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EASTLAKE MEMORIAL GARDENS, INC. vs BUREAU OF FUNERAL AND CEMETERY SERVICES, 98-001971 (1998)

Court: Division of Administrative Hearings, Florida Number: 98-001971 Visitors: 18
Petitioner: EASTLAKE MEMORIAL GARDENS, INC.
Respondent: BUREAU OF FUNERAL AND CEMETERY SERVICES
Judges: WILLIAM R. CAVE
Agency: Department of Financial Services
Locations: Tallahassee, Florida
Filed: Apr. 24, 1998
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, February 23, 1999.

Latest Update: Dec. 23, 2024

Docket for Case No: 98-001971
Issue Date Proceedings
Mar. 11, 1999 Case(s): 98-001972
Feb. 23, 1999 Order Closing File and Relinquishing Jurisdiction sent out. CASE CLOSED.
Feb. 22, 1999 (M. Herron) Notice of Dismissal (filed via facsimile).
Feb. 22, 1999 (Trinity Memorial Cemetery, Inc.) Notice of Voluntary Dismissal filed.
Feb. 22, 1999 Stipulation to Relinquishment of Jurisdiction Signed "Signature Page" (filed via facsimile).
Feb. 22, 1999 Notice of Voluntary Dismissal (Trinity Memorial Cemetery) (filed via facsimile).
Feb. 19, 1999 (Joint) Stipulation to Relinquishment of Jurisdiction; Order Relinquishing Jurisdiction and Closing File (for judge signature) Cover Letter (filed via facsimile).
Jan. 29, 1999 Notice of Hearing sent out. (hearing set for Feb. 22-26, 1999; 9:00am; Tallahassee)
Jan. 15, 1999 Letter to WRC from J. Wharton Re: Status Report filed.
Jan. 15, 1999 (Eastlake) Status Report (filed via facsimile).
Jan. 14, 1999 Department`s Response to Order of Status Report filed.
Dec. 17, 1998 Order of Continuance and Status Report sent out. (12/7/98 hearing cancelled; parties to provide status report by 1/15/99)
Dec. 11, 1998 (Florida Cemetary Assn., Inc.) Motion in Limine Regarding Testimony of Ross McVoy filed. (filed with Judge at hearing)
Dec. 11, 1998 (FCA) Corrected Motion in Limine Regarding Testimony of Ross McVoy filed.
Dec. 11, 1998 Subpoena ad Testificandum (J. Tew); Verified Return of Service of Lew Friedland; Subpoena Duces Tecum; Verified Return of Service Larry Sloan filed.
Dec. 10, 1998 Notice of Taking Deposition Duces Tecum; Subpoena Ad Testificandum; Certificate of Service; (J. Jorczak) Affidavit filed. (filed at hearing with Judge)
Dec. 08, 1998 (J. Gills) Motion to Quash Subpoena filed.
Dec. 07, 1998 East Lake Memorial Gardens, Inc.`s Motion to Compel Deposition of Witness Larry Sloan filed.
Dec. 04, 1998 East Lake Memorial Gardens, Inc.`s Response to Joint Motion in Limine (filed via facsimile).
Dec. 04, 1998 Petitioner`s Notice to Produce at License Application Hearing filed.
Dec. 04, 1998 (J. Wharton) 6/Subpoena Duces Tecum filed.
Dec. 03, 1998 (Trinity) Amendment to Joint Motion in Limine filed.
Dec. 03, 1998 (Trinity) Notice of Cancelling Hearing and Notice of Hearing filed.
Dec. 02, 1998 Trinity`s Response to East Lake`s Motion to Compel Deposition filed.
Dec. 02, 1998 (Petitioner) Notice of Filing in Support of Response to Joint Motion in Limine; Excertps from Deposition of Robert Pierce Taken 10/6/98 & 11/10/98 filed.
Dec. 01, 1998 (Trinity) Motion to Compel or, in the Alternative, Motion to Enforce Subpoena Duces Tecum filed.
