Loading...
HomeMy Public PortalAboutPRR 15-1873Jonathan O'Boyle has requested the following: communications which reflect the meeting between Joan, Thrasher and Scott where they decided that Scott would be the signatory to the [Bar UPL] complaint Kelly Avery From: OConnor, Joanne M. <JOConnor @jonesfoster.com> Sent: Wednesday, June 17, 2015 8:56 AM To: joboyle @oboylelawfirm.com Cc: Bill Thrasher; Rita Taylor; stearns @jambg.com; Macfarlane, Mary; kendrake @dldlawyers.com; malvarez @dldlawyers.com; Elaine Johnson James; Steven D Weber (SWeber @bergersingerman.com) Subject: Gulf Stream Public Records Request Attachments: RE: new pics 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 _ .___ p+11W(IN KSmem P. a. Joanne M. O'Connor Worncc Direct Dial: 561.650.0498 1 has: 561.650.5300 1 joconnor(7alonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Ccnter, 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 die 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 urban The 477 SS..I Rosemary lAvenue Suite 225 Ph (561) 366.1; d00 Miggnn West Palm Beach, Florida 33401 www.udkstudios.com MW y - -- STUDIOS Urban Planning and Design I Landscape Architecture 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 pits Kd y 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 %aver ®�ul/ -� fream. ark From: OConnor, Joanne M. Sent: Wednesday, June 17, 2015 5:47 PM To: 'Jonathan O'Boyle' Cc: Chris Stearns; Elaine Johnson James; Ken Drake; scottmoraan75(algmail.com; Macfarlane, Mary (MMacfarlane@)ionesfoster.com); 'Kelly Avery'; 'Rita Taylor'; 'Bill Thrasher' Subject: RE: Gulf Stream Public Records Request 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 JONESFOSTER jWINf10.Y kSiU9kR F.A. Joanne M. O'Connor Attorney Direct Dial: 561.650.0498 1 Fax: 561.650.5300 1 ioeonnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower. 505 South Flagler Drive, Suite 1100, \\ esr Palm Beach, Florida 33401 561 -659 -3000 1 www.ionesfoster.com Incoming emails are filtered which may delay receipt. 'Phis email is personal to the named recipient(s) and mac 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. From: Jonathan O'Boyle [ mailto :ioboyle(@obovlelawfirm.coml 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? 1. 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 dayl 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, 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 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 I, 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 J1 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 3 1, who are attorneys at the O'Boyle Law Firm. In the Memorandum in Opposition to Plaintiffs 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 582 99411 -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: s/ Steven D. Weber Mitchell W. Berger, Florida Bar No. 311340 mberger@bergersingennan.com Elaine Johnson James, Fla. Bar No. 791709 eiames@bergersingerinan.com Steven D. Weber, Florida Bar No. 47543 sweber@bergersingerman.com Attorneys far 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: ls/ Steven D. Weber Steven D. Weber 5 CONFIDENTIAL - Filed Under Seal 5829940 -I SERVICE LIST Robert A. Sweetapple, Esq. SWEETAPPLE, BROEKER & VARKAS, PL 20 S.E. 3`s Street Boca Raton, FL 33432 Phone: (561) 392 -1230 Email: Pleadines @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 irandolvh@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 6 CONFIDENTIAL - Filed Under Seal COMPOSITE EXHIBIT A WILLIAM RING BAR COMPLAINT Q FrFDvE 0 The Florida Bar AUG 2 5 2014 Inquiry /Complaint Form ga,•Ae CAP TayNges, i;oA 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 No If yes, how many complaints have you filed? Does this complaint pertain to a matter currently in litigation? Yes X No 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 AUGUST25, 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 VV , vWi na 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 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 a- commerce -group com. (The Application is available on the Florida Division of Corporations website at www.sunbiz.orgl. 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 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 Gulfstream and William H. Thrasher, Jr., Case No.: 2014CA000720XXXXMB 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 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 Guystream, 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 "111). 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 "211). 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 Finn 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 CAM 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 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. - records a.commerce- eroun.com Creation of Citizens Awareness Foundation Inc. ( "CA17I ") 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 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 Finn. 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 CAR 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 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. 2014CAXXXX IB006112 AA (151h 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 a 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 flacitizensawarenessfoundation .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 Finn 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 Finn. 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'h Jud. Cir. 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 CO 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 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 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. Sig Scott W. Morgan Mayor Town of Gulf Stream 100 Sea Rd. Gulf Stream, FL 33483 ZJ� / Date NICKALAUS B. TAYLOR BAR COMPLAINT The Florida Bar Q�j Inquiry /Complaint Form n�(� r PART ONE (See Page 1, PART ONE— Complainant Information.i�� PuG 15 J'p 4 \u\ � 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(3a gulf -st wn.org ACAP Reference No.: Have you ever filed a complaint against a member of The Florida Bar: Yes F7 No If yes, how many complaints have you filed? Does this complaint pertain to a matter currently in litigation? Yes rT< No 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. PART FOUR (See Pagel, 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 �w. �tufe 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(i), 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 Me& 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 nleana(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 #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 Bac rice in the case of Christopher F. O Hare v Town of Gu#stream and William H Thrasher, Jr., Case No.: 2014CA000720)D{)CCAB 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. (fbat 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 I Street, LongpoM 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 Guys 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 Gulfstream, Case No.: 9:13 -CV- 81053 -KLR (Ryskamp, J.), on or about January 13, 2014 (see Exhibit "P'). 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 LongpoM New Jersey, where Jonathan O'Boyle advised Judge Sasser he resides. The Non -Law Firm Feeder Entities On information and belies; 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 CAR, 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 CAFI is funded by Marlin O'Boyle. STOPURTYGOVERNMENT 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 CAM ( "Chandler "),t 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- eroup.com Creation of Citizens Awareness Foundation Inc. ( "CAFP'1 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 bad 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 CAP 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 CAR 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 funs 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 with CAR, 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. 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 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 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 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 CAM 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. 20I4CAJXXCMB006112 AA (15' Judicial Circuit in and Tor 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 (alcitizensawerenessfoundation .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 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 min E. O'Boyle v. Gulf Stream, Case No. 2014CA008529RL (Cty. Court, 15'b Jud. Cit. 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 Hiles. 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(x). 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 Saviry 363 So. 2d 559 (Fla 1978). Counsel for the Town has obtained a lengthy sworn 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. 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 p F-i0EId[ED AUG 2 12014 D PART ONE (See Page 1, PART ONE – Complainant Information.): TM Your Name: Scott Organization: Town of Gulf Stream Address: 100 Sea Rd. City, State, Zip Code: Gulf Stream, FL 33483 Telephone: 561- 276 -5116 E -mail: smorganAyulf- stream.org ACAP Reference No.: Have you ever filed a complaint against a member of The Florida Bar: Yes F_ No If yes, how many complaints have you filed? Does this complaint pertain to a matter currently in litigation? Yes FX—. No (- PART TWO (See Pagel, 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: 954574 -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 1 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 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 Giovaai Mesa, Florida Bar No. 86798 Nickalaus Taylor, Florida Bar No. 51629 Verbonda 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 a commerce- eroup.com. (The Application is available on the Florida Division of Corporations website at www.sunbiz.oral. Tire 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.: 2014CA000720)CX3CX vIB 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 13i11 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 Guf, 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 Gulfstream, 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 alter 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 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 CAF] 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 conespoodence, 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- group.com Creation of Citizens Awareness Foundation Inc. ( "CAFr'1 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 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 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 an 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 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 CAFI 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 CAR cases, conversations were had in his presence about other public records cases to which neither he nor CAF] 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 CAM employee Cathy Zolfo, 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. Gul'Stream and Brannon & Gillespie LLC, Case No. 2014CAX)CXX IB006112 AA (15's Judicial Circuit in and for Palm Beach Cry.). 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 z 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 imohledgcitizenmwarenessfoundation .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 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 DeMarfini 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, 15a Jud. Cir. in and for Palm 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, CM- , 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 Soace 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 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 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 swam 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 Scott W. Morgan Mayor Town of Gulf Stream 100 Sea Rd. Gulf Stream, FL 33483 2J/ / Date From: OConnor, Joanne M. Sent: Friday, June 19, 2015 3:57 PM To: 'Jonathan O'Boyle' Cc: Elaine Johnson James; Ken Drake; 'Kelly Avery'; Macfarlane, Mary (MMacfarlanenionesfoster.com) 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 10 FOSTER _... _... _ . �:,� 1, �: ��,:, �, �:�,,. Joanne M. O'Connor Attorney Direct Dial: 561.650.0498 1 Fax: 561.650.5300 1 ioconnor(ajonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Hagler Center Tower. 505 South Flagler Drive, Suite 1100, West Palm Beach, Horida 33401 561- 659 -3000 1 www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipients) and may be privileged and confidential. If you are not the intended recipient, Von received this in error. If so, any review, dissemination, or cop. mg of this email is prohibited. Please immediateh_ notify us by email and delete the original message. From: Jonathan O'Boyle [ mailto :ioboyle(aloboylelawfirm.coml Sent: Thursday, June 18, 2015 4:59 PM To: OConnor, Joanne M. Cc: Elaine Johnson James; Ken Drake Subject: RE: Gulf Stream Public Records Request Joanne thank you again for making this a priority. I just wanted to follow up with some thoughts about my epectations and perspective. As to the confidentiality of my complaint in 4474,1 found an advisory opinion by the Supreme Court - The Florida Bar, 398 So. 2d 446 (Fla. 1981). In that case the Florida Supreme Court held that Chapter 119 carries no force as it relates to UPL records because the Florida Supreme Court is vested with authority that lies outside that of the legislature's (the good of separation of powers). However, the Florida Constitution has changed since then and vests authority with the legislature to make exemptions, not the judiciary. In an interesting twist, the Constitution does state that prior exemption laws shall remain in force, however this begs the question, is the aforementioned case considered a "law" under that provision of Florida Constitution. I don't know if this is appropriate but it seems like a good one for an AGO opinion request. Nonetheless, I am asking for documents prepared by the Town of Gulf Stream, not an arm of the Florida Supreme Court so my aforementioned idea may be more academic. If you know of an exemption for Bar records in the laws of Florida, let me know, I am a bit amiss. I did see the motion for keeping things under seal, frankly I do not see how records created by the Town in the course of its official business have much to do with the Judicial Rules of Administration and the ability of the court's to keep their records sealed. But in any event, I do not need my complaint, I already got it —so I hope that eliminates that issue. If not, I have already talked to Marty's counsel at Berger Singerman and I am sure that they can weigh in at least as it relates to my complaint. I am still flummoxed with the confidentiality issue and particularly waiver because I am asking for my file. Someone else is not asking for it, I am. If deliverance of my confidential files to myself waives confidentiality, then I could never review my files to see if I wanted to waive the confidentiality. It would be a double down, never review your own files and maintain confidence or view them and lose it. I cannot say I agree that confidentiality follows the rules of quantum cryptography. By that logic, someone who participated in a state -run health program could never retrieve their files without exposing to the world their personal mortality. Can they not submit those same medical files to the Court under seal for litigation? Aren't we talking about two different standards? I am not trying to be irascible so please don't take it that way, I am just trying to say, "any chance to reconsider now that you see it from my perspective ?" Next with regard to the Morgan confusion, and please forgive me for being a bit dense here, but Scott stated "that a review of government records reveals ... That license is believed to be unchanged from 2014." 1 saw the Town's reply but I did not see anything concerning 2014. That tells me that someone saw a government record that showed my license was from Florida as of 2014 apart from the records produced. I apologize if my last request came off as a request for information, I just wanted to be helpful in identifying my concern that Scott's statement strongly indicated that he reviewed a specific government record and that record contained DPPA information. If Scott received such a record on behalf of the Town, I am pretty sure that such a record is a public record. If you are telling me that no such record exists, o.k. but I have asked the appropriate agency to give me a report of all the times my DPPA information was accessed and the reasons stated for it. I will follow up if I find something anomalous. Lastly, and I want to be clear, there are no work product exemptions for the bar complaints and especially my file. No exemptions for any mental impressions, work product or anything else; there never was because the Town was not a party to the Bar's "adversarial administrative proceedings." Nonetheless, that proceeding is over so I am entitled to all privileged materials. I will direct you to State v. Coca -Cola Bottling Company of Miami, Inc., 582 So. 2d 1 (Fla. 4th DCA 1990), it is of no consequence that the release of work product or other privileged information may negatively impact other litigations. Thanks Joanne, Truly I make these arguments to show yall where I am coming from and what I consider to be responsive. And until the good natured argle - bargle comes to an impasse, I am sure we can move on the non - problematic documents first. From: OConnor, Joanne M. [ mailto :JOConnor(o)ionesfoster.coml Sent: Wednesday, June 17, 2015 5:47 PM To: Jonathan O'Boyle Cc: Chris Stearns; Elaine Johnson James; Ken Drake; scottmorgan75(&omail.com: Macfarlane, Mary; Kelly Avery; Rita Taylor; Bill Thrasher Subject: RE: Gulf Stream Public Records Request 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 CR,O Aviation on 10/21/2014. Regards, Joanne JONESFOSTER )unss,aa us nexs. rA. 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. Hagler Center Tower, 505 South Flagler Drive, Suite 1100, k\ est Palm Beach, Florida 33401 561- 659 -3000 1 www.ionesfoster.com Incoming emails are filtered which may delay receipt. This email is Personal to the named rccipient(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. From: Jonathan O'Boyle [ mailto :jobovle(j:boboylelawfirm.coml 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? 1. 1 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: Postmaster Sent: Tuesday, July 14, 2015 11:20 AM To: Local Recipient Subject: LTR OF RAS TO JANET BRADFORD MORGAN ENC VIDEOTAPED STMNT OF CHANDLER.090 .... pdf Linked Attachment Download The following attachment was removed from the associated email message. You may download the attachment, if you are sure that it is safe to do so, by clicking the Click Here to Download link below. File Name LTR OF RAS TO JANET BRADFORD MORGAN ENC VIDEOTAPED STMNT OF CHANDLER.090 .... pdf File Size 246660 Bytes Click Here to Download This attachment file has passed various security checks, but this does NOT guarantee that the file is safe. You should only download the attachment if you know and trust the sender. Attachment downloads are monitored and audited for security reasons. 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. SWEEfAPPLE • •• DOUGLAS C. BROEKER ALEXANDER D. VARKAS, JR, KADISHA D. PHELPS ASHLEIGH M. GREENE • aOAIID Cmrvo:oeotnnssunaAnod Armurev •• BOARp CPRlIrallCwlLIiUALATImTTY September 3, 2014 Janet Branford Morgan, Esquire The Florida Bar Lakeshore Plaza 11 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 Facsimilc:(561) 394 -6102 Please Reply To: Boca Raton E -Mail: rsweetapple@sweetapplelaw.com avorkas@sweelapplelaw.com kphelps®sweetapplelaw.com cbaileyCsweetapplclaw.com dsmith@sw tapplelaw.eom 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 Kelly Avery From: Postmaster Sent: Tuesday, July 14, 2015 11:20 AM To: Local Recipient Subject: Itr to Janet Branford Morgan enclosing Mot sanctions.091014.pdf Linked Attachment Download The following attachment was removed from the associated email message. You may download the attachment, if you are sure that it is safe to do so, by clicking the Click Here to Download link below. File Name Itr to Janet Branford Morgan enclosing Mot sanctions.091014.pdf File Size 232245 Bytes Click Here to Download This attachment file has passed various security checks, but this does NOT guarantee that the file is safe. You should only download the attachment if you know and trust the sender. Attachment downloads are monitored and audited for security reasons. 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 ROBERT A. SWEETAPPLE •, •• DOUGLAS C. BROEKER ALEXANDER D. VARKAS, JR. KADISHA D. PHELPS ASHLEIGH M. GREENE • BOARO CFRTIr1Ea BU9NEf61JTmAl10N ATmRtA:Y •• BONN [FATInFD e1V6T11W.ATIOPNEY September 10, 2014 Janet Branford Morgan, Esquire The Florida Bar Lakeshore Plaza R 1300 Co&ord Terrace, Suite 130 Sunrise, Florida 33483 SWEETAPPLE & VARKAS, P.A. 20 S.E. P Street Boca Raton, Florida 334324914 Telephone: (561) 392 -1230 Facsimile: (561) 394 -6102 Please Reply To: Boca Raton E -Mall: nweetapple@sweetapplelaw.com avarkas@sweetapplelaw.com kphelps@sweclapplelaw, core ciailey, sweetapplelaw.com dsmith@sweetapplclaw.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 yyoou�urs, -�_ ROBERT A. SWEETAPPLE RAS:cjb Encl. Kelly Avery From: Postmaster Sent: Tuesday, July 14, 2015 11:20 AM To: Local Recipient Subject: Transcript of Joel Chandler.ptx Linked Attachment Download The following attachment was removed from the associated email message. You may download the attachment, if you are sure that it is safe to do so, by clicking the Click Here to Download link below. File Name Transcript of Joel Chandler.ptx File Size 178294 Bytes Click Here to Download This attachment file has passed various security checks, but this does NOT guarantee that the file is safe. You should only download the attachment if you know and trust the sender. Attachment downloads are monitored and audited for security reasons. 1 RE: SWORN STATEMENT OF JOEL CHANDLER THE TOWN OF GULF STREAM SWORN STATEMENT OF JOEL CHANDLER DATE TAKEN: Wednesday, July 23, 2014 TIME: 10:48 a.m. - 3:56 p.m. PLACE: Sclafani Williams Court Reporters 402 South Kentucky Avenue Suite 390 Lakeland, Florida STENOGRAPHICALLY REPORTED BY: Julie A. Kelley, FPR Florida Professional Reporter 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 n by: Robert A. Sweetapple, Esquire Sweetapple, Broeker & Varkas, PL 199 East Boca Raton Road Boca Raton, Florida 33432 (561) 392 -1230 0 PRESENT: Robert Cruz, Videographer 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I N D E X ITNESS JOEL CHANDLER Called by The Town of Gulf Stream: Direct Examination by Mr. Sweetapple STIPULATIONS CERTIFICATE OF OATH REPORTER'S CERTIFICATE E X H I B I T S (No exhibits were marked.) PAGE 4 191 192 193 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PROCEEDINGS THE VIDEOGRAPHER: Today's date is July 23rd, 2014. The time is 10:44 a.m. Would the court reporter kindly swear in the witness. (Whereupon the witness was sworn.) JOEL CHANDLER, having been first duly sworn, testified as follows: THE WITNESS: I do. EXAMINATION BY MR. SWEETAPPLE: Q. Good morning, Mr. Chandler. My name is Bob Sweetapple and I'm an attorney. I am one of the attorneys who represents the Town of Gulf Stream. You're familiar with the town of Gulf Stream I take it? A. I am. Q. Okay. And we have not met prior to today; is that correct? A. That's correct. Q. Okay. You contacted me with regard to allegations of conduct of Mr. O'Boyle and the O'Boyle Law Firm and offered to provide a voluntary statement. Are you here voluntarily today? A. I am. Q. Okay. By the same token, I know that you -- M 1 2 3 9 5 6 7 a 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 you have indicated to me that you spoke with your attorneys, private attorneys, before coming here. Have you spoken with your own legal counsel before coming? A. I have. Q. All right. And have you elected to come here without legal counsel? A. I have. Q. Okay. And as I understand it, for some period of time, you worked for a foundation, or an alleged foundation, by the same of the Citizens Awareness Foundation? A. Yes. Q. Okay. I do not want to have you do anything that would invade any privilege that foundation has by ay of a lawyer /client privilege with any law firm, any Florida law firm or any law firm. If in the course of my questioning or your providing information to me you come to a point where that may be happening, please stop, all right, and stop me if that ever occurs because I don't know what your statement is going to consist of in its entirety by any means. A. Okay. Q. By the same token, I know that you have spoken with attorneys because you told me that. You have a right to a privilege with regard to anything you've 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 discussed with attorneys. You have the right to waive that. You've indicated to me that the O'Boyle Law Firm has or does represent you with regard to a couple of public records requests. You're the client I take it in those. If you choose to waive the privilege, that's your prerogative. I'll leave that to your decision and discussions with your attorneys. A. I understand. Q. Okay. I thought the best way to handle this would be for you to just tell me what it is that you anted to make the Town of Gulf Stream aware of, keeping in mind that the town does have, I believe, two cases with the Citizens Awareness Foundation. I'm not counsel in those cases at this time, but I did -- I think you are aware of that fact. A. Yeah, I don't know how many there are, which is part of the reason we're here today. Q. Okay. But you were aware that the foundation has filed suits against -- A. I just don't know how many. Q. Okay. I don't know either. I'm just going by what I've heard. A. Right. Q. All right. Maybe the best way to handle this if this is comfortable for you is just to have you M 1 2 3 4 5 6 7 6 9 l0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 describe for me the matters that are of concern to you that you want to make me aware of. And if you don't mind, if I have a question, I'll interrupt. And if it's -- if it's messing up your train of thought, just let me know and I'll wait. But if not, I'll try to follow up and if something is not clear, I'll get you to answer it. And then when you're done with your statement, I'll probably have some questions for you. A. Sure, feel free to interrupt anywhere along the way. Q. Okay, please. A. Yeah, I, as you know, I think, I went to work -- I was hired as the Executive Director of the Citizens Awareness Foundation, Inc. and I've -- the genesis of that relationship comes from an e -mail that I received from Marty O'Boyle and got an e -mail from him on January 4th of 2014 and he invited me to meet with him regarding the -- what became the Citizens Awareness Foundation, Inc. He invited me to his home in Gulf Stream, which is where I had been previously. I actually met Marty sometime in 2013 I believe, early part of the year. My meeting -- original meeting with was with Barbara Peterson who's president of the rst Amendment Foundation. She was having breakfast th him, thought that I might have some interest in 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 talking to him because as she understood it, he was interested in open government issues as I am. Not -- nothing really significant happened at that original meeting in West Palm Beach. We actually met at a -- I think it was a Holiday Inn In West palm Beach near the airport. We met for an hour or so and that was sort of that. And then sometime after that, I was contacted by Marty's attorneys asking for my input on a number of public records issues they were having in West Palm Beach or Palm Beach County. So I traveled at their expense down to West Palm Beach. And again, this was sometime in 2013. I think it was probably around the Fall. And I reviewed a very large number of public records requests they had made. It was a very casual relationship at that point. And we sort of stayed in contact. We seemed to hit it off. He's a very, very, very pleasant man, very charming. And then in January, on January 4th of 2014, he asked me to come down to West Palm Beach -- or to Gulf Stream to meet with him, which I ultimately did. We exchanged a series of e -mails leading up to that. He invited me to stay at his home. I met him at his home, I believe it was on -- it would have been around January 22nd I think maybe, in that vicinity. We met at his 0 1 2 3 9 5 6 7 e 9 10 11 12 13 19 15 16 17 16 19 20 21 22 23 29 25 home and he asked that the two of us meet privately and that's when he first told me about his vision for creating a foundation. And the idea, as I understood it, was he wanted to provide to me meaningful economic resources so that I could be more effective in my civil rights advocacy. And I have for a number of years, probably eight or nine years, worked full time as a civil rights activist. And my primary focus is open government issues. I work with a number of civil rights organizations. I'm very active in a number of minority communities trying to help people better understand their civil rights with respect to access to public ords and open meetings. So what Marty proposed essentially was that he ld create -- or I don't want to say that he would create, that he would provide the economic resources for the creation of a foundation that would be originally a not - for - profit and that the intention was to immediately begin the process of filing as a 501 -C3 with the IRS to become a non - profit. When we talked, his original proposal was that would be hired, we didn't really have a title at the me, just that I would be hired to head up this ganization and that he would pay me a salary, or the undation would pay me a salary, which he would -- my M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 understanding was he was going to provide all the economic resources. He would be the sole owner, at least in the beginning, and then he would pay me -- that would be paid a salary, that I would be provided with car, that I would be provided with a budget to -- to engage in activism and advocacy for open government. We negotiated over a period of several days e of the economic arrangements and ultimately what we eed to is that I would be paid $120,000 a year, that would have a very unclear budget. I repeatedly asked at my travel budget would be, what my -- you know, at could I plan to spend on advocacy and the response kept getting was -- was whatever it takes. He said that he was prepared to spend $300,000 or more, whatever it takes, to make it possible for me to do what I do. My understanding, or what I believe our agreement was, was essentially that I would be -- well for years I had been working for free making very, very, very little money, but I would now have a salary so I wouldn't have to worry about how to feed my family or keep the lights on, that I would be provided with meaningful transportation, and that I would basically be given the resources to do what I had been doing and just oe able to do more of it. And what that looks like is meeting with 11 1 2 3 9 5 6 7 B 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 student groups on college campuses to inform them, encourage them, to exercise their constitutionally protected civil right to access to public records and open meetings, that I would meet with minority groups, that I would become the public face of this organization d encourage people to exercise their rights. In dition to that, I would continue to do what I've been ing for many years, which is to audit State and local encies for their compliance with the Public Records t. Since I've been doing this since 2008, I have personally been the plaintiff in probably something on the order of about 200 public records lawsuits, and that's not an exact number, that's just an proximation. I have won 99 point something percent of ose cases and about half of those I've done pro se. because of that, I've appeared as an expert witness a number of public records cases. And whether it's served or not I don't know, but I guess I'm widely garded as something of an expert on the issue. cause of that apparent expertise, I think Marty felt that by allowing me to have the resources to go out and do more of the advocacy that I've already been doing, t as a result of that, unfortunately, sometimes 11 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The idea, obviously, was that his son Jonathan was -- had already started, not long before this meeting in January, what I understood to be an interstate law firm, the O'Boyle Law Firm. And it was pretty obvious that -- that the idea was that if Marty gave me, through this organization, significant economic resources to do what I was already doing anyway, that as a result of that there would probably be public records litigation that would have to be referred to some law firm. And I -- it seemed pretty obvious to me that the intent was that as a result of the economic support that I would receive from Marty through this foundation, that his son would -- would have public records lawsuits, which that in and of itself did not make me uncomfortable. I did nk at the time it was necessary to put in place some eguards to be sure that this was above board and that there were no ethical or potential legal issues. And there were a number of things that I insisted upon. There were a number of conditions that I put on the arrangement that I had with Marty. And just to kind of give you a sense of the chronology, we met -- I think it was on January 22nd. It was a Wednesday. And by the following Monday, which I believe was January 27th, CAFI, the Citizens Awareness tion, Inc., was actually incorporated. So we 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 arranged -- we agreed to my relationship with a yet undefined entity which was created on the 27th and I literally went to work the same day that the foundation was created. And I was frankly very excited because it had en a long time since I had had a regular paycheck. My wife was very enthusiastic about that, the prospect of having a regular income. My real enthusiasm was not for the paycheck, it was for the resources to do what I perceived to be real meaningful, valuable advocacy for public. Some of the safeguards that I insisted upon was that, number one, the foundation would be utterly and entirely independent of any influence from Marty and any influence from the O'Boyle Law Firm. And to further that concern or to safeguard that concern, part of the arrangement was that there would be an independent rd. In addition to there being an independent board, t I would have absolute sole discretion with respect to the commencement of open government litigation. I would be the only person that made a decision about whether the foundation was going to engage in litigation. I would be the sole person with authority to retain law firms that -- part of that would be that I would obviously be serving the pleasure of the board, 13 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 1B 19 20 21 22 23 24 25 t the board was to give me discretion about making rangements to engage with law firms and that I would the only person acting on behalf of the foundation to ke decisions about the settlement or litigation rategies. The other condition that I placed on the -- our angement was that I would be -- have sole discretion agency or entity or person that the foundation would litigate against and that there would be no agency that would be off limits. So I didn't want there to be any kind of an arrangement where I was expected or directed to go after one particular entity or that I would be told that there was somebody I couldn't go after. And when I say "go after ", what I mean by that is to -- these audits that I engage in, and which I still do, is I literally will show up at a publically operated agency or a contractor that acts on behalf of a State or local agency and I'll make a public records request for non - exempt public records and see what happens. And if they comply with the Public Records Act, I'll congratulate them and thank them for doing the right thing. And if they violate the Public Records Act and the facts of the cases -- of the case are very clear and 14 1 2 3 9 5 6 7 e 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 unequivocal, then I will oftentimes litigate to enforce the public's right to know. Unfortunately in Florida, the only meaningful enforcement of the public's right to know is civil litigation. That's an observation that both the courts and the governor have made. So on the first day, on January 27th, I went out and started doing my thing. I started in -- in South Florida in Miami -Dade County and I think I went to 12 agencies the first day and of the 12 agencies I went to, there were 10 that were just -- just egregiously violated the Public Records Act. I mean black and white, unequivocal violations of the Public Records Act. And I ended up referring those first ten cases to the -- on behalf of the foundation to the O'Boyle Law Firm. Q. Can you tell me who at the O'Boyle Law Firm? A. Yeah, I dealt with Jonathan O'Boyle and I dealt with Ryan Whitmer. I also dealt with -- there were two other attorneys that were working there at the time, Marrett Hanna and Giovanni Mesa. Q. Okay. And -- and did you -- did the foundation and the law firm enter into any type of written agreement, retainer agreement of any sort? A. No, none that I'm aware of. In fact, that was an issue that I repeatedly raised. I cautioned them 15 1 1 2 3 9 5 6 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 t the potential ramifications of not having a fee eement or at least an engagement letter for each ividual case. My concern was that under 119.12 that entitlement to attorney's fees might be in peril if they didn't have a written fee agreement. But they didn't seem to take that very seriously. To my knowledge, re's never been one. Q. So that -- your advice was to have a written e agreement? A. Yeah. And just so we're clear, I never give legal advice to the public. I am very frequently engaged by, not always for pay, but very frequently engaged or contacted by attorneys asking for my input on public records issues. And that was a very frequent occurrence with the O'Boyle Law Firm. In fact, the very -- one of the very first things I did -- within the first week I actually did a, for lack of a better term, a public records seminar. There were a couple of civil rights activists that I've known for a while who came down. They were in from North Florida. They came down and sat in as well as Giovanni Mesa, one of the -- who was a new attorney at the time and didn't really have much experience with open government litigation -- Q. So as far as you know, the foundation has not been a party to any fee agreements with the O'Boyle Law 16 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 19 19 20 21 22 23 24 25 irm at any time? A. Not that I'm aware of. Q. Okay. All right, please continue. I'm sorry. just -- A. No, that's quite all right. So the -- you know, I -- my time was spent, the first week, going out and actually doing audits of public agencies. I contacted the -- in fact I did a press release. I was contacted by a number of media outlets. I'm frequently contacted by reporters who very often are frustrated in their attempts to get access to public records. I -- somewhere in this general timeframe of late January, early February, I actually spoke with one of my attorneys, Greg Thomas, in fact I met with him in Tampa, and couple of his associates, to kind of lay out ctly what the arrangement was because what I was cerned about was not only whether what we were doing legal, I believed that it was, I was also concerned ther it was ethical and I believed what we were doing s ethical because of the safeguards I put in place, t I was also very concerned about the public rception. What I did not want to do is to be involved with something that appeared to be a mechanism for doing nothing more than generating lawsuits. Unfortunately, my experience has been that when 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you do meaningful public records, open government advocacy, a lot of public agencies either just don't understand what their obligations are and because of that they violate the Public Records Act or the Sunshine Laws, or I think it's fair to say many of them deliberately do it. So as a result, it's really common to get litigation. It's just a -- it's sort of part and parcel to what I do. If I were to audit ten publically operated agencies, municipalities, police departments, Sheriff's, on average about 60 percent of those would comply with the Public Records Act. The other 40 percent wouldn't. They just wouldn't produce the records. If I were to audit ten State contractors whose contracts explicitly make them subject to the Public Records Act, nine out of ten would just violate the law. So I think -- my perception was that Marty, not unfairly, perceived that by giving me the economic resource to do what I was doing, as a result of that there would be litigation that came out of it and litigation has got to go someplace. One of the issues t I've had over the years with private attorneys is it capacity to handle the amount of litigation that es from what I do. You know, the cost of filing fees d attorneys being willing to take cases on a ntingency basis has always been a very significant �l 1 2 3 a 5 6 7 a 9 10 11 12 13 19 15 16 17 1e 19 20 21 22 23 29 25 limiting factor to the amount of litigation that I've been involved with. In spite of being involved with literally hundreds of public records lawsuits, I've only filed a tiny fraction of those that could have been filed just because I simply didn't have the resources to -- to litigate the other ones. When I asked Marty about that, you know, what are we -- what's your -- I think the way I put it to him was what's your tolerance for pain, hat -- how much money are we talking about, I mean how Q. For what, for filing fees? A. For filing fees. Q. Okay. A. Yeah, how many -- how -- you know, and his response was how many do you think you would get? And my immediate response, just sort of a knee -jerk without really thinking about it, would be 100 and he sort of was like yeah, that doesn't seem -- like so what, that doesn't seem like very many. And he was a little -- I don't remember his exact words, but it was something to the effect that -- that, you know, 100 in a year is not very many and I said, no, no, no 100 a month. I mean if I went out and did what I do full time, it would not surprise me if what resulted were 100 cases a month. 11 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 And his response, I was really sort of shocked, pleasantly surprised, his response was yeah, sure, that's not a problem. So then I was like, again, just trying to get a -- trying to get a sense of the depth of the water, what if there were -- that would be 1,200 in a year. What if there were -- what if there were 2,000 in a year? Sure, no problem. What if there were 3,000 in a year? Sure, no problem, whatever it takes. And I was -- it was both frustrating and very windsome, frankly, every time I asked the question well -- you know, what's -- how much can I spend on travel? hatever it takes. Well, how much can I spend on advocacy? Whatever it takes. All right, well, what if I want to sponsor -- the First Amendment Foundation does, every year, they do Sunshine seminars all around the state of Florida and they're free to the public and public officials go to them. Can I sponsor those? Sure. Well, can I buy hundreds of Sunshine manuals which cost $18.95 a piece and I just want to give them away, not ask for a penny, I just want to give them to anybody that wants one? Sure, buy all you want. I mean it was this sort of blank check, do whatever you think you need to do, you do what you do and -- and I think the understanding was that as a result of that cases could -- would flow to the O'Boyle Law Firm. 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 But one of the safeguards that I insisted on s that I would be able to refer cases to other law firms because I did not want this to be, you know, the kind of arrangement where all I was doing was generating lawsuits for anybody, but particularly for one law firm. My understanding of our arrangement, what I insisted upon, was I would go do what I do, you'll provide the economic resources for me to do that more effectively, and if litigation flows from that, that's fine, if litigation doesn't flow from that, that's fine. This is not about going out and getting lawsuits. This is about doing meaningful advocacy, knowing that historically unfortunately litigation very often comes from that. I e it very clear that I would not have any kind of a quota for lawsuits. I would -- my income, and this was a very critical part of it, my income was completely unaffected by litigation. I didn't get any more or any less whether we got lawsuits or didn't get lawsuits. I got no more resources or no fewer resources whether we got lawsuits or didn't get lawsuits. And, you know, this was a very agreeable, cable -- Marty and I, as I said, met at his home terally sitting next to his pool. And then after that went and met Jonathan, his son, for dinner and we nd of talked more about the details of this and away 21 1 1we went. 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 Q. Okay. So Jonathan was involved in the early etings with regard to forming this foundation? A. Yeah, my sense of things was that -- I -- leading up to my trip from Lakeland down to Gulf Stream to meet with Marty, I also had a number of phone calls e -mail exchanges with Jonathan O'Boyle and Ryan tmer who -- Ryan was the -- as I understood it was s law partner and I had met Ryan before, a very arming guy, a very nice guy. And they were very cited. I've dealt with a lot of lawyers over the years. I change lawyers like most people change socks. And, you know, my perception was you're a couple young guys. They're setting up a law practice. They seemed very excited about open government litigation. And my understanding is they had done a little bit, not very much. They -- the big change for me was that I was dealing with people that had real meaningful economic resources because I kept asking the question, not only to Marty, but to the attorneys, what is your capacity? Because when somebody says to me, and I've had attorneys ask me this before, well, you know, like I would love to do litigation, how many cases are we talking about? You w, I would -- will ask attorneys what's your -- is your tolerance for pain, how many can you handle? 22 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 And they almost always are shocked by the -- just the sheer volume of cases that are out there. There's just almost a limitless number of cases when it comes to open government because there's just so many violations of the law -- Q. Okay. Now the -- I'd like to just interrupt there. A. Yeah. Q. Because you didn't start working for the -- the foundation wasn't even formed until the 27th of January? A. Right. Q. So you met with Jonathan O'Boyle prior to the foundation being formed? A. No, we -- we talked on the -- yes and no. We -- he and I spoke on the phone. Ryan and I spoke on the phone. We had a conference call. We exchanged e- mails. We met with -- when Marty and I had dinner with Jonathan. I believe it was on the 22nd. And the foundation wasn't actually officially incorporated until the 27th. And there were a series of -- there were a number of reasons for that. One was Marty had originally proposed that we use, and I don't even remember the name of it now, there was some not - for - profit that had already been created. My objection to using that was that Mart -- that Jonathan 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 was actually on the board and I thought it was entirely inappropriate for an attorney who might represent the foundation to be on the board of the foundation. I thought that clearly showed a potential conflict of interest -- Q. What was the name of that not - for - profit? A. I have no idea. Q. And had it just been recently formed? A. No, my -- my sense was that it had been created -- it had actually been -- existed for some time, but they had never really done much with it. Q. And did you discuss with Jonathan that would be a conflict -- A. I did. Q. And with Martin? A. Yes. Q. Okay. A. Yeah. Q. All right. And at the time that you -- you were having the dinner and talking to Jonathan or communicating with him prior to actually going to work for the foundation -- A. Uh -huh. Q. -- did he disclose to you that he was not a member of the Florida Bar? 24 I 1 2 3 9 5 6 7 8 9 to 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 A. I don't recall. I -- you know, I had met with Jonathan and Ryan a couple of times back in 2013. You know, we had dinner, sort of a social talk shop kind of thing. And I remember that both of them -- I think Jonathan is licensed in Pennsylvania and New Jersey and I think Ryan passed the Bar in New York maybe. Both of them had just sat for the Bar in Florida. I think Ryan had gotten his law license in Florida maybe in November and Jonathan was still waiting to -- he had passed the Bar, but he hadn't yet gotten licensed. I don't know exactly when I learned that. I don't -- I don't remember whether that issue came up or not. Q. Before the foundation was formed, did Ryan or Jonathan tell you that they had formed the O'Boyle Law Firm? A. Yes. Q. And did they tell you they had opened it -- whether or not they had opened it in Florida? A. Yes. Q. Okay. And did you discuss with them who was working at the O'Boyle Law Firm prior to your forming the foundation? Did Jonathan ever tell you that he was working there? A. I don't remember him ever using those words. It was very clear to me that I was talking to the two 25 1 2 3 a 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 principals of the law firm. I mean that seemed very, very apparent. It was never presented to me as Ryan is the only attorney that I'm dealing with. I mean this again goes back to the issue of, you know, what's your capacity, how many lawsuits are we talking about -- Q. All right. We'll get into that. This is very early -- A. Yeah. Q. I'm just trying to nail down -- A. Yeah. Q. -- the facts concerning your -- your dialogue prior to your becoming employed by this foundation. A. Yeah, part of the -- part of the issue was -- and, you know, I am sort of perpetually on the hunt for attorneys who can either assist me as a plaintiff, but more importantly who are available to assist citizens when they have issues with public records access. I get contacted by citizens all the time, almost every day, and I don't -- I'm not a lawyer referral service. I don't ask for anything in return. I don't get any kind of a kickback. I don't get any kind of referral fee. It's just, you know, they are people who need help and most of them don't have the resources to hire an attorney and wouldn't know where to start. So before I even met with Marty, so between the 26 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 telephone conversations with Jonathan and Ryan. Part of those were -- the initial conversations had nothing to do with the foundation. It was hey, we're starting a law firm, you know, if you need -- if you want us to take cases, we're available to do that. We kind of talked about, you know, working together in that capacity, either them representing me or me potentially referring clients to them, again, for no compensation on y part. And we even discussed the possibility of them hiring me on a -- an ad -hawk basis to consult on public records cases, which I've done for a number of law firms. And during that telephone conversation, I actually said to them that, you know, if -- a better way of doing this, for a whole host of reasons in my opinion, is to have a non - profit that's actually doing a lot of this litigation as opposed to having individuals doing it. And their response was, you know, sort of to laugh, well, you're really going to enjoy the conversation you're getting ready to have with Marty. I mean they -- they clearly knew that the was -- this was part of what Marty had intended. And in fact I was so fident of that, the week leading up to my visit with I sat down and -- in front of my computer and I -- 27 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 28 I came up with a budget. I really believed this is what they were going to propose, that -- that, you know, they would create some sort of foundation and I'm going to have resources. And ironically, the budget I came up with was virtually identical to what Marty proposed. Now, I was only going to -- thinking maybe I'd get paid $60,000 a year and I think I was guessing about $250,000 a year in total budget. It ended up being closer to 300,000 and paying me 120. But, yeah, it was clear that there was -- and again, I don't -- even now I have no objection to that -- the concept of a man who's wealthy funding a not - for - profit that does real meaningful civil rights advocacy and operating completely independent of his influence and completely independent of any outside influence, period. Q. And I understand that was the rules you laid down -- A. Right. Q. -- from the very beginning? A. Right. Q. Now, what -- what I want to be clear on is even before -- before this concept of -- of Marty funding and forming, causing to be formed, a not - for - profit, you had discussions with Jonathan O'Boyle regarding having his firm represent you and your entities -- or you or your 1 2 3 9 5 6 7 6 9 10 11 12 13 19 15 16 17 16 19 20 21 22 23 29 25 associates or people that you were assisting -- A. Yes. Q. -- in public records litigation and the state? A. Yes. Q. And who was it that said, during these conversations prior to talking to Marty, who was it that brought up the idea of a -- forming a not - for - profit, was that Jonathan, Ryan, you? A. I -- I brought it up and -- and simply because, you know, I really do believe that if you're going to do a lot of advocacy for all the reasons that -- that, you know, the protections you get from having a corporation and for -- and also frankly from a credibility perspective, to actually have a legitimate entity that's going to defend the public's right to know. I thought that would just be a better way of doing it. And when I -- as soon as I mentioned it, they, you know, not in a bad way, but they, you know, laughed like, you know, obviously you and Marty are -- are, you know, already thinking the same way. You're really going to like this conversation you have with Marty. Q. So that was Jonathan that said that -- A. It was Jonathan and Ryan, yeah. Q. Okay. So Jonathan due that your -- his father aas going to propose that to you, it seemed from your 29 1 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 1e 19 20 21 22 23 24 25 ersation? A. That -- that was very much my understanding, S. Q. Okay. A. Now -- and I was -- when I was setting up this meeting to go down -- when I went down there, I actually had expected that I was going to meet with Marty and Jonathan and -- and probably Ryan. And when I mentioned that to Marty in an e -mail, his response was I want to eet with you privately first, which was fine, and that's why he and I met at his home and then from there we went -- he and I went and met Jonathan at a -- at a restaurant. Q. Okay. And before you continue, I'd like to follow up on just one other area -- A. Sure. Q. -- if you don't mind, and I'm sorry if I'm -- A. No, please do. Q. -- taking you off track. With regard to the proposal that some other not - for - profit or foundation be used, you mentioned that Jonathan proposed one, but he was on the board of it and you rejected that idea. A. I did. Q. Okay. Did you discuss that with just Jonathan or did you discuss that with Marty or Ryan -- 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. No, we were -- we were actually in a -- in a conference room at Marty's business, Commerce Group, which is where all of these -- you know, the foundation, the Citizens Awareness Foundation, never had its own offices. We -- you know, the -- Marty, I thought very generously, allowed me to sort of camp out at empty desks in the building and convenient -- it was very convenient actually because the office in Deerfield Beach also housed the law firm -- Q. So the Commerce Group office is at what address? A. I believe it's -- I think it's 1280 West Newport Center Drive, Deerfield Beach, 34422 I think. Q. And what suite number is the Commerce Group in or does it have a suite number? A. I don't think there's a suite number. Q. Okay. And so the -- you worked out of the Commerce Group offices? A. Well, I worked from my home in Lakeland, but when I -- Q. Okay -- A. Yeah, but when I went down to Deerfield Beach, that's where I went -- Q. Okay -- A. -- was to the Commerce Group offices. 31 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1e 19 20 21 22 23 24 25 Q. And was the law firm, the O'Boyle Law Firm, in the same offices as -- A. Yes. Q. -- the Commerce Group? A. Yes. Q. They weren't in a separate suite? A. No, they were literally in a -- in a back room. It was sort of funny because they -- they -- right across the hallway I think -- I think the address across the hall is 1286, I think, and the -- this is a facility. I don't know whether Marty owns it or leases it, but he has control of it. And they were, at the very beginning stages of -- of remodeling the space across the hall from the Commerce Group, and while that was going on, the O'Boyle Law Firm had set up shop in a back room and it was just a very -- it was a large room that literally -- we joked about it. The wires were hanging down from the ceiling. There were no cubicles. It was just -- there were desks and it was really, really inconvenient and very annoying actually because if I'd sit in to have -- sit down and have a telephone -- have a face -to -face conversation with an attorney, you know, one desk over, six feet away, there's another attorney, you know -- it's just -- it was very chaotic. 32 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. And the Commerce Group employees could walk in and out of the law firm -- A. They did walk in and out. In fact, they shared employees. Q. Okay A. The Q. And let me follow up on that. A. Yeah. Q. Was there ever a separate sign and a separate door for the law offices when -- A. No. Q. No. So they were just -- the law office was part of the Commerce Group operation? A. It was housed in the Commerce Group operation. Q. Now, let's get to employees and that because I understand your insistence that the -- the total independence -- A. Yes. Q. -- which I fully appreciate. A. Uh -huh. Q. But what I didn't -- I didn't -- I don't know the names of any of these people that are involved, A. Yeah. Q. -- I understand that Jonathan was on the board 33 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of the originally proposed foundation, which you rejected. Were there any other people on that board that you thought -- A. I don't know. Q. -- constituted a conflict? A. I don't know. Q. Okay. And as far as when the foundation was formed -- A. The Citizens Awareness Foundation. Q. Yes. Can you tell me what the names of the A. Yes. Q. -- board members were and who they were? A. Yes. William Ring, Bill Ring -- Q. Who -- who is Mr. Ring? A. He is the -- Q. I've seen it once. A. Yeah, he is the -- he's an attorney. I understand he's not really practiced law in the traditional sense much. He, I have been told, has been working with Marty for about 30 years. Q. Okay. In his business? A. In his business, the Commerce Group. Q. So Mr. Ring was not a member of the O'Boyle Law Firm as far as you were advised? A. Not at the time he was not. 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Okay. All right -- A. And in fact, Bill had actually represented me in one public records lawsuit against the Town of Gulf Stream. Q. William Ring is Bill? A. Yeah, Bill Ring. My understanding, I don't know if this is accurate or not, but I was told that he had never even filed a lawsuit before. So when -- when I retained him to represent me in a lawsuit -- Q. Keep in mind you don't have to disclose A. No, I'm happy to. Q. -- unless you choose to -- A. No, I'm happy to. Q. Okay. A. I mean literally it was, you know, can you help us draft a lawsuit. And I've done a lot of drafting Q. He asked you to draft the -- help him draft A. It was either he or -- or Ryan Whitmer who at the time -- Ryan I think had already sat for the Bar, hadn't been licensed yet, so was essentially functioning as his paralegal. Q. As Mr. Ring's paralegal? A. As Mr. Ring's paralegal, yeah. Q. And -- and who asked you to draft the lawsuit? A. I think Ryan did. 35 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. For -- for Mr. Ring? A. For -- yeah, on behalf -- yeah, I don't think there was anything appropriate -- inappropriate about it. He was communicating to me from Bill Ring, you know, can you help us. I had -- have done a lot of pro se litigation. I -- you know, there's a -- in fact I've very frequently -- this is an issue that comes up in -- with opposing counsel very often, that they see the same template over and over again and my -- you know, my response is well of course you do, I don't get -- my -- I don't -- my time is not compensable so why would I draft a lawsuit from scratch for every lawsuit. And, you know, by the way it works. I've won 99 point something percent of the time. It's a -- Q. Right -- A. It's a good template. They actually -- I think with the lawsuit against Gulf Stream where they represented me as the Plaintiff, I think it was my template they used. Q. Okay. Did that case get settled or -- A. I want to say that it did, and it wasn't for much. It was like -- the number that sticks in my head was like $1,200 or something. It's just whatever the legal fees were. I -- I got nothing out of it. It was lust -- 36 1 2 3 9 5 6 7 e 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 Q. Did you have a written fee agreement with Mr. Ring? A. I don't recall whether we did or not. Q. Do you know if he ever had time records or time billings? Did you ever get a bill -- A. Couldn't tell you. Q. Did you ever get a bill? A. I don't recall seeing a closing statement. Q. And so did you ever see any representation as to how much time he had spent? A. I don't recall seeing anything like that. Q. Do you know if he did any work besides use your template to file a lawsuit? A. Couldn't tell you. Q. So that -- that case was pending and has been settled? A. Yeah, I understand it's been settled. Q. And the counsel of record was not the O'Boyle Law Firm. It was William Ring? A. Yeah, this was -- this was long before -- I say long before. This was sometime in 2013. Q. '13. Any other cases that were filed by Kr. Ring or anyone involving your -- the O'Boyle's in any way prior to the foundation being formed? A. No, and -- and in all fairness, that -- Bill's 37 1 1 2 3 4 5 6 7 e 9 to 11 12 13 14 is 16 17 16 19 20 21 22 23 24 25 representation of me did not involve the O'Boyle's. I can he -- he was not representing me as -- as I understand, in fact there's an e -mail which -- which says this, that Bill actually formed, you know, a firm in order to represent me in this case. Q. Okay. What was the name of the firm? A. I don't remember. Q. Okay. So as far as you're concerned, throughout this time Mr. Ring has his own firm he's working for, but he's also Mr. O'Boyle's business associate? A. Yes. Q. Okay. So the -- Mr. Ring is on the board from the -- A. He's the -- he was president of the board from very beginning. Q. And -- and I guess he was -- I don't want to S. Is it accurate to -- strike that. Who appointed Mr. Ring to the board, was that A. I have no idea. I mean I -- Q. Did Martin O'Boyle decide who was going to be on the board? A. That was very much my understanding, yes. I -- I had no input. I didn't -- I had nothing to do with 1 2 3 4 5 6 e 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 that. I was -- Q. Who was told -- A. I didn't have anything to do with the name. It was -- I was not at all affectionate towards the name. I was not enthusiastic about it, but it -- it is what it is and -- Q. Okay. So Mr. Martin O'Boyle told you who was on the board; is that correct? A. Yes. Q. Okay. A. So Bill was on the board and then -- Q. Go on. A. -- and then a woman by the name of Denise DeMartini. Q. And who is she? A. She is also, I understand it, a long -time employee of -- of the Commerce Group. She's been with Marty for -- I think she's been there longer than Bill. Q. Okay. So -- A. And I had never met her. She works from her home as I understand it in Merritt Island, so I -- you know, I would hear her name. I never met her. Q. Okay. A. And when I talked to her the first time -- oecause all this was happening very quickly. You know, 39 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 we -- we met on the 22nd. I literally stayed at Marty's house for like ten days straight. We were, you know -- I was looking at trying to hire employees and, you know -- I mean this was a very fast paced sort of series of events. And at one point I -- I -- you know, I needed to get a website set up for the foundation and get business cards and, you know, get a logo and that sort of thing and I mentioned something to the -- about this to Marty and he suggested that I contact Denise because that -- you know, she's really good at that kind of stuff, so I actually called and talked to Denise and -- by the way, let me correct -- I don't -- I wasn't in Marty's house for ten days. I was -- I was in South Florida for ten days. I was at his home for several days and then I -- when I went down to Miami /Dade, I started staying in hotels. When I called Denise to ask for her help on a logo, she -- and I mentioned to her about being a board member. She seemed shocked that she was a board member. She made it very clear she didn't even know she was a board member. Q. And what did you tell her? A. Well, like congratulations, you know, you're -- apparently you're on the board. And then the other board member, the third and final board member, was a I , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 woman named Brenda Russell. And Brenda has been Marty's personal secretary for many, many years. I think she's probably been there longer than Bill or Denise. That's y impression. A very sweet lady. At least from my perception, her involvement with the foundation was minimal. She was really -- she was the person that I gave my, in the beginning, gave me receipts to, you know, for reimbursement and credit card stuff. That as -- I never dealt with Brenda in any capacity. When -- when I did meet with the board, she was never present. Her, you know, involvement seemed, you know, minimal. It was striking to me in the beginning -- Bill s the person who seemed to have the most knowledge and perience about government issues, which I would scribe as being pretty minimal. Denise seemed npletely and utterly unknowledgeable about any vernment issues at all. And Brenda was the same way. Q. And all three of them were employees of the erce Group? A. Yes. Q. Okay. A. Yes. Q. And that's one of the reasons you insisted on 41 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 having absolute independence? A. That's exactly right. Look, I -- I understand that, you know, here you have this very wealthy man, Marty O'Boyle, who is financing this not - for - profit, hopefully going to become a nonprofit, and is -- is, you know, prepared to dump hundreds of thousands of dollars a year, in perpetuity by the way. It wasn't just a -- this is $300,000 to begin with. It was whatever it takes for as long as it takes. And I also understood from -- both from Marty, from Ryan, and from Jonathan that Marty was financing the law firm. I had -- I don't know the details, but as I understand it, he was loaning them the money and was. Q. Who told you that? A. Marty, Jonathan, and Ryan did on all -- all three of them on separate occasions. Q. So did -- they told you that -- that Marty was funding the law firm? A. Yes. Q. And loaning the money for the law firm? A. Yes. I don't know how much money. I mean the -- the number that I heard from Marty was a million dollars. I don't know whether that's true or not or accurate or not. Maybe that was just -- Q. Do you know if he ever paid salaries of the law 42 1 2 3 a 5 6 7 e 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 employees from the Commerce Group? A. I couldn't tell you. I can tell you that -- that the person who was handling the money is a woman by the name of Carla Clutchen (phonetic), who is a Commerce Group employee. She also is the person that I dealt with for financial issues on behalf of the foundation. She's the person that got my paychecks. She's the person that I sent up -- gave -- initially gave some of y receipts to, Brenda and then very shortly I was directed to start giving all of that to -- to Carla. Q. And Carla works for the Commerce Group? A. Yes. Q. And did the foundation ever open a bank account? A. I believe that it did. I mean I was not a -- Q. Were your salary -- was your salary paid from a Commerce -- from a Commerce Group account or from a foundation account, do you know? A. I couldn't tell you. I think that the -- because there were discussions about -- in the very beginning, and understand that -- that, you know, I have gone from being, you know -- I mean when I went down there to meet with Marty, I had one car. I didn't want to leave my wife and children stranded, so I rented a car, the cheapest car I could find. You know, I'm 43 1 2 3 9 5 6 7 e 9 10 11 12 13 19 15 16 17 1e 19 20 21 22 23 29 25 scraping together enough money just to buy gas to get down there, so I'm doing everything on a shoe - string. And so I -- it was an awkward conversation, but I told Marty when we first got started, look, I don't -- I'm not in a position to encourage expenses and get reimbursed, I need money up front do you -- do you even do this? And he was very gracious about it. He called Carla. We were in his conference room. He called Carla and said I -- you know, cut Joel a check for $1,000 and, you know, and as soon as he needs more money, give him more money. Q. Was this before the foundation was formed? A. This is I think when the foundation got formed, but at that point he did not have any bank account, so I'm trying -- Q. So he paid from the Commerce Group for the -- A. I think he marked it as a loan because I -- I ended up giving that money back once I got reimbursed, but he -- he was very insistent that hey, we needed to get a bank account set up for the Commerce Group. I think it was set up at BB &T. We need -- we need a card, you know, so that Joel can use a credit card. Q. Did you get a credit card from him personally or from the Commerce Group or both? A. I got one from Brenda and -- that was on, as I 1 , 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 understood it, from her. In fact there are a whole bunch of e -mails that will support this, that the first credit card I had was on Marty's account and I know that because it was really annoying. I would -- because I was on the road a lot, like, you know, maybe weeks at a time, and she -- apparently there were a lot of people, both at the Commerce Group, that had credit cards on Marty's personal account because she told me that every single night I had to scan my receipts and send them to her, which was really annoying because I would get in -- you know, been on the road all day and get in a hotel room at 11:00 at night and the last thing I want to do sit there and scan receipts, which I would have to do ry single night, all my receipts for that day, and then she very frequently would send me credit card statements that had all these charges, not just mine, but other people's, and I had to go through and identify ich ones were mine. Q. And those were on Marty's cards? A. Those were on Marty's card, right -- Q. When you were in Miami doing work or wherever? A. Yeah, wherever, yeah. So -- but at some point, within a few weeks, there was actually a credit card that said Citizens Awareness Foundation on it. It had name on it and, you know, I was no longer -- I gave 45 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 them back the card that I got because I had Marty's card, but it had my name on it. It was his account with y name. Q. Did you reimburse Citizens Awareness for the charges -- or I mean reimburse Marty for those charges? A. I turned in all my receipts. Q. I mean you were paid by him and then you were paid by Citizens Awareness account? A. I -- well, I got a Commerce -- I got an advance from the Commerce Group on a Commerce Group check for like $1,000 and I think I went back maybe a week later and needed like another $1,000. And I give them all my receipts and, you know, I -- I didn't have anything to do with the money with the Q. Okay. So you didn't have to repay cash, you just give your receipts for the advance? A. Yeah. Q. Okay, I got you. I understand. A. Yeah, and -- Q. And when was the first -- was there ever a board meeting after the foundation was formed or did Marty just say your -- your title is chairman or something? A. Well, we kind of -- yeah, we kind of went around and around about the -- the title. I felt WE 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 strongly -- I have a number of friends who are involved with non -- nonprofit organizations and I've never -- personally never been a big person -- big on titles, but I was told by some people who are involved with nonprofit's that, you know, you really need to be called Executive Director because apparently that matters in the world of nonprofit's I guess. That's code so we can tell each other that we're the big wheel of whatever ;entity we're involved with. So I told him I wanted to be called the Executive Director and he agreed to that and, you know -- yeah, so I was the Executive Director. Q. Okay. Did you ever have any employment reement, written employment agreement? A. You know, I -- I told Marty that I wanted a ntract, and this was the -- the only -- I think the ly condition that he did not agree to. I wanted -- I nted a five -year contract, and the reason I want ed a five -year contract was I thought that that would further enhance my independence that -- and he said, no, he didn't want to do that and then I said well, how about a year, and he didn't want to do that, let's just kind of see how it goes. And, you know, he had been so generous and agreeable on -- he originally offered me -- I think he originally offered me $75,000 and I told him that I ted 120. I mean why not. I mean -- and I was 47 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 surprised how fast he said yes. In fact afterwards I thought man, I should have held out for more. He had been so agreeable and -- and, you know, Marty has the -- up until very recently, has always been exceedingly kind, gracious, generous, very deferential to me, just a -- you know, my experience with him personally has been nothing but delightful. Q. So you trusted that he would honor your oral agreements with regard to how the foundation would be run without a written contract? A. Yeah, and -- and a big part of that was -- was this sense of deference that he had always given to me, that, you know, he frequently referred to me, and I don't know why he did this, but he would refer to me as Dr. Chandler, you know, that I was the -- I was the guru on public records, which I don't hold myself out as that, but he very much perceived that I was sort of the expert on -- on public records issues and, you know, if I thought that we needed to do things a certain way, that he would defer to that. And I -- I put a lot of stock in that deference because I felt that he would continue to defer to my judgment on issues. In fact, he told me that the reason that he was hiring me was primarily because of my judgment. So that, having been communicated, made me feel a pretty high self of -- a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 etty high level of confidence that, you know, they're ing to do things the way I think they ought to be Q. And by the same token, you didn't -- you didn't sign a non - compete or -- A. Well, I'm sorry, yeah -- Q. -- another agreement or anything like that? A. I apologize. I didn't answer your original question about the agreement. We -- I ended up drafting memorandum of understanding. That's the closest thing we got to a contract. And he and I batted it around. He asked me to make a number of revisions to it. I never dealt with the board on that issue. It was all with Marty. And I signed it, but I never received a signed copy back from a board member, so I don't -- I don't know whether they signed it or not. Q. Okay. And -- A. But there was no confidentiality agreement. There was no -- you know, he told me -- because what I wanted to do originally was I asked for $60,000 a year and the freedom to continue to do pro se litigation and he adamantly refused that. He was really adamant. In fact, he -- the way he put it was when I buy people, I want to buy all of them. And I didn't take that to be, you know, offensive necessarily. I didn't think he M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 50 as -- had mentioned servitude. I got what he meant and he wanted 100 percent of my attention. So there -- that as the only real stipulation in the memorandum of understanding that I wasn't really enthusiastic about, but at 120 grand a year and a lot of resources, I can live with it. Q. Did you set forth in the memorandum of understanding your independence with regard to instituting litigation, settling litigation -- A. Yeah, that I would -- that I served at the pleasure of the board and I don't -- I'm more than happy to furnish you a copy of the -- Q. Okay -- A. -- memorandum, but I don't remember the exact details. But, yeah, it was -- you know, this was a -- arty was not -- he's not on the board. He's not on the -- Q. But you negotiated this with Marty though? A. Oh, absolutely, there wasn't anybody else to negotiate with. Q. Right, okay. A. Yeah. Q. So, if you don't mind, I would like a copy of that. A. Sure. 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 Q. So I think I diverted you from your -- your chronology and your -- and what I'd like to do is take a five - minute break. A. Sure. Q. And then come back and -- I think we were at the point where you were describing the formation of the entity and the board and your dealings at that time, so we're, I guess, still in early January or late January? A. Late January, early February, yeah. MR. SWEETAPPLE: Okay, great. How about a five - minute restroom break? THE WITNESS: Sure. THE VIDEOGRAPHER: We're off the video record at 11:93 a.m. (A short recess was taken.) THE VIDEOGRAPHER: We're on the video record at 11:51 a.m. Q. All right. Mr. Chandler, would you please continue with what you wanted to relate to me regarding Mr. O'Boyle? A. Yeah. So we got -- we -- things really got rolling in earnest starting January 27th. The first week I did a -- it was very exciting. I did a seminar for a couple of activists and Giovanni Mesa, one of the attorneys for the O'Boyle Law Firm, sat in on that. And 51 1 2 3 9 5 6 7 e 9 10 11 12 13 19 15 16 17 16 19 20 21 22 23 29 25 I actually hired the first -- or I guess I was the first employee for the foundation, but the second employee, a guy named Terrell Elliston (phonetic). He only worked for a very short time, two or three days. He and I had been friends for a long time and he just decided he wanted to go in a different direction. But I met with he and his wife. He and I went out and actually made a bunch of public records requests together. In fact, he was with me on that first audit I did in South Florida. All of my interactions -- I didn't have any interactions with the board at all except -- in any official capacity. I talked to Denise DeMartini early on about helping me develop a logo for the foundation and that's when she expressed her surprise that she was on the board. But we -- we had that conversation by phone. I still hadn't met her. I would see Bill Ring on a pretty regular basis, but just because he was there at the Commerce Group. We never really interacted much. In fact, we kind of had this ongoing running joke, that n I would see him, I -- you know, I'm supposed to -- I serve at your pleasure and, you know, at your rection and his response would be I direct you to -- you know, go do something. I mean, you know, it s sort of -- it was sort of -- in a friendly way, sort a nod and a wink that, you know, they're really not 52 1 2 3 a 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 doing anything. I'm -- I'm doing it, which was great for me because the -- frankly the -- I was very happy, delighted actually, to be accountable to somebody for the money, for what I was spending, but I was equally delighted that I wasn't really having to answer to anybody about where I spent my time and what I was doing. And I was having lots of meetings with civil rights groups. I was meeting with other activists. You know, I had meetings with the Society For Professional Journalists. I had meetings with student organizations and felt like I was really doing what I am passionate about doing. And I was pretty much left alone. There wasn't a whole lot of -- actually there wasn't any interaction with the -- with the board per se. I did talk to Marty. When I was in South Florida in Palm Beach, I would stay at his home. He was very generous in that respect. And I welcomed the -- his hospitality, but also he's very busy and when I was in the office, the Commerce Group office in Deerfield Beach, he's very inaccessible because he's busy. Whereas when I stayed at his home, he would get up early in the morning. I would get up early in the morning. We literally -- you know, we'd meet in the kitchen and have a cup of coffee at 6:00 in the morning or 5:30 in the morning and for an hour or more I -- it was just the two of us. And I 53 1 1 2 3 9 5 6 7 s 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 mould try to kind of give him updates on what I was doing and it was a little frustrating because he didn't really seem at all interested in the advocacy part of it, you know. For example, I was -- last year, and again this year, I was invited to Tallahassee to meet with Don Gates who's president of the Florida senate to just kind of talk about the government issues. Last ar I -- he asked for me to give testimony in front of State Senate Committee on -- on government accountability and oversight. And when I was invited to go again this year, I had a really good meeting and we talked about some proposed open government legislation and in that conversation with the -- Senator Gates, I told him about the foundation and my new job and he was very positive, very pleasant about it. Senator Gates is a delightful man anyway. And I was really excited about that. I felt like a big piece of what I was bringing to the foundation wasn't just my ability to -- to do audits and the potential litigation that came out of that, but the -- and not just my expertise on open government, but I've always cultivated, I think, very meaningful and significant relationships with Barbara Peterson and the First Amendment Foundation and Senator Gates and a number of other public officials, with a lot of other organizations, the Society for Professional Journalists 54 1 2 3 9 5 6 7 e 9 10 11 12 13 19 15 16 17 19 19 20 21 22 23 29 25 and the Associated Press and I have a lot of meeting contacts that I've developed -- Q. The research I did on you before coming here to meet you, it appears that you've done quite a bit of work with open government, First Amendment, for journalism. You have quite a bit of expertise in that area. A. A lot, yeah, and I -- I am -- it would not be hyperbole to say that I get contacted every single week by reporters. I mean, number one, I -- I source for a lot of reporters. I spend my time digging through public records and very often that leads to interesting newsworthy stories. So frequently I'm called by reporters who are asking me for -- for leads on the stories -- Q. You're researching for them basically? A. Very much so, yeah, with the -- not in any formal way. I just -- I'm not a -- I'm not -- I don't pretend to be a traditional media outlet. I don't care about getting credit for the story. I just want the story told. If I find some graft or corruption or something -- you know, something I feel the public ought to know about, I just want the story told. So I'm frequently contacted by reporters under that set of circumstances. But also very frequently attorney -- 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 16 19 20 21 22 23 24 25 reporters will contact me saying hey, look, I've asked for this record, they're not giving it to me, what do you think? Well, I'm not an attorney. I can't give you legal advice. I can tell you what I would do if I were similarly situated. And we sort of talk shop about that sort of thing. So I've -- I've cultivated a lot of relationships. Q. And your integrity and your credibility are the cornerstone, I take it, of those relationships? A. Yeah, the way reporters describe me is I'm 100 percent source. If I tell a reporter something, they can take it to the bank. I don't exaggerate it. I don't claim it unless I can prove it. I mean frequently that's how reporters -- have said that -- I'm described as 100 percent source. And it's because I'm a straight- shooter. I mean even if people -- I think even to a very large extent the public officials that I've had a fairly adversarial relationship with, I think that at the end of the day most of them would acknowledge that, you know, there's a reason why I win. It's because my facts are right. Now, I don't pull the trigger on a lawsuit unless the facts are -- are 100 percent. And I think that's part of the reason that I've developed good relationships not only with the media, but with some legislators and with people like 56 1 2 3 9 5 6 7 6 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 rbara Peterson and -- and even some academics. So I was -- one of the frustrations I had in these meetings that I would have with Marty over coffee is he'd seem completely disinterested in this. So I was trying to explain to him the significance, for example, of this -- I had a dinner meeting with the president of the Florida Chapter of the Society of Professional Journalists, which is the largest journalist ganization -- journalism organization in the world. And here's a guy who is the head hauncho for that organization for the State of Florida. He's really eager about working on projects. And a big part of my time with the foundation was working on specific jects. So for example, I'm very interested in arning the particulars about school resource officers d what kinds of resource officers, what kind of police officers, end up in that position. So for example, I've een told, had a lot of antidotes, that it's just sort of a dumping ground for bad cops. Well, I don't know if that's true or not, but I can look at public records and find out. So for instance, in Hillsborough County, if you look at the -- if you look at the Hillsborough County Sheriff and the Tampa Police Department, which provide SRO's to Hillsborough County School Board, 80 percent of their officers have no disciplinary history, 57 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 , but of the officers who have been provided as SRO's, 97 percent of them have disciplinary histories and some of those disciplinary issues are very serious, including a TPD officer who was invested for aggravated sexual battery. Well, that has the potential to be a really great story. And what I was after in doing these projects, and I had about -- literally about 40 of these things. These stories showcase why public records access is so important. The SRO's for example -- it doesn't matter whether you're a liberal or a conservative or rich or poor, if you got kids going to public schools, you probably care whether Officer iendly is a -- is a creep or not. If Officer Friendly has impulse control issues for, you know, beating suspects, you probably want to know about that. And there -- I had a whole bunch of these projects. And to me, why these were important, is they -- we hold these up as examples of why public records access matters. And I was disappointed because the response I got was really tepid, sort of like, uh, you know -- in fact, Marty told me at one point when I was telling him about the dinner I had with SJP -- SPJ, because they wanted to collaborate on these stories, it was sort of like don't tell -- I don't -- why are you telling me t this, I don't care. 