HomeMy Public PortalAboutO'Boyle Hearing (5189) 02/03/15HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
1
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CASE No.: 2014CA005189XXXXMB AE
MARTIN E
-vs-
O'BOYLE,
Plaintiff,
THE TOWN OF GULF STREAM,
Defendant.
HEARING BEFORE THE HONORABLE
JESSICA TICKTIN
Tuesday, February 3, 2015
Palm Beach County Courthouse
West Palm Beach, Florida 33401
1:59 - 3:12 p.m.
Renee Watson, Stenographic Reporter
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
HEARING February 03, 2015
OBOYLE vs. TOWN OF GULF STREAM 2
APPEARANCES OF COUNSEL
On behalf of the Plaintiff:
DANIEL DESOUZA, ESQUIRE
Daniel DeSouza, P.A.
101 N.E. 3rd Ave., #1500
Ft. Lauderdale, FL 33301
954.603.1340
and
VRENDA CAIN, ESQUIRE
The O'Boyle Law Firm, P.C.
1286 W. Newport Center Dr.
Deerfield Beach, FL 33442
954.574.6885
On behalf of the Defendant:
JOANNE O'CONNOR, ESQUIRE
Jones, Foster, Johnston & Stubbs, P.A.
505 S. Flagler Dr., Ste. 1100
West Palm Beach, FL 33401
561.659.3000
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
3
1 Thereupon, the following proceedings were had:
2 THE COURT: I know we're here today on O'Boyle
3 v. the Town of Gulf Stream. I have received --
4 just so you can see, I have received all the
5 materials. Do they look familiar? Okay.
6 MR. DESOUZA: Yes, Your Honor. We have one
7 more binder of some case law --
8 THE COURT: Okay.
9 MR. DESOUZA: -- which I can either give to
10 you now or when I get up to talk.
11 THE COURT: That will be great, if you're
12 going to refer to it during the hearing.
13 MS. O'CONNOR: And just for the record, Your
14 Honor, this is the first time I've seen the case
15 law, I haven't had an opportunity to review any of
16 it.
17 THE COURT: Okay. Is there anything new in
16 here?
19 MS. O'CONNOR: Yes.
20 MR. DESOUZA: It's new case law that's not
21 cited in the briefs, Your Honor. It's in kind of
22 response to what the Town of Gulf Stream put in on
23 Friday, so we did the research on the weekend, put
24 the case law together.
25 THE COURT: You didn't send it to them?
ESQUIRE
800.211.DEPO (3376)
EsquireSolutions. com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
4
1 MR. DESOUZA: I just really got it together
2 yesterday, Your Honor. I can discuss with
3 Ms. O'Connor -- all the cases that I'm going to
4 refer to all refer to a singular subject, and it's
5 all on the exact same issue. It's ten cases that
6 say the exact same thing, Your Honor, and I don't
7 think Ms. O'Connor is going to dispute what the
8 cases actually say. But we can address the issue
9 when I --
10 THE COURT: Yes, we'll address the issue, but
11 just to be fair, since it is new case law that was
12 just presented, and opposing counsel didn't have a
13 chance to even review it --
14 MR. DESOUZA: Understood.
15 THE COURT: -- we don't even know if
16 they're -- they may want to respond, so I will give
17 them at least a week to get me a response, if there
18 is one.
19 MS. O'CONNOR: Thank you, Your Honor.
20 MR. DESOUZA: And that's perfectly fair, Your
21 Honor.
22 THE COURT: Okay. So before we begin, I want
23 you all to know, I have the joint trial exhibits,
24 this is what you all intend to introduce into
25 evidence today?
ESQUIRE
800.211.DEPO (33 76)
EsquireSolutions. com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
5
1 MS. O'CONNOR: Correct, Your Honor.
2 MS. CAIN: Yes.
3 THE COURT: Okay. And it's all agreed upon,
4 there are no objections to it?
5 MS. O'CONNOR: No, Your Honor.
6 THE COURT: Okay. All right, very good. And
7 also, just a preliminary statement, just so you
8 know, I was supposed to have a jury trial this
9 week, they settled, back up settled, so that's why
10 we have this time. I have the rest of the
11 afternoon available if you need it, we can go over
12 the hour. I don't want you to think that you're
13 limited in this time, because I want to hear
14 everything that you want to present.
15 Also, since I have a jury room available with
16 restrooms, you're free to use those so you don't
17 have to walk all the way down the hall. And there
18 is also a coffeemaker, so when we take a break, I
19 just wanted to invite you to use that so we can be
20 comfortable and a little bit less formal.
21 All right. So with that, does counsel want to
22 state their appearances for the record?
23 MR. DESOUZA: Your Honor, Daniel DeSouza on
24 behalf of plaintiff, Martin O'Boyle. I have here
25 with me co -counsel, Ms. Vrenda Cain.
ESQUIRE
800.211.DEPO (33 76)
EsquireSolutions. com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
6
1 MS. CAIN: Good afternoon, Your Honor.
2 THE COURT: Good afternoon.
3 MS. O'CONNOR: And Your Honor, Joanne O'Connor
4 with Jones, Foster, Johnston & Stubbs for the
5 defendant, Town of Gulf Stream.
6 THE COURT: Okay. Very good. Thank you.
7 All right. Do you want to do opening
8 statements?
9 MR. DESOUZA: Your Honor, I don't know how
10 Ms. O'Connor wants to proceed, but I think given
11 that we have no witness testimony, I think we can
12 probably just stand up, give a little brief
13 introduction --
14
THE
COURT: Sure.
15
MR.
DESOUZA: -- of our positions,
and maybe
16
field questions from the Court.
17
THE
COURT: Sure, that's wonderful.
I'll let
18
you run
the show. I didn't know how you
wanted to
19
do this,
and what's easiest for you, so
I'm just
20
here --
21
MS.
O'CONNOR: More like a summary
22
judgment
-type hearing.
23
MR.
DESOUZA: Yeah, it's --
24
MS.
O'CONNOR: Purely mixed issues.
25
MR.
DESOUZA: It's one of those rare
ESQUIRE 800.211.DEPO (3376)
0 L U . 1 0 ., . EsquireSolutions.com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
7
1 opportunities, Your Honor, where we go to trial and
2 no one seems to disagree with the facts of what
3 happened and who said what and who did what. I
4 think it's really just a legal issue at this point.
5 THE COURT: Okay. That's great.
6 Did you want to introduce people in the
7 courtroom too? Are they -- since we don't have
8 1 witnesses.
9 MR. DESOUZA: Sure. Your Honor, these are not
10 clients associated with the case, but here, there
11 is a Gulf Stream resident, Mr. Chris O'Hare, who
12 has some other litigation pending against the Town
13 of Gulf Stream. I'm sure he's interested in the
14 result of this case.
15 THE COURT: Okay.
16 MR. DESOUZA: And Mr. O'Hare's, I'll call him
17 consigliere or general counsel, or Mr. Lou Roeder
18 over here.
19 THE COURT: Okay.
20 MR. DESOUZA: Your Honor, I'll start off with
21 the assumption that you've seen the trial memos
22 from both parties at this point, you've read them
23 and you're familiar with the general issue that's
24 before the Court today. And with the Court's
25 indulgence, I won't rehash our entire argument,
ESQUIRE 800.211.DEPO (3376)
11 1 EsquireSolutions. com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
8
1 possibly save some time here.
2 THE COURT: Okay.
3 MR. DESOUZA: What I will do is just give a
4 very brief introduction of what this case is, and
5 what this case is not, and what it's actually
6 about, what we're here for today.
7 As the Court knows, there is no witnesses here
8 to testify. We submitted a joint pretrial
9 stipulation. Like I said, it's a very rare case
10 where everyone agrees on the facts. And the facts
11 are, we're talking about three public records
12 requests, a series of public records requests made
13 by the plaintiff, Mr. O'Boyle, to the Town of Gulf
14 Stream. In response, the Town of Gulf Stream has
15 said there are documents responsive, you can have
16 the documents, you just have to pay this fee
17 schedule that we have provided for you. And what
18 we're arguing about today is not that they say
19 there is no documents and we say there are, the
20 only thing we're here to argue about today is
21 whether the fee schedule provided by Gulf Stream is
22 legal under Chapter 119.
23 THE COURT: Right.
24 MR. DESOUZA: And that fee schedule broken
25 down is $0.01 per paper -- this is a per copy --
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
9
1 $0.01 per paper, $0.06 for, what we're really
2 arguing about today, which is a prorated number
3 from the Xerox rental the Town of Gulf Stream rents
4 out, down to --
5 THE COURT: From 2013.
6 MR. DESOUZA: -- the number of copies from
7 2013, and a separate $0.01 per page meter charge
8 that is paid to Xerox by Gulf Stream for every copy
9 that gets run through the machine. It's
10 plaintiff's position that the $0.06, and the
11 separate $0.01 for meter charge, that's improper
12 under Chapter 119. And our contention is it's
13 improper because that does not represent the Town
14 of Gulf Stream's actual cost of duplication. Gulf
15 Stream's response is no, you're wrong, it is
16 proper, that is our actual cost of duplication.
17 So what I'd like to do, rather than go through
18 our argument and our trial brief, is to respond to
19 what Gulf Stream says in its trial brief.
20 THE COURT: Okay. My understanding, just so
21 you understand, from what I've read, and I did read
22 both sides' memos, it seems like there is a dispute
23 over what is overhead.
24 MR. DESOUZA: It's the big argument.
25 THE COURT: Right. So, I mean, it seems like
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
10
1 everyone agrees as to the amount that's been
2 charged, and how it's broken down, it's just
3 whether or not these are allowable, so that's --
4 MR. DESOUZA: I'd like to think of it as it's
5 not the million -dollar question, it's the 7 -cent
6 question, or the 6 -cent question.
7 THE COURT: Exactly. But that's what I would
8 really appreciate your focus and your attention on.
9 MR. DESOUZA: Sure. And that's clearly the
10 bulk of the issues here, Your Honor.
11 THE COURT: Okay.
12 MR. DESOUZA: The first issue that I did want
13 to bring up just briefly, so that we're all on the
14 same page here, is that Gulf Stream in its trial
15 memo raises this issue of, well, by default, we can
16 charge you up to $0.15 cents a page under the
17 statute, and that's proper, and so we're charging
18 you less than 50 percent at $0.08 a page, or
19 roughly around that 50 percent, so what's the big
20 fuss about, what's the problem? Well, it's not an
21 issue of what's the big fuss, and it's not an issue
22 of saving money versus $0.08 versus $0.15, Your
23 Honor, it's an issue of statutory instruction, and
24 following what the statute actually says.
25 Just to put it to rest before we go any
ESQUIRE
800.211.DEPO (3376)
EsquireSolutions. com
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
11
further, Chapter 119.07(4)(a) states you can charge
up to $0.15 cents a copy for 8 1/2 x 11, 8 1/2 x
What the statute goes on to say is that if you
assess a special service charge because of
extensive labor or extensive time required to
respond to a public records request, you must
charge actual cost of duplication, not up to $0.15,
what your actual cost of duplication is. If we
were here on a different case, the Town of Gulf
Stream did not charge a special service charge, we
could be arguing for hours on whether up to $0.15
means 15 is fine, or whether 12 is fine, or that 10
is fine. That's not the case we're here for today.
The case we're here for today, and it's been
admitted in the pretrial stipulation, Town of Gulf
Stream assessed a special service charge, and by
the Town of Gulf Stream's own policies, which are
exhibits, they follow the statute: "We will only
charge the actual cost of duplication." And so the
only thing we're really here about is whether that
$0.08 is actual cost or not.
So as I said, the million -dollar question, or
at least the 6- or 7 -cent question is, is this
overhead? is this actual cost of duplication? is
this material and supplies? And I say those three
ESQUIRE 800.211.DEPO (3376)
Esquire Solutions. com
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
12
terms very carefully because I don't want to mince
those terms are used in the statute, and all of
them are very important to recognize the
distinctions between. I think in the trial brief
of Gulf Stream, there is a little bit of confusion
as to what each word means, and I think we have to
go through and figure out exactly what they are.
So according to Gulf Stream, it pays $501.42 a
month on a five-year lease to Xerox for this copy
machine. In the pretrial stipulation, no one
disputes it. Every month they pay the exact same
amount of dollars: $501.42. Gulf Stream says we
can take that 501.42, we can divide it by fiscal
year 2013, number of copies, and multiply it out,
and come to $0.06 per page that we can fairly
charge to everyone that makes a copy in the Town of
Gulf Stream. And they provide various support in
their trial brief for that proposition.
The first thing that Gulf Stream does in its
trial brief is actually goes outside of Florida.
It says here is a case from Ohio, here is a case
from California, you see, these cases say we can
charge this type of stuff for these types of
copies, and therefore, it works here too. Well,
ESQUIRE
800.211.DEPO (3376)
EsquireSolutions. com
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
13
it's a problem with Gulf Stream's analysis.
First, they start with Ohio, this State ex.
rel. Strothers v. Gorden case, and in this case,
the court talked about actual cost of duplication,
a similar term that we have here, includes machine
maintenance, direct operating costs, toner, and
equipment -related costs. That's from the case.
And therefore, Gulf Stream's position is, you see,
these are actual costs of duplication. Well, the
problem with that line of analysis, first, is that
overhead, this term, this concept of overhead is
not excluded in the Ohio statute. In fact, as Gulf
Stream quotes in its trial brief, "Overhead is
specifically included in the Ohio statute." When
you see Gulf Stream's brief on page 10, as it's
referring to the Ohio case, where the statute also
includes "any direct equipment operating and
maintenance costs." That's included within the
Ohio public records statute. It is not included in
Florida. The Ohio statute does not exclude
overhead, it includes it. The Ohio case is
inapposite to what we have before the Court.
Second thing Gulf Stream does is it goes to
California. Haven't got to Florida yet, now we're
in California. And Gulf Stream cites North County
C)ESQUIRE
800.211.DEPO (3376)
EsquireSolutions. com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
14
1 Parents Organization v. Department of Education,
2 and this is for the principle that direct costs
3 include cost of running the machine. Again, we
4 have a statute that does not exclude overhead, in
5 this case we have a statute that was repealed
6 subsequent to this case, and we have a completely
7 different term than we have here, we have direct
8 costs as opposed to actual costs of duplication, we
9 have no exclusion of overhead. Again, this case is
10 inapposite.
