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HomeMy Public PortalAboutMichael G. Ahearn transcript 1/28/151 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO: 9:14-cv-80317-DMM MARTIN O'BOYLE, Plaintiff, VS. TOWN OF GULF STREAM, and WILLIAM THRASHER, Defendants. DEPOSITION OF MICHAEL G. AHEARN TAKEN ON BEHALF OF THE DEFENDANTS Wednesday, January 28, 2015 1:55 p.m. - 3:25 p.m. 2455 East Sunrise Boulevard 10th Floor Fort Lauderdale, Florida 33304 Theresa Tomaselli, RMR ESQUIRE January 28, 2015 1 800.211.DEPO (3376) Esquire Solutions. corn 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 MICHAEL G. AHEARN January 28, 2015 O'BOYLE vs. TOWN OF GULF STREAM 2 APPEARANCES OF COUNSEL On behalf of the Plaintiff THE O'BOYLE LAW FIRM, P.C. BY: GIOVANI MESA, ESQUIRE 1286 West Newport Center Drive Deerfield Beach, Florida 33442 Tel: 954.574.6885 Fax: 954.360.0807 E-mail: gmesa@oboylelawfirm.com On behalf of the Defendants JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER & HOCHMAN, P.A. BY: HUDSON C. GILL, ESQUIRE 2455 East Sunrise Boulevard Suite 1000 Fort Lauderdale, Florida 33304 Tel: 954.463.0100 Fax: 954.463.2444 E-mail: hgill@jambg.com ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MICHAEL G. AHEARN January 28, 2015 O'BOYLE vs. TOWN OF GULF STREAM 3 1 INDEX OF EXAMINATION 2 WITNESS PAGE 3 MICHAEL G. AHEARN 4 DIRECT EXAMINATION 4 5 BY MR. GILL 6 7 INDEX TO EXHIBITS 8 EXHIBIT DESCRIPTION PAGE 9 10 Defendant's I.D. Exhibit No. 1 - Subpoena 4 Duces Tecum 11 Defendant's I.D. Composite Exhibit No. 2 - 7 12 Complete File 13 Defendant's I.D. Exhibit No. 3 - Curriculum 17 Vitae 14 Defendant's I.D. Exhibit No. 4 - Witness's 25 15 report 16 17 18 19 20 21 (Original Exhibits have been attached to the 22 original transcript.) 23 24 25 O ESQUIRE 800.211.DEPO (3376) • o 0 • • EsquireSolutions.com 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 MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM DEPOSITION OF MICHAEL G. AHEARN Wednesday, January 28, 2015 January 28, 2015 4 MICHAEL G. AHEARN having been first duly sworn, testifies as follows: DIRECT EXAMINATION BY MR. GILL: Q. Please state your name for the record. A. Michael, initial G., Ahearn, A -h -e -a -r -n. Q. Mr. Ahearn, you are an attorney; are you not? A. Yes, I am. Q. So you understand what a deposition is? A. Yes. Q. And you understand the process? A. Yes. Q. I can forego the rules? A. Absolutely. MR. GILL: We will mark this as the first exhibit. (Defendant's I.D. Exhibit No. 1 - Subpoena Duces Tecum was marked for identification.) BY MR. GILL: Q. Back on the record. Mr. Ahearn, did you receive a subpoena to be here today? A. Yes, I did. ESQUIRE 800.211.DEP0 (3376) Esquire Solutions. com MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM January 28, 2015 5 1 Q. And is that what was marked as Exhibit 1? 2 A. Correct. 3 Q. And the subpoena asked you to bring certain 4 documents with you; did it not? 5 A. Yes, it did. 6 Q. And did you do that? 7 A. I have some, not all. 8 Q. Okay. Why didn't you bring all the documents 9 with you? 10 A. My assistant has my billing file on this 11 right now, and she -- basically, I have not billed this 12 file to the client yet. I can have it to you no later 13 than Friday if you need it, but essentially right now, 14 she has my handwritten notes which basically needs to be 15 transcribed over into a bill. 16 Also, one of the issues was that I realized 17 that we have not segregated our billing in this case 18 because I've been represented in two different matters 19 regarding the same Plaintiff, so we need to go back and 20 do that again. 21 Other than that, I do have the other 22 documents you requested. 23 Q. Just so I'm clear, what you do not have is 24 your billing records? 25 A. Correct. You asked for my bills, but then I ESQUIRE 800.211.DEPO (3376) EsquireSol utions. com MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM January 28, 2015 6 1 don't have -- I have never tendered them a bill yet. 2 You did ask for any notes -- I guess I call them 3 notes -- that I have regarding what my -- basically, 4 that I took notes, establishing my bill, which then I 5 would turn over to my assistant. She would then 6 generate a form bill for. So I don't have those 7 handwritten notes either. 8 Q. Okay. But they are all related to billing? 9 A. Yes. 10 Q. And you said you can provide those by Friday? 11 A. Absolutely. 12 Q. Okay. I can give you my e-mail address. 13 That's fine. 14 A. That's fine. 15 Q. Or paper copies. Okay. 16 What did you bring with you? 17 A. I have a copy of my CV. I have my Terms of 18 Engagement between myself and the client. I have my 19 report, the First Amended Complaint, and the Order on 20 the Motion to Dismiss. I believe that there is a cover 21 letter that I do not have here that, again, I did 22 provide to the client with my terms of engagement, 23 laying out my request for the actual retainer. 24 And, again, I'll provide a copy of that to 25 you as well when I send over everything else on Friday. ESQUIRE 800.211.DEPO (3376) 7 1 0 ., : EsquireSolutions.com 2 3 4 5 6 7 8 7 13 14 15 16 17 18 19 20 21 22 23 24 I; MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM January 28, 2015 7 Q. And can we mark those as like one composite exhibit, what your file is that you brought with you? A. Yep. And there's a copy of your subpoena. Q. Okay. A. This is it. Q. Okay. So will you organize it how you keep it organized, or what you consider the best way to organize it? A. Okay. Do you want me to just give you as a composite after, or do you want to put it all together now? Q. Let's put it all together now and we can mark it. A. I will put it basically, as much as I can in, basically, how I received it. Q. So this is the entire file that you brought with you today? A. Correct. MR. GILL: We will mark that as Composite Exhibit 2. (Defendant's I.D. Composite Exhibit No. 2 - Complete File was marked for identification.) BY MR. GILL: Q. Mr. Ahearn, I know we know the rules, but I feel like we are talking over each other a little bit. ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM January 28, 2015 8 1 The court reporter is going to get mad at us. 2 A. I understand. 3 Q. Do your best to wait for each other to 4 finish. 5 A. Yes. 6 Q. The subpoena that you received for this 7 deposition, your CV, and this document that's entitled, 8 "Terms of Engagement," that is the Terms of Engagement 9 you sent to the client? 10 A. Yes. 11 Q. Then there's another document that's 12 entitled, "Standard Rates for Costs and Expenses." Does 13 that go with your Terms of Engagement? 14 A. Yes. 15 Q. Then you have a copy of your report, correct? 16 A. Correct. 17 Q. And then it looks like a copy of the Order on 18 Motion to Dismiss? 19 A. Correct. 20 Q. First Amended Complaint? 21 A. Correct. 22 Q. And other than the billing records we have 23 discussed, this is your entire file? 24 A. Yes. 25 Q. With respect to your terms of engagement, is ESQUIRE 800.211.DEPO (3376) 5 0, O T 10 N 5 Esquire Solutions.com 2 3 4 5 6 7 8 9 13 14 15 16 17 18 19 20 21 22 23 24 25 MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM January 28, 2015 9 that your standard terms of engagement you use for nonexpert cases? A. No. That is a -- again, I have never been an expert in a case before. It was kind of a document I had put together that was not -- it was not my normal law firm engagement letter. That is my hybrid of a letter that I had used with a lobbying client. Q. It references attorney/client relations in there? A. It should not. Q. So you don't have an attorney/client relationship with Mr. O'Boyle; do you? A. I do not. I'm not here as counsel, and if it is in there, it's an error. And I realize now upon reviewing it, that when I actually titled the document, I should have contracted under my corporation of Michael Ahearn Consulting and not the P.A. Q. With respect to the billing records that you are going to be providing, can you give me an estimate of what your first bill to Mr. O'Boyle will be? A. Yes. I would approximate between six to eight hours depending on how late we go today. Q. And that is total time? A. That is total time on the Gulf Stream case. Q. You mentioned that you have been retained by ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MICHAEL G. AHEARN January 28, 2015 O'BOYLE vs. TOWN OF GULF STREAM 10 1 him to act as an expert in another case; is that 2 correct? 3 A. Yes. 4 Q. What case is that? 5 A. There's a -- I believe it's in my engagement 6 letter. There's a separate case number. May I? 7 Q. Yes. 6 A. If they have -- Mr. O'Boyle has a case 9 against the City of Delray Beach. I apologize. I have 10 two case numbers written on my engagement agreement, but 11 which one -- this was 80317. 12 I am retained in the matter of, I believe 13 it's Mr. O'Boyle versus the City of Delray Beach, case 14 number 14-80270, before Judge Middlebrooks. 15 Q. And does it say anywhere in your terms of 16 engagement what precisely you were engaged to provide 17 expertise in? 18 A. Probably, I believe it does. 19 No, actually -- and again, it refers to legal 20 services, which, again, which is not what I'm providing 21 here. But, again, no, it does not specifically state. 