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SEAGULL MOORINGS PROPERTY OWNERS ASSOCIATION, INC. vs THE MARINA AT LEMON BAY RESORT, LLC, AND DEPARTMENT OF ENVIRONMENTAL PROTECTION, 19-003729 (2019)

Court: Division of Administrative Hearings, Florida Number: 19-003729 Visitors: 4
Petitioner: SEAGULL MOORINGS PROPERTY OWNERS ASSOCIATION, INC.
Respondent: THE MARINA AT LEMON BAY RESORT, LLC, AND DEPARTMENT OF ENVIRONMENTAL PROTECTION
Judges: SUZANNE VAN WYK
Agency: Department of Environmental Protection
Locations: Tallahassee, Florida
Filed: Jul. 15, 2019
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, April 16, 2021.

Latest Update: Jul. 04, 2024

Docket for Case No: 19-003729
Issue Date Proceedings
Apr. 16, 2021 Order Closing Files and Relinquishing Jurisdiction. CASE CLOSED.
Apr. 15, 2021 Amended Petitioner's Notice of Voluntary Dismissal without Prejudice filed.
Apr. 15, 2021 Petitioner's Notice of Voluntary Dismissal without Prejudice filed.
Apr. 14, 2021 Notice of Compliance and Service of Discovery Materials filed.
Apr. 14, 2021 The Florida Department of Environmental Protections', Request for Official Recognition and Judicial Notice filed.
Apr. 05, 2021 Notice of Service of Respondent, Floirda Department of Envionmental Protection's, Responses to Petitioner, Seagull Moorings Property Owners Association, Inc's First Set of Interrogatories (Nos.1-6) filed.
Mar. 31, 2021 Plaintiff's Notice of Serving Answers to Defendant's First Set of Interrogatories (filed in Case No. 19-003729).
Mar. 31, 2021 Plaintiff's Notice of Serving Answers to Defendant's First Set of Interrogatories filed.
Mar. 31, 2021 Notice of Serving Response to Third Request for Production (filed in Case No. 19-003729).
Mar. 31, 2021 Notice of Serving Response to Third Request for Production filed.
Mar. 31, 2021 The Marina at Lemon Bay Resort, LLC's Notice of Taking Zoom Video Deposition of Nelson Italiano, III, Captain (filed in Case No. 19-003729).
Mar. 31, 2021 The Marina at Lemon Bay Resort, LLC's Notice of Taking Zoom Video Deposition of Nelson Italiano, III, Captain filed.
Mar. 31, 2021 Amended Notice of Taking Zoom Video Deposition (D. Shremshock and L. Nero) filed.
Mar. 31, 2021 Notice of Taking Zoom Video Deposition (D. Shremshock and N. Italiano, III) filed.
Mar. 30, 2021 Notice of Service of Interrogatories to Respondent Marina at Lemon Bay LLC filed.
Mar. 30, 2021 Notice of Service of Interrogatories to Respondent Department of Environmental Protection filed.
Mar. 29, 2021 Notice of Service of Respondent, Florida Department of Environmental Protection's, Amended Second Set of Interrogatories (Nos. 23-24) to Petitioner, Seagull Moorings Property Owners Association, Inc. filed.
Mar. 29, 2021 Notice of Service of Respondent, Florida Department of Environmental Protection's, Second Set of Interrogatories (Nos. 23-24) and Request for Production of Documents (Nos. 43-47) to Petitioner, Seagull Moorings Property Owners Association, Inc. filed.
Mar. 25, 2021 Order Granting, in Part, Petitioner's Motion to Extend Time for Discovery, Limiting Scope of Discovery, Amending Amended Order of Pre-hearing Instructions, and Directing Parties to Cooperate on Amendment of Certain Discovery Deadlines.
Mar. 23, 2021 CASE STATUS: Motion Hearing Held.
Mar. 23, 2021 Respondent, Florida Department of Environmental Protection's, Notice of Service of Responses to Petitioner's Third Request for Production (Nos. 1-2) filed.
