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PRR 15-2045
RECORDS REQUEST (the "Request") Date of Request: 11/06/15 Requestor's Request ID#: 1174 REQUESTEE: Custodian of Records Town of Gulf Stream REQUESTOR: Martin E. O'Boyle REQUESTOR'S CONTACT INFORMATION: E -Mail: records@commerce-group.com Fax: 954-360-0807 or Contact Records Custodian at recordsnn.commerce-group.com Phone: 954-360-7713; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: Provide a copy of all communications that the Town of Gulf Stream sent to the Florida Bar and/or the Florida Bar Ethics Committee. This request would include all memos, drafts, letters, photographs, video tapes and audio tapes. This request is made for the period January 1. 2013 through the date of this request. ADDITIONAL INFORMATION REGARDING REQUEST: The term "Town of Gulf Stream" shall mean each of the following: the Town of Gulf Stream- its Commissioners- its Manager, its employees, its Police Department, its Police Officers and its Counsel (including, without limitation, the following law firms) Sweetapple. Broeker & Varkas: Richman Greer- PA; and Jones. Foster, Johnston & Stubbs. (including, without limitation, the attorneys, employees and partners of each such law firm.) THIS REQUEST IS MADE PURSUANT TO ARTICLE L SECTION 24 OF THE FLORIDA CONSTITUTION AND CHAPTER 119, FLORIDA STATUTES IF THE PUBLIC RECORDS BEING SOUGHT ARE MAINTAINED BY YOUR AGENCY IN AN ELECTRONIC FORMAT PLEASE PRODUCE THE RECORDS IN THE ORIGINAL ELECTRONIC FORMAT IN WHICH THEY WERE CREATED OR RECEIVED. SEE 6119.01f2)(F), FLORIDA STATUTES. IF NOT AVAILABLE IN ELECTRONIC FORM, IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED ON I I X 17 PAPER. NOTE: IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4) (a) (2) ALSO PLEASE TAKE NOTE OF 6119.07(I)(H) OF THE FLORIDA STATUTES, WHICH PROVIDES THAT "IF A CIVIL ACTION IS INSTITUTED WITHIN I HE 30 -DAY PERIOD TO ENFORCE: I HE PROVISIONS OFT HIS SECTION WITH RESPECT TO TETE REQUESTED RECORD, THE CUSTODIAN OF PUBLIC RECORDS NIAY NOT DISPOSE OF THE RECORD EXCEPT BY ORDER OF A COURT OF COMPETENT JIIRISDICI'ION AFTER NOTICE TO ALI. AFFECTED PARTIES." ALL ELECTRONIC COPIES ARE REOUESTED TO BE SENT BY E-MAIL DELIVERY. PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS REQUEST IN ADVANCE. It will be required that the Requestor approve of any costs, asserted by the Agency (as defined in Florida Statute, Chapter 119.01 (Definitions)), in advance of any costs Imposed to the Requestor by the Agency. "BY FULFILLING THIS RECORDS REQUEST, THE AGENCY ACKNOWLEDGES THAT THE RESPONSIVE DOCUMENTS ARE "PUBLIC RECORDS" AS DEFINED IN CHAPTER 119, FLORIDA STATUTES". I/P/NP/FLRR 07.28.2015 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail November 12, 2015 Martin O'Boyle [mail to: records(7a commerce-grouo.coml Re: GS #2044 (1172 (used again)), 2045 (1174), 2046 (1173), 2047 (1175) Provide a copy of all receipts (tendered to the Town of Gulf Stream) for "department phone cases" ("cases') in the possession of the Toivn of Gulf Stream. The period that we are seeking the receipts for the Cases is for the period beginning January], 2010 through the date of this request. The term "Town of Gulf Stream" shall mean each of the following: the Town of Gulf Stream, its Commissioners, its Manager, its employees, its Police Department, its Police Officers and its Counsel (including, without limitation, the fallowing law firms) Sweetapple, Broeker & Yarkus; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (including, without limitation, the attorneys, employees and partners of each such law firm) Provide a copy of all communications that the Town of Gulf Stream sent to the Florida Bar and/ or the Florida Bar Ethics Committee. This request would include all memos, drafts, letters, photographs, video tapes, and audio tapes. This request is made for the period January 1, 2013 through the date of this request. The term "Town of Gulf Stream" shall mean each of the following: the Town of Gulf Stream, its Commissioners, its Manager, its employees, its Police Department, its Police Officers and its Counsel (including, without limitation, the following law firms) Sweetapple, Broeker & Yarkus; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (including, without limitation, the attorneys, employees and partners of each such law firm) Provide a copy of all expense reports and requests for reimbursements submitted to the Town of Gulf Stream by or for any member of the Gulf Stream Police Force for the period beginning 7/1/15 through 11/6/15 which are in the possession ofthe Town of Gulf Stream. The term "Town of Gulf Stream" shall mean each of the following: the Town of Gulf Stream, its Commissioners, its Manager, its employees, its Police Department, its Police Officers and its Counsel (including, without limitation, the following law firms) Sweetapple, Broeker & Yarkus; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (including, without limitation, the attorneys, employees and partners of each such law firm) Provide all records (in the possession of the Town of Gulf Stream" which show that William Thrasher's address is 811 South J Street, Lake Worth, FL 33460-5043. The term "Town of Gulf Stream" shall mean each of the following: the Town of Gulf Stream, its Commissioners, its Manager, its employees, its Police Department, its Police Officers and its Counsel (including, without limitation, the following law firms) Sweetapple, Broeker & Yarkus; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (including, without limitation, the attorneys, employees and partners of each such law firm) Dear Martin O'Boyle [mail to: recordsna,commerce-group.comlI The Town of Gulf Stream has received your public records requests dated November 6, 2015. The original public record request can be found at the following link: hm://www2.gulf- stream.org/weblink/0/doc/70210/Pagel.aspx, http://www2.gulf- stream.org/weblink/0/doc/70208/Pagel.aspx, http://www2.gulf- stream.org/weblink/0/doc/70206/Paizel.asl)x, and http://www2.gulf- stream.org/weblink/0/doc/70204/Pagel.asox Please refer to the referenced number above with any future correspondence. The Town of Gulf Stream is currently working on a large number of incoming public records requests. The Town will use its very best efforts to respond to you in a reasonable amount of time with the appropriate response or an estimated cost to respond. Sincerely, Town Clerk, Custodian of the Records TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail January 4, 2016 Martin O'Boyle [Mail to: records@commerce-group.com] Re: 2045 (1174) Provide a copy of all communications that the Town of Gulf Stream sent to the Florida Bar and/ or the Florida Bar Ethics Committee. This request would include all memos, drafts, letters, photographs, videotapes, and audio tapes. This request is made for the period January 1, 2013 through the date of this request. The term "Town of Gulf Stream " shall mean each of the following: the Town of Gulf Stream, its Commissioners, its Manager, its employees, its Police Department, its Police Officers and its Counsel (including, without limitation, the following law firms) Sweetapple, Broeker & Yarkuus; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (including, without limitation, the attorneys, employees and partners of each such law firm) Dear Martin O'Boyle [Mail to: recordsCaZcommerce-eroup.coml, This letter provides you with the partial responsive production of public records requested in your email dated November 6, 2015 that can be found at the following link: http://WWW2.gulf- stream.org/weblink/O/doc/70208/Paizel.agpx. A similar request that has been responded to has documents that are responsive to this request as well and can be found at the following link: htti)://www2.gulf- stream.org/weblink/O/doc/56250/Pagel.asi)x. l.asi)x. We will fully respond to the request within 14 days of this letter. Sincerely, Town Clerk Custodian of the Record In Lawsuits Statewide, Questions of Profits and Public Records I Florida Center for Invest... Page I of 11 • Home About » • Florida News • Donate Tips Investigations Enter search keyword n'FLORIDA FOR M" N ESTIGATIVEE REPORTING • Economy u Education Environment EEs anol Government Flealth • Immigration Justice Featl ured, Government, Open Records In Lawsuits Statewide, Questions of Profits and Public Records Published on November 9, 2014. Tags: Citizens Awareness Foundation, Joel Chandler. Martin O'Boyle, Our Public Records LLC, Sunshine Law Trevor Aaronson, Tristram Korten http://fcir.org/2014/11/09/in-lawsuits-statewide-questions-of-profits-and-public-records/ 11/13/2014 In Lawsuits Statewide, Questions of Profits and Public Records I Florida Center for Invest... Page 2 of 11 South Florida millionaire Martin O'Boyle founded the Citizens Awareness Foundation. (Photo courtesy of the Coastal Star.) By Tristram Korten and Trevor Aaronson Florida Center for Investigative Reporting The nonprofit Citizens Awareness Foundation was founded to "empower citizens to exercise their right to know," according to its mission statement. The South Florida millionaire backing the foundation hired one of the state's most prominent public records activists to run it, rented office space, and pledged to pay the legal fees to make sure people had access to government records. But a review of court records and internal communications obtained by the Florida Center for Investigative Reporting shows that the foundation is less interested in obtaining records and educating the public than in working with a partner law firm to collect cash settlements from every lawsuit filed. Citizens Awareness Foundation and the O'Boyle Law Firm set up shop in the same building at about the same time. The two share more than an address. They also share personnel, money and a mandate to sue as many state and local government agencies and businesses as they can for violating Florida's Sunshine law. Since January, the foundation and a sister group, Our Public Records LLC, have filed more than 140 lawsuits in 27 counties, court records show. A lawyer with the O'Boyle Law Firm filed all of the cases FCIR reviewed. firm The close partnership between Citizens Awareness Foundation and the law prompted the foundation's first executive director, Joel Chandler, to quit over concerns that the coordination "may be criminal, fraudulent and unethical," according to an affidavit he filed. Both organizations are housed at the offices of the Commerce Group, the Deerfield Beach real estate development firm owned by millionaire Martin O'Boyle. O'Boyle is best known for inundating the Palm Beach State Attorney's office with more than 1,300 public records requests, and for suing the wealthy town of Gulf Stream, where he lives, after filing 1,200 public records requests. http://fcir.org/2014/ll/09/in-lawsuits-statewide-questions-of-profits-and-public-records/ 11/13/2014 Media Partners Bradenton Herald Creative Loafing The Ledger Miami Herald The Tampa Tribune But a review of court records and internal communications obtained by the Florida Center for Investigative Reporting shows that the foundation is less interested in obtaining records and educating the public than in working with a partner law firm to collect cash settlements from every lawsuit filed. Citizens Awareness Foundation and the O'Boyle Law Firm set up shop in the same building at about the same time. The two share more than an address. They also share personnel, money and a mandate to sue as many state and local government agencies and businesses as they can for violating Florida's Sunshine law. Since January, the foundation and a sister group, Our Public Records LLC, have filed more than 140 lawsuits in 27 counties, court records show. A lawyer with the O'Boyle Law Firm filed all of the cases FCIR reviewed. firm The close partnership between Citizens Awareness Foundation and the law prompted the foundation's first executive director, Joel Chandler, to quit over concerns that the coordination "may be criminal, fraudulent and unethical," according to an affidavit he filed. Both organizations are housed at the offices of the Commerce Group, the Deerfield Beach real estate development firm owned by millionaire Martin O'Boyle. O'Boyle is best known for inundating the Palm Beach State Attorney's office with more than 1,300 public records requests, and for suing the wealthy town of Gulf Stream, where he lives, after filing 1,200 public records requests. http://fcir.org/2014/ll/09/in-lawsuits-statewide-questions-of-profits-and-public-records/ 11/13/2014 In Lawsuits Statewide, Questions of Profits and Public Records I Florida Center for Invest... Page 3 of 11 Citizens Awareness Foundation's board is comprised of employees of the O'Boyle Law Firm and the Commerce Group. According to an email from one board member, the foundation had a quota to refer a minimum of 25 lawsuits per week to the law firm. The foundation has threatened so many engineers with legal action that the Florida Engineering Society sent a warning to members. "It is debatable whether they are truly seeking records or just attempting to obtain legal fees for a violation of this requirement," Craig Vam, the organization's general counsel, said in the May 23 memo. The road -building industry in Florida also has been swamped with public records requests and lawsuits from Citizens Awareness Foundation. "It's a sad game of `gotcha,' the only purpose of which is to generate an attorney fee claim rather than obtain any actual public records," said Bob Burleson, president of the Florida Transportation Builders' Association. State Sen. Wilton Simpson, R -Trilby, has received similar complaints, and has begun drafting legislation to better define the public records law. In October, the town commission of Gulf Stream, in Palm Beach County, voted unanimously to hire an outside lawyer to pursue a federal racketeering case against O'Boyle. Representatives of Citizens Awareness Foundation and the O'Boyle Law Firm referred questions to Fort Lauderdale lawyer Mitchell W. Berger. "We are new to this process and undertaking an investigation of the facts and circumstances which have resulted in the current controversy," Berger said. "We will not litigate this matter in the press on a question -by -question basis and will leave our responses to be filed in the appropriate proceedings where we are sure justice will be done and our clients will be exonerated in the process." Lawsuit Quota The foundation and the law firm are exploiting an April 2013 amendment to state law that requires private companies holding public records to make them available. Hired as executive director of the Citizens Awareness Foundation, Joel Chandler resigned due to behavior he thought "may be criminal, fraudulent and unethical," according to an affidavit he filed. (Photo courtesy of Joel Chandler.) http://fcir.org/2014/11/09/in-lawsuits-statewide-questions-of-profits-and-public-records/ 11/13/2014 In Lawsuits Statewide, Questions of Profits and Public Records I Florida Center for Invest... Page 4 of 11 After the 2013 amendment passed, Martin O'Boyle contacted Joel Chandler, a well-known open government activist, about starting Citizens Awareness Foundation. Chandler, who lives in Lakeland, had worked as a volunteer his entire career. O'Boyle offered him a $120,000 annual salary, a company car and health insurance. "I went from being completely broke to getting paid $10,000 a month," Chandler said. "It was a very cool gig." The foundation was incorporated on Jan. 27. The O'Boyle Law Firm opened on Feb. 10. They both listed the same address in Deerfield Beach on incorporation records. Martin O'Boyle's son, Pennsylvania lawyer Jonathan O'Boyle, was listed as the law [inn's director. Jonathan O'Boyle is not licensed to practice law in Florida, and records show he may have been acting as the firm's full-time managing director and supervising other lawyers. Under Florida Bar rules, lawyers supervising cases must be licensed in the state. "He was in the office just about every day," Chandler said. "I was in the room multiple times when Jonathan was directing other attorneys in their work and no one was supervising Jonathan." In emails FCIR reviewed, Jonathan O'Boyle wrote about assigning himself a case. Another lawyer described O'Boyle directing settlement negotiations in a separate case. When setting up the foundation, Chandler said he talked with the O'Boyles about the need to avoid conflicts of interest. He was worried because all of the foundation's board members either worked for Martin O'Boyle's real estate company or the law firm. "That was a sticking point, whether 1 could only refer cases to his son's law firm," Chandler said. `9 didn't want to be involved in something where we file lawsuits just to file lawsuits. 1 was assured I would have sole discretion about who to litigate and which law firm to use." That never happened, he said. By April, Citizens Awareness Foundation board member Denise DeMartini, who works for the Commerce Group, was demanding more lawsuits. "I am in the law meeting now and have been told that you have only provided eight new cases for this week. We were expecting a minimum of 25 a week," she emailed Chandler on April 28. The law meeting she referred to was the O'Boyle fine's staff meeting. DeMartini is not a lawyer. Citizens Awareness Foundation was filing so many lawsuits that Chandler was not able to vet them all, as he had negotiated from the start. In some cases, lawsuits were filed in his name without his knowledge or permission, he said. On June 2, Chandler emailed his board about using another law firm. "[I]f we use the O'Boyle Firm exclusively it will appear to be `self dealing' by the IRS," Chandler said. William Ring, the foundation's president and a lawyer with the Commerce Group, replied: "I'm not inclined to authorize [Citizens Awareness Foundation] to engage another law firm." Ring is now the registered agent for the O'Boyle Law Firm, state records show. Settlements Demanded The foundation targeted governments big and small, but it also filed complaints against obscure companies contracted by government agencies. Many weren't aware the records law applied to them. The records requests often came in over the weekend, from "An Onoma" with the email address vendor.contract.publishing@gmaii.com. http://fcir.org/20l4/ll/09/in-lawsuits-statewide-questions-of-profits-and-public-records/ 11/13/2014 In Lawsuits Statewide, Questions of Profits and Public Records I Florida Center for Invest... Page 5 of 11 Citizens Awareness Foundation and its sister organization, Our Public Records LLC, have filed lawsuits in 27 of Florida's counties, shaded here in blue. (Graphic by Grant Smith/Florida Center for Investigative Reporting.) Dave McIntosh, who runs an environmental mitigation bank that does work for the state, said his records request from An Onoma came at 9:48 a.m. on Sunday, May 18. "1 was totally convinced it was bogus," he said. McIntosh wrote back asking who they were. The reply: "None of your business." The lawsuit arrived a month later, along with a settlement demand for $2,500. McIntosh offered to pay the $410 filing fee and $500 for costs. The lawyers rejected the offer and added a nondisclosure agreement, meaning the settlement couldn't be discussed afterwards. "To me that was hilarious, another brick in the wall that makes the case that these guys are a scam," McIntosh said. He's fighting the lawsuit. In June, Miami's River of Life, a small social services agency, contacted Chandler saying they didn't realize their records were public and that they were willing to comply — but the settlement demand for nearly $4,000 was too much. Chandler called the O'Boyle lawyer handling the case, Nickalaus Taylor, on June 27. After the call, Chandler emailed Taylor: "In our conversation this morning I understood, from you, that the O'Boyle Law Firm has about $1,200 in costs and fees in the case up to this point. I also understood that you have been instructed by Jonathan O'Boyle to demand $3,800 to settle the case. If such a demand is accepted by the Defendant that would create a windfall of about $2,600 beyond actual fees and expenses." Taylor responded: "This email is to confiml our conversation today and to reiterate that all offers for settlement are made pursuant to the policies of the O'Boyle Law Finn." On June 30, Chandler resigned. Worried about the damage he had inadvertently caused, he contacted defendants in the lawsuits and offered his help. Citizen Awareness Foundation sued him for breaches of contract and fiduciary duty. Since Chandler's departure, Citizens Awareness Foundation and Our Public Records LLC have filed 70 more lawsuits around the state. Among the latest defendants: a Catholic charity in Sarasota County, an accountant in Hillsborough County, and ChildNet, a nonprofit in Broward County whose mission is to "protect abused, abandoned and neglected children." 1g-1, 0-I r Tweetll,B] _ nAa 1 Share 19 Recommend To http://fcir.org/2014/11/09/in-lawsuits-statewide-questions-of-profits-and-public-records/ 11/13/2014 In Lawsuits Statewide, Questions of Profits and Public Records I Florida Center for Invest... Page 6 of 11 http://fcir.org/2014/ll/O9/in-lawsuits-statewide-questions-of-profits-and-public-records/ 11/13/2014 In Lawsuits Statewide, Questions of Profits and Public Records I Florida Center for Invest... Page 7 of 11 10 comments n Add a comment... Comment Sid B'dog - Top Commenter • Hollywood, Florida There is an ongoing problem of back room dealing In Miami. This article would rather focus on a law firm than the real problem of Government Agencies that are not making public records available. The FCIR needs to dig a little deeper regarding these requests and give some examples Instead of try to create a snowball of accusations. Reply - Like 1 • Yesterday at 8:59am Robert Earl Case Jr Lake City, Florida All the government has to do is COMPLY WITH THE SUNSHINE LAW and they won't get sued. The fact is that the government doesn't comply with the law and when they get called on it (exactly as the law allows) they pull this kind of political nonsense to blame the person(s) that call them out on breaking the law. The law very clearly says that the government can be sued if they fail to comply with our constitutional right to get copies of public records. The law very clearly says that the government must pay attorney's fees if they get sued and it is determined by a judge that they violated the law. The law very clearly says that the agency that violated the sunshine law should consider the award of attorney's fees as a PENALTY for violating the sunshine law and ENCOURAGEMENT for the agency to comply with the sunshine law In the futu... See More Reply Like November 10 al 11:15am Tom Baxter • Top Commenter Member at Veterans For Peace - 278 followers If you had read the article, you would realize the sults are NOT against governmental entities, but organizations that have government contracts. Reply - uke - November 10 at 3:29pm r Sid B'dog • Top Commenter � Hollywood, Florida Tom, what is wrong with demanding public records from contractors? If they are required and not readily available, then the contractors are In violation. If you have ever served as a contractor for a Government Agency you would know this) Most contractors follow the rules, but some don't. To see some contractors skirt these rules is a very big problem, but you, like the article itself, would rather attack the messenger and not the substance of these violations. Reply - Like Yesterday at 8 56a Robert Earl Case Jr Lake City, Florida All the government has to do is COMPLY WITH THE SUNSHINE LAW and they won't get sued. The fact is that the government doesn't comply with the law and when they get called on It (exactly as the law allows) they pull this kind of political nonsense to blame the person(s) that call them out on breaking the law. The law very clearly says that the govemment can be sued if they fail to comply with our constitutional right to gel copies of public records. The law very clearly says that the government must pay attorney's fees if they get sued and it is determined by a judge that they violated the law. The law very clearly says that the agency that violated the sunshine law should consider the award of attorney's fees as a PENALTY for violating the sunshine law and ENCOURAGEMENT for the agency to comply with the sunshine law in the Tutu... See More Reply � Like - November 10 at 11:08am Tom Baxter Top Commenter Member at Veterans For Peace - 278 followers If you were a little more careful posting you would post the same comment twice exposing your ignorance of the articles content. Reply uke � November 10 at 3:31pm Robert Earl Case Jr Lake City, Florida FROM THE ARTICLE: 'The foundation targeted govemments big and small, but It also filed complaints against obscure companies contracted by government onnnrine " en Vr)l PRF fhc nnc fhvf'e of fhc vHirle'e rnnfenf nM http://fcir.org/20l4/ll/09/in-lawsuits-statewide-questions-of-profits-and-public-records/ 11/13/2014 In Lawsuits Statewide, Questions of Profits and Public Records I Florida Center for Invest... Page S of 11 Nd FLORIDA OENTEA FOR INVESTIGATIVE REPOmINO D Subscribe to our free newsletter Email Address Subscribe ® Latest Florida News Son of murder suspect Adam Mates is being adopted. attomev says • Near Record Execution • Site honors quad -amputee suspect in Parents' deaths • PSC staff backs Florida utilities' proposal to gut energy efficiency goals • Child -porn probes net next-door neighbors in Osceola • Troopers arriving tonight for another crackdown on wrong -way driving • Operation Reveille provides housing, services for homeless veterans • Orlando Sentinel videos playing at Hulu • Report: Half of county households struggle to pay basic expenses • Her mission: Healthy kids taking a stand aeainst tobacco • Man accused in two Coral Springs bank robberies http://fcir.org/2014/ll/09/in-lawsuits-statewide-questions-of-profits-and-public-records/ 11/13/2014 In Lawsuits Statewide, Questions of Profits and Public Records I Florida Center for Invest... Page 9 of I 1 Advertisement ANIDJAR & LEVINE LAW FIRM southfloridainjurylaw.com/Lawyers Legal Assistance - Personal Injury. Compensation for Injury Accidents. FOR on Facebook sbill 10 Florida Center for Investigative � Reporting Like 1,788 people like Florida Center for Investigative Reporting. Fl,,b, ks,,'flI pilgin Advertisement N http://fcir.orgl2Ol4/11/09/in-lawsuits-statewide-questions-of-profits-and-public-records/ 11/13/2014 In Lawsuits Statewide, Questions of Profits and Public Records I Florida Center for Inv... Page 10 of 11 5 FLORIDA CRIMINAL DEFENSE muscalaw.com/Cri mina) -Law by Florida Criminal Defense Lawyers Request a Free Case Evaluation Now! Advertisement 5 IDEAS FOR DECORATING OVER THE HED Advertisement http://fcir.org/2014/I1/09/in-lawsuits-statewide-questions-of-profits-and-public-records/ 11/13/2014 In Lawsuits Statewide, Questions of Profits and Public Records I Florida Center for Inv... Page I 1 of 1 I DONATE ad`wmrtm wn NVESi16�TIVE R@GRfWG ® 2014 FCIR I Terms and Privacy Policy I Staffs Contact Us http://fcir.org/2014/I1/09/in-lawsuits-statewide-questions-of-profits-and-public-records/ 11/13/2014 T ,_ U_:_ 1 a t V1. w:_ 1 Roberto Mendez, Esquire The Florida Bar Ft. Lauderdale Branch Office Lake -Shore Plaza II 1300 Concord Terrace, Suite 130 Sunrise, Florida 33323 Re: Complaints of Honorable Scott W. Morgan against William F. Ring, Jr., Esq., The Florida Bar File No. 2015-50,283(17 A); Nickalaus B, Taylor, Esq., The Florida Bar File No. 2015-50,426(17 A); Giovani Mesa, Esq., The Florida Bar File No. 2015-50,427(17 A); and Ryan L. Witmer, Esq., The Florida Bar File No. 2015-00,223(17 A) Dear Mr. Mendez: Per your request, enclosed please find the video recording and transcript of Joel Chandler for your review. Additionally I have enclosed a Motion to Leave to File Amended Answer, Affirmative Defenses and Counterclaim, Notice of Filing Amended Exhibit A to Motion for Leave and article from the Florida Center for Investigative Reporting dated January 9, 2015 titled "Following FCIR Story, New Legislation Proposed as Citizens Awareness Foundation Suspends Operations for your review. Very truly yours, A v ROBERT A. SWEETAPPLE RAS:cjb Encl. LAW OFFICES OF SWEETAPPLE, BROEKER & VARKAS, P.L. DOUGLAS C. BROEKER, P.A. SWEETAPPLE & VARKAS, PA 44 West Fikgler Street, Sic: 1500 20 S.E. 3" Street Miami, Florida 33130.6517 Dock Raton, Florida 33432-4914 Telephone: (305) 374-5623 Telephone: (561) 392-1230 Facsimile: (305) 355-1023 Facsimile: (561) 394.6102 ROBERT A. SWEETAPPLE Please Reply To: Doea Raton DOUGLAS C. BROEKER E -Mail: ALEXANDER D. VARKAS, IR. nweelapple@sweetappleiaw.com KADISHA D. PHELPS nvarkas@ssvectapplelaw.com ALEXANDER D. VARKAS, In ajvarkns@swcetapplelaw.com ASHLEIGH M. OREENE cbailey@sweemppielaw.ccm dsmiih@sweetapplelaw.com • aeMaLT.RTIfl11e8URINR3]Ln1aATIaN ATTe1WRY •' aaMa [Ca1111COCIVILThIALATTORNPY Pamlegals: Cynthia J. Bailey, CP, FCP, FRP January 16, 2015 Deborah smith, CP, PRP Jamie Arden, FRP T ,_ U_:_ 1 a t V1. w:_ 1 Roberto Mendez, Esquire The Florida Bar Ft. Lauderdale Branch Office Lake -Shore Plaza II 1300 Concord Terrace, Suite 130 Sunrise, Florida 33323 Re: Complaints of Honorable Scott W. Morgan against William F. Ring, Jr., Esq., The Florida Bar File No. 2015-50,283(17 A); Nickalaus B, Taylor, Esq., The Florida Bar File No. 2015-50,426(17 A); Giovani Mesa, Esq., The Florida Bar File No. 2015-50,427(17 A); and Ryan L. Witmer, Esq., The Florida Bar File No. 2015-00,223(17 A) Dear Mr. Mendez: Per your request, enclosed please find the video recording and transcript of Joel Chandler for your review. Additionally I have enclosed a Motion to Leave to File Amended Answer, Affirmative Defenses and Counterclaim, Notice of Filing Amended Exhibit A to Motion for Leave and article from the Florida Center for Investigative Reporting dated January 9, 2015 titled "Following FCIR Story, New Legislation Proposed as Citizens Awareness Foundation Suspends Operations for your review. Very truly yours, A v ROBERT A. SWEETAPPLE RAS:cjb Encl. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS SCOTT W. MORGAN, Mayor ROBERT W. GANGER, Vke•Mayor JOAN K. ORTHWEIN THOMAS M. STANLEY DONNA S. WHITE May 21, 2015 Algeisa M. Vazquez, Esq. Branch UPL Counsel The Florida Bar 1300 Concord Terrace, Su. 130 Sunrise, FL 33323 Re: Jonathan R. O'Boyle Fla Bar No. 2015- 1027 (17C) Dear Ms. Vazquez: I have reviewed Mr. Tozian's letter of Februay 4, 2015, and request leave to respond by highlighting some important points about Mr. O'Boyle's alleged unlicensed practice of law. Mr. O'Boyle does not dispute his January 23, 2014, representation to the Hon. Meenu Sasser in O'Hare v. Town of Gulfstream et al. 2014 CA 720, (Motion to Appear Pro Hoc Vice) in which he swore to the Court that his domicile and primary residence was In Longport, New Jersey. This statement does not appear to be valid. A review of government records reveals that Mr. O'Boyle possesses a driver's license with a residential address of 23 Hidden Harbor Dr., Gulf Stream, FL. That license is believed to be unchanged from 2014. Mr. O'Boyle also possesses a pilot's license indicating an address of 23 Hidden Harbor Dr., Gulf Stream, FL In January 2014, the same month he represented to Judge Sasser that he permanently resided in Longport, N.J., Mr. O'Boyle updated his pilot's license with the FAA to correct his medical classification, and he re- confirmed his address at Hidden Harbor Dr. in Gulf Stream, FL. (See FAA Registry "Personal Information- Medical" attached as Exhibit A). During this same time period, when he swore to Judge Sasser about his Longport, New Jersey residence, Mr. O'Boyle represented to the Pennsylvania Courts that he was "an out of state" lawyer residing at 23 Hidden Harbor Dr., Gulf Stream, FL. The PA Code, Chapter 83, Subchapter B, Rule 219 requires Pennsylvania attorneys to annually file with the Attorney Registration Office a form setting forth the lawyer's current residential address. (5ee Rule 219 (d)(1)(ii) attached as Exhibit B). 100 SEA ROAD, GULF STREAM, FLORIDA 33483 Telephone :r. )561)276-5116 737 Ibb1J777-0168 ,... Town Manager WILLIAM H. THRASHER Tewn Clerk RITA L TAYLOR Re: Jonathan R. O'Boyle Fla Bar No. 2015- 1027 (17C) Dear Ms. Vazquez: I have reviewed Mr. Tozian's letter of Februay 4, 2015, and request leave to respond by highlighting some important points about Mr. O'Boyle's alleged unlicensed practice of law. Mr. O'Boyle does not dispute his January 23, 2014, representation to the Hon. Meenu Sasser in O'Hare v. Town of Gulfstream et al. 2014 CA 720, (Motion to Appear Pro Hoc Vice) in which he swore to the Court that his domicile and primary residence was In Longport, New Jersey. This statement does not appear to be valid. A review of government records reveals that Mr. O'Boyle possesses a driver's license with a residential address of 23 Hidden Harbor Dr., Gulf Stream, FL. That license is believed to be unchanged from 2014. Mr. O'Boyle also possesses a pilot's license indicating an address of 23 Hidden Harbor Dr., Gulf Stream, FL In January 2014, the same month he represented to Judge Sasser that he permanently resided in Longport, N.J., Mr. O'Boyle updated his pilot's license with the FAA to correct his medical classification, and he re- confirmed his address at Hidden Harbor Dr. in Gulf Stream, FL. (See FAA Registry "Personal Information- Medical" attached as Exhibit A). During this same time period, when he swore to Judge Sasser about his Longport, New Jersey residence, Mr. O'Boyle represented to the Pennsylvania Courts that he was "an out of state" lawyer residing at 23 Hidden Harbor Dr., Gulf Stream, FL. The PA Code, Chapter 83, Subchapter B, Rule 219 requires Pennsylvania attorneys to annually file with the Attorney Registration Office a form setting forth the lawyer's current residential address. (5ee Rule 219 (d)(1)(ii) attached as Exhibit B). 100 SEA ROAD, GULF STREAM, FLORIDA 33483 Regarding his business location, Mr. O'Boyle represented to the State of Florida in his January 15, 2014, Application by Foreign Corporation for Authorization to Transact Business in Florida that the Pennsylvania address of the O'Boyle Law Firm was 2146 E. Huntingdon St., Philadelphia, PA. The validity of that address as a legitimate law office is suspect, however, for several reasons: First, the office telephone number was Mr. O'Boyle's Florida cell phone number; Second, the address was zoned R10A Residential, not commercial (see Property Details and photographs of building attached collectively as Exhibit Q and Third, the address was a residential townhouse owned by Mr. O'Boyle's relative, Kelly L. O'Boyle. Given the markedly different residential and business addresses submitted to the Florida and Pennsylvania courts by Mr. O'Boyle, especially in light of the questionable nature of the Philadelphia office location, we request that he be asked to produce for your review the following additional information regarding this UPL complaint: 1. Copies of the 2013 and 2014 City of Philadelphia Commercial Activity Licenses for Jonathan R. O'Boyle, PC and the 2014 license for the O'Boyle Law Firm; 2. Returns filed by Jonathan O'Boyle and/or his law firms for Philadelphia City Wage Taxes in 2013 and 2014, or of an Earnings Tax Account registration if no city wage taxes paid; 3. Copies of the Philadelphia Business Income & Receipts Tax (BIRT) returns for Jonathan O'Boyle and/or his law firms in 2013 and 2014; 4. The 2013 and 2014 leases between his law firms and Kelly L O'Boyle; 5. The names/addresses of all employees of Jonathan R. O'Boyle PC and/or the O'Boyle Law Firm that worked at the 2146 E. Huntingdon St., Philadelphia, PA office location; 6. Evidence of Pennsylvania motor vehicle registrations in the name of Jonathan O'Boyle and/or his law firms in 2013, 2014 and 2015; 7. Evidence of Insurance Coverage of any nature covering realty, personal property, motor vehicles, professional negligence, and/or general liability for Jonathan O'Boyle and/or his law firms relative to any Pennsylvania address in 2013, 2014 and in 2015; B. Evidence of payment by Jonathan O'Boyle and/or his law firms of Commonwealth of Pennsylvania taxes in 2013, 2014 and 2015; 9. Utility bills of any nature, including electric, steam, gas or oil, and telephone and internet bills for Jonathan O'Boyle and/or his law firms relative to any Pennsylvania address in 2013, 2014 and in 2015; 30. Bank information: any Pennsylvania Interest On Lawyer Trust Account (IOLTA) bank name, location and account number for client funds held by Jonathan R. O'Boyle, PC and/or the O'Boyle Law Firm, if any, per PA Rules of Disciplinary Enforcement, supra, at Section 219(d)(1)(iii); 11. Bank information: every Business Operating Account maintained or utilized by Jonathan R. O'Boyle, PC and/or the O'Boyle Law Firm in 2014, specifically the financial institution, locations and account number, as required by the PA Rules of Disciplinary Enforcement, supra, at Section 219(d)(1)(v); 12. Proof of Pennsylvania Continuing Legal Education (CLE) Compliance Certification for Jonathan O'Boyle for 2014; 13. Proof of 2013 and/or 2014 membership, if any, in Philadelphia Bar Association and/or Pennsylvania Bar Association; 14. Proof of pro bono legal services performed at any time in Philadelphia County; 15. Names/docket numbers of all Out of State (not Florida) lawsuits involving Jonathan R. O'Boyle, PC and/or the O'Boyle Law Firm; 16. Copy of 2014 and 2015 Lease between the O'Boyle Law Firm and the landlord of 1001 Broad St., Johnstown PA; (See Listing of Businesses at This Location which does not identify any law firm attached hereto as Exhibit D) 17. The 2014 and 2015 leases between the O'Boyle Law Firm and the owner of 1280 & 1286 W. Newport Dr., Deerfield Beach, FL; 18. Copy of Jonathan O'Boyle's Voter's Registration for 2013, 2014 and 2015. Finally, I would like to briefly respond to Mr. Tozian's assertion that the UPL complaint and related Bar complaints filed by me are somehow void as not authorized by the Town Commission. This argument was rebutted by counsel representing the Town of Gulf Stream, the Town's outside counsel, and me in a recently filed Motion to Dismiss an action brought against us by Jonathan O'Boyle's father, Martin O'Boyle, Martin E. O'Boyle and Asset Enhancement Inc. v. Town of Gulf Stream, et al., Case No. 2015 -CA -001737 (AJ) (15t1 Judicial Circuit in and for Palm Beach County). As detailed in that Motion, no ratification of the Bar or UPL complaints was required by the Sunshine Law: "[Tjhe filing of a bar complaint is not an "official act" or "formal action" which required Town commission approval. Section 286.011(1) is expressly limited to meetings at which official acts are to be taken," and provides that any "resolution, rule or formal action" taken at non -complaint meeting is not binding. A bar complaint-- the vehicle for advising the Florida Bar of misconduct on the part of an attorney -- is not a "resolution, rule, or formal action." Such a complaint does not bind the Town to any future conduct or to the payment of any expenditures. Since the filing of the Bar Complaints was not "formal action" as a matter of law, the Sunshine Law does not apply in the first instance." (See Motion to Dismiss, p. 9, paragraph 21, attached hereto as Exhibit E) Regardless, even though Commission approval was not necessary, the fact remains that I was at all times authorized by the Town Commission to work with outside counsel to assist with the defense of the public records suits brought against the Town by the O'Boyle Law Firm, including Jonathan O'Boyle, and to advance any claims in response, including the instant UPL complaint. That authority was formally ratified by the Town Commission at its meeting on December 12, 2014. (See pages 15-17 of the Town Commission Minutes from Dec. 12, 2014, attached hereto as Exhibit F) In light of the foregoing, there should be no question but that the pending UPS and Bar complaints are valid. Sincerely, �, cottW`Morg nMayor Town of Gulf Stream c.c. Scott K. Tozian, Esq. FAA Registry - Airmen =Airmen inquiry -Airmen Do tall Search Results Display Preference: • Horizontal Vertical Total Names found is t based an search criteria provided above. P )\ 1111:1\ M ILLYOlicM LI er'sNonal (formation JONATHAN REILLY O'BOYLE 23 N HIDDEN HARBOUR DR GULF STREAM FL 33483 County: PALM BEACH Country: USA Medical Medical Class: Third, Medical Daterl2014 MUST WEAR CORRECTIVE LENSES. Certificates PRIVATE PILOT Date of Issue: 8/19/2004 Certificate: PRIVATE PILOT Ratings: PRIVATE PILOT AIRPLANE SINGLE ENGINE LAND INSTRUMENT AIRPLANE 5/15/15, 5:18 PM YARNING: This Is a Federal Avlatlon Adminlstntion (FAA) computer system. FAA systems, Including an related equipment, networks, and network devices (specifically fncluding ntemet access) are provided for the processing of official U.S. Government Information. Unauthorized access or use of this computer may subject vb4[ors to criminal, civil, and/or dMinIstrative action. All Information on this computer system may be Intercepted, recorded, read, oop ed, and dlsctosed by and to authorized personnel for official purposes, rduding criminal Investigations. Access or use of this computer system by any person, whether authorized or unauthorized, constitutes consent to these terms. Ps://amsms.registry.fea.gov/alrmeninquiry/ Page 2 of 3 CHAPTER 83. PENNSYLVANIA RULES OF DISCIPLINARY ENFORCEMENT Subchapter B. MISCONDUCT Rule 219. Annual registration of attorneys. (a) Every attorney admitted to practice law in this Commonwealth shall pay an annual fee of $125.00 and file the annual fee form provided for in this rule. The fee shall be collected under the supervision of the Attorney Registration Office, which shall send or cause to be sent to every attorney, except an attorney who has elected to file the form electronically, the annual fee form. The Attorney Registration Office shall transmit to those attorneys who have elected to file the form electronically a notice by e-mail to register by July 1. Failure to receive the annual fee form by mail or electronically shall not excuse payment of the fee. The said fee shall be used to defray the costs of disciplinary administration and enforcement under these rules, and for such other purposes as the Board shall, with the approval of the Supreme Court, from time to time determine (b) The following shall be exempt from paying the annual fee required by subdivision (a) (1) Justices or judges serving in the following Pennsylvania courts of record shall be exempt for such time as they serve in office. Supreme, Superior, Commonwealth, Common Pleas, and Philadelphia Municipal; and justices orjudges serving an appointment for life on any federal court; (2) retired attorneys; and (3) military attorneys holding a limited certificate of admission issued under Pa.B.A.R. 303 (relating to admission of military attorneys). Official Note The exemption created by subdivision (b)(1) does not include Philadelphia Traffic Court judges, Pittsburgh Municipal Court judges, magisterial district judges, arraignment court magistrates or administrative lawjudges. (c) On or before May 15 of each year the Attorney Registration Office shall transmit to all attorneys required by this rule to pay an annual fee, except those attorneys who have elected electronic filing, a form required by subdivision (d) of this rule. On or before May 15 of each year subsequent to the year in which an attorney elects electronic filing, the Attorney Registration Office shall transmit to such attorney a notice by e-mail to register by July 1. a (d) On or before Judy / of each year all ationreys required by this nrle to pay an aminal fee shall file with the Attorney Registration Office a signed or electronically endorsed form prescribed by the Anorney Registration Office in accordance with the following procedures: (1) Tire farm shall set forth: (i) The date on which the attorney was admitted to practice, licensed as a foreign legal consultant, granted limited admission as an attorney participant in defender and legal services programs pursuant to Pa.B.A.R. 311, or issued a Limited In -House Corporate Counsel License, and a list of all courts (except courts of this Commonwealth) and jurisdictions in which the person has ever been licensed to practice law, with the current status thereof. (ii) The current residence and office addresses of the attorney, each of which shall he an actual streel address or rural route box number, and the Attorney Regislralion Office shall refuse to accept a form 1hal sets forth only a post office box number for either required address. A pmfe rred mailing address d feren from those addresses may also he provided oil the form and nncly he a post office box number. the attorney shall indicate which of the addresses, the residence, rfce or mailing address, as well as telephone andfax number will be accessible through the websile of the Board (hap:. ivww.padisciplinaryboard.org) and by written or oral request to the Board Upon an anorney's written request s7uhmilted to the Attorney Registration Office andfor good cause shown, the contact information provided by the anorney will he nonpublic informalion and will nol he published on the Board's websile or otherwise disclosed Official Note Public web docket sheets will show the attorney's address as entered on the court docket. Property Details for 2146 E HUNTINGDON St, PHILADELPHIA, PA 19125 Interior Features Bedroom Information • Master Bedroom on Upper Level • Master Bedroom Dimensions • Second Bedroom on Upper Level • Second Bedroom Dimensions • Third Bedroom on Upper Level • Third Bedroom Dimensions Kitchen & Dining Information • Kitchen an Main Level • Kitchen Dimensions • Gas Cooking • Full Kitchen (No Eat -in) • Has Dining Room • Dining Room on Main Level • Dining Roam Dimensions Living & Family Room Information • Living Room on Main Level • Living Room Dimensions • Has Family Room • Family Room on Main Level • Family Room Dimensions Other Room Information • to Basement • Dimensions Basement Information • Has Basement • Full Basement, Fully Finished Basement Interior Features • Game/Media Room, Utility/Mud Room • Wood Floors • 9+ Ft. Ceilings, Cei'ng Fan(s) Cable TV Wired Heating & Cooling C " G a s H e a t i n g " H a s C e n t r a l A i r " C e n t r a l A i r C o n d i t i o n i n g " H o t W a t e r N a t u r a l G a s H o t W a t e r P r o p e r t y / L o t D e t a i l s L o t I n f o r m a t i o n " L a n d S q F t . 1 . 2 6 0 " L o t A r e a ( A c r e ) 0 . 0 3 " L o t D i m e n s . o n s 1 8 z 7 0 " L o t N u m b e r 1 4 3 " L a n d U s e C o d e 0 3 0 P r o p e r t y F e a t u r e s " P a t i o " F o y e r " L a u n d r y o n M a i n F l o o r " H a n d i c a p I m p r o v e m e n t s N o n e P r o p e r t y I n f o r m a t i o n " I n t e r i o r S q F t S o u r c e A s s e s s o r " N e t S q . F t . 1 5 4 0 0 " Z o n i n g C o d e : R 1 0 A " O w n e r s h i p F e e S i m p l e " P r o p e r t y C o n d i t i o n A v e r a g e + P a n t i n g 1 G a r a g e , E x t e r i o r F e a t u r e s , U t i l i t i e s & L o c a t i o n D e t a i l s P a r k i n g & G a r a g e " S t r e e t P a r k i n g B u i l d i n g I n f o r m a t i o n " P r o p e r t y A g e 8 0 " E x t e r i o r . B r i c k U t i l i t y I n f o r m a t i o n " P u b l i c W a t e r " P u b l i c S e w e r " 1 0 0 - 1 5 0 A m p E ' e c t r i c a l L o c a t i o n I n f o r m a t i o n " C r o s s S t r e e t N a m e T R E N T O N A V E 4 fVJ'91 1 aim Google Maps Page I of I 17 ILI r_ (ittps://www.eoo_le.com/maos/n39 983994-7i MM Z3 3a 60V 933 67h RF Rt1rlara--?'rt Ar vrRwn r; 2146 E Huntingdon St + Google'Mapa 5/15/15, 5:23 PM 0 :Pe://WWW.9oo9Ia.cam/maps/place/2146+E+Huntingdan+St,+Phlla... 