HomeMy Public PortalAboutPRR 15-1771RECORDS REQUEST (the "Request")
Date of Request: 1/28/2015
Requestor's Request ID#: 1025
REQUESTEE: Custodian of Records Town of Gulf Stream
REQUESTOR: Commerce Realty Group, Inc.
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 index transcript/leasing (11/18/2014) as referred to
in the 9th entry on page 2, dated 12/212014 on Invoice No. 10003, dated
December 9, 2014, as marked with an "F"
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
ELECTRONIC FORMAT
IN WHICH THEY WERE CREATED OR RECEIVED.
SEE
6119.01(2)(F). FLORIDA
STATUTES.
IF NOT AVAILABLE IN
ELECTRONIC FORM, IT IS REQUESTED THAT THIS
RECORDS
REQUEST
BE FULFILLED ON 1l 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 §119.07(11(H) OF THE FLORIDA STATUTES, WHICH PROVIDES THAT-IF A CIVIL ACTION
IS INSTITUTED WITHIN THE 30 -DAY PERIOD 1'0 ENFORCE THE 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 COMPF.TENT.IURISDICTION 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 Requester approve of any costs, asserted by the Agency (as defined in Florida Statute, Chapter 119.61
(Definitions)), In advance of any casts 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 ".
VP/NP/FLRR
1.12.2015
11/2812014 (j Receive and review letter, Revise O'Hare second
vv
B.S. .80 $250.00
request to produce; Initial review amended of
motion orOTlarc.
11/30/2014
Conference with Scott; Outline all projects on all
B.S. 4.20 S1,470.00
Pending Gulfstrearn adv. O'Hare and O'Boyle cases;
Prepare strategy regarding
— Recctvc an rcvteiv Ico letti
letter and nfiidayft; Rcceivc and review Bergees
motion; Work on—. (Dale 11/28).
12/1/2014
Meeting with client and paralegal regarding projects.
B.S. .30 $105.00
(O'Hare).
12110-014
Meeting with client and A. Varkas regarding
B.S. 50 5175.00
supplement and response; Conference regarding
—• (O'Boyle).
12/112014
Meeting with A. Varkas regarding response to
B.S. .75 5262.50
supplement; Conrerence with Jeanne retarding
stralcey
1211/2014
Firm conference regarding O'Hare and O'Boyle
D.P.V. .30 $60.00
motions to disqualify; R. Sweetapple instructions
regardina
12 11 12014
Rai, O 1. to ottonto
A.D.V. 4.00 51,400.00
Disqualify; Research issues
3) evtcw ortgma ouon to
Own wan�cspronsa;
Read and summarize case
lacy and treatise.
12/3/2014
Receive and review O'Boyle resonsc and letters;
B.S. .90 $315.00
Conrerence with A. Varkas regarding our response
to supplement.
12/3/2014
Index transcripl /leasina(11 /18 /14)onschedule
A.D.V. 3.50 S1,22i.00
conference; Dictate the response to supplement to
Motion to Disqualify Counsel.
12/3/2014
Drill response to supplement to Motion 10
C.B. 1.00 $125.00
Disqualify dictated by A. Varkas. (O'Boyle).
12/3/2014 %'
Receive and review emails and conference regarding
B.S. .75 $262.50
Berger response and sanctions; Conference Willi D.
Vitale regardina
Case an
12/3/2014
12/3/3014
Rcvict
Mccling with
A.D.V. 50 S175.00
B.S.
1214/3014
12/4/2014
Revise draft o tesponse to Supplement,
DmR notice of filing per R. Sw(!ctnpplc; Compare
.30 5105.00
A.D.V. 1.50 5525.00
D.P.V.
deposition testimony for exhibit on the notice
.70 5140.00
regarding discrepancy; Conference Willi C. Bailey.