Nov. 30, 1998 (Joint) Prehearing Stipulation filed.
Nov. 30, 1998 (J. Wharton) Subpoena Duces Tecum filed.
Nov. 30, 1998 (Trinity) Notice of Hearing filed.
Nov. 30, 1998 (L. Pappas) Notice of Filing filed.
Nov. 24, 1998 Joint Motion in Limine filed.
Nov. 24, 1998 (C. Bentley) (3) Notice of Taking Deposition Duces Tecum; Notice of Taking Depositions Duces Tecum filed.
Nov. 18, 1998 (John Wharton) Amended Notice of Taking Deposition Duces Tecum filed.
Nov. 17, 1998 Trinity`s Response in Opposition to Request for Judicial Notice filed.
Nov. 16, 1998 (J. Wharton) Amended Notice of Taking Depositions Duces Tecum filed.
Nov. 13, 1998 Order sent out. (re: rulings from telephonic hearing; re: subpoenas/production of documents)
Nov. 12, 1998 (Trinity) Notice of Telephonic Hearing filed.
Nov. 12, 1998 (Trinity Memorial) Notice of Taking Depositions Duces Tecum filed.
Nov. 12, 1998 (Jo Lynn Jorczak) 15/Subpoena Duces Tecum (blank); (Jo Lyn Jorczak) 15/Subpoena Ad Testificandum (blank); Cover Letter filed.
Nov. 10, 1998 (Louis Pappas) Motion for Protective Order and Motion to Quash Subpoena filed.
Nov. 10, 1998 Trinity`s Response to East Lake`s Motion to Compel Answers to First Set of Interrogatories; Trinity`s Response to East Lake`s Motion to Compel Production of Documents filed.
Nov. 10, 1998 Department`s Response in Opposition to East Lake`s Amended Motion for Partial Summary Judgment filed.
Nov. 10, 1998 Trinity`s Response in Opposition to East Lake`s Amended Motion for Partial Summary Judgment filed.
Nov. 09, 1998 (East Lake) Request for Judicial Notice filed.
Nov. 04, 1998 East Lake Memorial Garden`s Motion to Compel Production of Documents Requested from Trinity Memorial Gardens, Inc. (filed via facsimile).
Nov. 04, 1998 East Lake Memorial Garden`s Motion to Compel Answers to East Lake Memorial Garden`s First Set of Interrogatories to Trinity Memorial Gardens, Inc. (filed via facsimile).
Nov. 04, 1998 Trinity`s Response to East Lake`s Motion to Compel Responses to Deposition Questions by Lew Friedland filed.
Nov. 04, 1998 Dr. James Gills` Response to East Lake`s Motion to Compel Responses to Deposition Questions by James Gills filed.
Nov. 02, 1998 (Trinity Memorial) Amended Notice of Taking Deposition Duces Tecum filed.
Nov. 02, 1998 Petitioner/East Lake Memorial Garden`s Amended Motion forPartial Summary Judgment filed.
Nov. 02, 1998 Petitioner`s Response to Trinity Memorial Gardens` First Request for Admissions; Petitioner East Lake Memorial Garden`s Memorandum of Law in Support of Its Amended Motion for Partial Summary Judgment filed.
Nov. 02, 1998 (East Lake Memorial Gardens, Inc.) Notice of Service of Response to Trinity`sThird Request for Production of Documents filed.
Nov. 02, 1998 Petitioner/East Lake Memorial Garden`s Answers to Trinity Memorial Cemetery, Inc.`sThird Set of Interrogatories filed.
Nov. 02, 1998 Notice of Service of Petitioner/East Lake Memorial Garden`s Answers to Trinity Memorial Cemetery, Inc.`s Third Set of Interrogatories filed.
Oct. 30, 1998 East Lake Memorial Gardens` Motion to Compel Responses to Deposition Questions by James Gills, M.D. filed.
Oct. 30, 1998 East Lake Memorial Gardens` Motion to Compel Responses to Deposition Questions by Lew Friedland filed.