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. And you expected that would be part -- a big rt of the foundation's -- A. It was a big part of it. That was the deal, yeah, absolutely, that -- you know, I -- getting a paycheck is nice and having lawyers to -- to litigate is nice because I need lawyers to litigate when I want the records and to enforce the public's right to know. That's all great. What I care about are the resources to work with groups like the Society of Professional Journalists or student groups like Dream Defenders to empower them in their membership to do public records access. But I also want to work with the media to develop these stories that -- that continue to show the public why it matters that we have access to records. It's a constitutionally protected civil right and it's lly important. All the rest of this stuff for the foundation was entirely ancillary to me. I got it. I understood that, you know -- I understood that Marty want ed something out of this and what it -- what Marty wanted out of this was cases for his son's law firm. Okay, fine, as long as that's a byproduct of what I do. And that was in February when Marty and I had these -- these etings in his kitchen over coffee. It was sort of the ginning of me really feeling like maybe -- there 59 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 wasn't any pushback. He wasn't keeping me from doing it, but he just didn't seem interested in it, which at that point it was just sort of disappointment. It wasn't really a concern. It wasn't like he was saying I don't want you spending your time doing that. He wasn't telling me that I couldn't take reporters to dinner. It wasn't that I couldn't meet with student groups. It was just he didn't seem to really care. Q. So this is in February? A. This is in February and -- Q. So that was -- that was -- let me see -- I don't want to put words in your mouth. Was this -- in the business, we refer to a red flags. You may have heard that. Lawyers see red flags -- A. Yeah. Q. Was this something that you saw as a red flag? A. It -- no. Q. A major concern at all? A. It -- no, it wasn't a concern. It was just disappointment. I would have been concerned if he had put the brakes on it. He wasn't putting the brakes on it. He never said you can't do it. It was just I don't really care, don't -- don't bother me with the details, was sort of his attitude. In fact, I sent him a number of e -mails when I -- when I -- after I had my meeting E 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 with Senator Gates in Tallahassee, I sent him a very detailed e -mail explaining why I felt this was important, that some legislation was pending, and, you know, again, his response was sort of tepid. I had a meeting with Barbara Peterson, the First Amendment Foundation, about coordinating our efforts in working together. And again, his response was sort of tepid, like he didn't really care about that, which I found puzzling and dis -- personally disappointing because I felt like Marty was sort of a true believer and really cared about the open government part of it and that made me feel like -- what he was really interested in was litigation. But again, I don't care as long as you don't interfere with what I'm doing. Q. All right. And you have the complete discretion that you agreed upon to -- A. Correct. Q. -- run it properly? A. Correct. Q. Now, did you get any -- I don't want any lawyer /client communications A. Yeah. Q. -- or advice A. Sure. Q. -- your seeking advice, receiving advice, but 61 1 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 1e 19 20 21 22 23 29 25 did you get any complaints from anyone that they were having ethical concerns? I'm including any lawyers in the firm or any -- any staff or -- did anybody ever contact you in February with regard to any -- any -- A. Yeah, when I -- because my -- in the memorandum understanding I had with Marty -- I say with Marty, technically I guess with the foundation, although it sat -- I don't think that anybody ever signed it, at least I never got a signed copy of it, but I negotiated with Marty. You know, part of the deal was I could no longer do any pro se litigation. And I had -- when the foundation was created, I had several cases. I can't remember if I had filed them pro se or not. I don't remember, but there were -- there were several cases that needed to be litigated. Q. Where you're the plaintiff? A. Where I was the plaintiff personally. And I -- I gave those to the O'Boyle Law Firm for several reasons, one, it was convenient. I was down there a lot. And I was -- you know, it was sort of the beginning of trying to develop a rapport with the other attorneys, who I came to like very much by the way, Marrett Hanna, who I have tremendous respect for, and for Giovanni Mesa. And neither one of them had done y -- I don't think they had really done any public 62 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 records litigation, so it was also sort of a teaching opportunity to kind of -- you know, not only did I want the foundation to have a particular culture, which I wanted to control, but I also wanted to cultivate the culture of the firm to the extent that -- that the foundation was its client and we were its principal client. Now, my understanding was that we represented virtually -- not all because then Marty was also a client, but we represented the vast majority of the cases that the O'Boyle Law Firm had. And I'm very, very insistent that I want things done a certain way for a whole lot of reasons, none the least of which is I don't like to lose because losing -- you know, bad facts make bad law and I don't want to litigate cases unless we're going to do them the right way. And in the beginning, Marrett Hanna was the attorney that was representing me personally in a number of cases and I was very happy with her -- Q. Keep in mind anything you discuss in terms of her advice representing you, you have the right to keep confidential -- A. I understand. Q. -- or you can waive it. A. I understand. I -- I'm more than happy to waive it. And I don't know that we're really going to 63 I 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 t into the particulars of anything that would be the attorney of record, I actually sat in with her n she was talking to opposing counsel for the poses of settlement. Frankly I wanted to hear how did on the phone. This is somebody who presumably is going to be representing me, or is representing me, and is going to be presumably representing the foundation on a lot of cases and I wanted to get a sense of what her style was. And I was very pleased. I thought she did a really fine job. She was very detail- oriented. She seemed very committed to doing things ethically. In fact, one of the very first things I did when I got -- when I'm going to work for the foundation, was I -- Jonathan came to me, Jonathan O'Boyle came to me, and said that Marrett Hanna had expressed real reservations about being involved with this. And when I talked to her and I -- Q. This you mean the foundation -- A. The foun -- doing public records litigation, h, because her perception, I think understandably, sort of oh, we're just going to be going around ng -- engaging in got -you litigation. I mean I think attitude was sort of this is like slip and fall 1 2 3 4 5 6 7 e 9 10 11 12 13 14 1s 16 17 16 19 20 21 22 23 24 25 stuff. And I met with her, just the two of us, at one of the conference rooms of the Commerce Group and it was the first real conversation we ever had. And by the time I got done talking to her, I -- you know, I think she was really sold on -- on the concept of what I do. And she expressed to me that as long as I was involved she wanted to be a part of it, that she -- I was very flattered. She's -- you know, she said I want to represent the white knight. I mean she felt like I was really -- you know, what I -- the reason I was doing it -- my motives were pure. She didn't feel like everybody else's were, but she -- she was -- and we were sort of joined at the hip at that point. I was very happy with her representation and she and I exchanged a er of e -mails I think beginning in February where felt like she was being pressured by Jonathan to nd -- make monetary demands and settle my cases -- that were beyond reasonable -- Q. Beyond the time that was spent? A. Yeah. All I was asking for -- I mean my ement with the foundation is that I would not be involved in any other money- making opportunities or any money- making ventures, so I was not seeking anything out of these lawsuits. I wanted nothing. I didn't want -- I didn't want a penny out of them. I -- 65 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. The ones where you were plaintiffs? A. Where I was a plaintiff, that's right. Q. Right. A. And so all I was asking -- and I always do the same I -- I make three demands whenever I'm involved with public records litigation or open government litigation. First you got to produce the records without further condition. Secondly, the defendant has to take some kind of meaningful remedial action so I don't have to sue you again. This isn't about seeing how many times I can sue you. It's about you actually ake the records available to the public. They have a right to see it. And third, I want to be reimbursed for y -- or be comp -- my attorney's fee paid. There are reasonable attorney's fees pursuant to 119.12 -- Q. And that's -- that's their actual time and the value of their services. This is not a contingency case in terms of the -- there's no money being obtained from the government. They just pay the fees, correct? A. Yeah, I -- yeah, I -- yes, and I -- and I'll even make a distinction here. There -- you know, I personally, because this issue's going to play into some of our further conversations today, you know, when -- when I've been the plaintiff in public records lawsuits, when I have an attorney, you know, we will -- we will m 1 2 3 9 5 6 7 e 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 make a demand, those same three demands, produce the records, take some meaningful remedial action, and it's surprising how reluctant public agencies are to do that, which seems like sort of the -- you know, let me help you fix the problem so we don't have to do this again, and then I want to be reimbursed or my attorney's fees paid. There have been instances where I have -- I defendants, particularly State contractors who have been very recalcitrant to correct the problems -- I'm not -- I may not make a demand for my attorney's fees. I just may make a monetary demand, period, you know. I'll -- you want me to give up my right to be vindicated in court. If you'll produce the records and take remedial action, I'll dismiss the case for $2,500 or $5,000 or whatever number -- Q. Where your fees are at least that much? A. No, where my fees aren't that much. I mean I have done this where I -- I have been pro se and I've had defendants who have said we want you to dismiss the case. Well, that's great, I want you to obey the law and I want to be vindicated in court. We're having a settlement negotiation and I'm very blunt. I'm asking for money that I'm not entitled to. I want you to pay ne $1,500. You want me to dismiss the case, pay me $1,500. And defendants are like well, you're not 67 1 2 3 n 5 6 7 e 9 10 11 12 13 19 15 16 17 1e 19 20 21 22 23 29 25 entitled to that. You're right, I'm not. That's why it's called a settlement negotiation. We're talking about things we're not entitled to. You're not entitled to have me dismiss the case. The only thing either one of us are entitled to at this point is due process. If you're going to ask me for something you're not entitled to, I'm going to ask for something I'm not entitled to. I have no problem with that as long as that's what's being communicated, as long as you're making it very clear I'm not asking for something under the pretense that I'm entitled to it, I'm saying, I'm acknowledging, I'm not entitled to this. This is consideration. You -- you want me to do something, then I want you to do something for me. When it comes to -- Q. And that would go to the plaintiff, that money, not to the law -- not to lawyers? A. Yeah, well, I'm talking when I -- when I've done that as a -- Q. Pro se? A. -- pro se. You know, we're -- you know, frankly, these -- these -- you know, I don't -- this is not with public agencies, you understand, public operated agencies because that's tax money. Those are -- taxpayers are pay them money. I got a real problem with -- with that. I mean you're talking about 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 for - profit corporation that has a, you know, billion llar contract with the State of Florida and they have olated their contract and violated the public's right know. I don't have -- I'm not even slightly bashful out saying yes, you want me to dismiss this case, your aim is, your defense is we didn't know. We didn't alize we were subject to the Public Records Act. Well guess what, I did you a big favor by bringing it to your attention and I did it at my own personal expense. I'm not completely unapologetic about saying yeah, pay me $1,500 or 2 grand or 2,500. That's one thing. It's something entirely different for an attorney to make a demand and to suggest or outright claim that the demand is for attorney's fees when it's something -- when they're actually asking for more money than what they've rned. The issue that Marrett was having, and the issue that I shared with her, we shared the same concern, was if -- if the O'Boyle Law Firm, at $350 an hour, has billed $4,000 and they've got $500 in expenses, why would you ask for anything more than $4,500? Q. Of a government agency? A. Or of anybody, of -- of anyone M 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 were -- where I was being represented were against State contractors, it would be fine if you wanted to make a monetary demand of, you know, $6,000 and your -- my legal fees are $4,000 as long as you present it that way, as long as you present it as my client, Mr. Chandler, is willing to settle the case for a monetary payment of $6,000 out of which you will cover his expenses. Q. And in that scenario, the plaintiff would get anything beyond what the fees were I take it? That wouldn't go to the lawyers? A. Yeah -- well, you would think, right? I mean that -- that -- that was -- and this was the -- and thankfully this really didn't enter into the equation, at least I didn't think because I wasn't seeking to get anything out of it. I don't want any money out of it. Q. As the foundation? A. As an individual. Q. As an individual, okay. A. Right. And the -- and there were -- I think there were three or four cases against these private contractors. All I wanted was -- Q. And the O'Boyle Law Firm was representing you? A. That's right. Q. And they -- that was done through Hanna you 70 1 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 said? A. Marrett, yeah. Q. Marrett Hanna. A. And -- and Marrett -- Q. All of them? A. I don't remember. I can't -- I think they were, but I'm not 100 percent sure of that. Q. Okay. A. The -- the problem -- the pushback that Marrett was getting, as I understood it, and she and I talked about this on the phone a number of times, we exchanged e -mails about this, was she was getting pressured to make higher demands. And my response was why, that -- Q. Who was she getting pressure from, the -- A. Jonathan. Q. O'Boyle? A. Yes, to -- to -- Q. Now, was he in -- in the Commerce Group offices full time whenever you were there working at the O'Boyle Law Firm? A. Yeah. He was living at his mom and dad's house in Gulf Stream and he was there, yeah. Q. Full time? A. Yeah. Q. So he worked out of the -- the Commerce Group 71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 offices where the law office had its room? A. Yes. Q. On a full -time basis? A. Yes. Q. And she told you that Jonathan was putting pressure on -- on her to ask for more in fees than had been earned? A. Yes. Q. How many times did she communicate that to you? A. Repeatedly. Q. And that was in February? A. Yes, and she -- she -- you know, my -- my response to her was it's -- it's -- you know, I understand that you guys want to get your reasonable attorney's fees, and I'm all in favor of that and I'm -- and that's going to be part of our settlement discussions. I couldn't care less about you guys getting any -- a penny more than that. That's not my interest. And it's frankly not your decision to make. It's not Jonathan's decision to make. It's mine and mine alone. I'm the client. I get to make that decision. That's the way it works. And, you know, frankly if I said that I was willing to settle the case for -- for no attorney's fees, that's my choice to make. It's not your's. You guys took this case on a 72 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 contingency. It is what it is. Q. Contingency meaning they wouldn't get their fees unless they were awarded? A. That's right and -- Q. Not a percentage of any recovery? A. That's right. Q. And there was no fee agreement on any of these cases? A. That's right, and which again I tried with them -- about that repeatedly, look guys, we got to have these fee -- because if you get to a fee hearing and we don't have a fee agreement, if I were opposing counsel, I'd be arguing that you're not entitled to anything because the Florida Bar is really clear about this on a -- any kind of a contingency fee agreement has to be -- it shall be in writing. It's not -- you don't have any latitude there. Q. All right. A. As a result of -- of Marrett expressing -- and again, this is what she told me -- Q. So you told -- you made it clear to -- to the O'Boyle Law Firm through Marrett that any contingency had to be in writing? A. Yes, and I -- Q. Which is clearly a Bar requirement? 73 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. I -- I communicated that to Ryan, with mar -- I communicated that to Jonathan O'Boyle. I communicated that to Giovanni Mesa. Q. And it was just ignored? A. It was ignored. So as a result of my support for Marrett's position, I think she was emboldant to -- to sort of stand her ground with Jonathan and as a result of that, she was removed from the cases without y consent, without my knowledge. I just found out after the fact that she's been taken off the cases and, you know, Ryan Whitmer -- Ryan Whitmer was going to handle them and -- Q. And who told you that was being done? A. Marrett. Q. She told you she had been removed -- A. Yes. Q. And by -- by Jonathan or by -- A. Yes. Q. By Jonathan? A. Yes. Q. And Jonathan appointed Ryan to handle the cases? A. Yes. Q. And what did -- what did you do when you learned that? This was in February? 74 1 2 3 9 5 6 7 e 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 A. Yeah, I believe it was in February. I was -- I as -- you know, I was -- I was annoyed by it. I was -- I was frustrated by it. I mean it wasn't one of those things that you took -- it wasn't a complete deal breaker for me. I -- it was -- my perception was this is just young attorneys not thinking very clearly, not arrett, I'm talking about Jonathan in particular. And there -- I also kind of had the feeling that there was sort of this little bit of a power struggle. I think that he perceived that he was the one that was in charge and if he want to be in charge, it's his law firm, that -- more power to him, but I'm the one that's in charge of the foundation and I'm the client. So when it comes to the litigation -- and in these particular cases where I -- it was me personally, I -- I know who's in charge. It's me. It's not the attorney. I'm the one that's calling the shots here. The attorney is a technician who provides advice. That's it. I get to make the decisions about litigation strategies and what we're going to demand for settlement. And again, I am far more interested in the first two settlement conditions than I am the third. You got to produce the records without further conditions and you have to take some meaningful remedial action. Q. So who were the defendants in these -- in 75 I 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 these -- you said about three cases that you were the plaintiff in? A. Yeah, there were -- and there were great facts. Every one of the facts were just gold. First Coast Advantage is one of them and the other one's -- Q. What county? A. In Duval County. Q. Okay. A. There an AHCA contractor. Q. AHCA is -- A. Yeah, I'm sorry, Agency for Health Care Administration. Q. Okay. And where was that? A. Well, AHCA is in Tallahassee, but the -- First Coast Advantage was in -- in Duval County. Q. So all three filed -- filed in Duval County? A. I think I -- it was First Coast Advantage and then it was Memorial Healthcare Group -- Q. Where -- where was that case filed? A. They're in Duval County. That's another one with just -- just golden facts. Northwest Behavioral Health. And again, I'll -- I stand by the facts of these cases and to my knowledge, the cases are -- have been -- are being handled ethically. Q. Yeah, they -- they haven't been settled. You 76 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 didn't let them -- you didn't let them settle them for more than the fees were? A. That's exactly right. Q. You stopped them? A. Yeah, we -- we are going to do that. So that led to -- Q. So all three of these are in Duval County? A. I believe they are, yes. Q. Okay. And you're the named plaintiff? A. Yeah. Yeah, both of -- just, you know, these are -- I would say that the facts of these -- of those cases, that's very typical for the work that I do. I can you walk in, you make the request. The contract clearly says that they're going to have to produce the records. You ask for a record that you know exists because it's required to be created in the contract. You ask for it. They tell you no. You know, sometimes -- I mean I've actually been -- had instances where they called the police to have you removed for doing nothing more than politely making a public records request. I love those facts. Q. Right. Now, you don't have to disclose this, I don't believe it's privileged communication, but obviously you're the client and it's your call -- A. Yeah. 77 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 Q. -- do you have an oral agreement with the O'Boyle Law Firm as to what the hourly charge is for different lawyers on these cases or do they just charge what they think is fair? A. I believe that Ryan is handling them now because Marrett left the firm, largely over these issues. I think he charges 250 an hour. Marrett, who is a much more seasoned attorney, much, much more seasoned attorney, I think was charging 350 an hour. Q. So you agreed to pay 250 an hour for those cases -- A. I didn't agree to pay it. I agreed that -- that -- Q. That was a reasonable fee? A. A reasonable fee, yeah. Yeah. Q. Okay. This -- A. Their fees for expenses. Q. Are there any writings that memorialize that or just a conversation? A. It was part of my suggestion urging -- Q. Okay -- A. -- that we should have -- that we should have it in writing. It hasn't been. Q. SO -- A. So things -- things -- 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 Q. Back to -- you're starting to see a red -- some red flags? A. That was a concern for me. Q. Right. A. And it wasn't that big a deal to me at that stage of the game as far as the involvement of the foundation because the vast majority of the cases that we had at that time were against publically operated agencies or municipalities, State agencies, not contractors. Q. And as I understand it from your description, you like Ryan. You considered him charming. And the fact he took over the cases didn't -- didn't alert -- didn't offend you from the standpoint that you had respect for him? A. Yeah, it offended me that -- that Marrett had been removed because I -- I liked what she was doing. I thought she was very competent. More -- more important even than me thinking that she was competent, which is usually important, I felt that philosophically we were aligned. I think -- I felt that we were after the same thing and that's really important to me. Q. Did you have to same kind of conversation with Ryan, telling him what was important to you and public records and open government? 79 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 A. Yeah, and I -- my sense of Ryan is that he is a cent human being who's trying to do the right thing. -- I -- you know, I think he is in a very -- was in a ry difficult position. I think there is a tremendous aunt of influence that Marty has over the firm. One of the issues that came up repeatedly -- now, I witnessed this. You know, I -- I would be there, you know, for a day or part of the day to talk to attorneys about cases or whatever and -- and a lot of my interaction with the firm wasn't just as a client, it was also hey, what do you think we ought to do or, you know -- there were some procedural questions they had, but mainly it was sort of really trying to understand the lay of the land as far as public records litigation is concerned because I obviously had done a lot more than they had. And I was very happy to -- to engage in that respect. But frequently when I was there, Marty would come in and, you know, just sort of -- it was a train wreck. I mean he was very opinionated about how cases ought to be handled, which I found -- at first it was a little charming, but then it just became really annoying because it's like wait a minute, I understand you're financing the foundation and you're financing the w firm, but you don't have a voice here. This n't -- the foundation is not your toy. You don't have m 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 any standing to have any input here even if you are the donor. You're -- you're not on the board. You're not an employee. I'm the only person that has the discretion about this. Q. So he would come in and in front of the lawyers and you try to direct the litigation? A. I don't know if direct is the right word. He would come back there and very much sort of, you know, this is what I think ought to be done on these cases. Q. Was this a regular occurrence while you were there? A. Oh, yeah, very regular. Yeah, I mean I -- at least when I was there, yeah, it was very common. Q. And you expressed your disappointment or A. Yeah, I -- you know, I -- I never told him to but out. You know, it was one of those -- you know, I kind of rolled my eyes and, you know -- but this was a real issue for Marrett and she was -- as far as the escalation of her being marginalized to the point not only she was removed from the cases that -- where I was the plaintiff in spite of the fact I was very happy with her representation, but then she was excluded from conversations. She was -- you know, they would -- they being Jonathan and -- Ryan would -- and sometimes Giovanni even would go and -- literally go into Marty's NM 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 1e 19 20 21 22 23 24 25 private office and exclude her from the conversations about cases that she should have been involved with. And she just felt more -- and you'll see this in the e- mails. She felt more and more marginalized, and I think she was, and eventually she -- she left. I think it was sort of a mutual -- I don't know if she was fired or quit. I think she was probably more fired than she was -- than she quit. Q. Okay. Let me ask this, when -- when you had, in February, these conversations with her about Jonathan trying to negotiate more in fees than had been earned in your cases -- A. Uh -huh. Q. -- did that ever, in February, result in you having any direct communication with Jonathan on that topic? And if there's a conversation later, you can tell me that and we'll deal with that in -- chronologically. A. Yeah, I -- well, I don't know that we had conversations about that in January -- in February specifically. I can't say that within -- within that particular timeframe. We may have. Certainly this is an issue that Jonathan and I really battled over subsequent to this. Q. Okay. We'll get to that. I don't want to keep no 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -- let me let you get back to your -- A. So -- Q. -- your chronology of what you were relating to A. Yeah, so things -- you know, for -- to the very large extent I was left alone for most of February and most of March. And then in -- in April, I believe it as in April, let me look at my timeline here, I was contacted by Denise DeMartini and -- let me find it here. Yeah, it was in -- I'm sorry, it was in March 27th. That is when Marrett Hanna told me she had been removed from the cases. Q. What date? A. It was in March. Q. Okay. A. So some of the other -- you know, where I started seeing what I refer to red -- red flags, I got a -- I got an e -mail from a woman named Jill Mohler, M- o- h -1 -e -r -- Q. And who is she? A. She is the secretary, receptionist, for the Commerce Group, very sweet lady, very nice lady. Q. She's -- she's an employee of Marty's company? A. Yes. Q. And has been for how long, do you know? M 1 2 3 9 5 6 7 e 9 10 11 12 13 19 1s 16 17 18 19 20 21 22 23 29 25 A. I -- not long. Q. Okay. A. A year or so maybe. Q. Receptionist, okay. A. Yeah, very nice lady. I found out from her that -- and I had been completely unaware of this, that she was actually making public records requests on behalf of the foundation. This was in April. Q. Without your knowledge? A. Without my knowledge. I had no idea she was doing it. Q. She's not an employee -- A. No, she's not an employee. She's not an employee or a volunteer or anything else. She's -- she's -- she has no affiliation with the foundation, ne. Q. How did you learn this? A. She -- she -- I got an e -mail from her and -- is is what the e -mail says, "Hi, Joel, Marty requested at I send you the attached records request from sponses to review as well as the records requests cost timate spreadsheet also attached, after review all, rty would like to speak with you about them, I left u a voicemail and" -- you know, and this was in lationship to public records requests that had been [R 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ode to Gulf Stream and I was -- Q. In the name of the foundation? A. Yeah, in the name of the foundation, which I -- there were a number of issues there for me. One was, okay, you guys aren't being very clever about this because you might want to take into consideration that while you're sending this from a -- a Citizens Awareness Foundation e -mail, you're transmittal sheet has the Commerce Group phone number and address on it, so, you know, it's pretty transparent who's really making the public records request. Two, I didn't authorize you to make the request. Three, the requests aren't well written. They're -- they're defective in my opinion. And four, why are we sending all these public records request to -- to Gulf Stream? I -- Q. How many were there? A. Well, at one point it came to my attention that hundreds of have been made. It was well over -- I say hundreds, well over a hundred. I think the number that sticks in my head was like 160 or something. Q. And these were made in what month or what time period? A. I don't know. I don't know. Q. 2014? A. Oh, yeah. Yeah. Yeah. Since the foundation [M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 got started, yeah. Q. Okay. So they were made after January 22nd? A. Oh, yes. Q. Over 100 and -- A. In the name of the foundation. I did not know about them. I didn't authorize them. And part of the -- part of the problem I had with this was the deal I had with Marty sitting by his pool on Wednesday, I think January 22nd, was no enemies list. I knew that Marty had a -- sort of had an ax to grind with the city -- with the Town of Gulf Stream and while I think that the Town of Gulf Stream has had a remarkable series of public records challenges, they in my opinion have not been very compliant with the Public Records Act, I -- I don't want to beat up on them. I mean how many times do you need to sue somebody to make your point? I can if I have to sue the same defendant ten times in a row, fine, but I don't want to sue them ten times all at once. And I didn't see any point in making all these public records requests to a town with 500 people. I mean there are all of these other agencies in the state of Florida. There are -- there are 412 municipalities. There's 67 counties, which means there's 67 school districts and 67 sheriffs. There are over 100 State agencies and there are 1,600 community development rrv- 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 districts. And there are probably 10,000 state -- state contractors under the Public Records Act. There are lots of other people out there besides just the Town of Gulf Stream. And if we're making hundreds of public records requests to one very small agency, it really looks like we're picking on them. Q. Like an enemies list? A. Yeah, which was part of the deal, no enemies list. Q. And you knew that Marty had a bone to chew with Gulf Stream, I take it, from your prior conversations with him? A. Yeah, sure. Yeah, I mean I knew about him painting his house and -- and I mean I personally -- look I personally had sued Gulf Stream over a public records violation, so I -- I knew that -- that the public records issues there were very real and frankly, it is remarkable to me that they have been slow, so slow, to really get their house in order for Q. It's a tiny, tiny local government A. It's a tiny town -- Q. -- one or two employees -- A. Sure. Q. Local employees? A. Yes. AM 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 1e 19 20 21 22 23 24 25 Q. Let me ask you this, when you learned that Jill Mohler -- when you learned in March that Jill Mohler -- A. April I think. Q. April, April -- had at Marty's direction, sent out well over 100 public records requests in the name of the foundation to Gulf Stream without your permission, what was your -- what did you do? What was your reaction? A. I was pretty upset and this led to conversations that I had with Bill Ring as the president of the foundation that we couldn't be doing this. This is -- we can't have this. I -- I needed to be the only person that's making public records requests, or if I'm not the only person making public records requests, then -- then I need to be the only -- I need to be the person that approves them. By this juncture, there were three employees for the foundation. I was the Executive Director. I hired a woman by the name of Cathy Zollo, Z- o- 1 -1 -o, who worked from her home in Sarasota, to my knowledge. I don't think she's ever been to the office in Deerfield Beach. I don't think she's ever met Marty or any of the other -- I think she's talked to Denise DeMartini on the phone, but she's never had any contact with them. And then we had an intern, a guy named Dylan Bouscher. And I directed them to make public records 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 requests on behalf of the foundation. But I never directed anybody else to make public records requests, certainly nobody outside of the foundation. Q. I take it you didn't even know who Jill Mohler was at the time she was making -- A. No, I knew who she was. I mean I spoke to Jill every time I walked through the door, hey, Jill, how are u -- Q. So you -- you knew she was a receptionist for the -- for the Commerce Group? A. Yeah. What I found out was -- you know, it's funny because she -- you know, we -- I walk in and there's this big stack of paper and she's -- you know, all the time doing something on the computer. I found out later what she was doing on the computer was making public records requests. I mean my understanding from her and from other people in the -- at the Commerce Group, this was like a full -time enterprise where she was doing nothing but making public records requests. I don't know -- Q. Making them to other entities besides Gulf Stream? A. No, Gulf Stream over and over again. Q. But what about any other entities, did she do anv other -- M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. I don't know. Q. Okay. A. I mean I know one time on -- you know, for Marty or the Commerce Group she's making lots of public records requests, the State Attorney and other agencies like that, but -- and I didn't care about that. The -- hat I was concerned about was that the -- that there was somebody who was presenting themselves as being a representative of the foundation and making public records requests on behalf of the foundation without my knowledge, without my authorization. And I had a problem with that for the -- the first big issue I had was it looks like an enemies list. Q. And then the only -- when you learned about being done in the name of the foundation through Jill Mohler and Marty, was -- Gulf Stream was the target, no others? A. I think there was -- I think at one time I found out about -- there's an engineering firm I think that -- that worked for Gulf Stream, but they had -- they all related to Gulf Stream, the ones that I knew about. And I found that very upsetting. Q. And these were not authorized by the foundation or you? A. Not by me. .m 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 91 Q. And when you talked to Bill Ring, you complained to him about this? A. I sure did. Q. And what did he say? A. Sort of like, yeah, you know, okay, I'll talk to Marty about it kind of thing and, you know -- and I -- and the reason I didn't escalate this was each -- this came up over -- more than one time. Every time I'd sort of get this pat on the head, yeah, you're right, okay, we'll take care of it. And bear in mind I wasn't there very much, right. I -- I showed up at the offices in Deerfield Beach once a week, once every couple of weeks. The rest of the time I was out on the road, you know, being with civil rights groups and doing audits. So I -- you know, I didn't really have a lot of contact with them, certainly not -- not on a daily basis. And then -- and in the -- during this period in -- in April is when things really started to become more unhinged. The -- yeah, on April 14th, I got an e -mail from Denise DeMartini, who was a board member, who I was ultimately directed by the board, meaning Bill Bring and Denise DeMartini, that she was the person that I answered to directly. She was my direct superior. Q. And she's Marty's administrative assistant? A. I think she's more than that. I think she -- I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 92 don't know what her official title is, but she's -- she -- Q. His right hand? A. That's very -- I -- yeah, my sense is, and I think that other people that are at the Commerce Group would share this sense, that there's Marty and then there's Denise and Bill and then there's everybody else, way, way, way behind them. They -- she -- I don't think anything happens at the Commerce Group of any import without Bill and Denise being involved with it. So I got a -- I got an e -mail from her and this precipitated the conversation that I had subsequently with Bill Ring and led to a whole series of other conflicts with the board. She described her involvement with the firm, and I'm reading from her e -mail, which is April 14th, 2014, "My involvement with the firm ", the O'Boyle Law Firm, "is primarily to get procedures, priorities, expectations in place for the attorneys so that things run smoother. The firm's priority is to keep up with the intake of cases so we want you to run with it, no holding back, so we can properly staff up. Obviously there are going to be bumps along the way that we can overcome." My concern was that it became -- Q. She -- is she writing -- she's -- as far as you understood, she was on the board and she was an employee 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of Mr. O'Boyle's, Martin O'Boyle's, Commerce Group? A. Yes. Q. She sent you that e -mail. Did you understand she was trying to now assist Jonathan's law firm? A. Yes. Q. Did that come as a surprise, surprise to you? A. Yes, it did. It was shocking to me and I objected to it vociferously. Q. And she -- because your whole idea of independence was out the window? A. Yeah. Yeah, and -- and it was portrayed -- the reason she's -- the reason she's giving this explanation in an e -mail is I'm objecting to, wait a minute, what -- why is a board member involved with the law firm and what I understood her to try to be saying is I'm just kind of -- you know, I'm kind of helping them -- Q. Make sure they get business? A. Well, no, that's not what I understood for her to be saying. I'm just -- I'm just kind of helping them figure out, you know, procedures, how to -- you know, the work flow, just make things Q. Consulting with them -- A. Yeah. Q. -- to try to help them A. Yeah. Yeah. 93 1 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 Q. -- staff up? A. Which was utter nonsense and I raised this issue with Bill Ring. I said look, you cannot have Denise DeMartini, a board member of the foundation and an employee of -- of Marty, involved with the operation of the law firm. And my argument that she was involved with the operation of the law firm is she was actually managing the law firm meetings. Q. You went to meetings at the law firm where she as there? A. She was -- no, she was -- wait, this was -- this is the creepy part, right. She's not even there. She's on speaker phone running the meeting so -- Q. Who's present during these meetings? A. The entire law firm. Now, I was there. I -- which I -- you know, I subsequently refused to go to the -- the law firm meetings. Q. How many of these meetings were you at? A. Just the one. Q. And she ran it from a speaker phone? A. Oh, yeah. Yeah. Yeah, absolutely. Q. What lawyers were there? A. Giovanni Mesa, Nick Taylor, I think Marrett was still there at this time, Jonathan O'Boyle, Ryan Ahitmer, and Beth Canali(phonetic), who's the -- the M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 paralegal. And I was uncomfortable with the meeting for several reasons. The first and most obvious is that you have a non - attorney who's a board member who I report to directly who is clearly, clearly running this meeting. That's the first thing that just struck me as beyond bizarre. Q. Did she was doing it on behalf of -- that she was given direction from Martin O'Boyle? A. No. It was simply just clear that she was running the meeting. Q. Okay. A. And when I say running the meeting, it's -- it's sort of, you know, which cases do we have coming in, which attorneys are these -- these have been assigned to, what's the status of this case. And it wasn't even -- when I say status of the case, just has it been filed yet or not, not a -- any meaningful case management, which I found very frustrating. There didn't seem to be any comprehension on her part about settlement risings or, you know, procedural issues, you know, are we doing an immediate hearing, are we, you know, going to go for summary judgment, just none of that. It was just sort of -- Q. Every -- it sounds like everything was about, tell me if this is correct, everything she was focusing 95 1 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 on was about generating a number of lawsuits for the O'Boyle Law Firm -- A. Yes. The second objection I had was that I thought I was there because we were going to talk about the foundation cases. It made perfect sense to me that we would get all the attorneys together because it would be much more efficient to do that. But what we ended up doing is they -- well, while I was there, they ended up having conversations about other clients, which I found very troubling because I'm not a party to the lawsuits -- Q. Public records cases? A. Yes. I had referred to the -- the firm a number of clients, people that had contacted me, people -- some that I've known for years, some that just contacted me out of the blue, you know, I have public records issues and I'm not an attorney but I have a law firm that -- Q. Can you give me names of those people? A. Yeah, a guy named Jeff Gray, who gave them a large number of cases, which in my estimation has been terribly problematic. Q. Where is Mr. Gray? A. Jeff Gray lives in Saint Augustine. He's a civil rights activist. We do a lot of work together. 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 1e 19 20 21 22 23 24 25 He's a good guy, very -- Q. Okay. A. -- very reasonable -- Q. Later I may want to get his phone number from you, but -- A. I'll be happy to give that to you. The problem that he ran into was the cases that he was -- in fact, he was the -- he was one of the activists that was attending this seminar I did the first week of the foundation. He had referred a number of cases too. I think he gave a total of 42 cases to the firm and they were not filing them in a timely fashion. It was very frustrating and he didn't feel like they were communicating with him. Q. Were these cases in Saint Augustine or -- A. No, all over the state. Q. All over the state? A. Yeah. And I was frustrated because, number one, Jeff and I are friends and I didn't feel like he was really being treated very well. I didn't think he was getting good customer service. But also just from an advocacy perspective, my -- I feel, generally speaking, that if you're going to file a public records lawsuit, you need to do it pretty quickly after the -- the violation of your rights for a whole lot of reasons, 97 1 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 not the least of which -- if you wait six months to do it, it doesn't really look like -- look like you're all that interested in the records. So that was one of the issues. He didn't -- he just didn't feel like he was being treated very well. Q. And did they discuss Jeff Gray at these -- A. Oh, yeah. Q. -- meetings in front of you? A. Yes, absolutely. Q. Even though it was a different client? A. Even though it was a different client, just no consideration for privilege whatsoever. Q. And who else -- who else did you refer to them? A. A fellow by the came of Al Crespo down in Miami. Q. C- r- e- s -p -o? A. Yeah. Q. I may want his number later. A. Yeah. Q. Did they discuss him in front of you -- A. Yes. Q. -- at this meeting too? A. Yes. Q. Okay. And -- and no protection of his privacy? A. I mean I -- now, I knew about the cases because 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 these -- Al had contacted me asking for a referral. Jeff had contacted me asking for a referral. So I knew the basic and I -- I guess one of the value -added things I brought to the relationship was I have enough experience in public records litigation and I can look at the facts of the case and I have a pretty good sense of whether I think they're worth doing or not. I don't make that judgment and I don't share that judgment with -- with the potential plaintiff, but I certainly share that judgment with the attorneys. The attorneys are going to ask me, is this a good case, yeah, I think it is or no, I don't think it is. I mean do I think you should take it, no, yes, you know, you should, whatever, based on the facts. So I was very intimate -- adamant -- Q. Some of the lawyers at the firm would ask A. Yeah, sure. Q. -- at the O'Boyle firm? A. Yeah. Q. But Crespo and Gray had never authorized the lawyers to speak to you about their case? A. I don't know whether they did or not. I -- I would assume they didn't -- Q. They never told you that -- WE 1 2 3 4 5 6 7 e 9 10 11 12 13 19 15 16 17 16 19 20 21 22 23 29 25 A. Yeah, but I -- I was very uncomfortable with this because it was very clear that Denise was running the meeting. And then subsequent, she -- she started demanding from me an accounting of how many cases I was giving to the firm. And in fact, I received an e -mail from her, just to kind of show that this was not a one -time event -- you know, and again, Marty was still very involved at this point, so for example, Marty was approving the mission statement. And this is in -- on April 16th I get an e -mail from Denise saying that arty's approved the -- the mission statement. I got a -- well, let me just shift gears a little bit because we're going -- we're kind of all over the map here. The -- just to kind of keep things in chronological order. So on -- on April 14th, I get the e -mail from Denise explaining her involvement with the law firm. Then I get an e -mail from Jonathan saying that he has assigned a case to himself. Q. A Florida case? A. Yes. So he -- he's asking me -- I got an e -mail from him, I think it was on a Saturday -- Q. Do you know which case it was? A. Yeah, it was a case against the Department of Children and Families Services, DCF -- DFC -- I think he .neant DCF. 13M 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 Q. Brought by whom? A. The foundation and -- Q. He told you he was assigning that case to himself? A. Well, I'll read you the e -mail, "Hey, Joel ", the says DFC, but I think he meant DCF, "the DFC link is not working." And what he means by link is I would -- I had set up a drop -box account and I would upload -- you know, if I had video or if I had e -mail exchange, whatever documents, whatever -- whatever I had to support the facts of the case, I would upload those to the drop -box and that's how I shared them with the attorneys at -- at a distance -- Q. Let me -- let me just ask you this on this topic -- A. Yes. Q. Did you ever direct Jonathan O'Boyle to take over that case or did he just tell you he was taking over the case? A. I didn't direct him to do anything. Q. Okay. Let's move on to the next thing then. A. Yeah, well he said -- then he says "I have assigned myself the case, any chance you can get that link ", get the link to the video. So I mean that -- here he clearly seems to be saying that's he's not 101 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 He's Then it's -- on the 16th of April I get the e -mail from Denise DeMartini saying that Marty's approved the mission statement for the foundation. Then I get a very troubling e -mail on -- from Denise on April 28th. And the e -mail reads, this is April 28th, 2014 at 11:17 a.m., "Joel, I am in a law meeting now and have been told that you have only provided eight new cases for this week. We were expecting a minimum of 25 a week." I pretty much flipped out after that. Number one, I don't have a quota for cases. Any cases that -- that are the result of the advocacy that I do, or however many we get, if it's a lot, it's a lot. If there's none, there's none. My paycheck's not affected by whether we get lawsuits. That's not what I'm being paid to do. I'm not hired to go out and gen up lawsuits. I'm hired to go out and do civil rights ad -- advocacy. And it's very clear at this point that she thinks that my job is nothing more than to get lawsuits and I was very disturbed by that. I was also disturbed that she was continuing to be a part of these meetings. So she's clearly in the law firm meeting as, I guess a Commerce Group employee, a member of the board, I don't know, working for firm, 102 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 who knows what the deal is. But I have somebody who I'm reporting to while she's in a law firm meeting telling me she expects 25 cases a week and suddenly this starts to feel like something very different than what I signed up for. And what it's feeling like is I'm really getting paid to go out and get lawsuits, which is not hat I agreed to do. It was not my job description. Q. Well, were the lawsuits ever -- did you ever try to send the lawsuits to some firm other than the O'Boyle Law Firm.) A. I did as a matter of fact. There was a case t I tried to send to the -- to Thomas and LoCicero presented me personally for a number of years. There s actually a very good case with excellent facts. The iversity of South Florida, Barnes & Noble College Book llers, they operate the -- have the contract to erate the book store at USF as well as a number of her book stores around the state at State iversities. And my brother and I went in there in April, I think it was April 24th, to -- I made a public records request on behalf of the foundation and he made a public records request on his on behalf and they told as no, we couldn't have -- we asked for the adoption 103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 forms, the -- the book store sends out a request to all of the faculty asking which text books they're going to need for the upcoming semester and they fill out these adoption forms and we wanted copies of them. And the reason we were making this request is -- Barnes & Nobles got sued over this a number of years ago. In fact there was a Fourth DCA decision and it said that they have to make these forms available. They're clearly public record because they're acting on behalf of the university. And the facts that they got in that audit were virtually identical to the -- I want it was a 1998 (case, Booksmart versus Barnes & Noble, virtually identical facts to the -- an appellate decision started to come down and I -- my brother continues to use Thomas LoCicero. Thomas and LoCicero still represents me onally. It's ongoing public records litigation. we shared -- Robert shared with them, my brother rt shared with them, what happened and they ressed an interest in the case. It's interesting. rued in Hillsborough County and Thomas and LoCicero attorneys, and they had expressed an interest in it, I thought well, this would be -- this is the one -- if 104 1 2 3 a 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 we're going to refer one to another law firm, this is where I'd like to start. And so I sent an e -mail to Bill Ring asking his -- for his approval as chairman -- as president of the board to do that and he responded by telling me I couldn't do it. He and Denise had talked about it and I can't -- I can't refer it to them, that he's not inclined to let me refer any cases to any other law firm besides the O'Boyle Law Firm. Q. What was your reaction to that? A. I was very unhappy about that. And a lot of these things came to a head in May. I had a -- we had tried to schedule a meeting -- it was the first and only face -to -face meeting I had with the board the entire time I was there, and this was in -- in May. Q. Okay. Before you go to that -- A. Yep. Q. -- help the reporter and me, the law firm was Thomas A. Thomas and LoCicero. Q. T- h- o- m -a -s? A. uh -huh. Q. And? A. LoCicero, L -- see, you're going to ask me to spell it and I'm going to be embarrassed because -- 105 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. LoCicero? A. Yeah, L -- Q. Just get close. Where are they, in what town? A. They're in -- they're in Tampa. Hold on a second, if I was writing it out I could tell you. I can look it up and tell you. I can give you the exact spelling here -- Q. And they represent you currently and have represented you -- A. For a long time. LoCicero, is capital L, lower case 0, capital C- i- c- e -r -o. Q. And in Tampa, okay. A. Yeah. Q. You were going to give me the names of other clients that you had referred to the O'Boyle Law Firm. A. Yeah -- Q. Al Gray -- Al Crespo. A. I'd have to go back and look. I can't remember. Q. Okay. All right, now please, you were going to -- you were going to go to May -- A. Yeah, so we -- Q. -- and then let's break. I'd like to get a little lunch. A. Yeah, sure. There were -- these issues that 106 1 2 3 a 5 6 7 e 9 10 11 12 13 19 15 16 17 1e 19 20 21 22 23 29 25 were -- that were building, the first was -- they're not in any particular order. It was the issue of -- of Jill Mohler making public records requests on behalf of the foundation without my knowledge or authorization. And apparently a lot of them going to Gulf Stream, which I found deeply troubling. Then I found out that a lawsuit had been filed on behalf of the foundation against Gulf Stream without my knowledge. Q. Only one you learned of? A. I think there was one. Q. But you don't know now if there were more or A. No, I don't -- who knows. I mean the problem was no lawsuits were supposed to be filed without me authorizing them and me supervising the -- the litigation and making decisions about settlement. And then I come to find out that now a lawsuit had already been filed against Gulf Stream without my knowledge. Q. Do you know which lawyer filed it? A. I don't know. Somebody at the O'Boyle Law Firm. Q. Do you know if Jonathan O'Boyle had any direction -- directed that? A. I don't know. Q. Okay. How did you learn that a lawsuit had been filed by the foundation against Gulf Stream without 107 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 your knowledge? A. I want to say that -- I think Giovanni Mesa had mentioned it to me because he didn't -- he was expressing real concerns, ethical concerns, as well, very much like what Marrett had -- Marrett Hanna had expressed. So leading up to this -- this meeting, which I believe we had on May 19th -- Q. This is the board meeting, the only board meeting that ever occurred? A. Yeah, and just kind of leading up to that, on May 7th I got an e -mail from Denise DeMartini where she is talking about having access to CLEO, which was the firm's case management software. So she has direct access to the firm's -- Q. The law firm's? A. The law firm's, yes. Q. You didn't have access to that -- A. No, I didn't have access. No. Q. What was your reaction when you found out she had access to -- CLEO is the firm's -- that's the -- that's the short name for the firm's A. Yeah, it's their -- it's their -- yeah, it's their case management software. The e -mail, this is May 7th, 2014, "I have attached Jeff Gray and Jeff Fraser's report ", Jeff Fraser is another client, "are there any 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 1e 19 20 21 22 23 24 25 other clients you need or is this just -- just the three that you need ?" And then she later says to me -- later that day I get an e -mail from her. She's -- I get copied on this. This is to Beth Canali, who is the paralegal, "Please review the cash report and tell me if this matches your records? This is what came out of CLEO, so it should be accurate." I mean she clearly has access to -- Q. So the law firm has given her records regarding all of the clients that she's giving you as the foundation executive director? A. Yeah. Why would I -- why would I -- I mean I'm interested individually, and even as the executive director of the foundation. I'm interested in -- in general terms, getting a sense of, you know, if I've referred Jeff Fraser or Jeff Gray or Al Crespo, are you guying taking care of them, you know, how's -- you know, as an advocate for open government, I'm interested to hear the details generally -- Q. Right -- A. -- about -- about how things are going. And her response is that she's been climbing around in CLEO and she can give me the -- all the details. Q. So not only are they discussing these clients' cases in your presence at law firm meetings, but now 13M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Yes. Q. What was your reaction to that? A. Well, what about attorney /client privilege -- but more important to me than that is the -- why it that the person that I report to, who is a member the board, why is she involved with the day -to -day erations of the law firm? This seems like a very serious problem especially when this person is now telling me that she expects me to generate 25 cases a week. And then she and Bill are telling me you can't refer cases to any other law firm. I mean it becomes -- now it's becoming clear to me that we are having a lure to communicate. I understand that I work for a tion that's independent of Marty's influence and independent of the firm's influence. I understand my job is to go out and do civil rights advocacy. And if litigation results from that, I make the decision about where that -- what law firm it gets referred to. I make the decision about commencing litigation. I make the decisions about settlements. I make the decisions about litigation strategies. I'm the only person that authorizes public records requests be made. That's my understanding. And what I'm beginning to see is that's 110 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 not what's happening, that -- and I -- you know, in an effort to try to not overreact, I sent a series of e -mails about this. I sent memorandums to the board about this. And it led to a meeting which I requested which we ultimately had on May 19th Q. Before you get to May 19th A. Uh -huh. Q. -- there's a couple little things I want to -- A. Yeah. Q. -- clarify. If you -- if you authorized a public records request be made, would you do that by e -mail or orally? How would that be done and who on your staff would make it? A. The only people I ever authorized to do that would have been Dylan Bouscher, who's an intern, and Cathy Zollo. Q. So any that were made by people other than those were not authorized by -- A. That's exactly right. Q. Okay. And if you authorized the lawsuit to be filed, would you -- how would you do that? A. General -- it could be either verbally or in writing. Q. Okay. And who would you give the authorization to? 111 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. The -- well, to the law firm, you know -- Q. Would you keep records of any lawsuits that you did authorize for their -- A. No, that was one of the -- that was one of the first -- that was one of the ongoing issues that we had, was there were so many cases, so for example, on -- on May 16th, I have an e -mail exchange with Denise and she's really very, very eager to find out about how many cases were filed. So I go back, and it was very difficult to piece this together because the firm was -- would -- had great difficulty in generating any kind of a report that would show me what cases had been referred, what cases had been filed, what's the status. So as best I was able to piece together, I gave her a summary, which she then responded to me, "Joel, according to the case management spreadsheet you sent me, I come up with the following number of cases. Please let me know if this is correct and whether they include all your people, Jeff Gray, et cetera ", and I assume she means the people that I referred to the foundation -- or the firm. January, there were ten cases. February there were 25 cases. March there were 35 cases. April there were 90 cases. And May thus far, 51 cases. And this was sent to her on May 16th. And she expressed to me on more than one occasion her 112 1 2 3 9 5 6 7 e 9 10 11 12 13 19 15 16 17 16 19 20 21 22 23 29 25 frustration that I was not -- you know, like there should be more cases. And my response is no, there shouldn't be. There -- there will be however many there e. Q. Did you ever check to see if these cases had all been authorized by you to be filed? A. Well, what -- the numbers that I'm giving her are ones that I -- that either I have referred to her for -- on behalf of the -- not to her, referred to the firm on behalf of the foundation or people that I have referred to the firm that I thought were, you know, meritorious cases. Q. Okay. So these are -- these cases that you looked at on this sheet are the cases that you either referred or authorized to be commenced? A. Yes. Q. Okay, so you know about that. So if there are others that were filed -- A. I don't know about them. Q. You didn't authorize them? A. Right. So -- Q. Does this sheet list all the names of the cases that you authorized to be filed? A. Yeah, it should have. Yeah. Q. Okay. All right. 113 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Yeah. So I had gotten -- prior to this -- this meeting with the board, Bill and Denise, I had gotten a document from Jill Mohler that was sent apparently on behalf of the foundation, the board, called Procedures and Protocol. If you want to stop for lunch, this might be a good time to do it before we get into more detail Q. Okay, that's perfect. A. Is that okay? Q. That's perfect. So we're going to start -- that's May 19th? A. May 19th, yes. MR. SWEETAPPLE: We'll start at May 19th when -- when I come back. All right, thank you. THE VIDEOGRAPHER: We're off the video record at 1:04 p.m. (A short recess was taken.) THE VIDEOGRAPHER: We are on the video record at 2:04 p.m. Q. All right. Mr. Chandler, I think when we broke you were at May 19 in your -- A. Yes. Q. -- narrative. A. Yes. So on -- after several weeks of trying to schedule a meeting, what ended up being the first and 114 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 e last face -to -face meeting with the -- with the ard, I -- I drove down to Boca -- Deerfield Beach and d a meeting with Bill Ring and Denise DeMartini. for to that, I had received a memorandum from Jill er on behalf of the foundation. And again, Jill did entitled "Procedures /Protocol" and -- so I prepared a memorandum which I use as my notes for the meeting that I had with the board. So if you'll bear with me, I'm going to -- it's a couple of pages. I'm going to read this because it captures -- everything that's in this memorandum I addressed with the board specifically. So I wrote "I have read and thoughtfully considered the protocol -- Procedure /Protocol memo, the memo that received -- that I received from Jill Mohler on Friday, May 16th, 2014. There are several points that I would like to address." And again, I used what I'm reading w as -- as my notes for my conversation with Bill and nise. "Specifically, the items enumerated 1, 2, 7, d 8, each of these deal squarely with the question of o has the authority to make public records requests on half of the Citizens Awareness Foundation and who has the authority to authorize the commencement and settlement of open government litigation on behalf of the foundation. The memo expressly states that there 115 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 ement of settlement -- commencement and ttlement of open government litigation, Bill Ring, nise DeMartini, Brenda Russell, and Joel Chandler. ditionally, the memo clearly states that each of those rties has the authority or power to delegate to, ote, anyone, end quote, the same authority. At this point, I want to express in unequivocal terms my disagreement with the aforementioned policies. In my judgment, it is imperative that only one person be given authority to make public records requests and to engage in and settle open government litigation on behalf of the foundation and that person should be me. It would difficult to overstate the degree to which the foundation will be scrutinized by defendants, opposing counsels, the courts, and the legislature given the number of open government lawsuit s we are presently engaged in and the volume of cases we anticipate in the future. Based upon my experience in open government advocacy, I have estimated that we can expect to file about 100 cases per month. That number includes cases filed by the foundation and those the foundation has provided some meaningful assistance in bringing. To put t number in perspective, the top ten open government 116 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 19 19 20 21 22 23 24 25 litigators in Florida combined probably file less than 100 cases per year. We are, consequently, the focus of various well- funded and politically powerful adversaries. There are 412 municipalities, 67 counties, 66 sheriffs, Miami /Dade County does not have one, 67 school boards, more than 1,600 community development stricts, 20 State Attorneys, 20 medical examiners, re than 100 State agencies, and thousands, perhaps as many as 10,000, State contractors. They are all subject to Florida's extraordinarily broad open government law and they despise what we do. More importantly, they are extraordinarily well- funded and collectively the most powerful political entities in Florida. Here I can speak from long personal experience. They will do whatever is within their power to stop us. They are presently scrutinizing public records requests that we make and every case we file. They are actively looking for opportunities to exploit any weakness they can find. And they communicate with each other to an extent that is shocking to the uninitiated. From my personal experience, they are willing to engage in threats of civil litigation, criminal prosecution, and violence. They're willing to launch criminal investigations and unlawfully access both DMV and criminal databases. They're willing to engage in criminal conduct as 117 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 idenced by the prosecution and conviction of the neral counsel for the school board of Polk County and iminal conspiracies. And they are most assuredly lling to gut Florida's open government laws in order to stop us. Because of that certainty, I believe that we must employ every effort to deprive our adversaries of any claims of misconduct on our part. In addition to a series of very practical reasons that I would be happy to articulate at another time, the fact that we live with targets on our backs should be reason enough to make us very concerned -- make us take a very conservative approach to making public records requests and engaging in open government litigation. This is ground that I've successfully navigated for the last -- for the past eight years and I've done so at great personal costs. Given my considerable experience in this area, I believe that I am extraordinarily well- equipped to help the foundation avoid the pitfalls that lay ahead. I am equally convinced that if I'm not given the authority and resources to do so, the efforts of the foundation will -- will result in an erosion of public's right to know. My goal is to sustain what are doing and to continue to work with the foundation promote open government. I am absolutely committed the cause of open government and I'm willing to serve 118 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 at the pleasure of the board of directors and to be accountable to it. If, however, I do not have the confidence of the board to have both the resources and the authority to act on its behalf, then I believe we should now consider how best to bring to a close my relationship with the foundation." I did not read that in the meeting that I had with Bill and Denise, but I did cover every point in there and then some. And this was the result of the series of concerns that I addressed earlier, the fact that public records requests were being made by parties that were not a part of the foundation that I did not know about, I did not authorize them, the lawsuits had been filed without my authorization, the fact that Denise DeMartini was functioning both as a board member of the foundation and she was involved with the day -to -day operations of the law firm -- Q. And also worked for Mr. Martin O'Boyle's y' A. And she worked for Marty O'Boyle, that's right. And my concern was that given the scrutiny that we were going to be under, we really have to behave ourselves. fie can't do things that would allow anyone to legitimately claim that we were involved with things we shouldn't be involved with. And that if I did not have 119 1 1 2 3 9 5 6 7 e 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 Denise DeMartini, her response was -- she was incredulous that I would quit my job and her response was something to the effect that, you know, there's no way you're going to quit a job paying you $120,000 a year. And my response to her was that if you don't -- I think my exact words were if you guys don't stop this nonsense, I'm going to fucking quit. She again expressed her incredility that I would just quit and that -- I think this was on a Monday and I had -- was eduled to be there all week because I was scheduled be deposed in some cases later in the week. And when I went down on Sunday night, I checked into a hotel right up the street from the -- the foundation. I got a room for one night and I packed my bags on Monday morning before I went into the office because I expected I was going to be going home. I mean my expectation was I'm -- I'm going to quit, and I told her that. So we broke -- took a break in the meeting and sometime later we reconvened and Bill and Denise nounced to me that they agreed, that I would be given le authority to make public records requests, no one 11 make public records requests without my knowledge, 120 1 2 3 9 5 6 7 e 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 at there would be no more cases filed without me being Q. Now, did they tell you they called Marty in the recess, during the recess? A. They said they were going to talk to him. In fact at one point during this conversation, Bill told me that this is the way it has to be, all these things I was objecting to. And I believe his exact words were that's the way big daddy wants it, meaning Marty O'Boyle, and he actually made a -- he said if -- if it's not going to be this way, then big daddy is going to turn off the spigot of money. And my response was well this big daddy is going to turn off the spigot of cases. And Bill says so this is just a pissing match between you and Marty. I was like I guess so. I can tell you who is going to win. And his response was, oh, yeah, Marty. And I was like no fucking way. I guarantee I win this fight. There's no way I'm going to continue to be a part of this if we -- if we don't stop this nsense. And again, this was the most -- probably the 9rior to this and every time I sort of got the pat on 121 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the head, we're going to straighten up and fly right, we won't do it anymore, we're going to do the right thing, you're in control, we'll -- we'll, you know, defer to your judgment. And I -- I actually left this meeting somewhat optimistic that things were going to work out. In fact I went back to the hotel and checked back in and ended up staying for the week only to find out the next day that a lawsuit had been filed against Gulf Stream without my authorization and without my knowledge. So they did the same exact thing the very next day. Q. The next day they filed the lawsuit? A. The next day they filed the lawsuit without me knowing about it. Q. On behalf of the -- A. Citizens Awareness Foundation. Q. Okay. A. Now, later that day, Marty called me into the conference room and it was just the two of us and he said to me I got your message loud and clear and I understand this is the way it has to be. So I took from that him to mean that -- that, you know, okay, you -- you win, we'll do it your way and we'll all behave. Unfortunately that's not the way things played out. So after the -- after that meeting on the 19th, on the 21st I was copied on an e -mail exchange between 122 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ryan Whitmer and Jonathan O'Boyle where Ryan says, on ay 21st, 2014 at 5:03 p.m., "John, do you have the draft CAFI," it's an acronym for the Citizens Awareness undation, "Do you have a draft of the CAFI fee reement yet? We need one rather sooner rather than guess I sound like a broken record. I kept telling them have to have fee agreements, we have to have fee reements, which to my knowledge they never did. I rtainly never signed one. Then on May 26th, things began to spiral out of control. I got a -- I had a conversation with -- the week that I was there, the week of the 19th, during that week, Denise was there in the office in Deerfield Beach and I had talked to her and the firm on a number of occasions about trying to streamline the process of drafting complaints. And because many of these cases have very, very, very similar facts, it's unnecessary to draft a complaint from scratch. You're -- you're dealing with the same issues over and over again and -- in many instances. So for example, I had done an audit of charter schools in Florida who are subject to the lic Records Act and I had done that electronically by mail, made the same exact request to each of these. eir responses were very similar. Those that violated 123 1 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the Public Records Act -- you know, there's a limited number of responses you get; no, we're not going to give you the records, who are you, why do you want it, you have to make your request in writing, et cetera. And because you have this very repetitious process, it seemed foolish to me to draft complaints from scratch each time because it's time consuming and because it -- it opens them up to making errors. And what the firm had done a number of times is they had taken a previously drafted complaint and gone in and just changed the names of the defendants. And a couple of instances they didn't make all the changes, so the style of the case says ABC and the -- in the body of the complaint they refer to a completely different defendant, which is certainly something you can cure by filing an amended complaint, but it looks foolish and ecessary and I think terribly unprofessional. So in an effort to try to avoid that, my suggestion was that we -- that they use the -- Microsoft Word's mail -merge functionality. And, you know, basically you go in and you fill in some blanks and it populates the fields and wa -la, 15 minutes later you have a complaint. And I had asked them to do this over and over again and they had just kind of dragged their feet about it. And my concern was not so much the 124 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 oductivity issue as it was I wanted them to eliminate e possibility, or reduce the possibility, of having So finally the week of the 19th, Denise seemed to be on board with that and she seemed committed to implementing that because she was apparently running the day -to -day operations of the firm -- Q. But did you ever believe she was employed by the law firm or just volunteer -- A. No, I don't -- no, I don't -- I don't think she was ever paid by the law firm. She was being paid by the same person who is financing -- she wasn't paid by the foundation either to my knowledge. She was being paid by Marty O'Boyle and her time is being spent managing me and managing the law firm. And while she's fulfilling both those responsibilities, she's demanding that I produce more lawsuits and, you know, where are the lawsuits, why aren't you giving me 25 a week, and t sort of thing. So during this conversation that happened the week of the 19th, she asked me about helping the law firm implement this mail -merge functionality. And during that conversation, she told me that she wanted me to draft a new template from scratch, a new verified complaint from scratch that the attorneys would use. 125 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And she sent me a follow -up on the 26th and she says "Would you please give me an estimated date on when I can expect the form complaints. I have a very busy week this week and have to go out of town at the end of the ek, so I'm trying to schedule my days, thanks." And I sponded to her -- that was at 3:04 in the afternoon. 