12/5/3014
Travel and attend meeting in all cases and work on
B.S. 650 $3,275.00
new pleadings; Meeting with Eric, Gerry, Scott and
Joanne at Gerry's office; Meeting with client
reaa�
Redacted per Fla. Stat. 119.071(1)(d)
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
February 1, 2015
Commerce Realty Group, Inc. [mail to: records @commerce - group.com]
Re: GS #1771 (1025), #1777 (1032)
Provide a copy of the index transcript/leasing (1111812014) as referred to in the 9th entry on page
2, dated 121212014 on invoice no. 10003, dated December 9, 2014, as marked with an 7 ".
Attached is page 2 of invoice no. 10003, dated December 9, 2014.
Provide a copy of all communications with the Dade County Attorney beginning January 1, 2014
through the date of this request, as referred to in the 16th entry on page 4, dated 1211612014 on
invoice no. 10003, dated December 9, 2014, as marked with an "M ". Attached is page 4 of invoice
no. 10003, dated December 9, 2014.
Dear Commerce Realty Group, Inc. [mail to: records(o,commerce- proup.comlI
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:
http: / /www2 .gulf- stream.org/WebLink8 /0 /doc /35601 /PageI.asox and htty://www2.gulf-
stream.org/WebLink8 /0 /doc /35613/Pa eg 1_aspx. 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
In The Matter Of:
MARTIN E. O'B0YLE v.
TOWN OF GULF STREAM
Hearing before the Honorable PETER BLANC
November 18, 2014
DEBRA DURAN
A S S O c I A T E S
Registered Professional Reporters
P.O. Box 2288
West Palm Beach, Florida 33402
561- 313 -8000
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IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CASE No.502014CA004474XXXXMB
MARTIN E. O'BOYLE,
Plaintiff,
-vs-
TOWN OF GULF STREAM,
Defendant.
HEARING BEFORE THE HONORABLE
PETER BLANC
Monday, November 18, 2014
8:55 a.m. - 9:12 a.m.
Palm Beach County Courthouse
West Palm Beach, Florida 33401
Reported By:
Debra Duran - Bornstein, RPR
Notary Public, State of Florida
Debra Duran & Associates
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APPEARANCES:
On behalf of the Plaintiff:
MITCHELL W. BERGER, ESQUIRE
STEVEN B. WEBER, ESQUIRE
BERGER SINGERMAN, LLP
350 East Las Olas Boulevard
Suite 1000
Fort Lauderdale, Florida 33301
NICK TAYLOR, ESQUIRE
THE O'BOYLE LAW FIRM P.C., INC.
1286 West Newport Center Drive
Deerfield Beach, Florida 33442
On behalf of Jonathan O'Boyle, William Ring
& The O'Boyle Law Firm
CULVER SMITH, III, ESQUIRE
CULVER SMITH III, P.A.
500 Australian Avenue South
Suite 600
West Palm Beach, Florida 33401
On behalf of the Defendant:
ROBERT A. SWEETAPPLE, ESQUIRE
SWEETAPPLE, BROEKER & VARKAS, PL
20 S.E. 3rd Street
Boca Raton, Florida 33432
JOANNE O'CONN0R, ESQUIRE
JONES, FOSTER, JOHNSTON & STUBBS
505 South Flagler Drive, Suite 1100
West Palm Beach, Florida 33401
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
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Page 3
Hearing before the Honorable PETER D. BLANC
taken before me, DEBRA DURAN- BORNSTEIN, Registered
Professional Reporter and Notary Public in and for the
State of Florida at Large, at the Palm Beach County
Courthouse in the above cause.
P R O C E E D I N G S
THE COURT: Defendant's motion for scheduling
conference. Good morning.
MR. SWEETAPPLE: Good morning, your Honor.
MR. BERGER: Good morning.
THE COURT: Everybody please come to the
lectern who wants to be heard on this.
MR. SWEETAPPLE: Your Honor, Robert Sweetapple
and Joanne O'Connor on behalf of the Town of Gulf
Stream.
THE COURT: Yes, sir. Good morning.
Your name, please.
MR. BERGER: My name is Mitchell Berger, and
my colleague, Steven Weber. We are substituting in
for the O'Boyle Law Firm on this matter.
THE COURT: And your associate is?
MR. BERGER: Steven Weber. He left his jacket
in the car, your Honor. We apologize.