Mar. 17, 2021 Notice of Telephonic Motion Hearing (motion hearing set for March 23, 2021; 3:00 p.m., Eastern Time).
Mar. 11, 2021 Petitioner's Motion to Extend Time for Discovery filed.
Mar. 11, 2021 Petitioner's Notice to Withdraw Response in Opposition to the Department of Environmental Protection's Notice of Proposed Changes to Proposed Environmental Resource Permit No. 0322454-001-E1 and Associated Documents, and Opposition to the Proposed Environmental Resource Permit No. 0322454-001-E1 filed.
Mar. 04, 2021 Petitioner's Response in Opposition to the Department of Environmental Protection's Notice of Proposed Changes to Proposed Environmental Resource Permit No. 0322454-001-E1 and Associated Documents, and Opposition to the Proposed Environmental Resource Permit No. 0322454-001-E1 filed.
Feb. 18, 2021 Respondent, Florida Department of Environmental Protection's, Notice of Proposed Changes to Proposed Environmental Resource Permit No. 0322454-001-EI and Associated Documents filed.
Feb. 15, 2021 Notice of Service of Standard Interrogatories to Respondent The Marina at Lemon Bay Resort LLC filed.
Feb. 12, 2021 Petitioner's Third Request for Production to Respondent Marina at Lemon Bay Resort, LLC filed.
Feb. 12, 2021 Petitioner's Third Request for Production to Respondent Department of Environmental Protection filed.
Feb. 08, 2021 Notice of Cancellation of Telephonic Motion Hearing.
Feb. 05, 2021 Petitioner's Notice to Withdraw Request to Take Judicial Notice filed.
Feb. 02, 2021 Notice of Telephonic Motion Hearing (motion hearing set for February 10, 2021; 2:30 p.m., Eastern Time).
Jan. 29, 2021 Respondent, Florida Department of Environmental Protection's, Motion in Opposition to Petitioner's Motion for Judicial Notice filed.
Jan. 28, 2021 Petitioner's Request to Take Judicial Notice filed.
Jan. 21, 2021 Fourth Notice of Supplemental Discovery Materials (as to Expert Witness Nelson Italiano, III) filed.
Jan. 14, 2021 Notice of Third Supplemental Discovery Materials filed.
Jan. 13, 2021 Second Amended Notice to Withdraw Motion to Exclude Expert Witness (filed in Case No. 19-003729).
Jan. 13, 2021 Amended Notice to Withdraw Motion to Exclude Expert Witness filed.
Jan. 13, 2021 Amended Notice to Withdraw Motion to Exclude Expert Witness (filed in Case No. 19-003729).
Jan. 13, 2021 Notice to Withdraw Motion to Exclude Expert Witness (filed in Case No. 19-003729).
Jan. 13, 2021 Notice to Withdraw Motion to Exclude Expert Witness filed.
Jan. 12, 2021 The Florida Department of Environmental Protection's Amended Cross-Re-Notice of Deposition Duces Tecum (Italiano) filed.
Jan. 12, 2021 The Florida Department of Environmental Protection's Cross-Re-Notice of Deposition Duces Tecum (Italiano) filed.
Jan. 12, 2021 The Marina at Lemon Bay Resort, LLC's Re-Notice of Deposition of Nelson Italiano, III, Captain (filed in Case No. 19-003729).
Jan. 12, 2021 The Marina at Lemon Bay Resort, LLC's Re-Notice of Deposition of Nelson Italiano, III, Captain filed.
Jan. 11, 2021 Respondent, Florida Department of Environmental Protection's, Response in Opposition to Petitioner's Motion to Exclude Expert (filed in Case No. 19-003729).
Jan. 11, 2021 Response in Opposition to Petitioner's Motion to Exclude Expert Witness (filed in Case No. 19-003729).
Jan. 11, 2021 Response in Opposition to Petitioner's Motion to Exclude Expert Witness filed.
Jan. 04, 2021 Petitioner's Motion to Exclude Expert Witness filed.
Jan. 04, 2021 Petitioner's Motion to Exclude Expert Witness (filed in Case No. 19-003729).