11 So then, Gulf Stream decides to move away from
12 case law, and move into dictionary definitions, and
13 the definition of "overhead" that its own town
14 clerk believes is the correct definition. And Gulf
15 Stream starts off with Black's Law Dictionary.
16 It's a good resource, us lawyers all use it for
17 legal concepts. And according to Gulf Stream, the
18 Black's Law -- and they include it in their
19 exhibits -- the Black's Law definition of
20 "overhead," this is on page 11 of the trial brief:
21 "Business expenses (such as rent, utilities, or
22 support -staff salaries) that cannot be allocated to
23 a particular product or service ... also termed
24 administrative expense, office expense."
25 Now, as I'm sure Your Honor knows, you get
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
15
1 curious when you see an ellipsis that a lawyer puts
2 into a definition or into a quote, and you wonder
3 what it is that a lawyer decided to leave out that
4 was so unimportant that it could be just left out
5 of the definition of what overhead means. And when
6 you flip to the definition in Black's Law, in
7 overhead, what the Town of Gulf Stream curiously
8 decided to leave out from that definition is,
9 quote, fixed or ordinary operating costs. That's
10 what overhead is. Fixed or ordinary operating
11 costs. Such as 501.42 that you pay to Xerox every
12 single month for five years. That number does not
13 waiver, it does not go up, it does not go down. It
14 is their fixed or ordinary operating costs.
15 Now, Gulf Stream next goes to Merriam -Webster.
16 This is also on page 11 of the trial brief.
17 "Overhead: Business expenses not chargeable to a
18 particular part of the work or product." We even
19 get Town Clerk Rita Taylor's interpretation, which
20 is, well, I think it's electricity, I think it's
21 rent. The bottom line is, Your Honor, I can give
22 you three other definitions from three other online
23 dictionaries, I can give you my interpretation of
24 overhead, Ms. O'Connor can give you her
25 interpretation of overhead. The common nucleus to
ESQUIRE
800.211.DEPO (3376)
EsquireSolutions. com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
16
1 all definitions of overhead is as left out from the
2 Black's Law Dictionary, it is fixed expenses that a
3 business incurs regardless of what the existence of
4 a Mr. O'Boyle or anyone else in the world. And on
5 that point, Your Honor, this is where we get to the
6 binder that I gave you, because Gulf Stream goes to
7 great lengths to say this is not overhead. It's
8 not overhead.
9 But before we go to the binder, Your Honor,
10 what I want you to go to -- this is perhaps most
11 telling -- is page 36 of Gulf Stream's trial brief.
12 Paragraph 36, I'm sorry.
13 THE COURT: Okay.
14 MR. DESOUZA: And here on paragraph 36, Your
15 Honor, you see, "In considering the guidance from
16 the Florida Attorney General along with the plain
17 meaning of the terms used in the Public Records
18 Act, the 'overhead' costs excluded from the actual
19 costs of duplication clearly refer to those
20 expenses that cannot be directly allocated to
21 duplicating public records, i.e." -- and this is
22 the part that Gulf Stream itself underlines and
23 sets out -- "those expenses that would be incurred
24 by the Town regardless of whether any copies are
25 ever made." That's Gulf Stream's own definition in
ESQUIRE
800.211.DEP0 (3376)
EsquireSolutions. com
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
17
its own trial brief of what constitutes overhead or
not. And I don't think there is any dispute, or
can there be, as the facts are all stipulated, that
$501.42 are incurred regardless of whether any
copies are ever made. The Town of Gulf Stream
could shut down tomorrow for a freak early
hurricane that keeps the Town closed for the next
month, Xerox still expects a check for $501.42.
Mr. O'Boyle can make a hundred public requests
tomorrow, or he can make zero, they're still paying
$501.42 to Xerox.
But as I said before, we can argue until we're
all blue in the face as to what's overhead or
what's not overhead. My definition, Ms. O'Connor's
definition, Rita Taylor's definition, who is the
town clerk, it doesn't matter, Your Honor.
The binder that I provided you, and which I
invite Ms. O'Connor to respond to, to look at the
case law herself, I provided the Court with
approximately eight to ten cases from around the
country that have all tackled the issue of what is
overhead, what is not overhead. And Your Honor,
I'll quote a few of these, and I'll give you the
tab that they are in the binder, tab 7, Melka
Marine v. United States. This is a federal circuit
0 ESQUIRE
800.211.DEPO (3376)
EsquireSolutions. com
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
18
case from 1999. Quote, "Home office overhead
typically includes accounting and payroll services,
salaries for upper level managers, general
insurance, utilities, taxes, and depreciation."
THE COURT: Can I stop you for a second?
MR. DESOUZA: Yes.
THE COURT: My tab 7 is the deposition of Rita
Taylor.
MR. DESOUZA: This should be the binder
without any writing on it, the one that I handed to
the Court today.
THE COURT: Oh, okay. Thank you.
MR. DESOUZA: This case stands for the
proposition that overhead includes depreciation.
Why is that? Why is that relevant? Well, in
paragraph 37 of Gulf Stream's trial brief, it
states -- the Town's position is clearly set out --
"The Town's expenses to make a copy include not
just the paper run through the machine, but the
ink, toner, and the equipment itself (whether the
rental fee in the case of a leased copier, or
depreciation expense when the machine is
purchased)."
And Your Honor, this is where I think the
confusion arises. I think there is no dispute that
!'ESQUIRE
800.211.DEPO (3376)
EsquireSolutions. com
1
2
3
4
5
6
7
8
a
13
17
18
19
20
21
22
23
24
25
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
19
Gulf Stream's actual cost that they pay out of
their own pocket includes office equipment rental,
it includes depreciation. There is no question
that Gulf Stream actually incurs those costs. The
issue is we're confusing and we're mincing words
between actual cost of duplication and overhead.
There is no dispute they incur the cost; however,
if that cost is overhead, it is specifically
excluded under the statute. Now, Gulf Stream's
position is, well, if it was depreciation, we could
include it. Depreciation is a piece of overhead,
there is no question about that in the case law.
And I turn Your Honor to tab 6 in this binder
that I gave you, this is Martin County v. Polivka
Paving, Inc. This is a Florida appellate court
from 2010. "Unlike direct costs, which are
incurred only because of a particular contract,
overhead costs are incurred even if the contractor
had not undertaken a particular project," i.e.,
$501.42, regardless of the existence of public
records requests or not.
Tab 8, this is Aniero Concrete v. Aetna
Casualty and Surety Company. "Courts" -- I'm
sorry, this is out of the Southern District of New
York in 2002. "Courts have permitted compensation
ESQUIRE
800.211.DEPO (3376)
EsquireSolutions. com
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
20
in quantum meruit for overhead costs, such as the
rent of small tools and equipment." It goes on,
various items, equipment rental, and various other
items.
Tab 5, Detroit Bank and Trust Company v.
Coopes. This is out of the Court of Appeals of
Michigan. "Fixed overhead includes such items as
employee wages, rent, equipment rental, et cetera."
Tab 4, this is out of the Northern District of
Alabama in 1973, this is Schlesinger v. Wallace.
"Law firms overhead expenses for such items as
office rent, secretarial salaries, clerical
salaries, Xerox machine rent, automatic typewriter
equipment, and various other items."
Tab 3, Mortgage Payment v. Cynosure, Middle
District of Florida, 2011. "Among other items, the
overhead calculation included rents, taxes,
telephone, travel, office equipment leases."
Tab 1, and this one actually drives the point
home as well. The attorney -- and I'm sorry, this
is In Re: Glassstream Boats, this is bankruptcy
court, Middle District of Georgia, 1992. Here is
the quote, Your Honor: "The attorney for the
trustee submitted an affidavit in regard to his
request for facsimile charges reimbursement. In
r� ESQUIRE
800.211.DEPO (3376)
EsquireSolutions. com
2
3
4
5
6
7
8
9
13
17
18
19
20
21
22
23
24
25
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
21
Mr. Flatau's affidavit he set out that the cost of
his firm's facsimile machine is $945. Mr. Flatau
further stated that based on a three-year straight
line depreciation, the annual cost of the facsimile
machine is $315. This ends up being a monthly cost
to his firm of $26.25. Also, Mr. Flatau contends
that the cost of the telephone line to the
facsimile machine is $43.47 per month. Although
these expenses are actually incurred by
Mr. Flatau's firm for the use of the facsimile
machine, these expenses relate to overhead and are
not reimbursable expenses."
The cases go on and on, Your Honor, but they
all say exactly the same thing. And that is, as
Gulf Stream concedes in its own trial brief, that
fixed operating expenses, expenses that you will
incur regardless of events that transpire during
the month, that's overhead. Gulf Stream wants to
limit it to electricity, telephone bills, and what
Gulf Stream wants to say to move something out of
overhead is this calculation they've come up with.
Well, we're not trying to charge $501.42, what
we've done is we've done this fancy calculation,
and we've multiplied out by the number of pages,
and it comes down, and it's only $0.06 per page is
ESQUIRE
800.211.DEPO (3376)
EsquireSolutions. com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
22
1 what it actually costs. Well, you can't transform
2 an item of overhead just by doing some sort of pro
3 rata basis to it. If you could, you could do the
4 exact same thing with electricity, with telephone,
5 with anyone. You say these are the amount of hours
6 that people are in the building on average. We
7 have 500 people in the building, multiply that out,
8 divide it, and I can charge everyone $0.03 a day
9 for electricity. It doesn't make something not
10 overhead just because you can do some sort of
11 calculation for it.
12 Now, the testimony here, Your Honor, and the
13 facts that everyone agrees upon, we are talking
14 about a copy machine that is not used solely for
15 public records requests, and we need to make that
16 point clear. This is the Town's copy machine.
17 This is not come in, insert your dollar, make your
18 public records copies. This is a machine that is
19 used for town business. In fact, Ms. Taylor at her
20 deposition stated that the vast majority of the
21 public records requests that are made by my client
22 are actually done electronically, responses are
23 e-mailed out. The majority of public records
24 requests they get are done electronically.
25 I don't think it's in the deposition, but it's
ESQUIRE 800.211.DEPO (3376)
EsquireSol utions. com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
23
1 fair to say that if not the majority, a very
2 significant portion of the copies that are made on
3 this machine are done for just standard office
4 clerical staff and other work. This is not -- this
5 is an expense that the Town incurs necessarily to
6 do the Town's business. Its costs are fixed. It
7 is overhead. There's no dispute that this is
8 overhead.
9 And what we're referring to right now simply
10 is the $0.06. The $0.01 is a little different.
11 And I think we should tackle that, because there
12 is -- I cannot dispute that the $0.01 does not fit
13 neatly in the definition of overhead. The $0.01
14 meter charge is not something that the Town incurs
15 regardless of whether a copy is ever made or not,
16 because that $0.01 meter charge is only incurred if
17 a copy is made, so it's not overhead.
18 However, does that mean that it's proper under
19 the statute? Well, the statute says you can charge
20 actual costs of duplication. But the way that is
21 defined is actual cost of duplication means only
22 supplies and materials and excludes overhead. Is
23 the $0.01 meter charge a supply or a material?
24 That's the question with regard to the $0.01 meter
25 charge. I would posit the answer is no, Your
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
24
1 Honor. And the reason for that is the $0.06
2 charge. And this is in the exhibits, I believe
3 it's in a memo that's written by Mr. Nazzaro to the
4 town clerk. I don't have the exact exhibit number
5 in front of me.
6 Mr. Nazzaro says, well, the $0.06, that
7 includes our rental to Xerox, and all ink and
8 maintenance and everything else regarded with
9 respect to ink or maintenance or supplies. The
10 only testimony we have from the Town on what the
11 $0.01 meter charge is is that's just what we pay to
12 Xerox for every page that we copy. We have to pay
13 it, so we pass the cost onto you. That may be so,
14 Your Honor. I have no dispute that the Town of
15 Gulf Stream is paying $0.01 for every copy that is
16 made, but unless that translates to a material or a
17 supply, it is an improper charge under the statute.
18 And if Ms. O'Connor wants to get up and say
19 the $0.01 meter charge, that's absolutely ink, and
20 Mr. DeSouza, you're wrong, look at this exhibit,
21 this tells you it's ink, then I would concede
22 perhaps that is a proper charge under the statute,
23 but if the Town's own people are saying that ink
24 and every other material is subsumed within that
25 $0.06 a month that they're trying to pass on, then
ESQUIRE 800.211.DEPO (3376)
Esquire Solutions. com
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
25
you cannot say the $0.01 is ink or materials. It's
one or the other, Your Honor.
Now, the Town raises some other arguments in
its trial brief, which frankly, Your Honor, I think
are red herrings and distractions such as the
no -profit argument, and other arguments that are in
there, but what I'd like to do at this point would
be to reserve argument, let Ms. O'Connor make her
presentation, and if the Town decides to pursue
some of these issues that they raise, I'll respond
at that time.
THE COURT: Okay. I just had one question
that I want to know from you now.
MR. DESOUZA: Sure, of course.
THE COURT: What are you -- I mean, do you
have a position on whether there is a charge that
should be included for the cost of ink and
maintenance for the Xerox machine?
MR. DESOUZA: Your Honor, this would be a far
different story if this copier was just used for
public records requests, and they have these things
like self-service copiers where you show up, you
scan your card, and you pay for something like
that. Under normal circumstances, ink is certainly
a supply or a material, and if you have a way of
ESQUIRE
800.211.DEPO (3376)
EsquireSolutions. com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
26
1 saying that we spent this much in ink for making
2 you your copies, then I would agree that's not
3 overhead at that point. The problem that you have
4 here is that you're paying a fixed cost to Xerox.
5 $501.42 includes rent, maintenance, lease, ink,
6 various other items, but they're not distinguished
7 as to how it's broken down. The Town of Gulf
8 Stream says, hey, we need some more ink, send us
9 some more ink. Xerox mails it over. Hey, we need
10 some maintenance. Guy comes in, does the
11 maintenance. There's no way to break down what the
12 actual ink cost is here because all they're paying
13 is a fixed operating expense.
14 If, in the alternative, Gulf Stream had said,
15 well, we bought these two ink ribbons for the
16 printer, it's only used for public records
17 requests, and there were 2,000 public records
18 requests made last year, and they came up with a
19 calculation in that respect for a printer that was
20 only used for public records, I think they have --
21 they're well within their right to include ink and
22 other material charges within that. But what
23 they're doing right now is trying to pass off
24 general Town overhead expense to anyone that makes
25 a public record request irrespective of whether
ESQUIRE 800.211.DEPO (3376)
I I EsquireSolutions. com
2
3
4
5
6
7
8
M
13
17
18
19
20
21
22
23
24
25
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
27
it's overhead or not.
