you've testified in? A. I can't. Q. That is in deposition. Mot about testifying in a proceeding in court? How often have you testified in a court proceeding, either individually or in a representative capacity? A. I testified before Judge Middlebrmks a year or two ago. Q. Any other cases? A. I can't think of any. Q. Nov, the Caa pbell case, where was that case? A. New Jersey. Page 17 New Jersey at that time, or did you have other lawsuits you brought in New Jersey in addition to that case? MR. DESOUM; Objection. Form. BY M. SWEESAPPLE: Q. Strike that. I'll rephrase it. You were the plaintiff, obviously, in O'Boyle versus Longport, right? A. Yes. Q. Were you a party to any other cases in New Jersey during the past five years? A. The Ism case, which I told you about. But that may have been longs than five years ago. And them were two OPRA cases. Q. That's a public records request cane? A. Well, it's called OPPA public records. Q. That you were the plaintiff in? A. I'm n at sure. Q. Okay. And you didn't testify in those cases? A. I did not. Q. Any other cases that you brought in New Jersey in the last five years? A. Not that I know of. Q. And the Isen case is a case that you brought against an individual for defamation? A. Yes. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 16 1 Q. And were you individually a party? 1 2 A. Yes. 2 3 Q. Were you a plaintiff or a defendant? 3 4 A. Plaintiff. 4 5 Q. And when was that rase filed? 5 6 A. After hurricane Sandy. 6 7 Q. What was the nature of the claims you brought? 7 8 A. He was hired to protect my home; and my home 8 9 was not protected, but there were plenty of empty liquor 9 10 bottles and girls running around, 10 11 Q. And did you go to trial in that case? 11 12 A. No. 12 13 Q. Did you settle the case? 13 14 A. No. 14 15 Q. Is the case still pending? 15 16 A. Yes. 16 17 Q. And you were deposed, you say, arrproa +mutely 17 18 four to six months ago? 18 19 A. I think so. 19 20 Q. In LaWort, New Jersey, you didn't give me 20 21 the style of the case you testified in. Do you remarber 21 22 the style of the case you testified in? 22 23 A. I think it's O'Boyle versus Import, but -- I 23 24 think that's what it is. 24 25 Q. And is that the only case that was pending in 25 Page 15 please tell ire each time that you recall having been deposed in a case. Arch if you mold do it in a chronological order that would be helpful. And when I say myoum air, I mean you individually and you in any representative capacity. A. Well, I can remember throe of them. The most recent was a case called Campbell, that I would say it was within the last four to six moths. Another ore was with Lansport, New Jersey, probably around the same period. And another one with a gentlemen mired Ism, and that was years ago. They're the three I can remember. Q. You can't remember my other cases that you've testified in? A. I can't. Q. That is in deposition. Mot about testifying in a proceeding in court? How often have you testified in a court proceeding, either individually or in a representative capacity? A. I testified before Judge Middlebrmks a year or two ago. Q. Any other cases? A. I can't think of any. Q. Nov, the Caa pbell case, where was that case? A. New Jersey. Page 17 New Jersey at that time, or did you have other lawsuits you brought in New Jersey in addition to that case? MR. DESOUM; Objection. Form. BY M. SWEESAPPLE: Q. Strike that. I'll rephrase it. You were the plaintiff, obviously, in O'Boyle versus Longport, right? A. Yes. Q. Were you a party to any other cases in New Jersey during the past five years? A. The Ism case, which I told you about. But that may have been longs than five years ago. And them were two OPRA cases. Q. That's a public records request cane? A. Well, it's called OPPA public records. Q. That you were the plaintiff in? A. I'm n at sure. Q. Okay. And you didn't testify in those cases? A. I did not. Q. Any other cases that you brought in New Jersey in the last five years? A. Not that I know of. Q. And the Isen case is a case that you brought against an individual for defamation? A. Yes. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 19 A. I would be guessing. Q. Okay. Have you ever been involved in any litigation in Tennessee? A. Yes. Q. And can you tell ne, were you a plaintiff or a defendant -- had many cases were you irvolved in, in Tennessee? A. I don't know. Q. were you involved in sere than one case in Tennessee? A. I don't know. Q. Were you a plaintiff or a defendant in the case in Tennessee? A. The case I'm thinking of, plaintiff. Q. And what case are you thinking of? A. It was New Midland Plaza Associates versus Four States Bank. Q. And what was the nature of that case? A. It was a lender liability case. Q. And you were a named plaintiff in the case? A. No. Q. And your wife was a tared plaintiff in the case? A. No. Q. Yon do you believe were the named plaintiffs Pagc 21 you, I will try to remember, is please try to answer 'Yes' or "no" where you're attespting to do so and don't say "uh- huh" or "uh -uh." Is that understood? A. Yes. Q. Okay. ?Bmt was your relationship with New Midland? A. I was a partner. Q. And the suit that you filed that you called a lender liability case, how long was that case pending? A. Seems forever. Q. Do you think it was pending for app=imtely seven years? A. I don't think it was that long. Q. Do you rezesber a case by the name of Martin E. O'Boyle, John B. O'Boyle, Catherine O'Boyle, Caserce Partnership No. 1147 and Canerce Partnership No. 1171 versus First Union National Bank, at al. It was a Blount County case. A. 'fiat's the area I just told you about. Q. But I thought you told me the plaintiffs' name was New Midland, A. I did. Q. Wasn't the actual plaintiff's name Martin E. O'Boyle, John E. O'Boyle, Catherine O'Boyle, just as I read to you? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page Is 1 Q. And you testified in that case? 1 2 A. No. 2 3 Q. You didn't testify at deposition in that case? 3 4 A. Ch, deposition. Yes. 4 5 Q. What about at trial? 5 6 A. It never went to trial. 6 7 Q. And are than any other cases that you can 7 8 recall that you have testified in either in deposition 6 9 or trial? 9 10 A. No. SO 11 Q. So as you sit here today, than is only four 11 12 times that you can remember testifying? 12 13 A. As I sit here right now, I've told you what I 13 14 remssber. 14 15 Q. Okay. Now, can you tell w how many lawsuits 15 16 you have been involved in either individually a in a 16 17 representative capacity? 17 is A. I don't know what your question is. 18 19 Q. How many lawsuits have you either individually 19 20 brought as a plaintiff, or brought in a representative 20 21 capacity on behalf of sore entity in which you were 21 22 associated; or have you been sued either individually or 22 23 in a representative capacity in the last five years? 23 24 A. I think I've answered the last five years. 24 25 Q. Okay. What about the Last seven ywm7 25 Page 19 A. I would be guessing. Q. Okay. Have you ever been involved in any litigation in Tennessee? A. Yes. Q. And can you tell ne, were you a plaintiff or a defendant -- had many cases were you irvolved in, in Tennessee? A. I don't know. Q. were you involved in sere than one case in Tennessee? A. I don't know. Q. Were you a plaintiff or a defendant in the case in Tennessee? A. The case I'm thinking of, plaintiff. Q. And what case are you thinking of? A. It was New Midland Plaza Associates versus Four States Bank. Q. And what was the nature of that case? A. It was a lender liability case. Q. And you were a named plaintiff in the case? A. No. Q. And your wife was a tared plaintiff in the case? A. No. Q. Yon do you believe were the named plaintiffs Pagc 21 you, I will try to remember, is please try to answer 'Yes' or "no" where you're attespting to do so and don't say "uh- huh" or "uh -uh." Is that understood? A. Yes. Q. Okay. ?Bmt was your relationship with New Midland? A. I was a partner. Q. And the suit that you filed that you called a lender liability case, how long was that case pending? A. Seems forever. Q. Do you think it was pending for app=imtely seven years? A. I don't think it was that long. Q. Do you rezesber a case by the name of Martin E. O'Boyle, John B. O'Boyle, Catherine O'Boyle, Caserce Partnership No. 1147 and Canerce Partnership No. 1171 versus First Union National Bank, at al. It was a Blount County case. A. 'fiat's the area I just told you about. Q. But I thought you told me the plaintiffs' name was New Midland, A. I did. Q. Wasn't the actual plaintiff's name Martin E. O'Boyle, John E. O'Boyle, Catherine O'Boyle, just as I read to you? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 20 1 in the case? 1 2 A. New Midland Plaza Associates. 2 3 Q. And what court was that case in? 3 4 A. I think it was Blount County State Court. But 4 5 it may have been the federal court. I deft remember. 5 6 3 think it was Blount County. 6 7 Q. Well, you litigated in Tennessee in both the 7 8 state coat and the federal court, didn't you, 8 9 Mr. O'Boyle? 9 10 A. Yes. 10 it Q. In fact, you sued a law firm in federal court, 11 12 didn't you? 12 13 A. Yes. 13 14 Q. And -- 14 15 A. M=, whoa, whoa. No, I didn't. I think New 15 16 Midland Plaza Associates sued a law firm in the federal 16 17 court. 17 1S Q. You don't think you were a nand plaintiff? is 19 A. I don't think I was a n>awd plaintiff, no. 19 20 Q. And you -- the entity was New Midland, you 20 21 said? 21 22 A. Uh -huh. 22 23 Q. That's "gees?" 23 24 A. Yes, air. Yes, it is. 24 25 Q. One of the other admonitions I didn't give 25 Page 19 A. I would be guessing. Q. Okay. Have you ever been involved in any litigation in Tennessee? A. Yes. Q. And can you tell ne, were you a plaintiff or a defendant -- had many cases were you irvolved in, in Tennessee? A. I don't know. Q. were you involved in sere than one case in Tennessee? A. I don't know. Q. Were you a plaintiff or a defendant in the case in Tennessee? A. The case I'm thinking of, plaintiff. Q. And what case are you thinking of? A. It was New Midland Plaza Associates versus Four States Bank. Q. And what was the nature of that case? A. It was a lender liability case. Q. And you were a named plaintiff in the case? A. No. Q. And your wife was a tared plaintiff in the case? A. No. Q. Yon do you believe were the named plaintiffs Pagc 21 you, I will try to remember, is please try to answer 'Yes' or "no" where you're attespting to do so and don't say "uh- huh" or "uh -uh." Is that understood? A. Yes. Q. Okay. ?Bmt was your relationship with New Midland? A. I was a partner. Q. And the suit that you filed that you called a lender liability case, how long was that case pending? A. Seems forever. Q. Do you think it was pending for app=imtely seven years? A. I don't think it was that long. Q. Do you rezesber a case by the name of Martin E. O'Boyle, John B. O'Boyle, Catherine O'Boyle, Caserce Partnership No. 1147 and Canerce Partnership No. 1171 versus First Union National Bank, at al. It was a Blount County case. A. 'fiat's the area I just told you about. Q. But I thought you told me the plaintiffs' name was New Midland, A. I did. Q. Wasn't the actual plaintiff's name Martin E. O'Boyle, John E. O'Boyle, Catherine O'Boyle, just as I read to you? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 23 this. I'm not sure I'm going to let you go much further. M. SWERMPIE: Well, I'm not here to educate you and I'm certainly mt here to tell you the standard of a deposition is certainly not relevance. And I'm planning on taking this deposition and I would appreciate it if you would just don't make any speaking objections. If you have an objection, please make it on the record. MR. DFSOM: I'm giving you a chance, before I start instructing Mr. O'Boyle mt to answer questions that have nothing to do with this case, I'm giving you the chance to eamlain to ire why I shouldn't do that. M. 6WEECAPPIE: Well, you shouldn't do that because the law precludes it. And I'll be moving for sanctions against you and Mr. O'Boyle if you do it. MR. DESOINA: Bob, I can't stop you from doing what you're going to do. MR, SWEETAPPI,E: I'm going to take full discovery, Counsel. W. DEW=: Full discovary of what? I don't Want to be here at 10:00 p.m. tonight, Bob, as we're going through stuff from ten years ago Page 25 personally involved in, in Tennessee? A. Well, the affidavit at the beginning of it is bogus. MR. DEW=: You need to put your mic back on. TBE WITNESS: Pardon? MR. OESOM: Your mic fell off. THE WITNESS: Wbat was the question again? BY M. SWEBWPLE: Q. Does that document refresh your recollection as to whether or mt you were a plaintiff in litigation in Temessee7 A. The affidavit is -- I don't believe is a valid affidavit, and so it does nothing for me. Q. Okay. So as you sit here, do you recall being a plaintiff in litigation in Tennessee? A. Yes. I already -- the styling of the case was New Midland Plaza Associates versus -- it wont from Core States Bank to another bank, to another bank, to -- I think it ended up at First Union Bank. This document shows New Midland Plaza Associates versus Care States. And this is a memorandum from the judge dated November 2nd, 2006. Q. And are you aware whether or mt any court in Tennessee stated, 'The court finds that O'Boyle's Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 22 1 A. No. I don't believe so. 1 2 Q. It wasn't. Okay. And in that litigation, you 2 3 were sanctioned personally on multiple occasions; were 3 4 you not? 4 5 A. I don't think so. 5 6 Q. Okay. And you were also held in contempt; 6 7 were you mt? 7 8 A. I waild have to see it. I would have to see 8 9 it. 9 10 Q. Get me show you an affidavit that was filed by 10 11 the judge in that case, W. Dale Young. I'm marking it 11 12 as Defendant's Exhibit 1. 12 13 (Defendant's Exhibit No. 1 was marked for 13 14 identification.) 14 15 BY MR. SMZMkPPLE: 15 16 Q, And I'm going to ask you if you've ever seen 16 17 this document. 1'11 show it to your counsel, first. 17 18 M. DESOUM Bob, I don't man to interrupt, 18 19 but I'm not really sure haw this has any relevance 19 20 to your motion for sanctions or the merits of this 20 21 case. 21 22 If you want to explain to me hcw going through 22 23 litigation from 2006 has some bearing to a public 23 24 records lawsuit that was filed in 2014, I'm all 24 25 earn. But I've been letting you go for a while m 25 Page 23 this. I'm not sure I'm going to let you go much further. M. SWERMPIE: Well, I'm not here to educate you and I'm certainly mt here to tell you the standard of a deposition is certainly not relevance. And I'm planning on taking this deposition and I would appreciate it if you would just don't make any speaking objections. If you have an objection, please make it on the record. MR. DFSOM: I'm giving you a chance, before I start instructing Mr. O'Boyle mt to answer questions that have nothing to do with this case, I'm giving you the chance to eamlain to ire why I shouldn't do that. M. 6WEECAPPIE: Well, you shouldn't do that because the law precludes it. And I'll be moving for sanctions against you and Mr. O'Boyle if you do it. MR. DESOINA: Bob, I can't stop you from doing what you're going to do. MR, SWEETAPPI,E: I'm going to take full discovery, Counsel. W. DEW=: Full discovary of what? I don't Want to be here at 10:00 p.m. tonight, Bob, as we're going through stuff from ten years ago Page 25 personally involved in, in Tennessee? A. Well, the affidavit at the beginning of it is bogus. MR. DEW=: You need to put your mic back on. TBE WITNESS: Pardon? MR. OESOM: Your mic fell off. THE WITNESS: Wbat was the question again? BY M. SWEBWPLE: Q. Does that document refresh your recollection as to whether or mt you were a plaintiff in litigation in Temessee7 A. The affidavit is -- I don't believe is a valid affidavit, and so it does nothing for me. Q. Okay. So as you sit here, do you recall being a plaintiff in litigation in Tennessee? A. Yes. I already -- the styling of the case was New Midland Plaza Associates versus -- it wont from Core States Bank to another bank, to another bank, to -- I think it ended up at First Union Bank. This document shows New Midland Plaza Associates versus Care States. And this is a memorandum from the judge dated November 2nd, 2006. Q. And are you aware whether or mt any court in Tennessee stated, 'The court finds that O'Boyle's Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 24 1 because you feel like ban sing the witness, so 1 2 I'm asking you to actually ask some questions about 2 3 this case. 3 4 MR. SW EEAPPLE: This case is going to involve 4 5 additional defenses. I'm taking discovery with 5 6 regard to counterclaims that arise from this case, 6 7 and other claims that arise from W. O'Boyle's 7 8 actions in this case. 8 9 And this is directly going to be very relevant 9 io when you get through with the questions I have for 10 n you today. You may knm a lot more than you know 11 12 now, Counsel. So just bear with me. I think you 12 13 will become very educated as this litigation 13 14 proceeds. 14 15 MR. DESOM: thank you for that, Bob. 15 16 BY MR. SWBEI'APPIE: 16 17 Q. Mr. O'Boyle, looking at Exhibit 1, does that 17 1B refresh your recollection as to litigation you were 18 19 involved in, in Tennessee personally? 19 20 MR. DESOUW: You can answer the question 20 21 'bother that refreshes your recollection ar mt. 21 22 THE WITNESS: Say your question again. 22 23 BY M. SBEEfAPPLE: 23 24 Q. Dos that document that I've handed you 24 25 refresh your recollection as to litigation that you were 25 Page 23 this. I'm not sure I'm going to let you go much further. M. SWERMPIE: Well, I'm not here to educate you and I'm certainly mt here to tell you the standard of a deposition is certainly not relevance. And I'm planning on taking this deposition and I would appreciate it if you would just don't make any speaking objections. If you have an objection, please make it on the record. MR. DFSOM: I'm giving you a chance, before I start instructing Mr. O'Boyle mt to answer questions that have nothing to do with this case, I'm giving you the chance to eamlain to ire why I shouldn't do that. M. 6WEECAPPIE: Well, you shouldn't do that because the law precludes it. And I'll be moving for sanctions against you and Mr. O'Boyle if you do it. MR. DESOINA: Bob, I can't stop you from doing what you're going to do. MR, SWEETAPPI,E: I'm going to take full discovery, Counsel. W. DEW=: Full discovary of what? I don't Want to be here at 10:00 p.m. tonight, Bob, as we're going through stuff from ten years ago Page 25 personally involved in, in Tennessee? A. Well, the affidavit at the beginning of it is bogus. MR. DEW=: You need to put your mic back on. TBE WITNESS: Pardon? MR. OESOM: Your mic fell off. THE WITNESS: Wbat was the question again? BY M. SWEBWPLE: Q. Does that document refresh your recollection as to whether or mt you were a plaintiff in litigation in Temessee7 A. The affidavit is -- I don't believe is a valid affidavit, and so it does nothing for me. Q. Okay. So as you sit here, do you recall being a plaintiff in litigation in Tennessee? A. Yes. I already -- the styling of the case was New Midland Plaza Associates versus -- it wont from Core States Bank to another bank, to another bank, to -- I think it ended up at First Union Bank. This document shows New Midland Plaza Associates versus Care States. And this is a memorandum from the judge dated November 2nd, 2006. Q. And are you aware whether or mt any court in Tennessee stated, 'The court finds that O'Boyle's Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 26 1 intent, purpose, and strategy in pursuing his claims was 1 2 to conduct this litigation in a mnnno. which had the 2 3 r. imcn financial impact can defendants. The purpose and 3 4 strategy manifests itself in O'Boyle's repeatedly neldrg 4 5 arguments and taking positions irrespective of their 5 6 merits that mould maximize the inconvenience and cost to 6 7 defendants." 7 8 Do you recall ever seeing that in any order 6 9 written by a judge in Tennessee with reference to you 9 10 personally? 10 11 A. Just so it's -- I don't kww what the judge 11 12 means by that -- but just so it's clear, I never 12 13 appeared before this judge one time. I never testified 13 14 before this judge one time. So I don't know exactly 14 15 what he means. 15 16 Now, as an example, when we look at your 16 17 testimony before Judge Olsen, it has, I think, ouch 17 18 worse statements, but..., is 19 Q. Excuse me. What testimony before Judge Olsen 19 20 are you referring to? I don't think I've ever testified 20 21 before Judge Olsen. 21 22 A. Well, let me give it to you. 22 23 Q. You're talking about a motion I filed? 23 24 A. Motion, whatever. I don't know what it was. 24 25 Q. Are you talking about a motion to recuse that 25 Pa8c27 I filed? A. I don't know. Would you like core to get it for you? Q. Sure . Why don't you get it. COURT REPORTER: Watch your mic. MR. SWEEPAPPLE: Could you also get a picture of this sign, if you don't mind? I'll move the box, yes. MR. DESOM: Marty, you're still on the record. Don't answer any phone calls. MR.SMM: Put the phone down, Marty. TIE WITNESS: One second, please. (Discussion on phone.) BY MR. SWETTAPPLE: Q. So T understand you, Mr. O'Boyle, you're likening the court statement -- you're likening your sanctions that were entered against you in Tennessee to a notion I filed. Is that your position, Mr. O'Boyle? A. I'll answer you in just a narent. Q. Okay. A. I didn't find -- I have it here, by the way. I didn't find -- I didn't hit, I should say, Judge Olsen's state ts. However, what I did find -- Q. You personally found? A. What did you say? Page 29 BY MR. SWKEI'APPDE: Q. I'm all ears, Mr. O'Boyle. Please. A. This is a case titled John W. Teeple versus Robert A. Sweetapple, Esquire and Robert A. Sweetapple, P.A. Q. You were talking about Judge Olsen, A. Just -- you aren't listening. I answered that I haven't care to Judge Olsen, but I just saw this, and this has things that may be more -- that ray be closer. That's what I said. Q. You're talking about a complaint that was filed by an opposing party in a divorce case against me; a amplaint by opposing spouse in a divorce case. A. I don't know what it's -- what kind of case it is. I can only read you the provisions that have been highlighted for me such as " Sweetapple stated that he would drag out the litigation in this case for years if Temple did not agree to the demands of his client." Q. And do you know what happened with that lawsuit? A. I do not, no. Q. Do you know if it was dismissed? A. No. No, I don't know. Q. Let's go -- you provided that to mayor Morgan; did you rot? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 28 1 Q. You said you found something. You personally 1 2 found something? 2 3 A. Yeah, I just found it. It was right there. 3 4 Q. Okay. But you're the one that did the 4 5 research to find these documents or you had saneooe else 5 6 do that? 6 7 A. I had sonecne else do it. 7 8 Q. Who was that? a 9 A. I think it was a duple of people who did 9 30 that. 10 11 Q. Who would those people be? ll 12 A. I think one of than was a young lady that 12 13 works with me tensed Kelly Huang, and the other one I 13 14 don't remember. 14 15 Q. And are these lawyers that have the ability to 15 16 research cases and docments, or were these just 16 17 secretaries? 17 18 A. These were lawyers. 18 19 Q. Lawyers. Okay. Good. 19 20 So tell ma why you think something that I 20 21 filed in a rase is the same or relates in any way to a 21 22 court in Tennessee finding you personally in cottenpt? 22 23 MR. DESM: Object to form. 23 24 THE WITNESS: Well, this is a -- sorry. 24 25 MR.SMITH: Go ahead. 25 Pa8c27 I filed? A. I don't know. Would you like core to get it for you? Q. Sure . Why don't you get it. COURT REPORTER: Watch your mic. MR. SWEEPAPPLE: Could you also get a picture of this sign, if you don't mind? I'll move the box, yes. MR. DESOM: Marty, you're still on the record. Don't answer any phone calls. MR.SMM: Put the phone down, Marty. TIE WITNESS: One second, please. (Discussion on phone.) BY MR. SWETTAPPLE: Q. So T understand you, Mr. O'Boyle, you're likening the court statement -- you're likening your sanctions that were entered against you in Tennessee to a notion I filed. Is that your position, Mr. O'Boyle? A. I'll answer you in just a narent. Q. Okay. A. I didn't find -- I have it here, by the way. I didn't find -- I didn't hit, I should say, Judge Olsen's state ts. However, what I did find -- Q. You personally found? A. What did you say? Page 29 BY MR. SWKEI'APPDE: Q. I'm all ears, Mr. O'Boyle. Please. A. This is a case titled John W. Teeple versus Robert A. Sweetapple, Esquire and Robert A. Sweetapple, P.A. Q. You were talking about Judge Olsen, A. Just -- you aren't listening. I answered that I haven't care to Judge Olsen, but I just saw this, and this has things that may be more -- that ray be closer. That's what I said. Q. You're talking about a complaint that was filed by an opposing party in a divorce case against me; a amplaint by opposing spouse in a divorce case. A. I don't know what it's -- what kind of case it is. I can only read you the provisions that have been highlighted for me such as " Sweetapple stated that he would drag out the litigation in this case for years if Temple did not agree to the demands of his client." Q. And do you know what happened with that lawsuit? A. I do not, no. Q. Do you know if it was dismissed? A. No. No, I don't know. Q. Let's go -- you provided that to mayor Morgan; did you rot? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 31 M. DESOUZA: All right. You're bordering on harassing the witness at this point. He's already said "I don't know" three or four times, Bob. 6bve M. Page 30 BY M. SWPE171PPI8: 1 A. No. 1 2 Q. Did anyone in your office send that or deliver 2 3 that to the Town of Gulf Stream for purposes of putting 3 4 it in the town records? 4 5 A. Soreom in my office, perhaps even myself, 5 6 would have sent it to Gaf Stream to put into the town 6 7 records where it belongs. 7 8 Q. Perhaps yourself, or it was you, Mr. O'Boyle? B 9 A. I don't know. 9 10 Q. You can't remember if you did that last week? 10 11 A. No. 11 12 Q. Your mreury is that faulty? 12 13 A. I'm not going to answer that. 13 14 Q. Why can't you remember if you did it last 14 35 week? 15 16 A. I answered your question. let's move on. 16 17 Q, It happened last week. Do you know who did 17 1s it? 18 19 A. I understand that. 19 20 Q. Do you know who did it? 20 21 MR. D85UJZA: dnjectioa. Asked and answered 21 22 three times now. 22 23 BY FR. SWtO MPLE: 23 24 Q. Mr. O'Boyle, do you know who did it if it 24 25 wasn't you? 25 Page 31 M. DESOUZA: All right. You're bordering on harassing the witness at this point. He's already said "I don't know" three or four times, Bob. 6bve M. Page 32 BY M. SWPE171PPI8: 1 the }wilding? 1 2 A. And than some. 2 3 Q. Are you affiliated with all of those entities? 3 4 A. Probably rot. 4 5 Q. How many of those entities are you affiliated 5 6 with? 6 7 A. I don't know. 7 8 Q. And which entity do you understand sent 8 9 materials regarding me to the Town of Gulf Stream? 9 10 A. I already answered that. 10 11 Q. Which entity? Do you know which entity? 11 12 A. I already answered that question. 12 13 Q. What was your answer? I don't remember. 13 14 A. My answer was I don't know. 14 15 Q. And was that done by correspondence? 35 16 A. I answered your question. 16 17 Q. Did you have any comarmications with anyone 17 18 regarding that topic? 18 19 MR. DFSOUZA: Which topic? 19 20 MR. MEWPLE: The topic of sending 20 21 docmrnrnts regarding core to the Tam of Gulf stream. 21 22 THE WITNESS: No. 22 23 BY MR. SWBEPAPPLE: 23 24 Q. Did you talk to anyone in any of the offices 24 25 or any of the entities that occupied that building about 25 Page 31 M. DESOUZA: All right. You're bordering on harassing the witness at this point. He's already said "I don't know" three or four times, Bob. 6bve M. BY M. SWPE171PPI8: Q. Mr. O'Boyle, vas this sent -- fron which office was this sent last week? A. I assmne it world have been my office. Q. What is "my office ?" A. The one where you asked me up front where my office was. 1280 West Newport Qaster Drive. Is your memory that bad? Q. That's a building. It wasn't sent from a building. It was sent from sore entity, I take it. A. I have no idea, then. Q. What entities occupy that building, Mr. O'Boyle? A. There's about 100 of then. Q. One hundred entities? A. Yeah. Q. And they're all tenants in that building? A. Pardon? Q. They're all tenants in that ]wilding? A. They have the right to be there . Q. And are these companies and Ilrs that occupy Page 33 that topic? A. No. Q. And so what other infornation did you want to remark that you believe was similar to your being sanctioned and held in cantenpt by a judge in Tennessee on multiple occasions? MR. DESWZA: Objection. Form, THE WITNESS: I don't understand your question. BY MR. SWEETUPIE: Q. Okay. You indicated that I testified or did something with Judge Olean that scaehow was equivalent to the sanctions that were entered against you in Tennessee. M. DESOOZA: Is there a question pending? BY M. SWEEMPIE: Q. Yes. I'm waiting for him to tell me what it is he wanted to tell core. He had Something he wanted to make a point about. I'm letting him do so. A. The case was Trafford Distributing versus Wortley. And Ms. Sweetapple, you represented Wortley. "An expedited hearing was conducted on March" -- I'm sorry. "August 26, 2010 at 1:30 p.m." Q. August 26, 1:30. What year? A. 2010, World you like a copy? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Fag 35 a duty to su esponte recuse myself when a disqualifying factor erases to light, I also have a duty to retain a case when faced with a meritleas refusal motion. "And this is no joke. This is quite literally what the n, is are asking for. Their misunderstanding of 455 was painfully betrayed at the August 26th hearing, when mvant's counsel forcefully recused that -- or argued that I should recuse myself from any matter in which Ruden Barnett -- Roden Harnett NcClosky represents a party. Whether mcvant's counsel did not adequately research the case law on this subject or simply did not digest it, I do know -- I do not know, but fiery, impassioned oral argument in the face of a glass mountain of precedent with no abumledonent of that glass mountain and no hint at a good faith basis for a change in the law. "This is normally sanctionable under P9011(b). The only reason why sanctions are net warranted here, despite this appalling lack of diligence is the layman perception rule. "I further find that no well- informed, thoughtful and objective observer would argue that a sitting federal judge should recuse himself from every matter in which his spouse's firm represents a party. So long as, (3) the spouse is not involved in the case; Pegs 37 was filed and argued and hearings were had before the Honorable Fredrick Moreno, the chief judge of the Southern District of Florida? A. No. Q. Okay. So your lawyer didn't look to see if there was an appeal filed of that order almost immediately after the recvsal was denied? MR. DESCUZA: objection. BY M. SHEMMPLE: Q. Your lawyer -- MR. DESOU7.A: Hold on, Bob. Are you asking him about conversations with counsel? Because be is not going to answer those questions. MR. SWHEIAPPLE: I don't want to know what your counsel told you. MR. DFWU?A: Do you want him to tell you what -- MR. SWEEEWPLE: You're making a speaking objection. MR. DESOM: Hold on, Bob. You want him to tell you what his lawyer did. I'm afraid that's privileged. Be is not going to answer that. So, no, he is not going to answer those questions. MR. SWEETAPPI£: First of all, there is no "those questions- pending. There is rn question Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Pap 34 1 Q. I'm well faniliar with the case, Mr. O'Boyle. 1 2 A. Okay. Then you shouldn't ask questions. 2 3 At 1;30 p.m. 3 4 Q. I would like it on the record, Mr. O'Boyle. 4 5 A. It's going right in. 5 6 Q. We need to put the dates and the years when we 6 7 talk about dates is what wa, normally do. 7 8 A. "At 1:30 p.m. And movant's counsel argued 8 9 that I should henceforth recuse myself from any 9 10 proceeding in which Ruden Mcclosky represents a party. 10 11 Because the case law interpreting 28 USC 455 11 12 consistently rejects this argument, I ruled from that 12 13 bench that the notices would be denied, and I would 13 14 enter in this formal written order detailing my 14 15 assessment. 15 16 "Any strongly worded language in my orders or 16 17 in the courtroom has resulted from astonishment at how 17 18 the defendants have chosen to handle certain affairs 18 19 over the past decade and, particularly, in the months 19 20 preceding this bankruptcy filing. Rather, they argue 20 21 that his employment combined with my rulings against 21 22 him, are sufficient basis to engage in a fishing 22 23 expedition. That the movants filed these motions in the 23 24 face of such overwhelming case law on the subject is 24 25 surprising. The cases go on and on, and just as I have 25 Fag 35 a duty to su esponte recuse myself when a disqualifying factor erases to light, I also have a duty to retain a case when faced with a meritleas refusal motion. "And this is no joke. This is quite literally what the n, is are asking for. Their misunderstanding of 455 was painfully betrayed at the August 26th hearing, when mvant's counsel forcefully recused that -- or argued that I should recuse myself from any matter in which Ruden Barnett -- Roden Harnett NcClosky represents a party. Whether mcvant's counsel did not adequately research the case law on this subject or simply did not digest it, I do know -- I do not know, but fiery, impassioned oral argument in the face of a glass mountain of precedent with no abumledonent of that glass mountain and no hint at a good faith basis for a change in the law. "This is normally sanctionable under P9011(b). The only reason why sanctions are net warranted here, despite this appalling lack of diligence is the layman perception rule. "I further find that no well- informed, thoughtful and objective observer would argue that a sitting federal judge should recuse himself from every matter in which his spouse's firm represents a party. So long as, (3) the spouse is not involved in the case; Pegs 37 was filed and argued and hearings were had before the Honorable Fredrick Moreno, the chief judge of the Southern District of Florida? A. No. Q. Okay. So your lawyer didn't look to see if there was an appeal filed of that order almost immediately after the recvsal was denied? MR. DESCUZA: objection. BY M. SHEMMPLE: Q. Your lawyer -- MR. DESOU7.A: Hold on, Bob. Are you asking him about conversations with counsel? Because be is not going to answer those questions. MR. SWHEIAPPLE: I don't want to know what your counsel told you. MR. DFWU?A: Do you want him to tell you what -- MR. SWEEEWPLE: You're making a speaking objection. MR. DESOM: Hold on, Bob. You want him to tell you what his lawyer did. I'm afraid that's privileged. Be is not going to answer that. So, no, he is not going to answer those questions. MR. SWEETAPPI£: First of all, there is no "those questions- pending. There is rn question Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 36 1 (2), the spouse is not an equity partner in the firm; 1 2 (3), the guidelines imposed by Congress and 455(b) are 2 3 otherwise followed. 3 4 The motion to recuse judge filed by defendant, 4 5 Barbara Wortley, in an adversary proceeding gives the 5 6 proceeding 0801793 -SSO is accordingly denied." 6 7 Q. And who did you have research that case for 7 B you, Mr. O'Boyle? B 9 A. I told you, Kelly, and I think one other 9 10 person. But I just don't remember. 10 11 Q. Did you ever become aware of the facts of that 11 12 case? 12 13 A. I read the opinion. 13 14 Q. Well, did you follow what happened in that 14 15 case, Mr. O'Boyle? 15 16 M. DESOUZA: Objection. Form. 16 17 THE WITNBBS: I read the opinion. 17 18 BY MR. SWEEfAPPLE: 18 19 Q. That opinion? 19 20 A. Yes. 20 21 Q. And are you suggesting that somehow that 21 22 opinion asserts that I have done something wrong? 22 23 A. I'm asserting that opinion says what it says. 23 24 Q. Okay. And are you aware that an appeal of the 24 25 refusal of Judge Olsen to recuse himself in that case 25 Fag 35 a duty to su esponte recuse myself when a disqualifying factor erases to light, I also have a duty to retain a case when faced with a meritleas refusal motion. "And this is no joke. This is quite literally what the n, is are asking for. Their misunderstanding of 455 was painfully betrayed at the August 26th hearing, when mvant's counsel forcefully recused that -- or argued that I should recuse myself from any matter in which Ruden Barnett -- Roden Harnett NcClosky represents a party. Whether mcvant's counsel did not adequately research the case law on this subject or simply did not digest it, I do know -- I do not know, but fiery, impassioned oral argument in the face of a glass mountain of precedent with no abumledonent of that glass mountain and no hint at a good faith basis for a change in the law. "This is normally sanctionable under P9011(b). The only reason why sanctions are net warranted here, despite this appalling lack of diligence is the layman perception rule. "I further find that no well- informed, thoughtful and objective observer would argue that a sitting federal judge should recuse himself from every matter in which his spouse's firm represents a party. So long as, (3) the spouse is not involved in the case; Pegs 37 was filed and argued and hearings were had before the Honorable Fredrick Moreno, the chief judge of the Southern District of Florida? A. No. Q. Okay. So your lawyer didn't look to see if there was an appeal filed of that order almost immediately after the recvsal was denied? MR. DESCUZA: objection. BY M. SHEMMPLE: Q. Your lawyer -- MR. DESOU7.A: Hold on, Bob. Are you asking him about conversations with counsel? Because be is not going to answer those questions. MR. SWHEIAPPLE: I don't want to know what your counsel told you. MR. DFWU?A: Do you want him to tell you what -- MR. SWEEEWPLE: You're making a speaking objection. MR. DESOM: Hold on, Bob. You want him to tell you what his lawyer did. I'm afraid that's privileged. Be is not going to answer that. So, no, he is not going to answer those questions. MR. SWEETAPPI£: First of all, there is no "those questions- pending. There is rn question Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 39 Olsen? MR. DESOM: You can answer yes or no. THE WITNESS: If I did, I don't recall. BY MR. SWPECAPPI£: Q. Do you know what the underlying facts were that were alleged in that motion? A. Yeah. Generally stated. Q. Do you realize that there were allegations that my opposing counsel, during the course of the case, hired the judges fiance, who moved down and moved in with the judge during that time period; those are alleged in the actions. Do you recall that? A. Obviously the judge was not very impressed with your argument. Q. well, are you aware that Judge FUreno made certain statements on the record at a stage conference immediately after that hearing, and Judge Olsen thereafter su esponte mcmed himself. Are you aware of that, sir? A. I an not. I don't knew what Judge Olsen said. All I know is courts speak through orders. Q. Are you aware that he innediately, after that order, entered an order mousing himself, eir? A. I am nmt aware of that, and I don't know why he did it. It may be he was going on a trip around the Page 41 case. MR. SWERTAPPLE: I don't think he does, but I think we're going to see that he has -- certainly there are issues with regard to that very point and whether or not the O'Boyle Law Firm is a bona fide law firm that is entitled to obtain or seek attorneys' fees. And I intend to take discovery with regard to that issue from this witness and other witnesses, as well as other issues with regard to that law firm that I believe axe of very significant importance. MR. DESOUM: Is this your opening or your closing statement, Bob? I'm not sure I heard a question yet. MR. SWWEEIPPPIE: It was my answer to your client's question, Counsel. I was obligating myself to answer your client's question. BY MR. SWEMVPLE: Q. Mr. O'Boyle, so ym investigated me because I have filed a motion -- f filed a maim with regard to your son's law firm. A. No. Q. Mry did you investigate ma? A. We didn't investigate you. Q. Why did you have a lawyer look at -- did you Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 38 1 pending other than the ma I asked. Second of all, 1 2 you're making speakings objections again,. 2 3 Next time you do it, I will file a motion for 3 4 sanctions against you. 4 5 MR. DESOU7A: I don't care what you do, Bob. 5 6 MR. SWEBTAPPLE: Imroke the -- 6 7 MR. DESOM: Bob, I don't can what -- 7 8 MR. SWBEfAPRE: Please don't interrupt me. 8 9 M. DRSOM: If you want to excuse the 9 10 witness and then have a conversation, so you don't 10 11 have to sit here and complain about speaking 11 12 objections or coaching, whatexrs, I'm happy to do 12 13 that. Otherwise, let me finish, and then you ask 13 14 your question. 14 15 MR, GWFEI'APPLE: I've already put my statement SS 16 on the record, Counsel, as to how I'm not going to 16 17 tolerate anymore speaking objections. 17 18 MR. msoum: what is your question? 1s 19 MR. SWEE7'APPLE: And you have not made me 19 20 legal objection on the record yet today, 20 21 Mt. O'Boyle -- 21 22 MR. DESOOZA: Well -- 22 23 BY M. SWBEfAPPLE: 23 24 Q. Mr. O'Boyle, did you ever obtain from your 24 25 attorneys a notice of appeal of that ruling by Judge 25 Page 39 Olsen? MR. DESOM: You can answer yes or no. THE WITNESS: If I did, I don't recall. BY MR. SWPECAPPI£: Q. Do you know what the underlying facts were that were alleged in that motion? A. Yeah. Generally stated. Q. Do you realize that there were allegations that my opposing counsel, during the course of the case, hired the judges fiance, who moved down and moved in with the judge during that time period; those are alleged in the actions. Do you recall that? A. Obviously the judge was not very impressed with your argument. Q. well, are you aware that Judge FUreno made certain statements on the record at a stage conference immediately after that hearing, and Judge Olsen thereafter su esponte mcmed himself. Are you aware of that, sir? A. I an not. I don't knew what Judge Olsen said. All I know is courts speak through orders. Q. Are you aware that he innediately, after that order, entered an order mousing himself, eir? A. I am nmt aware of that, and I don't know why he did it. It may be he was going on a trip around the Page 41 case. MR. SWERTAPPLE: I don't think he does, but I think we're going to see that he has -- certainly there are issues with regard to that very point and whether or not the O'Boyle Law Firm is a bona fide law firm that is entitled to obtain or seek attorneys' fees. And I intend to take discovery with regard to that issue from this witness and other witnesses, as well as other issues with regard to that law firm that I believe axe of very significant importance. MR. DESOUM: Is this your opening or your closing statement, Bob? I'm not sure I heard a question yet. MR. SWWEEIPPPIE: It was my answer to your client's question, Counsel. I was obligating myself to answer your client's question. BY MR. SWEMVPLE: Q. Mr. O'Boyle, so ym investigated me because I have filed a motion -- f filed a maim with regard to your son's law firm. A. No. Q. Mry did you investigate ma? A. We didn't investigate you. Q. Why did you have a lawyer look at -- did you Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Pagc 40 1 world. I don't know. 1 2 Q. And an -- did you read the front page of the 2 3 Daily Review, that discussed this case in length and went 3 4 over the facts of this case? 4 5 A. I don't read the Daily Review. 5 6 Q. Are you aware than is a pending federal case 6 7 now against the lawyer, and both lawyers that were 7 8 imrolved in the allegations of that actim to mouse, a 9 sir? 9 10 A. I don't think I am. I might be. 10 it Q. Okay. Is there any other -- tell me, why did 11 12 you have lawyers research me and my legal work? 12 13 A. Why did you do an investigation on my am? 13 14 Q. Because he alleges to be your attorney in this 14 15 proceeding, and he alleges to be a bona fide -- to be 15 16 part of a bona fide law firm; and whether or not you are 16 17 represented by a bon fide law firm and have an 17 18 entitlement to attorneys' fees is me of the issues in 18 19 all of the cases that your lawyers have brought. 19 20 And that's just one of the issues that ym'll 20 21 see relate to your alleged sm's law firm, or your son's 21 22 alleged law firm, 22 23 M.-%=: Let me just state for the record m 23 24 behalf of Jonathan O'Boyle, I do not believe that 24 25 he alleges that be is counsel of record in this 25 Page 39 Olsen? MR. DESOM: You can answer yes or no. THE WITNESS: If I did, I don't recall. BY MR. SWPECAPPI£: Q. Do you know what the underlying facts were that were alleged in that motion? A. Yeah. Generally stated. Q. Do you realize that there were allegations that my opposing counsel, during the course of the case, hired the judges fiance, who moved down and moved in with the judge during that time period; those are alleged in the actions. Do you recall that? A. Obviously the judge was not very impressed with your argument. Q. well, are you aware that Judge FUreno made certain statements on the record at a stage conference immediately after that hearing, and Judge Olsen thereafter su esponte mcmed himself. Are you aware of that, sir? A. I an not. I don't knew what Judge Olsen said. All I know is courts speak through orders. Q. Are you aware that he innediately, after that order, entered an order mousing himself, eir? A. I am nmt aware of that, and I don't know why he did it. It may be he was going on a trip around the Page 41 case. MR. SWERTAPPLE: I don't think he does, but I think we're going to see that he has -- certainly there are issues with regard to that very point and whether or not the O'Boyle Law Firm is a bona fide law firm that is entitled to obtain or seek attorneys' fees. And I intend to take discovery with regard to that issue from this witness and other witnesses, as well as other issues with regard to that law firm that I believe axe of very significant importance. MR. DESOUM: Is this your opening or your closing statement, Bob? I'm not sure I heard a question yet. MR. SWWEEIPPPIE: It was my answer to your client's question, Counsel. I was obligating myself to answer your client's question. BY MR. SWEMVPLE: Q. Mr. O'Boyle, so ym investigated me because I have filed a motion -- f filed a maim with regard to your son's law firm. A. No. Q. Mry did you investigate ma? A. We didn't investigate you. Q. Why did you have a lawyer look at -- did you Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 43 courthouse learned a little bit about me, right? Is that what happened7 MR. DESUMA: Objection. form. THE WITNESS: I can't tell you what happened. BY MR. SWEEIAPPIB: Q. You can't. You don't know that one of your attorneys was in the courthouse and learned a little bit about me? MR. DESOUZA: Objection. Form. THE WITNESS: No. BY M. SWBEWPLE: Q. You've never stated that before? A. If I did, I stated it erroneously. Q. You stated it erroneously? A. Yes. Q. Let me show you the transcript of the city -- of the town commission meeting, 6/13/14 before Gulf Stream. I'm marking that as Exhibit 2, if you can mark that please. MR. DESOUZA: Bob, I'm sorry. Is there multiple copies of that affidavit, or just the me? MR. SWEEfAPPLE; Just the one. (Defendant's Exhibit No. 2 was marked for Identification.) Page 45 A. That's what you said. Q. I'm reading to you from this document. A. i understand that. The minutes from this town, they leave a lot to be desired. I don't know. All I know, is that the Judge Benton portion of it, I made an error; and of course you have a mayor who will not let you ask questions. And so what I did was the very next meeting I went and I said, What I said about Mr. Sweetapple, I erred. Q. Well, I'm talking now about the fact that you said that there was a lawyer in the courthouse, one of your lawyers. What lawyer was in the courthouse that you're referring to here? A. I think, I'm not sure, I think it was -- I think it was Kelly Huang. Q. Okay. And than you said that he had a case in the First District Court of Appeals before Judge Benton. How did this lawyer locate the case that was in the First District in Tallahassee in the Palm Beach County Courthouse? M. DESOUZA: If by answering that you have to reveal conversations you had between you and this lawyer... BY MR. SHEEfAPPIE; Q. Let m rephrase it for you. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 42 1 have a lawyer research me, my legal work? 1 2 A. We had a lawyer doing some research up at the 2 3 county building, and I said just for the hell of it -- 3 4 M. DESOUZA: Hold on. I don't want you to 4 5 testify about statements that you said to your 5 6 lawyers. 6 7 THE WITNESS: Okay. 7 8 MR. DPSOMA: So if you can answer the 8 9 question without revealing any sort of 9 10 attorney- client com unication you can; otherwise, I 10 11 don't want you answering the question. 11 12 THE WITNESS: okay. 12 13 BY MR. SWEEIAPPLE: 13 14 Q. so why did you investigate me? 14 15 A. I didn't. i5 16 Q. So it was just a coincidence that you found 16 17 the Judge Olsen recusal order? 17 IS A. I didn't find it. 18 19 Q. It's just a coincidence you asked an attorney 19 20 to -- strike that. An attorney provided that to you, 20 21 correct? 21 22 MR. DESOM: You can answer yes or M. 22 23 THE WITNESS: Yes. 23 24 BY MR. SWEELAPPLE; 24 25 Q. And one of your lawyers who was in the 25 Page 43 courthouse learned a little bit about me, right? Is that what happened7 MR. DESUMA: Objection. form. THE WITNESS: I can't tell you what happened. BY MR. SWEEIAPPIB: Q. You can't. You don't know that one of your attorneys was in the courthouse and learned a little bit about me? MR. DESOUZA: Objection. Form. THE WITNESS: No. BY M. SWBEWPLE: Q. You've never stated that before? A. If I did, I stated it erroneously. Q. You stated it erroneously? A. Yes. Q. Let me show you the transcript of the city -- of the town commission meeting, 6/13/14 before Gulf Stream. I'm marking that as Exhibit 2, if you can mark that please. MR. DESOUZA: Bob, I'm sorry. Is there multiple copies of that affidavit, or just the me? MR. SWEEfAPPLE; Just the one. (Defendant's Exhibit No. 2 was marked for Identification.) Page 45 A. That's what you said. Q. I'm reading to you from this document. A. i understand that. The minutes from this town, they leave a lot to be desired. I don't know. All I know, is that the Judge Benton portion of it, I made an error; and of course you have a mayor who will not let you ask questions. And so what I did was the very next meeting I went and I said, What I said about Mr. Sweetapple, I erred. Q. Well, I'm talking now about the fact that you said that there was a lawyer in the courthouse, one of your lawyers. What lawyer was in the courthouse that you're referring to here? A. I think, I'm not sure, I think it was -- I think it was Kelly Huang. Q. Okay. And than you said that he had a case in the First District Court of Appeals before Judge Benton. How did this lawyer locate the case that was in the First District in Tallahassee in the Palm Beach County Courthouse? M. DESOUZA: If by answering that you have to reveal conversations you had between you and this lawyer... BY MR. SHEEfAPPIE; Q. Let m rephrase it for you. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 44 1 THE WITNESS: Okay. 1 2 BY M. SWSBTAPPLE: 2 3 Q. Does this transcript of this docu nt fairly 3 4 recite your statements made to the torn council on 4 5 6/13/14? 5 6 A. I can't say. I would have to look at the 6 7 video to say. However, I did correct it at the nett 7 e meeting. 8 9 Q. Okay. And you see where it says exactly what 9 10 I just put in the record and was objected to and you 10 11 said it was erroneous? You said here -- let ate read it 11 12 to you exactly. 12 13 We -- "one of my lawyers was in the courthouse 13 14 and learned a little bit about Na. SweetapplO. I just 14 15 asked you if that occurred; if you ever said that and T5 16 you said, no, that would be erroneous, right? 16 17 A. If that's what I said, then that's what I 17 18 said. 18 19 Q. Okay. So you did say at the meeting that one 19 20 of your lawyers just happened to be in the courthouse 20 21 and learned a little bit about m, right? 21 22 MR. MOM: Objection. 22 23 TO WITNESS: No. No. That's what you said. 23 24 BY MR. SWEETAPPLE: 24 25 Q. Pardon? 25 Page 43 courthouse learned a little bit about me, right? Is that what happened7 MR. DESUMA: Objection. form. THE WITNESS: I can't tell you what happened. BY MR. SWEEIAPPIB: Q. You can't. You don't know that one of your attorneys was in the courthouse and learned a little bit about me? MR. DESOUZA: Objection. Form. THE WITNESS: No. BY M. SWBEWPLE: Q. You've never stated that before? A. If I did, I stated it erroneously. Q. You stated it erroneously? A. Yes. Q. Let me show you the transcript of the city -- of the town commission meeting, 6/13/14 before Gulf Stream. I'm marking that as Exhibit 2, if you can mark that please. MR. DESOUZA: Bob, I'm sorry. Is there multiple copies of that affidavit, or just the me? MR. SWEEfAPPLE; Just the one. (Defendant's Exhibit No. 2 was marked for Identification.) Page 45 A. That's what you said. Q. I'm reading to you from this document. A. i understand that. The minutes from this town, they leave a lot to be desired. I don't know. All I know, is that the Judge Benton portion of it, I made an error; and of course you have a mayor who will not let you ask questions. And so what I did was the very next meeting I went and I said, What I said about Mr. Sweetapple, I erred. Q. Well, I'm talking now about the fact that you said that there was a lawyer in the courthouse, one of your lawyers. What lawyer was in the courthouse that you're referring to here? A. I think, I'm not sure, I think it was -- I think it was Kelly Huang. Q. Okay. And than you said that he had a case in the First District Court of Appeals before Judge Benton. How did this lawyer locate the case that was in the First District in Tallahassee in the Palm Beach County Courthouse? M. DESOUZA: If by answering that you have to reveal conversations you had between you and this lawyer... BY MR. SHEEfAPPIE; Q. Let m rephrase it for you. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 SS 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 0 9 10 31 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 46 The courthouse you're referring to when you spoke before town council, was that the Palm Beach County Courthouse? A. I'm sorry. Q. Was that the Palm Beach O7unty Courthouse? A. It was what at the Palm Beach County Courthouse? Q. Which courthouse did this lawyer go to where she just happened to learn a little bit about Mr. Sweetapple? M. DFS(A7A: Again, if the only way you know this is from mmersations with counsel, then I need you to indicate if that's the only Fey you know it. THE WITNESS: Okay. That's the only way I know it. (MC. O'Hare just entered the deposition,) MR. DESW7A: I'm instructing the witness not to answer. MR. SWEECAPPLE: Ist the record reflect Mr. O'Hare has cam into the room. I don't know if he's staying for the deposition or not, but there he is. BY M. SWEETAPPLE: Q. So were you atteTting to omm nicate to the Page 48 A. World you like me to read them for you? MR. DMOM: let him finish the question. MR. SFIEETAPPLE: Would you please read back the question I asked Mr. O'Boyle? I think it had to do with you reading, sir, not me. Listen to the question. (A portion of the record was read by the reporter.) THE WITNESS: I did not read the opinion. BY MR. SWEEfAPPLE: Q. Okay. And than you said that he also fmad that I failed to acknowledge well - established case law including Supreme Court precedence. Did you read that language regarding ms before you erred in that statement? A. You're talking about the statement that I went back to the commission and said I made the statement erroneously, I apologize, and here's correctly what it says? Are you talking about that statemer.t? Q. I'm talking about the statement, air, on 6/13/14. A. I don't know Which statement you're making. Q. Well, Ware you said that I failed to acknowledge well - established case law including Supreme Court precedence. Did you read -- strike that. Pagc 47 1 town council that your attorney had found the Benton 2 case at the courthouse? 3 A. Could you repeat the question? 4 Q. Do you have any idea how this alleged decision 5 before Judge Benton was located from the First District 6 Court of Appeal? 7 MR. DEMM: You can answer yee or no. 8 M WM7M: (Conferring with attorney.) 9 Feat was your question again? 10 BY MR. SWEhTAPPIE: 11 Q. Do you have any knowledge as to haw this case 12 regarding Judge Benton was located in the courthouse? 13 A. No. 34 Q. And you stated to my client that Judge Benton 15 found that Mr. Sweetapple consistently misrepresented 16 testimony. Did you read this opinion before you made 17 that statement? le A. I told you, I erred in what I said. Those 19 words are in that opinion. Would you like me to read 20 them for you? 21 Q. Mr. O'Boyle, I -- 22 A. Would you like me to read them for you? 23 Q. Mr. O'Boyle -- 24 A. Would you like me to read them for you? 25 Q. I'm trying to ask you a question. Page 49 1 Did you read any of Judge Benton's opinion 2 before you went to the commission on June 13, 2014? Or 3 did you just go based on what s told you. 4 M. UPSMM: Objection. Porn. 5 BY MR. SWEECAPPLE: 6 Q. Can you answer that question? Did you read 7 the opinion at all before you went into the commission 8 meeting m 6/13/2014? Yes or no, please. Do you know 9 the answer? 10 Are you able to answer the question yes or no, 11 Mc. O'Boyle, as to whether or not you read Judge 12 Benton's opinion before you attended the council meeting 13 on June 13, 2014? 14 Certify that question. I'll just move on to 15 the next area. I'll ask the court to bring Mr. O'Boyle 16 lack to answer any question that he is delaying on 17 and -- 18 M. DFSORA: Are you suggesting he's refusing 19 to answer you, bemuse I don't think he's done 20 that. 21 M. SIRMEAPPIE: I asked him if he can answer 22 yes or no as to whether or not he's told me he 23 didn't read it before he said -- 24 7703 WM=! The answer is I can answer yea 25 or no. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Past 51 but I recall making a statement that would have been very similar to that, if not that exact statement. Q. And wary did you believe I had redacted any of my bills? A. Because you did. Q. I did? On what basis do you believe I redacted any bills? A. Every time I asked for them over at town hall they said, we're waiting for Mr. Sweetapple to redact them. Q. And that makes you believe I did the redactions? A. Unless they're all liars. Q. Do you know whether or not I irstructed the town's council to go ahead and redact, rather than me, when I was asked because I deemed it was the town's attorney's decision as to what was a public record, not mine? A. It was your bill. I was told by the town that you were redacting it. 'That's what i relied on. Q. so you made a public statement based on that; that I was in noncompliance with a state statute because I had redacted portions of my bill, correct? A. I made the statement that I made, based upon good faith information that I received from (a), your Page 53 A. I don't know that I did go on June 13, 2014. Q. Assuming that that's the date of the meting that you're reading from. A. I'm not reading from any meting. Q. I've handed you a copy of Exhibit 2. It is right here, sir. A. Uh -huh. Q. Why did you go to the town on that day and make these comments? A. Because I thought the people in the town should realize what is going on in this town; how this town is being -- my words -- raped. Q. And so you thought I was part of some rape of the town? A. I answered the question. Whether you were part of the rape, I don 't really know, but you sure weren't giving away anything. Q. Form? A. You sure weren't giving away anything. Mr. Morgan, he site up there and he preaches about how he defends these public records lawsuits. He doesn't defend them. You don't defend them. You're aggressively pursuing extraneous, I guess, lawsuits, motions, whatever you want to call it. I don't know what the answer is. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 50 1 BY MR. SWEEIAPPLE: 1 2 Q. Okay. So you don't recall? 2 3 A. I just said the answer is I can answer yes or 3 4 no. 4 5 Q. What is your answer to my question? 5 6 A. I'll let you know. 6 7 Q. Okay. You still need more time to tell me 7 8 whether or not you read it or not? S 9 A. Yes. Yes. 9 10 Q. In other words, you have to read the opinion 10 11 to refresh you recollection? 11 12 A. I'm not going to answer that question. 12 13 Q. Let's move on to the next gsestion, 13 14 Mr. O'Boyle. 14 15 You said also at the meeting that 15 16 "Mr. Sweetapple's noncompliance with state statute 16 17 Chapter 119 for public records." Do you recall saying 17 1S that, sir? Do you want to take a look at Exhibit 2? Is 19 A. I remember that. 19 20 Q. And then you said, "He redacted portions of 20 21 his bill. And anyone who knows anything about public 21 22 records knows if you're going to redact you have to tell 22 23 under which exception...- 23 24 Do you recall making that statement? 24 25 A. I don't recall making that exact statement, 25 Past 51 but I recall making a statement that would have been very similar to that, if not that exact statement. Q. And wary did you believe I had redacted any of my bills? A. Because you did. Q. I did? On what basis do you believe I redacted any bills? A. Every time I asked for them over at town hall they said, we're waiting for Mr. Sweetapple to redact them. Q. And that makes you believe I did the redactions? A. Unless they're all liars. Q. Do you know whether or not I irstructed the town's council to go ahead and redact, rather than me, when I was asked because I deemed it was the town's attorney's decision as to what was a public record, not mine? A. It was your bill. I was told by the town that you were redacting it. 'That's what i relied on. Q. so you made a public statement based on that; that I was in noncompliance with a state statute because I had redacted portions of my bill, correct? A. I made the statement that I made, based upon good faith information that I received from (a), your Page 53 A. I don't know that I did go on June 13, 2014. Q. Assuming that that's the date of the meting that you're reading from. A. I'm not reading from any meting. Q. I've handed you a copy of Exhibit 2. It is right here, sir. A. Uh -huh. Q. Why did you go to the town on that day and make these comments? A. Because I thought the people in the town should realize what is going on in this town; how this town is being -- my words -- raped. Q. And so you thought I was part of some rape of the town? A. I answered the question. Whether you were part of the rape, I don 't really know, but you sure weren't giving away anything. Q. Form? A. You sure weren't giving away anything. Mr. Morgan, he site up there and he preaches about how he defends these public records lawsuits. He doesn't defend them. You don't defend them. You're aggressively pursuing extraneous, I guess, lawsuits, motions, whatever you want to call it. I don't know what the answer is. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 52 1 bill; and (b), from the town. 1 2 Q. And who in the town told you that I was going 2 3 to redact my bills? 3 4 A. I believe it was ]telly Avery. 4 5 Q. And did she tell you I had redacted them? 5 6 A. I don't know. 6 7 Q. And when was that conversation? 7 8 A. I don't remember. 8 9 Q. Have you had any other conversations about my 9 10 bill with the town? 10 11 A. Yes. 11 12 Q. What other onuversations have you had 12 13 regarding my bills? 13 14 A. Last week, when Mr. Thrasher put his nose up 14 15 against the lens of my camera. 15 16 Q. And has anyone at town hall ever told you that 16 17 I was involved in redacting my bills? 17 1s A. Ms. Avery. 10 19 Q. Ms. Avery told you I had redacted my bills, or 19 20 I was going to? 20 21 A. I took it -- I don't remember the exact words, 21 22 but I took it as you were going to. 22 23 Q. Mow, you say -- and why did you go to the Tcwn 23 24 of Gulf Stream on June 13, 2014 and make the statements 1 24 25 about met 25 Past 51 but I recall making a statement that would have been very similar to that, if not that exact statement. Q. And wary did you believe I had redacted any of my bills? A. Because you did. Q. I did? On what basis do you believe I redacted any bills? A. Every time I asked for them over at town hall they said, we're waiting for Mr. Sweetapple to redact them. Q. And that makes you believe I did the redactions? A. Unless they're all liars. Q. Do you know whether or not I irstructed the town's council to go ahead and redact, rather than me, when I was asked because I deemed it was the town's attorney's decision as to what was a public record, not mine? A. It was your bill. I was told by the town that you were redacting it. 'That's what i relied on. Q. so you made a public statement based on that; that I was in noncompliance with a state statute because I had redacted portions of my bill, correct? A. I made the statement that I made, based upon good faith information that I received from (a), your Page 53 A. I don't know that I did go on June 13, 2014. Q. Assuming that that's the date of the meting that you're reading from. A. I'm not reading from any meting. Q. I've handed you a copy of Exhibit 2. It is right here, sir. A. Uh -huh. Q. Why did you go to the town on that day and make these comments? A. Because I thought the people in the town should realize what is going on in this town; how this town is being -- my words -- raped. Q. And so you thought I was part of some rape of the town? A. I answered the question. Whether you were part of the rape, I don 't really know, but you sure weren't giving away anything. Q. Form? A. You sure weren't giving away anything. Mr. Morgan, he site up there and he preaches about how he defends these public records lawsuits. He doesn't defend them. You don't defend them. You're aggressively pursuing extraneous, I guess, lawsuits, motions, whatever you want to call it. I don't know what the answer is. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 Page 54 And I want the people to knaw, and I wish I could get more people to know, and I wish I could get more people to listen, and I wish I could get more people to say we've had enough. Q. And so you went there to that meeting. Did you know the meeting was televised when you went there? A. Televised. Q. Did you know that the meeting -- strike that. Did you know the meeting -- was the meeting videotaped? A. Yes. It was two videotapes. Q. And nn you know if those videotapes play cm any television stations? A. No, I do not. Q. And so you went to that meeting for the purpose of attacking me. You called -- strike that. You see when you called me literally a -hotshot lawyer?^ A. Nell, you are. Q. And you want there knowing that you considered me a hotshot lawyer, but you went there to impugn m, right? MR. DESWZA: Objection. THE WITNESS: No. Page 55 1 BY MR. SWEEWPLB: 2 Q. Wasn't that your intent in making these 3 statements, to impugn me? 4 A. No. No. 5 Q. Didn't you do that after I filed a motion to 6 disqualify the O'Boyle law Firm in this case; within a 7 week of my filing -- strike that -- within a week of 6 your meeting with Mr. Ring regarding a action that I had 9 filed to disqualify your son's law firm7 10 A. No. I would have done it anyway. 11 MR. DES=: Sold on. 12 BY MR. SWEETIPPLE: 13 Q. Let me rephrase. 14 MR. DES=: Object to farm. 15 BY MR. SWEElAPPLE: 16 Q. I111 rephrase it. I'm mt sure if I flunked 17 high school English or high srhml history. I think it 10 was history. It was college, freshman year, it should 19 have been English, though. I'll rephrase it. 20 Do you recall that I filed, on behalf of the 21 town, a motion to disqualify your son's law firm 22 alleging that it is mt a bona fide interstate law firm? 23 THE WITNESS: An absolute crime, yes, I do. 24 BY MR. SWEEI'APFLE: 25 Q. It was a crime? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 56 Nge 57 1 A. I think it was a crime you filed that. Yes, I 1 BY MR. S6EEWPLE; 2 dc. 2 Q. No? 3 Q. So you think I've committed a crime? 3 A. No. 4 A. I think you've committed a crime by filing 4 MR. DESUM: I'm sorry, Bob, I have to use 5 that, yes, sir. And M. O'Connor as well. 5 the restrotm. 6 Q. What crime do you think I've connitted? 6 MR. SrEEWPLB: ft don't we take a break. 7 A. I say a crime in the generic sense. I think 7 THE VIDDJCAAPH R; The time is 11:01 a.m., 0 there's a litigation -- what do you call it -- a we're going off the record. 9 litigation privilege, so you can't be -- it can't be a 9 (At 11:01 a.m. a recess was taken.) lO crim. But I think what you did to my son in nor' world, 10 THE VIDl9DGWIRER: The time is approximately 11 Marty O'Boyle's world, Marty O'Boyle's definition, I 11 11:20 a.m. Wre back on the record. 12 think it's a crime. 12 BY MR. SWEECAPPLE: 13 Q. And you've had your son appear on your behalf 13 Q. I believe we left off, Mr. O'Boyle, where you 14 to represent you as a lawyer, haven't you, before ealf 14 were indicating that my assertiora that the O'Boyle law 15 Stream? 15 Firm and your son are engaged in the unlawful practice 16 MR. DESOQZA: Sorry. You kind of trailed off 16 of law in the state of Florida was a crime. And I want 17 at the end there, Bob. Yw said with respect to 17 to follow up on that -- that staterent that you made. is Gulf Stream or? 16 Are you aware -- well, strike that. You Mn 19 BY MR. SfE RiAPPLE: 19 aware that there was m O'Boyle law Firm in the state of 20 Q. Yeah. Let me -- you had a case in the Town of 20 Florida in July of 2013, right? 21 Ci if Stream and you had your son appear on your behalf 21 A. No, I Mann It. 22 and file a mere When he indicated he was an attorney at 22 Q. Right. 'here was mt one, right? 23 law, didn't you? 23 A. No. I said I was not aware. 24 MR.SNIITH: Object to the form. 24 Q. Well, was there an O'Boyle Law Firm in 25 THE WITNESS: No. 25 Florida? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 59 owner of the building is? A. I do rot. Q. And bmw long has that partnership owned the building? A. Twenty - something years. Q. And the O'Boyle Law Firm became a tenant in that building at some point? A. Yes. 0. When did they become a tenant? A. I don't recall. Q. Was it, when it was formed in February of 2014? A. I don't think so. Q. Does the O'Boyle Law Firm have a lease with the owner of the premises? MR.SMLTH: Excuse me, Bob. I think this is totally irrelevant to the merits of the case or notion for sanctions as it pertains to the o'Boyle 1aw Firm and its private natters. MR. SWEE7AFFLE: I don't think so at all. I think it's clearly going to go to my defense of whether or mt it's a bola fide firm and whether or mt we ode any fees to this alleged firm, which will be one of the defenses I'm going to be asserting in all of these cases. Page 61 with sigm? A. I think so. Now Q. sort of. A. You're asking ae to have it memorized and I don't. I'm giving you the best answer I can. Q. What -- it I a public records request case, right? A. Yes. Q. And what records were requested in the case that you're being deposed on here today? A. I'd have to see the Complaint. Q. You didn't look at the Conplaint before your deposition? A. I didn't mwori2e it. Q. Did you look at it at all? A. Yes, Q. Do you remember anything that was in your Complaint that you sued the tmn over? A. Yeah. I think }larch 3rd and March 4th, or March 4th and March 5th end signs. Q. All right. And in your Complaint you seek fees for a law firm by the new of the O'Boyle law Firm, correct? A. I'm mt sure if that's true or not, but... 0. Okay. Well, you are represented by the Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Pagc 58 1 A. I was rot aware. 