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SOUTH MOTORS NISSAN COMPANY vs NISSAN MOTORS CORPORATION, U.S.A., 96-003197 (1996)

Court: Division of Administrative Hearings, Florida Number: 96-003197 Visitors: 12
Petitioner: SOUTH MOTORS NISSAN COMPANY
Respondent: NISSAN MOTORS CORPORATION, U.S.A.
Judges: ERROL H. POWELL
Agency: Department of Highway Safety and Motor Vehicles
Locations: Miami, Florida
Filed: Jul. 05, 1996
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, May 28, 1999.

Latest Update: Jul. 07, 2024

Docket for Case No: 96-003197
Issue Date Proceedings
Jul. 28, 1999 Final Order filed.
May 28, 1999 Recommended Order of Dismissal sent out. CASE CLOSED.
Apr. 20, 1999 (P. Martinez-Fraga, K. Russell) Stipulation of Dismissal With Prejudice (For Judge Signature) (filed via facsimile).
Apr. 07, 1999 Order Granting Extension of Stay sent out. (stay is extending up to and including 4/16/99)
Apr. 02, 1999 (J. Adams) Status Report and Joint Request for Extension of Stay (filed via facsimile).
Mar. 10, 1999 Order Granting Stay sent out. (parties shall file status reports by 4/2/99)
Mar. 02, 1999 Nissan Motor Corporation in U.S.A.`s Supplemental Response in Opposition to South Nissan`s Motion for Stay (filed via facsimile).
Feb. 23, 1999 Letter to EHP from D. Bunch Re: Conference call filed via facsimile) filed.
Feb. 08, 1999 (Petitioner) Request for Oral Argument (filed via facsimile).
Feb. 03, 1999 Nissan`s Memorandum in Opposition to South`s Motion to Stay rec`d
Jan. 29, 1999 Letter to EHP from K. Russell (RE: notice of filing date) (filed via facsimile).
Jan. 28, 1999 Notice of Filing Exhibit 2 to Petitioner`s Amendment to Motion for Stay; Exhibit 2 (filed via facsimile).
Jan. 28, 1999 (Petitioner) Exhibit 1 (filed via facsimile).
Jan. 27, 1999 (Petitioner) Amendment to Motion for Stay (filed via facsimile).
Jan. 25, 1999 Letter to EHP from D. Bunch (RE: response to motion to stay) (filed via facsimile).
Jan. 25, 1999 (Petitioner) Motion for Stay (filed via facsimile).
Oct. 26, 1998 Proposed Recommended Order and Closing Argument of Petitioner, South Motors Nissan Company filed.
Oct. 20, 1998 (P. Martinez-Fraga) Proposed Recommended Order and Closing Argument of Petitioner, South Motors Nissan Company filed.
Oct. 20, 1998 Nissan Motor Corporation in U.S.A.`s Proposed Recommended Order; Appendix to Nissan Motor Corporation in U.S.A.`s Proposed Recommended Order filed.
Oct. 02, 1998 Order Denying Admission of Evidence sent out. (motion for admission of evidence is denied)
Sep. 25, 1998 (Respondent) Opposition to Motion for Admission of Evidence (filed via facsimile).
Sep. 24, 1998 (8) Transcript filed.
Sep. 18, 1998 (Petitioner) Motion for Admission of Evidence and Incorporated Memorandum of Law (filed via facsimile).
Sep. 11, 1998 CASE STATUS: Hearing Held.
Sep. 09, 1998 (Respondent) Corrected Notice of Relocation of Hearing (filed via facsimile).
Sep. 09, 1998 (Respondent) Notice of Relocation of Hearing (filed via facsimile).
Aug. 10, 1998 Order Rescheduling Hearing sent out. (hearing set for 9/11/98; 9:00am; Miami)
Aug. 03, 1998 Letter to EHP from P. Martinez-Fraga Re: Counsels available to conduct Mr. Del Vecchio`s examination on 9/11/98 filed.
Aug. 03, 1998 (Petitioner) Notice of Cancellation of Hearing (filed via facsimile).