Dec. 30, 2020 Notice of Second Supplemental Discovery Materials filed.
Dec. 28, 2020 The Marina at Lemon Bay Resort, LLC's Corrected Notice of Deposition of Nelson Italiano, III, Captain filed.
Dec. 28, 2020 The Marina at Lemon Bay Resort, LLC's Corrected Notice of Deposition of Nelson Italiano, III, Captain (filed in Case No. 19-003729).
Dec. 23, 2020 The Florida Department of Environmental Protection's Cross Notice of Deposition Duces Tecum (Italiano) filed.
Dec. 22, 2020 The Marina at Lemon Bay Resort, LLC's Notice of Deposition of Nelson Italiano, II, Captain (filed in Case No. 19-003729).
Dec. 22, 2020 The Marina at Lemon Bay Resort, LLC's Notice of Deposition of Nelson Italiano, II, Captain filed.
Dec. 22, 2020 Order Striking Issues from Petition and Limiting Issues in Dispute.
Dec. 22, 2020 Second Amended Notice of Taking Zoom Video Deposition Duces Tecum (Nero) filed.
Dec. 21, 2020 Notice of Appearance (Denise Bleau; filed in Case No. 19-003729).
Dec. 21, 2020 Notice of Appearance (Denise Bleau) filed.
Dec. 21, 2020 Amended Notice of Taking Zoom Video Deposition (Leonard Nero; as to Zoom Credentials; filed in Case No. 19-003729).
Dec. 21, 2020 Amended Notice of Taking Zoom Video Deposition (Leonard Nero; as to Zoom Credentials) filed.
Dec. 21, 2020 The Florida Department of Environmental Protection's Cross Re-Notice of Deposition (Nero) filed.
Dec. 21, 2020 Petitioner's Notice of Filing Exhibits for Hearing December 21, 2020 (filed in Case No. 19-003729).
Dec. 21, 2020 Petitioner's Notice of Filing Exhibits for Hearing December 21, 2020 filed.
Dec. 21, 2020 CASE STATUS: Motion Hearing Held.
Dec. 18, 2020 (Re-)Notice of Taking Zoom Video Deposition (of Leonard Nero; filed in Case No. 19-003729).
Dec. 18, 2020 (Re-)Notice of Taking Zoom Video Deposition (of Leonard Nero) filed.
Dec. 18, 2020 Notice of Cancellation of Deposition (of Leonard Nero; filed in Case No. 19-003729).
Dec. 18, 2020 Notice of Cancellation of Deposition (of Leonard Nero) filed.
Dec. 18, 2020 Respondent, Florida Department of Environmental Protection's, Response in Opposition to Petitioner's Motion for Reconsideration filed.
Dec. 18, 2020 (Amended) Response in Opposition of Florida Department of Environmental Protection?s Motion to Strike or in the Alternative, to Limit Issues at Hearing filed.
Dec. 18, 2020 Motion to Reconsider Petitioner's Request for Extension of Time to File Response filed.
Dec. 18, 2020 Petitioner's Response in Opposition of Florida Department of Environmental Protection's Motion to Strike or in the Alternative, to Limit Issues at Hearing (filed in Case No. 19-003729).
Dec. 17, 2020 Notice of Appearance (Alexis Montiglio; filed in Case No. 19-003729).
Dec. 17, 2020 Notice of Appearance (Kathyrn Lewis; filed in Case No. 19-003729).
Dec. 17, 2020 Order Denying Motion for Extension of Time.
Dec. 17, 2020 Florida Department of Environmental Protection's, Response in Opposition to Petitioner's Motion for Extension of Time to File Response filed.
Dec. 16, 2020 Petitioner's Motion for Extension of Time to File Response (filed in Case No. 19-003729).
Dec. 14, 2020 The Marina at Lemon Bay Resort, LLC's Response in Support of the Florida Department of Environmental Protection's Motion to Strike or, in the Alternative, to Limit Issues at Hearing (filed in Case No. 19-003729).
Dec. 14, 2020 The Marina at Lemon Bay Resort, LLC's Response in Support of the Florida Department of Environmental Protection's Motion to Strike or, in the Alternative, to Limit Issues at Hearing filed.
