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MAGLEV TRANSIT, INC. vs DEPARTMENT OF TRANSPORTATION, 93-002311 (1993)

Court: Division of Administrative Hearings, Florida Number: 93-002311 Visitors: 8
Petitioner: MAGLEV TRANSIT, INC.
Respondent: DEPARTMENT OF TRANSPORTATION
Judges: CHARLES C. ADAMS
Agency: Commissions
Locations: Orlando, Florida
Filed: Apr. 27, 1993
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, March 16, 1995.

Latest Update: Nov. 13, 2024

Docket for Case No: 93-002311
Issue Date Proceedings
Dec. 22, 1995 Order from the State of Florida Governor and Cabinet Sitting as the Board Pursuant to the Magnetic Levitation Demonstration Act re: executed Amendment to the Settlement Agreement filed.
Dec. 22, 1995 Order filed.
Nov. 08, 1995 Case File transferred to the Agency General Counsel (retention scheduled met at the Division level) for further disposition. FLWAC issued FO; file sent to Robert B. Bradley, Secretary, FLWAC
Mar. 31, 1995 Final Order filed.
Mar. 16, 1995 Order Closing File and Relinquishing Jurisdiction sent out. CASE CLOSED.
Mar. 14, 1995 Final Hearing Transcript of 11/15/94 (Volumes I & II); Final Hearing Transcript of 11/28/94 (Volume I only) filed.
Mar. 13, 1995 Transcript 2 volumes filed.
Feb. 17, 1995 Order Granting Opportunity to File Objection to Settlement sent out. (parties and entities who have been copied with this order may object to settlement agreement by filing a written objection with DOAH by 3/10/95)
Feb. 17, 1995 Greater Orlando Aviation Authority's Statement of No Objection filed.
Feb. 16, 1995 Orange County's Statement of No Objection to Settlement filed.
Feb. 15, 1995 Letter to HO from John C. Bottcher Re: Response to your request for a list of all entities that may have at one time been involved in the proceeding filed.
Feb. 13, 1995 City of Orlando, Florida Statement of No Objection filed.
Feb. 10, 1995 (Maglev Transit & Deerfield Master Homeowner Assn) Notice of Filing Stipulation for Withdrawal; Stipulation for Withdrawal; Order on Stipulation for Settlement (for HO signature); Cover Letter to CCA from R. Cox filed.
Feb. 03, 1995 Letter to HO from Robert Scott Cox re: Issuing order indicating intention to close the file unless objection is filed by the intervenors within 21 days filed.
Jan. 23, 1995 Joint Motion to Close File; Settlement Agreement filed.
Jan. 17, 1995 Transcript filed.
Dec. 13, 1994 Order Granting Continuance and Rescheduling Hearing sent out. (hearing rescheduled for Jan. 17, 1995 through Feb. 3, 1995; 10:00am; Tallahassee)
Dec. 09, 1994 Joint Stipulation And Motion for Continuance of Hearing filed.
Nov. 30, 1994 (Petitioner) Notice of Filing Depsosition of Expert Witness Tony R. Eastham filed.
Nov. 30, 1994 Deposition of Tony R. Eastham ; Errata Sheet filed.
Nov. 22, 1994 Request for Applications ; Cover Letter filed.
Nov. 21, 1994 Order sent out. (Osceola County's Motion to Adopt Stipulation is granted)
Nov. 17, 1994 (Respondent) Notice of Taking Deposition Duces Tecum filed.
Nov. 14, 1994 CASE STATUS: Hearing Partially Held, continued to January 17 to February 3, 1995; 10:00am; Tallahassee)
Nov. 08, 1994 Third Amended Notice of Hearing sent out. (hearing set for Nov. 14., 1994 et al.; 10:00am; Tallahassee)
Nov. 08, 1994 Ltr. to DMM from R. Cox enclosing Maglev Transit, Inc. Request for Modification and a supplement filed in response to the Department of Transportation`s Motion for Extension of Time (tagged due to volume and delivered to HO) filed.
Nov. 07, 1994 Order Following Pre-Hearing Conference sent out.
Nov. 03, 1994 Order Granting Extension of Time for Prehearing Stipulation sent out.
