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Home My Public Portal AboutPRR 16-2141RECORDS REQUEST (the "Request") Date of Request: 3/23/16 Requestor's Request ID#: 1204 REQUESTEE: Custodian of Records Sweetapnle. Broeker & Varkas: Custodian of Records Jones, Foster. Johnston & Stubbs: Custodian of Records Town of Gulf Stream Custodian of Records Richman Greer, P.A. Custodian of Records Cole Scott & Kissane (Palm Beach Lakes) Custodian of Records Cole Scott & Kissane. (Lakeview Avenue) Custodian of Records Johnson Anselmo Murdoch Burke Piper & Hochman. P.A. REQUESTOR: Martin E. O'Boyle REQUESTOR'S CONTACT INFORMATION: E -Mail: records@commerce-group.com Fax: 954-360-0807 or Contact Records Custodian at records@commerce-group.com: Phone: 954-360-7713; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: Provide a copy of all records, including, without limitation, all communications, attachments to such communications and documents which were sent by Attorney David Sufrin to any of the Reouestees and which were received by Attorney David Sufhn from any of the Requestees for the period beLrinning January 1, 2013 through today. ADDITIONAL INFORMATION REGARDING REQUEST: THIS REQUEST IS MADE PURSUANT TO ARTICLE 1, SECTION 24 OF THE FLORIDA CONSTITUTION AND CHAPTER 119, FLORIDA STATUTES IF THE PUBLIC RECORDS BEING SOUGHT ARE MAINTAINED BY YOUR AGENCY IN AN ELECTRONIC FORMAT PLEASE PRODUCE THE RECORDS IN THE ORIGINAL ELECTRONIC FORMAT IN WHICH THEY WERE CREATED OR RECEIVED. SEE 619.010)(F). FLORIDA STATUTES. IF NOT AVAILABLE IN ELECTRONIC FORM, IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED ON 11 X 17 PAPER NOTE: IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(41(a) (2) ALSO PLEASE TAKE NOTE OF 6I19,07(I)(H) OF THE FLORIDA STATUTES, WHICH PROVIDES THAT "IF A CIVIL ACTION IS INSTITUTED WITHIN THE 30 -DAY PERIOD TO ENFORCE THE PROVISIONS OF T1115 SECTION WITH RESPECT TO THE REQUESTED RECORD,THE CUSTODIAN OF PUBLIC RECORDS MAY NOT DISPOSE OF THE RECORD EXCEPT BY ORDER OF A COURT OF COMPETENT JURISDICTION AFTER NOTICE TO ALL AFFECTED PARTIES." ALL ELECTRONIC COPIES ARE REQUESTED TO BE SENT BY E-MAIL DELIVERY. PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS REQUEST IN ADVANCE. It will be required that the Requestor approve or any costs, asserted by the Agency (as defined in Florida Statute, Chapter 119.01 (Definitions)), in advance of any costs Imposed to the Requestor by the Agency. "BY FULFILLING THIS RECORDS REQUEST, THE AGENCY ACKNOWLEDGES THAT THE RESPONSIVE DOCUMENTS ARE "PUBLIC RECORDS" AS DEFINED IN CHAPTER 119, FLORIDA STATUTES". UP/NP/FLRR 07.28.2015 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail March 28, 2016 Martin E. O'Boyle [mail to: records@commerce-group.com] Re: GS #2140 (1202), # 2141 (1204) Provide all records wherein the requestee has authorized and/or agreed to have Steven Horn represent Peterlsen in connection with a matter pending in Federal Courtfor the Southern District of Florida captioned as Martin E. O'Boyle, Plaintiff v. Robert A Sweetapple, et al., Defendant, Civil Action No. 9:14-CV-61250-KAM. The term "Town of Gulf Stream " shall mean each of the following: the Town of Gulf Stream, its Commissioners, its Manager, its employees, its Police Department, its Police Officers and its Counsel (including, without limitation, the following law firms) Sweetapple, Broeker & Varkus; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (including, without limitation, the attorneys, employees and partners of each such law firm) Provide a copy of all records, including, without limitation, all communications, attachments to such communications and documents which were sent by Attorney David Sufrin to any of the Requestees and which were received by Attorney David St Erin from any of the requestees for the period beginning January 1, 2013 through today. Dear Martin E. O'Boyle [mail to: recordsCaZcommerce-crouo.coml, The Town of Gulf Stream has received your public records requests dated March 23, 2016. The original public record request can be found at the following links: hn://www2.gulf- stream.ore/weblink/O/doc/85566/Pagel.asnx and htty://www2.gulf- stream.ore/weblink/0/doc/85568/Pagel.awx. Please refer to the referenced number above with any future correspondence. Please be advised that 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 ZUCKER STEINBERG & WIXTED, PA .477DR1VErs.ITL 4 BV JcfTM C. zucbeA A PRorESSIONALCORPORATION Wcb Silc: www.lnwmj cum Saul J. Sleinb0z-+ Dunn& R'Ldd+ 4 15 FEDERAL STREET CASIDEN. NEW JERSEY GS 103 Dnid W. Suf n (8561365-US3 Derek A. DeCosmo+ (956) 338.0217 (FAR) EIAL50 MEMBER OF FLORIDA BAR ♦ ALSO MEMBER OF PENNSYLVANIA BAR -CERTIFIED CRIMINAL TRIAL ATTORNEY . LLM IN