22 It was understood in the oral agreement between myself 23 and the client. And again, they also -- we do not 24 have -- I looked for a signed agreement. We don't have 25 a signed agreement. Essentially, I had forwarded them O ESQUIRE 800.211.DEPO (33 76) S 0, U. 1 0 N: EsquireSolutions.com 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 MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM January 28, 2015 11 this document. And then they had retained me, given me an initial retainer, and that's basically what sealed the deal. Q. What was the retainer? A. $4,000. Q. And what was the oral understanding of what you would be providing? A. I was providing them my analysis as an expert in regards to campaigns; specifically, the -- my expert analysis regarding the value impact of campaign signs, yard signs, et cetera. Q. And is that the same in the Delray case? A. Yes, it is. Q. You mentioned that it should be -- strike that. The terms of engagement is on behalf of Michael G. Ahearn, P.A., correct? A. Correct, which is my law firm. Q. And you also have a consulting business? A. Yes, I do. Q. What is that called? A. Michael Ahearn Consulting. Q. Do you have any other businesses? A. No. May I add, Michael Ahearn Consulting -- yes, I do. Actually, I do have other businesses. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MICHAEL G. AHEARN January 28, 2015 O'BOYLE vs. TOWN OF GULF STREAM 12 1 Michael Ahearn Consulting is registered as a fictitious 2 name with the State of Florida. Another corporation I 3 have is called South Florida Arbitrations, which also 4 runs an additional fictitious name called Michael -- I'm 5 sorry -- Ahearn Dispute Resolution, which I do 6 mediations under. 7 Q. Okay. So I guess, generally speaking, you 8 have a P.A.? 9 A. Correct. 10 Q. You also have a consulting business? 11 A. Correct. 12 Q. And then you have a dispute resolution 13 business? 14 A. Correct. 15 Q. Do you have any other businesses that you 16 conduct? 17 A. No. 18 Q. How long have you been an attorney? 19 A. Seventeen years. 20 Q. And when did you graduate from law school? 21 A. 1997. 22 Q. Where did you attend law school? 23 A. St. Thomas University. 24 Q. Where did you attend undergrad? 25 A. Fordham University, Bronx, New York. ESQUIRE Esquire o��ons.com) MICHAEL G. AHEARN January 28, 2015 O'BOYLE vs. TOWN OF GULF STREAM 13 1 Q. What did you get your undergraduate degree 2 in? 3 A. Political Science. 4 Q. What year did you obtain that degree? 5 A. 1994. 6 Q. You are admitted to the Florida Bar? 7 A. Yes, I am. 8 Q. Are you admitted in any other state Bars? 9 A. No, I am not. 10 Q. Have you ever been admitted to any other 11 state Bars? 12 A. No, I have not. 13 Q. Other than attending law school, have you 14 attended any other postgraduate programs? 15 A. No, I have not. 16 Q. How long have you had your P.A.? 17 A. I believe approximately from 2000, 2001, so 18 about 13, 14 years. 19 Q. How long have you had your consulting 20 business? 21 A. The business itself was created as a 22 fictitious name in 2014. I had accepted payment as a 23 consultant previously and had put it under my other 24 company of South Florida Arbitrations. I received funds 25 1 for the first time on that in 2012. ESQUIRE 800.211.DEPO (3376) 8 0 L u T i 0 X 9 EsquireSolutions.com MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM January 28, 2015 14 1 Q. "That" being the dispute resolution business? 2 A. Yes. 3 Q. Okay. So that was 2012 is the first time you 4 received funds? 5 A. Correct. 6 Q. But the year 2014, with respect to funds you 7 brought in between -- well, in total, can you break down 8 percentage -wise through the P.A., the consulting, and 9 the dispute resolution? 10 A. I would have to look at my tax returns. I 11 mean, I know what I was paid for consulting -- 12 Q. Okay. 13 A. -- if you would. 14 Q. What were you paid for consulting in 2014? 15 A. I was paid, I believe, $37,000 by a judicial 16 candidate, Russell Thompson, Broward County. I was paid 17 $2,500 by Judge Raag Singhal, S -i -n -g -h -a-1. And I 18 believe I was paid $1,500 -- between $1,500 and $2,000 19 from Judge Steven DeLuca. 20 Q. What was the last amount? 21 A. Somewhere -- I think it was -- it was between 22 1,500 and $2,000. 23 Q. That was for consulting work in 2014? 24 A. Correct. 25 Q. And then can you give me any kind of estimate ()ESQUIRE 800.211.DEPO (3376) Q o :. < <: 1 EsquireSolutions.com MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM January 28, 2015 15 1 for your dispute resolution business, how much you were 2 paid in 2014 for that? 3 A. I would have to look at my tax returns. 4 Q. Okay. I'm just looking to get an estimate of 5 how much work you do in each area. 6 A. Okay. 7 Q. If there's a way you can do that that I'm not 8 asking, please go ahead. 9 A. I can't give you a percentage because what 10 happens is with my consulting -- basically, with 11 politics is, my primary income comes from my law firm, 12 and the resolution business. I spend a lot of -- 13 significant amount of time. Again, because of the money 14 that I get from those businesses, it affords me a lot of 15 leeway and opportunity to do work with people and 16 candidates that I don't always necessarily am paid for. 17 But, again, people come to me. They come to 18 me for advice, this and that. I have those clients 19 which I have stated that I have actually been paid and 20 hired for. 21 There was another campaign that I worked in 22 2014 that I was involved with, that I was not paid for. 23 But I played -- basically ran it, was a significant role 24 in it. It was -- again, I do things for people. A lot 25 of time I do things for friends. Fortunately, I have ESQUIRE 800.211.DEPO (3376) 9 0 L Y i 1 0 X 5 EsquireSolutions.com MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM January 28, 2015 16 1 the luxury of being able to help people I believe would 2 be good for elected office. And, again, if the means 3 are there to pay me, again, I'm glad to -- obviously, 4 I'll accept them, but many times they are not. 5 Q. Okay. So your primary comes from your P.A. 6 and your dispute resolution business? 7 A. Absolutely. 8 Q. Could you, in terms of time, break it down by 9 2014, like what percentage of time? 10 A. I couldn't. 11 Q. Okay. In terms of your P.A., what kind of 12 work do you generally do? 13 A. I do general civil litigation, some criminal 14 litigation, primarily focusing on guardianship and 15 probate. I do some civil transactional work. I do also 16 criminal work as well. 17 Q. Are you a member of the Federal Bar? 18 A. Yes, I am. 19 Q. What about the 11th Circuit? 20 A. I took the Federal Bar exam in 1999, and I 21 think absent about a couple, two or three bankruptcies I 22 did probably in the late 190s, I haven't seen the inside 23 of a Federal Court since. So I don't know -- I know 24 it's a long answer. I have no -- again, I just assumed 25 that I was in the 11th, but maybe, again -- again, maybe ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 2 3 4 5 6 7 8 9 13 14 15 16 17 18 19 20 21 22 23 24 25 MICHAEL G. AHEARN January 28, 2015 O'BOYLE vs. TOWN OF GULF STREAM 17 I was not. MR. GILL: Fair enough. We will mark this as the next exhibit. There are going to be four exhibits. (Defendant's I.D. Exhibit No. 3 - Curriculum Vitae was marked for identification.) BY MR. GILL: Q. Have you seen that document before? A. Yes. Q. Is that your CV? A. Yes, it is. Q. In your file, there was another copy of your CV; is it the same copy? A. Yes, it is. Q. Is this a true and accurate representation of your, I guess, experience to date? A. Yeah. The only thing I would -- again, I would say on there, again, I list my active campaign work from 2010 to present. As I stated in my report, I mean, I kind of grew up in the campaign business as coming up as a lawyer; did everything from putting out fires and other things to probably 50, 60 candidates over the 190s and through that time period. So I mean, basically, the candidates that I have listed here are candidates that I either directly ESQUIRE 800.211.DEP0 (3376) EsquireSolutions. com MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM January 28, 2015 18 1 ran the campaign or played a very significant role in 2 the campaign. But I mean, again, I've pretty much done 3 every job there is in a campaign coming up. 4 Q. Okay. Are there any candidates or campaigns 5 not listed here that you have either ran the campaign or 6 played a significant role in? 7 A. The only campaign I would add at this point, 8 because I believe I may have been retained subsequent to 9 this is Michael Lynch for Circuit Court Judge in Broward 10 County. 11 Actually, I notice on here that candidate 12 Russell Thompson is -- I don't have him listed on here 13 either, who I worked for him last year, and Ken Keechl 14 for Broward County Commission. 15 Q. Since graduating from law school, have you 16 attended any seminars or workshops or classes on running 17 campaigns? 18 A. No, I have not. 19 Q. How about advertising for campaigns? 