HomeMy Public PortalAboutPRR 15-2050From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com]
Sent: Wednesday, November 11, 2015 11:54 AM
To: Bill Thrasher <bthrasher@gulf-stream.org>
Subject: Follow up record request - Fwd: GS #2037 (sweetapple conditional letter)
Dear Custodian of Records,
Thank you for responding to my recent request for a public record. Forwarded herein for your
reference is your response with my request. Your response includes a link to a page on the Town
website where I found the apparent record. This page is also attached for your reference.
I note that my record request was made to you on October 29, 2015 but the record you produced
in response to this request is dated yesterday, November 10, 2015, the very same day you sent it
to me. This surprises me because you have previously stated to me that:
1) The Town does not produce records that are created or received AFTER the date of the
request - this record is dated 12 days after you received my request.
2) The Town does not create a record in response to a request - this record was apparently
created because I asked for it.
I am writing you now to inquire further about this matter. I have fashioned my inquiry into the
form of a public record request to insure a response. Thank you for your attention to this
additional request.
This email is a singular request for a public record. Please respond to this public record request in a singular manner and
do not combine this public record request with any other public record requests when responding.
Before making this public record request, I first searched the public records portion of your agency's website hoping I
could locate the public record I seek without having to trouble you for it. Unfortunately I can not find the records I wish to
examine and I am therefore writing you now to request it.
I request you provide for my inspection the public record which is:
Any payment to, and bills from, Cole, Scott & Klssane, P.A. for legal work completed on behalf of Robert
Sweetapple since January 2015.
Any payment to, and bills from,
Sweetaople, Broeker &Varkas, P.L. (or any other firm in which Mr. Sweetapple has an Interest) for legal work
completed on behalf of Robert Sweetapple
since January 2015.
Any communication between the Town and anyone at
Cole, Scott & Kissane, P.A. regarding the production of their Nov 10, 2015 letter.
I make this request pursuant to Article 1. Section 24 of the Florida Constitution and Chapter 119 of the
Florida Statutes.
If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure
please cite the specific exemption as required by $119.07(1)(e) of the Florida Statutes and state in writing and with
particularity the basis for your conclusions as required by § 119.07(1)(f) of the Florida Statutes.
Please take note of 5119.07(1)(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge
receipt of this public records request and (2) make a good faith effort which "includes making reasonable efforts to
determine from other officers or employees within the agency whether such a record exists and, ifso, the location at
which the record can be accessed." I am, therefore, requesting that you notify every individual in possession of
records that may be responsive to this public records request to preserve all such records on an immediate basis.
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 §I19.01(2)(f). Florida Statutes.
Please provide only those records for inspection that do not require extensive use of information technologies or
extensive staff time or both in excess of 15 minutes. Please take note of 4119.070)(01(d) Florida Statues and if
you anticipate that any records exist, the production for inspection of which will require extensive use of
information technologies or extensive staff time or both in excess of 15 minutes, then please advise me of the cost
you anticipate to be incurred by your agency prior to incurring this cost. Please do not incur any costs on my behalf
without fast obtaining my written authorization to proceed.
If you anticipate the need to incur any costs that I would be statutorily required to pay in order to inspect these
public records which would exceed $1.00 please notify me in advance of your incurring that cost with a written
estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total number of pages and/or
records, as well as to distinguish the cost of labor and materials. Again, please do not incur any costs on my behalf
without fast obtaining my written authorization to proceed.
I hereby reserve all rights granted to me under the Florida Constitution and Florida Statutes.
Please provide for my inspection the requested records within ten (10) days of your receipt of this request. All
responses to this public records request should be made in writing to the following email address:
chrisoharegulfstream(a),gmail.com
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
November 16, 2015
Chris O'Hare [mail to: chrisoharegulfstream@gmail.com]
Re: GS #2050 (Follow up record request - Fwd: GS #2037 (sweetapple conditional letter))
(1) Any payment to, and bills from, Cole, Scott & Kissane, P.A. for legal work completed on
behalf of Robert Sweetapple since January 2015.
(2) Any payment to, and bills from, Sweetaople, Broeker &Parkas, P.L. (or any other firm in
which Mr. Sweetapple has an interest) for legal work completed on behalf of Robert
Sweetapple since January 2015.
(3) Any communication between the Town and anyone at Cole, Scott & Kissane, P.A.
regarding the production of their Nov 10, 2015 letter.
Dear Commerce Group, Inc. [mail to: recordsna,commerce-srouo.coml,
The Town of Gulf Stream has received your public records requests dated November 11, 2015.
The original public record request can be found at the following link: http://www2.eulf-
stream.ore/weblink/O/doc/70266/Pagel.asl2x. 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
Rebecca Tew
From:
Sent:
To:
Cc:
Subject:
Attachments:
www.csklegal.com
Joshua A. Goldstein <Joshua.Goldstein@csklegal.com>
Tuesday, November 10, 2015 12:12 PM
Rebecca Tew
Lisa Daye; Cynthia Bailey (cbailey@sweetapplelaw.com)
FW: O'Boyle v. Sweetapple, et al.
Town of Gulf Stream Ltr dated 11-10-15.PDF
Joshua A. Goldstein, Es(
Joshua.Goldstein@csklegal.com
Tel: 561-383-9256
Fax: 561-683-8977
222 Lakeview Avenue, Suite 120
West Palm Beach, FL 33401
From: Lisa Daye
Sent: Tuesday, November 10, 2015 11:44 AM
To: rtw@gulf-stream.org
Ce: Joshua A. Goldstein; cbailey@sweetapplelaw.com
Subject: O'Boyle v. Sweetapple, et al.
Dear Sir or Madam:
Attached please find correspondence from Mr. Goldstein regarding the above. Thank you.
www.csldegal.com
Lisa Daye
Legal Assistant to Attorneys:
Lisa.Daye@csklegal.com
Tel: 561-681-9208
Fax: 561-683-8977
222 Lakeview Avenue, Suite 120
West Palm Beach, FL 33401
Confidentiality Notice: This communication is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-
2521. It is legally privileged (including attachments) and is intended only for the use of the individual(s) or entity(ies) to which
it is addressed. It may contain information that is confidential, proprietary, privileged, and/or exempt from disclosure under
applicable law. Any review, retransmission, dissemination or other use of, or tatting of any action in reliance upon this
information by persons or entities other than the intended recipient is strictly prohibited. If you have received this
communication in error, please notify us so that we may take the appropriate action and avoid troubling you further. If you
are not the intended recipient(s), please destroy this message, and any attachments, and notify the sender by return e-mail.
Thank you for your cooperation.
November 10, 2015
E -Mail: RTW( eulf-stream.ore
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483-7477
222 LAKEVIEW AVENUE, SUITE 120
WEST PALM BEACH, FLORIDA 33401
TELEPHONE (551) 383-9200
FACSIMILE (561) 583.8977
WEBSITEw osklegal.com
DIRECT LINE (581) 383-9258
EMAIL Joshua. Goldstein@csklegal.com
RE: Plaintiff Martin O'Boyle
Defendants Robert A. Sweetapple and Mayor Scott Morgan/Town
of Gulf Stream
Case No. 0:14-CV-81250-KAM
Our File No. 1601-0062-00
Sir or Madam:
Please be advised that the undersigned law firm of Cole Scott Kissane, P.A., has been
retained to represent Robert Sweetapple, Esq. of Sweetapple, Broeker & Varkas, P.L. on behalf
of Lawyer's Protector Plan® regarding the above. Our client's deductible is $25,000.00 and our
hourly rates are as follows:
TYPE
RATE
Partners
$150.00
Associates
$125.00
Paralegals
$50.00
To date, the costs incurred in this matter are $590.17, we note this does not include attorney's
fees.
Thank you and if you have any questions, please do not hesitate to contact us.
Very
7AG/ld
L. Postman
A. Goldstein
cc: Cynthia Bailey (e-mail)
1:U601-8062-(lo\rormspondenm*vemnteot agency\town orgull'stream.00I rc confirmingourmpmsenlation.docz
LAW OFFICES OF
SWEETAPPLE, BROEKER & VARKAS, P.L.
DOUGLAS C. BROEKER, P.A.
44 West Flagler Street, Ste. 1500
Miami, Flwida 33130 -UI7
Telephone: (305) 374 -5623
Facsimile: (305)355.1023
ROBERT A. S W EEFAPPLE •, ••
DOUGLASC. BROEKER
ALEXANDER D. VARKAS, JR.
KADISHA D. PHELPS
ALEXANDER D. VARKAS, Ill
ASHLEIGH M. GREENE
February 27, 2015
• eoAaa axnneo ausoassimwTamAnoara;r
,• aeAPa 60.T61FDC1V6Ta1ALA1taPNEY
VIA EMAIL
William Thrasher — City Manager
Town of Gulf Stream
100 Sea Road
Gulf Stream, Florida 33483
SWEETAPPLE & VARKAS, P.A.
20 S.E. 3i0 Sheet
Boca Raton, Florida 33432 -4914
Tclephone:(561) 392 -1230
Facsimile: (561) 394 -6102
Please Reply To: Boca Raton
E -Mail:
tsweempple@sweetapplelaw.00m
avatkas@sweetappkiaw.com
nivukas@sweempplelaw.com
ebailcy@swectapplelaw.com
dsmith@sweetapplelaw.com
Paralegals:
Cynthia J. Bailey, CP, FCP, FRP
Deborah Smith, CP, FRP
Jamie Ardcn, FRP
Re: O'Boyle v. Robert A. Sweetapple and Mayor Scott Morgan
Case No.:9:14 -CV- 81250- KAM;USDC
Dear Bill:
Enclosed is the deductible invoice from my attorneys with regard to the indemnified Martin
O'Boyle Federal claim against me. Please remit payment in the amount of $8,842.13 directly to Cole
Scott & Kissane regarding invoice 457478.
RAS:dls
ec:Joshua Goldstein, Esquire (via email)
Very truly yours,
ROBERT A. SWEETAPPLE
VN OF GULF ST - -- R q
A PAYMENT APPROVED
unt
w Sµ2.13
eck #
Invoice No. 457478
Total This Invoice
PaYor Bill Summary
Sweetapple, Broeker & Varkas, P.L.
100.0000 % Total Fees
100.0000 % Total Disbursements
Total Due
Page: 20
February 17, 2015
58,842.13
$8,712.50
$129.63
8,842.13
Deductible amount as per Agreement is $25,000 to be paid by Sweetapple, Broeker &
Varkas, P.L.
Deductible amount paid to date by Sweetapple, Broeker & Varkas, P.L. is $0.00
Sweetapple, Broeker & Varkas, P.L. Responsibility for this invoice is $8,842.13
CC:
Elizabeth Mulligan
Robert Sweetapple
io) C�I fill
MIAMI -WEST PALM BEACH - TAMPA - KEY WEST -FT. LAUDERDALE EAST- FT LAUDERDALE WEST - NAPLES
JACKSONVILLE - ORLANDO - PENSACOLA - SONRA SPRINGS
Elizabeth Mulligan
Brown & Brown, Inc.
655 North Franklin Street, Suite 1900
Suite 1900
Tampa FL 33602
Brown & Brown, Inc.
Re: 0062 -00 — Martin E. O'Boyle v. Robert A. Sweetapple and Scott Morgan
Claim Number 4020140930001
For Professional Services Rendered through November 30, 2014
ACCOUNTING DEPARTMENT
DADELAND CENTRE it
9150 SOUTH DADELAND BOULEVARD
SURE 1400
MIAMI, FLORIDA 33156
TELEPHONE (305) 350 -530D
FACSIMILE (305) 373 -2294
E -Mail: a=unVrKi95cskIwal=m
WEBS I"Exw mklegal.wm
FEDERALTAX IDn 65- 0792149
February 17, 2015
Client ND. 1601
Invoice ND. 457478
COPY
Date Atty
Description
Hours
09/30/14 BAP
Email exchange with claims handler, Elizabeth Mulligan, discussing this
0.10
new matter, the parties involved and our defense.
