STATE OF FLORIDA : DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES 208 JUL 1S A 142 DOAH CASE NO.: 07-5040 FINAL ORDER #: HSMV-08-1143-S-DMV ONVISION OF ADMINISTRATIVE VENTO NORTH AMERICA, LLC, AND REARINGS MOBILITY TECH, INC., Petitioners, vs. DISCOUNT SCOOTERS, INC., Respondent. / FINAL ORDER This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by Daniel M. Kilbride, 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 Closing File as its Final Order in this matter. Accordingly, it is hereby ORDERED that this case is CLOSED. DONE AND ORDERED this HE aay of July, 2008, in Tallahassee, Leon County, Florida. Pl woll) Pre CARL A. FORD, Director ; Division of Motor Vehicles a Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399 Filed with the Clerk of the Division 9f Motor Vehicles this _// day of July, 2008. 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: Brooke S. Gentile Discount Scooters, Inc. 5908 North Armenia Avenue Tampa, Florida 33603 Carlos Urbizu Mobility Tech, Inc., d/b/a Charlie’s Scooter Depot 5720 North Florida Avenue, Unit 2 Tampa, Florida 33604 Alma Gonzalez Vento North America 6190 Cornerstone Court E, Suite 200 San Diego, California 92121 Michael J. Alderman, Esquire Department of Highway Safety and Motor Vehicles Neil Kirkman Building 2900 Apalachee Parkway, Room A432 Tallahassee, Florida 32399 Die ae of Adminicvate Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Nalini Vinayak Dealer License Administrator Florida Administrative Law Reports Post Office Box 385 Gainesville, Florida 32602 . : STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS VENTO NORTH AMERICA, LLC, AND MOBILITY TECH, INC., Petitioners, DISCOUNT SCOOTERS, INC., ) ) ) ) ) vs. ) Case No. 07-5040 ) ) ) Respondent. ) ) ORDER CLOSING FILE THIS CAUSE having come before the undersigned Administrative Law Judge sua sponte upon review of the undersigned's Order to Show Cause and Petitioner Vento North America, LLC’s (Vento), response thereto by letter, dated May 6, 2008. Petitioner Mobility Tech, Inc., and Respondent not filing a response to the Order to Show Cause or Vento’s letter, within the time directed by the Order to Shaw Cause, and being fully advised in the premises, it is FOUND AND DETERMINED that the parties, and each of them, have failed to comply with the specific directions of the undersigned in his Order to Show Cause, dated May 5, 2008, and that none of the parties have identified those material facts that are in dispute, pursuant to Sections 320.642 and 320.699, Florida Statutes; and, thus, it appears that a formal hearing is unnecessary. It is, therefore, ORDERED that Respondent's request for hearing is dismissed, jurisdiction is relinquished to the Department of Highway Safety and Motor Vehicles for final agency action, and the file of the Division of Administrative Hearings is closed. STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS VENTO NORTH AMERICA, LLC, AND MOBILITY TECH, INC., Petitioners, DISCOUNT SCOOTERS, INC., ) ) ) ) ) vs. ) Case No. 07-5040 ) ) ) Respondent. ) ) NOTICE OF EX-PARTE COMMUNICATION This cause came before the undersigned on Vento North America, LLC's, letter filed May 7, 2008. Pursuant to Subsection 120.66(2), Florida Statutes, the communication is hereby placed on the record. No party may communicate in writing with the Administrative Law Judge concerning matters of substance in this case without providing a copy of such written communication to all other parties. No party may communicate orally with the Administrative Law Judge concerning matters of substance in this case unless-the other parties are able to hear the oral communication. Attention is further directed to Rule 28-106.104, Florida Administrative Code, which requires as follows: (4) Whenever a party files a pleading or other document with the agency, that party shall serve copies of the pleading or other document upon all other parties to the proceeding. A certificate of service shall accompany each pleading or other document filed with the agency. DONE AND ENTERED this 15th day of May, 2008, in Tallahassee, Leon County, Florida. DANIEL M. KILBRIDE 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 15th day of May, 2008. COPIES FURNISHED: Michael J. Alderman, Esquire Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A-432 2900 Apalachee Parkway Tallahassee, Florida © 32399-0635 Brooke S. Gentile Discount Scooters, Inc. 5908 North Armenia Avenue Tampa, Florida 33603 Carlos Urbizu Mobility Tech, Inc., d/b/a Charlie's Scooter Depot 5720 North Florida Avenue, Unit 2 Tampa, Florida 33604 Alma Gonzalez Vento North America 6190 Cornerstone Court E, Suite 200 San Diego, California 92121 May 7 2008 13:19 Q8/67/2008 89:15 858-5460711 VENTO NORTH AMERICA PAGE @1/@1 Vento North America 6190 Cornerstone Court, E, Suite # 200 San Diego, C4 92121 Tel (858)427-1450 Fax (858)546-0711 www, vento.cam May 6, 2008 Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Dear Judge Daniel M. Kilbride: Vento North America, LLC has discussed on several occasion the possibility of settlement with Mr. Brooke, Gentile. The discussion with Mr. Brooke Gentile was to allow Charlie’s Scooter Depot to sell VENTO MODELS which are manufacturer by Jialing and Qianjiang, which Discount Scooters is okay with, but his dispute is that he does not want Charlie’s Scooter Depot to sell the other models _ that are manufacturer by Jialing and Qianjiang except for VENTO models. Discount Scooters at this time in not carrying any VENTO models and is no longer interested in carrying VENTO models as he is carrying other MODELS manufacturer by Jialing and Qianjiang. We understand that the same manufacturer makes different models; therefore it should not matter if one dealer sells same make-line but different models. I don’t see why there would be a problem for both dealers to sell the same line-make and the models are different and the names of scooters are different as well. Please take in consideration that both dealers are selling different Models. Sincerely, MOTORCYCLES, U.S.A

Docket for Case No: 07-005040