12e814m213m111a8x89c6c83b33b32c59:6x59ee3ab91 b2efd9el6mIII e1 Page 1 of 1 64015 Jonathan Reilly D•boyle in Johnstown. PA- 581-758-1223 Jonathan Reilly O'boyle 561-758-1223 814-535-5175 1001 Broad St Johnstown, PA 15906-2437 Get Directions Send contact info to phone Print this page Download contact card Nearby businesses Our Sons' Family Restaurant Restaurants Zero's Italian Village Restaurants Sal's Pizza Restaurants Broad Street Pizza Restaurants Giant Eagle Supermarket "D Supermarkets 8 Super Stores tate:tezVhtml,charset=utl.B,%3Cdiv%20dms%3D%2aarringvnapper%22%20style%3D%22boz•sizing%3A%20bordgr-bcx%3a%20color%3A%20rgb(79%2.. M VMS Jarallan Reilly O'boyle In JOlvstwn. PA- 561.758.1223 Sheetz Convenience Stores & Service Stations At This Location Commerce Centre Property Management Compass System Inc Li'l Rascals Daycare Child Care Services Mint Capital Advisors LLC Epilepsy Foundation -western Robindale Energy Service Dit Commerce Group Inc Commerce Property Services Business owner? Add, edit or remove a Whitepages business listing Iala:texNMl, charsetm Wf-8.%3CCUv%20class%3D%221arding-wrapper%22%2OsWe%3D%22bac-slzig%3A%20bader-bmr%36%20cola%34%20rgb(79%2... 2f3 LAW OFFICES JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER & HOCHMAN, P.A. A PROFESSIONAL ASSOCIATION DAMIAN R ALBERT, PA W. HAMPTON JOHNSON, IV SCOTT O. ALEXANDER. PA. 1455 EAST SUNRISE BOLXEVARD J MARCOS MARTINEZ MICHAEL T. BURKE •1 MELISSA SLRTON BLUM 1000 FORT LAUDERDALE, FL=01 ROBERT E MURDOCH HUDSON C MICHAEL R. PIPER DAVID M. SCHWEIGER, PA HOCGILL JEFFREY L. PA CHRISTOPHER L SMITH E BRUCE OHNSON• JOHNSON J (954)46]-0100 Ma wd CHRISTOPHER STEARNS. PA (305)6452000 DWv (561)640.74/6 WPB •AalAn cOr,Fvnrnn. ruauxTDu TELECOP:ER ") 4 W34M �. RONALD P. ANSELMO BURL F. GEORGE April 16, 2015 William Thrasher Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 VIA EMAIL Re: O'Boyle and Asset Enhancement v. Gulf Stream, el al. Our File: 02015/35111 Case No. 2015-CA-001737(AJ) Dear Mr. Thrasher: Enclosed please find a copy of the Motion to Dismiss that we filed on behalf of the Town of Gulf Stream and Scott Morgan in the above -referenced matter. The enclosure argues that the claims under Florida Sunshine Law are deficient (1) because the conduct at issue did not rise to the level of formal governmental action, (2) because the alleged discussions between the Town's mayor and the Town's attorneys did not constitute meetings for purposes of the Sunshine Law, and (3) because the Court is not able to provide the specific relief requested by the Plaintiffs. The enclosure also argues that the Plaintiffs claims under the Public Records Act claims are deficient because the Town complied with Florida law and because the requested text messages are not public records, Please note that the enclosure is also supported by a separate notice of filing which includes extensive documents provided to the Courtas background information illustratinP the Plaintiffs' improper efforts in this matter and in his prior lawsuits against the Town of Gulf Stream and its various representatives. If you have any questions about the enclosure, please call me. JLH/kme Enclosure cc: Scott Morgan by email w/encl. cry roily yours, La ttdWJc eOfirm For th E Filing # 26127915 E -Filed 04/15/2015 03:04:39 PM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO,: 2015 -CA -001737 (AJ) MARTIN E. O'BOYLE and ASSET ENHANCEMENT, INC , Plaintiff, V. TOWN OF GULF STREAM, ROBERT A. S WEETAPPLE, SCOTT MORGAN, JOHN C RANDOLPH, and JOANNE O'CONNOR Defendants. DEFENDANTS TOWN OF GULF STREAM SCOTT MORGAN TQKN C RANDOLPH, AND 30ANNE O'CONNOR'S. MOTION TO DISMISS The Defendants, TOWN OF GULF STREAM ("Town), SCOTT MORGAN ('Mayor Morgan"), JOHN C. RANDOLPH ("Randolph"), and JOANNE O'CONNOR ('O'Connor"), by and through their undersigned attorneys and pursuant to Florida Rule of Civil Procedure 1.140, request entry ofan Order dismissing the Complaint to Enforce Florida's Sunshine and Public Records laws for Declaratory and Injunctive Relief ('Complaint") Sled by the Plaintiffs, MARTIN E. O'BOYLE ("O'Boyle") and ASSET ENHANCEMENT, INC. ("Asset Enhancement', and state as follows! I. INTRODUCTION O'Boyle is a disgruntled resident of the Town. Since 2013, O'Boyle has filed approximately 35 state and federal lawsuits targeting the Town, the Town's elected officials, and the Town's dedicated employees Ills newest lawsuit illustrates his addiction to such frivolous litigation. O'Boyle v. Morgan & Sweefapple, et al. Case No. 2015 CA 001737 (AT) 2. In response to recent defeats in two federal cases, and in response to an independent series of complaints filed with the Florida Bar, O'Boyle again engages in his preferred form of retaliation. the filing of a frivolous lawsuit The Complaint is fatally defective As a result, the Defendants request that each claim be dismissed at the earliest possible opportunity and that sanctions be entered -- again' -- age!= O'Boyle 3 According to the unsupportable theory described in the Complaint, the Town's attorneys cannot exercise independent professional judgment in litigating for the Town without first discussing their decisions during an open public meeting Not surprisingly, the unsupportable relief O'Boyle requests is (1) a judicially -imposed veto over all past litigation decisions, including a 'Judicial withdrawal" of the complaints now pending before the Florida Bar and (2) an injunction requiring the Town's attorneys to discuss each future litigation decision during an open public meeting so that O'Boyle can attend and plan his counter -strategy (and, hopefully avoid yet another litigation defeat). Since the Complaint represents only a self-serving and improper expansion of the obligations imposed upon Florida municipalities under the Sunshine Law and Public Record Act, the Court should dismiss the Complaint and deny O'Boyle the litigation advantage he seeks. ' In Q'Bovle v. Shulman. Rogers. Gandal. Porde & Ecker. P A. the United States Court of Appeals discusses the history of sanctions awards issued and modified by the trial court, including an ini(dat sanctions award totaling 5125 million. The case also discusses the trial court's order requiring O'Boyle "to pay over $16 million in fees to the defendants." 436 Fed. Appx. 449, 450 (6th Cir. 2011) O'Boyle v. Morgan & Sweetapple, or at Case No. 2015 CA 001737 (AJ) 11. MOTION 4. The eight -court Complaint alleges (1) that Mayor Morgan and the Town violated section 286.011(1), Florida Statutes (hereinafter "Sunshine Law"), by filing the Bar Complaints without fust conducting a public meeting (Counts I and 11), (2) that Mayor Morgan, Town Attorney Joanne O'Connor, and the Town violated the Sunshine Law by seeking protective orders for witnesses subpoenaed by O'Boyle in a public records case without fust conducting a public meeting (Counts III and IV), (3) that Mayor Morgan, Town Attorney Robert Swectapple, Town Attorney O'Connor, and the Town violated the Sunshine Lawby engaging in settlement discussions without first conducting a public meeting (Counts V and VI), (4) that the Town violated Chapter 119 of the Florida Statutes ("Public Records Act') by redacting work -product information from the billing records for a Town attorney (Count VII), and (5) that the Town violated the Public Records Act by failing to disclose some of Mayor Morgan's text messages (Count VIII). 5. 'Me Plaintiffs seek identical relief for each Sunshine Law claim: (1) that the Court declare that the Defendants' conduct violated the Sunshine Law, (2) that the Court enjoin the Defendants from taking such action in the future, and (3) that the Court award attorney's lees and costs. ,Seg CompL at 10, 11, 13-14, 14-15, 16, 18, 19-20. 6. The Plaintiffs also seek identical relief for each Public Records Act claim; (1) that the Court declare that the Town violated the Public Records Act, (2) that the Court order the Town to allow inspection, copying and photographing of the requested records, and (3) that the Court award suomey's fees and costs, ,Seg Compl. at 21, 22-23. O'Boyle v. Morgan & Sweetapple, at of, Case No. 2015 CA 001737 (AJ) 7. The Court should dismiss Counts I and II against Mayor Morgan and the Town — alleging violations of the Sunshine Law for filing the Bar Complaints — for the following reasons. (a) The filing of bar complaint is not an "official act" or "formal action" which required commission approval, (b) The meetings between Mayor Morgan and the Town's attorneys did not constitute a meeting of a board or commission, and (c) The Court is unable to grant the specific relief at issue, i.e., the judicial withdrawal of the Bar Complaints. g. The Court should dismiss Counts III and 1V against Mayor Morgan, Attorney O'Connor, and the Town — alleging violations of the Sunshine Law for filing motions for a protective order in response to witness subpoenas issued by O'Boyle -• for the following reasons: (a) Mayor Morgan and Attorney O'Connor are not, collectively, a board or commission subject to the requirements of the Sunshine Law, and (b) The filing of a motion for a protective order is not an"official act"or"formal action" which required commission approval. 9. The Court should dismiss Counts V and VI against Mayor Morgan, Attorneys Sweetapple and O'Connor, and the Town — alleging violations of the Sunshine Law for engaging in settlement discussions — for the following reasons (a) The alleged settlement negotiations attended by Mayor Morgan and the Towv's attorneys were not subject to the Sunshine Law because they are not meetings of a board or commission; and 4 O'Boyle v. Morgan & Sweetapple, et al, Case No. 2015 CA 001737 (AJ) (b) The alleged settlement negotiations were conducted in accordance with the Florida rules governing mediation and readily distinguished liom settlement approvals. 10. The Court should dismiss Count VII against the Town — alleging violations of the Public Records Act by providing redacted billing records (with work -product information being removed from Attorney Sweetapple's bills) -- because the redacted items are subject to legitimate and unchallenged exemptions under the Public Records ACL 11. The Court should dismiss Count Vlll against the Town — alleging violations of the Public Records Act by failing to provide Mayor Morgan's teat messages — because the requested text messages are not public records under the Public Record Act. WHEREFORE, the Defendants, TON 2W OF GULF STREAM, SCOTT MORGAN, JOHN C RANDOLPH, and JOANNE O'CONNOR, request entry of an Order dismissing each claim asserted by the Plaintiffs, MARTIN E. O'BOYLE and ASSET ENHANCEMENT, INC, in the Complaint, together with such additional relief the Court deems just and proper. 1IL O'BOYLE's LITIGATION HISTORY wmi Tim TOWN 12. As of January 9, 2015, O'Boyle had filed "approximately 29 lawsuits against the Town for alleged violations of the Public Records Law," and was then "engaged in 12 lawsuits against the Town relating to alleged violations of the Public Records Law." O'Boyle v. Moream et AL 14-cv-81250-KAM, DE 1-2 at 1110-12 ' Pursuant to Florida Rules of Evidence 90 202(6) and 91203, the Defendants request that the Court take judicial notice of the filings in the related federal and state cases involving O'Boyle and the Town. See Turnery. City orClearwater, 789 So 2d 273, 281 (Fla. 2001) (stating that under section 90.202(6), "a court may take judicial notice of records of aay court "). O'Boyle v. Morgan & Sveetapple, at at. Cue No. 2015 CA 001737 (AJ) 13. O'Boyle has also filed at least four federal lawsuits against the Town. In O' o le v. Town of Gulf Stream 13-cv-80530-DMM ("O'Boyle I'), O'Boyle sued the Town claiming that certain political paintings on the side of his residence constituted protected speech and that the Town's efforts to enforce its code of ordinances as to the paintings violated his rights under the First Amendment. See 13-cv-80530-DMM, DE I After the Court denied O'Boyle's motion for a preliminary injunction and a temporary restraining order,;;ec 13-cv-80530-DivIM, DE 28, the parties filed a stipulation for dismissal, and the Court dismissed the case with prejudice. 13-cv-80530- DMM, DE 45, 47. 14. In O'Boyle v. Town of Gulf Stream, et al., 14-ev-80317-DMM ("O'Boyle O'Boyle sued the Town, Town ManagerThrasher, and Police Chief Garrett Ward under federal and state law based upon the Towm's efforts to enforce its sign ordinance during O'Boyle's unsuccessful attempt to secure a seat on the Town commission. 14-cv-80317-DMM, DE 28. In O'Bovle IT. the Honorable Donald M. Middlebrooks dismissed the claims against Town Manager Thrasher and Chief Ward on November 24, 2014, because the individual defendants were entitled to qualified immunity 14-cv-80317-DMM, DE 49 at 24-30. On March 31, 2015, Judge Mtddlebrooks granted the Town's motion for summaryjudgment, ruling in the Town's favor on all remaining claims. 14- cv-80317-DMM, DE 93. For each referenced record, the Defendants have provided the case number and docket entry number for case of Identification, O'Boyle v. Morgan & Sweetapple, at at Case No. 1015 CA 001737 (AJ) 15. On September 12, 2014, O'Boyle filed suit against Town Mayor Scott Morgan and an attorney engaged to represent the Town, Robert A, Sweetapple, Esq. O'Boyle v. Morgan. et sl., 14-ev-81250-KAM("O'BovleIII') In o IeBI O'Boyle asserted claims against MayorMorgan and Sweetapple for slander, libel, First Amendment retaliation, "civil conspiracy," conspiracy to commit slander, and conspiracyto commit FirstAmendment retaliation 14-ev-81250-KAM,DEI-2. Mayor Morgan and Mr. Sweetapple have filed motions to dismiss. 16. On September 26, 2014, O'Boyle filed suit against Police Chief Garrett Ward, Town Manager'fhrasher, and the Town. O'Boyle v. Thrasher. etal., Case No.! 14 -81248 -CIV -BURLEY, DE 1-1 ("O'Boyle N). In O'Boyle IV which was based on two separate encounters at the Town building, O'Boyle alleged claims under 42 U.S C. § 1983 for the allegedly improper seizures of his documents and person, and also alleged claims understate law for alleged assault and battery. After the defendants filed a Motion to Dismiss, the Honorable Daniel T. K Hurley dismissed the claims with prejudice. 14 -81248 -CIV -HURLEY, DE 22. 17. On February 12, 2015, the Town and others filed suit against Martin O'Boyle, current and former members of the O'Boyle Law Firm (including O'Boyle's son), and others alleging that they had violated the federal Racketeer Influenced and Corrupt Organizations Act ("RICO") by engaging in scheme to defraud and extort money from the plaintiffs The scheme involved the submission of frivolous public records requests that were intentionally inconspicuous and then demanding that these municipal entities and agencies immediately settle for an inflated amount of attorney's fees or face protracted litigation. The conduct involved a flurryoffrivolouspublic records O'Boyle v. Morgan & Sweetappfe, el aL Case No. 2015 CA 001737 (A,1) request and improper lawsuits. Town of Gulf Stream, at al., v. Martin O'Boyle at al Case No 9:15-cv-80182-KAM, DE 1 ("O'Bovle V'). 18 In response to the Town recent successes against O'Boyle's campaign of litigation - far -profit, this lawsuit seeks to gain an informational advantage by compelling the Town to publicize its litigation activities Florida law confirms that the Defendants are not obligated to telegraph their litigation strategy to the Plaintiffs, and that the Court should deny relief IV. MEhtoRANDumor LAW A. The Sunshine Law Claims 19 The Sunshine Law states. All meetings of any board or commission of any state agency or authority or of any agency or authorig of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, including meetings with or attended by any person elected to such board or commission, but who has not yet taken office, at which official nets are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting. § 286.011, Flo. Stat. (emphasis added). "[Mhere officials have violated section 286.011, the official action is void ab inido " Sarasota Citizens for Responsible Gov't v. City of Sarasota. 48 So 3d 755, 762 (Fla 2010). 1. The Bar Complaints 20, In Counts I and 11, O'B oyle claims that Mayor Morgan, Commissioner Orthwein, and the Towzt attorneys violated the Sunshine Law when Mayor Morgan signed the documents sent to the Florida Bar alleging misconduct on the par[ of current and former members of the O'Boyle Law Firm, O'Boyle's counsel in the lawsuit. Compl. at nl, ¶ti' 28-30, 41-71 O'Boyle argues that Mayor O'Boyle V. Morgan & sweetapple, et al. Case No. 2015 CA 001737 (AJ) Morgan's "Filing of the bar complaints" constituted formal action which did not occur at a public meeting, and that the Bar Complaints are, therefore, "void" Compl. at $T 54-55. He seeks a declaration that the filing of the bar complaint violated the Sunshine Law He also seeks an injunction preventing Mayor Morgan from taking formal actions in violation of the Sunshine Low, and attorneys' fees and cost Camp at 11, 12. 21. O'Boyle's claims involving the Bar Complaints is facially defective. First, the filing of a bar complaint is not an "official act" or "formal action" which required Town commission approval. Section 286.011(1) is expressly limited to meetings "at which official acts are to be taken," and provides that any 'resolution, rule, or formal action" taken at non -complaint meeting is not binding. A bar complaint -- the vehicle for advising the Florida Bar of misconduct on the part of an attorney — is not a "resolution, rule, or formal action." Such a complaint docs not bind the Town to any future conduct or to the payment of any expenditures. Since the filing ofthe Bar Complaints was not "formal action" as a matter of law, the Sunshine Law does not apply in Ute first instance. 22. While O'Boyle complains that he was denied an opportunity to be heard regarding the decision to file the Bar Complaints, see Comp. at A 70, that argument improperly assumes that a public discussion was ever required. The Rules Regulating the Florida Bar require attorneys to report violations of the Rules of Professional Conduct which raise "substantial question as to [a] law) er's honesty, trustworthiness, or 6mess as a lawyer in other respects." R. Reg. Fla. Bar 4-8 3(1). As a result, the Town's attorneys (Defendants Randolph, O'Connor, and Sweetapple) were affirmatively obligated to ensure that the Florida Bar was advised of possible misconduct by the 3 O'Boyle v. Morgan & Swcetapplq et al. Case No, 2013 CA 001737 (A,i) O'Boyle Law Firm. That obligation existed regardless of any authorization by the Town Commission 23. Second, any meeting between Mayor Morgan and the attorneys cannot be characterized as a meeting of "a board or commission" under the Sunshine Law. Only Mayor Morgan is a member of the Town Commission. According to the text of the Sunshine Law, his meetings with the Town's attorneys were not required to be conducted during a public meeting. The Sunshine Law only appli cs to "gathering ofthe members of the Board where the members deal with some matter on which foreseeable action will be taken by the Board." Tolnr v. Sch. Bd .398 So, 2d 427, 428 (Fla. 1981) (emphasis added); Fla. Parole & Prob. Com v. Thomas 364 So 2d 480, 481 (Fla. 1st DCA 1978) ("It is clear that requisite to the application of the Sunshine Laty is a meeting of two or more public officials."). Since Counts I and 11 fail to allege any discussions among two members of the Town Commission, the claims are fatally defective 24. Third, the Court is unable to grant O'Boyle the relief he seeks On its face, the Complaint seeks an injunction preventing future violations of the Sunshine Law by Mayor Morgan Sex Compl at 11, 12. However, the Fourth District has held that requests for such blanket injunctions are improper. See Citizens for Sunshine, Inc. v. Sch. Bd. of Martin County 125 So. 3d 184,189 (Fla 41h DCA 2013) C'Mo the extent theplaintiff requested the circuit court to enjoin the defendants from holding additional unnoticed meetings in general, such a blanket request is legally insuffrcient'�. Port Everglades Auth v Intl Longshoremen's Assn Local 1922-I 652 So. 2d 1169, 1173 (Fla. 4th DCA 1995) (" IMIdle a court cannot issue a blanket order enjoining any violation of the Sunshine Law on a showing that it was violated in particular respects, a court may 10 O'Boyle V. Morgan & sweetapple, el al. CaSe No. 2015 CA 001737 (AJ) enjoin a future violation that bears some resemblance to the past violation. The future conduct must be specified, with such reasonable definiteness and certainty that the defendant could readily know that it must refrain from doing without speculation and conjecture.") (citation and quotation omitted) 25. In essence, O'Boyle asks the Court to provide a'judicial withdrawal" of the Bat Complaints See Compl at J� 54, 55 (alleging that "Morgan's August 25, 2014 filing of the bar complaint constituted formal actions under §286 011, Fla Stat„ which had to occur at an open public meeting under the Sunshine Law," and that "[t]he failure to perform the act at an open public meeting constitutes irreparable harm to the public and is void."). Under Sunshine Law, an official action which was not adopted at a public meeting "is void ab inifio." See Sarasota Citizens for Responsible Gov't v„ 48 So. 3d at 762; Sze Orapski v. City of Alachun, 31 So. 3d 193, 200 (Fla. Ist DCA 2010) (declaring "the City's approval of those [meeting m]inutes null and void ab initio "). 26. Abarcomplaint,unlikeamunicipalresolutionorordinance,cannotbedeclaredvoid ah initio. Under the Rules Regulating the FI orida Bar, the complainant (here, the Town) is not a party to the bar proceeding and has no rights other than that of a witness. R. Reg. Fla. Bar 3-7 30), 3- 7.6(k). The Florida Bar is obligated to continue in the bar proceeding regardless of"unwillingness" or "neglect' by the complainant. Id. 27 Nowthal the barproceeding has been commenced, it cannot simply be "%vithdrawn As a result, the bar proceedings against the O'Boyle Law Film will continue despite any judicial intervention. Since O'Boyle's request far relief is futile, Counts I and 11 should be dismissed. O'Boyle Y. Morgan & S"etapple, et al. Case No. 2075 CA 001737 (AJ) 2. The Litigation Strategy Decisions 28. To Counts III and N, O'Boyle alleges that Mayor Morgan and attorney O'Connor violated the Sunshine Law when Mayor Morgan directed O'Connor to move for protective orders after O'Boyle attempted to depose Town residents in a public records case Comp] at 7S 27, 74, 77, 81 These claims are subject to dismissal for several reasons. 29. First, Mayor Morgan and O'Connor are not, collectively, a board or commission subject to the requirements of the Sunshine Law. Again, the Sunshine Law only applies to "gathering of the members of the Board where the members deal with some matter on which foreseeable action will be taken by the Board." Tqlar 398 So. 2d at 428; Thomas 364 So. 2d at 481 Since Mayor Morgan is the only member of the Town Commission, his meetings with O'Connor, an attorney representing the Town, were not subject to the Sunshine Law, 30 Second, the filing of a motion foraprotectiveorder isnot an "official act" or"formal action" which required any commission approval Instead, section 286.011(1) is expressly limited to meetings "at which official acts are to be taken," and applies to "resolution[s], rule[s], or formal action" taken at such meetings. The Sunshine Law does not require an attorney representing a municipality to conduct a public meeting and then subject all litigation decisions to public disclosure and comment. As in representing any private organization, attorneys representing municipalities routinely exercise independent professional judgment when making litigation decisions on behalf of their clients. Whether to file a particular motion and whether to oppose a discovery request are among the various pinpoint decisions the client purchases collectively when engaging an attorney to provide representation. The Plaintiffs effort to fractionalize the bundle of services provided by 12 O'Boyle v. Morgan & Swcetapple, et al. Case No. 2015 CA 001737 (AJ) an attorney and then require approval of each traction is both unreasonable and impossible to implement. Even if the Plaintiff were successful in advancing such a silly no bon, the Sunshine Law does not require it' 31 This conclusion is supported by the case law. In Bassett v. Braddock the Florida Supreme Court held that an attorney representing a governmental body properly met privately with employee representatives to negotiate a collective bargaining agreement without violating the Sunshine Law 262 So 2d 425 (Fla 1972). The meetings at issue here cannot be distinguished from those in Bassett. Accordingly, Counts III and IV must be dismissed. 3. The Settlement Negotiations 32, Counts V and V1 assert that Mayor Morgan and the Town's attorneys violated the Sunshine Law by engaging in settlement negotiations without convening commission meetings Compl. at 99 84-101. O'Boyle alleges that Mayor Morgan, O'Connor, and Co -Defendant Robert Sweempple violated the Sunshine Law on September 3, 2014, when they met with a Town resident to discuss settlement options and "assured" that the Town Commission would approve the proposed settlement. See Compl. at lit 86.88.O' Boyle also alleges that the Town violated the Sunshine Law when an unidentified Town attomey rejected one of O'Boyle's offers and issued a counteroffer ' The appropriateness of the decision to file the motion for protective in the public records case (502014CAO0S076XX)0 MB AD) and the baseless and vindictive nature of O'Boyle's effort to take the depositions are conrtrmed by the content of the Town's motion, O'Boyle's response, and the Court's order granting the Town's motion. Pursuant to Rules 90.202(6) and 90,203, the Defendants request that the Court take judicial notice of these filings. Contemporaneous with this Motion, copies of the referenced documents have been filed with Court in a separate filing. 13 O'Boyle v. Morgan & Swcetapple, et al. Case No. 2015 CA 001737 (A.1) without first convening a Commission meeting. Compl at �J 95-98. Neither claim establishes a Sunshine Law violation. 33. Once again, since the Sunshine Law only applies to "gathering of the members of the Board," the Sunshine law did not apply to the September 3, 2014, settlement meeting attended only by a single board member, Mayor Morgan See 7.olar. 398 So 2d nt 428; Th_ omas 364 So. 2d at 481. 34. Moreover, Mayor Morgan's attendance during the meetings and his alleged statements during the settlement conference were in accordance with the rules regarding mediation. The Florida Rules of Civil Procedure provide that a public entity is "deemed to appearat amediation conference by the physical appearance of a representative with full authority to negotiate on behalf of the entity and to recommend settlement to the appropriate decision-making body of the entity " Fla. R. Civ. P. 1.720(d). As a result, having a single commissioner attend a settlement conference and then recommend settlement to the other commissioners at a public meeting (ifneeded) complies with Rule 1.720(6) and — as a pure matter of law -- does not violate the Sunshine Law. 35. O'Boyle's claim regarding his purported offer and the Town's purported counteroffer fails for similar reasons. O'Boyle alleges that one of the Town's attorneys rejected his offer and issued a counteroffer without convening a meeting of the Town Commission See Compl. at JJ 95- 98. Since a Town attorney is not a member of the Commission, a Town attorney is not subject to the Sunshine Law. Moreover, the counsel for Town is entitled to engage in the negotiation process. Only the Town has the power to accept a final settlement. Based on various factors, including perceptions of risk, considerations of cost, and even political factors, the Town Commission is never bound to anyrecommendation provided by its representatives who attend any settlement conference. 14 O'Boyle v. Morgan & Sweetapple, at al. Case No. 2015 CA 001737 (At) Instead, based on the information provided, the Town Commission can elect any course of action it deems appropriate, even issue a settlement proposal never discussed during the settlement conference. O'Boyle's limited understanding of the settlement process onlyconfinns the invalidity of his claim's in Counts V and VI. Both claims should be dismissed B. The Public Records Claims 1. The Redacted Billing Records 36. The Public Records Act expressly states that "[ilt is the policy of this state that all state, county, and municipal records are open for personal inspection and copying by any person." § 119.01 (1), Fla Stat. (2012); Leg Liehtbourne v. McCollum. 969 So. 2d 326, 332 (Fla. 2007); Barfield v. Sch. 13d , 135 So. 3d 560, 561-562 (Fla. 2d DCA 2014). Chapter 119 exempts certain documents from production including those that contain "work product " See 119.071(1)(d)l, Fla. Stat Section 119.071(1)(d)l provides: A public record that was prepared by an agency (including an attorney employed or retained by the agency or employed or retained by another public officer or agency to protect or represent the interests of the agency having custody of the record) or prepared at the attorneys express direction, that reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney orthc agency, and that was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings, or that was prepared in anticipation ofimminent civil or criminal litigation or imminent adversarial administrative proceedings, is exempt from s. 119.07(1) and s. 24(a), Art.1 of the Slate constitution until the conclusion of the litigation or adversarial administrative proceedings The exemption extends to those records that contain the attorney's mental impressions, litigation strategy, or legal theory and are prepared exclusively for litigation or in anticipation of imminent litigation. Lightboume, 969 So. 2d at 332. 15 O'Boyle V. Morgan & Swumpple, et al Case No. 2015 CA 001737 (A.1) 37. O'Boyle's allegation that the billing records were improperly redacted is insufficient to state a claim against the Town. The attached document establishes that the Town redacted portion of the billing records pursuant to the "work product" exemption in section 119.071(1)(d)1. 51a Compl., Ex. D. O'Boyle has not alleged that the Town's assertion orthe exemption was improper or without merit. Since he has Failed to allege the exemption is improper, he has failed to state a claim upon which relief may be granted in Count VII. 2. The Teat 14essuges 38. The allegations in Count Vlll regarding allegedly unproduced text messages on Mayor Morgan's cell phone do not establish a claim under Chapter 119 because the requested text messages are notpublic records. "public records" means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. See § 119.011(12), Fla. Slat. 39. Florida courts have consistently held that merely bemuse a written communication is sent to or received by a Town official does not transform the communication into a "public record" under Chapter 119. In State v. City of Clearwater. the Florida Supreme Court analyzed the issue of whether e-mails are considered public records. There, a reporter requested that the city provide copies of all a -mails either sent from or received by two city employees over the city's computer network. 863 So 2d 149, 150 (Fla. 2003). At issue was whether the e-mails, by virtue of the city's possession on their network, were public records. ld. at 151. The Corot concluded that the Er O'Boyle v. Morgan & Sveetappfe, et al. Cate No. 2015 CA 001737 (AJ) defmition of public records is limited to public information related to records, and further defined the term "records" as those materials that have been prepared with the intent of perpetuating or formalizing knowledge. Ld at 154. The Court emphasized that the mere placement of an e-mail on a government network is not controlling in determining whether it is public record, but rather, whetherthe e-mail isprepared in connection with the official business ofan agency and is "intended to perpetuate, communicate, or formalize knowledge of some type." id• (quoting Shevin. 379 So 2d at 640); Butler v. City of Hallandale Beach. 68 Se. 3d 278, 279 (Fla, 4th DCA 2011). 40. Here, O'Boyle alleges that merely because Mayor Morgan received text messages, the text messages automatically hold the status of public records under Chapter 119. Ste Comp. at T. 120 (alleging that O'Boyle requested "all text messages sent or received by or for Scott Morgan.."). However, merely because Mayor Morgan had been sworn in as a Town Commissioner does not convert his text messages into public records To be a public record, the textmessagesmust be made pursuant to an official duty and must be created with the intent to formalize knowledge, SeeloRgzv.Stste.696So 2d725,728(Fla 1997)(holdinghandwrinennotes ofstateattorney were not "public record" by definition); State v. Kokal. 562 So, 2d 324, 327 (Fla. 1990) (holding that pretrial materials which include notes from the attorneys to themselves designed for their own personal use inremembering certain things or preliminary guides intended to aid the attorneys when they later formalize their knowledge are not within the term "public record'D. Since O'Boyle fails to allege that any such text messages were withheld, Count V111 is facially insufficient and should be dismissed. 17 O'Boyle v. Morgan & Sweetapple, et ol. Case No. 2015 CA 001737 (AJ) 41. In addition, O'Boyle's unsupported speculation of the existence of additional, unproduced text messages is insufficient to state claim under the Public Records Act. The Florida Supreme Court has "consistently.. upheld the summary denial of public records claims based on a defendant's mere speculation about the existence of unproduced records." Johnson v. State. 904 So 2d 400, 404 (Fla. 2005) (mere allegation that FDLE may have been withholding additional relevant documents because prior production was tardy "amounts to a 'fishing expedition for records"'), accord Garcia v. State, 949 So. 2d 980, 987 (Fla 2006); see alsu Moore v. State. 820 So. 2d 199,204 (Fla. 2002) (rejecting a public records claim because "importantly, [the defendant] has made no showing that there is any additional information that has not been disclosed"). 42 Here, O'Boyle alleges that more tent messages must exist because Mayor Morgan stated that he only responded to text messages on the weekends. See Compl at 1123. O'Boyle's assumption that Mayor Morgan's must have been receiving and, therefore, responding to more text messages is the type of "mere speculation" found insufficient by the Florida Supreme Court See Johnson 904 So. 2d at 404; Garcia 949 So. 2d at 987; L!2m, 820 So 2d at 204 For this reason, Count VIII should be dismissed. V. CONCLUSION The Plaintiffs are engaging in a form of retaliation masquerading as litigation. None of the claims can be reconciled with a reading of the Sunshine Law or Public Records Act, and none of the claims relies upon any supporting authority. The harassment should end, and the Court should issue an order dismissing the Complaint with prejudice. 18 O'Boyle v. Morgoa & Sweetapple, et aL Case No. 2015 CA OD1737 (AJ) 1 HEREBY CERTIFY that a true and correct copy of the above and foregoing was SERVED and FILED through Florida Courts E -filing Portal to William F. Ring, Esq., (oboylecourtdoes0obovlelaw6rm.com&wdne(alobovlelawfirm com),Attomey forPlaintiffs,The O'Boyle La,A Fum, P.0 ,1286 West Newport CenterDrive, Deerfield Beach, FL 33442 onthis 15th day of April 2015 JOHNSON, ANSELMO, MURDOCH, BURKE PIPER & HOCHMAN. P.A. Aitomeys for Defendants 2455 E. Sunrise Boulevard Suite 1000 Fort Lauderdale, Florida 33304 Tcl. (954)463-0100 Fax: (954) 463-2444 JEFFREY L. HOCHM Florida Bar Number. 902098 HUDSON C. GILL Florida Bar Number: 15274 19 Town Commission Regular Meeting December 12, 2014 @ 9:00 A.M. is more the sanctity of our drinking water. He stated that as sea levels rise from underneath our drinking water becomes more saline and over time we're going to have to do some things. But, we're not going to have to do it, Delray will have to do it because Delray supplies our grater. So we will participate with them to provide support and in some cases, incite to the differences between one municipality verse=_ another. He believed that this was a good idea for them to alert us to what they were doing but felt we could have found out just as easily by reading the newspaper. Mayor Morgan thanked the Vice Mayor for elucidating that and said he had been a little confused by it, but he did take the initiative of reading their plan, and as lona as it was, it did call, as he read it, for considerable interaction from local municipalities and municipal offices. However, he appreciated being kept advised as to what others are doing. Vice Mayor Ganger replied that he may end up going to that congress because they would like to have a representative from every municipality and he thinks it's interesting. He believed we need to be kept informed and focused to economic issues to prepare for inevitable increases in the price of flood insurance and ensure that FEMA and the people that are responsible for the assessment of the risk that we're going to be taking are informed that vie are working on mitigating those risks as best we can and therefore don't keep raising our flood insurance rates beyond that which is appropriate. Mayor Morgan advised that is part of the resolution 14-17 that will be discussed in a few minutes. XI. Items for Commission Action. A. Items by Mayor and Commissioners. Mayor Morgan advised that he had an item. He stated that as all know, on behalf of the Tot -in, he filed complaints before the Bar against members of the O'Boyle law firm for unethical misconduct and against Jonathan O'Boyle specifically for unlicensed practice of law. He stated doing that and that he always considered it, he didn't think there was any question about it, the implicit direction of this comanission to work with our attorneys or special counsel and our existing Jones Foster law firm, in defending the cases against us and advancing all claims that the attorneys felt were necessary. He stated that the counsel for Mr. O'Boyle had raised a question of that saying that the Mayor was not authorized by the commission to file those complaints. He states that he didn't think it is an issue, but wants to make sure we cover all bases. He is requesting a retroactive commission approval of his submission of these complaints is F Town Commisslon Regular Meeting December 12, 2014 @ 9:00 A.M. to the Bar Association and he would like to have that discussed now, and stated that perhaps Mr. Randolph could touch on it. Mr. Randolph stated that as the Mayor has indicated, he believes it was implicit by his previous action to authorize the Mayor to take such actions. But because the issue has been raised, he thought it would be appropriate for the Commission to ratify retroactively the actions that have been taken by the Mayor in that regard. To be specific what we would look for is a motion that the Town Commission ratify Mayor Morgan's August 25, 2014 filing of a complaint against the O'Boyle law firm, William Ring, Giovanni Mesa, Nicholas Taylor, Rhonda Williams and Ryan Whitmer with the Florida Bar's Attorney, Consumer Assistance program, ACAP, and a complaint aaainst Jonathan O'Boyle with the Florida Bar's Unlicensed Practice of Law Division, he said. Included in that motion would also be that the Town Commission authorizes (Mayor Morgan and/or the Town's legal counsel at Jones, Foster, Johnson 6 Stubbs PA, Richmond Greer PA and Sweet Apple Broker and Vargas PL to communicate with ACAP, the Florida Bar and counsel for the respondents on behalf of the Town in regard to those complaints. So if the Commission wishes to ratify that action based upon previous direction, such a motion would be appropriate. Vice [Mayor Ganger advised that he had a comment first, then a Motion. He believes personally and he believes his colleagues all accept that implicitly, way back over a considerable period of time, this is precisely what we had expected to have happen and, therefore, he thinks that the complaints are Find of procedural. He moved that that motion as stated by Attorney Randolph be accepted. Commissioner White seconded the motion. Mr. O'Hare stepped forward to make a comment and said that for years Jones Foster had represented this Toon without an agreement and at a public record request, no agreement exists. He states that's an ethics violation of the Florida Statutes and that he's glad you're finally fixing that and it's about time. In regard to retroactively covering your sunshine Violation, I don't think that's going to work. Thank you. (Mayor Morgan thanked Mr. O'Hare. The Town Clerk continued with the roll call with all voting AYE at roll call. Mr. Thrasher asked to make a comment and advised that in regard to that topic. He said he sat through those meetings and it was certainly his understanding as Town [Manager that it was your responsibility to act 16 Town Commission Regular Meeting December 12, 2014 @ 9:00 A.M. in a manner that you thought would protect our Town, which he thought you did. In no Dray did he feel as though he should have stepped forward and signed anything of that nature. His understanding of the meeting and his understanding of the actions that the Mayor had taken were exactly what was asked of the Mayor, he said, and in that regard he thanked him. r Commissioner Orthwein commented that she agreed with Mr. Thrasher, and that they talked about it at a meeting and gave Mayor Morgan explicit directions to be at the head of the Commission for their litigation, and she believed he was acting exactly as he should have. [Mayor Morgan thanked Mr. Thrasher and Commissioner Orthwein. B. Ordinance Section 70-71-C Mayor Morgan advised that this Ordinance was a modification of Town Code which was passed not too long ago that gave incentives to builders and architects if they created more interest in the design of homes. It was to grant them additional square footage. That has not borne out the way tae wanted it to bear out as was indicated by some of the homes that have gone up recently. He stated that Mr. Thrasher could explain better than he could as to what the issues were. Mr. Thrasher advised that it relates to the intent of the incentive which was to create architectural elements within a two-story structure that in essence did not make the home appear as though it toes a big, large block. He advised that some architects are very creative and they have used this technique to, in essence, just add 5; more square footage to the home that they proposed. He stated there are examples that he could articulate, but he will not go in that direction unless asked, but believes that this particular section of Code has been added should be repealed, or at least reviewed, and so until that is discussed at the ARPB and ultimately back to the Commission, he believed some kind of action should be- taken to see that this sort of building doesn't take place in the near future. Commissioner Orthwein commented that she had expected to see some more architectural features and some creativity and all that has been accomplished is more massiveness. She asked if there was any way that this can be reworded that would encourage creativity. Mr. Thrasher stated that it is possible, but a review is needed. Now it's open for interpretation and it goes back to an idea or concept that some architects respect the intent of the Code. He stated that it may not be literal, but that they respect the intent of the Code and actually augment their architectural design to align with that. 17 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA MARTIN E. O'BOYLE, CASE NO.: 502014CA004474XXXXMB DIVISION: AG Plaintiff, 141 TOWN OF GULF STREAM, Defendant. DEFENDANT'S MOTION FOR SANCTIONS AGAINST PLAINTIFF MARTIN E. O'BOYLE, COUNSEL OF RECORD, THE O'BOYLE LAW FIRM P.C., JONATHAN WAND WILLIAM RING, ESQUIRE Defendant, Town Of Gulf Stream, moves this Court for the imposition of sanctions against Plaintiff, Martin E. O'Boyle, Counsel of Record, the O'Boyle Law Firm, P.C., Inc., its President, Jonathan O'Boyle, and William Ring, Esquire, for unprofessional, unethical and abusive litigation tactics, and as grounds therefore would show the Court that: 1. On May 30, 2014, Defendant, through its counsel, Sweetapple, Broeker & Varkas, P.L., and Jones, Foster, Johnson & Stubbs, P.A., tiled Defendant's Motion to Disqualify the O'Boyle Law Firm, P.C., Inc., or in the Alternative, for an Evidenfiary Hearing (hereinafter the "Motion"). 2. This Motion has been withdrawn without prejudice as Defendant is seeking other remedies with regard to the matters addressed in the Motion. 3. Significantly, the O'Boyle Law Firm, P.C., Inc., registered as a Florida foreign profit corporation on February 10, 2014, claiming its principal office as 2146 E. Huntingdon Street, Philadelphia, Pennsylvania. 4. Upon information and belief, at the time of registering the O'Boyle Law Finn, P.C., Inc. (hereinafter the "O'Boyle Law Firm"), as a Florida foreign profit corporation, the O'Boyle Law Firm LAW OFFICES OF SWEE'rAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 3° STREET, BOCARATON,FLORIDA33432-3911 Martin E. O'Boyle v. Town of Gulfstream CASE NO. 502014CA004474XXXXMBAG (PALM BEACH COUNTY) appears to have had no real business presence in Philadelphia, Pennsylvania. Although it was registered as a Pennsylvania Corporation on November 14, 2013, it fiuther appears that: a. The O'Boyle Law Firm did not own or lease any commercial space there. b. The O'Boyle Law Firm did not have a business telephone line. c. The O'Boyle Law Firm had no employees and paid no salaries. d. The O'Boyle Law Firm did not pay city, state or federal taxes because it had no employees. e. The O'Boyle Law Firm did not obtain an occupational license to conduct business in the City of Philadephia. f. The O'Boyle Law Finn's sole principal, officer and director, Jonathan O'Boyle, used his Florida cell phone number (561-758-1223), as the fine telephone number. g. Jonathan O'Boyle is a member of the Pennsylvania Bar, but not of the Florida Bar. h. Jonathan O'Boyle advised the Pennsylvania Bar that he is an out-of-state attorney with an address in Florida. i. Jonathan O'Boyle advised the Pennsylvania Bar that his address is in the Town of Gulf Stream, Florida at 23 N. Hidden Harbour Drive, his parent's home address. j. At the time of the opening of the O'Boyle Law Firm in Florida, Jonathan O'Boyle resided and was domiciled in Florida. k. When the O'Boyle Law Firm opened in Florida, it was operated out of his father, Martin O'Boyle's, office at West Newport Center Drive, Deerfield Beach, Florida. It is still operated out of this building, which is owned or controlled by Martin O'Boyle. 2 LAW OFFICES OF SWEETAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 3' STREET, BOCA RATON, FLORIDA 33432-3911 Martin E. O'Boyle v. Town of Gulfstream CASE NO. 502014CA004474XXXXMBAG (PALM BEACH COUNTY) I. Since opening the O'Boyle Law Firm, Jonathan O'Boyle has had a constant presence in the State of Florida handling legal matters for his father and his father's businesses, including at least four (4) pro hac vice appearances. in. Jonathan O'Boyle has misrepresented his residence as part of his filings with the Court and/or the Bar. 5. Immediately after Defendant filed "the Motion", Plaintiff, Martin O'Boyle (hereinafter "O'Boyle") and his counsel, William Ring, requested a meeting with Joanne M. O'Connor, John C. Randolph and Sidney Stubbs of the Jones Foster law firm. 6. On June 4, 2014, O'Boyle, William Ring, Joanne O'Connor, and John Randolph met in the offices of Jones Foster. Mr. Stubbs was not in attendance. 