1 2 Q. When was the O'Boyle Law Firm formed in 2 3 Florida? 3 4 A. I'm not aware. 4 5 Q. You don't know? 5 6 A. No. 6 7 Q. Well, are you aware whether or not the O'Boyle 7 8 Law Firm occupies any space at 1280 West Newport Center 8 9 Drive, the building you described in the beginning of 9 10 your deposition? 10 11 A. They do not. 11 12 0• Are they -- they don't occupy -- they're not 12 13 in that building? 13 14 A. No. 14 15 Q. Where are they located? 15 16 A. 1206 West Newport Center Drive. 16 17 Q. Is that the same building that your offices 17 18 are in? 18 19 A. Depends what's the same building is, but I 19 20 would say yes. 20 21 Q. Who is the record owner of that building? 21 22 A. It's a limited partnership. 22 23 Q. What is the new of it? 23 24 A. I don't know. 24 25 Q. You don'L know who the limited partnership 25 Page 59 owner of the building is? A. I do rot. Q. And bmw long has that partnership owned the building? A. Twenty - something years. Q. And the O'Boyle Law Firm became a tenant in that building at some point? A. Yes. 0. When did they become a tenant? A. I don't recall. Q. Was it, when it was formed in February of 2014? A. I don't think so. Q. Does the O'Boyle Law Firm have a lease with the owner of the premises? MR.SMLTH: Excuse me, Bob. I think this is totally irrelevant to the merits of the case or notion for sanctions as it pertains to the o'Boyle 1aw Firm and its private natters. MR. SWEE7AFFLE: I don't think so at all. I think it's clearly going to go to my defense of whether or mt it's a bola fide firm and whether or mt we ode any fees to this alleged firm, which will be one of the defenses I'm going to be asserting in all of these cases. Page 61 with sigm? A. I think so. Now Q. sort of. A. You're asking ae to have it memorized and I don't. I'm giving you the best answer I can. Q. What -- it I a public records request case, right? A. Yes. Q. And what records were requested in the case that you're being deposed on here today? A. I'd have to see the Complaint. Q. You didn't look at the Conplaint before your deposition? A. I didn't mwori2e it. Q. Did you look at it at all? A. Yes, Q. Do you remember anything that was in your Complaint that you sued the tmn over? A. Yeah. I think }larch 3rd and March 4th, or March 4th and March 5th end signs. Q. All right. And in your Complaint you seek fees for a law firm by the new of the O'Boyle law Firm, correct? A. I'm mt sure if that's true or not, but... 0. Okay. Well, you are represented by the Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Pagc 611 1 MR.SMITH: Well, thus fa: those are unplead 1 2 defenses. 2 3 MR. SWEEPAPPLE: Well, I an entitled to take 3 4 discovery of anything that's calculated to lead to 4 5 the discovery of admissible evidence, and I'm 5 6 planning on amending my pleadings, so. 6 7 MR. SMITH: Actually, you're incorrect about 7 8 that. Discovery has to be relevant. 8 9 MR. SWEEMPPLE: I think that -a mt the 9 10 standard for questions in deposition. But let's go 10 it forward. 11 12 BY MR. SWEETAPPLE: 12 13 Q. Mr. O'Boyle, does the O'Boyle law Firm -- 13 14 you're represented by the O'Boyle Law Firm in this case, 34 15 right? IS 16 A. Yes. 16 17 Q. Do you know what this case -- which rase we're 17 18 here on? 10 19 A. O'Boyle versus Gulf Stream. 19 20 Q. And do you kmw what the facts of that case 20 21 are? 21 22 A. Yes. It's in connection with March 3rd and 22 23 4th, or March 3rd, 4th and 5th, I think, 2014, where the 23 24 Town of Gulf Stream stole wry signs. 24 25 Q. So this is a case you believe that has to do 25 Page 59 owner of the building is? A. I do rot. Q. And bmw long has that partnership owned the building? A. Twenty - something years. Q. And the O'Boyle Law Firm became a tenant in that building at some point? A. Yes. 0. When did they become a tenant? A. I don't recall. Q. Was it, when it was formed in February of 2014? A. I don't think so. Q. Does the O'Boyle Law Firm have a lease with the owner of the premises? MR.SMLTH: Excuse me, Bob. I think this is totally irrelevant to the merits of the case or notion for sanctions as it pertains to the o'Boyle 1aw Firm and its private natters. MR. SWEE7AFFLE: I don't think so at all. I think it's clearly going to go to my defense of whether or mt it's a bola fide firm and whether or mt we ode any fees to this alleged firm, which will be one of the defenses I'm going to be asserting in all of these cases. Page 61 with sigm? A. I think so. Now Q. sort of. A. You're asking ae to have it memorized and I don't. I'm giving you the best answer I can. Q. What -- it I a public records request case, right? A. Yes. Q. And what records were requested in the case that you're being deposed on here today? A. I'd have to see the Complaint. Q. You didn't look at the Conplaint before your deposition? A. I didn't mwori2e it. Q. Did you look at it at all? A. Yes, Q. Do you remember anything that was in your Complaint that you sued the tmn over? A. Yeah. I think }larch 3rd and March 4th, or March 4th and March 5th end signs. Q. All right. And in your Complaint you seek fees for a law firm by the new of the O'Boyle law Firm, correct? A. I'm mt sure if that's true or not, but... 0. Okay. Well, you are represented by the Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 61 representing you? MR. DESOM: Thank you. THE W17WM: I don't kmw. BY MR. SWEETAPPLE: Q. And have you ever seen any written agreement with the O'Boyle law Firm regarding you being represented individually? A. I don't know. Q. Is the O'Boyle Law Firm -- does the O'Boyle Law Firm have any Written agreements with you or any Of your entities such as leases or otherwise? Any other financial transactions between you and the O'Boyle law Firm other than them being your lawyer? N42. DESOM: Objection. Form. THE WITNESS: Are you talking about in this case, or in every case in the world? BY MR. SWEEPRPPLE: Q. Not with regard to cases. I want to know what your financial arrangements and dealings with the O'Boyle law Firm are. M.94rTH: Excuse me. That's really going -- that's irrelevant. That is going far afield. BY MR. SWEECAPPLE: Q. Let me break it down for you. I'll break it down for you. Page 62 1 O'Boyle law Firm in this case, correct? 1 2 A. I am. 2 3 Q. And there is a prayer for attorneys' fees; is 3 4 there not? 4 5 A. I believe there is. 5 6 Q. Okay. And do you have any agreement employing 6 7 the O'Boyle Law Firm? 7 8 A. I believe I do. 8 9 Q. Is it a written agreement? 9 10 A. I don't know. 10 11 Q. You don't know if you have a written 11 12 agreement? 12 13 What are the terms of your agreeent that you 13 14 believe you have with the O'Boyle law Firm? 14 15 A. I don't know. 15 16 Q. And who was your agreement with at the O'Boyle 16 17 law Firm? Which lawyer? 17 18 MR. DESOM: I'm sorry, Bob, am you talking Is 19 about with respect to this case? 19 20 MR. 5WEBTAFPLE: Yes, with respect to just 20 21 this rase. 21 22 MR. DEMM: I couldn't figure that out. 22 23 BY MR. SWFEMPLE: 23 24 Q. With regard to this case, who was your 24 25 agreement with regarding the O'Boyle Law Firm 25 Page 61 representing you? MR. DESOM: Thank you. THE W17WM: I don't kmw. BY MR. SWEETAPPLE: Q. And have you ever seen any written agreement with the O'Boyle law Firm regarding you being represented individually? A. I don't know. Q. Is the O'Boyle Law Firm -- does the O'Boyle Law Firm have any Written agreements with you or any Of your entities such as leases or otherwise? Any other financial transactions between you and the O'Boyle law Firm other than them being your lawyer? N42. DESOM: Objection. Form. THE WITNESS: Are you talking about in this case, or in every case in the world? BY MR. SWEEPRPPLE: Q. Not with regard to cases. I want to know what your financial arrangements and dealings with the O'Boyle law Firm are. M.94rTH: Excuse me. That's really going -- that's irrelevant. That is going far afield. BY MR. SWEECAPPLE: Q. Let me break it down for you. I'll break it down for you. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8566 Page64 Page65 1 gave you received any bills fen the O'Boyle 1 hundreds in the name of entities that he has formed 2 Law Firm? 2 and funded that am occupying the same space as the 3 MR.SNIITH: In this case? 3 law firm and run by the aame people as the law 4 BY MR. SWEEIAPPLE: 4 firm. 5 Q. Regarding this wee. 5 And I'm entitled to find out what his 6 A. I believe we have paid the O'Boyle law Firm. 6 relationship is with this law firm, which I 7 Whether we have received bills or credits or debits, I 7 maintain is not a licensed law firm. 8 don't know. 8 BY MR. S'n2EFAPPLE: 9 Q. You paid then attorneys' fees to the O'Boyle 9 Q. N7. O'Boyle, have you paid -- have you 10 Law Firm , or loaned money to the O'Boyle law Firm? 10 received any statements? Let's go back to that, because U MR.MITT'H: Ifmcuse me. Whether he's loaned 11 you didn't answer my question. Rave you received any 12 money to the O'Boyle law Fine is irrelevant to any 12 statement from the O'Boyle Law Firm regarding this case, 13 of the claims in this case. 13 services rendered in this case? 14 MR. SW86D4PPLE: I don't think so. I think to 14 A. First, let me correct that I think we've filed 15 the extent there's the unlawful practice of law 15 nine or 12, cot hundreds and hund zeds of lawsuits. 16 going on and Wr. O'Boyle's involved in it, I think 16 Q. Well, Mr. O'Boyle, I'm going to get into all 17 it's going to be part of Bone of my counterclaims 17 of your alter egos like the Citizens Awareness le in this case, and sere of the claims we're going to le Foundation and other entities that you an intimately 19 be bringing. 19 involved in and funded later on. 20 MR. DESOUM: Regarding the O'Boyle law Firm. 20 So when I say "youe I'm referring to you and 21 MR.MTH: You're engaging in a fishing 21 all of your entities that you have formed and are 22 expedition, Bob. 22 funding and are running with you personnel, including 23 MR, SWEETAPPIE: No, I'm not. I want to know 23 your lawyers and employees. 24 What his relationship is with his attorneys in this 24 MR. DESOM: I'm going to object to these 25 case. He's filed dozens of cases in his name and 25 naming statements that go on. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8566 Page 69 MR. SWEEIAPPLE: I'll show it to your attorney first, please. MR. DESOOZA: What did you say this was, Bob? MR. SWEEfAPPLE: I just reading from the heading, Counsel. MR. DES=: Okay. BY MR. S'WEETAPPLE; Q. Please look at Exhibit 3. And I want to know, did you retain your eon, Jonathan O'Boyle, to represent you as an attorney in Florida in the year 2013 at any time? A. No. Q. Was he -- A. Not that I can recall. Q. Was he authorized to file a docunw.nt on your behalf with the Town of Gulf Stream representing that he was the attorney for you? A. I'm sure he was, or else he wouldn't have done it. Q. He was your attorney at that time? A. I didn't say that. Q. Was he your attorney in this proceeding in Gulf Stream, Florida in July of 2013? A. Weil, he prepared a document, and as the attorney for Martin O'Boyle, so from there you can take Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 66 A. 1 MR. SWEEIAPPLE: I'm just answering your 1 2 client's question, Damsel. 2 3 M. DESOUZA: No. You're characterizing alter 3 4 egos and making openings and closings on the 4 5 record. 5 6 BY MR. SWEEIAPPLE: 6 7 Q. We -11 get to that. 7 8 Mr. O'Boyle, let's try again. If I can get an E 9 answer I won't have to explain myself to you. 9 10 Have you received any billings from the 10 11 O'Boyle law Firm with regard to the services that have 11 12 been rendered or are being rendered in this case? 12 13 A. I have not received any billings from any law 13 14 firm or any vendor. I don't get that information. 14 15 Q. Who would -- you personally, if you were 15 16 billed for services on this case, who would get those 16 17 bills? 17 18 A. I can't answer you. 18 19 Q. You don't knew? 19 20 A. Ea. 20 21 Q. What was your agreement with the O'Boyle Law 21 22 Firm as to how you would be billed in this case? 22 23 A. I don't recall. 23 24 Q. Do you agree to have them represent you on an 24 25 hourly basis? 25 Page 69 MR. SWEEIAPPLE: I'll show it to your attorney first, please. MR. DESOOZA: What did you say this was, Bob? MR. SWEEfAPPLE: I just reading from the heading, Counsel. MR. DES=: Okay. BY MR. S'WEETAPPLE; Q. Please look at Exhibit 3. And I want to know, did you retain your eon, Jonathan O'Boyle, to represent you as an attorney in Florida in the year 2013 at any time? A. No. Q. Was he -- A. Not that I can recall. Q. Was he authorized to file a docunw.nt on your behalf with the Town of Gulf Stream representing that he was the attorney for you? A. I'm sure he was, or else he wouldn't have done it. Q. He was your attorney at that time? A. I didn't say that. Q. Was he your attorney in this proceeding in Gulf Stream, Florida in July of 2013? A. Weil, he prepared a document, and as the attorney for Martin O'Boyle, so from there you can take Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 68 A. 1 have been me. I don't recall. 1 2 Q. And did you have discussions with your son, 2 3 Jonathan, with regard to engaging the firm? 3 4 MR. DFSOCZA: With respect to this case? 4 5 BY W. SWEEMPLE: 5 6 Q. With respect to this case. 6 7 A. No. 7 B (Defendant's Exhibit No. 3 was narked for 8 9 identification.) 9 10 BY MR. SWEEIAPPLE: 10 11 Q. What about with respect to the case of Gulf 11 12 Stream versus O'Boyle? Did you ask your son -- because 12 13 you've indicated I'm committing a crime by pointing out 13 14 what you and your sc, are doing. 14 15 let me ask you about what I'm narkug as 15 16 Exhibit 3, which is a petition to Gulf Stream Special 16 17 Magistrate Court. And it's called case: Glrlf Stream 17 le versus O'Boyle. It is dated July 17, 2013. And it says is 19 prepared by Jonathan R. O'Boyle, Esq., attorney for 19 20 Martin E. O'Boyle. 20 21 Let me show you Exhibit 3. Have you ever seen 21 22 that before, air? 22 23 ER. OESCUZA: Are there copies? 23 24 MR. SWESTAPPIE: That's the only copy I have. 24 25 THE WITNESS: No. 25 Page 69 MR. SWEEIAPPLE: I'll show it to your attorney first, please. MR. DESOOZA: What did you say this was, Bob? MR. SWEEfAPPLE: I just reading from the heading, Counsel. MR. DES=: Okay. BY MR. S'WEETAPPLE; Q. Please look at Exhibit 3. And I want to know, did you retain your eon, Jonathan O'Boyle, to represent you as an attorney in Florida in the year 2013 at any time? A. No. Q. Was he -- A. Not that I can recall. Q. Was he authorized to file a docunw.nt on your behalf with the Town of Gulf Stream representing that he was the attorney for you? A. I'm sure he was, or else he wouldn't have done it. Q. He was your attorney at that time? A. I didn't say that. Q. Was he your attorney in this proceeding in Gulf Stream, Florida in July of 2013? A. Weil, he prepared a document, and as the attorney for Martin O'Boyle, so from there you can take Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 67 A. I think so. Well, it depends on what the case was, I think. Q. So what were the terms of your employment with regard to this case? Was it on an hourly basis? A. I don't think so. Q. So what were the terms? A. I don't know. Q. You don't know what the terms of your employment of the O'Boyle firm are in this case? A. You don't have to keep repeating it. Once is good enough. The answer is no. Q. And you don't know, if there's a writing that memorializes that agreement, correct? A. I do not know. Q. Ric did you negotiate the enplcynent arrarxlerent with, with regard to the O'Boyle law Firm? A. I may not have negotiated it. Q. Well, did you? A. I don't recall. Q. You don't recall ever engaging the firm? A. 'hat's not what I said. Q. Did you engage the firm? A. As far as I'm concerned, yes. Q. Who is it you contacted to engage the firm? A. I don't recall who was handling it. It may Page 69 MR. SWEEIAPPLE: I'll show it to your attorney first, please. MR. DESOOZA: What did you say this was, Bob? MR. SWEEfAPPLE: I just reading from the heading, Counsel. MR. DES=: Okay. BY MR. S'WEETAPPLE; Q. Please look at Exhibit 3. And I want to know, did you retain your eon, Jonathan O'Boyle, to represent you as an attorney in Florida in the year 2013 at any time? A. No. Q. Was he -- A. Not that I can recall. Q. Was he authorized to file a docunw.nt on your behalf with the Town of Gulf Stream representing that he was the attorney for you? A. I'm sure he was, or else he wouldn't have done it. Q. He was your attorney at that time? A. I didn't say that. Q. Was he your attorney in this proceeding in Gulf Stream, Florida in July of 2013? A. Weil, he prepared a document, and as the attorney for Martin O'Boyle, so from there you can take Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 71 O'Connor lied to a federal judge? A. Because I think that she should be dealt with. I would never even consider lying to a federal judge. I'm not a lawyer, but I don't think there's a lawyer in this roan besides Ms. O'Connor who would consider lying to a federal judge. Q. Are you aware that Judge Young, in a decision entered against you in Tennessee, stated that you quote, "Made factually ungrounded cortenticns." You had "An inrrcper purpose," and that your goal in the litigation was to, "punish the defendants." Do you recall that's what the judge in Tennessee said about your conduct in that case, Mr. O'Boyle? A. No. Q. Okay. And that he had no difficulty, the judge had no difficulty finding you in contempt repeatedly and sanctioning you personally, because you were involved in the strategy decisions in the case. Are you aware the judge said that? A. No. Q. Okay. And are you aware that the judge did not sanction your lawyers, he determined to just sanctim you and hold you in cmtelpt repeatedly in that case over a seven-year period? Page 70 1 whatever you want. 1 2 Q. What should I take from that? 2 3 A. Whatever you like. 3 4 Q. And didn't -- didn't your son appear pro hac 4 5 vice in a case before Judge Middlebrocks during the 5 6 summer of 2013? 6 7 A. I think, if I'm reeubering right, that's the 7 8 one when M5. O'Connor lied to the judge. I think a 9 that's the me, yes. 9 10 Q. So when I asked you the question of whether or 10 11 not in the summer of 2013 your am appeared pro hac vice U 12 before Judge Middlebrooks your response is, "That's the 12 13 one where Ms. O'Connor lied before the judge ?" 13 14 A. No. Lied to the judge. 14 15 Q. Lied to the judge? 15 16 A. Yes. 16 17 Q. In other words, you can't tell me yes or no 17 18 whether or not your son appeared pro hat vice without is 19 accusing a lawyer in this case of lying? 19 20 A. I'm nut accusing her. I'm making a statement. 20 21 She lied. 21 22 Q. Was that related to my question? I'm now 22 23 focusing on your am's nsauthorized practice of law, and 23 24 your relationship with the O'Boyle Law Firm. And why 24 25 would you bring up whether or not you believe Ms. 25 Page 71 O'Connor lied to a federal judge? A. Because I think that she should be dealt with. I would never even consider lying to a federal judge. I'm not a lawyer, but I don't think there's a lawyer in this roan besides Ms. O'Connor who would consider lying to a federal judge. Q. Are you aware that Judge Young, in a decision entered against you in Tennessee, stated that you quote, "Made factually ungrounded cortenticns." You had "An inrrcper purpose," and that your goal in the litigation was to, "punish the defendants." Do you recall that's what the judge in Tennessee said about your conduct in that case, Mr. O'Boyle? A. No. Q. Okay. And that he had no difficulty, the judge had no difficulty finding you in contempt repeatedly and sanctioning you personally, because you were involved in the strategy decisions in the case. Are you aware the judge said that? A. No. Q. Okay. And are you aware that the judge did not sanction your lawyers, he determined to just sanctim you and hold you in cmtelpt repeatedly in that case over a seven-year period? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 72 Page 73 1 A. Maybe -- I can't answer that. I never was on 1 answering your question as to why I didn't make 2 the stand. I never testified before him. I never 2 multiple copies of this. I wasn't expecting to 3 signed anything in front of him. It is what it is. 3 have to use these to refresh your client's 4 Q. And then you sued Shulman Rogers Caudal Pordy, 4 recollection, but I apparently need to. 5 Ecker, P.A., Rose D. Canner and Marcus Nberman, 5 MR.SMITM: I'm sorry. I didn't hear what 6 correct? Your attorneys. You, personally, Martin 6 E#nibit 4 is. 7 O'Boyle and others sued your attorneys in federal court 7 MR. SWEEMPPLE: We a copy of an appellate 6 in Tennessee, didn't you? 8 decision from the Sixth Circuit Federal Court of 9 A. I think New Midland Plaza Associates did. 9 Appeals in a case when Mr. O'Boyle is individually 10 Q. Let se show you a copy of an opinion from the 10 a plaintiff, when he sued his lawyers for 11 United States Coat of Appeals for the Sixth Circuit. 11 malpractice, and then took an appeal. 12 The style of the case is Martin E. O'Boyle, 12 You will see it's a pattern with Mr. O'Boyle. 13 individually, and as general partner in New Midland 13 It's not the only malpractice case you are going to 14 Plaza Associates et al versus Shulman, et al. I'm going 14 see that I'll be questioning him about that he's 15 to mark this as Exhibit 4 to your deposition, sir. 15 brought and lost. 16 (Defendant's Exhibit Loo. 4 was marked for 16 MR. SMITH: I appreciate how you feel about 17 identification.) 17 it, but I was just asking what it -- 18 MR. DPSOM: Is there another one? You only is MR. SWEETAPPLE: I'm just giving you a head's 19 have one copy? 19 up, Mr. Smith. 20 MR. SWEEMUPLE: I only have one copy. I was 20 MR. DESO(M: Good opening, by the way, Bob, 21 hoping your client would remember sere of this 21 MR. SWExTAPPLE: You don't even know what case 22 stuff but, apparently, he doesn't remember when 22 I'll be opening yet, Counsel. I think you're 23 judges hold him in contempt repeatedly. 23 clueless as to what is going on here, or maybe you 24 MR. DESWZA: I9 that a question, Bob? 24 wouldn't even be sitting there. 25 MR. SWEE1'APPLE: It's just a statement. I'm 25 MR. DFSOM: I think you should continue with Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 74 Fags 75 1 your opening statement. 1 BY MR. SWEEWPLE: 2 MR.5MITH: Bob, that is inappropriate, that 2 0. Now, have you had a chance to look at LhaL 3 consent, in my opinion for what it's worth, which 3 Exhibit 4, Mr. O'Boyle? 4 may not be ouh. 4 A. I have. 5 MR. SWEEfAPPLE: If he's going to continue to 5 0. Okay. Do you recall that you, prior to that 6 insult me by saying Ian making openings, I'm going 6 appeal, personally sued that law firm in a federal 7 to respond to his criticisms and let him know that 7 district court? 6 his facetious remarks are, in all likelihood, made s A. I do not. 9 wt of ignorance because I have a whole box here of 9 Q. And you do recall that you lost that case in 10 information that he knows nothing about. And raybe 10 the federal district court? 11 when he listens in this deposition and other 11 A. I do not. 12 depositions, he is going to know a lot Wore than he 12 0. Do you recall that you then took an appeal to 13 knows now. 13 the federal appellate court and last in the federal 14 MR. SMITH: Don't. 14 appellate court? 15 W. SWEBTAPPLE: And Mr. O'Boyle finds it all 15 A. I do not. 16 very boring and putting him to sleep, but maybe he 16 Q. Let's get back to your dealings with the 17 won't be asleep at soon point in this litigation. 17 O'Boyle law Firm. You don't know the terms of your is MR. DESOOZA: Can we get to a question at sane 1s eiployamt, if any. bb you know if you had any other 19 point today? 19 financial ar angernents with the law firm? 20 MR. SKEETAPPLE: I am, as soon as Mr. Smooth is 20 MR. DESODZA: Objection. Fovn. 21 done reading the domenuat and handing it back to 21 THE WITNESS: I don't know what that means. 22 the witness, Counsel. I'm trying to be courteous 22 BY MR . SWEEFAPPLE: 23 to all three attorneys -- all four attorneys that 23 0. Have you paid the law fine any mmey? Did you 24 have accoipanied Mr. O'Boyle to the deposition. 24 pay them a retainer related to this case? 25 Has everyone had a chance to review? 25 A. 1 wouldn't know. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 76 Page 77 1 Q. Are you giving them free rent? 1 A. I can't say for sure. 2 A. No. 2 Q. And how nauh space is the O'Boyle law Firm 3 Q. Are they paying you tent? 3 renting in this building? 4 A. I wouldn't know. 4 A. Half. 5 Q. Do they have a lease with the entity that owns 5 Q. Half the building? And is it separately 6 the building that you are in? 6 daierked? A marked spare where they're separate from 7 A. I would say they do. It my not be 7 your other uses? B manorialized, but I would say that they do. B A. Them 'a a door that locks between us. 9 Q. You're speculating, or you knave? 9 Q. And all these hundred entities that you 10 A. No. No. I would say that they do. 10 mentioned are in the other half of the building, and the 11 Q. You're saying, yes, there is a written lease 11 O'Boyle law Firm is on the other side of the door? 12 between the O'Boyle Law Firm and the owner of the 12 A. That's correct. 13 building? 13 Q. And how much is the rent that the O'Boyle law 14 MR. DESOULA: Objection. Misstating his 14 Firm is paying for that space? 15 testimony. 15 A. I can 't help you. 16 BY MR. SWBETAPPLE: 16 Q. And who files the sales tax reports for that 17 Q. I don't understand your testimony, sir. 17 building, sir? is Is there a written lease between an entity is A. I can't help you. 19 that you have an ownership interest in and the O'Boyle 19 0. Have you looked to see whether the entity that 20 law Firm? 20 awns the real estate is paying sales tax for any rent 21 A. I don't know. 21 fran the O'Boyle law Firm? 22 Q. And who would know that, sir? 22 A. I lave not. 23 A. I don't know'. 23 Q. Okay. And have you looked to see if the 24 Q. And you don't know, even know the name of the 24 building -- the owner of the building has paid sales tax 25 owner of the building, correct? 25 for any tenants that are occupying that space aver the Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 79 received from the O'Boyle law Finn by any, entity that you own? A. I don't know. Q. Ib you owe the O'Boyle Law Firm any urneye currently for legal services? A. I dart know. Q. Do you lave copies of any invoices that you have ever received for any legal work from the O'Boyle Lew Firm? A. I don't know. Q. Do you have any written agreements with regard to any representation by the O'Boyle Law Finn of you? A. I don't know, Q. Who would know the answer to those questions? A. I don't know. Q. Now, with regard to your defamatory -- or your statements you made about me on 6/13/14, you had a meeting with Mr. Ring and with Me. O'Connor and Mr. Randall prior to going to city ball, correct? MR, DESOM Bob, are you asking him to agree whether the statements were defamatory, or are you striking that portion of your mmwnt? BY MR. SWEETAPPI,B: Q. Mr. O'Boyle, do you consider, as you sit here today, that the statements you made about re were Page 81 A. Yes. Q. hint exactly did you say? Did you -- tell me, exactly what you said. A. I said I made a statement last time I was here about Mr. SweetapPle. It was in error. And then I went ahead and corrected it. Q. What -- did you identify the specific statement that you said you made that was in error? A. I think so. Q. Each statement? A. I think so. Q. Did you say on 6/13/2014 that Judge Elizabeth Paws said that Mr. Sweetapple's filing was a slander? Did you -- did you say that to the town council? A. That Isis on what date? Q. Right here. If you look at this, it is exhibit -- right here, sir. Mddbit 2. This is Exhibit 2. A. Okay. What were yaw saying about judge Maas? Q. I'm asking you. I'm reading from Exhibit 2. I want to know did you say that Judge Maas says that Mr. Sweetapple's filing vas a slander? Did you say that to the town council of Gulf Stream? A. I don't know. Where are you showing me here? This is where you're showing me? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Pale 78 1 last 20 yearn? 1 2 A. I don't understand your question. 2 3 Q. Who handles filing sales tax for tenants in 3 4 the building that you operate in on 128 Nest Newport 4 5 Center Drive? Is it Ms. De larmartini? Is she the one 5 6 who has the responsibility of making sure the state has 6 7 paid all the sales tax on the rent that you receive from 7 8 tenants in that building? 8 9 A. I don't think so. 9 20 Q. Who is -- is Mr. Ring the one who's 10 11 responsible for that? 11 12 MR. DEMM: Object to form. 12 13 THE WITNESS: Ask him. 13 14 BY MR. SHBE'PAPPLE: 14 35 0, I'm asking you. Is Mr. Ring -- 15 16 A. I don't know. 16 17 Q. Well, who is responsible for making sure that 17 18 the owner of the building pays sales tax an rent that's 18 19 received from tenants in that building? 19 20 MR. DESCXM; Objection. 20 21 MR. TAYLOR: Objection. 21 22 MR. DES UM: This is way off. It's been 22 23 asked and answered five times. 23 24 BY MR. SWFEnTS E: 24 25 Q. So is -- do you knw if there's been any rent 25 Page 79 received from the O'Boyle law Finn by any, entity that you own? A. I don't know. Q. Ib you owe the O'Boyle Law Firm any urneye currently for legal services? A. I dart know. Q. Do you lave copies of any invoices that you have ever received for any legal work from the O'Boyle Lew Firm? A. I don't know. Q. Do you have any written agreements with regard to any representation by the O'Boyle Law Finn of you? A. I don't know, Q. Who would know the answer to those questions? A. I don't know. Q. Now, with regard to your defamatory -- or your statements you made about me on 6/13/14, you had a meeting with Mr. Ring and with Me. O'Connor and Mr. Randall prior to going to city ball, correct? MR, DESOM Bob, are you asking him to agree whether the statements were defamatory, or are you striking that portion of your mmwnt? BY MR. SWEETAPPI,B: Q. Mr. O'Boyle, do you consider, as you sit here today, that the statements you made about re were Page 81 A. Yes. Q. hint exactly did you say? Did you -- tell me, exactly what you said. A. I said I made a statement last time I was here about Mr. SweetapPle. It was in error. And then I went ahead and corrected it. Q. What -- did you identify the specific statement that you said you made that was in error? A. I think so. Q. Each statement? A. I think so. Q. Did you say on 6/13/2014 that Judge Elizabeth Paws said that Mr. Sweetapple's filing was a slander? Did you -- did you say that to the town council? A. That Isis on what date? Q. Right here. If you look at this, it is exhibit -- right here, sir. Mddbit 2. This is Exhibit 2. A. Okay. What were yaw saying about judge Maas? Q. I'm asking you. I'm reading from Exhibit 2. I want to know did you say that Judge Maas says that Mr. Sweetapple's filing vas a slander? Did you say that to the town council of Gulf Stream? A. I don't know. Where are you showing me here? This is where you're showing me? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 80 1 defamatory? 1 2 A. They were not. 2 3 Q. Pardon? 3 4 A. They were mt. 4 5 Q. And so you do believe that it is okay for you 5 6 to say that I consistently misrepresented testimony as a 6 7 lawyer? 7 8 A. If that's what the courts have written, and it 8 9 it's filed, all I did was -- and all I did was to read 9 10 it, then I think it's appropriate. 10 n Q. Well, the court didn't say that I had 11 12 misrepresented testimony. The court quoted a motion 12 13 that was filed in an appeal in a case that my nane was 13 14 one of the lawyers on the opinion, correct? The court 14 15 never mentioned my name anywhere. 15 16 M. DEMM: Is that a question or a 16 17 statement? 17 18 BY MR. SWEMPPLE: 18 19 Q. Isn't that a fact? Aren't you aware of that? 19 20 A. I don 't know whether it is a fact or not. I 20 21 can look at the documents again, but I know haw testy 21 22 you get, so... 22 23 Q. Well, did you go -- you say you went to city 23 24 hall after 6/13/14 and you retracted these statements 24 25 you made about me? 25 Page 79 received from the O'Boyle law Finn by any, entity that you own? A. I don't know. Q. Ib you owe the O'Boyle Law Firm any urneye currently for legal services? A. I dart know. Q. Do you lave copies of any invoices that you have ever received for any legal work from the O'Boyle Lew Firm? A. I don't know. Q. Do you have any written agreements with regard to any representation by the O'Boyle Law Finn of you? A. I don't know, Q. Who would know the answer to those questions? A. I don't know. Q. Now, with regard to your defamatory -- or your statements you made about me on 6/13/14, you had a meeting with Mr. Ring and with Me. O'Connor and Mr. Randall prior to going to city ball, correct? MR, DESOM Bob, are you asking him to agree whether the statements were defamatory, or are you striking that portion of your mmwnt? BY MR. SWEETAPPI,B: Q. Mr. O'Boyle, do you consider, as you sit here today, that the statements you made about re were Page 81 A. Yes. Q. hint exactly did you say? Did you -- tell me, exactly what you said. A. I said I made a statement last time I was here about Mr. SweetapPle. It was in error. And then I went ahead and corrected it. Q. What -- did you identify the specific statement that you said you made that was in error? A. I think so. Q. Each statement? A. I think so. Q. Did you say on 6/13/2014 that Judge Elizabeth Paws said that Mr. Sweetapple's filing was a slander? Did you -- did you say that to the town council? A. That Isis on what date? Q. Right here. If you look at this, it is exhibit -- right here, sir. Mddbit 2. This is Exhibit 2. A. Okay. What were yaw saying about judge Maas? Q. I'm asking you. I'm reading from Exhibit 2. I want to know did you say that Judge Maas says that Mr. Sweetapple's filing vas a slander? Did you say that to the town council of Gulf Stream? A. I don't know. Where are you showing me here? This is where you're showing me? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 82 ['age 83 1 If you don't want to answer me you don't have 1 Q. Why? 2 to. 2 A. Because I don't know the answer. 3 Q. I've said it three tines now. It is 3 Q. So Exhibit 2 doesn't refresh your recollection 4 Exhibit 2, Mr. O'Boyle. Did you hear me say that? I've 4 that that is what you said? 5 said that three times in the last 45 seconds. 5 A. No. Exhibit 2 refreshed my recollection 6 A. I haven't heard you say it. 6 that's what you said. 7 Q. Let me try it again. 7 Q. So Exhibit 2, which is a transcription of the a It is Exhibit 2, Mr. O'Boyle. I actually 8 meeting that was prepared by the town, dcesn't refresh 9 touched it and tried to show it to you. So for the 9 you recollection? So fourth time it is Exhibit 2, Mr. O'Boyle. It's the same 10 A. The town's transcriptions are unreliable and it document that you've looked at with the other statements 11 I'm not going to rely on them. 12 you made about me in front of my client. 12 Q. So when you went -- when did you go to the 13 Do you recall the question, Mr. O'Boyle? 13 town to -- did you go to the town to retract statements 14 A. Generally, yes. 14 you'd made about me? 35 Q. What is the question I've asked you? 15 A. Yes. 16 A. If I said that consistently judge -- whatever 16 Q. When did you go to do that? 17 her mass was, Maas, said that Mr. Sweetapple 17 A. I think it was July 11. 1B consistently misrepresented testimony. 1B Q. And do you recall specifically what you said? 19 Q. No, I said -- I quoted the transcript which 19 A. No. 2D says, "There's another case in Palm Beach County Circuit 20 Q. Do you recall what statements you retracted? 21 Court that Judge Elizabeth Mace says that 21 A. I don't. 22 Mr. Sweetapplen filing was a slander." 22 Q. Do you recall how you retracted them? 23 And I'm asking yew, did you say that to the 23 A. I stood up at the podium and I said there, 24 town council can June 13, 2014? 24 "The last time I was here I made a statement, or some 25 A. I can't answer you. 25 statements about Mr. Sweetapple. They were in error and Page 84 Page BS 1 I want t0 correct them." And I corrected them. 1 Hold on a second. 2 Q. Did you specifically mention the statement 2 Marty, were you in the middle of an answer? 3 that you were retracting or corrected? 3 THE WITNESS: Yes, 4 A. I told you what I remember. 4 MR. SWEEAPPLE: I'm withdrawing the question. 5 Q. Have you ever looked at a transcript or a tape 5 MR. DESOM: fie can finish making the 6 of that appearance that you made? 6 statement. 7 A. Maybe. 7 M. SWEEfAPPLE: No, he can't. I'm 8 Q. Did you ever write to me and apologize for 8 withdrawing the question, and I'm going to phrase 9 making those statements? 9 another question. 10 A. If I made them error ly, I apologize right 30 MR. DESOM: I don't care if you want to say 11 now. 11 you withdraw. You can go ahead and finish the 12 Q. What do you mean if you made them erroneously? 12 statement you were making. Go ahead. 13 Did you make them erroneously? 13 MR. SWEEZAPPLE: No, he can't. But go ahead 14 A. You're telling me I did. I have no knowledge 14 and we-11 take that up with the judge. You're 15 that I did. 15 giving improper instructions to the witness. I'm 16 Q. So your retraction is not based on your belief 16 trying to take a deposition . Go ahead. 17 that they were in error. 17 DIE WITNESS: Okay. I made an error the first 18 A. No. You're putting words in my mouth. 18 time I said it. I didn't mike an error in the 19 Q. Are you retracting your statement? 19 facts. I made an error in the sauces. 20 MR. DESWZ.A: Hold on. Bold on. 20 And once I realized that, I went back either 21 MR. SWEETAPPLE: I'm going to retract -- 21 the next month or the next meting after that, I 22 MR. MOM: tet him finish. 22 lost It recall. And to the best of my knowledge, I 23 MR. SkETMUPLE: I'm going to withdraw my 23 corrected it. If I did not fully correct it, then 24 question. 24 I want to say to Mr. Sweetapple, anything that I 25 MR. DESOUZA: You can withdraw the question. 25 said about you that was incorrect, I apologize, and Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 88 Page 86 1 told the council that you were going to come back with 1 T take it back. 1 2 BY MR. SWERTMEM 2 3 Q. What did you say about me that was incorrect? 3 4 A. Anything that I said about you that was 4 5 incorrect, I apologize, and I take it back. 5 6 Q. You call that a retraction? what is it you 6 7 said about me that is incorrect that you're taking back, 7 8 Mr. O'Boyle? 8 9 A. I've answered your question. 9 10 Q. So you're not going to tell me what your 10 11 retraction encagnsses? 11 12 A. Only because I don't knew that I said anything 12 13 at all. 13 14 Q. So you're really not retracting, you're just 14 15 equivocating. 15 16 A. Well, you can -- if you want to sit here you 16 17 can walk back and forth and ask your questions and 17 18 answer then yourself. 1B 19 Q. Well, you've sued people for defamation 19 20 before. 20 21 A. I have. 21 22 Q. You're familiar with defamatim law? 22 23 A. I am. 23 24 Q. You sued Mr. ism for defamation. 24 25 A. I did. 25 Page 88 1 told the council that you were going to come back with 1 2 other information about ire, right? 2 3 A. I don't recall. 3 4 Q. Now, on June 4th you met with Mr. Ring, 4 5 Mr. Randolph and Ms. O'Conner with regard to the motion 5 6 that I had filed to disqualify the O'Boyle Law Firm, 6 7 right? 7 B A. Yes. By the way, it was very disgraceful. 8 9 Q. The meting? 9 10 A. No, the motion he filed. That was absolutely 10 11 an embarrassment to the legal profession. 11 12 Q. Well, we're going to go into the facts that 12 13 are set forth in that motion and that resolve -- revolve 13 14 around the issue of whether or not your son's firm is a 14 15 lawful Florida law firm. 15 16 But we'll do that sequentially so you can show 16 17 me what you think is a disgrace, and then I'll show you 17 18 some other evidence and we'll decide whether or not 18 19 there is any basis for a4' stare. is or not. 19 20 We'll certainly -- I think there will be 20 21 entities and cots that will be making those 21 22 determinations, Mr. O'Boyle. We'll certainly start 22 23 fleshing out sane of those facts here, don't worry. 23 24 At this meting on June 4th that you and 24 25 Mr. Ring called, did you indicate that you wanted to 25 Page 87 Q. %by did you acre him for defamation? A. I think he deserved it. Q. What did he call you that you thought deserved it? A. Dr_ enemy of the people. Q. And that case was dismissed, right? A. That case, yes. New Jersey is a very difficult case to win a slander suit; very, very difficult. Q. And have you sued anybody else for defamation? A. You. Q. And anyone else? A. Mr. Morgan. Q. Anyone else? A. Not yet. Q. So that is a case that I was just served with this morning? A. I have no idea. Q. Your process server cam by this morning and gave me a lawsuit. so you've sued m for defamation. A. Yes. Q. And yet you're here purporting to retract the defamatory statements you mde about me. A. I'm mt going to answer that anymore. Q. When you went to the meeting that July, you Page 89 meet with Mr. Randolph and Ms. O'Connor with regard to the motion I had filed? A. No. W. DESOIILA: Hold on. BY MR. VERTAPPM: Q. Did Mr. Ring -- MR. DBSCOM: Hold on a second. I don't knew if you want to go off the record and excuse the witness if we're going to talk about the substance of this meeting, which I believe there was some agcesant to treat it as confidential. And I know there's a follow -up letter that says we don't consider this to be settlement or confidential, but as far as I lvow right now, there's an agreement in place that says this is a confidential settlerent agreement. So if you want to start discussing -- MR. SWEBTAPPLE: There's no agreement that it's a confidential settlement agree et. There was a meting -- there was an agreemnt that if settlement was discussed, it would be treated as confidential. We have memoranda quickly prepared after the meeting that will demonstrate there was no settlement of any matter discussed. And I'm going to go through that. I appreciate your Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 90 Page 91 1 caution. 1 you're entitled to inquire into it in a deposition 2 MR. DESOUZA: I understand that's your 2 of someone where there's a position that it's a 3 position, but if my client feels otherwise, and if 3 confidential settlement meeting. 4 Skip's clients feel otherwise as to what was 4 Mr. O'Boyle says it's a confidential 5 discussed and whether it was settlement discussion 5 settlement meeting. Is it your position that you 6 or net, I would rather flush that out before we 6 are inquire -- you are entitled to inquire into 7 waive airy sort of objection, ibis is a 7 what was said during that meeting7 B confidential settlement agreement. B MR . SWEEIAPPLE: I've said -- 9 MR. SWEEIAPPPLE: First of all, I think when 9 M. DESOM: Yes or M. 10 you research the law you'll find that that deals 10 M. SWEETAPPLE: I said this to you in two 11 with whether or not it's adsfssible in trial. It 11 different ways. I'll say it another way. 12 has nothing to do with this deposition. So let me 12 MR. DESODZA: All I want is a yes a no. 13 go forward, please. 13 M. SWEETAPPLE: I will not inquire into 14 M. DESOJZA: Fold cm. So what you are 14 something that I don't think is appropriate or 15 saying, so I'm clear on the record, is that if a 15 calculated to lead to the discovery of adnlssible 16 confidential settleent meeting happens you're 16 evidence or, in this case, going to be admitted. 17 entitled to inquire into what was discussed during 17 (a) I donut think there was any settlement 18 discovery? IS discussion that went on; Ib) I do net believe my 19 MR. SWEETAPPLE: If it's not a mediation the 19 client agreed that the comnmications would be 20 court can hear what was said and determine whether 20 treated as settlement unless there was settle ent 21 or not it is settlement discussions or not, aid 21 discussions; (c) to the extent you believe they're 22 than opine and rule whether or not it gets admitted 22 settlement discussions and I don't, the court is 23 into evidence. it happens all the tire. 23 going to have to hear the discussions and the 24 MR. DES=t Bob, I understand what you're 24 testimony in order to make that decision. Okay. 25 saying. I'm only asking you whether you feel 25 MR. DESCM: Fair enough. Page 92 Page 93 1 MR. SWEETAPPLE: So I'm going to proceed, if I 1 few minutes, so I don't know if there is a 2 can. 2 logical -- 3 MR. OFSOM: Fair enough. Just do me one 3 MR. SWWWPLE: I'll be happy to break right 4 favor -- do me one favor and ask him whether he 4 now and let him get lunch. 5 believes this was a confidential settlement 5 MR. DESOUZA: -- break While she is on her 6 negotiation or not, then I'll let you proceed. I 6 phone call. 7 don't care how he answers, I will let you proceed. 7 MR. SWERIAPPIE: And 1:00 o'clock, 1:30? You B MR. BWEEGIPPLE: You can ask whatever B tell M. 9 questions you want en cross - examination. I'm going 9 M. OESOM: Let's try for 1:00. We'll see 10 to wait until -- Joanne has to go take a phone 10 if we can get back by then, if not, 1:30. 11 call, so I'm going to wait until she is back for 11 MR. SWEETAPPLE: Perfect. 12 this area of inquiry because she was involved in it 12 THE VIDSOORAPM: The tine is 12:00 p.m. and n and I want her to be able to give me her insights. 13 we're going off the record. 14 MR. DESOM: Okay. Then we're taking a break 14 (At 12:00 p.m. a luncheon recess was taken.) 15 off the record? 15 THE VIDEOGRAPEFR: Time is 1:17 p.m. We're 16 M. SWEETAPPLE: No. No. I'm going to go on 16 back on record. 17 to the next matter. 17 BY MR. SWEEP KE: 18 MR. DESOUZA: I'm sorry, I thought you were. 1B 0. Mr. O'Boyle, I would like to go back and 19 M. SWEETAPPLE: No. I'm going to hold off on 19 follow up on sane background I was getting into with 20 this exhibit until she cones lack and I'll go into 20 you. 21 that then. 21 You mentioned earlier in your deposition that 22 MR. DESMZA: My apologies. 22 these were -- there was litigation in Longport, New 23 THE WITNESS: (Conferring with counsel.) 23 Jersey. You described O'Boyle versus Longoort, New 24 M. DESOUZA: kid Bob, Mr. O'Boyle has just 24 Jersey, two OPRA cases, and a case involving Mr. Isen, 25 indicated that he needs to get Lech in the next 25 Is there any other litigation in dengport that Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 95 Jersey? A. Was a resident, Q. Did you ever make that your lawful residency? Did you ever have your driver's license registered there or vote there? A. Yea. Q. When were you a resident of Longport? A. In the 170s. Q. In the '709. Okay. And so have you owned the same property there since the 1703? A. I don't awn any property there. Q. Is them a tome there that you used in InnUca t that received violations from the borcI A. There is a hone there that I did use, yes. Q. w10 was it awned by? A. It was awned by my wife. Q. And you've used that as a primary residence and then a vacation here over the last 40 years? A. I have no idea what you said. Q. Have You used that as a primary residence and then a vacation hone on and off during the past 40 years? A. What is a primary residence? Q. The time period you described where you had your voter's registration there. Page 97 Q. You don't know that the town issued two zoning violations to you that pro:Qted you to file suit? A. That's right. Q. And you also, when you got into this fight with the town, propounded a public records request to them, didn't you? A. I think I propounded public records to than long before we got into a suit. 0. When did you start propounding public records requests to the tam of -- the borough of Iangport? A. If I had to guess -- and T shouldn't be guessing. I don't know. Q. Do You know how many total public records requests You Propounded to the borough of Iargport? A. I do mt. Q. Do you know if it was more than a thousand? A. I don't think so. Q. And do you know, have you seen any reference to your actions in any court opinions regarding the effect that Your conduct had do the clerk of the town or the borough' A. No. Q. And do you recall what any of the documuts you were seeking from the borough of Longport were? A. Initially, it was in correction with the plans Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 94 Page 96 2 you were involved in? 1 2 A, Did you say was or is? 2 3 Q• Was and /or is. 3 4 A. Okay. Is, no. Was, there were sdse 4 5 additional public records lawsuits. 5 6 Q. And you didn't bring any other -- did you 6 7 bring any another claims against any individuals, any 7 8 ethics claim or criminal claims or other lawsuits? 6 9 M. DF800LA: Objection. Form. 9 la BY M. °WEETAPPIR: 10 11 Q. In New Jersey? In Longport? 11 12 A. No. No, I didn't. 12 13 Q. In Longport, as I understand it, your 13 14 litigation with that town commenced with two notices of 14 15 violation you got for allegedly making modifications to 15 16 the ground floor of your tome there; is that correct? 16 17 A. I don't know. 17 18 Q. Okay. Can you tell me how long you were 18 19 involved in litigation with the city of Longport, or the 19 20 Town of LCngp=? Is it town or city? 20 21 A. It's a borough. 21 22 Q. How long were you involved in litigation with 22 23 the borough of lonrI 23 24 A. I don't know. 24 25 Q. Were you ever a resident of Iangpart, New 25 Page 95 Jersey? A. Was a resident, Q. Did you ever make that your lawful residency? Did you ever have your driver's license registered there or vote there? A. Yea. Q. When were you a resident of Longport? A. In the 170s. Q. In the '709. Okay. And so have you owned the same property there since the 1703? A. I don't awn any property there. Q. Is them a tome there that you used in InnUca t that received violations from the borcI A. There is a hone there that I did use, yes. Q. w10 was it awned by? A. It was awned by my wife. Q. And you've used that as a primary residence and then a vacation here over the last 40 years? A. I have no idea what you said. Q. Have You used that as a primary residence and then a vacation hone on and off during the past 40 years? A. What is a primary residence? Q. The time period you described where you had your voter's registration there. Page 97 Q. You don't know that the town issued two zoning violations to you that pro:Qted you to file suit? A. That's right. Q. And you also, when you got into this fight with the town, propounded a public records request to them, didn't you? A. I think I propounded public records to than long before we got into a suit. 0. When did you start propounding public records requests to the tam of -- the borough of Iangport? A. If I had to guess -- and T shouldn't be guessing. I don't know. Q. Do You know how many total public records requests You Propounded to the borough of Iargport? A. I do mt. Q. Do you know if it was more than a thousand? A. I don't think so. Q. And do you know, have you seen any reference to your actions in any court opinions regarding the effect that Your conduct had do the clerk of the town or the borough' A. No. Q. And do you recall what any of the documuts you were seeking from the borough of Longport were? A. Initially, it was in correction with the plans Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 96 1 A. That was in the 1709. We didn't own the ham 1 2 at that point. 2 3 Q. Hhen did your wife obtain title to this hane? 3 4 A. I'm going to guess mid 180s. 4 5 Q. Okay. And how did your dispute with -- you 5 6 did get into a legal battle with the Town of Import, 6 7 didn't you? The borough of Iangport. 7 8 A. I don't law if I would call it that, but... 8 9 Q. Well, did you sue them? 9 10 A. Yes, 1 did sue them. la 11 Q. And what was -- and you personally were a 11 12 plaintiff in the case? 12 13 A. Yes, I was personally. 13 14 Q. And your wife was a plaintiff? 14 15 A. Not at all. 15 16 Q. Just yon? 16 17 A. Yes. 17 18 Q. 6o at that point you owned the hom, correct? 19 19 A. No. 19 20 Q. What were the grounds for your suit? 20 21 A. I can't explain it to you. 21 22 Q. You don't remember? 22 23 A. I said I can't explain it to you. 23 24 Q. Why can't you explain it to me? 24 25 A. Because I cannot articulate it. 25 Page 95 Jersey? A. Was a resident, Q. Did you ever make that your lawful residency? Did you ever have your driver's license registered there or vote there? A. Yea. Q. When were you a resident of Longport? A. In the 170s. Q. In the '709. Okay. And so have you owned the same property there since the 1703? A. I don't awn any property there. Q. Is them a tome there that you used in InnUca t that received violations from the borcI A. There is a hone there that I did use, yes. Q. w10 was it awned by? A. It was awned by my wife. Q. And you've used that as a primary residence and then a vacation here over the last 40 years? A. I have no idea what you said. Q. Have You used that as a primary residence and then a vacation hone on and off during the past 40 years? A. What is a primary residence? Q. The time period you described where you had your voter's registration there. Page 97 Q. You don't know that the town issued two zoning violations to you that pro:Qted you to file suit? A. That's right. Q. And you also, when you got into this fight with the town, propounded a public records request to them, didn't you? A. I think I propounded public records to than long before we got into a suit. 0. When did you start propounding public records requests to the tam of -- the borough of Iangport? A. If I had to guess -- and T shouldn't be guessing. I don't know. Q. Do You know how many total public records requests You Propounded to the borough of Iargport? A. I do mt. Q. Do you know if it was more than a thousand? A. I don't think so. Q. And do you know, have you seen any reference to your actions in any court opinions regarding the effect that Your conduct had do the clerk of the town or the borough' A. No. Q. And do you recall what any of the documuts you were seeking from the borough of Longport were? A. Initially, it was in correction with the plans Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Pace 100 I A. I don't think so. 1 2 (Defendant's Exhibit No. 5 was marked for 2 3 identification.) 3 4 BY MR. SWEB'1'APPLE: 4 5 Q. Okay. And so in this article that I'm going 5 6 to mark as Exhibit 5 -- I'm going to slow you an article 6 7 that was "Public signs show O'Boyle V LCWrt not over. 7 6 Marty O'Boyle picked up signs posted on his beachf=t 8 9 from IQagport's public works yard on Friday. Borough 9 10 officials say a recent stone carried the signs from 28th 10 11 Avenue to 25th Avenue, but O'Boyle says borough workers 11 12 Moved it to spite him." 12 13 Did you ever escalate the litigation over your 13 14 alleged zoning violations with allegations that the city 14 15 or employees of the borough had moved your signs from 15 16 your property? 16 17 A. No. 17 18 MR. DESOM: Objection to form. 16 19 BY M. SWEEEAPPLS: 19 20 Q. And did you ever hire a private detective and 20 21 a physicist to attempt to prove that signs had been 21 22 moved from your property? 22 23 A. No. 23 24 Q. And in this case you're alleging that signs 24 25 had ]Warn removed; are you not? 25 Page 99 BY M. SWEEIAPPLE: Q. Okay. And the litigation went for over two years, correct? A. No. Q. How long did the litigation with the town go M? A. I don't know. Q. And in the -- in the litigation -- during the litigation you allege that the tom had moved some signs of yours, right? A. No. Q. So you never alleged that this town had been involved in -- that employees of the borough had been involved in removing signs? A. You asked me about -- can we read Mr. SWeetapple's question back, please? Q. let me rephrase it for you. A. Sure. Q. Did you allege during the incident with the town Q borough of Lorgport that the town had removed signs of yours? A. No. Q. And was that ever a subject of your -- did you ever say the bcmugh workers moved the signs to spite you? Page 101 A. I don't know. I can't see. Q. Well -- MR. DESWZA: You're talking about this case here? BY M. SWEEfMPLE: Q. The case you're here on that you're being deposed in concerns your allegation that calpaign signs had been removed. A. Yes. Oh -huh. Q. Okay. So it's a similar allegation as you made in New Jersey, correct? A. No. M. DESCM: Objection, BY MR. SWEElAPPLE: Q. And let me mark this as Exhibit 5. And this is -- Mr. Ism worked for the planing board of the borough, correct? A. He was a n¢mber of the planning and zoning board, which is a voluntary spot. But I don't -- I think he ended in 2009, but I'm not sure. Q. And as part of this litigation in Lmgoort, do you know haw many public record -type lawsuits you filed? A. No. Q. And you don't know how nary public records requests you made? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Pap 98 1 or the construction of other homes. And than it sort of 1 2 grew from there. 2 3 Q. And how did it grow? Describe for Ire what 3 4 happened. 4 5 A. Well, you might ask if Susie wears dresses, 5 6 and the answer is M. And ties you might ask, what 6 7 color dresses does she have? And then she world answer. 7 B And then it's what type of dresses are they? So sort 8 9 of -- they sort of one -- one gives you an answer but 9 10 also gives you a question. 10 11 Q. Do you remember my question, Nr. O'Boyle? 11 12 A. Um, I thought I answered it. 12 13 Q. What was my question that you thought you 13 14 answered? 14 15 A. I didn't memorize it. SS 16 Q. Do you have any idea what it was? 16 17 A. Why don't you tell me and save us sore time. 17 18 Q. It wasn't about any dresses. 1B 19 Would you please read the question back to 19 20 Mr. O'Boyle. 20 21 (A portion of the record was read by the 21 22 reporter.) 22 23 THE WITNESS: It grew by needing additional 23 24 related information. 24 25 25 Pace 100 I A. I don't think so. 1 2 (Defendant's Exhibit No. 5 was marked for 2 3 identification.) 3 4 BY MR. SWEB'1'APPLE: 4 5 Q. Okay. And so in this article that I'm going 5 6 to mark as Exhibit 5 -- I'm going to slow you an article 6 7 that was "Public signs show O'Boyle V LCWrt not over. 7 6 Marty O'Boyle picked up signs posted on his beachf=t 8 9 from IQagport's public works yard on Friday. Borough 9 10 officials say a recent stone carried the signs from 28th 10 11 Avenue to 25th Avenue, but O'Boyle says borough workers 11 12 Moved it to spite him." 12 13 Did you ever escalate the litigation over your 13 14 alleged zoning violations with allegations that the city 14 15 or employees of the borough had moved your signs from 15 16 your property? 16 17 A. No. 17 18 MR. DESOM: Objection to form. 16 19 BY M. SWEEEAPPLS: 19 20 Q. And did you ever hire a private detective and 20 21 a physicist to attempt to prove that signs had been 21 22 moved from your property? 22 23 A. No. 23 24 Q. And in this case you're alleging that signs 24 25 had ]Warn removed; are you not? 25 Page 99 BY M. SWEEIAPPLE: Q. Okay. And the litigation went for over two years, correct? A. No. Q. How long did the litigation with the town go M? A. I don't know. Q. And in the -- in the litigation -- during the litigation you allege that the tom had moved some signs of yours, right? A. No. Q. So you never alleged that this town had been involved in -- that employees of the borough had been involved in removing signs? A. You asked me about -- can we read Mr. SWeetapple's question back, please? Q. let me rephrase it for you. A. Sure. Q. Did you allege during the incident with the town Q borough of Lorgport that the town had removed signs of yours? A. No. Q. And was that ever a subject of your -- did you ever say the bcmugh workers moved the signs to spite you? Page 101 A. I don't know. I can't see. Q. Well -- MR. DESWZA: You're talking about this case here? BY M. SWEEfMPLE: Q. The case you're here on that you're being deposed in concerns your allegation that calpaign signs had been removed. A. Yes. Oh -huh. Q. Okay. So it's a similar allegation as you made in New Jersey, correct? A. No. M. DESCM: Objection, BY MR. SWEElAPPLE: Q. And let me mark this as Exhibit 5. And this is -- Mr. Ism worked for the planing board of the borough, correct? A. He was a n¢mber of the planning and zoning board, which is a voluntary spot. But I don't -- I think he ended in 2009, but I'm not sure. Q. And as part of this litigation in Lmgoort, do you know haw many public record -type lawsuits you filed? A. No. Q. And you don't know how nary public records requests you made? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 1O3 BY MR. SWMVPLE: Q. Are there any such tents like that that you caused to be flown on any planes or blimps in inngport, New Jersey in the Course of your dispute with that borough? MR. DESOUM: Objection to form.. Hold on. let me make my objection. Objection and farm. BY MR. SHI PPLE: Q. You can answer the question, Mr, o'BOyle. A. You're asking if I flew any banters where I called someone a douche bag? Q. Or any derogatory or insulting term. A. I want to make sure I understand. Q. let me rephrase it. Did you fly any banners -- did you cause any banners to be flown in LCI in Conjunction with your litigation in that town? A. No. Q. Did you cause any blimps to be flmm? A. (Conferring with counsel.) Q. You really can't ask your attorney for advice during this deposition, Mr. O'Boyle. You're going to have to -- you're on the stand. MR. DESOM: Is there a privilege issue you need to discuss with me? Page 1O5 in the flying of banners while you were questioned by the media in Longport, New Jersey? A. I don't know that I was asked, so I can't answer that question. Q, Okay. And do you have any knowledge as to who was flying banners in Longport, New Jersey? A. Several people. Q. Who -- anyone that is in your employ? A. No. Q. Any entities that you had any control over? A. No. Q. Did you have any discussions with anyone about flying banners? MR. DESOM: In tnngport during the time of this litigation? BY MR. SWEECAPPLE: Q. In Longport during litigation. A. I don't know, Q. Yw don't know if you had any conversations? A. No. Q. Why not? Yci can't remember? A. I don't recall having any conversations. Q. Did you pay anyone to fly banners? A. No. Q. Do you have any idea who was involved in the Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 102 1 A. No. 1 2 Q. And are you aware that you flew banners 2 3 maligning town employees and others? 3 4 Did you cause banners to be flown in Longport, 4 5 New Jersey maligning any individuals? 5 6 M. DESUM: Objection. Form. 6 7 113E WITNESS: I don't know what you mean by 7 8 "maligning" 8 9 DY NR. SWE6CAPPLE: 9 to Q. Faking derogatory statements about anyone. 10 11 MR. DESOUM: Can I see the exhibit, Bob? 11 12 THE WITNESS: What is a derogatory statement? 12 13 Is that something that's not allowed by the First 13 14 Amendment? 14 15 BY MR. SWEBIAPPLE: 15 16 Q. Not necessarily. 16 17 A. Okay. I don't know what it is. 17 18 Q. critical statement. Insulting statement. 18 19 Childish statement. Scatological statement, when you 19 20 talk about body functions, farting, or somebody is a 20 21 putz or a douche bag, or things like that that we 21 22 stopped doing in third grade usually. 22 23 MR. TAYICR: Objection. 23 24 MR. DESOUM: Object to form. 24 25 Q. And did you ever deny that you were Involved 25 Page 1O3 BY MR. SWMVPLE: Q. Are there any such tents like that that you caused to be flown on any planes or blimps in inngport, New Jersey in the Course of your dispute with that borough? MR. DESOUM: Objection to form.. Hold on. let me make my objection. Objection and farm. BY MR. SHI PPLE: Q. You can answer the question, Mr, o'BOyle. A. You're asking if I flew any banters where I called someone a douche bag? Q. Or any derogatory or insulting term. A. I want to make sure I understand. Q. let me rephrase it. Did you fly any banners -- did you cause any banners to be flown in LCI in Conjunction with your litigation in that town? A. No. Q. Did you cause any blimps to be flmm? A. (Conferring with counsel.) Q. You really can't ask your attorney for advice during this deposition, Mr. O'Boyle. You're going to have to -- you're on the stand. MR. DESOM: Is there a privilege issue you need to discuss with me? Page 1O5 in the flying of banners while you were questioned by the media in Longport, New Jersey? A. I don't know that I was asked, so I can't answer that question. Q, Okay. And do you have any knowledge as to who was flying banners in Longport, New Jersey? A. Several people. Q. Who -- anyone that is in your employ? A. No. Q. Any entities that you had any control over? A. No. Q. Did you have any discussions with anyone about flying banners? MR. DESOM: In tnngport during the time of this litigation? BY MR. SWEECAPPLE: Q. In Longport during litigation. A. I don't know, Q. Yw don't know if you had any conversations? A. No. Q. Why not? Yci can't remember? A. I don't recall having any conversations. Q. Did you pay anyone to fly banners? A. No. Q. Do you have any idea who was involved in the Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 104 1 THE WITNESS: No. What is your questien? 1 2 BY M. SWEEIAPPLE: 2 3 Q. Did you cause any blimps to be flown? 3 4 A. No. 4 5 Q. Were any banners flown in New Jersey that 5 6 referenced any employees or residents of the town, the 6 7 borough of Longport that you're aware of? 7 B A. Can you say that again? B 9 Q. Were any harmers flown by any planes or any 9 10 bl4s flown that contain messages regarding any 10 11 residents of Longport that you're aware of? 11 12 M. DESOM: Objection. Form. Are you 12 13 asking -- 13 14 BY MR. SWEEIAPPLE: 14 15 Q. During the time this dispute with the tam -- 15 16 the borough was ongoing. 16 17 A. Can you say it again? 17 18 Q. Sure. Are you aware whether cr not any 18 19 banners were flown in langport at any time while your 19 20 dispute with than was ongoing? 20 21 A. I don't know. 21 22 Q. Were you ever asked about any banners by 22 23 media? 23 24 A. I thin}: so. 24 25 Q. And did you ever deny that you were Involved 25 Page 1O3 BY MR. SWMVPLE: Q. Are there any such tents like that that you caused to be flown on any planes or blimps in inngport, New Jersey in the Course of your dispute with that borough? MR. DESOUM: Objection to form.. Hold on. let me make my objection. Objection and farm. BY MR. SHI PPLE: Q. You can answer the question, Mr, o'BOyle. A. You're asking if I flew any banters where I called someone a douche bag? Q. Or any derogatory or insulting term. A. I want to make sure I understand. Q. let me rephrase it. Did you fly any banners -- did you cause any banners to be flown in LCI in Conjunction with your litigation in that town? A. No. Q. Did you cause any blimps to be flmm? A. (Conferring with counsel.) Q. You really can't ask your attorney for advice during this deposition, Mr. O'Boyle. You're going to have to -- you're on the stand. MR. DESOM: Is there a privilege issue you need to discuss with me? Page 1O5 in the flying of banners while you were questioned by the media in Longport, New Jersey? A. I don't know that I was asked, so I can't answer that question. Q, Okay. And do you have any knowledge as to who was flying banners in Longport, New Jersey? A. Several people. Q. Who -- anyone that is in your employ? A. No. Q. Any entities that you had any control over? A. No. Q. Did you have any discussions with anyone about flying banners? MR. DESOM: In tnngport during the time of this litigation? BY MR. SWEECAPPLE: Q. In Longport during litigation. A. I don't know, Q. Yw don't know if you had any conversations? A. No. Q. Why not? Yci can't remember? A. I don't recall having any conversations. Q. Did you pay anyone to fly banners? A. No. Q. Do you have any idea who was involved in the Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 107 depend on what you would call "critical" versus humorous. Q. And did other family members and neighbors and allies of yours file lawsuits in Longpat, over the Iongport issue? MR. DESOM: Objection. Form. THE WITNESS: Not that I know of. BY MR. SfrEhTAPPIE: Q. And that is reported in the media in various articles regarding your dispute; are you aware of that? A. No, I'm not. Q. Okay. Did you file a grievance against anyone on an ethics charge in Lc gport as it related to this dispute? A. Yes. Q. okay. That was dismissed; was it not? A. Yes. When you say "me ", I don't knew that it was me who filed the ethics. Q. Wasn't it Martin O'Boyle versus the borough of Lxgport? A. If that's what it was, then it was me. Q. And yon lost at the ethics committee level and at the appellate level, correct? A. Correct, Q. And you said to one journalist, "The Irish Page 109 Alzbeimer's is when you forget everything except the grudges." Did you, in fact, spend $30D,000 in the litigation with Longport? A. I don't know. Q. This was only early on in the litigation, right? This was September 3 of 2006. The litigation went on well after that, didn't it? A. I don't know. Q. And were there criminal complaints filed in the litigation with layport? A. Logport filed a quasi criminal complaint, against me. Q. well, did you file any criminal complaints? A. Pardon? Q. Did you file any criminal complaints against anyone? A. Boy, I don't think so, Q. Didn't you file criminal complaints against the DiLorenzo family, two of them? A. No. Q. You're sure of that? A. Yes, I am. Q. And one of your public records requests cases went to the appellate division, correct, when you Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 106 1 flying of any harmers in Longport during the time of 1 2 this litigation? 2 3 A. There were several people, one of which was 3 4 Peter Isen; one of which was Frank Alfano. And that's 4 5 all I can remember. 5 6 Q. What did those harmers say? 6 7 A. I don't remember. 7 8 Q. And so no one -- anybody that you knew 8 9 personally flying banners? 9 30 A. Peter Ism and Frank Alfano. 10 11 Q. But they did not fly banners at your request? 11 12 A. They did not fly harmers at my request. 12 13 Q. Were those banners critical of you? 13 14 A. I think -- I think yes. I think some of them 14 15 were. LS IS Q. Do you recall what they said? 16 17 A. No. 17 18 Q, And are you aware of any banners that were 10 19 flown that were critical of either of these gentlemen? 