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HomeMy Public PortalAboutPRR 15-1852From: Jonathan O'Boyle [mailto:joboyle @oboylelawfirm.com] Sent: Thursday, June 11, 2015 7:30 PM To: Rita Taylor Cc: Chris Stearns Subject: FW: Follow up, Public Records Request Rita: I am forwarding this request to you because Mr. Stearns and I have agreed that it is a bit cumbersome to use him exclusively to follow up on records requests. As such, if you have any questions about responding to the request in terms of pending litigation, please contact Mr. Stearns or one of his colleagues. I will try to be as helpful as possible but I think it best that at the very least, Mr. Stearns be copied on all communications out of fairness to the Town. I apologize if the below is out of context but it is a records request that I am trying to follow up on. I really wished that Mr. Thrasher did not close the request out because I am not entirely sure I got the response that I intended. Chris: Sorry to bug you again. But I wanted to follow up on the public records request that I made concerning the Mr. Morgan's May 21, 2015 Letter to the Bar. Specifically, I think I could cut to the chase and make everyone's lives easier by just requesting my entire UPL file held by the Town. Since that file is closed with the bar, no redactions under 119.071(1)(d) or whatever subsection contains the exemption for attorney client privilege are necessary (I am not agreeing that the Town has any right to assert a privilege under 119.071(1)(d) with regard to bar complaints, in fact just the opposite). This should include all communications that were created, maintained, and received which relate to my UPL file. Mr. Sweetapple should have my entire file. Just to be clear, I would like all draft complaints and other attorney work product records generated by the Town Attorney's who assisted Mayor Morgan in investigating, preparing, and filing my bar complaint which relate to that assistance and any other records created as a result of my complaint being closed by the Bar on May 20, 2015. This includes billing records from Town attorneys who aided the Town in preparing and researching or ultimately making the bar complaint against myself. Additionally, I would like modify my request to encompass the government records (referenced by Mayor Morgan that related to my driver's license) that were actually reviewed by Mayor Morgan, the ones he personally reviewed before sending his May 21, 2015 letter to Ms. Vasquez at the UPL Committee or agency for Broward. I would also like to include the records reviewed or transmitted to the Town or its agents by Marilyn Hannan of Rock Legal Services. If Mayor Morgan did not actually review government records, please let me know by stating no such records exist. Lastly, I would request the email chain between Marty Minor and the Town in April of 2013 which referenced the First Amendment with regards to the painted house at 23 N. Hidden Harbor Drive. I am not certain but I believe that email chain should contain pictures. Marry Minor knows which email chain I am referencing as he acknowledged it at his Deposition last week so if the emails occurred in March or May, he should know as he has personal knowledge as Town consultant. If possible, I have no problem only responding to you if the Town wanted to give me update letters directly for their own convenience and records. I am just suggesting a means of communications where I can get updates in production (including helping the Town identify what I would like produced first and whether I believe the file should be closed out or if more records exist [or if I already have some records and do not need the Town expend redundant efforts]) without having to pester you, I know you have a busy schedule Chris. I would like the Marty Minor email produced first. That one shouldn't be that tough. Second, I would like a response to the request for records actually reviewed by Morgan. Lastly, I would like my UPL file produced. If it is easier to produce any of these records out of my requested order, just let me know. These records are time sensitive and their utility to myself is diminishing daily. P.S. Is it just easier for me to copy you on communications with the records custodian or would you rather have me do things directly through you? I am easy, so either way is cool by me. I apologize for all the communication but I am just trying to make every effort to ensure that my records are produced correctly and in a consensually timely manner [even if that requires staggering of production]. Thank you ever so kindly in advance for making sure that this request gets to the proper custodians for Gulf Stream. And Rita, thank you ever so kindly for helping me get these records. P.S. please let me know of any charges before I incur them. I prefer email and documents in electronic format. This email is fine to respond to. From: OConnor, Joanne M. [mailto:JOConnor@ionesfoster.com Sent: Wednesday, June 17, 2015 8:56 AM To: ioboyle@obovlelawfirm.com Cc: Bill Thrasher; Rita Taylor; stearns@iambg.com; Macfarlane, Mary; kendrake@dldlawyers.com: malvarez@dldlawyers.com: Elaine Johnson James; Steven D. Weber (SWeber@bergersingerman.com) Subject: Gulf Stream Public Records Request Importance: High Jonathan — The Town is in receipt of your June 11, 2015 public records request. In Kelly Avery's absence this week, I am responding on the Town's behalf. First, the April 2013 e-mail chain you requested between Marty Minor and Bill Thrasher regarding 23 N. Hidden Harbor Drive is attached. Second, please be advised that there are no public records responsive to your request for government records that Mayor Morgan reviewed relating to your driver's license prior to communicating with the Florida Bar on May 21, 2015. The Town previously produced to you an e -mail chain from Rock Legal dated May 15, 2015 in regard to this matter. I note that your e- mail of June 16, 2015 now suggests that you also seek a DPPA report or other record. The Town did not request that a DPPA report be run and is not aware of any report being run. To the extent that Rock Legal ran such a DPPA report for its own purposes, that is not a public record of Gulf Stream. Third, you have requested public records of the Town relating to the complaint made by Mayor Morgan to the UPL Division of The Florida Bar in August 2014. As The Florida Bar Complaint reflects, an identical complaint was filed by the Town against you and other attorneys referenced in Mr. O'Boyle's Motion. On April 17, 2015, Martin O'Boyle filed a Motion to Determine Confidentiality of Court Records with regard to the Town's complaint to The Florida Bar in O'Boyle v. Gulf Stream, Case No. 502014CA004474XXXXMB AA. I understand that Mr. O'Boyle gave notice to non - parties, but am not sure if you were included in that notice. The Town has repeatedly advised counsel for Martin O'Boyle that it cannot agree to the relief sought by the Motion, particularly because numerous corporate entities have made public records requests for these documents. Nevertheless, Martin O'Boyle has failed to withdraw the Motion to Determine Confidentiality of Court Records. Until that Motion is withdrawn or Judge Blanc has determined that the Florida Bar records are not confidential, the Town cannot respond to public records requests for those records. I have copied Ken Drake, counsel for you, and Elaine Johnson James, counsel for Mr. O'Boyle, in Case No. 002014CA004474XXXXMB AA. If your or counsel have suggestions as to how we can resolve the conflict between these two positions, I am open to them. If you would like an estimate of the cost to produce the Bar records in the meantime, please let me know. Regards, Joanne JONESFOSTER Juxnsmyrsrews.ra. Joanne M. O'Connor Attorney Direct Dial: 561.650.0498 1 Fax: 561.650.5300 1 joconnor , jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561 - 659 -3000 1 www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. Kelly Avery From: Marty Minor <MMinor @udkstudios.com> Sent: Thursday, April 18, 2013 9:28 AM To: Bill Thrasher Subject: RE: new pics Dear lord..... First, I think he is violating Section 70 -106 (e) which requires homes to use colors from the approved color list, which I am assuming these colors don't comply. The prohibition on signs may apply, but he is going to respond with a First Amendment argument, so we have to be careful with that. I am headed out to a meeting, but will look more into the code later. Unbelievable,marty Marty R.A. Minor, AICP Urban Design Kilday Studios The Offices at City Place North 477 South Rosemary Avenue, Suite 225 West Palm Beach, Florida 33401 -5758 561- 366 -1100 urns The Offices of CilyPlace North ph. (561) 366.1100 L,1GJ� 1 1 west Palm Beach, Flon'da 3340 225 www.udkstudlos.com kil �y __. -_ 5T U D 1 O S Urban Planning and Design I Landscape Archifecture I Communication Graphics From: Bill Thrasher [mailto:bthrasher @gulf- stream.org] Sent: Thursday, April 18, 2013 9:01 AM To: Marty Minor Subject: FW: new pics Any ideas. From: Kelly Avery Sent: Thursday, April 18, 2013 8:45 AM To: Bill Thrasher Subject: new pics KeUy Avery Accountant /Assistant to the Finance Director Town of Gulf Stream 100 Sea Rd. Gulf Stream, FL 33483 -7427 561- 276 -5116 561- 737 -0188 fax kam ?14- stream,orl JONESFOSTER Joanne M. O'Connor :\ttorney Direct Dial: 561.650.0498 1 Fax: 561.650.5300 1 ioconnor@jonesfoster.com Jones, Foster, Johnston & Stubby, P.A. Flagler Center Tower, 503 South 11agler Drive, Suite 1100, West Palm Beach, Florida 33401 561 -659- 3000 1 www.jonesfostencom Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, anN. review, dissemination, or copying of this email is prohibited. Please immetliately notify us by email and delete the original message. From: Jonathan O'Boyle [ma !Ito :joboyle @oboylelawfirm.com] Sent: Wednesday, June 17, 2015 12:11 PM To: OConnor, Joanne M. Cc: Chris Stearns; Elaine Johnson James; Ken Drake Subject: RE: Gulf Stream Public Records Request Joanne, thank you ever so kindly for getting back to me promptly. I was figuring that my next move was to send carrier pidgeons, smoke signals, or a singing telegram to the Town to get someone's attention (jokingly of course). I just want to get a couple of things straight so I can get out of yalls' hair. As a preliminary matter, I thank you for the email chain between Mr. Thrasher and Minor. However, before you or the Town close things out, it appears that pictures were attached at some point to that chain. Can I get those? I just want to confirm that Mayor Morgan did not personally review any "government records" prior to telling the bar that he or the Town did in fact review government records which showed that my driver's license was from Florida as of 2014. That is fine, can I get the drafts of the complaint that Mr. Sweetapple forwarded to Mayor Morgan for him to sign? The drafts of the May 21, 2015 letter. 2. 1 am not aware of any confidentiality issue in 4474. 1 can check on that but I am not really seeing the bugaboo here. My UPL file is closed with the bar and I need the Town's file. I am sure that there are certain documents that can be produced as a temporary solution (aka Partial Production). As for the confidential records, I believe I have a solution. Those documents could be emailed to me directly and not be reproduced on the Town's website. If we are talking about the Dr. Glass letter, I am not interested, I was counsel in O'Boyle v. Isen in NJ for the appeal and am well aware of Judge Higbee's order to keep that document confidential and sealed. I have not researched it on my own but I assume there is some mechanism to produce records and maintain confidentiality. If a police officer wants a copy of her "file" can the Town not give that officer her file even though information like her SSN would be exempt to all others? Bottom line is I am sure we can meet halfway on this issue until we get some clarification. Perhaps we can start with Sweetapple's August Bills which reflect that he worked on my bar complaint. Also, the emails and drafts between him and mayor Morgan. The authorizations for attorneys to work on my bar complaint. The memoranda passed around concerning my complaint. The communications reflecting ethical considerations concerning filing my bar complaint. The communications which reflect the meeting between Joan, Thrasher and Scott where they decided that Scott would be the signatory to the complaint. And any communications that proceeded the closing of my bar file. These are things that I think could be responsive that are not before any court that I am aware of. Lastly, I would like an estimate please and a production schedule in case there are a lot of documents. I do not know how the records are stored but I am assuming they are either on Mr. Sweetapple's hard drive in a neatly organized folder or in a paper file. If there are documents that are easily accessible (such as a paper or computer file) I think we could start there first. If there are scattered documents that the Town needs to hunt down, we can maybe put those on a tier 2 production plan. I think grouping the documents could be an easy way to tier the production if necessary. If it less cumbersome for the Town to make these documents open for inspection as opposed to copying, by all means please let me know. Thanks in advance, I know we are all busy but I do have someone waiting on these files so any suggestions that you or the Town has to make this as quick and painless as possible, I am all ears. Have a great day! Kelly Avery From: OConnor, Joanne M. <JOConnor @jonesfoster.com> Sent: Wednesday, June 17, 2015 5:47 PM To: Jonathan O'Boyle Cc: Chris Stearns; Elaine Johnson James; Ken Drake; scottmorgan75 @gmail.com; Macfarlane, Mary; Kelly Avery; Rita Taylor; Bill Thrasher Subject: RE: Gulf Stream Public Records Request Attachments: UPL O'Boyle letter; 1 LZ1326- motion confidential filing under seal.PDF Jonathan — 1. You had asked for the Marty Minor email, which we produced in its original format. It did not have pictures attached. You have now asked for the original April 2013 email in the chain, drafted by Kelly Avery, who is out this week. We are attempting to determine whether her email ever attached any pictures. We will forward the original to you as soon as possible. 2. We obviously disagree as to what Mayor Morgan's letter to the Bar of May 21, 2015 states. You have now asked for information, not records, related to what Mayor Morgan may or may not have done before he sent that letter. That is not a request for records as to which the Town must respond. As to your new request for records, there are no drafts of a complaint forwarded by Mr. Sweetapple to Mr. Morgan. The only draft of the May 21, 2015 letter of which I am aware was prepared by Mr. Morgan and is attached to this email. Mr. Morgan is out of state this week but will review his office records upon his return for any other drafts but I do not expect there will be any additional drafts. 3. With regard to The Florida Bar Records, while the closure of your UPL file might be relevant to a work product exemption, it does not affect the fact that a claim of confidentiality has been made. Indeed, the claim has been made by Martin O'Boyle, a client of your law firm, as to the confidentiality of those documents vis a vis your law partner Mr. Ring and associates Messrs. Taylor and Mesa. The pertinent motion is attached. I have to assume that those parties likewise contend that any drafts of that complaint, communications regarding its preparation and other public records that identify or relate to the complaints against them should also be maintained as confidential. Regardless of whether the records are placed on the website, once they are produced to you, that confidentiality will be destroyed. I have left a message with Ms. James to see if we might be able to reach some sort of agreement that will satisfy all parties involved. I believe that there are communications supplemental to the initial complaint that the Town directed exclusively to The Florida Bar UPL Division. We can produce those communications to you. I will have an estimate and /or partial production to you tomorrow. With regard to August billing entries by Sweetapple, Broeker & Varkas, the Sweetapple invoice dated 08/22/2014 was provided in response to Public Record Request 14 -1347 submitted verbally by Martin O'Boyle on 09/18/2014. This bill had portions of the invoice redacted and is now the subject of pending litigation. I will review the unredacted invoice in light of your new public records request to determine if anything that was redacted appears to relate to the now apparently concluded UPL complaint. If so, a revised invoice will be produced to you tomorrow. The Sweetapple invoice dated 09/29/2014, which contains some additional time entries through the end of August, was provided in unredacted form in response to a Public Record Request 14 -1569 submitted by CRO Aviation on 10/21/2014. Regards, Joanne Kelly Avery From: scottmorgan75 @gmail.com Sent: Monday, May 18, 2015 3:27 PM To: Robert Sweetapple; OConnor, Joanne M. Subject: UPL O'Boyle letter Attachments: FlaBar- UPL.Vazquez.1e.5- 19- 15.docx Bob and Joanne, Attached is a draft letter I want to send to the Branch UPL Counsel this week. Please feel free to make changes and additions, and return to me. Thanks. Scott W. Morgan 1315 Neptune Dr. Boynton Beach, FL 33426 (561) 752 -1936 May 18, 2015 Algeisa M. Vazquez, Esq. Branch UPL Counsel The Florida Bar 1300 Concord Terrace, Su. 130 Sunrise, FL 33323 Re: Jonathan R. O'Boyle Fla Bar No. 2015- 1027 (17C) Dear Ms. Vazquez: I have reviewed Mr. Tozian's letter of Februay 4, 2015, and request leave to respond by highlighting some important points about Mr. O'Boyle's alleged unlicensed practice of law. Mr. O'Boyle does not dispute his January 23, 2014, representation to the Hon. Meenu Sasser in O'Hare v. Town of Gulfstream, et al., 2014 CA 720, (Motion to Appear Pro Hoc Vice) in which he swore to the Court that his domicile and primary residence was in Longport, New Jersey. This statement does not appear to be valid. A review of government records reveals that Mr. O'Boyle possesses a driver's license with a residential address of 23 Hidden Harbor Dr., Gulf Stream, FL. That license is believed to be unchanged from 2014. Mr. O'Boyle also possesses a pilot's license indicating an address of 23 Hidden Harbor Dr., Gulf Stream, FL. In January 2014, the same month he represented to Judge Sasser that he permanently resided in Longport, N.J., Mr. O'Boyle updated his pilot's license with the FAA to correct his medical classification, and he re- confirmed his address at Hidden Harbor Dr. in Gulf Stream, FL. (See FAA Registry "Personal Information- Medical" attached as Exhibit A). During this same time period, when he swore to Judge Sasser about his Longport, New Jersey residence, Mr. O'Boyle represented to the Pennsylvania Courts that he was "an out of state" lawyer residing at 23 Hidden Harbor Dr., Gulf Stream, FL. The PA Code, Chapter 83, Subchapter B, Rule 219 requires Pennsylvania attorneys to annually file with the Attorney Registration Office a form setting forth the lawyer's current residential address. (See Rule 219 (d)(1)(ii) attached as Exhibit B). Regarding his business location, Mr. O'Boyle represented to the State of Florida in his January 15, 2014, Application by Foreign Corporation for Authorization to Transact Business in Florida that the Pennsylvania address of the O'Boyle Law Firm was 2146 E. Huntingdon St., Philadelphia, PA. The validity of that address as a legitimate law office is suspect, however, for several reasons: First, the office telephone number was Mr. O'Boyle's Florida cell phone number; Second, the address was zoned R10A Residential, not commercial (see Property Details and photographs of building attached collectively as Exhibit C); and Third, the address was a residential townhouse owned by Mr. O'Boyle's relative, Kelly L. O'Boyle. Given the markedly different residential and business addresses submitted to the Florida and Pennsylvania courts by Mr. O'Boyle, especially in light of the questionable nature of the Philadelphia office location, we request that he be asked to produce the following additional information regarding this UPL complaint: 1. Copies of the 2013 and 2014 City of Philadelphia Commercial Activity Licenses for Jonathan R. O'Boyle, PC and the 2014 license for the O'Boyle Law Firm; 2. Returns filed by Jonathan O'Boyle and /or his law firms for Philadelphia City Wage Taxes in 2013 and 2014, or of an Earnings Tax Account registration if no city wage taxes paid; 3. Copies of the Philadelphia Business Income & Receipts Tax (BIRT) returns for Jonathan O'Boyle and /or his law firms in 2013 and 2014; 4. The 2013 and 2014 leases between his law firms and Kelly L. O'Boyle; 5. The names /addresses of all employees of Jonathan R. O'Boyle PC and /or the O'Boyle Law Firm that worked at the 2146 E. Huntingdon St., Philadelphia, PA office location; 6. Evidence of Pennsylvania motor vehicle registrations in the name of Jonathan O'Boyle and /or his law firms in 2013, 2014 and 2015; 7. Evidence of Insurance Coverage of any nature covering realty, personal property, motor vehicles, professional negligence, and /or general liability for Jonathan O'Boyle and /or his law firms relative to any Pennsylvania address in 2013, 2014 and in 2015; 8. Evidence of payment by Jonathan O'Boyle and /or his law firms of Commonwealth of Pennsylvania taxes in 2013, 2014 and 2015; 9. Utility bills of any nature, including electric, steam, gas or oil, and telephone and internet bills for Jonathan O'Boyle and /or his law firms relative to any Pennsylvania address in 2013, 2014 and in 2015; 10. Bank information, especially Pennsylvania Interest On Lawyer Trust Account (IOLTA) bank account number for client funds held by Jonathan R. O'Boyle, PC and /or the O'Boyle Law Firm; 11. Proof of Pennsylvania Continuing Legal Education (CLE) Compliance Certification for Jonathan O'Boyle for 2014; 12. Proof of 2013 and /or 2014 membership, if any, in Philadelphia Bar Association and /or Pennsylvania Bar Association; 13. Proof of pro bono legal services performed at anytime in Philadelphia County; 14. Names /docket numbers of all Out of State (not Florida) lawsuits involving Jonathan R. O'Boyle, PC and /or the O'Boyle Law Firm; 15. Copy of 2014 and 2015 Lease between the O'Boyle Law Firm and the landlord of 1001 Broad St., Johnstown PA; (See Listing of Businesses at This Location which does not identify any law firm - attached hereto as Exhibit D) 16. The 2014 and 2015 leases between the O'Boyle Law Firm and the owner of 1280 & 1286 W. Newport Dr., Deerfield Beach, FL; 17. Copy of Jonathan O'Boyle's Voter's Registration for 2013, 2014 and 2015. Sincerely, Scott W. Morgan, Mayor Town of Gulf Stream c.c. Scott K. Tozian, Esq. Filing # 26255995 E -Filed 04/17/2015 06:06:00 PM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 2014 -CA- 004474 -AG MARTIN E. O'BOYLE, Plaintiff, THE TOWN OF GULF STREAM, Defendant. TOWN OF GULF STREAM, Counter - Plaintiff V. MARTIN E. O'BOYLE, an individual RYAN WITMER, an individual, CHRISTOPHER O'HARE, an individual, WILLIAM RING, an individual, JONATHAN R. O'BOYLE, an individual, DENISE DEMARTINI, an individual, PUBLIC AWARENESS INSTITUTE, INC., CITIZENS AWARENESS FOUNDATION, INC., OUR PUBLIC RECORDS, LLC, STOPDntTYGOVERNMENT, LLC, COMMERCE GROUP, INC. and THE O'BOYLE LAW FIRM, P.C., INC. Counter - Defendants CONFIDENTIAL FILING UNDER SEAL Confidential Party or Confidential Affected Non - Party- -Court Service Requested PLAINTIFF MARTIN E. O'BOYLE'S MOTION TO DETERMINE CONFIDENTIALITY OF COURT RECORDS CONFIDENTIAL - Filed Under Seal 5829940 -1 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 2014 -CA- 004474 -AG MARTIN E. O'BOYLE, Plaintiff, V. THE TOWN OF GULF STREAM, Defendant. TOWN OF GULF STREAM, Counter - Plaintiff V. MARTIN E. O'BOYLE, an individual RYAN WITMER, an individual, CHRISTOPHER O'HARE, an individual, WILLIAM RING, an individual, JONATHAN R. O'BOYLE, an individual, DENISE DEMARTINI, an individual, PUBLIC AWARENESS INSTITUTE, INC., CITIZENS AWARENESS FOUNDATION, INC., OUR PUBLIC RECORDS, LLC, STOPDIRTYGOVERNMENT, LLC, COMMERCE GROUP, INC. and THE O'BOYLE LAW FIRM, P.C., INC. Counter - Defendants PLAINTIFF MARTIN E. O'BOYLE'S MOTION TO DETERMINE CONFIDENTIALITY OF COURT RECORDS — FLORIDA BAR COMPLAINTS Plaintiff MARTIN E. O'BOYLE ( "O'Boyle "), pursuant to Fla. R. Jud. Admin. 