7:10 that evening, I sent her -- excuse me, at 11:10 m. I sent her the following response: "Denise, after long consideration and a discussion with my attorneys, I've decided not to provide any verified complaints, template or otherwise. According to my attorney, doing so would constitute the unlicensed practice of law. Simply put, a non - attorney may not draft legal instruments for another person or entity unless he or she is doing so at the direction of a member of the rida Bar. Drafting complaints is something I was e to do before because I was either working pro se or the capacity as a paralegal." I'm talking about ore I went to work for the foundation. "Unfortunately, that's not the case here. I'm sorry that I did not think about this more fully earlier last week. It would have saved me many hours of work and avoided disappointing you. By the way, I've added cases to the drop box." So I basically just refused to -- to draft the complaint because I really thought this was 126 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 unlicensed practice of law because she's not an attorney. I'm not an attorney. It would have been one thing for the attorneys to ask me to do it. It was something all together different for a non - attorney to k me to do it. She responds the next day with "Please give me call to discuss. I'm only looking for you to assist with setting up the mechanics in Excel for the mail -merge because you already have done it and I don't have the knowledge. I'm looking for -- I'm only looking for the template." And I had a follow -up telephone conversation with Bill Ring about this and I again objected thinking that Bill's a member of the Florida Bar, he'll -- he'll get it, he'll understand what my problem is. And Bill did not understand what my problem S. He thought it was perfectly fine for Denise, a legal instrument. And as I explained to Bil Florida paralegal is sort of a catch -all for - attorneys. There's no regulation of paralegals. body that wants to call themselves a paralegal is a alegal. And paralegals are not authorized to plete any kind of legal instrument unless it's a form is been approved by the Florida Supreme Court, and t ain't this. Our -- you're asking me to draft 127 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 something from scratch, that is absolutely prohibited. And his rationale was I don't see the big deal, just do it. And again, I refused to do it. Q. At this time Mr. Ring is not a member of the law firm, he's -- A. He's president of the foundation. Q. And an employee of Mr. O'Boyle's company -- A. Right. Q. -- Commerce Group? A. Right. Q. Or partner? A. Right. So, you know, now I'm beginning at this -- but at this stage of the game, you know, I've had this blow -out with the firm -- with the foundation board. They seemed to have gotten on board and then the next day I find out that they really are still filing the lawsuits without my authorization. And as soon as I caught them doing that, it was sort of like, well ghee, that one slipped through the cracks, we're sorry. But -- and that was also sort of the response -- Q. Do you know which lawyer filed that? A. I don't. It would have been -- Q. We can look and see. A. Yeah, I don't -- I don't remember which one it 128 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 Q. But it filed -- if that's the day, it will have that date on the -- A. Yeah, I think it would -- I think it would have been filed on the 20th. Q. Okay. A. Or it may have been filed the 19th. I didn't find out about it until the next day. But, you know, things just seemed to be escalating because we've gone from things that I -- were problematic for me because of the perception that it creates to what I perceive as ethical issues to what I perceive as potential Bar violations to now I'm being directed by my direct superior, Denise DeMartini, both the president of the foundation who is a lawyer, not acting as an attorney, to draft lawsuits on behalf of the law firm. Well, I'm not a lawyer and I'm not really in a position to draw legal conclusions, but somehow that just didn't feel right. And I had talked to a couple of my own personal attorneys and the consensus was universally that that's UPL, it's unlicensed to practice law. It's a felony. You can't do it. And I have been very, very circumspect over the years about making it very clear to people that contact me through my website or, you know, in newspaper article or TV or a story comes out about something that I'm doing, and inevitably I get a barrage of phone calls 129 1 2 3 a 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 from private citizens wanting help, and I have been religious about, you know, giving my profunctory disclaimer I'm not an attorney, I'm not authorized or qualified to give you legal advice. I can tell you what I would do if I were similarly situated, but I'm not an If you go on my website, both the website that had before the foundation, and I've resurrected that website since then, it very -- it very clearly states on there I'm not a lawyer. I'm -- I'm very, very careful about UPL. And it really concerned me that not only are they asking me to do that, but even after I explain -- expressed my concerns and explained my reservations, they still were pushing me to do something that I believe would constitute a criminal act. And they just seemed to have a total disregard for my concerns there. Then on May 28th, I get an e -mail from Denise because she's very frustrated and Jonathan O'Boyle are frustrated, both, because I'm insisting that every lawsuit that gets filed on behalf of the foundation be a verified complaint. And the reason I want these cases be verified -- there are two reasons. One is I want be sure the facts are right. Secondly, that seemed me to be a pretty solid way of eliminating the sibility that -- that lawsuits are going to get filed 130 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 without my knowledge. If every one of them is verified, and I'm the only person that's verifying them, it's going to require my physical signature before it gets filed. And Denise sent me an e-mail on the 28th -- Q. And again, she's not an employee of the law firm at this time? A. No. "Joel, I understand that we are back to you certifying the complaints before they are filed. I also understand this requires a notary. John," Jonathan O'Boyle, "and I would like to discuss this procedure with you to better understand your thoughts of doing it upfront whereas John thinks it can be done just as easily after the filing ", which I just was completely baffled by that. I mean you can't verify a complaint after it's been filed. It certainly sounds like John is involved with giving legal advice to Denise DeMartini who is the board member that I report to and is wanting to give me legal advice as executive director of the foundation, trying to explain to me why I need to be verifying complaints. Q. And he's not a lawyer in Florida? A. To my knowledge, he is not a member of the Bar in Florida. Q. All right. A. Then moving on, I, on June 2nd, we talked about 131 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 this a little bit earlier, on June 2nd I traded e -mails with Bill Ring. I was seeking authorization for the board to refer the Barnes & Noble case to Thomas and LoCicero and I got an e -mail from Bill -- well, here's -- here's what I asked him on June 2nd -- Q. You're writing him as -- A. I'm writing him -- Q. -- president of the -- A. I'm writing -- I'm writing him as the president of the foundation, "Going back to a phone conference that Marty and I had with Bob Twill ", who's a tax attorney in West Virginia, "the issue of using a law firm other than the O'Boyle firm has come up. The rationale is that if we use the O'Boyle Law Firm exclusively, it will appear to be self - dealing by the IRS. Although there may not have been any concrete suggestions as to how many cases should be referred elsewhere, the consensus has been we should refer at least some elsewhere. With that in mind, I would like the board to authorize me to engage Thomas and LoCicero to take one case, CAFI v. Barnes & Noble. My brother Robert was with me when I visited the USF campus book store. The book store is operated by Barnes & Noble. Robert mentioned the facts of the case to one of the attorneys that Thomas and LoCicero and they have 132 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 pressed an interest in the case. I've not yet scussed this with Thomas and LoCicero. Thomas and LoCicero is a preeminent open government law firm in the state. Greg Thomas, the firm's senior partner, has argued many of the landmark public records cases, many of which are regularly cited in briefs written by the D'Boyle Law Firm. I would ask them to take the case on the same terms as the O'Boyle Law Firm, contingency with the firm bearing all litigation costs. I suspect that T -Lo ", Thomas and LoCicero, "is interested in the Barnes & Noble case because it is in Tampa and because Barnes & Noble is -- was sued over virtually identical facts in a case that was made that made its way to the Third DCA a number of years ago. I think an appellate decision is what T -Lo is most interested in. Let me know if there are any questions or concerns. I think we need to refer something to someone other than the O'Boyle Law Firm and this would be a good case to use for that and T -Lo would always be my first choice. It will enhance the standing of the foundation." And what I meant by that is Thomas and LoCicero, Greg Thomas in particular, is so highly regarded on open government issues, having him represent the foundation would have elevated our stature. And I des hoping that this would be the first of many cases that I would be able to refer to other law firms. 133 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And Thomas and LoCicero has always been very, very picky about the cases they take. They're not really interested in run -of- the -mill simple public records violations. They're not interesting to them. They want something that's going to be -- typically things that are going to lead to appellate decisions, and Greg has a lot of them. Bill's response later that day was "Denise and I are speaking with Mr. Twill of Jackson Kelly again this week, most likely Wednesday or Friday, however at this point I am not inclined to authorize CAFI to engage another law firm based upon my last conversation with Twill. We will be -- get back to -- to you with a definitive answer after that conversation." And, you know, the -- what I got back from him was no, we can't do it, the only firm we're going to give cases to is the O'Boyle Law Firm, which again had been one of the conditions I laid down with Marty in the very beginning, that we have to be able to use other firms. Q. So all of the cases that were filed by Citizens Awareness were filed by the O'Boyle Law Firm? A. To my knowledge, yes. Q. Ones either you authorized or that were not authorized by you? A. Correct. 134 1 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Okay. And they -- were they all filed -- were they all contingency fee cases, in other words they only got paid fees if they recovered them from the defendant? A. Yes. Q. Okay. And there was no written agreement discussing how filing fees were to be covered or reimbursed or who was responsible? A. Well, the fine -- no, the -- in practice what happened was the -- the firm, the O'Boyle Law Firm, would pay all the litigation costs, filing fees -- Q. But there was no written agreement discussing who's going to be responsible for those or -- A. I've never seen a written agreement. Q. -- or how the fee was going to be determined A. No. Q. -- what rate would be used by what lawyers? d there was no written agreement of a contingency ntract that said anything like that? A. Correct. So that was -- that exchange was on ne 2nd. So my mindset at this point was I have other ople outside of the foundation that are making public cords requests without my knowledge or consent, thout my authorization, lawsuits are being filed thout my authorization, cases that shouldn't have been 135 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 filed in the first place. They were defective cases, meaning that the facts weren't good. My -- my standard for cases that I would approve of is very, very high and y brother Robert and I have a running joke. It's WWGD, What Would Greg Do, Greg Thomas. You know, he's sort of the standard that we use. And just so we're clear, he has -- has never had any affiliation or anything to do with the foundation or the O'Boyle Law Firm. But he's the -- has been my attorney for many years and I hold him in very high regard. He's the standard by which all attorneys are measured in my book. And, you know, my view of this is that bad facts make bad law and I don't want adverse decisions because that doesn't support what I'm after, which is more access, not less access. And I -- so I was very frustrated that he had these cases that were being filed that shouldn't have been filed. In addition to that, I'm being told that I have to produce 25 cases a week. I'm being told that I'm not allowed to refer cases to other law firms. And this is really at this point -- by early June it's really beginning to feel like this is not something I can continue to be a part of. Q. And -- and no one's doing what they're telling you they're doing, they're not -- A. Right, I'm repeatedly -- yeah, and it's -- 136 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it -- and, you know, sort of the grand scheme of this is the thing starts in January. We're very -- I'm very busy in February trying to get things lined up, get the ebsite up and business cards and, you know, get things going. I mean meeting with the legislature and in February I'm meeting with Barbara Peterson in Tallahassee. In February I'm all over the state meeting with civil rights groups. And more or less I'm left alone until towards the end of -- of April, Denise becomes very involved and that's when things take a very, very radical shift and there's the -- there's just one problem after the other. It seems about every week or two there's some major issue that comes up. Q. And did you conclude that what Denise was doing was at the behest of Martin O'Boyle? A. There's no question in my mind about that. Q. And at the behest of Jonathan O'Boyle? A. There's no question in my mind about that. Q. Okay. A. So on June 11th, at this point I -- I've just come to the -- I'm concerned that I'm not going to be able to continue to be a part of this. I recognize that I'm sort of predisposed to -- as Greg described -- Greg Thomas describes it getting up on a ledge. You know, I'm concerned that maybe am I -- am I exaggerating the 137 1 1 2 3 a 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 significance of these things, is it -- is it my ego, is it -- am I just pissed off because I'm not getting my ay. So I really wanted to talk to somebody to kind of, you know, get -- get a gauge on what's going on. So between June 2nd and June 11th, I spoke with 11 different attorneys that I've worked with over the years. Some of them currently represent me. Some of them represented me in the past. Some of them I knew socially. And I presented to each of them the basic facts of what were going on -- Q. What you described to me but -- A. Yes. Q. -- in a synopsis? A. And of those 11 attorneys, all 11 of them had the same reaction, and that is what's happening is -- certainly there are a series of very serious Bar violations, what may -- was going on may very well rise to a criminal act and you need to get out. So the -- the litmus test I had was Greg Thomas. So I -- I scheduled an appointment with Greg and I met with Greg and two of his associates and I expressed to him what was going on. I remember right after I took the job at the foundation, I met with Greg and laid out the arrangement and these safeguards that I put into place and he cautioned me, you know, as long as 138 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 everything is independent, then this could be a wonderful thing for -- for the public. And now four or five months later it's very clear to me that things aren't what we thought they were going to be, so I want to get his take on it. So I met with Greg on June 11th in his office in Tampa and he echoed this -- the reaction of the previous 11 attorneys that I spoke with. I think his exact words are, you know, why are you still there. Now, he did also say, you know, this -- because this has the potential to be such a wonderful benefit to the public, you know, can you try to fix it, is there -- is there any possibility of trying to fix it, you know, try one more time to fix it, but if you can't, you need to aet out. Then the next day I met with Barbara Peterson, who is the president of the First Amendment Foundation. She's also an attorney. She and I are very good friends and you'll recall earlier in our -- in my narrative I met with Barbara right after the creation of the foundation. She's the person that actually introduced me to Marty O'Boyle. And I was very concerned about how this might impact her because the -- the Citizens Awareness Foundation I had with the approval of the board and Marty O'Boyle's direct approval, I had agreed 139 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 sponsor the First Amendment Foundation's Sunshine rs, which they do each fall and they do ten of these around the state and they're very well attended, in fact they're approved by the Florida Bar for CLE. It's a big deal. And we were going to pay for everything. We were going to -- we were going to provide box lunches for all of the attendees and give away Sunshine manuals. We were going to pick up the tab for everything. And as part of that, we were going to get, you know, acknowledgment that we were paying for it. And this was very important to me because the First Amendment Foundation is so highly regarded by the legislature. I mean if a -- if there's new legislation that affects public records, the first thing the legislators do, they call Barbara and find out is this good or bad. It's a big deal. She is taken very, very seriously. In fact she was a chairwoman of the governor's commission, open government reform. I mean she's a big deal. And the idea that we would be able to aligned with her -- and during this time by the way, actually participated in a press conference with equal lling with Barbara. I mean I had really worked very rd to affiliate the Citizens Awareness Foundation as as I could with Barbara Peterson -- Q. And with legitimate officials and legitimate 140 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 public interests? A. Yeah. Yeah, absolutely. Yeah. Yeah, and not in a manipulative way -- Q. No. A. -- in a -- in a we're -- you know, we're on the same side. And I was concerned that as -- you know, I had worked so hard to do that and Barbara had been in -- I think allowed me to do that because of me, not because of the foundation, because of my relationship with her. I was concerned that I may have put her in a position fight cause her some embarrassment. So she was meeting with her board in Tampa on June 12th and she was kind enough to -- to meet with me at the hotel in Tampa. And I started describing to her what was going on and she had almost the -- verbatim, why are you still there, you need to go. But again, with the same sort of, you know, this has the potential to be such a wonderful thing, is there any chance of fixing it, maybe you ought to take one more crack at fixing it, but if you can't, you need to go. And I think her exact words were if they won't do what you want them to do, you need to tell Marty O'Boyle to go fuck himself. She cusses like a sailor, delightful lady and a very dear friend. Ironically, I when I was meeting with her, I 141 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 got a phone call which I did not take and when I got up to the parking garage of the hotel, I returned the phone call and the phone call was to Bill Ring. And Bill put Denise DeMartini on the phone and Jonathan O'Boyle, so it was a conference call with the four of us. And this is at the Intercontinental Hotel in Tampa. That's when the conversation began. And the conversation did not end until I had almost gotten all the way home in Lakeland, so we were on the phone for about an hour. And the conversation resurrected an issue that had come up once we started getting involved, we the foundation started getting involved, with litigation against State contractors. While we were litigating against publically operated agencies, municipalities and State agencies, the firm had been pretty good I think about just asking for their actual hourly billable's and expenses -- Q. Now, this is not a conversation with -- at the law firm regarding any legal advice -- A. There wasn't a single lawyer on the -- the only people that were on this phone was Jonathan O'Boyle, who is not a lawyer in the state of Florida, and Denise DeMartini -- Q. And your board? A. And Bill Ring as president of the board. So 142 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 there's nothing privileged here. And what had started happening was once they started litigating against contractors, who are notoriously bad actors when it comes to public records access, what they were doing was demanding flat monetary settlements. When I say flat, I mean just pick a number. The problem that I saw with this, and I raised this issue repeatedly with the board, and this was the -- the purpose for this conference 11, if the O'Boyle Law Firm's actual fees and expenses are at $250 an hour, let's say are $1,500, and they demand $5,000 from the defendant and the defendant agrees to pay that, what happens to the windfall, the difference between their hourly billable's and expenses and the total number. My reading of the Florida Bar rules is that that would constitute a contingency fee arrangement and that a percentage, not less than 60 percent, has to go to the client. The problem is I had told State Legislators and reporters that the foundation was not profiting from the litigation. We don't get any of the money. Well, Jonathan's solution to that is fine, we'll keep it. Well -- Q. That's what he said to you? A. Yeah. Oh, yeah, we got -- we got into it over is. In fact, this issue had come up before. There re several instances where Giovanni Mesa, one of the 143 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 attorneys at the O'Boyle Law Firm, was engaged in settlement negotiations and would call me. He was a good attorney, straight arrow, trying to do the right thing. And he would call me and say look -- Q. Don't get into any -- is this lawyer /client or is this with the foundation where in your -- A. Yeah, it might be. Yeah. Q. Then don't -- A. Let me just -- suffice if to say, this wasn't the first time this issue had come up and I had made my views on this very, very clear, that the -- if you're going to claim attorney fee and expenses, it really has to be your attorney's fees and expenses. You can't be getting more than that. And what I have told attorneys is if you've got $1,200 in fees and expenses at this point, I think it's perfectly fine to tell opposing counsel, you know, today I'm at $1,200, it's going to take us probably another hour to draft this up, so I'm going to add, you know, another two hours to this and I will -- you know, I'm estimating we're going to close this out at $1,700. I think that's perfectly fine as long as you're communicating to them what you're doing. What I'm not okay with is suggesting in some way that your fees and expenses are $5,000 when they're really only $1,200 -- 144 1 2 3 9 5 6 7 e 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 Q. And that's what you believe was occur -- A. I believe that they -- I believe they were either -- either suggesting that, if not outright saying it, or they were not saying that and just saying this is a monetary settlement for $5,000 and keeping all the oney. Either -- either one would be a serious Bar violation. Q. Did they provide the foundation -- when you were there, did the law firm provide you with any closing statements? A. I have never seen a closing statement. Q. Had they -- A. Ever. Q. Had they ever provided you with any documentation showing how much they collected in fees on cases that were settled? A. Never. Q. Have they ever sent you, while you were at the foundation, a schedule of any expenses that they incurred? A. Never. Q. So you've had no financial reporting from the law firm at all? A. No. No, and I made it very clear to them that -- that my understanding, and I feel very strongly 145 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 about this, is that they have a very clear obligation to have a written fee agreement and at the close of every single case, I would have to see a closing statement -- Q. And sign it, right? A. That's correct, that I would have to approve the closing statement and then it was -- it was a serious, a very serious Bar violation, to disperse any funds without the client agreeing to the closing statement. They can't pay themselves. They can't pay anybody until they presented a closing statement and I've agreed to it. Q. And did you tell Jonathan O'Boyle -- A. I did. I told Jonathan that. I told Ryan that. I told Giovanni Mesa that. I told Marrett Hanna that. Marrett Hanna and Giovanni Mesa I think were very uch in agreement with me. I think that Ryan, to a very large extent, was in agreement with me. There was a -- it would be privileged. I can't say that. Q. Let -- I appreciate that. Let me ask you this, who -- who was the bookkeeper that ran the accounts at the firm? A. It would have been Carla Bucletchen (phonetic). Q. Okay. And when the firm advanced costs, were those monies put in trust from the -- from the foundation? 146 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. No. Q. Did the foundation give money for the -- A. No. Q. They came from the firm itself? A. Yes. Q. Or from Mr. O'Boyle, you don't know? A. I -- not from the foundation that I'm aware of. Q. Okay. So they were -- A. I mean I'd actually -- I had actually suggested at one time because -- you know, think of Marty as the bank. You have one guy. He's either loaning money to the foun -- to the firm or he's giving contributions to the foundation, but the money is coming from the same place either way. My suggestion at one time was that instead of Marty loaning money to the firm to be used at -- for filing fees, that he simply give that money to the foundation and then the foundation would make litigation grants. I proposed that because I thought it would be -- it would add some validity to what we were doing and that I would be in a position to be able to make those grants on behalf of citizens who wanted to -- to litigate, which I thought was useful for a number of reasons. One is there are lots of people out there who simply don't have the means to litigate. I thought it would make the whole thing that we were doing seem much 147 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 has six clients and the Citizens Awareness undation represents 95 percent of their caseload, that ght look, if not -- if not inappropriate, it might ok fishy. We'd be far better off if -- if we were Twilling to help individuals and other organizations, other civil rights groups, to be able to do litigation by giving them the grants. And I didn't get any traction with that suggestion. Q. Okay. So -- so after you had this one -hour conversation where you were, I take it, arguing as to how the firm was attempting to pay itself, or paying itself, or Mr. -- how Jonathan O'Boyle thought the firm should be paid, what occurred? A. Well, I was pretty near apoplectic. I mean I was really animated about this because this was a really, really big issue for me. Partly because if the foundation was going to get any of the money, you know, it's going to damage my credibility with -- with reporters and with legislators who I have assured this not what we're doing. If on the other hand the undation -- the firm is just keeping this windfall, I ink that's a very serious Bar violation. You just n't do it. And they kept telling me that they had 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a -- an ethics opinion Q. Okay, don't -- don't -- there was a A. Well, this isn't privileged because -- what I'm going to say is not privileged because -- Q. Okay. A. -- Jonathan O'Boyle, who's not an attorney in Florida, said this to me and to the board of the foundation, so I don't think this is in any way privileged. In fact, they sent me a copy of it, so I know it's not privileged, that there was an opinion letter from an attorney, Kevin Tynan (phonetic), who they kept talking about as being this amazing, wonderful, highly regarded ethics attorney, who said all this is okay. And my response was I've talked to 13 attorneys who say that it's not. Well, our guy knows what he's talking about and he knows what he's doing, to which I responded well, I could paint any hypothetical to any attorney I want and get the answer that I want. I mean, you know, it depends on how you ask the question. I suspect that if I were to -- if I were to describe to this guy what I believe is going on, I think I'd get a very different answer than what you're getting. Q. Right. A. And they were really adamant that's not the 149 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 case, that this is okay, we want you to agree to do this, and I was like there's no way I'm going to agree to do this. And I -- the way I left it with them is I'm willing to be -- the way -- I think my exact words were I'm willing to be disabused of my opinion, but until I am, we're not doing it. Q. And were any cases on behalf of the foundation settled by the O'Boyle Law Firm? A. Oh, yeah. Q. How many? A. Well, I have no idea because they were engaging in settlement negotiations without my authority. Q. Okay. And -- A. So -- so -- I mean -- Q. And you've never seen any closing statements, you've never signed any closing statements while you were there, and while you were there they were settling cases on behalf of the foundation and not accounting to the foundation? A. Right. And what I told them -- and just so I'm clear I -- you know, I've worked with many, many, many attorneys over the years on public records litigation and as I said, Greg Thomas, who is not in any way involved with any of this nonsense, is the -- you know, the standard by which I measure all other attorneys. I 150 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 1e 19 20 21 22 23 24 25 ould trust Greg with a million dollars cash. I'd trust im with my life. I think he's just -- is as honorable f a man has ever been a member of the Bar -- Q. It's nice to know there are attorneys like that. A. There are -- there are a few of them out there. But even with Greg, as high as my regard is for Greg and for his firm, I insist that I see every communication. If you're going to communicate with opposing counsel, I ant to see it without exception. I want to know what's going on. I -- and part of it is intellectual curiosity. I -- I mean I -- one of the reasons why I think I have some expertise in this -- on this field is because I've taken that approach. I want to see what's going on. If there's a hearing, I want to go. I want to be involved with every step of the process. And I communicated that same expectation to the O'Boyle Law Firm yet they did not do it and that becomes very clear when they were engaging in -- I mean not only have they -- they -- settling cases without me knowing about it, but they're not even telling me that they're engaged in it. I haven't even authorized a settlement. Q. And they're asking for more in fees than they're entitled to and not even agreeing with you in a written closing statement what's happening with the 151 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 money? A. Right. Bill Ring told me on more than one occasion, and this is a quote, it's none of your fucking business how much money they're getting. Q. So that's what he told you when he was president of the foundation? A. Yes, it's -- it's none of our business what they're getting. They -- if they can get $10,000 for a case where they only have $500 worth of work in it, so what, good for them, why -- why should you care. And my response was I care because number one, if it's a public agency, there's -- there's tax dollars that are being spent and, you know -- Q. Maybe defrauded? A. Potentially. And even if it's contractor who's a for - profit corporation who's getting rich on the backs of taxpayers by screwing them and not delivering on the contract like they're supposed to, who I'm not very sympathetic towards, I -- I don't want to cheat. I win fair and square. When I go into court and I kick the shit out of some attorney over a public records issue, I do it fair and square. I don't have to cheat. I have really good facts. I don't file unless I have great facts. And -- and that is a very important part of how I operate. If -- if opposing counsels figured out that 152 1 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I had crappy facts and I was, you know, playing on the margins, they'd figure it out very quickly and nobody would -- would take me seriously. Q. Okay. So -- so by this point, after this one -hour conversation, and all of the lawyers you met with, did it occur to you that Martin O'Boyle and the O'Boyle Law Firm were engaging in illegal conduct? A. I was concerned about that, yes. I -- I am -- I am very confident that if I were to draft a legal instrument for someone who was not an attorney, that that would be a felony. That would be unlicensed practice of law. And I have no doubt -- Q. What about if you as a law firm ask a government entity for $10,000 in legal fees when you've done $500 worth of work? A. Again, I think it would depend on how it was presented. I think if you said these were -- our fees are $10,000 when you really only did $500 worth of work, I think that would -- Q. Any time you get money for work you didn't do -- you're only entitled -- the law firm is only entitled to attorney's fees. There's no money damages in these cases. A. Right, I think that -- I think the -- and not to put too fine a point on it, I think the issue is 153 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 1e 19 20 21 22 23 24 25 whether you're presenting it as entitlement. I agree with you. If you say I'm entitled to $10,000, you have to really be entitled to it. Q. What if you say I want 10,000 to settle the case? You're only allowed to collect, as an attorney, your attorney's fees per the statute. How could you possibly collect more than your fees under any circumstances? A. I -- I think that -- that the -- I think -- here's the distinction. Q. Okay. A. If we're engaged -- if you and I are on the opposite sides of this and you represent -- Q. The government entity, I represent Gulf Stream -- A. Okay. Q. -- and you've sued -- A. Yeah. Q. Okay. And you've -- you've got -- you're the attorney and you have $500 worth of time. You just filed a template. You call me up. I call you. We admit we did wrong. How can you even say I'll take $10,000 to settle the case? A. I would -- I would agree with you. I think that would be unethical to do that. 154 1 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 1e 19 20 21 22 23 24 25 Q. Why wouldn't it be criminal? Why wouldn't it be defrauding the government of money? A. I -- again, I think if you were to -- if the attorney were to claim entitlement, I think it would be. Q. Well, if -- the only thing the attorney is entitled to ask for -- on monetary relief is his fees and costs. So whatever he asks for is -- A. Yeah, you're -- you're asking me to draw a legal -- Q. That's a legal conclusion, yeah, I understand you're not -- but I just -- I'm sure you didn't really analyze that because they're telling you the whole time this is a contingency agreement, this can be done, but I'm curious A. Well, here -- here's the thing, my -- my issue -- Q. But that's not -- this isn't for you to figure out or understand -- A. Yeah, my -- my issue with what we were doing here -- what they were doing here is that I -- I don't think it's legal. I am confident that -- that it constitutes a very serious Bar violation. But even if you were able to satisfy -- and this is what I told them in this conversation, even if you were able to satisfy ny concerns with respect to -- I mean if you got -- if 155 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you showed me an opinion letter from the Florida Bar saying that what you guys are doing is completely legitimate, I would still object to it. And the reason I would object to it is because it creates the wrong perception. We're not doing this to create a -- an economic enterprise. We're -- the foundation cannot function in that role. The foundation is here to defend the public's right to access Q. Right. A. This is -- you know Q. You're against it -- you were against it on principle separate and apart from any ethical or illegal consideration -- A. But did I -- yes, but did I -- did I believe as a lay person that there was a very strong likelihood that this was illegal, yes, I did. Q. Okay. And so did you, after that conversation, decide to ultimately disassociate yourself? A. Well, the next day I got a phone call from two of the attorneys at the O'Boyle Law Firm and they told me that Bill Ring, Denise DeMartini, and Jonathan O'Boyle called a meeting of the firm and told the attorneys that I had in fact agreed to this windfall scheme. And those are two -- Q. They called you and said this, that -- repeated 156 1 7 L 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 that you had agreed to it? A. Yeah. Yeah, what happened was the next day after -- after being really vociferous in my objection to it, I mean unequivocal -- Q. Apoplectic -- apoplectic you called it? A. Apoplect -- yeah, I mean just -- just really almost unglued in my objection to it. Bill, Denise, and Jonathan convened a meeting of the firm and told the other firm -- told the other members of the firm, the other lawyers -- Q. Was Bill a member of the firm? A. No. Q. And was Denise? A. No. Q. And Jonathan's not a lawyer? A. Right. Q. Okay. A. They -- they tell the other attorneys, Giovanni Mesa, Nick Taylor, and Ryan Whitmer, that I had agreed to this scheme. And two of the attorneys, who I won't ention their names at this point, but two attorneys called me separate from each other. One attorney didn't know the other one was calling me. They called me within ten minutes to each other to tell he that -- that they had -- had said that I had agreed to this and I was 157 I 1 2 3 a 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 livid. And the reason they called me was because they were like this doesn't sound like you. You've been -- you've been objecting to this all along. I -- you know, this doesn't sound like something you would have agreed to. And I was like, hell no, I didn't agree to it, absolutely not I didn't agree to it. So yeah, at that point, you know, I -- I have this input from Greg Thomas, Barbara Peterson, and all these other attorneys that I talked to. Things are just getting worse and worse and worse and now the board and Jonathan have -- I can't imagine there was any isunderstanding about what I said and where I stood on this issue. They lied to the other members of the firm and told them that I'm okay with this. So yeah, at that oment I think I probably knew that I was going to have to leave. Q. What did you do? A. Well, I kind of check ed out a little bit. I -- I decided that I wanted to kind of think about my departure. Barbara's counsel, which I took to heart, and Greg's too, was that if I resigned that I needed to do it pubically so I could disassociate myself from the foundation. You know, I feel like one of the greatest assets I have as a civil rights advocate is my credibility. I know a lot of people don't like me. I 158 I 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 can I was described in one newspaper article as the most hated man in Florida, which I don't mind, but I think that I have a reputation for being a straight- shooter and playing fair and -- Q. Being respected? A. Yeah. I mean that's the reason I get to sit at the table with the legislature. Q. And that's why lawyers often say I don't care if I'm loved, as long as I'm respected. A. Yeah, I -- I -- you know, once you loose your credibility doing what I do, it's over. So I -- I didn't want to make a rash decision. I -- I wanted to give some thought about how I was going to depart and I very much had the sense that there were other members of the -- there were members of the firm who would probably be leaving as well. And so I -- Q. You had heard from other members of the firm that they were leaving? A. They were very concerned, yeah. Q. Because of what was going on? A. Yeah, over the -- over these same exact issues. I mean everything we talked about today, yeah, same -- same exact issues, and chief among those would have been Denise's involvement with the firm. You know -- Q. And I take it from your descriptions that Ryan 159 1 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 hitmer was one of the people that told you he was leaving, that he was not -- A. He had actually announced his -- yeah, he publically announced his resignation. Giovanni Mesa has announced his resignation as well -- Q. And Marrett -- A. They hadn't at this point. Q. But -- but you knew that they were not tolerating this conduct? A. They were -- they were objecting to it, yeah, absolutely. Q. And Mr. Ring, did he ultimately become a member of the law firm? A. He did. Q. When did that occur? A. I'll come to that in just a moment. Q. Okay. A. So back to your question, what did I do, I said I checked out. What I mean by that is I decided that I was going to, you know, occupy my time doing advocacy stuff and, you know, just try to kind of -- you know, I guess the way some people play tennis or go boating or whatever to -- or dance to find some distraction from their work, I -- I went on the road and -- and was working with some civil rights activists and just kind 160 1 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 f, you know, not really -- trying to minimize my -- I as trying to minimize my communications with the -- ith the foundation and with the board. I was still rking for the board and still doing what I was being going to leave. And then they actually ended up making it real easy for me. I -- on -- just to kind of give you some ore things that happened after that, during this -- after the -- this telephone call on this June 16th and on the 19th, I get -- I was in Jacksonville on this day working with some civil rights activists. I got an e -mail from -- from Bill and Denise saying that they were resigning from the board of the foundation and that I was going to be appointed as a board member and I could become president of the foundation. Nobody had lked to me about this. Nobody had asked me if I nted to be on the board. Nobody asked me if I was lling to serve as president. I just got an e -mail saying that's the way it was going to be. And so I called Bill and for a moment I -- I had a little hope. I thought maybe, maybe they -- after me just kind of going silent for a few days and -- I mean I was working the whole time, but not really communicating with them, 161 1 2 3 9 5 6 7 6 9 10 11 12 13 19 15 16 17 1e 19 20 21 22 23 29 25 ybe they kind of got the message I was not happy. And thought, okay, well maybe they're going to finally let do things the way they needed to be done. And so I lled Bill and that's when Bill told me that -- I asked im, you know, do I have a say in this as far as ecoming president of the foundation, and he just kind f like no, not really, and then he explained to me why hey had resigned. And why they resigned was because enise was going to go to work full time for the firm. Q. The law firm? A. Yeah. And Bill was going to become a partner the law firm. And that was just one more nail in the ffin, just like you guys just don't get it. I mean member, I had objected to us using this preexisting t- for - profit that Marty had created because Jonathan s on the board of it and because I thought that looked ible. And now they have the guy who's -- the esident of the foundation resigns to become a partner the law firm, a law firm that he told me I had to use clusively, and Denise DeMartini is resigning from the board to go to work for the firm, the same woman that I reported to and kept demanding that I produce more and more lawsuits for the firm and that I could not refer es to other firms. Then on the -- the same day, I got an e -mail 162 1 2 3 a 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 from Jill Mohler, the receptionist to the Commerce Group, with more public records requests that she was making on behalf of the foundation without my knowledge or consent -- Q. So you learned that when? A. Same day, on June 19th. Q. That Mohler was again making -- the receptionist is again making public records requests? A. Yes, and I -- Q. On behalf of the foundation -- A. Yeah. Q. -- without your knowledge? A. Yeah, I got -- I got two e -mails from her that day acknowledging that. Then on the 23rd of June, they actually file an amendment with the Florida Secretary of State naming me as -- as a board member and as president of the foundation, again without my knowledge or without y consent. Then on June 25th, Jill Mohler lets me know that again she's making -- and she's telling me about these public records requests after the fact. It's not like hey, I'm going to make this, is it okay. It's we made the request, oh, yeah, here it is. Q. And you tell her you have no authority to do -- A. Yeah. Yeah, you can't be doing this. And I 163 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 1e 19 20 21 22 23 29 25 don't blame her. She's just doing what she's told. She -- I want to be clear, Jill, she's a receptionist. She's just doing what she's told -- Q. By Marty? A. I assume by Marty. I mean I don't know who else would be telling her -- Q. Or Denise? A. Then -- then I get a phone call and I get a hone call on June 26th and it's just really unusual. I get a phone call from a guy named George Ellis who is the executive director of a State contractor called Miami's River of Life and they were being sued by the foundation in a lawsuit that I had signed off on. And the facts of the public records violation were very clear and I, to this day, will stand by the facts of the case. And it stands out in my mind because there's only been a handful of times in my career of doing this that -- that a defendant's actually contacted me directly, not their attorney, just the defendant. And George, it turns out, he and I are connected about 20 different ways. We -- he's an African American fellow and I'm very active in several African American communities, worked with black churches and the black civil rights groups, and it turns out we know a bunch of the same people. There's some African American 1 • M 1 2 3 9 5 6 7 8 9 to 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 nisters that I'm good friends with that he's also good iends with. And this just kind of came up in the urse of our conversation. And he said, look, I -- I ignored your public records request, I should have handled this differently and I'm sorry. And then he went on to say I -- you know, we don't have very much money, you know, as fast as we get a grant from the State, it gets spent, but, you know, I'm willing to try to resolve this with you. And on top of that, would you be willing to work with me to help me better understand what my responsibilities are and how I can do a better job of responding to public records requests in the re. nothing I'd rather hear from a defendant. I mean I don't know what else I can ask a defendant to do than to say I -- I blew it, I'm sorry, will you help me not do it again, and let's resolve this. What more can you ask? And he said I -- so I asked him, I said what are -- what are you -- you know, what's going on. Now, bear in mind I did not even know that they were -- that de were in settlement talks to these folks. I didn't 165 1 2 3 4 5 6 7 e 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 thorize any settlement discussions, didn't authorize any monetary demands, or any other settlement demands for that matter. And George told me that the O'Boyle Law Firm had demanded $4,300 and I expressed to George y shock at that number because I asked him, I said has there been any hearings, no. I said did you guys file an answer to your -- to the complaint, no. He said the only thing that's happened up to this point is they filed a verified complaint, is that right, yeah, that's it, that's all that's done -- Q. You had signed the verified complaint? A. I believe it was a verified complaint. And he said that they -- that he had authorized his attorney to offer to the O'Boyle Law firm a settlement of $500, which the O'Boyle Law Firm rejected. And I didn't tell him -- I said look -- I told George, I said look, you know, I -- I can understand them -- number one, their -- they're not authorized to accept or reject anything because I -- I haven't agreed to it, but I understand that $500 a probably not reasonable because that would just cover their filing fees and service and summons and, you know, they -- I'm sure they do have, you know, actual hourly's in it. He said, well, after they jected our $500 offer, I -- I offered $1,500. I'm ing to have to borrow the money. I'm going to have to 166 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 scrape it up. I mean somebody is not going to get paid this week, but we offered $1,500 and they rejected that and countered with a demand for 3,800. This was on a Thursday. So I told George, I said well, look, let e -- let me call the firm, let me find out, and Nick Taylor was the attorney of record, I said let me call and talk to Nick and find out what's going on and if I can help you, I will. So the next day, on Friday, I called Nick and I asked Nick about this and he said yeah, we're engaged in settlement negotiations. We demanded $9,300. They countered with 500. We rejected that. They countered with 1,500 and we've now demanded $3,800. So then my question was well, what are your actual fees and expenses? And Nick told me that the fees and expenses were $1,200, at $250 an hour plus the filing fees, process service, and summons, $1,200. So my question was why in the hell are you demanding 3,800, well, because that's what Jonathan told me to do, well, I don't agree with this. And I was very adamant with him about this and told him, I said, in a few minutes I'm going to send you an e -mail memorializing our telephone conversation and I want you to acknowledge receipt of my e -mail and I want you to confirm the contents of my e -mail. 167 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So this is what I wrote to Nick, this is iday, June 27th, 2014 at 11:05 a.m., "Nick, I'm iting this e -mail to memorialize our telephone sation this morning. As we discussed, I was ntacted by the defendant in the case referenced above. expressed his regret in his failure to properly spond to CAFI's public records request and asked for our help in better understanding his obligations under the Public Records Act. He also explained the dire financial condition of his organization and said that he d instructed his attorney to offer to settle this matter for $1,500. In our conversation this morning, I understood from you that the O'Boyle Law Firm has about $1,200 in costs and fees in the case up to this point. I also understood that you have been instructed by Jonathan O'Boyle to demand $3,800 to settle the case. If such a demand is accepted by the defendant, that would create a windfall of about $2,600 beyond actual fees and expenses. During our telephone conversation, I expressed in unequivocal terms my objection to such an arrangement. Until I received a telephone call from the defendant yesterday, I was unaware that any settlement discussions were taking place with the defendant. I did not authorize any discussions, nor did I approve in any way the demand for payments of any kind, much less the HMO 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 mand for payments far beyond the actual fees and penses billed by the O'Boyle Law Firm. In sum, I derstand that you were directed to make the aforementioned settlement demands by Jonathan O'Boyle and I have not and do not approve of such demands. Please confirm your receipt and understanding of this e- mail." And at 11:19, Nick Taylor responded by saying "This e -mail is to confirm our conversation today and to reiterate that all offers for settlement are made rsuant to the policies of the O'Boyle Law Firm." That s on Friday and at 11:19 and about 11:00 on Monday I signed. Q. And then how did you resign? A. I -- the foundation -- originally they were ing to buy a new car, but that never happened. We -- decided it was cheaper, because of the miles I was iving, to rent cars. So I turned in my rental car on nday in Lakeland and I packed up what few things I had at belonged to the foundation, a couple of harddrives d a scanner and a couple of thumb drives and a few Sunshine manuals and drove my 19- year -old Volvo down to Deerfield Beach and walked in and walked into Bill ng's office and I said here are all the things that I ve that belong to the foundation and here's my letter 169 1 2 3 9 5 6 7 e 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 of resignation and inside is the foundation credit card, thank you, and I left. It took about 30 seconds. And Bill didn't act surprised. And frank -- frankly I kind of figured that he knew it was coming after everything that had happened. And in fact, I -- I kind of half expected that I was going to get fired before I got there. I had hoped to meet with Marty because I wanted to thank him for, you know, the opportunity and I'm sorry things didn't work out, no hard feelings, and I just can't be a part of this, but he wasn't there. So after I exited Bill's office, I stepped across the hall to Brenda Russell's, Marty's secretary and also a member of the board, and asked her to have Marty call me. And then I walked over to the law firm and announced to the lawyers that I had resigned and then I left. Q. What happened next? A. Before I got out of the parking lot, Marty tried calling me. I didn't take his call. I was -- I wasn't angry. I just frankly didn't feel like talking to him at the moment. So I waited until, I don't know, I was driving back and called Marty and then Marty got Denise and Bill on the phone, so it was the four of us, and they expressed their surprise and shock and didn't 170 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 know it was coming and, you know, I tried to disabuse them of that notion and said I, you know, warned you in writing that I was going to quit and I -- I warned you guys on May 19th that I was going to quit. I actually had a telephone call -- call with Jonathan back in June, earlier in the month, I think it was June, and the reason I remember this is because I was on my way to meet with one of my attorneys in Sarasota to talk to him about this whole ethical dilemmas and what he thought I should do, and just before I -- I ended up being late to that meeting because I had this phone call with Jonathan. And I, you know, sort of in sum, all of the things we talked about today, the -- all this nonsense going on and I told Jonathan at least six times I'm ing to fucking quit if you don't stop this, I'm going fucking quit if you don't stop this, you know, Denise ing involved. And Jonathan was like, you know, yeah, ah, we'll fix this, we'll take care of it, so again I s really annoyed that they were now claiming that they dn't know that I was going to quit. But it -- the tone of the conversation wasn't particularly adversarial. It was just sort of, you know, we -- we re surprised and we can't believe you are really upset out all of this stuff. And Bill kept going back to is whole, you know, we have this ethics letter that 171 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ays that you -- it's okay for us to do this and I don't ee why you care and, you know -- and I was like, you now, I'm -- I'm not -- well, I'm not debating this with ou. I mean I -- I think they kind of thought maybe hat I was bluffing about quitting or that somehow I was Ding to get talked off the ledge or I was just, you iow, throwing a fit or whatever. And I was like, it's aer. I mean there's -- there is no going back. I mean iere's no amount of money, no -- nothing you could tell now would make me come back. And I said to Marty -- told him, I said the reason I asked you to call me -- reason I asked Brenda to have you call me is I just (wanted to thank you for the opportunity and, you know, no hard feelings and you guys go your way, I'll go mine, and, you know, I'm willing to just now move on with my life. I'm going to go back and do what I was doing fore. And then Marty demanded that -- he said what e you thinking when you wrote that e -mail to -- to k. I said well, I think you know exactly what I was nking. He said well, you need to retract that ail. And I was like, no, well why not, because it's truth. And then Marty proceeded at least five 172 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 t the Locks on Highway 60, Lake Kissimmee, and I pulled ver there to look at the water while I was having this npleasant conversation. And Marty proceeded at least ive times to say that he was going to make my life very npleasant, that your refusal to withdrawal this e -mail going to force us to respond and our response will be leasant and it will bring great unpleasantness in your life. He used that word, unpleasant or unpleasantness, at least five times. And of course as soon as I heard him say it the first time, I perceived that very much as a threat and I said well, you know, what do you mean by that, what do you intend to do, oh, well, you'll see. And I told him I felt that he was being threatening and my response was, you know, bring it on, do what you want to do. And he said I don't think you understand how -- how unpleasant this is going to be and I remember saying to him, Marty, I'm the guy that shows up at offices unannounced and uninvited to demand to look at public records knowing there's a good chance that somebody is going to call the police and threaten to have me arrested. I live in a world of pleasant. I don't -- you know, I don't care -- threatening unpleasantness, okay, all right, great, I -- I deal with that every single day. I was really puzzled. It surprised me that he decided to -- to take 173 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I was surprised that he didn't know me Q. And so what happened after those conversations? A. That's the last time I've -- I think that's the last time I talked to Marty. I believe it was the last time we spoke on the phone. We have traded e -mails since then, a few. I have gotten a bunch of e -mails and phone calls, which I have not taken, from Bill Ring and Denise DeMartini, from their IT guy at Commerce Group. I gave them all the data that belonged to the foundation. I put them on harddrives. They were encrypted harddrives. I gave them a password and they were having trouble accessing them because they were formatted for Mac and they used PC's. They have been pretty animated in their demands that I come down there and meet with them and they want me to help them identify all these un -filed lawsuits that they're convinced are on these hard - drives, and there probably are. There probably would be, I'm essing -- you know, if somebody were to go through ose hard - drives, I could probably identify 200 wsuits that are -- that are worthy of being filed, but am not about to help them do that. Q. So that's what they want -- they want you to do 174 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Yeah, they want -- yeah, I found this really remarkable and -- and, you know, I -- I am convinced that I made the right choice to leave and I believe that I did it the right way. The next -- in fact that night when I got home, I actually sent out a press release to more or less the same people that I had sent the first release out to in January announcing that I went to work for the foundation, to make it clear that I had left Q. Okay. Now, on that topic, I did not know who you were and I received a copy of that press release. A. Yep. Q. How many people got that press release? A. About 100. Q. Okay. And was that done to make it clear you were disassociating yourself from anything to do with the foundation or the O'Boyle's? A. Yes. Q. Okay. Because it was clear from that press release that that was the case? A. Yes. Q. Which is -- I guess that was your intent? A. Yes, and the next day I gave a -- you know, one of the reporters, a guy that called me, and I actually gave a very blunt interview -- 175 1 1 2 3 a 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 Q. What did you say? A. A lot of what I've said here today. He didn't publish a lot of that -- Q. Who was the interview with? A. It was with the Lakeland Ledger. Rick Russo is the attorney -- I mean, not the attorney, the reporter, somebody that I -- he's their investigative reporter I know very well. Q. And in these contacts from either Marty or his associates -- A. Yeah. Q. -- after you left, the sole desire was to get you to help them identify more lawsuits -- A. Absolutely. There -- you know, it's -- it's very telling from my perspective. There has not been a single query about anything other than ac -- getting access, which by the way, they have access to the data and what I delivered to them I explained in great detail in an e -mail. The -- I probably looked obsessive /compulsive to an IT guy when you look at the file structure. I mean it's -- it is neat and tidy and the file structure and the nomenclature of the -- the file name and -- I mean all that is just, you know, very, very simple, very straight- forward and anybody with half a brain could get in there and find it. So 176 1 1 2 3 9 5 6 7 8 9 to 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 it's not that I in any way gave them back -- I didn't do anything deliberately to try and make it difficult to access the data. In fact the exact opposite, I made it Having said that, the only thing they have ressed an interest in is help us get the data so we file more lawsuits, which I find puzzling because I ught it was really clear from my letter of signation. I thought it was very clear from my lephone conversation with Bill, Denise, and Marty. d I thought it was very clear from my interview with the Lakeland Ledger that I wanted no part of helping them file more lawsuits. In fact I think that what they're doing is terrible. I think it hurts the cause that I have fought for for a long time and sac -- sacrificed a lot for personally. It's terrible and it's very telling to me that I made the right choice by virtue of the fact that all they had asked about are the wsuits. They haven't asked a single time about are ere any civil rights events that are coming up that we ed to be prepared for, are there any seminars that we ed to be prepared for, is there anybody that's pecting to get copies of the Sunshine manual, are ere any meetings we need to plan to go to, are there y civil rights activists that we're supposed to be 177 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 helping. There's not a -- are there any, you know, citizens that -- that need our help, nothing to do with the stated purpose of the foundation, nothing to do with what I believed my job to be. It's only and all about we want more lawsuits to file. Q. Generating lawsuits? A. That's it. THE VIDEOGRAPHER: Counsel, I need to change the tape. You have about one minute left. Q. All right, let me just wrap up before he changes the tape. When you contacted me, how did you know who I was? When you sent me the -- the letter of resignation -- A. Your name had -- your name had come up many times at the O'Boyle Law Firm as being a hired gun for Gulf Stream. Q. And what did they say about me? A. I don't remember anything in particular, but -- Q. But my name was mentioned? A. Oh, yeah. Q. So you located me through the Bar -- A. Yeah. Q. -- Journal? A. Yeah. MR. SWEETAPPLE: Okay. Well, let me go ahead 178 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and change the type. THE VIDEOGRAPHER: We're off the video record at 3:25 p.m. (A short recess was taken.) THE VIDEOGRAPHER: We're on the video record at 3:28 p.m. Q. Have -- have you gotten any contacts from anyone relating anything Mr. O'Boyle has said since -- A. Yeah, I've been told repeatedly by various people that -- that we've kissed and made up and I'm coming back and that I was just -- you know, I needed to take a few weeks off to kind of collect my thoughts and, you know, that I'm just -- was throwing a fit. And I understand that Jonathan's told people it was just a power struggle. Q. That you'll be back? A. That I'll be back, I'm -- I'm coming back, there's no way I'm walking away from that much money. Q. What's your reaction to those statements? A. You know, when I started doing this, I don't know, about 2008 is the first public records lawsuit I filed -- before I started doing this, I -- I think the last high -water mark economically for me was, I don't know, about $240,000 gross in a year, and that would have been I guess about 2007. In 2012, my total income 179 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 from all sources was $4,963. That's for a family of four. I lost count of the number of yard sales that I've had. I mean, you know, the first yard sale you get rid of the stuff you haven't used in five years and the second one you -- you know, stuff you haven't used in the last couple years. By the time you get to the tenth one, you're deciding what furniture you really need to sit on. I have lost count of the number of times my electricity has been turned off. I -- you know, the first thing I did when I started running out of money was I used up the cash that I had. Then I cashed in my children's college funds. That will show where my priorities are. Then I sold my boats, including my power boat and my sailboat. And then I sold my Van Staal fishing gear. And then I sold my collection of Taylor guitars. My point is, I don't care about the money. I -- I went broke doing this. Q. So there's no way you're going back to this enterprise? A. Yeah, the -- look, the -- the -- here's the thing, it was nice getting $120,000 a year. That was really nice. I liked that. That -- that was -- it was great because my wife and my kids -- you know, my wife wasn't worried about buying groceries for the first time in, you know, seven or eight years. You know, I was 1 2 3 9 5 6 7 e 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 able to send my -- my kids, you know, got to go to camp this summer. They haven't been able to do that in a while. But I don't care about the money. I cared about the resources to do more advocacy, but I was doing advocacy before I got hooked up with Marty and I've -- I can I quit on June 30th and on July 1st I was right back to doing advocacy so -- now, there's no chance, there's no possibility that I'm ever going to go back. In fact, in response to one of Marty's numerous e -mails asking me for help, you know, getting access to these records, I close -- I won't read you the whole e -mail, but I close the e -mail -- this is addressed to Marty and this is on July 7th, "I bent over backwards to make this as easy as possible for the foundation to access data. have delivered in good repair in a well- organized shion what belongs to the foundation. As I stated in my letter of resignation, I have severed "all ", italicized, bold, underlined, "all" connections with the foundation. Because my time and attention must be directed preparing for the unpleasantness you promised, I am unable to lend further assistance." And his response -- and if the deal wasn't already sealed, then it was, this really did it, "Joel, the unpleasantness I mised, I don't understand." I -- I found that rmously insulting. I mean if you're going to be 181 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 t, you know, whatever. Look, it's clear that they're going to keep doing what they're doing. The fact that they want all these un -filed lawsuits makes it clear to me they don't -- they're going to keep doing this. And I really believe that what they are doing is going to hurt the public's right of access because this is going to become the poster child of what the Florida League of Cities talks about when they discuss abuse of litigation. And I think what they're doing to Gulf Stream -- and I don't -- just so we're clear, I don't have an adversarial attitude towards Gulf Stream. I would love to help them. I would love to help them sort out their public records issues. I think -- Q. Did you ever offer to Mr. O'Boyle to help -- A. I did, I actually -- I actually proposed to Marty -- I said, you know, instead of filing another lawsuit against Gulf Stream, how about if I just call Bill Thrasher and, you know, offer to go over there and have a meeting, just to two of us, and, you know, maybe talk to him about working with him to, you know, come up with some way to fix this. And he was very dismissive, it will be a waste of your time, don't -- don't even 182 1 2 3 9 5 6 7 e 9 10 11 12 13 19 15 16 17 16 19 20 21 22 23 29 25 bother and I'm -- you know, I've only -- I've met Bill Thrasher a couple of times. He seems like a nice guy. He seems, you know, reasonable. Q. He just wanted to continue this pattern of conduct? A. Yeah, I think so, you know. Q. Were you familiar with -- did you become familiar with Mr. O'Boyle's background while you were working at the foundation in terms of his activities in New Jersey, Tennessee, with the State Attorney in -- in Palm Beach County? A. I knew a little bit about -- I knew sort of the high points of the -- of his disagreements with Dave Amber, the State Attorney. I knew that he had staged some protest where he -- I understood he had hired actors to basically stage a phony protest and that he was either flying a blimp or banner planes or something around downtown West Palm Beach. I understood it was a limp and I don't know if that was the case. I know he has a blimp. They actually offered to donate it to the foundation. Yeah, I've seen videos of these banner planes that he's flown in New Jersey and -- Q. He's shown you videos of -- A. Oh, I've seen the videos, yeah. He described it as -- he said -- the way he put it was it looked like 163 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 Pearl Harbor. There was so many planes coming in. He hired a whole bunch of planes. It wasn't just one. It was -- it was -- the number that sticks in my head was like 40 planes or something. It was a lot of planes. I can I -- I remember when he described it, wondering how they didn't all run into each other. You know, when I hear stuff like that -- I knew about him painting his house, which frankly I thought was, you know, actually funny. Because at the time -- I don't even remember all the facts now. At the time I thought, well, you know, I think maybe -- maybe the guy's got a legitimate beef with Gulf Stream. You know, I -- as far as the -- the nonsense like in Tennessee, I did not know about that until very recently. In fact, I didn't -- I think the first time I read about it was after I left the foundation. I didn't know -- Q. Where did you read about that? A. I went online and found an article about it that had been -- I think it was 1.6 million dollars in legal fees and 1.2 million in sanctions. Q. Did you ever see any of the motions I filed in any cases involving the O'Boyle Law Firm or for sanctions? A. No. Q. Okay -- 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 A. Well, no -- Q. So you never seen those? A. No, your name came -- you asked me earlier about your name coming up. The -- the time where your name was mentioned where I was most involved in the conversation about you was in connection with a public records request where there had been some redactions on billing statements and on a check. And there was -- Q. That's what the -- that was with the law firm or with Mr. O'Boyle? A. Well, it was actually -- again, I can remember where I was when I had the conversation. There was a very nice little park that you should enjoy on your drive back on the south side of I -- of 60 after you get past Lake Wales. I pulled over there so I could -- because I had good reception. It was Jonathan, Marty, and me. I think it was just the three of us. Q. This was a case I'm involved in now probably? A. Well, they wanted to file -- the issue was do we file a petition for Writ of Mandamus and Q. Yeah, let's -- that's getting into -- let's not get into legal -- A. Okay. Q. -- discussions about that case. So you heard ny name through Marty? 185 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Yes. Q. And that's why you sent me the -- the press release? A. Yes. Q. Okay -- A. And partly because, you know, a -- because of arty's apparent obsession with Gulf Stream, a lot of the issues that we've talked about today, all these public records requests that Jill Mohler was making, cases getting filed without my knowledge, had to do with Gulf Stream and I knew that you represented Gulf Stream, at least in some matters, so I wanted to reach out to you and let you know that I was no longer associated with the foundation. Q. Let me just look through my notes and see if I have anything else. Why don't we take a five - minute break -- A. Sure -- Q. -- so you don't have to sit while I look through my notes. A. Sure. Q. Thanks. THE VIDEOGRAPHER: We're off the video record at 3:38 p.m. (A short recess was taken.) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE VIDEOGRAPHER: We're on the video record at 3:46 p.m. Q. Okay. Mr. Chandler, I asked you to look online to see if you're -- if you're listed as being affiliated with the Citizens Awareness Foundation. A. Yes. Q. And are you listed? A. Yeah, hold on a second, let me pull it up again. Yeah, on Sunbiz.org, I'm still listed as being a board member, which I did not agree to do, to serve as a board member. I'm also listed as president of the foundation, which I've never agreed to. Q. How long have you been listed in that capacity? Is that what they listed you -- A. Yeah -- Q. -- as executive director? A. Yeah, this was filed on June 23rd, so seven days before I resigned. Q. Okay. And they did not take it off after you resigned? A. No, it's still there. Q. And then when did Bill Ring show that he retired from the board? A. It was the same filing. Q. And what about Denise, when did she resign? 187 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Same, it was the same filing date. Q. And then the new members of the board allegedly are Peter DeLeo? A. Yeah, Peter DeLeo and Cathleen Laca. Q. L- a -c -a? A. Yeah. Now this -- now this says -- yeah, it was filed by the -- by the Citizens Awareness Foundation on June 23rd, 2014. Q. By whom? Who signed it? A. By Brenda Russell. Q. Okay. And is she affiliated with the foundation? On that date was she affiliated? A. She was the secretary, but she's not listed on the -- the -- she's still listed on Sun Biz as -- as a member of the board, but on the amendment she's not. She's just -- she's -- it says that she's secretary, but her name is no longer on the -- on the add, change, or Q. Okay. So -- A. She's the only -- I think she's still there -- point, I think she's still the secretary of the undation. Q. Okay. And Cath -- Cathleen Laca, is she a rty O'Boyle -- A. Yeah, she's -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. -- employee? A. -- an employee of Marty O'Boyle and Peter DeLeo is not an employee, but has been a long -time business associate. Q. Okay. And I have your permission to use this statement for any -- any purpose, any proceedings -- A. It's the truth. Knock yourself out. Q. All right. And is there anything that you want to correct in your statement? Do you want -- is there anything that you want to clarify? I know we've been here for some time. Anything you want to add? A. No, I think that pretty much covers it. I guess if -- you know, at some point I think my motivation for being willing to reach out to what I affectionately refer to as the dark side, the other side of the public records community -- you know, I -- I will stand by the facts of every case that I signed off on. Having said that, you know, my ambition is not to milk defendants out of money. And my ambition is not to beat defendants. I -- I hope that I -- I'm sure I'm not consistent in this, but I would -- my ambition is to approach this civil rights issue, and for me this is very much a civil rights issue, with the same graciousness that Martin Luther King did. And what I mean by that is, you know, he repeatedly made the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 observation that this is -- when he was talking about the civil rights movement in the 1950's and 60's, this is not -- this a not about beating our adversaries. This is about reconciliation. This is about getting on the same side. I think I'm on the right side. My goal is not to beat up people. My goal is not to win. My goal is to make sure that the public has virtually unfettered access to public records without needing -- and if litigation is a part of that, that's fine. If having conversations is a part of that, that's fine. If stopping the Citizens Awareness Foundation and the O'Boyle Law Firm is part of that, fine. And I feel very much like that's the case. I think that what they're doing is counter - productive. I think that it's -- it persmirches those of us who are involved in legitimate, sincere advocacy and I think that what they're going to do -- if they -- if they continue to do what they're doing unchecked, I think it will severely injure the public's right to access, so that's the reason I'm doing S. SPEAKERI: All right. All right, thank you very much. THE WITNESS: Yes, sir. THE VIDEOGRAPHER: We're off the video record at 3:51 p.m. 1•M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Statement concluded at 3:56 p.m.) STIPULATIONS IT WAS STIPULATED by counsel for the respective party, with the consent of the witness, that reading and signing of the foregoing statement by the witness be waived. THEREUPON, the statement of JOEL CHANDLER, taken the instance of the Town of Gulf Stream, was cluded at 3:56 p.m. NOTE: The original and one copy of the foregoing statement will be held by Mr. Sweetapple. 191 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATE OF REPORTER OATH OF FLORIDA OF OSCEOLA I, the undersigned authority, hereby certify that Ind he witness named herein personally appeared before me was duly sworn on the 23rd day of July, 2014. WITNESS my hand and official seal this 4th day of ugust, 2014. JULIE KELLEY, FPR f ✓�� NOTARY PUBLIC - STATE OF FLORIDA MY COMMISSION NO. EE874232 EXPIRES: MARCH 23, 2017 SCLAFANI WILLIAMS COURT REPORTERS, INC. 192 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 REPORTER'S CERTIFICATE OF FLORIDA OF OSCEOLA I, Julie Kelley, Florida Professional Reporter and Notary Public in and for the State of Florida at large, hereby certify that the witness appeared before e for the taking of the foregoing deposition, and that I was authorized to and did stenographically and electronically report the deposition, and that the transcript is a true and complete record of my stenographic notes and recordings thereof. I FURTHER CERTIFY that I am neither an attorney, nor counsel for the parties to this cause, nor a relative or employee of any attorney or party connected with this litigation, nor am I financially interested in the outcome of this action. DATED THIS 4th day of August, 2014, at Kissimmee, Osceola County, Florida. JULIE KELLEY, FLORIDA PROFESSIONAL REPORTER SCLAFANI WILLIAMS COURT REPORTERS, INC. 193 Kelly Avery From: Postmaster Sent: Tuesday, July 14, 2015 11:20 AM To: Local Recipient Subject: Defendant's Motion for Sanctions.pdf Linked Attachment Download The following attachment was removed from the associated email message. You may download the attachment, if you are sure that it is safe to do so, by clicking the Click Here to Download link below. File Name Defendant's Motion for Sanctions.pdf File Size 11955245 Bytes Click Here to Download This attachment file has passed various security checks, but this does NOT guarantee that the file is safe. You should only download the attachment if you know and trust the sender. Attachment downloads are monitored and audited for security reasons. IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA MARTIN E. O'BOYLE, CASE NO.: 502014CA004474XXXXMB DIVISION: AG Plaintiff, V. TOWN OF GULF STREAM, Defendant. DEFENDANT'S MOTION FOR SANCTIONS AGAINST PLAINTIFF MARTIN E. O'BOYLE, COUNSEL OF RECORD, THE O'BOYLE LAW FIRM P.C., JONATHAN O'AND 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: I. On May 30, 2014, Defendant, through its counsel, Sweetapple, Broeker & Varkas, P.L., and Jones, Foster, Johnson & Stubbs, P.A., tiled 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 SWEETAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 30 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. 30.0 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. 3fl° 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 111". 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 ROTTEN APPLES RIGHT JF" 06/24/14 @10:38 am Banner Plane "SWEET APPLES ARE BEST BOILED IN OTL" 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 "T', 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 113 ") 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 LAW OFFICES OF SWEErAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 3RD STREET, BOLA RATON, FLORIDA 33432.381 I 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, BocA RATON, 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 "4 ". 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), N.J.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 "511). 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 I ). LAw OFFicEs OF SwEETAPPLE, BROaER @ VARXAs, 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) 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 law jurisprudence 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' STREET, BOCA FUTON, FLORIDA 33432 -3911 Martin E. O'Boyle v. Town of GuMtream CASE NO.502014CA004474XXXXMH? BEACH 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 (Fla. 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 litigatioh 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. 3rd Street Boca Raton, Florida 33432 Telephone: (561) 392 -1230 E -Mail :pleadings @sweetapplelaw.com By: �'-/ /lam ---- - - ---_ ROBERTA. SWEETAPPLE Florida Bar No. 0296988 LAW OFFICES OF SwEETAPPLE, BROEKER & VAAKAS, P.L. 20 S.E. 3AO STREET, 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 3`d 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 @oboylelawfirm.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 @oboylelawftrm.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; jandolph@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 SWEETAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 3 " STREET, BOLA BATON, FLORIDA 33432 -3911 JOI- 1ESFOS ER. fOhW S I ON & S I UMIS. RA. June 4, 2014 VIA EMAIL (wrinaCa?commerce- oroup.com) AND REGULAR U.S. MAIL William F. Ring, Jr., Esquire 1280 West Newport Center Drive Deerfield Beach, FL 33442 RE. Meeting of June 4, 2014 Dear Mr. Ring: John C. Randolph Attorney 561.650 -0458 Fax: 561- 650 -5300 jrandolph @jonesfoster corn 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 John C. Randot h JCR:mtm p:ldomM f 47100051111x11117155 dace Shure 1924 1 West Patin Ucach 1 Jupiter :EXHIBIT I lacl.rt nvtr Ihorr i0i Snulh I I'+ola I lrit'c SMIL IIIII) %V ,l Palm 11' ,ch I'With 4: i01 tr ww.1 an"rnst,:r.e a nt Detail by Entity Name Detail by Entity Name Florida Limited Liability CompanV 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 Page 1 of 2 a �} 3 CC http: // search. sunbiz. org / Inquiry/ CorporationSearch /SearchResultDetail /EntityName /flat -I1... 