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HomeMy Public PortalAboutPRR 16-2165RECORDS REQUEST (the "Request") Date of Request: 04/25/2016 Requestor's Request ID#: 1219 REQUESTEE: Custodian of Records Sweetapple. 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 recordsna commerce-groumcom: Phone: 954-360-7713; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: Please provide a copy of the transcript (including all exhibits) resulting from the hearing of June 16, 2015 and relating to the litigation styled: CG Acquisition Company. Inc. vs. Town of Gulf Stream (Case No. 502014CA007123XXXXMB). To the extent that the documents requested are not in the possession of any of the Requestees. please amend this Request on a daily basis until such time as the requested documents are available. 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 6119.01(2)(F). FLORIDA STATUTES. IF NOT AVAILABLE IN ELECTRONIC FORM, IT IS REQUESTED THAT THIS RECORDS REOUEST BE FULFILLED ON Il X 17 PAPER, NOTE: IN ALL CASE (UNLESS IMPOSSIBLE) THE COPIES SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4) (a) (2) ALSO PLEASE TAKE NOTE OF 4119.07(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 THIS 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 REOUESTED TO BE SENT BY E-MAIL DELIVERY. PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS REQUEST IN ADVANCE. It will be required that the Requester approve of any costs, asserted by the Agency (as deRned In Florida Statute, Chapter 119.01 (Detinitlons)), In advance of any casts imposed to the Requester 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". 1/P/NP/FLRR - 07.28.20 15 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail April 27, 2016 Martin E. O'Boyle [mail to: records@commerce-group.com] Re: GS #2161 (1216), #2164 (1212), #2165 (1219), #2166 (1218), #2167 (1220) Provide a copy of all videos taken (or caused to be taken) of Joel Chandler on July 23, 2014 by the Town of Gulf Stream (including, without limitation, any attorney's respresenting the Town of Gulf Stream). Please provide a copy of the transcript (including all exhibits) resulting from the depositon of William Thrasher of January 30, 2015 and relating to the litigation styled: Martin O'Boyle vs Town of Gut(Stream (Case No. 9:14 -CV -81248). To the extent that the documents requested are not in the possession ofany ofthe requestees, please amend this request on a daily basis until such time as the requested documents are available. Please provide a copy of the transcript (including the exhibits) resulting from the hearing of June 16, 2015 and relating to the litgation styled: CGAcquistion Company, Inc. vs Town of Gulf Stream (Case No. 502014CA007123AUM1B). To the extent that the documents requested are not in the possession of any of the requestees, please amend this request on a daily basis until such time as the requested documents are available. Please provide a copy of the transcript (including the exhibits) resulting from the hearing of February 3, 2015 and relating to the litgation styled: Martin O'Boyle vs Town of Gulf Stream (Case No. 502014CA005189XX�L'1i IB). To the extent that the documents requested are not in the possession ofany of the requestees, please amend this request on a daily basis until such time as the requested documents are available. Please provide a copy ofthe transcript (including the exhibits) resuultingfrom the hearing ofMarch 31, 2015 and relating to the litgation styled: Citizens Awareness Fouunation, Inc. vs Town of Gulf Stream (Case No. 502014CA005771,UCC31B). To the extent that the documents requested are not in the possession ofany ofthe requestees, please amend this request on a daily basis untilsuch time as the requested documents are available. Dear Martin E. O'Boyle [mail to: records@.commerce-u>_roun.coml, The Town of Gulf Stream has received your public records requests dated April 25, 2016. The original public record request can be found at the following links hU://www2.eulf- stream.org/weblink/O/doc/89889/Pagel.asnx, htty://www2.uuulf- stream.ore/weblink/O/doc/89971/Pagel.asp , htta://www2.gulf- stream.org/weblink/0/doc/89972/Pagel.asox, hgp://www2.gulf- stream.org/weblink/0/doc/89973/Pagel.asPx, and httn://www2.gulf- stream.org/weblink/0/doc/89974/Pagel.aVxx. 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 PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 2014-CA007123AA CG ACQUISITION COMPANY, INC., Plaintiff, VS. THE TOWN OF GULFSTREAM, Defendant. X PROCEEDINGS BEFORE THE HONORABLE PETER D. BLANC June 16, 2015 2:30 p.m. - 3:10 pm. 205 N. Dixie Highway West Palm Beach, FL 33401 Jennifer DiLorenzo, court reporter June 16, 2015 1 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com PROCEEDINGS June 16, 2015 CG ACQUISITION vs. TOWN OF GULFSTREAM 2 1 APPEARANCES OF COUNSEL 2 3 On behalf of the Plaintiff: 4 JONATHAN O'BOYLE, P.C. BY: NICKALAUS TAYLOR, ESQ. 5 and GIOVANI MESA, ESQ. 1286 N. Newport Center Drive 6 Deerfield Beach, FL 33442 954-834-2209 7 ntaylor@oboylelawfirm.com 8 On behalf of the Defendant: 9 JONES, FOSTER, JOHNSTON & STUBBS, P.A. 10 BY: JOANNE O'CONNOR, ATTORNEY-AT-LAW 505 S. Flagler Drive 11 Suite 1100 West Palm Beach, FL 33401 12 561-659-3000 joconnor@jonesfoster.com 13 14 15 16 17 18 19 20 21 22 23 24 25 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 3 1 Proceedings in the Matter of CG ACQUISITION COMPANY, 2 INC. vs. THE TOWN OF GULFSTREAM. 3 June 16, 2015 V 5 THE COURT: We are here on CG Acquisition 6 Company vs. The Town of Gulfstream, Plaintiff's 7 Motion for Protective Order. I received the 8 Plaintiff's motion and attached documents, I 9 received the Defendant's response with attached 10 case law. 11 I'll start with appearances of counsel, 12 please, first for the Plaintiff. 13 MR. TAYLOR: Yes, Your Honor. Nick Taylor 14 appearing for CG Acquisition. 15 THE COURT: Thank you. 16 MS. O'CONNOR: Joanne O'Connor for The 17 Town of Gulfstream. 18 THE COURT: Thank you. 19 Mr. Taylor, I have read your motion and 20 your attachments and your supporting authority 21 that I think came separately. What else do you 22 want to tell me about your motion? 23 MR. TAYLOR: Yes, Your Honor. What we 24 have here is essentially a simple public records 25 request case. We have filed a motion for ESQUIRE 800.211.DEPO (3376) 11 1EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 4 protective order because the Defendant seeks to depose the corporate representative of CG Acquisition. The reason we filed this motion for protective order is really simple, it's a simple public records case. Prior, Your Honor, I was here on a motion for protective order I believe back in September; similar cases, similar circumstances for the same protective order. You did actually deny that protective order and opposing counsel is likely going to try to draw comparison with the protective order that my client filed today. The situations could not be anymore different, and they're different because of this: The deposition that was taken as a result of that order happened September 15, 2014, that deposition lasted eight hours, eight whole hours of the deposition of Martin O'Boyle. Out of that eight hours there was no more than 15 minutes of that deposition that actually pertained to the facts of the public records request, the rest of it was simply a fishing expedition looking for anything possible to prolong the deposition and, quite frankly, harass my client. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 2 3 4 5 6 7 8 M 13 17 18 19 20 21 22 23 24 25 PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 5 In this case we have a different scenario. In this case it is a corporate representative and they're seeking to depose the actual corporate representative of the client. Case law is clear -- THE COURT: Who is the corporate representative? MR. TAYLOR: One has not been designated as of yet and likely will be, and which I don't want to make an absolute assertion, but likely William Ring, who I believe is vice-president of the company, if I'm not mistaken. THE COURT: Even now I think in your responses they would be entitled to inquire into two of the main areas listed. MR. TAYLOR: Absolutely. THE COURT: Is there any reason you haven't designated the corporate representative for those areas? MR. TAYLOR: Well, the reason, Your Honor, quite frankly, is just we were actually looking for a blanket protective order based on case law that limits, extremely limits actually, the scope of depositions or the depositions at all. They're extremely -- O ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 6 THE COURT: Even now that have entitlement to deposition in those two areas? MR. TAYLOR: Yes, Your Honor. THE COURT: You haven't designated a corporate representative. MR. TAYLOR: Not as of yet. THE COURT: Okay. MR. TAYLOR: And I was going to say, Your Honor, if failing a complete blanket protective order banning all depositions and all discovery, we would at the very least request discovery limited to an hour -and -a -half and be limited only to the facts that are pertaining to the public records request in that any depositions and any discovery not get into the actual motive of the requestor. As 20 years of case law, and specifically the Gadd case, which I can provide you a copy of if you so want to, it provides that any depositions that pertains to the motivation of the requestor is irrelevant. In that specific case the actual subpoena or the notice of deposition was quashed. Would you like a copy of that case, Your Honor. THE COURT: I don't need it right now. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 7 1 Thank you. 2 If I understand the issues in this case, 3 however, one of the issues in this is whether or 4 not all documents were produced as to one 5 request, because my understanding is that the 6 Town said they didn't have certain documents and 7 you basically say you don't believe them; and, 8 as far as the other, it was was their response 9 timely; in other words, was the timing of the 10 response reasonable or was it delayed 11 unreasonably? Doesn't that open up the 12 discovery to a bit broader area so that the 13 Court could use to determine those issues? 14 MR. TAYLOR: Your Honor, looking at the 15 Complaint, I believe the issues of the Complaint 16 is -- You're correct, the second count of the 17 Complaint actually states that they replied that 18 there were no records available. My client 19 disagrees with that and believes he has proof 20 that that's not the case. 21 THE COURT: If they have proof, wouldn't 22 the Defendant be entitled to see what that proof 23 is before trial, before a hearing on that? 24 MR. TAYLOR: Yes, Your Honor, and -- 25 THE COURT: That's one of the areas they ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 8 think should remain open. MR. TAYLOR: Absolutely, Your Honor, and the first -- THE COURT: What about they've suggested in their response that there were hundreds of public records requests made within a very short period of time by what's in effect is the same entity or similar entities or similar identities, both individual and corporate, and that affects what would be reasonable in terms of the timing of their response? MR. TAYLOR: Yes, and -- THE COURT: Wouldn't they be entitled to some discovery on that as well? MR. TAYLOR: Well, not in this case, Your Honor, because if you look at the first count that we amended, the first count the Defendant essentially says they didn't produce the documentation because the $1.54 copying fee was not paid. There's really no allegation that The Town of Gulfstream didn't respond in time or that they didn't do something correctly. The allegation here is that they didn't produce the records because the $1.54 was not paid. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 9 1 THE COURT: So I think Ms. O'Connor in her 2 pleadings suggested if you're willing to 3 stipulate that you're waiving any argument that 4 the response was untimely, that maybe some of 5 this discovery wouldn't be necessary; are you 6 telling me you're agreeing to her stipulation? 7 MR. TAYLOR: As to the $1.54 or -- 8 THE COURT: As to the claim that their 9 response was untimely. 10 MR. TAYLOR: Yes, absolutely, Your Honor, 11 there's been -- The timeliness is not the issue. 12 The issue here is -- Well, I guess timeliness is 13 the issue if it's true that they have not 14 produced the documents at all because, I mean, 15 if they haven't produced it to now obviously 16 it's not in a timely manner, but their response 17 in saying that there were no documents available 18 or no documents existed, there's been no 19 allegation that that response from Gulf Stream 20 to the Plaintiff was not timely, so -- 21 THE COURT: Well, there are two issues, as 22 I understand it; one is they say they don't have 23 any so they can't produce any, you challenge 24 that and said you don't believe them; the other 25 is the timeliness of the response. ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 10 1 I asked you if you received discovery of 2 information relating to other pending claims at 3 the time or within a short time frame within the 4 time of this claim as well as a number of public 5 records requests made; wouldn't all that be 6 discoverable in terms of their raising their 7 defense and your ability to challenge that 8 defense. 9 MR. TAYLOR: But the defense that they 10 would be raising would not be valid in this case 11 because, again, my client is not questioning the 12 timeliness of the response. We're saying that, 13 "You have documentation and you haven't provided 14 it," so whether they received -- 15 THE COURT: You're talking about No. 2 and 16 I'm talking about No. 1. 17 MR. TAYLOR: Okay. 18 MS. O'CONNOR: There's two counts. 19 MR. TAYLOR: Yes, I'm aware of that. No. 20 1, the first count is essentially saying that 21 they -- 22 THE COURT: They didn't respond timely. 23 They say, "Oh, we responded. We told them we 24 got it and we sent them a bill, an estimate of 25 the cost, and they never responded," I don't ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 11 1 know whether you challenge that or not. If you 2 say, "We never received that," in effect it 3 seems to me you're saying, "They were untimely 4 in the response and on that basis that is just 5 like not giving us anything and so we should get 6 our fees." 7 MR. TAYLOR: Well, as it pertains to the 8 first count? 9 THE COURT: Yes. 10 MS. O'CONNOR: If I may, Judge. 11 THE COURT: Yes. 12 MS. O'CONNOR: I think the confusion Mr. 13 Taylor may have is that if you're looking at 14 your Amended Complaint, when they originally 15 filed the Complaint the Town's response had not 16 come out yet because they filed the Complaint we 17 submit prematurely, I mean, immediately. 18 Then they amended the Complaint after we 19 had actually responded and still pled it as an 20 unlawful refusal to provide any documents on 21 Count I when, in fact, we had responded, given 22 them an estimate, said, "We have 300 pages of 23 documents," this was back in June 2014. 24 THE COURT: Am I correct that your 25 response came about four weeks after the ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 12 request? MS. O'CONNOR: Correct. THE COURT: So I'm assuming that there's an issue whether the response four weeks later is or is not timely, reasonable under the MS. O'CONNOR: We submit so. THE COURT: I assume you believe it is and I'm assuming it was just a factual dispute whether they sent you this estimate or didn't send you this estimate, and you're not saying, "Well, the estimate was too late even if they did send it," then maybe a lot of this stuff isn't an issue because it's just a question of fact did they send you the estimate or did they not? If you're saying, "Well, they waited four weeks and there's no reasonable basis under the statute to wait four weeks," then that seems to me the Court needs to consider what else was going on at the time. MR. TAYLOR: Your Honor, I think the issue now in the Amended Complaint is actually the $1.54, because we're stipulating that, you know, they did actually let - we're stipulating that ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 13 17 18 19 20 21 22 23 24 25 PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 13 there was no issue regarding the timeliness with this Amended Complaint. What we're saying is with the $1.54 that I guess Defendant is saying that they actually produced the documentation and they produced the letter stating that there was a $1.54 copying charge, we do not have that, that was not in the Amended Complaint. To be honest, I don't know if it was sent. Again, I, as counsel, have not seen it. Now, if they did produce the documentation and the amount has not been paid, that would be something completely different. I think that we would be able to take care of the first count as it is. If the actual $1.54 charge was not sent, that will be an issue of fact, but at the same time it would not have anything to do with whether there was a timely response or not, it would just be a question of fact as to whether the notice of the $1.54 charge was sent or it wasn't. THE COURT: All right. I don't know where it was that I saw it in your response, somewhere you very cleverly stated the stipulations you ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 14 1 thought would eliminate some of the discovery 2 request that you're making; can you pull that up 3 and read it into the record? 