THE COURT: Tell me, Mr. Berger, when you say
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you're substituting in, are you appearing as
attorney of record for the O'Boyle Law Firm?
MR. BERGER: No. Just for Martin O'Boyle.
The O'Boyle law firm is withdrawing. We're sending
an order around, hopefully agreed, they're
withdrawing and I'll be representing Mr. O'Boyle.
THE COURT: If you send me an agreed order by
rule, I'll need the signature of your client on
some type of document, stipulation or something;
otherwise, you need to set it for hearing and
notice Mr. O'Boyle.
While we're here, do either of you object to
this proposed substitution of counsel?
MR. SWEETAPPLE: No, your Honor.
THE COURT: You can send me that agreement.
MR. SWEETAPPLE: We welcome it.
THE COURT: Mr. Smith, you're a new face on
this.
MR. SMITH: Good morning, your Honor. It's
the first time I've actually stepped up to the
podium on the matter.
I represent -- Culver Smith, III. I represent
three nonparties on plaintiff's motion for
sanctions. Those three nonparties are Jonathan
O'Boyle, not to be confused with the plaintiff,
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Martin O'Boyle, William Ring and the O'Boyle Law
Firm.
THE COURT: Okay. And Mr. Taylor, you've been
involved previously. You are what now? You are
representing the O'Boyle Law Firm as a party as
opposed to an attorney?
MR. TAYLOR: Well, your Honor, I'm here just
as -- I've been substituted in for Mitchell Berger.
He is now counsel.
THE COURT: Not yet that I understand, but
that is your understanding that you're going to be
substituted in. You don't have a problem with
Mr. Berger speaking for the O'Boyle Law Firm
instead of you?
MR. TAYLOR: No, sir.
MR. BERGER: I don't speak for the O'Boyle Law
Firm.
THE COURT
Mr. O'Boyle.
MR. BERGER:
THE COURT:
O'Boyle Law Firm?
You're correct. You speak for
Yes, sir.
r. Smith, you're representing the
MR. SMITH: Yes, sir.
THE COURT: Mr. Taylor, you're here, although
you're still attorney of record, you're telling me
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you have no problem with Mr. Berger representing
Mr. O'Boyle this morning and you're here to look
out for the interest of the O'Boyle Law Firm?
MR. TAYLOR: That is correct, your Honor.
THE COURT: Okay. That's everybody. Okay.
We're out of time. Thank you.
You have given me a motion for a scheduling
conference. That covers a lot of territory. I
have a preliminary question first. How many cases
do I have, related cases, and who is Christopher
O'Hare?
MR. SWEETAPPLE: Your Honor, Ms. O'Connor is
best to answer that.
MS. O'CONNOR: I'm not sure I can give you an
exact number, but there is about ten cases that you
have, brought by Mr. O'Hare, then there's another,
probably close to half dozen that you have as well.
And that's an issue that we were going to raise
with you perhaps at a scheduling conference in
terms of whether you're interested in taking them
all.
THE COURT: You have approximately six cases
in which Mr. O'Boyle is the plaintiff, and
approximately ten cases in which Mr. O'Hare is the
plaintiff?
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MS. O'CONNOR: Correct.
THE COURT: And who is Mr. O'Hare?
MS. O'CONNOR: Christopher O'Hare is another
resident of the Town of Gulf Stream who has brought
a number of public records lawsuits.
THE COURT: Why would his cases come in as
related cases with the O'Boyle cases?
MS. O'CONNOR: Well, his cases -- you've
issued an order that -- his cases are related with
one another, so you have about ten of his. But
Mr. O'Hare and Mr. O'Boyle have also filed, there
is one suit pending before you that they filed
together and that is -- that's the suit you may
have seen. There's a summary judgment hearing set
for December 8th. We just agreed with the O'Boyle
Law Firm to continue that hearing because they
moved to disqualify my law firm in that case, and
in this case as well.
So there's cases that they've brought
together, and they're represented by the O'Boyle
Law Firm, and our position is that they're acting
in concert in bringing all these public records
lawsuits. They're just bringing them --
THE COURT: And the case you say I have that
involves both Mr. O'Boyle and Mr. O'Hare as
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Pagc 8
plaintiffs, was that case transferred in because of
earlier cases?