6/11/2014 Excerpt from the meeting of the Town Commission held on 6 -13 -14 listed on Agenda as Item VII. Cammmications A.2, from Residents (5 minutes maxim=) 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,His 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-- thaMayor 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 thats 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. Sweetiapple. He had a case in the 1st Diet. 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 Morgan: 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 ISSN, 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. FN I. 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 1 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. E IT 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), NVS.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 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 16 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 plaintiffs 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 Aid, 2014 WL 340104 (NJ.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 Longport's 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 Ain., 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 Inc. 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), cert. denied, — 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. TurfLawnmower 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., Ina, 379 N.J.Super. 63, 80 (App.Div.2005). A statement is not defamatory unless it is false. W.J.A, v. 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.CL 2695, 2706, 111 L. Ed2d 1, 18 (1990), a case involving an expression of the writer's opinion that a coach committed perjury. 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.)) 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. Litiell, 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), ajf'd in part, rev 'd in part an 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 NJ.Super. 420,431 (App.Div.). afpd 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. ® 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..I.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 I 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 Arenberg refused to take a position concerning the 2011 misdemeanor driving- under - the - influence conviction o 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 c 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 Arenberg 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 turned over, the newspaper explain. "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.abaj oumal.com/ news / article / millionaire _deluged_state_attomeys_wi th_ l3 28 Follow us on Thursday, July 3.2014 112:23 p.m. Subscribe I Todays paper I Customer care Sign M I Register r` f Ir r��l I r_fI IJ`�,Ir- I I Breaking news starts here Search Pcshco 1013 a.m, Sunday, July 22, 2012 Dave Aronberg, millionaire ally behind stealth attacks in state attorney's race SYItt' !f YRu iklk[ kg;rY Hr,Ut1fFF I Related By Joel Engelhardt and Adam Playford Palm Beach Post Stag Writers Yi EXHIBIT A Waving handmade signs and grasping yellow balloons, a small group marched last fall outside Stale Attorney Michael McAallfie's office, angrilymlling for him to resign. MWdige had lust negotiated a plea deal that meant Paul Michael Whigs. who killed four relatives an Thanksgiving Day2009, would escape the death penalty. But most of the protesters weren't there out of outrage. Theywere them because theywere getting paid. Theywere golfing paid because the man who wanted McAuliffe's Job, Dare Aronberg, wanted a protest, but didn't want his name linked to it. Since he could not deliver enough protesters himself, he asked a newfound ally, Gulf Stream millionaire Marty O'Boyle, to help. An O'Boyle assislantlined up a parry planner. And thers haw a protest trumpeted an the nightly news as an outpouring of comm unity anger actually staffed a half-down aclars more accustomed to playing pdnmsses, downs and dinosaurs. That was onlythe start. Over four months, Aronberg and O'Boyle learned up for a campaign ofatadrs against McAuliffe, cautiously s kirfing Florida laws designed to assure transparency in elections, according to InteMews and documents obtained byThe Palm Beach Post. Theyworked In strict secrecy. Aronberg — now the frontrunner far state attorney —had not yet declared himself a candidate, so he took help tam O'Boye without disclosing to the public what otherwise would have amounted to donations. For O'Boye, It was Just one actin his relentless Quest to wipe a DUI conviction off his daughters record. For Aronberg, Awas an opportunilylo take advantage of a millionaire's displeasure to undermine a rival. Theymoved assertively, running advertisements, payng protesters and digging up dirt . At stake: one of Palm Beach Countys most Important elected lobs. The state atomeyhas enormous discretion In deciding which criminal mass to pursue, Including political corruption. Aronberg, then a statewide prosecutor, guided O'Bo he's efforts, occaslonallyon taxpayer time. He smelled Instructions to O'Bo he's assistant tram his BlackSany during work hours, a potential violation of state rules. Once, he accepted a round-trip ride to Tallahassee on O'Boyle's privme plane. Throughout. Aronberg toyed with running. In one rare Instance, an small reveals Aronberg's Intent Justsix days before he announcad, he urged an O'Boyle employee to payfor Facebook ads, sayng.1 think theyneed to run before I become a candidate' Aronberg's collaboration with O'Boyle tapered off after Jan. 17, when McAuliffe— influenced in pad, he said, bythe nasty campaign swirling around him — announced he would not seek re-election. Aronberg declared his candidacy three days later and within six months had raised 3471,000, none of it fain O'Boye. But In enlisting O'Boye, Aronberg miscalculated. After months together, O'Boyle turned on him, misusing to The Post hundreds ofemalls — Including about 100 written by Aronberg— documenting thelrmntacts In the time before Aronberg announced. Ultimately, O'Boye would Wm on The Pastas well. After reporter told O'Boyle the newspaper was checking whether one of his exchanges with Aronberg could be viewed as an Maur) pled bribe, he Old the paper that he was "revisl Ong' the Information he had pmNded'to confirm Its wlidity' and that the paper was not authorized to use the Information or to attach his name O IL 6perts later told the paper that O'BOyte's actions likely did not meet the legal definition ofaftempled bribery. Aronberg, a Dom ouat, refused repeated requests for an InleMew O discuss his actions, addressing through his campaign manager only four of more than 80 questions asked in writing by The Post Sent hundreds of pages of his own em ails and asked O wrl them,Aronberg didn't respond. Ina one - paragraph statement, he blamed O'Boyle's revelations on one of his opponents: no- partycandidate Robert Gem hman, a criminal defense attomeywho represents O'Boyle's daughter. "This is a dishonest pollfical attack cooked up bymyopponent, W. Gershman —full ofmisrepresenlations and gross emilgeratons; Aronberg said.'As special prosecutor,I haw always acted according to the letterand spidtof the laws ofthe stale of Florida and the policies of the OMca of the AOomey Genami. I'm proud ofmyrecord ofprown ethical leadamhlp as an assistant attomey general, special prosecutor end stale Senator.* The never- before-Old story of what happened when Dow Aronberg met Marty O'Bayle, and whythey broke apart offers a rare window Into how power and money intersect to s hope politics — and lives —in Palm Beach County. 'Myv/ewln this Is, Take whatever shots you like at me because Int abl bo and l can handle them. But dont mess with my kids, my wile or my home. Don do It on cauself / come at you wer every resource l have. And mere ao' — NN >aevp N.wm NlmMw ftwas March 2011 and In downtown West Palm Beach, a spectacle filled the sky. Dayafter day, a plane circled the courthouse, trailing banners:'Seware thug prosecutors: 'Prosein lorlal perjury is tyranny.* 'Dump McAuliffe for prosecutor, vote for Elmer Fudd.' The planes were a remarkable reaction O a common event O 2008 In Delray Beach, a police officer Sawa woman driving 5 mph on a residential street at 323 a.m., with half her car on the grass. The 19- year -old Old him she had had two cocktalls and a beer. She failed a breath lest and was charged with misdemeanor DUL O Palm Beach County, prosecutors file an average of nine DUI cases swryday. But that woman was Marty O'Boyle's daughter, and WrIyO'Boyle is an unusual man. The son of a seamstress and a cabby, O'Boyle said he grew up Ina tiny rowhouse In Woodland, N.J. At 17, he said, he dropped out of high school. By 18, he was married and had areal estate license. By24, he had Our 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 Pears Vision chains. Now he is 60 and says his businesses —run from a 14pamon office In Deerfield Beach — Include shopping centers and stores in about 25 stabs, including Florida. in a tight over business Interests, O'Boyle rarely backs down. Ina fight for his family, rarely turns Into never. The traffic court case spawned a thick volume full of motions and counlennotions, with Gershman arguing the use was tainted by police mistakes and faulty breath-test equipment. It led to a three- dayjury trial. Sara O'Bge was found gulltyln March 2011. She was sentenced O 75 hours ofcommunllyserAce, a sl> month lose or her driwr license and a 8500 fine. After the Mal, MartyO'Soyle called the stale attorneys offica and asked O speak O McAuliffe about the case. O'Boyle said he Old the woman who answered the phone: "Iwanl O see If I could just spend a few moments with him and see if theta's anything that could be worked out.' O'Boyle wanted W_4uliffe to drop the DUI charge, own after she serwd the sentence, O dear her permanent record, he sold. j O'Boyle was Old that McAuliffe wasn't awilable. W–Auliffe Old The Post he didn't know of O'Boyla's request until after the banners began b Sy. The legal Issues in the case didn't rise O his level, MY/wllffe said. But the rejection angered O'Boyfa. "1 just said O myself,'ihe guywon't give me the coudesyof 15 minutes of his life?" O'Boyle recalled. "Wall, let me show him what kind of courtesies I can give him. O'Boyle had brawled with authortyberore. in 2006, a permitting dispute threatened his Longport NJ., wafedrenthome. O'Boyle struck back with lawsuits. Planes trailing banners —one called the mayors "popper —flew owrLongporl's beach Or months. 'Unfortunately when you're dealing with a body politic, theyhow a lot of resources," O'Scyle said. "Sometimes you haw O enter the area ofunconwntional warfare." Almost five years later In West Palm Beach, gowmment once again stood In O'Boyle'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 operaliw Made Horenburger, who sat on a chadtyboard with O'Boyle's wife, gave him a call. She asked: Would he like O most Dow Aronberg7 O'Boyle replied: "Who's Dew Aronberg7" 'Dave— do you want me to take you — plenty ofroom and no problem? Well getyou there by 6pm or". If Hill be easy and you will be fresh. Advise' —o losg .n ."a oN.n ., t. T.W,.ww N ose .,M.e. Hirt. Daw Aronberg, too, faced an obstacle in Mchael McAuliffe. In 2002, fuariberg entered politics as a 31- year -old rising star —a charismatic, Harvard - educated stale senator. But he left mid -term town for attorney general in 2010 and lost in the Democratic primary. He found work quickly. Pam Bondi, the Republican who ultimalelywon the atlomeygeneml's job, made a spot for him as a 592,000- a- yearspedal prosecuOrinwstigafing plll mills. But Aronberg was eyeing another elected job: McAuliffe's. Again, he faced a Democratic primary he might not win. True, McAuliffe had angered some Influential Democrats by prosecufing Oemocrallc County Commissioner Jeff Koons on corruption charges theythought were weak. Local atbmsys, both In the criminal defense bar and within his own office, chafed at his style and decisions. Monberg seemed a logical choice O oppose him: Popular with Democratic miens, he had long - standing political connections and could be a ravenous fundraiser. But manyprominent Democrats remained pledged to the incumbent. McAulifte. Some urged Aronberg not O run, hoping to amid a divisive primary. He was warned that'itwould be the end of mypolitiwl career; Monberg said In a May TV appearance. O'Boyle, though, had plenty of money —and, with the banners, had shown a willingness to spend it tormenting McAuliffe. Aronberg reached out to Gem hman, O'Boyle's daughter's attorney and now Amnberg's rival for state attorney. Back then, Gem hman had no plan to run, but it seemed to him that Aronberg did. 'His pitch was he wanted financial support for his run and he Mewed Many in that fashion; Gem hman said. Gem hman Mkt 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 Delray Beach hotspot. They started exchanging em ails. Aron berg peppered O'Boyle with links to stories about McAuliffe. O'Boyle gave Aronberg a cryptic heads -up to 'enjoy your lunch" at "Banner's Coffee Shop around the Court House.' Two days later, as promised, a plane flew the banner. "Smile if you think Mkey McAuliffe is a pub' Aronberg asked O'Boyle to take a trip with him to Tallahassee. On OcL 3, they drove to Fort Lauderdale, loaded Into O'Boyle's sing le- englne Cessna and flaw north. The nezl morning, they met with a political consultant. O'Boyle said that with Aronberg out of the room, consultant Screven Watson talked to him about paying $180,000 for four. page mailers targeting Palm Beach County Democrals.O'Boyle wasn't buying. Watson said he was sizing up O'Boyle at Amnberg's request Watson'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. They lunched, O'Boyle said, at Andrew's Capital Grill — home of the "Aronberg -er Spicy Veggie Burger; named during Amnberg's Senate days. Theyreviewed polling results with a police union lobbyist that showed Aronberg leading McAuliffe In a hypothetical malchup. They discussed whether Aronberg should declare his candidacy. Theyvisiled the state Commission on Ethics to pick up a complaint against McAuliffe. Aronbarg pressed the commission director to eiplain whythe complaint had been dropped, O'Boyle said. On the flight back, O'Boyle said, Aronberg confinuouslyralumed to a point he had made on the wayup.'Ies Justsowmmg whaltheydid to yourdaughter; O'Boyle recalled Aronberg saying.'I Just can't believe theywould do such a thing." Protesters assembled outside the Palm Beach County state eftomeyk office Thursdaymominp fn opposffion M a plea deal fhof sent Thanksgiving massacre killer Paul Michael Marhige to prison Ior11Ie. More than a dozen people stood outside state adomey Mchael MoAullNe k office holding signs...' — WPBF <xmndE W <rrpwl onNw.10 A few weeks later, a news story caught Aronberg's eye. M the end of October, McAuliffe agreed to a plea deal with Mertilge.In 2009, MMrhlge had killed four relatives — including 6- year -old Makayfa Sition —over Than Ike giMng dinner In Jupiter. The plea would put Merhlge away for life and bring clasure to one of Palm Beach County's most horrific crimes. But Jim Billion, Mekayla's father, detested th a 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 of his ass Istants to work with Aronberg. Trained as a paralegal, the assistant, Denise DeMortinl, was one of O'Boyle's bes L "She'll m ove a mountain with one hand; O'Boyle said. Aonberg asked DeMarfinl to organize a protest of the deal outside the state attorneys office. DeMer6nl began moving mountains. She and O'Boyle consulted lawyers to find outwhere pmtesters could stand. She directed another O'Boyle employee to make filers and to orderbright yellow balloons Imprinted with "DUMP MCAULIFFE.' Theydrew up signs. Aronberg proposed several slogans, DeMartinl wrote In an email, including: "McAuliffe coddles killers; "Resign, McAuliffe, Resign; "Oemocrals Against McAuliffe" and — more strikingly — "Justice for Makayla' The protect was almost ready. Onlyone thing was missing: protesters. Initially, Aronberg told DeMOrMi he would find them. But he came up empty. "He was of the mind.'We gotta get It done, we gotta do It. You guys gat contacts —you guys can gel it done; "O'Boyle recalled. Dahbrfinl got It done. She called Kids Felrlyand, a CoconutCreek companythatthrows children's parties. Acontractcalled for'10 people to participate in Rally Protest.'The cost $1A00 forfour hours. Afnv protesters left early, so O'Boyle got a $500 discount. On Nov. 10, a videographerhired byO'Boyle captured the scene. More than a dozen protesters walked in a loop In honlcf the state anomeys office.Almostall were either O'Boyle employees or paid actors. O'Boyle himselfwore a cap thatsaid Drexel —his daughter's school —and a sandwich board: "McAuliffe Accept This Plea Resign: Almost Immediately, Arenberg asked for a second protest —this time outside M cAuliffe's campaign kickoff partyat E.R. Bradleys Saloon on the Flagler Drive waterfront. The flmt one was so much work and money, O'Boyle wasn't eager to do It again. But Aronberg pushed, O'Boyle said. On Nov. 18 it happened, with six actors for $600. As theyprepared, O'Boyle smailed a workerwho had put Arcnberg'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 fell. He drove bythe first protest several times, sending gleeful leA messages to O'Boyle and DeMarfinl, they said. And his hand was evident. Theyused several orhis slogans, Including "Democrats Against McAullge" and "Resign. McAuliffe, Resign." OBoyle:'Dave —being the smafeurthat l am, I do nctsee a malehal difference In the ads. So I can nolglve you Intelllgentinput' Aronberg.•'Fairenough.... III send u the one 1 prererfn a separate email.... Happy Thanksgivingl'  Nor. Ucowl nnlLYCWW /1gtq wt.. F th.J h.m Even as they prepared the protests, Arenberg wanted O'Boyle to pay for a more traditional attack. One theme Arenberg thought would resonate: conviction rates. State statistics showed McAuliffe's office had the lowest rates In Florida, After McAuliffe resigned, those rates would be deemed statistical aberrations by his replacement, Peter Antonacci. Months earlier, however, the Issue looked like campaign gold. Arenberg asked O'Boyle and DeMorthl to place an ad in the Jewish Journal. The weekly newspaper targets a crucial Palm Beach Countywting bloc  and one that's personal to both Arenberg and McAuliffe, who are Jewish. Arenberg provided the ad and emalled DeMarbni contact Information for a Jewish Journal ad executive. It ran Dec. 14 and cost O'Boyle $3,400. In bold ledars, it proclaimed: "Micheal McAuliffe Is Florida's Lowest Ranked State Attomey.' An Imposing chartcompared Palm Beach Count's conviction rates with top - ranked Pinellas Countyand the much higher state average. Across the bottom, It said, "We need a new state atlomey!" Below even that was a tinyline of IeM:'Peid for by Families for Justice 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 cholco,'Democrets Against McAuliffe' One ofArenberg's friends gave the employee a script to read in case reporters called to ask whyshe had founded the group:-AS a mother ofa child In Palm Beach County, I was so disturbed bythe state attorneys recent actions that I started this group to inform the community-that Mchael McAuliffe has put all of our safety at 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 vale for or against McAuliffe. If it had, Families for Justice would have been forced to register as a political organization. Inside Mcluliffe's camp, the attacks were Infuriating. 'Michael was like,' We need to respond to this; " said McA uliffe's campaign manager, Rick As nanl.'I was like,'Respond to who? We don't haw a target to shoot al!" Internally, theysuspected Arenberg. Polls had surfaced, showing Arenberg as a viable candidate, Donors told Asnani Nat Arenberg had contacted them, urging them not to commitlo McAuliffe. 'Deere was an anti- McAuliffe campaign being run behind the scenes where the onlyone who would benefit from ltwas Arenberg; Asnani sald.'He was hiding in the shadows' 'Ifs so good, it should be spread overFecabookl: )'  Aeneas i o an osey.. W n.m, vn. / r As 2012 began, Arenberg was getting closer to declaring his candidacy. He began preparing anew attack. Almost aye ar before, one of Aron berg's friends, Malis sa McKinley, had filed an ethics complaint against McAuliffe. McKinlay, an aide to Palm Beach Counys leg Isla Uve delegation, accused McAuliffe of following her out of a meeting and threatening her in the parking lot. 'He then told me I had better be careful about who I spent time with; she wrote. He had seen her talking to Mks Edmondson, atom or McAuliffe aide who tell after a (alling-out. The Florida Commission on Ethics found no cause for the complalnL But MYKinlay told Arenberg about it and in September he asked her for a copy. Shed idn't have one, so Arenberg and O'Boyle picked up the file during [heir October alp to Tallahassee. Later that month, McKinley was called for jury duty. She told Palm Beach County Circuit Judge John Kastrenakes she could not serve. The exchange was captured on video. "I was threatened by the state attorney; McKin lays aid to a stunned Kastrenakes. In an Interview with The Post, McKinlay a aids he didn't knows he was being videotaped. Buts he said she told Arenberg about the exchange with Kastrenakes. Edmondson, who was helping Arenberg's furtive campaign, obtained a copy of the video, court records show. In January, the video appeared on Gossip Eidra, a local webs its run by ex -Post columnist Jose Lamb laL Almost immediately, Arenberg sal out to promote the Mesa. "It's so good, It should be spread ever Facebook! ;-)*he wrole to Do Martin]. Within two days, working with a paid consultant. Arenberg had created a Facebook ad linking to the Gossip Extra posI:'SHOCKING 1ADEO1 State AbomeyMChael McAuliffe threatened a West Palm women and abused his power. Watch the video.." Aronberg pamonallydirected [head's designer, telling him in an am all: 'I like the first one.... Can you use [he term 'Watch the video' as the last 3 words of the teaser?" Finally, he wrote on Jan. 13, "t think they need town to afore I become a candidate... and while the story is sfill fresh The consultant's proposal listed Aronberg as his client, but O'Boyle paid the $500 bill. The ad large led Facebook users who "like" one of several local Democratic polificians. It launched on Jan. 14, a Saturday. By Monday, It had 440 dicks. But by Tuesday. 11 no longer mattered. McAuliffe announced he was dropping outof the race to take a job with Ormow Carbon, billionaire Bill Koch's energycompany. Arenberg, rejoicing, Nought the Facebook ad forced out McAuliffe, O'Boyle said. Told so by The Post, McAuliffe chuckled. The attacks, he said, didn't forte him out. But the 'prospect of an Insurgent primarycampaign ... made me mom open to altemafiws' Without the atlacks,'I might never haw opened the door" to private- sector opportunities at that point, he said, By Thursday, Arenberg had launched his campaign for state atlomey.'The most Important thing is that the nod State attorney needs to haw a passion foriusfice; Arenberg told WPTV- Channel 5. 'So Dave  I golds screwing o/m y life. Both you and Gershman have taught me good... and the bad thing is that my daughter sufers. A sad day, which only Alzhelmers will remove from my memory. In any event, I couldnI hew been more honest or blunt I only Wsh Net you shared my views on how Mends treat bfends.' - aeoyr.,,Yno wwwas.bes With McAuliffe out of the race, Arenberg 'a work with O'Boyle and his as sIsmnt slowed. For months, DoMa dint had been filing public retards requests crafted and edited by Arenberg, em ails show. The requests, sent to public agencies, aimed for Information about McAuliffe. DeMartiol tu rned Ne responses over to Arenberg. When there was a charge. O'Boyle paid the bill. Aronberg pressed DeMadini to follow upon one request that was still pending. He wanted McAuliffe's am all exchanges with The Posts editorial board, which had been critical of Aronberg. When Amnberg felt the request had been unduly delayed, he wrote to DOMartinl:'You may want to have a lawyers and a reminder letter. I assume Marty would agree? - Defvladinl sent the em ails to Aronberg on Feb. 24. Six days later they appeared on two local webs ites, Induding Gossip Extra. Despite being an official candidate, Aronberg neeerdeclared OeMartinl's help as a campaign coneibution. But the Web postings would prove useful to Aronberg's campaign. After The Post ran a story in June about Aronberg, he linked to one of them in an email to supporters, writing that the papers "false accusations and manufadurad sources have been discredited by independent observers.• Mostly, though, Anmberg's relationship with O'Boyle shlfled. Now that he had an official campaign, he asked O'Boyle for an official wntributlon. At first. O'Boyle said, Aronberg asked for $80,000. For O'Boyle, the meant more than writing one big check State law caps donations 015500 par pers on; O'Boyle would haw to find a bundle of 160$500 checks —from himself, his companies, family members, emplayoes or Mends. 'Maw, thats kind of strong, Dam; O'Boyle recalled sating. Ins to ad, he offered Arenberg $25,000. Aronberg readily agreed, writing Ina Jan. 30 email that'your commitment of raising $25K goes along way.' But weeks passed. and O'Boyle didn't send Arenberg the check. Instead, he sent him documents from his daughter's case. By then, O'Boyle said, he he spent $28,000 helping Aronberg. 'Is aid 10 mywlfe,'Befom I put up another $25,000,1 want to make sure that this guy is thinking like we're thinking; O'Boyle recalled. Arenberg never erplicitiyhad promised to help, O'Boyle said. But O'Boyle said he bellowd he and Arenberg had an understanding. 'Dave kept saymg:'I can't bellem theydid this to your daughter. I Just can't believe they did this. So wrong for them to do. You know that Wk:Nwliffe. I can't believe he did thlsr Now when somebodys sating that to you aboutyour daughter, whatere you thinking?' O'Boyle asked. In mid - March, Aronberg prepared for an endaf -month deadline to disclose forthe first time how much moneyhe had raised since announcing his candidacy. He wanted to deliver a huge sum to deter potential opponents. One opponent almadyhod been soared off. Circuit Judge Krista Marxhad considered running as a Republican, but backed down, The Post reported, aflershe received threats linked to Arenberg. On March 16, O'Boyle said, he metwith Arenberg for neadythree hours In his Deerfield Beach office. His accountof that meeting, provded to The Post without variation in several InterNews, want like this: O'Boyle asked Arenberg whalhe thought of his daughters case. Arenberg demurred. Finally. Aronberg said that if he were elected, he would turn the case overto an assistant prosecutor, who would haw final say. O'Boyle pressed.1 said,'Butyou'm the boss; you should decide whatshould happen: Aronberg fled the room.'I chased him Into the parking lot' O'Boyle recalled. 'I safd,'At least saygoodbyer Later, Horenburger —the woman who had Introduced Arenberg to O'Boyle —told O'Boyle thatAronberg thought O'Boyle had been wearing a wire. O'Boyle was Ildd. 'Hem's the way tread It I'm gotyourmoneynow. I don't need you. I'm getting outof here; O'Boyle said. O'Boyle newrdelivered the $25,000 contribution. 5611, althr the meeting, both O'Boyle and Aronberg did one favor for the other. At Aranberg's request. O'Sayle approached Gershman, his daughters attorney, who bythen was considering his own run forslate attorney. O'Boyle told Gershman he stood no chance against Aronberg. Gershman responded bloody, O'Boyle said, and threatened to drop his daughter's case. Gershman said he was disappointed but meant only that he would withdraw from representing O'Boyle In two ch11 suits related to the DUI arrest He still represents O'Boyle's daughterin hercriminal case, which Is being appealed. Aronberg, meanwhile, helped O'Boyle line up a meeting with the new state atomey— Anionacci, an old Mend —to discuss the DUI case.'Pete Antonacci will meet with you and you should call his assistant' Arenberg said In a March 20 voicemali Ieff for O'Bayfe's in -house attorney, Bill Ring. Arenberg provided a number. Antonacci took the meeting. Antanacci told The Post that Arenberg had nothing to do with IL'I'm a publicservant; he said. •I meetwith everybody; On April 3, Anlonacci sent O'Boyle a lettercalling the legal arguments In Sara O'Boyle's case "wanting; The state would let herappeal playout Antonaccl wrote. On April 9, it all came to a head. Merry O'Boyle wrote Arenberg a scathing email. Gershman would notenterthe race, O'Boyie predicted. Buthe had lost Gershman as a Mend and an attorney, he wrote. The letter loss would mat O'Boyle $30,000, he told Arenberg —the price fare new eltomeyto catch up on the lengthyrecard in his daughters DUI case. 'l got the screwing ofmylife; O'Boyle wrote. 'Both you and Gershman haw taught me good.' And in reference to Aumberg's fears that0'Boy1e mayhem been recording Ihelrconwmaeon, O'Boyle added:'If you wanito spend a few minutes and haw a chat chit we could haw it in a steam bath and I will agree to a rectal so there Is no concern that I am wearing a whal' Arenberg never responded. In April, he reported raising $275,000, none pill from Marty O'Boyle. Soon after, Gershman entered the race. O'Boyle remained angry.'l was swindled; he said. 'There's no doubt in mymind.' In May, Marty O'Boyle got a phone call from a Post reporter. He returned the call. And started talking. SHADOW CAfuPAGN: Read more • Sodas homepage • Did Aronberg break the law? • Details on $3,400 adver9sementaflacking McAuliffe • Arenberg leaked smalls between WWYurliffs, Post • How The Poslgol, confirmed the story More News We Recommend • 2 women killed, I In critical afterhil -and -run (PainnBeachPost.cam) • Authoriges:Aarest'Imminenl' In Wellington gas station homicide (PaimBeachPost.mm) • NC Lottery ( PelmBeachPostcom) • DelmySeach woman wins E6 million verdict against tobacco company (PalmBeachPostcom) • Report 12- year -old makes up abduction story to avoid dentist (PalmBeachPostwm) • Burger King Introduces gay Whopper(PalmBeechPostcom) Comments If you would like 10 Ponta comment please Sign In or Register Cancel Edlt comment 59 Comment(s) Commenl(s)1 -20 of 59 netl >las IU> C,, u, Lv� • Posted byTmfkcAwnger This comment has been removed for violation of the visitor agreement. A. • Posted bylealadyat 11:07 a.m. Jul. 22,2012 • Report Abuse From Around the Web • EI Paso Releases Vidso of Cop Executing Handcuffed Man— Where's the Angel? (VICE) • Man Who Assaulted Dad After Finding Him in Bed With His Wife Gets Off Easy (Stirring Daily) • Teen Dies on Vacation After Drinking Energy Drnk(Stirring Daily) • AGrieving Father Pulls a Thread That Unravels BNP's Illegal Deals (The New York Times) • Life Insurance: what you don'tknow could hurt you (Black Enterprise) • Woman Is Found Hanged In Indian State (The Now York Times) RI Mr. Arenberg will not haw my vot•l Indeed, can anyone vote for Mr. Arenberg after reading this? More dirty poll0csas- usual. Nonetheless, We The People are riot fools of PAC's and Super -PACs can buy all the ads they went; most voters know the We gam now. Whenever we sea an "ad" about an "Issue ", we know who's behind it.. and why. NO ONE thinks such ads are Impartial: they are disingenuous distortions, halFtruths, and outrlghl Iles. And we think own LESS of the peoplefcorporations who buy these ads. Great scoop, Palm Beach Pas t writers 11 LJ • Posted by FatCat0711 at 11:26 a.m. Jul. 22, 2012 • Report Abuse I'd still vote for him, and I'm sure manyothers will. I mean, this is FLORIDA, people ectuallywted for Rick Scott. !J. • Posted by PBSOTelk at 11:50 a.m. Jul. 22,2012 • Report Abuse Yes, great scoop. Typical Palm Beach Post, not crediting PBSOTelk.mm, who provided the start of this story end sent them the Information In April, complete with laws, to get the ball rolling, Its amazing theywill use PBSOTalk.com information the ownerprovides to them yet theypublicly disavow the site, linking ilto disgruntled deputes. There is more documented coroptlon on The Sheriff than Sheriff Bradshaw's friends al the Postwtil ever discover cr write about Thanks Joell l haw to go see a doctor now to see iftheycan remove the knife from myback. V...y Posted byTruthWims This comment has been removed forviolation of the visitor agreement • Posted byJuplterGuyat 12:06 pm. Jul. 22, 2012 • Report Abuse But tea lady, the big moneycorpamUons haw been backing the tea partyfor years, Theyare backing almost everytes partycandidats running for office this year, as well as the presidential campaign. What happened to the grass roots organization that the tea pally used to be? v� • Posted by Thom as 11011221 p.m. Jul. 22,2012 • Report Abuse O'Boyle has zero ethic, and everything you need to know about Arenberg mmes 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 Inount, but bemuse he's rich. • Posted bymefelisback This comment has been removed for violation of the visllor agreement u • Posted by leaman This comment has been removed forviolatlan of the Miloragreement l.._J • Posted by SnedlyYackle at 1:12 p.m. Jul. 22, 2012 • Report Abuse Palm Beach politics, especially In the judicialAegal arena, areas weird and bizarre and sleazy as theyare shot through with abysmally low ethics (if any), populated by hypocrites and bullywannabes, Judges (both stale anbd federal) talk to attorneys about uses before them, prlvalelyand out of murt. People who shoud be calling things as theysee them are Instead either protecting their buddies or covering their own chaps. Arenberg Is a supreme hypocrite who everybody knows long ago sold out to O'Boyle. O'Boyle Is a New York schlem let who fell Into his own cesspool and managed to grasp on to some precious stones (certainly not his own) on the way out - - but has never lost the alench. The county is a really Improbable combination of backwater hicks and nouveau riche arrlvistes, cranky little brats angry bemuse aamebodyelsa has wandered Into what they in Ink to be their private sandleages); people of low or no clasa who use whatever money they have to try to buy statuses and reputations theydont deserve and haven't earned. The little dramas laid out in this story are simply new Installments In an ongoing telenovele, possessed or the same low quality characters and plot lines. Those who populate them are all trailer tree h, even If some of their trailers have been eke mally glilzed up. They all deserve one another; but, please, keep them all Inside the county lines. They're aurelynot wanted nor welcome anyplace else -- except, from time to time, to pick up other people's tabs. M_y • Posted bya7d31709a986 -4bcc- 9770483890 at 1:54 p.m. Jul. 22, 2012 • Report Abuse Thanks Palm Beach Post for uncovering W. Arenberg's We colors. He certainly did not loam these sleazeball tactic at Harvard. Or, maybe he didl Mr. Arenberg needs to permanently retire from any pas Ilan of public trust So long, farewell, autwledersehen, goodbye, Goodbye, Goodbye, Goodbyes 9 `1 v. �J • Posted by GaryHlll This comment has been removed for violation of the visitor agreement �I • Posted by Tmthshallselyoufree at 2:04 p.m. Jul. 22,2012 • Report Abuse Arenberg is disgusting. Ran out of a meeting bemuse he thought O'Boyle was wired? That's what we cell consciousness of guilt He wouldn't know bemuse he has never tried a use. So Ankmaccl Is Arenberg's buddy! How convenient Eipleins why certain judges have been targeted by that office. Funny how Pete has time to file hivelous motions at the behest of Dave and meet with Aronberg's supporter about his DUI but does not have time to investigate serious allegations relative to his buddy Dave. Lays be clear: moneywas spent by Oboye for Dave's upcoming campaign: illegal. Dave alluded to how'awful'the DUI was handled and he alluded to expunging the crime and [hats how he got the money. bribery. He threatened Judge Mam He conspired to remove Judge Cohen, with Anlonaccl's help. He hangs out with the most CORRUPT individuals in this countylncluding Mery (hn a convicted felon but I still think rm relevant and powerful) McCarty. We need help and fasL We need the fads.I urge every person in PRO to call our local PBI branch because we cant have a state attorney who Is criminal himself. This Is just like the Babock furniture DUI debaucie. Pay to play. I can seethe swearing In: Burl, Andre, Fumad, McCartyand everyot er cancerous'political operative' in PBC. Oh, and t eywlll also own Jaime Goodman if he gels elected because McCarty Is running his campaign. Remember 'take back the judiciary McCarty and Rebecca Shelton do, Ws all to make sum theycan continue their criminal behavior and shakedowns w/o an SAwho cares. I would like to thank Joel and the Post because this Is getting atlention...from authorities who enjoy slapping the cuffs on self- prodaimed'rock star' Dave. You can't get the Aron- burger In jail so enjoy now. Antonacd ... your In over your head. Watch your 6 because I think you would make a great prison W stee t -Y • Posted by Oauglas3 at 226 p.m. Jul. 22,2012 • Repon Abuse Need a connection from Aronberg to MaryMBCarty7 Try going through her mother Jeanne Raywho recentlyworked as a receptionist for Amnberg. Aronberg should quit this race. He has proven himself unfit to serve in anygovemment capacity. You can't cleanup Palm Beach Countybyputting dirt in charge of the bmoml • Pasted by Truthshells etyoukee al2:26 pm. Jul. 22, 2012 • Report Abuse And to all the lawyers who him a blind eye to this and continue to treat Dave like myallybemuse you think Ira a given he will be SAand you want to ingratiate yrrurselves ... get some morals) We took an oath to uphold the lawl If you condone his behavior and that of his'supporters'just rip up your bar card bemuse you are as bad as him. I cant wall for the front page photo of him, handcuffed, being led to an awaiting blacked -out SUV. Ira imminent. r. �y • Posted byRoberlBHoigh at 2:47 p.m. Jul. 22, 2012 • Report Abuse So, iet me get Ihls straight 'Aronberg and his allies skirt the law on bribery, 'Aronberg and his allies sklrs the law on blackmail, •Amnberg and his allies skinthe law on exioruon, 'Amnberg and his allies skirt me law on slander, 'Aronberg and his allies skirt the law on defamation. Yep, payto playas alive and well in Palm Beach County. Resign? No, he should be in ajall call awaiting trial. I knew more than a decade ago that he would do anything— and I mean ANYTHING —to move his wayup in once. Let me guess,wltt his eyes nexton running for Govemor. Mark mywords: If he gels elected to the position of State Attorney, he will run for Governorwithin ten years and the corruption will be much, much worse. tthis doesn't get the fads Involved (onm again) then nothing will. [also agree with the previous poster, tealady, these corporate bigwigs have been funding the Tea Partyfor a long time. Watch how quicklythe Tea Pertyboll' settles down to a 'simmerif Romneyls elected President (And the ultra -rich orgyof assetbansfer from the middle -class to the 1% will resume at an accelerated pace.) sue. • Posted by RegularJoe at 3:46 p.m. Jul. 22, 2012 • Report Abuse Can you believe Made did this again? Mtarie Horenburger has been the campaign manager and consultant for 10 years for suspended Mayor Jose Rodriguez Look atwhat a crook he isIfIffill Rodriguez used to be buddybuddywith Mr. MM. Marie is BFPS with Mne Gannon who is smarter than DAVE bemuse when she got out ofTallythen Made made it happen with Gannon's tax chlerjob as the CONSTrrUTIONAL THIEFI i • Posted byyoumildumb at3:46 p.m. Jul. 22, 2012 • Report Abuse You cannot believe a single word putout by the liberal mg known as the Palm Beach Post Theyhave their own agenda and will spin as tarytor fit the outcome meywant Aronberg has a good track record and has served the State of Florida well. He should be Judged on past performance and not the attacks of a bankrupt newspaper that is so poorly run It is actually printed bythe Sun Sentinel for them. This paper has as pacific hatred forAronberg that has no basis in this reca.The facts are the facts. • Posted bykola123 st3:52 pm. Jul. 22, 2012 • Report Abuse I think this whole article Is a crock ofcrap. Look to the REAL problems in Palm Beach County, Me. Marcus and Mends. " Posted byJohnBarbied at4.28 p.m. Jul. 22. 2012 " Repan Abuse Palm Beach Counrypolllics are unsavoryto begin with. Arenberg comas across as a particularlynas ty piece of work even for us. Here's hoping that the voters will do themselves and the county a big favor bysiopping his " public SeMce career" at the netd election . 59 Comment(s) Comment(s) 1 -20 of 59 next >lasl� Wt=stlaw 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 (Teno.))) 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 a95(11) 241 Limitation of Actions 24111 Computation of Period of Limitation 241II(F) Ignorance, Mistake, Trust, Fraud, and Concealment or Discovery of Cause of Action 241k95 Ignorance of Cause of Action 241k95(10) Professional Negligence or Malpractice 241k95(I1) 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(x)(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.FN* 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 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.))) mortgage dispute, O'Boyle sued various defendants in Tennessee state court. He essentially claimed that these defendants had conspired to bankrupt his part- nership and to take unlawful control of the center. Representing O'Boyle, among others, was the law firm of Shulman, Rogers, Gandal, Purdy & Ecker P.A. ( "Shulman Rogers"), • and specifically two of its attorneys, Ross Cooper and Mark Guberman (we refer to Shulman Rogers, Cooper, and Guberman 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 S1.6 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 $1.25 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. Guberman was not a party 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. Page 2 O'Boyle sued the Defendants in New Jersey state court in December 2008, claiming that he had lost the Tennessee case as a result of their alleged malpractice. The Defendants removed the case to federal court. O'Boyle voluntarily dismissed the suit and refiled in Tennessee federal court in April 2009. That case is the one now before us. The district court dismissed O'Boyle's claims as untimely under Tennessee's one -year statute of limitations. This appeal followed. 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(ax2). 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 v. A —Best, Co., 910 S.W.2d 851, 854 (Tenn.1995), a defendant nonetheless is entitled to dismissal for 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. Seh 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. 9 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 Finn's alleged malpractice. And O'Boyle had all the more reason to know that alleged tact 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.),201 I. O'Boyle v. Shulman, Rogers, Gandal, Portly & 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: Postmaster Sent: Tuesday, July 14, 2015 11:20 AM To: Local Recipient Subject: 1 MD5481 -invoice 10182 sweetapple redacted.PDF Linked Attachment Download The following attachment was removed from the associated email message. You may download the attachment, if you are sure that it is safe to do so, by clicking the Click Here to Download link below. File Name 1MD5481-invoice 10182 sweetapple redacted.PDF File Size 387333 Bytes Click Here to Download This attachment file has passed various security checks, but this does NOT guarantee that the file is safe. You should only download the attachment if you know and trust the sender. Attachment downloads are monitored and audited for security reasons. Sweetapple, Broeker, Varkas, P.L. 20 South East 3rd. Street Boca Raton, FL 33432 Telephone: (561)392 -1230 Fax: (561)394-6102 TOWN OF GULF STREAM >PAYMENT APPROVED-4 August 22, 2014 Town of Gulf Stream Amou t '70. Invoice No. 10182 100 Sea Road Gulf Stream, FL 33483 By � Date ' Check # 1 da44 nnta A/aq lt,L Client Number: 00949 Town of Gulf Stream Matter Number: 1679 O'Boyle vs. Town of Gulf Stream For Services Rendered Through 8/22/2014. Fees Date Tmknr Deserintian Hours Amount 07/276127014 RS Meeting with- regarding -and= 1.25 $437.50 - (Saturday). 0728 /2014 RS Read treatise on =and cases. (Sunday). 125 $437.50 07292014 RS Work on-; Conference with opposing counsel. 3.00 $1,050.00 07/30/2014 RS Receive and review motion and emails; Work an 1.60 $560.00 Conference with A. Varkas regarding _ and _ 07/30/2014 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 $612.50 08/012014 JW Research and write memo of law on 8.00 $1,200.00 (Dates 07/22, 07/23, 07/31). 08/042014 CB Draft and finalize letter to Smith and Taylor enclosing Notice of 0.20 $0.00 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. 081042014 RS Review subpoenas and PRR; Conference. 125 S437.50 Continued On Nest Page REDACTED PER 119.071(1)(d)I Clibnt Number: 00949 08/22/2014 Matter Number: 1679 Page: 2 08/04/2014 RS Conference regarding 8.50 52,975.00 -; Receive and review emal s; Continue dictation of —; Review over 90 public records requests and articles; Conferences with Joanne; Set deposition and prepare letter. (Date 08/03). 08/042014 RS Continue work on (Evening). 2.00 $700.00 08/052014 CB Update_ with R. Sweelapple changes. 0.60 $0.00 081052014 AV Finish reviewing Westlaw search not i 3.00 $1,050.00 data base jleaa and summarize cases). 08/052014 RS Review —case 0.60 $210.00 08/082014 CB Conference regarding 0.50 $0.00 081052014 RS Receive and review Motion for P.O.; Set hearing; Revise _ 2.40 5840.00 08/112014 R$ Review memos provided by O'Boyle 14.00 S4,900.00 aw irm regar mg 5 08/062014 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 08/072014 RS Conference with Joanne; Conference with opposing counsel• 4.00 $1,400.00 *Pre are s oliation letters; Outline law; Draft ence; rve and review emal s. 08/072014 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, CAFI, R. Witmer, V. Taylor; Draft Amended Notice of Hearing for 8.12 file. 08/082014 RS Outline issues and dictate memo. 1.50 $525.00 08/082014 CB Prepare hearing folder for M. O'Boyle's Motion for Protective 0.50 $0.00 Order, Emails with apposing counsel. 08/112014 R$ n 14.00 S4,900.00 *Work Wreviewe rized practice of law; Receive and review emails with ecery 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 regarding cases; Bar complaint; Unauthorized practice of law; Conference with Scott Morgan. Continued On Next Page REDACTED PER 119.071(1)(d)I Client Number: 00949 Matter Number: 1679 08222014 Page; 3 08112/2014 RS Conference with , Continue outline statement; Motion 2.75 $962.50 with Hanna regar mg sett ement O'Hare. 081142014 RS Conference with Joanne; Review filing by O'Hare and O'Boyle law 1.00 $350.00 firm. 08/142014 RS Conference with Gerry regarding_; Conference with 0.80 $280.00 Joanne; Conference Fla. Bar. 08/15/2014 RS Emails to Hanna; Conference in Richman's office; Conference 0.40 $140.00 with Joanne. (Date 08114). 08/18/2014 RS Prepare for hearing (evening); Review multiple emails with Hanna 1.25 $437.50 regarding O'Hare. 081182014 RS Conference with Scott; Travel and attend meetings with Joanne, 3.25 $1,137.50 Scott and Richman; Work on� 08/18/2014 RS Conference with Scott and Delray's legal counsels. 0.50 $175.00 08/192014 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. 0.20 570.00 08/212014 RS Review motions; Prepare letter. 0.50 $175.00 Billable Hours/ Fees: 82.55 526,417.50 Cost Detail ate Description Amount 07232014 Mileage at 50.56 /mile 5271.20 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 Check No. REDACTED PER 119.071(1)(d)1 Client Number: 00949 Matter Number: 1679 Prior Balance: $17,902.50 Last Payment: 07!3]2014 Payments Received: ($17,902.50) Current Fees: $26,417.50 Advanced Costs: $852.75 TOTAL AMOUNT DUE: 527,270.25 cot - f3 ii0 -S /g - /rj PLEASE REMIT TO: SWEETAPPLE. BROEKER & VARKAS. P.L. 20 S.E. 3rd. STREET. BOCA RATON, FL 33432 PLEASE INDICATE INVOICE NUMBER ON CHECK. THANK YOU! 0V22n014 Page: 4 " TOWN OF GULF STREAM OPERATING ACCOUNT 12244 To S%VFETAPPLF.,BROEKER&VARKAS,P.L 20 S.E 3rd STREET INVOICENUMBER I GATE I DESCRIPTION I AMOUNT I DISCOUNT I NET AMOUNT 10182 82212014 August legal 00 1 -531 I0- 513 -10 Legal Sm1cm - Admul S27,270.25 S0.00 527,270.2' Totals: 527,27035 $0.00 527,270.2! yv��r�� -ye.x svx xex xsx zax: . . . xz- x+z- z- zar -ec ac, <r -z.m p 12244 TOWN OF GULF STREAM MARMKM OPERATING ACCOUNT 63 -215MI 100 SEA ROAD CHECK DATE CHECK NO. GULF STREAM, FL 33483.7427 ' (581) 2705118 00949 ...W44 8/29/2014CHECK ...W44 RAY THE TO THE seven thousand two hundred seventy and 25/100 Dollars" E ORDER $" 27,270.25 OF SWEETAPPLE, BROEKER & VARKAS, P.L. . , vv 20 S.E. 3rd STREET " BOCA RATON, FL 33432 M yp M .. AUOpRITE]=MTURE _ . 11'01224411" 1 :0631021521:10 Q'016007315011" Kelly Avery From: OConnor, Joanne M. <JOConnor @jonesfoster.com> Sent: Friday, June 26, 2015 12:18 PM To: Jonathan O'Boyle Cc: Kelly Avery; kendrake @dldlawyers.com; stearns @jambg.com; Macfarlane, Mary Subject: Gulf Stream - Jonathan O'Boyle PRR - UPL File Attachments: 201506261208 _pdf Jonathan — Please allow this correspondence to constitute the Town of Gulf Stream's continued production in response to your public records request related to the UPI, complaint made on August 25, 2014. Because of the size of the attachments, I will be sending a series of emails. Attached to this email is the following: • Communications by and between Town officers and employees and communications by and between Town officers /employees and the Town's outside counsel relating to the UPI, complaint. Regards, Joanne JONESFOSTER Joanne M. O'Connor Attornei Direct Dial: 561.650.0498 1 Fax: 561.650.5300 ioconnor7a jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Hagler 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 norify us by email and delete the original message. Kelly Avery From: Postmaster Sent: Friday, June 26, 2015 12:18 PM To: Local Recipient Subject: 201506261208.pdf Linked Attachment Download The following attachment was removed from the associated email message. You may download the attachment, if you are sure that it is safe to do so, by clicking the Click Here to Download link below. File Name 201506261208.pdf File Size 18458641 Bytes Click Here to Download This attachment file has passed various security checks, but this does NOT guarantee that the file is safe. You should only download the attachment if you know and trust the sender. Attachment downloads are monitored and audited for security reasons. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS SCOrr W. MORGAN, Mayor ROBERT W. GANGER, VICe•Mayor JOAN K. ORTHWEIN THOMAS M. STANLEY DONNA S. WHITE May 21, 2015 Algeisa M. Vazquez, Esq. Branch UPL Counsel The Florida Bar 1300 Concord Terrace, Su. 130 Sunrise, FL 33323 1_17f_ , Telephone (S61)216.5116 f Fax Town Manager WILLIAM H. THRASHER Town Clark RITA L TAYLOR 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). 100 SEA ROAD, GULF STREAM, FLORIDA 33483 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 for your review 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: any Pennsylvania Interest On Lawyer Trust Account (IOLTA) bank name, location and account number for client funds held by Jonathan R. O'Boyle, PC and /or the O'Boyle Law Firm, if any, per PA Rules of Disciplinary Enforcement, supra, at Section 219(d)(1)(iii); 11. Bank information: every Business Operating Account maintained or utilized by Jonathan R. O'Boyle, PC and /or the O'Boyle Law Firm in 2014, specifically the financial institution, locations and account number, as required by the PA Rules of Disciplinary Enforcement, supra, at Section 219(d)(1)(v); 12. Proof of Pennsylvania Continuing Legal Education (CLE) Compliance Certification for Jonathan O'Boyle for 2014; 13. Proof of 2013 and /or 2014 membership, if any, in Philadelphia Bar Association and /or Pennsylvania Bar Association; 14. Proof of pro bona legal services performed at anytime in Philadelphia County; 15. Names /docket numbers of all Out of State (not Florida) lawsuits involving Jonathan R. O'Boyle, PC and /or the O'Boyle Law Firm; 16. 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) 17. The 2014 and 2015 leases between the O'Boyle Law Firm and the owner of 1280 & 1286 W. Newport Dr., Deerfield Beach, FL; 18. Copy of Jonathan O'Boyle's Voter's Registration for 2013, 2014 and 2015. Finally, I would like to briefly respond to Mr. Tozian's assertion that the UPL complaint and related Bar complaints filed by me are somehow void as not authorized by the Town Commission. This argument was rebutted by counsel representing the Town of Gulf Stream, the Town's outside counsel, and me in a recently filed Motion to Dismiss an action brought against us by Jonathan O'Boyle's father, Martin O'Boyle, Martin E. O'Boyle and Asset Enhancement Inc. v. Town of Gulf Stream, etaL, Case No. 2015 -CA- 001737 (AJ) (1511 Judicial Circuit in and for Palm Beach County). As detailed in that Motion, no ratification of the Bar or UPL complaints was required by the Sunshine Law: "[T]he filing of bar complaint is not an "official act" or "formal action" which required Town commission approval. Section 286.011(1) is expressly limited to meetings at which official acts are to be taken," and provides that any "resolution, rule or formal action" taken at non - complaint meeting is not binding. A bar complaint -- the vehicle for advising the Florida Bar of misconduct on the part of an attorney -- is not a "resolution, rule, or formal action." Such a complaint does not bind the Town to any future conduct or to the payment of any expenditures. Since the filing of the Bar Complaints was not "formal action" as a matter of law, the Sunshine Law does not apply in the first instance." (See Motion to Dismiss, p. 9, paragraph 21, attached hereto as Exhibit E) Regardless, even though Commission approval was not necessary, the fact remains that I was at all times authorized by the Town Commission to work with outside counsel to assist with the defense of the public records suits brought against the Town by the O'Boyle Law Firm, including Jonathan O'Boyle, and to advance any claims in response, including the instant UPL complaint. That authority was formally ratified by the Town Commission at its meeting on December 12, 2014. (See pages 15 -17 of the Town Commission Minutes from Dec. 12, 2014, attached hereto as Exhibit F) In light of the foregoing, there should be no question but that the pending UPS and Bar complaints are valid. Sincerely, s'v� ✓ ✓/ �- cott W. Morg n Mayor Town of Gulf Stream c.c. Scott K. Tozian, Esq. AA ftogislry - Airman 'Alrmonrnquiry • Airmen Details earch Results lisplay Preference: • Horizontal Vertical otal Names found is I based an search criteria provided above. R)\ VII IA': RI ILLY U'001 LI P�ersonariormation IONATHAN REILLY O'BOYLE !3 N HIDDEN HARBOUR DR 3ULF STREAM FL 33483 :ounty: PALM BEACH = ountry: USA Medical 4edical Class: Third, Medical Date-1/2014 RUST WEAR CORRECTIVE LENSES. :crtiIcates PRIVATE PILOT Date of Issue: 8/19/2004 Certificate: PRIVATE PILOT Ratings: PRIVATE PILOT AIRPLANE SINGLE ENGINE LAND INSTRUMENT AIRPLANE 5/15115, 5:18 PM RNING: This Is a Federal Aviation Administration (FAA) computer system. FAA systems, Including all related equipment, netwotks, and network devices ispecifically Including emat access) are provided for the pruceising of official U.S. Goyemment Information. Unauthorized access or use of this computer may subject violators to criminal, civil, and /or nin61mtIve action, All Information an this computer system may be intercepted, recorded, read, coped, and disclosed by and to authorized personnel for official purposes, 'uding criminal Investigations. Access or use of this computer system by any person, whether authorized or unauthorized, constitutes consent to these terms. a:If umsms .registry,faa.gov /alrmanlnqulry/ Page 2 of 3 CHAPTER 83. PENNSYLVANIA RULES OF DISCIPLINARY ENFORCEMENT Subchapter B. MISCONDUCT Rule 219. Annual registration of attorneys. (a) Every attorney admitted to practice law in this Commonwealth shall pay an annual fee of $125.00 and file the annual fee form provided for in this rule. The fee shall be collected under the supervision of the Attorney Registration Office, which shall send or cause to be sent to every attorney, except an attorney who has elected to file the form electronically, the annual fee form. The Attorney Registration Office shall transmit to those attorneys who have elected to file the form electronically a notice by e-mail to register by July 1. Failure to receive the annual fee form by mail or electronically shall not excuse payment of the fee. The said fee shall be used to defray the costs of disciplinary administration and enforcement under these rules, and for such other purposes as the Board shall, with the approval of the Supreme Court, from time to time determine. (b) The following shall be exempt from paying the annual fee required by subdivision (a): (1) Justices or judges serving in the following Pennsylvania courts of record shall be exempt for such time as they serve in office; Supreme, Superior, Commonwealth, Common Pleas, and Philadelphia Municipal; and justices orjudges serving an appointment for life on any federal court; (2) retired attorneys; and (3) military attorneys holding a limited certificate of admission issued under Pa.B.A.R. 303 (relating to admission of military attorneys). Official Note The exemption created by subdivision (b)(1) does not include Philadelphia Traffic Court judges, Pittsburgh Municipal Court judges, magisterial district judges, arraignment court magistrates or administrative law judges. (c) On or before May 15 of each year the Attorney Registration Office shall transmit to all attorneys required by this rule to pay an annual fee, except those attorneys who have elected electronic filing, a form required by subdivision (d) of this rule. On or before May 15 of each year subsequent to the year in which an attorney elects electronic filing, the Attorney Registration Office shall transmit to such attorney a notice by e-mail to register by July 1. 13 (d) On or before July I of each year all atforneys required by this rule to pay an anmial fee shall file with the Attor itey Registralioth Office a signed or eleclronically endorsed forth prescribed by the Auorrhey Registraliotr Office in accordance with the following procedrrrer. (1) The form shall set forth: (i) The date on which the attorney was admitted to practice, licensed as a foreign legal consultant, granted limited admission as an attorney participant in defender and legal services programs pursuant to Pa•B.A.R 311, or issued a Limited In -House Corporate Counsel License, and a list of all courts (except courts of this Commonwealth) and jurisdictions in which the person has ever been licensed to practice law, with the current status thereof. 00 The current residence and office addresses of the allorney, each of which shall be an aclrtal sireel address or rural roule box number, and the Allorney Registration Office shall rcf se to accept a form Ural sets• forth only a post office bar number, for either required address. A preferred mailing address d fereni frorn those addresses may also be provided mr the form and may he apost office box number. The attorney shall indicate which of the addresses, the residence, ofce or mailing address, as well as telephone atndfax rmmher will be accessible through the websile of the Board (7711p: •; )vhvus padisciplhratyboard org) and by written or oral requesl to the Board Upon an attorney's written request sribmilted to the Attorney Registration Office and for good cause shown, the comacl !nlornraliotn provided by the attorney will he nonpublic it formation and will nol be published mn the Board's websile or otherwise disclosed Official Note Public web docket sheets will show the attorney's address as entered on the court docket. Property Details for 2146 E HUNTINGDON St, PHILADELPHIA, PA 19125 Interior Features Bedroom Information • Master Bedroom on Upper Level • Master Bedroom Dimensions' • Second Bedroom on Upper Level • Second Bedroom Dimensions • Third Bedroom on Upper Level • Third Bedroom Dimensions Kitchen & Dining Information • Kitchen on Main Level • Kitchen Dimensions • Gas Cooking • Full Kitchen (No Eat -in) • Has Dining Room • Dining Room on Main Level • Dining Room Dimensions: Living & Family Room Information • Living Room an Main Level • Living Room Dimensions • Has Family Room • Family Room on Mam Level • Family Room Dimensions Other Room Information • Rn Basement • Dimensions Basement Information • Has Basement • Full Basement, Fully Finished Basement Interior Features • Game /Media Room, Utility /Mud Room • Wood Floors g+ Ft. Ceilings, Cei'ng Fan(s) Cable TV Wired Heating & Cooling Lw Lear, Mare " Gas Heating " Has Central Air " Central Air Conditioning " Hot Water:. Natural Gas Hot Water Property / Lot Details Lot Information " Land Sq Ft.' 1:260 " Lot Area (Acre) 0.03 " Lot Dimens.ons 18 x 70 " Lot Number 143 " Land Use Code 030 Property Features " Patio " Foyer " Laundry on Main Floor " Handicap Improvements Nona Property Information " Interior Sq Ft. Source Assessor " Net 1548 D " Zoning Code: R10A " Ownership Fee Simple " Property Condition. Average+ Parking / Garage, Exterior Features, Utilities & Location Details Parking & Garage " Street Parking Building Information " Property Age 80 " Exter-'or: Brick Utility Information " Public Water " Public Seiner " 100 -150 Amp Electrical Location Information " Crass Street Name TRENTON AVE Goode Maps . Page I of 1 2137 E Kmbry ;na C tioogle Maps . Page ] of 1 146 E Hunlingdon St + Google'Maps g MIA �4 i r rt 5/15/15, 5:23 PM 3: / /www.gacglo.com /maps/ place / 2146 +E+ Hunlingdon+ St,+ Phila... I2e914m213m111s9x99c6c63b33b32c59 :Gx59ee3ab91b2efd9ol6m111o1 Page 1 of 1 7w"10 JOrk3aNf1 KMIIY V DWie In JarYL Mn. VA- bbl- /-bC -1f1,1 20nathan Reilly O'boyle 561 - 758 -1223 814- 535 -5175 1001 Broad St Johnstown, PA 15906 -2437 Gel Directions <, 'G41Gi dIC U} •'4ti+ ,C, F• 9r l9q Ffri/ Send contact info to phone Print this page Download contact card Nearby businesses Our Sons' Family Restaurant Rov.;tauranls Zero's Italian Village Res t au.anl s Sal's Pizza Restaurants Broad Street Pizza Restaurants Giant Eagle Supermarket Supermarkets & Super Stores �o d 9,yp J4;'r Fpf/ Pr a: tear ftnl, charsel= ud- B,% 3Cdiv% 20class% 30% 221andingvrtapper% 22 %2Dsryle %3D %22bar•sizitg %34 %2W order- bmt %3B %20cdu %34 %20rgb{79%2... 113 VW" 10 v�muiryu omfie in.rw imn, rn- xi- ixt -iz/� Sheetz Convenience Stores & Service Stations At This Location Commerce Centre Property Management Compass System Inc LI'I Rascals Daycare Child Care Services Mint Capital Advisors LLC Epilepsy Foundation - western Robindale Energy Service Dit Commerce Group Inc Commerce Property Services h Business owner? Add, edit or remove a Whitepages business listing Q App5tore a:leXMM1 ctwset= utf- B:, 43Cdiv% 20class% 30% 221ardingwrapper %22 %20syle %3D %22boz- sizing% 3A% 206ader- bmc %3B %20cd« %3A %20rgb(79 %2.... 7/3 LAW OFFICES JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER & IfOCHIVIAN, P.A. A PROFESSIONAL ASSOCIA SIDN DAMIAN H. ALBERT, PA W. HIMPTON.IDIWSON, N SCOTTO. ALEXANDER, PA 3455 EAST SUNRISE BOL%EVARD J MARCOS MAITTINEZ MICHAELT. BURT E •I MELISSA BUTTON SUITE 1000 FORTLAUDEROALE, FL XCID4 ROBERT E MURDOCH HUDSON GILL MICHAEL R. PIPER • JEFFREY L L HOCHMAN, PA DAVID M. SCHWEIGER, PA E BRUCEJOHNSON' 35641945.2DO Blowup CHRISTOPHER L SMITH CHRISTOPHER J. 6TEARNS,PA (5617540-3003 Dade (501) 6467448 WPB •ao.ueamRmrnu.FUrzunrens A� TELECOP:ER (9U) 463-2444 RONALDRANSELMO BURL F. GEORGEORGE April 16, 2015 William Thrasher VIA EMAIL Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Re: O'Boyle and Asset Enhancement v. Gulf Stream, et al. Our File: 02015/35111 Case No. 2015 -CA- 001737 (AJ) Dear Mr. Thrasher: Enclosed please find a copy of the Motion to Dismiss that we filed on behalf of the Town of Gulf Stream and Scott Morgan in the above- referenced matter. The enclosure argues that the claims under Florida Sunshine Law are deficient (1) because the conduct at issue did not rise to the level of formal governmental action, (2) because the alleged discussions between the Town's mayor and the Town's attorneys did not constitute meetings for purposes of the Sunshine Law, and (3) because the Court is not able to provide the specific relief requested by the Plaintiffs. The enclosure also argues that the Plaintiff's claims under the Public Records Act claims are deficient because the Town complied with Florida law and because the requested text messages are not public records. Please note that the enclosure is also supported by a separate notice of filing which includes extensive documents provided to the Court as background information illustrating the Plaintiffs' improper efforts in this matter and in his prior lawsuits against the Town of Gulf Stream and its various representatives. If you have any questions about the enclosure, please call me. JLH/kme Enclosure cc: Scott Morgan by email w /encl. Ve,y ly yo urs, ch lah For the Firm E Filing # 26127915 E -Filed 04/15/2015 03:04:39 PM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO,: 2015 -CA- 001737 (AJ) MARTIN E. O'BOYLE and ASSET LMiANCEMENT, INC., Plaintiff, VA TOWN OF GULF STREAM, ROBERT A. S WEETAPPLE, SCOTT MORGAN, JOHN C. RANDOLPH, and JOANNE O'CONNOR Defendants. DEFENDANTS, TOWN OF GULF STREAM, SCOTT MORGAN JOHN C RANDOLPH, AND JOANNE O'CONNOR'S MOTION TO DISWSS The Defendants, TOWN OF GULF STREAM ("Town), SCOTT MORGAN (-,mayor Morgan "), JOI IN C. RANDOLPII ( "Randolph "), and JOANNE O'CONNOR ( "O'Cortnnr "), by and through their undersigned attorneys and pursuant to Florida Rule of Civil Procedure 1.140, request entry ofan Order dismissing the Complaint to Enforce Florida's Sunshine and Public Records Laws for Declaratory and Injunctive Relief ( "Complaint") filed by the Plaintiffs, MARTIN E. O'BOYLE ( "O'Boyle ") and ASSET ENHANCEMENT, INC. (-'Asset Enhancement'0, and state as follows: I. INTRODUCTION O'Boyle is a disgruntled resident of the Town. Since 2013, O'Boyle has filed approximately 35 state and federal lawsuits targeting the Town, the Town's elected officials, and the Town's dedicated employees. His newest lawsuit illustrates his addiction to such frivolous litigation. f . r + v O'Boyle V. Margoa & Sweetapple, et at. Case No. 2015 CA 001737 (AJ) 2. In response to recent defeats in two federal cases, and in response to an independent series of complaints filed Kith the Florida Bar, O'Boyle again engages in his preferred form of retaliation: the filing of a frivolous lawsuit. The Complaint is fatally defective. As a result, the Defendants request that each claim be dismissed at the earliest possible opportunity and that sanctions be entered — again' — against O'Boyle. 3. According to the unsupportable theory described in the Complaint, the Town's attorneys cannot exercise independent professional judgment in litigating for the Town without first discussing their decisions during an openpublic meeting. Not surprisingly, the unsupportable relief O'Boyle requests is (1) a judicially- imposed veto over all past litigation decisions, including a 'Judicial withdrawal" of the complaints now pending before the Florida Bar and (2) an injunction requiring the Town's attorneys to discuss each future litigation decision during an open public meeting so that O'Boyle can attend and plan his counter - strategy (and, hopefully avoid yet another litigation defeat). Since the Complaint represents only a self - serving and improper expansion of the obligations imposed upon Florida municipalities under the Sunshine Law and Public Record Act, the Court should dismiss the Complaint and deny O'Boyle the litigation advantage he seeks, In O'Boyle v. Shulman. Rogers. Ganda]. Pordv & Ecker, P.A., the United States Court of Appeals discusses the history of sanctions awards issued and modified by the trial court, including an initial sanctions award totaling 51.25 million. The case also discusses the trial court's order requiring O'Boyle "to pay over $1,6 million in fees to the defendants." 436 Fed. Appx. 449,450 (6th Cir. 2011). O'Boyle v. Morgan & Sweetapple, at al. Case No. 2015 CA 001737 (AJ) H. MOTION 4. The eight -court Complaint alleges (1) that Mayor Morgan and the Town violated section 296.011(1), Florida Statutes (hereinafter "Sunshine Law "), by filing the Bar Complaints without first conducting a public meeting (Counts I and 11), (2) that Mayor Morgan, Town Attorney Jeanne O'Connor, and the Town violated the Sunshine Law by seeking protective orders for witnesses subpoenaed by O'Boyle in a public records case without first conducting a public meeting (Counts III and 1V), (3) that Mayor Morgan, Town Attorney Robert Sweetapple, Town Attorney O'Connor, and the Town violated the Sunshiue Law by engaging in settlement discussions without first conducting a public meeting (Counts V and VI), (4) that the Town violated Chapter 119 of the Florida Statutes ( "Public Records Act ") by redacting work - product information from the billing records for n TOWn attorney (Count VII), and (5) that the Town violated the Public Records Ad by failing to disclose some Of Mayor Morgan's text messages (Count VIII), 5. 'Me Plaintiffs seek identical relief for each Sunshine Law claim: (1) that the Court declare that the Defendants' conduct violated the Sunshine Law, (2) that the Court enjoin the Defendants from taking such action in the future, and (3) that the Calm award attorney's fees and costs. ee CompL at 10, 11, 13 -14, 14- 15,16, 18, 19 -20, 6. The Plaintiffs also seek identical relief for each Public Records Act claim; (1) that the Court declare that the Town violated the Public Records Act, (2) that the Court order the Town to allow inspection, copying and photographing of the requested records, and (3) that the Court award attorney's fees and costs. See Compl. at 21, 22 -23. O'Boyle Y. Morgan & sweetapple, et al. Case No. 2015 CA 001737 (AJ) 7. The Court should dismiss Counts I and II against Mayor Morgan and the Town — alleging violations of the Sunshine Law for filing the Bar Complaints — for the following reasons: (a) The filing of a barcomplaint is not an"official act" or "formal action" which required commission approval; (b) The meetings between Mayor Morgan and the Town's attorneys did not constitute a meeting of a board or commission; and (c) The Court is unable to grant the specific relief at issue, i.e., the judicial withdrawal of the Bar Complaints, 8. The Court should dismiss Counts III and IV against Mayor Morgan, Attorney O'Connor, and the Town — alleging violations of the Sunshine Law for filing motions for a protective order in response to witness subpoenas issued by O'Boyle --for the following reasons: (a) Mayor Morgan and Attorney O'Connor are not, collectively, a board or commission subject to the requirements of the Sunshine Law; and (b) The filing of a motion fora protective order is not an "official act "or "formal action" which required commission approval. 9. The Court should dismiss Counts V and VI against Mayor Morgan, Attorneys Sweetapple and O'Connor, and the Town — alleging violations of the Sunshine Law for engaging in settlement discussions — for the following reasons, (a) The alleged settlement negotiations attended by Mayor Morgan and the Town's attorneys were not subject to the Sunshine Law because they are not meetings of a board or commission; and 4 O'Boyle v. Morgan & Sweelapple, et al. Case No. 2015 CA 001737 (AJ) (b) The alleged settlement negotiations were conducted in accordanec with the Florida rules governing mediation and readily distinguished from settlement approvals. 10. The Court should dismiss Count VII against the Town — alleging violations of the Public Records Act by providing redacted billing records (with work - product information being removed from Attomey Sweetapple's bills) -- because theredacted items are subject to legitimate and unchallenged exemptions under the Public Records Act. 11. The Court should dismiss Count VIII against the Town — alleging violations of the Public Records Act by failing to provide Mayor Morgan's text messages -- because the requested text messages are not public records under the Public Record Act. WHEREFORE, the Defendants, TORN OF GULF STREAM, SCOTT MORGAN, JOHN C. RANDOLPH, and JOANNE O'CONNOR, request entry of an Order dismissing each claim asserted by the Plaintiffs, MARTIN E. O'BOYLE and ASSET ENHANCEMENT, INC., in the Complaint, together with such additional relief the Court deemsjust and proper. III.- O'BOYLE's LITIGATION HISTORY wITu Tim TowN 12. As of January 9, 2015, O'Boyle had filed "approximately 29 lawsuits against the Town for alleged violations of the Public Records Law," and was then "engaged in 12 lawsuits against the Town relating to alleged viobttiom of the Public Records Law," O'Boyle v. Morgan et Al., 14 -cv -81250 -SAM, DE 1 -2 at 1110-12.2 2 Pursuant to Florida Rules of Evidence 90.202(6) and 90.203, the Defendants request that the Court take judicial notice of the filings in the related federal and state cases involving O'Boyle and the Town. See Turner v. City of Clearwater, 789 So, 2d 273, 281 (Fla. 2001) (stating that under section 90.202(b), "a court may lake judicial notice of records of any court,), O'Boyle v. Morgan & Sveetapple, et el. Case No. 2015 CA 001737 (AJ) 13. O' Boyle has also filed at least four federal lawsuits against the Town. rn0'13ovlev. Town of Gulf Stream. 13 -ev- 80530 -DMM ("O'Boyle 1'7, O'Boyle sued the Town claiming that certain political paintings on the side of his residence constituted protected speech and that the Town's efforts to enforce its code of ordinances us to the paintings violated his rights under the First Amendment. See 13- cv- 80530 -DMM, DE 1. After the Court denied O'Boyle's motion for a preliminary injunction and atemporeryresuainingorder,§., q13 -cv- 80530- DMM,DE28,theparties filed a stipulation for dismissal, and the Court dismissed the case with prejudice. 13- cv- 80530- DMM, DE 45, 47. 14. In O'Boyle v. Town of Gulf Stream. et al. 14-cv- 80317 -DMM ("O'Boyle O'Boyle sued the Town, Town ManagerThri Sher, and Police Chief Garrett Ward underfederal and state law based upon the Town's efforts to enforce its sign ordinanceduring O'Boyle'sunsuccessful attempt to secure a sent on the Town cormnission. 14-cv- 80317 -DMM, DE 28. In O'Boyle B, the Honorable Donald M. Middlebrooks dismissed the claims against Town Manager Thrasher and Chief Ward on November 24, 2014, because the individual defendants were entitled to qualified immunity. 14- cv- 80317 -DMM, DE 49 at 24 -30. On March 31, 2015, Judge Middlebrooks granted the Town's motion for summary judgment, ruling in the Town's favor on all remaining claims. 14- cv- 80317 -DMM, DE 93. For each referenced record, the Defendants have provided the case number and docket entry number for case of identification. O'Boyle V. Morgan & Sweetapple, ct al. Cosc No. 2015 CA 001737 (A,t) 15. On September 12, 2014, O'Boyle filed suit against Town Mayor Scott Morgan and an attorney engaged to represent the Town, Robert A, Sweetapple, Esq, O'Boyle v. Morgan, et al.. 14- cv- 81250- KAM( "2' o le '), In O'Boyle O'Boyle asserted claims against Mayor Morgan and Sweetapple for slander, libel, First Amendment retaliation, "civil conspiracy;' conspiracy to commit slander, and conspiracyto commit FirstAmendment retaliation. 14 -cv- 81250 -KAM, DE 1 -2. Mayor Morgan and Mr. Sweetapple have filed motions to dismiss. 16. On September 26, 2014, O'Boyle Filed suit against Police Chief Garrett. Ward, Town Manager Thrasher, and the Town. O'Bovle v. Thrasher. et al., CaseNo.r 14- 81248 -CIV- HURLEY, DE 1 -1 ("O'Boyle N'). In O'Boyle IV, which was based on two separate encounters at the Town building, O'Boyle alleged claims under 42 U.S.C. § 1983 for the allegedly improper seizures of his documents and person, and also alleged claims under slate law for alleged assault and battery. After the defendants filed a,Motion to Dismiss, the Honorable Daniel T, K. Hurley dismissed the claims with prejudice. 14- 81248- CIV - HURLEY, DE 22. 17, On February 12, 2015, the Town and others frledsuit against Martin O'Boyle, current and former members of the O'Boyle Law Firm (including O'Boyle's son), and others alleging that they had violated the federal Racketeer Influenced and Corrupt Organizations Act ("RICO ") by engaging in scheme to defraud and extort money from the plaintiffs. The scheme involved the submission of frivolous public records requests that were intentionally inconspicuous and then demanding that these municipal entities and agencies immediately settle for an inflated amount of attorney's fees or face protracted litigation. The conduct involved a flurryoffrivolous public records O'Boyle v. Morgan & Sweetappto, at al. Case No. 2015 CA 001737 (A.) request and improper lawsuits. Town of Gulf Stream, at al.. v. Martin O'Boyle at al Case No.: 9 :l5 -cv- 80182 -KAM, DE 1 C' 'Bovle V"). 18. In response to the Town recent successes against O'Boyle's campaign of litigation- For - profit, this lawsuit seeks to gain an informational advantage by compelling the Town to publicize its litigation activities. Florida law confirms that the Defendants are not obligated to telegraph their litigation strategy to the Plaintiffs, and that the Court should deny relief. 1Y. MEMORANDUM OF LAw A. The Sunshine Law Claims 19. Ile Sunshine Law states: All meet inesofany board or commission of any state agency or authority orofany agency or authority of any county, municipal corporation, ar political subdivision, except as otherwise provided in the Constitution, including meetings with orattended by any person elected to such board or commission, but who has not yet taken office, at which offi cia I acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting. § 286 .011.FIa.Stat. (emphasis added). "[ W]here officials have violated section 286 .011, the official action is void abinitio." Sarasata Citizens for ResoonsibleGov 'tv City of Sarasota. 48 So. 3d 755, 762 (Fla. 2010). 1. The Bar Complaints 20. In Counts I and IT, O'Boyle claims that Mayor Morgan, Commissioner Orthwein, and the Town attorneys violated the Sunshine Law when Mayor Morgan signed the documents sent to the Florida Bar alleging misconduct on the pan of current and former members of the O'Boyle Law Firm, O'Boyle's counsel in the lawsuit. Compl, at a1, 1128-30,41-71, O'Boyle argues that bleyor O'Boyle V. Morgan & Sweetapple, at al. Case No. 2015 CA 001737 (A.t) Morgan's "filing of the bar complaints" constituted formal action which did not occur at a public meeting, and that the Bar Complaints are, therefore, "void." Compl. at Tj 54 -55. He seeks a declaration that the filing of the bar complaint violated the Sunshine Law. He also seeks an injunction preventing Mayor Morgan from taking formal actions in violation of the Sunshine Low, and attorneys' fees and cost. Camp, at 11, 12. 21. O'Boyle's claims involving the Bar Complaints is facially defective. First, the filing of a bur complaint is not an "official act" or "formal action" which required Town commission approval. Section 286.011 (1) is expressly limited to meetings "at which official acts are to be taken," and provides that any `resolution, rule, or formal action" taken at non - complaint meeting Is not binding. A bar complaint -- the vehicle for advising the Florida Box of misconduct on the part of an attorney — is not a "resolution, rule, or formal action." Such a complaint does not bind the Town to any future conduct or to the payment of any expenditures. Since the filing afthe Bar Complaints was not "formal action" as a matter of law, the Sunshine Law does not apply in die first instance. 22. While O'Boyle complains that he was denied an opportunity to be heard regarding the decision to file the Bar Complaints, 311 Comp, at 170, that argument improperly assumes that a public discussion was ever required. The Rules Regulating the Florida Bar require attorneys to report violations of the Rules of Professional Conduct which raise "substantial question as to [a] lawyer's honesty, trustworthiness, or fitness as a lawyerin other respects," R. Reg. Fla. Bar 4- 8.3(1), As a result, the Town's attorneys (Defendants Randolph, O'Connor, and Sweetapple) were affirmatively obligated to ensure that the Florida Bar was advised of possible misconduct by the O'Boyle v. Morgan & Sweetapple, et al. Case No. 2015 CA 001737 (A.i) O'Boyle Law Firm. That obligation existed regardless of any authorization by the Town Commission. 23. Second, any meeting betweeo Mayor Morgan and the attorneys cannot be characterized as a meeting of "a board or commission" under the Sunshine Law. Only Mayor Morgan is a member of the Town Commission. According to the text of the Sunshine Law, his meetings with the Town's attorneys were not required to be conducted during a public meeting. The Sunshine Law only applies to "'gathering ofthe members of the Board where the members deal with some matter on which foreseeable action will be taken by the Board." Toler v. Sch. Bd. .398 So. 2d 427, 428 (Fla. 199 1) (emphasis added); Fla. Parole & Prob. Corn v. Thomas 364 So. 2d 480, 481 (Fla. 1st DCA 1978) ( "It is clear that requisite to the application of the Sunshine Law is a meeting of two or more public officials. "). Since Counts I and 11 fail to allege any discussions among two members ofthe Town Commission, the claims are fatally defective. 24. Third, the Court is unable to grant O'Boyle the relief he seeks. On its face, the Complaint seeks an injunction preventing future violations of the Sunshine Law by Mayor Morgan. 4$M Compl. at 11, 12. However, the Fourth District has held that requests for such blanket injunctions are improper. See Citizens for Sunshine Inc v Sch. Bd. of Martin County, 125 So. 3d 184,189 (Fla. 4th DCA 2013) ( Mo the extent theplaintiff requested the circuit courtto enjoin the defendants from holding additional tumoticed meetings in general, such ablanket request is legally insufficient'); Port Evemlades Auth v Lnt'I Longshoremen's Assn Local 1922-1, 652 So. 2d 1169, 1173 (Flo. 4th DCA 1995) ( "[WIltile a court cannot issue a blanket order enjoining any violation of the Sunshine Law on a showing that it was violated in particular respects, a court may 10 O'Boyle Y. Morgan & Sweetapple, el al. Case No. 2015 CA OD1737 (AJ) enjoin a future violation that bears some resemblance to the past violation. The future conduct must be specified, with such reasonable definiteness and certainty that the defendant could readily know that it must refrain from doing without speculation and conjecture.') (citation and quotation omitted) 25. In essence, O'Boyle asks the Court to provide a "judicial withdrawal" of the Bar Complaints See Compl, al 1154, 55 (alleging that "Morgan's August 25, 2014 filing of the bar complaint constituted formal actions under §286.011, Fla. Stst., wbich had to occur at an open public meeting under the Sunshine Law," and that "[t]he Failure to perform the act at an open public meeting constitutes irreparable harm to the public and is void.'). Under Sunshine Law, an official action which was not adopted at a public meeting "is void ab initio." See Sarasota Citizens fo1 Responsible Govt v., 48 So. 3d at 762; =Grapski v. City of Alachua, 31 So. 3d 193, 200 (Fla. Ist DCA 2D 10) (declaring "the City's approval of those [meeting m]inutes null and void ob initim "). 26. A bar complaint, unlike a municipal resolution or ordinance, cannot be declared void ab initio. Under the Rules Regulating the Florida Bar, the complainant (here, the Town) is not a party to time bar proceeding and has no rights other than that of a witness. R. Reg. Fla. Bar 3- 7.30), 3- 7.6(7c). The Florida Bar is obligated to continue in the bar proceeding regardless of "unwillingness" or "neglect" by the complainant. Id 27. Now that the bar proceeding has been commenced, it cannotsimply be "withdrawn." As a result, the bar proceedings against the O'Boyle Law Firm will continue despite any judicial intervention. Since O'Boyle s request for relief is futile, Counts I and 11 should be dismissed. 