2.420(c)(8), 2.420(d)(3), and 2.420(e), respectfully submits his Motion to Determine 2 CONFIDENTIAL - Filed Under Seal 5829940 -1 Confidentiality of Court Records — Florida Bar Complaints (the "Motion to Determine Confidentiality "), and in support states: This case involves the Town of Gulf Stream's ( "Gulf Stream ") failure to timely and completely produce public records relating to the activities of Gulf Stream's Police Department on March 3-4, 2014. The O'Boyle Law Firm previously represented O'Boyle in this action and, after it withdrew as O'Boyle's counsel, and notwithstanding that O'Boyle's only prayer for relief regarding attorneys' fees in this matter was for an award in accord with chapter 119, Florida Statutes, Gulf Stream requested all fee agreements between the O'Boyle Law Firm and O'Boyle or any of his companies for public records litigation, whether in Florida or New Jersey, since January 1, 2011. When O'Boyle objected to the production of those fee agreements, Gulf Stream filed a Motion to Compel Production of the O'Boyle Law Firm's Fee Agreements (the "Motion to Compel "), arguing that this Court has subject matter jurisdiction over Gulf Stream's complaint against the O'Boyle Law Firm for the alleged unlicensed practice of law. Without citation to any authority, Gulf Stream argued that the "forum first asserting jurisdiction in a disciplinary matter shall retain the same...." Motion to Compel 139. In support of that argument, Gulf Stream asserted a bar complaint is pending against the O'Boyle Law Firm and that, "upon information and belief, the Florida Bar has not yet asserted jurisdiction" over the complaint against the O'Boyle Law Firm. Id. at IJ 36, 39. In the Motion to Compel, Gulf Stream omits to inform the court that, in 2014, it filed complaints with the Florida Bar, which are relevant to the allegations in the Motion, against 3 CONFIDENTIAL - Filed Under Seal 5829940.1 Florida Bar Member 1, 2 and 31, who are attorneys at the O'Boyle Law Firm. In the Memorandum in Opposition to Plaintiff's Motion to Compel Production of the O'Boyle Law Firm's Fee Agreements (the "Memorandum "), O'Boyle provides the Court with material information regarding those bar complaints in support of his request that the Court deny the Motion. To maintain their confidentiality, the three bar complaints form composite Exhibit A to this Motion to Determine Confidentiality, which is being filed concurrently with the Memorandum. Because (i) those bar complaints referred to in the Memorandum and attached as composite Exhibit A to this Motion to Determine Confidentiality and (ii) the information regarding those bar complaints and their recipients referred to on pages 6 and 7 of the Memorandum are confidential under Rule 3 -7.1 of the Rules Regulating Fla. Bar, O'Boyle moves to seal and maintain those bar complaints attached as composite Exhibit A to this Motion to Determine Confidentiality as confidential. R. Regulating Fla. Bar 3 -7.1 provides that "All matters including files, preliminary investigation reports, interoffice memoranda, records of investigations, and the records in trials and other proceedings under these rules, except those disciplinary matters conducted in circuit courts, are property of The Florida Bar. All of those matters are confidential and will not be disclosed except as provided in these rules." There are nonparties who are affected by the confidential information described above, to whom notice must be given under Fla. R. Jud. Admin. 2.420(d)(4). CONCLUSION For the foregoing reasons, O'Boyle respectfully requests that the Court seal and maintain composite Exhibit A to this Motion to Determine Confidentiality of Court Records — Florida Bar 1 The identities of the recipients of bar complaints are being withheld to protect their confidentiality. 4 CONFIDENTIAL - Filed Under Seal 5829940 -1 Complaints as confidential and take all further steps the Court deems necessary and proper to maintain the confidentiality of composite Exhibit A to this Motion to Determine Confidentiality of Court Records. If the Motion to Determine Confidentiality is denied, the subject material will not be treated as confidential by the Clerk. CERTIFICATE OF GOOD FAITH It is certified pursuant to Fla. R. Jud. Admin. 2.420(e)(1) that this motion is made in good faith and is supported by a sound factual and legal basis. Respectfully submitted, BERGER SINGERMAN LLP 2650 North Military Trail, Suite 240 Boca Raton, FL 33431 Telephone: (561) 241 -9500 Fax: (561) 998-0028 By: sl Steven D. Weber Mitchell W. Berger, Florida Bar No. 311340 mberger @bergersingerman.com Elaine Johnson James, Fla. Bar No. 791709 eiames@bergersingerinan.com Steven D. Weber, Florida Bar No. 47543 sweber@bergersingerman.com Attorneys for Martin O'Boyle CERTIFICATE OF SERVICE I HEREBY CERTIFY that, on April 17, 2015, I electronically filed the foregoing document with the Clerk of the Court using the Florida E- Filing Portal. By: lsl Steven D. Weber Steven D. Weber 5 CONFIDENTIAL - Filed Under Seal 5829940 -1 SERVICE LIST Robert A. Sweetapple, Esq. SWEETAPPLE, BROEKER & VARKAS, PL 20 S.E. 31d Street Boca Raton, FL 33432 Phone: (561) 392 -1230 Email: pleadings @sweetapplelaw.com Co- Counsel for Defendant 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 5829940 -1 Joanne O'Connor, Esq. John C. Randolph, Esq. Ashlee A. Richman, Esq. JONES, FOSTER, JOHNSTON & STUBBS, P.A. 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33402 Phone: (561) 659-3000 Email: ioconnor @ionesfoster.com irandolph@ionesfoster.com arichman@ionesfoster.com Counsel for Defendant Daniel DeSouza, Esq. DESOUZA LAW, P.A. 1515 N. University Drive, Suite 209 Coral Springs, FL 33071 Phone: (954) 603 -1340 (direct) Email: ddesouza @desouzalaw.com By: s /Steven D. Weber Steven D. Weber CONFIDENTIAL - Filed Under Seal COMPOSITE EXHIBIT A WILLIAM RING BAR COMPLAINT S01od5 The Florida Bar AUG 2 5 2014 D Inquiry /Complaint Form TM gp,. ACAP PART ONE (See Page 1, PART ONE — Complainant Information.): ieawsse., zc4 Your Name: Scott W. Morean Organization: Town of Gulf Stream Address: 100 Sea Rd. City, State, Zip Code: Gulf Stream, FL 33483 Telephone: 561- 276 -5116 E -mail: smorgan@gulf - stream.org ACAP Reference No.: Have you ever filed a complaint against a member of The Florida Bar: Yes No If yes, how many complaints have you filed? Does this complaint pertain to a matter currently in litigation? Yes FYI No F_ PART TWO (See Page 1, PART TWO — Attorney Information.): Attorney's Name: William F. Ring, Jr. (Florida Bar No. 961795) Address: _1286 West Newport Center Dr. City, State, Zip Code: Deerfield Beach, FL 33442 Telephone: 954 - 574 -6885 PART THREE (See Pagel, PART THREE — Facts /Allegations.): The specific thing or things I am complaining about are: (attach additional sheets as necessary) My name is Scott W. Morgan and I am the Mayor of the Town of Gulf Stream. On behalf of the Town, I am filing the attached ten (10) page Complaint. This Complaint is being filed both with The Florida Bar's Attorney /Consumer Assistance Program against the named attorneys for numerous violations of rules of The Florida Bar, and separately with The Florida Bar's Unlicensed Practice of Law Division against Jonathan R. O'Boyle. THE FLORIDA BAR INQUIRY /COMPLAINT FORM AUGUST 25, 2014 WITNESS JOEL CHANDLER 1355 Forrest Park St. Lakeland, FL 33803 tel: 863 - 660 -4244 Counsel for the Town of Gulf Stream has a lengthy statement from Mr. Chandler, which is available for review upon request. PART FOUR (See Page 1, PART FOUR— Witnesses.): The witnesses in support of my allegations are: [see attached sheet]. PART FIVE (See Page 1, PART FIVE — Signature.): Under penalties of perjury, I declare that the foregoing facts are true, correct and complete. Scott W. Morgan Print Name YL�Iv , August 25, 2014 Date Please allow this correspondence to serve as a formal complaint regarding the activities of The O'Boyle Law Firm, P.C., Inc., a Foreign Profit corporation formerly known as Jonathan R. O'Boyle P.C. with its principal place of business in Deerfield Beach, Florida ( "the O'Boyle Law Firm'), and the following attorneys practicing with that furin who are engaged in public records litigation throughout the State of Florida: Jonathan O'Boyle (Florida Bar admission pending) William Ring, Florida Bar No. 961795 Giovani Mesa, Florida Bar No. 86798 Nickalaus Taylor, Florida Bar No. 51629 Verhonda Williams, Florida Bar No. 92607 Ryan Witmer, Florida Bar No. 0107563 The public records litigation prosecuted by this firm and attorneys includes 25 Public Records Act suits filed against the Town of Gulf Stream ("the Town ") since January 2014 on behalf of Martin O'Boyle and entities affiliated with him. I have reason to believe that The O'Boyle Law Firm and its attorneys have violated numerous rules of The Florida Bar including R. Reg. Fla. Bar 4- 1.5(a), 4- 1.5(f), 4 -1.6 and 4 -7.18 and that the firm and attorney Jonathan R. O'Boyle are engaged in the unlicensed practice of law in violation of Rule 4 -5.5. The Town of Gulf Stream seeks restitution pursuant to R. Reg. Fla. Bar. 10 -7.1. The O'Boyle Law Firm f/k/a Jonathan R. O'Boyle P.C. The O'Boyle Law Firm has been operating in Florida since mid -January 2014. It was formed by Jonathan O'Boyle as a Pennsylvania corporation on November 14, 2013. The O'Boyle Law Firm submitted an Application by Foreign Corporation for Authorization to Transact Business in Florida to the Florida Division of Corporations on or about January 15, 2014. In the Application, the O'Boyle Law Firm represented the following: Jonathan O'Boyle is the President and sole officer and director of The O'Boyle Law Firm; A principal office address at address of 1280 W. Newport Center Drive, Deerfield Beach, FL 33442; and A mailing address of 2146 E. Huntingdon Street, Philadelphia, PA 19125 The Application was completed by paralegal Norma Lenna, who provided an email address of nlenna cucommerce -group com. (The Application is available on the Florida Division of Corporations website at.www.sunbiz.om). The O'Boyle Law Firm was registered to transact business with the State of Florida effective February 10, 2014. Non- Florida Bar Member Jonathan R. O'Boyle A recent, 2012 graduate of Drexel University School of Law, Jonathan O'Boyle is admitted to the Pennsylvania Bar (PA Bar #314500). He has apparently passed The Florida Bar examination but has not been admitted to The Florida Bar. Just two months after The O'Boyle Law Firm was incorporated in Pennsylvania in November 2013, Jonathan O'Boyle moved to appear pro hoc vice in Florida state and federal court cases. On January 23, 2014, he filed a sworn Verified Motion for Admission to Appear Pro Hac Vice in the case of Christopher F. O'Hare v. Town of Gulfstream and William H. Thrasher, Jr., Case No.: 2014CA000720X)OC+MB Al, pending before the Honorable Meenu Sasser. In that Motion, Jonathan O'Boyle swore in paragraph 2 that he is a member of The O'Boyle Law Firm with offices at 2146 E. Huntingdon Street, Philadelphia. (That address appears to be a residential property constituting a homestead owned by a relative of Mr. O'Boyle, Kelly L. O'Boyle). He also swore that he is domiciled in and permanently resides at 107 South 130 Street, Longport, New Jersey. In addition to the case before Judge Sasser, Jonathan O'Boyle has applied to appear pro hoc vice in the following Florida cases: • Martin O'Boyle v. Town of Gulf Stream, Case No.: 9:2013 -cv- 80530 -DMM (Middlebrooks, J.) (since dismissed) on June 17, 2013 (see Exhibit "H "); and • Christopher O'Hare v. Town of Gulfsiream, Case No.: 9:13 -CV- 81053 -KLR (Ryskamp, J.), on or about January 13, 2014 (see Exhibit "I "). Although Jonathan O'Boyle represented to the Florida courts that he practiced outside the state, as of April 4, 2014, the Pennsylvania Bar had Jonathan O'Boyle registered as an out -of- state lawyer with an address at the home of his father, Martin O'Boyle, at 23 North Hidden Harbour Drive in Gulfstream, Florida, and a telephone number with a (561) area code. (Exhibit "1 "). Thus, as of April 4, 2014, the Pennsylvania Supreme Court did not reflect that Jonathan O'Boyle actively practiced in the state. More recently, Jonathan O'Boyle has apparently changed his Pennsylvania Bar information and as of May 29, 2014, the Pennsylvania Supreme Court records reflect that he practices in Cambria County, Pennsylvania with an address of 1001 Broad Street, Johnstown, PA. (Exhibit "2 "). Johnston, Pennsylvania is more than five (5) hours from Longport, New Jersey, where Jonathan O'Boyle advised Judge Sasser he resides. The Non -Law Firm Feeder Entities On information and belief, recognizing that the filing of thousands of public records requests to business and public agencies across the State would lead to litigation and statutory attorney's fee entitlements (see Fla. Star. § 119.12), Martin O'Boyle joined with his son Attorney Jonathan O'Boyle and his long -time business associate Attorney Ring to create The O'Boyle Law Firm and, simultaneously, the non - profit foundation CAFI, and to re- activate corporate entities previously formed by Martin O'Boyle for the sole purpose of feeding public records litigation to his son Jonathan O'Boyle and The O'Boyle Law Firm. To this end, the O'Boyle Law Firm's principal place of business is in a suite of offices owned and/or leased by Martin E. O'Boyle a real estate developer who resides in Gulf Stream, Florida. According to Florida Department of State Division of Corporations records available at www.sunbiz.ore, the following entities affiliated with Martin O'Boyle are also located at 1280 West Newport Center Drive, the address the O'Boyle Law Firm first provided the Florida Division of Corporations: Commerce Group, Inc. — a Florida corporation, which has been located at 1280 West Newport Center drive since at least 1992, according to the Florida Division of Corporations. Martin O'Boyle is the President of the Commerce Group and Martin O'Boyle's longtime real estate counsel, William Ring, Esq., is its Vice President. Citizens Awareness Foundation, Inc. — a Florida non -profit corporation incorporated on January 27, 2014, approximately two (2) weeks after the O'Boyle Law Firm applied to do business in Florida. Attorney Ring was the President of CAM from incorporation until the end of June 2014. The current President and former Treasurer (Jan. 27 — June 23, 2014) of CAFI is Denise DeMartini, a non - lawyer and longtime business associate of Martin O'Boyle. The former Executive Director of CAM advises that CAM is funded by Martin O'Boyle. STOPDIRTYGOVERNMENT LLC — a Florida limited liability company established in 2011. Martin O'Boyle is its Manager and Attorney Ring its registered agent. CG Acqusition Company, Inc. — a Florida profit corporation incorporated in 1998. Its officers are Martin O'Boyle and Attorney Ring. According to Joel Chandler, the former Executive Director of CAFI ("Chandler"),' the O'Boyle Law Firm is housed in the offices of the Commerce Group. Commerce Group employees are free to walk through the law firm's space and the two entities shared employees. The O'Boyle Law Firm does not have a separate sign or door to its law offices. While the O'Boyle Law Firm documented a change of address with the Florida Division of Corporations on February 14, 2014, from 1280 to 1286 West Newport Center Drive, that address is across the hall from the Commerce Group space and was not renovated prior to Chandler's resignation from CAM in June 2014. From January 2014 to the present, the aforementioned entities as well as Martin O'Boyle and other individuals and entities affiliated with him (Denise DeMartini, Airline Highway LLC, Asset Enhancement, Inc., Our Public Records, LLC) have made public records requests to the ' As noted at the conclusion of this correspondence, counsel for the Town of Gulf Stream has obtained a lengthy statement from Mr. Chandler and can make that statement available upon request. Town, most if not all directing responses to a domain name used by Martin O'Boyle's real estate development company the Commerce Group, Inc. - recordst7commerce- grouo.com Creation of Citizens Awareness Foundation Inc. ( "CAFI ") In January 2014 Martin O'Boyle contacted Chandler about creating a non - profit foundation to engage in public records and open meetings advocacy. At the time, Chandler had been working as a self - employed civil rights and public records activist. He had considerable experience in making public records requests and in public records request litigation throughout the State of Florida. On or about January 22, 2014, Chandler was invited to the O'Boyle home in Gulf Stream, Florida. At the initial meetings, which included Jonathan O'Boyle, Chandler and the O'Boyle's discussed the creation of the foundation and the O'Boyle Law Firm's capacity for handling public records litigation throughout the state. The O'Boyles had proposed retaining Chandler to work for a non - profit foundation they had already created but Chandler believed a conflict would exist as Jonathan O'Boyle already served as a director of that foundation. CAFI was incorporated as a Florida non - profit corporation on January 27, 2014 and Chandler began work as its Executive Director immediately. The officers and directors of CAFI at that time were Martin O'Boyle's long -time (30 years or more) business associates and employees of the Commerce Group: Attorney Ring, President; Denise DeMartini, Treasurer; and Brenda Russell, Secretary. Chandler was advised (including by Martin O'Boyle) that Martin O'Boyle funds the O'Boyle Law Firm and CAFI. A Commerce Group employee handled payroll for CAFI and, presumably, for the O'Boyle Law Firm. CAFI paid Chandler $120,000 per year to travel the state making hundreds of public records requests to public entities and state contractors. Thereafter, any evidence that would serve as a pretext for a lawsuit was to be forwarded immediately to Jonathan O'Boyle for the filing of litigation. (Chandler had initially requested a reduced salary and the opportunity to continue his own pro se public records litigation but O'Boyle refused). Chandler understood that litigation was only one part of the open government advocacy that CAFI would advance and that he would have the sole authority to authorize public records litigation and to engage law firms on CAFI's behalf. As instructed, Chandler began creating public records requests and legal claims and referring these to the O'Boyle Law Firm. However, almost immediately after Chandler began with CAFI, O'Boyle expressed to him a lack of interest in advocacy efforts. Chandler understood Jonathan O'Boyle to be working full -time at the O'Boyle Law Firm offices in Deerfield Beach and to permanently reside at his parents' home in Gulf Stream, Florida during the time that Chandler was associated with CAFI, from January to June 2014. Jonathan O'Boyle directed the activities of the O'Boyle Law Firm in Florida. At the end of March and in early April 2014, Chandler learned that a receptionist for the Commerce Group had been making public records requests to the Town of Gulf Stream on behalf of CAFI without his knowledge or approval but, instead, at the direction of Martin O'Boyle. Chandler later learned that well over a hundred unauthorized public records requests had been made by the Commerce Group in the foundation's name. In mid -April 2014, Chandler came to learn that Denise DeMartini, Martin O'Boyle's long -time business associate at the Commerce Group and the CAR director to whom Chandler reported, was managing operations of The O'Boyle Law Firm. Chandler attended one meeting of the O'Boyle Law Firm that was run by DeMartini remotely by telephone from her home in Martin County, Florida. The meeting focused on the number of new cases that had been filed rather than management of pending cases. Additionally, while Chandler understood he was participating in order to discuss CAM cases, conversations were had in his presence about other public records cases to which neither he nor CAM nor DeMartini were a party, including cases Chandler had referred to the O'Boyle Law Firm. DeMartini expressed to Chandler on numerous occasions her frustration that CAFI was not generating sufficient new public records cases for the O'Boyle Law Firm. Toward the end of April 2014, in response to an email from Chandler outlining the advocacy and educational outreach contemplated by CAFI employee Cathy Zollo, DeMartini expressed the law firm's expectation that Chandler produce a minimum of 25 new lawsuits a week for the O'Boyle Law Firm to file. Chandler's efforts to refer lawsuits to attorneys other than the O'Boyle Law Firm were rejected. For instance, Chandler suggested that one lawsuit arising out of a public records request made by him on behalf of CAFI, CAFI v. Barnes & Noble College Bookstore, be referred to the Thomas & LoCicero law firm in Tampa. Thomas & LoCicero had represented Chandler for years and he considered them the preeminent open government litigators in Florida. Attorney Ring advised Chandler that after discussing the matter with DeMartini he was not inclined to let Chandler refer any cases to any law firm other than the O'Boyle Law Firm. On May 19, 2014 Chandler met with Ring and DeMartini and again demanded that public records requests and lawsuits cease being filed without his knowledge or approval. After consulting with Martin O'Boyle, Ring and DeMartini agreed that this would no longer occur and confirmed that Chandler had the sole authority to make public records requests as well as to commence or to settle public record request lawsuits. Nevertheless, the O'Boyle Law Firm filed a new lawsuit purportedly on behalf of CAFI against the Town of Gulf Stream and engineering firm Brannon & Gillespie, LLC the very next day (see CAFI v. Gulf Stream and Brannon & Gillespie LLC, Case No. 2014CAXXXXMB006112 AA (15th Judicial Circuit in and for Palm Beach Cty.). DeMartini expressed to Chandler on numerous occasions her frustration that CAFI was not generating sufficient new public records cases. At the end of May 2014, DeMartini repeatedly requested that Chandler prepare verified complaints including templates to be used by the O'Boyle Law Firm in public records request litigation. Chandler refused, citing independent ' In fact, some 40 public records requests were made by CAFI to the Town over a 2 -day period on April 22 and 23, 2014, with directions to respond to imohler( a. citizensawarenessfoundation.ore . advice that to do so would constitute the unlicensed practice of law. Despite this, DeMartini continued to attempt to coax Chandler to draft lawsuits for The O'Boyle Law Firm. In June 2014, Chandler learned that The O'Boyle Law Firm was engaged in what he deemed an attorneys' fee "windfall scheme ". The scheme involved the firm demanding monetary settlements on behalf of CAM far in excess of the actual and reasonable attorneys' fees and expenses incurred and contemplated in F.S. § 119.12 and to keep all of the proceeds including the "windfall ". Ring, Jonathan O'Boyle and DeMartini requested that Chandler approve the scheme. Thereafter Chandler learned that Ring, DeMartini and Jonathan O'Boyle actually represented that Chandler had approved the scheme, even though he had vehemently objected to it. When Chandler expressed his outrage, he was advised that "windfall" settlement demands were being made in accordance with the O'Boyle Law Firm policy. On June 30, 2014 Chandler arrived at the Commerce Group /CAF /O'Boyle Law Firm office and presented his letter of resignation to Ring. On July 3, 2014, CAM filed Articles of Amendment by which DeMartini became its President following Ring's resignation. Ring continues to serve as General Counsel and Vice President of The Commerce Group and is newly associated with The O'Boyle Law Firm. He has filed at least one public records suit on behalf of Martin O'Boyle and STOPDIRTYGOVERNMENT LLC while an attorney at The O'Boyle Law Firm. See STOPDIRTYGOVERNMENT LLC and Martin E. O'Boyle v. Gulf Stream, Case No. 2014CA008529RL (Cty. Court, 15s' Jud. Cit. in and for Pahn Beach Cty.). The Public Records Lawsuits The O'Boyle Law Firm has filed 25 public records lawsuits against the Town of Gulf Stream since January 22, 2014. Those suits have been filed on behalf of Martin O'Boyle, CAFI, STOPDIRTYGOVERNMENT LLC and CG Acquisition Company, Inc. Notwithstanding the hundreds of public records requests made to the Town by Martin O'Boyle and his affiliated entities, including CAFI, The O'Boyle Law Firm has filed every suit arising out of these requests. The O'Boyle Law Firm has now filed hundreds of public records lawsuits throughout the State of Florida but on information and belief, has not filed any such lawsuits in the State of Pennsylvania or elsewhere. Violations of The Florida Bar Rules Sharing Space With Non - Lawyers Sharing Client Confidences The O'Boyle Law Firm's sharing of space with its clients including the Commerce Group, STOPDIRTYGOVERNMENT LLC, CAFI, CG Acquisition Company Inc. and numerous other legal entities that identify 1280 West Newport Center Drive as their principal place of business and have made public records requests to the Town (Asset Enhancement, Inc., Our Public Records, LLC) violates Rule Reg. Fla Bar 4 -1.6 (requiring attorney to preserve in confidence all information relating to representation of his or her clients). See Fla Bar Ethics Op. 88 -15 (Oct. 1, 1988) ( "An attorney must take steps to avoid misleading the public as to the nature of the business activities being conducted within his or her offices. ") Captive Law Firm and Feeder Relationships The Florida Bar rules do not appear to permit the feeder relationship that Martin O'Boyle, Jonathan O'Boyle and William Ring have created whereby a non - profit foundation is created for the sole purpose of generating public records litigation to be sent to a single law firm to pursue attorney's fee claims. Attorney Ring's service as an officer and director of CAFI, an officer of CG Acquisition Company, Inc., a Vice President of the Commerce Group and now as an attorney at the O'Boyle Law Firm, which is prosecuting public records suits on behalf of all of these entities from the same offices evidences the impropriety of this situation. See Fla. Bar Ethics Op. 02 -8 (Jan. 16, 2004) ("this Committee has issued a number of opinions which preclude an attorney from using a nonlegal business as a `feeder' to the attorney's law firm) (citing Fla. Bar Ethics Ops. 88 -15, 79 -3, 78 -14 and 73 -1). The O'Boyle Law Firm is effectively a captive law firm financed by Martin O'Boyle to generate business for his son, who is not a member of The Florida Bar. This relationship violates the solicitation rules of The Florida Bar. See R. Reg. Fla. Bar. 4- 7.18(a). DeMartini's soliciation of business on behalf of The O'Boyle Law Firm is likewise