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HomeMy Public PortalAboutRoeder Deposition Transcripts 5/20/15In The Matter Of: CHRISTOPHER F. O'HARE v. TOWN OF GULF STREAM Deposition ofL 0 UIS ROEDER May 20, 2015 DEBRA DURAN & A S S O C I A T E S Registered Prnfes.sionni Reporters P.O. Box 2288 West Palm Beach, Florida 33402 561- 313 -8000 I IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA 2 CASE NO.: 502013CA017717XXXXMB AA 3 4 CHRISTOPHER F. O'HARE, 5 Plaintiff, 6 -vs- 7 TOWN OF GULF STREAM, 8 Defendant. 9 10 11 VIDEOTAPED DEPOSITION OF LOUIS ROEDER, III TAKEN AT THE INSTANCE OF THE DEFENDANT 12 Wednesday, May 20, 2015 13 1:13 p.m. - 1:46 p.m. 14 5550 Glades Road 15 Suite 500 Boca Raton, Florida 16 17 18 19 20 21 Reported By: Lisa G. Simescu, RPR 22 Notary Public, State of Florida Debra Duran & Associates 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 APPEARANCES: On behalf of the Plaintiff: GMM /MADISON, P.A. MARK J. HANNA, ESQ. MARRETT HANNA, ESQ. 201 South County Road, #3272 Palm Beach, Florida 33480 (561) 223 -9990 Also on behalf of the Plaintiff: LOUIS L. ROEDER, III 7414 Sparkling Lake Road Orlando, Florida 32819 (407) 758 -4194 On behalf of the Defendant: SWEETAPPLE, BROEKER & VARKAS, PL ROBERT A. SWEETAPPLE, ESQ. 20 Southeast 3rd Street Boca Raton, Florida 33432 (561) 392 -1230 Also Present: Bo Cooper, Legal Graphicworks Cynthia Bailey, Sweetapple, Broeker & Varkas, P.L. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I N D E X WITNESS: DIRECT CROSS REDIRECT LOUIS ROEDER, III By Mr. Sweetapple ... 5 E X H I B I T S NUMBER DESCRIPTION No attachments... RECROSS PAGE C E R T I F I ED Q U E S T I O N S PAGE LINE 24 12 34 7 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 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 The videotaped deposition of LOUIS ROEDER, III, was taken before me, Lisa G. Simescu, RPR and Notary Public, State of Florida at Large, at 5550 Glades Road, Suite 500, Boca Raton, Florida, on Wednesday, May 20, 2015, beginning at 1:13 p.m., pursuant to the Notice in said cause for the taking of said deposition, which is attached to the court file herein, at the instance of the defendant in the above - entitled cause pending in the above -named court. THE VIDEOGRAPHER: We're on the video record. Today is the 20th day of May 2015. The time is 11 -- sorry, 1:13 p.m. This is the videotaped deposition of Louis Roeder, III, in the matter of O'Hare verse Town of Gulf Stream. This deposition is being held at 5550 Glades Road, Suite 500, Boca Raton, Florida 33431. My name is Bo Cooper. I'm the videographer representing Legal Graphicworks. At this time will the attorneys please announce their appearances for the record. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 MR. HANNA: Mark Hanna for the plaintiff, Christopher O'Hare. MR. SWEETAPPLE: Robert Sweetapple on behalf of the defendant, Town of Gulf Stream. And, Mr. Hanna, if I could have the exhibits or if the reporter has the exhibits, I'll try to use the same exhibits. MR. HANNA: All right. MR. SWEETAPPLE: Thank you. Would you please state your -- THE REPORTER: Oh, wait. I haven't sworn him yet. MR. SWEETAPPLE: Oh, please. WHEREUPON, LOUIS ROEDER, III, being by me first duly sworn to tell the whole truth, as hereinafter certified, testified as follows: THE WITNESS: I do. I affirm. DIRECT EXAMINATION BY MR. SWEETAPPLE: Q. Would you please state your name? A. Louis Roeder. Q. And what is your residence address? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 5 1 2 3 M 5 6 7 ME 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. 7414 Sparkling Lake Road, Orlando, Florida. Q. Uh -huh. And you are a member of the Florida Bar? A. Yes, I am. Q. How long have you been a member of the Florida Bar? A. I think 183 or 185. Q. And what is your educational background? A. BA in arts and a bachelor of architecture degree and a law degree and a MBA. Q. Okay. And where did you get your degrees, those degrees? A. Bachelor of art in architecture in Rice University, law degree and the MBA at the University of Houston. Q. Okay. So from you're from Texas? A. Yes, sir. Q. My daughter went to MRU for a couple years before she transferred to Miami. A. I won't hold that against you. SMU's a nice school. Q. I've been out there quite a bit. How long have you known Mr. O'Hare? A. Since before each one of us was married. Q. So how long ago was that? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 6 15 Q. How long have you been his lawyer? Well, you Page 7 1 A. Probably back, '71, 1970, '69, '70. 2 Q. 1970, all right. How did you know him? 3 A. He dated my wife's best friend. 4 Q. Okay. And have you been good friends since 5 then? Q. First time was when 19 -- 6 A. Yes, we have. 24 7 Q. Okay. So you've been good friends for over 8 40 years? Debra Duran & Associates 9 A. Yes, sir. 10 Q. Okay. Did you ever go to school together? 11 A. No. 12 Q. All right. And have you served as his lawyer 13 for that long? 14 A. No. 15 Q. How long have you been his lawyer? Well, you 16 only became a lawyer in 180 what, 183? 17 A. 183, I believe. It was 183 to 185. 18 Q. Did you represent him at that time? 19 A. No. 20 Q. When's the first time you represented him? 21 A. A few years ago. 22 Q. First time was when 19 -- 23 A. I would say informally years ago, and I can't 24 give you an exact date, but probably a lot more 25 formally about two and a half years ago, back in Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 M 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 041108! Q. Okay. And did you have an office down here or an office in Orlando at the time? A. I have an office, home office in Orlando and I would office out of his place, his business here in -- Q. Okay. So you have a home office in Orlando and you come down and work out of his office on his legal matters? A. Yeah. Q. And did you -- What type of legal matters -- Without disclosing what you discussed with him, what kind of legal matters were you handling by way of your representations to third parties or filings with the court? A. Initially it was business matters that didn't deal with filings of the court, but then 2011 it evolved. Q. Okay. And did he start getting involved in public records matters at that time? A. Yeah, early on. I helped him early on. In 2011 or early 2012 was some of the first public records requests we ever made. Q. Okay. And when's the first time you met Joel Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 8 1 Chandler? 