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HomeMy Public PortalAboutO'Hare Deposition Transcripts 5/20/15In The Matter Of: CHRISTOPHER F. OWARE v. TOWN OF GULF STREAM Deposition of CHRISTOPHER OWARE May 20, 2015 DEBRA DURAN' A S S O C I A T E S Registered Professional Reporters P.O. Box 2288 West Palm Beach, Florida 33402 561 - 313 -8000 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502013CA017717XXXXMB AA CHRISTOPHER F. O'HARE, Plaintiff, -vs- TOWN OF GULF STREAM, Defendant. VIDEOTAPED DEPOSITION OF CHRISTOPHER F. O'HARE TAKEN AT THE INSTANCE OF THE DEFENDANT Wednesday, May 20, 2015 10:28 a.m. - 1:01 p.m. 5550 Glades Road Suite 500 Boca Raton, Florida Reported By: Lisa G. Simescu, RPR Notary Public, State of Florida Debra Duran & Associates 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 APPEARANCES: On behalf of the Plaintiff: 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. Martin O'Boyle (until 11:39 a.m.) 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 RECROSS CHRISTOPHER F. O'HARE By Mr. Sweetapple ... 5 E X H I B I T S NUMBER DESCRIPTION PAGE Exhibit No. 1 25 Excerpts from Town Commission 11 -14 -14 Exhibit No. 2 75 Sign -in sheet for 09/03/14 settlement conference Exhibit No. 3 100 Excerpts from Town Commission 09 -12 -14 Exhibit No. 4 130 09/05/14 records request C E R T I F I E D Q U E S T I O N S PAGE LINE 53 24 54 23 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 CHRISTOPHER F. O'HARE 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 10:28 a.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 are on the video record. Today is the 20th day of May 2015. The time is 10:28 a.m. This is the videotaped deposition of Christopher O'Hare 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 18 19 20 21 22 23 24 25 MR. HANNA: Mark Hanna for Christopher O'Hare. MR. ROEDER: Lou Roeder for Christopher O'Hare. MR. SWEETAPPLE: Robert Sweetapple on behalf of the Town of Gulf Stream. Has he been sworn in? WHEREUPON, CHRISTOPHER F. O'HARE, being by me first duly sworn to tell the whole truth, as hereinafter certified, testified as follows: THE WITNESS: I so swear and affirm. DIRECT EXAMINATION BY MR. SWEETAPPLE: Q. Good morning, Mr. O'Hare. A. Good morning, Bob. How are you? Q. Good. I'm here to take your deposition with regard to a case that you brought against the Town of Gulf Stream and particularly with regard to motions for sanctions that are pending against you seeking sanctions with regard to the alleged disclosure of confidential settlement meetings that were treated as mediation and as well motion 57.105 fees with regard to your motion to disqualify me Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 5 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 this case. There was a notice of taking your deposition. Did you have a chance to look at that before the deposition? A. Before we start, I just wanted to point out that I have a condition called tinnitus. My ears ring and they're especially ringing today. I just ask that you speak up, and I apologize if I have to ask you to ask me twice but -- Q. Okay. A. -- I think what you asked me is did I look at the subpoena to appear or the notice to appear here? Q. Yes. A. Yes, I did. Q. Okay. You have ringing ears. What is that related to? Is that related to any -- is that a physical malady, a deafness problem or -- A. I don't know and doctors haven't told me. It started when I was in college and has gotten progressively worse, but it sounds like the room is -- like there's a jet engine on the other side of that wall. Q. Okay. So if at any time you don't understand my question, as I've said before, just let me know and I'll rephrase it or I'll speak louder. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. I will do that. I appreciate your accommodating me. Q. Are you on any medication today that would make it difficult for you to concentrate or to answer questions? A. No. Q. Okay. So there's nothing pressing in your life that's going to distract you from giving truthful answers today? A. You mean besides being accused of RICO? Q. Anything -- is there anything that's going to -- is that going to keep you from giving truthful answers here today, the fact that you're sued for RICO? A. Well, it's certainly on my mind, but I don't think it's sufficiently distracting to keep me from answering your questions truthfully. Q. Well, that was what my question was so... A. Then the answer is no. Q. Okay, good. And you did have a chance to look at Addendum A with regard to the notice which asks you to bring copies of any and all written communications including e -mails or text messages you sent or received concerning the settlement conference, and the date is September 3, 2014 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 through the present, which was the date of the settlement conference? A. Yes. Q. Did you look for writings? A. Yes. Q. Okay. Do you -- Before we get into the writings, let me get some background from you because the settlement conference concerned your attendance with two attorneys. It's clear from the record in this case that Mr. Hanna, Mark Hanna, represents you in some of your litigation, correct? A. Yes. Q. Okay. And how long has Mr. Hanna represented you? A. Do you want to bracket the degree, or you just want me to give you a general answer? Q. General answer, how long has he represented you? A. For a while. Q. I mean, more than two years? A. I don't think it's been more than two years. Q. Okay. So less than two years? A. Seems like eternity, but I think it's less than two years. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 PaLC 8 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. And also his wife is a lawyer. Is it Marrett Hanna? A. That's what I've been lead to believe. Q. Okay. Has she ever represented you? A. I don't think she's officially represented me. Q. Okay. Has she been employed by the O'Boyle Law Firm? A. I don't have knowledge of that. Q. Well, did you ever go to the O'Boyle Law Firm and meet with her at the O'Boyle Law Firm or have any communications with her that you deem to be lawyer- client privileged? A. I've talked to her at town hall on occasion, I think when she was deposing you in regard to Mayor Morgan, but I don't recall any other times. Q. When she was deposing me? A. I believe, if I remember that correctly, yes. When she was deposing you in regard to -- or I'm sorry, I correct myself. When you were representing Scott Morgan and she was deposing Scott Morgan, I believe I talked to her there. Q. Okay. When you spoke to her there, she was not your attorney? A. No. 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 Page 10 Q. And she'd never been your attorney previously? A. I'm confused by the term my attorney. I don't know what you mean. Q. Do you maintain that you have had communications with Marrett Hanna as an attorney seeking that they'd be confidential? A. You mean after she graduated law school? Q. At any time. A. Yes, I just said that. Yes. Q. Do you consider her to have been your attorney at any time? A. I don't know what you mean by my attorney. You mean did she -- did I have a formal contact with her to represent me? Q. Did you have any communications with her that you thought created a lawyer- client relationship? A. I'm not sure what qualifies as privileged with an attorney that gives you some advice or you discuss things with. Q. Has she ever given you legal advice, or have you ever gone to her for legal advice? A. I've gotten opinions from her. Q. Okay. And did you do that any time other than at the deposition of Scott Morgan at city hall 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 I I that you referred to? A. I can't recall that. And the opinions weren't really any different than the opinions I got from you over the phone over the last 15 years. Q. Okay. So are you saying that she was your attorney or wasn't your attorney? A. Again, I didn't have a signed contract with her to represent me. Q. I understand that. But you did ask her for her legal opinion? A. No. I think in the course of conversations she volunteered opinions. Q. Okay. A. But I never think I -- don't think I ever asked her for a legal opinion. Q. So you've never met with her at the O'Boyle Law Firm? A. At their physical address? No. Q. Okay. And the only time you've ever talked to her was at Mr. Morgan's deposition at city hall? A. As I recall at this moment. Q. Okay. And with regard to the O'Boyle Law Firm, has the O'Boyle Law Firm represented you at any time during the past three years? A. Yes. 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. Okay. And who at the O'Boyle Law Firm have you had lawyer- client communications with, which lawyers? A. I believe that's privileged. Q. No, just the identity, not the contents. That's not privileged. The payment of money to a lawyer, the identity of the client are clearly not privileged under Florida or federal law. A. I seem to recall Nick Taylor, Mr. Giovani Mesa, a few others. I can't recall all of them right now. Q. Nick Taylor, Giovani Mesa. What about Jonathan O'Boyle? A. He is representing me on a pro hac vice status on something. Q. Okay. And have you ever looked at Mr. Jonathan O'Boyle's pro hac vice motions? A. Looked at his motions? Q. Yeah, to see where he represents he resides? A. There's a very good possibility. I can't recall right now. Q. Has Mr. Jonathan O'Boyle ever told you where he resides? A. I'm sorry, I didn't hear that. Q. Has he ever told you where he resides? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 12 Page 13 1 A. Again, I hate to ask you to accommodate me, 2 but if you could face me when you talk, it would be 3 a lot easier for me. 4 Q. Have you ever discussed with Jonathan O'Boyle 5 where he alleges to reside? 6 A. No, no. 7 Q. Okay. Have you ever seen Jonathan O'Boyle's 8 current Florida driver's license? 9 A. No. 10 Q. Okay. Are you aware that he has a Florida 11 driver's license? 12 A. No. 13 Q. Are you aware that he has a pilot license 14 that lists Gulf Stream, Florida as his residence 15 address? 16 A. No. 17 Q. Are you aware that -- 18 And how many cases has Jonathan O'Boyle 19 represented you pro hac vice? 20 A. I can't recall. 21 Q. Okay. Are you aware whether or not Mr. 22 Jonathan O'Boyle has represented to courts that he 23 represents that he resides in the State of New 24 Jersey? 25 A. Are we talking about settlement conference Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 M 5 6 7 M 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 here or are we going -- Q. I'm going into the nature of your communications with lawyers and whether or not they're going to be privileged or not and who you communicated with regarding this settlement conference. A. Okay. Thank you for the clarification. Q. It's pretty clear from pleadings that have been filed that the O'Boyle Law Firm is involved in the dissemination of the matters, so that's why I'm going there. A. I'm sorry, is that a statement or a question? MR. HANNA: Yeah. BY MR. SWEETAPPLE: Q. That's a statement. You asked me a question and I gave you a statement. And the reason -- MR. HANNA: Let's get into question and answer. BY MR. SWEETAPPLE: Q. Okay. I've answered your question for you. With regard to Mr. Jonathan O'Boyle, is it -- has he represented you ever in Pennsylvania? A. No. Q. Has he only represented you in Florida? A. Yes. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 14 Page 15 1 Q. In how many cases has he represented you in 2 Florida? 3 A. I can't recall how many cases he's given me 4 advice on or represented me. 5 Q. Okay. Let's start with -- let's start with, 6 how many cases has he appeared on your behalf in 7 Florida? 8 A. I can't recall. 9 Q. More than three? 10 A. Can't recall. 11 Q. Have you ever looked to see what he 12 represented to the court on your behalf was his 13 residence? 14 A. Have I ever looked to see? 15 I don't understand that question. 16 Q. Have you ever looked at anything he filed on 17 your behalf where he disclosed what his, what his 18 residence was? 19 A. I might have. 20 Q. Okay. Have you ever asked him where he 21 resides? 22 A. No. 23 Q. Okay. And how many times have you met with 24 Jonathan O'Boyle in Florida to discuss any legal 25 matter? 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. I couldn't possibly guess or know that answer. Q. Have you ever met with him at the O'Boyle Law Offices? A. There's a good possibility. I can't recall. Q. well, have you -- have you met with him more than once at the O'Boyle Law Offices? A. I can't recall if it ever happened. Q. Okay. So you consider Jonathan O'Boyle to be one of your lawyers, right? A. Yes. Q. Okay. And you're aware he's not a member of the Florida Bar? A. I'm sorry, say it again. Q. Are you aware he's not a member of the Florida Bar? A. Yes. Q. Have you ever asked him for advice regarding a pending Florida matter? A. Yes. But let me qualify that. I'm not sure what pending Florida matter actually means. You mean representing me? Q. Yeah, any of your cases against Gulf Stream, for instance. A. Yeah, he's represented me pro hac vice on one Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 16 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 them. Q. Okay. And what about on your public records request cases, have you -- has he ever represented you on any public records request cases? A. I don't recall that. Q. Okay. Have you ever paid any attorneys' fees to the O'Boyle Law Firm? A. Oh, yes. Q. You've written checks to the O'Boyle Law Firm? A. Oh, yes. Q. How much have you paid in fees to the O'Boyle Law Firm? A. I couldn't give you an exact number. Q. Okay. And are those checks made payable to the O'Boyle Law Firm? A. Yes. Q. And when did you first start paying moneys to the O'Boyle Law Firm? A. I seem to remember that when I first secured their services. Q. And when would that have been? A. A while ago. Q. Two years ago, a year ago, three years ago? Can you be more exact? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Pagc 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 A. Perhaps in 2013, 2014. Q. And are all the checks you've written to lawyers at the O'Boyle Law Firm been paid to the O'Boyle Law Firm, or have they been paid to individuals at the O'Boyle Law Firm? A. I didn't say I made any checks out to lawyers at the O'Boyle Law Firm. Q. Have you ever paid any money to Jonathan O'Boyle in the State of Florida for legal services? A. To the O'Boyle Law Firm. Q. But not to Jonathan O'Boyle? A. No. You asked me, and I said my checks were made out to the O'Boyle Law Firm. Q. All of them? A. Yes. Q. Okay. And what, what bank do you write those checks on? A. Used to be called Wachovia; now it's called Wells Fargo. Q. Okay. Is that the only checking account you use? A. No. Q. What other check -- Is that in just your name, the Wells Fargo account? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Pap 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 A. No. Q. It's your wife and you? A. Yes. Q. And what other checking accounts do you pay money to the O'Boyle Law Firm from? A. Just that one. Q. And is that law firm still representing you in cases? A. Yes. Q. Okay. Have you signed retainer agreements with that law firm? A. I'm sorry, signed what? Q. Have you signed retainer agreements? A. I have a contract to be represented. Q. How many retainer -- how many contracts, written contracts did you sign? A. With the O'Boyle Law Firm? Q. Uh -huh. A. Just one, I believe. Q. And when was that signed? A. When I engaged their services. Q. On, on which case, on a public records case or some other case? A. I think it's a blanket agreement. I'm not sure. 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 for all litigation? A. For the law firm's representation I have a single agreement. There is no others. Q. For all cases? A. I have a single agreement. Q. And does it cover all cases as far as you understand it? A. Well, it must, yes. Q. Okay. And does it provide for payment of fees based on a contingency? A. I don't recall that. Q. Is it hourly? MR. HANNA: All right -- THE WITNESS: I don't recall that. MR. HANNA: -- I'm going to instruct the witness not to answer any more inquiries about this. This isn't at issue. He's answered your question that he's represented by the O'Boyle Law Firm and as to the exact terms, if you guys want to admit liability in cases, then we can get into that stuff. BY MR. SWEETAPPLE: Q. And who signed the fee agreement for the O'Boyle Law Firm? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 20 Page 21 1 A. I would have. 2 Q. And who signed it for the O'Boyle Law Firm? 3 MR. HANNA: I'm going to instruct the 4 witness not to answer. 5 MR. SWEETAPPLE: Based on what? 6 MR. HANNA: On attorney - client 7 privilege. 8 MR. SWEETAPPLE: As to who, who at the 9 firm signed an agreement? 10 MR. HANNA: Bob, I made my objection. 11 I instructed the witness not to answer. 12 I'm not going to argue with you about it. 13 I'm not going to listen to speeches. 14 Nothing you say is going to change my mind 15 so ask the questions. 16 MR. SWEETAPPLE: All right. Go ahead 17 and just create a certificate of all of his 18 instructions. 19 (The preceding question was certified.) 20 BY MR. SWEETAPPLE: 21 Q. Anyone else at the O'Boyle Law Firm that you 22 have, that you consider to be your lawyer? 23 A. I've already answered that question. 24 Q. I have Mr. Taylor, Mr. Mesa, Mr. Jonathan 25 O'Boyle. Anyone else? What about Mr. Ring? 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. I can't recall at the moment. Q. Have you ever met with Mr. Ring to, to discuss any legal matter? A. That's two questions. Q. Have you ever met -- A. First question, I have met with Mr. Ring. I don't recall discussing any legal matters. Q. Have you ever met with him at the O'Boyle Law Firm? A. I believe I've seen him there. Q. Okay. How many times have you gone to the O'Boyle Law Firm physically? A. No idea. Q. More than a dozen? A. No idea. Q. And do you have a Day -Timer or have records of that? A. I handed all my Day- Timers over to you. I don't have those anymore. Q. You don't -- do you have a phone record or a computer record that would show, a calendar that would show meetings that you've had at the O'Boyle Law Firm? A. I don't think so. Q. When you have an appointment at the O'Boyle 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 Law Firm you don't have it noted somewhere permanently that you could go back and see? A. I don't think so. Q. Have you, have you ever put into a Day -Timer or other computer program a notation that you had an appointment at the O'Boyle Law Firm? MR. HANNA: I'm going to object and instruct the witness not to answer. MR. SWEETAPPLE: On what grounds? MR. HANNA: Attorney - client privilege. Also, it's beyond the scope of this deposition. We're here to find out about the matters alleged in your motion for relief under 44 -- I think it's -- 406? MR. SWEETAPPLE: And I'm trying to find out if he, if he met with Mr. Ring or Mr. O'Boyle who put information in a lawsuit that was clearly -- MR. HANNA: He's already testified that the O'Boyle Law Firm represents him in cases -- MR. SWEETAPPLE: But I want to know when he met and if he met -- MR. HANNA: All the lawyers in the O'Boyle Law Firm -- 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 MR. SWEETAPPLE: I'm not going to argue with you. I'll just move the court for, for relief. It's clear that I'm trying to take discovery regarding any meetings he had and records that he would have had of meetings at the O'Boyle Law Firm that would have related to the subject matter of the sanction lawsuit. MR. HANNA: And how does meeting with -- this confidential meeting occurred September 3rd, 2014. How does matters that occurred in 2013 and early 2014 have any, any relevance to this? MR. SWEETAPPLE: I asked him whether or not he keeps records now of any times he's gone to the O'Boyle Law Firm. I'm trying to find out if after this meeting -- MR. HANNA: Okay. MR. SWEETAPPLE: -- he went. And he's indicated to me that despite his prior testimony where he has all of his Day- Timers back 15 years, that now he has no records of when he's met at the O'Boyle Law Firm. So that's on the record, and we'll deal with your instruction and your Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 24 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 25 objection. MR. HANNA: Okay. MR. SWEETAPPLE: Okay. MR. ROEDER: Diatribe's on the record. MR. HANNA: Uh -huh. THE REPORTER: I'm sorry, I didn't hear you. MR. ROEDER: I said his diatribe's on the record. I don't know what he's going -- MR. SWEETAPPLE: We're going to have one attorney here speaking for the witness, and that, I think, is Mr. Hanna based on his conduct. BY MR. SWEETAPPLE: Q. All right. So do you recall appearing at a commission meeting in, in or about November of 2014? And I'm going to show you a copy of it. I've marked it as Exhibit 1, and I've bracketed the section that I'm focusing on. (Defendant's Exhibit No. 1 was marked for identification.) BY MR. SWEETAPPLE: Q. Take a look at that and see if it refreshes your recollection as to attending a meeting on 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 November 14, 2014 at the Town of Gulf Stream. A. May I ask is this from the official minutes of the meeting? Q. It was provided to me by the town. I, I can't speak to anything beyond that. A. But you wish me to comment on -- Q. I'm going to ask you questions about what you're alleged to have said to see if you remember saying it or just deny saying it. A. Oh, okay. I don't need this then. I can remember what I said. Q. Okay. You said on November 14, 2014, and this is what the record shows: I have not -- "I have been warned by Mayor Morgan through his attorney, who used to be my attorney, that I must withdraw all of my complaints or be drawn into a long and expensive RICO lawsuit." Do you recall saying that? A. I remember something to that effect. Q. Okay. Had you spoken to me prior to November 14, 2014 about any, any RICO lawsuit? A. I spoke to you through my attorneys, which I think is what I'm required to do. Q. Okay. You said you were warned by Mayor Morgan through his attorney, who used to be my 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 Page 27 attorney. Were you referring to me? A. Oh, sure, Bob. Q. So you admit that on November 14, 2014 when you made that statement you had not discussed anything regarding the RICO lawsuit with me, right? A. I'm sorry, I'm not following your question. Q. You admit that on November 14, 2014 that you made the statement, "I have been warned by Mayor Morgan through his attorney, who used to be my attorney, that I must withdraw all of my complaints or be drawn into a long and expensive RICO lawsuit." You admit you made that statement, right? A. I admit that I made a statement along those sentiments. Q. Okay. And you also admit that at the time you made that statement you were making it based on something an attorney had said to you, correct? MR. HANNA: Okay. I'm going to interject. I want to get one thing clear on the record for -- Chris had a concern. If you ask him a question and you elicit what happened in that confidentiality agreement, you're agreeing that you're not going to add that to your motion that he's disclosing materials from the 09/03 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 i 15 16 17 19 20 21 22 23 24 25 meeting. MR. SWEETAPPLE: Okay. I'm talking about November 14, 2014 right now. MR. HANNA: I'm talking about if you ask him a question -- MR. SWEETAPPLE: Do you have an objection and an instruction? MR. HANNA: I'm asking for clarification for purpose of my witness, for my client to find out whether he can answer these questions or not. You asked him if he ever discussed anything directly with you. You and I both know when that happened, and if he answers the question, we don't want it to appear in an addendum to your motion that he somehow disclosed this in his deposition. MR. SWEETAPPLE: I think the law is pretty clear on what your privileges and rights are with regard to what you do in a deposition. I don't need to provide you with that law; you should know it. I'm now inquiring about a November 14, 2014 meeting -- MR. HANNA: Uh -huh. 