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VOLKSWAGEN OF AMERICA, INC. AND ARISTOCRAT VOLKSWAGEN EAST, INC. vs CLASSIC VW, 06-002631 (2006)

Court: Division of Administrative Hearings, Florida Number: 06-002631 Visitors: 7
Petitioner: VOLKSWAGEN OF AMERICA, INC. AND ARISTOCRAT VOLKSWAGEN EAST, INC.
Respondent: CLASSIC VW
Judges: R. BRUCE MCKIBBEN
Agency: Department of Highway Safety and Motor Vehicles
Locations: Orlando, Florida
Filed: Jul. 19, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, November 8, 2007.

Latest Update: Oct. 04, 2024
STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DOAH CASE NO.: 06-2631 FINAL ORDER #: HSMV-07-1549-S-DMV VOLKSWAGEN OF AMERICA, INC., AND ARISTOCRAT VOLKSWAGEN EAST, INC., Petitioners, vs. CLASSIC VW, Respondent. / FINAL ORDER This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by R. Bruce McKibben, an Administrative Law Judge of the Division of Administrative Hearings, a copy of which is attached and incorporated by reference in this order. The Department hereby adopts the Order Closing File as its Final Order in this matter. Accordingly, it is ORDERED and ADJUDGED that the Department’s file in this matter is closed. DONE AND ORDERED this LE day of December, 2007, in Tallahassee, Leon County, . Florida. Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399 Filed with the Clerk of the Division Motor Vehicles this lA £* day of December, 2007. 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: J, Martin Hayes, Esquire Myers and Fuller, P.A. 2822 Remington Green Circle Tallahassee, Florida 32308 William Larry Bishop 850 Dyson Drive Winter Springs, Florida 32708 John W. Forehand, Esquire Lewis, Longman and Walker, P.A. 2600 Centennial Place, Suite 100 Tallahassee, Florida 32308 Richard S. Davis, Esquire Foley and Lander, LLP 111 North Orange Avenue, Suite 1800 Orlando, Florida 32801 Mary B. Meeks, Esquire Carlton Fields 450 South Orange Avenue, Suite 500 Orlando, Florida 32801 Stephanie M. Zimdahl, Esquire Barack, Ferranzzano, Kirschbaum Perlman and Nagelberg, LLP 200 West Madison Street, Suite 3900 Chicago, Illinois 60606 R. Bruce McKibben Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Nalini Vinayak Dealer License Administrator Florida Administrative Law Reports Post Office Box 385 Gainesville, Florida 32602 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS AND ARISTOCRAT VOLKSWAGEN AST, ) RECEIVED Cc. mr NOW 18 nr Petitioners, oo eel oe Ven vs. ) Case No. 06-2631 CLASSIC VW, Respondent. ) ORDER OF SEVERANCE AND CLOSING FILE This cause having come before the undersigned on . Respondent's Notice of Voluntary Dismissal, filed November 7, 2007, and the undersigned being fully advised, it is, therefore, ORDERED that: 1. This matter is hereby severed from DOAH Case No. 06-2632. 2. The final hearing in DOAH Case No. 06-2631 (only) scheduled for November 13 through 16 and November 19, 2007, is hereby canceled. 3. The file of the Division of Administrative Hearings in the above-captioned matter is hereby closed. Jurisdiction is hereby relinquished to the Department of Highway Safety and Motor Vehicles. DONE AND ORDERED this 8th day of November, 2007, in Tallahassee, Leon County, Florida. RGN. R. BRUCE MCKIBBEN Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 8th day of November, 2007. COPIES FURNISHED: Michael J. Alderman, Esquire Department of Highway Safety _ and Motor Vehicles Neil Kirkman Building, Room A-432 2900 Apalachee Parkway Tallahassee, Florida 32399-0635 J. Martin Hayes, Esquire Myers & Fuller, P.A. 2822 Remington Green Circle Tallahassee, Florida 32308 William Larry Bishop 85G Dyson Drive Winter Springs, Florida 32708 John W. Forehand, Esquire Lewis, Longman & Walker, P.A. 2600 Centennial Place, Suite 100 Tallahassee, Florida 32308 Richard S. Davis, Esquire Foley & Lardner LLP lil North Orange Avenue, Suite 1800 Orlando, Florida 32801 Mary B. Meeks, Esquire , Carlton Fields 450 South Orange Avenue, Suite 500 Orlando, Florida 32801 Stephanie M. Zimdahl, Esquire Barack, Ferranzzano, Kirschbaum Perlman & Nagelberg, LLP 200 West Madison Street, Suite 3900 Chicago, Illinois 60606

