Loading...
HomeMy Public PortalAboutPRR 16-2211RECORDS REQUEST (the "Request") Date of Request: 05/31/2016 Requestor's Request ID#: 1235 REQUESTEE: Custodian of Records Sweetapole, 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-grouo.com: Phone: 954-360-7713; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: 1. Provide copies of all trial transcripts, deposition transcripts, sworn statements, affidavits and other statements (the "Transcripts") made by Mr. Jeff Grey to the Town of Gulf Stream. This Request would include any and all portions of any of the Transcripts. 2. Provide copies of all communications between Jeff Gray and the Town of Gulf Stream where Jeff Gray was the sender or a receiver. 3. Please provide records, including, without limitation, all communications and transcripts emanating from Judge Barkhall's Courtroom regarding communications between Judge Barkhall and Jonathan O'Boyle and/or Judge Barkhall and Robert Sweetapple and\or Joanne O'Connor and any other party who is (or was) a partner or employee of Jones Foster regarding Jonathan O'Boyle or the O'Boyle Law Firm. ADDITIONAL INFORMATION REGARDING REQUEST: The term "Town of Gulf Stream" shall mean each of the following: the Town of Gulf Stream. its Commissioners. its Manager, its employees, its Police Department, its Police Officers and its Counsel and the following law firms• Sweetanole Broeker & Varkas: Richman Greer. PA: and Jones. Foster. Johnston & Stubbs. (including, without limitation, the attorneys, employees and partners of each such law firm.) THIS REQUEST IS MADE PURSUANT TO ARTICLE I, 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. EE 6119A1(2)(F), FLORIDA STATUTES. IF NOT AVAILABLE IN ELECTRONIC FORM, IT 1S REOVESTED 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(4) (a) (2) ALSO PLEASE TAKE NOTE OF §119.07(i)(H) OF THE FLORIDA STATUTES. WHICH PROVIDES THAT "(F A CIVIL ACTION IS INSTITUTED WITHIN THE 30 -DAV 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 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 crony costs, asserted by the Agency (as defined In Florida Statute, Chapter 119.01 (Definitions)), In advance of any costs Imposed to the Requestor by the Agency. 'BY FULFILLING THIS RECORDS REQUEST, THE AGENCY ACKNOWLEDGES THAT THE RESPONSIVE DOCUMENTS ARE"PUBLIC RECORDS" AS DEFINED IN CHAPTER 119, FLORIDA STATUTES". I/P/NP/FLRR 07.28.2015 Page 1 (Pages 1-4) Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 1 Page 3 I IN TME JUDICIALICIRCUIT, IN AND FOR I TABLE OF CONTENTS 2 GTvPL COUNTY, FLORIDA. 2 PAGE 3 CASE NO.: 2034 -CA -00]939 3 JEFFREY MARCUS GRAY 4 4 5JEPFREY GRAY, 5 Direct Examination 4 6 Plaintiff, 6 by Mr. Wells 7 v"7 e 8 EXHIBITS CULTURAL PRACTICALDUTION CENTER F 9 EDUCATION CENTER FOR GIRLS, INC., 9 10 Defendant. 10 Defendant's Exhibit No. I - Complaint 100 II I I Defendant's Exhibit No. 2 - Cert of Ins. 101 12 12 Defendant's Exhibit A - Settlement Offer 103 13 DEPOSITION DP JEFFREY MARCUS GRAY 13 -- - 14 Taken on Behalf of the Defendant 14 CERTIFIED QUESTIONS 15 DATE TAKEN: August 9, 2014 15 16 TIME: 2:00 PM - 4:45 PM 16 Certified Question No. 1 19 17 PLACE: GrayRobinson, P.A. 17 Certified Question No.2 31 18 50 North Laura St., suite 1100 Jacksonville, Florida 32202 IB Certified Question No. 3 44 19 19 --- 20 20 21 Examination of the witness taken before: 21 22 Cynthia Silverberg, Court Reporter 22 23 Z3 24 24 _ _ _ 25 25 Page 2 Page 4 1 APPEARANCES I JEFFREY MARCUS GRAY, 2 3 2 having been produced and first duly swom m a witness NICK TAYLOR ESQUIRE 3 on behalf of the Defendant herein, was examined and 4 THE O'BOYLE LAW FIRM, P.C. 4 testified as follows: 5 1286 West Newport Center Drive 5 DIRECT EXAMINATION Deerficld Beach, Florida 33442 6 BY MR. WELLS: fi Appearing on behalfufPlaintitf 7 Q Mr. Gray, would you give us the benefit of 7 8 your full time, please? 8 9 9 A My full name is Jeffrey Marcus Gray. S. GRIER WELLS, ESQUIRE 10 Q And how do you spell Marcus? 10 GRAYROBP750N, P.A. 11 A M -a -r -c -u-5. 11 50 North Leum Street, Suite 1100 12 Q Okay. And Jeffrey is J -e -f -f -r -e -y? Jacksonville, Florida 32202 13 A Correct 12 Appcering on hehalfafDcfendaut 14 Q Grey, G -r -e -y? 13 15 A G -r -a -y. 14 ALSO PRESENT: 16 Q Have you ever given a deposition before? 15 17 A No. 16 Ms. Mary Marx 18 Q I'm sure you've had an opportunity to talk 17 19 with Mr. Taylor, but I'm going to give you some 18 --- 20 instructions that may help us save some time today. 19 21 I'll be asking you a number of questions related to 20 22 the lawsuit you filed and some other things. Unless 21 22 23 your attorney instructs you not to answer, you should 23 24 answer all the questions. He may object from time to 24 25 25 time. But, again, unless he instructs you not to Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 5 1 answer, you should answer all the questions. If you 2 would, let me finish asking my questions before you 3 begin your answer and I'll try to let you finish your 4 answer before I begin my next question. 5 A Understood. 6 Q Give a verbal response to my questions as 7 opposed to nods or shakes of the head or huh-uhs and 8 uh-huhs. Those an kind of hard for the court 9 reporter to interpret, so yes, no or some other type 10 of verbal answer. 11 A Understood. 12 Q If at any time you need to take a break, let 13 me know. This is not an endurance contest and 14 generally I'll probably take a break on the hour. And 15 we'll try to go roughly an hour and take a break and 16 then reconvene. 17 A Okay. 18 Q If you don't know the answer to a question, 19 obviously say you dont know. I'm not asking for 20 speculation. There may be occasions when you may say, 21 1 don't know, and I may ask you for your guess or 22 something, but it's unlikely in the context of this 23 case. All right? 24 A Understood 25 Q 1 know that you met briefly, just a few Page 6 I minutes ago, with Mr. Taylor. Other than that 2 meeting, have you done anything else to prepare for 3 this deposition? 4 A Other than just phone calls with Mr. Taylor, 5 no. 6 Q Okay. Did you review any documents? 7 A No. I reviewed a video, a video of his. 8 Q You reviewed a video. What video did you 9 review? 10 A I reviewed a video where I submitted the I I public records request to PACE. 12 Q Mr. Taylor has provided me with a video. I 13 have not really looked at it. So I may ask you from 14 time to time questions about that video. Other than 15 that video, are there any other materials that you 16 reviewed? 17 A Other than that video, no. Is Q Did you review the complaint in this case? 19 A I believe Mr. Taylor sent me an email and I 20 made a quick review of that. 21 Q When would that have been? 22 A Are you speaking of the complaint; are you 23 talking about the complaint that was made against 24 PACE; is that what you're speaking oft 25 Q I'm talking about the lawsuit that was filed Page 2 (Pages 5-8) Page 7 1 against PACE. 2 A I do not recall reviewing the complaint, no. 3 Q There was a contract attached to the 4 complaint. Did you review that contract, or any other 5 contact in preparation for this deposition? 6 A I have reviewed the contract that PACE has 7 with the State, yes. 8 Q What is your understanding of who that 9 contract is with? 10 A I believe the contract is with the I I Department of Children and Families. Is that the one 12 that it is? I believe that's the one it is. 13 Q You'll need to speak up so the court 14 reporter can hear you. You believe the contract to be 15 with the Department of Children and Family Services? 16 A Yes. 17 Q Okay. You indicated you had some phone 18 calls with Mr. Taylor and have reviewed the video -- a 19 video — the video and reviewed the contract with the 20 Department of Children and Family Services. 21 A If that's who they had the contract with. 22 It's been a while back. It's been all the way back 23 since I made the request, so it's been a long time 24 since I've seen it. 25 Q Whatever contract there may be, that's the Page 8 I one you believe you reviewed? 2 A Yes, yes. 3 Q When did you review that? 4 A It's been way back when the request was 5 actually made, before I went in to make the request. 6 Q You have not reviewed it since you went in 7 to make a request? 8 A No, sir. 9 Q Okay. Other than Mr. Taylor, have you 10 spoken to anyone else about this deposition? I I A Have I spoken to anyone else about this 12 deposition? I have spoken to my friend, 13 Thomas Covenant, about this deposition and my wife. 14 Q Thomas who? 15 A Thomas Covenant. And my wife. 16 Q How do you spell his last name? 17 A Covenant, C -o -v -e -n -a -n -t. 18 Q Just like the covenant Moses had with the 19 children of Israel? 20 A Yes, sir. 21 Q Is Mr. Covenant -- you said he's your 22 friend. Is he the one who was with you when you went 23 to PACE? 24 A Yes. 25 Q When did you last speak with Mr. Covenant? Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 9 1 A This morning. 2 Q About this deposition? 3 A No. It was not about this deposition. 4 Q Did you and Mr. Covenant have any 5 conversation this morning about this deposition? 6 A Not that I recall, no. 7 Q Did you have any conversation this morning 8 with Mr. Covenant about what occurred when you and 9 Mr. Covenant were at PACE? 10 A This morning? 11 Q Yes. 12 A No. 13 Q When did you last have any conversation with 14 Mr. Covenant about your activities at PACE? 15 A The last time I had a conversation with 16 him? I can't specifically say when. I don't recall 17 specifically the last time. 18 Q Are you known by any name other than by 19 Jeffrey Marcus Gray? 20 A Any other name? 1 am also know as Honor 21 Your Oath. I do have a YouTube channel called Honor 22 Your Oath. Yes. 23 Q I'm sorry? 24 A Honor Your Oath. 25 Q But you said something after that. Page 3 (Pages 9-12) Page 11 I A Yes. Page 10 I A A YouTube channel. Honor Your Oath. 2 Q Is that a time you use, as like an email 3 address, or Facebook, or a blog site, or anything like 4 that? Are those the only email addresses that you 5 A A blog site. It's a YouTube channel. 6 That's what it is. 7 Q Is that time copyrighted for you? 8 A No. 9 Q Any other names that you use? 10 A No. I I Q Do you have an email? 12 A Yes. 13 Q What's your email address? 14 A The email address is tgmy9937@hotmail.com. 15 Q T -g -a -r -y? 16 A G -r -a -y. 17 Q G -r -a -y. What does the T stand for? 18 A Teresa. 19 Q That's your wife's name? 20 A Yes, sir. 21 Q Okay. Do you use any other email address or 22 any other email site? 23 A There's also tgmy9937@comcmt.net. That's 24 my two emails. 25 Q Does your wife also use those emails? Page 3 (Pages 9-12) Page 11 I A Yes. 2 Q Does she use them in any way in connection 3 with her employment, if she's employed? 4 A No. 5 Q So you both use both of those email 6 addresses? 7 A Yes. 8 Q Are those the only email addresses that you 9 use? 10 A Yes. I I Q Okay. Do you have a mobile telephone? 12 A Yes, I do. 13 Q What is that number? 14 A The number to the phone? 15 Q Yes. 16 A (904)608-7960. 17 Q And who is the carrier for that line? 18 A AT&T. 19 Q Have you had that mobile phone number for -- 20 how long? 21 A I can't recall how long I've had that. I'm 22 not sure. 23 Q Since all of 2014? 24 A Yes. 25 Q All of 2013? Page 12 I A I can't answer that. I'm not sure. 2 Q Has AT&T been your carrier the entire time 3 you've had that particular phone number? 4 A Yes. 5 Q What is your resident address, Mr. Gray? 6 A My residence is 1904 River Lagoon Trace, 7 St. Augustine, Florida 32092. 8 Q How long have you lived there? 9 A I've lived there since the beginning of 10 2009. 11 Q Were you in St. Augustine --the 12 St. Augustine area prior to moving to the River Lagoon 13 address? 14 A Yes, I was. 15 Q How long have you been in St. Augustine? 16 A I believe 1 moved to St. Augustine the end 17 of 2005, the beginning of 2006. 18 Q Where were you prior to that? 19 A I was in Jacksonville. 20 Q How long had you lived in Jacksonville 21 before moving to St. Augustine? 22 A I've lived in between Jacksonville and 23 St. Augustine back and forth. I'm not precisely sure 24 what dates and times I've lived in either one, but 25 I've lived in the St. Augustine area since probably Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 13 I '92 or'93, just back and forth between the two. 2 Q Okay. And your wife is Teresa. Is that 3 T -e -r -e -s -a or T -h- -- 4 A That's correct; T -e. 5 Q How long have you all been married? 6 A We've been married since 1999. 7 Q So she -- 8 A Correct that. We've been married since 9 1998. 10 Q Its a good thing you corrected that. I1 A We had our first son in'99. 12 Q And you all have been married the entire 13 time since 1998? 14 A Yes. 15 Q And I think you said you've lived in the 16 Jacksonville/Sl. Augustine area since 1992. 17 A Approximately, yes. 18 Q You and your wife are both Georgia natives? 19 A Yes. 20 Q Where in Georgia? 21 A I was born in Atlanta and I believe she was 22 bona in Columbus, Georgia. 23 Q Are you employed? 24 A I'm not employed right now. No. 25 Q How long has it been since you were Page 14 1 employed? 2 A I worked at Winn-Dixie as a truck driver 3 from 1995 until 2013. I believe I left Winn-Dixie in 4 October of 2013. 5 Q Why did you leave Winn-Dixie? 6 A To pursue ajournalism activism career. 7 Q Okay. So you've not had -- stoke that. 8 After leaving Winn-Dixie in -- you said October of 9 2013-- 10 A Approximately, yes. I t Q — have you had any type of salaried 12 position anywhere? 13 A No. 14 Q Haw long were you employed by Winn-Dixie? 15 A From April of'95 until October of 2013, as 16 a truck driver. 17 Q Who was your immediate supervisor at that 18 Winn-Dixie? 19 A My immediate supervisor was Clay Turney. 20 Q T -u -r -n -e -y? 21 A T -u -r -n -e -y, yes. 22 Q Were you employed as a truck driver the 23 entire time from '95 to 2013? 24 A I was. 25 Q Now when you say you left to pursue Page 4 (Pages 13-16) Page 15 1 journalism and activism, can you tell me what you mean 2 by that? 3 A I contribute to a website called Photography 4 Is Not A Crime. 5 Q Called what? 6 A Photography is not a crime. 7 Q Okay. 8 A And activism, basically my main drive in my 9 activism is transparency in government, accountability 10 in government. I I Q When you say you contribute to Photography 12 Is Not A Crime, what do you contribute? 13 A 1 contribute video of news events. 14 Q What type of news events? 15 A News events, just stuff happening on the 16 street, specifically events where police officers are 17 behaving badly. 18 Q How do you come across these circumstances 19 of police officers behaving badly? 20 A Just you can -- you just get your video 21 camera out and you film them in action and 1 just — 22 they just behave bad. They don't like to be filmed. 23 Q How do you know where to go to find them? 24 A I don't know. Ijust stumble across them. 25 Q Just random? Page 16 1 A Yeah, yeah. If you see a cop stop somebody, 2 1 document what they do. And sometimes they react 3 negatively to that. 4 Q Sometimes they what? 5 A They react negatively to that, yeah. 6 Q What kind of negative reaction do the police 7 have? 8 A They tell you to tum the camera off and 9 tell you you can't film them, things like that. 10 Q Okay. Are those the only types of I 1 contributions you make to Photography Is Not A Crime'! 12 A Yes. 13 Q Any other contributions? 14 A No, no, other than — no, no. 15 Q So all of your contributions to Photography 16 Is Not A Crime relate to video of police officers 17 behaving badly? 18 A Police officers, public officials, other 19 public officials; not just police officers, but public 20 officials in general. 21 Q What other public officials have you filmed 22 behaving badly? 23 A What other public officials have I filmed? 24 Let me think about that for a second. Just public 25 officials. Say when I go to submit a public records Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 17 1 request or something like that at the mayor's office 2 or — there are so many different situations, the 3 mayor's office, the Sheriffs Office, different public 4 agencies like that when I go to submit a public 5 records request 6 Q Who are the principals behind Photography Is 7 Not A Crime? 8 A The principles? Carlos Miller is the 9 principle. 10 Q Carlos Miller? I I A Yes, sir. 12 Q Is Photography Not A Crime incorporated? 13 A Is Photography Not A Crime incorporated? 14 I'm not sure. You would have to ask Carlos about 15 that. I'm not sure if its incorporated or — 16 Q Where does Carlos Miller live? 17 A Miami. 18 Q How did you and Mr. Miller start doing 19 business together? 20 A Mr. Miller and 1-1 believe he came across 21 one of my videos of a police officer that was telling 22 me that it was illegal to film or something. I can't 23 remember specifically, but it was generally that type 24 of thing. He came across one of my videos where a 25 police office was behaving badly and he published it Page 18 I to Photography Is Not A Crime. 2 Q How many contributions have you made to 3 Photography Is Not A Crime? 4 A I cannot recall how many. I don't know. 5 Q Can you give me a ballpark; are you talking 6 ten, or a hundred, or a thousand? 7 A An approximate number, a ballpark number, 15 8 videos, stories, that he has written about. 9 Q Do you have an =hive of those videos that 10 you have contributed to Photography Is Not A Crime? 1 I A I do. 12 Q Do you get paid for those contributions? 13 A No. 14 MR TAYLOR Objection. 15 BY MR. WELLS: 16 Q You also indicated that you are involved in 17 activism related to transparency in government. 18 A Correct. 19 Q Tell me what you mean by that 20 A Transparency in government, basically what 21 it boils down to is the right to film public officials 22 while they're performing their official duties; public 23 records access, to be able to access public records, 24 like with the public entities, to make sure that they 25 are upholding our right to access public records, our Page 5 (Pages 17-20) Page 19 1 right to know. That's the two main things of it. 2 (The following question was certified.) 3 BY MR WELLS: 4 Q Do you receive any income from either your 5 journalistic events with Photography Is Not A Crime,. 6 or your mission of Transparency In Govemmenl? 7 MR. TAYLOR: Objection. Irrelevant. 8 BY MR WELLS: 9 Q You can answer. 10 A I believe that is irrelevant. 11 Q With all due respect, that's not your call, 12 Mr. Gray. 13 MR TAYLOR: if he feels that it's 14 irrelevant, that's his answer. He's certainly 15 free to answer the question. You may not get the 16 answer that you want, but if he feels that's 17 irrelevant - 18 MR WELLS: Mr. Taylor, how many depositions 19 have you been involved in? 20 MR. TAYLOR: I think that's irrelevant too. 21 It doesn't matter how many I've been involved 22 in. 23 MR WELLS: Certify the question. 24 And be advised that if the judge overrules 25 the objection one of you will pay the cost of Page 20 1 this deposition. Okay? 2 MR TAYLOR That's not necessarily — the 3 judge makes that determination. Carty on. 4 BY MR WELLS: 5 Q Have you filed income tax returns for the 6 last— since 2000? 7 A Yes. 8 Q Is your wife employed outside the home? 9 MR TAYLOR Objection. Irrelevant. t0 THE WITNESS: I believe that's irrelevant. I 1 I don't see how that has anything to do with the 12 case. 13 BY MR. WELLS: 14 Q One more time, Mr. Gray, that's not your IS call nor your attomey's. If he's instructing you not 16 to answer, that's different, but then he bears the 17 burden of that instruction. 18 MR. WELLS: Are you instructing him not to 19 answer? 20 MR TAYLOR: 1 made my objection and he's 21 made his call on that he's chosen not to 22 answer. I can't make him give you the answer 23 that you want. If you're asking again, I would 24 object to it as asked and answered. 25 MR. WELLS: Mr. Taylor, may I make a Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 2 3 4 5 6 7 8 9 10 1 12 13 14 IS 16 17 18 19 22 23 24 25 2 3 4 5 6 7 8 9 10 1 12 13 14 15 16 17 Is 19 22 23 24 25 Page 21 suggestion that you call one of your partners and ask them if the way you're proceeding is the appropriate way to proceed? I don't want to disrupt the deposition. I don't want to terminate it, but Pm not going to go through the deposition and have you all answer it's not relevant. MR. TAYLOR: fro simply making an objection for the record. MR. WELLS: You need to instruct your client to answer the question unless you're instructing him not to. MR. TAYLOR, He's answered your question. I can't — I don't know what you want me to do. MR. WELLS: I want you to tell him to give the factual information that I'm asking unless you tell him not to answer. MR. TAYLOR: I'm not telling him not to answer. He's answered your question. I can't make him give you the answer that you want him to give you. I can't do that. That would essentially be me testifying. I'm not the one being deposed here. I mean, if you disagree, you're free to go to Court and get a motion, you know, to compel, but — I mean, I'm perplexed at Page 22 what you want me to do. I can't make him give you the answer that you want. He's answered the question the way he's answered it. MR. WELLS: For the record, we are attempting to reach Judge Norton to obtain a ruling on the declination of Mr. Gray to answer certain questions. (Phone call was placed to Judge Norton.) THE COURT: Hello. MR WELLS: Judge Norton. THE COURT: How are you? MR. WELLS: I'm fine. Thank you. How are you? THE COURT: I'm good. I have Mr. Wells and Mr. Taylor on the phone? MR WELLS: Yes, you do. THE COURT: Just to let you all know, I pulled the case up and read — skimmed super fast the complaint and the answer. I guess this is a public records case or a Chapter 119? MR- TAYLOR: That's correct MR. WELLS: That's correct, Your Honor. THE COURT: Are y'all in the deposition, I understand right now? MR. TAYLOR: Yes, ma'am. Page 6 (Pages 21-24) Page 23 1 MR. WELLS: Weare. Your Honor, on behalf 2 of the Defendant, Practice Academic Cultural 3 Education Center for Girls — we call PACE —1 4 am deposing the Plaintiff, Mr. Gray. 5 We really have just gotten started and I 6 started asking questions about his sources of 7 income or whether he has received income from e certain sources. And I also asked a question 9 about whether his wife is employed outside the 10 home. And Mr. Taylor objected on the basis of 11 relevance, not on the basis of form. Whereupon, 12 Mr. Gray testified that he did not believe the 13 questions were relevant and would decline to 14 answer. 15 THE COURT: All right. 16 MR. WELLS: And its our position that in a 17 deposition relevance is not an issue. So before 18 we -- before I go much further and encounter 19 further similar objections, I thought it might be 20 best to get a ruling from the Court. 21 THE COURT: And Mr. Taylor, what would your 22 response to Mr. Wells be? 23 MR. TAYLOR: My response, Your Honor, is I 24 made my objection based on relevance. As you 25 know, the point of a deposition is to get Page 24 1 essentially all information or all discovery that 2 might lead to discoverable or admissible 3 evidence. I objected based on the fact that we 4 feel that's irrelevant, how much, if anything, is 5 made for any public records request. It's a 6 constitutional right. It's obviously guaranteed 7 in our constitution, it's a right per Chapter 8 119. 9 Mr. Gray has, in his opinion, answered that 10 it's irrelevant. As you know, I guess — I mean, I I I can't instruct him to give a certain answer if 12 there is an objection. He does have to answer, 13 yes. It's undisputed Your Honor. But I can't 14 instruct him to give a specific answer, I can 15 only instruct him that he has to answer the 16 question. Even if I do object, to instruct him 17 to give a specific answer would be improper and 18 it essentially would be my testimony instead of 19 his. So that's my position, is that it's 20 improper. 21 THE COURT: I'm a little confused. By no 22 means am I going to order a witness to answer a 23 question in a certain way because obviously, you 24 know, discovery is a seek for the truth, to 25 obtain information. So I have absolutely no Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 26 1 made my objection and — I objected and Mr. Gray did answer the question, but he feels that — THE COURT: Who is he? MR. TAYLOR: Mr. Gray, my client. Mr. Gray feels that his answer — this is not verbatim — but he's saying that's not relevant and I choose not to answer that question. And I guess the issue here is whether that is an appropriate response by Mr. Gray under the circumstances. THE COURT: Well, Mr. Gray, is Mr. Gray a member of the Florida Bar? MR. TAYLOR: He is not. THE COURT: And you are his counsel of record? MR. TAYLOR: That is correct. THE COURT: Let me just tell you how I look at discovery. I think that Mr. Wells has — I would agree with him on this issue of relevancy at this point. Obviously, I'll reserve for another day to determine if this line of questions — if that type of information would be admissible at trial because obviously things that can be discovered that ultimately the judge may Page 7 (Pages 25-28) Page 27 make the determination may not be appropriate to be admitted in front of either myself or a bench trial or in front of a jury at some point. Now I am a little concerned that Mr. Gray is, you know, taking on a quasi legal role here in objecting. I mean, that's obviously inappropriate. Do you believe we need to get Mr. Gray in here for part of this dialogue so he'll understand what the Judge's rulings is, or do you think, Mr. Taylor, you can appropriately communicate that to him? MR. TAYLOR: I was going to say Mr. Gray is right here. THE COURT: Oh, I didn't know he was there. Hi, Mr. Gray. I didn't know you were there. I'm Judge Norton. I hope you're having a good day. THE WITNESS: Hi, Judge. How are you? I'm having a good day. THE COURT: I'm good; I'm good. So what i just need to do, Mr. Gray, you've heard my ruling. I'm glad you were in there. And i just — from what — you know, if at some point — Im going to be here all afternoon — if at some point there's another line of questioning that you find inappropriate, I'm happy to talk to Page 28 I everyone. But right now, those are fair 2 questions. And then ultimately I will make the 3 decision later whether or not they're 4 admissible. But Mr. Gray, from the questions 5 that Mr. Wells has told me, sir, you do need to 6 answer those questions, please. All right? 