HomeMy Public PortalAboutSam Harris Transcript 6/22/15SAM HARRIS
OHARE vs. TOWN OF GULF STREAM
June 22, 2015
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UNITED STATES DISTRICT COURT
1
I N D E X
2
FOR THE SOUTHERN DISTRICT OF FLORIDA
2
3
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CASE NO. 13-cv-6109-RLR
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WITHERS: DIRECT CROSS REDIRECT RECROSS
5
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SAM HARRIS
CHRIS O'SARE,
s
BY MR. STEARNS 4
6
Plaintiff,
BY MR. HANNA 13
7
6
E
vs.
7
9
TOWN OF GULF STREAM;
5
TOM OF GULF STREAM COMMISSION;
9
10
TOWN MANAGER WILLIAM THRASHER,
10
Town Manager, in his individual capacity and official
11
capacity as the Town Manager for the Town of Gulf Stream;
E X H I E I T S
TOWN SPECIAL MAGISTRATE LANA DONLON,
11
12
Special Magistrate, in her individual and official capacity
12
as a Special Magistrate for the Town of Gulf Stream;
13
OFFICER DAVID GINSBERG, Officer, in his individual capacity
NUMBER PAGE
and official capacity as an Sergeant for the Town of Gulf
13
14
Stream; STEVEN TOBIAS, Building Official, in hie individual
14
capacity and official capacity as a Building Official for
15
the City of Delray Beach; and
15
WARTY MINOR, Planning Consultant, in his individual capacity
(NO EXHIBITS WERE MARKED FOR IDENTIFICATION.)
16
and official capacity as a Planning Consultant for the
16
Town of Gulf Stream
17
17
1E
Defendants.
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19
19
20
20
DEPOSITION OF SAM HARRIS
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21
22
22
Monday, June 22, 2015
23
4:00 p.m. to 4:15 p.m.
23
24
100 Sea Road
24
Gulf Stream, Florida
25
25
Page 2
Paige
1
Reported By:
1
PROCEEDINGS
DEBORAH LAWRENCE, Court Reporter
2
Deposition taken before DEBORAH LAWRENCE, Court
2
Notary Public, State of Florida
Esquire Deposition Solutions
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Reporter and Notary Public in and for the Stale of Florida
3
Job N 109085
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at Large, in the above cause.
5
5
Thereupon,
APPEARANCES:
6
(SAM HARRIS)
6
7
ffi
having been duly swom or armed, was examined and
On behalf of the Plaintiff
8
testified as follows:
7
MARK HANNA, ESQUIRE
GM4/ Madison P.A.
9
DIRECT EXAMINATION
6
401 South County Road
10
BY MR. STEARNS:
Palm Beach, Florida 33480
9
11
Q. Please stale your name for the record?
30
On behalf of the Defendants
12
A. Sam Harris.
CHRISTOPHER STEARNS, ESQUIRE (telephonic)
13
Q. Good afternoon, Mr. Harris. My name is Chris
11
Johnson, Ansel., Murdoch, Burke, Piper S Hochman, P.A.
2455 E. Sunrise Blvd.
14
Steams and I represent the defendants in the lawsuit that
12
Ft. Lauderdale, Florida 33304
15
has been filed by Christopher O'Hare.
13
16
Have you ever given a deposition before?
14
ALSO PRESENT: Chris O'Hare
William Thrasher
17
A. N0.
is
Lou Roeder
18
Q. Okay. I may go over the rules with you briefly.
16
19
And that is, I'm going to ask a you series of questions out
17
1e
20
loud. All we ask is that you answer each question verbally.
19
21
The court reporter sitting over there is typing up
a122
everything you say can't take nods of the head or uh-huh or
22
23
unh-unhs.
23
24
Okay?
24
25
25
A. Yes. Okay.
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SAM HARRIS
OHARE vs. TOWN OF GULF STREAM
June 22, 2015
5-8
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Page
1
Q.
If you don't understand my question, let me know.
1
Q.
You just received my subpoena and showed up?
2
I'll be
happy to rephrase it for you. Okay?
2
A.
Yes.
3
A.
Okay.
3
Q.
Do you have any idea what you're here about?
4
Q.
What is your current address?
4
A.
No.
5
A.
521 Northwest 9th Avenue in Boynton Beach,
5
Q.
All right. So the agreement that you had, the
6
Florida.
6
contract, was for a tile roof you said; right?
7
Q.
Are you currently employed?
7
A.
Yes.
8
A.
Yes.
8
Q.
Did you have anything to do with negotiating the
9
Q.
Where do you work?
9
contract?
10
A.
Roof Tech Corporation.