20 A. What do you mean? 21 Q. Have you attended any workshops, seminars, or 22 educational programs on specifically advertising 23 political campaigns? 24 A. No, I have not. 25 Q. Other than the three businesses we talked ESQUIRE 800.211.DEPO (3376) Esquire Solutions. corn MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM January 28, 2015 19 1 about and three businesses on here, which are basically 2 the same, do you have any other source of income? 3 A. No, I do not. 4 Q. Since graduating from law school, have you 5 had any other employment other than what's listed on 6 your CV? 7 A. Yes. I worked for a law firm out of law 8 school, so it would be roughly 197 to when I opened my 9 P.A. It was either 2000, 2001. Shepard & Leskar in 10 Plantation, Florida. 11 Q. You said you had an oral agreement when you 12 were retained in this case. Who did you speak with 13 about that agreement? 14 A. Mr. Mesa. 15 Q. Have you ever spoken to Mr. O'Boyle? 16 A. No, I have not. 17 Q. How did Mr. Mesa contact you? 18 A. I believe Mr. Mesa -- my understanding is he 19 was -- they were looking for an expert and someone had 20 referred or had given him my name to call. I don't 21 recall who it was. 22 Q. Before he contacted you about this case, had 23 you ever met Mr. Mesa before? 24 A. No, I had not. 25 Q. Other than the Amended Complaint and the ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MICHAEL G. AHEARN January 28, 2015 O'BOYLE vs. TOWN OF GULF STREAM 20 1 Court's Order on the Motion to Dismiss, did you rely on 2 any other sources of information in preparing your 3 report? 4 A. No. My own personal experience in working 5 with campaigns and dealing with vendors and pricing and 6 things like that. 7 Q. Okay. In terms of the information regarding 8 Mr. O'Boyle's campaign, did you rely on any other source 9 of information other than the First Amended Complaint 10 and Court's Order on the Motion to Dismiss? 11 A. No, I did not. 12 Q. You weren't involved in Mr. O'Boyle's 13 campaign in March 2014? 14 A. No, I was not. 15 Q. In terms of your consulting business and then 16 your campaign work, is it primarily in judicial 17 campaigns? 18 A. Yes. 19 Q. In terms of the campaigns that you either 20 played a substantial role in or actually ran the 21 campaign, were any of those for municipal commissions? 22 A. Mayor of Fort Lauderdale. Mayor of Fort 23 Lauderdale, and Keechl race was Broward County 24 Commission District 4. 25 Q. And when you say "Mayor of Fort Lauderdale," O ESQUIRE 800.211.DEPO (3376) 5 0 1 O T 1 0 M 5 EsquireSolutions.com 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 MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM who are you referring to? A. Mayor Jack Seiler. January 28, 2015 21 Q. What was your role in Mayor Seiler's campaign? A. I have served as a campaign advisor to Mayor Seiler since he first -- I've been involved with Mr. Seiler's campaign since I was his law clerk back in 1997. The three mayoral campaigns from 2009 to, literally, present today, I have served as campaign advisor basically being involved with all decision in all matters in the business of the campaign. Q. Explain to me what a campaign advisor does. A. I do everything from, again, being involved with speech -writing, creating message, creating -- working with graphic designers to create mail pieces, Web sites. I also do -- I'll deal with different community leaders. I'll deal with distribution of materials, ordering yard signs, placement of yard signs, replacing yard signs, which happens often. Quite honestly, pretty much anything and everything in between. Q. With respect to Mayor Seiler, did he have more than one campaign advisor? A. He had my wife -- my wife, again, because of my relationship with Jack, Jack is someone who is a very O ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM January 28, 2015 22 1 close friend, my best man at my wedding. I have never 2 been a paid employee of his campaign. My wife has -- is 3 a paid employee of the campaign for him in 2012 and 2015 4 currently. 5 Q. Is your wife an attorney? 6 A. No, she's not. 7 Q. What was her role in the campaign? 8 A. She's basically -- she's the person in my 9 life. She's the organizer of things and the person that 10 makes sure that, you know, the appointments are kept, 11 that everybody is in place on election day. She's, 12 basically, I would say, his executive assistant in the 13 campaign. 14 Q. Other than you and your wife, did anyone else 15 work on Mayor Seiler's campaign in a similar, I guess, 16 level? 17 A. Not that I'm aware of. 18 Q. What was your position with Ken Keechl's 19 campaign? 20 A. I served as advisor as well. 21 Q. Did he have any other advisors? 22 A. Not that I'm aware of. 23 Q. Does your wife perform that function on any 24 other campaigns? 25 A. She performed that function for -- until ESQUIRE 800.211.DEPO (3376) EsquireSolutions. corn MICHAEL G. AHEARN January 28, 2015 O'BOYLE vs. TOWN OF GULF STREAM 23 1 recently, my wife had worked in my office. So it was 2 kind of all hand-in-hand. My wife now has taken a job 3 with a bank here in Fort Lauderdale, so I'm kind of 4 rolling between assistants at the moment. 5 She did perform that role with Judge Dale 6 Ross in 2012. 7 Q. I guess, in terms of what you would classify 8 your wife's profession as, is she a professional 9 campaign -- 10 A. No. Sorry. 11 Q. -- person? 12 A. She is not. 13 Q. And I may have asked this already, but have 14 you ever provided expert testimony before? 15 A. No, I have not. 16 Q. Have you ever appeared in court as a witness 17 regarding campaigns in general? 18 A. No, I have not. 19 Q. Do you know how many lawsuits Mr. O'Boyle is 20 currently engaged in against the Town of Gulf Stream? 21 A. No -- well, one. 22 Q. Okay. Fair enough. 23 Other than this lawsuit, are you aware if 24 Mr. O'Boyle has any other lawsuits against the Town of 25 Gulf Stream? r� ESQUIRE 800.211.DEPO (33 76) o � EsquireSolutions.com MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM January 28, 2015 24 1 A. No. 2 Q. Are you aware if he had any pending on March 3 11th, 2014? 4 A. No. 5 Q. Have you ever seen Mr. O'Boyle's Web site? 6 A. No. 7 Q. Have you ever seen any polling data for 8 Mr. O'Boyle's campaign for Gulf Stream Town Commission? 9 A. No. 10 Q. Do you know if he conducted any polling data? 11 A. No. 12 Q. Do you know if Mr. -- 13 MR. MESA: When you're saying "no," you're 14 saying no to, you have never seen polling data? 15 THE WITNESS: No. 16 BY MR. GILL: 17 Q. And you're not aware if he has done any? 18 A. No. 19 Q. Do you know what Mr. O'Boyle's campaign 20 platform was for Town Commission? 21 A. No. 22 Q. Do you know how many total signs Mr. O'Boyle 23 put out in his campaign to be Town Commissioner? 24 A. I don't recall. I may have. I don't recall 25 if I ever knew a hard number. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 2 3 4 5 6 7 8 9 13 14 15 16 17 18 19 20 21 22 23 24 25 MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM January 28, 2015 25 Q. Do you know if Mr. O'Boyle used any other forms of advertising in his campaign? A. No. Q. Do you know what the final results were in terms of votes in the March 11th, 2014 Commission election? A. No. Q. Have you ever spoken to Mr. O'Boyle? A. No. Q. And you've never met him? A. No. MR. GILL: Mark this as the next exhibit. (Defendant's I.D. Exhibit No. 4 - Witness's report was marked for identification.) BY MR. GILL: Q. Before we get to the next exhibit, you provided a report in this case? A. Yes, I did. Q. Do you have any other opinions that are not -- regarding the case, that are not contained in the report? A. No, I do not. Q. Who drafted the report? A. I did. Q. Did you provide it to Mr. Mesa or anyone ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM 1 1 associated with him before it was finalized? January 28, 2015 26 2 A. I sent him -- I sent Mr. Mesa a copy of it 3 when I believed it was finalized. There was an error in 4 it because I had mixed -- I had -- I believe I had 5 mixed -- I had the wrong case number and the Defendant, 6 and he sent it back to me, and I believe there were a 7 couple of typos in it that he had pointed out. 8 Q. Okay. Other than those changes you just 9 discussed, did Mr. Mesa either suggest or recommend any 10 other changes? 11 A. No. 12 Q. Did he suggest any changes to your opinions? 13 A. No. 14 Q. I show you the next exhibit. 15 A. I have my copy of it. 16 Q. Let's use that one. Is that copy signed? 17 It's part of your file. 18 A. No, it's not. 19 Q. That's the one you signed, so let's use that 20 one. Take a moment to make sure it's... 21 A. Okay. I reviewed it before coming in, so I'm 22 ready to go with it. 23 Q. Do you know if Mr. O'Boyle's opponent in the 24 March 11, 2014 election had any campaign signs? 25 A. No. ESQUIRE 800.211.DEPO (3376) 9 0 l U. 1 0 N 9 EsquireSolutions.com MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM January 28, 2015 27 1 Q. In preparing this report that's been marked 2 as Exhibit 4, did you rely on any published materials or 3 studies or things of that nature? 4 A. No. 5 Q. Did you review the Town of Gulf Stream's sign 6 ordinance in preparing the report? 