HomeMy Public PortalAboutEdwin R. Jonas, III transcript 1/13/151
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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
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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
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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
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4, 55
37, 56
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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?
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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
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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?
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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 --
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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?
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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
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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.
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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.
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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?
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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.
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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
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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
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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?
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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