HomeMy Public PortalAboutPRR 15-1770RECORDS REQUEST (the "Request ")
Date of Request: 1/28/2015
Requestor's Request ID #: 1024
REQUESTEE: Custodian of Records Town of Gulf Stream
REQUESTOR:
Our Public Records, LLC
REQUESTOR'S CONTACT INFORMATION: E -Mail: records @commerce- group.com
Fax: 954- 360 -0807; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442
REQUEST:
Provide a copy of the letter and the affidavit which were received by
Nicolletti as referred to in the 2nd entry on page 2, dated 11/28/2014 on
Invoice No. 10003, dated December 9, 2014, as marked with an "E ".
ADDITIONAL INFORMATION REGARDING REQUEST:
Attached is page 2 of Invoice No. 10003, dated December 9, 2014.
THIS REQUEST IS MADE PURSUANT TO ARTICLE L SECTION 24 OF THE FLORIDA CONSTITUTION AND CHAPTER 119,
FLORIDA STATUTES
IF THE PUBLIC RECORDS BEING SOUGHT ARE MAINTAINED BY YOUR AGENCY IN AN ELECTRONIC FORMAT PLEASE
PRODUCE THE RECORDS IN THE ORIGINAL ELECrRONIC FORMAT IN WHICH THEY WERE CREATED OR RECEIVED.
SEE ff119.01(2)(FI. FLORIDA STATUTES. IF NOT AVAILABLE IN ELECTRONIC FORM IT IS REQUESTED THAT THIS
RECORDS REQUEST BE FULFILLED ON 11 X 17 PAPER NOTE: IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES
SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4) (a) (2)
ALSO PLEASE. TAKE NOTE OF 4119.070)(11) OF THE FLORIDA STATUTES, WHICH PROVIDES TI IAT "IF A CIVIL ACTION
IS INSTITUTED WITHIN TILE 30 -DAY PERIOD TO ENFORCE TILE PROVISIONS OF THIS SECTION WITH RESPECT TO
THE REQUESTED RECORD, THE CUSTODIAN OF PUBLIC RECORDS MAY NOT DISPOSE OF THE RECORD EXCEPT BY
ORDER OF A COURT OF COM PETENT.WRI.SDICTION AFTER NOTICE TO ALL AFFECTED PARTIES."
ALL ELECTRONIC COPIES ARE REQUESTED TO BE SENT BY E -MAIL DELIVERY,
PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS REQUEST IN ADVANCE.
It will be required that the Requestor approve orany costs, asserted by the Agency (as deaned In Florida Statute, Chapter 119.01
(Definitions)), In advance of any costs Imposed to the Requestor by the Agency.
"BY FULFILLING THIS RECORDS REQUEST, THE AGENCY ACKNOWLEDGES THAT THE RESPONSIVE DOCUMENTS
ARE "PUBLIC RECORDS" AS DEFINED IN CHAPTER 119, FLORIDA STATUTES ".
I(P/NP/FLRR
1.12.2015
1 1/2 812 0 14 � Receive and review letter; Revise O'Hare second
B.S. 80 S280.00
request to produce; Initial review amended of
motion of O'I•larc.
I Ir0/2014
Confercncc with Scott; Outline all projects on all
B.S. 430 S1,470.00
pending Gulfstrcam adv. O'Hare and O'Boyle cases;
Prepare strategy regarding
Rccovc an review Ico Ietli
letter and afiidavit; Receive and review Bergees
motion; Work on -, (Date 11/38).
1211/2014
Meeting with client and paralegal regarding projects.
B.S. 30 5105.00
(O'Hare).
121112014
Meeting with client and A. Varkas regarding
B.S. .50 S 175.00
supplement and response; Conrerence regarding
-. (O'Boyle).
1211/2014
Meeting with A. Varkas regarding response to
B.S. .75 5262.50
suppl0lnent; Conference with Joanne regarding
stnnlcg}•
12/1/2014
Firm conference regarding O'Hare and O'Boyle
D.P.V. a0 S60.00
motions to disqualiry; R. Swcctapplc instructions
regarding
12/1/2014
Review O oy es supp emcnt to N at to
A.D.V. 4.00 S1,400.00
Disqunlify; Research issues
3) evtcw origins o4 on to
Isqua Ily nn tcsponse; Read and summarize case
law and treatise.
(2/3/2014
Receive and review O'Boyle resonse and letters;
B.S. .90 $315.00
Conference with A. Varltns regarding our response
to supplement.
13/2/3014
Index transcript /leasing (11/18/14) on schedule
A.D.V. 3.50 51,22i.00
conference; Dictate the response to supplement to
Motion to Disqualify Counsel.
13/3/2014
Droll response 10 supplement to Motion to
C.B. 1.00 $135.00
Disqualify dictated by A. Varkas. (O'Boyle).
I ?!3/3014 %'
Receive and review cmalls and conference regarding
B.S. .75 $262.50
Berger response and sanctions; Conference with D.
Vitale regarding
Lase an
13/3/3014
13/3/3014
Revi!
Medina wilt
A.D.V. .50 S175.00
D.S.
1214/3014
Revise draft o tcsponse to Supplement.
.30 5105.00
A.D.V. 1.50 5535.00
12/4/3014
Draft notice of filing per R. Swcclnpple; Compare
D.P.V.
deposition testlnhony for exhibit on the notice
.70 5140.00
regarding discrepancy; Conference with C. Bailey.