10
A.
No.
11
Q.
How long have you worked for Roof Tech?
11
Q.
How does that work?
12
A.
19 years.
12
A.
The estimator or the owner.
13
Q.
Probably pretty obvious. What does Roof Tech
13
Q.
They sign the contract, they give it to you and
14
Corporation do?
14
then do you supervise the job?
15
A.
Install roofs, repairs, maintenance, etc., etc.
15
A.
No, they do the contract. They give it to Mr.
16
Q.
Do you hold a specific position with Roof Tech?
16
O'Hare. He signs it. And then once the job is approved it
17
A.
Yes.
17
goes
to me. Start a job, open to finish.
18
Q.
What is that?
18
Q.
Okay. So once they reach the contract and done
19
A.
Supervisor.
19
all the paperwork they give it to you and it is yours to
20
Q.
How long have you been a supervisor?
20
finish?
21
A.
Maybe seven, eight. I don't know.
21
A.
Yes.
22
Q.
Do you know Christopher O'Hare?
22
Q.
And you remember it was going to be a Tile roof?
23
A.
Yes, from the roof we installed.
23
A.
Yes.
24
Q.
When did you do that job?
24
Q.
Do you remember what type of tile or anything like
25
A.
I can't remember. Maybe a year or two.
25
that?
Page 6
Page
1
Q.
A year or two ago?
1
A.
I have no clue. Normally Gulf Stream Is tile.
2
A.
Yes.
2
White tile or bail tile.
3
Q.
Can you describe the scope of the work?
3
Q.
You're aware of that from other Gulf Stream
4
A.
Well, we tore the roof off, dded It In and we got
4
projects?
5
stopped cause we don't know what was going on. And my crew
5
A.
Yes.
6
came
back and put it a — it was a change of plans. It was
6
Q.
How many homes have you worked on In Gulf Stream?
7
supposed to go tile. Didn't want to go tile. They want a
7
A.
I have no clue. A lot.
8
metal.
So we had to stop what we were doing and then we
8
Q.
A lot. Okay. And none of those have been metal
9
came
back later. Put a base sheet for watertight.
9
roofs?
10
Q.
Okay. That is the extent of what you did?
10
A.
No.
11
A.
Yes.
11
Q.
All right. Now, you said that you were doing the
12
Q.
When you were first hired it was going to be a
12
job and then you stopped?
13
the roof?
13
A.
Yes.
14
A.
Yes, that Is what our contract says I think. 1
14
Q.
What happened to rause you to stop?
15
don't
know. I didn't read the contract.
15
A.
Well, I was told by my boss they don't want to put
16
Q.
Do you have a contract with you?
16
a tile roof on, they want to go metal. That was it. Once
17
A.
No.
17
It goes out of my hands I'm done.
18
Q.
Do you have any paperwork with you?
18
Q.
Al right. So it was your boss who told you?
19
A.
No.
19
A.
Yes.
20
Q.
All right. Did you look at any paperwork before
20
Q.
And all you learned was that they want to go
21
coming here?
21
metal?
22
A.
No.
22
A.
Yes.
23
Q.
Did you have any conversations with Mr. O'Hare or
23
Q.
Did you tell them that they needed to go metal?
24
his attorney?
24
A.
No.
25
A.
No.
25
Q.
Is what you observed on the project, did you
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SAM HARRIS
OHARE vs. TOWN OF GULF STREAM
1 believe that the structure could accommodate a tile roof?
2 A. I'm not the licensed contractor to recommend that.
3 Q. All right. Did you raise any concerns about
4 whether or not a roof that you were constructing was viable?
5 A. No.
6 Q. And all you heard is they want to go metal, stop
7 and you stopped?
8 A. Yes.
9 Q. And how long was it that you were stopped for?
10 A. Once it's tom oft, direct in we came back a couple
11 of times to do the flat roof. You know, mop that in. And
12 then we came back maybe two months later to put a, what we
13 call, 43 pound base sheet so the tent tag, the third pour
14 won't deteriorate from the sun. We came back, we spoke to
15 them.
16 Q. You came back, you put the base sheet on. How
17 long does that project take?
18 A. Maybe three or four hours to do that. Put that
19 in.
20 Q. And after you did that have you ever been back to
21 the property?
22 A. No.
23 Q. Did you learn what happened to the project and why
24 it was that you were just converting it to a base sheet?
25 A. All I know was waiting for what's going on with
1 the metal roof and that was It. Once that's out of my hand
2 1 don't worry about it no more.
3 Q. When you say once Its out of your hands what do
4 you mean by that exactly?
