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HomeMy Public PortalAboutPRR 16-2227RECORDS REQUEST (the "Request") Date of Request: 06/05/2016 Requestor's Request ID#: 1242 REQUESTEE: Custodian of Records Sweetapple, Broeker & Varkas Custodian of Records Jones, Foster. Johnston & Stubbs Custodian of Records Town of Gulf Stream Custodian of Records Richman Greer, P.A. Custodian of Records Cole Scott & Kissane (Palm Beach Lakes) Custodian of Records Cole Scott & Kissane. (Lakeview Avenue) Custodian of Records Johnson Anselmo Murdoch Burke Piper & Hochman, P.A. REQUESTOR: Martin E. O'Boyle REQUESTOR'S CONTACT INFORMATION: E -Mail: records@commerce-group.com Fax: 954-360-0807 or Contact Records Custodian at records(a),,commerce-groun.com; Phone: 954-360-7713; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: 1. Please provide a copy of all communications sent by Robert Sweetapple (or any member of his firm. Sweetapple. Broeker & Varkas including their employees or partners "Swe_etapole"11 and/or the Town of Gulf Stream to Kevin Tynan ("Tynan") regarding Jonathan O'Boyle or The O'Boyle Law Firm (the "Subiect"). 2. Please Drovide a copy of all communications sent by Tynan to Sweetapple regarding the Subiect. 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 its counsel and the following law firms: Sweetavole, Broeker & Varkas; Richman Greer, PA: and Jones. Foster. Johnston & Stubbs. (including, without limitation, the attorneys, emplovees and partners of each such law firm.) THIS REQUEST IS MADE PURSUANT TO ARTICLE 1, SECTION 24 OF THE FLORIDA CONSTITUTION AND CHAPTER 119, FLORIDA STATUTES IF THE PUBLIC RECORDS BEING SOUGHT ARE MAINTAINED BY YOUR AGENCY IN AN ELECTRONIC FORMAT PLEASE PRODUCE THE RECORDS IN THE ORIGINAL ELECTRONIC FORMAT IN WHICH THEY WERE CREATED OR RECEIVED. SEE SI 19.01(2)(F). FLORIDA STATUTES. IF NOT AVAILABLE IN ELECTRONIC FORM, IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED ON I I X 17 PAPER. NOTE: IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(41(a) (2) ALSO PLEASE TAKE NOTE OF §119.07(i)(H) OF THE FLORIDA STATUTES, WHICH PROVIDES THAT "IF A CIVIL ACTION IS INSTITUTED WITHIN THE JO -DAY PERIOD TO ENFORCE THE PROVISIONS OF THIS SECTION WITH RESPECT TO THE REQUESTED RECORD, THE CUSTODIAN OF PUBLIC RECORDS MAY NOT DISPOSE OF THE RECORD EXCEPT BY ORDER OF A COURT OF COMPETENT JURISDICTION AFTER NOTICE TO ALL AFFECTED PARTIES'." ALL ELECTRONIC COPIES ARE 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 of any costs, asserted by the Agency (as denned 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 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail June 6, 2016 Martin E. O'Boyle [mail to: records@commerce-group.com] Re: GS #2222 (PRR 1239), #2223 (PRR 1244), #2224 (PRR 1245), #2225 (PRR 1241), #2227 (PRR 1242), #2228 (PRR 1243) Please provide all transcripts, including all exhibits, (including any and all portions of the transcripts and any copies which have not yet been certified) (the "Transcripts received by the Town of Gulf Stream) resulting from the deposition of Anthony Granziano dated June 1, 2016 relating to the litigation styled: Martin O'Boyle vs Robert Sweetapple and the Town of Gulf Stream. Case NO. 9:14-CV-81250-KAM. The term "Town of Gulf Stream" shall mean each of the following: the Town of Gulf Stream, its commissioners, its manager, its employees, its police department, its police officers and its 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 copies of all records provided to the Town of Gulf Stream from Joel Chandler between the period of January 1, 2014 and the date of this 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 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 copies of all records provided by the Town of Gulf Stream to Joel Chandler between the period of January 1, 2014 and the date of this 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 oficers 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 copies ofall legal and related invoices received by the Town of Gulf Stream in connection with the matter commonly called the Sunshine Litigation including copies of all payments for such invoices. 