11 O'Boyle v. Morgan & Sweetapptq et e4 Case No. 2015 CA 001737 (A.) 2. The Litigation Strategy Decisions 28. In Counts III and IV, O'Boyle alleges that Mayor Morgan and attorney O'Connor violated the Sunshine Law when Mayor Morgan directed O'Connor to move for protective orders after O' Boyle attempted to depose Town residents in a public records case. Compl,atpg27,74,77, 81. These claims are subject to dismissal for several reasons. 29. First, Mayor Morgan and O'Connor are not, collectively, a board or commission subject to the requirements of the Sunshine Law. Again, the Sunshine Law only applies to "gathering of the members of the Board where the members deal with some matter on which foreseeable action will be taken bytheBoard." 12LaL 398 So. 2d x1428; Thomas .364 So. 2d at 481. Since Mayor bfargan is the only member of the Town Commission, his meetings with O'Connor, an attorney representing the Town, were not subject to the Sunshine Law. 3& Second, the filing ofa motion for a protective order is not an "official act" or "formal action' which required any commission approval. Instead, section 286.011(1) is expressly limited to meetings "at which official acts are to be taken," and applies to "resolution[s], rule[s], or formal action" taken at such meetings. The Sunshine Law does not require an attorney representing a municipality to conducts publicmeetiog and then subject all litigation decisions to public disclosure and comment. As in representing any private organization, attorneys representing municipalities routinely exercise independent professional judgment when making litigation decisions on behalf of their clients. Whether to file a particular motion and whether to oppose a discovery request are among the various pinpoint decisions the client purchases collectively when engaging an attorney to provide representation. Tire Plaintiffs effort to fractionalize the bundle of services provided by 12 O'Boyle v. Morgan & Sivoetapple, et al. Case No. 2015 CA 001737 (A.) an attorney and then require approval of each fraction is both unreasonable and impossible to implement, Even if the Plaintiff were successful in advancing such a silly notion, the Sunshine Law does not require it' 31. This conclusion is supported by the case law. In Bassett v. Braddock the Florida Supreme Court held that an attorney representing a governmental bodyproperly met privately with employee representatives to negotiate a collective bargaining agreement without violating the Sunshine Law 262 So. 2d 435 (Fla. 1972). The meetings at issue here cannot be distinguished from those in Bassett. Accordingly, Counts III and R' must be dismissed, 3. The Settlement Negotiations 32, Counts V and VI assert that Mayor Morgan and the Town's attorneys violated the Sunshine Law by engaging in settlement negotiations without convening commission meetings Compl. at $1 84 -101. O'Boyle alleges that Mayor Morgan, O'Connor, and Co- Defendant Robert Sweetapplc violated the Sunshine Law on September 3, 2014, when they met with a Town resident to discuss settlement options and "assured' ' that the Town Commission wuuld approve the proposed settlement, See Compl. at 11186-88. O'Boyle also alleges that the Town violated the Sunshine Law when an unidentified Town attorney rejected one of O'Boyle's offers and issued a counteroffer 'The appropriateness of the decision to file the motion for protective in the public records case (502014CAO0S076XXXXMB AD) and the baseless and vindictive nature of O'Boyle's effort to take the depositions are confirmed by the content of the Town's motion, O'Boyle's response, and the Court's order granting the Town's motion. Pursuant to Rules 90.202(6) and 90.203, the Defendants request that the Court take judicial notice of these filings. Contemporaneous with this Motion, copies of the referenced documents have been filed with Court in a separate filing. 13 O'Boyle V. Morgan & Swcewpple, at al, Case No. 2015 CA 001737 (A.0 without first convening a Commission meeting. Compl. at 1195-98. Neither claim establishes a Sunshine Law violation. 33. Once again, since the Sunshine Law only applies to "gathering of the members ofthe Board," the Sunshine Law did not apply to the September 3, 2014, settlement meeting attended only by a single board member, Mayor Morgan, 5se Tolar. 398 So. 2d at 428; Thomas, 364 So. 2d at 481. 34, Moreover, Mayor Morgan's attendance during the meetings and his alleged statements during the settlement conference were in accordance with the rules regarding mediation. The Florida Rules of Civil Procedureprovide that a public entity is "deemed to appear at amediation conference by the physical appearance of a representative with full authority to negotiate on behalf of the entity and to recommend settlement to the appropriate decision - malting body of the entity." Fla. R. Civ. P. 1,720(d). As a result, having a single commissioner attend a settlement conference and then recommend settlement to the other commissioners at a public meeting (ifneeded) complies with Rule 1.720(b) and — as a pure matter of law — does not violate the Sunshine Law. 35. O'Boyle's claim regardinghis purported offer and the Town's purported counteroffer fails for similar reasons. O'Boyle alleges that one of the Town's attorneys rejected his offer and issued a counteroffer without convening a meeting of the Town Commission. See Compl. atJJ 95- 98. Since a Town attorney is not a member of the Commission, a Town attorney is not subject to the Sunshine Law. Moreover, the counsel for Town is entitled to engage in the negotiation process. Only the Town has the power to accept a final settlement Based on various factors, including perceptions of risk, considerations of cost, and avert political factors, the Town Commission is never bound to anyrecommendationprovided by its representatives who attend any settlement conference. 14 O'Boyle v, Morgan & Sweetapple, et a]. Case No. 2515 CA 001737 (AJ) Instead, based on the information provided, the Town Commission can elect any coarse of action it deems appropriate, even issue a settlement proposal never discussed during the settlement conference. O'Boyle's limited understanding of the settlement process only confirms the invalidity of his claim's in Counts V and VI. Both claims should be dismissed. B. The Public Records Claims 1. The Redacted Billing Records 36. 'rhe Public Records Act expressly states that "[ilt is the policy of this state that all stoic, county, and municipal records are open for personal inspection and copying by any person." § l 19.01(1), Fla. Start. (2012); See Liehtbonme v. McCollum. 969 So. 2d 326, 332 (Fla. 2007); Barfield v. Sch. Bd., 135 So. 3d 560, 561 -562 (Fla. 2d DCA 2014). Chapter 119 exempts certain documents liom production including those that contain "work product." _,qeq l l9.071(l)(d)l, Fla. Stat. Section 119,071(1)(d)l provides: A public record that was prepared by an agency (including an attorney employed or retained by the agency or employed or retained by another public officer or agency to protect or represent the interests of the agency having custody of the record) or prepared at the attorney's express direction, that reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the agency, and that was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings, or that was prepared in anticipation ofimminent civil or criminal litigation or imminent adversarial administrative proceedings, is exempt from s. 119.07(1) and s. 24(a), Art. I of the State constitution until the conclusion of the litigation or adversarial administrative proceedings. The exemption extends to those records that contain the attorney's mental impressions, litigation strategy, or legal theory and are prepared exclusively for litigation or in anticipation of imminent litigation. Linhtboume, 969 So. 2d at 332. ]5 O'Boyle V. Morgan & Sweetappte, ct a1. Case No. 2015 CA 001737 (A.1) 37. O'Boyle's allegation that the billing records were improperly redacted is insufficient to state a claim against the Town. The attached document establishes that the Town redacted portion of the billing records pursuant to the "workpraduct" exemption in section 119.071(1)(d)1. See Compl., Ex. D. O'Boyle has not alleged that the Town's assertion of the exemption was improper or without merit. Since he has failed to allege the exemption is improper, he has failed to state a claim upon which relief may be granted in Count VII. 2. TheTextMessages 38. The allegations in Count Vlll regarding allegedly unproduced text messages an Mayor Morgan's cell phone do not establish a claim under Chapter 119 because the requested text messages are nolpublic records, 'Tublic tccords"mcans all documents,papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency, See § 119.011(12), Fla. StaL 39. Florida courts have consistently held that merely because a written communication is sent to or received by aTown official does not trensformthe communication into a "public record" under Chapter 119. In State v. City of Clearwater. the Florida Supreme Court analyzed the issue of whether a -mails are considered public records. There, a reporter requested that the city provide copies of all c -mails either sent from or received by two city employees over the city's computer network. 863 So. 2d 149, 150 (Fla 2003). At issue was whether the e- mails, by virtue of the city's possession an their network, were public records, 1d• at 151. The Court concluded that the 16 O'Boyle V. Morgan & Swcetapple, et al. Casa No. 2015 CA 001737 (A.p definition of public records is limited to public information related to records, and further defined the term "records" as those materials that have been prepared with the intent of perpetuating or formalizing knowledge. Id. at 154. The Court emphasized that the mere placement of an e-mail on a government network is not controlling in determining whether it is public record, but rather, whether the e-mail is prepared in connection with the official business ofan agency and is "intended to perpetuate, communicate, or formalize knowledge of some type." Id. (quoting Shevin. 379 So 2d at 640); Butler c. City of Hallandale Beach. 68 So. 3d 278, 279 (Fla. 4th DCA 2011). 40. Here, O'Boyle alleges that merely because Mayor Morgan received text messages, the text messages automatically hold the status of public records under Chapter 119. Sec Comp. at T 120 (alleging that O'Boyle requested "ail text messages sent or received by or for Scott hforgan., "). However, merely because Mayor Morganhad been sworn in as a Town Commissioner does not convert his text messages into public records, To be a public record, the text messages must be made pursuant to an official duty and must be created with the intent to formalize knowledge. See Upez v. Stain. 696 So. 2d 725, 728 (Fla. 1997) (holding handwritten notes of state attorney were not "public record" by definition); State v. Kokal. 562 So. 2d 324, 327 (Fla. 1990) (holding that pretrial materials which include notes from the attorneys to themselves designed for their own personal use iaremembering certain things or preliminary guides intended to aid the attorneys when they later formalize their knowledge are not within the term "public record. "). Since O'Boyle fails to allege that any such text messages were withheld, Count VIll is facially insufficient and should be dismissed. 17 O'Boyle v. Morgau & Sweetapple, et at. Case No. 2015 CA OO1737 (Ad) 41. In addition, O'Boyle's unsupported speculation of the existence of additional, unproduced text messages is insufficient to state claim under the Public Records Act. The Florida Supreme Court has "consistently ., upheld the summary denial of public records claims based on a defendant's mere speculation about the existmee ofunproduced records." Johnson v. State. 904 So, 2d 400, 404 (Fla. 2005) (mere allegation that FDLE may have been withholding additional relevant documents because prior production was tardy "amounts to a 'fishing expedition for records "); accord Garcia v. State, 949 So. 2d 980, 987 (Fla, 2006); see also Moore v. State 820 So.2d 199, 204 (Fla. 2002) (rejecting a public records claim because "importantly, (the defendant] has made no showing that there is any additional information that has not been disclosed'). 42, Here, O'Boyle alleges that more text messages must exist because Mayor Morgan stated that he only responded to text messages on the weekends. ee Compl. at 1123. O'Boyle's assumption that Mayor Morgan's musthave been receiving and, therefore, responding to more text messages is the type of "mere speculation" found insufficient by the Florida Supreme Court. Sr Johnson 904 So. 2d at 404; Garcia 949 So. 2d at 987; Moore , 820 So. 2d at 204. For this reason, Count VIII should be dismissed. V. CONCLUSION The Plaintiffs are engaging in a form of retaliation masquerading as litigation. None of the claims can he reconciled with a reading of the Sunshine Law or Public Records Act, and none ofthe claims relies uponany supporting authority. The harassment should end, and the Court should issue an order dismissing the Complaint with prejudice. 19 O'Boyle v. Morgan & Sweetapple, of A. Case No. 2015 CA 001737 (AJ) CERTIFICATE OF SERVICE i HEREBY CERTIFY that a true and correct copy of the above and foregoing was SERVED and FIL ET) through Florida Courts E -filing Portal to William F. Ring, Esq., ( obovlecourtdoes0oboylelawfirm.com & wrine(alobovlelawfirm.com), Attorney Far Plaintiffs, The O'Boyle Law Firm, P.0 ,1286 WestNewport Center Drive, Deerfield Beach, FL33442 on this 15th day of April 2015, JOHNSON, ANSELMO, MURDOCH, BURKE PIPER & HOCHMAN, P.A. Attorneys for Defendants 2455 E. Sunrise Boulevard Suite 1000 Fort Lauderdale, Florida 33304 Tel: (954) 463 -0100 Fax: (954)463 -2444 By: JEFFREY L. HOCHM Florida Bar Number: 902098 HUDSON C. GILL Florida Bar Number: 15274 W-1 Town Commission Regular Meeting December 12, 2014 @ 9:00 A.M. is more the sanctity of our drinking water. He stated that as sea levels rise from underneath our drinking water becomes more saline and over time we're going to have to do some things. But, we're not going to have to do it, Delray will have to do it because Delray supplies our water. So we will participate with them to provide support and in some cases, incite to the differences between one municipality verses another. He believed that this was a good idea for them to alert us to what they were doing but felt we could have found out just as easily by reading the newspaper. Mayor Morgan thanked the Vice Mayor for elucidating that and said he had been a little confused by it, but he did take the initiative of reading their plan, and as long as it was, it did call, as he read it, for considerable interaction from local municipalities and municipal offices. However, he appreciated being kept advised as to what others are doing. Vice Mayor Ganger replied that he may end up going to that congress because they would like to have a representative from every municipality and he thinks it's interesting. He believed we need to be kept informed and focused to economic issues to prepare for inevitable increases in the price of flood insurance and ensure that FEMA and the people that are responsible for the assessment of the risk that we're going to be taking are informed that we are working on mitigating those risks as best we can and therefore don't keep raising our flood insurance rates beyond that which is appropriate. Mayor Morgan advised that is part of the resolution 14 -17 that will be discussed in a few minutes. XI. Items for Commission Action. A. Items by Mayor and Commissioners. Mayor Morgan advised that he had an item. He stated that as all know, on behalf of the Town, he filed complaints before the Bar against members of the O'Boyle law firm for unethical misconduct and against Jonathan O'Boyle specifically for unlicensed practice of law. He stated doing that and that he always considered it, he didn't think there was any question about it, the implicit direction of this commission to work with our attorneys or special counsel and our existing Jones Foster law firm, in defending the cases against us and advancing all claims that the attorneys felt were necessary. He stated that the counsel for Mr. O'Boyle had raised a question of that saying that the Mayor was not authorized by the commission to file those complaints. He states that he didn't think it is an issue, but wants to make sure we cover all bases. He is requesting a retroactive commission approval of his submission of these complaints 15 F A Town Commission Regular Meeting December 12, 2014 @ 9:00 A.M. to the Bar Association and he would like to have that discussed now, and stated that perhaps Mr. Randolph could touch on it. Mr. Randolph stated that as the Mayor has indicated, he believes it was implicit by his previous action to authorize the Mayor to take such actions. But because the issue has been raised, he thought it would be appropriate for the Commission to ratify retroactively the 4 actions that have been taken by the Mayor in that regard. To be specific what we would look for is a motion that the Town Commission ratify Mayor Morgan's August 25, 2014 filing of a complaint against the O'Boyle law firm, William Ring, Giovanni Mesa, Nicholas Taylor, Rhonda Williams and Ryan Whitmer with the Florida Bar's Attorney, Consumer Assistance program, ACAP, and a complaint against Jonathan O'Boyle with the Florida Bar's unlicensed Practice of Law Division, he said. Included in that motion would also be that the Town Commission authorizes Mayor Morgan and /or the Town's legal counsel at Jones, Foster, Johnson 5 Stubbs PA, Richmond Greer PA and Sweet Apple Broker and Vargas PL to communicate with ACAP, the Florida Bar and counsel for the respondents on behalf of the Town in regard to those complaints. So if the Commission wishes to ratify that action based upon previous direction, such a motion would be appropriate. Vice Mayor Ganger advised that he had a comment first, then a Motion. He believes personally and he believes his colleagues all accept that implicitly, way back over a considerable period of time, this is precisely what we had expected to have happen and, therefore, he thinks that the complaints are kind of procedural. He moved that that motion as stated by Attorney Randolph be accepted. Commissioner White seconded the motion. Mr. O'Hare stepped forward to make a comment and said that for years Jones Foster had represented this Town without an agreement and at a public record request, no agreement exists. He states that's an ethics violation of the Florida Statutes and that he's glad you're finally fixing that and it's about time. In regard to retroactively covering your sunshine Violation, I don't think that's going to work. Thank you. Mayor Morgan thanked Mr. O'Hare. The Town Clerk continued with the roll call with all voting AYE at roll call. Mr. Thrasher asked to make a comment and advised that in regard to that topic. He said he sat through those meetings and it was certainly his understanding as Town Manager that it was your responsibility to act 16 Town Commisslon Regular Meeting December 12, 2014 @ 9:00 A.M. in a manner that you thought would protect our Town, which he thought you did. In no way did he feel as though he should have stepped forward and signed anything of that nature. His understanding of the meeting and his understanding of the actions that the Mayor had taken were exactly what was asked of the Mayor, he said, and in that regard he thanked him. Commissioner Orthwein commented that she agreed with Mr. Thrasher, and that they talked about it at a meeting and gave Mayor Morgan explicit directions to be at the head of the Commission for their litigation, and she believed he was acting exactly as he should have. Mayor Morgan thanked Mr. Thrasher and Commissioner Orthwein. B. Ordinance Section 70 -71 -C Mayor Morgan advised that this Ordinance was a modification of Town Code which was passed not too long ago that gave incentives to builders and architects if they created more interest in the design of homes. It was to grant them additional square footage. That has not borne out the way we wanted it to bear out as was indicated by some of the homes that have gone up recently, He stated that Mr. Thrasher could explain better than he could as to what the issues were. Mr. Thrasher advised that it relates to the intent of the incentive which was to create architectural elements within a two -story structure that in essence did not make the home appear as though it was a big, large black. He advised that some architects are very creative and they have used this technique to, in essence, just add 5% more square footage to the home that they proposed. He stated there are examples that he could articulate, but he will not go in that direction unless asked, but believes that this particular section of Code has been added should be repealed, or at least reviewed, and so until that is discussed at the ARPB and ultimately back to the Commission, he believed some kind of action should be taken to see that this sort of building doesn't take place in the near future. Commissioner Orthwein commented that she had expected to see some more architectural features and some creativity and all that has been accomplished is more massiveness. She asked if there was any way that this can be reworded that would encourage creativity. Mr. Thrasher stated that it is possible, but a review is needed. Now it's open for interpretation and it goes back to an idea or concept that some architects respect the intent of the Code. He stated that it may not be literal, but that they respect the intent of the Code and actually augment their architectural design to align with that. 17 Macfarlane, Mary From: scottmorgan75 @gmail.com Sent: Thursday, May 21, 2015 10:17 AM To: Kelly Avery Subject: Letter for Printing Attachments: Town Motion to Dismiss 4- 16- 15.PDF; Fla Bar -U PL,Vazquez.1e.5- 21- 15.docx Hi Kelly, Would you please put the attached letter on letterhead for my signature. Also, I've included the Motion to Dismiss, which is Exhibit E, in case you do not already have it. Let me know when this is ready and I'll stop by to sign it. Thanks. Scott W. Morgan 1315 Neptune Dr. Boynton Beach, FL 33426 (561) 752-1936 May 21, 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 for your review 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: any Pennsylvania Interest On Lawyer Trust Account (IOLTA) bank name, location and account number for client funds held by Jonathan R. O'Boyle, PC and /or the O'Boyle Law Firm, if any, per PA Rules of Disciplinary Enforcement, supra, at Section 219(d)(1)(iii); 11. Bank information: every Business Operating Account maintained or utilized by Jonathan R. O'Boyle, PC and /or the O'Boyle Law Firm in 2014, specifically the financial institution, locations and account number, as required by the PA Rules of Disciplinary Enforcement, supra, at Section 219(d)(1)(v); 12. Proof of Pennsylvania Continuing Legal Education (CLE) Compliance Certification for Jonathan O'Boyle for 2014; 13. Proof of 2013 and /or 2014 membership, if any, in Philadelphia Bar Association and /or Pennsylvania Bar Association; 14. Proof of pro bono legal services performed at anytime in Philadelphia County; 15. Names /docket numbers of all Out of State (not Florida) lawsuits involving Jonathan R. O'Boyle, PC and /or the O'Boyle Law Firm; 16. 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) 17. The 2014 and 2015 leases between the O'Boyle Law Firm and the owner of 1280 & 1286 W. Newport Dr., Deerfield Beach, FL; 18. Copy of Jonathan O'Boyle's Voter's Registration for 2013, 2014 and 2015. Finally, I would like to briefly respond to Mr. Tozian's assertion that the UPL complaint and related Bar complaints filed by me are somehow void as not authorized by the Town Commission. This argument was rebutted by counsel representing the Town of Gulf Stream, the Town's outside counsel, and me in a recently filed Motion to Dismiss an action brought against us by Jonathan O'Boyle's father, Martin O'Boyle, Martin E. O'Boyle and Asset Enhancement Inc. v. Town of Gulf Stream, et al., Case No. 2015 -CA- 001737 (AJ) (15`h Judicial Circuit in and for Palm Beach County). As detailed in that Motion, no ratification of the Bar or UPL complaints was required by the Sunshine Law: "[T]he filing of a bar complaint is not an "official act" or "formal action" which required Town commission approval. Section 286.011(1) is expressly limited to meetings at which official acts are to be taken," and provides that any "resolution, rule or formal action" taken at non- complaint meeting is not binding. A bar complaint -- the vehicle for advising the Florida Bar of misconduct on the part of an attorney -- is not a "resolution, rule, or formal action." Such a complaint does not bind the Town to any future conduct or to the payment of any expenditures. Since the filing of the Bar Complaints was not "formal action" as a matter of law, the Sunshine Law does not apply in the first instance." (See Motion to Dismiss, p. 9, paragraph 21, attached hereto as Exhibit E) Regardless, even though Commission approval was not necessary, the fact remains that I was at all times authorized by the Town Commission to work with outside counsel to assist with the defense of the public records suits brought against the Town by the O'Boyle Law Firm, including Jonathan O'Boyle, and to advance any claims in response, including the instant UPL complaint. That authority was formally ratified by the Town Commission at its meeting on December 12, 2014. (See pages 15 -17 of the Town Commission Minutes from Dec. 12, 2014, attached hereto as Exhibit F) In light of the foregoing, there should be no question but that the pending UPS and Bar complaints are valid. Sincerely, Scott W. Morgan, Mayor Town of Gulf Stream c.c. Scott K. Tozian, Esq. LAW OFFICES JOIiNSON, ANSELMO, MURDOCH, BURKE, PIPER & HOCHMAN, P.A. APKOFESSIONAL ASSOCIATION DAMIAN K ALBERT, PA. SCOTT 0. ALEXANDER, P.A. 1465 EAST SUNRISE BOULEVARD W HAMPTON JOHNSON, N MICHAELT, BURKE't SUITE 1000 J. MARCOS MARTINEZ ROBERTE MUROOGH MELISSA BUTTON FORT LAUDERDALE, FL 33304 MICHAEL R. PIPER' HUDSON C. DILL DAVID M. SCHWEIGER. PA JEFFREY L. HOCHMAN, PA. CHRISTOPHER L SMITH I- BRUCEJOHNSON (9$4)4634)100 Bmward CHRISTOPHER J. STEARNS, PA (305) 945 -2000 Dade (591)640 -7448 WPB '90AR0 CFai]Po ®DINE RVALLINT6%C TELECOPIER (954) 493•2444 RONALD RONALD P.ELMO BURL F. GEORGE April 16; 2015 William Thrasher VIA EMAIL Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Re: O'Boyle and Asset Enhancement v. Gulf Stream, et al. Our File: 02015/35111 Case No. 2015 -CA7001737 (AJ) Dear Mr. Thrasher: Enclosed please find a copy of the Motion to Dismiss that we filed on behalf of the Town of Gulf Stream and Scott Morgan in the above - referenced matter. The enclosure argues that the claims under Florida Sunshine Law are deficient (1) because the conduct at issue did not rise to the level offormal governmental action, (2) because 'the alleged discussions between the Town's mayor and the Town's attorneys did not constitute meetings for purposes of the Sunshine Law, and (3) because the Court is not able to provide the specific relief requested by the Plaintiffs, The enclosure also argues that the Plaintiffs claims under the Public Records Act claims are deficient because the Town complied with Florida law and because the requested text messages are not public records. Please note that the enclosure is also supported by a separate notice of filing which includes extensive documents provided to the Courtas background information illustratingg the Plaintiffs' improper efforts in this matter and in his prior lawsuits against the Town of Gulf Stream and its various representatives. If you have any questions about the enclosure, please call. me, JLH/kme Enclosure cc: Scott Morgan by email w /encl. Vee uly yours, (A siov GG chm For th Filing# 261.279.15 E -Filed 04/15/2015 03:04:39 PM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT INAND FOR PALM BEACH COUNTY, FLORIDA CASE NO.., 2015-CA-001 737 (AJ) MARTIN E. O'BOYLE and ASSETENHANCEMENT, INC. , Plaintiff; V. TOWN OF GULF STREAM, ROBERT'A. $WEETAPPLE, SCOTT MORGAN, JOHN C. RANDOLPH,. and JOANNE O'CONNOR Defendants. 'no Defendants, TOWN OF GULF STREAM ( "Town), SCOTT MORGAN ( "Mayor Morgan?), JOIN C. RANDOLPI ("Randolph"), andJOANNE O'CONNOR CO'Connor "), byand through.theirundersigned attorneys and pursuant to Florida Rule of'Civil Procedure 1.140, request entry ofan Order dismissing the Complaint to Enforce Florida's Sunshine and Public Records Laws for Declaratory and Injunctive Relief ( "Complaint") filed by the Plaintiffs, MARTIN E. O'BOYLE ( "O'Boyle'l and ASSET ENHANCEMENT, INC. ("Asset Enhancement" ), and state as fol lows: L INTRODUCTION 1. O'Boyle is a disgruntled resident of the Town. Since '2013; O'Boyle has filed approximately 35 state and federal lawsuits targeting the Town, the Town's elected officials, and the Town's dedicated employees .Ifisnewe$tlawsuitillustrates his addictionto such frivolouslitigation. O'Boyle Y. Morgan & Sweetapple, at al. Case No. 2015 CA 001737 (AJ) 2. In response to recent defeats in two federal cases, and in response to an independent series of complaints filed with the Florida Bar, O'Boyle again engages in his preferred form of retaliation: the filing of a frivolous lawsuit. The Complaint is fatally defective. As a result, the Defendants request that each claim be dismissed at the earliest possible opportunity and that sanctions be entered -- again' -- against O'Boyle. 3. According to the unsupportable theory described in the Complaint, the Town's attorneys cannot exercise independent professional judgment in litigating for the Town without first discussing their decisions during an open public meeting. Not surprisingly, the unsupportable relief O'Boyle requests is (1) a judicially- imposed veto over all Past litigation decisions, including a "judicial withdrawal" of the complaints now pending before the Florida Bar and (2) an injunction requiring the Town's attorneys to discuss each future litigation decision during an open public meeting so that O'Boyle can attend and plan his counter- strategy (and, hopefully avoid yet another litigation defeat). Since the Complaint represents only a self - serving and improper expansion of the obligations imposed upon Florida municipalities under the Sunshine Law and Public Record Act, the Court should dismiss the Complaint and deny O'Boyle the litigation advantage he seeks. In O'Boyle v. Shulman. Roaers, Gandal. Pordv & Lcker. P-A, the United States Court of Appeals discusses the history of sanctions awards issued and modified by the trial court, including an initial sanctions award totaling $1.25 million. The case also discusses the trial court's order requiring O'Boyle "to pay over $1.6 million in fees to the defendants." 436 Fed. Appx. 449, 450 (6th Cir. 2011). 2 O'Boyle v, Margan & Sweetapple, et al. Case No. 2015 CA 001737 (M H. MOTION 4. The eight -court Complaint alleges (1) that Mayor Morgan and the Town-violated section 286.011(1), Florida Statutes (hereinafter "Sunshine Law'), by filing the Sat Complaints withoui firstconducting a publicmeeting (Counts.1 and 11), (2) that Mayor Morgan, Town Attorney Joanne O'Connor„ and the Town violated the Sunshine Law by seeking protective orders . for witnesses subpoenaed by O'Boyle in a public records case without first conductingapublic meeting (Counts III and IV), (3) that Mayor Morgan, Town Attorney Robert Sweetapple Town Attorney O'Connor, and the Town violated the Sunshine Law by engaging in settlement discussions without first conducting a,public meeting (Counts V and VD, (4) that the Town violated Chapter 119,o €the Florida. Statutes ("Public - Records Act") by redacting work- product information from the billing records for a Town attorney (Count V1l), and (5) that the Town violated the Public Records Act by failing to disclose some of Mayor Morgan's text messages (Count VIII). 5. The, Plaintiffs seek identical relief for each Sunshine Law claim: (1) that the Court declare that the Defendants' conduct violated the Sunshine Law, (2) that the Court enjoin the Defendants from taking such action in the future; and (3) that the Court award attorney s fees and costs. le—e Compl. at 111, 11,13- 14,14- 15,16,18,19 -20. 6. The Plaintiffs also seek identical xlief for each Public Records Act claim; (1) that the Court declare that the Town violated the Public Records Act; (2) that the Court order the Town to allow inspection, copying and photographing of the requested.records, and (3) that the .Court award attorney's fees and costs, ,Rag Compl'. at 2 t; 22 -23. 3 O'Boyle Y. Morgan & Sweetapple, et al. Case No. 20,15 CA 001737 (A.n 7. The Court should dismiss Counts I and II against Mayor Morgan and the Town -- alleging violations of the Sunshine Law for filing the Bar Complaints — for the following reasons: (a) The filing of abar complaint is not an "official act" or "formal action" which required commission approval; (b) The meetings between Mayor Morgan and the Town's attomeys did not constitute a meeting of board or commission; and (c) The Court is unable to grant the specific relief at issue, i.e., the judicial withdrawal of the Bar Complaints. 8, The Court should dismiss Counts III and 1V against Mayor Morgan, Attorney O'Connor, and the Town -- alleging violations of the Sunshine Law for filing motions for a protective order in response to witness subpoenas issued by O'Boyle -- for the following reasons; (a) Mayor Morgan and Attorney O'Connor are not, collectively, a board or commission subject to the requirements of the Sunshine Law; and (b) The filing of amotion for aproteotive order is not an "official act" or "formal action" which required commission approval. 9. The Court should dismiss Counts V and VI against Mayor Morgan, Attorneys Sweetapple and O'Connor, and the Town -- alleging violations of the Sunshine Law for engaging in settlement discussions -- for the following reasons: (a) The alleged settlement negotiations attended by Mayor Morgan and the Town's attorneys were not subject to the Sunshine Law because they are not meetings of board or commission; and 4 O'Boyle v. Morgan & Sweetapple, et al. Case Nu. 1015 CA 001737 (A3) (b) The alleged settlement negotiations were conducted in accordance with the Florida rules governing mediation and readily distinguished from settlement approvals: 10. The Court should dismiss Count VIl against the Town — alleging violations of the Public Records Act by providing redacted billing records (with work - product information being removed from Attorney Sweetapple's bills) -- because the redacted items are subject to legitimate and unchallenged exemptions under the Public Records Act. 11, The Court should dismiss Count VIII against the Town -- alleging violations of the Public Records Act by failing to provide Mayor Morgan's text messages -- because the requested text messages are not public records under the Public Record Act. WHEREFORE, the Defendants, TOWN OF GULF STREAM, SCOTTMORGAN, JOHN C. RANDOLPH, and JOANNE O'CONNOR, request entry of an Order dismissing each claim asserted by the Plaintiffs, MARTIN E. O'BOYLE and ASSET ENHANCEMENT, INC., in the Complaint, together with such additional relief the Court deems just and proper. 111. O'BOYLE's LITIGATION HISTORY WITH THE TOWN 12. As of January 9, 2015, O'Boyle had filed "approximately 29 lawsuits against the Town for alleged violations of the Public Records Law," and was then "engaged in 12 lawsuits against the Town relating to alleged violations of the Public Records Law." O'Boyle v. Morgan, at al., 14 -cv- 81250 -KAM, DE 1 -2 at ¶¶ 10-12.' Pursuant to Florida Rules of Evidence 90.202(6) and 90.203, the Defendants request that the Court take judicial notice of the filings in the related federal and state cases involving O'Boyle and the Town. gee Turner v. City of Clearwater, 789 So. 2d 273, 281 (Fla. 2001) (stating that under section 90,202(b), "a court may take judicial notice of records of any court. ,,), O'Boyle v. Morgan & Sweetapple, et al. Case No. 2015 CA 001737 (AJ) 13. O'Boyle has also filed at least four federal lawsuits against the Town. In O'Boyle v. Town of Gulf Stream 13 -cv- 80530 -DMM ( "O'Boyle I'D, O'Boyle sued the Town claiming that certain political paintings on the side of his residence constituted protected speech and that the Town's efforts to enforce its code of ordinances as to the paintings violated his rights under the First Amendment Bee 13 -ev- 80530 -DMM, DE 1. After the Court denied O'Boyle's motion for a preliminary injunction and a temporary restraining order,gee 13 -ev- 8 0 53 0- 1)1vfM, DE 28, the parties filed a stipulation for dismissal, and the Court dismissed the case with prejudice. 13- cv- 80530- DMM, DE 45, 47, 14. In O'Boyle v. Town of Gulf Stream, et al., 14-cv-803 I 7-DMM ( "O'Boyle II O'Boyle sued the Town, Town Manager Thrasher, and Police Chief Garrett Ward under federal and state law based upon the t'own's efforts to enforce its sign ordinance during O'Boyle's unsuccessful attempt to secure a seat on the Town commission. 14-cv- 80317 -DMM, DE 28: In O'Boyle the Honorable Donald M. Middlebrooks dismissed the claims against Town Manager Thrasher and Chief Ward on November 24, 2014, because the individual defendants were entitled to qualified immunity. l4 -cv- 80317 -DMM, DB 49 at 24 -30. On March 31, 2015, Judge Middlebrooks granted the Town's motion for summary judgment, ruling in the Town's favor on all remaining claims. 14- cv -80317 -DMM, DE 93. For each referenced record, the Defendants have provided the case number and docket entry number for case of identification. O'Boyle v. Morgan & Sweetapple, et al. Case No. 2015 CA 001737 (AJ) 15. On September 12, 2014, O'Boyle filed suit against Town Mayor Scott Morgan and an attorney engaged to represent the Town, Robert A. Sweetapple, Esq. O'Boyle V. Morgan et al 14 -cv- 81250 -KAM ( "O'Boyle III"). In O'Boyle III. O'Boyle asserted claims against Mayor Morgan and Sweetapple for slander, libel, First Amendment retaliation, "civil conspiracy," conspiracy to commit slander, and conspiracyto commit First Amendment retaliation. 14-ev- 81250 -KAM, DE 1 -2. Mayor Morgan and Mr. Sweetapple have filed motions to dismiss. 16. On September 26, 2014, O'Boyle filed suit against Police Chief Garrett Ward, Town Manager Thrasher, and the Town, O'Boyle v. Thrasher. et al., Case No.: 14- 81248- CIV - BURLEY, DE 1 -1 ("O'Boyle 1V" ). In O'Boyle IV. which was based on two separate encounters at the Town. building, O'BoyIe alleged claims under 42 U.S.C. § 1983 for the allegedly improper seizures of his documents and person, and also alleged claims understate law for alleged assault and battery. After the defendants filed a Motion to Dismiss, the Honorable Daniel T. K. Hurley dismissed the claims with prejudice, 14- 81248 -CIV- HURLEY, DE 22. 17. On February 12, 2015, the Town and others filed suit against Martin O'Boyle, current and former members of the O'Boyle Law Firm (including O'Boyle's son), and others alleging that they had violated the federal Racketeer Influenced and Corrupt Organizations Act ("RICO ") by engaging in scheme to defraud and extort money from the plaintiffs. The scheme involved the submission of frivolous public records requests that were intentionally inconspicuous and then demanding that these municipal entities and agencies immediately settle for an inflated amount of attorney's fees at face protracted litigation, The conduct involved aflmryof frivolous public records O'Boyle v. Morgan & Sweetapple, at al. Case No. 2015 CA 001737 (An request and improper lawsuits. Town of Gulf Stream, at al.. y. Martin O'Boyle, et al., Case No.: 9:15- ev- 80I82 -KAM DE 1 ( "O'Boyle V "). 18. In response to the Town recent successes against O'Boyle's campaign of litigation- for - profit, this lawsuit seeks to gain an informational advantage by compelling the Town to publicize its litigation activities. Florida law confirms that the Defendants are not obligated to telegraph their litigation strategy to the Plaintiffs, and that the Court should deny relief. 1V. MEMORANDUM OF LAW A. The Sunshine Law Claims 19. The Sunshine Law states: All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, including meetings withor attended by anyperson elected to such board or commission, but who has not yet taken office, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting. § 286.011, Fla. Stat. (emphasis added). "( Mhere officials have violated section286 .011, the official action is void ab initio. " Sarasota Citizens for Responsible Gov't v. City of Sarasota 48 So. 3d 755, 762 (Fla. 2010). 1. The Bar Complaints 20. In Counts I and 11, O'Boyle claims that Mayor Morgan, Commissioner Orthwein, and the Town attorneys violated the Sunshine Law when Mayor Morgan signed the documents sent to the Florida Bar alleging misconduct on the part of current and former members of the O'Boyle Law Firm, O'Boyle's counsel in the lawsuit. Compl, at nl, 11[28-30,41-71. O'Boyle argues that Mayor O'Boyle v. Morgan & Sweetapple, et al. Case No. 2015 CA 001737 (A.n Morgan's "filing of the bar complaints" constituted formal action which did act occur at a public meeting, and that the Bar Complaints are, therefore, "void." Compl. at 1154-55. He seeks a declaration that the filing of the bar complaint violated the Sunshine Law. He also seeks an injunction preventing Mayor Morgan from taking formal actions in violation ofthe Sunshine Law, and attorneys' fees and cost. Comp. at 11, 12. 21. O'Boyle'sclaims involving the Bar Complaints is facially defective. First,thefiling of a bar complaint is not an "official act" or "formal action" which required Town commission approval. Section 286.011(1) is expressly limited to meetings "at which official acts are to betaken," and provides that any `resolution, rule, or formal action" taken at non - complaint meeting is not binding. A bar complaint -- the vehicle for advising the Florida Bar of misconduct on the part of an attorney — is not a `resolution, rule, or formal action." Such a complaint does not bind the Town to any future conduct or to the payment of any expenditures. Since the filing of the Bar Complaints was not "formal action" as a matter of law, the Sunshine Law does not apply in the first instance, 22. While O'Boyle complains that he was denied an opportunity to be heard regarding the decision to file the Bar Complaints, see Comp. at ¶ 70, that argument improperly assumes that a public discussion was ever required. The Rules Regulating the Florida Bar require attorneys to report violations of the Rules of professional Conduct which raise "substantial question as to [a] lawyer's honesty, trustworthiness, or fitness as alawyerin other respects." R Reg, Fla, Bar 4-8,3(l). As a result, the Town's attorneys (Defendants Randolph, O'Connor, and Sweetapple) were affirmatively obligated to ensure that the Florida Bar was advised of possible misconduct by the O'Boyle v. Morgan & Sweetappte, et al. Case No, 2015 CA 001737 W) O'Boyle Law Firm. That obligation existed regardless of any authorization by the 'town Commission. 23. Second, any meeting between Mayor Morgan and the attorneys cannot be characterized as a meeting of "a board or commission" under the Sunshine Law. Only Mayor Morgan is a member of the Town Commission. According to the text of the Sunshbne Law, his meetings with the Town's attorneys were not required to be conducted during a public meeting. The Sunshine Law only applies to "gathering o fthe members of the Board where the members deal with some matter on which foreseeable action will be taken by the Board." Tolar v. Sch. Bd. 398 So. 2d 427, 428 (Fla. 1981) (emphasis added); Fla. Parole & Prob. Com v. Thomas, 364 So. 2d 480, 481 (1'la. 1 st DCA 1975) ( "It is clear that requisite to the application of the Sunshine Law is a meeting of two or more public officials. "). Since Counts I and 11 fail to allege any discussions among two members of the Town Commission, the claims are fatally defective. 24. Third, the Court is unable to grant O'Boyle the relief he seeks. On its face, the Complaint seeks an injunction preventing future violations ofthe Sunshine Law by Mayor Morgan, See Compl. at 11, 12. However, the Fourth District has held that requests for such blanket injunctions are improper. See Citizens for Sunshine. Inc. v. Sch. Bd. of Martin County, 125 So. 3d 184,189 (Fla. 4th DCA 2013) ( "[Tlo the extent the plaintiff requested the circuit court to enjoin the defendants from holding additional unnoticed meetings in general, such a blanket request is legally insufficient. "); Port Everglades Auth, v_ Int'l Longshoremen's Ass'n, Local 1922 -1. 652 So. 2d 1169, 1173 (Fla. 4th DCA 1995) ( "[W]hilc a court cannot issue a blanket order enjoining any violation of the Sunshine Law on a showing that it was violated in particular respects, a court may 10 O'Boyle V. Morgan & Sweetapple, at at. Case No. 2015 CA 001737 (A.I) enjoin a future violation that bears some resemblance to the past violation. The future conduct must be specified, with such reasonable definiteness and certainty that the defendant could readily know that it must refi-ain from doing without speculation and conjecture. ") (citation and quotation omitted). 25. In essence, O'Boyle asks the Court to provide a "judicial withdrawal" of the Bar Complaints. See Compl. at ¶Q 54, 55 (alleging that "Morgan's August 25, 2014 filing of the bar complaint constituted formal actions under §286.011, Fla. Stat., which had to occur at an open public meeting under the Sunshine Law," and that "[t]he failure to perform the act at an open public meeting constitutes irreparable harm to the public and is void. "). Under Sunshine Law, an official action which was not adopted at a public meeting "is void ab initio." See Sarasota Citizens for Responsible Gov'tv., 48 So. 3d at 762; see Grapski v. City of Alachua, 31 So. 3d 193, 200 (Fla. 1st DCA 2010) (declaring "the City's approval of those [meeting minutes null and void ab initio. "). 26. A bar complaint, unlike a municipal resolution or ordinance, cannot be declared void ab initio. Under the Rules Regulating the Florida Bar, the complainant (here, the Town) is not aparty to the bar proceeding and has no rights other than that of a witness. R. Reg. Fla. Bar 3- 7.30), 3- 7.6(k). The Florida Bar is obligated to continue in the bar proceeding regardless of "unwillingness" or "neglect" by the complainant. Id. 27. Now that the bar proceeding has been commenced, it cannot simply be "withdrawn." As a result, the bar proceedings against the O'Boyle Law Firm will continue despite any judicial intervention. Since O'Boyle's request for relief is futile, Counts I and II should be dismissed. 11 O'Boyte V. Morgan & sweetapplo, et ski. Case No. 2015 CA 001737 (A.) 2, The Litigation StrgiegyDecisions 28. in Counts 111 and lir, O' Boyle alleges that Mayor Morgan and attorney 0 'Connor violated the Sunshine Law when Mayor Morgan directed O'Connor to move for protective orders after O'Boyle attempted to depose Town residents in a public records case. Compl, at¶g27, 74, 77, 81. These claims are subject to dismissal for several reasons. 24. First, Mayor Morgan and O'Connor are not, collectively, a board or commission subject to the requirements of the Sunshine Law. Again, the Sunshine Law only applies to "gathering of the members of the Board where the members deal with some matter on which. foreseeable actionwill be taken by the-Board." Tolar.398So.,2dat428; Thomas, 364Sa.2dAt481. Since Mayor Morgan. is the only member of the Town Commission, his meetings with O'Connor, an attorney representing the Town, were not subject to the Sunshine Low, 30,. Second; the tiling of amotion for a protective order is not an"official act "or "formal action" which required any commission approval. Instead, section 286.011(1) is expressly limited to meetings "at which official acts are to betaken," and applies to "resolution[s], irulo[s], or formal action" taken at such meetings. The Sunshine Law does not require an attorney representing a municipality to conductapubGcmeetingand then subject all litigat ondecisions to public disclosure and comment. As in representing any private organization, attorneys representing municipalities routinely exercise independent professional judgment when making litigation decisions on behalf of their clients. Whether to file a ppnicular motion and whether to oppose a discovery request are among the various pinpoint decisions the client purchases collectives when engaging an attorney to provide representation, Tire plaintiffs Art to fractionalize the bundle of services provided by 12 O'Boyle v, Morgan & Swectapple, . et al. Case No. 2015 CA 001737 (A3) an attorney and then require approval of each fraction is both unreasonable and impossible to implement, Even if the Plaintiff were successful in advancing such a silly notion the Sunshine Law does not require it.' 31. This conclusion is supported by the case law, In Bassett v. Braddock. the Florida Supreme Court held that an attorney representing a governmental body properly met privately with employee representatives to negotiate a collective bargaining agreement without violating the Sunshine Law. 262 So. 2d 425 ([7a, 1972). The meetings at issue here cannot be distinguished from those in Bassett. Accordingly, Counts III and N must be dismissed. 3. The Settlement Negotiations 32. Counts V and V1 assert that Mayor Morgan and the Town's attorneys violated the Sunshine Law by engaging in settlement negotiations without convening commission meetings, Compl, at ¶¶ 84 -101. O'Boyle alleges that Mayor Morgan, O'Connor, and Co- Defendant Robert Sweetapple violated the Sunshine Law on September 3, 2014, when they met with a Town resident to discuss settlement options and "assured" that the Town Commission would approve the proposed settlement. See Compl, at 111[ 86-88. O'Boyle also alleges that the Town violated the Sunshine Law when an unidentified Town attorney rejected one of O'Boyle's offers and issued a counteroffer ' The appropriateness of the decision to file the motion for protective in the public records case (502014CA0,OS076XXXX-lviB AD) and the baseless and vindictive nature of O'Boyle's effort to take the depositions are confirmed by the content of the Town's motion, O'Boyle's response, and the Court's order granting the Town's motion. Pursuant to Rules 40.202(6) and 90.203, the Defendants request that the Court take judicial notice of these filings, Contemporaneous with this Motion, copies of the referenced documents have been filed with Courtin a separate filing. 13 O'Boyle V. Morgan & Sweetapple, et al. Case No .2015 CA 001737 (A.1) without first convening a Commission meeting. Compl. at T¶ 95 -98. Neither claim establishes a Sunshine Law violation. 33. Once again, since the Sunshine Law only applies to "gathering ofthe members ofthe Board," the Sunshine Law did not apply to the September 3, 2014, settlement meeting attended only by it single board member, Mayor Morgan, Sea 1•olar. 398 So. 2d at 428, Thomas omasi 364 So. 2d at 48I. 34. Moreover, Mayor Morgan's attendance during the meetings and his alleged statements during the settlement conference were is accordance with the rules regarding mediation. The Florida RulesofCivil Procedureprovidethat apublic entity is "deemed to appear at amediation conference by the physical appearance of a representative with full authority to negotiate on behalf of the entity and to recommend settlement to the appropriate decision - making body of the entity." Fla. R. Civ, P. 1.720(d). As a result, having a single commissioner attend a settlement conference and then recommend settlement to the other commissioners at apublic meeting (ifneeded) complies with Rule 1.720(6) and - as a pure matter of law ;, does not violate the Sunshine Law, 35, O' B oyle's claim regarding his purported o. ffer and the Town's purported counteroffer Ws for similar reasons. O'Boyle alleges that one of the Town's attorneys rejected his offer and issued a counteroffer without convc11mgameetingof the Town Commission. SeeCompl.at¶I95- 98.. Since a Town attorney is not a member of the Commission, a Town attorney is not subject to the Sunshine Law. Moreover, the counsel for Town is entitled to engage in the negotiation process. Only the Town has the power to accept a final settlement.. Based on various factors, including perceptions ofrisk, considerations of cost, and even political factors, the Town Commission is never bound to anyrecommendationprovidedby its representatives who attend any settlement conference. 14 O'Hoyle Y. Morgan & Sweetapple, at al, Case No. 2015 CA 001137 (An Instead, based on the information provided, the To)vn Commission can elect any course of action. it deems appropriate, even issue a settlement proposal never discussed during the settlement conference. O'Boyle's limited understanding ofthe settlementprocess only confirms the' invalidity of his claim's in Counts V and VI. Both claims should be dismissed. B. The Public Records Claims 1. The Redacted Billing Records 36. The Public Records Act expressly states that "[i)t is the policy of this state that all state, county, and municipal records are open for personal Inspection and copying by adyperson." § 1.19;01(1), Fla. Stat. (2012); Lee Lighthoume v. McCollum, 969 So, 2d 326, 332 (Fla. 2007); Barfield v_ Sch. Bd., 135 So, 3d 560, 561 -562 (Fla. 2d DCA 2014). Chapter .114 exempts certain documents from production including those that contaia "work product " See 119071(1)(4)1,171% Stat. Section 119.071(1)(4)1 provides: A public record that was prepared by an agency (including an attorney employed or retained by the agency or employed or retained by another public officer or agency to protect or represent the interests of the agency having custody of the record) or prepared at the attorney's express direction, that reflects a mental impression, conclusion, litigation strategy; or legal theory of the attorney or the agency, and that was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings, or that was prepared in anticipation of imminent civil or criminal litigation or imminent adversarial administrative proceedings, is exempt from s. 119.07(1) and s. 24(a), Art. I of the State constitution until the conclusion of the litigation or adversarial administrative proceedings, The exemption extends to those records that contain the attorney's mental impressions, litigation strategy, or legal theory and are prepared exclusively for litigation or in anticipation of imminent litigation. Lightbourne, 969 So. 2d at 332. 15 O'Boyle v. Morgan & Sweetapple, et at. Case No. 2015 CA 001737 (AJ) 37, O'Boyle'sallegation thatthebillingrecords were improperly redactedisinsufficient to state a claim against the Town, The attached document establishes that the Town redacted portion of the billing records pursuant to the 'work product" exemption in section 119,071(1)(d)l. See Compl., Ex, D. O'Boyle has not alleged that the Town's assertion of the exemption was improper or without merit. Since he has failed to allege the exemption is improper, he has failed to state a claim upon which relief may be granted in Count VII. 2. The Text Messages 38. The allegations in Count VIII regarding allegedly unproduced text messages on Mayor Morgan's cell phone do not establish a claim under Chapter 1 l 9 because the requested text messages are not public records. " Public records" means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. See § 119,011(12), Fla. Stat. 39. Florida courts have consistently held that merely because a written communication is sent to or received by a Towaofficial does not transformthe communication into a "public record" under Chapter] 19. In State v. City of Clearwater, the Florida Supreme Court analyzed the issue of whether e -mails are considered public records. There, a reporter requested that the city provide copies of all a -mails either sent from or received by two city employees over the city's computer network. 863 So. 2d 149, 150 (Fla, 2003). At issue was whether the e- mails, by virtue of the city's possession on their network, were public records. I'd. at 151. The Court concluded that the 16 O'Boyle v. Morgan ,& Sweetapple, at al. Case No. 2015 CA 001737 (A.p definition of public records is limited to public information related to records, and further defined the term "records" as those materials that have been prepared with the intent of perpetuating or formalizing knowledge. Id. at 154. The Courtt emphasized that the mere placement of an e-mail on a govenunent network is not controlling in determining whether it is public record, but rather, whetherthe e-mail is prepared in connection with the official business of an agency and is "intended to perpetuate, communicate, or formalize knowledge of some type." Id.. (quoting Shevin, 379 So. 2d at 640); Butler v. City of Hallandale Beach, 68 So. 3d 278, 279 (Fla, 4th DCA 2011), 40. Here, O'Boyle alleges that merely because Mayor Morgan received text messages, the text messages automatically hold the status of public records under Chapter 119. See Comp. at 1 120 (alleging that O'Boyle requested "all text messages sent or received by or for Scott Morgan..."), However, merely because Mayor Morgan had been sworn in as a Town Commissioner does not convert his text messages into public records. To be apublic record, the text messages must be made pursuant, to an official duty and must be created with the intent to formalize knowledge. SeeLonez v. State. 696 So.2d 725, 728 (F1a.1997) (holding handwritten notes of slate attorney were not "public record" by definition); State v, Kokal. 562 So. 2d 324, 327 (Fla. 1990) (holding that pretrial materials which include notes from the attorneys to themselves designed for their own personal use inrememberingcertain things orpreliminary guides intended to aid the attorneys when they later formalize their knowledge are not within the term "public record. "). Since O'Boyle fails to allege that any such text messages were withheld, Count VIII is facially insufficient and should be dismissed. 17 O'Boyle Y. Morgan & Sweetapple, at al. Case No. 2015 CA 001737 (A,n 41. In addition, O'Boyle's unsupported speculation of the existence of additional, unproduced text messages is insufficient to state claim under the Public Records Act, The Florida Supreme. Court has "consistently., upheld the summary denial of public records claims based on a defendant's mere speculation about the existence ofunproduced records." Johnson v. State. 904 So. 2d 400, 404 (Fla. 2005) (mere allegation that FDLE may have been withholding additional relevant documents because prior production was tardy "amounts to a `fishing expedition for records "'); accord Garcia v. State 949 So. 2d 980, 987 (Fla. 2006); see also Moore v. State. 820 So. 2d 199,204 (Fla. 2002) (rejecting a public records claim because "importantly, [the defendant] has made no showing that there is any additional information that has not been disclosed "). 42. Here, O'Boyle alleges that more text messages must exist because Mayor Morgan stated that he only responded to text messages on the weekends. See Compl, at 11123. O'Boyle's assumption that Mayor Morgan's must have been receiving and, therefore, responding to more text messages is the type of "mere speculation" found insufficient by the Florida Supreme Court. See Johnson 904 So. 2d at 404; Garcia 949 So, 2d at 987; Moore, 820 So. 2d at 204. For this reason, Count VIII should be dismissed. V. CONCLUSION The Plaintiffs are engaging in s form oi'retaliation masquerading as litigation. None of the claims can be reconciled with a reading ofthe Sunshine Law or Public Records Act, and none ofthe claims relies upon any supporting authority. The harassment should end, and the Court should issue an order dismissing the Complaint with prejudice. 18 O'Boyle v. Morgan & Sweetapple, at al, Case No. 2015 CA 001737 (AJ) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the SERVED and FILED through Florida Courts E -filing Portal to: O'Boyle Law Firm, P.C., 1286 day of April 2015. Deerfieldlleach, l and foregoing. was m F. Ring, Esq., :y for Plaintiffs, The . 33442 onthis 15th JOHNSON, ANSELMO, MURDOCH, BURKE PIPER & HOCHMAN, P.A. Attorneys for Defendants 2455 E. Sunrise Boulevard Suite 1000 Fort Lauderdale, Florida 33304 Tel: (954)463 -010D Fax: (954) 463 -2444 ay: r . JEFFREY L. HOCII Florida Ear Number: 902098 HUDSON C. GILL Florida Bar Number: 15274 19 OConnor, Joanne M. From: scottmorgan75 @gmail.com Sent: Tuesday, May 26, 201511:27 AM To: Robert Sweetapple; OConnor, Joanne M.; bthrasher @gulf- stream.org Subject: Fw: O'Boyle Affidavit Attachments: O'Boyle Affidavit.pdf Attached please find the affidavit in resolution of the UPL complaints against JO. The UPL committee discussions, negotiations and minutes are confidential so we will not have access to them. The UPS committee made its decision in mid -May and so did not have an opportunity to review the recent packet of documents that I submitted last week. I spoke with attorney Vazquez, who said she would read those materials, although I suspect that is for personal edification, only. She emphasized that the matter is now closed based upon JO's agreements as described in the affidavit. Scott W, Morgan 1315 Neptune Dr. Boynton Beach, FL 33426 (561) 752 -1936 From: Alcelsa M Vazquez- Pagano Sent: Tuesday, May 26, 2015 11:09 AM To: scottmoman75(ftmail.com Cc: Diane Kintshi Subject: O'Boyle Affidavit Algelsa "Ali" Vazquez Branch UPL Counsel The Florida Bar 1300 Concord Terrace, Suite 130 Sunrise, Florida 33323 Tel. (954) 835 -0233 ext. 4148 AVazcuez0flabar.orc www.floridebar.oro Please note: Florida has very broad public records laws. Many written communications to or from The Florida Bar regarding Bar business may be considered public records, which must be made available to anyone upon request. Your e -mail communications may therefore be subject to public disclosure. Please note: Florida has very broad public records laws. Many written communications to or from The Florida Bar regarding Bar business may be considered public records, which must be made available to anyone upon request. Your e -mail communications may therefore be subject to public disclosure. AFFIDAVIT OF JONATHAN R. O'BOYLE STATE OF FLORIDA COUNTY OF BROWARD File No. 20151027(17C) BEFORE ME, the undersigned authority, duly authorized to administer oaths, personally appeared JONATHAN R. O'BOYLE, who after first being duly sworn, upon oath, deposes and says as follows: 1. I am not a member of The Florida Bar and am not licensed to practice law in the State of Florida. I am licensed to practice law in the States of New Jersey and Pennsylvania. 2. I permanently reside in the State of New Jersey, 3. I certify that I have read and will abide by the following decisions of the Supreme Court of Florida: The Florida Bar v. Rapoport, 845 So. 2d 874 (Fla. 2003); Chandris v. Yanakakis, 668 So. 2d 180 (Fla. 1995); The Florida Bar v. Tate, 552 So. 2d 1106 (Fla. 1989); The Florida Bar v. Kaiser, 397 So, 2d 1132 (Fla. 1981); The Florida Bar v. Savitt, 363 So. 2d 559 (Fla. 1978); State of Florida ex rel. The Florida Bar Y. Sperry, 140 So. 2d 587 (Fla. 1962); judgment vacated on other grounds, 373 U.S. 379 (1963); and Rule 2.510, Florida Rules of Judicial Administration; and Rule 4 -5.5 of the Rules Regulating The Florida Bar. 4. I understand that it constitutes a contempt of the Supreme Court of Florida as well as a third degree felony under the Florida Statutes for an unlicensed individual and/or business entity to engage in the practice of law and/or hold himself /itself out as authorized to so practice in the State of Florida. 5. I understand that it constitutes the unlicensed practice of law for persons not licensed to practice in Florida but licensed in other jurisdictions to either expressly or impliedly, personally or by use of advertisement, hold themselves out as members of The Florida Bar and generally authorized to practice law in Florida or able to render assistance with legal matters. 6. I understand that persons not licensed to practice in Florida but licensed in other jurisdictions may not perform legal services or give legal advice to or for Florida residents on matters of Florida substantive law unless otherwise authorized by court rule, case law, administrative rule, or Rules Regulating The Florida Bar. 7. I understand that persons not licensed to practice in Florida but licensed in other jurisdictions may not advertise to the public either through the media, by telephone, by facsimile or other direct solicitation that they are qualified and able to provide legal services in Florida or relating to Florida law. 8. I understand that an attorney licensed in a state other than Florida may not appear in any Florida state court as a representative of a party or otherwise participate in any Florida litigation pending in State Court on behalf of any party unless admitted pro hoc vice pursuant to the dictates of Rule 2.510 of the Florida Rules of Judicial Administration. I understand that as an attorney licensed in a state other than Florida and being a resident of Florida, I am only eligible to be admitted to practice before the state court pro hoc vice in Florida if I have an application pending for admission to The Florida Bar and have not previously been denied admission to The Florida Bar. 9. I understand that once an interstate law firm has been established under the dictates of Savitt, an out -of -state attorney's name may only appear on the letterhead and business cards of the law firm if his jurisdictional limitations are clearly noted on the letterhead or business cards indicating that the attorney is not authorized to practice in Florida. 10. I understand that it constitutes the unlicensed practice of law for a Florida office of an interstate law firm to operate without a partner admitted to practice law in Florida. 11. I understand that an out -of -state member of an interstate law firm may give advice on the laws of jurisdictions other than Florida to non - Florida clients in transactions with persons residing in Florida or with business enterprises having their principal place of business in Florida provided that the nonmember of The Florida Bar giving the advice is in Florida on a transitory basis and provided that a member of The Florida Bar handles matters involving Florida law. I also understand that I may only engage in transitory professional activities that are incidental to essentially out -of -state transactions and that I may only coordinate supervisory activities in essentially multi-state transactions in which matters of Florida law are handled by members of The Florida Bar. The Florida Bar v, Savitt, 363 So, 2d 559 (Fla. 1978) citingAppell v. Reiner, 43 N.J. 313, 205 A.2d 146 (1964) and In re the Estate of Waring, 47 N.J. 367, 221 A.2d 193 (1966). 12. 1 understand that an out -of -state member of an interstate law firm may give legal advice concerning a right or obligation governed by federal law only if the lawyer is in Florida on a transitory basis and it must initially be made clear to the client and immediately confirmed in writing that the lawyer is not a member of The Florida Bar, The Florida Bar v, Savitt, 363 So. 2d 559 (Fla. 1978). 13. I understand that where there is a federal law or statute that specifically allows practice before a federal office or agency, Florida continues to maintain control over the practice of law within its borders except to the limited extent necessary for the accomplishment of the federal objectives. 14. I, therefore, understand that as an attorney licensed in a state other than Florida, I may not operate or maintain a law office in Florida, including but not limited to (a) maintaining a law office in Florida as my primary physical business location; (b) performing legal services or giving legal advice to or for Florida residents on matters of Florida substantive law; (c) acting as a managing partner of a Florida law firm; and (d) exercising supervisory control over any associate of the law firm who is a member of The Florida Bar with respect to matters involving Florida law. 15. I further understand that as I am not a member of The Florida Bar, I may not identify myself as the managing partner of The O'Boyle Law Firm, P.C. with a Florida address. I agree to discontinue use of any business cards, firm letterhead, advertisements, business cards, retainer agreements, or any other forms or correspondences when using a Florida address and the title attorney or attorney at law or any other similar title. I will include distinguishing limitations indicating either that I am not a member of The Florida Bar or that I am only licensed to practice law in the States of New Jersey and Pennsylvania. 16. I understand a Florida lawyer may be a member of an interstate law firm if the relationship is a bona fide partnership in which the profits and losses of the several offices are governed by a partnership agreement. As indicated in the shareholder agreement forming The O'Boyle Law Firm, P.C., the parties intend to operate the interstate law firm in accordance with all regulations in Florida and each requirement of Saviti. Accordingly, the profits and losses of all offices of The O'Boyle Law Firm, P.C. will be included in determining allocations, which will not be based exclusively on the business generated or handled by the Florida office. Specifically, The O'Boyle Law Firm, P.0 shareholder agreement will clearly delineate the name of the member of The Florida Bar that serves as the Florida Managing Partner in Florida and how the Florida Managing Partner shares in the firm's total profits and losses. I hereby acknowledge that the current partnership agreement requires amendments in order to comply with Savitt and therefore an Amended Partnership Agreement will be completed and provided to The Florida Bar on or before by May 19, 2015. 17. I further understand that as an applicant for admission to The Florida Bar I may not operate in the Florida office of an interstate law firm on a permanent basis in any manner other than as a traditional law clerk under the direct supervision and control of a member of The Florida Bar. I further understand that should my name appear on the letterhead of the Florida office, the title law clerk or other similar nonlawyer title must appear after my name. As I may only work as a law clerk if in the Florida office on a permanent basis, my name may not appear in the name of the firm or be listed as an attorney for the Florida office of the law firm. 18. Until such time as I am admitted to practice law in Florida, I hereby agree to provide a complete and signed copy of this Affidavit to any and all current and future Florida Managing Partners) of The O'Boyle Law Finn, P.C., as well as to current and future associate attorneys and employees. 19. 1 understand that I am not admitting any wrongdoing and I agree that I will not engage in any activity that constitutes the unlicensed practice of law in Florida unless and until I am admitted to practice in this state by the Supreme Court of Florida. O'BOYLE The foregoing instrument was acknowledged before me on this, the I4/-i A day of May, 2015 by JONATHAN R. O'BOYLE, who is personally known to me or who has produced NJ" 7b L as identification and who did take an oath, V ' " Notary Public State of Florida at Large (Signature) 'Diane Kiniski (Printed or Typed Name) .•. nhy" 3 DIANENWtSH { l My cowass ON 1 EE 111339 EXPIRES: July 3o, 2016 /, 9nIEM ihu Nalmy PUNkuw"",,, OConnor, Joanne M. From: scottmorgan75 @gmail.com Sent: Thursday, May 21, 2015 9:22 AM To: OConnor, Joanne M. Subject: Re: UPL O'Boyle letter Thanks for the detailed and helpful response, Joanne. I will add this to the letter. Scott W. Morgan HUMIDIFIRST 1315 Neptune Dr. Boynton Beach, FL 33426 (561) 752 -1936 From: OConnor, Joanne M. Sent: Wednesday, May 20, 2015 5:47 PM To: scottmoraan75Calgmail.com Cc: rsweetapole@lsweetapolelaw.com Subject: RE: UPL O'Boyle letter Scott — Their February 4" letter continues to raise the issue of whether the bar complaint was ratified by the Town Council. I would consider addressing it at the end of your response by quoting from the Defendants Town of Gulf Stream, Scott Morgan, John C. Randolph and Joanne O'Connor's Motion to Dismiss filed April 15, 2015 in. Finally, I would like to briefly respond to Mr. Tozian's assertion that this UPL complaint and related Bar complaints filed by me are somehow void as not authorized by the Town Commission. As detailed by counsel for me, the Town and the Town's outside counsel in a recent Motion to Dismiss another action brought against us by Martin O'Boyle, Martin E. O'Boyle and Asset Enhancement, Inc. v. Town of Gulf Stream, et al., Case No. 2015 -CA- 001737 (AJ) (15th Judicial Circuit in and for Palm Beach County), no ratification of these complaints was required by the Sunshine Law: "[T]he filing of a bar complaint is not an "official act" or "formal action" which required Town commission approval. Section 286.011(1) is expressly limited to meetings at which official acts are to be taken," and provides that any "resolution, rule. or formal action" taken at non - complaint meeting is not binding. A bar complaint -- the vehicle for advising the Florida Bar of misconduct on the part of an attorney -- is not a "resolution, rule, or formal action." Such a complaint does not bind the Town to any future conduct or to the payment of any expenditures. Since the filing of the Bar Complaints was not "formal action" as a matter of law, the Sunshine Law does not apply in the first instance." In any event, I was at all times authorized by the Town Commission to work with outside counsel to assist with the defense of the public records suits brought by against the Town by the O'Boyle Law Firm including Jonathan O'Boyle and to advance any claims in response as were appropriate including the instant UPL complaint. That authority was formally ratified by the Town Commission at its meeting on December 12, 2014. See pages 15 -17 of the Town Commission Minutes from Dec. 12, 2014, attached [OR WE CAN PROVIDE A LINK TO THE TOWN'S WEBSITE]. In light of the foregoing, there can be no question but that the pending Bar complaints are valid. JONESFOSTER — — pnu...nvnv.gnry.. Joanne M• O'Connor Attorney Direct Dial: 561.650.0498 1 Fax: 561.650.5300 1 ioconnor(rl7,jonesfostex mm Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Patin Beach, Florida 33401 561 - 659 -3000 1 wws0oncsfoster.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 cmail is prohibited. Please immediately notify us by email and delete the original message. From: scottmor9an75Culgmall.com [ mailto :scottmoroan75(obgmall.coml Sent: Monday, May 16, 2015 3:27 PM To: Robert Sweetapple; OConnor, Joanne M. Subject: UPL O'Boyle letter 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 OConnor, Joanne M. From: OConnor, Joanne M. Sent: Wednesday, May 20, 2015 5:47 PM To: 'scottmorgan75 @gmaii.com' Cc: rsweetapple @sweetapplelaw.com Subject: RE: UPL O'Boyle letter Scott — Their February 4"' letter continues to raise the issue of whether the bar complaint was ratified by the Town Council. I would consider addressing it at the end of your response by quoting from the Defendants Town of Gulf Stream, Scott Morgan, John C. Randolph and Joanne O'Connor's Motion to Dismiss filed April 15, 2015 in. Finally, I would like to briefly respond to Mr. Tozian's assertion that this UPL complaint and related Bar complaints filed by me are somehow void as not authorized by the Town Commission. As detailed by counsel for me, the Town and the Town's outside counsel in a recent Motion to Dismiss another action brought against us by Martin O'Boyle, Martin E. O'Boyle and Asset Enhancement, Inc. v. Town of Gulf Stream, at al., Case No. 2015 -CA- 001737 (AJ) (15th Judicial Circuit in and for Palm Beach County), no ratification of these complaints was required by the Sunshine Law: "[T]he filing of a bar complaint is not an "official act" or "formal action" which required Town commission approval. Section 286.011(1) is expressly limited to meetings at which official acts are to be taken," and provides that any "resolution, rule. or formal action" taken at non - complaint meeting is not binding. A bar complaint — the vehicle for advising the Florida Bar of misconduct on the part of an attorney — is not a "resolution, rule, or formal action." Such a complaint does not bind the Town to any future conduct or to the payment of any expenditures. Since the filing of the Bar Complaints was not "formal action" as a matter of law, the Sunshine Law does not apply in the first instance." In any event, I was at all times authorized by the Town Commission to work with outside counsel to assist with the defense of the public records suits brought by against the Town by the O'Boyle Law Firm including Jonathan O'Boyle and to advance any claims in response as were appropriate including the instant UPL complaint. That authority was formally ratified by the Town Commission at its meeting on December 12, 2014. See pages 15 -17 of the Town Commission Minutes from Dec. 12, 2014, attached [OR WE CAN PROVIDE A LINK TO THE TOWN'S WEBSITE]. In light of the foregoing, there can be no question but that the pending Bar complaints are valid. JONESFOSTER OHM I IN AY I LIM 1 %A Joanne M. O'Connor Attorney Direct Dial;- 561.650.0498 1 Fax: 561.650.5300 1 ioconnor(@ionesf Jones, Foster, Johnston & Stubbs, PA, Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561 -659 -3000 1 wwwJonesfoster.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. From: scottmoraan75(&cimall.com fmallto:scottmoraan75Calamail com] Sent: Monday, May 18, 2015 3:27 PM To: Robert Sweetapple; OConnor, Joanne M. Subject: UPL O'Boyle letter 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 OConnor, Joanne M. From: OConnor, Joanne M. Sent: Tuesday, May 19, 2015 10:07 PM To: 'scottmorgan75 @g mail. com'; Robert Sweetapple Subject: RE: UPL O'Boyle letter Apologies for delay but was in court most of today and will be again tomorrow morning. I will respond tomorrow afternoon with any comments. Thanks. From: scottmorq@n75CcbqmaIl.com [mailto•scottmorgan75Ca@gmail com] Sent: Monday, May 18, 2015 3:27 PM To: Robert Sweetapple; OConnor, Joanne M. Subject: UPL O'Boyle letter 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 OConnor, Joanne M. 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 residin¢ 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)(11) 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 any time 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, OConnor, Joanne M. From: scottmorgan75 @gmail.com Sent: Friday, May 15, 2015 10:59 AM To: Robert Sweetapple; OConnor, Joanne M. Subject: Re: JONATHAN REILLY O'BOYLE Y Thanks. We just dug that info up too —JO received his pilot's license about the time the Interstate law firm was being formed here —and the requirement for hours to get a pilots license is so stringent that it seems likely JO was spending all his time in FLA and not practicing law in PA. According to our search, JO is only listed as counsel in one Pennsylvania case — representing Marty's Interests in one of his many companies. A listing of the businesses at 1001 Broad St. Johnstown PA does not include The O'Boyle Law Firm or the Jonathan R. O'Boyle Law Firm —but it does Include Commerce Group, Inc., Commerce Property Services, and Commerce Centre Property Management. The Philadelphia Dept of Licenses and Inspections refused to disclose whether JO had a commercial activity license in Philadelphia in 2013 or 2014 so today 1 filed a Pennsylvania Right To Know Request Form for the information. Am working on a letter to the UPL suggesting they investigate the matters that we discussed. Scott From: Robert Sweetapple Sent: Friday, May 15, 2015 10:28 AM To: scottmoraan75Clc amail.com Subject: Re: JONATHAN REILLY O'BOYLE I sent you that re Florida drivers and Fla address on pilots. Fla bar should know that as he claims to be living and practicing out of state. Regards, Bob Sweetapple On May 15, 2015, at 9:34 AM, "scottmorgan75Ca)gmail.com" <scottmorgan75C@gmall.com> wrote: Bob, I'm not sure we should be continuing to spend money chasing JO around for personal service Can't we either send him a waiver of service request or contact one of his lawyers to see if they will accept service? Failing that, we can try using Pennsylvania rules of service, which allow for service by mail. Scott From: Robert Sweetapple Sent: Thursday, May 14, 2015 10:05 PM To: Scott Morgan ; Joanne M. O'Connor Subject: Fwd: JONATHAN REILLY O'BOYLE Regards, Bob Sweetapple Begin forwarded message: From: Deborah Smith <dsmithCn)sweetaoolelaw.com> Date: May 14, 2015 at 5:12:22 PM EDT To: Robert Sweetapple < rsweetaooleCdsweetaoolelaw.com> Subject: FW: JONATHAN REILLY O'BOYLE Tery trucy yours, DEBORAH L. SMITH, CP, FRP Certified Paralegal, Florida Registered Paralegal Sweetapple, Broeker & Varkas, P.L. 20 SE 3'd Street Boca Raton, FL 33432 (561) 392 -1230 (t) x. 300 (561) 394 -6102 (f) cism ith0sweeta oalelaw.com STATEMENT OF CONFIDENTIALITY The information in this a -mail is confidential and may be legally privileged. If you are not the named addressee, or if this message has been addressed to you in error, you are directed not to read, disclose, reproduce, distribute, disseminate, maintain, save or otherwise use this email. Please contact the sender at the above number immediately. Delivery of this message to any person otherthan the intended reciplent(s) is not Intended in any way to waive privilege or confidentiality. From: Marilyn Hannan [mailto:mhannanCa ) rockleeal.coml Sent: Thursday, May 14, 2015 4:59 PM To: Deborah Smith; Cynthia Bailey Cc: Marilyn Hannan Subject: JONATHAN REILLY O'BOYLE Good afternoon, Jonathan Reilley O'Boyle has his pilot's license and driver's license. Both licenses have the address 23 Hidden Harbor Dr., Gulf Stream, Fl. 33442. This property is owned by Sheila and Martin O'Boyle who are first degree reatives of Jonathan. Martin O'Boyle is the father of Pennsylvania lawyer Jonathan O'Boyle. Jonathan was listed as the law firm's director. Jonathan O'Boyle is not licensed to practice law in Florida, and records show he may have been acting as the firm's full - time managing director and supervising other lawyers. On my report his most recent address is 23 Hidden Harbor Dr., Gulf Stream, Fl. 33442 and 107 S 13th Avenue, Longport, New Jersey 08403. Sheila O'Boyle owns this property. Jonathan has no vehicles registered in his name. When the server attempted service at 23 Hidden Harbor Dr., Gulf Stream, Fl, there were three vehicles there with tag H315DX, H317DX, both these vehicles are registered to Sheila O'Boyle. There was another vehicle, tag 585VLV, this is registered to Martin O'Boyle. We can attempt service at the New Jersey address if you like. We can do wait time at the Hidden Harbor Dr address. Wait time In Palm Beach County is 50.00 per hour. There is another address associated with his phone number 561- 758 -1223, the address Is 1001 Broad Street, Johnstown, Pa. 15906. Please let me know how you would like Rock to proceed. Thank you. Attention: Rock Legal Services & Investigations, Inc. /or any of its employees are not Attorneys and cannot provide legal advice. The information contained in this e -mail message is privileged and confidential information intended only for the use of the individual(s) named above and should not be construed as legal advice. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please contact the sender by reply e-mail and destroy all copies of the original message. Page 1 of 1 scottmorSan75@gmall.com From: <scoltmorgan75 @gmail.com> Date: Monday, April 27, 2015 4:36 PM To: "Joanne O'Connor" <joconnm(a jonesfoster.com >; "Robert Sweetapple" <rsweetapple @sweetapplelaw.com> Subject: The Florida Bar UPL information Joanne, The Florida Bar sent me a copy of Jonathan's response to the UPL complaint against him. Some of the parts have been redacted. We have permission to reply, if we choose. The response is due by May 26. I will have a copy sent to you and to Bob. Scott 6/22/2015 Page 1 of 1 scottmorgan75@gmaii.com From: <scotimorgan75 @gmail.com> Date: Monday, March 09, 2015 11:22 AM To: "OConnor, Joanne M." QOConnor@jonesfustcr.com >; "Robed Sweetapple" asweetapple @sweetapplelaw. com> Subject: Re: Florida Bar Joanne, I have not received any responses from Jonathan Of ]Boyle. I called Attorney Morgan Os office and learned that she retired in early January. The file is now being handled by Alegeisa (Ali) Vazquez, Esq., Branch UPL Counsel. I left a message with Attorney Vazquez for confirmation that the file includes our most recent filing on Feb. 26, 2015, and asking that we be provided with any responses from Mr. ODBoyle. Scott W. Morgan (561) 752 -1936 From: OConnor, Joanne M. Sent: Monday, March 09, 2015 9:34 AM To: srottmoroan7567 mail.com Subject: Florida Bar When I spoke to Mendez last week he advised me that a detailed response had been provided by Jonathan On Boyle and that he would inquire re status to ensure you had received. I do know that a brand new staff attorney has replaced Janet Morgan. If you have a moment and have not yet received the response, it might help if you can call number for Janet Morgan and inquire directly. JON ESFOSTER . --11 Joanne M. OOConnor Attorney DirectDiaL 561.650.0498 ( Fax: 561.6505300 lcnuu�dd'i.ncab_r� c. i.:�nn, Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flabder Drive, Suite 1100, West Palm Beach, Florida 33401 561- 659 -3000 1 tc ,cm ioo.et <cuo r.c:nr 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. 6/22/2015 OConnor, Joanne M. From: OConnor, Joanne M. Sent: Monday, March 09, 2015 9:34 AM To: 'scottmorgan75@gmail.com' Subject: Florida Bar When I spoke to Mendez last week he advised me that a detailed response had been provided by Jonathan O'Boyle and that he would inquire re status to ensure you had received. I do know that a brand new staff attorney has replaced Janet Morgan. If you have a moment and have not yet received the response, it might help if you can call number for Janet Morgan and inquire directly. JONESFOSTER Joanne M. O'Connor Attorney Direct Dial: 561.650.0498 1 Fax: 561.650.5300 1 joconnoL@ionesfoster.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 emnils are filtered which may delay receipt. This email is personal to die named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received dtis in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete die original message. OConnor, Joanne M. From: OConnor, Joanne M. Sent: Wednesday, February 25, 2015 5:30 PM To: 'scottmorgan75@gmail.com'; Robert Sweetapple Subject: RE: Letter from Roberto Mendez Please let me know if you need copies of any of those items. JONESFOSTER IUI18511184511111Na�I'' -1. Joanne M. O'Connor Attorney Direct Dial: 561.650.0498 1 Fwa 561.650.5300 1 joconnora'onesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561 -659 -3000 I www.jonesfoster.com Incoming emaits are filtered which may delay receipt. This email is personal to the named recipients) and may be privileged and confidential. If you are not die 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. From: scottmorgan75 @gmall.com (mailto:scottmorgan75 @gmall.mm] Sent: Wednesday, February 25, 2015 4:41 PM To: OConnor, Joanne M.; Robert Sweetapple Subject: Re: Letter from Roberto Mendez Joanne, This letter came in today, Since Mr. Mendez requested a copy, I will Include in my letter the Motion to File Amended Answer, Affirmative Defenses and Counterclaim and Judge Blanc's February 23, 2015 Order along with the RICO Complaint and Deposition transcript of Jeffrey Gray. Scott W. Morgan (561) 752 -1936 From: OConnor, Joanne M. Sent: Wednesday, February 25, 2015 10:48 AM To: scottmoroan75@)gmall.com Subject: RE: Bar /UPL Complaints Copy Scott Tozian. He wrote to Janet Bradford Morgan on December 22, 2014 and to Lori Holcomb on January 8, 2015 advising his office represents Jonathan O'Boyle on the UPL matter and confirming extensions of time to January 12 and then January 30, 2015. JONESFOSTER NaKp IbN N.11 tlpN }, Ia Joanne M. O'Connor Attorney Direct Dial: 561.650.0498 1 Faxc 561.650.5300 1 ioconno ionesfostercom Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, NVest Palm Beach, Florida 33401 561- 659 -3000 1 www.ionesfoster.com Incoming emailx 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. From: scottmorgan75(clomail.com fmalito:scottmorgan75@qmall.com l Sent: Wednesday, February 25, 2015 10:43 AM To: OConnor, Joanne M. Subject Re: Bar /UPL Complaints OK. I Just wanted to know if I needed to c.c. anyone on the UPL letter enclosing the RICO complaint and Gray deposition transcript. Since you don't have anything from a lawyer representing JO, I'll just send it in without carbon copying anyone. Thanks. Scott W. Morgan (561) 752 -1936 From: OConnor, Joanne M. Sent: Wednesday, February 25, 2015 10:35 AM To: scottmoraan75(algmall.com Subject: RE: Bar /UPL Complaints - Response to Tozian on hold subject to me connecting with Mendez - We have exhibits referenced by Tozian. - Nothing more that I have seen re Jonathan O'Boyle response re UPL, but everything I have received was forwarded to me by you. If you want to call the Branch UPL office re status, information is as follows: Unlicensed Practice of Law Algeisa Vazquez, Branch UPL Counsel Diane Kinishi, Legal Secretary (954) 835 -0233, ext. 4148 JONESFOSTER a111AfYOV NfTtlyq;, ILl Joanne M. O'Connor Attorney Direct Dial: 561.650.0498 1 F'am 561.650.5300 1 ioconnor.jonesfostexcom 2 Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, Vlest Pahn 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. From: scottmorgan75(agmail.com (mailto:scottmorgan75Cagmail com] Sent: Tuesday, February 24, 2015 4:35 PM To: OConnor, Joanne M. Subject: Bar/UPL Complaints Hi Joanne, I reviewed my files on the Bar Complaints and UPL Complaint, and want to make sure they are complete. My Bar Complaint file contains a Nov. 24, 2014 letter to Maura Canter requesting an extension of time to respond to Mr. Tozian's letter of Nov. 21, 2014. Did anyone send in a response to the Tozian letter or is that on hold? The last item in my Bar Complaint file is a letter from Roberto Mendez, Esq. asking whether we desired copies of any of Mr. Tozian's exhibits that he submitted on behalf of the various lawyers. Do we need to respond to that letter or do you already have copies of those exhibits? My UPL Complaint file ends with a Dec. 5, 2014 letter from Janet Bradford Morgan, Esq., Branch UPL Counsel, asking Jonathan O'Boyle for a response to the complaint against him. Is there anything after that date to your knowledge? Thanks. Scott W. Morgan (561) 752 -1936 Page I of 3 scottmorgan7S@2maii.com From: <scottmorgan75 @gmail.com> Date: Wednesday, February 25, 2015 4:40 PM To: "OConnor, Joanne M." <JOConnor@jonesfoster.com >; "Robert Swcetapple" <rsweetapple@sweetapplelaw.com> Attach: Scanpdf Subject: Re: Letter from Roberto Mendez Joanne, This letter came in today. Since Mr. Mendez requested a copy, I will include in my letter the Motion to File Amended Answer, Affirmative Defenses and Counterclaim and Judge Blanc's February 23, 2015 Order along with the RICO Complaint and Deposition transcript of Jeffrey Gray. Scott W. Morgan (561) 752 -1936 From: QCrnrro 3o nne PSI Sent: Wednesday, February 25, 2015 10:48 AM To: i ,, i w,''t t1 1111- Iili(gll Subject: RE: Bar /UPLComplaints Copy Scott Tozian. He wrote to Janet Bradford Morgan on December 22, 2014 and to Lori Holcomb on January 8, 2015 advising his office represents Jonathan O'Boyle on the UPL matter and confirming extensions of time to January 12 and then January 30, 2015. JOKE ER ,till"041N;: +U Id"Il Joanne M. O'Connor Attorney Direct DO: 561.650.0498 F'ac 561.650.5300 t��Crinn„i(a tau -; 1:x,11 Lnnl )ones, Foster, Johnston & Stubbs, P.A. Hagler Center lower, 505 Soudn Hagler Drive, Suite 1100, West P:dm Beach, Florida 33401 561 -659 -3000 1 1 u. Incoming emails are Filtered which may delay receipt. This email is personal to the nuned recipient(s) and may be privileged and confidenti;d. if you are not the intended recipient, you received this in error. if so, any review, dissemination, or copying of this emal is prohibited. Please inunediately notify us by email and delete the original nnessabn . From: scottmorgan75 @gmail.com [ mailto:scottmorgan75 @gmail.com] Sent: Wednesday, February 25, 2015 10:43 AM To: OConnor, Joanne M. 6/22/2015 Page 2 of 3 Subject: Re: Bar /UPL Complaints OK. I just wanted to know if I needed to c.c. anyone on the UPL letter enclosing the RICO complaint and Gray deposition transcript. Since you don't have anything from a lawyer representing JO, I'll just send it in without carbon copying anyone. Thanks. Scott W. Morgan (561) 752 -1936 From: , j,) tw> Sent: Wednesday, February 25, 2015 10:35 AM To: :r_rd.iinui .id:;/' (, iiwi)i ron Subject: RE: Bar /UPL Complaints - Response to Tozian on hold subject to me connecting with Mendez - We have exhibits referenced by Tozian. - Nothing more that I have seen re Jonathan O'Boyle response re UPL, but everything I have received was forwarded to me by you. If you want to call the Branch UPL office re status. information is as follows: Unlicensed Practice of Law Algeisa Vazquez, Branch UPL Counsel Diane Kinishi, Legal Secretary (954) 835 -0233, ext. 4148 JONESFOS TER Joanne M. O'Connor Attorney Direct Dial: 561.650.0498 1 Fax: 561.650.5300 ',c:,nuodu;umcsfutrx om Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, Rest Palm Beach, Florida 33401 561- 659 -3000 1 _t�e�V.I11tICSP •ct_'i_r,,m Incoming emads 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 urtcnded recipient, you received this in error. If so, any review, dissemination, or copyi ig of this email is prohibited. Please immediately notify us by email and delete the origi ial message. From. srntmorci�n75r'ngmail rom [ mgilto :scpttmorgan75Cn1gmail.coml Sent: Tuesday, February 24, 2015 4:35 PM To: OConnor, Joanne M. Subject: Bar /UPL Complaints 6/22/2015 Page 3 of 3 Hi Joanne, I reviewed my files on the Bar Complaints and UPL Complaint, and want to make sure they are complete. My Bar Complaint file contains a Nov. 24, 2014 letter to Maura Canter requesting an extension of time to respond to Mr. Tozian's letter of Nov. 21, 2014. Did anyone send in a response to the Tozian letter or is that on hold? The last item in my Bar Complaint file is a letter from Roberto Mendez, Esq. asking whether we desired copies of any of Mr. Tozian's exhibits that he submitted on behalf of the various lawyers. Do we need to respond to that letter or do you already have copies of those exhibits? My UPL Complaint file ends with a Dec. 5, 2014 letter from Janet Bradford Morgan, Esq., Branch UPL Counsel, asking Jonathan O'Boyle for a response to the complaint against him. Is there anything after that date to your knowledge? Thanks. Scott W. Morgan (561) 752 -1936 6/22/2015 Page I of 1 scottmorgan75@gmaii.com From: <scotnnorgan75 @gnaiI.com> Date: Wednesday, February 25, 2015 4:32 PM To: "Kelly Avcry"<kavcry@gulGsncam.org> Attach: Fla Dar- Mendez.1e2- 26- 15.docn FlaBu- UPL.Morgm.1e.2- 26- 15.docx; Defendant's Minion for Leave to File Amended Answer, Affirmative Defenses and Counterclaim- Civ4474.odE Gray v Pace Deposition 8- 8- 14.Pdf _ Subject: Letters for Florida Bar Hi Kelly, Would you please print out on Town letterhead the attached two letters. Each letter will Include the following enclosures: RICO Complaint with Exhibits; Deposition Transcript of Jeffrey Gray; Defendant's Amended Answer with Affirmative Defenses and Counterclaim; and the Courts February 23, 2015 Order regarding the Amended Answer, Affirmative Defenses and Counterclaim. I believe you already have the RICO Complaint. I have attached the Deposition Transcript, Motion for Leave to File Amended Answer and Judge Blanes Order Granting the Motion for Leave to Amend. Thank you. Scott W. Morgan (561) 752 -1936 6/22/2015 February 25, 2015 Roberto Mendez, Esq. The Florida Bar Lake Shore Plaza II, Su. 130 1300 Concord Terrace Sunrise, FL33323 Re: Nickalaus Taylor, The Florida Bar File No. 2015- 50,426(17A) Giovani Mesa, The Florida Bar File No. 2015- 50,427(17A) Ryan Witmer, The Florida Bar File No. 2015- 00,227(17A) William F. Ring, The Florida Bar File No. 2015- 50,283(17A) Dear Mr. Mendez: Supplementing our Complaints of unethical behavior on the part of the above -named attorneys, please find copies of the following: • Complaint, Town of Gulf Stream v. Martin E. O'Boyle, et al. Case No. 9:15 -cv -80182 (US District Court for Southern District of Florida); • Deposition Transcript of Jeffrey Marcus Gray, Gray v. Practical Academic Cultural Education CenterforGlrls, Inc., Case No. 2014 -CA -2839 (4th Judicial Circuit, Duval County) August 8, 2014 (The O'Boyle Law Firm) • Defendant's Motion to File Amended Answer, Affirmative Defenses and Counterclaim, Martin E. O'Boyle v. Town of Gulf Stream, Case No. 2014 -CA -4474 (15th Judicial Circuit, Palm Beach County) • Order of Hon. Peter D. Blanc Granting Motion to File Amended Answer, Affirmative Defenses and Counterclaim, Martin E. O'Boyle v. Town of Gulf Stream, Case No. 2014 -CA -4474 (15th Judicial Circuit, Palm Beach County) February 23, 2015 We respectfully request that these items be considered along with the other information previously supplied to The Florida Bar on these matters. Sincerely, Scott W. Morgan, Mayor Town of Gulf Stream c.c. Scott K. Tozian, Esq. February 26, 2015 Janet Bradford Morgan, Esq. Branch UPL Counsel The Florida Bar Lake Shore Plaza II Su. 130 1300 Concord Terrace Sunrise, FL 33323 Re: Jonathan R. O'Boyle Fla Bar No. 2015 -1027 (17C) Dear Ms. Morgan: following: Supplementing our Complaint against Mr. O'Boyle, please find enclosed copies of the • Complaint, Town of Gulf Stream v. Martin E. O'Boyle, et al. Case No. 9:15 -cv -80182 (US District Court for Southern District of Florida); • Deposition Transcript of Jeffrey Marcus Gray, Gray v. Practical Academic Cultural Education Centerfor Girls, Inc., Case No. 2014 -CA -2839 (4`h Judicial Circuit, Duval County) August 8, 2014 (The O'Boyle Law Firm) • Defendant's Motion to File Amended Answer, Affirmative Defenses and Counterclaim, Martin E. O'Boyle v. Town of Gulf Stream, Case No. 2014 -CA -4474 (15" Judicial Circuit, Palm Beach County) • Order of Hon. Peter D. Blanc Granting Motion to File Amended Answer, Affirmative Defenses and Counterclaim, Martin E. O'Boyle v. Town of Gulf Stream, Case No. 2014-CA-4474(15 1h Judicial Circuit, Palm Beach County) February 23, 2015 We respectfully request that this article be considered along with the other information previously supplied to The Florida Bar on this matter. Sincerely, Scott W. Morgan, Mayor Town of Gulf Stream c.c. Scott K. Tozian, Esq. Filing # 22497217 E -Filed 01/13/2015 03:00:30 PM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA MARTIN E. O'BOYLE, CASE NO.: 502014CA004474XXXXMB DIVISION: AG Plaintiff, V. TOWN OF GULF STREAM, Defendant. DEFENDANT'S MOTION FOR LEAVE TO FILE AMENDED ANSWER AFFIRMATIVE DEFENSES AND COUNTERCLAIM COMES NOW, Defendant, TOWN OF GULF STREAM, by and through undersigned counsel, and pursuant to Florida Rules of Civil Procedure 1.170(f) and 1.190(a), moves the Court for an order granting leave to file the attached Amended Answer, Affirmative Defenses and Counterclaim and in support thereof states as follows: 1. Rule 1.190(a) of the Florida Rules of Civil Procedure provides that when a party moves to amend its pleadings " [1]eave of court shall be given freely when justice so requires." 2. Similarly, Rule 1.170(f) of the Florida Rules of Civil Procedure provides that "when a pleader fails to set up a counterclaim or crosselaim through oversight, inadvertence, or excusable neglect, or when justice requires, the pleader may set up the counterclaim or crossclaim by amendment with leave of court." (emphasis added). 3. Pursuant to Rule 1.170, based on the fact that the counterclaim is compulsory in nature, and the discovery recently obtained discloses a justification for a counterclaim, justice would be served by granting leave to Defendants to amend their answer by including a counterclaim. 4. Since the filing of its initial answer, discovery has disclosed facts supporting affirmative LAW OFFICES or SWEEfAPPLE, 13ROLKER & VARKAS, P.L. 20 S.E. 3" STREET, BOCA RATON, R.eamA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County defenses and a counterclaim which would provide Defendant with relief in the case sub judice. 5. It is settled Florida law that leave to amend should not be denied unless the privilege has been abused, there is prejudice to the opposing party, or the amendment would be futile. See Life Gen. Sec. Ins. v. Horal, 667 So.2d 967, 969 (Fla. 4th DCA 1996). It should be noted that the Defendant has not waived the privilege to amend pleadings. 6. The privilege has not been abused because this is the first time that Defendant has sought to amend its pleadings. See Id 7. With respect to any prejudice to the opposing party, Plaintiff cannot be heard to complain of prejudice because all facts contained in the proposed Affirmative Defenses and Counterclaim are known to Plaintiff. See id. 8. Furthermore, if the amendment would not precipitate additional and extensive preparation for trial then there is no prejudice to the non- moving party, yet great prejudice to the moving party by denial of the amendment. See Newman v. State Farm Mut. Pluto. Ins. Co., 858 So.2d 1205 (Fla. 0' DCA 2003). 9. The grounds for the counterclaim have been obtained in part by testimony obtained from the Plaintiff, thereby precluding any claim of surprise or prejudice. 10. In addition, the Affirmative Defenses go to the sufficiency of the face of the pleading, thereby precluding any claim of surprise or prejudice. 11. A copy of the proposed Amended Answer, Affirmative Defenses and Counterclaim is attached hereto as Exhibit A. 12. Defendant requests the Court order that the Amended Answer, Affirmative Defenses and 2 LAW OFFims OF SWEETAPPLE, BROEKm & VARRAS, P.L. 20 S.E.3R° STREET, BOCA RATON, FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXNM(AG), Palm Beach County Counterclaim be considered filed as of the date in the order granting this motion. 13. This motion for leave to amend is made in good faith, is not made for the purpose of delay, and will promote the ends of justice. WHEREFORE, Defendant, TOWN OF GULF STREAM, prays the Court to enter an order granting leave to file the attached Amended Answer, Affirmative Defenses and Counterclaim. Respectfully submitted, SWEETAPPLE, BROEKER & VARKAS, PL Attorneys for Defendant 20 S.E. 3`d Street Boca Raton, Florida 33432 Telephone: (561) 392 -1230 Email: pleadings @sweetapplelaw.com By: �14--- /- -> ROBERT A. SWEETAPPLE Florida Bar No.: 0296988 LAW OFFICES of SWEETAPPLE, Bach7m & VARKAs, P.L. 20 S.E. 3m STREET, BocA RAToN, FLoamA33432 Martin O'Boyle Y. Town of Gulf Stream 502014CA004474XXXXMB(AG), 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 13a' day of January, 2015 to: Mitchell W. Berger, Esquire and Steven B. Weber, Esquire, Berger Singerman, LLP, 350 E, Las Olas Blvd, Suite 1000, Ft. Lauderdale, Florida 33301 (Tel ephone:954 -525 -9900; Email: drt@ bergersingerman.com;mberger @bergersin german. com; sweber@ bergersingerman .com;mvega @bergersignerman.com); D. Culver Smith, III, Esquire, Culver Smith, P.A., 500 South Australian Avenue, Suite 600, West Palm Beach, Florida 33401(Telephone:561- 598- 6800;E- mail :csmith @culversmithlaw.com); Daniel DeSouza, Esquire, DeSouza Law, P.A., 1515 University Drive, Suite 209, Coral Springs, Florida 33071 (Telephone: 954 - 551 - 5320; E- Mail:DDesouza @desouzalaw.com); Nick Taylor, Esquire, The O'Boyle Law Firm, P.C., 1286 West Newport Center Drive, Deerfield Beach, Florida 33442 (Telephone: 954 -574 -6885; E -mail: oboylecourtdocs @oboylelawfirm.com; ntaylor @obeylelawfirm.eom); William Ring, Esquire, Commerce Group, Inc., 1286 W. Newport Center Drive, Deerfield Beach, Florida 33442 (Telephone: 954 - 574- 6885;Email:wring @commerce- group.com); Joanne O'Connor, Esquire, John C. Randolph, Esquire and Ashlee A. Richman, Esquire, Jones, Faster, Johnston & Stubbs, P.A., 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33402 (Telephone:561- 659 - 3000; Email: joconnor@ jonesfoster .com;jrandolph@jonesfoster.com; richman@j onesfoster. com). By: ROBERT A. SWEETAPPLE Florida Bar No. 0296988 4 LAW OFFICES OF S WEETAPPLE, BROERER & VARRAs, P.L. 20 S.E. 3"0 STREET, BOCA RATON, FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXJIXMB(AG), Palm Beach County Exhibit A IN THE CIRCUIT COURT OF THE 15n' JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA MARTIN E. O'BOYLE, CASE NO.: 502014CA004474XXXXMB DIVISION: AG Plaintiff, V. TOWN OF GULF STREAM, Defendant 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 DEFENDANT'S AMENDED ANSWER AFFIRMATIVE DEFENSES AND COUNTERCLAIM TO PLAINTIFF'S VERIFIED COMPLAINT TO ENFORCE FLORIDA'S PUBLIC RECORDS ACT AND FOR DECLARATORY, INJUNCTIVE AND MONETARY RELIEF Defendant, Town of Gulf Stream ( "Town" or "Defendant') answers Plaintiff's Verified LAW OFFICES OF SWEETAPPLE, BROMER & VAR2AS, P.L. 20 S.E.3p° STREET, BOCA RATON, FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County Complaint to Enforce Florida's Public Records Act and for Declaratory, Injunctive and Monetary Relief ( "Verified Complaint") as follows: Defendant denies alleged violations of Plaintiffs civil rights, as set forth below, but admit that this is an action pursuant to the public records laws. 2. Defendant admits that Plaintiff seeks declaratory, injunctive, and monetary relief, but denies that Plaintiff is entitled to any such relief. 3. Defendant denies alleged constitutional violations and alleged breaches of the public records laws, denies that an injunction is warranted, and denies Plaintiffs entitlement to attorney's fees, as set forth below, but admits Plaintiffs right to seek expeditious resolution of this matter pursuant to Fla. Stat.§ 119.1 l(1). PARTIES. JURISDICTION AND VENUE 4. Admitted, 5. Admitted. 6. Paragraph 6 states a conclusion of law as to which no response is required; to the extent a response is deemed required; the allegations of paragraph 6 are denied. 7. Defendant admits that venue in Palm Beach County is appropriate but denies that Plaintiff's civil rights have been violated and need vindication. 8. Admitted. 9. Admitted. 6 LAw OFFICES OF SWEETAPPLE, BROEKER& VARKAS, P.L. 20 S.E.3P° STREET, BOCA RATON, FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County FLORIDA'S PUBLIC RECORDS ACT 10. Paragraph 10 states a conclusion of law as to which no response is required; to the extent a response is deemed required; the allegations of paragraph 10 are denied. 11. Paragraph 11 states a conclusion of law as to which no response is required; to the extent a response is deemed required; the allegations of paragraph 11 are denied. 12. Paragraph 12 states a conclusion of law as to which no response is required; to the extent a response is deemed required; the allegations of paragraph 12 are denied. 3. Paragraph 13 states a conclusion of law as to which no response is required; to the extent a response is deemed required; the allegations of paragraph 13 are denied. 14. Paragraph 14 states a conclusion of law as to which no response is required; to the extent a response is deemed required; the allegations of paragraph 14 are denied. FACTS RELEVANT TO ALL COUNTS 15. Defendant is without knowledge sufficient to forma reasonable belief as to the truth or falsity of the allegations in paragraph 15 and, therefore, denies same and demands strict proof thereof. Defendant specifically denies that Plaintiff is entitled to recover fees, costs and/or expenses in this action. 16. Admitted. 17. Defendant admits that Plaintiff purports to quote from the public records request attached to the Verified Complaint as Exhibit A but denies that Plaintiff has fully, fairly or accurately characterized that request, which speaks for itself. 18. Admitted. 7 LAW OFFICES OF SwELrAPPLE, BROEKME &. VARKAS, P.L. 20 S.E. 3R° STREET, BOCA BATON, FLORIDA 33432 Marlin O'Boyle v. Town of Gulf Stream 502014CA004474X?CXX 4B(AG), Palm Beach County 19. Admitted. 20. Denied except admitted that Plaintiff requested that his request be fulfilled in electronic form, if possible, and further requested that any electronic copies be sent to him by e-mail delivery to records @commerce- group.com. 21. Admitted. 22, Admitted. 23. Admitted. 24. Defendant admits that following Defendant's removal of certain of Plaintiff's political signs, it reasonably anticipated the likelihood of imminent litigation by Plaintiff. The remaining allegations of paragraph 24 are denied. 25. Admitted that the letter attached as Exhibit B was sent by Defendant to Plaintiff by email on March 7, 2014. 26. Admitted. 27, Admitted. 28. Admitted. 29. Admitted that five (5) Town of Gulf Stream Incident Reports dated March 4, 2014 and nine (9) Incident Reports dated March 3, 2014 were produced to Plaintiff. 30. Denied. 31. Paragraph 31 states a conclusion of law as to which no response is required; to the extent a response is deemed required, the allegations of paragraph 31 are denied. 8 LAW OFFICES OF S WEETAPPLE, BROEKER & VARKAa, P.L. 2U S.E.3p0 Srmur, Boca RATON, FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County 32. Denied except admitted that a portion of Defendant's March 2014 Budget is attached as Exhibit D. 33. Admitted. 34. Admitted. 35. Defendant admits that public records are generated under the budget categories listed in paragraph 34 but denies that there are any additional public records responsive to Plaintiffs request. 36. Denied. 37. Denied except that certain of the requested documents are easily accessible to the Defendant. 38. Admitted. 39. Defendant admits that the Incident Reports produced in response to Plaintiff's request are not maintained in paper copy but in an electronic database; Defendant further states that those Incident Reports are not capable of being produced in the electronic format in which they are maintained. To the extent not otherwise admitted, the allegations of paragraph 39 are denied. 40. Paragraph 40 states a conclusion of law as to which no response is required; to the extent a response is deemed required, paragraph 40 is denied. Defendant specifically denies that its conduct has injured Plaintiff in any way. 41. Denied 9 LAW OFFICES OF SWELrAPPLE, BRosm& VARKAs, P.L. 20 S.E. 3B° STREET, BocA RATON, FLOPLIVA 33432 Martin O'Boyle v. Town of Gulf Stream 5020I4CA004474XXXXNM(AG), Palm Beach County 42, Paragraph 42 states a conclusion of law as to which no response is required, to the extent a response is deemed required, paragraph 42 is denied. Defendant specifically denies that its conduct has injured Plaintiff in any way. 43. Denied. 44. Denied. 45. Denied. 46. Denied. 47. Defendant adnuts that Plaintiff is entitled to an immediate hearing under Fla. Stat. §119.11(1). 48. Denied. COUNT UNLAWFUL WITHHOLDING OF PUBLIC RECORDS 49. Defendant realleges and incorporates by reference its responses to paragraphs 1-48, as if fully set forth herein, 50. Admitted. 51. Admitted. 52. Denied. 53. Denied. RELIEF REQUESTED With the exception of the immediate hearing requested in sub - paragraph (a), Defendant denies that Plaintiff is entitled to any of the relief sought in the "WHEREFORE" clause that follows paragraph 53 including sub - paragraphs (b) through subparagraph (f). 10 LAW OFFICES or SWEETAPPLE, BRD¢KER & VARKAs, P.L. 20 S.E. 3m STREET, BoCARA`roN, PLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474)DLv"B(AG), Palm Beach County COUNT II UNLAWFUL REFUSAL TO PROVIDE RECORDS IN ELECTRONIC FORMAT 54. Defendant realleges and incorporates by reference its responses to paragraphs 148, as if fully set forth herein. 55. Defendant admits that some public records are maintained in an electronic format; Defendant denies that any records responsive to this request are maintained in an electronic format. 56. Paragraph 56 states a conclusion of law as to which no response is required; to the extent a response is deemed required, paragraph 56 is denied. 57. Admitted. 58. Denied. RELIEF REQUESTED With the exception of the immediate hearing requested in sub - paragraph (a), Defendant denies that Plaintiff is entitled to any of the relief sought in the "WHEREFORE" clause that follows paragraph 58 including sub - paragraphs (b) through subparagraph (f). AFFIRMATIVE DEFENSES First Affirmative Defense — Unclean Hands Plaintiff has unclean hands as set forth herein and in the Counterclaim. Plaintiff, along with his son, Jonathan O'Boyle, Christopher O'Hare, William Ring, Denise DeMartini, Ryan Witmer, "The O'Boyle Law Firm, P,C (Collectively "Counter- Defendants ") and others have entered into a conspiracy and enterprise to inundate the Town of Gulf Stream with thousands of public records requests with the purpose of generating attorney fee entitlements to the above described law firm. These requests are being submitted by these individuals and by bogus not- for -profit corporations 11 LAW OFFICES OF S WEETAPPLE, BROEKKER & VARKAS, P.L. 20 S.B. 3R0 STREET, BOCA RATON, FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County formed and funded by Plaintiff and the Co- conspirators, In addition, the requests are being propounded through fictitious names and other entities created by Plaintiff and the other Counter - Defendants for the purpose of disguising their involvement of the conspirators in their scheme. Typically, the requests are for obscure or purely harassing documents for which the requester has no real interest. Under the guise of seeking open government pursuant to Florida law, Counter- Defendants have effectively crippled the clerk of the tiny Town of Gulf Stream, who has been unable to timely and competently respond to the barrage of ill- conceived requests. The conspiracy, including the operation of numerous bogus not - for -profit corporations and the purported O'Boyle Law Firm, is run from the same boiler room owned, operated and funded by Plaintiff. Plaintiff should not be heard to complain about the timeliness or completeness of public records responses in light of the fact that Plaintiff is actively attempting to subvert and prevent any such compliance by deliberately creating a barrage of requests calculated to create delay giving rise to litigation. Second Affirmative Defense — Equitable Estoppel Plaintiff is equitably estopped by his conduct as set forth above in the First Additional Affirmative Defense, and in the Counterclaim, from complaining about the timeliness or completeness of the Town's responses to his public records request. Third Affirmative Defense — Compliance With Florida Sunshine Laws At all times material, Defendant's efforts for compliance with Plaintiff's requests were reasonable under the calculated burdensome circumstances created by Plaintiff and the other Counter - Defendants' conduct. Plaintiff may not be heard to complain or seek attorney's fees where 12 LAW OFFICES OF S WEETAPPLE� BROEM & VARRAS, P.L. 20 S.B. 3RO STREET, BOCA RATON, ]FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County he himself has devised a scheme to frustrate and prevent compliance. Fourth Affirmative Defense — Unlicensed Practice of Law Plaintiff is not entitled to any attorney's fees allegedly incurred or awed to the purported O'Boyle Law Firm. That firm is not a bona fide interstate or Florida law firm. It is instead a front used by Jonathan O'Boyle to practice law in the state of Florida on a full-time basis, despite the fact that he is not admitted to do so. The firm is funded, owned, and operated by Plaintiff, Martin E. O'BoyIe, a non - lawyer. This court should revoke the charter of the O'Boyle Law Firm to conduct business in Florida and order said firm to disgorge all attorney's fees it has collected. Counterclaim for Declaratory Judgment and Injunctive Relief Defendant/Counter-Plaintiff, Town of Gulf Stream ( "the Town', by and through its undersigned counsel, hereby brings this counterclaim for Declaratory Judgment and Injunctive Relief against Plaintiff/Counter- Defendant Martin E. O'Boyle, and Counter- Defendants Ryan Witmer ( "Witmer "), an individual, Christopher O'Hare ( "O'Hare "), an individual, William Ring ( "Ring "), an individual, Jonathan O'Boyle, an individual, Denise DeMartini ("DeMartini'% an individual, Public Awareness Institute, Inc. ( "PAI'), Citizens Awareness Foundation, Inc. ( "CAFI "), Our Public Records, LLC ( "OPR "), Stopdirtygovemment, LLC ( "Stopdirtygovemment "), Commerce Group, Inc. ( "Commerce Group "), and The O'Boyle Law Firm, P.C. ("O'Boyle Law Firm', and states as follows: Jurisdiction and Parties 1. This is an action for declaratory relief pursuant to Chapter 96, Florida Statutes, and an action for temporary and permanent injunction pursuant to Fla. R. Civ. P. 1.610. 13 LAW [OFFICES OF SWEET APPLE, BROERER & VARRAS, P.L. 20 SR 3'° STREFT, Boca RAToN, FWIUOA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County 2. The Court has jurisdiction over this action pursuant to Fla. R. Civ. P. 1.170(a) and Florida Statutes § 86.011. 3. Counter- Plaintiff, the Town, is a Florida municipal corporation in Palm Beach County, Florida. 4. Counter - Defendant, Martin E. O'Boyle, is a resident of Florida, residing in Palm Beach County. Martin O'Boyle is also: (i) the President and owner of Defendant Commerce Group, Inc.; (ii) the sole member of Counter- Defendant Stopdirtygovemment, LLC; (iii) the sole member of Counter - Defendant Our Public Records, LLC; (iv) a director of Counter - Defendant Public Awareness Institute, Incorporated; and (v) a client of Counter - Defendant O'Boyle Law Firm. 5. Counter - Defendant Witmer is an attorney licensed to practice law in the state of Florida, and is a former partner in the purported O'Boyle Law Firm. 6. Counter - Defendant Ring is a resident of Broward County, Florida, is an attorney licensed to practice law in the state of Florida, and upon information and belief, is practicing with, and is a partner or shareholder of Counter - Defendant, the O'Boyle Law Firm, as well as its registered agent. Ring is also: (i) Vice - president of Counter- Defendant Commerce Group; (ii) the founding President of Counter - Defendant CAFI, (iii) and the registered agent for Counter - Defendants OPR, and Stopdirtygovemment. 7, Counter - Defendant O'Hare is a resident of Florida, residing in Palm Beach County. O'Hare is also a client of Counter- Defendant O'Boyle Law Firm. 8. Counter - Defendant Jonathan R. O'Boyle is a resident of Florida, residing in Palm Beach County, and is an attorney that is not licensed to practice law in Florida; however, he is the 14 LAw OrFicEs OF S WEEfAPPLE, BROEKER & VARKAS, P.L. 20 S.L. 3" STRF,Er, BOCA RATON, FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 5D2014CA004474XXXXMB(AG), Palm Beach County founding principal of Counter - Defendant O'Boyle Law Firm, and currently its President, sole director and manager. Jonathan O'Boyle is the son of Counter - Defendant Martin O'Boyle, and is also a director of Counter - Defendant PAI. 9. Counter - Defendant DeMartini is a resident of Florida, residing in Martin County. DeMartini is also; (i) an employee of Counter - Defendant Commerce Group; and (ii) the current President and director of Counter - Defendant CAR DeMartini manages the O'Boyle Law Firm on behalf of her long -time employer, Martin O'Boyle. 10. Counter- Defendant, Commerce Group, is a Florida Corporation with its principal place of business located at 1280 W Newport Center Dr., Deerfield Beach, Florida 33442. Commerce Group is run by PlaintifflCounter- Defendant Martin O'Boyle. 11. Counter - Defendant CAFI, purports to be a Florida non -profit corporation, with its principal place of business also located at 1280 West Newport Center Drive, Deerfield Beach, Florida 33442. 12. Counter - Defendant Stopdirtygovemrncnt, LLC is a Florida limited liability company with its sole member being Martin O'Boyle, and its principal place of business also located at 1280 West Newport Center Drive, Deerfield Beach, Florida 33442. 13. Counter- Defendant OPR is a Florida limited liability company with its sole member being Martin O'Boyle, and its principal place of business also located at 1280 West Newport Center Drive, Deerfield Beach, Florida 33442. 14, Counter - Defendant PAI purports to be a Florida non -profit corporation with its principal place of business also located at 1280 West Newport Center Drive, Deerfield Beach, Florida 33442. 15 LAW OFFICES OF SWEETAPPLE, BROEKER &. VARxns, P.L. 20 S.E. 3P0 STREET, BocA BATON, PLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County Counter - Defendants Martin O'Boyle and Jonathan O'Boyle, along with their family member Sheila O'Boyle (wife of Martin and mother of Jonathan) are the directors of PAI. 15. Defendant O'Boyle Law Firm, is a foreign corporation that purports to be a bona -fide interstate law firm, currently identifying its principal address located at 1001 Broad Strcet, Johnstown, Pennsylvania. In its Application to the Florida Department of State on February 10, 2014, the firm identified its principal address at 2146 E. Huntingdon St., Philadelphia, PA. Defendant Jonathan O'Boyle is the sole officer and director of the O'Boyle Law Firm, but is not licensed to practice law in the state of Florida. The O'Boyle Law Finn's Florida address is 1286 West Newport Center Drive, Deerfield Beach, FL 33442, which is directly adjacent to the offices of CAM, PAI, OPR, Stopdirtygovernment, and the Commerce Group. 16. All conditions precedent to this Counterclaim have been performed, occurred, or otherwise waived by the Counter- Defendants. Factual Allegations 17. Pursuant to Chapter 119, Florida Statutes, commonly referred to as the Sunshine law, the legislature has determined that: "It is the policy of this state that all state, county, and municipal records are open for personal inspection and copying by any person. Providing access to public records is a duty of each agency." 18. Florida prides itself on the transparency required of its elected officials, and its elected officials often pride themselves on providing such transparency to those that have elected them to serve. 16 LAW OFFICES OF S WEETAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 3"° STREET, BOCA RATON, FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXX MB(AG), Palm Beach County 19. Accordingly, pursuant to section 119.07, all qualifying entities: "shall permit the record(s) to be inspected and copied by any person desiring to do so, at any reasonable time, under reasonable conditions...." In furtherance of this transparency, "a custodian of public records and his or her designee must acknowledge requests to inspect or copy records promptly and respond to such requests in good faith. A good faith response includes making reasonable efforts to determine from other officers or employees whether such a record exists and, if so, the location at which the record can be accessed." 20. In addition to criminal penalties, public officers (or "contractors ") are subject to prevailing party attorneys' fees in civil court upon a showing of "unlawful refus[al to permit a public record to be inspected or copied..." Notably, this ptevailing party fee provision is one -sided and can only be invoked by the party making the public records request, and not the agency or contractor responding to the request. 21. Commencing in at least 2013, and currently ongoing, Counter- Defendants have entered into a scheme to inundate the Town with thousands of public records requests. 22. One purpose of this assault has been to frustrate the Town's abilities to comply with the requests in a timely and complete manner. This allowed Counter - Defendants to then generate lawsuits to be filed by the purported O'Boyle Law Firm who would prosper by taking advantage of the Town's delay (though justified) in compliance and thereby seeking attorney's fees. 23. Prior to the initiation of the conspiracy or scheme to create litigation by subverting the purpose of section 119.07, Counter- Defendant Martin O'Boyle already had an extensive history filing public requests in New Jersey, Florida and elsewhere. Martin O'Boyle has previously used 17 LAW OFFlCEs OF SwEErAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 3"° STREET, BOCA RATON, FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County the public records request process in abusive fashion to file thousands of requests and to file vexatious and frivolous lawsuits to cripple local governments into granting his development. 24. By way of example, in the case of Martin E. O'Boyle v. Peter Ivan, 2014 WL 340104 (N.J.Super.A.D.)l, the Superior Court of New Jersey, Appellate Division, noted: From September 2007 through early July 2008, plaintiff [Martin O'Boyle] and members of his family filed multiple requests pursuant to the Open Public Records Act (OPRA), N.J.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 an October 16 and 17 and thirty filed October 31, 2007. 25. When his daughter was being prosecuted for driving under the influence in Palm Beach County, Florida, Martin O'Boyle inundated the Palm Beach County State Attorney's Office both individually and through some of the other Counter-Defendants with over 1,300 requests for public records in an effort to stop the prosecution. 26. Despite the fact that Jonathan O'Boyle was not a Florida lawyer, he opened and ran the O'Boyle Law Firm, as a foreign profit corporation on February 10, 2014. This law firm was opened and operated from his father's corporate offices of the Commerce Group, located in Deerfield Beach, Florida. Both Martin O'Boyle and Commerce Group financed all activities of the O'Boyle Firm. 1 In the Isen case, Martin O'Boyle sued a resident of Longport for claiming Martin O'Boyle was "the enemy of Longport". The suit for defamation was dismissed by summary judgment and affirmed by the appellate court. 18 LAW OFFICES OF S WEEFAPPLE, BEOEM S'. VAAKAS, P.L. 20 S.B. 3PO STREET, BOCA l2ATON, FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County 27. Upon information and belief, at the time of registering the O'Boyle Law Firm as a Florida foreign profit corporation, and identifying a principal office address as 2146 E. Huntingdon St., Philadelphia, PA, the O'Boyle Law Firm had no real business presence in Philadelphia, Pennsylvania. 28. It further appears that at that time: a. The O'Boyle Law Firm did not own or lease any commercial space in Pennsylvania. b. The O'Boyle Law Firm did not have a business telephone line in Pennsylvania c. The O'Boyle Law Firm had no employees and paid no salaries in Pennsylvania. d. The O'Boyle Law Firm did not pay city or state taxes in Pennsylvania. e. The O'Boyle Law Firm did not obtain an occupational license to conduct business in the City of Philadelphia. 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 Gulf Stream, 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 all times material, Jonathan O'Boyle was residing in the state of Florida and practicing law without a license at the described Florida offices. 19 LAW OFFICGC OF SWEETAPPLE, BROEKER a VARRAS, P.L. 20 S.E. 3A° STREer, BOCA BATON, ]FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 5020I4CA004474XXXXMB(AG), Palm Beach County 29. Counter - Defendant Witmer, a licensed Florida attorney, was am alleged partner of the O'Boyle Law Firm, 30. Now that Counter- Defendant's had the law firm in place, Martin O'Boyle, Jonathan O'Boyle, Witmer, and the O'Boyle Law Firm required "clients" — pre - textual plaintiffs that they could use in sending out frivolous and fraudulent public records requests and accompanying lawsuits. Accordingly, Martin O'Boyle and Jonathan O'Boyle, along with Ring and DeMartini, used existing and newly formed bogus not- for - profit entities as a front to make public records requests and create litigation for the O'Boyle Law Firm which then could be used to either defraud or extort defendants into paying inflated settlement amounts and to profit from the proceeds derived thereby. 31. Martin O'Boyle, Jonathan O'Boyle and Witmer knew that they could not own and control the non - profit they now intended to create as well as the law firm to which all of the so- called "clients" would be referred. To further legitimize their scheme to defraud and extort, they needed someone experienced in initiating and pursuing public records litigation. They found that someone in Joel Chandler ( "Chandler "). 32. In or about 2013, Chandler had previously met with Counter- Defendant O'Hare to discuss public records litigation. O'Hare was upset with the Town over the denial of his zoning application regarding construction of a metal roof. 33. In an attempt to farce the Town to approve his roof, O'Hare recruited Chandler and entered into the conspiracy with the other Counter- Defendants to inundate the Town with public records requests. 20 LAW OMCES Or SWEETAPPLE, BROEKER & VARKAs, P.L. 20 S.E. 3A0 Siam, BOCA RATON, FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474)DDCSMB(AG). Palm Beech 34. O'Hare met regularly with Martin O'Boyle and Jonathan O'Boyle and agreed to work in concert with them and to file hundreds of public records requests in his own name as well as under fictitious names with the clerk for the Town of Gulf Stream. O'Hare has filed dozens of public records requests on the same day and often never even picked up requested documents. 35. O'Hare further agreed that after the Town was incapacitated and unable to timely and fully respond to the public records requests, the O'Boyle Law Firm would represent O'Hare in litigation against the Town in order to generate money for the firm. 36. Chandler instructed O'Hare on how to set up public records cases against the Town that were "Triple A" or "kill shots." 37. Thereafter, Chandler met with Martin O'Boyle, Jonathan O'Boyle, and Witmer to instruct them in the same "art." 38. Chandler has bragged to Counter- Defendant Witmer that in 2012, he was able to bring an attorney 101 public records cases "in the space of about 6 weeks. Each case had perfect facts and are what [Chandler] refer[s] to as a "Triple A" or "kill shot " 39. Chandler also advised the Counter - Defendants that they needed to "figure out the economics of this — who gets paid and how — and then how many cases we want to do and roll with it." 40. Chandler finally advised Counter - Defendants that "[t]he less conspicuous method is just to pay the filing fees and go for the throat and get paid quickly." 41. Chandler was invited to the O'Boyle home in Gulf Stream, Florida where both Martin and Jonathan O'Boyle resided. At the initial meetings Chandler, the O'Boyles, and Witmer discussed the O'Boyle Law Firm's capacity for handling public records request litigation throughout the state. 21 LAW OFFICES on S WEErAPPLE, BROEKER,& VARAAS, P.L. 20 S.E.3RD STREET, BOCA RATON, FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County 42. As a result of the meetings, Martin O'Boyle incorporated an alleged not - for - profit entity by the name of Citizens Awareness Foundation, Inc., (hereinafter referred to as "CAFI" ). Now, Martin O'Boyle was funding not only the O'Boyle Law Firm, but also one of the feeder organizations —CAFI. 43. Martin O'Boyle, on his own and through his other entities, then provided cash funding to CAFI and the O'Boyle Law Firm as well as other consideration such as free rent, use of employees, and vehicles. To do this, Martin O'Boyle used both his own personal assets and the assets of his business, Commerce Group. Martin O'Boyle effectively owned the O'Boyle Law Firm, 44. Martin O'Boyle caused the entity, CAFI, to be incorporated in Florida and directed that his three close business associates, William Ring, Denise DeMartini, and Brenda Russell be named as the Board of Directors. 45. Martin O'Boyle also agreed to hire Chandler to serve as the Executive Director of CAFI at a six -figure salary as well as substantial benefits. Chandler's duty was 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. Both CAFI and the O'Boyle Law Firm were operating from a room located in Commerce Group's offices. 46. Prior to meeting the O'Boyles, Chandler had earned approximately $5,000,00 during the year 2013. Upon opening the alleged foundation, Martin O'Boyle agreed to pay Chandler $120,000.00 per year and to provide him with a car to drive around the state to make public records requests. Martin O'Boyle advised Chandler that he would entirely fund the foundation and law firm 22 LAW OFFICES OF SWEEPAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 3" STREEr, BOCA RATON, FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County on an unlimited basis including the payment of all court filing fees. Unbeknownst to Chandler, both Martin O'Boyle and Jonathan O'Boyle were also going to require that all of CAFI's clients be represented by the O'Boyle Law Firm, that Chandler would not have exclusive control over whether a claim is settled and for how much, and that the O'Boyle Law Firm, CAFI, Martin O'Boyle and Jonathan O'Boyle intended to obtain fraudulent settlements from unwitting defendants by claiming their fees and costs were for an amount in excess of what they actually were. 47. On January 27, 2014, CAFI was incorporated and Chandler was hired to act as Executive Director. No board meetings were called nor did any occur. Instead, Martin O'Boyle undertook to direct the foundation personally, along with operatives that he placed on the board —Ring and DeMartini. 48. Martin O'Boyle threatened to stop the flow of money when his orders were not followed by CAFI. 49. As instructed, and in furtherance of the scheme, Chandler began creating public records requests and legal claims and referred these to the alleged O'Boyle Law Firm. 50. From January 2014 to at least July 2014, Jonathan O'Boyle permanently resided at his parents' home in Gulf Stream, Florida. During that time Jonathan O'Boyle helped direct the O'Boyle Law Firm from his father's offices at Commerce Group, including removing attorneys who were handling CAFI cases. At no time did Chandler direct that specific attorneys be removed from CAFI cases or authorize such personnel change. These decisions were made and directed by Jonathan O'Boyle. 23 LAW OPFICLS OF SWEETAPPLE, BROEKER & VARKAs, P.L. 20 S.E. 3 P0 STREET, BOCA RATON, ]FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County 51. Despite the fact that Jonathan O'Boyle was not a Florida licensed attorney, he also offered Chandler legal counsel with regard to Chandler's own personal cases pending in the State of Florida. Jonathan O'Boyle further advised Chandler that he had assigned a Florida pending case to himself to handle. 52. In March 2014, Chandler's suggestion was rejected and he was directed by Ring and DeMartini that all public record request lawsuits by CAFI, OPR, PAI, and Stopdirtygovemment LLC must be referred to the O'Boyle Law Firm for filing. 53. Towards the end of March and in early April 2014, Chandler learned that Ring and Martin OBoyle were making public records requests directed to the Town of Gulf Stream, allegedly at the behest of CAFI, without his knowledge or consent. 54. In April 2014, when Chandler inquired as to why he was not informed about all lawsuits filed by CAFI, the organization over which he was the executive director, DeMartini explained to Chandler that she was Martin O'Boyle's key employee and the director on the board of CAFI, to whom Chandler was to report. DeMartini further explained that she would be directing the flow of litigation to the O'Boyle Law Firm. 55. Also during April, DeMartini advised Chandler that Martin O'Boyle had approved the CAFI mission statement. DeMartini, a non- Iawyer, attended law firm meetings with Chandler and participated in reviews of all client matters, not just CAFI cases. She made personnel decisions for the O'Boyle Law Firm and managed the alleged law firm's finances while claiming to be a board member of CAFI. 24 LAW OFFICES OF S WEETAPPLE, 13ROEKER & VARKAS, P.L. 20 S.E. 3" STREET, BOCA RATON, FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County 56. During April 2014, DeMartini demanded that Chandler produce a minimum quota of 25 new public records lawsuits a week for the alleged O'Boyle Law Firm to file. 57. During this time Chandler also learned from an attorney at the O'Boyle Law Firm that Jonathan O'Boyle had been drafting lawsuits and filing them under the attorney's name without the attorney's knowledge or consent. Chandler was informed that this was done on more than one occasion and that Jonathan O'Boyle directed lawyers in the firm on settlement strategies. 58. In May 2014, DeMartini notified Chandler, who was also an individual client of the O'Boyle Law Firm, that she had full access to all of the O'Boyle Law Firm's internal records and client files. She shared all client reports with Chandler, not just reports concerning CAFI. 59. Based upon Chandler's leaming that public records requests were being filed in the name of the foundation without his knowledge, Chandler again directed that all public records requests on behalf of CAFI be made by himself, or at the very least, that he be advised they were being made. 60. On May 16, 2014, DeMartini asked Chandler for a recap of the number of cases that were referred by the foundation to the O'Boyle Law Firm during January through May. DeMartini expressed her frustration to Chandler that he "had" only generated 211 cases in the 12 weeks since CAFI was created. 61. 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 records request lawsuits. Despite this, the O'Boyle Law Firm again filed another 25 LAW OFFICER OF S WEETAPPLE, BROEKER & VARKAS, P.L. 20 S.E.3w STREET, BocA RATON, FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach lawsuit against the Town of Gulf Stream, allegedly on behalf of CAFI without Executive Director Chandler's knowledge or approval. 62. During May 2014 Chandler teamed that the O'Boyle Law Firm had no written fee agreements or engagement letters between the O'Boyle Law Finn and CAFI. 63. At the end of May 2014, DeMartini repeatedly requested that Chandler prepare verified complaint forms to be used by the O'Boyle Law Firm in public records request litigation. She specifically requested a template that could be used by the O'Boyle Law Firm, Chandler refused to comply with this demand. 64. By the end of May, DeMartini and Jonathan O'Boyle continued to express their frustration with Chandler because he insisted on reviewing and verifying all lawsuits to be filed on behalf of the foundation. DeMartini and Jonathan O'Boyle expressed concern that Chandler's review was slowing down the flow of litigation generated by the firm. 65. By this point it had become clear to Chandler that DeMartini, Ring and the O'Boyles were only concerned with the volume of cases that could be generated and with the profits that could be had from fraudulent settlement demands, rather than any public service. Chandler's repeated attempts to inform Ring and DeMartini of opportunities to work with civil rights groups, public agencies, student groups and journalists on open government issues were ignored. 66. On June 11, 2014, Chandler met with his private attorneys concerning what he perceived as serious ethical issues regarding CAFI and the O'Boyle Law Firm. His attorneys unanimously recommended to Chandler that he resign from the alleged foundation. 26 LAW OPncE3 OF SWEETAPPLF BROAKER &VARKAs, P.L. 20 S.E.3' STREET, BOCA RAToM FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County 67. On June 30, 2014 Chandler arrived at the Commerce Group /CA.FUO'Boyle Law Firm office and presented his letter of resignation to Ring. Immediately thereafter, Martin O'Boyle demanded that Chandler retract his email confirming Jonathan O'Boyle's complicity in the scheme. Martin O'Boyle threatened Chandler that if he did not retract his email concerning Jonathan O'Boyle's involvement in the "windfall" scheme, Chandler would "force us to respond by making your life very unpleasant." Thereafter, Chandler refused to retract the emails and Martin O'Boyle repeated his threats several times. 68. Chandler exited the scheme and conspiracy. He publically exposed the enterprise, contacted the Town's legal counsel, and provided an email "drop box" to the Town of Gulf Stream's legal counsel containing evidence of the fraudulent and criminal conduct. Count I — Declaratory Judgment 69. Counter - Plaintiff re- alleges and incorporates by reference the allegations set forth in paragraphs 1 through 68 above, 70. There exists a bona -fide adverse interest between the parties concerning whether Counter - Defendants have the right, power, or privilege to act in the manners described above, 71. Counter - Plaintiff has doubt about the existence or non - existence of Counter - Defendants' rights or privileges and are entitled to have these doubts removed. 72. Counter - Plaintiff maintains the following while Counter - Defendants dispute same: a. That the O'Boyle Law Firm is not a lawful interstate law firm. 27 LAW OFFICES OF S WEEfAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 3� Sramr, BocA RATON, FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County i. It is in fact funded, owned, and controlled by non - lawyer Martin O'Boyle. The purported O'Boyle Law Firm is engaged in fraud and operating contrary to Florida law and Florida bar rules. It's charter should be revoked. b. CAR and PAI are not bona -fide not- for - profit corporations. i. They are entirely funded by Martin O'Boyle and are merely his alter -egos for generating profit through the O'Boyle Law Firm. CAM and PAI are fraudulently holding themselves out as Florida not - for - profit entities, and their charters should be revoked. c. Counter - Defendants are acting individually and in concert as part of a conspiracy to subvert the lawful operation of the Town's clerk's office. i. The Court should act to so declare and enjoin the above - described conduct as authorized by the Florida Supreme Court in Davis v. McMillan, 38 So. 666 (Fla. 1905). d. Counter - Defendants' are abusing process in an effort to force the Town to concede to O'Hare's roofing application and generate legal fees for the purported O'Boyle Law Firm. e. That the email "drop box" provided to Counter - Plaintiffs counsel at the time Chandler quit the criminal and fraudulent enterprise is not protected by the attorney - client privilege because 1) CAM is not a bona -fide Florida not - for -profit entity; 2) The "O'Boyle Law Firm is not a bona -fide law firm; 3) Application of the crime -fraud exception, i.e. Florida Statute §90.502; and 4) Application of the 28 LAW OFFICES OF S WEEFAME, BROMER & VARKAS, P.L. 20 S.E. 3°O Sramr, BOCA RAron, FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 5020I4CA004474XXXXMB(AG), Palm Beach "common interest exception," i.e. Florida Statute §90.502(4)(e); 5) Waiver, as all of the alleged CAM records have been shared by CAFI with third parties including Martin O'Boyle. 73, All adverse parties are before the Court by proper process. WHEREFORE, Counter - Plaintiff respectfully requests the Court to enter judgment declaring that: a. The O'Boyle Law Firm is not a lawful interstate law firm. It is in fact funded, owned, and controlled by non - lawyer Martin O'Boyle and the purported O'Boyle Law Finn is engaged in fraud and operating contrary to Florida law and Florida bar rules, and its charter should be revoked. b. CAM and PAI are not bona -fide not - for - profit corporations. They are entirely funded by Martin O'Boyle and are merely his alter -egos for generating profit through the O'Boyle Law Firm. CAFI and PAI are fraudulently holding themselves out as Florida not - for -profit entities, and their charters should be revoked. c. Counter - Defendants are acting individually and in concert as part of a conspiracy to subvert the lawful operation of the Town's clerk's office. See Davis v. McMillan, 38 So. 666 (Fla. 1905). d. Counter - Defendants' are abusing process in an effort to force the Town to concede to O'Hare's roofing application and generate legal fees for the purported O'Boyle Law Firm. 29 LAW OFFICES OF SWEETAFPLE, BROEKER & VARKAs, P.L. 20 S.E. 3" STREET, BocARAToN, FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County e. The email "drop box" provided to Counter - Plaintiff's counsel at the time Chandler quit the criminal and fraudulent enterprise is not protected by the attomey- client privilege because 1) CAR is not a bona -fide Florida not - for -profit entity; 2) The "O'Boyle Law Firm is not a bona -fide law firm; 3) Application of the crime -fraud exception, i.e. Florida Statute §90.502; and 4) Application of the "common interest exception," i.e. Florida Statute §90.502(4)(c); 5) Waiver, as all of the alleged CAFI records have been shared by CAR with third parties including Martin O'Boyle. Counter- Plaintiff further prays the Court to retain jurisdiction to enter supplemental relief including claims for damages or disgorgement of monies or attorney's fees recovered by Counter - Defendants. Count II — Preliminary Injunction 74. Counter - Plaintiff re- alleges and incorporates by reference the allegations set forth in paragraphs 1 through 68 above. 75. As a result of Counter - Defendants' fraudulent scheme as described above, Counter - Plaintiff has suffered and will continue to sufferureparable harm. This includes the monopolization of the Town's clerk's office in fulfilling public records request and the inability of the Town to reasonably comply with the inundation being perpetrated by Counter- Defendants. 76. Counter - Plaintiff has no adequate remedy at law because without an injunction Counter - Plaintiff is unable to keep its clerk's office operating on a reasonable basis. 30 LAW OFFICES OF SWEETAPPLE, BROEKER & VARKAS, P.L. 20 S.E.3R° STREEr, ROCA RATON, FLORIDA 33432 Martin O'Boyle Y. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County 77. Counter - Plaintiff has a substantial likelihood of success on the merits because Counter - Defendants' actions, as described above, are fraudulent and intended to cripple the Town's operations, close the clerk's office, and extort the Town. 78. The entry of an injunction will not disserve the public interest because it wilt prevent the misuse of Florida's Sunshine Law by Counter - Defendants. WHEREFORE, Counter - Plaintiff prays this Court to enter a preliminary injunction against Counter - Defendants and order that they cease their fraudulent scheme of using the Florida Sunshine Law, which allows for open government for all, as a way of closing the Town government. Counter - Plaintiff respectfully requests all other relief that the Court deems proper and just. Count III — Permanent Injunction 79. Counter- Plaintiff re- alleges and incorporates by reference the allegations set forth in paragraphs 1 through 68 and 74 through 78 above. 80. Counter - Defendants actions violate Counter - Plaintiff s clear legal right to properly maintain the Town's clerk's office for all citizens. Counter- Defendants are attempting to monopolize the Town's clerk and close the office, all for the purpose of extorting the Town. 81. Counter - Plaintiff has no adequate remedy at law because without an injunction Counter - Plaintiff has no way to keep its clerk's office operating on a reasonable basis. 82. A permanent injunction is necessary to prevent irreparable harm to the Town. WHEREFORE, Counter - Plaintiff prays this Court to enter a permanent injunction against Counter- Defendants and order that they cease their fraudulent scheme of using the Florida Sunshine 31 LAW OFFICES OF SWEErAPPLE, BROEKEK & VARKAs, P.L. 20 S.H. 3"0 STREET, BOCARATON, FLORIDA 33432 Martin O'Boyle V. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County Law, which allows for open government for all, as a way of closing the Town government. Counter - Plaintiff respectfully requests all other relief that the Court deems proper and just. Jury Demand Counter - Plaintiff hereby demands trial by jury to determine disputed issues of fact attendant to the declaratory judgment. Respectfully submitted, ROBERT A. SWEETAPPLE, ESQUIRE 20 S.E. 3`d Street Boca Raton, FL 33432 Telephone: (561) 392 -1230 Email: pleadinizs@sweeWplelaw.com 0 ROBERTA. SWEETAPPLE Florida Bar No.: 0296988 32 LAw OFFICES OF SwEETAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 3AO STREET, BOCA RATON, FLaamA 33432 OConnor, Joanne M. From: OConnor, Joanne M. Sent: Wednesday, February 25, 201510:49 AM To: 'sco@morgan75 @gmail.com' Subject: RE: Bar/UPL Complaints Copy Scott Tozian. He wrote to Janet Bradford Morgan on December 22, 2014 and to Lori Holcomb on January 8, 2015 advising his office represents Jonathan O'Boyle on the UPL matter and confirming extensions of time to January 12 and then January 30, 2015. JONESFOSTER p111N\IM1\ N �1 OIIM.Ib1. Joanne M. O'Connor Attorney Direct Dial: 561.650.0498 1 Fax: 561.650.5300 1 ioconnor(a)jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tmver, 505 South Hagler Drive, Suite 1100, West Palm Beach, Florida 33401 561 -659 -3000 1 ww .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 enror. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: scottmorcan75(c)gmall.com rmailto :scottmorgan75(alamail.coml Sent: Wednesday, February 25, 2015 10:43 AM To: OConnor, Joanne M. Subject: Re: Bar /UPL Complaints OK. I just wanted to know if I needed to c.c. anyone on the UPL letter enclosing the RICO complaint and Gray deposition transcript. Since you don't have anything from a lawyer representing JO, I'll just send it in without carbon copying anyone. Thanks. Scott W. Morgan (561) 752 -1936 From: OConnor, Joanne M. Sent: Wednesday, February 25, 2015 10:35 AM To: scottmoroan75(&amall.com Subject: RE: Bar /UPL Complaints - Response to Tozian on hold subject to me connecting with Mendez - We have exhibits referenced by Tozian. - Nothing more that I have seen re Jonathan O'Boyle response re UPL, but everything I have received was forwarded to me by you. If you want to call the Branch UPL office re status, information is as follows: Unlicensed Practice of Law Algelsa Vazquez, Branch UPL Counsel Diane Kinishi, Legal Secretary (954) 835 -0233, ext. 4148 JONESFOSTER ita.....--- l "K i- l Joanne M. O'Connor Attorney Direct Dial: 561.650.0498 1 Fax: 561.650.5300 1 iaconnor ,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 die original message. From: scottmoraan75Calomall.com rmailto:scottmorgan75Calomall coml Sent: Tuesday, February 24, 2015 4:35 PM To: OConnor, Joanne M. Subject: liar /UPL Complaints Hi Joanne, I reviewed my files on the Bar Complaints and UPL Complaint, and want to make sure they are complete. My Bar Complaint file contains a Nov. 24, 2014 letter to Maura Canter requesting an extension of time to respond to Mr. Tozian's letter of Nov. 21, 2014. Did anyone send in a response to the Tozian letter or is that on hold? The last item in my Bar Complaint file is a letter from Roberto Mendez, Esq. asking whether we desired copies of any of Mr. Tozian's exhibits that he submitted on behalf of the various lawyers. Do we need to respond to that letter or do you already have copies of those exhibits? My UPL Complaint file ends with a Dec. 5, 2014 letter from Janet Bradford Morgan, Esq., Branch UPL Counsel, asking Jonathan O'Boyle for a response to the complaint against him. Is there anything after that date to your knowledge? Thanks. Scott W. Morgan (561) 752 -1936 OConnor, Joanne M. From: OConnor, Joanne M. Sent: Wednesday, February 25, 2015 10:36 AM To: 'scottmorgan75 @gmail.com' Subject: RE: Bar /UPL Complaints - Response to Tozian on hold subject to me connecting with Mendez - We have exhibits referenced by Tozian. - Nothing more that I have seen re Jonathan O'Boyle response re UPL, but everything I have received was forwarded to me by you. If you want to call the Branch UPL office re status, information is as follows: Unlicensed Practice of Law Algeisa Vazquez, Branch UPL Counsel Diane Kinishi, Legal Secretary (954) 835 -0233, ext. 4148 JONESFOSTER Joanne M. O'Connor Attorney Direct Dial: 561.650.0498 1 Fax: 561.650.5300 1 joconnornjonesfoster.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.jonesfostencom Incoming emails arc filtered which may delay receipt. This email is personal to the named recipient(g) and may be privileged and confidential. If you arc 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. From: scottmoroan75Colamail.com rma ilto:scottmorgan75Colamail.com] Sent: Tuesday, February 24, 2015 4:35 PM To: OConnor, Joanne M. Subject: Bar /UPL Complaints Hi Joanne, I reviewed my files on the Bar Complaints and UPL Complaint, and want to make sure they are complete. My Bar Complaint file contains a Nov. 24, 2014 letter to Maura Canter requesting an extension of time to respond to Mr. Tozian's letter of Nov. 21, 2014. Did anyone send in a response to the Tozian letter or is that on hold? The last item in my Bar Complaint file is a letter from Roberto Mendez, Esq. asking whether we desired copies of any of Mr. Tozian's exhibits that he submitted on behalf of the various lawyers. Do we need to respond to that letter or do you already have copies of those exhibits? My UPL Complaint file ends with a Dec. 5, 2014 letter from Janet Bradford Morgan, Esq., Branch UPL Counsel, asking Jonathan O'Boyle for a response to the complaint against him. Is there anything after that date to your knowledge? Thanks. Scott W. Morgan (561) 752 -1936 OConnor, Joanne M. From: scoffmorgan75@gmail.com Sent: Tuesday, February 24, 2015 4:35 PM To: OConnor,Joanne M. Subject: Bar /UPL Complaints Hi Joanne, I reviewed my files on the Bar Complaints and UPL Complaint, and want to make sure they are complete. My Bar Complaint file contains a Nov. 24, 2014 letter to Maura Canter requesting an extension of time to respond to Mr. Tozian's letter of Nov. 21, 2014. Did anyone send in a response to the Tozlan letter or is that on hold? The last item In my Bar Complaint file is a letter from Roberto Mendez, Esq. asking whether we desired copies of any of Mr. Tozian's exhibits that he submitted on behalf of the various lawyers. Do we need to respond to that letter or do you already have copies of those exhibits? My UPL Complaint file ends with a Dec. 5, 2014 letter from Janet Bradford Morgan, Esq., Branch UPL Counsel, asking Jonathan O'Boyle for a response to the complaint against him. Is there anything after that date to your knowledge? Thanks. Scott W. Morgan (561) 752 -1936 OConnor, Joanne M. From: OConnor, Joanne M. Sent: Tuesday, February 17, 2015 5:07 PM To: scoftmorgan75@gmall.coml Subject: RE: UPL complaint Anything further on the Jonathan O'Boyle response re Fla. Bar? JONESFOSTER Joanne M. O'Connor Attorney Direct Dial: 561.650.0498 1 Fax: 561.650.5300 1 ioconnor . 'onesfoster com Jones, Foster, Johnston & Stubbs, P.A. Hagler Center Tower, 505 South Magler Drive, Suite 1100, West Palm Beach, Florida 33401 561 -659 -3000 1 www.ionesfoster.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. From: scottmoraan75calgmall.mm rmallto•scottmorcan75falgmall coml Sent: Tuesday, January 13, 2015 8:56 AM To: OConnor, Joanne M. Subject: UPL complaint Hi Joanne, Attached is a letter received yesterday from Mr. Tozian. Scott Page 1 of 1 scottmorgan75@gmaii.com From: <scottmorgan75@gnaii.com> Date: Monday, December 29, 2014 9:09 AM To: "Joanne O'Connor" <joconmr(a}joncsfoster.com >; 'Robert Sweetapple" <xs eetapplecdsweetapplelaw.com> Attach: Scan0001.pdf Subject: J. OBoyle representation Joanne, Attached is a letterjust received on the UPL complaint. Scott 6/22/2015 Smith, Tozian, Danief& Davis, P.A. ATTORNEYS AT LAW DONALD A. SMRH, JR. SCOTT H. TOMAN GWENDOLYN H. DANIEL DEBRA J. DAVIS TODD W. MESSNER December 22, 2014 Janet Bradford Morgan, Esquire Branch UPL Counsel The Florida Bar Lakeshore Plaza II 1300 Concord Terrace, Suite 130 Sunrise, Florida 33323 -2899 SURE 200, 1D9 N. BRUSH STREET TAMPA, FLORIDA 33602 PHONE (813) 273-0063 FAX (813) 221 -8832 email ®cml hlazl www.nonaaeb r `-� PERSONAL AND CONFIDENTIAL RE: Unlicensed Practice of Law (UPL) Complaint by Mr. Scott W. Morgan against Mr. Jonathan R. O'Boyle, UPL Case No. 20151027(17C) Dear Ms. Morgan: -^ — Please be advised that our office has been retained by Mr. Jonathan R. O'Boyle regarding the above - referenced matter. Thank you for your courtesy in granting this firm an extension for Mr. O'Boyle's response until Monday, January 12, 2015. Sincerely, Scot K. Tozian, Esquires SKT /an cc: Mr. Scott W. Morgan Mr. Jonathan Reilly O'Boyle Page 1 of 1 scottmorgan75@gmaii.com From: <scottmorgan75Cgmail.com> Date: Tuesday, December 16, 2014 9:36 Alva To: "Joanne O'Connor" <joconnor(a)jonesfoster.com> Subject: Bar Complaints HiJoanne, The Commission unanimously gave retroactive authorization to the Mayor to file, advance and respond to all matters relating to the Ethics Complaints and UPL Complaints. Several of the Commissioners and the Town Manager stated that they believed the Town had previously authorized the Mayor to take these steps — perhaps not specifically, but that broad, general authorization had been granted, which would have included the filing of Bar complaints. Also, my recollection is that the O'Boyle Law Firm lawyers are taking an inconsistent position with the Bar when compared to the Court. I believe that in the litigation, they argued early on that the Bar was the proper adjudicator of our ethics and UPL defenses and so the court shouldn't act on them. Now, they argue to the Bar that these matters are already part of the underlying litigation and should be decided there. It may be something to bring up with the Bars examiner. Scott 6/22/2015 OConnor, Joanne M. From: OConnor, Joanne M. Sent: Tuesday, December 16, 2014 9:43 AM To: Iscottmorgan75 @gmail.com' Subject: RE: Bar Complaints Understood, thanks. I will likely call him to get an extension to after the holidays. JONESFOSTER Joanne M. O'Connor Attorney Direct Dial: 561.650.0498 1 Fax: 56L650.5300 I ioconnod4ioncsfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Hagler Drive, Suite 1100, West Patin Beach, Florida 33401 561 -659 -3000 1 wwwJonesfoster.com Incoming emails are filtered which may delay receipt. Tl-is 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. From: scottmorgan75@)Qmall.com [ mallto:scottmoraan75@gmall.coml Sent: Tuesday, December 16, 2014 9:36 AM To: OConnor, Joanne M. Subject: Bar Complaints HI Joanne, The Commission unanimously gave retroactive authorization to the Mayor to file, advance and respond to all matters relating to the Ethics Complaints and UPL Complaints. Several of the Commissioners and the Town Manager stated that they believed the Town had previously authorized the Mayor to take these steps — perhaps not specifically, but that broad, general authorization had been granted, which would have included the filing of Bar complaints. Also, my recollection is that the O'Boyle Law Firm lawyers are taking an inconsistent position with the Bar when compared to the Court. I believe that in the litigation, they argued early on that the Bar was the proper adjudicator of our ethics and UPL defenses and so the court shouldn't act on them. Now, they argue to the Bar that these matters are already part of the underlying litigation and should be decided there. It may be something to bring up with the Bar's examiner. Scott 5617370108 FaK 7:57 p.m. 12 -09 -2014 1/4 I FAX Cover Sheet TO: Attny. Joanne O'Connor Jones, Foster, etc. Phone: Fax Phone: 650 -5300 Y �+ ' «l Date: 12 -9 -14 Number of pages including cover sheet: FROM: Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Rita Phone: 561- 276 -5116 Fax Phone: 561- 737 -0186 4 REMARKS: ❑ As Requested ❑ Urgent o FYI ❑ For Your Review ❑ Reply ASAP Mayor Morgan asked that I send you the enclosed copy from the Florida Bar. He also instructed me to open and send you copies of anything addressed to him with regard to these matters. Jriginals to Follow by Mail: Yes CC: Fax Phone: No 5617378188 Fax John F. Harkness, Jr. Executive Director 1P5o The Florida Bar Lakeshore Plaza 11 1300 Concord Terrace, Suite 130 Sunrise, Florida 33323 December 5, 2014 PERSONAL/FOR ADDRESSEE ONLY Mr. Jonathan R. O'Boyle 1286 W, Newport Center Dr. Deerfield Beach, FL 33442 Re: Unlicensed Practice of Law Investigation of Jonathan R. O'Boyle File No, 20I51027(17C) Dear Mr. O'Boyle: 118:22 p.m. 12 -09 -2014 214 (954) 835.0233 wwsv.FLORIDABAR,org Enclosed is an unlicensed practice of law complaint filed against you with The Florida Bar by Scott Morgan. Also enclosed is additional documentation provided in support of the complaint. This matter has been assigned to Unlicensed Practice of Law Circuit Committee 17C for investigation. I am writing on behalf of the committee to request an initial written response to the complaint. As cited in the complaint, the case-of The Florida Bar v. Savitt 363 So. 2d 559 (Fla. 1978) generally guides the analysis of complaints for unlicensed practice of law concerning interstate law firs. Therefore, your written response should address the requirements of Savitt. Please also include your response to the following specific questions: List all offices of The O'Boyle Law Fir, from creation of the fir to the present, with full address and phone number(s), and the names of the attorneys and staff who work or have worked in each office. 2. List the names of all partners of The O'Boyle Law Fir, from the creation of the fir to present, Include the effective date of each attorney's partnership agreement, and a termination date if applicable. Include the state(s) of admission for each partner, and the office location for each partner. List the names of all associate and/or staff attorneys employed by The O'Boyle Law Fir, from the creation of the firm to the present. Include the effective date of each attorney's employment, and a termination date if applicable. Include the state(s) of admission for each attorney, and the office location for each attorney. /l 56173701BB Fax '9 :01 P.M. 12 -09 -2014 314 THE FLORIDA BAR Mr. Jonathan R. O'Boyle Re: Jonathan R. O'Boyle File No. 20151027(17C) December 5, 2014 Page 2 4. Provide a copy of the partnership agreement for each partner of the firm. If not evident from the partnership agreement(s), explain the formula of calculating each partner's compensation and/or share of the firm profits. 6. List all managing partners of the firm's Florida office from inception of the firm to present, with dates of their role and managing partner. Who was the supervising Florida partner responsible for the client CAFI, from the date CAFI became a client to the present? What attorneys of the firm performed legal work for the client CAFI? 8: What percentage of the firm's work is presently being handled by The O'Boyle Law Firm's offices outside of Florida? List the attomey(s) responsible for that work. 9. List all cases in which you have been admitted pro hac vice in Florida state or federal court in the past 24 months, and provide copies of the motions and any documentation which accompanied the motions. 10. The complaint alleges that you supervised the work of Florida firm attorneys in the representation of CAFI, Please address this general allegation, and include your response to the following specific allegations: -a. In the complaint, it is alleged that Mr. Chandler, as director of CAFI, was to forward "any evidence that would serve as a pretext for a lawsuit" to you for the filing of litigation. b. In the complaint, it is alleged that you were working full -time at The O'Boyle Law Firm offices in Deerfield Beach and that from January to June 2014, Jonathan O'Boyle directed the activities of The O'Boyle Law Firm in Florida. c. In the transcript of Joel Chandler's swam statement of July 23, 201,4 (hereinafter "Chandler's Statement "), P. 100, L. 17 —P. 102, L.2, Chandler testifies that you emailed him that you had "assigned" yourself to a case involving the Florida DCF. d. In Chandler's Statement, P. 167 - P. 169, Chandler discusses a conversation he had with attorney Nick f Taylor] wherein Nick advised Chandler that you had instructed Taylor on the amount of attorney's fees to be demanded in a Florida case being handled by Taylor. 5617370188 Fax 19:41 p.m. 12 -09 -2014 414 THE FLORIDA BAR Mr. Jonathan R. O'Boyle Re: Jonathan R O'Boyle File No. 20151027(17C) December 5, 2014 Page 3 Please include any other information or documentation that you believe is relevant, and would assist the committee in evaluating this matter. I would appreciate receiving your written response no later than December 29, 2014. Responses should not exceed 25 pages and may refer to any additional documents or exhibits that are available on request. Please send your written response to me, and I will forward it to the unlicensed practice of law circuit committee. Any response by you will become a part of the UPL record in this matter and become accessible to the public upon closure of the case. Thank you for your cooperation. Sincerely, Janet Bradford Morgan, Esq. Branch UPL Counsel Enclosures cc: The Honorable Scott W, Morgan, Complainant Evan Brett Klinek, Esq., Chair, UPL Committee 17C Niatias, Sally From: Matias, Sally Sent: Wednesday, December 10, 2014 8:40 AM To: OConnor, Joanne M. Subject: FW: Fax Server. Fax Received - From: '5617370188' To: 'Kim Williams (ext 703)' Attachments: recv0017.pdf SEE FAX FROM GULF STREAM ATTACHED JONESFOSTER Jul I N"I IN k n Ysiu; PA. Sally Matias Secretary to john C. Randolph, H. lAichael Easley, and Keith W. Rizzardi Direct Dial: 561.650.0458 1 Fax: 561650.5300 1 smadas g `onesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Hagler Drive, Suite 1100, West Palm Beach, Florida 33401 561- 659 -3000 j www.jonesfoster.com Incoming emails are filtered which may delay receipt, 11is 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. From: Inbound Fax Sent: Tuesday, December 09, 2014 3:47 PM To: Matlas, Sally Subject: FW: Fax Server: Fax Received - From: '5617370188' To: 'Kim Williams (ext 703)' scottmorgan75@gmaii.com From: "Scott Morgan" <scoUmorgan75 @gnu l.com> Date: Monday, November 10, 2014 3:06 PM To: <kavery@gulf- stream.org> Attach: FlaBar-Canter.le.1 1-1 1-14.docx: FlaBar-UPL.Morgan.le. 11-1 1-14.docx Subject: Letter to the Bar Hi Kelly, Would you please prepare these two letters on Town stationary for my signature? Thank you. Scott W. Morgan Page 1 of 1 6/22/2015 November 11, 2014 Maura Canter, Esq. The Florida Bar 651 East Jefferson St. Tallahassee, FL 32399 -2300 Re: Nickalaus Taylor, RFA No. 15 -0432 Giovani Mesa, RFA No. 15 -4031 Ryan Witmer, RFA No. 15 -4033 William F. Ring, Fla Bar File No. 2015- 50,283(17D) Dear Ms. Canter: Supplementing our Complaints of unethical behavior on the part of the above - named attorneys, please find enclosed an article from the Florida Center for Investigative Reporting dated November 9, 2014. We respectfully request that this article be considered along with the other information previously supplied to The Florida Bar on these matters. Should you have any questions, please do not hesitate to contact me. Sincerely, Scott W. Morgan, Mayor Town of Gulf Stream November 11, 2014 Janet Bradford Morgan,Esq. Branch UPL Counsel The Florida Bar Lake Shore Plaza II Su. 130 1300 Concord Terrace Sunrise, FL 33323 Re: Jonathan R. O'Boyle Fla Bar No. 2015- 1027 (17C) Dear Ms. Morgan: Supplementing our Complaint against Mr. O'Boyle, please find enclosed an article from the Florida Center for Investigative Reporting, dated November 9, 2014. We respectfully request that this article be considered along with the other information previously supplied to The Florida Bar on this matters. Should you have any questions, please do not hesitate to contact me. Sincerely, Scott W. Morgan, Mayor Town of Gulf Stream c.c. Evan Brett Klinek, Esq. Page 1 of 1 scottmorgan75@gmaii.com From: "Scottmorgan75 @gmail.com" <scottmorgan75 @grra.com> Date: Tuesday, October 28, 2014 3:41 PM To: <kavery @gulf- strcam.org> Attach: Affidavit of Joel Edward Clnmdler - Notariued.pdf; FlaBar- UPL.Morgan.lc.docx; FlaBar- Canterle.docx Subject: Letters to the Bar Hi Kelly, Would you please prepare for my signature two letters to the Florida Bar, both of which will include the attached Affidavit of Joel Edward Chandler. The first letter is to Maura Canter, Esq. The second letter is to Janet Bradford Morgan, Esq. with a carbon copy to: Evan Brett Klinek, Esq. Chair, UPL Committee 17C Greenspoon Marder, PA Su. 1500 200 E. Broward Blvd. Ft. Lauderdale, FL 33301 Thanks. Scott Morgan 561 -573 -6006 Sent from Windows Mail 6/22/2015 October 28, 2014 Janet Bradford Morgan,Esq. Branch UPL Counsel The Florida Bar Lake Shore Plaza II Su. 130 1300 Concord Terrace Sunrise, FL 33323 Re: Jonathan R. O'Boyle Fla Bar No. 2015- 1027 (17C) Dear Ms. Morgan: Supplementing our Complaint against Mr. O'Boyle, please find enclosed the sworn Affidavit of Joel Edward Chandler. We respectfully request that this Affidavit be considered along with the other information previously supplied to The Florida Bar on this matters. Should you have any questions, please do not hesitate to contact me. Sincerely, Scott W. Morgan, Mayor Town of Gulf Stream c.c. Evan Brett Klinek, Esq. October 28, 2014 Maura Canter, Esq. The Florida Bar 651 East Jefferson St. Tallahassee, FL32399 -2300 Re: Nickalaus Taylor, RFA No. 15 -0432 Giovani Mesa, RFA No. 15 -4031 Ryan Witmer, RFA No. 15 -4033 William F. Ring, Fla Bar File No. 2015- 50,283(17D) Dear Ms. Canter: Supplementing our Complaints of unethical behavior on the part of the above - named attorneys, please find enclosed the sworn Affidavit of Joel Edward Chandler. We respectfully request that this Affidavit be considered along with the other Information previously supplied to The Florida Bar on these matters. Should you have any questions, please do not hesitate to contact me. Sincerely, Scott W. Morgan, Mayor Town of Gulf Stream OConnor, Joanne M. From: OConnor, Joanne M. Sent: Friday, August 22, 2014 4:21 PM To: scottmorgan75 @gmail.com; 'Bill Thrasher' Cc: ' rsweetapple @sweetapplelaw.com'; Macfarlane, Mary (MMacfarlane @jonesfoster.com) Subject: Gulf Stream Attachments: 1 K27107 -flodda bar re public records.DOCX; Inquiry%20Complaint %20Form.pdf; 20140821153258849.pdf Please let me know if you are available on Monday to discuss the process. Note the following link and instructions attached. htto:// www. floddabar. org/ TFBI fFBConsum. nsf/ 48e76203493b82ad852567O9007Oc9b9 /59cac57c8bel 1 c2085 256b2f006c58a5 ?OoenDocument Nonlawyer's name and address; Jonathan O'Boyle 1286 W. Newport Center Drive Deerfield Beach, FL 33442 (561) 758 -1223 Thanks, Joanne JONESFOSTER ---- pu4snnx�iriuv. � Joanne M. O'Connor Attorney Direct Dial: 561.650.0498 1 Fax: 561.650.5300 1 joconnod4joncsfoster.