7 A. I believe -- well, I had reviewed the 8 complaint, which I believe referenced it. 9 Q. Do you have any experience in your law 10 practice in dealing with First Amendment claims 11 regarding sign ordinances? 12 A. No, I have not. 13 Q. On page 2, I guess the first paragraph, you 14 reference: "The primary value of campaign signs are 15 location, location, location, and as to the message, 16 repetition, repetition, repetition." 17 What did you rely on in providing that 18 1 opinion? 19 A. My personal experience in being involved in 20 campaigns for 17 years. 21 Q. Are you aware of any studies that have been 22 performed to determine effectiveness of campaign signs 23 versus any other modes of communication? 24 A. No. 25 Q. Below I guess subparagraph A, it says: ESQUIRE 800.211.DEPO (3376) = 0 L U* 1 0 N S Esquire Solutions.com 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 MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM January 28, 2015 28 "In my almost 20 years of being involved in political campaigns, it is my opinion that one of the most effective ways to create a cohesive campaign is through the use of campaign yard signs." What do you mean by that? A. Essentially what I mean by that is, that again, we are dealing -- there's various terms for it. I'm talking about the general smaller sign that would be placed with a candidate's name and identifiers on it that it would be placed in typically a yard or business. Essentially what I mean by team building is that it brings the people together who are supporters. It's kind of their piece of the rock, their piece of being involved in the campaign; I have this person's sign in my yard, in front of my business, in front of my commercial property; you know, I'm showing the world that I am involved and I'm the team, which is comprised as the campaign. Q. So when you say "campaign team," you mean supporters in general? A. Correct. Q. Do you know where the campaign signs were located that were allegedly removed by the Town? A. Upon review of the Complaint and the Order, ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com 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 MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM January 28, 2015 29 it is my understanding that some were placed in front of private properties; others were placed near right-of-ways. Q. Would the sounds -- excuse me. Would the signs that were on a right-of-way as opposed to on private property, would those be part of this opinion of involving a cohesive campaign team? A. Yes, it would. I believe that there would be a tie between it, because I believe that if people saw the sign, for whatever reason wanted to have an interest in the candidate, reached out to the candidate, wanted to learn more about the candidate, they too, themselves, may come along and wish to have a sign in their own yard or have some other participation in the campaign. Q. But I guess in terms of this opinion regarding campaign team, if there's no team member associated with that location, meaning, it's not in someone's front yard? A. Correct. Q. I mean, would that still -- I mean, I don't see how it's part of a team if it's on public property and not in front of a specific person's house. A. Right, but the ultimate effect of having a sign -- again, having a sign visible, the point is having visibility and having it seen by potential voters ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM January 28, 2015 30 1 and/or supporters. So, again, if it ultimately could 2 lead to team building, if someone were to see this sign 3 and say, hey, I have an interest in this candidate or 4 this issue, I learn more about it, and then I become a 5 supporter. 6 Q. Is there such a thing as too many signs? 7 A. No. 8 Q. So if a campaign or candidates for some 9 election puts out a sign every foot in a right-of-way, 10 papers the Town with signs, you don't think that would 11 have a negative impact on the campaign at any level? 12 A. No, I don't. 13 Q. And what are you basing that opinion on? 14 A. Based on the opinion that I will deduct from, 15 essentially, a water down -- not a water down opinion -- 16 I view it as the same light as generally negative 17 campaigning or negative commercials. 18 Everybody says that they don't like negative 19 commercials and everybody says they don't like the 20 proliferation of signs everywhere, but every cycle, 21 there's more and more. And typically, people -- again, 22 in my experience, and this is not scientific fact -- 23 people who tend generally to have more signs win. 24 Q. You also say and this is in Section B: 25 "Political signs can equal credibility." Explain that ESQUIRE 800.211.DEPO (3376) o L . , 0 11 S EsquireSolutions.com 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM to me. January 28, 2015 31 A. Well, in my opinion, in what I have seen in my time as working in campaigns, is that my opinion is that people believe -- I believe that people think when they see more signs, they think that the candidate is more active, that they think that, you know, he's probably well-financed, that he is -- you know, again, he's popular. These may not be ultimately accurate, but on the other side of it, that seems to be how these things work is that, you know, again, going back to the original analogy, the person with the most signs typically wins. Q. Do you think your opinions would change if the, I guess, jurisdiction that the election is for was so small that everyone already knows everyone? A. No. Q. Meaning, if you have a small town with a hundred residents, do you still believe that the more signs would have an impact on the election, even though everyone already knows who is running? A. Yes. Q. Why do you believe that? A. Because I believe you can never have enough ability; you can never have enough means to get your name out there. How -- again, we will go into ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM January 28, 2015 32 1 hypotheticals. Now, again, maybe it's the same, I don't 2 know, five town fathers who have been commissioners for 3 the last 20 years. And unfortunately, one of them turns 4 around and gets, as I said, the old expression from 5 politics, the live boy or the dead girl. Then, all of a 6 sudden, that candidate is not going to be guaranteed 7 anything anymore. Again, the person with the most signs 8 who may be in the right place at the right time, wins an 9 election. 10 Q. Going to the next page, I guess page 3, on 11 the second paragraph, it says: "The belief here is that 12 said signs will be helpful to the uninformed and the 13 informed voter." 14 Do you have any information that any of the 15 voters in the Town of Gulf Stream are uninformed about 16 Mr. O'Boyle? 17 A. No, I do not. 18 Q. Do you know who worked on Mr. O'Boyle's 19 campaign? 20 A. No. 21 Q. Do you know how much he spent in his 22 campaign? 23 A. No, I do not. 24 Q. The last sentence of that paragraph says: 25 "Accepting as true that the Plaintiff was ESQUIRE 800.211.DEPO (33 76) S O L Y i 1 0 N 5 EsquireSolutions.com MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM January 28, 2015 33 1 considered the least well-known candidate in the 2 Town election, the loss of campaign signage has a 3 more pronounced effect on its campaign than 4 compared to the effect it would have on a 5 incumbent's or well-known City Advisory Board 6 Member's campaign." 7 What if Mr. O'Boyle was not, in fact, the 8 least well-known candidate and was incredibly well-known 9 in the Town; would that change that opinion? 10 A. I think overall, any candidate who is running 11 for office who has signs up, signs are removed, 12 whether -- you know, whether the most popular man in 13 town, whether the guy who just came into town yesterday 14 and doesn't know anybody, I believe that the -- again, 15 if signs were placed, signs were removed, and it was, 16 you know, before an election and the time that -- you 17 know what I mean? Again, it would be odd for signs to 18 be removed. I believe that people would question as to 19 why and question the person. 20 Q. But I guess in terms of how pronounced the 21 effect was, if Mr. O'Boyle was, in fact, a well-known 22 candidate, would it be less impact for him? 23 A. I don't know if I can go that far to 24 speculate it, because I think there's other factors that 25 could be part of that. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 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 MICHAEL G. AHEARN January 28, 2015 O'BOYLE vs. TOWN OF GULF STREAM 34 Q. Such as? A. Well, such as the fact that it is my understanding in reviewing of the Complaint and the Order, that the signs were removed by the City. If people, residents of the City were driving through town, and saw that City employees in a City truck were removing signs, would probably not leave a good impression as to the person whose name are on those signs, that for some reason, they may have done something wrong. Q. What if they were removing both the candidate's signs and the opposing candidate's signs? A. Really outside of my realm for speculation. Q. Well, I mean, you're giving an opinion that -- A. It wouldn't -- I'll -- fine. I would say that it's not good for anybody to have anyone see your signs being removed by City employees because it certainly would leave an impression that you've done something wrong. Q. Does the City of Fort Lauderdale have a sign code that places restrictions on political campaign signs, the standard signs? I'm not sure -- what do you call those exactly? A. Yard signs. ESQUIRE 800.211.DEPO (3376) :% 1 < EsquireSolutions.com MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM January 28, 2015 35 1 Q. Yard signs. Does the City of Fort Lauderdale 2 have any restrictions on yard signs? 