10/01/14 SJV
Exchange of extensive correspondence with Elizabeth Mulligan relative to
0.80
the new assignment and strategy for upcoming defense of case (I0 emails).
10/01/14 SJV
Receipt and review of Complaint (13 pages).
0.00
10/01/14 BAP
Email exchange with Claim Handler with regard to the new case and the
0.30
manner in which it will be handled.
10101/14 BAP
Review and analysis of documents provided with regard to new claim,
0.50
specifically the Complaint, to determine the nature of the action and begin
the process of strategizing with regard to the defense efforts.
10/01/14 BAP
Preparation of correspondence t0 client with regard to retention.
0.10
10/01/14 BAP
Review and analysis of docket sheet.
030
10/01/14 BAP
Review and analysis of information obtained from the intemet with regard
040
to the Plaintiff.
10/01/14 BAP
Email exchange with Claims Handler.
0.00
10/02/14 SJV
Receipt and review of correspondence from Kelly Pressler relative to the
0.10
wiring of funds and further strategy moving forward.
Invoice No. 457478
Page: 2
February 17, 2015
10/02/14 SJV
Receipt and review of additional correspondence from Kelly Pressler
0.10
relative to the wiring of funds and further strategy moving forward.
10/02/14 SJV
Receipt and review of correspondence from Brandon Marton relative to the
0.10
wiring of funds and further strategy moving forward.
10/02/14 SJV
Receipt and review of additional correspondence from Brandon Marton
0.10
relative to the wiring of funds and further strategy moving forward.
10/02/14 JHR
Corresponded with opposing counsel regarding an extension of time to file
0.20
10/09/14 BAP
a response to Plaintiffs Complaint.
0.10
10/03/14 JHR
Corresponded with Mayor's (co- defendant) counsel regarding the removal
0.20
of the case to federal court and contact information regarding parties.
10/06/14 BAP
Preparation of correspondence to Client relative to potential removal.
0.10
10/06/14 BAP
Attendance of lengthy conference call client relative to facts of case and
0.50
future handling.
10/06/14 JHR
Reviewed and extensively analyzed Plaintiffs Complaint to determine
1.30
future litigation strategy.
10/06/14 JHR
Conducted extensive legal analysis in preparation to file response to
1.50
Plaintiffs Complaint including applicable affirmative defenses and grounds
for a motion to dismiss Plaintiffs Complaint in preparation to draft a
response to Plaintiffs Complaint.
10/07/14 JHR
Corresponded with Co- defendant's counsel regarding consent to removal of
0.20
case to federal court via telephone and later confirmed via email.
10/07/14 JHR
Continued conducting extensive legal analysis regarding the sufficiency of
3.10
Plaintiffs six counts under Florida law, as alleged in Plaintiffs Complaint,
in preparation for drafting a response to Plaintiffs Complaint.
10/08/14 BAP
Review and analysis of the removal documents to ensure the
0.30
appropriateness of same and determine its impact oil case.
10/08/14 JHR
Drafted detailed factual background and procedural history of Defendant's
0.90
Motion to Dismiss Plaintiffs Complaint,
10/08/14 JHR
Conducted extensive legal analysis in preparation to file response to
2.10
Plaintiffs Complaint including applicable affirmative defenses and grounds
for a motion to dismiss Plaintiffs Complaint in preparation to draft a
response to Plaintiffs Complaint.
10/09114 BAP
Review and analysis of Federal Court docket with regard to removal.
0.30
10/09/14 BAP
Review and analysis of Judicial Assignment.
0.10
CC:
Elizabeth Mulligan
Robert Sweetapple
CC:
Elizabeth Mulligan
Robert Sweetapple
Page: 3
Invoice No. 457478
February 17, 2015
10/09/14 BAP
Preparation of correspondence to client with regard to removal.
0.10
10/09/14 BAP
Review and analysis of Notice of Pendency of Other Action,
0.10
10/09/14 BAP
Review and analysis of Notice of Appearance.
0.10
10%09/14 BAP
Review and analysis of information provided by client regarding related
0.40
matter.
10/09/14 JHR
Drafted legal standard for governing a motion to dismiss within
0.40
Defendant's Motion to Dismiss Plaintiffs Complaint.
10/09/14 JHR
Conducted extensive legal analysis regarding Counts 1 and II of Plaintiffs
1.20
in preparation of drafting Motion to Dismiss regarding such counts.
10/10/14 JHR
Drafted Count I and Count 11 sections of Defendant's Motion to Dismiss
2.50
Plaintiffs Complaint. Specifically, argued that Defendant's alleged
statements constituted non actionable opinion, Plaintiff is a quasi - public
figure, and that Plaintiff failed to demonstrate and allege actual /special
damages.
10/13/14 BAP
Preparation of correspondence to the claims handler, Elizabeth Mulligan,
0.20
relative to this new matter and discussing our recommendations for future
handling.
10/13/14 BAP
Preparation of correspondence to the insured discussing our
0.20
recommendations for future handling and defense.
10/13/14 JHR
Conducted extensive legal analysis regarding Count III of Plaintiffs
1.00
Complaint regarding state actor requirement under 42 U.S.C. § 1983 and
the three various tests that the Eleventh Circuit employs to determine
whether an individual can be deemed a state actor in preparation to draft
corresponding segment of Defendant's Motion to Dismiss related to this
Count.
10/13/14 JHR
Drafted Count III segment of Defendant's Motion to Dismiss Plaintiffs
1.40
Complaint arguing that Defendant cannot be deemed a state actor under 42
U.S.C. § 1983 under each of the three tests that the Eleventh Circuit
utilizes.
10/13/14 JHR
Conducted extensive legal analysis regarding Count IV of Plaintiffs
0.80
Complaint to determine whether such a cause of action is recognized under
Florida law and how federal courts have ruled on such.
10/14/14 JHR
Drafted Count IV segment of Defendant's Motion to Dismiss Plaintiffs
050
Complaint for failure to state a recognizable claim under Florida law.
10/15/14 JHR
Conducted extensive legal analysis regarding Counts V and VI of
0.30
Plaintiffs Complaint in preparation for drafting of such sections or
CC:
Elizabeth Mulligan
Robert Sweetapple
CC:
Elizabeth Mulligan
Robert Sweetapple
Page: 4
Invoice No. 457478
February 17, 2015
Defendant's Motion to Dismiss Plaintiffs Complaint.
10115114 JHR
Drafted Count V and VI segments of Defendant's Motion to Dismiss
0.90
Plaintiffs Complaint,
10/15/14 JHR
Edited Defendant's Motion to Dismiss Plaintiffs Complaint in its entirely.
0.80
10/17/14 BAP
Assistance with regard to preparation of detailed comprehensive Motion to
1.00
Dismiss (not all time billed).
10/19/14 JAG
Drafting lengthy and detailed motion to dismiss O'Boyle's claims against
1.50
Sweetapple, specifically revising and drafting additional facts to section
setting forth factual and procedural background in this matter, including
additional facts evidicing O'Boyle's stature as a quasi public figure as well
as vexatious litigant.
10/19/14 JAG
Drafting lengthy and detailed motion to dismiss O'Boyle's claims against
0.50
Sweetapple, specifically revising and drafting memorandum of law section
setting forth position that Plaintiff has failed to assert a claim for slander
per se.
10/20/14 JAG
Drafting legnthy and detailed motion to dismiss O'Boyle's claims against
0.90
Sweetapple, specifically revising and drafting memorandum of law section
setting forth position that Plaintiff has failed to assert a claim for slander
per se.
10/20114 JAG
Drafting lengthy and detailed motion to dismiss O'Boyle's claims against
1.50
Sweetapple, specifically revising and drafting memorandum of law section
setting forth position that Plaintiff fails to set forth the requisite material
facts which would support and maintain a claim for slander per se.
10/21/14 JAG
Exchange correspondence with Plaintiffs counsel regarding and discussing
0.10
issues associated with responding to complaint.
10121114 JAG
Draft lengthy and detailed motion for extension of time to respond to
0.40
complaint in this matter. Exchange correspondence with Plaintiffs counsel
regarding and discussing issues associated with responding to complaint.
10/22/14 JAG
Review order granting our motion for extension of time to answer
0.10
complaint.
10/22/14 JAG
Drafting lengthy and detailed motion to dismiss O'Boyle's claims against
1.50
Sweetapple, specifically revising and drafting memorandum of law section
setting forth position that Plaintiff cannot maintain a slander per se claim
based on the failure to show Sweetapple acted with malice as required by
Plaintiffs position as a limited public figure.
10/22/14 JAG
Receipt, review and analysis of Co- Defendant, Mayor Scott's motion to
0.50
dismiss Plaintiffs complaint in order to assess arguments and facts raised in
same.
CC:
Elizabeth Mulligan
Robert Sweetapple
Invoice No. 457478
1023/14 JAG
Page: 5
February 17, 2015
Review and analyze Co- Defendant Morgan's lengthy motion for rule 11 0.30
sanctions and incorporated memorandum of law.
1024/14 JAG Drafting lengthy and detailed motion to dismiss O'Boyle's claims against
Sweetapple, specifically revising and drafting memorandum of law section
setting forth position that Plaintiff fails to set forth a viable cause of action
for slander.
1024114 JAG Drafting lengthy and detailed motion to dismiss O'Boyle's claims against
Sweetapple, specifically revising and drafting memorandum of law section
setting forth position that Plaintiff fails to set forth a viable cause of action
for First Amendment Retaliation under 42 USC 1983.
1024/14 JAG Drafting lengthy and detailed motion to dismiss O'Boyle's claims against
Sweetapple, specifically revising and drafting memorandum of law section
setting forth position that Plaintiff fails to set forth a viable cause of action
for First Amendment Retaliation under 42 USC 1983, specifically
Sweetapple is not acting under the color of state law and is not a state actor.
1.30
1.40
2.70
1024/14 JAG Drafting lengthy and detailed motion to dismiss O'Boyle's claims against 1.40
Sweetapple, specifically revising and drafting memorandum of law section
setting forth position that Plaintiff fails to set forth a viable cause of action
for First Amendment Retaliation under 42 USC 1983, specifically, Plaintiff
was not engaged in protected activity and the purported conduct does not
rise to any level or retaliation.
1027/14 BAP Assistance with regard to the preparation of the lengthy and detailed
Motion to Dismiss by adding additional argument and revision of Motion to
Dismiss (vast majority of time not billed due the involvement of a second
attorney on this project).
10/27/14 JAG Drafting lengthy and detailed motion to dismiss O'Boyle's claims against
Sweetapple, specifically revising and drafting memorandum of law section
setting forth position that Plaintiff fails to set forth a claim for civil
conspiracy as such a claim cannot stand on its own.
1027/14 JAG Draft correspondence to R. Sweetapple regarding and discussing issues
associated with this matter in particular proposed motion to dismiss this
matter.
100-7/14 JAG Drafting lengthy and detailed motion to dismiss O'Boyle's claims against
Sweetapple, specifically revising and drafting memorandum of law section
setting forth position that Plaintiff fails to set forth a claim for civil
conspiracy on the basis of slander or First Amendment retaliation.
1027/14 JAG Drafting lengthy and detailed motion to dismiss O'Boyle's claims against
Sweetapple, specifically revising and drafting memorandum of law section
setting forth position that Plaintiff fails to set forth a claim for civil
conspiracy on the basis of slander in that there are insufficient facts to even
support the conspiracy.