7 THE WITNESS: Okay. Understood. 8 THE COURT: I'll be here all afternoon. 9 This is myjob, to handle things like this, so 10 give me a call if you need me. Okay? I I THE WITNESS: Okay. Thank you. 12 MR. WELLS: Thank you very much, Your 13 Honor. 14 THE COURT: Have a great day. rm going to 15 hang up. Bye-bye. 16 (Phone call ended.) 17 BY MR WELLS: 18 Q Mr. Gray, given Judge Norton's rulings, let 19 me pose the question one more time. From your 20 activities with Photography Is Not A Crime and your 21 activities seeking Transparency In Government, have 22 you derived any income? 23 A I have not derived any income from 24 Photography is Not A Crime. I have derived income 25 from my YouTube channel. Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 25 1 interest in instructing Mr. Gray to answer — and 1 2 I'm having a hard time hearing you too, sir, but 2 3 I just want to let you know by no means am I 3 4 planning to tell Mr. Gray, Hey, you have to 4 5 answer this question in a certain way. And. 5 6 that's why I'm a little confused, sir, by your 6 7 response. 7 8 MR. TAYLOR: By — I'm sorry. By my 8 9 response, Your Honor? 9 10 THE COURT: You seem to be under the 10 I I impression — I mean, obviously there's a 11 12 differece between saying to Mr. Gray, Please 12 13 answer the question for Mr. Wells versus — maybe 13 14 rm not understanding you, but you went into this 14 15 dissertation about how I can't control what the 15 16 witness says. And that's where rm confused 16 17 because I don't think anyone is trying to get you 17 18 to tell Mr. Gray what to say. 1 think the issue 18 19 is: Does Mr. Gray have to truthfully answer the 19 20 question? fro just a little confused, sir, by 20 21 what you're saying. 21 22 MR. TAYLOR: What I'm essentially saying, 22 23 Your Honor — and I'm sorry for the confusion — 23 24 THE COURT: That's okay. 24 25 MR. TAYLOR: — but what I'm saying is that 29 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 26 1 made my objection and — I objected and Mr. Gray did answer the question, but he feels that — THE COURT: Who is he? MR. TAYLOR: Mr. Gray, my client. Mr. Gray feels that his answer — this is not verbatim — but he's saying that's not relevant and I choose not to answer that question. And I guess the issue here is whether that is an appropriate response by Mr. Gray under the circumstances. THE COURT: Well, Mr. Gray, is Mr. Gray a member of the Florida Bar? MR. TAYLOR: He is not. THE COURT: And you are his counsel of record? MR. TAYLOR: That is correct. THE COURT: Let me just tell you how I look at discovery. I think that Mr. Wells has — I would agree with him on this issue of relevancy at this point. Obviously, I'll reserve for another day to determine if this line of questions — if that type of information would be admissible at trial because obviously things that can be discovered that ultimately the judge may Page 7 (Pages 25-28) Page 27 make the determination may not be appropriate to be admitted in front of either myself or a bench trial or in front of a jury at some point. Now I am a little concerned that Mr. Gray is, you know, taking on a quasi legal role here in objecting. I mean, that's obviously inappropriate. Do you believe we need to get Mr. Gray in here for part of this dialogue so he'll understand what the Judge's rulings is, or do you think, Mr. Taylor, you can appropriately communicate that to him? MR. TAYLOR: I was going to say Mr. Gray is right here. THE COURT: Oh, I didn't know he was there. Hi, Mr. Gray. I didn't know you were there. I'm Judge Norton. I hope you're having a good day. THE WITNESS: Hi, Judge. How are you? I'm having a good day. THE COURT: I'm good; I'm good. So what i just need to do, Mr. Gray, you've heard my ruling. I'm glad you were in there. And i just — from what — you know, if at some point — Im going to be here all afternoon — if at some point there's another line of questioning that you find inappropriate, I'm happy to talk to Page 28 I everyone. But right now, those are fair 2 questions. And then ultimately I will make the 3 decision later whether or not they're 4 admissible. But Mr. Gray, from the questions 5 that Mr. Wells has told me, sir, you do need to 6 answer those questions, please. All right? 7 THE WITNESS: Okay. Understood. 8 THE COURT: I'll be here all afternoon. 9 This is myjob, to handle things like this, so 10 give me a call if you need me. Okay? I I THE WITNESS: Okay. Thank you. 12 MR. WELLS: Thank you very much, Your 13 Honor. 14 THE COURT: Have a great day. rm going to 15 hang up. Bye-bye. 16 (Phone call ended.) 17 BY MR WELLS: 18 Q Mr. Gray, given Judge Norton's rulings, let 19 me pose the question one more time. From your 20 activities with Photography Is Not A Crime and your 21 activities seeking Transparency In Government, have 22 you derived any income? 23 A I have not derived any income from 24 Photography is Not A Crime. I have derived income 25 from my YouTube channel. Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 29 I Q From what? 2 A YouTube channel. 3 Q Honor Your Oath? 4 A Correct. 5 Q Have you derived any income from any of the 6 activities in seeking public records? 7 A Have I derived any income from -- no. 8 Q Your YouTube site, Honor Your Oath -- 9 A Yes, sir. 10 Q -- how do you derive income from that? I I A Through monetization of the videos. 12 Q Do you sell those; do people access them; do 13 they pay a fee? 14 A When you monetize a video on YouTube, what 15 you do is, when you publish it, you can click on the 16 selection that gives you the opportunity to monetize 17 videos. 1 click on that and ask YouTube to monetize 18 it for me. If they approve the video for 19 monetization, what they do is they overlay ads on the 20 videos. And then you get a percentage per view of the 21 ads. 22 Q So when somebody clicks on that YouTube 23 site, if you will, and YouTube is running ads for each 24 person who views that site, YouTube sends you a 25 percentage -- or some money? Page 30 1 A Per views, yes. It's a certain 2 percentage — I'm not sure exactly what the percentage 3 is -- per view. 4 Q And you've been doing that since October of 5 2013? 6 A No. I've been doing that-- I can't recall 7 exactly when I started monetizing videos. Sometime in 8 2013 is when I started monetizing them. 9 Q My question was poor and I apologize. That 10 has been your sole source of income since October of II 2013? 12 A My sole source of income since October of 13 2013? No. 14 Q What other sources of income have you had 15 since you left Winn-Dixie? 16 A When I left Winn-Dixie, I cashed in my 17 401(k) and I lived offthat for a while. And I also, 18 through public records requests, I do receive 19 settlements. 20 Q You receive settlements? 21 A Yes. 22 Q From whom? 23 A Whatever vendor that I sue. 24 Q Whatever vendor you sue? 25 A Yes. Page 8 (Pages 29-32) Page 31 I Q Are the settlements paid to you, or are they 2 paid to your attorneys and then from the attorneys to 3 you? 4 A They are paid to the attorneys and then to 5 me. 6 Q Okay. Is that — are those settlements a 7 percentage of what the attorneys get? 8 MR TAYLOR: I would have to object to 9 that. That has to do with our -- any fee 10 agreements that we have and that's I I attomey/client privilege. So I have to instruct 12 him -- 13 MR. WELLS: You're seeking attorneys' fees 14 in this case, so it's not privileged. 15 MR. TAYLOR: But you're talking about fees 16 in the past. There's been no settlement here. 17 So, again, you're asking him whether there was a 18 settlement in the past and the percentage that -- 19 MR. WELLS: No. I'm asking if his source of 20 income from these settlements is a percentage. 21 He's already said that the fees come from you. 22 (The following question was certified.) 23 BY MR. WELLS: 24 Q Do the -- the complaint that you filed in 25 this case against PACE does not seek damages; it only Page 32 I seeks attorneys' fees. Do you get -- in these 2 lawsuits that you filed, do you get a portion of the 3 attorneys' fees that are paid to your attorneys? 4 MR. TAYLOR: Again, I would have to object. 5 That has to do with our fee agreements. That's 6 attomey/client privilege. 7 MR. WELLS: Are you instructing him on that 8 one? 9 MR. TAYLOR: I am on that one. Yes. t0 MR. WELLS: Certify the question, if you II would. 12 BY MR. WELLS: 13 Q I had also asked you if your wife was 14 employed outside the home. 15 A Are you saying is she employed outside the 16 home? 17 Q Yes. 18 A No. 19 Q Does she work in the home other than in her 20 role as a wife and mother? 21 A She sells items on Ebay. Other than that, 22 no. 23 Q Okay. Is she involved in any way in your 24 contributions to Photography Is Not A Crime or your 25 Transparency In Govemment activities? Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 33 1 A No. Other thanjust being my wife and 2 supporting me, no. 3 Q Does she ever accompany you on any trip you 4 make to request public records? 5 A Not that I recall. 6 Q Was there anything in your employment with 7 Winn-Dixie that caused you to leave as opposed to your 8 wanting to make contributions to Photography Is Not A 9 Crime and Transparency In Government? 10 A I'm not sure what you mean by that. 11 Q Did you have any issues on thejob, any 12 issues with your supervisor, any complaints about your 13 work at Winn-Dixie? 14 A No. I left on good terms. 15 Q Sir? 16 A I left on good terms. 17 Q Again, my question is: Did you have any 18 issues at work? You may have left on good terns, but 19 did you have problems on the job in any way? 20 A No. 21 Q You've mentioned that you randomly find 22 police officers behaving badly. Have you ever been 23 arrested? 24 A I've been arrested twice. 25 Q Where? Page 34 1 A 1 was arrested in Brevard County and 1 was 2 arrested in Bradford County. I believe that's where 3 Lawtey is. I was arrested by the Lawtey Police 4 Department. 5 Q Have you ever been convicted of any crime -- 6 A No. 7 Q — other than minor traffic offenses? 8 A No. 9 Q Were the arrests in Brevard County and in 10 Lawtey related to your filndng police officers? I I A Yes, they were. 12 Q Was the filming of your own arrest posted or 13 sent to whatever — Photography Is Not A Crime? 14 A It was -- I post my videos on YouTube. And 15 if Carlos Miller is interested in the videos, he'll 16 contact me and ask me if he can publish them on 17 Photography Is Not A Crime, so he just gets the link 18 off the YouTube. 19 Q Do you know Mr. Miller's address? 20 A I don't know his address off the top of my 21 head. 22 Q Do you know an email address for him off the 23 top of your head? 24 A No. I have it on my phone. I can get it 25 off my phone. Page 9 (Pages 33-36) Page 35 I Q If you don't mind. 2 A It is carlosmiller — all one word -- 3 c-a-r-I-o-s-m-i-I-I-e-r@magiecity. It's 4 @magiccitymedia. 5 Q Magiccity@magiccitymedia? 6 A Yes. 7 Q Thank you. Okay. Mr. Gmy, in addition to s the lawsuit you have filed against my client, 9 Practical Academic Cultural Education Center for to Girls, Inc. -- is it okay with you if we refer to that I I as PACE -- 12 A Yes. 13 Q --so that throughout the deposition, if I 14 refer to PACE, you'll know I'm referring to that 15 entity, okay? 16 A Understood. 17 Q In addition to your lawsuit against PACE, 18 have you filed suits against any other entities 19 related to your transparency in government mission? 20 MR. TAYLOR: Objection to form. 21 THE WITNESS: Yes, l have. 22 BY MR. WELLS: 23 Q Do you know how many? 24 A I don't recall how many, no, not off the top 25 of my head. Page 36 I Q Can you give an estimate somewhere; is it 2 10,20,30,40? 3 A An estimate, 30. 4 Q Okay. Do you recall the date — approximate 5 date of the first one that was filed in your name? 6 A Do I recall the approximate date of the 7 first one that was filed in my name? No, I don't. 8 Q To your knowledge, have all of the 9 approximate 30 lawsuits that you have filed been filed 10 in calendar year 2014? 11 A Yes. 12 Q Can you tell me approximately how many you 13 have filed in Duval County? 14 A Approximately in Duval County? 15 Approximately eight. I don't have that information in 16 front of me. 17 Q You reside in St. Johns County. Have you 18 filed any there? 19 A In St. Johns County? No. 20 Q Can you tell me what other counties besides 21 Duval you have filed lawsuits in? 22 A Ones that — let's see, t know that I've 23 filed in Duval. i know that I've filed in Broward 24 County. No; I can't recall off the top of my head. 25 Q You say you filed in Duval and you think you Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 37 1 filed in Broward? 2 A Yes. 3 Q Do you know if you filed any in Flegler 4 County immediately south of St Johns? 5 A Pm not sum. I'm not sure which ones I 6 filed. I would have to access my information. 1 7 don't have that with me, my files. 8 Q Okay. Are the lawsuits that you have 9 filed — approximately 30, all in calendar year 10 2014 -- based on your persoml visit to offices where I1 requests for public records are made? 12 A Yes. 13 Q So all of the lawsuits you filed involve 14 requests for public records? 15 A Yes. 16 Q Other than public records lawsuits, have you 17 filed my other lawsuits in the calendar year 2014? 18 A Not that I recall, no. 19 Q Have you been involved in my lawsuits at 20 my time in the last ten years other than the public 21 records lawsuits that you've identified? 22 A No. 23 Q Now you indicated earlier that the contract 24 that you had reviewed in connection with PACE you 25 believe was from the Department of Children and Family Page 3a 1 Services or something like that. Do you know how many 2 of your lawsuits involve that particular agency? 3 A Not that I recall, not specifically; no, not 4 off the top of my head. 5 Q Do you know the names of my other agencies 6 who had contracts with entities, such as PACE or other 7 entities, which formed the basis of your lawsuits? 8 A You're speaking agencies, the state 9 agencies? 10 Q Yes. 11 A I filed with agencies of FDOT, Department of 12 Children and Families, Department of Health. 13 Q Okay. 14 A That's the ones I can think of right now 15 that I filed. 16 Q Okay. Let me go back a moment Your 17 decision to leave Winn-Dixie and to get involved in 18 journalism, with Photography Is Not A Crime and 19 transparency in government, was there some type of 20 event or circumstance that led you to do that, 21 something that happened to you or that happened to 22 someone else that you were close to? 23 A No. Just the passion that I have for the 24 activism that I'm pursuing, the accountability of 25 government. Page 10 (Pages 37-40) Page 39 I Q Okay. It's just something thatjust 2 developed naturally? 3 A Yeah. Civil rights, access to public 4 records and transparency in government, the right to 5 film government officials. 6 Q I guess perhaps another way took it is: 7 Were you attempting to either obtain a public record 8 or film a government official and you were restricted 9 in some fashion and that led you to want to do this on 10 a full-time basis? 11 MR. TAYLOR: Objection. Asked and answered. 12 THE WITNESS: I'm sorry. 13 MR TAYLOR: My objection was asked and 14 answered. 15 THE WITNESS: There was no specific event, 16 no. Just like I said its just general — you 17 know, the right to know what's going on in 18 government, the right to film government 19 officials doing their jobs and transparency and 20 accountability, where the money is going, what's 21 going on with it 22 BY MR. WELLS: 23 Q Were you involved in those activities prior 24 to your departure from Winn-Dixie? 25 A Yes. Page 40 I Q For how long? 2 A I started my YouTube channel in 2011. And 3 that's about how long, since about 2011, so my 4 activities started roughly the same time that my 5 YouTube channel started, 2011. 1 believe it was 6 January of 2011. 7 Q And your YouTube channel is Honor Your Oath? 8 A That's correct. 9 Q And you can think of no event or 10 circumstance that led you to start that other than 11 your interest in government responsibility? 12 MR. TAYLOR: Again, objection. Asked and 13 answered 14 THE WITNESS: Yes. 15 BY MR. WELLS: 16 Q Pardon mel 17 A Yeah. Just general. 18 Q I've asked you about a number of lawsuits. 19 Is Mr. Gray — Mr. Taylor's firm representing you in 20 all of those lawsuits? 21 A No. 22 Q Of the approximately 30 that you think you 23 may have filed, how many is his law firm involved in? 24 A Approximately — approximately 25 m 30. 25 Q How many other law firms are representing Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 41 I you in your public records litigation? 2 A One other law firm is representing me. 3 Q And who would that be? 4 A That would the Abraham Shakfeh Law Firm. 5 Q Where is he located, or that law finn — is 6 that one name? 7 A Abraham is his first name. Shakfeh is his 8 last name. 9 Q Abraham 9hakfeh is the name of an 10 individual? 11 A Correct. 12 Q Can you spell Shal:&h for this lady? 13 A Just a second. Shakveeh (sic) is spelled 14 S -h -a -k -v -a -e -h. 15 Q S -h -a -k -v- — 16 A E -e -h. 17 Q Okay. Thank you. Other than Mr. Taylor, is 18 there anybody in the O'Boyle Law Finn that is working 19 with you on any of these cases? 20 A Yes. 21 Q Who would that be? 22 A Giovanni Mason. 23 Q Did you approach the O'Boyle Punt to 24 represent you, or did they approach you? 25 A I approached them. Page 42 1 Q How did you know about the O'Boyle Law Firm? 2 A How did I know about the O'Boyle Law Firm? 3 Through a friend of mine. 4 Q Who is that? 5 A Joel Chandler. 6 Q How do you know Joel Chandler? 7 A Joel Chandler is a good friend of mine. He 8 is equally passionate about open government, open 9 records transparency. to Q I apologize. Did you give me the name of 11 somebody else in the O'Boyle Law Firm? 12 A Giovanni Mason. 13 Q Okay. You did. Cm sorry. Do you know, 14 between Mr. Taylor and Mr. Mason, how many lawsuits 15 they are representing you on; how many is Mr. Taylor 16 representing you and how many Mr. Mason is 17 representing you? 18 A I do not. I don't know specifically. 19 Q Do you request a specific attorney? 20 A No, I do not. 21 Q Who else in the OBoyle Law Firm have you 22 communicated with? 23 A Who else in the — the receptionist, 24 Beth Kanaly; Nick Taylor, Giovanni Mason; Bill Rayne 25 (phonetic). Page 11 (Pages 41-44) Page 43 1 Q You said Rayne. Is that Ring? 2 A Rayne. I'm not sure how to spell his last 3 name. Bill Rayne. 4 Q Anyone else? 5 A There are, but I can't recall their names. 6 Q Have you been to the offices of the O'Boyle 7 Law Firm? 8 A I have. 9 Q How many times? 10 A Three, maybe four times. 11 Q In your lawsuit that you filed against PACE, 12 one of the claims you're making is for attorneys' 13 fees. You've indicated earlier that you get some 14 income from the settlements. Do you know of any of 15 the lawsuits filed on your behalf in which you have 16 sought damages for yourself other than through 17 attorneys' fees? 18 A Yes. 19 Q Which ones? 20 A I can't recall specifically which ones off 21 the top of my head I'm not sure which ones; I'm not 22 sure. I would have to have my files in front of me to 23 be able to see that. 24 Q Okay. So you have a file with all of the 25 lawsuits in them? Page 44 1 A Yes, yes. 2 Q You maintain that file in St. Augustine? 3 A I do. 4 Q And so you believe that in that file you 5 have a copy of each complaint in which you have sought 6 damages for yourself that's set forth in those 7 complaints? 8 A Yes. I believe so. 9 Q Okay. Do you have a written fee agreement 10 with the O'Boyle Law Firm and Mr. Shakfeh? I I A I have a written fee agreement with Shakfeh 12 and I do with — yes — O'Boyle. 13 Q Is that for each lawsui4 or is that just a 14 standard fee agreement? 15 A It is a standard fee agreement 16 Q So you don't have approximately 30 different 17 fee agreements with them? 18 A No. 19 (fbe following question was certified.) 20 BY MR. WELLS: 21 Q Is your arrangement with your attorneys on 22 an hourly basis? 23 MR. TAYLOR: 1 would object to that 24 Whether it is or not, that's attomey/client 25 privilege. It has to do with our fee agreement Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 45 1 with Mr. Gray. 2 MR. WELLS: Mr. Taylor, you're seeking 3 attorneys' fees in this case. And in order to 4 prove any attorneys' fees, you're going to have 5 to prove how you get them. So if you want to 6 object now and instruct him not to answer, that's 7 fine, but we will then object to your seeking 8 attorneys' fees in the unlikely event you prevail 9 in this case. to MR. TAYLOR: The attomeys' fees are II provided for by Chapter 119. But that aside, 12 yes; I am instructing my client not to answer 13 based on the fact we object based on 14 attorney/client privilege. 15 MR. WELLS: Okay. Would you certify that 16 question? 17 BY MR. WELLS: 18 Q In connection with — strike that. Of the 19 approximately 30 lawsuits that you have filed You've 20 indicated this is the first deposition you've ever 21 given. 22 A That's correct. 23 Q So do I assume from that that you have not 24 given a deposition in any of those other cases? 25 A No, I have not. Page 46 1 Q Have any of those other cases gone to trial? 2 A No. 3 Q Of the approximately 30 cases that have been 4 filed on your behalf, can you tell me approximately 5 how many of them have settled? 6 A Approximately how many of them settled? 7 Approximately — I'd say about six -- between six and 8 eight have settled. 9 Q In Duval County, can you tell me — I think 10 you said approximately eight have been filed here. 1 I Can you tell me how many in Duval County have settled? 12 A Duval County? Two. 13 Q Okay. Does your — strike that. In 14 connection with any of the lawsuits that you have 15 filed in which the O'Boyle Firm has represented you, 16 have you made payment for attomeys' fees to the firm? 17 A No. IS Q Of those cases that have settled, can you 19 tell me how many of them involve claims by you for 20 damages other than for attomeys' fees? 21 A ren sorry. 22 Q Of those cases you believe have settled, can 23 you tell how many of them settled with a payment of 24 damages to you as opposed to a settlement based on 25 attorneys' fees? Page 12 (Pages 45-48) Page 47 I A I don't recall specifically, no. 2 Q In connection with your activities and 3 seeking public records from different entities, aside 4 fmm whatever payments you may get out of the 5 settlements, do you get reimbursed for any expenses? 6 A No. 7 Q You don't get mileage or airfare -- 8 A No. 9 Q — or anything like that? How are the 10 payments that you gel from the settlements — strike I I that. How do you document payments you get from these 12 settlements? 13 A How do I document? 14 Q Yes, sir. Do you have Quickbooks; do you 15 have any kind of a journal; do you have a ledger that 16 you maintain records of whatever you receive? 17 A My recotdkeeping is pretty sloppy, to be 18 honest with you. I have a folder at home where I keep 19 the check and I just write down which vendor settled 20 and I put it in a folder. 21 Q Okay. Are your activities in seeking public 22 records from different agencies — and I think you 23 used the word vendors — do you work with someone? 24 You mentioned Mr. Covenant. Is there anybody else 25 other than Mr. Covenant that you worked with when Page 49 1 you - 2 A What you domean by workwith? 3 Q When you go to an agency or to a vendor, are 4 you always accompanied by someone? 5 A Not always, no. 6 Q What percentage of the cases that you've 7 been involved in have you been accompanied by someone? 8 A A percentage? I would say the majority of 9 the cases that I've been involved in someone is 10 usually with me. I l Q Okay. Of those in which you have been 12 accompanied, how many of those have been Mr. Covenant? 13 A I don't know. I haven't kept track of that 14 Q Whcro does Mr. Covenant live? 15 A He lives in Jacksonville. 16 Q Do you know his address? 17 A IVs one of thou things I know where he 18 lives, but I don't knew his street address. No, sir, 19 1 do not 20 Q Is there anyone in the Jacksonville area, 21 other than Mr. Covenant, who has accompanied you on 22 any of you trips in which you have requested public 23 records? 24 A In the Jacksonville area? Not that I 25 recall. Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 49 I Q Can you give me the time of anyone else in 2 any other area who has accompanied you on your trips 3 for requests for public records? 4 A In any other area? Joel Chandler, 5 Carlos Miller. 6 Q Okay. Where does Mr. Chandler live? 7 A Mr. Chandler lives in Lakeland, Florida. 8 Q To your knowledge, do individuals like 9 Mister -- strike that. On any of the public records 10 requests that you have been on, has the interaction 11 with the government agency or vendor been by you 12 primarily, or are there occasions in which 13 Mr. Covenant or Mr. Chandler or Mr. Miller has 14 actually made some public records requests? is A The majority of the time, it is usually 16 myself or Joel Chandler. I believe Mr. Covenant has 17 requested records -- I'm not sure how many times — 18 but it's usually Mr. Chandler or me that does the 19 public records request. 20 Q Has Mr. Chandler been involved in any public 21 records requests in Duval County? 22 A Yes. 23 Q Which one? 24 A I'm not for sure. You mean with me? 25 Q Yes, with you. Page 50 I A Which one? I would have to access my 2 records to see which ones. He was not with me with 3 PACE. 4 Q What kind of records do you maintain that 5 would show you whether Mr. Chandler was with you on 6 any given occasion, or Mr. Covenant, or Mr. Miller? 7 A Well, the videos show whether he was with me 8 or not. 9 Q Videos, multiple? 10 A Yes. 1 I Q Do you video each request you make? 12 A I do. 13 Q Do you know if on those occasions in which 14 Mr. Covenant accompanies you but does not — is not 15 the one who actually makes the request, does 16 Mr. Covenant get some type of compensation for his 17 work? 18 A No. 19 Q Do you know if any lawsuits have been filed 20 in Mr. Covenant's name? 21 A I do not. No. 22 Q Do you know if any lawsuits have been filed 23 in Mr. Millers name? 24 A Mr. Miller's name regarding public records 25 specifically? Page 13 (Pages 49-52) Page 51 I Q Yes. 2 A I do not. 3 Q Do you know if Mr. Chandler has been the 4 plaintiff in any cases of public records in which the 5 O'Boyle firm is representing him? 6 A 1 believe he has. Yes. 7 Q Speaking of Mr. Chandler, are you familiar 8 with the Citizens Awareness Foundation? 9 A Yes. 10 Q Okay. Do you play any role in the Citizens it Awareness Foundation? 12 A No. 13 Q You're not employed by the Citizens 14 Awareness Foundation? 15 A No. 16 Q You're not on the board of directors? 17 A No. I8 Q You're not a founder of Citizens Awareness? 19 A No. 20 Q You don't receive any compensation from 21 Citizens Awareness? 22 A No. 23 Q Is Mr. Chandler involved with Citizens 24 Awareness? 25 A I believe Mr. Chandler has resigned from Page 52 1 Citizens Awareness. 2 Q What did he resign from; was he employed by 3 Citizens Awareness or — 4 A I believe he was employed, yes. 5 Q Do you know where the offices of Citizens 6 Awareness is? 7 A I do not. 8 Q Sir? 9 A Somewhere in Miami, I believe, Deerfield or 10 Miami. I I Q Have you ever been to those offices? 12 A No. I have not been to Citizens Awareness 13 offices, no. 14 Q I apologize. I'm old. My sight's good, but 15 my hearing's not very good. If you could speak up 16 just a little bit. 17 A I have not been to Citizens Awareness 18 offices as far as I know unless... 19 Q But you have been to the offices of the 20 O'Boyle Law Firm? 21 A Right. 22 Q Do you know who founded Citizens Awareness? 23 A The founder of Citizens Awareness? 24 A No. 25 Q Do you know anybody who does serve on the Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 53 1 board of directors of Citizens Awareness? 2 A Do I know anybody who serves on the board of 3 directors of Citizens Awareness? I don't know who the 4 board of directors are for Citizens Awareness. 5 Q And you currently have no agreements that 6 you're aware of with Citizens Awareness Foundation? 7 A No, no. 8 Q Have you ever had any type of agreement or 9 formal relationship with Citizens Awareness? to A No. 1I MR WELLS: We'll take about a 10 -minute 12 break. 13 (Brief break.) 14 BY MR. WELLS: 15 Q I meant to ask you, Mr. Grey — you 16 indicated you were introduced to the O'Boyle Firm by 17 Mr. Chandler. 18 A Uh-huh. 19 Q How did you meet Mr. Chandler? 20 A I met Mr. Chandler at Firehouse Subs on 21 Beach Boulevard. We had — I had admired his work 22 with FOG Watch, Florida Open Government Watch. 23 Contacted him by email. He was in Jacksonville 24 visiting his brother, I believe is what it was. And 25 he admired my work and what I did on YouTube, so we Page 54 1 met at Firehouse Subs and had lunch. 2 Q When? 3 A When? About— I'mjust not sure exactly 4 when it was, but it was 2013, around Jane of 2013 or 5 so. 6 Q Okay. Did Mr. Chandler ever suggest to you 7 that you leave Winn-Dixie and take up Photography Is 8 Not A Crime and transparency in government — 9 A No. 10 Q — as full-time — 11 A No. 12 Q Did Mr. Chandler introduce you to 13 Mr. Abraham Shakfeh? 14 A Yes. 15 Q Do you know if them's any type of 16 relationship or arrangement that you're aware of 17 between Mr. Shakfeh and the O'Boyle Firm? 18 A No. 19 Q You indicated that Mr. Chandler had resigned 20 from Citizens Awareness. 21 A Correct. 22 Q I may have asked you — if I did, I 23 apologize — do you know when? 24 A Do I know when? 25 Q Yes, sir. Page 14 (Pages 53-56) Page 55 I A I believe — Pm thinking it was last 2 month. It was sometime in July. I'm not sure exactly 3 when. 4 Q Do you know why he resigned? 5 A I'm not really sum why. 1 think he made a 6 statement on FOG Watch about it. 7 Q On FOG Watch? 8 A Yes sir. 9 Q F -o -g W -a -t -c -h? l0 A It's an acronym for Florida Open GovemmenL I l Q Okay. Did you read the statement he made on 12 FOG Watch? 13 A I did. I believe it said something about 14 them was differences, irreconcilable differences, I 15 believe, was what it was in the goals that were set. 16 But other than that, I'm not really sure. 17 Q Irreconcilable differences in the goals that 18 were set? 19 A Yes. 20 Q Have you had any conversations with 21 Mr. Chandler about resigning from Citizens Awareness? 22 A No. 23 Q Were you aware, prior to his resignation, 24 that he was — that them were irreconcilable 25 differences? Page 56 1 A No, not really, no. 2 Q How often did you and Mr. Chandler speak? 3 A How often did we speak? We'd speak, you 4 know, once every two weeks or something. 5 Q Before he resigned, did you speak every two 6 weeks or so? 7 A Yeah. 8 Q Since he's resigned, have you spoken every 9 two weeks or so? 10 A Yes. 11 Q And you've not had a conversation about why 12 he resigned? 13 A No. He doesn't really want to talk — get 14 into any specifics about it or anything like that. 15 He's mentioned that he resigned, but he hasn't 16 expressed any details as to why or anything like that. 17 Q Do you know what he did with Citizens I8 Awareness Foundation? 19 A Mr. Chandler was —1 believe he was the 20 chairman of Citizens Awareness Foundation. 21 Q Okay. Chairman? 22 A I believe so. I'm not really sure. 23 Q Okay. I think you said you thought Citizens 24 Awareness was somewhere near Miami. 25 A Uh-huh. Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 57 I Q And Mr. Chandler lives in Lakeland? 2 A Correct 3 Q Did he go to the offices of Citizens 4 Awareness to work, or do you know? 5 A I believe he traveled, yes, between his home 6 and Miami. 7 Q Okay. Is Mr. Chandler, to your knowledge, 8 still involved in public records requests? 9 A Yes, he is. 10 Q Do you know if he is represented in anyway 11 currently by the OSoyle Firm? 12 A I do not know. 13 Q Do you know if he's represented currently by 14 Mr. Shakfeh? 15 A I do not know. 16 Q From reading the complaint in this case 17 involving PACE, I have gleaned from that that you 18 visit agencies or vendors, as you call them. Do you 19 consider PACE a vendor? 20 A Yes. 21 Q Okay. When you visit an agency or a vendor, 22 you generally have a contract — 23 A Yes. 24 Q —of some sort that either the agency has 25 or the vendor has with an agency; is that correct? Page 58 1 A That's correct. 2 Q Where do you get the contract? 3 A I get the contract offline from the 4 government website. 5 Q Which governmentwebsite? 6 A Man, I can'tthink of it right now. rm so 7 bad about this. I'm sorry. The CFO website, the 8 government website where this all — you get it from 9 the Attorney General website and the CFO website, just 10 go on there as a public record. 11 Q Do you get those, or does somebody get them 12 for you? 13 A I get them and sometimes Thomas gets them 14 for me. is Q Sometimes who? 16 A Thomas. 17 Q Thomas? 18 A Covenant 19 Q So either you or Mr. Covenant does a search 20 online for government contracts — 21 A Uh-huh. 22 Q — through various government agencies; is 23 that correct? 24 A Through various government — yes, yes. 25 Q No one provides you with those contracts? Page 15 (Pages 57-60) Page 59 1 A No. 2 Q Tell me how you do a search. How did you 3 find the contract involving PACE? 4 A The contract involving PACE, Thomas found 5 it — Thomas Covenant found it He seat it to me by 6 email. And we looked at it and it was in 7 Jacksonville, so it was close by. Thomas found it for 8 me. 9 Q And he sent it to you by email? 10 A Correct 11 Q Other than Mr. Covenant, has anyone else 12 ever assisted you in locating a contract with a state 13 agency or the vendor? 14 A Joel Chandler. 15 Q Anyone else? 16 A Not that f recall. Just Thomas and Joel. 17 Q It's your testimony today that nobody in the 18 O'Boyle Firm has assisted you in finding contracts 19 with the State of Florida? 20 A Nobody in the O'Boyle Firm has ever assisted 21 me in finding contracts in the State of Florida. 22 Q Has any attorney ever assisted you? 23 A No. 24 Q Nobody other than Mr. Covenant and 25 Mr. Chandler and you have been involved in identifying Page 60 1 and downloading contracts with state agencies? 2 A What do you mean by that? I mean, I don't 3 know if anybody else has done it 4 Q That you have utilized in your efforts? 5 A That's correct Just me, Thomas and Joel. 6 Q Okay. Did anybody tell you how to do that? 7 A Did anybody tell me how to do it? No. 8 Q Okay. It's just something you kind of 9 learned on your own? 10 A Yeah. 11 Q When you locate a contract with a government 12 agency, how do you determine what records are involved 13 in the contract? 14 A How do we determine what records are 15 involved in the contract? Specifically, with the 16 example of PACE, I look at the contract online, see if 17 the contract is active. We look for the public 18 records language in the contract And if it says in 19 the public records language — if it says in the 20 public records language in the contract, if it says 21 that the vendor, as I call them, is subject to public 22 records, we decide to go do a public records request 23 Q Is it not your experience, in looking at 24 contracts with state agencies or any government 25 agency, that there's language in there requiring the Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 61 I agency or the entity to comply with public records 2 law? 3 A Yes. It is -- in the contract, it 4 specifically does state that they are required to 5 comply with the records language, if the 119 language 6 is there. 7 Q So how do you determine what document you 8 want to request? 9 A How do I determine what document? Just to whether it's public record or not, if it's a part of I I the contract, if it falls under the definition of 12 public records. 13 Q Okay. Does anyone assist you in determining 14 what document to request that may be part of a 15 contract that you have reviewed? 16 A Does anyone assist me? No. I made that 17 determination myself. 18 Q So can you tell me how many government 19 contracts you have reviewed in calendar year 2014? 20 A Calendaryear- 21 Q I'm not limiting it to state — any 22 governmental entity whatsoever. 23 A So you're talking about contracts between 24 the government -- any agency and a vendor? 25 Q Well, it's my understanding you don't limit Page 62 1 your public records request to vendors. 2 A Right. 3 Q You go to government agencies and make 4 requests? 5 A Yeah. But the government agencies don't 6 have contracts. 7 Q But they have documents? 8 A Yeah, they have documents. I wasn't sure 9 what you mean. 10 Q For right now, we'll limit it. How many I I contracts have you reviewed that any government agency 12 has with a vendor, such as PACE, in calendar year 13 2014? 14 A I would say approximately 50. 15 Q And of that approximate 50, you filed suit 16 on approximately 30? 17 A Appmximately30. 18 Q Okay. And you review --you have reviewed 19 all 50 of these contracts approximately to determine 20 if they're subject to Chapter 119? 21 A Comet. 22 Q And you have reviewed approximately all 50 23 contracts in order to determine what documents to 24 requesf7 25 A No. I'm reviewing the contract just — Page 16 (Pages 61-64) Page 63 I whether it's subject to Chapter 119 or not. And the 2 contract don't necessarily, you know, help me 3 determine which record i want because it's whatever 4 falls under the definition of public records is what 5 I'll ask for. 6 MR. WELLS: Ms. Silverberg, would you read 7 that last question and response back? 8 (The last question and answer was read back.) 9 BY MR. WELLS: 10 Q I'm not sure I understand that, Mr. Gray. I I You get a contract that a vendor has with a government 12 agency; you download it? 13 A Uh-huh. 14 Q You get a hard copy? 15 A Correct. 16 Q And you review the contract to make sum -- 17 or to determine if there is a public records 18 compliance requirement in the contract? 19 A Correct. 20 Q Then you take that contract to a vendor? 21 A If Pm determined to go to the vendor, yes; 22 typically, I will have the contract. I like to have 23 the contract in my hand. 24 Q So you make a determination that you're 25 going to go visit ABC vendor? Page 64 I A Yes. 2 Q And you ask for what when you go to ABC 3 vendor? 4 A Just whatever comes in my mind when I'm 5 going in there, whatever is in relation — whatever 6 documents are created and are received in relation to 7 that contract that they have with the State. So it 8 could be anything from the signatory page of the 9 contract itself, if the contract requires -- which 10 they all do -- they all require that there be adequate I I liability insurance, I'll ask to inspect and 12 photograph a copy of the liability insurance 13 certificate. Sometimes I'll ask for the most recent 14 invoice. Just whatever records are created or 15 received in conjunction with the specific contract 16 that I'm visiting the vendor with. 17 Q Do you know anyone who uses the email name, 18 a -n -o -n -a -m -a, Anonama? 19 A Not that I recall, no. 20 Q Okay. 21 A What is it again, A -n -- 22 Q A -n -o -n -a -m -a. Two words. 23 A No. 24 Q The answer to my preceding question was kind 25 of what I was looking for earlier. When you have Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 65 1 downloaded die contract and satisfied yourself that 2 Chapter 119 compliance is required, you than identify 3 something within the contract to ask the vendor for? 4 A IJh-huh. 5 Q How do you make the determination what to 6 ask for? 7 A How do I make the determination what to ask 8 for? Since I'm doing an in-person public records 9 request, what I typically do is I'll ask for the 1 o absolutely easiest thing for the vendor to comply with I 1 because I would like — like if I want to inspect and 12 photograph proof of liability insurance or the 13 signatory page of the contract, then I try to get the 14 easiest thing for them to comply with so that it 15 doesn't take a lot of effort on their part and I ask 16 for that. 17 Q How do you make a determination as to what 18 is the easiest thing for the vendor to comply with? 19 A Whether or not they have to do a lot of work 20 to go get it, whether or not it's easily accessible, 21 whether or not there's any redactable information on 22 it that's required by Florida Statute 119, you know, 23 things like that. 24 Q But if you're not familiar with an agency or 25 a vendor, how do you know what's accessible? Page 66 I A How do I know what's accessible? Based o0 2 if its created or received in relation to the 3 contract, the vendor contract It's the public 4 records law. 5 Q How many of the 50 contracts — 6 approximately 50 contracts that you downloaded have 7 you actually visited an agency or vendor to request 8 documents from? 9 A Like 1 said, l believe there's been 30 to 40 10 that I've visited this year. 11 Q And of the — and you said you sued 12 approximately 30? 13 A Uh-huh. 14 Q And you've visited approximately 30 to 40 of 15 them. Would it be fair to say you've sued almost 16 everyone you visited? 17 A About half to the majority of them, yes. A 18 little more than half, yes. Some of them comply. 19 Q Pardon me? 20 A Some of them comply with no problem. 2[ Q Some of them comply what? 22 A With no problem. Some of them just comply 23 when you go in and ask for records. 24 Q Of the 30 or 40 that you have visited of 25 your approximate 50 contracts you have downloaded, how Page 17 (Pages 65-68) Page 67 I many of those requests have been for some type of 2 proof of insurance? 3 A I would say the majority of them are for 4 proof of insurance. When I go in, that's the document 5 I typically ask for is the proof of liability 6 insurance. I like to check and see if they have the 7 insurance required by the contract. 8 Q Of those approximately 30 to 40 vendors — 9 of the 30 to 40 you've mentioned, are they all vendors 10 like PACE? II A Correct. 12 Q Of whatever number you have visited, did you 13 give any of them a call in advance? 14 A No. 15 Q Did you communicate with any of them at all 16 in any form in advance prior to visiting whatever 17 office you visited? 18 A No. 19 Q Is there a reason for that? 20 A No. 21 Q How do you determine which vendors you're 22 going to visit? 23 A How do I determine which vendors I'm going 24 to visit? Well, like I said earlier, I look at the 25 contract I determine whether the contract is Page 68 I active. And then if it's a vendor that I'm interested 2 in, to see — to see if I want to check to see if they 3 are maintaining liability insurance or they're keeping 4 thew records like they're supposed to, I'll just go 5 to them. 6 Q What makes you interested in any particular 7 vendor? 8 A Any particular vendor? Nothing really 9 specific. There's nothing that makes me interested in to anyone vendor over any other. I just want to go see 11 if the records are there. 12 Q Well, in your prior answer, you said, If 13 it's a vendor I'm interested in. 14 A A vendor I'm interested in. 15 Q What do you mean by that? 16 A What do I mean by that, a vendor I'm 17 interested in? I don't know. Something that would 18 [Hake me interested is if I don't have to travel too 19 far to go to it, if it's in the local area 20 Q How far is Broward County from here? 21 A Broward County is — I'm not sure. I don't 22 know the exact mileage. 23 Q Did you file any lawsuits in Dade County? 24 A In Dade County? I believe I have. 25 Q You haven't filed any in St. Johns, have Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 69 1 you? 2 A No. 3 Q Okay. Do you know if there are vendors or 4 state contracts in your home county? 5 A I'm sure there are, but I haven't reviewed 6 any contracts that I can remember. 7 Q You haven't viewed any contracts between a e vendor and a state agency in St. Johns County; is that 9 correct? 10 A That's correct. I I Q You've indicated that you have a file with 12 all the complaints that have been filed in your name? 13 A (Nods head.) 14 Q Is that a yes? 15 A I don't have all of them, no. I don't 16 have — because some of them, just quite frankly, have 17 not been sent to me. 18 Q They quite frankly what? 19 A They haven't been sent to me. I don't have 20 all of them, all of the complaints. 21 Q Okay. Do you maintain a log of each visit 22 you make to a vendor? 23 A Do I maintain a log? No. 24 Q Do you have a file of the contracts, these 25 approximately 50 contracts that you've downloaded and Page 70 t viewed? 2 A No, not all of them. I have — typically, 3 if I have a video, I will put the contract in a file 4 with the video, I guess. 5 Q I thought 1 understood you to say earlier 6 that you had videoed every visit you've made to 7 request public records. 8 A I have. 9 Q So I assume then, from your immediately to prior statement, that you got a contract with each Ii video for all the visits you've made. 12 A Yeah. But I don't save all my videos and 1 13 don't save all my contracts. 14 Q Okay. 15 MR. WELLS: For the record, I would like 16 this to stand as a request for the preservation 17 of all evidence, specifically including videos, 18 that are still currently in existence or 19 obtainable. 20 BY MR. WELLS: 21 Q Have you deleted any videos? 22 A Yeah. 23 Q Do you know how many you have deleted? 24 A No. 25 Q Do you know of any particular agency or Page 18 (Pages 69-72) Page 71 I vendor where a video has been deleted? 2 A I have not deleted any videos where I have 3 filed suit on them. I do not delete — I have the 4 original video and the video that I put on YouTubc. 5 But other videos where I've gone into vendors and they 6 complied or they scheduled me to come back, I don't 7 keep every video that I record. 8 Q Scheduled you to come back. So there are 9 some vendors that have asked you to come back? 10 A Yes. 11 Q And do you do that? 12 A I have sometimes come back. Yes. 13 Q Why do they ask you to come back? 14 A They'll ask me to come back because maybe 15 the person is not there that has the contract, or the 16 person that's designated as the contract -- the person 17 that's designated as the contact person. 18 Q Okay. So there are circumstances where the 19 person who might be in charge of the contract is not 20 available? 21 A Uh-huh. 22 Q Have you encountered situations where 23 whoever might be responsible for the contract or in 24 charge of the office or whatever is not available, 25 because of prior commitments, given the fact you Page 72 I haven't given notice of your intent to visit? 2 A Yes. 3 Q In those situations, do you go back when the 4 person is available? 5 A As a matter of fact, with PACE, I went 6 back. I went there and I requested it. They said 7 that the person was not available; Can you come back 8 later? I said, What time can you expect the contact 9 person to be there? And they said, Well, come back 10 later this afternoon. I can't remember exactly when I I it was. So I came back later that afternoon. 12 Q Did you video both visits? 13 A I don't recall if I videoed both visits or 14 not. I don't recall. 15 Q Mr. Taylor has provided me, I think — I 16 really haven't looked at it — I think it's just one 17 episode, if I understand it. 18 A Uh-huh. 19 Q Is that a yes? 20 A Is that a yes about what? 21 Q There's only one episode? 22 A Yeah. 23 Q You only videoed one encounter, if you will, 24 at PACE? 25 A That's correct. Yes. Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 73 I Q Do you know if the video you made at PACE 2 was of the first visit or the second visit? 3 A It was the second visit. 4 Q The second visit? 5 A Yes. 6 Q Okay. When you visit a vendor, do you ask 7 for anyone in particular when you get there? a A Usually I try to ask for a person, if it's 9 what's listed on the contract, I try to ask for the to contact person that says the contact person where the 11 administrative records are stored is and it will give 12 a name. And I'll typically try to ask for that 13 person, or the public records coordinator, or whoever 14 you guys have to handle public records requests. 15 Q Did you do that with PACE? 16 A I don't recall specifically if I did. I 17 would have to review the video again. I don't recall. 18 Q Why do you video what you're doing? 19 A Why do I video? To document the public 20 records request. 21 Q We refer to video. In whatever filming you 22 do, do you also include audio? 23 A Yes. 24 Q So what Mr. Taylor sent me is not only a 25 video of your encounter with the folks at PACE, but it Page 74 1 also includes audio? 2 THE WITNESS: Is that what you sent him? 3 MR. TAYLOR: It was my understanding that 4 it's both. rm saying it was — I'm showing what 5 we sent you was video and audio. If you didn't 6 get either one, we can certainly — 7 MR. WELLS: I have intentionally not — I 8 mean, l opened — I saw the bit about what it was 9 and then I shut it down because I wanted this to 10 be— 1 l MR. TAYLOR: Okay. Understood. 12 THE WITNESS: It's always — whenever 1 do 13 video, it's audio and video. 14 BY MR. WELLS: 15 Q Okay. And Mr. Covenant was with you? 16 A Yes. 17 Q Is he shown on the video that you make? I8 A He may or may not be. If he walks in front 19 of the camera. 20 Q What kind of camera do you use when you 21 video? 22 A I use a Canon EOS camera because that's the 23 one that I also use to take a photo of the document 24 Q A Canon EOS, that has — and I'm totally 25 illiterate, okay — a Canon EOS has video and audio Page 19 (Pages 73-76) Page 75 1 capability? 2 A Correct. It looks like a still photo 3 camera, but it has — because that's what I use it 4 mainly for, is to photograph the documents also, and 5 it also has audio and video capability, yes. 6 Q Okay. Do you ever use any type of iPad, 7 mini pad, any kind of tablet kind of thing? 