19 20 A. Pm sorry. I didn't catch that. 20 21 Q. Do you recall any banners that were flown that 21 22 with critical of either of those two gentlemen, Alfano 22 23 cr Isen 23 24 A. Isen. I don't remember Alfano, so I can't 24 25 answer you there. But Isen. And I guess it would 25 Page 107 depend on what you would call "critical" versus humorous. Q. And did other family members and neighbors and allies of yours file lawsuits in Longpat, over the Iongport issue? MR. DESOM: Objection. Form. THE WITNESS: Not that I know of. BY MR. SfrEhTAPPIE: Q. And that is reported in the media in various articles regarding your dispute; are you aware of that? A. No, I'm not. Q. Okay. Did you file a grievance against anyone on an ethics charge in Lc gport as it related to this dispute? A. Yes. Q. okay. That was dismissed; was it not? A. Yes. When you say "me ", I don't knew that it was me who filed the ethics. Q. Wasn't it Martin O'Boyle versus the borough of Lxgport? A. If that's what it was, then it was me. Q. And yon lost at the ethics committee level and at the appellate level, correct? A. Correct, Q. And you said to one journalist, "The Irish Page 109 Alzbeimer's is when you forget everything except the grudges." Did you, in fact, spend $30D,000 in the litigation with Longport? A. I don't know. Q. This was only early on in the litigation, right? This was September 3 of 2006. The litigation went on well after that, didn't it? A. I don't know. Q. And were there criminal complaints filed in the litigation with layport? A. Logport filed a quasi criminal complaint, against me. Q. well, did you file any criminal complaints? A. Pardon? Q. Did you file any criminal complaints against anyone? A. Boy, I don't think so, Q. Didn't you file criminal complaints against the DiLorenzo family, two of them? A. No. Q. You're sure of that? A. Yes, I am. Q. And one of your public records requests cases went to the appellate division, correct, when you Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 109 1 guys, they don't give up too easy. A friend of mine 1 2 said Irish Alzheimer's is when you forget everything 2 3 except the grudges." Lo you recall saying that? 3 4 A. I do. 4 5 Q. So you carry grudges? 5 6 A. No. That's what my friend said. 6 7 Q. So you were quoting him? 7 a A. Yeah. 0 9 Q. With approval or without approval? 9 10 A. It was an Irish writer, reporter. And we were 10 11 having some fun. And at the end I said, before we 11 12 leave, let me tell you something, and that's what 12 13 happened. 13 14 Q. Well, the article -- the writer says, "But few 14 15 could understand just how personal this battle got with 15 16 lawsuits flying back and forth, criminal complaints 16 17 being filed, and accusations of harassment, vandalism, 17 18 slander -- are fodder for a good beach novel. Nor could is 19 they realize bow embroiled O'Boyle became in the fight. 19 20 "By his own admission, it hurt his business 2D 21 and personal his life, but he is hardly one to quit. 21 22 "While the borough's stake isn't small change, 22 23 O'Boyle anted up at least $300,000." Quote -- this is 23 24 your quote: 'The Irish guys, they don't give up too 24 25 easy, O'Boyle said. A friend of mine said, Irish I 25 Page 107 depend on what you would call "critical" versus humorous. Q. And did other family members and neighbors and allies of yours file lawsuits in Longpat, over the Iongport issue? MR. DESOM: Objection. Form. THE WITNESS: Not that I know of. BY MR. SfrEhTAPPIE: Q. And that is reported in the media in various articles regarding your dispute; are you aware of that? A. No, I'm not. Q. Okay. Did you file a grievance against anyone on an ethics charge in Lc gport as it related to this dispute? A. Yes. Q. okay. That was dismissed; was it not? A. Yes. When you say "me ", I don't knew that it was me who filed the ethics. Q. Wasn't it Martin O'Boyle versus the borough of Lxgport? A. If that's what it was, then it was me. Q. And yon lost at the ethics committee level and at the appellate level, correct? A. Correct, Q. And you said to one journalist, "The Irish Page 109 Alzbeimer's is when you forget everything except the grudges." Did you, in fact, spend $30D,000 in the litigation with Longport? A. I don't know. Q. This was only early on in the litigation, right? This was September 3 of 2006. The litigation went on well after that, didn't it? A. I don't know. Q. And were there criminal complaints filed in the litigation with layport? A. Logport filed a quasi criminal complaint, against me. Q. well, did you file any criminal complaints? A. Pardon? Q. Did you file any criminal complaints against anyone? A. Boy, I don't think so, Q. Didn't you file criminal complaints against the DiLorenzo family, two of them? A. No. Q. You're sure of that? A. Yes, I am. Q. And one of your public records requests cases went to the appellate division, correct, when you Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Paget III (A portion of the record was read by the reporter.) THE WITNESS: Yes. BY MR. SWEFTAPPIE: Q. And ran you tell no what those interests were? A. No. Q. Why not? A. Because I don't know. Q. What type of plane -- what entity had an interest in a plane? A. Don't know. Q. And was the interest in the plane, the blimp, or both? A. Plane. Q. Do you know what kind of plane it was? A. At what point in titre? Q. Any time during the last ten years. What planes did you have an ownership interest in directly or indirectly in New Jersey? A. I had a Desna 7206. 1 had a BE300. And I had a Cesna Caravan, and I had an Extra 400. Q. And who flew, those planes? A. Pilots. Q. What were the pilots' names? A. Fhaardo Batica. Page 113 Q. And what about blimps? A. What is your question? Q. Do you have any ownership directly or indirectly in any blimp? A. No. Q. And have you caused any banners to be flown in Dade, Brward or Palm Beach County during the past five years? A. Yes. Q. When is the first time that you have caused banners to be flown in Booth Florida? A. Beyond five years ago. Q. Beyond five years age? A. Uh -huh. Q. When is the first time you've caused a banner to be flown? A. Beyond five years ago. Q. Tell me when. A. I can't tell you. Beyond five years ago. Q. More than ten years ago? A. No. Q. What was the first occasion you caused betters to he flown? A. I don't recall. Q. Where was it? Debra Duran $ Associates Phone 561.313.8000 Fax 561.835.8586 Page 110 1 sought letters and a compact disc. 1 2 A. I don't remamber. 2 3 Q. And the appellate court ruled in favor of the 3 4 borough, correct? 4 5 A. I don't think so, but -- oh, yes. There was 5 6 one case that we lost. It went to the Supreme Court. 6 7 Q. Did you have any planes in -- that you owned 7 6 or any companies that owned any planes or blimps in New 8 9 Jersey during the time of this litigation? 9 10 A. Say that again. 10 11 Q. Did you personally or through any entities II 12 have any interest in any planes or blimps in New Jersey 12 13 during the last ten years? 13 14 A. Can I ask you a question about the privilege? 14 15 MR. DESOM: If you have to ask me a 15 16 privilege (Iuestion, you can ask me. 16 17 THE WITNESS: ICtnferrirg with counsel) 17 18 I'm sorry. What was your question again? 18 19 MR. SWEEDIFILE: Could you read it back, 19 20 please. 20 21 (A portion of the record was read by the 21 22 reporter.) 22 23 THE WITNESS: I apologize. Can you do it 23 24 again, please? 24 25 A. No. 25 Paget III (A portion of the record was read by the reporter.) THE WITNESS: Yes. BY MR. SWEFTAPPIE: Q. And ran you tell no what those interests were? A. No. Q. Why not? A. Because I don't know. Q. What type of plane -- what entity had an interest in a plane? A. Don't know. Q. And was the interest in the plane, the blimp, or both? A. Plane. Q. Do you know what kind of plane it was? A. At what point in titre? Q. Any time during the last ten years. What planes did you have an ownership interest in directly or indirectly in New Jersey? A. I had a Desna 7206. 1 had a BE300. And I had a Cesna Caravan, and I had an Extra 400. Q. And who flew, those planes? A. Pilots. Q. What were the pilots' names? A. Fhaardo Batica. Page 113 Q. And what about blimps? A. What is your question? Q. Do you have any ownership directly or indirectly in any blimp? A. No. Q. And have you caused any banners to be flown in Dade, Brward or Palm Beach County during the past five years? A. Yes. Q. When is the first time that you have caused banners to be flown in Booth Florida? A. Beyond five years ago. Q. Beyond five years age? A. Uh -huh. Q. When is the first time you've caused a banner to be flown? A. Beyond five years ago. Q. Tell me when. A. I can't tell you. Beyond five years ago. Q. More than ten years ago? A. No. Q. What was the first occasion you caused betters to he flown? A. I don't recall. Q. Where was it? Debra Duran $ Associates Phone 561.313.8000 Fax 561.835.8586 Page 112 1 Q. low do you spell the last name? 1 2 A. B- a- t- i -c -a. The Extra, I don't rearnber. 2 3 Tim sonabody. And then the Caravan, Kevin somebody. 3 4 Q. Were these planes ever used to pull banners, 4 5 to your knowledge? 5 6 A. Not to my knowledge. 6 7 Q. I9 your am, Jonathan, a pilot? 7 ''. 8 A. Be is. a 9 Q. Did he ever fly these planes? 9 10 A. The 206. 10 11 Q. Do you know if he ever pulled any harmers? 11 12 A. Never. 12 13 Q. Do you know if in Florida he has -- do you 13 14 have any planes in Florida or blimps in Florida? 14 15 A. Doing what? 15 16 Q. Do you have access indirectly or directly to 16 17 any planes in Florida during the last three years? 17 18 NR. DISOMT Object to form. 18 19 TIE WITNESS: I don't know haw to answer the 19 20 question. 20 21 BY M. SWEETAPPLE: 21 22 Q. Do you individually a through entities own 22 23 any interests in any planes that have flown in Florida 23 24 during the last two years? 24 25 A. No. 25 Paget III (A portion of the record was read by the reporter.) THE WITNESS: Yes. BY MR. SWEFTAPPIE: Q. And ran you tell no what those interests were? A. No. Q. Why not? A. Because I don't know. Q. What type of plane -- what entity had an interest in a plane? A. Don't know. Q. And was the interest in the plane, the blimp, or both? A. Plane. Q. Do you know what kind of plane it was? A. At what point in titre? Q. Any time during the last ten years. What planes did you have an ownership interest in directly or indirectly in New Jersey? A. I had a Desna 7206. 1 had a BE300. And I had a Cesna Caravan, and I had an Extra 400. Q. And who flew, those planes? A. Pilots. Q. What were the pilots' names? A. Fhaardo Batica. Page 113 Q. And what about blimps? A. What is your question? Q. Do you have any ownership directly or indirectly in any blimp? A. No. Q. And have you caused any banners to be flown in Dade, Brward or Palm Beach County during the past five years? A. Yes. Q. When is the first time that you have caused banners to be flown in Booth Florida? A. Beyond five years ago. Q. Beyond five years age? A. Uh -huh. Q. When is the first time you've caused a banner to be flown? A. Beyond five years ago. Q. Tell me when. A. I can't tell you. Beyond five years ago. Q. More than ten years ago? A. No. Q. What was the first occasion you caused betters to he flown? A. I don't recall. Q. Where was it? Debra Duran $ Associates Phone 561.313.8000 Fax 561.835.8586 Pagc 115 Q. okay. And had she been convicted? A. She had been convicted, yes. Q. How sore before you flew the banners? A. About four years maybe. Q. So why did you fly these bamlers at the Palm Beach County Courthouse? A. Because I thought the prosecutor's office needed to be brought down a notch or two, and I ran some banners. Q. I'm sorry, you rented? A. -Ran" banners. Q. How assay times did you fly banners? A. Can't answer you. Q. And who did you have fly these banners? A. I can't answer you. Q. Why not? A. Because I don't know. Q. Where did you go? Which airport? A. I didn't go to any airport. Q. Who did you call to do this? A. My -- somebody from my office made the call. Q. And who was called; do you know? A. No. Q. Who from your office called7 A. Well, likely Michelle, but I can't think of Page 117 BY MR. SWEETAPPLE: Q. And that was done at Mr. Anonberg's request, right? MR. DESODZA: Objection. Form. UM WITNESS: You'd haw to ask Mr. Arcnberg. BY MR. SWEECAPPLE: Q. Mr. Aronhezg was involvmd in organizing those protests with you, wasn't he? A. No. Q. Did you file an ethics commlaint against Mr. Aronberg? A. No. Q. Did you ever have a falling out with Mr. Aronberg? MR. DESOM: Objection. Form. 72 WITNESS: I would say a misunderstanding with Mr. Aronberg is better stated. BY MR. SWEETAPPLE: Q. And you never filed any ethics complaint with him? A. He did nothing unethical. Q. And your daughter was convicted of DUI in 2011, right? A. I don't know. Q. And in conjunction with that prosecution, you Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 114 1 A. I think it was at Palm Beach County 1 2 Courthouse, I think. 2 3 Q. And what did it inwlve? 3 4 A. Banners. 4 5 Q. I mean, what did the banners involw? What 5 6 did they pertain to? 6 7 A. I'm not sure I understand your question. 7 B Q. Do ym remember what the banners said? B 9 A. No. 9 10 Q. Do you remember if it involved Mr. Aronbcrg? 10 11 A. No. 11 12 Q. Is it Mr. McCulky? 12 13 MS. 0- 022;OO: McAuliffe. 13 14 BY M. SWW APPLO: 14 15 Q. McAuliffe. 15 16 A. I think a better way of saying it, it immlved 16 17 his office. 17 18 Q. Okay. Did it involve a prosecution of your 1B 19 daughter, Sam, for DUI? 19 20 A. No. 20 21 Q. Was your daughter prosecuted for DUI at the 21 22 time you flew these banners? 22 23 A. Mo. 23 24 Q. Had she been arrested? 24 25 A. Probably four years earlier maybe. 25 Pagc 115 Q. okay. And had she been convicted? A. She had been convicted, yes. Q. How sore before you flew the banners? A. About four years maybe. Q. So why did you fly these bamlers at the Palm Beach County Courthouse? A. Because I thought the prosecutor's office needed to be brought down a notch or two, and I ran some banners. Q. I'm sorry, you rented? A. -Ran" banners. Q. How assay times did you fly banners? A. Can't answer you. Q. And who did you have fly these banners? A. I can't answer you. Q. Why not? A. Because I don't know. Q. Where did you go? Which airport? A. I didn't go to any airport. Q. Who did you call to do this? A. My -- somebody from my office made the call. Q. And who was called; do you know? A. No. Q. Who from your office called7 A. Well, likely Michelle, but I can't think of Page 117 BY MR. SWEETAPPLE: Q. And that was done at Mr. Anonberg's request, right? MR. DESODZA: Objection. Form. UM WITNESS: You'd haw to ask Mr. Arcnberg. BY MR. SWEECAPPLE: Q. Mr. Aronhezg was involvmd in organizing those protests with you, wasn't he? A. No. Q. Did you file an ethics commlaint against Mr. Aronberg? A. No. Q. Did you ever have a falling out with Mr. Aronberg? MR. DESOM: Objection. Form. 72 WITNESS: I would say a misunderstanding with Mr. Aronberg is better stated. BY MR. SWEETAPPLE: Q. And you never filed any ethics complaint with him? A. He did nothing unethical. Q. And your daughter was convicted of DUI in 2011, right? A. I don't know. Q. And in conjunction with that prosecution, you Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 116 1 her last name. 1 2 Q. And who decided what to pot on these banners? 2 3 Was that your decision? 3 4 A. I would say for the mast part it would be my 4 5 decision, yes. 5 6 Q. And did your flying these banners have to do 6 7 with Mr. McAuliffe refusing to meet with you after your 7 8 daughter was convicted of DUI? B 9 A. No. 9 10 Q. Neu, how many times did you fly banners 10 11 directed to Mr. McAuliffe? 11 12 A. I don't knout. 12 13 Q. And you also had M. De Larmartini hire actors 13 14 to stage a protest, didn't you, concerning 14 15 Mr. McAuliffe? 15 16 A. No. 16 17 Q. Did Me. De Larmartini hire people to stage a 17 18 protest of Mr. MrAuliffe's office, to your knowledge? 18 19 A. I don't know for sure. 19 20 Q. What do you know about that subject? 20 21 A. I knew that there was a protest. 21 22 Q. Are you aware it has been widely reported that 22 23 Denise De Larmartini hired the individuals who were 23 24 professional actors to stage that protest? 24 25 MR. DESOM: Objection. Form. 25 Pagc 115 Q. okay. And had she been convicted? A. She had been convicted, yes. Q. How sore before you flew the banners? A. About four years maybe. Q. So why did you fly these bamlers at the Palm Beach County Courthouse? A. Because I thought the prosecutor's office needed to be brought down a notch or two, and I ran some banners. Q. I'm sorry, you rented? A. -Ran" banners. Q. How assay times did you fly banners? A. Can't answer you. Q. And who did you have fly these banners? A. I can't answer you. Q. Why not? A. Because I don't know. Q. Where did you go? Which airport? A. I didn't go to any airport. Q. Who did you call to do this? A. My -- somebody from my office made the call. Q. And who was called; do you know? A. No. Q. Who from your office called7 A. Well, likely Michelle, but I can't think of Page 117 BY MR. SWEETAPPLE: Q. And that was done at Mr. Anonberg's request, right? MR. DESODZA: Objection. Form. UM WITNESS: You'd haw to ask Mr. Arcnberg. BY MR. SWEECAPPLE: Q. Mr. Aronhezg was involvmd in organizing those protests with you, wasn't he? A. No. Q. Did you file an ethics commlaint against Mr. Aronberg? A. No. Q. Did you ever have a falling out with Mr. Aronberg? MR. DESOM: Objection. Form. 72 WITNESS: I would say a misunderstanding with Mr. Aronberg is better stated. BY MR. SWEETAPPLE: Q. And you never filed any ethics complaint with him? A. He did nothing unethical. Q. And your daughter was convicted of DUI in 2011, right? A. I don't know. Q. And in conjunction with that prosecution, you Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 119 Q. You're certain of that? A. I think so. Q. Okay. And what about while the appeal was pending. Did you do it while an appeal was pending? A. I don't know. Q- And what documents were you seeking from Mr. Aronberg's office with all these requests you filed? A. Well, I don't know how many requests I filed, and I don't know which docurents I was seeking as I sit here. Nor do I know how mury I was seeking as I sit here. Q. You don't know how many public records requests were served by you personally to Mr. Arouberg, while your daughter was either under prosecution or in the appellate process? MR. DES=: Objection. Asked and answered. BY MR. BHEMAPPM: Q. I'm asking about him personally. Do you know how many personally you submitted? A. You keep asking me this. Q. dust you personally. I don't want to know the whole global amount, I have the reports and the totals on the global amount. I want to know if you know how much you personally remember. A. Why don't we have the court reporter read it Page 121 unfortunately, as you know, politicos get out of control from time to time and they have to be brought down a notch. Q. In fact, when you were asked while you were making the public records requests, you replied to the writer quote, -you liked to know about your enemy. Isn't that what you said? MR. DE=; Replied to which writer? MR. SWEETAPPIE: The writer of the article concerning your Blimp Co., sweet Aran Boy Blinn Co., I3,C, which made more than 1,300 public records requests between February 12th and March 13, 2012. MR. DESOUZ4: Bob, it's your deposition. I don't know what you're trying to accomplish here but if we're going to spend eight hours just reading from newspaper articles and asking him if the newspaper article is true or not -- I don't know what exactly you're trying to acmnplish here. BY MR, SWEETAPPIE: Q. Mr. O'Boyle, did you tell a reporter in 2012, when asked why you filed over 1,000 public records requests in ore nth, that quote, -You liked to know about your enemy- referring to the state attorneys of Palm Beach and Treasure Coast? A. I don't remember. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page I Is 1 submitted in one mcnth 10300 -- more than 1,300 public 1 2 records requests to State Attorney Aronberg and State 2 3 Attorney Bruce Colton, correct? While the case was 3 4 pending? 4 5 A. No. 5 6 Q. Did any of -- not you personally, but you or a 6 7 caTany that you're affiliated with, submit more than 7 8 1,300 public records requests to Arenberg and Colton's 8 9 office during your daughter's prosecution? 9 10 A. No. 10 11 Q. How many public records do you believe that 11 12 you -- strike that. Did you or any company that you're 12 13 involved in submit any public records requests to either 13 14 State Attorney Aronterg or Colton's office? 14 15 A. Yes. 15 16 Q. And what about to State Attorney McAuliffe? 16 17 Did you aufidt any public records request to State 17 18 Attorney McAuliffe? 18 19 A. I don't think so. 19 20 Q. And the public records requests that you 20 21 submitted to Mr. Arenberg and Mr. Colton's offices, was 21 22 that while a prosecution of your daughter was pending? 22 23 A. No. 23 24 Q. It was after the prosecution was over? 24 25 A. Yes. 25 Page 119 Q. You're certain of that? A. I think so. Q. Okay. And what about while the appeal was pending. Did you do it while an appeal was pending? A. I don't know. Q- And what documents were you seeking from Mr. Aronberg's office with all these requests you filed? A. Well, I don't know how many requests I filed, and I don't know which docurents I was seeking as I sit here. Nor do I know how mury I was seeking as I sit here. Q. You don't know how many public records requests were served by you personally to Mr. Arouberg, while your daughter was either under prosecution or in the appellate process? MR. DES=: Objection. Asked and answered. BY MR. BHEMAPPM: Q. I'm asking about him personally. Do you know how many personally you submitted? A. You keep asking me this. Q. dust you personally. I don't want to know the whole global amount, I have the reports and the totals on the global amount. I want to know if you know how much you personally remember. A. Why don't we have the court reporter read it Page 121 unfortunately, as you know, politicos get out of control from time to time and they have to be brought down a notch. Q. In fact, when you were asked while you were making the public records requests, you replied to the writer quote, -you liked to know about your enemy. Isn't that what you said? MR. DE=; Replied to which writer? MR. SWEETAPPIE: The writer of the article concerning your Blimp Co., sweet Aran Boy Blinn Co., I3,C, which made more than 1,300 public records requests between February 12th and March 13, 2012. MR. DESOUZ4: Bob, it's your deposition. I don't know what you're trying to accomplish here but if we're going to spend eight hours just reading from newspaper articles and asking him if the newspaper article is true or not -- I don't know what exactly you're trying to acmnplish here. BY MR, SWEETAPPIE: Q. Mr. O'Boyle, did you tell a reporter in 2012, when asked why you filed over 1,000 public records requests in ore nth, that quote, -You liked to know about your enemy- referring to the state attorneys of Palm Beach and Treasure Coast? A. I don't remember. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 120 1 back and that way we'll know. 1 2 Q. Do you have an answer? 2 3 A. Pardon? 3 4 Q. Do you have an answer? Do you know 5 A. I don't know. If I've answered the question, 5 6 I would like to just read back the answer. 6 7 Q. I'm not reading your answers back. I can read 7 8 questions back, and I'll rephrase the question for you. 8 9 Do you know -- let me do it this way. Do you 9 10 know what cmpanies that you're involved in made public 10 11 records requests while your daughter was being either 11 12 prosecuted for DUI or was under appeal for her DUI 12 13 Conviction? 13 14 A. No. 14 15 Q. Do you recall even one topic of -- one 15 16 document that you were seeking when you filed this 16 17 request? 17 18 A. No. le 19 Q. And did you file those requests to bring the 19 20 prosecutor down a notch? 20 21 A. You're asking me to go back a few years and 21 22 I'm not sure that I can do that. I filed a request to 22 23 gain information that I thought would be helpful to my 23 24 daughter. Whether I expanded that to brig the 24 25 prosecutor down a notch, as you say, I don't know. But 25 Page 119 Q. You're certain of that? A. I think so. Q. Okay. And what about while the appeal was pending. Did you do it while an appeal was pending? A. I don't know. Q- And what documents were you seeking from Mr. Aronberg's office with all these requests you filed? A. Well, I don't know how many requests I filed, and I don't know which docurents I was seeking as I sit here. Nor do I know how mury I was seeking as I sit here. Q. You don't know how many public records requests were served by you personally to Mr. Arouberg, while your daughter was either under prosecution or in the appellate process? MR. DES=: Objection. Asked and answered. BY MR. BHEMAPPM: Q. I'm asking about him personally. Do you know how many personally you submitted? A. You keep asking me this. Q. dust you personally. I don't want to know the whole global amount, I have the reports and the totals on the global amount. I want to know if you know how much you personally remember. A. Why don't we have the court reporter read it Page 121 unfortunately, as you know, politicos get out of control from time to time and they have to be brought down a notch. Q. In fact, when you were asked while you were making the public records requests, you replied to the writer quote, -you liked to know about your enemy. Isn't that what you said? MR. DE=; Replied to which writer? MR. SWEETAPPIE: The writer of the article concerning your Blimp Co., sweet Aran Boy Blinn Co., I3,C, which made more than 1,300 public records requests between February 12th and March 13, 2012. MR. DESOUZ4: Bob, it's your deposition. I don't know what you're trying to accomplish here but if we're going to spend eight hours just reading from newspaper articles and asking him if the newspaper article is true or not -- I don't know what exactly you're trying to acmnplish here. BY MR, SWEETAPPIE: Q. Mr. O'Boyle, did you tell a reporter in 2012, when asked why you filed over 1,000 public records requests in ore nth, that quote, -You liked to know about your enemy- referring to the state attorneys of Palm Beach and Treasure Coast? A. I don't remember. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 123 handle ?" A. Not that I recall. Q. And did you tell the reporter that you hired two attorneys just to make public records requests? A. No. Q. And did you file arty public records lawsuits with regard to the requests that you inundated the state attorneys' offices with? MR. DFSOM: Objection. Form. THE i1I'IUM: Yeah, I don't -- I don't accept "inundated." If you would like to ask me a different question, I'll answer it. BY M. SWEEIAPPLE: Q. You don't think filing 874 public records requests on Bruce Colton and 454 requests on Dave Atonberg in a 30 -day period is inundating their offices with public records requests? MR. DESO=: I don't particularly agree With your number, Bob. You're reading off a newspaper article. You're not asking him -- you asked him how many he filed and he said I don't know. BY M. SWEEPAPPiE: Q. Are you aware you filed 874 public records requests with Bruce Colton in 19 -- in dale month in 2012? Page 125 Elmer Pudi." Was that a banner that you had anything to do with? A. Probably. Q. I thought you said you didn't fly any banners attacking Mr. FNArliffe. A. Then I erred if that's what I said. Q. 'Smile if you think Mikey McAuliffe is a putz." 'flat's you, right? A. Yes. Q. Because putz is one of your favorite words you like to use in describing people, right? A. Well, such as yourself. M. TAYLOR: Object to form. MR. DESOUZA: objection. BY M. SWEEMPLE: Q. You like to use that for me, for Mr. Morgan. What is a putz? A. Jerk. Q. Is that all it is? A. Yes. Q. And so you like to call people jerks? A. No. I don't like to call people jerks. I like to call jerks jerks. Q. You think it's appropriate while I'm Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 124 Page 122 1 1 Q. Did you consider the state attorneys your 1 2 enemies. Aronberg's office? 2 3 A. I world say generally stated, no. 3 4 Q. And are you familiar with an entity by the 4 5 name of Sweet Aron Boy Blimp Co., LLC? 5 6 A. May I see what you're looking at? 6 7 Q. (Banding document.) 7 8 A. Yes, I am. 8 9 Q. And is that a company that you caused to be 9 10 formed? 13 10 11 A. Yes. 11 12 Q. And does it own a blimp? 12 13 A. Does it own a blimp. No, it does not own a 13 14 blimp, 19 14 15 Q. Does it have any interest in a blimp? 15 16 A. No, it does not have any interest in a blimp. 16 17 Q. Why did you name an LL.0 Sweet Aron Bay Blimp 17 10 Co.? Is there any relationship with Slim co? is 19 A. There could have been. And that was the name 19 20 that 3 picked and we formed it, and there it is. 20 21 Q. Did you have any interest, ownership interest 21 22 in a blimp at the time you formed the LLL? 22 23 A. No. 23 24 Q. And did you also tell the reporter that quote, 24 25 "I'll hit them with more lawsuits than they can possibly I 25 Page 123 handle ?" A. Not that I recall. Q. And did you tell the reporter that you hired two attorneys just to make public records requests? A. No. Q. And did you file arty public records lawsuits with regard to the requests that you inundated the state attorneys' offices with? MR. DFSOM: Objection. Form. THE i1I'IUM: Yeah, I don't -- I don't accept "inundated." If you would like to ask me a different question, I'll answer it. BY M. SWEEIAPPLE: Q. You don't think filing 874 public records requests on Bruce Colton and 454 requests on Dave Atonberg in a 30 -day period is inundating their offices with public records requests? MR. DESO=: I don't particularly agree With your number, Bob. You're reading off a newspaper article. You're not asking him -- you asked him how many he filed and he said I don't know. BY M. SWEEPAPPiE: Q. Are you aware you filed 874 public records requests with Bruce Colton in 19 -- in dale month in 2012? Page 125 Elmer Pudi." Was that a banner that you had anything to do with? A. Probably. Q. I thought you said you didn't fly any banners attacking Mr. FNArliffe. A. Then I erred if that's what I said. Q. 'Smile if you think Mikey McAuliffe is a putz." 'flat's you, right? A. Yes. Q. Because putz is one of your favorite words you like to use in describing people, right? A. Well, such as yourself. M. TAYLOR: Object to form. MR. DESOUZA: objection. BY M. SWEEMPLE: Q. You like to use that for me, for Mr. Morgan. What is a putz? A. Jerk. Q. Is that all it is? A. Yes. Q. And so you like to call people jerks? A. No. I don't like to call people jerks. I like to call jerks jerks. Q. You think it's appropriate while I'm Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 124 1 A. No. 1 2 Q. Are you aware that you filed 454 with Dave 2 3 Aronberg's office? 3 4 A. No. 4 5 Q. What do you consider inundating a public 5 6 official or a municipality with public records requests; 6 7 how many do you think is reasonable? 7 8 A. I don't know. I don't Jnnow. 8 9 Q. Can you tell ms ane doconent you obtained 9 10 through these public records requests from the state 10 11 attorneys that you remember at all? 11 T2 A. No. 12 13 Q. And sore of the signs behind the plane said 13 14 "Beware of thug prosecutors." Do you recall that? 14 15 A. I'm sorry? 15 16 Q. "Beware thug prosecutors.° Do you recall that 16 17 sign? TTat banner? 17 18 A. I'm still not understanding. 18 19 Q. There was one banner that read, "Beware thug 19 20 prosecutors." Do you recall that banner? 20 21 A. Beware of thug prosecutors? I do not. 21 22 Q. Do you recall having anything to do with that 22 23 banner? 23 24 A. If I don't recall it, I don't recall it. 24 25 Q. "Dump McAuliffe for prosecutor. Vote for 25 Page 123 handle ?" A. Not that I recall. Q. And did you tell the reporter that you hired two attorneys just to make public records requests? A. No. Q. And did you file arty public records lawsuits with regard to the requests that you inundated the state attorneys' offices with? MR. DFSOM: Objection. Form. THE i1I'IUM: Yeah, I don't -- I don't accept "inundated." If you would like to ask me a different question, I'll answer it. BY M. SWEEIAPPLE: Q. You don't think filing 874 public records requests on Bruce Colton and 454 requests on Dave Atonberg in a 30 -day period is inundating their offices with public records requests? MR. DESO=: I don't particularly agree With your number, Bob. You're reading off a newspaper article. You're not asking him -- you asked him how many he filed and he said I don't know. BY M. SWEEPAPPiE: Q. Are you aware you filed 874 public records requests with Bruce Colton in 19 -- in dale month in 2012? Page 125 Elmer Pudi." Was that a banner that you had anything to do with? A. Probably. Q. I thought you said you didn't fly any banners attacking Mr. FNArliffe. A. Then I erred if that's what I said. Q. 'Smile if you think Mikey McAuliffe is a putz." 'flat's you, right? A. Yes. Q. Because putz is one of your favorite words you like to use in describing people, right? A. Well, such as yourself. M. TAYLOR: Object to form. MR. DESOUZA: objection. BY M. SWEEMPLE: Q. You like to use that for me, for Mr. Morgan. What is a putz? A. Jerk. Q. Is that all it is? A. Yes. Q. And so you like to call people jerks? A. No. I don't like to call people jerks. I like to call jerks jerks. Q. You think it's appropriate while I'm Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 127 allegedly flown this year, which we have yet to talk about. And perhaps maybe even get to the merits of this case at some point this afternoon. M. SWWWPLE: Well, the signs have the same wards in them as I'm talking about in this case. I'm getting into his Pp, his intent, and I intend to show that this gentleman has been engaging, as I allege in the motion, in conduct that is classic litigation abuse in multi jurisdictions that he has been sanctioned for, that he knows is not permitted, and that he's continuing to do it. So it's mt about my feelings. It is about whether or mt it's appropriate for my client to say that you are rotten. Or to say you lay smelly farts, or to threaten your children. And I'll get into everything that I'm going to prove this gentleman did in this case. And I'm going to prove he did it in other inStances. And it's just a very small part of his illegal conduct that we're going to be getting into in this litigation. So just be patient. M. DESOUZA: Well -- FM. SWEETAPPLE: Please. I've been doing this 34 years. I will tie it all up for you All your mysteries will be solved. Page 129 MR. SWEEWPLE: That's right. And I'm going to be amending and bringing claim in this case that we're going to relate to all these other cases, so allow me to take my discovery. Your client's filed 12 lawsuits just in his name. Certainly he is mt in a rush mt to be deposed. He apparently wants to be deposed. He wants to tell a story. He has all these claims that we need to find out about. So let me find out about this claim, and exactly what he's doing and how he wants to litigate, okay? MR. DES0J7.A: I would love for you to do that, obviously. I would love for you to ask about this claim at some point, before -- let's see, it's 2:05 now. We started at 9:30. I don't thirk I have heard a single question today abort this claim, this lawsuit, or the allegations you have raised in your motion to dismiss. M. SNEEl'APPLE: Well, then -- MR. DES=: Maybe I'm mt paying attention. But I don't think I've heard a single question. MR. SWEEWPLE: It's not my job to educate you. If you think that's the case, then God bless You. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 126 1 litigating against you to call are a jerk? 1 2 MR. DFSDUZA: Object to form. 2 3 THE WITNESS: I didn't say it was appropriate 3 4 or not. 4 5 BY MR. Sh'EETT3PLE: 5 6 Q. Well, you have called me a jerk, right? 6 7 A. Well, I call a spade a spade. 7 E Q. I see. So you've called me a jerk, right? 8 9 MR. DESOUZA: Are we here about your feelings, 9 to Bob, or to actually talk about this rase? 10 11 MR. SWWWPLE: We're here about my motion 11 12 to -- 12 13 MR. DES=: Are your feelings hurt, or do we 13 14 actually want to talk about it? 14 15 MR. SWEEP PPLE: We're here about your 15 16 client's abuse of conduct in litigation 16 17 sanctioning him and his counsel. 17 10 MR. DESODZA: We're not here on a case in 18 19 Tennessee. We're mt here about flying signs ten 19 20 years ago. As far as I know, we're here about a 20 21 motion for sanctions and an aneniment to that 21 22 motion for sanctions that you filed in this case, 22 23 which as far as I can tell relate to two items. 23 24 Some meeting that happened in June that you get to 24 25 talk about at 3:00 p.m., and some signs that were 25 Page 127 allegedly flown this year, which we have yet to talk about. And perhaps maybe even get to the merits of this case at some point this afternoon. M. SWWWPLE: Well, the signs have the same wards in them as I'm talking about in this case. I'm getting into his Pp, his intent, and I intend to show that this gentleman has been engaging, as I allege in the motion, in conduct that is classic litigation abuse in multi jurisdictions that he has been sanctioned for, that he knows is not permitted, and that he's continuing to do it. So it's mt about my feelings. It is about whether or mt it's appropriate for my client to say that you are rotten. Or to say you lay smelly farts, or to threaten your children. And I'll get into everything that I'm going to prove this gentleman did in this case. And I'm going to prove he did it in other inStances. And it's just a very small part of his illegal conduct that we're going to be getting into in this litigation. So just be patient. M. DESOUZA: Well -- FM. SWEETAPPLE: Please. I've been doing this 34 years. I will tie it all up for you All your mysteries will be solved. Page 129 MR. SWEEWPLE: That's right. And I'm going to be amending and bringing claim in this case that we're going to relate to all these other cases, so allow me to take my discovery. Your client's filed 12 lawsuits just in his name. Certainly he is mt in a rush mt to be deposed. He apparently wants to be deposed. He wants to tell a story. He has all these claims that we need to find out about. So let me find out about this claim, and exactly what he's doing and how he wants to litigate, okay? MR. DES0J7.A: I would love for you to do that, obviously. I would love for you to ask about this claim at some point, before -- let's see, it's 2:05 now. We started at 9:30. I don't thirk I have heard a single question today abort this claim, this lawsuit, or the allegations you have raised in your motion to dismiss. M. SNEEl'APPLE: Well, then -- MR. DES=: Maybe I'm mt paying attention. But I don't think I've heard a single question. MR. SWEEWPLE: It's not my job to educate you. If you think that's the case, then God bless You. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 129 1 MR. DESOULA: Bob, I appreciate it. I Would 1 2 rather -- 2 3 MR. SWEEWPLE: Let me go forward, 3 4 MR. DESOUZA: Can you had on a second? 4 5 MR, SWEEMPLE: No, we're done. 5 6 MR. DESOUZA: I'd appreciate -- 6 7 W. SEETAPPLE: Mr. O'Boyle, I have a 7 6 question -- 8 9 MR. DESOEM: Hey. Excuse me, I would 9 10 appreciate it if you might be able to do it, say, SO 11 perhaps before 10:00 p.m. tonight so we can all get 11 12 home. 12 13 MR. SWEEl'APPLE: We're mt going to go until 13 14 10:00 p.m, tonight. Your client has 12 cases 14 15 pending just in his name. He has got met a 15 16 humlmd in a bogus entity called Citizens Awareness 16 17 Foundation that he's used with his son to shakedcsm 17 18 governments throughout this state. 18 19 MR. DES=: Really? 19 20 MR. SWWWPLE: For money. Yes. 20 21 MR. DESOIIITn: I'm here for one case. I'm mt 21 22 here for 12 cases, 100 cases. I'm mt here for a 22 23 gale in Tennnessee. Z'm here for -• 23 24 W. SWEMAPPLE: I'm here to amend. 24 25 MR. DE9W2A: -- one case. 25 Page 127 allegedly flown this year, which we have yet to talk about. And perhaps maybe even get to the merits of this case at some point this afternoon. M. SWWWPLE: Well, the signs have the same wards in them as I'm talking about in this case. I'm getting into his Pp, his intent, and I intend to show that this gentleman has been engaging, as I allege in the motion, in conduct that is classic litigation abuse in multi jurisdictions that he has been sanctioned for, that he knows is not permitted, and that he's continuing to do it. So it's mt about my feelings. It is about whether or mt it's appropriate for my client to say that you are rotten. Or to say you lay smelly farts, or to threaten your children. And I'll get into everything that I'm going to prove this gentleman did in this case. And I'm going to prove he did it in other inStances. And it's just a very small part of his illegal conduct that we're going to be getting into in this litigation. So just be patient. M. DESOUZA: Well -- FM. SWEETAPPLE: Please. I've been doing this 34 years. I will tie it all up for you All your mysteries will be solved. Page 129 MR. SWEEWPLE: That's right. And I'm going to be amending and bringing claim in this case that we're going to relate to all these other cases, so allow me to take my discovery. Your client's filed 12 lawsuits just in his name. Certainly he is mt in a rush mt to be deposed. He apparently wants to be deposed. He wants to tell a story. He has all these claims that we need to find out about. So let me find out about this claim, and exactly what he's doing and how he wants to litigate, okay? MR. DES0J7.A: I would love for you to do that, obviously. I would love for you to ask about this claim at some point, before -- let's see, it's 2:05 now. We started at 9:30. I don't thirk I have heard a single question today abort this claim, this lawsuit, or the allegations you have raised in your motion to dismiss. M. SNEEl'APPLE: Well, then -- MR. DES=: Maybe I'm mt paying attention. But I don't think I've heard a single question. MR. SWEEWPLE: It's not my job to educate you. If you think that's the case, then God bless You. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 131 BY MR. SWEEfAPPiE: Q. Do you think it is appropriate for you to make statements that I, as a lrember of the bar, is misrepresenting the law or facts? A. I'm sorry. Say that again. Q. To wake public statements that I'm misrepresenting the law or facts or have dale that; do you think it's appropriate for you to do that publicly during this litigation? A. I still didn't catch what you said. can you say it again? Q. I'll withdraw it. MR. DESOOZA: Just for the record, I do think that was a relevant question, 2:07 p.m. MR. SWBEfAPPLE: You have continued to make facetious comments throughout the deposition, to make speaking objections -- MR. DESOQ'LA: I think it was relevant. MR. SWMAPPLE: I don't need you to comment on whether you think something is relevant. You think relevancy even matters in a deposition. You think settlement discussions can't be discussed in a deposition. MR. DE.SOM: I didn't say that. MR. SWEETAPPL8: I really don't need you to Page 133 Q. And than Judge Crow threw those claims out also, right? MR. DESOOZA: Objection to form. ME WITNESS: I'm not sure what happened. BY MR. SRMTAPPLE: Q. And you were sanctioned and your attorneys were sanctioned in that litigation just this year, weren't you? A. I don't think I was sanctioned, but I don't knew. Q. You don't recall that? A. I said I don't know that. Q. Were you aware that fees were awarded under 57.105? A. No. MR. SMITH: Who was that against? MR. SWWAPPLE: The Stofts. Randy and Janice Soft. W. DESOUZA: That's who the case was filed against. MR. EM11H: That's what I was asking. PR. SWEEfAPPIC: Yeah. Mr. Witmer was the attorney from the O'Boyle Law Firm. Randy Stoft, the architect, and his former wife. MR. SMITH: Thank you. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 130 1 Okay, Mr. O'Boyle -- 1 2 THE WIT1MS: May the Lord be with you. 2 3 MR. DESOM: Thank you. 3 4 BY MR. SWBECAPPLE: 4 5 Q. Mr. O'Boyle, so do you think it is 5 6 appropriate, when you were involved in the litigation 6 7 with trying to assist your daughter in her criminal 7 8 matters, and you were filing -- flying banners calling 8 9 Mr. McAuliffe a jerk, without telling me what was said, 9 18 did you ever talk to any attorneys about whether or not 10 11 that was appropriate? 11 12 A. Yes. 12 13 Q. Okay. And without telling me what was said, 13 14 when you have, in this litigation, called Mr. Morgan, 14 15 the mayor, a putz during this litigation, have you SS 16 spoken with any attorneys as to whether or not that was 16 17 appropriate? 17 18 A. NO. 10 19 Q. And you do think it's appropriate in this 19 20 litigation to publicly defame me? 20 21 MR. UPS=: objection. 21 22 MR. TAYLOR: Objection. Legal conclusion. 22 23 THE WITNESS: It is a legal question. I can't 23 24 answer it. 24 25 exactly what was there, hat seething akin to that, yes. 25 Page 131 BY MR. SWEEfAPPiE: Q. Do you think it is appropriate for you to make statements that I, as a lrember of the bar, is misrepresenting the law or facts? A. I'm sorry. Say that again. Q. To wake public statements that I'm misrepresenting the law or facts or have dale that; do you think it's appropriate for you to do that publicly during this litigation? A. I still didn't catch what you said. can you say it again? Q. I'll withdraw it. MR. DESOOZA: Just for the record, I do think that was a relevant question, 2:07 p.m. MR. SWBEfAPPLE: You have continued to make facetious comments throughout the deposition, to make speaking objections -- MR. DESOQ'LA: I think it was relevant. MR. SWMAPPLE: I don't need you to comment on whether you think something is relevant. You think relevancy even matters in a deposition. You think settlement discussions can't be discussed in a deposition. MR. DE.SOM: I didn't say that. MR. SWEETAPPL8: I really don't need you to Page 133 Q. And than Judge Crow threw those claims out also, right? MR. DESOOZA: Objection to form. ME WITNESS: I'm not sure what happened. BY MR. SRMTAPPLE: Q. And you were sanctioned and your attorneys were sanctioned in that litigation just this year, weren't you? A. I don't think I was sanctioned, but I don't knew. Q. You don't recall that? A. I said I don't know that. Q. Were you aware that fees were awarded under 57.105? A. No. MR. SMITH: Who was that against? MR. SWWAPPLE: The Stofts. Randy and Janice Soft. W. DESOUZA: That's who the case was filed against. MR. EM11H: That's what I was asking. PR. SWEEfAPPIC: Yeah. Mr. Witmer was the attorney from the O'Boyle Law Firm. Randy Stoft, the architect, and his former wife. MR. SMITH: Thank you. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 13' 1 comment on whether something is relevant or not. 1 2 You're not the judge, and that's not the legal 2 3 standard. So that's one reason I don't put much 3 4 credence in your preaching to me. 4 5 MR. DEOM: Are you the judge, Bob? 5 6 MR. SWEEPAPPLE: No, I'm not. And I would 6 7 like to take a deposition. 7 8 MR. DBSOOZA: Why don't you continue? 6 9 MR. SWEETAPPLE: Thank you. 9 10 THE WITNESS: Can I be the judge? 10 11 MR. DESOOZA: Not today. 11 12 BY MR. SWEBTAPPLE: 12 13 Q. Now, as a result of your daughter's case, you 13 14 and your wife filed a civil suit against the Stofts, 14 15 correct? 15 16 A. I don't know if my wife was involved, but I 16 17 think we, did. 17 18 Q. She was the plaintiff as well, don't you SE 19 recall that? 19 20 A. No. 20 21 Q. And you allege that you were notionally -- 21 22 you had pain and suffering because you saw the video of 22 23 your daughter's DUI test, right? 23 24 A. I believe, I don't remember the exact -- 24 25 exactly what was there, hat seething akin to that, yes. 25 Page 131 BY MR. SWEEfAPPiE: Q. Do you think it is appropriate for you to make statements that I, as a lrember of the bar, is misrepresenting the law or facts? A. I'm sorry. Say that again. Q. To wake public statements that I'm misrepresenting the law or facts or have dale that; do you think it's appropriate for you to do that publicly during this litigation? A. I still didn't catch what you said. can you say it again? Q. I'll withdraw it. MR. DESOOZA: Just for the record, I do think that was a relevant question, 2:07 p.m. MR. SWBEfAPPLE: You have continued to make facetious comments throughout the deposition, to make speaking objections -- MR. DESOQ'LA: I think it was relevant. MR. SWMAPPLE: I don't need you to comment on whether you think something is relevant. You think relevancy even matters in a deposition. You think settlement discussions can't be discussed in a deposition. MR. DE.SOM: I didn't say that. MR. SWEETAPPL8: I really don't need you to Page 133 Q. And than Judge Crow threw those claims out also, right? MR. DESOOZA: Objection to form. ME WITNESS: I'm not sure what happened. BY MR. SRMTAPPLE: Q. And you were sanctioned and your attorneys were sanctioned in that litigation just this year, weren't you? A. I don't think I was sanctioned, but I don't knew. Q. You don't recall that? A. I said I don't know that. Q. Were you aware that fees were awarded under 57.105? A. No. MR. SMITH: Who was that against? MR. SWWAPPLE: The Stofts. Randy and Janice Soft. W. DESOUZA: That's who the case was filed against. MR. EM11H: That's what I was asking. PR. SWEEfAPPIC: Yeah. Mr. Witmer was the attorney from the O'Boyle Law Firm. Randy Stoft, the architect, and his former wife. MR. SMITH: Thank you. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 135 MR. DFSWZA: Objection. Sane question, three times. BY MR. SWEEIVRE: Q. Can you answer that? A. You -- I guess you know, the answer, so... Q. I want to know if you know the answer. A. The answer is I don't know. I don't. But if you tell me the question again I might change my mind. Q. In June of 2004 was Mz. Ring an employee of the O'Boyle Law Firm? A. Don't know. 142. DESOM: You said 2004. BY MR. 6WEEWFLE: 0. 2014. Was he, in 2014, in June, was Mr. Ring a member of the O'Boyle Law Firm? A. I do not know. Q. What is your relationship with Mr. Ring? A. Mr. Ring used to -- he's a former employee. 0. Hhen was he your employee? A. Previously. Q. For haw long? A. I don't know. Q. More than ten years? A. I think so. Q. lore than 20 years? Page 137 yar? A. Well, first of all, they do-t work for me. They work for companies. And Ms. De Larsartini, off and an, 25 years or so. Q. Is she a paralegal? A. She is. Q. And what -- in the last three years, which of your companies or companies you're related to have -- related with, paid her salaries? A. Boni know. Q. Has she worked at the O'Boyle law Firm? A. No. I shouldn't say no. Not to my knowledge. Q. Does she ever attend O'Boyle Law Firm meetings? A. I don't know. 0. Has she ever indicated to Mr. Chandler that she expects that he produce 100 cases a month by filing public records requests throughout the state, so that attorneys' fees can be forwarded to the O'Boyle law Firm? A. No. MR. RUM: Object to the form of that question. BY MR. SWEEFAPPLE: Q. You never asked that question? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 134 Page 136 1 BY MR. Sh7EIAPPLE: 1 2 Q. Okay. Nov, you asked to -- strike that. 2 3 Did you ask or did your attorney, Mr. Ring, 3 4 ask to have a meeting with 11r. Randolph and Ms. O'Connor 4 5 in June of this year? 5 6 A. I believe Mr. Ring asked to have a meeting for 6 7 the purposes of the settlenent conference. 7 R Q. A settlement conference of what? a 9 A. To try to settle whatever case was hot at the 9 10 titre. I don't remaber. 10 11 Q. whatever case or cases? 11 12 A. Whatever case or cases. 12 13 Q. Okay. And was the purpose to discuss the 13 14 motion to disqualify the O'Boyle Law Firm? 14 15 A. I think that was ape of the purposes, yes. 15 16 Q. And was Mr. Ring counsel in any of the cases 16 17 that were pending at that time? 17 15 A. You'd have to ask him. is 19 Q. Well, he wasn't counsel in any of the cases 19 20 that were pending at that titre, was he, Mr. O'Boyle? 20 21 You know that. 21 22 M. OESOM: Objection. Asked and answered. 22 23 BY M. SWEEIAPPLE: 23 24 Q. Dm't you know, that Mr. Ring was not serving 24 25 as an attorney in any of the cases on June 4, 2014? 25 Page 135 MR. DFSWZA: Objection. Sane question, three times. BY MR. SWEEIVRE: Q. Can you answer that? A. You -- I guess you know, the answer, so... Q. I want to know if you know the answer. A. The answer is I don't know. I don't. But if you tell me the question again I might change my mind. Q. In June of 2004 was Mz. Ring an employee of the O'Boyle Law Firm? A. Don't know. 142. DESOM: You said 2004. BY MR. 6WEEWFLE: 0. 2014. Was he, in 2014, in June, was Mr. Ring a member of the O'Boyle Law Firm? A. I do not know. Q. What is your relationship with Mr. Ring? A. Mr. Ring used to -- he's a former employee. 0. Hhen was he your employee? A. Previously. Q. For haw long? A. I don't know. Q. More than ten years? A. I think so. Q. lore than 20 years? Page 137 yar? A. Well, first of all, they do-t work for me. They work for companies. And Ms. De Larsartini, off and an, 25 years or so. Q. Is she a paralegal? A. She is. Q. And what -- in the last three years, which of your companies or companies you're related to have -- related with, paid her salaries? A. Boni know. Q. Has she worked at the O'Boyle law Firm? A. No. I shouldn't say no. Not to my knowledge. Q. Does she ever attend O'Boyle Law Firm meetings? A. I don't know. 0. Has she ever indicated to Mr. Chandler that she expects that he produce 100 cases a month by filing public records requests throughout the state, so that attorneys' fees can be forwarded to the O'Boyle law Firm? A. No. MR. RUM: Object to the form of that question. BY MR. SWEEFAPPLE: Q. You never asked that question? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 136 1 A. No. 1 2 Q. Whit companies has he worked for? 2 3 A. I don't know. 3 4 Q. Do you know of any companies he woadmd for? 4 5 A. Ho. 5 6 Q. Is he a member of the Florida Bar? 6 7 A. Yes. 7 a Q. Now long has he been a member of the Florida a 9 Bar? 9 30 A. I don't know. 10 11 Q. Has he served on any not- for - profits at your 11 12 request such as Citizens Awareness Foundation? 12 13 A. I think he was an officer at one time, yes. 13 14 Q. Did you appoint him to that position? 14 15 A. I don't think so. is 16 0. And you're sure of that? 16 17 A. I just said I don't think so. 17 18 Q. Didn't you have discussions with Mr. Joel 18 19 Chandler as to who you were going to appoint to be the 19 20 directors of the Citizens Awareness Foundation? 20 21 A. No, because I didn't make the anoointments. 21 22 Q. You didn't. And Ms. De larmartini became a 22 23 director as well, didn't She? 23 24 A. I believe so. 24 25 Q. And had long has Ms. De Lareartini worked for 25 Page 135 MR. DFSWZA: Objection. Sane question, three times. BY MR. SWEEIVRE: Q. Can you answer that? A. You -- I guess you know, the answer, so... Q. I want to know if you know the answer. A. The answer is I don't know. I don't. But if you tell me the question again I might change my mind. Q. In June of 2004 was Mz. Ring an employee of the O'Boyle Law Firm? A. Don't know. 142. DESOM: You said 2004. BY MR. 6WEEWFLE: 0. 2014. Was he, in 2014, in June, was Mr. Ring a member of the O'Boyle Law Firm? A. I do not know. Q. What is your relationship with Mr. Ring? A. Mr. Ring used to -- he's a former employee. 0. Hhen was he your employee? A. Previously. Q. For haw long? A. I don't know. Q. More than ten years? A. I think so. Q. lore than 20 years? Page 137 yar? A. Well, first of all, they do-t work for me. They work for companies. And Ms. De Larsartini, off and an, 25 years or so. Q. Is she a paralegal? A. She is. Q. And what -- in the last three years, which of your companies or companies you're related to have -- related with, paid her salaries? A. Boni know. Q. Has she worked at the O'Boyle law Firm? A. No. I shouldn't say no. Not to my knowledge. Q. Does she ever attend O'Boyle Law Firm meetings? A. I don't know. 0. Has she ever indicated to Mr. Chandler that she expects that he produce 100 cases a month by filing public records requests throughout the state, so that attorneys' fees can be forwarded to the O'Boyle law Firm? A. No. MR. RUM: Object to the form of that question. BY MR. SWEEFAPPLE: Q. You never asked that question? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Pagc 139 if there's an objection we can actually get it out. BY MR. SWEE17LPPIE: Q. She does work fox the O'Boyle law Firm, doesn't she? A. No. Q. She has conducted meetings of the O'Boyle law Firm and gone over entire case lists of the O'Boyle taw Firm with lawyers in the O'Boyle Law Firm and Mr. Chandler, hasn't she? MR. SMITH: Object to the form. MR. DESOOZA: Same abjection. THE WITNESS: Not to my k�ledge. BY MR. SWEECAPPLE; Q. You're not aware that Ms. Da Iarmartini is actively involved in the administration of the O'Boyle law Firm? MR. SMITH: Object to the form. Argumentative. ASSUMcS facts. MR. DESOU7A: Same. THE WITNESS: I don't know how to even answnr that. BY MR. SWEETAPPLE: Q. Ham about truthfully? Are you aware that Ms. De Larmartini, who has been with you for 25 years, is not only working for the Commerce Group and working Pagc 141 A. No. Q. And are you aware that Ms. De lamartini in writing has demanded that Mr. Chandler produce to the O'Boyle law Firm a hundred lawsuits a month? MR. SMITH: Object to the form. THE WITNESS: No. BY MR. SWEEFAPPLE: Q. Are you aware of the windfall profit scheme that is used by the O'Boyle Law Firm? MR. SMITH: Objection. MR. TAYLOR: Object. MR. DES=: Objection. MR . S14IIH: Core on, Bob. You know better than that. BY MR. SWEEIAPPLE: Q. Are you aware -- do you know who Mr. Chandler is? A. Yes. He's a crook. Q. An you aware that he has contacted various victims of your and the O'Boyle law Firm's practices and made these victims aware of what he alleges are fraudulent and criminal activities? MR. DESOUZA: Objection, Form. MR. SMITH: Objection. MR. TAYLOR: Objection. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Pagc 139 1 A. No. 1 2 Q. So there are no a -nails from Ms. De Larmartini 2 3 where she is administering the O'Boyle taw Firm? 3 4 A. Well, she prey have. I haven't seen an e-mail. 4 5 But there could be an e-mail confirming Ns. Chandler's 5 6 memorandum where he said, I will produce i00 lawsuits a 6 7 month, 7 8 Q. And you are not aware that Miss -- are you 8 9 aware Ms. De lartartini has worked for the O'Boyle taw 9 10 Firm and made a demand of Mr. Chandler to provide 100 10 ll lawsuits to the O'Boyle law Firm? 11 12 MR. SMITH: Object to the form. 12 13 MR. DESOUZA: Same. 13 14 THE WITNESS: I think that's an untruth. 14 15 BY MR. SWEEIAPPLE: 35 16 Q. And Ms. De Laxmartini works for the commerce 16 17 Group? 17 18 A. Yes. 18 19 Q. And she works for the Citizens Awareness 19 20 Foundation? 20 21 A. Yes. 21 22 Q. And she works for the O'Boyle taw Firm, 22 23 correct? 23 24 A. No. 24 25 MR. DFSGUZA: Can we slow down a little bit so 2S Pagc 139 if there's an objection we can actually get it out. BY MR. SWEE17LPPIE: Q. She does work fox the O'Boyle law Firm, doesn't she? A. No. Q. She has conducted meetings of the O'Boyle law Firm and gone over entire case lists of the O'Boyle taw Firm with lawyers in the O'Boyle Law Firm and Mr. Chandler, hasn't she? MR. SMITH: Object to the form. MR. DESOOZA: Same abjection. THE WITNESS: Not to my k�ledge. BY MR. SWEECAPPLE; Q. You're not aware that Ms. Da Iarmartini is actively involved in the administration of the O'Boyle law Firm? MR. SMITH: Object to the form. Argumentative. ASSUMcS facts. MR. DESOU7A: Same. THE WITNESS: I don't know how to even answnr that. BY MR. SWEETAPPLE: Q. Ham about truthfully? Are you aware that Ms. De Larmartini, who has been with you for 25 years, is not only working for the Commerce Group and working Pagc 141 A. No. Q. And are you aware that Ms. De lamartini in writing has demanded that Mr. Chandler produce to the O'Boyle law Firm a hundred lawsuits a month? MR. SMITH: Object to the form. THE WITNESS: No. BY MR. SWEEFAPPLE: Q. Are you aware of the windfall profit scheme that is used by the O'Boyle Law Firm? MR. SMITH: Objection. MR. TAYLOR: Object. MR. DES=: Objection. MR . S14IIH: Core on, Bob. You know better than that. BY MR. SWEEIAPPLE: Q. Are you aware -- do you know who Mr. Chandler is? A. Yes. He's a crook. Q. An you aware that he has contacted various victims of your and the O'Boyle law Firm's practices and made these victims aware of what he alleges are fraudulent and criminal activities? MR. DESOUZA: Objection, Form. MR. SMITH: Objection. MR. TAYLOR: Objection. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Pap 140 1 for Citizens Awareness Foundation, but is also running 1 2 or assisting in the administration of the O'Boyle law 2 3 Firm? 3 4 MR. TAYLOR: Objection. Asked and answered. 4 5 MR. SMITH: Objection to form. 5 6 MR. DESOUZA: Sane objection. 6 7 THE WITNESS: Is there a question? 7 8 BY MR. SWEEfAPPLE: 8 9 Q. Yes. Are you aware that that's what's 9 SO occurring? 10 13 MR. SMITH: Object to form. 11 12 THE WITNESS: No. 12 13 BY MR. SAEEWRLE: 13 14 Q. And didn't you and your son, Jcnathan O'Boyle, 14 15 next with Joel Chandler in January of 2014 for the 15 16 purpose of forming Citizens Awareness Foundation in 16 17 order to front litigation to the O'Boyle Law Firm which 17 18 was going to be formed at the sale titre? 18 19 A. No. 19 20 MR. SMITH: Object to the form . 20 21 MR . DFSOUZA: Same. 21 22 BY MR. SWESIAPPLE: 22 23 Q. And didn't you agree to pay Mr. Chandler 23 24 $120,000 a year to go around the state and to file 24 25 public records request lawsuits? 25 Pagc 139 if there's an objection we can actually get it out. BY MR. SWEE17LPPIE: Q. She does work fox the O'Boyle law Firm, doesn't she? A. No. Q. She has conducted meetings of the O'Boyle law Firm and gone over entire case lists of the O'Boyle taw Firm with lawyers in the O'Boyle Law Firm and Mr. Chandler, hasn't she? MR. SMITH: Object to the form. MR. DESOOZA: Same abjection. THE WITNESS: Not to my k�ledge. BY MR. SWEECAPPLE; Q. You're not aware that Ms. Da Iarmartini is actively involved in the administration of the O'Boyle law Firm? MR. SMITH: Object to the form. Argumentative. ASSUMcS facts. MR. DESOU7A: Same. THE WITNESS: I don't know how to even answnr that. BY MR. SWEETAPPLE: Q. Ham about truthfully? Are you aware that Ms. De Larmartini, who has been with you for 25 years, is not only working for the Commerce Group and working Pagc 141 A. No. Q. And are you aware that Ms. De lamartini in writing has demanded that Mr. Chandler produce to the O'Boyle law Firm a hundred lawsuits a month? MR. SMITH: Object to the form. THE WITNESS: No. BY MR. SWEEFAPPLE: Q. Are you aware of the windfall profit scheme that is used by the O'Boyle Law Firm? MR. SMITH: Objection. MR. TAYLOR: Object. MR. DES=: Objection. MR . S14IIH: Core on, Bob. You know better than that. BY MR. SWEEIAPPLE: Q. Are you aware -- do you know who Mr. Chandler is? A. Yes. He's a crook. Q. An you aware that he has contacted various victims of your and the O'Boyle law Firm's practices and made these victims aware of what he alleges are fraudulent and criminal activities? MR. DESOUZA: Objection, Form. MR. SMITH: Objection. MR. TAYLOR: Objection. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page I43 A. It's a company. Q. You caused it to be formed, didn't you? A. I don't know that I caused it to be formed. I don't think so. Q. Well, bin. Ring did at your direction, right? A. I'm not going to answer that. I'm not going to answer that. Q. And you discussed with Mr. Chandler that the Citizens Awareness Foundation was going to be an entity that was going to go arauld the state and make public records requests and generate lawsuits, right? A. No. Q. No? A. Wrong. Q. And did you offer to pay Mr. Chandler $120,000 a year to go around the state and file lawsuits? A. No. Q. Prepare lawsuits? A. No. Q. And did you -- was Mr. Chandler hired by Citizens Awareness Foundation the same day that it was formed? A. I have no idea. Q. And you agreed to pay Mister -- strike that. Did you ever fund any money to Citizens Page 145 salary cone from you or your companies? A. To the best of m0' knowledge it did, but 1 can't say for sure. 0. And has the Citizens Awareness Foundation filed lawsuits thrx#=t the state of Florida for public records violations? A. I mean, I'm assuming, yes. But I have no, personal knowledge. Q. Okay. Well, you called Mr. Chandler after he quit, after he resigned, and asked him to deliver the balance of the cases to the O'Boyle law Firm, and sent him an e-mail to that effect, didn't you? A. I think what I sent hum an e-mail and called him was, was for him to give us back the property he stole. Q. What prooertty did he steal? A. Well, during the period of time he had a =tract, and it said that any -- I'm going to call them °deals." Any deals between point A and point B were ours. And as we decided to do a little bit of research, we started finding out in various parts of the state where be was -- during all that time he wasn't giving us the deals, he was giving him the deals. we also came to -- Q. Who is the -us- that he wasn't giving the Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 142 1 THE WITNESS: I'm not aware of that. But I am 1 2 aware that he committed bankruptcy fraud. That, I 2 3 am aware of. 3 4 BY MR. SWEETAPPLE: 4 5 Q. Are you aware that the Citizens Awareness 5 6 Foundation has sued Mr. Chandler to try to get him to be 6 7 quiet about the things that he's going around telling 7 8 attorneys throughout the state that you're involved in? 8 9 MR. BESOUM: Hold on. 9 10 MR. SCM: Object to form. Bob, you know 30 11 you're making speeches. You're not asking 11 12 questions. You've been doing this for 34 years, 12 13 you're making speeches. 13 14 MR. DFSOOZA: Are you aware that he did this 14 15 to silence the:. Give me a break, Bob. Why don't 15 16 you ask some questions that are actually going to 16 17 generate some answers so we can all go home at some 17 18 point today. 18 19 (Defendant's Exhibit No. 6 was marked for 19 20 identifimtim.) 20 21 BY W. SWERMPLE: 21 22 Q. Let me show you what I'm going to mark as the 22 23 next exhibit, Mr. O'Boyle. It was a lawsuit filed by 23 24 the alleged Citizens Awareness Foundation. Do you know 24 25 what the Citizens Awareness Foundation is? 25 Page I43 A. It's a company. Q. You caused it to be formed, didn't you? A. I don't know that I caused it to be formed. I don't think so. Q. Well, bin. Ring did at your direction, right? A. I'm not going to answer that. I'm not going to answer that. Q. And you discussed with Mr. Chandler that the Citizens Awareness Foundation was going to be an entity that was going to go arauld the state and make public records requests and generate lawsuits, right? A. No. Q. No? A. Wrong. Q. And did you offer to pay Mr. Chandler $120,000 a year to go around the state and file lawsuits? A. No. Q. Prepare lawsuits? A. No. Q. And did you -- was Mr. Chandler hired by Citizens Awareness Foundation the same day that it was formed? A. I have no idea. Q. And you agreed to pay Mister -- strike that. Did you ever fund any money to Citizens Page 145 salary cone from you or your companies? A. To the best of m0' knowledge it did, but 1 can't say for sure. 0. And has the Citizens Awareness Foundation filed lawsuits thrx#=t the state of Florida for public records violations? A. I mean, I'm assuming, yes. But I have no, personal knowledge. Q. Okay. Well, you called Mr. Chandler after he quit, after he resigned, and asked him to deliver the balance of the cases to the O'Boyle law Firm, and sent him an e-mail to that effect, didn't you? A. I think what I sent hum an e-mail and called him was, was for him to give us back the property he stole. Q. What prooertty did he steal? A. Well, during the period of time he had a =tract, and it said that any -- I'm going to call them °deals." Any deals between point A and point B were ours. And as we decided to do a little bit of research, we started finding out in various parts of the state where be was -- during all that time he wasn't giving us the deals, he was giving him the deals. we also came to -- Q. Who is the -us- that he wasn't giving the Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 144 1 Awareness Foundation, Inc? 1 2 A. I'm not sure I'm understanding. 2 3 Q. Did you or your entities ever put money into a 3 4 Citizen Awareness Foundation, Inc., bank account? 4 5 A. Okay. I don't know how the -- how the bank 5 6 accounts are set up, but the cxpaly absolutely had to 6 7 be funded. If it had to be funded 1, or one of my 7 8 entities, would have funded it. We wouldn't have gotten 8 9 pennies from heaven. 9 10 Q. So the entity was funded by you or one of your 10 11 entities, right? 11 12 A. I think so. 12 13 Q. And it's in the same -- does Mr. Chandler have 13 14 his offices in the same place as the O'Boyle Law Firm? 14 15 A. No. 15 16 Q. He didn't meet in the same building in the 16 17 same space as the O'Boyle law Firm? 17 16 A. No. le 19 Q. And did the Citizens Awareness Foundation, 19 20 Inc., agree to pay Mr. Chandler $120,000 a year? 20 21 A. You already asked me that. 21 22 Q. Where did he get that money? All from You, 22 23 correct? 23 24 A. You already asked me that, too. 24 25 Q. Did all 120,000 that was committed for his 25 Page I43 A. It's a company. Q. You caused it to be formed, didn't you? A. I don't know that I caused it to be formed. I don't think so. Q. Well, bin. Ring did at your direction, right? A. I'm not going to answer that. I'm not going to answer that. Q. And you discussed with Mr. Chandler that the Citizens Awareness Foundation was going to be an entity that was going to go arauld the state and make public records requests and generate lawsuits, right? A. No. Q. No? A. Wrong. Q. And did you offer to pay Mr. Chandler $120,000 a year to go around the state and file lawsuits? A. No. Q. Prepare lawsuits? A. No. Q. And did you -- was Mr. Chandler hired by Citizens Awareness Foundation the same day that it was formed? A. I have no idea. Q. And you agreed to pay Mister -- strike that. Did you ever fund any money to Citizens Page 145 salary cone from you or your companies? A. To the best of m0' knowledge it did, but 1 can't say for sure. 0. And has the Citizens Awareness Foundation filed lawsuits thrx#=t the state of Florida for public records violations? A. I mean, I'm assuming, yes. But I have no, personal knowledge. Q. Okay. Well, you called Mr. Chandler after he quit, after he resigned, and asked him to deliver the balance of the cases to the O'Boyle law Firm, and sent him an e-mail to that effect, didn't you? A. I think what I sent hum an e-mail and called him was, was for him to give us back the property he stole. Q. What prooertty did he steal? A. Well, during the period of time he had a =tract, and it said that any -- I'm going to call them °deals." Any deals between point A and point B were ours. And as we decided to do a little bit of research, we started finding out in various parts of the state where be was -- during all that time he wasn't giving us the deals, he was giving him the deals. we also came to -- Q. Who is the -us- that he wasn't giving the Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 146 1 deals to? 1 2 A. Pardon? 2 3 Q. You mean the lawsuits? 3 4 A. Yeah. He wasn't giving -- in other words, 4 5 whore he filed a lawsuit, he would keep it on his own, 5 6 and then what he would do, he would lave no lawyer. He 6 7 would file a lawsuit, and then he would go to Dan 7 8 DeSouza or some corporation and say, look, I just filed 8 9 a lawsuit against you. If you give me $1,500 we can 9 10 settle it fast and cheap. And that's all there is to 10 11 it. He also was filing as an indigent. He wasn't 11 12 paying his filing fees. I don't know if you're aware of 12 13 that. 13 14 Q. So he had an agreement to refer all violations 14 15 of open government laws in court -- encountered in the 15 16 course of his duties to legal counsel approved by 16 17 Citizens Awareness Foundation, right? 17 10 A. Can you read that again? 15 19 Q. Didn't Mr. Chandler have an agreement with you 19 20 to refer violations of open government laws encountered 20 21 in the course of his duties to legal counsel approved by 21 22 the Foundation? 