4 MS. O'CONNOR: Yes, Your Honor. Your 5 Honor, I don't see it here, but as to Count I we 6 would expect in order to avoid any discovery on 7 Count I, we would need a stipulation that the 8 Town's June 25, 2014 response to the first 9 public records request was timely provided. 10 In that request we provided an estimate, 11 advised Plaintiff - I don't know how much it was 12 for, I don't have our answer in front of me, but 13 we advised that we possessed 330 pages of 14 responsive records, so we need them to stipulate 15 that the Town did, in fact, respond to the first 16 request and did so timely. 17 As to Count II, in order to avoid -- 18 THE COURT: Well, before you go to Count 19 II -- 20 MS. O'CONNOR: Sure. 21 THE COURT: -- can you tell me what page 22 you're reading from? 23 MS. O'CONNOR: Sure, page 4, paragraph 9, 24 and I do have the correspondence attached as 25 Exhibit B to my opposition. ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com 2 3 4 5 6 7 8 PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 15 THE COURT: Well, I can understand Mr. Taylor doesn't want to stipulate that you sent this and they received this notice of the cost, but it seems to me the stipulation would really have to say not that they are conceding they received it, but they are conceding that aside from that issue of whether it was sent or received, they're waiving any other argument that the response was unreasonable in its timing; isn't that what you would have to have to get you out of this discovery so you know these other issues aren't really on the table 13 1 anymore? 17 18 19 20 21 22 23 24 25 MR. O'CONNOR: Correct. THE COURT: So if we're clear on Count I, if what you're telling me is that the only issue as to the reasonableness of their response is whether they did or did not send this cost estimate to you on the date they allege they did it, then all this other stuff about the number of cases pending, the number of claims pending and all that may not have any relevance for purposes of discovery. MR. TAYLOR: That is correct, Your Honor, if they did send that estimate. The only thing ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 16 1 would be if they sent the estimate and the $1.54 2 was paid and then that was some months ago and 3 here it is June 16th -- 4 THE COURT: Understood. 5 MR. TAYLOR: But to answer your question, 6 yes, Your Honor, if it was sent from The Town 7 and my client received it in a timely manner, 8 yeah, absolutely. 9 MS. O'CONNOR: Well, I think that 10 presupposes -- If he says his client received it 11 in a timely manner, that presupposes - I mean, 12 that creates a fact issue as to whether it was 13 timely. 14 MR. TAYLOR: Well, I'm -- 15 THE COURT: Well, I'm not saying this 16 precludes all discovery. I'm still not clear on 17 what you're telling me, Mr. Taylor. Are you 18 agreeing the issue on the first request for the 19 public records that -- 20 MS. O'CONNOR: And here's the response, by 21 the way. I don't know where the $1.54 comes 22 from or it's an estimate. 23 THE COURT: -- that you're willing to 24 agree that the only claim you're pursuing 25 against The Town for noncompliance is based upon ESQUIRE 1�110 800.211.DEPO (33 76) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 17 the factual dispute as to whether The Town did or did not produce to you timely this -- Let me see if I can -- MR. TAYLOR: Your Honor, I believe when I said, "$1.54," I believe that might be the page amount because this I'm showing that the billing is for two hours of administrative support for $39.23. Again, I've never seen this until just now. THE COURT: I'm looking at paragraph 9 of The Town's response, it says: On June 25, 2014 in response to the first request, The Town advised Plaintiff that it was prepared to produce responsive records to Plaintiff upon payment by a deposit permitted under the Public Records Act for the significant time and expenses associated with gathering those documents and the actual cost of duplication. Now, am I correct that you've challenge that, that allegation, that they gave you that response on June 25th? MR. TAYLOR: Your Honor, I do not know if that -- THE COURT: You don't know whether you're challenging that? C)ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 18 MR. TAYLOR: No, I don't know if the response was received on the 25th as of right now. THE COURT: It says The Town advised you on June 25th. Is that fact in dispute as to the accuracy of that allegation, that they provided you with a cost estimate on June 25th? MR. TAYLOR: Yes, that is in dispute as of right now. THE COURT: Knowing that that is in dispute, whether it was produced, whether it gave you the cost estimate, whether you received it on or about that time, do you have any other claims for noncompliance with the statute as to Count I other than that specific issue? In other words, Ms. O'Connor has raised on behalf of The Town that the Court has to consider all of the circumstances in determining whether their response was reasonable and timely, and so for that reason they want me to open discovery regarding the other claims that were pending; how many had been made in the past few months; how many had been made that week, that day, that sort of thing. Are you telling me that you are not going ()ESQUIRE 800.211.DEPO (3376) EsquireSol utions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 19 1 to make an argument or that you're specifically 2 waiving any argument that based upon the 3 totality of the circumstances, their response 4 was deficient because of the timeliness or lack 5 of timeliness of it? 6 MR. TAYLOR: Yes, Your Honor, the argument 7 is not - we're not seeking to argue that their 8 response was not timely, that's why we believe 9 that any depositions that are taken or any 10 questions that are asked regarding how many 11 requests they received that week, whether it's 12 400 or 800 would be completely irrelevant. 13 THE COURT: So the basis then for your 14 claim that their response was not in compliance 15 with the statute is what specifically as to 16 Count I or Request I? 17 MR. TAYLOR: I guess, Your Honor, at this 18 point it would just be a simple matter of the 19 fees and whether the fees are actually adequate, 20 whether they're legally charged. 21 Again, I'm showing that there was a $1.54 22 amount and then I'm seeing this paper today 23 that's $39 and I believe 23 cents, so 24 essentially we're not challenging the actual 25 timeliness of the response of the letter that ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 20 was sent from Gulf Stream, that would be the only challenge, but, again, there is no challenge to timeliness in the first count. THE COURT: So you're only challenging as to amount of the cost estimate that they gave to you is being unreasonable. MR. TAYLOR: Yeah. Oh, yeah. THE COURT: And that's the only issue. MR. TAYLOR: That's the only issue. THE COURT: Okay. With that stipulation, Ms. O'Connor, do you agree that limits your need for discovery? MS. O'CONNOR: Yes, Your Honor, to some extent. We also have Count III for injunctive relief in this case, and there's an allegation there that claims that The Town's actions with respect to providing records to the public demonstrates a pattern of noncompliance with the Public Records Act and a likelihood of future harm in the form of denial of access to public records to this Plaintiff and the public at large. I can tell you my concern. My concern is I'm trying to move these cases towards dispositive motion practice. I don't want to ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 21 1 come in with an affidavit from The Town 2 outlining what was going on at The Town at the 3 time we received these public records requests; 4 i.e., we received 400 this month, we received 5 100 the week before, and have them try to refute 6 that evidence just prior to a summary judgment 7 hearing. 8 So, you know, I think I'm entitled to know 9 on what actions are they complaining about in 10 Count III. I don't want to go into -- And I can 11 represent to the Court that, and I think I've 12 told Mr. Taylor, I mean, the depositions -- And 13 I've tried to tee up depositions in a number of 14 cases and they've been met with motions for 15 protective order in every single one in which 16 we've tried to tee up a motion and trying to tee 17 up depositions. 18 I specifically picked the corporate 19 representative of the Plaintiff thinking that 20 would be the most fair. I'm not telling them I 21 need Mr. O'Boyle or Mr. Ring. I just want them 22 to come in with the corporate representative of 23 this Plaintiff with knowledge about the 24 allegations that have been made in this 25 Complaint. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 22 1 MR. TAYLOR: Well, Your Honor, that's 2 perfectly understandable, but based on past 3 practices not necessarily by Ms. O'Connor, but 4 The Town, other counsel with Gulf Stream, it's 5 clear that a lot of these depositions have 6 turned into fishing expeditions, marathons that 7 have either been meant to just drag out, have 8 nothing, nothing whatsoever to do with the facts 9 of the case, and just meant to drag out, they're 10 meant to harass. 11 Like I said earlier, the last deposition 12 that was on September 15th, seven to eight 13 hours, 15 minutes actually on the facts, and 14 it's not over, it never actually concluded. 15 That's what we're looking -- 16 THE COURT: Let's right now try to limit 17 it to this particular case because you attached 18 transcripts from two other cases that I assume 19 are in front of me but aren't in front of me 20 today. 21 So your claim for injunctive relief, I'm a 22 little confused why it's paired in this cause of 23 action or grouped in this cause of action, is 24 probably more appropriate, in light of the fact 25 that you're telling me now the only defect ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 23 1 you're claiming against The Town is that they 2 charged too much for copies. 3 Are you limiting your injunctive relief to 4 the same remedy, you want the Court to somehow 5 enter an injunction to say that, "Going 6 henceforward, The Town of Gulfstream can't 7 charge more or can't estimate more than X amount 8 of dollar per page," or something like that; is 9 that the limit of the injunctive relief you're 10 seeking as well? 11 MR. TAYLOR: Well, Your Honor, that isn't 12 the only thing. Again, we're alleging in Count 13 II that they have records that they just flatly 14 haven't produced. What my client is seeking is 15 an injunction based on these two actions that we 16 pled in this case. 17 THE COURT: The Count II, the 18 non -production, if I'm clear, you're not 19 claiming that has anything to do with an 20 unreasonable delay based upon the volume of 21 requests, you're saying they're not being 22 truthful with you, right? 23 MR. TAYLOR: Exactly, because they 24 produced some documentation or actually they 25 responded saying no documentation exists. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 24 1 THE COURT: So is your request for 2 injunctive relief today as part of this case 3 that's before the Court today really just based 4 upon two different grounds; one, that they have 5 to be truthful and tell you what documents they 6 actually have that are public records and 7 produce them and; two, that they can't 8 overestimate the cost of the production? 9 MR. TAYLOR: Correct, Your Honor, and the 10 injunctive relief is basically enjoining them 11 from violating Chapter 119 Florida Statutes. 12 THE COURT: Well, that's a different issue 13 because there's a lot of stuff in 119. If 14 you're telling me today you're limiting your 15 injunctive relief to those two things, then 16 again, I think that may put some limits on the 17 discovery which Ms. O'Connor's client is 18 entitled to. 19 MR. TAYLOR: Yes, Your Honor. 20 THE COURT: Now, Ms. O'Connor, we have an 21 additional stipulation, that the issues here 22 relate to the first two counts only to 23 inappropriate cost assessments, they relate to 24 lack of candor in the documents that actually 25 exist, and that the third count for injunctive ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 25 1 relief will seek relief only based on those two 2 grounds, so with that stipulation, what 3 discovery do you need? 4 MS. O'CONNOR: With that stipulation, Your 5 Honor, I'm just looking and it might be helpful 6 for us to walk through the topics of inquiry, 7 but what we need are - we would need the 8 discovery related to Count II, we would -- 9 THE COURT: Can we do this, and maybe I'm 10 looking at the wrong thing, maybe you need to 11 direct me to the actual duces tecum. 12 MS. O'CONNOR: I have a copy. 13 THE COURT: I was looking at Mr. Taylor's 14 Notice of Filing Case Law, and on page 2 he 15 tells me they agree you should get topics 3 and 16 4, and then on the next two pages they list 1 17 through 15; are those all of the topics that we 18 need to address? 19 MS. O'CONNOR: I think he maybe got 3 and 20 4 from the - there's a document request as well, 21 that's the 30(b)(6) notice. 22 THE COURT: So you're asking me to look at 23 Exhibit B -- 24 MS. O'CONNOR: Correct. 25 THE COURT: -- which has 15 different ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 26 numbered paragraphs, and this is attached to the Subpoena Duces Tecum Notice to CG Acquisition with the case number that is hopefully, yes, before the court today. All right. So do items -- MS. O'CONNOR: I mean, it might -- THE COURT: Do Mr. Taylor's indication that topics 3 and 4 -- MS. O'CONNOR: -- it might help -- THE COURT: -- relate to 3 and 4 on Exhibit B? MS. O'CONNOR: I think he meant the list on Exhibit A. THE COURT: All right. Let's take Exhibit MS. O'CONNOR: Sure. THE COURT: Does everybody have Exhibit B? MS. O'CONNOR: Yes. MR. TAYLOR: Yes. THE COURT: All right. Let's go through it, start with No. 1. Tell me what think you need and why, Ms. O'Connor, what you think you're entitled to and why. MS. O'CONNOR: Well, this goes to - I mean, if we'll have the stipulation on Counts I ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 27 1 and III, then as to Count II, the Complaint is 2 replete with allegations that Plaintiff believes 3 there are additional documents. 4 So I don't know who they're going to 5 produce as the corporate representative, so I 6 think as a background matter I need to know who 7 are the related individuals, who are the 8 officers, directors, and employees that might 9 have information that they're going to come into 10 court at a hearing or in response to a summary 11 judgment and say, "Well, that wasn't our 12 30(b)(6) representative," but maybe they put up 13 Mr. Ring who's the vice-president as their 14 corporate representative, but then Marty O'Boyle 15 submits an affidavit saying, "I think there were 16 response to records and here's why," so I think 17 item one is clear background information. 18 Item two -- 19 THE COURT: Have you asked for the 20 corporate representative pursuant to Carriage 21 Hills and the 1.130(b)(6). 22 MS. O'CONNOR: Correct, Your Honor. 23 THE COURT: So they're locked in on that. 24 If they produce Mr. Ring and Mr. Ring becomes 25 the spokesman for the corporation for those ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 28 particular issues, so it wouldn't do Mr. O'Boyle any good to come in and say, "Wait a minute, I'm supposed to be it," because they've already designated Mr. Ring. MS. O'CONNOR: Hopefully so. THE COURT: All right. Let's for now eliminate 1. No. 2? MS. O'CONNOR: I don't need No. 2, at least at this point, depending on our stipulation of Counts I and II. THE COURT: No. 3? MS. O'CONNOR: No. 3 is the foundation for most of the other topics. THE COURT: Okay. No. 4? MS. O'CONNOR: I don't need 4 and 5 if they're not challenging the timeliness of our response. THE COURT: Okay. No. 6, the purpose. MS. O'CONNOR: Sure. THE COURT: Most cases say the purpose isn't really relevant. MS. O'CONNOR: Well, if you look at Count II they assert - and Count II goes to public records request 549. All four of these requests were made on ESQUIRE 800.211.DEPO (3376) Esquire Sol utions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 29 1 the same day, May 13, 2014, and they all sought 2 to, according to Plaintiff's allegation, to 3 trace the source of funds that The Town received 4 pursuant to this certain resolution. So when I 5 said the purpose for the public records request, 6 it's going to - I intended it to go to why did 7 they believe there were documents? What were 8 they looking for? 20 9 They put at issue in the allegations of 10 the Complaint why they were looking for it, 11 what -- agreed, Mr. Taylor? 12 THE COURT: So these are the ones, 548 13 through 551, that you've said you don't have any 14 and they said, "We don't believe you." 15 MS. O'CONNOR: 549 is the one that we said 16 we have nothing. 17 THE COURT: Okay, 549. 18 MR. TAYLOR: So, Your Honor -- 19 THE COURT: So I don't know that entitles 20 you to get to the purpose, but I think you're 21 entitled to inquire why they believe you do have 22 documents related to 549 and you say you don't; 23 agreed, Mr. Taylor? 24 MR. TAYLOR: Absolutely, Your Honor. 25 THE COURT: So not the purpose, but basis ESQUIRE 800.211.DEP0 (3376) EsquireSolutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 30 1 for belief that Defendant has responsive 2 documents, and that's 549 only. 3 Okay. Go on to No. 7. 