prohibited. Fla. Bar Ethics Op. 89 -4 (Aug. 15, 1989) (law firm may not allow its nonlawyer marketing director to solicit business for the firm in any manner forbidden to lawyers themselves) Windfall Fee Scheme The O'Boyle Law Firm appears to be engaged in a windfall fee scheme that violates The Florida Bar rules. To the extent the firm represented CAFI and other public records clients pursuant to a contingent fee agreement, the agreement had to be in writing and a written closing statement prepared. See Reg. Fla. Bar. 4- 1.5(f)(1), (2) and (5). The Florida Bar Rules also prohibit attorneys from collecting clearly excessive fees and fees "generated by employment that was obtained through advertising or solicitation not in compliance with R. Reg. Fla. Bar. 4- 1.5(a). Unlicensed Practice of Law As set forth above, it appears that Jonathan O'Boyle, a lawyer not admitted to practice in Florida, has "establish[ed] an office or other regular presence in Florida for the practice of law" in violation of R. Reg. Fla. Bar. 4 -5.5. It is also questionable whether The O'Boyle Law Firm is a valid interstate law firm. Fla. Bar. Ethics Op. 74 -78 (Dec. 26, 1974) ( "The partnership [contemplated by an interstate law firm], however, must be a full, bona fide partnership in which the profits and losses of several offices are actually shared according to the terms of a partnership agreement."). See also The Florida Bar v. Savin, 363 So. 2d 559 (Fla. 1978). Counsel for the Town has obtained a lengthy sworn video statement from former CAM Executive Director, Joel Chandler, and can make the transcript and/or the videotape available to The Florida Bar upon request. Under penalty of perjury, I declare that I have read the foregoing document and that to the best of my knowledge and belief the facts stated in it are true. Si r Scott W. Morgan Mayor Town of Gulf Stream 100 Sea Rd. Gulf Stream, FL 33483 Date NICKALAUS B. TAYLOR BAR COMPLAINT The Florida Bar Inquiry/Complaint Form C � D 2o�a PART ONE (See Page 1, PART ONE — Complainant Information. Your Name: Scott W. Morgan Organization: Town of Gulf Stream Address: 100 Sea Rd. City, State, Zip Code: Gulf Stream, FL 33483 Telephone: 561- 276 -5116 E -mail: smorgan@gulf•stream.org ACAP Reference No.: Have you ever filed a complaint against a member of The Florida Bar: Yes f_. No F' If yes, how many complaints have you filed? Does this complaint pertain to a matter currently in litigation? Yes 7_ No F_ PART TWO (See Page 1, PART TWO — Attorney Information.): Attorney's Name: Nickalaus B. Taylor (Florida Bar No. 51629) Address: 1286 West Newport Center Dr. City, State, Zip Code: Deerfield Beach, FL 33442 Telephone: 954 - 574 -6885 PART THREE (See Pagel, PART THREE— Facts/Allegations.): The specific thing or things I am complaining about are: (attach additional sheets as necessary) My name is Scott W. Morgan and I am the Mayor of the Town of Gulf Stream. On behalf of the Town, I am filing the attached ten (10) page Complaint. This Complaint is being filed both with The Florida Bar's Attorney /Consumer Assistance Program against the named attorneys for numerous violations of rules of The Florida Bar, and separately with The Florida Bar's Unlicensed Practice of Law Division against Jonathan R. O'Boyle. THE FLORIDA BAR INQUIRY /COMPLAINT FORM AUGUST 25, 2014 WITNESS JOEL CHANDLER 1355 Forrest Park St. Lakeland, FL 33803 tel: 863 - 660 -4244 Counsel for the Town of Gulf Stream has a lengthy statement from Mr. Chandler, which is available for review upon request. PART FOUR (See Page], PART FOUR— Witnesses.): The witnesses in support of my allegations are: [see attached sheet]. PART FIVE (See Pagel, PART FIVE— Signature.): Under penalties of perjury, I declare that the foregoing facts are true, correct and complete. Scott W. Morgan Print Name e August 25, 2014 Date Please allow this correspondence to serve as a formal complaint regarding the activities of The O'Boyle Law Finn, P.C., Inc., a Foreign Profit corporation formerly known as Jonathan R. O'Boyle P.C. with its principal place of business in Deerfield Beach, Florida ("the O'Boyle Law Firm'), and the following attorneys practicing with that firm who are engaged in public records litigation throughout the State of Florida: Jonathan O'Boyle (Florida Bar admission pending) William Ring, Florida Bar No. 961795 Giovani Mesa, Florida Bar No. 86798 Nickalaus Taylor, Florida Bar No. 51629 Verhonda Williams, Florida Bar No. 92607 Ryan Witmer, Florida Bar No. 0107563 The public records litigation prosecuted by this Act suits filed against the Town of Gulf Stream Martin O'Boyle and entities affiliated with him. firm and attorneys includes 25 Public Records ("the Town ") since January 2014 on behalf of I have reason to believe that The O'Boyle Law Firm and its attorneys have violated numerous rules of The Florida Bar including R. Reg. Fla. Bar 4- 1.5(a), 4- 1.5(f), 4 -1.6 and 4 -7.18 and that the firm and attorney Jonathan R O'Boyle are engaged in the unlicensed practice of law in violation of Rule 4 -5.5. The Town of Gulf Stream seeks restitution pursuant to R. Reg. Fla. Bar. 10 -7.1. The O'Boyle Law Firm CWa Jonathan R. O'Boyle P.C. The O'Boyle Law Firm has been operating in Florida since mid -January 2014. It was formed by Jonathan O'Boyle as a Pennsylvania corporation on November 14, 2013. The O'Boyle Law Firm submitted an Application by Foreign Corporation for Authorization to Transact Business in Florida to the Florida Division of Corporations on or about January 15, 2014. In the Application, the O'Boyle Law Firm represented the following: Jonathan O'Boyle is the President and sole officer and director of The O'Boyle Law Firm; A principal office address at address of 1280 W. Newport Center Drive, Deerfield Beach, FL 33442; and A mailing address of 2146 E. Huntingdon Street, Philadelphia, PA 19125 The Application was completed by paralegal Norma Lemma, who provided an email address of nlenna(a commerce- group.com, (The Application is available on the Florida Division of Corporations website at www.sunbiz.org . The O'Boyle Law Firm was registered to transact business with the State of Florida effective February 10, 2014. Non- Florida Bar Member Jonathan R O'Boyle A recent, 2012 graduate of Drexel University School of Law, Jonathan O'Boyle is admitted to the Pennsylvania Bar (PA Bar 11314500). He has apparently passed The Florida Bar examination but has not been admitted to The Florida Bar. Just two months after The O'Boyle Law Firm was incorporated in Pennsylvania in November 2013, Jonathan O'Boyle moved to appear pro hac vice in Florida state and federal court cases. On January 23, 2014, he filed a sworn Verified Motion for Admission to Appear Pro Hac Vice in the case of Christopher F. O Hare v. Town of Guystream and 1J rlliam H Thrasher, Jr., Case No.: 2014CA000720]D{}DDAB Al, pending before the Honorable Meenu Sasser. In that Motion, Jonathan O'Boyle swore in paragraph 2 that he is a member of The O'Boyle Law Firm with offices at 2146 E. Huntingdon Street, Philadelphia. (That address appears to be a residential property constituting a homestead owned by a relative of Mr. O'Boyle, Kelly L. O'Boyle). He also swore that he is domiciled in and permanently resides at 107 South 13a' Street, Longport, New Jersey. In addition to the case before Judge Sasser, Jonathan O'Boyle has applied to appear pro hac vice in the following Florida cases: • Martin O'Boyle v Town of Gulf Stream, Case No.: 9:2013 -cv- 80530 -DMM (Middlebrooks, J.) (since dismissed) on June 17, 2013 (see Exhibit "IT'); and Christopher O Hare v. Town of Gulfstream, Case No.: 9:13 -CV- 81053 -KLR (Ryskamp, J.), on or about January 13, 2014 (see Exhibit "r'). Although Jonathan O'Boyle represented to the Florida courts that he practiced outside the state, as of April 4, 2014, the Pennsylvania Bar had Jonathan O'Boyle registered as an out -of- state lawyer with an address at the home of his father, Martin O'Boyle, at 23 North Hidden Harbour Drive in Gulfstream, Florida, and a telephone number with a (561) area code. (Exhibit "I "). Thus, as of April 4, 2014, the Pennsylvania Supreme Court did not reflect that Jonathan O'Boyle actively practiced in the state. More recently, Jonathan O'Boyle has apparently changed his Pennsylvania Bar information and as of May 29, 2014, the Pennsylvania Supreme Court records reflect that he practices in Cambria County, Pennsylvania with an address of 1001 Broad Street, Johnstown, PA. (Exhibit "2 "). Johnston, Pennsylvania is more than five (5) hours from Longport, New Jersey, where Jonathan O'Boyle advised Judge Sasser he resides. The Non -Law Firm Feeder Entities On information and belied recognizing that the filing of thousands of public records requests to business and public agencies across the State would lead to litigation and statutory attorney's fee entitlements (see Fla. Stat. § 119.12), Martin O'Boyle joined with his son Attorney Jonathan O'Boyle and his long -time business associate Attorney Ring to create The O'Boyle Law Firm and, simultaneously, the non -profit foundation CAFI, and to re- activate corporate entities previously formed by Martin O'Boyle for the sole purpose of feeding public records litigation to his son Jonathan O'Boyle and The O'Boyle Law Firm. To this end, the O'Boyle Law Firm's principal place of business is in a suite of offices owned and/or leased by Martin E. O'Boyle a real estate developer who resides in Gulf Stream, Florida. According to Florida Department of State Division of Corporations records available at www.sunbiz.ore, the following entities affiliated with Martin O'Boyle are also located at 1280 West Newport Center Drive, the address the O'Boyle Law Firm first provided the Florida Division of Corporations: Commerce Group, Inc. — a Florida corporation, which has been located at 1280 West Newport Center drive since at least 1992, according to the Florida Division of Corporations. Martin O'Boyle is the President of the Commerce Group and Martin O'Boyle's longtime real estate counsel, William Ring, Esq., is its Vice President, Citizens Awareness Foundation, Inc. — a Florida non -profit corporation incorporated on January 27, 2014, approximately two (2) weeks after the O'Boyle Law Firm applied to do business in Florida. Attorney Ring was the President of CAM from incorporation until the end of June 2014. The current President and former Treasurer (Jan_ 27 — June 23, 2014) of CAFI is Denise DeMartini, a non- lawyer and longtime business associate of Martin O'Boyle. The former Executive Director of CAFI advises that CAFI is funded by Martin O'Boyle. STOPDIRTYGOVERNMENT LLC — a Florida limited liability company established in 2011. Martin O'Boyle is its Manager and Attorney Ring its registered agent. CG Acqusition Company, Inc. — a Florida profit corporation incorporated in 1998. Its officers are Martin O'Boyle and Attorney Ring. According to Joel Chandler, the former Executive Director of CAFI ( "Chandler "),' the O'Boyle Law Firm is housed in the offices of the Commerce Group. Commerce Group employees are free to walk through the law firm's space and the two entities shared employees. The O'Boyle Law Firm does not have a separate sign or door to its law offices. While the O'Boyle Law Firm documented a change of address with the Florida Division of Corporations on February 14, 2014, from 1280 to 1286 West Newport Center Drive, that address is across the hall from the Commerce Group space and was not renovated prior to Chandler's resignation from CAR in June 2014. From January 2014 to the present, the aforementioned entities as well as Martin O'Boyle and other individuals and entities affiliated with him (Denise DeMartini, Airline Highway LLC, Asset Enhancement, Inc., Our Public Records, LLC) have made public records requests to the 'As noted at the conclusion of this correspondence, counsel for the Town of Gulf steam has obtained a lengthy statement from Mr. Chandler and can make that statement available upon request. Town, most if not all directing responses to a domain name used by Martin O'Boyle's real estate development company the Commerce Group, Inc. - records(@commerce- aroup.com Creation of Citizens Awareness Foundation Inc. ( "CAFP') In January 2014 Martin O'Boyle contacted Chandler about creating a non -profit foundation to engage in public records and open meetings advocacy. At the time, Chandler had been working as a self - employed civil rights and public records activist. He had considerable experience in making public records requests and in public records request litigation throughout the State of Florida On or about January 22, 2014, Chandler was invited to the O'Boyle home in Gulf Stream, Florida. At the initial meetings, which included Jonathan O'Boyle, Chandler and the O'Boyle's discussed the creation of the foundation and the O'Boyle Law Firm's capacity for handling public records litigation throughout the state. The O'Boyles had proposed retaining Chandler to work for a non -profit foundation they had already created but Chandler believed a conflict would exist as Jonathan O'Boyle already served as a director of that foundation. CAFI was incorporated as a Florida non -profit corporation on January 27, 2014 and Chandler began work as its Executive Director immediately. The officers and directors of CAM at that time were Martin O'Boyle's long -time (30 years or more) business associates and employees of the Commerce Group: Attorney Ring, President; Denise DeMartini, Treasurer, and Brenda Russell, Secretary. Chandler was advised (including by Martin O'Boyle) that Martin O'Boyle funds the O'Boyle Law Firm and CAFI. A Commerce Group employee handled payroll for CAFI and, presumably, for the O'Boyle Law Firm. CAM paid Chandler $120,000 per year to travel the state making hundreds of public records requests to public entities and state contractors. Thereafter, any evidence that would serve as a pretext for a lawsuit was to be forwarded immediately to Jonathan O'Boyle for the filing of litigation. (Chandler had initially requested a reduced salary and the opportunity to continue his own pro se public records litigation but O'Boyle refused). Chandler understood that litigation was only one part of the open government advocacy that CAR would advance and that he would have the sole authority to authorize public records litigation and to engage law firms on CAM's behalf. As instructed, Chandler began creating public records requests and legal claims and referring these to the O'Boyle Law Firm. However, almost immediately after Chandler began with CAR, O'Boyle expressed to him a lack of interest in advocacy efforts. Chandler understood Jonathan O'Boyle to be working full -time at the O'Boyle Law Firm offices in Deerfield Beach and to permanently reside at his parents' home in Gulf Stream, Florida during the time that Chandler was associated with CAFI, from January to June 2014. Jonathan O'Boyle directed the activities of the O'Boyle Law Firm in Florida. At the end of March and in early April 2014, Chandler learned that a receptionist for the Commerce Group had been making public records requests to the Town of Gulf Stream on behalf of CAM without his knowledge or approval but, instead, at the direction of Martin O'Boyle. Chandler later learned that well over a hundred unauthorized public records requests had been made by the Commerce Group in the foundation's name.2 fn mid -April 2014, Chandler came to learn that Denise DeMartini, Martin O'Boyle's long -time business associate at the Commerce Group and the CAFI director to whom Chandler reported, was managing operations of The O'Boyle Law Firm. Chandler attended one meeting of the O'Boyle Law Finn that was run by DeMartini remotely by telephone from her home in Martin County, Florida. The meeting focused on the number of new cases that had been filed rather than management of pending cases. Additionally, while Chandler understood he was participating in order to discuss CAM cases, conversations were had in his presence about other public records cases to which neither he nor CAFI nor DeMartini were a party, including cases Chandler had referred to the O'Boyle Law Finn. DeMartini expressed to Chandler on numerous occasions her frustration that CAM was not generating sufficient new public records cases for the O'Boyle Law Firm. Toward the end of April 2014, in response to an email from Chandler outlining the advocacy and educational outreach contemplated by CAFI employee Cathy Zollo, DeMartini expressed the law first's expectation that Chandler produce a minimum of 25 new lawsuits a week for the O'Boyle Law Firm to file. Chandler's efforts to refer lawsuits to attorneys other than the O'Boyle Law Firm were rejected. For instance, Chandler suggested that one lawsuit arising out of a public records request made by him on behalf of CAFI, CAFI v. Barnes & Noble College Bookstore, be referred to the Thomas & LoCicero law faro in Tampa. Thomas & LoCicero had represented Chandler for years and he considered them the preeminent open government litigators in Florida. Attorney Ring advised Chandler that after discussing the matter with DeMartini he was not inclined to let Chandler refer any cases to any law firm other than the O'Boyle Law Firm. On May 19, 2014 Chandler met with Ring and DeMartini and again demanded that public records requests and lawsuits cease being filed without his knowledge or approval. After consulting with Martin O'Boyle, Ring and DeMartini agreed that this would no longer occur and confirmed that Chandler had the sole authority to make public records requests as well as to commence or to settle public record request lawsuits. Nevertheless, the O'Boyle Law Finn filed a new lawsuit purportedly on behalf of CAFI against the Town of Gulf Stream and engineering firm Brannon & Gillespie, LLC the very next day (see CAFI v. Gulf Stream and Brannon & Gillespie LLC, Case No. 2014CAXXXKMB006112 AA (15" Judicial Circuit in and Tor Palm Beach Cty.). DeMartini expressed to Chandler on numerous occasions her frustration that CAFI was not generating sufficient new public records cases. At the end of May 2014, DeMartini repeatedly requested that Chandler prepare verified complaints including templates to be used by the O'Boyle Law Firm in public records request litigation. Chandler refused, citing independent ' Tn fact, some 40 public records requests were made by CAFI to the Town over a 2 -day period on April 22 and 23, 2014, with directions to respond to imohler(@ citizensawarenessfoundation.org . advice that to do so would constitute the unlicensed practice of law. Despite this, DeMartini continued to attempt to coax Chandler to draft lawsuits for The O'Boyle Law Firm. In June 2014, Chandler learned that The O'Boyle Law Firm was engaged in what he deemed an attorneys' fee "windfall scheme ". The scheme involved the firm demanding monetary settlements on behalf of CAFI far in excess of the actual and reasonable attorneys' fees and expenses incurred and contemplated in F.S. §119.12 and to keep all of the proceeds including the "windfall". Ring, Jonathan O'Boyle and DeMartini requested that Chandler approve the scheme. Thereafter Chandler learned that Ring, DeMartini and Jonathan O'Boyle actually represented that Chandler had approved the scheme, even though he had vehemently objected to it. When Chandler expressed his outrage, he was advised that "windfall" settlement demands were being made in accordance with the O'Boyle Law Firm policy. On June 30, 2014 Chandler arrived at the Commerce Group /CAF /O'Boyle Law Firm office and presented his letter of resignation to Ring. On July 3, 2014, CAM filed Articles of Amendment by which DeMartini became its President following Ring's resignation. Ring continues to serve as General Counsel and Vice President of The Commerce Group and is newly associated with The O'Boyle Law Firm. He has filed at least one public records suit on behalf of Martin O'Boyle and STOPDIRTYGOVERNMENT LLC while an attorney at The O'Boyle Law Firm. See STOPDIRTYGOVERNMENT LLC and Martin E O 'Boyle v. Gulf Stream, Case No. 2014CA008529RL (Cty. Court, 15"' Jud. Cir. in and for Palm Beach Cry.). The Public Records Lawsuits The O'Boyle Law Firm has filed 25 public records lawsuits against the Town of Gulf Stream since January 22, 2014. Those suits have been filed on behalf of Martin O'Boyle, CAFI, STOPDIRTYGOVERNMENT LLC and CG Acquisition Company, Inc. Notwithstanding the hundreds of public records requests made to the Town by Martin O'Boyle and his affiliated entities, including CAFI, The O'Boyle Law Firm has filed every suit arising out of these requests. The O'Boyle Law Firm has now filed hundreds of public records lawsuits throughout the State of Florida but, on information and belief, has not filed any such lawsuits in the State of Pennsylvania or elsewhere. Violations of The Florida Bar Rules Sharing Space With Non - Lawyers, Sharing Client Confidences The O'Boyle Law Firm's sharing of space with its clients including the Commerce Group, STOPDIRTYGOVERNMENT LLC, CAFI, CG Acquisition Company Inc. and numerous other legal entities that identify 1280 West Newport Center Drive as their principal place of business and have made public records requests to the Town (Asset Enhancement, Inc., Our Public Records, LLC) violates Rule Reg. Fla Bar 4 -1.6 (requiring attorney to preserve in confidence all information relating to representation of his or her clients). See Fla. Bar Ethics Op. 88 -15 (Oct. 1, 1988) ("An attorney must take steps to avoid misleading the public as to the nature of the business activities being conducted within his or her offices. ") Captive Law Firm and Feeder Relationships The Florida Bar rules do not appear to permit the feeder relationship that Martin O'Boyle, Jonathan O'Boyle and William Ring have created whereby a non -profit foundation is created for the sole purpose of generating public records litigation to be sent to a single law firm to pursue attorney's fee claims. Attorney Ring's service as an officer and director of CAFI, an officer of CG Acquisition Company, Inc., a Vice President of the Commerce Group and now as an attorney at the O'Boyle Law Firm, which is prosecuting public records suits on behalf of all of these entities from the same offices evidences the impropriety of this situation. See Fla. Bar Ethics Op. 02 -8 (Jan. 16, 2004) ( "this Committee has issued a number of opinions which preclude an attorney from using a nonlegal business as a `feeder' to the attorney's law firm) (citing Fla. Bar Ethics Ops. 88 -15, 79 -3, 78 -14 and 73 -1). The O'Boyle Law Firm is effectively a captive law firm financed by Martin O'Boyle to generate business for bis son, who is not a member of The Florida Bar. This relationship violates the solicitation rules of The Florida Bar. See R Reg. Fla. Bar. 4- 7.18(a). DeMartini's soliciation of business on behalf of The O'Boyle Law Firm is likewise prohibited. Fla. Bar Ethics Op. 89-4 (Aug. 15, 1989) (law firm may not allow its nonlawyer marketing director to solicit business for the firm in any manner forbidden to lawyers themselves) Windfall Fee Scheme The O'Boyle Law Firm appears to be engaged in a windfall fee scheme that violates The Florida Bar rules. To the extent the firm represented CAFI and other public records clients pursuant to a contingent fee agreement, the agreement had to be in writing and a written closing statement prepared. See Reg. Fla. Bar. 4- 1.5(0(1), (2) and (5). The Florida Bar Rules also prohibit attorneys from collecting clearly excessive fees and fees "generated by employment that was obtained through advertising or solicitation not in compliance with R. Reg. Fla. Bar. 4- 1.5(a). Unlicensed Practice of Law As set forth above, it appears that Jonathan O'Boyle, a lawyer not admitted to practice in Florida, has "establish[ed] an office or other regular presence in Florida for the practice of law" in violation of R. Reg. Fla. Bar. 4-5.5. It is also questionable whether The O'Boyle Law Firm is a valid interstate law firm. Fla. Bar. Ethics Op. 74 -78 (Dec. 26, 1974) ("The partnership [contemplated by an interstate law firm], however, must be a full, bona fide partnership in which the profits and losses of several offices are actually shared according to the terms of a partnership agreement. "). See also The Florida Bar v. Savitt, 363 So. 2d 559 (Fla. 1978). Counsel for the Town has obtained a lengthy swom video statement from former CAR Executive Director, Joel Chandler, and can make the transcript and/or the videotape available to The Florida Bar upon request. Under penalty of perjury, I declare that I have read the foregoing document and that to the best of my knowledge and belief the facts stated in it are true. Si Scott W. Morgan Mayor Town of Gulf Stream 100 Sea Rd. Gulf Stream, FL 33483 ZJ� � Date GIOVANI MESA BAR COMPLAINT The Florida Bar Inquiry/Complaint Form Rp �c�[EadE AUG 2 7 201b D PART ONE (See Page 1, PART ONE— Complainant Information.): T° ," Your Name: Scott W. Organization: Town of Gulf Stream Address: 100 Sea Rd. City, State, Zip Code: Gulf Stream, FL 33483 Telephone: 561- 276 -5116 E -mail: smorgan@gulf- stream.org ACAP Reference No.: Have you ever filed a complaint against a member of The Florida Bar: Yes F_ No FXT If yes, how many complaints have you filed? Does this complaint pertain to a matter currently in litigation? Yes I X No F_ PART TWO (See Page 1, PART TWO — Attorney Information.): Attorney's Name: Giovani Mesa (Florida Bar No. 86798) Address: 1286 West Newport Center Dr. City, State, Zip Code: Deerfield Beach, FL 33442 Telephone: 954 - 574-6885 PART THREE (See Page 1, PART THREE — Facts /Allegations.): The specific thing or things I am complaining about are: (attach additional sheets as