THE COURT: I think I understand what you're
saying, but just to be clear, though, does that
mean, then, that -- you're saying that the $501.42
is inclusive of the ink and the maintenance, but
there is no way to parse that out and to be able to
designate which is which, so your position is that
the Town should not be able to charge anything,
there should be no actual cost for those things,
those items?
MR. DESOUZA: My position is the $0.01 they
charge -- which frankly, is in line with what the
Town of West Palm Beach charges, $0.01 per copy --
they can charge the $0.01 for the paper. They have
no way of breaking out ink.
THE COURT: Okay.
MR. DESOUZA: So the 501.42, that's a fixed
operating cost, it is overhead, and by definition,
it is excluded under the statute. And the $0.01
meter charge, I think they have tremendous
difficulty convincing the Court that that's a
material or supply, because they take the position
that ink is part of the 501.42. As I said, if that
actually represents ink, then that's fine, it's a
$0.01 charge that's proper under the statute. The
C- ESQUIRE
800.211.DEPO (33 76)
EsquireSolutions. com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
28
1 problem is, Gulf Stream says it doesn't.
2 THE COURT: Okay. Thank you.
3 MR. DESOUZA: Thank Your Honor.
4 MS. O'CONNOR: Good afternoon, Your Honor.
5 THE COURT: Good afternoon.
6 MS. O'CONNOR: If I may approach, I just have
7 copies of the statutes that are at issue.
8 THE COURT: Thank you.
9 MS. O'CONNOR: Helpful starting point.
10 Your Honor, respectfully to Mr. DeSouza, we'd
11 submit that this case is demonstrative of the
12 frivolous and baseless claims that are burdening
13 the residents of the tiny Town of Gulf Stream, a
14 town that, as Ms. Taylor testified, has just four
15 full-time employees working at Town Hall. And it's
16 reflective of essentially a war that Mr. O'Boyle
17 and his compatriot, Mr. O'Hare, have opted to wage
18 on their hometown, and it's resulted in some forty
19 lawsuits that are burdening this court and this
20 circuit as well.
21 Ms. Taylor testified that with Mr. O'Hare, Mr.
22 O'Boyle has barraged the Town of Gulf Stream with,
23 as of the time she testified, which I believe was
24 in September, some 1500 public records request in
25 the past year. It's close to 1800 now.
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
29
If you look at Joint Exhibit 22 in our joint
exhibit notebook, you don't need to open it all the
way up now, but you'll see there is a log that
we've provided the Court with no opposition from
the other side, and that reflects all the public
records requests that have been received through
the end of September. And you can see that Mr.
O'Boyle has made individually, or through his
affiliated entities -- and you can tell this
because all the requests are coming from the same
e-mail address: Records@commerce-group.com --
hundreds of public records requests. As Ms. Taylor
testified, he comes in to Town Hall almost every
week, and almost every time he comes in, he makes a
public record request.
There is actually four public records requests
at issue here. Plaintiff tries to minimize them,
but I think it's important, and I sort of included
them in my trial brief because I think it's
important for the Court to see the nature of the
types of public records requests, they're extremely
broad. And in fact, the four public records
requests at issue, the Town determined would result
in having to produce 4,573 pages of records. Just
on Count II, the public records request at issue in
e ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
30
1 Count II, the cost to copy those records was just a
2 $1.05, yet Mr. O'Boyle, we'd submit, has a sense of
3 entitlement, he doesn't think he should have to pay
4 for these records. Even for some 2,000 records
5 that were at issue in Count I of the complaint, the
6 cost of duplication was $161.60.
7 The Town is not obligated to provide 4,000 --
8 almost 5,000 pages of copies to him for free, and
9 we've cited the Deas v. State case from the Fourth
10 DCA case in 2008. And what this case, again, comes
11 down to is that just real patent sort of
12 distinction, whether Mr. O'Boyle should only have
13 to pay a penny for a blank sheet of paper, and not
14 the cost to turn this paper, and to actually
15 duplicate a public record onto that blank piece of
16 paper. We submit that you do have to include those
17 costs that are incurred by the Town to actually
18 duplicate the public record onto that blank piece
19 of paper.
20 And I think it's helpful to start with the
21 statute that I've handed up to Your Honor, and
22 particularly with Chapter 119.07(4), and that's the
23 yellow tab on the second page of the four-page
24 printout that I've handed Your Honor. And to look
25 at what is the Public Records Act authorized to get
ESQUIRE
800.211.DEPO (3376)
Esquire Solutions. com
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
31
a sense of what was the legislature thinking when
it talks about actual costs of duplication, when
did those come into play, and what might be the
understanding, the reasonable and clear
understanding of the statute.
So you can see that, as Mr. DeSouza said in
119.07(4), that if we hadn't charged a special
service fee in this instance, the legislature
essentially presumes that any cost up to $0.15 per
one-sided copy, for copies that don't exceed a size
of 8 1/2 x 14, is authorized. And then the Town,
for double -sided copies, could actually have gotten
up to five additional cents, or up to $0.20 per
double -sided copy. Here, what we're talking about
is $0.08 for either single- or double -sided 8 1/2 x
11, or $0.09 for 8 1/2 x 14, and that's because
it's $0.02 for 8 1/2 x 14 piece of paper.
Well, let's look at when actual costs of
duplication come into play, because I think
plaintiff somewhat misleadingly directed the Court
to when a special service fee is authorized, actual
costs of duplication come into play, and that's on
the next page, page 3 out of 4 of your statutory
printout, where you see -- and I submit, it's --
this language isn't all that clear, but the way the
ESQUIRE
800.211.DEPO (3376)
EsquireSolutions. com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
32
1 Town has understood it, you can see the statute
2 talks about if the nature of these records that are
3 requested, it requires extensive use of information
4 technology resources, or extensive clerical or
5 supervisory assistance by personnel, the agency may
6 charge, in addition to the actual cost of
7 duplication, a special service charge.
8 So that is the circumstance we're in here.
9 However, because, respectfully, any decision Your
10 Honor makes as to actual costs of duplication,
11 you're going to have far reaching consequences, not
12 just for the Town of Gulf Stream, but for other
13 municipalities in this circuit and elsewhere.
14 There is no law on this issue.
15 I direct you back to page 2 out of 4, again,
16 in section 119.07(4) where the legislature's
17 saying, okay, you can have up to $0.15 per
18 one-sided copy for 8 1/2 x 14, you can have
19 additional $0.05 if it's double -sided, and then the
20 legislature goes on to say for all other copies,
21 the actual cost of duplication of the public
22 record. And we'd respectfully submit that what the
23 legislature is noting there is that there may be
24 unusually -sized copies, whether they're public
25 records that are in connection with zoning
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
33
applications and that sort of thing where the
actual costs of duplication may very well exceed
the 15 and the 20 cents per copy.
Next, we can go on and look at how actual
costs of duplication are defined, and that's in the
second statutory printout that I've handed Your
Honor, and that's in Chapter 119.011. And I think
before we get to talking about overhead, it's
important to talk about what is included in actual
costs of duplication.
And so looking just at the definition, "actual
costs of duplication" means the cost of the
material and supplies used to duplicate the public
record, used to turn a blank piece of paper into a
duplicate of a public record, but it does not
include labor costs or overhead costs associated
with such duplication. We recognize that. I
submit that Ms. Taylor's understanding of what this
means, she said, "My understanding is it's what it
actually takes to make a copy. It's the paper, the
ink, the toner, and the costs of running the copy
machine."
We've submitted to you -- yes, we've submitted
to you a statute from Ohio, a case from Ohio, a
case from California, we've submitted to you the
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
34
1 Urban Lawyer article from 1997. And respectfully,
2 Judge, because the only cases that talk about
3 what's included or excluded from actual costs of
4 duplication, and if you look at the John Bender
5 article, you'll see it.
6 And actually, if you look at Florida Attorney
7 General Opinion 92-38, you'll see that what they
8 cite as being excluded from actual costs of
9 duplication are incidental costs such as utility
10 expenses, and the Florida Attorney General goes on
11 to cite two other attorney general opinions that
12 talk about search and retrieval fees, meaning, you
13 can't -- and Bender talks about this -- you can't
14 include within your actual costs of duplication any
15 charge for the person who has to stand there and
16 run 5,000 copies through the machine; you can't
17 charge for the utilities, the air conditioning, the
18 lighting for the room; you can't charge for some
19 pro rata share of what it costs you to rent your
20 office space just because the copier may be located
21 in a room that's one-quarter of your square footage
22 of your office space.
23 And we'd submit that the few authorities out
24
there
don't
even skip a beat
in finding
that the
25
costs
to run
a copy machine
is included
in actual
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
35
1 costs of duplication. John Bender with Urban
2 Lawyer talks about reproduction costs being just
3 one of many factors affecting copying fees, and
4 goes on to say that those reproduction costs
5 include copier costs, paper and supplies.
6 Mr. DeSouza highlighted the California Court
7 of Appeals case, the North County Parents
8 Organization case because he said, well, Judge,
9 that talks about direct costs of duplication. That
10 wording's a little different than actual cost of
11 duplication. We actually agree, and Mr. Bender
12 points that out.
13 Actually, California statute has evolved over
14 time. First, it used language "reasonable costs,"
15 then it shifted to "actual costs," and then now --
16 and then it turned to "direct costs of
17 duplication," and Bender talks about how that was a
18 restriction on what those costs of duplication, so
19 actually, going from actual to direct costs in that
20 statutory language restricted what municipalities
21 in California could charge. And even then, with
22 direct costs of duplication addressing that more
23 restrictive statutory language, the California
24 Court of Appeals said the cost of running the
25 copying machine is one of those direct costs of
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
36
1 duplication, and they also said perhaps also the
2 expense of the person operating it, but not the
3 ancillary tasks associated with retrieving the
4 file.
5
Let's talk about
the material and the supplies
6
that the Town
actually
uses, again, to duplicate a
7
public record
onto a blank
piece of paper. As Ms.
8
Taylor said,
it's the
ink, the paper, and the
9
machine to do
it with.
It's undisputed that these
10 1 are the materials and supplies we use to make a
11 1 copy.
12 The $501.42 monthly fee, there is no dispute
13 that it averages out, that the Town did a detailed
14 analysis based on its prior year of copies in 2003,
15 determined that we had done 8,088 copies per month,
16 and that averages to $0.06 per month. Included in
17 the $501.42, if you'll look at Joint Exhibit 12,
18 which is the Xerox lease, is maintenance. They
19 suggest in their brief that somehow we don't pay
20 for maintenance. It's clearly included.
21 Also included in this fee are consumable
22 supplies, and if you look in the Xerox lease,
23 that's a specifically defined term, "consumable
24 supplies." It includes blank toner and/or solid
25 ink and toner.
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
N
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
37
The next charge -- and I'll come back to these
when we talk about overhead, but the next charge,
again, is the fixed meter print charge of one penny
for every black and white copy. I'm not going to
stand here and tell you that that's for ink or not.
What we do know is that, again, it's for every
piece of paper that goes through the copy machine.
And for plaintiff to suggest that that's somehow
not a material or supply? That's a cost of the
material, the material is the machine, the cost of
the material and supplies that's used to make a
copy. It couldn't be clearer that the cost of --
Xerox is charging us every time we run Mr.
O'Boyle's 5,000 pages through our machine. That's
clearly a cost of the copier, which is a material.
To find otherwise, we'd submit, would just frankly
lead to absurd results.
And in fact, if you look at Exhibit 23, which
is our response to request for admissions they
served on us, they asked us -- they asked us to
admit that the cost incurred by the Town to
duplicate a one-sided document is .0099 for a black
and white copy. So they asked us to admit that we
did, that's the evidence before this court, that
the one penny fixed meter print charge is the cost
ESQUIRE
800.211.DEPO (3376)
EsquireSolutions. com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
38
1 that we incur to duplicate a one-sided document
2 that's black and white. It's one of the three main
3 costs.
4 There is no dispute about the third cost, and
5 that is for the paper. Again, $0.01 for 8 1/2 x
6 11, $0.02 for 8 1/2 x 14. And it's Exhibit 21, the
7 Nazzaro memo, that outlines the detailed analysis
8 really, that the Town did. The evidence before the
9 Court is that once we were under the gun with this
10 barrage of public records requests, they really
11 did, with the limited resources they have, a
12 comprehensive analysis to come to a very fair and
13 pro rata share of what the actual costs are to
14 duplicate a record.
15 So now let's look at what's excluded from the
16 actual costs of duplication, and that's labor
17 expenses and overhead costs. We don't charge labor
18 expenses for the employee who has to stand there
19 and make Mr. O'Boyle's 5,000 copies, we don't
20 charge the utility expenses, again, for the
21 electricity and the air condition to the copier
22 room, we don't charge pro rata share of office
23 rental, or the depreciation expense of our
24 building. And respectfully -- well, talk about
25 that in a minute.
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
39
Again, there isn't a lot of case law on this,
and I think Florida Attorney General Opinion 92-38
is instructive when it talks about incidental costs
being excluded from actual costs of duplication,
which can't be added. And again, cited two other
attorney general opinions that talked about search
and retrieval fees being those types of incidental
costs.
The definitions of overhead are instructive,
and they're consistent with the Florida Attorney
General's opinion talking about incidental costs,
because what is the opposite of an incidental cost?
The opposite of an incidental cost is a direct and
allocable cost, and when you look at Black's Law
dictionary, and they define "overhead," and they
say "business expenses that cannot be allocated to
a particular product or expense," and
Merriam -Webster says the same thing, "business
expenses not chargeable to a particular part of the
work or product."
The issue here isn't cost incurred regardless
of whether we make copies for them, it's those
incidental or ancillary costs incurred regardless
of whether we make any copies, and we wouldn't have
a copier if we didn't have to make copies. I'd
ESQUIRE
800.211.DEPO (3376)
EsquireSolutions. com
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
40
submit that the overhead expenses that are being
discussed, particularly in the light of this
statute which is saying, yes, Town, you may include
your actual costs to duplicate a public record,
those overhead costs are excluded are clearly those
that are not directly allocated to the work or
service that's being done, i.e., to make copies.
And Mr. -- in the plaintiff's brief, they go
off, and Mr. DeSouza doesn't focus on it, so I'll
just give it a quick attention. But they talk
about the potential, that there may be potential
for the
Town to
profit.