7. O'Boyle indicated the meeting should be confidential in nature as it was called for the purpose of arriving at a settlement. However, Plaintiff then proceeded to issue implicit threats, stating that as a result of the Motion, which was directed at O'Boyle's son's law firm, O'Boyle intended to take steps against opposing counsel and their children. O'Boyle also made an implicit threat of physical violence stating, "You know I've never been a violent person. These hands have never touched anyone." O'Boyle inquired regarding opposing counsel, Joanne O'Connor's, marital status and threatened to hire investigators to `watch counsel's daughter to see if she slips up." 8. O'Boyle further stated that he was going to open sober houses throughout the Town of Gulf Stream. 9. These statements were made for the purpose of intimidating counsel, including undersigned counsel. The above conduct has caused undersigned counsel's co -counsel to become witnesses with regard to these events and this motion. 3 LAW OFFICES OF SWEETAPPLE, BROEKER & VARKAs, P.L. 20 S.E. 3RD STREET, BOCA RATON, FLORIDA 33432-3 91 I Martin E. O'Boyle v. Town of Gulfstream CASE NO. 502014CA004474XXXXMBAG (PALM BEACH COUNTY) 10. Following the meeting, John Randolph wrote a letter to William Ring informing him that the meeting did not involve settlement discussions and therefore it would not be treated as confidential, Exhibit "I". 11. After the meeting, O'Boyle commenced to have airborne banners flown on a daily basis over Palm Beach County. Some of the banners read: DATE TIME ACTIVITV wr>,ccAt'V 06/05/14 @ 2:00 pm Banner Plane "JONES FOSTER CLIENTS, CHECK YOUR BILLS" 06/06/14 @2:00 pm Banner Plane "JF DON'T DRINK & DRIVE --WE'LL BE WATCHING" 06/10/14 @2:00 pm Banner Plane "HAS JONES FOSTER EMBRACED A BAD APPLET' 06/13/14 @11:10 am Banner Plane "JONES FOSTER — YOUR BILLS MAKE ME PUKE" 06/20/13 @11:00 am Banner Plane "SWEETAPPLES ARE ROTTEN APPLES RIGHT JF" 06/24/14 @10:38 am Banner Plane "SWEET APPLES ARE BEST BOILED IN OIL" 12, On June 6, 2014, O'Boyle had his attorney and business associate, William Ring, Esquire, form a Florida limited liability company called "Sweet Apple Sober Houses, LLC", Exhibit 11211, an obvious reference to a defense counsel's surname. 13. In addition, on June 13, 2014, O'Boyle appeared before a meeting of the Gulf Stream Town Commission and made false and defamatory allegations against Gulf Stream's co -counsel, Robert Sweetapple, stating that a Judge of the First District Court of Appeal had found that "Mr. Sweetapple consistently misrepresented testimony and failed to acknowledge well-established case law, including Supreme Court precedents." (Exhibit 11311) This statement is patently untrue, and was made to undermine the Town's confidence in its attorney. 14. The above threats and conduct have occurred with the knowledge, cooperation and complicity of William Ring, Jonathan O'Boyle and the O'Boyle Law Firm. Specifically, this misconduct is being LAW OFFICES OF SWEETAPPLE, BROEKER & VARKAS, P.L. 20 S.G. 3RD STREET, BOCA RATON, FLORIDA 33432-3911 Martin E. O'Boyle v. Town of Gulfstream CASE NO. 502014CA004474XXXXMBAG (PALM BEACH COUNTY) undertaken to pressure and intimidate defense counsel into not pursuing the issue of whether the O'Boyle Law Firm is a bona fide Interstate Law Firm. 15. The issue of whether the O'Boyle Law Firm is a bona fide Interstate Law Firm is one that should be resolved according to law. It should not be the subject of harassment, intimidation and air raids by opposing counsel and their client. 16. The misconduct is unprofessional, unethical and it constitutes an egregious example of litigation abuse. These tactics go beyond zealous representation and are designed to interfere with defense counsels' ethical obligation to their client. Such conduct undermines society's commitment to the resolution of disputes in courts of law, rather than in the streets or in the sky. IT While citizens enjoy the constitutional right of free speech, that protection is afforded to truthful speech, and while attorneys must zealously represent their client's interests, they are also officers of the court, and are prohibited from disparaging witnesses and attorneys, or otherwise undermining the administration of justice. 18. It is well settled that the trial court has inherent jurisdiction to sanction parties and their counsel for litigation abuse. In this instance, Plaintiff and his counsel have sought to cease any litigation or determination of the bona fides of the O'Boyle Law Firm by threatening and instituting reprisals against counsel, their client and families. 19. While O'Boyle has the right to continue to make a spectacle of himself, he, with the assistance of counsel, cannot impugn, malign and attempt to extort opposing parties or their counsel as part of the litigation process. 20. Abusive conduct is not a novelty for O'Boyle, who has left a historic trail of abusive litigation. 5 LAW OFFICES OF S WEETAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 3" STREET, BOCA RATON, FLORIDA 33432-3911 Martin E. O'Boyle v. Town of Gulfstream CASE NO. 502014CA004474XXXXMBAG (PALM BEACH COUNTY) 21. O'Boyle has abused the legal system in several states by overwhelming local municipal governments and a State Attorney's office with the filing of thousands of public records requests and abusive litigation. 22. The case of Martin E. O'Boyle v. Peter Isen, 2014 WL 340104 (N.J.Super.A.D.), issued by the Superior Court of New Jersey, Appellate Division, on appeal from case no. L-2341-08, is attached hereto as Exhibit 114". The Court noted, From September 2007 through early July 2008, plaintiff and members of his family filed multiple requests pursuant to the Open Public Records Act (OPRA), N.J.S.A. 47:]A-1 to -13. Longport's only clerk worked part-time, and she did not address the requests within the time required by statute. At one point, the clerk went to the emergency room because of the stress she attributed to the flood of OPRA requests. And, in February 2008, the Borough's solicitor notified plaintiff that it would not accept any additional OPRA requests he filed, explaining that the numerous requests were substantially disrupting governmental services. The solicitor claimed that Longport had received 190 requests on October 16 and 17 and thirty filed October 31, 2007. In the Isen case, O'Boyle sued a resident of Longport for claiming O'Boyle was "the enemy of Longport". The suit for defamation was dismissed by summary judgment and affirmed by the appellate court. ' 23. Similarly, when his daughter was being prosecuted for driving under the influence, O'Boyle inundated the Palm Beach County State Attorney's Office both individually and through companies he controls with over 1,300 requests for public records. (attached hereto as Exhibit 11511). 24. In an interview with the Palm Beach Post discussing his dealings with then candidate Dave Aronberg, O'Boyle stated, My view in life is: Take whatever shots you like at me, because I'm a big boy and I can handle them. But don't mess with my kids, my wife or my home. Don't do it. Don't. Because I'll come at you with every resource 1 have. And there's a lot. (attached hereto as Exhibit "6"). LAW OFFICES OF S WEETAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 3PD STREET, BOCA RATON, FLORIDA 33432-3911 Martin E. O'Boyle v. Town of Gulfstream CASE NO. 502014CA004474XXXXMBAG (PALM BEACH COUNTY) 25. In litigation before the United States Court of Appeals for the Sixth Circuit, Mr. O'Boyle received an adverse summaryjudgment ruling on a legal malpractice claim against a law firm, arising out of a representation where O'Boyle defaulted on an $8.9 million mortgage. The Court ordered O'Boyle to pay fees and costs to the defendants, and additionally sanctioned O'Boyle. In so ordering, the Tennessee court noted that: "More than seven years of frivolous litigation, litigation spawned by the zealous temperament of O'Boyle, has placed an extreme burden on the Clerk of this Court over and above the everyday course of business... The Court believes and finds that O'Boyle's conduct is the result of intransigence and stubborn litigiousness on his part, which the Court is not willing to tolerate." See O'Boyle v. Shulman, Rogers, et. al., 436 Fed.Appx. 449, 2011 WL 3510250 (C.A.6 (Tenn.) (attached hereto as Exhibit "711). 26. O'Boyle and his counsel fail to recognize that a Plaintiff and its counsel are subject to the Rules of Court. The fact that the bona fides of his son's alleged interstate law firm are being challenged is not justification for his use of intimidation, threats, extortion or slurs. 27. O'Boyle's counsel must be careful not to advise or condone conduct that interferes with or illegally exploits the legal system. An attorney must control the client or, under certain circumstances, subject himself to a claim of complicity. "[A] lawyer is ... an officer of the legal system, and a public citizen having special responsibility for the quality of justice." Preamble, Chapter 4, Rules Regulating the Florida Bar. An attorney has a duty to refrain from advocacy that undermines or interferes with the functioning of the judicial system. See Malautea v. Suzuki Motor Co., Ltd., 987 F.2d 1536, 1546 (11th Cir. 1993) "An attorney's duty to a client can never outweigh his or her responsibility to see that our system of justice functions smoothly. This concept is as old as common law jurisprudence itself."); see, e.g., rules 4-3.5(c) ("a lawyer shall not engage in conduct intended to disrupt a tribunal"), and 4-8.4(d) (a lawyer shall not "engage in conduct in connection with the practice of law that is prejudicial to the 7 LAW OFFICES OF S WEEP APPLE, BROEAER & VARKAS, P.L. 20 S.E. 3° STREET, BOCA LUTON, FLORIDA 33432-3911 Martin E. O'Boyle v. Town of Gulfstream CASE NO. 502014CA004474XXXXMBAG (PALM BEACH COUNTY) administration of justice, including to knowingly ... disparage ... witnesses ... or other lawyers on any basis...."), Rules Regulating The Florida Bar. When professional judgment does not restrain a lawyer's zealous advocacy, however, the courts must act to assure that aggressive advocacy does not frustrate or disrupt the administration of judicial proceedings. See In Re Terry, 128 U.S. 289, 302, 9 S.Ct. 77, 79, 32 L.Ed. 405 (1888); Sandstrom v. State, 309 So.2d 17 (Fla. 4th DCA 1975), cert. dismissed, 336 So.2d 572 (Fla. 1976); see also Louis S. Raveson, Advocacy and Contempt: Constitutional Limitations on the Judicial Contempt Power, Part One: The Conflict Betveen Advocacy and Contempt, 65 Wash.L.Rev. 477, 539-40 (1990). Carnival Coup v. Beverly, 744 So.2d 489 (Fla. 1" DCA 1999) 28. The O'Boyle Law Firm and William Ring have continued to represent O'Boyle in perpetrating these unethical and abusive activities. That conduct should also be sanctioned. WHEREFORE, Defendant prays this Court enter appropriate sanctions for litigation abuse against Plaintiff, Martin E. O'Boyle, his Counsel of Record, the O'Boyle Law Firm, P.C., Inc., Jonathan O'Boyle, President of the O'Boyle Law Firm, and William Ring, Esquire, including striking Plaintiff's pleadings, entering an order prohibiting Plaintiff from exploiting his right to litigate in a manner that impugns and threatens opposing counsel. Defendant also seeks an award of attorneys' fees and costs for bringing the motion. Respectfully submitted, S WEETAPPLE, BROEKER & VARKAS, PL Co -Counsel for Defendants 20 S.E. 3`d Street Boca Raton, Florida 33432 Telephone: (561)392-1230 E-Mail:pleadings@sweetapplelaw.com By: --- ROBERT A. S WEETAPPLE Florida Bar No. 0296988 LAW OFFICES OF SWEETAPPLE, BROEKER & VARKAs, P.L. 20 S.E. 3P° STREET, BOCA RATON, FLORIDA 33432-3911 Martin E. O'Boyle v. Town of Gulfstream CASE NO. 502014CA004474XXXXMBAG (PALM BEACH COUNTY) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served via the E -Filing Portal this 3"' day of July, 2014 to: Giovani Mesa, Esquire, Nick Taylor, Esquire, The O'Boyle Law Firm, P.C., 1286 West Newport Center Drive, Deerfield Beach, Florida 33442 (Telephone:) -954-574-6885; E-mail: gmesa@oboylelawfirm.com, ntaylor@oboylelawfirm.com); Jonathan O'Boyle, Esquire, President, The O'Boyle Law Firm, P.C., 1286 West Newport Center Drive, Deerfield Beach, Florida 33442 (Telephone:) -954-574-6885; E-mail: joboyle@oboylelawfirm.com); Joanne O'Connor, Esquire, John C. Randolph, Esquire and Ashlee A. Richman, Esquire, Jones, Foster, Johnston & Stubbs, P.A., 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33402-3475 (Telephone:) -561-659-3000; Email: joconnor@jonesfoster.com; jrandolph@jonesfoster.com; arichman@jonesfoster.com); and William Ring, Esquire, Commerce Group, Inc., 1280 West Newport Center Drive, Deerfield Beach, Florida 33224 (Telephone: 1-954-570-3510; Email: wring@commerce-group.com). 01 By: ROBERT A. SWEETAPPLE Florida Bar No. 0296988 9 LAW OFFICES OF SWEETAPPLE, BROECEt & VARKAS, P.L. 20 S.E. 3R0 STREET, BOCA RATON, FLORIDA 33432-3911 JOINT S OSTE a. J011M I(IN &SI 1111115. P.A. June 4, 2014 VIA EMAIL (wringCcDcommerce-nroup.com) AND REGULAR U.S. MAIL William F. Ring, Jr., Esquire 1280 West Newport Center Drive Deerfield Beach, FL 33442 RE: Meeting of June4, 2014 Dear Mr. Ring: John C. Randolph Attorney 561-650-0458 Fax: 561-650-5300 jrandolph@ionesfoster corn Yesterday you requested a meeting between you and your client, Martin E. O'Boyle, and me and my partner, Joanne O'Connor. We represent the Town of Gulf Stream. I inquired as to the subject matter of the meeting, but you would not disclose it in advance. At the outset of this afternoon's meeting, your client requested that our communications be treated as privileged settlement communications regarding pending litigation. We agreed that our communications would be treated as such only to the extent that they were, in fact, communications regarding the settlement of pending litigation. We specifically advised you that the privilege would not apply to any discussions relating to future litigation or threats of future action. Please be advised that because none of today's discussions concerned the potential settlement of any pending litigation between our clients, we do not consider them to be privileged settlement discussions under Florida law. Sincerely, JONES, FOSTER, JOHNSTON & STUBBS, P.A By r ,s.�U-rtiv John C. Randol h JCR:mtm p:Wo=11314nX l05 I1Itr111r/195 docs Simi: 1924 1 %Xlw 1'ahn R och I jupiwr g EXHIBIT d I hLI'l i rnnr Iln, or illi Snmh 19:1clo Uris, 5uin Ilnll vs," I'.dm llca:h I h"id., ;;ill) wwivjonc.crnslcLcnm Detail by Entity Name Detail by Entity Name Florida Limited Liability Company SWEET APPLE SOBER HOUSES, LLC Filing Information Document Number L14000091296 FEI/EIN Number NONE Date Filed 06/06/2014 State FL Status ACTIVE Effective Date 06/06/2014 Principal Address 1280 WEST NEWPORT CENTER DRIVE DEERFIELD BEACH, FL 33442 Mailing Address 1280 WEST NEWPORT CENTER DRIVE DEERFIELD BEACH, FL 33442 Registered Agent Name & Address RING, WILLIAM F, JR. 1280 WEST NEWPORT CENTER DRIVE DEERFIELD BEACH, FL 33442 Authorized Person(s) Detail Name & Address Title MGR O-BOYLE, MARTIN E 1280 WEST NEWPORT CENTER DRIVE DEERFIELD BEACH, FL 33442 Annual Reports No Annual Reports Filed Document Images 06/06/2014 -- Florida Limited Liability I View image In PDF format Page 1 of 2 EXHIBIT http://search.sunbiz.org/Inquiry/CorporatioiiSearch/SearchResultDetaillEntityName/flal-1 l ... 6/11/2014 Excerpt from the meeting of the Town Cannissioz held on 6-13-14 listed on Agenda as Item VII. Cam.,mications A.2. from Residents (5 minutes mavim.m) Martin O'Boyle: Good morning everyone. I have a few things I would like to go over, but first I just want to give an explaination to the Commission and the public. You will notice that I no longer stand for the flag salute, and the reason (don't know what made it do that .... cell phone signal) and the reason for that is ----when I woke up this morning I was an American. When I walked thru those doors, that did it. This is no longer America and here the flag salute means something and in this chamber it means nothing. I just wanted to make that explanation so that if anybody asks they will have the explanation from the horses mouth -um --the Mayor sent a letter out about litigation and boy it sure is expensive--um--I didn't see Mr. Randolph pull up in a Roles Royce so I know he is not getting all the money although his firm as of Feb. to Feb. billed close to X300,000. um --frankly looking at the bills, and we looked at them, makes me puke. To my knowledge, the Town has never won, a case.since Jan. 13th in a hall of justice. And, by the way, I have no issues with Mr. Randolph, I think he is a good attorney, I think 4is price.is sensational and I think he represents this Commission in the best fashion he knows how and one that this Commission should be very pleased with. Thats my opinion. Then, you brought in Mr. Sweetapple whose clearly the fair haired boy. I don't know why a firm like Jones, Foster isn't enough, but I guess the Mayor doesn't have any buddies at Jones, Foster. Thats the only solution I can come to. ah --- Mr. Sweetapple's clearly a hot shot lawyer--um--thaMayor gave the Commission and the residents a build up that was, frankly exciting, $500 an hour, charging us $350 an hour and he had experience in public records law. Well, there has been another law suite filed against the Town and the law suite that was filed against the Town was based upon Mr. Swe- etapple's noncompliance with the State Statute Chapter 119 for public records. He redacted portions of his bill and anyone who knows anything about -public records knows if you are going to redact, you have to tell under which exception, if thats the right word, under which exception you are redacting. Mr. Ganger could say I am redacting my Social Security number in accordance with this section. That would be proper. Mr. Thrasher has done redaction the same way. Here he didn't, here you got a law suite. Also on his bill he talks about the Sunshine Law, well there's a document called the Sunshine Manual which teaches you how to navigate through the records act. So, where this guy came from, I guess it will always be a secret to me. We--ugh--one of my lawyers was in the court house and learned a little bit about Mr. Sweetkpple. He had a case in the let Dist. Court of Appeals before Judge Benton, the Judge found that Mr. Sweetapple consistently misrepresented testimony and failed to acknowledge well established case law including Supreme Court precedence. There was another case in Palm Beach County Circuit Court, the Judge Elizabeth Moss says that Mr. Sweetapple'.s filing was a slander Mayor Nbrgan: I've got 5 minutes Mr. O'Boyle. O'Boyle: Yes, you do don't you. You want to let me --- Mayor: That'concludes your public comment. EXHIBIT O'Boyle: Pardon 3 Mayor: That concludes your public comment. O'Boyle: Well, I know. Do you want to let me finish is my question. Mayor: No, I don't. O'Boyle: I can understand why Mayor. Mayor: You have 5 minutes. Make your point in 5 minutes. Thank you ._.. _.. _..-L "" _...... -- 4- moi.- I.U14- 11--_4_.. Westlaw Not Reported in A.3d, 2014 WL 340104 (N.J.Super.A.D.) (Cite as: 2014 WL 340104 (N.J.Super.A.D.)) Only the Westlaw, citation is currently available. UNPUBLISHED OPINION. CHECK COURT RULES BEFORE CITING. Superior Court of New Jersey, Appellate Division. Martin E. O'BOYLE, Plaintiff—Appellant, V. Peter ISEN, Defendant—Respondent. Argued Dec. 11, 2013. Decided Jan. 31, 2014. On appeal from Superior Court of New Jersey, Law Division, Atlantic County, Docket No. L-2341-08. Jonathan R. O'Boyle, of the Pennsylvania bar, ad- mitted pro bac vice, argued the cause for appellant (Jacobs & Barbone, P.A. and Mr. O'Boyle, attorneys; Lucille A. Bongiovanni, on the brief). David W. Sufrin argued the cause for respondent (Zucker Steinberg Sonstein & Wixted, P.A., attorneys; Mr. Sufrin, on the brief). Before Judges GRALL, WAUGH and ACCURSO. PER CURIAM. *1 Plaintiff Martin E. O'Boyle appeals from a grant of summary judgment in favor of defendant Peter Isen on a complaint alleging defamation.F1't For the reasons that follow, we affirm. FNI. We do not detail the complicated pro- cedural history of this case in the trial court because it is not material to the issue raised on appeal. It suffices to note, this complaint was consolidated with others for a time and several of plaintiffs claims were dismissed. Page 1 This claim of defamation by defendant was ultimately severed, and the grant of summary judgment is the only matter before us. Plaintiff and defendant are both residents of the Borough of Longport, and plaintiffs cause of action rests on a single statement made by defendant. The events preceding defendant's statement provide con- text. In 2006, Bruce Funk, the assistant chief of Longport's fire department and an employee of its building department, responded to a call received by the fire department about plaintiffs property. While there, Funk observed alterations of the ground level of the premises that, in his view, violated the Borough's building code. That December, plaintiff was issued a notice charging him with violations of the zoning ordinance. Defendant was a member of Longport s planning and zoning boards between January 2007 and January 2010. He was a long-time and year-round resident of Longport, and for about four years he was plaintiffs neighbor. Although plaintiff resided in both Longport and in Florida, he and defendant had both worked on the mayoral campaign for the candidate who was the mayor during the relevant time period. FN2. Defendant issued a public statement on January 12, 2010, advising that he was re- signing from the boards. In that notice he indicates that he held the position for the past three years. In August 2007, Funk pursued the zoning viola- tion charges he had levied against plaintiff. Funk notified the federal and state offices of emergency management, and he made an inquiry to the Depart- ment of Homeland Security about canceling plaintiffs flood insurance because of the zoning violations. In Funk's estimation, violation of floodplain regulations ® 2014 Thomson Reuters. No Claim to Orig. US Gov. Works. =EXHIBIT Not Reported in A.3d, 2014 WL 340104 (N.J.Super.A.D.) (Cite as: 2014 WL 340104 (N.J.Super.A.D.)) would increase flood insurance premiums for the community of Longport. From September 2007 through early July 2008, plaintiff and members of his family filed multiple requests pursuant to the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to —13. Longport's only clerk worked part-time, and she did not address the requests within the time required by statute. At one point, the clerk went to the emergency room because of the stress she attributed to the flood of OPRA re- quests. And, in February 2008, the Borough's solicitor notified plaintiff that it would not accept any addi- tional OPRA requests he filed, explaining that the numerous requests were substantially disrupting gov- ernmental services. The solicitor claimed that Long - port had received 190 requests on October 16 and 17 and thirty filed on October 31, 2007. In April 2008, plaintiff filed a civil complaint to compel Longport's compliance with OPRA. And in June. Longport retained NFC Global, an investigative firm, to uncover any prior difficulties plaintiff may have had with federal and state agencies. The firm completed its report later that month. On July 2, 2008, the Press of Atlantic City reported on the numerous OPRA requests. There is no dispute that Longport incurred significant legal fees in defending against plaintiffs suit. Plaintiffs OPRA suit was pending when de- fendant made the allegedly defamatory statement on July 5, 2008. That day, plaintiff was walking and conversing with Leonard Sylk and Fred Kremer, both residents of Longport, near an entrance to the beach by defendant's home. According to plaintiff, defendant said, "what are you guys doing with him, he's the enemy of Longport" Plaintiff further asserts that defendant made the same comment to William Simon, when Simon stopped his car to talk to the men. Ac- cording to Simon, defendant, referring to plaintiff, said "he is the enemy of the people of Long- port[,][s]tay away from him." Page 2 *2 Those present had different views of defend- ant's comment. Defendant said he was joking, and Sylk thought the same. According to Sylk's testimony, defendant was "sort of laughing" and "sounded like he was joking" when he and Kremer were asked "why [they were] consorting with the enemy." Sylk also noted that plaintiff laughed. In contrast, Simon thought defendant was angry and serious. While insisting that he made the remark about plaintiff being the enemy in jest, defendant admitted that he believed plaintiff was fairly characterized as the enemy of the residents of Longport. He based that opinion on plaintiffs conduct, which in his view, led to Longport's unnecessary expenditures for legal fees. In plaintiffs opinion, defendant made the remark intending to have the residents of Longport ostracize and isolate him and succeeded. He based that opinion on subsequent municipal actions singling him and his friends out for unfavorable treatment and affording defendant favorable treatment. In plaintiffs view, defendant's comment was the cause of his ill-treatment. Plaintiff gave several examples. Days after de- fendant made the comment, Longpores mayor called the County Health Department, which subsequently directed plaintiff to remove portable toilets from his property on the beach. In August, plaintiff filed a complaint against another resident for threatening his life, which the police did not investigate. Moreover, a friend ofplaintiffs asserted that in May 2009, a police officer, who had detained him for forty minutes without proper cause, admitted that he had been di- rected to give him a hard time because of his friend- ship with plaintiff, who was an enemy of the people. Plaintiff also had evidence of defendant's favorable treatment. Another police officer admitted that he had not issued defendant a ticket when he saw him violate the law prohibiting use of a cell phone while driving. ® 2014 Thomson Reuters. No Claim to Orig. US Gov. Works. Not Reported in A.3d, 2014 WL 340104 (N.1.Super.A.D.) (Cite as: 2014 WL 340104 (N.J.Super.A.D.)) Plaintiff filed this lawsuit alleging defamation on July 15, 2008, while his OPRA complaint was still pending. One month later, the Law Division ruled on one issue in the OPRA action. The court directed Longport to accept future OPRA requests from plain- tiff. In that decision, the court did not address the merits of plaintiffs claim that Longport's disposition of the OPRA requests it had accepted violated the law, and the record does not include the final order in that action. The zoning violations were resolved in plaintiffs favor later in August 2008. Longport and plaintiff reached an agreement under which the municipality dismissed the charges based on plaintiffs alleged non-compliance. Summary judgment in favor of defendant on plaintiffs defamation claim was not entered until September 23, 2011. Judge Higbee determined that defendant's statement describing plaintiff as "the enemy of Longport" cannot, as a matter of law, sup- port a finding of defamation, because the asserted description is an opinion, not a fact. *3 In reviewing a grant of summary judgment in favor of defendant, this court applies the same stand- ard as the trial court. The question is whether de- fendant is entitled to judgment as a matter of law, because a jury giving the plaintiff the benefit of all favorable evidence and inferences could not return a verdict for plaintiff. Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, 540 (1995). Applying that stand- ard, we agree with and affirm Judge Higbee's deter- mination. Plaintiff contends that the judge erred in con- cluding that defendant's comment was incapable of having a defamatory meaning. That is a question of law for the courts, DeAngelis v. Hill, 180 N.J. 1, 14 (2004), which we must review de novo. Toll Bros., Page 3 Inc. v. Twp. of W. Windsor, 173 N.J. 502, 549 (2002). Judge Higbee, in our view, correctly resolved this question. Liability for defamation is imposed based upon publication of a false statement that injures the repu- tation of another. Salzano v. N. Jersey Media Grp., Inc., 201 N.J. 500, 512 (2010), cert. denied, —U.S. —, 131 S.Ct. 1045, 178 L Ed2d 864 (2011). The tort recognizes that people should be free to enjoy their reputations without suffering false and defama- tory attacks. Turf Lawnmower Repair, Inc. v. Bergen Record Corp., 139 N.J. 392,409 (1995), cert. denied, 516 U.S. 1066, 116 S.Ct. 752, 133 L Ed2d 700 (1996). Thus, to establish defamation, a plaintiff must show that he or she suffered damages as a result of a statement of fact made by the defendant concerning the plaintiff, which was false and which was commu- nicated to a person other than the plaintiff. Singer v. Beach Trading Co., Inc., 379 N.J.Super. 63, 80 (App.Div.2005). A statement is not defamatory unless it is false. W.J.A. v. DA., 210 N.J. 229, 238 (2012). In determining whether a statement is capable of defamatory meaning, courts consider three factors: the content, the verifiability and the context of the chal- lenged statement. DeAngelis, supra, 180 N.J. at 14. To analyze the content of the statement, courts consider the fair and natural meaning that the words would be given by persons of reasonable intelligence. Ibid, Although "epithets, insults, name-calling, profanity and hyperbole" may be offensive, they are not ac. tionable as defamatory. Ibid Thus, courts must dis- tinguish defamation from offensive `obscenities, vulgarities ... and other verbal abuse." Ibid. Plaintiff relies on Milkovich v. Lorain Journal Co., 497 U.S. 1, 19, 110 S.Ct. 2695, 2706, 111 L. Ed2d 1, 18 (1990), a case involving an expression of the writer's opinion that a coach committed perjury. 0 2014 Thomson Reuters. No Claim to Orig. US Gov. Works. Not Reported in A.3d, 2014 WL 340104 (N.J.Super.A.D.) (Cite as: 2014 WL 340104 (N.J.Super.A.D.)) Recognizing that opinions cannot be "false," the Court stressed that there is no "wholesale defamation ex- emption" for any statement that might be labeled an opinion. Id at 18, 110 S.Ct. at 2705, 111 L. Ed2d at 17. The Court explained that if a reasonable fact -finder could conclude that the speaker implied plaintiff committed perjury, then the implied assertion of fact would amount to defamation, if proven false. Id. at 20, 110 S.Ct, at 2706-07, 111 L. Ed2d at 19. *4 The Court's opinion in M1lkovich points out the difference between the statement at issue in that case and this one. The Court stated: "unlike a subjective assertion[,] the averred defamatory language [here] is an articulation of an objectively verifiable event," i.e., whether the plaintiff had actually committed perjury. Id at 22, 110 S.Ct. at 2707, 111 L. Ed2d at 20. But in this case, defendant's characterization of plaintiff as the town's enemy, while arguably insulting, does not imply any particular conduct or event that could be verified as true or false. For example, defendant did not refer to the zoning violation or the number of OPRA requests. He simply indicated that plaintiff was an "enemy" of Longport. It is well-settled that a statement is not actionable when it has an imprecise meaning. Buckley v. Littell, 539 F.2d 882, 893 (2d Cir.1976) (holding that the terms "fascist," "fellow traveler" and "radical right" were too imprecise, loose and insusceptible of proof to be considered defamatory). When the meaning of an insulting assertion—here the enemy of Longport—is not settled, its truth or falsity cannot be proven. On similar reasoning, this court has held that a statement that could be understood to describe another as one who is not "a decent resident" cannot support a def. amation claim because it does not state or imply something amounting to slander per se, such as criminality. Taurus v. Borough of Pine Hill, 381 N.J.Super. 412,427-28 (App.Div.2005), aJfd in part, rev'd in part on other grounds, 189 N.J. 497 (2007); see also Romaine v. Kallinger, 109 N.J. 282, 291 (1988) (discussing slander per se). Page 4 Like a statement implying that one is not "de- cent," a statement that one is an "enemy" of a mu- nicipality does not imply any verifiable fact. Relying on the various contexts in which the phrase public enemy has been used over time, plaintiff argues that defendant's statement could be understood as calling him a traitor, an outlaw, a criminal or a pirate. That may be, but it could just as easily be understood to describe a person who disapproves of the town's leaders, the way they do business or their goals. We reject plaintiffs attempt to equate this state- ment of uncertain meaning to a "false attribution of criminality," which is deemed slanderous as a matter of law. Romaine, supra, 109 N.J. at 291. As previously noted, statements alleged to be defamatory or slan- derous must be assigned the " `fair and natural meaning' " that would be assigned by "reasonable persons of ordinary intelligence.'" Id. at 290 (quoting Herrmann V. Newark Morning Ledger Co., 48 N.J.Super. 420,431 (App.Div.), affd on rehearing, 49 N.J.Super. 551 (App.Div.1958)). So viewed, defend- ant's labeling of plaintiff as an enemy of Longport or its people could not be understood as anything other than name calling. Because defendant's statement did not imply any verifiable conduct or event and simply voiced his opinion, it cannot be proven false. Even if every res- ident of Longport other than defendant deemed plain- tiff to be a friend of the municipality, it would not make defendant's opinion false, because he did not imply that his view was universally held or was based on a verifiable event. *5 Our resolution of the case an the ground that this statement is not, as a matter of law, defamatory makes it unnecessary to consider the arguments ad- dressing plaintiffs status as a public figure. Affirmed. 2014 Thomson Reuters. No Claim to Orig. US Gov. Works. Not Reported in A.3d, 2014 WL 340104 (N.I.Super.A.D.) (Cite as: 2014 WL 340104 (N.J.Super.A.D.)) N.J.Super.A.D,2014. O'Boyle v. Isen Not Reported in A.3d, 2014 WL 340104 (N.J.Super.A.D.) END OF DOCUMENT 2014 Thomson Reuters. No Claim to Orig. US Gov. Works. Page 5 Millionaire deluges state attorney with public records requests after daughter's DUI convi... Page 1 of 1 Government Law Millionaire deluges state attorney with public records requests after daughter's DUI conviction Posted Mar 26, 2013 3:10 PM CDT By Martha Neil Corrected: At one time, Martin E. "Marty" O'Boyle was a political ally of Florida state attorney Dave Aronberg, helping him position himself to get elected. But after Aronberg refused to take a position concerning the 2011 misdemeanor driving -under -the -influence conviction o O'Boyle's daughter, Sara, the two parted ways. They still have regular dealings, however, due to the deluge of public records requests regularly submitted by O'Boyle, whose daughter has performed community service and paid a fine but is also appealing her conviction, reports the Palm Beach Post. Florida has one of the broadest public records laws in the country, allowing citizens to access material such as emails and texts. And Marty O'Boyle, determined to help his daughter reverse her conviction, is seeking to take full advantage c it, according to the newspaper. In a single month, a company he controls submitted 1,328 requests for public records to Aronberg and the office for the prosecutor overseeing Sara O'Boyle's case, after Aronberg recused his own office from doing so. The problem is, the public records requests submitted by O'Boyle's company—which, altogether, are among the most massive in state history—require review and redaction of records before they can be turned over, the newspaper explain! "I have been, and am, a supporter of the public records law," said State Attorney Bruce Colton of the 19th Judicial Circui whose office is now overseeing Sara O'Boyle's case. "But I think the law can be abused. When you look at the number c requests ... these requests could amount to an abuse of the public records law." Related coverage: Palm Beach Posl (July 2012): "Dave Aronberg, millionaire ally behind stealth attacks in state attorney's race" Updated on March 27 to correct Aronberg's job title. Copyright 2014 American Bar Association. All rights reserved. EXHIBIT http://www.abajoumal.com/news/article/millionaire deluged—state—attomeys—with_1328 Follow us an Thursday, July 3, 2014 112:23 p.m. Subscribe I Todays paper I Customer care Sign In I Register I Pr Breaking news starts here Posted 10.13 a.m. Sunday, July22,2012 Dave Aronberg, millionaire ally behind stealth attacks in state attorney's race SYltF IF ytiti flog; klkfY kC4dtlFFt I Related By Joel Engelhardt and Adam Playford Palm Beach Poet Staff Writers EXHIBIT Waving handmade signs and grasping yellow balloons, a small group marched last fall outside Stale Attomey Mahael McAuliffe's offica, angrilycalling for him to resign. McAuliffe had Just negotiated a plea deal that meant Paul Michael Merhfge, who killed lour relatives on Thanksgiving Day2009, would escape the death penalty. But most of the protesters weren't there out of outrage. Theywere Mem because Theywere getting paid. Theywere getting paid because the man who wanted McA liffe's fob, Dave Arenberg, wanted a protest, but didn't want his name linked to IL Since he could not deliver enough protesters himself, he asked a newfound ally, Gulf Stream millionaire Marty O'Boyle, to help. An O'Boyle assistant lined up a partyplanner. And that's how a protest trumpeted on the nightlynews as an outpouring ofmmmunity anger actuallystarred a half-dozen actors more accustomed to playing princesses. Gowns and dinosaurs. Thatwas onlythe start. Over four months, Aronberg and O'Boyle teamed up for a campaign ofatacks against McAuliffe, cautiously s klrting Florida laws designed to assure transparencyin elections, according to Interviews and documents obtained byThe Palm Beach Post. Theyworked in strict secrecy. Arenberg —now the front-runner for state attorney— had not yet declared himself a candidate, so he took help from O'80yle without disclosing to the public what otherwise would haus amounted to donations. For O'Boyle, it was Just one act in his relentless quest to wipe a DUI conviction off his daughter's record. For Aronberg, it was an opportunity to take advantage of a millionaire's displeasure to undermine a rival. Theymoved assertively, running advertisements, paying protesters and digging up dirt. A stake: one of Palm Beach Countys most Important elected jobs. The state attorney has enormous discmfion In deciding which criminal mass to pursue. Including political corruption. Aronberg, then a statewide prosecutor, guided O'Boyle's efforts, occaslonallyon to payer time. He emailed Instructions to O'Boyle's assistant from his BlackBerry during work hours, a potential violation of state rules. Once, he accepted a round-trip ride to Tallahassee on O'Boyie's private plane. Throughout, Aronberg toyed with running. In one rare instance, an smell reveals Aronberg's Intent. Just a1xdays before he announced, he urged an O'Boyle employee to payfor Facebook ads, saying,'I think theyneed to run before I become a candidate.' Aranbeg's collaboration with O'Boyle tapered off akar Jan. 17, when McAuliffe —Influenced in part, he said, bythe nastycampaign swirling around him —announced he would not seek re-election. Aronberg declared his candidacythme days later and within six months had raised 5471,000, none of It from O'Boyle. But In enlisting O'Boyle. Arenberg miscalculated. After months together. O'Boyle fumed on him, releasing to The Post hundreds of smalls —including about 100 written by Arenberg—documenting their contacts In the time before Arenberg announced. Ultimately, O'Boyle would Wm on The Post as well. After a reporter told O'Boyle the newspaper was checking whetter one of his exchanges with Aanberg could be viewed as an attempted bribe, he told the paper that he was 'revisiting'tha Information he had provided -to confirm Its validity and that the paper was not authorized to use the Information or to attach his name to IL F)teris later told the paper that O'Bayle's actions likely did not meet the legal definition of attempted bribery. Aronberg, a Democrat refused repeated requests for an Intenlew to discuss his actions, addressing through his campaign manager only four of more than 60 questions asked In writing by The POOL Sent hundreds of pages of his own am ails and asked to verity them. Amnberg didn't respond. Ina one -paragraph statement, he blamed O'SoyAe's rewlatiana on one of his opponents: no-portycandldate Robert Gemhman, a criminal defense attorney who represents O'Boyle's daughter. -This Is a dishonest political attack cooked up bymyopponent Mr. Gershman—full &misrepresentations and gross ehaggeraflons, Aonberg sald.'As special prosecutor, i haw always acted according to the letter and spinl of the laws of the state of Florida and the policies of the Office of the Ahomey Genoml. I'm proud of myrecord of prawn ethical leadership as an assistant adomeygenaml, special prosecutor and state senator.' The never -before -told storyof what happened when Dow Aronberg met Marty O'Bayle, and whythey broke apart offers a rare window Into how power and money intersect to shape politics —and lives —In Palm Beach County. ;on view In life ls: Take hvhatewrshots ullke of me because line bigbo end l can handle them. Butdonl mess with myklds, my WOOWOOormyhome. Dont dolt cause if/romeatyau aim Ovary resource l have. And themsalou —NMyo's,N h.Aw Ml_ it was March 2011 and In downtown West Palm Beach, a spectacle filled the sky. Dayafter day, a plane circled the courthouse, trailing banners:'Bewam thug prosecutorm"Prosecutodat perjuryis gsanny."Dump McAuliffe for prosecutor, vote for Elmer Fudd,' The planes were a remarkable reaction to a common event In 20081n DelmySeech, a police officer saw a woman dnving 5 mph an a residential atreat at 323 am., with half her car on the grass. The 19 -year-old told him she had had two cocktails and a beer. She failed a breath test and was charged with misdemeanor OUl. In Palm Beach County, prosecutors file an average of nine DUI cases awry day. But that woman was Marty O'Boyle's daughter, and Marty O'Boyle Is an unusual man. The son of a seamstress and a cabby, O'Boyle said he grew up Ina tiny rowhouse In Woodland, NJ. At 17, he said, he dropped out of high school. By 18, he was marded and had areal estate license. By24, he had four kids and his first million. That million grew Into many more. Starling in the 1970s, he built hundreds of stores, Including construction fort he growing Color Tile and Peade Maion chains. Now he Is 60 and says his businesses —run from a 14 -person office In Deerfield Beach—Include shopping centers and stores In about 25 states, including Florida. Ina fight over business Interests, O'Boyle rarely backs down. Ina fight for his family, mralytums Into never. The traffic court use spawned a thick wlume full of motions and countenno8ons, with Gershman arguing the case was tainted bypolice mistakes and faulty bresih-test equipment It led to a three-dayjury trial. Sam O'Boyle was found guilty In March 2011. She was sentenced to 75 hours of ummunityserNu, a six-month loss of her driver license and a $500 fine. Mer the trial, MarlyO'Boyle called the stale attorneys office and asked to speak to McAuliffe about the case. O'Boyle said he told the woman who answered the phone: "I want to see If I could just spend a few moments with him and see It there's anything that could be worked out.' O'Boyle wanted McAuliffe to drop the DUI charge, awn after she served the sentence, to dear her permanent record, he said. j O'Boyle was told that McAuliffe wasn't available. McAuliffe told The Post he didn't know of O'Boyle's request unfit after the banners began to fly. The legal Issues in the case didn't rise to his level, McAuliffe said. But the rejection angered O'Boyle.') just said to myself,'The guywon't give me the courlesyof 15 minutes of his life?" O'Soyle recoiled. "Well, let me show him what kind of courtesies I can give him." O'Boyle had brawled with authoritybefore. In 2006, a permitting dispute threatened his Longport, NJ., waterfront home. O'Boyle struck back with lawsuits. Planes trailing banners — one called the mayor a'puppet'—flow over Longport's beach for months. 'Uniortunaletywhen you're dealing with a body politic, theyhave a lot of resources; O'Boyle said.'Somegmes you haw to enter the area of unconventional warfare." Almost five years later In West Palm Beach, government once again stood In O'Boyle's way. He started a Twitter account under the name '8annerMan' and began flying planes. it didn't help with McAuliffe. But the stunt drew attention. South county political operative WHO Horenburger, who sat on a chanty board with O'Boyle's wife, gave him a call. She asked: Would he like to meet Dow Aronberg? O'Boyle mplled:'Who's Dow Aronberg?" 