Dec. 14, 2020 The Florida Department of Environmental Protection's Cross-Notice of Depositions (of Lemon Bay Expert) filed.
Dec. 11, 2020 Order of Pre-hearing Instructions.
Dec. 11, 2020 Order Granting Continuance and Rescheduling Hearing by Zoom Conference (hearing set for April 27 and 28, 2021; 9:00 a.m., Eastern Time).
Dec. 11, 2020 Notice of Compliance and Service of Discovery Materials (filed in Case No. 19-003729).
Dec. 10, 2020 Notice of Telephonic Motion Hearing (motion hearing set for December 21, 2020; 10:00 a.m., Eastern Time).
Dec. 10, 2020 CASE STATUS: Motion Hearing Held.
Dec. 10, 2020 Florida Department of Environmental Protection's Motion to Strike or In the Alternative, to Limit Issues at Hearing filed.
Dec. 10, 2020 Respondent State of Florida Department of Environmental Protection's Witness Disclosure List filed.
Dec. 08, 2020 Amended Notice of Telephonic Motion Hearing (motion hearing set for December 10, 2020; 9:15 a.m., Eastern Time).
Dec. 07, 2020 Notice of Supplemental Discovery Materials (filed in Case No. 19-003729).
Dec. 03, 2020 Notice of Telephonic Motion Hearing (motion hearing set for December 8, 2020; 9:30 a.m., Eastern Time).
Dec. 01, 2020 Return of Service (of Subpoena for Deposition - Scott OConnor; filed in Case No. 19-003729).
Nov. 24, 2020 Notice of Taking Zoom Video Deposition (Iglehart, O'Conner; filed in Case No. 19-003729).
Nov. 23, 2020 Joint Motion to Continue Final Hearing and/or Request for Case Management Conference (filed in Case No. 19-003729).
Nov. 23, 2020 The Marina at Lemon Bay Resort, LLC's Cancellation of Cross-Notice of Deposition (Nelson Italiano II; filed in Case No. 19-003729).
Nov. 23, 2020 The Marina at Lemon Bay Resort, LLC's Cancellation of Cross-Notice of Deposition (Nelson Italiano, II) filed.
Nov. 23, 2020 The Florida Department of Environmental Protection's Notice of Cancellation of Expert Deposition (of Nelson Italiano) filed.
Nov. 18, 2020 Petitioner's Request to Take Judicial Notice filed.
Nov. 17, 2020 Petitioner's Second Request for Production to Respondent Marina at Lemon Bay Resort, LLC filed.
Nov. 17, 2020 Petitioner's Expert Witness Disclosure filed.
Nov. 13, 2020 Affidavit of Randy Luciano filed.
Nov. 13, 2020 Notice of Compliance and Service of Discovery Materials filed.
Nov. 12, 2020 First Set of Interrogatories (filed in Case No. 19-003729).
Nov. 12, 2020 First Set of Interrogatories filed.
Nov. 12, 2020 First Set of Interrogatories (filed in Case No. 19-003729). (FILED IN ERROR) 
 Confidential document; not available for viewing.
Nov. 12, 2020 First Set of Interrogatories filed by Respondent. (FILED IN ERROR) 
 Confidential document; not available for viewing.
Nov. 10, 2020 Notice of Appearance (Kathryn Lewis) filed.
Nov. 09, 2020 The Marina at Lemon Bay Resort, LLC's Cross-Notice of Depositions (filed in Case No. 19-003729).
Nov. 09, 2020 The Marina at Lemon Bay Resort, LLC's Cross-Notice of Deposition of Corporate Representative (filed in Case No. 19-003729).
Nov. 09, 2020 The Marina at Lemon Bay Resort, LLC's Cross-Notice of Depositions filed.
Nov. 09, 2020 The Marina at Lemon Bay Resort, LLC's Cross-Notice of Deposition Of Corporate Representative filed.
Nov. 09, 2020 Notice of Compliance and Service of Discovery Materials filed.