Aug. 03, 1998 Letter to Judge Powell from Dean Bunch (filed via facsimile).
Jul. 21, 1998 Letter to EHP from P. Martinez-Fraga Re: Motion to compel attendance at trial filed.
Jul. 21, 1998 (Petitioner) Notice of Hearing (filed via facsimile).
Jul. 10, 1998 (Petitioner) Petition for Enforcement of Subpoena; South Motors` Motion for Entry of Order Compelling Attendance at Trial; Cover Letter filed.
Jul. 10, 1998 Nissan`s Reply to South Motors` Response to Nissan`s Motion to Dismiss (filed via facsimile).
Jun. 29, 1998 (Respondent) Exhibits (2 boxes, tagged) filed.
Jun. 26, 1998 Order Regarding the Appearance of Frank Delvecchio sent out.
Jun. 25, 1998 South Motor`s Memorandum of Law in Opposition to Sealing of Record and Closure of Trial Proceedings (filed w/judge at hearing) filed.
Jun. 22, 1998 Hearing Partially Held, continued to date not certain.
Jun. 22, 1998 Emergency petition for writ of prohibition is DENIED by the Third DCA filed.
Jun. 18, 1998 Letter to DOAH from Third DCA (RE: acknowledgement of appeal) filed.
Jun. 18, 1998 (Petitioner) Second Amended Response to Request for Admissions (filed via facsimile).
Jun. 17, 1998 Order Denying Oral Argument sent out.
Jun. 17, 1998 Order Denying Motion to Stay sent out.
Jun. 16, 1998 (Joint) Unilateral Prehearing Stipulation; (Petitioner) Exhibit List; (Petitioner) Witness List (filed via facsimile).
Jun. 16, 1998 (Nissan) Opposition to Petitioner`s Emergency Motion for Stay (filed via facsimile).
Jun. 16, 1998 (DCA) Order; (Petitioner) Emergency Petition for Writ of Prohibition (filed via facsimile).
Jun. 15, 1998 (Respondent) Notice of Filing Prehearing Stipulation; (Respondent) Prehearing Stipulation (filed via facsimile).
Jun. 15, 1998 Appendix to Petition for Writ of Prohibition filed.
Jun. 15, 1998 Amended Order Rescheduling Hearing as to Location Only sent out.
Jun. 15, 1998 Petitioner`s Emergency Motion for Stay and Emergency Oral Argument Requested (filed via facsimile).
Jun. 10, 1998 Order sent out. (re: rulings on admissions; respondent`s request for attorney`s fees & costs is denied)
Jun. 09, 1998 Petitioner`s Response to Respondent`s Emergency Motion for Protective Order (filed via facsimile).
Jun. 09, 1998 Order Denying Amended Motion for Recusal sent out.
Jun. 09, 1998 Order Denying Protective Order sent out.
Jun. 09, 1998 (Petitioner) Re-Notice of Taking Deposition of Thomas Hushek Pursuant to Agreement of Counsel filed.
Jun. 09, 1998 (James Adams) Re-Notice of Taking Deposition (filed via facsimile).
Jun. 09, 1998 (G. Lamelas) Re-Notice of Taking Deposition to Thomas Hushek Pursuant to Agreement of Counsel; Respondent`s Opposition to Petitioner`s Motion for Recusal (filed via facsimile).
Jun. 05, 1998 Petitioner`s Amended Motion for Recusal (filed via facsimile).
Jun. 05, 1998 (James Adams) Notice of Taking Deposition; (Respondent) Emergency Motion for Protective Order (filed via facsimile).
Jun. 03, 1998 Order Denying Motion for Recusal sent out.
Jun. 03, 1998 (James Adams) Revised Notice of Taking Deposition (filed via facsimile).
Jun. 02, 1998 (J. Adams) Notice of Taking Deposition filed.
Jun. 01, 1998 (James Adams) Notice of Taking Deposition (filed via facsimile).
Jun. 01, 1998 Petitioner`s Response to Respondent`s Second Motion to Deem Admitted its first request for Admissions and Memorandum of Law in Support thereof (filed via facsimile).