'Dow —do you want me to take you—plenty o/mom and no problem? Wefl gat you there by bpm orso. It a111 be easy and you Wil be fresh. Advise' —a ia9q Y Vff ,s YenWaaw le TY .M o'6ayWp ,.Y * Dow Amnberg, too, faced an obstacle in Michael McAuliffe. In 2002, Aronberg entered politics as a 31 -year-old rising star—a charismatic, Harvard -educated slate senator. But he left mid -tern to run for attomsygeneml In 2010 and lost in the Democratic primary. He found work quickly. Pam Bondi, the Republican who uldmalelywon the attorney general's job, made a spot for him as a $92,000a -year special prosecutor investigating pill mills. But Arenberg was eyeing another elected job: McAulite's. Again, he faced a Democratic primary he might notwin. Two, MaWllte had angered some influential Democrats by prosecuting Democratic CountyCommiss loner Jeff Koons on corruption charges theythaught were weak. Local attorneys, both In the criminal defense bar and within his own office, chafed at his style and decisions. Arenberg seemed a logical choice to oppose him: Popular with Democratic voters, he had long-standing politul connections and could be a ravenous fundralser. But many prominent Democrats remained pledged to the Incumbent McAuliffe. Some urged Aronberg not to run, hoping to awld a divisive primary. He was warned that'Itwould be the end of my political career; Arenberg said in a May TV appearance. O'Boyle, though, had plenty of money—and, with the banners, had shown a willingness to spend it tormenting McAuliffe. Arenberg reached out to Gershm an, O'Boyle's daughter's attorney and now Arenberg's oval for state attorney. Back then, Gem hman had no plan to run. but Its corned to him that Arenberg did. "His pitch was he wanted Onanclal support far his run and he viewed Many in that fashion," Gem hman said. Gem human told O'Boyle he had talked to Arenberg. The political courtship between Arenberg and O'Boyle began in late July overlunch at The Once, a Delray Beach hot spot. They started exchanging smalls. Aron berg peppered O'Boyle with links to stories about McAuliffe. O'Boyle gave Arenberg a cryptic heads -up to 'enjoy your lunch' al "Banner's Coffea Shop around the Court House ; Two days later, as promised, a plane flew the banner. "Sm Ile If you think MikeyMcAuliffe is a putt' Arenberg asked O'Boyle to take a trip with him to Tallahassee. On Oct. 3, theydrove to Fort Lauderdale, loaded Into O'Boyies single-engine Cessna and flew north. The next morning, they mel with apolitical consuItanL O'Boyle said that with Arenberg out of the room, consultant Screven Watson talked to him about paying $180,000 for four- page mailers targeting Palm Beach County Democrats. O'Boyle wasn't buying, Watson said he was sldng up O'Boyle at Arenberg's request We ison's conclusion: The guy had money but never would be a reliable mntribulor. His real Interest lay in messing with McAuliffe. While theywere there, Arenberg look O'Boyle around the Capitol. They lunched, O'Boyle said, at Andrew's Capital Grill — home of the'Aronberg-er Spicy Veggie Burger," named during Arenberg's Senate days. Theyreviewed polling results with a police union lobbyist that showed Arenberg leading McAuliffe In a hypethedml matchup. Theydiscussed whether Aranberg should declare his candidacy. Theyvisited the state Commission on Ethics to pick up a complaint against McAuliffe. Arenberg pressed the commission directorto explain whythe complaint had been dropped, O'Boyle said, On the flight back, O'Boyle said, Arenberg continuously returned to a point he had made on the way up.'It's just so wrong what theydid to your daughter,' O'Boyle recalled Arenberg saying. "I just can't believe theywouid do such a thing." Protesters assembled outside the Palm Beach County state atiomey's office Thursday morning In opposition to a plea deal that sent Thanksgiving massacre killer Paul Michael l lerhige to prison for life, More than a dozen people stood outside state attorney Michael M cAuIIHa's office holding signs...' —cover-ahv,nAU W N Awn an tie.. ra A few weeks later, a news story caught Arenberg's eye. At the end of October, McAuliffe agreed to a plea deal with Math Igo. In 2009, Mathige had killed our relatives —Including 6 -year-old Makayla Bitten — over Thanksgiving dinner in Jupiter. The plea would put Merhige away for life and bring closure to one of Palm Beach Countys most horrific cdm as. But Jim Sidon, Mekey s's father, dales ted the deal and begged the judge not to take it. He wanted a Vial and then the deeth penalty. Arenberg saw an opportunity. After they first met O'Boyle assigned one of his assistants to work with Arenberg. Trained as a paralegal, the assistant, Denise DeMor6ni, was one of O'Boy1e's best. "She'll move a mountain with one hand; O'Boyle said, Arenberg asked DeMartinl to organim a protest of the deal outside the slate atemeys once. DBMar1Inl began moving mountains. She and O'Boyle consulted lawyers to find oulwhere protesters could stand. She directed another O'Boyle employee to make fliers and to order bright yellow balloons imprinted with"DUMP MCAULIFFE.' Theydrew up signs. Arenberg proposed several slogans, DeMardnl wrote in an email, including:'Nic uliffe coddles killers; "Resign, McAuliffe, Resign; "Democrats Against McAuliffe' and —mom sWkingly—'Justice for Maksyla; The proleslwas almost ready. Onlyone thing was missing: protesters. Initially. Arenberg told DeMardnl he would find them. But he came up empty. "He was of the mind,'We gotta gel it done, we gotta do It You guys got contacts — you guys can gel it done." O'Boye recalled. DsMarfinl got it done. She called Kids Falrlyand, a Coconut Creek companythat throws children's parties. Aconbact called or"10 people to participate in Rally Protest" The cost $1A00 orfour hours. Afew protesters left early, so O'Boyle got a $500 discount On Nov. 10, a vdeogrepher hired by0'Boyte captured the scene. More than a dozen protesters walked in a loop in frontof the state attorneys office. Almost all were either O'Boyle employees or paid actors. O'SoNe himself wore a cap that said Drexel — his daughter's school—and a sandwich board:'McAuliffe Accept This Plea Resign" Almost immediately, Arenberg asked for a second protest— this time outside M cAullRe's campaign kickoff party at E.R. Bradleys Saloon on the Flagler Drive waterironl. The first one was so much work and money. O'Boyle wasn't eager to do It again. But Arenberg pushed, O'Boyle said. On Nov. 16 i1 happened, with six actors for $600. As theyprepared, O'Boyle emailed a worker who had put Arenberg's name in an emalk "Aroneerg's name is not to be mentioned' And In both cases, Arenberg was nowhere to be seen. But Arenberg's presence was fell. He draw by the first protest several times, sending gleeful lend mess ages to O'Boyle and DeMardnl, theysaid. And his hand was evident. They used several of his slogans, including "Democrats Against MaMllffe" and "Resign, McAuliffe, Resign." OBoyfe!'Dave — being the amafeurthat I am, I do not see a malehal d/lferance In the ads. So 1 can nolgim you intelligent Input' Arenberg: 'Fair enough.... ill send u the one I prefer In a separate email.... Happy Thanksgivingl' x e . . n . , , . r m , n s . , a r w . w , s n m r t e w w " a t W r r e r v n w r n . Y . Y e , . m u m n E v e n a s t h e y p r e p a r e d t h e p r o t e s t s , A r o n b e r g w a n t e d O ' B o y l e t o p a y f o r a m o r e t r a d i t i o n a l a t t a c k . O n e t h e m e A r o n b e r g t h o u g h t w o u l d r e s o n a t e : c o n v i c t i o n r a t e s . S t a t e s t a t i s t i c s s h o w e d M u y u l i f f e ' s o n c e h a d t h e l o w e s t m i s s i n F l o r i d a . M e r W . A u l i g e r e s i g n e d , t h o s e r a t e s w o u l d b e d e e m e d s t a t i s t i c a l a b e r r a t i o n s b y h i s r e p l a c e m e n t P e t e r A n f o n a c c l . M o n t h s e a r l i e r , h o w e v e r , t h e I s s u e l o o k e d l i k e c a m p a i g n g o l d . A r o n b e r g a s k e d O ' B o y l e a n d D B M a r t i n l t o p l a c e a n a d i n t h e J e w i s h J o u r n a l . T h e w e e k l y n e w s p a p e r t a r g e t s a c r u c i a l P a l m B e a c h C o u n t y v o t i n g b l o c a n d o n e t h a t ' s p e r s o n a l t o b o t h A r o n b e r g a n d M C A u l d r e , w h o a r e J e w i s h . A r o n b e r g p r o v i d e d t h e a d a n d e m a i l e d D a M a r g n l c o n t a c t I n f o r m a t i o n f o r a J e w i s h J o u r n a l a d e t m c u t i v e . I t r a n D e c . 1 4 a n d c o s t O ' B o y l e $ 3 , 4 0 0 . I n b o l d l e t t e r s , I t p r o c l a i m e d ; ' M c h a a l M c A u l i f f e I s F l o r i d a ' s L o w e s t R a n k e d S t a t e A t t o r n e y . ' M i m p o s i n g c h a r t c o m p a r e d P a l m B e a c h C o u n t y s c o n v i c t i o n r a t e s w i t h t o p - r a n k e d P i n e l l a s C o u n t y a n d t h e m u c h h i g h e r s t a t e a v e r a g e . A c r o s s t h e b o t t o m , i t s a i d , ' W e n e e d a n e w s t a t e a n o m e r B e l o w e v e n t h a t w a s a I n y l i n e o f t a x t ' P e l d f o r b y F a m l i i e s f o r J u s t l o e L L C ; T h e c o m p a n y h a d b e e n i n c o r p o r a t e d t w o w e e k s b e f o r e t h e a d r a n . h e r e g i s t e r e d a g e n t w a s a w i l l i n g O ' B o y l e e m p l o y e e . i t s n a m e w a s p i c k e d b y A m n b e r g , a f o r t h e e m p l o y e e r e j e c t e d h i s f i r s t c h o l c o , ' D e m o c m t s A g a i n s t M c m l l f f a ' O n e o f A r o n b e r g ' s f r i e n d s g a v e t h e e m p l o y e e a s c r i p t t o r e a d I n u s e r e p o r t e r s c a l l e d t o a s k w h y s h e h a d f o u n d e d t h e g r o u p : ' A s a m o t h e r o l e c h i l d i n P a l m B e a c h C o u n t y , I w a s s o d i s t u r b e d b y t h e s t a l e a h o r n e y ' s r e c e n t a c t i o n s t h a t I s t a r t e d t h i s g r o u p t o I n f o r m t h e c o m m u n i l y t h a l M c h a e l f , Y A u l i f f e h a s p u l a l l o f o u r s a f e t y a t r i s k . T h e a l a r m i n g f a c t s s p e a k f o r t h e m s e l v e s ' N o o n e c a l l e d . T h e a d w a s l e g a l , s e v e r a l l a w y e r s s a i d i n i n t e r v i e w s , b e c a u s e i t d i d n ' t s p e c i f i c a l l y u r g e a v o t e f o r o r a g a i n s t M c A u l i f f e . I f i t h a d , F a m i l i e s f a r J u s t i c e w o u l d h a v e b e e n f o r c e d t o r e g i s t e r a s a p o l i t i c a l o r g a n i a t i o n . I n s i d e b b A u l i f f e ' s c a m p , t h e a t t a c k s w e r e I n f u r i a t i n g . ' M c h a e l w a s l i k e , ' W e n e e d t o r e s p o n d t o t h l s ; " s a i d M c A a l l f f e ' s c a m p a i g n m a n a g e r , R i c k A s n a n l . ' 1 w a s I i k e . ' R e s p o n d t o w h o ? W e d o n ' t h a v e a t a r g e t t o s h o o t a l l " I n t e r n a l l y , t h e y s u s p e c t e d A r o n b e r g . P o l l s h a d s u r f a c e d , s h o w i n g A r o n b e r g a s a v i a b l e c a n d i d a t e . D o n o r s t o l d A s n a n f t h a t M o n b e r g h a d c o n t a c t e d t h e m , u r g i n g t h e m n o t t o c o m m i t t o M o A w l i f f e . " t h e r e w a s a n a n t i - M W u l i f f e c a m p a i g n b e i n g r u n b e h i n d t h e s c e n e s w h e r e t h e o n l y o n e w h o w o u l d b e n e f i t f r o m i l w a s A r o n b e r g ; A s n a n l s a l d . " H e w a s h i d i n g I n t h e s h a d o w s . " ' I t ' s s o g o o d , i f s h o u l d b e s p r e a d o v e r F a c e b c o k l : j ' r e n n a p r e s , o e e Y . r w v , u ��. , . n A s 2 0 1 2 b e g a n , A m n b e r g w a s g o d i n g c l o s e r t o d e c l a r i n g h i s c a n d i d a c y . H e b e g a n p r e p a r i n g a n e w a b a c k . A l m o s t a y e a r b e f o r e , o n e o f A v o n h e r g ' s f r i e n d s , M e l i s s a M c K i n l a y , h a d f l e d a n e t h i c s c o m p l a i n t a g a i n s t M c A u l i f f e . M c K i n l a y , a n a i d e t o P a l m B e a c h C o u n t ' s l e g i s l a t i v e d e l e g a t i o n , a c c u s e d M c A u l i f f e o f f o l l o w i n g h e r o u t o f a m e e t i n g a n d t h r e a t e n i n g h e r i n t h e p a r k i n g l o t . ' H e t h e n t o l d m e i h a d b e t t e r b e c a r e f u l a b o u t w h o I s p e n t l i m a w i t h ; s h e w r o t e . H e h a d s e e n h e r t a l k i n g t o M k e E d m o n d s o n , a f o r m e r M r l u l i f f e a i d e w h o l e f t a f t e r f a l l i n g ��u t . T h e F l o r i d a C o m m i s s i o n o n E t h i c s f o u n d n o c a u s e f o r t h e c o m p l a i n t . B u t M c K i n l a y t o l d A m m b e r g a b o u t i t , a n d i n S e p t e m b e r h e a s k e d h e r f o r a c o p y . S h e d i d n ' t h a v e o n e , s o A r o n b e r g a n d O ' B o y l e p i c k e d u p t h e f i l e d u r i n g t h e i r O c t o b e r t r i p t o T a l l a h a s s e e , L a t e r t h a t m o n t h , h t K i n l a y w a s c a l l e d f o r j u r y d u t y . S h e t o l d P a l m B e a c h C o u n t y C i r c u i t J u d g e J o h n K e s t r e n a k e s s h e c o u l d n o t s e r v e . T h e e x c h a n g e w a s c a p t u r e d o n v i d e o . " I w a s t h r e a t e n e d b y t h e s t a t e a t t o r n e y ; M c K i n l a y s a i d t o a a u r n e d K o s m i n e k e s . I n a n I n t e r v i e w w i t h T h e P o s t , M c K l n l e y s a i d a h e d i d n ' t k n o w a h e w a s b e i n g v i d e o t a p e d . B u t s h e a a i d s h e f o l d A r e n b e r g a b o u t t h e e x c h a n g e w i t h K a s t r e n a k e s . E d m o n d s o n , w h o w a s h e l p i n g A m n b e r g ' s f u r t i v e c a m p a i g n , o b t a i n e d a c o p y o f t h e v i d e o , c o u r t r e c o r d s s h o w . I n J a n u a r y , t h e v i d e o a p p e a r e d o n G o s s i p E x t r a , a l o c a l w e b s i t e c o n b y a P o s l c o l u m n i s t J o s a L a m b l e t . A l m o s t I m m e d i a t e l y , A r o n b e r g s a l o u t t o p r o m o t e t h e v i d e o . W e s o g o o d , i t s h o u l d b e s p r e a d o v e r F a c e b o o k l : ) ' h e w r o t e t o D o M a r d n l . W i t h i n t w o d a y s , w o r k i n g w i t h a p a i d c o n s u l t a n t , A r o n b e r g h a d c r e a t e d a F a c e b o o k a d l i n k i n g t o t h e G o s s i p E b r a p o s L ' S H O C K I N G V I D E O I S t a t e A t t o r n e y M c h a e l M c A u l i f f e t h r e a t e n e d a W e s t P a l m w o m a n a n d a b u s e d h i s p o w e r . W a t c h t h e v i d e o . . " A r o n b e r g p e r s o n a l l y d i r e c t e d t h e a d ' s d e s i g n e r , t e l l i n g h i m I n a n s m a l l : ' I l i k e t h e f i r s t o n e . . . . C a n y o u u s e t h e t e r m ' W a t c h t h e v i d e o ' a s t h e l a s t w o r d s o f t h e t e a s e r ? " F i n a l l y , h e w r o t e o n J a n . 1 3 , ' l t h i n k t h e y n e e d t o r u n b e f o r e I b e c o m e a c a n d i d a t e . . . a n d w h i l e t h e s t o r y I s s t i l l f r e s h ' T h e c o n s u l t a n t ' s p r o p o s a l l i s t e d A r o n b e r g a s h i s t i e n t , b u t O ' B o y l e p a i d t h e $ 5 0 0 b i l l . T h e a d t a r g e t e d F a c e b o o k u s e r s w h o ' I l k e " o n e o f s e v e r a l l o c a l D e m o c r a t i c p o l i f i c i a n s . I I l a u n c h e d o n J a n . 1 4 , a S a t u r d a y . B y M o n d a y , I t h a d 4 4 0 c l i c k s . B u t b y T u e s d a y , I t n o l o n g e r O u t d a t e d , M c A u l i f f e a n n o u n c e d h e w a s d r o p p i n g o u t o f t h e r a c e t o t a k e a j o b w i t h O x b o w C a r b o n , b l l l l o n a l r e B i l l K o c h ' s e n e r g y c o m p a n y . A r o n b e r g , r e j o i c i n g , t h o u g h t t h e F a c e b o o k a d f o r c e d o u t M c A u l i f f e , O ' B o y l e s a i d . T o l d s o b y T h e P o s L M c A u l i f f e c h u c k l e d . T h e a t t a c k s , h e s a i d , d i d n ' t f o r c e h i m o u t B u t t h e " p r o s p e c t p l a n I n s u r g e n t p d m a r y c a m p a l g n . . . m a d e m e m o r e o p e n t o a l t e r n a t i v e s ; W i t h o u t t h e a b a c k s , ' I m i g h t n e v e r h a v e o p e n e d t h e d o o r * t o p d v e t o - e c f o r o p p o r t u n i t i e s a t t h a t p o i n t h e s a i d . B y T h u r s d a y , A r o n b e r g h a d l a u n c h e d h i s c a m p a i g n f o r s t a t e a t t o r n e y . ' T h e m o s t i m p o r t a n t t h i n g I s t h a t t h e m u d s t a t e a t t o r n e y n e e d s t o h a v e a p a s s i o n f o r j u s t i c e ; A r o n b e r g b i d W P T V . C h a n n e l 5 . ' S o D a v e I g o t t h e s c r e w i n g o f m y l d e . B o t h y o u a n d G e r s h m a n h a v e l a u g h t m e g o o d . . . a n d r h e b a d t h i n g i s d r a t m y d a u g h t e r s u f f e r s . A s a d d a y , w h i c h o n l y A l z h e i m e r s w i l t r e m o v e f r o m m y m e m o r y . I n a n y e v e n t 1 c o u l d n t h a v e b e e n m o r a h o n e s t o r b l u n t . I o n l y w i s h m a t y o u s h a r e d m y v i e w s o n h o w h l e n d s t r e a t b l e n d s . ' - e ' e e Y " m M w e M c M r y , f p r " B W i t h M c A u l i f f e o u t o f t h e r a c e , A v o n b e r g s w o r k w i t h O ' B o y l e a n d h i s a s s i s t a n t s l o w e d . F o r m o n t h s , D a l M r t i n i h a d b e e n f i l i n g p u b l i c r e c o r d s r e q u e s t s c r a f t e d a n d e d i t e d b y A r o n b e r g , s m a l l s s h o w . T h e r e q u e s t s , s e n l f o p u b l i c a g e n c i e s , a i m e d f o r i n u r m a t i o n a b o u t M c A u l i f f e . D e M a r t l n l t u r n e d t h e r e s p o n s e s o v e r t o A r o n b e r g . W h e n t h e r e w a s a c h a r g e , O ' B o y l e p a i d t h e b i l l . Aronberg pressed Dehianini to follow upon one request that was still pond Ing. He wanted h6Auliffe's em all exchanges with The Pas I's editorial board, which had been critical of Aronberg. When Arenberg felt the request had been unduly delayed, he wrote to DeMarfini: *You may want to have a lawyers end a reminder letter. l assume Marty would agree7' DeMarllni sent the emalls to Aronberg on Feb. 24. Six days later they appeared on two local websites, Including Gossip Extra. Despite being on official candidate, Aronberg neverdeclared DeMartinl's help as a campaign contribution. But the Web postings would prove useful to Aronberg's campaign. Mer The Post ran a story in June about Arenberg, he linked to one of ahem in an email to supporters, writing that the paper's "false accusations and manufactured sources have been discredited bylndependentabsenen' Mostly, though, Aronberg's relationship with O'Boyle shifted. Now that hs had an official campaign, he asked O'Boyle loran official contribution. Atfiret O'Boyle said,Aronberg asked for$80,000. For O'Boyle, that meantmore than writing one big check Slate law caps donations at $500 per person; O'Boyle would have to find a bundle of 160 $500 checks —from himself, his companies, family members, employees or friends. 'Wow, theta kind of strong, Dow; O'Boyle recalled saying. Instead, he offered Arenberg $25,000. Aronberg nadllyagmed, wriling In a Jan. 30 email that "your commitment of raising $25K goes a long way.' Butweeks passed, and O'Boyle dldn'tsend Amnberg the check. Instead, he senthlm documents from his daughter's case. By then, O'Bayie said, he had spent $28,000 helping Amnberg.'1 said to mywife,'Before I put up another $25,000, I went to make sure that this guyls thinking like we're thinking. ' O'Boyle recalled. Aronberg never expacitlyhad promised to help, O'Boyle said. But O'Boy1e said he believed he and Aronharg had an understanding. 'Dow kept sayfng:'I can't beilew they did this to your daughter. I Just can't bellow theydid this. So wrong for them to do. You know that htNrilffe, I can't bellow he did thisr Now when somebody's saying that to you about your daughter, what ere you thinking?' O'Boyle asked. In mid-March, Aronberg prepared for an end-cf-month deadline to disclose for the fntame how much moneyhe had raised since announcing his candidacy. He wanted to deliver a huge sum to deter polenaal opponents. One opponent almadyhad been soared off. ClrwitJudge Krista Marxhad considered running as a Republican, butbacked down, The Post reported, after she received threats linked to Aronberg. On March 16, O'Boyle said, he melwith Aronberg forneariythree hours In his Deerfield Beach office. His accountof that meeting, pmuded to The Postwithoutwriation In several Intaniews, went like this: O'Boyle asked Aronberg what he thought of his daughters case. Aronberg demurred. Finally, Aronberg said That Khe were elected, he would tum the was over to an assistant prosecutor, who would haw final say. O'Boyle pressed.l said, 'But you're the boss; you should decide what should happen.'" Aronberg Red the mom. "I chased him into the perking lot' O'Boyle recalled. •1 said,'At least saygoodbyer' Later, Horenburger— the woman who had introduced Aronberg to O'Boyle—told O'Boyle that Aronberg thoughl0'Boyle had been wearing a wire. O'Boyle was Ilud. 'Here's the way l mad is rw got your monsynow. l don'tneed you. I'm getting outothem, O'Boyle said. O'Boyle neverdelivered the $25,000 contribution. 5011, after the meeting, both O'Boyle and Aronberg did one to" for the other, At Aronberg's request, O'Boyle approached Genhman, his daughters attorney, who bythen was considering his own run forstate attorney. O'Boyle told Genhman he stood no chance against Aronberg. Genhman responded bitterly. O'Bayle said, and threatened to drop his daughter's case. Genhman said he was disappointed but meant only that hs would withdraw from representing O'Boyle In two cilli sults related to the DUI arrest He still represents O'Boyle's daughter In her criminal Mae, which is being appealed. Aranberg, meanwhile, helped O'Boyle line up a meeting with the new state atlomey—Antonaco. an old friend—to discuss the DUI case. -Pete Antenacci will meetwith you and you should call his assistant,' Amnberg said In a March 20 wicemall Ieftfor O'Boyle'• in-house attorney, Bill Ring. Arenberg pmuded a number. Antonacol took the meetlng.Mlonacci told The Post that Aronberg had nothing to do with IL "I'm a publicaerwni he said. 'I meetwith everybody; On April 3, Antenacci sent O'Soft a Ieaercalling the legal arguments In San O'Boy1e's case -wanting.-The state would let herappeal piayout, Antonaccl wrote. On April 9, It all came to a head. Marty O'Boyle wrote Arenberg a scathing email. Genhman would notenter the read, O'Boyle predicted. But he had lost Genhman as a Mend and an attorney, he wrote. The latter loss would coat O'Boyle $30,000, he told Aronberg — the price fora newanameyto catch up on the lenghyrecord In his daughter's DUI case. 'I golthe screwing afmyllre; O'Boyle wrote.'Boh you and Genhman haw taught me good." And In reference to Amnberg's foam that O'Boyle mayhave been recording helrcanwnatfan, O'Boyle added: "If you want to spend a few minutes and haw a chat chit we could haw it in a steam bath and 1 will agree to a rectal so then is no concern that I am wearing a wirer Aronberg never responded. In April, he reported raising $275,000, none of It from Marty O'Boyfe. Soon after, Gershman entered the race. O'Boyle rem alned angry. 'I was swindled; he aold. `fhem's no doubt in my mind.' In May, MidyO'Boyle got phone call from a Post reporter. He returned he call. And started talking. SHADOW CANPAIGN: Read more • Series homepage • Did Amnberg break the law? • Details on$3,400adwrtisementatiacking McAuliffe • Arenberg leaked emalls between McAuliffe, Post • Haw The Post goo confirmed the story More News We Recommend • 2womenkllled,1 In critical after hit-and-run (Palm Be achPost.com) • Authorltes: Anesl'imminenl' In Wallington gas station homicide (PelmSeschPostcam) • NC Lottery(PelmBeachPosLmm) • Delmy Beach woman wins E6 million verdict against tobacco company (PelmBeechPosl.com) • Report: 12 -year-old makes up abduction storyto avoid dentist (PalmBeachPast.com) • Burger King Introduces gay Whopper(PelmBeachPost.com) Comments ffyou would like to poste commentplease Sign In or Register f Cancel Edit comment 58 Comment(s) Comment(s)1-20 ofSg next last >> • Posted byTmMcAwnger This comment has been removed for viola0on of the visitor agreement. c Posted by tealady at 11:07 a.m. Jul. 22, 2012 ReportAbuse From !round the Web • EI Paso Releases Video of Cop Executing Handcuffed Ilan— Where's the Anger? (VICE) • Man Who Assaulted Dad After Finding Him In Bed With His Wife Gets Off Easy(Stining Daily) • Teen Dies on Vacation After Ddnking Energy Drink (Stirring Daily) • AGriming Feller Pulls a Thread That Unravels BNP's Hiegel Deals (The New York Times) • Life insurance: what you don't know could hurt you (Black Enterprise) • Woman Is Found Hanged In Indian State (The New York Times) R) Mr. Aronberg will not haw my votel Indeed, can anyone vote for Mr. Arenberg after reading this? More dirty politics -as -usual, Nonetheless, We The People are notfoot•dl PACs and Super -PAC's can buyall the ads theywant most voters know the true game new. Wheneverwe see an "ad" about an Issue", we know who's behind it.. and why. NO ONE thinks such ads are imperial; they are disingenuous distortions, haMtruths, and outright Iles. And we think even LESS of the peoplelcorporatons who buythese ads. Great scoop, Palm Beach Post wdtanall • Posted by FatCat0711 at 1128 a.m. Jul. 22.2012 • ReportMuse rd still vote for him, and I'm sure manyothers will. I mean, this Is FLORIDA, people actuallywted for Rick Scott • Posted by PBSOTelk at 11:50 M. Jul. 22,2012 • ReportMuse Yes, great scoop. Typical Palm Beach Post, not crediting PBSOTelk.com, who provided the start of this story and sent them the Information In April, complete with laws, to get the bell rolling. It's amazing theywill use PBSOTalk.wm information the owner provides to them yet theypubllcly disavow the site, linking It to disgruntled deputies. There is more documented corupton on The Sheriff than Sheriff Bradshaw's Mends at the Post will ever discover or write about. Thanks Joelll haw to go see a doctornow to see iftheycan remove the knife from myback. \-h Posted byTruthWins This comment has been removed for violation of the visitor agreement Posted byJuplterGuy at 12:06 p.m. Jul. 22, 2012 ReportAbuse But tea lady, the big m oney corporations haw been backing the tea party for years. They are backing almost every tea party cand!date running for office this year, as well as the presidential campaign. What happened to the grass roots organization thatthe tea party used to be? ��I A " P o s t e d b y T h o m e s t 1 a t 1 2 2 1 p . m . J u l . 2 2 , 2 0 1 2 " R e p o r t A b u s e O ' B o y l e h a s z e r o e t h i c s , a n d a w r y h i n g y o u n e e d t o k n o w a b o u t A r o n b e r g c o m e s f r o m h i s d o s e a s s o c l t i o n w i t h O T I o y f e . O ' B o y l e I s t h e t y p i c a l r i c h p i e c e o f c r a p w h o w a n t h i s d a u g h t e r e x o n e r a t e d . n o t b e c a u s e s h e ' s i n t e n t b u t b e m u s e h e ' s r i c h . U " P o s l a d b y m e l a l l s b a c k T h i s c o m m e n t h a s b e e n r e m o v e d f o r v i o l a t i o n o f t h e v i s i t o r a g r e e m e n t ��a " P o s t e d b y t e a m e n T h i s c o m m e n t h a s b e e n r e m o v e d f o r v i o l a t i o n o f h e v i s i t o r a g r e e m e n t . " P o s t e d b y S n e d l y F a c k l e a t 1 : 1 2 p . m . J u l . 2 2 , 2 0 1 2 " R e p o r t A b u s e P a l m B e a c h p o l i t i c s , e s p e d a l l y i n t h e j u d i c i a l l l e g a l a r e n a , a r e a s w e i r d a n d b i z a r r e a n d s l e a z y a s h e y a r e s h o t t h r o u g h w i t h a b y s m a l l y l o w e t h i c s ( 1 f a n y ) , p o p u l a t e d b y h y p o c r f t a s a n d b u l l y w a n n a b e s , J u d g e s ( b o t h s t a t e a n b d f e d e r a l ) t a l k t o a t t o r n e y s a b o u t m a s s b e f o r e t h e m , p d v a t e l y a n d o u t o f c o u r t . P e o p l e w h o s h o u d b e c a l l i n g t h i n g s a s t h e y s e e t h e m a r e I n s t e a d e t h e r p r o t e c t i n g t h e i r b u d d i e s o r c o v e r i n g t h e i r o w n c h o p s . A r o n b e r g I s a s u p r e m e h y p o c r i t e w h o e v e r y b o d y k n o w s l o n g a g o s o l d o u t t o O ' B o y l e . O ' B o y l e i s a N e w Y o r k s c h l e m i e l w h o f e l l I n t o h i s o w n c e s s p o o l a n d m a n a g e d t o g r a s p o n t o s o m e p r e c i o u s s t o n e s ( c e r t a i n l y n o t h i s o w n ) a n t h e w a y o u t - - b u t h a s n e v e r l o s t h e s t e n c h . T h e c o u n l y l s a r e a l l y i m p r o b a b l e c o m b i n a t i o n o f b a c k w a t e r h i c k s a n d n o u v e a u r i c h e a r d v i s t s s , c r a n k y l i t t l e b r a t s a n g r y b e m u s e s o m e b o d y e l s e h a s w a n d e r e d i n t o w h a t t h e y t h i n k t o b e t h e i r p r i v a t e s a n d b o x ( e s ) ; p e o p l e o f l o w o r n o c l a s s w h o u s e w h a t e v e r m o n e y t h e y h a v e t o " b u y s t a t u s e s a n d r e p u t a t i o n s t h e y d o n ' t d e s e r v e a n d h a v e n ' t e a r n e d . T h e l i t t l e d r a m a s l a i d o u t I n h i s s t o r y a r e s i m p l y n e w I n s t a l l m e n t s I n a n o n g o i n g t a l e n o w l a , p o s s e s s e d o f t h e s a m e l o w q u a l i t y c h a r a c t e r s a n d p l o t l i n e s . T h o s e w h o p o p u l a t e t h e m a r e a l l t r a l l e r t r a s h , o w n I f s o m e o f t h e i r b a l l e r s h a v e b e e n e x t e r n a l l y g l i t z e d u p . T h e y a l l d e s e r v e o n e a n o t h e r , b u t , p l e a s e , k e e p t h e m a l l I n s i d e t h e c o u n t y l l n e s . T h e y ' r e s u r e l y n o t w a n t e d n o r w e l c o m e a n y p l a c e a l s o - - e x c e p t , f r o m t i m e t o t i m e , t o p i c k u p o t h e r p e o p l e ' s t a b s . 1 �� 4 . . J " P o s t e d b y a 7 d 3 1 7 0 g - e 9 8 6 4 b c c - 9 7 7 0 - 8 3 8 9 0 a t 1 : 5 4 p . m . J u l . 2 2 , 2 0 1 2 " R e p o r t A b u s e T h a n k s P a l m B e a c h P o s t f o r u n c o v e r i n g M ' . A r o n b e r g ' s t r u e c o l o r s . H e m r t a i n l y d l d n o t t e a m t h e s e s l e a z e b a l l t a c t i c s a t H a r v a r d . O r , m a y b e h e d i d l M r . A r o n b e r g n e e d s t o p e n n a n e n t l y r e t i m f r o m a n y p o s i t i o n o f p u b l i c t r u s t . S o l o n g , f a r e w e l l , a u t w i s d e m e h e n , g o o d b y e , G o o d b y e , G o o d b y e , G o o d b y e l " P o s t a d b y G a r y H l l l T h i s c o m m e n t h a s b e e n r e m o v e d f o r v i o l a t i o n o f t h e v i s i t o r a g r e e m e n t 1 . f : r + , " P o s t e d b y T r u h s h a l l s e l y o u h e e a t 2 : 0 4 p m . J u l . 2 2 , 2 0 1 2 " R e p o r t A b u s e A r o n b e r g i s d i s g u s t i n g . R a n o u t o f m e e t i n g b e m u s e h e t h o u g h t O ' B o y l e w a s w i r e d ? T h e t a w h a t w e c a l l c o n s c i o u s n e s s o f g u i l t H e w o u l d n ' t k n o w b e m u s e h e h a s n e v e r t r i e d a c a s e . S o A n t a n a c o i I s A r o n b e r g ' s b u d d y ? H o w c o n v e n i e n t E x p l a l n s w h y c e r t a l n j u d g e s h a w b e e n t a r g e t e d b y t h a l o f f i c e . F u n n y h o w P e t e h a s t i m e t o f i l e f r i v o l o u s m o t i o n s a t t h e b e h e s t o f D e w a n d m e e t w i t h A r a n b e r g ' s s u p p o r t e r a b o u t h i s D U I b u t d o e s n o t h a w t i m e t o i n v e s t i g a t e s e r i o u s a l l e g a t i o n s r e l a t i v e t o h i s b u d d y D o w . L e i ' s b e d e a r : m o n e y w a s s p e n t b y O b o y l e f o r D o w ' s u p c o m i n g c a m p a i g n : i l l e g a l . D o w a l l u d e d t o h o w ' a w f u l ' t h e D U I w a s h a n d l e d a n d h e a l l u d e d t o w p u n g i n g t h e c r i m e a n d t h a t ' s h o w h e g a t t h e m o n e y . b r i b e r y . H e t h r e a t e n e d J u d g e M a x H e c o n s p i r e d t o r e m o v e J u d g e C o h e n , w i t h A n k m a c c l ' s h e l p . H e h a n g s o u t w i t h t h e m o s t C O R R U P T I n c l M d u a l s I n t h i s c o u n t y l n d u d i n g M a r y ( I ' m a c o n v i c t e d f e l o n b u t I s t i l l M i n k I ' m r e l e v a n t a n d p o w e r f u l ) M c C a r t y . W e n e e d h e l p a n d l a s t . W e n e e d t h e t e d s . I u r g e e w r y p e r e o n I n P B C t o c a l l o u r l o c a l F B I b r a n c h b e m u s e w e c a n t h a w a s t a t e a t t o r n e y w h o I s c r i m i n a l h i m s e l f . T h i s I s j u s t l i k e h e B a b o c k f u r n i t u r e O U I d e b a u c i e . P a y t o p l a y . I can seethe swearing in: Burt, Andre, Fumad. McCarty and awry other cancerous 'political operallve' in PBC.Oh, and they will also own Jaime Goodman If he gels elected because McCarty Is running his cempalgn. Remember Make back the judiciary McCartyand Rebecca Shelton do. Its all to make sure they can continue their criminal behavior and shakedowns w/o an SAwho cares. I would like to thank Joel and the Post because this is getting attention... from authorities who enjoyslapping the w6s on self procialmed'rockstar'Dave. You can't get the Aon - burger In jail so enjoy now. Antonacci ... your In over your head. Watch your because 1 think you would make a great Adson trustee • Posted by Dougles3 at 226 p.m. Jul. 22, 2012 • ReportMuse Need a connection from Arenberg to MaryAlcCarty7 Trygaing through her mother Jeanne Raywho recentlyworked as a receptionist for Aronberg. Aonberg should quit this race. He has proven himself unfit to serve In anygovemment mpecily. You can't cleanup Palm Beach County by putting dirt In charge of the brooml • Posted byTruthshallsetyoufres at226 p.m. Jul. 22,2012 • RaportAbuse And to all the lawyers who tum a blind eye to this and continua to treat Deva like royalty bemuse you think Ifs a given he will be SAand you want to Ingratiate yciurselves...getsome moralsf We took an oath to uphold the lawl If you condone his behavior and that of his'supparters'just rip up your bar card because you are as bad as him. I can'twallfor the front page photo of him, handcuffed, being led k an awall ng blocked -out SUV Its Imminent. .J • Posted by Rober BHaigh al2:47 p.m. Jul. 22,2012 • ReportMuse So, let me get this straight 'Aonberg and his allies skirt the law on bribery, 'Aronberg and his allies sklm the law on blackmail, *Aronberg and his allies skirt the law on aMortlon, •Aanberg and his allies skirt the law on slander, 'Aronberg and his allies skirt the low an defamation. Yep, payfu play is alive and well in Palm Beach County. Resign? No, he should be In ajail call awaiting trial. I knew more than a decade ago that he would do anything —and I mean ANYTHING—to move his way up In office. Let me guess, with his eyes nen on running for Governor. Mark my words: If he gets elected to the position of State Attorney, he will can for Governor within ten years and the corruption will be much, much worse. If this doesn't gel the Peds Involved (once again) then nothing will. I also agree with the previous poster, teelady, these corporate blgwlgs have been funding the Tea Party fora long time. Watch how qulcklythe Tea Partyboil' settles down to a 'simmee IfRomney is elected President (And the ultra-nch orgyof asset transfer from the mlddle-class to the 1%will resume at an accelerated pace.) �I • Posted by RegularJoe at 3:46 p.m. Jul. 22, 2012 • ReportAbuse Can you believe Made did this again? Made Horenburger has been the campaign manager and consultant for 10 years for suspended Mayor Jose Rodriguez Look at what a crook he isll!I!I!il Rodriguez used to be buddybuddywith Mr. MM Marie Is SFPs with Anne Gannon who Is smarter than DAVE bemuse when she got out of Tally then Made made It happen with Gannon's takchiefJob as the CONSTTUTIONAL THEM r •, Jar, • Posted byWumlldumb a13:48 pm.Jul.22, 2012 • Repon Muse You cannot belleve a single word putout bythe liberal rag known es the Palm Beach Post. Theyhaw their own agenda and will spin a Story 10 fit the outcome theywant Aronberg has a goad track record and has served the Slate ofFlart well. He should be judged on past performance and not the attacks of a bankrupt newspaper that is so poorly can It is actuallyprinled bythe Sun Sentinel for them. This paper has a specific hatred forAronberg that has no basis in this race.The fads are the facts. u • Posted by kola123 at 3:52 pm. Jul. 22,2012 • ReportAbuse I think this whole article Is a crock of crap. Look to the REAL problems In Palm Beach County, W. Marcus and friends. Posted by JohnBarbied at 428 p.m. Jul. 22.2012 ReportAbuse Palm Beach County politica are uns awry to begin with. Aronberg comes across as a Particularly nasty piece of work even for us. Here's hoping that the voters will do themselves and the countya blg fawr by stopping his *publics ervice career at the nextelection . 59 Comments) Comment(s)1.20 of 59 next>last» Westlaw Page 1 436 Fed.Appx. 449, 2011 WL 3510250 (C.A.6 (Tenn.)) (Not Selected for publication In the Federal Reporter) (Cite as: 436 Fed.Appx. 449, 2011 WL 3510250 (C.A.6 (Tenn.))) H This case was not selected for publication in the Fed- eral Reporter. Not for Publication in West's Federal Reporter See Fed. Rule of Appellate Procedure 32.1 generally governing citation of judicial decisions issued on or after Jan. 1, 2007. See also Sixth Circuit Rule 28. (Find CTA6 Rule 28) United States Court of Appeals, Sixth Circuit. Martin E. O'BOYLE, Individually and as General Partner in New Midland Plaza Associates; Catherine O'Boyle, Individually and as General Partner in New Midland Plaza Associates; New Midland Plaza Asso- ciates; Commerce Partnership No. 1147; Commerce Partnership No. 1171, Plaintiffs—Appellants, V. SHULMAN, ROGERS, GANDAL, PORDY & ECKER, P.A.; Ross D. Cooper; Mark S. Guberman, Defendants—Appellees. No. 10-5551. Aug. 11, 2011. Background: Former clients filed legal malpractice action against law firm and attorneys. The United States District Court for the Eastern District of Ten- nessee, 2010 WL 1408444, dismissed complaint, and clients appealed. Holding: The Court of Appeals, Kethledge, Circuit Judge, held that action was untimely. Affirmed. West Headnotes Limitation of Actions 241 X95(11) 241 Limitation of Actions 24111 Computation of Period of Limitation 241II(F) Ignorance, Mistake, Trust, Fraud, and Concealment or Discovery of Cause of Action 241k95 Ignorance of Cause of Action 24105(10) Professional Negligence or Malpractice 241k95(11) it. Attorneys. Most Cited Cases Under Tennessee law, clients knew or had reason to know of their injury as result of their attorney's alleged legal malpractice during mortgage dispute, at latest, when court dismissed all of clients' claims and ordered them to pay fees to attorneys, and thus legal malpractice suit filed more than one year later was untimely. West's T.C.A. § 28-3-104(a)(2). *449 On Appeal from the United States District Court for the Eastern District of Tennessee. Before: MOORE and KETHLEDGE, Circuit Judges; MARBLEY, District Judge!"' FN* The Honorable Algenon L. Marbley, United States District Judge for the Southern District of Ohio, sitting by designation. KETHLEDGE, Circuit Judge. **1 Martin O'Boyle, Catherine O'Boyle, and their partnerships (collectively, "O'Boyle') owned a large shopping center in Tennessee. In 1988, O'Boyle mortgaged the shopping center for $8.9 million. He defaulted on the mortgage in 1998. The bank that held the mortgage note foreclosed on the center in April 1999. After unsuccessful negotiations to end the EXHIBIT © 2014 Thomson Reuters. No Claim to Orig. US Gov. Works. Page 2 436 Fed.Appx. 449, 2011 WL 3510250 (C.A.6 (Tenn.)) (Not Selected for publication in the Federal Reporter) (Cite as: 436 Fed.Appx. 449, 2011 WL 3510250 (C.A.6 (Tenn.))) mortgage dispute, O'Boyle sued various defendants in O'Boyle sued the Defendants in New Jersey state Tennessee state court. He essentially claimed that court in December 2008, claiming that he had lost the these defendants had conspired to bankrupt his part- Tennessee case as a result of their alleged malpractice. nership and to take unlawful control of the center. The Defendants removed the case to federal court. Representing O'Boyle, among others, was the law O'Boyle voluntarily dismissed the suit and refiled in firm of Shulman, Rogers, Gandal, Pordy & Ecker Tennessee federal court in April 2009. That case is the P.A. ("Shulman Rogers"), • and specifically two of one now before us. The district court dismissed its attorneys, Ross Cooper and Mark Guberman (we O'Boyle's claims as untimely under Tennessee's refer to Shulman Rogers, Cooper, and Guberman one-year statute of limitations. This appeal followed. collectively as "Defendants"). In December 2004, the Tennessee circuit court granted summary judgment for the defendants in that case on each of O'Boyle's claims. On September 27, 2005, the court also ordered O'Boyle to pay over S 1.6 million of fees and costs to those defendants, per a loser -pays provision in the mortgage note. O'Boyle moved to amend that order that same day. In De- cember 2005, the court denied both that motion and a separate motion to vacate its December 2004 sum- maryjudgment order. The court then entered judg- ment against O'Boyle. The state -court defendants moved for sanctions against O'Boyle in January 2006. The Tennessee court granted this motion in November 2006, ordering O'Boyle to pay $125 million to the defendants and $5,000 to the court. O'Boyle thereafter moved to amend the sanctions order. In January 2007, the court granted this motion and vacated the $125—million award, so long as O'Boyle paid the $5,000 sanctions awarded to the court. Meanwhile, in October 2006, Shulman Rogers and Cooper entered into a tolling agreement with O'Boyle. Guberman was not a parry to the agreement. The agreement stated that it did not revive any claims that had already become time-barred. The agreement expired in October 2007, but Shulman Rogers and O'Boyle extended it through February 2009. Cooper did not sign the extension. We review de novo the district courts determi- nation that O'Boyle's suit was untimely. See In re NM Holdings Co., 622 F.3d 613, 618 (6th Cir.2010). The parties agree that Tennessee's one-year statute of lim- itations applies. See generally Tenn.Code. Ann. § 28-3-104(a)(2). The statute begins running when the plaintiff knows or reasonably should know that he was actually injured by his attorney's malpractice. See John Kohl & Co. P.C. v. Dearborn & Ewing, 977 S.W.2d 528, 532 (Tenn -1998). Although knowledge "is usually a fact question for the jury to determine," Wyatt v. A—Best, Co., 910 S.W.2d 851, 854 (Tenn.1995), a defendant nonetheless is entitled to dismissal for failure to state a claim where "the plain- tiff undoubtedly can prove no set of facts consistent with its allegations that would entitle it to relief." La. Sch. Emps. Ret. Sys. v. Ernst & Young, LLP, 622 F.3d 471,477-78 (6th Cir.2010). "2 Here, O'Boyle's own pleadings state that the Defendants had "repeatedly advised [him] that [his] claims would defiantly withstand any motion for summary judgment and would, to a reasonable prob- ability, result in a successful outcome[.]" Compl. 9 19(c). Those assurances were proven false in De- cember 2004, when the Tennessee court dismissed all of O'Boyle's claims. Thus, by then O'Boyle had reason to know that he had been injured by the Firm's alleged malpractice. And O'Boyle had all the more reason to know that alleged fact by September 2005, when the court ordered him to pay over $1.6 million in fees to the defendants. Both of these dates precede by more ® 2014 Thomson Reuters, No Claim to Orig. US Gov. Works. 436 Fed.Appx. 449, 2011 WL 3510250 (C.A.6 (Tenn.)) (Not Selected for publication in the Federal Reporter) (Cite as: 436 Fed.Appx. 449, 2011 WL 3510250 (C.A.6 (Tenn.))) than one year the date of the tolling agree- ment—which means that O'Boyle's claims are un- timely. *451 The district court's judgment is affirmed. C.A.6 (Tenn.),2011. O'Boyle v. Shulman, Rogers, Gandal, Portly & Ecker, P.A. 436 Fed.Appx. 449, 2011 WL 3510250 (C.A.6 (Tenn.)) END OF DOCUMENT ® 2014 Thomson Reuters. No Claim to Orig. US Gov. Works. Page 3 LAW OFFICES OF SWEETAPPLE, BROEKER & VARKAS, P.L. DOUGLAS C. BROEKER, P.A. 44 West Flagler Street Ste. 1500 Miami, Florida 33130-6817 Telephone: (305) 374-5623 Facsimile: (305) 358-1023 ROBERT A. SWEETAPPLE DOUGLAS C. BROEKER ALEXANDER D. VARKAS, IR KADISHA D. PHELPS ASHLEIGH M. GREENE • BOAM CEaNI®aa9HGSriInaATION ATn111NaY •• aOARa CfANRp CINLTRIAL AI'mRNEY November 10, 2014 UNLICENSED PRACTICE OF LAW Ms. Michelle Gavagni, Executive Director Florida Board of Bar Examiners 1891 Eider Court Tallahassee, Florida 32399-1750 Re: Applicant—Jonathan O'Boyle Dear Ms. Gavagni: SWEETAPPLE & VARKAS, P.A. 20 S.E. 3i° Street Boca Raton, Florida 33432.4914 Telephone: (561) 392-1230 Facsimile: (561) 394.6102 Please Reply To: Boca Raton E -Mail: aweeteppleCa sweetapplelaw.corn avarkas@swectapplelaw.com kphelps a@sweetapplelaw.com cbailey®sweetapplelaw.rnm dsmith@sweetapplelaw.com Paralegals: Cynthia J. Bailey, CP, FCP, FRP Deborah Smith, CP, FRP Jamie Arden, FRP In furtherance of complaints filed against Jonathan O'Boyle and The O'Boyle Law Firm, P.C., I have enclosed the following: 1. Exhibit 3 from the deposition of Martin O'Boyle, wherein Jonathan O'Boyle filed a memorandum of law in a town proceeding indicating he was attorney of record for Martin O'Boyle; 2. A copy of the Motion to Disqualify, Motion for Sanctions, and Amendment to Motion without Prejudice for Sanctions with attachments. Please note that we dismissed the Motion to Disqualify solely because we believe that a Bar complaint and a separate action for the unauthorized practice of law were the appropriate remedies; 3. A copy of the videotaped deposition and transcript of Martin O'Boyle; and 4. A copy of an article published on November 9, 2014 by Florida Center for Investigative Reporting concerning The O'Boyle Law Firm and Citizens Awareness Foundation, Inc. We are forwarding these materials to you in furtherance of the Town of Gulf Stream's complaint pursuant to our obligation under the Rules Regulating the Florida Bar 4-5.5 and 4-8.3. RAS:cjb Enclosures LAW Omm OP SW EETAPPU, BROEKER & VARKAS, P Very truly yours, ROBERT A. SWEETAPPLE Kelly Avery From: Scott Morgan <scottmorgan75@gmail.com> Sent: Monday, November 10, 2014 3:06 PM To: Kelly Avery Subject: Letter to the Bar Attachments: FlaBar-Canter.le.11-11-14.docx; FlaBar-UPL.Morgan.le.1 1-1 1-14.docx Hi Kelly, Would you please prepare these two letters on Town stationary for my signature? Thank you. Scott W. Morgan November 11, 2014 Maura Canter, Esq. The Florida Bar 651 East Jefferson St. Tallahassee, FL 32399-2300 Re: Nickalaus Taylor, RFA No. 15-0432 Giovani Mesa, RFA No. 15-4031 Ryan Witmer, RFA No. 15-4033 William F. Ring, Fla Bar File No. 2015-50,283(17D) Dear Ms. Canter: Supplementing our Complaints of unethical behavior on the part of the above- named attorneys, please find enclosed an article from the Florida Center for Investigative Reporting dated November 9, 2014. We respectfully request that this article be considered along with the other information previously supplied to The Florida Bar on these matters. Should you have any questions, please do not hesitate to contact me. Sincerely, Scott W. Morgan, Mayor Town of Gulf Stream November 11, 2014 Janet Bradford Morgan, Esq. Branch UPL Counsel The Florida Bar Lake Shore Plaza II Su. 130 1300 Concord Terrace Sunrise, FL 33323 Re: Jonathan R. O'Boyle Fla Bar No. 2015- 1027 (17C) Dear Ms. Morgan: Supplementing our Complaint against Mr. O'Boyle, please find enclosed an article from the Florida Center for Investigative Reporting, dated November 9, 2014. We respectfully request that this article be considered along with the other information previously supplied to The Florida Bar on this matters. Should you have any questions, please do not hesitate to contact me. Sincerely, Scott W. Morgan, Mayor Town of Gulf Stream c.c. Evan Brett Klinek, Esq. Kellv Ave From: scottmorgan75@gmail.com Sent: Wednesday, February 25, 2015 4:32 PM To: Kelly Avery Subject: Letters for Florida Bar Attachments: Fla Bar- Mendez.le.2-26-15.docx; FlaBar-UPL.Morgan.le.2-26-15.docx; Defendant's Motion for Leave to File Amended Answer, Affirmative Defenses and Counterclaim- Civ4474.pdf; 14CA4474 _Order_Granting_Defendants_Motion for Leave_to_File_Amended Answer_Affirmative_D efenses_and_Counterclaim.pdf; Gray v Pace Deposition 8-8-14.pdf Hi Kelly, Would you please print out on Town letterhead the attached two letters. Each letter will include the following enclosures: RICO Complaint with Exhibits; Deposition Transcript of Jeffrey Gray; Defendant's Amended Answer with Affirmative Defenses and Counterclaim; and the Court's February 23, 2015 Order regarding the Amended Answer, Affirmative Defenses and Counterclaim. I believe you already have the RICO Complaint. I have attached the Deposition Transcript, Motion for Leave to File Amended Answer and Judge Blanc's Order Granting the Motion for Leave to Amend. Thank you. Scott W. Morgan (561) 752-1936 February 25, 2015 Roberto Mendez, Esq. The Florida Bar Lake Shore Plaza II, Su. 130 1300 Concord Terrace Sunrise, FL 33323 Re: Nickalaus Taylor, The Florida Bar File No. 2015-50,426(17A) Giovani Mesa, The Florida Bar File No. 2015-50,427(17A) Ryan Witmer, The Florida Bar File No. 2015-00,227(17A) William F. Ring, The Florida Bar File No. 2015-50,283(17A) Dear Mr. Mendez: Supplementing our Complaints of unethical behavior on the part of the above-named attorneys, please find copies of the following: • Complaint, Town of Gulf Stream v. Martin E. O'Boyle, et al. Case No. 9:15-cv-80182 (US District Court for Southern District of Florida); • Deposition Transcript of Jeffrey Marcus Gray, Gray v. Practical Academic Cultural Education Centerfor Girls, Inc., Case No. 2014 -CA -2839 (4'"Judicial Circuit, Duval County) August 8, 2014 (The O'Boyle Law Firm) • Defendant's Motion to File Amended Answer, Affirmative Defenses and Counterclaim, Martin E. O'Boyle v. Town of Gulf Stream, Case No. 2014 -CA -4474 (15t1 Judicial Circuit, Palm Beach County) • Order of Hon. Peter D. Blanc Granting Motion to File Amended Answer, Affirmative Defenses and Counterclaim, Martin E. O'Boyle v. Town of Gulf Stream, Case No. 2014 -CA -4474 (15th Judicial Circuit, Palm Beach County) February 23, 2015 We respectfully request that these items be considered along with the other information previously supplied to The Florida Bar on these matters. Sincerely, Scott W. Morgan, Mayor Town of Gulf Stream c.c. Scott K. Tozian, Esq. February 26, 2015 Janet Bradford Morgan, Esq. Branch UPL Counsel The Florida Bar Lake Shore Plaza II Su. 130 1300 Concord Terrace Sunrise, FL 33323 Re: Jonathan R. O'Boyle Fla Bar No. 2015- 1027 (17C) Dear Ms. Morgan: following: Supplementing our Complaint against Mr. O'Boyle, please find enclosed copies of the • Complaint, Town of Gulf Stream v. Martin E. O'Boyle, et al. Case No. 9:15-cv-80182 (US District Court for Southern District of Florida); • Deposition Transcript of Jeffrey Marcus Gray, Gray v. Practical Academic Cultural Education Center for Girls, Inc., Case No. 2014 -CA -2839 (4`h Judicial Circuit, Duval County) August 8, 2014 (The O'Boyle Law Firm) • Defendant's Motion to File Amended Answer, Affirmative Defenses and Counterclaim, Martin E. O'Boyle v. Town of Gulf Stream, Case No. 2014 -CA -4474 (151h Judicial Circuit, Palm Beach County) • Order of Hon. Peter D. Blanc Granting Motion to File Amended Answer, Affirmative Defenses and Counterclaim, Martin E. O'Boyle v. Town of Gulf Stream, Case No. 2014 -CA -4474 (15`hJudicial Circuit, Palm Beach County) February 23, 2015 We respectfully request that this article be considered along with the other information previously supplied to The Florida Bar on this matter. Sincerely, Scott W. Morgan, Mayor Town of Gulf Stream c.c. Scott K. Tozian, Esq. Page 1 (Pages 1-4) Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 1 Page 3 1 IN THE CIRCUIT COURT, FOURTH OUDICIAL CIRCUIT, IN AND FOR I TABLE OF CONTENTS 2 DU 71, COUNTY, FLORIDA. 