MS. O'CONNOR: No.
THE COURT: I just have that one as well. I
should be buying Lotto tickets, I guess.
So let me hear first then from the defense who
asked for the scheduling conference.
MR. BERGER: If it please the Court, your
Honor, I only represent Mr. O'Boyle in the status
conference for the case noticed.
THE COURT: Yes. Okay. Your appearance in
that particular case and that's 14CA4474.
MR. BERGER: Correct.
THE COURT: Mr. O'Boyle versus the Town of
Gulf Stream.
Let me find out, I don't know whether it
should be Mr. Sweetapple or Ms. O'Connor who wants
to tell me. You listed a number of issues. Have
you discussed with opposing counsel the sequence in
which these issues need to be resolved? In other
words, if discovery depositions are necessary prior
to a hearing, order of hearings, that sort of this.
MR. SWEETAPPLE: Only preliminarily by e -mail
and this morning in a conversation. And it appears
to be Mr. Berger's position that despite the fact
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that they had -- Mr. O'Boyle, in all the other
cases that he has moved for summary judgment, has
filed a motion to disqualify and said the motion
for summary judgment should now be continued, just
as he did in this case, moved for continuance of
the summary judgment.
And somehow now Mr. Berger believes we should
have the adjudication of this case and forget about
all of the sanctions, and forget about the
disqualification motions until after you hear the
summary judgment.
I have advanced to him my proposition, which
is that the motion to disqualify my firm and Jones
& Foster that's being filed by Mr. O'Hare in the
cases and Mr. O'Boyle in the cases, are without
merit; that they are done basically to prevent us
from representing our clients and undertaking the
work we have to do; that the first hearing that you
have to have as a threshold issue is whether or not
we should be disqualified; and that before we have
those hearings, we should be able to complete
Mr. O'Boyle's deposition.
Mr. O'Boyle just flatly decided he was not
going to answer a
number of questions
without
any
instruction from
his attorneys. I'm
not sure
if he
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was taking the Fifth Amendment because he is aware
of the fact that the Town of Gulf Stream has
determined to file a civil RICO case against him,
but he has not answered questions. I'll be moving
to compel. But he needs to finish his deposition.
The witness who filed this verified motion,
who has absolutely no knowledge of what occurred,
needs to be deposed. The other members of CAFI
need to be deposed because Mr. O'Boyle seems to
have a schizophrenic view of life. One minute he
has nothing to do with CAFI, and all these things
are happening unbeknownst to him, and the next
minute he is CAFI and somehow what happens with
CAFI affects his ability to prosecute a public
records request individually against Gulf Stream
where we're defending that sole action.
So there's a lot of discovery with regard to
the motion to disqualify us. We want to expedite
the discovery. We want to expedite the hearing on
the motion. We have affirmative defenses we need
to raise in this case. We have --
THE COURT: When you mean affirmative defenses
to the motion, you mean to the underlying case?
MR. SWEETAPPLE: Underlying case. We have
affirmative defenses we want to amend. We have
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counterclaims in some of these cases.
THE COURT: Mr. Berger, do you agree that the
court should hear the motion to disqualify before
it hears anything else?
MR. BERGER: Your Honor, I'm new to the case,
but I'm going to recommend to my client to drop the
motion to disqualify. What we have here is --
these are materials that a man named Mr. Chandler
went -- who is the head of a company called
Public --
THE COURT: I have Mr. Chandler's affidavit
and I've read the history you all have given me.
MR. BERGER: Mr. Chandler -- we have some
sideshows going on in this case. Obviously this
case --
THE COURT: Before we get far off track to my
question, I appreciate the fact that you are new to
the case. You told me so far that you're going to
recommend to Mr. O'Boyle that he drop the motion?
MR. BERGER: Yes.
THE COURT: Is there a reason you haven't
made that recommendation and that decision has not
been made yet?