Oct. 28, 1998 East Lake Memorial Garden`s Response to Trinity`s Motion to Compel Further Responses to Interrogatories (filed via facsimile).
Oct. 22, 1998 (Trinity) 3/Notice of Taking Deposition Duces Tecum filed.
Oct. 21, 1998 Trinity`s Motion to Compel Further Responses to Interrogatories From Eastlake Memorial Gardens, Inc. filed.
Oct. 14, 1998 Trinity Memorial Gardens` First Request for Admissions by Eastlake Memorial Gardens, Inc. filed.
Oct. 14, 1998 (Trinity Memorial Cementery) Notice of Service of Interrogatories; Trinity Memorial Gardens` Third Request for Production of Documents Upon East Lake Memorial Gardens, Inc. filed.
Oct. 13, 1998 Notice of Service of Response to Trinity`s Second Request for Production of Documents; (Petitioner) Response to Trinity`s Second Request for Production of Documents filed.
Oct. 13, 1998 Petitioner/Eastlake Memorial Garden`s Answers to Trinity Memorial Cemetery, Inc.`s Second Set of Interrogatories filed.
Oct. 13, 1998 Notice of Service of Petitioner/East Lake Memorial Garden`s Answers to Trinity Memorial Cemetery, Inc.`s Second Set of Interrogatories filed.
Oct. 09, 1998 (Dr. James Gills) Motion for Protective Order; (Trinity Memorial) Motion for Protective Order filed.
Oct. 06, 1998 (Trinity Memorial) Notice of Response to East Lake`s First Set of Interrogatories to Trinity Memorial Cemetery, Inc. filed.
Oct. 06, 1998 (Trinity Memorial) Notice of Service of Response to East Lake`s First Set of Interrogatories Propounded to Trinity Memorial Cemetery, Inc. filed.
Oct. 01, 1998 (Trinity Memorial Cemetery, Inc.) Response to East Lake Memorial Gardens, Inc.`s First Request for Production of Documents filed.
Oct. 01, 1998 Subpoena Duces Tecum (J. Tew); Verified Return of Servicefiled.
Sep. 18, 1998 Order sent out. (Motions for Protective Order are Granted Filed by Jireh & On Behalf of Adam Smith)
Sep. 18, 1998 Order sent out. (Rulings on Pending Motions from 8/7/98 Motion Hearing Held)
Sep. 18, 1998 Order sent out. (East Lake`s Motion to Compel is Denied w/o Prejudice)
Sep. 18, 1998 Order sent out. (North Meadowlawn & Curlew Motions for Protective Order are Granted)
Sep. 16, 1998 Order sent out. (East Lake Memorial Garden`s Motion to Disqualify Administrative Law Judge is Denied)
Sep. 14, 1998 Notice of Filing; (I Volume) DOAH Court Reporter Final Hearing Transcript filed.
Sep. 10, 1998 (Petitioner) Notice of Taking Deposition of Ross McVoy Duces Tecum; (Petitioner) Cross Notice of Taking Deposition of Ross McVoy Duces Tecum (filed via facsimile).
Sep. 09, 1998 Trinity`s Response in Opposition to East Lake`s Motion to Disqualify Administrative Law Judge filed.
Sep. 09, 1998 Department`s Response in Opposition to Petitioner`s Motion to Disqualify Administrative Law Judge filed.
Sep. 08, 1998 Trinity Memorial Gardens` Second Request for Production of Documents Upon East Lake Memorial Gardens, Inc. filed.
Sep. 08, 1998 (Trinity Memorial Cemetery) Notice of Service of Interrogatories filed.
Sep. 08, 1998 (Trinity) Response to Motion for Protective Order and Motion to Quash Subpoena filed.
Sep. 04, 1998 Petitioner/East Lake Memorial Garden`s First Request for Production of Documents to Trinity Memorial Gardens filed.