2 PAGE 3 CASE NO.: 2014 -CA -002939 3 JEFFREY MARCUS GRAY 4 4 5 JEFFREY GRAY, 5 Direct Examination 4 6 Plaintiff, 6 by Mr. Wells VS. 7 e 8 EXHIBITS PRACTICAL ACADEMIC CULTURAL 9 EDUCATION (ENTER FOR GIRLS, INC.. 9 10 Defendant. 10 Defendant's Exhibit No. 1 - Complaint 100 I I I I Defendant's Exhibit No. 2 - Cert of Ins. 101 12 12 Defendant's Exhibit A - Settlement Offer 103 13 DEPOSITION OF JEFFREY MARCUS GRAY 13 __ _ 14 Taken on Behalf of the Defendant 14 CERTIFIED QUESTIONS 15 DATE TAKEN: August 9, 2014 15 16 TIME: 2:00 PM - 4:45 PM 16 Certified Question No. 1 19 17 PLACE: GrayRobineon, P.A. 17 Certified Question No.2 31 50 North Laura St., Suite 1100 18 Certified Question No. 3 44 18 Jacksonville, Florida 32202 Jack 19 19 ___ 20 20 21 Examination of the witness taken before: 21 22 Cynthia Silverberg, Court Reporter 22 23 23 24 24 --- 25 25 Page 2 Page 4 1 APPEARANCES I JEFFREY MARCUS GRAY, 2 3 2 having been produced and first duly swom as a witness NICK TAYLOR ESQUIRE 3 on behalf of the Defendant herein, was examined and 4 THE O'BOYLE LAW FIRM, P.C. 4 testified as follows: 5 1286 West Newport Center Drive 5 DIRECT EXAMINATION Deerfield Beach, Florida 33442 6 BY MR. WELLS: 6 Appearing on behalf of Plaintiff 7 Q Mr. Gray, would you give us the benefit of 7 8 your full name, please? 8 9 9 A My full name is Jeffrey Marcus Gray. S. GRIER WELLS, ESQUIRE 10 Q And how do you spell Mamus? 10 GRAYROBMSON, P.A. I I A M -a -be -n -s. I 1 50 North Laura Street, Suite 1100 12 Q Okay. And Jeffrey is J -e -f -f -r -e -y? Jacksonville, Florida 32202 13 A Correct. 12 Appearing on behalf of Defendant 14 Q Grey, G -r -e -y? 13 15 A G -r -a -y. 14 ALSO PRESENT: 16 Q Have you ever given a deposition before? 15 17 A No. Ms. Mary Marx 16 I B I'm sum you've had an Opportunity to talk Q Y PP ty 17 19 with Mr. Taylor, but I'm going to give you some 18 -"" 20 instructions that may help us save some time today. 19 21 I'll be asking you a number of questions related to 20 22 the lawsuit you filed and some other things. Unless 22 23 your attorney instructs you not to answer, you should 23 24 answer all the questions. He may object from time to 25 25 time. But, again, unless he instructs you not to Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 5 1 answer, you should answer all the questions. If you 2 would, let me finish asking my questions before you 3 begin your answer and I'll try to let you finish your 4 answer before I begin my next question. 5 A Understood 6 Q Give a verbal response to my questions as 7 opposed to nods or shakes of the head or huh-uhs and 8 uh-huhs. Those are kind of hard for the court 9 reporter to interpret, so yes, no or some other type 10 of verbal answer. 11 A Understood. 12 Q If at any time you need to take a bmak, let 13 me know. This is not an endurance contest and 14 generally I'll probably take a break on the hour. And 15 we'll try to go mughly an hour and take a break and 16 then reconvene. 17 A Okay. 18 Q If you don't know the answer to a question, 19 obviously say you don't know. I'm not asking for 20 speculation. There may be occasions when you may say, 21 1 don't know, and I may ask you for your guess or 22 something, but iPs unlikely in the context of this 23 case. All right? 24 A Understood. 25 Q I know that you met briefly, just a few Page 6 1 minutes ago, with Mr. Taylor. Other than that 2 meeting, have you done anything else to prepare for 3 this deposition? 4 A Other thanjust phone calls with Mr. Taylor, 5 no. 6 Q Okay. Did you review any documents? 7 A No. I reviewed a video, a video of his. 8 Q You reviewed a video. What video did you 9 review? 10 A I reviewed a video where I submitted the 11 public records request to PACE. 12 Q Mr. Taylor has provided me with a video. I 13 have not really looked at it. So I may ask you from 14 time to time questions about that video. Other than 15 that video, are there any other materials that you 16 reviewed? 17 A Other than that video, no. 18 Q Did you review the complaint in this case? 19 A I believe Mr. Taylor sent me an email and I 20 made a quick review of that. 21 Q When would that have been? 22 A Are you speaking of the complaint; are you 23 talking about the complaint that was made against 24 PACE; is that what you're speaking oft 25 Q I'm talking about the lawsuit that was filed Page 2 (Pages 5-8) Page 7 1 against PACE. 2 A I do not recall reviewing the complaint, no. 3 Q There was a contract attached to the 4 complaint Did you review that contract, or any other 5 contract in preparation for this deposition? 6 A 1 have reviewed the contract that PACE has 7 with the State, yes. 8 Q What is your understanding of who that 9 contract is with? 10 A I believe the contract is with the I l Department of Children and Families. Is that the one 12 that it is? I believe that's the one it is. 13 Q You'll need to speak up so the court 14 reporter can hear you. You believe the contract to be 15 with the Department of Children and Family Services? 16 A Yes. 17 Q Okay. You indicated you had some phone 18 calls with Mr. Taylor and have reviewed the video — a 19 video — the video and reviewed the contract with the 20 Department of Children and Family Services. 21 A If that's who they had the contract with. 22 It's been a while back. Ies been all the way back 23 since I made the request, so it's been a long time 24 since Pve seen it. 25 Q Whatever contract there maybe, that's the Page a I one you believe you reviewed? 2 A Yes, yes. 3 Q When did you review that? 4 A It's been way back when the request was 5 actually made, before I went in to make the request 6 Q You have not reviewed it since you went in 7 to make a request? e A No, sir. 9 Q Okay. Other than Mr. Taylor, have you 10 spoken to anyone else about this deposition? I 1 A Have I spoken to anyone else about this U deposition? I have spoken to my friend, 13 Thomas Covenant, about this deposition and my wife. 14 Q Thomas who? 15 A Thomas Covenant. And my wife. 16 Q How do you spell his last name? 17 A Covenant, C -o -v -e -n -a -n -t. 18 Q Just like the covenant Moses had with the 19 children of Israel? 20 A Yes, sir. 21 Q Is Mr. Covenant —you said he's your 22 friend. Is he the one who was with you when you went 23 to PACE? 24 A Yes. 25 Q When did you last speak with Mr. Covenant? Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 9 I A This morning. 2 Q About this deposition? 3 A No. It was not about this deposition. 4 Q Did you and Mr. Covenant have any 5 conversation this morning about this deposition? 6 A Not that I recall, no. 7 Q Did you have any conversation this morning 8 with Mr. Covenant about what occurred when you and 9 Mr. Covenant were at PACE? 10 A This morning? II Q Yes. 12 A No. 13 Q When did you last have any conversation with 14 Mr. Covenant about your activities at PACE? 15 A The last time I had a conversation with 16 him? I can't specifically say when. i don't recall 17 specifically the last time. 18 Q Are you known by any name other than by 19 Jeffrey Marcus Gray? 20 A Any other name? 1 am also know as Honor 21 Your Oath. I do have a YouTube channel called Honor 22 Your Oath. Yes. 23 Q I'm sorry? 24 A Honor Your Oath. 25 Q But you said something after that. Page 3 (Pages 9-12) Page 11 I A Yes. Page 10 I A A YouTube channel. Honor Your Oath. 2 Q Is that a name you use, as like an email 3 address, or Facebook, or a blog site, or anything like 4 that? Ate those the only email addresses that you 5 A A blog site. It's a YouTube channel. 6 That's what it is. 7 Q Is that name copyrighted for you? 8 A No. 9 Q Any other names that you use? 10 A No. I I Q Do you have an email? 12 A Yes. 13 Q What's your email address? 14 A The email address is tgmy9937@hotmail.com. 15 Q T -g -a -r -y? 16 A G -r -a -y. 17 Q G -r -a -y. What does the T stand for? 18 A Teresa. 19 Q That's your wife's name? 20 A Yes, sir. 21 Q Okay. Do you use any other email address or 22 any other email site? 23 A There's also tgmy9937@comcmt.net. ThaPs 24 my two emails. 25 Q Does your wife also use those emails? Page 3 (Pages 9-12) Page 11 I A Yes. 2 Q Does she use them in any way in connection 3 with her employment, if she's employed? 4 A No. 5 Q So you both use both of those email 6 addresses? 7 A Yes. 8 Q Ate those the only email addresses that you 9 use? 10 A Yes. I I Q Okay. Do you have a mobile telephone? 12 A Yes, I do. 13 Q What is that number? 14 A The number to the phone? 15 Q Yes. 16 A (904) 608.7960. 17 Q And who is the carrier for that line? 18 A AT&T. 19 Q Have you had that mobile phone number for -- 20 how long? 21 A I can't recall how long I've had that. I'm 22 not sure. 23 Q Since all of 2014? 24 A Yes. 25 Q All of 2013? Page 12 I A I can't answer that. I'm not sure. 2 Q Has AT&T been your carrier the entire time 3 you've had that particular phone number? 4 A Yes. 5 Q What is your resident address, Mr. Gray? 6 A My residence is 1904 River Lagoon Trace, 7 St. Augustine, Florida 32092. 8 Q How long have you lived there? 9 A I've lived there since the beginning of 10 2009. 11 Q Were you in St. Augustine -- the 12 St. Augustine area prior to moving to the River Lagoon 13 address? 14 A Yes, I was. 15 Q How long have you been in St. Augustine? 16 A I believe I moved to St. Augustine the end 17 of 2005, the beginning of 2006. 18 Q Where were you prior to that? 19 A 1 was in Jacksonville. 20 Q How long had you lived in Jacksonville 21 before moving to St. Augustine? 22 A I've lived in between Jacksonville and 23 St. Augustine back and forth. I'm not precisely sure 24 what dates and times I've lived in either one, but 25 I've lived in the St. Augustine area since probably Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 13 1 '92 or'93, just back and forth between the two. 2 Q Okay. And your wife is Teresa. Is that 3 T -e -r -e -s -a or T -h- — 4 A Thafs correct; T -e. 5 Q How long have you all been married? 6 A We've been married since 1999. 7 Q Soshe — 8 A Correct that. We've been married since 9 1998. 10 Q It's a good thing you corrected that. II A We had our first son in'99. 12 Q And you all have been married the entire 13 time since 19987 14 A Yes. 15 Q And I think you said you've lived in the 16 Jacksonville/St Augustine area since 1992. 17 A Approximately, yes. 18 Q You and your wife are bath Georgia natives? 19 A Yes. 20 Q Where in Georgia? 21 A 1 was bom in Atlanta and I believe she was 22 born in Columbus, Georgia. 23 Q Are you employed? 24 A I'm not employed right now. No. 25 Q How long has it been since you were Page 14 1 employed? 2 A I worked at Winn-Dixie as a truck driver 3 from 1995 until 2013. I believe I left Winn-Dixie in 4 October of 2013. 5 Q Why did you leave Winn-Dixie? 6 A To pursue a journalism activism career. 7 Q Okay. So you've not had —strike that 8 After leaving Winn-Dixie in — you said October of 9 2013- 10 A Approximately, yes. 1 t Q — have you had any type of salaried 12 position anywhere? 13 A No. 14 Q How long were you employed by Wim -Dixie? 15 A From April of'95 until October of 2013, as 16 a truck driver. 17 Q Who was your immediate supervisor at that t8 Wim -Dixie? 19 A My immediate supervisor was Clay Turney. 20 Q T -u -r -n -e -y7 21 A T -u -r -n -e -y, yes. 22 Q Were you employed as a truck driver the 23 entire time fram'95 to 20137 24 A I was. 25 Q Now when you say you left to pursue Page 4 (Pages 13-16) Page 15 1 journalism and activism, can you tell me what you mean 2 by that? 3 A I contribute to a website called Photography 4 Is Not A Crime. 5 Q Called what? 6 A Photography is not a crime. 7 Q Okay. 8 A And activism, basically my main drive in my 9 activism is transparency in government, accountability 10 in government I1 Q When you say you contribute to Photography 12 Is Not A Crime, what do you contribute? 13 A I contribute video of news events. 14 Q What type of news events? 15 A News events, just stuff happening on the 16 street, specifically events where police officers are 17 behaving badly. 18 Q How do you come across time circumstances 19 of police officers behaving badly? 20 A Just you can — you just get your video 21 camera out and you film them in action and I just — 22 they just behave bad. They don't like to be filmed. 23 Q How do you know where to go to find them? 24 A I don't know. I just stumble across them. 25 Q Just random? Page 16 I A Yeah, yeah. If you see a cop stop somebody, 2 1 document what they do. And sometimes they react 3 negatively to that 4 Q Sometimes they what? 5 A They react negatively to that, yeah. 6 Q What kind of negative reaction do the police 7 have? 8 A They tell you to tum the camem off and 9 tell you you can't film them, things like that. 10 Q Okay. Are those the only types of I 1 contributions you make to Photography Is Not A Crime? 12 A Yes. 13 Q Any other contributions? 14 A No, no, other than — no, no. is Q So all of your contributions to Photography 16 Is Not A Crime relate to video of police officers 17 behaving badly? is A Police officers, public officials, other 19 public officials; not just police officers, but public 20 officials in general. 21 Q What other public officials have you filmed 22 behaving badly? 23 A What other public officials have I filmed? 24 Let me think about that for a second. Just public 25 officials. Say when I go to submit a public records Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 17 I request or something like that at the mayor's office 2 or — there are so many different situations, the 3 mayor's office, the Sheriffs Office, different public 4 agencies like that when I go to submit a public 5 records request. 6 Q Who are the principals behind Photography Is 7 Not A Crime? 8 A The principles? Carlos Miller is the 9 principle. 10 Q Carlos Miller? 11 A Yes, sir. 12 Q Is Photography Not A Crime incorporated? 13 A Is Photography Not A Crime incorporated? 14 I'm not sure. You would have to ask Carlos about 15 that. I'm not sure if it's incorporated or — 16 Q Where does Carlos Miller live? 17 A Miami. is Q How did you and Mr. Miller start doing 19 business together? 20 A Mr. Miller and I — I believe he came across 21 one of my videos of a police officer that was telling 22 me that it was illegal to film or something. I can't 23 remember specifically, but it was generally that type 24 of thing. He came across one of my videos where a 25 police office was behaving badly and he published it Page 18 I to Photography Is Not A Crime. 2 Q How many contributions have you made to 3 Photography Is Not A Crime? 4 A I cannot recall how many. I don't know. 5 Q Can you give me a ballpark; are you talking 6 ten, or a hundred, or a thousand? 7 A An approximate number, a ballpark number, 15 8 videos, stories, that he has written about. 9 Q Do you have an archive of those videos that 10 you have contributed to Photography Is Not A Crime? 1 I A I do. 12 Q Do you get paid for those contributions? 13 A No. 14 MR. TAYLOR: Objection. 15 BY MR. WELLS: 16 Q You also indicated that you are involved in 17 activism related to transparency in government. 18 A Correct. 19 Q Tell me what you mean by that. 20 A Transparency in government, basically what 21 it boils down to is the right to film public officials 22 while they're performing their official duties; public 23 records access, to be able to access public records, 24 like with the public entities, to make sure that they 25 are upholding our right to access public records, our Page 5 (Pages 17-20) Page 19 1 right to know. That's the two main things of it. 2 (The following question was certified) 3 BY MR. WELLS: 4 Q Do you receive any income from either your 5 journalistic events with Photography Is Not A Crime, 6 or your mission of Transparency In Government? 7 MIL TAYLOR: Objection. Irrelevant. 8 BY MR. WELLS: 9 Q You can answer. 10 A I believe that is irrelevant. I I Q With all due respect, that's not your call, 12 Mr. Gray. 13 MR. TAYLOR: If he feels that ifs 14 irrelevant, that's his answer. He's certainly 15 free to answer the question. You may not get the 16 answer that you want, but if he feels that's 17 irrelevant— I8 MR. WELLS: Mr. Taylor, how many depositions 19 have you been involved in? 20 MR. TAYLOR: I think that's irrelevant too. 21 It doesn't matter how many I've been involved 22 in. 23 MR. WELLS: Certify the question. 24 And be advised that if the judge overrules 25 the objection one of you will pay the cost of Page 20 I this deposition. Okay? 2 MR. TAYLOR: That's not necessarily — the 3 judge makes that determination. Carty on. 4 BY MR. WELLS: 5 Q Have you filed income tax returns for the 6 last — since 2000? 7 A Yes. 8 Q Is your wife employed outside the home? 9 MR.TAYLOR: Objection. Irrelevant. to THE WITNESS: I believe that's irrelevant. I I 1 don't see how that has anything to do with the 12 case. 13 BY MR. WELLS: 14 Q One more time, Mr. Gray, that's not your 15 call nor your attomey's. If he's instructing you not 16 to answer, that's different, but then he bears the 17 burden of that instruction. 18 MR. WELLS: Are you instructing him not to 19 answer? 20 MR. TAYLOR: I made my objection and he's 21 made his call on that; he's chosen not to 22 answer. I can't make him give you the answer 23 that you want. If you're asking again, I would 24 object to it as asked and answered 25 MR. WELLS: Mr. Taylor, may I make a Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 6 (Pages 21-24) Page 23 MR. WELLS: We are. Your Honor, on behalf of the Defendant, Practice Academic Cultural Education Center for Girls — we call PACE —1 am deposing the Plaintiff, Mr. Gray. We really havejust gotten started and I started asking questions about his sources of income or whether he has received income from certain sources. And I also asked a question about whether his wife is employed outside the home. And Mr. Taylor objected on the basis of relevance, not on the basis of form. Whereupon, Mr. Gray testified that he did not believe the questions were relevant and would decline to answer. THE COURT: All right. MR. WELLS: And it's our position that in a deposition relevance is not an issue. So before we -- before I go much further and encounter further similar objections, 1 thought it might be best to get a ruling from the Court. THE COURT: And Mr. Taylor, what would your response to Mr. Wells be? MR. TAYLOR: My response, Your Honor, is I made my objection based on relevance. As you know, the point of a deposition is to get Page 24 essentially all information or all discovery that might lead to discoverable or admissible evidence. I objected based on the fact that we feel that's irrelevant, how much, if anything, is made for any public records request. It's a constitutional right. It's obviously guaranteed in our constitution, it's a right per Chapter 119. Mr. Gray has, in his opinion, answered that it's irrelevant. As you know, I guess — I mean, I can't instruct him to give a certain answer if there is an objection. He does have to answer, yes. It's undisputed, Your Honor. But I can't instruct him to give a specific answer; I can only instruct him that he has to answer the question. Even if I do object, to instruct him to give a specific answer would be improper and it essentially would be my testimony instead of his. So that's my position, is that it's improper. THE COURT: I'm a little confused. By no means am I going to order a witness to answer a question in a certain way because obviously, you know, discovery is a seek for the truth, to obtain information. So I have absolutely no Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 21 1 suggestion that you call one of your partners and 1 2 ask them if the way you're proceeding is the 2 3 appropriate way to proceed? I don't want to 3 4 disrupt the deposition. I don't want to 4 5 terminate it, but I'm not going to go through the 5 6 deposition and have you all answer it's not 6 7 relevant. 7 8 MR. TAYLOR: I'm simply making an objection 8 9 for the record. 9 10 MR. WELLS: You need to instruct your client 10 I I to answer the question unless you're instructing 11 12 him notto. 12 13 MR. TAYLOR: He's answered your question. I 13 14 can't — I don't know what you want me to do. 14 15 MR. WELLS: I want you to tell him to give 15 16 the factual information that I'm asking unless 16 17 you tell him not to answer. 17 18 MR. TAYLOR: I'm not telling him not to 18 19 answer. He's answered your question. I can't 19 20 make him give you the answer that you want him to 20 21 give you. I can't do that. That would 21 22 essentially be me testifying. I'm not the one 22 23 being deposed here. I mean, if you disagree, 23 24 you're free to go to Court and get a motion, you 24 25 know, to compel, but — I mean, I'm perplexed at 25 Page 6 (Pages 21-24) Page 23 MR. WELLS: We are. Your Honor, on behalf of the Defendant, Practice Academic Cultural Education Center for Girls — we call PACE —1 am deposing the Plaintiff, Mr. Gray. We really havejust gotten started and I started asking questions about his sources of income or whether he has received income from certain sources. And I also asked a question about whether his wife is employed outside the home. And Mr. Taylor objected on the basis of relevance, not on the basis of form. Whereupon, Mr. Gray testified that he did not believe the questions were relevant and would decline to answer. THE COURT: All right. MR. WELLS: And it's our position that in a deposition relevance is not an issue. So before we -- before I go much further and encounter further similar objections, 1 thought it might be best to get a ruling from the Court. THE COURT: And Mr. Taylor, what would your response to Mr. Wells be? MR. TAYLOR: My response, Your Honor, is I made my objection based on relevance. As you know, the point of a deposition is to get Page 24 essentially all information or all discovery that might lead to discoverable or admissible evidence. I objected based on the fact that we feel that's irrelevant, how much, if anything, is made for any public records request. It's a constitutional right. It's obviously guaranteed in our constitution, it's a right per Chapter 119. Mr. Gray has, in his opinion, answered that it's irrelevant. As you know, I guess — I mean, I can't instruct him to give a certain answer if there is an objection. He does have to answer, yes. It's undisputed, Your Honor. But I can't instruct him to give a specific answer; I can only instruct him that he has to answer the question. Even if I do object, to instruct him to give a specific answer would be improper and it essentially would be my testimony instead of his. So that's my position, is that it's improper. THE COURT: I'm a little confused. By no means am I going to order a witness to answer a question in a certain way because obviously, you know, discovery is a seek for the truth, to obtain information. So I have absolutely no Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 22 1 what you want me to do. I can't make him give 1 2 you the answer that you want, He's answered the 2 3 question the way he's answered it. 3 4 MR. WELLS: For the record, we are 4 5 attempting to reach Judge Norton to obtain a 5 6 ruling on the declination of Mr. Grey to answer 6 7 certain questions. 7 8 (Phone call was placed to Judge Norton.) 8 9 THE COURT: Hello. 9 10 MR. WELLS: Judge Norton. 10 I 1 THE COURT: How are you? 11 12 MR. WELLS: I'm fine. Thank you. How are 12 13 you? 13 14 THE COURT: I'm good. I have Mr. Wells and 14 15 Mr. Taylor on the phone? 15 16 MR. WELLS: Yes, you do. 16 17 THE COURT: Just to let you all know, I 17 18 pulled the case up and read — skimmed super fast 18 19 the complaint and the answer. I guess this is a 19 20 public records case or a Chapter 119? 20 21 MR. TAYLOR: That's correct. 21 22 MR. WELLS: That's correct, Your Honor. 22 23 THE COURT: Are y'all in the deposition, I 23 24 understand, right now? 24 25 MR. TAYLOR: Yes, ma'am. 25 Page 6 (Pages 21-24) Page 23 MR. WELLS: We are. Your Honor, on behalf of the Defendant, Practice Academic Cultural Education Center for Girls — we call PACE —1 am deposing the Plaintiff, Mr. Gray. We really havejust gotten started and I started asking questions about his sources of income or whether he has received income from certain sources. And I also asked a question about whether his wife is employed outside the home. And Mr. Taylor objected on the basis of relevance, not on the basis of form. Whereupon, Mr. Gray testified that he did not believe the questions were relevant and would decline to answer. THE COURT: All right. MR. WELLS: And it's our position that in a deposition relevance is not an issue. So before we -- before I go much further and encounter further similar objections, 1 thought it might be best to get a ruling from the Court. THE COURT: And Mr. Taylor, what would your response to Mr. Wells be? MR. TAYLOR: My response, Your Honor, is I made my objection based on relevance. As you know, the point of a deposition is to get Page 24 essentially all information or all discovery that might lead to discoverable or admissible evidence. I objected based on the fact that we feel that's irrelevant, how much, if anything, is made for any public records request. It's a constitutional right. It's obviously guaranteed in our constitution, it's a right per Chapter 119. Mr. Gray has, in his opinion, answered that it's irrelevant. As you know, I guess — I mean, I can't instruct him to give a certain answer if there is an objection. He does have to answer, yes. It's undisputed, Your Honor. But I can't instruct him to give a specific answer; I can only instruct him that he has to answer the question. Even if I do object, to instruct him to give a specific answer would be improper and it essentially would be my testimony instead of his. So that's my position, is that it's improper. THE COURT: I'm a little confused. By no means am I going to order a witness to answer a question in a certain way because obviously, you know, discovery is a seek for the truth, to obtain information. So I have absolutely no Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 25 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 I8 19 20 23 24 25 Page 25 interest in instructing Mr. Gray to answer — and I'm having a hard time hearing you too, sir, but I just want to let you know by no means am I planning to tell Mr. Gray, Hey, you have to answer this question in a certain way. And that's why I'm a little confused, sir, by your response. MR. TAYLOR: By — I'm song. By my response, Your Honor? THE COURT: You seem to be under the impression — I mean, obviously there's a differece between saying to Mr. Gray, Please answer the question for Mr. Wells versus — maybe I'm not understanding you, but you went into this dissertation about how I can't control what the witness says. And that's where I'm confused because I don't think anyone is trying to get you to tell Mr. Gray what to say. I think the issue is: Does Mr. Gray have to truthfully answer the question? I'm just a little confused, sir, by what you're saying. MR. TAYLOR: What ran essentially saying, Your Honor — and I'm sorry for the confusion — THE COURT: That's okay. MR. TAYLOR: — but what I'm saying is that Page 26 I made my objection and — I objected and Mr. Gray did answer the question, but he feels that — THE COURT: Who is he? MR. TAYLOR: Mr. Gray, my client. Mr. Gray feels that his answer — this is not verbatim — but he's saying that's not relevant and I choose not to answer that question. And I guess the issue here is whether that is an appropriate response by Mr. Gray under the circumstances. THE COURT: Well, Mr. Gray, is Mr. Gray a member of the Florida Bar? MR. TAYLOR: He is not. THE COURT: And you am his counsel of record? MR. TAYLOR: That is correct THE COURT: Let me just tell you how I look at discovery. I think that Mr. Wells has — I would agree with him on this issue of relevancy at this point. Obviously, I'll reserve for another day to determine if this line of questions — if that type of information would be admissible at trial because obviously things that can be discovered that ultimately the judge may Page 7 (Pages 25-28) Page 27 1 make the determination may not be appropriate to 2 be admitted in front of either myself or a bench 3 trial or in front of a jury at some poinL 4 Now I am a little concerned that Mr. Gray 5 is, you know, taking on a quasi legal role here 6 in objecting. 1 mean, that's obviously 7 inappropriate. Do you believe we need to get 8 Mr. Gray in here for part of this dialogue so 9 he'll understand what the Judge's mlings is, or 10 do you think, Mr. Taylor, you can appropriately I1 communicate that to him? 12 MR. TAYLOR: 1 was going to say Mr. Gray is 13 right here. 14 THE COURT: Oh, I didn't know he was there. is Hi, Mr. Gray. I didn't know you were there. I'm 16 Judge Norton. I hope you're having a good day. 17 THE WITNESS: Hi, Judge. How are you? I'm 18 having a good day. 19 THE COURT: I'm good, I'm good. So what 1 20 just need to do, Mr. Gray, you've heard my 21 ruling. I'm glad you were in there. And 1 22 just — from what — you know, if at some 23 point — Pm going to be here all afternoon — if 24 at some point there's another line of questioning 25 that you find inappropriate, I'm happy to talk to Page 28 I everyone. But right now, those are fair 2 questions. And then ultimately I will make the 3 decision later whether or not they're 4 admissible. But Mr. Gray, from the questions 5 that Mr. Wells has told me, sir, you do need to 6 answer those questions, please. All right? 7 THE WITNESS: Okay. Understood. 8 THE COURT: I'll be here all afternoon. 9 This is my job, to handle things like this, so 10 give me a call if you need me. Okay? I I THE WITNESS: okay. Thank you. 12 MR. WELLS: Thank you very much, Your 13 Honor. 14 THE COURT: Have a great day. I'm going to 15 hang up. Bye-bye. 16 (Phone call ended.) 17 BY MR. WELLS: is Q Mr. Gray, given Judge Norton's rulings, let 19 me pose the question one more time. From your 20 activities with Photography Is Not A Crime and your 21 activities seeking Transparency In Government, have 22 you derived any income? 23 A I have not derived any income from 24 Photography Is Not A Crime. I have derived income 25 from my YouTube channel. Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 29 1 Q From what? 2 A YouTube channel. 3 Q Honor Your Oath? 4 A Correct. 5 Q Have you derived any income from any of the 6 activities in seeking public records? 7 A Have I derived any income from — no. 8 Q Your YouTube site, Honor Your Oath — 9 A Yes, sir. 10 Q — how do you derive income from that? I1 A Through monetization of the videos. 12 Q Do you sell those; do people access them; do 13 they pay a fee? 14 A When you monetize a video on YouTube, what 15 you do is, when you publish it, you can click on the 16 selection that gives you the opportunity to monetize 17 videos. I click on that and ask YouTube to monetize 18 it for me. If they approve the video for 19 monetization, what they do is they overlay ads on the 20 videos. And then you get a percentage per view of the 21 ads. 22 Q So when somebody clicks on that YouTube 23 site, if you will, and YouTube is running ads for each 24 person who views that site, YouTube sends you a 25 percentage — or some money? Page 30 1 A Per views, yes. It's a certain 2 percentage — Pm not sure exactly what the percentage 3 is — per view. 4 Q And you've been doing that since October of 5 20137 6 A No. I've been doing that — I can't recall 7 exactly when I started monetizing videos. Sometime in 8 2013 is when I started monetizing them. 9 Q My question was poor and I apologize. That 10 has been your sole source of income since October of II 2013? 12 A My sole source of income since October of 13 2013? No. 14 Q What other sources of income have you had 15 since you left Winn-Dixie? 16 A When I left Winn-Dixie, I cashed in my 17 401(k) and I lived off that for awhile. And i also, 18 through public records requests, I do receive 19 settlements. 20 Q You receive settlements? 21 A Yes. 22 Q From whom? 23 A Whatever vendor that I sue. 24 Q Whatever vendor you sue? 25 A Yes. Page 8 (Pages 29-32) Page 31 1 Q Are the settlements paid to you, or are they 2 paid to your attorneys and then from the attorneys to 3 you? 4 A They are paid to the attorneys and then to 5 me. 6 Q Okay. Is that — are those settlements a 7 percentage of what the attorneys get? 8 MR. TAYLOR: I would have to object to 9 that. That has to do with our —any fee 10 agreements that we have and that's 1 I attomey/client privilege. So I have to instruct 12 him — 13 MR WELLS: You're seeking attorneys' fees 14 in this case, so it's not privileged. 15 MR. TAYLOR: But you're talking about fees 16 in the past There's been no settlement here. 17 So, again, you're asking him whether there was a 18 settlement in the past and the percentage that — 19 MR. WELLS: No. I'm asking if his source of 20 income from these settlements is a percentage. 21 He's already said that the fees come from you. 22 (The following question was certified.) 23 BY MR. WELLS: 24 Q Do the —the complaint that you filed in 25 this case against PACE does not seek damages; it only Page 32 I seeks attorneys' fees. Do you get — in these 2 lawsuits that you filed, do you get a portion of the 3 attorneys' fees that are paid to your attorneys? 4 MIR. TAYLOR: Again, I would have to object. 5 That has to do with our fee agreements. That's 6 attorney/client privilege. 7 MR. WELLS: Are you instructing him on that 8 one? 9 MR. TAYLOR: I am on that one. Yes. 10 MR. WELLS: Certify the question, if you II would. 12 BY MR WELLS: 13 Q I had also asked you if your wife was 14 employed outside the home. 15 A Are you saying is she employed outside the 16 home? 17 Q Yes. 18 A No. 19 Q Does she work in the home other than in her 20 role as a wife and mother? 21 A She sells items on Ebay. Other than that, 22 no. 23 Q Okay. Is she involved in any way in your 24 contributions to Photography Is Not A Crime or your 25 Transparency In Government activities? Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 33 I A No. Other than just being my wife and 2 supporting me, no. 3 Q Does she ever accompany you on any trip you 4 make to request public records? 5 A Not that I recall 6 Q Was there anything in your employment with 7 Winn-Dixie that caused you to leave as opposed to your 8 wanting to make contributions to Photography Is Not A 9 Crime and Transparency In Government? 10 A I'm not sure what you mean by that. 11 Q Did you have any issues on the job, any 12 issues with your supervisor, any complaints about your 13 work at Winn-Dixie? 14 A No. I left on good terns. 15 Q Sir? 16 A I left on good terns. 17 Q Again, my question is: Did you have any 18 issues at work? You may have left on good terms, but 19 did you have problems on the job in any way? 20 A No. 21 Q You've mentioned that you randomly find 22 police officers behaving badly. Have you ever been 23 arrested? 24 A 1've been arrested twice. 25 Q Where? Page 34 1 A I was arrested in Brevard County and I was 2 arrested in Bradford County. I believe that's where 3 Lawtey is. I was arrested by the Lawtey Police 4 DepartmenL 5 Q Have you ever been convicted of any crime — 6 A No. 7 Q — other than minor traffic offenses? 8 A No. 9 Q Were the arrests in Brevard County and in to Lawtey related to your filming police officers? 1 I A Yes, they were. 12 Q Was the filming of your own arrest posted or 13 sent to whatever — Photography Is Not A Crime? 14 A It was — I post my videos on YouTube. And IS if Carlos Miller is interested in the videos, he'll 16 contact me and ask me if he can publish them on 17 Photography Is Not A Crime, so he just gets the link 18 off the YouTube. 19 Q Do you know Mr. Miller's address? 20 A I don't know his address off the top of my 21 head. 22 Q Do you know an email address for him off the 23 top of your head? 24 A No. I have it on my phone. I can get it 25 off my phone. Page 9 (Pages 33-36) Page 35 1 Q If you don't mind. 2 A It is carlosmiller— all one word - 3 c-a-r-I-o-s-m-i-I-1-e-r@magiccity. It's 4 @magiccitymedia. 5 Q Magiccity@magiccitymedia? 6 A Yes. 7 Q Thank you. Okay. Mr. Gory, in addition to 8 the lawsuit you have filed against my client, 9 Practical Academic Cultural Education Center for to Girls, Inc. — is it okay with you if we refer to that 11 as PACE — 12 A Yes. 13 Q -- so that throughout the deposition, if 1 14 refer to PACE, you'll know I'm referring to that is entity, okay? 16 A Understood. 17 Q In addition to your lawsuit against PACE, 18 have you filed suits against any other entities 19 related to your transparency in government mission? 20 MR TAYLOR: Objection to form. 21 THE WITNESS: Yes, I have. 22 BY MR. WELLS: 23 Q Do you know how many? 24 A I don't recall how many, no, not off the top 25 of my head. Page 36 I Q Can you give an estimate somewhere; is it 2 10,20,30,40? 3 A An estimate, 30. 4 Q Okay. Do you recall the date — approximate 5 date of the first one that was filed in your name? 6 A Do I recall the approximate date of the 7 first one that was filed in my name? No, I don't. 8 Q To your knowledge, have all of the 9 approximate 30 lawsuits that you have filed been filed to in calendar year 2014? 11 A Yes. 12 Q Can you tell me approximately how many you 13 have filed in Duval County? 14 A Approximately in Duval County? Is Approximately eight. I don't have that information in 16 front of me. 17 Q You reside in SL Johns County. Have you 18 filed any there? 19 A In St. Johns County? No. 20 Q Can you tell me what other counties besides 21 Duval you have filed lawsuits in? 22 A Ones that— let's see. I know that l've 23 filed in Duval. I know that I've filed in Broward 24 County. No; I can't recall off the top of my head. 25 Q You say you filed in Duval and you think you Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 37 1 filed in Bmward? 2 A Yes. 3 Q Do you know if you filed any in Flagler 4 County immediately south of St. Johns? 5 A I'm not sure. rm not sure which ones 1 6 filed. I would have to access my information. 1 7 don't have that with me, my files. 8 Q Okay. Are the lawsuits that you have 9 filed — approximately 30, all in calendar year 10 2014 -- based on your personal visit to offices where 11 requests for public records are made? 12 A Yes. 13 Q So all of the lawsuits you filed involve 14 requests for public records? 15 A Yes. 16 Q Other than public records lawsuits, have you 17 filed any other lawsuits in the calendar year 2014? 18 A Not that I recall, no. 19 Q Have you been involved in any lawsuits at 20 my time in the last ten years other than the public 21 records lawsuits that you've identified? 22 A No. 23 Q Now you indicated earlier that the contract 24 that you had reviewed in connection with PACE you 25 believe was from the Department of Children and Family Page 38 1 Services or something like that. Do you know how many 2 of your lawsuits involve that particular agency? 3 A Not that I recall, not specifically; no, not 4 off the top of my head. 5 Q Do you know the names of any other agencies 6 who had contracts with entities, such as PACE or other 7 entities, which formed the basis of your lawsuits? 8 A You're speaking agencies, the state 9 agencies? 10 Q Yes. 11 A I filed with agencies of FDOT, Department of 12 Children and Families, Department of Health. 13 Q Okay. 14 A That's the ones I can think of right now 15 that I filed. 16 Q Okay. Let me go back a moment. Your 17 decision to leave Winn-Dixie and to get involved in 18 journalism, with Photography Is Not A Crime and 19 transparency in government, was there some type of 20 event or circumstance that led you to do that, 21 something that happened to you or that happened to 22 someone else that you were close to? 23 A No. Just the passion that I have for the 24 activism that I'm pursuing, the accountability of 25 government. Page 10 (Pages 37-40) Page 39 1 Q Okay. It's just something thatjust 2 developed naturally? 3 A Yeah. Civil rights, access to public 4 records and transparency in government, the right to 5 film government officials. 6 Q I guess perhaps another way to ask it is: 7 Were you attempting to either obtain a public record 8 or film a government official and you were restricted 9 in some fashion and that led you to want to do this on 10 a full-time basis? I I MR. TAYLOR: Objection. Asked and answered. 12 THE WITNESS: I'm sorry. 13 MR. TAYLOR: My objection was asked and 14 answered. 15 THE WITNESS: There was no specific event, 16 no. Just like I said, it's just general — you 17 know, the right to know what's going on in is government, the right to film government 19 officials doing their jobs and transparency and 20 accountability, where the money is going, what's 21 going on with it. 22 BY MR. WELLS: 23 Q Were you involved in those activities prior 24 to your departure from Winn-Dixie? 25 A Yes. Page 40 1 Q For how long? 2 A I started my YouTube channel in 2011. And 3 that's about how long, since about 2011, so my 4 activities started roughly the some time that my 5 YouTube channel started, 2011. 1 believe it was 6 January of 2011. 7 Q And your YouTube channel is Honor Your Oath? 8 A That's correct. 9 Q And you can think of no event or 10 circumstance that led you to start that other than I 1 your interest in government responsibility? 12 MR TAYLOR: Again, objection. Asked and 13 answered 14 THE WITNESS: Yes. 15 BY MR WELLS: 16 Q Pardon me? 17 A Yeah. Just general. 18 Q I've asked you about a number of lawsuits. 19 Is Mr. Gray — Mr. Taylor's firm representing you in 20 all of those lawsuits? 21 A No. 22 Q Of the approximately 30 that you think you 23 may have filed, how many is his law firm involved in? 24 A Approximately — approximately 25 to 30. 25 Q How many other law frons are representing Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 41 I you in your public records litigation? 2 A One other law firm is representing me. 3 Q And who would that be? 4 A That would the Abraham Shakfeh Law Finn. 5 Q Where is he located, or that law firm —is 6 that one name? 7 A Abraham is his first name. Shakfeh is his 8 last name. 9 Q Abraham Shakfeh is the name of an 10 individual? Il A Correct. 12 Q Can you spell Shakfeh for this lady? 13 A Just a second. Shakveeh (sic) is spelled 14 S -h -a -k -v -a -e -h. 15 Q S -h -a -k -v- — 16 A E -e -h. 17 Q Okay. Thank you. Other than Mr. Taylor, is 18 there anybody in the O'Boyle Law Finn that is working 19 with you on any of these cases? 20 A Yes. 21 Q Who would that be? 22 A Giovanni Mason. 23 Q Did you approach the O'Boyle Firm to 24 represent you, or did they approach you? 25 A I approached them. Page 42 1 Q How did you know about the O'Boyle Law Firm? 2 A How did 1 know about the O'Boyle Law Finn? 3 Through a friend of mine. 4 Q Who is that? 5 A Joel Chandler. 6 Q How do you know Joel Chandler? 7 A Joel Chandler is a good fiend of mine. He 8 is equally passionate about open government, open 9 records transparency. 10 Q I apologize. Did you give me the name of 11 somebody else in the O'Boyle Law Firm? 12 A Giovanni Mason. 13 Q Okay. You did. I'm sorry. Do you know, 14 between Mr. Taylor and Mr. Mason, how many lawsuits 15 they are representing you on; how many is Mr. Taylor 16 representing you and how many Mr. Mason is 17 representing you? 18 A I do not I don't know specifically. 19 Q Do you request a specific attorney? 20 A No, I do not 21 Q Who else in the O'Boyle Law Firm have you 22 communicated with? 23 A Who else in the — the receptionist, 24 Beth Ranaly; Nick Taylor, Giovanni Mason; Bill Rayne 25 (phonetic). Page 11 (Pages 41-44) Page 43 1 Q You said Rayne. Is that Ring? 2 A Rayne. I'm not sure how to spell his last 3 name. Bill Rayne. 4 Q Anyone else? 5 A There are, but I can't recall their names. 6 Q Have you been to the offices of the O'Boyle 7 Law Finn? 8 A I have. 9 Q How many times? 10 A Three, maybe four times. I1 Q In your lawsuit that you filed against PACE, 12 one of the claims you're making is for attorneys' 13 fees. You've indicated earlier that you get some 14 income from the settlements. Do you know of any of 15 the lawsuits filed on your behalf in which you have 16 sought damages for yourself other than through 17 attomeys' fees? 18 A Yes. 19 Q Which ones? 20 A I can't recall specifically which ones off 21 the top of my head. I'm not sure which ones; I'm not 22 sure. I would have to have my files in front of me to 23 be able to see that. 24 Q Okay. So you have a file with all of the 25 lawsuits in them? Page 44 1 A Yes, yes. 2 Q You maintain that file in St. Augustine? 3 A I do. 4 Q And so you believe that in that file you 5 have a copy of each complaint in which you have sought 6 damages for yourself that's set forth in those 7 complaints? 8 A Yes. I believe so. 9 Q Okay. Do you have a written fee agreement 10 with the O'Boyle Law Firm and Mr. Shakfeh? I I A I have a written fee agreement with Shakfeb 12 and I do with — yes — O'Boyle. 13 Q Is that for each lawsuit, or is that just a 14 standard fee agreement? 15 A It is a standard fee agreement. 16 Q So you don't have approximately 30 different 17 fee agreements with them? is A No. 19 (rhe following question was certified.) 20 BY MR. WELLS: 21 Q Is your arrangement with your attorneys on 22 an hourly basis? 23 MR. TAYLOR: I would object to that 24 Whether it is or not, that's attomey/client 25 privilege. It has to do with our fee agreement Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 45 I with Mr. Gray. 2 MR. WELLS: W. Taylor, you're seeking 3 attorneys' fees in this case. And in order to 4 prove any attorneys' fees, you're going to have 5 to prove how you get them. So if you want to 6 object now and instruct him not to answer, that's 7 fine, but we will then object to your seeking 8 attorneys' fees in the unlikely event you prevail 9 in this case. 10 MR. TAYLOR: The attomeys' fees are II provided for by Chapter 119. But that aside, 12 yes; I am instructing my client not to answer 13 based on the fact we object based on 14 attomey/client privilege. 15 MR. WELLS: Okay. Would you certify that 16 question? 17 BY MR. WELLS: is Q In connection with — strike that. Of the 19 approximately 30 lawsuits that you have filed, you've 20 indicated this is the first deposition you've ever 21 given. 22 A That's correct. 23 Q So do I assume from that that you have not 24 given a deposition in any of those other cases? 25 A No, I have not. Page 46 1 Q Have any of those other cases gone to trial? 2 A No. 3 Q Of the approximately 30 cases that have been 4 filed on your behalf, can you tell me approximately 5 how many of them have settled? 6 A Approximately how many of them settled? 7 Approximately — I'd say about six — between six and 8 eight have settled. 9 Q In Duval County, can you tell me — I think 10 you said approximately eight have been filed here. 11 Can you tell me how many in Duval County have settled? 12 A Duval County? Two. 13 Q Okay. Does your — strike that In 14 connection with any of the lawsuits that you have 15 filed in which the O'Boyle Firm has represented you, 16 have you made payment for attorneys' fees to the firm? 17 A No. 18 Q Of those cases that have settled, can you 19 tell me how many of them involve claims by you for 20 damages other than for attorneys' fees? 21 A rm sorry. 