Jun. 01, 1998 Petitioner`s Motion for Recusal (filed via facsimile).
May 22, 1998 Respondent`s Motion to Deem Admitted Its First Requests for Admission and Memorandum in Support Thereof filed.
May 22, 1998 (Petitioner) Amended Response to Request for Admissions (filed via facsimile).
May 08, 1998 Order sent out. (petitioner to respond to amended first request for admissions within 7 days)
Apr. 23, 1998 Order Granting Continuance and Rescheduling Hearing sent out. (hearing set for June 22-26, 1998; 1:00pm; Miami)
Apr. 23, 1998 Letter to Parties from Dean Bunch (RE: response to motion) (filed via facsimile).
Apr. 23, 1998 (Petitioner) Motion to Continue Final Hearing (filed via facsimile).
Dec. 12, 1997 Order Granting Continuance and Rescheduling Hearing sent out. (hearing set for May 4-8, 1998; 10:30am; Miami)
Dec. 04, 1997 Joint Motion for Continuance (filed via facsimile).
Jun. 05, 1997 Order Granting Continuance and Rescheduling Hearing sent out. (hearing set for Dec. 15-19, 1997; 10:30am; Miami)
Jun. 03, 1997 Joint Motion for Continuance filed.
Jun. 02, 1997 (From P. Martinez-Fraga) Notice of Taking Deposition of Robert Thomas filed.
Jun. 02, 1997 Respondent Nissan Motor Corporation in U.S.A.`s Emergency Motion to Compel Production of Documents (filed via facsimile).
Jun. 02, 1997 (From K. Paretti) Re-Notice of Taking Deposition filed.
May 29, 1997 (Petitioner) Re-Notice of Taking Deposition of Thomas Hushek (filed via facsimile).
May 29, 1997 (Respondent) Notice of Filing of Prehearing Stipulation; (Joint) Prehearing Stipulation (filed via facsimile).
May 27, 1997 (From K. Paretti) Notice of Filing; Subpoena ad Testificandum (from J. Adams) filed.
May 27, 1997 (From P. Martinez-Fraga) Notice of Taking Deposition of Joe Ortega; Notice of Taking Deposition of Frank Wilson; Re-Notice of Taking Deposition filed.
May 27, 1997 (From J. Adams) Response to Respondent, Nissan Motor Corporation in U.S.A.`s Emergency Motion for Protective Order Regarding the Deposition of Thomas H. Eastwood (filed via facsimile).
May 27, 1997 Response of Respondent Nissan Motor Corporation in U.S.A. to Petitioner South Motors Nissan Company`s Expert Interrogatories filed.
May 27, 1997 Nissan Motor Corporation in U.S.A.`s Emergency Motion for Protective Order Regarding the Deposition of Thomas H. Eastwood filed.
May 23, 1997 (From K. Paretti) (3) Re-Notice of Taking Deposition filed.
May 23, 1997 (Respondent) Notice of Compliance With Rule 60Q-2.106(2) (filed via facsimile).
May 22, 1997 (From K. Paretti) Re-Notice of Taking Deposition filed.
May 21, 1997 (From K. Paretti) Re-Notice of Taking Deposition (Filed by Fax) filed.
May 21, 1997 (Plaintiff) Notice of Taking Deposition of Frank Wilson (filed via facsimile).
May 21, 1997 Petitioner`s Notice of Compliance With Section 60Q-2.016(2) in Support of Petitioner`s Motion for Continuance of Administrative Hearing filed.
May 21, 1997 (From P. Martinez-Fraga) Notice of Cancellation of Hearings Set for May 22, 1997 (Motion Calendar) (Filed by Fax) filed.
May 20, 1997 (Respondent) Amended Notice of Deposition (Filed by Fax) filed.
May 20, 1997 (From K. Paretti) Notice of Taking Deposition; Re-Notice of Taking Deposition filed.
May 20, 1997 (From P. Martinez-Fraga) Notice of Hearing (Motion Calendar); Notice of Hearing (Special Setting) filed.
May 20, 1997 South Motors` Motion to Compel William Alexander to Provide Deposition Testimony in Light of Improper Assertion of Attorney Client Privilege filed.
