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DAIMLER CHRYSLER MOTORS CORPORATION AND T. T. OF COMMERCIAL, INC., D/B/A SAWGRASS CHRYSLER JEEP vs POMPANO MOTOR COMPANY, 02-000230 (2002)

Court: Division of Administrative Hearings, Florida Number: 02-000230 Visitors: 5
Petitioner: DAIMLER CHRYSLER MOTORS CORPORATION AND T. T. OF COMMERCIAL, INC., D/B/A SAWGRASS CHRYSLER JEEP
Respondent: POMPANO MOTOR COMPANY
Judges: J. D. PARRISH
Agency: Department of Highway Safety and Motor Vehicles
Locations: Tallahassee, Florida
Filed: Jan. 16, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, April 3, 2002.

Latest Update: Dec. 23, 2024
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: 02-000230
Issue Date Proceedings
Apr. 16, 2002 Final Order filed.
Apr. 08, 2002 Notice of Intent to Use Summary (filed by M. Hayes via facsimile).
Apr. 03, 2002 Order issued. CASE CLOSED.
Apr. 02, 2002 Massey Yardley`s Reply to Daimler Chrysler`s Motion to Compel (filed via facsimile).
Apr. 02, 2002 Daimler Chrysler`s Response in Opposition to Massey-Yardley`s Motion for Discovery Sanction (filed via facsimile).
Apr. 01, 2002 Notice of Dismissal filed by J. Forehand.
Apr. 01, 2002 Respondent, Massey-Yardley Chrysler Plymouth, Inc.`s Amended Answers to Petitioner`s First Interrogatories (filed via facsimile).
Apr. 01, 2002 Respondent, Massey-Yardley Chrysler Plymouth, Inc.`s First Amended Response to Petitioner`s First Request for Production of Documents (filed via facsimile).
Apr. 01, 2002 Respondent, Massey-Yardley Chrysler Plymouth, Inc`s Notice of Filing its First Amended Response to Petitioner`s First Set of Interrogatories (filed via facsimile).
Apr. 01, 2002 Notice of Appearance (filed by J. Forehand via facsimile).
Mar. 27, 2002 Order issued (the motion to stay is denied, the motion for continuance is denied, the motion of J. Forehand to withdraw as counsel is granted).
Mar. 27, 2002 Notice of Filing (filed by J. Hayes via facsimile).
Mar. 27, 2002 Amended Notice of Hearing issued. (hearing set for April 15 through 19 and 22 through 24, 2002; 9:00 a.m.; Tallahassee, FL, amended as to Dates of Hearing).
Mar. 26, 2002 Motion for Discovery Sanction (failure to produce documents filed by T. Yardley via facsimile).
Mar. 26, 2002 Notice of Filing, Exhibit 1 from Deposition of T. Houran filed by T. Yardley
Mar. 26, 2002 Notice of Filing, 2 Volumes of Exhibit 1 filed.
Mar. 26, 2002 Amended Notice of Deposition, J. Brown (filed via facsimile).
Mar. 25, 2002 Notice of Telephonic Hearing issued (telephonic hearing set for Mrch 26, 2002, at 10:00 a.m.).
Mar. 25, 2002 Daimlerchrysler Motors Company, LLC`s Notice of Deposition Duces Tecum, R. Dilmore (filed via facsimile).
Mar. 25, 2002 Notice of Hearing (filed by W. Forehand via facsimile).
Mar. 25, 2002 Daimlerchrysler`s Motion to Compel (filed via facsimile)
Mar. 22, 2002 Daimlerchrysler Motors Company, LLC`s Notice of Deposition Duces Tecum, R. Dilmore (filed via facsimile).
Mar. 22, 2002 Notice of Hearing (filed by J. Forehand via facsimile).
Mar. 22, 2002 Amended Notice of Deposition, J. Browne (filed via facsimile).
Mar. 22, 2002 Response to Motion for Stay (filed by Petitioner via facsimile).