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 MR. SWEETAPPLE: -- and I haven't yet got to the meeting that was subject to the mediation agreement. I'm now just talking about his representation to the Town of Gulf Stream that Mayor Morgan, through me, warned him of something. And I'm trying to ascertain that it was in fact something he decided to publish that was told to him by his attorney, not by me. So let me continue, please, to try to make a record because -- MR. HANNA: Your question said you had no direct communication with you. That's what you had asked him. MR. SWEETAPPLE: Okay. Would you please read back my last question to the witness for Mr. Hanna? (A portion of the record was read by the court reporter.) THE WITNESS: Again, the exact statement I don't think is exactly what's written there, but the statement I made was information that I had gotten, which I believe is privileged, but I'll comment on that particular thing. I had gotten that Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 �l 20 21 22 23 24 25 Page 30 information from my attorney. BY MR. SWEETAPPLE: Q. Okay. And that's -- not from me. I never -- prior to November 14, 2014, I had not discussed these cases with you, had I? A. Well, again, I'm not allowed to talk to you. And through my attorney, who I believe is under candor of duty -- duty of candor rather to be honest, if he tells me he spoke to you then I believe him when he tells me it came from you. Q. Right. And you decided to go ahead and publish what he said to you to the entire world, thus, waiving the attorney - client privilege, correct? A. I'm sorry, waiving what? Q. Well, whatever Mr. Hanna told you would have been confidential but for the fact you decided to tell the whole world what you say he said, right? You went to this meeting -- let me rephrase it. You went to this meeting and you told everybody what you say Mr. Hanna told you, right? A. Well, that was common knowledge by that time. Q. How was it common knowledge? A. More than -- I believe Mr. Hanna had shared that with a number of people, so I didn't consider Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that particular statement to be privileged. Q. So what did Mr. Hanna say to you exactly that you were trying to relate to the Town of Gulf Stream? MR. HANNA: I'm going to object and instruct the witness not to answer. THE WITNESS: Yeah, that's privileged. MR. SWEETAPPLE: Okay. BY MR. SWEETAPPLE: Q. Did Mr. Hanna tell you that you must withdraw all of your complaints or be drawn into a long and expensive RICO lawsuit? A. Again, that would be -- I have to think about that. Q. Let me lay a predicate. In Exhibit 1, the quote, "I must withdraw all of my complaints or be drawn into a long and expensive RICO lawsuit ", you published that to the public. Who made that statement to you that you published? Was it Mr. Hanna? MR. HANNA: Okay. I'm going to object again, because you're getting into the contents of the 09/03 meeting. You know what happened in that meeting, who was there and who made statements and you're Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 E�7 19 20 21 22 23 24 25 Page 32 asking him to divulge -- that he could possibly reveal information in the 09/03 meeting. MR. SWEETAPPLE: Okay. Let me be real basic for you, because apparently it's alluding your attorney. I'll say for the fourth time, I'm now talking about November 14, 2014. I'm not talking about anything that happened with regard to the settlement conference. MR. HANNA: You're asking him where he -- when he heard this statement, did it come from me, where it came from. That's not limited to just the November 14th meeting. BY MR. SWEETAPPLE: Q. All right. Let me do it this way. Prior to -- prior to November 14, 2014, and separate and apart from anything that occurred at a settlement conference on September 3, 2014 -- strike that. Let's do it this way. Prior to September 3rd, 2014, did you ever say to anyone that anyone from the town, including their attorneys, had told you that you have to withdraw all of your complaints or be drawn into a 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 33 long and expensive RICO lawsuit? A. You know, now that I've had a chance to think about it, I seem to remember that I did hear this directly from you. Q. Okay. Other than at a confidential settlement conference that took place on September 3rd, 19 -- 2014, have you ever said to anyone -- have you ever told anyone, in writing or orally, that the town had indicated that if you did not withdraw all of your complaints, you would be drawn into a long and expensive RICO lawsuit? A. Yes. Q. Okay. Who have you made that statement to other than -- other than the Exhibit 1, who else have you made that statement to? A. A group of people. Q. Okay. Who have you made -- tell me who you've made that statement to. A. I remember it was Joanne O'Connor, Robert Sweetapple, I believe Mark Hanna might have been there. I think a secretary of yours might have been behind me, and I reiterated what you had just said to me in your office. Q. Okay. Other than the September 3, 2014 -- A. I'm not talking about September 3. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 7 5 6 7 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Okay. What date are you talking about? A. I believe it was in the anteroom inside your front door on the occasion of a break during a deposition. Q. What deposition? A. I don't recall that. Q. Do you recall the date? A. I have to confess, I've been to your office to be deposed so many times, I can't recall. Q. How many times have you been to my office to be deposed? A. It seems like forever. I hate it there. Q. Well, how many times have you been there to be deposed? A. Maybe not to be deposed, but I've been in your office enough -- more frequently than I'd like and I remember that on one of those occasions. Q. Well, how many times have you been deposed at my office? A. Like I just said, I don't recall. Q. Isn't the fact that the answer's zero? A. It might have been in your deposition. I'm sorry, deposing you. Q. Okay. Well, you came to that voluntarily, right? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 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 Page 35 A. Oh, yes, I was there voluntarily. Q. Okay. A. Well, I have a vested interest. Q. And you came to the settlement conference on September 3rd, 2014 voluntarily, right? A. Yeah. Nobody put a gun to my head. Q. And you decided which attorneys to bring with you, right? A. I'm sorry? Q. You decided which of your attorneys to bring with you to the settlement conference? A. Oh, absolutely. Q. Okay. A. Based on the information I was given before the conference. Q. Okay. And let me go back to my question. Separate from your statement that something was discussed at a -- in the outside of the conference room in my office, who else have you made statements to that there was a demand made of you that you have to withdraw all of your complaints or be drawn into a long and expensive RICO lawsuit? A. That would be everybody in the commission chambers on November. Q. Okay. And before that who did -- 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 36 Did you talk to Mr. O'Boyle before that about that topic? I'm talking about Martin O'Boyle. A. No. Jonathan O'Boyle but maybe. I can't recall that exactly. Q. Do you remember whether or not you ever spoke with Mr. Martin O'Boyle about any alleged settlement conference -- let me do it this way. Did -- did -- without telling me the content, did Mr. Hanna ever relate to you that there was an attempt to discuss settlement between he, Joanne O'Connor and me prior to, prior to September of 2014? MR. HANNA: Don't answer -- THE WITNESS: Anything Mark would have said to me would have been privileged. MR. HANNA: -- that's privilege. BY MR. SWEETAPPLE: Q. No, I don't want you to tell me the content. I just want to know whether or not you were ever aware that Mr. Hanna, Miss O'Connor and I met. And in fact, you've already testified to it and Mr. Hanna's already offered it in the transcript of the hearing before Judge Blanc so... MR. HANNA: You're still asking him to divulge the content of it. 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 37 MR. SWEETAPPLE: No, I don't -- MR. HANNA: If you want to ask him whether he knew a meeting occurred, that's fine. BY MR. SWEETAPPLE: Q. Were you aware a meeting occurred between Mr. Hanna, Miss O'Connor and me where -- prior to the September 3rd, 2014 meeting? A. Was I aware that you were meeting occasionally? Q. Or had met? A. A specific meeting or just meetings in general? Q. A specific meeting at Joanne's office. Did you ever become aware that such a meeting occurred? A. Didn't know where it was. Q. Okay. Were you aware there was a meeting, one meeting between Mr. Hanna, Joanne and myself? A. I expect that my attorneys met with you and your attorneys. Q. Okay. And have you ever e- mailed or spoken to Martin O'Boyle with regard to any matters that your attorney, Mr. Hanna, has told you? A. I think I mentioned to Marty once that Mark's daughter had been on vacation somewhere and that you 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 38 were spying on her. But I can't recall anything else I might have talked to him about. Q. Okay. So you think you told Marty O'Boyle that Mark's daughter was on vacation somewhere and I was spying on her? A. I seem to recall something like that. Q. Okay. And that was something that Mr. Hanna told you? MR. HANNA: Objection. Don't answer the question. MR. SWEETAPPLE: Well, if you repeated it to a third party, it wasn't made with the intention of being confidential. BY MR. SWEETAPPLE: Q. Was that something Mr. Hanna -- were you repeating something Mr. Hanna had said to you? A. I can't recall where I got that information. Q. Okay. And is there any, are there any -- Have you ever met with Mr. Hanna when Martin O'Boyle was present? A. Yes. Q. Okay. How many times have you met with Mr. Hanna where Martin O'Boyle was present? A. One that I recall. Q. And when was that? 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. That would be in 2013 sometime. Q. Okay. Was that at Mr. Hanna's office? A. No. Q. Do you know if Mr. O'Boyle, Martin O'Boyle has hired Mr. Hanna for any legal matters? A. No. Q. Did you consider Martin O'Boyle to be a client of Mr. Hanna when you met with Mr. Hanna and yourself and Mr. O'Boyle? A. It wasn't really a meeting. It was just an encounter. But no, I did not. Q. Okay. Other than that one encounter, have you ever been on any conversations with Mr. Hanna and Martin O'Boyle where you've discussed any legal matter? A. No. Q. Have you ever e- mailed to Martin O'Boyle any information that you obtained from Mr. Hanna? A. No. Q. Who have you had discussions with personally with regard to any allegations regarding anything that happened at a settlement conference concerning you and the Town of Gulf Stream? A. I'm sorry, I was thinking of something else. Say it again. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 39 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 40 Q. With regard to -- without telling me the content, with regard to any settlement conference that occurred between you and /or your attorneys and the Town of Gulf Stream in the last year, can you tell me the names of everyone you have communicated with concerning that topic? MR. HANNA: I'm going to object to the form. THE WITNESS: You're asking me conversations I had with my attorneys that -- about the September 3rd meeting, who I might have spoken to that about? BY MR. SWEETAPPLE: Q. Any settlement conference that you allege occurred with regard to the Town of Gulf Stream that you've spoken to third parties about or written to third parties about, who would those people be? MR. HANNA: I'm going to object to the THE WITNESS: That I allege occurred? I'm not clear. BY MR. SWEETAPPLE: Q. Well, if you say -- I want to know anybody. You're saying in Exhibit 1 you say this is what occurred; that this statement was made. I want to 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 know any individuals you talked to where you said there was a settlement conference, this is what was said. MR. HANNA: I'm going to object to form. THE WITNESS: I understand now. BY MR. SWEETAPPLE: Q. Okay. A. I'm sorry, I was just trying to -- your questions are a bit complicated. Q. Okay. A. This is not in reference to a settlement conference. This exhibit is a statement paraphrasing a statement I made to the commission, and it was not about the settlement conference. And but to answer the additional part of your question, the answer's no, no one. Q. No one else? A. No one. Q. Never spoke to your wife, you never spoke to any of your friends, you never spoke to Mr. Martin O'Boyle about any of -- never made any statements to Mr. O'Boyle or Mr. Ring or anybody? MR. HANNA: I'm going to object to the question and instruct the witness not to Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 r 11 12 13 14 15 16 17 19 20 21 22 23 24 25 Page 42 answer or divulge any information he's shared with his wife. BY MR. SWEETAPPLE: Q. The basis, you say the basis of your statement on Exhibit 1 was not a reference to the settlement conference. A. Absolutely not. Q. What was this a reference to? I mean, this was not, you said, the September settlement conference. Which was this statement a reference to? A. Knowledge that I had prior to September 3rd. Q. And how did you get that knowledge? A. I can't recall exactly. Q. Did it come from Mr. Hanna? A. That would be privileged. Q. No, it wouldn't. You're not here to make a legal objection. If you published it -- if you published this information based on something your lawyer said, it was not made with the expectation of confidentiality and it's waived. MR. HANNA: And also it could have come from the October meeting when Morgan told the entire commission about the RICO 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 threat. MR. SWEETAPPLE: Well, that's not -- that's not privileged. MR. HANNA: Exactly. MR. SWEETAPPLE: So I'm asking him -- you're making a speaking objection where you're coaching the witness now. MR. HANNA: I'm not coaching the witness. MR. SWEETAPPLE: Yes, you are. You just gave him another potential answer to a question. THE WITNESS: I'm sorry -- MR. SWEETAPPLE: Mark that. Mark that, please, because I'm going to be moving for sanctions on that as well. I'll ask you the question again. I'll ask you the question again. (The preceding question was certified.) THE WITNESS: Okay. But first I have to qualify. I had not heard what he said. I'm looking at you, and I can't hear him. BY MR. SWEETAPPLE: Q. Okay. Can -- You've told me that the statement that you Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 43 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 have acknowledged in some form was made by you on November 14, 2014 was not a reference to the September 3rd, September 3rd, 2014 settlement conference, correct? A. I stand by my previous answer. Q. What -- what was it a reference to? A. Information that I had. Q. And what -- what setting were you referring to where you say, "I have been warned by Mayor Morgan through his attorney, who used to be my attorney, that I must withdraw all of my complaints or be drawn into a long and expensive RICO lawsuit "? A. I'm sorry, what was the question? Q. If you weren't referring to the September 3rd, 2014 settlement conference, what were you referring to? A. Information I had. Q. That you got from whom? A. I have to back up, because I'm having problems understanding how to answer your question as forthright as possible. And I know I've made record requests, for instance, for your billing records where you have redacted any dates of meetings, who was at the meeting, and I'm using that as my guide as to what is possibly privileged. And 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 based on that, my experience with these public record requests, I'm guessing that what I might answer is privileged. So I'm not sure how to answer it. Q. Well, the way I would recommend you answer it is you have an attorney here and you let him make objections, okay, and that's why he's here. And the law from my perspective -- may be different from the law from his perspective -- but the law from my perspective is that if an attorney says something to you and you repeat it to a third party, you waive the privilege. If an attorney says something to you with the expectation it be repeated to someone else, there's no contemplated privilege, all right? But that's just legal subtleties. You can take a break if you need a break at any time. I'm happy to let you take a break and you can go confer with Mr. Hanna and you can ask him whether or not you have a privilege, because I intend, based on the privileges that have already been asserted, to move to compel you to come back and to move for an award of attorneys' fees. So I don't want you to answer a question without the opportunity to speak to Mr. Hanna. If you'd like to speak to Mr. Hanna about whether or 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 46 not something that he told you that you then published to the entire world is privileged, then go have that conversation with him. If not, please answer my question. A. Okay. MR. HANNA: Let's take a break. THE WITNESS: I'll take that under advisement and ask you to ask the question again. MR. HANNA: Something you tell me is privileged to begin with so... THE VIDEOGRAPHER: Time is 11:08; we're going off record. (A short break was taken.) THE VIDEOGRAPHER: Time is 11:19; we are back on record. BY MR. SWEETAPPLE: Q. Okay. Have you had a chance to speak with your attorney? A. Yes and I apologize for any delay it might have caused, my misunderstanding of the privilege rule, and I'm ready to answer your question if you wouldn't mind asking it again. Q. All right. Have you repeated any statements that Mr. Hanna has made to you regarding an alleged 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 47 settlement conference that occurred between he, Joanne O'Connor and me to any third parties? A. No. Q. You haven't? A. Oh, I'm sorry. You say settlement conference. I keep thinking of the September 3rd confidential conference, but you mean any settlement conference in general. Q. Right. That you weren't even present at, something he told you. A. Then I believe the answer would be yes. Q. Okay. Who have you -- Who have you spoken to or e- mailed or written with regard to any alleged settlement conference that Mr. Hanna related to you? MR. HANNA: I'm going to object to the form. THE WITNESS: Nobody. I'm sorry, you said e -mail. Did you say spoke to as well? BY MR. SWEETAPPLE: Q. Yeah, any communication. Any written communication, any speech, any e- mails, any -- any writing at all by you. Who have you communicated to regarding anything that Mr. Hanna told you occurred with regard to any meetings that he had with me or 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 48 Joanne O'Connor, other than what you've told to another attorney? MR. HANNA: Object to form. THE WITNESS: Again, you're saying writing or communication, both? BY MR. SWEETAPPLE: Q. In any form, oral, written. A. Right. That would be the town commission. Q. Anyone else? A. Not that I recall. Q. Okay. You never told Mr. Martin O'Boyle? A. I'm sorry, told him what? Q. Anything that was alleged to have been said in a settlement conference that involved me. A. Again, I'm not quite sure if the conferences were settlement, scheduling, what the context of the conference was. But no, I haven't told Mr. O'Boyle about anything about you. Q. Okay. And is Mr. DeScuza one of your attorneys? A. No. Q. Have you seen a federal complaint that Mr. Martin O'Boyle filed against me and Mayor Morgan that -- Have you seen that complaint? 