8 A I will occasionally use my Tad, yes, if 9 it's got — sometimes I don't have the contract to printed out and I'll just have the basic information 11 about the contract: The contract, the vendor — the 12 contract number, the vendor, who the vendor has the 13 contract with. And so that's what I use the Tod for. 14 Q When you make a request for a document, 15 pursuant to public records request and you are 16 videoing with audio, do you notify whoever it is that 17 you're doing that? 18 A No. 19 Q Do you obtain their consent to do that? 20 A No. 21 Q Is there a reason why you do not? 22 A No. 23 Q I know you're represented by counsel, but 24 have you ever considered the legality of obtaining 25 video and audio of someone without obtaining their Page 76 I consent? 2 A The legality of it? I know the public — 3 I'm not an attorney or anything, but I know the public 4 records law has a statute about the right to 5 photograph the records. And it says that the person, 6 when they are fulfilling a public request, they are 7 standing in the shoes of the State and the public 8 officials have no expectation of privacy while 9 performing their official public duties. to Q So it's your interpretation of whatever 11 provision you just read that that gives you the right 12 to obtain audio from that person without obtaining 13 consent, without providing notification? 14 A Yes. That's my interpretation. Is Q Have you ever tested the validity of that 16 interpretation anywhere? 17 A Tested the validity of it? 18 Q Yes, air. 19 A I'm not sure I understand what you mean 20 Q Have you ever sought advice of counsel as to 21 whether your interpretation is correct? 22 A Outside of advice of counsel? No. 23 Q Sir? 24 A No. 25 Q Has anyone ever objected to your using audio Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 77 1 in your videos? 2 A No. 3 Q Has anyone ever objected to your using 4 either audio or video? 5 A No. You're speaking -- videos, you're 6 talking about all of my videos? 7 Q I'm talking about has any particular 8 individual that is shown in any of your videos 9 objected to being displayed in your video — we'll 10 start with video -- in your public records request 11 activities? 12 A In my public records request activities? 13 Q Yes. 14 A With vendors, no. With public agencies, 15 yes. 16 Q Can you identify any public agency — public 17 agencies or public agency employees who have objected? 18 A Identify the individual, orjust the 19 agency? 20 Q What objection may have been made, who made 21 it? 22 A Let's see. Members of the Jacksonville 23 Sheriffs Office have objected. The Jacksonville 24 Agricultural Department has objected. The videos are 25 all on my YouTube channel. I would have to look at Page 78 1 them to see which ones specifically objected because 2 there are so many of them. 3 Q Have you ever deleted any videos or audio 4 pursuant to an objection by anyone? 5 A Deleted any videos or audio pursuant ton 6 objection? Pursuant to an objection, what do you 7 mean? 8 Q If anybody ever made an objection to the 9 video or audio, did you delete it when they made that 10 objection? I A No. 12 Q Under what circumstances have you deleted 13 any video or audio? 14 A Under what circumstances have I ever deleted 15 any audio or video of — 16 Q Of anyone in which you had been making a 17 public records request. 18 A I don't understand the question. 19 Q Okay. It's my understanding, Mr. Gray, that 20 every time you make a public records request you video 21 that request and that video is accompanied by audio; 22 is that correct? 23 A That's correct. 24 Q Has anyone ever objected to your having 25 videoed your request of that person in your making a Page 20 (Pages 77-80) Page 79 I public records request? 2 A Some public agency — people who work for 3 public agencies, yes, they have. 4 Q Okay. And as a result of those objections, 5 have you deleted any of those video or audio films 6 that you took? 7 A No. 8 Q You have not? 9 A No, not because somebody objected to them. 10 Q You have deleted some, but not because of 11 the objections? 12 A Correct. 13 Q And did I understand you earlier, the ones 14 you have deleted have been from the Jacksonville 15 Sheriffs Office and the Jacksonville Agricultural 16 something or other? 17 A Yeah -- no. Those aren't the ones I 18 deleted. Those are the ones that objected. 19 Q They objected, but you did not delete them? 20 A They objected -- I've done so many videos. 21 I've deleted some and I've published some. I don't 22 know specifically which ones I've deleted and 1 23 haven't deleted. I know that I've never deleted a 24 video specifically because someone objected to me 25 videotaping. Page 80 I Q Well, to the extent you may have deleted 2 some, why would you have deleted them? 3 A Maybe they just weren't interesting enough 4 to be published on YouTube. 5 Q Okay. When you go into a vendor accompanied 6 by Mr. Covenant or Mr. Miller or 7 Mr. Chandler, how do you identify yourself? 8 A I don't identify myself. I say, I'm here to 9 make a public records request. 10 Q You don't give them your name or anything I I like that? 12 A No. 13 Q Okay. How do you identify what it is you're 14 looking for when you make a public records request? 15 A How do I identify what it is I'm looking for 16 when I make a public records request? I tell the 17 person that I'm speaking to — usually I'll have the 18 contract in my hand; fve printed it. I tell them 19 what the contract number is. I tell them it's the 20 contract between whatever vendor it is and whatever 21 agency they have the contract with. Like I said, I 22 give them the contract number. And I simply say, I'm 23 making a public records request; I would like to 24 inspect and photograph whichever document I'm asking 25 to inspect and photograph. Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 81 I Q Okay. Assuming that — without regard to 2 PACE, but just generally speaking, you go to a vendor, 3 you make a request, for whatever reason you don't get 4 the documents you requested, I believe you indicated 5 there are times when you go back. 6 A Uh-huh. 7 Q Is that a yes? 8 A Yes. 9 Q Are there times when you don't go back? l0 A Yes. I 1 Q What dictates those times when you don't go 12 back? 13 A Opportunity, time, distance, how busy I am. 14 Q Have you ever left your name and contact 15 information with any vendor when you were unable to 16 get the documents you requested — 17 A No. 18 Q — upon you initial visit? 19 A No. 20 Q Is there a reason for that? 21 A Because I have a right to remain anonymous 22 when I make my public records request. 23 Q You have a right to remain anonymous? 24 A Yes. 25 Q Is that why you filed 30 lawsuits? Page 82 1 A Is that why I filed 30 lawsuits? 2 Q Yeah. 3 A I filed 30 lawsuits because my rights have 4 been violated and they violate my right to access 5 public records. 6 Q How long after you leave a vendor's office, 7 when you don't get whatever it is you're asking for, 8 do you notify either the O'Boyle Firm or Mr. Shakfeh? 9 A I have no set period of time. 10 Q How do you do that, by phone? 11 A By phone, by email, whichever. 12 Q Do you usually use your mobile phone when 13 you make phone calls? 14 A Yes. 15 Q Okay. I'm going to ask you specifically 16 some questions now about PACE and some of these 17 will — probably your responses earlier will apply. 18 rm going to assume that you somehow downloaded a 19 contract that PACE had with the agency that you 20 believed they had a contract with. 21 A Right 22 Q Was that just a random downloading from the 23 agency, or how did you locate that contract? 24 A With PACE, I was contacted by Thomas and he 25 said you know, there's a contract here in Page 21 (Pages 81-84) Page 93 I Jacksonville; we may want to go check and see if 2 they're in compliance with public records basically. 3 Q If they were in compliance with public 4 records? 5 A Yeah. If they're going to comply with 6 public records access and to see if we could — 7 Q Okay. Who reviewed the complaint to 8 determine what to ask? 9 A I did. You mean — who reviewed the 10 complaint? 11 Q Excuse me. Who reviewed the contract — 12 A The contract. Okay. 13 Q —that PACE had with whatever state agency 14 to determine what to ask for? 15 A I did. 16 Q When did you do that? 17 A I don't recall. 18 Q Was it the day you went; was it sometime 19 prior to that? 20 A I don't recall; I don't recall when I 21 decided. I believe 1 asked for the certificate of 22 insurance. 23 Q Who did you ask for when you went there? 24 You said earlier you don't know. 25 A Who did — Page 84 1 Q Did you ask for anybody specifically? 2 A I can't remember if I asked for anybody 3 specifically. I would have to watch the video again. 4 Q Okay. You indicated earlier that sometimes 5 you ask for whoever is in charge of the contracts. 6 Did you do that at PACE? 7 A That's what I just said; l don't recall if I 8 did. 9 Q When did you and Mr. Covenant make a 10 decision that you were going to go visit PACE? 11 A I don't recall. 12 Q Do you recall the date you went to visit 13 PACE? 14 A I don't recall. 15 Q Do you recall the month you visited PACE? 16 A No. 17 Q Do you recall the PACE address? 18 A No. 19 Q Do you recall whether you visited any other 20 agency or vendor in the same day you visited PACE? 21 A We did visit other vendors in Jacksonville 22 that day. I don't recall which ones they were 23 specifically, but we did visit other vendors that day. 24 Q When you and W. Covenant or Chandler or 25 Miller, whoever, visit vendors, do you usually do Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 65 I several in one day? 2 A Usually, yes. 3 Q Is there a particular period of time in 4 between these days that you visit vendors that you 5 don't? 6 A No. 7 Q Can you describe what you observed as you 8 entered the offices of PACE? 9 A Can 1 describe what I observed? Opening the 10 door, there was a receptionist. I think she called a 11 young lady up. I think I may have explained to the 12 receptionist -- I would have to watch the video again 13 to be specific -- but I explained to the receptionist 14 why I was there, to make a public records request. 15 She contacted another -- a young lady who came out and 16 I explained to her why I was there and that was to 17 make a public records request. I8 Q Did you get the names of any of these 19 individuals you spoke with? 20 A I believe I did. I can't recall what the 2t names were. I believe they are on the video, when I 22 asked. 23 Q Do you recall whether you asked the names, 24 or did the person volunteer their name, or what? 25 A I can't recall. Page 96 1 Q Do you remember either of the names of any 2 of the people you spoke with at PACE? 3 A No. 4 Q So you spoke to a receptionist who then 5 called someone else up? 6 A If I remember correctly, yes, yes. A young 7 lady came out. 8 Q Was there anybody else in the vicinity when 9 you first walked in? 10 A Thomas walked in with me. I I Q Other than you and Mr. Covenant and perhaps 12 the initial receptionist who you spoke to, were there 13 any other people in the immediate vicinity? 14 A In the lobby area, no. I don't recall. 15 There was a — I don't recall. I think there were 16 people moving about, but I don't recall anybody else 17 in there. is Q Okay. Were you able to observe whether 19 there were any people there who you could distinguish 20 as clients of PACE as opposed to employees of PACE? 21 A I wouldn't know who was clients and who was 22 employees. 23 Q The first young lady —I assume the first 14 receptionist you spoke to was female. 25 A Uh-huh. Page 22 (Pages 85-88) Page 67 I Q Could you tell how old she was? 2 A No. 3 Q Can you describe her? 4 A I mean, I can't remember. No. The 5 receptionist, no. 6 Q The second person that came up who was 7 called by the receptionist, male or female? 8 A Female. 9 Q Can you describe het? 10 A Brown hair, Caucasian, I think. That's I l about — brown hair, white female, really nice, real 12 polite. 13 Q Do you recall anything about how old she was 14 approximately? 15 A She seemed to be 35 to 30 — 30 to 35, 16 somewhere around there. 17 Q Other than those two individuals, did you 18 speak with anybody else at PACE -- 19 A Not that I recall. 20 Q —you and Mr. Covenant? 21 A Not that I recall. No, sir. 22 Q Did you see any other people who appeared to 23 be employees of PACE while you were there? 24 A I saw people moving about, yes, moving about 25 the office, the area in there. Page ea 1 Q When you went into PACE, did you go to a 2 desk, or did you go to a counter or what? 3 A Went through — I think there were glass 4 doors. As you enter, there's a receptionist's desk 5 and there was some chairs on the wall. I spoke to the 6 receptionist, I believe. Explained to her that I was 7 there for a public records request, if I'm remembering 8 correctly. She told me that she would contact 9 somebody. So I sat down in the chair and the young to female that I just described came out I I Q Okay. After you spoke to the second person, 12 what happened? 13 A After I spoke to the second person, what 14 happened? 15 Q Let me make sure I understand something 16 too. When you spoke to the receptionist and then 17 spoke to the second person, was that on this first or 18 what you believe to be the second visit? 19 A Second visit. 20 Q Second visit let's go back to the fust 21 visit. When did that occur? 22 A I think that occurred about three hours 23 before the second visit. 24 Q Who did you speak with then? 25 A I believe it was the receptionist. Georgia Winegeart & Associates 301 West Say Street, Suite 1450, Jacksonville, Florida 32202 Page 89 1 Q The same receptionist you spoke with later? 2 A I believe so, yes. I explained I was there 3 for a public records request. They recommended for me 4 to come back later. 5 Q So the first receptionist you spoke with 6 said come back later? 7 A Yes. 8 Q Okay. Than you and Mr. Covenant left? 9 A Correct. 10 Q And then you came back and that's when you 1 I spoke to the second person? 12 A Correct. 13 Q On your first visit, the only person you 14 spoke with was the receptionist? 15 A If I remember correctly, yes. 16 Q Did you film and audio that encounter with 17 the receptionist on the first visit? 18 A I don't recall if I did or not. I don't 19 remember if the cement was recording. I had the 20 camera to take the photograph, but I can't recall if 21 the content was recording or not. I can't remember. 22 Q When you had your first encounter with the 23 receptionist, if you videoed it, has that been 24 provided to Mr. Taylor? 25 A If I videoed it? Page 90 1 Q If you videoed it with audio— let me be 2 precise — 3 A No. 4 Q —you would not have provided it to 5 Mr. Taylor? 6 A No. 7 Q Why? 8 A I don't think l did. Like I said, I don't 9 remember if I recorded it or not. I don't think 10 there's a video of the fust encounter, 1 don't think I I there is a video of the first encounter. No. 12 Q Okay. But you have previously testified 13 that you video all encounters — 14 A Yes. 15 Q — so you can document your request. 16 A Yes. 17 Q And when you fust walked in the door and 18 spoke to the receptionist, you did not know what 19 response she was going to make? 20 A Correct. 21 Q But you didn't have your video on? 22 A I don't remember if I had it on or not. 23 Q Okay. So you may have had it on, you may 24 not have, but in any event nothing has been provided 25 to W. Taylor? Page 23 (Pages 89-92) Page 91 1 A Correct. 2 Q The second visit, the receptionist gets 3 another person. You've now got your video going with 4 audio? 5 A Yes. 6 Q Did you video and audio the portion with the 7 receptionist before she called this second person a ovet4 9 A I believe so. 10 Q Do you advise the second person, the white 1 I female with dark brown hair, what you want? 12 A Correct 13 Q How did you identify for her what documents 14 you wanted? 15 A I believe I had the contract in my hand. 16 Like I said, I would say, I'm here to make a public 17 records request. I tell them the contract number. 18 And I told her that I would like to inspect and 19 photograph the certificate of liability insurance, 20 basically a proof of insurance that's required by the 21 contract 22 I believe I had a sample from where I had 23 photographed or gotten a copy of a certificate of 24 liability insurance from another vendor — I'm not 25 sure which vendor it was — as an example, just to Page 92 1 show her what 1 was specifically looking for, to be 2 specific about it 3 Q Mr. Gray, I'm going to band you a copy of 4 the complaint that has been filed in this matter and 5 purports to have a copy of the contract upon which you 6 are basing your lawsuit And I would ask you, if you 7 would, to mm to the contract and find for me in the 8 contract where it requires or addresses the documents 9 you've requested. 10 A I have found it. II Q Sir? 12 A I found it. 13 Q What page? 14 A Page 10 of 36. 15 Q Okay. Now you asked for — you showed them 16 a certificate of insurance that you had received from 17 somewhere else? 18 A Correct 19 Q And you asked them to produce that document 20 that they maintained — 21 A Correct 22 Q — is that correct? 23 A Uh-huh. 24 Q Okay. Where on Page 10 does it require PACE 25 to maintain that document? Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 93 I A On Page 10 where does it require it? 2 Nowhere that I could tell. On Page 10, where does it 3 require that they maintain the document? 4 Q I'm trying to figure out — 5 A On Page 10, it does not. I don't see any 6 language that says that it's required that they 7 maintain that document. 8 Q So exactly what were you asking for? 9 A 1 was asking for the certificate of 10 liability insurance that's required by the document — 1I by the contract. 12 Q Where is a certificate of liability 13 insurance required to be maintained, on Page 10? 14 A It says right here, The insurance provider 15 shall maintain, if applicable, the following types of 16 insurance listed: Commercial, general liability. 17 That's what I was asking for. 18 Q Okay. That requires them to maintain the 19 insurance? 20 A Uh-huh. 21 Q Is there anyplace in this contract that 22 you're aware of that requires PACE to maintain a 23 certificate of liability insurance? 24 A Written in the contract? The public records 25 access right here on Page I of 36. Page 94 1 Q Public records access. Now where on Page 1 2 does it say that public records access means that they 3 have to maintain a certificate of liability insurance? 4 A It says, All documents created and 5 received — let's see. The provider agrees to allow 6 access and review of all documents, papers, letters, 7 maps, books, tapes, photographs, film, sound 8 recordings, data processing, software and other 9 material, regardless of physical form or 10 characteristics, or means of transmission, made or I 1 received pursuant to law or ordinance in connection 12 with the transaction of official business by any 13 agency as defined in Section 119. All documents made 14 or received by the provider in conjunction with this 15 contract shall be made available except for those 16 public records which are made confidential by law. 17 Q Okay. Now what does that paragraph have to 18 do with the certificate of liability insurance? 19 A The certificate of liability insurance is 20 required by the contract. 21 Q Where? 22 A Well, its required that they have liability 23 insurance. 24 Q I don't dispute that. 25 A Okay. Page 24 (Pages 93-96) Page 95 I Q You didn't ask for proof of insurance; 2 you asked for a certificate of liability insurance. 3 A Something that proves that they have 4 insurance. 5 Q Is that what you requested? 6 A Yeah. 7 Q And its your testimony that whatever video 8 you took will show that you requested them to provide 9 you with proof of insurance? 10 A Yes. 11 Q Does that contract require them to maintain 12 proof of insurance? 13 A Proof of insurance. 14 Q My question is: Is your reading of the 15 contract, since you're the one who downloaded it, or 16 Mr. Covenant downloaded it, but you reviewed it and 17 you made the determination that you're going to go ask 18 them for proof of insurance, where in the contract 19 does it require them to maintain that they have 20 insurance or have proof that they have insurance? 21 A In the contract? Well, typically, if you 22 have insurance, you have documentation showing that 23 you have insurance. 24 Q But where in this contract that you used 25 does that say that PACE has to do that? Page 96 I A It doesn't say specifically insurance. It 2 says that they have to maintain records regarding the 3 contract. 4 Q Okay. So you're saying because Paragraph 5 I — excuse me — Paragraph BA -2 on Page 1 requires 6 them to maintain their records, that requires them to 7 maintain proof of insurance that they're required to 8 provide to the State? 9 A Yes. 10 Q Did you speak to anyone else after this 11 young lady with the brown hair that day? 12 A You mean at PACE? 13 Q At PACE. 14 A I may have said good-bye to the 15 receptionist, have a nice day, as we were leaving. 16 Q Okay. When you told the lady with the brown 17 hair that you wanted a certificate of liability 18 insurance or proof of insurance, whatever it is you 19 said, did you speak with anyone after that? 20 A No. I don't recall. We left. 21 Q And what did the young lady with the brown 22 hair tell you with regard to the document you 23 requested? 24 A She said that the person that she spoke to 25 on the phone — I can't recall who it was right now — Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 97 I but the person she spoke to on the phone said that it 2 needed to be in writing, that it should be emailed and 3 made in writing — the request should be emailed and 4 made in writing. 5 Q Do you know who at PACE was responsible for 6 maintaining the insurance contract? 7 A Maintaining, no. 8 Q Did you ask for the person responsible for 9 maintaining the insurance contract? 10 A No. it Q Did you ask for anyone else in particular 12 other than, I simply want proof of insumnce? 13 A I announced that I was there to make a 14 public records request. 15 Q My question, Mr. Gray, is very simple: Did 16 you make a request for anyone in particular with 17 respect to your request for whatever insurance 18 information you were seeking? 19 A When I arrived, I can't remember if I asked 20 for what's listed as the contact person in the 21 contract. I don't remember if I asked for that person 22 or not, but I did announce that I was there to make a 23 public records request. 24 Q Okay. And you said that this young lady 25 came back and had spoken to somebody on the phone? Page 98 1 A Correa. 2 Q Does that suggest to you that whoever she 3 spoke to was not there in the office? 4 A Yes. 5 Q Okay. After she came back to you and told 6 you that she had spoken to someone on the phone and 7 that in order to get the document you need to leave 8 your time and address, did you respond to her in any 9 way? 10 A 1 don't think she told me 1 needed to leave I I my name and address. I think she told me that 1 12 needed to make it in writing via email. I think 13 that's what she said. 14 Q Okay. What response did you make to that? 15 A 1 believe I told her that I would like to go 16 ahead and access the records now; 1 would like to take 17 a photograph and inspect the records now. 18 Q Do you have any information, from any 19 source, that PACE had their insurance policy itself in 20 the office that day? 21 A No. 22 Q Do you have any information that PACE had 23 any type of documentation in the office proving they 24 had insurance that day? 25 A Other than what it says and the reason we Page 25 (Pages 97-100) Page 99 1 went there is because, in the contract, it says that 2 is the place where the administrative record was 3 stored and the contact person, that is the address, so 4 that's why we went there. 5 Q But my question is: Do you know if they had 6 it in the office that day? 7 A No. That's --no. 8 Q Do you know if a certificate of liability 9 insurance, as you've described it, was in the office to that day? II A No. 12 Q Have you subsequent to that day ever 13 received a certificate of liability insurance or any 14 other type of proof of insurance as to PACE? is A PACE, no. 16 Q Okay. You did not go back to PACE after 17 that first day? I8 A No. 19 Q Have you ever made a request to go back to 20 PACE -- 21 A No. 22 Q -- after that first day? 23 A No. 24 Q Has anybody ever advised you of your right 25 to go back to PACE and photograph or inspect some Page toe I record? 2 A No. 3 Q And you've never been provided by anyone 4 with proof of insurance that PACE maintained? 5 A Provided with anyone proof, what is that? 6 I'm not sure what you mean. 7 Q Whatever documents you were requesting, 8 whatever proof you were requesting when you went to 9 PACE, you never received that? 10 A No. Other than looking at the contract and I I seeing that they are required to maintain -- 12 Q Insurance? 13 A — insurance. 14 Q Okay. You didn't ask to see the insurance 15 policy? 16 A No. 17 MR. WELLS: I would like to have the 18 complaint and the attached contract marked as 19 Defendant's Exhibit I to the deposition. 20 (Defendant's Exhibit No. l was marked for 21 identification.) 