5 A. That is when John, the owner from Roof Tech, that
6 Is his situation, not mine.
7 Q. Okay. So not your knowledge, nothing you have
8 anything to do with?
9 A. No.
10 Q. Do you know what the results of their search for a
11 metal roof was?
12 A. No.
13 Q. Okay. Did you ever have any conversations with
14 anyone at the town of Gulf Steam about this project?
15 A. No.
16 Q. Did you have any Issues with anyone from the Town
17 of Gulf Stream while you were working on the project?
18 A. Not really. Not —just one guy.
19 Q. Okay. Tell me about that?
20 A. He just always —I think he came, asked me where
21 is the permit on the job and asked me a thousand questions.
22 Q. All right. Do you know who this guy was?
23 A. I know he was a police officer but the day he was
24 a code enforcement that time.
25 Q. And he came to the project and said where is your
ESQUIRE
June 22, 2015
9-12
1 permit?
2 A. Yes.
3 Q. Did you then show him your permit?
4 A. Yes, we did.
5 Q. Did he leave?
6 A. He left after that.
7 Q. When he came to the project site where did he go?
8 A. I have no clue cause that job, once that day I
9 didn't see him no more. 1 did a roof across the street
10 later on.
11 Q. Okay. I am talking about when he was at the
12 O'Hare project. Was he In the front yard? Where was he at?
13 A. The front where the permit was at.
14 Q. Okay. Did you ever see him go anywhere else on
15 the property other than that front area?
16 A. Not that day.
17 Q. Okay. Did you see him go anywhere else any other
18 day?
19 A. When I was doing the mof across the street 1
20 noticed him come up, knock on the door. Kept banging on the
21 door, banging on the door. Then he tried to peak through
22 the window which I don't know and that was it.
23 Q. When was this?
24 A. The day we tore up his neighbor's house. We did a
25 re -roof of the nelghboes house. I can't think of his name.
1 Lives across the street from him. That's when I seen him.
2 Q. Do you know what year it was?
3 A. No.
4 Q. Do you know who it was you saw trying to peak
5 through a window?
6 A. I don't know his name. He has — kind of older
7 guy.
8 Q. Okay. While guy, black guy?
9 A. While.
10 Q. Was it the same guy you referred to as the one who
11 came and checked on your permit?
12 A. Yes.
13 Q. You said you saw him try to peak through a window.
14 He come up the front door window or —
15 A. — all the windows in the house from across the
16 street, I guess O'Hare's residence, he couldn't see through
17 it. Just kept banging on the door and I guess he got
18 frustrated and left.
19 Q. Okay. Couldn't see through what doors? I'm
20 trying to —
21 A. — In looking through the windows. Front windows.
22 Couldn't see through them. I guess they had curtains up. 1
23 don't know.
24 Q. All right. So he bangs on the front door, tried
25 to peak through the windows and then left?
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SAM HARRIS
OHARE vs. TOWN OF GULF STREAM
1
A. Yes.
1
2
Q. Did you ever see him any other time?
2
3
A. No.
3
4
Q. Okay. Never saw him on Christopher O'Hare's
4
5
property?
5
6
A. That was Christopher O'Hare's property.
6
7
Q. Other than that I am saying?
7
8
A. No.
8
9
Q. When you were doing the re -roofing job was
9
10
Christopher O'Hare living in the house?
10
11
A. No.
11
12
0. The house was a mess and a lot of work was going
12
13
on?
13
14
A. Yes.
14
15
MR. STEARNS: All right. I don't have any other
15
16
questions. Thank you.
16
17
MR. HANNA: Hold on one second. Take a break for
17
18
a second, Chris.
18
19
MR. STEARNS: Okay.
19
20
(Brief recess was taken.)
20
21
CROSS EXAMINATION
21
22
BY MR. HANNA:
22
23
Q. HI. I'm Mark Hanna. I represent Christopher
23
24
O'Hare. I just have a quick question. You said that the
24
25
house was a mess?
25
1 A. I didn't say the house was a mess. 1
2 Q. The house that you said he wasn't living in? 2
3 A. I didn't say it was a mess. The attorney did. 1
4
Q. Okay. Do you know if anybody was living in the
4
5
house?
5
6
A. No, nobody was living there as far as I know.
6
7
0. Okay. How do you make that statement? Do you
7
8
know for a fact that nobody was living there?
s
9
9
A. I seen him coming home from next door. I seen him
10
10
living next door.
11
11
MR. HANNA: Okay. I don't have anything further.
12
12
MR. STEARNS: No more questions. Sir, you have
11
13
the right to read this deposition. The court reporter
24
14
is going to type up everything that was said. You have
is
15
the right to read that, make sure she did it property.