4 MS. O'CONNOR: No. 7, again, this is Count 5 II, would go to attempts they've made to gather 6 documents that were responsive to this public 7 records request, and I can limit it here again 8 to 549, which is the subject of Count II. The 9 idea being if they have documents in their 10 possession in some sort of "gotcha" fashion 11 that, you know, we should know that they think a 12 certain document was responsive but wasn't 13 turned over, that's what we're trying to get to. 14 THE COURT: So No. 7, 549 only; agree, Mr. 15 Taylor? 16 MR. TAYLOR: I don't, Your Honor. 17 THE COURT: Tell me. 18 MR. TAYLOR: It refers to a third party. 19 For case law, it doesn't matter if a third party 20 has documentation. 21 THE COURT: Well, it seems like it would 22 be discoverable there because you're saying, 23 "They told us they don't have it, we think they 24 have it," so if they get to inquire already 25 under No. 6, what's the basis for your belief? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 2 3 4 5 6 7 8 9 13 14 15 16 17 18 19 20 21 22 23 24 25 PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 31 So I'm thinking for under No. 6 they're able to say, for instance, "Did you try to gather these documents somewhere else related to 549; did you get them?" Because that's really part and parcel of - it may be part and parcel of why you think they should be producing documents pursuant to that request. So it's not opening it up for every document request, but if you, through your attempts to gather documents, you found documents responsive to 549 that they haven't produced, I think they should be entitled to that through discovery, so I'm going to give them No. 7 as relates to 549 only. Okay. No. 8? MS. O'CONNOR: No. 8 is related to No. 7. There are certain exhibits in the Amended Complaint, A, B, and C that they've attached when they walked through their allegations that they believe that other documents exist. THE COURT: Well, how does -- I don't have A, B, and C in front of me, do they relate to the request of 549? MS. O'CONNOR: Yes. They're various -- There are certain receipts. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 32 1 MR. TAYLOR: There's receipts, there's 2 blind items for budgets, things of that nature. 3 I can't possibly see how they would actually -- 4 MS. O'CONNOR: I -- 5 MR. TAYLOR: -- how that would have 6 anything to do with the public records request 7 that's the subject of this proceeding. 8 THE COURT: Why are they attached to the 9 Complaint? 10 MR. TAYLOR: They're attached to the 11 Complaint, Your Honor, basically as proof to 12 show that Gulf Stream makes a pattern of 13 whatever they spend on -- This is really about a 14 specific fund, it's for I believe a construction 15 permit, it costs a certain amount, Gulf Stream 16 charges a certain amount, but it's not meant to 17 raise revenue, it's meant to offset certain 18 costs. My client simply wants to figure out 19 where the money is going. 20 The attachment to the Complaint is 21 essentially attached to show, look, they do keep 22 this documentation, they do code it when it's 23 spent on certain things, so because they do that 24 it's very hard to believe that, especially as it 25 pertains to Count II, that they have no ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 33 documentation showing where they spend the money or transfer it to. THE COURT: So does it support your belief that in response to Count II or to Request II they have documents that they haven't produced? MR. TAYLOR: It certainly suggests that, but at the same time from what I'm gathering from the information request they want to know where the information came from. MS. O'CONNOR: Your Honor -- MR. TAYLOR: What difference does it -- MS. O'CONNOR: -- I'd be willing to revise 8 to the effect we seek information on why you believe that Exhibits A, B, and C support the existence of additional responsive documents, something to that effect, if that's acceptable. THE COURT: So A, B, and C. Eight will relate why and how Exhibits A, B, and C support your belief that they haven't produced documents under 549. No. 9? MS. O'CONNOR: No. 9 goes to Count I, and the reason for No. 9 is even after amending the Complaint they continued to allege that this was an unlawful withholding count, just trying to C)ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 34 1 think whether our stipulations -- 2 THE COURT: Is it your position you got 3 the request but didn't pay it because it was 4 unreasonable or is it your position that you 5 didn't get the request for payment or is it your 6 position that either/or? 7 MR. TAYLOR: Really either/or, Your Honor. 8 THE COURT: Okay. So if part of your 9 claim is that you didn't think you should have 10 to pay this, they may certainly maybe entitled 11 to ask why you didn't think you should pay it. 12 MR. TAYLOR: Understood. 13 THE COURT: So that will be allowed. 14 No. 10? 15 MS. O'CONNOR: No. 10 is just generally -- 16 MR. TAYLOR: Ten I don't -- 17 MS. O'CONNOR: Ten, you're okay? 18 MR. TAYLOR: I don't have a problem with 19 10. 20 THE COURT: Ten is okay. 21 MR. TAYLOR: Yes. 22 THE COURT: Eleven? 23 MS. O'CONNOR: Eleven again goes to the 24 idea that there are additional documents, what 25 did they understand the terms of the process by ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 35 1 which we collect these fees? 2 THE COURT: Sounds to me more like it goes 3 to -- Well, this 549, are those the zoning 4 review fees? 5 MS. O'CONNOR: Correct. The request was 6 for any documents that show how we used those 7 monies that came in. Our position, these are 8 commingled funds, they're not tracked as they go 9 out, they come in in a particular line item, but 10 they're not going out as any given line item, 11 1 so. 12 MR. TAYLOR: Your Honor, if I may, the 13 reason I object to that is because part of the 14 reason for asking for the records was to gain 15 knowledge. Whether the Plaintiff had knowledge 16 of the zoning review fees or not, it has nothing 17 to do with whether Gulf Stream should have to 18 produce the documentation under Chapter 119 or 19 not. 20 THE COURT: I think the relation of 21 paragraph 11 to the non -production of documents 22 claim would be covered by the other requests 23 that I've already allowed you to go into, so I 24 will disallow No. 11. 25 No. 12, again, that's the Plaintiff's ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 36 1 knowledge question, as is No. 13, and I'm not 2 sure, Ms. O'Connor, how that would need to be 3 discoverable at this point based upon the 4 stipulation by Mr. Taylor. 5 MS. O'CONNOR: I think 10 is probably an 6 umbrella to cover that. 7 THE COURT: So we'll leave 12 and 13 out 8 as encompassed as relates to 549. 9 Fourteen, litigation history including 10 public record requests, that wouldn't seem to 11 have relevance based in this case anyway based 12 upon the stipulation. 13 MS. O'CONNOR: Agreed. 14 THE COURT: And 15. 15 MS. O'CONNOR: Fifteen -- 16 THE COURT: You have a claim for 17 attorney's fees. 18 MS. O'CONNOR: Correct. 19 THE COURT: So I'm not sure what 20 relationship between Plaintiff and its counsel 21 including, but not limited to, retention of 22 counsel would have to do, but it seems to me you 23 would be entitled to a retainer fee agreement 24 that would specify the hourly rate and that sort 25 of thing. ESQUIRE 800.211.DEPO (3376) EsquireSol utions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 37 1 MR. TAYLOR: My only comment to that, Your 2 Honor, would be you would be absolutely right, 3 but our position, our client's position, is that 4 Chapter 119 allows for fees when there's a 5 determination that Chapter 119 has been 6 violated. As that has not happened as of yet, 7 it's our position the issue is moot. Now -- 8 THE COURT: Premature? 9 MR. TAYLOR: Yes. 10 THE COURT: So what you're willing to do 11 is to stipulate if the Court finds in your favor 12 that you will then produce those documents prior 13 to an attorney's fees hearing. 14 MR. TAYLOR: Or Ms. O'Connor's willing to 15 stipulate to judgment today, but I don't think 16 that's going to happen. 17 THE COURT: I don't think you're going to 18 that. 19 All right. So as far as being premature, 20 Ms. O'Connor, if the Court makes the 21 determination of entitlement to fees, you'll get 22 it well in advance of the fee hearing? 23 MS. O'CONNOR: That's fine, Your Honor. 24 We were just trying to move it along. 25 THE COURT: All right. So does that cover ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 38 1 all of the outstanding requests? 2 MS. O'CONNOR: I believe so. 3 THE COURT: Which of you would like to 4 prepare the order? 