22 23 W. DEEOD2A: Objection. You said you or with 23 24 the Citizens Awareness -- 24 25 25 Page 147 BY M. SWEEMPLE: Q. Citizens Awareness group and Hr. Chandler had that agreement, right? A. I had nothing to do with Citizens Awareness. Q. You have nothing to do with Citizens Awareness? A. Nothing. Q. You're funding it, right? You're the only one funding it. A. I'm allowed to make loans. Q. So you've loaned money to them; is that what you're saying? A. I'm allowed to make loans. Q. You have promissory notes with Citizens Awareness Foundation? A. I'm allowed to make loans. Q. Have you made loans to Citizens Awareness Foundation? A. To my knowledge, either I have, or entities that I control have. Nov, that's the fourth time you've asked me. If you like, I can write it down and I can hold it up each time. Q. Are there any promissory notes for these loans? Page 149 Inc., right? A. No. Q. There are a -nails where you go over all those details with him, correct? A. What are you saying? Q. Aren't there a -mails where you and Mr. Chandler and your son and Mr. Witmer discussed not only forming the O'Boyle law Finn for purposes of fretting public records requests to the law firm, but also all the terms of his employment? Strike that. I'll break it dam. Didn't you exciange a -mails with Mr. Chandler where you negotiated the terms of his employment? A. I don't think so. Q. And didn't you require from Mr. Chandler that all of the lawsuits that he was able to generate for Citizens Awareness Foundation would be fronted to your non's law firm? MR. DESOUM: Objection to form. M. TAYLOR: Objection. MR. SMITH: Objection. THE WITNESS: I don't think so. BY MR. SWMAPPLE: Q. Are you aware whether or rat there are a -mails between Mr. Chandler when he attempted to have W. Ring Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 148 1 A. Maybe. I don't know. 1 2 Q. Which entities made the loans? 2 3 A. I have no -- 3 4 Q. How much has been loaned? 4 5 MR. DESOH2A: Hold on. Hold on. Let him 5 6 finish the answer before you janga to the next one. 6 7 I can't make my objections like this. You 7 a guys are both... 8 9 BY MR. SWEETAPPLE: 9 10 Q. How much has been loaned, Mr. O'Boyle? 10 11 A. I don't know. 11 12 Q. And before, before the entity was formed, you 12 13 gave Mr. Chandler money so he could travel around the 13 14 state and go set up public records lawsuits, right? 14 15 A. I don't think so. 15 16 Q. And he had use of your personal credit card, 16 17 correct? 17 18 A. He needed -- he told me he needed a credit 18 19 cud, which in today's world you need a credit card to 19 20 get a hotel, a car, so forth. And we ordered an extra 20 21 credit card. And they put that extra credit card, I 21 22 think, in my name. But I'm not -- whether it was my 22 23 new or not, it was my credit card. 23 24 Q. But you negotiated with Mr. Chandler the terns 24 25 of his employment with Citizens Awareness Foundation, 25 Page 147 BY M. SWEEMPLE: Q. Citizens Awareness group and Hr. Chandler had that agreement, right? A. I had nothing to do with Citizens Awareness. Q. You have nothing to do with Citizens Awareness? A. Nothing. Q. You're funding it, right? You're the only one funding it. A. I'm allowed to make loans. Q. So you've loaned money to them; is that what you're saying? A. I'm allowed to make loans. Q. You have promissory notes with Citizens Awareness Foundation? A. I'm allowed to make loans. Q. Have you made loans to Citizens Awareness Foundation? A. To my knowledge, either I have, or entities that I control have. Nov, that's the fourth time you've asked me. If you like, I can write it down and I can hold it up each time. Q. Are there any promissory notes for these loans? Page 149 Inc., right? A. No. Q. There are a -nails where you go over all those details with him, correct? A. What are you saying? Q. Aren't there a -mails where you and Mr. Chandler and your son and Mr. Witmer discussed not only forming the O'Boyle law Finn for purposes of fretting public records requests to the law firm, but also all the terms of his employment? Strike that. I'll break it dam. Didn't you exciange a -mails with Mr. Chandler where you negotiated the terms of his employment? A. I don't think so. Q. And didn't you require from Mr. Chandler that all of the lawsuits that he was able to generate for Citizens Awareness Foundation would be fronted to your non's law firm? MR. DESOUM: Objection to form. M. TAYLOR: Objection. MR. SMITH: Objection. THE WITNESS: I don't think so. BY MR. SWMAPPLE: Q. Are you aware whether or rat there are a -mails between Mr. Chandler when he attempted to have W. Ring Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 7 e 9 10 11 12 13 14 15 16 17 is 19 20 11 22 23 24 25 Page 150 allow lawsuits to be filed to others, by other law firms, and it was instructed by M. De Larmartini and PIT. Ring that all law films that were filed by the ^Citizens Awareness Foundation" had to be filed by the O'Boyle Law Firm? M. TAYLOR: Objection. Porm. R. DESOUZA: objection. form. THE WITNESS: I don't uEderstand your question. BY MR. SWEEWPLE: Q. Were you aware -- MR. DESODZA: Bob, if you can refor3mLlate it, we would like to take a quid; bathrotm break. MR. SWERIAPPLE: let's take a break, MR. DESOMA: You can reform the question. MR. SWEETAPPLE! W ahead. Take a break. THE VIDP.OGRAVrIM: The time is 2:24. We're going off the record. (At 2:15 p.m. a brief a recess was taken.) (End of Voltime I) Page 152 CERTIFICATE 'ME STATE OF FLORIDA) COUNTY OF PAW. BEACH) I, Debra Duran - Bornstein, Registered Professional Reporter end Notary Public in and for the State of Florida at large, do hereby certify that I was autborlred to and did report sold deposition in stenotype; and that the foregoing pages are a true and correct transcription of my shorthand notes of said deposition. I further certify that said depoaiti on wee taken at the time and place hereinabove set forth and that the taking of said deposition was commented and completed as hereimbova at out. I further certify that I am not attorney or counsel of any of the Parties, nor an 1 e relative or employee of any attorney or caw -.eel of party connected with the action, nor an I financially Interested in the action. The foregoing certification of this transcript does not apply to any reproduction of the same by any means unless under the direct control and /or direction of the certifying reporter. Dated this 29th day of September, 2014. Debra Duran- HOrnntein, RPR, CLR Notary Public - State of Floride My Commission Expires: 8 /20/15 My Commission No.: EE 111218 1 Page 151 2 THE STATE OF FLORIDA1 3 COUNTY OF PALM REACH) 4 5 1, the undersigned authority, certify that the 6 aforementioned wit.... personally appeared before mn end 7 was duly sworn. a 9 Dated this 29th day of September, 2014. 10 11 12 �p p 13 J� 14 Debra Duran - Bornstein, RPR, CIA is Notary Public - State of Florida My Commieaian aspires: 6110/15 is My Cmmission NO., EE 11221a 11 19 19 20 21 22 23 24 25 1 September 30, 2014 Page 153 2 HIM TAYLOR, Es WIRE THE O'BOyLE LAW FISH, P.C., INC. 3 1286 West Newport Center Drive Deerfield Beach, Florid. 33442 In Re: Martin O'Boyle Vs. Tor.: of Gulf Stream 5 Deposition of: Martin O'Boyle 5 The referenced transcript has been completed and await. reading and signing. 7 please have your client review your copy of the transcript at your convenience or if a copy was not S ordered, to call our office at the below - listed number to schedule an epp.Imt..ht between the hours of 9:00 9 and 3:30 p. m., Monday through Friday to make an appointment to come to our office and reed the 10 deposition. If dc.ie.d, your client may also opt to Waive signature. If so, please have your client sign 11 their name at the bottom and mall to our office to be attached to the original transcript. 11 If the transcript le not review.d and signed within 30 day., the original, which ban already been 33 sent to the ordering attorney, may b, filed with the Clerk of the Court. 14 Very truly yours, IS 26 Debra Duren 6 Associates 224 nature Street, Suite 402 17 Meat Palm Beach, Florida 33401 PH: $61) 313 -9000 16 I hereby waive my signature: 19 20 21 MARTIN E. O'BOYLE 22 cc: All Couuel 23 24 25 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 154 1 C E R T I F I C A T E 2 . . - 3 THE STATE of FLORIDA) 4 COUNTY OF PALM BEACH) 5 I hereby certify that I have read the 6 foregoing deposition by me given, and that the 7 statements contained herein are Lrub and correct to the B beat of my knowledge and belief, with the exceptl on of 9 Any corrections or notations made on the errata sheet, 10 if one was executed. 11 11 Oared this day of 13 2014. 14 15 16 17 1B 19 MARTIN E. O'BOYLE 20 21 22 23 24 25 Page 155 1 E R R A T A S H E E T 2 IN RE: O'BOYLE V TCNH OF GDLF STREAM C.R. OD 3 DEPOSITION OF: MARTIN E. O'BOYLE 4 TAKEN: 9 -15 -2014 5 DO NOT WRITE ON TRANSCRIPT - ENTER CHANGES HERE 6 PAGE R LINE P CHANCE REASON T B 9 10 11 12 13 14 15 16 Please forward the original signed errata shear to this Office An that copier may be distributed to all Parties. 17 Under penalty of perjury, I declare that I have reed my 26 deposition and that it is true and correct subject to any cbangea St farm or aubetanca entered here. 19 10 DATE: 21 22 SIGNATURE OF DEPONENT:_ 23 24 25 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 $1,500 146:9 $120,000 140:24 143:15 144:20 $300,000 108:23 109:3 t (1) 35:25 (2) 36:1 (3) 36:2 (a) 51:25 91:17 (b) 52:191:18 (c) 91:21 0 0801793JK0 36:6 I 1 22:12,13 24:17 1,000 121:21 1,300 118:1,8 121:11 100 31:18128:22 137:17 138:6,10 10:00 23:24 128:11, 14 11 83:17 1147 21:16 1171 21:16 119 50:17 11:01 57:7,9 11:20 57:11 11th 11:2012:1,2,4, 6 12 65:15 128:14,22 129:5 120,000 144:25 128 78:4 1280 6:2431:11 58:8 1286 58:16 12:00 93:12,14 12th 11:21,24 12:8, 11,13 121:12 13 49:2,1352:24 53:182:24 121:12 1405 5:14 15th 5:9 17 68:18 19 123:24 1:00 93:7,9 1:17 93:15 Wit 33:23,2434:3,8 93:7,10 q 2 43:18,23 50:18 53:5 81:17,18,20 82:4,8,10 83:3,5,7 20 78:1 135:25 2004 135:9,12 2006 25:23 2008 109:7 2009 101:20 2010 33:23,25 2011 117:23 2012 121:12,20 123:25 2013 57:20 68:18 69:10,23 70:6,11 2014 5:9 22:24 49:2, 13 52:24 53:159:12 60:23 82:24 134:25 135:14 140:15 206 112:10 224 5:13 25 137:4139:24 25th 100:11 26 33:23,24 26th 35:6 28 34:11 28th 100:10 2:05 129:15 2:07 131:14 2:24 150:17 2:25 150:19 2nd 25:23 3 3 68;8,16,2169:8 109:7 30 -day 123:16 33401 5:14 34 127:24 142:12 3:00 126:25 3rd 60:22,2361:19 2 4 72:15,16 73:6 75:3 134:25 40 95:18,21 400 111:21 45 82:5 454 123:15124:2 455 34:1135:6 455(b) 36:2 4th 60:23 61:19,20 88:4,24 5 5 100:2,6 101:15 57.105 133:14 5th 60:23 61:20 6 6 142:19 6/13/14 43:1744:5 48:2179:17 80:24 6/1312014 49:8 81:12 68 12:5 7 705 95:8,9,1096:1 8 80s 96:4 874 123:14,23 9 9:30 129:16 9:50 5:10 A a.m. 5:10 57:7,9,11 ability 14:19 28:15 absolute 55:23 absolutely 88:10 144:6 abuse 126:16127:9 accept 123:10 access 112:16 accommodate 14:22 accompanied 74:24 accomplish 121:14, 18 account 144:4 accounts 144:6 accusations 108:17 accusing 70:19,20 acknowledge 48:12,24 acknowledgment 35:14 actions 24:8 97 :19 actively 139:15 activities 7:15 141:22 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: $1,500 -ahead actors 116:13,24 actual 21:23 addition 11:1617:2 additional 94:5 98:23 address 6:23 adequately 35:11 administering 138:3 administration 139:15 140:2 admissible 60:5 90:1191:15 admission 108:20 admitted 90:22 91:16 admonitions 20:25 adversary 36:5 advice 10:15103:21 affairs 34:18 affidavit 22:10 25:2,13,14 43:21 affiliated 32:3,5 118:7 affirm 6:18 affirmed 6:15 afield 63:22 afraid 37:21 afternoon 127:3 aggressively 53:23 agree 29:18 66:24 79:20 123:18 140:23 144:20 agreed 91:19 143:24 agreement 62:6,9, 12,13,16,25 63:5 66:2167:13 89:11, 15,16,18,19,20 90:8 146:14,19 147:3 agreements 63:10 79:11 ahead 10:1628:25 51:15 81:6 85:11, 12,13,150:16 Air 13:3 airport 115:18,19 akin 132:25 Alfano 106:4,10,22, 24 allegation 101:7,10 allegations 40:8 100:14 129:18 allege 99:9,19127:8 132:21 alleged 39:6,12 40:21,22 47:4 59:23 99:12 100:14 142:24 allegedly 94:15 127:1 alleges 40:14,15,25 141:21 alleging 55:22 100:24 allies 107:4 allowed 102:13 147:10,13,16 filler 65:17 66:3 Alzheimer's 108:2 109:1 amend 128:24 amending 60:6 129:2 amendment 102:14 126:21 amount 119:22,23 and /or 94:3 announce 5:18 answering 12:17 42:11 45:21 73:1 answers 120:7 142:17 anted 108:23 anticipated 13:15 anymore 38:17 87:24 apologies 92:22 apologize 48:18 84:8,10 85:25 86:5 110:23 appalling 35:19 apparently 72:22 73:4 129:7 appeal 36:24 37:6 38:25 47:6 73:11 75:6,12 80:13 119:3,4 120:12 Appeals 45:17 72:1173:9 appearance 84:6 appearances 5:18 appeared 26:13 70:11,18 appearing 6:3 appellate 73:7 75:13,14 107:23 109:25 110:3 119:15 appoint 136:14,19 appointments 136:21 approval 108:9 approved 146:16, 21 approximately 5:10 16:17 21:11 57:10 architect 133:24 area 49:15 92:12 argue 34:20 35:22 argued 35:8 37:1 argument 34:12 35:13 39:14 Argumentative 139:18 arguments 26:5 arise 24:6,7 Aron 121:10122:5, 17 Aronberg 114:10 117:5,7,11,14,17 118:2,8,14,21 119:13 123:16 Arenberg's 117:2 119:7 124:3 arrangement 67:16 arrangements 75:19 arrested 114:24 article 100:5,6 108:14 121:9,17 123,20 articles 107:10 121:16 articulate 96:25 asleep 74:17 asserting 36:23 59:25 assertions 57:14 asserts 36:22 assessment 34:15 assist 130:7 assisting 140:2 Associates 19:16 20:2,16 25:18,21 72:9,14 assume 13:2531:8 Assumes 139:18 assuming 53:2 145:7 astonishment 34:17 attacking 54:16 125:6 attempt 100:21 attempted 149:25 attempting 21:2 46:25 attend 137:13 attended 49:12 attention 129:21 attorney 40:14 42:19,20 47:1,8 56:22 68:19 69:1, 10,17,20,22,25 103:21 118:2,3,14, 16,18 133:23 134:3, 25 attorney's 51:17 attorney - client 42:10 attorneys 5:1713:9 38:25 43:7 64:24 72:6,7 121:23 122:1 123:4 124:11 130:10,16 133:6 142:8 attorneys' 40:18 41:7 62:3 64:9 123:8 137:19 August 33:23,24 35:6 authorized 69:15 Avenue 100:11 Avery 52:4,18,19 awarded 133:13 aware 10:1925:24 36:11,24 39:15,18, 22,24 40:6 57:18,19, 23 58:1,4, 71:7,20, 22 80:19 102:2 104:7,11, 106:18 107:10 116:22 123:23 124:2 133:13 138:8,9 139:14,23 140:9 141:2,8,16,19,21 142:1,2,3,5,14 146:12 149:24 150:11 Awareness 65:17 128:16 136:12,20 138:19 140:1,16 142:5,24,25 143:9, 21 144:1,4,19 145:4 146:17,24 147:2,4,6, 15,17 148:25 149:17 150:4 B B- s- t-i -c -a 112:2 back 13:5,1814:25 25:4 48:3,17 49:16 57:1165:10 74:21 75:16 85:20 86:1,5, 7,17 88:192:11,20 93:10,16,18 98:19 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: Air - behalf 108:16 110:19 120:1,6,7,8,21 145:14 background 93:19 bad 31:12 bag 102:21 103:11 balance 145:11 bank 21:17 25:19, 20 144:4,5 bankruptcy 34:20 142:2 banner 113:15 124:17,19,20,23 125:2 banners 1022,4 103:10,15 104:5,9, 19,22 105:1,6,13,23 106:1,6,9,11,12,13, 18,21 112:4,11 113:6,11,22 114:4,5, 8,22 115:3,5,9,11, 12,14 116:2,6,10 125:5 130:8 bar 131:3136:6,9 Barbara 36:5 Barnett 35:9 based 10:1849:3 51:21,24 84:16 basis 34:2235:15 51:6 66:25 67:4 88:19 bathroom 150:13 Batics 111:25 battle 96:6 108:15 BE300 11120 beach 5:14 6:25 13:4 45:19 46:2,5,6 82:20 108:18 113:7 114:1 115:6 121:24 beachfront 100:8 bear 24:12 bearing 22:23 beginning 25:2 58:9 behalf 5:226:4,7 18:2140:24 55:20 56:13,2169:16 belief 84:16 believes 92:5 belongs 30:7 bench 34:13 Benton 45:5,17 47:1,5,12,14 Benton's 49:1,12 betrayed 35:6 Beware 124:14,16, 19,21 bill 50:2151:19,23 52:1,10 billed 66:16,22 billings 66:10,13 bills 51:4,752:3,13, 17,19 64:1,7 66:17 bit 43:1,744:14,21 46:9 138:25 145:20 bless 129:24 blimp 111:12 113:4 121:10 122:5,12,13, 14,15,16,17,18,22 blimps 103:3,19 104:3,10 110:8,12 112:14 113:1 Blount 20:4,621:18 board 101:17,19 Bob 22:1823:19,24 24:15 31:3 37:11,20 38:5,7 41:13 43:20 56:17 57:4 59:16 62:18 64:22 69:3 72:24 73:20 74:2 79:20 92:24 102:11 121:13 123:19 126:10 128:1 132:5 141:13 142:10,15 150:12 body 102:20 bogus 25:3128:16 bona 40:15,16,17 41:5 59:22 bordering 31:1 boring 74:16 borough 94:21,23 95:13 96:7 97:10, 14,21,24 99:13,20, 24 100:9,11,15 101:17 103:5 104:7, 16 107:19 110:4 borough's 108:22 bottles 16:10 box 13:5 27:8 74:9 Boy 109:18121:10 122:5,17 break 7:18 14:21 57:6 63:24 92:14 93:3,5 142:15 149:11 150:13,14,16 bring 13:7,9,12 49:15 70:25 94:6,7 120:19,24 bringing 64:19 129:2 brought 16:717:2, 20,23 18:20 40:19 73:15 115:8 121:1 Broward 113:7 Bruce 118:3123:15, 24 building 7:1,3,4 31:13,14,16,21,23 32:1,25 42:3 58:9, 13,17,19,2159:1,4,7 76:6,13,25 77:3,5, 10,17,24 78:4,8,18, 19 144:16 business 6:22 108:20 calculated 60:4 91:15 call 7:3 53:24 56:8 86:6 87:3 92:11 93:6 96:8 107:1 115:20,21 125:22, 23,24 126:1,7 145:18 called 15:7 17:15 21:8 54:16, 68:17 88:25 103:11 115:22,24 126:6,8 128:16 130:14 145:9,13 calling 130:8 calls 27:10 camera 52:15 campaign 101:7 Campbell 15:7,24 capable 12:17 capacity 8:1815:5, 19 18:17,21,23 car 148:20 Caravan 111:21 112:3 card 148:16,19,21, 23 care 14:1139:5,7 85:10 92:7 carried 100:10 carry 108:5 case 10:1715:2,7,24 16:5,11,13,15,21,22, 25 17:2,11,14,23 18:1,3 19:9,13,14, 15,18,19,20,23 20:1, 3 21:9,14,18 22:11, 2123:12 24:3,4,6,8 25:17 28:2129:3, 12,13,14,17 33:20 34:1,11,24 35:3,11, 25 36:7,12,15,25 39:9 40:3,4,6 41:1 45:16,18 47:2,11 48:12,24 55:6 56:20 59:17 60:14,17,20, 25 61:6,9 62:1,19, 21,24 63:16 64:3,5, 13,18,25 65:12,13 66:12,16,22 67:1,4,9 68:4,6,11,17 70:5,19 71:13,19,25 72:12 73:9,13,2175:9,24 80:13 82:20 87:6,7, 8, 91:16 93:24 96:12 100:24 101:3, 110:6 118:3 126:10, 18,22 1273,5,17 128:21,23,25 129:2, 24 132:13 133:19 134:9111,12 139:7 cases 15:13,221 17:9, 13,18,20 18:7 19:6 28:16 34:25 40:19 59:25 63:18 64:25 109:24 128:14,22 129:4 134:11,12,16, 19,25 137:17 145:11 catch 106:20 131:10 Catherine 21:15,24 caused 103:3113:6, 10,15,22 122:9 143:2,3 caution 90:1 Center 6:24 31:11 58:8,16 78:5 Certify 49:14 Cesna 111:20,21 chance 23:10,13 74:25 75:2 Chandler 136:19 137:16 138:10 139:9 140:15,23 141:3,16 142:6 143:8,15,20 144:13, 20 145:9 146:19 147:2 148:13,24 149:7,12,15,25 Chandler's 138:5 change 35:16 108:22 135:8 Chapter 50:17 characterizing 66:3 charge 107:13 cheap 146;10 chief 37:2 Childish 102:19 children 127:15 chosen 34:18 chronological 15:3 Circuit 72:11 73:8 82:20 Citizen 144:4 Citizens 65:17 128:16 136:12,20 138:19 140:1,16 142:5,24,25 143:9, Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: belief - comment 21,25 144:19 145:4 146:17,24 147:2,4,5, 14,17 148:25 149:17 150:4 city 9:22 10:1,2 43:16 79:19 80:23 94:19,20 100:14 civil 132:14 claim 129:10,15,17 claims 24:7 26:1 64:13,18 94:7,8 129:2,9 133:1 classic 127:8 clear 26:12 90:15 clerk 97:20 client 29:18 47:14 72:2182:12 90:3 91:19 127:13 128:14 client's 41:16,17 66:2 73:3 126:16 129:5 clients 90:4 closer 29:9 closing 41:13 closings 66:4 clueless 73:23 coaching 38:12 Coast 121:24 coincidence 42:16, 19 college 55:18 Collingswood 12:3 color 98:7 Colton 118:3 123:15,24 Colton's 118:6,14, 21 combined 34:21 commenced 94:14 commencement 10:16 comment 74:3 79:22 131:19 132:1 comments 53:9 103:2 131:16 Commerce 21:15, 138:16 139:25 commission 48:17 49:2,7 committed 56:3,4,6 142:2 144:25 committee 107:22 committing 68:13 communicate 9:15, 18 46:25 communication 42:10 communications 32:17 91:19 compact 110:1 companies 9:5 31:25 110:8 120:10 136:2,4 137:3,8 145:1 company 118:7,12 122:9 143:1 144:6 compensated 8:15, 24 compensation 7:15 8:12 9:3 complain 38:11 complaint 29:11,13 61:11,12,18,21 109:12 117:10,19 complaints 108:16 109:10,14,16,19 concerned 67:23 concerns 101:7 conclude 13:22 conclusion 130:22 conduct 26:2 71:13 97:20 126:16 127:8, 19 conducted 33:22 139:6 conference 39:16 134:7,8 conferring 47:8 92:23 103:20 110:17 confidential 89:11, 14,16,19,22 90:8,16 91:3,4 92:5 confirming 138:5 Congress 36:2 conjunction 103:16 117:25 connection 60:22 97:25 considered 54:20 consistently 34:12 47:15 80:6 82:16,18 construction 98:1 contacted 67:24 141:19 contempt 22:6 28:22 33:5 71:17,24 72:23 contentions 71:9 continue 73:25 74:5 132:8 continued 131:15 continuing 127:11 contract 145:18 control 105:10 121:1 147:20 conversation 38:10 52:7 conversations 37:12 45:22 46:12 52:9,12 105:19,22 convicted 115:1,2 116:8 117:22 conviction 120:13 Cooper 72:5 copies 43:2168:23 73:2 79:7 copy 33:25 53:5 68:24 72:10,19,20 73:7 Core 25:18,21 corporation 146:8 correct 9:512:9,15 42:2144:7 61:23 62:165:14 67:13 72:6 76:25 77:12 79:19 80:14 84:1 85:23 94:16 96:18 99:3 101:11,17 107:23,24 109:25 110:4 118:3 132:15 144:23 148:17 149:4 corrected 81:6 84:1,3 85:23 correctly 48:18 correspondence 32:15 cost 26:6 council 44:4 46:2 47:1 49:12 51:15 81:14,23 82:24 88:1 counsel 6:3 22:17 23:22 24:12 34:8 35:7,10 37:12,15 38:16 39:9 40:25 41:16 46:12 66:2 69:5 74:22 92:23 103:20 126:17 134 :16,19 146:16,21 counterclaims 24:6 64:17 county 20:4,621:18 42:3 45:19 46:3,5,6 82:20 113:7 114:1 115:6 couple 28:9 court 15:17,1820:3, 4,5,8,11,17 25:24,25 27:5,16 28:22 45:17 47:6 48:13,25 49:15 68:17 72:7,11 73:8 75:7,10,13,14 80:11, 12,14 82:2190:20 91:22 97:19 110:3,6 119:25 146:15 courteous 74:22 courthouse 43:1,7 44:13,2045:11,12, 20 46:1,3,5,7,8 47:2, 12 114:2 115:6 courtroom 34:17 courts 39:2180:8 88:21 credence 132:4 credit 148:16,18,19, 21,23 credits 64:7 crime 55:23,25 56:1,3,4,6,7,10,12 57:16 68:13 criminal 94:8 108:16 109:10,12, 14,16,19 130:7 141:22 critical 102:18 106:13,19,22 107:1 criticisms 74:7 crook 141:18 cross - examination 92:9 Crow 133:1 Culver 5:24 D Dade 113:7 Daily 40:3,5 Dale 22:11 Dan 5:22 146:7 dale 53:2 81:15 dated 25:2268:19 dates 34:6,7 Datum 5:13 daughter 114:19,21 116:8 118:22 119:14 120:11,24 130:7 daughter's 118:9 132:13,23 Dave 123:15124:2 day 5:9 53:8 143:21 Dc 9:1178:5 116:13, 17,23 136:22,25 137:3 138:2,9,16 139:14,24 150:2 dealings 63:19 75:16 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: comments- denied deals 90:10 145:19, 23 146:1 dealt 71:2 debits 64:7 Debra 5:3 decade 34:19 decide 88:18 decided 116:2 145:20 decision 47:4 51:17 71:7 73:8 91:24 1163,5 decisions 71:19 deemed 51:16 Deerfield 6:24 defamation 17:24 86:19,22,24 87:1,10, 20 defamatory 79:16, 21 80:1 87:23 defame 130:20 defend 53:22 defendant 16:3 19:6,12 36:4 defendant's 22:12, 13 43:23 68:8 72:16 100:2 142:19 defendants 26:3,7 34:18 71:11 defends 53:21 defense 5921 defenses 24:5 59:24 60:2 definition 56:11 delaying 49:16 deliver 30:2145:10 demand 138:10 demanded 141:3 demands 29:18 demorked 77:6 demonstrate 89:23 denied 34:13 36:6 37:7 Denise 116:23 deny 104:25 depend 107:1 depends 58:1967:1 deposed 11:1 15:2 16:17 61:10 101:7 129:6,7 deposition 5:3,11, 13 6:9 10:8,16 12:21 13:10,12 14:9,21 15:16 18:3, 4,8 23:5,7 46:17,22 60:10 61:13 72:15 74:11,24 85:16 90:12 91:1 93:21 103:22 121:13 131:16,21,23 132:7 depositions 11:15 14:25 74:12 derogatory 102:10, 103:12 Describe 98:3 describing 125:12 deserved 87:2,3 desired 45:4 Desouza 5:226:10 9:6 17:3 22:18 23:10,19,23 24:15, 20 25:4,7 27:9 28:23 30:2131:1 32:19 33:7,15 36:16 37:S,11,16,2038:5, 7,9,18,22 39:241:12 42:4,8,22 43:3,9,20 44:22 45:2146:11, 18 47:7 48:2 49:4, 18 54:13 55:11,14 56:16 57:4 62:18,22 63:2,14 64:20 65:24 66:3 68:4,23 69:3,6 72:1814 73:20,25 74:18 75:20 76:14 78:12,20,22 79:20 80:16 84:20,22,25 85:5,10 89:4,7 90:2, 1414 91:9,12,25 92:3,14,1812,24 93:5, 94:9 100:18 101:3,13 102:6,11, 24 103:6,24 104:12 105:14 107:6 110:15 112:18 116.25 117:4,15 119:16121:8,13 123:9,18 125:15 126:2,9,13,18 127:22 128:1,4,6,9, 19,21,25 129:13,21 130:3,21 131:13,18, 24 132:5,8,11 133:3, 19 134:22 135:1,12 138:13,25 139:11,19 140:6,21 141:12,23 142:9,14 146:8323 148:5 149:19 150:7, 12,15 detailing 34:14 details 149:4 detective 100:20 determinations 88:22 determine 90:20 determined 71.•23 difficult 87:8,9 difficulty 71:16,17 digest 35:12 diligence 35:19 Dilorenzo 109:20 DIRECT 6:17 directed 116:11 direction 143:5 directly 8:224:9 111:18 112:16 113:3 director 136:23 directors 136:20 disc 110:1 discovery 23:22,23 24:5 41:7 60:4,5,8 90:18 91:15 129:4 discuss 103:25 134:13 discussed 40:3 89:21,24 90:5,17 131:22 143:8 149:7 discussing 89:17 discussion 27:12 90:5 91:18 discussions 68:2 91:2112,23 105:12 131:22 136:18 disgrace 88:17 disgraceful 88:8 dismiss 129:19 dismissed 29:22 87:6 107:16 dispute 96:5 103:4 104:15,20 107:10,14 disqualify 55:6,9, 21 88:6 134:14 disqualifying 35:1 disseminated 11:24 Distributing 33:20 district 37:34547, 19 47:5 75:7,10 division 109:25 divorce 29:12,13 doctor's 14:11 doctor /patient 14:14 document 22:17 24:24 25:10,20 44:3 45:2 69:15,24 74:21 82:11 120:16 122:7 124:9 documents 28:5,16 80:2197:23 119:6,9 door 77:8,11 douche 102:21 103:11 Doug 7:22 dozens 64:25 drag 29:17 dresses 98:5,7,8,18 Drive 6:24 31:11 58:9,16 78:5 driver's 95:4 dropped 11:23 DUI 114:19,21 116:8 117:22 120:12 132:23 duly 6:15 Dump 124:25 Duran- bornstein 5:4 duties 146:16,21 duty 35:1,2 E e -mail 9:16,18 138:4,5 145:12,13 c -mails 138:2 149:3,6,12,24 earlier 93:21 114:25 early 109:6 can 22:25 29:2 easy 108:115 Ecker 72:5 Eduardo II1:25 educate 23:3 129:23 educated 24:13 educational 1 1:19 effect 97:20 145:12 egos 65:17 66:4 Elizabeth 81:12 82:21 Elmer 125:1 embarrassment 88:11 embroiled 708:19 emotionally 132:21 employ 105:8 employed 7:5,6,14 employee 8:1 135:9,18,19 employees 65:23 99:13 100:15 102:3 104:6 employing 62:6 employment 34:21 67:3,9,15 75:18 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: Denise - erroneously 148:25 149:10,13 empty 16:9 encompasses 86:11 encountered 146:15,20 end 56:17108:11 150:20 endeavor 14:7 ended 101:20 enemies 122:2 enemy 87:5121:6, 23 engage 67:22,24 engaged 57:15 engaging 64:21 67:20 68:3 127:7 English 55:17,19 enter 34:14 entered 27:17 33:13 39:23 46:17 71:8 entire 139:7 entities 7:8 8:20,22 9:13 31:16,19 32:3, 5,25 63:1165:1,18, 21 77:9 88:21 105:10 110:11 112,22 144:3,8,11 147:19 148:2 entitled 41:6 60:3 65:5 90:17 91:1,6 entitlement 40:18 entity 8:4,21,25 18:2120:20 31:14 32:8,1176:5,18 77:19 79:1 111:9 122:4 128:16 143:9 144:10 148:12 equity 36:1 equivalent 33:12 equivocating 86:15 erred 45:947:18 48:15 125:7 erroneous 44:11,16 erroneously 43:13, 14 48:18 84:10,12, 13 error 45:6 81:5,8 83:25 85:17,18,19 escalate 100:13 esponte 35:139:18 Esq 68:19 Esquire 29:4 estate 77:20 et al 21:1772:14 ethics 94:8 107:13, 18,22 117:10,19 evidence 60:5 88:18 90:23 91:16 exact 50:25 51:2 52:21 132:24 EXAMINATION 6:17 examined 6:15 exception 50:23 exchange 149:12 excuse 26:19 38:9 59:16 63:2164:11 89:8 128:9 exhibit 22:12,13 24:17 43:18,23 50:18 53:5 68:8,16, 21 69:8 72:15,16 73:6 75:3 81:17,18, 20 82:4,8,10 83:3,5, 7 92:20 100:2,6 101:15 102:11 142:19,23 expanded 120:24 expecting 73:2 expects 137:17 expedited 33:22 expedition 34:23 64:22 explain 22:22 23:13 66:9 96:21,23,24 extent 64:15 91:21 extra 111:21 112:2 148:20,21 extraneous 53:23 F face 34:24 35:13 faced 35:3 facetious 74:8 131:16 fact 20:1145:10 80:19,20 109:3 121:4 factor 35:2 facts 10:19,2211:5 36:1139:5 40:4 60:20 85:19 88:12, 23 131:4,7 139:18 factually 71:9 failed 48:12,23 fair 13:24 14:4,23 91:25 92:3 fairly 44:3 faith 35:15 51:25 falling 117:13 familiar 34:186:22 122:4 family 107:3109:20 farting 102:20 farts 127:15 fast 146:10 faulty 30:12 favor 92:4 110:3 favorite 125:11 February 59:11 121:12 federal 20:5,8,11,16 35:23 40:6 71:1,3,6 72:7 73:8 75:6,10, 13 feel 12:25 14:10 24:173:16 90:4,25 feeling 14:20 feelings 126:9,13 127:12 feels 90:3 fees 40:18 41:7 59:23 61:22 62:3 64:9 133:13 137:19 146:12 fell 25:7 fianc6 39:10 fide 40:15,16,17 41:5 59:22 fiery 35:13 right 97:4108:19 figure 62:22 file 38:3 56:22 69:15 97:2 107:4,12 109:14,16,19 117:10 120:19 123:6 140:24 143:16 146:7 filed 16:521:8 22:10,24 26:23 27:1,18 28:2129:12 34:23 36:4 37:1,6 41:20 55:5,9,20 56:1 64:25 65:14 80:9,13 98:6,10 89:2 101:22 107:18 108:17 109:10,12 117:19 119:7,8 120:16,22 123:21,23 124:2 126:22 129:5 132:14 133:19 142:23 146:5,8 150:1,3,4 files 77:16 filing 34:20 55:7 56:4 78:3 81:13, 82:22 123:14 130:8 137:17 146:11,12 filming 10:1 financial 26:3 63:12,75:19 find 27:21,22,23 28:5 35:2142:18 65:5 90:10 129:9,10 finding 28:2271:17 145:21 finds 25:25 74:15 finish 12:2,4 13:25 14:2,7 38:13 48:2 84:22 85:5,11 148:6 finished 12:1 firm 6:120:11,16 35:24 36:140:16, 17,21,22 41:5,6,10, 2155:6,9,21,22 57:15,19,24 58:2,8 59:6,14,19,22,23 60:13,14 61:22 62:1,7,14,17,25 63:6,9,10,13,20 64:2,6,10,12,20 65:3,4,6,7,12 66:11, 14,22 67:9,16,20,22, 24 68:3 70:24 75:6, 17,19,23 76:12,20 77:2,11,14,2179:1, 4,9,12 88:6,14,15 133:23 134:14 135:10,15 137:11, 13,20 138:3,10,11, 22 139:3,7,8,16 140:3,17 141:4,9 144:14,17 145:11 149:8,9,18 150:5 Firm's 141:20 firms 150:2,3 fishing 34:22 64:21 fits 13:13 fleshing 88:23 flew 102:2103:10 114:22 115:3 flex 7:3,4 floor 94:16 Florida 5:5,146:25 37:3 57:16,20,25 58:3 69:10,23 88:15 112:13,14,17,23 113:11 136:6,8 145:5 flown 102:4103:3, 15,19 104:3,5,9,10, 106:19,21 112:23 113:6,11,16,23 127:1 flunked 55:16 flush 90:6 fly 103:14 105:23 106:11,12 112:9 115:5,12,14 116:10 125:5 flying 105:1,6,13 106:1,9 108:16 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: error -fraud 116:6 126:19 130:8 focusing 70:23 fodder IOR:IB follow 36:14 57:17 93:19 follow -up 89:12 forcefully 35:7 forever 21:10 forget 108:2109:1 form 9:6 17:3 28:23 33:7 36:16 43:3,9 49:4 55:14 56:24 63:14 75:20 78:12 94:9 100:18 102:6, 24 103:6,7 104:12 107:6 112:18 116:25 117:4,15 123:9 125:14 126:2 133:3 137:22 138:12 139:10,17 140:5,11,20 141:5, 23 142:10 149:19 150:6,7 formal 34:14 formed 58:259:11 65:1,21 122:10,20, 22 140:18 143:2,3, 22 148:12 forming 140:16 149:8 forward 60:11 90:13 128:3 forwarded 137:19 Foster 6:8 found 27:2428:1,2, 3 42:16 47:1,15 48:11 Foundation 65:18 128:17 136:12, 138:20 140:1,16 142:6,24,25 143:9, 21 144:1,4,19 145:4 146:17,22 147:15,18 148:25 149:17 150:4 fourth 82:10147:21 Frank 106:4,10 fraud 142:2 fraudulent 141:22 Fredrick 37:2 free 76:1 freshman 55:18 Friday 100:9 friend 108:1,6,25 front 11:1831:10 40:2 72:3 82:12 140:17 fronted 149:17 fronting 149:9 Fudd 125:1 full 23:21,23 fully 85:23 fun 108:11 functions 102:20 fund 143:25 funded 65:2,19 144:7,8,10 funding 65:22 147:8,9 G gain 120:23 Gandal 72:4 gave 87:20148:13 general 72:13 generally 39:7 82:14 122:3 generate 142:17 143:11 149:16 generic 56:7 gentleman 7:20 15:10 127:7,17 gentlemen 106:19, 22 girls 16:10 give 14:8,15 16:20 20:25 26:22 92:13 108:1,24 142:15 145:14 146:9 giving 23:10,13 53:17,19 61:5 73:18 76:1 85:15 145:22, 23,25 146:4 glass 35:14,15 global 119:22,23 goal 71:10 God 129:24 good 14:1028:19 35:15 51:25 67:11 73:20 108:18 government 146:15,20 governments 128:18 grade 11:20,21,24 12:1,2,4,6,8,11,13 102:22 Graphieworks 5:16 grew 98:2,23 grievance 107:12 ground 94:16 grounds 96:20 group 138:17 139:25 147:2 grow 98:3 grudges 108:3,5 109:2 Guberman 72:5 guess 7:611:7,9 53:23 96:4 97:11 106:25 135:5 guessing 19:197:12 guidelines 36:2 Gulf 5:12 6:7 10:3 11:25 30:3,6 32:9, 2143:17 52:24 56:14,18,2160:19, 24 68:11,16,17 69:16, 81:23 guys 108:1,24148:8 H hoc 70:4,11,18 half 77:4,5,10 hall 9:22 10:1,2,3 51:8 52:16 79:19 80:24 handed 24:2453:5 handing 74:21 122:7 handle 34:18 123:1 handles 78:3 handling 67:25 happened 29:19 30:17 36:14 43:2,4 44:20 46:9 98:4 108:13 126 :24 133:4 happy 38:1293:3 harassing 24:1 31:2 harassment 108:17 head's 73:18 heading 69:5 hear 73:582:4 90:20 91:23 heard 41:13 82:6 129:17,22 hearing 33:2235:7 39:17 hearings 37:1 heaven 144:9 held 5:1322:633:5 bell 42:3 helpful 15:3 120:23 henceforth 34:9 Hey 128:9 high 11:23 12:3 55:17 highlighted 29:16 hint 35:15 hire 100:20 116:13, 17 hired 16:839:10 116:23 123:3 143:20 history 55:17,18 hit 27:22 122:25 Hmm 53:18 (told 37:11,2042:4 55:11 71:24 72:23 84:20 85:189:4,7 90:14 92:19 103:6 128:4 142:9 147:22 148:5 home 16:8 94:16 95:12,14,18,2196:1, 3,18 128:12 142:17 homes 98:1 Honorable 37:2 hoping 72:21 hot 134:9 hotel 148:20 hotshot 54:18,21 hourly 66:2567:4 hours 121:15 Huang 28:1345:15 humorous 107:2 hundred 314977:9 128:16 141:4 hundreds 65:1,15 hurricane 16:6 hart 108:20126:13 I idea 31:15 47:4 87:18 95:19 98:16 105:25 143:23 identification 22:14 43:24 68:9 72:17 1003 142:20 identify 81:7 ignorance 74:9 Illegal 127:19 immediately 37:7 39:17,22 impact 26:3 impairments 14:12 impassioned 35:13 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: fraudulent- intend importance 41:11 imposed 36:2 impressed 39:13 improper 71:10 85:15 Impugn 54:21 55:3 Inappropriate 74:2 incident 99:19 Including 48:13,24 65:22 Inconvenience 26:6 incorrect 60:7 85:25 86:3,5,7 indicating 57:14 indigent 146:11 Indirectly 8:2 111:19 112:16 113:4 individual 17:24 individually 15:5, 18 16:1 18:16,19,22 63:7 72:13 73:9 112:22 individuals 94:7 102:5 116:23 information 33:3 51:25 66:14 74:10 88:2 98:24 120:23 Initially 97:25 inquire 90:17 91:1, 6,13 inquiry 92:12 insights 92:13 Instances 127:18 instructed 51:14 150:2 instructing 23:11 46:18 Instructions 85:15 insult 74:6 Insulting 102:18 103:12 intend 41:7127:6 intent 26:1 55:2 127:6 interest 8:5,21,23, 25 76:19 110:12 111:10,12,18 122:15,16,21 interests 111:5 112:23 interpreting 34:11 interrupt 22:18 38:8 interstate 55:22 intimately 65:18 inundated 123:7,11 inundating 123:16 124:5 investigate 41:23, 24 42:14 investigated 41:19 investigation 40:13 investigator 8:15, 17 Invoices 79:7 Invoke 38:6 involve 24:4 114:3, 5,18 Involved 9:418:16 19:2,6,9 24:19 25:1 35:25 40:8 52:17 64:16 71:19 92:12 94:1,19,22 99:13,14 105:25 114:10,16 1 17:7 118:13 120:10 130:6 132:16 139:15 142:8 involving 93:24 Irish 107:25108:2, 10,24,25 irrelevant 59:17 63:22 64:12 Irrespective 26:5 Isen 15:10 17:11,23 93:24 101:16 106:4, 10,23,24,25 issue 41:8 88:14 103:24 107:5 issued 97:1 issues 40:18,20 41:4,9 Items 126:23 J Janice 133:17 January 140:15 Jason 5:15 jerk 125:19126:1,6, 8 130:9 jerks 125:22,23,24 Jersey 15:9,25 16:20 17:1,2,10,20 87:7 93:23,24 94:11 95:1 101:11 102:5 103:4 104:5 105,2,6 110:9,12 111:19 Joanne 6:8 92:10 job 129:23 Joel 136:18 140:15 John 21:15,24 29:3 Jake 35:4 Jonathan 5:25 40:24 68:3,19 69:9 112:7 140:14 Jones 6:8 journalist 10725 judge 15:2022:11 25.22 26:9,11,13,14, 17,19,2127:22 29:6, 8 33:5,12 35:23 36:4,25 37:2 38:25 39:11,13,15,17,20 42:17 45:5,17 47:5, 12,14 49:1,11 70:5, 8,12,13,14,15 71:1, 3,6,7,12,17,20,22 81:12,19,21 82:16, 2185:14 132:2,5,10 133 :1 judges 39:1072:23 July 57:2068:18 69:23 83:17 87:25 jump 148:6 June 49:2,1352:24 53:1 82:24 88:4, 126:24 134:5,25 135:9,14 jurisdictions 127:9 I;4 Kelly 28:13 36:9 45:15 52:4 Kevin 112:3 kind 29:14 56:16 111:15 knew 106:8 116:21 knowing 54:20 knowledge 10:18 47:11 84:14 85:22 112:5,6 116:18 139:12 145:2,8 147:19 L lack 35:19 lady 28:12 language 34:16 48:14 Large 5:5 Larmartini 9:11 78:5 116:13,17,23 136:22,25 137:3 138:2,9,16 139:14, 24 150:2 law 5:2520:11, 23:16 34:11,24 35:11,40:16,17,21, 22 41:5,6,10,21 48:12,24 55:6,9,21, 22 56:23 57:14,16, 19,24 58:2,8 59:6, 14,19 60:13,14 61:22 62:1,7,14,17, 25 63:6,9,10,12,20 64:2,6,10,12,15,20 65:3,6,7,12 66:11, 13,2167:16 70:23, 24 75:6, 17,19,23 76:12,20 77:2,11,13, 2179:1,4,9,12 86:22 88:6,15 90:10 131:4,7 133:23 134:14 135:10,15 137:11,13,19 138:3, 9,11,22 139:3,6,7,8, 16 140:2,17 141:4,9, 20 144:14,17 145:11 149:8,9,18 150:1,3,5 lawful 88:1595:3 laws 146:15,20 lawsuit 22:24 87:20 129:18 142:23 146:5,7,9 lawsuits 17:118:15, 19 53:21,23 65:15 94:5,8 101:22 107:4 108:16 122.25 123:6 129:5 138:6, 11 140:25 141:4 143:11,16,18 145:5 146:3 148:14 149:16 150:1 lawyer 11:1537:5, 10,2140:7 41:25 42:1,2 45:11,12,18, 23 46:8 54:18,21 56:14 62:17 63:13 70:19 71:4 80:7 146:6 lawyers 28:15,18,19 40:7,12,19 42:6,25 44:13,20 45:12 71:23 73:10 80:14 139:8 lay 127:14 layman 35:19 lead 60:491:15 learn 46:9 learned 43:1,7 44:14,21 lease 59:1476:5,11, 18 leases 63:11 leave 45:4108:12 left 57:13 legal 5:16 38:20 40:12 42:1 79:5,8 88:1196:6 130:22, 23 132:2 146:16,21 lender 19:19 21:9 length 40:3 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: intent -loans lens 52:15 letter 89:12 letters 110:1 letting 22:25 33:19 level 107:22,23 liability 19:1921:9 liars 51:13 license 95:4 licensed 65:7 lied 70:8,13,14,15, 2171:1 life 108:21 light 35:2 likelihood 74:8 likening 27:16 limited 58:22,25 liquor 16:9 listen 48:5 54:3 listening 29:7 listens 74:11 lists 139:7 literally 35:4 54:17 litigate 129:12 litigated 20:7 litigating 126:1 litigation 19:3 22:2, 23 24:13,18,25 25:11,16 26:2 29:17 56:8,9 71:10 74:17 93:22,25 94:14,19, 22 99:2,5,8,9 100:13 101:21 103:16 105:15,17 106:2 109:4,6,7,11 110:9 126:16 127 :9,21 130:6,14,15,20 131:9 133:7 140:17 LLC 121:11 122:5, 17,22 LLCS 31:25 loaned 64:10, 147:11 148:4,10 loans 147:10,13,16, 17,25 148:2 locate 45:18 located 47:5,12 58:15 locks 77:8 logical 93:2 long 21:9,1335:25 59:3 94:18,22 97:8 99:5 135:21 136:8, 25 longer 12:2317:12 Longport 15:9 16:20,23 17:7 93:22,23,25 94:11, 13,19,20,23,25 95:7, 13 96:6,7 97:10,14, 24 99:20 100:7 10121 102:4 103:3, 16 104:7,11,19 105:2,6,14,17 106:1 107:4,5,13,20 109:4, 11,12 Longport's 100:9 looked 77:19,23 82:1184:5 Lord 130:2 lost 73:15 75:9,13 107:22 110:6 lot 24:1145:4 74:12 love 129:13,14 lunch 92:25 93:4 luncheon 93:14 lying 70:19 71:3,5 f �i Maas 81:13,19,21 82:17,21 made 38:19 39:15 44:4 45:6 47:16 48:17 51:21,24 57:17 71:9 74:8 79:17, 80:25 81:4,8 82:12 83:14.24 84:6,10,12 85:17,19 87:23 101:11,25 115:21 120:10 121:11 138:10 141:21 147:17 148:2 Magistrate 68:17 maintain 65:7 make 12:25 23:8,9 33:19 52:24 53:9 73:1 84:13 85:18 91:24 95:3 103:7,13 123:4 131;2,6,15,17 136:21 147:10,13,16 148:7 makes 51:11 making 26:4 37:18 38:2 48:22 50:24,25 51:155:2 66:4 70:20 78:6,17 84:9 85:5,12 88:2194:15 102:10 121:5 142:11,13 maligning 102:3,5, 8 malpractice 73:11, 13 man 7:25 manifests 26:4 manner 26:2 March 33:23 60:22, 23 61:19,20 121:12 Marcus 72:5 mark 43:1872:15 100:6 101:15 142:22 marked 22:13 43:23 68:8 72:16 77:6 100:2 142:19 marking 22:11 43:18 68:15 martin 5:11 6:14,21 21:14,23 68:20 69:25 72:6,12 107:19 Marty 27:9, 56:11 85:2 100:8 materials 11:24 13:5 32:9 matter 5:1135:9, 89:24 92:17 matters 59:19 130:8 131:21 maximize 26:6 maximum 26:3 mayor 6:8 29:24 45:6 130:15 Mcauliffe 114:13, 15 116:7,11,15 118:16,18 124:25 125:6,8 130:9 Mcauliffe's 116:18 Mcclosky 34:10 35:9 Mcculky 114:12 means 26:12,15 75:21 media 104:23 105:2 107:9 mediation 90:19 meet 89:1 116:7 140:15 144:16 meeting 43:1744:8, 19 49:8,12 50:15 53:2,4 54:5,6,8,9,15 55:8 79:18 83:8 85:21 87:25 88:9,24 89:10,20,23 90:16 91:3,5,7 126:24 134:4,6 meetings 137:14 139:6 member 101:18 131:3 135:15 136:6, 8 members 107:3 memo 56:22 memoranda 89:22 memorandum 25:22 138:6 memorialized 76:8 memorializes 67:13 memorize 61:14 98:15 memorized 61:4 memory 31:12 mental 14;12 mention 84:2 mentioned 77:10 80:15 93:21 merkless 35:3 merits 22:20 26:6 59:17 127:3 messages 104:10 met 88:4 mic 25:4,727;5 Michelle 115:25 mid 96:4 middle 852 Middlebrooks 15:20 70:5,12 Midland 19:16 20:2,16,10 21:6,21 25:18,21 72:9,13 Mikey 125:8 mind 27:7135:8 mine 51:18 108:1,25 minutes 45:3 93:1 misrepresented 47:15 80:6,12 82:18 misrepresenting 131:4,7 Misstating 76:14 Mister 143:24 misunderstanding 35:5 117:16 MO 127:6 modifications 94:15 moment 27:19 money 9:1264:10, 12 75:23 12820 143:25 144:3,22 147:11 148:13 moneys 79:4 month 85:21 118:1 121:22 123:24 137:17 138:7 141:4 months 15:816:18 34:19 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: locate-necessarily Moreno 37:2 39:15 Morgan 6:829:24 53:20 87:13 125:17 130:14 morning 87:17,19 motion 6:5 2220 26:23,24,25 27:18 35:3 36:4 38:3 39:6 40:8 41:20 55:5,8, 2159:18 80:12 88:5,10,13 89:2 126:11,21,22 127:8 129:19 134:14 motions 34:13,23 39:12 53:24 mountain 35:14,15 mouth 84:18 movant's 34:8 35:7,10 movants 34:23 35:5 move 13:5 27:7 30:16 31:3 49:14 50:13 moved 39:10 99:9, 24 100:12,15,22 moving 23:16 MR.SMITH 6:5 27:1128:25 40:23 56:24 59:16 60:1 63:2164:3,11,21 73:5 74:2 multi 127:9 multiple 22:3 33:6 43:21 73:2 municipality 124:6 mysteries 127:25 hJ named 15:1019:20, 22,25 20:18,19 28:13 names 111:24 National 21:17 nature 16:719:18 necessarily 102:16 needed 115:8 148:18 needing 98:23 negotiate 67:15 negotiated 67:17 148:24 149:13 negotiation 92:6 neighbors 107:3 Newport 6:24 31:1158:8,16 78:4 newspaper 121:16, 17 123:19 Nick 5:20 noncompliance 50:16 51:22 normal 10:15 nose 52:14 not - for - profits 136:11 Notary 5:5 notch 115:8120:20, 25 121:3 notes 12:21 147:14, 24 notice 7:19 38:25 notices 94:14 November 25:23 number 123:19 U O'boyle 5:11,12,25 6:14,21,22 10:9 13:2,24 14:4,9 16:23 17:6 20:9 21:15,24 23:11, 24:17 27:15,18 29:2 30:8,24 31:6,17 34:1,4 36:8,15 38:21,40:24 41:5, 19 47:21,23 48:4 49:11,15 50:14 55:6 57:13,14,19,24 58:2, 7 59:6,14,18 60:13, 14,19 61.•22 62:1,7, 14,16,25 63:6,9,12, 20 64:1,6,9,10,12,20 65:9,12,16 66:8,11, 2167:9,16 68:12,18, 19,20 69:9,25 70:24 71:14 72:7,12 73:9, 12 74:15,24 75:3,17 76:12,19 77:2,11,13, 2179:1,4,8,12,24 82:4,8,10,13 86:8 88:6,22 91:4 92,24 93:18,23 98:11,20 100:7,8,11 103:9,22 108:19,23,25 121:20 128:7 130:1,5 133:23 134:14,20 135:10,15 137:11, 13,19 138:3,9,11,22 139:3,6,7,8,15 140:2,14,17 141:4,9, 20 142:23 144:14,17 145:11 148:10 149:8 150:5 O'boyle's 24:7 25:25 26:4 56:11 64:16 O'conner 6:888:5 O'connor 56:5 70:8,13 71:1,5 79:18 89:1 114:13 134:4 O'bare 46:17,21 object 28:23 55:14 65:24 78:12 102:24 112:18 125:14 126:2 137:22 138:12 139:10,17 140:11,20 141:5,11 142:10 objected 44:10 objection 9:617:3 23:9 30:2133:7 36:16 37:8,19 38:20 43:3,9 44:22 49:4 54:23 63:14 75:20 76:14 78:20,21 90:7 94:9 100:18 101:13 102:6,23 103:6,7 104:12 107:6 116:25 117:4,15 119:16 123:9 125:15 130:21,22 133:3 134:22 139:1, 11 140:4,5,6 141:10, 12,23,24,25 146:23 149:19,20,21 150:6, 7 objections 23:8 38:2,12,131:17 148:7 objective 35:22 obligating 41:16 observer 35:22 obtain 38:2441:6 96:3 obtained 124:9 occasion 113:22 occasions 22:3 33:6 occupied 32:25 occupies 58:8 occupy 31:16,25 58:12 occupying 65:2 77:25 occurred 44:15 occurring 140:10 offer 143:15 office 7:130:2,5 31:7,8,9,11 114:17 115:7,21,24 116:18 118:9,14 119:7 124:3 officer 136:13 offices 32:2458:17 118:21 123:8,16 144:14 official 124:6 officials 100:10 Olsen 26:17,19,21 29:6,8 33:12 36:25 39:1,17,20 42:17 Olsen's 27:23 ongoing 104:16,20 open 146:15,20 opening 41:12 73:20,22 74:1 openings 66:4 74:6 operate 78:4 opine 90:22 opinion 11:536:13, 17,19,22,23 47:16, 19 48:9 49:1,7,12 72:10 74:3 80:14 opinions 10:2011:3 97:19 opposing 29:12,13 39:9 OPRA 17:13,15 93:24 oral 35:13 order 15:3 26:8 34:14 37:6 39:23 4117 91:24 140:17 ordered 148:20 orders 34:1639:21 organizing 117:7 overwhelming 34:24 owe 59:23 79:4 owned 59:395:9,15, 16 96:18 110:7,8 owner 58!2159:1, 15 76:12,25 77:24 78:18 ownership 76:19 111:18 113:3 122:21 owns 76:5 77:20 P P.A. 72:5 p.m. 23:24 33:23 34:3,8 93:12,14,15 126:25 128:11, 131:14 150:19 P9011(b) 35:17 paid 64:6,65:9 75:23 77:24 78:7 137:9 pain 132:22 painfully 35:6 Palm 5:1445:19 46:2,5,6 82:20 113:7 114:1 115:5 121:24 paralegal 137:5 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: needed personal Pardon 25:6 31:22 44:25 80:3 109:15 120:3 146:2 part 40:16 53:13,16 64:17101:21 116:4 127:19 partner 21:736:1 72:13 partnership 21:16 58:22,25 59:3 parts 145:21 party 6:4,5 16:1 17:9 29:12 35:10,24 pass 12:6 past 8:249:2317:10 34:19 95:21 113:7 patient 127:21 pattern 73:12 pay 75:24140:23 143:15,24 144:20 paying 76:3 77:14, 20 129:21 146:12 pays 78:18 pending 16:15,25 21:9,1133:15 37:25 38:140:6 118:4,22 119:4 128:15 134:17,20 pennies 144:9 people 11:2528:9, 1153:10 54:1,2,3,4 65:3 86:19 87:5 105:7 106:3 116:17 125:12,22,23 perception 35:20 Perfect 93:11 perform 7:8 performed 9:25 period 15:1039:11 71:25 95:24 123:16 145:17 permitted 127:11 person 36:10 personal 10:18 108:15,21 145:8 148:16 personally 10:19 22:3 24:19 25:1 26:10 27:24 28:1,22 66:15 71:18 75:6 96:11,13 106:9 110:11 118:6 119:13,18,19,21,24 personnel 65:22 pertain 114:6 pertains 59:18 Peter 106:4,10 Peterson 5:15 petition 68:16 phone 27:10,11,13 92:10 93:6 phrase 85:8 physical 14:11 physicist 100:21 picked 100:8 122:20 picture 13:3 27:6 pilot 112:7 Pilots 11123 pilots' 111:24 place 89:15 144:14 plaintiff 5:21,23 16:3,4 17:6,16 18:20 19:5,12,14,20, 22 20:18,19 25:11, 16 73:10 96:12,14 132:18 plaintiff's 21:23 plaintiffs 5:19 19:25 plaintiffs' 21:20 plane 111:9,10,12, 14,15 124:13 planes 103:3104:9 110:7,8,12 111:18, 22 112:4,9,14,17,23 planning 60:6 101:17,18 plans 97:25 play 54:12 Plaza 19:1620:2,16 25:18,2172:9,14 pleadings 60:6 plenty 16:9 podium 83:23 point 14,2131:2 33:19 41:4 59:7 74:17,19 96:2,18 111.•16 127:3 129:15 142:18 145:19 painting 11:14 68:13 politicos 121:1 Pordy 72:4 portion 45:548:7 79:22 110:21 111:1 portions 50:20 51:23 position 27:18 90:3 91:2,5 136:14 positions 26:5 possibly 122:25 posted 100:8 practice 11:14 64:15 70:23 practices 141:20 prayer 62:3 preaches 53:20 preaching 132:4 precedence 48:13, 25 precedent 35:14 preceding 34:20 precludes 23:16 premise 7:2 premises 59:15 Prepare 143:18 prepared 68:19 69:24 83:8 89:22 presume 10:15 pretty 14:18 previously 10:25 135:20 primary 95:17,20, 23 prior 75:5 79:19 private 59:19 100:20 privilege 56:9 103:24 110:14,16 privileged 37:22 pro 70:4,11,18 proceed 12:2092:1, 6,7 proceeding 15:17, 18 34:10 36:5,6 40:15 69:22 proceeds 24:14 process 12:22 87:19 119:15 produce 137:17 138:6 141:3 profession 88:11 professional 5:4 116:24 profit 7:15141:8 prolong 12:22 promissory 147:14, 24 prompted 97:2 property 95:10,11 100:16,22 145:14,16 propounded 97:5, 7,14 propounding 97:9 prosecuted 114:21 1 20: 12 prosecution 114:18 117:25 118:9,22,24 119:14 prosecutor 120:20, 124:25 prosecutor's 115:7 prosecutors 124:14,16,20,21 protect 16:8 protected 16:9 protest 116:14,18, 21,24 protests 117:8 prove 100:21 127:17,18 provide 138:10 provided 9:1 29:24 42:20 provisions 29:15 public 5:517:14,15 22:23 50:17,21 51:17,53:21 61:6 97:5,7,9,13 100:7,9 101:22, 109:24 118:1,8,11,13,17,20 119:12 120:10 121:5,11,21 123:4,6, 14,17,23 124:5,6,10 131:6 137:18 140:25 143:10 145:6 148:14 149:9 publicly 130:20 131:8 pull 112:4 pulled 112:11 punish 71:11 purporting 87:22 purpose 26:1,3 54:16 71:10 134:13 140:16 purposes 30:3 134:7,15 149:8 pursuing 26:1 53:23 put 25:427:1134:6 38:15 44:10 52:14 116:2 144:3 148:21 putting 30:3 74:16 84:18 putz 102:21 125:9, 11,18 130:15 is quasi 109:12 question 7:1711:8 13:22 18:18 24:20, Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: personally -raped 22 25:8 30:16 32:12,16 33:9,15 37:25 38:14,18 41:14,16,17 42:9,11 47:3,9,25 48:2,4, 49:6,10,14,16 50:5, 12,13 53:15 65:11 66:2 70:10,22 72:24 73:174:18 78:2 80:16 82:13,15 84:24,25 85:4,8, 86:9 98:10,11,13,19 99:16 103:9 104:1 105:4 110:14,16,18 112:20 113:2 114:7 120:5,8 123:12 128:8 129:17,22 130:23 131:14 135:1,8 137:23,25 140:7 150:9,15 questioned 105:1 questioning 11:16 13:6,19 73:14 questions 12:17 13:15 23:12 24:2,10 34:2 37:13,23,25 45:7 60:10 79:14 86:17 92:9 120:8 142:12,16 quick 150:13 quickly 89:22 quiet 142:7 quit 108:21 145:10 quote 71:8 108:23, 24 121:6,22 122:24 quoted 80:12 82:19 quoting 108:7 R raised 129:18 ran 115:8,11 Randall 79:19 Randolph 88:5 89:1 134:4 Randy 133:17,23 rape 53:13,16 raped 53:12 read 12:15,1621:25 29:15 36:13,17 40:2,5 44:1147:16, 19,22,24 48:1,3,7,9, 14,25 49:1,6,11,23 50:8,10 80:9 98:19, 2199:15 110:19,21 111:1 119:25 120:6, 7 124:19 146:18 reading 45:248:5 53:3, 69:4 74:21 81:20 120:7 121:16 123:19 real 77:20 realize 12:20 39:8 53:11 108:19 realized 85:20 reason 14:8,15 35:18 132:3 reasonable 124:7 recall 14:16 15:1 18:8 25:15 26:8 39:3,12 50:2,17,24, 25 51:1 55:20 59:10 66:23 67:19,20,25 68:169:14 71:12 75:5,9,12 82:13 83:18,20, 85:22 88:3 97:23 105:22 106:16,21 108:3 113:24 120:15 123:2 124:14,16,20, 22,24 132:19 133:11 receive 78:7 received 7:12 9:3 51,25 64:1,7 65:10, 1166:10,13 78:19 79:1,8 95:13 receiving 9:12 recent 15:7 100:10 recess 57:9 93:14 150:19 recite 44:4 recollection 24:18, 21,25 25:10 50:11 73:4 83:3,5,9 record 5:8,18 23:9 27:10 34:4 38:16,20 39:16 40:23,25 44:10 4620 48:7 51:17 57:8,11 58:21 66:5 89:8 92:15 93:13,16 110:21 111:1 131:13 150:18 record -type 101:22 records 17:14,15 22:24 30:4,7 50:17, 22 53:2161:6,9 97:5,7,9,13 109:24 118:2,8,11,13,17,20 119:12 120:11 121:5,11,21 123:4,6, 14,17,23 124:6,10 137:18 140:25 143:11 145:6 148:14 149:9 refusal 35:337:7 42:17 recuse 2625 34:9 35:1,8,23 36:4,25 40:8 recused 35:739:18 recusing 39:23 redact 50:22 51:9, 15 52:3 redacted 50:20 51:3,7,23 52:5,19 redacting 51:20 52:17 redactions 51:12 refer 146:14,20 reference 26:9 97x8 referenced 104:6 referring 26:20 45:13 46:165:20 121:23 reflect 46:20 reform 150:15 reformulate 150:12 refresh 24:18,25 25:10 50:1183:3,8 refreshed 83:5 refreshes 24:21 refusal 36:25 refusing 49:18 116:7 regard 13:18,19 24:6 41:4,8,10,20 62:24 63:18 66:11 67:4,16 68:3 79:11, 16 88:5 89:1 123:7 registered 95:4 registration 95:25 rejects 34:12 relate 40:21 126:23 129:3 related 70:2298:24 107:13 137:8,9 relates 28:21 relationship 21:5 64:24 65:6 70:24 122:18 135:17 relevance 22:19 23:6 relevancy 131:21 relevant 24:960:8 131:14,18,20 132:1 relied 51:20 rely 83:11 remark 33:4 remarks 74:8 remember 15:6,12, 13 16:21 18:12,14 20:5 21:1, 28:14 30:10,14 32:13 36:10 50:19 52:8,21 61:17 72:21,22 84:4 96:22 98:11 105:21 106:5,7,24 112:2 114:8,10 119:24 121 :25 124:11 132:24 134:10 remembering 70:7 removed 99:20 100:25 101:8 removing 99:14 remunerated 7:11 remuneration 7:13 rendered 65:13 66:12 rent 76:1,3 77:13,20 78:7,18,25 rented 115:10 renting 77:3 repeat 10:1747:3 repeatedly 26:4 71:18,24 72:23 repeating 67:10 rephrase 13:23 17:5 45:25 55:13, 16,19 99:17 103:14 120:8 replied 121:5,8 reported 107:9 116:22 reporter 5:4 27:5 48:8 98:22 108:10 110:22 1 11:2 119:25 121:20 122:24 123:3 reports 77:16 119:22 represent 56:14 66:24 69:9 representation 79:12 representative 15:5,19 18:17,20,23 represented 33:21 40:17 60:14 61:25 63:7 representing 5:16, 24 63:169:16 represents 35:10, 24 request 17:14 61:6 97:5 106:11,12 117:2 120:17,22 136:12 140,25 requested 61:9 requests 97:10,14 101:25 109:24 118:2,8,13,20 II9:7, 8,13 120:11,19 121:5,12,22 123:4,7, 15,17,24 124:6,10 137:18 143:11 149:9 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: read - Roberl require 149:15 research 28:5,16 35:1136:7 40:12 42:1,2 90:10 145:20 residence 95:17,20, 23 residency 95:3 resident 94:25 95:2, 7 residents 104:6,11 resigned 145:10 resolve 88:13 respect 56:17 62:19,20 68:4,6,11 respond 74:7 response 70:12 responsibility 78:6 responsible 78:11, 17 restroom 57:5 result 132:13 resulted 34:17 retain 35:2 69:9 retainer 75:24 retract 83:13 84 :21 87:22 retracted 80:24 83:20,2 retracting 84:3,19 86:14 retraction 84:16 86:6,11 reveal 45:2 revealing 42:9 review 40:3,5 74:25 revolve 88:13 Ring 5:25 62 55:8 78:10,15 79:18 88:4,25 89:6 134:3, 6,16,24 135:9,14,17, 18 143:5 149:25 150:3 Robert 6:6 29:4 Rogers 72:4 room 13:246:21 71:5 Ross 72:5 rotten 127:14 Roden 34:1035:9 rule 35:20 90:22 ruled 34:12110:3 ruling 38:25 rulings 34:21 run 65:3 running 16:10 65:22,25 140:1 rush 129:6 S salaries 137:9 salary 145:1 sales 77:16,20,24 78:3,7,18 sanction 71:23,24 sanctionable 35:17 sanctioned 22:3 33:5 127:10 133:6, 7,9 sanctioning 71:18 126:17 sanctions 22:20 27:17 33:13 35:18 38:4 59:18 126:21, 22 Sandy 16:6 Sara 114:19 save 98:17 Scatological 102:19 scheme 13:13141:8 school 11:23 12:2,3 55:17 seconds 82:5 secretaries 28:17 seek 41:661:21 seeking 97:24 119:6,9,10 120:16 send 30:2 sending 32:20 sense 56:7 separate 77:6 separately 77:5 September 5:9 109:7 sequentially 88:16 served 87:16119:13 136:11 server 87:19 services 7:8,109:1 65:13 66:11,16 79:5 serving 134:24 set 88:13 144:6 148:14 settle 16:13134:9 146:10 settlement 89:13, 16,19,21,24 90:5,8, 16,2191:3,5,17,20, 22 92:5 131:22 134:7,8 seven -year 71:25 shakedown 128:17 show 22:10,17 43:16 68:2169:1 72:10 82:9 88:16,17 100:6,127:7 142:22 showing 81:24,25 shows 25:21 Shulman 72:4,14 side 77:11 sign 27:7124:17 signed 72:3 significant 41:11 signs 60:24 61:1,20 99:10,14,21,24 100:7,8,10,15,21,24 101:7 124:13 126:19,25 127:4 silence 142:15 similar 33:4 51:2 101:10 simply 35:12 single 129:17,22 sir 6:2011:11,19 15:4 20:24 39:19,23 40:9 48:5,20 50:18 53:6 56:5 68:22 72:15 76:17,22 81:17 sit 18:11,1325:15 38:1179:24 86:16 119:9,10 sits 53:20 sitting 35:23 73:24 Sixth 72:1173:8 Skip's 90:4 slander 81:13. 82:22 87:8 108:18 sleep 74:16 slow 138:25 small 108:22 127:19 smelly 127:14 Smile 125:8 Smith 5:24 60;7 73:16,19 74:14,20 133:16,21,25 137:22 138:12 139:10,17 140:5,11,20 141:5, 10,13,24 142:10 149:21 solved 127:25 son 40:13 56:10,13, 2157:15 68:2,12,14 69:9 70:4,11,18 112:7 128:17 140:14 149:7 son's 41:2155:9,21 70:23 88:14 149:18 sort 42:9 61:3 90:7 98:1,8,9 sought 110:1 sources 85:19 South 113:11 Southern 37:3 space 58:8 77:2,6, 14,25 144:17 spade 126:7 speak 39:21 speaking 23:8 37:1838:11, 131:17 speakings 38:2 Special 68:16 specific 81:7 specifically 83:18 84:2 speculate 11:7 speculating 76:9 speeches 142:11,13 spell 112:1 spend 109:3121:15 spite 99:24 100:12 spoke 46:2 spoken 130:16 spot 101:19 spouse 29:13 35:25 36:1 spouse's 35:24 Stacy 7:22,23,24 9:12,16 stage 116:14,17,24 stake 108:22 stand 72:2103:23 standard 23:5 60:10 132:3 start 23:1188:22 89:17 97:9 started 12:8129:16 145:21 state 5:5 6:20 20:4,8 40:23 50:16 51:22 57:16,19 78:6 118:2,14,16,17 121:23 122:1 123:7 124:10 137:18 140:24 142:8 143:10,16 145:5,21 148:14 stated 25:25 29:16 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: Rogers -strike 39:7 43:12,13, 47:14 71:8 117:17 122:3 statement 27:16 38:15 41:13 47:17 48:15,16,17,19,20, 22 50:24,25 51:1,2, 21,24 57:17 65:12 70:20 72:25 74:1 80:17 81:4,8,10 83:24 84:2,19 85:6, 102:12,18,19 statements 26:18 27:23 39:16 42:5 44:4 52:24 55:3 65:10,25 79:17,21, 25 80:24 82:11 83:13,20,25 84:9 8723 88:19 102:10 131:3,6 States 19:17 25:19, 2172:11 stations 54:13 status 39:16 statute 50:16 51:22 staying 46:22 steal 145:16 step 13:5 Stoft 133:18,23 Stofts 132:14 133:17 stole 60:24145:15 stood 83:23 stop 23:19 stopped 102:22 storm 100:10 story 129:8 strategy 26:1,4 71:19 Stream 5:12&7 10:3 11:25 30:3,6 32:9,2143:18 52:24 56:15,18,2160:19, 24 68:12,16,17 69:16, 81:23 Street 5:14 strike 17:542:20 48:25 54:8,16 55:7 57:18 118:12 134:2 143:24 149:10 striking 79:22 strongly 34:16 stuff 23:25 72:22 style 16:21,22 72:12 styling 25:17 su 35:139:18 subject 34:24 35:11 99:23 116:20 submit 118:7,13,17 submitted 118:1,21 119:19 substance 89:9 sue 87:196:9,10 sued 18:2220:11,16 61:18 72:4,7 73:10 75:6 86:19,24 87:10,20 142:6 suffering 132:22 sufficient 34:22 suggesting 36:21 49:18 suit 87:8 96:20 97:2, 8 132:14 suite 5:14 summer 70:6,11 Supreme 48:13,24 110:6 surprising 34:25 Susie 98:5 Sweet 121:10122:5, 17 Sweetapple 5:19 6:2,6,11,19 9:8 17:4 22:15 23:3,15,21 24:4,16,23 25:9 27:6,14 29:1,4,16 30:23 31:5 32:20,23 33:10,16,2136:18 37:9,14,18,24 38:6, 8,15,19,23 39:4 41:2,15,18 42:13,24 43:5,11,22 44:2,14, 24 45:9,24 46:10,20, 24 47:10,15 48:3,10 49:5,21 50:1 51:9 55:1,12,15,24 56:19 57:1,6,12 59:20 60:3,9,12 62:20,23 63:4,17,23 64:4,14, 23 65:8 66:1,6 68:5, 10,24 69:1,4,7 72:20,25 73:7,18,21 74:5,15,20 75:1,22 76:16 78:14,24 79:23 80:18 81:5 82:17 83:25 84:21, 23 85:4,7,13,24 86:2 89:5,18 90:9,19 91:8,10,13 92:1,8, 16,19 93:3,7,11,17 94:10 99:1 100:4,19 101:5,14 102:9,15 103:1,8 104:2,14 105:16 107:8 110:19 111:4 112:21 114:14 117:1,6,18 119:17 121:9,19 123:13,22 125:16 126:5,11,15 127:4,23 128:3,5,7, 13,20,24 129:1,20, 23 130:4 131:1,15, 19,25 132:6,9,12 133:5,17,22 134:1, 23 135:3,13 137:24 138:15 139:2,13,22 140:8,13,22 141:7, 15 142:4,21 147:1 148:9 149:23 150:10,14,16 Sweetapple's 13:4 50:16 81:13,82:22 99:16 sworn 6:15 IN T206 111:20 taking 23:6 26:5 86:7 92:14 talk 32:24 34:7 89:9 102:20 126:10,14,25 127:2 130:10 talking 26:23,25 29:6,1145:10 48:16,19,20 62:18 63:15 101:3 127:5 Tallahassee 45:19 tape 84:5 tax 77:16,20,24 78:3,7,18 Taylor 5:20 78:21 102:23 125:14 130:22 140:4 141:11,25 149:20 150:6 televised 54:6,7 television 54:13 telling 84:14130:9, 13 142:7 Temple 29:3,18 ten 10:13,1423:25 110:13 111:17 113:20 126:19 135:23 tenant 59:6,9 tenants 3121,23 77:25 78:3,8,19 Tennessee 19:3,7, 10,13 20:7 24:19 25:1,12,16,25 26:9 27:17 28:22 33:5,14 71:8,13 72:8 126:19 128:23 term 103:12 terms 62:13 67:3,6, 8 75:17 148:24 149:10,13 test 132:23 testified 6:16 15:14, 17,20 16:21,22 18:1, 8 26:13,20 33:11 72:2 testify 14:17,19 17:18 18:3 42:5 testifying 15:16 18:12 testimony 14:16 26:17,19 47:16 76:15,17 80:6,12 82:18 91:24 testy 80:21 text 9:16,20 things 8:19,22 Index: striking- Twenty- something 11:13,15 29:9 102:21 142:7 thinking 19:14,15 thought 11:23 21:20 53:10,13 87:3 92:18 98:12,13 115:7 120:23 125:5 thoughtful 35:22 thousand 97:16 Thrasher 6:10,11 52:14 threaten 127:15 threw 133:1 thug 124:14,16,19, 21 tie 127:24 Tim 112:3 time 5:9,1710:6 12:18 17:126:13,14 38:3 39:1150:7 51:8 57:7,10 69:11, 20 81:4 82:10 83:24 85:18 90:23 93:12, 15 95:24 98:17 104:15,19 105:14 106:1 110:9 111:16, 17 11310,15 114:22 121:2 122:22 134:10,17,20 136:13 140:18 145:17,22 147:21,23 150:17 times 10:11 18:12 30:22 31:3 78:23 82:3,5 115:12 116:10 135:2 title 96:3 titled 29:3 today 13:7,1614:9, 16 24:1138:20 61:10 74:19 79:25 129:17 132:11 142:18 today's 148:19 token 14:6 told 10:15,25 17:11 18:13 21:19,20 36:9 37:15 47:18 49:3,22 51:19 522,16,19 84:4 88:1 148:18 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 tolerate 38:17 tonight 23:24 128:11,14 topic 32:18,19,20 33:1 120:15 total 97:13 totally 59:17 totals 119:22 touched 82:9 town 5:12 6:7 10:3 11:25 30:3,4,6 32:9, 21 43:17 45:4 46:2 47:151:8,19 52:1,2, 10,16,23 53:8,10,11, 12,14 55:2156:20 60:24 61:18 69:16 81:14,23 82:24 83:8,13 94:14,20 96:6 97:1,5,10,20 99:5,9,12,20 102:3 103:17 104:6,15 town's 51:15,16 83:10 Trafford 33:20 trailed 56:16 trailer 13:3 transactions 63:12 transcript 43:16 44:3 82:19 84:5 transcription 83:7 transcriptions 83:10 travel 148:13 Treasure 121:24 treat 89:11 treated 89:2191:20 trial 16:11 18:5,6,9 90:11 trip 39:25 true 61:24 121;17 truth 6:18 truthfully 14:17,18 139:23 Twenty- something 59:5 type 7:198:8111:9 IRA uh -huh 20:2221:3 53:7 101:9 113:14 uh -uh 21:3 Umm 98:12 unable 14:8,16 unauthorized 70:23 underlying 39:5 understand 8:1 10:20,21 11:17 13:21,23 14:1,3 27:15 30:19 33:8 45:3 76:17 90:2,24 103:13 108:15 114:7 150:8 understanding 124:18 144:2 understood 11:4, 10,1121:3 unethical 117:21 ungrounded 71:9 Union 21:1725:20 United 72:11 unlawful 64:15 unplead 60:1 unreliable 83:10 untruth 138:14 USC 34:11 V vacation 95:18,21 valid 25:13 vandalism 108:17 vendor 66:14 verbally 9:16,17 versus 5:12 16:23 17:7 19:16 21:17 25:18,2129:3 33:20 60:19 68:12,18 72:14 93:23 107:1, 19 vice 70:5,11,18 victims 141:20,21 video 5:8 44:7 132:22 videotape 8:813:4 videotapes 54:11, 12 violation 94:15 violations 95:13 97:2 100:14 145:6 146:14,20 Volume 150:20 voluntary 101:19 volunteer 8:11 vote 95:5 124:25 voter's 95:25 W wait 10:4 13:21,25 14:2,6 92:10,11 waiting 33:17 51:9 waive 90:7 walk 86:17 walked 13:2 wanted 33:18 88:25 warranted 35:18 Watch 27:5 ways 91:11 wears 98:5 week 30:10,15,17 31:7 52:14 55:7 weeks 12:14 well - established 48:12,24 well- informed 35:21 West 5:14 6:24 31:1158:9,16 78:4 whoa 20:15 widely 116:22 wife 19:22 95:16 96:3,132:14,16 133:24 William 5:25 win 87:8 windfall 141:8 withdraw 84:23,25 85:11 131:12 withdrawing 85:4, 8 Witmer 133:22 149:7 witnesses 41:9 worded 34:16 words 47:1950;10 52:2153:12 70:17 84:18 125:11 127:5 146:4 work 9:440:1242:1 79:8 137:2, 139:3 worked 8:18,20 101:16 136:2,4,25 137:11 138:9 workers 99:24 100:11 working 7:15 8:14, 16 139:25 works 8:1228:13 100:9 138:16,19,22 world 40:156:10,11 63:16 148:19 worry 88:23 worse 26:18 worth 74:3 Wortley 332136:5 write 12:15,16,21 84:B 14722 writer 108:10,14 121:6,8,9 writing 11:1312:18 67:12 141:3 written 10:23 26:9 34:14 62:9,1163:5, 10 76:11,18 79:11 80:8 wrong 12:10 36:22 143:14 wrote 11:5 Y yard 100:9 year 12:4 15:20 33:24 55:18 69:10 127:1 133:7 134:5 140:24 143:16 144:20 years 15:11 17:10, 12,21 18:23,24,25 21:12 23 :25 29:17 34:6 59:5 78:1 95:18,22 99:3 110:13 112:17,24 113:8,12,13,17,19, 20 114:25 115:4 120:21 126:20 127:24 135:23,25 137:4,7 139:24 142:12 young 22:1128:12 71:7 r/ zoning 97:1 100:14 101:18 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index:typc- zoning 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE No.502014CA004474XXXXMB MARTIN E. O'BOYLE, Plaintiff, -vs- VOLUME II TOWN OF GULF STREAM, Defendant. CONTINUED VIDEOTAPED DEPOSITION OF MARTIN E. O'BOYLE TAKEN AT THE INSTANCE OF THE DEFENDANT Monday, September 15, 2014 9:50 a.m. - 5:47 p.m. 224 Datura Street Suite 1405 West Palm Beach, Florida 33401 Reported By: Debra Duran - Bornstein, RPR Notary Public, State of Florida Debra Duran & Associates I APPEARANCES: Page 157 1 Pose 15R 2 On behalf of the Plaintiff: 2 3 DANIEL DESOUZA, ESQUIRE ALSO PRESENT: DESOUZA LAN, P.A. 3 Willlan Ring, EeguiYc 4 1515 N. University Drive The O'Boyle Law F'i tm PC, Inc. Suite 209 4 5 6 Coral Syringe, Florida 33071 Jan. Peterson, Vidcographcr 7 NICK TAYLOR, ESQUIRE 5 Le9a1 Oraphicwarha THE O -BOYLE LAW FIRM P.C., INC. 6 Doug Stacy, Videcgrepher 6 1286 Welt Newport Center Dr1Ve 7 Scott Morgan, Mayor Deerfleld Beach, Florida 33442 Town of Gulf Sulam 9 30 Co, behalf 01 Jonathan M1111am sins DC., B L She O'Boyle Law PS rn. PC., I Fir Inc. Ntlliam Thrasher, Tcwn Manager 11 9 Sown of Cull Stream CVLVSR SMITH, III, ESOUIRB 10 12 CULVER SMITH 1I1, P.A. 500 Auetralien Avenue South Chriatopher O'Hare 13 Suite 600 11 Neat Palm Beach, Florida 33401 12 14 13 15 Cc- Couneel on behalf of the Defendant: la 16 ROBERT A. SHSETAPPLR, ESQUIRE SWEETAPPLZ, BROEAER L VAROAS, PL 15 17 20 S.E. 3rd Street 16 Boca Raton, Florida 33432 17 LB 18 19 CO- Couneol on behalf of the Dependent: 20 JOANNE O'CONNOR, ESQUIRE 19 JONES, POSTER, JOHNSTON f MOBS 20 21 505 South Pls91er Drive, suite 1100 21 WesL Palm Beach, Florida 33401 22 22 23 33 24 24 2s 25 Peso 159 Page 160 1 1 Q]WiIIdg® PROCEmINCS z _ _ . EKHIBI TS 2 - -- 3 3 TBE VIDEOCRAPSM: The time is 2:36 p.m. 4 NUMBER DESCRIPTION PAGE 4 We're back on the record. 5 5 BY MR. SWERIAPPL?: 6 DEFENDANT'S U. 7 AIRLINE HIGHWAY, UP 176 6 Q• Thank you. 7 PRINTOUT 7 Mr. O'Boyle, the Cltizela AWaresseas DEPENDANT'S E%. S COR AVIATION, INC 120 g Foundation, ISO., it doesn't have any income, Clogs it? 8 CORPORATION IK)CUNENT DEFENDANT'S Re. 9 STOP DIRTY GOVERNMENT LLC, 164 9 A. I don't know. 9 CORP DOCS 10 Q• It Jut eK1St9 CO bring public records 3D DEFENDANT'S EX. 10 OUR PUBLIC RECORDS LLC CORP DOCS 1B5 11 litigation, right? DEFENDANT-S EZ. 11 COesmERCE OP, INC 167 12 A. I don't know. 11 DEFENDANT'S EK. 12 CO ACQUISITION COMPANY 1B9 DEFENDANT'S EA. 13 ASSET ENHANCEMENT, INC. 190 13 Q. Weren't YOU the one that was involved in 12 DEFENDANT'S EX. 14 STATEMENT OF CHANGE OF 194 14 having the entity formed? REGISTERED OFFICE 15 A. I don't think S0, 13 DEFENDANT'S EN. 15 CITIZENS AWARENESS 194 FOUNDATION CHANGE OF 16 Q. And didn't you review and approve the mission 14 REGISTERED AGENT 17 statement for the entity? DEFENDANT "S E2. 16 JUNE 6, 2014 LETrER TO 251 15 TOWN OF GULF STREAM 18 A. No. I think it was Mr. Chandler. 16 19 Q. Well, didn't you review it and approve it? 17 18 20 A. I don't think so. 19 21 0. And werm-t you aware the- its sole p'1rp0Ee 21 22 was going to be to front litigation through your soma 22 23 law firm? 23 24 A. No. 24 is 25 0. And are you aware of the Citizens Awareness Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 162 public records; and to make public records requests. And to the extent public records requests are made and they're not filled, to consider litigating the issue. i think all of that is in the statement that Mr. Chadler prepared. Mr. Chandler prepared it, and whatever that says, we were going along with it. Q. Okay. Well, he says that you absolutely were not going along with any of the legitimate uses Of Citizens Awareness Foundation but, rather, you, Mr. Ring and Ms. De larmertini insisted that his sole purpose was to go generate lawsuits and to give them to your son and his law firm. Axe you aware of that? MR. TAYLOR: Objection. MR. DES=: Objection. Form. MR. SMITH: Object to form. MR. ORB=: He said this when? BY MR. SWE MPPLE: Q. Are you aware of that, Mr. O'Boyle? A. Can you say that again, please? Q. Are you aware that it's Mr. Chandler's sworn position that despite the fact that he intended to work for those reasons, that is, that there were sore social purposes; that, in fact, your instructions, Mr. Ring's instructions, and Me. De Larmartiai'e instructions were that he was to, on a full -tire basis, go out and Page 1(d A. I haven't seen any e- nails. Q. Have you exchanged any a -mails with Mr. Chandler this year? A. Yes, I think I have. He stole a bunch of money, and I asked him to please come back and bring it back. Q. Ile also accused your son of being involved in a windfall scheme, including Mr. Taylor, where defendants in Citizens Awareness lawsuits were being held up for fees that were not earned by the firm, and you demanded that Mr. Chandler retract that e-mail, correct? MR. SMITH: Object to the form. MR. DESWZA: Objection. Porn. MR. TAYLOR: Objection. THE WITNESS: No. That's not true. BY MR. SWELTAPPLE: Q. What happened? A. He did send -- he came in, and I don't remember the date. It was -- I think the first part of June. And my secretary called me and said, Joel Chandler was here. He left a bag of stuff and an e -mail saying he resigns effective immediately. And he wants you to call him. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 161 1 Foundation versus Joel Chandler lawsuit that was filed 1 2 in the Seventh Judicial Circuit on or about August of 2 3 this year -- December 601. Were you aware that lawsuit 3 4 was filed? 4 5 A. Can you say that again? 5 6 Q. Were you aware that lawsuit was filed? 6 7 A. Which lawsuit would that be? 7 e Q. Citizens Awareness Foundation, Inc., versus 8 9 Joel Chandler. 9 10 A. Can you tell me more about it? 10 11 Q. It's a suit against Mr. Chandler. It alleges 11 12 that he breacbd his fiduciary duty and other claims. 12 13 A. I believe I an aware of that, yes. 13 14 MR. DESOUZA: That's the Complaint? 14 15 MR. SWEETAPPLE: Yes, it's the Caplaint, 15 16 BY MR. SWEETAPPLE: 16 17 Q. And did you have any involvement in the 17 18 preparation of this complaint? 18 19 A. No. 19 20 Q. Do you know who, at Citizens Awareness 20 21 Foundation, Inc., rausd this complaint to be filed? 21 22 A. No. 22 23 Q. As part of the -- what is the purpose of 23 24 Citizens Awareness Foundation, inc? 24 25 A. It is to educate the people in connection with 25 Page 162 public records; and to make public records requests. And to the extent public records requests are made and they're not filled, to consider litigating the issue. i think all of that is in the statement that Mr. Chadler prepared. Mr. Chandler prepared it, and whatever that says, we were going along with it. Q. Okay. Well, he says that you absolutely were not going along with any of the legitimate uses Of Citizens Awareness Foundation but, rather, you, Mr. Ring and Ms. De larmertini insisted that his sole purpose was to go generate lawsuits and to give them to your son and his law firm. Axe you aware of that? MR. TAYLOR: Objection. MR. DES=: Objection. Form. MR. SMITH: Object to form. MR. ORB=: He said this when? BY MR. SWE MPPLE: Q. Are you aware of that, Mr. O'Boyle? A. Can you say that again, please? Q. Are you aware that it's Mr. Chandler's sworn position that despite the fact that he intended to work for those reasons, that is, that there were sore social purposes; that, in fact, your instructions, Mr. Ring's instructions, and Me. De Larmartiai'e instructions were that he was to, on a full -tire basis, go out and Page 1(d A. I haven't seen any e- nails. Q. Have you exchanged any a -mails with Mr. Chandler this year? A. Yes, I think I have. He stole a bunch of money, and I asked him to please come back and bring it back. Q. Ile also accused your son of being involved in a windfall scheme, including Mr. Taylor, where defendants in Citizens Awareness lawsuits were being held up for fees that were not earned by the firm, and you demanded that Mr. Chandler retract that e-mail, correct? MR. SMITH: Object to the form. MR. DESWZA: Objection. Porn. MR. TAYLOR: Objection. THE WITNESS: No. That's not true. BY MR. SWELTAPPLE: Q. What happened? A. He did send -- he came in, and I don't remember the date. It was -- I think the first part of June. And my secretary called me and said, Joel Chandler was here. He left a bag of stuff and an e -mail saying he resigns effective immediately. And he wants you to call him. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 163 1 generate public record requests lawsuits so that they 1 2 could be prosecuted by your son and his law firm? 2 3 MR. SMITH: Object to form. 3 4 MR. TAYLOR: Same. 4 5 MR. DESUM: Objection. 5 6 BY MR. SWEEIAPPLE: 6 7 Q. That's his sworn testimony. 7 8 A. He lied under oath. 8 9 Q. And, in fact, in the lawsuit that was filed, 9 10 you allege that Mister -- 10 11 MR. TAYLOR: who's the plaintiff in the case? it 12 MR. SWEEMPLE: Citizens Awareness Foundation 12 13 Inc. The entity that you are funding. 13 14 THE WITNESS: I lam nothing about Citizens 14 15 Awareness. 15 16 BY MR. SWEETAPPLE: 16 17 Q. You know nothing about Citizens Awareness 17 18 Foundation? 18 19 A. Nothing whatsoever. 19 20 Q. So any a -nails that are between you and 20 21 individuals regarding Citizens Awareness, that is really 21 22 not you? 22 23 A. Well, let me see them. 23 24 Q. Are you aware of any a -mails that you sent to 24 25 Mister -- 25 Page 162 public records; and to make public records requests. And to the extent public records requests are made and they're not filled, to consider litigating the issue. i think all of that is in the statement that Mr. Chadler prepared. Mr. Chandler prepared it, and whatever that says, we were going along with it. Q. Okay. Well, he says that you absolutely were not going along with any of the legitimate uses Of Citizens Awareness Foundation but, rather, you, Mr. Ring and Ms. De larmertini insisted that his sole purpose was to go generate lawsuits and to give them to your son and his law firm. Axe you aware of that? MR. TAYLOR: Objection. MR. DES=: Objection. Form. MR. SMITH: Object to form. MR. ORB=: He said this when? BY MR. SWE MPPLE: Q. Are you aware of that, Mr. O'Boyle? A. Can you say that again, please? Q. Are you aware that it's Mr. Chandler's sworn position that despite the fact that he intended to work for those reasons, that is, that there were sore social purposes; that, in fact, your instructions, Mr. Ring's instructions, and Me. De Larmartiai'e instructions were that he was to, on a full -tire basis, go out and Page 1(d A. I haven't seen any e- nails. Q. Have you exchanged any a -mails with Mr. Chandler this year? A. Yes, I think I have. He stole a bunch of money, and I asked him to please come back and bring it back. Q. Ile also accused your son of being involved in a windfall scheme, including Mr. Taylor, where defendants in Citizens Awareness lawsuits were being held up for fees that were not earned by the firm, and you demanded that Mr. Chandler retract that e-mail, correct? MR. SMITH: Object to the form. MR. DESWZA: Objection. Porn. MR. TAYLOR: Objection. THE WITNESS: No. That's not true. BY MR. SWELTAPPLE: Q. What happened? A. He did send -- he came in, and I don't remember the date. It was -- I think the first part of June. And my secretary called me and said, Joel Chandler was here. He left a bag of stuff and an e -mail saying he resigns effective immediately. And he wants you to call him. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 165 Page 167 1 So I called him, and I couldn't get him. And 1 2 I either got him that night late, or the following day. 2 3 I just don't remetter. And I forget your question. 3 4 Q. You said you called Mr. Chandler that night. 4 5 A. Yeah. 5 6 Q. Why did you call Mr. Chandler if you're not 6 7 involved with Citizens Awareness Foundatim? 7 a A. Because he asked me to call him. As an 8 9 example, if you asked me to call yon, I would call you, 9 10 too. 10 11 0. Mr. O'Boyle, my question dealt with the fact 11 12 that you were made aware that one reason Mr. Chandler 12 13 was resigning was because of colmutications between he 13 14 and Mr. Taylor involving your son's insistence that 14 15 lawsuits be settled with defendants cf Citizens 15 16 Awareness Foundation for more money than was incurred in 16 17 attomey'S fees and costs. 17 18 MR. DES(M: Objection to form. 18 19 MR. TAYLOR: Form. 19 20 BY MR. SWEEMPPLE: 20 21 Q. Are you aware of that? 21 22 A. I know there was an e -mail. I told you what I 22 23 know, I called him later on. And I said, "Where is the 23 24 stuff ?" 