TAXATION December 17, 2014 Hon. Christopher J. Gibson, J.S.C. Cape May County Courthouse 9 North Main Street Cape May Court House, NJ 08210 Via Facsimile Only (609) 463-6445 RE: O'Bovle vs. The BDrouEh of Lon port. et al Docket No.: ATL -L-3692-10 O'Boyle vs. Joseph DiLorenzo, et al Docket No.: ATL -L-1985-09 Dear Judge Gibson: This office represents 85 year old twin brothers Frank and Anthony "Tony" DiLorenzo. This letter is respectfully submitted in lieu of a more formal submission to notify the Court that we join in Mr. Merenich's pending Motions, especially the one which seeks production of the plaintiffs psychological and/or psychiatric (mental health) records. The records are relevant, especially to the defense of plaintiffs claims against each of Frank and Tony DiLorenzo. We respectfully ask Your Honor order the production and/or release of that material. Plaintiff has repeatedly argued that his mental health records are irrelevant because he previously abandoned damage claims for his emotional distress and personal injuries for the intentional tort he alleged against Frank and Tony DiLorenzo. Plaintiff alleged in his lawsuit that Frank and Tony DiLorenzo drove their cars too closely to him while he stood on a street in Longport. Plaintiff claimed that their proximity to him caused him to fear for his life and personal safety, and he claimed that Frank and/or Tony issued an implied threat toward plaintiffs family. Plaintiff has, at various times, alleged that Frank and Tony engaged in these acts in order to cause him to fear for his safety. Frank and Tony each respectively deny these allegations - allegations which were the subject of criminal charges filed by plaintiff and dismissed by the trial court - dismissals later affirmed by the Law Division and the Appellate Division. The records related to plaintiffs mental health are precisely relevant to the defense of his claims, since they relate directly to the credibility of the claims, to wit: whether the incident even occurred. The records relate to plaintiffs perceptions of events as he clahns trey occurred, and to the legitimacy of his claim that he feared for his safety - a fear which he claimed caused him to make expenditures for armed security. Page two December 17, 3014 letter to Hon. Christopher Gibson, I.S.C. Re: O'Boyle v. DiLorenzo et als. Plaintiff claimed these expenditures were reasonable and possibly part of his economic damage claims (he also claimed his legal fees were part of his damages). We must therefore have the right to explore evidence which could reasonably rebut the plaintiffs credibility vis-a-vis his perception of events as they occurred. Plaintiffs psychological and psychiatric diagnoses, we argue, may demonstrate the non -reliability of his allegations, and a particular paranoia which has so far characterized his behavior. This is not a fishing expedition — the issue is most certainly at play here - especially considering the letters from Dr. Gary Glass, M.D., which plaintiffs own lawyers filed with the court to explain his inability to attend court in the municipal case which was the genesis, we argue, for all of this litigation. Mental conditions which were diagnosed close in time to the date when plaintiff claims Frank and Tony DiLorenzo tried to run him down with their cars. According to Dr. Glass, Mr. O'Boyle was then "clearly not mentally or emotionally capable of representing himself appropriately." Dr. Glass further noted that he had Mr. O'Boyle on "high doses of medications that impact on the clarity of his thinking and his abilirn to process infornwtion as he normally does." Those letters are attached for Your Honor's review. I am unable to appear on Friday as the result of a scheduling conflict on a Camden County matter, so 1 will respectfully rely on Mr. Merenich's and Mr. Horn's arguments, as well as upon this submission, all in support of Mr. Merenich's application to obtain plaintiffs mental health records. These are materials which are both relevant and material to the matters in dispute, and which certainly bear on the credibility and accuracy of the plaipti s perceptions�t Mite incidents he alleged against Frank and Tony DiLorenzo. / \ DWS/vm Enclosures cc: YooNieh Anh Louis Moffa, Esq Colleen Ready, Esq Robert Merenich, Esq Richard King, Esq 0 ZUCKER DAVID W Via Facsimile Only 609-348-3774 Via Facsimile Only 856-488-7730 Via Facsimile Only 856-727-6010 Via Facsimile Only 609-927-3378 Via Facsimile Only 609-653-8887 P.A. oLtlul.l0. 