22 Q Of those cases you believe have settled, can 23 you tell how many of them settled with a payment of 24 damages to you as opposed to a settlement based on 25 attorneys' fees? Page 12 (Pages 45-48) Page 47 1 A I don't recall specifically, no. 2 Q In connection with your activities and 3 seeking public records from different entities, aside 4 from whatever payments you may get out of the 5 settlements, do you get reimbursed for any expenses? 6 A No. 7 Q You don't get mileage or airfare — 8 A No. 9 Q — or anything like that? How arethe 10 payments that you get from the settlements — strike I I that How do you document payments you get from these 12 settlements? 13 A How do I document? 14 Q Yes, sir. Do you have Quickbooks; do you 15 have any kind of ajoumal; do you have a ledger that 16 you maintain records of whatever you receive? 17 A My recardkeeping is pretty sloppy, to be 18 honest with you. I have a folder at home when 1 keep 19 the check and I just write down which vendor settled 20 and I put it in a folder. 21 Q Okay. Are your activities in seeking public 22 records bum different agencies -- and I think you 23 used the word vendors — do you work with someone? 24 You mentioned Mr. Covenant. Is there anybody else 25 other than Mr. Covenant that you worked with when Page 48 1 you - 2 A What you do mean by work with? 3 Q When you go to an agency or to a vendor, are 4 you always accompanied by someone? 5 A Not always, no. 6 Q What percentage of the casts that you've 7 been involved in have you been accompanied by someone? 8 A A percentage? I would say the majority of 9 the cases that I've been involved in someone is 10 usually with me. 11 Q Okay. Of those in which you have been 12 accompanied, how marry of those have been Mr. Covenant? 13 A I don't know. I haven't kept track of that. 14 Q Where does Mr. Covenant live? 15 A He lives in Jacksonville. 16 Q Do you know his address? 17 A It's one of thane things I know when be 18 lives, but I dont know his street address. No, sir, 19 I do not 20 Q Is there anyone in the Jacksonville area, 21 other than Mr. Covenant, who has accompanied you on 22 any of you trips in which you have requested public 23 records? 24 A In the Jacksonville area? Not that I 25 recall. Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 49 1 Q Can you give me the name of anyone else in 2 any other area who has accompanied you on your trips 3 for requests for public records? 4 A In any other area? Joel Chandler, 5 Carlos Miller. 6 Q Okay. Where does Mr. Chandler live? 7 A Mr. Chandler lives in Lakeland, Florida. 8 Q To your knowledge, do individuals like 9 Mister — stoke that. On any of the public records 10 requests that you have been on, has the interaction I 1 with the government agency or vendor been by you 12 primarily, or are there occasions in which 13 Mr. Covenant or Mr. Chandler or Mr. Miller has 14 actually made some public records requests? 15 A The majority of the time, it is usually 16 myself or Joel Chandler. I believe Mr. Covenant has 17 requested records —1'm not sure how many times — 18 but it's usually Mr. Chandler or me that does the 19 public records request. 20 Q Has Mr. Chandler been involved in any public 21 records requests in Duval County? 22 A Yes. 23 Q Which one? 24 A I'm not for sure. You mean with me? 25 Q Yes, with you. Page 50 1 A Which one? I would have to access my 2 records to see which ones. He was not with me with 3 PACE. 4 Q What kind of records do you maintain that 5 would show you whether Mr. Chandler was with you on 6 any given occasion, or Mr. Covenant, or Mr. Miller? 7 A Well, the videos show whether he was with me 8 or not. 9 Q Videos, multiple? 10 A Yes. I l Q Do you video each request you make? 12 A I do. 13 Q Do you know if on those occasions in which 14 Mr. Covenant accompanies you but does not — is not 15 the one who actually makes the request, does 16 Mr. Covenant get some type of compensation for his 17 work? 18 A No. 19 Q Do you know if any lawsuits have been filed 20 in Mr. Covenant's name? 21 A I do not. No. 22 Q Do you know if any lawsuits have been filed 23 in Mr. Miller's name? 24 A Mr. Millet's name regarding public records 25 specifically? Page 13 (Pages 49-52) Page 51 I Q Yes. 2 A I do not. 3 Q Do you know if Mr. Chandler has been the 4 plaintiff in any cases of public records in which the 5 O'Boyle firm is representing him? 6 A I believe he has. Yes. 7 Q Speaking of Mr. Chandler, are you familiar 8 with the Citizens Awareness Foundation? 9 A Yes. to Q Okay. Do you play any role in the Citizens it Awareness Foundation? 12 A No. 13 Q You're not employed by the Citizens 14 Awareness Foundation? 15 A No. 16 Q You're not on the board of directors? 17 A No. 18 Q You're not a founder of Citizens Awareness? 19 A No. 20 Q You don't receive any compensation from 21 Citizens Awareness? 22 A No. 23 Q Is Mr. Chandler involved with Citizens 24 Awareness? 25 A I believe Mr. Chandler has resigned from Page 52 1 Citizens Awareness. 2 Q What did he resign from; was he employed by 3 Citizens Awareness or — 4 A I believe hewn employed, yes. 5 Q Do you know where the offices of Citizens 6 Awareness is? 7 A I do not. 8 Q Sir? 9 A Somewhere in Miami, I believe, Deerfield or 10 Miami. I I Q Have you ever been to those offices7 12 A No. I have not been to Citizens Awareness 13 offices, no. 14 Q I apologize. I'm old. My sight's good, but 15 my hearing's not very good. If you could speak up 16 just a little bit. 17 A I have not been to Citizens Awareness 18 offices as far as I know unless... 19 Q But you have been to the offices of the 20 O'Boyle Law Firm? 21 A RighL 22 Q Do you know who founded Citizens Awareness? 23 A The founder of Citizens Awareness? 24 A No. 25 Q Do you know anybody who does serve on the Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 53 1 board of directors of Citizens Awareness? 2 A Do I know anybody who serves on the board of 3 directors of Citizens Awareness? I don't know who the 4 board of directors are for Citizens Awareness. 5 Q And you currently have no agreements that 6 you're aware of with Citizens Awareness Foundation? 7 A No, no. 8 Q Have you ever had any type of agreement or 9 formal relationship with Citizens Awareness? 10 A No. it MR. WELLS: We'll take about a 10 -minute 12 break. 13 (Brief break.) 14 BY MR. WELLS: 15 Q I meant to ask you, Mr. Gray — you 16 indicated you were introduced to the O'Boyle Firm by 17 Mr. Chandler. 18 A Uh-huh. 19 Q How did you meet Mr. Chandler? 20 A I met Mr. Chandler at Firehouse Subs on 21 Beach Boulevard. We had — I had admired his work 22 with FOG Watch, Florida Open Government Watch. 23 Contacted him by email. He was in Jacksonville 24 visiting his brother, I believe is what it was. And 25 he admired my work and what I did on YouTube, so we Page 54 1 met at Firehouse Subs and had lunch. 2 Q When? 3 A When? About—1'miust not sure exactly 4 when it was, but it was 2013, around June of 2013 or 5 so. 6 Q Okay. Did Mr. Chandler ever suggest to you 7 that you leave Winn-Dixie and take up Photography Is 8 Not A Crime and transparency in government — 9 A No. 10 Q — as full-time — 11 A No. 12 Q Did Mr. Chandler introduce you to 13 Mr. Abraham Shakfeh? 14 A Yes. 15 Q Do you know if there's any type of 16 relationship or arrangement that you're aware of 17 between Mr. Shakfeb and the O'Boyle Firm? 18 A No. 19 Q You indicated that Mr. Chandler had resigned 20 from Citizens Awareness. 21 A Correct. 22 Q I may have asked you — if I did, I 23 apologize — do you know when? 24 A Do I know when? 25 Q Yes, sir. Page 14 (Pages 53-56) Page 55 1 A I believe — I m thinking it was last 2 month. It was sometime in July. I'm not sure exactly 3 when. 4 Q Do you know why he resigned? 5 A I'm not really sure why. 1 think he made a 6 statement on FOG Watch about it 7 Q On FOG Watch? 8 A Yes sit. 9 Q F -o -g W -a -t -c -h? 10 A It's an acronym for Florida Open Government 11 Q Okay. Did you read the statement he made on 12 FOG Watch? 13 A I did. I believe it said something about 14 there was differences, irreconcilable differences, I 15 believe, was what it was in the goals that were set 16 But other than that, I'm not really sure. 17 Q Irreconcilable differences in the goals that 18 were set? 19 A Yes. 20 Q Have you had any conversations with 21 Mr. Chandler about resigning from Citizens Awareness? 22 A No. 23 Q Were you aware, prior to his resignation, 24 that he was — that there were irreconcilable 25 differences? Page 56 I A No, not really, no. 2 Q How often did you and Mr. Chandler speak? 3 A How often did we speak? We'd speak, you 4 know, once every two weeks or something. 5 Q Before he resigned, did you speak every two 6 weeks or so? 7 A Yeah. 8 Q Since he's resigned, have you spoken every 9 two weeks or so? 10 A Yes. 11 Q And you've not had a conversation about why 12 he resigned? 13 A No. He doesn't really want to talk -- get 14 into any specifics about it or anything like that. 15 He's mentioned that he resigned, but he hasn't 16 expressed any details as to why or anything like that. 17 Q Do you know what he did with Citizens 18 Awareness Foundation? 19 A Mr. Chandler was — I believe he was the 20 chairman of Citizens Awareness Foundation. 21 Q Okay. Chairman? 22 A I believe so. rm not really sure. 23 Q Okay. I think you said you thought Citizens 24 Awareness was somewhere near Miami. 25 A Uh-huh. Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 57 1 Q And Mr. Chandler lives in Lakeland? 2 A Correct. 3 Q Did he go to the offices of Citizens 4 Awareness to work, or do you know? 5 A I believe he traveled, yes, between his home 6 and Miami. 7 Q Okay. Is Mr. Chandler, to your knowledge, 8 still involved in public records requests? 9 A Yes, he is. 10 Q Do you know if he is represented in any way 11 currently by the O'Boyle Firm? 12 A I do not know. 13 Q Do you know if he's represented currently by 14 Mr. Shakfah? t 5 A I do not know. 16 Q From reading the complaint in this case 17 involving PACE, I have gleaned from that that you 18 visit agencies or vendors, as you call them. Do you 19 consider PACE a vendor? 20 A Yes. 21 Q Okay. When you visit an agency ora vendor, 22 you generally have a contract -- 23 A Yes. 24 Q —of some sort that either the agency has 25 or the vendor has with an agency; is that correct? Page 58 1 A That's correct 2 Q Where do you get the contract? 3 A I get the contract offline from the 4 government website. 5 Q Which govenunent website? 6 A Man, I can't think of it right now. rm so 7 bad about this. I'm sorry. The CFO website, the e government website where this all — you get it from 9 the Attorney General website and the CFO website, just 10 go on there as a public record. 11 Q Do you get those, or does somebody get them 12 for you? 13 A I get them and sometimes Thomas gets them 14 for me. 15 Q Sometimes who? 16 A Thomas. 17 Q Thomas? 18 A Covenant. 19 Q So either you or Mr. Covenant does a search 20 online for government contracts — 21 A Uh-huh. 22 Q -- through various government agencies; is 23 that correct? 24 A Through various government — yes, yes. 25 Q No one provides you with those contracts? Page 15 (Pages 57-60) Page 59 1 A No. 2 Q Tell me how you do a search. How did you 3 fend the contract involving PACE? 4 A The contract involving PACE, Thomas found 5 it — Thomas Covenant found it He sent it to me by 6 email. And we looked at it and it was in 7 Jacksonville, so it was close by. Thomas found it for 8 me. 9 Q And he sent it to you by email? l0 A Correct. 11 Q Other than Mr. Covenant, has anyone else 12 ever assisted you in locating a contract with a state 13 agency or the vendor? 14 A Joel Chandler. 15 Q Anyone else? 16 A Not that I recall. Just Thomas and Joel. 17 Q Its your testimony today that nobody in the 18 O'Boyle Firm has assisted you in finding contracts 19 with the State of Florida? 20 A Nobody in the O'Boyle Firm has ever assisted 21 me in finding contracts in the State of Florida. 22 Q Has any attorney ever assisted you? 23 A No. 24 Q Nobody other than Mr. Covenant and 25 Mr. Chandler and you have been involved in identifying Page 60 1 and downloading contracts with state agencies? 2 A What do you mean by that? I mean, I don't 3 know if anybody else has done it 4 Q That you have utilized in your efforts? 5 A That's correct Just me, Thomas and Joel. 6 Q Okay. Did anybody tell you how to do that? 7 A Did anybody tell me how to do it? No. 8 Q Okay. It's just something you kind of 9 learned an your own? 10 A Yeah. 11 Q When you locate a contract with a government 12 agency, how do you determine what records are involved 13 in the contract? 14 A How do we determine what records are 15 involved in the contract? Specifically, with the 16 example of PACE, I look at the contract online, see if 17 the contract is active. We look for the public 18 records language in the contracL And if it says in 19 the public records language — if it says in the 20 public records language in the contract, if it says 21 that the vendor, as I call them, is subject to public 22 records, we decide to go do a public records request 23 Q Is it not you experience, in looking at 24 contracts with state agencies or any government 25 agency, that there's language in there requiring the Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 61 1 agency or the entity to comply with public records 2 law? 3 A Yes. It is — in the contract, it 4 specifically does state that they are required to 5 comply with the records language, if the 119 language 6 is there.' 7 Q So how do you determine what document you 8 want to request? 9 A How do I determine what document? lust 1 o whether its public record or not, if its a part of 1 I the contract; if it falls under the definition of 12 public records. 13 Q Okay. Does anyone assist you in determining 14 what document to request that may be part of a 15 contract that you have reviewed? 16 A Does anyone assist me? No. I made that 17 determination myself is Q So can you tell me how many government 19 contracts you have reviewed in calendar year 20147 20 A Celendaryear- 21 Q I'm not limiting it to state —any 22 governmental entity whatsoever. 23 A So you're talking about contracts between 24 the government — any agency and a vendor? 25 Q Well, its my understanding you don't limit Page 62 1 your public records request to vendors. 2 A Right 3 Q You go to government agencies and make 4 requests? 5 A Yeah. But the government agencies don't 6 have contracts. 7 Q But they have documents? 8 A Yeah, they have documents. I wasn't sure 9 what you mean. 10 Q For right now, well limit it. How many I I contracts have you reviewed that any government agency 12 has with a vendor, such as PACE, in calendar year 13 20147 14 A I would say approximately 50. 15 Q And of that approximate 50, you filed suit 16 on approximately 30? 17 A Approximately 30. is Q Okay. And you review —you have reviewed 19 all 50 of these contracts approximately to determine 20 if they're subject to Chapter 119? 21 A Correct 22 Q And you have reviewed approximately all 50 23 contracts in order to determine what documents to 24 request? 25 A No. I'm reviewing the contmctjust — Page 16 (Pages 61-64) Page 63 1 whether its subject to Chapter 119 or not. And the 2 contract don't necessarily, you know, help me 3 determine which record I want because it's whatever 4 falls under the definition of public records is what 5 I'll ask for. 6 MR. WELLS: Ms. Silverberg, would you read 7 that last question and response back? 8 (The last question and answer was read back.) 9 BY MR. WELLS: 10 Q I'm not sure I understand that, Mr. Gray. I I You get a contract that a vendor has with a government 12 agency; you download it? 13 A Uh-huh. 14 Q You get a hard copy? 15 A Correct. 16 Q And you review the contract to make sure -- 17 or to determine if there is a public records IS compliance requirement in the contract? 19 A CormcL 20 Q Then you take that contract to a vendor? 21 A If Pm determined to go to the vendor, yes; 22 typically, I will have the contract. I like to have 23 the contract in my hand. 24 Q So you make a determination that you're 25 going to go visit ABC vendor? Page 64 1 A Yes. 2 Q And you ask for what when you go to ABC 3 vendor? 4 A Just whatever comes in my mind when I'm 5 going in there, whatever is in relation — whatever 6 documents are created and are received in relation to 7 that contract that they have with the State. So it 8 could be anything from the signatory page of the 9 contract itself, if the contract requires — which 10 they all do — they all require that there be adequate I I liability insurance, I'll ask to inspect and 12 photograph a copy of the liability insurance 13 certificate. Sometimes I'll ask for the most recent 14 invoice. lust whatever records are created or 15 received in conjunction with the specific contract 16 that I'm visiting the vendor with. 17 Q Do you know anyone who uses the email name, 18 a -n -o -n -a -m -a, Anonama? 19 A Not that I recall, no. 20 Q Okay. 21 A What is it again, A -n — 22 Q A -n -o -n -a -m -a. Two words. 23 A No. 24 Q The answer to my preceding question was kind 25 of what I was looking for earlier. When you have Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 65 1 downloaded the contract and satisfied yourself that 2 Chapter 119 compliance is required, you then identify 3 something within the contract to ask the vendor for? 4 A Uh-huh. 5 Q How do you make the determination what to 6 ask for? 7 A How do I make the determination what to ask a for? Since I'm doing an in-person public records 9 request, what I typically do is I'll ask for the 10 absolutely easiest thing for the vendor to comply with 11 because I would like — like if I want to inspect and 12 photograph proof of liability insurance or the 13 signatory page of the contract, then I try to get the 14 easiest thing for them to comply with so that it 15 doesn't take a lot of effort on their part and I ask 16 for that 17 Q How do you make a determination as to what 18 is the easiest thing for the vendor to comply with? 19 A Whether or not they have to do a lot of work 20 to go get it, whether or not it's easily accessible, 21 whether or not there's any redactable information on 22 it that's required by Florida Statute 119, you know, 23 things like that. 24 Q But if you're not familiar with an agency or 25 a vendor, how do you know what's accessible? Page 66 1 A How do I know what's accessible? Based on 2 if it's created or received in relation to the 3 contract, the vendor contract. It's the public 4 records law. 5 Q How many of the 50 contracts — 6 approximately 50 contracts that you downloaded have 7 you actually visited an agency or vendor to request 8 documents from? 9 A Like I said, l believe there's been 30 m 40 10 that I've visited this year. I 1 Q And of the — and you said you sued 12 approximately 30? 13 A Uh-huh. 14 Q And you've visited approximately 30 to 40 of 15 them. Would it be fair to say you've sued almost 16 everyone you visited? 17 A About half to the majority of them, yes. A 18 little more than half, yes. Some of them comply. 19 Q Pardon mel 20 A Some of them comply with no problem. 21 Q Some of them comply what? 22 A With no problem. Some of them just comply 23 when you go in and ask for records. 24 Q Of the 30 or40 that you have visited of 25 your approximate 50 contracts you have downloaded, how Page 17 (Pages 65-68) Page 67 I many of those requests have been for some type of 2 proof of insurance? 3 A I would say the majority of them are for 4 proof of insurance. When I go in, that's the document 5 I typically ask for is the proof of liability 6 insurance. I like to check and see if they have the 7 insurance required by the contract. 8 Q Of those approximately 30 W40 vendors — 9 of the 30 to 40 you've mentioned, are they all vendors 10 like PACE? 11 A Correct 12 Q Of whatever number you have visited, did you 13 give any of them a call in advance? 14 A No. 15 Q Did you communicate with any of them at all 16 in any form in advance prior to visiting whatever 17 office you visited? 18 A No. 19 Q Is there a reason for that? 20 A No. 21 Q How do you determine which vendors you're 22 going to visit? 23 A How do I determine which vendors I'm going 24 to visit? Well, like I said earlier, I look at the 25 contract I determine whether the contract is Page 68 I active. And then if it's a vendor that I'm interested 2 in, to see — to see if I want to check to see if they 3 are maintaining liability insurance or they're keeping 4 their records like they're supposed to, FII just go 5 to them. 6 Q What makes you interested in any particular 7 vendor? 8 A Any particular vendor? Nothing really 9 specific. There's nothing that makes me interested in 10 anyone vendor over any other. I just want to go see 11 if the records are there. 12 Q Well, in your prior answer, you said, If 13 it's a vendor I'm interested in. 14 A A vendor I'm interested in. 15 Q What do you mean by that? 16 A What do 1 mean by that, a vendor I'm 17 interested in? I don't know. Something that would 18 make me interested is if I don't have to travel too 19 far to go to it, if it's in the local area. 20 Q How far is Broward County from here? 21 A Broward County is — I'm not sure. I don't 22 know the exact mileage. 23 Q Did you file any lawsuits in Dade County? 24 A In Dade County? I believe 1 have. 25 Q You haven't filed any in St. Johns, have Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 69 1 you? 2 A No. 3 Q Okay. Do you know if there are vendors or 4 state contracts in your home county? 5 A I'm sure thereare, but I haven't reviewed 6 any contracts that I can remember. 7 Q You haven't viewed any contracts between a 8 vendor and a state agency in St. Johns County; is that 9 correct? 10 A That's correct I I Q You've indicated that you have a file with 12 all the complaints that have been filed in your name? 13 A (Nods head.) 14 Q Is that a yes? 15 A I don't have all of them, no. I don't 16 have — because some of them, just quite frankly, have 17 not been sent to me. 18 Q They quite frankly what? 19 A They haven't been sent to me. I don't have 20 all of them, all of the complaints. 21 Q Okay. Do you maintain a log of each visit 22 you make to a vendor? 23 A Do I maintain a log? No. 24 Q Do you have a file of the contracts, these 25 approximately 50 contracts that you've downloaded and Page 70 1 viewed? 2 A No, not all of them. I have - typically, 3 if I have a video, I will put the contract in a file 4 with the video, I guess. 5 Q I thought I understood you to say earlier 6 that you had videced every visit you've made to 7 request public records. 8 A I have. 9 Q So I assume then, from your immediately t0 prior statement, that you got a contract with each 11 video for all the visits you've made. 12 A Yeah. But I don't save all my videos and I 13 don't save all my contracts. 14 Q Okay. 15 MR. WELLS: For the record, l would like 16 this to stand as a request for the preservation 17 of all evidence, specifically including videos, 18 that are still currently in existence or 19 obtainable. 20 BY MR. WELLS: 21 Q Have you deleted any videos? 22 A Yeah. 23 Q Do you know how many you have deleted? 24 A No. 25 Q Do you know of any particular agency or Page 18 (Pages 69-72) Page 71 I vendor where a video has been deleted? 2 A i have not deleted any videos where I have 3 filed suit on them. I do not delete — I have the 4 original video and the video that I put on YouTubc. 5 But other videos where I've gone into vendors and they 6 complied or they scheduled me to come back, I don't 7 keep every video that I record. 8 Q Scheduled you to come back. So there are 9 some vendors that have asked you to come back? 10 A Yes. U Q And do you do that? 12 A I have sometimes come back. Yes. 13 Q Why do they ask you to come back? 14 A They'll ask me to come back because maybe 15 the person is not there that has the contract, or the 16 person that's designated as the contract — the person 17 that's designated as the contact person. 18 Q Okay. So there are circumstances where the 19 person who might be in charge of the contract is not 20 available? 21 A Uh-huh. 22 Q Have you encountered situations where 23 whoever might be responsible for the contract or in 24 charge of the office or whatever is not available, 25 because of prior commitments, given the fact you Page 72 1 haven't given notice of your intent to visit? 2 A Yes. 3 Q In those situations, do you go back when the 4 person is available? 5 A Asa matter of fact, with PACE, I went 6 back. 1 went there and I requested it. They said 7 that the person was not available; Can you come back 8 later? I said, What time can you expect the contact 9 person to be there? And they said, Well, come back 10 later this afternoon. I can't remember exactly when I 1 it was. So I came back later that afternoon. 12 Q Did you video both visits? 13 A I don't recall if I videoed both visits or 14 not I don't recall. 15 Q Mr. Taylor has provided me, I think —1 16 really haven't looked at it — I think it's just one 17 episode, if I understand it. 18 A Uh-huh. 19 Q Is that a yes? 20 A Is that a yes about what? 21 Q There's only one episode? 22 A Yeah. 23 Q You only videoed one encounter, if you will, 24 at PACE? 25 A That's correct Yes. Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 73 I Q Do you lmow if the video you made at PACE 2 was of the fust visit or the second visit? 3 A It was the second visit. 4 Q The second visit? 5 A Yes. 6 Q Okay. When you visit a vendor, do you ask 7 for anyone in particular when you get there? 8 A Usually I try to ask for a person, if ies 9 what's listed on the contract, I try to ask for the to contact person that says the contact person where the 1 I administrative records are stored is and it will give 12 a name. And I'll typically try to ask for that 13 person, or the public records coordinator, or whoever 14 you guys have to handle public records requests. Is Q Did you do that with PACE? 16 A I don't recall specifically if I did. 1 17 would have to review the video again. I don't recall. 18 Q Why do you video what you're doing? 19 A Why do I video? To document the public 20 records request. 21 Q We refer to video. In whatever filming you 22 do, do you also include audio? 23 A Yes. 24 Q So what Mr. Taylor sent me is not only a 25 video of your encounter with the folks at PACE, but it Page 74 1 also includes audio? 2 THE WITNESS: Is that what you sent him? 3 MR. TAYLOR It was my understanding that 4 it's both. I'm saying it was — I'm showing what 5 we sent you was video and audio. If you didn't 6 get either one, we can certainly — 7 MR. WELLS: I have intentionally not — I 8 mean, I opened — I saw the bit about what it was 9 and then I shut it down because I wanted this to 10 be — I I MR. TAYLOR: Okay. Understood. 12 THE WITNESS: It's always — whenever I do 13 video, it's audio and video. 14 BY MR. WELLS: 15 Q Okay. And Mr. Covenant was with you? 16 A Yes. 17 Q Is he shown on the video that you make? 18 A He may or may not be. If he walks in front 19 of the camera 20 Q What kind of camera do you use when you 21 video? 22 A 1 use a Canon EOS camera because that's the 23 one that I also use to take a photo of the documenL 24 Q A Canon EOS, that has — and I'm totally 25 illiterate, okay — a Canon EOS has video and audio Page 19 (Pages 73-76) Page 75 1 capability? 2 A Correct. It looks like a still photo 3 camera, but it has — because that's what I use it 4 mainly for, is to photograph the documents also, and 5 it also has audio and video capability, yes. 6 Q Okay. Do you ever use any type of iPad, 7 mini pad, any kind of tablet kind of tiling? 8 A I will occasionally use my iPad, yes, if 9 its got — sometimes I don't have the contract to printed out and I'll just have the basic information I I about the contract: The contract, the vendor — the 12 contract number, the vendor, who the vendor has the 13 contract with. And so that's what I use the iPad for. 14 Q When you make a request for a document, 15 pursuant to public records request and you are 16 videoing with audio, do you notify whoever it is that 17 you're doing that? 18 A No. 19 Q Do you obtain their consent to do that? 20 A No. 21 Q Is there a reason why you do not? 22 A No. 23 Q I know you're represented by counsel, but 24 have you ever considered the legality of obtaining 25 video and audio of someone without obtaining their Page 76 I consent? 2 A The legality of it? I know the public — 3 I'm not an attorney or anything, but I know the public 4 records law has a statute about the right to 5 photograph the records. And it says that the person, 6 when they are fulfilling a public request, they are 7 standing in the shoes of the State and the public 8 officials have no expectation of privacy while 9 performing their official public duties. 10 Q So it's your interpretation of whatever I t provision you just read that that gives you the right 12 to obtain audio from that person without obtaining 13 consent, without providing notification? 14 A Yes. That's my interpretation. 15 Q Have you ever tested the validity of that 16 interpretation anywhere? 17 A Tested the validity of it? is Q Yes, air. 19 A fm not sure I understand what you mean. 20 Q Have you ever sought advice of counsel as to 21 whether your interpretation is correct? 22 A Outside of advice of counsel? No. 23 Q Sir? 24 A No. 25 Q Has anyone ever objected to your using audio Georgia Winegeart & Associates 301 West Say Street, Suite 1450, Jacksonville, Florida 32202 Page 77 I in your videos? 2 A No. 3 Q Has anyone ever objected to your using 4 either audio or video? 5 A No. You're speaking — videos, you're 6 talking about all of my videos? 7 Q I'm talking about has any particular 8 individual that is shown in any of your videos 9 objected to being displayed in your video — well 10 start with video — in your public records request II activities? 12 A In my public records request activities? 13 Q Yes. 14 A With vendors, no. With public agencies, 15 yes. 16 Q Can you identify any public agency — public 17 agencies or public agency employees who have objected? 18 A Identify the individual, orjust the 19 agency? 20 Q What objection may have been made, who made 21 it? 22 A Lel's see. Members of the Jacksonville 23 Sheriffs Office have objected. The Jacksonville 24 Agricultural Department has objected. The videos are 25 all on my YouTube channel. I would have to look at Page 78 1 them to see which ones specifically objected because 2 there are so many of them. 3 Q Have you ever deleted any videos or audio 4 pursuant to an objection by anyone? 5 A Deleted any videos or audio pursuant to an 6 objection? Pursuant to an objection, what do you 7 mean? 8 Q If anybody ever made an objection to the 9 video or audio, did you delete it when they made that to objection? I l A No. 12 Q Under what circumstances have you deleted 13 any video or audio? 14 A Under what circumstances have I ever deleted 15 any audio or video of — 16 Q Of anyone in which you had been making a 17 public records request. 18 A 1 don't understand the question. 19 Q Okay. It's my understanding, Mr. Gray, that 20 every time you make a public records request you video 21 that request and that video is accompanied by audio; 22 is that correct? 23 A That's correct. 24 Q Has anyone ever objected to your having 25 videoed your request of that person in your making a Page 20 (Pages 77-80) Page 79 I public records request? 2 A Some public agency — people who work for 3 public agencies, yes, they have. 4 Q Okay. And as a result of those objections, 5 have you deleted any of those video or audio films 6 that you took? 7 A No. 8 Q You have not? 9 A No, not because somebody objected to them. 10 Q You have deleted some, but not because of I I the objections? 12 A Correct. 13 Q And did I understand you earlier, the ones 14 you have deleted have been from the Jacksonville 15 Sheriffs Office and the Jacksonville Agricultural 16 something or other? 17 A Yeah — no. Those aren't the ones I 18 deleted. Those are the ones that objected. 19 Q They objected, but you did not delete them? 20 A They objected — I've done so many videos. 21 I've deleted some and I've published some. I don't 22 know specifically which ones I've deleted and I 23 haven't deleted. I know that I've never deleted a 24 video specifically because someone objected to me 25 videotaping. Page 80 1 Q Well, to the extent you may have deleted 2 some, why would you have deleted them? 3 A Maybe they just weren't interesting enough 4 to be published on YouTube. 5 Q Okay. When you go into a vendor accompanied 6 by Mr. Covenant or Mr. Miller or 7 Mr. Chandler, how do you identify yourself? 8 A I don't identify myself. I say, I'm bere to 9 make a public records request. to Q You don't give them your name or anything 11 like that? 12 A No. 13 Q Okay. How do you identify what it is you're 14 looking for when you make a public records request? 15 A How do I identify what it is I'm looking for 16 when I make a public records request? I tell the 17 person that I'm speaking to — usually III have the is contract in my hand; I've printed it. I tell them 19 what the contract number is. I tell them it's the 20 contract between whatever vendor it is and whatever 21 agency they have the contract with. Like I said, I 22 give them the contract number. And I simply say, fin 23 making a public records request; I would like to 24 inspect and photograph whichever document rm asking 25 to inspect and photograph. Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 81 I Q Okay. Assuming that — without regard to 2 PACE, but just generally speaking, you go to a vendor, 3 you make a Bequest, for whatever reason you don't get 4 the documents you requested, I believe you indicated 5 there are times when you go back. 6 A Uh-huh. 7 Q Is that a yes? 8 A Yes. 9 Q Are there times when you don't go back? 10 A Yes. 11 Q What dictates those times when you don't go 12 back? 13 A Opportunity, time, distance, how busy I am. 14 Q Have you ever left your name and contact 15 information with any vendor when you were unable to 16 get the documents you requested — 17 A No. 18 Q — upon your initial visit? 19 A No. 20 Q Is there a reason for that? 21 A Because I have a right to remain anonymous 22 when I make my public records request. 23 Q You have a right to remain anonymous? 24 A Yes. 25 Q Is that why you filed 30 lawsuits? Page 82 I A Is that why I filed 30 lawsuits? 2 Q Yeah. 3 A I filed 30 lawsuits because my rights have 4 been violated and they violate my right to access 5 public records. 6 Q How long after you leave a vendor's office, 7 when you don't get whatever it is you're asking for, 8 do you notify either the O'Boyle Firm or Mr. Shakfeh? 9 A I have no set period of time. 10 Q How do you do that, by phone? 11 A By phone, by email, whichever. 12 Q Do you usually use your mobile phone when 13 you make phone calls? 14 A Yes. 15 Q Okay. I'm going to ask you specifically 16 some questions now about PACE and some of these 17 will — probably your responses earlier will apply. I s Pm going to assume that you somehow downloaded a 19 contract that PACE had with the agency that you 20 believed they had a contract with. 21 A Right. 22 Q Was that just a random downloading from the 23 agency, or how did you locate that contract? 24 A With PACE, I was contacted by Thomas and he 25 said, you know, there's a contract here in Page 21 (Pages 81-84) Page 83 I Jacksonville; we may want to go check and see if 2 they're in compliance with public records basically. 3 Q If they were in compliance with public 4 records? 5 A Yeah. If they're going to comply with 6 public records access and to see if we could — 7 Q Okay. Who reviewed the complaint to a determine what to ask? 9 A I did. You mean — who reviewed the to complaint? I1 Q Excuse me. Who reviewed the contract — 12 A The contract. Okay. 13 Q —that PACE had with whatever state agency 14 to determine what to ask for? IS A I did. 16 Q When did you do that? 17 A I don't recall. 18 Q Was it the day you went; was it sometime 19 prior to that? 20 A I don't recall; I don't recall when I 21 decided. I believe I asked for the certificate of 22 insurance. 23 Q Who did you ask for when you went there? 24 You said earlier you don't know. 25 A Who did — Page a4 I Q Did you ask for anybody specifically? 2 A I can't remember if I asked for anybody 3 specifically. I would have to watch the video again. 4 Q Okay. You indicated earlier that sometimes 5 you ask for whoever is in charge of the contracts. 6 Did you do that at PACE? 7 A That's what I just said; l don't recall if I 8 did. 9 Q When did you and Mr. Covenant make a 10 decision that you were going to go visit PACE? I l A I don't recall. 12 Q Do you recall the date you went to visit 13 PACE? 14 A I don't recall. 15 Q Do you recall the month you visited PACE? 16 A No. 17 Q Do you recall the PACE address? 18 A No. 19 Q Do you recall whether you visited any other 20 agency or vendor in the same day you visited PACE? 21 A We did visit other vendors in Jacksonville 22 that day. I don't recall which ones they were 23 specifically, but we did visit other vendors that day. 24 Q When you and Mr. Covenant or Chandler or 25 Miller, whoever, visit vendors, do you usually do Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 85 I several in one day? 2 A Usually, yes. 3 Q Is there a particular period of time in 4 between these days that you visit vendors that you 5 don't? 6 A No. 7 Q Can you describe what you observed as you 8 entered the offices of PACE? 9 A Can 1 describe what I observed? Opening the t0 door, there was a receptionist. I think she called a I I young lady up. I think I may have explained to the 12 receptionist —1 would have to watch the video again 13 to be specific — but I explained to the receptionist 14 why I was there, to make a public records request. 15 She contacted another — a young lady who came out and 16 I explained to her why I was there and that was to 17 make a public records request. 18 Q Did you get the names of any of these 19 individuals you spoke with? 20 A I believe I did. I can't recall what the 21 names were. I believe they are on the video, when I 22 asked. 23 Q Do you recall whether you asked the names, 24 or did the person volunteer their name, or what? 25 A I can't recall. Page 86 1 Q Do you remember either of the names of any 2 of the people you spoke with at PACE? 3 A No. 4 Q So you spoke to a receptionist who then 5 called someone else up? 6 A If I remember correctly, yes, yes. A young 7 lady came out. 8 Q Was there anybody else in the vicinity when 9 you first walked in? 10 A Thomas walked in with me. I I Q Other than you and Mr. Covenant and perhaps 12 the initial receptionist who you spoke to, were there 13 any other people in the immediate vicinity? 14 A In the lobby area, no. I don't recall. 15 There was a — I don't recall. I think there were 16 people moving about, but I don't recall anybody else 17 in there. 18 Q Okay. Were you able to observe whether 19 there were any people there who you could distinguish 20 as clients of PACE as opposed to employees of PACE? 2l A I wouldn't know who was clients and who was 22 employees. 23 Q The first young lady —I assume the first 24 receptionist you spoke to was female. 25 A Uh-huh. Page 22 (Pages 85-88) Page 87 1 Q Could you tell how old she was? 2 A No. 3 Q Can you describe her? 4 A I mean, I can't remember. No. The 5 receptionist, no. 6 Q The second person that came up who was 7 called by the receptionist, male or female? 8 A Female. 9 Q Can you describe her? 10 A Brown hair, Caucasian, I think. That's I I about — brown hair, white female, really nice, real 12 polite. 13 Q Do you recall anything about haw old she was 14 approximately? 15 A Sbe seemed to be 35 to 30 — 30 to 35, 16 somewhere around there. 17 Q Other than those two individuals, did you 18 speak with anybody else at PACE — 19 A Not that I recall. 20 Q —you and Mr. Covenant? 21 A Not that I recall. No, sir. 22 Q Did you see any other people who appeared to 23 be employees of PACE while you were there? 24 A I saw people moving about, yes, moving about 25 the office, the arca in there. Page 88 I Q When you went into PACE, did you go to a 2 desk, or did you go to a counter or what? 3 A Went through — I think there were glass 4 doors. As you enter, there's a receptionist's desk 5 and there was some chairs on the wall. I spoke to the 6 receptionist, I believe. Explained to her that I was 7 there for a public records request, if I'm remembering 8 correctly. She told me that she would contact 9 somebody. So I sat down in the chair and the young 10 female that I just described came out I I Q Okay. After you spoke to the second person, 12 what happened? 13 A After I spoke to the second person, what 14 happened? 15 Q Let me make sure I understand something 16 too. When you spoke to the receptionist and then 17 spoke to the second person, was that on this fust or is what you believe to be the second visit? 19 A Second visit. 20 Q Second visit let's go back to the fust 21 visit. When did that occur? 22 A I think that occurred about three hours 23 before the second visit. 24 Q Who did you speak with then? . 25 A I believe it was the receptionist. Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 89 I Q The same receptionist you spoke with later? 2 A I believe so, yes. 1 explained 1 was there 3 for a public records request. They recommended for me 4 to come back later. 5 Q So the first receptionist you spoke with 6 said come back later? 7 A Yes. 8 Q Okay. Then you and Mr. Covenant le0? 9 A Correct. 10 Q And then you came back and that's when you 11 spoke to the second person? 12 A Correct. 13 Q On your first visit, the only person you 14 spoke with was the receptionist? 15 A If I remember correctly, yes. 16 Q Did you film and audio that encounter with 17 the receptionist on the first visit? 18 A I don't recall if I did or not. I don't 19 remember if the tamers was recording. I had the 20 camera to take the photograph, but I can't recall if 21 the camera was recording or not. I can't remember. 22 Q When you had your first encounter with the 23 receptionist, if you videoed it, has that been 24 provided to Mr. Taylor? 25 A If I videoed it? Page 90 1 Q If you videoed it with audio— let me be 2 precise — 3 A No. 4 Q -- you would not have provided it to 5 Mr. Taylor? 6 A No. 7 Q Why? 8 A I don't think 1 did. Like I said, 1 don't 9 remember if I recorded it or not. I don't think 10 there's a video of the first encounter; 1 don't think I I there is a video of the first encounter. No. 12 Q Okay. But you have previously testified 13 that you video all encounters -- 14 A Yes. 15 Q —so you can document your request. 16 A Yes. 17 Q And when you first walked in the door and 18 spoke to the receptionist, you did not know what 19 response she was going to make? 20 A Correct. 21 Q But you didn't have your video on? 22 A I don't remember if 1 had it on or not. 23 Q Okay. So you may have had it on, you may 24 not have, but in any event nothing has been provided 25 to Mr. Taylor? Page 23 (Pages 89-92) Page 91 I A Correct. 2 Q The second visit, the receptionist gets 3 another person. You've now got your video going with 4 audio? 5 A Yes. 6 Q Did you video and audio the portion with the 7 receptionist before she called this second person 8 over? 9 A I believe so. 10 Q Do you advise the second person, the white I I female with dark brown hair, what you want? 12 A Correct. 13 Q How did you identify for her what documents 14 you wanted'? 15 A I believe 1 had the contract in my hand. 16 Like I said, I would say, I'm here to make a public 17 records request. I tell them the contract number. lit And I told her that 1 would like to inspect and 19 photograph the certificate of liability insurance, 20 basically a proof of insurance that's required by the 21 contract. 22 1 believe I had a sample from where I had 23 photographed or gotten a copy of a certificate of 24 liability insurance from another vendor — I'm not 25 sure which vendor it was -- as an example, just to Page 92 I show her what I was specifically looking for, to be 2 specific about it. 3 Q Mr. Gray, I'm going to hand you a copy of 4 the complaint that has been filed in this matter and 5 purports to have a copy of the contract upon which you 6 arc basing your lawsuit. And I would ask you, if you 7 would, to tum to the contract and find for me in the 8 contract where it requires or addresses the documents 9 you've requested. 10 A I have found it. II Q Sir? 12 A I found it. 13 Q What page? 14 A Page 10 of 36. 15 Q Okay. Now you asked for — you showed them 16 a certificate of insurance that you had received from 17 somewhere else? 18 A Correct. 19 Q And you asked them to produce that document 20 that they maintained — 21 A Correct. 22 Q — is that correct? 23 A Uh-huh. 24 Q Okay. Where on Page 10 does it require PACE 25 to maintain that document? Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 93 I A On Page 10 where does it require it? 2 Nowhere that I could tell. On Page 10, where does it 3 require that they maintain the document? 4 Q I'm trying to figure out — 5 A On Page 10, it does not. I don't see any 6 language that says that it's required that they 7 maintain that document. 8 Q So exactly what were you asking for? 9 A I was asking for the certificate of to liability insurance that's required by the document — 11 by the contract. 12 Q Where is a certificate of liability 13 insurance required to be maintained, on Page 10? 14 A It says right here, The insurance provider 15 shall maintain, if applicable, the following types of 16 insurance listed: Commercial, general liability. 17 That's what I was asking for. 18 Q Okay. That requires them to maintain the 19 insurance? 20 A Uh-huh. 21 Q Is there anyplace in this contract that 22 you're aware of that requires PACE to maintain a 23 certificate of liability insurance? 24 A Written in the contract? The public records 25 access right here on Page I of 36. Page 94 1 Q Public records access. Now where on Page 1 2 does it say that public records access means that they 3 have to maintain a certificate of liability insurance? 4 A It says, All documents created and 5 received — let's see. The provider agrees to allow 6 access and review of all documents, papers, letters, 7 maps, books, tapes, photographs, film, sound 8 recordings, data processing, software and other 9 material, regardless of physical form or 10 characteristics, or means of transmission, made or i I received pursuant to law or ordinance in connection 12 with the transaction of official business by any 13 agency as defined in Section 119. All documents made 14 or received by the provider in conjunction with this 15 contract shall be made available except for those 16 public records which are made confidential by law. 17 Q Okay. Now what does that paragraph have to is do with the certificate of liability insurance? 19 A The certificate of liabilityinsurance is 20 required by the contract. 21 Q Where? 22 A Well, it's required that they have liability 23 insurance. 24 Q I don't dispute that. 25 A Okay. Page 24 (Pages 93-96) Page 95 I Q You didn't ask for proof of insurance; 2 you asked fora certificate of liability insurance. 3 A Something that proves that they have 4 insurance. 5 Q Is that what you requested? 6 A Yeah. 7 Q And it's your testimony that whatever video 8 you took will show that you requested them to provide 9 you with proof of insurance? io A Yes. 11 Q Does that contract require them to maintain 12 proof of insurance? 13 A Proof of insurance. 14 Q My question is: Is your reading of the 15 contract, since you're the one who downloaded it, or 16 Mr. Covenant downloaded it, but you reviewed it and 17 you made the determination that you're going to go ask 18 them for proof of insurance, where in the contract 19 does it require them to maintain that they have 20 insurance or have proof that they have insurance? 21 A In the contract? Well, typically, if you 22 have insurance, you have documentation showing that 23 you have insurance. 