24 25 And he said, "Yon got everything you're 25 Page 166 getting." And Fe's never called hack since. I've called him several times after that. Q. In fact, you made a demand of Mr. Chandler that if he didn't retract the e-mail, you were going to visit unpleasantness ug>on him, didn't you? A. No. He made that -- he states that in an e -mail. Q. You never said that? A. No. I never said that. Q. And the only reason you were talking to Mr. Chandler when he resigned from Citizens Awareness Foundation is because be asked you to? A. Nell, I really wanted to get what he stole back. Q. And what did he steal? A. Maley. Q. He stole money? A. Yes. Q. How mrh money did he steal? A. I think 15 or 25,000. I don't remember. Q. Woo did he steal it from? A. I guess -- what's the name of that commany? citizens Awareness? Q. And in Paragraph 10 of the Complaint, Page 168 with plaintiff's desire to prorate govemment transparency, then plaintiff actively sought out and communicated with Chandler regarding his possible employment with plaintiff." You're the one who personally solicited Mr. Chandler to work for an entity, and Citizens Awareness Foundation was formed the very day that he was hired, right? MR. DE50UZA: Objection to form. THE WrIMM: You asked two cuestions. BY MR, SWEEIAPPLB: Q. Let me break it down for yon. You're the one who solicited, having Mr. Candler care work for a not -for -profit entity to make public records requests claims and lawsuits, right? A. No. 0. And he stayed at your home for a period of time in January, didn't he? A. Yeah, a day. Q. Than you put him up in a hotel, right? A. If he did, I don't know what hotel he stayed at. Q. Well, he used your funds while he was down hm, right, to live? A. When a guy works for yon, you usually prey his Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 167 1 Exhibit 6, the attorneys for Citizens Awareness 1 2 Foundation, Inc., which you claim to have no involvement 2 3 with... 3 4 A. Nome. 4 5 Q. And I'm going to give ym a chance to try to 5 6 retract your statement. 6 7 A. Lucky me. 7 8 0. Are you telling us under oath that you were 8 9 not involved in any of the activities of Citizens 9 10 Awareness Foundation other than loaning them money? 10 11 A. Other than loaning them money and retuning 11 12 Joel's e-mail. Yeah. A phone call. 12 13 Q. And we'll spend a little time on that when I 13 14 go through all of the connnications that I have 14 15 chronicled here, including your threat -- your threat 15 16 on -- let's go through than so I can give YOU verMLim 16 17 quotes. That will be the best way to do it, 17 is Mr. O'Boyle. 18 19 So it says in the lawsuit in Paragraph 10. 19 20 "Prior to February 17, 2014, Chandler filed hundreds of 20 21 lawsuits throughout Florida (including at least five in 21 22 this judicial district) relating to alleged violations 22 23 of the Public Records Act and Sunshine Laws." 23 24 Than he goes on in Paragraph 12. "Because of 24 25 Chandler's extensive and unique experience coinciding 25 Page 166 getting." And Fe's never called hack since. I've called him several times after that. Q. In fact, you made a demand of Mr. Chandler that if he didn't retract the e-mail, you were going to visit unpleasantness ug>on him, didn't you? A. No. He made that -- he states that in an e -mail. Q. You never said that? A. No. I never said that. Q. And the only reason you were talking to Mr. Chandler when he resigned from Citizens Awareness Foundation is because be asked you to? A. Nell, I really wanted to get what he stole back. Q. And what did he steal? A. Maley. Q. He stole money? A. Yes. Q. How mrh money did he steal? A. I think 15 or 25,000. I don't remember. Q. Woo did he steal it from? A. I guess -- what's the name of that commany? citizens Awareness? Q. And in Paragraph 10 of the Complaint, Page 168 with plaintiff's desire to prorate govemment transparency, then plaintiff actively sought out and communicated with Chandler regarding his possible employment with plaintiff." You're the one who personally solicited Mr. Chandler to work for an entity, and Citizens Awareness Foundation was formed the very day that he was hired, right? MR. DE50UZA: Objection to form. THE WrIMM: You asked two cuestions. BY MR, SWEEIAPPLB: Q. Let me break it down for yon. You're the one who solicited, having Mr. Candler care work for a not -for -profit entity to make public records requests claims and lawsuits, right? A. No. 0. And he stayed at your home for a period of time in January, didn't he? A. Yeah, a day. Q. Than you put him up in a hotel, right? A. If he did, I don't know what hotel he stayed at. Q. Well, he used your funds while he was down hm, right, to live? A. When a guy works for yon, you usually prey his Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 169 Page 171 1 expenses. 1 2 Q. He was working for yen, right? 2 3 A. Well, when I say "a guy works for you ", a guy 3 4 works -- I used the ccnpanies together and I shouldn't. 4 5 He needed a credit card in order to pay for a 5 6 Intel room. My secretary, Brenda, got him a credit 6 7 card. I've never seen it. 7 8 Q. But Citizens Awareness Foundatim wasn't even 8 9 formed for weeks after that. 9 10 A. That could be. 10 11 Q. He was working for you at the time, right? it 12 A. I don't think so, but... 12 13 0. And it says, "After several lengthy 13 14 discussions over a period of approximately two weeks, 14 15 plaintiff and Chandler entered into a memorandum of 15 16 understanding on February 17th.- 16 17 Who were those lengthy discussions with 17 is between plaintiff and Chandler? Was that Martin O'Boyle 16 19 or somebody else, Mr. O- Boyle? 19 20 A. It was with on one. It was Mr. Chandler, who 20 21 prepared the memorandum, is my understanding. I don't 21 22 think anybody changed it. 22 23 Q. well, it says "after several lengthy 23 24 discussions over a period of approximately two weeks, 24 25 plaintiff and Candler entered into a memorandum of 25 Pagc 170 understanding." Who, on behalf of the plaintiff, was having these crnmunications? A. Don't know, Q. Wasn't it you? A. No. Q. And one of the agreements that Mr. Chandler was required to specifically agree to between the alleged plaintiff and Mr. Chandler, was "Chandler will refer violations of open government laws encountered in the course of his duties to legal counsel approved by the Foundatim.^ Do you remember that being me of the terms of his employment? A. No, I do not. Q. Take a look at the lawsuit that was filed by Citizens Awareness Foundation, Inc. And is Mr. Ring still involved in that entity? A. I don't know. 0. And Ms. De larmartini, is she still involved in that entity? A. I don't know. Q. Didn't you direct that rams of people he clanged; that Mr. Chandler become the president back in June? A. Not that I recall. Page 172 MR. SWEECAPPLE: I think he is. I think he is Citizens Awareness Foundation. That is going to be part of my counterclaim. And when I go on to all the facts I have here, you will see In is Citizens Awareness Foundation and he is not telling me the truth in his deposition. MR. DESOOZA: Well, you're entitled to believe -- MR. SWEEPAPPLE: And that's what I'm going to do. I'm going to take discovery to find out if he is or not. And then you will decide on your awn. MR. SMITH: Exmse me. A counterclaim will be against Mr. O'Boyle persceally? MR. SWEEfAPPLE: Yes. And he is a plaintiff in this case personally. MR. SMITH: And it would be on behalf of the Town of Gulf Stream, which has nun been sued in this case by CAFI. MR. SWEEWPLE: It has also been sued by CAFI, and without Mr. Chandler's knowledge or approval, And Mr. O'Boyle and his secretary, it is alleged, have been filing public records requests alleging it's under CAFI when it's him personally. So please allow me to take my discovery, and than you'll be able to look at the sworn testimony Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 171 1 0. Did you have any discussions with anybody 1 2 where you determined who were going to be the officers 2 3 of this entity? 3 4 M. DESOM: Objection. Form. 4 5 THE WITNESS: I don't recall. 5 6 BY MR. SWMAPPLE: 6 7 Q. And so do you have any idea who these 7 8 conIersatims were with between the plaintiff and the -- 8 9 and Mr. Chandler where he agreed that he would refer 9 lO violations of open government laws encOUMLered in the 10 11 course of his duties to legal counsel approved by the it 12 Foundatim? 12 13 A. I don't know, 13 14 Q. Who was the legal counsel approved by the 14 15 Foundation? 15 16 A. I don't know. 16 17 Q. Well, how many lawsuits has Citizens Awareness 17 18 Foundation filed in the state of Florida? 18 19 MR. DESOUZA: Bob, he is here as Martin 19 20 O'Boyle. He is not here as Citizens Awareness 20 21 Foundation. As far as I know, he is not a 21 22 plaintiff in that lawsuit. It appears at this 22 23 point you're trying to get a free bite at the apple 23 24 doing discovery in actions where this guy is not 24 25 even a party, M. 25 Pagc 170 understanding." Who, on behalf of the plaintiff, was having these crnmunications? A. Don't know, Q. Wasn't it you? A. No. Q. And one of the agreements that Mr. Chandler was required to specifically agree to between the alleged plaintiff and Mr. Chandler, was "Chandler will refer violations of open government laws encountered in the course of his duties to legal counsel approved by the Foundatim.^ Do you remember that being me of the terms of his employment? A. No, I do not. Q. Take a look at the lawsuit that was filed by Citizens Awareness Foundation, Inc. And is Mr. Ring still involved in that entity? A. I don't know. 0. And Ms. De larmartini, is she still involved in that entity? A. I don't know. Q. Didn't you direct that rams of people he clanged; that Mr. Chandler become the president back in June? A. Not that I recall. Page 172 MR. SWEECAPPLE: I think he is. I think he is Citizens Awareness Foundation. That is going to be part of my counterclaim. And when I go on to all the facts I have here, you will see In is Citizens Awareness Foundation and he is not telling me the truth in his deposition. MR. DESOOZA: Well, you're entitled to believe -- MR. SWEEPAPPLE: And that's what I'm going to do. I'm going to take discovery to find out if he is or not. And then you will decide on your awn. MR. SMITH: Exmse me. A counterclaim will be against Mr. O'Boyle persceally? MR. SWEEfAPPLE: Yes. And he is a plaintiff in this case personally. MR. SMITH: And it would be on behalf of the Town of Gulf Stream, which has nun been sued in this case by CAFI. MR. SWEEWPLE: It has also been sued by CAFI, and without Mr. Chandler's knowledge or approval, And Mr. O'Boyle and his secretary, it is alleged, have been filing public records requests alleging it's under CAFI when it's him personally. So please allow me to take my discovery, and than you'll be able to look at the sworn testimony Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 1D 11 12 13 14 15 16 17 le 19 20 21 22 23 24 25 Page 173 of witnesses, and you'll be able to learn what has happened in this case; and then you'll cane to understand all the claims that we'll be bringing here, okay? So with regard -- MR. SMITH: Of course it world be nice if you'd bring them, before you -- MR. SWBEfAPPLE: With this gertlertz I don't want to bring anything until I have all my ducks in a row, and all the lawyers I'm working with feel the say way, Mr. Smith. I'm sure you can understand why, because he sues opposing lawyers. He sues people that say things. Mr. O'Boyle seems to sue anybody he can intimidate or bully. So I'm not filing anything until we have all of the discovery. And I'm going to take Mr. O'Boyle as many time and as log as I need to, and the rest of the witnesses, as long as I need to, and we are going to fully litigate all of the matters that involve be, his son, and his son's law firm. okay-, M. SMITH: S rry for the interruption. I don't need to be surprised. MR. SWEE171PPLE: So that's what we're doing. Please indulge me. 1 BY MR. SW= E173PLE: Pegc 174 2 Q. So in this lawsuit, can You tell me if -- if 3 there is any legal counsel that has been app roved by 4 alFI other than the O'Boyle Law Firm? 5 A. I have nothing to do with CAFI. I'll say it 6 again and I'm saying it the last time. If you ask me 7 again, I won't answer. 8 Q. All right. let's go through sate specifics, 9 then. 10 In January, your son, Ryan Witter and YOU met 11 with Mr. Qaandler and discussed in writing the forming 12 of an entity to bring public records requests to the 13 O'Boyle Law Firm, correct? 14 A. If you can show rte scethirg, I'il look at it 15 and answer you. If not, the answer is I don't recall. 16 Q. And at that time Mr. Chandler was, in fact, 17 staying at your hale; isn't that a fact? 18 A. If Mr. Chandler was staying at my h m,, I do 19 not recall. 20 Q. On January 27th, CAFI was incorporated, and 21 the board was designated to be William Ring, Denise De 22 Larmartini and Brenda Russell, correct? 23 A. I have nothing to do with CAFI, and I'm not 24 going to -- that's the last question I'm answering. 25 Q. Is CAR a tenant in any building that is owned 1 Page 175 by any entity that you control? 1 Ng, 176 MR. ➢NSXIF.A: Objection. Farm. 2 A. I'm not answering your question. 2 BY M. SW MPPLE: 3 0. Is CAFI paying rent to any entity that you 3 Q. Isn't that the case? 4 control? 4 A. I don't know. 5 A. I'm net going to answer anymore. 5 Q. Let me Show YOU what I'll mark as an exhibit 6 Q. CAFI 's address, sir, is listed as the same 6 for you. 7 address as Qxnmexce Group; are you aware of that? 7 (Defendant's Exhibit No. 7 was narked for 8 A. I know nothing about CAFI. 8 identification.) 9 Q. Weil, how is it that CAST -- isn't CAFL 9 BY MR. SWEETAPPLE: 10 occupying the same physical space as Lbmrerce Group, 10 Q. Let me show you a Florida Department of state 11 sir? 11 Division of Corporations printout for Airline Highway, 12 A. Not to my knowledge. 12 I,LC, that is a reinstatement. Date filed 6/21/2006. It 13 Q. Okay. Let's take a look. 13 says manager, Martin E. O'Boyle, 128D West Newport 14 Let's do it in the order I have it. It will 14 Center Drive. And it says the registered agent is 15 save us sore time. An entity by the name of Airline 15 Sheila L. O'Boyle, 23 North Hidden Harbor Drive, Gulf 16 Highway, LLC; are you involved in that lawsuit? In that 16 Stream, Florida 33483. Please take a look at that. 17 entity? 17 1280 West Ncwpert Center Drive is the address 18 A. I'm not sure, 18 that you gave me where the Come=s Group is located, 19 Q. And it has been propounding public records 19 right? 20 requests, correct? 20 A. Yes, sir. 21 M. DESOUM: He just said he doesn't know if 21 Q. And the entity that pus that property -- do 22 he has involvemnt. 22 you own the entity that owns that prcpetty.' 23 BY M. SWEEIABPLE: 23 A. I don't understand that question. 24 Q. Well, you're the manager of the company, 24 Q. Do u have an Ownership p interest in the 25 aren't you, sir? And your wife is the registered agent? 25 entity that owns 1280 West Newport Center Drive? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 178 A. I have no idea. Q. Managing member. It's an LIE. A. Managing member. Q. Do you knew what your title is in Airline Highway, LLC? A. I think I'm a member. Q. And what does this entity do? A. I don 't know. Q. Does it have any formal legal documents? MR. DESOU7A: Objection to form. THE WITNESS: I don't know. BY MR. SHEEPAPPLE: Q. Does it have any -- does it keep any records, corporate records? A. I don't handle that stuff. Q. Who handles that for this entity? A. Probably either our accountant or my secretary. Q. Which secretary? A. Brenda Russell. Q. So Brenda Russell is your secretary, and she in one of the directors of CAFI? A. I don't know if she is a director of CAFI. Q. I told you who the three directors are. A. 'That's what you told me. I don't believe you. Page 180 A. Whoever sent it to you. Q. Do you know who sent them? A. I have no idea. 0. ?Boat about M Aviation. Are you familiar -- MR. DESOM: Did you leave a copy of that no the table somewhere, or did you take it back? MR. SWELTAPPLE: Did I leave an exhibit or no? MR. D_SCOZA: I want to make Sure I'm going to get a set of exhibits when we get out of here. MR. SWEETAPPLS: Did we Mark it? You're right. Seven. Let me Mark this as 0. (Defendant's Exhibit No. B was narked for identification.) MR. SWEETAPPLE: I have copies of this one. NS. O'CONNOR: Did he give you the cover letter for that one, too? Is 7 with the -- MR. DES=: Seven is just -- MR. SWEETAPPLE: They can have the cover letter, too. MS. OIOONN7R: I gave him 7. BY MR. SWEEWPLE: 0. Neat is CHO Aviation, Mr. O'Boyle? A. It's a corporation. Q. And did you cause it to be formed? A. I don't knew that I did or not. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Pegc 179 i Page 77 1 1 A. I don'[ know. 1 2 Q. You don't know? 2 3 A. No, I don't know. 3 4 Q. Well -- and you don't knew the calms of the 4 5 entity that owns that property? 5 6 MR. DESOD?A: Objection to the form. MR. DESOUZA: Objection. Asked and answered. 6 7 BY MR. SWEETAPPLE: 7 S Q. Does Airline -- wbat is Airline Highway, W. 8 9 A. It's an LLC. 9 10 Q. What does it do? 10 11 A. I don't know. 11 12 Q. Does it own any aircraft? 12 13 A. No. 13 14 Q. You're the manager of the company. You don't 14 15 know what it does? 15 16 A. Where does it say I'm the manager? 16 17 Q. Doesn't it say you're the manager, 17 18 Mr. O'Boyle? 18 19 A. Not that I can see. Maybe you can show me. 19 20 Q. Okay. See where it says title "manager, 20 21 O'Boyle, Martin a. ?" 21 22 A. Where does it say "title manager ?" 22 23 Q. 'Title MORM." 23 24 A. Hw is that manager? 24 25 Q. What do you think that is? 25 Page 178 A. I have no idea. Q. Managing member. It's an LIE. A. Managing member. Q. Do you knew what your title is in Airline Highway, LLC? A. I think I'm a member. Q. And what does this entity do? A. I don 't know. Q. Does it have any formal legal documents? MR. DESOU7A: Objection to form. THE WITNESS: I don't know. BY MR. SHEEPAPPLE: Q. Does it have any -- does it keep any records, corporate records? A. I don't handle that stuff. Q. Who handles that for this entity? A. Probably either our accountant or my secretary. Q. Which secretary? A. Brenda Russell. Q. So Brenda Russell is your secretary, and she in one of the directors of CAFI? A. I don't know if she is a director of CAFI. Q. I told you who the three directors are. A. 'That's what you told me. I don't believe you. Page 180 A. Whoever sent it to you. Q. Do you know who sent them? A. I have no idea. 0. ?Boat about M Aviation. Are you familiar -- MR. DESOM: Did you leave a copy of that no the table somewhere, or did you take it back? MR. SWELTAPPLE: Did I leave an exhibit or no? MR. D_SCOZA: I want to make Sure I'm going to get a set of exhibits when we get out of here. MR. SWEETAPPLS: Did we Mark it? You're right. Seven. Let me Mark this as 0. (Defendant's Exhibit No. B was narked for identification.) MR. SWEETAPPLE: I have copies of this one. NS. O'CONNOR: Did he give you the cover letter for that one, too? Is 7 with the -- MR. DES=: Seven is just -- MR. SWEETAPPLE: They can have the cover letter, too. MS. OIOONN7R: I gave him 7. BY MR. SWEEWPLE: 0. Neat is CHO Aviation, Mr. O'Boyle? A. It's a corporation. Q. And did you cause it to be formed? A. I don't knew that I did or not. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Pegc 179 1 Q. So you don't knew who they are? 1 2 A. I just told you I know nothing about CAPI. 2 3 Q. You don't know that it's -- your secretary 3 4 Brenda Russell, your attorney /business partner, 4 5 Mr. Ring, and Ms. De Larmartini, who has been with you 5 6 for over 25 years, you don't know those are the three 6 7 people you appointed to run CAFI, allegedly? 7 8 MR. DESOD?A: Objection to the form. 6 9 BY MR. SWEEIAPPLE: 9 10 Q. You don't knew that? 30 11 A. You don't know what you're talking about, and 11 12 I'm not going to answer anymore. 12 13 Q. So since I don't know what I'm talking about, 13 14 can you tell Me what Airline Highway, LLC was formed to 14 15 do or what it does? 15 16 A. I already answered that question. 16 17 Q. You don't know? 17 18 A. I don't know. 18 19 Q. And what do you do for this company? 19 20 A. I don't think I do anything, but I don't know. 20 21 Q. Well, it has sent public records requests to 21 22 rte. Do you know why this ccapany or this LLC has sent 22 23 public records requests to me? 23 24 A. Because they like you. 24 25 Q. Okay. And wbo there likes me? 25 Page 178 A. I have no idea. Q. Managing member. It's an LIE. A. Managing member. Q. Do you knew what your title is in Airline Highway, LLC? A. I think I'm a member. Q. And what does this entity do? A. I don 't know. Q. Does it have any formal legal documents? MR. DESOU7A: Objection to form. THE WITNESS: I don't know. BY MR. SHEEPAPPLE: Q. Does it have any -- does it keep any records, corporate records? A. I don't handle that stuff. Q. Who handles that for this entity? A. Probably either our accountant or my secretary. Q. Which secretary? A. Brenda Russell. Q. So Brenda Russell is your secretary, and she in one of the directors of CAFI? A. I don't know if she is a director of CAFI. Q. I told you who the three directors are. A. 'That's what you told me. I don't believe you. Page 180 A. Whoever sent it to you. Q. Do you know who sent them? A. I have no idea. 0. ?Boat about M Aviation. Are you familiar -- MR. DESOM: Did you leave a copy of that no the table somewhere, or did you take it back? MR. SWELTAPPLE: Did I leave an exhibit or no? MR. D_SCOZA: I want to make Sure I'm going to get a set of exhibits when we get out of here. MR. SWEETAPPLS: Did we Mark it? You're right. Seven. Let me Mark this as 0. (Defendant's Exhibit No. B was narked for identification.) MR. SWEETAPPLE: I have copies of this one. NS. O'CONNOR: Did he give you the cover letter for that one, too? Is 7 with the -- MR. DES=: Seven is just -- MR. SWEETAPPLE: They can have the cover letter, too. MS. OIOONN7R: I gave him 7. BY MR. SWEEWPLE: 0. Neat is CHO Aviation, Mr. O'Boyle? A. It's a corporation. Q. And did you cause it to be formed? A. I don't knew that I did or not. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Pege 192 A. Okay. So... Q. What does this company do, Mr. O'Boyle? A. I don't think anything. Q. Does it own any planes? A. Not right this minute, no. 0. Did it own any places? A. I think it did. I'm rot sure if it did. I think it did. Q. What planes do you think it arced? A. I don't know. One of the four I told you about. Q. And are there any planes that you or an entity that you have an interest in, or that you have an officership in, has ever been used to pull banners? Or do you hire planes that you have no interest in? A. You asked a lot of questions than again. Q. When you have flown banners over the Palm Beach County Courthcuse during your daughter's case and appeal, did you hire out planes, or did you use planes that you had some ownership interest in? A. First of all, I'm not sure that it was during my daughter's case for the appeal. But I did not use any planes that I had. Q. So you hired planes there? A. To the extent I was responsible for running Page 184 Q. Does one of your other entities pay Brenda's salary? A. I think so. Q. Does Brenda serve as director of CAPI for free? A. I'm not going to answer a y questions about CAFI. Q. IOry is that? A. Because I know nothing about CFI, and anything I say is a guess and I'm told not to guess. Q. I'm going to see if I can help you in that regard, Mr. O'Boyle. A. Good. Good. (Defendant's Exhibit No. 9 was marked for identification.) BY MR. 6WEEWPLR: Q. Stop Dirty Goverment, I1,C. Are you familiar with that entity? A. The name, yes. Q. That's all you're familiar with is the name? A. That'a it, yes. Q. Can I see that when you're done? A. Sure. Q. Think you. It says you're the manager. It's been in existence since 2011. And do you know the Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page I Pose 183 1 Q. Its principal address is care of Commerce 1 2 Gawp, Inc. 2 3 A. Yes. 3 4 Q. Is it related to Commerce Group, Inc? 4 5 A. It has the same address. 5 6 Q. Are they a subsidiary or a related entity? 6 7 A. It has the same address. 7 8 Q. lhat's all you know? 8 9 A. That's it. 9 10 Q. And is CRO Aviation a tenant at that location? 10 11 A. I'm not really sure how to anskrr that 11 12 question, except that the address on all of our entities 12 13 that I have, that I'm involved in, in the corporate 13 14 governance is done out of 1280 West Newport Center 14 15 Drive. 15 16 Q. Does this company keen a corporate book with 16 17 minutes and have meetings? 17 18 A. I don't know. Is 19 Q. You're the president, secretary, treasurer, 19 20 right? 20 21 A. I don't know. 21 22 Q. Isn't that what this filing says? 22 23 A. What year is it? 23 24 Q. This says 2014. 4/28/2014 was the filed date, 24 25 so within the last four months. 25 Pege 192 A. Okay. So... Q. What does this company do, Mr. O'Boyle? A. I don't think anything. Q. Does it own any planes? A. Not right this minute, no. 0. Did it own any places? A. I think it did. I'm rot sure if it did. I think it did. Q. What planes do you think it arced? A. I don't know. One of the four I told you about. Q. And are there any planes that you or an entity that you have an interest in, or that you have an officership in, has ever been used to pull banners? Or do you hire planes that you have no interest in? A. You asked a lot of questions than again. Q. When you have flown banners over the Palm Beach County Courthcuse during your daughter's case and appeal, did you hire out planes, or did you use planes that you had some ownership interest in? A. First of all, I'm not sure that it was during my daughter's case for the appeal. But I did not use any planes that I had. Q. So you hired planes there? A. To the extent I was responsible for running Page 184 Q. Does one of your other entities pay Brenda's salary? A. I think so. Q. Does Brenda serve as director of CAPI for free? A. I'm not going to answer a y questions about CAFI. Q. IOry is that? A. Because I know nothing about CFI, and anything I say is a guess and I'm told not to guess. Q. I'm going to see if I can help you in that regard, Mr. O'Boyle. A. Good. Good. (Defendant's Exhibit No. 9 was marked for identification.) BY MR. 6WEEWPLR: Q. Stop Dirty Goverment, I1,C. Are you familiar with that entity? A. The name, yes. Q. That's all you're familiar with is the name? A. That'a it, yes. Q. Can I see that when you're done? A. Sure. Q. Think you. It says you're the manager. It's been in existence since 2011. And do you know the Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Pose 183 1 harmer places, they would hava been hired, yes. 1 2 Q. Vihere did you hire then frm? 2 3 A. I have no idea. 3 4 Q. Who did the hiring? 4 5 A. Michelle. The same person I told you last 5 6 time you asked. 6 7 Q. Do you know, which airport the planes were 7 8 hired from? 8 9 A. No. 9 10 Q. And who do you use now to fly tanners? 10 11 A. I think the same mopanry. I think. I'm act 11 12 sure. 12 13 Q. Do you know the nano of the company? 13 14 A. I don't. 14 15 Q. Who handles the banners you're doing 15 16 currently? 16 17 A. Probably Brenda. 17 1B Q. Brenda, the director of =7 18 19 A. Brenda Russell. 19 20 Q. Who is your secretary? 20 21 A. Yes. 21 22 Q. Aid who pays Brenda's salary? 22 23 A. I don't know. 23 24 Q. Does 3,FI pay Brenda's salary? 24 25 A. No. 25 Pege 192 A. Okay. So... Q. What does this company do, Mr. O'Boyle? A. I don't think anything. Q. Does it own any planes? A. Not right this minute, no. 0. Did it own any places? A. I think it did. I'm rot sure if it did. I think it did. Q. What planes do you think it arced? A. I don't know. One of the four I told you about. Q. And are there any planes that you or an entity that you have an interest in, or that you have an officership in, has ever been used to pull banners? Or do you hire planes that you have no interest in? A. You asked a lot of questions than again. Q. When you have flown banners over the Palm Beach County Courthcuse during your daughter's case and appeal, did you hire out planes, or did you use planes that you had some ownership interest in? A. First of all, I'm not sure that it was during my daughter's case for the appeal. But I did not use any planes that I had. Q. So you hired planes there? A. To the extent I was responsible for running Page 184 Q. Does one of your other entities pay Brenda's salary? A. I think so. Q. Does Brenda serve as director of CAPI for free? A. I'm not going to answer a y questions about CAFI. Q. IOry is that? A. Because I know nothing about CFI, and anything I say is a guess and I'm told not to guess. Q. I'm going to see if I can help you in that regard, Mr. O'Boyle. A. Good. Good. (Defendant's Exhibit No. 9 was marked for identification.) BY MR. 6WEEWPLR: Q. Stop Dirty Goverment, I1,C. Are you familiar with that entity? A. The name, yes. Q. That's all you're familiar with is the name? A. That'a it, yes. Q. Can I see that when you're done? A. Sure. Q. Think you. It says you're the manager. It's been in existence since 2011. And do you know the Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 rage 195 Page 196 I purpose of this entity? 1 it be formed. 2 A. Yes. It is to deal with the govenunent and 2 Q. Who formed this entity for you? which person? 3 hopefully with the name to bring them down a notch or 3 A. Not a lawyer. 4 two. 4 Q. Who would you have had in your office do it? 5 Q. Is it for purposes of filing public records 5 A. I really can't say. 6 requests? 6 Q. Was it the same person that formed CAFI? 7 A. Not necessarily. It may, but the sane Way as 7 A. T think -- CAFI was not formed. I don't know B any entity. 8 who formed CAFI, but I can't answer your question. 9 Q. Has it filed public records requests? 9 Q. And has that entity issued public records 10 A. I think it has, but I don't know for sure. 10 requests? 11 Q. Do you know how many it has filed? 11 A. That entity, I think it has. 12 A. I have -- just as I said, I think it has, but 12 Q. And has it been a plaintiff in public records 13 I `Can't know for sure so how could I know how many are 13 litigation? 14 filed. 14 A. If it has, I know nothing about it. 15 Q. And do you know if it's filed any lawsuits, 15 Q. And are you actively managing this cam uy? 16 become a plaintiff in any lawsuits? 16 A. This crngany is -- we're hoping it will be a 17 A. Not to my knwledgs, but I don't know. 17 big company, and it's in its infancy. 18 Q. And let me show you the next one I'm going to 18 Q. What are you intending this company to became 19 mark, which is Our Public Records, 1M. 19 big in? 20 (Defendant's enhibit No. 10 was marked for 20 A. Public records. 21 identification.) 21 Q. Filing public records lawsuits? 22 BY MR, SWEHIAPPU: 22 A. No. Educating the public about public 23 Q. Did you cause Dur Public Records, LLC to be 23 records. 24 formed? 24 Q. And can I see that? 25 A. I think -- if I didn't, I certainly directed 25 A. Same. Page 187 Page IBB 1 Q. What have you done in that regard with regard 1 A. I don't know. If we have, we have. 2 to this entity, Our Public Records, LLC? 2 Q. You don't knw? 3 A. We have a website. 3 A. No. 4 You're welcI to look at it. It is Our 4 Q. Did you ask for any documents along with Stop 5 Public Records.com. If you want, we can take a few 5 Dirty Government List you wanted? 6 minute break, you can look at it. I think you would be 6 MR. DESOUZA: Objection to form. 7 really impressed. I know you want to thank me, 7 THE WITNESS: Not that I can think of. 8 Q. Commerce Group GP, Inc. B BY MR. SWEEMPPLE: 9 (Defendant's Exhibit No. 11 was marked for 9 Q. And what does Commerce Group GP, Inc„ do? 10 identification.) 10 A. I don't know. 11 BY MR. SWEEIAPPLE: 11 Q. Why was it formed? 12 Q. Who formed this, Mr. O'Boyle? Which 12 A. I don't know. It was formed almost 20 years 13 individual? 13 ago. 14 A. Don't know. 14 Q. It has been in existence for 20 years? 15 Q. And it says that your wife is a registered 15 A. Yeah. 16 agent, correct? 16 Q. What has it done in the last 20 years? 17 A. That's what it says. 17 A. I don't know. 18 Q. It says are you the director, president, 18 Q. Has it occupied 1260 West Newport Center 19 treasurer, right? 19 Drive? 20 A. Well, it says I'm DPT, whatever that is. 20 A. Yeah. It occupies that building and three 21 Q. Isn't that director, president, treasurer? 21 more like it. 22 A. I don't know. You tell me. 22 Q, It is in three other buildings? 23 Q. And Stop Dirty Government and you have filed a 23 A. No, not at all. 24 lawsuit in Palm Beach Oounty, haven't you? A public 24 Q. Just this building? 25 records lawsuit? 25 A. No. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 190 Q. And what does it do? A. Pardon? Q. What does it do? A. I daft know. Q. Is it engaged in mooeynecfng? A. I don't know. Q. Who forced it? A. I don't know. Q. What about Asset Enhancement, Inc., also showing an address of 1280 Newport Center Drive. What is that entity, sir? (Defendant's Exhibit No. 13 was marked for identification.) THE WrINESS: Shin is an entity that was incorporated 40 years ago, and I have m idea what it does. BY M. SWEEPAPPLE; Q. Okay. So it's been in business for 40 years, and your wife is a registered agent, and you are the director, president, treasurer, right? A. That's what you say. Q. That's what the document says. A. That's what you say. Q. Okay. And you don't know what this company does, right? Page 192 A. I'm -- yeah. Q. And is that a company that you're actively involved in? A. I don't know. Q. What does Comeme Group, Inc., do? A. I don't know. Q. Are you aware that you're listed as the DIn in the Department of State records? A. No. Q. And the address is the same, 1280 Newport Center Drive. A. That's when we do our corporate governance work. Q. Okay. Is Camerae Group, Inc., your main business? A. No. Q. I'm not going to mark Commerce Group, Inc. I think it's pretty much the sane as the others, Iet's go to CAFI. Now -- so your son, your son's law firm leases 1286 West Newport Center Drive, right? A. Yes, Q. And that is just for his law firm, right? A. I don't know. MR. DE5007A: Objection. Form. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Peg, 189 1 Q. Does it have a lease? 1 2 A. It has that address for the sole purpose of -- 2 3 the young lady who handles cur corporate governance is 3 4 there. So to have the forms made elsewhere is not a 4 5 very mart thing to do. So we mail them there. Ste 5 6 gets them, and she files whatever forms are necessary to 6 7 keep them current and in good standing. 7 8 Q. Is this a company that is engaged in business? 8 9 A. I don't know. 9 10 Q. Do you know if it files tax returns? 10 11 A. I don't know. 11 12 Q. Do you know if it has incom? 12 13 A. I don't know. 13 14 Q. Who would know that? 14 15 A. I don't know. 15 16 Q. Who is your accountant? 16 17 A. I don't know. 17 SB Q. And OC Acquisition Cmpmy. 18 19 (Defendant's Exhibit No. 12 was marked for 19 20 identification.) 20 21 BY NR. SWEETAPPLB: 21 22 Q. Let's mark this as next. 22 23 What is CC Acquisition Crnpany, Yx. O'Boyle? 23 24 A. I think it's a corporation by Commerce Gp, 24 25 Inc. 25 Page 190 Q. And what does it do? A. Pardon? Q. What does it do? A. I daft know. Q. Is it engaged in mooeynecfng? A. I don't know. Q. Who forced it? A. I don't know. Q. What about Asset Enhancement, Inc., also showing an address of 1280 Newport Center Drive. What is that entity, sir? (Defendant's Exhibit No. 13 was marked for identification.) THE WrINESS: Shin is an entity that was incorporated 40 years ago, and I have m idea what it does. BY M. SWEEPAPPLE; Q. Okay. So it's been in business for 40 years, and your wife is a registered agent, and you are the director, president, treasurer, right? A. That's what you say. Q. That's what the document says. A. That's what you say. Q. Okay. And you don't know what this company does, right? Page 192 A. I'm -- yeah. Q. And is that a company that you're actively involved in? A. I don't know. Q. What does Comeme Group, Inc., do? A. I don't know. Q. Are you aware that you're listed as the DIn in the Department of State records? A. No. Q. And the address is the same, 1280 Newport Center Drive. A. That's when we do our corporate governance work. Q. Okay. Is Camerae Group, Inc., your main business? A. No. Q. I'm not going to mark Commerce Group, Inc. I think it's pretty much the sane as the others, Iet's go to CAFI. Now -- so your son, your son's law firm leases 1286 West Newport Center Drive, right? A. Yes, Q. And that is just for his law firm, right? A. I don't know. MR. DE5007A: Objection. Form. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 191 1 A. Right. 1 2 Q. And all these cmpanies that you don't know 2 3 what they do, who manages it? Does someone manage these 3 4 caipanies for you? 4 5 A. Our accountants deal with them, and I don't 5 6 deal with then at all. 6 7 Q. And are your accountants in-house? 7 E A. No, g 9 Q. so who -- what are the names of the 9 10 accountants that deal with these? 10 11 A. 1 don't know. 11 12 Q. You really don't know your accountant's name? 12 13 A. I really don't know. 13 14 Q. You don't know any of your accountants' names? 14 15 A. Plym is one of them. 15 16 Q. What's his last name? 16 17 A. Flynn. 17 18 Q. P -1 -- 16 19 A. I think it is y -n -n. 19 20 Q. WTnre is he located? 20 21 A. Roanoke, Virginia. 21 22 Q. Wo are the accountants for CAM 22 23 A. I don't know. 23 24 Q. And what about Commerce Group, Inc? Is that a 24 25 company you're familiar with? i 25 Page 190 Q. And what does it do? A. Pardon? Q. What does it do? A. I daft know. Q. Is it engaged in mooeynecfng? A. I don't know. Q. Who forced it? A. I don't know. Q. What about Asset Enhancement, Inc., also showing an address of 1280 Newport Center Drive. What is that entity, sir? (Defendant's Exhibit No. 13 was marked for identification.) THE WrINESS: Shin is an entity that was incorporated 40 years ago, and I have m idea what it does. BY M. SWEEPAPPLE; Q. Okay. So it's been in business for 40 years, and your wife is a registered agent, and you are the director, president, treasurer, right? A. That's what you say. Q. That's what the document says. A. That's what you say. Q. Okay. And you don't know what this company does, right? Page 192 A. I'm -- yeah. Q. And is that a company that you're actively involved in? A. I don't know. Q. What does Comeme Group, Inc., do? A. I don't know. Q. Are you aware that you're listed as the DIn in the Department of State records? A. No. Q. And the address is the same, 1280 Newport Center Drive. A. That's when we do our corporate governance work. Q. Okay. Is Camerae Group, Inc., your main business? A. No. Q. I'm not going to mark Commerce Group, Inc. I think it's pretty much the sane as the others, Iet's go to CAFI. Now -- so your son, your son's law firm leases 1286 West Newport Center Drive, right? A. Yes, Q. And that is just for his law firm, right? A. I don't know. MR. DE5007A: Objection. Form. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Pagc 194 No. 15. Have you ever seen No. 14 or No. 15 before today? (Defendant's Exhibit No. 14 was marked for identification.) (Defendant's Exhibit No. 15 was marked for identification.) BY MR. SWEEfAPFIE: Q. Have you ever seen No. 24 and No. 15 before? MR. DESOM: Can I see these? I assume there is only one copy? MR. SWEE£APPLE: Let me see if I have more. I think that's the only one I have of that. MR. DESOM: For my own purposes, did you say where this MIS came from? MR. SWEEPAPPLE: I have not said that. I'm asking if he recognizes it. MR. DE.SCUM: Okay. I wasn't sure if you said that. Can I ask you to read the pending question back? MR. SWEZTTAPPLE: Sure. Can you read it back? (A portion of the record was read by the reporter.) MR. DESW?A: I'll object to form on the ccaptxmd nature of it. Page 196 A. No. 0. You fund that law firm, don't you? A. I phone it? Q. Fund it. And you pay lawyers' salaries directly, don't you? A. You mean -- Q. Through your entities; you and through your entities you fund the -- A. You going to let me answer or not? Q. Pardon? A. Do you want to let me answer or not? Q. I'm rephrasing it for you. You or your entities fund the O'Boyle law Firm through making loans and by making direct payments to lawyers, don't you? A. No. MR. DE5O0ZA: Objection. Form. BY MR. SWEEPAPPIE: 0. And is the Citizens Awareness Foundation located in the same address as your son's law firm? A. Not to my knowledge. Q. Is the Citizens Awareness Foundation located in the building that your entity owns at 1280 West Newport Center Drive? A. I'm not answering anymore questions on Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 193 1 BY MR. SWMAPPLE: 1 2 Q. Is there any another businesses that leases 2 3 that space? 3 4 A. You asked me, you said that's leased. 4 5 Q. 1286 west Newport Center Drive, you say 5 6 there's a door between that space and your offices, 6 7 right? Your businesses? 7 8 A. That's correct. 8 9 Q. And you told me that CAFI is not located in 9 10 your son's law office space, correct? 1D 11 A. That's correct. 11 12 0. And let me show you this statement of change 12 13 of registered office, or registered agent, for both 13 14 corporations showing the O'Boyle Law Firm is at 1286 14 15 West Newport Center Drive. And this printout is for 15 16 Citizens Awareness Foundation, Inc., with the same 16 17 address, 1286 West Newport Center Drive, Deerfield 17 38 Beach, Florida 33432. And then the help line is 18 19 888- 030 -3769. 19 20 I'm ping to mark these as the next two 20 21 exhibits and ask if you've ever seen either of them 21 22 before. 22 23 I'm going to make the stare. t of change of 23 24 registered office No. 14; and the sheet that says the 24 25 Citizens Awareness Foundation change of registered agent 25 Pagc 194 No. 15. Have you ever seen No. 14 or No. 15 before today? (Defendant's Exhibit No. 14 was marked for identification.) (Defendant's Exhibit No. 15 was marked for identification.) BY MR. SWEEfAPFIE: Q. Have you ever seen No. 24 and No. 15 before? MR. DESOM: Can I see these? I assume there is only one copy? MR. SWEE£APPLE: Let me see if I have more. I think that's the only one I have of that. MR. DESOM: For my own purposes, did you say where this MIS came from? MR. SWEEPAPPLE: I have not said that. I'm asking if he recognizes it. MR. DE.SCUM: Okay. I wasn't sure if you said that. Can I ask you to read the pending question back? MR. SWEZTTAPPLE: Sure. Can you read it back? (A portion of the record was read by the reporter.) MR. DESW?A: I'll object to form on the ccaptxmd nature of it. Page 196 A. No. 0. You fund that law firm, don't you? A. I phone it? Q. Fund it. And you pay lawyers' salaries directly, don't you? A. You mean -- Q. Through your entities; you and through your entities you fund the -- A. You going to let me answer or not? Q. Pardon? A. Do you want to let me answer or not? Q. I'm rephrasing it for you. You or your entities fund the O'Boyle law Firm through making loans and by making direct payments to lawyers, don't you? A. No. MR. DE5O0ZA: Objection. Form. BY MR. SWEEPAPPIE: 0. And is the Citizens Awareness Foundation located in the same address as your son's law firm? A. Not to my knowledge. Q. Is the Citizens Awareness Foundation located in the building that your entity owns at 1280 West Newport Center Drive? A. I'm not answering anymore questions on Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 195 1 BY M. SWEE111PPLE: 1 2 Q. Have you seen No. 14 before? 2 3 A. No. 3 4 Q. Have you seen No. 15 before? 4 5 A. No. 5 6 Q. Do you know who Ryan Witmer is? 6 7 A. Yes. 7 8 Q. And he has left the O'Boyle law Firm; has he 8 9 not? 9 10 A. He has. 10 11 Q. Do you know why? 11 12 A. Yes. 12 13 Q. land what did he tell you? 13 14 A. He is in -- before he came here, he was 14 15 supposed to p and be a lawyer up in New York State. He 15 16 Was supposed to be a partner with a fellow up there. 16 17 And they -- Matt -- I forget his last name -- and Matt 17 18 had a great deal of difficulty and was delayed for about 18 19 a year, and getting a character witness to approve him. 19 20 So Ryan came to work with us, and then one day he said 20 21 he wants to do imnigration work. 21 22 Q. So he said to -us-, you mean you and Jonathan? 22 23 A. Jonathan, not me. He didn't tell me. 23 24 Q. You actually are involved in the overall law 24 25 firm, aren't you? 25 Pagc 194 No. 15. Have you ever seen No. 14 or No. 15 before today? (Defendant's Exhibit No. 14 was marked for identification.) (Defendant's Exhibit No. 15 was marked for identification.) BY MR. SWEEfAPFIE: Q. Have you ever seen No. 24 and No. 15 before? MR. DESOM: Can I see these? I assume there is only one copy? MR. SWEE£APPLE: Let me see if I have more. I think that's the only one I have of that. MR. DESOM: For my own purposes, did you say where this MIS came from? MR. SWEEPAPPLE: I have not said that. I'm asking if he recognizes it. MR. DE.SCUM: Okay. I wasn't sure if you said that. Can I ask you to read the pending question back? MR. SWEZTTAPPLE: Sure. Can you read it back? (A portion of the record was read by the reporter.) MR. DESW?A: I'll object to form on the ccaptxmd nature of it. Page 196 A. No. 0. You fund that law firm, don't you? A. I phone it? Q. Fund it. And you pay lawyers' salaries directly, don't you? A. You mean -- Q. Through your entities; you and through your entities you fund the -- A. You going to let me answer or not? Q. Pardon? A. Do you want to let me answer or not? Q. I'm rephrasing it for you. You or your entities fund the O'Boyle law Firm through making loans and by making direct payments to lawyers, don't you? A. No. MR. DE5O0ZA: Objection. Form. BY MR. SWEEPAPPIE: 0. And is the Citizens Awareness Foundation located in the same address as your son's law firm? A. Not to my knowledge. Q. Is the Citizens Awareness Foundation located in the building that your entity owns at 1280 West Newport Center Drive? A. I'm not answering anymore questions on Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 198 A. That's fine. Q. On April 1, are you aware whether or not your son offered to provide legal counsel to Mr. Chandler and handled one of his personal Florida public records requests cases? A. No. Q. Are you aware whether or mt in March and April Ms. De Iarmartini was present telephonically for law office administration meetings while she was on the board of CAFI, and she went through the entire list of all O'Boyle Law Firm cases while Mr. Chandler was present? MR. DESOI?LA: Object to the form. THE WITNESS: I can't imagine she would say that, but... BY MR. SWEETAPPLE: Q. Are you aware that on April 14, your son wrote (handler and advised him that he was assigning a Florida case to himself to handle? A. Why don't you show me doczmnts rather than just flapping your lips. Q. well, I see from this lawsuit that apparently you are saying -- the lawsuit alleges that Mr. Chandler deleted all of the -- or deleted CAFI e- mails. Is that accurate? Page20O A. No. Q. -- to Mr. Chandler and ask him to please help in getting all of the records to WI back to you De Iarmartini so that cases could be filed? A. As I told you before, Mr. Chandler resigned at the earlier part of June. He left a hag, and a letter of resignation. My secretary called me. She said, Joel wants You to call him. I tried to call him moments later. I didn't get him. Either that night or the next day I did get a hold of him. And what he said is, "Everything you need is in that hag." And I -- I wasnIt sure if he was even in Florida, as I recall. So that's what I can tell you about the e-mail. Q. Didn't you write him can July 2nd and copy Me. De larrrartinf and Mr. Ring, subject Joel Chandler. And you wrote Joel Chandler and you indicated that the office, ms: office and the law office are stuck in quicksand sime they can't gain access to certain files. And then you went on to say, "It would sure be helpful if you could get them through this, so they could access and use the data. I also understand there are new cases for the month of June that need to be accessed. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 197 1 Citizens Awareness. 1 2 Q. And on February 5th, did you tell Mr. Chandler 2 3 to send all litigation to the O'Boyle Law Firm or you 3 4 will cot off the flow of money? 4 5 MR. SMITH: Cbject to the form. 5 6 1116 WITNESS: Not that I know of. 6 7 BY MR. SWERTAPPLE: 7 8 Q. On March 22nd, did Mr. Ring and Ms. B 9 De Larmartini insist that all cases from Citizens 9 10 Awareness Fund he sent to the O'Boyle Law Firm? 10 11 MR. DESCM: Object to the fcrn. 11 12 THE WITNESS: I'm not going to answer that 12 13 question on the attoroey- client privilege. kid 13 14 I've told you, and this is the last tine I'm 14 15 telling you, I'm not going to answer any questions 15 16 on Citizens Awareness Foundation. I have no 16 17 knowledge of that corporation and I'm mt going to 17 18 continually go through this. So this ends right 18 19 here. 19 20 BY MR. SWEETAPPLE: 20 21 Q. Mr. O'Boyle, I have to ask the questions on a 21 22 one by one basis. 22 23 A. You ask me, I'm not going to answer. 23 24 Q. You decide that on each question basis and the 24 25 judge will decide if I'm going to get an answer or mt. 25 Page 198 A. That's fine. Q. On April 1, are you aware whether or not your son offered to provide legal counsel to Mr. Chandler and handled one of his personal Florida public records requests cases? A. No. Q. Are you aware whether or mt in March and April Ms. De Iarmartini was present telephonically for law office administration meetings while she was on the board of CAFI, and she went through the entire list of all O'Boyle Law Firm cases while Mr. Chandler was present? MR. DESOI?LA: Object to the form. THE WITNESS: I can't imagine she would say that, but... BY MR. SWEETAPPLE: Q. Are you aware that on April 14, your son wrote (handler and advised him that he was assigning a Florida case to himself to handle? A. Why don't you show me doczmnts rather than just flapping your lips. Q. well, I see from this lawsuit that apparently you are saying -- the lawsuit alleges that Mr. Chandler deleted all of the -- or deleted CAFI e- mails. Is that accurate? Page20O A. No. Q. -- to Mr. Chandler and ask him to please help in getting all of the records to WI back to you De Iarmartini so that cases could be filed? A. As I told you before, Mr. Chandler resigned at the earlier part of June. He left a hag, and a letter of resignation. My secretary called me. She said, Joel wants You to call him. I tried to call him moments later. I didn't get him. Either that night or the next day I did get a hold of him. And what he said is, "Everything you need is in that hag." And I -- I wasnIt sure if he was even in Florida, as I recall. So that's what I can tell you about the e-mail. Q. Didn't you write him can July 2nd and copy Me. De larrrartinf and Mr. Ring, subject Joel Chandler. And you wrote Joel Chandler and you indicated that the office, ms: office and the law office are stuck in quicksand sime they can't gain access to certain files. And then you went on to say, "It would sure be helpful if you could get them through this, so they could access and use the data. I also understand there are new cases for the month of June that need to be accessed. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 199 1 MR. DESOM: Which lawsuit are we talking 1 2 about? 2 3 MR. SWERMLE: Talking about the suit, CAFI 3 4 against Chandler. 4 5 MR. DESCU7A: So you're falling about 5 6 Defendant's Exhibit 6 for clarity of the record? 6 7 MR. SWE6rAPPLE: Six. Yes. 7 B MR. DESOM: And the question? a 9 THE WITNESS: I ]mow nothing about CAFI. And 9 10 let me say it 100 times in a row and that way we 10 11 can save you all this time. 21 12 BY PSI. SWEETAPPLE: 12 13 Q. You wrote Mr. Chandler and asked him to get 13 14 you the records for CAFI -- 14 15 A. let me see it. 15 16 Q. -- didn't you, sir? 16 17 A. Let me see them. 17 16 Q. I want to know whether you know. 18 19 A. Let's see them. 19 20 Q. Mr. O'Boyle. 20 21 A. Let's see them, 21 22 Q. You 're going to see them. 22 23 A. Iet's see them. 23 24 Q. You're going to see them, Mr. O'Boyle. 24 25 Believe me, you're going to see them. Did you write -- 25 Page 198 A. That's fine. Q. On April 1, are you aware whether or not your son offered to provide legal counsel to Mr. Chandler and handled one of his personal Florida public records requests cases? A. No. Q. Are you aware whether or mt in March and April Ms. De Iarmartini was present telephonically for law office administration meetings while she was on the board of CAFI, and she went through the entire list of all O'Boyle Law Firm cases while Mr. Chandler was present? MR. DESOI?LA: Object to the form. THE WITNESS: I can't imagine she would say that, but... BY MR. SWEETAPPLE: Q. Are you aware that on April 14, your son wrote (handler and advised him that he was assigning a Florida case to himself to handle? A. Why don't you show me doczmnts rather than just flapping your lips. Q. well, I see from this lawsuit that apparently you are saying -- the lawsuit alleges that Mr. Chandler deleted all of the -- or deleted CAFI e- mails. Is that accurate? Page20O A. No. Q. -- to Mr. Chandler and ask him to please help in getting all of the records to WI back to you De Iarmartini so that cases could be filed? A. As I told you before, Mr. Chandler resigned at the earlier part of June. He left a hag, and a letter of resignation. My secretary called me. She said, Joel wants You to call him. I tried to call him moments later. I didn't get him. Either that night or the next day I did get a hold of him. And what he said is, "Everything you need is in that hag." And I -- I wasnIt sure if he was even in Florida, as I recall. So that's what I can tell you about the e-mail. Q. Didn't you write him can July 2nd and copy Me. De larrrartinf and Mr. Ring, subject Joel Chandler. And you wrote Joel Chandler and you indicated that the office, ms: office and the law office are stuck in quicksand sime they can't gain access to certain files. And then you went on to say, "It would sure be helpful if you could get them through this, so they could access and use the data. I also understand there are new cases for the month of June that need to be accessed. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Pegc 202 THE WITNESS: Boy, Mr. Sweetapple, that's great. You're going to bankrupt this city. BY MR. SWEEIAPPLE: Q. Mr. O'Boyle, that only appears to be your goal, not mine. A. It's net mine, but I'm going to watch you do it. Q. All right. And you put your son in a law office in Broward Carty and called it the O'Boyle Law Firm before he even had a license to practice law in the state, right? MR. DESOUZA: Objection. Form. THE WITNESS: When you say "right", you say it with no basis whatsoever. BY MR. SWEETAPPLE: Q. Didn't you? A. You're not an honorable man, so I'm not going to answer those kind of questions, You got something to show me, show me. Q. Your am has been Working full -time out of the O'Boyle law office since it opened in Broward County and living at your tome full -time, correct, Mr. O'Boyle? A. No, it's not correct. And you have no idea what you're talking about. Q. Okay. Are you aware that he listed in Page 204 Q. And you were in such a rush to have your O'Boyle Law Firm, that you actually put your son in a position where you opened tip an office called the O'Boyle law Firm in Broward County, Florida, before he became a Florida lawyer. MR. DESOUZA: Object to form. He is not answering these questions. Why don't you ask him something not argumentative or harassing. THE WITNESS: You're just talking nonsense. BY ME. SWE'oTAPFLE: Q. Well, I guess that's what you all it, Mr. O'Boyle. A. You want to tell me when I impregnated my Wife? Q. Well -- MR. SMITH: Marty. MR. DESOUZA: You don't need to engage him in this type of stuff, Marty. Let him be the one that is harassing and making ridiculous questions. BY MR. SWEETAPPLE: Q. You put your am in the position of engaging in unauthorized practice of law, because you solicited him to actually participate in your public records litigation here in Florida. MR. DESM: Objection. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Puge201 1 'As to the new cases, Bill would really like 1 2 to get those cases to the attorneys as soon as possible. 2 3 A temporary solution would be for you to send the cases 3 4 to Denise in the fort which has been previously used. 4 5 That way I can access them and disseminate them," 5 6 Isn't that what you wrote to Mr. anandler on 6 7 July 2nd, 20147 7 8 A. Can I see? 8 9 Q. No. I want to know if you remember that. 9 10 A. I don't memorize things. 10 11 Q. Does that refresh your recollection in any 11 12 way? 12 13 A. I'd have to see the e-mail. 13 14 Q. Okay. 14 15 MR. SMITH: You don't want to show him the 15 16 document? 16 17 MR. SWEEMPLB: He'll see it when he gets the 17 is lawsuit we're filing. 18 19 MR. DESOUZA: The phantom, lawsuit we've been 19 20 talking about for the past 3 or 4 months? 20 21 FR. SW=PLE: No, there is no phantom 21 22 lawsuits. We've been working on various lawsuits 22 23 for about two mouths, I would say. And I certainly 23 24 wanted to hear Mr. O'Boyle's testimmy before we 24 25 filed it, and I'm certainly glad I did. 25 Pegc 202 THE WITNESS: Boy, Mr. Sweetapple, that's great. You're going to bankrupt this city. BY MR. SWEEIAPPLE: Q. Mr. O'Boyle, that only appears to be your goal, not mine. A. It's net mine, but I'm going to watch you do it. Q. All right. And you put your son in a law office in Broward Carty and called it the O'Boyle Law Firm before he even had a license to practice law in the state, right? MR. DESOUZA: Objection. Form. THE WITNESS: When you say "right", you say it with no basis whatsoever. BY MR. SWEETAPPLE: Q. Didn't you? A. You're not an honorable man, so I'm not going to answer those kind of questions, You got something to show me, show me. Q. Your am has been Working full -time out of the O'Boyle law office since it opened in Broward County and living at your tome full -time, correct, Mr. O'Boyle? A. No, it's not correct. And you have no idea what you're talking about. Q. Okay. Are you aware that he listed in Page 204 Q. And you were in such a rush to have your O'Boyle Law Firm, that you actually put your son in a position where you opened tip an office called the O'Boyle law Firm in Broward County, Florida, before he became a Florida lawyer. MR. DESOUZA: Object to form. He is not answering these questions. Why don't you ask him something not argumentative or harassing. THE WITNESS: You're just talking nonsense. BY ME. SWE'oTAPFLE: Q. Well, I guess that's what you all it, Mr. O'Boyle. A. You want to tell me when I impregnated my Wife? Q. Well -- MR. SMITH: Marty. MR. DESOUZA: You don't need to engage him in this type of stuff, Marty. Let him be the one that is harassing and making ridiculous questions. BY MR. SWEETAPPLE: Q. You put your am in the position of engaging in unauthorized practice of law, because you solicited him to actually participate in your public records litigation here in Florida. MR. DESM: Objection. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 203 1 Pennsylvania his business phone numher was his all 1 2 phone number, his 561 all phone number? 2 3 A. Ah. He did that? 3 4 Q. Yes. And are you aware that -- 4 5 A. What a terrible thing. 5 6 Q. kid are you aware from your all phone records 6 7 you can tell where every phone call was made or 7 8 received? 8 9 A. An I aware? No. 9 10 Q. And has mister -- does your son reside in New 10 11 Jersey? 11 12 A. You ask him that. 12 13 Q. Do you know if he has a voter registration in 13 14 New Jersey? 14 15 A. I think he does. 15 16 Q. And a driver's license in New Jersey? 16 17 A. I think be does. 17 18 Q. And that's where he resides? 18 19 A. I think he does. 19 20 Q. And has he been working full -time in your 20 21 offices in Fort Lauderdale? 21 22 A. I don't think so. 22 23 Q. And was he ever a partner with Mr. Witmer with 23 24 regard to the O'Boyle Law Firm? 24 25 A. I have no idea. 25 Pegc 202 THE WITNESS: Boy, Mr. Sweetapple, that's great. You're going to bankrupt this city. BY MR. SWEEIAPPLE: Q. Mr. O'Boyle, that only appears to be your goal, not mine. A. It's net mine, but I'm going to watch you do it. Q. All right. And you put your son in a law office in Broward Carty and called it the O'Boyle Law Firm before he even had a license to practice law in the state, right? MR. DESOUZA: Objection. Form. THE WITNESS: When you say "right", you say it with no basis whatsoever. BY MR. SWEETAPPLE: Q. Didn't you? A. You're not an honorable man, so I'm not going to answer those kind of questions, You got something to show me, show me. Q. Your am has been Working full -time out of the O'Boyle law office since it opened in Broward County and living at your tome full -time, correct, Mr. O'Boyle? A. No, it's not correct. And you have no idea what you're talking about. Q. Okay. Are you aware that he listed in Page 204 Q. And you were in such a rush to have your O'Boyle Law Firm, that you actually put your son in a position where you opened tip an office called the O'Boyle law Firm in Broward County, Florida, before he became a Florida lawyer. MR. DESOUZA: Object to form. He is not answering these questions. Why don't you ask him something not argumentative or harassing. THE WITNESS: You're just talking nonsense. BY ME. SWE'oTAPFLE: Q. Well, I guess that's what you all it, Mr. O'Boyle. A. You want to tell me when I impregnated my Wife? Q. Well -- MR. SMITH: Marty. MR. DESOUZA: You don't need to engage him in this type of stuff, Marty. Let him be the one that is harassing and making ridiculous questions. BY MR. SWEETAPPLE: Q. You put your am in the position of engaging in unauthorized practice of law, because you solicited him to actually participate in your public records litigation here in Florida. MR. DESM: Objection. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 g 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 205 MR. SMI7A: Objection, MR. TAYLOR: Objection. MR. DESOM: I'm instructing the witness not to answer at this point. if you want to ask -- IS. SWEEIAPPLE: In fact. MR. DESCPAA: -- questions that are not closings and argum:entive, that is fine. BY MR. SAF.El'APPLE: 0. In fact Mr. Giovani Mesa complained to Mr. chandler in writing that Jonathan O'Boyle had drafted cases and filed then in Mesa's Pane without Mesa's knowledge or consent, correct? Are you aware of that? MR. SITH: Objection. Argumentative. BY MR. SWEEfAPIW: Q. Are you aware whether or not -- on 4/28/2014 Mr. Giovani Mesa complained in writing to Chandler that Jonathan O'Boyle was drafting lawsuits in Florida snd filing then in Mesa's tame without Mesa's knowledge or consent. Are you aware that occurred, sir? MR. SMITH: 7101: statement was made by Giovani -- what is his rare? Are you asking him are you aware of that? BY MR. SWEEPAPPLE: Q. Yes. That Mr. Nlesa complained. A lawyer in Page 207 1HE WITNESS: No. BY MR. SWEEIAPPLE: Q. Are you aware that on May 16, Ms. De Iarmartini complained that Mr. Chandler only generated 211 rases in 12 weeks? A. No, I'm not. Q. And are You aware of whether or mt CAFI has ever had any fee agreements with the O'Boyle law Firm? A. How much loger do I have to answer about CAFI rd>°n I ]am nothing? Q. Oh, I think you will be answering for quite same titre, and I do think you know ommre than you're letting on to, Mr. O'Boyle. So let's stop playing games and see if you can answer my questions. Are you aware whether or not there are any fee agreements or engagement letters between CAFI, which you are the sole funder of, and the O'Boyle Law Firm, which you are also a finder of? Who are both located in your building, MR. DES=: Objection. MR. SMITH: Objection. MR. TAYLOR: Objection. MR. DESOM; Objection. A whole host of objections. Argumentative. Form. 7HE WITNESS: Who said I was the sole finder Pagc 206 1 the office complained to Mr. Chandler that that occurred 2 with your son. 3 A. If that's what he did, that's what he did. 4 Q. Have you beard about that before? 5 A. Never. Bever, 6 Q. Attu on 4/28, Ms. De Larnartini demanded a 7 minimum of 25 new public records request cases a week be 8 forwarded to the O'Boyle law Firm by Citizens Awareness 9 Foundation; are you aware of that, in writing? 10 A. Was that before he ccmoftted bank fraud, or 11 bankruptcy fraud? 12 Q. This is Ms. De Larmaztini's writing, air. 33 A. I'm talking about Mr. Chandler. Is that 14 before or after he committed bankruptcy fraud? Which 15 one? 16 Q. Mr. O'Boyle. 17 A. Which one? 18 Q. I'm not talking about any statement that 19 Mr. Chandler made. I'm talking about a statement that 20 your secretary of over 25 years, your paralegal, the 21 director of CAFI, made in writing. 22 Have you -- were you ever aware that Ms. 23 De Iarrmrtini demanded 25 new public records lawsuits be 24 filed a week for the O'Boyle taw Firm? 25 MR. SMITH: Objection. Argwnentative, Page 208 1 of Chn? 2 MR. DESOBZA: I think Bob said that. 3 BY MR, 6WEETAPPLO: 4 Q. Who else has funded CAFE, Mr, O'Boyle? 5 A. I don't know. 6 Q. Are you aware of anyone besides you that has 7 provided fads to that entity? 8 A. I know nothing about CAFI. 9 Q. When the law fin collects money when it 10 settles CAFI cases, it doesn't give money to the entity, 11 does it? 12 A. Neat entity? 13 Q, To CAFI. It keeps all the money it gets when 14 it settles the caaes, right? Or does it give you some? 15 MR. DESOM: Objection. Fom. 16 BY MR. SWEEWFLE: 17 Q. I'll break it down. 18 In the cases that CAFI has settled against 19 public governmental entities with state contractors, has 20 any, money been given to CAFI, your debtor? Let's just 21 say that is all they are for the moment. 22 A. I don't know, 23 Q. How do you expect CAPI to pay you hack? 24 A. Money. 25 Q. Parson? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 210 A. Maybe. Q. How was this document a loan as opposed to just a contribution? A. How is it a loan? Because I think the parties agree it's a loan. Q. And who are the parties that agreed? A. I guess CAFI and me. Q. Who in CUT made that agreement? A. I have no idea. Q. How can you have an agreement and not know who it is with? A. Because I think it's comnn knowledge that I'm not giving than the money. Q. Pardon? A. I'm not giving them the money. Q. Some entity is that you control? A. No. Na. They're not getting it free. Q. Okay. A. it's not a contribution. Q. so it's a loan? A. It is a loan, yes. Q. What is the business that CAFI engages in that they could ever repay you? A. Maybe they won't. I'll take a tax write -off. Q. If it's supposed to be a loan, if your intent Page 212 the plaintiff any right to remuneration, other than attorneys' fees and costs by statute? A. Are you talking about rem neratiou? Q. Yeah, to the plaintiff himself. A. You said enumeration. Q. Remuneration. A. What was your question? Q. Do you understand whether or not CAFI, as a plaintiff in a public records request, would be entitled to any money? MR. DESOOZA: You're asking him for his legal understanding? MR. SWEMPLE: To the extent he understands having filed public records requests and funding this entity. THE WITNESS: I don't think I can answer you. BY MR. SWEBTAPPIE: Q. Okay. So you don't know if there are any fee agreements or engagement letters between CAFI and your son's law firm? A. I would have no idea. Q. Are you aware on May 28, De larmartini, again, demanded more cases from dlarxller for the O'Boyle law Firm? A. No. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 PABC209 1 A. with money. 1 2 Q. And haw are they earning money? 2 3 A. I didn't ask them. 3 4 Q. Okay. Who would you have to ask to find out 4 5 how they're going to pay you back? 5 6 A. I don't know. 6 7 Q. what are the terms of their obligations? Is 7 0 there any obligation to pay you back? B 9 A. I think so. We have -- yes. 9 10 Q. You have any agreement on that? 10 it A. I think M. Generally stated, yes. it 12 Q. Who Is the agreement with? 12 13 A. I think it's just rnnron knowledge with all of 13 14 our entities. 14 15 Q. Ro, at CAFI, specifically, do you have an 15 16 agreement with regarding getting repaid? 16 17 A. I don't think I have a specific agreement 17 18 laying out with detail a 100 -page note. is 19 Q. What was CAFI's profit model where -- you have 19 20 a 100 -page note, or you don't have a 100 -page note? 20 21 A. I don't have a 100 -page note. 21 22 Q. Do you have a one page note? 22 23 A. Na. 23 24 Q. You have no note. Do you have loans written 24 25 on checks? 25 Page 210 A. Maybe. Q. How was this document a loan as opposed to just a contribution? A. How is it a loan? Because I think the parties agree it's a loan. Q. And who are the parties that agreed? A. I guess CAFI and me. Q. Who in CUT made that agreement? A. I have no idea. Q. How can you have an agreement and not know who it is with? A. Because I think it's comnn knowledge that I'm not giving than the money. Q. Pardon? A. I'm not giving them the money. Q. Some entity is that you control? A. No. Na. They're not getting it free. Q. Okay. A. it's not a contribution. Q. so it's a loan? A. It is a loan, yes. Q. What is the business that CAFI engages in that they could ever repay you? A. Maybe they won't. I'll take a tax write -off. Q. If it's supposed to be a loan, if your intent Page 212 the plaintiff any right to remuneration, other than attorneys' fees and costs by statute? A. Are you talking about rem neratiou? Q. Yeah, to the plaintiff himself. A. You said enumeration. Q. Remuneration. A. What was your question? Q. Do you understand whether or not CAFI, as a plaintiff in a public records request, would be entitled to any money? MR. DESOOZA: You're asking him for his legal understanding? MR. SWEMPLE: To the extent he understands having filed public records requests and funding this entity. THE WITNESS: I don't think I can answer you. BY MR. SWEBTAPPIE: Q. Okay. So you don't know if there are any fee agreements or engagement letters between CAFI and your son's law firm? A. I would have no idea. Q. Are you aware on May 28, De larmartini, again, demanded more cases from dlarxller for the O'Boyle law Firm? A. No. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 211 1 is it's supposed to be a loan -- you're a very 1 2 sophisticated businessman. 2 3 A. Thank you. 3 4 Q. That's what they say at least. 4 5 A. But you don't believe that. 5 6 Q. I'm going to keep my beliefs to myself. 6 7 A. You should. 7 0 Q. So what I would like to know is whether or not s 9 you had any expectation that CAFI had any business 9 10 whereby it could repay you? 10 11 A. No. 11 12 Q. What did you understand the activities that 12 13 CAFI was going to be; a not- for -profit foundation, 13 14 right? 14 15 A. Yes. 15 16 Q. And what was it going to do to make money? 16 17 Anything? 17 is A. I don't think we've ever gotten that far. 10 19 Q. You knew that it was only going to be filing 19 20 lawsuits for your son's law firm, right? 20 21 A. That's not true. 21 22 Q. Well, has any other law firm represented it, 22 23 in any other lawsuits? 