26
16
Or you can trust her. She is a very competent person,
17
17
does a fabulous job. It's totally up to you. If you
is
18
don't want to read this thing then it's a waive. If
19
19
you do want to see it you say read.
20
20
THE WITNESS: I don't need to read it. It's my
21
21
last time, hopefully.
22
22
MR. STEARNS: So you say waive?
23
THE WITNESS: Okay.
23
24
MR. STEARNS: Thank you, sir.
24
25
25
ESQUIRE
June 22, 2015
13-16
(The witness was excused.)
(Deposition was concluded at 4:15 p.m.)
STATE OF FLORIDA
COONTY OF PAIN BEACH
I, the undersigned authority, Certify that
SAN HARRIS personally appeared before me on the 22nd of
June, 2015, and was duly sworn.
Dated this 29th of June, 2015.
DEBORAH LAWRENCE
Notary Public, State of Florida
My Commission Expires: 4/2/2016
My Commission No: EELS4677
Job p 109055
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SAM HARRIS
OHARE vs. TOWN OF GULF STREAM
June 22, 2015
17
Page 17
1 CERTIFICATE
2
THE STATE OF FLORIDA
3
COUNTY OF PALM BEACH
4
5 I, DEBORAH LAWRENCE, Court Reporter and Notary
public in and for the State of Florida at Large, do
6 hereby certify that the aforementioned witness was by
me first duly swam to testify the whole truth; that I
7 was authorized to and did report said deposition in
stenotype and that the foregoing pages are a true and
a correct transcription of my shorthand notes of said
deposition.
9
I further certify that said deposition was taken at
30 the time and place hereinabove set forth and that the
taking of said deposition wag commenced and completed
11 as hereinabove at out.
12 I further certify that I am not an attorney or
counsel of any of the parties, nor am I a relative or
13 employee of any attorney or counsel of party connected
with the action, nor am I financially interested in the
14 action.
35 The foregoing certification of this transcript does
not apply to any reproduction of the same by any means
16 unless under the direct control and/or direction of the
certifying reporter.
17
DATED this 29th a S e, 2015.
is
19
20
DEBORAH LAWRENCE, Court Reporter
21
Sob 8 109085
22
23
24
25
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SAM HARRIS
OHARE vs. TOWN OF GULF STREAM
June 22, 2015
Index: 19-front
attorney
change
9:10
dried
1
6:24 14:3
6:6
6:4 9:10
court
Avenue
checked
4:2,21
duly
19
5:5
12:11
14:13
4:7
5:12
aware
Chris
crew
— –
e:3
4:13
6:5
E
4
_
13:18
CROSS
B
Christopher
13:21
employed
43
4:15 5:22
current
5.7
9:13
back
13:4,6,
5:4
enforcement
10,23
4:15
6:6,9
curtains
10:24
15:2
9:10,12,
clue
12:22
estimator
14,16,20
8:1,7
7:12
5
bail
11:8
—
D
EXAMINATION
8:2
code
4:9 13:21
521
banging
10:24
day
examined
5:5
11:20,21
competent
10:23
4:7
12:17
14:16
11:8,16,
excused
9
bangs
concerns
18,24
15:1
12:24
9:3
DEBORAH
extent
9th
base
concluded
4:2
6:10
5:5
6:9 9:13,
15:2
defendants
16,24
_
constructin
4:14
A
Beach
g
deposition
F
5:5
9:4
4:2,16
fabulous
accommodate
black
contract
14:13
14:17
9:1
12:8
6:14,15,
15:2
16 7:6,9,
fact
address
boss
describe
13,15,18
14:8
5:4
8:15,18
6.3
affirmed
Boynton
contractor
deteriorate
filed
9.2
4:15
4:7
5:5
9:14
conversatio
finish
afternoon
break
DIRECT
ns
7;17,20
4:13
13:17
4:9
6:23
flat
agreement
briefly
10:13
door
9:11
7:5
4:18
11:20,21
converting
12:14,17,
Florida
approved
9:24
24 14:9,
4:3 5:6
7:16
C
Corporation
10
front
area
5:10,14