22 BY MR. WELLS: 23 Q Mr. Gray, do you know of any reason why — 24 strike that. Just to make sure I'm clear, since your 25 initial visit to PACE, not only have you not received Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 101 I the information you were requesting, but you've never 2 been advised of your right to go back there, that you 3 were invited to go back there to photograph and 4 inspect whatever it is you were requesting; is that 5 correct? 6 A (No response.) 7 Q Pardon me? g A I'm thinking. I don't recall if I had been 9 advised if I could go back there. 10 Q Do you know somebody named Thresa Giles or II Giles? 12 A No. 13 Q Do you know Yessica Cancel? 14 A No. 15 Q I had asked you, Mr. Gray, if you bad ever, 16 since your first visit, seen the proof of insurance 17 you're asking for or a certificate of liability 18 insurance. Let me show you this document. I'll 19 represent to you that that is a certificate of 20 liability insurance on PACE -- 21 A Okay. 22 Q -- pursuant to their contract with the state 23 agency. You've never seen that before, have you? 24 A No, sir. Not from PACE. 25 MR. WELL: I'll have this marked as Page 102 1 Defendant's Exhibit 2. 2 (Defendant's Exhibit No. 2 was marked for 3 identification.) 4 BY MR. WELLS: 5 Q You aren't, by chance, in some way 6 incorporated, are you? 7 A No. B Q So none of Honor Your Oath, or Photography 9 is not a crime, or anything like that, you're not 10 incorporated in any respect? II A No. 12 Q Okay. 13 MR. WELLS: Let's take a ten-minute break, 14 if we can. I'm almost through. 15 (Brief break.) 16 BY MR. WELLS: 17 Q Just so that I'm clear, it's your testimony 18 you made two visits to PACE on the same day — 19 A Yes. 20 Q --about three hours apart? And the fust 21 visit, you spoke only to a receptionist? 22 A That's what I recall. Yes. 23 Q And she advised you to come back. Why? 24 A She said that the contact person or the 25 person that — the supervisor or whoever the CEO was Page 26 (Pages 101-104) Page 103 I would be there. When I asked for who would do the 2 public records type of deal, she said to come back 3 when that person is there, so 1 came back about three 4 hours later. 5 Q Okay. When you came back about three hours 6 later, you spoke only to the same receptionist? 7 A As far as I remember, yes. 8 Q And then a second person that was -- 9 A Yes. 10 Q — about 35, brown hair, Caucasian? 11 A A white female, Caucasian. 12 Q So those are the only two people you've ever 13 spoken to at PACE other than whatever acknowledgment 14 you may have made to Ms. Marx today? 15 A Yes. 16 Q After you left PACE that day, you never went 17 back and asked for the record again? Ig A No. 19 Q While you were there, what was Mr. Covenant 20 doing? 21 A He was just my friend, just there along just 22 to be there. 23 Q But could you see what he was physically 24 doing; was be just standing beside you or — 25 A Yeah. He was just kind standing over to the Page 104 1 left of me, from what I recall. 2 Q Okay. Other than standing over to the left 3 of you, you have no specific recollection of what he 4 was doing? 5 A No. He was just there with me. 6 Q Take a look at that document, if you would, 7 Mr. Gray. 8 A Okay. 9 Q You're welcome to read all that you want to, to but have you ever seen that before? I I A No, sir. 12 MR. WELLS: I would like to have this marked 13 for identification purposes only; we're not 14 attaching it as an exhibit. Is (Defendant's Exhibit A was marked for 16 identification.) 17 BY MR. WELLS: 18 Q I would like you to keep that. It's not 19 going to be an exhibit to the complaint — to the 20 deposition. Not having seen that before, do you know 21 if you've ever discussed the contents of that before? 22 A No. 23 Q Okay. Do you have any information as to the 24 ramifications of that document? 25 A Indications of ramifications of that Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 105 1 document? 2 Q Yes, sir. 3 A No. 4 Q When you made the request of the second 5 person at PACE, brown hair, 35ish, Caucasian, you had 6 a copy of the contract with you? 7 A I believe I did. Yes. 8 Q Okay. Did you show her or point to anything 9 in the contract that you were looking for? 10 A I believe did, yes. I pointed to it and I 11 showed her the certificate of liability from the other 12 place, like, This is what I'm looking for; it's quick 13 and easy; just let me take a look at it and PII leave 14 hen:. 15 Q And did you let her have either of those 16 documents, either the contract or the certificate you 17 had from the other source, for her muse to go back 18 to whoever she had to talk m? 19 A I think I may have given it to her, or she 20 may have taken it I'm not sure. I would have to 21 watch the video again. But — I mean, if she would 22 have wanted to take it, I would let her have it 23 Q But do you recall, one way or the other, 24 whether she took possession of either of those 25 documents? Page 106 1 A I don't recall; I don't recall. 2 Q And when she came back to you to say that 3 you needed to put it in writing, can you tell me 4 precisely what she said to you? 5 A She said — precisely, I can't recall, but 6 she said — she spoke to the person on the phone. The 7 person on the phone said that it needs to be made in 8 writing, by email, the request needs to be made in 9 writing. 10 1 believe it was at that point when I said, 1 I Well — I showed her the certificate of liability from 12 the other place and said, This is easy, and 1 handed 13 her the contract. And she said, Per what I've been 14 told on the phone, it needs to be made in writing. I 15 said, Okay, thank you, and I left. 16 Q Did she say anything about whether the 17 documents you were asking for was even in the office 18 at PACE? 19 A No, I don't think she did. I don't recall 20 that she did. 21 Q Okay. But you showed her a document that 22 said — like this Exhibit 2, certificate of liability 23 insurance? 24 A Yes, I did, from another vendor. 25 Q And you told her that this is what you were Page 27 (Pages 105-108) Page 107 1 looking for? 2 A Yeah. That's what it looked like, so she 3 could have a point of reference, so she would know 4 what Pm looking for. 5 Q And by this, were referring to 6 Plaintiffs — excuse me — Defendant's Exhibit 2? 7 A Correct I mean, I didn't have that 8 particular document in my possession. It was one from 9 another — 10 Q A sample? I l A A sample, yes. 12 Q You indicated that you had not been back to 13 PACE and you indicated that you had never been advised 14 that you could go back. Have you ever requested to go 15 back to anyone? 16 A Requested to go back to anyone? No. 17 Q Let me rephrase that. That wasn't clear. 18 Have you ever requested of anyone to go back to PACE 19 so you could attempt to photograph and inspect 20 whatever record it was you were seeking on the first 21 visit? 22 A No. 23 Q Is it your understanding, W. Gray, that the 24 O'Boyle firm and Mr. Taylor, in specific, is 25 represenfingjust you in this litigation? Page 108 1 A In this, with PACE? 2 Q Yes, sir. 3 A Yes. 4 MR. WELLS: I am through. 5 W. Gray, you have the right to read and 6 sign, if it's transcribed, or you can waive that 7 right. If I ask for it to be transcribed, she's 8 going to type up everything that was said today, 9 assuming she heard you. Once she gets it typed 10 up, you have the right to read it, to make sure I I she's done it correctly. Mr. Taylor can advise 12 you as to whether you need to read and sign it or 13 not. You can't make changes to it, but you can 14 make a notation of errors in her transcription. 15 THE WITNESS: Okay. 16 MR. WELLS: So you need to let her know 17 whether you will waive the right to read it, or 18 whether you want to read it if it's transcribed. 19 THE WITNESS: I would like to read it if 20 it's transcribed. 21 MR. WELLS: Very good. 22 (The deposition was concluded at 4:45 p.m.) 23 --- 24 25 Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 28 (Pages 109-110) Page 109 I CERTIFICATE 2 STATE OF FLORIDA) 3 COUNTY OF DUVAL ) 4 I, Cynthia Silverberg, Shorthand Reporter 5 and Notary Public, State of Florida at Lnrgc, do 6 hereby certify that I was authorized to and did 7 stenographically report the deposition of 8 JEFFREY MARCUS GRAY; that a review of the transcript 9 was requested; and that the foregoing transcript, 10 pages 1 through 108, is a true and complete record of 11 my stenographic notes. 12 1 further certify that I am not a relative, 13 employee, attorney or counsel of any of the parties, 14 nor am I a relative or employee of any of the parties' 15 attorney or counsel connected with the action, nor am 16 1 financially interested in the action. 17 Dated this 24th day of January, A.D., 2015. 18 19 20 21 22 CYNTHIA SILVERBERG, Notary Public 23 24 25 Page 110 1 CERTIFICATE OF OATH 2 STATE OF FLORIDA ) 3 COUNTY OF DUVAL ) 4 I, the undersigned authority, certify that 5 JEFFREY MARCUS GRAY personally appeared before me and 6 was duly swam 7 WITNESS my hand and official seal this 241h 8 day of January, 2015. 9 10 11 12 CYNTHIA SILVERBERG, Notary Public 13 Notary Public -State of Florida My Commission Expires: 14 IS 16 17 18 19 20 21 22 23 24 25 Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail June 2, 2016 Martin E. O'Boyle [mail to: records@commerce-group.com] Re: GS #2211 (PRR 1235) (1) Provide copies of all trial transcripts, deposition transcripts, sworn statements, affidavits and other statements (the "Transcripts') made by Mr. Jeff Grey to the Town of Gulf Stream. This reques would include any and all portions of any of the Transcripts. (2) Provide copies of all communications between Jeff Grey and the Town of Gulf Stream where Jeff Gray was the sender or a receiver. (3) Please provide records, including, without limitation, all communications and transcripts emanating from Judge Barkhall's Courtroom regarding communications between Barkhall and Johnathan O'Boyle and/or Judge Barkhall and Robert Sweetapple and/or Joanne O'Connor and any otherparty who is (or was) a partner or employee of Jones Foster regarding Jonathan O'Boyle or the O'Boyle lawfirm. 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 oJf1cers and its councel and thefollowing lawfirms: Sweetapple, Broeker & Yarkas; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (inchrding, without limitation, the attorneys, employees and partners of each such law firm). Dear Martin E. O'Boyle [mail to: recordsaa,commerce-eroup.coml, The Town of Gulf Stream has received your public records request dated May 31, 2016. You should be able to view your original requests at the following link: httv://www2.gulf- stream.org/weblink/O/doc/91283/Pagel.aspx. If your request was verbal, then the description of your public records request is set forth in the italics above. Please allow this response to be responsive for all parties involved. We are providing a partial response for your request at this time. These documents are in response to item #1 of your request and can be found at the same above link. 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 further respond to your public records request in a reasonable amount of time with additional production of documents, an estimated cost to respond, or other appropriate response. Sincerely, Town Clerk Custodian of the Records TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail June 3, 2016 Martin E. O'Boyle [mail to: records@commerce-group.com] Re: GS #2208 (PRR 1232), #2209 (PRR 1233), #2210 (PRR 1234), #2211 (PRR 1235), #2212 (PRR 1236), #2213 (PRR 1237), #2214 (PRR 1238) (1) Provide a copy of all emails created, received or sent by the Town of Gulf Stream to Joel Chandler for the period beginning January 1, 1014 through the date of this request. (2) Provide a copy of all emails created, received or sent by Joel Chandler to the Town of Gulf Stream for the period beginning January 1, 1014 through the date ofthis request. The term "Town of Gulf Stream"shall mean each ofthefollowing: the Town of Gulf Stream, its commissioners, its manager, its employees, its police department, its police officers and its councel and the following law firms: Sweetapple, Broeker & Yarkas; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (including, without limitation, the attorneys, employees and partners of each such law fes). Provide a copy of all records, including, without limitation: (a) all communications, (b) attachments to such communications and © all documents which were sent by Peter Isen to any of the requestees and which were received by Peter Isen from any of the requestees for the period beginning January 1, 2013 through today. 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 councel and the following law firms: Sweetapple, Broeker & Yarkas; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (including, without limitation, the attorneys, employees and partners of each such law firm). (1) Please provide a copy of any and all records requests created or sent by the Town of Gulf Stream (including their attorneys, commissioners, officers, Town Manager and employees) to any other governmental (or quasi -governmental) agency, for the period beginning January 1, 1013 through the date of this request. (1) Please provide a copy of any and all records requests received by the Town of Gulf Stream (including their attorneys, commissioners, officers, Town Manager and employees) from any other governmental (or quasi -governmental) agency, for the period beginning January 1, 2013 through the date of this request. The term "Town of GutrStream" 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 councel and the following law firms: Sweetapple, Broeker & Yarkas; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (including, without limitation, the attorneys, employees and partners of each such law f rm). (1) Provide copies of all trial transcripts, deposition transcripts, sworn statements, affidavits and other statements (the "Transcripts') made by Mr. Jeff Grey to the Town of Gudf Stream. This reques would include any and all portions of any of the Transcripts. (2) Provide copies of all communications between Jeff Grey and the Town of Gu f Stream where Jeff Gray was the sender or a receiver. (3) Please provide records, including, without limitation, all communications and transcripts emanating from Judge Barkhall's Courtroom regarding communications between Barkhall and Johnathan O'Boyle and/or Judge Barkhall and Robert Sweetapple and/or Joanne O'Connor and any other party who is (or was) a partner or employee ofJones Foster regarding Jonathan O'Boyle or the O'Boyle law firm. 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 councel and the following law firms: Sweetapple, Broeker & Varkas; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (including, without limitation, the attorneys, employees and partners of each such law firm). Provide all records including, without limitation, communications between the Town of Gulf Stream wherein the Town of Gulf Stream was the Sender or the receiver and any of the following firms were the sender and/or a receiver: Sweetapple, Broeker & Varkas, Jones, Foster, Johnston & Stubbs, Richman Greer, PA, Cole Scott & Kissane (Palm Beach Lakes), Cole Scott & Kissane (Lakeview Avenue) and Johnson Anselmo Murdoch Burke Piper & Hochman, PA during the period beginning on January 1, 2013 through the date of this request. The term "Town of Gulf Stream" shall mean each of the following: the Town of Gudf Stream, its commissioners, its manager, its employees, its police department, its police officers and its councel and the following law firms: Sweetapple, Broeker & Varkas; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (including, without limitation, the attorneys, employees and partners of each such law firm). Please provide all transcripts, (including, without limitation, any and all sworn statements, deposition transcripts and trial and hearing transcripts (the "transcripts') and portions of any transcript and any transcripts which have not yet been certified), including all exhibits resulting from (a) the deposition of Robert Sweetapple dated May 27, 2016 relating to the litigation styled.- Martin tyled:Martin O'Boyle vs Robert Sweetapple and the Town of Gulf Stream. Case No.: 9:14-CV-81250- K4M,• and (b) any other transcripts involving Martin O'Boyle, Jonathan O'Boyle, Nick Taylor, Giovani Mesa, Ryan Witmer, the o'boyle law firm or Chris O'Hare. 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 councel and the following law firms: Sweetapple, Broeker & Varkas; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (including, without limitation, the attorneys, employees and partners of each such law firm). Provide a copy of the video which was prepared concomitantly, with the sworn statement of Joel Chandler on July 23, 2014. 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 councel and the following law firms: Sweetapple, Broeker & Varkas; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (inchiding, without limitation, the attorneys, employees and partners of each such law firm). Dear Martin E. O'Boyle [mail to: records(ia commerce-group.coml, The Town of Gulf Stream has received your public records requests dated May 31, 2016. The original public record request can be found at the following links http://www2.eulf- stream.org/weblink/0/doc/91280/`Pase1.aspx, htto://www2.eulf- stream.ore/weblink/0/doc/91281/Pa¢el.aspx, http://www2.¢ulf- stream.or¢/weblink/0/doc/91282/Paeel.aspx, http://www2.eulf- stream.ora/weblink/0/doc/91283/Pagel.aspx, http://www2.gulf- stream.ora/weblink/0/doc/91284/Pagel.aspx, http://www2.gulf- stream.ors/weblink/0/doc/91285/Paeel.asr)x, and htti)://www2.gulf- stream.org/weblink/O/doc/­9`­1286/Pagel.aspx. 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 Filing # 14277740 Electronically Filed 05/30/2014 05:09:45 PM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 2014CA004474 AG MARTIN E. O'BOYLE, Plaintiff, VS. TOWN OF GULF STREAM, Defendant. Defendant, TOWN OF GULFSTREAM ("Defendanf' or "the Town"), moves this Court for an order disqualifying Plaintiff's counsel, THE O'BOYLE LAW FIRM, P.C. f/k/a JONATHAN R. O'BOYLE, P.C. ("THE O'BOYLE LAW FIRM'S from representing Plaintiff herein and, in the alternative, for an evidentiary hearing to determine whether THE O'BOYLE LAW FIRM should be disqualified for engaging in the unlicensed practice of law, and as grounds therefore would state: INTRODUCTION THE O'BOYLE LAW FIRM should be disqualified from representing Plaintiff because its President, JONATHAN R. O'BOYLE, has used the Pennsylvania professional corporation to establish an office or other regular presence in the State of Florida without being admitted to practice here generally and is thereby engaged in the unlicensed practice of law. Mr. O'Boyle was born and raised in Gulf Stream, Florida and graduated from Drexel University School of Law in 2012. He is not a member of The Florida Bar. Just two months after he created the Pennsylvania law firm in November 2013, he sought and was granted admission pro hac vice in two Florida actions based on sworn representations that he is a member of the Pennsylvania bar, has business offices at a residential property owned by an apparent relative at 2146 E. Huntingdon Street, Philadelphia, PA and himself resides more than one hour away in New Jersey. At the same time, Mr. O'Boyle represented to the Pennsylvania Supreme Court that he was an out-of-state attorney who resided at his father's home in Gulf Stream, Florida To the Honorable Thomas Barkdull, representations were recently made that THE O'BOYLE LAW FIRM is an interstate law firm practicing in Florida and Pennsylvania and that Mr. O'Boyle, the only attorney purportedly practicing in Pennsylvania, is a partner in the firm with his law school classmate Ryan Witmer, a member of The Florida Bar. However, no attorney with THE O'BOYLE LAW FIRM, including Mr. O'Boyle, appears to practice in Pennsylvania so as to generate profits and losses and, therefore, there is no evidence of a bona fide partnership that could support an interstate law firm. Although Mr. O'Boyle has apparently recently updated the Pennsylvania Supreme Court filing to reflect that he practices in Cambria County, Pennsylvania and an address in Johnstown, Pennsylvania, that only raises additional questions. Among other things, Mr. O'Boyle's purported residence address in Longport, New Jersey is more than five hours away from his Pennsylvania law offices. On behalf of Mr. O'Boyle's father, Martin O'Boyle, and another Gulf Stream resident Christopher O'Hare or their affiliates, THE O'BOYLE LAW FIRM has brought more than one dozen public records lawsuits in this Circuit Court as well as claims of alleged constitutional violations in federal court against the Town. Five (5) of those public records suits are pending in this Division AG. 2 ARGUMENT A. The O'Boyle Law Firm is a Pennsylvania Professional Corporation With a Non - Florida Bar Member as Its President. 1. "THE O'BOYLE LAW FIRM, P.C.," formerly known as JONATHAN R. O'BOYLE P.C., is a Pennsylvania professional corporation created in November 2013. The O'BOYLE LAW FIRM, P.C. lists with the Pennsylvania Department of State its registered office address as 1001 Broad Street, Johnstown, Pennsylvania with no mailing address. (See Exhibit "XI). 2. According to the Florida Department of State, Division of Corporations, "THE O'BOYLE LAW FIRM, P.C., INC." is a foreign profit corporation with a principal address in Deerfield Beach, Florida. The corporation lists a mailing address at 2146 E. Huntingdon Street in Philadelphia, Pennsylvania. (See Exhibit `B"). 3. THE O'BOYLE LAW FIRM, P.C. and THE O'BOYLE LAW FIRM, P.C., INC. are referred to collectively as "THE O'BOYLE LAW FIRM." 4. THE O'BOYLE LAW FIRM, P.C., INC. identifies Jonathan R. O'Boyle, with an address of 2146 E. Huntingdon Street, Philadelphia, Pennsylvania 19125, as its President in filings with the Florida Department of State, Division of Corporations. (See id.). No other officers are identified. B. No Lawyer With The O'Boyle Law Firm Actively Practices in Pennsylvania. 5. Jonathan R. O'Boyle appears to be the only lawyer in THE O'BOYLE LAW FIRM even admitted to practice in Pennsylvania (admission date of November 13, 2012). However, as of April 4, 2014, Pennsylvania had listed him as an out-of-state lawyer with an address at the home of his father, Martin O'Boyle, at 23 North Hidden Harbour Drive in 3 Gulfstream, Florida, and a telephone number with a (56 1) area code. (See Exhibit "C"). Thus, as of April 4, 2014, the Pennsylvania Supreme Court did not reflect that any lawyer with THE O'BOYLE LAW FIRM actively practiced in the state. 6. As of May 29, 2014, the Pennsylvania Supreme Court listing for Mr. O'Boyle reflects that he practices in Cambria County, Pennsylvania with an address of 1001 Broad Street, Johnstown, PA. (See Exhibit "D"). C. Jonathan O'Boyle's Contradictory Florida Pro Hac Vice Applications 7. As discussed below, just two months after THE O'BOYLE LAW FIRM was created as a Pennsylvania professional corporation in November 2013, Jonathan R. O'Boyle moved to appear pro hac vice in Florida state and federal court cases. 8. On January 23, 2014, Jonathan R. O'Boyle tiled a sworn Verified Motion for Admission to Appear Pro Hac Vice in the case of Christopher R O'Hare v. Town of Gulfstream and William H. Thrasher, Jr., Case No.: 2014CA00072OXXXXMB Al, pending before the Honorable Meenu Sasser. (See Exhibit "E"). 9. In said Motion, Mr. O'Boyle swore in paragraph 2 that he is a member of the THE O'BOYLE LAW FIRM, P.C. with offices at 2146 E. Huntingdon Street, Philadelphia, PA. This representation contradicts both of his Pennsylvania Supreme Court listings that he is either (1) an out-of-state lawyer who can be reached at his father's home in Florida or (2) a lawyer practicing at his 1001 Broad Street, Johnstown, PA and contradicts THE O'BOYLE LAW FIRM, P.C. filings with the Pennsylvania Department of State reflecting a business address in Johnstown, not Philadelphia. (See Exhibits "B", "C" and "D").1 1 The Pennsylvania Supreme Court requires that all changes in address be reported to the Attorney Registrar within thirty (30) days after such change. See http://www.padisciplinaryboard.org/attomeys/faqs 4 10. In the above -referenced Motion to Appear Pro Hac Vice, Mr. O'Boyle also swore that he is domiciled in and permanently resides at 107 South 13`h Street, Longport, New Jersey. (See Exhibit "E"). Longport, New Jersey is more than five (5) hours from Johnstown, Pennsylvania, where THE O'BOYLE LAW FIRM P.C. is ostensibly based. 11. It appears that the Philadelphia address that THE O'BOYLE LAW FIRM lists as its mailing address with the Florida Department of State and that Mr. O'Boyle represented to Judge Sasser in January 2014 is the business address of THE O'BOYLE LAW FIRM is actually a residential property constituting a homestead owned by a relative of Mr. O'Boyle, Kelly L. O'Boyle. (See Exhibit "F" attached hereto). 12. On April 10, 2014, Jonathan O'Boyle appeared before the Honorable Thomas Barkdull in the case of Jason Weeks v. Town of Palm Beach, Case NO. 2014 -CA- 0039383OLNXMB AB. At that hearing, Judge Barkdull questioned Mr. O'Boyle about his relationship to THE O'BOYLE LAW FIRM, P.C. (See Transcript of Testimony and Proceedings Before the Honorable Thomas Barkdull 4/10/14, attached hereto as Exhibit "G"). 