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TROPICAL AUDUBON SOCIETY, INC., BISCAYNE BAY WATERKEEPER, INC., AND CAPTAIN DAN KIPNIS vs U.S. ARMY CORPS OF ENGINEERS AND DEPARTMENT OF ENVIRONMENTAL PROTECTION, 11-006242 (2011)

Court: Division of Administrative Hearings, Florida Number: 11-006242 Visitors: 8
Petitioner: TROPICAL AUDUBON SOCIETY, INC., BISCAYNE BAY WATERKEEPER, INC., AND CAPTAIN DAN KIPNIS
Respondent: U.S. ARMY CORPS OF ENGINEERS AND DEPARTMENT OF ENVIRONMENTAL PROTECTION
Judges: BRAM D. E. CANTER
Agency: Department of Environmental Protection
Locations: Miami, Florida
Filed: Dec. 09, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, May 22, 2012.

Latest Update: Nov. 18, 2024

Docket for Case No: 11-006242
Issue Date Proceedings
May 22, 2012 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
May 21, 2012 Notice of Voluntary Withdrawal and Dismissal of Petition and Motion to Relinquish Jurisdiction filed.
Apr. 09, 2012 Re-notice of Taking Videotaped Deposition (of L. Reichold) filed.
Apr. 06, 2012 Bayview at Fisher Island Condominium No. Two Association, Inc.'s Notice of Withdrawal of Petition for Administrative Hearing (filed in Case No. 11-006244).
Apr. 05, 2012 Fisher Island Community Association, Inc.'s Notice of Withdrawal of Petition for Administrative Hearing (filed in Case No. 11-006243).
Apr. 03, 2012 Re-notice of Rule 1.310(b)(6) Corporate Representative Deposition Duces Tecum of Biscayne Bay Waterkeeper, Inc filed.
Apr. 03, 2012 Second Re-notice of Taking Deposition Duces Tecum (of A. Segal) filed.
Apr. 03, 2012 Second Re-notice of Taking Deposition Duces Tecum (of D. Kipnis) filed.
Mar. 29, 2012 Notice of Rule 1.310 (b)(6) Corporate Representative Deposition Duces Tecum of Biscayne Bay Waterkeeper, Inc filed.
Mar. 29, 2012 Notice of Rule 1.310 (b)(6) Corporate Representative Deposition Duces Tecum of Tropical Audubon Society, Inc filed.
Mar. 29, 2012 Order on Pending Motions.
Mar. 28, 2012 Miami-Dade County's Response to Petitioners' Tropical Audubon Society, Inc., Biscayne Bay Waterkeeper, Inc., and Captain Dan Kipnis Motion to Relinquish Jurisdiction filed.
Mar. 28, 2012 Intervenor Miami-Dade County's Opposition to Petitioners Tropical Audobon, Biscayne Bay Waterkeeper and Captain Dan Kipnis' Motion for a Stay of Proceedings filed.
Mar. 28, 2012 Petitioners Tropical Audubon, Biscayne Bay Waterkeeper and Captain Dan Kipnis' Unopposed Motion for Leave to File Reply Memorandum filed.
Mar. 28, 2012 Department's Response to Petitioners' Tropical Audubon Society, Inc., Biscayne Bay Waterkeeper, Inc., and Captain Dan Kipnis Motion to Relinquish Jurisdiction filed.
Mar. 26, 2012 Department's Response to Petitioners' Tropical Audubon Society, Inc., Biscayne Bay Waterkeeper, Inc., and Captain Dan Kipnis' Motion for Stay of Proceedings filed.
Mar. 22, 2012 Petitioner Biscayne Bay Waterkeeper's Objection to Miami-Dade County's Re-notice of Taking Deposition Duces Tecum (of A. Segal) filed.
Mar. 22, 2012 Petitioner Dan Kipnis' Objections to Miami-Dade County's Re-notice of Taking Deposition Duces Tecum (of D. Kipnis) filed.
Mar. 19, 2012 Order Granting Extension of Time.
Mar. 16, 2012 Unopposed Motion by Intervenor Miami-Dade County and Respondent the Department of Environmental Protection for an Extension of Time to File its Responses to Petitioners' Motions to Relinquish Jurisdiction and Motion to Stay filed.