MR. BERGER: Yes. I'm 48 hours, literally
48 -hours into appearing in this case. And what
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I've done is I've separated out the material that
Mr. Chandler gave to Mr. Sweetapple that is
attorney - client material, and I'm going to
determine whether or not any of that material is
also attorney - client privileged to Mr. O'Boyle,
which is different than CAFI.
So these -- what is in this box, Judge, is
material that if Mr. Sweetapple subpoenaed my
client, if it was CAFI's records, this is stuff I
would have to list on a privilege log. But I don't
know if any of that is Mr. O'Boyle's privilege as
well. If it is not Mr. O'Boyle's privilege, then
Mr. Sweetapple obviously has obtained
attorney - client privileged information as far as we
are concerned from CAFI without asking the court
whether or not he can look at it. Which would be
different than whether or not he obtained
attorney - client privileged information concerning
Mr. O'Boyle. So that is the first determination I
need to make, is whether or not Mr. Sweetapple did
or did not obtain privileged information.
THE COURT: The first determination I need to
make, I think, is whether or not I need to address
this motion for disqualification of counsel.
Because until I make a determination, or you
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withdraw the motion, that hovers over everything
else and that is not appropriate to go on with
discovery or the pleading or even the motion for
summary judgment. So how quickly will you know
whether that motion is --
MR. BERGER: I'll know that, your Honor, by
tomorrow morning.
THE COURT: Okay. Let's assume for the sake
of argument that that motion, or there's more than
one motion as to Ms. O'Connor and Mr. Sweetapple,
will be withdrawn. Under that scenario, back to
Mr. Sweetapple, what do you think the order of
discovery and hearings should be?
MR. SWEETAPPLE: Well --
THE COURT: I assume you're going to tell me
first you need to complete the deposition of
Mr. O'Boyle.
MR. SWEETAPPLE: Yes. That's for sure.
THE COURT: That's the first thing you want
to do.
MR. SWEETAPPLE: And the second thing I want
to do, your Honor, and I'm not going to even repeat
what's in my motion, but the --
THE COURT: I appreciate that.
MR. SWEETAPPLE: But the second thing I need
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Page 14
to do is to also at the same time complete the
discovery with regard to the motion for sanctions,
because the gentleman that Mr. Smith, who I greatly
esteem, represents, are all lawyers at the O'Boyle
Law Firm.
And Mr. Martin O'Boyle and his colleagues are
insistent on testing the limits of the litigation
privilege and the First Amendment, and I hope at
some point the court's tolerance -- we're involved
in a civil dispute.
THE COURT: Right now, Mr. Sweetapple, I
understand your passion for the issues, but I need
to proceed in a very matter of fact way. This is a
hearing that's supposed to be five minutes per
side.
MR. SWEETAPPLE: I apologize.
THE COURT: So you want to complete the
deposition of Mr. O'Boyle. What do you want to do
after that?
MR. SWEETAPPLE: I want to have the motion for
sanctions heard as soon as possible, because I want
to take all the other depositions that relate to
the motion for sanctions. And I want to have
children stop reading these banners on the beach
and calling people and complaining.
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Page 15
THE COURT: Okay. Two things first. You say
you want to have the motion for sanctions heard.
So your position is after you've taken
Mr. O'Boyle's deposition, you complete that
deposition, you're ready to go on the motion for
sanctions. You don't need any other discovery?
MR. SWEETAPPLE: No. I have a list of all the
depositions I need in the motion. I need --
THE COURT: So after you complete
Mr. O'Boyle's deposition, you need to take another
deposition.
MR. SWEETAPPLE: Yes, sir. I have listed who
they are, and they relate --
THE COURT: Mr. Berger, what do you think the
next thing should be if you withdraw this motion to
disqualify?
MR. BERGER: Your Honor, Mr. O'Boyle -- I'm
going to convince Mr. O'Boyle to admit that he flew
the banners, because he did. To admit that he
put -- I'm going to convince him to admit these
things. I would submit none of them are
contumacious for sanctions. We can argue that. We
don't need any other discovery about it. We don't
need any --
THE COURT: What do you think should take
Debra Duran & Associates
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MR. BERGER: Obviously what the statute
requires, 119.11. Mr. O'Boyle -- this started
because Mr. O'Boyle ran for mayor and his signs
were torn down. And he contends the police tore
his signs down. And the public records request
was, what were the police doing that day, which the
town would not give him the information. That is
how this all started.