May 20, 1997 (From P. Martinez-Fraga) (2) Notice of Hearing (Motion Calendar); Plaintiff`s Motion to Compel Answers to Deposition Questions filed.
May 19, 1997 Petitioner`s Response to Respondent`s Motion to Deem Admitted Its First Request for Admissions and Memorandum of Law In Support Thereof (filed via facsimile).
May 19, 1997 Letter to EHP from D. Bunch Re: Oral argument on pending motions filed.
May 19, 1997 Nissan Motor Corporation in U.S.A.`s Response in Opposition to South Nissan`s Motion for Continuance filed.
May 19, 1997 (From K. Paretti) Notice of Filing; Subpoena Ad Testificandum (from J. Adams); Affidavit of Service filed.
May 19, 1997 Response of Respondent Nissan Motor Corporation In U.S.A. to South Motors` Motion to Compel William Alexander to Provide Deposition Testimony In Light of Improper Assertion of Attorney-Client Privilege (filed via facsimile).
May 19, 1997 Petitioner`s Notice of Compliance With Section 60Q-2.016(2) In Support of Petitioner`s Motion for Continuance of Administrative Hearing (filed via facsimile).
May 19, 1997 (Plaintiffs) Re-Notice of Taking Deposition (filed via facsimile).
May 16, 1997 (From K. Paretti) Notice of Taking Deposition filed.
May 16, 1997 (From K. Paretti) Re-Notice of Taking Deposition (filed via facsimile).
May 15, 1997 Plaintiff`s Motion to Compel Answers to Deposition Questions (filed via facsimile).
May 15, 1997 Petitioner`s Motion to Compel Answers to Deposition Questions (Filed by Fax) filed.
May 15, 1997 Petitioner`s Notice of Filing Original Executed Affidavit of Dr. Ronald Goldberg; Affidavit of Dr. Ronald Goldberg (Filed by Fax) filed.
May 15, 1997 South Motor`s Motion to Compel William Alexander to Provide Deposition Testimony in Light of Improper Assertion of Attorney Client Privilege (Filed by Fax) filed.
May 15, 1997 (Respondent) Notice of Deposition; Petitioner`s Motion for Continuance of Administrative Hearing (Filed by Fax) filed.
May 14, 1997 (Petitioner) Notice of Taking Deposition; of Joe Ortega; (Petitioner) Notice of Taking Deposition of Timothy Cowin; (Petitioner) Notice of Taking Deposition of Scott Jones; (Petitioner) Notice of Taking Deposition of Rob Kemp filed.
May 14, 1997 (Petitioner) Re-Notice of Taking Deposition of William Alexander Pursuant to Agreement of Counsel; (Plaintiff) Notice of Taking Deposition; (Plaintiff) Re-Notice of Taking Deposition filed.
May 14, 1997 (Petitioner) Corrected Re-Notice of Taking of Deposition to Robert Bucher Pursuant to Agreement of Counsel; (Petitioner) Re-Notice of Taking Deposition of Thomas Hushek Pursuant to Agreement of Counsel filed.
May 14, 1997 (Petitioner) Notice of Service of Answers to Third Set of Interrogatories filed.
May 08, 1997 (Petitioner) Notice of Taking Deposition of Scott Harrison; (Petitioner) Notice of Taking Deposition of Paul Knoche; (Petitioner) Notice of Taking Deposition of Frank Wilson; (Petitioner) Notice of Taking Deposition of William Alexander filed.
May 07, 1997 (Petitioner) Re-Notice of Taking Deposition of Thomas Hushek Pursuant to Agreement of Counsel (filed via facsimile).
May 07, 1997 (Petitioner) Re-Notice of Taking Deposition of William Alexander Pursuant to Agreement of Counsel (filed via facsimile).
May 07, 1997 (Petitioner) Corrected Re-Notice of Taking of Deposition of Robert Bucher Pursuant to Agreement of Counsel(filed via facsimile).
May 05, 1997 (Petitioner) Notice of Taking Deposition of Timothy Cowin filed via facsimile) filed.