5 MS. O'CONNOR: I'll be happy to prepare 6 the order. 7 THE COURT: You'll be happy to prepare the 8 order, okay. 9 MS. O'CONNOR: Sure. Anything else on 10 this? 11 MR. TAYLOR: No. 12 MS. O'CONNOR: While we're here, and I 13 apologize, I didn't raise it with Mr. Taylor, 14 but we have a case coming to you from Judge 15 Brunson and it involves redactions of a public 16 records request, and pursuant to the Public 17 Records Act when there are work product 18 exemptions that are redacted the Court reviews 19 the unredacted. 20 What it is is invoices from Mr. 21 Sweetapple's law firm and some items were 22 redacted that reflect work product we submit in 23 an ongoing matter, and the Public Records Act 24 contemplates that you review it in -camera, about 25 five pages. O ESQUIRE 800.211.DEPO (3376) o I � = I a 11. EsquireSolutions.com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 39 1 I actually haven't ever had a dispute over 2 a privilege log where the privileged documents 3 were submitted in camera, so my question for you 4 is whether you have - in terms of how we submit 5 to you evidence. 6 So, for example, you know, I may need to 7 submit an affidavit to you from Mr. Sweetapple 8 who says, "Okay. The witness whose name is 9 listed on August 15th entry was a - or the 10 person whose name is listed is a potential 11 witness in this case to support the exemption." 12 THE COURT: Let me interrupt you. I want 13 you to understand, although it sounds like most 14 of these cases are coming to this division, 15 you've been living with the intricacies, both of 16 you, more than I have. I have about 17 1,200 cases, I don't mean that disrespectful. 18 It's hard for me to take in exactly the totality 19 of the circumstances that you're talking about 20 that's going to lead to this potential in -camera 21 review by this court. 22 what I would suggest, if you all meet and 23 if you all have a process that works, send it to 24 me in a agreed order in that case and I'll look 25 at it. If I understand it and agree with it ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 40 1 I'll sign off on it. If I don't understand it I 2 can bring you in for a brief hearing or if I 3 don't agree with it, assuming I understand the 4 proposal, I'll tell you why I don't agree and 5 send an order out to you that way. 6 You know that in a couple months you're 7 going to have a different judge on this. 8 MS. O'CONNOR: Yes. 9 THE COURT: So if I thought I was here for 10 the long-term it would make sense to try and 11 rush this through, or not rush this through, try 12 to get it to me to keep things moving, but I 13 think you're going to have to bring another 14 judge up to speed on all of this in a couple 15 months anyway, so you decide whether you want me 16 to keep addressing these issues until I'm gone 17 or whether you want to wait and educate the next 18 judge, I believe it's Judge Oftedal. I have no 19 preference on that, whatever works for all of 20 you is fine with me. 21 For today, I appreciate you guys getting 22 your materials ahead of time and you'll submit 23 the proposed order as long as Mr. Taylor agrees 24 to the form and content and I'll sign off on 25 that. ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 41 1 My question for you since you're here, I 2 got something on a different case but related to 3 that, and I forget the name of the parties and 4 it's an attorney from Orlando that may be 5 representing one of the public records 6 requestors, and I can't tell you which one, but 7 they sent me a cover letter with a thumb drive 8 taped to it. I haven't put it on my computer 9 and will not, but I had my JA call and say, "set 10 this for hearing," and that call was made 11 June 8th and I haven't heard a thing, so I'm 12 getting ready to send that back unless you can 13 me something about it or something I should 14 know. 15 MS. O'CONNOR: Is it a Gulf Stream case, 16 do you know? 17 THE COURT: Good question. Do you want to 18 wait a minute and I'll grab it? 19 MS. O'CONNOR: Sure. 20 (Short break.) 21 THE COURT: Okay. This is Christopher 22 O'Hare vs. Town of Gulf Stream, it's 13CA17717, 23 the cover letter from Mr. Roeder. 24 MR. TAYLOR: Roeder. 25 THE COURT: Says, "Enclosed please find a ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 42 1 computer flash drive containing digital copies 2 of video depositions referenced in companion 3 motions for protective order in the above 4 referenced case. Copies have also been sent to 5 Joanne O'Connor and Robert Sweetapple. 6 Respectfully, Louis Roeder. 7 I was away last week, but my JA called Mr. 8 Roeder's office on June 8th and said, "set this 9 for hearing," and we've heard nothing, so I'm 10 inclined to send this back unless there's 11 something I missed. 12 MR. TAYLOR: Your Honor, what's the case 13 number on that? 14 THE COURT: 13CA17717. 15 MR. TAYLOR: Okay. Thank you. 16 THE COURT: All right. So I'll hold it a 17 couple more days. If you can give me any 18 clarification or I get a call back from the 19 office that they're setting it for hearing, then 20 I'll hold on to it. Whether I'll put it into my 21 computer and look at the video depositions I 22 don't know because I haven't seen the motion, I 23 haven't reviewed the motion it's attached to. I 24 wasn't going to review that unless I knew it was 25 set for hearing, so we'll see what happens next. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 43 All right. Thank you, folks. Have a good day. MR. TAYLOR: Thank you. MS. O'CONNOR: Thank you. (The hearing concluded at 3:10 p.m.) ESQUIRE 800.211.DEPO (3376) EsquireSol utions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM CERTIFICATE STATE OF FLORIDA ) COUNTY OF PALM BEACH ) June 16, 2015 44 I, JENNIFER D. DiLORENZO, Shorthand Reporter, certify that I was authorized to and did stenographically report the foregoing proceedings and that the transcript is a true and complete record of my stenographic notes. Dated this 7th day of July, 2015. (� r I �e)AZI7P JENNIFER D. DiLORENZO, COURT REPORTER ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM 10:16,20 25:16 26:21 28:7 1,200 39:17 1.130(b)(6) 27:21 10 34:14,15, 19 36:5 100 21:5 11 35:21,24 119 24:11,13 35:18 37:4,5 12 35:25 36:7 2 2 10:15 2 5: 14 28:7,8 20 6:17 2014 4:16 11:23 14:8 17:11 2 9: 1 2015 3:3 23 19:23 25 14:8 17:11 4 4 14:23 25:16,20 26:8,10 28:14,15 400 19:12 21:4 5 5 28:15 548 29:12 549 28:24 29:15,17, 22 30:2, June 16, 2015 Index: $1.54 -additional 8,14 31:3,11, 14,23 33:20 35:3 36:8 551 29:13 6 6 28:18 30:25 31:1 7 7 30:3,4,14 31:14,16 8 8 31:15,16 33:13 800 19:12 8th 41:11 42:8 9 9 14:23 17:10 33:21,22 23 A ability 10:7 absolute 5:10 absolutely 5:16 8:2 9:10 16:8 2 9: 24 37:2 acceptable 33:16 access 20:20 accuracy 18:6 Acquisition 3:1,5,14 4:3 26:2 Act 17:16 20:19 38:17,23 action 22:23 actions 20:16 21:9 23:15 actual 5:3 6:15, 22 13:16 17:18 19:24 25:11 additional 24:21 27:3 33:15 ESQUIRE 800.211.DEPO (3376) 6 0 l.=. 0 H 5 EsquireSolutions.com 13 25th $ 29:1 17:21 36:1,7 18:2,5,7 $1.54 13CA17717 8:19,25 41:22 3 9:7 12:24 42:14 13:3,6, 15 3 16,21 4:16,19 25:15,19 16:1,21 22:13 26:8,10 17:5 25:17,25 28:11,12 19:21 36:14 30 (b) (6) $39 15th 25:21 19:23 22:12 27:12 $39.23 39:9 300 17:8 16 11:22 3:3 330 1 16th 14:13 16:3 3:10 1 43:4 10:16,20 25:16 26:21 28:7 1,200 39:17 1.130(b)(6) 27:21 10 34:14,15, 19 36:5 100 21:5 11 35:21,24 119 24:11,13 35:18 37:4,5 12 35:25 36:7 2 2 10:15 2 5: 14 28:7,8 20 6:17 2014 4:16 11:23 14:8 17:11 2 9: 1 2015 3:3 23 19:23 25 14:8 17:11 4 4 14:23 25:16,20 26:8,10 28:14,15 400 19:12 21:4 5 5 28:15 548 29:12 549 28:24 29:15,17, 22 30:2, June 16, 2015 Index: $1.54 -additional 8,14 31:3,11, 14,23 33:20 35:3 36:8 551 29:13 6 6 28:18 30:25 31:1 7 7 30:3,4,14 31:14,16 8 8 31:15,16 33:13 800 19:12 8th 41:11 42:8 9 9 14:23 17:10 33:21,22 23 A ability 10:7 absolute 5:10 absolutely 5:16 8:2 9:10 16:8 2 9: 24 37:2 acceptable 33:16 access 20:20 accuracy 18:6 Acquisition 3:1,5,14 4:3 26:2 Act 17:16 20:19 38:17,23 action 22:23 actions 20:16 21:9 23:15 actual 5:3 6:15, 22 13:16 17:18 19:24 25:11 additional 24:21 27:3 33:15 ESQUIRE 800.211.DEPO (3376) 6 0 l.=. 