3 A. No. 4 Q. So you can put them up year-round, 365 days, 5 in any location? 6 A. Yes. 7 Q. For Mayor Seiler's campaign, did they place 8 yard signs along major roadways in the right-of-way? 9 A. I did not have anyone that placed signs under 10 my direct control or any -- or my wife, that would 11 direct people to put them in swales or medians or 12 anything like that. 13 Did I -- could I say that I've never seen one 14 in the swale? I have. So, again, I don't do that 15 because, again, as far as I'm concerned, that's tacky. 16 But it has -- you know, it probably has been done. 17 Q. So in your experience, you don't do that when 18 you were running Mayor Seiler's campaign? 19 A. Again -- no, I don't. 20 Q. You don't direct your staff to do that? 21 Basically, they could ignore your directions, but that's 22 not -- 23 A. No. There's also -- because there's not just 24 staff. I mean, again, there's people who come into the 25 campaign and say, listen, you know, I want to go put out ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MICHAEL G. AHEARN January 28, 2015 O'BOYLE vs. TOWN OF GULF STREAM 36 1 some signs. Okay, well, go put out some signs. 2 I don't give -- you know what I mean? As I 3 said, we all see it during campaigns, signs end up 4 everywhere. I mean, during this last campaign with 5 Governor Scott and Charlie Crist, I don't think there 6 was probably one inch of greenery and probably that you 7 could put two pieces of metal into a ground that didn't 8 have a sign. 9 Q. Sure. I guess I'll rephrase my question. 10 As Mayor Seiler's campaign advisor -- 11 A. Correct. 12 Q. -- you don't direct staff members to put 13 signs in the swale or in the right-of-way, I guess, on 14 the side of roads; is that accurate? 15 A. No, I do not. 16 Q. And you don't do that because you believe 17 it's tacky? 18 A. I believe that -- again, if it's -- it's 19 not -- if I don't have authorization to put a sign 20 somewhere, I don't. But that doesn't mean that, again, 21 others don't. Candidates do it all the time. 22 Q. Moving on to the damages portion of your 23 opinion -- 24 A. Okay. 25 Q. -- explain to me how you came up with your ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM January 28, 2015 37 1 damages. 2 A. Is there any specific part? I do actually 3 expound on a number of different... 4 Q. Well, let's start -- 5 A. About four pages of it. 6 Q. Sure. Let's work our way backwards. 7 A. Okay. 8 Q. On the last page, you come up with a minimum 9 of $50,000 for the loss of the benefits of his campaign 10 signs, not including loss of reputation to the campaign 11 and the Plaintiff, to the signs that were wrongfully 12 removed. How did you come up with $50,000? 13 A. Essentially, I would say building upward as 14 far as getting out name recognition. If a person were 15 to lose their signs for whatever reason, then obviously, 16 they would have to turn to alternative media to get 17 their message out, which I've laid out through the 18 report. 19 That could go anywhere from -- you know, I 20 mean, it can go point -by -point, but anywhere from direct 21 mail to cable, to network, to newspapers, other 22 periodicals, banner planes -- again, this is a 23 beach -front area -- banner planes and anywhere upward 24 and onward that could be done to get your name out 25 there. ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com 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 MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM January 28, 2015 38 Q. Okay. But what does the $50,000 represent, the cost of replacing those lost signs? A. No. It's the cost of replacing getting the name -- getting the name out there. Literally, I mean, obviously, the signs cost anywhere between, I believe, 3.50 and $5 per sign. It's beyond the literal value of the sign. It's a matter of getting the name out there, getting your theme out there, getting -- you know, repetition, repetition, repetition, getting your name out there. Q. Do you know if Mr. O'Boyle used a banner plane during the election? A. No, I do not. Q. Do you know if he sent out mailings during the election? A. No, I do not. Q. In terms of coming up with the specific number, 50,000, how did you come up with that specific number as opposed to, you know, $49,999? A. Again, starting from the -- again, the portion of the report and the four pages that encompass my damages, it's essentially, basically, a combination of, again, maximizing each of the items that I detail. Essentially, everything on the list of items that one could do to get their name out there. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM January 28, 2015 39 1 Q. So is that $50,000 the total cost of what it 2 would take to do all these things you listed? 3 A. Well, obviously, the things I have listed, 4 1 you could do more of, less of, or none of. I'm saying 5 that if you did all of them, cumulatively, that would be 6 the cost. 7 Q. Okay. 8 A. I mean, again, TV commercials alone could 9 cost you $50,000 and that's one item. If you combined 10 every item I put here -- again, everything is a varying 11 level -- it could come up to $50,000. 12 Q. Okay. It could come up to more; it could 13 come up to less, right? 14 A. Absolutely. 15 Q. Okay. 16 A. I don't believe it could -- obviously, it 17 depends on how much money you have available to you. I 18 mean, if we are talking about -- I don't know. I mean, 19 if we are talking about -- again, if we're talking about 20 an unlimited budget, well, certainly, it could go over, 21 up, and beyond. 22 But, again, on the other side, if it's a 23 budget constraint, then, you know, it may not be 50-. 24 But I mean to do the -- to do the perfect impact or the 25 most substantial impact, I should say, you know, again, ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MICHAEL G. AHEARN January 28, 2015 O'BOYLE vs. TOWN OF GULF STREAM 40 1 50-, 50- would probably be the best number to overcome 2 to get your name out there and get rid of any stigma 3 that may be attached with having your signs removed. 4 Q. Do you know how many signs were removed? 5 A. No, I do not. 6 Q. Have you seen any polling data that happened 7 from the day before the signs were removed to the day 8 after? 9 A. No, I have not. 10 Q. So you don't really know if there was any 11 specific impact on this campaign for the removal of the 12 signs? 13 A. I don't think anyone does. No, I do not and 14 I don't believe that, again, anyone -- anyone would, 15 unless you actually talked to -- again, you don't 16 know -- as I said before, you may have someone who saw 17 the signs being removed by the City who may have an 18 opinion of it. 19 You may have someone who, for whatever 20 reason, never paid attention, saw the signs in the first 21 place, or they saw the sign, saw it removed, and 22 wondered what happened to it. I mean, polling, again, 23 without literally probably talking to every resident of 24 the City, you -- no one is going to have -- no one is 25 going to have an accurate. But certainly, if they are l ESQUIRE 800.211.DEPO (33 76) O l O i 1 0 N 5 EsquireSolutions.com MICHAEL G. AHEARN January 28, 2015 O'BOYLE vs. TOWN OF GULF STREAM 41 1 removed, people are going to wonder who saw it, why it 2 was removed. 3 Q. Well, you could do polling data; could you 4 not? 5 A. Sure. 6 Q. You could have taken a poll the day before 7 and you could have taken a poll the day after. That 8 would at least give you an estimate of what the damage 9 was? 10 A. Absolutely. 11 Q. And you don't know if that was done in this 12 case? 13 A. I have no idea. 14 Q. And you haven't done that? 15 A. No, I have not. 16 Q. Do you know if Mr. O'Boyle got his signs 17 back? 18 A. I believe in my recollection of the 19 complaint, that I know that he went to the City, like in 20 a garage area or something and saw them. I don't 21 know -- I don't recall right now if he specifically got 22 them back, but I do recall that he went to complain to 23 the City and there was a truck that had some in the back 24 of it or something of that nature. 25 Q. Would that make a difference if he received ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com MICHAEL G. AHEARN January 28, 2015 O'BOYLE vs. TOWN OF GULF STREAM 42 1 all the signs back the next day versus if he never 2 received them back, in terms of your opinion? 3 A. I don't think -- the issue is not whether he 4 literally received them back in hand; it's whether he 5 could put them back up. 6 Q. Do you know whether he was allowed to put 7 them back up on private property? 