We've addressed this, and
again,
the very
few cases
across the country that
have looked at the issue, from the New Jersey
Appellate Court in 2010, the Smith case, talked
about municipalities are required to
contemporaneously and continually recalculate their
copy costs, and to establish a new copying rate
every time a citizen makes copies of a government
record, because such an obligation would be
unwieldy and absurd. So should Mr. O'Boyle come in
and make 10,000 copies in a given month, when
last -- in 2013 we were only getting 8,000 copies
per month, he'll benefit. Hopefully, he won't
continue to be making public records next year, but
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
41
1 he will see the benefit because he will get a lower
2 pro rata share of his copy costs next year.
3 Just finally, Your Honor, in our brief we talk
4 about the Florida Supreme Court has long held that
5 a court should not interpret a statute in a manner
6 resulting in unreasonable, harsh, or absurd
7 consequences. That's the Diamond Aircraft
8 Industries case, Florida Supreme Court, 2013, 107
9 So.3d 362. The Town respectfully submits that
10 should the Court interpret these two statutory
11 provisions here to limit actual costs of
12 duplication to the costs of just a blank sheet of
13 paper would do just that, it would omit any
14 component for the most significant costs incurred
15 in making a copy, not of the actual machine to make
16 the copy, the ink and toner, and the charges that
17 increase every time an additional copy is made.
18 And so we respectfully submit that the Town
19 has clearly sustained its burden to establish the
20 actual cost of duplication, and to limit the Town
21 and other public and private agencies -- and again,
22 we've got 1800 public records requests out there,
23 40 lawsuits, but to limit not just the Town, but
24 private government contractors that are subject to
25 the Public Records Act, non-profit agencies around
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
42
the state that are subject to the Public Records
Act, to only the cost of paper used to make the
copies would result in an unreasonable, harsh, and
absurd interpretation, and we submit is otherwise
plain statutory language.
THE COURT: Just a couple questions.
MS. O'CONNOR: Yes.
THE COURT: What is your position on the
Town's usage of the copy machine, how does that
play into the calculation --
MS. O'CONNOR: Sure. Well, I think it plays
into the calculation because it benefits those who
are making public records requests. The more the
Town uses the copy machine, so in 2013 we had 8,088
copies per month, that benefits everybody. We're
all paying our pro rata share of what it costs to
make a copy, so the more the Town actually uses it
is going to benefit everybody.
THE COURT: So that went into the calculations
for the 2013 copies?
MS. O'CONNOR: Correct.
THE COURT: It's not just the public records
requests number of copies --
MS. O'CONNOR.: Correct.
THE COURT: -- it's all the copies that that
ESQUIRE
800.211.DEPO (3376)
EsquireSolutions. com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
43
1 Xerox machine makes?
2 MS. O'CONNOR: Correct.
3 THE COURT: Okay.
4 MS. O'CONNOR: And I submit -- I mean,
5 frankly, it's also absurd to expect that a town,
6 especially a tiny town like Gulf Stream which has
7 less than a thousand residents, would have to go
8 out and purchase a copy machine just to deal with
9 Mr. O'Boyle and Mr. O'Hare's public records
10 request, and I'd submit that municipalities across
11 the state I'm sure are -- you know, they're subject
12 to government budgetary constraints, they're using
13 one copy, and they're already absorbing a number of
14 expenses associated with this because it is a
15 significant expense to just have someone making
16 5,000.
17 THE COURT: What about for the overhead costs,
18 how do you address the issue of the fixed rate for
19 the Xerox machine? You were talking about the
20 costs of overhead such as the electricity or, you
21 know, to cool the room that you're keeping the
22 Xerox in, and that's overhead, but what about the
23 fact that there is a fixed monthly amount, and how
24 is that not overhead, for the Xerox machine?
25 MS. O'CONNOR: Sure. Because I'd submit that
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
44
it's a -- the material and supplies that are
actually used to duplicate the public record, and
what's excluded are overhead costs. That's not an
overhead cost. I mean, my position is that a fixed
cost that's directly allocated to the service
you're performing, which in the case of this
statute is duplicating a public record, it's
clearly -- you can directly allocate it, it's not
an issue of can we apportion some portion of our
monthly rent to making a copy? Well, no, you
can't. And the statute and the definitions of
overhead talk about that, and so does the Florida
Attorney General. Those are the incidental or
ancillary costs. You can't directly tie to the
particular work or service, but here we can. It's
clearly the material used to duplicate the public
record is the cost to run a copy machine. That's
what Bender talks about. That's what the
California Court of Appeals just kind of moves on
past, doesn't even really -- it's never been
challenged anywhere around the country that I
found. Plaintiff hasn't cited a single case in
that regard either.
So that would be our position. Our position
is that it's -- they try to say that, well, you
JESQUIRE
800.211.DEPO (3376)
EsquireSolutions. com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
45
1
might be
making
copies for other people. Our
2
position
is the
overhead costs here refer to costs
3
that you
would incur
regardless whether you had to
4
make any
copies.
If you didn't have a copy machine
5
what are
the costs
that you would be incurring,
6
so --
7 THE COURT: Well, I think what they're saying
8 is that, you know, exactly, if you didn't make any
9 copies for public requests, you'd still be stuck
10 with that monthly amount, that 501.42, so I guess
11 that's what I want to know is your position, how do
12 you address that, passing along that charge to the
13 public if that's not even necessarily something
14 that would exist for the public? Do you see what
15 I'm saying?
16 MS. O'CONNOR: Yeah. I mean, I think it's a
17 hypothetical scenario that the Court really can't
18 -- I mean, would we have a copier if we didn't need
19 to make copies? We wouldn't incur that cost
20 because we wouldn't have a copier. We wouldn't
21 have a five-year lease agreement for a copier if we
22 didn't know that we needed to make these types of
23 copies, so, you know, I can't -- I think it's a
24 hypothetical scenario that we would just pay for
25 copier that sits in a room unused.
ESQUIRE 800.211.DEPO (33 76)
EsquireSolutions. com
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
46
THE COURT: Okay. So that's what it is, is
basically that whether there are a thousand public
records requests or zero, that's still the cost to
operate the machine, that's -- you know, and that's
what it's there for is for the public records
requests.
MS. O'CONNOR: Correct. I mean, we are
subject to the Public Records Act, and so if Mr.
O'Boyle asks us for public records, we need to be
able to produce them and provide them. And the
only other thing I would say is, again, if you look
at the Xerox lease agreement, it clearly does
include the ink and toner. And Mr. DeSouza, you
asked him, I mean, can we have any portion of that
$0.06, and even if the ink and toner's part of
that, it's part and parcel, and you can't really --
we can't say if it's $0.04 out of the $0.06 or not,
and I think it would be unreasonable and harsh to
say we can't have the $0.06 because we're not sure
which portion of it is for the ink and the
maintenance to keep this copier going so we can
make these copies.
THE COURT: Okay. One other question.
Mr. DeSouza mentioned that, I think it was the City
of West Palm Beach, is that -- did I remember it
ESQUIRE 800.211.DEPO (3376)
Esquire Solutions. com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
47
1 correctly, that charges a penny for each copy? Do
2 you know anything about that?
3 MS. O'CONNOR: I don't know anything about
4 that. I do know if you look at the Bender article,
5 I think he talks about -- and I can find the page
6 when I sit down, but he talks about, I think, $0.07
7 per copy being kind of either an average or what
8 he's found in terms of looking around the country
9 at various -- but I would also say, and I don't
10 think Your Honor can quite take judicial notice of
11 this, but just yesterday I looked on my client
12 Office Depot's website, and noticed -- because I
13 think you can use your sort of common sense in
14 reaching these types of decisions, but it was
15 something like $0.10 per copy, and even if you made
16 a thousand copies, it only dropped down to $0.09
17 per copy. So again, my issue here is the
18 suggestion that all they need to do is pay for a
19 blank piece of paper, because that's not what it
20 actually costs to duplicate a public record.
21 THE COURT: Okay. Thank you.
22 MR. DESOUZA: Your Honor, quickly going back
23 to the last line of questions that you were asking
24 Ms. O'Connor. And you asked the question, even if
25 they don't make public records requests, you know,
ESQUIRE
800.211.DEPO (3376)
EsquireSolutions. cam
1
2
3
4
5
6
7
8
9
13
14
15
16
17
18
19
20
21
22
23
24
25
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
48
how would this copier be affected? Well, Ms.
Taylor at her deposition was asked that exact same
question: "Would you have this copier regardless
of whether any public records requests are made or
not?"
And her response was, "Of course. We're a
town. We need a copy machine. People make copies
on a daily basis." That's her testimony, and of
course it makes sense.
The issue is not, well, if you take Mr.
O'Boyle and Mr. O'Hare and everyone else away
that's making public records requests. That's not
the issue. The issue is do you have this expense
that you're paying regardless every month? There
is no dispute that is what the definitions of
overhead say time and time and time again. Every
case that has addressed overhead has said equipment
leases -- in fact, I cited one, Xerox rental
leases, that's overhead.
It's fine and dandy to cite to Ohio cases and
California cases. The problem with doing that is
we have a very particular statute. Our statute
does not mince words. It says actual cost of
duplication does not include overhead. I'm not
going to stand here and say the Town of Gulf
J, -ESQUIRE
800.211.DEPO (3376)
EsquireSolutions. com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
49
1 Stream's calculation of $0.06 when they divide by
2 the average number of pages they printed last year
3 is not fair. I'm not going to say it's not fair.
4 That's not the standard we're here for. The
5 standard is not whether it makes sense, whether
6
it's fair, whether the Town of Gulf Stream
actually
7
incurs
those costs; the standard is, is
it
an
8
actual
cost of duplication, and all you
get
there
9
is, is
it a material and supply? Is it
overhead?
10
If it's
overhead, it is excluded. Fair
or
not, it
11 1 is excluded.
12 Now, Ms. O'Connor got up and started off by
13 saying Mr. O'Boyle is a bad guy, he makes a lot of
14 public records requests, he's waging war against
15 the Town, we have a tiny town, we can't handle this
16 onslaught by him. Your Honor, as we cited in the
17 brief, whether Mr. O'Boyle is Adolf Hitler himself,
18 the motivation of the requestor, whether the person
19 is good or bad, does not affect the issue that
20 we're here for today. It's conceded in the trial
21 brief of Ms. O'Connor, it's in the pretrial
22 stipulation, the only issue that we're here for
23 today -- we all agree public records requests were
24 made, we all agree they have the documents. The
25 only issue is are they charging the right amount of
ESQUIRE 800.211.DEPO (3376)
U EsquireSolutions. com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
50
1 money for them or not, and Ms. O'Connor says, well,
2 we're really talking about small amounts of money
3 here, $100, $150, what's the big deal? Your Honor,
4 these types of cases don't involve a lot of money.
5 I don't know if you're familiar, but when I
6 was at my prior firm at Becker & Poliakoff a few
7 years ago, what was national news at the time, and
8 DBR(phonetic), and Above the Law, was the Bill Di
9 Scipio v. Southwest Ranches $1.25 public records
10 case. The case got national media attention
11 because this guy, William Di Scipio, decided to sue
12 the Town of Southwest Ranches because they
13 overcharged him 1.25. These cases don't involve
14 millions of dollars. It's not sexy, we don't have
15 hundreds of millions on the line. These cases come
16
down
to
the
small
amounts
and
what is proper or
17
what
is
not
proper
under
the
statute.
18 Now, Ms. O'Connor brought up the profit issue,
19 and this is addressed in our brief where we say if
20 you charge -- if you ran 10,000 copies during the
21 month, the Town would actually -- if you had 10,000
22 copies for public records requests, and the Town
23 charged $0.08 per page, you can make it a profit,
24 because at the end of the day, forget about how it
25 would be adjusted the next year, the Town would be
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
51
1 bringing in more money than its monthly lease on
2 that 501.42.
3 Ms. O'Connor, in her trial brief, actually
4 cites a couple of cases from New Jersey, and she
5 told Your Honor about them. One of the cases she
6 cites, and I posit, didn't pay attention to it all
7 that closely, is the Livecchia case, and this is on
8 I want to say page 14 of Gulf Stream's trial brief.
9 This Livecchia v. Borough of Mount Arlington, it's
10 a New Jersey case, it was dealing with a similar
11 statute to what we have in Florida. And the issue
12 there, Your Honor, was the charging per audio tape,
13 I believe was a $5 charge per audio tape that the
14 defendant wanted to charge, and the way the
15 defendant got there was by taking the cost of the
16 machine, I believe it was something like $130, and
17 doing a similar calculation from what Gulf Stream
18 has done here. well, we're going to divide it out,
19 and we find that the cost actually per the number
20 of audio tapes we make, we can charge $5 for it.
21 And what the New Jersey court in Livecchia, which
22 Ms. O'Connor cites, states is, "If one annualizes
23 these figures, the full price of the audio machine
24 would be recovered in less than eighteen months.
25 Therefore, those requesting audio tapes shortly
ESQUIRE
800.211.DEPO (3376)
Esquire Solutions. com
HEARING February 03, 2015
OBOYLE vs. TOWN OF GULF STREAM 52
1 following the machine's acquisition would be
2 bearing the brunt of the expense, and beginning in
3 month sixteen, requestors would be paying for
4 non-existent equipment costs, rendering a windfall
5 to the municipality. The Borough's formula
6 inequitably burdens requestors by continuing to
7 charge for equipment years after the equipment cost
8 was fully recouped."
9 Now, we're not dealing with a machine that was
10 bought here, we're dealing with a lease, which
11 means every single month, as opposed to an annual
12 basis, we could be dealing with the same type of
13 profit issue. Is it a hypothetical? Sure. But if
14 they make 10,000 copies, you're talking about
15 putting money back in Gulf Stream's pocket that's
16 clearly not paying for any sort of actual cost.
17 And again, we have to be very careful with our
18 words because there is no dispute that Gulf Stream
19 actually incurs these costs. I have no qualms with
20 Ms. O'Connor getting up and saying "we incurred
21 these costs," I have no qualms of Ms. O'Connor
22 getting up and saying "we believe these costs are
23 fair." The problem is the statute defines these
24 terms very particularly. It's a definition you
25 don't find in the Ohio case, it's a definition you
ESQUIRE 800.211.DEPO (3376)
Esquire Solutions. com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
53
1 don't find in the California case, and as
2 Ms. O'Connor conceded, in California they let you
3 have the labor of the person standing there making
4 the copies. That's excluded. We have a different
5 statute. Our statute excludes overhead.