Nov. 03, 1994 (Petitioner) Notice of Appearance; Petitioner MTI's Response to FDOT's Motion In Limine; Maglev Transit, Inc.'s Motion for Relief From Order Compelling Expedited Discovery Regarding Submission of Exhibit; Petitioner MTI's Response to FDOT's Motion for S
Nov. 02, 1994 Deposition of Tony R. Eastham ; Petitioner's Motion for Summary Recommended Order filed.
Nov. 02, 1994 Prehearing Statement of Petitioner, Maglev Transit, Inc. filed.
Oct. 31, 1994 Department of Transportation's Supplement to Discovery; Department ofTransportation's Prehearing Statement; Prehearing Stipulation filed.
Oct. 31, 1994 (Intervenors) Notice of Withdrawal As Party Intervenor filed.
Oct. 31, 1994 Notice of Deposition Duces Tecum (Petitioner) filed.
Oct. 28, 1994 Respondent's Motion In Limine to Limit Testimony; Memorandum of Law In Support of Respondent's Motion In Limine to Limit Testimony; Department of Transportation's Motion for Relief From Discovery Order filed.
Oct. 27, 1994 (Petitioner) Notice of Deposition Duces Tecum filed.
Oct. 25, 1994 (Respondent) Motion for Extension of Time for Prehearing Stipulation filed.
Oct. 24, 1994 (Respondent) Motion for Summary Recommended Order filed.
Oct. 24, 1994 Department of Transportation's Final Witness List filed.
Oct. 24, 1994 Memorandum of Law in support of Respondent`s Motion for Summary Recommended Order filed.
Oct. 24, 1994 Deerfield/Centex Final Witness List filed.
Oct. 21, 1994 (Intervenors) Final Witness List filed.
Oct. 21, 1994 Department of Transportation's Response to Homeowner's Brief Regarding Adequacy of Notice Issue filed.
Oct. 21, 1994 (Petitioner) Witness List filed.
Oct. 21, 1994 (Petitioner) Response to Request for Admissions filed.
Oct. 19, 1994 Amended Notice of Hearing and Order Changing Venue sent out. (hearing set for Nov. 9 - Nov. 18 & Nov. 28 - Dec. 16, 1994; 10:00am; Tallahassee)
Oct. 18, 1994 Orange County's Final Witness List filed.
Oct. 14, 1994 City of Orlando, Florida Final Witness List filed.
Oct. 14, 1994 (Respondent) Second Amended Notice of Taking Deposition Duces Tecum filed.
Oct. 11, 1994 (Intervenors) Brief Regarding Adequacy of Notice Issue filed.
Oct. 10, 1994 (2) Amended Notice of Taking Deposition Duces Tecum; Second Amended Notice of Taking Deposition filed. (From John C. Bottcher)
Oct. 10, 1994 Orange County, Florida Request for Admissions From Maglev Transit, Inc. filed.
Oct. 07, 1994 (Maglev Transit, Inc.) Preliminary Witness List filed.
Oct. 06, 1994 City of Orlando, Florida Opposition to Change of Venue filed.
Oct. 06, 1994 Orange County, Florida Opposition to Change of Venue filed.
Oct. 05, 1994 Department of Transportation's Notice of Intent to Use Summaries; Notice of Taking Deposition Duces Tecum 2) filed.
Oct. 05, 1994 Department of Transportation's Position on Holding Final Hearing in Tallahassee filed.
Sep. 29, 1994 GOAA's Preliminary Witness List filed.
Sep. 28, 1994 Department of Transportation's First Request for Admissions From Petitioner, Maglev Transit, Inc.; Notice of Service of Interrogatories filed.
Sep. 28, 1994 Department of Transportation's First Request for Production From Petitioner, Maglev Transit, Inc. filed.
Sep. 27, 1994 Order of Consolidation sent out. (Consolidated cases are: 93-2311ML, 94-4635ML & 94-4664ML)
Sep. 27, 1994 Amended Notice of Hearing sent out. (hearing set for 12/16/94; 9:30am; Orlando)
Sep. 27, 1994 Prehearing Order sent out. (prehearing stipulation due no later than 15 days prior to date for final hearing)
Sep. 27, 1994 Order sent out. (Intervenors shall file their legal memoranda no later than October 21, 1994)
Sep. 27, 1994 Order Compelling Expedited Discovery sent out. (an expedited discovery schedule is established for this proceeding in accordance with paragraphs 2-15 of this order.