13. Mr. O'Boyle represented to Judge Barkdull that THE O'BOYLE LAW FIRM is an interstate law firm with addresses in Florida and Pennsylvania and that the name of the firm is a reference to him. (See id. at p.4) ("there's a Florida address and a Pennsylvania address."). Mr. O'Boyle nevertheless advised the Court that he was acting as a law clerk to Giovani Mesa, an attorney with THE O'BOYLE LAW FIRM. (See id. at p.4). 14. The Court cautioned Mr. O'Boyle to "step back" "because we are about to discuss the illegal practice of law without being a member of the Florida Bar." (See id, at p.5). 15. During the proceeding, the Court asked: "Mr. O'Boyle have you been moved to be admitted pro hac vice in Florida at all?" Mr. O'Boyle responded: "yes your Honor," When 5 the Court inquired "how many times?," Mr. O'Boyle responded "once your Honor." (See id. at p. 10). 16. In fact, records indicate that at the time of the hearing before Judge Barkdull, Mr. O'Boyle had moved and appeared pro hoc vice in at least three Florida matters. In addition to the case pending before Judge Sasser, Mr. O'Boyle has appeared pro hoc vice in the following cases: a. Martin O'Boyle v. Town of Gulf Stream, Case No.: 9:2013-cv-80530-DMM (Middlebrooks, J.) (since dismissed) on June 17, 2013 (see Exhibit "II"); and b. Christopher O'Hare v. Town of Gulfstream, Case No.: 9:13-CV-81053-KLR (Ryskamp, J.), on or about January 13, 2014 (see Exhibit "I"). 17. On information and belief, Mr. O'Boyle is supervising and handling another federal court matter brought by THE O'BOYLE LAW FIRM on behalf of his father, Martin O'Boyle, against the Town, O'Boyle v. Town of Gulf Stream, Case No. 14-CV-80317- MIDDLEBROOKS, but has failed to move for admission pro hac vice in that case to avoid Rule 4 of the Special Rules Governing the Admission and Practice of Attorneys, Local Rules of the Southern District of Florida. Rule 4(b)(2) prohibits lawyers who are not Florida bar members from engaging in a general practice in the Southern District of Florida and deems more than three (3) appearances within a 365 -day period in separate representations to be presumed to be a "general practice." 18. Attorney Mesa advised Judge Barkdull that four of the five attorneys with THE O'BOYLE LAW FIRM are located in Florida. 19. Attorney Mesa also represented to Judge Barkdull that the partners in the Florida law firm are Ryan Witmer, a member of The Florida Bar, and Mr. O'Boyle. (See id. at pp.5-6). C Messrs. Witmer and O'Boyle both graduated from Drexel University School of Law in Pennsylvania in 2012. Mr. Witmer was admitted to The Florida Bar in November 2013 20. Mr. O'Boyle advised Judge Barkdull that he passed the bar examination but is awaiting admission to The Florida Bar. (See Exhibit "G" at p.11). 21. As of the date of this filing, The Florida Bar does not list Mr. O'Boyle as a member. Calls to The Florida Bar regarding Mr. O'Boyle's status as a member of The Florida Bar were referred to an individual who identified herself as being with the Unlicensed Practice of Law section. 22. Internet postings incorrectly indicate that Mr. O'Boyle is a member of The Florida Bar. (See Composite Exhibit "J"). D. Interstate Law Firms and the Unlicensed Practice of Law. 23. Rule 4-5.5 of the Rules Regulating the Florida Bar, Rules of Professional Conduct governing "Unlicensed Practice of Law; Multi -Jurisdictional Practice of Law," provides, in pertinent part: (a) Practice of Law. A lawyer shall not practice law in a jurisdiction other than the lawyer's home state, in violation of the regulation of the legal profession in that jurisdiction, or in violation of the regulation of the legal profession in the lawyer's home state or assist another in doing so. (b) Prohibited conduct. A lawyer who is not admitted to practice in Florida shall not. (1) except as authorized by other laiv, establish an office or other regular presence in Florida for the practice of law... (See Exhibit "IC") (emphasis in bold/italics added). 24. It appears that Mr. O'Boyle does not reside or practice law in the State of Pennsylvania and that the THE O'BOYLE LAW FIRM P.C., a Pennsylvania professional 7 corporation, is merely a pretense for the purpose of establishing an office or other regular presence in Florida for the practice of law by Mr. O'Boyle.2 25, THE O'BOYLE LAW FIRM has been engaged litigation on behalf of Martin O'Boyle, father of Jonathan R. O'Boyle, and Christopher O'Hare in more than one dozen public record requests and other lawsuits against the Town. a. In addition to the aforementioned two state and federal court cases in which Mr. O'Boyle moved for admission pro hac vice on behalf of Christopher O'Hare, THE O'BOYLE LAW FIRM has appeared in the following public records suits on behalf of O'Hare: O'Hare v. Town of Gulf Stream, Case No. 2014CA000818XXXXMB AG (voluntarily dismissed) O'Hare v. Town of Gulf Stream, Case No. 2014CA000824XXXXMB AG O'Hare v. Town of Gulf Stream, Case No. 2014CA000835XXXXMB AG O'Hare v. Town of Gulf Stream, Case No. 2014CA000894XXXXMB AG O'Hare v. Town of Gulf Stream, Case No. 2014CA001770000CM13 AG O'Hare v. Town of Gulf Stream, Case No. 2014CA0023 1 1XXXXMB AN O'Hare v. Town of Gulf Stream, Case No. 2014CA001833XXXXMB AJ b. In addition to the aforementioned federal court case in which Mr. O'Boyle moved for admission pro hac vice on behalf of his father, Martin O'Boyle, THE O'BOYLE LAW FIRM has appeared in the following cases on behalf of his father and entities controlled by him: O'Boyle v. Town of Gulf Stream, Case No. 2014CA000834X}00CvIB AH O'Boyle v. Town of Gulf Stream, Case No. 2014CA001572X}CKMB AJ O'Boyle v. Town of Gulf Stream, Case No. 2014CA02607)DCXXMB AJ (dismissed) O'Boyle v. Town of Gulf Stream, Case No. 2014CA02607XXXXMB AJ (McCarthy, J.) (dismissed) O'Boyle v. Town of Gulf Stream, Case No. 14-80317 CIV (S.D. Fla., Middlebrooks, J.) O'Boyle v. Town of Gulf Stream, Case No. 2014CA002728 XXXXMB AO O'Boyle v. Town of Gulf Stream, Case No. 2014CA004474 XXXXMB AG O'Boyle v. Town of Gulf Stream, Case No. 2014CA005189XXXXMB AE 2 Pursuant to Philadelphia City Wage Tax Regulations, all Philadelphia residents owe the City wage tax regardless of where they work. In addition, non-residents who work in Philadelphia must also pay the wage tax. (See Exhibit "L" attached hereto). It is unknown whether Mr. O'Boyle pays such wage tax. It is further unknown whether THE O'BOYLE LAW FIRM files a federal income tax indicating any business activity in the State of Pennsylvania. Citizens Awareness Foundation v. Town of Guf Stream, Case No. 2014CA003396 AB (dismissed) STOPDIRTYGOVERNMENT, LLC v. Town of Gulf Stream, Case No. 2014CA003721 AH Citizens Awareness Foundation, Inc. v. Town of Gulf Stream and Brannon & Gillespie, LLC, Case NO.2014CA006112XXXXMB AG c. Most recently, THE O'BOYLE LAW FIRM, filed suit on behalf of both O'Hare and Martin O'Boyle. See O'Boyle and O'Hare v. Town of Gulf Stream, Case No. 2014CA005628XXXXMB AG. 26. Rule 4-5.5 prohibits a lawyer that is not admitted to practice in Florida to establish an office or other regular presence in Florida for the practice of law except as authorized by other law. The authorized temporary practice of law in the State of Florida "does not authorize a lawyer to establish an office or other regular presence in Florida without being admitted to practice generally here." Comment to Rules Reg. Fla. Bar R. 4-5.5 (emphasis added). 27. The Florida Bar has addressed the propriety of interstate law firms and stated as follows: ...it is not improper for a Florida Lawyer to be a member of an interstate law firm which maintains offices both in Florida and elsewhere. The partnership, however, must be a full, bona fide partnership in which the profits and losses of several offices are actually shared according to the terms of a partnership agreement. It is improper to engage in such an arrangement if its true effect is merely to create an association whereby legal matters are referred from one office to another and fees are shared only with reference to the particular matters so referred. Professional Ethics Opinion of the Florida Bar 74-78 (Dec. 26, 1974) (quoting former Opinion 65-15) (emphasis added) (attached as Exhibit "M"). See also The Florida Bar v. Savitt, 363 So. 2d 559 (Fla. 1978) (restraining and enjoining law firm from, among other things "(b) operating as an interstate law firm in the State of Florida unless it continues to remain a full, bona fide partnership that operates according to a partnership agreement which does not provide that profits and losses are shared among its members solely on the basis of the proportionate business E either generated or handled by its Florida office" and "(c) operating the Florida office without a partner or partners of the firm, each of whom is a member of The Florida Bar, assuming on a continuing basis responsibility for the supervision of the operations of the Florida office"). 28. By all accounts, Mr. O'Boyle and THE O'BOYLE LAW FIRM are not active in the State of Pennsylvania but, instead, have a regular presence in Florida for the purpose of engaging in the practice of law in the State. 29. Since it appears that there is no Pennsylvania law firm that generates profits and losses, it is questionable whether any bona fide partnership exists that could support an interstate law firm managed by Messrs. Witmer and O'Boyle. 30. This Court should ascertain if a bona fide partnership in which profits and losses of two bona fide offices are actually shared according to the terms of the partnership agreement. WHEREFORE, Defendant respectfully requests that this Court determine whether Plaintiffs counsel, THE O'BOYLE LAW FIRM, P.C., INC. f/k/a JONATHAN R. O'BOYLE, P.C., is engaged in the unauthorized practice of law in the State of Florida and, if so, to disqualify said firm from the representation of Plaintiffs herein. In the alternative, Defendant asks this Court to set an evidentiary hearing to investigate these issues. Respectfully submitted, SWEETAPPLE, BROEKER & VARKAS, PL Attorneys for Defendant Town of Gulf Stream 20 S.E. 3rd Street Boca Raton, Florida 33432 Telephone: (561) 392-1230 Facsimile: (561) 394-6102 E-Mail:pleadings@sweetapplelaw.com By: /s/ Robert A. Sweetapple Robert A. Sweetapple Florida Bar No. 0296988 10 JONES, FosTER, JOHNSTON & STUBBS,P.A. Attorneys for Defendant Town of Gulf Stream 505 South Flagler Drive, Suite 1100 Post Office. Box 3475 West Palm Beach, FL 33402-3475 Telephone: (561) 659-3000 Facsimile: (561) 650-5300 By: /s/ Joanne M. O'Connor John C. Randolph Florida Bar No. 129000 irandoli)h(@,ionesfoster.com Joanne M. O'Connor Florida Bar No. 0498807 ioconnore,ionesfoster.com Ashlee A. Richman Florida Bar No. 91609 arichmanai onesfoster.com I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via the E -Filing Portal this 30a' day of May, 2014, to: NICK TAYLOR, Esquire, the O'Boyle Law Firm, P.C. 1286 West Newport Center Drive, Deerfield Beach, Florida 33442 (ntavlor(ifobovlelawfirm.com and obovlecourtdoes(@ob-o-a-i4a.com i i By: / Jo le onnor M. O'Connor p:\doa113147T00060\pId11jh7878.do= 11 nusuless rnnry Page 1 of 1 Corporations Online Services I Corporations I Forms I Contact Corporations I Business Services Se;rh Business Entity Filing History By ewliness Nome Oats: 41=2014 (Select the link above to view the Business Ey Smin In Entity ID Entity's Filing History) Verify..... __..... ........_._. ....._ .........._... Verify Certification Onlina Orders Business Name History Register for Or_ine Orders Order Good Standing Name Name Type Order CenlgEd Documents The O'Boyle law Firm, P.C. Cunard Name Order Business LIST R. O'BOYLE P.C. Prior Name My Images ,JONATHAN Search for Images Professional Corporation - Domestic- Information Entity Number. 4227891 Status: Active Entity Creation Date: 11114/2013 State of Business.: PA Registered Office Address: 1001 Broad Street Johnstown PA 16906 Cambria Mailing Address: No Address GpyrlghtO teat Pemgrrawa pepminrrter61ff1@. M Rlphla Reraved. Ptv., ftk, l aeuu.rr Rd.ry EXHIBIT hitns'I/WbVIU rmmnrnfinrie ctntP nLl —0`17A0nCl n Int 11n• . Detail by Entity Name Detail by Entity Name Foreign Profit Corporation THE O'BOYLE LAW FIRM, P.C., INC. Filing Information Document Number F14000000600 FEI/EIN Number NONE Date Filed 02/10/2014 State PA Status ACTIVE Principal Address 1286 W. NEWPORT CENTER DRIVE DEERFIELD BEACH, FL 33442 Changed: 02/14/2014 Mailing Address 2146 E. HUNTINGDON STREET PHILADELPHIA, PA 19125 WITMER, RYAN L 1286 W. NEWPORT CENTER DRIVE DEERFIELD BEACH, FL 33442 Address Changed: 02/14/2014 Officer/D[rector Detail Name & Address Title DP O'BOYLE, JONATHAN R 2146 E. HUNTINGDON STREET PHILADELPHIA, PA 19125 No Annual Reports Filed EXHIBIT. Document Images Page 1 of 2 http://search.sunbiz.org/Inquiry/CorporationSearch/ScarchResu]tT)ciail/r.nfitVNnnip/Fnrn_r drmmni.+ rte anorney lnrotmanon I rennsylvama lltsctpllnary 13oard Page 1 of 1 The Disciplinary Board of the Supreme Court of Pennsylvania PA Attorney Information Jonathan Reilly O'Boyle PA Attorney ID: 314500 Current Status: Active Date of Admission: 11/13/2012 Lawfirm: Other Organization: District: 0 County: /,Q_u.Lpf State Public Access 23 N HIDDEN HARBOUR DR Address: G ULFSTREAM, FL 33483 Tel: 1 758-1223 Fax: - Professional Liability I do not maintain Professional Liability Insurance pursuant to the provisions of Rule of Insurance: Professional Conduct 1.4(C), but I do have private clients and/or a possible exposure to malpractice actions. Comment: Discipline: 020078014 The Disciplinary Beard of the Suprema Court of Pennsylvania. I Disceliner Fora nUms or cvnmsnts regarding the wesile, please toned us at web.suaoonApacourtaus. EXHIBIT C„ L,./L........«...r:....:.-1:...._..L....d--- 11....1. :—.-..L..r1: A...os A cnno.... A.......-ar.n A 1 MALA PA Attorney Information I Pennsylvania Disciplinary Board Page 2 of 2 PA Attorney Information Jonathan Reilly O'Boyle PA Attorney ID: 314500 Current Status: Active Date of Admission: 11/13/2012 Lawfirm: Other Organization: District: 0 County: Cambria Public Access Address: 1001 BROAD ST JOHNSTOWN, PA 15906 Tel: 561768-1223 Fax: Professional Liability Insurance: I maintain, either Individually or through my firm, Professional Liability Insurance pursuant to the provisions of Rule of Professional Conduct 1.4(C). Comment: Discipline ©2007-2014 The Disciplinary Board of the Supreme Court of Pennsylvania. I Disclaimer For questions or comments regarding the website, please contact us at web.support6dWacourtsms. EXHIBIT p �n - http://www.padisciplinaryboard.org/loolc-up/pa-attorney-info.php?id=314500&pdcount=0 5/29/2014 IN THE CIR= COURT OF THE 15Ta JUDICIAL CIRCUIT, IN AND FOR PALM BEACH, COUNTY, FLORIDA o, y. cHRTSfOFHERF.o'TtARF Case No.2014CA000720 plaintiff Division Al VS. TOWN OF GULF STREAM, W]ILTAM$.THRASHEtt Defendant VERIFIED MOTIONFOR ADMISSION TO APPEAR PAGHAC VICE PURSUANT TO FLORIDA RULE OF JUDICIAL AI)1 QMMTRATION 2510 Comes mw JONATHAN R. O'BOYLE, Movant herein, and respectfully represents the following 1. Movantfonathan,R.O'BoyleisdomiciledandpermanentlyresidesinLONGPORT, NEW JERSEY. Movant is not a permanent resident of the State of Florida. Movant Jonathan R O'Boyle is a temporary resident of the State of Florida and has an application pending for admission to The Florida Bar•and has not previously been domed admission to'The Florida Bar. 2. Movant is an attorney and a member of the law firm of (or practices law under the name of) no O'Boyle Law Firm. P.C. (Formerly (mown as Jonathan R- O'Bo Ao P.C.), with offices at 2146 R Huntingdon St_ Philadelphia. Philadelphia Pennsylvania 19125 561-758-1223 (County) (State) (Zip Code) (Telephone) 3. Movant has been retained personally or as amember of the above named law flan on January 10, 2014 by Christopher O'Hare via his FL attomev Lou Roeder (Data Representation Commenced) (Name ofParty or Parties) to provide legal representation in connection with the above -styled matter now peadingbolbre the above-named court of the State of Florida. 4. Movant is an active member in good standing and cm=tly eligible to practice law in EXj{H'IBIT''< the following jurisdiction(s): Include attorney orbar m, er(s). (Attach an additional sheet if necessary.) JURISDICTION ATTORNEYBAR NUMBER 5. There are no disciplinaryproceedings pending against Movant, except as provided below (give jurisdiction of disciplinary action, date of disciplinary action, nature of the violation and the sanction, if any, imposed): (Attach.an additional sheetifnecessary.) 6. VJitbiathe past five (5)years, Movant has not been subject to any disciplinary proceedings, except as provided below (give jurisdiction of disciplinary action, date of disciplinary action, nature of the violation and the sanction, if any, imposed): (Attach an additional shoet ifnecessary.) 7. Movant has never been subject to any suspensionproeeedings, except as provided below (give jurisdiction of disciplinary action, data of disciplinary action, nature of the violation and the sanction, ifany, imposed): (Attach an additional sheet ifnecessary.) 2 i� R. Movant has never been subject to any disbannentproceediugs, except as provided below (give jurisdiction of disciplinary action, date of disciplinary action, nature of the violation and the sanction, if any, imposed): sheet if necessary.) 9. Movant, either byresignation, withdrawal, or otherwise, neverhas terminated or attempted to terminate Movant's office as an attorney in order to avoid administrative, disciplinary, disbarment, ar suspeasianproceedings_ 10. Movant is not an inactive member of The Florida Bar. 11. Movant is not now a member of The Florida Bar. I2 Movantis nota suspended member of The Florida Bar. 13. Movant is not a disbarred member of The Florida Barnor has Movant roceived a disciplinary resignation from The Florida Bar. 14. Movant has not previously beer. disciplined or held in contempt by reason of misconduct committed while engaged in representationpursuant to Florida Rule of Judicial Administration 2510, except as provided below (give date of disciplinary action or contempt, reasons therefor, and court imposing contempt): (Attach an additional sheet if necessary.) F 15. Movant has filed motion(s) to appear as counsel in Florida state courts during the past 5ve (5) years in the following matters: (Attach an additional sheet ifnecessary.) DateofMotiou Case Name Case Number Court Date MotionGranted/Denied ti 14 16. Local counsel of record associated with Movant in ibis matter is Ryan t-- WA-eC * 0075(-2) who is an active memberin good standing of The Florida (Name and Florida Bar Number) Bar and has offices at 1Mb(o W• 100Je- 1 PrC�F.(A'f,1� !—'reet.Addms) VC�P�c.� �rL 33I�LIi- (City)q1)4— (OAcs (ftte) (Zip Code) (ralephme with area code) (If local counsel is not an active memberof The Florida Bar in good standing, please provide information as to local counsel's membership status. ) 17. Movanthasread Via applicable provisions ofFlorida, Rule ofJudicial Administration 2.510 and Rule 1-3.10 of the Rules Regulating The Florida Bar and certifies that this verified motion complies withthose rules. 18. Movant agrees to comply with the provisions of the Florida Rules of Professional Conduct and consents to the jurisdiction of the courts and the Bar of the State of Florida. VIB EREFORE, Movant respectfully requests permission to appear in this court for this cause only. DATED this day of Gs vcir 20�. n K �& Movant 7 4 1.140 1:, nUIN L11Vlr1)UiN b1 Page 1 of 2 2146 E HUNTINGDON ST ACCOUNT# 314138000 Assessment Tax LOOP Account information OWNER(S) O'BOYLE KELLY L MAILING ADDRESS 2146 E HUNTINGDON ST Philadelphia PA 191251427 PROPERTY UNIT None PROPERTYZIP 191251427 SALE DATE 8/18/2009 SALE PRICE $193,500 HOMESTEAD $30,000 Property Characteristics LAND AREA 1,260 SgFt IMPROVEMENT AREA 1,548 SgFt IMPROVEMENT DESCRIPTION httn://nrnnPrly nhila anv/ EXHIBIT .4140 6 Y1U1V 111VL71JUN N 1 ROW 2 STY MASONRY BEGINNING POINT 200'E OF COLLINS ST EXTERIOR CONDITION New / Rehabbed ZONING RSA5 Residential/Residential Mixed -Use Page 2 of 2 Note: The Department of Revenue is responsible for collecting real estate taxes. Please visit the Department of Revenue Website (http://www.phila.gov/revenue) for information regarding the billing, collecting and accounting of real estate taxes or call 215-686-6442. New Search View Tax Balances (hftp://www.phila.gov/revenue/RealEstateTax/Default.aspx? txtBRTNo=314138000) Submit an Inquiry (http://opa.phila.gov/opa.apps/Help/CitizenMain.aspx? sch=Ctrl2&s=1 &url=search&id=4406002146) httn•//nrnnvrty nhiln anid "'^` ^^• Certified Valuation History ASSESSED ASSESSED ASSESSED. ASSESSED MARKET LAND IMPROVEMENT LAND IMPROVEMENT TOTAL YEAR VALUE (TAXABLE) (TAXABLE) (EXEMPT) (EXEMPT) ASSESSMENT 2015 $138,400 $18,648 $119,752 $0 $0 $138,400 2014 $138,400 $18,648 $119,752 $0 $0 $138,400 2013 $27,800 $2,159 $6,737 $0 $0 $8,696 2012 $27,800 $2,159 $6,737 $0 $0 $8,896 2011 $27,800 $2,159 $6,737 $0 $0 $8,896 2010 $27,800 $2;159 $6,737 $0 $0 $8,896 2009 $27,800 $2,159 $6,737 $0 $0 $8,896 Note: The Department of Revenue is responsible for collecting real estate taxes. Please visit the Department of Revenue Website (http://www.phila.gov/revenue) for information regarding the billing, collecting and accounting of real estate taxes or call 215-686-6442. New Search View Tax Balances (hftp://www.phila.gov/revenue/RealEstateTax/Default.aspx? txtBRTNo=314138000) Submit an Inquiry (http://opa.phila.gov/opa.apps/Help/CitizenMain.aspx? sch=Ctrl2&s=1 &url=search&id=4406002146) httn•//nrnnvrty nhiln anid "'^` ^^• 0 IN -THE FIFTEENTH JUDICIAL CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 2014-CA-00393BAB CERTIFIED COPY JASON WEEKS, Petitioner, vs. TOWN OF PALM BEACH, Respondent, CONDENSED TRANSCRIPT OF TESTIMONY AND PROCEEDINGS HAD BEFORE THE HONORABLE THOMAS BARKDULL DATE: APRIL 10, 2014 TIME: 9;00 - 10:30 A.M. PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 2 4 r 1 INDEX 1 PROCEEDINGS 2 TESTIMONY AND PROCEEDINGS 2 THE COURT: Jason Weeks vs. Town of Palm 3 APRIL 10, 2014 4 3 Beach. Who Is here on behalf of the plaintiff? 5 WITNESSES FOR DEFENDANT 4 MR. MESA: Good morning, Your Honor. 6 DIRECT CROSS REDIRECT 5 Glovanl Mesa on behalf of plaintiff, Jason 7 DANIELLE OLSON 6 Weeks. 8 By Ms. Cooper 13 29 7 THE COURT: And who do you have with you? By Mr. Mesa 25 g 6 Mr. Weeks? 10 SPENCER WILSON 9 MR. O'BOYLE No, sir. My name is Jon 11 By Ms. Cooper 30 10 O'Boyle. I'm acting as Mr. Mesa's law cleric. By Mr, Mesa 31 11 I'm a Pennsylvania lawyer. 12 13 KATHRYN DYSON 12 me asyou a THE COURT: Let k question, Mr. 14 By Ms. Cooper 33 13 O'Boyle. Any relation to the O'Boyle to the By Mr, Mesa 34 14 O'Boyle Law Firm, P.C.7 15 16 MR. O'BOYLE: Yes, Your Honor. 16 EXHIBITS 17 IN EVIDENCE 16 THE COURT: What's the relation? 16 17 MR. O'BOYLE: That Is my name on the law 19 Respondent's Exhibit No. 1 37 18 gnn. It's an interstate law firm. Letter 19 THE COURT: How do you — it's an 20 20 Interstate law thin with a Florida address? 21 Respondent's Exhibit No, 2 37 E-maga 21 MR. O'BOYLE: There's a Florida address 22 22 and a Pennsylvania address. 23 Petitioners Exhibit No. 1 38 23 THE COURT: And you're down here E-malfs 24 practicing with a firm without being a member 24 25 25 of the Flodda Bar? 3 5 1 APPEARING ON BEHALF OF PETITIONER; 1 MR. O'BOYLE: No, sir. 2 Glovanl Mesa, Esq. 2 THE COURT: Aro you a member of the THE O'BOYLE LAW FIRM, P.C. 3 Florida Bar? 3 1286 West Newpod Center Drive 4 MR. No,sir. Deerfield Beach, Florida 33432 4 5 THE COURT: COURT:O'BOYLWhy do you think you have any 5 APPEARING ON BEHALF OF RESPONDENT: 6 right to stand at thatlable7 6 Margaret L. Cooper, Esq. 7 MR. O'BOYLE I don't have any light other JONES, FOSTER, JOHNSTON & STUBBS, P.A. 8 than to assist Mr. Mesa. 7 505 South Flagler Ddve 9 THE COURT: Good. You step back because Suite 1100 10 we're about to discuss the Illegal practice of 8 West Palm Beach, Florida 33401 11 law without being a member of the Florida Bar. g 10 ALSO PRESENT: Jonathan O'Boyle, Esq, 12 MR. O'BOYLE Yes, Your Honor. ti __ _ 13 THE COURT: Mr. Mesa, are you a memberof 12 BE IT REMEMBERED that the following testimony 14 the Florida Bar? 13 and proceedings were had In the above-ent8led cause 15 MR, MESA: Yes, I am, Your Honor. 14 before the Honorable Thomas Barkduil, In the Palm 16 THE COURT: How long have you been's 15 Beach County Courthouse, City of West Palm Beach, 17 member of the Florida Bar? 16 Slate of Florida, on Thursday, the 10th day of 17 April, 2014, to wh: 18 MR. MESA: Since November of 2010. 18 --- 19 THE COURT: Are you a partner In the, 19 20 quote, O'Boyle Law Flm? 20 21 MR. MESA: I am not, Your Honor. 21 22 THECOURT: How many ademays aro there 22 23 In the O'Boyle Law Finn? 23 24 MR. MESA: Four—five at the moment, 24 25 25 Your Honor. PLEASANTON, GREENHILL, MEF$ & MARSAA 561/833.7811 PLEASANTON, GREENHILL, MEEK & NARSAA 561/8.33.7811 6 e , 1 THE COURT: How many are located in the 1 she admitted receiving an a,mall from Kathryn. 2 State of Florida? 2 THE COURT: Okay. So theta's one a -mall 3 MR. MESA: Four, Your Honor. 3 at Issue. 4 THE COURT: Okay. Who are the partners In 4 MR. MESA: Thatwe're aware of, Your 5 the Florida limn? ?