CC:
Elizabeth Mulligan
Robert Sweetapple
tt
1.40
0.20
1.30
1.30
Page: 6
Invoice No. 457478 February 17. 2015
10/27/14 JAG Drafting lengthy and detailed motion to dismiss O'Boyle's claims against 1.40
Sweetapple, specifically revising and drafting memorandum of law section
setting forth position that Plaintiff fails to set forth a claim for civil
conspiracy on the basis First Amendment retaliation in that there are
insufficient facts to even support the conspiracy.
10/27/14 JAG Drafting lengthy and detailed motion to dismiss O'Boyle's claims against 1.40
Sweetapple, specifically drafting memorandum of law section setting forth
position that Plaintiffs claims all fail as the action taken by Sweetapple are
all subject and protected by the litigation immunity privilege.
10/28/14 JAG
In further preparation of drafting motion to dismiss in this matter,
commence review and analyze motion for scheduling order in related
matter between Gulfstream and O'Boyle in particular lengthy affidavit of J.
Chandler. (166 pages).
10/29/14 JAG
In further preparation of drafting motion to dismiss in this matter, finalize
review and analyze motion for scheduling order in related matter between
Gulfstream and O'Boyle in particular lengthy affidavit of J. Chandler. (166
pages).
10/29/14 JAG
Exchange correspondence with R. Sweetapple regarding and discussing
issues associated with affidavit of J. Chandler as well as motion to dismiss
complaint.
11/03/14 BAP
Lengthy telephone call with the boss of Sweetapple to discuss and confer
regarding status.
11/03/14 JAG
Exchange correspondence with R. Sweetapple regarding and discussing
issues associated with this matter in particular removal to federal court and
procedures going forward.
11/04/14 JAG
Exchange correspondence with counsel for Plaintiff, D. DeSouza regarding
and discussing issues associated with filing reply to Defendant's motion to
dismiss.
11/04/14 JAG
Exchange correspondence with counsel for Plaintiff, D. DeSouza regarding
and discussing issues associated with court ordered joint pre -trial
scheduling conference and issues associated with same, including but not
limited to required proposed scheduling order necessary for same.
11/04/14 JAG
11 /05/14 JAG
11/05/14 JAG
CC:
Elizabeth Mulligan
Robert Sweetapple
Receipt, review and analysis of Plaintiffs motion for extension of time to
respond to Co- Defendant, Morgan's motion to dismiss.
Review Order granting plaintiffs motion for extension to file response to
Defendant Morgan's motion to dismiss.
Exchange correspondence with counsel for Plaintiff, D. DeSouza regarding
and discussing issues associated with joint pre -trial conference per -court
order.
0.60
0.40
0.60
0.20
0.40
0.40
0.60
0.20
0.10
0.40
Invoice No. 457478
Page: 7
February 17, 2015
11/05/14 JAG
Receipt, review and analaysis of correspondence from counsel for Plaintiff,
0.10
D. DeSouza regarding and discussing issues associated with joint pre -trial
conference per -court order and proposed pre -trial plan.
11/05/14 JAG
Receipt, review and analysis of proposed pre -trial plan in preparation of
030
court mandated conference.
11105114 JAG
Attendance at lengthy court mandated teleconference regarding and
0.60
discussing required pre-trial plan.
11/06/14 JAG
Teleconference with R. Sweetapple regarding and discussing issues
0.30
associated with joint scheduling report pursuant to court order, proposed
discovery plan and settlement discussions between underlying parties and
effect on this matter and any potential counterclaim.
11/07/14 JAG
Receipt, review and analysis of correspondence from R. Sweetapple
0.10
regarding and discussing issues associated with this matter, in particular
proposed discovery as well as answer and affirmative defenses.
11!07/14 JAG
Receipt, review and analysis of R. Sweetapple's proposed initial request for
0.20
production of documents.
11/07114 JAG
Receipt, review and analysis of R. Sweetapple's proposed answer and
0.30
affirmative defenses if motion to dismiss is denied.
11/07/14 JAG
Receipt, review and analysis of R. Sweetapple's proposed subpoena duces
0.10
tecum to be served upon Brenda Russel as it relates to Citizen's Awareness
Foundation and entity run by O'Boyle.
11/13/14 JAG
Teleconference with R. Sweetapple reagrding and discussing discovery
0.40
plan and actions of O'Boyle in furtherance our defensive strategy.
11/13/14 JAG
Review and analysis of Florida new paper article addressing actions of
0.30
O'Boyle, pursuant to interview of former partner at Citizens awareness fund
putting further proof to the alleged statements made by Sweetapple.
11/13/14 JAG
Receipt, review and analysis of correspondence from R. Sweetapple
0.10
regarding and discussing proposed revised request for production.
11113/14 JAG
Inimial receipt, review and analysis of R. Sweetapple's proposed revised
0.10
request for production.
11/14/14 JAG
Review and analysis ofSweetapples ' revised proposed request for
0.30
production in order to assess validity
of requests and determine other case
specific requests to propound.
11/14/14 JAG
Commence drafting additional voluminous case specific requests for
0.40
production to be propounded on Plaintiff related to claims set forth in
Complaint, elements of said claims, Plaintiffs purported damages as well
potential counterclaim by Sweetapple.
CC:
Elizabeth Mulligan
Robert Sweetapple
CC:
Elizabeth Mulligan
Robert Sweetapple
Page: 8
Invoice No. 457478
February 17, 2015
11/17/14 JAG
In preparation of drafting initial disclosures in this matter review and
0.80
analyze additional information with respect to R. Sweetapple as well as
Plaintiff, O'Boyle in order to ensure all pertinent information will be
included.
11/17/14 JAG
Continue drafting additional voluminous case specific requests for
0.90
production to be propounded on Plaintiff related to claims set forth in
Complaint, elements of said claims, Plaintiffs purported damages as well
potential counterclaim by Sweetapple.
11/17/14 JAG
Commence drafting additional lengthy and detailed initial disclosures
0.50
purusant to Fed. R. Civ. P. 26.1.
11118/14 JAG
Teleconference with R. Sweetappple regarding and discussing issues
0.30
associated with this matter, in paritcular the filing and serving on Rule I 1
Letter and Motion.
11/18/14 JAG
Review and analysis of case law and statutory authority with respect to safe
0.30
harbor time period in which party can dismiss claims before Rule 1 I
motion can be filed.
11/18/14 JAG
In further preparation of drafting additional case specific requets for
0.40
production to be propounded on Plaintiff, review and analyze both the
allegations in the complaint as assertions set forth in motions to dismiss
same.
11/18114 JAG
Continue drafting additional voluminous case specific requests for
0.40
production to be propounded on Plaintiff related to claims set forth in
Complaint, elements of said claims, Plaintiffs purported damages as well
potential counterclaim by Sweetapple.
11/19/14 JAG
Finalize drafting additional voluminous case specific requests for
2.30
production to be propounded on Plaintiffrelated to claims set forth in
Complaint, elements of said claims, Plaintiffs purported damages as well
potential counterclaim by Sweetapple.
11/24/14 JAG
Review Plaintiffs second extension of time to file his response to our
0.20
motion to dismiss.
11/24/14 JAG
Commence drafting lengthy and detailed correspondence to counsel for
2.50
Plaintiff regarding and discussing requirement to comply with Fed. R. Civ.
P. 11, wherein Plaintiff has been requested to dismiss its claims as they lack
merrit of Defendant will seek sanctions by way of attorney's fees and costs.
11/24/14 JAG
Exchange correspondence with counsel for Plaintiff regarding and
0.40
discussing issues associated with response in opposition to motion to
dismiss.
11/25/14 JAG
Review Order granting plaintiffs second extension of time to file a
0.10
response to our motion to dismiss.
CC:
Elizabeth Mulligan
Robert Sweetapple
Page: 9
Invoice No. 457478 February 17, 2015
1125/14 JAG Commence drafting lengthy and detailed motion pursuant to Fed. R. Civ. P. 2.90
11, wherein Plaintiff has been requested to dismiss its claims as they lack
merit of Defendant will seek sanctions by way of attorney's fees and costs.
1125114 JAG Exchange correspondence with R. Sweetapple regarding and discussing 0.40
issues associated with proposed discovery requests and Rule 1 I
letter /motion.
Total Hours 68.20
Summary of Services
Attv Hours Rate Value
BAP Postman, Barry A. 6.30 150.00 945.00
JAG Goldstein, Joshua A. 40.90 125.00 5,112,50
JHR Railey, Jonathan H. 19.80 125.00 2,475.00
SJV Vine, Jonathan 1.20 150.00 180.00
Total Fees 68.20 $8,712.50
Disbursements
Cast Description Amount
Doctor/Hospital/Medical VENDOR: Palm Beach County Clerk of the 25.00
Records Expense Courts INVOICE #: 10062014 DATE: 10162014
lRequested By Earle, Kelly A.
Messenger Service VENDOR: BDS Courier INVOICE #: 509968 40.00
DATE: 10/172014
lRequested By Earle, Kelly A.
Copies (Qty: 253.0000 Qa 0.25) 63.25
Postage 1.38
Total Disbursements $129.63
Matter Summary
0062 -00— Martin E. O'Boyle v. Robert A. Sweetapple and Scott Morgan
Total Fees
Total Disbursements
CC:
Elizabeth Mulligan
Robert Sweetapple
$8,712.50
$129.63
Page: 10
Invoice No. 457478 February 17, 2015
Pavor Bill Summate
Brown & Brown, Inc.
Total This Invoice $8,842.13
Total Fees $0.00
Total Disbursements $0.00
Total Due 0.00
Deductible amount as per Agreement is $25,000 to be paid by Sweetapple, Bracket- &
Varkas, P.L.
Deductible amount paid to date by Sweetapple, Broeker & Varkas, P.L. is $0.00
Sweetapple, Broeker & Varkas, P.L. Responsibility for this invoice is $8,842.13
CC:
Elizabeth Mulligan
Robert Sweetapple
a U 12720
TOWN OF GULF STREAM OPERATING ACCOUNT
3/6/21115
To. Cole Scott & Kissane PA
Atut. Accounting Dept,
9150 South Dadeland Blvd.,
Ste. 1400
2/27/2015 Sweetapple Deductible
12720
TOWN OF GULF STREAM SUNTRUST BANK
qq FRAUD
01—ARMOR-
OPERATING ACCOUNT 63- 2151631
100 SEA ROAD
CHECK DATE
CHECK NO
GULF STREAM, FL 33483 -7427
(561) 276 -5116
3/6/2015
12720
CHECK AMOUNT
"Eight thousand eight hundred forty two and 13/100 Dollars"
PAY
$"
8,842.13
TO THE
ORDER
OF
Cole Scott & Kissane PA
Attn: Accounting Dept.
p
9150 South Dadeland Blvd., ° {ro
Ste. 1400 �>,a`.
33156 —_
AUTHOR= SIGNATURE
11001272011'
LMM3 1641
YW�ValR WNRId.I/Ya.4l MILT Wf[I�W[Wlll MNII-4[aWWu,[�dWco R��V[O4 BWY VIaaa-!I WiORWII YV
November 10, 2015
E -Mail: RTWniaaeulf-stream.ore
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483-7477
222 LAKEVIEW AVENUE, SUITE 120
WEST PALM BEACH, FLORIDA 33401
TELEPHONE (581) 383-9209
FACSIMILE (561) 683-6977
WESSITEw .wklegal.com
DIRECT LINE (561) 383-9256
EMAIL Joshua.Goldstein@aklegal.com
RE: Plaintiff Martin O'Boyle
Defendants Robert A. Sweetapple and Mayor Scott Morgan/Town
of Gulf Stream
Case No. 0:14-CV-81250-KAM
Our File No. 1601-0062-00
Sir or Madam:
Please be advised that the undersigned law firm of Cole Scott Kissane, P.A., has been
retained to represent Robert Sweetapple, Esq. of Sweetapple, Broeker & Varkas, P.L. on behalf
of Lawyer's Protector Plan® regarding the above. Our client's deductible is $25,000.00 and our
hourly rates are as follows:
TYPE
RATE
Partners
$150.00
Associates
$125.00
Paralegals
$50.00
To date, the costs incurred in this matter are $590.17, we note this does not include attorney's
fees.