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. In its entirety? No. Q. Have you seen any of it? A. I believe I saw excerpts of it. Q. Have you seen Mr. O'Boyle's answers to interrogatories concerning, concerning the allegations that statements were made in a settlement conference with Mr. Hanna? A. What's an interrogatory? Q. It's a question, a written question. A. Have I seen any written questions to Mr. O'Boyle? Q. Where he answered and indicated that Mr. Hanna is a witness to things that were said at a settlement conference? A. I can't recall that. Q. Okay. Have you ever written or said in any forum or context that I extorted you? A. That you what? Q. Extorted you. A. Extorted me. Have I seen -- Q. Have you ever said or written that I extorted you? A. Have I said or written or have I heard someone else say? Q. No, just you. Have you ever said or written Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 49 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 50 that I extorted you? A. I don't think so. Q. Do you know what extortion is? A. Yes. But I think the extortion I might have referenced was on behalf -- on the part of the town. However, by extension, I suppose that would be you as well. Q. So have you ever said to anyone, "the Town extorted you "? A. I think I recall, cause I know I felt that way. Q. Okay. So who have you ever said, "the town extorted you "? A. I think I said that at a commission meeting, I think. Q. Anywhere else? A. Not that I can recall. Q. And have you ever said that I extorted you, or have you ever written that? MR. HANNA: Object to form. THE WITNESS: As a representative of the town or you mean personally? BY MR. SWEETAPPLE: Q. Just me individually, that I extorted. Have you ever said that, "Robert Sweetapple extorted me "? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 that. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. HANNA: Objection. THE WITNESS: No. I don't remember BY MR. SWEETAPPLE: Q. You've never written that? A. I don't recall writing that you personally, outside the town, extorted me. Q. Okay. Have you ever said that I engaged in extortion? MR. HANNA: Objection. asked and answered. THE WITNESS: I don't recall that. If you have something, I'd be happy to look at it. BY MR. SWEETAPPLE: Q. You've never said that Mr. Sweetapple attempted -- MR. SWEETAPPLE: Let's take a recess here. Somebody's trying to come in. THE VIDEOGRAPHER: Time is 11:24; we're going off record. (A short break was taken.) THE VIDEOGRAPHER: Time is 11:25; we're back on record. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 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 BY MR. SWEETAPPLE: Q. Did you ever -- have you ever written that, "Mr. Sweetapple attempted to extort me "? A. Yeah, in that narrow context, I don't recall that. Q. Uh -huh. Do you -- do you maintain that I somehow have extorted you on behalf of the town? A. Oh, you mean representing the town? Q. Yeah. A. So the town's extorting me and you're representing me. I might have said that. Q. To who? A. I think I said that at a commission meeting. Q. Okay. And are you aware that extortion is a crime? A. I imagine certain contexts it is. Q. It's a felony. You're aware of that, aren't you? A. Is it? In all cases? Q. Are you aware that extortion is a felony in the State of Florida? A. No, didn't know that. Q. Well, again you have accused me in writing of extortion, haven't you? A. You personally? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 52 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 53 Q. Uh -huh. A. I don't recall that. Q. You've actually said that, "I believe that Mr. Sweetapple's attempts to extort me by demanding that I drop all my cases against the town ", dot dot dot. A. I don't remember saying dot, dot, dot. Q. Well, that's exact quote of what you wrote, correct? You've written that I attempted to extort you? A. Well, that would be like the royal we. You know, if I said you, I meant the Town. Q. No, you said, "I believe that Mr. Sweetapple's attempts to extort me," is what you said. You wrote that, right? A. Perhaps for an economy of verbiage. I meant the Town. Q. Well, you filed a Bar complaint against me, not against the town, right? A. Oh, you're talking about a Bar complaint. Q. I'm talking about any writing. Didn't you file a Bar complaint against me? A. Oh, yes. Q. Okay. And that wasn't against the town, right? 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 MR. HANNA: I'm going to instruct the witness not to discuss anything to do with the Bar complaint. That's not what we're here for. We're here for information that happened after 09/03 meeting and your allegations that Mr. O'Hare, me or Mr. Roeder disclosed the contents of the 09/03 meeting. MR. SWEETAPPLE: And I'm alleging he did it to the Florida Bar illegally, and I can waive confidentiality on that. MR. ROEDER: Are you really comfortable with that, Mr. Sweetapple? MR. SWEETAPPLE: Absolutely -- MR. ROEDER: Okay. On the record, you're comfortable with that you're doing? MR. SWEETAPPLE: -- I can waive confidentiality, absolutely. I have a legal opinion to that affect. MR. ROEDER: Not only that -- MR. HANNA: Okay. BY MR. SWEETAPPLE: Q. And I want to know -- I want to know who else you've told that I extorted you, Mr. O'Hare. MR. ROEDER: Are we beyond the scope of Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 54 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 this deposition? MR. HANNA: We've already talked about that. You want to move on. Nothing about the Bar complaint. BY MR. SWEETAPPLE: Q. You have -- MR. HANNA: Certify that for him. (The question was certified.) BY MR. SWEETAPPLE: Q. Have you told anybody that as a result of my representation of the Town of Gulf Stream that I attempted to extort you? MR. HANNA: Objection, asked and answered. THE WITNESS: No. I prepared for this meeting thinking we were going to talk about a confidential meeting, but I wasn't prepared to that. I haven't racked my brain trying to remember those things, and at the moment, I can't recall. BY MR. SWEETAPPLE: Q. Well, you -- well, you -- you were very upset over any -- you've expressed repeatedly, including on November 14, 2014, the fact that you're upset because the town, you say, demanded that you Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 55 1 2 3 M 5 6 7 M 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 56 withdraw all your complaints or be drawn into a long and expensive RICO lawsuit. A. That was upsetting. Q. Right. And you thought that the town was extorting you when they did that, right? A. It seemed like a quid pro quo to me. Q. So you think that whenever you're involved in litigation if one side suggests that in order for them to settle their claims against you, whether they've been brought or not, you have to settle your claims against them, that that's extortion? MR. HANNA: Object to form. THE WITNESS: Well, I believe that state statute prohibits a public agency from slapping someone with a suit that supposedly is about damage to the town when in reality it is an effort to get the town, get the person like me to dismiss their claims. BY MR. SWEETAPPLE: Q. Uh -huh. And you think that's, that there's a -- there's a statute that calls that extortion? A. Oh, I don't know anything about that. Q. Okay. Don't you recognize that at settlement conferences every day in every town in America 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 57 people demand dismissals of lawsuits in exchange for not bringing claims and that that's not extortion? That's what's done. That's what's done at settlement conferences, Mr. O'Hare, don't you realize that? MR. HANNA: I'm going to object, counsel's testifying. But isn't that the basis of your lawsuit against the O'Boyle Law Firm? BY MR. SWEETAPPLE: Q. Sir, are you aware -- are you aware that at settlement conferences routinely parties demand that claims against them be dismissed and threaten to file lawsuits if, if the other party doesn't dismiss their lawsuits? A. Well, I don't have the benefit of your education or experience. I'm not a lawyer; however, in my opinion, when an attorney like Mr. Gerald Richman comes to a town meeting and says, we're going to file this lawsuit, this RICO lawsuit and it's going to make all those other complaints go away, to me that sounds like extortion. Q. And you think Mr. Richman said that, that we're going to file this RICO case and that's going to make all these other cases go away? 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 11M 20 21 22 23 24 25 MR. HANNA: Object to form, mischaracterization. THE WITNESS: I might be -- might be paraphrasing, but that was what I understood when I sat in that meeting and heard Mr. Morgan and Mr. Richman talk about how this is going to solve the town's problems and we're going to teach those guys a lesson. Sounds like extortion to me. BY MR. SWEETAPPLE: Q. So you believe the town is extorting you, Mr. Richman's extorting you and I'm extorting you, right, because we, because we -- strike that. You believe the town is extorting you, right? A. Well, you asked the question, but you're sort of implying that I'm a paranoid and I'm not. I don't believe everybody in the world is out to extort me. MR. HANNA: Bob, move on to the questions about revealing the contents of the 09/03 meeting. We're not here about you trying to set up a defamation case against Chris or the Bar complaint or any of this other subject matters. We have Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 58 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 topics you know that we discussed in the 09/03 meeting. Ask the questions about that, and we'll be happy to stay. MR. SWEETAPPLE: Mr. Hanna, I can respectfully tell you that I don't need you to tell me how to take a deposition, and right now I'm attempting to establish motive for his -- for his publications to show that he did publish this information because he believes that it's extortion and in order to establish motive, I'm asking him about writings that he has actually published. I'm asking him about statements he's made to third parties, and I'm allowed to develop motive as part of my claim that he intentionally breached a confidentiality mediation agreement. And I'm going to continue to try to establish motive in this deposition. And I'd appreciate it if you don't instruct me on how, on how to do my job. Just object and make an instruction. Object and keep instructing him not to answer if you're comfortable with that, and I will be moving for fees and to bring him back. I've told you I'm trying to Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 59 Page 60 1 establish motive. If you don't understand 2 that, just give him your instruction and 3 we'll be back here. 4 MR. ROEDER: He didn't allege motive in 5 his motion. 6 MR. HANNA: No. 7 MR. SWEETAPPLE: You don't have to 8 allege motive. Mr. Roeder, okay, I've 9 alleged there's a contempt. When I go to 10 prove contempt, I prove motive. 11 MR. HANNA: Are we on the record? 12 MR. SWEETAPPLE: I prove intentional 13 conduct. I don't have to allege the 14 elements of contempt. 15 MR. HANNA: Okay. Move on with your 16 questions. 17 MR. SWEETAPPLE: Please read back my 18 question. 19 THE REPORTER: It's gonna take me a 20 second to find it. 21 MR. SWEETAPPLE: I'll do it for you. 22 BY MR. SWEETAPPLE: 23 Q. The fact is that you believe that Mr. Richman 24 is extorting you with a RICO case, right? 25 MR. HANNA: Object to form. 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 61 THE WITNESS: I feel that the town, if not extorting me, comes close to it. BY MR. SWEETAPPLE: Q. Okay. And you have stated you believe that I'm extorting you because I have demanded that you dismiss all of your cases or be brought into a RICO case? MR. HANNA: Object to form. THE WITNESS: Are you asking me to confirm a quote? BY MR. SWEETAPPLE: Q. No. I'm saying -- let me rephrase it. You believe I'm extorting you, right? A. Again, is that from the Bar complaint that you're referencing? Q. I'm saying your belief. You believe I'm extorting you. A. Yeah, I have a lot of beliefs, but they're not necessarily factual statements appropriate for a deposition. But yeah, I believe a lot of things. Q. Okay. And you believe when you left the settlement conference, on November 3, 2014, you believed that Mr. Morgan was extorting you, right? MR. ROEDER: Excuse me. November 3 is misstated. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 M 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. SWEETAPPLE: September 3. THE WITNESS: I'm sorry, I didn't hear that. MR. ROEDER: You said November 3. MR. SWEETAPPLE: September 3 is what I thought I said. MR. ROEDER: And -- MR. SWEETAPPLE: Okay. But Mr. Hanna is making the objections at this deposition, Mr. Roeder. MR. ROEDER: If I want to make objections at this deposition -- MR. SWEETAPPLE: You can't. MR. ROEDER: -- take it up with the judge. MR. SWEETAPPLE: You can't. Okay, I'm going to suspend the deposition if you continue to speak, Mr. Roeder. MR. HANNA: Everybody move on to the question. Can you repeat the question? MR. SWEETAPPLE: Let me rephrase it. BY MR. SWEETAPPLE: Q. Mr. Hanna, when you left -- or during the September 3rd, 2014 settlement conference, did you believe the town was extorting you? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 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 Page 63 A. September 3, when I left the settlement conference -- Q. Or during the conference, did you believe the town was extorting you? A. There was -- there was a moment in that conference where I felt completely different than the way I did coming into the conference. That's the moment when I thought you no longer were seeking to mediate but rather were an advocate for the town. That's what spurred my disqualification motion, and I felt a lot of things about the town that I hadn't felt at the beginning of that meeting. Q. And your answer is -- your answer to my question is, did you ever form an opinion or a conclusion that you were being extorted at the settlement meeting? A. I felt after -- well, I can't comment on the content of the meeting, but I felt bad at the end of that meeting. Q. But you have contented [sic] in writing on the content of that meeting? A. No, I have not. Q. You haven't. MR. M. O'BOYLE: Excuse me, my name is Martin O'Boyle. I'm going to leave. While 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 here I was served -- MR. SWEETAPPLE: You don't have to -- Mr. O'Boyle, we're having a deposition, Mr. O'Boyle. MR. M. O'BOYLE: While here I was served with a subpoena. MR. SWEETAPPLE: I'm going to suspend this deposition, Mr. O'Boyle. MR. O'BOYLE: While here I was served a subpoena -- MR. SWEETAPPLE: Mr. O'Boyle. MR. M. O'BOYLE: What? MR. SWEETAPPLE: We're having a deposition, Mr. O'Boyle. MR. M. O'BOYLE: You don't yell at me, pal. MR. SWEETAPPLE: Listen, we're having a deposition. MR. O'BOYLE: You don't talk to me like that, you understand? MR. SWEETAPPLE: We're having a deposition. Please be quiet. MR. M. O'BOYLE: I understand. And all I want to do -- MR. SWEETAPPLE: Do not talk. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 64 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 MR. M. O'BOYLE: I'm going to. MR. SWEETAPPLE: You don't have a right to talk. MR. M. O'BOYLE: I understand. MR. SWEETAPPLE: Leave the room or be quiet, please. MR. HANNA: Okay. Everybody calm down. MR. M. O'BOYLE: Punch me and throw me out, pal. MR. SWEETAPPLE: Mr. O'Boyle, please sit down. We're in a legal proceeding. MR. M. O'BOYLE: I agree. All I want to do -- MR. SWEETAPPLE: Mr. O'Boyle, I'm suspending the deposition. I'm going to be asking for sanctions against Mr. O'Boyle and Mr. Hanna. MR. M. O'BOYLE: If I may -- MR. SWEETAPPLE: Okay, please. We're off the record now. MR. HANNA: No, we're on the record still. MR. SWEETAPPLE: We're off the record. MR. HANNA: I want to keep this on the record, because we're sitting here. Mr. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 65 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 is sitting here, his attorneys are sitting here. MR. SWEETAPPLE: I'm paying for this record. The deposition is concluded. I'm moving to suspend. Thank you, I'll be filing an emergency motion with Judge Blanc. This is ridiculous. We're out of here. MR. HANNA: We're here. We're waiting here and we're -- MR. SWEETAPPLE: No. I'm not going to put up with this -- I'm not going to put up with this kind of conduct. MR. HANNA: Okay. You have Mr. Roeder's deposition, too. THE WITNESS: I don't see why I should be penalized for somebody else. I'm here, I'm willing to answer questions. MR. M. O'BOYLE: Okay, I'm leaving. THE WITNESS: So the adversary is leaving. MR. SWEETAPPLE: I'm going to be filing a motion. You'll be getting it. Have a good day, people. MR. HANNA: So what about Roeder Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 66 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 deposition? What about my deposition? THE WITNESS: So, Bob, we're all here. We can't finish this? MR. SWEETAPPLE: I'm going to suspend these proceedings because of this conduct. I'd like that video expedited, please, of Mr. O'Boyle coming up to me during the deposition and acting in that manner. THE WITNESS: Jesus. MS. HANNA: Why didn't you ask him to leave in the beginning? MR. SWEETAPPLE: Pardon? MS. HANNA: Why didn't you kick him out in the beginning? MR. SWEETAPPLE: He has a right to be here under Florida law. MS. HANNA: No, he doesn't. MR. SWEETAPPLE: Read the Florida -- MS. HANNA: I have. I know the law and you are wrong. MR. SWEETAPPLE: I've read the law. You can -- MS. HANNA: It has nothing to do with Mr. O'Hare, it has nothing to do with Mr. Hanna, it has nothing to do with Mr. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 67 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 Roeder. You're pitching a fit right now and it's uncalled for and I'm sure the judge will be happy to hear it and see your -- MR. SWEETAPPLE: First of all, I have argued it and briefed it and there's a Florida Bar article -- MS. HANNA: Oh, I'm sure you have. I've read all of your multiple -- MR. SWEETAPPLE: -- proceedings in depositions are open to the public unless you get a protective order beforehand. MS. HANNA: I think you misunderstood the law. MR. SWEETAPPLE: No, I don't misunderstand the law. MR. ROEDER: Can I just ask a clarification question? MR. SWEETAPPLE: Okay. MR. ROEDER: You -- MR. SWEETAPPLE: I'm suspending all these depositions. MR. ROEDER: All the depositions. MS. HANNA: Even Mr. Hanna's deposition? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 68 1 2 3 4 5 6 7 M 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 MR. ROEDER: And my deposition, you're suspending all of it. MR. HANNA: We're here. We're ready to testify, Bob. You can sit down and continue these things. I'm here. I'm ready to come for my one o'clock deposition. Mr. Roeder's here for his eleven o'clock deposition. You're going to terminate all these things, because of some outburst of a nonparty. MR. SWEETAPPLE: Yeah, but just move for sanctions separately. He can come in here any time and do it again; that's the problem. THE WITNESS: Bob, I have a business to run. This is really hurting me to give up my business time, and now for no reason you want to bring me here again? MR. SWEETAPPLE: You've decided to bring these lawsuits. THE WITNESS: And that's my right to do. Now you're penalizing me. You're doing nothing but abusing me, cause I should be at work now. MR. SWEETAPPLE: Okay. Well -- Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 69 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 WITNESS: I should be trying to support my family, and I'd like to be here and answer your questions. MR. HANNA: Are we continuing? MR. SWEETAPPLE: We're going to go back on the record. I'm going to attempt to take this deposition without the outrageous outbursts that interfere with it and without the continued, hopefully, baseless objections. MR. ROEDER: Oh, come on. THE WITNESS: Okay. Can you repeat the question? Are we back on the record? I'm sorry, I don't remember your question. THE REPORTER: Just to verify, we were never off. MR. ROEDER: Okay, thank you. MR. HANNA: Thank you. THE WITNESS: Okay. MR. SWEETAPPLE: Could you read back my last question, please? THE REPORTER: Sure. That's definitely going to take a minute to find. (A portion of the record was read by the Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 70 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 court reporter.) THE WITNESS: I'd like to clarify that. If it's in the context of the Bar complaint, it is possible. But I'm not going to discuss the Bar complaint. BY MR. SWEETAPPLE: Q. I just want to know if in any writing you have ever -- strike that. MR. SWEETAPPLE: What's the question before that? THE REPORTER: One second. (A portion of the record was read by the court reporter.) THE WITNESS: Oh, you want me to answer that question? MR. SWEETAPPLE: Please. THE WITNESS: Sometimes I feel that way, yes. BY MR. SWEETAPPLE: Q. Okay. At the settlement meeting. A. I might have felt that way then. Q. So when you left the settlement meeting you left angry, right? A. I was hurt. Q. And you went and you spoke to people after Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 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 Page 72 you went to that settlement meeting, right, because you were angry? A. I was hurt and, yes, of course I spoke to people. I spoke to people from that moment to today -- Q. Okay. Who had -- A. -- not necessarily about the meeting. Q. Who's everyone that you have spoken to with regard to the settlement agreement, the November -- strike that -- September 3rd settlement meeting? A. Just counsel. Q. Never Martin O'Boyle? A. Never. Q. And how did Mr. O'Boyle know about this deposition today? A. Ask him. Q. Did you invite him? A. No. Q. How often do you e -mail Mr. O'Boyle? A. Did you invite him? Q. How often do you -- Well, I tried to serve him with a subpoena unsuccessfully. They lock their office doors so... A. Is that what that was, a subpoena you were serving him during my deposition? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 7 1 week. 8 Q. Do you text message each other? 9 A. No. 10 Q. Do you e -mail each other? 11 A. Not much anymore. 12 Q. Okay. Do you telephone one another, talk by 13 telephone? 14 A. Once in a while. 15 Q. And did you ever talk to Martin O'Boyle with 16 regard to what occurred at the September 3rd, 2014 17 settlement conference? 18 MR. HANNA: Object to form. Asked and 19 answered. 20 THE WITNESS: Is this the sixth or the 21 seventh time you asked me that same 22 question? 23 BY MR. SWEETAPPLE: 24 Q. I just want to get an answer from you. 25 A. The answer's still no. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 73 1 Q. So -- so did you invite him to be here today? 2 A. No. 3 Q. Did you discuss with -- 4 Have you talked to Mr. O'Boyle in the last 5 week? 6 A. Yeah, I think I did talk to him in the last 7 1 week. 8 Q. Do you text message each other? 9 A. No. 10 Q. Do you e -mail each other? 11 A. Not much anymore. 12 Q. Okay. Do you telephone one another, talk by 13 telephone? 14 A. Once in a while. 15 Q. And did you ever talk to Martin O'Boyle with 16 regard to what occurred at the September 3rd, 2014 17 settlement conference? 18 MR. HANNA: Object to form. Asked and 19 answered. 20 THE WITNESS: Is this the sixth or the 21 seventh time you asked me that same 22 question? 23 BY MR. SWEETAPPLE: 24 Q. I just want to get an answer from you. 25 A. The answer's still no. 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 74 Q. Never spoke to him at all? And you never communicated -- never communicated with him at all about the contents of the settlement conference, right? A. Okay. Two questions. First question is, yes, I have spoken to him. Second answer, no, never spoken to him about the settlement conference. Q. And never e- mailed him about the settlement conference of September 3rd, 2014? A. No. MR. HANNA: Is this the official exhibit? MR. SWEETAPPLE: Yes. She has the one marked. That's my copy. MR. HANNA: Okay. Oh, there it is. THE WITNESS: Here's mine. MR. HANNA: I just want to make sure you don't pick it up. MR. SWEETAPPLE: This one was marked as Exhibit 2. (Defendant's Exhibit No. 2 was marked for identification.) THE WITNESS: Two. Thank you. BY MR. SWEETAPPLE: Q. Do you recognize that document? 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. Q. Okay. And it says O'Hare v. Gulf Stream, right? Doesn't have a case -- doesn't have a case name on it, right? A. Says O'Hare versus Gulf Stream. Q. Right. And at the time you went to this -- strike that. Prior to September 3, 2014 had you seen had your attorney received an e -mail from me regarding my representation? Did you believe that I was representing the Town of Gulf Stream in all of its pending cases? A. No. Q. And have you A. I'm sorry Q. Have you filed A. -- against them or Q. Have you filed any sworn motions -- A. I'm not clear on that. Q. -- where you alleged that prior to September 3, 2014 I had e- mailed your attorney and told him that I was appearing in all of the Gulf Stream cases? MR. HANNA: You're talking about before the September 3rd meeting. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 75 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 76 MR. SWEETAPPLE: Before the September 3rd meeting. MR. HANNA: Right. THE WITNESS: I'm sorry. That you e- mailed Mr. Hanna and said you were appearing in all the cases? Is that what you just said? BY MR. SWEETAPPLE: Q. Do you recall ever getting an e -mail from me, seeing an e -mail from me to Mr. Hanna where I said I was appearing in all of the Gulf Stream cases? A. I don't recall that. Q. And you don't recall reciting that in a sworn motion that you filed to disqualify me? A. I'm sorry? Q. You don't recall citing that in a sworn motion or amendment to a sworn motion to disqualify me? A. Again, cases -- me against the town, town against me? Q. Yes, you against the town. Let me put it this way. Do you recall at the hearing before Judge Blanc Mr. Hanna making an argument that I had sent him an e -mail that I was appearing in all of the Gulf Stream cases involving 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 77 you? A. I don't recall. I remember the testimony before Judge Blanc, and I think the vast majority of cases you were representing the town, but I can't say all. Q. Okay. Did you -- did you see an e-mail from me at any time concerning the scope of my representation? A. I don't recall that. Q. Okay. A. May have, I don't recall it. Q. All right. And you filed a motion to disqualify me in all of the public records cases that were pending between you and the town, right, even in ones I hadn't appeared in yet? A. I filed a motion to disqualify you, because you were representing me in civil rights cases which I thought were very similar to the civil rights case the town has now against me, which I believe you represent the town in. Q. Okay. You filed motions to disqualify me in all the public records cases you have brought against the town, even ones I hadn't appeared in yet, right? MR. HANNA: Object to form. Asked and 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 78 answered. THE WITNESS: I don't remember that. BY MR. SWEETAPPLE: Q. You don't remember that, okay. A. I don't remember the details of the case. Q. What did you understand the scope of my representation was on September 3rd, 2014? Who did you understand I represented? A. You represented the Town of Gulf Stream. Q. Okay. Did you think I was a mediator or an attorney? A. I thought mediators were attorneys. Q. Okay. Did you think I was there as an attorney for the Town of Gulf Stream; were you aware of that? A. Yes. You're attorney for the Town of Gulf Stream. Q. And did you think I was there representing the town in all of your public records cases? A. I thought you were representing them in everything. Q. Okay. So you thought at that time I was representing them not only in the public records cases, but with regard to all their matters involving you? 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 79 A. During that meeting that's what I came to believe. Q. Before the meeting what did you think? A. I don't remember what I thought before the meeting. I was a bit unsure. I was a bit unsure of your whole role. I thought your role was more of a conciliator. Q. You knew I had tried to have a settlement conference with Mr. Hanna prior to September 3rd, 2014, right? A. I thought it was a scheduling conference, but it might have been a settlement conference. It might have been both. Q. Okay. And so prior to the meeting did you believe I represented the Town of Gulf Stream on all their cases involving you? A. No. No. Q. What cases did you think I represented the town on? A. Public records cases and the RICO case that was being formulated at the time. Hadn't been filed yet, I don't believe -- Q. And in fact -- A. -- but not the trespass case. Q. Right. So not the federal cases? Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 M 5 6 7 M 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. No. I just said the RICO case -- Q. Not the -- A. -- that's federal. Q. Okay. So you thought prior to this settlement that I was representing the town on the RICO case and on the public records cases. A. Well, I guess -- the distinction I have to take is representing. I thought you were more in the form of a mediator as opposed to an adversary. Q. Well, you knew that I was -- you knew I was representing the town, right? A. Right, but like I said -- Q. You didn't think I was representing you, did you, at the settlement conference? A. Like I said, my idea of representation was more as conciliatory mediator than adversary -- Q. So you thought -- THE REPORTER: I'm sorry, I didn't hear him. THE WITNESS: Up to the time of that Page 80 meeting. BY MR. SWEETAPPLE: Q. You thought I was going to the meeting with the intent to try to get the dispute between you and the town put to bed? 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 81 A. Resolved, yes. Q. Yeah, resolved, okay. And, and you knew that I was not your attorney at that meeting, right? A. I still thought at that meeting that we had, I don't know, that relationship, however you want to define it. Q. Mutual respect, rapport, whatever. You define it. A. well, interest in each other's well- being. Q. Okay. And so you thought when I came in there I was the attorney for the town with regard to all of your public records cases and the RICO case, right? A. Yes. But I believed that we were there to discuss only certain cases. Matter of fact, I think -- I'm not sure how I got that idea, but I was pretty certain when we went into that meeting that we were going to discuss certain public records cases opposed to all. Q. And how did you have that, that -- which certain cases were we going to discuss? MR. HANNA: I'm going to object and instruct the witness not to answer if it involves anything you discussed with your attorneys. 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 THE WITNESS: There you go. BY MR. SWEETAPPLE: Q. Okay. So the agreement itself says, "the below signatories are participating in a settlement conference concerning certain pending" -- A. Oh -- Q. -- "cases between them. All discussions this date will be treated in the nature of mediation and remain confidential." You were aware that's what the agreement said, right? A. Yes. This reinforced how I felt going into the meeting. Q. What certain cases did you believe were being discussed? A. Oh, the cases -- MR. HANNA: Again, I'm -- again, I'm going to instruct the witness if it's anything you discussed with your attorneys, you're not to answer. THE WITNESS: Well -- MR. SWEETAPPLE: Unless you've disclosed it to other people since. MR. HANNA: Well, you haven't gotten to that point yet. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 82 Page 83 1 THE WITNESS: My feeling was that we 2 were there to discuss certain cases that I 3 had my counsel with me on, without going 4 into what we discussed. 5 BY MR. SWEETAPPLE: 6 Q. Okay. And you understood that at a 7 settlement conference all types of things can be 8 discussed, right? 9 A. No, I don't know the definition of a 10 settlement conference. 11 Q. How many settlement conferences have you been 12 involved in? 13 A. You mean with lawyers like this? 14 Q. Uh -huh. 15 A. I can't think of any others. 16 Q. How many mediations have you been involved 17 in? 18 A. One. 19 Q. Okay. Are you aware that at settlement 20 conferences typically wide ranging issues are 21 discussed and that the reason -- one reason they're 22 maintained confidential is to encourage people to 23 discuss wide - ranging issues? 24 A. Well -- 25 MR. HANNA: I'm going to object to the 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 84 form. THE WITNESS: With all respect to you, Bob, I mean, my experience with other lawyers is nothing like it is in this. So I don't know what to expect. BY MR. SWEETAPPLE: Q. Well, are you aware that the purpose of mediations being confidential, one of the stated in the statute purposes is to encourage people to freely discuss all of their claims and potential claims -- A. No, I don't understand that. Q. -- without fear of any disclosure of what they discuss and having it used against them? A. No, I don't understand that. Q. Okay. And that the reason that that's the public policy in this state is to encourage people to actually discuss all of their disputes, potential disputes so that they can resolve them? MR. HANNA: I'm going to object to form. THE WITNESS: Yeah. Is there a question there? BY MR. SWEETAPPLE: Q. Yeah. Are you aware that that's the reason Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that we have mediations in this state? MR. HANNA: Same objection. MR. SWEETAPPLE: If you are, fine. If you aren't, tell me you're not. I just want to -- MR. HANNA: Same objection. MR. SWEETAPPLE: What's the objection? MR. HANNA: Confusing, unintelligible, counsel's testifying. MR. SWEETAPPLE: It's a leading question. I'm allowed to lead. MR. HANNA: You're allowed to ask leading questions, but you're not allowed to ask confusing questions. You're not allowed to testify during your questioning. MR. SWEETAPPLE: I can make a statement and say isn't that a fact. MR. HANNA: Bob, I'm making my objections. BY MR. SWEETAPPLE: Q. Are you aware whether or not one of the purposes of mediations is so people have far ranging, open discussions of all possibilities to resolve litigation? A. No. I thought mediation was strictly to save Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 85 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 86 the court's time for issues that could be resolved beforehand without having to bother the judge. Q. Have you ever -- Had you ever been aware prior to September 3rd, 2014 that mediations are confidential or settlement conferences are confidential? A. I don't believe they are. Q. You don't believe mediations are confidential? A. I thought you said settlement conferences. MR. HANNA: I'm going -- BY MR. SWEETAPPLE: Q. Are you aware that, that parties can stipulate that settlement conferences maintained will be confidential? A. Well, if it's so stipulated, sure. Q. Did you understand -- did you understand when you signed Exhibit 2 that all discussions that took place on September 3rd, 2014 would be treated as in the nature of mediation and remain confidential? A. Well, when I signed this document I was under the impression, as I was lead to believe, that we would be discussing certain cases, which it says right here, certain cases, but I'm not sure what you're asking me. 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 87 Q. Well, did you understand that everything that was discussed at this meeting was to remain confidential, not just certain cases, anything discussed was to remain confidential? A. When I signed this, that's what I understood. Q. Okay. And when you left did you ever decide that you had a right to disclose what was discussed at this mediation? A. I didn't know, but I never exercised that right if I did think I had it. Q. Okay. Are you aware that Mr. Ring on behalf of Mr. O'Boyle has filed a lawsuit representing things that were said at this mediation? A. That's the one you referred to -- Q. Not the federal one, no. He's filed a state case against me, Mr. Morgan, Mr. Randolph, Miss O'Connor claiming that this mediation is, is somehow violative of the Sunshine Law, even though Mr. Morgan was the only public official present. MR. HANNA: Object to form. THE WITNESS: If that's the references in your motion for relief, I'm aware of it through that. BY MR. SWEETAPPLE: Q. Okay. And did you have any meetings with any 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 88 members of the O'Hare -- strike that -- the O'Boyle Law Firm after September 3, 2014? A. Meetings, you mean discussions on the phone? Q. Yeah, meetings, discussions. A. Yes. I have met with them in the O'Boyle Law Firm since September 3rd. Q. Okay. And did you ever authorize anyone at the O'Boyle Law Firm to communicate anything that occurred at a mediation settlement conference on September 3rd, 2014? A. No. Q. So to the extent that was done, it was done without your consent or permission, right? A. I have no knowledge of, to any extent anything was done. Q. Have you ever looked at the pleading that was filed by Mr. O'Boyle and Mr. Ring? A. If those are the excerpts in your motion for relief, I have seen those. Q. Okay. Have you ever seen the pleading itself? A. Is a pleading the entire complaint? Q. Yeah, the entire complaint. A. I don't think I ever did. Q. Have you ever discussed with Mr. O'Boyle that 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 89 lawsuit? A. Marty O'Boyle, you're saying? Q. Marty O'Boyle. A. I don't think so. Q. So your testimony under oath is that you haven't shared the contents of what occurred on September 3rd, 2014 with anyone other than Mr. Roeder and Mr. Hanna? MR. HANNA: Object to form. THE WITNESS: Yeah, that's privileged. BY MR. SWEETAPPLE: Q. There's someone other than those two? A. My attorneys. Q. So other attorneys? A. My attorneys. I'm represented by my attorneys. Q. Okay. Were these attorneys attorneys at the O'Boyle Law Firm? MR. HANNA: I'm going to object, instruct the witness not to answer. BY MR. SWEETAPPLE: Q. So you told someone at the O'Boyle Law Firm and then they used it in a lawsuit with Mr. O'Boyle, right? MR. HANNA: I'm going to object. 