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.jonesfost".com US. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Intoning emails are filtered wMch 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. WORK PRODUCT PRIVILEGED COMMUNICATION DRAFT FLORIDA BAR CORRESPONDENCE 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 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(alcommerce- group.com. 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 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 Gulfstream and William H. Thrasher, Jr., Case No.: 2014CA000720XXXXMB 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`x' 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 "H "); 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 "I'D. 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 11111). 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 "_"). 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 -rime 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 CAM 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"), 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 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(@,commierce-proul).co 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. CAR 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 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 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 CAR 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 CAM 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 (15a' 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 1 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 (nlcitizensawarenessfoundation 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, 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 STOPDIRTYGOVERNMENT LLC and Martin E O'Boyle v. Gulf Stream, Case No. 2014CA008529RL (Cty. Court, 15`h Jud. Cir, in and for Palm Beach Cty.). The Public Records Lawsuits The O'Boyle Law Firm has filed 25 public records lawsuits against the City 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 CO 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. 894 (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. Savitt, 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. Signature Date The Florida Bar 651 E. Jefferson Street Tallahassee, Florida 32399 -2300 Toll Free 1- 866- 352 -0707 (ACAP) IMPORTANT INSTRUCTIONS YOU MUST READ PRIOR TO FILLING OUT THE INQUIRY /COMPLAINT FORM Please read all instructions carefully before completing the inquiry/complaint form. If the form Is not properly completed It may be returned for correction. You may submit up to 25 pages including the inquiry/complaint form. If you have not already done so, you should contact the Attomey /Consumer Assistance Program (ACAP) at the above toll free number, to see if they can help resolve the matter about which you wish to complain. Please print or type in black ink only. PLEASE NOTE: The Florida Bar cannot intervene on your behalf in a civil or criminal case, nor can we give you legal advice. We do not have jurisdiction to consider complaints againstjudges and many elected officials. Our lawyer regulation department considers whether an attorney has violated our rules of conduct and determines whether, under the totality of the circumstances, the attorney should receive some type of discipline. The level of investigation varies depending on the complexity of the allegations. If your inquiry/complaint is closed, you will receive a written explanation of the reasons why. There is no right to appeal a decision not to pursue an investigation. PART ONE — Complainant Information. You must give your name, address and phone number. If you have an email address, please provide that information as well. If you have already contacted ACAP, please indicate your ACAP reference number in the space provided. If you have previously filed a complaint with our office against a member of The Florida Bar, please indicate how many complaints you have filed. If your inquiry/complaint pertains to a matter currently in litigation, please indicate that in the space provided. PART TWO — Attorney Information. You must give the name, address and phone number of the subject attorney. The address of the attorney is particularly important as many lawyers have the same or similar names. List only one attorney per form (you may copy this form if you need additional copies). The Florida Bar processes inquiry/complaint forms only against individual attorneys, not against law firms. PART THREE — Facts /Allegations. Describe each thing about which you are complaining. Recite all of the details, in chronological order, supplying dates where possible. Please number any additional pages you attach. If you have letters, documents or other evidence, you should attach photocopies (DO NOT SEND ORIGINAL DOCUMENTS). It is helpful if you mark your attachments as exhibits (A, B, C, etc.), and refer to them in your description of your complaint. Please be aware that simply alleging conclusions without setting out facts that support those conclusions will result in the need for the Bar to ask you for additional Information and may delay a disposition of your complaint. PART FOUR — Witnesses. Your inquiry/complaint will be considered even if there are no witnesses. If you have witnesses, attach an additional sheet, listing nothing but witnesses, with the name, address and telephone number for each witness, and include a brief description of the facts about which that witness would testify. If you do not attach a list of witnesses, we will presume that you have no witnesses, other then the attorney and yourself. PART FIVE — Signature. You must sign the form and certify under penalty of perjury that your allegations are true. Unworn complaints are not considered. Submit the original inquiry/complaint form to our office via U.S. Mail. Photocopies of your signature are not accepted. RETURN TO: The Florida Bar Attorney /Consumer Assistance Program (ACAP) 651 East Jefferson Street Tallahassee, Florida 32399 -2300 NOTICE Mailing Instructions The Florida Bar converts its disciplinary files to electronic media. All submissions are being scanned into an electronic record and hard copies are discarded. To help ensure the timely processing of your inquiry/complaint, please review the following guidelines prior to submitting it to our office. 1. Please limit your submission to no more than 25 pages including exhibits. If you have additional documents available, please make reference to them in your written submission as available upon request. Should Bar counsel need to obtain copies of any such documents, a subsequent request will be sent to you. 2. Please do not bind, or Index your documents. You may underline but do not highlight documents under any circumstances. We scan documents for use in our disciplinary files and when scanned, your document highlighting will either not be picked up or may obscure any underlying text. 3. Please refrain from attaching media such as audio tapes or CDs, oversized documents, or photographs. We cannot process any media that cannot be scanned into the electronic record. 4. Please do not submit your original documents. All documents will be discarded after scanning and we will not be able to return any originals submitted to our office. The only original document that should be provided to our office is the inquiry /complaint form. 5. Please do not submit confidential or privileged information. Documents submitted to our office become public record. Confidential /privileged information should be redacted. Such information includes, but is not limited to, bank account numbers, social security numbers, credit card account numbers, medical records, dependency matters, termination of parental rights, guardian ad ]item records, child abuse records, adoption records, documents containing names of minor children, original birth and death certificates, Baker Act records, grand jury records, and juvenile delinquency records. If information of this nature is important to your submission, please describe the nature of the information and indicate that it is available upon request. Bar counsel will contact you to make appropriate arrangements for the protection of any such information that is required as part of the investigation of the complaint. Please be aware that materials received that do not meet these guidelines may be returned. Thank you for your consideration in this respect. The Florida Bar Inquiry/Complaint Form PART ONE (See Page 1, PART ONE — Complainant Information.): Your Name: Organization: Address: City, State, Zip Code: Telephone: E -mail: ACAP Reference No.: Have you ever filed a complaint against a member of The Florida Bar: Yes n No If yes, how many complaints have you filed? Does this complaint pertain to a matter currently in litigation? Yes No PART TWO (See Page 1, PART TWO — Attorney Information.): Attorney's Name: Address: City, State, Zip Code: Telephone: PART THREE (See Page 1, PART THREE — Facts /Allegations.): The specific thing or things I am complaining about are: (attach additional sheets as necessary) (Note that this field maxes out at 1800 characters - attach additional sheets as necessary) 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. Print Name Signature Date ra ammey imonnanon I Yennvivanta Utsetpliamy Board Page I of I The Disciplinary Board of the Supreme Court of Pennsylvenfa PA Attorney Information Jonathan Reilly O'Boyle PA Attorney ID: 314800 Current Status: Active Data of Admission: 11/13/2012 Lawfirm: Other Organization: District: 0 County: f Slate Public Access Address: 23 N HIDDEN HARBOUR DR OULFSTREAM, FL3a48a Tel: i 758 -1223 Fax: of Insurance: Liability Prrofessimaintain a onProfessional t .4). but Liability private pursuant provisions posil of xposure to malprecllee actions. Comment: Discipline: 6x004014 The DIWpOnary seerd N I.Sprwnv Co.i er P.MoMv. I bcP W,ner Fu vuee0maummmwAe roeaetllap Newvbel:e, pleeea mNagwalweb.euvveM®mevueM1.uv. 1. u... 11 ......... --- A --- /L...I. .._ /..., ..u..... -. :.0 �Lq:d_.v1A<AA 0.�A........tiA AIAMn1A PA Attorney Information I Pennsylvania Disciplinary Board PA Attorney Information Jonathan Reilly O'Boyle PA Attorney ID: 314600 Curront Status: Active uate or Hamission: 71/73/2012 Other Organization: District: 0 County: Cambria Public Accoss Addross: 1uu1 UKUAU a i JOHNSTOWN, PA 16906 Tol: 661768-1223 Fax: Page 2 of 2 Professional Liability I malnlain, either Individually or through my firm, Professional Liability Insurance pursuant to the Insurance: provisions of Rule of Professional Conduct 1 A(C). Comment: -- -- Discipline: 9)2007 -2014 The Disciplinary Board of the Supreme Court of Pennsylvania. I Disclalmer For questions or comments regarding the website, please contact us at web.support(a2pacourts.us. http:// Www, padiscip lvnaryboard,orgllook- up /pa- attorney- info.php ?id= 314500 &pdcount =0 5/29/2014 Kelly Ave From: OConnor, Joanne M. <JOConnor @jonesfoster.com> Sent: Friday, June 26, 2015 12:53 PM To: Jonathan O'Boyle Cc: stearns @jambg.com; kendrake @dldlawyers.com; Kelly Avery; Macfarlane, Mary Subject: Gulf Stream - Jonathan O'Boyle PRR - UPL File Attachments: 201506261049 _pdf, 201506261045 _pdf, UPL Complaint Exhibit 1 jpg; UPL Complaint Exhibit 2jpg; UPL Complaint Form Cover Pagejpg; UPL Complaint- Oboyle 8- 25- 14.docx; UPL Complaint- O'Boyle— Signature pageJpg; Town of Gulf Stream; 201506261229 _pdf Jonathan — Please allow this correspondence to constitute the Town of Gulf Stream's further production in response to your public records request related to the UPL complaint made on August 25, 2014. Attached to this email is the following: • Communications by and between Scott Morgan or the Town and The Florida Bar (we have previously sent to you communications sent by Sweetapple, Broeker & Varkas to The Florida Bar). This includes a communication dated May 26, 2015 from Algeisa Vasquez to Mr. Morgan advising that the file was closed on May 20, 2015. • Copies of records regarding the UPL Complaint maintained by Scott Morgan. • A September 29, 2014 communication to me from the Town forwarding various correspondences received from The Florida Bar on September 17, 2014 including one from Maura Canter regarding you. • Communication from me to Messrs. Tozian and Smith dated March 6, 2015 and from Mr. Berger to me, Mr. Sweetapple and Mr. Richman dated September 19, 2014. You have requested any contracts or authorizations to work on the UPL complaint between the Town and Mr. Sweetapple or anyone else. In this regard, I would refer you to the minutes of the December 12, 2014 Town of Gulf Stream Commission Meeting, which are publicly available on the Town's website. There are no other public records responsive to this request. With regard to your comments about the Sweetapple August 2014 invoices that have been redacted to reflect exempt information, it appears we will have to agree to disagree. As I mentioned, that invoice is the subject of ongoing litigation and we can expect the court to decide the issue. The Town believes that the identity of potential witnesses and sources of information that its attorneys identified as material to pending litigation clearly reflects litigation strategy that is exempt under the Act. Finally, I note that you have broadly requested the Town's "entire UPL file" on you. To the extent that any Town officer, employee or outside attorney had a file so designated, all responsive records have now been produced. Please note that, in response to numerous public records requests seeking documents on which the Town relied when preparing prior motions for sanctions and a motion to disqualify, the Town has previously produced numerous documents regarding you and your bar membership. See, e.g., Town's response to PRR 14 -1190. I understand that the Town has also produced to you the transcribed statement of Joel Chandler. The Town considers your request for public records related to your UPL file to now be closed. In the spirit of ongoing cooperation and dialogue, please feel let me know if there are additional public records that you seek from the Town. A telephone call might be more productive than ongoing email; if you and Mr. Drake would like to call, I will make myself available. Regards, Joanne JONESFOSTER 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. llagler Center'1'ower, 505 South Hagler 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, am- review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. Kelly Avery From: Postmaster Sent: Friday, June 26, 2015 12:54 PM To: Local Recipient Subject: 201506261049, pdf Linked Attachment Download The following attachment was removed from the associated email message. You may download the attachment, if you are sure that it is safe to do so, by clicking the Click Here to Download link below. File Name 201506261049.pdf File Size 8499504 Bytes Click Here to Download This attachment file has passed various security checks, but this does NOT guarantee that the file is safe. You should only download the attachment if you know and trust the sender. Attachment downloads are monitored and audited for security reasons. RECEIVED 10/01/2014 11:45 5613946102 SBV THE FLORIDA BAR Unlicensed Practice of Law Complaint Form There is a requirement for you to execute the oath at the end of this form. False statements made in bad faith or with malice may subject you to civil or criminal liability. A copy of your complaint may be sent to the nonlawyer during the course of the Investigation. Additionally, if the nonlawyer asks who complained, your name will be provided. Further information may be found In the pamphlet "Filing an Unlicensed Practice of Law Complaint." Your Name: Scott W. Morgan Address: 100 Sea Rd, City: Gulf Stream State & Zip: FL 33483 Telephone: 561- 276 -5116 Nonlawyer's UPL Department Name, Jonathan R. O'Boyle Address: 1286 West Newport Center Dr. City-- Deerfield Beach __ ^ State & Zip: FL 33442 'telephone: 954- 574 -6885 Describe your complaint and attach a copy of relevant documents. Please limit complaint and attachments to 25 pages. My name is Scott W. Morgan and l 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 Altamey /Consumer Assistance Program against certain lawyers of The O'Boyle Law Firm for violations of numerous rules of The Florida Bar, as well as with The Florida Bar's Unlicensed Practice of Law Division against a specific individual, Jonathan R. O'Boyle of The O'Boyle Law Finn, I nder 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. Gtf. /e ,941,pe-l.— f 2J _.. Sign re Dale RETURN TO TFl� F�.OR[DA BAR UPL Department UPL Department UPL Ihpartrne"' UPL Department UPL Department The Florida Bar The Florida Bar The Florid, Bar The Florida Bar The Florida Bar Suite 2510 The Calaway Center Lake Shure Plaza if Klverilate Plata 651 B. Jembrsun SL 4200 Oeorge J. Bean Suite 1625 Suite 130 Suite M -100 Tallahauce, Fl. Pkwy, 1000 Legion Place 1300 Concord Tar. 444 Brickell Ava, 32399.2300 Tampa. FL 33607 Orlando. FL 32801 Sunrise, FL 33317 Miami, FL 33131 RECEIVED 10/01/2014 11:45 5613946102 SBV 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 Nickalatrs Taylor, Florida Bar No. 51629 Verhonda Williams, Florida Bar No. 92607 Ryan Witmer, Florida Bar No. 0107563 The public records litigation prosecuted by this fimt and attorneys includes 25 Public Records Act suits filed against the'rown of Gulf Stream ( "the Town ") since January 2014 an behalf of Martin O'Boyle and entities uffiliated 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(0, 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 /Wa 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 sale officer and director of The O'Boyle Law Finn; A principal office address at address of 1280 W. Newport Center Drive, Deerfield Beach, FL 33442; and A mailing address of 2146 E. Huntingdon Strect, Philadelphia, PA 19125 The Application was completed by paralegal Norma Lenna, who provided an email address of emr a enmmeroe- eroun.cum. (The Application is available on the Florida Division of Corporations website at www.sunhir.oru). The O'Boyle Law Firm was registered to transact business with the State of Florida effective February 10,2014, RECEIVED 10/01/2014 11:45 5613946102 SBV Non - Florida Bar Member Jonathan R O'Boyle A recent, 2012 graduate of Drexel University School of I,aw, 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 swom Verified Motion for Admission to Appear Pro Hac Vice in the case of Chrislopher F. O'Hare v. Town nj'Ual%slrcom and William H. Thrasher, Jr., Case No.: 2014CA00072OXXXXMB 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 R. Huntingdon Street, Philadelphia. ('That address appears to be a residential property constituting a homestead owned by a relative or Mr, O'Boyle, Kelly L. O'Boyle). He also swore that he is domiciled in and permanently resides at 107 South 1P Street, Longport, New Jersey. In addition to the case before Judge Sasser, Jonathan O'Boyle has applied to appcor pro hoc vice in the following Florida cases: • Marlin O'Boyle v, Town of Gulf .Stream, Case No.: 9:2013 -ev- 80530 -DMM (Middlebrooks, J.) (since dismissed) on June 17, 2013 (see Exhibit' 11 "); and Chrlvlopher O'Hare v, Tawn qJ Guljrlream, Casa No,: 9:13 -CV- 81053 -KLR (Ryskamp, J.), on or about January 13, 2014 (see Exhibit "P'). Although Jonathan O'Boyle represented to the Florida courts that he practiced outside the slate, as or April 4, 2014, the Pennsylvania Bar had Jonathan O'Boyle registered as an out-or- state lawyer with an address at the home of his father, Martin O'Boyle, at 23 North Hidden Harbour Drive in Gulfatream, 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, Johnsinwn, PA. (Exhibit 112 "), 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 load io litigation and atatutory 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 RECEIVED 10/01/2014 11:45 5613946102 SBV Law Finn and, simultaneously, the non - profit foundation CAFI, and to re- activate corpotalc entities previously formed by Martin O'Boyle for the sale 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 Oulf Stream, Florida. According to Florida Department of State Division of Corporations records available ut wwwsunhiz.nru the following entities affiliated with Martin O'Boyle are also fretted at 1280 West Newport Center Drive, the address the O'Boyle Law Firm first provided the Florida Division of Corporations: Commerce Group, Inn. — 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 wits 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 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. CC Acqusition Company, Ina — 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 1266 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. RECEIVED 10/01/2014 11 :45 5613946102 SBV 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. - rucnrds«icunnnurce- areun.gom Crestion of Citizen -Awareness Foundation Ina (CAFI "t 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 Oul f 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. CAF1 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 tho 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 CAN. A Commerce Group employee handled payroll for CAN 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 entitles and state contractors. Thereafter, any evidence that would serve as a pretext for a lawsuit was to be forwarded immediately to Jonathan O'Boyle I'or 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 CAF] 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 Finn, However, almost immediately after Chandler began with CAFI, O'Boyle expressed to him it 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 CAR 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 f'or the Commerce Group had been making public records requests to the Town of Gulf Stream on RECEIVED 10/01/2014 11:45 5613946102 SBV behalf of CAFI without his knowledge or approval but, instead, at the direction of Martin O'Boylc. Chandler later learned that well over a hundred unauthorized public records requests had been made by the Commerce Group in the foundation's name,z In mid -April 2014, Chandler came to loam that Denise DeMartini, Martin O'Boyle's long -time business associate at the Commerce Group and the CAN director to whom Chandler reported, was managing operations of 7'h® 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 now 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 CAFI 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. Darner & Noble College Bnokoore, be referred to the Thomas & LuClcero 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 (API v. Gulf Stream and Brannon & G/llesplu LLC, Case No. 2014CAXXXXMB006112 AA (IS" Judicial Circuit in and for Palm Beach Cty.). DeMartini expressed to Chandler on numerous occasions her frustration that CAFE was not generating sufficient flew 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 Finn in public records request litigation. Chandler refused, citing independent s In feet, some 40 publlc records requests wore made by CARI to the Town ovum 2 -day period on April 22 and 234 2014, with directions to respond to j�ghlerrr, dlu4ayllN 't?rung351i11att1aljL+a.,L+(8. RECEIVED 10/01/2014 11:45 5613946102 SBV 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 CAR 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 ollice and presented his letter of resignation to Ring. On July 3, 2014, CAR filed Articles of Amendment by which DeMartini became its President following Ring's resignation. Bing continues to serve as General Counsel and Vice President of The Cominerce Group and is newly associated with The O'Boyle Law Firm. I le bus 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, S'aa ,VOPDIRTYGOVERNMENT LLC and Martin E. O'Boyle v. Gulf Stream, Case No. 2014CA008529RL (Cty. Court, 15'" Jud. Cit. in and for Palm 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, CAR, STOPDIRTYGGVERNMENT LLC and CO Acquisition Company, Inc. Notwithstanding the hundreds of public records requests made to the 'Town by Martin O'Boyle and his affiliated entities, including CARL The O'Boyle Law Firm has filed every suit arising out of these requests. The O'Boyle I,aw Finn has now filed hundreds of public records lawsuits throughout the State of Florida but, on intbmtation and belief, has not filed any such lawsuits in the State of Pennsylvania or elsewhere. Violations of The Florida Bar Rules Sharing Soace With Non - Lawyers. Sharing Client f onAdences The O'Boyle Law Firm's sharing of space with its clients including the Commerce Group, STOPDIRTYGOVERNMENT LLC, CAF], CO Acquisition Company Inc. and numerous tither legal entities that Identify 1280 West Newport Center Drive is 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. Ber Ethics RECEIVED 10/01/2014 11:45 5613946102 SBV Op. 88.15 (Oct. I, 1988) ( "An attorney must take steps to avoid misleading the public as to the nature ofthe business activities being conducted within his or her offices.,,) Captive Law Firm and Feeder Relationships The Florida Bar odes 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 affect of CO Acquisition Company, Inc., a Vice President of the Commerce Omup 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 Low 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 snliciation of business an 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 Low 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- IS(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 I aw As set Ibrth above, it appears that Jonathan O'Boyle, a lawyer not admitted to practice in Florida, has "establishfed) 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 "). ,Yee afsn 'fhe Florida Bar v..Savilt. 363 Su. 2d 559 (PIa. 1978). RECEIVED 10/01/2014 11:45 5613946102 SHV Counsel for the'I'own 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 we, A. �l% Z Imo.._ S' atu jjate Scott W. Morgan Mayor Town of Gulf Stream 100 Sea Rd. Gulf Stream, FL 33483 RECEIVED 10/0112014 11:45 5613946102 S6V l.'A AUU"J' ey luorwa➢DIl i.Venn9Yryama Lhsclpll� B04ld Page I of 1 Thy scip n Board 0f the Supreme Court of Pennsylvania PA Attorney Information Jonathan Reilly O'Boyle PA Attornav lD: 314nan Date Other Orgonlzatlon: DlaRfct: p DR Prafecelonal Uahlllty Ineurence: aa0lr.iefl7M obdµwry MnddM ap.mlo+nar.l+gxw,. � 21zr1�! ❑s rwa.ew amnnN npw�wr.Wl, rMUm�Naw tie lum+M,e LH_.//..... ......d:...:...1:....._.L.....d .... /Ld...- 1......M....... :..R .F..9: {.71 /CM U_A....u.a..A n1�Y III %k . 1 RECEIVED 10/01/2014 11:45 5613946102 SBV PA Attorney Information I Pennsylvania Disciplinary loam Page 2 of 2 PA Attorney Information Jonathan Reilly O'Boyle PA Attorney 10: 314633 Current Status: Active Date of Adrnlaelon: 11/13f2012 u Public Aauaes Addroee: iuuI onu„ual JOHNSTOWN, PA 16308 601788-1223 Proreaelonal Llablllty I maintain, 8�tharindlvldually or throuoh my Vim. Pfara6elDnal Unblllty Insurance purauanj to the Inaurance: provlelone o Rule of P(afeielanal Conduct 1.4(0). olaoipllno: 02007 -2014 The Disciplinary Board of the Supreme Court of Pennsylvania. I 21801almo For questions or oommonts regarding the website, please contact us at web.suoaorfftacourts. us. hltp;l/ W vrv. padiscipiinttryboard ,org/look.uplpa- attorney- info.pnp ?id= 314500 &pdcnunt =0 5/292014 Ex. Z RECEIVED 10/01/2014 11:45 5613946102 SBV The Florida Bar Inquil- Komplaint Form PART ONE (See Page 1, PART ONE – Complainant Information,): Your Name: Scott W. Morgan _ Organization: Town of Gulf Stream -- Address: 100 Sea Rd. — City, Slate, Zip Code: Gulf Stream, FL 33483 Telephone: 561- 276 -5116 li -mail: smorgan(i elf- slream.org ACAP Reference No.: — —�– -- Have you ever filed a complaint against a member of The Florida Bar: Yes i. No X If yes, how many complaints have you filed? _ Does this complaint pertain to a matter currently in litigation? Yes -e X_ _ No PART TWO (See Page 1, PART TWO – Attorney Information.): Attorney's Name: Jonathan R. O'Boyle (Florida Bar admission pending) Address: 1286 West Newport Center Dr, – City, State, Zip Code: Deerfield Beach, FL 33442 — Telephone: 954 - 574 -6885 PART THREE (See Page 1, PART THREF,– Facts /Allogutions.): The specific thing or things I am complaining about are: (attach additional sheets as necessary) Y unmc rs aeon W. Morgan and 1 am the Mayor of the Town of Gulf Stream. On behalf ofthe Town, I am filing the attached ton (10) page Complaint. This Complaint is being filed both with The Florida Bar's Attorney /Consumer Assistance Program against the named annmeys 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. RECEIVED 10/01/2014 11:45 5613946102 SBV The Florida Bar Inquiry /Complaint Form PART ONE (See Pagel, PART ONE- Complainant Information.); Your Name: Scott W. Morgan _ Organization: Town of Gulf Stream _ -- ----------- Address: I Oo Sea Rd. City, State, Zip Code: Gulf Stream, F1_ Telephone: 561.276 -5116 --�-- _ E -mail: smorganggulf�g ACAP Reference No.: Have you ever filed a complaint al mCmhQr of The Florida Bar: Yes h- Nn fR Ifyes, how many complaints have you filed? _ Does this complaint pertain to a matter uum ndy in litigation? Yes 1 '9` No PART TWO (See Page It PART TWO - Attorney information.): Attorney's Name: William F. Ring Jr. (Florida Bar No 961795) Address: 1286 West Newnan Center Dr. City, Stute, Zip Code: Dearfiold Bea01LFL 33442 - Telephone: 954 - 574-6885 — PART THREE (See Pagel, PART THREE- Facts /Allegations,): The specitle thing or things 1 em complaining aboutare: (attach additional sheets as necessary) My name is Scott W. Morgan and I am the Mayor orthe Town of Gulf Stream. On behalf of the Town,1 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. RECEIVED 10/01/2014 11:45 5613946102 SBV The Florida Bar Inquiry/Complaint Form PART ONE (See Pagel, 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 Email; senor n gulf- stream.org ACAP Reference No.: Have you ever tiled a complaint against a member of The Florida Bar: Yes X' If Yes, how many complaints have you tiled ? - 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 — - - "- C:ity. State, Zip Code: Deerfield Beach, FL 33442 --` — "- 'telephone: 954. 574 -6885 — — "' —'� - -- PART THREE (See Pagel, PART THREE— Facts /Allegations.): The specific thing or things 1 am complaining aboutere: (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 Bat's Attomey /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. RECEIVED 10/01/2014 11:45 5613946102 Sgt/ The Florida Bar Inquiry /Complaint Form PART ONE (See Page 1, PART ONE — Complainant Information.): Your Name: Scott W. Morgan Organization: Town Of Gulf Stream — Address: 100 Sca Rd. _ City, State, Zip Code: Gulf Strait m. PI.33483 - Telephone: 561- 276 -5116 E -mail: smor an Ulf - stream.or — ACAP Reference No.; Have you ever filed a complaint against a member of The Florida Bar: Yes —I—.. No ( ' If yes, how many complaints have you filed? _ Does this complaint pertain to a matter currently in litigation? Yes I_k _ No PART TWO (See Page 1, PART TWO — Attorney Information.): Attorney's Name: Nickalaus B. Taylor (Floc do Bar No. 51629 Address: 1286 West Newport Center Dr. City, State, State, Zip Code: Deerfield Beach FL 33442 � — - Telephone: 954 - 574 -6885 "— �- -- -- —•,• PART THREE (See Page 1, PART THREE— Pacts /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 orthe Town of Oulf Stream. On behalf of the Town, I am filing the attached ton (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. RECEIVED 10/01/2014 11:45 5613946102 SBV The Florida Bar Inquiry /Complaint Form PART ONE (See Page 1, PART ONE - Complainant Information.): Your Name: Scott W. Morgan Organization: TownofOulfStream Address: 100 Soa Rd. _ -'- City, State, Zip Code: Gulf Stream, FL 33483 ` Telephone: 561- 276 -5116 F-mail: smorganQgulf- strcam.or -p,__ "- ACA P Reference No.: - I lave you ever filed a complaint against a member ofThe Florida Bar: Yes F' No FR- If yes, how many complaints have you filed? _ Does this complaint pertain to a matter currently in litigation? Yes ! X No I PART TWO (See Pagel, PART TWO - Attorney Information,): ` Attorney's Name: Verhonda Williams (Florida Bar No 92607) 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 /Allegatlons.): The specific thing or thing.4 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 behalfofthe Town, l am filing the attached ten (10) page Complaint. This Complaint is being filed both with The Florida Bar's Anoraey /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. RECEIVED 10/01/2014 11:45 5613946102 SSV The Florida Bar Inquiry/Complaint Form PART ONE (See Page 1, PART ONE- Complainant information.): Your Name: Scott W. Morgan _ Organization: Town of Gulf Stream Address: 100 Sea Rd. City, Stale, Zip Code: Gulf Stream, FL 33483 Telephone: $61 -276 -5116 _ F. -mail: smorgen(a7gtilf-stream.org- ACAP Reference No.: Have you ever filed a complaint against a member of The Florida Bar: Yes f" _ No rR' it'yes, how many complaints have you filed' ?_ Does this complaint pertain to a matter currently in litigation? Yes , k_ NO.,! PART TWO (See Pagel, PART TWO - Attorney Information.): Attorney's Name: Ryan Witmer (Florida Bar No. 0107563) Address: 1286 West Newport Center Dr, _ (also 474 Elmwood Ave., Ste. 2041 City, State, Zip Code: Deerfield Beach, FL 33442 (Buffalo, NY 14222) Telephone: 954 -574 -6885 - (717 - 201 - 3097;716.418.7431 PA RT THREE (See Page 1, PART THREE- Facts /Allegations.): The specific thing or things 1 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 00) page Complaint. This Complaint is being filed both with The Florida Bar's Attomey /Consumer Assistance Program against the named attorneys for numerous violations of rules ofThe Florida Bar, and separately with The Florida Befs Unlicensed Practice of Law Division against Jonathan R. O'Boyle. RECEIVED 10/01/2014 11:45 5613946102 SBV 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. RECEIVED 10/01/2014 11:45 5613946102 SBV PART FOUR (Sec Page 1, PART FOUR— Witnesses,): The witnesses in support ormy 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 — . —_ -- —• -- — °-- -.. e__ W, r� net e August 25, 2014 RECEIVED 10/01/2014 11:45 5613946102 SEV 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 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 1 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 /Wa 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'I'lie 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 nlcnnafdlcommerce -erou .cunt. (The Application is available on the Florida Division of Corporations website at www.sunbir.ore). The O'Boyle Law Firm was registered to transact business with the State of Florida effective February 10, 2014. RECEIVED 10/81/2814 11:45 5613946382 ssv 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 4314500), 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 hall 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 nf'Gulfctream and William 1/ Thrasher, .1r., Casc No,; 2014CA00072OXXXXMB A], pending before the Ilnnnrable Meanu Sasser. In that Motion, Jonathan O'Boyle swore in paragraph 2 that he is a member of The O'Boyle I.aw 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 l3`^ Street, Longport, New Jersey. In addition to the case before Judge Sasser, Jonathan O'Boyle has applied to appear pro hall vice in the following Florida cases: • Martin O'Boyle V. Town of Gubr Stream, Case No,: 9:2013 -cv- 80530 -OMM t (Middlebrooks, J.) (since dismissed) on June 17, 2013 (sec Exhibit "H "); and • Christopher O'Hare v. Town of Gulfrtream, Case No.: 9:13 -CV- 81053 -KLR (Ryskamp, J.), on or about January 13, 2014 (sea 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 Ilidden Harbour Drive in Oulfstream, Florida, and a telephone number with a (561) area code. (Exhibit 111 "). 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 Noa -Law Firm Feeder Entities On information and belief, recognizing that the fling 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 RECEIVED 10/01/2014 11:45 5613946102 SDV Law Firm and, simultaneously, the non - profit foundation CAR, 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 F. 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.sunhiz.ora, 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, Fsq., 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 CAF[ is Denise DeMartini, a non - lawyer and longtime business associate of Martin O'Boyle. The former Executive Director of CAN advises that CAF[ is funded by Martin O'Boyle. STOPDIRTYGOVERNMENT LLC - it Florida limited liability company established in 2011, Martin O'Boyle is its Manager and Attorney Ring its registered agent, CG Aequsition Company, Inc, -- a Florida profit corporation incorporated in 1998. Its officers an; Martin O'Boyle and Attorney Ring, According to Joel Chandler, the former Executive Director of CAFI ( "Chandler" ),t 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 DcMartini, 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. RECEIVED 10/91/2014 11:45 5613946102 SEV 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, - recurdxrr'r commerce - „n„ •nm Creation of Citizens Awarenmg co• ndarinn Inc ( °CAFI'9 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. Ile had considerable experience in making public records requests and in public records request litigation throughout tine 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, wldch 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 CAIII and, presumably, for the O'Boyle Law Firm. CAF! paid Chandler $120,000 per year to travel the state making hundreds of public records requests to public entities and state contractors, Thereafter, any evidence that would serve as a pretext for a lawsuit was to be forwarded immediately to Jonathan O'Boyle for the filing of litigation. (Chandler had initially requested a reduced salary and the opportunity to continue his Own pro se public records litigation but O'Boyle refused). Chandler understood that litigation was only one part of the open government advocacy that CAN would advance and that he would have the sole authority to authorize public records litigation and to engage law firms on CAFI's behalf. As instructed, Chandler began creating public records requests and legal claims and referring these to the O'Boyle Law Finn. However, almost immediately after Chandler began with CAFI, O'Boyle expressed to him a lack of interest in advocacy efforts, Chandler understood Jonathan O'Boyle to be working full -time at the O'Boyle Law Firm of$ces 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 Time 2014. Jonathan O'Boyle directed the activities of tine 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 RECEIVED 10/01/2014 11:45 5613946102 SBV 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.2 In mid -April 2014, Chandler came to team that Denise DeMartini, Martin O'Boyle's long -time business associate at the Commerce Group and the CAFI director to whom ('handler reported, was managing operations of The O'Boyle Law Firm, Chandler attended one meeting al' the O'Boyle Law Firm that was run by DeMartini remotely by tclephono fmm 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 CAFJ 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 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 & I.oCicero 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 lie 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 =or 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 (area GAPI V. Gul(Struam 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, DcMartini 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 s In fact, soma 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 1iDi+hlSC foci i '� • w9ISD59YCngndntim,mre . RECEIVED 10/01/2014 11:45 5613946102 SBV 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 Tile O'Boyle Law Firm was engaged in what he deemed an attorneys' fee "windfall scheme ".'rhe 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. §1 19.12 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 Low 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. I le has filed at least one public records suit on behalf of Martin O'Boyle and STOPDIRTYGOVERNMENT LLC while on attorney at The O'Boyle Law Firm. See STOPDIRTYGOVERNML•NT LLC and Martin E. O'Dayle v. Guff' .71ream, Case No. 2014CA008529RL (Cty, Court, 151h 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 CO 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 Low Firm has filed every suit arising out of these requests. The O'Boyle Law Finn 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 -t owyers h r , Client CoOfid_ ences The O'Boyle Law Firm's sharing of space with its clients including the Commerce Group, STOPDIRTYGOVERNMENT LLC, CAFI, CO 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 Aar 4 -1.6 (requiring attorney to proserve in confidence all information relating to representation of his or her clients). See Fla Bar Ethics RECEIVED 10/01/2014 11:45 5613946102 SBV Op. 88 -15 (Oct, 1, 1988) ( "An attorney must take steps to avoid misleading the public us to the nature of the business activities being conducted within his or her offices ") Captive Law Fjprp and Feeder RelatiM.5hizb: 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 CAR 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 rides of The Florida Bar..See R. Reg. Fla. Bar. 4- 7.18(a). DeMartini's solieiation of business on behalf of O'Boyle Law Firm is likewise prohibited. Fla. Bar lithics 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(x). 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. R 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,'7. See also The Florida Dar v, Savitl, 363 So. 2d 559 (Fla, 1978). RECEIVED 10/01/2014 11:45 5613946102 SBV Counsel for the Town has obtained a lengthy swam video statement from former CAP F..xecutive Director, Joel Chandler, and can make the transcript and/or the videotape availablc 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 belicfthe facts stated in it arc true. Slg t Scott W. Morgan Mayor Town of Gulf Stream 100 Sea Rd. Gulf Stream, FL 33483 Late ? J'' RECEIVED 10/01/2014 11:45 5613946102 SHV 1'A Amo=Y Imonmon I kamw ma 1hSc1p11=Y Hoard Yoga 1 of 1 The Discip] nary Board Of the Supreme Court of Pennsylvanfa PA Attorney Information Jonathan Reilly O'Boyle WC 01411:. MOON,I ON 9,. fn+ltl MxMM�II8f211M Fnpu�IbM aumMlluligMp W vW W,OVr mlmN uYhe �YeOerHwua�n • . ��A nnTA rx. 1 RECEIVED 10/01/2014 11:45 5613946102 SHV PA Attorney Ldormetlon I Pannsylvenie Discipgnsry BoEuri Psge 2 of 2 rPA Attorney information Jonathan Reilly O'Boyle Discipline: 02007.2014 The Disclpllnary Board of ilia Supreme Court of Pennsylvania. I Miglaflner For questions or comments regarding the webalta, please contact us at wob.auppodQpaccu .u8 littp : / /www.padisciplimmyboard,otg/ look- up/pa- Bttomey- info.php?id- 314500 &pdcu= D SIAW2014 Ex . Z R 7 Ivsa THE FLORIDA BAR 651 EAST JEFFERSON STREET JoaN F. HARKNESS, JR. TALLAILISSEE, FL 32399 -2300 EMGGmEOIMMR September 17, 2014 8501561 -5600 MMMOMUM5A6GRG Mr. Scott W. Morgan Mayor Of The Town Of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 -742 Re: Jonathan R. O'Boyle; RFA No. 15 -4036 Dear Mr. Morgan: Your complaint against the above -named individual indicates that you may have filed a separate complaint with the Florida Bar's unlicensed practice of law department. In the event that you did not, I am forwarding this complaint to that office, Sincerely, Mauro Canter, Bar Counsel Attorney Consumer Assistance Program ACAP Hotline 866- 352 -0707 John F. Harkness, Jr. Executive Director �� x 1954 The Florida Bar Lakeshore Flaiu II 1300 Concord Terrace, Suite 130 Sunrise, Florida 33323 October 16, 2014 The Honorable Scott W. Morgan Mayor of the Town of Gulf Stream 100 Sea Rd. Gulf Stream, FL 33483 Re: Unlicensed Practice of Law Investigation of Jonathan R. O'Boyle File No. 20151027(17C) Dear Mayor Morgan: (954) 835 -0233 www.FLORIDABAR.org This is to notify you that I have completed our staff level evaluation of your unlicensed practice of law complaint against the above - referenced individual and have now referred the file to the Seventeenth Judicial Circuit Unlicensed Practice of Law Committee "C" for further investigation and resolution. The investigating committee member assigned to the file may contact you with questions or a request for information. For your information, at this time, the complaint has not been sent to Mr. O'Boyle for response, You will be notified of the final disposition of this matter. Sincerely, � Y Janet Bradford Morgan, Esq. Branch UPL Counsel JBM/drk cc: Evan Brett Klink, Esq., Chair, UPL Committee 17C IYiY The Florida Bar Lakeshore Plaza it 1300 Concord Terrace, Suite 130 John F. Harkness Jr. Sunrise, Florida 33323 (954) 835 -0233 Executive Director www.FLORTDABAR.org December 5, 2014 PERSONAL/FOR ADDRESSEE ONLY Mr. Jonathan R. O'Boyle 1286 W. Newport Center Dr. Deerfield Beach, FL 33442 Re: Unlicensed Practice of Law Investigation of Jonathan R. O'Boyle File No, 20151027(17C) t Dear Mr. O'Boyle: Enclosed is an unlicensed practice of law complaint filed against you with The Florida Bar by Scott Morgan. Also enclosed is additional documentation provided in support of the complaint. Tlris matter has been assigned to Unlicensed Practice of Law Circuit Committee 17C for investigation. I am writing on behalf of the committee to request an initial written response to the complaint. As cited in the complaint, the case of The Florida Bar v. Savitt, 363 So. 2d 559 (Fla. 1978) generally guides the analysis of complaints for unlicensed practice of law concerning interstate law firms. Therefore, your written response should address the requirements of Saitt. Please also include your response to the following specific questions: List all offices of The O'Boyle Law Firm, from creation of the firm to the present, with full address and phone number(s), and the names of the attorneys and staff who work or have worked in each office. 2. List the names of all partners of The O'Boyle Law Firm, from the creation of the firm to present. Include the effective date of each attorney's partnership agreement, and a termination date if applicable. Include the state(s) of admission for each partner, and the office location for each partner. 3. List the names of all associate and /or staff attorneys employed by The O'Boyle Law Firm, from the creation of the firm to the present. Include the effective date of each attorney's employment, and a termination date if applicable. Include the state(s) of admission for each attorney, and the office location for each attorney. THE FLORIDA BAR Mr. Jonathan R. O'Boyle Re: Jonathan R. O'Boyle File No. 20151027(17C) December 5, 2014 Page 2 4. Provide a copy of the partnership agreement for each partner of the firm. If not evident from the partnership agreement(s), explain the fonnula of calculating each partner's compensation and /or share of the firm profits. 6. List all managing partners of the firm's Florida office from inception of the firm to present, with dates of their role and managing partner. Who was the supervising Florida partner responsible for the client CAFI, from the date CAFI became a client to the present? What attorneys of the firm performed legal work for the client CAM 8. What percentage of the firm's work is presently being handled by The O'Boyle; Law Firm's offices outside of Florida? List the attorneys) responsible for that work. 9. List all cases in which you have been admitted pro hac vice in Florida state or federal court in the past 24 months, and provide copies of the motions and any documentation which accompanied the motions. 10. The complaint alleges that you supervised the work of Florida firm attorneys in the representation of CAFI. Please address this general allegation, and include your response to the following specific allegations: m. In the complaint, it is alleged that Mr. Chandler, as director of CAFI, was to forward "any evidence that would serve as a pretext for a lawsuit" to you for the filing of litigation. b. In the complaint, it is alleged that you were working full -time at The O'Boyle Law Firm offices in Deerfield Beach and that from January to June 2014, Jonathan O'Boyle directed the activities of The O'Boyle Law Firm in Florida. c. In the transcript of Joel Chandler's sworn statement of July 23, 2014 (hereinafter "Chandler's Statement "), P. 100, L. 17 — P. 102, L.2, Chandler testifies that you emailed him that you had "assigned" yourself to a case involving the Florida DCF. d. In Chandler's Statement, P. 167 - P. 169, Chandler discusses a conversation he had with attorney Nick [Taylor] wherein Nick advised Chandler that you had instructed Taylor on the amount of attorney's fees to be demanded in a Florida case being handled by Taylor. THE FLORIDA BAR Mr. Jonathan R. O'Boyle Re: Jonathan R. O'Boyle File No. 20151027(17C) December 5, 2014 Page 3 Please include any other information or documentation that you believe is relevant, and would assist the committee in evaluating this matter. I would appreciate receiving your written response no later than December 29, 2014. Responses should not exceed 25 pages and may refer to any additional documents or exhibits that are available on request. Please send your written response to me, and I will forward it to the unlicensed practice of law circuit committee. Any response by you will become a part of the UPL record in this matter and become accessible to the public upon closure of the case. Thank you for your cooperation. Sincerely, Janet Bradford Morgan, Esq. Branch UPL Counsel Enclosures cc: The Honorable Scott W. Morgan, Complainant Evan Brett Klinek, Esq., Chair, UPL Committee 17C Smith, Zozian, 1Danief& Davis, P.A. ATTORNEYS AT LAW DONALD A. SMITH. JR. .. SCOTT K TOZIAN SUITE 280, 109 N. BRUSH STREET GWENDOLYN H. DANIEL TAMPA, FLORIDA 33802 DEBRA J. DAVIS PHONE (a13) zmwe3 TODD W. MESSNER FAX (813) 221.8832 ema11IRsm9lh(o7Jan.ccm -w ,IIQMd*b8d0IRme.com December 22, 2014 PERSONAL AND CONFIDENTIAL Janet Bradford Morgan, Esquire Branch UPL Counsel The Florida Bar Lakeshore Plaza II 1300 Concord Terrace, Suite 130 Sunrise, Florida 33323 -2899 RE: Unlicensed Practice of Law (UPL) Complaint by Mr. Scott W. Morgan against Mr. Jonathan R. O'Boyle, UPL Case No. 20151027(17C) Dear Ms. Morgan: Please be advised that our office has been retained by Mr. Jonathan R. O'Boyle regarding the above - referenced matter. Thank you for your courtesy in granting this firm an extension for Mr. O'Boyle's response until Monday, January 12, 2015. Sincerely, Scot K. Tozian, Esquire�� SKT /an cc: Mr. Scott W. Morgan Mr. Jonathan Reilly O'Boyle Sinit>r, 2'ozian, Daniel & Davis, 1P,4. ATTORNEYS AT LAW DONALD.. SMITH, JR. SUITE 200, 109 N. BRUSH STREET SCOTT GWEN O K. YNH. TAMPA, FLORIDA 33802 OEBRA J. YN H. DANIEL TODD W. PHONE (813)273-0003 TODD W. MESSNER FAX(813)2YtA832 ,Amldl»mOIN»N»ncom www.Amitl »h »rtiela iw mn January 9, 2015 PERSONAL AND CONFIDENTIAL Lori S. Holcomb, Esquire Director, Client Protection The Florida Bar Lakeshore Plaza II 1300 Concord Terrace, Suite 130 Sunrise, Florida 33323 -2899 RE: Unlicensed Practice of Law (UPL) Complaint by Mr. Scott W, Morgan against Mr. Jonathan R. O'Boyle, UPL Case No. 20151027(17C) Dear Ms. Holcomb: As you know, our office has been retained by Mr. Jonathan R. O'Boyle regarding the above - referenced matter. Thank you for your courtesy in granting this firm an extension for Mr. O'Boyle's response until Friday, January 30, 2015. Sincerely, 9!, Tyaian, Esquire SKT /an cc: Evan Brett Klinek, Esquire Mr. Scott W. Morgan Mr. Jonathan Reilly O'Boyle February 26, 2015 Janet Bradford Morgan, Esq. Branch UPL Counsel The Florida Bar Lake Shore Plaza II Su. 130 1300 Concord Terrace Sunrise, FL 33323 Re: Jonathan R. O'Boyle Fla Bar No. 2015 -1027 (17C) Dear Ms. Morgan: following: Supplementing our Complaint against Mr. O'Boyle, please find enclosed copies of the • Complaint, Town of Gulf Stream v. Martin E. O'Boyle, et al. Case No. 9:15 -cv -80182 (US District Court for Southern District of Florida); • Deposition Transcript of Jeffrey Marcus Gray, Gray v. Practical Academic Cultural Education Center for Girls, Inc., Case No. 2014 -CA -2839 (0 Judicial Circuit, Duval County) August 8, 2014 (The O'Boyle Law Firm) • Defendant's Motion to File Amended Answer, Affirmative Defenses and Counterclaim, Martin E. O'Boyle v. Town of Gulf Stream, Case No. 2014 -CA -4474 (15`hJudicial Circuit, Palm Beach County) • Order of Hon. Peter D. Blanc Granting Motion to File Amended Answer, Affirmative Defenses and Counterclaim, Martin E O'Boyle v. Town of Gulf Stream, Case No. 2014 -CA -4474 (15`hJudicial Circuit, Palm Beach County) February 23, 2015 We respectfully request that this article be considered along with the other information previously supplied to The Florida Bar on this matter. Sincerely, Scott W. Morgan, Mayor Town of Gulf Stream c.c. Scott K. Tozian, Esq. x 1950 The Florida Bar Lakeshore Plaza II 1300 Concord Terrace, Suite 130 John F. Harkness, Jr. Sunrise, Florida 33323 Executive Director April 24, 2015 The Honorable Scott W. Morgan Mayor of the Town of Gulf Stream 100 Sea Rd. Gulf Stream, FL 33483 Re: Unlicensed Practice of Law Investigation of Jonathan R. O'Boyle File No. 20151027(17C) Dear Mayor Morgan: (954) 835 -0233 www.FLORIDABARorg Pursuant to your request, enclosed is a copy of Jonathan R. O'Boyle's response to your complaint in the above - referenced matter. The redacted sections are considered confidential material and the Chair of UPL Circuit Committee 17C sealed those sections pursuant to Rule 10- 8.1(c). You may provide a reply if you wish, although it is not required. If you wish to reply, please send your written rebuttal to me no later than May 26, 2015. Responses should not exceed 25 pages and may refer to any additional documents or exhibits that are available on request. Any response by you will become a part of the UPL record in this matter and become accessible to the public upon closure of the case. Thank you for your cooperation. Sincerely, A" Algeisa Vazz 33gaeez" Branch UPL Counsel AV /drk Enclosure . N Smith, rIozian, Danief& Davis, p..,A. ATTORNEYsATLAw OONALDA SMITH, JR. DEBRA J. A IS H. DANIEL DEBRA W. MESS TODD W. MES6NER February 4, 2015 Algeisa M. Vazquez, Esquire Branch UPL Counsel The Florida Bar 1300 Concord Terrace, Suite 130 Sunrise, Florida 33323 -2899 F. THE FLORIDA BAR , UPL- FL LAUDERDALE SUITE 2W, 10a N, aRUSH STREET TAMPA, FLORILIA 33602 PHONE Le13) H79-0oe3 BAX(513)221 -0672 em II ®amll6 ncmn 1 Aarld 1,N f PERSONAL AND CONFIDENTIAL Re; Unlicensed Practice of Law (UPL) Investigation of I& Jonathan R. O'Boyle File No. 20151027(17C) Dear Ms, Vazquez: This firm represents Mr. Jonathan R. O'Boyle regarding the above- referenced matter. We sincerely appreciate the courtesy of additional time to provide the information set forth herein. For ease of reference, the Bar's requests numbered 1 through It are typed below in bold font with responses following each. As a preliminary matter, we note that Mr. Scott W. Morgani filed the instant UPL complaint and related Bar complaints in his official capacity as Mayor, on behalf of the Town I, Gulf Stre am. It is unclear whether the Town commissioners have ever effectively authorized or ratified the filing of these complaints by Mr. Morgan. We understand that under section 286.011, Florida Statutes, a formal action taken in violation of the public meetings act may be void ab inilio. Also, as you may be aware, there are several pending lawsuits involving the Town of Gulf Stream and the O'Boyle Law Firer, P.C„ as well as recently filed actions against employees of the firm individually. Further, CAN is currently involved in approximately 40 lawsuits and is actively litigating against the Town of Gulf Stream, Therefore, we preface this response with a legitimate concern that the Bar disciplinary process may provide an unfair advantage in the pending civil cases. For example, required responses may disclose information that aright not otherwise be discoverable in the course of the civil litigation. We respectfully request that the Bar and investigating members remain sensitive to the fact that "the purpose of the rules can be subverted when they are invoked by opposing parties as procedural weapons." ee Preamble, R. Regulating Fla. Bar, We also request that the Bar seal the disclosures made in sections 10 a — d, because they reveal privileged client strategies and conversations, the disclosure of which will , Scott W. Morgan is admitted to practice law in Pennsylvania, where his membership record status is "Active" and he is reflected as "Out of state." Algeisa M. Vazquez, Esquire February 4, 2015 Page 2 Prejudice pending litigation. With these caveats, responses to the Bar's specific questions are as follows. 1. List all offices of The O'Boyle Law Firm, from creation of the firm to the present, with full address and phone number(s), and the names of the attorneys and staff who work or have worked in each office. 2146 East Huntington Street Philadelphia, Pennsylvania 19125 Telephone: (561) 758 -1223 Attorneys / StafF Jonathan O'Boyle, Attorney 1001 Brood Street Johnstown, Pennsylvania 15906 Telephone: (814) 535 -5175 Attorneys /Staff Jonathan O'Boyle, Attorney Ms. Beth Kanaly, Paralegal (Remotely) Ms. Amanda Fowler, Property Manager / Reception 10 Grove Street Haddonfield, New Jersey 08033 Telephone: (814) 535 -5175 (Forwarded to PA) Attomeys / Staff Jonathan O'Boyle, Attorney Ms. Beth Kanaly, Paralegal (Remotely) Ms. Amanda Fowler, Reception (Remotely) 1286 West Newport Center Drivel Deerfield Beach, Florida 33442 Telephone: (954) 570 -3501 Telephone: (754) 212 -4201 Attorneys / Staff Ryan Witmer, Esquire Marred Hans, Esquire Giovani Mesa, Esquire Nicklaus Taylor, Esquire Verhonda Willi ams, Esquire Albert Medina, Esquire William Ring, Esquire r The firm used Suite 1280 temporarily during construction of the current office space is Suite 1286. Algeisa M. Vazquez, Esquire February 4, 2015 Page 3 Vrenda Cain, Esquire Jonathan Caller, Esquire Ms, Norma Lena, Paralegal Ms. Beth Kanaly, Paralegal Ms, Shevaugbn Priest, Paralegal and Reception Mr. Jonathan O'Boyle, Law Clerk Ms. Denise DeMartini, Ad Hoc Consultant 2. List the names of all partners of The O'Boyle Law Firm, from the creation of the firm to present. Include the effective date of each attorney's partnership agreement, and a termination date if applicable. Include the state(s) of admission for each partner, and the office location for each partner. Ryan Witmer, Esquire January 29, 2014, through June 30, 2014 Admission — Florida 1280/1286 West Newport Center Drive Deerfield Beach, Florida 33442 William Ring, Esquire June 30, 2014, through Present Admission— Florida 1286 West Newport Center Drive Deerfield Beach, Florida 33442 3. List the names of all associate and/or staff attorneys employed by The O'Boyle Law Firm, from the creation of the firm to the present. Include the effective date of each attorney's employment, and a termination date if applicable. Include the state(s) of admission for each attorney, and the office location for each attorney. Marrett Hanna, Esquire January 20, 2014 — May 2, 2014 Admission — Florida, Pennsylvania (current status: Administrative Suspension), and Ohio 1280 West Newport Center Drive Deerfield Beach, Florida 33442 Giovani Mesa, Esquire January 29, 2014, through present Admission— Florida 1280 / 1286 West Newport Center Drive Deerfield Beach, Florida 33442 AlgeisaM. Vazquez, Esquire February 4, 2015 Page 4 Nicklaus Taylor, Esquire April 7, 2014, through Present Admission — Florida 1280 / 1286 West Newport Center Drive Deerfield Beach, Florida 33442 Albert Medina, Esquire June 4, 2014, through October 10, 2014 Admission — Florida 1280 / 1286 West Newport Center Drive Deerfield Beach, Florida 33442 Verhonda Williams, Esquire July 14, 2014, through August 25, 2014 Admission — Florida 1286 West Newport Center Drive Deerfield Beach, Florida 33442 Vrenda Cain, Esquire September 15, 2014, through Present Admission — Florida 1286 West Newport Center Drive Deerfield Beach, Florida 33442 Jonathan Galler, Esquire May 27, 2014, through May 29, 2014 Admission — Florida 1286 West Newport Center Drive Deerfield Beach, Florida 33442 4. Provide a copy of the partnership agreement for each partner of the firm. Algeisa M. Vazquez, Esquire February 4, 2015 Page 5 It is the intent of all parties to this agreement to form an interstate law firm. All provisions of the contract are severable and all provisions shall be interpreted to comply with any and all applicable laws. All interpretations shall be interpreted in a manner consistent with maintaining a viable interstate law firm and in accordance with all regulations in Florida, especially the Florida Supreme Court decisions known as avitt. See Agreement executed on January 29, 2014, by Jonathan R O'Boyle and Ryan L. Witmer, attached as Exhibit B. See also Agreement to Transfer Shareholder interest executed July 29, 2014, but effective as of June 30, 2014, by Ryan L. Witmer ("Transferor") and William F. Ring, Jr. ( "Transferee") and consented to by Jonathan O'Boyle, attached as Exhibit C. 5. If not evident from the partnership agreement(s), explain the formula of calculating each partner's compensation and /or share of the firm profits. See response to 4. above and Exhibits B and C. 6. List all managing partners of the firm's Florida office from inception of the firm to present, with dates of their role and managing partner. Ryan Witmer, Esquire January 29, 2014, through June 30, 2014 Admission — Florida 1280 / 1286 West Newport Center Drive DeerfieldBeach, Florida 33442 William Ring, Esquire June 29, 2014, through Present Admission— Florida 1286 West Newport Center Drive DeerfieldBeach, Florida 33442 Algeisa M. Vazquez, Esquire February 4, 2015 Page 6 7. Who was the supervising Florida partner responsible for the client CAFI, from the date CAFI became a client to the present? What attorneys of the firm performed legal work for the client CAFI? Ryan Witmer, Esquire, Supervising Florida Partner William Ring, Esquire, Supervising Florida Partner Gioveni Mesa, Esquire Nicklaus Taylor, Esquire Albert Medina, Esquire Verhonda Williams, Esquire Vrenda Cain, Esquire Marrett Hanna, Esquire Mr. Jonathan O'Boyle, Law Clerk 8. What percentage of the firm's work is presently being handled by The O'Boyle Law Firm's offices outside of Florida? List the attomey(s) responsible for that worlr. While it is difficult to quantify the firth's work being handled outside of Florida, the O'Boyle firm is presently involved in and / or attorney of record in at least 15 out -of -state matters, some of which are cases in active litigation The firm currently has about I10 total active cases, of which approximately ten (10"/u) involve out -of -state matters. During the past several months, in addition to handling these cases, the firm has also devoted significant time and attention to defending Bar complaints and civil lawsuits related to and arising from the same allegations in the instant UPL complaint. Because the firm's clients have not waived attorney / client privilege and because there are legitimate concerns about disclosing information that might not otherwise be discoverable in the course of civil litigation, we are not providing detailed information regarding the cases at this time. Should the Bar request additional information, we would request the Bar to maintain confidentiality under Rules 3- 7.1(d) and (m), Rules Regulating The Florida Bar. 9. List all cases in which you have been admitted pro hac vice in Florida state or federal court In the past 24 months, and provide copies of the'motions and any documentation which accompanied the motions. Christonher F. O'Hare v Town of Gulf Stream William H Thrasher Palm Beach Circuit Court Case No: 2014CA000720 -AI Chris O'Hare v. ToyM of Gulf Stream at al S.D. Florida District Court Case No: 9:13 -ov- 81053 -KLR Martin E. O'Boyle v Town of Gulf Stream Algeisa M. Vazquez, Esquire February 4, 2015 Page 7 S.D. Florida District Court Case No: 13- 80530- CIV- Mrddlebrooks See enclosed, attached as Composite Exhibit D. 10. The complaint alleges that you supervised the work of Florida firm attorneys in the representation of CAFI, Please address this general allegation, and include your response to the following specific allegations: Mr, Jonathan O'Boyle did not supervise the work of Florida attorneys in the representation of CAFI or any other client. R. In the complaint, it is alleged that Mr. Chandler, as director of CAF 1, was to forward "any evidence that would serve as a pretext for a lawsuit" to you for the Tiling of litigation. Mr. Joel Chandler, Executive Director of CAR, created an online drop box for the firm where he would upload potential litigation material. All attorneys and paralegals had access to that folder. Usually, I& O'Boyle and every attorney and paralegal in the firm would receive a spreadsheet from Mr. Chandler where Mr. O'Boyle would randomly assign cases for attorneys to investigate to determine if the case was viable. Ryan Witmer, Esquire, and Mr. O'Boyle agreed that Mr. O'Boyle would coordinate the random assignments because he was only allowed to operate as a law clerk and his time in Florida was less valuable than the other attorneys. When Mr. O'Boyle assigned cases for investigation, he was not assigning cases that he had prescreened and predetermined were viable cases. Rather, he would defer to the Florida attorneys who were responsible for independently reviewing and analyzing the information received by the firm, The Florida attorneys would make their own determination as to the viability of a potential case. Further, even after a case was assigned for investigation, the Florida attomeys were free to switch cases at their discretion, depending upon their needs and schedules. Mr. O'Boyle would also investigate cases and report back to the Florida attorneys, who would review the potential case bud Mr. O'Boyle's work product. The Florida attorneys were solely responsible for Florida cases and for reviewing the work of all non - lawyer staff, which could, if deemed appropriate, be subsumed into the Florida attorney's final work product. Mr. O'Boyle also provided extra help to Mr. Witmer in reviewing and drafting complaints for his review. Mr. O'Boyle had no greater access to case materials than the firm's Florida attorneys. As stated above, Mr. O'Boyle would randomly assign cases to attorneys to investigate pursuant to Mr. Witmer's directive. In his non - lawyer capacity as a law clerk, Mr. O'Boyle also drafted Algeisa M. Vazquez, Esquire February 4, 2015 Page 8 complaints and set up files for the Florida attorneys to either accept, reject, or modify, The Florida attomeys were responsible for Florida cases. W. O'Boyle did not file any complaints in Florida, nor did he perform any supervisory act. b. In the complaint, it is alleged that you were working full -time at The O'Boyle Law Firm offices in Deerfield Beach and that from January to June 2014, Jonathan O'Boyle directed the activities of The O'Boyle Law Firm in Florida. Mr. O'Boyle did spend the majority of his time in Florida from January to June 2014. Mr, O'Boyle was in Florida from January to April 2014, because he was helping Mr. Witmer set up the Florida branch of the firm and lending support where he could. Mr, O'Boyle was also overseeing the construction of the current Florida office space. In overseeing the construction, Mr. O'Boyle had to meet with architects, space planners, interior decorators, and be physically present to make decisions concerning the build out of the office. Mr. O'Boyle also had to travel to local vendors to view materials. In about June 2014, Mr. O'Boyle's out -of -state cases became more active. Since June 2014, Mr. O'Boyle has spent halt; if not more, of his time outside the state of Florida, in either Pennsylvania or New Jersey. During W. O'Boyle'S time in Florida in 2014, he acted primarily as a law clerk and performed non -legal administrative functions. Mr. Witmer and Mr. O'Boyle would have several meetings a day about the activities of the firm, but Mr. O'Boyle did not direct the firm's activities in Florida unilaterally. Algeisa M. Vazquez, Esquire February 4, 2015 Page 9 c. In the transcript of Joel Chandler's sworn statement of July 23, 2014 (hereinafter "Chandler's Statement"), P. 100, L.17 —P. 102, L. 2, Chandler testifies that you emailed him that you had "assigned" yourself to a case involving the Florida DCF. At the outset, we, take issue with the propriety of I& Chandler's statement. It is important to recognize that Mr. Chandler references emails'and other materials that he improperly and unethically obtained. In addition, the materials reveal litigation strategies and confidential conversations. Despite the wrongful possession and privileged and confidential nature of these materials, they have nonetheless been used to obtain an unfair advantage in civil litigation. With this preface, please refer to the response in subpart a. above. Mr. O'Boyle, on occasion, assigned himself drafting and investigatory responsibilities for cases that Mr. Joel Chandler presented to the Firm. Mr. O'Boyle's work product would always be reviewed and, if appropriate, would be merged into the final product for which a Florida attorney was responsible. Mr. O'Boyle never acted as the responsible attorney on any Florida case, and he never directed the work of Florida attorneys on Florida cases. Upon reviewing the subject email, Mr. O'Boyle assumes that DCF was an unassigned case that he believed required investigation. Mr. O'Boyle kept track of new potential cases and attempted to identify those that had not yet received attention. It appears that Mr. O'Boyle alerted Mr. Chandler to a problem with the incoming documents based on his preliminary review. Mr. Chandler responded to Mr. O'Boyle saying he was already in contact with the Florida attorney on the matter and that the case had been combined with another case that Mr. O'Boyle was not investigating. d. In Chandler's Statement, P. 167 —P. 169, Chandler discusses a conversation he had with attorney Nick [Taylor] wherein Nick advised Chandler that you had instructed Taylor on the amount of attorney's fees to be demanded in a Florida case being handled by Taylor. Algeisa M. Vazquez, );squire February 4, 2015 Page 10 ' We trust the above responses have answered the inquiries to date. Should additional information be required, please do not hesitate to contact me. Thank you again for your courtesy and consideration in this matter. Sincerely, ii n�) cco e r � ee ll , 'y ,, Scott K, '¢bzian�s 4 SKT /an cc; Mr. Jonathan R. O'Boyle EXHIBIT p AGREEMENT This Shareholders Agreement, executed on January z 2014, by, between, and among Jonathan R O'Boyle, Esquire, (hereinafter individually referred to as "O'Boyle"), and Ryan L. Witmer, Esquire,. (hereinafter individually referred to as "Witmer"), referred to in this agreement as the "Shareholders ", and the O'Boyle Law Firm, P.C., a Pennsylvania law firm formerly (mown as Jonathan R. O'Boyle, P.C., referred to in this agreement as the "Firm ", with EL main office located at 2146 East Huntington Street, Philadelphia, PA 19125 and with a Florida Branch office located at 1280 W. Newport Center Dr., Deerfield Beach, FL 33442, provides as follows: Statement of Intent It is the intent of all parties to this agreement to form an interstate law firm. All provisions of the contract are severable and all provisions shall be interpreted to comply with any and all applicable laws. All interpretations shall be interpreted in amanner consistent with maintaining a viable interstate law firm and in accordance with all regulations in Florida, especially the Florida Supreme Court decisions known as Savitt. Recitals A. O'Boyle is a member in good standing of the Pennsylvania Bar and is seeking admission to The Florida Bar. Witmer is a member in good standing with the Florida Bar. B. O'Boyle is currently the sole owner of the law firm known as O'Boyle Law Firm, P,C: C. 0. 'Boyle and Witmer desire to work together, as partners, in O'Boyle Law Firm, P.C. and as such O'Boyle agrees to sell to Witmer certain shares of stock in the manner described below. D. Further, O'Boyle and Witmer understanding that the best time to plan foi future Pago 1 of I I (I - EXHISM B difficulties is always the present and desire to enter into an agreement covering the potentiality of dissolution. AGREEMENT In consideration ofthe mutual covenants set forth below, the parties agree as follows: 1.0 Creation and Current Ownership. 1.1 The entity known as the O'Boyle Law Firm, P.0 (hereinafter the "Fi " was formed as a professional corporation on uarv� 2H3g �� I U 12p13 � 0 1.2 O'Boyle currently owns all Of the stock of the Firm and that currently on VV--u,J 100 shares of stock have been issued by the Firm. 2.0 StockPurcfiase. I �mr 2.1 In furtherance of this Agreement, Witmer agrees to purchase from O'Boyle five (5) percent of the outstanding shares of the Firm with payment being made in the following manner. a. As consideration for 5 %, Witmer agrees to utilize all profit from ownership to pay back any loans accrued or yet to be accrued by the Corporation. Witmer also agrees to work Saturday's and Sunday's on an as needed basis with no additional compensation. 2.2 Aber the above reference stock purchase ownership in the Firm based upon 100 shares being issued, will be as follows: O'Boyle 95 shares Witmer 5 shares Page 2 of 11 3.0 Stock Transfer Restricted. 3.1 No shareholder shall transfer, pledge, assign, or encumber all or any part of his or her stock holdings in the Firm except as provided in this agreement. 4.0 Legend on Shares. 4.1 The secretary of the Firm shall endorse the following legend on each share certificate prior to its delivery to a shareholder: The shares of stock evidenced by this certificate maynot be transferred, pledged, assigned, or encumbered except in accordance with the terms of a Shareholder Agreement dated January 2014, a copy of which is on deposit with the president of the O'Boyle Law Firm, P.C. 5.0 Inter Vrvos Transfer. 5.1 In the event any shareholder desires to sell, transfer, or otherwise dispose of all or any part ofhis or her shares in the Firm, he or she shall deliver written notice of such desire to the Firm and to each shareholder, specifying the number of shares he or she desires to sell, or transfer, Upon receipt ofsuch notice, theFirm may to the extent it is pannitted to do so byFlorida Statute, buy, and the shareholder shall sell to the Firm the number ofshares set forth in the notice at the place and on the terms set forth in Sections 8.0 and 9.0 below. 6.0 Repurchase on Death of Shareholder. 6.1 On the death of any shareholder, the Firm shall, if not prohibited by Florida Statute from doing so, buy, and the executor, administrator, trustee, or personal representative of the deceased shareholder will sell to the corporation, all of the shares owned }iy the shareholder at the.time ofhis or her death at the price and on the terms act forth in Sections 8.0 and 9.0 below. Page 3 of 11 r 1.l 7.0 Shareholders Option. 7.1 The Finn has the right of first refusal for the purchase of shares from any shareholder and it is agreed that all shares being sold by a shareholder must be purchased by the Firm to maintain the ratio of shares between each shareholder. If the Pimr is prolu'bited byFlorida Statute from buying any of the shares offered for sale to it, or if the Firm elects not to buy any of the she= offered for sale to it, then each ofthe other shareholders shall have the option to buy, and the offering shareholder shall be obligated to sell to each, a proportion of the stock equal to the ration ofthe number ofshares owned by the shareholder to the total shares owned by the remaining shareholders excluding the seller, and if a shareholder is unable or unwilling to buy the proportion of stock allotted to him or her, the other stockholders shall have the right to buy the balance in a similar ratio. The purchase price for the stock and the terms of the sale shall be as set forth in Sections 8.0 and 9.0 below. 8.0 Price and Terms of Sale. 8.1 The purchase price under this agreement shall be the net book value per share multiplied by the number of shares purchased, this value to be determined in the case of inter vivos transfers on the date of delivery to the Firm of the notice specified elsewhere in this agreement, and in the case of transfers occasioned by the death of a shareholder, on the date of death. 8.2 Certain Terms Defined. As used in this agreement, the term `het book value per share" shall mean the aggregate book value of the shares of the Firm divided by the number of shares then issued and outstanding. The term "aggregate book value of the shares" shall mean the excess of the cost of all assets of the Firm over the sum of (1) reserves for Page 4t of 11 depreciation maintained on the books of the Firm; (2) treasury stock if any, (3) determinable liabilities; and (4) the amount of any dividends paid or payable to shareholders ofrecord on a date prior to the valuation date but not reflected in the books of the Firm as of the valuation date. 8.3 Resolution of Disagreement on Pricing. In the event of any disagreement among the parties to the agreement, or their respective executors, administrators, trustees, or personal representatives, or any of them in respect to the determination of the book value of any of the shares to be purchased under this agreement; the book value shall be computed in accordance with Section 8.1 above by an independent certified public accountant selected by the Firm, and said certified public accountant's computation shall be final and binding on the Firm and each of the shareholders and their executors, administrators, trustees and personal representatives, The cost of the retention of a certified public accountant shall be assessed to theparty(s) requesting this retention.. 8.4 Tax Issues. It is understood that the purchase price as determined above, shall be the value of the purchased shares for all tax purposes. In the event the value is later increased by any federal or state taxing authority, any tax liability resulting from the increase shall be borne by the selling shareholder or his or her executor, administrator, trustee or personal representative, as the case maybe. 8.5 Time to Pay. The purchase price under this agreement shall be payable at the option of the Firm or purchasing shareholder either in a lump sum within thirty (30) days fopowing the notice date as set forth above Orin equal monthly installments of principal beginning thirty (30) days after the notice date, with interest on the unpaid balance at the rate of six (6) percent per year, the interest to be payable with the final installment of principal. Any party Page 5 of 11 electing to pay in installments shall have the right at any time to prepay without penalty all or any portion of the unpaid principal balance plus interest accrued on the date of payment. 9.0 Delivery of Certificates. 9.1 Certificates for all shares sold pursuant to this agreement, properly endorsed to the Firm or purchasing shareholder, as the case may be, shall be delivered to the purchasingpartybythe seller not later than the date of the lump sum purchase price payment or the first installment payment, whichever occurs first. Then, the selling shareholder, or his or her estate, shall cease to be a shareholder ofthe Firm with respect to the shares so transferred and sold. 10.0 Limitation on Shareholders Right to Pledge Stock. 10.1 NO party to this agreement shall have the right to pledge or hypothecate any shares of stock owned by him or her, except as collateral for a promissory note (a) in favor of the Firm or any one or more shareholders, or (b) in favor of a recognized lending institution, but only if the proceeds of the loan are used in its entirety to purchase additional shares of stock from the corporation and the borrowing shareholder delivers to the Firm and to the other shareholders the written undertaking from the lender and the other shareholders that the lender will not dispose of the shares without first affording the Firm and the other shareholders the right for a period of thirty (3 0) days to purchase such shares at aprice satisfactory to the Firm and the other shareholders. 11.0 Obligation of Firm as to Transfer of Shares. 11.1 16 no event shall the Firm sell, transfer, or otherwise dispose of any of the shares of the Firm, including any shares repurchased pursuant to this agreement, to any person or entity until such person or entity has become a party to this agreement and is bound by all of its provisions. Page 6 of 11 i� 112 In no event shall any shares be sold, transferred or otherwise disposed to an individual or entity that is not licensed to practice law. 12.0 Confidentiality. 12.1 The Shareholders agree to maintain the confidentiality of Firm's business activities, including without limitation: (1) the financial arrangement set forth herein; (2) the financial condition of any shareholder or the Finn.; (3) the ownership' interest that each shareholder has in the Pirm and (4) any other matter that mustbe treated as confidential pursuant to the Rules Regulating The Florida Bar, the Pennsylvania Bar or any other jurisdiction in which the Firm may practice law. 13.0 Management Issues. 