2 A. I believe 2014 3 date. I can't give you an exact 4 Q. And was he ever your paralegal? 5 A. He served in the form of a paralegal. He 6 gave advice regarding his experiences with public 7 records requests. 8 Q. Did he ever -- did you ever pay him as a 9 paralegal? 10 A. I never paid him directly. If anyone paid 11 him, it was Mr. O'Hare. 12 Q. So you never hired him for your -- 13 Do you have a law firm or you just practice 14 in your own name? 15 A. Just practice in my own name -- 16 Q. Okay. 17 A. -- and I never paid him out directly, but I 18 would sit there and take the advice. And if he had 19 a bill, he would submit it to Chris. 20 Q. Okay. So he just -- he worked for Chris 21 directly? 22 A. I wouldn't say that. 23 Q. Well, have you seen any bills that he gave to 24 1 Chris? 25 1 A. No, I haven't. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. And are you aware that he did bill Chris for advice? A. I think he did. Q. Okay. Well, he's not a lawyer, right? A. Who's not a lawyer? Q. Mr. Chandler. A. No, he's not. Q. And he's not a paralegal? A. I wouldn't know that. Q. What kind of advice was Mr. Chandler giving Mr. O'Hare? A. I think in his experiences with public records requests. Q. And Mr. O'Hare was paying him for that? A. I don't know if he was paying him for that or what. As I said, I didn't see any bills. Q. You never saw the bills. So how do you know that? How do you know that Mr. O'Hare was giving money to Mr. Chandler? A. Just from my conversations with Mr. O'Hare and myself. Q. Okay. And you never spoke to Mr. Chandler about whether or not he was giving advice to Mr. O'Hare regarding public records requests? A. I spoke to Mr. Chandler about giving me Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Pagc I I advice about public records requests, about his experiences. Q. So you had him give you advice regarding his experience? A. Right. Q. Okay. And that would include how to file public records requests, how to set up lawsuits? A. Not so much how to, as explain how he did it. Q. How he did it, how he set up lawsuits? A. No, I didn't say that. How he filed public records requests. Q. Well, did he tell you that he had tremendous experience in filing public records requests and then turning them into lawsuits all over the state? A. No. I don't think he put it that way. He said he had tremendous experience in filing public records requests and he did it in such a way that if ever it resulted in a lawsuit, he made sure that he dotted all his is and crossed all his t's. Q. He instructed you how to file the request so that you could turn them into a lawsuit and win it, right? MR. HANNA: Objection, mischaracterization. THE WITNESS: That's exactly not what I Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 said. 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 REPORTER: Wait, wait, wait. THE WITNESS: Okay, I'm sorry. MR. HANNA: Objection, mischaracterization. THE WITNESS: That's what I was going to say, is you're putting words in my mouth. That is not what I said. BY MR. SWEETAPPLE: Q. Well, did he discuss with you his experience in filing lawsuits? A. Yes to some degree he explained his history. Q. Okay. And what was the purpose of your taking his advice? A. That he knew the ins and outs of how to file public records requests to make sure you asked for the material properly, you got the right response and you could get, you know, the information from the town that you were seeking. Q. Did he ever tell you how many public records requests he had filed in his career? A. No. Q. And how many lawsuits he'd filed? A. No. Q. Were you aware that Mr. Chandler was Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Pagc 13 generating income by filing public records requests and lawsuits? A. No, I'm not aware of that. Q. And did he ever use the word with you a "kill shot ", that he specialized in "kill shots "? A. I can't recall he ever used that. Q. How to set up public records requests so it would be a "kill shot ", you don't remember him ever saying that or writing that? A. No. I heard it through -- I think the first time I heard it was in one of your motions or complaints. Q. Okay. And did Mr. Chandler assist you with any of the lawsuits, any public records lawsuits? A. I wouldn't say assist. If we had questions about public records requests, how to file them or had questions about cases, he knew the cases, seemed to know the cases evidently. He knew the Sunshine Law manual. He knew the AG's cases intimately and he would share that information with us so we would do our own research. Q. All right. So he would give you information regarding -- Did you ever file -- Did you ever review any lawsuits that were Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 filed on behalf of Mr. O'Hare with Mr. Chandler? MR. HANNA: I'm going to object. I think you're getting into work product and attorney - client privileged matters. BY MR. SWEETAPPLE: Q. Mr. Chandler -- Mr. Chandler was not your employee, right? A. Not an employee, no, sir. Q. Okay. And he wasn't Mr. O'Hare's employee? A. Not that I know of. Q. How many times did you meet with Mr. Chandler? A. Meet physically? Maybe only about two or three times. Q. And how many times did you talk to him on the phone? A. Probably dozens of times. Q. Dozens. And did you ever correspond with him by e -mail? A. I think a few times, yes. Q. Okay. Do you still have those e- mails? A. Yes, I do. Q. That's 2014? A. I don't know what year it is. Q. Well, that's when you first met him, right? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Pagc 14 Page IS 1 A. Yeah. Could have been 2014, could have been 2 2015. I think it was 2014 and not 2015. 