Docket for Case No: 06-002631
Issue Date Proceedings
Jan. 06, 2009 Transmittal letter from Claudia Llado forwarding the fifteen-volume Transcript, along with Petitioners` and Respondent`s Exhibits, and the Hearing Report of Joseph F. Roesner to the agency (under case no. 06-2632).
Sep. 04, 2008 CASE STATUS: Motion Hearing Held.
Jun. 23, 2008 Transcript (Volumes X-XV) filed.
Jan. 24, 2008 Transcript (Volumes 1-9) filed.
Dec. 13, 2007 Final Order filed.
Nov. 08, 2007 Order of Severance and Closing File. CASE CLOSED.
Nov. 07, 2007 Notice of Voluntary Dismissal filed.
Nov. 07, 2007 Pre-Hearing Stipulation of Petitioners and Respondent filed.
Nov. 05, 2007 Order Accepting Qualified Representative.
Oct. 31, 2007 Volkswagen of America Inc.`s Request for Stephanie M. Zimdahl to be Approved as its Qualified Representative filed.
Oct. 24, 2007 Notice of Appearance (filed by J. Baum).
Oct. 12, 2007 Notice of Deposition filed.
Sep. 26, 2007 Respondent`s Second Requests for Production to Petitioner, Volkswagen of America, Inc. filed.
Sep. 13, 2007 Notice of Deposition filed.
Sep. 12, 2007 Notice of Deposition filed.
Aug. 31, 2007 Notice of Deposition filed.
Aug. 21, 2007 Notice of Change of Address filed.
Aug. 16, 2007 Notice of Deposition filed.
Jun. 12, 2007 Notice of Change of Name and Address filed.
Mar. 16, 2007 Order Granting Continuance and Re-scheduling Hearing (hearing set for November 13 through 16 and November 19, 2007; 9:00 a.m.; Orlando, FL).
Feb. 28, 2007 Aristocrat Volkswagen East, Inc.`s Objections and Responses to Respondent`s First Request for Documents filed.
Feb. 28, 2007 Aristocrat Volkswagen East, Inc.`s Objections and Answers to Respondent`s First Set of Interrogatories filed.
Feb. 28, 2007 Notice of Service of Aristocrat Volkswagen East, Inc.`s Answers to Respondent Classic VW`s First Set of Interrogatories filed.
Feb. 02, 2007 Notice of Deposition (of J. Hill and S. Farhat) filed.
Feb. 02, 2007 Notice of Deposition (of D. Hughes and M. King) filed.
Jan. 17, 2007 Respondent`s First Request for Documents to Petitioner, Aristocrat Volkswagen East, Inc. filed.
Jan. 17, 2007 Respondent`s Notice of Serving First Interrogatories to Petitioner, Aristocrat Volkswagen East, Inc. filed.
Jan. 16, 2007 Petitioner Aristocrat Volkswagen East, Inc.`s Notice of Substitution of Counsel (filed by ).
Dec. 14, 2006 Order of Pre-hearing Instructions.
Dec. 14, 2006 Notice of Hearing (hearing set for June 11 through 15, 2007; 9:00 a.m.; Orlando, FL).
Nov. 03, 2006 Aristocrat Volkswagen East, Inc.`s Objections and Answers to Royal Automotive, Inc.`s First Set of Interrogatories filed.
Nov. 03, 2006 Aristocrat Volkswagen East, Inc.`s Objections and Responses to Royal Automotive, Inc.`s First Requests for Production filed.
Oct. 25, 2006 Classic VW`s Notice of Filing Answers to Volkswagen of America, Inc.`s First Set of Interrogatories to Classic VW filed.
Sep. 27, 2006 Agreed Protective Order filed.
Sep. 14, 2006 Notice of Appearance (filed by M. Meeks).
Aug. 31, 2006 Notice of Serving Responses to Petitioner`s First Set of Interrogatories to Respondent filed.
Aug. 24, 2006 Order Accepting Qualified Representative.
Aug. 16, 2006 Volkswagen of America Inc.`s Request for James R. Vogler, Randall L. Oyler and Steven J. Yatvin to be Approved as its Qualified Representatives filed.
Aug. 15, 2006 Respondent`s Notice of Service of First Set of Interrogatories to Petitioner, Volkswagen of America, Inc. filed.
Aug. 07, 2006 Notice of Serving Interrogatories (Volkswagen of America, Inc.).
Aug. 07, 2006 Notice of Serving Interrogatories (Aristocrat Volkswagen East, Inc.).
Aug. 04, 2006 Volkswagen of America, Inc.`s Notice of Serving First Set of Interrogatories to Royal Automotive, Inc. filed.
Aug. 04, 2006 Volkswagen of America, Inc.`s Notice of Serving First Set of Interrogatories to Classic VW filed.
Aug. 04, 2006 Volkswagen of America, Inc.`s First Set of Request for Production of Documents to Royal Automotive, Inc. filed.
Aug. 04, 2006 Volkswagen of America, Inc.`s First Set of Requests for Production of Documents to Classic VW filed.
Jul. 26, 2006 Joint Informational Statement filed.
Jul. 26, 2006 Notice of Appearance (filed by R. Davis).
Jul. 20, 2006 Notice of Appearance (filed by J. Forehand).
Jul. 20, 2006 Order of Consolidation (DOAH Case Nos. 06-2631 and 06-2632).
Jul. 19, 2006 Notice of Publication for a New Point Franchise Motor Vehicled filed.
Jul. 19, 2006 Petition or Complaint Protesting Established of Dealership filed.
Jul. 19, 2006 Agency referral filed.
Jul. 19, 2006 Initial Order.
Source:  Florida - Division of Administrative Hearings

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