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). (1) Please provide a copy of all communications sent by Robert Sweetapple (or any member of his firm, Sweetapple, Broeker & Varkas, including their emplolyees or partners ("Sweetapple')) and/or the Town of Gulf Stream to Keven Tynan ("Tynan') regarding Jonathan O'Boyle or the o'boyle law firm (the "subject'). (2) Please provide a copy of all communications sent by Tynan to Sweetapple regarding the subject. The term "Town of Gulf Stream" shall mean each of the following: the Town of Gut( 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 lawfirm). (1) Please provide all records sent to the Florida Bar by the Town of Gulf Stream (including, without limitation, Robert Sweetapple) since January 1, 2013. (2) Please provide all records received from the Florida Bar by the Town of Gulf Stream (including, without limitation, Robert Sweetapple) since January 1, 2013. The term "Town of Gu f 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). Dear Martin E. O'Boyle [mail to: records(a),commerce-group.coml, The Town of Gulf Stream has received your public records requests dated June 5, 2016. The original public record request can be found at the following links htto://www2.gulf- stream.org/weblink/0/doc/91327/Pagel.aspx. htto://www2.gulf- stream.org/weblink/0/doc/91328/Pagel.aspx, htto://www2.gulf- stream.org/weblink/0/doc/91330/Pagel.aspx, htto://www2.gulf- stream.org/weblink/0/doc/91331/Pagel.aspx, http://www2.gulf- stream.org/weblink/0/doc/91333/Pagel.aspx, and http://www2.gulf- stream.org/weblink/­O/­doc/`91334/Pagel.asp 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 LAW OFFICES RICHARDSON & TYNAN, P.L.C. B 142 NORTH UNIVERSITY DRIVE TAMARAC, FLORIDA 33321 KEVIN P. TYNAN NOLA M. RICHARDSON May 9, 2014 Robert A. Sweetapple, Esq. 20 SE 3`d Street Boca Raton, FL 33432 Re: Town of Gulf Stream Dear Mr. Sweetapple: TELEPHONE (954) 72 1-7300 Your letter of May 2, 2014 to Jonathan O'Boyle, Esquire, has been referred to me for response. Please direct any future communication or correspondence relative to the content of this letter to my office. If you remain as adversary counsel in pending litigation you may continue to communicate with the O'Boyle firm on those matters without copy to me as long as the communication relates to said litigation. At the outset it is important to note that there is no compelling reason to respond to your missive except as a professional courtesy. The fact that you are "investigating" adversary counsel in pending litigation does not create an obligation to respond to your assertions. However, since you are apparently asserting an incorrect premise I write to correct your misunderstanding. The O'Boyle Law Firm, PC is an interstate law firm with its home office in Pennsylvania. As you already know Mr. O'Boyle is admitted in Pennsylvania and New Jersey, but is not yet admitted in Florida. Because of this fact the law firm, in compliance with Florida Bar regulation and precedent, has a member of The Florida Bar who is partner in the law firm and is the partner in charge of the Florida office. As you already know Mr. O'Boyle was present for an April 10, 2014 hearing and the trial judge took issue with an out-of-state attorney, who had not been admitted pro hac vice, sitting at counsel table. Mr. O'Boyle was not present to act as an attorney and only spoke to the court when he was questioned by the court. While I would agree with you that Mr. O'Boyle, who was taken aback by the judge's questioning and aggressive attitude, could have been clearer in at least one of his responses (that he has been admitted pro hac in only one state case but has appeared pro hac in two federal matters). However, this lack of clarity does not hinder the law firm's representation in any manner. -2 - As to the listing in legaldirectories.com, Mr. O'Boyle has provided no information to that entity and in any event said directory clearly reflects that he is a member of the Pennsylvania Bar and does not indicate any membership in The Florida Bar. After reviewing this matter in some detail