24 Q But where in this contract that you used 25 does that say that PACE has to do that? Page 96 I A It doesn't say specifically insurance. It 2 says that they have to maintain records regarding the 3 contract 4 Q Okay. So you're saying because Paragraph 5 1 — excuse me — Paragraph BA -2 on Page I requires 6 them to maintain their records, that requires them to 7 maintain proof of insurance that they're required to s provide to the State? 9 A Yes. to Q Did you speak to anyone else after this 11 young lady with the brown hair that day? 12 A You mean at PACE? 13 Q At PACE. 14 A I may have said good-bye to the 15 receptionist, have a nice day, es we were leaving. 16 Q Okay. When you told the lady with the brown 17 hair that you wanted a certificate of liability 18 insurance or proof of insurance, whatever it is you 19 said, did you speak with anyone after that? 20 A No. I don'trecall. We left. 21 Q And what did the young lady with the brown 22 hair tell you with regard to the document you 23 requested? 24 A She said that the person that she spoke to 25 on the phone — I can't recall who it was right now — Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 97 1 but the person she spoke to on the phone said that it 2 needed to be in writing, that it should be emailed and 3 made in writing — the request should be emailed and 4 made in writing. 5 Q Do you know who at PACE was responsible for 6 maintaining the insurance contract? 7 A Maintaining, no. 8 Q Did you ask for the person responsible for 9 maintaining the insurance contract? 10 A No. 11 Q Did you ask for anyone else in particular 12 other than, I simply want proof of insurance? 13 A I announced that I was there to make a 14 public records request. 15 Q My question, Mr. Gray, is very simple: Did 16 you make a request for anyone in particular with 17 respect to your request for whatever insurance 18 information you were seeking? 19 A When I arrived, I can't remember if I asked 20 for what's listed as the contact person in the 21 contract. 1 don't remember if I asked for that person 22 or not, but I did announce that I was there to make a 23 public records request. 24 Q Okay. And you said that this young lady 25 came back and had spoken to somebody on the phone? Page 98 1 A Correct. 2 Q Does that suggest to you that whoever she 3 spoke to was not them in the office? 4 A Yes. 5 Q Okay. After she came back to you and told 6 you that she had spoken to someone on the phone and 7 that in order to get the document you need to leave 8 your name and address, did you respond to her in any 9 way? 10 A I don't think she told me I needed to leave 11 my name and address. I think she told me that I 12 needed to make it in writing via email. I think 13 that's what she said. 14 Q Okay. What response did you make to that? 15 A I believe I told her that I would like to go 16 ahead and access the records now; I would like to take 17 a photograph and inspect the records now. 18 Q Do you have any information, from any 19 source, that PACE had their insurance policy itself in 20 the office that day? 21 A No. 22 Q Do you have any information that PACE had 23 any type of documentation in the office proving they 24 had insurance that day? 25 A Other than what it says and the reason we Page 25 (Pages 97-100) Page 99 I went there is because, in the contract, it says that 2 is the place where the administrative record was 3 stored and the contact person, that is the address, so 4 that's why we went there. 5 Q But my question is: Do you know if they had 6 it in the office that day? 7 A No. That's —no. 8 Q Do you know if a certificate of liability 9 insurance, as you've described it, was in the office 10 that day? II A No. 12 Q Have you subsequent to that day ever 13 received a certificate of liability insurance or any 14 other type of proof of insurance as to PACE? 15 A PACE, no. 16 Q Okay. You did not go back to PACE after 17 that first day? 18 A No. 19 Q Have you ever made a request to go back to 20 PACE - 21 A No. 22 Q — after that first day? 23 A No. 24 Q Has anybody ever advised you of your right 25 to go back to PACE and photograph or inspect some Page 100 1 record? 2 A No. 3 Q And you've never been provided by anyone 4 with proof of insurance that PACE maintained? 5 A Provided with anyone proof, what is that? 6 I'm not sure what you mean. 7 Q Whatever documents you were requesting, 8 whatever proof you were requesting when you went to 9 PACE, you never received that? 10 A No. Other than looking at the contract and I I seeing that they are required to maintain — 12 Q Insurance? 13 A — insurance. 14 Q Okay. You didn't ask to see the insurance 15 policy? 16 A No. 17 MR WELLS: I would like to have the 18 complaint and the attached contract marked as 19 Defendant's Exhibit I to the deposition. 20 (Defendant's Exhibit No. 1 was marked for 21 identification.) 22 BY MR WELLS: 23 Q Mr. Gray, do you know of any reason why — 24 strike that Just to make sure I'm clear, since your 25 initial visit to PACE, not only have you not received Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 101 I the information you were requesting, but you've never 2 been advised of your right to go back there, that you 3 were invited to go back there to photograph and 4 inspect whatever it is you were requesting; is that 5 correct? 6 A (No response.) 7 Q Pardon me? 8 A I'm thinking. 1 don't recall if I had been 9 advised if I could go back there. 10 Q Do you know somebody named Thresa Giles or Il Giles? 12 A No. 13 Q Do you know Yessica Cancel? 14 A No. 15 Q i had asked you, Mr. Gray, if you had ever, 16 since your first visit, seen the proof of insurance 17 you're asking for or a certificate of liability 19 insurance. Let me show you this document. I'll 19 represent to you that that is a certificate of 20 liability insurance on PACE -- 21 A Okay. 22 Q -- pursuant to their contract with the state 23 agency. You've never seen that before, have you? 24 A No, sir. Not from PACE. 25 MR. WELL: I'll have this marked as Page 102 1 Defendant's Exhibit 2. 2 (Defendant's Exhibit No. 2 was marked for 3 identification.) 4 BY MR. WELLS: 5 Q You aren't, by chance, in some way 6 incorporated, are you? 7 A No. 8 Q So none of Honor Your Oath, or Photography 9 is not a crime, or anything like that, you're not 10 incorporated in any respect? II A No. 12 Q Okay. 13 MR. WELLS: Let's take a ten-minute break, 14 if we can. I'm almost through. 15 (Brief break.) 16 BY MR. WELLS: 17 Q lust so that I'm clear, it's your testimony 18 you made two visits to PACE on the same day -- 19 A Yes. 20 Q --about three hours apart? And the first 21 visit, you spoke only to a receptionist? 22 A That's what I recall. Yes. 23 Q And she advised you to come back. Why? 24 A She said that the contact person or the 25 person that — the supervisor or whoever the CEO was Page 26 (Pages 101-104) Page 103 I would be there. When 1 asked for who would do the 2 public records type of deal, she said to come back 3 when that person is there, so I came back about three 4 hours later. 5 Q Okay. When you came back about three hours 6 later, you spoke only to the same receptionist? 7 A As far as 1 remember, yes. 8 Q And then a second person that was -- 9 A Yes. 10 Q — about 35, brown hair, Caucasian? I I A A white female, Caucasian. 12 Q So those are the only two people you've ever 13 spoken to at PACE other than whatever acknowledgment 14 you may have made to Ms. Marx today? 15 A Yes. 16 Q After you left PACE that day, you never went 17 back and asked for the record again? 18 A No. 19 Q While you were there, what was Mr. Covenant 20 doing? 21 A He was just my friend, just there along just 22 to be there. 23 Q But could you see what he was physically 24 doing; was he just standing beside you or - 25 A Yeah. He was just kind standing over to the Page 104 I left of me, from what I recall. 2 Q Okay. Other than standing over to the left 3 of you, you have no specific recollection of what he 4 was doing? 5 A No. He was just there with me. 6 Q Take a look at that document, if you would, 7 Mr. Gray. 8 A Okay. 9 Q You're welcome to read all that you want to, to but have you ever seen that before? I I A No, sir. 12 MR. WELLS: I would like to have this marked 13 for identification purposes only; we're not 14 attaching it as an exhibit. IS (Defendant's Exhibit A was marked for 16 identification.) 17 BY MR. WELLS: 18 Q I would like you to keep that. It's not 19 going to be an exhibit to the complaint — to the 20 deposition. Not having seen that before, do you know 21 if you've ever discussed the contents of that before? 22 A No. 23 Q Okay. Do you have any information as to the 24 ramifications of that document? 25 A Indications of ramifications of that Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 105 I document? 2 Q Yes, sir. 3 A No. 4 Q When you made the request of the second 5 person at PACE, brown hair, 35ish, Caucasian, you had 6 a copy of the contract with you? 7 A I believe I did. Yes. 8 Q Okay. Did you show her or point to anything 9 in the contract that you were looking for? 10 A I believe did, yes. I pointed to it and I I l showed her the certificate of liability from the other 12 place, like, This is what I'm looking for, it's quick 13 and easy; just let me take a look at it and rll leave 14 here. 15 Q And did you let her have either of those 16 documents, either the contract or the certificate you 17 had from the other source, for her to use to go back 18 to whoever she had to talk to? 19 A I think I may have given it to her, or she 20 may have taken it. I'm not sure. I would have to 21 watch the video again. But — I mean, if she would 22 have wanted to take it, I would let her have it. 23 Q But do you recall, one way or the other, 24 whether she took possession of either of those 25 documents? Page 106 1 A I don't recall; I don't recall. 2 Q And when she came back to you to say that 3 you needed to put it in writing, can you tell me 4 precisely what she said to you? 5 A She said — precisely, I can't recall, but 6 she said — she spoke to the person on the phone. The 7 person on the phone said that it needs to be made in 8 writing, by email, the request needs to be made in 9 writing. 10 I believe it was at that point when I said, I I Well — I showed her the certificate of liability from 12 the other place and said, This is any, and I handed 13 her the contract. And she said, Per what I've been 14 told on the phone, it needs to be made in writing. I 15 said, Okay, thank you, and I left. 16 Q Did she say anything about whether the 17 documents you were asking for was even in the office 18 at PACE? 19 A No, I don't think she did. I don't recall 20 that she did. 21 Q Okay. But you showed her a document that 22 said — like this Exhibit 2, certificate of liability 23 insurance? 24 A Yes, I did, from another vendor. 25 Q And you told her that this is what you were Page 27 (Pages 105-108) Page 107 1 looking for? 2 A Yeah. That's what it looked tike, so she 3 could have a point of reference, so she would know 4 what Pm looking for. 5 Q And by this, we're referring to 6 Plaintiffs — excuse me — Defendant's Exhibit 27 7 A Correct. I mean, I didn't have that 8 particular document in my possession. It was one from 9 another - 10 Q A sample? I l A A sample, yes. 12 Q You indicated that you had not been hack to 13 PACE and you indicated that you had never been advised 14 that you could go back. Have you ever requested to go 15 back to anyone? 16 A Requested to go back to anyone? No. 17 Q Let me rephrase that. That wasn't clear. 18 Have you ever requested of anyone to go back to PACE 19 so you could attempt to photograph and inspect 20 whatever record it was you were seeking on the first 21 visit? 22 A No. 23 Q Is it your understanding, W. Gray, that the 24 O'Boyle firm and Mr. Taylor, in specific, is 25 representing just you in this litigation? Page 108 1 A In this, with PACE? 2 Q Yes, sir. 3 A Yes. 4 MR. WELLS: I am through. 5 W. Gray, you have the right to read and 6 sign, if it's transcribed, or you can waive that 7 right. If I ask for it to be transcribed, she's e going to type up everything that was said today, 9 assuming she heard you. Once she gets it typed 10 up, you have the right to read it, to make sure 11 she's done it correctly. Mr. Taylor can advise 12 you as to whether you need to read and sign it or 13 not. You can't make changes to it, but you can 14 make a notation of errors in her transcription. 15 THE WITNESS: Okay. 16 MR. WELLS: So you need to let her know 17 whether you will waive the right to read it, or I8 whether you want to read it if it's transcribed. 19 THE WITNESS: I would like to read it if 20 it's transcribed. n MR. WELLS: Very good. 22 (The deposition was concluded at 4:45 p.m.) 23 --- 24 25 Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 28 (Pages 109-110) Page 109 1 CERTIFICATE 2 STATE OF FLORIDA) 3 COUNTY OF DUVAL ) 4 1, Cynthia Silverberg, Shorthand Reporter 5 and Notary Public, State of Florida at Large, do 6 hereby certify that I was authorized to and did 7 stenographically report the deposition of 8 JEFFREY MARCUS GRAY; that a review of transcript 9 was requested; and that the foregoing transcript, 10 pages I through 108, is a true and complete record of I 1 my stenographic notes. 12 1 further certify that I am not a relative, 13 employee, attorney or counsel of any of the panics, 14 nor am 1 a relative or employee of any of the parties' 15 attomey or counsel connected with the action, nor am 16 1 financially interested in the action. 17 Dated this 24th day of January, A.D., 2015. 18 19 20 21 22 CYNTHIA SILVERBERG, Notary Public 23 24 25 Page 110 1 CERTIFICATE OF OATH 2 STATE OF FLORIDA ) 3 COUNTY OF DUVAL ) 4 I, the undersigned authority, certify that 5 JEFFREY MARCUS GRAY personally appeared before me and 6 was duly swam. 7 WITNESS my hand and official seal this 24th 8 day of January, 2015. 9 to 12 CYNTHIA SILVERBERG, Notary Public 13 Notary Public -State ofFlarida My Commission Expires: 14 15 16 17 18 19 Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Filing # 22497217 E -Filed 01/13/2015 03:00:30 PM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA MARTIN E. O'BOYLE, CASE NO.: 502014CA004474XXXXMB DIVISION: AG Plaintiff, V. TOWN OF GULF STREAM, Defendant. DEFENDANT'S MOTION FOR LEAVE TO FILE AMENDED ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIM COMES NOW, Defendant, TOWN OF GULF STREAM, by and through undersigned counsel, and pursuant to Florida Rules of Civil Procedure 1.170(f) and 1.190(a), moves the Court for an order granting leave to file the attached Amended Answer, Affirmative Defenses and Counterclaim and in support thereof states as follows: 1. Rule LI 90(a) of the Florida Rules of Civil Procedure provides that when a party moves to amend its pleadings "[]leave of court shall be given freely when justice so requires." 2. Similarly, Rule 1.170(f) of the Florida Rules of Civil Procedure provides that "when a pleader fails to set up a counterclaim or crossclaim through oversight, inadvertence, or excusable neglect, or when justice requires, the pleader may set up the counterclaim or crossclaim by amendment with leave of court." (emphasis added). 3. Pursuant to Rule 1.170, based on the fact that the counterclaim is compulsory in nature, and the discovery recently obtained discloses a justification for a counterclaim, justice would be served by granting leave to Defendants to amend their answer by including a counterclaim. 4. Since the filing of its initial answer, discovery has disclosed facts supporting affirmative LAW OFFICES OF SWEErAPPLE, BROMER & VARKAS, P.L. 20 $.E.3° STREET, BOCA RATON, FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County defenses and a counterclaim which would provide Defendant with relief in the case sub judice. 5. It is settled Florida law that leave to amend should not be denied unless the privilege has been abused, there is prejudice to the opposing party, or the amendment would be futile. See Life Gen. Sec. Ins. v. Horal, 667 So.2d 967, 969 (Fla. 4`h DCA 1996). It should be noted that the Defendant has not waived the privilege to amend pleadings. 6. The privilege has not been abused because this is the first time that Defendant has sought to amend its pleadings. See Id 7. With respect to any prejudice to the opposing party, Plaintiff cannot be heard to complain of prejudice because all facts contained in the proposed Affirmative Defenses and Counterclaim are known to Plaintiff. See id. 8. Furthermore, if the amendment would not precipitate additional and extensive preparation for trial then there is no prejudice to the non-moving party, yet great prejudice to the moving party by denial of the amendment. See Newman v. State Farm Mut. Auto. his. Co., 858 So.2d 1205 (Fla. 4°i DCA 2003). 9. The grounds for the counterclaim have been obtained in part by testimony obtained from the Plaintiff, thereby precluding any claim of surprise or prejudice. 10. In addition, the Affirmative Defenses go to the sufficiency of the face of the pleading, thereby precluding any claim of surprise or prejudice. 11. A copy of the proposed Amended Answer, Affirmative Defenses and Counterclaim is attached hereto as Exhibit A. 12. Defendant requests the Court order that the Amended Answer, Affirmative Defenses and 2 LAW OFFICES OF SWEETAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 3P0 STREET, BOCA RATON, FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County Counterclaim be considered filed as of the date in the order granting this motion. 13. This motion for leave to amend is made in good faith, is not made for the purpose of delay, and will promote the ends of justice. WHEREFORE, Defendant, TOWN OF GULF STREAM, prays the Court to enter an order granting leave to file the attached Amended Answer, Affirmative Defenses and Counterclaim. Respectfully submitted, SWEETAPPLE, BROEKER & VARKAS, PL Attorneys for Defendant 20 S.E. P Street Boca Raton, Florida 33432 Telephone: (561) 392-1230 Email: pleadings@sweetapplelaw.com By: ,4" ROBERT A. SWEETAPPLE Florida Bar No.: 0296988 LAW OFFICES OF S W EELAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 3R° STREET, BOCA RATON, FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served via the E -Filing Portal this 13t1i day of January, 2015 to: Mitchell W. Berger, Esquire and Steven B. Weber, Esquire, Berger Singerman, LLP, 350 E, Las Olas Blvd, Suite 1000, Ft. Lauderdale, Florida 33301 (Telephone:954-525-9900;Email:drt@bergersingerman.com;mberger@bergersingerman. com; sweber@bergersingerman.com;mvega@bergersignerman.com); D. Culver Smith, I11, Esquire, Culver Smith, P.A., 500 South Australian Avenue, Suite 600, West Palm Beach, Florida 33401(Telephone:561-598-6800;E-mail:csmith@culversmithlaw.com); Daniel DeSouza, Esquire, DeSouza Law, P.A., 1515 University Drive, Suite 209, Coral Springs, Florida 33071 (Telephone: 954-551-5320;E-Mail:DDesouza@desouzalaw.com); Nick Taylor, Esquire, The O'Boyle Law Firm, P.C., 1286 West Newport Center Drive, Deerfield Beach, Florida 33442 (Telephone: 954-574-6885; E-mail: oboylecourtdocs@oboylelawfirm.com; ntaylor@oboylelawfirm.com); William Ring, Esquire, Commerce Group, Inc., 1286 W. Newport Center Drive, Deerfield Beach, Florida 33442 (Telephone: 954-5 74-6 885;Email:wring@commerce-group.com); Joanne O'Connor, Esquire, John C. Randolph, Esquire and Ashtee A. Richman, Esquire, Jones, Foster, Johnston & Stubbs, P.A., 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33402 (Telephone:561-659-3000;Email:joconnor@jonesfoster.com;jrandolph@jonesfoster.com; richman@jonesfoster.com). By: ROBERT A. S WEETAPPLE Florida Bar No. 0296988 4 LAW OFFICES OF S WEETAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 3RD STREET, BOCA RATON, FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County Exhibit A IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA MARTIN E. O'BOYLE, CASE NO.: 502014CA004474)CKXXMB DIVISION: AG Plaintiff, V. TOWN OF GULF STREAM, Defendant TOWN OF GULF STREAM, Counter -Plaintiff V. MARTIN E. O'BOYLE, an individual RYAN WITMER, an individual, CHRISTOPHER O'HARE, an individual, WILLIAM RING, an individual, JONATHAN R. O'BOYLE, an individual, DENISE DEMARTINI, an individual, PUBLIC AWARENESS INSTITUTE, INC., CITIZENS AWARENESS FOUNDATION, INC., OUR PUBLIC RECORDS, LLC, STOPDIRTYGOVERNMENT, LLC, COMMERCE GROUP, INC. and THE O'BOYLE LAW FIRM, P.C., INC., Counter -Defendants MONETARY RELIEF Defendant, Town of Gulf Stream ("Town" or "Defendant') answers Plaintiff's Verified LAW OFFICES OF SWEETAPPLE, BROEmK $ VARKAs, P.L 20 S.E. 3R0 STREET, BOCA LUTON, FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach Complaint to Enforce Florida's Public Records Act and for Declaratory, Injunctive and Monetary Relief ("Verified Complaint") as follows: Defendant denies alleged violations of Plaintiffs civil rights, as set forth below, but admit that this is an action pursuant to the public records laws. 2. Defendant admits that Plaintiff seeks declaratory, injunctive, and monetary relief, but denies that Plaintiff is entitled to any such relief. 3. Defendant denies alleged constitutional violations and alleged breaches of the public records laws, denies that an injunction is warranted, and denies Plaintiffs entitlement to attorney's fees, as set forth below, but admits Plaintiffs right to seek expeditious resolution of this matter pursuant to Fla. Stat.§ 119.11(1). PARTIES, JURISDICTION AND VENUE 4. Admitted. 5. Admitted. 6. Paragraph 6 states a conclusion of law as to which no response is required; to the extent a response is deemed required; the allegations of paragraph 6 are denied. 7. Defendant admits that venue in Palm Beach County is appropriate but denies that Plaintiffs civil rights have been violated and need vindication. 8. Admitted. 9. Admitted. 6 LAW OFFICES OF S WEEfAPPLE, BROEKER & V ARKAS, P.L. 20 S.E. 3RO STREET, BocA PLATON, FLORIDA 33432 Martin O'Boyle v.'rown of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County FLORIDA'S PUBLIC RECORDS ACT 10. Paragraph 10 states a conclusion of law as to which no response is required; to the extent a response is deemed required; the allegations of paragraph 10 are denied. 11. Paragraph 11 states a conclusion of law as to which no response is required; to the extent a response is deemed required; the allegations of paragraph 11 are denied. 12. Paragraph 12 states a conclusion of law as to which no response is required; to the extent a response is deemed required; the allegations of paragraph 12 are denied. 13. Paragraph 13 states a conclusion of law as to which no response is required; to the extent a response is deemed required; the allegations of paragraph 13 are denied. 14. Paragraph 14 states a conclusion of law as to which no response is required; to the extent a response is deemed required; the allegations of paragraph 14 are denied. FACTS RELEVANT TO ALL COUNTS 15. Defendant is without knowledge sufficient to form a reasonable belief as to the truth or falsity of the allegations in paragraph 15 and, therefore, denies same and demands strict proof thereof. Defendant specifically denies that Plaintiff is entitled to recover fees, costs and/or expenses in this action. 16. Admitted. 17. Defendant admits that Plaintiff purports to quote from the public records request attached to the Verified Complaint as Exhibit A but denies that Plaintiff has fully, fairly or accurately characterized that request, which speaks for itself. 18. Admitted. 7 LAW OFFICES OF SWEECAPPLE, BROEKER & VARKAS, P.L. 20 S.E.3pD STREET, BOCA RATON, FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County 19. Admitted. 20. Denied except admitted that Plaintiff requested that his request be fulfilled in electronic form, if possible, and further requested that any electronic copies be sent to him by e-mail delivery to records@commerce-group.com. 21. Admitted. 22. Admitted. 23. Admitted. 24. Defendant admits that following Defendant's removal of certain of Plaintiff's political signs, it reasonably anticipated the likelihood of imminent litigation by Plaintiff. The remaining allegations of paragraph 24 are denied. 25. Admitted that the letter attached as Exhibit B was sent by Defendant to Plaintiff by email on March 7, 2014. 26. Admitted. 27. Admitted. 28. Admitted. 29. Admitted that five (5) Town of Gulf Stream Incident Reports dated March 4, 2014 and nine (9) Incident Reports dated March 3, 2014 were produced to Plaintiff. 30. Denied. 31. Paragraph 31 states a conclusion of law as to which no response is required; to the extent a response is deemed required, the allegations of paragraph 31 are denied. 8 LAW OFFICES OF S WEETAYFLE, BROSKER & VARKAS, P.L. 20 S.E. 3R0 S'rREET, BOCA RnroN, FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County 32. Denied except admitted that a portion of Defendant's March 2014 Budget is attached as Exhibit D. 33. Admitted. 34. Admitted. 35. Defendant admits that public records are generated under the budget categories listed in paragraph 34 but denies that there are any additional public records responsive to Plaintiff's request. 36. Denied. 37. Denied except that certain of the requested documents are easily accessible to the Defendant. 38. Admitted. 39, Defendant admits that the Incident Reports produced in response to Plaintiff's request are not maintained in paper copy but in an electronic database; Defendant further states that those Incident Reports are not capable of being produced in the electronic format in which they are maintained. To the extent not otherwise admitted, the allegations of paragraph 39 are denied. 40. Paragraph 40 states a conclusion of law as to which no response is required; to the extent a response is deemed required, paragraph 40 is denied. Defendant specifically denies that its conduct has injured Plaintiff in any way. 41. Denied 9 LAW OFFICES OF S WEETAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 3m STREET, BOLA RA'roN, FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County 42. .Paragraph 42 states a conclusion of law as to which no response is required, to the extent a response is deemed required, paragraph 42 is denied. Defendant specifically denies that its conduct has injured Plaintiff in any way. 43. Denied, 44. Denied. 45. Denied. 46. Denied. 47. Defendant admits that Plaintiff is entitled to an immediate hearing under Fla. Stat. §119.11(1). 48. Denied. COUNTI UNLAWFUL WITHHOLDING OF PUBLIC RECORDS 49. Defendant realleges and incorporates by reference its responses to paragraphs 148, as if fully set forth herein. 50. Admitted. 51. Admitted. 52. Denied. 53. Denied. With the exception of the immediate hearing requested in sub -paragraph (a), Defendant denies that Plaintiff is entitled to any of the relief sought in the "WHEREFORE" clause that follows paragraph 53 including sub -paragraphs (b) through subparagraph (f). 10 LAW OFFICES OF S WEETAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 3P0 STREET, BOCARATON. FLORmA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County COUNT II UNLAWFUL REFUSAL TO PROVIDE RECORDS IN ELECTRONIC FORMAT 54. Defendant realleges and incorporates by reference its responses to paragraphs 1-48, as if fully set forth herein. 55. Defendant admits that some public records are maintained in an electronic format; Defendant denies that any records responsive to this request are maintained in an electronic format. 56. Paragraph 56 states a conclusion of law as to which no response is required; to the extent a response is deemed required, paragraph 56 is denied. 57. Admitted. 58. Denied. RELIEF REQUESTED With the exception of the immediate hearing requested in sub -paragraph (a), Defendant denies that Plaintiff is entitled to any of the relief sought in the "WHEREFORE" clause that follows paragraph 58 including sub -paragraphs (b) through subparagraph (f). AFFIRMATIVE DEFENSES First Affirmative Defense — Unclean Hands Plaintiff has unclean hands as set forth herein and in the Counterclaim. Plaintiff, along with his son, Jonathan O'Boyle, Christopher O'Hare, William Ring, Denise DeMartini, Ryan Witmer, "The O'Boyle Law Firm, P.C.," (Collectively "Counter -Defendants") and others have entered into a conspiracy and enterprise to inundate the Town of Gulf Stream with thousands of public records requests with the purpose of generating attorney fee entitlements to the above described law firm. These requests are being submitted by these individuals and by bogus not-for-profit corporations 11 LAW OFFICES OF S WEF.TAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 30.° STREET, BOCA RATON, FLoRIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach formed and funded by Plaintiff and the Co-conspirators. In addition, the requests are being propounded through fictitious names and other entities created by Plaintiff and the other Counter -Defendants for the purpose of disguising their involvement of the conspirators in their scheme. Typically, the requests are for obscure or purely harassing documents for which the requester has no real interest. Under the guise of seeking open government pursuant to Florida law, Counter -Defendants have effectively crippled the clerk of the tiny Town of Gulf Stream, who has been unable to timely and competently respond to the barrage of ill-conceived requests. The conspiracy, including the operation of numerous bogus not-for-profit corporations and the purported O'Boyle Law Firm, is run from the same boiler room owned, operated and funded by Plaintiff. Plaintiff should not be heard to complain about the timeliness or completeness of public records responses in light of the fact that Plaintiff is actively attempting to subvert and prevent any such compliance by deliberately creating a barrage of requests calculated to create delay giving rise to litigation, Second Affirmative Defense—Equitable Estoppel Plaintiff is equitably estopped by his conduct as set forth above in the First Additional Affirmative Defense, and in the Counterclaim, from complaining about the timeliness or completeness of the Town's responses to his public records request. Third Affirmative Defense — Compliance With Florida Sunshine Laws At all times material, Defendant's efforts for compliance with Plaintiff's requests were reasonable under the calculated burdensome circumstances created by Plaintiff and the other Counter -Defendants' conduct. Plaintiff may not be heard to complain or seek attorney's fees where 12 LAw OFFICES OF SWEETAPPLE, 13ROEKER & VARKAS, P.L. 20 S.E. 3RD STREET, BOCA RATON, FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County he himself has devised a scheme to frustrate and prevent compliance. Fourth Affirmative Defense — Unlicensed Practice of Law Plaintiff is not entitled to any attorney's fees allegedly incurred or owed to the purported O'Boyle Law Firm. That firm is not a bona fide interstate or Florida law firm. It is instead a front used by Jonathan O'Boyle to practice law in the state of Florida on a full-time basis, despite the fact that he is not admitted to do so. The firm is funded, owned, and operated by Plaintiff, Martin E. O'BoyIe, a non -lawyer. This court should revoke the charter of the O'Boyle Law Firm to conduct business in Florida and order said fine to disgorge all attorney's fees it has collected. Counterclaim for Declaratory Judgment and Injunctive Relief Defendant/Counter-Plaintiff, Town of Gulf Stream ("the Town', by and through its undersigned counsel, hereby brings this counterclaim for Declaratory Judgment and Injunctive Relief against Plaintiff/Counter-Defendant Martin E. O'Boyle, and Counter -Defendants Ryan Witmer ("Witmer"), an individual, Christopher O'Hare ("O'Hare"), an individual, William Ring ("Ring"), an individual, Jonathan O'Boyle, an individual, Denise DeMartini ("DeMartini"), an individual, Public Awareness Institute, Inc. ("PAI"), Citizens Awareness Foundation, Inc. ("CAFI"), Our Public Records, LLC ("OPR"), Stopdirtygovemment, LLC ("Stopdirtygovemment"), Commerce Group, Inc. ("Commerce Group"), and The O'Boyle Law Firm, P.C. ("O'Boyle Law Firm"), and states as follows: Jurisdiction and Parties 1. This is an action for declaratory relief pursuant to Chapter 86, Florida Statutes, and an action for temporary and permanent injunction pursuant to Fla. R. Civ, P. 1.610. 13 LAw Oman OF SwEETAPPLE, BROMM & VARKAS, P.L. 20 S.B. 3" STREET, BocA RATON, FwRmA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County 2. The Court has jurisdiction over this action pursuant to Fla. R. Civ. P. 1.170(a) and Florida Statutes § 86.011. 3. Counter -Plaintiff, the Town, is a Florida municipal corporation in Palm Beach County, Florida. 4. Counter -Defendant, Martin E. O'Boyle, is a resident of Florida, residing in Palm Beach County. Martin O'Boyle is also: (i) the President and owner of Defendant Commerce Group, Inc.; (ii) the sole member of Counter -Defendant Stopdirtygovernment, LLC; (iii) the sole member of Counter -Defendant Our Public Records, LLC; (iv) a director of Counter -Defendant Public Awareness Institute, Incorporated; and (v) a client of Counter -Defendant O'Boyle Law Firm. 5. Counter -Defendant Witmer is an attorney licensed to practice law in the state of Florida, and is a former partner in the purported O'Boyle Law Firm. 6. Counter -Defendant Ring is a resident of Broward County, Florida, is an attorney licensed to practice law in the state of Florida, and upon information and belief, is practicing with, and is a partner or shareholder of Counter -Defendant, the O'Boyle Law Firm, as well as its registered agent. Ring is also: (i) Vice-president of Counter -Defendant Commerce Group; (ii) the founding President of Counter -Defendant CAFI, (iii) and the registered agent for Counter -Defendants OPR, and Stopdirtygovemment. 7. Counter -Defendant O'Hare is a resident of Florida, residing in Palm Beach County. O'Hare is also a client of Counter -Defendant O'Boyle Law Firm. 8. Counter -Defendant Jonathan R. O'Boyle is a resident of Florida, residing in Palm Beach County, and is an attorney that is not licensed to practice law in Florida; however, he is the 14 t.Aw OFFICES OF SwEErAPPLE, BROEKER & VARKAS, P.L. 20 S.C. 3° SrREEr,BOCARATON,FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County founding principal of Counter -Defendant O'Boyle Law Firm, and currently its President, sole director and manager. Jonathan O'Boyle is the son of Counter -Defendant Martin O'Boyle, and is also a director of Counter -Defendant PAI. 9. Counter -Defendant DeMartini is a resident of Florida, residing in Martin County. DeMartini is also; (i) an employee of Counter -Defendant Commerce Group; and (ii) the current President and director of Counter -Defendant CAFI. DeMartini manages the O'Boyle Law Firm on behalf of her long-time employer, Martin O'Boyle. 10. Counter -Defendant, Commerce Group, is a Florida Corporation with its principal place of business located at 1280 W Newport Center Dr., Deerfield Beach, Florida 33442. Commerce Group is run by Plaintiff/Counter-Defendant Martin O'Boyle. 11. Counter -Defendant CAFI, purports to be a Florida non-profit corporation, with its principal place of business also located at 1280 West Newport Center Drive, Deerfield Beach, Florida 33442. 12. Counter -Defendant Stopdirtygovernment, LLC is a Florida limited liability company with its sole member being Martin O'Boyle, and its principal place of business also located at 1280 West Newport Center Drive, Deerfield Beach, Florida 33442. 13. Counter -Defendant OPR is a Florida limited liability company with its sole member being Martin O'Boyle, and its principal place of business also located at 1280 West Newport Center Drive, Deerfield Beach, Florida 33442. 14. Counter -Defendant PAI purports to be a Florida non-profit corporation with its principal place of business also located at 1280 West Newport Center Drive, Deerfield Beach, Florida 33442. 15 LAW OFFICES OF SWEETAPPLE, BROEKER & VARKAs, P.L. 20 S.E. 3m STREET, BOCA RATON, CLORMA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County Counter -Defendants Martin O'Boyle and Jonathan O'Boyle, along with their family member Sheila O'Boyle (wife of Martin and mother of Jonathan) are the directors of PAI. 15. Defendant O'Boyle Law Firm, is a foreign corporation that purports to be a bona -fide interstate law firm, currently identifying its principal address located at 1001 Broad Street, Johnstown, Pennsylvania. In its Application to the Florida Department of State on February 10, 2014, the firm identified its principal address at 2146 E. Huntingdon St., Philadelphia, PA. Defendant Jonathan O'Boyle is the sole officer and director of the O'Boyle Law Firm, but is not licensed to practice law in the state of Florida. The O'Boyle Law Finn's Florida address is 1286 West Newport Center Drive, Deerfield Beach, FL 33442, which is directly adjacent to the offices of CAR, PAI, OPR, Stopdirtygovernment, and the Commerce Group. 16. All conditions precedent to this Counterclaim have been performed, occurred, or otherwise waived by the Counter -Defendants. Factual Allegations 17. Pursuant to Chapter 119, Florida Statutes, commonly referred to as the Sunshine law, the legislature has determined that: "It is the policy of this state that all state, county, and municipal records are open for personal inspection and copying by any person. Providing access to public records is a duty of each agency." 18. Florida prides itself on the transparency required of its elected officials, and its elected officials often pride themselves on providing such transparency to those that have elected them to serve. 16 LAW OFFTCEs OF SWEETAPPLE, BROEKEA & VARKAs, P.L. 20 S.E. 3R° STREET, BOCA RATON, FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County 19. Accordingly, pursuant to section 119.07, all qualifying entities: "shall permit the record(s) to be inspected and copied by any person desiring to do so, at any reasonable time, under reasonable conditions...." In furtherance of this transparency, "a custodian of public records and his or her designee must acknowledge requests to inspect or copy records promptly and respond to such requests in good faith. A good faith response includes making reasonable efforts to determine from other officers or employees whether such a record exists and, if so, the location at which the record can be accessed." 20. In addition to criminal penalties, public officers (or "contractors") are subject to prevailing party attorneys' fees in civil court upon a showing of "unlawful refus[all to permit a public record to be inspected or copied..." Notably, this prevailing party fee provision is one-sided and can only be invoked by the party making the public records request, and not the agency or contractor responding to the request. 21. Commencing in at least 2013, and currently ongoing, Counter -Defendants have entered into a scheme to inundate the Town with thousands of public records requests. 22. One purpose of this assault has been to frustrate the Town's abilities to comply with the requests in a timely and complete manner. This allowed Counter -Defendants to then generate lawsuits to be filed by the purported O'Boyle Law Firm who would prosper by taking advantage of the Town's delay (though justified) in compliance and thereby seeking attorney's fees. 23. Prior to the initiation of the conspiracy or scheme to create litigation by subverting the purpose of section 119.07, Counter -Defendant Martin O'Boyle already had an extensive history filing public requests in New Jersey, Florida and elsewhere. Martin O'Boyle has previously used 17 LAW OFFICES OF SWEErAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 3m STRFET, BOCA RArON, FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach the public records request process in abusive fashion to file thousands of requests and to file vexatious and frivolous lawsuits to cripple local governments into granting his development. 24. By way of example, in the case of Martin L'. O'Boyle v. Peter I.sen, 2014 WL 340104 (N.J.Super.A.D.)1, the Superior Court of New Jersey, Appellate Division, noted: From September 2007 through early July 2008, plaintiff [Martin O'Boyle] and members of his family filed multiple requests pursuant to the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13. Longport's only clerk worked part-time, and she did not address the requests within the time required by statute. At one point, the clerk went to the emergency room because of the stress she attributed to the flood of OPRA requests. And, in February 2008, the Borough's solicitor notified plaintiff that it would not accept any additional OPRA requests he filed, explaining that the numerous requests were substantially disrupting governmental services. The solicitor claimed that Longport had received 190 requests on October 16 and 17 and thirty filed October 31, 2007. 25. When his daughter was being prosecuted for driving under the influence in Palm Beach County, Florida, Martin O'Boyle inundated the Palm Beach County State Attorney's Office both individually and through some of the other Counter -Defendants with over 1,300 requests for public records in an effort to stop the prosecution. 26. Despite the fact that Jonathan O'Boyle was not a Florida lawyer, he opened and ran the O'Boyle Law Firm, as a foreign profit corporation on February 10, 2014. This law firth was opened and operated from his father's corporate offices of the Commerce Group, located in Deerfield Beach, Florida. Both Martin O'Boyle and Commerce Group financed all activities of the O'Boyle Firm. 1 In the Isen case, Martin O'Boyle sued a resident of Longport for claiming Martin O'Boyle was "the enemy of Longport". The suit for defamation was dismissed by summary judgment and affirmed by the appellate court. 18 LAW OFFICES OF SwFErAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 3w STREET, BOCA RATON, FLORIDA 33432 Martin O'Boyle Y. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County 27. Upon information and belief, at the time of registering the O'Boyle Law Firm as a Florida foreign profit corporation, and identifying a principal office address as 2146 E. Huntingdon St., Philadelphia, PA, the O'Boyle Law Firm had no real business presence in Philadelphia, Pennsylvania. 28. It further appears that at that time: a. The O'Boyle Law Firm did not own or lease any commercial space in Pennsylvania. b. The O'Boyle Law Firm did not have a business telephone line in Pennsylvania c. The O'Boyle Law Firm had no employees and paid no salaries in Pennsylvania. d. The O'Boyle Law Firm did not pay city or state taxes in Pennsylvania. e. The O'Boyle Law Firm did not obtain an occupational license to conduct business in the City of Philadelphia. f. The O'Boyle Law Firm's sole principal, officer and director, Jonathan O'Boyle, used his Florida cell phone number (561-758-1223), as the firm telephone number. g. Jonathan O'Boyle is a member of the Pennsylvania Bar, but not of the Florida Bar. h. Jonathan O'Boyle advised the Pennsylvania Bar that he is an out-of-state attorney with an address in Gulf Stream, Florida. i. Jonathan O'Boyle advised the Pennsylvania Bar that his address is in the Town of Gulf Stream, Florida at 23 N. Hidden Harbour Drive, his parent's home address. j. At all times material, Jonathan O'Boyle was residing in the state of Florida and practicing law without a license at the described Florida offices. 19 LAW OFFICES OF SWEETAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 3"° STREET, BOCA RATON, FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County 29. Counter -Defendant Witmer, a licensed Florida attorney, was am alleged partner of the O'Boyle Law Firm. 30. Now that Counter -Defendant's had the law firm in place, Martin O'Boyle, Jonathan O'Boyle, Witmer, and the O'Boyle Law Firm required `clients" —pre -textual plaintiffs that they could use in sending out frivolous and fraudulent public records requests and accompanying lawsuits. Accordingly, Martin O'Boyle and Jonathan O'Boyle, along with Ring and DeMartini, used existing and newly formed bogus not-for-profit entities as a front to make public records requests and create litigation for the O'Boyle Law Firm which then could be used to either defraud or extort defendants into paying inflated settlement amounts and to profit from the proceeds derived thereby. 31. Martin O'Boyle, Jonathan O'Boyle and Witmer knew that they could not own and control the non-profit they now intended to create as well as the law firm to which all of the so-called "clients" would be referred. To further legitimize their scheme to defraud and extort, they needed someone experienced in initiating and pursuing public records litigation. They found that someone in Joel Chandler ("Chandler"). 32. In or about 2013, Chandler had previously met with Counter -Defendant O'Hare to discuss public records litigation. O'Hare was upset with the Town over the denial of his zoning application regarding construction of a metal roof. 33. In an attempt t0 force the Town to approve his roof, O'Hare recruited Chandler and entered into the conspiracy with the other Counter -Defendants to inundate the Town with public records requests. 20 LAW OFFICES OF SWEETAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 30.° STREET, SOCA RATON, FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County 34. O'Hare met regularly with Martin O'Boyle and Jonathan O'Boyle and agreed to work in concert with them and to file hundreds of public records requests in his own name as well as under fictitious names with the clerk for the Town of Gulf Stream. O'Hare has filed dozens of public records requests on the same day and often never even picked up requested documents. 35. O'Hare further agreed that after the Town was incapacitated and unable to timely and fully respond to the public records requests, the O'Boyle Law Firm would represent O'IIare in litigation against the Town in order to generate money for the firm. 36. Chandler instructed O'Hare on how to set up public records cases against the Town that were "Triple A" or "kill shots." 37. Thereafter, Chandler met with Martin O'Boyle, Jonathan O'Boyle, and Witmer to instruct them in the same "art." 38. Chandler has bragged to Counter -Defendant Witmer that in 2012, he was able to bring an attorney 101 public records cases "in the space of about 6 weeks. Each case had perfect facts and are what [Chandler] refer[s] to as a "Triple A" or "kill shot." 39. Chandler also advised the Counter -Defendants that they needed to "figure out the economics of this — who gets paid and how — and then how many cases we want to do and roll with it." 40. Chandler finally advised Counter -Defendants that "[t]he less conspicuous method is just to pay the filing fees and go for the throat and get paid quickly." 41. Chandler was invited to the O'Boyle home in Gulf Stream, Florida where both Martin and Jonathan O'Boyle resided. At the initial meetings Chandler, the O'Boyles, and Witmer discussed the O'Boyle Law Firm's capacity for handling public records request litigation throughout the state, 21 LAW OFFICES OF SWEETAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 3R° STRFET, BOCA RATON, FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County 42. As a result of the meetings, Martin O'Boyle incorporated an alleged not-for-profit entity by the name of Citizens Awareness Foundation, Inc., (hereinafter referred to as "CAFI"). Now, Martin O'Boyle was funding not only the O'Boyle Law Firm, but also one of the feeder organizations—CAFI. 43. Martin O'Boyle, on his own and through his other entities, then provided cash funding to CAFI and the O'Boyle Law Firm as well as other consideration such as free rent, use of employees, and vehicles. To do this, Martin O'Boyle used both his own personal assets and the assets of his business, Commerce Group. Martin O'Boyle effectively owned the O'Boyle Law Firm. 44. Martin O'Boyle caused the entity, CAFI, to be incorporated in Florida and directed that his three close business associates, William Ring, Denise DeMartini, and Brenda Russell be named as the Board of Directors. 