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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 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- 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 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 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 Page 2 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 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 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 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, Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 4 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 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 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 5 1 2 3 iM 5 6 7 Do 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 6 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 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 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 7 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 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 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 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 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 9 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 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 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 10 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 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 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page I I 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 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 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 12 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 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 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 13 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 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. 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 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 Phone 561.313.8000 Fax 561.835.8586 1 1 place next? Page 16 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 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 Page 17 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 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 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 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 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