THE COURT: Do you disagree that if the motion
to disqualify is withdrawn, that the next step
should be to complete the deposition of
MR. BERGER: Yes, I think that --
necessary for me to allow that depo to be taken
before the hearing on summary judgment, which is
really contrary to most existing case law.
So we've been there and if you're telling me
we're going back there, then maybe we will. But
I'm not sure why, since I ordered the deposition
and apparently it was not completed, why I wouldn't
allow the completion of that deposition.
MR. BERGER: Well, the deposition should be
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limited at this point in time to whether -- why the
public records request was made. It shouldn't be
about whether or not he was flying banners over the
city. If there is any more depositions taken -- I
don't think any questions were asked at the
deposition about the substance of the matter. It
was all about bringing a motion for contempt, so.
THE COURT: I think the only thing I can have
you do is schedule a 30- minute hearing on this case
management conference. Let's take 30 minutes for
it.
Mr. Sweetapple, you can prepare the order.
There's an order you will get on -line that will set
it by order of the court. And I also want you to
prepare an order that indicates that each party
will provide at least seven days before the hearing
a detailed proposal for completion of discovery and
all pending motions, hearing on all pending
motions. You tell me from each parties'
perspective -- Mr. Smith you can submit your own if
it is different from the others -- as to what
sequence discovery should take place and why, and
what sequence the hearings should take place and
why. And I'll take a look at those before the
hearing and we'll talk about it at the next hearing
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and see the best way to proceed.
I will anticipate that you will have a
decision very quickly, Mr. Berger, about whether
the motion to disqualify is being withdrawn,
because if not, I will expedite the process to get
that matter heard.
MR. BERGER: I understand.
THE COURT: That means there may be some
discovery that has to be taken ahead of time. If
you all can't agree on expedited discovery, you can
come back in on an early hearing and ask me to do
that. Any questions?
MR. BERGER: No, your Honor.
MR. SWEETAPPLE: Thank you for hearing us.
THE COURT: Thank you all.
(At 9:12 a.m. the hearing was concluded.)
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
Page 18
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C E R T I F I C A T E
STATE OF FLORIDA
COUNTY OF PALM BEACH
I, Debra Duran - Bornstein, Registered
Professional Reporter, State of Florida at large,
certify that I was authorized to and did
stenographically report the foregoing proceedings and
that the transcript is a true and complete record of my
stenographic notes.
Dated this 18th day of November, 2014.
Debra Duran - Bornstein, RPR, CLR
Notary Public, State of Florida
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
Page 19
1
14CA4474 8:12
4
48 11:24
48 -hours 11:25
8
8th 7:15
A
ability 10:14