Mar. 16, 2012 Notice of Appearance (Richard Seavey) filed.
Mar. 15, 2012 Notice of Transfer.
Mar. 14, 2012 Petitioners Tropical Audubon, Biscayne Bay Waterkeeper and Captain Dan Kipnis' Motion to Relinquish Jurisdiction to the Department filed.
Mar. 14, 2012 Petitioners Tropical Audubon, Biscayne Bay Waterkeeper and Captain Dan Kipnis' Motion for a Stay of Proceedings filed.
Mar. 07, 2012 Re-notice of Taking Videotaped Deposition (of L. Reichold) filed.
Mar. 07, 2012 Re-notice of Taking Deposition Duces Tecum (of D. Kipnis) filed.
Mar. 07, 2012 Re-notice of Taking Deposition Duces Tecum (of L. Reynolds) filed.
Mar. 07, 2012 Re-notice of Taking Deposition Duces Tecum (of A. Segal) filed.
Mar. 06, 2012 Responses of Tropical Audubon Society, Biscayne Bay Waterkeeper and Captain Dan Kipnis to the Department's First Request for Production of Documents filed.
Mar. 06, 2012 Notice of Filing Answers to the Department's First Set of Interrogatories to Tropical Audubon Society, Biscayne Bay Waterkeeper and Captain Dan Kipnis filed.
Mar. 05, 2012 Petitioner Fisher Island Community Association's Answers to Intervenor Miami-Dade County's First Set of Interrogatories to Fisher Island Community Association (filed in Case No. 11-006243).
Mar. 05, 2012 Petitioner Fisher Island Community Association's Response to Intervenor Miami-Dade County's First Request for Production of Documents (filed in Case No. 11-006243).
Feb. 24, 2012 Miami-Dade County's Response Opposing Fisher Island Community Association, Inc.'s Motion for Additional Time to Respond to Discovery filed.
Feb. 22, 2012 Intervenor Miami-Dade County's Response to FICA's and Bayview's Motions for Clarification filed.
Feb. 21, 2012 Order (on Miami-Dade County's motion for reconsideration of orders).
Feb. 20, 2012 Fisher Island Community Association, Inc.'s Motion for Extension of Time to Respond to Discovery (filed in Case No. 11-006243).
Feb. 17, 2012 Notice of Taking Deposition Duces Tecum (Laura Reynolds) filed.
Feb. 17, 2012 Notice and Certificate of Service of Respondent DEP's Response to Petitioner Fisher Island Community Association, Inc.'s First Set of Interrogatories, First Request for Production, and First Request for Admissions filed.
Feb. 17, 2012 Petitioner, Bayview at Fisher Island Condominium No. Two Association, Inc.'s Response and Notice of Joinder in Fisher Island Community Association, Inc.'s Response to Intervenor Miami-Dade County's Motion for Reconsideration of Orders on Motion to Dismiss and Motion for Clarification of February 14, 2012 Order (filed in Case No. 11-006244).
Feb. 15, 2012 Fisher Island Community Association Inc.'s Response to Intervenor Miami-Dade County's Motion for Reconsideration of Orders on Motion to Dismiss and Motion for Clarification of February 14, 2012 Order (filed in Case No. 11-006243).
Feb. 15, 2012 Amended Order.
Feb. 14, 2012 Order.
Feb. 10, 2012 Notice of Taking Videotaped Deposition (of L. Reichold) filed.
Feb. 10, 2012 Intervenor Miami-Dade County's Motion for Reconsideration of Orders on Motion to Dismiss filed.
Feb. 10, 2012 Department's Response to Order to Show Cause filed.
Feb. 09, 2012 Petitioner, Bayview at Fisher Island Condominium No. Two Association, Inc.'s Showing of Good Cause why its Petition Should Not be Dismissed (filed in Case No. 11-006244).
Feb. 08, 2012 Re-notice of Taking Deposition Duces Tecum (of A. Segal) filed.
Feb. 07, 2012 Notice of Taking Deposition Duces Tecum (of D. Kipnis) filed.
Feb. 07, 2012 Notice of Taking Deposition Duces Tecum (of A. Segal) filed.
