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POMPANO AUTOMOTIVE ASSOCIATES, LLC, D/B/A JOEY ACCARDI CHRYSLER DODGE JEEP RAM vs FCA US, LLC AND ARRIGO MARGATE, LLC, D/B/A ARRIGO DODGE CHRYSLER JEEP RAM MARGATE, 16-006238 (2016)

Court: Division of Administrative Hearings, Florida Number: 16-006238 Visitors: 1
Petitioner: POMPANO AUTOMOTIVE ASSOCIATES, LLC, D/B/A JOEY ACCARDI CHRYSLER DODGE JEEP RAM
Respondent: FCA US, LLC AND ARRIGO MARGATE, LLC, D/B/A ARRIGO DODGE CHRYSLER JEEP RAM MARGATE
Judges: MARY LI CREASY
Agency: Department of Highway Safety and Motor Vehicles
Locations: Tallahassee, Florida
Filed: Oct. 25, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, March 31, 2017.

Latest Update: Sep. 13, 2017
STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DHSMV Case No.: MS-17-759 POMPANO AUTOMOTIVE ASSOCIATES, LLC d/b/a JOEY ACCARDI CHRYSLER DODGE JEEP RAM, Petitioner, Case Nos. 16-6222 16-6236 vs. 16-6237 FCA US LLC AND ARRIGO MARGATE LLC, 16-6238 d/b/a ARRIGO DODGE CHRYSLER JEEP RAM · 16-7596 MARGATE, 16-7597 16-7598 Respondents. 16-7599 I - FINAL ORDER NO. SCHUMACHER AUTOMOTIVE DELRAY, LLC, d/b/a SCHUMACHER CHRYSLER DODGE JEEP HSMV-17-0517- Fo r- -Ms RAM OF-DELRAY, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES Petitioner, Case Nos. 16-6239 16-6240 vs. 16-6241 FCA US LLC AND ARRIGO MARGATE LLC, 16-6242 d/b/a ARRIGO DODGE CHRYSLER JEEP 16-7600 RAM MARGATE, 16-7601 16-7602 Respondents. 16-7603 ___ _____ _____ ! YARDLEY CAR COMPANY, LLC, Petitioner, Case Nos. 16-6243 vs. 16-6244 16-6245 FCA US LLC AND ARRIGO MARGATE LLC, 16-6246 d/b/a ARRIGO DODGE CHRYSLER JEEP 16-7604 16-7605 RAM MARGATE, 16-7606 16-7607 ____ Respondents. ____ __ __ __ / AMENDED FINAL ORDER This matter came before the Department of Highway Safety and Motor Vehicles (Department) for entry of a Final Order upon submission of three Orders Closing Files by Mary Li Creasy, an Administrative Law Judge of the Division of Administrative Hearings, copies of which are attached and incorporated by reference in this order. The Department hereby amends its Final Order, No. HSMV-17-380-FOF-MS, filed on July 31,2017, in this matter and finds and orders as follows: 1. Petitioners Pompano Automotive Associates, LLC d/b/a Joey Accardi Chrysler Dodge Jeep Ram; Schumacher Automotive Delray, LLC d/b/a Schumacher Chrysler Dodge Jeep Ram of Delray; and Yardley Car Company, LLC, timely filed petitions or complaints protesting the proposed establishment of Arrigo Margate, LLC d/b/a Arrigo Dodge Chrysler Jeep Ram Margate. The cases were consolidated at the Division of Administrative Hearings. 2. Petitioners subsequently dismissed their petitions and Administrative Law Judge Mary Li Creasy entered the attached Orders Closing Files. Accordingly, it is, ORDERED and ADJUDGED that Respondent, Arrigo Margate, LLC d/b/a Arrigo Dodge Chrysler Jeep Ram Margate be granted a license as a franchise dealership for Chrysler, Dodge, Jeep and Ram motor vehicles at 2250 North State Road 7, Margate (Broward County), Florida 33063-5716, upon compliance with all applicable requirements of section 320.27, Florida Statutes, and all applicable Department rules. DONE AND ORDERED day of September, 2017, in Tallahassee, Leon County, Florida. Robert Kynoch, rector of Motorist Services Department of Highway Safety and Motor Vehicles 2900 Apalachee Parkway Tallahassee, Florida 32399 NOTICE OF APPEAL RIGHTS Judicial review of this order may be had pursuant to section 120 . 