Nov. 09, 2020 The Florida Department of Environmental Protection's Notice of Deposition Duces Tecum (of Petitioner Experts) filed.
Nov. 09, 2020 The Florida Department of Environmental Protection's Notice of Deposition of Corporate Representative Pursuant to Florida Rule of Civil Procedure 1.310(b)(6) filed.
Nov. 06, 2020 Notice of Unavailability filed.
Oct. 26, 2020 Petitioner's Second Amended Witness List (filed in Case No. 19-003729).
Oct. 16, 2020 Notice of Transfer.
Sep. 30, 2020 Notice of Serving Responses to Request for Production (filed in Case No. 19-003729).
Sep. 30, 2020 Notice of Serving Responses to Request for Production filed.
Sep. 30, 2020 Order Granting Motion to Compel.
Sep. 29, 2020 Notice of Compliance and Service of Discovery Materials filed.
Sep. 29, 2020 Petitioner's Response to Respondent Marina at Lemon Bay Resort, LLC's First Request for Production filed.
Sep. 29, 2020 Motion to Compel (filed in Case No. 19-003729).
Sep. 29, 2020 Motion to Compel filed.
Sep. 28, 2020 Notice of Service of Respondent, Florida Department of Environmental Protection's, First Set of Interrogatories and Request for Production of Documents to Petitioner, Seagull Moorings Property Owners Association, Inc. filed.
Sep. 23, 2020 The Florida Department of Environmental Protection's Cross-Notice of Depositions filed.
Sep. 09, 2020 Respondent, Florida Department of Environmental Protection's, Notice of Service of Responses to Petitioner's First Request for Production (Nos. 1-8) filed.
Sep. 04, 2020 Return of Service filed.
Sep. 04, 2020 Return of Service filed.
Aug. 17, 2020 Notice of Taking Zoom Video Deposition filed.
Aug. 14, 2020 Notice of Cancellation of Deposition filed.
Aug. 14, 2020 Order Granting Continuance and Rescheduling Hearing by Zoom Conference (hearing set for January 13 through 15, 2021; 9:00 a.m.; Tallahassee).
Aug. 13, 2020 Expert Witness Disclosure (filed in Case No. 19-003729).
Aug. 13, 2020 Expert Witness Disclosure filed.
Aug. 12, 2020 Joint Motion to Continue Final Hearing and/or Request for Case Management Conference filed.
Aug. 11, 2020 Notice of Cancellation of Deposition (of Jon M. Iglehart) filed.
Aug. 10, 2020 Notice of Appearance on Behalf of Respondent, Florida Department of Environmental Protection, and Designation Of Electronic Mail Address filed (Alexis Montiglio).
Aug. 07, 2020 Notice of Appearance (Alexis Montiglio) filed.
Aug. 05, 2020 Amended Notice of Taking Zoom Video Deposition filed.
Aug. 05, 2020 Petitioner's Witness List filed.
Aug. 05, 2020 Motion to Compel Discovery filed.
Aug. 04, 2020 Request for Production (filed in Case No. 19-003729).
Aug. 04, 2020 Request for Production filed.
Aug. 04, 2020 Notice of Unavailability filed.
Aug. 04, 2020 Notice of Taking Zoom Video Deposition filed.
Aug. 04, 2020 Notice of Appearance and Substitution of Counsel of Respondent, Florida Department of Environmental Protection, and Designation of Electronic Mail Addresses (filed in Case No. 19-003729).
Aug. 04, 2020 Notice of Appearance and Substitution of Counsel of Respondent, Florida Department of Environmental Protection, and Designation of Electronic Mail Addresses filed.
Aug. 04, 2020 Notice of Substitution of Counsel (Kelley Corbari; filed in Case No. 19-003729).
Aug. 04, 2020 Notice of Substitution of Counsel filed (Kelley Corbari).
Jul. 02, 2020 Order of Pre-hearing Instructions.
Jul. 02, 2020 Notice of Hearing (hearing set for September 22 through 24, 2020; 9:00 a.m.; Englewood).
Jun. 30, 2020 Status Update filed.