absolutely 10:7
acting 7:21
action 10:16
address 12:23
adjudication 9:8
advanced 9:12
affects 10:14
affidavit 11:11
affirmative 10:20,
22,25
agree 11:2
agreed 4:5,7 7:15
agreement 4:15
amend 10:25
Amendment 10:1
apologize 3:24
appearance 8:11
appearing 4:1
11:25
appears 8:24
approximately
6:22,24
argument 13:9
associate 3:22
assume 13:8,15
attorney 4:25:6,
25
attorney - client
12:3,5914,18
attorneys 9:25
aware 10:1
B
back 13:11
basically 9:16
Beach 3:4
behalf 3:15
believes 9:7
Berger 3:11,19,23,
25 4:3 5:8,13,16,20
6:18:8,13 9:7
11:2,5,13,20,24
13:6
Berger's 8:25
BLANC 3:1
box 12:7
bringing 7:22,23
brought 6:16 7:4,
19
buying 8:5
C
CAFI 10:8,11,13,
14 12:6,15
CAM'S 12:9
called 11:9
car 3:24
case 7:17,18,24
8:1,10,12 9:5,8
10:3,21,23,24 11:5,
14,15,18,25
cases 6:9,10,15,22,
24 7:6,7,8,9,19 9:2,
15 11:1
Chandler 11:8,13
12:2
Chandler's 11:11
Christopher 6:10
7:3
civil 10:3
client 4:8 11:612:9
clients 9:17
close 6:17
colleague 3:20
company 11:9
compel 10:5
complete 9:21
13:16
concerned 12:15
concert 7:22
conference 3:9
6:8,19 8:7,10
confused 4:25
continuance 9:5
continue 7:16
continued 9:4
conversation 8:24
correct 5:18 6:4
7:18:13
counsel 4:13 5:9
8:19 12:24
counterclaims
11:1
County 3:4
court 3:8,12,17,22,
25 4:7,15,17 5:3,
10,18,21,24 6:5,22
7:2,6,24 8:4,8,11,
14 10:22 112,3,11,
16,21 12:15,22
13:8,15,19,24
Courthouse 3:5
covers 6:8
Culver 4:22
D
DEBRA 3:2
December 7:15
decided 9:23
decision 11:22
Defendant's 3:8
defending 10:16
defense 8:6
defenses 10:20,22,
25
deposed 10:8,9
deposition 9:22
10:5 13:16
depositions 8:21
determination
12:19,22,25
determine 12:4
determined 10:3
discovery 8:21
10:17,19 13:3,13
discussed 8:19
disqualification
9:10 12:24
disqualified 9:20
disqualify 7:17
9:3,13 10:18 11:3,
7
document 4:9
dozen 6:17
drop 11:6,19
DURAN-
BORNSTEIN 3:2
E
e-mail 8:23
earlier 8:2
exact 6:15
expedite 10:18,19
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
Index: 14CA4474 -hears
F
face 4:17
fact 8:25 10:2
11:17
file 10:3
filed 7:11,12 9:3,14
10:6
rind 8:16
finish 10:5
firm 3:214:2,45:2,
5,13,17,22 6:3
7:16,17,219:13
flatly 9:23
Florida 3:4
forget 9:8,9
Foster 9:14
G
gave 12:2
give 6:14
Good 3:9,10,11,17
4:19
guess 8:5
Gulf 3:15 7:4 8:15
10:2,15
H
half 6:17
happening 10:12
head 11:9
hear 8:69:1011:3
heard 3:13
hearing 3:14:10
7:14,16 8:22 9:18
10:19
hearings 8:229:21
13:13
hears 11:4
history 11:12
Honor 3:10,14,24
4:14,19 5:7 6:4,12
8:9 11:5 13:6,22
Honorable 3:1
hours 11:24
hovers 13:1
I
111 4:22
Individually
10:15
information
12:14,18,21
instruction 9:25
interest 6:3
interested 6:20
involved 5:4
involves 7:25
Issue 6:18 9:19
issued 7:9
issues 8:18,20
J
jacket 3:23
Joanne 3:15
Jonathan 4:24
Jones 9:13
Judge 12:7
judgment 7:14
9:2,4,6,11 13:4
K
knowledge 10:7
L
Large 3:4
law 3:214:2,4 5:1,
5,13,16,22 6:3
7:16,17,21
lawsuits 7:5,23
lectern 3:13
left 3:23
life 10:10
list 12:10
listed 8:18
literally 11:24
log 12:10
lot 6:8 10:17
Lotto 8:5
M
made 11:22,23
make 12:20,23,25
man 11:8
Martin 4:3 5:1
material 12:1,3,4,
8
materials 11:8
matter 4:21
members 10:8
merit 9:16
minute 10:10,13
Mitchell 3:195:8
morning 3:9,10,
11,17 4:19 6:2
8:24 13:7
motion 3:8 4:23
6:7 9:3,13 10:6,18,