Thank you and if you have any questions, please do not hesitate to contact us.
Very
JAG/Id
L. Postman
A. Goldstein
cc: Cynthia Bailey (e-mail)
IAI601-0062-001camspondence\guvemment agencyltown orgulrstream-001 re confirming our representation.doex
MIAMI -WEST PALM BEACH -TAMPA- KEY WEST- FT. LAUUEROALE EAST - Ft. LAUDERDALE WEST- NAPLES
JACKSONVILLE- ORLANDO-PENSACOLA-BONITA SPRINGS
Robert Sweetapple
Sweetapple, Bracket & Varkas, P.L.
20 S.E. 3rd Street
Boca Raton FL 33432
Sweetapple, Broeker & Varkas, P.L.
Re: 0062-00— Martin E. O'Boyle v. Robert A. Sweetapple and Scott Morgan
Claim Number 4020140930001
For Professional Services Rendered through May 31, 2015
ACCOUNTING DEPARTMENT
DADELAND CENTRE II
9150 SOUTH DADELAND BOULEVARD
SURE 1400
MIAMI, FLORIDA 33156
TELEPHONE (305) 350.5300
FACSIMILE (305) 373.2294
E -Mail: acmunlJnaAc klwal wm
WEBSITEw .cskle9alwm
FEDERALTAX IDR 55-0792149
June 9, 2015
Client No. 1601
Invoice No. 478934
Date Attv
Description
(lours
03/02/15 JAG
Review Mayor Scott Morgan's Unopposed motion for Extension of Time to
0.10
file reply to plaintiffs response to his motion to dismiss.
03/02/15 JAG
Review and analyze plaintiffs lengthy memorandum of law in opposition
0.50
to defendant' Morgan's motion to stay discovery.
03/02/15 JAG
Exchange correspodnence with counsel for Plaintiff reagrding and
0.40
discussing issues associated with reply in support of motion to dismiss to
be filed in this matter.
03/02/15 JAG
Draft detailed and lengthy agreed upon motion for extension of time to file
0.40
reply in support of motion to dismiss the amended complaint in this matter.
03/03/15 JAG
Review court order granting Defendant Morgan's extension of time to file a
0.10
response to motion to dismiss.
03/03/15 JAG
Review court order granting our extension of time to file a response to
0.10
motion to dismiss.
03/05/15 JAG
In prepation of drafting extremely lengthy reply in support of motion to
1.20
dismiss Plaintiffs amended complaint review and analyze additional case
law and statutory authority regarding whether or not Defendant was a state
actor.
03/05/15 JAG
In prepation of drafting extremely lengthy reply in support of motion to
1.00
dismiss Plaintiffs amended complaint review and analyze additional case
law and statutory authority regarding Plaintiffs inability to maintain a
claim for civil conspiracy.
03/05/15 JAG
Commence drafting extremely lengthy reply in support of motion to
2.90
CC:
Elizabeth Mulligan
Robert Sweetapple
Page: 12
Invoice No. 478934
June 9, 2015
dismiss Plaintiffs amended complaint specifically section reiterating
position that Plaintiff has failed to set forth fact sufficient to assert a viable
claim for slander per se.
03/05/15 JAG
Drafting extremely lengthy reply in support of motion to dismiss Plaintiffs
2.80
amended complaint specifically section reiterating position that Plaintiff
has not addressed or refuted Defendant's position that its statements were of
pure opinion precluding a slander per se claim and thus cannot defeat the
motion to dismiss.
03/05/15 JAG
Drafting extremely lengthy reply in support of motion to dismiss Plaintiffs
3.10
amended complaint specifically section reiterating position that Plaintiff as
a public figure or limited public figure remains unable to estbalish that
Defendant acted with the requisite malice to sustain a claim for slander let
alone slander per se.
03/06/15 JAG
Review and analyze Defendant, Mayor Scott Morgan's Reply in Support of
0.60
His Motion to Dismiss (12 pages).
03/06/15 ES
Draft responses and objections to plaintiffs voluminous first request for
2.20
admission (42 requests) to Defendant, Sweetapple.
03/06/15 ES
Draft responses and objections to Plaintiffs first set of interrogatories to
1.60
Defendant, Sweetapple.
03/06/15 ES
Draft responses and objections to Plaintiffs first set of requests for
2.60
production (45 requests) to Defendant, Sweetapple.
03/06/15 JAG
Exchange correspondence with counsel for Plaintiff regarding and
0.30
discussing issues associated with responses to discovery.
03/06/15 JAG
Drafting extremely lengthy reply in support of motion to dismiss Plaintiffs
3.00
amended complaint specifically section reiterating position that Plaintiff
cannot maintain a claim for first amendment retaliation under 1983 action
as Defendant was not and cannot be a state actor or a private actor under
the color of authority of the state law.
03/06/15 JAG
Drafting extremely lengthy reply in support of motion to dismiss Plaintiffs
3.00
amended complaint specifically section reiterating position that Plaintiff
cannot maintain an independent claim for civil conspiracy as the limited
requisite elements to maintain such a claim are not part of this matter.
03/06/15 JAG
Drafting extremely lengthy reply in support of motion to dismiss Plaintiffs
2.90
amended complaint specifically section reiterating position that Plaintiff
cannot maintain its claim for conspiracy for slander per se or retaliation as
the are no valid underlying torts or wrongs for which the conspiracy claim
stands.
03/09/15 JAG
Supplemenatl drafting lengthy and detailed responses and objections to
1.80
Plaintiffs voluminous requests for production in this matter.
CC:
Elizabeth Mulligan
Robert Sweetapple
CC:
Elizabeth Mulligan
Robert Sweetapple
Page: 13
Invoice No. 478934
June 9, 2015
03/09/15 JAG
Supplemenatl drafting lengthy and detailed responses and objections to
1.40
Plaintiffs voluminous requests for admissions in this matter.
03/09/15 JAG
Supplemental drafting lengthy and detailed responses and objections to
1.40
Plaintiffs voluminous interrogatoires in this matter.
03/09/15 JAG
Exchange correspondence with counsel for Plaintiff regarding and
0.30
discussing issues associated with Plaintiffs responses to Defendant's first
set of interrogatories in effort to respolve same.
03/09/15 JAG
Receipt, review and analysis of correspondence from R. Sweetapple
0.10
regarding and discussing issues associated with additional law suit filed
against same.
03/09/15 JAG
Receipt, review and analysis of further correspondence from R. Sweetapple
0.10
regarding and discussing issues associated with additional law suit filed
against same.
03/09/15 JAG
Draft correspondence to It Sweetapple regarding and discussing issues
0.20
associated with discovery in this matter, in particular written responses to
same.
03/09/15 JAG
Exchange correspondence with counsel for Plaintiff regarding and
0.40
discussing issues associated with discovery in this matter, in particular
written responses to same.
03/10/15 ES
Conduct extensive and specific analysis of Florida judicial authorities
0.80
arising under factual circumstances similar to the above -referenced matter
re: whether an attomey-client privilege exists when representing a
municipality, in preparation for preparing response and objections to
Plaintiffs discovery requests.
03/10/15 ES
In preparation for responding and objecting to plaintiff's discovery requests
0.70
and to ensure a proper objection to same, prepare a detailed response to
inquiries pertaining to whether there exists an attomey-client relationship
when representing a municipality, noting that section 286.011(8) was
enacted to enable a governmental entity to meet privately with its attorney
provided certain conditions are met, and that the communications at issue
likely did not violate the exemption of the Sunshine Law because it did not
go beyond the permissible scope of a strategy session.
03/10/15 JAG
Teleconference with R Sweetapple regarding and discussing issues
0.20
associated with proposed discovery responses in this matter.
03/10/15 JAG
Exchange correspondence with R. Sweetapple regarding and discussing
0.30
issues associated with proposed discovery responses in this matter.
03/10/15 JAG
Follow up teleconference with R. Sweetapple regarding and discussing
0.20
issues associated with pmposed discovery responses in this matter.
03/10/15 JAG
Teleconference with C. Bailey, paralegal for R. Sweetapple regarding and
0.10
CC:
Elizabeth Mulligan
Robert Sweetapple
Invoice No. 478934
Page: 14
June 9, 2015
discussing issues associated with proposed discovery responses in this
matter.
03/10/15 JAG
Attendance at meeting with R. Sweetapple regarding and discussing issues
1.30
associated with discovery in this matter in effort to finalize same.
03/10/15 JAG
Further supplement responses and objections to Plaintiffs voluminous first
0.90
request for production pursuant to meeting with client.
03/10/15 JAG
Further supplement responses and objections to Plaintiffs voluminous first
0.60
request for admissions pursuant to meeting with client.
03/11/15 JAG
Further supplement and finalize responses and objections to Plaintiffs
1.00
voluminous first request for admissions pursuant to meeting with client.
03/11/15 JAG
Further supplement and finalize responses and objections to Plaintiffs
2.80
voluminous first set of interrogatories pursuant to meeting with client.
03/11/15 JAG
Teleconference with cousnel for Gulf Stream in Federal Rico matter.
0.10
03/11/15 JAG
Exchange correspondence with cousnel for Gulf Stream in Federal Rico
0.30
matter.
03/11/15 JAG
Receipt, review and initial analyziz of Exhibits to Complaint in the Town
0.90
of Gulf Stream's Federal Rico matter in support of our defensive position.
03/11/15 JAG
Draft correspondence to R Sweetapple regarding and discussing issues
0.20
associated with discovery in this matter.
03/12/15 JAG
Review and analyze defendant Mayor Scott Morgan's Reply in Support of
0.30
his Motion to Stay Discovery.
03/13/15 JAG
Teleconference with C. Bailey, paralegal for R. Sweetapple, regarding and
0.10
discussing issues associated with finalizing discovery responses.
03/13/15 JAG
Teleconference with R. Sweetapple, regarding and discussing issues
0.20
associated with finalizing discovery responses.
03/13/15 JAG
Exchange correspondence with C. Bailey, pamlgeal for R. Sweetapple,
0.30
regarding and discussing issues associated with finalizing discovery
responses.
03/13/15 JAG
Finalize drafting and supplementing responses and objections to Plaintiffs
1.50
voluminous first request for admissions pursuant to discussion with R.
Sweetaple.
03/13/15 JAG
Finalize review, analyzing and preparing responsive documents to be
0.50
produced to counsel for Plaintiffs counsel in this matter.
03/17/15 JAG
Exchange correspondence with counsel for Plaintiff regarding and
0.30
discussing issues associated with resposnes to Defendant first set of
CC:
Elizabeth Mulligan
Robert Sweetapple
Invoice No. 478934
Page: 15
June 9, 2015
CC:
Elizabeth Mulligan
Robert Sweetapple
interrogatories.
0324/15 JS2
Conduct, analyze and highlight results of an online investigation conducted
0.50
of Florida license plate WER3X through Accurint.
0326/15 JAG
Teleconference with counsel for Town of Gulf Stream, J. O'Connor
0.20
regarding and discussing issues associated with Rule 26 disclosures and
recently filed sunshie law lawsuit.
0326/15 JAG
Draft followup correspondence to counsel for Town of Gulf Stream, J.
