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HomeMy Public PortalAboutEdwin R. Jonas, III transcript 1/13/151 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, III IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CHRISTOPHER F. O'HARE, Plaintiff, arAG TOWN OF GULF STREAM, Defendant. Case No. 50 2013 CA 17717 AA DEPOSITION OF EDWIN R. JONAS, III BE IT REMEMBERED, that the deposition upon oral examination of EDWIN R. JONAS, III, appearing at the instance of Plaintiff, was taken at the offices of Fisher Court Reporting, 14 3rd Street East, Suite 250, Kalispell, Montana, on Tuesday, January 13, 2015, beginning at the hour of 10:00 a.m., pursuant to the Florida Rules of Civil Procedure, before Debbie Eickhoff, Court Reporter and Notary Public. Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, III A P P E A R A N C E S ATTORNEY APPEARING ON BEHALF OF THE PLAINTIFF: Mr. Mark J. Hanna (By Telephone) 401 South County Rd, Unit 3272 Palm Beach, Florida 33480 and Mr. Louis L. Roeder (By Telephone) 7414 Sparkling Lake Road Orlando, Florida 32819 ATTORNEY APPEARING ON BEHALF OF DEFENDANT: Mr. Robert A. Sweetapple (By Telephone) Sweetapple, Broeker & Varkas, P.L. 20 S.E. 3rd Street Boca Raton, Florida 33432 and Ms. Joanne M. O'Connor (By Telephone) Jones, Foster, Johnston & Stubbs, P.A. 505 South Flagler Drive, Suite 1100 Post Office Box 3475 West Palm Beach, Florida 33402-3475 Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, III I N D E X EXAMINATION OF EDWIN R. JONAS, III, BY: Mr. Hanna Mr. Sweetapple E X H I B I T S Exhibit 1 Letter - 4/7/1998 Edwin R. Jonas III to Paul Nicoletti Exhibit 2 Letter - 4/7/1998 Paul Nicoletti to Mr. Jonas Exhibit 3 Memorandum - 4/10/1998 From Paul Nicoletti to Mayor Kenneth Kaleel and Town Commissioners Subject: Status of Code Compliance Action at 21 Tropical Drive Exhibit 4 Stipulation, Execution by the Parties, Acknowledgments, Stipulation and Order, and Letter - 3/4/1998 - Mr. Hillery to Mr. and Mrs. O'Hare Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 PAGE 4, 55 37, 56 12 RU P41 25 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, III TUESDAY, JANUARY 13, 2015 MR. HANNA: Mark Hanna for the plaintiff, Christopher O'Hare. MR. ROEDER: Lou Roeder for Christopher O'Hare. MR. SWEETAPPLE: Robert Sweetapple on behalf of the Town of Gulf Stream. MS. O'CONNOR: Joanne O'Connor on behalf of the Town of Gulf Stream. EXAMINATION BY MR. HANNA: Q. All right. Mr. Jonas, my name is Mark Hanna. I represent Chris O'Hare. We haven't spoken before today; is that correct? A. That's correct. Q. All right. Where -- could you identify yourself? A. I am sorry. Where, and then slash? Can I identify -- Q- Can you give us your name? A. Edwin Jonas, Edwin R. Jonas, III. Q. And where do you live? A. In Lakeside, Flathead County, Montana. Q. Okay. And how long have you lived in Montana? 4 Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, Ill A. About 14 years. Q. Okay. Were you -- did you ever live in Florida? A. I did. Q. Okay. What years did you live in Florida? A. Oh, probably 1995 through -- off and on -- 2001, 2002. Q. Okay. And where did you live in Florida? A. In Boca Raton, or Delray Beach. Q. All right. And you graduated from law school? A. That's correct. Q. What year did you graduate? A. 1974. Q. Okay. And what area -- did you practice law after 1974? A. Yes. Q. Okay. And were you licensed in any states? A. Yes. Q. What states? A. First, Pennsylvania, 1974; January 1975, New Jersey; Maine, May of 1987; and Florida, I think, was 191. I don't remember -- maybe October, November of 1991. Q. Okay. And what kind of law did you practice? 5 Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 1 2 3 a 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, 111 A. I was a general practitioner but specialized in trial work. Q. I am sorry. I didn't hear that. A. I said I was -- Q. Specialize in? A. I was a trial attorney, but I have done corporate and other things. Kind of a general/trial lawyer. Q. Okay. And at some point, did you come to work for a law firm in Boca Raton, Sweetapple, Broeker, and varkas? A. Yes, I did. Q. When did you start working for them? A. This was a long time ago, but my recollection it was sometime in approximately February of 1998. Q. And how did you come to work for them? A. I believe I met Mr. Sweetapple, told him that I lived down in Boca Raton by the golf course, that I was interested in some part-time legal counsel work. And Mr. Sweetapple asked me if I would join him as of counsel for his firm. Q. Okay. A. To do some part time. Q. What was the arrangement with him. when you say "of counsel," what did that mean? Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 3I 1 2 3 a 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, III A. From time to time, he would have extra work that he needed some assistance on; and I would be paid on an hourly rate, and then he would bill -- Q. Can you hold on one second? All right. And did you have another practice or another firm that you were working for? A. No. No. Q. All right. Can you hear me? A. Loud and clear. Q. Okay. Did you hear that last question? A. You said, did I have another firm that I worked for. No, I worked exclusively on a part-time basis for Mr. Sweetapple and his firm. Q. Okay. And did you ever bring clients into that firm? A. No. Q. Okay. And the work that you got from the firm, where did that come from? A. From either Mr. Sweetapple or -- most of the time, it was Mr. Sweetapple or something associated with the firm. The firm had extra things that needed to be taken care of, so they were asking me to step in and help them on a part-time basis. Q. Okay. And you weren't representing clients on your own -- Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, III A. No. Q. -- outside of that firm -- A. No. Q. -- at that time? A. No, I wasn't. Q. Okay. Now, at some point, did you come to represent Christopher O'Hare in 1998? A. Yes. Q. Okay. And how did you come to represent Mr. O'Hare? A. Sometime in March, late March, early April, Mr. Sweetapple came in. I did not have a specific office, so I was in the conference room, because I was part time. He came in and mentioned that he had a new file for me to handle, Mr. Christopher O'Hare, and that it was like a zoning violation by Gulf Stream, I think it was, and that he wanted me to work on it with him. Q. Okay. Work on it with him? A. Yes. Q. Had you ever met Christopher O'Hare before that time? A. I had not. Q. And did you meet with him at some point after you talked to Mr. Sweetapple? A. I did. Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, III Q. Okay. Where did you guys meet? A. It would have been in the conference room. I didn't have an office. Q. Okay. Now, who was present when you met with Mr. O'Hare? A. I just believe Mr. O'Hare and myself. I don't know if -- Mr. Sweetapple may have been in the office. Whether he introduced me to him, I don't remember. Q. Okay. Now, as a result with -- did you come to represent Mr. O'Hare? A. Yes. I was kind of assistant to Mr. Sweetapple in representing Mr. O'Hare. Q. Okay. How did that work? A. I am not sure I understand. I would do some of the leg work; and then if I had questions, I would refer it to Mr. Sweetapple. Because it was his client, I wanted to defer to his opinion and ultimate decision on everything we did. Q. Okay. Now, did Mr. Sweetapple participate in all the communications with the town of Ocean Ridge? A. Not all. MR. SWEETAPPLE: Object to form. Predicate. A. Was there an objection? I didn't quite hear 9 Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, III that. MR. SWEETAPPLE: Yes, I objected. Just based on predicate and form. A. Okay. Q. (By Mr. Hanna) Okay. Well, let me restate that. After you met with Mr. O'Hare, what was the next thing that you had done, that you did? A. Well, before I met him, I think we had a copy of the Complaint from the Town. I read that, did some research, as I would ordinarily do. I would check the ordinances and see what I thought. Then I realized that there was an imminent hearing coming up reasonably soon. I would have -- and this is the best of my recollection, because it has been a long time. I would have conferred with Mr. Sweetapple and said, look, I think we need some time to develop a defense. And I prepared a letter and sent a letter to the attorney for the town and asked for some time, a period of time, and -- Q. Okay. And go ahead. A. To the best of my recollection, he said, no; and then there was a real issue, because we were time -pressed. So I went in to talk to Mr. Sweetapple; and we got the lawyer on the phone, by conference phone, in Bob's office, Mr. Sweetapple's office. We were kind 10 Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, III of upset that he wasn't giving us the courtesy of a postponement. Bob pretty much took the lead. I was sitting across the desk from him in his beautiful office, listening to the speaker phone. I may have injected a few words, but primarily Bob was taking charge. It was his client. Q. Okay. And as a result of that phone call, what happened? Did you get the extension? A. I don't believe so. I think they put us under some pressure, but we may have discussed trying to work out some kind of a settlement or get together and try to work out a settlement of the issues. I don't recall specifically. Q. Well, after that telephone conversation, was Mr. Sweetapple still involved with the case, or were you primarily the person doing the work? A. No. I was like co -counsel with Mr. Sweetapple on this. I wouldn't make a decision unless I conferred with Bob, out of respect for him. He is a good lawyer; and it was his client, so I would bounce everything that we decided to do or thought that we should do, you know, with Bob