May 01, 2020 Order Continuing Cases in Abeyance (parties to advise status by June 30, 2020).
Apr. 24, 2020 Status Update (filed in Case No. 19-003729).
Apr. 24, 2020 Status Update filed.
Mar. 10, 2020 Order Continuing Cases in Abeyance (parties to advise status by April 24, 2020).
Mar. 09, 2020 Status Update (filed in Case No. 19-003729).
Mar. 09, 2020 Status Update filed.
Jan. 22, 2020 Order Canceling Hearing and Placing Case in Abeyance (parties to advise status by March 9, 2020).
Jan. 17, 2020 Unopposed Motion for Abeyance (filed in Case No. 19-003729).
Jan. 17, 2020 Unopposed Motion for Abeyance filed.
Jan. 10, 2020 Petitioner's Witness List filed.
Dec. 16, 2019 Order of Pre-hearing Instructions.
Dec. 16, 2019 Notice of Hearing (hearing set for February 19 through 21, 2020; 9:00 a.m.; Englewood).
Dec. 12, 2019 Notice of Parties' Availability for Final Hearing filed.
Dec. 09, 2019 Petitioner's Request for Production as to Respondent, Department of Environmental Protection filed.
Dec. 09, 2019 Petitioner's Request for Production as to Respondent, Marina at Lemon Bay Resort LLC filed.
Dec. 03, 2019 Response to Order Accepting Petition for Formal Administrative Hearing and Requesting Dates filed.
Nov. 26, 2019 Order Accepting Petition for Formal Administrative Hearing and Requiring Dates.
Nov. 21, 2019 Exhibit B, Part 3 of Petitioner Seagull Moorings Property Owners Association, Inc.'s Noticce of Filing Petition for Formal Administrative Hearing filed. filed.
Nov. 21, 2019 Exhibit B, Part 2 of Petitioner Seagull Moorings Property Owners Association, Inc.'s Noticce of Filing Petition for Formal Administrative Hearing filed. filed.
Nov. 21, 2019 Exhibit B, Part 1 of Petitioner Seagull Moorings Property Owners Association, Inc.'s Noticce of Filing Petition for Formal Administrative Hearing filed.
Nov. 21, 2019 Exhibit A of Petitioner Seagull Moorings Property Owners Association, Inc.'s Noticce of Filing Petition for Formal Administrative Hearing filed.
Nov. 21, 2019 Petitioner Seagull Moorings Property Owners Association, Inc.'s Notice of Filing Petition for Formal Administrative Hearing filed.
Nov. 18, 2019 Petitioner Seagull Moorings Property Owners Association Inc.'s Notice of Intent to File an Objection and/or Petition for Administrative Hearing (filed in Case No. 19-003729).
Nov. 18, 2019 Petitioner Seagull Moorings Property Owners Association Inc.'s Notice of Intent to File an Objection and/or Petition for Administrative Hearing filed.
Oct. 31, 2019 Respondent Florida Department of Environmental Protection's Notice of Substitution of Agency Action filed.
Sep. 13, 2019 Order Canceling Hearing and Placing Case in Abeyance (parties to advise status by November 15, 2019).
Sep. 12, 2019 Respondent Florida Department of Environmental Protection's Notice of Intent to Change Agency Action and Motion to Put Cases into Abeyance filed.
Jul. 24, 2019 Notice of Hearing (hearing set for September 26 and 27, 2019; 9:00 a.m.; Englewood, FL).
Jul. 24, 2019 Order of Pre-hearing Instructions.
Jul. 24, 2019 Order of Consolidation (DOAH Case Nos. 19-3728, 19-3729).
Jul. 23, 2019 Response to Initial Order filed.
Jul. 16, 2019 Initial Order.
Jul. 15, 2019 Agency action letter filed.
Jul. 15, 2019 Amended Petition for Formal Administrative Hearing filed.
Jul. 15, 2019 Request for Assignment of Administrative Law Judge and Notice of Preservation of Record filed.
CASE STATUS: Motion Hearing Held.
CASE STATUS: Motion Hearing Held.
Source:  Florida - Division of Administrative Hearings

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