Feb. 06, 2012 Intervenor Miami-Dade County's Answers to Petitioner FICA's First Request for Production of Documents to the County filed.
Feb. 06, 2012 Intervenor Miami-Dade County's Answers to FICA's First Request for Admissions to the County filed.
Feb. 06, 2012 Intervenor Miami-Dade County's Responses to FICA's First Set of Interrogatories to the County filed.
Feb. 06, 2012 Notice of Filing Intervenor Miami-Dade County's Responses to FICA's First Set of Interrogatories filed.
Feb. 02, 2012 Notice of Filing Intervenor Miami-Dade County's Responses to Petitioners' First Set of Interrogatories filed.
Feb. 02, 2012 Intervenor Miami-Dade County's Answers to Petitioners' First Set of Interrogatories to the County filed.
Feb. 02, 2012 Intervenor Miami-Dade County's Answers to Petitioners' First Request for Production of Documents to the County filed.
Feb. 02, 2012 Intervenor Miami-Dade County's Answers to Petitioners' First Request for Admissions to the County filed.
Feb. 02, 2012 Order (on the County's motion to dismiss the petition of Bayview as untimely).
Feb. 02, 2012 Order (denying the County's motion to dismiss the petition of FICA as untimely).
Feb. 01, 2012 Order (denying Petitioners motion to relinquish jurisdiction).
Feb. 01, 2012 Order (granting Petitioners motion for leave to file an amended petition).
Jan. 30, 2012 Department of Environmental Protection's First Request for Production of Documents to Petitioner, Captain Dan Kipnis filed.
Jan. 30, 2012 Department of Environmental Protection's First Request for Production of Documents to Petitioner, Biscayne Bay Waterkeeper, Inc filed.
Jan. 30, 2012 Department of Environmental Protection's First Request for Production of Documents to Petitioner, Tropical Audubon Society, Inc filed.
Jan. 30, 2012 Notice and Certificate of Service of Respondent DEP'S First Request for Production to Petitioners' Tropical Audubon Society, Inc., Biscayne Bay Waterkeeper, Inc., and Captain Dan Kipnis filed.
Jan. 24, 2012 Order of Pre-hearing Instructions.
Jan. 24, 2012 Notice of Hearing (hearing set for August 14 through 17, 20 through 24, 27 through 31, September 5 through 7 and 10 through 14, 2012; 9:00 a.m.; Miami, FL).
Jan. 23, 2012 Order (denying Petitioners' motion for determination of lega issues).
Jan. 23, 2012 Notice of Telephonic Hearing filed.
Jan. 23, 2012 Response to Petitioners' Request for Oral Argument and Reply in Opposition to Intervenor Miami-Dade County's Response to Petitioners' Request for Oral Argument (filed in Case No. 11-006243).
Jan. 20, 2012 Miami-Dade County's First Set of Interrogatories to Petitioner Fisher Island Community Association ("FICA") filed.
Jan. 20, 2012 Notice of Serving Miami-Dade County's First Set of Interrogatories on Petitioner Fisher Island Community Association ("FICA") filed.
Jan. 20, 2012 Department of Environmental Protection Answers to Petitioners' First Request for Interrogatories to the Department filed.
Jan. 20, 2012 Department of Environmental Protection Answers to Petitioners' First Request for Admissions to the Department filed.
Jan. 20, 2012 Department of Environmental Protection Answers to Petitioners' First Request for Production of Documents to the Department filed.
Jan. 20, 2012 Notice and Certifcate of Service of Respondent DEP's Response to Petitioners' Tropical Audubon Society, Inc., Biscayne bay Waterkeeper Inc., & Captain Dan Kipnis' First Set of Interrogatories, First Request For Production, & First Request For Admissions filed.
Jan. 20, 2012 Intervenor Miami-Dade County's First Request for Production of Documents to Petitioner Fisher Island Community Association filed.
Jan. 20, 2012 Bayview at Fisher Island Condominium No. Two Association, Inc.'s Response and Notice of Joinder in Fisher Island Community Association, Inc.'s Response to, and Motion to Strike as Untimely Intervenor Miami-Dade County's Motion to Dismiss (filed in Case No. 11-006244).
