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HomeMy Public PortalAboutCG Acquisition Hearing (7123) 06/16/15PROCEEDINGS June 16, 2015 CG ACQUISITION vs. TOWN OF GULFSTREAM 1 PROCEEDINGS June 16, 2015 CG ACQUISITION vs. TOWN OF GULFSTREAM 2 1 APPEARANCES OF COUNSEL 2 3 On behalf of the Plaintiff: 4 JONATHAN O'BOYLE, P.C. BY: NICKALAUS TAYLOR, ESQ. 5 and GIOVANI MESA, ESQ. 1286 N. Newport Center Drive 6 Deerfield Beach, FL 33442 954-834-2209 7 ntaylor@oboylelawfirm.com 8 On behalf of the Defendant: 9 JONES, FOSTER, JOHNSTON & STUBBS, P.A. 10 BY: JOANNE O'CONNOR, ATTORNEY-AT-LAW 505 S. Flagler Drive 11 Suite 1100 West Palm Beach, FL 33401 12 561-659-3000 joconnor@jonesfoster.com 13 14 15 16 17 16 19 20 21 22 23 24 25 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 3 1 Proceedings in the Matter of CG ACQUISITION COMPANY, 2 INC. vs. THE TOWN OF GULFSTREAM. 3 June 16, 2015 N 5 THE COURT: We are here on CG Acquisition 6 Company vs. The Town of Gulfstream, Plaintiff's 7 Motion for Protective Order. I received the 8 Plaintiff's motion and attached documents, I 9 received the Defendant's response with attached 10 case law. 11 I'll start with appearances of counsel, 12 please, first for the Plaintiff. 13 MR. TAYLOR: Yes, Your Honor. Nick Taylor 14 appearing for CG Acquisition. 15 THE COURT: Thank you. 16 MS. O'CONNOR: Joanne O'Connor for The 17 Town of Gulfstream. 18 THE COURT: Thank you. 19 Mr. Taylor, I have read your motion and 20 your attachments and your supporting authority 21 that I think came separately. What else do you 22 want to tell me about your motion? 23 MR. TAYLOR: Yes, Your Honor. What we 24 have here is essentially a simple public records 25 request case. We have filed a motion for ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 4 1 protective order because the Defendant seeks to 2 depose the corporate representative of CG 3 Acquisition. The reason we filed this motion 4 for protective order is really simple, it's a 5 simple public records case. 6 Prior, Your Honor, I was here on a motion 7 for protective order I believe back in 8 September; similar cases, similar circumstances 9 for the same protective order. You did actually 10 deny that protective order and opposing counsel 11 is likely going to try to draw comparison with 12 the protective order that my client filed today. 13 The situations could not be anymore 14 different, and they're different because of 15 this: The deposition that was taken as a result 16 of that order happened September 15, 2014, that 17 deposition lasted eight hours, eight whole hours 18 of the deposition of Martin O'Boyle. Out of 19 that eight hours there was no more than 15 20 minutes of that deposition that actually 21 pertained to the facts of the public records 22 23 24 25 request, the rest of it was simply a fishing expedition looking for anything possible to prolong the deposition and, quite frankly, harass my client. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 5 1 In this case we have a different scenario. 2 In this case it is a corporate representative 3 and they're seeking to depose the actual 4 corporate representative of the client. Case 5 law is clear -- 6 THE COURT: Who is the corporate 7 representative? 8 MR. TAYLOR: One has not been designated 9 as of yet and likely will be, and which I don't 10 want to make an absolute assertion, but likely 11 William Ring, who I believe is vice-president of 12 the company, if I'm not mistaken. 13 THE COURT: Even now I think in your 14 responses they would be entitled to inquire into 15 two of the main areas listed. 16 MR. TAYLOR: Absolutely. 17 THE COURT: Is there any reason you 18 haven't designated the corporate representative 19 for those areas? 20 MR. TAYLOR: Well, the reason, Your Honor, 21 quite frankly, is just we were actually looking 22 for a blanket protective order based on case law 23 that limits, extremely limits actually, the 24 scope of depositions or the depositions at all. 25 They're extremely -- ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 6 THE COURT: Even now that have entitlement to deposition in those two areas? MR. TAYLOR: Yes, Your Honor. THE COURT: You haven't designated a corporate representative. MR. TAYLOR: Not as of yet. THE COURT: Okay. MR. TAYLOR: And I was going to say, Your Honor, if failing a complete blanket protective order banning all depositions and all discovery, we would at the very least request discovery limited to an hour -and -a -half and be limited only to the facts that are pertaining to the public records request in that any depositions and any discovery not get into the actual motive of the requestor. As 20 years of case law, and specifically the Gadd case, which I can provide you a copy of if you so want to, it provides that any depositions that pertains to the motivation of the requestor is irrelevant. In that specific case the actual subpoena or the notice of deposition was quashed. Would you like a copy of that case, Your Honor. THE COURT: I don't need it right now. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 7 1 Thank you. 2 If I understand the issues in this case, 3 however, one of the issues in this is whether or 4 not all documents were produced as to one 5 request, because my understanding is that the 6 Town said they didn't have certain documents and 7 you basically say you don't believe them; and, 8 as far as the other, it was was their response 9 timely; in other words, was the timing of the 10 response reasonable or was it delayed 11 unreasonably? Doesn't that open up the 12 discovery to a bit broader area so that the 13 Court could use to determine those issues? 14 MR. TAYLOR: Your Honor, looking at the 15 Complaint, I believe the issues of the Complaint 16 is -- You're correct, the second count of the 17 Complaint actually states that they replied that 18 there were no records available. My client 19 disagrees with that and believes he has proof 20 that that's not the case. 21 THE COURT: If they have proof, wouldn't 22 the Defendant be entitled to see what that proof 23 is before trial, before a hearing on that? 24 MR. TAYLOR: Yes, Your Honor, and -- 25 THE COURT: That's one of the areas they ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 8 1 think should remain open. 2 MR. TAYLOR: Absolutely, Your Honor, and 3 the first -- 4 THE COURT: What about they've suggested 5 in their response that there were hundreds of 6 public records requests made within a very short 7 period of time by what's in effect is the same 8 entity or similar entities or similar 9 identities, both individual and corporate, and 10 that affects what would be reasonable in terms 11 of the timing of their response? 12 MR. TAYLOR: Yes, and -- 13 THE COURT: Wouldn't they be entitled to 14 some discovery on that as well? 15 MR. TAYLOR: Well, not in this case, Your 16 Honor, because if you look at the first count 17 that we amended, the first count the Defendant 18 essentially says they didn't produce the 19 documentation because the $1.54 copying fee was 20 not paid. 21 There's really no allegation that The Town 22 of Gulfstream didn't respond in time or that 23 they didn't do something correctly. The 24 allegation here is that they didn't produce the 25 records because the $1.54 was not paid. ESQUIRE 800.211.DEPO (3376) EsquireSol utions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 9 1 THE COURT: So I think Ms. O'Connor in her 2 pleadings suggested if you're willing to 3 stipulate that you're waiving any argument that 4 the response was untimely, that maybe some of 5 this discovery wouldn't be necessary; are you 6 telling me you're agreeing to her stipulation? 7 MR. TAYLOR: As to the $1.54 or -- 8 THE COURT: As to the claim that their 9 response was untimely. 10 MR. TAYLOR: Yes, absolutely, Your Honor, 11 there's been -- The timeliness is not the issue. 