3 Q. Okay. And did Mr. -- did Mr. Chandler ever 4 review any of the lawsuits that were prepared? 5 MR. HANNA: Again, I'm going to object. 6 1 think you're getting into work product. 7 MR. SWEETAPPLE: Well, make your 8 objection. I don't believe -- 9 MR. HANNA: I'm making my objection. 10 MR. SWEETAPPLE: So you're instructing 11 him not to answer? 12 MR. HANNA: Well, he's not my client. 13 MR. SWEETAPPLE: Okay. So what's your 14 objection? 15 MR. HANNA: I'm making an objection on 16 behalf of my client Christopher O'Hare 17 involving his work product and -- 18 THE WITNESS: It's his privilege so... 19 MR. HANNA: Yeah. 20 BY MR. SWEETAPPLE: 21 Q. Okay. So did, did you ever provide copies 22 of -- 23 Did you ever prepare any public records 24 lawsuits from Mr. O'Hare? 25 MR. HANNA: Okay. I just want to get Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 one thing. What does this have to do with the 09/03/15 -- or 114 meeting? MR. SWEETAPPLE: This is all related to his relationship and it's going to go to what he -- how close he is, what he did, whether or not he's credible because of his relationship. THE WITNESS: What if I just tell you that I'm close and I'm a very credible person and we can go on with 09/03? MR. SWEETAPPLE: No, because I think that's something the judge is going to decide based on the facts, and I'm trying to elicit the facts. MR. HANNA: We're here today for the your allegations that one of us disclosed the contents of a September 3rd, 2014 confidential meeting. MR. SWEETAPPLE: I'm here -- MR. HANNA: And you're talking about Joel Chandler back in 2013, 2014. Joel Chandler had nothing to do with that meeting. MR. SWEETAPPLE: Well, I'll find that out. I'm trying to ascertain generally the Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page Ifi 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 background and I don't know -- I don't -- I haven't accused either of you of disseminating, and I am trying to determine who disseminated. It's clearly been disseminated. THE WITNESS: I think that I saw a motion where you're alleging that it's Mr. O'Hare, him or I. MR. SWEETAPPLE: Someone on his behalf. He or someone on his behalf. THE WITNESS: I think you said his attorneys. MR. SWEETAPPLE: I said someone on his behalf or his attorneys and that could have -- MR. HANNA: Okay. MR. SWEETAPPLE: -- been an O'Boyle Law Firm attorney, could have been you, could have been whoever. I don't know. I'm trying to make discovery, and I want to continue with my discovery. BY MR. SWEETAPPLE: Q. With regard to Mr. Chandler what -- from what period of time did -- when's the first time you communicated with Mr. Chandler and when's the last Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 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 time? A. I don't have any idea the first time. I don't have any idea of the last time. Q. Were you talking to him in 2015 in September? A. I don't think in 2015 September, because we haven't gotten there yet. Q. Okay. The scope of your representation, just to generally understand the scope of your representation, did you ever undertake to file public records requests for Mr. O'Hare? A. Yes. I had filed public records requests on his behalf. Q. Did you prepare them for him and file them in his name? A. I filed for him as my client. In fact it is stated in the public records request that I was filing on behalf of my client. He filed his own public records request cases too. Q. Okay. Did you prepare those -- A. He prepared his own, I believe, but that would be -- you're asking me what I'm doing as an attorney. Q. So prepared, you prepared public records requests and filed them? A. Yes. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 19 Q. For him? A. Yes. Q. Okay. And did you ever prepare any public records lawsuits for him? A. No. I -- that's getting into some privileged and confidential. Q. Well, I want to -- did you ever file any? A. Did I ever file any? I think he agreed upon them or drafted them and then we would take them down and I would file them. If you say file, I actually go down there and physically file them, so I went down there and physically filed them. Q. Okay. So he prepared lawsuits pro se and you just took them down and filed them? A. You're asking me my, a lot of my -- MR. HANNA: This is getting into -- I'm going to object. It's getting into work product. MR. SWEETAPPLE: I'm asking you what you did. MR. HANNA: Attorney - client privilege. THE WITNESS: I'm not going to tell you. That's privileged and confidential work product. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 20 BY MR. SWEETAPPLE: Q. So how many, how many -- how many lawsuits did you physically take down for Mr. O'Hare and file? A. I have no idea. Q. And where did you file them? A. Courthouse. Q. At Palm Beach County? A. Yes. Q. So were they all cases against Gulf Stream? A. Yes, I believe so. Q. Okay. And do you know Martin O'Boyle? A. Yes. Q. And when was the first time you spoke with or met Mr. O'Boyle? A. I cannot even say. I think it may have been at -- I can't remember whether it was at Mr. O'Hare's house, but I have never really had a formal introduction to Mr. O'Boyle. Q. Was Mr. O'Hare -- was Mr. O'Boyle at Mr. O'Hare's house at a time you were there? A. I can't recall. I know he's been there, but I can't recall whether it was a time that I've been there. Q. Okay. Have you ever spoken to Mr. O'Hare? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Yes, I spoke to him and speak to Mr. O'Hare all the time. Q. I'm sorry, Mr. O'Boyle, I apologize. Have you ever spoken to Mr. O'Boyle? A. I think -- yes, I've spoken to him. Q. How many times? A. I can't recall, but very few. A handful of times. Q. Okay. Have you ever represented him? A. No. Q. Have you ever been cocounsel with the O'Boyle Law Firm? A. I have filed notice of appearance in a case where the O'Boyle Law Firm was handling a case for both Mr. O'Hare and Mr. O'Boyle, a joint case. I think I filed a notice of appearance in that case. I can't recall whether I actually did or not. Q. On behalf of Mr. O'Boyle and Mr. O'Hare? A. No, just Mr. O'Hare. Q. And you're sure of that? A. Yes. Q. So you've never filed any appearance on behalf of Mr. O'Boyle? A. Absolutely not. Q. And you've never provided legal advice to Mr. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 21 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 O'Boyle? A. Absolutely not. Q. And have you ever gone to the O'Boyle Law offices? A. Yes. Q. On how many occasions? A. Once, maybe twice. Q. Okay. And who have you met with there? A. Attorneys in the O'Boyle Law Firm. Q. Which attorneys? A. I think -- I think Nick Taylor, Giovani Mesa. This is on different occasions. I can't remember, you know -- Q. What about Mr. Ring? A. Mr. Ring. Q. Did you -- after September 3rd, 2014, did you have any conversations with Mr. Ring? A. That's privileged. Q. I just want to know if you had any conversations with him, not what they were. A. Yes. Q. Okay. Did you have any conversations with Mr. Ring on September 3, 2014? A. I can't recall. Q. What about -- do you recall September 3, 2014 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 23 was the day we had -- A. Yes. Q. -- settlement meeting? A. Yes. Q. Okay. Do you recall if you telephoned or met with Mr. Ring on that day? A. I can't recall whether it was that day or the next day, but it was like soon thereafter I think we had a telephone conversation or met. Q. Okay. So you had a telephone conversation with Mr. Ring on September 4th, correct? A. I said telephone conversation or met and I can't remember if it was the 3rd or the 4th. Q. Okay. So it was either the 3rd -- it was either the day of the settlement conference or the day after -- A. I believe so. Q. -- that you had an interaction with Mr. Ring? A. With the O'Boyle Law Firm. You're the one who's pointing out Mr. Ring. Q. Well, Mr. Ring is who you spoke to, right? A. I spoke to some attorneys at the O'Boyle Law Firm. I think Mr. Ring was one of them. Q. Okay. So who was present for this meeting on September 3rd or September 4th with the O'Boyle Law Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PaLe 24 Firm? A. I think it was Mr. O'Hare, my client, and representatives of the O'Boyle Law Firm. I think Giovani Mesa, I believe, Taylor, Ring and I think Jonathan O'Boyle was there too as a member of the O'Boyle Law Firm. I think. I'm not sure whether he was there or whether he was there by phone. Q. But he was participating in this conference? A. I believe so. Q. And how long did this conference last? A. I have no idea. Q. And did you hand to anyone after September 3rd, 2014 a copy of Exhibit 2 to this deposition, the handwritten 09/03/14 meeting note, settlement document? A. That's privileged and confidential. Q. Uh -huh. So you're asserting on your own behalf a privilege as to whether or not you handed a document to someone? A. Yes. Q. Okay. Did you have with you a copy of the document that's marked as Exhibit 2 to this deposition? A. I cannot recall. Q. Okay. Did you disclose to anyone at that Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 rJ 9 10 11 12 13 14 15 16 17 Eil 19 20 21 22 23 24 25 Page 25 meeting what was said at that -- at the meeting of September 3, 2014? A. Privileged. MR. SWEETAPPLE: Okay. And just certify all those for me, if you would. (The questions were certified.) BY MR. SWEETAPPLE: Q. And did you make anyone at that meeting aware that the, that there was a confidentiality agreement to be treated as a mediation that was signed as to the September 3, 2014 meeting? A. Again, privileged. Q. And what's the basis of the privilege, because Mr. -- because Mr. -- A. I'm speaking to other attorneys that represent Mr. O'Hare. Q. Do you know how Mr. Ring, Mr. O'Boyle or Airline Highway obtained a copy of the, of Exhibit 2? A. No idea. Q. You didn't hand it to them? A. No idea. Q. Did you ever transmit by telefax or e -mail or in any form to any -- to anyone? A. To anyone? Anyone or anyone at the O'Boyle Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Law Firm, 'cause I want to give you an answer? Q. Anyone ever. A. Anyone ever... yes. Q. Okay. And who'd you transmit it to? A. Privileged. Q. When did you transmit it? A. Privileged. Q. Okay. And you're claiming lawyer- client privilege -- A. Yes. Q. -- for transmitting, for scanning a document? MR. HANNA: Also on behalf of Mr. O'Hare, work product. MR. SWEETAPPLE: Okay. BY MR. SWEETAPPLE: Q. Have you ever, have you ever stated that I extorted anyone to anyone? A. Have I ever stated that to anyone? No, I don't believe so. Q. Have you ever written that in draft or final document? A. As an opinion, no, I don't think so. Q. Just stating it? A. I said I don't think so. Q. Have you ever heard Mr. O'Boyle say to Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 26 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 someone other than an attorney of his -- A. O'Boyle or O'Hare? Q. O'Hare. O'Boyle or O'Hare. A. Okay. Start the question -- Q. Let's start with O'Hare. Have you ever heard Mr. O'Hare state that he believed the town extorted him? A. I don't think I've ever heard him state that. Q. Okay. Have you ever seen him write that? A. I've never seen him write that. Q. Have you ever seen it in a writing that he produced? A. I can't recall at this time. Q. Okay. A. You brought it up, but I can't recall ever seeing it. Q. Have you ever seen a writing that he's written where he accuses me of extorting him? A. No, I can't recall ever seeing that. Q. Okay. Have you ever heard him say that to any third party other than a lawyer? A. Nope. Q. To your knowledge have I ever made any threats of anything that you thought was extortion of Mr. O'Hare? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 27 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 can't answer that because of confidentiality. Q. On the basis of what he's told you? A. Something he's told me? Q. Right. I'm saying other than that. I'm saying anything you've seen. A. Can you restate the question? Q. Have you seen anything I've done where you believe I've extorted Mr. O'Hare? A. You're asking for my belief. Yeah, I believe you extort Mr. O'Hare. Q. Okay. How do you believe I've extorted Mr. O'Hare? A. I just read the definition in the statutes here just a few moments ago and it seemed -- it seems to me you're -- asking my opinion. Seems to me that you have extorted him. You ask me how, I cannot answer that, because it's confidential, either the 09/03 meeting or it could be privileged because I discussed it with my client. Q. Okay. Did it have to do with the settlement of a lawsuit? A. Please ask me a full question. Does it have to. It what? Q. Does your opinion that somehow I have Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 29 extorted Mr. O'Hare have to do with the settlement of a lawsuit or settlement of lawsuits? A. In my opinion, yes. Q. Okay. So this conduct you believe occurred at a settlement conference that you were present at? A. No. I believe the conduct occurred at a scheduling conference and I think some of that conduct occurred at a settlement conference too. Q. Okay. were you ever present at a scheduling conference? A. No. Q. Okay. And was Mr. O'Hare present at a scheduling conference? A. Not that I'm aware of. Q. So everything -- some of what you're talking about your opinion is based on hearsay. A. Strict definition of hearsay, probably yes. Q. Okay. Based on something Mr. Hanna told you? A. Yes, that he was instructed to tell Mr. O'Hare by you. Q. He was instructed by me to tell Mr. O'Hare? A. That's the way it was relayed to me. Q. Okay. And how long did this meeting that took place on September 3rd or September 4th, 2014 last? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 30 A. God, you know that probably better than I do. Probably at the time -- Q. No, no, not our meeting. I'm talking about the one you had with the O'Boyle Law Firm. MR. HANNA: I'm going to object, mischaracterizes. I think you said September 3rd meeting. THE WITNESS: You said September 3rd. BY MR. SWEETAPPLE: Q. You said it was either September 3rd or September 4th that you went over there. A. Okay. I just want to make sure. You're referring to -- Q. Yeah, I wouldn't have said September 3rd or September 4th about our meeting. I know our meeting was September 3rd. You testified that you met at the O'Boyle Law Firm with Mr. Ring, Mr. Mesa, Mr. Taylor and Mr. Jonathan O'Boyle; it may have been on phone, either September 3rd or September 4th -- A. Uh -huh. Q. -- correct? A. Correct. Q. How long did that meeting last? A. I'm going to guess maybe about an hour, hour and a half. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 31 Q. And how did you go to that meeting? Were you invited to go, or did you just go call and make an appointment? MR. HANNA: I'm going to object on behalf of Mr. O'Hare, attorney - client or work product. BY MR. SWEETAPPLE: Q. Did you schedule the meeting? A. No, I did not. Q. Okay. Do you know if Mr. O'Hare -- Did Mr. O'Hare go with you to the meeting or was he already there? A. He went with me to the meeting. Well, we went to the meeting together. Q. How many times have you gone to the O'Boyle Law Firm with Mr. O'Hare? A. I don't know whether that's getting into some -- Q. How many times? A. How many times I've been? Probably -- Yeah, speak up, I think Chris can't hear. If you can repeat the question. I got distracted. Q. Yeah. How many times have you gone to the O'Boyle Law Firm and met with someone at the O'Boyle Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Law Firm with Mr. O'Hare present? A. Probably, if I told you like a couple of times, both times it was with Mr. O'Hare. Q. And do you have an employment agreement with Mr. O'Hare? A. I have an engagement letter. Q. You have an engagement letter, okay. And when did you enter into an engagement letter? A. I think it was sometime around September or October of 2011. Q. Okay. And do you, do you bill him for any legal work with regard to public records requests? A. That's confidential. Q. I want to know if you bill him. A. I'm saying it's confidential. Q. Okay. Have you been engaged by him as a lawyer to file public records requests? A. I have an engagement letter with him and I've helped him file and I have filed on his behalf public records requests. Q. Okay. And what I'm asking is are there instances where he has filed on his behalf pro se where you, where you claim you have a fee entitlement? THE REPORTER: Where you claim what, Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 32 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I'm sorry? MR. SWEETAPPLE: You have a fee entitlement. THE WITNESS: That's privileged. BY MR. SWEETAPPLE: Q. Is there any -- do you have any -- Are you making any, is Mr. O'Hare or you making any claim you've performed legal services on any cases where that hasn't been asserted in the pleading? A. I haven't made any claim yet. Q. And Mr. O'Hare pays you individually or through a company? A. Through a company. Q. Okay. Which company are you engaged by? A. Pineapple Grove. Q. And do you get paid weekly, monthly? A. About twice a month. Q. Do you have any other clients besides Mr. O'Hare? A. Just informal clients. Q. No other paying clients. A. Informal clients. Some pay, some don't. Q. Okay. So Mr. O'Hare is your main client? A. Yes. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 34 Q. Okay. He's your source of livelihood? A. I wouldn't go that far. Q. Do you have other, other clients in your practice that pay for your practice or is he your primary -- A. I think I already said he's my primary. Q. Okay. What percentage of your practice -- A. That's confidential. Come on, Bob, you know. Q. No. A. Yes, it is. Q. Percentage goes to credibility. It's not -- you have to disclose it. You have to disclose it to the bar. You have to disclose it to your insurance carrier. A. If the Bar asks me, I'll disclose it to them, Bob. Until they do, I'm sorry, it's privileged. Q. I want to know in terms of your credibility. MR. HANNA: Bob -- THE WITNESS: I've already given my answer. Can we go on to another question? MR. SWEETAPPLE: No, I want to know what percentage of your income -- THE WITNESS: I refuse to answer because of privilege. MR. SWEETAPPLE: -- comes from Mr. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 O'Hare's company. THE WITNESS: I refuse to answer. MR. HANNA: He's not answering it. You want to move on. MR. SWEETAPPLE: Okay. I'll certify it. THE WITNESS: Please. (The question was certified.) BY MR. SWEETAPPLE: Q. And how long has Mr. O'Hare been your primary source of income? MR. HANNA: I'm going to object. Mischaracterization. BY MR. SWEETAPPLE: Q. Is he your primary source of income? MR. HANNA: Object, asked and answered. BY MR. SWEETAPPLE: Q. Is he your primary source of income? A. So far, yes. Q. And how long has he been your primary source of income? A. Last year to two years. Q. And how many hours a week do you work for Mr. O'Hare? A. That's privileged, I'm sorry. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 35 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. Why is that privileged? Tell me the nature of that privilege so when we go to court I can, I can have some idea what you're going to argue. Is it lawyer- client? Is it work product? MR. HANNA: He doesn't have to and you're also -- he also testified that he does more broad legal work for Mr. O'Hare. BY MR. SWEETAPPLE: Q. How many hours a week do you typically work for Pineapple Grove or Mr. O'Hare? A. I already refused once to answer and -- Q. Are you a full -time employee? A. No, sir, I'm not. Q. Okay. Do you work less than 30 hours a week for him? A. I'm not answering that. Q. Okay. Do you render him bills for your time? A. I'm not answering, it's privileged. Q. Whether or not you render him bills is privileged? What is that a lawyer- client privilege or a work product privilege or both? A. Both. Q. Okay. And did you have any -- Did you review the complaint that was filed by Mr. Ring on behalf of Mr. O'Boyle and Airline Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 37 Highway that made reference to the September 3rd, 2014 settlement conference? A. Only through your motion. Q. Did you have any subsequent meetings at the O'Boyle Law Firm after this meeting of September 3rd or September 4th? A. No. Q. Did you have any e -mails or phone conversations with them at any time after that September 3rd or September -- A. Privileged. Q. -- 4th meeting? Just want to know if you had any, not what the contents are. A. Privileged. Same basis on which you felt you objected to answer questions about your employment with the town and whether or not you represented the town. Every answer was attorney work product. That's attorney work product for me too. Q. Okay. A. It's no different. Q. All right. So you're not going to answer whether or not you have any such writings so that I could then subpoena them and then you can assert a privilege under the law? I just want to know if Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 they exist. A. I'm saying privileged. The fact if I acknowledge they exist, then I'm giving away a representation. Q. So did you bring any communications with you pursuant to the subpoena you were served with? A. There are none -- Q. So you have -- A. -- that aren't privileged. Q. There are none that aren't privileged. Did you bring any documents with you to assert a privilege over? A. No. Q. Do you have documents that are responsive to the subpoena? A. Yes. Q. Then why didn't you bring them? A. Because they're privileged. Q. But that doesn't excuse you from bringing them. You have to identify -- You're a lawyer, right? A. You know I am. Q. Okay. Have you, have you ever practiced in court? A. Yes. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Pagc 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 39 Q. Have you ever tried a case? A. No. Q. Have you ever subpoenaed anyone for deposition? A. No. Q. Have you ever taken a deposition? A. Yes. Q. Okay. Are you aware that when you're subpoenaed for documents that you still have to bring them to the deposition and then identify on the record what you assert is privileged in Florida? A. I've given you my answer, sir. Q. Okay. So what documents do you have, what e- mails, text messages or other written communications do you have concerning the settlement conference? A. Nothing that is not privileged. Q. That's for the judge to decide, not for you to decide. Can you tell me what documents you have so I can then get them, we can get the court to examine them in camera and we can have the judge adjudicate it rather than you? A. You have my answer. Q. So the answer is you're not going to answer? A. I already answered. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. It's privileged. You've decided it's privileged; you're not going to tell me what documents you physically have. A. No, sir. Q. Is that correct, you're not going to tell me? A. It's privileged. Q. Okay. MR. SWEETAPPLE: Well, I'm going to suspend the deposition, and I'm going to move for an order compelling and for an award of attorney fees and costs based on these obstructionistic actions by Mr. Roeder, who is an attorney. All right. THE REPORTER: Read or waive for this portion? MR. HANNA: He'll read. THE VIDEOGRAPHER: Time is 1:46. Deposition is concluded. (The reading and signing of this deposition is not waived.) Witness excused. (The deposition was concluded at 1:01 p.m.) Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 41 CERTIFICATE OF OATH THE STATE OF FLORIDA: COUNTY OF PALM BEACH: I, the undersigned authority, certify that LOUIS ROEDER, III personally appeared before me and was duly sworn. WITNESS my hand and official seal this 5th day of June 201S..�/� �d. x1,�„uoac Lisa G. Simescu, RPR Notary Public - State of Florida My Commission No.: EE209439 Expires: July 13, 2016 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 42 CERTIFICATE I, Lisa G. Simescu, Notary Public in and for the State of Florida at Large, do hereby certify that the foregoing deposition was taken before me in this cause at the time and place and in the presence of counsel as shown herein; that the foregoing pages contain a true and correct transcription of the testimony of said witness. I hereby certify that I am neither attorney for any party, nor am I related to or employed by any attorney or party connected with the action, nor am I financially interested in the action. 