45. Martin O'BoyIe also agreed to hire Chandler to serve as the Executive Director of CAFI at a six -figure salary as well as substantial benefits. Chandler's duty was to travel the state making hundreds of public records requests to public entities and state contractors. Thereafter, any evidence that would serve as a pretext for a lawsuit was to be forwarded immediately to Jonathan O'Boyle for the filing of litigation. Both CAFI and the O'Boyle Law Firm were operating from a room located in Commerce Group's offices. 46. Prior to meeting the O'Boyles, Chandler had earned approximately $5,000.00 during the year 2013. Upon opening the alleged foundation, Martin O'Boyle agreed to pay Chandler $120,000.00 per year and to provide him with a car to drive around the state to make public records requests. Martin O'Boyle advised Chandler that he would entirely fund the foundation and law firm 22 LAW OFFICES OF SWEETAPPLF BROEKER X'. VARKAS, P.L. 20 S.E. 3P° STREET, BccARATON, FLoAm& 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County on an unlimited basis including the payment of all court filing fees. Unbeknownst to Chandler, both Martin O'Boyle and Jonathan O'Boyle were also going to require that all of CAFI's clients be represented by the O'Boyle Law Firm, that Chandler would not have exclusive control over whether a claim is settled and for how much, and that the O'Boyle Law Firm, CAFI, Martin O'Boyle and Jonathan O'Boyle intended to obtain fraudulent settlements from unwitting defendants by claiming their fees and costs were for an amount in excess of what they actually were. 47. On January 27, 2014, CAFI was incorporated and Chandler was hired to act as Executive Director. No board meetings were called nor did any occur. Instead, Martin O'Boyle undertook to direct the foundation personally, along with operatives that he placed on the board—Ring and DeMartini. 48. Marlin O'Boyle threatened to stop the flow of money when his orders were not followed by CAFI. 49. As instructed, and in furtherance of the scheme, Chandler began creating public records requests and legal claims and referred these to the alleged O'Boyle Law Firm. 50. From January 2014 to at least July 2014, Jonathan O'Boyle permanently resided at his parents' home in Gulf Stream, Florida. During that time Jonathan O'Boyle helped direct the O'Boyle Law Firm from his father's offices at Commerce Group, including removing attorneys who were handling CAFI cases. At no time did Chandler direct that specific attomeys be removed from CAFI cases or authorize such personnel change. These decisions were made and directed by Jonathan O'Boyle. 23 LAW OFFICES OF S WEETAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 3R° STREET, BOCA PLATON, FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMD(AG), Palm Beach County 51. Despite the fact that Jonathan O'Boyle was not a Florida licensed attorney, he also offered Chandler legal counsel with regard to Chandler's own personal cases pending in the State of Florida. Jonathan O'Boyle further advised Chandler that he had assigned a Florida pending case to himself to handle. 52. In March 2014, Chandler's suggestion was rejected and he was directed by Ring and DeMartini that all public record request lawsuits by CAFI, OPR, PAI, and Stopdirtygovemment LLC must be referred to the O'Boyle Law Firm for filing. 53. Towards the end of March and in early April 2014, Chandler learned that Ring and Martin O'Boyle were making public records requests directed to the Town of Gulf Stream, allegedly at the behest of CAFI, without his knowledge or consent. 54. In April 2014, when Chandler inquired as to why he was not informed about all lawsuits filed by CAFI, the organization over which he was the executive director, DeMartini explained to Chandler that she was Martin O'Boyle's key employee and the director on the board of CAFI, to whom Chandler was to report. DeMartini further explained that she would be directing the flow of litigation to the O'Boyle Law Firm, 55. Also during April, DeMartini advised Chandler that Martin O'Boyle had approved the CAFI mission statement. DeMartini, a non -lawyer, attended law firm meetings with Chandler and participated in reviews of all client matters, not just CAFI cases. She made personnel decisions for the O'Boyle Law Firm and managed the alleged law firm's finances while claiming to be a board member of CAFI. 24 LAW OFFICES OF SWEETAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 3" STREET, BOCA RATON, FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County 56. During April 2014, DeMartini demanded that Chandler produce a minimum quota of 25 new public records lawsuits a week for the alleged O'Boyle Law Firm to file. 57. During this time Chandler also learned from an attorney at the O'Boyle Law Firm that Jonathan O'Boyle had been drafting lawsuits and filing them under the attorney's name without the attorney's knowledge or consent. Chandler was informed that this was done on more than one occasion and that Jonathan O'Boyle directed lawyers in the firm on settlement strategies. 59. In May 2014, DeMartini notified Chandler, who was also an individual client of the O'Boyle Law Firm, that she had full access to all of the O'Boyle Law Firm's internal records and client files. She shared all client reports with Chandler, not just reports concerning CAFI. 59. Based upon Chandler's learning that public records requests were being filed in the name of the foundation without his knowledge, Chandler again directed that all public records requests on behalf of CAN be made by himself, or at the very ]cast, that he be advised they were being made. 60. On May 16, 2014, DeMartini asked Chandler for a recap of the number of cases that were referred by the foundation to the O'Boyle Law Firm during January through May. DeMartini expressed her frustration to Chandler that he "had" only generated 211 cases in the 12 weeks since CAFI was created. 61. On May 19, 2014, Chandler met with Ring and DeMartini and again demanded that public records requests and lawsuits cease being filed without his knowledge or approval. After consulting with Martin O'Boyle, Ring and DeMartini agreed that this would no longer occur and confirmed that Chandler had the sole authority to make public records requests as well as to commence or to settle public records request lawsuits. Despite this, the O'Boyle Law Firm again filed another 25 LAW OFFICES OF SWEErAPPLE, BROEKER R' VARKAS, P.L. 20 S.E. 3AO STREET, BOCA RATON, FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County lawsuit against the Town of Gulf Stream, allegedly on behalf of CAFI without Executive Director Chandler's knowledge or approval. 62. During May 2014 Chandler learned that the O'Boyle Law Firm had no written fee agreements or engagement letters between the O'Boyle Law Firm and CAFI. 63. At the end of May 2014, DeMartini repeatedly requested that Chandler prepare verified complaint forms to be used by the O'Boyle Law Firm in public records request litigation. She specifically requested a template that could be used by the O'Boyle Law Firm. Chandler refused to comply with this demand. 64. By the end of May, DeMartini and Jonathan O'Boyle continued to express their frustration with Chandler because he insisted on reviewing and verifying all lawsuits to be filed on behalf of the foundation. DeMartini and Jonathan O'Boyle expressed concern that Chandler's review was slowing down the flow of litigation generated by the firm. 65. By this point it had become clear to Chandler that DeMartini, Ring and the O'Boyles were only concerned with the volume of cases that could be generated and with the profits that could be had from fraudulent settlement demands, rather than any public service. Chandler's repeated attempts to inform Ring and DeMartini of opportunities to work with civil rights groups, public agencies, student groups and journalists on open government issues were ignored. 66. On June 11, 2014, Chandler met with his private attorneys concerning what he perceived as serious ethical issues regarding CAFI and the O'Boyle Law Firm. His attorneys unanimously recommended to Chandler that he resign from the alleged foundation. 26 LAW OFFICES OF S WEECAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 3P° STREET, BOCA RATON, FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County 67. On June 30, 2014 Chandler arrived at the Commerce Group/CAFI/O'Boyle Law Firm office and presented his letter of resignation to Ring. Immediately thereafter, Martin O'Boyle demanded that Chandler retract his email confirming Jonathan O'Boyle's complicity in the scheme. Martin O'Boyle threatened Chandler that if he did not retract his email concerning Jonathan O'Boyle's involvement in the "windfall" scheme, Chandler would "force us to respond by making your life very unpleasant." Thereafter, Chandler refused to retract the entails and Martin O'Boyle repeated his threats several times. 68. Chandler exited the scheme and conspiracy. He publically exposed the enterprise, contacted the Town's legal counsel, and provided an email "drop box" to the Town of Gulf Stream's legal counsel containing evidence of the fraudulent and criminal conduct. Count I — Declaratory Judgment 69. Counter -Plaintiff re -alleges and incorporates by reference the allegations set forth in paragraphs I through 68 above. 70. There exists a bona -fide adverse interest between the parties concerning whether Counter -Defendants have the right, power, or privilege to act in the manners described above. 71. Counter -Plaintiff has doubt about the existence or non-existence of Counter -Defendants' rights or privileges and are entitled to have these doubts removed. 72. Counter -Plaintiff maintains the following while Counter -Defendants dispute same: a. That the O'Boyle Law Firm is not a lawful interstate law firm. 27 LAW OFFICES OF SWEErAPPIE, BROEKER a4. VARKAS, P.L. 20 S.E. 3" STREET, BOCA RATON, FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County i. It is in fact funded, owned, and controlled by non -lawyer Martin O'Boyle. The purported O'Boyle Law Firm is engaged in fraud and operating contrary to Florida law and Florida bar rules. It's charter should be revoked. b. CAFI and PAI are not bona -fide not-for-profit corporations. i. They are entirely funded by Martin O'Boyle and are merely his alter -egos for generating profit through the O'Boyle Law Firm. CAFI and PAI are fraudulently holding themselves out as Florida not-for-profit entities, and their charters should be revoked. c. Counter -Defendants are acting individually and in concert as part of a conspiracy to subvert the lawful operation of the Town's clerk's office. i. The Court should act to so declare and enjoin the above-described conduct as authorized by the Florida Supreme Court in Davis v. McMillan, 38 So. 666 (Fla. 1905). d. Counter -Defendants' are abusing process in an effort to force the Town to concede to O'Hare's roofing application and generate legal fees for the purported O'Boyle Law Firm. e. That the email "drop box" provided to Counter -Plaintiffs counsel at the time Chandler quit the criminal and fraudulent enterprise is not protected by the attomey-client privilege because 1) CAFI is not a bona -fide Florida not-for-profit entity; 2) The "O'Boyle Law Firm is not a bona -fide law firm; 3) Application of the crime -fraud exception, i.e. Florida Statute §90.502; and 4) Application of the 28 LAW OFFICES OF SWEETAPPLE, BROEKER & VARKAS, P.L. 20 S.E.3AD STREET, BOLA RATON, FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County "common interest exception," i.e. Florida Statute §90.502(4)(e); 5) Waiver, as all of the alleged CAP records have been shared by CAFI with third parties including Martin O'Boyle. 73, All adverse parties are before the Court by proper process. WHEREFORE, Counter -Plaintiff respectfully requests the Court to enter judgment declaring that: a. The O'Boyle Law Firm is not a lawful interstate law firm. It is in fact funded, owned, and controlled by non -lawyer Martin O'Boyle and the purported O'Boyle Law Firm is engaged in fraud and operating contrary to Florida law and Florida bar rules, and its charter should be revoked. b. CAM and PAI are not bona -fide not-for-profit corporations. They are entirely funded by Martin O'Boyle and are merely his alter -egos for generating profit through the O'Boyle Law Firm. CAR and PAI are fraudulently holding themselves out as Florida not-for-profit entities, and their charters should be revoked. c. Counter -Defendants are acting individually and in concert as part of a conspiracy to subvert the lawful operation of the Town's clerk's office. See Davis v. McMillan, 38 So. 666 (Fla. 1905). d. Counter -Defendants' are abusing process in an effort to force the Town to concede to O'Hare's roofing application and generate legal fees for the purported O'Boyle Law Firm. 29 LAW OFFICES OF SWEETAPPLE•, BROEKER & VARKAS, P.L. 20 SX. 3P0 STREET, BOCA RAroN, FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County e. The email "drop box" provided to Counter -Plaintiffs counsel at the time Chandler quit the criminal and fraudulent enterprise is not protected by the attomey-client privilege because 1) CAM is not a bona -fide Florida not-for-profit entity; 2) The "O'Boyle Law Firm is not a bona -fide law firm; 3) Application of the crime -fraud exception, i.e. Florida Statute §90.502; and 4) Application of the "common interest exception," i.e. Florida Statute §90.502(4)(e); 5) Waiver, as all of the alleged CAR records have been shared by CAFI with third parties including Martin O'Boyle. Counter -Plaintiff further prays the Court to retain jurisdiction to enter supplemental relief including claims for damages or disgorgement of monies or attorney's fees recovered by Counter -Defendants. Count II — Preliminary Injunction 74. Counter -Plaintiff re -alleges and incorporates by reference the allegations set forth in paragraphs 1 through 68 above. 75. As a result of Counter -Defendants' fraudulent scheme as described above, Counter -Plaintiff has suffered and will continue to suffer irreparable harm. This includes the monopolization of the Town's clerk's office in fulfilling public records request and the inability of the Town to reasonably comply with the inundation being perpetrated by Counter -Defendants. 76. Counter -Plaintiff has no adequate remedy at law because without an injunction Counter -Plaintiff is unable to keep its clerk's office operating on a reasonable basis. 30 LAW OFFICES OF S WEETAPPLE, 13ROEKER & VARKAS, P.L. 20 S.E. 3' STREET, BOCA RATON, FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County 77. Counter -Plaintiff has a substantial likelihood of success on the merits because Counter -Defendants' actions, as described above, are fraudulent and intended to cripple the Town's operations, close the clerk's office, and extort the Town. 78. The entry of an injunction will not disserve the public interest because it will prevent the misuse of Florida's Sunshine Law by Counter -Defendants. WHEREFORE, Counter -Plaintiff prays this Court to enter a preliminary injunction against Counter -Defendants and order that they cease their fraudulent scheme of using the Florida Sunshine Law, which allows for open government for all, as a way of closing the Town government. Counter -Plaintiff respectfully requests all other relief that the Court deems proper and just. Count III — Permanent Injunction 79. Counter -Plaintiff re -alleges and incorporates by reference the allegations set forth in paragraphs 1 through 68 and 74 through 78 above. 80. Counter -Defendants actions violate Counter -Plaintiffs clear legal right to properly maintain the Town's clerk's office for all citizens. Counter -Defendants are attempting to monopolize the Town's clerk and close the office, all for the purpose of extorting the Town. 81. Counter -Plaintiff has no adequate remedy at law because without an injunction Counter -Plaintiff has no way to keep its clerk's office operating on a reasonable basis. 82. A permanent injunction is necessary to prevent irreparable harm to the Town. WHEREFORE, Counter -Plaintiff prays this Court to enter a permanent injunction against Counter -Defendants and order that they cease their fraudulent scheme of using the Florida Sunshine 31 LAW OFFICES OF SWEEPAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 3m STREET, BOCA BATON, FLORIDA 33432 Martin O'Boyle v. Town of Gulf Stream 502014CA004474XXXXMB(AG), Palm Beach County Law, which allows for open government for all, as a way of closing the Town government. Counter -Plaintiff respectfully requests all other relief that the Court deems proper and just. Jury Demand Counter -Plaintiff hereby demands trial by jury to determine disputed issues of fact attendant to the declaratory judgment. Respectfully submitted, ROBERT A. SWEETAPPLE, ESQUIRE 20 S.E. 3rd Street Boca Raton, FL 33432 Telephone: (561) 392-1230 Email: pleadinesgsweetapplelaw.com M ROBERTA. SWEETAPPLE Florida Bar No.: 0296988 32 LAW OFFICES OF SWEETAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 3AO STmu, BOCA RATON, FLORIDA 33432 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502014CA004474XXXXMB-AA MARTIN E. O'BOYLE, Plaintiff(s), vs. TOWN OF GULF STREAM, Defendant(s). THIS MATTER came before the Court upon the Defendant's Motion for Leave to File Amended Answer, Affirmative Defenses and Counterclaim. The Court has reviewed the motion, the response from Plaintiff, and has considered argument of counsel. After review and consideration, the Court finds as follows: 1. The Plaintiff has stipulated that all records that should be produced pursuant to the public records request at issue in this cause have been produced by the Defendant. 2. Nonetheless, the Plaintiff opposes Defendant's motion and seeks an expedited hearing to allow the Court to determine the Plaintiffs potential entitlement to attorney's fees pursuant to Florida Statute §119.12. 3. The proposed Affirmative Defenses and Counterclaim raised by Defendant allege not simply malicious motives and public harm, see News Press Publishing Co., Inc. v. Gadt, 388 So.2d 276 (Fla. 2d DCA 1980), but a pattern of fraudulent conduct intended to make it impossible to comply with Florida Statute 119 through timely production, thereby mandating Plaintiffs entitlement to fees. The affirmative defenses 1 and counterclaim address not solely the Defendant's intent, but the reasonableness of the process by which the Plaintiff makes his record requests. 4. In this instance, all records have been produced and affirmative defenses have been raised regarding the process by which the Plaintiff makes his public record requests. The Court will be unable to resolve the remaining issues pursuant to the statute until the parties have completed their discovery on the claims and affirmative defenses. The counterclaim in many respects addresses the same factual issues as the affirmative defenses. Accordingly, it is ORDERED AND ADJUDGED as follows: A. The Defendant's Motion for Leave to File Amended Answer, Affirmative Defenses and Counterclaim is granted. B. The most recently filed Amended Answer, Affirmative Defenses and Counterclaim is hereby deemed filed. C. The Plaintiff/Counter-Defendant shall have twenty (20) days to respond. D. Plaintiffs Motion to Sever the Counterclaim is denied without prejudice. DONE AND ORDERED in Chambers, at West Palm Beach, Palm Beach County, Florida, on this a3 day of February, 2015. PETER D. BLANC, Circuit Judge Copies furnished VIA JUDICIAL E -SERVICE to: MITCHELL W. BERGER, ESQ., Berger Singerman, LLP, mberoerCc�beroersinoerman.com; sweber(7aberoersinoerman.com; drtoaberoersinoerman.com; drtc(),heroersincerman.com; mveoaCo beroersinoerman.com (954) 525-9900 DANIEL DESOUZA, ESQ., DeSouza Law, PA, ddesouzaCc desouzalaw.com (954) 603-1340 D. CULVER SMITH, III, ESQ.. Culver Smith, PA, csmithCCculversmithlaw.com (561) 59MB00 ROBERT A. SWEETAPPLE, ESQ.. Sweetapple, Broeker & Varkas, PL, pleadinos(Msweetapplelaw.com; rsweetapoleaa sweetaoplelaw.com (561) 392-1230 JOANNE O'CONNOR, ESQ./JOHN C. RANDOLPH, ESQ./ASHLEE A. RICHMAN, ESQ., Jones Foster Johnston & Stubbs, PA, ioconnorraionesfoster.com; mmacfarlaneaionesfoster.com; irandolph aionesfoster.com; arichman(a),ionesfoster.com (561) 659-3000 0J Kelly Avery From: Scottmorgan75@gmail.com Sent: Tuesday, October 28, 2014 3:42 PM To: Kelly Avery Subject: Letters to the Bar Attachments: Affidavit of Joel Edward Chandler - Notarized.pdf, FlaBar-UPL.Morgan.le.docx; FlaBar- Canter.le.docx Hi Kelly, Would you please prepare for my signature two letters to the Florida Bar, both of which will include the attached Affidavit of Joel Edward Chandler. The first letter is to Maura Canter, Esq. The second letter is to Janet Bradford Morgan, Esq. with a carbon copy to: Evan Brett Klinek, Esq. Chair, UPL Committee 17C Greenspoon Marder, PA Su. 1500 200 E. Broward Blvd. Ft. Lauderdale, FL 33301 Thanks. Scott Morgan 561-573-6006 Sent from Windows Mail 1 October 28, 2014 Janet Bradford Morgan, Esq. Branch LIPL Counsel The Florida Bar Lake Shore Plaza II Su. 130 1300 Concord Terrace Sunrise, FL 33323 Re: Jonathan R. O'Boyle Fla Bar No. 2015- 1027 (17C) Dear Ms. Morgan: Supplementing our Complaint against Mr. O'Boyle, please find enclosed the sworn Affidavit of Joel Edward Chandler. We respectfully request that this Affidavit be considered along with the other information previously supplied to The Florida Bar on this matters. Should you have any questions, please do not hesitate to contact me. Sincerely, Scott W. Morgan, Mayor Town of Gulf Stream c.c. Evan Brett Klinek, Esq. AFFIDAVIT OF JOEL EDWARD CHANDLER BEFORE ME, the undersigned authority, personally appeared JOEL CHANDLER, who after being duly sworn, deposes and says that: I. My name is JOEL CHANDLER. 2. I am over eighteen (18) years of age. 3. I am a resident of Polk County, Florida. 4. I have personal knowledge of every assertion made in this affidavit. S. Citizens Awareness Foundation, Inc., (herein "CAFI"), was formed as a Florida not-for-profit corporation by Martin O'Boyle in concert with his son, Jonathan O'Boyle. 6. Jonathan O'Boyle is an attorney admitted in Pennsylvania and New Jersey, but not admitted to practice in Florida. 7. In January 2014,1 was solicited by Martin O'Boyle to lead a not-for-profit corporation that was, he said, intended to promote open government. That not-for-profit corporation was created at Martin O'Boyle's direction and became known as the "Citizens Awareness Foundation, Inc." or "CAFE' 8. During my discussions with Martin O'Boyle, wherein he sought to hire me to serve as the leader of CAR, we explicitly agreed that CAM would have an independent Board of Directors; that the Board of Directors would be entirely free from the influence of Martin O'Boyle or the O'Boyle Law Firm; that I would have absolute and sole discretion regarding the commencement and resolution of open government litigation on behalf of CAFI, and; subject only to the independent Board of Directors, I would have the authority to select and retain law firms for the purpose of engaging in open government litigation. 9. During January or February of 2014, I participated in a telephone conversation with Martin O'Boyle and Robert "Bob" Tweel, a tax attorney from West Virginia. Martin O'Boyle and I discussed with Mr. Tweel the absolute necessity that CAFI be a legitimate not-for-profit entity. This included, but was not limited to, the requirement that CAFI use a variety of law firms to represent it so as to avoid the appearance of self-dealing. 10. Martin O'Boyle indicated to Mr. Tweel and to me that he was going to loan all necessary monies to fund CAM and, after 501(c)(3) status was acquired, write of as a charitable donation all of the monies he had loaned to CAFI. After leaving this meeting I was particularly encouraged that Martin O'Boyle was genuine in his interest to establish a bona fide not-for-profit entity of which 1 would serve as the Executive Director and that CAFI would afford me the opportunity to more effectively continue my work as a civil rights activist and advocate for open government. 11. Martin O'Boyle appointed Brenda Russell, William Ring and Denise DeMartini to the CAFI Board. 12. Brenda Russell is Martin O'Boyle's long time secretary. She was never present for meetings. In fact, no formal meetings of the Board were ever called or held. For a brief time, Brenda Russell collected my travel and business receipts, all of which were subject to the approval of Martin O'Boyle. 13. William Ring is Martin O'Boyle's longtime business associate and corporate attorney. 14. Denise DeMartini is the long-time employee of Martin O'Boyle or entities that he controls. 15. All of my negotiations for employment by CAFI were with Martin O'Boyle. At no 2 time did I engage in any negotiations regarding the details of my employment, including my compensations, with anyone other than Martin O'Boyle. 16. At Martin O'Boyle's direction I drafted and signed a proposed memorandum of understanding regarding my employment by CAFI. I have never received a copy of the proposed memorandum of understanding signed or approved by the board of CAFI. 17. I served as the Executive Director of CAR for approximately five (5) months, through the end of June 2014. 18.1 resigned because of repeated instances of conduct perpetuated by Martin O'Boyle, Jonathan O'Boyle, William Ring, Denise DeMartini, and some of the attorneys at the O'Boyle Law Firm, P.C., Inc., (herein the "O'Boyle Law Firm"), as set forth herein, which I believe may be criminal, fraudulent and unethical. 19. My relationship with the O'Boyle Law Firm was not limited to my capacity as the Executive Director of CAF[. As the individual plaintiff in several open government lawsuits, I had retained the O'Boyle Law Firm as my personal legal counsel. 20. My communications with the attorneys of the O'Boyle Law Firm, including Jonathan O'Boyle, affected both CAR and me, as an individual client. 21. Martin O'Boyle and Jonathan O'Boyle told me that Martin O'Boyle was funding the O'Boyle Law Firm. 22. Martin O'Boyle told me that he was also funding CAFI. 23. The Martin O'Boyle business entities, including Commerce Group, Inc., CAFI, and the O'Boyle Law Firm operated from the same physical location and were controlled by Martin O'Boyle. 24. Despite assurances that CAR would be independent and not-for-profit, Martin O'Boyle and the O'Boyle Law Firm used CAFI for the sole purpose of generating attorney's fees for the O'Boyle Law Firm. 25. Throughout my tenure with CAFI, 1 repeatedly demanded that lawsuits not be filed or settled without my direct authorization. 26. In spite of Martin O'Boyle's initial assurances to the contrary, I was not permitted to retain legal counsel on behalf of CAFI, other than the O'Boyle Law Firm. William Ring, CAFI's President and Martin O'Boyle's proxy, communicated this to me. 27. On numerous occasions, 1 learned that the O'Boyle Law Firm, on behalf of CAFI, had filed lawsuits, without my knowledge or authorization. 28. The O'Boyle Law Firm routinely settled cases without written fee agreements, contingency agreements or closing statements. No accountings of the monies received were provided to me despite my repeated requests for that documentation. 29. Repeatedly, I advised Martin O'Boyle, William Ring and Jonathan O'Boyle that my other personal attorneys had advised it was a serious Bar violation to disburse settlement funds without client approval or closing statements. 30. Despite my protests, the O'Boyle Law Firm continued to file and settle lawsuits on behalf of CAFI and to collect and keep settlement payments. At no time was I ever presented with any form of accounting for legal fees or the disbursement of settlement payments. 31. During the O'Boyle Law Firm's representation of CAFI and me, I was personally present, or present by telephone, at numerous O'Boyle Law Firm meetings. Denise DeMartini, Martin O'Boyle's executive assistant and Director of CAFI, conducted these aw firm meetings. During these meetings, and in my presence, many pending cases were discussed. These discussions included the details of cases to which neither CAR nor I were parties. Denise DeMartini is not a member of the Florida Bar. 32. It became commonplace for Martin O'Boyle to express his opinions and to offer his advice with respect to litigation strategies and on the conduct of CAR lawsuits as well as the cases of other firm clients. Jonathan O'Boyle actively participated in these discussions and, in my presence, directed the work of O'Boyle Law Firm attorneys and made litigation decisions. 33. During the course of my employment I learned that Martin O'Boyle directed his secretary to file in excess of 100 public records requests to the Town of Gulf Stream, under the pretense that these were being filed on behalf of CAFI. He also ordered that lawsuits be filed by CAFI against the Town of Gulf Stream. This was done without my authority and litigation was filed over my objection. 34. When I complained about the fact that Martin and Jonathan O'Boyle were not honoring the commitment that I would have sole authority to make public records requests and conduct litigation, I was told by William Ring that this was "the way Big Daddy wants it", i.e., Martin O'Boyle. Otherwise, "Big Daddy will tum -off the spigot of money". 35. Jonathan O'Boyle advised me that he was not a member of the Florida Bar but would be become a member within days. During the five months that I worked with CAR, Jonathan O'Boyle worked full-time at the O'Boyle Law Firm providing legal advice, directing the administration of cases, and assuming responsibility for cases. 36. The O'Boyle Law Firm and Jonathan O'Boyle prosecuted and filed some cases without my permission and settled some cases without my knowledge or consent. 37. No retainer agreements were ever entered into with me on behalf of CAFI. No contingency agreements were entered into with me on behalf of CAFI. No closing statements were ever presented to me and it appears that all monies that were solicited from defendants were paid directly to the O'Boyle Law Firm. 38. Martin O'Boyle, through his entities, funded all of the filing fees and expenses of CAM as well as the expenses of the O'Boyle Law Firm. CAM has now filed scores, if not hundreds, of cases against state and local agencies throughout Florida as well as various state contractors. 39. The employees of all of Martin O'Boyle's entities, including The Commerce Group, Inc., CAR and the O'Boyle Law Firm were shared. Denise DeMartini and William Ring worked for Martin O'Boyle, CAFI and the O'Boyle Law Firm. 40. Although Martin O'Boyle named Denise DeMartini a director of CAFI, she also directed the operations of the O'Boyle Law Firm and conducted law firm meetings. 41. Denise DeMartini repeatedly stated that CAR was required to file at least one hundred lawsuits a month; that all lawsuits had to be directed to the O'Boyle Law Firm for prosecution, and; that as my direct supervisor, she would evaluate my performance based upon my ability to deliver a minimum of twenty-five case per week to the O'Boyle Law Firm. 42. Through William Ring, Martin O'Boyle insisted that the O'Boyle Law Firm handle all litigation. 43. Martin O'Boyle told me he had unlimited money to pay filing fees for CAM cases and I was to file as many cases as possible. 44. When I asked Martin O'Boyle to quantify how many cases he was willing to finance he said it was virtually unlimited. When 1 again tried to clarify by asking him if he was willing to finance three thousand (3,000) cases in a single year, he said "sure." 45. When I learned it was the policy and practice of the O'Boyle Law Firm to demand settlement of cases against government entities and state contractors for attorney's fees in excess of the fees actually earned I was livid. In fact, I confronted William Ring, Denise DeMartini and Jonathan O'Boyle in May of 2014 and stated in unequivocal terms that 1 would resign if it didn't stop. 46. In one telephone conversation with Jonathan O'Boyle I warned him at least six times that I was going to resign and that I objected to Denise DeMartini's demands that I produce 100 cases per month, her control of the O'Boyle Law Firm and the windfall scheme of collecting more monies in attorney's fees from defendants, than had actually been earned. 47. Despite these complaints, William Ring, Denise DeMartini and Jonathan O'Boyle told members of the firm that I had authorized the windfall scheme. When I learned of this I confronted those involved. Nick Taylor, Esquire confirmed that despite my objection, the windfall scheme would continue as firm policy. Shortly thereafter, I announced my resignation. 48. Ryan Witmer and Giovanni Mesa announced they were also going to resign. 49. William Ring announced he was going to become a member of the O'Boyle Law Firm at about that time. 50. After 1 resigned, Martin O'Boyle contacted me by telephone and demanded that 1 withdraw an email I had sent to Nick Taylor regarding Jonathan O'Boyle's unlicensed practice of law and Jonathan O'Boyle's authorship of the windfall scheme. During that call, which was my last conversation with Martin O'Boyle, he repeatedly threatened to bring great "unpleasantness" to my life if I failed to renounce my email to Nick Taylor. 51. Thereafter, Martin O'Boyle repeatedly attempted to contact me by telephone and email seeking my assistance to facilitate CAFI in filing additional lawsuits. 52. After resigning from CAM I sent an email to numerous newspaper and television news reporters announcing my resignation. 1 copied that announcement to dozens of individuals, including Robert Sweetapple, Esquire, to notify them of my disassociation and disapproval of the O'Boyles and their activities. 53. Within a few days of my resignation from CAFI, I granted an interview with a reporter from the Lakeland Ledger and provided many of the details contained within this affidavit. 54. Prior to emailing Robert Sweetapple, I had never met him, spoken to him, nor had he or any members of his firm contacted me. 55. Prior to my emailing the law firm of Jones Foster, I had never had any contact with Joanne O'Connor, Esquire, or any member of that law firm. 56. My subsequent contact with Robert Sweetapple and Joanne O'Conner was entirely the result of own initiative. 57.1 sent my email to Robert Sweetapple because I knew he represented the Town of Gulf Stream, which 1 believed was being victimized by Martin O'Boyle and the O'Boyle Law Finn and 1 was concerned that the conduct of Martin O'Boyle and the O'Boyle Law Firm might be illegal and fraudulent. 58.1 believed that I had a duty to make all victims, including the Town of Gulf Stream, aware of what I learned during my association with Martin and Jonathan O'Boyle. For example, Martin O'Boyle's orchestration of more than one hundred public records requests being served upon the Town of Gulf Stream, allegedly under the name of CAFI, but without my authorization; Martin O'Boyle's direction that lawsuits be filed by the O'Boyle Law Firm in the name of CAFI against the Town of Gulf Stream but without my authorization, and; in spite of my objections, Martin O'Boyle's use of CAFI as a weapon in his personal vendetta against the Town. 59. Prior to contacting Robert Sweetapple to make him aware of my concerns regarding Martin and Jonathan O'Boyle's conduct, l met with numerous private attorneys. As a result of those meetings I concluded that 1 had a duty to disassociate myself from the O'Boyles and to make full disclosure of any illegal and fraudulent activities. I have also contacted numerous other victims and their attorneys to advise them of the conduct of the O'Boyles and to provide them with evidence of such conduct. 60. Before speaking with Robert Sweetapple on the phone I spoke with Joanne O'Connor by telephone and made her aware of the misconduct. 6 1. 1 then provided to Robert Sweetapple evidence of what 1 believe may be fraudulent and criminal conduct as well as a detailed chronology of events. 62. Thereafter, I spoke with Robert Sweetapple and gave him permission to meet with me and to take a voluntary sworn video statement concerning my involvement with Martin O'Boyle, Jonathan O'Boyle, CAFI and the O'Boyle Law Firm. 63. At all times Robert Sweetapple made me aware of the application of the lawyer -client privilege, both as it pertained to CAFI and to me personally. I determined, based upon independent legal advice, that I was fully permitted and had a duty to disclose what I believe to be the criminal and fraudulent conduct of Martin O'Boyle, Jonathan 9 O'Boyle, CAFI and the O'Boyle Law Firm. I also voluntarily waived privileged matters that arose from the joint representation by the O'Boyle Law Firm. 64. In spite of the many contrary assurances made by Martin O'Boyle to me, including the exercise of my independent judgment and meaningful economic resources to be used to promote the public's right to access government records and meeting, in reality CAFI's sole purpose is to serve as an exclusive in-house mechanism whereby the O'Boyle Law Firm can generate legal fees by filing hundreds of open government lawsuits. 65. The egregiousness of the scheme was exacerbated by the O'Boyle Law Firm's policy of demanding excessive and unearned legal fees from defendants as a condition of settlement. 66. Simply put, CAM is a profit -generating scheme funded by Martin O'Boyle to produce fees for his son's legal practice. 67. Allegations that Joanne O'Conner, Robert Sweetapple or their firms purposely solicited and obtained confidential information from me is false. The allegation that this was done to gain an unfair advantage in litigation is further false. 68. The information that I provided to Robert Sweetapple and Joanne O'Connor was not intended to provide an unfair advantage to the Town of Gulf Stream, but to make the Town and all other victims aware of what I believe to be the fraudulent, criminal and professionally unethical conduct of Martin O'Boyle, Jonathan O'Boyle, CAM and the O'Boyle Law Firm. 69. Robert Sweetapple and Joanne O'Connor did not solicit privileged information from me. I voluntarily contacted them and made my own determination, after meetings with 10 independent counsel, as to what information and documents to provide to victims. 70. My sole motivation for contacting the media, victims and their attorneys, proving evidence, inviting the taking of my sworn statements and authoring this affidavit is to protect the essential civil right of all Floridians to know what their government is doing in their name and at their expense. It is my considered opinion that the unconscionable conduct of Martin O'Boyle, Jonathan O'Boyle, CAR and the O'Boyle Law Firm serves as an example of the abuse of our legal system and will be used by opponents of open government as an excuse to limit the public's right to know. FURTHER AFFIANT SAYETH NAUGH . JO VAANDLER SWORN TO AND SUBSCRIBED before me this% day of October, 2014. °c �""'�±;'•.; AMBER COLSON KELLY �' E Notary Public - State of Florida E ���' My Comm. Expires May 31, 2015 '•','ja.,.d;.•' Commission N EE 166909 �,,, Personally known Produced Identification Identification produced: E EL 'yam r`^' ., — C. AL�- NOTARY PUBLIC Ayb�4 k�kk4 Printed Name of Notaryry�� 31 ZO IS My Commissions Expires: (�J r;:+� 11J?JD'J H3l•:�4n 9;i�"��`; - i•:,J•. ',:S: toti5r{.rt•rtio5y67 ie:1i1 � .:11 :J 4 re::UrgU.l '��.. '� � � '� i.. October 28, 2014 Maura Canter, Esq. The Florida Bar 651 East Jefferson St. Tallahassee, FL 32399-2300 Re: Nickalaus Taylor, RFA No. 15-0432 Giovani Mesa, RFA No. 15-4031 Ryan Witmer, RFA No. 15-4033 William F. Ring, Fla Bar File No. 2015-50,283(17D) Dear Ms. Canter: Supplementing our Complaints of unethical behavior on the part of the above- named attorneys, please find enclosed the sworn Affidavit of Joel Edward Chandler. We respectfully request that this Affidavit be considered along with the other information previously supplied to The Florida Bar on these matters. Should you have any questions, please do not hesitate to contact me. Sincerely, Scott W. Morgan, Mayor Town of Gulf Stream LAW OFFICES OF SWEETAPPLE, BROEKER & VARKAS, P.L. DOUGLAS C. BROEKER, P.A. 44 West Flagler Street, Ste. 1500 Miami, Florida 33130-6817 Telephone: (305) 374.5623 Facsimile. (305) 358-1073 ROBERT A. SWEEFAPPLF- •, •• DOUGLAS C. BROEKER ALEXANDER D. VARKAS, JR. KADISHA D. PIIELPS ASHLEIGH M. GREENE • wARa CERTlitaa BUSINE43llnaAllaN AT19PMY •• BBARp CERNiap eIVlLTaIAL ATIOa4EY September 3, 2014 Janet Branford Morgan, Esquire The Florida Bar Lakeshore Plaza II 1300 Corcord Terrace, Suite 130 Sunrise, Florida 33483 SWEETAPPLE & VARKAS, P.A. 20 S.E. V Sheet Boca Raton, Florida 33432-4914 Telephone: (561) 392-1230 Facsimile: (561) 394-6102 Please Reply To: Boca Raton E -Mail: rsweetapp Ie@sweetappicl aw.wm avarkes@sweelapplclaw.cam kphelps®sweetapplelaw.com cbailcy@ sweetapplelaw.com dsmith a@swcetappiclaw.com Paralegals: Cynthia J. Bailey, CP, FCP, FRP Deborah Smith, CP, FRP Jamie Arden, FRP Re: Unauthorized Practice of Law Complaint against Jonathan R. O'Boyle File No. 20151027(17C) Dear Ms. Morgan: Your letter of August 29, 2014 addressed to Mayor Morgan has been forwarded to me. Enclosed please find a copy of the videotaped statement of Joel Chandler with accompanying transcript that was referenced in Mayor Morgan's Complaint. Very truly yours, OBERT A. SWEETAPPLE LAW OFFICES OF SWEETAPPLE, BROEKER & VARKAS, P.L. DOUGLAS C. BROEKER, P.A. 44 West Hagler Street, Ste. 1500 Miami, Florida 33130-6517 1 elcphone: (305) 374-5623 Facsimile: (305) 358-1023 ROBERT A. SWEETAPPLE •, •' DOUGLAS C. BROEKER ALEXANDER D. VARKAS, JR. KADISHA D. PHELPS ASHLEIGH M. GREENE • BOABDCFATIFlPD BaSMaf51lTIOAafON aIlORN1.Y •, BOAaO CERirriEa ClV6maAL ATIOIWCY September 10, 2014 Janet Branford Morgan, Esquire The Florida Bar Lakeshore Plaza II 1300 Cotord Terrace, Suite 130 Sunrise, Florida 33483 SWEETAPPLE & VARKAS, PA, 20 S.E. 3° Street Boca Raton, Florida 334324914 Telephone: (561) 392-1230 Facsimile: (561) 394-6102 Please Reply To: Boca Raton E -Mall: nwmtappic@sweetappiclaw.com avukm@sweetappiclaw.com kphelps@swcetappiclaw.com chailc). swecmpplelaw.com dsmith@sweetapplclaw.com Paralegals: Cynthia J. Bailey, CP, FCP, FRP Deborah Smith, CP, FRP Jamie Arden, FRP Re: Unauthorized Practice of Law Complaint against Jonathan R. O'Boyle File No. 20151027(17C) Dear Ms. Morgan: Related to the above matter, enclosed is a copy of a Motion for Sanctions and referenced exhibits. Very truly yours, ROBERT A. SWEETAPPLE RAS:cjb Encl. LAW OFFICES OF SWEETAPPLE9 BROEKER & VARKAS, P.L. DOUGLAS C. BROEKER, PA 44 West Flagler Street, Ste. 1500 Miami, Florida 33130.6617 Telephone: (305) 374-5623 Facsimile: (305) 358-1023 ROBERT A- SWEETAPPLE �, �• DOUGLAS C. BROEKER ALEXANDER D. VARKAS, JR. KADISHA D. PHELPS ALEXANDER D. VARKAS, III ASHLEIGH M. GREENE • BOARat>RiaWtf BUfINPsB rJnaAm1NAT19aNEY •, 9aAR0 CWlMPDCrVLLT1aALATIORNlY January 16, 2015 VIA EMAIL and US MAIL Roberto Mendez, Esquire The Florida Bar Ft. Lauderdale Branch Office Lake Shore Plaza II 1300 Concord Terrace, Suite 130 Sunrise, Florida 33323 SWEETAPPLE & VARKAS, P.A. 20 S.E. 3" Street Baca Raton, Florida 33432-4914 Telephone: (561) 392-1230 Facsimile: (561) 394.6102 Please Reply To: Boca Raton E -Mail: ms tapplc@sweetapplelaw.com avarkas©swectapplelaw.eom sivarkas®sweetapplelaw.com cbailey@swcetapplelaw.com dsmith®sweetapplelaw,com Paralegals: Cynthia J. Bailey, CP, FCP, FRP Deborah Smith, CP, FRP Jamie Arden, FRP Re: Complaints of Honorable Scott W. Morgan against William F. Ring, Jr., Esq., The Florida Bar File No. 2015-50,283(17 A); Nickalaus B. Taylor, Esq., The Florida Bar File No. 2015-50,426(17 A); Giovani Mesa, Esq., The Florida Bar File No. 2015-50,427(17 A); and Ryan L. Witmer, Esq., The Florida Bar File No. 2015-00,223(17 A) Dear Mr. Mendez: Per your request, enclosed please find the video recording and transcript of Joel Chandler for your review. Additionally I have enclosed a Motion to Leave to File Amended Answer, Affirmative Defenses and Counterclaim, Notice of Filing Amended Exhibit A to Motion for Leave and article from the Florida Center for Investigative Reporting dated January 9, 2015 titled "Following FCIR Story, New Legislation Proposed as Citizens Awareness Foundation Suspends Operations for your review. RAS:cjb Encl. Very truly yours, A ROBERT A. SWEETAPPLE TOWN OF GULF STREAM COMMISSIONERS SCOTT W. MORGAN, Mayor ROBERT W. GANGER, Vice -Mayor JOAN K. ORTHWEIN THOMAS M. STANLEY DONNAS. WHITE November 24, 2014 Maura Canter, Esq. The Florida Bar 651 East Jefferson St. Tallahassee, FL 32399-2300 PALM BEACH COUNTY, FLORIDA Re: Nickalaus Taylor, RFA No. 15-0432 Giovani Mesa, RFA No. 15-4031 Ryan Witmer, RFA No. 15-4033 William F. Ring, Fla Bar File No. 2015-50,283(17D) Dear Ms. Canter: Telephone (561)276.5116 Fax (561)737-0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR We have received Mr. Tozian's response to the Town of Gulf Stream's complaints against the above-named lawyers. The Town requests an opportunity to respond to the three pages of assertions in Mr. Tozian's letter, and kindly asks for a ten (10) day extension of time to do so. Without an extension, the Town's response would be due on November 27, 2014, which is Thanksgiving Day. We request your permission to file our response on or before Monday, December 8, 2014. Sincerely, Cott W. Mor jayor Town of Gulf Stream c.c. Scott K. Tozian, Esq. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 TOWN OF GULF STREAM COMMISSIONERS SCOTT W. MORGAN, Mayor ROBERT W. GANGER, Vice -Mayor JOAN K. ORTHWEIN THOMAS M. STANLEY DONNAS. WHITE November 24, 2014 Maura Canter, Esq. The Florida Bar 651 East Jefferson St. Tallahassee, FL 32399-2300 PALM BEACH COUNTY, FLORIDA Re: Nickalaus Taylor, RFA No. 15-0432 Giovani Mesa, RFA No. 15-4031 Ryan Witmer, RFA No. 15-4033 William F. Ring, Fla Bar File No. 2015-50,283(17D) Dear Ms. Canter: Telephone (561)276.5116 Fax (561)737-0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR We have received Mr. Tozian's response to the Town of Gulf Stream's complaints against the above-named lawyers. The Town requests an opportunity to respond to the three pages of assertions in Mr. Tozian's letter, and kindly asks for a ten (10) day extension of time to do so. Without an extension, the Town's response would be due on November 27, 2014, which is Thanksgiving Day. We request your permission to file our response on or before Monday, December 8, 2014. Sincerely, Cott W. Mor jayor Town of Gulf Stream c.c. Scott K. Tozian, Esq. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail February 9, 2016 Martin E. O'Boyle [mail to: records@commerce-group.com] Re: GS # 2045 (1174) Provide a copy of all communications that the Town of Gulf Stream sent to the Florida Bar and/ or the Florida Bar Ethics Committee. This request would include all memos, drafts, letters, photographs, videotapes, and audio tapes. This request is made jar the period January 1, 2013 through the date of this request. The tern: "Town of Gulf Stream" shall mean each of the following: the Town of Gulf Stream, its Commissioners, its Manager, its employees, its Police Department, its Police Officers and its Counsel (including, without limitation, the following law firms) Sweetapple, Broeker & Varkus; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (inchuling, without limitation, the attorneys, employees and partners of each such law firm.) Dear Martin E. O'Boyle [mail to: recordsAcommerce-eroup.coml, The Town of Gulf Stream has received your original record request dated November 6, 2015. Your original public records request can be found at the following link http://www2.gulf- stream.org/weblink/O/doc/70208/Pa eg l.aWx. Please refer to the referenced number above with any future correspondence. Please find the remaining responses at the same above link. We consider this closed. Respectfully, Town Clerk, Custodian of the Records