with Mr. O'Boyle and the Florida managing partner of the law firm I can state with no hesitation that there are no valid unlicensed practice of law concerns and that it appears that your "concerns" are created solely as a methodology to defend action(s) filed by Mr. O'Boyle's father and/or his corporations who are directly represented by members of The Florida Bar. Please let me know if I can be of any further assistance. Very P. TYNAN, ESQ. cc: Client LAW OFFICES OF SWEETAPPLE, BROEKER & VARKAS, P.L. DOUGLAS C. BROEKER, P.A. 44 West Flegler Street, Ste. 1500 Miami, Florida 33130.6817 Telephone: (305) 374-5623 Facsimile: (305) 358.1023 ROBERT A. SWEEFAPPLE •, •• DOUGLAS C. BROEKER ALEXANDER D. VARKAS, JR. KADIS14A D. PHELPS ASHLEIGH M. GREENE • BOAPD L4aTnaa BL'SIa63311iiWTYYlArIWNEY •• PQAa0 CE0.relm ClNLTa1AL ATnIRNEY VIA E-MAIL AND U.S. MAIL Kevin P. Tynan, Esquire Richardson & Tynan, PLC 8142 North University Drive Tamarac, FL 33321 VIA E-MAIL AND U.S. MAIL Nick Taylor, Esquire The O'Boyle Law Firm, P.C. 1286 West Newport Center Drive Deerfield Beach, FL 33442 June 5, 2014 Re: O'Boyle v. Town of Gulf Stream Dear Mr. Tynan and Mr. Taylor: SWEErAPPLE& VARKAS, P.A. 20 S.E. 3itl Stnxt Been Raton, Florida 33432-3911 Telephone: (561) 392-1230 Facsimile: (561) 3946102 Please Reply To: Bou Raton E -Mail: rswmtappic@sweetappiciaw.com avarkas@sweetapplelaw.com kphelps@mmtapplelaw.com cbailey@sweetapplelaw.com dsmith©sweetapplelaw.com Paralegals: Cynthia J. Bailey, CP, FCP, FRP Deborah Smith, CP, FRP Jamie Arden, FRP Enclosed are copies of Subpoenas Duces Tecum for Videotaped Depositions of Jonathan R. O'Boyle and Ryan Witmer. Please provide me, within 1 week, with 3 alternate dates your clients are available for depositions during the month of July. If I do not hear from you I will unilaterally have the subpoenas served. Very truly yours, ROBERT A. SWEETAPPLE RAS:dls Enclosures ec:Joanne M. O'Connor, Esquire IN THE CIRCUIT COURT OF THE 15' JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA MARTIN E. O'BOYLE, CASE NO.: 502014CA004474MB DIVISION: AG Plaintiff, V. TOWN OF GULF STREAM, Defendant. SUBPOENA FOR VIDEOTAPED DEPOSITION DUCES TECUM To: Ryan L. Witmer, Esquire The O'Boyle Law Firm, P.C. 1286 West Newport Center Drive Deerfield Beach, Florida 33442 YOU ARE COMMANDED to appear before a person authorized by law to take depositions at the Law Offices ofSweetapple, Broeker & Varkas, P.L., 20 SE P Street, Boca Raton, FL (Telephone: 561-392-1230), on at , before DEBRA DURAN & ASSOCIATES, Notary Public, State of Florida at Large, or any other officer authorized by law for the taking of your deposition. If you fail to: 1) appear as specified; or 2) object to this subpoena, and bring with you the items listed on Addendum "A" attached hereto or you may be in contempt of court. You are subpoenaed by the attorney whose name appears on this subpoena and unless excused from this subpoena by the attorney or the Court, you shall respond to this subpoena as directed. Martin E. O'Boyle v. Town of Gulfstream CASE NO. 502014CA004474MBAG (PALM BEACH COUNTY) Defendant's Subpoena Duces Tecum for Videotaped Deposition of Ryan L. Witmer, Esquire DATED on this day of 2014. FOR THE COURT SWEETAPPLE, BROEKER & VARKAS, PL 20 SE 3`d Street Boca Raton, Florida 33432-3911 Telephone: (561) 392-1230 E-Mail:pleadings@sweetapplelaw.com ma ROBERTA. SWEETAPPLE Florida Bar No. 0296988 Martin E. O'Boyle v. Town of Gulfstream CASE NO. 502014CA004474MBAG (PALM BEACH COUNTY) Defendant's Subpoena Duces Tecum for Videotaped Deposition of Ryan L. Witmer, Esquire ADDENDUM "A" Please bring with you the following documents and things: 1. Copies of any employment agreements, shareholder agreements and/or partnership agreements, between THE O'BOYLE LAW FIRM, P.C. and you, Ryan L. Witmer, Esquire. MARTIN E. O'BOYLE, Plaintiff, V. TOWN OF GULF STREAM, Defendant, IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502014CA004474MB DIVISION: AG SUBPOENA FOR VIDEOTAPED DEPOSITION DUCES TECUM To: Jonathan R. O'Boyle, Esquire Jonathan R. O'Boyle, Esquire The O'Boyle Law Firm, P.C. The O'Boyle Law Firm, P.C. 1286 West Newport