Sweetapple. Q. Okay. I am going to show you and have it marked as an exhibit. There is a letter on Sweetapple, 11 Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, III about civil rights violations and -- A. Yes. I think as a matter -- quite frankly, I think that that was probably part of the conversation; although, I don't specifically remember the words, because we were telling them they were violating his civil rights or harassing him. And what they were doing was retaliation. So it is pretty consistent with my recollection; although, I don't remember him saying, you know, "We are going to sue you under 42 USC 1983." But I think we were both making it very clear to him that they were harassing Mr. O'Hare unnecessarily. Q. Now, getting back to before you met Mr. O'Hare, do you know if Mr. Sweetapple had prior communications with Mr. O'Hare before this code violation? A. I don't know that. Q. Okay. Now, after -- at some point after or during this telephone conversation, you guys worked on a stipulation to resolve the issue. Do you remember that? MR. SWEETAPPLE: Form. A. I remember the stipulation was ultimately signed. I thought Bob and I went to the -- I call it the Town Hall. I think there was a building and -- is it Gulf Stream? A beautiful town center. And there was a 23 Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, III conference room in there, and -- Q. (By Mr. Hanna) Well, we will get to the stipulation. A. Okay. Q. Regarding the possible settlement, did that -- was that discussed during this April 8th telephone conference, or how was that left when you got off the phone? A. To the best of my recollection, Nicoletti was going to prepare some draft of a stipulation; and we were going to look at it. Q. Okay. Now, at some point, did you get the stipulation? A. Yes. Q. Okay. And did you prepare the stipulation? A. No. I believe Nicoletti did. Q. Do you know if Mr. Sweetapple prepared it? A. No. I think Nicoletti did; and then we may have made changes, correcting and, you know -- it was submitted -- as I recall, and I could be 100 percent wrong; but, you know, I think Nicoletti wanted to run a stipulation and jam it down our throat. So he took the lead on this, and then we were going to look at it and revise it and change it, so it satisfied what we needed to protect our client's interest. 24 Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, III Q. All right. I am going to ask the court reporter to show you the document Stipulation. (Exhibit 4 was marked for identification.) Q. (By Mr. Hanna) Mr. Jonas, if you could take a look at that exhibit and let me know when you have reviewed it. A. (The witness reviewing the document.) Are we looking at the Stipulation and Order or just the Stipulation, because they all came in under one document heading? Q. Right. It is the whole packet, Stipulation and Order. There should be a March 4th, 1998, letter from the Town of Ocean Ridge that talks about the violation. A. Yes. I am looking at the document, Exhibit 4. The first page said Stipulation and Order; followed by page 2, Acknowledgments; third, Execution by Parties; and then the Stipulation, which is about five pages. Q. Okay. The pages are out of order. A. Okay. Q. Stipulation, and then there should be the Stipulation itself. A. Yes. 25 Charles fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, III Q. It's "Code Enforcement Special Master In and For Town of Ocean Ridge." A. Yes. Q. "In Re: Christopher F. O'Hare and Shelley Childers O'Hare." A. What would be the first page? Q. The first page would be the Stipulation, that document. A. All right. Q. And that goes to Acknowledgment. A. All right. And then I have got nine, ten. Q. Then there is a Stipulation and Order. A. Let me find the signature page to this. This is kind of out of order, fellows. On the Stipulation, I have paragraph 22. Let me see if I can find what comes after 22. Q. That's the Execution by Parties, after 22. A. Oh, okay. Got it. And behind that should be -- Q. Acknowledgment. A. Got it. Q. Or notary page. A. Yes. Q. And then the Stipulation and Order. A. I've got it. Now we have got it in order. 26 Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, III Okay. Q. Okay. And then the letter from Ed Hillery from the town of Ocean Ridge. A. I have one page of it. Is there a second page to that? I have got the first page of it, which is page 14; but I don't -- I don't see a signature page. Do you have the second page of this Town of Ocean Ridge? Oh, here it is. All right. Now, the last thing I would have then -- so it starts with your Stipulation, ends with the second page of the letter from Mr. Hillery to the O'Hares. Q. Correct. A. Okay. Ready to roll. And this should be one exhibit; is that correct? Q. Yes. A. I am ready to proceed. Q. All right. Have you seen this document before today? A. I believe you sent me the Stipulation several weeks ago. Q. Mr. Roeder sent you? A. Yes, I think so, Mr. Roeder did. Q. And did you review it? A. Not -- I just took a look at it and saw that my signature is on the back page here. 27 Charles Fisher Court Reporting 442 East Mendenhall, Bozeman NIT 59715, (406) 587-9016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, III Q. Okay. That would be on the "Execution by the Parties," that's your signature for "Attorneys for the Parties"? A. That's correct. Q. Now, when this Stipulation was finalized and signed, where did you finalize this agreement? A. You know, I have a little difficulty. I thought we had a meeting at the Town Hall for Ocean Ridge. That was my recollection, but I am not 100 percent sure. Sorry. Q. Okay. Do you remember who was at that meeting when you discussed the Stipulation? MR. SWEETAPPLE: Object to form. A. I think -- MR. SWEETAPPLE: Does he remember if there is a meeting for sure? Object to the form. A. No, I think there was a meeting. I can remember walking into this building, and I thought Mr. Sweetapple was with me. Q. (By Mr. Hanna) Okay. A. With the clients. I am not 100 percent sure. Q. Okay. Well, the Stipulation, did you prepare this, or is this something that was prepared by Mr. Nicoletti? A. I believe Nicoletti prepared this. 28 Charles Fisher Court Reporting 442 East Mendenhall, Bozeman NIT 59715, (406) 587-9016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, Ill Q. Okay. And at some point, was this given to you and Mr. Sweetapple? A. I believe we both looked at it. Q. Okay. Did you make changes, or did you accept it as Mr. Nicoletti had written it? A. I don't have a specific recollection; but I probably wouldn't accept what Nicoletti wrote, unless I made the revisions that were necessary, with Bob's approval, to conform with what our -- we intended to stipulate to. So I -- it is reasonably possible that there were changes. I don't remember the changes. That's all. If I had a working draft, I -- you know, if I had a file, I could tell you what we changed. Q. Okay. Unfortunately, there is not a file anymore. A. Yes. Q. Now, referring you to the page, the Execution by Parties, were you present when these other individuals signed: Lisa Herman, Gary Lanker, Paul Nicoletti? A. I don't remember, and I am sorry. I just don't remember. Q. Okay. A. I don't -- I believe Mr. -- Q. Do you remember being in Town Hall? A. Yes, and I believe Mr. O'Hare and Mrs. O'Har'.9 Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, 111 were there. Q. Okay. A. I believe Bob Sweetapple was with us. Q. Okay. A. This was a kind of important thing, but that's 16 or 17 years ago -- Q. Now, the dates that this was signed -- MR. SWEETAPPLE: Let him finish his answer, please. MR. HANNA: Sorry. A. Go ahead. Q. (By Mr. Hanna) I thought you were done. A. Yes. It was 16 or 17 years ago, so I am not 100 percent sure; but I do remember walking in there and having a meeting with the O'Hares. And I believe Bob was with me. We met them there, I think. Q. All right. So after -- at that meeting, did you do the revisions to the Stipulation? A. I don't think so. I thought, perhaps, that we had had a draft maybe E-mailed to us or -- not E-mailed, but faxed to us. We marked it up, sent it back. That would have been kind of the procedure back in '98. "We don't like this. We like that." Q. Did Mr. Sweetapple take part in the revisions? 30 Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, III MR. SWEETAPPLE: Object to form. A. I would have not stipulated to anything if Mr. Sweetapple had not approved the changes and agreed with me that this is the way we ought to go. So we did it as co -counsel together. Q. (By Mr. Hanna) Okay. Now, this was signed on April 13th; and the hearing was on April 14th. Did you attend the hearing? MR. SWEETAPPLE: Object to the form. A. I don't remember, to be honest with you. I don't know if this was -- because it was a stipulation, that it was just put through. I don't have a recollection of the hearing. Q. (By Mr. Hanna) Okay. Now, after that hearing on April 14th, 1998, did you have any more communications or contact with Christopher O'Hare? A. I don't remember. There was a request by some newspaper reporters to go to the site; and I got a call, and I was asked to attend it. It was Chris O'Hare, myself, and one or two other reporters. There was a tall, black, female reporter for some newspaper. And there was -- I think another person was there. They were inspecting this, trying to write a story. And Mr. O'Hare. So I was there, present, just to make sure he didn't get himself in trouble by saying 31 Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, III things, and watching -- kind of supervising it. When the reporter asked me what my opinion was, I offered what I thought was happening by the Town. She wanted my name, and I didn't want to give it to her, because I didn't need publicity; and