necessary) My name is Scott W. Morgan and I am the Mayor of the Town of Gulf Stream. On behalf of the Town, I am filing the attached ten (10) page Complaint. This Complaint is being filed both with The Florida Bar's Attorney /Consumer Assistance Program against the named attorneys for numerous violations of rules of The Florida Bar, and separately with The Florida Bar's Unlicensed Practice of Law Division against Jonathan R. O'Boyle. THE FLORIDA BAR INQUIRY /COMPLAINT FORM AUGUST 25, 2014 WITNESS JOEL CHANDLER 1355 Forrest Park St. Lakeland, FL 33803 to I: 863 - 660 -4244 Counsel for the Town of Gulf Stream has a lengthy statement from Mr. Chandler, which is available for review upon request. PART FOUR (See Page 1, PART FOUR — Witnesses.): The witnesses in support of my allegations are: [see attached sheet]. PART FIVE (See Page 1, PART FIVE — Signature.): Under penalties of perjury, I declare that the foregoing facts are true, correct and complete. Scott W. Morgan Print Name 4�rjt/� S e August 25, 2014 Date Please allow this correspondence to serve as a formal complaint regarding the activities of The O'Boyle Law Firm, P.C., Inc., a Foreign Profit corporation formerly known as Jonathan R. O'Boyle P.C. with its principal place of business in Deerfield Beach, Florida ( "the O'Boyle Law Firm "), and the following attorneys practicing with that firm who are engaged in public records litigation throughout the State of Florida: Jonathan O'Boyle (Florida Bar admission pending) William Ring, Florida Bar No. 961795 Giovani Mesa, Florida Bar No. 86798 Nickalaus Taylor, Florida Bar No. 51629 Verhonda Williams, Florida Bar No. 92607 Ryan Witmer, Florida Bar No. 0107563 The public records litigation prosecuted by this firm and attorneys includes 25 Public Records Act suits filed against the Town of Gulf Stream ( "the Town ") since January 2014 on behalf of Martin O'Boyle and entities affiliated with him. I have reason to believe that The O'Boyle Law Firm and its attorneys have violated numerous rules of The Florida Bar including R. Reg. Fla. Bar 4- 1.5(a), 4- 1.5(f), 4-1.6 and 4 -7.18 and that the firm and attorney Jonathan R. O'Boyle are engaged in the unlicensed practice of law in violation of Rule 4-5.5. The Town of Gulf Stream seeks restitution pursuant to R. Reg. Fla. Bar. 10 -7.1. The O'Boyle Law Firm Vk1a Jonathan R. O'Boyle P.C. The O'Boyle Law Firm has been operating in Florida since mid -January 2014. It was formed by Jonathan O'Boyle as a Pennsylvania corporation on November 14, 2013. The O'Boyle Law Firm submitted an Application by Foreign Corporation for Authorization to Transact Business in Florida to the Florida Division of Corporations on or about January 15, 2014. In the Application, the O'Boyle Law Firm represented the following: Jonathan O'Boyle is the President and sole officer and director of The O'Boyle Law Firm; A principal office address at address of 1280 W. Newport Center Drive, Deerfield Beach, FL 33442; and A mailing address of 2146 E. Huntingdon Street, Philadelphia, PA 19125 The Application was completed by paralegal Norma Lenna, who provided an email address of nlcommerce- 2roup.com. (The Application is available on the Florida Division of Corporations website at www.sunbiz.orel. The O'Boyle Law Firm was registered to transact business with the State of Florida effective February 10, 2014. Non - Florida Bar Member Jonathan R O'Boyle A recent, 2012 graduate of Drexel University School of Law, Jonathan O'Boyle is admitted to the Pennsylvania Bar (PA Bar 9314500). He has apparently passed The Florida Bar examination but has not been admitted to The Florida Bar. Just two months after The O'Boyle Law Firm was incorporated in Pennsylvania in November 2013, Jonathan O'Boyle moved to appear pro hac vice in Florida state and federal court cases. On January 23, 2014, he filed a swom Verified Motion for Admission to Appear Pro Hac Vice in the case of Christopher F. O'Hare v. Town of Guljstream and William H Thrasher, Jr., Case No.: 2014CA000720,N)CXXv1B AI, pending before the Honorable Meenu Sasser. In that Motion, Jonathan O'Boyle swore in paragraph 2 that he is a member of The O'Boyle Law Firm with offices at 2146 E. Huntingdon Street, Philadelphia. ('that address appears to be a residential property constituting a homestead owned by a relative of Mr. O'Boyle, Kelly L. O'Boyle). He also swore that he is domiciled in and permanently resides at 107 South 13's Street, Longport, New Jersey. In addition to the case before Judge Sasser, Jonathan O'Boyle has applied to appear pro hac vice in the following Florida cases: • Martin O'Boyle v. Town of Guy,, Stream, Case No.: 9:2013 -cv- 80530 -DMM (Middlebrooks, J.) (since dismissed) on June 17, 2013 (see Exhibit 'W'); and Christopher O'Hare v. Town of Gul stream, Case No.: 9:13 -CV- 81053 -KLR (Ryskamp, J.), on or about January 13, 2014 (see Exhibit "I"). Although Jonathan O'Boyle represented to the Florida courts that he practiced outside the state, as of April 4, 2014, the Pennsylvania Bar had Jonathan O'Boyle registered as an out -of- state lawyer with an address at the home of his father, Martin O'Boyle, at 23 North Hidden Harbour Drive in Gulfstream, Florida, and a telephone number with a (561) area code. (Exhibit "1 "). Thus, as of April 4, 2014, the Pennsylvania Supreme Court did not reflect that Jonathan O'Boyle actively practiced in the state. More recently, Jonathan O'Boyle has apparently changed his Pennsylvania Bar information and as of May 29, 2014, the Pennsylvania Supreme Court records reflect that he practices in Cambria County, Pennsylvania with an address of 1001 Broad Street, Johnstown, PA. (Exhibit "2 "). Johnston, Pennsylvania is more than five (5) hours from Longport, New Jersey, where Jonathan O'Boyle advised Judge Sasser he resides. The Non -Law Firm Feeder Entities On information and belief, recognizing that the filing of thousands of public records requests to business and public agencies across the State would lead to litigation and statutory attorney's fee entitlements (see Fla. Stat. § 119.12), Martin O'Boyle joined with his son Attorney Jonathan O'Boyle and his long -time business associate Attorney Ring to create The O'Boyle Law Firm and, simultaneously, the non -profit foundation CAFI, and to re- activate corporate entities previously formed by Martin O'Boyle for the sole purpose of feeding public records litigation to his son Jonathan O'Boyle and The O'Boyle Law Firm. To this end, the O'Boyle Law Firm's principal place of business is in a suite of offices owned and/or leased by Martin E. O'Boyle a real estate developer who resides in Gulf Stream, Florida. According to Florida Department of State Division of Corporations records available at www.sunbiz.ore, the following entities affiliated with Martin O'Boyle are also located at 1280 West Newport Center Drive, the address the O'Boyle Law Firm first provided the Florida Division of Corporations: Commerce Group, Inc. — a Florida corporation, which has been located at 1280 West Newport Center drive since at least 1992, according to the Florida Division of Corporations. Martin O'Boyle is the President of the Commerce Group and Martin O'Boyle's longtime real estate counsel, William Ring, Esq., is its Vice President. Citizens Awareness Foundation, Inc. — a Florida non -profit corporation incorporated on January 27, 2014, approximately two (2) weeks after the O'Boyle Law Firm applied to do business in Florida. Attorney Ring was the President of CAFI from incorporation until the end of June 2014. The current President and former Treasurer (Jan. 27 — June 23, 2014) of CAFI is Denise DeMartini, a non - lawyer and longtime business associate of Martin O'Boyle. The former Executive Director of CAFI advises that CAM is funded by Martin O'Boyle. STOPDIRTYGOVERNMENT LLC — a Florida limited liability company established in 2011. Martin O'Boyle is its Manager and Attorney Ring its registered agent. CG Acqusition Company, Inc. — a Florida profit corporation incorporated in 1998. Its officers are Martin O'Boyle and Attorney Ring. According to Joel Chandler, the former Executive Director of CAFI ( "Chandler's' the O'Boyle Law Firm is housed in the offices of the Commerce Group. Commerce Group employees are free to walk through the law firm's space and the two entities shared employees. The O'Boyle Law Firm does not have a separate sign or door to its law offices. While the O'Boyle Law Firm documented a change of address with the Florida Division of Corporations on February 14, 2014, from 1280 to 1286 West Newport Center Drive, that address is across the hall from the Commerce Group space and was not renovated prior to Chandler's resignation from CAFI in June 2014. From January 2014 to the present, the aforementioned entities as well as Martin O'Boyle and other individuals and entities affiliated with him (Denise DeMartini, Airline Highway LLC, Asset Enhancement, Inc., Our Public Records, LLC) have made public records requests to the 'As noted at the conclusion of this correspondence, counsel for the Town of Gulf Stream has obtained a lengthy statement from Mr. Chandler and can make that statement available upon request. Town, most if not all directing responses to a domain name used by Martin O'Boyle's real estate development company the Commerce Group, Inc. - records(@commerce-Uoup.com Creation of Citizens Awareness Foundation Inc. (°CAFP') In January 2014 Martin O'Boyle contacted Chandler about creating a non -profit foundation to engage in public records and open meetings advocacy. At the time, Chandler had been working as a self- employed civil rights and public records activist. He had considerable experience in making public records requests and in public records request litigation throughout the State of Florida On or about January 22, 2014, Chandler was invited to the O'Boyle home in Gulf Stream, Florida At the initial meetings, which included Jonathan O'Boyle, Chandler and the O'Boyle's discussed the creation of the foundation and the O'Boyle Law Firm's capacity for handling public records litigation throughout the state. The O'Boyles had proposed retaining Chandler to work for a non -profit foundation they had already created but Chandler believed a conflict would exist as Jonathan O'Boyle already served as a director of that foundation. CAM was incorporated as a Florida non - profit corporation on January 27, 2014 and Chandler began work as its Executive Director immediately. The officers and directors of CAR at that time were Martin O'Boyle's long -time (30 years or more) business associates and employees of the Commerce Group: Attorney Ring, President; Denise DeMartini, Treasurer, and Brenda Russell, Secretary. Chandler was advised (including by Martin O'Boyle) that Martin O'Boyle funds the O'Boyle Law Firm and CAFI. A Commerce Group employee handled payroll for CAM and, presumably, for the O'Boyle Law Firm. CAFI paid Chandler $120,000 per year to travel the state making hundreds of public records requests to public entities and state contractors. Thereafter, any evidence that would serve as a pretext for a lawsuit was to be forwarded immediately to Jonathan O'Boyle for the filing of litigation. (Chandler had initially requested a reduced salary and the opportunity to continue his own pro se public records litigation but O'Boyle refused). Chandler understood that litigation was only one part of the open government advocacy that CAFI would advance and that he would have the sole authority to authorize public records litigation and to engage law firms on CAM's behalf. As instructed, Chandler began creating public records requests and legal claims and referring these to the O'Boyle Law Firm. However, almost immediately after Chandler began with CAFI, O'Boyle expressed to him a lack of interest in advocacy efforts. Chandler understood Jonathan O'Boyle to be working full -time at the O'Boyle Law Firm offices in Deerfield Beach and to permanently reside at his parents' home in Gulf Stream, Florida during the time that Chandler was associated Vri1h CAFI, from January to June 2014. Jonathan O'Boyle directed the activities of the O'Boyle Law Firm in Florida. At the end of March and in early April 2014, Chandler learned that a receptionist for the Commerce Group had been making public records requests to the Town of Gulf Stream on behalf of CAR without his knowledge or approval but, instead, at the direction of Martin O'Boyle. Chandler later learned that well over a hundred unauthorized public records requests had been made by the Commerce Group in the foundation's name.2 In mid -April 2014, Chandler came to learn that Denise DeMartini, Martin O'Boyle's long -time business associate at the Commerce Group and the CAR director to whom Chandler reported, was managing operations of The O'Boyle Law Firm. Chandler attended one meeting of the O'Boyle Law Firm that was run by DeMartini remotely by telephone from her home in Martin County, Florida. The meeting focused on the number of new cases that had been filed rather than management of pending cases. Additionally, while Chandler understood he was participating in order to discuss CAFI cases, conversations were had in his presence about other public records cases to which neither he nor CAM nor DeMartini were a party, including cases Chandler had referred to the O'Boyle Law Firm. DeMartini expressed to Chandler on numerous occasions her frustration that CAFI was not generating sufficient new public records cases for the O'Boyle Law Firm. Toward the end of April 2014, in response to an email from Chandler outlining the advocacy and educational outreach contemplated by CAFI employee Cathy Zollo, DeMartini expressed the law rum's expectation that Chandler produce a minimum of 25 new lawsuits a week for the O'Boyle Law Firm to file. Chandler's efforts to refer lawsuits to attorneys other than the O'Boyle Law Finn were rejected. For instance, Chandler suggested that one lawsuit arising out of a public records request made by him on behalf of CAR, CAFI v. Barnes & Noble College Bookstore, be referred to the Thomas & LoCicero law firm in Tampa. Thomas & LoCicero had represented Chandler for years and he considered them the preeminent open government litigators in Florida. Attorney Ring advised Chandler that after discussing the matter with DeMartini he was not inclined to let Chandler refer any cases to any law firm other than the O'Boyle Law Firm. On May 19, 2014 Chandler met with Ring and DeMartini and again demanded that public records requests and lawsuits cease being filed without his knowledge or approval. After consulting with Martin O'Boyle, Ring and DeMartini agreed that this would no longer occur and confirmed that Chandler had the sole authority to make public records requests as well as to commence or to settle public record request lawsuits. Nevertheless, the O'Boyle Law Firm filed a new lawsuit purportedly on behalf of CAM against the Town of Gulf Stream and engineering firm Brannon & Gillespie, LLC the very next day (see CAR v. Gul(Stream and Brannan & Gillespie LLC, Case No. 2014CA}OXv1B006112 AA (15°i Judicial Circuit in and for Palm Beach Cty.). DeMartini expressed to Chandler on numerous occasions her frustration that CAM was not generating sufficient new public records cases. At the end of May 2014, DeMartini repeatedly requested that Chandler prepare verified complaints including templates to be used by the O'Boyle Law Firm in public records request litigation. Chandler refused, citing independent 'In fact, some 40 public records requests were made by CAFI to the Town over a 2-day period on April 22 and 23, 2014, with directions to respond to imohler &, citizensawarenessfoundation.or¢ . advice that to do so would constitute the unlicensed practice of law. Despite this, DeMartini continued to attempt to coax Chandler to draft lawsuits for The O'Boyle Law Firm. In June 2014, Chandler learned that The O'Boyle Law Firm was engaged in what he deemed an attorneys' fee `windfall scheme ". The scheme involved the firm demanding monetary settlements on behalf of CAM far in excess of the actual and reasonable attorneys' fees and expenses incurred and contemplated in F.S. § 119.12 and to keep all of the proceeds including the "windfall". Ring, Jonathan O'Boyle and DeMartini requested that Chandler approve the scheme. Thereafter Chandler learned that Ring, DeMartini and Jonathan O'Boyle actually represented that Chandler had approved the scheme, even though he had vehemently objected to it. When Chandler expressed his outrage, he was advised that "windfall' settlement demands were being made in accordance with the O'Boyle Law Firm policy. On June 30, 2014 Chandler arrived at the Commerce Group /CAF /O'Boyle Law Firm office and presented his letter of resignation to Ring. On July 3, 2014, CAFI filed Articles of Amendment by which DeMartini became its President following Ring's resignation. Ring continues to serve as General Counsel and Vice President of The Commerce Group and is newly associated with The O'Boyle Law Firm. He has filed at least one public records suit on behalf of Martin O'Boyle and STOPDIRTYGOVERNMENT LLC while an attorney at The O'Boyle Law Firm. See STOPDIRTYGOVERArAMW LLC and Martin E O'Boyle v Gulf Stream, Case No. 2014CA008529RL (Cty. Court, 15'h Jud. Cir. in and for Palm Beach Cry.). The Public Records Lawsuits The O'Boyle Law Firm has filed 25 public records lawsuits against the Town of Gulf Stream since January 22, 2014. Those suits have been filed on behalf of Martin O'Boyle, CAFI, STOPDIRTYGOVERNMINT LLC and CG Acquisition Company, Inc. Notwithstanding the hundreds of public records requests made to the Town by Martin O'Boyle and his affiliated entities, including CAFI, The O'Boyle Law Firm has filed every suit arising out of these requests. The O'Boyle Law Firm has now filed hundreds of public records lawsuits throughout the State of Florida but, on information and belief; has not filed any such lawsuits in the State of Pennsylvania or elsewhere. Violations of The Florida Bar Rules Sharing Space With Non- Lawyers. Sharing Client Confidences The O'Boyle Law Finn's sharing of space with its clients including the Commerce Group, STOPDIRTYGOVERNMENT LLC, CAFI, CG Acquisition Company Inc. and numerous other legal entities that identify 1280 West Newport Center Drive as their principal place of business and have made public records requests to the Town (Asset Enhancement, Inc., Our Public Records, LLC) violates Rule Reg. Fla. Bar 4-1.6 (requiring attorney to preserve in confidence all information relating to representation of his or her clients). See Fla. Bar Ethics Op. 88 -15 (Oct 1, 1988) ("An attorney must take steps to avoid misleading the public as to the nature of the business activities being conducted within his or her offices.'D Captive Law Finn and Feeder Relationships The Florida Bar rules do not appear to permit the feeder relationship that Martin O'Boyle, Jonathan O'Boyle and William Ring have created whereby a non -profit foundation is created for the sole purpose of generating public records litigation to be sent to a single law firm to pursue attorney's fee claims. Attorney Ring's service as an officer and director of CAFI, an officer of CG Acquisition Company, Inc., a Vice President of the Commerce Group and now as an attorney at the O'Boyle Law Firm, which is prosecuting public records suits on behalf of all of these entities from the same offices evidences the impropriety of this situation. See Fla. Bar Ethics Op. 02 -8 (Jan. 16, 2004) ( "this Committee has issued a number of opinions which preclude an attorney from using a nonlegal business as a `feeder' to the attorney's law firm) (citing Fla. Bar Ethics Ops. 88 -15, 79 -3, 78 -14 and 73 -1). The O'Boyle Law Firm is effectively a captive law firm financed by Martin O'Boyle to generate business for his son, who is not a member of The Florida Bar. This relationship violates the solicitation rules of The Florida Bar. See R. Reg. Fla. Bar. 4- 7.18(a). DeMartini's soliciation of business on behalf of The O'Boyle Law Firm is likewise prohibited. Fla. Bar Ethics Op. 89-4 (Aug. 15, 1989) (law firm may not allow its nonlawyer marketing director to solicit business for the firm in any manner forbidden to lawyers themselves) Windfall Fee Scheme The O'Boyle Law Firm appears to be engaged in a windfall fee scheme that violates The Florida Bar rules. To the extent the firm represented CAM and other public records clients pursuant to a contingent fee agreement, the agreement had to be in writing and a written closing statement prepared. See Reg. Fla. Bar. 4- 1.5(f)(1), (2) and (5). The Florida Bar Rules also prohibit attorneys from collecting clearly excessive fees and fees "generated by employment that was obtained through advertising or solicitation not in compliance with R. Reg. Fla. Bar. 4- 1.5(a). Unlicensed Practice of Law As set forth above, it appears that Jonathan O'Boyle, a lawyer not admitted to practice in Florida, has "establish[ed] an office or other regular presence in Florida for the practice of law" in violation of R. Reg. Fla. Bar. 4-5.5. It is also questionable whether The O'Boyle Law Firm is a valid interstate law firm. Fla. Bar. Ethics Op. 74-78 (Dec. 26, 1974) ( "The partnership [contemplated by an interstate law firm], however, must be a full, bona fide partnership in which the profits and losses of several offices are actually shared according to the terms of a partnership agreement. "). See also The Florida Bar v. Savitt, 363 So. 2d 559 (Fla. 1978). Counsel for the Town has obtained a lengthy sworn video statement from former CAFI Executive Director, Joel Chandler, and can make the transcript and/or the videotape available to The Florida Bar upon request. Under penalty of perjury, I declare that I have read the foregoing document and that to the best of my knowledge and belief the facts stated in it are true. Si Scott W. Morgan Mayor Town of Gulf Stream 100 Sea Rd. Gulf Stream, FL 33483 Date From: OConnor, Joanne M. [ mailto :JOConnor @jonesfoster.com] Sent: Friday, June 19, 2015 3:57 PM To: Jonathan O'Boyle Cc: Elaine Johnson James; Ken Drake; Kelly Avery; Macfarlane, Mary Subject: Public Records Request -J. O'Boyle UPL Complaint Jonathan — I spoke to Elaine James yesterday and she advised that she will be withdrawing the motion to deem the bar complaints confidential. Once that is filed, we will produce any public records that constitute drafts of the original complaint or correspondence with the Town regarding the preparation of that complaint. Please find attached a partial production in response to your request for communications with the Florida Bar regarding the UPL complaint. Also attached is Invoice No. 10182 from Sweetapple, Broeker & Varkas, PL. I will follow up with you early next week once Mayor Morgan and Kelly Avery return regarding any additional responsive records. We consider your request relative to Scott Morgan's May 21, 2015 letter to be completed. Regards, Joanne JONESFOSTER CmuuravrsTVeac rx. Joanne M. O'Connor Attorney Direct Dial: 561.650.0498 1 Fax: 561.650.5300 1 ioconnor0lionesfoster.com Jones, Foster,. Johnston & Stubbs, P.A. Hagler Center lower, 505 South Hagler Drive, Suite 1 100, West Palm Beach, Florida 33401 561 -659 -3000 1 www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is Personal to the named recipicnt(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. if so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us be email and delete the original message. LAW OFFICES OF SWEETAPPLE, BROEKER & VARKAS, P.L. DOUGLAS C. BROWER, P.A. 44 West Fiagler Street, Ste. 1500 Miami, Florida 33130 -6817 Telephone: (305) 374 -5623 Facsimile: (305) 358.1023 ROBERT A. SWEEPAPPLE', •• DOUGLAS C. BROEKER ALEXANDER D. VARKAS, JR, KADISHA D. PHELPS ASHLEIGH M. GREENE • BaABBCDiiiFiEaDBU5Maf9 LIri0ATON ATIOPMY •• BOAaa CPRTPaJ)eIVIL1WALATieaVEY September 3, 2014 Janet Branford Morgan, Esquire The Florida Bar Lakeshore Plaza II 1300 Corcord Terrace,. Suite 130 Sunrise, Florida 33483 SWEETAPPLE & VARKAS, P.A. 20 S.E. 3'° Street Boca Raton, Florida 33432 -4914 Telephone: (561) 392 -1230 Facsimile: (561) 394 -6102 Please Reply To: Boer Raton E -Mail: rswectapple@Meetapplelaw.wm avarkas@sweetapplclaw.com kphelps @meetapplelaw.com cbailey(akweetapplelaw. com dsmith@sweetapplelew.com Paralegals: Cynthia J. Bailey, CP, FCP, FRP Deborah Smith, CP, FRP Jamie Arden, FRP Re: Unauthorized Practice of Law Complaint against Jonathan R. O'Boyle File No. 20151027(17C) Dear Ms. Morgan: Your letter of August 29, 2014 addressed to Mayor Morgan has been forwarded to me. Enclosed please find a copy of the videotaped statement of Joel Chandler with accompanying transcript that was referenced in Mayor Morgan's Complaint. Very truly yours, OBERT A. SWEETAPPLE Sweetapple, Broeker, Varkas, P.L. 20 South East 3rd. Street Boca Raton, FL 33432 Telephone: (561)392-1230 Fax: (561)394-6102 VN OF GULF STRE ► PAYMENT APPROVED4 Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 August 22, 2014 Invoice No. 10182 Client Number: 00949 Town of Gulf Stream Matter Number: 1679 O'Boyle vs. Town of Gulf Stream For Services Rendered Through 8/2212014. AV Fees 1.75 Date Tmknr Description Hours Amount 07/26/2014 RS Meeting with- regarding - and s 125 $437.50 - (Saturday). $1 ?00.00 07282014 RS Read treatise on =and cases. (Sunday). 1.25 5437.50 07292014 RS Work on-; Conference with opposing counsel. 3.00 $1,050.00 07/30/2014 RS Receive and review motion and emails; Work on 1.60 $560.00 Conference with A. Varkas regarding _ and _ Draft and finalize letter to Smith and Taylor enclosing Notice of 07/302014 RS Conference with Joanne; Review all additional PRRs emails; 2.30 $805.00 Conference with Hanna; Meeting with A. Varkas regarding 08/012014 AV Take notes. 