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
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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
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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
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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
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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
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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
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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.
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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
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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.
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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.
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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
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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.
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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?
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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
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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.
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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?
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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
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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?
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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?
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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.
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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?
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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?
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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
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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 --
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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.
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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?
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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 --
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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.
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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
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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?
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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?
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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
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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 "?
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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.
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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?
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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?
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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
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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
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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
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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?
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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
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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
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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.
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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.
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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?
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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
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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.
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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.
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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
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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.
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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?
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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 --
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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
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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
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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.
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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.
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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?
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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.
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Phone 561.313.8000 Fax 561.835.8586
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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
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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
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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?
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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?
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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?
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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.
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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
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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
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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
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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
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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.
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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
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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
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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.
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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
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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
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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
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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
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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
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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.
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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.
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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
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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
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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
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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
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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.
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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.
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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
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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
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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.
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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.
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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
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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
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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
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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.
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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:
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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
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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.
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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.
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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.
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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
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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.
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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.
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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
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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
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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.
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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
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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 --
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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.
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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.
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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.
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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
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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.
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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
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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.
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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
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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]?
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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
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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
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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
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Phone 561.313.8000 Fax 561.835.8586
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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 --
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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
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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
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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
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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
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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
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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
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1s
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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,
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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