6 Now, on the meter charge, I thought what's
7 interesting was Ms. O'Connor got up and said, "I
8 can't stand here and tell you that the meter charge
9 is for ink." Well, someone has to tell Your Honor
10 what the meter charge is for. The meter charge,
11 the best we have so far is from Ms. Taylor who
12 says -- and that's the town clerk, who says,
13 "That's just the cost we pay for every copy that we
14 make." I understand that, Your Honor, it's fair
15 you pay a cent, that's what's in your lease;
16 however, the only thing you're allowed to recover
17 under the statute is for materials and supplies.
18 And if someone from Gulf Stream can't get up and
19 tell you, or provide one of the giant book of
20 exhibits we have that that meter charge is actually
21 for a material or supply, the statute says it has
22 to be excluded.
23
THE COURT:
Can you tell me how that
$0.01
24
meter charge is
not an actual cost?
25
MR. DESOUZA: It is certainly actual
cost.
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
54
The problem is we're dealing with defined terms,
Your Honor. I have no dispute that the Town of
Gulf Stream pays a penny for every copy they make,
there is no question about that. The problem is
actual cost versus cost incurred is a different
beast. The definition in the statute of actual
cost of duplication states it is materials and
supplies, and excludes overhead. That's all that's
included, materials and supplies.
THE COURT: Well, what else could it be? What
else could that penny be for?
MR. DESOUZA: Well, that's the problem, Your
Honor. We had the Town of Gulf Stream saying the
$0.06, the $0.06 pro rata, that includes all the
ink, all the maintenance. It's in, I believe,
Exhibit 21, the memo from Mr. Nazzaro to Ms.
Taylor. Ms. Taylor in her deposition says, "I
don't know what it's for. It's just the cost that
we pay." So the ink -- and that's why I said
earlier, Your Honor, if the $0.01 is actually ink,
it's a material, it's a supply, it's properly
included. The problem is no one can get up here
and say it's actually ink, because all they're
saying is ink is somewhere else. You can't have
ink in two different line items, you can't say all
O ESQUIRE
800.211.DEPO (3376)
EsquireSolutions. com
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
55
the ink is in the $0.06, but ink is also in the
$0.01.
THE COURT: I understand your point, but I
want to know how you address Ms. O'Connor's point
about how you're essentially saying that the Town
should only be able to charge for the cost that
they pay for a blank piece of paper, when clearly
they're doing more than just handing out blank
pieces of paper to the public, so we know that
there has to be some other expense there for ink,
you know, for the other things to make that --
MR. DESOUZA: Of course.
THE COURT: -- duplicate there, so that's what
I'm interested in knowing. Is that your position
is that they're not allowed to charge at all for it
because it's not specifically enumerated in the
Xerox lease agreement?
MR. DESOUZA: Your Honor, the burden is on the
Town of Gulf Stream to come forward and say this is
the charge that we incur for ink, material,
supplies. Once we determine what is a material or
supply, it is the burden of Gulf Stream to say
$0.01, $0.02, $0.03, that is specifically the ink,
the supplies that we use. what Gulf Stream cannot
do is say, well, we pay a lease rate, we pay
f, ESQUIRE
800.211.DEPO (3376)
EsquireSolutions. com
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
56
maintenance, and included in that somewhere is ink
and other source of supplies, but we'll just go
ahead and fairly charge to everyone based on a
lease rate that we pay and a maintenance rate that
we pay.
If Ms. O'Connor can get up, or if someone from
Gulf Stream can say we figured out what the ink
portion is
that
we pay,
and we've
prorated that,
and that's
what
-- this
is the
ink cost, then
they'd have a completely different argument than we
have today. The argument that we have today is
forget about ink, we pay one fixed cost, which by
every definition is overhead, and included in that
may be ink, it may not be because no one has gotten
up and said -- actually said sworn testimony or
provided anything from Xerox or anything in the
lease that says it actually does include ink.
But if they could do that, if they could say
this is the portion that deals with ink, we're
excluding maintenance because that's not a supply
or material, we're excluding the lease rate because
that's not a supply or material, that's overhead.
This is the ink portion and that's what we want to
charge, they would have a completely different
story. The story that they have right now is we
)ESQUIRE
800.211.DEPO (3376)
Esquire Solutions. com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
57
1 pay a fixed operating cost, and we want to pass
2 that on to the people that make public records
3 requests, that is overhead.
4 And Ms. Taylor -- I think Ms. O'Connor got up
5 and said, well, you know, Ms. Taylor was asked
6 during her deposition what is overhead. As I
7 suggested before, I don't think Ms. Taylor's
8 definition is the be all and end all of what
9 actually constitutes overhead. But what she said
10 was, well, it's what it actually takes us to make
11 the copy. That's what our actual cost is. Well,
12 under that definition, Your Honor, the electricity
13 is needed to make the copy, clearly. You got to be
14 running the building to make a copy. You need a
15 building to make a copy. You can't just have a
16 copier out there in the middle of the street.
17 Those are all overhead items. And the notion that
18 you can say, well, because this one's particular to
19 the paper, this moves it from overhead to something
20 else, it just doesn't play out.
21 And I think what Ms. O'Connor said towards
22 closing was, well, we wouldn't have -- why would we
23 have a copier if we don't make copies? That
24 doesn't make any sense. Why would we have a copier
25 1 if we don't make copies? well, you can use that
ESQUIRE 800.211.DEPO (3376)
. EsquireSol utions. com
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
58
for any overhead item, Your Honor, and it's still
overhead. Why do we have a telephone if we don't
make telephone calls? Why do we have a fax machine
if we don't make faxes? Why do we pay electricity
if there is no one in the building? Those are all
still overhead. Just because you say, well, why
would we doesn't make something not overhead. The
definition is costs you're going to incur
regardless.
And as I said when I started, I invite
Ms. O'Connor to respond to any of the cases that I
provided that provide what overhead actually is. I
invite Your Honor to read those cases and see, they
say exactly what I quoted them for. Overhead is
fixed operating expenses such as $501.42 every
month, and overhead is as quoted ad nauseam, and at
least eight to ten cases that I provided for the
Court, equipment rental, equipment rental,
equipment leases, Xerox leases. You can't pass
those costs off as not overhead no matter how fancy
the calculation. If they started out as overhead,
they're still overhead, and the statute excludes
them.
THE COURT: Okay.
MS. O'CONNOR: Your Honor, we would like the
r�ESQUIRE
800.211.DEPO (3376)
EsquireSolutions. com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
59
1 opportunity to respond to those cases. I can do
2 so, I believe --
3 THE COURT: Absolutely.
4 MS. O'CONNOR: Thank you.
5 THE COURT: Yeah, Ms. O'Connor, I think a week
6 should be plenty of time; do you agree?
7 MS. O'CONNOR: That's fine. Yes, absolutely.
8 THE COURT: And would you be able to,
9 Mr. DeSouza, provide copies of the cases to --
10 MS. O'CONNOR: He did.
11 THE COURT: Oh, you have them? Okay.
12 wonderful. So you can do that.
13 MR. DESOUZA: In fact, I'll go one further,
14 Your Honor. I have a sheet that has the specific
15 quotes that I read into the record, I'll e-mail
16 over to Ms. O'Connor so she doesn't have to search
17 through 300 pages to find the quotes.
18 THE COURT: I'm sure she would appreciate
19 that. And yeah, if you want to get me the -- once
20 you have exchanged the cases, and if you have --
21 Ms. O'Connor, if you have other cases for the Court
22 to consider, if you could forward those, and
23 obviously copy Mr. DeSouza --
24 MS. O'CONNOR: Absolutely.
25 THE COURT: -- and let me know, because I will
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
60
take this under advisement, but I'd like to get you
an answer soon.
MS. O'CONNOR: Great.
THE COURT: I know that you're waiting. And
just want to thank counsel, I think you both did a
great job presenting the issues and explaining
everything. I think I do have a good understanding
now of everything involved, and I want to review
everything again and make sure I do the best job in
getting you an answer, so --
MS. O'CONNOR: Great.
MR. DESOUZA: Thank you, Your Honor.
MS. O'CONNOR: Thank you.
THE COURT: You're welcome.
(The hearing was concluded.)
!ESQUIRE
800.211.DEPO (33 76)
EsquireSolutions. com
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
HEARING
OBOYLE vs. TOWN OF GULF STREAM
C E R T I F I C A T E
STATE OF FLORIDA
COUNTY OF PALM BEACH
February 03, 2015
61
I, D. Renee Watson, Stenographic Reporter,
State of Florida at large, certify that I was authorized
to and did stenographically report the foregoing
proceedings, and that the transcript is a true and
complete record of my stenographic notes.
Dated this 21st day of May, 2015.
D. Renee Watson,
Stenographic Reporter
ESQUIRE
800.211.DEPO (3376)
EsquireSolutions. com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
Index: $0.01..362
11:21
26:5 27:4
119.011
30:4
$
31:15
36:12,17
33:7
20
50:23
58:15
119.07(4)
33:3
$0.01
$0.09
$945
30:22
2002
8:25 9:1,
31:16
21:2
31:7
19:25
7,11
47:16
32:16
23:10,12,
$0.10
0
119.07(4)(
2003
13,16,23,36:14
47:15
a)
24 24:11,
11:1
2008
15,19
$0.15
0099
30:10
25:1
10:16,22
37:22
12
27:11,13,
11:2,7,11
11:12
2010
14,19,25
31:9
36:17
19:16
38:5
32:17
1
14
40:15
53:23
$0.201
11:3
2011
54:20
31:13
31:11,16,
20:16
55:2,23
20:19
17 32:18
$1.05
2013
$0.02
30:2
1.25
38:6 51:8
9:5,7
31:17
50:13
15
12:15
38:6
$125
.
1/2
11:12
40:23
55:23
50:9
11:2
33:3
41:8
$0.03
$100
31:11,15,
42:14,20
1500
22:8
50:3
16,17
28:24
21
55:23
$130
32:18
38:6
38:5,6
1800
$0.04
51:16
54:16
28:2541:22
46:17
$150
10
22
$0.05
50:3
11:12
29.1
13:15
1973
32:19
$161.60
20:10
23
$0.06
30:6
10,00
37:18
40022
1992
9:1,10
$26.25
50:20,21
20:22
12:16
21:6
52:14
3
21:25
1997
23:10
$315
107
34:1
24:1,6,25
21:5
41:8
1999
3
36:16
$43.47
11
18:1
20:15
46:15,17,
21:811:2
31:23
19 49:1
$5
14:20
300
54:14
51:13,20
15:16
2
59:17
55:1
31:16
36
$0.07
01.42
$512:9,13
38:6
2
16:11,12,
47:6
12:9,
32:15
17:4,8,11
119
14
$0.08
19:20
8:22 9:12
2.000
362
10:18,22
21:22
26:17
41:9
ESQUIRE 800.211.DEPO (33 76)
Esquire Sol utio ns. com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
Index: 37 -allocable
37
6-
absurd
added
48:1
18:16
11:23
37:17
39:5
affecting
6 -cent
40:21
addition
35:3
41:6 42:4
4
10:6
43:5
32:6
affidavit
additional
20:24
accounting
4
7
31:13
21:1
20:9
18:2
32:19
affiliated
31:23
acquisition
41:17
7
29.9
32:15
17:24
52:1
address
afternoon
4,000
18:7
Act
4:8,10
5:11 6:1,
30:7
16:18
29:11
7 -cent
2 28:4,5
4,573
10:5
30:25
43:18
41:25
45:12
agencies
29:24
11:23
42:2 46:8
55:4
41:21,25
40
addressed
agency
41:23actual
8
9:14,16
40:12
32:5
11:7,8,
48:17
agree
5
8
19,21,24
50:19
26:2
11:2
13:4,9
addressing
35:11
5
19:22
14:8
35:22
49:23,24
20:5
31:11,15,
16:18
59:6
16,17
19:1,6
adjusted
5,000
32:18
23:20,21
50:25
agreed
30:8
38:5,6
26:12
administrat
5:3
34:16
8,000
27:9
ive
agreement
37:14
40:23
31:2,18,
14:24
45:21
38:19
21 32:6,
46:12
43:16
8,088
10,21
admissions
55:17
50
36:15
33:2,4,9,
37:19
10:18,19
42:14
11 34:31
admit
agrees
8,14,258:10
37:21,23
10:1
500
35:10,15,
22:13
22`7
.- _ 9
19 38:13,
admitted
ahead
501.42
16 39:4
11:15
56:3
12:14
92-38
40:4
Adolf
15:11
34:7 39:2
41:11,15,
49:17
air
34:17
27:17,23
---
20 48:23
advisement
38:21
45:10
A
49.8
60:1
51:2
52:16
Aircraft
53:24,25
Aetna
41:7
absolutely
54:5,6
19:22
6
24:19
Alabama
59:3,7,24
57:11
affect
20:10
6
absorbing
ad
49:19
allocable
19:13
43:13
58:16
affected
39:14
ESQUIRE 800.211.DEPO (3376)
Esquire Solutions. corn
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
Index: allocate -blank
allocate
20:6
assess
47:22
5:24
44:8
35:7,24
11:4
52:15
believes
allocated
44:19
assessed
bad
14:14
14:22
appearances
11:16
49:13,19
Bender
16:20
5:22
assistance
Bank
34:4,13
39:16
appellate
32:5
20:5
35:1,11,
40:6 44:5
19:15
assumption
bankruptcy
17 44:18
allowable
40:15
47:4
7:21
20:21
10:3
application
benefit
attention
barrage
allowed
s
40:24
10:8
38:10
53:16
33:1
41:1
55:15
40:10
barraged
42:18
apportion
50:10
28.22
alternative
44:9
51:6
benefits
26:14
approach
attorney
based
42:12,15
21:3
amount
28:6
16:16
big
36:14
10:1
approximate
20:20,23
56:3
9:24
12:13
1
y17:20
34:6,10,
10:19,21
22:5
11 39:2,
baseless
50:3
43:23
6,10
28:12
Bill
45:10
argue
44:13
basically
50:8
49:25
8:20
audio
46:2
17:12
bills
amounts
51:12,13,
basis
21:19
50:2,16
arguing
20,23,25
22:3 48:8
8:18 9:2
binder
analysis
authorities
52:12
11:11
3:7 16:6,
13:1,10
34:23
Beach
9 17:17,
36:14
argument
authorized
27:13
24 18:9
38:7,12
7:25
30:25
46:25
19:13
9:18,24
ancillary
25:6,8
31:11,21
bearing
bit
36:3
56:10,11
automatic
52:2
5:20 12:6
39:23
44:14
arguments
20:13
beast
black
and/or
25:3,6
average
54:6
37:4,22
36:24
arises
22:6 47:7
beat
38:2
18:25
49:2
34:24
Black's
Aniero
19:22
Arlington
averages
Becker
14:15,18,
51:9
36:13,16
50:6
19 15:6
annual
16:2
21:4
article
begin
39:14
52:11
34:1,5
B
4:22
blank
annualizes
47:4
beginning
30:13,15,
51:22
asks
back
52:2
18 33:14
Appeals
46:9
5:9 32:15
37:1
behalf
36:7,24
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
HEARING
OBOYLE vs.