12 The issue here is -- Well, I guess timeliness is 13 the issue if it's true that they have not 14 produced the documents at all because, I mean, 15 if they haven't produced it to now obviously 16 it's not in a timely manner, but their response 17 in saying that there were no documents available 18 or no documents existed, there's been no 19 allegation that that response from Gulf Stream 20 to the Plaintiff was not timely, so -- 21 THE COURT: Well, there are two issues, as 22 I understand it; one is they say they don't have 23 any so they can't produce any, you challenge 24 that and said you don't believe them; the other 25 is the timeliness of the response. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 10 1 I asked you if you received discovery of 2 information relating to other pending claims at 3 the time or within a short time frame within the 4 time of this claim as well as a number of public 5 records requests made; wouldn't all that be 6 discoverable in terms of their raising their 7 defense and your ability to challenge that 8 defense. 9 MR. TAYLOR: But the defense that they 10 would be raising would not be valid in this case 11 because, again, my client is not questioning the 12 timeliness of the response. We're saying that, 13 "You have documentation and you haven't provided 14 it," so whether they received -- 15 THE COURT: You're talking about No. 2 and 16 I'm talking about No. 1. 17 MR. TAYLOR: Okay. 18 MS. O'CONNOR: There's two counts. 19 MR. TAYLOR: Yes, I'm aware of that. No. 20 1, the first count is essentially saying that 21 they -- 22 THE COURT: They didn't respond timely. 23 They say, "Oh, we responded. We told them we 24 got it and we sent them a bill, an estimate of 25 the cost, and they never responded," I don't ESQUIRE 800,211.DEPO (3376) EsquireSolutions. com 2 3 4 5 6 7 8 M 13 17 18 19 20 21 22 23 24 25 PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 11 know whether you challenge that or not. If you say, "We never received that," in effect it seems to me you're saying, "They were untimely in the response and on that basis that is just like not giving us anything and so we should get our fees." MR. TAYLOR: Well, as it pertains to the first count? THE COURT: Yes. MS. O'CONNOR: If I may, Judge. THE COURT: Yes. MS. O'CONNOR: I think the confusion Mr. Taylor may have is that if you're looking at your Amended Complaint, when they originally filed the Complaint the Town's response had not come out yet because they filed the Complaint we submit prematurely, I mean, immediately. Then they amended the Complaint after we had actually responded and still pled it as an unlawful refusal to provide any documents on Count I when, in fact, we had responded, given them an estimate, said, "We have 300 pages of documents," this was back in June 2014. THE COURT: Am I correct that your response came about four weeks after the ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 12 1 request? 2 MS. O'CONNOR: Correct. 3 THE COURT: So I'm assuming that there's 4 an issue whether the response four weeks later 5 is or is not timely, reasonable under the 6 statute. 7 MS. O'CONNOR: We submit so. 8 THE COURT: I assume you believe it is and 9 I'm assuming it was just a factual dispute 10 whether they sent you this estimate or didn't 11 send you this estimate, and you're not saying, 12 "Well, the estimate was too late even if they 13 did send it," then maybe a lot of this stuff 14 isn't an issue because it's just a question of 15 fact did they send you the estimate or did they 16 not? 17 If you're saying, "Well, they waited four 18 weeks and there's no reasonable basis under the 19 statute to wait four weeks," then that seems to 20 me the Court needs to consider what else was 21 going on at the time. 22 MR. TAYLOR: Your Honor, I think the issue 23 now in the Amended Complaint is actually the 24 $1.54, because we're stipulating that, you know, 25 they did actually let - we're stipulating that D ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 2 3 4 5 6 7 8 7 13 17 18 19 20 21 22 23 24 25 PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 13 there was no issue regarding the timeliness with this Amended Complaint. What we're saying is with the $1.54 that I guess Defendant is saying that they actually produced the documentation and they produced the letter stating that there was a $1.54 copying charge, we do not have that, that was not in the Amended Complaint. To be honest, I don't know if it was sent. Again, I, as counsel, have not seen it. Now, if they did produce the documentation and the amount has not been paid, that would be something completely different. I think that we would be able to take care of the first count as it is. If the actual $1.54 charge was not sent, that will be an issue of fact, but at the same time it would not have anything to do with whether there was a timely response or not, it would just be a question of fact as to whether the notice of the $1.54 charge was sent or it wasn't. THE COURT: All right. I don't know where it was that I saw it in your response, somewhere you very cleverly stated the stipulations you ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 14 1 thought would eliminate some of the discovery 2 request that you're making; can you pull that up 3 and read it into the record? 4 MS. O'CONNOR: Yes, Your Honor. Your 5 Honor, I don't see it here, but as to Count I we 6 would expect in order to avoid any discovery on 7 Count I, we would need a stipulation that the 8 Town's June 25, 2014 response to the first 9 public records request was timely provided. 10 In that request we provided an estimate, 11 advised Plaintiff - I don't know how much it was 12 for, I don't have our answer in front of me, but 13 we advised that we possessed 330 pages of 14 responsive records, so we need them to stipulate 15 that the Town did, in fact, respond to the first 16 request and did so timely. 17 As to Count II, in order to avoid -- 18 THE COURT: Well, before you go to Count 19 II -- 20 MS. O'CONNOR: Sure. 21 THE COURT: -- can you tell me what page 22 you're reading from? 23 MS. O'CONNOR: Sure, page 4, paragraph 9, 24 and I do have the correspondence attached as 25 Exhibit B to my opposition. ESQUIRE 800.211.DEPO (3376) . 1 0 �, , EsquireSolutions.com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 15 1 THE COURT: Well, I can understand Mr. 2 Taylor doesn't want to stipulate that you sent 3 this and they received this notice of the cost, 4 but it seems to me the stipulation would really 5 have to say not that they are conceding they 6 received it, but they are conceding that aside 7 from that issue of whether it was sent or 6 received, they're waiving any other argument 9 that the response was unreasonable in its 10 timing; isn't that what you would have to have 11 to get you out of this discovery so you know 12 these other issues aren't really on the table 13 anymore? 14 MR. O'CONNOR: Correct. 15 THE COURT: So if we're clear on Count I, 16 if what you're telling me is that the only issue 17 as to the reasonableness of their response is 18 whether they did or did not send this cost 19 estimate to you on the date they allege they did 20 it, then all this other stuff about the number 21 of cases pending, the number of claims pending 22 and all that may not have any relevance for 23 purposes of discovery. 24 MR. TAYLOR: That is correct, Your Honor, 25 if they did send that estimate. The only thing ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 16 1 would be if they sent the estimate and the $1.54 2 was paid and then that was some months ago and 3 here it is June 16th -- 4 THE COURT: Understood. 5 MR. TAYLOR: But to answer your question, 6 yes, Your Honor, if it was sent from The Town 7 and my client received it in a timely manner, 8 yeah, absolutely. 9 MS. O'CONNOR: Well, I think that 10 presupposes -- If he says his client received it 11 in a timely manner, that presupposes - I mean, 12 that creates a fact issue as to whether it was 13 timely. 