I refused to give her my name. That's what I recollect. And I think she did a story in one of the newspapers. And I think Mr. Roeder sent me a copy of that, because I remember that. I just don't remember the other writer. I remember this tall, attractive gal that was kind of hard-nosed, wanted to have our response to what the Town was doing to Mr. O'Hare. And, you know, so -- Q. Okay. But that was after the code enforcement Stipulation had been entered? A. I don't know. It could have been intervening. It could have been the day before. I don't -- is there a newspaper report that says -- I don't have that here, but -- well, do you have the newspaper articles here? That would give me more of an idea. When was that newspaper printed? So -- I don't know. But that would be the only way I would guide what day I was actually on the site. And I was by myself. Q. But that resulted in a newspaper article? A. Yes. At least one or more, because -- Q. Okay. 32 Charles Fisher Court Reporting 442 Fast Mendenhall, Bozeman NIT 59715, (406) 587-9016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, III A. -- Mr. O'Hare believed that he was being retaliated against by a certain person. I remember the guy's name was Digby somebody. Was kind of a bad apple. A bad apple on the board or the township commission. So he got the newspapers there. Q. Now, when you finished with this code enforcement matter, did you do any other work for Mr. O'Hare? A. No. I think that was the end, that I did that, for Mr. O'Hare. Q. Okay. Were you aware of any other actions or possible cases that Mr. O'Hare was going to -- was considering after the code enforcement? MR. SWEETAPPLE: Form. A. I believe that Mr. Sweetapple told Nicoletti that he was being retaliated against, that his civil rights were being violated; and that this was becoming substantial -- causing substantial emotional distress and financial cost to Mr. O'Hare. But that was about all. I suspected that there was a possibility that something may happen, but I thought the Stipulation may put this to rest and that would be the end of it. But I know it was discussed, but I wasn't with Mr. O'Hare and Mr. Sweetapple when they discussed whatever their plans were. 33 Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, III Q. (By Mr. Hanna) Okay. You said that these other causes were discussed. Was that before or after the code enforcement? MR. SWEETAPPLE: Object to form. A. No. This was during that conference call, where I think Bob Sweetapple basically read him the riot act about what they were doing. And Bob was justified in doing that, in my mind, because of the -- what I think they were doing intentionally against the O'Hares. But it was -- Q. (By Mr. Hanna) Do you know Dr. Heath King? A. Who? Q. Dr. Heath King. A. No, I don't. Q. Okay. And -- A. Did you say "Heath" or "Keith"? Q. Yes, Heath, H -E -A -T -H. A. Oh. Yeah, I don't know him. Q. Give me one second. Hang on one second. I am going to make sure there is nothing else. MR. HANNA: Can we take a quick five-minute break? I think I am done. (A recess was taken.) Q. (By Mr. Hanna) Mr. Jonas, are you -- I know this is going to be brought up, so are you currently 34 Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, 111 licensed to practice law? A. Well, I am not actively practicing. I am currently inactive in Pennsylvania. On Friday, I should be reinstated full time to the Maine bar. I am not practicing in Florida, and I am not practicing in New Jersey. And, basically, I am not practicing law. I am doing other things. Q. Okay. Now, being reinstated in Maine, are you -- when you are reinstated in Maine, are you moving back to Maine? A. That's my expectation. Q. Okay. That would be Friday you are going to be reinstated? A. Well, on the 16th, the Supreme Court is hearing a matter that I reasonably believe that will be a favorable outcome for me being reinstated. I was administratively suspended for failure to pay my dues. Q. Okay. My understanding is, there is a recommendation for you to be reinstated from the bar; is that right? A. Yes. And it is kind of a real mess, because they put me through an ordeal that presumed there was some kind of grievance; but there was no grievance there They put me through a lot of expense and a year -and -a -half waiting, only to have a Supreme Court 35 Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, III justice question the Board of Overseers as to where they got the authority to do what they did to me. So it is -- I think it is highly likely that on Friday there will be an order reinstating me to practice law. I have got my CLE courses, and I am going to go back to Maine and take our cattle back and horses back and practice law part time. Q. Okay. Now, with the Florida bar, were you suspended from the Florida bar or -- A. I was suspended by a complaint by my dear ex-wife and her lawyer -- Q. Okay. A. -- in New Jersey. As a result, they took that complaint down to Florida, where I was practicing law, up until about 2008, and got a reciprocal suspension. But by that time, I had full time engaged in the development of a new cattle breed in Montana and was promoting it across the United States, so it was not a big loss for me. I had gotten tired of practicing in Florida anyway. But now, as I get a little older and I want to slow down on the cattle end of it, I will start practicing law again. Q. All right. Now, what happened in New Jersey? A. What do you mean "what happened in 36 Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, III New Jersey"? My ex Q. What happened with your New Jersey license? A. It got suspended for six months on a complaint by my ex-wife and her attorney. Q. Okay. A. Not a client. Q. So this all arose from New Jersey and the reciprocal -- A. Exactly. Q. -- reciprocal actions by the other bars? A. There has never been an ethics complaint by a client; just an ex-wife. Q. All right. MR. HANNA: I don't have anything further. MR. SWEETAPPLE: All right. Ed, I have some questions for you. EXAMINATION BY MR. SWEETAPPLE: Q. How are you doing, first of all? A. I am doing fine, except for my ex-wife. Q. Good. when did you move to Montana? A. 101, June. Q. And how far are you from Whitefish? A. 40 miles. Q. Okay. So you are not skiing up there at all, 37 Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, III I guess? A. I have in the past. I have been busy. We built a business, a cattle business, so -- Q. Excellent. A. Finding time -- Q- Refresh my recollection. How long were you of counsel to the firm? You said you started in about -- A. February. Q. -- March or April of 198? A. I thought you and I started working together in February of 198. Q. February. A. And I think it went through to May or June, when things got slow. And I -- at that point, I don't remember. I think I opened an office in northern Boca Raton for myself that summer, because I remember it was hot and humid. So I am thinking in July -- June or July, I rented an office. Q. So you were of counsel for February, March, April, May, June. Maybe five months? A. Yes, to the best of my recollection. Q. All right. And correct me if I am wrong, did we have some discussion when you became of counsel that you were going to be going into private practice and it was more of a transitionary thing? 38 Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, III A. You know, at that point in time, I don't think I even thought about it, about practicing; but once I started doing the work with you, it made me feel like I should probably get back into practice again. Q. Right. And do you know how many different cases -- I -- when I brought you in, it was because we were pretty busy; is that correct? A. Yes, you were busy. You had a great firm. I remember one other -- Q. Do you remember how many cases we had you work on? A. I don't know; but, I mean, things that stand out in my mind were the Aragon Condominium deal, and I have the lease that I prepared or revised. There was a lot of work on that and this one. There were other ones, but I don't really remember. If you could jog my memory, but -- Q. Okay. A. And I think, really, by June, things had slowed down a little bit at the office, or May. It could have been May. Where it was like, "Okay. You know, if we need you, we will call you." Because I was only trying to help supplement, to do work when you guys were so busy, couldn't get to it. That's the way I thought we did it. 39 Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, Ill Q. Now, Mr. O'Hare -- I see you wrote a letter on April 7th. Did he come into the office before April 7th? Do you remember if you met with him? A. Yes. Yes, I believe he did. I can't be 100 percent sure; but I would have ordinarily, as a practice, habit and custom, take a look at the complaint, done my homework -- in other words, read the statutes, regulations, and rules. Informed myself. Then got the client to come in and give me the facts. Then I would have drawn a strategy up as to what I think we needed to do. Q. Right. I realize that's the way we normally work. I am just wondering if you remember specifically Mr. O'Hare coming into the offices on East Palmetto Park Road back in April of 198? A. Yes, he came in. Q. Do you have any recollection of him? A. Yes, I do. But whether it was the day before or the day after I wrote the letter, I don't remember. Q. But you remember he came in for -- the first time you met him was sometime around April 7th? A. No. It could have been several days before. I don't -- Q- So it was somewhere around April 7th -- A. Yes. 40 Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, III Q. -- you believe you met with him? A. Yes, I know I met with him. He came into the office by himself. And you had brought the file in to me and said, "Here