TOWN OF GULF STREAM
February 03, 2015
Index: blue..Chris
41:12
52:2
California
52:25
23:14,16,
47:19
budgetary
12:23
53:1
19,23,25
55:7,8
13:24,25
24:2,11,
43:12
cases
blue
33:25
4:3,5,8
17,19,22
building
35:6,13,
25:16
12:23
22:6,7
21,23
27:8,12,
Boats
38:24
44:19
17:20
14,20,25
20:
20:21
57:14,15
48:21
21:13
32:6,7
book
58:5
53:1,2
34:2
40:13
34:15,17,
53:19
bulk
call
48:20,21
18 35:21
Borough
10:10
7:16
50:4,13,
37:1,2,3,
51:9
burden
calls
15 51:4,5
25 38:17,
20'22
Borough's
41:19
58:3
58:11,13,
45:12
52:5
55:18,22
card50:20
17 59:1,
9,20,21
burdening
25:23
51:13,14,
bottom
28:12,19
Casualty
20 52:7
15:21
careful
19:23
53:6,8,
bought
burdens
52:17
cent
10,20,24
26:15
52.6
carefully
53:15
55:6,15,
52:10
business
12:1
20 56:3,
14:21
cents
24
break
15:17
case
10:16
5:18
3:7,14,
11:2
char geable
26:11
16:3
20,24
31:13
15:17
breaking
22:19
23:6
4:11
33:3
39:19
27:15
39:16,18
7:10,14
cetera
charged
briefly
8:4,5,9
20:8
10:2 31:7
11:9,13,
50:23
10:13
C
14 12:22
challenged
briefs
13:3,7,
44:21
charges
3:21
Cain
16,21
chance
20:25
5:2,25
14:5,6,9,
4:13
26:22
brin g
12 17:1941:16
27:13
10:13
6'1
18:1,13,
Chapter
bringing
calculation
21 19:12
8:22 9:12
47:1
51:1
20:17
28:11
11:1
charging
21:21,23
30:9,10
30:22
10:17
broad
22:11
33:24,25
33:7
37:13
29:22
26:19
35:7,8
charge
49:25
broken
42:10,12
39:1
9:7,11
51:12
8:24 10:2
49:1
40:15
10:16
check
26:7
51:17
41:8
11:1,4,7,
17:8
brought
58:21
44:6,22
10,16,19
50:18
calculation
48:17
12:17,24
Chris
s
50:10
21:22
7:11
brunt
42:19
51:7,10
22:8
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
circuit
17:25
28:20
32:13
circumstanc
e
32:8
circumstanc
es
25:24
cite
34:8,11
48:20
cited
3:21 30:9
39:5
44:22
48:18
49:16
cites
13:25
51:4,6,22
citizen
40:19
City
46:24
claims
28:12
clear
22:16
27:3
31:4,25
clearer
3 7: 12
clerical
20:12
23:4 32:4
clerk
14:14
15:19
17:16
24:4
53:12
client
22:21
47:11
clients
7:10
close
28:25
closed
17:7
closely
51:7
closing
57:22
co -counsel
5:25
coffeemaker
5:18
comfortable
5:20
common
15:25
47:13
Company
19:23
20:5
compatriot
28:17
compensatio
n
19:25
complaint
30:5
completely
14:6
56:10,24
component
41:14
comprehensi
ve
38:12
concede
24:21
conceded
49:20
53:2
concedes
21:15
concept
13:11
concepts
14:17
concluded
60:16
Concrete
19:22
condition
38:21
conditionin
g
34:17
confusing
19:5
confusion
12:6
18:25
connection
32:25
consequence
s
32:11
41:7
consigliere
7:17
consistent
39:10
constitutes
17:1 57:9
constraints
43:12
consumable
36:21,23
contemporan
eously
40:17
contends
21:6
contention
9:12
continually
40:17
continue
40:25
continuing
52:6
contract
19:17
contractor
19:18
contractors
41:24
convincing
27:21
cool
43:21
Coopes
20:6
copier
18:21
25:20
34:20
35:5
37:15
38:21
39:25
45:18,20,
21,25
46:21
February 03, 2015
Index: circuit -copy
48:1,3
57:16,23,
24
copiers
25:22
copies
9:6
12:15,25
16:24
17:5
22:18
23:2 26:2
28:7 30:8
31:10,12
32:20,24
34:16
36:14,15
38:19
39:22,24,
25 40:7,
19,22,23
42:3,15,
20,23,25
45:1,4,9,
19,23
46:22
47:16
48:7
50:20,22
52:14
53:4
57:23,25
59:9
copy
8:25 9:8
11:2
12:10,17
18:18
22:14,16
23:15,17
24:12,15
27:13
30:1
31:10,14
32:18
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. corn
HEARING February 03, 2015
OBOYLE vs. TOWN OF GULF STREAM Index: copying -default
33:3,20,
35:10,24
41:2,11,
11,12
21 34:25
37:9,10,
12,14
19:15
D
36:11
12,15,21,
42:16
20:6,22
37:4,7,
25 38:4
43:17,20
25:12,15
daily
12,23
39:12,13,
44:3,14
27:2,16,
48:8
40:18
14,21
45:2,5
21 28:2,
41:2,15,
41:20
47:20
5,8,19
dandy
16,17
42:2
49:7
29:4,20
48:20
42:9,14,
44:4,5,17
52:4,19,
31:20
Daniel
17 43:8,
45:19
21,22
35:6,24
5:23
13 44:10,
46:3
58:8,20
37:24
17 45:4
48:23
38:9
day
counsel
22:8
47:1,7,
49:8
40:15
15,17
51:15,19
4:12 0
41:4,5,8,
50:24
6:5
7;17 60:5
48:7
52:7,16
10 42:6,
DBR(
53:13
53:13,24,
Count
8,19,22,
PHONETIC)
54:3
25 54:5,
29:25
25 43:3,
50:8
57:11,13,
7,18 55:6
30:1,5
17 44:19
14,15
56:9,12
country
45:7,17
DCA
59:23
57:1,11
17:21
46:1,23
30:10
copying
costa
40:13
47:21
deal
35:3,25
13:6,7,9,
44:21
51:21
43:8 50:3
40:18
18 14:2,8
47:8
53:23
dealing
54:10
correct
15:9,11,
County
55:3,13
51:10
5:1 14:14
14 16:18,
13:2519
58:18,24
52:9,10,
42:21,24
19:4 ,
19:14
59:3,5,8,
12 54:1
43:2 46:7
16,18
35:7
11,18,21,
deals
20:1 22:1
correctly
23;6,20
couple
25 60:4,
56:19
47:1
30:17
42:6 51:4
14
Deas
cost
31:2,18,
court
Court's
30:9
9:14,16
22 32:10
3:2,8,11,
7:24
decided
11:7,8,
33:2,5,
17,25
courtroom
15:3,8
19,21,24
10,12,16,
4:10,15,
7:7
50:11
13:4 14:3
21 34:3,
22 5:3,6
19:1,6,7,
8,9,14,
6:2,6,14,
Courts
decides
8 21:1,4,
19,25
16,17
19:23,25
14:11
5,7 23:21
35:1,2,4,
7:5,15,
curious
25:9
24:13
5,9,14,
19,24
15:1
decision
25:17
15,16,18,
8:2,7,23
32:9
26:4,12
19,22,25
9:5,20,25
curiously
27:9,18
38:3,13,
10:7,11
15:7
decisions
30:1,6,14
16,17
13:4,22
Cynosure
47:14
31:9
39:3,4,8,
16:13
20:15
default
32:6,21
11,23
17:19
10:15
33:12
40:4,5,18
18:5,7,
ESQUIRE 800.211.DEPO (3376)
EsquireSol utions. com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
defendant
6:5
51:14,15
define
39:15
defined
23:21
33:5
36:23
54:1
defines
52:23
definition
14:13,14,
19 15:2,
5,6,8
16:25
17:14,15
23:13
27:18
33:11
52:24,25
54:6
56:13
57:8,12
58:8
definitions
14:12
15:22
16:1 39:9
44:11
48:15
demonstrati
ve
28:11
Department
14:1
deposition
18:7
22:20,25
48:2
54:17
57:6
Depot's
47:12
depreciatio
n
18:4,14,
22 19:3,
10,11
21:4
38:23
designate
27:7
Desouza
3:6,9,20
4:1,14,20
5:23 6:9,
15,23,25
7:9,16,20
8:3,24
9:6,24
10:4,9,12
16:14
18:6,9,13
24:20
25:14,19
27:11,17
28:3,10
31:6 35:6
40:9
46:13,24
47:22
53:25
54:12
55:12,18
59:9,13,
23 60:12
detailed
36:13
38:7
determine
55:21
determined
29:23
36:15
Detroit
20:5
Di
50:8,11
Diamond
4 1: 7
dictionarie
s
15:23
dictionary
14:12,15
16:2
39:15
difficulty
27:21
direct
13:6,17
14:2,7
19:16
32:15
35:9,16,
19,22,25
39:13
directed
31:20
directly
16:20
40:6
44:5,8,14
disagree
7:2
discuss
4:2
discussed
40:2
dispute
4:7 9:22
17:2
18:25
19:7
23:7,12
February 03, 2015
Index: defendant..duplication
24:14
36:12
38:4
48:15
52:18
54:2
disputes
12:12
distinction
30:12
distinction
s
12:5
distinguish
ed
26:6
distraction
s
25:5
District
19:24
20:9,16,
22
divide
12:14
22:8 49:1
51:18
document
37:22
38:1
documents
8:15,16,
19 49:24
dollar
22:17
dollars
12:13
50:14
double -
sided
31:12,14,
15 32:19
drives
20:19
dropped
47:16
duplicate
30:15,18
33:13,15
36:6
37:22
38:1,14
40:4
44:2,16
47:20
55:13
duplicating
16:21
44:7
duplication
9:14,16
11:7,8,
19,24
13:4,9
14:8
16:19
19:6
23:20,21
30:6
31:2,19,
22 32:7,
10,21
33:2,5,
10,12,17
34:4,9,14
35:1,9,
11,17,18,
22 36:1
38:16
39:4
41:12,20
48:24
49:8 54:7
C)ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
E
e-mail
2 9: 11
59:15
e-mailed
22:23
earlier
54:20
early
17:6
easiest
6:19
Education
14:1
eighteen
51:24
electricity
15:20
21:19
22:4,9
38:21
43:20
57:12
58:4
electronics
lly
22:22,24
ellipsis
15:1
employee
20:8
38:18
employees
28:15
end
29:7
50:24
57:8
ends
21:5
entire
7:25
entities
29:9
entitlement
30:3
enumerated
55:16
equipment
13:17
18:20
19:2
20:2,3,8,
14,18
46:17
52:4,7
58:18,19
equipment -
related
13:7
essentially
28:16
31:9 55:5
establish
40:18
41:19
events
21:17
evidence
4:25
37:24
38:8
evolved
35:13
exact
4:5,6
12:12
22:4 24:4
48:2
exceed
31:10
33:2
exchanged
59:20
exclude
13:20
14:4
excluded
13:12
16:18
19:9
27:19
34:3,8
38:15
39:4 40:5
44:3
49:10,11
53:4,22
excludes
23:22
53:5 54:8
58:22
excluding
56:20,21
exclusion
14:9
exhibit
24:4,20
29:1,2
36:17
37:18
38:6
54:16
exhibits
4:23
11:18
14:19
24:2
53:20
exist
45:14
existence
16:3
19:20
expect
43:5
expects
17:8
expense
14:24
18:22
23:5
26:13,24
36:2
38:23
39:17
43:15
48:13
52:2
55:10
expenses
14:21
15:17
16:2,20,
23 18:18
20:11
21:9,11,
12,16
34:10
38:17,18,
20 39:16,
19 40:1
43:14
58:15
explaining
60:6
extensive
11:5
32:3,4
extremely
29:21
February 03, 2015
Index: e -mail -fax
F
face
17:13
facsimile
20:25
21:2,4,8,
10
fact
13:12
22:19
29:22
37:18
43:23
48:18
59:13
factors
35:3
facts
7:2 8:10
17:3
22:13
fair
4:11,20
23:1
38:12
49:3,6,10
52:23
53:14
fairly
12:16
56:3
familiar
3:5 7:23
50:5
fancy
21:23
58:20
fax
58:3
ESQUIRE 800.211.DEPO (3376)
Esquire Solutions. corn
HEARING
OBOYLE vs. TOWN OF GULF STREAM
faxes
firm's
focus
58:4
21:2
10:8 40:9
federal
firms
follow
17:25
20:11
11:18
fee
fiscal
footage
8:16,21,
12:14
34:21
24 18:21
fit
forget
31:8,21
23:12
50:24
36:12,21
five-year
56:12
fees
12:10
formal
34:12
45:21
5:20
35:3 39:7
fixed
formula
field
15:9,10,
52:5
6:16
14 16:2
forty
figure
20:7
26:18
12:8
21:16
23:6
forward
figured
26:4,13
55:19
56:7
27:17
59:22
figures
37:3,25
Foster
51:23
43:18,23
6:4
file
44:4
36:4
56:12
found
57:1
44:22
finally
58:15
47:6
41:3
Flatau
four-page
find
21:2,6
30:23
37:16
47:5
Flatau'e
Fourth
51:19
21:1,10
30:9
52:25
flip
frankly
53:1
15:6
25:4
59:17
27:12
Florida
37:16
finding
12:21
43:5
34:24
13:20,24
fine
16:16
freak
11:12,13
19:15
17:6
27:24
20:16
free
48:20
34:6,10
5:16 30:8
59:7
39:2,10
41:4,8
Friday
firm
44:12
3:23
21:6,10
51:11
frivolous
50:6
28:12
front
24:5
full
51:23
full-time
28:15
fully
52:8
fuse
10:20,21
G
gave
16:6
19:14
general
7:17,23
16:16
18:3
26:24
34:7,10,
11 39:2,6
44:13
General's
39:11
Georgia
20:22
giant
53:19
give
3:9 4:16
6:12 8:3
15:21,23,
24 17:23
4 0: 10
Glasastream
20:21
good
5:6 6:1,
2,6 14:16
February 03, 2015
Index: faxes..Gulf
28:4,5
49:19
60:7
Gorden
13:3
government
40:19
41:24
43:12
great
3:11 7:5
16:7
60:3,6,11
guess
45:10
guidance
16:15
Gulf
3:3,22
6:5 7:11,
13 8:13,
14,21
9:3,8,14,
19 10:14
11:9,15,
17 12:6,
9,13,18,
20 13:1,
8,12,15,
23,25
14:11,14,
17 15:7,
15 16:6,
11,22,25
17:5
18:16
19:1,4,9
21:15,18,
20 24:15
26:7,14
28:1,13,
22 32:12
43:6
48:25
ESQUIRE 800.211.DEPO (33 76)
S 0 l u T 1 0 N 9 EsquireSolutions.com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
Index: gun..ink
49:6
held
51:5,12
inapposite
incur
51:8,17
41:4
53:9,14
13:22
19:7
52:15,18
helpful
54:2,13,
14:10
21:17
53:18
28.9
20 55:18
incidental
38:1
54:3,13
57:12
45:3,19
30:20
34:9
55:19,22,
58:1,13,
55:20
24 56:7
herrings
25 59:14
39.3,7,
58:8
25:5
60:12
11,12,13,
gun
23 44:13
incurred
38:9
hey
hour
16:23
include
26:8,9
5:12
17:4
guy
14:3,18
26:10
highlighted
hours
18:18
19:17,18
49:13
35:6
11:11
19:11
21:9
50:11
Hitler
22:5
26:21
23:16
49:17
hundred
30:16
30:17
37:21
H
home
17:9
33:16
39:21,23
34:14
_
18:1
hundreds41:14
35:5 40:3
hall
20:20
29:12
46:13
52:20
5:17
hometown
50:15
48:24
54:5
28:15
28:18
hurricane
17
56i
incurring
ncurrn g
29:13
Honor
17:7
included
45:5
handed
3:6,14,21
hypothetica
13:14,18,
incurs
18:10
4:2,6,19,
1
19 20:17
16:3 19:4
30:21,24
21 5:1,5,
45:17,24
25:17
23:5,14
33:6
23 6:1,3,
52:13
29:18
49:7
handing
9 7:1,9,
33:9
52:19
55:8
20 10:10,
34:3,25
individuall
23 14:25
I
36:16,20,
handle
15:21
— - — -
21 54:9,
y
49:15
16:5,9,15
i.e.