Sep. 27, 1994 Order Denying Continuance sent out. (moton for continuance)
Sep. 27, 1994 Order Denying Intervention sent out. (petition to intervene denied)
Sep. 27, 1994 Order Appointing Liason Counsel sent out. (respondent is appointed as liaison counsel)
Sep. 20, 1994 Orange County's Preliminary Witness List filed.
Sep. 20, 1994 City of Orlando, Florida Preliminary Witness List filed.
Sep. 16, 1994 Orange Seminole Osceola Transportation Authority Preliminary Witness List filed.
Sep. 16, 1994 Department of Transportation's Prehering Statement And Response to MTI's Motion for Continuance filed.
Sep. 15, 1994 City of Orlando, Florida Preliminary Witness List filed.
Sep. 15, 1994 Department of Transportation's Preliminary List of Witnesses filed.
Sep. 15, 1994 (Petitioner) Motion for Continuance of Administrative Hearing And Request to Establish Briefing Schedule for Threshold Issues filed.
Sep. 15, 1994 Deerfield/Centex Preliminary Witness List filed.
Sep. 15, 1994 Letter to Parties of Record from J. Bottcher (re: notification of prehearing conference set for 9/19/94; 2:00pm) filed.
Sep. 02, 1994 Department of Transportation's Second Motion for Consolidation (with DOAH Case No/s. 93-2311ML, 94-4635ML & 94-4664ML) filed.
Sep. 02, 1994 Department of Transportation's Motion to Consolidate (with DOAH Case No/s. 94-4635ML & 93-2311ML) filed.
Sep. 02, 1994 Department of Transportation's Motion to Reschedule Prehearing Conference and Hearing filed.
Aug. 24, 1994 Order Continuing And Rescheduling Prehearing Conference sent out. (prehearing conference is rescheduled for 9/19/94; 9:30am; Orlando)
Aug. 24, 1994 Order Appointing Liaison Counsel sent out. (counsel for respondent is appointed liasion counsel)
Aug. 24, 1994 Letter to DSM from Jacob D. Varn (re: notice of hearing) filed.
Aug. 18, 1994 Centex/Deerfield's Request for Administrative Hearing Pursuant to Section 341.413(3) filed.
Aug. 02, 1994 Notice of Substitution of Counsel for Department of Environmental Protection filed.
Aug. 01, 1994 Department of Transportation's Notice of Proposed Agency Action And Statement of Position filed.
Jun. 30, 1994 Notice of Substitution of Counsel for Department of Community Affairs filed.
Jun. 29, 1994 (DCA) Notice of Substitution of Counsel for Department of Community Affairs filed.
Jun. 24, 1994 (Intervenor) Petition to Intervene and Objection to Proposed Modification of the Certification Issued for the Flroida Magnetic Levitation Demonstration Project on June 12, 1991 filed.
Jun. 22, 1994 Order Continuing And Rescheduling Formal Hearing sent out. (hearing date to be rescheduled at a later date, between August and November, 1994)
Jun. 22, 1994 Notice of Hearing sent out. (hearing set for 11/7-18/94, 9:30 a.m., Orlando)
Jun. 02, 1994 (Intervenors) Response To DOT's Motion To Reserve Time for Hearing filed.
May 27, 1994 Department of Transportation's Motion Reserve Time for Hearing filed.
May 26, 1994 Deerfield/Centex's Memorandum Opposing the DOT'S and Thyssen's Responses to the Order on Pending Motions filed.
May 19, 1994 Greater Orlando Aviation Authority's Response To Department of Transportation's Request For Continuance filed.
May 18, 1994 (Petitioner) Notice of Filing Afidavit in Support of FDOT's Request for Extension of Time w/Affidavit filed.
May 18, 1994 Department of Transportation's Motion to Reschedule Prehearing Conference filed.
May 16, 1994 (Intervenors) Response to Order to Show Cause filed.
May 16, 1994 Department of Transportation's Response To Order On Pending Motions filed.