20,23 11:3,7,19
12:24 13:1,3,5,9,
10,23
motions 9:10
moved 7:179:2,5
moving 10:4
U
named 11:8
nonparties 4:23,
24
Notary 3:3
notice 4:11
noticed 8:10
number 6:15 7:5
8:18 9:24
Ic
O'bayle 3:214:2,
3,4,6,11,25 5:1,5,
13,16,19,22 6:2,3,
23 7:7,11,15,20,25
8:9,14 9:1,15,23
10:9 11:19 12:5,19
13:17
O'boyle's 9:22
12:11,12
O'connor 3:15
6:12,14 7:1,3,8
8:3,17 13:10
O'hare 6:11,16,24
7:2,3,11,25 9:14
abject 4:12
obtain 12:21
obtained 12:13,17
occurred 10:7
apposed 5:6
opposing 8:19
order 4:5,7 7:9
8:22 13:12
P
Palm 3:4
party 5:5
pending 7:12
PETER 3:1
plaintiff 4:25 6:23,
25
plaintiffs 4:23
plaintiffs 8:1
pleading 13:3
podium 4:21
position 7:218:25
preliminarily
8:23
preliminary 6:9
prevent 9:16
previously 5:4
prior 8:21
privilege 12:10,11,
12
privileged 12:5,
14,18,21
problem 5:126:1
Professional 3:3
proposed 4:13
proposition 9:12
prosecute 10:14
public 3:3 7:5,22
10:14 11:10
Q
question 6:911:17
questions 9:24
10:4
quickly 13:4
R
raise 6:18 10:21
read 11:12
reason 1121
recommend 11:6,
19
recommendation
1 I :22
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
Index: history-Smith
record 4:2 5:25
records 7:5,22
10:15 12:9
regard 10:17
Registered 3:2
related 6:10 7:7,9
repeat 13:22
Reporter 3:3
represent 4:22 8:9
represented 7:20
representing 4:6
5:5,21 6:1 9:17
request 10:15
resident 7:4
resolved 8:20
RICO 10:3
Ring 5:1
Robert 3:14
rule 4:8
S
sake 13:8
sanctions 4:24 9:9
scenario 13:11
scheduling 3:8
6:7,19 8:7
schizophrenic
10:10
send 4:7,15
sending 4:4
separated 12:1
sequence 8:19
set 4:107:14
sideshows 11:14
signature 4:8
sir 3:17 5:15,20,23
Smith 4:17,19,22
5:21,23
sole 10:16
sort 8:22
speak 5:16,18
speaking 5:13
State 3:4
status 8:9
stepped 4:20
Steven 3:20,23
stipulation 4:9
Stream 3:167:4
8:15 10:2,15
stuff 12:9
subpoenaed 12:8
substituted 5:8,12
substituting 3:20
4:1
substitution 4:13
suit 7:12,13
summary 7:14
9:2,4,6,11 13:4
Sweetapple 3:10,
4:14,16 6:12 8:17,
23 10:24 12:2,8,13,
20 13:10,12,14,18,
21,25
T
taking 6:2010:1
Taylor 5:3,7,15,24
6:4
telling 5:25
ten 6:15,247:10
terms 6:20
territory 6:8
thing 13:19,21,25
things 10:11
threshold 9:19
tickets 8:5
time 4:20 6:6
told 11:18
tomorrow 13:7
Town 3:157:4
8:14 10:2
track 11:16
transferred 8:1
type 4:9
U1
unbeknownst
10:12
underlying 10:23,
24
understand 5:10
understanding
5:11
undertaking 9:17
V
verified 10:6
versus 8:14
view 10:10
W
Weber 3:20,23
William 5:1
withdraw 13:1
withdrawing 4:4,
6
withdrawn 13:11
words 8:21
work 9:18
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
Index: sole —work
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
March 10, 2015
Commerce Realty Group, Inc. [mail to: records @commerce- group.com]
Re: GS #1771 (1025)
Provide a copy of the index transcript /leasing (1111812014) as referred to in the 9th entry on page
2, dated 121212014 on invoice no. 10003, dated December 9, 2014, as marked with an "F ".
Attached is page 2 of invoice no. 10003, dated December 9, 2014.
Dear Commerce Realty Group, Inc. [mail to: recordsacommerce- eroup.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 http://www2.gulf-
stream .ore /WebLink8 /0 /doc /35601/Pa eg 1_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