12/512014
Travel and attend meeting in all cases and work on
D.S. 6.50 $2,275.00
new plcndings; Meeting with Eric, Gerry, Scott and
Joanne at Garry's office; Meeting with client
regard
Redacted per Fla. Slat. 119.071(1)(d)
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
January 30, 2015
Our Public Records, LLC [mail to: records @commerce- group.com]
Re: GS #1770 (1024), #1776 (1031)
Provide a copy of the letter and the affidavit which were received by Nicolletti as referred to in
the 2nd entry on page 2, dated 11128114 on invoice no. 10003, dated December 9, 2014, as marked
with an "E ". Attached is page 2 of invoice no. 10003, dated December 9, 2014.
Provide a copy of the emails as referred to in the 1st entry on page 4, dated 1211112014 on invoice
no. 10003, dated December 9, 2014, as marked with an "L ". Attached is page 4 of invoice no.
10003, dated December 9, 2014.
Dear Our Public Records, LLC [mail to: records ,commerce- grouo.coml,
The Town of Gulf Stream has received your public records requests dated January 28, 2015. If
your request was received in writing, then the requests can be found at the following link:
httn: / /www2.gulf- stream. org/ WebLink8 /0 /doc /35599/Pagel.asnx and htty://www2.gulf-
stream. org/ WebLink8 /0 /doc/35611/Pagel.aWx. 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.
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 respond to you in a reasonable amount of time
with the appropriate response or an estimated cost to respond.
Sincerely,
Town Clerk, Custodian of the Records
Paul J. Nicoletti
Attorney at Law
1445 SE Lark Boulevard
Stuart, FL 34996 -2609
November 26, 2014
Robert A. Sweetapple, Esq.
Sweetapple, Broeker & Varkas, P.L.
20 SE 3 Street
Boca Raton, FL 33432 -3911
Re: O'Hare v. Town of Gulf Stream
Case No. 502013CA017717XXXMB(AA), 15a' Circuit
Dear Mr. Sweetapple:
Enclosed is my Affidavit regarding the above matter. To the extent possible, I would like to
avoid becoming a witness in this case, and I hope you are able to use my Affidavit in a manner
that preserves my desire. Thank you.
CHRISTOPHER F. O'HARE,
Plaintiff,
V.
TOWN OF GULF STREAM,
Defendant.
IN THE CIRCUIT COURT OF THE 15Tn
JUDICIAL CIRCUIT, IN AND FOR PALM
BEACH COUNTY, FLORIDA
CASE NO.: 502013CA0177173X)DCMB
DIVISION: AA
AFFIDAVIT OF PAUL J. NICOLETTI
BEFORE ME the undersigned authority personally appeared PAUL J. NICOLETTI, who
after being duly sworn, deposes and says that:
1. My name is PAUL J. NICOLETTI.
2. 1 am a member of The Florida Bar.
3. 1 am over eighteen (18) years of age.
4. I am a resident of Martin County, Florida.
5. 1 have personal knowledge of each and every assertion made in this affidavit.
6. I was the Town Attorney for the Town of Ocean Ridge, Florida, when a Settlement
Agreement of a Code Enforcement case was entered into between the Town of Ocean Ridge and
the O'Hares, and myself as Town Attorney, and Edward Jonas, counsel for the O'Hares.
7. To my knowledge and belief, the O'Hares were (or at least Mr. O'Hare was) present
and represented at that meeting by a tall slim man who I believe was Edward Jonas.
8. To my knowledge and belief I have never met attorney Robert A. Sweetapple.
9. I have no recollection of any attorney being at the subject meeting, on behalf of the
O'Hares, other than the lawyer identified as Mr. Jonas, who attended the settlement meeting and
Christopher O'Hare v. Town of Gulf Stream
Case No.:502013CA0I7717XXXXMBAA
signed the agreement.
10.I see from the documents provided by Mr. Sweetapple that I had one telephone
conversation with Mr. Sweetapple during the time the Settlement Agreement was being
negotiated. However, I have no recollection of that call either. In fact, I have no recollection of
ever meeting, seeing, or speaking to Mr. Sweetapple prior to his request for this Affidavit.
FURTHER AFFIANT SAYETH NAUGHT.
PAU . ICOLETTI
SWORN TO AND SUBSCRIBED before me this a4p day of November, 2014.
✓_ Personally known
_ Produced Identification
Identification produced:
My Commissions Expires:
ej
NOTARY PUBLIC
Printed Name of Notary
ALICE LLYONS
* * MY COMMISSION i FF 033589
EXPIRES: July 21, 2017
� "FwnaP' Bar4eETAN eud9NNdary Senka
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
March 10, 2015
Our Public Records, LLC [mail to: records @commerce- group.com]
Re: GS #1770 (1024)
Provide a copy of the letter and the afftdavit which were received by Nicolletti as referred to in
the 2nd entry on page 2, dated 11128114 on invoice no. 10003, dated December 9, 2014, as marked
with an "E ". Attached is page 2 of invoice no. 10003, dated December 9, 2014.
Dear Our Public Records, LLC [mail to: recordsla,commerce- grou%coml,
The Town of Gulf Stream received your public records requests on January 28, 2015. You should
be able to view your original requests at the following link h": / /www2.sulf-
stream. org/ WebLink8 /0 /doc /35599/Pagel.aspx. If your request was verbal, then the description
of your public records request is set forth in the italics above. In future correspondence, please
refer to this public records request by the above referenced numbers.
You will find the responsive documents at the above same link.
We consider this matter closed.
Sincerely,
Town Clerk, Custodian of the Records