1.75 5612.50 08/012014 JW Research and write memo of law on 6.00 $1 ?00.00 (Dates 07/22, 07/23, 07/31). 08/042014 CB Draft and finalize letter to Smith and Taylor enclosing Notice of 020 50.00 Videotaped Deposition of M. O'Boyle; Draft and finalize Notice of Videotaped Deposition of M. O'Boyle. 08/04/2014 AV Conference reviewing and 2.00 $700.00 making notes. 08/042014 RS Review subpoenas and PRR; Conference. 1.25 S437.50 Continued On Next Page REDACTED PER 119.071(1)(d)I CUM Number: 00949 0822/22/2 01 4 Matter Number: 1679 02 08/04/2014 RS Conference regarding 850 $2,975.00 -; Receive and review emai s; Continue dictation of —; Review over 90 public records requests and articles; Conferences with Joanne; Set deposition and prepare letter. (Date 08/03). 081042014 RS Continue work on . (Evening). 2.00 $700.00 08/052014 CB Update_ with R. Sweetapple changes. 0.60 $0.00 08105122014 AV Finish reviewing • Westlaw search (natural 3.00 $1,050.00 data base Kean and summarize cases). 081052014 RS Review —case 0.60 $210.00 Conference regarding 08/05/2014 RS Receive and review Motion for P.O.; Set hearing; Revise _ 2.40 $840.00 Review memos provided by O'Boyle aw trm regar mg 5 081062014 CB Draft and finalize Notice of Hearing on Plaintiff Motion for 0.20 $0.00 Protective Order, Email with opposing counsel; Send hearing package to Judge; Draft and finalize letter to Judge Blanc. 081062014 RS Conference with Joanne; Conference in Richman office. 0.40 $140.00 08107/2014 RS Conference with Joanne; Conference with o osin counsel- 4.00 $1,400.00 Prepare spoliation letters; Outline Dra ence; �ecerve and re view emat s. 08/07/2014 CB Draft and finalize spoilation letters; Email with opposing counsel; 1.00 $0.00 Update letter to Gavagni; Letter to Richman; Email the spoilation letters to: Commerce Group, J. O'Boyle, M. O'Boyle, D. Demartini, W. Ring, CAR, R. Witmer, V. Taylor; Draft Amended Notice of Hearing for 8.12 file. 081082014 RS Outline_ issues and dictate memo. 1.50 5525.00 08/082014 CB Prepare hearing folder for M. O'Boyle's Motion for Protective 0.50 $0.00 Order; Emails with opposing counsel. 08/112014 RS 14.00 $4,900.00 orized practice of law; *ayor; Mi ; Receive and review entails with em, with Hanna; Conference with Joanne and Scott; Begin review and outline )Dates 08/09 and 08/10). 08/122014 RS Prepare all and Meeting with Gerry Richman and Joanne 3.50 S1,225.00 O'Connor regar ing cases; Bar complaint; Unauthorized practice of law; Conference with Scott Morgan. Continued On Next Page REDACTED PER 119.071(1)(d)l Client Number. 00949 Matter Number: 1679 08222014 Page: 3 08/122014 RS Conference with , Continue outline statement; Motion 2.75 $962.50 with Hanna regar ing settlement O'Hare. 081142014 RS Conference with Joanne; Review filing by O'Hare and O'Boyle law 1.00 $350.00 0723/2014 firm. 522120 08/1412014 RS Conference with Gerry regardin�; Conference with 0.80 $280.00 07282014 Joanne; Conference Fla. Bar. 283.75 08/152014 RS Emails to Hanna; Conference in Richman's office; Conference 0.40 $140.00 with Joanne. (Date 08/14). Total Costs $852.75 08118/2014 RS Prepare for hearing (evening); Review multiple emails with Hanna 1.25 5437.50 regarding O'Hare. 08/182014 RS Conference with Scott; Travel and attend meetings with Joanne, 325 $1,137.50 Scott and Richman; Work on� 09/18/2014 RS Conference with Scott and Delray's legal counsels. 0.50 $175.00 08/19/2014 RS Prepare travel and attend hearing; Conference with Joanne and 3.50 $1,225.00 Richman; Meeting with city manager and conference with Scott; Receive and review emails. 08/192014 RS Review letter and motion; Prepare letter. 0.50 $175.00 08202014 RS Receive and review emails from Taylor; Conference. 0.30 $105.00 08202014 RS Prepare Motion and email; Conference with Joanne. 0.60 $210.00 08212014 RS Meeting with Scott; Conference with Joanne; Conference with 2.20 $770.00 witness; Conference with opposing counsel. 08212014 RS Conference with Joanne and Scott. 0.20 $70.00 08/2 1 20 14 RS Review motions; Prepare letter. 0.50 $175.00 Continued On Next Page REDACTED PER 119.071(1)(d)l Billable Hours / Fees: 82.55 526,417.50 Cost Detail Date Description Amount Check No. 0723/2014 Mileage at S0.56!mile 522120 07282014 Postage - July 2014 4.80 07282014 Photocopy Charges -July 2014 283.75 08222014 Photocopy Charges - August 2014 343.00 Total Costs $852.75 Continued On Next Page REDACTED PER 119.071(1)(d)l Clibt Number: 00949 Matter Number: 1679 Prior Balance: $17,902.50 Last Payment: 07/31!1014 Payments Received: (S17,902.50) y Current Fees: $26,417.50 Advanced Casts: $852.75 TOTAL AMOUNT DUE: $27,270.25 0o I — JS ii0 PLEASE REMIT TO: SWEETAPPLE. BROEKER & VARKAS. P.L. 20 S.E. 3rd. STREET, BOCA RATON, PL 33432 PLEASE INDICATE INVOICE NUMBER ON CHECK. THANK YOU! 08!12/2014 Page: 4 TOWN OF GULF STREAM OPERATING ACCOUNT 0 12244 81291101♦ 20 S.E 3rd STREET I I DISCOUN I NET AEOUNT INOENUReER GAE DESCRIPTION t 10182 822/2014 August legal $27,270.25 SO, GO 527,270.2' Totals. 527,270.25 50.00 527,2701! 00 1.53110- 513 -10 Legal Serv¢cs - Admm ax _ 12244 TOWN OF GULF STREAM WW SUNTRUST BANK HARHOOR OPERATING ACCOUNT 63.215163t 100 SEA ROAD CHECK DATE CHECK NO. GULF STREAM. FL 33493.7427 (561) 27 65119 00949 8 129 /2014CHECKAMOUW44 RAY , TO THE "Twenty seven thousand two hundred seventy and 25/100 Dollars" ORDER $" 27,270.25 OF SWEETAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 3rd STREET BOCA RATON, FL 33432 '. M1iFpfl ®SI6NAT1RiE M 640122446' LAW OFFICES OF SWEETAPPLE, BROEKER & VARKAS, P.L. DOUGLAS C. BROEKER, PA 44 West Flagler Street, Ste, 1500 Miami, Florida 33130.6817 Telephone: (305) 374 -5623 Facsimile: (305) 358.1023 ROBERTA. SWEETAPPLE •, •• DOUGLASC. BROEKER ALEXANDER D. VARKAS, JR. KADISHA D. PHELPS ASHLEIGH M. GREENE • ao.wa ceanrmn euswassurwnnox nTraumr •• eau�a rranm:oovatuu. xrmsxar September 10, 2014 Janet Branford Morgan, Esquire The Florida Bar Lakeshore Plaza R 1300 Coftord Terrace, Suite 130 Sunrise, Florida 33483 SWEETAPPLE B!. VARKAS, P.A. 20 S.E. 3' Street Boca Raton, Florida 334324914 Telephone: (561) 392.1230 Facsimile: (561) 394.6102 Please Reply Ta: Boca Raton E -Mail: nwectapple@sweetapplelaw.com avarkas©sweetapplelaw.com kphelps@meetapplelaw.wm elmile)- sweetapplelaw.com dsmidi@swwtapplelew.com Paralegals: Cynthia J. Bailey, CP, FCP, FRP Deborah Smith, CP, FRP Jamie Arden, FRP Re: Unauthorized Practice of Law Complaint against Jonathan R. O'Boyle File No. 20151027(17C) Dear Ms. Morgan: Related to the above matter, enclosed is a copy of a Motion for Sanctions and referenced exhibits. Very truly yours, ROBERT A. SWEETAPPLE RAS:cjb Encl. 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. SWEErAPPLE •, •• DOUGLAS C. BROEKER ALEXANDERD. VARKAS,JK KADISHA D. PHELPS ASHLEIGH M. GREENE ' BOAPD LFATnIm BU51MES51lfIWTpN ATRYIAEY •• wAaamxivimnmmr,unrnwa:v November 10, 2014 UNLICENSED PRACTICE OF LAW Ms. Michelle Gavagni, Executive Director Florida Board of Bar Examiners 1891 Eider Court Tallahassee, Florida 32399-1750 Re: Applicant—Jonathan O'Boyle Dear Ms. Gavagni: SWEEFAPPLE & VARKAS, P.A. 20 S.E. 3' Street Boca Raton, Florida 334324914 Telephone: (561) 392-1230 Facsimile: (561) 394-6102 Please Reply To: Boca Raton E -Mail: rsweelapplelu sweelapplelaw.com avultm@swectapplelaw.com kplrelpsl;,a'sweelapplelaw.com cbailey@sweclapplelaw.com dsmilh@sweetapplelaw.com Paralegals: Cynthia 1. Dailey, CP, FCP, FRP Deborah Smith, CP, FRP Jamie Arden, FRP In furtherance of complaints filed against Jonathan O'Boyle and The O'Boyle Law Firm, P.C., I have enclosed the following: 1. Exhibit 3 from the deposition of Martin O'Boyle, wherein Jonathan O'Boyle filed a memorandum of law in a town proceeding indicating he was attorney of record for Martin O'Boyle; 2. A copy of the Motion to Disqualify, Motion for Sanctions, and Amendment to Motion without Prejudice for Sanctions with attachments. Please note that we dismissed the Motion to Disqualify solely because we believe that a Bar complaint and a separate action for the unauthorized practice of law were the appropriate remedies; 3. A copy of the videotaped deposition and transcript of Martin O'Boyle; and 4. A copy of an article published on November 9, 2014 by Florida Center for Investigative Reporting concerning The O'Boyle Law Firm and Citizens Awareness Foundation, Inc. We are forwarding these materials to you in furtherance of the Town of Gulf Stream's complaint pursuant to our obligation under the Rules Regulating the Florida Bar 4-5.5 and 4-8.3. RAS:cjb Enclosures Very truly yours, ROBERT A. SWEETAPPLE LAW OmcEsor SW EUAPPLE, BROERER & VARKA , P.L IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA MARTIN E. O'BOYLE, CASE NO.: 502014CA004474X)OCCMB DIVISION: AG Plaintiff, V. TOWN OF GULF STREAM, Defendant, DEFENDANT'S MOTION FOR SANCTIONS AGAINST PLAINTIFF MARTIN E. O'BOYLE, COUNSEL OF RECORD, THE O'BOYLE LAW FIRM P.C., JONATHAN WAND WILLIAM RING, ESQUIRE Defendant, Town Of Gulf Stream, moves this Court for the imposition of sanctions against Plaintiff, Martin E. O'Boyle, Counsel of Record, the O'Boyle Law Firm, P.C., Inc., its President, Jonathan O'Boyle, and William Ring, Esquire, for unprofessional, unethical and abusive litigation tactics, and as grounds therefore would show the Court that: 1. On May 30, 2014, Defendant, through its counsel, Sweetapple, Broeker & Varkas, P.L., and Jones, Foster, Johnson & Stubbs, P.A., filed Defendant's Motion to Disqualify the O'Boyle Law Firm, P.C., Inc., or in the Alternative, for an Evidentiary Hearing (hereinafter the "Motion "). 2. This Motion has been withdrawn without prejudice as Defendant is seeking other remedies with regard to the matters addressed in the Motion. 3. Significantly, the O'Boyle Law Firm, P.C., Inc., registered as a Florida foreign profit corporation on February 10, 2014, claiming its principal office as 2146 E. Huntingdon Street, Philadelphia, Pennsylvania. 4. Upon information and belief, at the time of registering the O'Boyle Law Firm, P.C., Inc. (hereinafter the "O'Boyle Law Firm "), as a Florida foreign profit corporation, the O'Boyle Law Firm LAW OFFICES OF S WEETAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 3PD STREET, BOCA RATON, FLORIDA 33432 -3911 Martin E. O'Boyle v. Town of Gulfstream CASE NO. 502014CA004474XXXXMBAG (PALM BEACH COUNTY) appears to have had no real business presence in Philadelphia, Pennsylvania. Although it was registered as a Pennsylvania Corporation on November 14, 2013, it further appears that: a. The O'Boyle Law Firm did not own or lease any commercial space there. b. The O'Boyle Law Firm did not have a business telephone line. c. The O'Boyle Law Firm had no employees and paid no salaries. d. The O'Boyle Law Firm did not pay city, state or federal taxes because it had no employees. e. The O'Boyle Law Firm did not obtain an occupational license to conduct business in the City of Philadephia. f. The O'Boyle Law Firm's sole principal, officer and director, Jonathan O'Boyle, used his Florida cell phone number (561- 758 - 1223), as the firm telephone number. g. Jonathan O'Boyle is a member of the Pennsylvania Bar, but not of the Florida Bar. h. Jonathan O'Boyle advised the Pennsylvania Bar that he is an out -of -state attorney with an address in Florida. i. Jonathan O'Boyle advised the Pennsylvania Bar that his address is in the Town of Gulf Stream, Florida at 23 N. Hidden Harbour Drive, his parent's home address. j. At the time of the opening of the O'Boyle Law Firm in Florida, Jonathan O'Boyle resided and was domiciled in Florida. k. When the O'Boyle Law Firm opened in Florida, it was operated out of his father, Martin O'Boyle's, office at West Newport Center Drive, Deerfield Beach, Florida. It is still operated out of this building, which is owned or controlled by Martin O'Boyle. 2 LAW OFFICES OF SWEETAPPLE, 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) 1. Since opening the O'Boyle Law Firm, Jonathan O'Boyle has had a constant presence in the State of Florida handling legal matters for his father and his father's businesses, including at least four (4) pro hac vice appearances. m. Jonathan O'Boyle has misrepresented his residence as part of his filings with the Court and/or the Bar. 5. Immediately after Defendant filed "the Motion ", Plaintiff, Martin O'Boyle (hereinafter "O'Boyle ") and his counsel, William Ring, requested a meeting with Joanne M. O'Connor, John C. Randolph and Sidney Stubbs of the Jones Foster law firm. 6. On June 4, 2014, O'Boyle, William Ring, Joanne O'Connor, and John Randolph met in the offices of Jones Foster. Mr. Stubbs was not in attendance. 7. O'Boyle indicated the meeting should be confidential in nature as it was called for the purpose of arriving at a settlement. However, Plaintiff then proceeded to issue implicit threats, stating that as a result of the Motion, which was directed at O'Boyle's son's law firm, O'Boyle intended to take steps against opposing counsel and their children. O'Boyle also made an implicit threat of physical violence stating, "You know I've never been a violent person. These hands have never touched anyone." O'Boyle inquired regarding opposing counsel, Joanne O'Connor's, marital status and threatened to hire investigators to "watch counsel's daughter to see if she slips up." 8. O'Boyle further stated that he was going to open sober houses throughout the Town of Gulf Stream. 9. These statements were made for the purpose of intimidating counsel, including undersigned counsel. The above conduct has caused undersigned counsel's co- counsel to become witnesses with regard to these events and this motion. 3 LAW OFFICES OF SwEETAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 3RD STREET, BOCA RATON, FLORIDA 33432 -3911 Martin E. O'Boyle v. Town of Gulfstream CASE NO. 502014CA004474XXXXMBAG (PALM BEACH COUNTY) 10. Following the meeting, John Randolph wrote a letter to William Ring informing him that the meeting did not involve settlement discussions and therefore it would not be treated as confidential, Exhibit "1 ". 11. After the meeting, O'Boyle commenced to have airborne banners flown on a daily basis over Palm Beach County. Some of the banners read: DATE TIME ACTIVITY MESSAGE 06/05(14 @ 2:00 pm Banner Plane "JONES FOSTER CLIENTS, CHECK YOUR BILLS" 06/06/14 @2:00 pm Banner Plane "JF DON'T DRINK & DRIVE --WE'LL BE WATCHING" 06110114 @2:00 pm Banner Plane "HAS JONES FOSTER EMBRACED A BAD APPLET' 06/13/14 @11:10 am Banner Plane "JONES FOSTER — YOUR BILLS MAKE ME PUKE„ 06/20/13 @11:00 am Banner Plane "SWEET APPLES ARE =APPLEI RIGHT JF" 06/24/14 @10:38 am Banner Plane "SWEET APPLES ARE BEST BOILED IN OIL" 12. On June 6, 2014, O'Boyle had his attorney and business associate, William Ring, Esquire, form a Florida limited liability company called "Sweet Apple Sober Houses, LLC ", Exhibit "2 ", an obvious reference to a defense counsel's surname. 13. In addition, on June 13, 2014, O'Boyle appeared before a meeting of the Gulf Stream Town Commission and made false and defamatory allegations against Gulf Stream's co- counsel, Robert Sweetapple, stating that a Judge of the First District Court of Appeal had found that "Mr. Sweetapple consistently misrepresented testimony and failed to acknowledge well - established case law, including Supreme Court precedents." (Exhibit "3 ") This statement is patently untrue, and was made to undermine the Town's confidence in its attorney. 14. The above threats and conduct have occurred with the knowledge, cooperation and complicity of William Ring, Jonathan O'Boyle and the O'Boyle Law Firm. Specifically, this misconduct is being 4 LAW OFFICES OF SWEETAPPLE, 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) undertaken to pressure and intimidate defense counsel into not pursuing the issue of whether the O'Boyle Law Firm is a bona fide Interstate Law Firm. 15. The issue of whether the O'Boyle Law Firm is a bona fide Interstate Law Firm is one that should be resolved according to law. It should not be the subject of harassment, intimidation and air raids by opposing counsel and their client. 16. The misconduct is unprofessional, unethical and it constitutes an egregious example of litigation abuse. These tactics go beyond zealous representation and are designed to interfere with defense counsels' ethical obligation to their client. Such conduct undermines society's commitment to the resolution of disputes in courts of law, rather than in the streets or in the sky. 17. While citizens enjoy the constitutional right of free speech, that protection is afforded to truthful speech, and while attorneys must zealously represent their client's interests, they are also officers of the court, and are prohibited from disparaging witnesses and attorneys, or otherwise undermining the administration of justice. 18. It is well settled that the trial court has inherent jurisdiction to sanction parties and their counsel for litigation abuse. In this instance, Plaintiff and his counsel have sought to cease any litigation or determination of the bona fides of the O'Boyle Law Firm by threatening and instituting reprisals against counsel, their client and families. 19. While O'Boyle has the right to continue to make a spectacle of himself, he, with the assistance of counsel, cannot impugn, malign and attempt to extort opposing parties or their counsel as part of the litigation process. 20. Abusive conduct is not a novelty for O'Boyle, who has left a historic trail of abusive litigation. 5 LAW OFFICES OF S WEETAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 3° STREET, BOCARATON, FLORIDA 33432.3911 Martin E. O'Boyle v. Town of Gulfstream CASE NO.502014CA004474XXXXMBAG (PALM BEACH COUNTY) 21. O'Boyle has abused the legal system in several states by overwhelming local municipal governments and a State Attorney's office with the filing of thousands of public records requests and abusive litigation. 22. The case of Martin E. O'Boyle v. Peter Isen, 2014 WL 340104 (N.J.Super.A.D.), issued by the Superior Court of New Jersey, Appellate Division, on appeal from case no. L- 2341 -08, is attached hereto as Exhibit "411. The Court noted, From September 2007 through early July 2008, plaintiff and members of his family filed multiple requests pursuant to the Open Public Records Act (OPRA), NJ.S.A. 47:1A -1 to -13. Longport's only clerk worked part-time, and she did not address the requests within the time required by statute. At one point, the clerk went to the emergency room because of the stress she attributed to the flood of OPRA requests. And, in February 2008, the Borough's solicitor notified plaintiff that it would not accept any additional OPRA requests he filed, explaining that the numerous requests were substantially disrupting governmental services. The solicitor claimed that Longport had received 190 requests on October 16 and 17 and thirty filed October 31, 2007. In the Isen case, O'Boyle sued a resident of Longport for claiming O'Boyle was "the enemy of Longport". The suit for defamation was dismissed by summary judgment and affirmed by the appellate court. ' 23. Similarly, when his daughter was being prosecuted for driving under the influence, O'Boyle inundated the Palm Beach County State Attorney's Office both individually and through companies he controls with over 1,300 requests for public records. (attached hereto as Exhibit "51'). 24. In an interview with the Palm Beach Post discussing his dealings with then candidate Dave Aronberg, O'Boyle stated, My view in life is: Take whatever shots you like at me, because I'm a big boy and I can handle them. But don't mess with my kids, my wife or my home. Don't do it. Don't. Because I'll come at you with every resource I have. And there's a lot. (attached hereto as Exhibit "6"). LAW OFFICES OFSWEETAPPLE, BROEKER & VARKAs, P.L. 20 S.E. 3p0 STREET, BOLA RATON, FLORIDA 33432-3911 Martin E. O'Boyle v. Town of Gulfstream CASE NO. 502014CA004474XXXXMBAG (PALM BEACH 25. In litigation before the United States Court of Appeals for the Sixth Circuit, Mr. O'Boyle received an adverse summary judgment ruling on a legal malpractice claim against a law firm, arising out of a representation where O'Boyle defaulted on an $8.9 million mortgage. The Court ordered O'Boyle to pay fees and costs to the defendants, and additionally sanctioned O'Boyle. In so ordering, the Tennessee court noted that: "More than seven years of frivolous litigation, litigation spawned by the zealous temperament of O'Boyle, has placed an extreme burden on the Clerk of this Court over and above the everyday course of business... The Court believes and finds that O'Boyle's conduct is the result of intransigence and stubborn litigiousness on his part, which the Court is not willing to tolerate." See O'Boyle v. Shulman, Rogers, et, al., 436 Fed.Appx. 449, 2011 WL 3510250 (C.A.6 (Tenn.) (attached hereto as Exhibit "7). 26. O'Boyle and his counsel fail to recognize that a Plaintiff and its counsel are subject to the Rules of Court. The fact that the bona fides of his son's alleged interstate law firm are being challenged is not justification for his use of intimidation, threats, extortion or slurs. 27. O'Boyle's counsel must be careful not to advise or condone conduct that interferes with or illegally exploits the legal system. An attorney must control the client or, under certain circumstances, subject himself to a claim of complicity. "[A] lawyer is ... an officer of the legal system, and a public citizen having special responsibility for the quality of justice." Preamble, Chapter 4, Rules Regulating the Florida Bar. An attorney has a duty to refrain from advocacy that undermines or interferes with the functioning of the judicial system. See Malautea v. Suzuki Motor Co., Ltd., 987 F.2d 1536, 1546 (11th Cir.1993) "An attorney's duty to a client can never outweigh his or her responsibility to see that our system of justice functions smoothly. This concept is as old as common lawjurisprudence itself. "); see, e.g., rules 4- 3.5(c) ( "a lawyer shall not engage in conduct intended to disrupt a tribunal "), and 4- 8.4(d) (a lawyer shall not "engage in conduct in connection with the practice of law that is prejudicial to the LAW OFFICES OF SWEETAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 3' STREEr, BOCA RATON, FLORIDA 33432 -3911 Martin E. O'Boyle v. Town of Gulfstream CASE NO. 502014CA004474XXXXMBAG (PALM BEACH COUNTY) administration of justice, including to knowingly ... disparage ... witnesses ... or other lawyers on any basis..... .. ), Rules Regulating The Florida Bar. When professional judgment does not restrain a lawyer's zealous advocacy, however, the courts must act to assure that aggressive advocacy does not frustrate or disrupt the administration of judicial proceedings. See In Re Terry, 128 U.S. 289, 302, 9 S.Ct. 77, 79, 32 L.Ed. 405 (1888); Sandstrom v. State, 309 So.2d 17 (Fla. 4th DCA 1975), cert, dismissed, 336 So.2d 572 (F1a.1976); see also Louis S. Raveson, Advocacy and Contempt: Constitutional Limitations on the Judicial Contempt Power, Part One: The Conflict Between Advocacy and Contempt, 65 Wash.L.Rev. 477, 539-40 (1990). Carnival Corp v. Beverly, 744 So.2d 489 (Fla. I" DCA 1999) 28. The O'Boyle Law Firm and William Ring have continued to represent O'Boyle in perpetrating these unethical and abusive activities. That conduct should also be sanctioned. WHEREFORE, Defendant prays this Court enter appropriate sanctions for litigation abuse against Plaintiff, Martin E. O'Boyle, his Counsel of Record, the O'Boyle Law Firm, P.C., Inc., Jonathan O'Boyle, President of the O'Boyle Law Firm, and William Ring, Esquire, including striking Plaintiff's pleadings, entering an order prohibiting Plaintiff from exploiting his right to litigate in a manner that impugns and threatens opposing counsel. Defendant also seeks an award of attorneys' fees and costs for bringing the motion. 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 ROBERTA. SWEETAPPLE Florida Bar No. 0296988 LAW OFFICES OF SWEETAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 3R° STREEr, BOCA RATON, 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 P day of July, 2014 to: Giovani Mesa, Esquire, 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: gmesa @oboylelawfinm.com, ntaylor@oboylelawfirm.com); Jonathan O'Boyle, Esquire, President, The O'Boyle Law Firm, P.C., 1286 West Newport Center Drive, Deerfield Beach, Florida 33442 (Telephone:)- 954 - 574 -6885; E -mail: joboyle @oboylelawfirm.