May 05, 1997 (Petitioner) Notice of Taking Deposition of Scott Harrison; (Petitioner) Notice of Taking Deposition of Rob Kemp; (Petitioner) Notice of Taking Deposition of Scott Jones (filed via facsimile).
May 05, 1997 (Petitioner) Notice of Taking Deposition of Joe Ortega; (Petitioner) Notice of Taking Deposition of Frank Wilson; (Petitioner) Notice of Taking Deposition of Paul Knoche (filed via facsimile).
May 05, 1997 (Petitioner) Notice of Taking Deposition of James Foley filed.
May 05, 1997 (Petitioner) Notice of Taking Deposition of Thomas Holland; Notice of Taking Deposition of Ryan Alexander filed.
May 05, 1997 (Petitioner) Notice of Taking Deposition of Thomas Hushek; (Petitioner) Notice of Taking Deposition of Robert Bouckner (filed via facsimile).
May 05, 1997 (From K. Paretti) Notice of Taking Deposition; Re-Notice of Taking Deposition filed.
May 02, 1997 Notice of Withdrawal of Nissan Motor Corporation in U.S.A.`s Emergency Motion for Protective Order Regarding the Deposition of Patricia Brown filed.
May 02, 1997 Nissan Motor Corporation in U.S.A.`s Emergency Motion for Protective Order Regarding the Deposition of Patricia Brown; Nissan Motor Corporation in U.S.A.`s Emergency Motion for Protective Order Regarding the Deposition of Patricia Brown filed.
Apr. 30, 1997 (From K. Paretti) Notice of Taking Deposition filed.
Apr. 21, 1997 (Petitioner) Response to Request for Production; Response to Request for Admissions; Notice of Service of Answers to Interrogatories filed.
Apr. 17, 1997 Order sent out. (emergency motion to invalidate is denied; ruling on the cross-motion to compel F. Vilaomat`s attendance at deposition is reserved)
Apr. 17, 1997 Order sent out. (motion to supplement is denied)
Apr. 11, 1997 (Petitioner) Notice of Service of Expert Interrogatories; Expert Interrogatories filed.
Mar. 17, 1997 (Respondent) Response to Second Request for Production of Documents; Notice of Deposition; Subpoena Duces Tecum (from D. Bunch) filed.
Mar. 13, 1997 (Respondent) Amended Notice of Deposition (filed via facsimile).
Mar. 12, 1997 Notice of Compliance (Petitioner) filed.
Mar. 10, 1997 (Petitioner) Response to Respondent Nissan Motor Corporation in U.S.A.`s Motion for Supplement Prehearing Order (filed via facsimile).
Mar. 07, 1997 Respondent Nissan Motor Corporation In U.S.A.`s Second Set of Interrogatories to Petitioner filed.
Mar. 07, 1997 Respondent Nissan Motor Corporation In U.S.A.`s First Request for Admissions to Petitioner; Respondent Nissan Motor Corporation In U.S.A.`s Second Request for the Production of Documents and Things From Protection filed.
Mar. 04, 1997 Respondent Nissan Motor Corporation in USA`s Motion for Supplemental Prehearing Order; (Petitioner) Supplemental Prehearing Order (for judge signature) filed.
Feb. 25, 1997 Order (Emergency Motion to invalidate is Moot) sent out.
Feb. 25, 1997 Order (Motion to Compel is Denied) sent out.
Feb. 25, 1997 Order (Motion for protection is denied) sent out.
Feb. 25, 1997 Response of Respondent Nissan Motor Corporation In USA to Felipe Violomat`s Emergency Motion to Invalidate Subpoena and Cross Motion to Compel Attendance at Deposition filed.
Feb. 11, 1997 Petitioner, South Motors Nissan Company's Second Request for Production of Documents From Respondent, Nissan Motor Corporation in U.S.A. filed.
Feb. 10, 1997 Petitioner, South Motors Nissan Company's Second Request for Production of Documents From Respondent, Nissan Motor Corporation in U.S.A. filed.
Feb. 07, 1997 (Petitioner) Re-Notice of Taking Deposition of Frank Del Vecchio (filed via facsimile).