22 56:1,
29:8
happened
17:16,22
16:21
13
indulgence
7:3
18:24
19:197'25
includes
harsh
19:13
40:7
13:5,17,
Industries
41:6 42:3
20:23
II
21 18:2,
41:8
46:18
21:13
29:25
14 19:2,3
inequitably
22:12
30:1
20:7 24:7
52:6
he'll
24:1,14
26:5
40:24
25:2,4,19
important
36:24
information
hear
26:3,4,10
12:4
54:14
32:3
5:13
30:21,24
29:18,20
ink
32:10
33:9
inclusive
hearing
33:7 41:3
27.5
18:20
3:12 6:22
improper
24:7,9,
47:10,22
9:11,13
increase
19,21,23
60:16
49:16
24:17
41:17
25:1,17,
50:3
24 26:1,
ESQUIRE 800.211.DEPO (3376)
Esquire Solutions. corn
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
Index: insert -limit
5,8,9,12,
introductio
11,14,16
kind
12:10
15,21
n
26:6
3:21
26:5
27:5,15,
6:13 8:4
27:10
44:19
36:18,22
23,24
invite
54:25
47:7
45:21
33:21
5:19
57:17
knowing
46:12
36:8,25
51:1
17:18
55:14
37:5
58:10,1352:10
J
41:16
53:15
46:13,15,
involve
L
55:17,25
20 53:9
50:4,13
Jersey
56:4,17,
54:15,19,
involved
40:14
labor
21
20,23,24,
60:8
51:4,10,
11:5
leased
25 55:1,
21
33:16
18:21
10,20,23
irrespectiv
Joanne
38:16,17
56:1,7,9,
a
6:3
53:3
leases
12,14,17,
26:25
20:18
19,23
issue
job
language
48:18,19
insert
4:5,8,10
60:6,9
31:25
58:19
22:17
7:4,23
John
35:14,20,
leave
10:12,15,
34:4 35:1
23 42:5
15:3,8
instance
21,23
law
31:8
Johnston
left
17:21
3:7,15,
instruction
19:5 28:7
6:4
20,24
15:4 16:1
10:23
29:17,23,
joint
4:11
legal
25 30:5
4:23 8:8
14:12,15,
7:4 8:22
instructive
32:14
29:1
18,19
14:17
39:3,9
39:21
36:17
15:6 16:2
legislature
insurance
40:14
Jones
17:19
31:1,8
18:4
43:18
6:4
19:12
32:20,23
intend
44:9
20:11
47:17
Judge
32:14
legislature
4:24
48:10,13
34:2 35:8
39:1,14
s
interested
49:19,22,
judgment-
50:8
32:16
7:13
25 50:18
type
lawsuits
lengths
55:14
51:11
6:22
28:19
16:7
interesting
52:13
judicial
41:23
level
53:7
issues
47:10
lawyer
18:3
interpret
6`24
15:1,3
10:10
jury
light
41:5,10
5:8,15
34:1 35:2
40:2
25:10
interpretat
60:6
lawyers
lighting
ion
item
g
14:16
34:18
15:19,23,
25 42:4
22:2 58:1
lead
limit
items
keeping
37:17
21:19
introduce
20:3,4,7,
43:21
lease
41:11,20,
4:24 7:6
ESQUIRE 800.211.DEPO (3376)
1 EsquireSolutions. corn
HEARING
OBOYLE vs. TOWN OF GULF STREAM
23
36:9
make
limited
37:7,10,
17:9,10
5:13
14 41:15
18:18
42:9,14
22:9,15,
38:11
43:1,8,
17 25:8
litigation
19,24
33:20
7:12
44:17
36:10
Livecchia
45:4 46:4
37:11
51:7,9,21
48:7
38:19
51:16,23
39:22,24,
located
52:9 58:3
25 40:7,
34:20
22 41:15
machine's
log
52:1
42:2,17
29:3
45:4,8,
made
19,22
long
8:12
46:22
41:4
16:25
47:25
looked
17:5
48:7
40:14
22'21
50:23
47:11
23:2,15,
51:20
17 24:16
52:14
lot
26:18
53:14
39:1
29:8
54:3
49:13
41:17
55:11
50:4
47:15
57:2,10,
Lou
48:4
13,14,15,
7:17
49:24
23,24,25
lower
mails
58:3,4,7
41:1
26:9
60:9
makes
main
M
38:2
12:17
26:24
maintenance
29:14
machine
13:6,18
32:10
9:9 12:11
24:8,9
40:19
13:5 14:3
25:18
43:1 48:9
18:19,22
26:5,10,
49:5,13
20:13
11 27:5
21:2,5,8,
36:18,20
making
11 22:14,
46:21
26:1
16,18
54:15
40:25
23:3
56:1,4,20
41:15
25:18
majority
42:13
43:15
33:22
22:20,23
44:10
34:16,25
23:1
45:1
35:25
48:12
ESQUIRE
53:3
February 03, 2015
Index: limited -mince
33:12,19
managers
52:11
18:3 media
50:10
manner
41:5 Melka
Marine 17'24
17:25
Martin
5:24
19:14
material
11:25
23:23
24:16,24
25:25
26:22
27:22
33:13
36:5
37:9,10,
11,15
44:1,16
49:9
53:21
54:21
55:20,21
56:21,22
materials
3:5 23:22
25:1
36:10
53:17
54:7,9
matter
17:16
58:20
meaning
16:17
34:12
means
11:12
12:7 15:5
23:21
memo
10:15
24:3 38:7
54:16
memos
7:21 9:22
mentioned
46:24
Merriam-
webster
15:15
39:18
meruit
20:1
meter
9:7,11
23:14,16,
23,24
24:11,19
27:20
37:3,25
53:6,8,
10,20,24
Michigan
20:7
middle
20:15,22
57:16
million -
dollar
10:5
11:22
millions
50:14,15
mince
800.211.DEPO (3376)
EsquireSolutions. com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
Index: mincing -one-quarter
12:1
motivation
necessarily
42:23
58:11,25
48:23
49:18
23:5
43:13
59:4,5,7,
mincing
Mount
45:13
49:2
10,16,21,
19:5
51:9
needed
51:19
24 60:3,
45:22
11,13
minimize
move
29:17
14:11,12
57:13
O
O'connor's
minute
21:20
news
17:14
55:4
38:25
moves
50:7
O'boyle
44:19
no -profit
3:2 5:24
O'hare
misleading)
8:13 16:4
7:11
57:19
25:6
Y
17:9
28:17,21
31:20
multiplied
non-
28:16,22
48:11
mixed
21:24
existent
29:8
Where's
s
6:24
multiply
52:4
30:2,12
7:16 43:9
12:15
non-profit
40:21
money
22:7
41:25
43:9 46:9
objections
10:22
48:11
5:4
50:1,2,4
municipalit
normal
49:13,17
obligated
51:1
ies
25:24
52:15
32:13
O'boyle's
30:7
35:20
North
37:14
obligation
month
13:25
38:19
12:10,12
40:16
35:7
40:20
15:12
43:10
O'connor
office
17:8
municipalit
Northern
3: 1913,
14:24
21:8,18
y
20:9
4:3,7,19
18:1 19:2
24:25
52:5
notebook
5:1,5
20:12,18
36:15,16
29:2
6:3,10,
23:3
40:22,24
notice
21,24
34:20,22
42:15
N
47:10
15:24
38:22
48:14
17:18
47:12
50:21
national
noticed
24:18
52:3,11
50:7,10
47:12
25:8
Ohio
58:1628:4,6,9
nature
noting
12:22
13:2,12,
42:7,11,
monthly
29:20
32:23
21,24
14,16,19,
21:5
32:2
notion
43:2,4,25
20,21
36:12
nauseam
57:17
45:16
33:24
43:23
58:16
46:7
48:20
44:10
nucleus
47:3,24
52:25
45:10
Nazzaro
15:25
49:12,21
omit
51:1
24:3,6
number
50:1,18
41:13
months
38:7
9:2,6
51:3,22
51:24
54:16
12:15
52:20,21
one's
neatly
15:12
53:2,7
57:18
Mortgage
23:13
21:24
56:6
one-quarter
20:15
24:4
57:4,21
34:21
ESQUIRE 800.211.DEPO (3376)
Esquire Solutions. corn
HEARING
OBOYLE vs. TOWN OF GULF STREAM
Index:
February 03, 2015
one-sided.. person
one-sided
opposition
44:3,4,12
paragraph
51:6
31:10
29:4
45:2
16:12,14
53:13,15
32:18
opted
48:16,17,
18:16
54:19
37:22
28:17
19,24
parcel
55:7,25
38:1
49:9,10
56:4,5,8,
ordinary
53:5 54:8
46:16
12 57:1
online
15:9,10,
56:13,22
Parents
58:4
15:22
14
57:3,6,9,
14:1 35:7
onslaught
17,19
paying
organizatio
parse
17:10
49:16
n
58:1,2,6,
27:6
24:15
open
14:1 35:8
7.12,14,
26:4,12
29:2
16,20,21,
part
42:16
outlines
22
15:18
opening
38:7
16:22
48:14
6:7
27:23
52:3,16
overcharged
operate
50:13
P
--
39:19
payment
46:4
46:15,16
20:15
overhead
pages
parties
payroll
operating
9:23
21:24
13:6,17
11:24
29:24
7:22
18:2
15:9,10,
13:11,13,
30:8
pass
pays
14 21:16
21 14:4,
37:14
24:13,25
12:9 54:3
26:13
9,13,2026:23
49`2
pending
27:18
15:5,7,
59:17
57:1
36:2 57:1
10,17,24,
58:19
7'12
58:15
25 16:1,
paid
penny
9:8
passing
7,8,18
30:13
opinion
45:12
34:7
17:1,13,
palm
37:3,25
39:2,11
14,22
27:13
past
47:1
18:1,14
46:25
28:25
54:3,11
opinions
19:6,8,
44:20
34:11
11,18
paper
people
39:6
8:25 9:1
patent
7:6 22:6,
20:1,7,
18:19
3 0:11
7 24:23
opportuniti
11,17
27:14
Paving
45:1 48:7
es
21:11,18,
30:13,14,
19:15
57:2
7:1
21 22:2,
16,19
10 23:7,
pay
percent
opportunity
8,13,17,
31:17
8:16
10:18,19
3:15 59:133:14,20
22 26:3,
35:5
12:12
perfectly
opposed
24 27:1,
36:7,8
15:11
4:20
14:8
18 33:8,
37:7 38:5
19:1
performing
p g
52:11
16 37:2
41:13
24:11,12
38:17
25:23
44:6
opposing
39:9,15
42:2
30:3,13
permitted
4:12
40:1,5
47:19
36:19
19:25
opposite
43:17,20,
55:7,9
45:24
39:12,13
22,24
57:19
47:18
person
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
34:15
36:2
49:18
53:3
personnel
32:5
piece
19:11
30:15,18
31:17
33:14
36:7 37:7
47:19
55:7
pieces
55:9
plain
16:16
42:5
plaintiff
5:24 8:13
29:17
31:20
37:8
44:22
plaintiff's
9:10 40:8
play
31:3,19,
22 42:10
57:20
plays
42:11
plenty
59:6
pocket
19:2
52:15
point
7:4,22
16:5
20:19
22:16
25:7 26:3
28:9
55:3,4
points
35:12
Poliako£f
50:6
policies
11:17
Polivka
19:14
portion
23:2 44:9
46:14,20
56:8,19,
23
posit
23:25
51:6
position
9:10 13:8
18:17
19:10
25:16
27:7,11,
22 42:8
44:4,24
45:2,11
55:14
positions
6:15
possibly
8:1
potential
40:11
preliminary
5:7
present
5:14
presentatio
n
25:9
presented
4:12
presenting
60:6
presumes
31:9
pretrial
8:8 11:15
12:11
49:21
price
51:23
principle
14:2
print
37:3,25
printed
49:2
printer
26:16,19
printout
30:24
31:24
33:6
prior
36:14
50:6
private
41:21,24
pro
22:2
34:19
38:13,22
41:2
42:16
54:14
problem
February 03, 2015
Index: personnel -public
10:20
13:1,10
26:3 28:1
48:21
52:23
54:1,4,
12,22
proceed
6:10
proceedings
3:1
produce
29:24
46:10
product
14:23
15:18
39:17,20
profit
40:12
50:18,23
52:13
project
19:19
proper
9:16
10:17
23:18
24:22
27:25
50:16,17
properly
54:21
proposition
12:19
18:14
prorated
9:2 56:8
provide
12:18
30:7
46:10
53:19
58:12
59:9
provided
8:17,21
17:17,19
29:4
56:16
58:12,17
provisions
41:11
public
8:11,12
11:6
13:19
16:17,21
17:9
19:20
22:15,18,
21,23
25:21
26:16,17,
20,25
28:24
29:5,12,
15,16,21,
22,25
30:15,18,
25 32:21,
24 33:13,
15 36:7
38:10
40:4,25
41:21,22,
25 42:1,
13,22
43:9
44:2,7,16
45:9,13,
14 46:2,
5,8,9
47:20,25
48:4,12
49:14,23
50:9,22
ESQUIRE 800.211.DEPO (3376)
Esquire Solutions. corn
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
Index: purchase.. represents
55:9 57:2
15:2,9
59:15
30:1,4,25
rehash