Mar. 22, 2002 Response to Motion for Continuance (filed by Petitioner via facsimile).
Mar. 22, 2002 Daimlerchrysler Motors Company, LLC`s Notice of Taking Deposition Duces Tecum, J. Roesner (filed via facsimile).
Mar. 20, 2002 Notice of Cancellation of Deposition, J. Dimond (filed via facsimile).
Mar. 20, 2002 Amended Notice of Taking Deposition, T. Taylor (filed via facsimile).
Mar. 19, 2002 Pompano Motor Company`s Notice of Taking Deposition of Terry Taylor (filed via facsimile).
Mar. 19, 2002 Notice of Deposition, J. Brown, T. Taylor (filed via facsimile).
Mar. 18, 2002 Motion for Stay filed by J. Forehand
Mar. 15, 2002 Motion to Withdraw as Counsel for Respondent, Massey-YardleyChrysler Plymouth (filed J. Forehand via facsimile).
Mar. 15, 2002 Daimlerchrysler Motor Company, LLC`s Notice of Compliance With March 5, 2002 Order (filed via facsimile).
Mar. 15, 2002 Motion for Continuance (filed by Pompano via facsimile).
Mar. 14, 2002 Order Granting Motion to Reset Pre-Hearing Telephone Conference issued.
Mar. 12, 2002 Notice of Appearance (filed by J. Forehand).
Mar. 12, 2002 Motion to Reset Hearing (filed by Petitioner via facsimile).
Mar. 12, 2002 Daimlerchrysler Motors Company, LLC`s Second Amended Notice of Taking Deposition of Ron Jellis changed as to time only filed via facsimile).
Mar. 12, 2002 Daimlerchrysler Motors Company, LLC`s Third Amended Notice of Taking Deposition of Herbert Yardley (changed as to date and time only) (filed via facsimile).
Mar. 11, 2002 Notice of Deposition, V. Gray, J. Anderson, J. Dimond (filed via facsimile).
Mar. 08, 2002 Daimlerchrysler Motors Company, LLC`s Amended Notice of Taking Deposition of Ron Jellis (filed via facsimile).
Mar. 08, 2002 Daimlerchrysler Motors Company, LLC`s Second Amended Notice of Taking Deposition of Herbert Yardley (filed via facsimile).
Mar. 07, 2002 Daimlerchrysler Motors Company, LLC`s Amended Notice of Taking Deposition, H. Yardley, R. Jellis (filed via facsimile).
Mar. 05, 2002 Order issued. (case no. 02-0328 was added to the consolidated batch; case no. 01-3580 will be closed by separate order)
Feb. 26, 2002 Withdrawal of Protest and Consent to Establishment (filed by Respondent via facsimile).
Feb. 21, 2002 Daimlerchrysler Motors Company, LLC`s Notice of Taking Deposition (2), E. Accardi, H. Yardley (filed via facsimile).
Feb. 21, 2002 Daimlerchrysler Motors Company, LLC`s Amended Notice of Taking Deposition (changed as to time only), E. Accardi (filed via facsimile).
Feb. 20, 2002 Daimlerchrysler Motor Company, LLC`s Notice of Intent to use Summary (filed via facsimile).
Feb. 14, 2002 Rebuttal to Daimlerchrysler`s Response in Opposition to Massey-Yardley`s Reply to Motion to Compel Regarding its First Request for Production of Documents (filed via facsimile).
Feb. 13, 2002 Daimler Chrysler`s Response in Opposition to Massey-Yardley`s Motion to Compel Regarding Its First Set of Interrogatories and Second Request for Production of Documents (filed via facsimile).
Feb. 12, 2002 Notice of Taking Deposition, V. Gray filed.
Feb. 12, 2002 Respondent, Massey-Yardley`s Reply to Motion to Compel (filed via facsimile)
Feb. 11, 2002 Notice of Deposition, T. Houran, D. Morgan filed.