0.20
O'Connor regarding and discussing issues associated with Rule 26
disclosures and recently filed sunshie law lawsuit.
0328/15 JAG
Exchange correspondence from counsel for Plaintiff regarding with
0.20
discussing issues associated with responding to Defendant's interrogatories.
03/30/15 JAG
Review and analyze Plaintiffs Responses and Objections to our First Set of
0.70
Interrogatories.
03/31/15 JAG
Commence lengthy and detailed initial case analysis in this matter,
1.50
specifically section setting forth lengthy factual and procedural history in
this matter including but not limited Plaintiffs long hisony with the Town
of Gulf Stream.
03/31/15 JAG
Draft correspondence to R. Sweetapple regarding, discussing and analyzing
0.20
Plaintiffs responses to Interrogatories and handling of this matter going
forward based upon same.
04/01/15 JAG
Analysis of Trial Order & Discovery Deadlines & Referring Case to
0.60
Mediations to determine deadline dates of discovery, amending pleadings,
motions and joint pretrial stipulation and requirements of the court
regarding exhibits and jury instructions and prepare trial sheet containing
same.
04/01/15 JAG
Teleconference with R. Sweetapple regarding and discussing issues
0.20
associated with Plaintiffs discovery responses as well as strategy in
proceeding forward with same.
04/01/15 JAG
Exchange correspondence with R. Sweetapple regarding and discussing
0.40
issues associated with Plaintiffs discovery responses as well as strategy in
proceeding forward with same.
04/15/15 JAG
Teleconference with R. Sweetapple regarding and discussing another suit
0.10
filed against him by O'Boyle under Florida's Sunshine laws.
0422/15 JAG
Exchange correspondence with counsel for Plaintiff regarding and
0.60
discussing issues associated with this matter, in particular outstanding
discovery issues.
0422/15 JAG
Exchange correspondence with R. Sweetapple regarding and discussing
0.20
issues associated with third suit filed by O'Boyle.
CC:
Elizabeth Mulligan
Robert Sweetapple
CC:
Elizabeth Mulligan
Robert Sweetapple
Page: 16
Invoice No. 478934
June 9, 2015
0422/15 JAG
Receipt, review and analysis of motions to dismiss filed in third suit filed
0.30
by O'Boyle against Sweetapple, this one for sunshine law violations.
0424/15 JAG
Exchange further communication with counsel for Plaintiff regarding and
0.60
discussing issues associated with outstanding discovery and conferal with
respect to same.
05111115 JAG
Teleconference with counsel for Town of Longport, NJ regarding and
0.50
discussing subpoena served on former mayor as it relates to this matter and
issues with respect to same.
05/11/15 JAG
Exchange correspodnence with counsel for Town of Longport, NJ
0.40
regarding and discussing subpoena served on former mayor as it relates to
this matter and issues with respect to same.
05/11/15 JAG
Exchange correspodnence with counsel for Plaintiff, regarding and
0.30
discussing subpoena served on former mayor of Longport, NJ as it relates
to this matter and issues with respect to same in particular failure to provide
counsel notice of same.
05/11/15 JAG
Teleconference with counsel for Mayor Morgan regarding and discussing
0.10
subpoena served on former mayor for Longport, NJ as it relates to this
matter and issues with respect to same.
05/11/15 JAG
Receipt, review and analysis of subpoena served on former mayor of
0.10
LongpoM NJ as it relates to this matter in order to assess issues with
respect to same.
05/11/15 JAG
Draft correspondence to B. Sweetapple regarding and discussing subpoena
0.20
served on former mayor of Longport, NJ as it relates to this matter and
issues with respect to same in particular failure to provide counsel notice of
same.
05/12/15 JAG
Exchange correspondence with R. Sweetapple regarding and discussing
0.40
issues associated with subpoena served on former mayor for town of
Longport, NJ and handling of same.
05/12/15 JAG
Exchange correspondence with D. DeSouza regarding and discussing issues
0.30
associated with subpoena served on former mayor for town of Longport, NJ
and handling of same.
05/12/15 JAG
Teleconference with R. Sweetapple regarding and discussing numerous
0.20
issues in this matter with respect to discovery and handling matter going
forward.
05/13/15 JAG
Continue drafting lengthy and detailed initial legal analysis of management
0.80
report, specifically further setting forth issues as it relates to factual
background in this matter.
05/13/15 JAG
Exchange correspondence with counsel for Plaintiff regarding and
0.30
CC:
Elizabeth Mulligan
Robert Sweetapple
Page: 17
Invoice No. 478934
June 9.2015
discussing issues associated with numerous discovery issues to be resolved.
05/13/15 JAG
Teleconference with counsel for Town of Longport, NJ regarding and
0.20
discussing issues associated with subpoena served on former mayor as it
relates to this matter.
05/13/15 JAG
Continue drafting lengthy and detailed initial legal analysis of management
1.30
report, specifically forth critical issues to be addressed in this matter as it
relates to liability damages, experts as to liability and damages and keys to
this matter.
05/14/15 JAG
Teleconference with R. Sweetapple regarding and discussing issues
0.20
associated with this matter, in particular deposition of witnesses and
proposed handling of same.
05/14/15 JAG
Exchange correspondence with counsel for Town of Longport, NJ
0.30
regarding and discussing issues associated with deposition of former mayor
in effort to resolve same.
05/14/15 JAG
Teleconference with counsel for Town of Longport, NJ regarding and
0.20
discussing issues associated with deposition of former mayor in effort to
resolve same.
05/14/15 JAG
Exchange correspondence with R. Sweetapple regarding and discussing
0.20
issues associated with recently filed bar complaint by C. O'Hare as it relates
to this matter.
05/14/15 JAG
Initial review and analysis of extremely lengthy and detailed bar complaint
0.40
filed by O'Hre against Sweetapple in order to assess claims and determine
appropriate response to same.
05/14/15 JAG
Continue drafting lengthy and detailed initial legal analysis of management
1.50
report, specifically forth critical issues to be addressed in this matter as it
relates to liability damages, experts as to liability and damages and keys to
this matter.
05/15/15 JAG
Exchange correspondence with counsel for O'Boyle regarding and
0.80
discussing numerous issues associated with discovery in order to resolve
same.
05/15/15 JAG
Continue drafting lengthy and detailed initial legal analysis of management
0.90
report, specifically forth critical issues to be addressed in this matter as it
relates to liability damages, experts as to liability and damages and keys to
this matter.
05/15/15 JAG
Teleconference with counsel for Town of Longport, NJ regarding and
0.30
discussing issues associated with depositions of several town residents to
be taken by O'Boyle.
05/15/15 JAG
Continue drafting lengthy and detailed initial legal analysis of management
0.60
report, specifically forth key evolutions in this matter as to the strengths and
CC:
Elizabeth Mulligan
Robert Sweetapple
Invoice No. 478934
Page: IS
June 9, 2015
CC:
Elizabeth Mulligan
Robert Sweetapple
weaknesses with respect to the calms and defenses.
05/17/15 JAG
Exchange correspondence with counsel for Plaintiff regarding and
0.50
discussing issues associated with proposed deposition to occur on NJ
Longport residents.
05/18/15 SJV
Receipt and review of correspondence from Elizabeth Mulligan relative to
0.10
issues in the case and strategy moving forward with response and extension
to respond.
05/18/15 JAG
Exchange correspondence with E. Mulligan regarding and discussing issues
0.00
associated with bar complaint filed by C. O'Hare as related to this matter.
05/18/15 JAG
Exchange correspondence with R. Sweetapple regarding and discussing
0.30
issues associated with but complaint filed by C. O'Hare as related to this
matter.
05/18/15 JAG
Receipt, review and analysis of lengthy and detailed bar complaint and
2.60
correspondeing exhibits filed by C. O'Hare as relates to this matter.
05/19/15 JAG
Continue drafting lengthy and detailed initial legal analysis of management
0.90
report, specifically forth key evalutions in this matter as to the strengths and
weaknesses with respect to the calms and defenses.
05/19/15 JAG
Exchange correspondence with counsel for Plaintiff, regarding and
0.30
discussing issues associated with the Deposition of former mayor for town
of longport, NJ and objections to same.
05/19/15 JAG
Receipt, review and analysis of notice of chage of address for counsel for
0.10
Plaintiff.
05/19/15 JAG
Continue drafting lengthy and detailed initial legal analysis of management
1.30
report, specifically forth key evalutions as it relates to the possibility of
joint and several liability in this matter.
05/19/15 JAG
Continue drafting lengthy and detailed initial legal analysis of management
1.40
report, specifically forth key evalutions as it relates to the possibility
contibutory and or comparative negligence considerations.
05/19/15 JAG
Continue drafting lengthy and detailed initial legal analysis of management
0.50
report, specifically case management and settlement considerations.
0522/15 JAG
Review and analyze Subpoena to Testify at a Deposition Duces Tecum
010
directed to Nicholas Russo in New Jersey.
0522/15 JAG
Review and analyze Subpoena to Testify at a Deposition Duces Tecum
020
directed to Peter Isen in New Jersey.
0522/15 JAG
Exchange correspondence with counsel for town in NJ regarding
0.20
subpoena's duces tecum issued to several residents who were previously
sued by O'Boyle for slander claims.
CC:
Elizabeth Mulligan
Robert Sweetapple
Page: 19
Invoice No. 478934 June 9, 2015
0529/15 JAG Teleconference with M. Hann, counsel for Chris O'Hare regarding and 0.20
discussing issues associated with deposition of same.
0529/15 JAG Teleconference with L. Roeder counsel for Chris O'Hare regarding and 0.10
discussing issues associated with deposition of same.
Total Hours 74.00
Summary of Services
Atty
Hours
Rate
Value
ES
Sprechman, Eric
7.90
50.00
395.00
JAG
Goldstein, Joshua A.
65.50
125.00
8,187.50
JS2
Spiegel, Jennifer
0.50
50.00
25.00
S1V
Vine, Jonathan
0.10
150.00
15.00
Total Fees 74.00
$8,622.50
Disbursements
Cost Description
Amount
Copies
(Qty: 562.0000 Qn.0.25)
140.50
Total Disbursements
$140.50
Matter Summary
0062-00 — Martin
E. O'Boyle v. Robert A. Sweetapple and Scott
Morgan
Total Fees
$8,622.50
Total Disbursements
$140.50
Total This Invoice
$8,763.00
Payor Bill Summary
Sweetapple, Broeker & Varkas, P.L.
CC:
Elizabeth Mulligan
Robert Sweetapple
Invoice No. 478934
100.0000 % Total Fees
100.0000 % Total Disbursements
Total Due
SUMMARY OF OUTSTANDING INVOICES
Invoice #
Invoice Date
Total Billed
464314
March 26, 2015
$11,672.54
478934
June 9, 2015
$4,485.33
Total Due this Matter for all OUTSTANDING INVOICES for
Sweetapple, Broeker & Varkas, P.L.
Page: 20
June 9, 2015
$4,356.47
$128.86
$4,48533
Total AR
$11,672.54
$4,485.33
$16,157.87
Deductible amount as per Agreement is $25,000 to be paid by Sweetapple, Broeker
&Varkas, P.L.
Deductible amount paid to date by Sweetapple, Broeker & Varkas, P.L. is $8,842.13
Sweetapple, Broeker & Varkas, P.L. Responsibility for this invoice is $4,485.33
T®WfV ®F GULF STRE
0, PAYMENT APPROVED -4
CC: lCheck #,
Elizabeth Mulligan
Robert Sweetapple
Page: 24
Invoice No. 464314 March 26, 2015
Cost Description Amount
Copies (Qty: 529.0000 @ 0.25) 132.25
Long Distance Telephone 2.79
Charges
Total Disbursements $135.04
Matter Summary
0062-00 — Martin E. O'Boyle v. Robert A. Sweetapple and Scott Morgan
Total Fees
$11,537.50
Total Disbursements
$135.04
Total This Invoice
$11,672.54
Payor Bill Summary
Sweetapple, Broeker & Varkas, P.L.