Sep. 04, 1998 (East Lake Memorial Gardens, Inc.) Notice of Service of First Set of Interrogatories Upon Trinity Memorial Gardens, Inc.; Notice of Service of First Set of Expert Interrogatories filed.
Sep. 02, 1998 Petitioner/Respondent East Lake Memorial Garden`s Motion to Disqualify Administrative Law Judge (filed via facsimile).
Aug. 27, 1998 Letter to R. Beitler from Joel Tew (RE: response to letter of 8/26/98 to Mr. Atkinson) (filed via facsimile).
Aug. 27, 1998 Amended Notice of Taking Deposition of Walsh Amended Notice of Taking Deposition Duces Tecum of Evans and Harper (filed via facsimile).
Aug. 27, 1998 Letter to Lee Atkinson from Robert Beitler (RE: response to taking deposition of Terry Walsh) (filed via facsimile).
Aug. 26, 1998 Second Notice of Hearing sent out. (hearing set for Dec. 7-11 & 14-18, 1998; 9:00 am; Tallahassee)
Aug. 26, 1998 Prehearing Order sent out.
Aug. 26, 1998 (Petitioner) Notice of Taking Deposition of Harper and Walsh Notice of Taking Deposition Duces Tecum of Evans; Subpoena Duces Tecum (J. Tew); Amended Notice of Taking Depositions Duces Tecum; Return of Service filed.
Aug. 24, 1998 Letter to WRC from T. Walsh (RE: mutually available hearing dates) (filed via facsimile).
Aug. 24, 1998 (Petitioner) Notice of Taking Deposition of Harper and Walsh Notice of Taking Deposition Duces Tecum of Evans (filed via facsimile).
Aug. 24, 1998 (Louis Pappas) Motion for Protective Order and Motion to Quash Subpoena filed.
Aug. 21, 1998 Subpoena Duces Tecum (J. Tew); Return of Service filed.
Aug. 21, 1998 Notice of Filing; (Volume I of I) DOAH Court Reporter Final Hearing Transcript filed.
Aug. 21, 1998 (2 Volumes Transcript) Motion Hearing filed.
Aug. 20, 1998 Letter to WRC from M. Herron Re: Proposed Order prepared by Trinity Memorial Cemetery filed.
Aug. 20, 1998 Order of Continuance and Status Report sent out. (8/24/98 hearing cancelled; parties to file suggested hearing information by 8/26/98)
Aug. 20, 1998 Notice of Cancellation of Hearing on Petitioner Respondent East Lake Memorial Garden`s Motion for Partial Summary Judgment (filed via facsimile).
Aug. 19, 1998 (East Lake Memorial Gardens) Amended Notice of Taking Depositions Duces Tecum filed.
Aug. 18, 1998 (2 Volumes) CondenseIt Motion Hearing (Transcript) filed.
Aug. 18, 1998 (Trinity) Motion to Quash Subpoena and Motion for Protective Order filed.
Aug. 18, 1998 (B. Hill) Notice of Hearing (filed via facsimile).
Aug. 18, 1998 (SCI) Emergency Motion for Protective Order (filed via facsimile).
Aug. 18, 1998 (SCI) Order (for judge signature); Cover Letter (filed via facsimile).
Aug. 17, 1998 Petitioner/East Lake Memorial Garden`s Motion to Compel filed.
Aug. 14, 1998 (7) Subpoena for Deposition Duces Tecum; (7) Notice of Taking Depositions Duces Tecum; (12) Return of Service; (4) Subpoena for Deposition; Subpoena Duces Tecum filed.
Aug. 14, 1998 (Trinity Memorial Cemetery, Inc.) Subpoena for Deposition Duces Tecum; Notice of Taking Deposition Duces Tecum; Return of Service filed.
Aug. 14, 1998 (East Lake Memorial Garden) (9) Subpoena for Deposition; (9) Notice of Taking Depositions Duces Tecum; (9) Return of Service filed.
