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MOTORCYCLES OF DAYTONA, LLC D/B/A BMW MOTORCYCLES OF DAYTONA vs BMW OF NORTH AMERICA, LLC, 21-001464 (2021)

Court: Division of Administrative Hearings, Florida Number: 21-001464 Visitors: 18
Petitioner: MOTORCYCLES OF DAYTONA, LLC D/B/A BMW MOTORCYCLES OF DAYTONA
Respondent: BMW OF NORTH AMERICA, LLC
Judges: JOHN D. C. NEWTON, II
Agency: Department of Highway Safety and Motor Vehicles
Locations: Tallahassee, Florida
Filed: May 03, 2021
Status: Set for Hearing.
Latest Update: May 20, 2024
Summary:  STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES MOTORCYCLES OF ORLANDO, LLC d/b/a BMW MOTORCYCLES OF ORLANDO, Petitioner, vs. HSMV Case No.: MS-21-234 BMW OF NORTH AMERICA, LLC, DOAH Case No.: 21-1463 Respondent. ______________________________________/ MOTORCYCLES OF DAYTONA, LLC d/b/a BMW MOTORCYCLES OF DAYTONA, Petitioner, vs. HSMV Case No.: MS-21-235 &#
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HSMV-21-0204-FOI-MS

STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES


MOTORCYCLES OF ORLANDO, LLC d/b/a BMW MOTORCYCLES OF ORLANDO,


Petitioner,

vs.

BMW OF NORTH AMERICA, LLC,


Respondent.

/


MOTORCYCLES OF DAYTONA, LLC d/b/a BMW MOTORCYCLES OF DAYTONA,


Petitioner,


vs.


BMW OF NORTH AMERICA, LLC,


Respondent.

/


MOTORCYCLES OF TAMPA, LLC d/b/a BMW MOTORCYCLES OF TAMPA,


Petitioner,


vs.


BMW OF NORTH AMERICA, LLC,


Respondent.

/


HSMV Case No.: MS-21-234 DOAH Case No.: 21-1463


HSMV Case No.: MS-21-235 DOAH Case No.: 21-1464


HSMV Case No.: MS-21-236 DOAH Case No.: 21-1465

FINAL ORDER NO.: 2021

HSMV-21-0204-FOI-MS

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

FINAL ORDER


This matter comes before the Department of Highway Safety and Motor Vehicles for entry of a final order upon submission of the Order Closing Files and Relinquishing Jurisdiction issued July 19, 2021, by the Honorable John D. C. Newton II, Administrative Law Judge of the Division of Administrative Hearings, based on the parties’ joint Stipulation of Withdrawal and Motion to Dismiss as Moot, filed July 16, 2021, copies of which are attached and incorporated by reference in this order.

Page 1 of 3

MOTORCYCLES OF ORLANDO, LLC, MOTORCYCLES OF DAYTONA, LLC & MOTORCYCLES OF TAMPA, LLC v. BMW OF NORTH AMERICA, LLC

HSMV Case Nos. MS-21-234, MS-21-235 & MS-21-236 DOAH Case Nos. 21-1463, 21-1464 & 21-1465


Filed July 21, 2021 11:17 AM Division of Administrative Hearings

Respondent’s having withdrawn its Notice of Termination of the franchise agreements between the parties, pursuant to the parties’ Confidential Settlement and Release Agreement, the petitions are moot. Upon the parties’ joint Motion to Dismiss this proceeding as moot and review of the record in the above-styled causes, and being fully advised in the premises, the petitions are DISMISSED. Accordingly, the cases are CLOSED.

DONE AND ORDERED this 21st

Leon County, Florida.

day of

July

, 2021, at Tallahassee,


FILED FLHSMV AGENCY CLERK JUL 21 2021

MS-21-234, MS-21-235 & MS-21-236

Robert Kynoch, Director of Motorist Services Department of Highway Safety and Motor Vehicles 2900 Apalachee Parkway

Tallahassee, Florida 32399


COPIES FURNISHED this 21st day of July , 2021, to:


John W. Forehand, Esquire Kurkin Forehand Brandes, LLP

1089 West Morse Boulevard, Suite D Winter Park, Florida 32789-3772 jforehand@kfb-law.com

awylie@kfb-law.com

R. Craig Spickard, Esquire Kurkin Forehand Brandes, LLP

1089 West Morse Boulevard, Suite D Winter Park, Florida 32789-3772 cspickard@kfb-law.com

awylie@kfb-law.com

John R. Skelton, Esquire Seyfarth Shaw LLP

2 Seaport Lane, Suite 300

Boston, Massachusetts 02210-2001 jskelton@seyfarth.com goleary@seyfarth.com

Lisa Kirby Haines, Esquire Seyfarth Shaw LLP

2 Seaport Lane, Suite 300

Boston, Massachusetts 02210-2001 lhaines@seyfarth.com

Mark Nagtzaam

BMW of North America, LLC 200 Chestnut Ridge Road

Woodcliff Lake, New Jersey 07677-7731

Ed Broyles, Chief of Dealer Services Department of Highway Safety

and Motor Vehicles

Neil Kirkman Building, Room A-312 2900 Apalachee Parkway, MS 65

Tallahassee, Florida 32399-0635 edbroyles@flhsmv.gov


NOTICE OF APPEAL RIGHTS

A party adversely affected by this final order may seek judicial review as provided in

§ 120.68, Fla. Stat., and Fla. R. App. P. 9.190. Judicial review is initiated by filing a notice of appeal with the Agency Clerk, and a copy of the notice of appeal, accompanied by the filing fee, with the appropriate district court of appeal. The notice of appeal must conform to the requirements of Fla. R. App. P. 9.110(d) and must be filed (i.e., received by the Agency Clerk) within thirty days of rendition of this final order.

Filing with the Department’s Agency Clerk may be accomplished by U.S. mail, express overnight delivery, hand delivery, facsimile transmission, or electronic mail. The address for overnight delivery or hand delivery is Joseph Gillespie, DHSMV Agency Clerk, Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, A-432, MS-2, Tallahassee, Florida 32399. The facsimile number is (850) 617-5112. The email address is OGCFiling@flhsmv.gov.


Docket for Case No: 21-001464
Issue Date Proceedings
Jul. 21, 2021 Agency Final Order filed.
Jul. 19, 2021 Order Closing Files and Relinquishing Jurisdiction. CASE CLOSED.
Jul. 16, 2021 Stipulation of Withdrawal and Motion to Dismiss as Moot (filed in Case No. 21-001464).
Jul. 16, 2021 Stipulation of Withdrawal and Motion to Dismiss as Moot filed.
Jul. 13, 2021 CASE STATUS: Status Conference Held.
Jul. 13, 2021 Notice of Telephonic Status Conference (status conference set for July 13, 2021; 1:30 p.m., Eastern Time).
Jun. 18, 2021 Amended Notice of Telephonic Pre-hearing Conference (pre-hearing conference set for July 22, 2021; 9:30 a.m., Eastern Time).
Jun. 18, 2021 Order Granting Continuance and Rescheduling Hearing (hearing set for August 2 through 4, 2021; 9:00 a.m., Eastern Time; Tallahassee).
Jun. 18, 2021 Order of Consolidation (DOAH Case Nos. 21-1463, 21-1464, and 21-1465).
Jun. 15, 2021 Joint Motion for Consolidation and Continuance of Final Hearing filed.
May 18, 2021 Order Accepting Qualified Representative.
May 17, 2021 Order of Pre-hearing Instructions.
May 17, 2021 Notice of Hearing (hearing set for July 6 through 8, 2021; 9:00 a.m., Eastern Time; Tallahassee).
May 11, 2021 Respondent BMW of North America, LLC's Request for Representation by Qualifed Representatives filed.
May 11, 2021 Joint Response to Initial Order filed.
May 10, 2021 Notice of Appearance (John Skelton) filed.
May 10, 2021 Notice of Appearance (Lisa Haines) filed.
May 04, 2021 Initial Order.
May 03, 2021 90-Day Notice of Termination filed.
May 03, 2021 Petition for Determination of Unfair Discontinuation Pursuant to Section 320.641(3), Florida Statutes filed.
May 03, 2021 Agency referral filed.

Orders for Case No: 21-001464
Issue Date Document Summary
Jul. 21, 2021 Agency Final Order 
STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES 
MOTORCYCLES OF ORLANDO, LLC d/b/a 
BMW MOTORCYCLES OF ORLANDO, 
Petitioner, 
vs. HSMV Case No.: MS-21-234 
BMW OF NORTH AMERICA, LLC, DOAH Case No.: 21-1463 
Respondent. 
______________________________________/ 
MOTORCYCLES OF DAYTONA, LLC d/b/a 
BMW MOTORCYCLES OF DAYTONA, 
Petitioner, 
vs. HSMV Case No.: MS-21-235 
DOAH Case No.: 21-1464 
BMW OF NORTH AMERICA, LLC, 
Respondent. 
______________________________________/ 
MOTORCYCLES OF TAMPA, LLC d/b/a 
BMW MOTORCYCLES OF TAMPA, 
Petitioner, 
HSMV Case No.: MS-21-236 
vs. DOAH Case No.: 21-1465 
BMW OF NORTH AMERICA, LLC, 
Respondent. ______________________________________/    
 