68, Florida Statutes, in the District Court of Appeal for the First District, State of Florida, or in any other district court of appeal of this state in an appellate district where a party resides. In order to initiate such review, one copy of the notice of appeal must be filed with the Department and the other copy of the notice of appeal, together with the filing fee, must be filed with the court within thirty days of the filing date of this order as set out above, pursuant to Rules of Appellate Procedure. Copies furnished to: Richard N. Sox, Esquire Kevin F. Richardson, Esquire Nicholas A. Bader, Esquire Clyatt Richardson & Ryan, P .A. Bass Sox Mercer, P .A. 1401 Forum Way 2822 Remington Green Circle West Palm Beach, Florida 33401 Tallahassee, Florida 32308 kevin . a crr-law.com rsox@dealerlawver.com j ennifer ( a crr-law.com nbader r a bsm-law.net Thomas H. Yardley, Esquire R Craig Spickard Law Office of Thomas H. Yardley KurkinBrandes,LLP 1970 Michigan A venue, Building D 105 West Fifth A venue Cocoa, Florida 32922 Tallahassee, Florida 32303 statefiling@yardleylaw .net csp ickard ..!.!. kb-attome , s.com Ian Coghill, Esquire J. Martin Hayes, Esquire Robert Cultice, Esquire Thomas A. Range, Esquire Felicia Ellsworth, Esquire Akerman Senterfitt Michelle Sandals, Esquire 106 East College Avenue, Suite 1200 Wilmer, Cutler, Pickering, Hale & Dorr Tallahassee, Florida 32301 60 State Street martin.ha ' es tu akerman.com Boston, Massachusetts 021 09-1800 tom.ran l! e ii i akerman.com ian. co l!h ill fu . wilmerhale.com robert.cultice m wilmerhale.com felicia.ellsworth r a wilmerhale.com michelle.sandals ( tl wj]merhale.com J. Andrew Bertron, Esquire Mary Li Creasy Virginia Guide, Esquire Administrative Law Judge Nelson Mullins Riley & Scarborough, LLP Division of Administrative Hearings 3600 Maclay Boulevard South, Suite 202 The DeSoto Building Tallahassee, Florida 32312 1230 Apalachee Parkway and v .bertron (!!. nelsonmullins.com Tallahassee, Florida 32399-1550 marylicreasy@doah.state. fl. us Joseph R. Gillespie, Agency Clerk Department of Highway Safety and Motor Vehicles 2900 Apalachee Parkway Room A432, MS-2 Tallahassee, Florida 32399 OGCFiling@flhsmv.gov

Docket for Case No: 16-006238
Issue Date Proceedings
Sep. 13, 2017 Agency Final Order filed.
Apr. 03, 2017 Amended Order Severing Cases, Closing Files, and Relinquishing Jurisdiction (16-6222, 16-6236, 16-6237, 16-7596, 16-7597, 16-7598, and 16-6239). CASE CLOSED.
Mar. 31, 2017 Order Severing Cases, Closing Files, and Relinquishing Jurisdiction (16-6222, 16-6236, 16-6237, 16-7596, 16-7597, 16-7598, and 16-6239). CASE CLOSED.
Mar. 31, 2017 Second Motion to Compel Discovery (Requests 2, 6, 7, 9, 11, 13, 15, and 16 of Yardley Car Company's First Request for Production of Documents; Served on November 30, 2016) filed. (FILED IN ERROR)
Mar. 30, 2017 FCA US LLC's Notice of Service of Supplemental Responses to Yardley Discovery Requests filed.
Mar. 30, 2017 Petitioner's Notice of Dismissal filed.
Mar. 29, 2017 FCA US LLC's Motion to Compel Answers to Interrogatories and Production of Documents from Yardley Car Company, LLC filed.
Mar. 20, 2017 Order Granting Motion to Amend Schedule for Expert Discovery.
Mar. 20, 2017 Order on Yardley Car Company, LLC's Motion to Compel Discovery.
Mar. 17, 2017 FCA US LLC's Partially Assented-To Motion to Amend Schedule for Expert Discovery filed.
Mar. 08, 2017 FCA US LLC's Opposition to Yardley Car Company LLC's Motion to Compel Discovery filed.
Mar. 02, 2017 Yardley Car Company's Notice of Postponement of Depositions filed.
Mar. 01, 2017 Motion to Compel Discovery (Yardley Car Company, Inc.'s First Interrogatories to FCA US, LLC; Executed on December 16, 2016) filed.
Feb. 06, 2017 Order Granting Joint Motion for Approval of Confidentiality Agreement.
Feb. 03, 2017 Joint Motion for Order Approving Confidentiality Agreement filed.
Feb. 03, 2017 Notice of Appearance (Thomas Range) filed.
Jan. 30, 2017 Order Granting Motion to Establish Schedule for Expert Discovery.
Jan. 27, 2017 Joint Motion to Establish Schedule for Expert Discovery filed.
Jan. 18, 2017 Order Accepting Qualified Representative.