Aug. 14, 1998 (Trinity Memorial Cemetery, Inc.) Objection to Production Pursuant to Subpoena; Objection to Production of Documents Pursuant to Subpoena; Notice Canceling Deposition Duces Tecum filed.
Aug. 14, 1998 (D. Tremor) (Proposed) Order filed.
Aug. 13, 1998 Notice of Hearing (Petitioner) (filed via facsimile).
Aug. 13, 1998 (J. Wharton) Notice of Taking Deposition Duces Tecum filed.
Aug. 12, 1998 (T. Nash) Objection to Hearing Date (filed via facsimile).
Aug. 12, 1998 (East Lake Memorial Gardens) Notice of Service of Supplemental Answers to Interrogatories; East Lake Memorial Gardens, Inc.`s Supplemental Answers to Interrogatories filed.
Aug. 11, 1998 (East Lake Memorial Gardens) Amended Notice of Taking Deposition filed.
Aug. 11, 1998 (East Lake Memorial Gardens) Amended Notice of Taking Deposition Duces Tecum; (5) Amended Notice of Taking Depositions Duces Tecum (filed via facsimile).
Aug. 11, 1998 Letter to J. Tew from L. Frieda Re: Unavailable for conference call on 8/17 (filed via facsimile).
Aug. 11, 1998 (M. Herron) Notice of Joinder With Response of Department of Banking and Finance in Opposition to Motion for Partial Summary Judgment by East Lake Memorial Gardens, Inc. filed.
Aug. 11, 1998 (Trinity Memorial) Notice of Taking Deposition Duces Tecum filed.
Aug. 10, 1998 East Lake Memorial Gardens, Inc.`s Supplemental Answers to Interrogatories filed.
Aug. 10, 1998 Department`s Response in Opposition to Petitioner`s Motion for Partial Summary Judgment filed.
Aug. 10, 1998 (J. Tew) Second Amended Notice of Hearing; Amended Notice of Hearing (8/7/98; 10:00 a.m.) filed.
Aug. 10, 1998 (R. Hightower) Motion for Protective Order/Objection to Subpoena Duces Tecum filed.
Aug. 10, 1998 Trinity`s Response in Opposition to East Lake`s Motion for Partial Summary Judgment filed.
Aug. 10, 1998 (J. Wharton) Amended Notice of Taking Depositions; Notice Canceling Deposition Duces Tecum filed.
Aug. 07, 1998 (J. Page) Motion for Protective Order (filed via facsimile).
Aug. 07, 1998 (R. Hightower) Objection to Amended Notice of Hearing filed.
Aug. 07, 1998 (M. Hale) Objection to Scheduling of Hearing filed.
Aug. 07, 1998 (SCI Funeral) Motion to Quash Subpoena, or in the Alternative, Motion for Protective Order (filed via facsimile).
Aug. 06, 1998 (Petitioner) Notice of Taking Depositions Duces Tecum; Notice of Hearing ( 8/7/98; 10:00 a.m.) filed.
Aug. 06, 1998 (M. Hale) Motion for a Protective Order and Objection to Subpoena filed.
Aug. 05, 1998 Trinity`s Response to East Lake`s Motion for Protective Order filed.
Aug. 05, 1998 (Adam Smith) Objection to Amended Notice of Hearing (filed via facisimile) filed.
Aug. 05, 1998 Trinity Memorial Cemetery, Inc.`s Motion for Protective Order and Objection to Production filed.
Aug. 05, 1998 (East Lake Memorial Gardens, Inc.) (2) Notice of Taking Deposition Duces Tecum; Subpoena for Deposition Duces Tecum (filed via facsimile).
Aug. 05, 1998 (R. Hightower) Motion for Protective Order/Obejction to Subpoena Duces Tecum (filed via facisimile) filed.
Aug. 04, 1998 (Trinity) Notice of Hearing filed.
Aug. 03, 1998 (Trinity Memorial) Notice of Taking Deposition Duces Tecum filed.
Jul. 31, 1998 (Petitioner) Notice of Taking Deposition; Notice of Taking Deposition Duces Tecum; (3) Notice of Taking Depositions Duces Tecum filed.