8 A. No, I do not. 9 Q. Would that make a difference? 10 A. As to ones that were on private property, it 11 would make a difference. But, again, it also goes back 12 to the fact that, you know, we don't know the impact of 13 those who either realized they were removed or, again, 14 worse yet, saw City employees out there pulling them out 15 of the ground. 16 Q. In, I guess, part B, damages section, so it's 17 damages to candidate's reputation, the last paragraph in 18 that on the next page, the sentence reads: "While 19 putting a specific dollar amount on the damage to the 20 reputation of the Plaintiff and his campaign would be 21 difficult, there certainly was a damage which I would 22 believe a jury would compensate the Plaintiff for.,, 23 A. Okay. 24 Q. Focusing on that, do you understand what the 25 Town's code says regarding placement of campaign signs? O ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM January 28, 2015 43 1 A. Yes. 13 2 Q. Okay. What if the Plaintiff had complied 3 with the ordinance, regardless of whether it was 4 constitutional or not, and only put them on private 5 property? 18 violated the sign code. 6 A. I don't understand your question. 7 Q. Well, if the damage was the removal of the 8 signs, couldn't the Plaintiff have complied with our 9 sign code and not have the damage? he put them in other areas. Does that make 10 A. I don't mean to be rude. I don't understand 11 1 the question. 12 Q. Fair enough. Part of the damage that I 13 believe you identified is the fact that the signs are 14 being removed by the Town. 15 A. Correct. 16 Q. Okay. The reason they were being removed by 17 the Town, according to the Town at least, is that they 18 violated the sign code. 19 A. Okay. 20 Q. As I understand the sign code, it does allow 21 campaign signs in certain areas, but for whatever 22 reason, the Plaintiff didn't put them just in that area, 23 he put them in other areas. Does that make sense to 24 you? 25 A. Okay. He had -- I am aware that he had signs ESQUIRE 800.211.DEP0 (3376) a o . . • o EsquireSolutions.com MICHAEL G. AHEARN January 28, 2015 O'BOYLE vs. TOWN OF GULF STREAM 44 1 in other places, other than private property. 2 Q. Right. Well, let me make it even a little 3 more simple. 4 A. Okay. 5 Q. The sign code at the time permitted signs, 6 campaign signs at least, in the right-of-way. 7 A. Okay. 8 Q. It permits them on private property. 9 A. Okay. 10 Q. Mr. O'Boyle chose, for whatever reason, to 11 put them in the right-of-way. Do you understand that? 12 A. Okay. 13 Q. Had he chosen to put them on private 14 property, they would have never been removed by the 15 Town, so couldn't Mr. O'Boyle have limited the damage by 16 complying with the sign code? 17 A. Well -- 18 MR. MESA: Objection to form. 19 THE WITNESS: -- but he also would have 20 limited his ability, I'm assuming. 21 Again, I have never been to the Town of Gulf 22 Stream, so I don't know the layout of the Town. 23 I don't know. I don't know the neighborhood. 24 I would just say, again, based on what you're 25 saying, is that he still loses visibility of the ESQUIRE 800.211.DEPO (3376) o � , EsquireSolutions.com MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM January 28, 2015 45 1 signs. He still loses -- again, he's curtailing 2 his visibility to get his name out. 3 BY MR. GILL: 4 Q. Isn't every candidate that complies with the 5 sign code and doesn't put them in the right-of-way, also 6 curtailing their visibility? 7 A. Yes. 8 Q. Do campaigns sometimes hire people to hold 9 signs? 10 A. Yes. 11 Q. What is that referred to as? 12 A. It's usually poll workers. Again, poll 13 workers -- just to define: Poll workers usually are 14 people that are hired to work a poll, hold a sign, but 15 again, it's kind of a catchall term for what you would 16 do when you volunteer for people. 17 Q. I know. I'm getting there. Some people call 18 it sandwich boards, the people -- I don't think they use 19 it anymore -- but I was just wondering if in campaigns, 20 there's some sort of phrase for people holding signs, 21 like on the side of the road. 22 A. They are just -- really, they are just 23 campaign workers. 24 Q. Do you have an opinion whether having a 25 1 person hold a sign is more effective than having a sign ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM January 28, 2015 46 1 stuck in the ground? 2 A. All depends who it is. 3 Q. How so? 4 A. How so is, I have been -- in all my 5 candidacies involved in Broward County, I have seen 6 people who, you know -- use an example. I have seen 7 candidates hire homeless people to hold up signs. Not 8 a -- in my opinion, not a very good representation for a 9 candidate. 10 You know, again, I think, obviously, if it's 11 someone of a clean-cut look, someone who, again, is -- 12 you know, basically, someone who is a clean-cut look as 13 opposed to someone who is homeless would have more of a 14 positive impact. 15 Q. So if you had been advising Mr. O'Boyle, 16 would you have advised him, if he had the funds, to hire 17 a clean-cut person to hold his signs around the Town as 18 opposed to putting them in the right-of-way where they 19 were going to be confiscated? 20 A. I would advise him to do whatever he had to 21 do to get his name out. If that was one of the things 22 that was an option available to us, absolutely. 23 Q. In the next sentence it says: "Costs of 24 funding alternative media to bring exposure to the 25 candidate." ESQUIRE 800.211.DEPO (33 76) I o „ , EsquireSolutions.com MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM January 28, 2015 47 1 A. Okay. 2 Q. Is that really, I guess, the methodology you 3 used to come up with the final figure, the $50,000? 4 A. Yes. Again, as you see, paragraph C, and 5 then precede into one, two, three, four subparagraphs, 6 which breaks down, again, different forms of media to 7 get your name out. 8 Q. I guess I just -- do you have a specific 9 methodology you use to come up with a $50,000 figure 10 from the signs that were confiscated? 11 A. Again, essentially, I am basically putting 12 together everything that is listed as a potential means 13 to get the name, the word out, and using, basically, a 14 full value of each item that you could do. 15 As we said earlier, you could -- if you have 16 less, if you don't have money available, then obviously, 17 you're constrained by that amount. If you have 18 unlimited funds, then you can do a lot more. 19 Q. So, for example, number 1 talks about 20 campaign commercials. 21 A. Correct. 22 Q. Is there a specific amount of campaign 23 commercials you would have to do to make up for the lost 24 signs? 25 A. There's never enough of anything, one thing ESQUIRE 800.211.DEPO (3376) 9 0 L. T I O f. 5 EsquireSolutions.com MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM January 28, 2015 48 1 that I have listed here, that someone can do. There's 2 never a cap. Anything and everything that you can do to 3 get your name and your message out that you have the 4 means to pay for, you need to do it. 5 And especially, again, if there's a situation 6 where, you know, you may have voters with one -- or 7 again, or a hundred or more -- that have become aware 8 that, you know, again, they saw the City truck pulling 9 up signs, or you know what I mean, or that there was 10 some kind of, you know, word about town that the signs 11 were removed. 12 I mean, essentially, again, in any campaign 13 you look at the pros and cons. Again, in November, Rick 14 Scott and Charlie Crist on down. Essentially, if 15 there's a negative out there on you, then you need to 16 spend whatever you can spend to counter the negative. 17 Q. With respect to like number 1, you say that 18 you give an estimate of .30 or 1 -- is that a minute 19 commercial? 20 A. Yeah, a 30 -second or a one -minute commercial. 21 Q. Okay. A 30 -second or a minute commercial 22 could run anywhere from 1,500 to $7,500; where do you 23 get those figures? 24 A. Those are figures based on my experience of 25 I candidates that have run commercials. ESQUIRE 800.211.DEPO (3376) 11 1 . - N EsquireSolutions.com MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM January 28, 2015 49 1 Q. Is there any specific station or person you 2 reached out to get those numbers with? 3 A. For this report? 4 Q. Yes. 5 A. No. 6 Q. Number 2 is direct mailings. Do you know if 7 Mr. O'Boyle did any direct mailings? 8 A. No, I do not. 9 Q. If he did do direct mailings, would that 10 change your opinion on what his damages were? 11 A. If he did them -- rephrase the question, 12 please. 13 Q. Okay. well, one of the things that you have 14 listed are campaign direct mailings. 15 A. Okay. 16 Q. If Mr. O'Boyle had, in fact, done direct 17 mailings, would that change your opinion at all on what 18 his ultimate damages were, meaning, you got one -- 19 A. If Mr. O'Boyle did -- I'm sorry. I 20 apologize. 21 Q. I was going to say -- go ahead. 22 A. Never good when two lawyers are doing a 23 deposition. I apologize. 