14 MR. TAYLOR: Well, I'm -- 15 THE COURT: Well, I'm not saying this 16 precludes all discovery. I'm still not clear on 17 what you're telling me, Mr. Taylor. Are you 18 agreeing the issue on the first request for the 19 public records that -- 20 MS. O'CONNOR: And here's the response, by 21 the way. I don't know where the $1.54 comes 22 from or it's an estimate. 23 THE COURT: -- that you're willing to 24 agree that the only claim you're pursuing 25 against The Town for noncompliance is based upon ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 17 1 the factual dispute as to whether The Town did 2 or did not produce to you timely this -- Let me 3 see if I can -- 4 MR. TAYLOR: Your Honor, I believe when I 5 said, 11$1.54," I believe that might be the page 6 amount because this I'm showing that the billing 7 is for two hours of administrative support for 8 $39.23. Again, I've never seen this until just 9 now. 10 THE COURT: I'm looking at paragraph 9 of 11 The Town's response, it says: On June 25, 2014 12 in response to the first request, The Town 13 advised Plaintiff that it was prepared to 14 produce responsive records to Plaintiff upon 15 payment by a deposit permitted under the Public 16 Records Act for the significant time and 17 expenses associated with gathering those 18 documents and the actual cost of duplication. 19 Now, am I correct that you've challenge 20 that, that allegation, that they gave you that 21 response on June 25th? 22 MR. TAYLOR: Your Honor, I do not know if 23 that -- 24 THE COURT: You don't know whether you're 25 challenging that? ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 18 1 MR. TAYLOR: No, I don't know if the 2 response was received on the 25th as of right 3 now. 4 THE COURT: It says The Town advised you 5 on June 25th. Is that fact in dispute as to the 6 accuracy of that allegation, that they provided 7 you with a cost estimate on June 25th? 8 MR. TAYLOR: Yes, that is in dispute as of 9 right now. 10 THE COURT: Knowing that that is in 11 dispute, whether it was produced, whether it 12 gave you the cost estimate, whether you received 13 it on or about that time, do you have any other 14 claims for noncompliance with the statute as to 15 Count I other than that specific issue? 16 In other words, Ms. O'Connor has raised on 17 behalf of The Town that the Court has to 18 consider all of the circumstances in determining 19 whether their response was reasonable and 20 timely, and so for that reason they want me to 21 open discovery regarding the other claims that 22 were pending; how many had been made in the past 23 few months; how many had been made that week, 24 that day, that sort of thing. 25 Are you telling me that you are not going ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 19 1 to make an argument or that you're specifically 2 waiving any argument that based upon the 3 totality of the circumstances, their response 4 was deficient because of the timeliness or lack 5 1 of timeliness of it? 6 MR. TAYLOR: Yes, Your Honor, the argument 7 is not - we're not seeking to argue that their 8 response was not timely, that's why we believe 9 that any depositions that are taken or any 10 questions that are asked regarding how many 11 requests they received that week, whether it's 12 400 or 800 would be completely irrelevant. 13 THE COURT: So the basis then for your 14 claim that their response was not in compliance 15 with the statute is what specifically as to 16 Count I or Request I? 17 MR. TAYLOR: I guess, Your Honor, at this 18 point it would just be a simple matter of the 19 fees and whether the fees are actually adequate, 20 whether they're legally charged. 21 Again, I'm showing that there was a $1.54 22 amount and then I'm seeing this paper today 23 that's $39 and I believe 23 cents, so 24 essentially we're not challenging the actual 25 timeliness of the response of the letter that ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 20 was sent from Gulf Stream, that would be the only challenge, but, again, there is no challenge to timeliness in the first count. THE COURT: So you're only challenging as to amount of the cost estimate that they gave to you is being unreasonable. MR. TAYLOR: Yeah. Oh, yeah. THE COURT: And that's the only issue. MR. TAYLOR: That's the only issue. THE COURT: Okay. With that stipulation, Ms. O'Connor, do you agree that limits your need for discovery? MS. O'CONNOR: Yes, Your Honor, to some extent. We also have Count III for injunctive relief in this case, and there's an allegation there that claims that The Town's actions with respect to providing records to the public demonstrates a pattern of noncompliance with the Public Records Act and a likelihood of future harm in the form of denial of access to public records to this Plaintiff and the public at large. I can tell you my concern. My concern is I'm trying to move these cases towards dispositive motion practice. I don't want to eC)ESQUIR,E 800.211.DEPO (3376) EsquireSolutions. com PROCEEDINGS June 16, 2015 CG ACQUISITION vs. TOWN OF GULFSTREAM 21 1 come in with an affidavit from The Town 2 outlining what was going on at The Town at the 3 time we received these public records requests; 4 i.e., we received 400 this month, we received 5 100 the week before, and have them try to refute 6 that evidence just prior to a summary judgment 7 hearing. 8 So, you know, I think I'm entitled to know 9 on what actions are they complaining about in 10 Count III. I don't want to go into -- And I can 11 represent to the Court that, and I think I've 12 told Mr. Taylor, I mean, the depositions -- And 13 I've tried to tee up depositions in a number of 14 cases and they've been met with motions for 15 protective order in every single one in which 16 we've tried to tee up a motion and trying to tee 17 up depositions. 18 I specifically picked the corporate 19 representative of the Plaintiff thinking that 20 would be the most fair. I'm not telling them I 21 need Mr. O'Boyle or Mr. Ring. I just want them 22 to come in with the corporate representative of 23 this Plaintiff with knowledge about the 24 allegations that have been made in this 25 Complaint. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 22 1 MR. TAYLOR: Well, Your Honor, that's 2 perfectly understandable, but based on past 3 practices not necessarily by Ms. O'Connor, but 4 The Town, other counsel with Gulf Stream, it's 5 clear that a lot of these depositions have 6 turned into fishing expeditions, marathons that 7 have either been meant to just drag out, have 8 nothing, nothing whatsoever to do with the facts 9 of the case, and just meant to drag out, they're 10 meant to harass. 11 Like I said earlier, the last deposition 12 that was on September 15th, seven to eight 13 hours, 15 minutes actually on the facts, and 14 it's not over, it never actually concluded. 15 That's what we're looking -- 16 THE COURT: Let's right now try to limit 17 it to this particular case because you attached 18 transcripts from two other cases that I assume 19 are in front of me but aren't in front of me 20 today. 21 So your claim for injunctive relief, I'm a 22 little confused why it's paired in this cause of 23 action or grouped in this cause of action, is 24 probably more appropriate, in light of the fact 25 that you're telling me now the only defect ESQUIRE 800.211.DEPO (33 76) . r I o 11 , EsquireSolutions.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 23 you're claiming against The Town is that they charged too much for copies. Are you limiting your injunctive relief to the same remedy, you want the Court to somehow enter an injunction to say that, "Going henceforward, The Town of Gulfstream can't charge more or can't estimate more than X amount of dollar per page," or something like that; is that the limit of the injunctive relief you're seeking as well? MR. TAYLOR: Well, Your Honor, that isn't the only thing. Again, we're alleging in Count II that they have records that they just flatly haven't produced. What my client is seeking is an injunction based on these two actions that we pled in this case. THE COURT: The Count II, the non -production, if I'm clear, you're not claiming that has anything to do with an unreasonable delay based upon the volume of requests, you're saying they're not being truthful with you, right? MR. TAYLOR: Exactly, because they produced some documentation or actually they responded saying no documentation exists. ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 24 THE COURT: So is your request for injunctive relief today as part of this case that's before the Court today really just based upon two different grounds; one, that they have to be truthful and tell you what documents they actually have that are public records and produce them and; two, that they can't overestimate the cost of the production? MR. TAYLOR: Correct, Your Honor, and the injunctive relief is basically enjoining them from violating Chapter 119 Florida Statutes. THE COURT: Well, that's a different issue because there's a lot of stuff in 119. If you're telling me today you're limiting your injunctive relief to those two things, then again, I think that may put some limits on the discovery which Ms. O'Connor's client is entitled to. MR. TAYLOR: Yes, Your Honor. THE COURT: Now, Ms. O'Connor, we have an additional stipulation, that the issues here relate to the first two counts only to inappropriate cost assessments, they relate to lack of candor in the documents that actually exist, and that the third count for injunctive ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 25 relief will seek relief only based on those two grounds, so with that stipulation, what discovery do you need? MS. O'CONNOR: With that stipulation, Your Honor, I'm just looking and it might be helpful for us to walk through the topics of inquiry, but what we need are - we would need the discovery related to Count II, we would -- THE COURT: Can we do this, and maybe I'm looking at the wrong thing, maybe you need to direct me to the actual duces tecum. MS. O'CONNOR: I have a copy. THE COURT: I was looking at Mr. Taylor's Notice of Filing Case Law, and on page 2 he tells me they agree you should get topics 3 and 4, and then on the next two pages they list 1 through 15; are those all of the topics that we need to address? MS. O'CONNOR: I think he maybe got 3 and 4 from the - there's a document request as well, that's the 30(b)(6) notice. THE COURT: So you're asking me to look at Exhibit B -- MS. O'CONNOR: Correct. THE COURT: -- which has 15 different O ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 26 1 numbered paragraphs, and this is attached to the 2 Subpoena Duces Tecum Notice to CG Acquisition 3 with the case number that is hopefully, yes, 4 before the court today. 5 All right. So do items -- 6 MS. O'CONNOR: I mean, it might -- 7 THE COURT: Do Mr. Taylor's indication 8 that topics 3 and 4 -- 9 MS. O'CONNOR: -- it might help -- 10 THE COURT: -- relate to 3 and 4 on 11 Exhibit B? 12 MS. O'CONNOR: I think he meant the list 13 on Exhibit A. 14 THE COURT: All right. Let's take Exhibit 15 B. 16 MS. O'CONNOR: Sure. 17 THE COURT: Does everybody have Exhibit B? 18 MS. O'CONNOR: Yes. 19 MR. TAYLOR: Yes. 20 THE COURT: All right. Let's go through 21 it, start with No. 1. Tell me what think you 22 need and why, Ms. O'Connor, what you think 23 you're entitled to and why. 24 MS. O'CONNOR: Well, this goes to - I 25 1 mean, if we'll have the stipulation on Counts I ESQUIRE 800.211.DEPO (3376) Esquire Solutions. co m PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 27 1 and III, then as to Count II, the Complaint is 2 replete with allegations that Plaintiff believes 3 there are additional documents. 4 So I don't know who they're going to 5 produce as the corporate representative, so I 6 think as a background matter I need to know who 7 are the related individuals, who are the 8 officers, directors, and employees that might 9 have information that they're going to come into 10 court at a hearing or in response to a summary 11 judgment and say, "Well, that wasn't our 12 30(b)(6) representative," but maybe they put up 13 Mr. Ring who's the vice-president as their 14 corporate representative, but then Marty O'Boyle 15 submits an affidavit saying, "I think there were 16 response to records and here's why," so I think 17 item one is clear background information. 18 Item two -- 19 THE COURT: Have you asked for the 20 corporate representative pursuant to Carriage 21 Hills and the 1.130(b)(6). 22 MS. O'CONNOR: Correct, Your Honor. 23 THE COURT: So they're locked in on that. 24 If they produce Mr. Ring and Mr. Ring becomes 25 the spokesman for the corporation for those ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 28 1 particular issues, so it wouldn't do Mr. O'Boyle 2 any good to come in and say, "Wait a minute, I'm 3 supposed to be it," because they've already 4 designated Mr. Ring. 5 MS. O'CONNOR: Hopefully so. 6 THE COURT: All right. Let's for now 7 eliminate 1. No. 2? 8 MS. O'CONNOR: I don't need No. 2, at 9 least at this point, depending on our 10 stipulation of Counts I and II. 11 THE COURT: No. 3? 12 MS. O'CONNOR: No. 3 is the foundation for 13 most of the other topics. 14 THE COURT: Okay. No. 4? 15 MS. O'CONNOR: I don't need 4 and 5 if 16 they're not challenging the timeliness of our 17 response. 18 THE COURT: Okay. No. 6, the purpose. 19 MS. O'CONNOR: Sure. 20 THE COURT: Most cases say the purpose 21 isn't really relevant. 22 MS. O'CONNOR: Well, if you look at Count 23 II they assert - and Count II goes to public 24 records request 549. 25 All four of these requests were made on ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 29 the same day, May 13, 2014, and they all sought to, according to Plaintiff's allegation, to trace the source of funds that The Town received pursuant to this certain resolution. So when I said the purpose for the public records request, it's going to - I intended it to go to why did they believe there were documents? What were they looking for? They put at issue in the allegations of the Complaint why they were looking for it, what -- THE COURT: So these are the ones, 548 through 551, that you've said you don't have any and they said, "We don't believe you." MS. O'CONNOR: 549 is the one that we said we have nothing. THE COURT: Okay, 549. MR. TAYLOR: So, Your Honor -- THE COURT: So I don't know that entitles you to get to the purpose, but I think you're entitled to inquire why they believe you do have documents related to 549 and you say you don't; agreed, Mr. Taylor? MR. TAYLOR: Absolutely, Your Honor. THE COURT: So not the purpose, but basis C-) ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 30 1 for belief that Defendant has responsive 2 documents, and that's 549 only. 3 Okay. Go on to No. 7. 4 MS. O'CONNOR: No. 7, again, this is Count 5 II, would go to attempts they've made to gather 6 documents that were responsive to this public 7 records request, and I can limit it here again 8 to 549, which is the subject of Count II. The 9 idea being if they have documents in their 10 possession in some sort of "gotcha" fashion 11 that, you know, we should know that they think a 12 certain document was responsive but wasn't 13 turned over, that's what we're trying to get to. 14 THE COURT: So No. 7, 549 only; agree, Mr. 15 Taylor? 16 MR. TAYLOR: I don't, Your Honor. 17 THE COURT: Tell me. 18 MR. TAYLOR: It refers to a third party. 19 For case law, it doesn't matter if a third party 20 has documentation. 21 THE COURT: Well, it seems like it would 22 be discoverable there because you're saying, 23 "They told us they don't have it, we think they 24 have it," so if they get to inquire already 25 under No. 6, what's the basis for your belief? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 31 So I'm thinking for under No. 6 they're able to say, for instance, "Did you try to gather these documents somewhere else related to 549; did you get them?" Because that's really part and parcel of - it may be part and parcel of why you think they should be producing documents pursuant to that request. So it's not opening it up for every document request, but if you, through your attempts to gather documents, you found documents responsive to 549 that they haven't produced, I think they should be entitled to that through discovery, so I'm going to give them No. 7 as relates to 549 only. Okay. No. 8? MS. O'CONNOR: No. 8 is related to No. 7. There are certain exhibits in the Amended Complaint, A, B, and C that they've attached when they walked through their allegations that they believe that other documents exist. THE COURT: Well, how does -- I don't have A, B, and C in front of me, do they relate to the request of 549? MS. O'CONNOR: Yes. They're various -- There are certain receipts. ESQUIRE 800.211.DEPO (3376) EsquireSol utions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 32 1 MR. TAYLOR: There's receipts, there's 2 blind items for budgets, things of that nature. 3 I can't possibly see how they would actually -- 4 MS. O'CONNOR: I -- 5 MR. TAYLOR: -- how that would have 6 anything to do with the public records request 7 that's the subject of this proceeding. 8 THE COURT: Why are they attached to the 9 Complaint? 10 MR. TAYLOR: They're attached to the 11 Complaint, Your Honor, basically as proof to 12 show that Gulf Stream makes a pattern of 13 whatever they spend on -- This is really about a 14 specific fund, it's for I believe a construction 15 permit, it costs a certain amount, Gulf Stream 16 charges a certain amount, but it's not meant to 17 raise revenue, it's meant to offset certain 18 costs. My client simply wants to figure out 19 where the money is going. 20 The attachment to the Complaint is 21 essentially attached to show, look, they do keep 22 this documentation, they do code it when it's 23 spent on certain things, so because they do that 24 it's very hard to believe that, especially as it 25 pertains to Count II, that they have no ESQUIRE 800.211.DEPO (3376) 11 1 Esquire Solutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 33 1 documentation showing where they spend the money 2 or transfer it to. 3 THE COURT: So does it support your belief 4 that in response to Count II or to Request II 5 they have documents that they haven't produced? 6 MR. TAYLOR: It certainly suggests that, 7 but at the same time from what I'm gathering 8 from the information request they want to know 9 where the information came from. 10 MS. O'CONNOR: Your Honor -- 11 MR. TAYLOR: What difference does it -- 12 MS. O'CONNOR: -- I'd be willing to revise 13 8 to the effect we seek information on why you 14 believe that Exhibits A, B, and C support the 15 existence of additional responsive documents, 16 something to that effect, if that's acceptable. 17 THE COURT: So A, B, and C. Eight will 18 relate why and how Exhibits A, B, and C support 19 your belief that they haven't produced documents 20 under 549. 21 No. 9? 22 MS. O'CONNOR: No. 9 goes to Count I, and 23 the reason for No. 9 is even after amending the 24 Complaint they continued to allege that this was 25 an unlawful withholding count, just trying to ESQUIRE 800.211.DEPO (3376) N l EsquireSolutions.com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 34 1 think whether our stipulations -- 2 THE COURT: Is it your position you got 3 the request but didn't pay it because it was 4 unreasonable or is it your position that you 5 didn't get the request for payment or is it your 6 position that either/or? 7 MR. TAYLOR: Really either/or, Your Honor. 8 THE COURT: Okay. So if part of your 9 claim is that you didn't think you should have 10 to pay this, they may certainly maybe entitled 11 to ask why you didn't think you should pay it. 12 MR. TAYLOR: Understood. 13 THE COURT: So that will be allowed. 14 No. 10? 15 MS. O'CONNOR: No. 10 is just generally -- 16 MR. TAYLOR: Ten I don't -- 17 MS. O'CONNOR: Ten, you're okay? 18 MR. TAYLOR: I don't have a problem with 0MiUl 20 THE COURT: Ten is okay. 21 MR. TAYLOR: Yes. 22 THE COURT: Eleven? 23 MS. O'CONNOR: Eleven again goes to the 24 idea that there are additional documents, what 25 did they understand the terms of the process by ESQUIRE 800.211.DEPO (3376) o 11 � EsquireSolutions.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 35 which we collect these fees? THE COURT: Sounds to me more like it goes to -- Well, this 549, are those the zoning review fees? MS. O'CONNOR: Correct. The request was for any documents that show how we used those monies that came in. Our position, these are commingled funds, they're not tracked as they go out, they come in in a particular line item, but they're not going out as any given line item, so. MR. TAYLOR: Your Honor, if I may, the reason I object to that is because part of the reason for asking for the records was to gain knowledge. Whether the Plaintiff had knowledge of the zoning review fees or not, it has nothing to do with whether Gulf Stream should have to produce the documentation under Chapter 119 or not. THE COURT: I think the relation of paragraph 11 to the non -production of documents claim would be covered by the other requests that I've already allowed you to go into, so I will disallow No. ii. No. 12, again, that's the Plaintiff's ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com 1 2 3 4 5 6 7 8 9 13 14 15 16 17 18 19 20 21 22 23 24 25 PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 36 knowledge question, as is No. 13, and I'm not sure, Ms. O'Connor, how that would need to be discoverable at this point based upon the stipulation by Mr. Taylor. MS. O'CONNOR: I think 10 is probably an umbrella to cover that. THE COURT: So we'll leave 12 and 13 out as encompassed as relates to 549. Fourteen, litigation history including public record requests, that wouldn't seem to have relevance based in this case anyway based upon the stipulation. MS. O'CONNOR: Agreed. THE COURT: And 15. MS. O'CONNOR: Fifteen -- THE COURT: You have a claim for attorney's fees. MS. O'CONNOR: Correct. THE COURT: So I'm not sure what relationship between Plaintiff and its counsel including, but not limited to, retention of counsel would have to do, but it seems to me you would be entitled to a retainer fee agreement that would specify the hourly rate and that sort of thing. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 37 1 MR. TAYLOR: My only comment to that, Your 2 Honor, would be you would be absolutely right, 3 but our position, our client's position, is that 4 Chapter 119 allows for fees when there's a 5 determination that Chapter 119 has been 6 violated. As that has not happened as of yet, 7 it's our position the issue is moot. Now -- 8 THE COURT: Premature? 9 MR. TAYLOR: Yes. 10 THE COURT: So what you're willing to do 11 is to stipulate if the Court finds in your favor 12 that you will then produce those documents prior 13 to an attorney's fees hearing. 14 MR. TAYLOR: Or Ms. O'Connor's willing to 15 stipulate to judgment today, but I don't think 16 that's going to happen. 17 THE COURT: I don't think you're going to 18 that. 19 All right. So as far as being premature, 20 Ms. O'Connor, if the Court makes the 21 determination of entitlement to fees, you'll get 22 it well in advance of the fee hearing? 23 MS. O'CONNOR: That's fine, Your Honor. 24 We were just trying to move it along. 