is the Complaint. This is what we are going to do." Then I did my homework, did my research, studied, and then called him and asked him if he could come in so I could get some information, get some more details. But whether it was the day before -- I don't remember the exact date. If I had my time sheets, if you had my time sheets, it would specifically tell you exactly what day I met with him. Q. Do you specifically recall -- I have no recollection of the meeting at all. Do you have any specific recollection as to whether or not I was present at the meeting? A. I know -- I do have a specific recollection that, one, that you brought the file in, told me to do this. Then I called him. He came in. You did not meet with us at that time. I was keeping you posted. You were busy doing other things. Then when the time came that I said, "This is my plan. I am going to demand a -- send him a letter and ask him for 30 days." And I would have touched base with you on that. When I got the hammer -- the response from 41 Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, III Nicoletti, I then brought it to your attention, said, "We've got a problem." And that's when we placed that conference call in your office. Q. Well, at our offices, were you ever at any meeting where I met with Mr. O'Hare, that you specifically recall? A. No, not that I know of. I think once you turned him over to me, I did the work. And I only remember him coming in once, maybe twice, to the office. Q. Okay. A. And the first time -- Q. I see that you prepared a letter on April 7th. Is there any other documents you prepared, letters, legal instruments, anything else you did? A. No. I think just the letter. And then I think they sent -- by the time they refused to give us a postponement, we talked about a stipulation. They sent us a stipulation. Then you and I worked on it. I would have looked at it with O'Hare and said, "This is what we think. What do you think, Bob?" And the -- Q. What is interesting, though, Ed, is that Mr. -- I believe even Mr. Roeder or Mr. -- I believe it was actually Mr. Hanna went to the Town of Ocean Ridge and got all their records, and there is no facsimile from the Town of any stipulation to us. 42 Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, III A. Well, I don't know -- I didn't -- MR. HANNA: Object to form. Q. (By Mr. Sweetapple) So there is no drafts or stipulations that went back and forth. Do you recall -- do you recall actually revising any stipulations? A. Oh, yeah. Now, first of all, it probably would have been sent by Nicoletti; not the Town. Nicoletti -- Q. They do have Nicoletti's E-mail in the package. These documents that have been marked 1 through 4, did Mr. Roeder provide these to you prior to your deposition? A. I saw the letter to the Town. I saw Nicoletti's response. That's Number 2. And I saw the Stipulation. And I may have seen -- after I discussed this newspaper reporter, newspaper article. Whether they got the records from Nicoletti's office, it says "via facsimile." I don't remember whether people were E -mailing documents back and forth then or they were faxing. Q. They didn't have E-mail back in 198. A. Yes, that's what I think. Q. Anyway, so Mr. Roeder gave these exhibits prior to your deposition, right, to refresh your recollection? 43 Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, III A. That's right. Q. And did he have conferences with you before? A. Did who have conferences? Q. Mr. Roeder. A. No. He just asked me if I was the Edwin Jonas that wrote that letter; and I said, "Yes." Q. All right. And he asked you to review it. He didn't ask you anything about your recollections prior to the deposition? A. He did. I don't remember how the dialogue went; but he said, "I do remember this. Do you remember that?" I said, "Yes, I remember this." And I remember -- Q. Did he tell you why they were taking your deposition? A. He -- apparently, there is an issue -- yes, he did tell me there was an issue about whether you acknowledged that our firm represented Mr. O'Hare. I said, "Well, we clearly did. He was clearly our client." Q. Are you aware that actually this deposition is part of a motion that they filed, alleging that because I -- our firm represented Mr. O'Hare in 1998, that I am precluded from representing the Town of Gulf Stream in public records litigation and related claims in 2014? That's why you are being deposed, so 44 Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, III accept my apology. A. I have not see the motion. I thought there was an issue that he said about whether you had personal knowledge or had ever represented. It was really limited to, had you represented Christopher O'Hare, was he our client; and I was just going to say, "This is the truth. This is what happened." What you do with it -- Q. I am apologizing to you, because the whole reason you have been drug into a depo is this theory of Mr. O'Hare's that somehow anything that happened in 1998 would preclude me from handling litigation in 2014 and 2015. So if Mr. Roeder didn't explain that to you, at least now you know why you have been scheduled for a deposition. A. Yeah, I was trying to figure this out; but it does sound like it is an issue for a judge to decide. Not for me. Q. Right. A. I am just a fact -- I am just a fact witness, Bob. You were kind enough to let me work with you. You are a good lawyer. Q. So at our offices, were you ever at any meetings that I had with Mr. O'Hare, that you specifically recall? A. When Chris O'Hare came in, I didn't have an 45 Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, III office. I was in your conference room. You may have come in -- you may have come in to say "Hello" to him for a minute or two, and maybe we were working on revisions on a stipulation; but you were busy, so you may have said, "Hello, Chris. I am out of here." And you went back to your office and did other things. You left me in charge. I had, you know, a lot of experience in what I was doing; but I was deferring to your ultimate agreement as to what we did, because he was your client. So, you know -- Q. Other than that, do you have any other recollection of any occasion at our offices where I met with Mr. O'Hare? A. I don't remember being present when you met with him in your office. Only what I just said about maybe stopping in to say "Hello" to him while he was in the conference room with me. Q. And were you present for any telephone conversation I ever had with Mr. O'Hare or Mrs. O'Hare? A. I do not remember any. That doesn't mean it didn't happen, but I don't remember. Q. And were you ever present -- without discussing any substance, were you ever present where I advised you of any confidences that Mr. O'Hare told me? A. I am sorry. Repeat that, Bob. 46 Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, III Q. Do you recall any instance where I ever said to you, "I met with Mr. O'Hare," or, "I talked to Mr. O'Hare, and he related this confidence to me"? A. Well, I think you told me what they were charging him with on this apartment house. I think this is -- "We have a complaint. He has got an apartment. He renovated some apartments. And they are retaliating against him, a guy by the name of Digby somebody. They don't like him. They are harassing him." You know, I remember that. Q. Okay. A. That's all. Q. Anything beyond that? A. No. Q. All right. Did you do any other work at my request to prepare any complaints or any legal research for Mr. O'Hare? A. You mean other than working on this ordinance violation? Q. Yes. It looks like your letter was prepared on the 7th, and the Stipulation was signed on the 13th. So within five days of your letter, this matter was closed. A. I don't remember anything -- I don't remember anything beyond this. You know, I -- you are free to jog47 Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, 111 my memory, but it was done. Q. I have no recollection of anything. A. Yes. Yes, and -- Q. I am just curious whether or not you recall any other -- A. No. Q. -- legal research or complaints or memos you prepared for me? Anything of that nature? A. I don't, Bob. I am sorry. Q. Do you recall any -- do you specifically recall me being at the Town of Ocean Ridge on the 13th, when this Stipulation was signed? A. I thought we went together. I could be wrong, but I thought we went together. Q. Mr. O'Hare testified I went with him. So you think I went with you? MR. HANNA: Object to form. A. Well, I think we went together. Q. (By Mr. Sweetapple) That's your recollection? A. Yes. I think we went together; and I think we met the O'Hares, Mr. and Mrs. O'Hare, and we went in to deal with this issue. Q. Do you recall who drove? A. I don't remember. Don't remember whether I 48 Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, III was supposed to meet you there or -- good god. I am 66 years old. I have done pretty well to remember what I did. Q. So you don't specifically -- you couldn't swear that I was at this meeting? A. I -- Q. Mr. Nicoletti has already sworn I wasn't. Mrs. O'Hare doesn't recall me there, doesn't recall being there. Do you specifically -- can you swear that I was at this meeting on the 13th? MR. HANNA: Objection. A. I thought you were. Q. (By Mr. Sweetapple) I have no recollection, so I don't know if you remember -- A. Bob, I thought you were there, because I -- at this point, we were signing a Stipulation and working on this. I can't 100 percent say that I have any record that confirms that. It was just my recollection that we went there, we met them. Q. As attorneys for the parties, you signed it; not me? A. Exactly. And it may be because he had -- Nicoletti had typed it in before we got there. Q. Okay. So you don't know why your name is there and not mine? You are just speculating? ag Charles Fisher Court Reporting 442 East Mendenhall, Bozeman NIT 59715, (406) 557-9016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 Edwin R. Jonas, III A. Well, I was negotiating with Nicoletti, conferring with you on the details. So he probably put my name in there. See where it says "Date executed," above it, April 13th, 1998? That's my handwriting. So Shelley O'Hare had to be there for me to witness that, I assume. If she hadn't -- if she said she wasn't there, well, then, I -- go figure. Q. Did you witness Shelley sign it and Christopher sign it? A. I believe they signed, yeah. Q. That's your signature where it says -- A. My name. Q. It doesn't say -- you saw them sign it, you are saying, both of them? A. I believe -- MR. HANNA: Objection. A. I believe they did. I mean, they had to be with me to sign the Stipulation; and I would have signed down below. But, you know, my memory is as good as anybody else's. This is 16 years ago. That's my signature. That's my date executed, April 13th, 1998. And I reasonably believe that they would have signed, then I would have dated it and signed below. Q. (By Mr. Sweetapple) So the "April 13th," you believe is your handwriting? Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, III A. I am 99 and 9/10s percent sure it is. Q. Okay. And do you know if Mr. Lanker was there at the time? A. I don't know. There may have been a whole bunch of people there, but I don't remember that. Q. You don't remember who was there specifically? A. No, I don't. Sorry. Q. But you do recall Mrs. O'Hare and Mr. O'Hare were there? A. That's the best of my recollection. I thought they were both there. Q. Okay. And do you know if they came with you, or do you know how they got there? A. I thought they met us there. Q. Okay. And this issue -- this incident with the reporter, you went out to the premises? A. I was asked by Chris O'Hare -- he said, "There is some reporters coming out to there. will you come out here and, you know, sort of be a witness of what is going on?" And I just listened to him talk to these reporters, explain what had transpired. Then when somebody turned to me -- the gal turned to me and asked me something, I told them that we thought it was clearly retaliation against him. And then she asked me for my 51 Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, 111 name, and I wouldn't give it to her. Q. And you actually went out to the apartment building? that day, that's for sure. I don't know that you ever saw A. Yes, and I walked in one of the units and saw the unit and saw what they were talking about, something about a loft type with a ladder or something. Q. Now, I didn't go to that apartment ever, did I? Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 A. You weren't with me -- you were not with me that day, that's for sure. I don't know that you ever saw it. Q. Are you aware of any time where I ever went to this apartment or saw this apartment? A. I am not aware, no. Q. Did you have any other phone conversations with Mr. and Mrs. O'Hare or any other conversations with the O'Hares that you haven't described in this depo? A. I don't know that I ever spoke to Mrs. O'Hare. I spoke to Chris O'Hare. Q. How many phone conversations did you have with Mr. O'Hare in the time that you represented him? A. I would have to guess. I don't know if you want me to guess. There had to be half a dozen. Q. Give me a range. A. There had to be at least a half -a -dozen 52 Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 1 2 3 a 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, III calls, to keep him up to date on the status and to ask him questions. At least a half a dozen. Q. Did I ever ask to come in on any of those? A. I don't remember. Only if there was an issue -- Q. All right. MR. SWEETAPPLE: I don't have any further questions. A. Bob, only if there was an issue that I needed to get your approval on; that -- you know, I wouldn't make a deal on your client until I said, "This is the way I think we ought to do this. Is this okay with you?" And that's it. Q. (By Mr. Sweetapple) In 1998, I had about 18 years experience practicing; and you had about, what, 24? You were an experienced lawyer at that point. A. Yes, but -- Q. You were an accomplished trial lawyer and practitioner when you were of counsel. Right? A. Yes. And there is no question -- Q. You knew I greatly respected your talents, which is why you are the only attorney I have ever brought in to be of counsel. A. Well, thank you, Bob. But as long as it was your client, I didn't want to make an agreement that you 53 Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, 111 disagreed with. So out of respect for you is why I would have conferred with you, say, 'This is our plan. What do you think?" You know. Q. And you don't recall us having any discussions about anything other than this code violation. Correct? A. Well, I know that we were steaming after Nicoletti refused to give us a postponement. We talked about a civil rights violation and -- Q. Right. Because he had -- they had given him a permit to occupy, and then they were threatening to terminate his right to use the property. Right? A. Oh, yeah. I mean, there is no question -- Q. Pretty clear 1983 claim. Right? A. In fact, I agreed with you; and the question is -- what transpired after that, I dont know. I don't know if you ever pursued it or what you did. Q. Okay. Apparently I had threatened it on the telephone conversation. A. Yes, but we are nice guys. MR. SWEETAPPLE: In any case, I don't have any other questions for you; but, listen, I wish you all the best. A. Thanks, Bob. If you get up here, call me. MR. HANNA: Mr. Jonas, I just have one 54 Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 quick follow-up. Edwin R. Jonas, III EXAMINATION BY MR. HANNA: Q. Did you keep any records from your time at Sweetapple, Broeker, and Varkas? A. Records? Written records? Q. Yes. Did you keep any of the stuff that you worked on? Any documents? Do you still have that? A. No, I had -- Q. They don't have their files anymore. A. Well, I tell you, I have an old laptop that I haven't seen for a while that would have had some of this stuff on it. But I don't know if I threw it away, because at some point in time, we throw all those laptops that nobody wants away. But I haven't seen it in years. Q. Okay. A. I did everything on that laptop, and all my time sheets and all my legal pads -- all my notes would have gone into this file. I would have kept it as part of the firm file. Q. And that would have stayed with the firm? A. Yes. I was very meticulous, trained well in Philadelphia and New Jersey to take office notes about every telephone conversation, every office conference. Handwritten notes with dates and times and people I 55 Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, Ill talked to were in that file. But I would have kept it in the file for the sake of, you know -- for posterity. If something happened to me, then the other fellows could take over, and they know exactly what I did. Q. Okay. A. But I didn't have independent records. My time sheets, the only thing that got separated were my time sheets that went to the bookkeeper. So the answer to your -- Mark. MR. SWEETAPPLE: I have some follow-up, wKesulItOh_ sto) \1 Q. With regard to that, do you know how much time you billed the O'Hares or what your rate was, by any chance? A. Oh, no. I don't know what you were billing me at. I think -- this is a wild -ass guess. I think you were paying me about 75 or 80 bucks an hour and then billing like 200 an hour to the client. I -- that's a guess, but I don't have any record. All my time sheets were turned in, and you guys were very honorable to pay me and let me work with you. It was a pleasure to work with you. Q. Let me ask you this: Do you recall ever 56 Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, III seeing a retainer agreement or a check to our firm? A. You gave me a file. You gave me the file. And I do remember, there was some kind of a record inside there; and I -- I am 99 percent sure, it was a pretty sizable retainer, at least $10,000. Q. Do you recall seeing whether or not we ever got paid it? A. I wasn't involved in the finances. I just know that you told me that we got a retainer. "Do the work, keep track of your time." And, you know, that's what I did. So, unfortunately -- Q. Okay. MR. SWEETAPPLE: I don't have any further questions. Good luck to you. A. Thank you. MR. HANNA: I don't have anything further. Thanks a lot, Mr. Jonas. Mr. Jonas, do you want to read or waive reading? A. I will waive reading. (Whereupon, the deposition was concluded at 11:22 a.m.) (Signature waived.) Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwin R. Jonas, III C E R T I F I C A T E STATE OF MONTANA ) COUNTY OF ) I, DEBBIE A. EICKHOFF, Registered Professional Reporter, resident in Thompson Falls, Montana, do hereby certify: That I was duly authorized to and did report the deposition of Edwin R. Jonas, III, in the above -entitled cause; That the reading and signing of the deposition by the witness have been expressly waived; That the foregoing 57 pages of this deposition constitute a true and accurate transcription of my stenotype notes of the testimony of said witness; I further certify that I am not an attorney nor counsel of any of the parties, nor a relative or employee of any attorney or counsel connected with the action, nor financially interested in the action. IN WITNESS WHEREOF, I have hereunto set my hand and seal on this the day of , 2015. DEBBIE A. EICKHOFF Freelance Court Reporter Residing in Thompson Falls, MT My Commission Expires: 10/14/2018 Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 Christopher F. O'Hare, v. Town of Gulf Stream $10,000(4) 13:20,22;14:4;57:5 A able (2) 13:22;17:8 above (2) 12:9;50:4 accept(3) 29:5,7;45:1 accomplished (1) 53:18 According (1) 19:16 accurately (1) 17:25 acknowledged (1) 44:18 Acknowledgment (2) 26:10,20 Acknowledgments (1) 25:18 across (2) 11:4;36:18 act (1) 34:7 actions (2) 33:11;37:10 actively (1) 35:2 actually (6) 22:10;32:22;42:23; 43:5;44:20;52:2 administratively (1) 35:17 advised (1) 46:24 again (4) 17:20;18:21;36:23; 39:4 against (6) 22:16;33:2,16; 34:9;47:8;51:25 ago (6) 6:14;20:20;27:20; 30:6,13;50:20 agreed (2) 31:3;54:15 agreement (5) 17:13;28:6;46:9; 53:25;57:1 ahead (4) 10:20;15:5;21:5; 30:11 alleging (1) 44:21 alone (1) 13:22 although (4) 21:23;22:8;23:4,9 anymore (2) 29:15;55:10 apartment (6) 47:5,6;52:2,7,13,13 apartments (1) 47:7 apologizing (1) 45:8 apology (1) 45:1 apparently (2) 44:16;54:18 apple (2) 33:3,4 approval (2) 29:9;53:10 approved (1) 31:3 approximately (1) 6:15 April (28) 8:11;12:1;14:24; 16:20;17:14;18:1,4, 14;19:13,17;21:13, 24;22:6;24:6;31:7,7, 15;38:9,20;40:2,3,15, 21,24;42:13;50:4,21, 24 Aragon (2) 15:20;39:13 area (1) 5:15 arose (1) 37:7 around (4) 18:11,13;40:21,24 arrangement (1) 6:24 article (2) 32:23;43:16 articles (1) 32:19 assistance (1) 7:2 assistant (1) 9:12 assisting (1) 17:18 associated (1) 7:20 assume (2) 21:23;50:6 assumed (1) 17:18 attend (2) 31:8,19 attention (2) 19:22;42:1 attorney (5) 6:6;10:17;17:22; 37:4;53:22 Attorneys (2) 28:2;49:20 attractive (1) 32:10 authority (1) 36:2 available (1) 12:25 aware (4) 33:11;44:20;52:12, 14 away (2) 55:13,15 0 back (18) 13:5;14:23;16:16, 18;23:13;27:25; 30:22,22;35:10;36:6, 6,6;39:4;40:15;43:4, 19,21;46:6 bad (2) 33:3,4 baloney (1) 17:7 bar (4) 35:4,19;36:8,9 bars (1) 37:10 base (2) 15:3;41:24 based (1) 10:3 basically (2) 34:6;35:6 basis (3) 7:13,23;14:7 Beach (1) 5:9 beautiful (2) 11:4;23:25 became (1) 38:23 becoming (1) 33:17 behalf (2) 4:7,8 behind (1) 26:18 below (3) 12:21;50:19,23 best (10) 10:13,21;13:1,9; 14:2;22:23;24:9; 38:21;51:11;54:23 beyond (2) 47:13,25 big (1) 36:19 bill (2) 7:3;14:15 billed (1) 56:15 billing (2) 56:17,20 bit (1) 39:20 black (1) 31:21 board (2) 33:4;36:1 Bob (27) 11:3,6,20,23;15:4, 22;17:6,10,18,20; 19:4;20:7;22:17,22; 23:23;30:3,15;34:6, 7;42:20;45:20;46:25; 48:9;49:15;53:9,24; 54:24 Bob's (3) 10:25;19:22;29:8 Boca (4) 5:9;6:10,18;38:16 bookkeeper (3) 14:13;16:14;56:8 both (4) 23:11;29:3;50:14; 51:12 bounce (1) 11:22 break (1) 34:22 breed (1) 36:17 bring (1) 7:14 Broeker(2) 6:10;55:5 Broker(2) 12:1,24 brought(7) 19:22;34:25;39:6; 41:3,18;42:1;53:23 bucks (1) 56:19 building (3) 23:24;28:18;52:3 built (1) 38:3 bunch (1) 51:5 business (2) 38:3,3 busy (6) 38:2;39:7,8,24; 41:21;46:4 C call (18) 11:8;17:4,11,22; 19:4,5,22;21:10,13, 21;22:7,11;23:23; 31:19;34:5;39:22; 42:3;54:24 called (4) Edwin R. Jonas, III 15:20;21:18;41:6, 19 calls (1) 53:1 came (11) 8:12,14;19:15; 25:10;40:16,20;41:2, 19,22;45:25;51:13 Can (9) 4:18,20;7:4,8; 18:16;26:15;28:17; 34:21;49:9 carbon (1) 15:18 care (1) 7:22 career (2) 13:19;16:5 carried (1) 13:12 case (4) 11:16;14:19;15:15; 54:21 cases (3) 33:12;39:6,10 cattle (4) 36:6,17,22;38:3 causes (1) 34:2 causing (1) 33:18 center (1) 23:25 certain (2) 14:14;33:2 chance(1) 56:16 change(1) 24:24 changed (1) 29:13 changes(5) 24:19;29:4,11,11; 31:3 charge(5) 11:6;16:14;17:19; 19:4;46:7 charging (1) 47:5 check (2) 10:10;57:1 Childers (1) 26:5 Chris (7) 4:13;22:23;31:19; 45:25;46:5;51:18; 52:19 Christopher (11) 4:3,4;8:7,15,20; 13:16;14:19;26:4; 31:16;45:5;50:9 civil (4) 23:1,6;33:16;54:9 Charles Fisher Court Reporting (59) $10,000 - civil 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 Christopher F. O'Hare, v. Town of Gulf Stream claim (1) 54:14 claims (1) 44:25 CLE (1) 36:5 clear (3) 7:9;23:11;54:14 clearly (3) 44:19,19;51:24 client (16) 9:17;11:7,21; 15:17,24;22:16,19; 37:6,12;40:9;44:19; 45:6;46:10;53:11,25; 56:20 clients (7) 7:14,24;13:21; 15:13;16:1,15;28:21 client's (2) 22:22;24:25 clip (1) 16:13 closed (1) 47:23 co-counsel(2) 11:18;31:5 code (7) 23:15;26:1;32:13; 33:6,13;34:3;54:5 coming (4) 10:12;40:14;42:9; 51:19 comment (1) 22:8 comments (2) 19:6;22:18 commission (1) 33:4 communication (1) 18:20 communications (4) 9:21;18:22;23:15; 31:16 Complaint (9) 10:9;20:18;36:10, 14;37:4,11;40:6; 41:4;47:6 complaints (2) 47:16;48:7 computer (1) 16:7 concluded (1) 57:22 condo (1) 15:20 Condominium (1) 39:13 conference (12) 8:13;9:2;10:24; 13:12;17:11;24:1,7; 34:5;42:3;46:1,17; 55:24 conferences (2) 44:2,3 conferred (3) 10:15;11:20;54:2 conferring (1) 50:2 confidence (1) 47:3 confidences (1) 46:24 confirms (1) 49:18 conform (1) 29:9 considering (1) 33:13 consistent (1) 23:8 contact (1) 31:16 contain (1) 15:13 contract(1) 15:21 conversation (10) 11:15;15:3,7;19:7, 11;23:3,19;46:19; 54:19;55:24 conversations (4) 22:25;52:15,16,20 copy (4) 10:8;15:18;21:17; 32:8 corporate (1) 6:7 correcting (1) 24:19 cost (1) 33:19 counsel (9) 6:19,20,25;12:13; 38:7,19,23;53:19,23 County (1) 4:23 couple (1) 12:25 course (1) 6:18 courses (1) 36:5 court (4) 20:24;25:1;35:14, 25 courteous (1) 17:2 courtesy (1) 11:1 CSE (2) 12:21,22 curious (1) 48:4 currently (2) 34:25;35:3 custom (2) 15:8;40:6 T date (6) 19:21;21:13;41:10; 50:3,21;53:1 dated (3) 12:1;18:4;50:23 dates (4) 19:19;21:15;30:7; 55:25 day (12) 14:13;18:9,12; 19:13,13;32:16,21; 40:18,19;41:9,12; 52:10 days (3) 40:22;41:24;47:22 deal (3) 39:13;48:23;53:11 dear (1) 36:10 decide (1) 45:16 decided (1) 11:22 decision (2) 9:18;11:19 defense (1) 10:16 defenses (1) 17:17 defer (1) 9:18 deferring (1) 46:8 Delray (1) 5:9 demand (1) 41:23 demanded (1) 21:16 demeanor (1) 22:9 denied (1) 22:3 depends (1) 19:14 depict (1) 17:25 depo (2) 45:9;52:17 deposed (1) 44:25 deposition (12) 19:25;20:6,10,12, 15;43:12,24;44:9,15, 20;45:14;57:21 described (1) 52:17 desk (1) 11:4 detachable (1) 14:11 details (2) 41:8;50:2 develop (1) 10:16 development (2) 15:20;36:17 dialogue (2) 17:12;44:10 dictated (1) 13:4 different (1) 39:5 difficulty (1) 28:7 Digby (2) 33:3;47:8 disagreed (1) 54:1 discuss (1) 19:23 discussed (8) 11:11;22:12;24:6; 28:12;33:23,24;34:2; 43:15 discussing (1) 46:23 discussion (1) 38:23 discussions (1) 54:5 disk (1) 13:6 distress (1) 33:18 document (9) 12:8;18:17;21:4; 25:2,8,10,16;26:8; 27:17 documents (10) 19:25;20:5,11,14, 18,21;42:13;43:10, 19;55:8 done (9) 6:6;10:7;13:7; 15:22;30:12;34:22; 40:7;48:1;49:2 down (9) 6:18;12:21;19:8; 22:21;24:22;36:14, 22;39:20;50:19 dozen (2) 52:23;53:2 Dr (2) 34:11,13 draft (3) 24:10;29:12;30:20 drafts (1) 43:3 drawn (1) 40:10 Edwin R. Jonas, 111 drove (1) 48:24 drug (1) 45:9 dues (1) 35:17 Duffy (2) 19:18;21:1 during (3) 23:19;24:6;34:5 E early (1) 8:11 East (1) 40:14 Ed (3) 27:2;37:15;42:21 Edwards (1) 21:1 Edwin (4) 4:21,21;12:9;44:5 either (1) 7:19 else (3) 22:1;34:20;42:14 else's (1) 50:20 E-mail (2) 43:9,21 E-mailed (2) 30:20,21 E -mailing (1) 43:19 emotional (1) 33:18 end (3) 33:9,22;36:22 ends (1) 27:10 Enforcement (5) 26:1;32:14;33:7, 13;34:3 engaged (1) 36:16 enough (2) 17:2;45:20 enter (1) 16:7 entered (1) 32:14 ERJCSE (1) 13:3 established (2) 20:5,11 ethics (1) 37:11 even (3) 13:22;39:2;42:22 event (1) 14:5 ex (1) Min -1 Script Charles Fisher Court Reporting (60) claim - ex 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 Christopher F. O'Hare, v. Town of Gulf Stream 37:1 exact (1) 41:10 exactly (5) 15:18;37:9;41:12; 49:22;56:4 EXAMINATION (4) 4:10;37:17;55:2; 56:12 Excellent (1) 38:4 except(1) 37:20 exclusively (1) 7:12 executed (2) 50:3,21 Execution (4) 25:18;26:17;28:1; 29:17 exhibit (15) 11:25;12:2,4; 17:24;18:6,8;19:1; 21:2,24;22:2,4;25:3, 6,17;27:14 exhibits (1) 43:23 expect (1) 17:3 expectation (1) 35:11 expectations (1) 17:1 expense(1) 35:24 experience (2) 46:8;53:15 experienced (1) 53:16 explain (2) 45:12;51.22 extension (1) 11:9 extensive (1) 13:18 extra (2) 7:1,21 ex-wife (4) 36:11;37:4,12,20 F facsimile (3) 18:9;42:24;43:18 fact (3) 45:19,19;54:15 facts (1) 40:9 failure (1) 35:17 fairly (2) 17:25;22:6 far (1) 37:23 favorable (1) 35:16 fax (1) 21:25 faxed (4) 18:8;21:25;22:2; 30:21 faxing (1) 43:20 February(5) 6:15;38:8,11,12,19 feel (1) 39:3 fellows (2) 26:14;56:3 female (1) 31:21 few (2) 11:6;19:6 figure (3) 17:17;45:15;50:7 file (12) 8:15;15:9;29:13, 14;41:3,18;55:19,20; 56:1,2;57:2,2 filed (1) 44:21 files (2) 15:19;55:10 filled (1) 15:13 finalize (1) 28:6 finalized (1) 28:5 finances (1) 57:8 financial (1) 33:19 find (2) 26:13,15 Finding (1) 38:5 fine (1) 37:20 finish (1) 30:8 finished (2) 14:13;33:6 firm (23) 6:10,21;7:5,11,13, 15,18,21,21;8:2; 12:13;13:9,15,16; 14:2,7;38:7;39:8; 44:18,22;55:20,21; 57:1 First (10) 5:21;17:22;25:17; 26:6,7;27:5;37:19; 40:20;42:11;43:6 five (3) 25:19;38:20;47:22 five-minute (1) 34:22 Flathead (1) 4:23 floppy (1) 13:6 Florida (9) 5:3,5,8,22;35:5; 36:8,9,14,20 followed (1) 25:18 follow-up (2) 55:1;56:10 forget (1) 15:18 form (14) 9:23;10:3;16:11, 1220:2;23:21;28:13, 16;31:1,9;33:14; 34:4;43:2;48:17 forth (2) 43:4,19 frankly (1) 23:2 free (1) 47:25 Friday (3) 35:3,12;36:4 full (3) 17:19;35:4;36:16 further (4) 37:14;53:7;57:13, 16 fuzzy (1) 16:1 gal (2) 32:10;51:23 Gary (1) 29:19 gave (5) 12:18;13:13;43:23; 57:2,2 general(3) 6:1;15:25;22:15 general/trial (1) 6:7 generated (2) 19:23;21:19 given (4) 13:6;16:16;29:1; 54:10 giving (2) 11:1;17:5 god (1) 49:1 goes (1) 26:10 golf (1) 6:18 good (7) 11:21;19:12;37:21; 45:21;49:1;50:19; 57:14 gosh (1) 13:5 graduate (1) 5:13 graduated (1) 5:10 great (2) 17:20;39:8 greatly (1) 53:21 grievance (2) 35:23,23 guess (5) 38:1;52:22,23; 56:18,21 guide (1) 32:21 Gulf (5) 4:7,9;8:16;23:25; 44:24 guy (1) 47:8 guys (6) 9:1;22:10;23:19; 39:23;54:20;56:22 guy's (1) 33:3 W1 habit (2) 15:7;40:6 half (2) 52:23;53:2 halt a -dozen (1) 52:25 Hall (3) 23:24;28:8;29:24 hammer (1) 41:25 handle (2) 8:15;17:14 handling (1) 45:11 hands (1) 16:10 handwriting (2) 50:4,25 Handwritten (1) 55:25 Hang (1) 34:19 HANNA (31) 4:2,2,11,12;10:5; 12:5;18:10;20:7,13; 