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 Well -- no. THE WITNESS: That would be privileged. BY MR. SWEETAPPLE: Q. Okay. Well, in fact though, you have joint representation with Mr. O'Boyle. The O'Boyle Law Firm represents you and Mr. O'Boyle together in a lawsuit, right? A. Only one time and that's an anti -shush where I was denied my right to speak at a public meeting. Q. And is that case still pending? A. They're all still pending. Can't get anything to court. Q. So the O'Boyle Law Firm -- Well, you've had a number of cases decided, haven't you, already? A. No. Q. I thought you had a roof case that was just recently decided? A. No. No, it's been years. We can't seem to get -- Q. I thought I saw an adverse ruling in a roof case recently. A. No, nothing's been decided. Q. Okay. I guess I must be -- A. Oh, you must be referring to a writ of cert Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 90 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 91 for my solar energy device where the judge decided to ignore state law. Q. Well, I just saw -- I just saw an opinion where your -- something with your roof, I guess, was denied? A. Yeah, that was a writ of cert that was denied. PCA I believe it's called. So I have no idea why. Q. Okay. So the O'Boyle Law Firm does jointly represent you and Martin O'Boyle, right? MR. HANNA: Object to form. Asked and answered. THE WITNESS: In an anti -shush case, which I don't believe I discussed with them for 12 months maybe. Q. Has Mr. O'Boyle ever sat in any meetings with you at the O'Boyle Law Firm? Has Martin O'Boyle ever sat in any meetings with you? A. No. Q. Did you ever deliver -- Did you ever deliver this document, the 09/03/2014 Exhibit 2, to anyone at the O'Boyle Law Firm? I don't want to know what you discussed. I want to know whether or not you ever handed this 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 document to anyone. A. I'm sorry, I'm confused is this Exhibit 1 Q. That's 2. A. It says 1. Q. It's 2 right here for the deposition. That's Exhibit 1 to a pleading. A. Did I ever deliver that, hand deliver that to anyone? Q. Uh -huh. A. Yes. Q. Okay. Who'd you hand deliver it to? A. You know what, I take that back. I don't think I ever touched that document after that 09/03 meeting. Q. Well, did you ever show it to anyone? A. I believe counsel -- that's privileged. Q. No. I just want to know if you showed a document to someone. That's not a communication. A. No, I never showed that document to anyone. Q. That document is attached to the lawsuit that Mr. Ring filed on behalf of Mr. O'Boyle. MR. HANNA: Object to form. BY MR. SWEETAPPLE: Q. Do you know how -- do you know how Mr. Ring Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 92 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 or Mr. O'Boyle got that document? MR. HANNA: Object to form. THE WITNESS: No idea. BY MR. SWEETAPPLE: Q. No idea. You did not give it to anyone at the O'Boyle Law Firm? A. For all I know he got it from the town. Q. But you don't know how he got it? MR. HANNA: Object to form. THE WITNESS: Like I said, for all I know he got it from the town. BY MR. SWEETAPPLE: Q. You're speculating though, but you don't know? A. Well, that's what you're asking me to. Q. I'm saying do you know and you're telling me I don't know. I'm not asking you to speculate. A. I don't know. Q. Okay, that's fine. Were you present at a meeting at city hall -- 21 1 A. Yes. 22 23 24 25 Q. -- on September 12, 2014? A. That sounds about the time that the town has their public meetings. Q. Okay. And that was a little over a week, two Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 93 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 days and a week past the September 3, 2014 settlement /mediation conference? A. Yes. The 12th comes after the 3rd, yes. Q. And do you recall that you were present at the meeting with Mr. O'Boyle? A. I don't recall who was there. Q. And were you aware that Mr. O'Boyle said quote, "well, then, let me tell you the document I have. I have here a handwritten confidentiality agreement. Now, you don't have confidentiality agreements in open and transparent government. I have it here. It's signed by that fellow right up there. Now my question is" -- you -- "maybe you won't answer this one either and I understand that. What is this all about ?" Okay. Did you hear Mr. O'Boyle say that? A. That sounds like something he would have said. Q. Okay. And are you aware that settlement conferences and mediations with governments are often confidential? MR. HANNA: I'm going to object to form. THE WITNESS: No. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 94 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 95 BY MR. SWEETAPPLE: Q. No? Okay. A. I don't know that at all. MR. HANNA: Mischaracterization. BY MR. SWEETAPPLE: Q. All right. Then: "Mr. Morgan: Do you want to talk about something now, Mr. O'Boyle? I'm not going to engage in questions and answers. Please take advantage of the opportunity to speak, voice your opinion. We welcome it, as we do from all our residents. "MR. O'BOYLE: That's fine. I think the difference is you don't like the way I do it. I understand that and that's fine. Mr. O'Hare, you are a party to this agreement. Would you object if the mayor answered a question about this agreement? "MR. O'HARE: I have no objection." Do you recall saying that? A. That's part of what I said, yes. Q. Okay. Had you spoken to Mr. O'Boyle about this agreement prior to September 12, 2014, the September 3 agreement? MR. HANNA: Object to form. THE WITNESS: No. And I had no idea he was going to say that. 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 96 BY MR. SWEETAPPLE: Q. You had no idea he was going to say that. You were there standing there with him at the same time for an entire dialogue, and you did not know he was going to mention the September 3 agreement; is that your testimony? MR. HANNA: Objection. THE WITNESS: No, that's not true. That's not true. BY MR. SWEETAPPLE: Q. Did you know he was going to mention the September 3 agreement? A. No. Q. Had you met -- had you been at his, at the O'Boyle Law Firm between September 3rd and September 12, 2014? A. I might have had a meeting. Q. Uh -huh. And did you discuss the September 3rd settlement conference at that meeting? MR. HANNA: I'm going to object and instruct the witness not to answer. MR. SWEETAPPLE: Based on lawyer- client privilege? MR. HANNA: Yeah. MR. SWEETAPPLE: Okay. And we'll see 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 if it applies when there's a violation of Florida statutes involving mediation. MR. HANNA: Can you just move on and not go on with your speeches? MR. SWEETAPPLE: We'll see. I just want you to think about it so when I do file my motion and I cite the statute, we'll -- we'll deal with that issue. MR. HANNA: I'm -- duly note that I'm scared. MR. SWEETAPPLE: I don't want you to be scared. I want you to be informed and maybe consider whether or not -- MR. HANNA: Just ask the question, Bob. Enough speeches. THE WITNESS: Jesus. MR. HANNA: Get this over with. We've been here two and a half hours now. MR. SWEETAPPLE: If you think that reciting what was said at a confidential mediation to a lawyer is then protected under the lawyer- client privilege and you want to make that objection and you don't want to consider whether or not that makes any sense, that's your prerogative. Just Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 97 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 98 continue to mark his instructions and I'll file my motion. MR. HANNA: Okay, I will. (The preceding question was certified.) MR. SWEETAPPLE: Thank you, all right. It's a silly position for you to take. MR. HANNA: Please. I'm going to ask you again: Ask the question, he answers, I object. Enough with the speechifying, enough of the commenting. Just do the deposition. BY MR. SWEETAPPLE: Q. Then he goes on to say: "Mr. O'Boyle: I understand. This was signed by, this is a little hard" -- to read -- "for me to read, Joanne O'Connor, Christopher O'Hare, Scott Morgan, Lou Roeder and Mark Hanna. So you have four lawyers, Mr. Morgan and Mr. O'Hare now at this meeting. I don't know what happened. But, what I do know is Miss O'Connor went to the meeting, my son's a lawyer, he represents Mr. O'Hare. Mrs. O'Connor knows that. She was there and she dealt with Mr. O'Hare without consulting my son." Did you hear Mr. O'Boyle say that? A. I don't remember those exact words, and I'm 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 99 not sure. Is that the minutes of the meeting? MR. HANNA: Yeah... can I see that exhibit? Is that a transcript of the meeting or the meeting minutes? MR. SWEETAPPLE: Excerpts from town commission meeting, September 12, 2014, I gave you a copy of it, didn't I. MR. HANNA: No. MR. SWEETAPPLE: I'm sorry. MR. HANNA: Is that transcript or the meeting minutes? MR. SWEETAPPLE: This is what the town provided me. MR. HANNA: Okay. I'm just wondering if it's what Rita writes up for the minutes or whether it's the actual -- MR. SWEETAPPLE: This is an excerpt from the minutes, I think. MR. HANNA: All right. Cause they record the meeting too. MR. SWEETAPPLE: Right. MR. HANNA: What exhibit is this? MR. SWEETAPPLE: When Mr. -- this is 3. MR. HANNA: 3. (Defendant's Exhibit No. 3 was marked for 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 100 identification.) BY MR. SWEETAPPLE: Q. When Mr. O'Boyle held up Exhibit 2 to this deposition, were you surprised he had it or did you know he had it? A. I didn't see him hold that up. I was sitting down in the audience, and I did not see him hold that up. Q. Okay. And so you were sitting down. You weren't standing next to him when this was occurring? A. No, I was sitting down. Q. Next to him, right? A. I specifically remember sitting in front of the reporter for The Coastal Star and I was nowhere near him. Q. Okay. And so did you -- Did you know that Mr. O'Boyle had a copy of Exhibit 2 on September 12, 2014? A. No. Q. Were you surprised he had a copy? A. I didn't know he had a copy. Q. Were you surprised to see he had a copy? A. Are you asking if I'm surprised now? Q. Were you surprised on September 12th that 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 Page 101 O'Boyle had a copy of the settlement -- the confidential settlement mediation agreement? A. I don't know if he had a copy. I have as much trouble in those meetings hearing what's going on as I do here now, and I'm not sure I even heard Mr. O'Boyle say that. Q. Well, he actually says he has the handwritten confidentiality agreement. A. Do you have any idea how many things are said at those meetings that are untrue and false? Q. Are you suggesting that Mr. O'Boyle didn't really have it? A. I'm not suggesting anything. I don't know he had it at the time, so I can't say if I was surprised or not. Q. Are you aware if anyone ever made a public records request for that document prior to September 12th, 2014? A. That would be an interesting request. No, I'm not aware that anybody made a public record request for it. Q. So you have no idea if Mr. O'Boyle had a copy of the September 3rd, 2014 agreement on September 12th, correct? MR. HANNA: Objection. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 M 5 6 7 M 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. SWEETAPPLE: That's what you're telling us. You had no -- you had no idea that he had a copy of it. MR. HANNA: Same objection. THE WITNESS: I had no idea, but now that you mention a public record request, I can understand him obtaining it that way. BY MR. SWEETAPPLE: Q. You're speculating? A. I'm speculating. Q. Right. A. I had no idea at the time he had it. Q. So when he made those comments you didn't hear him say that, "I have here a handwritten confidential agreement "? A. I don't recall that. Q. And you didn't see him waive it in front of the commission? MR. HANNA: Objection, asked and answered. THE WITNESS: No, I didn't recall that. BY MR. SWEETAPPLE: Q. Okay. A. This is going to turn into seven hours. MR. HANNA: Do you want to take a quick Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 102 1 break, go to the bathroom? 2 MR. SWEETAPPLE: Yeah, let's take a 3 quick break. 4 THE VIDEOGRAPHER: Time is 12:14; we're 5 going off record. 6 (A short break was taken.) 7 THE VIDEOGRAPHER: Time is 12:28; we're 8 back on record. 9 BY MR. SWEETAPPLE: 10 Q. Mr. Roeder is your attorney you've written, 11 correct, stated he's your attorney? 12 A. Yes. 13 Q. Okay. And also you've stated he's your 14 long -term, long -time business associate? 15 A. We've known each other since the '80s. 16 Q. Okay. And are you in business together? 17 A. No. 18 Q. So he's not a business associate? 19 MR. HANNA: Object. Asked and 20 answered. 21 BY MR. SWEETAPPLE: 22 Q. Is he your long -term business associate? 23 A. What do you mean? 24 MR. HANNA: Objection. 25 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 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 BY MR. SWEETAPPLE: Q. Well, have you ever written that he's your long -term business associate? A. How do you define it? Q. No. Have you ever used those words yourself? A. Yeah. But that doesn't mean we're in business together. Q. So you've written he's your long -term business associate? A. I may have. Q. And what did -- and what did you mean by that? A. That I have a commercial relationship with him. Q. What is your commercial relationship? A. He represents me in my business interests. Q. As a lawyer? A. And a friend. Q. And how long has he represented you as a lawyer and a friend? A. A long time. Q. More than 20 years? A. No. Q. More than ten years? A. No. No, take that back, maybe. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 104 Page 105 1 Q. And is he -- would you consider him your main 2 counsel? 3 A. My main counsel? 4 Q. Yeah. 5 A. No. 6 Q. Do you, do you have -- 7 Do you go to him for all your legal matters 8 or just certain legal matters? 9 A. Just certain ones. 10 Q. Okay. And you, you brought Mr. Roeder to the 11 settlement conference on September 3rd, right? 12 A. Yes. 13 Q. He was not counsel of record in any cases? 14 A. No. 15 Q. And you decided to invite Mr. Roeder, right? 16 A. You know, it was my decision. 17 Q. Right. I didn't know who Mr. Roeder was 18 before that time, did I? 19 A. I have no idea what you know. 20 Q. I'd never met him; he was not counsel in any 21 case, right? 22 MR. HANNA: Objection, counsel's 23 testifying. 24 THE WITNESS: No. I have no idea what 25 you know. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 iM 5 6 7 M 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 106 BY MR. SWEETAPPLE: Q. Okay. Did -- was he counsel in any of the Gulf Stream cases, counsel of record at that time? A. I don't think so. Q. Had he appeared at any hearings in any of the cases that I had attended? A. I don't recall. Q. Okay. You realize that at a mediation or settlement conference involving -- that would involve the dismissal of lawsuits that any lawyer who filed the lawsuit would have to, before any lawsuit was dismissed, would have to agree and sign the notice of dismissal, right? A. Is that a question? Q. Yeah. Are you aware that at the mediation nobody, nobody could force you to settle a case and dismiss a case if there wasn't a lawyer there for that particular case; that in order to dismiss any of your cases the lawyers who filed it would have to file a dismissal? MR. HANNA: Objection. MR. SWEETAPPLE: Let me rephrase it for you. BY MR. SWEETAPPLE: Did you realize that at September -- 0 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 107 September 3rd, 2014 did you think that people were expecting you to sign, demanding that you sign settlements settling cases, all of your cases at that meeting? MR. HANNA: Object to form. BY MR. SWEETAPPLE: Q. Or did you understand it was something that you were going to consider and deliberate on anything that was discussed? MR. HANNA: Objection. THE WITNESS: I was concerned prior to that meeting that I'd be actually meeting with someone who had the authority to discuss settlement and did I -- BY MR. SWEETAPPLE: Q. Authority to discuss or authority to bind? There's a difference. A. Well, in my opinion, what I was thinking at the time was I wanted someone there I could discuss these things without just getting lip service, that actually something fruitful would come from the meeting. Now -- if I could finish answering your question. Q. Okay. A. I believed I was having that in regard to 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 108 certain cases. That's, that's my understanding at the time. Q. Did you think that Mayor Morgan had the authority to settle the cases at that settlement conference himself? A. No. No, it wouldn't be to finalize them. Q. Okay. Did you think I had the authority to settle any of these cases by myself? A. Yeah. You lead me -- well, I can't discuss the contents of the -- Q. I'm just wondering, did you believe I had the authority to settle a case on behalf of the town without them voting to do so? A. I consider you to be very influential there. Q. I'd advise my client. A. Yes, you advise your client. Q. But I don't, I don't control votes for my clients. A. I wouldn't expect you to be in control of what they do. Q. Okay. So and by the same token, you knew that any cases that you wanted to dismiss you would have to have the attorneys involved consulted and they would have to file dismissals, right? MR. HANNA: Objection, it's a 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 109 mischaracterization. BY MR. SWEETAPPLE: Q. What did you think -- how did you think I was attempting to extort you by my conduct at a settlement meeting? How could I -- how could I make you do anything at a settlement meeting? MR. HANNA: I'm going to instruct the witness, unless of course you want to waive, that not to divulge anything that happened in that 09/03 meeting. BY MR. SWEETAPPLE: Q. I just want to know how, how you believe that -- A. I'm sorry -- Q. Let me rephrase it. Do you believe that I had the authority to make you do anything? THE WITNESS: Before I answer that, I couldn't hear what you were saying, Mark. MR. HANNA: I'm just instructing you not to answer the previous question asked for the conduct that lead you to believe that I believe Mr. Sweetapple was extorting you, and I was instructing you not to divulge anything that happened in the 09/03 meeting. 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 110 MR. SWEETAPPLE: I don't agree with that characterization, but let me rephrase the question for you. BY MR. SWEETAPPLE: Q. Okay. You have said that you left that meeting thinking you were extorted. Did you, did Did you actually believe that you had to sign something at that settlement conference? Strike that. Did anyone present you with anything to sign other than the 09/03/14 handwritten agreement? MR. HANNA: Objection. Don't answer the question. That's talking about what happened in the settlement agreement. BY MR. SWEETAPPLE: Q. No, no. Did anybody hand you a document to sign, other than this document? MR. HANNA: Objection. Again, that's talking about what happened at -- MR. SWEETAPPLE: All discussions this date will be treated. I'm asking whether or not anybody handed him a document, like a settlement agreement or any document. BY MR. SWEETAPPLE: 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. Did anybody hand you a document to sign? MR. HANNA: Again, that's divulging what happened in the settlement conference. MR. SWEETAPPLE: Okay. I don't think that's going to be a communication. I think conduct is not a communication, handing or looking at, hitting. MR. HANNA: I'm not going to debate the law with you. MR. SWEETAPPLE: Pay with money. Those are not communications. MR. HANNA: Just agree that if he divulges something here, that you're not going to turn around and put it in another motion. MR. SWEETAPPLE: I'll just move to compel. (The preceding question was certified.) THE WITNESS: May I ask a clarification? The portion of the settlement conference that's confidential, at what moment would that have concluded: When we left the room or discussions after that? MR. SWEETAPPLE: You can break and talk Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 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 Page 112 to your attorney any time you want. I'm just trying to get -- THE WITNESS: I'm trying to answer your question. BY MR. SWEETAPPLE: Q. -- what your analysis is here. Didn't you realize that anything discussed on 09/03/2014 was preliminary; that it would be subject to approval by numerous people? A. You're talking about the town commission? Q. And your lawyers. A. Well, the town commission would have to sign off on any settlement. Q. How many lawsuits did you have pending at that time? A. I don't think I have any more since then. Q. So did you have like 12, 15? A. You have more knowledge of that than I remember at the moment. Q. 20? I mean, how many lawyers would have to ultimately approve any settlement if one were reached on September 3, 2014? A. Considering that they all had skin in the game with their attorneys' fees, which I was paying, I imagine they'd all have to sign off. 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 H 3 Q. Right. So not only would five counsel members have to vote if there was a settlement, all your lawyers would have to sign off, right? A. It's, it's -- Q. Pretty obvious, right? A. It's a decision made by a village, yeah. Q. Right. So wasn't it clear to you that everything that was being discussed on September 3rd, 2014 was for the purpose of seeing whether or not something could be arrived at that would be approved by at least ten other people? A. Well, that's been my purpose since the spring of 2012. Q. But you think, you think that in order to explore settlement with the municipality the attorney who talks to you or the representative that talks to you has to already have authority from the body before they explore? MR. HANNA: Object to form. BY MR. SWEETAPPLE: Q. Did you think that A. You're asking me if Q. Did you think I walked in with authority to settle your cases, your cases on September 3, 2014? MR. HANNA: Object to form. 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 114 THE WITNESS: Of course you don't have that authority. BY MR. SWEETAPPLE: Q. Did you think the mayor had that authority? A. The authority to make the -- I'm sorry, I can't discuss the content. Q. The authority to settle your case, to finally settle your case, do you think he had that authority? A. You're not talking about his actions during the meeting, you're talking about -- Q. When he walked -- A. -- just in general. Q. Yeah, in general. When he walked in, when you started that meeting before he said a word, did you think he was there with authority to settle the case? A. Was he standing in the shoes of the commission? Q. Right. A. I don't know. Q. Well, you've been at every meeting of the town council before that settlement conference, right? A. That's why I'm so confused by this. 