23 24 A. I have no idea. 24 25 Q. And does filing a public records request give 25 Page 210 A. Maybe. Q. How was this document a loan as opposed to just a contribution? A. How is it a loan? Because I think the parties agree it's a loan. Q. And who are the parties that agreed? A. I guess CAFI and me. Q. Who in CUT made that agreement? A. I have no idea. Q. How can you have an agreement and not know who it is with? A. Because I think it's comnn knowledge that I'm not giving than the money. Q. Pardon? A. I'm not giving them the money. Q. Some entity is that you control? A. No. Na. They're not getting it free. Q. Okay. A. it's not a contribution. Q. so it's a loan? A. It is a loan, yes. Q. What is the business that CAFI engages in that they could ever repay you? A. Maybe they won't. I'll take a tax write -off. Q. If it's supposed to be a loan, if your intent Page 212 the plaintiff any right to remuneration, other than attorneys' fees and costs by statute? A. Are you talking about rem neratiou? Q. Yeah, to the plaintiff himself. A. You said enumeration. Q. Remuneration. A. What was your question? Q. Do you understand whether or not CAFI, as a plaintiff in a public records request, would be entitled to any money? MR. DESOOZA: You're asking him for his legal understanding? MR. SWEMPLE: To the extent he understands having filed public records requests and funding this entity. THE WITNESS: I don't think I can answer you. BY MR. SWEBTAPPIE: Q. Okay. So you don't know if there are any fee agreements or engagement letters between CAFI and your son's law firm? A. I would have no idea. Q. Are you aware on May 28, De larmartini, again, demanded more cases from dlarxller for the O'Boyle law Firm? A. No. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 214 A. Mr. Chandler already resigned. He resigned in Nay; the middle of May. So I don't Iona+ where you're caning from. I guess he forgot to tell you that part. Q. You believe that Vz. Chandler resigned in May? A. Absolutely. Q. So all his communications after May whatever is no longer -- A. 16th. I think it was May 16. I'm not sure. Q. May 16. A. But I think it was May 16, Q. How do you bmvw that? A. Ms. De IAnnartini told me. Q. Was it in writing or orally? A. It was in writing. Q. Didn't Ms. De Iarmartini on May 26 ask Mr. Chandler to prepare complaints for CAFI to use? A. No idea. Q. And didn't he refuse to, saying he was mt a lawyer? A. Well, I dm't know what he said, mt being a lawyer. But I can tell you he's certainly practicing low without a license. Make he mistake about that there. I can show you the Complaints that he prepared. Q. So it's your testimony that when Denise De Iarnertini wrote Mr. Chandler on May 28 saying •I Page 216 Q. And on June 9, Ms. De iarmartini was talking to Mr. Chandler about him hiring his am to assist in conducting electronic audits of state and local agencies. A. Yes. She meet mt have knave by then. Q. VM did know? A. Mr. Chandler. I mean, he is a crook. Q. And -- well, Mr. Ring was talking about Mr. Qmndler bringing in his son to work for CAPS in June, right? A. They never knew that he was a crook until they found mt he was a crook. MR. DFSOD2A: Bob, just so I'm clear, you're asking him about his knowledge of mmersations or e -nails between people that he is out ore of, right? MR. SWEMAPPLB: Not necessarily. MR. DESOUZA: I think you're referring to e- mails. You're mt showing us the a -mails m I can't my what the a -nails are, but if We mt on these e- mails, you're asking him whether he knows the existence of these e- mails, the existence of these conversations? Is that what you're asking? All right. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Pagc213 1 Q. Are you aware that on 6/2 Mr. Ring denied any 1 2 authority to send cases to any firm other than the 2 3 O'Boyle law Firm? 3 4 A. I'm not. 4 5 Q. Are yw aware that in June, Mr. Chandler 5 6 learned that you had been making public records inquests 6 7 in the name of CAF1 against Gulf Stream, the Town of 7 8 Gulf Stream, without his knowledge or consent in doing 0 9 so in the name of ckm 9 10 MR, DESOM: Objection. Form, 10 11 THE WITNESS: No. ll 12 BY W. SWEETAPPLE: 12 13 Q. And that you were using your secretary, 13 14 Ms. Mohler, M- o- h- l -e -r. 14 15 A. No. 15 16 Q. Did you ever fax or e-mail, using Ms. Mohler, 16 17 public records requests to the 'Town of Gulf Stream in 17 18 the name of Citizens Awaranass Foundation, Inc? is 19 A. Not to my knowledge. 19 20 Q. And did you ever direct lawsuits, two 20 21 lawsuits, to be filed against Gulf Stream in the name of 21 22 CAF[ without the knowledge or permission of 22 23 Mr. Chandler? 23 24 A. that period are you talking about? 24 25 Q. June. May and June. This year, 25 Page 214 A. Mr. Chandler already resigned. He resigned in Nay; the middle of May. So I don't Iona+ where you're caning from. I guess he forgot to tell you that part. Q. You believe that Vz. Chandler resigned in May? A. Absolutely. Q. So all his communications after May whatever is no longer -- A. 16th. I think it was May 16. I'm not sure. Q. May 16. A. But I think it was May 16, Q. How do you bmvw that? A. Ms. De IAnnartini told me. Q. Was it in writing or orally? A. It was in writing. Q. Didn't Ms. De Iarmartini on May 26 ask Mr. Chandler to prepare complaints for CAFI to use? A. No idea. Q. And didn't he refuse to, saying he was mt a lawyer? A. Well, I dm't know what he said, mt being a lawyer. But I can tell you he's certainly practicing low without a license. Make he mistake about that there. I can show you the Complaints that he prepared. Q. So it's your testimony that when Denise De Iarnertini wrote Mr. Chandler on May 28 saying •I Page 216 Q. And on June 9, Ms. De iarmartini was talking to Mr. Chandler about him hiring his am to assist in conducting electronic audits of state and local agencies. A. Yes. She meet mt have knave by then. Q. VM did know? A. Mr. Chandler. I mean, he is a crook. Q. And -- well, Mr. Ring was talking about Mr. Qmndler bringing in his son to work for CAPS in June, right? A. They never knew that he was a crook until they found mt he was a crook. MR. DFSOD2A: Bob, just so I'm clear, you're asking him about his knowledge of mmersations or e -nails between people that he is out ore of, right? MR. SWEMAPPLB: Not necessarily. MR. DESOUZA: I think you're referring to e- mails. You're mt showing us the a -mails m I can't my what the a -nails are, but if We mt on these e- mails, you're asking him whether he knows the existence of these e- mails, the existence of these conversations? Is that what you're asking? All right. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 215 1 understand that we are back to you certifying the 1 2 Complaints before they are filed," he wasn't working for 2 3 CAM 3 4 A. Yeah. I don 't know that she knew, about it at 4 5 that tine. 5 6 Q. And on May 22 when she wrote him and said, 6 7 'Joel, I didn't see anything yesterday or today for new 7 B cases this week. Were there any?- He wasn't working 6 9 for On when she was writing him asking for more rases? 9 10 A. I don't think that she knew at that tine. 10 11 Q. Didn't Ms. De Iarmartini tell you that 11 12 Mr. Chandler had resigned? 12 13 A. Well, depends on what time period you're on. 13 14 In the first part of June my secretary call ad me up and 14 15 said Joel was just here, he left a bag full of stuff and 15 16 a letter of resignation. He left immediately and said 16 17 he wants you to call him. 17 18 So that's resignation No. 1. Denise, when she 10 19 got the information -- Joel refused to give her access 19 20 to the computer data. She had to hire a mnputer 20 21 expert. And when she did the -- how to say it, but 21 22 they -- they wave able to encrypt or unencrypt, 22 23 what ever, the documentation. And when they did, there 23 24 was a letter in there of May 15 or 16th saying "I 24 25 resign." 25 Page 214 A. Mr. Chandler already resigned. He resigned in Nay; the middle of May. So I don't Iona+ where you're caning from. I guess he forgot to tell you that part. Q. You believe that Vz. Chandler resigned in May? A. Absolutely. Q. So all his communications after May whatever is no longer -- A. 16th. I think it was May 16. I'm not sure. Q. May 16. A. But I think it was May 16, Q. How do you bmvw that? A. Ms. De IAnnartini told me. Q. Was it in writing or orally? A. It was in writing. Q. Didn't Ms. De Iarmartini on May 26 ask Mr. Chandler to prepare complaints for CAFI to use? A. No idea. Q. And didn't he refuse to, saying he was mt a lawyer? A. Well, I dm't know what he said, mt being a lawyer. But I can tell you he's certainly practicing low without a license. Make he mistake about that there. I can show you the Complaints that he prepared. Q. So it's your testimony that when Denise De Iarnertini wrote Mr. Chandler on May 28 saying •I Page 216 Q. And on June 9, Ms. De iarmartini was talking to Mr. Chandler about him hiring his am to assist in conducting electronic audits of state and local agencies. A. Yes. She meet mt have knave by then. Q. VM did know? A. Mr. Chandler. I mean, he is a crook. Q. And -- well, Mr. Ring was talking about Mr. Qmndler bringing in his son to work for CAPS in June, right? A. They never knew that he was a crook until they found mt he was a crook. MR. DFSOD2A: Bob, just so I'm clear, you're asking him about his knowledge of mmersations or e -nails between people that he is out ore of, right? MR. SWEMAPPLB: Not necessarily. MR. DESOUZA: I think you're referring to e- mails. You're mt showing us the a -mails m I can't my what the a -nails are, but if We mt on these e- mails, you're asking him whether he knows the existence of these e- mails, the existence of these conversations? Is that what you're asking? All right. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Pagc 217 Page 219 1 BY MR. SWPETAPPLE: 1 2 Q. And did Mr. Ring try to assure Mr. Chandler on 2 3 June 16th that he believed that the O'Boyle Law Firm was 3 4 free to exercise their legal business judgment as to the 4 5 amounts of a particular settlement; that he didn't have 5 6 to worry about the amount of attorneys' fees that were 6 7 actually inctured? 7 e A. I don't know what Citizens Awareness 0 9 Foundation, Inc., did. Now, how many more times do I 9 10 have to tell you that before you get it through your 10 11 skull? 11 12 Q. And on June 19, Ms. De Larmartini copied 12 13 Mr. Ring re: CAFI. And said, 'Bill, I intend to resign 13 14 from CAFI and make the following replacements. Cathleen 14 15 Flack (phonetic) a Commerce employee. Peter Delic 15 16 (Phonetic) . He is a trusted friend and contractor we 16 17 use. Joel Chandler. We would like to have him as 17 18 president /director, is 19 Brenda Russell, Commerce employee will remain 19 20 as member. Do you see any problem with this? If not, 20 21 could you please send me the proper farm to arend the 21 22 organizational documents," 22 23 You were unaware of that communication? 23 24 A. I'm not answering. 24 25 Q. On June 27th when Mr. Chandler wrote Nick 25 Pegc 219 Taylor the following language, Nick -- on June 27 he was not an employee of CAFI, right? Is that your testimony? A. I'm not answering any questions regarding CAPS. Q. "Nick, I'm writing this e-mail to memorialize our telephone conversation this morning. As we, discussed, I was contacted by the defendant in the case referenced above. He expressed his regret in his failure to properly respond to CAFI's PRR, and asked for our help in better understanding his obligations under the Public Records Act. He also explained the dire financial condition of his organization and said he instructed his attorney to offer to settle the matter for $1,500. "In our conversation this morning, I understood from you that the O'Boyle Law Firm has about $1200 in costs and fees in the case up to this point. I also understood that you have been instructed by Jonathan O'Boyle to demand $3000 to settle the case, "If such a demand is accepted by the defendant, that would create a windfall of about 26 beyond actual fees and expenses. During that telephone conversation, I expressed in unequivocal terms my objections to such an arrangement. Until I received the telephone call from the defendant yesterday, I was rage 220 a meeting was called with Mr. Ring and my co- counsel, Joanne O'Connor and Mr. Randolph? A. Mr. Ring and I spoke and we said this Is -- MR. DFSOUZA: Fold an. You said this to each other or you said this to apposing counsel? THE WITNESS: We said it to each other. MR. DESOM: You shouldn't reveal the substance of airy conversation between you and Mr. Ring. BY MR. SWEETAPPLE: Q. Was Mr. Ring serving as your attorney at the time? A. Yes. Q. Even though be wasn't counsel of record on any of the cases? A. I'm not going to answer that question. Q. Well, he -- you just don't know the answer to that question? So you spoke to Mr. Ring. And then who conmuucated with either Ms. O'Connor or Mr. Randolph? A. I believe that Mr. Ring called Skip Randolph and asked for a meeting with him, Ms. O'Connor and Mr. Stubbs. And Skip Randolph got back to him, either later that day or the next day. I just don't remember. Q. And was there any discussion about including Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 219 1 unaware that any settlement discussions were taking 1 2 place with the defendant. 2 3 "I did not authorize any such discussions, nor 3 4 did I approve in any way the demand for payment of wry 4 5 kind, much lesa demand for payments far beyond the 5 6 actual fees and expenses billed by the O'Boyle law Firm. 6 7 -In sum, I understand that you were directed 7 0 to make the aforementioned settlement demand by Jonathan s 9 O'Boyle, and I have not and do not approve of such 9 10 demands. Please confirm your receipt and understanding 10 11 of this e- mail." 11 12 And Mr. Taylor -- that was at 11:05 a.m. 12 13 Mr. Taylor responded to 14x. Chandler, -This e-mail is to 13 14 confirm our conversation today and to reiterate that all 14 15 offers of settlement are made pursuant to the policies 15 16 of the O'Boyle Law Firm." 16 17 Were you aware of any of that communication? 17 le A. I'm not answering any questions regarding is 19 CAPI. 19 20 M. H4ITH: For the record, I object to the 20 21 question as argumentative. 21 22 BY MR. SWMAPPLE: 22 23 Q. So after -- after you saw the notion to 23 24 disqualify your son's firm, which argued the O'Boyle 24 25 firm is not a lawful interstate law firm, how is it that 25 Pegc 219 Taylor the following language, Nick -- on June 27 he was not an employee of CAFI, right? Is that your testimony? A. I'm not answering any questions regarding CAPS. Q. "Nick, I'm writing this e-mail to memorialize our telephone conversation this morning. As we, discussed, I was contacted by the defendant in the case referenced above. He expressed his regret in his failure to properly respond to CAFI's PRR, and asked for our help in better understanding his obligations under the Public Records Act. He also explained the dire financial condition of his organization and said he instructed his attorney to offer to settle the matter for $1,500. "In our conversation this morning, I understood from you that the O'Boyle Law Firm has about $1200 in costs and fees in the case up to this point. I also understood that you have been instructed by Jonathan O'Boyle to demand $3000 to settle the case, "If such a demand is accepted by the defendant, that would create a windfall of about 26 beyond actual fees and expenses. During that telephone conversation, I expressed in unequivocal terms my objections to such an arrangement. Until I received the telephone call from the defendant yesterday, I was rage 220 a meeting was called with Mr. Ring and my co- counsel, Joanne O'Connor and Mr. Randolph? A. Mr. Ring and I spoke and we said this Is -- MR. DFSOUZA: Fold an. You said this to each other or you said this to apposing counsel? THE WITNESS: We said it to each other. MR. DESOM: You shouldn't reveal the substance of airy conversation between you and Mr. Ring. BY MR. SWEETAPPLE: Q. Was Mr. Ring serving as your attorney at the time? A. Yes. Q. Even though be wasn't counsel of record on any of the cases? A. I'm not going to answer that question. Q. Well, he -- you just don't know the answer to that question? So you spoke to Mr. Ring. And then who conmuucated with either Ms. O'Connor or Mr. Randolph? A. I believe that Mr. Ring called Skip Randolph and asked for a meeting with him, Ms. O'Connor and Mr. Stubbs. And Skip Randolph got back to him, either later that day or the next day. I just don't remember. Q. And was there any discussion about including Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 meeting, right? Page 222 A. Yes. Q. Arid Mr. Ring told Ms. O'ctamor that it would not be a good idea to have me at the meeting, right? A. No. I believe he told that to Skip, but I wasn't on the Phone, so I don't know. Q. Did you prepare any memorandum, at the time of this meeting? A. The answer is yes. Q. And you have notes? A. Yes. Q. And did you write then yourself? A. Yes. Q. And did Mr. Ring prepare any notes? A. I don't know. Q. And you showed up at 2:00 o'clock with Mr. Ring, and Ms. O'Connor asked if it was -- if she bad the -- or Mr. Randolph asked whether or not they had the right to speak directly to you and whether permission was received from the O'Boyle law Firm, right? A. No. Q. So Mr. Randolph didn't ask if it was clear that we have the right to speak directly to Martin O'Boyle and whether permission was received from the O'Boyle law Firm; and Bill Ring said, Yes. He checked say that to you? Pa6c 224 A. Can you read that back again? Q. Did Mr. Randolph say if they are truly settlement negotiations and rot discussions relating to future litigation or threatened activities, that it would be privileged communication? A. No. Q. So Mr. Randolph didn't say that to you? A. No. Q. And did he say, ^I advise, to the extent they are settlement negotiations, even those could be shared with our client and with other members of our law firm.^ Did he say that to you? A. I think he did. I think he did. Or some -- or something akin to that. I think so. Q. Did you say, "Well, you can't go to the Palm Beach Post," said Mr. Randolph responded, ayes." A. Responded what? Q. Yes. You said you can't go to the palm Beach post. A. He responded yes. Yes, I did. Q. Yes. Yes. Based on the fact if there are going to be settlement negotiations, not discussions about future litigation or threats. A. I'm still confused. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page RI 1 me at the meeting? 3 2 A. No. Because we knew you were a troublemaker, 2 3 and we knew having you there is like having cancer of 3 4 the face. 4 5 Q. Okay. So even though I was the attorney that 5 6 drafted the motion, you decided you did not want me 6 7 there. 7 a A. well, the notion was so full of lies, that to 0 9 have you there would have been unproductive. And then, 9 10 of course, obviously, when we gave the whatever, the 157 30 11 memo, Ms. O'Connor, 1 think she saw that discretion was 11 12 the better part of valor, and she dismissed her claim. 12 13 Q. And you think that that was dismissed because 13 14 the claims regarding the unauthorized practice of law 14 15 weren't being pursued? 15 16 A. Yes. 16 17 Q. So you think that the law firms involved with 17 18 the city bave just ignored the facts that we've learned 18 19 in this proceeding? 19 20 A. I have no idea what you just said. 20 21 MR. DESODTA: Object to form. 21 22 BY MR. SWEEMPLE: 22 23 Q. Never mind. 23 24 A. Good. 24 25 Q. Now, you wanted to have Sid Stubbs at the 25 meeting, right? Page 222 A. Yes. Q. Arid Mr. Ring told Ms. O'ctamor that it would not be a good idea to have me at the meeting, right? A. No. I believe he told that to Skip, but I wasn't on the Phone, so I don't know. Q. Did you prepare any memorandum, at the time of this meeting? A. The answer is yes. Q. And you have notes? A. Yes. Q. And did you write then yourself? A. Yes. Q. And did Mr. Ring prepare any notes? A. I don't know. Q. And you showed up at 2:00 o'clock with Mr. Ring, and Ms. O'Connor asked if it was -- if she bad the -- or Mr. Randolph asked whether or not they had the right to speak directly to you and whether permission was received from the O'Boyle law Firm, right? A. No. Q. So Mr. Randolph didn't ask if it was clear that we have the right to speak directly to Martin O'Boyle and whether permission was received from the O'Boyle law Firm; and Bill Ring said, Yes. He checked say that to you? Pa6c 224 A. Can you read that back again? Q. Did Mr. Randolph say if they are truly settlement negotiations and rot discussions relating to future litigation or threatened activities, that it would be privileged communication? A. No. Q. So Mr. Randolph didn't say that to you? A. No. Q. And did he say, ^I advise, to the extent they are settlement negotiations, even those could be shared with our client and with other members of our law firm.^ Did he say that to you? A. I think he did. I think he did. Or some -- or something akin to that. I think so. Q. Did you say, "Well, you can't go to the Palm Beach Post," said Mr. Randolph responded, ayes." A. Responded what? Q. Yes. You said you can't go to the palm Beach post. A. He responded yes. Yes, I did. Q. Yes. Yes. Based on the fact if there are going to be settlement negotiations, not discussions about future litigation or threats. A. I'm still confused. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 223 1 with the O'Boyle taw Firm and they gave that authority. 1 2 Did that occur? 2 3 A. Not to my knowledge. 3 4 Q. Okay. And Mr. Randolph indicated I would need 4 5 something in writing from then, and he said he would get 5 6 that and send it to ms by a -mail. 6 7 MR. 941111: I)dcuse me, objection. I think 7 6 it's ambiguous what you're reading from, because -- a 9 MR. SMEETAPPL6; let we Wake it clear. That 9 10 is a good objection. I'm sorry. 10 11 MR. SMITH: Thank you. 11 12 BY MR. SWE917ff .E: 12 13 Q. Did Mr. Randolph say to you that he needed 13 14 something in writing that the O'Boyle taw Firm gave 14 15 Mr. Ring the permission for him and you to speak 15 16 directly with Mr. Randolph? 16 17 A. No. 17 18 Q. And then did you ask the next question, ,Are is 19 these settlement negotiations, and does everything stay 19 20 in this rornR" Did you ask that? 20 21 A. No. 21 22 Q. And did Mr. Randolph indicate that if there's 22 23 truly settlement negotiations and not discussion 23 24 relating to future litigation or threatened activity 24 25 that it would be privileged communications; did he ever 25 meeting, right? Page 222 A. Yes. Q. Arid Mr. Ring told Ms. O'ctamor that it would not be a good idea to have me at the meeting, right? A. No. I believe he told that to Skip, but I wasn't on the Phone, so I don't know. Q. Did you prepare any memorandum, at the time of this meeting? A. The answer is yes. Q. And you have notes? A. Yes. Q. And did you write then yourself? A. Yes. Q. And did Mr. Ring prepare any notes? A. I don't know. Q. And you showed up at 2:00 o'clock with Mr. Ring, and Ms. O'Connor asked if it was -- if she bad the -- or Mr. Randolph asked whether or not they had the right to speak directly to you and whether permission was received from the O'Boyle law Firm, right? A. No. Q. So Mr. Randolph didn't ask if it was clear that we have the right to speak directly to Martin O'Boyle and whether permission was received from the O'Boyle law Firm; and Bill Ring said, Yes. He checked say that to you? Pa6c 224 A. Can you read that back again? Q. Did Mr. Randolph say if they are truly settlement negotiations and rot discussions relating to future litigation or threatened activities, that it would be privileged communication? A. No. Q. So Mr. Randolph didn't say that to you? A. No. Q. And did he say, ^I advise, to the extent they are settlement negotiations, even those could be shared with our client and with other members of our law firm.^ Did he say that to you? A. I think he did. I think he did. Or some -- or something akin to that. I think so. Q. Did you say, "Well, you can't go to the Palm Beach Post," said Mr. Randolph responded, ayes." A. Responded what? Q. Yes. You said you can't go to the palm Beach post. A. He responded yes. Yes, I did. Q. Yes. Yes. Based on the fact if there are going to be settlement negotiations, not discussions about future litigation or threats. A. I'm still confused. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 226 Q. Did you indicate that once we have attacked his family, that we have crossed the Rubicon. Did you ever state that? A. I said can you read the prior, and that. Q. You asked whose brainchild was this when you -- A. After that. Q. Okay. And you asked if I felt it was appropriate to bring family into this dispute. Did you ask that? A. I thought you said Ms. Randolph said that. Q. Wo, you said that. You asked if he felt it was appropriate to bring family into this dispute. A. I never said that. Q. Did you ever say that once we have attacked his family, we have crossed the Rubio=; did you ever say that? A. Whose family? Q. Your family. A. No. Q. And so you never said that we have crossed the Rubicon? A. I don't racall saying we crossed the Rubicon. Q. Did you ever say the damage has been done, there was no way to rectify it. Page22g MR. DEMM: Bob, hold on. Just for my purposes, are you representing these are quotes in the transcript? MR. SWEEiAPPIE: Yes. These are -- this is Mr. Rardolpha mrsno, and I have Ms. O'Connor's mean, exactly what was said at this meeting. W. DeS%PIA: I didn't know if you were representing these as quotes. BY M. SWEEfAPPLE: Q. You asked whether Ph. Randolph had children, right? And he indicated, yes, he did. A. Well, again, you have to loo:[ at it in the context. You can't take it into context. What I said to him is something like, it's a shame that we have to get the children involved. It's a share. And what skip said to me is, Well, your son is different. He is the me who's the plaintiff in these cases." And what I said is, -Well, if he's a plaintiff in these cases, what does that have to do with trying to take his license away from him? What does that have to do with that ?" Q. Your am is not the plaintiff in the case, is he? He's a lawyer in the law firm. A. W. What he was saying is that he -- in other Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Pmgc225 1 Q. Did you ever mention the Palm Beach Past 1 2 during this? 2 3 A. No. Not that I remember. 3 4 Q. And did you begin by dropping the motion that 4 5 Joanne and I filed, and asking whose brain child was 5 6 this? 6 7 A. I threw them both on the table and I said, 7 e "Whose brainchild was this?" 0 9 Q. Did you do that? 9 10 A. Yes, I did. 10 11 Q. And Mr. Randolph said it was signed by, both, li 12 our firm and the Sweetapple firm, right? 12 13 A. Yes. 13 14 Q. And you asked if I felt -- if Mr. Randolph 14 15 felt it was appropriate to bring family into this 15 16 dispute. 16 17 A. I don't remember that. 17 is Q. And did he -- than did you any that once we is 19 have attacked his family that we have crossed the 19 20 Rubicon; that the damage has been done and there was an 20 21 way to rectify it. 21 22 A. Can you read -- 22 23 Q. Did you say at the meeting -- 23 24 A. Can you read the prior statement back along 24 25 with that, please? 25 Page 226 Q. Did you indicate that once we have attacked his family, that we have crossed the Rubicon. Did you ever state that? A. I said can you read the prior, and that. Q. You asked whose brainchild was this when you -- A. After that. Q. Okay. And you asked if I felt it was appropriate to bring family into this dispute. Did you ask that? A. I thought you said Ms. Randolph said that. Q. Wo, you said that. You asked if he felt it was appropriate to bring family into this dispute. A. I never said that. Q. Did you ever say that once we have attacked his family, we have crossed the Rubio=; did you ever say that? A. Whose family? Q. Your family. A. No. Q. And so you never said that we have crossed the Rubicon? A. I don't racall saying we crossed the Rubicon. Q. Did you ever say the damage has been done, there was no way to rectify it. Page22g MR. DEMM: Bob, hold on. Just for my purposes, are you representing these are quotes in the transcript? MR. SWEEiAPPIE: Yes. These are -- this is Mr. Rardolpha mrsno, and I have Ms. O'Connor's mean, exactly what was said at this meeting. W. DeS%PIA: I didn't know if you were representing these as quotes. BY M. SWEEfAPPLE: Q. You asked whether Ph. Randolph had children, right? And he indicated, yes, he did. A. Well, again, you have to loo:[ at it in the context. You can't take it into context. What I said to him is something like, it's a shame that we have to get the children involved. It's a share. And what skip said to me is, Well, your son is different. He is the me who's the plaintiff in these cases." And what I said is, -Well, if he's a plaintiff in these cases, what does that have to do with trying to take his license away from him? What does that have to do with that ?" Q. Your am is not the plaintiff in the case, is he? He's a lawyer in the law firm. A. W. What he was saying is that he -- in other Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Peg<227 1 A. No. Because we went there and we made it 1 2 clear we were there for settlement purposes. And the 2 3 only reason we would be there for settlement purposes 3 4 would be to rectify. 4 5 Q. What were you trying to settle? 5 6 A. Whatever case was there and whatever cases we 6 7 could, and your -- what is it called -- the motion that 7 B you prepared. And when we tried to do that, it was R 9 clear that Ms. O'Connor never even read it. 9 10 Q. SFo never read the motion? 10 11 A. Never read the notion. 11 12 Q. Did she tell you that? 12 13 A. No. You can tell because I asked her a couple 13 14 of questions on there. And she -- I thought it was 14 15 pretty clear that she didn't read it. And skip 15 16 Randolph, I think he acknowledged -- my recollection is 16 17 that he acknowledged he didn't read it. 17 10 Q. skip Randolph said he didn't read it? 15 19 A. I said I think he acknowledged he didn't read 19 20 it. I think I said to him, "Skip, did you read this 20 21 piece of junk ?" 21 22 Q. And than you asked if I had children. You 22 23 asked Mr. Randolph if he had children, right? 23 24 A. No. 24 25 Q. Did you -- 25 Page 226 Q. Did you indicate that once we have attacked his family, that we have crossed the Rubicon. Did you ever state that? A. I said can you read the prior, and that. Q. You asked whose brainchild was this when you -- A. After that. Q. Okay. And you asked if I felt it was appropriate to bring family into this dispute. Did you ask that? A. I thought you said Ms. Randolph said that. Q. Wo, you said that. You asked if he felt it was appropriate to bring family into this dispute. A. I never said that. Q. Did you ever say that once we have attacked his family, we have crossed the Rubio=; did you ever say that? A. Whose family? Q. Your family. A. No. Q. And so you never said that we have crossed the Rubicon? A. I don't racall saying we crossed the Rubicon. Q. Did you ever say the damage has been done, there was no way to rectify it. Page22g MR. DEMM: Bob, hold on. Just for my purposes, are you representing these are quotes in the transcript? MR. SWEEiAPPIE: Yes. These are -- this is Mr. Rardolpha mrsno, and I have Ms. O'Connor's mean, exactly what was said at this meeting. W. DeS%PIA: I didn't know if you were representing these as quotes. BY M. SWEEfAPPLE: Q. You asked whether Ph. Randolph had children, right? And he indicated, yes, he did. A. Well, again, you have to loo:[ at it in the context. You can't take it into context. What I said to him is something like, it's a shame that we have to get the children involved. It's a share. And what skip said to me is, Well, your son is different. He is the me who's the plaintiff in these cases." And what I said is, -Well, if he's a plaintiff in these cases, what does that have to do with trying to take his license away from him? What does that have to do with that ?" Q. Your am is not the plaintiff in the case, is he? He's a lawyer in the law firm. A. W. What he was saying is that he -- in other Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 230 wife was going to bed crying at night and suggested that morning that Marty hire a slew of private investigators? A. She did -- she was going to bed at night crying, yes, because of your activities. Now, as far as private investigators, I don't really recall that. I really don't. on the other hand, my opinion, it may not have been a bad idea. But certainly we didn't do it. Q. And did you then say to Mr. Randolph, you needed to only hire two private investigators because you have two targets? A. Who were the two targets? 0. Did you ever say you only need two private investigators because you have two targets? A. I don't think so. Q. He asked you what you meant by that, and you refused to explain. Did that ecmr7 A. My recollection is them were a maple of points during the discussions that he asked ere -- that he asked me, and that I didn't answer him. But I don't remember it here about two PIs. Q. Did you ever make reference to any of the attorneys' daughters? A. No. I asked Miss -- I'm going to say Ms. Morgan. I'm sure that'n not it -- who's the girl sitting next to you? Pase232 Q. So she had an opinion of the law as to what the town allowed, and you said that's a lie? A. No. She didn't have an opinion on law. Q. She was giving her opinion on what the town allowed. A. That's what you said. Q. 'That's what you just said. I'm just quoting you. MR. DESLUZk: I dm't think he said the -word opinion of law.- %hy don't we just move m. BY MR. SWERIAPPLE: Q. And You indicated earlier that I have defamed YOU. Hod have I defamed you? MR. DFSOOZA: I don't recall him saying that, but... BY MR. SWEEMPLE: Q. You did. You said I defamed you and you sued me for defamation. Tell me how I defamed you. A. Do you have the Complaint? Q. You tell me hod I defamed you, please. A. I want you to read the Complaint. 0. Can you tell me? A. I'm not going to. 0. you don't knout? MR. DESOM: That's not what he said. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 229 1 words, his fine -- and it was made very clear to me 1 2 then, it is very clear to we now that you want to go 2 3 after my son because you can't handle big daddy. 3 4 Q. Mr. O'Boyle. 4 5 A. We'll see. 5 6 Q. Mr. O'Boyle, did you ever say that you had 6 7 millions of dollars, and you would be willing to spend 7 e millions of dollars in responding to this issue? B 9 A. Never. 9 10 Q. Did you say if you think you've seen a lot of 30 11 activity fron them now, you haven't seen anything yet? 11 12 A. I've seen a lot of activity from -- 12 13 Q. If you haven't -- if you think you were seeing 13 14 a lot of activity, you haven't seen anything yet. 14 15 A. No. 15 16 Q. And did you say -- did you ask Mr. Randolph if 16 17 he has a wife? 17 10 A. I don't think an. 18 19 Q. And Mr. Randolph responded -yes.- 19 2D A. Could be. 20 21 Q. And than you said that your wife was going to 21 22 bed each night crying and how she got up this morning 22 23 and suggested that Marty hire a slew of private 23 24 investigators. 24 25 Did you ever sake that statement that your 25 Page 230 wife was going to bed crying at night and suggested that morning that Marty hire a slew of private investigators? A. She did -- she was going to bed at night crying, yes, because of your activities. Now, as far as private investigators, I don't really recall that. I really don't. on the other hand, my opinion, it may not have been a bad idea. But certainly we didn't do it. Q. And did you then say to Mr. Randolph, you needed to only hire two private investigators because you have two targets? A. Who were the two targets? 0. Did you ever say you only need two private investigators because you have two targets? A. I don't think so. Q. He asked you what you meant by that, and you refused to explain. Did that ecmr7 A. My recollection is them were a maple of points during the discussions that he asked ere -- that he asked me, and that I didn't answer him. But I don't remember it here about two PIs. Q. Did you ever make reference to any of the attorneys' daughters? A. No. I asked Miss -- I'm going to say Ms. Morgan. I'm sure that'n not it -- who's the girl sitting next to you? Pase232 Q. So she had an opinion of the law as to what the town allowed, and you said that's a lie? A. No. She didn't have an opinion on law. Q. She was giving her opinion on what the town allowed. A. That's what you said. Q. 'That's what you just said. I'm just quoting you. MR. DESLUZk: I dm't think he said the -word opinion of law.- %hy don't we just move m. BY MR. SWERIAPPLE: Q. And You indicated earlier that I have defamed YOU. Hod have I defamed you? MR. DFSOOZA: I don't recall him saying that, but... BY MR. SWEEMPLE: Q. You did. You said I defamed you and you sued me for defamation. Tell me how I defamed you. A. Do you have the Complaint? Q. You tell me hod I defamed you, please. A. I want you to read the Complaint. 0. Can you tell me? A. I'm not going to. 0. you don't knout? MR. DESOM: That's not what he said. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 231 1 MR. SMITH: Ms. 0-Canner. 1 2 BY MR. SWBBIAPPIE: 2 3 0. The one you said lied in federal court? 3 4 A. Yeah. Her. 4 5 Q. You don't know her name? 5 6 A. I just told you no. 6 7 0. And what lie do you believe she said to 7 0 Mr. Middlebmoks -- Judge Middlebrooks. g 9 A. She can read the -- she or Mr. Thrasher can 9 10 mad the transcript. And mw -- and if I get a chance, 10 11 if you'd like, I can read the transcript and I would be 31 12 glad to send it to you, Mr. Sweetapple, if counsel will 12 13 allow rte to do so. 13 14 Q. I'm sorry. You said she lied to judge 14 is Middlebrooks. 15 16 A. Yes. 16 17 Q. Can You tell me what the lie was that you've 17 16 made such a terrible assertion of this member of the is 19 bar? 19 20 A. Yes. Of that member of the bar she lied to a 20 21 federal judge. What she said is that the town allows 21 22 these type of signs, and I don't remember exactly what 22 23 type of signs. 23 24 But the town does not allow those type of 24 25 signs, acrd she lied. 25 Page 230 wife was going to bed crying at night and suggested that morning that Marty hire a slew of private investigators? A. She did -- she was going to bed at night crying, yes, because of your activities. Now, as far as private investigators, I don't really recall that. I really don't. on the other hand, my opinion, it may not have been a bad idea. But certainly we didn't do it. Q. And did you then say to Mr. Randolph, you needed to only hire two private investigators because you have two targets? A. Who were the two targets? 0. Did you ever say you only need two private investigators because you have two targets? A. I don't think so. Q. He asked you what you meant by that, and you refused to explain. Did that ecmr7 A. My recollection is them were a maple of points during the discussions that he asked ere -- that he asked me, and that I didn't answer him. But I don't remember it here about two PIs. Q. Did you ever make reference to any of the attorneys' daughters? A. No. I asked Miss -- I'm going to say Ms. Morgan. I'm sure that'n not it -- who's the girl sitting next to you? Pase232 Q. So she had an opinion of the law as to what the town allowed, and you said that's a lie? A. No. She didn't have an opinion on law. Q. She was giving her opinion on what the town allowed. A. That's what you said. Q. 'That's what you just said. I'm just quoting you. MR. DESLUZk: I dm't think he said the -word opinion of law.- %hy don't we just move m. BY MR. SWERIAPPLE: Q. And You indicated earlier that I have defamed YOU. Hod have I defamed you? MR. DFSOOZA: I don't recall him saying that, but... BY MR. SWEEMPLE: Q. You did. You said I defamed you and you sued me for defamation. Tell me how I defamed you. A. Do you have the Complaint? Q. You tell me hod I defamed you, please. A. I want you to read the Complaint. 0. Can you tell me? A. I'm not going to. 0. you don't knout? MR. DESOM: That's not what he said. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 234 say that? A. No. But I'm certain I said it was a piece of shit. 0. Did you ever say you would get back at us for it? A. Never. Q. So Mister -- A. I certainly had plenty of time since then. Q. So Mr. Randolph is not telling the truth in his memo here. A. I have no idea what Mr. Randolph is -- wrote, didn't write, says, didn't gay. I'm just telling you what I know. 0. Did you ever say that you're not a violent man; and that you've never been in a fistfight and you've never touched anybody, and hold up your hands while you said that? A. Eactly. Let me give you the context of that. I said, "Why do we have to get the kids involved? It's crazy to get the kids involved." I said, 'The problem is, somebody is going to end up getting hurt." Q. Well, you -- A. I said, "lbw, I don't mean violent, because I've never touched anybody with these hands. Never Page 236 Argumentative. MR. SMITH: Don't answer that question. MR. DLq=: Marty, hold on. MR. SMITH: Really, Bob. MR. DZ90=: Why don't you ask him an actual question and answer instead of your argument asking if you agree with it. THE WITNPSS: He can't. BY MR. SWEETAPPLE: Q. Did you tell Mr. Randolph and Ms. O'Canaor that you had properties in Gulf Stream and that you were going to turn them into sober houses? A. No. This was towards the end of the discussion. And I don't remember exactly, but I remember I used the word -landscaper.- And Skip Randolph went like a rocket in the air, and he said, what have you got against landscapers? What is wrong with a landscaper? I said, "Whoa, whoa. Nothing is wrong with a landscaper. But you wouldn't hire a landscaper, as an example, to do brain surgery." And then as we neared the end, I said, -you know, maybe what I'll do is this. Maybe what I'll do is just go ahead and pct a sober house in the town, and that will be it." Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Nac 233 1 TILE WITNSSS: You read the Complaint. 1 2 BY MR. SWB.SCAPPLE: 2 3 Q. Is there something you believe I said about 3 4 you that's untrue, Mr. O'Boyle? 4 5 A. You're going to read the Coaplaint and you 5 6 will find out. 6 7 Q. So you can't tell rte as you sit here? 7 8 A. I just told you -- 8 9 MR. DESOUZA: That's what he said, Bob. 9 10 BY [OR. SWEZWPLE: 10 11 Q. Did you ask Ms. O'Connor whether O'Connor was 11 12 her maiden name? 12 13 A. Yes, I did. And the reason 1 did, just -- I 13 14 don't think I asked her what her maiden name was. we 14 15 had run a Lexus -Nexus report, and it showed the cane 15 16 like Boecker, B- o- e- c- k -e -r. 16 17 1 asked Ms. O'Connor -- I got her name right 17 18 that time -- I asked Ms. O'COmuor if Boecker was her 15 19 maiden nam:. She said, 'No, that was my first husband's 19 20 name from my first marriage." That's where that came 20 21 from. 21 22 Q. Did you ever tell Ms. O'Connor and 22 23 Mr. Randolph that the pleading that was filed was quote, 23 24 a piece of shit, it was full of shit and that, you, 24 25 Mr. O'Boyle would get back at us for it. Did you ever 25 Page 234 say that? A. No. But I'm certain I said it was a piece of shit. 0. Did you ever say you would get back at us for it? A. Never. Q. So Mister -- A. I certainly had plenty of time since then. Q. So Mr. Randolph is not telling the truth in his memo here. A. I have no idea what Mr. Randolph is -- wrote, didn't write, says, didn't gay. I'm just telling you what I know. 0. Did you ever say that you're not a violent man; and that you've never been in a fistfight and you've never touched anybody, and hold up your hands while you said that? A. Eactly. Let me give you the context of that. I said, "Why do we have to get the kids involved? It's crazy to get the kids involved." I said, 'The problem is, somebody is going to end up getting hurt." Q. Well, you -- A. I said, "lbw, I don't mean violent, because I've never touched anybody with these hands. Never Page 236 Argumentative. MR. SMITH: Don't answer that question. MR. DLq=: Marty, hold on. MR. SMITH: Really, Bob. MR. DZ90=: Why don't you ask him an actual question and answer instead of your argument asking if you agree with it. THE WITNPSS: He can't. BY MR. SWEETAPPLE: Q. Did you tell Mr. Randolph and Ms. O'Canaor that you had properties in Gulf Stream and that you were going to turn them into sober houses? A. No. This was towards the end of the discussion. And I don't remember exactly, but I remember I used the word -landscaper.- And Skip Randolph went like a rocket in the air, and he said, what have you got against landscapers? What is wrong with a landscaper? I said, "Whoa, whoa. Nothing is wrong with a landscaper. But you wouldn't hire a landscaper, as an example, to do brain surgery." And then as we neared the end, I said, -you know, maybe what I'll do is this. Maybe what I'll do is just go ahead and pct a sober house in the town, and that will be it." Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 235 1 touched a human being with theca hands." And that's the 1 2 extent of the way the conversation went. 2 3 Q. You got your son involved by having him move 3 4 a -- allegedly Pennsylvania law firm into your building, 4 5 and feed him hundreds of cases in a foundation that you 5 6 were funding, right? 6 7 MR. DESOUZA: Objection. 7 8 BY MR. SWEEMPLD; 8 9 0. Didn't you get him involved? 9 10 MR. SMITH: Objection. Avgmentive, To 11 MR. DESLOZA: Objection. Asked and answered. 11 12 He is not going to answer it again. 12 13 BY MR. SWERIAPPLE: 13 14 Q. You called me a criminal with regard to the 14 15 way I treated your son. Do you think that the way 15 16 you've treated your son is appropriate here , 16 17 Mr. O'Boyle, or are you ashamed by what you've cone? 17 18 MR. TAYLOR: Objection. Argumentative. 18 19 MR. DESWLA: Objection. Argumentative. 19 20 BY MR. SWEETAPPLE: 20 21 Q. Do you realize that you have put your son in 21 22 an untenable position by having his fine serve as your 22 23 attorney so that your animosity and hatred and 23 24 vindictiveness can be served? 24 25 MR. DEam; Hold on. Objection. 25 Page 234 say that? A. No. But I'm certain I said it was a piece of shit. 0. Did you ever say you would get back at us for it? A. Never. Q. So Mister -- A. I certainly had plenty of time since then. Q. So Mr. Randolph is not telling the truth in his memo here. A. I have no idea what Mr. Randolph is -- wrote, didn't write, says, didn't gay. I'm just telling you what I know. 0. Did you ever say that you're not a violent man; and that you've never been in a fistfight and you've never touched anybody, and hold up your hands while you said that? A. Eactly. Let me give you the context of that. I said, "Why do we have to get the kids involved? It's crazy to get the kids involved." I said, 'The problem is, somebody is going to end up getting hurt." Q. Well, you -- A. I said, "lbw, I don't mean violent, because I've never touched anybody with these hands. Never Page 236 Argumentative. MR. SMITH: Don't answer that question. MR. DLq=: Marty, hold on. MR. SMITH: Really, Bob. MR. DZ90=: Why don't you ask him an actual question and answer instead of your argument asking if you agree with it. THE WITNPSS: He can't. BY MR. SWEETAPPLE: Q. Did you tell Mr. Randolph and Ms. O'Canaor that you had properties in Gulf Stream and that you were going to turn them into sober houses? A. No. This was towards the end of the discussion. And I don't remember exactly, but I remember I used the word -landscaper.- And Skip Randolph went like a rocket in the air, and he said, what have you got against landscapers? What is wrong with a landscaper? I said, "Whoa, whoa. Nothing is wrong with a landscaper. But you wouldn't hire a landscaper, as an example, to do brain surgery." And then as we neared the end, I said, -you know, maybe what I'll do is this. Maybe what I'll do is just go ahead and pct a sober house in the town, and that will be it." Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 236 A. And I answered your question. Q. Did Ms. O'0V r or Mr. Randolph respond to that? A. Mr. Randolph told us to leave the building. He said, *This meeting is over. leave the building.• Q. And didn't you bring up the fact that Bill Thrasher was supposed to be fired? A. Bill Thrasher was certainly supposed to be fired. He was supposed to be fired. I my have -- I don't know if I brought it up at that meeting, but John Worthline wanted to fire you. George Simon. Tom ladmy (phonetic). Marty O'Boyle. Jonathan O'Boyle, That's five. And heck, I can't remember the other two or three. Q. At that meeting on the 4th of June, did you say that you wanted tor. Thrasher fired? A. No. What 1 said was -- and I don't know how W got on the subject. But we were talking about the agreement we currently have. And he said, you breached it. I said, breached it? What do you mean I breached it? How could I have breached it? Yo3 breached it. He said, tow did we breach it? And I told them that You were supposed to fire Bill Thrasher. Joan, George Elmore, Tom Iadony, myself, Skip Randolph, my am, and one or two others. Hill 'Thrasher fired, right? Page240 MR. DESOM: Objection. Asked and answered. BY MR. SWEEfAPPM: Q. You've publicly stated repeatedly that you goal is to have Mr. 'Thrasher fired, right? A. Never. No. Q. And you, at this meeting, stated that you believe that the town was obligated to fire -- breached a settlement agreement to fire Mr. Thrasher. A. I said they breached the settlement agreement by not firing Mr. Thrasher. That's exactly what I said. Q. Is there any written settlement agreement that required Mr. Thrasher to be fired? A. No. But if you want to say George Elmore has no credibility; you want to say that Skip Randolph has no credibility; you want to say that Ton Tadony has no credibility. I'm sure you will say I have no credibility. But there are a few others as well. Q. And immediately after leaving this meeting, did you -- strike that. Did you have permission from the O'Boyle Taw Firm to participate in this meeting m June 4th? A. Yes. Q. And who gave you that permission? A. Bill Ring. I was with him. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 237 1 When I said that, the meeting abruptly ended. 1 2 They made it clear to me that handicapped people in the 2 3 Town of Gulf Stream, they better not show up there, 3 4 because they're not going to go anywi=e, so... 4 5 Q. What did they say to you? Who said what to 5 6 you on that? 6 7 A. Mr. Randolph and Mr. Morgan and Mr. Thrasher. 7 B They clearly -- a 9 Q. At this meeting -- this meeting was -- 9 10 A. This meeting. 10 11 Q. We're talking about a meeting that took place 11 12 on June 4th between four people. 12 13 A. Right. 13 14 Q. And you were describing that to me and all of 14 15 a sudden you went into this -- 15 16 A. What do you want to know? 16 17 Q. -- fantasy. I would like you to stick on the 17 16 topic. IS 19 A. It's not a fantasy, sit, and don't -- don't 19 20 start. 20 21 Q. Mr. O'Boyle, you were talking about a meeting 21 22 with four people. Okay? And I asked you whether or not 22 23 you said that you were going to turn properties in Gulf 23 24 Stream into sober houses. What was said in response to 24 25 that? 25 Page 236 A. And I answered your question. Q. Did Ms. O'0V r or Mr. Randolph respond to that? A. Mr. Randolph told us to leave the building. He said, *This meeting is over. leave the building.• Q. And didn't you bring up the fact that Bill Thrasher was supposed to be fired? A. Bill Thrasher was certainly supposed to be fired. He was supposed to be fired. I my have -- I don't know if I brought it up at that meeting, but John Worthline wanted to fire you. George Simon. Tom ladmy (phonetic). Marty O'Boyle. Jonathan O'Boyle, That's five. And heck, I can't remember the other two or three. Q. At that meeting on the 4th of June, did you say that you wanted tor. Thrasher fired? A. No. What 1 said was -- and I don't know how W got on the subject. But we were talking about the agreement we currently have. And he said, you breached it. I said, breached it? What do you mean I breached it? How could I have breached it? Yo3 breached it. He said, tow did we breach it? And I told them that You were supposed to fire Bill Thrasher. Joan, George Elmore, Tom Iadony, myself, Skip Randolph, my am, and one or two others. Hill 'Thrasher fired, right? Page240 MR. DESOM: Objection. Asked and answered. BY MR. SWEEfAPPM: Q. You've publicly stated repeatedly that you goal is to have Mr. 'Thrasher fired, right? A. Never. No. Q. And you, at this meeting, stated that you believe that the town was obligated to fire -- breached a settlement agreement to fire Mr. Thrasher. A. I said they breached the settlement agreement by not firing Mr. Thrasher. That's exactly what I said. Q. Is there any written settlement agreement that required Mr. Thrasher to be fired? A. No. But if you want to say George Elmore has no credibility; you want to say that Skip Randolph has no credibility; you want to say that Ton Tadony has no credibility. I'm sure you will say I have no credibility. But there are a few others as well. Q. And immediately after leaving this meeting, did you -- strike that. Did you have permission from the O'Boyle Taw Firm to participate in this meeting m June 4th? A. Yes. Q. And who gave you that permission? A. Bill Ring. I was with him. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 239 1 He acid, 'Well, you know that Joan doesn't 1 2 have the authority to do it on her own. She has to care 2 3 to the commission.- 3 4 1 said, 'Yeah, I do know that. 4 5 He said, "Well, then, how could there have 5 6 been -- how could we breach the settlement agreement ?- 6 7 I said, -She never tried. She never even 7 6 tried." g 9 Q. So you want Mr. 'Thrasher fired. 9 10 A. Oh, yeah. I would love to see him fired. He 10 U should be fired. 11 12 Q. 'That's me of your goals. 12 13 A. Well, I wouldn't say it is one of my goals. I 13 14 think he should be fired to save the town a fortune. 14 15 Q. That was one of your platforms when you ran 15 16 for office, right? 16 17 A. Pardon? 17 16 Q. That was me of your platforms when you ran 18 19 for office? 19 20 A. Sane as Mr. Morgan. Me and Mr. Morgan, save 20 21 thing. He said Mister -- Maybe it's time for 21 22 Mr. Thrasher to do his victory lap. Maybe his time has 22 23 passed and so on and so forth. So don't let him kid 23 24 yon. 24 25 Q. So you made it -- it's your desire to have 25 Page 236 A. And I answered your question. Q. Did Ms. O'0V r or Mr. Randolph respond to that? A. Mr. Randolph told us to leave the building. He said, *This meeting is over. leave the building.• Q. And didn't you bring up the fact that Bill Thrasher was supposed to be fired? A. Bill Thrasher was certainly supposed to be fired. He was supposed to be fired. I my have -- I don't know if I brought it up at that meeting, but John Worthline wanted to fire you. George Simon. Tom ladmy (phonetic). Marty O'Boyle. Jonathan O'Boyle, That's five. And heck, I can't remember the other two or three. Q. At that meeting on the 4th of June, did you say that you wanted tor. Thrasher fired? A. No. What 1 said was -- and I don't know how W got on the subject. But we were talking about the agreement we currently have. And he said, you breached it. I said, breached it? What do you mean I breached it? How could I have breached it? Yo3 breached it. He said, tow did we breach it? And I told them that You were supposed to fire Bill Thrasher. Joan, George Elmore, Tom Iadony, myself, Skip Randolph, my am, and one or two others. Hill 'Thrasher fired, right? Page240 MR. DESOM: Objection. Asked and answered. BY MR. SWEEfAPPM: Q. You've publicly stated repeatedly that you goal is to have Mr. 'Thrasher fired, right? A. Never. No. Q. And you, at this meeting, stated that you believe that the town was obligated to fire -- breached a settlement agreement to fire Mr. Thrasher. A. I said they breached the settlement agreement by not firing Mr. Thrasher. That's exactly what I said. Q. Is there any written settlement agreement that required Mr. Thrasher to be fired? A. No. But if you want to say George Elmore has no credibility; you want to say that Skip Randolph has no credibility; you want to say that Ton Tadony has no credibility. I'm sure you will say I have no credibility. But there are a few others as well. Q. And immediately after leaving this meeting, did you -- strike that. Did you have permission from the O'Boyle Taw Firm to participate in this meeting m June 4th? A. Yes. Q. And who gave you that permission? A. Bill Ring. I was with him. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Pagc 242 a member of the O'Boyle Law Firm or not? A. Was what? Q. Was Mr. Ring a member of the O'Boyle Law Finn or not on June 4th at that meeting? A. I'm assuming he was. If rot, I'm assuming he would have spoke to the appropriate people. Q. And -- A. Whoever they may be. Q. What settlement offer did you believe you made at this meeting? A. Well, I think it was a sort of a global kind of settlement to talk about what do we have to do. The first thing we did is we went in and wa said -- I said this meeting is for settlement purposes only, and for no other purpose. And Mr. Randolph, said, well, wait a minute now. What if, you know, wo talk about something else? And I said, well, of course we're going to talk about something else. I mean, we may digress and talk about what we had for dinner last night. This is a settlem u�t conference. And then he and Bill Ring went back and forth quite a bit. And then I said to Bill, are we resolved? And he said, yes. And that's when we started the meeting. So if Psgc244 the children, getting the children involved, which is just plain stupid to get the children involved. After all, your daughter is going to be a lawyer very soon. How would you like if I put a private detective on your daughter? I wouldn't do it and I want do it, but how would you like that? BY MR. SWBBTAPPLE: Q. If my daughter engaged in the activities that You and your son had engaged in, I would expect that appropriate ramifications would occur. We have laws in this state with regard to who practices law, haw we practice law -- A. How we get DUIS. Q. Right. Exactly. MR. OFSOUZA: You don't need to make statements back and forth. BY MR. SWMAPM; Q. Mr. O'Boyle, MR. MOM: Just questions and answers. BY PLR. SWEETMPIE: Q. Mr. O'Boyle, you're the one that put your son in this position, not me. A. You already told me that. Q. And I'm sure it will be like your daughter's DUL the whole world will responsible but not you Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 243 169e 241 1 1 Q. Bill Ring was not at the O'Boyle Law Firm at 1 2 that time. He was not a member of the law firm. 2 3 A. I think he was. 3 4 Q. When did be join the law firm? 4 5 A. You have to ask him. 5 6 Q. I'll look at my chronology and I'll tell you. 6 7 9 (Discussion held off the record.) 7 a A. I'm talking about cabs. a 9 (interruption.) MR. OBSOUZA: It's going to be hard to 9 10 converse with you and take it down at the same 10 11 time. 15 11 12 BY MR. SWBEIAPPLE: 12 13 Q. And is Mr. Ring employed by the O'Bayle Law 13 14 Firm now? is 14 15 A. Tb my knowledge, yes. 15 16 Q. And he gets remuneration from them? 16 17 A. To my knowledge, yes. 17 18 Q. None of your entities employ him directly? iB 19 A. I don't think so. But I don't know. I mean, 19 20 again, I don't know. 20 21 Q. And on June 19, didn't Mr. Ring e-mail 21 22 Mr. Chandler and indicate he was going to become a 22 23 partner in the firm, June 19? 23 24 A. I don't know. 24 25 Q. So when you were at this meeting, was Mr. Ring 25 Pagc 242 a member of the O'Boyle Law Firm or not? A. Was what? Q. Was Mr. Ring a member of the O'Boyle Law Finn or not on June 4th at that meeting? A. I'm assuming he was. If rot, I'm assuming he would have spoke to the appropriate people. Q. And -- A. Whoever they may be. Q. What settlement offer did you believe you made at this meeting? A. Well, I think it was a sort of a global kind of settlement to talk about what do we have to do. The first thing we did is we went in and wa said -- I said this meeting is for settlement purposes only, and for no other purpose. And Mr. Randolph, said, well, wait a minute now. What if, you know, wo talk about something else? And I said, well, of course we're going to talk about something else. I mean, we may digress and talk about what we had for dinner last night. This is a settlem u�t conference. And then he and Bill Ring went back and forth quite a bit. And then I said to Bill, are we resolved? And he said, yes. And that's when we started the meeting. So if Psgc244 the children, getting the children involved, which is just plain stupid to get the children involved. After all, your daughter is going to be a lawyer very soon. How would you like if I put a private detective on your daughter? I wouldn't do it and I want do it, but how would you like that? BY MR. SWBBTAPPLE: Q. If my daughter engaged in the activities that You and your son had engaged in, I would expect that appropriate ramifications would occur. We have laws in this state with regard to who practices law, haw we practice law -- A. How we get DUIS. Q. Right. Exactly. MR. OFSOUZA: You don't need to make statements back and forth. BY MR. SWMAPM; Q. Mr. O'Boyle, MR. MOM: Just questions and answers. BY PLR. SWEETMPIE: Q. Mr. O'Boyle, you're the one that put your son in this position, not me. A. You already told me that. Q. And I'm sure it will be like your daughter's DUL the whole world will responsible but not you Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 243 1 not, I would have never -- I would have walked out of 1 2 the meeting. I would never have went into the meeting 2 3 without it being a settlement conference. 3 4 And what we did, I think the first thing we 4 5 talked about was your -- I don't know what you call it, 5 6 your motion. And we explained that it was a bad notion; 6 7 that there was no factual basis to it, and we were going 7 8 to -- if we didn't already, When I said "we ", I don't B 9 mean me as a lawyer, I want everybody to know that. 9 10 "We", meaning I was there; that we were going to file a 10 11 157, whatever it is called, sanction. 11 12 (interruption.) 12 13 THE WITNESS: 157 sanction. And what we'd 13 14 like to try to do is get rid of this thing. And 14 15 then once we do, to talk about sore of the other 15 16 things and haw we might resolve them. 16 17 And as I recall, the way Joanne had signed 17 18 this, and she looked like she had buyer's remorse, is 19 but I can't tell her facial expressions. But we 19 20 filed the sanctions, for sanctions, and her and 20 21 Skip withdrew the motion. 21 22 Because I think what happened was Skip 22 23 probably Said, what is this all about? And 23 24 guessing now -- I shouldn't -- but in any event, 24 25 that was sort of the way it went. We talked about 25 Pagc 242 a member of the O'Boyle Law Firm or not? A. Was what? Q. Was Mr. Ring a member of the O'Boyle Law Finn or not on June 4th at that meeting? A. I'm assuming he was. If rot, I'm assuming he would have spoke to the appropriate people. Q. And -- A. Whoever they may be. Q. What settlement offer did you believe you made at this meeting? A. Well, I think it was a sort of a global kind of settlement to talk about what do we have to do. The first thing we did is we went in and wa said -- I said this meeting is for settlement purposes only, and for no other purpose. And Mr. Randolph, said, well, wait a minute now. What if, you know, wo talk about something else? And I said, well, of course we're going to talk about something else. I mean, we may digress and talk about what we had for dinner last night. This is a settlem u�t conference. And then he and Bill Ring went back and forth quite a bit. And then I said to Bill, are we resolved? And he said, yes. And that's when we started the meeting. So if Psgc244 the children, getting the children involved, which is just plain stupid to get the children involved. After all, your daughter is going to be a lawyer very soon. How would you like if I put a private detective on your daughter? I wouldn't do it and I want do it, but how would you like that? BY MR. SWBBTAPPLE: Q. If my daughter engaged in the activities that You and your son had engaged in, I would expect that appropriate ramifications would occur. We have laws in this state with regard to who practices law, haw we practice law -- A. How we get DUIS. Q. Right. Exactly. MR. OFSOUZA: You don't need to make statements back and forth. BY MR. SWMAPM; Q. Mr. O'Boyle, MR. MOM: Just questions and answers. BY PLR. SWEETMPIE: Q. Mr. O'Boyle, you're the one that put your son in this position, not me. A. You already told me that. Q. And I'm sure it will be like your daughter's DUL the whole world will responsible but not you Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 246 Q. What proposal did you sake to settle? A. I think we talked about resolving and getting rid of the motion as a condition precedent to then going in and talking about the various record suits. Unfortunately, we didn't get beyond that part. Q. So there was never a foetal settle. t offer made by either side? A. I wouldo't say that. Q. Was there a formal settlement offer made by either side? A. I think so. Q. Who made a foetal offer? A. I think we did. Q. What did you offer to do to settle -- to settle all the cases? A. I think what we, said was that this motion is a piece of garbage. Q. You said it was a piece of shit, actually. A. Piece of shit. You're right. I did say it was a piece of shit. I'm glad you recognize it as such. Q. I don't. I don't think the people that review this are going to recognize it as that either. A. Okay. But in any event, we talked about getting rid of that. And then we talked about, I think, how many other suits there were pending. And let's see. Page 248 Q. Well, did you have a proposal in mind when you went to that meeting to settle? A. I think we -- the proposal that we had in mind was to start with that motion. And that's exactly what we did. Q. You wanted the wtion to be withdrawn and than you were going to just discuss settlement? A. Tbat's the way that I'm familiar with how you make a settlement. Q. Well, normally you have a proposal in mind. What was your proposal to settle all the cases? A. Normally you may have a proposal in mind. I do it my way, you do it you way. I told you the way I do it, and let's move on. Q. I'm just trying to understand what happened because I haven't heard of a settlement proposal from You and I haven't heard a settlement proposal recounted in You testimony from Ms. O'Connor or Mr. Randolph. I heard you call it a settlement comferenre. Were there any proposals made by either aids to settle the litigation? A. We made it clear that when we got there, that the meeting was for settlement purposes only and for no other reason. No other purpose. And than ws talked about the motion, and than it meandered a little bit Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 245 1 because you're never responsible. 1 2 MR. SMPIH: Bob -- objection. 2 3 MR. OESMM: Objection. Let's take a break. 3 4 At this point there is nothing beneficial going on 4 5 here. 5 6 MR. SWEMAPYLE: Let's take a break and as 6 7 lag as you need. I'm about to go into the motion 7 a to disqualify and the motion, for sanctions and the 8 9 specific evidence. 9 to MR, OESOM: Great. 10 11 THE VIDbORAPHM: The time is 4:20 p.m. 11 12 We're gong off the record. 12 13 (At 4:20 p.m. a brief recess was had.) 13 14 IRE VIDEOGRAPMR: The time is 4:36 p.m. We're 14 15 back on record. 35 16 BY M. SWEETAPPLE: 16 17 Q. All right. As far as this meeting that 17 18 occurred on June 4th, did you or Mr. Ring make any le 19 settlement proposal? 19 20 A. Yes, In a general way, 20 21 Q. What did you propose? 21 22 A. We proposed, first of all, to get rid of that 22 23 motion; the me that we said, "whose brainchild was 23 24 this." And then we talked about the other -- I think we 24 25 talked generally about the other lawsuits. 25 Page 246 Q. What proposal did you sake to settle? A. I think we talked about resolving and getting rid of the motion as a condition precedent to then going in and talking about the various record suits. Unfortunately, we didn't get beyond that part. Q. So there was never a foetal settle. t offer made by either side? A. I wouldo't say that. Q. Was there a formal settlement offer made by either side? A. I think so. Q. Who made a foetal offer? A. I think we did. Q. What did you offer to do to settle -- to settle all the cases? A. I think what we, said was that this motion is a piece of garbage. Q. You said it was a piece of shit, actually. A. Piece of shit. You're right. I did say it was a piece of shit. I'm glad you recognize it as such. Q. I don't. I don't think the people that review this are going to recognize it as that either. A. Okay. But in any event, we talked about getting rid of that. And then we talked about, I think, how many other suits there were pending. And let's see. Page 248 Q. Well, did you have a proposal in mind when you went to that meeting to settle? A. I think we -- the proposal that we had in mind was to start with that motion. And that's exactly what we did. Q. You wanted the wtion to be withdrawn and than you were going to just discuss settlement? A. Tbat's the way that I'm familiar with how you make a settlement. Q. Well, normally you have a proposal in mind. What was your proposal to settle all the cases? A. Normally you may have a proposal in mind. I do it my way, you do it you way. I told you the way I do it, and let's move on. Q. I'm just trying to understand what happened because I haven't heard of a settlement proposal from You and I haven't heard a settlement proposal recounted in You testimony from Ms. O'Connor or Mr. Randolph. I heard you call it a settlement comferenre. Were there any proposals made by either aids to settle the litigation? A. We made it clear that when we got there, that the meeting was for settlement purposes only and for no other reason. No other purpose. And than ws talked about the motion, and than it meandered a little bit Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 247 1 If we can get rid of this and let's address that. 1 2 Q. And so you were unable to meet the condition 2 3 precedent, correct? 3 4 A. No. No. You were unable to -- unwilling to 4 5 meet the conditions precedent. 5 6 Q. When you say myoua, you're talking about 6 7 Mr. Randolph and me. o'conmer? 7 a A. Yes. Uh -huh. 8 9 Q. So you never got to the issue of a global 9 10 settlement? 10 11 A. Well, I wouldn't say that. I would say that 11 12 we started off talking about the motion. That's where 12 13 we started. And then you sort of migrate, and sometimes 13 14 after that happened, there's no telling where it would 14 15 have went, this way, that way, the other way. This was 15 16 the main event in our eyes. 16 17 Q. So you wanted to get rid of the motion? 17 18 A. Yes. 18 19 Q. What we you willing to do if they got rid of 19 20 the motion to settle the litigation? 20 21 A. Well, they were willing to -- hopefully, 21 22 figure cut away to get rid of the records suits. 22 23 Q. All the lawsuits? 