Jul. 31, 1998 Curlew Hills Memory Garden, Inc.`s Motion for Protective Order filed.
Jul. 31, 1998 Petitioner/East Lake Memorial Garden`s Motion for Protective Order filed.
Jul. 30, 1998 (J. Wharton) (2) Subpoena for Deposition Duces Tecum; (2) Return of Service filed.
Jul. 30, 1998 (J. Mills) Affidavit in Support of Motion for Summary Order and Partial Summary Judgment filed.
Jul. 30, 1998 Petitioner/East Lake Memorial Garden`s Motion for Partial Summary Judgment; Petitioner East Lake Memorial Garden`s Memorandum of Law in Support of Its Motion for Partial Summary Judgment filed.
Jul. 30, 1998 (Petitioner) Notice of Taking Deposition (filed via facsimile).
Jul. 29, 1998 (Petitioner) 2/Notice of Taking Deposition Duces Tecum (filed via facsimile).
Jul. 29, 1998 (Petitioner) Notice of Taking Deposition Duces Tecum (filed via facsimile).
Jul. 29, 1998 Petitioner/East Lake Memorial Garden`s Motion for Protective Order (filed via facsimile).
Jul. 22, 1998 (Trinity) Motion to Compel Responses to Request for Production; (Trinity) Motion to Compel Responses to Interrogatories filed.
Jul. 22, 1998 (Allen Moayad) Notice of Appearance (filed via facsimile).
Jul. 21, 1998 (J. Wharton) Notice of Taking Deposition Duces Tecum filed.
Jul. 20, 1998 (Petitioner) Notice of Service of Answers to Interrogatories; East Lake Memorial Gardens` Response to Trinity`s Request for Production of Documents filed.
Jul. 17, 1998 (Trinity Memorial) Amended Notice of Taking Depositions Duces Tecum (As to location only); Amended Notice of Taking Depositions filed.
Jul. 07, 1998 (Trinity Memorial Cemetery, Inc.) Notice of Taking Depositions Duces Tecum filed.
Jun. 26, 1998 (Petitioner) Notice of Taking Deposition Duces Tecum; Notice of Taking Depositions filed.
Jun. 16, 1998 Trinity Memorial Cemetery, Inc.`s Request for Production of Documents Upon East Lake Memorial Gardens, Inc.; Notice of Service of Interrogatories filed.
May 18, 1998 Notice of Hearing sent out. (hearing set for Aug. 24-28, 1998; 9:00 am; Tallahassee)
May 14, 1998 Order of Consolidation sent out. (Consolidated cases are: 98-1971 & 98-1972) CONSOLIDATED CASE NO - CN002951
May 12, 1998 Order Granting Leave to Intervene sent out. (for Trinity Memorial Cemetery, Inc., Florida Cemetery Assn. & Curlew Hills Memory Gardens)
May 11, 1998 (Respondent) Response to Initial Order and Motion for Consolidation (filed via facsimile).
May 11, 1998 (Petitioner) Certificate of Service; Petitioner`s First Set of Interrogatories to Respondent, Department of Banking and Finance filed.
May 08, 1998 (Florida Cemetery Association, Inc., Curlew Hills Memory Gardens, Inc., East Lake Memorial Gardens, Inc.) Petition for Leave to Intervene filed.
May 05, 1998 (Trinity) Petition for Leave to Intervene filed.
May 01, 1998 Initial Order issued.
Apr. 24, 1998 Agency Referral Letter; Petition for Formal Administrative Proceedings (exhibits); Agency Action Letter filed.
(J. Wharton) Notice of Taking Deposition Duces Tecum filed.
(Trinity) Notice of Hearing filed.
(Trinity Memorial) Notice of Taking Deposition Duces Tecum filed.
(Louis Pappas) Motion for Protective Order and Motion to Quash Subpoena filed.
Source:  Florida - Division of Administrative Hearings

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