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 115 Q. So did the, did the town council give him authority to act on their behalf before this settlement conference? A. That, that's confusing to me, because I know the council has given or said that they've given Mayor Morgan authority to lead litigation, but I don't remember ever a public meeting where that actually took place. I don't remember -- and I've been to just about every public meeting -- if I could be allowed to finish. I've been to just about every public meeting. I can't recall them giving him the authority to be the surrogate town, but it seems that's what he's doing. Q. Okay. When you went to the September 3rd, 2014 meeting before anyone said a word, you did not believe that Mayor Morgan had the authority to bind the town at that meeting, did you? A. I expected resolution would require some official act. Q. Okay. And you recognized that before any -- before you did anything involving any of your other numerous lawyers, that they would have to act also, right? MR. HANNA: Object to form. Asked and Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 M 5 6 7 En 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 116 answered. MR. SWEETAPPLE: The answer's yes, right? THE WITNESS: I'm sorry, could you be clearer? MR. HANNA: Object to form. BY MR. SWEETAPPLE: Q. So you now -- let me do it this way. Are aware that all the time either a mayor or a council member or a city manager or a lawyer acting on behalf of a municipality will engage in discussions with opposing lawyers, people that want to open up baseball stadiums, people that want to do contracts and they explore what the other side is -- wants or willing to do. It happens all the time. The council doesn't all five get together and meet with opposing lawyers about their cases or people that want to do road improvements or people that want to build a baseball stadium. If you look at the case law, the mayor can meet with the attorney, the mayor can meet with the city manager and the prospective parties? MR. ROEDER: Is there a question in there somewhere? MR. HANNA: Objection. 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 BY MR. SWEETAPPLE: Q. Are you aware -- A. I'm waiting for a question. Q. Are you aware -- MR. HANNA: There it is. BY MR. SWEETAPPLE: Q. -- that routinely -- MR. HANNA: Okay. Objection, ambiguous, argumentative, compound, counsel's testifying, misquoting the witness -- MR. SWEETAPPLE: Let me finish. MR. HANNA: -- narrative. MR. SWEETAPPLE: Let me finish. BY MR. SWEETAPPLE: Q. Let me rephrase the question for you. Are you aware that routinely a mayor or a council member, along with a city manager or an attorney, meet with other parties to explore settlements, contracts, business deals? It's done every day in this country. Are you aware of that? MR. HANNA: Object to form. THE WITNESS: Okay. Can I answer? BY MR. SWEETAPPLE: Q. Yes. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 117 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 118 A. I am aware that depending on a town's charter a strong mayor can act independent of a commission for purposes of negotiations. If a charter does not provide for a strong mayor, then the mayor is no more than a ceremonial figure who happens to be the last one to vote at a meeting and orchestrates the meeting as the chairperson. Q. Are you aware that any -- A. I'm not finished answering. You're asking me what I'm aware of in that regard, and I don't know that Mayor Morgan had the authority to act independent of the town or even if he could be there on any more than as a fact finder as someone who report back what he may have found out about something. But to make -- well, I'm not going to go into what happened at the meeting, but I'm not aware that he had authority to do what he did. Q. Are you aware that as a matter of law, I could bring the city manager, one of the council women, one of the council men or the mayor to a settlement meeting to explore whether or not the parties can arrive at a settlement? A. I'm sorry, you use the word explore. I don't know what that means. Q. Are you aware that all we were doing on 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 119 September 3rd, 2014 was exploring whether or not there were any possible means where we could present a possible settlement to other people, we were exploring settlement? Nobody was settling the case. We were discussing and having -- we were there for the purpose of having an exploration of settlement, which is done all the time. A. Okay. Q. Did you understand that? You got all -- MR. HANNA: I'm going to object to form. THE WITNESS: I think there's a question there. I'd like to try to answer it. BY MR. SWEETAPPLE: Q. Okay. You understand the question. Did you realize we were there solely for the purpose of exploring settlement? MR. SWEETAPPLE: And by the way, let me put on the record that the court reporter did not get Mr. O'Boyle's outburst on the video, and I'm asking you to preserve that video because I'm going to be subpoenaing that for the court as well as the video of this deposition. So please do not destroy Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 M 5 6 7 i7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that videotape and the court -- and the videographer has already confirmed that it was running. He checked it and it was running, so he'll testify to that, too. MR. HANNA: We don't play that way. MR. SWEETAPPLE: Okay. Well, I just don't want it destroyed. THE WITNESS: The video is -- MR. SWEETAPPLE: You say we. You can only speak for yourself, Mr. Hanna. MR. ROEDER: Oh, come on. MR. SWEETAPPLE: As to how people play. MR. HANNA: Come on, let's just get back to the questions. MR. ROEDER: Stuff's bouncing all over the place THE WITNESS: Okay. The video camera's pointed on you. You're more than welcome to have any copy. Unlike when I asked you for a copy and had to pay four hundred -- or $700 because you wouldn't give me your copy. You're more than welcome to my copy. MR. HANNA: Okay. Everybody, everybody. Let's get back to question, answer so we can get through this. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 120 1 2 3 4 5 6 7 iE 9 10 11 12 13 14 15 16 17 m 19 20 21 22 23 24 25 Page 121 MR. SWEETAPPLE: You mean you tried not to pay the court reporter for her preparing a transcript. MR. HANNA: Okay. Can we get back to the questions and answers? THE WITNESS: I'm talking about the public record that you denied me. MR. SWEETAPPLE: I didn't deny you anything. MR. HANNA: People, please. MR. SWEETAPPLE: Let's go. MR. HANNA: Okay. Thank you. BY MR. SWEETAPPLE: Q. So were you aware that the September 3rd, 2014 meeting could only have been for purposes of exploring a settlement? A. No, I was not aware of that. Q. Okay. So did you actually think before you went in there that a settlement could be signed off at that meeting? A. I specifically asked that someone with authority show up so I didn't get two more years of lip service. So I wanted someone with authority who could -- was in a position to actually give me assurances. But as it turned out, and I won't go 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 19 20 21 22 23 24 25 Page 122 into the details of the conference, it was different. Go ahead. Q. Okay. Mr. O'Hare, you spend a lot of your time at city hall at meetings. You spend a lot of your time trying to learn the law. Tell me, who possibly, who possibly could have come to this meeting on behalf of the town on September 3rd, 2014 with authority to settle? A. I don't know -- MR. HANNA: Object to form. THE WITNESS: -- how to answer this without going into the content of the meeting and eventually -- BY MR. SWEETAPPLE: Q. No, no, no. But prior to the meeting who did you think could possibly be showing up with authority to settle without having gotten approval from the council, without having spoken to you about what you were looking for? I mean, who -- let me rephrase it. Prior to the meeting, since you say you went there, you went in, you went in believing that the city would send -- the town was sending someone who had authority and you left thinking you'd been extorted -- 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 123 Let's just talk about the beginning of your mental impressions. Who is it you thought could possibly be coming to that meeting with any authority to bind the town? MR. HANNA: Objection. THE WITNESS: I have to by way of explanation say that in business there are many times when you'll have a letter of intent, a good faith effort that all parties have the intention of reaching a mutually beneficial goal. It's not binding, but it leaves people at the end of their negotiations with the feeling that there is a goal and we can reach it if we just go through the following steps. My intention at that meeting was that we would reach something similar; not that it would be resolved, but I would be dealing with people in good faith that were interested in resolving the issue. BY MR. SWEETAPPLE: Q. And you thought, you thought that Mayor Morgan had the ability to sign a letter of intent at this settlement conference? A. No. I used letter of intent as an example. 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 124 Q. Did you think Mayor Morgan would have the authority to sign any binding document at this exploratory settlement conference, or did you know it was an exploratory settlement conference? A. I'm sorry, I was -- I was distracted by your body language. Could you ask again? Q. Before you went into the meeting, before you went into the meeting did you think that Mayor Morgan had the authority to sign any document that in any way bound the town to a settlement? A. I thought I was dealing with someone in good faith who would have the intention of representing the town and assuring me that whatever we reached, there would be a possibility that it would be resolved. Q. In other words, to tell you what he thinks the other four people are going to vote? You expected him to tell you what the other four people are going to vote? MR. HANNA: I'm going to object. You're getting into -- you're divulging information. MR. SWEETAPPLE: I want to know your expectation. No, I want to know your expectation. 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 125 BY MR. SWEETAPPLE: Q. Did you expect before you went in that meeting that Mayor Morgan would be in a position to tell you something that you could rely on as far as your case was settled? MR. HANNA: Asked and answered. MR. SWEETAPPLE: Is that what you're telling us? THE WITNESS: I thought I would feel closer to a resolution after that meeting. Whether someone at that meeting happened to say something about securing the votes of other people, I can't comment on that. I don't know -- I just can't talk about the content of that meeting. MR. SWEETAPPLE: Did you find the public records request? BY MR. SWEETAPPLE: Q. Are you aware that on, two days after the settlement conference there was a request made by Airline Highway LLC for a copy of the confidential agreement? MR. HANNA: Bob, he can't hear you. MR. ROEDER: You have to talk to him. 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 126 Q. Are you aware that two days after -- MR. HANNA: Should start from the beginning. BY MR. SWEETAPPLE: Q. Are you aware that on September 5, 2014 one of Mr. O'Boyle's entities made a request for a confidentiality agreement? A. No, I don't remember that. Q. Uh -huh. Do you have any idea how Mr. O'Boyle's company two days after September 3rd, 2014 would be aware of a confidentiality agreement? A. No. I have no idea what they're aware cf. Q. Okay. And you didn't, you didn't go to Mr. O'Boyle, Marty O'Boyle and tell him personally prior to November -- September 5th, 2014 about the settlement meeting? A. No, did not. Q. But you did go to his son's law office, didn't you? A. Between the 3rd and the 12th -- Q. No, 3rd and the 5th you went to his son's law office? A. You asked me prior between the 3rd and the 12th, but if it was the 3rd and the 5th, I'm 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 127 confused. I don't know. Q. Okay. Well, I'm refreshing your recollection by proffering to you that a public records request was served on my law firm on September 5th, 2014 by Airline Highway LLC for any confidentiality agreement. A. I'm sorry, is that a question? Q. I want to know whether or not that that request refreshes your recollection that you actually went to the O'Boyle Law Firm immediately after this meeting, prior to the 5th, within 48 hours, and spoke to some lawyer there and told that lawyer what occurred at the settlement conference? MR. HANNA: I'm going to object and instruct the witness not to answer with any questions discussing anything with his lawyers -- MR. SWEETAPPLE: Okay. MR. HANNA: -- if that happened. BY MR. SWEETAPPLE: Q. And you in fact repeated things that you alleged were said at the settlement conference, right? MR. HANNA: Objection. 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 THE WITNESS: I'm sorry, what was that question? BY MR. SWEETAPPLE: Q. You repeated to a lawyer or lawyers at the O'Boyle Law Firm between September 3rd, 2014 and September 5th, 2014 things that were said at the confidential settlement conference? MR. HANNA: Object and instruct the witness not to divulge anything that he may have discussed with his attorneys. THE WITNESS: I have to respond in one way though. It takes me 16 months to get a response to some of my record requests. If Mr. O'Boyle got a response that quickly, I'm just amazed to that record request. BY MR. SWEETAPPLE: Q. And if he didn't, that means he must have got it from someone else. A. Perhaps you. Q. Okay. A. Perhaps Mr. Morgan. Q. You'll tell the judge that you think it's me -- A. No, I didn't say I think it's you. MR. HANNA: Actually, what he thinks Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 128 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 doesn't make your case. You have to prove. It's your job to prove as the movant. MR. SWEETAPPLE: Right, right, right. And he can attempt to rebut my case by proving that I gave it to Mr. O'Boyle. MR. HANNA: He doesn't have to do anything until you prove something -- MR. SWEETAPPLE: Right. And I think -- MR. HANNA: -- okay? MR. SWEETAPPLE: And I can prove things by -- MR. HANNA: Okay. Well, just get on with the question and answers. MR. SWEETAPPLE: When I get my questions that have to be answered answered, I'll be able to prove my case and that's why we have courts to decide. MR. HANNA: Okay. MR. SWEETAPPLE: Let me show you what I'm marking as Exhibit 4. (Defendant's Exhibit No. 4 was marked for identification.) MR. HANNA: The public records request that we already had talked about in depth. Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 129 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 130 Q. Have you ever seen Exhibit 4 before? A. Yes. Q. Okay. When is the first time you saw that? A. About five minutes ago. It was on top of your stack. Q. No, it wasn't. It was just printed about a minute ago. A. Well, then it was two minutes ago. Q. It just was handed to me. It just came in from the printer. A. That's when I saw it. Q. Okay. So you've never seen it before I handed it to you right now? A. No, I've never seen this before. Q. And Airline Highway LLC is the same entity that Mr. Ring is representing that had the confidentiality agreement attached to the complaint, right? A. Are you telling me? Q. Are you aware of that? Do you -- do you happen to know that that's the case, that it's Mr. O'Boyle and Airline Highway LLC that are the plaintiffs in the case that discuss the, the settlement agreement and meeting -- or settlement 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 meeting of 09/11 -- 09/03/2014? A. I am now -- Q. Okay. A. -- if you're so asserting. MR. ROEDER: Do you have a copy? MS. BAILEY: I only printed one. I'll get more copies. MR. HANNA: look at it. It's all right. You can BY MR. SWEETAPPLE: Q. And do you recall ever being at any public meetings where Mr. O'Boyle asked you if you minded if he discussed the confidentiality mediation of nine -- of September 3, 2014 and you stated on the record you had no objection to him doing so? MR. HANNA: Objection, asked and answered. MR. SWEETAPPLE that. No, I haven't asked Page 131 THE WITNESS: I don't think that happened. BY MR. SWEETAPPLE: Q. Do you recall Mr. O'Boyle asking -- having a dialogue with you at a meeting regarding discussing the, the settlement meeting of 09/11/2014 [sic]? 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 132 MR. HANNA: Objection. THE WITNESS: I don't recall. I don't recall him asking if they could discuss it. BY MR. SWEETAPPLE: Q. Okay. And you knew -- A. I recall him asking if he could ask a question, I believe. If you have the minutes of the meeting, I'd be more than happy to confirm or deny what happened. Q. You knew that -- With regard to your statement that I, that you believe that I've extorted you on behalf of the town, can you tell me the contents of anything I've said that you believe was an extortion from you? MR. HANNA: Okay. I'm going to object and instruct the witness not to answer anything that would divulge the confidential settlement agreement -- or settlement meeting. BY MR. SWEETAPPLE: Q. Okay. Anything other than the settlement meeting of 09/03/2011, tell me anything. MR. HANNA: I'm going to object and instruct the witness also not to answer anything that was discussed by us as part Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 C 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 133 of attorney - client consultation. MR. SWEETAPPLE: Unless you've repeated it to other people, unless you've repeated it. If he's told you anything that you repeated to anyone other than your lawyer, I want you to tell me. BY MR. SWEETAPPLE: Q. What, what has Mr. Hanna -- has Mr. Hanna said anything to you that causes you to believe I have extorted you that you have repeated to anyone else? A. That's the question? Q. Uh -huh. A. I don't believe so. Q. Okay. A. If I understand your question correctly. It's a bit confusing. Q. Did Mr. Hanna ever tell you that I threatened you with criminal prosecution? MR. HANNA: I'm going to -- THE WITNESS: I don't think he would have used that language. But I don't want to talk about what Mr. Hanna ever told me. BY MR. SWEETAPPLE: Q. Have you ever told anybody that I threatened Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you with criminal prosecution? A. Criminal prosecution ... I can't recall that. Q. Have you ever written to anyone that I threatened you with criminal prosecution? A. If you're referring to the Bar complaint, I can't quote it verbatim. Q. No. Have you ever written to anyone, just anyone, have you ever written somewhere that I've threatened you with criminal prosecution? A. I don't recall. Q. Do you believe that I've ever threatened you with criminal prosecution? A. I don't know enough about the law between civil and criminal. If you give me a firm, clear example, I can confirm or deny it. Q. Well, did -- have you ever -- do you believe I've ever said that I'm going to file a criminal RICO case against you? A. No, not a criminal RICO. Q. Okay. Well, and RICO, you understood the RICO was a civil lawsuit, right? A. It's -- yeah, civil, alleged civil RICO. Q. Did you ever look up the word extortion before you used it in a writing next to my name? A. I don't know. The nuns had me look up a lot Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 134 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 135 of words, but I can't remember every word I looked up. Q. And did Mr. Roeder assist you in any writing where you used the word extortion repeatedly next to my name? A. Not going to talk about my work with Mr. Roeder; he's an attorney. Q. Well, Mr. Roeder filed the motions to disqualify and the amended motion to disqualify, right? MR. HANNA: No. I filed those. MR. SWEETAPPLE: Well, he drafted them as well, right? MR. ROEDER: Objection. MR. HANNA: I'm going to object as to who drafted. MR. SWEETAPPLE: It's not privileged. BY MR. SWEETAPPLE: Q. Did Mr. -- did Mr. Roeder -- A. Sure seemed like a privilege when we asked you during your deposition. Q. About who drafted something? A. All your work product and everything else we asked you, you just clammed up. I'm not sure why I'm under the -- 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 136 Q. I think we talked about what allegations Joanne wrote, what allegations I wrote because you thought I wrote these scandalous allegations and she actually pointed out on the record she wrote them. A. We were never able to determine that at your deposition. Q. I think, I think she put that right on the record. MR. HANNA: Okay. MR. SWEETAPPLE: So I'll just, I'll save that for another proceeding. MR. HANNA: Okay. MR. SWEETAPPLE: Anything else we have? All right. I don't have any further -- with regard to the other, the other sanction motion, do you want me to go ahead and go into that now or do you want me to just do that by separate -- MR. HANNA: What sanction motion? MR. SWEETAPPLE: This is the 57.105 with regard to the disqualification. MR. HANNA: We're not here for that. MR. SWEETAPPLE: Okay. So we'll do that separately, all right. And then maybe I'll do it at the same time if the court 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 compels him to come back on any of those answers. MR. HANNA: All right. Okay. Want to take a quick break, and I guess we'll get on to Lou? THE REPORTER: Read or waive? MR. HANNA: He'll read. THE VIDEOGRAPHER: Time is 1:01. Marks the end of the deposition. (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 137 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 OATH THE STATE OF FLORIDA: COUNTY OF PALM BEACH: I, the undersigned authority, certify that CHRISTOPHER F. O'HARE personally appeared before me and was duly sworn. WITNESS my hand and official seal this 3rd day of June 2015. VFW �,/ •�%��• ���y� n+• J�1�1/ /Iwvwr 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 Page 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 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. 