25 THE COURT: All right. So does that cover ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 38 all of the outstanding requests? MS. O'CONNOR: I believe so. THE COURT: Which of you would like to prepare the order? MS. O'CONNOR: I'll be happy to prepare the order. THE COURT: You'll be happy to prepare the order, okay. MS. O'CONNOR: Sure. Anything else on this? MR. TAYLOR: No. MS. O'CONNOR: While we're here, and I apologize, I didn't raise it with Mr. Taylor, but we have a case coming to you from Judge Brunson and it involves redactions of a public records request, and pursuant to the Public Records Act when there are work product exemptions that are redacted the Court reviews the unredacted. What it is is invoices from Mr. Sweetapple's law firm and some items were redacted that reflect work product we submit in an ongoing matter, and the Public Records Act contemplates that you review it in -camera, about five pages. ESQUIRE 800,211.DEPO (33 76) Esquire Solutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 39 I actually haven't ever had a dispute over a privilege log where the privileged documents were submitted in camera, so my question for you is whether you have - in terms of how we submit to you evidence So, for example, you know, I may need to submit an affidavit to you from Mr. Sweetapple who says, "Okay. The witness whose name is listed on August 15th entry was a - or the person whose name is listed is a potential witness in this case to support the exemption." THE COURT: Let me interrupt you. I want you to understand, although it sounds like most of these cases are coming to this division, you've been living with the intricacies, both of you, more than I have. I have about 1,200 cases, I don't mean that disrespectful. It's hard for me to take in exactly the totality of the circumstances that you're talking about that's going to lead to this potential in -camera review by this court. What I would suggest, if you all meet and if you all have a process that works, send it to me in a agreed order in that case and I'll look at it. If I understand it and agree with it ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 40 I'll sign off on it. If I don't understand it I can bring you in for a brief hearing or if I don't agree with it, assuming I understand the proposal, I'll tell you why I don't agree and send an order out to you that way. You know that in a couple months you're going to have a different judge on this. MS. O'CONNOR: Yes. THE COURT: So if I thought I was here for the long-term it would make sense to try and rush this through, or not rush this through, try to get it to me to keep things moving, but I think you're going to have to bring another judge up to speed on all of this in a couple months anyway, so you decide whether you want me to keep addressing these issues until I'm gone or whether you want to wait and educate the next judge, I believe it's Judge Oftedal. I have no preference on that, whatever works for all of you is fine with me. For today, I appreciate you guys getting your materials ahead of time and you'll submit the proposed order as long as Mr. Taylor agrees to the form and content and I'll sign off on 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 PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 41 My question for you since you're here, I got something on a different case but related to that, and I forget the name of the parties and it's an attorney from Orlando that may be representing one of the public records requestors, and I can't tell you which one, but they sent me a cover letter with a thumb drive taped to it. I haven't put it on my computer and will not, but I had my JA call and say, "set this for hearing," and that call was made June 8th and I haven't heard a thing, so I'm getting ready to send that back unless you can me something about it or something I should know. MS. O'CONNOR: Is it a Gulf Stream case, do you know? THE COURT: Good question. Do you want to wait a minute and I'll grab it? MS. O'CONNOR: Sure. (Short break.) THE COURT: Okay. This is Christopher O'Hare vs. Town of Gulf Stream, it's 13CA17717, the cover letter from Mr. Roeder. MR. TAYLOR: Roeder. THE COURT: Says, "Enclosed please find a 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 PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 42 computer flash drive containing digital copies of video depositions referenced in companion motions for protective order in the above referenced case. Copies have also been sent to Joanne O'Connor and Robert Sweetapple. Respectfully, Louis Roeder. I was away last week, but my JA called Mr. Roeder's office on June 8th and said, "set this for hearing," and we've heard nothing, so I'm inclined to send this back unless there's something I missed. MR. TAYLOR: Your Honor, what's the case number on that? THE COURT: 13CA17717. MR. TAYLOR: Okay. Thank you. THE COURT: All right. So I'll hold it a couple more days. If you can give me any clarification or I get a call back from the office that they're setting it for hearing, then I'll hold on to it. Whether I'll put it into my computer and look at the video depositions I don't know because I haven't seen the motion, I haven't reviewed the motion it's attached to. I wasn't going to review that unless I knew it was set for hearing, so we'll see what happens next. ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 43 All right. Thank you, folks. Have a good day. MR. TAYLOR: Thank you. MS. O'CONNOR: Thank you. (The hearing concluded at 3:10 p.m.) O ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM CERTIFICATE STATE OF FLORIDA ) COUNTY OF PALM BEACH ) June 16, 2015 44 I, JENNIFER D. DiLORENZO, Shorthand Reporter, certify that I was authorized to and did stenographically report the foregoing proceedings and that the transcript is a true and complete record of my stenographic notes. Dated this 7th day of July, 2015. C?e A - 'b' 0?')At--7P JENNIFER D. DiLORENZO, COURT REPORTER ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM 10:16,20 13 25th $ 29:1 17:21 28:7 36:1,7 18:2,5,7 $1.54 13CA17717 8:19,25 41:22 3 9:7 12:24 42:14 1.130(b)(6) 13:3,6, 15 3 16,21 4:16,19 25:15,19 16:1,21 22:13 26:8,10 17:5 4:16 19 36:5 25:17,25 28:11,12 19:21 36:14 21:5 17:11 11 30 (b) (6) $39 2015 119 3:3 15th 25:21 19:23 22:12 27:12 $39.23 39:9 14:8 35:25 17:11 300 17:8 16 11:22 3:3 330 1 16th 14:13 16:3 3:10 1 43:4 10:16,20 25:16 2 26:21 28:7 2 10:15 1,200 25:14 39:17 28:7,8 1.130(b)(6) 20 27:21 6:17 10 2014 34:14,15, 4:16 19 36:5 11:23 100 14:8 21:5 17:11 11 29:1 35:21,24 2015 119 3:3 24:11,13 23 35:16 19:23 37:4,5 25 12 14:8 35:25 17:11 36:7 4 4 14:23 25:16,20 26:8,10 28:14,15 400 19:12 2 1: 4 5 5 28:15 548 29:12 549 28:24 29:15,17, 22 30:2, June 16, 2015 Index: $1.54 -additional 8,14 31:3,11, 14,23 33:20 35:3 36:8 551 29:13 C 6 28:18 30:25 3 1: 1 7 7 30:3,4,14 31:14,16 8 8 31:15,16 33:13 800 19:12 8th 41:11 42:8 9 9 14:23 17:10 33:21,22, 23 A ability 10:7 absolute 5:10 absolutely 5:16 6:2 9:10 16:8 29:24 3 7: 2 acceptable 33:16 access 20:20 accuracy 18:6 Acquisition 3:1,5,14 4:3 26:2 Act 17:16 20:19 38:17,23 action 22:23 actions 20:16 21:9 23:15 actual 5:3 6:15, 22 13:16 17:18 19:24 25:11 additional 24:21 27:3 33:15 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 Index: address -care 34:24 40:22 appearing 41:4 belief address allegation 3:14 attorney's 30:1,25 33:3,19 25:18 8:21,24 area 36:17 addressing 9:19 7:12 37:13 believes 17:20 7.19 27.2 40:16 areas August 18:6 5:15,19 39:9 bill adequate 20:15 19:19 29:2 6:2 7:25 authority 10:24 administratallegations argue 3:20 billing ive 21:24 19:7 avoid 17:6 17:7 27:2 29:9 argument 14:6,17 bit advance 31:19 9:3 15:8 aware 7:12 37:22 allege 19:1,2,6 10:19 blanket advised 15:19 assert 5:22 6:9 14:11,13 33:24 28:23 B blind 17:13 alleging assertion 32:2 18:4 23:12 5:10 back break affects allowed assessments 4:7 11:23 41:20 8:10 34:13 24:23 41:12 bring affidavit 35:23 assume 42:10,18 40:2,13 21:1 amended 12:8 background broader 27:15 8:17 22:18 27:6,17 7:12 39:7 11:14,18 assuming banning 12:23 Brunson agree 12:3,9 6:10 38:15 16:24 13:2,8 40:3 20:11 31:17 based budgets attached 5:22 amending 3:8,9 16:25 32.2 25:15 30:14 33:23 14:24 19:2 22:2 39:25 amount 22:17 23:15,20 C 40:3,4 13:12 26:1 24:3 25:1 agreed 17:6 31:18 36:3,11 call 29:23 19:22 32:8,10, basically 41:9,10 36:13 20:5 23:7 21 42:23 7:7 24:10 42:18 39:24 32:15,16 attachment 32:11 called agreeing anymore Ym 32:20 basis 42:7 9:6 16:18 4:13 attachments 11:4 15:13 camera agreement 3:20 12:18 