Jan. 20, 2012 Intervenor Miami-Dade County's Response to Petitioners' Request for Oral Argument filed.
Jan. 20, 2012 Fisher Island Community Association, Inc.'s Response to, and Motion to Strike as Untimely, Intervenor Miami-Dade County's Motion to Dismiss (with Exhibit A) (filed in Case No. 11-006243).
Jan. 20, 2012 Fisher Island Community Association, Inc.'s Response to, and Motion to Strike as Untimely, Miami-Dade County's Motion to Dismiss (filed in Case No. 11-006243).
Jan. 19, 2012 Department of Environmental Protection's First Set of Interrogatories to Petitioner, Biscayne Bay Waterkeeper, Inc filed.
Jan. 19, 2012 Notice and Certificate of Service of Respondent DEP'S First Set of Interrogatories to Petitioner Biscayne Bay Waterkeeper, Inc filed.
Jan. 19, 2012 Department of Environmental Protection's First Set of Interrogatories to Petitioner, Captain Dan Kipnis filed.
Jan. 19, 2012 Notice and Certificate of Service of Respondent DEP's First Set of Interrogatories to Petitioner Captain Dan Kipnis filed.
Jan. 19, 2012 Department of Environmental Protection's First Set of Interrogatories to Petitioner, Tropical Audubon Society, Inc filed.
Jan. 19, 2012 Notice and Certificate of Service of Respondent DEP's First Set of Interrogatories to Petitioner Tropical Audubon Society, Inc filed.
Jan. 18, 2012 Petitioners Tropical Audubon, Biscayne Bay Waterkeeper and Captain Dan Kipnis Request for Oral Argument filed.
Jan. 17, 2012 Intervenor Miami-Dade County's and DEP's Joint Response and Memorandum of Law Opposing Petitioners' Tropical Audubon, Biscayne Bay Waterkeeper, and Captain Kipnis' Motion to Relinquish Jurisdiction filed.
Jan. 17, 2012 Petitioners Tropical Audubon, Biscayne Bay Waterkeeper and Captain Dan Kipnis' Reply Memorandum of Law in Support of Their Motion for Determination of Legal Issues filed.
Jan. 17, 2012 Notice Regarding Availability filed.
Jan. 13, 2012 Miami-Dade County's Motion to Dismiss filed.
Jan. 12, 2012 Bayview at Fisher Island Condomonium No. Two Association, Inc.'s Response and Notice of Joinder in Tropical Audubon Society, et al.'s Motion for Determination of Legal Issues (filed in Case No. 11-006244).
Jan. 12, 2012 Fisher Island Community Association, Inc.'s Notice of Joinder in Petitioner Tropical Audubon, Biscayne Bay Waterkeeper, and Captain Dan Kipnis' Motion for Determination of Legal Issues (filed in Case No. 11-006243).
Jan. 12, 2012 Notice of Serving Petitioner Fisher Island Community Association, Inc.'s First Set of Interrogatories on Respondent Department of Environmental Protection (filed in Case No. 11-006243).
Jan. 12, 2012 Petitioner Fisher Island Community Association, Inc.'s First Request for Production to Respondent Florida Department of Environmental Protection (filed in Case No. 11-006243).
Jan. 12, 2012 Petitioner Fisher Island Community Association, Inc.'s First Request for Admissions to Respondent Department of Environmental Protection (filed in Case No. 11-006243).
Jan. 12, 2012 Notice of Serving Petitioner Fisher Island Community Association, Inc.'s First Set of Interrogatories on Respondent United States Army Corps of Engineers (filed in Case No. 11-006243).
Jan. 12, 2012 Petitioner Fisher Island Community Association, Inc.'s First Request for Production to Respondent United States Army Corps of Engineers (filed in Case No. 11-006243).
Jan. 12, 2012 Petitioner Fisher Island Community Association, Inc.'s First Request for Admissions to Respondent United States Army Corps of Engineers (filed in Case No. 11-006243).
Jan. 12, 2012 Notice of Appearance (Claudio Riedi) (filed in Case No. 11-006243).
Jan. 11, 2012 CASE STATUS: Pre-Hearing Conference Held.
