STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DOAH CASE NOS.: 01-3498, 01-3581, 02-230 and 02-328 FINAL ORDER #: HSMV-02-214-S-DMV DAIMLERCHRYSLER MOTORS CORPORATION AND T. T. OF COMMERCIAL, INC., d/b/a SAWGRASS CHRYSLER JEEP, Petitioners, Case No. 01-3498 vs Jo P-CLS POMPANO MOTOR COMPANY AND DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Respondents. DAIMLERCHRYSLER MOTORS CORPORATION AND T. T. OF COMMERCIAL, INC., d/b/a SAWGRASS CHRYSLER JEEP, Petitioners, Case Nos. 01-3581 02-0230 vs. 02-0328 POMPANO MOTOR COMPANY, Respondents. / a FINAL ORDER This matter came before the Department for entry of a Final Order upon submission of an Order by J. D. Parrish, 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 as its Final Order in this matter. Accordingly, it is hereby ORDERED that these cases are closed. DONE AND ORDERED this f= day of April 2002, in Tallahassee, Leon County, Florida. "ARL A/FORD, Director Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399 Filed with the Clerk of the Division of Motor Vehicles this “4 ay of April 2002. 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: Dean Bunch, Esq. Sutherland, Asbill & Brennan, LLP 2282 Killearn Center Boulevard Tallahassee, Florida 32308-3561 John W. Forehand, Esq. Lewis, Longman & Walker, P.A. 125 South Gadsden Street, Suite 300 Tallahassee, Florida 32301 Charles D. Hood, Jr., Esq. Smith, Hood, Perkins, Loucks, Stout & Orfinger, P.A. P.O. Box 15200 Daytona Beach, Florida 32115 J, Martin Hayes, Esquire 1834 Hermitage Boulevard, Suite 201 Tallahassee, Florida 32308 Thomas H. Yardley, Esq. 1970 Michigan Avenue, Building D Cocoa, Florida 32922 Michael J. Alderman, Esquire Assistant General Counsel Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Rm. A-432 Tallahassee, Florida 32399-0504 J.D. Parrish Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Ronald Reynolds Dealer License Administrator Florida Administrative Law Reports Post Office Box 385 Gainesville, Florida 32602 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DAIMLER CHRYSLER MOTORS CORPORATION AND T. T. OF COMMERCIAL, INC., d/b/a SAWGRASS CHRYSLER JEEP, Petitioners, vs. POMPANO MOTOR COMPANY AND DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Respondents. DAIMLER CHRYSLER MOTORS CORPORATION AND T. T. OF COMMERCIAL, INC., a/b/a SAWGRASS CHRYSLER JEEP, Petitioners, Vs. MASSEY-YARDLEY CHRYSLER PLYMOUTH, INC., Respondent. we SSN SS SS Se SS SS ewe ewe ese ee Case No. 01-3498 RECEIVED ape 05 2002 Dept. of Highway Safely & Motor Vehicles Office of Ganaral Counse! Case No. 02-0231 DAIMLER CHRYSLER MOTORS CORPORATION AND T. T. OF COMMERCIAL, INC., d/b/a SAWGRASS CHRYSLER JEEP, Petitioners, vs. Case No. 01-3579 MASSEY-YARDLEY CHRYSLER PLYMOUTH, INC., AND DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Respondent. DAIMLER CHRYSLER MOTORS CORPORATION AND T. T. OF COMMERCIAL, INC., @/b/a SAWGRASS CHRYSLER JEEP, Petitioners, vs. Case Nos. 01-3581 02-0230 POMPANO MOTOR COMPANY, 02-0238 Respondent. a a a ee ORDER On April 2, 2002, a telephone conference call was conducted in this matter to address the status of the case and outstanding motions. Three outstanding motions were presented for consideration: Petitioner's Motion to Compel, Respondent's Motion for Discovery Sanction, and Respondent's request for continuance as an appropriate remedy for alleged discovery violations. Respondent, Pompano Motor Company, has filed A Notice of Dismissal. Having considered the pleading, the argument of counsel, and being fully advised, it is ORDERED: 1. DOAH Case Nos. 01-3498, 01-3581, 02-0230, and 02-0328 are hereby closed. Jurisdiction in these cases is relinquished to the agency as there are no disputed issues of material fact requiring hearing. Reference to the cases will be deleted from the style of this matter. 2. The Petitioner's Motion to Compel is denied. The Respondent, Massey-Yardley Chrysler Plymouth, Inc. (M-Y), has represented it will not attempt to offer evidence elicited from an unknown Chrysler employee. Therefore, the identity of such individual is unnecessary. If M-Y¥ determines it will attempt to offer such evidence at hearing, it must disclose the name of the individual no later than 5:00 p.m., April 8, 2002. Similarly, M-Y has represented it does not believe a new point is warranted under the statutory criteria. Therefore, the location of such new point is not disputed. If M-Y, or the experts retained by it, determine that if a new point is desirable it should be located at a point other than as proposed by Petitioner, such opinion must be disclosed to Petitioner no latex than 5:00 p.m., April 8, 2002. 3. With regard to Respondent's Motion for Discovery Sanction, Petition shall make Timothy M. Houran available for telephone deposition at Petitioner's expense. Respondent shall provide 48 hours notice for such deposition. 4. Respondent's request for a four-month continuance as an appropriate discovery Sanction is denied. DONE AND ORDERED this 3 day of April, 2002, in Tallahassee, Leon County, Florida. J.°D. PARRISH 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 day of April, 2002, COPIES FURNISHED; Michael g. Alderman, Esquire Department of Highway Safety and Motor Vehicles 2900 Apalachee Parkway Neil Kirkman Building, Room A432 Tallahassee, Florida 32399-0500 Dean Bunch, Esquire Sutherland, Asbill « Brennan, LLP 2282 Killearn Center Boulevard Tallahassee, Florida 32308-3561 John W. Forehand, Esquire Lewis, Longman & Walker, P.A. 125 South Gadsden Street Suite 300 Tallahassee, Florida 32301 Charles D. Hood, JUr., Esquire Smith, Hood, Perkins, Loucks, Stout & Orfinger, P.A. Post Office Box 15200 Daytona Beach, Florida 32115 J. Martin Hayes, Esquire 1834 Hermitage Boulevard Suite 201 Tallahassee, Florida 32308 Thomas H. Yardley, Esquire 1970 Michigan Avenue, Building D Cocoa, Florida 32922

Docket for Case No: 01-003581