Feb. 11, 2002 Respondent, Massey-Yardley`s Motion to Strike Daimler`s Motion to Compel because of Movant`s Failure to Engage in Consultation Required by Rule 28-106.2 filed.
Feb. 11, 2002 Daimlerchrysler`s Response in Opposition to Massey-Yardley`s Motion to Compel Regarding its First Request for Production of Documents (filed via facsimile)
Feb. 11, 2002 Daimlerchrysler Motors Company, LLC`s Objections and Responses to Respondent`s January 7, 2002 Request for Production of Documents (filed via facsimile).
Feb. 11, 2002 Daimlerchrysler`r Responsee in Opposition to Massey-Yardley`s Motion to Compel Regarding its First Request for Production of Documents (filed via facsimile)
Feb. 08, 2002 Daimlerchrysler`s Response in Opposition to Massey-Yardley`s Motion to Compel Regarding its First Request for Production of Documents (filed via facsimile)
Feb. 08, 2002 Daimlerchyrsler Motors Company, LLC`s Motion to Quash Notice of Taking Deposition Duces Tecum of Deborah Morgan (filed via facsimile).
Feb. 08, 2002 Daimerchrysler Motors Company, LLC`s Objections to Respondent`s Request for Production of Documents Prepared by Deborah Morgan (filed via facsimile).
Feb. 08, 2002 Daimlerchrysler`s Response in Opposition to Motion to Strike (filed via facsimile).
Feb. 07, 2002 Daimlerchrysler`s Response in Opposition to Motion to Strike (filed via facsimile).
Feb. 07, 2002 Motion to Compel filed by J. Hayes
Feb. 07, 2002 Notice of Telephone Conference issued (hearing set for February 19, 2002, 10:00 a.m.)
Feb. 05, 2002 Respondent Massey-yardley`s Motion to Compel (First Request for Production to Daimlercrysler Motors Corproation) filed.
Feb. 05, 2002 Daimlerchrysler`s Response to Motion to Continue and Response to Motion to Dismiss (filed via facsimile).
Feb. 04, 2002 Motion to Compel filed by Petitioner.
Feb. 04, 2002 Respondent Massey-Yardley`s Request for Production of Documents Prepared by Deborah Morgan filed.
Feb. 04, 2002 Request for Production of Documents filed.
Feb. 04, 2002 Notice of Taking Deposition Duces Tecum, D. Morgan filed.
Feb. 04, 2002 Daimlerchrysler Motors Company, LLC`s Motion to Quash Notice of Taking Deposition Duces Tecum of Deborah Morgan (filed via facsimile).
Feb. 04, 2002 Daimlerchrysler Motors Company, LLC`s Objections to Respondent`s Request for Production of Documents Prepared by Deborah Morgan (filed via facsimile).
Feb. 01, 2002 Motion to Continue and Response to Motion to Dismiss filed by Respondents.
Jan. 29, 2002 Daimlerchrysler Motors Company, LLC`s Motion to Dismiss Petitions (filed via facsimile).
Jan. 28, 2002 Daimlerchrysler Motors Company, LLC`s Objections and Responses to Respondent`s January 8, 2002 Request for Production of Documents (filed via facsimile).
Jan. 28, 2002 Notice of Appearance (filed by D. Bunch and R. Kent via facsimile).
Jan. 24, 2002 Order of Pre-hearing Instructions issued.
Jan. 24, 2002 Amended Notice of Hearing issued. (hearing set for April 8 through 12 and 15 through 19, 2002; 9:00 a.m.; Tallahassee, FL, amended as to Include All Consolidated Cases).
Jan. 24, 2002 Order of Consolidation Cases: 02-000230, 02-000231) were added to the consolidated batch.
Jan. 23, 2002 Joint Response to Initial Order (filed via facsimile).
Jan. 17, 2002 Initial Order issued.
Jan. 16, 2002 Petition or Complaint Protesting Establishment of Dealership filed.
Jan. 16, 2002 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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