13.1 The Shareholders agree to the following standards for the management obligations, duties and responsibilities of each partner. I3.2 Best Efforts: Each shareholder will provide their best efforts to insane the profitability of the Firm and that such best efforts will include that each member will work a minimum forty (40) hour work week and that they will be present in the office on all work days, except when firm business has them working from a different location. 13.3 Intentionally omitted. 13A Policy Manual: It is mutually agreed that the managing member will create an agreed upon Policy Manual that will govern the handling of certain important issues. This Policy manual will be updated on an as needed basis and will include the following: 13.5 Office Location: The Shareholders agree that the initial locations for the Firm will be 2146 East Huntington Street, Philadelphia, PA 19125 and with a Florida Branch Page 7 of 11 (-. office located at 1286 W. Newport Center Dr, Deerfield Beach, FL 33442. 13.5 Managing Partner: It is agreed that the law firm will utilize a managing Partner who will be responsible for the day to day management of the office and who will msolve all daily short term issues. The Managing Partner will be selected by majority vote of all Shareholders in proportion to their shares in the Firm 14.0 Termination & Dissolution Issues. 14..1 While the Shareholders, both desire the Firm to succeed they are mindful of the fact that they should reach agreement on certain issues that could arise upon the dissolution of the Firm and as such agree on the matters set forth below. 14.2 Upon the dissolution of the Firm it is agreed that the first order of business will be the payment (or division) of all existing debts or obligations of the Firm. 14.3 The Shareholders are mindful of the fact the Rules Regulating The Florida Bar and govern the ethical manner for the dissolution of the law film as it relates to the trausifion of client files to one or more shareholders or to lawyers who are not associated with the law firm and each shareholder specifically agrees to follow the appropriate provisions of the Rules then in effect. Currently, R..Regulating Fla. Bar 45.8 requires the shareholders to agree upon a joint letter to all clients advising the client of the dissolution ofthe law firm and the proposed manner in which their file is to be handled in the future. Attached hereto as Exhibit E is a copy of the agreed upon letter that will be sent to each client upon dissolution. Prior to such letter being seat the Shareholders will meet andresolve which case will be assigned to which Shareholder. Whileitis understood that there may be some difficulty in tracking the Shareholder who originated the particular client or file, the first cliteria for assignment of files will be which Shareholder Page 8 of I 1 originated the file. The Shareholders agree to create a log to track the ori gination of files to avoid any confusion over who originated a particular file or client 14.4 Upon dissolution if a file or client decides to retain another lawyer or law firm (other than the Firm) the file will be appropriately liened and upon payment of such hen the monies received will be paid to the Firm. 14.5 Intentionally omitted. 14.6 It is agreed that upon dissolution and until all cases transferred to a shareholder from the Firm that shareholder is obligated to provide a monthly status report regarding each case not yet resolved. However, it is the intention of the Shareholder that these status reports only briefly delineate the case status and not a detailed report of what is occurring in any given case. 14.7 For each case settled by a shareholder, the other shareholder is entitled to receive an accounting concerning such case. This accounting can include, upon request, a copy of the settlement agreement or correspondence confirming said agreement, a copy of the settlement draft, a copy of in executed settlement statement or any other reasonable request to confirm the total amount of the settlement and the fee that is now due. 15.0 General Clauses. 15.1 The parties agree to execute any documents or perform, in good faith, any task.to carry out the terms and spirit of this Agreement 15.2 This Agreement shall be binding upon, and inure to the benefit of, the parties hereto, their respective heirs, legal representatives, successors and assigns, 15.3 This Agreement shall not be assignable by a party hereto without the Page 9 of 11 written consent of the other party, 15.4 The provisions of this Agreement applicable to corporate parties have been approved and consented to by the respective board of directors of the corporations. Further, all corporate entities are duly organized, validly existing and in good standing under the laws of the State of Florida or Pennsylvania and have all of the requisite power to enter into and perform this Agreement and the transactions contemplated by this Agreement. 15.5 The laws of the State of Florida shall govern the validity of this Agreement, and the interpretation thereof; and venue for any litigation hereunder shall be in Broward County, Florida. transaction. 15.6 Each party shall bear his, her dr its own expenses incurred is this 15.7 Notices to the Firm required or permitted under this Agreement shall be sufficiently given if sent by registered or certified mail to the then conent primary address of the firm, Notices to the shareholders required or permitted under this Agreement shall be sufficiently given if sent by registered or certified mail to the then current primary address of the said shareholder. Notice shall be considered to have been delivered on the date when sent by prepaid United States registered or certified mail, return receipt requested and properly addressed to the party to whom the notice is sent 15.8 All personal pronouns herein shall include the other genders whether used in masculine, feminine or neuter genders, 15.9 This Agreement constitutes the entire agreement between the parties and may not be changed, altered or modified except by an instrument in writing signed by the party Page 10 of 11 against whom enforcement of such change is sought There are no agreements or understandings between and among the parties other than those set forth herein. However, thisagreementmaybe amended or altered by execution of a written agreement authorized by corporate resolution and signed by all the parties ,to this agreement, and any shares subject to this agreement may be disposed of by any shareholder to the corporation or to any other person without regard to the terms of this agreement on the written consent of a majority of the Firm's board of directors and each of the shareholders. 15.10 In the event say term or provision of this Agreement is determined by appropriate judicial authority to be illegal or otherwise invalid, such prevision shall be given its nearest legal meaning or be construed as deleted as such authority determines, and the remainder of this Agreement shall be construed to be in full force and effect. 15.11 The Firm has been represented by Kevin P. Tynan, Esq., of Richardson & Tynan, PLC and not its individual members O'Boyle and Witmer, who have been advised to seek independent counsel to review this Agreement and any related documents. DATED: January M, 2014 By Signatures. Page 11 of 11 AMeementto Transfer Shareholder Interest This Agreement, executed on July 29, 2014, but effective as of June 30, 2014, by and between Ryan L. Witmer, Esq. ("Transferor") and William F. Ring Jr., Esq., ("Transferee') and consented to by Jonathan R. O'Boyle, Esq., ( "O'Boyle') is intended to fully and completely transfer all of Transferor's interest, shares, and responsibilities in connection with the O'Boyle Law Firm, P.C. to Transferee. WHEREAS on or about January 29, 2014 O'Boyle and Transferor executed a Shareholder's Agreement. WHEREAS Transferor wishes to transferor all of his interest, shares, and responsibilities in connection with the O'Boyle Law Finn, P.C, including those more specifically stated in the Shareholder's Agreement, to Transferee and Transferee wishes to receive same. P.C. WHEREAS Transferor owns five percent (5 %) of the shares of the O'Boyle Law Finn, WHEREAS O'Boyle owns the remaining ninety-five percent (95 %) of the share of the O'Boyle Law Firm, P.C., and O'Boyle consents to the temrsfer from Transferor to Transferee. WHEREAS Transferor has received good and valuable consideration in exchange for his shares and acknowledges the sufficiency of said consideration. NOW THEREFORE, Transferor and Transferee agree that all of Transforor's interest, shares, and responsibilities in connection with the O'Boyle Law Firm, P.C. are hereby transferred unto Transferee effective as of June 30, 2014. Tr g Ryan L. Witmer, Esq. Transfgree� l� William F. Ring, Jr., Esq. Consent e by: Jon O'Boyle, Esq. if EXHIBIT C IN THE CIRCUIT COURT OF THE 157" JUDICIAL CIRCUIT, IN AND FOR PALM BEACH, COUNTY, FLORIDA CHRISTOPHER F. OWARF Plaintiff Case No. ZO] 4CA000720 Division VS. TOWN OF GULF STREAM, WMIAM E TERASHER Defendant VERIFIED MOTION FOR ADMISSION TO APPEAR PRO ffAC VICE PURSUANT TO FLORIDA RULE OF JUDICIAL ADMINISTRATION 2,510 Comes now JONATHAN R. O'BOYLE Movant herein, and respectfully represents the following: 1. Movant Jonathan R. O'Boyle is domiciled and permanently resides in LONGPORT, NEW JERSEY. Movant is not a permanent resident of the State of Florida Movant Jonathan R. O'Boyle is a temporary resident of the State of Florida and has an application pending for admission to The Florida Bar and has not previously been denied admission to The Florida Bar. 2. Movant is an attorney and a member of the law firm of (or practices law under the name of) The O'Boyle Law Finn, P.C. (Formerly known as Jonathan R O'Boyle P.C.). with offices at 2146 E. Huntinedon St., Philadelphia Philadelphia Pennsylvania 19125 561- 758 -1223 (County) (State) (Zip Code) (Telephone) 3. Movant has been retained personally or as a member of the above named law firm on January 10, 2014 by Cbristonher O'Hare via his FL attorney Lou Roeder (Date Representation Commenced) (Name of Party or Parties) to provide legal representation in connection with the above -styled matter now pending before the above -named court of the State of Florida. 4. Movant is an active member in goad standing and currently eligible to practice law in EXHIBIT it Composite D the following jurisdiction(s): Include attorney or bar number(s). (Attach an additional sheet if necessary.) JURISDICTION ATTORNEYMAR NUMBER 5. There are no disciplinaryproceedings pending against Movant, except as provided below (give jurisdiction of disciplinary action, date of disciplinary action, nature of the violation and the sanction, if any, imposed): (Attach.an additional sheet if necessary.) 6. Within the past five (5) years, Movant has not been subject to any disciplinary proceedings, except as provided below (give jurisdiction of disciplinary action, date of disciplinary action, nature of the violation and the sanction, if any, imposed): (Attach an additional sheet if necessary.) 7_ Movant has never been subject to any suspension proceedings, except as provided below (give : jurisdiction of disciplinary action, date of disciplinary action, nature ofthe violation and the sanction, if any, imposed): (Attach an additional sheet if necessary.) 8. Movant has never been subject to any disbarment proceedings, except as provided below (give jurisdiction of disciplinary action, date of disciplinary action, nature of the violation and the sanction, if dny, imposed): (Attach an additional sheet if necessary.) 9. Movant, either by resignation, withdrawal, or otherwise, never has terminated or attempted to terminate Movant's office as an attorney in order to avoid administrative, disciplinary, disbarment, or suspension proceedings. 10. Movant is not an inactive member of The Florida Bar. 11. Movant is not now a member of The Florida Bar, 12. Movant is not a suspended member of The Florida Bar. 13. Movant is not a disbarred member of The Florida Bar nor has Movant received a disciplinary resignation from The Florida Bar. 14. Movant has not previously been disciplined or held in contempt by reason of misconduct committed while engaged in representation pursuant to Florida Rule of Judicial Administration 2.510, except as provided below (give date of disciplinary action or contempt, reasons there for, and court imposing contempt): (Attach an additional sheet if necessary.) , 15. Movant has filed motions) to appear as counsel is Florida state courts during the past five (5) years in the following matters: (Attach an additional sheet if necessary.) DateofMotion Case Name Case Number Court Date MotionGramted(Denied `16. Local counsel ofrecord associated with Movant in this matter is Ry�r • ly �� eC 0 k 0 7 S (a `3 who is an active member in good standing of The Florida (Nam: and Florida Bar Number) Bar and has offices at ue(o V3. (StroetAddress) (City) 5 (State) (Zip Code) (Telephone with area code) (If local counsel is not an active member of The Florida Bar in good standing, please provide information as to local counsel's membership status. 1 17. Movant has read the applicable provisions of Florida Rule of Judicial Administration 2.510 and Rule 1 -3.10 of the Rules Regulating The Florida Bar and certifies that this verified motion complies with those rules. 18. Movant agrees to comply with the provisions of the Florida Rules of Professional Conduct and consents to the jurisdiction of the courts and the Bar of the State of Florida. WIIEREFORE, Movant respectfully requests permission to appear in this court for this cause only. DATED this,_ day of G vtn p 20j-�-. Movant A In s. i9 sf Address Address LanNf a I —NT I pk4 0"3 rty, State, Zip Code Sei 7.rx i 2� Z Telephone Number STATE OF �� ^ e(-5M COUNTY of A fltk„k C. I. IA44 4MA k O! Ile do hereby swear or affirm under penalty of perjury that I am the Movant in the above -styled matter, that I have read the foregoing Motion and know the contents thereof, and the contents are true of my own knowledge and belief. Movant I hereby consent to be associated as local4unsel ofrecord in this cause pursuant to Florida Rule of Judicial Administration 2.510.. DATED this 2 Ca day of SB.yt 'JaC 20-14, Local Counsel of Record m4 1,J. NP.wDeC� iRv��td" Address Address City, State, Zip Code Telephone Number b O-V:W� Florida Bar Number CyaI1L1 t I. _ _ I HEREBY CERTIFY that a true and correct copy of the foregoing motion was furnished by U.S. mail to PHV Admissions, The Florida Bar, 651 East Jefferson Street, Tallahassee, Florida-32399 -2333 accompanied by payment of the $250.00 filing fee made payable to The Florida Bar and to loo Ge R�- G��If si FI 3 4�3 Name and Address of All Counsel of Record and of Parties Not Representedby Counsel this ::2S day of tt t/ur 20. Case 9:13 -cv- 81053 -DMM Document 35 Entered on FLSD Docket 02/05/2014 Page 1 of 4 UNITED STATES DISTRICT COURT FOR TIM SOUTHERN DISTRICT OF RBAA�— WEST PALM BEACH DIVISION CASE NO: 9:13 -cv- 81053 -KLR FEB 0 4 2014 CHRIS O'HARE Plaintiff, vs. TOWN OF GULF STREAM et, al. Defendants. RENEWED MOTION TO APPEAR PRO MAC VICE„ CONSENT TO DESIGNATION, AND REQUEST TO ELECTRONICALLY RECIPTIrE. NOTICES OF ELECTRONIC FIT In accordance with Local Rules 4(b) of the Special Rules Governing the Admission and Practice of Attorneys of the United States District Court for the Southern District of Florida, the undersigned respectfully moves for the admission pro hac vice of Jonathan R. O'Boyle of 2146 E. Huntingdon St., Philadelphia PA 19125,561-758-1223, for purposes of appearance as co- counsel on behalf of Chris O'Hare in the above -styled case only, and pursuantto Rule 213 of the CM /ECF Administrative Procedures, to permit Jonathan R. O'Boyle to receive electronic filings in this case, and in support thereof states as follows: 1. This renewed Motion is filed in accordance with this Court's directive (Docket Entry 32 dated January 16, 2014). The necessary filing fee of $75.00 was previously paid with Plaintiff's first motion. 2. Jonathan R. O'Boyle is not admitted to practice in the Southern District of Florida and is a member in good standing of the Pennsylvania Supreme Court (PA Bar# 314500). 3. The undersigned is a member in good standing of the The Florida Bar and the United States District Court for the Southern District of Florida, maintains an office in this State for the practice of law, and is authorized to file through the Court's electronic filing system. Movant consents to be designated as a member of the Bar of this Court with whom the Court and Opposing counsel may readily communicate regarding the conduct of the case; upon whom Filings shall be served, who shall be required to electronically file all documents and things that may be filed Case 9:13 -cv- 61053 -DMM Document 35 Entered on FLSD Docket 02/05/2014 Page 2 of 4 electronically, and who shall be responsible for filing documents in compliance with the CM /ECF Administrative procedures. See Section 2B of the CM /ECF Administrative Procedure, 4. In accordance with the local rules of this Court, Jonathan R. O'Boyle has made payment of this Court's $75 admission fee. A certification In accordance with Rule 4(b) is being filed contemporaneously with this Motion. A copy is attached hereto. Jonathan R. O'Boyle, by and through designated counsel and pursuant to Section 2B CM/ECF Administrative Procedures, hereby requests the Court to provide Notice of Electronic Filing to Jonathan R. O'Boyle at email address: jonathanroboyle@gmail.com. WHEREFORE, Mark J, Hanna moves this Court to enter an Order permitting Jonathan R. O'Boyle to appear before this Court on behalf of Chris O'Hare for all purposes relating to the proceedings in the above -styled matter and directing the Clerk to provide notice of electronic filings to Jonathan R. O'Boyle. I HEREBY CERTIFY that on January 31, 2014,1 filed the foregoing document with the Clerk of Court via conventional method due to the nature of the motion. I further certify that mailed the foregoing document via prepaid first class U.S. mail to the following: Michael R. Piper Christopher J. Steams JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER & HOCHMAN, P.A. 2455 East Sunrise Boulevard, Suite 1000 Fort Lauderdale, Florida 33304 Telephone.: (954) 463 -0100 piper@ambg.com steams@jambg.com Dated: January 29, 2014 GMMIMADISON P.A. 401 South Coun 72 Palm Beach 0- 91 Tell: 561- 0 J a Flor arNo.0045251 561- 723 -8284 (cell & text) mhanno @g3mlaw.com Case 9:13 -cv- 81053 -DMM Document 35 Entered on FLSD Docket 02105/2014 Page 3 of 4 UNITED STATES DISTRICT COURTFOR THE SOUTHERN DISTRICT OFFLORMA NEST PALM BEACH DIVISION ' CASE NO: 9:13-cr- 81053 -ELR CFIRIS O'HARE Plaintiff, IM TOAW OF GULF STREAM et. al. Defendants. n 1MV A (QMJ 0 1\: B; 11WIN 099111 14 Jonathan R. O'Boyle, Esquire, pursuant to Rule 4(b) ofOte Special Rules Coveming die Admission and Praclice ol'Attomcys, hcMiy oottities tltst (1)1 have studded die Local Rules of die United States District Court for the Southern District of Florida, and (-')I am nmember in good standing of the Pennsyh'ania Supreme Court. t O'Bm1e, Fsq. Ethan A O'Bty le, P.C. 2146 E. Huntingdon St. Philadelphia, PA 19125 Tel: 561- 758 - 122..1 Fax: 215- 893.3641 i�le(�mlaw cam 1 >ennsylvetiia BerNo. 314500 !'RRTIFICATP OFSRRV1Cp ' 1 HEREBY CERTIFY that on Jaiiz 2014, l filed the foregoing document with the Clerk of Court via conventional method doe to the nature oflhe motion. I furthercerlify that mailed the foregoing document via prepaid first class U.S. mail N the following Michael R. Piper Christopher J. Stearns JOHNSON, ANSELMO. MUIRDOCH, BURKE, PIPER & HOCHMAN, P.A. 2455 East Sunrise Boulevard, Suite 1000 Fort Lauderdale, Florida 33304 Telephone.: (954)463.0100 pipeng inhg.com strarns�a_,jmnbg.w , Dated: Jamie ? 14 OMMIMADISON PA. 401 South County Road #7271 Palm Beach, PL13480 -9991 Tel: 56 � 8� Mark J. t. . Florida Bar No. 0045251 561 -723 -8284 (cell dt text) mhaMaGag3mlaw.mm Case 9:13 -cv- 81053 -DMM Document 35 Entered on FLSD Docket 02/05/2014 Page 4 of 4 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA WEST PALM BEACH DIVISION CASE NO: 9:13 -ev- 81053 -KLR CHRIS O'HARE Plaintiff, vs. TOWN OF GULF STREAM et. al. Defendants. W01,43 t :IY le U1 1 1: t1 1 / 11 1 1 „ IN : 1 1 Yt 111 NEI M W&H X1131 kIMN11 Y 1 W 31 A 0140 1,0191 In elm THIS CAUSE having come before the Court on the Motion to Appear Pro Hac Vice for Jonathan R. O'Boyle, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing (the "Motion "), pursuant to the Special Rules Governing the Admission and Practice of Attorneys in the United States District Court for the Southern District of Florida and Section 2 B of the CM/ECF Administrative Procedures. This Court having considered the motion and all other relevant factors, it is hereby of Florida ORDERED OR ADJUDGED that: The Motion is GRANTED. Jonathan R. O'Boyle, may appear and participate in this action on behalf of Chris O'Hare. The Clerk shall provide electronic notification of all electronic filings to Jonathan R. O'Boyle atjonadlanroboyle @gmail.com, DONE AND ORDERED in Chambers, West Palm Beach, Palm Beach County, Southern District of Florida, on January 2014. KENNETH L. RYSKAMP United States District Judge Copies furnished to: All Counsel of Record ��v 3 -DM Document 28 Entered on FLSD Docket 01/14/2014 Page 1 of 5 PAID pto haIC-(���� L$L tP vlca Steven M. Ladmore, Clerk DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA WEST PALM BEACH DIVISION CASE NO: 9:13 -ev- 81053 -ELR CHRIS O'HARE :,.. Plaintiff, i V9. TOWN OF GULF STREAM et. al, Defendants. . . _MOTION TO APPEAR PRO HAC VICE CONSFNTTO DFSTGNATFON, AND RF.OIIRSTTO FTFCTRONICATTYRFCFTVE NOTICES OFFIECTRONTCFT LING In accordance with Local Rules 4(b) of the Special Rules Governing the Admission and Practice of Attorneys of the United States District Court for the Southern District of Florida, the undersigned respectfully moves for the admission pro hoc vice of Jonathan R. O'Boyle of 2146 E. Huntingdon St., Philadelphia PA 19125, 561- 758 -1223, for purposes of appearance as co- counsel on behalf of Chris O'Hare in the above -styled case only, and pursuant to Rule 2B of the CM /ECF Administrative Procedures, to permit Jonathan R. O'Boyle to receive electronic filings in this case, and in support thereof states as follows: I, Jonathan R. O'Boyle is not admitted to practice in the Southern District of Florida and is a member in good standing of the Pennsylvania Supreme Court (PA Bar# 314500). 2. The undersigned is a member in good standing of the The Florida Bar and the United States District Court for the Southern District of Florida, maintains an office in this State for the practice of law, arid is authorized to file through the Court's electronic filing system. Movent consents to be designated as a member of the Bar of this Court with whom the Court and Opposing counsel may readily communicate regarding the conduct of the case; upon whom filings shall be served, who shall be required to electronically file all documents and things that may be filed electronically, and who shall be responsible for filing documents in compliance with the CM /ECF Administrative procedures. See Section 2B of the CM /ECF Administrative Procedure. 3, In accordance with the local rules of this Court, Jonathan R. O'Boyle has made payment of this Court's $75 admission fee. A certification in accordance with Rule 4(b) is attached hereto. . Case 9:13 -cv- 81053 -DMM Document 28 Entered on FLSD Docket 01114/2014 Page 2 of 5 4. Jonathan R. O'Boyle, by and through designated counsel and pursuant to Section 2B CM /ECF Administrative Procedures, hereby requests the Court to provide Notice of Electronic Filing to Jonathan R. O'Boyle at email addrcss:jonathanroboylc@gmail.com. WHEREFORE, Mark J. Hanna moves this Court to enter an Order permitting Jonathan R. O'Boyle to appear before this Court on behalf of Chris O'Hare for all purposes relating to the proceedings in the above -styled matter and directing the Clerk to provide notice of electronic filings to Jonathan R. O'Boyle. 1 HEREBY CERTIFY that on January 10, 2014, I filed the foregoing docmnent with the Clerk of Court via conventional method due to the nature of the motion. I further certify that mailed die foregoing document via prepaid first class U.S. mail to the following Michael R. Piper Christopher J. Stearns JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER & HOCHMAN, P.A. 2455 East Sunrise Boulevard, Suite 1000 Fort Lauderdale, Florida 33304 Telephone.: (954) 463 -0100 piper@jambg.com steams@jambg.com Dated: January 7, 2014 GMMjMA SON P.A. 401 So }m oad #3272 Pal eac /A 1l1D480 -9991 Florida Bar No. 0045251 561- 723 -8284 (cell & text) mhanna @g3mlaw.com Case 9:13 -cv- 81053 -DMM Document 28 Entered on FLSD Docket 01/14/2014 Page 3 of 5 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA WEST PALM BEACH DIVISION CASE NO: 9:13 -cv- 81053 -KLR CHRIS O'HARE Plaintiff, VS. TOWN OF GULF STREAM et. al. Defendants. C 0- 1� 1 1�: :• C 1 tt Jonathan R O'Boyle, Esquire, pursuant to Rule 4(b) of the Special Rules Governing the Admission and Practice of Attorneys, hereby certifies that (1) 1 have studied the Local Rules of the United States District Court for the Southern District of Florida, and (2) 1 am a member in good standing of the Pennsylvania Supreme Court. /s/ Jonathan R. O'Boyle Jonathan O'Boyle, Esq. Jonathan R. O'Boyle, P.C. 2146 E. Huntingdon St. Philadelphia, PA 19125 Tel; 561- 758 -1223 Fax: 215-893-3641 imbnyJenimlaw com Pennsylvania Bar No. 314500 I HEREBY CERTIFY that on January 7,2014, 1 electronically filed the foregoing document with die Clerk of Court by using the CM/ECF system. l further certify that I either mailed the foregoing document and the Notice of Electronic Filing by first class mail to any non CM /ECF participants and /or the foregoing document was served via transmission of Notice of Electronic Filing generated by CM /ECF to any and all active CM /ECF participants on the following Michael R. Piper, and Christopher J. Stearns JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER & HOCHMAN, P.A. 2455 East Sunrise Boulevard, Suite 1000 Fort Lauderdale, Florida 33304 Telephone.: (954) 463 -0100 piper@jambg.com steams@jambg.com Dated: January 7, 2014 GMMIMADISON P.A. 401 South County Road 93272 Palm Beach, FL 33480 -9991 Tel: 561 -223 -9990 /s/ Mark J. Hanna Mark J. Hanna Florida Bar No. 0045251 561- 723 -8284 (cell & text) mhanna@g3mlaw.com Case 9:13 -cv- 81053 -DMM Document 28 Entered on FLSD Docket 01/14/2014 Page 4 of 5 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA WEST PALM BEACH DIVISION CASE NO: 9:13 -cv- 81053 -ICLR CHRIS O'HARE Plaintiff, VS. TOWN OF GULF STREAM et. al. Defendants. ltl MAIN a 111 E01 I UNII OF11 :t't1 . • / 19 11 L"9104 l : � 00 1 1 t 1 \ 9 1 I L1110t.19) MIMI L .71 THIS CAUSE having come before the Court on the Motion to Appear Pro Hae Vice for Jonathan R. O'Boyle, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing (the "Motion "), pursuant to the Special Rules Governing the Adm ission and Practice ofAttorneys in the United States District Court for the Southern District of Florida and Section 2 B of the CM /ECF Administrative Procedures. This Court having considered the motion and all other relevant factors, it is hereby of Florida ORDERED OR ADJUDGED that: The Motion is GRANTED. Jonathan R. O'Boyle, may appear and participate in this action on behalf of Chris O'Hare. The Clerk shall provide electronic notification of all electronic filings to Jonathan R. O'Boyle atjonathanroboyle@gmail.com. DONE AND ORDERED in Chambers, West Palm Beach, Palm Beach County, Southern District F. . of Florida, on January 2014.' KENNETH L. RYSKAMP United States District Judge Copies furnished to: All Counsel of Record . Case 9:13 -cv- 61053 -DMM Document 28 Entered on FLSD Docket 01!1412014 Page 5 of 5 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA WEST PALM REACH DMSION CASE NO: 9:13 -cv- 81053 -KLR CHRIS O'HARE Plaintiff, VS. TOWN OF GULF STREAM cf. al. Defendants. :III t • • C•� \/ �• •' C \ 1 la THIS CAUSE having come before the Court on the Motion to Appear Pro Hac Vice for Jonathan R. O'Boyle, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing (the "Motion "), pursuant to the Special Rules Governing the Admission and Practice of Attorneys in the United States District Court for the Southern District of Florida and Section 2 B of the CM /ECF Administrative Procedures. This Court having considered the motion and all other relevant factors, it is hereby of Florida ORDERED OR ADJUDGED that: The Motion is GRANTED. Jonathan R. O'Boyle, may appear and participate in this action on behalf of Chris O'Hare. The Clerk shall provide electronic notification of all electronic filings to Jonathan R O'Boyle atjonathanroboylc@gmail.com. DONE AND ORDERED in Chambers, West Palm Beach, Palm Beach County, Southern District of Florida, on January - 2014. KENNETH L. RYSKAMP United States District Judge Copies furnished to: All Counsel of Record 0 Case 9:13 -cv- 80530 -DMM Document 27 Entered on FLSD Docket 06/19/2013 Page 1 of 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA 6 CASE NO,13- 80530- CIV-AMDLEBROOKS MARTIN E. O'BOYLE, Plaintiff, V$. TOWN OF GULF STREAM, Defendant. ORDER GRANTING MOTION TO APPEAR F PROHAC VICE, CONSENT TO DESIGNATION, AND REQUEST TO ELECTRONICALLY RECEIVE NOTICE OF ELECTRONIC FILINGS THIS CAUSE comes before the Court upon a Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notice of Electronic Filings (DE 25) ( "Motian "), filed June 17, 2013. The Court has reviewed the record and is fully advised in the promises. Pursuant to Local Rule 4(b) of the Special Rules Governing the Admission and Practice of Attorneys in the United States District Court for the Southern District of Florida, the Motion requests permission for the limited appearance of Jonathan R. O'Boyle, of 2146 E. Huntington St., Philadelphia, S PA 19125, as co- counsel on behalf of Plaintiff in this matter. The Motion has been properly filed with the C- required documentation, and the attorney appears to be in good standing. Accordingly, it is hereby ORDERED AND ADJUDGED that the Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notice of Electronic Filings (DL 25) is GRANTED, G Jonathan R. O'Boyle may appear and participate as co- counsel in this action on behalf of Plaintiff. The Clerk shall provide electronic notification of all electronic filings to Jonathan R. O'Boyle at ionatbru roboylefalpnail.com. DONE AND ORDERED in Chambers at West Palm' Beach lorida, this � day of June, 2013, j f 1 r MmDLEBROOKS UNITED STATES DISTRICT JUDGE L Copies to: Counsel of Record 6 1 is i i Case 9:1 - 80530 -DMM Document 25 Entered on FLSD Docket 06117/2013 Pag of FILED by yUNITED STATES DISTRICT COURT N 17 1013 SOUTHERN DISTRICT OF FLORIDA srEVENM, Sep OFe.6. Dfbi OrrE Case No.13- 805311- CIV- MIDDLEBROOKS �' "'a a• \Y MARTIN E. O'BDYLE Plaintiff; VS. TOWN OF GULF STREAM Defendant MOTION TO APPEAR PROHAC VICE. CONSENT TO DESIGNATION AND REQUEST TO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILINGS In accordance with Local Rules 4(b) of the Special Rules Governing the Admission and Practice of Attomeys of the United States District Count for the Southern District of Florida, the undersigned respectfully moves for the admission pro hae vice of Jonathan R. O'Boyle of 2146 E. Huntingdon St., Philadelphia, PA 19125, 561 -758 -1223, for purposes of appearance as co- counsel on behalf of Martin E. O'Boyle in the above -styled case only, and pursuant to Rule 2B of the CMMCF Administrative Procedures, and to permit Jonathan R. O'Boyle to receive electronic filings in this case, and in support hereof states as follows: 1. Jonathan R. O'Boyle is not admitted to practice in the Southern District of Florida and is a member in good standing of the Pennsylvania Supreme Court (PA Bar#314500). 2. Movrui, Robert S. Gershman, Esquire, of the law firm of GERSHMAN & GERSHMAN, P.A., 2160 W. Atlantic Avenue, 2d Floor, 561 -684 -8898, is a member in good standing of the The Florida Bar and the United States District Court for the Southern District of Florida, maintains an office in this State for the practice of law, and is authorized to file through the Court's electronic filing system Case 9:13 -cv- 80530 -DMM Document 25 Entered on FLSD Docket 06117/2013 Page 2 of 5 Movant consents to be designated as a member of the Bar of this Court with whom the Court and Opposing counsel may readily communicate regarding the conduct ofthe case; upon whom Slings shall be served, who shall be required to electronically Me all documents and things that may be filed electronically, and who shall be responsible for Sling documents in compliance with the CM/ECF Administrative Procedures. See Section 211 of the CM/ECF Administrative Procedures, 3. In accordance with the local rules of this Court, Jonathan R. O'Boyle has made payment of this CourCs $75 admission fee. A certification in accordance with Rule 4(b) is attached hereto. 4. Jonathan R. O'Boyle, by and through designated counsel and pursuant to Section 2B CM/ECF Administrative Procedures, hereby requests the Court to provide Notice of Electronic Filings to Jonathan R O'Boyle at email address: Jonathamoboylc gmail,com. WHEREFORE, Robert S. Oershman, moves this Court to enter an Order Jonathan R O'Boyle, to appear before this Court on behalf of Martin E. O'Boyle, for all purposes relating to the proceedings in the above -styled matter and directing the Clerk to provide notice of electronic filings to Jonathan R- O'Boyle. Date: Junc 17, 2013 Respectfully submitted, R ert S.Gershman Flo 'da Bar No. 917397 Robert&glawfirm.us GERSHMAN & GERSHMAN, p.A 2160 W. Atlantic Avenue, 2d Floor Delray Beach, FL 33445 (561) 684 -8898 (telephone) (561) 998 -5868 (facsimile) Attorney for Martin E. O'Boyle 1 I I I Case 9:13 -cv- 80530 -DMM Document 25 Entered on FLSD Docket 05/17/2013 Page 3 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No, 13- 80530- Civ- MIDDLEBROOKS MARTINE. O'BOYLE Plaintiff, vs. TOWN OF GULF STREAM Defendant. CERTIFICATION OF JONATHAN R- O'BOYLE Jonathan R. O'Boyle, Esquire, pursuant to Rule 4(b) of the Special Rules Governing the Admission and Practice of Attorneys, hereby certifies that (1) 1 have studied the Local Rules of the United States District Court for the Southern District of Florida; and (2) I am a member in good standing of the Pennsylvania Supreme Court. It) onathan O'Boyle PA Bar#314500 Case 9:13 -cv- 80530 -DMM Document 25 Entered on FLSD Docket 06/17/2013 Page 4 of 5 CERTIFICATE OF SERVICE . I HEREBY CERTIFY that a true and correct copy of the foregoing Motion to Appear Pro Nac Vice, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings was served by uploading same to the CM/ECF. SERVICE LIST Joarma M. O'Connor joconnorgonesfoster.com JONES FOSTER JOHNSTON & STUBBS, P.A. 505 South Hagler Drive Suite 1100 West Palm Beach, FL 33401 561.659 -3000 (telephone) 561 -650 -5300 (facsimile) Attorneys for Defendant Town of Gulf Stream Case 9:13 -cv- 80530 -DMM Document 25 Entered on FLSD Docket 06/17/2013 Page 5 of 5 UNTIED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No, 13- 80530- CTV- MIDDLEBROOKS MARTIN E. O'BOYLE Plaintiff, vs. TOWN OF GULF STREAM Defendant ORDER GRANTINGMOTION TO APPEAR PRO HA VICE, CONSENT TO DESIGNATION AND REQUEST TO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING THIS CAUSE having come before the Court on the Motion to AppearPro Hac Vice for Jonathan R. O' Boyle, ConscittoDesigoation, aodRegxzttoFlecUm icallyReeeive Notices of Electronic Filing (the "Motion "), pursuant to the Special Rules Governing the Admission and Practice of Attorneys in the United States District Court for the South District of Florida and Section 2B of the CM/ECF Administrative Procedures. This Court having considered the motion and all other relevant factors, it is hereby of Florida ORDERED OR ADJUDGED that. ' The Motion is GRANTED. Jonathan R O'Boyle, may appear and participate in this action on behalf of Martin E. O'Boyle, The Clerk shall provide electronic notification of all electronic filings to Jonathan R. O'Boyle at Jonathanroboyle@gmail.com. DONE AND ORDERD in Chambers, West Palm Beach, Palm Beach County, Southern District of Florida, on June , 2013. DONALD MDDLEBROOKS United States District Judge Copies furnished to: All Counsel of Record a ���9 .1 I � 6� � ..1�:.:' N .. ,d:: p.��. v' N N .',f ALi "�.:.� fir, ..� _ P' .. �� � A O H ��- .5� ' O' 9 � 7� � WaR1 F.m-1 rn �� �. '. \.'; �� .� w IrI.�I ��• ��'g. h .I...r (:, .,. , , ...f., m .. r .. �'. Mr �. i .' ' r � ..1�:.:' N .. ,d:: p.��. v' N N .',f ALi "�.:.� fir, „ t L N u N OW�^+ P' �m U m yF m �� � A O H ��- .5� ' O' 9 � v m� vo e WaR1 F.m-1 rn �� �. �. John F. Harkness, Jr. Executive Director Y 1950 The Florida Bar Lakeshore Plaza H 1300 Concord Terrace, Suite 130 Sunrise, Florida 33323 May 2G, 2015 The Honorable Scott W. Morgan Mayor of the Town of Gulf Stream 100 Sea Rd. Gulf Stream, FL 33483 Re: Unlicensed Practice of Law Investigation of Jonathan R. O'Boyle File No. 20151027(17C) Dear Mayor Morgan: (954) 835 -0233 www.FLORIDABAR.org In August 2014, you filed an unlicensed practice of law complaint against the above - referenced individual. On May 20, 2015, the Seventeenth Judicial Circuit Unlicensed Practice of Law Committee "C" closed that case based on an Affidavit executed by the Respondent. Thank you for bringing this matter to the attention of The Florida Bar. If you have any questions on the committee's action, please feel free to contact me. Sincerely, AN� Algeisa Vazquez Branch UPL Counsel AV /drk Kelly Avery From: Postmaster Sent: Friday, June 26, 2015 12:54 PM To: Local Recipient Subject: 201506261045.pdf Linked Attachment Download The following attachment was removed from the associated email message. You may download the attachment, if you are sure that it is safe to do so, by clicking the Click Here to Download link below. File Name 201506261045.pdf File Size 953671 Bytes Click Here to Download This attachment file has passed various security checks, but this does NOT guarantee that the file is safe. You should only download the attachment if you know and trust the sender. Attachment downloads are monitored and audited for security reasons. COMMISSIONERS SCOTT MORGAN, Mayor ROBERT W. GANGER, Vlce -Mayor JOAN K ORTH W DN THOMAS M. STANLEY DONNAS. WHITE September 19, 2014 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Li�+ Lrr '-� Telephone (561)776.5116 Fax —rr (561)737.0188 Town Manager �:•, - WILLIAM H. THRASHER ' Town Clerk RITA L. TAYLOR Attorney Joanne M. O'Connor Jones, Foster, Jonnston &Stubbs 505 S. Flagler, Suite 1100 West Palm Beach, 'FL 33401 Dear Counselor: Mayor Morgan asked that I forward the enclosed that was received from the Florida Bar. Very truly you/rs ,� //��_ Rita L. Taylor V Town Clerk Encls. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 ,r R 1950 TIE FLORIDA BAR 651 EAST JEFFERSON STREET JOHN F. HARxNEss, JR. TALLARASSEE, FL 32399 -2300 850/5615600 E[00un00G= R MM.n0WOAGR.0RG September 17, 2014 Mr. Scott W. Morgan Mayor Of The Town Of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Re: William Franklin Ring Jr.; The Florida Bar File No. 2015 - 50,283 (17D) Dear Mr. Morgan: Enclosed is a copy of our letter to Mr. Ring which requires a response to your complaint. Once you receive Mr. Ring's response, you have 10 days to file a rebuttal if you so desire. If you decide to file a rebuttal, you must send a copy to Mr. Ring. Rebuttals should not exceed 25 pages and may refer to any additional documents or exhibits that are available on request. Please address any and all correspondence to me. Please note that any correspondence must be sent through the U.S. mail: we cannot accept faxed material. Please be advised that as an arm of the Supreme Court of Florida, The Florida Bar can investigate allegations of misconduct against attorneys, and where appropriate, request that the attorney be disciplined. The Florida Bar cannot render legal advice nor can The Florida Bar represent individuals or intervene on their behalf in any civil or criminal matter. Further, please notify this office, in writing, of any pending civil, criminal, or administrative litigation which pertains to this grievance. Please note that this is a continuing obligation should new litigation develop during the pendency of this matter. Please review the enclosed Notice on mailing instructions for information on submitting your rebuttal. Sincerely, r' Maura Canter, Bar Counsel Attorney Consumer Assistance Program ACAP Hotline 866- 352 -0707 Enclosures (Notice of Grievance Procedures, Copy of Letter to Mr, Ring; Notice - Mailing Instructions) cc: Mr. William Franklin Ring Jr. NOTICE OF GRIEVANCE PROCEDURES 1. The enclosed letter is an informal inquiry, your response is required under the provisions of The Rules Regulating The Florida Bar 4 8.4(g), Rules of Professional Conduct. Failure to provide a written response to this complaint is in itself a violation of Rule 4 8.4(g). If you do not respond, the matter will be forwarded to the grievance committee for disposition in accordance with Rule 3 -7.3 of the Rules of Discipline. 2. Many complaints considered first by staff counsel are not forwarded to a grievance committee, as they do not involve violations of the Rules of Professional Conduct justifying disciplinary action. 3. "Pursuant to Rule 3- 7.1(a), Rules of Discipline, any response by you in these proceedings shall become part of the public record of this matter and thereby become accessible to the public upon the closure of the case by Bar counsel or upon a finding of no probable cause, probable cause, minor misconduct, or recommendation of diversion. Disclosure during the pendency of an investigation may be made only as to status if a specific inquiry concerning this case is made and if this matter is generally known to be in the public domain." 4. The grievance committee is the Bar's "grand jury." Its function and procedure are set forth in Rule 3 -7.4, Proceedings before the grievance committee, for the most part, are non- adversarial in nature. However, you should carefully review Chapter 3 of the Rules Regulating The Florida Bar. 5. If the grievance committee finds probable cause, formal adversarial proceedings, which ordinarily lead to disposition by the Supreme Court of Florida, will be commenced under 3 -7.6, unless a plea is submitted under Rule 3 -7.9. 651 EAST JEMRSON STREET E[ECUDVe DIRECTOR JOHN F. yzDw SS, JR. TALLAHASSEE, FL 32399 -2300 8501561 -5600 {YWIV.PI,0RI0AeA0.0RO September 17, 2014 Mr. William Franklin Ring Jr, The O'Boyle Law Firm 1286 W Newport Center Dr Deerfield Beach, FL 33442 -7733 Re: Complaint by Scott W. Morgan against William Franklin Ring Jr. The Florida Bar File No. 2015 - 50,283 (17D) Dear Mr. Ring: Enclosed is a copy of an inquiry /complaint and any supporting documents submitted by the above referenced complainant(s). Your response to this complaint is required under the provisions of Rule 4- 8,4(g), Rules of Professional Conduct of the Rules Regulating The Florida Bar, and is due in our office by October 1, 2014. Responses should not exceed 25 pages and may refer to any additional documents or exhibits that are available on request. Failure to provide a written response to this complaint is in itself a violation of Rule 4- 8.4(g). Please note that any correspondence must be sent through the U.S. mail; we cannot accept faxed material. You are further required to furnish the complainant with a complete copy of your written response, including any documents submitted therewith. Please note that pursuant to Rule 3- 7.1(b), Rules of Discipline, any reports, correspondence, papers, recordings and/or transcripts of hearings received from either you or the complainant(s) shall become a part of the public record in this matter and thus accessible to the public upon a disposition of this file. It should be noted that The Florida Bar is required to acknowledge the status of proceedings during the pendency of an investigation, if a specific inquiry is made and the matter is deemed to be in the public domain. Pursuant to Rule 3- 7.1(0, Rules of Discipline, you are further required to complete and return the enclosed Certificate of Disclosure form. Further, please notify this office, in writing, of any pending civil, criminal, or administrative litigation which pertains to this grievance. Please note that this is a continuing obligation should new litigation develop during the pendency of this matter. Mr. William Franklin Ring Jr. September 17, 2014 Page Two Finally, the filing of this complaint does not preclude communication between the attorney and the complainant(s). Please review the enclosed Notice for information on submitting your response. Sincerely, Maura Canter, Bar Counsel Attorney Consumer Assistance Program ACAP Hotline 866- 352 -0707 Enclosures (Certificate of Disclosure, Notice of Grievance Procedures, Copy of Complaint, Notice - Mailing Instructions) cc: Mr. Scott W. Morgan NOTICE Mailing Instructions The Florida Bar converts its disciplinary files to electronic media. All submissions are being scanned into an electronic record and hard copies are discarded. To help ensure the timely processing of your inquiry/complaint, please reviewthe following guidelines prior to submitting it to our office. 1. Please limit your submission to no more than 25 pages including exhibits. If you have additional documents available, please make reference to them in your written submission as available upon request Should Bar counsel need to obtain copies of any such documents, a subsequent request will be sent to you. 2. Please do not bind, or index your documents. You may underline but do not highlight documents under any circumstances. We scan documents for use in our disciplinary files and when scanned, your document highlighting will either not be picked up or may obscure any underlying text. 3. Please refrain from attaching media such as audio tapes or CDs, oversized documents, or photographs. We cannot process any media that cannot be scanned into the electronic record. 4. Please do not submit your original documents. All documents will be discarded after scanning and we will not be able to return any originals submitted to our office. The only original document that should be provided to our office is the inquiry/complaint form. 5. Please do not submit confidential or privileged information. Documents submitted to our office become public record. Confidential /privileged information should be redacted. Such information includes, but is not limited to, bank account numbers, social security numbers, credit card account numbers, medical records, dependency matters, termination of parental rights, guardian ad ]item records, child abuse records, adoption records, documents containing names of minor children, original birth and death certificates, Baker Act records, grand jury records, and juvenile delinquency records. If information of this nature is important to your submission, please describe the nature of the information and indicate that it is available upon request. Bar counsel will contact you to make appropriate arrangements for the protection of any such information that is required as part of the investigation of the complaint. Please be aware that materials received that do not meet these guidelines may be returned. Thank you for your consideration in this respect. 1950 THE FLORIDA BAR 651 EAST JEFFERSON STREET JOHY F. HARhNFss, JR. TALLAHASSEE, FL 32399 -2300 (850) 561 -5600 EXEC VE1RREETOP IMMFLORIDADARORG September 17, 2014 Mr. Scott W. Morgan Mayor Of The Town Of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 -742 Re: VerhondaK Williams; RFA No. 15 -4035 Dear Mr. Morgan: This will acknowledge receipt of your inquiry regarding Ms. Williams. After review of the content of your letter, it is unclear as to what assistance you request. Please submit detailed information describing the circumstances of your situation, copies of relevant documents, and a complete statement as to what assistance you seek. Enclosed please find the profile this attorney has on record with The Florida Bar. Please provide specific details regarding the alleged unethical activities by this particular attorney only. Please review the "Important Instructions" section of the complaint form. Part Three states in part: "Describe each thing about which you are complaining. Recite all of the details, in chronological order, supplying dates where possible.... Please be aware that simply alleging conclusions without setting forth facts that support those conclusions will result in the need for the Bar to ask you for additional information and may delay a disposition of your complaint" One of the considerations Bar Counsel must weigh in deciding whether to close a file or proceed further to seek disciplinary measures is the weight of the available evidence. The Bar is required by Supreme Court ruling to show, by clear and convincing evidence that there has been a violation of one or more of the Rules Regulating The Florida Bar. Clear and convincing evidence has been defined as evidence so clear, direct and weighty and convincing as to enable the fsctfrnder to come to a clear conviction, without hesitancy, of the truth of the precise facts in issue. This burden of proof is heavier than the burden of proof required in an ordinary civil trial. Please provide the requested information by October 6, 2014 and use the above reference number on all correspondence with this office. If the requested information is not received by our office on the above date, this record may be closed. Sincerely, Maura Canter, Bar Counsel Attorney Consumer Assistance Program ACAP Hotline 866- 352 -0707 Enclosure (1) Wl Z'2014 .. _ -._.. THEFLORDA BAR I Fnd A lawyof I fhp[h64ofile Verhonda K Williams Member in Good Standing The Florida Bar - MemberProflle EMI.s Rule. WMAS Prot a..l.,ulbm Lapin r1:1- I THE FLORIDA BAR Bar Number: 92607 Address: 500 S Australian Ave Ste 625 West Palm Beach, FL 33401 -6215 United States Phone: 661 -713 -1400 Fax: 561 - 713.1401 Email: v'Mlliams @cosplaw.com v Card: _© ? County: Palm Beach Circuit: 15 Admitted: 09/26/2011 Young Lawyers Member Division: 10 -Year Discipline None History: Sections: Real Property, Probate Law Trial Lawyers Law School: Florida A &M University, College of Law Degree: Doctor of Jurisprudence /Juris Doctor Firm: Clarfleld, Okon, Salomone & Pincus, P.L. Firm Size: 21 l0 50 Position: Associate We beets: cosplaw.com Baan:h The R.M. ear Tins Find a tawyar dha.lory Is provld.d as a puhh. aenlc., Th. Fl.dda ear maintain. Ilmllad basic Informagon eb..a.M,h.,d Iiumad to pnc4ca In 4 a slab (e name, add..., year al blr4y gandap hw aehoob anvnded, admiaalon y-nF Hawaver.4raugh Mia dlncrory The Fl.rlde e.nllowa intllvldlnl anorney. 4w oppertunity t. provltla ror public Inivrma4on ..loin espend.d pahonil aM prohal.nel data. It la Ih4 a40meya raaponalbllity w rou.h.fy ravl- w and update Mass axpandod ps4,ps. The hdomv4on Contained In Most xpanded Ib4ngs Is prvmnNd by 0a Bar "as I.- wIM no wermnty vl any kind, aapnas or Imldla(L The Florida Bar, Ib aoartl of Gov smala, amplayus, and ag.nb M.reof am not mapond Md. for N- ..curacy of that adatlon.1 dab. Puhllcatlan oO4ameya ---Uct lnf.., II.n wlot. Mi. Ib4ng h..Id not be ....hued as 41- 11 .chant to ncaly- unaollclloe eommunkaliom in ury loan. aaHatn umuNOr xad uaea of MI. Mut may mull In c1v 11 or crlmnaI penal4u, The Find a Lawyer directory Is not a lawyer refaml s.m ice. http //v .flaridabw.org /wps/ portal /RbarlhoiTefattyse GlVmprofflell Wp/ a1l c_ LDolwEAXOT- pthRaW05ndd2avg7dCNYUWaKLowfr_42UoOrL)u3cYZ41zA dLrr... 12 R ifso THE FLORIDA BAR 651 EAsrJEFFERaon STREET JORN F. HARRNESS, JR. TALLAHASSEE, FL 32399 -2300 (85D) 561-5600 EXECUIIVC DIRECTOR InVIV-FLORIDAEAR.ORO September 17,2014 Mr. Scott W. Morgan Mayor Of The Town Of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 - -742 Re: Giovani' Mesa; RFA No. 15.4031 Dear Mr. Morgan: This will acknowledge receipt of your inquiry regarding Mr. Mesa. Please provide specific details regarding the alleged unethical activities by this particular attorney only. Please review the "Important Instructions" section of the complaint form. Part Three states in part: "Describe each thing about which you are complaining. Recite all of the details, in chronological order, supplying dates where possible.... Please be aware that simply alleging conclusions without setting forth facts that support those conclusions will result in the need for the Bar to ask you for additional information and may delay a disposition of your complaint" One of the considerations Bar Counsel must weigh in deciding whether to close a file or proceed further to seek disciplinary measures is the weight of the available evidence. The Bar is required by Supreme Court ruling to show, by clear and convincing evidence that there has been a violation of one or more of the Rules Regulating The Florida Bar. Clear and convincing evidence has been defined as evidence so clear, direct and weighty and convincing as to enable the factfinder to come to a clear conviction, without hesitancy, of the truth of the precise facts in issue. This burden of proof is heavier than the burden of proof required in an ordinary civil trial. Please provide the requested information by October 6, 2014 and use the above reference number on all correspondence with this office. If the requested information is not received by our office on the above date, this record may be closed. Sincerely, Maura Canter, Bar Counsel Attorney Consumer Assistance Program ACAP Hotline 866- 352 -0707 1950 TxE FLORIDA BAR 651 EASrJEFFERSON STREET JOHN F. HARKNESS, JR. TALLAHASSEE, FL 32399 -2300 (850) 561 -5600 E==VE DIUMR MV. MDAMRORG September 17, 2014 Mr. Scott W. Morgan Mayor Of The Town Of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 -742 Re: Nickalaus B Taylor; RFA No, 15 -4032 Dear Mr. Morgan: This will acknowledge receipt of your inquiry regarding Mr. Taylor. After review of the content of your letter, it is unclear as to what assistance you request. Please submit detailed information describing the circumstances of your situation, copies of relevant documents, and a complete statement as to what assistance you seek. Please provide specific details regarding the alleged unethical activities by this particular attorney only. Please review the "Important Instructions" section of the complaint form. Part Three states in part: "Describe each thing about which you are complaining. Recite all of the details, in chronological order, supplying dates where possible.... Please be aware that simply alleging conclusions without setting forth facts that support those conclusions will result in the need for the Bar to ask you for additional information and may delay a disposition of your complaint." One of the considerations Bar Counsel must weigh in deciding whether to close a file or proceed further to seek disciplinary measures is the weight of the available evidence. The Bar is required by Supreme Court ruling to show, by clear and convincing evidence that there has been a violation of one or more of the Rules Regulating The Florida Bar. Clear and convincing evidence has been defined as evidence so clear, direct and weighty and convincing as to enable the factfinder to come to a clear conviction, without hesitancy, of the truth of the precise facts in issue. This burden of proof is heavier than the burden of proof required in an ordinary civil trial. Please provide the requested information by October 6, 2014 and use the above reference number on all correspondence with this office. If the requested information is not received by our office on the above date, this record may be closed. Sincerely, Maura Canter, Bar Counsel Attorney Consumer Assistance Program ACAP Hotline 866- 352 -0707 xr +ssa THE FLORIDA BAR 651 EAST JEFFERSON STREET JORN F. HARKNESS, JR. TALLAnAssEE, FL 32399 -2300 xE ECOrn�DIU MR (850) 561 -5600 M"MOMAEARORO September 17, 2014 Mr. Scott W. Morgan Mayor Of The Town Of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 -742 Re: Ryan L Witmer; RFA No. 154033 Dear Mr. Morgan: This will acknowledge receipt of your inquiry regarding Mr. Witmer. After review of the content of your letter, it is unclear as to what assistance you request. Please submit detailed information describing the circumstances of your situation, copies of relevant documents, and a complete statement as to what assistance you seek. Please provide specific details regarding the alleged unethical activities by this particular attorney only. Please review the "Important Instructions" section of the complaint form. Part Three states in part: "Describe each thing about which you are complaining. Recite all of the details, in chronological order, supplying dates where possible.... Please be aware that simply alleging conclusions without setting forth facts that support those conclusions will result in the need for the Bar to askyou for additional intonation and may delay a disposition of your complaint" One of the considerations Bar Counsel must weigh in deciding whether to close a file or proceed further to seek disciplinary measures is the weight of the available evidence. The Bar is required by Supreme Court ruling to show, by clear and convincing evidence that there has been a violation of one or more of the Rules Regulating The Florida Bar. Clear and convincing evidence has been defined as evidence so clear, direct and weighty and convincing as to enable the factfinder to come to a clear conviction, without hesitancy, of the truth of the precise facts in issue. This burden of proof is heavier than the burden of proof required in an ordinary civil trial. Please provide the requested information by October 6, 2014 and use the above reference number on all correspondence with this office. If the requested information is not received by our office on the above date, this record may be closed. Sincerely, ,-- Maury Canter, Bar Counsel Attorney Consumer Assistance Program ACAP Hotline 866- 352 -0707 1950 THE FLORIDA BAR 651 EAsr.TEFFEesm STREET Town F. HARKNms, JR. TALLAHASSEE, FL 32399 -2300 8501561 -5600 E:¢cunveoIaetroa MW.MOWDmw Gae September 17, 2014 Mr. Scott W. Morgan Mayor Of The Town Of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 - -742 Re: Jonathan R O'Boyle; RFA No. 15 -4036 Dear Mr. Morgan: Your complaint against the above -named individual indicates that you may have filed a separate complaint with the Florida Bar's unlicensed practice of law department. In the event that you did not, I am forwarding this complaint to that office. Sincerely, Cam'-- - Maura Canter, Bar Counsel Attorney Consumer Assistance Program ACAP Hotline 866- 352 -0707 Kelly Avery From: Postmaster Sent: Friday, June 26, 2015 12:54 PM To: Local Recipient Subject: UPL Complaint Exhibit 1.jpg Linked Attachment Download The following attachment was removed from the associated email message. You may download the attachment, if you are sure that it is safe to do so, by clicking the Click Here to Download link below. File Name UPL Complaint Exhibit 1.jpg File Size 839723 Bytes Click Here to Download This attachment file has passed various security checks, but this does NOT guarantee that the file is safe. You should only download the attachment if you know and trust the sender. Attachment downloads are monitored and audited for security reasons. rA anomey imormanon jeennsylvama lliscrphnary Board Page 1 of 1 The Disciplinary Board of the Supreme Court of Pennsylvania PA Attorney Information Jonathan Reilly O'Boyle PA Attorney ID: 314600 Current Status: Active Date of Admission: 11/1312012 Lawfinn: Other Organization: District., 0 County: f State Public Access 23 N HIDDEN HARBOUR DR Address: 0 ULFSTREAM, FL 33.483 Tel, _/681768 -1223 Fax: Professional Liaplliry I do not malnteln Professional Llabilily Insurance pursuant to the provisions of Rule of Insurance: Professional Conduct 1.4(C), but I do have private clients and/or a possible exposure to malpractice actions. Comment: Discipline: a4DQ/ 14TheeisdOnwy surd ar0eaupremetrwn PoMwAvankI PlsdWms For q=Oms wm rnml -ro WhVCi) Webare, phase awadua alvwb.auvoorlt@nenoartaac 1. AS.-./ 6. �......... .r:....:..t:...._..L....«i..�.. /L...I. ..� /�.. ..is....... :..0 _L9:1._vf ACAA b...]...,....��A L X. .1 4MMnIA Kelly Avery From: Postmaster Sent: Friday, June 26, 2015 12:54 PM To: Local Recipient Subject: UPL Complaint Exhibit 2.jpg Linked Attachment Download The following attachment was removed from the associated email message. You may download the attachment, if you are sure that it is safe to do so, by clicking the Click Here to Download link below. File Name UPL Complaint Exhibit 2.jpg File Size 809413 Bytes Click Here to Download This attachment file has passed various security checks, but this does NOT guarantee that the file is safe. You should only download the attachment if you know and trust the sender. Attachment downloads are monitored and audited for security reasons. PA Attorney Information I Pennsylvania Disciplinary Board Page 2 of 2 PA Attorney Information Jonathan Reilly O'Boyle PA Attorney ID: 314500 Current Status: Active Date of Admission: 11/13/2012 Lawnrrn: Other Organization: District: 0 County: Cambria ' Public Access Address: 1001 BROAD ST JOHNSTOWN, PA 159.05 Tel: 561758-1223 Fax: - Professional Liability I maintain, either individually or through my firm, Professional Uablllty Insurance pursuant to the Insurance: provisions of Rule of Professional Conduct 1.4(C). Comment: Discipline: 02007 -2014 The Disciplinary Board of the Supreme Court of Pennsylvania. I Disclaimer For questions or comments regarding the website, please contact us at we b.supporM.nacou rts. us. http:// Www. padiscipaaryboard. orgllook- uplpa- Eittomey- info,php ?id= 314500 &pdcount =0 5/29/2014 Ex . Z Kelly Avery From: Postmaster Sent: Friday, June 26, 2015 12:54 PM To: Local Recipient Subject: UPL Complaint Form Cover Page.jpg Linked Attachment Download The following attachment was removed from the associated email message. You may download the attachment, if you are sure that it is safe to do so, by clicking the Click Here to Download link below. File Name UPL Complaint Form Cover Page.jpg File Size 1092980 Bytes Click Here to Download This attachment file has passed various security checks, but this does NOT guarantee that the file is safe. You should only download the attachment if you know and trust the sender. Attachment downloads are monitored and audited for security reasons. THE FLORIDA BAR Unlicensed Practice of Law Complaint Form There is a requirement for you to execute the oath at the end of this form. False statements made in bad faith or with malice may subject you to civil or criminal liability. A copy of your complaint may be sent to the nonlawyer during the course of the investigation. Additionally, if the nonlawyer asks who complained, your name will be provided. Further information may be found in the pamphlet "Filing an Unlicensed Practice of Law Complaint." Your UPL Department Nonlawyer's Name: Scott W. Morgan Name: Address: 100 Sea Rd. Address: City: Gulf Stream City: State & Zip: FL 33483 State & Zip: Telephone: 561- 276 -5116 Telephone: Jonathan R. O'Boyle 1286 West Newport Center Dr. Deerfield Beach FL 33442 954 -574 -6885 Describe your complaint and attach a copy of relevant documents. Please limit complaint and attachments to 25 pages. 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 certain lawyers of The O'Boyle Law Firm for violations of numerous rules of The Florida Bar, as well as with The Florida Bar's Unlicensed Practice of Law Division against a specific individual, Jonathan R. O'Boyle of The O'Boyle Law Firm. Under penalty of perjury, l 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. WA RETURN TO THE FLORIDA BAR J /� /y Date UPL Department UPL Department UPL Department UPL Department UPL Department The Florida Bar The Florida Bar The Florida Bar The Florida Bar The Florida Bar Suite 2580 The Gateway Center Lake Shore Plaza II Rivergate Plaza 651 E. Jefferson St. 4200 George I. Bean Suite 1625 Suite 130 Suite M -100 Tallahassee, FL Pkwy. 1000 Legion Place 1300 Concord Ter. 444 Brickell Ave. 32399 -2300 Tampa, FL 33607 Orlando, FL 32801 Sunrise, FL 33323 Miami, FL 33131 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 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 nlennaQ),,commerce- grouo.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 #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.: 2014CA000720XXXXMB 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 1P 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 "H "); 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 "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 Finn 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 CAM 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 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- groun.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 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.' In mid -April 2014, Chandler came to learn that Denise DeMartini, Martin O'Boyle's long -rime 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 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 CAFI 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 2 I 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(7 a, 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 Finn. In June 2014, Chandler learned that The O'Boyle Law Finn 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 Finn 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 Finn. 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'h Jud. Cir. in and for Palm 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 Finn is likewise prohibited. Fla. Bar Ethics Op. 89 -4 (Aug. 15, 1989) (law fine 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 fine. 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 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. Signature Scott W. Morgan Mayor Town of Gulf Stream 100 Sea Rd. Gulf Stream, FL 33483 Date Kelly Avery From: Postmaster Sent: Friday, June 26, 2015 12:54 PM To: Local Recipient Subject: UPL Complaint- O'Boyle. Signature page.jpg Linked Attachment Download The following attachment was removed from the associated email message. You may download the attachment, if you are sure that it is safe to do so, by clicking the Click Here to Download link below. File Name UPL Complaint- O'Boyle. Signature page.jpg File Size 512637 Bytes Click Here to Download This attachment file has passed various security checks, but this does NOT guarantee that the file is safe. You should only download the attachment if you know and trust the sender. Attachment downloads are monitored and audited for security reasons. 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. S' a Scott W. Morgan Mayor Town of Gulf Stream 100 Sea Rd. Gulf Stream, FL 33483 Z j �/ Date Kelly Avery From: Kieta, Marge <MKieta @jonesfoster.com> Sent: Friday, March 06, 2015 3:17 PM To: stozian @smithtozian.com; D. Culver Smith III (csmith @culversmithlaw.com) (csmith @culversmithlaw.com ) Subject: Town of Gulf Stream Attachments: 20150306151046815_pdf Please see attached. SENT ON BEHALF OF JOANNE M. O'CONNOR Margaret L. Kieta Secretary to Sidney A. Stubbs, Roberto M. Vargas, and Ashlee A. Richman Direct Dial: 561.650.0408 1 Fax: 561.650.5300 1 mkieta @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. - - - -- Original Message---- - From: Margaret L. Kieta [mailto:mkieta @jonesfoster.com] Sent: Friday, March 06, 2015 3:11 PM To: Kieta, Marge Subject: Message from "RNP00267343ACDC" This E -mail was sent from "RNP00267343ACDC" (Aficio MP 7502). Scan Date: 03.06.2015 15:10:46 ( -0500) Kelly Avery From: Postmaster Sent: Friday, June 26, 2015 12:54 PM To: Local Recipient Subject: 20150306151046815.pdf Linked Attachment Download The following attachment was removed from the associated email message. You may download the attachment, if you are sure that it is safe to do so, by clicking the Click Here to Download link below. File Name 20150306151046815.pdf File Size 271020 Bytes Click Here to Download This attachment file has passed various security checks, but this does NOT guarantee that the file is safe. You should only download the attachment if you know and trust the sender. Attachment downloads are monitored and audited for security reasons. JONESFOSTER JOHNSTON & STUBBS, P.A. Joanne M. O'Connor Atfomey 561 - 650 -0498 Fax: 561 - 650 -5300 joconnor@jonesfoster.com March 6, 2015 By E -mail (stozian a smithtozian.com; csmith( culversmithlaw.com) Scott K. Tozian, Esquire Smith Tozian Daniel & Davis, P.A. 109 N. Brush Street Suite 200 Tampa, FL 33602 -4116 D. Culver Smith, III, Esquire Culver Smith, III, P.A. 500 S. Australian Avenue Suite 600 West Palm Beach, FL 33401 Re: Unlicensed Practice of Law (UPL) Complaint by Scott Morgan against Jonathan R. O'Boyle, UPL Case No. 20151027(17C) Complaint by Scott Morgan against William F. Ring, Jr., Esq., The Florida Bar File No. 2015- 50.283(17A) Dear Messrs. Smith and Tozian, On behalf of the Town of Gulf Stream ( "Town "), I write to advise you that the Town has received a number of public records requests for communications by and between it and The Florida Bar in reference to the aforementioned complaints. These include the following requests: PRR 1224 ( #696) (7/31/2014) By Our Public Records, LLC, return to records(a)commerce- group.com Provide all Public Records in connection with communications between Attorney Sweetapple or anyone in his firm and the Florida Bar (including, without limitation, the division which handles unlicensed practice of law section) during the Calendar Year 2014. PRR 1755 ( #1010) (1/27/2015) By CRO Aviation, Inc., return to records(a)commerce- group.com Since 1924 1 West Pnlm Beach 1 Jupiter Fla�ler Ccntcr Tower 505 South Flaglcr Drive, Suitc 1100 Vicst Palm Beach, Florida 33401 www.jonesroster.com March 6, 2015 Page 2 Provide all documentation including correspondence as referred to in the 5th entry on page 4 of invoice no. 177399 (file no. 13147.00001), dated December 31, 2014, sent or received by the Town of Gulf Stream or any of its attorneys regarding UPL complaint, from the period of January 1, 2014 through the date of this request. Attached is page 4, of invoice no. 177399 (file no. 13147.00001), dated December 31, 2014. (sent page 3) PRR 1758 ( #1013) (1/27/2015) By Commerce Group, Inc., return to records(@commerce- group.com Provide all correspondence received by the Florida Bar regarding Jonathan O'Boyle; and provide all correspondence sent to the Florida Bar regarding Jonathan O'Boyle as referred to in the 22nd entry on page 4, of invoice no. 177399 (file no. 13147.00001), dated December 31, 2014. Attached is page 4 , of invoice no. 177399 (file no. 13147.00001), dated December 31, 2014. (sent page 3) PRR 1793 ( #1040) (2112/2015) By CG Acquisition Co., Inc., return to records(a)commerce- group.com Provide all documents which relate to the Letter and Exhibits to Roberto Mendez as identified in the January 23rd billing of Sweetapple, Invoice 10012, in a line entry dated January 16, 2015 (see attached). There is no exemption in the Public Records Act for communications to and from the Florida Bar regarding disciplinary proceedings. Moreover, Rule 3 -7.1 "Confidentiality" of the Rules Regulating the Florida Bar provides: Unless otherwise ordered by this court or the referee in proceedings under these rules, nothing in these rules will prohibit the complainant, respondent, or any witness from disclosing the existence of proceedings under these rules, or from disclosing any documents or correspondence served on or provided to those persons. (emphasis added) See also Doe v. Supreme Court of Florida, 734 F. Supp. 981 (S.D. Fla. 1990) (declaring unconstitutional provisions of Florida Bar Rule 3 -7.1 that prohibited complainants from disclosing information regarding bar disciplinary proceedings). The Florida Bar has advised me that any materials sent to it by the Town of Gulf Stream would have been forwarded to Mr. Tozian as counsel for the respondents. March 6, 2015 Page 3 Please note that unless the public records requests are withdrawn, the Town intends to produce responsive documents to Mr. O'Boyle in the very near future. In accordance with its custom and practice, all public records requests and the responses thereto, including all of the public records produced in response to a particular request, are thereafter made available to the public on the Town's website. Should you disagree that the subject records are not non - confidential public records in the hands of the Town of Gulf Stream, please advise immediately. Regards JONES, FOSTER, JOHNSTON & STUBBS, P.A z JMO:mIk p:Wom\1314710003311tr11 Ik6498.doc Kelly Avery From: Postmaster Sent: Friday, June 26, 2015 12:54 PM To: Local Recipient Subject: 201506261229. pdf Linked Attachment Download The following attachment was removed from the associated email message. You may download the attachment, if you are sure that it is safe to do so, by clicking the Click Here to Download link below. File Name 201506261229.pdf File Size 335326 Bytes Click Here to Download This attachment file has passed various security checks, but this does NOT guarantee that the file is safe. You should only download the attachment if you know and trust the sender. Attachment downloads are monitored and audited for security reasons. BERGER SINGERMAN VIA E -MAIL Gerald F. Richman, Esq, RICHMAN GREER, P.A. One Clearlake Centre, Suite 1504 250 Australian Avenue South West Palm Beach, Florida 33401 -5016 grichman(@riclmiangreer.com Joanne O'Connor, Esq. JONES, FOSTER, JOHNSTON & STUBBS, P.A. 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33402 Phone: (561) 659 -3000 iocamlor rr ionesfoster.com Mitchell W. Berger, Esq. (954) 712 -5140 mbereertn!bereersin gemxm.ce m December 19, 2014 Robert A. Sweetapple, Esq. SWEETAPPLE BROEKER & VARKAS, P.L. 20 SE 3rd Street Boca Raton, Florida 33432 -4914 pleadines(a),sweetanplelaw.com Re: Town of Gulf Stream — Florida Bar Complaints Dear Mr. Richman, Mr. Sweetapple, and Ms. O'Connor: It is our understanding from the proceedings of the Commission of the Town of Gulf Stream on December 12, 2014, that Mayor Scott W. Morgan and the Town's Manager made a determination as to who should execute complaints to the Florida Bar related to the O'Boyle Law Firm prior to the Town of Gulf Stream authorizing them on December 12, 2014; that the Commission of the Town of Gulf Stream did not approve the filing of those complaints until December 12, 2014; and that, prior to that date, Scott W. Morgan may have falsely sworn that he filed such complaints on behalf of the Town of Gulf Stream. We believe that (i) any authorization of the above complaints prior to December 12, 2014 was not lawful and may constitute a violation of the Sunshine Act and (ii) that post boo ratification of Mayor Morgan's filing of those complaints, as attempted on December 12, was not lawful. Please explain why you believe the above was lawful. 6100676.1 Very truly yours, Mitchell W. Berger 1450 BRICKELL AVENUE I SURE 1900 1 MIAMI. FLORIDA 33131 r. (305) 755 -95001 f (305) 714 -43401 WWW.BERGERSINGERMAN.COM ivlatias, Sally From: OConnor, Joanne M. Sent: Friday, December 19, 2014 4:15 PM To: Randolph, John C. Subject: Fwd: Town of Gulf Stream - Florida ear Complaints Attachments: image001.png; ATT00001.htm; image012 jpg; ATT00002.htm; image013 jpg; ATT00003.htm; image014.png; ATT00004.htm; image015jpg; ATT00005.htm; image016jpg; ATT00006.htm; Ltr, to G. Richman, R. Sweetapple and J. O'Connor re. violation of Sunsh .... pdF ATT00007.htm FYI Sent from my iPhone Begin forwarded message: From: "Steven D. Weber" <SWeber(a),bergersingerman.com> To: "grichman(a,richmangreer.com" <Lrrichman(@,richmangreer.co "pleadings crsweetanplelaw.com" < pleadinas ,sweetapplelaw.com>, " OConnor, Joanne M." <JOConnorQdioncsfoster.com> Cc: "Mitchell W. Berger" <MBerger(@,bergersingerman.co Town of Gulf Stream - Florida Bar Complaints Mr. Richman, Mr. Sweetapple, and Ms. O'Connor, Please see the attached correspondence from Mitchell Berger. Thank you f www.bergersingerman.coml <www.bergersingerman.com> Steven D. Webcr<hn://www.bergersingerman.com/people/steven-d-weber/> 1450 Brickell Avenue Suite 1900 1 Miami FL 33131 office: (305) 755 -9500 direct: (305) 982 -4025 1 fax: (305) 714 -4340 email: SWeber(ao)bergersingerman. com< mailto :SWeberObergersingerman.com> website: www.bereersinizerman. com <httn: / /www.bergersingerman.com> doing business in Florida resource: www.flabusinesslaw. com <htto: / /www.flabusinesslaw.com> fcid:ima eg 012. jpg(@ OIDO1BA6. 22FB9AE0]< htto:// www .linkedin.com/coinpanv/berger- singerman> fcid: image013 .ing(@,OID01BA6.22FB9AE0] <li�tt : / /www.facebook.com/BergerSin eg rman> fcid:image014.pngng O1DO1BA6.22FB9AE01 <httns: / /plus.google. com / 102567168091004856216 #102567168091004856216 /posts> rcidirna e015.ipg 0lI)01BA6.22FB9AE01 < httn : / /twitter.com/BergerSingerman> rcid:ima eg 016.ipg(aA1DOIBA6.22FB9AEO < http:/ /www.bergersingerman.com/Blog/> Please consider the environment before printing this email. This transmission is intended to be delivered only to the named addressee(s) and may contain information that is confidential, proprietary, attorney work - product or attorney - client privileged. If this information is received by anyone other than the named and intended addressee(s), the recipient should immediately notify the sender by E -MAIL and by telephone at the phone number of the sender listed on the email and obtain instructions as to the disposal of the transmitted material. In no event shall this material be read, used, copied, reproduced, stored or BERGER SINGERMAN VIA E -MAIL Gerald F. Richman, Esq, RiCHMAN GREER, P.A. One Clearlake Centre, Suite 1504 250 Australian Avenue South West Palm Beach, Florida 33401 -5016 grichman a riclunanereer.com Joanne O'Connor, Esq. JONES, FOSTER, JOHNSTON & STUBBS, P.A. 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33402 Phone: (561) 659 -3000 $oconnor04 onesfoster.com Mitchell W. Berger, Esq. (954) 712 -5140 mbereern bereersineermnn.com December 19, 2014 Robert A. Sweetapple, Esq. S WEETAPPLE BROEKER & VARKAs, P.L. 20 SE 3n1 Street Boca Raton, Florida 33432 -4914 pleadingsCa�sweetapplelaw.com Re: Town of Gulf Stream — Florida Bar Complaints Dear Mr. Richman, Mr. Sweetapple, and Ms. O'Connor: It is our understanding from the proceedings of the Commission of the Town of Gulf Stream on December 12, 2014, that Mayor Scott W. Morgan and the Town's Manager made a determination as to who should execute complaints to the Florida Bar related to the O'Boyle Law Firm prior to the Town of Gulf Stream authorizing them on December 12, 2014; that the Commission of the Town of Gulf Stream did not approve the filing of those complaints until December 12, 2014; and that, prior to that date, Scott W. Morgan may have falsely sworn that he filed such complaints on behalf of the Town of Gulf Stream. We believe that (i) any authorization of the above complaints prior to December 12, 2014 was not lawful and may constitute a violation of the Sunshine Act and (ii) that post hoc ratification of Mayor Morgan's filing of those complaints, as attempted on December 12, was not lawful. Please explain why you believe the above was lawful. 6100636 -1 Very truly yours, �w• Mitchell W. Berger 1450 BRICKELL AVENUE I SURE 19001 MIAMI. FLORIDA 33131 r: (3055) 755.95001 /i (305) 714 -43401 WWW.BERGERSINGERMAN.COM Kelly Avery From: Jonathan O'Boyle <joboyle @oboylelawfirm.com> Sent: Friday, June 26, 2015 1:43 PM To: OConnor, Joanne M. Cc: stearns @jambg.com; kendrake @dldlawyers.com; Kelly Avery; Macfarlane, Mary Subject: RE: Gulf Stream - Jonathan O'Boyle PRR - UPL File Joanne, thank you for the responses. I will review them sometime over the weekend and let you know. As a quick aside, I appreciate that you have politely agreed to disagree on some issues. When I have a bit more time I will revisit our disagreements and hope that I could be more persuasive. As to the endless emails, I feel your pain in that regard, although you have been an excellent pen pal — writing is time consuming because I am ever so conscious of writing clearly and with levity while still making my point. Perhaps even eliciting a tacit laugh or smile, and that's no jiggery- pokery. Something to think about, but not for today. I know the attorney general has a mediation program if we continue to agree on disagreements or visa versa, but if the Town knows of any administrative agency that can quickly resolve disputes as they arise, I am all ears. I do not believe that Florida has a functional equivalent to New Jersey's General Records Council and it is a shame that the AGO is reserved. Thank you, From: OConnor, Joanne M. [ mailto :JOConnor @jonesfoster.com] Sent: Friday, June 26, 2015 12:53 PM To: Jonathan O'Boyle Cc: stearns @jambg.com; kendrake @dldlawyers.com; Kelly Avery; Macfarlane, Subject: Gulf Stream - Jonathan O'Boyle PRR - UPL File Jonathan — Mary Please allow this correspondence to constitute the Town of Gulf Stream's further production in response to your public records request related to the UPL complaint made on August 25, 2014. Attached to this email is the following: • Communications by and between Scott Morgan or the Town and The Florida Bar (we have previously sent to you communications sent by Sweetapple, Broeker & Varkas to The Florida Bar). This includes a communication dated May 26, 2015 from Algeisa Vasquez to Mr. Morgan advising that the file was closed on May 20, 2015. • Copies of records regarding the UPL Complaint maintained by Scott Morgan. • A September 29, 2014 communication to me from the Town forwarding various correspondences received from The Florida Bar on September 17, 2014 including one from Maura Canter regarding you. • Communication from me to Messrs. Tozian and Smith dated March 6, 2015 and from Mr. Berger to me, Mr. Sweetapple and Mr. Richman dated September 19, 2014. You have requested any contracts or authorizations to work on the UPL complaint between the Town and Mr. Sweetapple or anyone else. In this regard, I would refer you to the minutes of the December 12, 2014 Town of Gulf Stream Commission Meeting, which are publicly available on the Town's website. There are no other public records responsive to this request. With regard to your comments about the Sweetapple August 2014 invoices that have been redacted to reflect exempt information, it appears we will have to agree to disagree. As I mentioned, that invoice is the subject of ongoing litigation and we can expect the court to decide the issue. The Town believes that the identity of potential witnesses and sources of information that its attorneys identified as material to pending litigation clearly reflects litigation strategy that is exempt under the Act. Finally, I note that you have broadly requested the Town's "entire UPL file" on you. To the extent that any Town officer, employee or outside attorney had a file so designated, all responsive records have now been produced. Please note that, in response to numerous public records requests seeking documents on which the Town relied when preparing prior motions for sanctions and a motion to disqualify, the Town has previously produced numerous documents regarding you and your bar membership. See, e.g., Town's response to PRR 14 -1190. I understand that the Town has also produced to you the transcribed statement of Joel Chandler. The Town considers your request for public records related to your UPL file to now be closed. In the spirit of ongoing cooperation and dialogue, please feel let me know if there are additional public records that you seek from the Town. A telephone call might be more productive than ongoing email; if you and Mr. Drake would like to call, I will make myself available. Regards, Joanne JONESFOSTER toilm -r assrum.ra. Joanne M. O'Connor :attorney Direct Dial: 561.650.0498 1 Fax: 561.650.5300 1 joconno _ jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Hagler 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 rccipient(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.