May 09, 1994 (DEP) Notice of Appearance filed.
May 05, 1994 Order on Pending Motions sent out.
May 04, 1994 Thyssen's Supplemental Response To Department of Transportation's Motion for Extension of Time filed.
Apr. 29, 1994 (Centrex Homes & Deerfield Master Homeowners) Notice of Filing And Certificate of Service; Joinder In Objection To Thyssen's Request For Modification filed.
Apr. 29, 1994 Notice of Appearance For Department of Transportation filed.
Apr. 28, 1994 MTI's Motion In Opposition To Thyssen's Motion To Consolidate And Renewed Request For Oral Argument And Rehearing Standing filed.
Apr. 25, 1994 Thyssen's Motion to Consolidate filed.
Apr. 22, 1994 (Petitioner) Objection To Thyssen Request For Modification filed.
Apr. 22, 1994 MTI Notice of Filing Objection To Thyssen Request for Modification filed.
Apr. 21, 1994 Department of Transporation's Correction To Motion for Extension of Time filed.
Apr. 20, 1994 Response To Department of Transportation's Motion for Extension of Time filed.
Apr. 20, 1994 Department of Transportation's Correction To Motion for Extension of Time filed.
Apr. 18, 1994 Department of Transportation's Motion for Extension of Time; Department of Transportation's Motion For Oral Argument; Certificate of Service filed.
Apr. 18, 1994 Department of Transportation's Motion for Consolidate filed.
Mar. 31, 1994 (Intervenors) Notice of Filing Request for Modification of Certification; Request for Modification of Certification filed.
Mar. 07, 1994 Notice of Substitution of Counsel filed. (From Thomas T. Ross)
Feb. 24, 1994 South Florida Water Management District`s Notice of Change on Service List filed.
Feb. 23, 1994 Order Granting Intervention sent out. (Intervenor: Thyssen-Henschel America, Inc. and Thyssen Industrie Ag Henschel)
Feb. 23, 1994 Order Granting Intervention sent out. (Intervenor: Greater Orlando Aviation Authority (GOAA))
Feb. 23, 1994 Order Granting Intervention sent out. (Intervenor: Orange-Seminole-Osceola Transportation Authority (LYNX))
Feb. 23, 1994 Order Scheduling Prehearing Conference sent out. (conference set for 5/20/94; 1:30pm; Orlando)
Feb. 23, 1994 Order Vacating Abeyance sent out.
Feb. 16, 1994 Florida Game and Fresh Water Fish Commission's Notice of Intent to Bea Party And Notice of Change of Service List filed.
Feb. 16, 1994 Letter to SLS from Paul H. Chipok (re: FL Magnetic Levitation Demonstration Project Request for Modification of Certification) filed.
Feb. 14, 1994 Objections to Maglev Transit Inc.'s Request for Modification and Petition for Formal Administrative Hearing filed.
Feb. 07, 1994 Amended Petition for Leave to Intervene filed. (From Jacob D. Varn)
Jan. 31, 1994 Lynx's Petition to Intervene filed.
Jan. 25, 1994 (Respondent) Notice of Filing Public Notices of Request for Modification filed.
Jan. 13, 1994 (Greater Orlando Aviation Authority) Petition for Leave to Intervene filed.
Jan. 11, 1994 (Greater Orlando Aviation Authority) Petition for Leave to Intervene filed.
Dec. 30, 1993 (Petitioner) Notice of Filing w/attached list filed.
Dec. 08, 1993 Department of Transportation`s Motion for Prehearing Conference; Florida Department of Transportation`s Response to the Petition for Leave to Intervene of Thyssen-Henschel America, Inc. filed.
Dec. 06, 1993 Response and Motion to Dismiss Petition for Leave to Intervene and Request for Oral Argument filed.
Nov. 24, 1993 (Thyssen-Henschel America, Inc.) Petition for Leave to Intervene filed.
Aug. 31, 1993 Order of Abeyance sent out. (Parties to file status report by 12/31/93)
Aug. 20, 1993 Florida Department of Transportation's Response to Maglev Transit, Inc.'s Motion to Abate and Relinquish Jurisdiction filed.