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 -3475 (Telephone:) -561- 659 -3000; Email: joconnor(§jonesfoster.com; jrandolph@jonesfoster.com; arichman@jonesfoster.com); and William Ring, Esquire, Commerce Group, Inc., 1280 West Newport Center Drive, Deerfield Beach, Florida 33224 (Telephone: 1- 954 -570 -3510; Email: wring @commerce - group.com). By: ROBERT A. S WEETAPPLE Florida Bar No. 0296988 9 LAW OFFICES OF SwmAPPLF, BROEKER & VAaKAs, P.L. 20 S.E. 3' STREET, BOLA RATAN, FLORIDA 33432 -3911 JOI INS ION R s i unnS. P.A. JOINTESFOSTER June 4, 2014 VIA EMAIL (wrin-qC@-commerce- group.com) AND REGULAR U.S. MAIL William F. Ring, Jr., Esquire 1280 West Newport Center Drive Deerfield Beach, FL 33442 RE: Meeting of June4, 2014 Dear Mr. Ring: John C. Randolph Attorney 561.650 -0458 Fax: 561 -650 -5300 jrandolph@jonesfaster com Yesterday you requested a meeting between you and your client, Martin E. O'Boyle, and me and my partner, Joanne O'Connor. We represent the Town of Gulf Stream. I Inquired as to the subject matter of the meeting, but you would not disclose it in advance. At the outset of this afternoon's meeting, your client requested that our communications be treated as privileged settlement communications regarding pending litigation. We agreed that our communications would be treated as such only to the extent that they were, in fact, communications regarding the settlement of pending litigation. We specifically advised you that the privilege would not apply to any discussions relating to future litigation or threats of future action. Please be advised that because none of today's discussions concerned the potential settlement of any pending litigation between our clients, we do not consider them to be privileged settlement discussions under Florida law. Sincerely, JONES, FOSTER, JOHNSTON & STUBBS, P.A. By ZJohnC. Rand ol h EXHIBIT JCR .,mtm p:idnce113147\0005I%11r111I7198 If= Since 1924 1 West Palm Ileach I Jupiter ^ -- -- 1 lae6r ( cm,r II... r, i119 Somit Ilaglcr lint, Sulk IIII0 Vest Ihhn lk.d1 I hukh ti -i0i n•ww.loncsrostcacum Detail by Entity Name M Detail by Entity Name Florida Limited Liability Company SWEET APPLE SOBER HOUSES, LLC Filing Information Document Number L14000091296 FEI /EIN Number NONE Date Filed 06/06/2014 State FL Status ACTIVE Effective Date 06/06/2014 Principal Address 1280 WEST NEWPORT CENTER DRIVE DEERFIELD BEACH, FL 33442 Mailing Address 1280 WEST NEWPORT CENTER DRIVE DEERFIELD BEACH, FL 33442 Registered Agent Name & Address RING, WILLIAM F, JR. 1280 WEST NEWPORT CENTER DRIVE DEERFIELD BEACH, FL 33442 Authorized Person(s) Detail Name & Address Title MGR O'BOYLE, MARTIN E 1280 WEST NEWPORT CENTER DRIVE DEERFIELD BEACH, FL 33442 Annual Reports No Annual Reports Filed Document Images 06/06/2014 — Florida Limited Liability I View image in PDF format I Page I of 2 IN http: // search. sunbiz. org / Inquiry/ CorporationSearch/ SearchResultDetail /EntityName /flal -I1... 6/11/2014 Exr°.pr from the meeting of the Town Commission held on 6 -13 -14 listed on Agenda as Item VII. Cam=ic=ticns A.2. from Residents (5 minutes nexim im) Martin O'Boyle: Good morning everyone. I have a few things I would like to go over, but first I just want to give an explaination to the Commission and the public. You will notice that I no longer stand for the flag salute, and the reason (don't know what made it do that .... cell phone signal) and the reason for that is - -- -when I woke up this morning I was an American. When I walked thru those doors, that did it. This is no longer America and here the flag salute means something and in this chamber it means nothing. I just wanted to make that explanation so that if anybody asks they will have the explanation from the horses mouth.um - -the Mayor sent a letter out about litigation and boy it sure is expensive- -um - -I didn't see Mr. Randolph pull up in a Roles Royce so I know he is not getting all the money although his firm as of Feb. to Feb, billed close to *300,000. um-- frankly looking at the bills, and we looked at them, makes me puke. To my knowledge, the Town has never won- a case.since Jan. 13th in a hall of justice. And, by the way, I have no issues with Mr. Randolph, I think he is a good attorney, I think this price.is sensational and I think he represents this Commission in the best fashion he knows how and one that this Commission should be very pleased with. Thats my opinion. Then, you brought in Mr. Sweetapple whose clearly the fair haired boy. I don't know why a firm like Jones, Foster isn't enough, but I guess the Mayor doesn't have any buddies at Jones, Foster. Thats the only solution I can come to. ah --- Mr. Sweetapple's clearly a hot shot lawyer-- um - -th -Mayor gave the commission and the residents a build up that was, frankly exciting, $500 an hour, charging us $350 an hour and he had experience in public records law. Well, there has been another law suite filed against the Town and the law suite that was filed against the Town was based upon Mr. Swe- etapple's noncompliance with the State Statute Chapter 119 for public records. He redacted portions of his bill and anyone who knows anything about public records knows if you are going to redact, you have to tell under which exception, if theta the right word, under which exception you are redacting. Mr. Ganger could say I am redacting my Social Security number in accordance with this section. That would be proper. Mr. Thrasher has done redaction the same way. Here he didn't, here you got a law suite. Also on his bill he talks about the Sunshine Law, well there's a document called the Sunshine Manual which teaches you how to navigate through the records act. So, where this guy came from, I guess it will always be a secret to me. We - -ugh- -one of my lawyers was in the court house and learned a little bit about Mr. Sweetapple. He had a case in the 1st Dist. Court of Appeals before Judge Benton, the Judge found that Mr. Sweetapple consistently misrepresented testimony and failed to acknowledge well established case law including Supreme Court precedence. There was another case in Palm Beach County Circuit Court, the Judge Elizabeth Moss says that Mr. Sweetapple'.s filing was a slander Mayor Ynrgan: I've got 5 minutes Mr. O'Boyle. O'Boyle: Yes, you do don't you. You want to let me - -- Mayor: That concludes your public comment. EXHIBIT O'Boyle: Pardon 3 Mayor: That concludes your public comment. O'Boyle: Well, I know. Do you want to let me finish is my question. Mayor: No, I don't. O'Boyle: I can understand why Mayor. Mayor: You have 5 minutes. Make your point in 5 minutes. Thank you Westlaw Not Reported in A.3d, 2014 WL 340104 (N.J.SuperA.D.) (Cite as: 2014 WL 340104 (N.J.Super.A.D.)) Only the Westlaw citation is currently available. UNPUBLISHED OPINION. CHECK COURT RULES BEFORE CITING. Superior Court of New Jersey, Appellate Division. Martin E. O'BOYLE, Plaintiff — Appellant, V. Peter ISEN, Defendant— Respondent. Argued Dec. 11, 2013. Decided Jan. 31, 2014. On appeal from Superior Court of New Jersey, Law Division, Atlantic County, Docket No. L- 2341 -08. Jonathan R O'Boyle, of the Pennsylvania bar, ad- mitted pro hac vice, argued the cause for appellant (Jacobs & Barbone, P.A. and Mr. O'Boyle, attorneys; Lucille A. Bongiovanni, on the brief). David W. Sufrin argued the cause for respondent (Zucker Steinberg Sonstein & Wixted, P.A., attorneys; Mr. Sufrin, on the brief). Before Judges GRALL, WAUGH and ACCURSO. PER CURIAM. "1 Plaintiff Martin E. O'Boyle appeals from a grant of summary judgment in favor of defendant Peter Isen on a complaint alleging defamations"' For the reasons that follow, we affirm. FNI. We do not detail the complicated pro- cedural history of this case in the trial court because it is not material to the issue raised on appeal. It suffices to note, this complaint was consolidated with others for a time and several of plaintiffs claims were dismissed. Page I This claim of defamation by defendant was ultimately severed, and the grant of summary judgment is the only matter before us. Plaintiff and defendant are both residents of the Borough of Longport, and plaintiffs cause of action rests on a single statement made by defendant. The events preceding defendant's statement provide con - text. In 2006, Bruce Funk, the assistant chief of Longport's fire department and an employee of its building department, responded to a call received by the fire department about plaintiffs property. While there, Funk observed alterations of the ground level of the premises that, in his view, violated the Borough's building code. That December, plaintiff was issued a notice charging him with violations of the zoning ordinance. Defendant was a member of Longport s planning and zoning boards between January 2007 and January 2010. He was a long -time and year-round resident of Longport, and for about four years he was plaintiffs neighbor. Although plaintiff resided in both Longport and in Florida, he and defendant had both worked on the mayoral campaign for the candidate who was the mayor during the relevant time period. FN2. Defendant issued a public statement on January 12, 2010, advising that he was re- signing from the boards. In that notice he indicates that he held the position for the past three years. In August 2007, Funk pursued the zoning viola- tion charges he had levied against plaintiff. Funk notified the federal and state offices of emergency management, and he made an inquiry to the Depart- ment of Homeland Security about canceling plaintiffs flood insurance because of the zoning violations. In Funk's estimation, violation of floodplain regulations 0 2014 Thomson Reuters. No Claim to Orig. US Gov. Works. EXHIBIT q Not Reported in A.3d, 2014 WL 340104 (N.J.Super.A.D) (Cite as: 2014 WL 340104 (N.J.Super.A.D.)) would increase flood insurance premiums for the community of Longport. From September 2007 through early July 2008, plaintiff and members of his family filed multiple requests pursuant to the Open Public Records Act (OPRA), N.J.S.A. 47:IA -1 to —13. Longport's only clerk worked part-time, and she did not address the requests within the time required by statute. At one point, the clerk went to the emergency room because of the stress she attributed to the flood of OPRA re- quests. And, in February 2008, the Borough's solicitor notified plaintiff that it would not accept any addi- tional OPRA requests he filed, explaining that the numerous requests were substantially disrupting gov- ernmental services. The solicitor claimed that Long- port had received 190 requests on October ]b and 17 and thirty filed on October 31, 2007. In April 2008, plaintiff filed a civil complaint to compel Longport's compliance with OPRA. And in June, Longport retained NFC Global, an investigative firm, to uncover any prior difficulties plaintiff may have had with federal and state agencies. The firm completed its report later that month, On July 2, 2008, the Press of Atlantic City reported on the numerous OPRA requests. There is no dispute that Longport incurred significant legal fees in defending against plaintiffs suit. Plaintiffs OPRA suit was pending when de- fendant made the allegedly defamatory statement on July 5, 2008. That day, plaintiff was walking and conversing with Leonard Sylk and Fred Kremer, both residents of Longport, near an entrance to the beach by defendant's home. According to plaintiff, defendant said, "what are you guys doing with him, he's the enemy of Longport." Plaintiff further asserts that defendant made the same comment to William Simon, when Simon stopped his car to talk to the men. Ac- cording to Simon, defendant, referring to plaintiff, said "he is the enemy of the people of Long - port[,][s]tay away from him." Page 2 *2 Those present had different views of defend- ant's comment. Defendant said he was joking, and Sylk thought the same. According to Sylk's testimony, defendant was "sort of laughing" and "sounded like he was joking" when he and Kremer were asked "why [they were] consorting with the enemy." Sylk also noted that plaintiff laughed. In contrast, Simon thought defendant was angry and serious. While insisting that he made the remark about plaintiff being the enemy in jest, defendant admitted that he believed plaintiff was fairly characterized as the enemy of the residents of Longport. He based that opinion on pinintiffs conduct, which in his view, led to Longport's unnecessary expenditures for legal fees. In plaintiffs opinion, defendant made the remark intending to have the residents of Longport ostracize and isolate him and succeeded. He based that opinion on subsequent municipal actions singling him and his friends out for unfavorable treatment and affording defendant favorable treatment. In plaintiffs view, defendant's comment was the cause of his ill- treatment. Plaintiff gave several examples. Days after de- fendant made the comment, Longport s mayor called the County Health Department, which subsequently directed plaintiff to remove portable toilets from his property on the beach. In August, plaintiff filed a complaint against another resident for threatening his life, which the police did not investigate. Moreover, a friend of plaintiffs asserted that in May 2009, a police officer, who had detained him for forty minutes without proper cause, admitted that he had been di- rected to give him a hard time because of his friend- ship with plaintiff, who was an enemy of the people. Plaintiff also had evidence of defendant's favorable treatment. Another police officer admitted that he had not issued defendant a ticket when he saw him violate the law prohibiting use of a cell phone while driving. 0 2014 Thomson Reuters. No Claim to Orig. US Gov. Works. Not Reported in A.3d, 2014 WL 340104 (N.J.Super.A.D.) (Cite as: 2014 WL 340104 (N.J.Super.A.D.)) Plaintiff filed this lawsuit alleging defamation on July 15, 2008, while his OPRA complaint was still pending. One month later, the Law Division ruled on one issue in the OPRA action. The court directed Longport to accept future OPRA requests from plain- tiff. In that decision, the court did not address the merits of plaintiffs claim that Longpores disposition of the OPRA requests it had accepted violated the law, and the record does not include the final order in that action. The zoning violations were resolved in plaintiffs favor later in August 2008. Longport and plaintiff reached an agreement under which the municipality dismissed the charges based on plaintiffs alleged non - compliance. Summary judgment in favor of defendant on plaintiffs defamation claim was not entered until September 23, 2011. Judge Higbee determined that defendant's statement describing plaintiff as "the enemy of Longport" cannot, as a matter of law, sup- port a finding of defamation, because the asserted description is an opinion, not a fact. •3 In reviewing a grant of summary judgment in favor of defendant, this court applies the same stand- ard as the trial court. The question is whether de- fendant is entitled to judgment as a matter of law, because a jury giving the plaintiff the benefit of all favorable evidence and inferences could not return a verdict for plaintiff. Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, 540 (1995). Applying that stand- ard, we agree with and affirm Judge Higbee's deter- mination. Plaintiff contends that the judge erred in con- cluding that defendant's comment was incapable of having a defamatory meaning. That is a question of law for the courts, DeAngelis v. Hill, 180 N.J. 1, 14 (2004), which we must review de novo. Toll Bros., Page 3 Ina v. Twp. of W. Windsor, 173 N.J. 502,549 (2002). Judge Higbee, in our view, correctly resolved this question. Liability for defamation is imposed based upon publication of a false statement that injures the repu- tation of another. Salzano v. N. Jersey Media Grp., Inc., 201 N.J. 500, 512 (2010), cent. dented, — U.S. —, 131 S.Ct. 1045, 178 L Ed2d 864 (2011). The tort recognizes that people should be free to enjoy their reputations without suffering false and defama- tory attacks. TurfLawntnower Repair, Inc. v. Bergen Record Corp., 139 N.J. 392, 409 (1995), cert. denied, 516 U.S. 1066, 116 S.Ct. 752, 133 L Ed2d 700 (1996). Thus, to establish defamation, a plaintiff must show that he or she suffered damages as a result of a statement of fact made by the defendant concerning the plaintiff, which was false and which was commu- nicated to a person other than the plaintiff. Singer v. Beach Trading Co., Inc., 379 N.J.Super. 63, 80 (App.Div.2005). A statement is not defamatory unless it is false. W.J.A. Y. D.A., 210 N.J. 229,238 (2012). In determining whether a statement is capable of defamatory meaning, courts consider three factors: the content, the verifiability and the context of the chal- lenged statement. DeAngelis, supra, 180 N.J. at 14. To analyze the content of the statement, courts consider the fair and natural meaning that the words would be given by persons of reasonable intelligence. Ibid. Although "epithets, insults, name - calling, profanity and hyperbole" may be offensive, they are not ac- tionable as defamatory. Ibid Thus, courts must dis- tinguish defamation from offensive `obscenities, vulgarities ... and other verbal abuse." Ibid Plaintiff relies on Milkovich v. Lorain Journal Co., 497 U.S. 1, 19, 110 S.Ct. 2695, 2706, 111 L. Ed2d 1, 18 (1990), a case involving an expression of the writer's opinion that a coach committed perjury. © 2014 Thomson Reuters. No Claim to Orig. US Gov. Works. Not Reported in A.3d, 2014 WL 340104 (N.J.Super.A.D.) (Cite as: 2014 WL 340104 (N.J.Super.A.D.)) Recognizing that opinions cannot be "false," the Court stressed that there is no "wholesale defamation ex- emption" for any statement that might be labeled an opinion. Id at 18, 110 S.Ct. at 2705, 111 L. Ed2d at 17. The Court explained that if a reasonable fact - finder could conclude that the speaker implied plaintiff committed perjury, then the implied assertion of fact would amount to defamation, if proven false. Id. at 20, 110 S.Ct. at 2706 -07, 111 L. Ed2d at 19. *4 The Court's opinion in Milkovich points out the difference between the statement at issue in that case and this one. The Court stated: "unlike a subjective assertion[,] the averred defamatory language [here] is an articulation of an objectively verifiable event," 1. e., whether the plaintiff had actually committed perjury. Id at 22, 110 S.Ct. at 2707, 111 L. Ed2d at 20. But in this case, defendant's characterization of plaintiff as the town's enemy, while arguably insulting, does not imply any particular conduct or event that could be verified as true or false. For example, defendant did not refer to the zoning violation or the number of OPRA requests. He simply indicated that plaintiff was an "enemy" of Longport. It is well - settled that a statement is not actionable when it has an imprecise meaning. Buckley v. Littell, 539 F.2d 882, 893 (2d Cir.1976) (holding that the terms "fascist," 'fellow traveler" and "radical right" were too imprecise, loose and insusceptible of proof to be considered defamatory). When the meaning of an insulting assertion —here the enemy of Longport—is not settled, its truth or falsity cannot be proven. On similar reasoning, this court has held that a statement that could be understood to describe another as one who is not "a decent resident" cannot support a def. amation claim because it does not state or imply something amounting to slander per se, such as criminality. Taurus v. Borough of Pine Hill, 381 N.J.Super. 412,427-28 (App.Div.2005), aJfd in part, rev'd in part on other grounds, 189 N.J. 497 (2007); see also Romaine v. Kallinger, 109 N.J. 282, 291 (1988) (discussing slander per se). Page 4 Like a statement implying that one is not "de- cent," a statement that one is an "enemy" of a mu- nicipality does not imply any verifiable fact. Relying on the various contexts in which the phrase public enemy has been used over time, plaintiff argues that defendant's statement could be understood as calling him a traitor, an outlaw, a criminal or a pirate. That may be, but it could just as easily be understood to describe a person who disapproves of the town's leaders, the way they do business or their goals. We reject plaintiffs attempt to equate this state- ment of uncertain meaning to a 'false attribution of criminality," which is deemed slanderous as a matter of law. Romaine, supra, 109 N.J. at 291. As previously noted, statements alleged to be defamatory or slan- derous must be assigned the " 'fair and natural meaning' " that would be assigned by "reasonable persons of ordinary intelligence.'" Id. at 290 (quoting Herrmann v. Newark Morning Ledger Co., 48 N.J.Super. 420,431 (App.Div.), a)fd on rehearing, 49 N.J.Super. 551 (App.Div.1958)). So viewed, defend- ant's labeling of plaintiff as an enemy of Longport or its people could not be understood as anything other than name calling. Because defendant's statement did not imply any verifiable conduct or event and simply voiced his opinion, it cannot be proven false. Even if every res- ident of Longport other than defendant deemed plain- tiff to be a friend of the municipality, it would not make defendant's opinion false, because he did not imply that his view was universally held or was based on a verifiable event. *5 Our resolution of the case on the ground that this statement is not, as a matter of law, defamatory makes it unnecessary to consider the arguments ad- dressing plaintiffs status as a public figure. Affirmed. 0 2014 Thomson Reuters. No Claim to Orig. US Gov. Works. Not Reported in A.3d, 2014 WL 340104 (N.J.Super.A.D.) (Cite as: 2014 WL 340104 (N.J.Super.A.D.)) N.J.Super.A.D. 2014. O'Boyle v. isen Not Reported in A.3d, 2014 WL 340104 (N.J.Super.A.D.) END OF DOCUMENT © 2014 Thomson Reuters. No Claim to Orig. US Gov. Works. Page 5 Millionaire deluges state attorney with public records requests after daughter's DUI convi... Page 1 of 1 Government Law Millionaire deluges state attorney with public records requests after daughter's DUI conviction Posted Mar 26, 2013 3:10 PM CDT By Martha Neil Corrected: At one time, Martin E. "Marty" O'Boyle was a political ally of Florida state attorney Dave Aronberg, helping him position himself to get elected. But after Aronberg refused to take a position concerning the 2011 misdemeanor driving- under - the - influence conviction c O'Boyle's daughter, Sara, the two parted ways. They still have regular dealings, however, due to the deluge of public records requests regularly submitted by O'Boyle, whose daughter has performed community service and paid a fine but is also appealing her conviction, reports the Palm Beach Post. Florida has one of the broadest public records laws in the country, allowing citizens to access material such as emails and texts. And Marty O'Boyle, determined to help his daughter reverse her conviction, is seeking to take full advantage < it, according to the newspaper. In a single month, a company he controls submitted 1,328 requests for public records to Aronberg and the office for the prosecutor overseeing Sara O'Boyle's case, after Aronberg recused his own office from doing so. The problem is, the public records requests submitted by O'Boyle's company — which, altogether, are among the most massive in state history— require review and redaction of records before they can be fumed over, the newspaper explains "I have been, and am, a supporter of the public records law," said State Attorney Bruce Colton of the 19th Judicial Circui whose office is now overseeing Sara O'Boyle's case. "But I think the law can be abused. When you look at the number c requests ... these requests could amount to an abuse of the public records law." Related coverage: Palm Beach Post (July 2012): "Dave Aronberg, millionaire ally behind stealth attacks in state attorney's race" Updated on March 27 to correct Aronberg's job title. Copyright 2014 American Bar Association. All rights reserved. EXHIBIT http: / /www.abajoumal.com/ news / article/ mil lionaire_deluged_state_attomeys_ with_ 1328 Follow us on Thursday, July 3, 2014 112:23 p.m. Subscribe I Todays paper I Customer care Sign In I Register L rrrri rrlln j FJf�`yl('Ei _IJ(�'JI Breaking news starts here Search Posted; 10.13 a.m. Sunday, July22, 2012 Dave Aronberg, millionaire ally behind stealth attacks in state attorney's race 5711E lF r00 iN1NE B1tEy NEIII(1FFE 13 Related By Joel Engelhardt end Adam Playford Palm Beach Post Staff Writers 1 dyg EXHIBIT W Waving handmade signs and grasping yellow balloons, a small group marched losifall outside State AhomeyMchael WAuliRe's office, angrilymlling forhlm to resign. McAu0lfs had just negotiated a plea deal that meant Paul M'chael hierhige, who killed four relatives on Thanksgiving Day2009, would escape the death penalty. But most of the protesters; weren't there out of outrage. Theywere them bemuse Ihey were getting paid. Theywere getting paid because the man who wanted WAuI1Re's job, Dave Arenberg, wanted a protest, buldidn'twanl his name linked to IL Since he could not deliverenough protesters himself, he asked a newfound ally, Gulf Stream millionaire Marty O'Boyle, to help. An O'Boyle assistantlined up a parlyplanner. And Mars how a pretest trumpeted on the nightlynews as an outpouring ofcemmunityanger actuallystamed a half -down actors more accustomed to plating princesses, Gowns and dinosaurs. Thatwas onlythe start. Overfour months, Arenberg and O'Boyle teamed up fora campaign ofattacks against MHwli fe, mutlouslysklrting Florida laws designed to assure transparencyin elections, according to Interviews and documents obtained byhe Palm Beach Post. Theyworked In strict secrecy. Arenberg — now the front- runner for state attorney— had not yet declared himself a candidate, so he took help from O'Boyle without disclosing to the public whet otherwise would hate amounted to donations. For O'Boyle, it was Just one act in his relentless quest to wipe a DUI conviction off his daughters record. For Arenberg, itwas an opportunity to take advantage of a millionaire's displeasure to undermine a rival. Theymoved assertively, running advertisements, paying protestem and digging up dirt. Al stake: one of Palm Beach County's most Important elected jobs. The state atlomayhas enormous discretion in deriding which criminal mass to pursue, including polltical corruption. Arenberg, than a statewide prosecutor, guided O'Boye's efforts, ocrosionallyon ta)rayergme. He emailed Instructions to O'Boyle's assistanlfrom his BlackBeny during work hours, a potential violation of state rules. Once, he accepted a round -trip ride to Tallahassee on O'Boyle's private plane. Throughout. Arenberg toyed with running. In one rare Instance, an email towels Arenberg's Intent Justslxdays before he announced, he urged an O'Boyle employee to payfor Facebook ads, sayng,'I think theyneed to run before I became a cendidate.' Arenberg's collaboration with O'Boyle tapered off after Jan. 17,when McAdlifie— Influenced in part, he said, bythe nastycampoign swirling around him — announced he would not seek re-election. Arenberg declared his mndidacythme days later and within sixmonths had raised $471,000, none of it from O'Boyle. But In enlisting O'Boyle, Arenberg miscalculated. After months together, O'Boyle turned on him, releasing to The Post hundreds of emalls — Including about 100 written by Arenberg— documenting their contacts In the time before Arenberg announced. Ultimately. O'Boyle would turn on The Post as well. After a repartertold O'Boyle the newspaper was checking whetherone of his exchanges with Arenberg could be viewed as an attempted bribe, he told the paper that he was "revisiting' the Information he had provided -to confirm Its validity and that the paper was not suthodied to use the Information or to attach his name to IL Reds later told the paperthal O'Boyte's actions likely did not meet the legal definition of attempted bribery. Aronberg. a Democrat refused repeated requests for an Interview to discuss his actions, addressing through his campaign manager onlyfour of more than 80 questions asked In writing by The Pas Sent hundreds of pages of his own am ails and asked to wrily them, Aronberg didn't respond. Ina one - paragraph statement he blamed O'Boyte's revelations on one of his opponents: n"artycandidate Robed Gershman, a criminal defense abomeywho represents O'Boyle's daughter. 