5th day of June 2015. Lisa G. Simescu, RPR Notary Public State of Florida at Large Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 43 RULE 1.310 FLORIDA RULES OF CIVIL PROCEDURE PROVIDES: (e) Any changes in form or substance which the witness desires to make shall be entered upon the deposition by the officer with a statement of the reasons given by the witness for making them. PAGE LINE CHANGE REASON Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 44 C E R T I F I C A T E THE STATE OF FLORIDA) COUNTY OF PALM BEACH) I hereby certify that I have read the foregoing deposition by me given, and that the statements contained herein are true and correct to the best of my knowledge and belief, with the exception of any corrections or notations made on the errata sheet, if one was executed. Dated this day of 2015. LOUIS ROEDER, III Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 45 June 5, 2015 Louis Roeder, III, Esq. In re: O'Hare v. Town of Gulf Stream Videotaped deposition testimony of Louis Roeder, III given on May 20, 2015 The referenced transcript has been completed and awaits reading and signing. Please call our office at the below - listed number between the hours of 9:00 a.m. - 3:00 p.m., Monday through Friday to schedule an appointment to come to our office and read and sign the transcript. If desired, you may also opt to waive signature. if so, sign your name at the bottom and mail to our office to be attached to the original transcript. If the transcript is not reviewed and signed within 30 days, the original, which has been sent to the ordering attorney, may be filed with the Clerk of the Court. Very truly yours, sa G. Simescu, RPR I hereby waive my signature: CC: All counsel of record Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 0 09/03 16:10 28:19 09/03/14 24:14 09/03/15 16:2 1 11 4:15 14 16:2 19 7:22 1970 7:1,2 1:01 40:22 1:13 4:6,15 1:46 40:17 3 2 24:13,22 25:19 20 4:6 2011 8:1,18,23 32:10 2012 8:23 2013 16:21 2014 9:2 14:23 15:1,2 16:17,21 22:16,23,25 24:13 25:2,1129:24 37:2 2015 4:6,1415:2 18:4,5 20th 4:14 k' 3 22:23,2525:2,11 30 36:14 33431 4:20 3rd 16:1722:16 23:13,14,25 24:13 29:24 30:7,8,10,14, 16,19 37:1,5,10 4 40 7:8 4th 23:11,13,25 29:24 30:11,15,19 37:6,12 5 500 4:5,19 5550 4:4,19 6 69 7:1 7 70 7:1 71 7:1 7414 6:1 8 80 7:16 83 6:77:16,17 85 6:7 7:17 A above - entitled 4:11 above -named 4:12 Absolutely 21:24 22:2 accused 17:2 accuses 27:18 acknowledge 38:3 actions 40:12 address 5:25 adjudicate 39:22 advice 9:6,1810:2, 10,23 11:1,3 12:14 21:25 affirm 5:20 AG'S 13:19 agreed 19:8 agreement 25:9 32:4 Airline 25:18 36:25 allegations 16:16 alleging 17:7 announce 4:24 answering 35:3 36:16,18 apologize 21:3 appearance 21:13,16,22 appearances 4:24 appointment 31:3 architecture 6:9, 13 argue 36:3 art 6:13 arts 6:9 ascertain 16:25 asks 34:15 assert 37:2438:12 39:11 asserted 33:9 asserting 24:17 assist 13:13,15 attached 4:9 attorney 17:18 18:22 27:137:18, 19 40:11,13 attorney - client 14:4 19:2131:5 attorneys 4:24 17:12,14 22:9,10 23:22 25:15 award 40:11 aware 10:112:25 13:3 25:8 29:14 39:8 B BA 6:9 bachelor 6:9,13 back 7:1,2516:21 background 6:8 17:1 bar 6:3,634:13,15 based 16:13 29:16, 18 40:11 basis 25:13 28:3 37:15 Beach 20:8 beginning 4:6 behalf 5:414:1 15:16 17:9,10,14 18:12,17 21:18,23 24:18 26:12 31:5 32:19,22 36:25 belief 28:10 believed 27:6 bill 9:19 10:1 32:11,14 bills 9:2310:16,17 36:17,19 bit 6:22 Bo 4:21 Bob 34:8,16,18 Boca 4:5,19 bring 38:5,11,17 39:10 bringing 38:19 broad 36:7 brought 27:15 business 8:5,17 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: 09/03-concluded C call 31:2 camera 39:21 career 12:21 carrier 34:14 case 21:13,14,15, 16 39:1 cases 13:17,18,19 18:18 20:10 33:9 certified 5:18 25:6 35:8 certify 25:5 35:5 Chandler 9:1 10:6,10,19,22,25 12:25 13:13 14:1, 6,12 15:3 16:21,22 17:23,25 Chris 9:19,20,24 10:131:21 Christopher 5:2 15:16 claim 32:23,25 33:8,11 claiming 26:8 client 15:12,16 18:15,17 24:2 28:20 33:24 clients 33:19,21, 22,23 34:3 close 16:5,9 cocounsel 21:11 communicated 17:25 communications 38:5 39:15 company 33:13, 14,15 35:1 compelling 40:10 complaint 36:24 complaints 13:12 concluded 40:18, 22 conduct 29:4,6,8 conference 23:15 24:8,10 29:5,7,8, 10,13 37:2 39:16 confidential 16:18 19:6,23 24:16 28:18 32:13,15 34:8 confidentiality 25:9 28:2 contents 16:17 37:14 continue 17:21 conversation 23:9,10,12 conversations 10:20 22:17,20,22 37:9 Cooper 4:21 copies 15:21 copy 24:13,21 25:18 correct 23:11 30:21,22 40:5 correspond 14:18 costs 40:11 County 20:8 couple 6:18 32:2 court 4:9,12 8:16, 18 36:2 38:24 39:20 Courthouse 20:7 credibility 34:11, 17 credible 16:6,9 crossed 11:19 D date 7:24 9:3 dated 7:3 daughter 6:18 day 4:1423:1,6,7 8,15,16 deal 8:18 decide 16:13 39:18,19 decided 40:1 defendant 4:10 5:4 definition 28:14 29:17 degree 6:10,14 12:12 degrees 6:11,12 deposition 4:1,8, 16,18 24:14,23 39:4,6,10 40:9,18, 20,22 determine 17:3 DIRECT 5:21 directly 9:10,17,21 disclose 24:25 34:12,13,15 disclosed 16:16 disclosing 8:13 discovery 17:20, 21 discuss 12:10 discussed 8:13 28:20 disseminated 17:4,5 disseminating 17:3 distracted 31:23 document 24:15, 19,22 26:11,21 documents 38:11, 14 39:9,13,19 40:3 dotted 11:19 dozens 14:17,18 draft 26:20 drafted 19:9 duly 5:17 E e-mail 14:19 25:23 e -mails 14:2137:8 39:14 early 8:22,23 educational 6:8 elicit 16:14 employee 14:7,8,9 36:12 employment 32:4 37:16 engaged 32:16 33:15 engagement 32:6, 7,8,18 enter 32:8 entitlement 32:24 33:3 evidently 13:18 evolved 8:19 exact 7:24 9:2 EXAMINATION 5:21 examine 39:21 excuse 38:19 excused 40:21 Exhibit 24:13,22 25:19 exhibits 5:6,7,8 exist 38:1,3 experience 11:4, 13,16 12:10 experiences 9:6 10:12 11:2 explain 11:8 explained 12:12 extort 28:11 extorted 26:17 27:6 28:9,12,17 29:1 extorting 27:18 extortion 27:24 F fact 18:1538:2 facts 16:13,14 fee 32:23 33:2 fees 40:11 felt 37:15 file 4:9 