Aug. 19, 1993 Orange County's Notice of No Objection to MTI's Motion to Abate and Relinquish Jurisdiction to the Department of Transportation filed.
Aug. 12, 1993 (Respondent) Notice of Filing w/Ltr to DSM from Robert Scott Cox, et al. filed.
Aug. 11, 1993 Order Denying Motion to Dismiss and Order of Abeyance sent out.
Aug. 10, 1993 (Petitioner) Motion to Abate and Relinquish Jurisdiction to the Department of Transportation filed.
Aug. 05, 1993 Service List to Osceola County's Motion to Adopt Stipulation filed.
Aug. 04, 1993 Osceola County's Motion to Adopt Stipulation filed.
Jul. 02, 1993 (Respondent) Notice of Receipt and Filing Of Notice of Appearance filed.
Jun. 18, 1993 Notice of Filing and Certificate of Service; Request for Oral Argument; Deerfield/Centex Brief Regarding the Adequacy of Notice of Realignment w/(TAGGED) copies of The West Orange Times as cited in the brief filed. (From Kevin W. Shaughnessy)
Jun. 18, 1993 Memorandum of Law in Support of Motion to Dismiss w/Exhibits A-C filed. (From Robert Scott Cox)
Jun. 17, 1993 Florida Department of Transportation's Memorandum of Law on The Validity of Publishing of Notice in the West Orange Times filed.
Jun. 15, 1993 Order Granting Motion to Expedite sent out.
Jun. 15, 1993 Order Reserving Ruling on Cross Motions for Formal and Informal Hearing sent out.
Jun. 14, 1993 Order sent out. (Motion to dismiss denied, based upon paragraphs 5 & 6)
Jun. 14, 1993 Transcript; Certificate of Service of Answers to Interrogs. filed.
Jun. 04, 1993 Notice of filing and Certificate of Service w/(2) Affidavit filed.
Jun. 04, 1993 Supplemental Affidavit filed. (From Andrew Bailey)
Jun. 03, 1993 Order Granting Leave to Petition to Intervene, sent out. (for Centex Homes, Inc., and Deerfield Master Homeowner Association, Inc.)
Jun. 03, 1993 Notice of Hearing sent out. (hearing set for 8/23-27/93; 9:00am; Orlando)
May 25, 1993 Maglev Transit, Inc.'s First Request for Production of Documents filed.
May 21, 1993 Deerfield/Centex's Memorandum in Opposition to Motion to Dismiss; Notice of Filing and Certificate of Service filed.
May 19, 1993 Department of Transportation's Response to Order Scheduling Prehearing Conference filed.
May 19, 1993 (Centex Homses, Inc.) Notice of Service of Expert Witness Interrogatories; Notice of Service of Interrogatories; Notice of Filing and Certificate of Service filed.
May 18, 1993 (Petitioner) Notice of Filing Pleading From Orange-Seminole-Osceola Transportation Authority filed.
May 12, 1993 Notice of Filing and Certificate of Service; Centx Homes, Inc. and the Deerfield Master Homeowner Assoc., Inc's Response to Initial Order; Motion for Formal Hearing and Supporting Memorandum filed.
May 12, 1993 Motion to Dismiss or in the Altervative Petition for Informal Hearing Pursuant to FL Statutes 341.413(3) and 120.57(2) filed.
May 10, 1993 Form Order Compelling Discovery (unsigned form) sent out.
May 10, 1993 Order Scheduling Prehearing Conference sent out. (prehearing conference will be held 5-26-93; 9:00am; Orlando)
May 10, 1993 Centex/Deerfield's First Request for Production of Documents filed.
May 10, 1993 Letter to DSM from Kevin W. Shaughnessy (re: request for subpoena) filed.
May 06, 1993 (Respondent) Notice of Filing And Certificate of Service w/Department of Transporation`s Response to Initial Order filed.
Apr. 29, 1993 Initial Order issued.
Apr. 27, 1993 Agency referral letter; Objeciton to Modification and Petition for Administrative Proceeding; Petition to Intervene filed.
(Greater Orlando Aviation Authority) Petition for Leave to Intervene filed.
City of Orlando, Florida Preliminary Witness List filed.
Source:  Florida - Division of Administrative Hearings

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