doors
11:12,13,
11:15
call
couple
12:19
15 12:14,
9:13
ES DIRE
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SAM HARRIS
OHARE vs. TOWN OF GULF STREAM
21,24
frustrated
12:18
G
give
7:13,15,
19
Good
4:13
guess
12:16,17,
22
Gulf
8:1,3,6
10:14,17
guy
10:18,22
12:7,8,10
H
hand
10:1
hands
8:17 10:3
Hanna
13:17,22,
23 14:11
happened
8:14 9:23
happy
5:2
Harris
4:6,12,13
head
4:22
heard
9:6
hired
6:12
hold
5:16
13:17
home
14:9
homes
8:6
hours
9:18
house
11:24,25
12:15
13:10,12,
25 14:1,
2,5
F,
idea
7:3
Install
5:15
installed
5:23
issues
10:16
J
job
5:24
7:14,16,
17 8:12
10:21
11:8 13:9
14:17
John
10:5
R
kind
12:6
knock
11:20
knowledge
10:7
L
Large
4:4
LAWRENCE
4:2
lawsuit
4:14
learn
9:23
learned
8:20
leave
11:5
left
11:6
12:18,25
licensed
9:2
Lives
12:1
living
13:10
14:2,4,6,
8,10
long
5:11,20
9:9,17
lot
8:7,8
13:12
loud
4:20
June 22, 2015
Index: frustrated.. permit
Notary
4:3
noticed
11:20
0
maintenance
5:15
make
14:7,15
Mark
13:23
mess
13:12,25
14:1,3
metal
6:8 8:8,
16,21,23
9:6 10:1,
11
mine
10:6
months
9:12
mop
9:11
N
needed
8:23
negotiating
7:8
neighbor's
11:24,25
nods
4:22
Northwest
5:5
O'hare
4:15 5:22
6:23 7:16
11:12
13:10,24
O'hare's
12:16
13:4,6
observed
8:25
obvious
5:13
officer
10:23
older
12:6
open
7:17
owner
7:12 10:5
P
p.m.
15:2
paperwork
6:18,20
7:19
peak
11:21
12:4,13,
25
permit
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SAM HARRIS
OHARE vs. TOWN OF GULF STREAM
10:21 7:22,24
11:1,3,13 4
repairs
12:11 5:15
person question
rephrase
14:16 4:20 5:1 5.2
plans
6:6
police
10:23
position
5:16
pound
9:13
pour
9:13
pretty
5:13
PROCEEDINGS
4:1
project
8:25
9:17,23
10:14,17,
25 11:7,
12
projects
8:4
properly
14:15
property
9:21
11:15
13:5,6
Public
4:3
put
6:6,9
8:15
9:12,16,
18
13:24
questions
4:19
10:21
13:16
14:12
quick
13:24
raise
9:3
re -roof
11:25
re -roofing
13:9
reach
7:18
read
6:15
14:13,15,
18,19,20
received
7:1
recess
13:20
recommend
9:2
record
4:11
referred
12:10
remember
5:25
reporter
4:3,21
14:13
represent
4:14
13:23
residence
12:16
results
10:10
roof
5:10,11,
13,16,23
6:4,13
7:6,22
8:16 9:1,
4,11
10:1,5,11
11:9,19
roofs
5:15 8:9
rules
4:18
F
sam
4:6,12
scope
6:3
search
10:10
series
4:19
sheet
June 22, 2015
Index: person -thing
6:9 9:13,
6:5 8:12
16,24
9:7,9
show
Stream
11:3
8:1,3,6
showed
10:17
7:1
street
11:9,19
sign
12:1,16
7:13
structure
signs
9:1
7:16
subpoena
sir
14:12,24
7:1
site
sun
9:14
11:7
sitting
supervise
4:21
7:14
situation
supervisor
10:6
5:19,20
specific
supposed
6'7
5:16
spoke
sworn
4:7
9:14
Start
7:17
T
state
4:3,11
tag
9:13
statement
talking
14:7
11:11
Steam
Tech
10:14
5:10,11,
Stearns
13,16
4:10,14
10:5
13:15,19
14:12,22,
tent
24
9:13
testified
stop
6:8 8:14
4:8
9:6
thing
stopped
14:18
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
SAM HARRIS
OHARE vs. TOWN OF GULF STREAM
thousand
10:21
tile
6:7,13
7:6,22,24
8:1,2,16
9:1
time
10:24
13:2
14:21
times
9:11
told
8:15,18
tore
6:4 11:24
torn
9:10
totally
14:17
town
10:14,16
trust
14:16
type
7:24
14:14
typing
4:21
U
uh-huh
4:22
understand
5:1
unh-unhs
4:23
N
verbally
4:20
viable
9:4
W
waiting
9:25
waive
14:18,22
watertight
6:9
White
8:2 12:8,
9
window
11:22
12:5,13,
14
windows
12:15,21,
25
work
5:9 6:3
7:11
13:12
worked
5:11 8:6
working
10:17
worry
10:2
yard
P
11:12
year
5:25 6:1
12:2
years
5:12
ESQUIRE
June 22, 2015
Index: thousand -years
Esquire o��ions.com)