200& 2:31FM Gary Michael Glass, M.D. Suite A, 3137 tae Road, IIgg Harhor 7nunuhip, Iv 08234 Phono (clog) 64&3272 pax (609) 646312y gtngmO117(a)yahoosom Louis AL Barbonc, Esq. 1125 Paciiio Avenue Atlantic City, New Jersey 08401 July la, 2004 RP}, M[ARVN O'BOYLHI Dear Mr, Barbone; No, 0505 P, 2 Ggnera! & Forensic Payehtertry KtUWVE�p JUL: 18 2008 h1ARGATE MUNICIPAL COURT As you know I have been. involved In the ongoing evaluation and treafinent of your cfiant Mr. Martin O'BoyIo of Longport, New Jersey. 1 have been seeing him weekly with the exception of holiday breaks. In our most recent meetings W. O'Boyle was clearly overWhehned with -- =%iet,y and stress. while coherent, his speech was pressured and his thought prooessm displayed persistent perseveratlon. He did vat module to his speech adequately and was not abI6 to licten attentively or - to incorporate outeido thoughts or ecminenta into his thought process. Ria level of stress has also hnpactod on hlo physical medical btate in that I have had to maks adjustments to his blood pressure medicine as well. I bad hoped that our work together including both psychotherapy and medication would resolve his difficulties and discomfort but this has not been the case thus far. It is 1py understanding that Mr, O'$oyle is scheduled for a Court appearance on Monday, July 21, 2008. He is clearly not mentally or emotionally capable ofrepzmenting himself appropriately at this time. In order to control his emotions I bevo hul to use higli dsaos of medications that impact on the clarity of his thinldng and his ability to prooeaa information as he normally does. Advisedly I have made this decision In ordtr to control his an7diety and stress and to protect him from any potential harm from elevated blood pressure or other physical sequoilae to stress, I have insq;aoted Mr. OBoyle that he should not present himself to Court nest week and by virtue of this Letter I am informing you eimilgrly that Mr. O'Boyle Cannot participate in a legal proceeding at this time, sateilhe OfncG Woyne, Peantyivania ai(Jul.18, 200& 2:32P1d he. 0505 P. l,ouIa Barbone, Esq. M-. Martin O13oyle 'iuly i8, 2008 Pagd TWO I am hopeful that with additional treatment, both therapy and in the near on future nand I ImI Keep you posted asresolve to his progress.his issues If you have any fiarth er questions please feel free to contact mo. glass, M.D. It 002 � Gaily Michael Glass, M.D. Suite A. 3137 Flre Road, Bgg HarbuTownship, N] 08294 Phune (609) 646.3272 Fax (609) 646.3129 General & Fvrenslc Psycltlat� gmgmd3I37@yahoo.wm Louis M. Barbone, Esq. 1125 Pacific Avcnuc Atlantic City, New Jersey 08401 July 11, 2008 RE, MA.RT114 O'HOYLE Dear Mt. Barbone; As you know I have been bzvolved in the ongoing evaluation and treatment of your client Mr. Martin 0130yle of I.ongport, PTew Jersey. I have been eceing hl why with the exception of Holiday breaks. In our most recent meetings Mr. O'Boyle was clearly overwhelmingly atzxious and stressed. I had hoped that our work together including both Psychotherapy and medication would resolve his disoomfort but the ongoing issues that surround his struggles with the Township have had EL major impact an his emotional state. I understand that Mr. OBoyIe is scheduled for a court appeasancc on Monday, July 14, 2008. Although I had hoped otherwise I do not believe that he is emotionally capable of managing that appearance at this time. I have therefore recommended to hia3 and by virtue of tizis letter, to you as well, that I do not believe that he can present himself to the Court on Monday, July 14, 2008. I am hopeful that with additional treatment both therapy and medication adjustments he will be able to resolve some of his issues in the near future and I will keep you posted regarding our progress. If you have Ely !further questions feel free to contact me_ t y, Glass, M.D. Satellia; Office; Wayne, Pennsylvania TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail April 19, 2016 Martin E. O'Boyle [mail to: records@commerce-group.com] Re: GS # 2141 (1204) Provide a copy of all records, inchiding, without limitation, all communications, attachments to such communications and documents which were sent by Attorney David Stfrin to any of the Requestees and which were received by Attorney David Si frin from any of the requestees for the period beginning January 1, 2013 through today. Dear Martin E. O'Boyle [mail to: records(a)commerce-eroup.coml, The Town of Gulf Stream has received your original record request dated March 23, 2016. Your original public records request can be found at the following link: http://www2.culf- stream.org/weblink/O/doe/85568/Pa eg l.aWx. Please refer to the referenced number above with any future correspondence. Please allow this response to be responsive for all those parties involved. You will find the only responsive document at the same above link. We consider this closed. Respectfully, Town Clerk, Custodian of the Records