21:5,6;24:2;25:5; 28:20;30:10,12;31:6, 14;34:1,11,21,24; 37:14;42:23;43:2; 48:17;49:11;50:16; Edwin R. Jonas, III 54:25;55:3;57:16 happen (3) 16:21;33:21;46:21 happened(7) 11:9;36:24,25; 37:2;45:7,10;56:3 happening (1) 32:3 harassing (4) 22:19;23:6,12;47:9 hard-nosed (1) 32:11 heading (1) 25:11 hear (5) 6:3;7:8,10;9:25; 20:8 hearing (10) 10:12;16:20,22,23; 17:14;31:7,8,13,15; 35:15 Heath (4) 34:11,13,16,17 H -E -A -T -H (1) 34:17 Hello (3) 46:2,5,16 help (2) 7:22;39:23 Herman (1) 29:19 highly (1) 36:3 Hillery (2) 27:2,11 himself (2) 31:25;41:3 hold (1) 7:4 homework (2) 40:7;41:5 honest (1) 31:10 honorable (1) 56:22 horses (1) 36:6 hot (1) 38:17 hour (2) 56:19,20 hourly (2) 7:3;14:14 house (1) 47:5 Hum (1) 19:16 humid (1) 38:17 idea (1) 1lnrl-9eript Charles Fisher Court Reporting (61) exact- idea 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 Christopher F. O'Hare, v. Town of Gulf Stream 32:19 identification (4) 12:3;18:7;21:3; 25:4 identify (2) 4:16,19 III (2) 4:21;12:10 immediately (1) 18:11 imminent (1) 10:12 important (1) 30:5 inactive (1) 35:3 incident (1) 51:16 income (1) 14:17 independent(2) 21:9;56:6 indicates (2) 13:15;21:12 individual (1) 15:14 individuals (1) 29:18 information (1) 41:7 Informed (1) 40:8 injected (2) 11:5;19:6 inside (1) 57:3 inspecting (1) 31:23 instance (1) 47:1 instruments (1) 42:14 intended (1) 29:9 intention (1) 16:19 intentionally (1) 34:9 intentions (1) 16:25 interest (1) 24:25 interested (1) 6:19 interesting (1) 42:21 intervening (1) 32:16 into (11) 7:14;13:12;16:7; 28:18;38:24;39:4; 40:2,14;41:2;45:9; 55:19 introduced (1) 9:8 involved (2) 11:16;57:8 issue (10) 10:22;23:20;44:16, 17;45:3,16;48:23; 51:16;53:5,9 issues (1) 11:13 jam (2) 17:3;24:22 jamming (1) 22:21 JANUARY (2) 4:1;5:21 Jersey (8) 5:22;35:6;36:13, 24;37:1,2,7;55:23 Joanne(1) 4:8 jog (2) 39:16;47:25 join (1) 6:20 Jonas (11) 4:12,21,21;12:10; 20:13;25:5;34:24; 44:6;5425;57:17,18 judge (1) 45:16 Judging (1) 12:21 July (2) 38:17,18 jump (1) 19:3 June (5) 37:22;38:13,17,20; 39:19 justice (1) 36:1 justified (1) 34:7 K keep (5) 13:24;53:1;55:4,7; 57:10 keeping (1) 41:20 Keith (1) 34:16 kept (3) 14:8;55:19;56:1 kind (17) 5:25;6:7;9:12; 10:25;11:12;15:20; 22:9;26:14;30:5,22; 32:1,11;33:3;35:21, 23;45:20;57:3 King (2) 34:11,13 knew (1) 53:21 knowledge (2) 13:9;45:4 L ladder (1) 52:6 lake (1) 19:3 Lakeside (1) 4:23 Lanker (2) 29:19;51:2 laptop (3) 13:11;55:11,17 laptops (1) 55:14 last (2) 7:10;27:9 late (1) 8:11 law (11) 5:10,15,25;6:10; 19:18;35:1,6;36:5,7, 15,23 lawyer (8) 6:8;10:24;11:21; 17:21;36:11;45:21; 53:16,18 lawyers (1) 22:9 lead (2) 11:3;24:23 lease (1) 39:14 least (5) 32:24;45:13;52:25; 53:2;57:5 left (3) 16:10;24:7;46:7 leg (1) 9:16 legal (5) 6:19;42:14;47:16; 48:7;55:18 letter (36) 10:17,17;11:25; 12:4,11;13:2,13,15; 14:23;15:1;16:18; 17:4,24,25;18:4,14, 19,23,25,25;19:17, 21;21:17;22:2;25:13; 27:2,11;40:1,19; 41:23;42:12,15; 43:13;44:6;47:20,22 letterhead (2) 12:1;21:1 letters (2) 20:17;42:14 license (1) 37:2 licensed (2) 5:18;35:1 likely (2) 13:4;36:3 limited (1) 45:4 Lisa (1) 29:19 listen (1) 54:22 listened (2) 19:5;51:21 listening (1) 11:5 litigation (2) 44:24;45:11 little (3) 28:7;36:21;39:20 live (4) 4:22;5:2,5,8 lived (2) 4:24;6:18 loft (1) 52:6 long (5) 4:24;6:14;10:14; 38:6;53:24 look (10) 10:15;12:6;13:24; 18:3,16;24:11,23; 25:6;27:24;40:6 looked (2) 29:3;42:19 looking (3) 12:7;25:9,16 looks (2) 12:21;47:20 loss (1) 36:19 lot (4) 35:24;39:15;46:7; 57:17 Lou (1) 4:4 Loud (1) 7:9 love (1) 22:10 luck (1) 57:14 M main (1) 16:2 Maine (6) 5:22;35:4,8,9,10; 36:6 making (1) Edwin R. Jonas, 111 23:11 many (4) 21:6;39:5,10;52:20 March (5) 8:11,11;25:13; 38:9,19 Mark (3) 4:2,12;56:11 marked (7) 11:25;12:2;18:6; 21:2;25:3;30:21; 43:10 Master (1) 26:1 matter (4) 232;33:7;35:15; 47:22 May (24) 5:22;9:7;11:5,11; 13:5,5;14:11;15:24; 19:5,6;20:19;24:18; 33:21,21;38:13,20; 39:20,21;43:15;46:1, 2,4;49:22;51:4 maybe (10) 5:23;16:13;19:8; 20:17;21:25;30:20; 38:20;42:9;46:3,16 mean (9) 6:25;15:23;17:7; 36:25;39:12;46:20; 47:18;50:17;54:13 meet (4) 8:23;9:1;41:19; 49:1 meeting (11) 28:8,12,16,17; 30:15,17;41:14,16; 42:5;49:5,10 meetings (1) 45:23 Memorandum (2) 20:25;21:12 memory (4) 14:3;39:16;48:1; 50:19 memos (1) 48:7 menacing (1) 22:8 mentioned (2) 8:14;13:24 mess (1) 35:21 met (19) 6:17;8:20;9:4;10:6, 8;23:13;30:16;40:3, 21;41:1,2,12;42:5; 46:12,14;47:2;48:22; 49:19;51:15 meticulous (1) 55:22 miles (1) 11111-1 -Script v Charles Fisher Court Reporting (62) identification - miles 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 Christopher F. O'Hare, v. Town of Gulf Stream 37:24 mind (2) 34:8;39:13 mine (2) 15:8;49:25 minute (1) 46:3 money (1) 13:17 Montana (4) 4:23,25;36:17; 37:21 months (2) 37:3;38:20 more (7) 14:4;17:8;31:15; 32:19,24;38:25;41:7 most (2) 7:19;16:5 mother (1) 22:10 motion (2) 44:21;45:2 move (1) 37:21 moving (1) 35:9 Mrs (7) 29:25;46:19;48:22; 49:8;51:9;52:16,19 much (5) 11:3;14:21;18:13; 19:2;56:14 multiple (1) 15:25 must (1) 18:11 myself (5) 9:6;31:20;32:22; 38:16;40:8 N name (10) 4:12,20;32:4,6; 33:3;47:8;49:24; 50:3,12;52:1 nature (1) 48:8 NCR (2) 14:10;16:3 necessary (1) 29:8 need (4) 10:16;17:8;32:5; 39:22 needed (7) 7:2,21;13:1;15:22; 24:24;40:10;53:9 negotiating (1) 50:1 New (10) 5:22;8:14;35:6; 3 6:13,17,24;37:1,2,7; 55:23 newspaper (8) 31:18,21;32:17,18, 20,23;43:16,16 newspapers (2) 32:7;33:5 next (2) 10:6;19:13 nice (2) 22:10;54:20 Nicoletti (29) 17:1,12;18:5,20; 19:11,18,23;20:25; 21:1,10,21;22:8;24:9, 16,18,21;28:24,25; 29:5,7,19;33:15; 42:1;43:7,8;49:7,23; 50:1;54:8 Nicoletti's (4) 21:24;43:9,14,17 nine (1) 26:11 nobody (1) 55:15 normally (1) 40:12 northern (1) 38:15 notary (1) 26:22 note (1) 18:8 notes (3) 55:18,23,25 Notice (1) 20:17 November (1) 5:23 Number (1) 43:14 9 Object (9) 9:23;20:2;28:13, 16;31:1,9;34:4;43:2; 48:17 objected (1) 10:2 objection (3) 9:25;49:11;50:16 objections (1) 15:5 occasion (1) 46:12 occupy (1) 54:11 occur (1) 19:11 Ocean (8) 9:21;25:14;26:2; 27:3,7;28:8;42:23; 48:11 O'CONNOR (2) 4:8,8 October (1) 5:23 off (2) 5:6;24:8 offered (1) 32:2 office (22) 8:13;9:3,8;10:25, 25;11:4;17:11;19:2; 21:20;38:15,18; 39:20;40:2;41:3; 42:3,9;43:17;46:1,6, 15;55:23,24 offices (4) 40:14;42:4;4522; 46:12 often (1) 13:21 O'Hare (63) 4:3,5,13;8:7,10,15, 20;9:5,6,11,13;10:6; 13:16,17;14:2,19,24; 1623;22:23;23:12, 14,15;26:4,5;29:25, 25;31:16,19,24; 32:12;33:1,8,10,12, 19,23;40:1,14;42:5, 19;44:18,22;45:5,23, 25;46:13,19,19,24; 47:2,3,17;48:15,22; 49:8;50:5;51:9,9,18; 52:16,19,19,21 O'Hares (6) 27:11;30:15;34:9; 48:22;52:17;56:15 O'Hare's (1) 45:10 old (2) 49:2;55:11 older (1) 36:21 once (4) 17:4;39:2;42:7,9 one (14) 7:4;25:10;27:4,13; 31:20;32:7,24;34:19, 19;39:9,15;41:18; 52:4;54:25 ones (3) 14:10,11;39:15 only (10) 22:10;32:21;35:25; 39:22;42:8;46:15; 53:4,9,22;56:7 opened(1) 38:15 opinion (2) 9:18;32:2 ordeal (1) 35:22 Order (9) 25:9,13,17,21; 26:12,14,24,25;36:4 ordinance (1) 47:18 ordinances (1) 10:11 ordinarily (2) 10:10;40:5 ought (2) 31:4;53:12 out (20) 11:12,13,20;13:9; 15:3,9,13;17:17,20; 19:9;25:21;26:14; 39:13;45:15;46:5; 51:17,19,20;52:2; 54:1 outcome (1) 35:16 outside (1) 8:2 over (3) 13:19;42:8;56:4 overall (1) 15:23 overhead (1) 14:16 Overseers (1) 36:1 own (1) 7:25 P package(1) 43:10 packet (1) 25:12 pads (1) 55:18 page (17) 15:25;16:2;25:17, 18;26:6,7,13,2227:4, 5,5,6,6,7,10,25;29:17 pages (4) 21:6,8;25:20,21 paid (6) 7:2;13:17;14:2,6, 18;57:7 Palmetto (1) 40:14 paper (3) 16:11,12,13 paragraph (1) 26:15 Park (1) 40:14 pan (7) 6:23;8:14;23:3; 30:24;36:7;44:21; 55:19 participate (1) Edwin R. Jonas, III 9:20 Parties (6) 25:19;26:17;28:2, 3;29:18;49:20 partners (1) 15:22 part-time (4) 6:19;7:12,23;14:7 past (1) 38:2 Paul (3) 18:4;20:25;29:19 pay (4) 13:22;14:14;35:17; 56:22 paying (1) 56:19 Pennsylvania (2) 5:21;35:3 people (3) 43:18;51:5;55:25 per (2) 15:17,24 percent(8) 24:20;28:10,21; 30:14;40:5;49:17; 51:1;57:4 perhaps(1) 30:19 period (1) 10:18 permit (1) 54:11 person (3) 11:17;31:22;33:2 personal (1) 45:3 Philadelphia (1) 55:23 phone (12) 10:24,24;11:5,8; 17:11;19:4,4,5; 21:21;24:8;52:15,20 placed (3) 21:21;22:7;42:2 plaintiff (1) 4:2 Plaintiffs (1) 17:24 plan (4) 15:4,11;41:23;54:2 plans (1) 33:24 please (1) 30:9 pleasure (1) 56:23 pm (1) 19:18 point(13) 6:9;8:6,23;17:14, 1523:18;24:12;29:1; 38:14;39:1;49:16; Mia -t: -Script Charles Fisher Court Reporting (63) mind - point 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 Christopher F. O'Hare, v. Town of Gulf Stream 53:16;55:14 political (1) 22:17 Poncy (2) 19:18;21:1 possibility (1) 33:20 possible (4) 22:6;24:5;29:10; 33:12 posted (1) 41:20 posterity (1) 56:2 postponement (9) 11:2;16:20,21; 17:2,6;21:17;22:3; 42:17;54:8 pound (2) 18:13;21:18 practice (10) 5:15,25;7:5;15:8; 35:1;36:4,7;38:24; 39:4;40:6 practicing (9) 35:2,5,5,6;36:14, 19,23;39:2;53:15 practitioner (2) 6:1;53:19 preclude (1) 45:11 precluded (1) 44:23 Predicate (3) 924;10:3;20:4 premises (1) 51:17 prepare(5) 17:8;24:10,15; 28:22;47:16 prepared (12) 10:17;12:22;13:11, 13;24:17;28:23,25; 39:14;42:12,13; 47:20;48:8 present (8) 9:4;29:18;31:24; 41:15;46:14,18,22,23 pressure (2) 11:11;17:22 presumed (1) 35:22 pretty (9) 11:3;18:13;19:2; 2220;23:8;39:7; 49:2;54:14;57:4 primarily (2) 11:6,17 print (3) 12:18;13:8,14 printed (1) 32:20 printer (2) 12:17;13:3 prior (4) 23:14;43:11,24; 44:8 private (1) 38:24 probably (10) 5:6;13:11,13;15:2; 17:18;23:3;29:7; 39:4;43:6;50:2 problem (1) 42:2 problems (1) 15:11 procedure (1) 30:22 proceed (1) 27:16 process (1) 15:19 profit (1) 14:16 promoting (1) 36:18 property (1) 54:12 protect (1) 24:25 provide (1) 43:11 public (1) 44:24 publicity (1) 32:5 purchase (1) 15:21 pursued (1) 54:17 put (8) 11:10;13:3;22:14; 31:12;33:22;35:22, 24;50:2 X quick (3) 22:1;34:21;55:1 quite (3) 9:25;17:11;23:2 0 range (1) 52:24 rate (4) 7:3;14:14,15;56:15 Raton (4) 5:9;6:10,18;38:16 Re (1) 26:4 read (5) 10:9;20:21;34:6; 40:7;57:18 reading (2) 57:19,20 