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: Dec. 24, 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.
|