39:3 36:23 apologize attempts 19:13 38:13 29'25 candor agrees 30:5 30:25 24:24 40:23 appearances 31:10 3:11 behalf care ahead attorney 13:14 18:17 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. corn PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 Index: Carriage -count Carriage 28:16 23:18 32:9,11, copying 27:20 Chapter 27 17 20 33:24 8:19 13:6 case 24:11 cleverly complete corporate 3:10,25 35:18 13:25 6:9 4:2 5:2, 4:5 5:1, 37:4,5 client completely 4,6,18 2,4,22 charge 4:12,25 13:13 6:5 8:9 6:17,18, 13:7,16, 5:4 7:18 19:12 21:18,22 22'24 21 23:7 10:11 27:5,14, 7:2,20 compliance 20 8:15 charged 16:14 19:14 23:14 corporation 10:10 19:20 24'17 computer 27;25 20:15 23:2 32:18 41:8 22:9'17 charges 42:1,21 correct 23:16 client's 7:16 24:2 32:16 37:3 conceding 11:24 25:14 Christopher 15:5,6 12;2 code 26:3 41:21 15:14,24 32:22 concern 30:19 circumstanc 20:23 17:19 36:11 collect 24;9 38:14 e8 35:1 concluded 25:24 4:8 18:18 39:11,2419:3 comment 22:14 27:22 41:2,1543:4 39:19 37:1 35:5 42:4,12 confused 36:18 claim commingled cases 9:8 10:4 35:8 22:22 correctly 4:8 15:21 16:24 confusion 8:23 20:24companion 19:14 11:12 corresponds 21:14 22:21 42.2 constructic nce 22:18 34:9 company 14:24 28.20 35:22 3:1,6 n 39:14,17 36:16 5:12 32:14 cost contemplate 10:25 cents claiming comparison 15:3,18 19:23 23:1,19 4:11 s 38:24 17:18 CG claims complaining 18:7,12 3:1,5,14 10:2 21:9 content 20:5 4:2 26:240:24 15:21 24:8,23 Complaint challenge 18:14,21 7:15,17 continued costs 9:23 10:7 20:16 11:14,15, 33:24 32:15,18 11:1 clarificati 16,18 copies counsel 17:19 on 12:23 23:2 3:11 4:10 20:2,3 42:18 13:2,8 42:1,4 13:9 22:4 challenging clear 21:25 copy 36:20,22 17:2527`1 5:5 15:15 6:18,23 count 19:24 16:16 29.10 25:12 7:16 20:431:18 22:5 8:16,17 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 Index: counts -documents 10:20 19:13 deposit discovery 11:8,21 20:4,8,10 D 17:15 6:10,11, 13:14 21:11 deposition 15 7:12 14:5,7, 22:16 8:14 9:5 date 4:15,17, 17,18 23:4,17 10:1 15:19 18,20,24 15:15 24:1,3, 14:1,6 6:2,23 18:15 12,20 day 15:11,23 22:11 19:16 25:9,13, 18:24 16:16 20:3,14 22,25 29:1 43:1 depositions 18:21 21:10 26:4,7, days 5:24 20:12 23:12,17 10,14,17, 42:17 6:10,14, 24:17 24:25 20 27:10, 20 19:9 25:3,8 25:8 27:1 19,23 decide 21:12,13, 31:13 28:22,23 28:6,11, 40:15 17 22:5 dispositive 30:4,8 14,18,2042:2,21 defect 20:25 32:25 29:12,17, 22:25 designated 33:4,22, 19,25 5:8,18 dispute 25 30:14,17, Defendant 12:9 17:1 21 31:21 4:1 7:22 64 284 :: 18:5,8,11 counts 32.8 8:17 13:4 determinati 39:1 10:18 24:22 33:3,17 30:1 on disrespectf 26:25 34:2,8, Defendant's 37:5,21 ul 28:10 13,20,22 3:9 determine 39:17 35:2,20 7:13 couple 36:7,14, defense division 40:6,14 16,19 10:7,8,9 determining 39:14 42:17 37:8,10, deficient 18:16 document court 11,17,20, 19:4 difference 25:20 3:5,15,18 25 38:3, delay 33:11 30:12 5:6,13,17 7'18 23:20 digital 31:9 6:1,4,7, 39:12,21 42:1 documentati 25 7:13, 40:9 delayed 21,25 41:17,21, 7:10 direct on 8:4,13 25 42:14, demonstrate 25:11 8:19 16 10:13 9:1,8,21 s directors 13:5,11 10:15,22 cover 20:18 27:8 23:24,25 11:9,11, 36:6 denial disagrees 30:20 24 12:3, 37:25 20:20 7:19 32:22 8.20 41:7,23 33:1 13:23 deny disallow 35:18 14:18,21 covered 4:10 35:24 15:1,15 35:22 documents depending discoverabl 3:8 7:4,6 16:4,15, creates 28:9 23 17:10, 16:12 e 9:14,17, 24 18:4, depose 10'6 18 11:20, 10,17 4:2 5:3 30:22 23 17:18 36:3 24:5,24 ESQUIRE 800.211.DEPO (3376) S 0 L u* 1 0„ S EsquireSolutions.com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM 27:3 27:8 18:7,12 29:7,22 Enclosed 20:5 23:7 30:2,6,9 41:25 evidence 31:3,6, 10,11,20 encompassed 21:6 39:5 33:5,15, 36:8 exemption 19 34:24 39:11 enjoining 35:6,21 24:10 exemptions 37:12 38:18 39:2 enter 23:5 Exhibit dollar 14:25 23:8 entities 25:23 8:8 drag 26:11,13, 22:7,9 entitled 14,17 5:14 7:22 draw 8:13 21:8 exhibits 4:11 24:18 31:17 drive 26:23 33:14,18 41:7 42:1 29:21 exist 31:12 24:25 duces 34:10 31:20 25:11 26:2 36:23 existed entitlement 9:18 duplication 17:18 6:1 37:21 existence entitles 33:15 29:19 exists E entity 23:25 8:8 earlier expect 22:11 entry 14:6 educate 39:9 expedition 40:17 essentially 4:23 effect 3:24 8:18 expeditions 10:2022:6 8:7 11:2 19:24 33:13,16 32:21 expenses either/or 17:17 estimate 34:6,7 10:24 extent Eleven 11:22 20:14 34:22,23 12:10,11, extremely eliminate 12,15 5:23,25 14:1 28:7 14:10 15:19,25 employees 16:1,22 ESQUIRE June 16, 2015 Index: dollar -frankly 12 11:15, 16 Filing fact 25:14 11:21 find 12:15 41:25 13:17,20 14:15 finds 16:12 37:11 18:5 22:24 facts 4:21 6:13 22:8,13 factual 12:9 17:1 failing 6:9 fair 21:20 fashion 3 0: 10 favor 37:11 fee 8:19 36:23 37:22 fees 11:6 19:19 35:1,4,16 36:17 37:4,13, 21 Fifteen 36:15 figure 32:18 filed 3:25 4:3, fine 37:23 40:20 firm 38:21 fishing 4:22 22:6 flash 42:1 flatly 23:13 Florida 24:11 folks 43:1 forget 41:3 form 20:20 40:24 found 31:10 foundation 28:12 Fourteen 36:9 frame 10:3 f rankly 4:24 5:21 800.211.DEPO (3376) EsquireSolutions. com PROCEEDINGS June 16, 2015 CG ACQUISITION vs. TOWN OF GULFSTREAM Index: front..intdcacies front grab hearing 34:7 39:20 14:12 41:18 7:23 21:7 35:12 inappropria 22:19 27:10 37:2,23 grounds to 31:22 24:4 25:2 37:13,22 42:12 24:23 fund 40:2 hour -and -a- grouped 41:10 inclined 32:14 half 22:23 42:9,19, 42:10 funds gases 25 43:4 6:ly including 29:3 35:8 hourly 9:12 13:4 helpful 36:9,21 36:24 future 19:17 25:5 indication 20:19 Gulf henceforwar hous 26:7 ur17,19 9:1 20:1 d 17:7 individual G 22:44 23:6 22:13 8:9 32:12,15 35:17 Hillsindividuals hundreds Gadd 41:15,22 27.21 27: 8:5 27:7 6:18 Gulfstream history information gain 3:2,6,17 36:9 = 10:2 8:22 23:6 hold 27:9,17 gather 42:16,20 33:8,9,13 30:5 guys i.e. 40:21 honest 21:4 injunction 31:2,10 13:8 23:5,15 idea gathering g Honor 30:9 injunctive j 17:17 3:13,23 34:24 20:14 33:7 4:6 5:20 22:21 happen identities gave 6:3,9,24 23:3,9 17:20 37:16 7:14,24 8:9 24:2,10, 18:12 happened 8:2,16 11 15,25 20:5 4:16 37:6 9:10 14:17,19 inquire generally happy 12:22 23:13,17 5:14 34:15 38:5,7 14:4,5 25:8 27:1 29:21 15:24 28:10,23 30:24 give harass 16:6 30:5,8 31:13 4:25 17:4,22 32:25 inquiry 42:17 22:10 19:6,17 33:4 25:6 giving hard 20:13 111 instance 11:5 32:24 22:1 20:14 31:2 good 39:18 23:11 21:10 intended 24:9,19 27:1 28:2 harm 25:5 29:6 41:17 20:20 27;22 immediately interrupt 43:1 heard 29:18,24 11:17 39:12 gotcha 41:11 30:16 in -camera intricacies 30:10 42:9 32:11 38:24 39:15 33:10 ESQUI 10E Esquire Sol tions.com) PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 Index: invoices -motion invoices 18 lead 39:2 materials 38:20 judgment 39:20 long 40:22 involves 21:6 leave 40:23 matter 38:15 27:11 36:7 3:1 19:18 long-term irrelevant 37:15 legally 40:10 27:6 6:21 June 19:20 30:19 lot 38:23 19:12 3:3 11:23 letter 12:13 issue 14:8 16:3 13:6 22:5 meant 9:11,12, 17:11,21 19:25 24:13 22:7,9,10 13 12:4, 18:5,7 41:7,23 26:12 41:11 Louie 32:16,17 14,22 42:8 light 42:6 13:1,17 meat 22:24 15:7,16 39:22 16:12,18 g likelihood M 18:15 20:19 met 21:14 20:8,9 42 limit made 24:12 42:24 22:16 minute 29:9 37:7 23:9 30:7 18: 2,23 18:22,23 28:2 Knowing 41:18 issues 18:10 limited 21.24 7:2,3,13, 6:12 28:25 minutes 15 9:21 knowledge 36:21 30:5 4:20 15:12 21:23 41:10 22:13 24:21 35:15 limiting main missed 28:1 36:1 23:3 4 0:16 24:14 5:15 42:11 item limits make mistaken L 5:10 19:1 5:12 27:17,18 5:23 35:9,10 20:11 40:10 money lack 24:16 makes 32:19 items 19:4 32:12 33:1 26:5 32:2 24:24 list 38:21 25:16 37:20 monies large 26:12 making 35:7 20:22 14:2 J listed month lasted 5:15 manner 21:4 4:17 39:9,10 9:16 JA months 41:9 42:7 late litigation 16:711 , 16:2 12:12 36:9 marathons 18:23 Joanne law living 22:6 40:6,15 3:16 42:5 3:10 5:5, 39:15 Martin moot judge 22 6:17 11:10 25:14 locked 4:18 37:7 38:14 30:19 27:23 Marty motion 40:7,14, 38:21 log 27:14 3:7,8,19, ESQUIRE Esqu �eSolut o800.21 I.DEPOn� s.com PROCEEDINGS June 16, 2015 CG ACQUISITION vs. TOWN OF GULFSTREAM Index: motions.. pertains 22,25 4:3,6 20:25 21:16 42:22,23 motions 21:14 42:3 motivation 6:20 motive 