'his is a dishonest political attack cooked up by myopponent Mr. Gershman —full of misrepresenlallans and gross e>aggerations; Aronberg said. *As special prosecutor, I have always acted according to the letterand spiritofthe laws of the state of Florida and the policies of the Office ofthe MhameyGenerel. I'm proud of myrecord of proven ethical leadership as an assistant ahomeygeneral, special prosecutor and state senator.' The never - before -told storyof what happened when Dace Aronberg met Marty O'Boyle, and whythey broke apart offers a rare window Into how power and money intersect to shape politics —and lives —In Palm Beach County. 'Myvlewlnlifels. Takawhatswrshols oulike alma because IM a bl bo and l can handle them. Butdonlmen with myklds, my wife army home. Cant dolt on cause 111 come atyouwflh ewryresource l have. And themse oL' — N�tyaao-pw.Jm.NrnvM it was March 2011 and In downtown West Palm Beach, a spectacle filled the sky. Day after day, a plane circled the courthouse, trelling banners:'Bewam thug prosecutors: 'Prosecutorial perjury Is tyranny." "Dump McPUIiBe for prosecutor, wile for Elmer Fudd." The planes were a remarkable reaction to a common event, M 2008 In Delray Beach, a police officer saw a woman driving 5 mph on a residential street at 323 a.m., with half her car on the grass. The 19- year -old told him she had had two cocktails and a beer. She failed a breath test and was charged with misdemeanor DUL In Palm Beach County, prosecutors file an average of nine DUI cases everyday. But that woman was WityO'Boyle's daughter, and Many O'Boyle is an unusual man. The son of a seamstress and a cabby, O'Boyle said he grew up Ina tinyrowhouse In Woodland, N.J. At 17, he said, he dropped out orhlgh school. By 18, he was married and had areal estate license. By24, he had bur kids and his first million. That million grew Into many more. Starting in the 1970s, he built hundreds of stores, Including construction for the growing Color Tile and Pestle Vision chains. Now he is 60 and says his businesses —run from a 14 -person office In Deerfield Beach — Include shopping centers and stores In about 25 states, including Florida. Ina fight over business Interests, O'Boyle rarely backs down. Ina fight for his family, rarely turns Into never. The traffic court =so spawned a thick volume full of motions and countennotions, with Gershman arguing the was was tainted bypollw mistakes and faulty breath-test equipment. It led to a three- dayjury trial. Sam O'Boyle was found gulltyin fularch 2011. She was sentenced to 75 hours of communityseMce, a six-month loss of her driver license and a $500 flne. After the Mal, Marty O'Boyle called the state edomeys office and asked to speak to McAuliffe about the case. O'Boyle said he told the woman who answered the phone: "1 want to see If I could just spend a few moments with him and see if there's anything that could be worked out.' O'Boyle wanted McAuliffe to drop the DUI charge, even after she serve l the sentence, to clear her permanent record, he said. j O'Boyle was told that McAuliffe wasn't available. MrAUllffe told The Post he didn't know of O'Boyle's request unlit after the banners began to fly. The legal Issues in the case didn't rise to his level, McAullffe said. But the rejection angered O'Boyle, ljust said to myself, The guywon't giw me the couriesyof 15 minutes of his IIfe?" O'Boyle recalled. "Well, let me show him what kind of courtesies I can give him.'" O'Boyle had brawled with authoritybefore. In 2006, a permitting dispute threatened his Lonri NJ., waterfront home. O'Boyle struck back with lawsuits. Planes trailing banners —one called the mayor a'pupper —flow owr Longpon's beach for months. 'Unfortunately when you're dealing with a body politic, theyham a lot of resources; O'Boyle said. 'Sometimes you haw to enter the area of unconventional wanare." Almost file years later In West Palm Beach, gowmment once again stood In O'Boy1e's way. He started a Twitter account under the name'BannerMan' and began flying planes. It didn't help with McAuliffe. But the stunt drew attention. South county political operative Made Horenb urger, who sat on a charity board with O'Boyle's wife, gave him a call. She asked: Would he like to meat Dam Amnberg7 O'Boyle replied:'Who's Dam Amnberg?" 'Dave — do you want mo to take you —plenty ofroom end no problem? We11 gat you Mere by Sam or so. It will be easy end you will be fresh, Advise' —e0. 20 BDOMADIIawa oenevp.XMleTWnmwM e'fiewV.wmN.gnr Dam Aronberg, too, faced an obstacle in Mchael McAuliffe. In 2002, Aronberg entered politics as a 31- year -old rising star —a chadsmaflc, Harvard - educated state senator. But he left mid -tens to run for attomeygeneral in 2010 and lost in the Democratic primary. He found work quickly. Pam Bondi, the Republican who ulffmatelywon the attorney general's job, made a spot for him as a $92,000a -year special prosecutor investigating pill mills. But Aronberg was eyeing another elected job: MrAWlffe's. Again, he faced a Democratic pdmaryho might notwin, True, W udiffs had angered some influential Democrats by prosecuting Democratic County CommisslonerJeff Koons on corruption charges they thought were weak. Local attorneys, both In the criminal defense bar and within his own office, chafed at his aye and decisions. Aronberg seemed a logical choice to oppose him: Popular with Democratic wtars, he had long- standing political connections and could be a ravenous fundralser. But manyprominant Democrats remained pledged to the Incumbent McA4111%. Some urged Aronberg not to run, hoping to amid a divisive primary. He was warned that'ltwould be the end of mypolidcalcamer; Aronberg said in a May TV appearance. O'Boyle, though, had plenty Of money —and, with the bannem, had shown a willingness to spend it tormenting McAuliffe. Arenberg reached out to Gem hman, O'Boyle's daughters attorney and now Amnberg's rival for state ahomey. Back then, Gem hman had no plan to con, but It seemed to him that Amnberg did. "His pitch was he wanted financial support for his con and he viewed Mary in that fashion; Gem hman said. Gem hman told O'Boyle he had talked to Aronberg. The political courtship between Aronberg and O'Boyle began in late July over lunch at The Office, a Delmy Beach hot spot. They started exchanging em ails. Amnberg peppemd O'Boyle with links to stories about McAuliffe. O'Boyle gave Aronberg a cryptic heeds -up to 'enjoy your lunch" at "Banner's Coffee Shop around the Court House." Two days later, as prom is ad, a plane flew the banner..'SmIle If you think Mkey McAuliffe is a putt" Aronberg asked O'Boyle to take a trip with him to Tallahassee. On Oct 3, they draw to Fort Lauderdale, loaded Into O'Boyle's single - engine Cessna and flew north. The nerd morning, they met with a political consultant O'Boyle aald that with Amnberg out of the mom, consultant Screwn Watson talked to him about paying $180,000 for four. page mailers targeting Palm Beach County Dom oc am.O'Boyle wasn't buying. Watson said he was sizing up O'Boyle at Aronberg's request Womon's conclusion: The guy had money but never would be a reliable contributor. His real Interest lay In messing with McAuliffe. While theywere there, Aronberg took O'Boyle around the Capitol.Theyfunched, O'Boyle said. at Andrew's Capital Grill — home of the"Aronberg -er Spicy Vaggle Burger; named during Aronberg's Senate days. Thayreviewed polling results with a police union lobbyist that showed Aronberg leading McAuliffe In a hypothefical matchup. Theydiscussed whether Aronberg should declare his candidacy. Theyvisited the slate Commission on Ethics to pick up a complaint against McAuliffe. Aronberg pressed the commission director to explain why the complaint had been dropped, O'Boyle said. On the filght beck, O'Boyle said, Amnberg conlinuously relumed to a point he had made on the way up.'Ifs just so wrong whet theydid to your daughter," O'Boyle recalled Aronberg saying.'I just can't believe theywould do such a thing' Protesters assembled outside the Palm Beach County state adamey§ office Thursday moming In opposlGon to e plea deal Matsent Thanksgiving massacre killer Paul hfchael Msrhige to prison forlffe. More than a dozen people stood outside state attorney A4chael htAulHfeS office holding signs...' — wmr<h.,.aawm� ..ew.1a A few weeks later, a news story caught Aronberg's eye. At the end of October, McAuliffe agreed to a plea deal with Merhige. In 2009, Merhige had killed fourmiafives — Including 6 -year -old Makayla Sitfon —over Thanksgiving dinner In Jupiter, The plea would put Merhlge away for life and bdng closure to one of Palm Beach Countys most honific crfmas. But Jim Sidon, Makayle's father, dates led the deal and begged the judge not to take it. He wanted a trial and then the death penalty. Aronberg saw an opportunity. After they first met O'Boyle assigned one or his assistants to work with Amnberg. Trained as a paralegal, the assistant, Denise DeMerlini, was one of O'Boyle's best "She'll maw a mountain with one hand ; O'Bcyie said. Amnberg asked DeMartinl to organize a protest of the deal outside the state attorneys once. DeMertinl began moving mountains. She and O'Boyle consulted lawyers to find out where protesters could stand. She directed another O'Boyle employee to make More and to order bright yellow balloons Imprinted with "DUMP MCAIJLIFFE.' They drew up signs. Arenberg proposed several slogans, DeMartinl wrote in an email, Including:-McAulifle coddles killers; "Resign, McAuliffe, Resign; "Democrats Against McAuliffe" and — mom strikingly— 'Justice for Makayla." The protest was almost ready. Only one thing was missing: protesters. Initially, Aronberg told DeMarfini he would find them. But he came up empy. "He was of the mind,'We gotta gel it done, we gotta do IL You guys got contacts —you guys can get it done,­ O'Boyle recalled. DeMerfinl got it done. She called Kids Fairlyand, a Coconut Creek company that throws children's parties. A contract called for'l0 people to participate in Rally Protest' The coat $1,400 for four hours. Afew protesters left early, so O'Boyle got a $500 discount On Nov. 10, a videogmpher hired by O'Boyle captured the scene. More Than a down protestant walked in a loop in front of the stale attorneys once. Almost all were either O'Boys employees or paid actors. O'Boyle himself wom a cap that said Drexel —his daughter's school —and a sandwich board:'McAuliffe Accept This Plea Resign." Almost immediately, Aronberg asked for a second protest — this fime outside McAuliffe's wmpalgn kickoff partyst E.R. Bmdleys Saloon on the Flagler Drive waterfront The that one was so much work and money, O'Boyle wasn't eager to do It again. But Arenberg pushed, O'Boyle said. On Nov. 16 it happened, with six actors for $600. As theyprepamd, O'Boyle smailed a worker who had put Amnberg's name In an email: "Aronberg's name is not to be mentioned." And in both cases, Aronberg was nowhere to be seen. But Aronberg's presence was felt He drove by the first protest several times, sending gleeful text messages to O'Boyle and OeMarum, dmysald. And his hand was evident Theyused several of his slogans, Including 'Democrats Against McAullffe' and "Resign, McPUIMe, Resign.' OHoyle:'Dave —being the amaleurfhaf l am, I do noises a material difference In the ads. So I can notgive you Intefigentlnput, Arenberg: 'Fairenough.... 171 send u the one 1 preferin a separate email.... Happy Thanksgivingl'  N.,. a nur mAn� em.xp n nlwrwuYeu Wl l 1e run In Xn JwiA h umY Even as they prepared the protests, Aronberg wanted O'Boyle to pay for a more traditional attack. One theme Aronberg thought would resonate: mnvictlon rates. States tatistics showed MrJluliffe's office had the Imeslrates In Florida. Aber McAuliffe resigned, those rates would be deemed statistical abenations by his replacement, Peter Anlonecct. Months eariler, however, the Issue looked like campaign gold. Arenberg asked O'Boyle and DeMartinl to place an ad in the Jewish Journal. The weekly newspaper targets a crucial Palm Beach County voting bloc  and one that's personal to both Aronberg and Mcauliffe, who are Jewish. Arenberg provided the ad and emalled D@Marlini contact Information for a Jewish Journal ad executive. It con Dec. 14 and mat O'Boyle $3,400. In bold letters, it proclaimed: "Michael McAuliffe Is Florida's Lowest Ranked State Attorney.' An imposing chartcompared Palm Beach Count's conviction rates with top- ranked Pinellas Countyand the much hlgherstate awmge.Across the bottom, It said, "We need a now state attomeyl" Below even thatwas a gnyline afts4 -Paid forby Families for Jusfice LLC'The companyhad been incorporated two weeks before the ad ran. Its registered agentwas a willing O'Boyle employee. its name was picked byAmnberg, after the employee rejected his first cholce,'Democrats Against McAuliffe." One ofAronberg's trends gave the employee a scriplto read in case reporters called to ask whyshe had founded the gmup:'AS a motherofa child In Palm Beach County, Iwas so disturbed bythe slate attorneys recent actions that I started this group to Inform the comm unity that Michael McAuliffe has put all ofoursafetyat risk. The alarming facts speak for themselves.' No one called. The ad was legal, several lawyers said In Interviews, because it didn't specifically urge a vole for or against MCAUIifte. If it had. Families for Justice would have been forced to registeras a political organization. Inside MzAuliffe's camp, the attacks were Infuriating. 'Michael was Iike,'We need to respond to this; "said McAulitfa's campaign manager, Rick Asnani. "I was Iike,'Respond to who? We don't have a target to shoat all' Internally, theysuspected Arenberg. Polls had surfaced, showing Arenberg as a viable candidate. Donors told Asnanl thatAronberg had contacted them, urging them not to committo McAuliffe. 'There was an ante- McAullffe campaign being con behind the scenes where the onlyone who would benefitfrom Ilwas Arenberg; Asnanl said.-He was hiding in the shadows.' 'It's so good, if should be spread omrFecabookl: )'  MenWpl0A ae01Y eWYA1.Jn.11 As 2012 began, Aronberg was getting closerto declaring his candidacy. He began preparing a new attack. Almosta year before, one of Amnberg's friends, Melissa McKinlay, had filed an ethics complaint against McAuliffe. McKlnlay, an aide to Palm Beach Counlys legislative delegation, accused McAuliffe offollowing herout ofa meeting and threatening her in the parking IoL "He then told me I had betierbe careful aboutwho I spent lime with,'she wrote. He had seen her talking to Mike Edmondson, a former McAuliffe aide who left oiler falling -out. The Florida Corn into aIon on Ethics found no cause for the complaint. But McKinley told Amnberg about it, and In September he asked her fora copy. She didn't have one, so Arenberg and O'Boyle picked up the file during glair October trip to Tallahassee. Later that month, McKinley was mllad for jury duty. She told Palm Beach County Circuit Judge John Kostrenakes she could not serve. The exchange was captured on video. 'I was threatened by the state attorney,' MG(in lay said to a stu nned Kastrenakes. In an Interview with The Post, MAcKlnlay said she didn't know she was being videotaped. But she said she told Aronberg about the emJlange with Kastrenakes. Edmondson, who was helping Aronberg's furtive campaign, obtained a copy of the video, court records show. In January, the video appeared on Gossip E*a, a local webs its run by ex -Post columnist Jose Lemblal Almost Immadlately, Aronberg sal out to promote the video. 'IVs so good, It should be spread over Facebookl: -)" he wrote to DoWrdnl. With in two days, working with a paid consultent, Arenberg had created a Facebook ad linking to the Gceslp Eidra pas b'SHOCKING VIDEOI Slate Attorney Michael Mcuulibe threatened a West Palm woman and abused his power. Watch the video.." Aronberg personally directed the ad's designer, telling him In an am all: 'I like the first one.... Can you use the tam 'Watch the video' as the last words of the teaser?' Finally, he wrote on Jan. 13. "1 think they need to con before 1 become a candidate .,. and while the s [cry is sfill ties h' The consultant's propose) Noted Arenberg as his client, but O'Boyle paid tee $500 bill. The ad targeted Facebook users who "like "one of several local Democratic politicians. It launched on Jan. 14, a Saturday. By Monday, It had 440 clicks. But byTuesday, it no longer mattered. McAuliffe announced he was dropping out of the race to take ajob with Oxbow Carbon, billionaire Bill Koch's energycompany. Arenberg, rejoicing, thought the Facabook ad forced out McAuliffe, O'Boyle said. Told so by The Post McAuliffe chuckled. The attacks, he aold, didn't force him out But the "prospect of an Ina urgent p rime ry campaign ... made me more open to alternatives' Without the alto cka,'I might never have opened the door" to pdvate-s actor opportunities at that point he said. By Thursday, Arenberg had launched his campaign for state attomey'The most important thing is that tha mud state attorney needs to have a passion forjusUce,' Arenberg WW WPTV- Channal 5. 'So Dave  I got the screwing of myllfe. Both you and Gershman hem taught me good... and the bad thing is that my daughtersugers. A sad day, which only Alzhelmers will remove from my memory. In any event I couldnt have been more honest orblunt 1 only wish that you shared my views on howMends treat blends,' - aeay..r,w 1e Ave,wn. Mire e With McAuliffe out of the race, Aronberg's work with O'Boyle and his assistant slowed. For months. DeMardnl had been filing public remrds requests crafted and edited byAmnberg, smalls show. The requests, sent to public agencies, aimed for Information about McAuliffe. DeMartlnl turned me responses over to Aronberg. When there was a charge, O'Boyle paid the bill. Aronberg pressed DeMarani to follow upon one request that was still pending. He wanted NI Auliffe's email exchanges with The Post's edltodal board, which had been crifical of Aronberg. When Amnberg felt the request had been unduly delayed, he wrote to DeMtarfinl:'You may want to have a lawyers end a reminder letter. I assume Marty would agree?' DeMONni sent the em alas to Amnberg on Feb. 24, Six days later they appeered on two local websites, Including Gossip Extra. Despite being an official candidate. Arenberg neverdeclared Do Martini's help as a campaign contribution. But she Web pas fings would prove useful to Aronberg's cam palgn. After The Post ran a story in June about Aronberg, he linked to one of them In an email to supporters, writing that the paper's "false accusations and manufactured sources have been discredited byindependentobservers; Mostly, though, Aronberg's relationship with O'Boyle shifted. Now thathe had an official campaign, he asked O'Boyle foran official contribution. At6rst, O'Boyle sald,Aronberg asked for580,000. For O'Boyle, that meantmore than writing one big check State law caps donations at$500 per person; O'Boyle would have to find a bundle of 160 $500 checks —from himself his companies, familymembem. employees or Mends. 'Wow, thafs kind of strong, Dave; O'Boyle recalled saying Instead, he offered Aronberg $25,000. Aronberg readllyagreed, writing In a Jan.30 email that "your commitment of raising $25K goes a long way.' Butweeks passed, and O'Boyle dldn'tsend Aronberg the check. Instead, he sent him documents from his daughter's case. By then, O'Boyle said, he had spent $28,000 helping Amnberg.'I said to mywife,'Before I put up another $25,000, I want to make sure that this guyis thinking like we're thinking, O'Boyle recalled. Amnberg never expllclsyhed promised to help, O'Boyle said. But O'Boyle said he believed he and Aronberg had an understanding, 'Oave kept saying:'I can't believe theydld this to your daughter. I just can't believe they did this. So wrong or them to do. You know that MccAuliffe. I can't believe he did thlsr Now when somebodyrs saying that to you about your daughter, what are you thinking ?' O'Boyle asked. In mid- March, Aronberg prepared for an end-of-month deadline to disclose for the first time how much money he had raised since announcing his candidacy. He wanted to deliver a huge sum to deter potential opponents. One opponent alreadyhad been scared off. Circuit Judge Kris (a Marx had considered running "a Republican, but backed down, The Post reported, altars he received threats linked to Aronberg. On March 16, O'Boyle Bald, he met with Aronberg for neadythrea hours in his Deerfield Beach office. His account of that meeting, provided to The Post without variation in several Interviews, went like this: O'Boyle asked Amnberg what he thought of his daughters case. Amnberg demurred. Rnally. Amnberg said that if he were elected, he would turn the case over to an assistant prosecutor, who would have final say. O'Boyle pressed. 'I sald,'But you're the boss; you should decide what should happen: Aronberg fled the mom. "I chased him Into the perking lot' O'Bayle recalled. 'Is aid,'At least saygoodbyel" Later. Horenburger— the woman who had Introduced Aronberg to O'Boyle —told O'Boyle that Aronberg though( O'Boyle had been wearing a wire. O'Boyle was ilvid. ' Here's the way[mad It I've got your money now. I don't need you. I'm getting out of here; O'Boyle a Bid. O'Boyle never delivered the $25,000 wralbution. SOII, after the meeling, both O'Boyle and Amnberg did one favor for the other. At Aronberg's request, O'Boyle approached Gershman, his daughters attorney, who by then was considering his own run for slate asomey.O'Boyle told Gershman he stood no chance against Aronberg. Gershman responded bitterly O'Boyle said, and threatened to drop his daughter's case. Gershman said he was disappointed but mean only that he would withdraw from represent ng O'Boyle In two civil suits related to the DUI arrest. He sell represents O'Boyle's daughter In her criminal case, which Is being appealed. Aronberg, meanwhile, helped O'Boyle lineup am eating with the new slate asomey— Anonacci, an old Mend —to discuss the DUI case. `Pete Antonacci will meet with you and you should call his assistant; Amnberg said Ina March 20 voicemall left far O'Boyle's In -house attorney, Bill Ring. Amnberg provided a number. Anions=[ took the meeing. Anonacci told The Poet that Aronberg had nothing to do with It. 'I'm a publics arvant,* he said. 'I meet with everybody.' On April 3, Anlonacci sent O'Boyle a letter calling the legal arguments In Sara O'Bayle's casa "wantlng; The elate would lather appeal play out, Anlonaccl wrote. On April 9, it all came to a head. Marty O'Boyle wrote Aronberg a scathing email. Gershman would not enter the race, O'Boyle predicted. But he had lost Gershman as a Mend and an attorney, he wrote. The latter loss would cast O'Boyle $30,000, he told Aronberg —the price for a new attorney to catch up on the lengthy record In his daughters DUI case. 'l got the screwing ofmyllte; O'Boyle wrote. 'Both you and Gershman have taught me good.' And In reference to Aronberg's fears that O'Boyle may have been recording their conversation, O'Boyle added: 'If you want to spend a few minutes and have a chat chit, we could have it in a ateam bath and I will agree to e rectal so there is no concem that I am wearing a wlml' Aronberg never responded. In April, he reported raising $275,000, none of it from Marty O'Boyle. Soon after, Gershman entered the race. O'Boyle remained angry. 'I was swindled; he a aid. 