24 Q. So you go ahead and give your answer and then 25 I will give my question. ESQUIRE 800.211.DEPO (3376) EsquireSol utions. com MICHAEL G. AHEARN January 28, 2015 O'BOYLE vs. TOWN OF GULF STREAM 50 1 A. If Mr. O'Boyle had to do direct mail in order 2 to respond to his signs being reviewed, that -- removed, 3 to have his -- to get his name out there, then 4 obviously, yes, that would be part of the damage. 5 Q. So if he had done it, your damages would go 6 up or go down? 7 A. That's part of the -- there is direct 8 mailings that is part of the ultimate $50,000 that I've 9 already -- that I have mentioned in the report, was that 10 if he had -- again, did he -- it's like cable; it's like 11 any of this, you do as much or as little as you want. 12 There's never enough. 13 Q. If, hypothetically, the day after the signs 14 were removed by the Town for the last time, the Town 15 gave Mr. O'Boyle $50,000, would that have made up for 16 the loss? 17 A. First of all, you -- we -- now, my 18 understanding is that there were signs that were removed 19 at different times. You said "the last time." Are you 20 talking about the signs that I believe were removed on 21 election day? 22 Q. Fair enough. 23 How about we focus on -- well, can you give 24 me a value of the signs on election day versus the signs 25 in advance of the election? f� ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com 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 MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM January 28, 2015 51 A. No, I wouldn't vary it. I think -- like I said, I think it's all extremely valuable. I don't think one is more valuable than another. Anything that gets the name out is valuable. Q. Do you know if he was allowed to keep any signs up on election day? A. No, I do not. Q. Are you familiar with the -- I believe it's the state law that says, no campaigning can take place within 100 feet of a campaign place? A. Yes, I am. Q. Explain to me, in your understanding, what that law says. A. Subject to much interpretation from the Supervisor of Elections Office for where you're doing it, is that it is -- one of the issues is that it's a hundred feet. Many times what happens is, is that nobody really knows where the hundred feet starts. Does it start with the first polling machine; in the area where the -- where you vote; is it from the front door; is it from the parking lot, to wherever. But essentially, again, you're supposed to be a hundred feet away. Q. That means the candidate and anyone with the campaign can't be campaigning within the hundred feet? O ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM January 28, 2015 52 1 A. Correct. 2 Q. How does it work if someone wears a T-shirt 3 to the -- 4 A. You cannot do it. You cannot do it. You 5 could not -- let's say you were voting. You would, 6 again -- or you would be told to either change your 7 shirt or, again, what happens many times, is you wear 8 your shirt inside out. 9 Q. Does that apply meaning if, Joe Schmo walks 10 off the street and he's a big Obama supporter, could he 11 just walk in and vote with that shirt on, even if he's 12 not associated with the campaign? 13 A. No, he cannot do that. 14 Q. How about absentees; it will make it easier. 15 A. Smart. 16 MR. GILL: Why don't we take a brief break? 17 I will gather my notes. I don't think I have 18 that much more. 19 THE WITNESS: All right. 20 (Thereupon, a recess was taken.) 21 BY MR. GILL: 22 Q. Back on the record. 23 Can you quantify the value of a single 24 campaign sign? 25 A. What do you mean by "quantify"? ESQUIRE 800.211.DEPO (33 76) 0 , U 7 1 0 N 5 EsquireSolutions.com 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM sign? January 28, 2015 53 Q. Can you assign a value to a specific campaign A. I can say -- I guess to say quantify -- we are using semantics of literally or quantify. I mean, the actual price of probably going to a vendor is probably -- again, as I stated -- probably between 3.75 and $5 a sign. A broken down sign is usually one price, the stake is usually another, and then we combine it together. Q. In terms of the value to the campaign, can you assign a value specifically to an individual campaign sign -- A. No. Q. -- to the campaign? A. No. Q. Can you, I guess, rank signs in terms of their value to a campaign, meaning, this sign is worth more, this sign is worth less? A. I think it's a matter of visibility. I mean, it's a matter of how much traffic it sees. I think, again, no, I can't get specific, but clearly, as I said before, there's never enough. I mean, it's just -- it's advertising. Q. I guess a sign that's stuck behind a garbage can that can't be seen is certainly worth much less O ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MICHAEL G. AHEARN January 28, 2015 O'BOYLE vs. TOWN OF GULF STREAM 54 1 1 value than one that can be seen? 2 A. Right. 3 Q. Would you say that a sign placed on private 4 property in front of a home is worth more than a sign 5 placed, say, on the side of the road? 6 A. I think they have -- I think -- I don't think 7 I can make it as compares more valuable, less valuable. 8 I think they each have their own specific intrinsic 9 values. 10 Q. Okay. Can you describe what the specific 11 extrinsic value is of one compared to the other? 12 A. Okay. A sign is placed on private property. 13 Again, depends on the traffic of the neighborhood, is 14 going to -- has its visibility, but typically what 15 happens with a sign in the neighborhood is, is that if, 16 you know, Jim Smith has a sign in his yard, and let's 17 say, Bob Jones who lives across the street likes Jim 18 Smith and respects Jim Smith, looks at the sign and 19 says, I don't know this candidate whose sign is in his 20 yard, but you know, if my neighbor likes him, I like 21 him; maybe I want to take a moment to learn more, hear 22 about him. And then again, that's why I go back to 23 team -building, where again, you're building your support 24 base on that. 25 1 Now, on the other side of it, if you have ESQUIRE 800.211.DEPO (3376) 0, U r, 0 N S EsquireSolutions.com MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM January 28, 2015 55 1 signs in, like I said, commercial areas, right-of-ways, 2 or high visibility traffic areas, again, it could 3 have -- there's an infinite number of ways that that 4 could have value. 5 Again, the same idea. Somebody says, oh, 6 they see the name. You know, people vote in elections 7 because they like a name. People -- Irish names do very 8 well in Broward County. I mean, it's just a name and 9 where placement is on a ballot, it could be a name that 10 they say, you know what, I want to go look that up. 11 A lot of times, again, there's -- we went 12 into this a little bit before -- but like signs on 13 election day. Signs on election day have, again, not -- 14 I won't say more value or less value, but they have a 15 different value on election day, because people driving 16 home from work, people going to work may say, gosh -- 17 and especially in a municipal election where, you know, 18 it's probably not on your radar that it's election day. 19 You know, they say, oh, shoot, you know, I got to go 20 vote today. I saw this guy's sign up and it reminds you 21 to vote. Again, you may or may not go vote for this 22 person, but it may remind you that there's an election. 23 Q. Could you have provided a more precise 24 estimate of damages if you were given the precise 25 location of the signs that were taken? ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM January 28, 2015 56 1 A. No. 2 Q. So if it turns out that, for example, all the 3 signs that were taken were hidden behind a garbage can, 4 or a Dumpster, that wouldn't have less value than if all 5 the signs were taken in a high -visibility area? 6 A. If you're saying to me, again, if the 7 hypothetical is, what is being relayed to me is, if you 8 have a sign in a place that no one can see, that -- then 9 there's no value. 10 Q. Okay. Is all your campaign experience in 11 Broward County? 12 A. Yes. 13 Q. Do you have any campaigning experience in 14 Palm Beach County? 15 A. No, I do not. 16 Q. Do you know what the population of Gulf 17 Stream is? 18 A. No, I do not. 19 Q. Do you know what the demographic breakdown of 20 Gulf Stream is? 21 A. No, I do not. 22 Q. Do you know how many contested elections, 23 municipal elections, there have been in Gulf Stream in 24 the last 20 years? 25 A. No, I do not. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. corn MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM January 28, 2015 57 1 Q. During any of your time in advising 2 Mayor Seiler in his campaigns, has there ever been a 3 situation where some of his signs have been removed? 4 A. Removed by whom? 5 Q. Well, let's start first by the City of Fort 6 Lauderdale. 7 A. No. 8 Q. How about by the opposing candidates? 9 A. There have been allegations of that. 10 Q. Okay. Were the allegations of like a 11 concerted effort to do that? 12 A. I would -- again, there have been allegations 13 that maybe someone with -- someone, again, that we were 14 opposing in the campaign or opposing us may have removed 15 signs. 