23 24 A. Well, I don't know, because we didn't get that 24 25 far. 25 Page 246 Q. What proposal did you sake to settle? A. I think we talked about resolving and getting rid of the motion as a condition precedent to then going in and talking about the various record suits. Unfortunately, we didn't get beyond that part. Q. So there was never a foetal settle. t offer made by either side? A. I wouldo't say that. Q. Was there a formal settlement offer made by either side? A. I think so. Q. Who made a foetal offer? A. I think we did. Q. What did you offer to do to settle -- to settle all the cases? A. I think what we, said was that this motion is a piece of garbage. Q. You said it was a piece of shit, actually. A. Piece of shit. You're right. I did say it was a piece of shit. I'm glad you recognize it as such. Q. I don't. I don't think the people that review this are going to recognize it as that either. A. Okay. But in any event, we talked about getting rid of that. And then we talked about, I think, how many other suits there were pending. And let's see. Page 248 Q. Well, did you have a proposal in mind when you went to that meeting to settle? A. I think we -- the proposal that we had in mind was to start with that motion. And that's exactly what we did. Q. You wanted the wtion to be withdrawn and than you were going to just discuss settlement? A. Tbat's the way that I'm familiar with how you make a settlement. Q. Well, normally you have a proposal in mind. What was your proposal to settle all the cases? A. Normally you may have a proposal in mind. I do it my way, you do it you way. I told you the way I do it, and let's move on. Q. I'm just trying to understand what happened because I haven't heard of a settlement proposal from You and I haven't heard a settlement proposal recounted in You testimony from Ms. O'Connor or Mr. Randolph. I heard you call it a settlement comferenre. Were there any proposals made by either aids to settle the litigation? A. We made it clear that when we got there, that the meeting was for settlement purposes only and for no other reason. No other purpose. And than ws talked about the motion, and than it meandered a little bit Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 247 Pagc 251 1 here and there. And then when it was clear that the 1 2 motion Was not going to he resolved, then we talked 2 3 about sore other things. 3 4 And then Mr. Randolph, when we talked about 4 5 handicapped people, he -- he shocked rte. Handicapped 5 6 people and landscaper. He just Shocked me. 6 7 Q. Now did he shock you? 7 a A. He asked un to leave. Shocked me. I mean, I 0 9 would never expected a Jones Foster lawyer to 9 10 discriminate against handicap people like that. 10 11 Q. What did he say to you that you thought was a 11 12 discrimination? 12 13 A. I'm trying to think for a second. When I 13 14 raised the sober house, I said, Well, maybe what I'll do 14 15 is just put in a sober house down there. And he just 15 16 said, This meting is ever. Go ahead and leave. It's 16 17 over." 17 10 Q. That's all that happened? 1B 19 A. Well, no. It was -- the meting probably 19 20 lasted an hour and 45 minutes. 20 21 Q. I'm talking about the subject of you said he 21 22 discriminated against handicapped people. Did he say 22 23 something? He just said the meeting is over? 23 24 A. Well, no. But it Was based upon a sober house 24 25 which is handicapped people. 25 Page25O Q. Well -- and you think that he didn't just terminate the meeting because it was clearly your only reason for being there was to try to intimidate and peke demands? M. DESOULA: Objection. THE WITNESS: First of all, I didn't try to intimidate. Secondly, I didn't try to make dertands. Thirdly, if either of those two were his, that was his goal, he would have said it long before I ever raised the word sober louse. BY MR. SWEEAFPIE: Q. And had you been thinking about opening sober houses before that meeting? A. I had been thinking about it, and thinking as we sit here right now. Q. Okay. And were you threatening that to the tam to try to get them to do something? Why did you MY that? A. I just said it. Q. Was it a threat? A. No, Q. Why were you bringing that up at that time? A. I'm nut sure. We say have -- we talked about something in advance to that. And I remember a landscaper. I raised a landscaper. So I don't Page 252 Q. Who did you tell to do it? A. I don't know. Q. And what airline, what coapany did it? A. I don't knew. Q. And who wrote the language, "Jones Foster clients check your bills?" A. Probably ire. Q. And why did you have a banner that said, "Jones Foster clients check your bills?" A. I thought, and I still think, that this whole crowd is out of control. Jones Foster's bills Trent from 3 or 4,000 a month, to 50 -- 45, 50,000 a month, which is awful high. And I think it is good for the people, good for the town, good for everybody, for people to check their bills. Q. Weren't you implying that Jones Foster clients were being ripped off in their billings? A. No. You must -- you have a dirty mind. Q. Isn't that a normal -- you said clients, Jones Foster clients. You didn't refer to the town. You referred to their clients. A. Yes. Q. So you wanted their clients to check their bills? A. Yes. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Pagc 251 1 remember, but that is my recollection of what happened. 1 2 Q. Wen you threatening that you were going to 2 3 open a sober house if the town didn't stop pointing out 3 4 the allegations regarding your son's law firm? 4 5 A. Well, it bas been four months. Have I opened 5 6 up a sober house? 6 7 Q. Well, let's talk about that. Tbo days later 7 B after the meeting you went to the town and gave them a 6 9 letter. If you'll mark this next, please. 9 10 (Defendant's Exhibit No. 16 was marked for 10 11 identification.) 11 12 BY MR. SWEBAPPLE; 12 13 Q. The next date, June 5th, you had a banner 13 14 flown, didn't yarn? 14 15 A. I don't know. 15 16 Q. Well, didn't you have a banner flown that says 16 17 "Jones Foster clients check your bills ?" 17 SB A. I think I had a banner floor that said that. 10 19 1 don't know if it was the next day. 19 20 Q. Well, you don't -- did you -- are you the one 20 21 that arranged that banner? 21 22 A. Indirectly, yes. 22 23 Q. Indirectly, you mean you told someone to do 23 24 it? 24 25 A. Yes. 25 Page25O Q. Well -- and you think that he didn't just terminate the meeting because it was clearly your only reason for being there was to try to intimidate and peke demands? M. DESOULA: Objection. THE WITNESS: First of all, I didn't try to intimidate. Secondly, I didn't try to make dertands. Thirdly, if either of those two were his, that was his goal, he would have said it long before I ever raised the word sober louse. BY MR. SWEEAFPIE: Q. And had you been thinking about opening sober houses before that meeting? A. I had been thinking about it, and thinking as we sit here right now. Q. Okay. And were you threatening that to the tam to try to get them to do something? Why did you MY that? A. I just said it. Q. Was it a threat? A. No, Q. Why were you bringing that up at that time? A. I'm nut sure. We say have -- we talked about something in advance to that. And I remember a landscaper. I raised a landscaper. So I don't Page 252 Q. Who did you tell to do it? A. I don't know. Q. And what airline, what coapany did it? A. I don't knew. Q. And who wrote the language, "Jones Foster clients check your bills?" A. Probably ire. Q. And why did you have a banner that said, "Jones Foster clients check your bills?" A. I thought, and I still think, that this whole crowd is out of control. Jones Foster's bills Trent from 3 or 4,000 a month, to 50 -- 45, 50,000 a month, which is awful high. And I think it is good for the people, good for the town, good for everybody, for people to check their bills. Q. Weren't you implying that Jones Foster clients were being ripped off in their billings? A. No. You must -- you have a dirty mind. Q. Isn't that a normal -- you said clients, Jones Foster clients. You didn't refer to the town. You referred to their clients. A. Yes. Q. So you wanted their clients to check their bills? A. Yes. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 254 even going near the Breakers. Q. Well, did you direct -- do you direct when these banners go, where the planes fly? A. Generally stated I would say yes. Q. So when did you -- who do you talk to about where you want the planes to fly? A. My secretary. Q. Okay. And when did you say you wanted the "JF don't drink, and drive we'll be watching, banner? A. I don't remember. But it was between point A and point B. Q. So you don't remember the specifics of it? A. No. Q. And what about the "Jones Foster clients check your bills.' Did you give her a geographic area for that? MR. DBBOOM: Object to form. BY MR. SWERIAPPLE: Q. A geographic area to have the planes fly? A. Yeah. The answer is -- I don't recall. I mean, I just don't recall. Q. And on June 6th, that sams day that you had the "IF don't drink and drive, we'll be watching you," you were doing this out of anger because Jones Foster wouldn't dismiss the motim regarding disqualifying the Page 256 bemuse if you take the position with the court that it's a settlement meeting, I don't think you're entitled to it. If you admit it's not a settlement meeting, I think You are. So I guess we'll have that discussion before the judge when you decide what side of the bed you're on. Your client seams to think it's a settlement conference. I don't, but we'll have a debate about it. M. DESOU'LA: Bob, I'm airply referring to Your statement that VX. Randolph carefully detailed sorething you haven't shared with us. MR. SWBEUME: I read you excerpts from it and you'll an Ms. O'Connor has we that is remarkably similar to it. And contrary to Mfr. O'Boyle's statements, I know the both of them to be ethical people. But anyone who relies on Mr. O'Boyle's judge of character does so at their own risk, I suggest. MR. TAYLOR: You don't need to respond when all he is doing is giving a speech. MR. DESOUZA: Marty. MR. SWEEMPPLE: I have sat here and listened to him tell me my co- mmnsel lied to federal judges. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 253 1 Q. You don't think it's a reasonable 1 2 interpretation that that is an inpliration that Jones 2 3 Foster somehow is overbilling their clients? 3 4 A. No. 4 5 Q. And you didn't intact to create that 5 6 inmressim when you had that banner flown? 6 7 A. No. 7 6 Q. So a jury shouldn't reasonably think that that a 9 was a statement irplicitly that Jones Foster is, in its 9 10 bills, ripping off its clients? 10 11 MR. DESOUZA: Objection to farm. it 12 THE WITNESS: No. Not at all. 12 13 BY M. SWEEMPL3: 13 14 Q. And then the next day you had a banner flown 14 15 up and down Palm Beach County; are you aware? LS 16 A. No. 16 17 Q. Do you ramerber it? 17 1B A. No. la 19 Q. Do you recall there was a bar installation 19 20 meeting at the Breakers? 20 21 A. No. 21 22 Q. And you had a hammer fly that said aJF don't 22 23 drink and drive, we'll be watching.^ Do you remember 23 24 that? 24 25 A. I remzber the banner. I don't remember it 25 Page 254 even going near the Breakers. Q. Well, did you direct -- do you direct when these banners go, where the planes fly? A. Generally stated I would say yes. Q. So when did you -- who do you talk to about where you want the planes to fly? A. My secretary. Q. Okay. And when did you say you wanted the "JF don't drink, and drive we'll be watching, banner? A. I don't remember. But it was between point A and point B. Q. So you don't remember the specifics of it? A. No. Q. And what about the "Jones Foster clients check your bills.' Did you give her a geographic area for that? MR. DBBOOM: Object to form. BY MR. SWERIAPPLE: Q. A geographic area to have the planes fly? A. Yeah. The answer is -- I don't recall. I mean, I just don't recall. Q. And on June 6th, that sams day that you had the "IF don't drink and drive, we'll be watching you," you were doing this out of anger because Jones Foster wouldn't dismiss the motim regarding disqualifying the Page 256 bemuse if you take the position with the court that it's a settlement meeting, I don't think you're entitled to it. If you admit it's not a settlement meeting, I think You are. So I guess we'll have that discussion before the judge when you decide what side of the bed you're on. Your client seams to think it's a settlement conference. I don't, but we'll have a debate about it. M. DESOU'LA: Bob, I'm airply referring to Your statement that VX. Randolph carefully detailed sorething you haven't shared with us. MR. SWBEUME: I read you excerpts from it and you'll an Ms. O'Connor has we that is remarkably similar to it. And contrary to Mfr. O'Boyle's statements, I know the both of them to be ethical people. But anyone who relies on Mr. O'Boyle's judge of character does so at their own risk, I suggest. MR. TAYLOR: You don't need to respond when all he is doing is giving a speech. MR. DESOUZA: Marty. MR. SWEEMPPLE: I have sat here and listened to him tell me my co- mmnsel lied to federal judges. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Nge 255 1 law firm, right? 1 2 MR. TAYLOR: Object to form. 2 3 MR. DESOOZA; Same. 3 4 THE WL'l1,lEE5S: I thought you were a lawyer, not 4 5 a psychiatrist. 5 6 BY MR. SWEETAPPLE: 6 7 Q, I'm just asking you a question. That's really 7 6 why you did it. g 9 A. Don't tell me about me being -- about anger. 5 10 Q. Well, I can lead my questions. What was your SO 11 motivation if it wasn't anger? 11 12 A. Why don't you read nee your question again. 12 13 Q. When you had these two banners flown, was it 13 14 done out of anger? 14 15 A. No. 15 16 Q. Was it done for the purpose of retaliating? 16 17 A. No. 17 16 Q. Why was it done? Wary was it done immediately 16 19 after this meeting that Mr. Randolph carefully details 19 20 in his two- and -half page man? 20 21 MR. DESOOZA: The two- and -a -half page memo 21 22 that you're saying he carefully detailed that 22 23 you're not going to share with us? 23 24 M. SWERIAPPLE: I'm going to wait to see if 24 25 you decide if this was a settlement meeting or not, 25 Page 254 even going near the Breakers. Q. Well, did you direct -- do you direct when these banners go, where the planes fly? A. Generally stated I would say yes. Q. So when did you -- who do you talk to about where you want the planes to fly? A. My secretary. Q. Okay. And when did you say you wanted the "JF don't drink, and drive we'll be watching, banner? A. I don't remember. But it was between point A and point B. Q. So you don't remember the specifics of it? A. No. Q. And what about the "Jones Foster clients check your bills.' Did you give her a geographic area for that? MR. DBBOOM: Object to form. BY MR. SWERIAPPLE: Q. A geographic area to have the planes fly? A. Yeah. The answer is -- I don't recall. I mean, I just don't recall. Q. And on June 6th, that sams day that you had the "IF don't drink and drive, we'll be watching you," you were doing this out of anger because Jones Foster wouldn't dismiss the motim regarding disqualifying the Page 256 bemuse if you take the position with the court that it's a settlement meeting, I don't think you're entitled to it. If you admit it's not a settlement meeting, I think You are. So I guess we'll have that discussion before the judge when you decide what side of the bed you're on. Your client seams to think it's a settlement conference. I don't, but we'll have a debate about it. M. DESOU'LA: Bob, I'm airply referring to Your statement that VX. Randolph carefully detailed sorething you haven't shared with us. MR. SWBEUME: I read you excerpts from it and you'll an Ms. O'Connor has we that is remarkably similar to it. And contrary to Mfr. O'Boyle's statements, I know the both of them to be ethical people. But anyone who relies on Mr. O'Boyle's judge of character does so at their own risk, I suggest. MR. TAYLOR: You don't need to respond when all he is doing is giving a speech. MR. DESOUZA: Marty. MR. SWEEMPPLE: I have sat here and listened to him tell me my co- mmnsel lied to federal judges. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Pugc 258 A. May I? Q. Sure. A. It was delivered from my office. It appears to be from my office. Q. So it was not delivered by hand, it was delivered electronically or by fax? A. I would say so. Q. Okay. A. Not faxed. Q. And so you made -- you personally made the decision to form a company to acquire houses in Gulf Stream for use as sober houses. ^I intend to begin the implementation of this program forthwith," right? Is that what you stated in the letter? A. You're reading it, not me. Q. Is that what you stated in rlw- letter? And did you, in fact, on June 6, two days after the. meeting with Mr. Randolph and Ms. O'Connor, form a caigany for the purpose of opening sober louses in Gulf Stream? A. I don't know. Q. Did you direct Mr. Ring to form a company by the name of Sweet Apple Sober Houses, LLC on June 67 A. No. Q. 2014? A. No. Page 257 A. 1 Let's talk about this letter, Exhibit 16, You 1 2 wrote -- 2 3 MR. DFSOUZA: Hold on. Is this a one -copy 3 4 letter? Can I see it? 4 5 W. SWEElAPPLE: Yes, you can. 5 6 MR . DESOU2A: Thark you, Do you lave an extra 6 7 copy of this, or just the one? 7 8 MR. SWE MP12: I do not. Apparently, 8 9 Mr. O'Boyle says it is floating all around Gulf 9 10 Stream. And he filed a lawsuit ever that. It 10 11 concerns him that this letter would be floating all 11 12 mer Gulf Stream. 12 13 MR. DESaM: Jeanne, you have the letter? 13 14 MS. 0'OONNQR: Yes. I'll get it. 14 15 BY MR. SWSEl'APPLE: 15 16 Q. Mr. O'Boyle, do you recognize that letter? 16 17 MR. DESOUZA: It's not in front of him at this 17 10 point. Skip has it right now, 18 19 MR. SWWAPPLE: Okay. 19 20 MR. SMITH: What is it? Six -- 20 21 MR. DESLUZA: June 6. 21 22 THE WITNESS: Yes. 22 23 BY MR. SWEETAPPLE: 23 24 Q. Did you deliver this letter to the Town of 24 25 Gulf. Stream? 25 Pugc 258 A. May I? Q. Sure. A. It was delivered from my office. It appears to be from my office. Q. So it was not delivered by hand, it was delivered electronically or by fax? A. I would say so. Q. Okay. A. Not faxed. Q. And so you made -- you personally made the decision to form a company to acquire houses in Gulf Stream for use as sober houses. ^I intend to begin the implementation of this program forthwith," right? Is that what you stated in the letter? A. You're reading it, not me. Q. Is that what you stated in rlw- letter? And did you, in fact, on June 6, two days after the. meeting with Mr. Randolph and Ms. O'Connor, form a caigany for the purpose of opening sober louses in Gulf Stream? A. I don't know. Q. Did you direct Mr. Ring to form a company by the name of Sweet Apple Sober Houses, LLC on June 67 A. No. Q. 2014? A. No. P.O. 259 A. 1 Q. And the registered agent is indicated to be 1 2 William F. Ring, Jr. He is your attorney, right? 2 3 A. He is -- you can say he is my attorney, yeah. 3 4 Q. He was the attorney who was with you at the 4 5 meeting where you threatened to open sober houses, 5 6 right? 6 7 A. I didn't threaten anything. 7 8 Q. Ihat's where you stated you were going to open 8 9 a sober house. He was the lawyer that was with you at 9 10 that meeting, right? 10 11 A. How about if I was going to open a hamburger 11 12 stand? Was that a threat? 12 13 Q. Mr. Ring was with you at that meeting, right? 13 14 A. Is that a threat? 14 15 Q. Was Mr. Ring in the vicinity of you when you 15 16 said you were going to open up a sober house? 16 17 A. I don't know if he was or not. 17 16 Q. And after that stata=t was made, 18 19 Mr. Randolph asked you to leave his office, right? 19 20 A. Yes. 20 21 Q. And within two days, Mister -- who actually 21 22 filed the Sweet Apple Sober Hanes, LJ.C, Florida Limited 22 23 Liability Company articles with the Secretary of State? 23 24 A. I don 't know. 24 25 0. Did you ask that it he done? 25 Pugc 258 A. May I? Q. Sure. A. It was delivered from my office. It appears to be from my office. Q. So it was not delivered by hand, it was delivered electronically or by fax? A. I would say so. Q. Okay. A. Not faxed. Q. And so you made -- you personally made the decision to form a company to acquire houses in Gulf Stream for use as sober houses. ^I intend to begin the implementation of this program forthwith," right? Is that what you stated in the letter? A. You're reading it, not me. Q. Is that what you stated in rlw- letter? And did you, in fact, on June 6, two days after the. meeting with Mr. Randolph and Ms. O'Connor, form a caigany for the purpose of opening sober louses in Gulf Stream? A. I don't know. Q. Did you direct Mr. Ring to form a company by the name of Sweet Apple Sober Houses, LLC on June 67 A. No. Q. 2014? A. No. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 260 A. Did f ask that it be done? Q. Did you ask the secretary like Ms. De ]arnartini or someone to do that? A. I would say yes. Q. Who did you ask to do it? A. I don't know. Q. Was it Ms. De Iarmartini7 A. I have no idea. Q. Did you ask Mr. Ring if he was willing to be the registered agent? A. No. Q. How did Mr. Ring's name get put on as the registered agent? A. We probably put it there. Q. Without his permission? A. Yes. Q. Yes? A. Yes. Q. Since I filed the motion for sanctions, has Mr. Ring asked to have his name removed as a registered agent? A. I don't think he knows it's there. Q. Well, the motion was served an him and it makes reference to this application. Do you know, has Mr. Ring ever discussed with you -- have you discussed Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 261 Page 263 1 with Mr. Ring the face that big Wane is a registered 1 2 agent? 2 3 MR. DESOUZA: you can answer yes or no. I 3 4 don't want yo to get into the substance of 4 5 conversations. You can answer whether you 5 6 discussed it or not. 6 7 THE WITNESS: What was your question again? 7 8 BY W. SWT'33IAPPLE: a 9 Q. Did you tell Mr. Ring you were putting his 9 10 name in as registered agent? 10 11 A. I don't recall that we did. That I did. 11 12 Q. yo listed yourself as the manager, correct? 12 13 A. I don't know. 13 14 Q. And why did you pick the name Sweet Apple 14 15 Sir Hoses, LLC? Was it in any reference to me? 15 16 A. It was a reference to -- the town was highly 16 17 objectionable to having sober houses. Yo, I thought, 17 1s were taking the position with the town that you were -- 16 19 you're going to break then. And I thought we would put 19 20 that -- we would use that for a name, and that would he 20 21 the name. It was funny. And that tided up being the 21 22 name. 22 23 Q. so you did it because it was funny and yo 23 24 thought I was taking the town in a way that would break 24 25 them? 25 Page 262 A. I think that you're going to end up breaking the town is what I -- if I didn't rake that clear, that's what I think. Q. So that's why you put my name on the sober house ccapany? A. No. No. What I said was, you have to take the two of them together. And I took the two of them together. And I thought that it was a carbinatim that would knock everybody down a notch or two. I thought it was funary. Besides all of that, it is something that the First Amendment of the constitution allows me to be. Q. That's your legal conclusion? A. Yes, it is. Q. Okay. And so the pnpose was to knock people down a notch or two? MR. DESODLI: Objection. Misstates his tes Cimny. BY W... SWEETAPPLE: Q. Did you say that was we of the purposes, was to knock people down a notch or two? A. No. What I said was that the town is of of control. I think you're mt of control. I put the two mope together, and we formed the company. I thought it was funny. I thought it brought smiles to people's face. And in addition, I thought Page 264 Take a closer look. And I thought that it was not in violation of the constitution, so... Q. You don't think it's defamatory to put my name with an activity that you believe is offensive to residents of Gulf Stream? MR. DBSLUZA: Objection. Form. THE WITNESS: It shouldn't be. If the -- if the people of Gulf Stream are going to discriminate against handicapped people, shame on them, starting with the top down. BY W. SWSCPAPPLE: Q. What if I wanted to put a sign up in a house next to your house in Gulf Stream that said Martin O'Boyle's whorehouse? You think the First Amendment gives rte the right to use your name in conjunction with whorehouse? A. After I spoke with my counsel, I will give you an answer. Q. Did you get any legal advice from, any lawyer before you decided to use the name, Sweetapple Sober Houses, with regard to your efforts to place a sober house in Gulf Stream, Florida? A. Well, you asked two questions there. Q. Did ym obtain any advice from any attorney with regard to the issue of whether or not it would be Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 263 1 that it -- I thought -- I'm losing my train of thought 1 2 for a moment. Demise me. 2 3 It would bring things down a notch or two, and 3 4 the First Amendment allows me to do it, so I did it. 4 5 Q. I guess we'll find mt if the First Amendment 5 6 allows you to do it at scree point. 6 7 A. sure. 7 a Q. But right now, what do you mean by "knock down 0 9 a notch or two ?^ What are you referring to? 9 10 A. What I'm referring to is, when people get a 10 11 little high On their horse, you knock then don a notch 11 12 or two. 12 13 Q. So You use my name in order to ]mode rte down a 13 14 notch or two? 14 15 A. I think so. 15 16 Q. In order to hurt my reputation to -- you 16 17 wanted to -- 17 16 A. No, not at all. 18 19 Q. Did you want to affiliate ton, my name as a 19 20 professional with your efforts to put sober hoses in 20 21 Gulf Stream? 21 22 A. I wanted to layout the name -- can't think of 22 23 it now. Sweet Apple Sober Houses, because I thought it 23 24 was funny. I thought it would knock things don a notch 24 25 or two. Maybe make the people focus a little bit more. 25 Page 262 A. I think that you're going to end up breaking the town is what I -- if I didn't rake that clear, that's what I think. Q. So that's why you put my name on the sober house ccapany? A. No. No. What I said was, you have to take the two of them together. And I took the two of them together. And I thought that it was a carbinatim that would knock everybody down a notch or two. I thought it was funary. Besides all of that, it is something that the First Amendment of the constitution allows me to be. Q. That's your legal conclusion? A. Yes, it is. Q. Okay. And so the pnpose was to knock people down a notch or two? MR. DESODLI: Objection. Misstates his tes Cimny. BY W... SWEETAPPLE: Q. Did you say that was we of the purposes, was to knock people down a notch or two? A. No. What I said was that the town is of of control. I think you're mt of control. I put the two mope together, and we formed the company. I thought it was funny. I thought it brought smiles to people's face. And in addition, I thought Page 264 Take a closer look. And I thought that it was not in violation of the constitution, so... Q. You don't think it's defamatory to put my name with an activity that you believe is offensive to residents of Gulf Stream? MR. DBSLUZA: Objection. Form. THE WITNESS: It shouldn't be. If the -- if the people of Gulf Stream are going to discriminate against handicapped people, shame on them, starting with the top down. BY W. SWSCPAPPLE: Q. What if I wanted to put a sign up in a house next to your house in Gulf Stream that said Martin O'Boyle's whorehouse? You think the First Amendment gives rte the right to use your name in conjunction with whorehouse? A. After I spoke with my counsel, I will give you an answer. Q. Did you get any legal advice from, any lawyer before you decided to use the name, Sweetapple Sober Houses, with regard to your efforts to place a sober house in Gulf Stream, Florida? A. Well, you asked two questions there. Q. Did ym obtain any advice from any attorney with regard to the issue of whether or not it would be Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 266 A, Yeah, I did think it was funny. Q. And you wanted to bring me dawn a notch or two. A. Yeah. I think you needed to go down a notch or two. Q. And -- A. And I think the -- Q. And you think the First Amendment protects You? A. I think these guys need to go down a notch or two or three. Q. What about you? Do you think you have any issues that maybe you need to confront? A. No. But you're more than welcors, I would invite you to utilize the First Anendi ent to take -- to take Bury action that you wish that complies with protect -- where you're protected by the First Amendrent against me. That's what it's there for and T would encourage you to do it. Q. Do you think you could open up something called sweet Apple's Whorehouse? MR. DFSCOZA: Objection. MR. SMITH: Asked and answered. MR. DFSOO2.A: Objection. You're asking him to speculate at this point. Pnge 268 copy of it? A. Well, I think -- no, not upset. It's just it annoyed me, because when you send a letter to the town, they are not to send it to their cronies to spread it around and say O'Boyle is a bad guy. So several people called me and told me they had a copy of It. So all I wanted to do is find out who has got a copy and where they got it from, and then I'll deal with it. Q. Okay. Well, that letter was sent to the town, right? A. Yes. Q. And it's a public record. A. Yes. Q. And anyone can ask for a copy of it. A. I don't know about that, but, yeah, I think no. Q. Why couldn't anyone do like you do and go ask for a copy of this letter? A. I'm not answering that. I already answered. Q. Didn't you expect when this letter was sent, that it would become a public record? A. What I didn't expect is that nobody world ask for that public record and it be all over town. That's what I didn't expect. Q. How do you kmw no one asked for a copy? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page265 1 defamatory to associate my name with a sober house in 1 2 Gulf Stream, Florida? 2 3 A. Well, first of all, I don't think it's your 3 4 name, but put that aside for a moment -- because it is 4 5 two names -- when we designed the name, we designed it 5 6 with you in mind. so I will just tell you that. 6 7 Q. Who is "we ", Mr. O'Boyle? 7 8 A. Me. 8 9 Q. You said ^we ". Who did you mean? 9 10 A. I know I said "we." lO 11 Q. You didn't have someone else that you did this 11 12 with? 12 13 A. No. 13 14 Q. Did you discuss it with your wife? 14 15 A. Ho. 15 16 Q. Noe' about your son? 16 17 A. No. 17 18 Q. How about Mr. Ring? 10 19 A. No. 19 20 Q. Just you? 20 21 A. Yeah. 21 22 Q. So you had Be in mind. 22 23 A. Yes. 23 24 Q. You wanted to bring re down a notch or two and 24 25 you thought it was funny. 25 Page 267 1 BY MR. SWERTAPPLE: 1 2 Q. You're telling me your legal opinion as to the 2 3 First Amendment protects this. Did you give 3 4 consideration of whether or not you could say 4 5 "SweeLapple Unethical Taw Firm- and put a sign up in 5 6 front of a building in Deerfield Beach? Just Sweetapple 6 7 Broeker and Vargas, rip -off lawyers. Do you think you 7 6 can put a sign up that said that, and that the First a 9 Amendment protects you to do that? 9 10 A. The First Amendment protects you to do certain 10 11 things. Whether it protects you to do that, I don't 11 12 know. 12 13 Q. Do you think it protects you to directly or 13 14 indirectly defame people or to associate them with 14 15 businesses? You knew I had no association with this 15 16 business, right? I wasn't involved in this entity. 16 17 Strike that. 17 18 Did you believe that I had any involvement in 10 19 this company financially or otherwise? 19 20 A. I think I've answered the question multiple 20 21 times, and what I suggest is that we move on. 21 22 Q. Where would you like to move on to? 22 23 A. Whatever you would like. 23 24 Q. And after this letter was sent to the town, 24 25 did you become upset that people in the town obtained a 25 Page 266 A, Yeah, I did think it was funny. Q. And you wanted to bring me dawn a notch or two. A. Yeah. I think you needed to go down a notch or two. Q. And -- A. And I think the -- Q. And you think the First Amendment protects You? A. I think these guys need to go down a notch or two or three. Q. What about you? Do you think you have any issues that maybe you need to confront? A. No. But you're more than welcors, I would invite you to utilize the First Anendi ent to take -- to take Bury action that you wish that complies with protect -- where you're protected by the First Amendrent against me. That's what it's there for and T would encourage you to do it. Q. Do you think you could open up something called sweet Apple's Whorehouse? MR. DFSCOZA: Objection. MR. SMITH: Asked and answered. MR. DFSOO2.A: Objection. You're asking him to speculate at this point. Pnge 268 copy of it? A. Well, I think -- no, not upset. It's just it annoyed me, because when you send a letter to the town, they are not to send it to their cronies to spread it around and say O'Boyle is a bad guy. So several people called me and told me they had a copy of It. So all I wanted to do is find out who has got a copy and where they got it from, and then I'll deal with it. Q. Okay. Well, that letter was sent to the town, right? A. Yes. Q. And it's a public record. A. Yes. Q. And anyone can ask for a copy of it. A. I don't know about that, but, yeah, I think no. Q. Why couldn't anyone do like you do and go ask for a copy of this letter? A. I'm not answering that. I already answered. Q. Didn't you expect when this letter was sent, that it would become a public record? A. What I didn't expect is that nobody world ask for that public record and it be all over town. That's what I didn't expect. Q. How do you kmw no one asked for a copy? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 271 Page 269 1 don't take St, sareme else will." 1 A. Because they put their public records on line 1 2 and it isn't there. Mr. 'Thrasher wrote it in writing. 2 3 Be said -- there hasn't been a written request. It'e 3 4 all verbal. 4 5 Q. Are you saying that in order to request this 5 6 document under public records law someone would have to 6 7 do it in writing? 7 8 A. No. 8 9 Q. So why couldn't someone ask for this letter? 9 10 A. They could. 10 11 Q. And why couldn't it have been given to them? 11 12 A. They could. And after I take their 12 13 deposition, I'll know. 13 14 Q. Whose deposition? 14 15 A. Figure it mt. 15 16 Q. You sued the tam alleging that this letter 16 17 was disseminated improperly, right? 17 18 A. I don't think I said improperly, but maybe. i8 19 Q. YOU subpoenaed me because you want to know +9 20 what I know about how this letter was disseminated, 20 21 right? 21 22 A. Because it showed Mr. Thresher said it was 22 23 mly disseminated to three people, he said to Miss -- I 23 24 can't think of your name again. 24 25 MS. O'CONMWi: O'Connor. 25 Page 271 1 don't take St, sareme else will." 1 2 Did you write that e-mail? 2 3 A. I did. 3 4 Q. Why would it cwoern you that someone -- that 4 5 people in Gulf Stream would know of your stated 5 6 intention to open sober houses? 6 7 A. Because I think the hierarchy, the mayor, 7 8 Mr. Thrasher, I think they lie and I think they did it 8 9 in an effort to try to dirty me up. And all I want to 9 10 do is what I'm entitled to do, Mr. Sweetapple. 10 11 Q. Mr. O'Boyle, how would associating ym with 11 12 your letter to open sober houses dirty you up? 12 13 A. You can ask them. 13 14 Q. I would like to kmw from you. Ym said you 14 15 didn't want this letter being disseminated because it 15 16 would dirty you up. Tell m. how would it dirty you up? 16 17 A. It has been disseminated. People -- if you 17 18 read Mr. Kraft 1a letter, I think you 111 learn a little 18 19 bit. It says there, "I can't believe you're going to 19 20 put a sober house. Your going to ruin the whole two.° 20 21 So I think that gives you a little hint. 21 22 Q. So in other words, ymr neighbors got mad at 22 23 you because ym were going to open a sober louse. 23 24 MR. DF50 ; Objection to form. 24 25 THE hTnESS: het W tell you sarething. I 25 Page 270 THE WLTNFSS: O'Connor, Mr. Randolph and you. BY MR. SWE- FIAPPLE: Q. So we got copies of this -- written copies of it? A. Yeah. Q. And you want my deposition because you dm -t understand that any individual could walk in and get a copy of this letter and, in fact, did? A. That's not what T said. MR. DP.SCM: Objectim to form. BY MR. SWETIMPLE: Q. We'll deal with that in your lawsuit. A. We sure will. Q. And you e- mailed Gordon craft ce June 15. "Gordan, I feel no obligation to respond. I'm writing to you now voluntarily. I have m intention of putting a sober house in Gulf Stream for reasons inter alia. °I wouldn't have a clue on how to ran me. I was, however, approached by an mt of state carpany that seems set an putting sober houses in Gulf Stream and the surrounding areas, but only on the water in Gulf Stream. For reasons unkmwn to me, they asked me to lead their charge. They offered to pay me a very handsome sum. I'm struggling with their offer whether to accept it or not. As I said, it's a ton of money, and I know if I Page 272 don't know whether my neighbors got mad at me or not, but you know what? If my neighbors want to discriminate against handicapped people and if the mayor wants to and the town manager, to hell with each other. BY MR. SWEHfAPPLE: Q. Because you're going to open a sober house, right? A. We'll see. Q. And You want to call it Sweet Apple's Sober House? A. I like that name. I do like that name. Q. Good. We'll see haw we deal with that, Mr. O'Boyle. A. Yeah. MR. DESOOLA: Is that a question? MR. SWEEPAPPIE; No, that's not a question. MR. DESOM: Great. Do you have a question? BY MR, SWBETAPPIE: Q. Which company, art of state conpany has contacted you that has offered you money to open up a sober house? Is that true or is that just sarething you made up to further your intimidatim? A. No, it's true. Q. What's the tame of the mmpany, Mr. O'Boyle? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page275 Page 274 Q. You said they made an offer, very handsome son. How much did they offer you? A. I think it was a quarter million dollars, the project. I think. Q. To get an approval or for the land, or what? A. For -- to get it developed to where -- whatever had to be done. Coo through the approval process, and do whatever has to be done. I don't know. As an exarple, maybe a bathroom has to have handicapped facilities. It may have to -- I don't know. Q. It was a very attractive offer, right? A. I thought so. Q. You were struggling with it, right? A. I was struggling with it. Q. Trying to decide if you could accept it or not, right? A. No. Trying to decide if I wanted to accept it. Q. So if you decided to accept it, who would you contact to let them know you accepted? What's the name of the person and the telephone nunber7 Where do you have that? A. I don't know. I may have chucked it. Q. So if I asked you in a request to produce for the name of this supposed person that offered you a Page 276 1 Page 273 1 1 A. I think it was called Tin -- I think was 1 2 called Tin Joan Corporation, and they were out of -- I 2 3 think either Red Bank or New Silver (sic) New Jersey. 3 4 Q. And how did they contact you? 4 5 A. I guess one of my friends. I do have some 5 6 friends. 6 7 Q. Real friends? 7 9 A. Yeah. Yeah, 8 9 MR. DESOM: You don't have to answer that. 9 10 That is ridiculous. 10 11 THE WITNESS: Yeah. Probably mentioned that 11 12 I'm in Florida, I'm a real estate developer, and I 12 13 have saa knowledge of high -end real estate. 13 14 BY IV. SWEETAPPLE: 14 15 Q. And who is it that contacted you? 15 16 A. I think it was called tin -- Tin lure. 16 17 Q. AM did they write you or call you? 17 18 A. They called me. 18 19 Q. Did they ever write you? 19 20 A. They may have. 20 21 Q. Do you have any a -mails from these people? 21 22 Any writings from these people? 22 23 A. I don't know. 23 24 Q. Win did you speak to there? 24 25 A. You know -- 25 Page275 Page 274 Q. You said they made an offer, very handsome son. How much did they offer you? A. I think it was a quarter million dollars, the project. I think. Q. To get an approval or for the land, or what? A. For -- to get it developed to where -- whatever had to be done. Coo through the approval process, and do whatever has to be done. I don't know. As an exarple, maybe a bathroom has to have handicapped facilities. It may have to -- I don't know. Q. It was a very attractive offer, right? A. I thought so. Q. You were struggling with it, right? A. I was struggling with it. Q. Trying to decide if you could accept it or not, right? A. No. Trying to decide if I wanted to accept it. Q. So if you decided to accept it, who would you contact to let them know you accepted? What's the name of the person and the telephone nunber7 Where do you have that? A. I don't know. I may have chucked it. Q. So if I asked you in a request to produce for the name of this supposed person that offered you a Page 276 1 quarter of a million dollars and their contact 1 the relief by just asking to have the law firm 2 information, you think you chucked it? 2 disqualified. We want to seek note serious and 3 A. We'll find out. You send a notice to produce 3 permanent relief. 4 and we'll find mt. 4 MR. DESUJM: I understand. 5 Q. Do you recall what you did with it? Did you 5 MR. SWE.4TAPPLE: Just a motion -- if you saw, 6 ever write that information dam? 6 the motion was withdrawn without prejudice to all 7 A. I just told you a second ago that I didn't 7 the rights that are enumerated in that withdrawal, 8 knew. 8 which obviously were obligated to pursue and we 9 Q. I haven't asked you if you wrote it down, 1 9 will discharge all the law obligations. 18 asked you if they wrote you. Now I'm asking you if 10 M. DESOOZA: And thank you for that. I was ll wrote this information down. 11 just asking whether this is the withdrawn notion. 12 A. That's what you asked me. You asked me that. 12 M. SWEELAPPIE: of course you knew that. You 13 And what I told you is the best I can tell you. 13 saw that we withdrew it and said that's what we 14 Q. let's talk about the motion to disqualify the 14 were going to do. So again, you're editorializing 15 O'Boyle Law Firm and in the alternative for an 15 and being facetious. But that's okay. Let's go 16 evidentiary hearing, which -- 16 through the notion that you said was shit, 17 MR. DESOUZA: The withdrawn motion? 17 It. O'Boyle. 18 M. SWEETAPPLE: Weil, it's going to be. We 18 MR, DESOM; Apparently, I'm editorializing 19 bean, first of all, dealt with appropriately as 19 when Mr. Sweetapple has talked for hours in this 20 required by law. Second of all, it is going to be 20 deposition just making statements without 21 an amended affirmative defense and counterclaim in 21 questions. 22 these cases, as well as be a part of other lawsuits 22 W. SWEETAPPLE: They're called leading 23 that are being filed. 23 questions, Counsel. That is what I do with adverse 24 But it has -- as the notion said, mt been 24 parties all the time, So I haven't heard a form 25 abandoned. We decided we did mt want to pursue 25 objection in five hays, and rew you're giving Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 278 Clear to you that is what you do. 17M WITNESS: You need to listen to him. BY MR. SWEEIAPPIE: Q. let's go back to the allegatdons regarding Your son, Mr. O'Boyle. Was your son's firm originally called the O'Boyle law Firm and created in November 2013? A. I don't know. Q. Did it list with the Pennsylvania Department of State its registered office address at 1001 Broad Street, Johnstown, Pennsylvania, but no mailing address. A. I don't know. Q. Did you ever look at that? When you saw this notion, did you ever investigate that? A. Do you have any documents to show me? Then I Won't have to investigate it. We can resolve it right twW. Q. I'm asking whether or not when you read Paragraph 1 in the motion if you did anything to investigate if the facts alleged in that paragraph were true? A. No, I didn't do anything. Q. Did you speak to your son to ask him if the facts were true? A. No. Page 280 MR. SMITH: I don't have the motion. BY MR. SWEEFAPPLE: 0. I just read then to you. "According to the Florida Department of State, Division Of Corporations, the O'Boyle Law Firm PC, Inc., is a foreign profit corporation, with a principal address in Deerfield Beach, Florida. The corporation lists a mailing address at 2146 Fast Huntington Street in Philadelphia, Pennsylvania.- Did you go and look at the Department of State, Division of Corporation filing for the Florida O'Boyle law Firm PC, Inc., filing to see if that statement was true? A. I did not. 0. Do you know if it's true or false, that statement? A. I don't know. Q. Three. With regard to 2146 East Huntington Street, Philadelphia, Pennsylvania, do you recognize that address? A. I don't. Q. Is that an address where one of your children resides? A. Maybe. 0. Is it where your daughter resides? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 277 I speeches again about the depo. You haven't made 1 2 one form objection in five hours. 2 3 MR. DES=: I tell you what. We go back 3 4 though the record and if you find a form objection 4 5 in the last five hours, do I get a prize? 5 6 Because I believe I have made several form 6 7 objections. 7 a MR. SWEEWP1E: When I'm leading the witness 8 9 you have never taken any objections to my making 9 10 statements and saying isn't that true. That's what 10 11 you do when you have an opposing party. 'That's how 11 12 you cross - examine, and that is haw you're permitted 12 13 to depose an adverse party. 13 14 MR. DrSOM: That's your 34 years of 14 15 experience talking, right? 15 16 MR. SHEE61PPI8: Yeah, you can lead. 16 17 MR. DESO=i Bob, I don't care what your 17 18 instructions are. Just ask your questions. 18 19 MR. SWEEPAPPLE: Well, my question are 19 20 statements followed with ^isn't that tore" quite 20 21 often. 21 22 THE WITNESS: Listen to him. You'll learn. 22 23 MR. DESOOIA: I knout -- 13 24 MR. SWEE9'APPLE: That's what I'm permitted to 24 25 do obviously. It should be clear. It should be 25 Page 278 Clear to you that is what you do. 17M WITNESS: You need to listen to him. BY MR. SWEEIAPPIE: Q. let's go back to the allegatdons regarding Your son, Mr. O'Boyle. Was your son's firm originally called the O'Boyle law Firm and created in November 2013? A. I don't know. Q. Did it list with the Pennsylvania Department of State its registered office address at 1001 Broad Street, Johnstown, Pennsylvania, but no mailing address. A. I don't know. Q. Did you ever look at that? When you saw this notion, did you ever investigate that? A. Do you have any documents to show me? Then I Won't have to investigate it. We can resolve it right twW. Q. I'm asking whether or not when you read Paragraph 1 in the motion if you did anything to investigate if the facts alleged in that paragraph were true? A. No, I didn't do anything. Q. Did you speak to your son to ask him if the facts were true? A. No. Page 280 MR. SMITH: I don't have the motion. BY MR. SWEEFAPPLE: 0. I just read then to you. "According to the Florida Department of State, Division Of Corporations, the O'Boyle Law Firm PC, Inc., is a foreign profit corporation, with a principal address in Deerfield Beach, Florida. The corporation lists a mailing address at 2146 Fast Huntington Street in Philadelphia, Pennsylvania.- Did you go and look at the Department of State, Division of Corporation filing for the Florida O'Boyle law Firm PC, Inc., filing to see if that statement was true? A. I did not. 0. Do you know if it's true or false, that statement? A. I don't know. Q. Three. With regard to 2146 East Huntington Street, Philadelphia, Pennsylvania, do you recognize that address? A. I don't. Q. Is that an address where one of your children resides? A. Maybe. 0. Is it where your daughter resides? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page279 1 Q. Paragraph 2 says, "According to the Florida 1 2 Department of State, Division of Corporations, the 2 3 O'Boyle law Firm PC, Inc., is a foreign profit 3 4 cooperation with a principal address in Deerfield Beach, 4 5 Florida. The corporation Lists a mailing address at 5 6 2146 East Huntington Street in Philadelphia, 6 7 Pennsylvania." 7 8 Did you do anything to investigate whether 8 9 that paragraph was true? g 10 A. No. But I do want to point out, that Eevin lO 11 Tyne (phonetic) who is an ethica lawyer, wrote to you in 11 12 connection with the inquiries that you made and said if 12 13 you have any questions to please contact him. Something 13 14 that you refuse to do. Go ahead. 14 15 0. I'll be happy to show you my letter to him, 15 16 and his response which did not answer my questions that 16 17 I did pose to your son. In fact, it specifically 17 18 ignored numerous questions that I asked your son, and 18 19 did not dispute other assertions I made in my letter. 19 20 So we'11 he happy to go over all that with you, 20 21 Mr. O'Boyle. 21 22 Let's go to No. 3. Do you want to answer with 22 23 regard to No. 2? Did you do anything to determine 23 24 whether or not the allegations in Paragraph 2 are true 24 25 of false when you got this motion? 25 Page 278 Clear to you that is what you do. 17M WITNESS: You need to listen to him. BY MR. SWEEIAPPIE: Q. let's go back to the allegatdons regarding Your son, Mr. O'Boyle. Was your son's firm originally called the O'Boyle law Firm and created in November 2013? A. I don't know. Q. Did it list with the Pennsylvania Department of State its registered office address at 1001 Broad Street, Johnstown, Pennsylvania, but no mailing address. A. I don't know. Q. Did you ever look at that? When you saw this notion, did you ever investigate that? A. Do you have any documents to show me? Then I Won't have to investigate it. We can resolve it right twW. Q. I'm asking whether or not when you read Paragraph 1 in the motion if you did anything to investigate if the facts alleged in that paragraph were true? A. No, I didn't do anything. Q. Did you speak to your son to ask him if the facts were true? A. No. Page 280 MR. SMITH: I don't have the motion. BY MR. SWEEFAPPLE: 0. I just read then to you. "According to the Florida Department of State, Division Of Corporations, the O'Boyle Law Firm PC, Inc., is a foreign profit corporation, with a principal address in Deerfield Beach, Florida. The corporation lists a mailing address at 2146 Fast Huntington Street in Philadelphia, Pennsylvania.- Did you go and look at the Department of State, Division of Corporation filing for the Florida O'Boyle law Firm PC, Inc., filing to see if that statement was true? A. I did not. 0. Do you know if it's true or false, that statement? A. I don't know. Q. Three. With regard to 2146 East Huntington Street, Philadelphia, Pennsylvania, do you recognize that address? A. I don't. Q. Is that an address where one of your children resides? A. Maybe. 0. Is it where your daughter resides? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Pagc 282 of corporations. No other officers are identified. Did you check the filing to see if there are any other officers identified? A. I did not. Q. Prior to going to the meting June 4th, were you aware that your son indicated that the address of his law firm w G 2146 Oast Huntington Street, Philadelphia, Pennsylvania? MR. DBSOWA: Objection to form. THE WITNESS: No. I was not. BY MR. SWEEMPLE: Q. You were not aware he was using that address? A. No. Q. Did you believe that your sm had a law firm somewhere prior to or -- strike that -- in November or December of 20137 A. Can you say that again? Q. Did you understand that your son had a law firm somewhere in Novenber or December of 2013? A. I don't know. Q. Did he ever tell you he had an office somewhere? A. 1 don't recall. Q. Did you ever go to any opening of an office, a party or anything for his office in Pagm 284 Pennsylvania? A. Not that I recall. Q. Did he ever handle cases for you in Pennsylvania or New Jersey in 20137 A. I don't know. Q. In Paragraph 5, I recited that, "However, as of April 4, 2014, Pennsylvania has listed him as an out -of- state - lawyer with an address at the hang of his father, Martin O'Boyle, at 23 North Hidden Harbor Drive in Gulf Stream, Florida, and a telephone mrbcr with a 561 area code. Thus, as of April 4, 2014 the Pennsylvania Supr Court did not reflect that any lawyer with the O'Boyle Law Firm actively practiced in the state.- Did you do anything to determine whether or not those allegations were correct? A. I was unaware, and I don't have any knowledge. Q. Were you aware that your son indicated on his file with the Pea><sylvania Bar that he was an cut -of -state lawyer and not practicing in the state of Pennsylvania? MR. SMITH: Object to form. Atymrentative. THE WMMSS: Pardon? MR. DFSWZA: Same. MR. SMM: Go ahead. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page2gl 1 A. It may be. 1 2 Q. You don't know for sure? 2 3 A. Don't know. 3 4 Q. Isn't it a townhouse in Philadelphia where 4 5 your daughter resides? 5 6 A. Daft know. 6 7 Q. Did Jonathan ever reside there? 7 8 A. Don't kxow. 8 9 Q. Did Jonathan ever conduct law out of that 9 10 location? to 11 A. Don't know. 11 12 Q. Have you ever asked your son or your daughter 12 13 whether or not Jonathan, in fact, used 2146 Fast 13 14 Huntington as the address for the D'Bcyle law Firm? 14 15 A. Can you say that again? 15 16 Q. Did you ever ask your daughter or your son, 16 17 Jonathan, whether or not Jonathan ever practiced law out 17 18 of the address 2146 East Huntington Street, 18 19 Philadelphia, Pennsylvania? 19 20 A. Not that I can recall. 20 21 Q. And your son -- Paragraph 4 -- says that the 21 22 O'Boyle Law Firm PC, Inc., identified Jonathan R. 22 23 O'Boyle with an address of 2146 East Huntington Street, 23 24 Philadelphia, Pennsylvania as its president in its 24 25 filings with the Florida Department of State, Division 25 Pagc 282 of corporations. No other officers are identified. Did you check the filing to see if there are any other officers identified? A. I did not. Q. Prior to going to the meting June 4th, were you aware that your son indicated that the address of his law firm w G 2146 Oast Huntington Street, Philadelphia, Pennsylvania? MR. DBSOWA: Objection to form. THE WITNESS: No. I was not. BY MR. SWEEMPLE: Q. You were not aware he was using that address? A. No. Q. Did you believe that your sm had a law firm somewhere prior to or -- strike that -- in November or December of 20137 A. Can you say that again? Q. Did you understand that your son had a law firm somewhere in Novenber or December of 2013? A. I don't know. Q. Did he ever tell you he had an office somewhere? A. 1 don't recall. Q. Did you ever go to any opening of an office, a party or anything for his office in Pagm 284 Pennsylvania? A. Not that I recall. Q. Did he ever handle cases for you in Pennsylvania or New Jersey in 20137 A. I don't know. Q. In Paragraph 5, I recited that, "However, as of April 4, 2014, Pennsylvania has listed him as an out -of- state - lawyer with an address at the hang of his father, Martin O'Boyle, at 23 North Hidden Harbor Drive in Gulf Stream, Florida, and a telephone mrbcr with a 561 area code. Thus, as of April 4, 2014 the Pennsylvania Supr Court did not reflect that any lawyer with the O'Boyle Law Firm actively practiced in the state.- Did you do anything to determine whether or not those allegations were correct? A. I was unaware, and I don't have any knowledge. Q. Were you aware that your son indicated on his file with the Pea><sylvania Bar that he was an cut -of -state lawyer and not practicing in the state of Pennsylvania? MR. SMITH: Object to form. Atymrentative. THE WMMSS: Pardon? MR. DFSWZA: Same. MR. SMM: Go ahead. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Pasc283 1 Novenber/Deceffier 2013? 1 2 A. Not that I recall. 2 3 Q. Did you ever get an announcement that he had 3 4 opened an office anywhere in November a December of 4 5 2013? 5 6 A. Not that I recall, 6 7 Q. Did you ever get a business card that shoed 7 8 an address and phone tarber for an office anywhere in B 9 Pennsylvania in 2013 -- 9 10 MR. DESCM: Objection form. 1D 11 BY MR. SWEEWPLE: 11 12 Q. -- for the O'Boyle Law Finn from your son? 12 13 A. Not that I recall. 13 14 Q. Did you ever see any stationary that your son 14 15 had prepared with the address 2146 Fast Huntington 15 16 Street, as an address for the O'Boyle Law Firm, PC, 16 17 A. Not that I recall. 17 18 Q. And did your son ever tell you that he was 18 19 practicing law with any lawyers in Pennsylvania as part 19 20 of the O'Boyle Law Finn? 20 21 A. Not that I can recall. 21 22 Q. Are you aware of any lawyers that practiced 22 23 law with your eon in Pennsylvania in 2013? 23 24 A. Nat that I can recall. 24 25 Q. Did he ever tell you he had a secretary in 25 Pagc 282 of corporations. No other officers are identified. Did you check the filing to see if there are any other officers identified? A. I did not. Q. Prior to going to the meting June 4th, were you aware that your son indicated that the address of his law firm w G 2146 Oast Huntington Street, Philadelphia, Pennsylvania? MR. DBSOWA: Objection to form. THE WITNESS: No. I was not. BY MR. SWEEMPLE: Q. You were not aware he was using that address? A. No. Q. Did you believe that your sm had a law firm somewhere prior to or -- strike that -- in November or December of 20137 A. Can you say that again? Q. Did you understand that your son had a law firm somewhere in Novenber or December of 2013? A. I don't know. Q. Did he ever tell you he had an office somewhere? A. 1 don't recall. Q. Did you ever go to any opening of an office, a party or anything for his office in Pagm 284 Pennsylvania? A. Not that I recall. Q. Did he ever handle cases for you in Pennsylvania or New Jersey in 20137 A. I don't know. Q. In Paragraph 5, I recited that, "However, as of April 4, 2014, Pennsylvania has listed him as an out -of- state - lawyer with an address at the hang of his father, Martin O'Boyle, at 23 North Hidden Harbor Drive in Gulf Stream, Florida, and a telephone mrbcr with a 561 area code. Thus, as of April 4, 2014 the Pennsylvania Supr Court did not reflect that any lawyer with the O'Boyle Law Firm actively practiced in the state.- Did you do anything to determine whether or not those allegations were correct? A. I was unaware, and I don't have any knowledge. Q. Were you aware that your son indicated on his file with the Pea><sylvania Bar that he was an cut -of -state lawyer and not practicing in the state of Pennsylvania? MR. SMITH: Object to form. Atymrentative. THE WMMSS: Pardon? MR. DFSWZA: Same. MR. SMM: Go ahead. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Pag. 286 A. I have no knowledge. Q. And were you aware that he provided the Pennsylvania Bar with a Florida mobile telephone nurher as his telephone contact? A. No. But I think that's all right. Q. Are you aware that the Florida Supreme Court records as of April 4, 2014 did mt reflect any lawyer with the O'Boyle Law Firm actively practicing in the state of Pennsylvania? MR. DESOM: Florida records? MR. SWTWPLE: Pennsylvania supreme court records. Were you aware of that? MR. SMITH: Object to form. Argumentative. THE WrINESS: Mat's the -- what was it? BY MR. SWEEIAPPLE: Q. Did you ever do arythirg to determine whether or not the allegation in Paragraph 5, that as of April 4, 2014, the Pennsylvania Supreme. Court did not reflect that any lawyer with the O'Boyle law Firm actively practiced in the state? Did you ever check to see as of April 4, 2014, whether or mt your son or any lawyer from the O'Boyle Law Firm was registered with the supreme Court as activity practicing in Pennsylvania? A. I did mt -- did mt check his -- m. Page 288 that are my son -- I don't need written agreements. I trust him. Q. So there is no written lease with the O'Boyle law Plan with regard to any spare at that location? A. Nor with my wife. I don't make her sign a lease either. Q. So who was your lease with? With Sosatban O'Boyle? A. We never discussed that. Q. Well, it couldn't be with the corporation if it's all for the rental of real estate. A. Okay. Q. How long is this lease for? How long are you allowing him to stay there? A. I told yon, the details we never worked that mt. He is my set. It's my building. He is there, and that's when we are, and let's move on. Q. Does he have any residence in the vicinity of Cambria Canty, Pennsylvania? Does he have an apartment or a horse that he resides in there? A. I don't know. Q. roes he work out of that locatim in Johnstown, PA? A. I don't know. Q. You don't kaxw Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 285 1 THE WITNESS: I was unaware. I did not look 1 2 at the bar or whatever he was. 2 3 BY MR. SWEFAPPLB; 3 4 Q. When you received this motion, did you look at 4 5 any of the exhibits that were attached to it? 5 6 A. Probably not. 6 7 Q. So you just got enraged and didn't look at the 7 B backup? a 9 MR. DESWZA: Objection. 9 10 BY MR. SWEEAPPDE: 10 11 Q. Did you get and when you saw this motion for 11 12 the first titre? 12 13 A. Na. I realized who prepared it. How can I 13 14 get mad? 14 15 Q. So YOU just -- you weren't at all concerned 15 16 about it? 16 17 A. That's not what I said. 17 18 Q. So you just dismissed it because of who wrote 1B 19 it. 19 20 A. That's not what I said either. 20 21 Q. Well, let me say this. Did you know that your 21 22 son, while he was telling -- strike that. 22 23 Were you aware that your son advised the 23 24 Pennsylvania Bar his address was your home address, 23 24 25 North Hidden Harbor Drive? 25 Pag. 286 A. I have no knowledge. Q. And were you aware that he provided the Pennsylvania Bar with a Florida mobile telephone nurher as his telephone contact? A. No. But I think that's all right. Q. Are you aware that the Florida Supreme Court records as of April 4, 2014 did mt reflect any lawyer with the O'Boyle Law Firm actively practicing in the state of Pennsylvania? MR. DESOM: Florida records? MR. SWTWPLE: Pennsylvania supreme court records. Were you aware of that? MR. SMITH: Object to form. Argumentative. THE WrINESS: Mat's the -- what was it? BY MR. SWEEIAPPLE: Q. Did you ever do arythirg to determine whether or not the allegation in Paragraph 5, that as of April 4, 2014, the Pennsylvania Supreme. Court did not reflect that any lawyer with the O'Boyle law Firm actively practiced in the state? Did you ever check to see as of April 4, 2014, whether or mt your son or any lawyer from the O'Boyle Law Firm was registered with the supreme Court as activity practicing in Pennsylvania? A. I did mt -- did mt check his -- m. Page 288 that are my son -- I don't need written agreements. I trust him. Q. So there is no written lease with the O'Boyle law Plan with regard to any spare at that location? A. Nor with my wife. I don't make her sign a lease either. Q. So who was your lease with? With Sosatban O'Boyle? A. We never discussed that. Q. Well, it couldn't be with the corporation if it's all for the rental of real estate. A. Okay. Q. How long is this lease for? How long are you allowing him to stay there? A. I told yon, the details we never worked that mt. He is my set. It's my building. He is there, and that's when we are, and let's move on. Q. Does he have any residence in the vicinity of Cambria Canty, Pennsylvania? Does he have an apartment or a horse that he resides in there? A. I don't know. Q. roes he work out of that locatim in Johnstown, PA? A. I don't know. Q. You don't kaxw Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Peg. 287 1 Q. Are you aware that after April 4, your son 1 2 reflected with the Pennsylvania Supreme Caurt he 2 3 practiced in Cambria qty, Pennsylvania with an 3 4 address of 1001 Broad Street, Johnstown, PA? 4 5 A. What is your question? 5 6 Q. Are you aware that as of May 29, 2014, wall 6 7 after the articles for the Florida O'Boyle firm were 7 B filed, that your am listed with the Pennsylvania B 9 Supreme Court -- indicated he practices in Cambria 9 10 Canty, Pennsylvania. Were you aware of that? 10 ll A. I was mt. 11 12 Q. Are you aware of any address of 1001 Broad 12 13 Street, Johnstown, PA? 13 14 A. I am. 14 15 Q. Do you have property there? 15 16 A. I do. 16 17 Q. Do you have an office there? 17 1s A. I do. le 19 Q. Does your set have a -- does the O'Boyle law 19 20 Firm have an office there? 20 21 A. I don't knew what the mme is there, but my 21 22 son has an office there. 22 23 Q. Is there any lease with the O'Boyle Law Firm 23 24 at that address? 24 25 A. Yes. My son and I have agreements between us, 25 Pag. 286 A. I have no knowledge. Q. And were you aware that he provided the Pennsylvania Bar with a Florida mobile telephone nurher as his telephone contact? A. No. But I think that's all right. Q. Are you aware that the Florida Supreme Court records as of April 4, 2014 did mt reflect any lawyer with the O'Boyle Law Firm actively practicing in the state of Pennsylvania? MR. DESOM: Florida records? MR. SWTWPLE: Pennsylvania supreme court records. Were you aware of that? MR. SMITH: Object to form. Argumentative. THE WrINESS: Mat's the -- what was it? BY MR. SWEEIAPPLE: Q. Did you ever do arythirg to determine whether or not the allegation in Paragraph 5, that as of April 4, 2014, the Pennsylvania Supreme. Court did not reflect that any lawyer with the O'Boyle law Firm actively practiced in the state? Did you ever check to see as of April 4, 2014, whether or mt your son or any lawyer from the O'Boyle Law Firm was registered with the supreme Court as activity practicing in Pennsylvania? A. I did mt -- did mt check his -- m. Page 288 that are my son -- I don't need written agreements. I trust him. Q. So there is no written lease with the O'Boyle law Plan with regard to any spare at that location? A. Nor with my wife. I don't make her sign a lease either. Q. So who was your lease with? With Sosatban O'Boyle? A. We never discussed that. Q. Well, it couldn't be with the corporation if it's all for the rental of real estate. A. Okay. Q. How long is this lease for? How long are you allowing him to stay there? A. I told yon, the details we never worked that mt. He is my set. It's my building. He is there, and that's when we are, and let's move on. Q. Does he have any residence in the vicinity of Cambria Canty, Pennsylvania? Does he have an apartment or a horse that he resides in there? A. I don't know. Q. roes he work out of that locatim in Johnstown, PA? A. I don't know. Q. You don't kaxw Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 290 is just probably 30 -miles north west of Virginia. But I don't ask Jonathan where he sleeps, what he does. He does it on his own. And I don't think it's any of your damn business where he sleeps. Q. Well, it is my business whether or not he's defrauding the courts of this state as member of a bar where he's attempting to become a member of the bar. It's very much my duty, sir. so have you given your sm permission to live in any abode in the vicinity of Cambria County? A. I'm not going to answer any questions about where my son lives. Q. Are you aware of whether a not your son has resided at any point, has ever slept anywhere in the vicinity of Cambria County during the year 2014 to date? A. I'm not going to answer anymore questions about where my son sleeps. Q. And in Paragraph 7 we allege that as discussed below, just two months after the O'Boyle law Firm was created as a Pennsylvania Professional Corporation in November 2013, Jonathan R. O'Boyle moved to appear pro hac vice in Florida state and federal cases. Can January 23, 2014, Jonathan R. O'Boyle filed a sworn verified motion for adnission to appear pro hac vice in the rase of Christopher F. O'Hara V Town of Gulf Stream Page 292 either, (1) an cut of state lawyer who can be reached at his father's home in Florida; or (2), a lawyer practicing at his 1001 Broad Street, Johnstown, PA; and contradicts the O'Boyle Law Firm PC filing with the Pennsylvania Department of State reflecting a business address in Johnstown, not Philadelphia. MR. SMITH: Object to form. BY MR. SWE6rAPPIE: Q. Did you read Paragraph 9 to see whether or not it was correct or incorrect? A. I don't know whether I did or I didn't. But 1 can't Bay it's correct. Q. And you can't say it's incorrect? A. Pardon? Q. And you can't say it's incorrect either, can you? A. L could say that I'm not familiar with it. I don't know. Q. And you didn't look at Exhibits B, C or D when you read the notion, right? A. I did not look at your exhibits. MR. DFSOUM: Bob, is there anyway to speed this up instead of going paragraph by paragraph? You want to put it in front him and say with respect to paragraphs 3 through 35 of my motion, Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 289 I A. I don't know. 1 2 Q. You have never spoken to him about that? 2 3 A. I don't go over with him where he operates, 3 4 who he dates, what kind of car he drives. I don't do 4 5 that. You say do that with your daughter, but I don't 5 6 do it with my son. 6 7 Q. Okay. Well -- and so you don't know if he has 7 8 any residence within five hours even of Johnstown, PA 0 9 when he lives so he can practice law there, right? 9 10 A. He has no residence, to my knowledge, in the 10 11 world. So if that's helps you. 11 12 Q. Weil, do you have any residential properties 12 13 in Pennsylvania that you have allowed him to live in? 13 14 A. No, but not very far away in West Virginia. 14 15 Q. How far in West Virginia? 15 16 A. How far? 16 17 Q. From the address in Cambria County. 17 18 A. I don't know, I don't know. Plus we had 16 19 property in Pittsburgh, so. 19 20 Q. Residential property? 20 21 A. Pardon? 21 22 Q. A house or residential property? 22 23 A. It can be used as a house, yes. 20 -miles away 23 24 from our house in West Virginia. I don't know how far 24 25 it is, but it's on the same identical road. Johnstown 25 Page 290 is just probably 30 -miles north west of Virginia. But I don't ask Jonathan where he sleeps, what he does. He does it on his own. And I don't think it's any of your damn business where he sleeps. Q. Well, it is my business whether or not he's defrauding the courts of this state as member of a bar where he's attempting to become a member of the bar. It's very much my duty, sir. so have you given your sm permission to live in any abode in the vicinity of Cambria County? A. I'm not going to answer any questions about where my son lives. Q. Are you aware of whether a not your son has resided at any point, has ever slept anywhere in the vicinity of Cambria County during the year 2014 to date? A. I'm not going to answer anymore questions about where my son sleeps. Q. And in Paragraph 7 we allege that as discussed below, just two months after the O'Boyle law Firm was created as a Pennsylvania Professional Corporation in November 2013, Jonathan R. O'Boyle moved to appear pro hac vice in Florida state and federal cases. Can January 23, 2014, Jonathan R. O'Boyle filed a sworn verified motion for adnission to appear pro hac vice in the rase of Christopher F. O'Hara V Town of Gulf Stream Page 292 either, (1) an cut of state lawyer who can be reached at his father's home in Florida; or (2), a lawyer practicing at his 1001 Broad Street, Johnstown, PA; and contradicts the O'Boyle Law Firm PC filing with the Pennsylvania Department of State reflecting a business address in Johnstown, not Philadelphia. MR. SMITH: Object to form. BY MR. SWE6rAPPIE: Q. Did you read Paragraph 9 to see whether or not it was correct or incorrect? A. I don't know whether I did or I didn't. But 1 can't Bay it's correct. Q. And you can't say it's incorrect? A. Pardon? Q. And you can't say it's incorrect either, can you? A. L could say that I'm not familiar with it. I don't know. Q. And you didn't look at Exhibits B, C or D when you read the notion, right? A. I did not look at your exhibits. MR. DFSOUM: Bob, is there anyway to speed this up instead of going paragraph by paragraph? You want to put it in front him and say with respect to paragraphs 3 through 35 of my motion, Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 291 1 and William H. Thrasher, Jr., and I list the case 1 2 pending before Meecu Sanger. 2 3 Did you do anything to determine if that 3 4 paragraph was correct? 4 5 A. I didn't know the paragraph existed. 5 6 Q. Well, didn't you read the motion that you said 6 7 was shit? 7 8 A. Yeah. But that paragraph was really shitty, 0 9 so I didn't wane to read it. 9 10 Q. Paragraph 0 says that your son filed a sworn 10 11 verified motion in the case before Judge Sasser. 