'There's no doubt in my mind.' In May, Marty O'Boyle got phone call from a Pas reporter. He reamed the call. And started talking. SHADOW CAMPAIGN: Reed more • Series homepage • Did Aronberg break the law? • Details on $3,400 advertisement attacking McAuliffe • Aronberg leaked emails between McAuliffe, Post • How The Poslgal, confirmed the story More News We Recommend • 2 women killed, l In critical afterhil- and- run (PalmBeachPost.com) • Authoflties:Arreal' imminent' In Wellington gas station homicide (PalmBeachPost.com) • NC Loftery(PBImBeachPostmm) • Delray Beach woman wins $6 million verdict against tobacco company (PalmBeachPosLmm) • Report 12- year4d makes up abduction storyto amid dentist (Palm9eachPoslcom) • Burger King Introduces gayWhopper (PalmBeschPostcom) Comments If you would like to pasta comment please Sign In or Register Cancel Edit comment 59 Comment(s) Commengs) 1 -20 of 59 neA Aasl» 'J O...i • Posted byTrafficAvenger This comment has been removed for violation of the visitor agreement. roc • Posted bytaeladyst 11:07 a.m. Jul. 22, 2012 • Report Abuse From Around the Web El Paso Releases \Adeo of Cop Executing Handcuffed Man— Where's the Anger? (VICE) Man Who Assaulted Dad Abler Finding Him In Bed With His Wife Gets Off Easy(Sening Deily) Teen Dies on Vacation After Drinking Energy Drink (Stirring Daily) A Grieving Father Pulls a Thread That Unravels BNP's Illegal Deals (The New York Times) Life Insurance: what you don't know could hurt you (Black Enterprise) Woman Is Found Hanged In Indian State (The New York Times) R) Mr. Aronberg will not have my motel Indeed, can anyone vole for Mr. Avonberg after reading this? More dirty poiitaas- usual. Nonetheless, We The People are not fooledl PAC's and Super -PAC's can buy all the ads they want, most voters know the true game now. Whenever we see an "ad" about an "issue', we know who's behind It.. and why. NO ONE thinks such ads are impartial; they are disingenuous distortions, hall- truths, and outright lies. And we think even LESS of the people /corporations who buy these ads. Great scoop. Palm Beach Post wdterell v • Posted by FatCal0711 at 11:26 a.m. Jul. 22, 2012 • Report Abuse I'd still vote for him, and I'm sure manyotiere will. I mean, this is FLORIDA, people actuallywted for Rick Scot. • Posted by PBSOTelk at 11:50 am. Jul. 22,2012 • Report Abuse Yes, great scoop. Typical Palm Beach Post, not cracking PBSOTelk.mm, who provided the start of this storyand sent them the information In April, complete with laws, to get the ball rolling. It's ama>ing Iheywill use PBSOTalk.com information the owner provides to them yet [hey publicly disavow the site, linking it to disgruntled deputies. There is more documented compton on The Sheriff than Shed6Bradshaw's friends at the Post will ever discover or write about Thanks Joell I haw to go see a doclornow to see iftheycan remove the knife from myback. • Posted byTruthWlns This comment has been removedforviolation of the visitoragreement • Posted byJupiterGuyat 12:06 pm. Jul. 22, 2012 • Report Abuse But tea lady, the big moneycorpo tfons hem been backing the tea partyfor years. Theyare backing almost everytea partycandidate running forofflce this year, as well as the Presidential campaign. Whalhappened to the grass rents organization that the tea partyused to be? " Posted byThomasll a11221 p.m. Jul. 22,2012 " Report Abuse O'Boyle has asro attics, and everything you need to know about Aronberg comes from his close assocition with O'Boyle. O'Boyle Is the typical rich piece of crap who want his daughter exonerated, not because she's Intent but because he's doh. v.s " Posted bymetallsback This comment has been removed for violation of the visitor agreement " Postedbyteaman This comment has been removed for violation of the visitor agreement ��i " Posted by Snedlyfackle at 1:12 p.m. Jul. 22, 2012 " Report Abuse Palm Beach politics, especially in the judicialfiegal arena, areas weird and blame and sleazy as theyam shot through with abysmally low ethics (if any), populated byhypocrites and bullywannabes. Judges (both state anbd federal) talk to attorneys about mass before them, privately and out of court People who shoud be calling things as theysee them are Instead either protecting their buddies or covering their own chaps. Aronberg Is a supreme hypocrite who everybody knows long ago sold out to O'Boyle. O'Boyle Is a New York schlemiel who fell Into his own cesspool and managed to grasp on to some precious stones (certainly not his own) on the wayout --but has never lost the stanch. The county is a mallylmprobable combination of backwater hicks and nouveau riche amivistes, cranky little brats angrybemuse somebodyelse has wandered Into what theythink to be their private sandbo4es); people of low or no Gass who use whatever moneythey have to try to buy statuses and reputations theydon't deserve and haven't earned. The little dramas laid out In this story are simplynew Installments in an ongoing telenovele, possessed of the same low quality characters and plot lines. Those who populate them am all trailer hash, even If some of their trailers have been exdemallyglitad up. They all deserve one another, but, please, keep them all Inside the county lines. Theyre surelynot wanted nor welcome anyplace also -- swept, from time to time, to pick up other people's tabs, " Posted bya7d31709-e9864bm- 9770 - 163890 at 1:54 p.m. Jul. 22, 2012 " Report Abuse Thanks Palm Beach Post for uncovering Mr. Aronberg's We colors. He mrtaintydid not learn these sleamball tactics at Harvard. Or, maybe he dldl Mr. Aronberg needs to permanently refire from any position of public trust So long, farewell, auf wledem ehen, goodbye, Goodbye, Goodbye, Goodbye[ t ��.J " Posted by GaryHlll This comment has been removed for violation of the visitor agreement " Posted by Truthshallsetyoufree at 2:04 p.m. Jul. 22,2012 " Report Abuse Aronberg is disgusting. Ran out of a meeting because he thought O'Boyle was wired? That's what we call consciousness ofguilL He wouldn't know bemuse he has never Vied a rase. So Ankmacd Is Aronberg's buddy? How conwnlent Exylelns why certain judges have been targeted by that office. Funnyhow Pete has time to file frivolous motions at the behest of Dave and meet with Aronberg's supporter about his DUI but does not have time to imestigate serious allegations relative to his buddy Dave. Let's be dear: moneywas spent by OBoyle for Dave's upcoming campaign: illegal. Dave alluded to how'awful'the DUI was handled and he alluded to a )punging the crime and that's how he got the money. bribery. He threatened Judge Mam He conspired to remove Judge Cohen, with Ankmacd's help. He hangs out with the most CORRUPT individuals In this county including Mary (I'm a convicted felon but l still think Im relevant and powerful) McCarty. We need help and fast We need the fads, i urge every person in PBC to call our local FBI branch because we can't have a stale attorney who is criminal himself. This Is just like the Babock furniture DUI debaucle. Pay to play. I can seethe swearing in: Burt Andre, Fumed, McCarty and every other cancerous 'political operative' In PBC. Oh, and theywlll also own Jaime Goodman it he gets elected bemuse McCarty is running his campaign. Remember'take back the judiciery McCarfyand Rebecca Shelton tin. Irs all to make sum they can continue their aiminal behavior and shakedowns w/o an SAwho cares. I would like to thank Joel and the Post because this is getting attention ... from authorities who enjoyslapping the cuffs on self-proclaimed' rock star Dave. You can't gel the Aron - burger In jail so enjoy now. Antonecci ... your In over your head. Watch your 6 because I think you would make a great prison trustee • Posted by Douglas3 at 226 p.m. Jul. 22, 2012 • Report Abuse Need a connection from Aronberg to Mary McCarty? Trygoing through her mother Jeanne Raywho recentlyworked as a receptionist forArunberg. Aronberg should quit this race. He has proven himself unfit to sane in any government capacity. You can't cleanup Palm Beach Countyby putting dirt In charge orthe brooml • Posted byTmthshallsetyoukee at226 p.m. Jul. 22,2012 • Report Abuse And to all the lawyers who bum a blind eye to this and continue to treat Dave like royaltybecause you think Ire a given he will be SA and you want to ingratiate yourselvea...getsome morals[ We took an oath to uphold the lawl If you condone his behavior and that of his'supporters'jusl rip up your bar card bemuse you are as bad as him. I can't wail for the front page photo or him, handcuffed, being led to an awaiting blacked -out Sl1V. Its Imminent. s...y • Posted byRobenBHaigh at2A7 p.m. Jul. 22,2012 • Report Abuse So, let me get this straight *Aronberg and his allies skirt the law on bribery, -Aronberg and his allies skim the law on blackmail, -Aronberg and his allies skirt the law on eMrtian, *Aronberg and his allies skirt the law on slander, *Aronberg and his allies skirt the law on defamation. Yep, pay to play is alive and wall in Palm Beach County. Resign? No, he should be In ajail cell swelling trial. 1 knew more than a decade ago that he would do anything — and I mean ANYTHING— to move his wayup in office. Let me guess, with his eyes neM on running for Governor. Mark mywords: If he gets elected to the position of State Attorney, he will run for Governorwithin ten years and the corruption will be much, much worse. If this doesn't got the fads Involved (once again) then nothing will. I also agree with the previous poster, tealady, these corporate bigwigs have been funding the Tea Parlyfar a long time. Watch how quickly the Tea Party boil'settes down to a 'simmer' If Romney Is elected President. (And the ultra -rich orgy of asset transfer from the middle -class to the 1 % will resume at an accelerated pace.) • Posted byRegularJoe a13A6 pm. Jul, 22, 2012 • Report Abuse Can you believe Made did this again? hlede Horenburger has been the campaign manager and consultant for 10 years for suspended Mayor Jose Rodriguez, Look at what a crook he isll8t111 Rodriguez used to be buddybuddywith W. MfA Marie Is BFFs with Anne Gannon who is smarter than DAVE bemuse when she got out of Tally then Made made it happen with Gennon's tazchisfjob as the CONSTITUTIONAL THIEF[ • Posted byyouralldumb at 3:48 pm. Jul. 22, 2012 • Report Abuse You cannot believe a single word put out by the liberal mg known as the Palm Beach Post They have their own agenda and will spin as fury to fit the outcome Iheywant Aronberg has a good track record and has served the State ofFladda well. He should be judged on past performance and not the attacks of a bankrupt newspaper that is so poody run it is actually printed by the Sun Sentinel for them. This paper has as pecific hatred far Aronberg that has no basis In this race.The facts are the facts. • Posted bykola123 a13:52 pm. Jul. 22,2012 • Report Abuse 1 think this whole article Is a crock of crop. Look to the REAL problems In Palm Beach County, W. Marcus and friends. Posted by John Barbieri at 4:28 P.M. Jul. 22. 2012 Report Abuse Palm Beach County politics are unsavory to begin with. Arenberg comes across as a particularly nasty piece of work even for us. Here's hoping that the voters will do themselves and the county a big favor by stopping his opublic service career' at the mnaelectien . 59 Comment(s) Comment(s) 1 -20 of 59 next>last» WdIsdaw Page 1 436 Fed.Appx. 449,2011 WL 3510250 (C.A.6 (Tenn.)) (Not Selected for publication In the Federal Reporter) (Cite as: 436 Fed.Appx. 449, 2011 WL 3510250 (C.A.6 (Tenn.))) H This case was not selected for publication in the Fed- eral Reporter. Not for Publication in West's Federal Reporter See Fed. Rule of Appellate Procedure 32.1 generally governing citation of judicial decisions issued on or after Jan. 1, 2007. See also Sixth Circuit Rule 28. (Find CTA6 Rule 28) United States Court of Appeals, Sixth Circuit. Martin E. O'BOYLE, Individually and as General Partner in New Midland Plaza Associates; Catherine O'Boyle, Individually and as General Partner in New Midland Plaza Associates; New Midland Plaza Asso- ciates; Commerce Partnership No. 1147; Commerce Partnership No. 1171, Plaintiffs — Appellants, V. SHULMAN, ROGERS, GANDAL, PORDY & ECKER, P.A.; Ross D. Cooper; Mark S. Guberman, Defendants — Appellees. No. 10 -5551. Aug. 11, 2011. Background: Former clients filed legal malpractice action against law firm and attorneys. The United States District Court for the Eastern District of Ten- nessee, 2010 WL 1408444, dismissed complaint, and clients appealed, Holding: The Court of Appeals, Kethledge, Circuit Judge, held that action was untimely. Affirmed. West Headnotes Limitation of Actions 241 X95(11) 241 Limitation of Actions 24111 Computation of Period of Limitation 241 U(F) Ignorance, Mistake, Trust, Fraud, and Concealment or Discovery of Cause of Action 241k95 Ignorance of Cause of Action 24lk95(10) Professional Negligence or Malpractice 24lk95(11) k. Attorneys. Most Cited Cases Under Tennessee law, clients knew or had reason to know of their injury as result of their attorney's alleged legal malpractice during mortgage dispute, at latest, when court dismissed all of clients' claims and ordered them to pay fees to attorneys, and thus legal malpractice suit filed more than one year later was untimely. West's T.C.A. § 28- 3- 104(a)(2). *449 On Appeal from the United States District Court for the Eastern District of Tennessee, Before: MOORE and KETHLEDGE, Circuit Judges; MARBLEY, District Judge. rt'- FN' The Honorable Algenon L. Marbley, United States District Judge for the Southern District of Ohio, sitting by designation. KETHLEDGE, Circuit Judge. * *1 Martin O'Boyle, Catherine O'Boyle, and their partnerships (collectively, "O'Boyle ") owned a large shopping center in Tennessee. In 1988, O'Boyle mortgaged the shopping center for $8.9 million. He defaulted on the mortgage in 1998. The bank that held the mortgage note foreclosed on the center in April 1999. After unsuccessful negotiations to end the EXHIBIT O 2014 Thomson Reuters. No Claim to Orig. US Gov. Works. Page 2 436 Fed.Appx. 449, 2011 WL 3510250 (C.A.6 (Tenn.)) (Not Selected for publication in the Federal Reporter) (Cite as: 436 Fed.Appx. 449, 2011 WL 3510250 (C.A.6 (Tenn.))) mortgage dispute, O'Boyle sued various defendants in O'Boyle sued the Defendants in New Jersey state Tennessee state court. He essentially claimed that court in December 2008, claiming that he had lost the these defendants had conspired to bankrupt his part- Tennessee case as a result of their alleged malpractice. nership and to take unlawful control of the center. The Defendants removed the case to federal court. Representing O'Boyle, among others, was the law O'Boyle voluntarily dismissed the suit and rallied in firm of Shulman, Rogers, Gandal, Pordy & Ecker Tennessee federal court in April 2009. That case is the P.A. ( "Shulman Rogers"), + and specifically two of one now before us. The district court dismissed its attorneys, Ross Cooper and Mark Guberman (we O'Boyle's claims as untimely under Tennessee's refer to Shulman Rogers, Cooper, and Guberman one -year statute of limitations. Ibis appeal followed. collectively as "Defendants "). In December 2004, the Tennessee circuit court granted summary judgment for the defendants in that case on each of O'Boyle's claims. On September 27, 2005, the court also ordered O'Boyle to pay over $1.6 million of fees and costs to those defendants, per a loser -pays provision in the mortgage note. O'Boyle moved to amend that order that same day. In De- cember 2005, the court denied both that motion and a separate motion to vacate its December 2004 sum- mary judgment order. The court then entered judg- ment against O'Boyle. The state -court defendants moved for sanctions against O'Boyle in January 2006. The Tennessee court granted this motion in November 2006, ordering O'Boyle to pay $125 million to the defendants and $5,000 to the court. O'Boyle thereafter moved to amend the sanctions order. In January 2007, the court granted this motion and vacated the $1.25— million award, so long as O'Boyle paid the $5,000 sanctions awarded to the court. Meanwhile, in October 2006, Shulman Rogers and Cooper entered into a tolling agreement with O'Boyle. Gubermsn was not a parry to the agreement. The agreement stated that it did not revive any claims that had already become time - barred. The agreement expired in October 2007, but Shulman Rogers and O'Boyle extended it through February 2009. Cooper did not sign the extension. We review de novo the district court's determi- nation that O'Boyle's suit was untimely. See In re NM Holdings Co., 622 F.3d 613, 618 (6th Cir.2010). The parties agree that Tennessee's one -year statute of lim- itations applies. See generally Tenn.Code. Ann. § 28- 3- 104(a)(2). The statute begins running when the plaintiff knows or reasonably should know that he was actually injured by his attorneys malpractice. See John Kohl & Co. P.C. v. Dearborn & Ewing, 977 S.W.2d 528, 532 (Tenn.1998). Although knowledge "is usually a fact question for the jury to determine," Wyatt Y. A Best, Co., 910 S.W.2d 851, 854 (Tenn.1995), a defendant nonetheless is entitled to dismissal far failure to state a claim where "the plain- tiff undoubtedly can prove no set of facts consistent with its allegations that would entitle it to relief." La. Sch. Emps. Ret. Sys. v. Ernst & Young, LLP, 622 F.3d 471,477-78 (6th Cir.2010). + "2 Here, O'Boyle's own pleadings state that the Defendants had "repeatedly advised [him] that [his] claims would defiantly withstand any motion for summary judgment and would, to a reasonable prob- ability, result in a successful outcome[.]" Compl. Q 19(c). Those assurances were proven false in De- cember 2004, when the Tennessee court dismissed all of O'Boyle's claims. Thus, by then O'Boyle had reason to know that he had been injured by the Firm's alleged malpractice. And O'Boyle had all the more reason to know that alleged fact by September 2005, when the court ordered him to pay over $1.6 million in fees to the defendants. Both of these dates precede by more 0 2014 Thomson Reuters. No Claim to Orig. US Gov. Works. 436 Fed.Appx. 449, 2011 WL 3510250 (C.A.6 (Tenn.)) (Not Selected for publication in the Federal Reporter) (Cite as: 436 Fed.Appx. 449, 2011 WL 3510250 (C.A.6 (Tenn.))) than one year the date of the tolling agree- ment— which means that O'Boyle's claims are un- timely. *451 The district court's judgment is affirmed. C.A.6 (Tenn.),2011. O'Boyle v. Shulman, Rogers, Gandal, Pordy & Ecker, P.A. 436 Fed.Appx. 449, 2011 WL 3510250 (C.A.6 (Tenn.)) END OF DOCUMENT 0 2014 Thomson Reuters. No Claim to Orig. US Gov. Works. Page 3 Kelly Avery From: OConnor, Joanne M. <JOConnor @jonesfoster.com> Sent: Monday, June 22, 2015 2:14 PM To: Jonathan O'Boyle Cc: Chris Stearns; Ken Drake; Macfarlane, Mary; Kelly Avery Subject: Gulf Stream Public Records Request - Minor Email Chain Attachments: new pies Jonathan — In response to your June 17, 2015 public records request, please find attached the initial email from Kelly Avery to Bill Thrasher in the April 2013 Marty Minor email chain. Regards, Joanne JONESFOSTER ua N1uvnsnmas.r_s. Joanne M. O'Connor Attorney Direct Dial: 561.650.0498 Fax: 561.650.5300 1 ioconnorQjonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, \C est Palm Beach, Florida 33401 561- 659 -3000 1 www.iQnesfoster.com Incoming emails arc filtered which mac delay receipt. Tliis email is Personal to die named recipient(s) and mac he privileged and confidential. If you are not the intended recipient, you received this in error. if so, anv review, dissemination, or copying of this email is prohibited. Please immediatch. notifj us by email and delete the original message. Kelly Avery From: Kelly Avery <kavery@gulf - stream.org> Sent: Thursday, April 18, 2013 8:45 AM To: Bill Thrasher Subject: new pics Attachments: 4 -18 pics.PDF xeUy Avery Accountant /Assistant to the Finance Director Town of Gulf Stream 100 Sea Rd. Gulf Stream, FL 33483 -7427 561- 276 -5116 561- 737 -0188 fax kaver� ®4ul/rfrenna= Kelly Avery From: Jonathan O'Boyle <joboyle @oboylelawfirm.com> Sent: Thursday, June 25, 2015 6:57 PM To: OConnor, Joanne M. Cc: Chris Stearns; Ken Drake; Macfarlane, Mary; Kelly Avery Subject: RE: Gulf Stream Public Records Request - Minor Email Chain Categories: Red Category Joanne, Thank you for the responses but I wanted to follow up and see if there was any update regarding my UPL file. As a secondary matter, I wanted to follow up on the August Bills of Mr. Sweetapple. I have some concerns. I see that on 8/12/2014, Mr. Sweetapple conference with an unkown person. I wanted to point out that I do not believe a person constitutes a "mental impression, conclusion, litigation strategy, or legal theory." I believe I have seen one of Mr. Sweetapple's depositions where the Town has taken the position that it is not privileged information to reveal who a particular person talks to. Regardless, under the public records exemption cited, I do not believe that the Town can redact who their attorneys converse with. Additionally, I want to ensure that there is nothing redacted that reflects bar complaints or any other issues that are now common knowledge. I gave the Town my position on the issue of "adverse administrative proceedings" and I have not heard anything back. If the Town wants to get an AGO opinion on that issue, I think that would be the most efficient way to resolve any issue. To my knowledge I cannot ask the AGO so I am a bit hamstrung on that one. Also, I believe I asked for any contracts or authorizations between the Town and Mr. Sweetapple or anyone else to work on my UPL complaint (which is part of my UPL file). Do such records exist? And by the Town, I mean employees, agents, officers, ect. I respectfully am tryin to point out documents that I think might exist to be helpful in providing responses. By the way, has the Town received the close -out letter from the UPL Committee or any other communication from the UPL Committee that would constitute a public record? I know I just couched that as a question but I am assuming such records would be in my file. Thank you in advance. And although it is Thursday, I will wish you a great weekend in advance! From: OConnor, Joanne M. [mailto:JOConnor @jonesfoster.com] Sent: Monday, June 22, 2015 2:14 PM To: Jonathan O'Boyle Cc: Chris Stearns; Ken Drake; Macfarlane, Mary; Kelly Avery Subject: Gulf Stream Public Records Request - Minor Email Chain Jonathan — In response to your June 17, 2015 public records request, please find attached the initial email from Kelly Avery to Bill Thrasher in the April 2013 Marty Minor email chain. Regards, Joanne JONESFOSTER Joanne M. O'Connor Attorney Direct Dial: 561.650.0498 1 Fax: 561.650.5300 1 ioconnorejonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Hagler Drive, Suite 1100, West Palm Beach, Flurida 33401 561 -659 -3000 1 www.jonesfoster.com Incoming emails are filtered which may delay receipt. 1-his email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify' us be email and delete the original message. Kelly Avery From: OConnor, Joanne M. <JOConnor @jonesfoster.com> Sent: Friday, June 26, 2015 11:57 AM To: Jonathan O'Boyle Cc: kendrake @didlawyers.com; Macfarlane, Mary; Kelly Avery; Chris Stearns Subject: Jonathan O'Boyle PRR - DPPA Report - supplemental response Attachments: 201506261037.pdf Jonathan — To supplement the Town's prior response to your public records request for any report nun by the Town, its agents or attorneys, pursuant to the Driver's Privacy Protection Act, attached please fund a LEXIS Accurint search run by this office in April 2014 that I have just recently discovered. The Town produces this record solely in an abundance of caution and without waiving its position that (a) the report is not responsive as it was not nm pursuant to the DPPA and (b) the report is not a public record of the Town as never forwarded to, communicated or shared with any of the Town's officers or employees by its outside counsel and not generated in connection with official Town business. With this supplemental production, we consider your request for any DPPA reports to be closed. Regards, JONESFOSTER pxru'n &M1M.m Joanne M. O'Connor Attorney Direct Dial: 561.650.0498 1 Fax: 561.650.5300 1 ioconnor(@,jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561 - 659 -3000 1 www.jonesfoster.com Incoming emails are filtered which mac delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email Is prohibited. Please immediately notify us by email and delete the original message. Important: The Public Records and commercially available data sources used on reports have errors. Data is sometimes entered poody, processed Incorrectly and Is generally net free from defect This system should not be relied upon as defmltively, accurate. Before relying on any data this system Supplies, It should be independently verified. For Secretary of State documents, the following data Is for Infornatlon purposes only and Is not an official record. Certifled copies may be obtained from that Individual state's Department of State. The criminal record data In this product or service may Include records that have been expunged, sealed, or otherwise have became Inaccessible to the public since the date on which the data was last updated or collected. Accudnt does not rooters a "consumer report" as that tens Is defined In the federal Fair Credit Reporting Act, 15 USC 1601 at seq. (FORA). Accordingly, Accurint may not be used In whole or In part as a factor In determining eligibility for credit, Insurance, employment or another permissible purpose under the FORA. Your DPPA Permissible Use: Civil, Criminal, Administrative, or Arbilral Proceedings Your GLBA Permissible Use: Transactions Authorized by Consumer Comprehensive Report Date: 04/21/14 Report processed by: JONES FOSTER JOHNSTON A STUBBS PA 505 S FLAGLER DR STE 1100 WEST PALM BEACH, FL 33401 581859-3000 Main Phone Subject Information (Best Information for Subject) Name: JONATHAN RALLY OBOYLE Date of Birth: 3/xx/1987 Age: 27 SSN: 589-88-xxxx Issued In Florida between 1/1/1989 and 12/31/1990 Vlew All SSN Sources RAoeportLegend: 11 -Shared Address Y - Deceased Probable Current Address AKAs Indicators (Names Associated With Subject) Bankruptcy: JONATHAN R OBOYLE No Age: 27 Property: SSN: 589-88-xxxx No JONATHAN OBOYLE Corporate Age: 27 Affiliations: SSN: 589-88-xxxx No JONATHAN R O BOYLE Age: 27 SSN: 589-88-xxxx Full copy of unredacted report (approx. 45 pages) is withheld pursuant to claim that it contains information protected by the Driver's Privacy Protection Act, 18 U.S.C. § 2721, et seq., and/or Gramm -Leach -Bliley Act, 15 U.S.C. § 6801, et seq.