Jan. 11, 2017 Yardley Car Company's Notice of Taking Deposition filed.
Jan. 06, 2017 FCA US LLC's Request for Representation by Qualified Representative (M. Sandals) filed.
Jan. 04, 2017 Respondent Arrigo Margate, LLC's Notice of Service of Responses to Discovery Requests filed.
Jan. 04, 2017 Order of Consolidation (DOAH Case Nos. 16-7596, 16-7597, 16-7598, 16-7599, 16-7600, 16-7601, 16-7602, 16-7603, 16-7604, 16-7605, 16-7606, 16-7607).
Dec. 30, 2016 FCA US LLC's Notice of Service of Responses to Discovery Requests filed.
Dec. 21, 2016 Yardley Car Company, LLC's Notice of Service of Responses to Discovery Requests filed.
Dec. 21, 2016 Respondent Arrigo Margate LLC's Notice of Service of Responses to Discovery Requests filed.
Dec. 21, 2016 Respondent Arrigo Margate LLC's Notice of Service of Responses to Discovery Requests filed.
Dec. 21, 2016 Respondent Arrigo Margate LLC's Notice of Service of Responses to Discovery Requests filed.
Dec. 20, 2016 Undeliverable envelope returned from the Post Office.
Dec. 19, 2016 FCA US LLC's Notice of Service of Responses to Discovery Requests (to Schumacher) filed.
Dec. 19, 2016 Yardley Car Company, Inc.'s Notice of Service of Responses to Discovery Requests filed.
Dec. 12, 2016 Undeliverable envelope returned from the Post Office.
Dec. 09, 2016 FCA US LLC's Notice of Service of Responses to Discovery Requests filed.
Dec. 01, 2016 Yardley Car Company, Inc's Notice of Serving Discovery Requests filed.
Nov. 21, 2016 Order Accepting Qualified Representative (Ian Coghill, Felecia Ellsworth, and Robert Cultice).
Nov. 18, 2016 Notice of Hearing (hearing set for July 31 through August 4, 7 through 11 and 14 through 18, 2017; 9:00 a.m.; Tallahassee, FL).
Nov. 18, 2016 Order of Pre-hearing Instructions.
Nov. 17, 2016 CASE STATUS: Pre-Hearing Conference Held.
Nov. 17, 2016 Notice of Appearance (Robert Byerts) filed.
Nov. 17, 2016 Yardley Car Company Inc.'s Notice of Serving Discovery Requests filed.
Nov. 16, 2016 FCA US LLC's Request for Representation by Qualified Representative (F. Ellsworth) filed.
Nov. 16, 2016 FCA US LLC's Request for Representation by Qualified Representative (I. Coghill) filed.
Nov. 16, 2016 FCA US LLC's Request for Representation by Qualified Representative (R. Cultice) filed.
Nov. 15, 2016 Yardley Car Company's Request for Copies of Documents Responsive to Schumacher Automotive Delray, LLC's First Request for Production of Documents to FCA US, LLC filed.
Nov. 15, 2016 Yardley Car Company's Request for Copies of Documents Responsive to Schumacher Automotive Delray, LLC's First Request for Production of Documents to Arrigo Margate, LLC filed.
Nov. 14, 2016 Joint Response to Initial Orders filed.
Nov. 10, 2016 Notice of Appearance (Thomas Yardley) filed.
Nov. 04, 2016 Notice of Appearance (Virginia Gulde) filed.
Nov. 04, 2016 Notice of Appearance (Robert Spickard) filed.
Nov. 03, 2016 FCA US LLC's Notice of Serving Discovery filed.
Nov. 03, 2016 Petitioner's Notice of Serving Discovery Request filed.
Nov. 03, 2016 Order of Consolidation and Extension of Time filed. (DOAH Case Nos. 16-6222, 16-6236, 16-6237, 16-6238, 16-6239, 16-6240, 16-6241, 16-6242, 16-6243, 16-6244, 16-6245, 16-6246).
Nov. 02, 2016 Respondent FCA's Motion to Consolidate and Extend Time to Respond to Initial Order filed.
Nov. 02, 2016 Notice of Appearance (Kevin Richardson) filed.
Oct. 27, 2016 Notice of Appearance (Nicholas Bader) filed.
Oct. 27, 2016 Notice of Appearance (J. Bertron) filed.
Oct. 26, 2016 Initial Order.
Oct. 25, 2016 Agency action letter filed.
Oct. 25, 2016 Petition or Complaint Protesting Establishment of Dealerships filed.
Oct. 25, 2016 Agency referral (Ram) filed.

Orders for Case No: 16-006238
Issue Date Document Summary
Sep. 07, 2017 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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