purchase
17.23
real
32:2,25
7:25
43:8
18:1
30:11
38:10
reimbursabl
20:23
40:25
purchased
reason
41:22,25
e
quoted
21:12
18:23
24:1
42:1,13,
58:14,16
22 43:9
reimburseme
Purely
reasonable
6:24
quotes
31:4
46:3,5,8,
nt
13:13
35:14
9 47:25
20:25
pursue
59:15,17
48:4,12
rel
25:9
recalculate
49:14,23
13:3
put
40:17
50:9,22
3:22,23
R
-
received
57:2
relate
21:11
10:25
3:3,4
Recordsm
puts
raise
25:10
29:6
commerce-
relevant
15:1
recognize
group.com
18:15
raises
12:4
29:11
remember
putting
10:15
52:15
25:3
33'17
recouped
46:25
record
52:8
rendering
ran
3:13 5:2252:4
recover
Q
50:20
26:25
53:16
rent
Ranches
29:15
qualms
50:9,12
30:15,18
recovered
14:21
52:19,21
32:22
51:24
15:21
rare
,
20:2,33:1415
quantum
6:25 8:9
,
red
12,13
12,13
20:1
36:7
25:5
26:5
rata
36:14
question
22:3
40:4,20
refer
34:19
10:5,6
34:19
44:2,7,17
3:12 4:4
44:10
11:22,23
38:13,22
47:20
16:19
rental
19:3,12
41:2
59:15
45:2
9:3 18:21
23:24
42:16
referring
19:2
25:12
54:14
records
13:16
20:3,8
46:23
8:11,12
23:9
24:7
47:24
rate
11:6
38:23
48:3 54:4
40:18
13:19
reflective
48:18
43:18
16:17,21
28:16
questions
55:25
19:21
58:18
6:16 42:6
56:4,21
22:15,18,
reflects
rents
47:23
reaching
21,23
29:5
9:3 20:17
quick
32:11
25:21
regard
repealed
40:10
47:14
26:16,17,
20:24
14:5
20 28:24
23:24
quickly
read
29:6,12,
44:23
represent
47:22
7:22 9:21
16,21,22,
regarded
9:13
quote
58:13
24.25
24:8
represents
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
Index: reproduction -sexy
27:24
research
5:10
43:21
secretarial
reproductio
3:23
10:25
45:25
20:12
n
reserve
restricted
roughly
section
35:2,4
25:8
35:20
10:19
32:16
request
resident
restriction
run
self -
11:6
7:11
35:18
6:18 9:9
service
20:25
residents
restrictive
18:19
25:22
26:25
28:13
35:23
34:16,25
send
28:24
37:13
43:7
3:25 26:8
29:15,25
restrooms
44:17
37:19
resource
5:16
running
sense
43:10
14:16
result
14:3
30:2 31:1
47:1348:9
requested
resources
7:14
33:21
49:5
32:3
32:4
29:23
35:24
57:24
38:11
42:3
57:14
requesting
51:25
respect
resulted
separate
9:7,11
24:9
28:18
S
requeator
26.19
September
49:18
resulting
reapect£ull
41:6
salaries
28:24
requeators
29:7
52:3,6
y
results
14:22
28:10
37:17
18:3
series
requests
32:9,22
20:12,13
8:12
8:12 17:9
34:1
retrieval
19:21
38:24
34:12
save
served
22:15,21,
41:9,18
39:7
8:1
37:20
24 25:21
respond
retrieving
saving
service
26:17,18
4:16 9:18
36:3
10:22
11:4,10,
29:6,10,
16 14:23
12,16,21,
11:6
review
scan
31:8,21
23 38:10
17:18
3:15 4:13
25'23
32:7 40:7
41:22
25:10
60:8
scenario
44:5,15
58:11
42:13,23
59:1
ribbons
45:17,24
services
45:9
26:15
schedule
18:2
46:3,6
response
8:17,21,
47:25
3:22 4:17
Rita
set
48:4,12
8:14 9:15
15:19
24
18:17
49:14,23
37:19
17:15
Schlesinger
21:1
50:22
48:6
18:7
20:10
sate
57:3
responses
Roeder
Scipio
16:23
required
22:22
7:17
50:9,11
settled
11:5
responsive
room
search
5:9
40:16
8:15
5:15
34:12
requires
rest
34:18,21
39.6
sexy
50:14
32:3
38:22
59:16
ESQUIRE 800.211.DEPO (33 76)
EsquireSolutions. com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
share
47:6
specific
34:19
sits
59:14
38:13,22
31:10
55:16,23
59:14
45:25
specificall
41:2
34:24
26:1
42:16
sixteen
y
shortly
20:2
13:14
51:25
52:3
sheet
19:8
30:13
size
36:23
41:12
31:10
55:16,23
59:14
skip
spent
shifted
34:24
26:1
35:15
small
square
shortly
20:2
34:21
51:25
50:2,16
staff
show
Smith
23:4
6:18
40:15
stand
25:22
SoA d
6:12
shut
41:9
34:15
17:6
solely
37:5
side
22:14
38:18
48:25
29:5
solid
53:8
sides'
36:24
standard
9.22
sort
23:3
significant
22:2,10
49:4,5,7
23:2
29:18
41:14
30:11
standing
43:15
33:1
53:3
47:13
stands
similar
52:16
18:13
13:5
51:10,17
source
start
56'2
7:20 13:2
simply
23:9
Southern
30:20
19:24
started
single
15:12
Southwest
49:12
44:22
50:9,12
58:10,21
52:11
starting
space
single-
34:20,22
28:9
31:15
special
starts
singular
11:4,10,
14:15
4:4
16 31:7,
state
21 32:7
5:22 13:2
sit
30:9 42:1
ESQUIRE
February 03, 2015
Index: share -Stream
43:11
stated
21:3
22:20
statement
5:7
statements
6:8
states
11:1
17:25
18:17
51:22
54:7
statute
10:17,24
11:3,18
12:3
13:12,14,
16,19,20
14:4,5
19:9
23:19
24:17,22
27:19,25
30:21
31:5 32:1
33:24
35:13
40:3 41:5
44:7,11
46:22
50:17
51:11
52:23
53:5,17,
21 54:6
58:22
statutes
28:7
statutory
10:23
31:23
33:6
35:20,23
41:10
42:5
stipulated
17:3
stipulation
8:9
11:15
12:11
49:22
stop
18:5
story
25:20
56:25
straight
21:3
Stream
3:3,22
6:5 7:11,
13 8:14,
21 9:3,8,
19 10:14
11:10,16
12:6,9,
13,18,20
13:13,23,
25 14:11,
15,17
15:7,15
16:6,22
17:5 19:4
21:15,18,
20 24:15
26:8,14
28:1,13,
22 32:12
43:6 49:6
51:17
52:18
53:18
54:3,13
55:19,22,
24 56:7
800.211.DEPO (3376)
EsquireSolutions. com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
February 03, 2015
Index: Stream's -thing
Stream's
subsequent
12:18
talked
technology
9:14,15
14:6
13:4 39:6
32:4
support-
11:17
subsumed
staff
40:15
telephone
13:1,8,15
24:24
14:22
talking
20:18
16:11,25
18:16
sue
supposed
8:11
21:7,19
22:13
22:4
19:1,9
50:11
5:8
31:14
58:2,3
49:1 51:8
suggest
Supreme
33:8
52:15
36:19
41:4,8
39:11
telling
street
37:8
Surety
43:19
16:11
57:16
suggested
19:23
50:2
tells
Strothers
57:7
52:14
24:21
sustained
13:3
suggestion
41:19
talks
ten
Stubbs
47:18
31:2 32:2
4:5 17:20
sworn
34:13
58:17
6:4
summary
56:15
35:2,9,17
stuck
6:21
39:3
term
13:5,11
45:9
supervisory
T
44:18
14:7
stuff
32:5
47:5,6
36:23
12:24
supplies
tab
tape
termed
subject
11:25
17:24
51:12,13
14:23
4:4 41:24
23:22
16:7
tapes
42:1
24:9
19:13,22
51:20,25
terms
43:11
33:13
20:5,9,
12:1,2,3
46:8
35:5
15,19
tasks
16:17
36:5,10,
30:23
36:3
47:8
submit
52:24
28:11
22,24
tackle
taxes
54:1
30:2,16
37:11
23:11
18:4
44:1
20;17
testified
31:24
53:17
tackled
28:14,21,
32:22
54:8,9
17:21
Taylor
23 29:13
33:18
18:8
34:23
55:21,24
takes
22;19
testify
37:16
56:2
33:20
28:14,21
8:8
40:1
supply
57:10
29:12
testimony
41:18
23:23
taking
36:8 48:2
6:11
42:4
24:17
51:15
53:11
22:12
43:4,10,
25:25
54:17
24:10
25
27;22
talk
57:4,5
37:9 49:9
3:10 33:9
48:8
submits
53:21
34:2,12
Taylor's
56:15
41:9
54:21
36:5 37:2
15:19
thing
submitted
55:22
38:24
17:15
4:6 8:20
8:8 20:24
56:20,22
40:10
33:18
11:20
33:23,25
41:3
57.7
12:20
support
44:12
13:23
ESQUIRE 800.211.DEPO (3376)
11 111 1 EsquireSolutions.com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
21:14
22:4 33:1
39:18
46:11
53:16
things
25:21
27:9
55:11
thinking
31:1
thought
53:6
thousand
43:7 46:2
47:16
three-year
21:3
tie
44:14
time
3:14
5:10,13
8:1 11:5
25:11
28:23
2 9: 14
35:14
37:13
40:19
41:17
48:16
50:7 59:6
tiny
28:13
43:6
49:15
today
3:2 4:25
7:24 8:6,
18,20 9:2
11:13,14
18:11
49:20,23
56:11
told
51:5
tomorrow
17:6,10
toner
13:6
18:20
33:21
36:24,25
41:16
46:13
toner's
46:15
tools
20:2
town
3:3,22
6:5 7:12
8:13,14
9:3,13
11:9,15,
17 12:17
14:13
15:7,19
16:24
17:5,7,16
22:19
23:5,14
24:4,10,
14 25:3,9
26:7,24
27:8,13
28:13,14,
15,22
29:13,23
30:7,17
31:11
32:1,12
36:6,13
37:21
38:8
40:3,12
41:9,18,
20,23
42:14,17
43:5,6
46:7,25
49:6,15
50:12,21,
22,25
53:12
54:2,13
55:5,19
Town Ia
18:17,18
22:16
23:6
24:23
42:9
transform
22:1
translates
24:16
transpire
21:17
travel
20:18
tremendous
27:20
trial
4:23 5:8
7:1,21
9:18,19
10:14
12:5,19,
21 13:13
14:20
15:16
16:11
17:1
18:16
21:15
25:4
29:19
49:20
51:3,8
Trust
20:5
trustee
20:24
turn
19:13
3 0: 14
33:14
turned
35:16
type
12:24
52:12
types
12:24
29:21
39:7
4 5: 22
47:14
50:4
typewriter
20:13
typically
18:2
U
underlines
16:22
understand
9:21 27:2
53:14
55:3
understandi
ng
9:20
31:4,5
33:18,19
60:7
understood
4:14 32:1
February 03, 2015
Index: things -vast
undertaken
19:19
undisputed
36:9
unimportant
15:4
United
17:25
Unlike
19:16
unreasonabl
e
41:6 42:3
46:18
unused
45:25
unusually -
sized
32:24
unwieldy
40:21
upper
18:3
Urban
34:1 35:1
usage
42:9
utilities
14:21
18:4
34:17
utility
34:9
3 8:2 0
V
vast
22:20
O ES QUIRE 800.211.DEPO (3376)
EsquireSolutions. com
HEARING
OBOYLE vs. TOWN OF GULF STREAM
versus
white
10:22
37:4,23
X
54:5
38:2
Vrenda
William
Xerox
5:25
50:11
9:3,8
windfall
12:10
15:11
W
52:4
17:8,11
witnesses
20:13
wage
7:8 8:7
24:7,12
28:17
wonderful
25:18
wages
6:17
26:4,9
20:8
59:12
36:18,22
37:13
waging
word
43:1,19,
49:14
12:7
22,24
waiting
wording's
46:12
60:4
35:10
48:18
55:17
waiver
words
56:16
15:13
12:2 19:5
58:19
walk
48:23
52:18
5:17
Y
work
Wallace
15:18
20:10
23:4
year
wanted
39:20
12:15
5:19 6:18
40:6
26:18
51:14
44:15
28:25
36:14
war
working
40:25
28:16
28:15
41:2 49:2
49:14
works
50:25
website
12:25
47:12
years
world
15:12
week
16:4
50:7 52:7
4:17 5:9
writing
yellow
29:14
18:10
30:23
59:5
written
yesterday
weekend
24:3
4:2 47:11
3:23
West
wrong
York
9:15
19:25
27:13
24:20
46:25
ESQUIRE
Z
zoning
32:25
February 03, 2015
Index: versus..zoning
800.211.DEPO (3376)
EsquireSolutions. com