3rd 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 Page 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 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. I PAGE LINE CHANGE REASON Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 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 Page 141 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. CHRISTOPHER F. 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 1s 19 20 21 22 23 24 25 June 3, 2015 Mark Hanna, Esq. In re: O'Hare v. Town of Gulf Stream Videotaped deposition testimony of Christopher F. O'Hare given on May 20, 2015 The referenced transcript has been completed and awaits reading and signing. Please have your client review your copy of the transcript at your convenience, or if a copy was not ordered, call our office at the below - listed number to schedule an appointment 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, your client may also opt to waive signature. If so, please have your client sign their 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, a G. Simescu, RPR I hereby waive my signature: CC: All counsel of record Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Page 142 19 33:7 $ 1:01 137:8,13 $700 120:21 2 0 09/03 27:25 31:23 32:2 54:5,7 58:22 59:2 92:14 109:10, 24 09/03114 110:12 09/03/2011 132:22 0910312014 91:23 112:7 131:1 09/11 131:1 09/11/2014 131:25 1 1 25:19,2131:15 33:14 40:24 42:5 92:2,5,7 10:28 4:6,15 11:08 46:12 11:19 46:15 11:24 51:20 11:25 51:23 12 91:15 93:22 95:2196:16 99:6 100:19 112:17 12:14 103:4 12:28 103:7 12th 94:3100:25 101:18,24 126:21, 25 14 26:1,12,2127:3, 7 28:3,23 30:4 32:8,18 44:2 55:24 14th 32:14 15 11:4 24:22 112:17 16 128:12 2 74:20,2186:18 91:23 92:3,4,6 100:3,19 20 4:6 104:22 112:20 2012 113:13 2013 18:124:12 39:1 2014 7:25 18:1 24:11,12 25:17 26:1,12,2127:3,7 28:3,23 30:4 32:8, 18,20,22 33:7,24 35:5 36:12 37:8 44:2,3,15 55:24 61:22 62:24 73:16 74:9 75:8,2178:7 79:10 86:5,19 88:2,10 89:7 93:22 94:1 95:21 96:16 99:6 100:19 101:18,23 107:1 112:22 113:9,24 115:16 119:1 121:15 122:7 126:6,11,16 127:4 128:5,6 131:14 2015 4:6,14 20th 4:14 J 3 7:25 32:20 33:24, 25 61:22,24 62:1,4, 5 63:175:8,21 88:2 94:195:22 96:5,12 99:23,24, 25 112:22 113:24 131:14 33431 4:20 3rd 24:1132:22 33:7 35:5 37:8 40:1142:12 44:3, 15 47:6 62:24 72:10 73:16 74:9 75:25 76:2 78:7 79:9 86:5,19 88:6, 10 89:7 94:3 96:15,19 101:23 105:11 107:1 113:9 115:15 119:1 121:14 122:7 126:11,21, 22,24,25 128:5 4 4 129:20,21 130:2 406 23:14 44 23:14 48 127:12 5 5 126:6 500 4:5,19 5550 4:4,19 57.105 5:24136:20 5th 126:16,22,25 127:4,11 128:6 8 80s 103:15 A a.m. 4:7,15 ability 123:23 above - entitled 4:11 above -named 4:12 absolutely 35:12 42:7 54:14,18 abusing 69:23 accommodate 13:1 accommodating 7:2 account 18:20,25 accounts 19:4 accused 7:10 52:23 acknowledged 44:1 act 115:2,20,23 118:2,11 acting 67:8116:11 actions 114:10 actual 99:16 add 27:24 addendum 7:21 28:15 additional 41:16 address 11:18 13:15 admit 20:2127:3, 7,12,13,15 advantage 95:9 adversary 66:20 80:9,16 adverse 90:21 advice 10:19,21,22 15:4 16:18 advise 108:15,16 advisement 46:8 advocate 63:9 affect 54:19 affirm 5:13 agency 56:14 agree 106:12 110:1 111:12 agreeing 27:23 agreement 19:24 20:3,5,24 21:9 27:23 29:3 59:17 72:9 82:3,94:10 95:15,16921,22 96:5,12 101:2,8,23 102:15 110:12,15, Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: S700-anteroom 24 125:22 126:8,12 127:6 130:18,25 132:18 agreements 19:10,13 94:11 ahead 21:1630:11 122:2 136:16 Airline 125:21 127:5 130:16,23 allegations 39:21 54:6 136:1,2,3 allege 40:14,20 60:4,8,13 alleged 5:22 23:13 26:8 36:6 46:25 47:14 48:13 60:9 75:20 127:23 134:22 alleges 13:5 alleging 54:9 allowed 30:6 59:14 85:11,12,13,15 115:10 alluding 32:6 amazed 128:15 ambiguous 117:9 amended 135:9 amendment 76:17 America 56:25 analysis 112:6 and/or 40:3 angry 71:23 72:2 announce 4:24 answer's 34:21 41:17 73:25 116:2 answering 7:17 107:22 118:9 answers 7:9,13 28:14 49:4 95:9 98:8 121:5 129:13 137:2 anteroom 34:2 anti -shush 90:8 91:13 anymore 22:19 73:11 apologize 6:8 46:20 apparently 32:5 appearances 4:24 appeared 15:6 77:15,23 106:5 appearing 25:16 75:22 76:6,11,25 applies 97:1 appointment 22:25 23:6 approval 112:8 122:17 approve 112:21 approved 113:11 argue 21:12 24:1 argued 68:6 argument 76:24 argumentative 117:9 arrive 118:22 arrived 113:10 article 68:7 ascertain 29:7 asks 7:22 asserted 45:21 asserting 131:4 assist 135:3 associate 103:14, 18,22 104:3,9 assurances 121:25 assuring 124:13 attached 4:9 92:21 130:18 attempt 36:10 70:6 129:4 attempted 51:17 52:3 53:9 55:12 attempting 59:7 109:4 attempts 53:4,14 attendance 8:9 attended 106:6 attending 25:25 attorney 9:24 10:1,3,6,12,13,19 11:6 25:12 26:15, 25 27:1,9,10,17 29:9 30:1,7 32:6 37:23 44:10,11 45:6,10,12 46:19 48:2 57:18 75:9,21 78:11,14,16 81:3, 11 103:10,11 II2:1 113:16 116:21 117:19 135:7 attorney - client 21:6 23:10 30:13 133:1 attorneys 4:24 8:10 26:22 32:24 35:7,10 37:19,20 40:3,10 48:20 66:1 78:12 81:25 82:19 89:13,14,15,16,17 108:23 128:10 attorneys' 17:6 45:22 112:24 audience 100:7 authority 107:13, 16 108:4,7,12 109:16 113:17,23 114:2,4,5,7,9,16 115:2,6,12,17 118:11,17 121:22, 23 122:8,17,24 123:4 124:2,9 authorize 88:7 award 45:22 aware 13:10,13,17, 21 16:12,15 36:20 37:6,9,15,17 52:14, 17,20 57:1178:14 82:10 83:19 84:7, 25 85:2186:4,13 87:11,22 94:7,19 101:16,20 106:15 116:9 117:2,4,17, 21 118:1,8,10,16, 18,25 121.14,17 125:19 126:2,6,12, 13 130:21 Rll back 23:224:22 35:16 44:19 45:21 46:16 51:24 59:25 60:3,17 70:5,14,21 92:13 103:8 104:25 120:14,24 121:4 137:1 background 8:8 bad 63:18 BAILEY 131:6 bank 18:16 Bar 16:13,16 53:18,20,22 54:3, 10 55:4 58:24 61:14 68:7 71:3, 134:5 baseball 116:13,19 based 20:1021:5 25:13 27:16 35:14 42:20 45:1,20 96:22 baseless 70:9 basic 32:5 basis 42:457:8 bathroom 103:1 bed 80:25 begin 46:11 beginning 4:6 63:12 67:11,14 123:1 126:4 behalf 15:6,12,17 50:5 52:7 87:11 92:22 108:12 115:2 116:11 122:7 132:12 belief 61:16 beliefs 61:18 believed 61:23 81.14 107:25 believes 59:10 believing 122:22 beneficial 123:11 benefit 57:16 billing 44:22 bind 107:16 115:17 123:4 binding 123:12 124:2 bit 41:10 79:5 133:17 Blanc 36:23 66:7 76:23 77:3 blanket 19:24 Bo 4:21 Bob 5:1721:10 27:2 58:20 67:2 69:4,15 84:3 85:18 97:14 125:23 Boca 4:5,19 body 113:18 124:6 bother 86:2 bouncing 120:15 bound 124:10 bracket 8:16 bracketed 25:19 brain 55:19 breached 59:16 break 34:345:16, 17 46:6,14 51:22 103:1,3,6 111:25 137:4 briefed 68:6 bring 7:2235:7,10 59:24 69:18,20 118:19 bringing 57:2 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: anti - shush -cert brought 5:19 56:10 61:6 77:22 105:10 build 116:19 business 69:15,17 103:14,16,18,22 104:3,7,9,16 117:20 123:7 Eq calendar 22:21 called 6:618:18 91.7 calls 56:22 calm 65:7 camera's 120:17 candor 30:8 case 5:196:18:10 19:22,23 57:24 58:23 60:24 61:7 75:3 77:18 78:5 79:20,24 80:1,6 81:12 87:16 90:10, 17,22 91:13 105:21 106:16,17,18 108:12 114:7,8,17 116:20 119:4 125:5 129:1,4,16 130:22,24 134:113 cases 13:18 15:1,3, 6 16:23 17:3,4 19:8 20:4,6, 23:21 30:5 52:19 53:5 57:25 61:6 75:12, 23 76:6,11,19,25 77:4,13,17,22 78:19,24 79:16,18, 20,25 80:6 81:12, 15,19,2182:7,14, 16 83:2 86:23,24 87:3 90:14 105:13 106:3,6,19 107:3 108:1,4,8,22 113:24 116:17 caused 46:21 ceremonial 118:5 cert 90:25 91:6 certificate 21:17 certified 5:11 43:19 55:8 98:4 111:18 Certify 55:7 chairperson 118:7 chambers 35:24 chance 6:3 7:20 33:2 46:18 change 21:14 characterization 110:2 charter 118:1,3 check 18:23 checked 120:3 checking 18:20 19:4 checks 17:9,15 18:2,6,12,17 Chris 27:20 58:24 Christopher 4:1, 16 5:1,3,9 98:16 cite 97:7 citing 76:16 city 10:25 93:20 116:10,22 117:18 118:19 122:4,23 civil 77:17,18 134:14,21,22 claim 59:15 claiming 87:17 claims 56:9,11,19 57:2,13 84:10,11 clammed 135:24 clarification 14:7 28:9 68:18 111:20 clarify 71:2 clear 8:10 14:8 24:3 28:19 40:21 75:19 113:7 134:14 clearer 116:5 client 12:728:10 39:8 108:15,16 clients 108:18 close 61:2 closer 125:10 coaching 43:7,8 Coastal 100:15 college 6:19 comfortable 54:12,16 59:23 comment 26:6 29:24 63:17 125:13 commenting 98:10 comments 102:13 commercial 104:13,15 commission 25:17 35:23 41:14 42:25 48:8 50:14 52:13 99:6 102:18 112:10,12 114:19 118:2 common 30:22,23 communicate 88:8 communicated 40:5 47:23 74:2 communication 29:13 47:21,22 48:5 92:19 111:5,6 communications 7:23 9:12 10:6,16 12:2 14:3 111:11 company 126:11 compel 45:21 111:17 compels 137:1 complaint 48:22, 25 53:18,20,22 54:3 55:4 58:24 61:14 71:4,5 88:22,23 130:18 134:5 complaints 26:16 27:10 31:11,16 32:25 33:10 35:21 44:11 56:1 57:21 completely 63:6 complicated 41:10 compound 117:9 computer 22:21 23:5 concentrate 7:4 concern 27:20 concerned 8:9 107:11 conciliator 79:7 conciliatory 80:16 concluded 66:4 1 11:22 137:13 conclusion 63:15 condition 6:6 conduct 25:14 66:13 67:5 109:4, 21 111:6 confer 45:18 conference 7:25 8:2,9 13:25 14:6 32:10,20 33:6 35:4,11,15,19 36:7 39:22 40:2114 41:2,13,15 42:6,10 44:4,15 47:1,6,7,8, 48:14,17 49:7,14 61:22 62:24 63:2, 3,6,7 73:17 74:317, 79:9,11,12 80:14 82:5 83:7,10 88:9 94:2 96:19 105:11 106:9 108:5 110:9 111:3,21 114:23 115:3 122:1 123:24 124:3,4 125:20 127:14,23 128:7 conferences 48:15 56:25 57:4,12 83:11,20 86:6,10, 14 94:20 confess 34:8 confidential 5:23 10:7 24:10 30:17 33:5 38:13 47:7 55:17 82:9 83:22 84:8 86:5,6,9,15,20 87:3,4 94:2197:20 101:2 102:15 125:21 128:7 132:18 confidentiality 27:22 42:2154:11, 18 59:16 94:9,10 126:8,12 127:5 130:18 131:13 confirm 61:10 132:8 134:15 confirmed 120:2 confused 10:3 92:2 114:25 127:1 confusing 85:8,14 115:4 133:17 consent 88:13 consultation 133:1 consulted 108:23 consulting 98:23 contact 10:14 contemplated 45:14 contempt 60:9,10, 14 content 36:8,18,25 40:2 63:18,21 114:6 122:12 125:15 contented 63:20 contents 12:5 31:23 54:7 58:21 74:3 89:6 108:10 132:13 context 48:16 49:17 52:4 71:3 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: certificate -court contexts 52:16 contingency 20:10 continue 29:10 62:18 69:5 98:1 continued 70:9 continuing 70:4 contract 11:7 19:14 contracts 19:15,16 116:14 117:20 control 108:17,19 conversation 46:3 conversations 11:1139:13 40:10 Cooper 4:21 copies 7:22131:7 copy 25:18 74:14 99:7 100:18,21,22, 23 101:1,3,22 102:3 120:19,20,22 125:21 131:5 correct 8:12 9:20 27:17 30:14 44:4 53:9 101:24 103:11 correctly 9:18 133:16 council 114:23 115:1,5 116:10,16 117:18 118:19,20 122:18 counsel 72:1183:3 92:17 1052,3,13, 20 106:2,3 113:1 counsel's 57:7 85:9 105:22 117:10 country 117:21 court 4:9, 15:12 24:2 29:19 71:1,13 90:12 119:20,24 120:1 121:2 136:25 court's 86:1 courts 13:22 129:17 cover 20:6 create 21:17 created 10:17 crime 52:15 criminal 133:19 134:1,2,4,9,12,14, 17,19 current 13:8 D damage 56:16 date 7:25 34:1,7 82:8 110:22 dates 44:23 daughter 37:25 38:4 day 4:14 56:25 66:24 117:21 Day -timer 22:16 23:4 Day - timers 22:18 24:22 days 94:1 125:19 126:2,11 deafness 6:17 deal 24:25 97:8 dealing 123:18 124:11 deals 117:20 dealt 98:22 debate 111:8 decide 87:6 129:17 decided 29:8 30:11,17 35:7,10 69:19 90:14,18,23 91:1 105:15 decision 105:16 113:6 deem 9:12 defamation 58:23 defendant 4:10 defendant's 74:21 99:25 129:21 define 81:6,8 104:4 definition 83:9 degree 8:16 delay 46:20 deliberate 107:8 deliver 91:21,22 92:8,12 demand 35:20 57:1,12 demanded 55:25 61:5 demanding 53:4 107:2 denied 90:9 91:5, 121:7 deny 26:9 132:8 134:15 depending 118:1 deposed 34:9,11, 14,15,18 deposing 9:15,17, 19,2134:23 deposition 4:1,8, 16, 5:18 6:2,4 10:25 11:20 23:12 28:17,2134:4,5,22 55:159:6,19 61:20 62:10,12,17 64:3,8, 14,18,22 65:15 66:4,15 67:1,8 68:25 69:1,7,8 70:7 72:15,25 92:6 98:11 100:4 119:25 135:21 136:6 137:9,11,13 depositions 68:11, 22,23 depth 129:24 Desouza 48:19 destroy 119:25 destroyed 120:7 details 78:5 122:1 determine 136:5 develop 59:15 device 91:1 dialogue 96:4 131:24 diatribe's 25:4,8 difference 95:13 107:17 difficult 7:4 direct 5:1429:13 directly 28:12 33:4 disclose 87:7 disclosed 15:17 28:16 54:7 82:23 disclosing 27:25 disclosure 5:23 84:13 discovery 24:4 discuss 10:20 15:24 22:3 36:10 54:2 71:5 73:3 81:15,18,21 83:2, 23 84:10,14,96:18 107:14,16,19 108:9 114:6 130:24 132:3 discussed 27:4 28:12 30:4 35:18 39:14 59:181:24 82:15,19 83:4,8,21 87:2,4,7 88:25 91:14,24 107:9 112:7 113:8 128:10 131:13 132:25 discussing 22:7 86:23 119:5 127:17 131:24 discussions 39:20 82:7 85:23 86:18 88:3,4 110:21 111:23 116:12 dismiss 56:18 57:14 61:6 106:17, 18 108:22 dismissal 106:10, 13,20 dismissals 57:1 108:24 dismissed 57:13 106:12 dispute 80:24 disputes 84:18,19 disqualification 63:10 136:21 disqualify 5:25 76:14,17 77:13,16, 21 135:9 dissemination 14:10 distinction 80:7 distract 7:8 distracted 124:5 distracting 7:16 divulge 32:136:25 42:1 109:9,24 128:9 132:17 divulges 111:13 divulging 111:2 124:21 doctors 6:18 document 74:25 86:2191:22 92:1, 14,19,20,2193:1 94:8 110:17,18,23, 24 111:1 124:2,9 door 34:3 doors 72:23 dot 53:5,6,7 dozen 22:14 drafted 135:12,16, 22 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: court's - engine drawn 26:16 31:11,17 32:25 33:10 35:22 44:12 56:1 driver's 13:8,11 drop 53:5 duly 5:10 97:9 duty 30:8 E e -mail 72:19 73:10 76:9,10,24 77:6 e- mailed 37:21 39:17 47:13 74:8 75:2176:5 e -mails 7:23 47:22 early 24:12 ears 6:6,15 easier 13:3 economy 53:16 education 57:17 effect 26:19 effort 56:17 123:9 elements 60:14 eleven 69:8 elicit 27:21 emergency 66:6 employed 9:7 encounter 39:11, 12 encourage 83:22 84:9,17 end 63:18 123:12 137:9 energy 91:1 engage 95:8 116:11 engaged 19:21 51:8 engine 6:21 entire 30:12 42:25 46:2 88:22,23 96:4 entirety 49:1 entities 126:7 entity 130:16 establish 59:7,11, 18 60:1 eternity 8:24 eventually 122:13 exact 17:14,25 29:20 53:8 98:25 EXAMINATION 5:14 excerpt 99:17 excerpts 49:3 88:18 99:5 exchange 57:1 Excuse 63:24 excused 137:12 exercised 87:9 exhibit 25:19,21 31:15 33:14 40:24 41:13 42:5 74:12, 20,21 86:18 91:23 92:2,7 99:3,22,25 100:3,19 129:20,21 130:2 expect 37:19 84:5 108:19 125:2 expectation 42:21 45:13 124:24,25 expected 115:19 124:18 expecting 107:2 expedited 67:6 expensive 26:17 27:1131:12,17 33:1,1135:22 44:12 56:2 experience 45:1 57:17 84:3 explanation 123:7 exploration 119:6 exploratory 124:3,4 explore 113:15,18 116:14 117:19 118:21,23 exploring 119:1,4, 18 121:16 expressed 55:23 extension 50:6 extent 88:12,14 extort 52:3 53:4,9, 14 55:12 58:19 109:4 extorted 49:17,19, 20,2150:1,9,13,18, 24,25 52:7 54:24 63:15 110:6 122:25 132:12 133:10 extorting 52:10 56:5 58:12,13,15 60:24 61:2,5,13,17, 23 62:25 63:4 109:22 extortion 50:3,4 51:9 52:14,20,24 56:11,22 57:2,22 58:9 59:10 132:14 134:23 135:4 F face 13:2 fact 7:13 29:7 30:17 36:2155:24 79:23 81:15 85:17 90:4 118:13 127:22 factual 61:19 faith 123:9,19 124:12 false 101:10 family 70:2 Fargo 18:19,24 fear 84:13 federal 12:8 48:22 79:25 80:3 87:15 fee 20:24 feel 61:171:17 125:9 feeling 83:1 123:13 fees 5:2517:6,12 20:10 45:22 112:24 fellow 94:12 felony 52:17,20 felt 50:10 63:6,11, 12, 17,18 71:21 82:12 figure 118:5 file 4:9 53:22 57:14,20,24 97:7 98:2 106:20 108:24 134:17 filed 14:9 15:16 48:23 53:18 75:16, 18 76:14 77:12,16, 79:2187:12,15 88:17 92:22 106:11,19 135:8,11 filing 66:6,22 finalize 108:6 finally 114:7 find 23:12,15 24:17 28:10 60:20 70:24 125:16 finder 118:13 fine 37:4 85:3 93:19 95:12,14 finish 67:3107:22 115:10 117:12,14 finished 118:9 firm 9:8,10,11 11:17,23 12:1 14:9 17:7,10,13,16,19 18:3,4,5,7,10,13 19:5,7,11,17 20:19, 25 21:2,9,2122:9, 12,23 23:1,6,20,25 24:6,16,24 57:9 88:2,6,8 89:18,22 90:6,13 91:9,18,24 93:6 96:15 127:4, 10 128:5 134:14 firm's 20:2 fit 68:1 Florida 4:4,5,20 13:8,10,14 14:24 15:2,7,24 16:13,16, 19,21 18:9 52:21 54:10 67:16,18 68:7 97:2 focusing 25:20 force 106:16 forever 34:12 form 40:8,1941:5 44:147:17 48:3,7 50:20 56:12 58:1 60:25 61:8 63:14 73:18 77:25 80:9 84:1,2187:20 89:9 91:1192:23 93:2,9 95:23 107:5 113:19,115:25 116:6 117:22 119:11 122:10 formal 10:14 formulated 79:21 forthright 44:21 forum 49:17 found 118:14 fourth 32:7 freely 84:10 frequently 34:16 friend 104:18,20 friends 41:21 front 34:3 100:14 102:17 fruitful 107:21 G game 112:24 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: entire -hac gave 14:1643:11 99:7 129:5 general 8:17,18 37:13 47:8 114:13, 14 Gerald 57:18 Giovani 12:9,12 give 8:17 17:14 60:2 69:16 93:5 115:1 120:21 121:24 134:14 giving 7:8, 115:12 Glades 4:4,19 goal 123:11,14 good 5:16,17,18 12:20 16:5 66:24 123:9,19 124:11 government 94:11 governments 94:20 graduated 10:8 Graphieworks 4:23 grounds 23:9 group 33:16 guess 16:1 80:7 90:24 137:4 guessing 45:2 guide 44:25 Gulf 4:17 5:6,20 13:14 16:23 26:1 29:5 31:3 39:23 40:4,15 55:11 75:2,5,12,22 76:11, 25 78:9,14,16 79:15 106:3 gun 35:6 guys 20:20 58:9 H hoc 12:14,1713:19 16:25 half 97:18 hall 9:14 10:25 93:20 122:4 hand 92:8,12 110:17 111:1 handed 22:18 91:25 110:23 130:10,14 handing 111:7 handwritten 94:9 101:7 102:14 110:12 Hanna 5:18:11,14 9:2 10:6 14:13,17 20:13,15 21:3,6,10 23:7,10,19,24 24:9, 18 25:2,5,13 27:18 28:4,8,25 29:12,17 30:16,21,24 31:2,5, 10,20,2132:11 33:20 36:9,13,16, 20,24 37:2,7,18,23 38:7,9,15,16,19,23 39:5,8,13,18 40:7, 18 41:4,24 42:15, 23 43:4,8 45:18,24, 25 46:6,10,25 47:15,16,24 48:3 49:7,13 50:20 51:1,10 54:1,21 55:2,7,13 56:12 57:6 58:1,20 59:4 60:6,11,15,25 62:8, 19,23 65:7,17,21, 24 66:9,14,25 67:10,13,17,19,23, 25 68:8,13,24 69:3 70:4,19 73:18 74:11,15,17 75:24 76:3,5,10,23 77:25 79:9 81:22 82:17, 24 83:25 84:20 85:2,6,8,12,18 86:1187:20 89:8, 9,19,25 91:11 92:23 93.2,9 94:22 95:4,23 96:7,20,24 97:3,9,14,17 98:3, 7,17 99:2,8,10,14, 19,22,24 101:25 102:4,19,25 103:19,24 105:22 106:21 107:5,10 108:25 109:7,19 110:13,19 111:2,8, 12 113:19,115:25 116:6,25 117:5,8, 13,22 10:10 120:5,10,13,23 121:4,10,12 122:10 123:5 124:20 125:6,23 126:3 127:15,20,25 128:8,25 129:6,9, 12,18,23 131:8,16 132:1,15,23 133:8, 18,20,23 135:11,15 136:9,12,19,22 137:3,7 Hanna's 36:22 39:2 68:24 happen 130:22 happened 16:8 27:22 28:14 31:24 32:9 39:22 54:5 98:19 109:10,24 110:15,20 111:3 118:16 125:11 127:20 131:21 132:9 happy 45:1751:13 68:3 132:8 hard 98:15 hate 13:134:12 he'll 120:4137:7 head 35:6 hear 12:24 25:6 33:3 43:22 62:2 68:3 80:18 94:16 98:24 102:14 109:18 125:23 heard 32:1243:21 49:23 58:6 101:5 hearing 76:23 101:4 hearings 106:5 held 4:18 100:3 hereinafter 5:11 Highway 125:21 127:5 130:16,23 hired 39:5 hitting 111:7 hold 100:6,7 honest 30:9 hourly 20:12 hours 97:18 102:24 127:12 hundred 120:20 hurt 71:24 72:3 hurting 69:16 I idea 22:13, 80:15 81:16 91:8 93:3,5 95:24 96:2 101:9, 22 102:2,5,12 105:19,24 126:10, 13 identification 74:22 100:1 129:22 identity 12:5,7 ignore 91:2 Illegally 54:10 imagine 52:16 112:25 Immediately 127:10 Implying 58:17 impression 86:22 impressions 123:2 improvements 116:18 including 55:23 independent 118:2,12 individually 50:24 individuals 18:5 41:1 influential 108:14 information 23:17 29:23 30:1 32:2 35:14 38:17 39:18 42:1,20 44:7,17 54:4 59:9 124:22 informed 97:12 inquiries 20:17 inquiring 28:23 inside 34:2 instance 4:10 16:24 44:22 instruct 20:15 21:3 23:8 31:6 41:25 54:159:20 81:23 82:18 89:20 96:21 109:7 127:16 128:8 132:16,24 Instructed 21:11 instructing 59:22 109:19,23 instruction 24:25 28:7 59:2160:2 instructions 21:18 98:1 Intend 45:20 intent 80:24 123:9, 23,25 Intention 38:13 123:10,16 124:12 intentional 60:12 Intentionally 59:16 Interest 35:3 81:9 interested 123:19 interesting 101:19 interests 104:16 interfere 70:8 interject 27:19 Interrogatories 49:5 interrogatory Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: half -knew 49:8 Invite 72:17,20 73:1 105:15 involve 106:10 involved 14:9 48:14 56:7 83:12, 16 108:23 involves 81:24 involving 78:25 79:16 97:2 106:9 115:22 issue 20:17 97:8 123:20 issues 83:20,23 86:1 J Jersey 13:24 Jesus 67:9 97:16 jet 6:21 Joanne 33:19 36:10 37:18 47:2 48:198:16 136:2 Joanne's 37:14 job 59:21 129:2 joint 90:4 jointly 91:9 Jonathan 12:13, 17,22 13:4,7,18,22 14:21 15:24 16:9 18:8,1121:24 36:3 judge 36:23 62:15 66:6 68:3 76:23 77:3 86:2 91:1 128:22 K kick 67:13 kind 66:13 knew 37:3 79:8 80:10 81:2 108:21 132:5,10 knowledge 9:9 30:22,23 42:12,13 88:14 112:18 L language 124:6 133:22 Large 4:4 law 9:8,10,11 10:8 11:17,22,23 12:1,8 14:9 16:3,17:7,9, 13,16,19 18:3,4,5, 7,10,13 19:5,7,11, 17 20:2,19,25 21:2, 2122:8,12,23 23:1, 6,20,25 24:6,16,24 28:18,22 45:8, 57:9 67:16,19,21 68:14,16 87:18 88:2,5,8 89:18,22 90:5,13 91:2,9,18, 23 93:6 96:15 111:9 116:20 118:18 122:5 126:19,22 127:4,10 128:5 134:13 lawsuit 23:17 24:8 26:17,2127:5,11 31:12,17 33:1,11 35:22 44:12 56:2 57:8,20 87:12 89:1,23 90:7 92:21 106:11,12 134:21 lawsuits 57:1,14, 15 69:20 106:10 112:14 lawyer 9:1 12:7 21:22 42:20 57:17 98:21 104:17,20 106:10,17 116:10 127:12,13 128:4 133:5 lawyer - client 9:13 10:17 12:2 97:22 lawyers 14:316:10 18:3,6 23:24 83:13 84:4 98:18 106:19 112:11,20 113:3 115:23 116:12,17 127:18 128:4 lay 31:15 lead 9:3 85:11 86:22 108:9 109:21 115:6 leading 85:10,13 learn 122:5 leave 63:25 65:5 67:11 leaves 123:12 leaving 66:19,21 left 61:2162:23 