100.0000 %Total Fees $11,537.50
100.0000 %Total Disbursements $135.04
Total Due $11,672.54
VN OF GULF STREAM
► PAYMENT APPROVED -4
11 1.12.6,f-
CC:
.12.5,f-
CC: lCheck #.
Elizabeth Mulligan
Robert Sweetapple
MIAMI - WEST PALM BEACH - TAMPA- KEY WEST- FT. LAUDERDALE EAST- FT. LAUDERDALE WEST- NAPLES
JACKSONVILLE- ORLANDO - PENSACOLA- BONITA SPRINGS
Robert Sweetapple
Sweetapple, Broeker & Varkas, P.L.
20 S.E. 3rd Street
Boca Raton FL 33432
Sweetapple, Broeker & Varkas, P.L.
Re: 0062-00—Martin E. O'Boyle v. Robert A. Sweetapple and Scott Morgan
Claim Number 4020140930001
For Professional Services Rendered through February 28, 2015
ACCOUNTING DEPARTMENT
OADELAND CENTRE II
9150 SOUTH DADELAND BOULEVARD
SUITE 1400
MIAMI, FLORIDA 33156
TELEPHONE (305) 350.5300
FACSIMILE (305)373-2294
E -Mail: acmuntina0=kleaal com
WEBSITEv .csklegal.com
FEDERAL TAx ID# 65-0792149
March 26, 2015
Client No. 1601
Invoice No. 464314
Date Atm
Descrlotion
Hours
12/08/14 JAG
Receipt, review and analysis of Plaintiffs Motion for leave to file an
0.30
Amended Complaint.
12/08/14 JAG
Receipt, review and initial analysis of Plaintiffs Amended Complaint in
0.90
order to asses new claims set forth in same as well as basis for motion to
dismiss.
12/08/14 JAG
Receipt, review and analysis of correspondence from counsel for Plaintiff
0.10
regarding and discussing issues associated with the filing of his amended
complaint.
12/08/14 JAG
Receipt, review and analysis of correspondence from counsel for Plaintiff
0.10
regarding and discussing issues associated with the proposed joint
scheduling order and corresponding report.
12/08/14 JAG
Receipt, review and analysis of the proposedjoint scheduling order to be
0.10
filed with the court in this matter.
12/08/14 JAG
Receipt, review and analysis of the proposed joint scheduling report.
0.10
12/09/14 JAG
Exchange correspondence with counsel for Mayor Morgan regarding and
0.30
discussing issues associated with the finalized proposed scheduling order
and report to be submitted per order of court.
12/09/14 JAG
Exchange voluminous correspondence with counsel for all parties
0.90
regarding and discussing issues associated with the finalized proposed
scheduling order and report to be submitted per order of court in effort to
resolve same.
12/09/14 JAG
Conduct further review and analysis of Plaintiffs Amended Complaint in
1.20
Invoice No. 464314
order to assess and compare difference with orginal complaint and
determine what if any basis for dismissal of said claims exist.
12/09/14 JAG Draft correspondence to R. Sweetapple regarding and discussing issues in
this matter, in particular recently filed amended complaint and assessment
of same.
12/10/14 JAG In preparation of drafting Defendant's initial disclosures as well as
additional discovery requests, and in furtherance of defensive efforts in this
matter, review and analyze deposition of Plaintiff Martin O'Boyle taken by
Robert Sweetapple in underlying matter.
12/10/14 JAG Receipt, review and analysis of correspondence from R. Sweetapple
regarding and discussing issues associated with this matter in particular
actions of O'Boyle and rule 26 disclosures.
12/10/14 JAG Receipt, review and analysis of correspondence of Gulf Stream's response
to motion to disqualify filed in underlying action is furtherance of defensive
efforts.
12/10/14 JAG Teleconference with R. Sweetapple regarding and discussing issues
associated with this matter, in particular defensive efforts and Rule 26
disclosures.
12/10/14 JAG In preparation of drafting Defendant's Rule 26 Disclosures commence
review and analysis of background on Martin O'Boyle and entitles to
ensure that all individuals who have been subject to the same scheme and
strategy of O'Boyle are potential witnesses in this matter.
12/11/14 JAG Review and analyze lengthy order setting trial date & discovery deadlines,
referring case td mediation & referring discovery motions to magistrate.
12/11/14 JAG Review and analysis of Gulf Streams response in opposition to motion to
disqualify Sweetapple as counsel in order to further assess underlying
actions and purported claims against Defendant in this matter as well as
additional factual support. (37 pages)
12/11/14 JAG Teleconference with counsel for Mayor Morgan regarding and discussing
isses associated with amended complaint as well as discovery in this matter
and strategy in proceeding forward with same.
12/11/14 JAG Exchange correspondence with counsel for Mayor Morgan, H. Gill
regarding and discussing numerous additional law suits filed by Plaintiff
against other entities in similar fashion to those at issue in this matter
including slander claims.
12/11/14 JAG In preparation of drafting Defendant's Rule 26 Disclosures continue review
and analysis of background on Martin O'Boyle and entitles to ensure that
all individuals who have been subject to the same scheme and strategy of
O'Boyle including slander claims are listed as potential witnesses in this
matter as well as all known associates.
CC:
Elizabeth Mulligan
Robert Sweetapple
Page: 14
March 26, 2015
0.20
2.50
0.10
0.10
0.20
1.50
0.30
1.20
0.40
0.40
1.30
CC:
Elizabeth Mulligan
Robert Sweetapple
Page: 15
Invoice No. 464314
March 26, 2015
12/11/14 JAG
Exchange correspondence with R. Sweetapple regarding and discussing
0.30
issues associates with this matter in particular the court's issuance of its
scheduling order.
12/12/14 JAG
Commence drafting lengthy and detailed interrogatories to propound on
0.70
Plaintiff regarding and specifically tailored to claims for defamation and
slander.
12/12/14 JAG
Teleconference with R. Sweetapple regarding and discussing issues
0.20
associated with suit filed by CAM and claims being asserted in same.
12/12/14 JAG
Receipt, review and analysis of CAFI's motion to file exhibits under seal as
0.30
it relates to motion for entry of order to show cause and return of
documents allegedly in possession of R. Sweetapple, in furtherance of our
defensive efforts and O'Boyles counter actions taken against same. (41
pages).
12/12/14 JAG
Receipt, review and analysis of Sweetapple's motion to dismiss complaint
0.10
against same by CAFI, in furtherance of our defensive efforts and O'Boyles
counter actions taken against same.
12/12/14 JAG
Receipt, review and analysis of Sweetapple's motion to strike complaint
0.10
filed by CAFI filed against same as a sham, in furtherance of our defensive
efforts and O'Boyles counter actions taken against same.
12/12/14 JAG
Receipt, review and analysis of Sweetapple's motion to compel deposiiton
0.10
of CAFI corporate representative and potential integral witness in this
matter, D. De Martini, in furtherance of our defensive efforts and O'Boyles
counter actions taken against same.
12/12/14 JAG
Receipt, review and analysis of CAFI's Motion for Order to show cause as
0.60
to Sweetapple, for alleged possession of documents which could be integral
in this matter, claiming said documents are confidential and privileged in
nature and wrongfully acquired, in furtherance of our defensive efforts and
O'Boyles counter actions taken against Sweetapple. (39 pages).
12/12/14 JAG
Receipt, review and analysis of CAFI's Complaint against Sweetapple, for
0.00
alleged possession of documents which could be integral in this matter,
claiming said documents are confidential and privileged in nature and
wrongfully acquired, in furtherance of our defensive efforts and O'Boyles
counter actions taken against Sweetapple. (10 pages).
12/15/14 BAP
Review and analysis of motions filed by CCAFI describe Complaint, for
0.50
directive verdict, for Sanctions in Order to Show Cause relative to
documents as well as other issues.
12/15/14 BAP
Preparation of an outline of manner in which we will proceed in response to
0.20
motions filed by CCAFI.
12/15/14 JAG
Exchange correspondence with R. Sweetapple regarding and discussing
0.80
CC:
Elizabeth Mulligan
Robert Sweetapple
Page: 16
Invoice No. 464314 March 26, 2015
issues associated with claims filed by CAFI and handling of same
12/15/14 JAG
Commence drafting lengthy and detailed initial disclosures, pursuant to
1.30
Federal Rules of Civil Procedure, Rule 26, setting forth over 40 potential
factual witness, and informatio/knowledge with respect to same.
12/16/14 JAG
Further review and analysis of motion to show cause and complaint filed in
1.50
CAFI matter, pursuant to discussions with R. Sweetapple, as same provides
additional facts and potential witnesses to put forth in Rule 26 disclosures.
12/17/14 JAG
Review and analyze Order Setting Discovery Procedure on pre -hearing
0.30
communication and discovery motions from Magistrate Matthewman.
(Attorney review required by Local Rules and ECF Rules)
12/17/14 JAG
Continue drafting lengthy and detailed initial disclosures, pursuant to
3.80
Federal Rules of Civil Procedure, Rule 26, setting forth over 40 potential
factual witness, as well as their location and informatio/knowledge they are
each individually expected to present.
12/17/14 JAG
Teleconference with R. Sweetapple regarding and discussing issues
0.50
associated with this matter in particular information expected from several
disclosed witnesses, additional witneeses to add as well as handling of
CAFI matter.
12/18/14 JAG
Review and analyze Plaintiffs Initial Disclosures, including individuals
0.70
likely to have discoverable information, location and description of
documents and things, computation of damages and insurance agreements.
12/18/14 JAG
Continue drafting lengthy and detailed initial disclosures, pursuant to
0.80
Federal Rules of Civil Procedure, Rule 26, setting forth over 40 potential
factual witness, as well as their location and informatio/knowledge they are
each individually expected to present.
12/18/14 JAG
In furtherence of drafting detailed initial disclosures, review and analyze
1.00
additional information and backgrounds on several of the proposed
witneeses who were subject to similar suits of Plaintiff in New Jersey and
Tennessee.
12/18/14 JAG
Continue drafting lengthy and detailed interrogatories to propound on
1.00
Plaintiff regarding and specifically tailored to claims for defamation and
slander.
12/22/14 JAG
Commence drafting lengthy and detailed initial case analysis in this matter,
2.00
specifically setting forth the attenuated factual and procedural history in
this matter, and background on Plaintiff.
12/22/14 JAG
Continue drafting lengthy and detailed initial disclosures, pursuant to
0.80
Federal Rules of Civil Procedure, Rule 26, setting forth over 40 potential
factual witness, as well as their location and informatio/knowledge they are
each individually expected to present.
CC:
Elizabeth Mulligan
Robert Sweetapple
Page: 17
Invoice No. 464314 March 26, 2015
12/23/14 JAG In preparation of finalizing Sweetapple's initial disclosures pursuant to Rule 0.90
26, conduct additional review and analysis of affidavit of Joel Chandler to
assess any additional individuals to be named as well as other documents
provided by client.
12/23/14 JAG Finalize drafting lengthy and detailed initial disclosures, pursuant to 0.80
Federal Rules of Civil Procedure, Rule 26, setting forth over 40 potential
factual witness, as well as their location and informatio/knowledge they are
each individually expected to present.
12/24/14 JAG Continue drafting lengthy and detailed interrogatories to propound on 1.80
Plaintiff regarding and specifically tailored to claims for defamation and
slander.