Ready (2) 27:13,16 real (2) 10:22;35:21 realize (1) 40:12 realized (1) 10:11 really (5) 12:16;17:3;39:16, 19;45:4 reason (1) 45:9 reasonably (4) 10:12;29:10;35:15; 50:22 recall (22) 11:14;14:18,21; 18:14;22:11;24:20; 41:13;42:6;43:4,5; 45:24;47:1;48:4,10, 11,24;49:8,8;51:9; 54:4;56:25;57:6 received (1) 18:19 recess (1) 34:23 reciprocal (3) 36:15;37:8,10 recollect (1) 32:6 recollection (26) 6:14;10:14,21; 13:2;14:3;20:19,22; 21:10;23:9;24:9; 28:9;29:6;31:13; 38:6,21;40:17;41:14, 15,17;43:25;46:12; 48:2,20;49:13,18; 51:11 recollections (1) 44:8 recommendation (1) 35:19 record (4) 16:14;49:17;56:21; 57:3 recorded (2) 15:25;16:2 records (7) 42:24;43:17;44:24; 55:4,6,6;56:6 refer (1) 9:17 referring (1) 29:17 refresh (4) 20:19,22;38:6; 43:24 refused (3) 32:5;42:16;54:8 regard (1) 56:14 Regarding (1) 24:5 regulations (1) 40:8 reinstated (6) 35:4,8,9,13,16,19 reinstating (1) 36:4 related (2) 44:24;47:3 relatively (2) 21:16;22:1 remember (65) 5:23;9:9;12:16,17, 19;13:18;14:5,9; 15:2,6,18;18:15; 21:15,20;22:17,25; 23:4,9,20,22;28:11, 15,18;29:11,20,21, 24;30:14;31:10,17; 32:9,9,10;33:2;38:15, 16;39:9,10,16;40:3, 13,19,20;41:10;42:9; 43:18;44:10,11,11, 12,13;46:14,20,21; 47:10,24,24;48:25, 25;49:2,14;51:5,6; 53:4;57:3 renovated (1) 47:7 rented (1) 38:18 Repeat (1) 46:25 report (1) 32:17 reporter (6) 20:24;25:2;31:21; 32:2;43:16;51:17 reporters (4) 31:18,20;51:19,22 represent (6) 4:13;8:7,9;9:11; 16:23;22:23 represented (5) 44:18,22;45:4,5; 52:21 representing (3) 7:24;9:13;44:23 request (2) 31:17;47:16 requesting (1) 22:2 research (4) 10:10;41:5;47:16; 48:7 resent (1) 22:8 resolve (1) 23:20 respect(5) Edwin R. Jonas, I❑ 11:20;15:4,10; 17:20;54:1 respected (1) 53:21 response (5) 19:20;22:3;32:11; 41:25;43:14 rest (1) 33:22 restate (1) 10:5 result (4) 9:10;11:8;19:20; 36:13 resulted (1) 32:23 retained (1) 13:16 retainer (8) 13:20,22,23;14:2, 3;57:1,5,9 retaliated (2) 33:2,16 retaliating (2) 22:16;47:7 retaliation (2) 23:7;51:25 review (2) 2723;44:7 reviewed (6) 19:24;20:5,10,11, 14;25:7 reviewing (4) 12:7;18:17;21:4; 25:8 revise (1) 24:24 revised (1) 39:14 revising (1) 43:5 revisions (4) 29:8;30:18,25;46:3 Ridge (8) 9:21;25:14;26:2; 27:3,7;28:9;42:23; 48:11 right (33) 4:12,16;5:10;7:4,8; 16:18;18:10;20:13; 25:1,12;26:9,11;27:8, 17;30:17;35:20; 36:24;37:13,15; 38:22;39:5;40:12; 43:24;44:1,7;45:18; 47:15;53:6,19;54:10, 12,12,14 rights (4) 23:1,6;33:17;54:9 riot (1) 34:6 Road (1) 40:15 Min -1' -Script < Charles Fisher Court Reporting (64) political - Road 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 Christopher F. O'Hare, v. Town of Gulf Stream Robert (1) 4:6 ROEDER (11) 4:4,4;20:16;27:21, 22;32:8;42:22;43:11, 23;44:4;45:12 roll (1) 27:13 room (6) 8:13;9:2;13:12; 24:1;46:1,17 rules (1) 40:8 run (1) 24:21 S sake (1) 56:2 same (1) 19:13 sand (2) 18:14;21:18 satisfied (1) 24:24 saw (9) 27:24;43:13,13,14; 50:13;52:4,5,11,13 saying (4) 21:18;23:9;31:25; 50:14 scheduled (1) 45:13 school (1) 5:11 second (6) 7:4;27:4,7,10; 34:19,19 secretary (1) 12:23 seeing (2) 57:1,6 send (1) 41:23 sent (14) 10:17;14:25;18:22, 25;20:16;21:17;22:2; 27:19,21;30:21;32:8; 42:16,17;43:7 separated (1) 56:7 settlement (3) 11:12,13;24:5 several(3) 20:19;27:19;40:22 sheet (3) 14:8;15:12,23 sheets (8) 13:25;14:1;41:10, 11;55:18;56:7,8,21 Shelley (3) 26:4;50:5,8 show (3) 11:24;20:25;25:2 sign (4) 50:8,9,13,18 signature (8) 12:9;26:13;27:6, 25;28:2;50:11,21; 57:23 signed (12) 23:23;28:6;29:19; 30:7;31:6;47:21; 48:12;49:20;50:10, 18,22,23 signing (1) 49:16 sit (1) 19:8 site (2) 31:18;32:22 sitting (1) 11:3 six (1) 37:3 sizable (3) 13:20;14:3;57:5 skiing (1) 37:25 slash (1) 4:18 slip (3) 15:17,24;16:4 slips (4) 14:12;15:24;16:13, 16 slow (2) 36:22;38:14 slowed (1) 39:20 small (1) 14:17 somebody (8) 12:18;13:7,9,13; 21:25;33:3;47:8; 51:23 somehow (1) 45:10 sometime (3) 6:15;8:11;40:21 somewhere (1) 40:24 soon (2) 10:12;21:16 sorry (11) 4:18;6:3;14:25; 1821;20:7;28:10; 29:20;30:10;46:25; 48:9;51:8 sort (1) 51:20 sound (2) 21:14;45:16 sounds (1) 22:9 speak (1) 14:24 speaker(2) 11:5;21:21 Special (1) 26:1 Specialize (1) 6:5 specialized (1) 6:1 specific (7) 8:12;15:2,7,24; 29:6;41:15,17 specifically (11) 11:14;23:4;40:13; 41:11,13;42:6;45:24; 48:10;49:4,9;51:7 speculating (1) 49:25 spoke (2) 52:18,19 spoken (1) 4:13 stand (1) 39:12 start (2) 6:13;36:22 started (3) 38:7,10;39:3 starts (1) 27:10 states (3) 5:18,20;36:18 stationery (1) 13:8 status (1) 53:1 statutes (1) 40:7 stayed (1) 55:21 steaming (1) 54:7 step (1) 7:22 still (3) 11:16;16:10;55:8 stipulate (1) 29:10 stipulated (1) 31:2 stipulation (39) 19:9;20:17;23:20, 22;24:3,10,13,15,22; 25:2,9,10,12,17,19, 23,24;26:7,12,14,24; 27:10,19;28:5,12,22; 30:18;31:11;32:14; 33:21;42:17,18,25; 43:15;46:4;47:21; 48:12;49:16;50:18 stipulations (2) 43:4,5 stopping (1) 46:16 story (2) 31:24;32:7 strategy (2) 17:17;40:10 Stream (5) 4:7,9;8:16;23:25; 44:24 studied (1) 41:6 stuff (2) 55:7,13 submit (1) 14:12 submitted (3) 13:7;14:1;24:20 substance (1) 46:23 substantial (2) 33:18,18 sue (1) 23:10 summer (1) 38:16 supervising (1) 32:1 supplement (1) 39:23 supposed (1) 49:1 Supreme (2) 35:14,25 sure (12) 9:15;22:1;28:10, 16,21;30:14;31:25; 34:20;40:5;51:1; 52:10;57:4 suspected (1) 33:20 suspended (4) 35:17;36:9,10;37:3 suspension (1) 36:16 swear (2) 49:5,9 SWEETAPPLE (62) 4:6,6;6:10,17,20; 7:13,19,20;8:12,24; 9:7,13,17,20,23;10:2, 15,23; l 1:16,19,23, 25;12:24;13:19; 14:25;16:24;20:2,4, 9;21:20;22:7;23:14, 21;24:17;28:13,15, 19;29:2;30:3,8,24; 31:1,3,9;33:14,15,24; 34:4,6;37:15,18; 43:3;48:19;49:13; 50:24;53:7,14;5421; 55:5;56:10,13;57:13 Sweetapple's (2) 10:25;19:1 Edwin R. Jonas, III sworn (1) 49:7 system (1) 16:7 T talents (1) 53:21 talk (2) 10:23;51:21 talked (5) 8:24;42:17;47:2; 54:8;56:1 talking (1) 52:5 talks (1) 25:14 tall (2) 31:21;32:10 telephone (I1) 11:15;19:10,22; 21:10,13;22:11; 23:19;24:7;46:18; 54:19;55:24 telling (1) 23:5 tells (1) 14:4 ten (1) 26:11 terminate (1) 54:12 terms (1) 22:15 testified (1) 48:15 Thanks (2) 5424;57:17 theirs (1) 13:7 theory(1) 45:9 thinking (1) 38:17 third (1) 25:18 though (1) 42:21 thought(22) 10:11;11:22;17:22; 22:20;232328:8,18; 30:12,19;32:3;33:21; 38:10;39:2,24;45:2; 48:13,14;49:12,15; 51:12,15,24 threatened (1) 54:18 threatening (1) 54:11 threw (1) 55:13 throat(3) Mill-d-ticripf Charles Fisher Court Reporting (65) Robert- throat 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 Christopher F. O'Hare, v. Town of Gulf Stream 22:22,22;24:22 throw (1) 55:14 time -pressed (1) 10:23 times (1) 55:25 tired (1) 36:19 today (4) 4:14;19:25;20:15; 27:18 together (7) 11:12;31:5;38:10; 48:13,14,18,21 told (9) 6:17;18:13;19:2; 33:15;41:18;46:24; 47:4;51:24;57:9 took (5) 11:3;19:4;24:22; 27:24;36:13 top (1) 19:17 totally (1) 22:21 touch (1) 15:3 touched (1) 41:24 Town (21) 4:7,9;9:21;10:9,18; 23:24,25;25:1426:2; 27:3,7;28:8;29:24; 32:3,12;42:23,25; 43:7,13;44:23;48:11 township (1) 33:4 track (3) 13:24;14:8;57:10 trained (1) 55:22 transitionary (1) 38:25 transmittal (1) 21:25 transpired (2) 51:22;54:16 trial (3) 6:2,6;53:18 trouble (1) 31:25 truth (1) 45:6 try (3) 11:13;16:19;19:8 trying (6) 11:11;14:9;17:16; 31:23;39:23;45:15 TUESDAY (1) 4:1 turned (6) 18:11,13;42:8; 51:23,23;56:22 twice (1) 42:9 two (7) 14:10;15:18;18:25; 20:16;21:8;31:20; 46:3 type (5) 12:13,14;13:14; 19:9;52:6 typed (5) 12:12;13:1,2,10; 49:23 U ultimate (2) 9:18;46:9 ultimately (1) 23:22 under (3) 11:11;23:10;25:10 underneath (1) 12:12 unfair (1) 22:21 Unfortunately (2) 29:14;57:11 unit (1) 52:5 United (1) 36:18 units (1) 52:4 unless (3) 11:20;17:19;29:7 unnecessarily (1) 23:12 up (10) 10:12;19:16;22:20; 30:21;34:25;36:15; 37:25;40:10;53:1; 54:24 upset (2) 11:1;22:18 USC (1) 23:10 use (1) 54:12 used (1) 13:6 u Vaguely (1) 22:13 Varkas (4) 6:11;12:1,24;55:5 via (2) 18:9;43:17 violated (1) 33:17 violating (1) 23:5 violation (6) 8:16;23:16;25:15; 47:19;54:6,9 violations (1) 23:1 W waiting (1) 35:25 waive (2) 57:18,20 waived (1) 57:23 walked (1) 52:4 walking (2) 28:18;30:14 wants (1) 55:15 watching (1) 32:1 way (6) 16:5;31:4;32:21; 39:24;40:12;53:11 week (3) 14:14;16:13;17:9 weeks (2) 20:20;27:20 weren't (2) 7:24;52:9 Whereupon (1) 57:21 Whitefish (1) 37:23 whole (3) 25:12;45:8;51:4 wild -ass (1) 56:18 wish (1) 54:22 within (1) 47:22 without (1) 46:22 witness (8) 12:7;18:17;21:4; 25:8;45:19;50:5,8; 51:20 wondering (1) 40:13 words (4) 11:6;15:17;23:4; 40:7 work (30) 6:2,10,16,19;7:1, 17;8:17,18;9:14,16; 11:12,13,17;13:25; 14:8,18;15:9;19:8; 33:7;39:3,11,15,23; 40:13;42:8;45:20; 47:15;56:23,23; 57:10 worked (7) 7:12,12;12:23; 22:20;23:19;42:18; 55:8 working (10) 6:13;7:6;15:14,19, 20;29:12;38:10;46:3; 47:18;49:16 write (3) 16:4,5;31:23 writer (1) 32:9 written (2) 29:5;55:6 wrong (3) 24:21;38:22;48:14 wrote (5) 18:1;29:7;40:1,19; 44:6 VA year (1) 5:13 year -and -a -half (1) 35:25 years (9) 5:1,5;13:19;30:6, 13;49:2;50:20;53:15; 55:15 Z zoning (1) 8:16 0 01(l) 37:22 1 (6) 12:2,4;17:25;18:8; 22:2;43:10 100 (6) 24:20;28:10,21; 30:14;40:5;49:17 10-98(l) 19:17 10th (2) 19:20;21:24 11:22 (1) 57:22 13(l) 4:1 13th (7) 31:7;47:21;48:11; 49:10;50:4,21,24 14 (2) 5:1;27:6 Rliu-I. -Script x Charles Fisher Court Reporting 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016 Edwin R. Jonas, III 14th (4) 16:20;17:14;31:7, 15 16 (3) 30:6,13;50:20 16th (1) 35:14 17 (2) 30:6,13 18(l) 53:15 1974 (3) 5:14,16,21 1975(l) 5:21 1983 (2) 23:10;54:14 1987(l) 5:22 1991 (1) 5:24 1995 (1) 5:6 1998 (14) 6:15;8:7;12:1; 14:24;16:20;18:1,4; 25:13;31:15;44:22; 45:10;50:4,21;53:14 2 (6) 18:6;19:1;21:24; 22:4;25:18;43:14 200(l) 56:20 2001(l) 5:7 2002(l) 5:7 2008(l) 36:15 2014 (2) 44:25;45:11 2015 (2) 4:1;45:12 22 (3) 26:15,16,17 24(l) 53:16 3 3(l) 21:2 3:57 (1) 19:18 30(l) 41:24 4 4 (3) (66) throw - 4 Christopher F. O'Hare, v. Edwin R. Jonas, 111 Town of Gulf Stream Mill- I -.st ripi Charles Fisher Court Reporting (67) 4:30 - 99 442 East Mendenhall, Bozeman MT 59715, (406) 587-9016