Center Drive 23 North Hidden Harbour Drive Deerfield Beach, Florida 33442 Gulf Stream, Florida 33483 YOU ARE COMMANDED to appear before a person authorized by law to take depositions at the Law Offices ofSweetapple, Broeker & Varkas, P.L., 20 SE 31d Street, Boca Raton, FL (Telephone: 561-392-1230), on at , before DEBRA DURAN & ASSOCIATES, Notary Public, State of Florida at Large, or any other officer authorized by law for the taking of your deposition. If you fail to: 1) appear as specified; or 2) object to this subpoena, and bring with you the items listed on Addendum "A" attached hereto or you may be in contempt of court. You are subpoenaed by the attorney whose name appears on this subpoena and unless excused from this subpoena by the attorney or the Court, you shall respond to this subpoena as directed. Martin E. O'Boyle v. Town of Gulfstream CASE NO. 502014CA004474MBAG (PALM BEACH COUNTY) Defendant's Subpoena Duces Tecum for Videotaped Deposition of Jonathan Reilly O'Boyle DATED on this day of 2014. FOR THE COURT SWEETAPPLE, BROEKER & VARKAS, PL 20 SE 3`d Street Boca Raton, Florida 33432-3911 Telephone: (561)392-1230 E-Mail:pleadings@sweetapple]aNv.com ROBERT A. SWEETAPPLE Florida Bar No. 0296988 Martin E. O'Boyle v. Town of Gulfstream CASE NO. 502014CA004474MBAG (PALM BEACH COUNTY) Defendant's Subpoena Duces Tecum for Videotaped Deposition of Jonathan Reilly O'Boyle ADDENDUM"A" Please bring with you the following documents and things: 1. A copy of all driver's licenses issued to you by any state or other governmental authority from January 1, 2011 to the present. 2. A copy of any and all voter registration documents issued to you from January 1, 2011 to the present. 3. Copies of any and all leases between THE O'BOYLE LAW FIRM, P.C. and any landlord in Pennsylvania for rental of any location in which THE O'BOYLE LAW FIRM, P.C. is located or other evidence of control of any such location. 4. A copy of any and all state and federal tax filings including the City of Philadelphia, State of Pennsylvania THE O'BOYLE LAW FIRM, P.C. concerning any operations of THE O'BOYLE LAW FIRM, P.C. in Pennsylvania from January 2011 to the present. 5. Copies of any writings in which you have represented your current address from January 1, 2011 to the present including any Flings or applications for membership in the Pennsylvania, New Jersey or Florida Bars. 6. Copies of any partnership or operating agreements of THE O'BOYLE LAW FIRM, P.C. and any documents that evidence, relate or refer to said agreements, whether oral or written. 7. Copies of any and all applications for appearance pro /mc vice submitted by you to any state or federal court located in the State of Florida from January 1, 2011 to the present. 8. Copies of any employment agreements, shareholder agreements, and/or partnership agreements, between THE O'BOYLE LAW FIRM, P.C. and any of its lawyers including, Ryan L. Witmer, Esquire, Nicholas Taylor, Esquire and Giovanni Mesa, Esquire. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via a -mail June 24, 2016 Martin E. O'Boyle [mail to: records@commerce-grouo.coml Re: GS #2227 (PRR 1242) (1) Please provide a copy of all communications sent by Robert Sweetapple (or any member of his firm, Sweetapple, Broeker & Yarkas, including their emplolyees or partners ("Sweetapple')) and/or the Town of Gulf Stream to Keven Tynan ("Tynan') regarding Jonathan O'Boyle or the o'boyle law firm (the "subject'). (2) Please provide a copy of all communications sent by Tynan to Sweetapple regarding the subject. 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(cDcommerce-group.coml, The Town of Gulf Stream has received your original record requests dated April 25, 2016. Your original public records request can be found at the following link htto://www2.eulf- stream.or¢/weblink/0/doc/91333/Pagel.asi)x. Please refer to the referenced number above with any future correspondence. Please allow this response to be responsive for all parties involved. The responsive records can be found at the same link above. We consider this request closed. Respectfully, Town Clerk, Custodian of the Records