` 5 Honor. 6 MR. MESA: Brian Witmer and Jon O'Boyle. 8 THE COURT: And what date Is the dale of 7 THE COURT: This gentleman Is a partner in 7 that alleged e-mail? a the Florida firm? B MR.MESAt It's May5th. 9 MR. MESA: Its a multi -stats firm, Your 9 THECOURT: Of what year? 10 Honor. To be quite frank with you, I'm not 10 MR MESA: 2011, Your Honor. 11 sure how IL's Incorporated but i know that 11 THE COURT: May 6th, 2011. 12 Brian Witmer Is a partner In the firth and he is 12 Ms. Cooper, what Is your client's position 13 a Florida attorney, 13 on this? 14 THE COURT: Who'- here for the defense? 14 MS. COOPER: Your Honor, there is no 15 MS. COOPER: I am, Your Honor, Margaret 15 a -mall. Let me explain. And they were advised 16 Cooper. 16 thal there is no a -mail. Mr. Weeks is confused 17 THE COURT: Welcome, Ms. Cooper. 17 and I will explain what, happened. Mr. Weeks 18 MS, COOPER: Thank you. 16 filed a complaint with the HR department on 19 THE COURT: All right. Mr. Mesa, you— 19 May S. Mrs. Olson is the HR director. 20 who is Ashlee A. Richman? 20 THE COURT: Is Mr. Weeks an employee? 21 MS. COOPER: Ashler Richman is a lawyer In 21 MS. COOPER: Hewas at the time. Hos. 22 the law firm of Jones, Faster, Johnston & 22 been terminated now and we're In other 23 Stubbs. 23 litigation with Mr. Weeks. 24 THE COURT: I apologize. I grabbed the 24 THE COURT: Okay. 25 wrong pleading. Let melee what was Flied by 25 MS. COOPER: Mrs. Olson who is the HR 7 9 1 the plaintiff here who called my office 1 director was at an Impasse hearing across the 2 yesterday jumping up and dawn saying this is an 2 street In another building. Ms. Dyson 3 emergency. 3 contacted her to advise her that a complaint 4 Mr. Mesa pled this. Okay. Me. Mesa, 4 had been Initiated by Mr. Weeks. Later on when , 5 what do you believe your client needs that your 5 Mrs. Olson was being Interviewed, It was about 6 ollerd is not receiving other than one letter 6 maybe six, eight months later, whatever 0 was, 7 or one a -mall? 7 she knew that there had been an e-mail a MR MESA: Its the Initial e-mail that 8 communication between she and Mrs. Dyson and 9 was made between Kathryn and Danielle who are 9 she made a mistake and she misspoke and she 10 both human resources personnel with the Town of 10 said I initially got the information by e-mail 11 Palm Beach. Your Honor, specifically, itwas a 11 from Mrs. Dyson. Thal was a mistake. It was 12 request that was made by Mr. Weeks for any and 12 either anInstant — 13 all e-mails, Nessages, communlollons and any 13 THE COURT: Okay. So Its the town's 14 documents between Danielle Olson and Kathryn 14 poshfon that. one, it doesn't exist? 16 Dyson, and as staled, both ofwhom are human 15 MS, COOPER It doesn't exist. And 1 16 resource personnel with the Town of Palm Beach 16 apologize, I thought you just wanted to hedr 17 on May 5th, 2011. 17 from the lawyers today. Mrs, Olson Is on her 18 Your Honor, Mr. Weeks received a portion 18 way to testify, she'll be here In five minutes, 19 of an e•mall communication, an e-mail chain, 19 It just simply does not exist and we can't 20 that is, However, It Is missing the Initial 20 produce what's nal. 21 a meg from Kathryn to Danielle, It Is 21 THE COURT: Okay. It doesn't exist so 22 apparent Just on a clear view of the documents 22 have you advised Mr. Mesa of this? 23 that were provided that the Initial a -mall Is 23 MS. COOPER: Wejust got this lawsuit 24 missing. In addition, YOufHenof, there Is a 24 filed. Mr. Weeks was advised but I was at the 25 recorded Interview with Danielle 013 on which 26 2nd OCA arguing a case yesterday and this was PLEASANTON, GREENHILL, MEEK & NARSAA 561/8.33.7811 PLEMANTON, GREFaMnL, MEEK & MARSAA 561/833,7811 10 12 1 all happening very fast. I was getting mady ; • 1 you go to law school? 2 to - 2 MR O'BOYLE: Drexel Lew University In 3 THE COURT: That's why I wanted to do it 3 Philadelphia, Pennsylvania. 4 very quickly because R seems to be a mally 4 THE COURT: Am you from Florida 5 simple Issue. One e-mail, It It exists and 5 originally7 6 [Vs not privileged, It needs to be turned 5 MR. O'BOYLE: Yes, Your Honor. 7 over. If B doesn't exist, R doesn't exist, 7 THE COURT: Whereabouts? 8 and III lake leslimony today and well 8 MR. O'BOYLE: Gulfstream, Florida. 9 determine whether 8 exists or doesn't and 9 THE COURT: Okay. Congratulations on . 10 this case will be over. 10 passing the Florida Bar. Good luck an getting 11 Mr. O'Boyler have you moved to be admitted 11 admitted. 12 pro hoc vim in Florida a1 all? 12 Albright. As soon as ourwllnesses 13 MR. O'BOYLE: Yes, Your Honor. 13 appear, I'll hear testimony. Just advise my 14 THE COURT. How many times? 14 deputy and we'll deal with It. Verygood. 15 MR. O'BOYLE: Ones, Your Honor. 15 (Thereupon, a recess was had.) THE COURT: My suggestion is If you think 18 THE COURT: Good morning and welcome, 17 you're going to keep a law firm In Florida and 17 everyone. Welcome back. Okay. We areham on 18 walk up to counsel table like you're counsel In 16 the case of Weeks vs. Town of Palm Beach on a 19 Florida that you take the Florida Bar. 19 request for an emergency hearing on the Issue 20 MR. O'BOYLE: Yes, Your Honor. 20 of whether public records am available and 21 THE COURT: How long has your firm been 21 whether they should be produced. I heard the 22 operating down here? 22 Initial arguments of counsel. The loom's 23 MR O'BOYLE: Since January, mid January, 23 position, as I understand It, Ms. Cooper, Is 24 Your Honor. 24 that they requested an a -mail that does not 25 THE COURT: Have you signed up for the 25 exist, Is that correct? 11 13 1 Florida Bar yet? 1 MS. COOPER: That Is correct, Your Honor. 2 MR, O'BOYLE Yes, Your Honor, and 1 2 THE COURT: Okay. You may roll your First 3 passed it actually, 3 witness, 4 THE COURT: Congratulations. When are you 4 MS. COOPER; I'll call Danielle Olson. 5 being sworn in? 5 THE COURT: Ma'am, N you'll please take 6 MR. O'BOYLE: That is to be determined, 6 the witness stand, Please watch yourslep. 7 Your Honor. 7 THEREUPON, B THE COURT: Having trouble with your 6 DANIELLE OLSON, 9 background check orwhy aren't you being sworn 9 called as a witness by the Defendant, having been 10 in 1(you passed the Florida Bar? 10 first duly swam by the Court, In answer to 11 MR. OBOYLE Yes, Your Honor, Ipassed 11 questions propounded, was examined and testified as 12 the New Jersey Bar as well and- 12 follows: 13 THE COURT: Well, we're nol in New Jersey. 13 THE COURT: Counsel, you may Inquire. 14 MR. O'BOYLE; Your Honor, cornW. but 14 MS. COOPER: Thank you, Your Honor. 15 Florida is waiting for New Jersey, their 15 DIRECT EXAMINATION 16 process to be completed until they will further 16 BY MS. COOPER: 17 process my file. 17 Q Would you state your name, please? 18 THE COURT: Have you been admided in any 18 A Danielle Olson. 19 stale? 19 O Mrs. Olson, what Is your position with the 20 MR O'BOYLE: Yes, Your Honor, 20 Town of Palm Seoch7 21 Pennsylvania, 21 A Dlmclorcf human resources, 22 THE COURT: When were you admitted In 22 Q And have you been Involved In the search 23 Pennsylvania? 23 in response to Mr. Weeks' public document request 24 MR, O'BOYLE November2012, Your Honor. 24 seeking a -malls between you and Mrs. Dyson - 25 THE COURT: November of 2012- Where did 25 A Yes. ' PLEMANTON, GREFaMnL, MEEK & MARSAA 561/833,7811 . , „ Address Address CIV, State, Zip Code Telephone Number STATEOF 4 ev' ^ e(`&G COUNTY ofi nni C I, M9n(,kt4A Q+ O&.dohereby swear oraMrmunder penaltyof perjury that I am the Movant in the above -styled matter; that Ihave road the foregoing Motion and know the contents thereof, and the contents are tree of my own knowledge andbelieE Movant I hereby consent to be associated as local Zunsel of record in this cause pursuant to Florida Rule of Judicial AAmioistration 2.510.-� DATED this '-93"" day of <I rin wL- rcr i Local Counsel ofRecord %1,6(e W_ Wpqe�( Address r Address Case 9:1 -80530-DMM Document 25 Entered on FLSD Docket 06/17/2013 P of FILED by UNITED STATES DISTRICT COURT Z�I3 SOUTHERN DISTRICT OF FLORIDA �� vEaM tAHIMR a.e�OFaF(Sq 01 r. E Case No. 13-80530-CIV-MIDDLEBROOKS `e MARTIN E.O'BOYLE 13-50 O Plaintiff vs. TOWN OF GULF STREAM Defendant. MOTION TO APPEAR PRO HAC WCE, CONSENT TO DESIGNATION AND REQUEST TO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILINGS In accordance with Local Rules 4(b) of the Special Rules Governing the Admission and Practice of Attorneys of the United States District Court for the Southern District of Florida, the undersigned respectfidly moves for the admission pro hac vice of Jonathan R. O'Boyle of 2146 E. Huntingdon St, Philadelphia, PA 19125, 561-758-1223, for purposes of appearance as co- counsel on behalf of Martin E. O'Boyle in the above -styled case only, and pursuant to Rule 213 of the CM/ECF Administrative Procedures, and to permit Jonathan R. O'Boyle to receive electronic filings in this case, and in support bereof states as follows: 1. Jonathan R. O'Boyle is not admitted to practice in the Southern District of Florida and is a member in good standing of the Pennsylvania Supreme Court (PA BaT#314500). 2. Movant, Robert S. Gershman, Esquire, of the law firm of GERSHMAN & GERSHMAN, P.A., 2160 W. Atlantic Avenue, 2d Floor, 561-684-8898, is a member in good standing of the The Florida Bar and the United States District Court for the Southern District of Florida, maintains an office in this State for the practice of law, and is authorized to file through the Court's electronic filing system. -EXHIBIT N Case 9.13-cv-80530-DMM Document 25 Entered on FLSD Docket 06(1712013 Page 2 of 5 Movant consents to be designated as a member of the Bar of this Court with whom the Court and opposing counsel may readily communicate regarding the conduct of the case; upon whom filings shall be served, who shall be required to electronically file all documents and things that may be filed electronically, andwho shall be responsible for filing documents in compliance with the CM/ECF Administrative Procedures. See Section 2B of the CM/ECF Administrative Procedures. 3. In accordance with the local rules of this Court, Jonathan R. O'Boyle has made payment of this Court's $75 admission fee. A certification in accordance with Rule 4(b) is attached hereto. 4. Jonathan R. O'Boyle, by and through designated counsel and pursuant to Section 2B CM/ECF Administrative Procedures, hereby requests the Court to provide Notice of Electronic Filings to Jonathan R. O'Boyle at email address;JonathanroboyleQagmail.com. WHEREFORE, Robert S. Gershman, moves this Court to enter an Order Jonathan R O'Boyle, to appear before this Court on bebalf of Martin E. O'Boyle, for all purposes relating to the proceedings in the above -styled matter and directing the Clerk to provide notice of electronic filings to Jonathan R. O'Boyle. Date; June 17, 2013 Respectfully submitted, �- R e t S. Gershman Flo 'da Bar No. 917397 Robert@rglawfirm.us GERSHMAN & GERSHMAN, P.A. 2160 W. Atlantic Avenue, 2d Floor Delray Beach, FL 33445 (561) 684-8898 (telephone) (561) 998-5868 (facsimile) Attorney for Martin E. O'Boyle Case 9:13-cv-60530-DMM Document 25 Entered on FLSD Docket 06/17/2013 Page 3 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. I3-80530-Civ-MIDDLEBROOKS MARTIN E. O'BOYLE Plaintiff, VS. TOWN OF GULF STREAM Defendant. CERTIFICATION OF JONATHAN R. O'BOYLE Jonathan R. O'Boyle, Esquire, pursuant to Rule 4(b) of the Special Rules Governing the Admission and Practice of Attorneys, hereby certifies that (1) I have studied the Local Rules of the United States District Court for the Southern District of Florida; and (2)l am amember in good standing of the Pennsylvania Supreme Court. to gPAona O'Boyle Bar4314500 Case 9:13-cv-80530-DMM Document 25 Entered on FLSD Docket 06/1712013 Page 4 of 5 CERTIFICATE OF SERVICE IHEREBY CERTIFY that atrue and correct copy of the foregoing Motion to Appear Pro Rac Nice, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings was served by uploading same to the CM/FCF. SERVICE LIST Joanne M. O'Connor joconnor@jonesfoster.com JONES FOSTER JOHNSTON & STUBBS, PA 505 South Flagler Drive Suite 1100 West Palm Beach, FL 33401 561-659-3000 (telephone) 561-650-5300 (facsimile) Attorneys for Defendant Town of Gulf Stream Case 9:13-cv-80530-DMM Document 25 Entered on FLSD Docket 06/17/2013 Page 5 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 13-80530-CIV-MIDDLEBROOKS MARTIN E. O'BOYLE Plaintiff, VS. TOWN OF GULF STREAM Defendant. ORDER GRANTING MOTION TO APPEAR PRO HAC VICE, CONSENT TO DESIGNATION AND REQUEST TO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING THIS CAUSE having come before the Court on the Motion to Appear Pro Hoc Vice for Jonathan R. O'Boyle, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing (the "Motiori"), pursuant to the Special Rules Governing the Admission and Practice of Attorneys in the United States District Court for the South District of Florida and Section 2B of the CM/ECF Administrative Procedures. This Court having considered the motion and all other relevant factors, it is hereby of Florida ORDERED OR ADJUDGED that: The Motion is GRANTED. Jonathan R. O'Boyle, may appear and participate in this action on behalf of Martin E. O'Boyle, The Clerk shall provide electronic notification of all electronic filings to Jonathan R. O'Boyle at Jonathanroboyle@gmail.com. DONE AND ORDERD in Chambers, West Palm Beach, Palm Beach County, Southern District of Florida, on June , 2013. DONALD MIDDLE13ROOKS United States District Judge Copies furnished to: All Counsel of Record Case 9:13-cv-80530-DMM Document 27 Entered on FLSD Docket 06119/2013 Page 1 of 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 13-80530-CIV-MIDDLEBROOKS y MARTIN E, O'BOYLE, Plaintiff, VS. TOWN OF GULF STREAM, Defendant. THIS CAUSE comes before the Court upon a Motion to Appear Pro Hae Vice, Consent to Designation, and Request to Electronically Receive Notice of Electronic Filings (DE 25) ("Motion"), filed June 17, 2013. The Court has reviewed the record and is fully advised in the premises. Pursuant to Local Rule 4(b) of the Special Rules Governing the Admission and Practice of Attorneys in the United States District Court for the Southern District of Florida, the Motion requests permission for the limited appearance of Jonathan R. O'Boyle, of 2146 E. Huntington St., Philadelphia, PA 19125, as co -counsel on behalf of Plaintiff in this matter. The Motion has been properly filed with the required documentation, and the attorney appears to be in good standing. Accordingly, it is hereby ORDERED AND ADJUDGED that the Motion to Appear Pro Hoc Vice, Consent to Designation, and Request to Electronically Receive Notice of Electronic Filings (DE 25) is GRANTED. Jonathan R. O'Boyle may appear and participate as co -counsel in this action on behalf of Plaintiff. The Clerk shall provide electronic notification of all electronic filings to Jonathan R. O'Boyle at ionathanroboyle(a),gmail.com. DONE AND ORDERED in Chambers at West 2013, Copies to: Counsel of Record this /If day of June, DDRALD M. MIDDLEBROOKS UNITED STAPES DISTRICT JUDGE UNITED STATES DISTRICT COURT FO *= SOUMI RN DISTRICT OF rLORMA WEST PALM BEACH DIVISION CASE NQ: 9:13-cvr81053-IMM CBRIS O'EUIM Plaintiff, Va. TOWN OF GULF STREAM at. ai, Derendauts- tl t•U 1J �• � • •�1 1 L In accordance with Local Rules 40) of the Special Rules Ooveming the Admission and Practice ofAttomeysofthe'United States District Court for the Southern District ofFlorida, the uudcrsign6d respectfully moves for the admission pro her vice of Jonathan R. O'Boyle of 21461Eunfingdon St., Philadelphia PA 19125, 561-758-1223, for purposes of appearuice as cc -counsel on behalf of Chris O'Hare in the above -styled case only, and ptnsgant to Rule 2B of the CNJ/ECF Adminlstrutive Procedures, to permit foaalhaa R. O'Boyle to receiv"lecttonic filings in this case, and in support thereof stares as follows: 1. Jonathan R. O'Boyle is not admitted to practice in the Southern District of Florida and is a member in good standing of the Pennsylvania Supreme Court (PA Bar# 314500). 2. The undersigned is a member In good standing of the The Florida Bar and the United States District Court for the Southern District of Florida, maintains an office in this State for the practice of law, and is authorized to file through the Court's electronic filing system. Movant consents to be designated as a member of the Bar of this Court with whom the Court and Opposing counsel may readily communicate regarding the conduct of the case; upon whom filings shall be served, who shall be required to electronically file all documents and things that may be filed electronically, rind who shall be responsible for tiling documents in compliance with the CNDECF Administrative procedures. See Section 213 of the CM/ECF Administrative Procedure, CEIVEi �y[ EXHIBIT AN 13 2014 b 9 q BY. I 3. In accordance with the local rules of this Court, Jonathan IL O'Boyle has made payment of this Court's $75 admission, fee. A certification in accordance wifli Rule 4(b) is being filed contemporaneously with. this Motion, A bopy is attached hereto, 4. Jonathan R. O'Boyle, by and through designated counsel and pursuhni to Section 2B CM/ECP Administrative Procedures, hereby raquests the Court to provide Notice ofBleoftnic Filing to Jonathan R. O'Boyle at email address: jonath=boylc@gmnil.com. WHEREFORB, Mark J. Hanna moves thisCourt toenter anOrder p rinittingJonathan R_ O'Boyle to appear before this Court on behalf of Chris O'Rare for all purposes relating to thb pr6reead ngs in the above -styled matter and directing the Clack to provide notice of eleetrohia filings to Jonathan R - O'Boyle. I FICREBY CERTIFY that on January 10, 2014,1 filed the foregoing document with the Clerk of Court via conventional method due to the natute of the motion. I further certify that mailed the foregoing document via ptapoid first clast U.S. alailto the followingr Michael R. Piper Cjuistophor J. Steams JOHNSON, ANSMMQ, MURDOCH, BURKE, PIPER & HOCMAAN, P.A. 2455 East Sunrise Boulevard, Suite 1000 Fort Lauderdale, Florida 33304 Toloplhone.: (954) 463-0100 piper@jatnbg.com ateams@jambg.com Dated: January 7, 2014 GMN1WDjSON P.A. 4.01 South4gaty Road #3272 Palm Bggaadh, 3 80-9991 Tel:56Y-Z� 999 Plorhoai2� 9.0045251 561-723-8284 (cell & text) mlianna@g3iWe,w.com UNITED STATES DISTMCT COIW FORTH SOUTHERN DISTRICT OF FLORIDA WEST PALMI BEACH DIVISION CASE NO: 9:13-cb-91053-ICER CHRIS O'HART PlalA,off, vf. TOWN OP GULP STREAM! et. al. Defcaduuts. :111LI (OrM (11990)•�: c� C ;s Jonathan 1L O'Boyle, Esgpire, pursuant to Ry10 4(b) of the Special Rules Governing the Admissiop and Motloo ofAttomeys, berieby o"firs that (1).1 have studied the Local Rules dfthe United States District Court for the Southern District of Florida, and (2) 1 4 a member in good standing of tha Pennsylvania Supreme Court 19125 314500 I BEREBI' CBRTII+Y that on January 10, 2014, I filed the foregoing document with the Clerk of Court via conventional method due to the nature of the motion. I further certify that mailed the foregoing document via prepaid first class U.S. marl to the following WoMel R. Piper ChTlstopherJ. Steams JOHNSON, AN8%MO, MURDOCH, BURR£, P1PF,R& i30.CMAN, P.A. 2455 East Sunrise Boulevard, Suite 1000 Foxt Laudardala, Florida 33304 Telephone.r (954) 463-0100 pipe.r@jambg.com steams(;ln jambg.00m Dated: January 1, 2014 OM1v1IWDISON P.A. 401 South County Road #3272 Paha Bosch FL33480-9991 Tel: 561f20-9994 Mark J. Hanan Florida BarNo, 0045.251 S61-7.23-8284 (toll & text) mhomm®g3mlow,ocm UNTIED STATES DISTRICT COURT FOR TEE SO=RN DISTRICT OF FLORIDA WEST PALM BEACH DIVISION CASE N6.9;13-cv-81053-KLR N71t t;�ilieltiiia"1 Plaintiff, V9. TOWN OF GULF STREAM at al. Defendants, :. SII • [ • o t � • . IY • ll 1 TIUS CAUSE having coma before the Court on the Motion to Appear Pro }Jac Vice for Jonathan R, O'Boyle, Consent to Designation, and Request to Elactrohically ReceiVe Notioes of Electronic Filing (ilte "Motion"), pursuant to the Special Rules Governing die Admission and Practice of Attorneys in the United States District Couttfor the Southern District of Florida, and Section 213 ofthe CM/ECF Administrative procedures. This Court having considered the motion and all other relevant fictors, it is hereby of Florida ORDERED OR ADJLIDGED that: The Motion is GRANTED. Jonathan R. O'Boyle, may appear and participate In this action oa behalf of Chris O'Hare. The Clark shalt provide electronic notification of all electronic filings to Jonathan R. O'Boyle atjonatlianroboylc@gmall•com. DONE AND ORDERED in Chambers, West Palm Boapb, Palm Beach County, Southern District of Florida, on January _ Z014, KENNETH L. RYSKAMP United States District Judge Copies fumished to: All Counsel of Record Find Lawyer, Attorney, Law Firms, Attorneys, Legal Information. LegalDirectories.com Page 1 of 1 �qp advanui. ,it..1,„� adwnet rnd, snit xe N nM rla�rt:•i a b1N.l as+e a Eau 6r •sa a tl U:aa447-n75etl.116 Legal tyrectodu PrIDIsI:Yfg Curramy, N:.r has beef ptO'al:csg sbde legal dralonee rxe 1975 asW his b awn b be AmRa'a U:rgest PuMulwr of Steal Laq:d Ouedones, n: n n' n�wefy s dr -n, Find a Lawyer Search Results By London Areas of Practice Bases of Litems: FL Experts&Services Postal Cade; 31,183 Products Ccuny.Terish; Palm Beach County Ademey Lest Name OBoyle Online Store Attorney Flat Name: Jonsman Bar Ur;ua Assulls sorteil by; Attorneys Last Name About Us No results found. Please try a diflerenl sump cdtads. Contact Us Oiscalmer ehrm to Search Privacy Policy Advance Search the FIA . Li? I_yt IEss'a.:.a nlWrwof Or dI I'neeard Causes s l Nom• IL"9c Arg M, aaHiMtl ':.'bid :up;; r•.. aq::n;Liii>9rgr'r✓B9::Yi;;>�!i!^i:.'+b:•p,re�Ca-r. All r`JhU mxrveO Vass ` Use cl thio Lryall2kWones mm web die and me Worrell.. conlelrwd heesiU it suDleq to we lana .ons am Violation, desrnbad iQna71L414"t at By accusing or raintrAg Information honLepeLim4anea.mm, meuserecknowledgea anJ agrees b be bound Ly It hj,r %rl."a!dp Legaf Olroaohe$ Pubgsh!M CMFFiny Inc. -9111 fadePd Puuq Oa:'u Tens.15218 - I50g) ddy-5]]5{]NI721•]27 r http://Www.legaldirectories.e.omlSearch.aspx?SearchOpt=B&SearchFor-0&Bioe-0&State... 4/21/2014 7onathan Reilly O'Boyle - Lawyer in Gulf Stream, Florida (FL).Palm Beach County - lega... Page 1 of 1 � � Il yairoalawyerar en b onc lafann Inlwda'ee$lewb n on h. in ce • Is yaw We^.hoe.3 ull a Saba Speadnu¢ SL 14100447337 aA IIt U'rb' La•,-iur•. haMei+ny l3 15Jhan4 Na e•: ,: be 4run a•. Larx,! I Iiaanol v::Ra•e 7o:ul Qai q',+ 4. 1 % 7&m 7oaMurwpncar S3*. Find a La4ar ra,ne>Bmtae lawnK>AnCaa3•.: Piech, SulrSkeam FlDr:a u.WW By Location Jonathan Reilly 07BOyle Update llde Profile a Areas of Practice Experts S Services Products J:norron Rvd°yMaylo is a Laayerin Florida, Gull Stream. online Store Bar Links (Pennaytvania Out of Slots Lisdng) About US Jonathan Reilly O'Boyle contact Us 23 N Hidden Harbour Or Disclaimer GUlr Sheare, FL 33483.7244 Prlvaey Policy Palm Beach County Advance Search Contact Jonathan Reilly O'Boyle (581)758-1223 thelaaalsawah.-otm ^.UaU./cr7 p/Lcrer::I G:imS st,.•va IMua; Pnryb lMenehap Su44,wui H:mnlQ7ye,me' i7J�y1r1RML ,014(;,�11.LJ'•..,..; ;: 1„i:vp'i::Qyzr.Ire. Thns.,aul Sv,� Fn9�C^.N<rN`tJln.rvM �6f Uto of ltb.J:7gta,)y!v7 tgd5"•t''�Iv a:d tn•Md..Ta:µh:al:imcd lx:aN is ablad'uP.e roalrklbna and o:nilaonna daxdbetlN .inn _ 7.➢ar4Pnvaa Pollav Ey nsevth•q crte•:n.'. �p •:d'ir ol.-n lrom Le9a!0heiv,oi cyte,. usar acknowleddvs ald Some% W be b,aut b7 svch hrmo-.yrjcq and V.Aoav Poly 4:41:: D.'!