11:6,20 12:15 13:16,24 18:9,13 19:7,8,10, 1120:4,6 32:17,19 filed 11:1012:21, 23 14:1 18:11,15, 17,24 19:12,14 21:13,16,22 32:19, 22 36:24 filing 11:13,16 12:11 13:1 18:17 filings 8:16,18 final 26:20 find 16:24 firm 9:13 17:18 21:12,14 22:9 23:19,23 24:1,396 26:130:4,17 31:16,25 32:137:5 Florida 4:4,5,20 6:1,2,6 39:11 form 9:5 25:24 formal 20:18 formally 7:25 friend 7:3 friends 7:4,7 full 28:23 full -time 36:12 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: conduct -hear G gave 9:6,23 generally 16:25 18:8 generating 13:1 Giovani 22:11 24:4 give 7:24 9:2 11:3 13:22 26:1 giving 10:10,18,23, 25 38:3 Glades 4:4,19 God 30:1 good 7:4,7 Graphicworks 4:23 Grove 33:16 36:10 guess 30:24 Gulf 4:18 5:4 20:10 M half 7:25 30:25 hand 24:12 25:21 handed 24:18 handful 21:7 handling 8:14 21:14 handwritten 24:14 Hanna 5:1,5,9 11:23 12:4 14:2 15:5,9,12,15,19,25 16:15,20 17:16 19:16,2126:12 29:18 30:5 31:4 34:18 35:3,12,16 36:5 40:16 He'll 40:16 hear 31:21 heard 13:10,11 26:25 27:5,8,20 hearsay 29:16,17 held 4:18 helped 8:2232:19 hereinafter 5:18 Highway 25:18 37:1 hired 9:12 history 12:12 hold 6:20 home 8:4,7 hour 30:24 hours 35:23 36:9, 14 house 20:18,21 Houston 6:15 I is 11:19 idea 18:2,3 20:5 24:1125:20,22 36:3 Identify 38:20 39:10 III 4:2,175:16 include 11:6 income 13:134:22 35:11,15,18,21 individually 33:12 informal 33:21,23 informally 7:23 information 12:18 13:20,22 Initially 8:17 Ins 12:15 Instance 4:10 Instances 32:22 instructed 11:20 29:19,21 instructing 15:10 insurance 34:13 Interaction 23:18 intimately 13:19 Introduction 20:19 Invited 31:2 involved 8:20 involving 15:17 J Joel 8:25 16:21 joint 21:15 Jonathan 24:5 30:18 judge 16:1239:18, 21 K kill 13:4,5,8 kind 8:1410:10 knew 12:15 13:17, 18,19 knowledge 27:23 L Lake 6:1 Large 4:4 law 6:10,149:13 13:19 17:17 21:12, 14 22:3,9 23:19,22, 25 24:3,6 26:1 30:4,17 31:16,25 32:137:5,25 lawsuit 11:18,21 28:22 29:2 lawsuits 11:7,9,14 12:11,23 13:2,14, 25 15:4,24 19:4,13 20:2 29:2 lawyer 7:12,15,16 10:4,5 27:2132:17 38:21 lawyer - client 26:8 36:4,20 legal 4:22 8:9,12, 14 21:25 32:12 33:8 36:7 letter 32:6,7,8,18 Lisa 4:2 livelihood 34:1 long 6:5,23,25 7:13,15 24:10 29:23 30:23 35:10, 20 lot 7:24 19:15 Louis 4:1,165:16, 24 M made 8:2411:18 27:23 33:1137:1 main 33:24 make 12:16 15:7 17:20 25:8 30:12 31:2 making 15:9,15 33:7,8 manual 13:19 Mark 5:1 marked 24:22 married 6:24 Martin 20:12 material 12:17 matter 4:17 matters 8:9,12,14, 17,21 14:4 MBA 6:10,14 mediation 25:10 meet 14:11,13 meeting 16:2,18, 23 23:3,24 24:14 25:1,8,1128:19 29:23 30:3,7,15,23 31:1,8,1 1,13,14 37:5,12 meetings 37:4 member 6:2,5 24:5 Mesa 22:1124:4 30:17 messages 39:14 met 8:25 14:25 20:15 22:8 23:5,9, 12 30:16 31:25 Miami 6:19 mischaracterizati on 11:24 12:5 35:13 mischaracterizes 30:6 moments 28:15 money 10:19 month 33:18 monthly 33:17 motion 17:737:3 motions 13:11 mouth 12:8 move 35:440:10 MRU 6:18 ro nature 36:1 nice 6:20 Nick 22:11 Notary 4:3 note 24:14 notice 4:721:13,16 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: heard -outs L7 O'boyle 17:17 20:12,15,19,20 21:3,4,11,14,15,18, 23 22:1,3,9 23:19, 22,25 24:3,5,6 25:17,25 26:25 27:2,3 30:4,17,18 31:15,25 36:25 37:5 O'hare 4:17 5:2 6:23 9:11 10:11, 14,18,20,24 14:1 15:16,24 17:8 18:10 20:3,20,25 21:1,15,18,19 24:2 25:16 26:13 27:2, 3,5,6,25 28:9,11,13 29:1,12,20,2131:5, 10,11,16 32:1,3,5 33:7,12,20,24 35:10,24 36:7,10 O'hare's 14:9 20:18,2135:1 object 14:2 15:5 19:17 30:5 31:4 35:12,16 objected 37:16 objection 11:23 12:4 15:8,9,14,15 obstructionistic 40:12 obtained 25:18 occasions 22:6,12 occurred 29:4,6,8 October 32:10 office 8:2,3,4,5,7,8 offices 22:4 opinion 26:22 28:16,25 29:3,16 order 40:10 Orlando 6:1 8:3,4, 7 outs 12:15 P p.m. 4:7,15 40:23 paid 9:10,1733:17 Palm 20:8 paralegal 9:4,5,9 10:8 participating 24:8 parties 8:15 party 27:21 pay 9:8 33:23 34:4 paying 10:14,15 33:22 pays 33:12 pending 4:11 percentage 34:7, 11,22 performed 33:8 period 17:24 person 16:10 phone 14:1624:7 30:19 37:8 physically 14:13 19:11,12 20:3 40:3 Pineapple 33:16 36:10 place 8:5 29:24 plaintiff 5:2 pleading 33:10 pointing 23:20 portion 40:15 practice 9:13,15 34:4,7 practiced 38:23 prepare 15:23 18:13,19 19:3 prepared 15:4 18:20,23 19:13 present 23:24 29:5,9,12 32:1 primary 34:5,6 35:10,15,18,20 privilege 15:18 19:2124:18 25:13 26:9 34:24 36:2, 20,2137:25 38:12 privileged 14:4 19:5,23 22:18 24:16 25:3,12 26:5,7 28:19 33:4 34:16 35:25 36:1, 18,20 37:11,15 38:2,9,10,18 39:11, 17 40:1,2,6 pro 19:13 32:22 produced 27:12 product 14:315:6, 17 19:18,24 26:13 31:6 36:4,21 37:18,19 properly 12:17 provide 15:21 provided 21:25 public 4:3 8:21,23 9:6 10:12,24 11:1, 7,10,13,16 12:16, 20 13:1,7,14,16 15:23 18:10,11,16, 18,23 19:3 32:12, 17,20 purpose 12:13 pursuant 4:7 38:6 put 11:15 putting 12:7 Q question 27:4 28:7,23 31:22 34:20 35:8 questions 13:15, 17 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schedule 31:8 scheduling 29:7,9, 13 school 6:217:10 scope 18:7,8 seeking 12:19 September 16:17 18:4,5 22:16,23,25 23:11,25 24:13 25:2,1129:24 30:7,8,10,11,14,15, 16,19 32:9 37:1,5, 6,10 served 7:12 9:5 38:6 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: p.m- .subpoenaed services 33:8 set 11:7,9 13:7 settlement 23:3,15 24:15 28:2129:1, 21518 37:2 39:15 share 13:20 shot 13:5,8 shots 13:5 signed 25:10 signing 40:19 Simescu 4:3 sir 6:17 7:9 14:8 36:13 39:12 40:4 sit 9:18 SMU'S 6:20 source 34:135:11, 15,18,20 Sparkling 6:1 speak 21:131:21 speaking 25:15 specialized 13:5 spoke 10:22,25 20:14 21:123:21, 22 spoken 20:25 21:4, 5 start 8:2027:4,5 state 4:3 5:11,23 11:14 27:6,8 stated 18:16 26:16, 18 stating 26:23 statutes 28:14 Stream 4:18 5:5 20:10 Strict 29:17 submit 9:19 subpoena 37:24 38:6,15 subpoenaed 39:3, 9 Index: subsequent —years subsequent 37:4 today 4:14 16:15 when's 7:20 8:25 Suite 4:5,19 told 28:3,4 29:18 17:24,25 Sunshine 13:18 32:2 who'd 26:4 suspend 40:9 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13:11 17:24 18:1, 2,3 20:14,21,23 waived 40:20 21:2 27:13 30:2 36:1737:940:17 Wednesday 4:6 times 14:11,14,15, week 35:2336:9, 17,20 21:6,8 31:15, 14 19,20,24 32:3 weekly 33:17 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586