Jan. 11, 2012 Miami-Dade County's Response to Petitioners' Motion for Determination of Legal Issues and County's Notice of Adoption of Department's Response to Same filed.
Jan. 11, 2012 Department's Response to Petitioners' Tropical Sudubon Society, Inc., Biscayne Bay Waterkeeper, Inc., and Captain Dan Kipnis Motion for Determination of Legal Issues filed.
Jan. 11, 2012 Notice of Telephonic Scheduling Conference (status conference set for January 23, 2012; 2:00 p.m.).
Jan. 10, 2012 Petitioners Tropical Audubon, Biscayne Bay Waterkeeper and Captain Dan Kipnis' Motion to Relinquish Jurisdiction filed.
Jan. 06, 2012 Petitioners Tropical Audubon, Biscayne Bay Waterkeeper and Captain Dan Kipnis' First Set of Interrogatories to Miami-Dade County (filed in Case No. 11-006243).
Jan. 06, 2012 Petitioner Fisher Island Community Association, Inc.'s, First Request for Admissions to Miami-Dade (filed in Case No. 11-006243).
Jan. 06, 2012 Petitioner Fisher Island Community Association, Inc.'s, First Request for Production of Documents to Miami-Dade (filed in Case No. 11-006243).
Jan. 06, 2012 Notice of Appearance (of J. Unruh; filed in Case No. 11-006243).
Jan. 06, 2012 Notice of Telephonic Case Management Conference filed.
Jan. 04, 2012 Petitioners Tropical Audubon, Biscayne Bay Waterkeeper and Captain Dan Kipnis Motion for Determination of Legal Issues filed.
Jan. 03, 2012 Petitioners Tropical Audubon, Biscayne Bay Waterkeeper and Captain Dan Kipnis' First Set of Interrogatories to Miami-Dade County filed.
Jan. 03, 2012 Petitioners Tropical Aubudon(sic), Biscayne Bay Waterkeeper and Captain Dan Kipnis' First Request for Production of Documents to Miami-Dade County filed.
Jan. 03, 2012 Petitioners Tropical Audubon, Biscayne Bay Waterkeeper and Captain Dan Kipnis' First Request for Admissions to Miami-Dade County filed.
Dec. 22, 2011 Order (granting petition to intervene).
Dec. 21, 2011 Joint Response to Initial Order filed.
Dec. 21, 2011 Petitioners' First Request for Production of Documents to the CORPS filed.
Dec. 21, 2011 Petitioners' First Request for Admissions to the CORPS filed.
Dec. 21, 2011 Petitioners' First Set of Interrogatories to the CORPS filed.
Dec. 21, 2011 Petitioners' First Request for Production of Documents to the Department filed.
Dec. 21, 2011 Petitioners' First Request for Admissions to the Department filed.
Dec. 21, 2011 Petitioners' First Set of Interrogatories to the Department filed.
Dec. 20, 2011 Order (granting extension of time).
Dec. 20, 2011 Notice of Appearance (Steven Bass) filed.
Dec. 20, 2011 Miami-Dade County's Unopposed Petition to Intervene filed.
Dec. 20, 2011 Notice of Appearance (Thomas Robertson) (filed in Case No. 11-006244).
Dec. 20, 2011 Notice of Appearance (Thomas Robertson) (filed in Case No. 11-006243).
Dec. 20, 2011 Notice of Appearance (Thomas Robertson) filed.
Dec. 20, 2011 Order of Consolidation (DOAH Case Nos. 11-6242, 11-6243, and 11-6244)).
Dec. 19, 2011 Motion for Extension of Time to File a Response to the Initial Order filed.
Dec. 14, 2011 Petitioner's Motion for Leave to File Amended Petition filed.
Dec. 12, 2011 Initial Order.
Dec. 09, 2011 Request for Assignment of Administrative Law Judge and Notice of Preservation of Record filed.
Dec. 09, 2011 Petition for Formal Administrative Hearing filed.
Dec. 09, 2011 Consolidated Notice of Intent to Issue Environmental Resource Permit, Variance and Authorization to use Sovereign Submerged Lands filed.
Source:  Florida - Division of Administrative Hearings

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