63:171:22,23 87:6 110:5 111:23 122:24 legal 4:22 10:21,22 11:10,15 15:24 18:9 22:3,7 39:5, 14 42:18 45:15 54:19 65:11 105:7, 8 lesson 58:9 letter 123:8,23,25 liability 20:21 license 13:8,11,13 life 7:8 limited 32:14 lip 107:20121:23 Lisa 4:2 listen 21:13 64:17 lists 13:14 litigation 8:12 20:156:8 85:24 115:6 LLC 125:21 127:5 130:16,23 lock 72:23 long 8:14,1826:17 31:11,1733:1,11 35:22 44:12 56:1 104:19,21 long -term 103:14, 22 104:3,8 long -time 103:14 longer 63:8 looked 12:16,18 15:11,14,88:16 135:1 lot 13:3 61:18,20 63:11 122:3,4 134:25 Lou 5:3 98:17 137:5 louder 6:25 M made 17:15 18:6, 13 21:10 27:4,8,12, 13,16 29:22 31:18, 25 33:13,15,17,18 35:19,20 38:12 40:25 41:14,22 42:2144:1,21 46:25 49:6 59:14 101:16,20 102:13 113:6 125:20 126:7 main 105:1,3 maintain 10:5 52:6 maintained 83:22 86:14 majority 77:3 make 7:4 29:11 42:17 45:6 57:21, 25 59:2162:11 74:17 85:16 97:23 109:5,16 114:5 118:15 129:1 makes 97:24 making 27:1643:6 62:9 76:23 85:18 malady 6:17 manager 116:10, 22 117:18 118:19 manner 67:8 mark 5:18:11 33:20 43:14 98:1, Index: knowledge- mention 17 109:18 Mark's 37:2438:4 marked 25:18,21 74:14,19,2199:25 129:21 marking 129:20 Marks 137:8 Marrett 9:210:6 Martin 36:2,6 37:22 38:19,23 39:4,7,14,17 41:21 48:11,23 63:25 72:12 73:15 91:10, 18 Marty 37:24 38:3 89:2,3 126:15 materials 27:25 matter 4:17 15:25 16:1992122:3 24:7 81:15 118:18 matters 14:10 22:7 23:13 24:1137:22 39:5 58:25 78:24 105:7,8 mayor 9:15 26:14, 24 27:8 29:5 44:9 48:23 95:16 108:3 114:4 115:6,17 116:9,20,21 117:17 118:2,4,11,20 123:22 124:1,8 125:3 means 16:21 118:24 119:2 128:17 meant 53:12,16 mediate 63:9 mediation 5:24 29:3 59:17 82:8 85:25 86:20 87:8, 13,17 88:9 97:2,21 101:2 106:8,15 131:13 mediations 83:16 84:8 85:1,22 86:5, 8 94:20 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 mediator 78:10 80:9,16 mediators 78:12 medication 7:3 meet 9:11 116:16, 21 117:19 meeting 24:9,10, 25:17,25 26:3 28:1,24 29:2 30:19,20 31:23,24 32:3,15 37:3,6,8,9, 12,14,15,17,18 39:10 40:1144:24 50:14 52:13 54:5,8 55:16,17 57:19 58:5,22 59:2 63:12,16,18,19,21 71:20,22 72:1,7,10 75:25 76:2 79:1,3, 5,14 80:21,23 81:3, 4,17 82:13 87:2 90:9 92:15 93:20 94:5 96:17,98:19, 20 99:1,4,6,11,20 107:4,12,22 109:5, 6,10,25 110:6 114:11,15,22 115:7,9,11,16,18 118:6,7,16,21 121:15,20 122:7, 13,15,21 123:3,16 124:7,8 125:3,10, 11,15 126:17 127:11 130:25 131:1,24,25 132:8, 19,22 meetings 5:23 22:22 24:4,6 37:12 44:24 87:25 88:3,4 91:17,19 93:24 101:4,10 122:4 131:12 member 16:12,15 116:10 117:18 members 88:1 113:2 men 118:20 mental 123:2 mention 96:5,11 102:6 mentioned 37:24 Mesa 12:10,12 21:24 message 73:8 messages 7:23 met 11:1615:23 16:3,6 22:2,5,6,8 23:16,24:23 36:20 37:11,38:19,22 39:8 88:5 96:14 105:20 mind 7:1521:14 46:23 minded 131:12 mine 74:16 minute 70:24 130:8 minutes 26:299:1, 4,11,15,18 130:5,9 132:7 mischaracterizati on 58:2 95:4 109:1 misquoting 117:10 misstated 61:25 misunderstand 68:16 misunderstandin g 46:21 misunderstood 68:13 moment 11:21 22:155:20 63:5,8 72:4 111:22 112:19 money 12:6 18:8 19:5 111:10 moneys 17:18 months 91:15 128:12 Morgan 9:16,21 10:25 26:14,25 27:9 29:5 42:24 44:10 48:23 58:6 61:23 87:16,19 95:7 98:17,18 108:3 115:6,17 118:11 123:23 124:1,9 125:3 128:21 Morgan's 11:20 morning 5:16,17 motion 5:24,25 23:13 27:24 28:16 60:5 63:10 66:6,23 76:14,17 77:12,16 87:22 88:18 97:7 98:2 111:15 135:9 136:16,19 motions 5:21 12:17, 75:18 77:21 135:8 motive 59:8,11,15, IS 60:1,4,8,10 movant 129:2 move 24:245:21, 22 55:3 58:20 60:15 62:19 69:11 97:3 111:16 moving 43:15 59:24 66:5 multiple 68:9 municipality 113:15 116:11 Mutual 81:7 mutually 123:11 W names 40:5 narrative 117:13 narrow 52:4 nature 14:282:8 86:20 necessarily 61:19 72:7 negotiations 118:3 123:13 Nick 12:9,12 nonparty 69:10 Notary 4:3 notation 23:5 note 97:9 noted 23:1 nothing's 90:23 notice 4:76:2,12 7:21 106:13 November 25:17 26:1,12,2127:3,7 28:3,23 30:4 32:7, 14,18 35:24 44:2 55:24 61:22,24 62:4 72:9 126:16 number 17:14 30:25 90:14 numerous 112:9 115:23 nuns 134:25 f7 O'boyle 9:7,10,11 11:16,22,23 12:1, 13,22 13:4,18,22 14:9,21 15:24 16:3,7,9 17:7,9,12, 16,19 18:3,4,5,7,9, 10,11,1319:5,17 20:19,25 21:2,21, 25 22:8,12,22,25 23:6,17,20,25 24:6, 16,23 36:1,2,3,6 37:22 38:3,20,23 39:4,7,9,14,17 41:22,23 48:11,17, 23 49:1157:8 63:24,25 64:3,4,5, 8,9,11,12,14,15,19, 23 65:1,4,8,10,12, 14,16,18 66:19 67:7 72:12,14,19 73:4,15 87:12 88:1,5,8,17,25 89:2,3,18,22,23 90:5,6,13 91:9,10, 17,18,23 92:22 93:1,6 94:5,7,16 95:8,12,20 96:15 98:14,24 100:3,18 101:1,6,11,22 126:15 127:10 128:5,14 129:5 130:23 131:12,23 O'boyle's 12:17 13:7 49:4 119:21 126:7,11 O'connor 33:19 36:11,20 37:7 47:2 48:1 87:17 98:16, 20,22 O'hare 4:2,16,17 5:2,4,9,16 54:6,24 57:4 66:167:24 75:2,5 88:195:14, 17 98:16,18,21,23 122:3 oath 89:5 object 23:731:5, 2140:7,18 41:4,24 47:16 48:3 50:20 56:12 57:6 58:1 59:21,22 60:25 61:8 73:18 77:25 81:22 83:25 87:20 89:9,19,25 91:11 92:23 932,9 94:22 95:15,23 96:20 98:9 103:19 107:5 113:19,115:25 116:6 117:22 122:10 124:20 127:15 128:8 132:15,23 135:15 objection 21:10 25:128:7 38:9 42:18 43:6 51:1,10 55:13 852,6,7 95:17 96:7 97:23 101:25 102:4,19 103:24 105:22 106:21 107:10 108:25 110:13,19 116:25 117:8 123:5 127:25 131:15,16 132:1 135:14 objections 45:7 62:9,12 70:10 85:19 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: mentioned -order obtained 39:18 obtaining 102:7 obvious 113:5 occasion 9:1434:3 occasionally 37:10 occasions 34:17 occurred 24:10,12 32:19 37:3,6,15 40:3,15,20,25 47:1, 24 73:16 88:9 89:6 127:13 occurring 100:11 October 42:24 offered 36:22 office 33:23 34:8, 10,16,35:19 37:14 39:2 72:23 126:19, 23 Offices 16:4,7 official 26:2 74:11 87:19 115:20 officially 9:5 open 68:11 85:23 94:11 116:13 opinion 11:10,15 54:19 57:18 63:14 91:3 95:10 107:18 opinions 10:23 11.2,3,12 opportunity 45:24 95:10 opposed 80:9 81:19 opposing 116:12, 17 oral 48:7 orally 33:8 orchestrates 118:6 order 56:8 59:11 68:12 106:18 113:14 other's 81:9 outburst 69:10 119:21 outbursts 70:8 outrageous 70:7 P p.m. 137:14 paid 17:6,1218:3, 4,8 pal 64:1665:9 paranoid 58:17 paraphrasing 41:14 58:4 Pardon 67:12 part 41:16 50:5 59:15 95:19 132:25 participating 82:4 parties 40:16,17 47:2 57:12 59:14 86:13 116:22 117:19 118:22 123:10 party 38:1245:11 57:14 95:15 past 11:2494:1 pay 19:4111:10 120:20 121:2 payable 17:15 paying 17:18 66:3 112:24 payment 12:6 20:9 PCA 91:7 penalized 66:17 penalizing 69:22 pending 4:115:21 16:19,2175:12 77:14 82:5 90:10, 11 112:14 Pennsylvania 14:22 people 30:25 33:16 40:17 57:166:24 71:25 72:4 82:23 83:22 84:9,17 85:22 107:1 112:9 II3:11 116:12,13, 17,18 119:3 120:12 121:10 123:12,19 124:17,18125:13 133:3 permanently 23:2 permission 88:13 person 56:18 personally 39:20 50:22 51:6 52:25 126:15 perspective 45:8, 9,10 phone 11:4 22:20 88:3 physical 6:17 11:18 physically 22:12 pick 74:18 pilot 13:13 pitching 68:1 place 33:6 86:19 115:8 120:16 plaintiffs 130:24 play 120:5,12 pleading 88:16,20, 22 92:7 pleadings 14:8 point 6:5 82:25 pointed 120:18 136:4 policy 84:17 portion 29:18 70:25 71:12 111:20 position 98:6 121:24 125:3 possibilities 85:23 possibility 12:20 16:5 124:14 possibly 16:132:2 44:25 122:6,16 123:3 potential 43:11 84:10,18 preceding 43:19 98:4 111:18 predicate 31:15 preliminary 112:8 prepared 55:15,18 preparing 121:2 prerogative 97:25 present 8:138:20, 23 47:9 87:19 93:20 94:4 110:11 119:2 preserve 119:22 pressing 7:7 pretty 14:8 28:19 81:17 113:5 previous 44:5 109:20 previously 10:2 printed 130:7 131:6 printer 130:11 prior 26:2030:4 32:18,22 36:11 37:7 42:12 75:8,20 79:9,14 86:4 95:21 101:17 107:11 122:15,21 126:15, 24 127:11 privilege 21:7 23:10 30:13 36:16 45:12,14,19 46:21 96:23 97:22 135:20 privileged 9:13 10:18 12:4,6,8 14:4 29:24 31:1,7 36:15 42:16 43:3 Index: other's - questioning 44:25 45:3 46:2,11 89:10 90:2 135:17 privileges 28:19 45:20 pro 12:14,17 13:19 16:25 56:6 problem 6:17 69:14 problems 44:20 58:8 proceeding 136:11 proceedings 67:5 68:10 product 135:23 proffering 127:3 program 23:5 progressively 6:20 prohibits 56:14 prosecution 133:19 134:1,4,9, 12 prosecution ... I 134:2 prospective 116:22 protected 97:21 protective 68:12 prove 60:10,12 129:1,2,7,10,16 provide 20:928:21 118:4 provided 26:4 99:13 proving 129:5 public 4:3 17:2,4 19:22 31:18 45:1 56:14 68:1177:13, 22 78:19,23 79:20 80:6 81:12,18 84:17 87:19 90:9 93:24 101:16,20 102:6 115:7,9,11 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 121:7 125:17 127:3 129:23 131:11 publications 59:8 publish 29:8 30:12 59:9 published 31:18, 42:19 46:2 59:13 Punch 65:8 purpose 28:9 84:7 113:9,12 119:6,17 purposes 84:9 85:22 118:3 121:15 pursuant 4:7 put 23:4,1735:6 66:12 76:22 80:25 111:14 119:20 136:7 n qualifies 10:18 qualify 16:20 43:21 question 6:247:18 14:12,15917920 15:15 20:18 21:19, 23 27:692128:5,14 29:12, 35:16 38:10 41:16,25 43:12,17, 18,19 44:13,20 45:23 46:4,8,22 49:9 55:8 58:16 60:18 62:20 63:14 68:18 70:13,15,22 71:9,15 73:22 74:5 84:23 85:1194:13 95:16 97:14 98:498 106:14 107:23 109:20 110:3,14 111:18 112:4 116:23 117:3,16 119:13,16 120:24 127:7 128:2 129:13 132:7 133:12,16 questioning 85:15 questions 7:5,17 21:15 22:4 26:7 28:1149:10 58:21 59:2 60:16 66:18 70:3 74:5 85:13,14 95:9 120:14 121:5 127:17 129:15 quick 102:25 103:3 137:4 quickly 128:14 quid 56:6 quiet 64:22 65:6 quo 56:6 quote 31:16 53:8 61:10 94:8 134:6 R racked 55:18 Randolph 87:16 ranging 83:20 85:23 rapport 81:7 Raton 4:5,19 reach 123:14,17 reached 112:22 124:13 reaching 123:10 read 29:16,18 60:17 67:18,21 68:9 70:21,25 71:12 98:15,16 137:6,7 reading 137:10 ready 46:22 69:3,6 real 32:4 reality 56:17 realize 57:5106:8, 25 112:7 119:17 reason 14:16 69:17 83:2184:16, 25 rebut 129:4 recall 9:16 11:2,21 12:9,10,21 13:20 15:3,8,10 16:5,8 17:5 20:11,14 22:1,7 25:16 26:18 34:6,7,9,20 36:4 38:1,6,17,24 42:14 48:10 49:15 50:10, 17 51:6,12 52:4 53:2 55:20 76:9, 12,13,16,22 77:2,9, 1194:4,6 95:18 102:16,21 106:7 115:12 131:11,23 132:2,3,6 134:2,10 received 7:24 75:9 recently 90:18,22 recess 51:18 reciting 76:13 97:20 recognize 56:24 74:25 recognized 115:21 recollection 25:25 127:2,9 recommend 45:5 record 4:14,25 8:10 22:20,21 24:24 25:4,9 26:13 27:20 29:11,18 44:22 45:2 46:13, 16 51:21,24 54:15 60:1165:20,21,23, 25 66:4 70:6,14,25 71:12 101:20 102:6 103:5,8 105:13 106:3 119:20 121:7 128:13,131:15 136:4,8 records 17:2,4 19:22 22:16 24:5, 15,44:23 77:13,22 78:19,23 79:20 80:6 81:12,18 125:17 127:3 129:23 redacted 44:23 reference 41:12 42:5,8,10 44:2,6 referenced 50:5 references 87:21 referencing 61:15 referred 11:1 87:14 referring 27:1 44:8,14,16 90:25 134:5 refreshes 25:24 127:9 refreshing 127:2 regard 5:19,20,22, 25 7:219:15,19 11:22 14:2128:20 32:9 37:22 39:21 40:1,2,15 47:14,25 72:9 73:16 78:24 81:11 107:25 118:10 132:11 136:15,21 reinforced 82:12 reiterated 33:22 relate 31:3 36:9 related 6:16 24:7 47:15 relationship 10:17 81:5 104:13, 15 relevance 24:13 relief 23:14 24:3 87:22 88:19 rely 125:4 remain 82:9 86:20 872,4 remember 9:18 17:20 26:8,11,19 33:3,19 34:17 36:5 51:2 53:7 55:19 70:15 78:2,4,5 79:4 98:25 100:14 112:19 115:7,8 126:9 135:1 repeat 45:1162:20 70:12 repeated 38:11 45:13 46:24 127:22 128:4 133:2,3,5,10 repeatedly 55:23 135:4 repeating 38:16 rephrase 6:25 30:19 61:12 62:21 10622 109:15 110:2 117:16 122:20 report 118:14 reporter 25:6 60:19 70:16,23 71:1,11,13 80:18 100:15 119:20 121:2 137:6 represent 10:15 11:8 77:20 91:10 representation 20:2 29:4 55:11 75:10 77:8 78:7 80:15 90:5 representative 50:21 113:16 represented 8:14, 18 9:4,5 11:23 13:19,14:22,24 15:1,4,12 16:25 17:3 19:14 20:19 78:8,9 79:15,18 89:15 104:19 representing 4:22 9:20 12:14 16:22 19:7 52:8,75:11 77:4,17 78:18,20, 23 80:5,8,11,13 124:12 130:17 represents 8:11 12:19 13:23 23:20 90:6 98:21 104:16 request 17:3,4 101:17,19,21 102:6 125:17,20 126:7 127:3,9 128:15 129:23 requests 44:22 45:2 128:13 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: questions -ring require 115:19 required 26:23 reside 13:5 residence 13:14 15:13,18 residents 95:11 resides 12:19,23, 25 13:23 15:21 resolution 115:19 125:10 resolve 84:19 85:24 resolved 81:1,2 86:1 123:18 124:15 resolving 123:20 respect 81:7 84:2 respectfully 59:5 respond 128:11 response 128:13, 14 result 55:10 retainer 19:10,13, 15 reveal 32:2 revealing 58:21 Richman 57:19,23 58:6 60:23 Richman's 58:13 RICO 7:10,14 26:17,2127:5,11 31:12,17 33:1,11 35:22 42:25 44:12 56:2 57:20, 60:24 61:6 79:20 80:1,6 81:12 134:18,19, 20,21,22 ridiculous 66:7 rights 28:20 77:17, is ring 6:7 21:25 222,6 23:16 41:23 87:1188:17 92:22, 25 130:17 ringing 6:7,15 Rita 99:15 road 4:4,19116:18 Robert 5:5 33:19 50:25 Roeder 5:3 25:4,8 54:7,12,15,20,25 60:4,8 61:24 62:4, 7,10,11,14,18 66:25 68:1,17,20, 23 69:170:11,18 89:8 98:17 105:10, 15,17 116:23 120:11,15 125:24 131:5 135:3,7,8,14, 19 Roeder's 66:15 69:7 role 79:6 roof 90:17,2191:4 room 6:20 35:19 65:5 111:23 routinely 57:12 117:7,17 royal 53:11 RPR 4:3 rule 46:22 ruling 90:21 run 69:16 running 120:3,4 sanction 24:8 136:16,19 sanctions 5:21,22 65:16 69:12 sat 58:5 91:17,19 save 85:25 136:11 scandalous 136:3 scared 97:10,12 scheduling 48:16 79:11 school 10:8 scope 23:1154:25 77:7 78:6 Scott 9:21 10:25 98:16 secretary 33:21 section 25:19 secured 17:20 securing 125:12 seeking 5:2210:7 63:8 send 122:23 sending 122:23 sense 97:25 sentiments 27:14 separate 32:19 35:17 136:18 separately 69:12 136:24 September 7:25 24:1132:20,22 33:6,24,25 35:5 36:1137:8 40:11 42:9,12 44:3,15 47:6 62:1,5,24 63:172:10 73:16 74:9 75:8,21,25 76:2 78:7 79:9 86:5,19 88:2,6,10 89:7 93:22 94:1 95:21,22 96:5,12, 15,19 99:6 100:19, 25 101:18,23,24 105:11 106:25 107:1 112:22 113:9,24 115:15 119:1 121:14 122:7 126:6,11,16 127:4 128:5,6 131:14 serve 72:22 served 64:1,6,9 127:4 service 107:20 121:23 services 17:21 18:9 19:21 serving 72:25 set 58:23 setting 44:8 settle 56:9,10 106:16 108:4,8,12 113:24 114:7,8,16 122:8,17 settled 125:5 settlement 5:23 7:24 8:2,8 13:25 14:5 32:9,20 33:6 35:4,1136:6,10 39:22 40:2,14 41:2,12,15 42:6,9 44:3,15 47:1,5,7, 48:14,16 49:7,14 56:24 57:4,12 61:22 62:24 63:1, 16 71:20,22 72:1,9, 10 73:17 74:3,7, 79:8,12 80:5,14 82:4 83:7,10,11,19 86:6,10,14 88:9 96:19 101:1,2 105:11 106:9 107:14 108:4 109:5,6 110:9,15, 24 111:3,21 112:13,21 113:2,15 114:23 115:3 118:21,22 119:3,4, 6,18 121:16,19 123:24 124:3,4,10 125:20 126:17 127:13,23 128:7 131:25 132:18,19, 21 settlement/ mediation 94:2 settlements 107:3 117:20 settling 107:3 119:4 seventh 73:21 shared 30:2442:2 89:6 she'd 10:1 shoes 114:18 short 46:14 51:22 103:6 show 22:21,22 25:18 59:9 92:16 121:22 129:19 showed 92:18,20 showing 122:16 shows 26:13 sic 63:20131:25 side 6:2156:8 116:14 sign 19:16 106:12 107:2 110:8,11,18 111:1 112:12,25 113:3 123:23 124:2,9 signatories 82:4 signed 11:719:10, 12,13,20 20:24 21:2,9 86:18,21 87:5 94:12 98:14 121:19 signing 137:10 silly 98:6 Simescu 4:3 similar 77:18 123:17 single 20:3,5 Sir 57:11 sit 65:1169:4 sitting 65:25 66:1, 2 100:6,9,12,14 sixth 73:20 skin 112:23 slapping 56:15 solar 91:1 solely 119:17 solve 58:7 Somebody's 51:19 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: ringing -start son 98:23 son's 98:21 126:19,22 sort 58:16 sounds 6:2057:22 58:9 93:23 94:17 speak 6:8,25 26:5 45:24,25 62:18 90:9 120:10 speaking 25:12 43:6 specific 37:12,14 specifically 100:14 121:21 speculate 93:17 speculating 93:13 102:9,10 speech 47:22 speeches 21:13 97:4,15 speechifying 98:9 spend 122:3,4 spoke 9:23 26:22 30:9 36:5 41:20,21 47:19 71:25 72:3,4 74:1 127:12 spoken 26:20 37:2140:12,16 47:13 72:8 74:6,7 95:20 122:18 spring 113:12 spurred 63:10 spying 38:1,5 stack 130:6 stadium 116:19 stadiums 116:13 stand 44:5 standing 96:3 100:10 114:18 Star 100:15 start 15:5 17:18 126:3 started 6:19 114:15 state 4:3 13:23 18:9 52:2156:14 84:17 85:187:15 91:2 stated 61:4 84:8 103:11,13 131:14 statement 14:12, 15,16 27:4,8,12,13, 16 29:21,22 31:1, 19 32:12 33:13,15, 18 35:17 40:25 41:13,14 42:5,10 43:25 85:16 132:11 statements 31:25 35:20 41:22 46:24 49:6 59:13 61:19 status 12:15 statute 56:14,22 84:9 97:7 statutes 97:2 stay 59:3 steps 123:15 stipulate 86:14 stipulated 86:16 Stream 4:18 5:6, 20 13:14 16:23 26:129:5 31:4 39:23 40:4,14 55:1175:2,5,12,23 76:11,25 78:9,14, 17 79:15 106:3 strictly 85:25 strike 32:20 58:14 71:8 72:10 75:7 88:1 110:9 strong 1182,4 stuff 20:22 Stuff's 120:15 subject 24:729:2 58:25 112:8 subpoena 6:12 64:6,10 72:22,24 subpoenaing 119:23 subtleties 45:15 sued 7:13 sufficiently 7:16 suggesting 101:11,13 suggests 56:8 suit 56:15 Suite 4:5,19 Sunshine 87:18 support 70:2 suppose 50:6 supposedly 56:16 surprised 100:4, 21,23,24,25 101:15 surrogate 115:13 suspend 62:17 64:7 66:5 67:4 suspending 65:15 68:2169:2 swear 5:13 Sweetapple 5:5,15 14:14,19 20:23 21:5,8,16,20 23:9, 15,22 24:1,14,19 25:3,11,15,23 28:2, 6,18 29:1,15 30:2 31:8,9 32:4,16 33:20 36:17 37:1,5 38:11,14 40:13,22 41:7 42:3 432,5, 10,14,23 46:17 47:20 48:6 50:23, 25 51:4,15,16,18 52:1,3 54:9,13,14, 17,22 55:5,9,21 56:20 57:10 58:11 59:4 60:7,12,17,21, 22 61:3,1162:1,5, 8,13,16,21,22 64:2, 7,11,13,17,21,25 65:2,5,10,14,19,23 66:3,11,22 67:4,12, 15,18,2168:5,10, 15,19,2169:11,19, 25 70:5,2171:6,9, 16,19 73:23 74:13, 19,24 76:1,8 78:3 80:22 82:2,2283:5 84:6,24 85:3,7,10, 16,20 86:12 87:24 89:11,2190:3 91:16 92:24 93:4, 12 95:1,5 96:1,10, 22,25 97:5,11,19 98:5,12 99:5,9,12, 17,21,23 100:2 102:1,8,22 103:2,9, 21 106:1,22,24 107:6,15 109:2,11, 22 110:1,4,16,21, 25 111:4,10,16,25 112:5 113:20 114:3 116:2,7 117:1,6,12,14,15, 24 119:15,19 120:6,9,12 121:1,8, 11,13 122:14 123:21 124:23 125:1,7,16,18 126:1,5 127:19,21 128:3,16 129:3,8, 10,14,19 130:1 131:10,18,22 132:4,20 133:2,7, 24 135:12,17,18 136:10,13,20,23 Sweetapple's 53:4,14 sworn 5:7,10 75:18 76:13,16,17 T takes 128:12 taking 4:8 6:2 talk 13:2 30:6 36:1 55:16 58:6 64:19, 25 65:3 73:6,12,15 95:7 111:25 123:1 125:14,24 133:23 135:6 talked 9:14,22 11:19 38:2 41:1 55:2 73:4 129:24 136:1 talking 13:25 28:2, 4 29:3 32:7,8 33:25 34:136:2 53:20,2175:24 110:14,20 114:10, 11 121:6 talks 113:16,17 Taylor 12:9,12 21:24 teach 58:8 telephone 73:12, 13 telling 36:8 40:1 93:16 102:2 125:8 130:20 tells 30:9,10 ten 104:24 113:11 term 10:3 terminate 69:9 terms 20:20 testified 5:11 23:19 36:21 testify 69:4 85:15 120:4 testifying 57:7 85:9 105:23 117:10 testimony 24:21 77:2 89:5 96:6 text 7:23 73:8 thing 27:19 29:25 things 10:2049:13 55:19 61:20 63:11 69:5,9 83:7 87:13 101:9 107:20 127:22 128:6 129:10 thinking 39:24 47:6 55:16 107:18 110:6 122:24 thinks 124:16 128:25 thought 10:17 56:4 62:6 63:8 77:18 78:12,20,22 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: started- touched 79:4,6,11 80:4,8, 17,23 81:4,10 85:25 86:10 90:17, 21 123:2,22 124:11 125:9 136:3 threat 43:1 threaten 57:13 threatened 133:18,25 134:4,9, 11 throw 65:8 time 4:15, 6:23 10:9,12,24 11:19, 24 27:15 30:22 32:7 45:17 46:12, 15 51:20,23 69:13, 17 73:21 75:6 77:7 78:22 79:2180:20 86:190:8 93:23 96:4 101:14 102:12 103:4,7 104:21 105:18 106:3 107:19 108:2 112:1,15 116:9,15 119:7 122:4,5 130:4 136:25 137:8 times 9:1615:23 22:1124:15 34:9, 10,13,18 38:22 123:8 tinnitus 6:6 today 4:14 6:7 7:3, 9,13 72:5,15 73:1 token 108:21 told 6:18 12:22,25 29:8 30:16,20,21 32:24 33:8 37:23 38:3,8 42:24 43:25 46:147:10,24 48:1,11,12,17 54:24 55:10 59:25 89:22 127:12 133:4,2325 top 130:5 topic 36:2 40:6 topics 59:1 touched 92:14 town 4:17 5:6,19 9:14 26:1, 29:4 31:3 32:23 33:9 39:23 40:4,15 48:8 50:5,8,12,22 52:7,8 53:5,12,17,19,24 55:11,25 56:4,16, 17,25 57:19 58:12, 15 61:162:25 63:4,9,1175:12 76:19,2177:4,14, 19,20,23 78:9,14, 16,19 79:15,19 80:5,11,25 81:11 93:7,11,23 99:5, 108:12 112:10,12 114:23 115:1,13,18 118:12 122:7,23 123:4 124:10, 132:13 town's 52:1058:7 118:1 transcript 36:22 99:3,10 121:3 transparent 94:11 treated 5:24 82:8 86:19 110:22 trespass 79:24 trouble 101:4 true 96:8,9 truth 5:11 truthful 7:9,12 truthfully 7:17 turn 102:24 111:14 turned 121:25 types 83:7 typically 83:20 u Uh -huh 19:18 25:5 28:25 52:6 53:1 56:2183:14 92:10 96:18 126:10 133:13 ultimately 112:21 uncalled 68:2 understand 6:23 11:9 15:15 20:7 41:6 60:164:20,23 65:4 78:6,8 84:12, 15 86:17 87:1 98:14 107:7 119:9, 133:16 understanding 44:20 108:1 understood 58:5 83:6 87:5 134:20 unintelligible 85:8 Unlike 120:19 unsuccessfully 72:23 unsure 79:5 untrue 101:10 upset 55:22,24 upsetting 56:3 MA vacation 37:25 38:4 vast 77:3 verbatim 134:6 verbiage 53:16 verify 70:16 verse 4:17 versus 75:5 vested 35:3 vice 12:14,1713:19 16:25 video 4:13 67:6 119:22,23,24 120:8,17 videotape 120:1 village 113:6 violation 97:1 violative 87:18 voice 95:10 voluntarily 34:24 35:1,5 volunteered 11:12 vote 113:2 118:6 124:17,19 votes 108:17 125:12 voting 108:13 W Wachovin 18:18 waiting 66:9117:3 waive 54:11, 102:17 109:9 137:6 waived 42:22 137:11 waiving 30:13,15 walked 113:23 114:12,14 wall 6:22 wanted 6:5107:19 108:22 121:23 warned 26:14,24 27:8 29:6 44:9 Wednesday 4:6 week 73:5,7 93:25 94:1 well -being 81:9 Wells 18:19,24 Who'd 92:12 wide 83:20 wide - ranging 83:23 wife 9:1 19:241:20 42:2 withdraw 26:16 31:10,16 32:25 33:10 35:2144:11 56:1 women 118:20 wondering 99:14 108:11 word 114:15 115:16 134:23 135:1,4 words 98:25104:5 124:16 135:1 work 69:24135:6, 23 world 30:12,18 46:2 58:18 worse 6:20 writ 90:25 91:6 write 18:16 writes 99:15 writing 33:847:23 48:5 51:6 52:23 53:2163:20 71:7 134:24 135:3 writings 8:4,7 59:12 written 7:2217:9 18:2 19:16 29:22 40:16 47:13,21 48:7 49:9,10,16,21, 23,25 50:19 51:5 52:2 53:9 103:10 104:2,8 134:3,7,8 wrong 67:20 wrote 53:8,15 136:2,3,4 VA Yeah ... can 99:2 year 17:2440:4 years 8:21,22,23, 25 11:4, 17:24 24:22 90:19 104:22,24 121:22 yell 64:15 Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 Index: town -yell