�"'+'•tn Fpl•4uu.mD C'a.T.l J:/, I:•; - 8117 Gwtuld Rradl Dallaa Texas 75218. =1447-53751214f=-3231 RULE 4.5.5 UNLICENSED PRACTICE OF LAW; MULTI]URISDICTIONAL PRACTICE OF LAW Page I of 7 The Florida Bar www.floridabar,org RULE 4-5.5 UNLICENSED PRACTICE OF LAW; MULTIJURISDICTIONAL PRACTICE OF LAW 4 RULES OF PROFESSIONAL CONDUCT 4-5 LAW FIRMS AND ASSOCIATIONS RULE 4-5,5 UNLICENSED PRACTICE OF LAW; MULTIJURISDICTIONAL PRACTICE OF LAW (a) Practice of Law. A lawyer shall not practice law in a jurisdiction other than the lawyer's home state, in violation of the regulation of the legal profession in that jurisdiction, or in violation of the regulation of the legal profession in the lawyer's home state or assist another in doing so. (b) Prohibited Conduct. A lawyer who is not admitted to practice in Florida shall not: (1) except as authorized by other law, establish an office or other regular presence in Florida for the practice of law; (2) hold out to the public or otherwise represent that the lawyer is admitted to practice law in Florida; or (3) appear in cowl, before an administrative agency, or before any other tribunal unless authorized to do so by the court, administrative agency, or tribunal pursuant to the applicable rules of the court, administrative agency, or tribunal. (c) Authorized Temporary Practice by Lawyer Admitted in Another United States Jurisdiction. A lawyer admitted and authorized to practice law in another United States jurisdiction who has been neither disbarred or suspended from practice in any jurisdiction, nor disciplined or held in contempt in Florida by reason of misconduct committed while engaged in the practice of law permitted pursuant to this rale, may provide legal services on a temporary basis in Florida that: (1) are undertaken in association with a lawyer who is admitted to practice in Florida and who actively participates in the matter; or EX IBR= (1 ii http://www.floridabar.org/divexe/atf6.nsf/FV/AE4F324F9F246B2085257A2CO0628278 5/29/2014 RULE 4-5.5 UNLICENSED PRACTICE OF LAW; MULTIJURISDICTIONAL PRACTICE OF LAW Page 2 of 7 (2) are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction, if the lawyer is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized; or (3) are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in this or another jurisdiction, and the services are not services for which the forum requires pro hac vice admission: (A) if the services are performed for a client who resides in or has an office in the lawyer's home state, or (B) where the services arise out of or are reasonably related to the lawyer's practice in a jurisdiction in which the lawyer is admitted to practice; or (4) are not within subdivisions (c)(2) or (c)(3), and (A) are performed for a client who resides in or has an office in the jurisdiction in which the lawyer is authorized to practice, or (B) arise out of or are reasonably related to the lawyer's practice in a jurisdiction in which the lawyer is admitted to practice. (d) Authorized Temporary Practice by Lawyer Admitted in a Non -United States Jurisdiction. A lawyer who is admitted only in a non -United States jurisdiction who is a member in good standing of a recognized legal profession in a foreign jurisdiction whose members are admitted to practice as lawyers or counselors at law or the equivalent and are subject to effective regulation and discipline by a duly constituted professional body or a public authority, and who has been neither disbarred or suspended from practice in any jurisdiction nor disciplined or held in contempt in Florida by reason of misconduct committed while engaged in the practice of law permitted pursuant to this rule does not engage in the unlicensed practice of law in Florida when on a temporary basis the lawyer performs services in Florida that: (1) are undertaken in association with a lawyer who is admitted to practice in Florida and who actively participates in the matter; or (2) are in or reasonably related to a pending or potential proceeding before a tribunal held or to be held in a jurisdiction outside the United States if the lawyer, or a person the lawyer is assisting, is authorized by law or by order of the tribunal to appear in such proceeding or reasonably expects to be so authorized; or http://www.floridabar.org/divexc/rrtfb.nsf/FV/AE4F324F9F246B2085257A2C00628278 5292014 RULE 4-5.5 UNLICENSED PRACTICE OF LAW; MULTISURISDICTIONAL PRACTICE OF LAW Page 3 of 7 (3) are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding held or to be held in Florida or another jurisdiction and the services are not services for which the forum requires pro hac vice admission (A) if the services are performed for a client who resides in or has an office in the jurisdiction in which the lawyer is admitted to practice, or (B) where the services arise out of or are reasonably related to the lawyer's practice in a jurisdiction in which the lawyer is admitted to practice; or (4) are not within subdivisions (d)(2) or (d)(3), and (A) are performed for a client who resides or has an office in a jurisdiction in which the lawyer is authorized to practice to the extent of that authorization, or (B) arise out of or are reasonably related to a matter that has a substantial connection to a jurisdiction in which the lawyer is authorized to practice to the extent of that authorization; or (5) are governed primarily by international law or the law of a non -United States jurisdiction in which the lawyer is a member. Comment Subdivision (a) applies to unlicensed practice of law by a lawyer, whether through the lawyer's direct action or by the lawyer assisting another person. A lawyer may practice law only in a jurisdiction in which the lawyer is authorized to practice. A lawyer may be admitted to practice law in a jurisdiction on a regular basis or may be authorized by court rule or order or by law to practice for a limited purpose or on a restricted basis. Regardless of whether the lawyer is admitted to practice law on a regular basis or is practicing as the result of an authorization granted by court rule or order or by the law, the lawyer must comply with the standards of ethical and professional conduct set forth in these Rules Regulating the Florida Bar. The definition of the practice of law is established by law and varies from one jurisdiction to another. Whatever the defmition, limiting the practice of law to members of the bar protects the public against rendition of legal services by unqualified persons. This rule does not prohibit a lawyer from employing the services of paraprofessionals and delegating functions to them, so long as the lawyer supervises the delegated work and retains responsibility for their work. See http://www.flofdabar.org/divme/rrtfb.nsf/FV/AF4F324F9F246B2085257A2C00628278 5/292014 RULE 4-5.5 UNLICENSED PRACTICE OF LAW; MULTIJURISDICTIONAL PRACTICE OF LAW Page 4 of 7 rule 4-5.3. Likewise, it does not prohibit lawyers from providing professional advice and instruction to nonlawyers whose employment requires knowledge of law; for example, claims adjusters, employees of financial or commercial institutions, social workers, accountants, and persons employed in government agencies. In addition, a lawyer may counsel nonlawyers who wish to proceed pro se. Other than as authorized by law, a lawyer who is not admitted to practice in Florida violates subdivision (b) if the lawyer establishes an office or other regular presence in Florida for the practice of law. Presence may be regular even if the lawyer is not physically present here. Such a lawyer must not hold out to the public or otherwise represent that the lawyer is admitted to practice law in Florida. Subdivision (b) also prohibits a lawyer who is not admitted to practice in Florida from appearing in a Florida court, before an administrative agency, or before any other tribunal in Florida unless the lawyer has been granted permission to do so. In order to be granted the permission, the lawyer must follow the applicable rules of the court, agency, or tribunal including, without limitation, the Florida Rules of Judicial Administration governing appearance by foreign attorneys. There are occasions in which a lawyer admitted and authorized to practice in another United States jurisdiction or in a non -United States jurisdiction may provide legal services on a temporary basis in Florida under circumstances that do not create an unreasonable risk to the interests of his or her clients, the public, or the courts. Subdivisions (c) and (d) identify such circumstances. This rule does not authorize a lawyer to establish an office or other regular presence in Florida without being admitted to practice generally here. Furthermore, no lawyer is authorized to provide legal services pursuant to this rule if the lawyer is disbarred or suspended from practice in any jurisdiction or has been disciplined or held in contempt in Florida by reason of misconduct committed while engaged in the practice of law permitted pursuant to this rule. The contempt must be final and not reversed or abated. There is no single test to determine whether a lawyer's services are provided on a "temporary basis" in Florida and may therefore be permissible under subdivision (c). Services may be "temporary" even though the lawyer,provides services in Florida on a recurring basis or for an extended period of time, as when the lawyer is representing a client in a single lengthy negotiation or litigation. Subdivision (c) applies to lawyers who are admitted to practice law in any United States jurisdiction, which includes the District of Columbia and any state, territory, or commonwealth of the United States. The word "admitted" in subdivision (c) contemplates that the lawyer is http://www.floridabu.org/divexe/rrtib.nsf/FV/AE4F324F9F246B2085257A2CO0628278 5/29/2014 RULE 4-5.5 UNLICENSED PRACTICE OF LAW; MULTUURISDICTIONAL PRACTICE OF LAW Page 5 of 7 authorized to practice in the jurisdiction in which the lawyer is admitted and excludes a lawyer who while technically admitted is not authorized to practice because, for example, the lawyer is on inactive status. Subdivision (d) applies to lawyers who are admitted to practice law in a non - United States jurisdiction if the lawyer is a member in good standing of a recognized legal profession in a foreign jurisdiction, the members of which are admitted to practice as lawyers or counselors at law or the equivalent and subject to effective regulation and discipline by a duly constituted professional body or a public authority. Due to the similarities between the subsections, they will be discussed together. Differences will be noted. Subdivisions (c)(1)and (d)(1) recognize that the interests of clients and the public are protected if a lawyer admitted only in another jurisdiction associates with a lawyer licensed to practice in Florida. For these subdivisions to apply, the lawyer admitted to practice in Florida could not serve merely as a conduit for the out-of-state lawyer, but would have to share actual responsibility for the representation and actively participate in the representation. To the extent that a court rule or other law of Florida requires a lawyer who is not admitted to practice in Florida to obtain admission pro hac vice prior to appearing in court or before a tribunal or to obtain admission pursuant to applicable rule(s) prior to appearing before an administrative agency, this rule requires the lawyer to obtain that authority. Lawyers not admitted to practice generally in Florida may be authorized by law or order of a tribunal or an administrative agency to appear before the tribunal or agency. This authority may be granted pursuant to formal rules governing admission pro hac vice or pursuant to formal rules of the agency. Under Subdivision (c)(2), a lawyer does not violate this rule when the lawyer appears before a tribunal or agency pursuant to such authority. As with subdivisions (c)(1) and (d)(1), to the extent that a court rule or other law of Florida requires a lawyer who is not admitted to practice in Florida to obtain admission pro hac vice prior to appearing in court or before a tribunal or to obtain admission pursuant to applicable rule(s) prior to appearing before an administrative agency, this rule requires the lawyer to obtain that authority. Subdivision (c)(2) also provides that a lawyer rendering services in Florida on a temporary basis does not violate this rule when the lawyer engages in conduct in anticipation of a proceeding or hearing in a jurisdiction in which the lawyer is authorized to practice law or in which the lawyer reasonably expects to be admitted pro hac vice. Examples of such conduct include meetings with the client, interviews of potential witnesses, and the review of documents. Similarly, a lawyer admitted only in another jurisdiction may engage in conduct temporarily in Florida in connection with pending litigation in another jurisdiction in which the lawyer is or reasonably expects to be authorized to appear, including taking depositions in Florida. httpVA vww.floridabar.org/div"eirrtfb.nsf/FV/AE4F324F9F246B2085257A2C00628278 5292014 RULE 4-5.5 UNLICENSED PRACTICE OF LAW; MULTUURISDICTIONAL PRACTICE OF LAW Page 6 of 7 Subdivision (d)(2) is similar to subdivision (c)(2), however, the authorization in (d)(2) only applies to pending or potential proceedings before a tribunal to be held outside of the United States. Subdivisions (c)(3) and (d)(3) permit a lawyer admitted to practice law in another jurisdiction to perform services on a temporary basis in Florida if those services are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in this or another jurisdiction, if the services are performed for a client who resides in or has an office in the lawyer's home state, or if the services arise out of or are reasonably related to the lawyer's practice in a jurisdiction in which the lawyer is admitted to practice. The lawyer, however, must obtain admission pro hac vice in the case of a court -annexed arbitration or mediation if court rules or law so require. The lawyer must file a verified statement with The Florida Bar in arbitration proceedings as required by rule 1-3.11 unless the lawyer is appearing in an international arbitration as defined in the comment to that rule. A verified statement is not required if the lawyer first obtained the court's permission to appear pro hac vice and the court has retained jurisdiction over the matter. For the purposes of this rule, a lawyer who is not admitted to practice law in Florida who files more than 3 demands for arbitration or responses to arbitration in separate arbitration proceedings in a 365 -day period shall be presumed to be providing legal services on a regular, not temporary, basis; however, this presumption shall not apply to a lawyer appearing in international arbitrations as defined in the comment to rule 1-3.11. Subdivision (c)(4) permits a lawyer admitted in another jurisdiction to provide certain legal services on a temporary basis in Florida that are performed for a client who resides or has an office in the jurisdiction in which the lawyer is authorized to practice or arise out of or are reasonably related to the lawyer's practice in a jurisdiction in which the lawyer is admitted but are not within subdivisions (c)(2) or (c)(3). These services include both legal services and services that nonlawyers may perform but that are considered the practice of law when performed by lawyers. When performing services which may be performed by nonlawyers, the lawyer remains subject to the Rules of Professional Conduct. Subdivisions (c)(3), (d)(3), and (c)(4) require that the services arise out of or be reasonably related to the lawyer's practice in a jurisdiction in which the lawyer is admitted. A variety of factors evidence such a relationship. The lawyer's client may have been previously represented by the lawyer, or may be resident in or have substantial contacts with the jurisdiction in which the lawyer is admitted. The matter, although involving other jurisdictions, may have a significant connection with that jurisdiction. In other cases, significant aspects of the lawyer's work might be conducted in that jurisdiction or a significant aspect of the matter may involve the law of that http://www.floridabu.org/divexe/rrtib.nsf/FVIAE4F324F9F246B2085257A2C00628278 5/292014 RULE 4-5.5 UNLICENSED PRACTICE OF LAW; MULTUURISDICTIONAL PRACTICE OF LAW Page 7 of 7 jurisdiction. The necessary relationship might arise when the client's activities or the legal issues involve multiple jurisdictions, such as when the officers of a multinational corporation survey potential business sites and seek the services of their lawyer in assessing the relative merits of each. In addition, the services may draw on the lawyer's recognized expertise developed through regular practice of law in a body of law that is applicable to the client's particular matter. Subdivision (d)(4) permits a lawyer admitted in a non -United States jurisdiction to provide certain services on a temporary basis in Florida that are performed for a client who resides in or has an office in the jurisdiction where the lawyer is authorized to practice or arise out of or are reasonably related to a matter that has a substantial connection to a jurisdiction in which the lawyer is authorized to practice to the extent of that authorization but are not within subdivisions (d)(2) and (d)(3). The scope of the work the lawyer could perform under this provision would be limited to the services the lawyer may perform in the authorizing jurisdiction. For example, if a German lawyer came to the United States to negotiate on behalf of a client in Germany, the lawyer would be authorized to provide only those services that the lawyer is authorized to provide for that client in Germany. Subdivision (d)(5) permits a lawyer admitted in a non -United States jurisdiction to provide services in Florida that are governed primarily by international law or the law of a non -United States jurisdiction in which the lawyer is a member. A lawyer who practices law in Florida pursuant to subdivisions (c), (d), or otherwise is subject to the disciplinary authority of Florida. A lawyer who practices law in Florida pursuant to subdivision (c) must inform the client that the lawyer is not licensed to practice law in Florida. The Supreme Court of Florida has determined that it constitutes the unlicensed practice of law for a lawyer admitted to practice law in a jurisdiction other than Florida to advertise to provide legal services in Florida which the lawyer is not authorized to provide. The rule was adopted in 820 So. 2d 210 (Fla. 2002). The court first stated the proposition in 762 So. 2d 392, 394 (Fla. 1999). Subdivisions (c) and (d) do not authorize advertising legal services to prospective clients in Florida by lawyers who are admitted to practice in jurisdictions other than Florida. Whether and how lawyers may communicate the availability of their services to prospective clients in Florida is governed by rules 4-7.1 through 4-7.10. A lawyer who practices law in Florida is subject to the disciplinary authority of Florida. C 2014 The Florlda Bar I Disclalmer I Top of page I Get Adobe Acrobat http://www.florfdabar.org/divexe/nUb.nsf/FV/AE4F324F9F246B2085257A2CO0628278 5/29/2014 Philadelphia City Wage Taxes Overview The City Wage Tax Is a tax on salaries, wages, commissions and other compensation paid to an employee who is employed by or renders services to an employer. Generally, Individuals who work for a company In Pennsylvania will find that the company deducts the Wage Tax from their pay since this is required by law. All Philadelphia residents owe the City Wage Tax regardless of where they work. Non-residents who work in Philadelphia must also pay the Wage Tax. Who Must File All employers located in Pennsylvania are required to register with the City of Philadelphia within 30 days of becoming an employer of a resident of Philadelphia or of a non-resident of Philadelphia doing business In Philadelphia. Employers are required to withhold and remit the Wage Tax at the prescribed rate from all residents of Philadelphia or non-residents doing business In Philadelphia in Its employ. Employers and payroll service companies must also remit W -2s to Philadelphia. W-2 submission Instructions are in the Common Forms box to the right. If you are a resident of Philadelphia or a non-resident who works in Philadelphia, and your employer Is not required to withhold the tax, you must register for an Earnings Tax Account. You can register for an Earnings account on our website using your social Security Number. PROFESSIONAL ETHICS OF THE FLORIDA BAR OPINION 74-48 December 26, 1974 It is permissible for an interstate partnership with an office in Florida to use its firm name in this state even though none of the lawyers listed in the firm name are admitted in Florida, but the letterhead should indicate which members of the firm are admitted in Florida. [Note: See, The Florida Bar v. Savin, 363 So.2d 559 (Fla. 1978), which discusses the requirements of a bona fide interstate partnership.] CPR: DR 2-102(D) Opinion: 65-15 Vice Chairman Daniels stated the opinion of the committee: A member of The Florida Bar contemplates formation of an interstate partnership with a New York law firm and requests guidance regarding operations of the interstate partnership in Florida. The formation of interstate partnerships is sanctioned by DR 2-102(D), which provides: A partnership shall not be formed or continued between or among lawyers licensed in different jurisdictions unless all enumerations of the members and associates of the firm on its letterhead and in other permissible listings make clear the jurisdictional limitations on those members and associates of the firm not licensed to practice in all listed jurisdictions; however, the same firm name may be used in each jurisdiction. In view of the underscored language above, the New York firm name may be used in Florida although none of the lawyers in such firm name are admitted in Florida. Fortner opinions to the contrary, such as 65-15 [since withdrawn], have been overruled by the subsequent amendment to the Code of Professional Responsibility underscored above. However, the Committee reaffirms the following language from former Opinion 65-15: ... it is not improper for a Florida lawyer to be a member of an interstate law firm which maintains offices both in Florida and elsewhere. The partnership, however, must be a full, bona fide partnership in which the profits and losses of the several offices are actually shared according to the terms of the partnership agreement. It is improper to engage in such an arrangement if its true effect is merely to create an association whereby legal matters are referred from one office to another and fees are shared only with reference to the particular matters so referred. 'EXFQ4IT3 11 ,, ... all attorneys who are members or associates of such firm must be "amenable to professional discipline" at the place where the partner or associate is actually engaged in practice and the partner or associate must be a member of the bar authorized to practice law at that place; and that the public and other lawyers must not in any way be misinformed or misled concerning the authority of any member of an interstate firm to practice in a particular jurisdiction, In the latter connection, if the name of a lawyer is listed on the letterhead of a Florida firm when that lawyer is not admitted to practice in Florida, then an affirmative statement must appear on the letterhead indicating that the lawyer is not authorized to practice in this state. Further, it is not proper to list the name of any attorney in a telephone directory, published and used in Florida, unless the attorney is admitted to practice in this state. Under the contemplated interstate partnership, the partnership letterhead used in Florida will use the New York from name at the top. On the let} margin the letterhead will have a heading "Partners Admitted in Florida" and will thereafter list only the partners admitted in Florida. The Committee deems this an appropriate method to avoid misleading the public as it will indicate to the public that the lawyers in the firm name are not admitted in Florida, However, care should be exercised in the conduct of the firm's Florida practice to avoid any false impression that other partners are Florida lawyers. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via a -mail June 24, 2016 Martin E. O'Boyle [mail to: records@commerce-sroun.coml Re: GS #2211 (PRR 1235) (1) Provide copies of all trial transcripts, deposition transcripts, sworn statements, affidavits and other statements (the "Transcripts') made by Mr. Jeff Grey to the Town of Gul(Stream. This regues would include any and all portions ofany ofthe Transcripts. (2) Provide copies of all communications between Jeff Grey and the Town of Gulf Stream where Jeff Gray was the sender or a receiver. (3) Please provide records, including, without limitation, all communications and transcripts emanating from Judge Barkhall's Courtroom regarding communications between Barkhall and Johnathan O'Boyle and/or Judge Barkhall and Robert Sweetapple and/or Joanne O'Connor and any other party who is (or was) a partner or employee of Jones Foster regarding Jonathan O'Boyle or the O'Boyle law firm. 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 councel and the following law firms: Sweetapple, Broeker & Parkas; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (including, without limitation, the attorneys, employees and partners of each such law firm). Dear Martin E. O'Boyle [mail to: records(a),commerce-groun.comlI The Town of Gulf Stream has received your original record requests dated May 31, 2016. Your original public records request can be found at the following link htto://www2.eulf- stream.or¢/weblink/0/doc/91283/Pagel.asox. Please refer to the referenced number above with any future correspondence. Please allow this response to be responsive for all parties involved. As to Item (1) of your request, the Town previously responded on June 2, 2016. The Town has no additional records responsive to that request. As to Item (2), there are no responsive records. As to Item (3), we understand your request to refer to an April 10, 2014 transcript of a hearing before the Honorable Thomas Barkdull, an excerpt of which transcript has been attached to a pleading filed by the Town on May 30, 2014. That transcript can be found at the same link above, with the transcript at Exhibit G. To the extent that your request seeks any other transcripts in pending litigation matters involving the Town, whether those matters are before Judge Barkdull or otherwise, all such transcripts are available to you on the Town's website. Please allow this response to constitute the Town's further and final response to your public records request received on May 31, 2016. We consider this request closed. Respectfully, Town Clerk, Custodian of the Records