6:15 move 20:24 37:24 moving 4 0: 12 N nature 32:2 necessarily 22:3 Nick 3:13 non- production 23:18 35:21 noncomplian ce 16:25 18:14 20:18 notice 6:22 13:21 15:3 25:14,21 26:2 number 10:4 15:20,21 21:13 26:3 42:13 numbered 26:1 U O'boyle 4:18 21:21 27:14 28:1 O'connor 3:16 9:1 10:18 11:10,12 12:2,7 14:4,20, 23 15:14 16:9,20 18:16 20:11,13 22:3 24:20 25:4,12, 19,24 26:6,9, 12,16,18, 22,24 27:22 28:5,8, 12,15,19, 22 29:15 30:4 31:16,24 32:4 33:10,12, 22 34:15, 17,23 35:5 36:2,5, 13,15,18 37:20,23 38:2,5,9, 12 40:8 41:15,19 42:5 43:3 O'Connor I 24:17 37:14 O'hare 4 1: 22 object 35:13 office 42:8,19 officers 27:8 offset 32:17 Oftedal 40:18 ongoing 38:23 open 7:11 8:1 18:21 opening 31:8 opposing 4:10 opposition 14:25 order 3:7 4:1, 4,7,9,10, 12,16 5:22 6:10 14:6,17 21:15 38:4,6,8 39:24 40:5,23 42:3 originally 11:14 Orlando 41:4 outlining 21:2 outstanding 38:1 overestimat e 24:8 FZ p.m. 43:4 pages 11:22 14:13 25:16 38:25 paid 8:20,25 13:12 16:2 paired 22:22 paper 19:22 paragraph 14:23 17:10 35:21 paragraphs 26:1 parcel 31:5 part 24:2 31:4,5 34:8 35:13 parties 41:3 party 30:18,19 past 18:22 22:2 pattern 20:18 32:12 pay 34:3,10, 11 payment 17:15 34:5 pending 10:2 15:21 18:22 perfectly 22:2 period 8:7 permit 32:15 permitted 17:15 person 39:10 pertained 4:21 pertaining 6:13 pertains 6:20 11:7 ESQUIRE 800.211.DEPO (3376) . o � . . o � , EsquireSolutions.com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 Index: picked -received 32:25 precludes 7:4 9:14, 16:19 10:11 picked 16:16 15 13:5 17:15 questions 21:18 preference 18:11 20:17, 19, 19:10 40:19 23:14,24 20,21 Plaintiff 31:12 21:3 24:6 3:12 9:20 premature 33:5,19 28:23 R 14:11 37:8,19 29:5 30:6 producing 17:13,14 prematurely 31:6 32:6 raise 20:21 11:17 36:10 32:17 21:19,23 product 38:15,16, 38:13 27:2 prepare 38:17,22 23 41:5 35:15 38:4,5,7 raised production pull 36:20 prepared 24:8 14:2 18:16 Plaintiff's 17:13 raising 3:6,8 prolong purpose 10:6,10 presupposes 4:24 26:18,20 29'2 16:10,11rate 29:5,20, 35:25 proof 36:24 prior 7:19,21, 25 pleadings 4:6 21:6 22 32:11 purposes read 9:2 37:123:19 15:23 14:3 proposal pled privilege 40:4 pursuant reading 11:19 39:214:22 27'20 23:16 proposed privileged 40:23 29:4 31:7 ready point 39:2 38:16 41:12 19:18 protective 28:9 36:3 problem 3:7 4:1, pursuing reason 34:18 4,7,9,10, 16:24 4:3 5:17, position 34:2,4,6 proceeding 12 5:22 put 20 18:20 35:7 32:7 6:9 21:15 24:16 33:23 42:3 27:12 35:13,14 37:3,7 Proceedings provide 29:9 41:8 reasonable possessed 3'1 6:18 42:20 7:10 8:10 14:13 process 11:20 12:5,18 possession 34:25 provided Q 18:19 30:10 39:23 10:13 reasonablan possibly produce 14:9,10 quashed ass 32:3 8:18,24 18:6 6:23 15:17 9:23 potential 13:11 providing question receipts 39:10,20 17:2,14 20:17 12:14 31:25 practice 24:7 public 13:20 32:1 20:25 27:5,24 3:24 4:5, 16:5 36:1 received 35:18 21 6:14 39:3 3:7,9 practices 37:1241:1,17 B:6 10:4 10:1,14 22:3 produced 14:9 questioning 11:2 ESQUIRE 800.211.DEPO (3376) 6 0 l Y i 1 0 X 9 EsquireSolutions.com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM 15:3,6,8 16:7,10 18:2,12 19:11 21:3,4 2 9: 3 record 14:3 36:10 records 3:24 4:5, 21 6:14 7:18 8:6, 25 10:5 14:9,14 16:19 17:14,16 20:17,19, 21 21:3 23:13 24:6 27:16 28:24 29:5 30:7 32:6 35:14 38:16,17, 23 41:5 redacted 38:18,22 redactions 38:15 referenced 42:2,4 refers 30:18 reflect 38:22 refusal 11:20 refute 21:5 relate 24:22,23 26:10 31:22 33:18 related 25:8 27:7 29:22 31:3,16 41:2 relates 31:14 36:8 relating 10:2 relation 35:20 relationshi p 36:20 relevance 15:22 36:11 relevant 28:21 relief 20:15 22:21 23:3,9 24:2,10, 15 25:1 remain 8:1 remedy 23:4 replete 27:2 replied 7:17 represent 21:11 representat ive 4:2 5:2, 4,7,18 6:5 21:19,22 27:5,12, 14,20 representin g 41:5 request 3:25 4:22 6:11,14 7:5 12:1 14:2,9, 10,16 16:18 17:12 19:16 24:1 25:20 28:24 29:5 30:7 31:7,9,23 32:6 33:4,8 34:3,5 35:5 38:16 requestor 6:16,21 requestors 41:6 requests 8:6 10:5 19:11 21:3 23:21 28:25 35:22 36:10 38:1 resolution June 16, 2015 Index: record -scope 29:4 respect 20:17 Respectfull y 42:6 respond 8:22 10:22 14:15 responded 10:23,25 11:19,21 23:25 response 3:9 7:8, 10 8:5,11 9:4,9,16, 19,25 10:12 11:4,15, 25 12:4 13:19,24 14:8 15:9,17 16:20 17:11,12, 21 18:2, 19 19:3, 8,14,25 27:10,16 28:17 33:4 responses 5:14 responsive 14:14 17:14 30:1,6,12 31:11 33:15 rest 4:22 result 4:15 retainer 36:23 retention 36:21 revenue 32:17 review 35:4,16 38:24 39:21 42:24 reviewed 42:23 reviews 38:18 revise 33:12 Ring 5:11 21:21 27:13,24 28:4 Robert 42:5 Roeder 41:23,24 42:6 Roeder's 42:8 rush 40:11 s scenario 5:1 scope 5:24 OESQUIRE 800.211.DEPO (3376) EsquireSolutions. com PROCEEDINGS CG ACQUISITION vs. TOWN OF GULFSTREAM June 16, 2015 Index: seek -Taylor seek similar 27:25 stuff 25:1 4:8 8:8 12:13 T start 33:13 simple 3:11 15:20 seeking 3:24 4:4, 26:21 24:13 table 5:3 19:7 5 19:18 subject 15:12 stated 23:10,14 simply 13:25 30:8 32:7 talking seeks 4:22 submit 10:15,16 states 4:1 32:18 11:17 39:19 7.17 send single 12:7 taped stating 38:22 12:11,13, 21:15 41:8 13:6 39:4,7 15 15:18, situations 40:22 Taylor 25 39:23 statute 40:5 4:13 12:6,19 submits 3:13,19, 41:12 sort 18:1427:15 23 5:8, 42:10 18:24 19:15 16,20 30:10 submitted 6:3,6,8 sense 36:24 Statutes 39:3 7:14,24 40:10 24:11 subpoena 8:2,12,15 separately sou ht g stipulate 6:22 26:2 9:7,10 3:21 29:1 9:3 14:14 10:9,17, sounds 15:2 suggest 19 11:7, September 35:2 37:11,15 39:22 13 12:22 4:8,16 39:13 suggested 15:2,24 22.12 stipulating 16:5,14, 8:4 9:2 set source 12:24,25 17 17:4, 41:9 29:3 stipulation suggests gg 22 18:1,8 42:8,25 specific 9:6 14:7 33:6 19:6,17 6:21 15:4 summary 20:7,9 setting 18:15 20:10 21:6 21:12 42:19 32:14 24:21 27:10 22:1 short apecificall 25:2,4 support 23:11,23 8:6 10:3 26.25 24:9,19 41:20 y 28:10 17.7 26:19 6:17 36:4,12 33:3,14, 29:18,23, show 19:1,15 18 39:11 24 30:15, 32:12,21 21:18 stipulation supporting 16,18 35:6 speed s 3:20 32:1,5,10 showing 40:14 13:25 33:6,11 34:1 supposed 17:6 34:7,12, end s pend 28:3 19:21 Stream 16,18,21 33:1 9:19 20:1 Sweetapple 35:12 33:1 sign 22:4 39:7 42:5 36:4 40:1,24 spent 32:12,1537:1,9,14 Sweetapple' 32.23 35:17 38:11,13 significant spokesman 41:15,22 s 38:21 40:23 17:16 41:24 ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com PROCEEDINGS June 16, 2015 CG ACQUISITION vs. TOWN OF GULFSTREAM Index: Taylors -William 42:12,15 43:2 Taylor Ia 25:13 26:7 tecum 25:11 26:2 tee 21:13,16 telling 9:6 15:16 16:17 18:25 21:20 22:25 24:14 tells 25:15 Ten 34:16,17, 20 terms 8:10 10:6 34:25 39:4 thing 15:25 18:24 23:12 25:10 36:25 41:11 things 24:15 32:2,23 4 0: 12 thinking 21:19 31:1 thought 14:1 40:9 thumb 41:7 time 8:7,22 10:3,4 12:21 13:18 17:16 18:13 21:3 33:7 4 0: 22 timeliness 9:11,12, 25 10:12 13:1 19:4,5,25 2 0: 3 28:16 timely 7:9 9:16, 20 10:22 12:5 13:19 14:9,16 16:7,11, 13 17:2 18:20 19:8 timing 7:9 8:11 15:10 today 4:12 19:22 22:20 24:2,3,14 26:4 37:15 40:21 told 10:23 21:12 30:23 topica 25:6,15, 17 26:8 28:13 totality 19:3 39:18 Town 3:2,6,17 7:6 8:21 14:15 16:6,25 17:1,12 18:4,17 21:1,2 22:4 23:1,6 29:3 41:22 Town's 11:15 14:8 17:11 2 0: 16 trace 29:3 tracked 35:8 transcripts 22:18 transfer 33:2 trial 7:23 true 9:13 truthful 23:22 24:5 turned 22:6 30:13 U umbrella 36:6 understand 7:2 9:22 15:1 34:25 39:13,25 40:1,3 understands ble 22:2 understandi ng 7:5 Understood 16:4 34:12 unlawful 11:20 33:25 unreasonabl e 15:9 20:6 23:20 34:4 unreasonabl y 7:11 unredacted 38:19 untimely 9:4,9 11:3 V valid 10:10 vice- president 5:11 27:13 video 42:2,21 violated 37:6 violating 24:11 volume 23:20 W wait 12:19 28:2 40:17 41:16 waited 12:17 waiving 9:3 15:8 19:2 walk 25:6 walked 31:19 week 18:23 19:11 21:5 42:7 weeks 11:25 12:4,18, 19 whatsoever 22:8 William ESQUIRE 800.211.DEPO (33 76) 6 0 1 U 1 0 X 5 EsquireSolutions.com PROCEEDINGS June 16, 2015 CG ACQUISITION vs. TOWN OF GULFSTREAM Index: withholding..zoning 5:11 withholding 33:25 words 7:9 18:16 work 38:17,22 works 39:23 40:19 wrong 25:10 Y years 6:17 zoning 35:3,16 ESQUIRE 800.211.DEPO (3376) 6 0 L U. 1 0 M, Esquire Solutions. com