11 12 Did you look to see whether that was true or 12 13 not? 13 14 A. No. 14 15 Q. Do you believe there is anything untrue about SS 16 Paragraph a? 16 17 A. No way I would know. 17 18 Q. You didn't look at Exhibit E? 30 19 A. I did not look at Exhibit E. 19 20 Q. Nine. "In said motion, Mr. O'Boyle swore in 20 21 Paragraph 2 that he is a member of the O'Boyle law Firm 21 22 with offices at 2146 East Huntington Street, 22 23 Philadelphia, Pennsylvania." 23 24 Then it says, "This representation contradicts 24 25 both his Pennsylvania Supreme Court listing that he is 25 Page 290 is just probably 30 -miles north west of Virginia. But I don't ask Jonathan where he sleeps, what he does. He does it on his own. And I don't think it's any of your damn business where he sleeps. Q. Well, it is my business whether or not he's defrauding the courts of this state as member of a bar where he's attempting to become a member of the bar. It's very much my duty, sir. so have you given your sm permission to live in any abode in the vicinity of Cambria County? A. I'm not going to answer any questions about where my son lives. Q. Are you aware of whether a not your son has resided at any point, has ever slept anywhere in the vicinity of Cambria County during the year 2014 to date? A. I'm not going to answer anymore questions about where my son sleeps. Q. And in Paragraph 7 we allege that as discussed below, just two months after the O'Boyle law Firm was created as a Pennsylvania Professional Corporation in November 2013, Jonathan R. O'Boyle moved to appear pro hac vice in Florida state and federal cases. Can January 23, 2014, Jonathan R. O'Boyle filed a sworn verified motion for adnission to appear pro hac vice in the rase of Christopher F. O'Hara V Town of Gulf Stream Page 292 either, (1) an cut of state lawyer who can be reached at his father's home in Florida; or (2), a lawyer practicing at his 1001 Broad Street, Johnstown, PA; and contradicts the O'Boyle Law Firm PC filing with the Pennsylvania Department of State reflecting a business address in Johnstown, not Philadelphia. MR. SMITH: Object to form. BY MR. SWE6rAPPIE: Q. Did you read Paragraph 9 to see whether or not it was correct or incorrect? A. I don't know whether I did or I didn't. But 1 can't Bay it's correct. Q. And you can't say it's incorrect? A. Pardon? Q. And you can't say it's incorrect either, can you? A. L could say that I'm not familiar with it. I don't know. Q. And you didn't look at Exhibits B, C or D when you read the notion, right? A. I did not look at your exhibits. MR. DFSOUM: Bob, is there anyway to speed this up instead of going paragraph by paragraph? You want to put it in front him and say with respect to paragraphs 3 through 35 of my motion, Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 Pap 293 care you confirm my of these things are true? 1 1 Pap 94 September 15th, only to learn that Mr. O'Boyle has 2 MR. SWEETAPPLE: I don't ihln'9 so, 2 been sp=ending his time at city hall or town hall in 3 unfortunately. 3 Gulf Stream rather than his grandchildren. 4 MR. DFSUM: In that case I'm going to start 4 So Yr. O'Boyle, before I suspend the 5 instructing him not to answer pretty soon. 1 can 5 deposition, what is your pleasure -- 6 see where this is going, and this is just not 6 THE WITNESS: If I may respond to that? 7 fruitful. And you can take it up with the judge if 7 MR. SEMITE: Sure. e you want to, but I'd rather not be here until 8 MR. DESW7A: You don't have to respond. 9 8:00 o'clock. 9 M. SMITH: Don't. 10 MR. SWERIAPPLB: What time is it 110W, 5:30? 10 MR. DESOUZA: There's not a question. You 11 MR. PSSOUZA: It is 5:30. 11 dm't need to respand. 12 MR. SWEETTAPPIE: So if you want to -- whenever 12 MR. S'WEETAPPLE: Can you -- 13 everybody wants to suspend, we'll suspend. I'm 13 MR. DESCUZA: Let's go Over his schedule and 14 going to be taking Mr. O'Boyle in at least a dozen 14 figure it out. 15 of his cases, and then there are a number of CAPI 15 BY MR. SWEETAPPIE: 16 cases, and some O'Hare cases that I'm going to be 16 Q. Were you in New Jersey during the last tWo 17 deposing him in. 17 Weeks, Mr. O'Boyle? 18 So there is no urgency in finishing this until 16 A. I lose track of time. I was in New Jersey for 19 10:00 o'clock at night. I'll stay here until 19 a week on a Wednesday, and then I came home on a 20 midnight, or I'll suspend now. But before I 20 Wednesday night because our home flooded. 21 suspend, I do Want to knew Ph. O'Boyle's schedule, 21 Q. And than you went to town hall for -- 22 bemuse as I prat on the record, Mr. Taylor stated 22 A. On Thursday I met with our engineer. We 23 to Judge Blanc that Mr. O'Boyle was with his 23 resolved the problem. And I don't knave if I Went to 24 grandchildren for two weeks. Mr. Smith was there. 24 town hall on Friday, the following week. I don't know. 25 And f, as an acamrodatim, agreed to today's date, 25 Q. You Went with the videographer to film Pagc296 attend to, some of Which you've asked for immediate hearings in. So I'm going to have to carpel the court to have you appear at those cases. A. That's fine. You do what you want. Q. What is it you have to do in West Virginia for a month that is mare important than the cases that you've demanded immediate hearings m? A. I can answer you. My wife is up in New Jersey, and I would like to spend sere time with her because we got cut off a week short. My birthday is October the 12th, and every Year We go to West Virginia for my birthday. And we usually get there a week in advance, because there has to be preparatim; buying food, you're buying -- so an and an forth. And than the following weekend is what they call Bridge Day. It's where they -- if anybody has gone whitewater rafting, the New River Bridge, they close it and they jump off it. They base jump off it. And that's the weekend after the Weekend of the 12th. Arid then after that, we'll clean up the house and ore home. Q. Well, you've filed a lawsuit against me and Mr. Morgan. We need to take your deposition in that case next week or the following week, so I'll be asking the court to aOpel that as well as the cases where Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Pegg 295 1 Mr. Thrasher's face. 1 2 A. That could be. But Nick has not represented 2 3 to -- Nick has represented nothing. I told him I was 3 4 gone for two weeks. My intentions were to go for two 4 5 weeks and, unfortunately, it didn't Work out that way. 5 6 And I wish I would have been gone for two weeks. I 6 7 would have Liked to spend are time up there. 7 B Q. And what is your schedule for the rest of 8 9 September and October? m you have any plans to be out 9 10 of the state? 10 11 A. Yes. 11 12 Q. What period of time do you plan on being mt 12 13 of the state? 13 14 A. I'm going to likely leave tomorrow, and 1'11 14 15 be back around the 23rd ar 24th of October. 15 16 Q. You're going to be gone for apprmdmately a 16 17 myth? 17 le A. Yeah. 18 19 Q. Where are you going to be? 19 20 A. In West Virginia. 20 21 Q. And it's your testimony you have no intention 21 22 of being here for a month? 22 23 A. That's correct. 23 24 Q. What is it you have to do in West Virginia for 24 25 a month? Because you have 12 cases here that we need to 25 Pagc296 attend to, some of Which you've asked for immediate hearings in. So I'm going to have to carpel the court to have you appear at those cases. A. That's fine. You do what you want. Q. What is it you have to do in West Virginia for a month that is mare important than the cases that you've demanded immediate hearings m? A. I can answer you. My wife is up in New Jersey, and I would like to spend sere time with her because we got cut off a week short. My birthday is October the 12th, and every Year We go to West Virginia for my birthday. And we usually get there a week in advance, because there has to be preparatim; buying food, you're buying -- so an and an forth. And than the following weekend is what they call Bridge Day. It's where they -- if anybody has gone whitewater rafting, the New River Bridge, they close it and they jump off it. They base jump off it. And that's the weekend after the Weekend of the 12th. Arid then after that, we'll clean up the house and ore home. Q. Well, you've filed a lawsuit against me and Mr. Morgan. We need to take your deposition in that case next week or the following week, so I'll be asking the court to aOpel that as well as the cases where Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 297 Page299 1 you've asked for expedited hearings. 1 THE W17MSS: Yeah, not only that, we'll 2 You're telling me you're just going for 2 probably have circulars and we'll drop them Out of 3 pleasure, and you have instituted mhsiderable 3 three states. 4 litigation that needs to be dealt with. These 4 MR. SMITH: Marty, don't answer that. 5 apparently are very important matters that you want to 5 MR. SAEETAPPLE: So you'll have time for that, 6 maintain. And I cannot amonmodate anymore of your 6 right? 7 requests for vacations. You asked for two weeks. And 7 MR. SMITH: Marty, don't answer it. 8 I'm sure that you have people that can take can of B THE WITNESS: Don't be silly. Why don't you 9 leaks in your hoe. You didn't have to come home to 9 be nice for a change? 10 address leaks, but we can take that up with the various 10 MR. SWEETAPPLE: In terms of being silly, are 11 judges, Mr. O'Boyle. 11 you the one who -- whenever it is you want to 12 MR. DESOUZA: There's no question. 12 suspend, just give me notice and I'll continue with 13 BY MR. SWEEPAPPLE: 13 the questioning or suspend. Tell me what time you 14 Q. You're telling me you're not going to be 14 want to go to. 15 here -- you're not going to be here until after 15 MR. DESOM: Let's take a five minute break 16 October 23rd. That's your testimony. 16 and let's discuss it. We'll either suspend or go 17 A. I think that's -- let's just think again. 17 for a little longer. 18 What day is the 12th? Is it Friday or Saturday? 18 MR. SWEEfAPPLE: I would like to go iulother 15 19 MS. O'CCRM: Sunday. 19 minutes to finish a couple of things up that I'm 20 THE WITNESS: Sunday? Okay. So that would 20 on. 21 mean six days later is the 18th and then 19th, 21 MR. DES=! We -11 take five and say -- 22 20tH, 21st, 22nd, 23rd. Yeah. 22 THE VIDEOGRAPHER: The time is 5:36 p.m. We're 23 MR. SWEETAPPLE: But you will have time to fly 23 going off the record. 24 banners addressing myself and Mr. Morgan and police 24 (At 5:38 p.m. a brief recess was taken.) 25 chiefs and other people, right? 25 THE VIDEOMUGHEl: The time is 5:46 pm. We're Page 299 Peg. 300 I On the record. 1 THE STASE OF FLORIDA) 2 MR. SWEEfAPPLE: Yen. During the break, all 2 COUNTY OF PALM BEACH) 3 counsel have agreed that we're going to suspend the 3 4 deposition at this time. There's no way we can get 4 I, the undersigned authority, certify that the 5 aforementioned witness personally appeared before me and 5 through it all. And while I'm not agreeing to wait 6 was duly sworn. 6 until October 23rd, I'll take that up with the T 7 court with regard to not only concluding this depo, a Dated this 29t1s day of September, 2024. 8 but taking other dopos in the other cases. 9 9 MR. DESGUZA: Sure. 10 10 MR. SWBBTAPPLE: Thank you very much. 11 11 MR. DE50UZA: Thank you, Bob. 32 12 MR. SWEETAPPLE: I will take a copy, and T,11 13 need the exhibits. 11 Debra Duren - Hornet sin, NPs, CLa 14 THE VID&)L'RAFFER: The time is 5:47. We're 14 Notary Public - state of Florida 15 going off the record. My Co®leeicn Expire.: 8/10/15 16 (Discussion held off the record.) 15 My COmmisaicn No.: EE 112118 17 MR, SWEETAPPLE: I will put an the record Ss 18 whether or not he wants to mad that portion, 17 19 because I am ordering it. 18 20 MR. DE?OM: Let's go back on. I want him to 19 21 mad. We will take a copy as well. 20 u 22 (At 5:47 p.m.: .m. the deposition was 22 23 adjourned.) 23 24 (End of Volume II.) 24 25 25 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Pege301 1 C E R T I F I C A T E 2 THE STATE of FLORIDA) 3 COUNTY OF PALM BEACH) a 5 1. Debra Duran- Bosnecein, Registered P1roFeoaions3 Reporter And Notary Public Sn and Lot the 6 state of Florida at large, do hereby certify that I was authoriaed to and did report said deposition Jr. 7 atxAOtype: and that the foregoing pages are a true and corned tranecrlption of my ah.rth." note. of said e Deposition. 9 1 further Certify that Bald deposition wee taken At the time and place herei.above at forth end 10 that the taking of said deposition was commenced and completed an hereinabove at out. 11 I further certify that I Am n.L attorney or 12 counsel of any of the yard.., nor am I A relative or employee of any attorney or counsel of party connected 13 with the action, nor Am 1 financially interested In the ..tics. 14 15 16 17 18 19 20 31 22 23 24 25 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 36 17 18 19 20 21 22 23 24 25 The foregoing cerLifieatlon of thin transcript does nor Apply to any reproduction of the name by any mean. unless under the direct Control and /or diracLien of the certifying reporter. Dated this 29th day of September, 2014. �1• `\ �'g y Debra Duran - Bornstein, Spa, CU Notary Public - State of Florida My Carmia.ion Expire.: 9110115 My Commission EA.: BE 112218 Page 303 CERTIFICATE THE STATE OF PWRIDA) COUNTY OF PALM BEACH) I hereby Certify that I have read the foregoing deposition by rue given, and that the star or. contained herein are true and Correct to the beat of My knowledge and belief. with the exception of any corrections or notation made or. the errata sheet, it ova was executed. 1 September 30, 2014 Page 303 2 HID% TAYLOR, 85OUtAE THE O'BOYLE LAM PIRM, P.C., INC. 3 1286 Neat Newport Center Drive Deerfield Beach, Florida 33442 4 In Re: Martin O'Boyle Va. Town of Gulf Stream 5 Deposition oh Hactin O-Beyl. 6 The referenced transcript hoe been completed and oval La reading and signing. 7 Please have yo- z client review your copy of the transcript at your convenience or if A Copy was not a ordered, to Call our office at the balcw-lieted number to schedule an appointment between the hour. of 9:00 9 a.m. and 3:30 p.m., Madly through Friday to make An appointment to come to cur Office and read the 10 deposition. If desired, your client may CIAO opt to waive •lgnatuze. If .o, plea.. have your Client alga 11 their name at the bottom and mail to our office to be attached to the original transcript. 12 If the it .... ript is not reviewed and signed Within 30 days, the original, which ban already been 13 sent to the Ordering attorney, may be filed with the Clerk of the Court. 14 Very truly yours, 15 16 Debra Duran L A.AO.iatee 224 Petura Street, Suite 402 17 Nest Palm Beach. Florid. 33401 PH: 561) 313 -8000 16 1 h.raby waive my signature: 19 2C 21 MARTIN B. WHOYLE 22 C.: All Counsel 33 24 25 1 Page 304 E R R A T A S N S E T 2 IN RE: O'BOYLE V TOWN OF GULF STREAM C.R. Do 3 DEPOSITION OF: MARTIN E. O'BOYL 4 TAKEN: 9 -15 -2014 5 DO NOT WRITE ON TRANSCRIPT - ENTER CHANGES HERE 6 PAGE M LINE A CHANGE REASON 7 6 9 30 Dated this _ day of , 31 Zola. 11 13 14 15 16 NARTIN E, O'BOYLB Please forward the original signed errata sheet to this Office ao that Caplet may be distributed to .11 parties. 17 Under penalty of perjury. I declare that I have reed my 16 deposition and that it le true and correct subject to any changes In form or substance entered here. 19 20 DATE: 21 22 EIONATURE OF 23 24 25 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 $1,500 218:14 $1200 218:17 $3800 218:19 ( (1) 292:1 (2) 292:2 1 1 198:2215:18 278:19 292:25 10 166:25 167:19 185:20 100 199:10 100 -page 209:18, 20,21 1001 278:10 287:4, 12 292:3 10:00 293:19 11 187:9 11:05 219:12 12 167:24189:19 207:5 295:25 1280 176:13,17,25 181:14 188:18 192:10 196:23 1286 192:20 193:5, 14,17 12th 296:11,20 297:18 13 190:12 14 193:24 194:1,3,8 195:2 198:17 15 166:21 194:1,5,8 195:4 215:24 270:14 298:18 157 221:10 243:11, 13 15th 294:1 16 207:3 214:8,9, 251:10 257:1 16th 214:8215:24 217:3 17 167:20 17th 169:16 18th 297:21 19 217:12241:21,23 19th 297:21 2 2 279:1,23,24 291:21 20 188:12,14,16 20 -miles 289:23 2011 184:25 2013 278:7 282:16, 19 283:1,5,9,23 284:4 290:21 2014 167:20 181:24 201:7 258:24 284:7, 11 286:7,18,21 287:6 290:15,23 20th 297:22 211 207:5 2146 279:6280:8,18 281:13,19,23 282:7 283:15 291:22 21st 297:22 22nd 197:8297:22 23 176:15 284:9 285:24 290:23 23rd 295:15297:16, 22 299:6 24th 295:15 25 179:6 206:7,20,23 25,000 166:21 26 214:15 218:21 27 218:1 27th 174:20 217:25 28 212:22 214:25 215:6 29 287:6 2:00 222:16 2:36 160:3 2nd 200:16201:7 3 3 201:20 252:12 279:22 30 -miles 290:1 33432 193:18 33483 176:16 34 277:14 35 292:25 4 4 201:20 281:21 284:7,11 286:7,18, 21287:1 4,000 252:12 4/28 206:6 4/28/2014 181:24 205:16 40 190:15,18 45 249:20 252:12 4:20 245:11,13 4:36 245:14 4th 237:12238:15 240:22 242:4 245:18 282:5 5 5 284:6 286:17 50 252:12 50,000 252:12 561 203:2 284:11 5:30 293:10,11 5:38 298:22,24 5:46 298:25 5:47 299:14,22 5th 197:2 251:13 6 6 167:1 199:6 257:21 258:17,22 6/2 213:1 6/21/2006 176:12 6th 161:3 254:22 - 7 7 176:7180:16,20 290:18 _ 8 _.. 8 180:11,12 291:10, 16 888 -830 -3769 193:19 8:00 293:9 9 9 184:14 216:1292:9 A a.m. 219:12 abandoned 275:25 abode 290:9 abruptly 237:1 absolutely 162:7 214:5 accept 270:24 274:15,17,19 accepted 274:20 access 200:20,23 201:5 215:19 accessed 200:25 accommodate 297:6 accommodation 293:25 accountant 178:17 189:16 accountant's 191:12 accountants 191:5, 7,10,22 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: $1,500- advice accountants' 191:14 accurate 198:25 accused 164:7 acknowledged 227:16,17,19 acquire 258:11 Acquisition 189:18,23 Act 167:23 218:11 action 266:16 actions 171:24 actively 168:2 186:15 192:2 284:13 286:8,19 activities 167:9 211:12 224:5 230:4 244:8 activity 223:24 229:11,12,14 264:4 286:24 actual 218:22 219:6 236:5 addition 262:25 address 175:6,7 176:17 181:1,5,7,12 189:2 192:10 193:17 196:20 247:1278:10,11 279:4,5 280:7,8,20, 22 281:14,18,23 282:6,12 283:8,15, 16 284:8 285:24 287:4,12,24 289:17 292:6 297:10 addressing 297:24 adjourned 299:23 administration 198:9 admission 290:24 admit 256:4 advance 250:24 296:13 adverse 276:23 277:13 advice 264:19,24 advise 224:10 advised 198:18 285:23 affiliate 263:19 affirmative 275:21 aforementioned 219:8 agencies 216:4 agent 175:25 176:14 187:16 190:19 193:13,25 259:1 260:10,13,21 261:2, 10 agree 170:8 210:5 236:7 agreed 171:9 210:6 293:25 299:3 agreeing 299:5 agreement 209:10, 12,16,17 210:8,10 238:19 239:6 240:9, 10,12 agreements 170:7 207:8,16 212:19 287:25 288:1 ahead 236:24 249:16 279:14 284:25 air 236:16 aircraft 177:12 airline 175:15 176:11 177:8 178:4 179:14 252:3 airport 183:7 akin 224:15 alia 270:17 allegation 286:17 allegations 278:4 279:24 284:16 allege 163:10 290:18 alleged 167:22 170:9 172:22 278:20 allegedly 179:7 235:4 alleges 161:11 198:23 alleging 172:23 269:16 allowed 232:2,5 289:13 allowing 288:14 alternative 275:15 ambiguous 223:8 amend 217:21 amended 275:21 Amendment 262:11263:4,5 264:14 266:8,15,17 267:3,9,10 amount 217:6 amounts 217:5 anger 254:24 255:9, 11,14 animosity 235:23 announcement 283:3 annoyed 268:3 answering 174:24 175:2 196:25 204:7 207:11217:24 218:3 219:18 268:19 answers 244:19 anymore 175:5 179:12 196:25 290:16 297:6 apartment 288:19 apparently 198:22 257:8 276:18 297:5 appeal 182:19,22 appears 171:22 202:4 258:3 apple 171:23 259:22 261:14 263:23 Apple's 266:21 272:10 application 260:24 appointed 179:7 approached 270:19 appropriately 275:19 approval 172:21 274:5,7 approve 160:16, 195:19 219:4,9 approved 171:11, 14 174:3 approximately 169:14,24 295:16 April 198:2,8,17 284:7,11286:7,17, 21287:1 area 254:15,19 284:11 areas 270:21 argued 219:24 argument 236:6 argumentative 204:8 205:14 206:25 207:24 219:21235:18,19 236:1284:22 286:13 argumentive 205:7 arranged 251:21 arrangement 218:24 articles 259:23 287:7 ashamed 235:17 assertion 231:18 assertions 279:19 Asset 190:9 assigning 198:18 assist 216:2 associate 265:1 267:14 associating 271:11 association 267:15 assume 194:9 assuming 242:5 assure 217:2 attached 285:5 attacked 225:19 226:1,15 attempting 290:7 attend 296:1 attorney 218:13 220:11221:5 235:23 259:2,3,4 264;24 attorney's 165:17 attorney - client 197:13 attorney/business 179:4 attorneys 167:1 201:2 attorneys' 212:2 217:6 230:22 attractive 274:11 audits 216:3 Augmentive 235:10 August 161:2 authority 213:2 223:1 239:2 authorize 219:3 Aviation 180:4,22 181:10 aware 160:21,25 161:3,6,13 162:12, 18,20 163:24 165:12,21 192:7 198:2,7,17 202:25 203:4,6,9 205:12,16, 20,23 206 :9,22 207:3,7,15 208:6 212:22 213:1,5 219:17 253:15 282:6,12 283:22 284:18 285:23 286:2,6,12 287:1,6, 10,12 290:13 Awareness 160:7, 25 161:8,20,24 162:9 163:12,15,17, 21 164:9 165:7,16 166:12,24 167:1,10 168:7 169:8 170:16 171:17,20 1722,5 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: advise -Beach 193:16,25 196:19,22 197:1,10,16 206:8 213:18 217:8 awful 252:13 B B- o- e- a -k -e -r 233:16 back 160:4164:5,6 166:2,15 170:23 180:6 194:20,21 200:3 208:23 209:5, 8 215:1220:23 224:2 225:24 233:25 234:4 242:22 244:16 245:15 277:3 278:4 295:15 299:20 backup 285:8 bad 230:7 243:6 268:5 bag 164:23 200:6,12 215:15 bank 206:10 273:3 bankrupt 202:2 bankruptcy 206:11,14 banner 183:1 251:13,16,18,21 252:8 253:6,14,22, 25 254:9 banners 182:14,17 183:10,15 254:3 255:13 297:24 bar 231:19,20 284:19 285:2,24 286:3 290:6,7 base 296:19 based 224:22 249:24 basis 162:25 197:22, 24 202:14 243:7 bathroom 274:9 Beach 182:18 187:24 193:18 224:17,19 225:1 253:15 267:6 279:4 280:7 bed 229:22230:1,3 256:7 begin 225:4258:12 behalf 170:2172:16 beliefs 211:6 believed 217:3 beneficial 245:4 big 186:17,19 229:3 Bill 201:1217:13 222:25 238:6,8,23 240:1,25 241:1 242:22,23 billed 219:6 billings 252:17 bills 251:17252:6,9, 11,15,24 253:10 254:15 birthday 296:11,12 bit 242.?3 263:25 271:19 bite 171:23 Blanc 293:23 board 174:21 198:10 Bob 171:19 208:2 216:13 228:1233:9 236:4 245:2 256:10 277:17 292:22 299:11 Boecker 233:16,18 book 181.•16 Boy 202:1 brain 225:5 236:21 brainchild 225:8 226:5 245:23 breach 238:22 239:6 breached 161:12 238:19,20,21240:8, 10 break 168:12187:6 208:17 245:3,6 261:19,24 298:15 299:2 Breakers 253:20 254:1 breaking 262:1 Brenda 169:6 174:22 178:20,21 179:4 183:17,18,19 184:4 217:19 Brenda's 183:22,24 184:1 Bridge 296:17,18 bring 160:10164:5 173:6,8 174:12 185:3 225:15 226:9, 13 238;6 263:3 265:24 266:2 bringing 173:3 216:9 250:22 Broad 278:10 287:4,12 292:3 Broeker 267:7 brought 238:10 262:24 Broward 202:9,21 204:4 building 174:25 188:20,24 196:23 207:19 238:4,5 267:6 288:16 buildings 188:22 bully 173:13 bunch 164:4 business 189:8 190:18 192:15 203:1210:22 211:9 217:4 267:16 283:7 290:4, 292:5 businesses 193:2,7 267:15 businessman 211:2 buyer's 243:18 buying 296:14 C cabs 241:8 CAP] 172:18,20,23 174:4,5,20,23,25 175:3,8,9 178:22,23 179:2,7 183:18,24 184:4,7,9 186:6,7,8 191:22 192:19 193:9 198:10,24 199:3,9,14 200:3 206:21207:7,9,16 208:1,4,8,10,13,18, 20,23 209:15 210:7, 8,22 211:9,13 212:8, 19 213:7,9,22 214:16 215:3, 216:9 217:13,14 2182,4 219:19 293:15 CAPI'S 175:6 209:19 218:9 call 164:25 165:6,8, 9 167:12 200:9 203:7 204:11 215:17 218:25 243:5 248:19 272:10 296:17 called 164:22165:1, 4,23 166:2 200:8 202:9 204:3 215:14 1-20:1,21227:7 235:14 243:11 266:21268:6 273:1, 2,16,18 276:22 278:6 Cambria 287:3,9 288:19 289:17 290:10,15 cancer 221:3 car 289:4 card 169:5, 283:7 care 181:1277:17 297:8 carefully 255:19,22 256:11 case 163:11 172:15, 19 173:2 176:3 182:18,22 198:19 218:7,17,19 227:6 228:23 290:25 291:1,11 293:4 296:24 cases 197:9 198:5, 11200:4,24 201;1,2, 3 205:11206:7 207:5 208:10,14,18 212:23 213:2 215:8, 9 220:15 227:6 228:18,20 235:5 246:15 248:11 275:22 284:3 290:22 293:15,16 295:25 296:3,6,25 299:8 Cathleen 217:14 caused 161:21 cell 203:1,2,6 Center 176:14,17, 25 181:14 188:18 190:10 192:11,20 193:5,15,17 196:24 certifying 215:1 CC 189:18,23 chance 167:5 231:10 Chandler 160:18 161:1,9,11 162:5 164:3,11,23 165:4,6, 12 166:4,12 167:20 168:3,6,14 169:15, 18,20,25 170:7,9,23 171:9 174:11,16,18 197:2 198:3,11,18, 23 199:4,13 200:2,5, 17,18 201.•6 205:10, 17 206:1,13,19 207:4 212:23 213:5, 23 214:1,4,16,25 215:12 216:2,7,9 217:2,17,25 219:13 241:22 Chandler's 162:20 167:25 172:20 change 193:12,23, 25 298:9 changed 169:22 170:23 character 195:19 256:18 charge 270:23 check 251:17252:6, 9,15,23 254:14 282:2 286:21,25 checked 222:25 checks 209:25 chiefs 297:25 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index:bed -code child 225:5 children 227:22,23 228:10,15 244;1,2 280:22 Christopher 29025 chronicled 167:15 chronology 241:6 chucked 274:23 275:2 Circuit 161:2 circulars 298:2 Citizens 160:7,25 161:8,20,24 162:9 163:12,14,17,21 164:9 165:7,15 166:12,24 167:1,9 168:6 169:8 170:16 171:17,20 172:2,4 193:16,25 196:19,22 197:1,9,16 206:8 213:18 217:8 city 202:2221;18 294:2 claim 167:2 221:12 claims 161:12 168:15 173:3 221:14 clarity 199:6 clean 29621 clear 216:13 222:22 223:9 227:2,9,15 229:1, 237:2 248.22 249:1262:2 277:25 278:1 client 224:12 256:7 clients 251:17 252:6,9,16,19,20,21, 23 253:3,10 254:14 close 296:18 closer 264:1 closings 205:7 clue 270:18 co- counsel 220:1 256:24 code 284:11 coinciding 167:25 collects 208:9 combination 262:8 Commerce 175:7, 10 176:18 181:1,4 187:8 188:9 191:24 192:5,14,17 217:15, 19 commission 239:3 committed 206:10, 14 common 209:13 210:12 communicated 168:3 220:20 communication 217:23 219:17 224:6 communications 165:13 167:14 170:3 214:6 223:25 companies 169:4 191:2,4 company 166:23 175:24 177:14 179:19,22 181:16 182:2 183:11,13 186:15,16,17,18 189:8,18,23 190:24 191:25 192:2 252:3 258:11,18,21259:23 262:5,23 270:19 272:20,25 compel 296:2,25 complained 205:9, 17,25 206:1207:4 complaint 161:14, 15,18,21 166:25 232:19,21 233:1,5 complaints 214:16, 23 215:2 complies 266:16 compound 194:25 computer 215:20 concern 271:4 concerned 285:15 concerns 257:11 concluding 299:7 conclusion 262:12 condition 218:12 246:3 247:2 conditions 247:5 conduct 281:9 conducting 216:3 conference 242:21 243:3 248:19 256:8 confirm 219:10,14 293:1 confront 266:13 confused 224:25 conjunction 264:15 connection 161:25 279:12 consent 205:12,20 213:8 considerable 297:3 consideration 267:4 constitution 262:11 264:2 contact 273:4 274:20 275:1 279:13 286:4 contacted 218:7 272:21273:15 context 228:13 234:18 continually 197:18 continue 298:12 CONTINUED 160:1 contractor 217:16 contractors 208:19 contradicts 291:24 292:4 contrary 256:15 contribution 210:3,19 control 175:1,4 210:16 252:11 262:22 conversation 218:6,15,23 219:14 220:8 235:2 conversations 171:8 216:14,23 261:5 converse 241:10 cooperation 279:4 copied 217:12 Copies 180:14270:3 copy 180:5 194:10 200:16 257:7 268:1, 6,7,14,18,25 270:8 299:12,21 corporate 178:14 181:13,16 189:3 192:12 corporation 180:23 189:24 197:17 273:2 279:5 280:6, 7.11288:10 290:20 corporations 176:11 193:14 279:2 280;5 282:1 correct 164:12 174:13,22 175:20 187:16 193:8,10,11 202:22,23 205:12 247:3 261:12 284:16 291:4 292:10,12 295:23 costs 165:17 212:2 218:17 counsel 171:11,14 198:3 220:5,14 231:12264:17 276:23 299:3 counterclaim 172:3,12 275:21 County 182:18 187:24 202:9,21 204:4 253:15 287:3, 10 288:19 289:17 290:10,15 couple 227:13 230:17 298:19 court 231:3 256:1 284:12 286:6,11,18, 23 287:2,9 291:25 296:2,25 299:7 Index: coincidine- defendant' Courthouse 182:18 courts 290:6 cover 180:15,18 Craft 270:14 crazy 234:20 create 218:21253:5 created 278:7 290:20 credibility 240:15, 16,17,18 credit 169:5,6 criminal 235:14 CRO 180:4,22 181:10 cronies 268:4 crook 216:7,11,12 cross - examine 277:12 crossed 225:19 226:2,16,21,23 crowd 252:11 crying 229:22 230:1,4 current 189:7 cut 197A 296:10 i] daddy 229:3 damage 225:20 226:24 damn 290:4 data 200:23215:20 date 164:20176:12 181:24 251:13 290:15 293:25 dates 289:4 daughter 244:3,5,8 280:25 281:5,12,16 289:5 daughter's 182:18, 22 244:24 daughters 230:22 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 day 165:2168:7,19 195:20 200:10 220:24 251:19 253:14 254:22 296:17 297:18 days 251:7 258:17 297:21 De 162:10,24170:19 174 :21 179:5 197:9 198:8 200:4,17 206:6,12,23 207:4 212:22 214:12,15,25 215:11216:1 217:12 260:3,7 deal 185:2 191:5,6, 10 195:18 268:8 270:12 272:13 dealt 165:11275:19 297:4 debate 256:9 debtor 208:20 December 161:3 282:16,19 283:4 decide 172:11 197:24, 255:25 256:6 274:15,17 decided 221:6 264:20 274:19 275:25 decision 258:11 Deerfield 193:17 267:6 279:4 280:7 defamation 232:18 defamatory 264:3 265:1 defame 267:14 defamed 232:12,13, 17,18,20 defendant 218:7, 21,25 219:2 defendant's 176:7 180:12 184:14 185:20 187:9 189:19 190:12 194:3,5 199:6 251:10 defendants 164:9 165:15 defense 275:21 defrauding 290:6 delayed 195:18 deleted 198:24 Delia 217:15 deliver 257:24 delivered 258:3,5,6 demand 166:4 218:19,20 219:4,5,8 demanded 164:11 206:6, 212:23 296:7 demands 219:10 250:4,8 denied 213:1 Denise 174:21 201:4 214:24 215:18 Department 176:10 192:8 278:9 279:2 280:4,10 281:25 292:5 depends 215:13 depo 277:1 299:7 depos 299:8 depose 277:13 deposing 293:17 deposition 172:6 269:13,14 270:6 276:20 294:5 296:23 299:4,22 describing 237:14 designated 174:21 designed 265:5 desire 168:1239:25 DESOUZA 162:14, 16 163:5 164:14 165:18 168:9 171:4, 19 172:7 175:21 176:1 177:6 178:10 179:8 180:5,8,17 188:6 192:25 194:9, 13,17,24 196:17 197:11 198:13 199:1,5,8 201:19 202:12 204:6,17,25 205:3,6 207:20,23 208:2,15 212;11 213:10 216:13,18 220:4,7 221:21 228:1,7 232:9,14,25 233:9 235:7,11,19, 25 236:3,5 240:2 241:9 244:15,19 245:3,10 250:5 253:11254:17 255:3,21256:10,22 257:3,6,13,17,21 261:3 262:16 264:6 266:22,24 270:10 271:24 272:16,18 273:9 275:17 276:4, 10,18 277:3,14,17, 23 282:9 283:10 284:24 285:9 286:10 292:22 293:4,11 294:8,10, 13 297:12 298:15,21 299:9,11,20 detail 209:18 detailed 255:22 256:11 details 255:19 288:15 detective 244:5 determine 279 :23 284:15 286:16 291:3 determined 171:2 developed 274:6 developer 273:12 difficulty 195:18 digress 242:19 dinner 242:20 dire 218:11 direct 170:22 196:14 213:20 254:2 258:21 directed 185:25 219:7 directly 196:5 222:19,23 223:16 241:18 267:13 director 178:23 183:18 184:4 187:18,21 190:20 206:21 directors 178:22,24 dirty 184:17187:23 188:5 252:18 271:9, 12,16 discharge 276:9 discovery 171:24 172:10,24 173:15 discretion 221:11 discriminate 249:10 264:8 272:3 discriminated 249:22 discrimination 249:12 discuss 248:7 265:14 298:16 discussed 174:11 218:7 260;25 261:6 288:9 290:18 discussion 220:25 223:23 236:14 241:7 256:6 299:16 discussions 169:14, 17,24 219:1,3 224A, 23 230:18 dismiss 254:25 dismissed 221:12, 13 285:18 dispute 225:16 226:9,13 279:19 disqualified 276:2 disqualify 219:24 245:8 275:14 disqualifying 254:25 disseminate 201.•5 disseminated 269:17,20,23 271:15,17 district 167:22 Division 176:11 279:2 280:5,11 281:25 document 190:22 201:16 210:2 269:6 documentation 215:23 documents 178:9 188:4 198:20 217:22 278:15 dollars 229:7,8 274:3 275:1 door 193:6 dozen 293:14 DIRT 187:20192:7 drafted 205:11 221:6 drafting 205:18 drink 253:23 254:9, 23 drive 176:14,15,17, 25 181:15 188:19 190:10 192:11,20 193:5,15,17 196:24 253:23 254:9,23 284:9 285:25 driver's 203:16 drives 289:4 drop 298:2 dropping 225:4 ducks 173:8 DUI 244:25 DUIS 244:13 duties 171:11 duty 161:12 290:8 DX15 194:14 E e-mail 164:11,23 165:22 166:5,8 167:12 200:15 201:13 213:16 218:5 219:11,13 223:6 241:21271:2 e- mailed 270:14 e -mails 163:20,24 164:1,2 198:24 216:15,19,20,21,22 273:21 earlier 200:6 232:12 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: defense - enraged earned 164:10 earning 209:2 East 279:6280:8,18 281:13,18,23 282:7 283:15 291:22 editorializing 276:14,18 educate 161:25 Educating 186:22 effective 164:24 effort 271:9 efforts 263:20 264:21 electronic 216:3 electronically 258:6 Elmore 238:11,24 240:14 employ 241:18 employed 241:13 employee 217:15, 19 218:2 employment 168:4 170:13 encountered 171:10 encourage 266:19 encrypt 215:22 end 234:22236:13, 22 262:1299:24 ended 237:1261:21 ends 197:18 engage 204:17 engaged 189:8 190:5 244:8,9 engagement 207:16 212:19 engages 210:22 engaging 204:21 engineer 294:22 Enhancement 190:9 enraged 285:7 entered 169:15,25 entire 198:10 entities 181:12 184:1 196:7,8,13 208:19 209:14 241:18 entitled 172:7 212:9 256:3 271:10 entity 160:14,17 163:13 168:6,14 170:17,20 171:3 174:12 175:1,3,15, 17 176:21,22,25 177:5 178:7,16 181:6 182:12 184:18 185:1,8 186:2,9,11 187:2 190:11,14 196:23 208:7,10,12 210:16 212:15 267:16 enumerated 276:7 enumeration 212:5 estate 273:12,13 288:11 ethical 256:17 ethics 279:11 event 243:24 246:23 247:16 evidence 245:9 evidentiary 275:16 excerpts 256:13 exchanged 164:2 Excuse 172:12 223:7 263:2 exercise 217:4 exhibit 167:1 176:5, 1 so:7,lz i8a:14 185:2D 157:9 1 89:19 190:12 194:3,5 199:6 251:10 257:1 291:18,19 exhibits 180:9 193:21285:5 292:19,21299:13 existed 291:5 existence 184:25 188:14 216:22 exists 160:10 expect 208:23 244:9 268:20,22,24 expectation 211:9 expected 249:9 expedited 297:1 expenses 169:1 218:22 219:6 experience 167:25 277:15 expert 215:21 explain 230:16 explained 218:11 243:6 expressed 218:8,23 expressions 243:19 extensive 167:25 extent 162:2 182:25 212:13 224:10 235:2 extra 257:6 eyes 247:16 F F -1 191:18 face 221:4 262:25 295:1 facetious 276:15 facial 243:19 facilities 274:10 fact 162:21,23163:9 165:11 166:4 174:16,17 205:5,9 22422 238:6 258:17 261:1270:8 279:17 281:13 facts 172:4221:18 278:20,24 factual 243:7 failure 218:9 false 279:25 280:15 familiar 180:4 184:18,20 191:25 248:8 292:17 family 225:15,19 226:2,9,13,16,18,19 fantasy 237:17,19 father 284:9 father's 292:2 fax 213:16 258:6 faxed 258:9 February 167:20 169:16 197:2 federal 231:3,21 256:24 290:22 fee 207:8,15 212:18 feed 235:5 feel 173;9270:15 fees 164:10165:17 212:2 217:6 218:17, 22 219:6 fellow 195:16 felt 225:14,15226:8, 12 fiduciary 161:12 figure 247:22 269:15 294:14 file 243:10284:19 filed 161:1,4,6,21 163:9 167:20 170:15 171:18 176:12 181:24 185:9,11,14,15 187:23 200:4 201:25 205:11 206:24 212:14 213:21 215:2 225:5 233:23 243:20 257:10 259:22 260:19 275:23 287:8 290:23 291:10 296:22 files 189:6,10 200:20 filing 172:22173:14 181:22 185:5 186:21 201:18 211:19,25 280:11,12 282:2 292:4 filings 281:25 filled 162:3 film 294:25 financial 218:12 financially 267:19 find 172:10209:4 233:6 263:5 268:7 275:3,277:4 fine 198:1205:7 296:4 finish 298:19 Finishing 29348 fire 238:11,23 240:8,9 fired 238:7,9,16 239:9,10,11,14 240:1,5,13 firing 240:11 firm 160:23162:12 163:2 164:10 173:20 174:4,13 192:20,23 193:14 195:8,25 196:2,13, 20 197:3,10 198:11 202:10 203:24 204:2,4 206:8,24 207:8,17 208:9 211:20,22 212:20,24 213:2, 217:3 218:16 219:6,16,24,25 222:20,25 223:1,14 225:12 228:24 2291 235:4, 240:22 241:1,2,4,14,23 242:1,3 251:4 255:1 267:5 275:15 276:1 278:6,7 279:3 280:5,12 281:14,22 282:7,14,19 283:12, 16,20 284:13 286:8, 19,23 287:7,20,23 288:4 290:19 291:21 292:4 firms 221:17 fistfight 234:15 Flack 217:15 ]lapping 198:21 floating 257:9,11 flooded 294:20 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: entered -Fort Florida 167:21 171:18 176:10,16 193:18 198:4,18 200:14 204:4,5,24 205:18 264:22 265:2 273:12 279:1, 5 280:4,7,11 281:25 284:10 286:3,6,10 287:7 290:22 292:2 flow 197:4 flown 182:17 251:14,16,18 253:6, 14 255:13 fly 183:10 253:22 254:3,6,19 297:23 Flynn 191:15,17 focus 263:25 food 296:14 foreign 279:3 280:6 forget 165:3 195:17 forgot 214:3 form 162:14,15 163:3 164:13,14 165:18,19 168:9 171:4 176:1 178:10 179:8 188:6 192:25 194:24 196:17 197:5,11 198:13 202:12 204:6 207:24 208:15 213:10 221:21 253:11254:17 255:2 258:11,18,21 264:6 270:10 276:24 277:2,4,6 282:9 283:10 284:22 286:13 292:7 formal 178:9246;6, 9,12 format 201A formed 160:14 168:7 169:9 179:14 185:24 186:1,2,6,7,8 187:12 188:11,12 190:7 262:23 forming 174:11 forms 189:4,6 Fort 203:21 forthwith 258:13 fortune 239:14 forwarded 206:8 Foster 249:9 251:17 252:5,9,16,20 253:3, 9 254:14,24 Foster's 252:11 found 216:12 foundation 160:8 161:1,8.21,24 162:9 163:12,18 165:7,16 166:13 167:2,10 168:7 169:8 170:12, 16 171:12,15,18,21 172.2,5 193:16,25 196:19,22 197:16 206:9 211:13 213:18 217:9 235:5 fraud 206:10,11,14 free 171:23184:5 210:17 217:4 Friday 294:24 297:18 friend 217:16 friends 273:5,6,7 front 160;22257:17 267:6 292:24 fruitful 293:7 full 215:15221:8 233:24 full -time 162:25 202:20,22 203:20 fully 173:18 fund 196:2,4,8,13 197:10 funded 208:4 funder 207:17,18, 25 funding 163:13 212:14 235:6 funds 168:23 208:7 funny 261:21,23 262:10,263:24 265:25 266:1 future 223:24 224:5,24 fr, gain 200:20 games 207:13 garbage 246:17 gave 176:18180:20 221:10 223:1,14 240:24 251:8 general 245:20 generally 209:11 245:25 254:4 generate 162:11 163:1 generated 207:5 gentleman 173:7 geographic 254:15, N George 238:11,24 240:14 Giovani 205;9,17, 22 girl 230:24 give 162:11167:5, 16 180:15 208:10,14 211:25 215:19 234:18 254:15 264:17 267:3 298:12 giving 210:13,15 232:4 256:21 276:25 glad 201:25 231:12 246:20 global 242:11 247:9 goal 240:5 250:9 goals 239:12,13 good 184:13189:7 221:24 222:4 223:10 252:13,14 272:13 Gordon 270:14,15 governance 181:14 189:3 192:12 government 168:1 171:10 184:17 185:2 187:23 188:5 governmental 208:19 GP 187:8 188:9 189:24 grandchildren 293:24 294:3 great 195:18202:2 245:10 272:18 Group 175:7,10 176:18 181:2,4 187:8 188:9 191:24 192:5,14,17 guess 166:23 184:10 204:11 210:7 214:3 273:5 guessing 243:24 Gulf 172:17176:15 213:7,8,17,21 236:11237:3,23 257:9,12,25 258:11, 19 263:21264:5,8, 13,22 265:2 270:17, 20,21271:5 284:10 290:25 294:3 guy 168:25169:3 171:24 268:5 guys 266:10 W bac 290:22,24 hall 294:2,21,24 hamburger 259:11 hand 230:6258:5 handicap 249:10 handicapped 237:2 249:5,22,25 264:9 272:3 274:9 handle 178:15 198:19 284:3 handled 198:4 handles 178:16 183:15 189:3 hands 234:16,25 235:1 handsome 270:23 Index: forthwith - identification 274:1 happened 164:18 173:2 243:22 247:14 248:15 249:18 251:1 happy 279:15,20 harassing 204:8,19 Harbor 176:15 284:9 285:25 hard 241:9 hatred 235:23 He'll 201:17 hear 201:24 heard 206:4248:16, 17,19 276:24 hearing 275:16 hearings 296:2,7 297:1 heck 238:13 held 164:10241:7 299:16 hell 272:4 helpful 200:22 helps 289:11 Hidden 176:15 284:9 285:25 hierarchy 271:7 high 252:13 263:11 high -end 273:13 highly 261:16 Highway 175:16 176:11 177:8 178:5 179:14 hint 271:21 hire 182:15,19 183:2 21520 229:23 230:2,9 236:20 hired 168:8 182:24 183:1,8 hiring 183:4216:2 hold 200:11220:4 228:1234:16 235:25 257:3 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 home 174:17,18 202:22 284:8 285:24 292:2 294:19,20 296:21 297:9 honorable 202:17 hoping 186:16 horse 263:11 host 207:23 hotel 168:20,21 169:6 hour 249:20 hours 276:19,25 277:2,5 289:8 house 236:24 249:14,15,24 250:10 251:3,6 259:9,16 262:5 264:12,13,22 265:1270:17 271:20,23 272:7,11, 22 288:20 289:22, 23,24 296:21 houses 236:12 237:24 250:13 258:11,12,19,22 259:5,22 261:15,17 26320,23 264:21 270:20 271:6,12 human 235:1 hundreds 167:20 235:5 Huntington 279:6 280:8,18 281:14,18, 23 282:7 283:15 291:22 hurt 234:22263:16 husband's 233:19 I idea 171:7 178:1 183:3 190:15 202:23 203:25 210:9 211:24 212:21214:17 221:20 222:4 230:7 234:11260:8 identical 289:25 identification 176:8 180:13 184:15 185:21 187:10 189:20 190:13 194:4,6 251:11 identified 281:22 282:1,3 11 299:24 imagine 198:14 immediately 164:24 215:16 240:19 255:18 immigration 195:21 implementation 258:13 implication 253:2 implicitly 253:9 implying 252:16 important 296:6 297:5 impregnated 204:13 impressed 187:7 Impression 253:6 improperly 269:17, 18 In-house 191:7 including 164:8 167:15,21 220:25 income 160:8 189:12 incorporated 174:20 190:15 incorrect 292:10, 13,15 Incurred 165:16 217:7 indirectly 251:22, 23 267:14 individual 187:13 270:7 individuals 163:21 Indulge 173:24 Infancy 186:17 information 215:19 275:2,6,11 inquiries 279:12 insist 197:9 insisted 162:10 insistence 165:14 installation 253:19 Instituted 297:3 instructed 218:13, I8 instructing 205:3 293:5 instructions 162:23,24 277:18 intend 217:13 253:5 258:12 intended 162:21 intending 186:18 Intent 210:25 intention 270:16 271:6 295:21 intentions 295:4 inter 270:17 Interest 176:24 182:13,15,20 interpretation 253:2 Interruption 173:21243:12 interstate 219:25 Intimidate 173:13 250:3,7 intimidation 272:23 Investigate 278:14, 16,20 279:8 investigators 229:24 230:2,5,9,13 Invite 266:15 involve 173:19 Involved 160:13 165:7 167 :9 170;17, 19 175:16 181:13 192:3 195:24 221:17 228:15 234:20 235:3,9 244:1,2 267:16 Involvement 161:17 167:2 175:22 267:18 involving 165:14 Issue 162:3 229:8 247:9 264:25 issued 186:9 Issues 266:13 J January 168:18 174:10,20 290:23 Jersey 203:11,14,16 273:3 284:4 294:16, 18 296:9 JF 253:22 254:9,23 Joan 238:24 239:1 Joanne 220:2225:5 243:17 257:13 Joel 161:1,9 164:22 200:8,17,18 215:7, 15,19 217:17 Joel's 167:12 John 238:10 Johnstown 278:11 287:4,13 288:23 289:8,25 292:3,6 join 241:4 Jonathan 195:22, 23 205:10,18 218:19 219:8 238:12 281:7, 9,13,17,22 288:7 290:2,21,23 Jones 249:9251:17 252:5,9,11,16,19 253:2,9 254:14,24 Jr 259:2291:1 judge 197:25231:8, 14,21 256:6,18 291:11293:7,23 judges 256:25 297:11 judgment 217:4 judicial 161:2 167:22 July 200:36201:7 jump 296:19 June 164:21 170:24 200:6,24 213:5,25 215:14 216:1,10 217:3,12,25 218:1 237:12 238:15 240:22 241:21,23 242:4 245:18 251:13 254:22 257:21258:17,22 270:14 282:5 junk 227:21 jury 253:8 IN Kevin 279:10 kid 239:23 kids 234:19,20 kind 202:18 219:5 242:11 289:4 knew 211:19215:4, 10 216:11221:2,3 267:15 276:12 knock 262:9,14,20 263:8,11,13,24 knowledge 172:20 175:12 185:17 196:21 197:17 205:12,19 209:13 210:12 213:8,19,22 216:14 223:3 241:15,17 273:13 284:17 286:1 289:10 Kraft's 271:18 L Ladony 238:12,24 240:16 lady 189:3 land 274:5 landscaper 236:15, 18,20 249:6 250:25 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: identified- lawsuit landscapers 236:17 language 218:1 252:5 lap 239:22 Larmartini 162:10 170:19 17422 179:5 197:9 198:8 200:4,17206:6,23 207:4 212:22 214:12,15,25 215:11 216:1217:12 260:3, 7 Larmartini's 162:24 206:12 lasted 249:20 late 1652 Lauderdale 203:21 law 160:23 162:12 163:2 173:19 174:4, 13 192:20,23 193:10,14 195:8,24 196:2,13,20 197:3, 10 198:9,11200:19 202:8,9,10,21 203:24 204:2,4,22 206:8,24 207:8,17 208:9 211:20,22 212:20,23 213:3 214:22 217:3 218:16 219:6,16,25 221:14,17 222:20,25 223:1,14 224:12 228:24 232:1,3,10 235:4 240:21 241:1, 2,4,13 242:1,3 244:11,12 251:4 255:1267:5 269:6 275:15,20 276:1,9 278:7 279:3 280:5, 12 281:9,14,17,22 282:7,14,18 283:12, 16,19,20,23 284:13 286:8,19,23 287:19, 23 288:4 289:9 290:19 291:21 292:4 lawful 219:25 laws 167:23244:10 lawsuit 161:1,3,6,7 163:9 167:19 170:15 171:22 174:2 17596 187:24,25 198:22,23 199:1 201:18,19 257:10 270:12 29622 lawsuits 162:11 163:1 164:9 165:15 167:21 168:15 171:17 185:15,16 186:21201:22 205:18 206:23 211:20,23 213:20,21 245:25 247:23 275:22 lawyer 186:3 195:15 204 :5 205:25 214:19,21 228:24 243:9 244:4 249:9 255:4 259:9 264:19 279:11 284:13,20 286:7,19, 22 292:1,2 lawyers 173:9,11 196:15 267:7 283:19,22 lawyers' 196:4 laying 209:18 layout 263:22 lead 255:10 270:2 277:16 leading 276:22 277:8 leaks 297:9,10 learn 173:1271:18 277:22 294:1 learned 213:6 221:18 lease 189:1287:23 288:3,6,7,13 leased 193:4 leases 192:20 193:2 leave 180:5,7 238:4, 5 249:8,16 259:19 295:14 leaving 240:19 left 164:23195:8 200:6 215:15,16 legal 171:11,14 174 :3 178:9 198:3 212:11217:4 262:12 264:19 267:2 legitimate 162:8 lengthy 169:13,17, 23 letter 180:16,19 200:6 215:16,24 251:9 257:1,4,11,13, 16,24 258:14,16 267:24 268:3,9,18, 20 269:9,16,20 270;8 271:12,15,18 279:15,19 letters 207:16 212:19 letting 207:13 Lexus -nexus 233:15 Liability 259:23 license 202:10 203:16 214:22 228:21 lie 231:7,17232:2 271:8 lied 163:8231:3,14, 20,25 256:24 lies 221:8 likes 179:25 Limited 259:22 lips 198:21 list 198:10278:9 291:1 listed 175:6192:7 202:25 261:12 284:7 287:8 listen 277:22278:2 listened 256:23 listing 291:25 lists 279:5 280:8 litigate 173:18 litigating 162:3 litigation 160:11,22 186:13 197:3 223:24 224:5,24 247:20 248:21 297:4 live 168:24 289:13 290:9 lives 289:9 290:12 living 202:2 LLC 175:16176:12 177:8,9 178:2,5 179 :14,22 184:17 185:19,23 187:2 259:22 261:15 loan 210:2,4,5,20, 21,25 211:1 loaning 167:10,11 loans 196:14 209:24 local 216:3 located 176:18 191:20 193:9 196:20,22 207:18 location 281:10 288:4,22 long 173:16,17 245:7 250:9 288:13 longer 207:9214:7 298:17 looked 243:18 lose 294:18 losing 263:1 lot 182:16229:10, 12,14 love 239:10 Lucky 167:7 M M- o- h -l-e -r 213:14 mad 271:22272:1 285:11,14 made 162:2165:12 166:4,7 189:4 203:7 205:21206:19,21 210:8 219:15 229:1 231:18 237:2 239:25 242:9 246:7, 9,12 248:20,22 258:10 259:18 272:23 277:1,6 279:12,19 maiden 233:12,14, Index: lawsuits - Middlebrooks 19 mail 189:5 mailing 278:11 279:5 280:8 main 192:14247:16 maintain 297:6 make 162:1 168:15 180:8 193:23 211:16 214:22 217:14 219:8 223:9 229:25 230:21 244:15 245:18 246:1248:9 250:3,7 262:2 263:25 288:5 makes 260:24 making 196:14 204:19 213:6 276:20 277:9 man 202:17234:15 manage 191:3 manager t75:24 176:13 177:14,16, 17,20,22, 184:24 261:12 272:4 manages 191:3 managing 178:2,3 186:15 March 197:8198:7 mark 176:5180:10, 11 185:19 189:22 192:17 193:20 251:9 marked 176:7 180:12 184:14 185:20 187:9 189:19 190:12 194:3,5 251:10 marriage 233:20 Martin 169:18 171:19 176:13 177;21222:23 264:13 284:9 Marty 204:16,18 229:23 230:2 236:3 238:12 256:2 298:4,7 Matt 195:17 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 matter 218:13 matters 173:19 297:5 mayor 271:7272:4 meandered 248:25 meaning 243:10 meant 230:15 Meenu 291:2 meet 247:2,5 meeting 220:1,22 22:1,4,8 225:23 228:6 237:1,9,10,11, 21 238:5,10,15 240:7,19,22 241:25 242:4,10,14,25 243:2 245:17 248:2, 23 249:16,19,23 250:2,13 251:8 253:20 255:19,25 256:2,4 258:17 259:5,10,13 282:5 meetings 181:17 198:9 member 178:2,3,6 217:20 231:18,20 241:2 242:1,3 290:6,7 291:21 members 224:12 memo 221:11 228:5,6 234:10 255:20,21 memorandum 169:15,21,15 222:7 memorialize 218:5 memorize 201:10 mention 225:1 mentioned 273:11 Mesa 205:9,17,25 Mesa's 205:11,12, 19 met 174:10294:2 MGRM 177:23 Michelle 183:5 middle 214:2 Middlebrooks 231:8,15 midnight 293:20 migrate 247:13 Million 274:3275:1 millions 229:7,8 mind 221:23 248:1, 3,10,12 252:18 265:6,22 mine 202:5,6 minimum 206:7 minute 182:5187:6 242:16 298:15 minutes 181:17 249:20 298:19 mission 160:16 Misstates 262:16 mistake 214:22 mister 163:10,25 203:10 234:7 259:21 mobile 286:3 model 209:19 Mohler 213:14,16 moment 208:21 263:2 265 :4 moments 200:9 money 164:5 165:16 166:17,18,20 167:10,11 197:4 208:9,10,13,20,24 209:1,2 210;13,15 211:16 212:10 270:25 272:21 moneymaking 190:5 month 200:24 252:12 295:17,22,25 296:6 months 181:25 201:20,23 251:5 290:19 Morgan 230:24 237:7 239:20 296:23 297:24 morning 218:6,15 229:22 230:2 motion 219:23 221:6,8 225:4 227:7,10,11243:6, 21245:7,8,23 246:3 16 247:12,17,20 248:4,6,25 249:2 254:25 260:19,23 275:14,17,24 276:5, 6,11,16 278:14,19 279:25 280:1285:4, 11 290:24 291:6,11, 292:20,25 motivation 255:11 move 232:10235:3 248:14 267:21,22 288:17 moved 290:21 multiple 267:20 fv names 170:22 191:9,14 262:23 265:5 nature 194:25 neared 236:22 necessarily 185:7 216:17 needed 169:5 223:13 230:9 266:4 negotiations 223:19,23 224:4,11, 23 neighbors 271:22 272:1,1 Newport 176:13,17, 25 181:14 188:18 192:10,20 193:5,15, 17 196:24 nice 173:5 298:9 Nick 217:25 218:1,5 295:2,3 night 165:2,4 200:10 229:22 230:1,3 242:20 293:19 294:20 nonsense 204:9 normal 252:19 north 176:15284:9 285:25 290:1 not - for - profit 168:14 211:13 notch 185:3 262:9, 15,20 263:3,9,11,14, 265:24 266:2,4,10 note 209:18,20,21, 22,24 notes 222:10,14 notice 275:3 298:12 November 278:7 282:15,19 283:4 290:21 November/ december 283:1 number 203:1,2 274:21293:8 284:10 286:3 293:15 numerous 279:18 57 O'boyle 160:7 162:18 165:11 169:18,19 171:20 172:13,21 173:12,16 174:4,176:13,15 177:18,21 180:22 182:2 187:12 189:23 193:14 195:8 196:13 197:3, 10,21 198:11 199:20,24 202:4,9, 21,22 203:24 204:2, 4,12 205:10,18 206:8,16,24 207:8, 13,17 208:4 212:23 217:3 218:16,19 219:6,9,16,24 222:20,24,25 223:1, 14 229:4,6 233:4,25 235:17 237:21 238:12 240:21 241:1,13 242:1,3 244:18,21257:9,16 265:7 268:5 271:11 272:14,25 275:15 276:17 278:5,7 279:3,21290:5,12 281:14,22,23 283:12,16,20 284:9, 13 286:8,19,22 287:7,19,23 288:3,8 290:19,21,23 291:20,21 292:4 293:14,23 294:1,4, 17 297:11 O'boyle's 201:24 256:16,18 264:14 293:21 O'conner 231:1 247:7 O'Connor 180:15, 20 220:2,20,22 221:11222:3,17 227:9233;11,17,18, 22 236:10 238:2 248:18 257:14 258:18 269:25 270:1297:19 O'Connor's 228:5 O'hare 290:25 293:16 oath 167:8 object 162:15 163:3 164:13 194:24 197:5,11 198:13 204:6 219:20 221:21254:17 2552 284:22 286:13 292:7 objection 162:13,14 163:5 164:14,15 165:18 168:9 171:4 176:1 177:6 178:10 179:8 188:6 192:25 196:17 202:12 204:25 205:1,2,14 20625 207:20,21, 22,23 208:15 213:10 223:7,10 235:7,10, 11,18,19,25 245:2,3 250:5 253:11 262:16 264:6 266:22,24 270:10 271:24 27625 277:2,4 282:9 283:10 285:9 objectionable 261:17 objections 218:24 277:7,9 obligated 276:8 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 index: midnight - opening obligation 209:8 270:15 obligations 209:7 218:10 276:9 obtain 264:24 obtained 267:25 occupied 188:18 occupies 188:20 occupying 175:10 occur 223:2 230:16 244:10 occurred 205:20 206:1245:18 October 295:9,15 296:11297:16 299:6 offensive 264:4 offer 218:13 242:9 246:6,9,12,14 270:24 274:1,2,11 offered 198:3 270:23 272:21 274:25 offers 219;15 office 186:4193:10, 13,24 198:9 200:19 202:9,21 204:3 206:1239:16,19 258:3,4 259:19 278:10 282:21,24,25 283:4,8 287:17,20, 22 officers 171:2 282:1,3 officership 182:14 offices 193:6 203:21 291:22 One-COPY 257:3 open 171:10251:3 259:5,8,11,16 266:20 271:6,12,23 272:7,21 opened 202:21 204:3 251:5 283:4 opening 250:12 258:19 282:24 operates 289:3 opinion 230:6 232:1,3,4,10 267:2 opposed 210:2 opposing 173:11 220:5 277:11 orally 214:13 order 169:5175:14 263:13,16 269:5 ordering 299:19 organization 216:12 organizational 217:22 originally 278:6 out- of-state 284:20 out-of-state - lawyer 284:6 overbilling 253:3 owned 174:25182:9 ownership 176:24 182:20 owns 176:21,22,25 177:5 196:23 P p.m. 160:3245:11, 13,14 298:22,24 299:22 PA 287:4,13 288:23 289:8 292:3 Palm 182:17187:24 224:16,19 225:1 253:15 paragraph 166:25 167:19,24 278:19,20 279:1,9,24 281:21 284:6 286:17 290:18 291:4,5,8,10, 16,21292:9,23 paragraphs 292:25 paralegal 206:20 Pardon 190:2 196:10 208:25 210:14 239:17 284:23 289:21 292:14 part 161:23 164;20 172:3 200:6 214:3 215:14 221:12 246;5 275:22 283:19 participate 204:23 240:22 parties 210:4,6 276:24 partner 179:4 195:16 241:23 party 171:25 277:11,13 282:25 passed 239:23 past 201:20 pay 168:25169:5 183:24 184:1 196:4 208:23 209:5,8 270:23 paying 175:3 payment 219:4 payments 196:14 219:5 pays 183:22 PC 279:3280:5,12 281:22 283:16 292:4 pending 194:19 246:25 291:2 Pennsylvania 203:1 235:4 278:9, 11 279:7 280:9, 281:19,24 282:8 283:9,19,23 284:1,4, 7,12,19,21285;24 286:3,9,11,18,24 287:2,3,8,10 288:19 289:13 290:20 291:23,25 292:5 people 161:25 170:22 173:12 179:7 216:15 237:2, 12,22 242:6 246:21 249:5,6,10,22,25 252:13,14 256:17 262:14,20 263:10,25 264:8,9 267:14,25 268:5 269:23 271:5, 17 272:3 273:21,22 297:8,25 people's 262:25 period 168:17 169:14,213:24 215:13 295:12 permanent 276:3 permission 213:22 222:19,24 223:15 240:21,24 260:15 290:9 permitted 277:12, 24 person 183:5186:2, 6 274:21,25 personal 198:4 personally 168:5 172:13,15,23 258:10 Peter 217:15 phantom 201:19,21 Philadelphia 279:6 280:9,19 281:4,19, 24 282:8 291:23 292:6 phone 167:12196:3 203:1,2,6,7 222:6 283:8 phonetic 217:15,16 238:12 279:11 physical 175:10 pick 261:14 piece 227:21233:24 234:2 246:17,18,19, 20 PIS 230:20 Pittsburgh 289:19 place 219:2237:11 26421 plain 244:2 plaintiff 163:11 168:2,4 169:15,18, 25 170:2,9 171:8,22 172:14 185:16 186:12 212:1,4,9 228:17,19,23 plaintiff's 168:1 plan 295:12 planes 182:4,6,9,12, 15,19,23,24 183:1,7 254:3,6,19 plans 295:9 platforms 239:15, 18 playing 207:13 pleading 233:23 pleasure 294:5 297:3 plenty 234:8 pm 298:25 point 171:23 205:4 218:17 245:4 254:10,11257:18 263:6 266:25 279:10 290:14 pointing 251:3 points 230:18 police 297:24 policies 219:15 portion 194:22 299:18 pose 279:17 position 162:21 204:3,21244:22 256:1 261:18 Post 224:17,20 225:1 practice 202:10 204:22 221:14 244:12 289:9 practiced 281:17 283:22 284:13 286:20 287:3 practices 244:11 287:9 practicing 214:21 283:19 284:20 286:8,24 292:3 precedent 247:3,5 prejudice 276:6 preparation 161:18 296:14 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: operates- proper prepare 214:16 222:7,14 prepared 162:5 169:21214:23 227:8 283:15 285:13 present 198:8,12 president 170:23 181:19 187:18,21 190:20 281:24 presideni /director 217:18 pretty 192:18 227:15 293:5 previously 201:4 principal 181:1 279:4 280:6 printout 176:11 193:15 prior 167:20 225:24 226:4 282:5,15 private 229:23 230:2,5,9,12 244:5 privilege 197:13 privileged 223:25 224:6 prize 277:5 pro 290:21,24 problem 217:20 234:21294:23 proceeding 221:19 PROCEEDINGS 160:1 process 274:8 produce 274:24 275:3 professional 290:20 profit 209:19 279:3 280:6 program 258:13 project 274:4 promote 168:1 proper 217:21 properly 218:9 properties 236:11 237.23 289:12 property 176:21,22 177:5 287:15 289:19,20,22 proposal 245:19 248:1,3.10,11,12,16, 17 proposals 248:20 propose 245:21 proposed 245:22 propounding 175:19 prosecuted 163:2 protect 266:17 protected 266:17 protects 266:8 267:3,9,10,11,13 provide 198:3 provided 208:7 286:2 PRR 218:9 psychiatrist 255:5 public 160:10 162:1,2 163:1 167:23 168:15 172:22 174:12 175:19 179:21,23 185:5,9,19,23 186:9, 12,20,21,22 187:2,5, 24 198:4 204:23 206:7,23 208:19 211:25 212:9,14 213:6,17 218:11 268:12,21,23 269:1, 6 publicly 240:4 pull 182:14 purpose 160:21 161:23 162:10 185:1 189:2 242:15 248:24 255:16 258:19 262:14 purposes 162:23 185:5 194:13 227:2, 3 228:2 242:14 24823 262:19 pursuant 219:15 pursue 275:25 276:8 pursued 221:15 put 168:20202:8 204:2, 235:21 236:24 244:4 -11 249:15 260:12,14 261:19 262:4,22 263:20 264:3,12 265:4 267:5,8 269:1 271:20 292:24 293:22 299:17 putting 261:9 270:16,20 Ut quarter 274:3 275:1 question 165:3,11 174:24 175:2 176:23 179:16 181:12 186:8 194:19 197:13,24 199:8 212:7 219:21 220:16,223:18 236:2,6 238:1 255:7,12 261:7 267:20 272:16,17,18 277:19 287:5 294:10 297:12 questioning 298:13 questions 168:10 182:16 184:6 196:25 197:15,21 202:18 204:7,19 205:6 207:14 218:3 219:18 227:14 244:19 255:10 264 :23 276:21,23 277:18 279:13,16,18 290:11,16 quicksand 200:20 quote 233:23 quotes 167:17 228:2,8 quoting 232:7 !'t rafting 296:18 raised 249:14 250:10,25 ramifications 244:10 ran 239:15,18 Randolph 220:2, 20,21,23 222:18,22 223:4,13,16,22 224:3,8,17 225:11, 14 226:11227:16, 18,23 228:10 229:16,19 230:8 233:23 234:9,11 236:10,16 237:7 238:2,4,24 240:15 242:16 247:7 248:18 249:4 255:19 256;11 258:18 259:19 270:1 Randolph's 228:5 reached 292:1 read 194:19,21,22 224:2 225:22,24 226:4 227:9,10,11, 15,17,18,19,20 231:9,10,11232:21 233:1,5 255:12 256:13 278:18 280:3 291:6, 292:9, 20 299:18,21 reading 223:8 258:15 real 273:7,12,13 288:11 realize 235:21 realized 285:13 reason 165:12 166:11227:3 233:13 248:24 250:3 reasonable 253:1 reasons 162:22 270:17,22 recall 170:25 171:5 174:15,19 200:14 226:23 230:5 232:14 243:17 253:19 254:20,21 261:11 275:5 281:20 282:23 283:2,6,13,17,21,24 284:2 receipt 219:10 received 203:8 218:24 222:20,24 285:4 recess 245:13 298:24 recited 284:6 recognize 246:20, 22 257:16 280:19 recognizes 194:16 recollection 201:11 227:16 230:17 251:1 record 160:4 163:1 194:22 199:6 219:20 220:14 241:7 245:12,15 246:4 268:12,21,23 277:4 293:22 29823 299:1,15,16, 17 records 160:10 162:1,2 167:23 168:15 172:22 174:12 175:19 178:13,14 179:21,23 185:5,9,19,23 186:9, 12,20,21,23 187:2, 25 192:8 198:4 199:14 200:3 203:6 204:23 206:7,23 211:25 212:9,14 213:6,17 218:11 247:22 269:1,6 286:7,10,12 Records.com. 187:5 recounted 248:17 rectify 225:21 226:25 227:4 Red 273:3 refer 170:10171:9 25220 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: properly- remember reference 230:21 260:24 261:15,16 referenced 218:8 referred 252:21 referring 216:18 256:10 263:9,10 reflect 284:12 286:7,18 reflected 287:2 reflecting 292:5 refresh 201:11 refuse 214:18 279:14 refused 215:19 230:16 regard 173:4 184:12 187:1 203:24 235:14 244:11264:21,25 279:23 280:18 288:4 299:7 registered 175:25 176:14 187:15 190:19 193:13,24,25 259:1260:10,13,20 261:1, 278:10 286:23 registration 203:13 regret 218:8 reinstatement 176:12 reiterate 219:14 related 181:4,6 relating 167:22 223:24 224:4 relief 276:1,3 relies 256:17 remain 217:19 remarkably 256:15 remember 164:20 165:3 166:21 170:12 201;9 220:24 225:3,17 230:20 231:22 236:14,15 238:13 250:24 251:1 253:17,23,25 254:10,12 remorse 243:18 removed 260:20 remuneration 212:1,3,6 241:16 rent 175:3 rental 288:11 repaid 209:16 repay 210:23 211:10 repeatedly 240:4 rephrasing 196:12 replacements 217:14 report 233:15 reporter 194:23 representation 291:24 represented 211:22 295:2,3 representing 228:2,8 reputation 263:16 request 206:7 211:25 212:9 269:3, 5 274:24 requests 162:1,2 163:1 168:15 172:22 174:12 175:20 179:21,23 185:6,9 186:10 198:5 212:14 213:6, 17 297:7 required 170:8 240:13 275:20 reside 203:10 281:7 resided 290:14 residence 288:18 289:8,10 residential 289:12, 20,22 residents 264:5 resides 203:18 280:23,25 281:5 288:20 resign 215:25 217:13 resignation 200:7 215:16,18 resigned 166:12 200:5 214:1,4 215:12 resigning 165:13 resigns 164:24 resolve 278:16 resolved 242:23 249:2 294:23 resolving 246:2 respect 292:25 respond 218:9 238:2 256:20 270:15 294:6,8,11 responded 219:13 224:17,18,21229:19 responding 229:8 response 237:24 279:16 responsible 244:25 245:1 rest 173:17 295 :8 retaliating 255:16 retract 164:11 166:5 167:6 returning 167:11 returns 189:10 reveal 220:7 review 160:16,19 246:21 rid 243:14 245:22 246:3,24 247:1,17, 19,22 ridiculous 204:19 273:10 rights 276:7 Ring 162:9170:16 174:21 179:5 197:8 200:17 213:1216:8 217:2,13 220:1,3,9, 11,19,21222:3,14, 17,25 223:15 240:25 241:1,13,21,25 242:3,22 245:18 258:21259:2,13,15 260:9,20,25 261:1,9 265:18 Ring's 162:23 260:12 rip -off 267:7 ripped 252:17 ripping 253:10 risk 256:19 River 296:18 road 289:25 Roanoke 191:21 rocket 236:16 room 169:6223:20 row 173:9199:10 Rubicon 225:20 226:2,16,22,23 ruin 271:20 run 179:7 233:15 270:18 running 182:25 rush 204:1 Russell 174:22 178:20,21 179:4 217:19 Ryan 174:10195:6, 20 S salaries 196:4 salary 183:22,24 184:2 sanction 243:11,13 sanctions 243:20 245:8 260:19 Sasser 291:2,11 sat 256:23 Saturday 297:18 save 175:15 199:11 239:14 schedule 293:21 294 :13 295:8 scheme 164:8 secretary 164:22 169:6 172:21 17818,19,21 179:3 181:19 183:20 200:8 206:20 213:13 215:14 254:7 259:23 260:2 283:25 seek 276:2 send 164:19201:3 213:2 217:21223:6 231:12 268:3,4 275:3 September 294:1 295:9 serve 184:4 235:22 served 235:24 260:23 serving 220:11 set 180:9 270:20 settle 218:13,19 227:5 246:1,14,15 247:20 248:2,11,20 settled 165:15 208:18 settlement 217:5 219:1,8,15 223:19, 23 224:4,11,23 227:2,3 239:6 240:9,10,12 242:9, 12,14,20 243:3 245:19 246:6,9 247:10 248:7,9,16, 17,19,23 255:25 256.2,4,8 settles 208:10,14 Seventh 161:2 shame 228:14,15 264:9 share 255:23 shared 224:11 256:12 sheet 193:24 Sheila 176:15 shit 233:24 234:3 246:18,19,20 276:16 291:7 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: remorse -smart shitty 291:8 shock 249:7 shocked 249:5,6,8 short 296:10 show 174:14176:5, 10 177:19 185:18 193:12 198:20 201:15 202:19 214:23 237:3 279:15 $bowed 222:16 233:15 269:22 283:7 showing 190:10 193:14 216:19 sic 273:3 Sid 221:25 side 246:7,10248:20 256:7 sign 264:12267:5,8 288:5 signed 225:11 243:17 signs 231:22,23,25 silly 298:8,10 Sliver 273:3 similar 256:15 simply 256:10 sir 175:6,11,25 176:20 190:11 199:16 205:20 206:12 237:19 290:8 sit 233:7 250:15 silting 230:25 Skip 220:21,23 222:5 227:15,18,20 228:16 236:15 238:24 240:15 243:21,22 257:18 skull 217:11 sleeps 290:2,4,17 slept 290:14 slew 229:23 230:2 smart 189:5 smiles 262:25 Smith 162:15 163:3 164:13 172:12,16 173:5,10,21 197:5 201:15 204:16 205:1,14,21206:25 207:21 219:20 223:7,11231:1 235:10 236:2,4 245:2 257:20 266:23 280:1 284:22,25 286:13 292:7 293:24 294:9 298:4,7 sober 236:12, 237:24 249:14,15,24 250:10,12 251:3,6 258:12,19,22 259:5, 9,16,22 261:15,17 262:4 263:20,23 264:20,21265:1 270:17,20 271:6,12, 20,23 272:7,10,22 social 162:22 sole 160:21 162:10 189:2 207:17,25 solicited 168:5,13 204:22 solution 201:3 son 162:11 163:2 164:7 173:19 174:10 192:19 198:3,17 202:8,20 203:10 204:2,21 216:2,9 228:16,23 235:3,15,16,21 238:25 244:9,21 265:16 278:5,23 279:17,18 281:12, 16,21282:6,14,18 283:12,14,18,23 284:18 285:22,23 286:22 287:1,8,19, 22,25 288:1,16 289:6 290:8,12,13, 17 291:10 son's 160:22165:14 173:19 192:20 193:10 212:20 219:24 251:4 278:6 sophisticated 211:2 sort 242:11243:25 247:13 sought 168:2 space 175:10193:3, 6,10 288:4 speak 222:19,23 223:15 273:24 278:23 specific 209:17 245:9 specifically 170:8 209:15 279:17 specifics 174:8 254:12 speculate 266:25 speech 256:21 speeches 277:1 speed 292:22 spend 167:13 295:7 296:9 spending 294:2 spoke 220:3,19 242:6 264:17 spoken 289:2 spread 268:4 stand 259:12 standing 189:7 start 237:20293:4 started 242:25 247:12,13 starting 264:9 state 171:18 176:10 192:8 195:15 202:11 208:19 226:3 244:11 259:23 270:19 272:20 278:10 279:2 280:4,11 281:25 284:14,20 286:9,20 290:6,22 292:1,5 295:10,13 stated 209:11 240:4, 7 254:4 258:14,16 259:8 271:5 293:12 statement 160:17 162:4 167:6 193:12, 23 205:21206:18,19 225:24 229:25 253:9 256:11 259:18 280:13,16 statements 256:16 276:20 277:10-70 states 166:7 298J stationary 283:14 statute 212:2 stay 223:19 288:14 293:19 stayed 168:17,21 staying 174:17,18 steal 166:16,20,22 stick 237:17 stole 164:4 166:14, 18 stop 184:17 187:23 188:4 207:13 251:3 Stream 172:17 176:16 213:7,8,17, 21 236:11 237:3,24 257il0,12,25 258:12,19 263:21 264:5,8,13,22 265:2 270:17,20,21 271:5 284:10 290:25 294:3 Street 278:11 279:6 280:8,19 281:18„23 282:7 283:16 287:4, 13 291:22 292:3 strike 240:20 267:17 282:15 285:22 struggling 270:24 274:13,14 Stubbs 220:23 221:25 stuck 200:19 stuff 164:23 165:24 178:15 204:18 215:15 stupid 244:2 subject 200:17 238:18 249:21 subpoenaed 269:19 subsidiary 181:6 substance 220:8 261:4 sudden 237:15 sue 173:13 sued 172:17,19 232:17 269:16 sues 173:11,12 Suggest 256:19 267:21 suggested 229:23 230:1 suit 161:11 199:3 suits 246:4,25 247:22 sum 219:7270:23 274:2 Sunday 297:19,20 Sunshine 167:23 supposed 195:15,16 210:25 211:1238:7, 8,9,23 274:25 Supreme 284:12 286:6,11,18,23 287:2,9 291:25 surgery 236:21 surprised 173:22 surrounding 270:21 suspend 293:13,20, 21294:4 298:12,13, 16 299:3 Sweet 259:22 261:14 263:23 266:21272:10 Sweetapple 160:5 161:15,16 162:17 163:6,12,16 164:17 165:20 168:11 171:6 172:1,9,14,19 173:7,23 174:1 175:23 176:2,9 177:7 178:12 179:9 180:7,10,14,18,21 184:16 185:22 187:11 188:8 189:21 190:17 193:1 194:7,11,15, Debra Duran 8, Associates Phone 561.313.8000 Fax 561.835,8586 Index: smiles - talking 21 195:1 196:18 197:7,20 198:16 199:3,7,12 201:17, 21202:1,3,15 204:10,20 205:5,8, 15,24 207:2 208:3, 16 212:13,17 213:12 216:17 217:1 219:22 220:10 221:22 223:9, 225:12 228:4,9 231:2,12 232:11,16 233:2,10 235:8,13, 20 236:9 240:3 241:12 244:7,17,20 245:6,16 250:11 251:12 253:13 254:18 255:6,24 256:13,23 257:5,8, 15,19,23 261:8 262:18 264:11,20 267:1,5,6 270:2,11 271:10 272:6,17,19 273:14 275:18 276:5,12,19,22 277:8,16,19,24 278:3 280:2 283:11 285:3,10 286:11,15 292:8 293:2,10,12 294:7,12,15 297:13, 23 298:5,10,18 299:2,10,12,17 swore 291:20 sworn 162:20163:7 172:25 290:23 291:10 T table 180:6 225:7 taking 219:1 261:18,14 293:14 299:8 talk 242:12,17,18,19 243:15 251:7 254:5 257:1275:14 talked 243:5,25 245:24,25 246:2,23, 248:24 249:2,4 250:23 276:19 talking 179:11,13 199:1,3,5 201:20 202:24 204:9 206:13,18,19 212:3 213:24 216:1,8 237:11,21238:18 241:8 246:4 247:6, 12 249:21277:15 targets 230:10,11, 13 tax 189:10 210:24 Taylor 162:13 163:4,11 164:8,15 165:14,19 205:2 207:22 218:1 219:12,13 235:18 255:2 256:20 293:22 telephone 218:6,22, 25 274:21284:10 286:3,4 telephonically 198:8 telling 167:8172:5 197:15 234:9,12 247:14 267:2 285:22 297:2,14 temporary 201:3 tenant 174:25 181:10 terminate 250:2 terms 170:13 209:7 218:23 298:10 terrible 203:5 231:18 testimony 163:7 172:25 214:24 218:2 248:18 262:17 295:21 297:16 thing 203:5 239:21 242:13 243:4,14 things 173:12 201:10 243:16 263:3,24 267:11 293:1298;19 thinking 250:12,14 Thirdly 250:8 thought 226:11 227:14 249:11 252:10 255:4 261:17,19,24 262:8, 9,24,25 263:1,23,24 264:1265:25 274:12 Thrasher 231:9 238:7,8,16,23 239:9, 22 240:1,5,9,11,13 269:2 271:8 291:1 Thrasher's 295:1 threat 167:15 250:20 259:12,14 threaten 259:7 threatened 223:24 259:5 threatening 250:16 251:2 threats 224:24 Thresher 269:22 threw 225:7 Thursday 294:22 time 160:3167:13 168:18 169:11 174:6,16 175:15 183:6 197:14 199:11207:12 215:5,10,13 220;12 222:7 233:18 234:8 239:21,22 241:2, 245:11,14 250:22 276:24 285:12 293:10 294;2,18 295:7,12 296:9 297:23 298:5,13,22, 25 299:4,14 times 166:3173:16 199:10 217:9 267:21 tin 273:1,2,16 title 17720,22,23 178:4 today 194:2215:7 219 :14 today's 293:25 told 165:22 178:24, 25 179:2 182:10 183:5 184:10 193:9 197:14 200;5 214:12 222:3,5 231:6 233:8 238:4, 22 244:23 248:13 251:23 268:6 275:7, 13 288:15 295:3 Tom 238:11,24 240:16 tomorrow 295:14 ton 270:25 lop 264:10 topic 237:18 touched 234:16,25 235:1 town 172:17 213:7, 17 231:21,24 232:2, 4 236:24 237:3 239:14 240:8 250:17 251:3,8 252:14,20 257:24 261:16,18,24 262:2, 21 267:24,25 268:3, 9,23 269:16 271:20 272:4 290:25 294:2, 21,24 townhouse 281:4 track 294:18 train 263:1 transcript 228:3 231:10,11 transparency 168:2 treasurer 187:19, 21 190:20 treated 235:15,16 troublemaker 221:2 true 164:16 211:21 272:22,24 277:10,20 278:21,24 279:9,24 280:13,15 291:12 293:1 trust 288:2 trusted 217:16 truth 172:6234:9 turn 236:12237:23 273:2,16 two -end -a -half 255:21 two- and -half 255:20 Tyne 279:11 type 204:18231:22, 23,24 7 Uh -huh 247:8 unable 247:2,4 unauthorized 204:22 221:14 unaware 217:23 219:1284:17 285:1 understand 173:3, 11 200:23 211:12 212:8 215:1219:7 248:15 270:7 276:4 282x8 understanding 169:16,21 170:1 212:12 219:10 understands 212:13 understood 218:16, 18 unencrypt 215:22 unequivocal 218:23 Unethical 267:5 unique 167:25 unknown 270:22 unpleasantness 166:6 unproductive 221:9 untenable 235:22 untrue 233:4 291:15 unwilling 247:4 upset 267:25 268:2 urgency 293:18 utilize 266:15 VA vacations 297:7 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: targets -- website valor 221:12 Vargas 267:7 verbal 269:4 verbatim 167:16 verified 290:24 291:11 versus 161:1,8 vice 290:22,24 vicinity 259:15 288:18 290:9,15 victory 239:22 vindictiveness 235:24 violation 264:2 violations 167:22 171:10 violent 234:14,24 Virginia 191:21 289:14,15,24 290:1 295:20,24 296:5,12 visit 166:6 Volume 299:24 voluntarily 270:16 voter 203:13 F.9 wail 242:16 255:24 299:5 walk 270:7 walked 243:1 wanted 166:14 188:5 201:24 221:25 238:11,16 247:17 248:6 252:23 254:8 263:17,22 264:12 265:24 266:2 268:7 274:17 watch 202:6 watching 253:23 254:9,23 water 270:21 website 187:3 Wednesday 294:19,20 week 206:7,24 215:8 294:19,24 296:10,13,24 weekend 296:16,20 weeks 169:9,14,24 207:5 293:24 294:17 295:4,5,6 297:7 west 176:13,17,25 181:14 188:18 192:20 193:5,15,17 196:23 289:14,15,24 290:1295:20,24 296:5,12 whatsoever 163:19 202:14 whitewater 296:18 whoa 236:19 whorehouse 264:14,16 266:21 wife 175:25187:15 190:19 204:14 229:17,21 230:1 265:14 288:5 296:8 William 174:21 259!2291:1 windfall 164:8 218:21 withdrawal 276:7 withdrawn 248:6 275:17 276:6,11 withdrew 243:21 276:13 Witmer 174:10 195:6 203:23 witnesses 173:1,17 word 232:9 236:15 250:10 words 229:1271:22 work 162:21168:6, 14 192:13 195:20,21 216:9 288:22 295:5 worked 288:15 working 169:2,11 173:9 201:22 203:20 215:2,8 works 168:25 169:3,4 world 244:25 289:11 worry 217:6 Worthline 238:11 write 199:25 200:16 234:12 271:2 273:17,19 275:6 write -off 210:24 writing 174:11 205:10,17 206:9,12, 21 214:13,14215:9 223:5,14 269:2,7 270:15 writings 273:22 written 209:24 240;12270:3288;1, 3 wrong 236:17,19 wrote 198:17 199:13 200:18 201:6 214:25 215:6 217:25 234:11 252:5 269:2 275:9, 10, 279:11 285:18 Y y -n -n 191:19 year 164:3181:23 195:19 213:25 290:15 296:12 years 179:6 188:12, 14,16 190:15,18 206:20 277:14 yesterday 215:7 218:25 York 195:15 young 189:3 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: Wednesday —young Filing # 20183987 Electronically Filed 11/04/2014 03:05:05 PM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA MARTIN E. O'BOYLE, CASE NO.: 502014CA004474XX CAB DIVISION: AA Plaintiff, V. TOWN OF GULF STREAM, Defendant. NOTICE OF HEARING (Uniform Motion Calendar) PLEASE TAKE NOTICE that the undersigned shall call up for hearing before the Honorable Peter D. Blanc, Chief Judge of the above -styled Court, in Chambers at the Palm Beach County Courthouse, Courtroom 11A, 205 N. Dixie Highway, West Palm Beach, Florida on Tuesday, November 18, 2014 at 8:45 a.m., or as soon thereafter as may be heard, the following: DEFENDANT'S MOTION FOR SCHEDULING CONFERENCE PLEASE BE GOVERNED ACCORDINGLY. A bona fide effort has, or will be made prior to hearing to resolve or to narrow the issues in question. lfyou are a person ivith a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance Please contact the Americans with Disabilities Act Coordinator, 205N. Dixie Highway, West Pahn Beach, Florida 33401 (561- 3554380) at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if do tine before the scheduled appearance is less than 7 days, ifyou are hearing or voice impaired, call 711. Respectfully submitted, SWEETAPPLE, BROEKER & VARKAS, PL Co- Counsel for Defendants 20 S.E. 3'a Street Boca Raton, Florida 33432 Telephone: (561) 392 -1230 E- Mail :pleadings @sweetapplelaw.com By: /s/ Robert A. Sweetanale ROBERT A. SWEETAPPLE Florida Bar No. 0296988 LAW OFFICES OF SWEETAPPLE, BROEKER & VARKAs, P.L. 20 S.E. 3°a STREET, BOCA aATON, FLORIDA 33432 -3911 Martin E. O'Boyle v. Town of Gulfstream CASE NO. 502014CA004474XXXXMBAG (PALM BEACH COUNTY) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served via the E- Filing Portal this 4'h day of November, 2014 to: Mitchell W. Berger, Esquire and Steven B. Weber, Esquire, Berger Singerman, LLP, 350 E, Las Olas Blvd, Suite 1000, Ft. Lauderdale, Floriida 33301 (Telephone: 954 -525 -9900; Email: drt@bergersingerman.com; mberger @bergersingerman.com; sweber@bergersingerman.com; mvega @bergersignerman.com); D. Culver Smith, III, Esquire, Culver Smith, P.A., 500 South Australian Avenue, Suite 600, West Palm Beach, Florida 33401 (Telephone: 561 -598 -6800; E- mail:csmith @culversmithlaw.com); Daniel DeSouza, Esquire, DeSouza Law, P.A., 1515 University Drive, Suite 209, Coral Springs, Florida 33071 (Telephone: 954 -551 -5320; E- Mai1:DDesouza @desouzalaw.com); Nick Taylor, Esquire and Verhonda K. Williams, Esquire, The O'Boyle Law Firm, P.C., 1286 West Newport Center Drive, Deerfield Beach, Florida 33442 (Telephone: 954 -574 -6885; E -mail: oboylecourtdocs @oboylelawfirm.com; ntaylor@ oboylelawfum. com ;vwilliams @oboylelawfum.com); William Ring, Esquire, Commerce Group, Inc., 1286 W. Newport Center Drive, Deerfield Beach, Florida 33442 (Telephone: 954 -574 -6885; Email: wring @commerce - group.com); Joanne O'Connor, Esquire, John C. Randolph, Esquire and Ashlee A. Richman, Esquire, Jones, Foster, Johnston & Stubbs, P.A., 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33402 (Telephone: 561- 659 -3000; Email:joconnor @jonesfoster.com; jandolph@jonesfoster.com; arichman@jonesfoster.com). By: /s/ Robert A. Sweetaoole ROBERT A. S WEETAPPLE Florida Bar No. 0296988 2 LAW OFFICES OF SWEETAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 3R° STREET, BOLA BATON, FLORIDA 33432 -3911 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail January 11, 2015 James Baker [mail to: jamesbakerrecordmaker @gmail.com] Re: GS #1692 (Sweetapple, Blanc correspomdence) Sweetapple correspondence to Judge Blanc as referenced in Jones +Foster billinglnvoice number 176562 in entry dated 11- 04 -14. Dear James Baker [mail to: iamesbakerrecordmaker na,wnail.com], The Town of Gulf Stream has received your public records requests dated January 3, 2015. If your request was received in writing, then the requests can be found at the following link htto: / /www2 .gulf- stream.org/WebLink8 /0 /doe /33048 /Pagel.asux. If your request was verbal, then the description of your public records request is set forth in the italics above. Please refer to the referenced number above with any future correspondence. You will find all responsive documents at the same link. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records