0 H 5 EsquireSolutions.com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 Index: address -care 34:24 40:22 appearing 41:4 belief address allegation 3:14 attorney's 30:1,25 25:18 8:21,24 area 36:17 33:3,19 addressing 9:19 7:12 37:13 believes 17:20 7:19 27:2 40:16 areas August 18:6 5:15,19 39:9 bill adequate 20:15 19:19 29:2 6:2 7:25 authority10:24 administrat allegations argue 3:20 billing ive 21:24 19:7 avoid 17:6 17:7 27;2 29;9 argument 14:6,17 bit advance 31:19 9:3 15:8 aware 7:12 37:22 allege 19:1,2,6 10:19 blanket advised 15:19 assert 5:22 6:9 14:11,13 33:24 28:23 B blind 17:13 alleging assertion 32:2 18:4 23:12 5:10 back break affects allowed assessments 4:7 11:23 41:20 8:10 34:13 24:23 41:12 bring affidavit 35:23 assume 42:10,18 40:2,13 21:1 amended 12:8 background broader 27:15 8:17 22:18 27:6,17 7:12 39:7 11:14,18 assuming banning 12:23 Brunson agree 12:3,9 6:10 38:15 16:24 13:2,8 40:3 20:11 31:17 based budgets attached 5:22 25:15 amending 3:8,9 16:25 32:2 30:14 33:23 14:24 19:2 22:2- 39:25 amount 22:17 23:15,20 C 40:3,4 13:12 26:1 24:3 25:1 agreed 17:6 31:18 36:3,11 call 29:23 19:22 32:6,10, basically 41:9,10 36:13 20:5 23:7 21 42:23 7:7 24:10 42:18 39:24 32:15,16 attachment 32:11 called agreeing anymore 32:20 basis 42:7 9:6 16:18 4:13 attachments 11:4 agreement 15:13 3:20 12:18 camera 39:3 36:23 apologize attempts 19:13 38:13 29'25 candor agrees 30:5 30:25 24:24 40:23 appearances 31:10 ahead 3:11 attorney behalf care 18:17 13:14 ESQUIRE 800.211.DEPO (3376) 11 EsquireSolutions.com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM Carriage 27:20 case 3:10,25 4:5 5:1, 2,4,22 6:17,18, 22,24 7:2,20 8:15 10:10 2 0: 15 22:9,17 23:16 24:2 25:14 26:3 30:19 36:11 38:14 39:11,24 41:2,15 42:4.12 cases 4:8 15:21 20:24 21:14 22:18 28:20 39:14,17 cents 19:23 CG 3:1,5,14 4:2 26:2 challenge 9:23 10:7 11:1 17:19 20:2,3 challenging 17:25 19:24 2 0: 4 28:16 Chapter 24:11 35:18 37:4,5 charge 13:7,16, 21 23:7 charged 19:20 23:2 charges 32:16 Christopher 41:21 circumstanc es 4:8 18:18 19:3 39:19 claim 9:8 10:4 16:24 19:14 22:21 34:9 35:22 36:16 claiming 23:1,19 claims 10:2 15:21 18:14,21 20:16 clarificati on 42:18 clear 5:5 15:15 16:16 22:5 23:18 2 7: 17 cleverly 13:25 client 4:12,25 5:4 7:18 10:11 16:7,10 23:14 24:17 32:18 client's 37:3 code 32:22 collect 3 5: 1 comment 37:1 commingled 35:8 companion 42:2 company 3:1,6 5:12 comparison 4:11 complaining 21:9 Complaint 7:15,17 11:14,15, 16,18 12:23 13:2,8 21:25 27:1 29:10 31:18 June 16, 2015 Index: Carriage -count 32:9,11, 20 33:24 complete 6:9 completely 13:13 19:12 compliance 19:14 computer 41:8 42:1,21 conceding 15:5.6 concern 20:23 concluded 22:14 43:4 confused 22:22 confusion 11:12 constructio n 32:14 contemplate s 38:24 content 40:24 continued 33:24 copies 23:2 42:1,4 copy 6:18,23 25:12 copying 8:19 13:6 corporate 4:2 5:2, 4,6,18 6:5 8:9 21:18,22 27:5,14, 20 corporation 27:25 correct 7:16 11:24 12:2 15:14,24 17:19 24:9 25:24 27:22 35:5 36:18 correctly 8:23 corresponds nce 14:24 cost 10:25 15:3,18 17:18 18:7,12 20:5 24:8,23 costs 32:15,18 counsel 3:11 4:10 13:9 22:4 36:20,22 count 7:16 8:16,17 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 Index: counts -documents 10:20 19:13 deposit discovery 11:8,21 20:4,8,10 D 17:15 6:10,11, 13:14 21:11 deposition 15 7:12 14:5,7, 22:16 8:14 9:5 date 4:15,17, 17,18 23:4,17 15:19 18,20,24 10:1 15:15 24:1,3, 14:1,6 18:15 12,20 day 6:2,23 15:11,23 22:11 19:16 25:9,13, 18:24 16:16 20:3,14 22,25 29:1 43:1 depositions 18:21 21:10 26:4,7, days 5:24 20:12 23:12,17 10,14,17, 42:17 6:10,14, 24:17 24:25 20 27:10, 20 19:9 25:3,8 25:8 27:1 19,23 decide 21:12,13, 31:13 28:22,23 28:6,11, 40:15 17 22:5 dispositive 30:4,8 14,18,2042:2 defect 21 20:25 32:25 29:12,17, 22:25 designated 33:4,22, 19,25 5:8,18 dispute 25 30:14,17, Defendant 12:9 17:1 21 31:21 4:1 7:22 6:4 28:4 18:5,8,11 counts 32.8 8:17 13:4 determinati 39:1 10:18 24.22 33:3,17 30:1 on disrespect£ 26:25 34:2,8, Defendant's 37:5,21 ul 28:10 13,20,22 3:9 determine 39:17 couple 35:2,20 36:7,14, defense 7:13 division 40:6,14 16,19 10:7,8,9 determining 39:14 42:17 37:8,10, deficient 18:18 document court 11,17,20, 19:4 difference 25:20 3:5,15,18 25 38:3, delay 33:11 30:12 5:6,13,17 7'18 23:20 digital 31:9 6:1,4,7, 39:12,21 40:9 delayed 42:1 documentati 25 7:13, 21,25 41:17,21, 7:10 direct on 8:4,13 25 42:14, demonstrate 25:11 8:19 16 10:13 9:1,8,21 s directors 13:5,11 10:15,22 cover 20:18 27:8 23:24,25 11:9,11, 36:6 denial disagrees 30:20 24 12:3, 37:25 20:20 7:19 32:22 8,20 41:7,23 33:1 13:23 deny disallow 35:18 14:18,21 covered 4:10 35:24 15:1,15 35:22 documents depending diecoverabl 3:8 7:4,6 16:4,15, creates 28:9 e 23 17:10, 16:12 9:14,17, 24 18:4, depose 10:6 18 11:20, 10,17 4:2 5:3 30:22 23 17:18 36:3 24:5,24 ESQUIR111 E EsquireSol �on, s.com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM 27:3 27:8 18:7,12 29:7,22 Enclosed 20:5 23:7 30:2,6,9 41:25 evidence 31:3,6, 10,11,20 encompassed 21:6 39:5 33:5,15, 36:6 exemption 19 34:24 39:11 enjoining 35:6,21 24:10 exemptions 37:12 38:18 39:2 enter 23:5 Exhibit dollar 14:25 23:8 entities 25:23 8:8 drag 26:11,13, 22:7,9 entitled 14,17 5:14 7:22 draw 8:13 21:8 exhibits 4:11 24:18 31:17 drive 26;23 33:14,18 41:7 42:1 29:21 exist 31:12 24:25 duces 34:10 31:20 25:11 26;2 36:23 existed entitlement 9:18 duplication 17:18 6:1 37:21 existence entitles 33:15 29:19 exists E entity 23:25 8:8 earlier expect 22:11 entry 14:6 educate 39.9 expedition 40:17 essentially 4:23 effect 3:24 8:18 expeditions 10:2022:6 8:7 11:2 19:24 33:13,16 32:21 expenses either/or 17:17 estimate 34:6,7 10:24 extent Eleven 11:22 20:14 34:22,23 12:10,11, extremely eliminate 12,15 5:23,25 14:1 28:7 14:10 15:19,25 employees 16:1,22 ESQUIRE F June 16, 2015 Index: dollar -frankly 12 11:15, 16 Filing £act 25:14 11:21 find 12:15 41:25 13:17,20 14:15 finds 16:12 3 7: 11 18:5 22:24 facts 4:21 6:13 22:8,13 factual 12:9 17:1 failing 6:9 fair 21:20 fashion 30:10 favor 37:11 fee 8:19 36:23 37:22 fees 11:6 19:19 35:1,4,16 36:17 37:4,13, 21 Fifteen 36:15 figure 32:18 filed 3:25 4:3, fine 37:23 40:20 firm 38:21 fishing 4:22 22:6 flash 42:1 flatly 23:13 Florida 24:11 folks 43:1 forget 4 1: 3 form 20:20 40:24 found 3 1: 10 foundation 28:12 Fourteen 36:9 frame 10:3 frankly 4:24 5:21 800.211.DEPO (3376) EsquireSolutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM front grab hearing 14:12 41:18 7:23 21:7 22:19 grounds 27:10 31:22 37:13,22 24:4 25:2 fund 40:2 grouped 41:10 32:14 22:23 42:9,19, funds 25 43:4 guess 29:3 35:8 9:12 13:4 helpful future 19:17 25:5 20:19 Gulf henceforwar 9:19 20:1 d G 22:4 23:6 32:12,15 Hills 35:17 Gadd 27:21 41:15,22 6:18 history Gulfstream gain3:2,6,17 36:9 8:22 23:6 hold gather 42:16,20 30:5 guys 40:21 honest 31:2,10 13:8 gathering 17:17 H Honor 3:13,23 33:7 happen 4:6 5:20 gave 37:16 6:3,9,24 17:20 7:14,24 18:12 happened 8:2,16 20:5 4:16 37:6 9:10 generally happy 12:22 34:15 38:5,7 14:4,5 15:24 give harass 16:6 31:13 4:25 17:4,22 42:17 22:10 19:6,17 giving hard 20:13 11:5 32:24 22:1 39:18 23:11 good 24:9,19 28:2 harm 25:5 41:17 20:20 27:22 43:1 heard 29:18,24 gotcha 41:11 30:16 30:10 42:9 32:11 33:10 June 16, 2015 Index: front..intricacies 34:7 39:20 35:12 37:2,23 42:12 hour -and -a - half 6:12 hourly 36:24 hours 4:17,19 17:7 22:13 hundreds 8:5 I i.e. 21:4 idea 30:9 34:24 identities 8:9 II 14:17,19 23:13,17 25:8 27:1 28:10,23 30:5,8 32:25 33:4 III 20:14 21:10 27:1 immediately 11:17 in -camera 38:24 inappropria to 24:23 inclined 42:10 including 36:9,21 indication 26:7 individual 8:9 individuals 27:7 information 10:2 27:9,17 33:8,9,13 injunction 23:5,15 injunctive 20:14 22:21 23:3,9 24:2,10, 15.25 inquire 5:14 29:21 30:24 inquiry 25:6 instance 31:2 intended 29:6 interrupt 39:12 intricacies 39:15 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 Index: invoices -motion invoices 18 lead 39:2 materials 38:20 judgment 39:20 long 40:22 involves 21:6 leave 40:23 matter 38:15 27:11 36:7 3:1 19:18 long-term irrelevant 37:15 legally 40:10 27:6 6:21 June 19:20 30:19 lot 38:23 19:12 3:3 11:23 letter 12:13 issue 14:8 16:3 13:6 22:5 meant 9:11,12, 17:11,21 19:25 24:13 22:7,9,10 13 12:4, 18:5,7 41:7,23 26:12 41:11 Louis 32:16,17 14,22 42:8 light 42:6 13:1,17 22:24 meet 15:7,16 39:22 16:12,18 g likelihood M 18:15 20:19 met 21:14 20:8,9 knew limit made 24:12 42:24 22:16 minute 29:9 37:7 23:9 30:7 1 18: 8:222,23,23 28:2 Kn18i g 41:18 issues :107:2,3,13, limited 21:24 6:12 28:25 minutes 15 9:21 knowledge 36:21 30:5 4:20 15:12 21:23 41:10 22:13 24:21 35:15 limiting 28:1 36:1 23:3 main missed 4 0:16 24:14 5:15 42:11 item limits make mistaken L 5:23 5:10 19:1 5:12 27:17,18 40:10 35:9,10 lack 20:11 money 24:16 makes 32:19 items 19:4 26:5 32:2 24:24 list 32:12 33:1 38:21 25:16 37:20 monies large 26:12 making 35:7 20:22 listed 14:2 month J lasted 5:15 manner 21:4 4:17 39:9,10 9:16 JA months 41:9 42:7 late litigation 16:711 , 16:2 12:12 36:9 marathons 18:23 Joanne law 22:6 40:6,15 3:16 42:5 living 3:10 5:5, 39:15 Martin moot judge 22 6:17 11:10 25:14 locked 4:18 37:7 38:14 30:19 27:23 Marty motion 40:7,14, 38:21 log 27:14 3:7,8,19, ESQUIRE 800.211.DEPO (33 76) EsquireSol utions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 Index: motions.. pertains 22,25 number 13,15,18 40:5,23 24:2 4:3,6 10:4 37:20,23 42:3 31:4,5 20:25 15:20,21 38:2,5,9, originally 34:8 21:16 21:13 12 40:8 35:13 11:14 42:22,23 26:3 41:15,19 Parties 42:13 42:5 43:3 Orlando motions 