Jan. 29, 1997 (Joint) Settlement Agreement filed.
Jan. 23, 1997 (Petitioner) Notice of Taking Deposition of Frank Del Vecchio (filed via facsimile).
Jan. 22, 1997 Order Granting Continuance and Rescheduling Hearing sent out. (hearing reset for June 2-6, 1997; 10:30am; Miami)
Jan. 16, 1997 Joint Motion for Continuance of Final Hearing (filed via facsimile).
Jan. 15, 1997 (Felipe Violomat) Emergency Motion to Invalidate Subpoena Duces Tecum (filed via facsimile).
Jan. 15, 1997 Nissan Motor Corporation In U.S.A`s Opposition to South Motors Nissan Company`s Motion for Protective Order filed.
Jan. 06, 1997 South Motors v. Nissan Motor Corporation in U.S.A. Privilege Log w/cover letter filed.
Jan. 03, 1997 (Petitioner) Motion for Protective Order filed.
Dec. 30, 1996 (Respondent) Notice of Deposition (filed via facsimile).
Dec. 30, 1996 Response of Nissan Motor Corporation in U.S.A. to Petitioner`s Motion to Compel filed.
Dec. 20, 1996 Second Order Granting Extension of Time sent out. (motion granted)
Dec. 20, 1996 (Respondent) Unopposed Motion for Extension of Time to Respond to Motion to Compel (filed via facsimile).
Dec. 19, 1996 Order Granting Extension of Time sent out. (motion granted)
Dec. 19, 1996 (Respondent) Notice of Subpoena for Production of Documents and Things Without Deposition; Subpoena Duces Tecum (from D. Bunch) filed.
Dec. 12, 1996 (Respondent) Unopposed Motion for Extension of Time to Respond to South's Motion to Compel (filed via facsimile).
Dec. 09, 1996 (Petitioner) Second Set of Interrogatories to Nissan Motor Corporation in U.S.A.; Interrogatories filed.
Dec. 09, 1996 Petitioner's Motion to Compel filed.
Oct. 18, 1996 (Petitioner) Notice of Service of Answers to Interrogatories filed.
Oct. 01, 1996 Respondent's Answers And Objections to Petitioner's First Set of Interrogatories; (Respondent) Response to First Request for Production of Documents filed.
Sep. 30, 1996 (Petitioner) Response to Request for Production filed.
Sep. 13, 1996 Order sent out. (request for abeyance is denied)
Sep. 13, 1996 Notice of Hearing sent out. (hearing set for March 17-21, 1997; Miami; 10:00am)
Sep. 13, 1996 Prehearing Order sent out.
Aug. 26, 1996 Notice of Appearance on Behalf of South Motors Nissan Company filed.
Aug. 06, 1996 Respondent Nissan Motor Company In U.S.A.'s First Set of Interrogatories And First Set of Document Requests to Petitioner South Motors Nissan Company; Nissan's First Set of Interrogatories to Petitioner; Nissan's First Request for The Production of Docume
Aug. 05, 1996 Petitioner, South Motors Nissan Company's First Set of Interrogatories to Respondent, Nissan Motor Corporation in U.S.A. filed.
Aug. 05, 1996 Petitioner, South Motors Nissan Company's First Request for Production of Documents from Respondent, Nissan Motor Corporation in U.S.A. filed.
Jul. 22, 1996 (Joint) Response to Initial Order filed.
Jul. 12, 1996 Agency referral letter; Complaint; Letter to South Motors Nissan from Nissan Motor Corp. (re: notification of termination of agreement); Nissan Dealer Sales and Service Agreement Standard Provisions filed.
Jul. 12, 1996 Initial Order issued.
Petitioner, South Motors Nissan Company's Second Request for Production of Documents From Respondent, Nissan Motor Corporation in U.S.A. filed.
(From K. Paretti) Notice of Taking Deposition filed.
(From K. Paretti) Notice of Taking Deposition; Re-Notice of Taking Deposition filed.
(From K. Paretti) Re-Notice of Taking Deposition filed.
Source:  Florida - Division of Administrative Hearings

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