16 Q. I mean, do you know approximately how many 17 1 signs it was? 18 A. No, no. I mean, no. I mean, it wasn't -- 19 like I said, it was never -- we never kept track. I 20 mean, essentially, somebody calls up and says, hey, I 21 had a sign in my yard, the sign is removed. You know, 22 somebody -- one of us sends it over and we replace it. 23 Q. Let me ask you this: Are you aware in your 24 experience of another situation where campaign signs 25 were sort of removed on a more systematic scale than ESQUIRE 800.211.DEPO (3376) < EsquireSolutions. com MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM January 28, 2015 58 1 just one guy taking down a sign? 2 A. Be a little more specific. 3 Q. Sure. Are you aware of any situation similar 4 to what happened as alleged in the First Amended 5 Complaint? 6 A. In the sense that it was done by a 7 municipality? 8 Q. If there are, that's great, but also, I would 9 say, if they are by the other campaign. I'm just 10 wondering -- I want to see if you know of any other 11 incidences of this kind of stuff happening. 12 A. I mean, there's -- in every campaign, there 13 are allegations of one side or another side taking 14 somebody else's signs. Is it proven? Have I ever been 15 in a campaign where it was proven X, Y, Z, we have 16 someone on tape? No. 17 Q. I guess where I was going with this is: I 18 was trying to give you a hypothetical, if you knew where 19 you could provide me and give me another estimate of 20 damages for another campaign. 21 A. No. I don't have -- again, I've had 22 situations where, you know, again, signs have been 23 removed, stolen, whatever, but I can't say that -- I 24 don't understand where you want me to go with it. 25 Q. Sure. You advised Judge Ross? ESQUIRE 800.211.DEPO (33 76) 0 N . Esquire Solutions. com MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM January 28, 2015 59 1 A. Yes. 2 Q. Did he put up signs? 3 A. Yes. 4 Q. How many signs did he put up? 5 A. I don't know the specific number. 6 Q. What kind of signs did he put up? 7 A. There were two signs. There were yard signs 8 which are basically, again, the standard, I don't know, 9 one foot by one foot or -- I'm not great with 10 measurements. And then there were large signs which 11 were essentially four-by-four signs. 12 Q. And how many of those four-by-four signs did 13 he put up? 14 A. We usually put two to a location. I think 15 we -- again, we did at least 25. We at least did 50, 16 two signs to a location, 25 locations. 17 Q. Okay. So can you assign a value in terms of 18 damages if one of those 25 sets of signs had been 19 removed? 20 A. No. 21 Q. Why not? 22 A. Because, again, the value is -- the value is 23 in the eye of the viewer. It's not in me that -- again, 24 the bottom line is, if I have 500 people ride by a sign 25 in one day, and 500 people -- 499 of them don't take ESQUIRE 800.211.DEPO (3376) 6 0 l 0 1 1 0 X 3 Esquire Solutions.com MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM January 28, 2015 60 1 notice of it, but one person does and one person says, 2 you know what, I'm going to vote for him; that's a vote. 3 Now, again, obviously in a race with Judge 4 Ross where there's 135,000 -- there was 135,000 people 5 who voted -- one vote isn't going to sway the world. If 6 you're -- but again, as I said, I've dealt with a race 7 where it had 355,000 votes, and it came down to 550, or 8 if you're in a small municipality, one vote, a low 9 amount of votes could swing everything. 10 Q. Okay. Can you use whatever methodology you 11 use to come up with the $50,000 to come up with a value 12 for that -- one of those 25 sets of signs for 13 Judge Ross? 14 A. No. 15 Q. Why not? 16 A. Again, going back to it, it's not that I 17 don't -- the value overall of a sign is, again, views, 18 repetition, repetition -- you know, views and 19 repetition. I mean, is it a sign -- again, probably 20 more damage would be caused if a sign had been up for a 21 longer period of time than a shorter period of time. 22 We go back to what I said earlier, that it 23 could be more than just, oh, the sign is gone. If you 24 have people from the City coming out and pulling up 25 signs, that in itself could be far worse than just, oh, ESQUIRE 800.211.DEPO (3376) Esquire Solutions. corn MICHAEL G. AHEARN January 28, 2015 O'BOYLE vs. TOWN OF GULF STREAM 61 1 it was there today, gone tomorrow. 2 Q. Could you put a value up if the City of Fort 3 Lauderdale had removed one of Judge Ross's sets of 4 signs? 5 A. If it was -- if someone from the City of Fort 6 Lauderdale was in a City of Fort Lauderdale vehicle 7 pulling up signs, no, I could not put a specific dollar 8 sign on it, but it would be -- it would be 9 significant -- probably a significant problem, because 10 again, if it was done -- you know, if it was done at 11 4:00 o'clock in the morning, and few to none -- few 12 people saw it. Again, if anybody saw it, it's a 13 problem. 14 Q. Are you aware of any treatises or, you know, 15 Horne books on campaigning? 16 A. No -- well, I mean there's certainly all 17 types of books about campaigns and running campaigns. I 18 mean, there's -- you know, I mean, James Carville 19 wrote -- his autobiography is a book about campaigning, 20 so certainly, there's books about campaigning. 21 Q. Do you rely on any of those in your opinions? 22 A. No. 23 Q. Have you been asked to provide any opinions 24 since providing this one? 25 A. For who? O ES QUIRE 800.211.DEPO (3376) Esquire Solutions. com 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 MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM January 28, 2015 62 Q. For Mr. O'Boyle. A. No. MR. GILL: I have no further questions for the witness? MR. MESA: I have no questions. THE WITNESS: Okay. MR. GILL: You have the right to read your deposition to make sure it's been transcribed accurately or you have the right to waive it. THE WITNESS: Read. MR. GILL: We will order. THE COURT REPORTER: Copy? MR. MESA: Yes, please. (Witness excused.) (Deposition was concluded.) ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com Im 2 3 4 5 6 7 8 7 13 14 15 16 17 18 19 20 21 22 23 24 4-0 MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM DEPOSITION ERRATA SHEET January 28, 2015 63 Assignment no: 263071 MARTIN O'BOYLE vs. TOWN OF GULF STREAM DECLARATION UNDER PENALTY OF PERJURY I declare under penalty of perjury that I have read the entire transcript of my deposition/examination under oath taken in the captioned matter or the same has been read to me, and the same is true and accurate, save and except for changes and/or corrections, if any, as indicated by me on the DEPOSITION ERRATA SHEET hereof, with the understanding that I offer these changes as if still under oath. Signed on the day of 2015. ESQUIRE MICHAEL G. AHEARN I 800.211.DEPO (3376) EsquireSolutions. com 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 MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM January 28, 2015 64 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com DEPOSITION ERRATA SHEET Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: SIGNATURE: DATE: 2015 MICHAEL G. AHEARN ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 14 15 16 17 18 19 20 21 22 23 24 25 MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM January 28, 2015 65 0ESOUIRE 800.211.DEPO (3376) Esquire Solutions. com DEPOSITION ERRATA SHEET Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: SIGNATURE: DATE: 2015 MICHAEL G. AHEARN 0ESOUIRE 800.211.DEPO (3376) Esquire Solutions. com 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 MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM January 28, 2015 66 C E R T I F I C A T E O F O A T H STATE OF FLORIDA ) COUNTY OF BROWARD ) I, the undersigned authority and Notary Public certify that MICHAEL G. AHEARN personally appeared before me and was duly sworn on Wednesday, January 28, 2015. 2015. Sworn to before me this 30th day of January, Theresa Tomaselli, RMR Notary Public - State of Florida My Commission No. EE91591 My Commission Expires 8/27/2015 263071 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 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 MICHAEL G. AHEARN O'BOYLE vs. TOWN OF GULF STREAM REPORTER'S CERTIFICATE January 28, 2015 67 I, THERESA TOMASELLI, Registered Merit Reporter and Notary Public in and for the State of Florida at Large, do hereby certify that I was authorized to and did report said deposition in stenotype; and that the foregoing pages are a true and correct transcription of my shorthand notes of said deposition. I further certify that said deposition was taken at the time and place hereinabove set forth and that the taking of said deposition was commenced and completed as hereinabove set out. I further certify that I am not an attorney or counsel of any of the parties, nor am I a relative or employee of any attorney or counsel of party connected with the action, nor am I financially interested in the action. The foregoing certification of this transcript does not apply to any reproduction of the same by any means unless under the direct control and/or direction of the certifying reporter. DATED this 30th day of January, 2015. ESQUIRE r THERESA TOMASELLI 263071 800.211.DEPO (3376) EsquireSolutions. com