41:3 41:4 21:14 numbered O'connor's 42:3 26:1 24:17 outlining Party 30:18,19 37:14 21.2 motivation 6:20 0 O'hare outstanding Past 18:22 41:22 38:1 motive 22:2 6:15 O'boyle object overestimat pattern move 4:18 35:13 a 20:18 20:24 21.21 office 24.8 32:12 27:14 37:24 42:8,19 28:1 Pay moving officers F 34:3,10, 40:12 O'connor 27:8 11 3:16 9:1 10:18 offset p.m. Payment 43:4 N 11:10,12 32:17 17:15 12:2,7 Oftedal Pages 34:5 nature 14:4,20, 40:18 11:22 Pending 32.2 23 15:14 14:13 10:2 16:9,20 ongoing 25:16 15:21 necessarily 18:16 38:23 38:25 18:22 22:3 20:11,13 open paid Nick 22:3 7:11 8:1 8:20,25 Perfectly 3:13 24:20 18:21 13:12 22.2 25:4,12, 16:2 period non- 19,24 opening 8:7 production 26:6,9, 31:8 paired 23:18 12,16,18, opposing 22:22 Permit 35:21 22,24 4:10 paper 32:15 noncomplian 27:22 19:22 permitted opposition ce 28:5,8, 17:15 14:25 paragraph 16:25 12,15,19, 18:14 22 29:15 order 14:23 person 17:10 39:10 20:18 30:4 3:7 4:1, 31:16,24 4,7,9,10, 35:21 pertained notice 32:4 12,16 paragraphs 4:21 6.22 13:21 33:10,12, 5:22 6:10 26:1 pertaining 15:3 22 34:15, 14:6,17 parcel 6:13 17,23 21:15 25:14,21 35:5 38:4,6,8 31:5 pertains P 26:2 36:2,5, 39:24 part 6:20 11:7 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 Index: picked.. received 32:25 precludes 7:4 9:14, 16:19 10:11 picked P 16:16 15 13:5 17:15 questions 21:18 preference 18:11 20:1719 ,, 19:10 40:19 23:14,24 20,21 Plaintiff 31:12 21:3 24:6 — 3:12 9:20 premature 33:5,19 28:23 R 14:11 37:8,19 29:5 30:6 producing 17:13,14 prematurely 31:6 32'6 raise 20:21 11:17 36:10 32:17 21:19,23 product 38:15,16, 38:13 27;2 prepare 38:17,22 23 41:5 35:15 38:4,5,7 raised production pull 36:20 p rep ared : 14:2 18:16 Plaintiff's 17:13 raising 3:6,8 prolong Pr Purpose 10:6,10 presupposes 4:248 28:16,20 29:2 35:25 16:10,11 proof 29:5,20, rate 25 36:24 prior 7:19,21, pleadings 4:6 21:6 22 32:11 purposes read 9'2 37:123:19 proposal 15:23 14:3 pled privilege 40:4 pursuant reading 11:19 39:214:22 27:20 23:16 proposed privileged 40:23 29:4 31:7 ready point 39:2 38:16 41:12 19:18 protective 28:9 36:3 Problem 3:7 4:1, Pursuing reason 34:18 4,7,9,10, 16:24 4:3 5:17, position 34:2,4,6 Proceeding 12 5:22 put 20 18:20 35:7 32:7 6:9 21:15 24:16 33:23 27:12 35:13,14 37:3,742'3 Proceedings provide 2g:g 41:8 reasonable possessed 3:1 6:18 42:20 7:10 8:10 14:13 process 11:20 12:5,18 possession 34:25 provided Q 18:19 30:10 39:23 10:13 reasonablen possibly Produce 14:9,10 quashed ess 32:3 8:18,24 18:6 6;23 15:17 9:23 potential 13:11 Providing question receipts 39:10,20 17:2,14 20:17 12:14 31:25 practice 24:7 public 13:20 32:1 20:25 27:5,24 3:24 4:5, 16:5 36:1 received 35:18 21 6:14 39:3 3:7,9 practices 37:1241:1,17 8:6 10:4 10:1,14 22:3 produced 14`9 questioning 11:2 ESQUIRE 800.211.DEPO (3376) 1 EsquireSolutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM 15:3,6,8 relate representat 16:7,10 24:22,23 ive 18:2,12 26:10 4:2 5:2, 19:11 31:22 4,7,18 21:3,4 33:18 6:5 29:3 related 21:19,22 record 25:8 27:7 27:5,12, 14:3 29:22 14,20 36:10 31:3,16 representin records 41:2 g 3:24 4:5, relates 41:5 21 6:14 31:14 request 7:18 8:6, 36:8 3:25 4:22 25 10:5 relating 6:11,14 14:9,14 7:5 12:1 10.2 16:19 14:2,9, 17:14,16 relation 10,16 20:17,19, 35:20 16:18 21 21:3 relationshi 17:12 23:13 19:16 p 24:6 36:20 24:1 27:16 25:20 28:24 relevance 28:24 29:5 30:7 15:22 29:5 30:7 32:6 36:11 31:7,9,23 35:14 relevant 32:6 38:16,17, 28:21 33:4,8 23 41:5 34:3,5 relief 35:5 redacted 20:15 38:16 38:18,22 22:21 redactions 23:3,9 requestor 38:15 24:2,10, 6:16,21 15 25:1 requestors referenced 42:2,4 remain 41:6 8:1 requests refers 30:18 remedy 8:6 10:5 23:4 19:11 reflect 21:3 38:22 replete 23:21 refusal 27:2 28:25 11:20 replied 35:22 7:17 36:10 refute 38:1 21:5 represent 21:11 resolution ESQUIRE 29:4 respect 20:17 Respectful y 42:6 respond 8:22 10:22 14:15 responded 10:23,25 11:19,21 23:25 response 3:9 7:8, 10 8:5,1 9:4,9,16 19,25 10:12 11:4,15, 25 12:4 13:19,24 14:8 15:9,17 16:20 17:11,12 21 18:2, 19 19:3, 8,14,25 27:10,16 28:17 33:4 June 16, 2015 Index: record -scope result 4:15 retainer 1 36:23 retention 36:21 revenue 32:17 review 35:4,16 38:24 39:21 42:24 reviewed 42:23 reviews 1 38:18 revise 33:12 responses 5:14 responsive 14:14 17:14 30:1,6,12 31:11 33:15 rest 4:22 Ring 5:11 21:21 27:13,24 28:4 Robert 42:5 Roeder 41:23,24 42:6 Roeder's 42:8 rush 40:11 s scenario 5:1 scope 5:24 800.211.DEPO (3376) EsquireSolutions. com PROCEEDINGS June 16, 2015 CG ACQUISITION vs. TOWN OF GULFSTREAM Index: seek -Taylor seek similar 27:25 stuff 25:1 4:8 8:8 12:13 T start 33:13 simple 3:11 15:20 seeking 3:24 4:4, 26:21 24:13 table 5:3 19:7 5 19:18 subject 15:12 stated 23:10,14 simply 13:25 30:8 32:7 talking seeks 4:22 submit 10:15,16 states 4:1 32:18 11:17 39:19 7.17 send single 12:7 taped statin 12:11,13, 21:15 41:8 15 15:18, 13:68 39:427 situations 40:22 Taylor 25 39:23 statute 40:5 4:13 12:6,19submits 3:13,19, 41:12 sort 18:14 27:15 23 5:8, 42:10 18:24 19:15 16,20 submitted 6:3,6,8 30:10 sense 36:24 Statutes 39:3 7:14,24 40:10 24:11 8:2,12,15 sou ht g subpoena 9:7,10 separately stipulate 6:22 26:2 3:21 29:1 9:3 14:14 10:9,17, sounds 15:2 suggest 19 11:7, September 35:2 37:11,15 39:22 13 12:22 4:8,16 39:13 suggested 15:2,24 22:12 stipulating 16:5,14, set source 12:24,25 8:4 9:2 17 17:4, 41:9 29.3 stipulation suggests 22 18:1,8 42:8,25 specific 9:6 14:7 33:6 19:6,17 6:21 15:4 summary 20:7,9 setting 18:15 20:10 21:6 21:12 42:19 32:14 24:21 27:10 22:1 short 25:2,4 23:11,23 8:6 10:3 specificall 26.25 support 24:9,19 41:20 y 28:10 17.7 26:19 6:17 36:4,12 33:3,14, 29:18,23, show 19:1,15 18 39:11 24 30:15, 32:12,21 21:18 stipulation supporting 16,18 35:6 speed s 3:20 32:1,5,10 showing 40:14 13:25 33:6,11 34:1 supposed 17:6 34:7,12, sp32a13 28:3 19:21 Stream 16,18,21 33:1 9:19 20:1 Sweetapple 35:12 33:1 22:4 39:7 42:5 36:4 sign 40:1,24 a pent p 32:12,15 Sweetapplet 37:1,9,14 32:23 35:17 38:11,13 significant spokesman 41:15,22 s 38:21 40:23 17:16 41:24 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com PROCEEDINGS June 16, 2015 CG ACQUISITION vs. TOWN OF GULFSTREAM Index: Taylors -William 42:12,15 43:2 Taylor's 25:13 26:7 tecum 25:11 26:2 tee 21:13,16 telling 9:6 15:16 16:17 18:25 21:20 22:25 24:14 tells 25:15 Ten 34:16,17, 20 terms 8:10 10:6 34:25 39:4 thing 15:25 18:24 23:12 25:10 36:25 41:11 things 24:15 32:2,23 4 0: 12 thinking 21:19 31:1 thought 14:1 40:9 thumb 41:7 time 8:7,22 10:3,4 12:21 13:18 17:16 18:13 21:3 33:7 40:22 timeliness 9:11,12, 25 10:12 13:1 19:4,5,25 20:3 28:16 timely 7:9 9:16, 20 10:22 12:5 13:19 14:9,16 16:7,11, 13 17:2 18:20 19:8 timing 7:9 8:11 15:10 today 4:12 19:22 22:20 24:2,3,14 26:4 37:15 40:21 told 10:23 21:12 30:23 topics 25:6,15, 17 26:8 28:13 totality 19:3 3 9: 18 Town 3:2,6,17 7:6 8:21 14:15 16:6,25 17:1,12 18:4,17 21:1,2 22:4 23:1,6 29:3 41:22 Town's 11:15 14:8 17:11 20:16 trace 29:3 tracked 35:8 transcripts 22:18 transfer 33:2 trial 7:23 true 9:13 truthful 23:22 24:5 turned 22:6 30:13 G umbrella 36:6 understand 7:2 9:22 15:1 34:25 39:13,25 40:1,3 understands ble 22:2 understandi ng 7:5 Understood 16:4 34:12 unlawful 11:20 33:25 unreasonabl e 15:9 20:6 23:20 34:4 unreasonabl y 7:11 unredacted 38:19 untimely 9:4,9 11:3 V valid 10:10 vice- president 5:11 27:13 video 42:2,21 violated 37:6 violating 24:11 volume 23:20 ri wait 12:19 28:2 40:17 41:18 waited 12:17 waiving 9:3 15:8 19:2 walk 25:6 walked 31:19 week 18:23 19:11 21:5 42:7 weeks 11:25 12:4,18, 19 whatsoever 22:8 William ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com PROCEEDINGS June 16, 2015 CG ACQUISITION vs. TOWN OF GULFSTREAM Index: withholding..zoning --,-----•_•-••_•-_• TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail May 3, 2016 Martin E. O'Boyle [mail to: records@commerce-group.com] Re: GS # 2165 (1219) Please provide a copy of the transcript (including the exhibits) resulting from the hearing ofJuune 16, 2015 and relating to the litgation styled: CGAcquistion Company, Inc. vs Town of Gulf Stream (Case No. 502014C4007123IB). To the extent that the documents requested are not in the possession of any of the requestees, please amend this request on a daily basis until such time as the requested documents are available. Dear Martin E. O'Boyle [mail to: records(a)commerce-aroW.coml, The Town of Gulf Stream has received your original record requests dated April 25, 2016. Your original public records request can be found at the following link: http://www2.eulf- stream.ore/weblink/O/doc/89972/Pagel.asox. Please refer to the referenced number above with any future correspondence. Please allow this response to be responsive for all parties involved. You will find the responsive documents attached to this email as well as at the same above link. We consider this closed. Respectfully, Town Clerk, Custodian of the Records