12/24/14 JAG Finalize drafting lengthy and detailed initial disclosures, pursuant to 1.90
Federal Rules of Civil Procedure, Rule 26, setting forth over 40 potential
factual witness, as well as their location and infornatio/knowledge they are
each individually expected to present.
12/24/14 JAG Draft correspondence to R. Sweetapple regarding and discussing issues 0.20
assoicated with discovery in this matter, in particular, our initial disclosures
as well as Plaintiffs.
12/29/14 JAG Review and analyze plaintiffs lengthy response and objections to our first 1.30
request for production in order to prepare a reply to same. (16 pages)
12/29/14 JAG Exchange correspodnence with counsel for Plaintiff regarding and 0.50
discussing issues associated with service of discovery and handling of
same.
12/29/14 JAG Exchange correspodnence with counsel of record regarding and discussing 0.40
issues associated with mediation in this matter.
12/30/14 JAG Exchange correspodence with counsel of record regarding and discussing 0.30
proposed mediator in this matter and issues with respect to same.
12/30/14 JAG Teleconference with R. Sweetapple regarding and discussing issues 0.10
associated with Rule 26 disclosures and proposed revisions to same.
12/31/14 JAG Revise Rule 26 Initial Disclosures pursuant to discussion with R. 0.50
Sweetapple.
12/31/14 JAG Exchange correspodnence with R. Sweetapple regarding and discussing 0.30
revisions to Rule 26 Disclosures,
12/31/14 JAG Exchange correspodnence with R. Sweetapple regarding and discussing 0.30
issues relative to proposed mediators in this matter and assessment of same.
12/31/14 JAG Exchange correspondence with counsel of regarding regarding and 0.70
discussing issues associated with service of Sweetapple's Initial Rule 26
disclosures.
CC:
Elizabeth Mulligan
Robert Sweetapple
Page: 18
Invoice No. 464314 March 26, 2015
12/31/14 JAG Receipt, review and analysis of correspodnence regarding and discussing 0.10
issues associated with Co -Defendant, Morgan's Initial Rule 26 disclosures.
12/31/14 JAG Receipt, review and analysis Co -Defendant, Morgan's Initial Rule 26 0.40
disclosures.
12/31/14 JAG
Exchange correspondence with R. Sweetapple regarding and discussing
0.20
issues associated with Co -Defendant, Morgan's initial disclosures.
12/31/14 JAG
Commence drafting Motion to Dismiss Plaintiffs Amended Complaint in
2.10
this matter, specifically, drafting section setting forth revised factual and
procedural history in this matter based upon addtional allegations set forth
in the complaint.
01/02/15 BAP
Review and analysis of correspondence from Claim Handler, Elizabeth
0.10
Mulligan, with regard to mediation.
01/02/15 BAP
Preparation of responsive correspondence to Claim Handler, Elizabeth
0.10
Mulligan, with regards to mediation and other issues associated with same.
01/02/15 JAG
Teleconference with R. Sweetapple regarding and discussing issues
0.10
associated with this matter and related CAF[ matter as well as served Rule
26 Disclosures.
01/02/15 JAG
Draft correspomdence to R. Sweetapple regarding and discussing issues
0.20
associated with this matter and related CAM matter as well as served Rule
26 Disclosures.
01/02/15 JAG
Exchange correspondence with E. Mullins regarding and discussing issues
0.10
associated with proposed mediators in this matter.
01/06/15 BAP
Review and analysis of court order on Motion to Dismiss.
0.10
01/06/15 JAG
Review and analyze Order denying as moot our Motion to Dismiss for
0.00
Failure to State a Claim because the court granted plaintiffs Motion for
Leave to File Amended Complaint.
01/08/15 JAG
Exchange correspondence with counsel for O'Boyle, D. DeSouza regarding
0.30
and discussing issues associated with mediation in this matter and proposal
with respect to same to comply with court order.
01/09/15 JAG
Receipt, review and analysis of Plaintiffs lengthy and detailed amended
1.10
complaint, filed in compliance with the court's order, in order to assess
response to same.
01/09/15 JAG
Exchange further communications with Plaintiffs counsel regarding and
0.30
discussing issues associated with mediation in this matter.
01/12/15 JAG
Draft extremely lengthy and detailed correspondence to Plaintiffs counsel
4.90
setting forth the numerous deficiencies in his responses and objections to
CC:
Elizabeth Mulligan
Robert Sweetapple
Invoice No. 464314
our first request for production in an effort to resolve same without court
intervention.
01/12/15 JAG Commence drafting lengthy and detailed motion to dismiss Plaintiffs
Amended Complaint, specifically section setting forth summary of the
factual and background allegations as set forth in same to the extent said
allegations benefit future legal arguments.
01/14/15 JAG Drafting lengthy and detailed motion to dismiss Plaintiffs Amended
Complaint, specifically memorandum of law section setting forth position
that Plaintiff has failed to assert a vialble cause of action for slander per se.
01/14/15 JAG Exchange correspondence with counsel for Plaintiff regarding and
discussing issues associated with discovery deficiency and requirement to
meet and confer.
01/14/15 JAG Drafting lengthy and detailed motion to dismiss Plaintiffs Amended
Complaint, specifically memorandum of law section setting forth position
that Plaintiffs slander per se allegations fail as there are insufficient facts to
maintain said claim.
01/14/15 JAG Drafting lengthy and detailed motion to dismiss Plaintiffs Amended
Complaint, specifically memorandum of law section setting forth position
that Plaintiffs slander per se allegations fail as the purported statements are
not actionable as opinion as a matter of law.
01/14/15 JAG Drafting lengthy and detailed motion to dismiss Plaintiffs Amended
Complaint, specifically memorandum of law section setting forth position
that Plaintiffs slander per se allegations fail as he cannot establish that
Sweetapple acted with the requisite malice.
01/15/15 JAG Teleconference with counsel for Plaintiff in order to meet and confer with
respect to discovery issues set forth in deficiency letter.
01/16/15 JAG Drafting lengthy and detailed motion to dismiss Plaintiffs Amended
Complaint, specifically memorandum of law section setting forth position
that Plaintiff cannot maintain a claim for first amendment retaliation.
01/16/15 JAG Drafting lengthy and detailed motion to dismiss Plaintiffs Amended
Complaint, specifically further draft memorandum of law section setting
forth position that Plaintiffs slander per se allegations fail as he cannot
establish that Sweetapple acted with the requisite malice.
01/19/15 JAG Drafting lengthy and detailed motion to dismiss Plaintiffs Amended
Complaint, specifically memorandum of law section setting forth position
that Plaintiffs claim for first amendment retaliation claim fails as
Sweetaaple is not a state actor or acting under the color of state law.
01/19/15 JAG Drafting lengthy and detailed motion to dismiss Plaintiffs Amended
Complaint, specifically memorandum of law section setting forth position
that Plaintiffs claim for first amendment retaliation claim fails as Plaintiff
CC:
Elizabeth Mulligan
Robert Sweetapple
Page: 19
March 26, 2015
`tt
0.90
0.40
0.90
0.90
0.80
0.90
0.90
1.80
0.90
CC:
Elizabeth Mulligan
Robert Sweetapple
Page: 20
Invoice No. 464314
March 26, 2015
has not been engaged in a protected activity and/or the purported conduct
does not amount to retaliation.
01/19/15 JAG
Drafting lengthy and detailed motion to dismiss Plaintiffs Amended
0.90
Complaint, specifically memorandum of law section setting forth position
that Plaintiffs claim for civil conspiracy fails as Florida law does not
recognize an independent claim for same.
01/19/15 JAG
Drafting lengthy and detailed motion to dismiss Plaintiffs Amended
1.10
Complaint, specifically memorandum of law section setting forth position
that Plaintiffs claim for conspiracy to commit slander per se and/or first
amendment retaliation fails.
01/20/15 JAG
Drafting lengthy and detailed motion to dismiss Plaintiffs Amended
1.80
Complaint, specifically memorandum of law section setting forth position
that Plaintiffs claim for conspiracy to commit slander per se and/or first
amendment retaliation fails as it does not allege fact sufficient to establish
an actual conspiracy.
01/20/15 JAG
Draft correspondence to R. Sweetapple regarding and discussing issues
0.10
associated with finalized motion to dismiss Plaintiffs Amended Complaint.
01/20/15 JAG
Drafting lengthy and detailed motion to dismiss Plaintiffs Amended
2.60
Complaint, specifically memorandum of law section setting forth position
that Plaintiffs claims in total are barred by Florida's litigation immunity
privilege despite Plaintiffs attempt to plead around such a position in his
amended complaint.
01/21/15 JAG
Exchange correspondence with counsel for Gulf Stream, H. Gill regarding
0.30
and discussing issues associated with motion to dismiss the amended
complaint by same.
01/22/15 JAG
Initial receipt, review and analysis of Plaintiffs First Request for
0.40
Production onf Sweetapple.
01/22/15 JAG
Initial receipt, review and analysis of Plaintiffs First Request for
0.20
Production on Morgan.
01/22/15 JAG
Initial receipt, review and analysis of Plaintiffs First set of interrogatories
0.40
on Sweetapple.
01/22/15 JAG
Initial receipt, review and analysis of Plaintiffs First set of interrogatories
0.20
on Morgan.
01/22/15 JAG
Initial receipt, review and analysis of Plaintiffs First set of Admissions on
0.40
Sweetapple.
01/22/15 JAG
Initial receipt, review and analysis of Plaintiffs First set of Admissions on
0.20
Morgan.
01/22/15 JAG
Finalize drafting lenthy and detailed fact specific interrogatories at it relates
2.30
CC:
Elizabeth Mulligan
Robert Sweetapple
Page: 21
Invoice No. 464314
March 26, 2015
to claims for slander per se and retaliation.
01/22/15 JAG
Draft correspondence to R. Sweetapple regarding and discussing issues
0.20
associated with this matter, specifically Plaintiffs discovery requests as
well as out proposed interrogatories.
01/23/15 JAG
Teleconference with R. Sweetapple regarding and discussing isses
0.20
associated wiht discovery propounded by Plaintiff.
01/23/15 JAG
Receipt, review and analysis of correspondence from R. Sweetapple
0.10
regarding and discussing counterclaim filed against O'Boyle in town suit by
Sweetapple as it relates to claims in this matter.
01/25/15 JAG
Exchange correspondence with R. Sweetapple regarding and discussing
0.40
issues associated with proposed interrogatories as well as claims set forth in
cross claim against O'Boyle in town suit.
01/26/15 JAG
Teleconference with R. Sweetapple regarding and discussing issues
0.20
associated with this matter, in particular interrogatories.
01/26/15 JAG
Receipt, review and analysis of correspodnence from R. Sweetapple
0.10
regarding and discussing issues associated with this matter, in particular
interrogatories.
01/26/15 JAG
Exchange correspodnence with R. Sweetapple regarding article on public
0.20
records request fraud.
01/26/15 JAG
Review and analysis of recent article publised on public records request
0.20
fraud as it relates to actions of O'Boyle and defense of claims against
Sweetapple.
01/26/15 JAG
Initial receipt and review of motion to dismiss amended complaint filed by
0.10
Mayor Morgan.
01/27/15 JAG
Review and analysis of countercliaim/third-party complaint filed against
2.20
O'Boyle in underlying suit against town, as claims set forth in counterclaim
have a direct impact on claims in this matter, in particular claims for
slander per se.
01/27/15 JAG
Review and analysis of lengthy and detailed motion to dismiss amended
0.50
complaint filed by Mayor Morgan in order to assess claims and defensive
positions is this matter.
01/30/15 JAG
Teleconference with J. O'Connor regarding and discussing issues
0.30
associated relative O'Boyle or an entity continues to make public records
request.