FINAL ORDER 
This matter comes before the Department of Highway Safety and Motor Vehicles for entry of a final order upon submission of the Order Closing Files and Relinquishing Jurisdiction issued July 19, 2021, by the Honorable John D. C. Newton II, Administrative Law Judge of the Division of Administrative Hearings, based on the parties’ joint Stipulation of Withdrawal and Motion to Dismiss as Moot, filed July 16, 2021, copies of which are attached and incorporated by reference in this order. 
Page 1 of 3 MOTORCYCLES OF ORLANDO, LLC, MOTORCYCLES OF DAYTONA, LLC & MOTORCYCLES OF TAMPA, LLC v. BMW OF NORTH AMERICA, LLC HSMV Case Nos. MS-21-234, MS-21-235 & MS-21-236 DOAH Case Nos. 21-1463, 21-1464 & 21-1465 

Respondent’s having withdrawn its Notice of Termination of the franchise agreements between the parties, pursuant to the parties’ Confidential Settlement and Release Agreement, the petitions are moot. Upon the parties’ joint Motion to Dismiss this proceeding as moot and review of the record in the above-styled causes, and being fully advised in the premises, the petitions are DISMISSED. Accordingly, the cases are CLOSED. 
DONE AND ORDERED this _____ day of __________, 2021, at Tallahassee,
21st July 
COPIES FURNISHED this _____ day of __________, 2021, to:
21st July 
Leon County, Florida. 
   
John W. Forehand, Esquire Kurkin Forehand Brandes, LLP 1089 West Morse Boulevard, Suite D Winter Park, Florida 32789-3772 
jforehand@kfb-law.com awylie@kfb-law.com 
R. Craig Spickard, Esquire Kurkin Forehand Brandes, LLP 1089 West Morse Boulevard, Suite D Winter Park, Florida 32789-3772 
cspickard@kfb-law.com awylie@kfb-law.com 
John R. Skelton, Esquire Seyfarth Shaw LLP 2 Seaport Lane, Suite 300 Boston, Massachusetts 02210-2001 
jskelton@seyfarth.com goleary@seyfarth.com 
Robert Kynoch, Director of Motorist Services Department of Highway Safety and Motor Vehicles 2900 Apalachee Parkway Tallahassee, Florida 32399 
Lisa Kirby Haines, Esquire Seyfarth Shaw LLP 2 Seaport Lane, Suite 300 Boston, Massachusetts 02210-2001 
lhaines@seyfarth.com 
Mark Nagtzaam BMW of North America, LLC 200 Chestnut Ridge Road Woodcliff Lake, New Jersey 07677-7731 
Ed Broyles, Chief of Dealer Services Department of Highway Safety 
 and Motor Vehicles Neil Kirkman Building, Room A-312 2900 Apalachee Parkway, MS 65 Tallahassee, Florida 32399-0635 
edbroyles@flhsmv.gov 
Page 2 of 3 MOTORCYCLES OF ORLANDO, LLC, MOTORCYCLES OF DAYTONA, LLC & MOTORCYCLES OF TAMPA, LLC v. BMW OF NORTH AMERICA, LLC HSMV Case Nos. MS-21-234, MS-21-235 & MS-21-236 DOAH Case Nos. 21-1463, 21-1464 & 21-1465 

NOTICE OF APPEAL RIGHTS 
A party adversely affected by this final order may seek judicial review as provided in § 120.68, Fla. Stat., and Fla. R. App. P. 9.190. Judicial review is initiated by filing a notice of appeal with the Agency Clerk, and a copy of the notice of appeal, accompanied by the filing fee, with the appropriate district court of appeal. The notice of appeal must conform to the requirements of Fla. R. App. P. 9.110(d) and must be filed (i.e., received by the Agency Clerk) within thirty days of rendition of this final order. 
Filing with the Department’s Agency Clerk may be accomplished by U.S. mail, express overnight delivery, hand delivery, facsimile transmission, or electronic mail. The address for overnight delivery or hand delivery is Joseph Gillespie, DHSMV Agency Clerk, Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, A-432, MS-2, Tallahassee, Florida 32399. The facsimile number is (850) 617-5112. The email address is OGCFiling@flhsmv.gov. 
Page 3 of 3 MOTORCYCLES OF ORLANDO, LLC, MOTORCYCLES OF DAYTONA, LLC & MOTORCYCLES OF TAMPA, LLC v. BMW OF NORTH AMERICA, LLC HSMV Case Nos. MS-21-234, MS-21-235 & MS-21-236 DOAH Case Nos. 21-1463, 21-1464 & 21-1465
Source:  Florida - Division of Administrative Hearings

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