01/30/15 JAG
Commence preparation of responding to Plaintiffs volumnous request for
0.50
production and assess location of responsive documents.
02/04/15 JAG
Finalize drafting interrogatories to propound on Plaintiff pursuant to
0.60
CC:
Elizabeth Mulligan
Robert Sweetapple
Invoice No. 464314
Page: 22
March 26, 2015
CC:
Elizabeth Mulligan
Robert Sweetapple
discussions with R. Sweetapple.
02/04/15 JAG
Teleconference with R. Sweetapple regarding and discussing additional
0.20
interrogatories to propound on Plaintiff.
02/05/15 JAG
Exchange correspondence with counsel for O'Boyle regarding and
0.30
discussing issues associated with response to our motion to dismiss.
02/06/15 JAG
Review plaintiffs agreed motion for extension of time to file a response to
0.20
Sweetappple and Morgans motions to dismiss.
02/06/15 JAG
Exchange correspodence with counsel for O'Boyle regarding and
0.30
discussing issues associated with responding to motion to dismiss the
complaint.
02/09/15 JAG
Review Order granting Plaintiffs motion for extension of time to file
0.10
response/reply to both defendants motion to dismiss.
02/10/15 JAG
Teleconference with R. Sweetapple regarding and discussing issues
0.20
associated with discovery served in this matter.
02/10/15 JAG
Exchange coffespodnence with R. Sweetapple regarding and discussing
0.40
issues associated with discovery served in this matter.
02/10/15 JAG
Teleconference with R. Sweetapple regarding and discussing issues
0.50
associated with response to Plaintiffs propounded discovery in this matter.
02/11/15 JAG
Receipt, review and analysis of correspondence from counsel for Mayor
0.10
Morgan regarding and discussing request to seek a stay of same pending
ruling on their motion to dismiss.
02/12/15 JAG
Receipt, review and analysis of correspondence from counsel for O'Boyle
0.10
regarding and discussing issues associated with stay of discovery.
02/13/15 JAG
Receipt, review and analysis of recently filed Class Action RICO suit filed
3.10
by Town of Gulf Stream against O'Boyle and other related entites as
allegations and claims set forth in same go directly to defense of this
matter, in particular defamation claims for truth. (50 pages w/o exhibits).
02/16/15 JAG
Exchange correspondence with counsel of record regarding and discussing
0.40
issues associated with Mayor Morgan's request to stay discovery pending
outcome of motions to dismiss.
02/17/15 JAG
Review and analyze Defendam Mayor Scott Morgan's 25 page Motion to
0.40
Stay Discovery Pending Deterninatio of Entitlement to Qualified
Immunity.
02/17/15 JAG
Further review and analysis of extremely lengthy Federal Class Action
1.10
Rico matter filed by the Town of Gulf Stream in support of our defense in
this matter.
CC:
Elizabeth Mulligan
Robert Sweetapple
Summary of Services
Attv
Hours Rate
Page: 23
Invoice No. 464314
1.00 150.00
March 26, 2015
02/17/15 JAG
Commence drafting lengthy and detailed responses and objections to
1.30
Plaintiffs first set of interrogatories propounded on Sweetapple.
$11,537.50
02/18/15 JAG
Teleconference with E. Mulligan regarding and discussing issues associated
0.10
with this matter and status as it relates to same.
02/19/15 JAG
Initial receipt, review and analysis of Plaintiffs opposition to Sweetapple's
0.10
Motion to Dismiss.
02/19/15 JAG
Initial receipt, review and analysis of Plaintiffs opposition to Mayor
0.10
Morgan's Motion to Dismiss.
02/23/15 JAG
Review Defendant, Mayor Scott Morgan's Objections to the Plaintiffs
0.20
Initial Discovery Dated 1.21.15.
02/23/15 JAG
Review and analysis of Plaintiffs lengthy response in opposition to
1.30
Sweetapple's motion to dismiss this matter in preparation of drafting
response to same.
02/23/15 JAG
Review, analysis and shepardize case law and statutory authority cited in
1.00
Plaintiffs lengthy response in opposition to Sweetapple's motion to dismiss
in preparation of drafting response to same.
02/24/15 JAG
Exchange correspondence with counsel for O'Boyle regarding and
0.30
discussing issues associated with responding to discovery propounded on
Sweetapple and resolution of same.
02/26/15 JAG
Draft correspondence to R. Sweetapple in order to provide status update as
0.20
to same, in particular proceeding forward with motion to dismiss as well as
discovery in this matter.
02/28/15 JAG
Commence drafting lengthy and detailed response in support of motion to
2.20
dismiss Plaintiffs Amended complaint responding to arguments raised in
Plaintiffs opposition with respect to independent actions for conspiracy.
Total Hours
92.10
Summary of Services
Attv
Hours Rate
Value
BAP Postman, Bary A.
1.00 150.00
150.00
JAG Goldstein, Joshua A.
91.10 125.00
11,387.50
Total Fees 92.10
$11,537.50
Disbursements
CC:
Elizabeth Mulligan
Robert Sweetapple
13381
'OWN OF GULF STREAM OPERATING ACCOUNT
11/13/2015
To: Cole Scott & Kissane PA
Ann: Accounting Dept.
9150 South Dadeland Blvd.,
Ste. 1400
464314 3262015 Legal-sweetapple $11,672.54 S0.00 S11,672.54
478934 6'9121115 legal-sweetapple $4,485.33 $0.00 $4,485.33
Totals: $16,157.87 $0.00 $16,157.87
001-531 III -51.1-I0 Legal Services - Admin
TOWN OF GULF STREAM
OPERATING ACCOUNT
100 SEA ROAD
GULF STREAM, FL 33483-7427
(561) 276-5116
SUNTRUST BANK
63-215/631
PAY "Sixteen thousand one hundred fifty seven and 87/100 Dollars"
TO THE
ORDER
OF
Cole Scott & Kissane PA
Attn: Accounting Dept.
9150 South Dadeland Blvd.,
Ste. 1400
Miami, FL 33156
AUTHORIZED SIGNATURE
11.01338Lill
®Shield
CHECK DATE
13381
CHECK NO.
11/13/2015 13381
m
CHECK AMOUNT e
$" 16,157.87 8
,
4
Im
16�
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
January 8, 2016
Chris O'Hare [mail to: chrisoharegulfstream@gmail.com]
Re: GS #2050 (Follow up record request - Fwd: GS #2037 (sweetapple conditional letter))
(1) Any payment to, and bills from, Cole, Scott & Kissane, P.A. far legal work completed on behalf
of Robert Sweetapple since January 2015.
(2) Any payment to, and billsfrom, Sweetaople, Broeker & Parkas, P.L. (or any otherfirm in which
Mr. Sweetapple has an interest) for legal work completed on behalf of Robert Sweetapple since
January 2015.
(3) Any communication between the Town and anyone at Cole, Scott & Kissane, P.A. regarding
the production of their Nov 10, 2015 letter.
Dear Chris O'Hare [mail to: chrisohareeulfstream(a.email.coml,
The Town of Gulf Stream received your original public records request on November 11, 2015.
You should be able to view your request at the following link htto://www2.gulf-
stream.or¢/weblink/O/doc/70266/Pagel.aVx. In future correspondence, please refer to this public
records request by the above referenced numbers.
For part 1 and 3, you will find the responsive records at the same above link. For part 2, no such
records exist.
We consider this closed.
Sincerely, Town Clerk, Custodian of the Records
From: Chris O'Hare <chrisoharegulfstream@gmail.com>
Sent: Thursday, October 29, 2015 6:13 PM
To: Bill Thrasher
Subject: Public Record Request - sweetapple conditional letter
Dear Custodian of Records,
This email is a singular request for a public record. Please respond to this public record request in a singular manner and do not
combine this public record request with any other public record requests when responding.
Before making this public record request, I first searched the public records portion of your agency's website hoping I could
locate the public record I seek without having to trouble you for It. Unfortunately I can not find the records I wish to examine.
Background of the request: The adopted minutes of the Town Commission Meeting of Jan. 9, 2015 indicate that
a motion by Mr. Ganger, amended by Mr. Stanley and seconded by Ms. White was passed unanimously by the
Commission. The adopted amended motion was:
Approve reimbursement of his (attorney Sweetapple's) legal expenses up to $25,000 with the condition that
the Town be reimbursed if those fees are recoverable and as a condition of approval we (the Commission)
should have a letter advising the name of the law firm handling the suit air behalf of Mr. Sweetapple's law
firm, that they are indeed handling the case on behalf of the carrier and confirming the amount of the
deductible and their hourly rate, along with the amount of expense that has been incurred to date.
This record request is for that letter.
I make this request pursuant to Article 1. Section 24 of the Florida Constitution and Chapter 119 of the Florida Statutes.
If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure please cite
the specific exemption as required by 5119.07(1 Ne) of the Florida Statutes and state in writing and with particularity the basis for
your conclusions as required by 4119.07(1)(f) of the Florida Statutes.
Please take note of 4119.07(1)(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt of this
public records request and (2) make a good faith effort which "includes making reasonable efforts to determine from other
officers or employees within the agency whether such a record exists and, if so, the location at which the record can be
accessed." I am, therefore, requesting that you notify every individual in possession of records that may be responsive to this
public records request to preserve all such records on an immediate basis.
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 4119.01(2)(f). Florida Statutes.
Please provide only those records for inspection that do not require extensive use of information technologies or extensive staff
time or both in excess of 15 minutes. Please take note of 4119.07(4)(a)3.(d) Florida Statues and if you anticipate that any
records exist, the production for inspection of which will require extensive use of information technologies or extensive staff time
or both in excess of 15 minutes, then please advise me of the cost you anticipate to be incurred by your agency prior to incurring
this cost. Please do not incur any costs on my behalf without first obtaining my written authorization to proceed.
If you anticipate the need to incur any costs that I would be statutorily required to pay in order to inspect these public records
which would exceed $1.00 please notify me in advance of your incurring that cost with a written estimate of the total cost. Please
be sure to itemize any estimates so as to indicate the total number of pages and/or records, as well as to distinguish the cost of
labor and materials. Again, please do not incur any costs on my behalf without first obtaining my written authorization to
proceed.
I hereby reserve all rights granted to me under the Florida Constitution and Florida Statutes.
All responses to this public records request should be made in writing to the following email address:
chrisohareclulfstroam(@qmaii.com
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
November 10, 2015
Chris O'Hare [mail to: chrisoharegulfstream@gmail.com]
Re: GS #2037 (sweetapple conditional letter)
Background of the request: The adopted minutes of the Town Commission Meeting ofJan. 9, 2015
indicate that a motion by Mr. Ganger, amended by Mr. Stanley and seconded by Ms. White was
passed unanimously by the Commission. The adopted amended motion was: Approve
reimbursement of his (attorney Sweetapple's) legal expenses up to $25, 000 with the condition that
the Town be reimbursed if those fees are recoverable and as a condition of approval we (the
Commission) should have a letter advising the name of the law firm handling the suit on behalf of
Mr. Sweetapple's law firm, that they are indeed handling the case on behalf of the carrier and
confirming the amount of the deductible and their hourly rate, along with the amount of expense
that has been incurred to date. This record request is for that letter.
Dear Chris O'Hare [mail to: chrisohareeulfstreamOa gmail.coml,
The Town of Gulf Stream received your public records request on October 29, 2015. You should
be able to view your request at the following link http://www2.gulf-
stream.org/weblink/O/doc/69567/Pagel.ppxx. In future correspondence, please refer to this public
records request by the above referenced numbers.
The responsive document is available at the same link.
We consider this matter closed.
Sincerely, Town Clerk, Custodian of the Records