STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

DOAH CASE NO.: 09-2716 DMV CASE NO. 09-0968

FINAL ORDER#: HSMV-09- /'rlt,7 -S-DMV

MOTO DEALER IMPORT, LLC AND SCOOTER DEPOT, LLC

Petitioners,

vs.

WILD HOGS SCOOTERS AND MOTORSPORTS, LLC

Respondent.

'

FINAL ORDER

This matter came before the Department for entry of a Final Order upon submission of a Recommended Order of Dismissal by Lawrence P. Stevenson, Administrative Law Judge of the Division of Administrative Hearings. The Department hereby adopts the Recommended Order of Dismissal as its Final Order in this matter.

Accordingly, it is hereby

ORDERED that this case is CLOSED and a license may be issued to Scooter Depot, LLC to sell motorcycles manufactured by Shanghai Shenke Motorcycle Co. Ltd. (SHEN) at 250 East Lake Mary Boulevard, Sanford (Seminole County), Florida 32773, upon compliance with all applicable requirements of Section 320.27, Florida Statutes, and all applicable Department rules.

Filed September 30, 2009 3:26 PM Division of Administrative Hearings.

DONE AND ORDERED this:zti..y of September, 2009, in Tallahassee, Leon County, Florida.

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

<n°'·.; u

this a-,dJ,, day of September, 2009.

tialini Vinayak, Dealer Admlnillralor

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.

CAF/vlg

Copies furnished:

Jack Lin

Moto Dealer Import, LLC

4998B South Royal Atlanta Drive Tucker, Georgia 30084

2

Jason Rupp

Wild Hogs Scooters & Motorsports, LLC 3311 West Lake Mary Boulevard

Lake Mary, Florida 32746

Alan Norris

Scooter Depot, LLC

250 East Lake Mary Boulevard Sanford, Florida 32773

Michael J. Alderman, Esquire Department of Highway Safety and Motor Vehicles

Neil Kirkman Building

2900 Apalachee Parkway, Room A432 Tallahassee, Florida 32399

Lawrence P. Stevenson Administrative Law Judge

Division of Administrative 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

3

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MOTO DEALER IMPORT, LLC AND SCOOTER DEPOT, LLC,

Petitioners,

vs.

WILD HOGS SCOOTERS AND MOTORSPORTS, LLC,

Case No. 09-2716

Respondent.

RECOMMENDED ORDER OF DISMISSAL

On July 15, 2009, the undersigned issued an Order Canceling Hearing and Placing Case in Abeyance, which directed the parties to comply with the Order no later than the close of business on August 14, 2009, and advised the parties that failure to comply with the terms of the Order would result in a recommended order of dismissal. The parties having failed to comply with the terms of the Order, it is

RECOMMENDED that the Department of Highway Safety and Motor Vehicles enter a final order dismissing Respondent's complaint filed pursuant to Section 320.642, Florida Statutes (2008).

DONE AND ENTERED this 3rd day of September, 2009, in Tallahassee, Leon County, Florida.

LAWRENCE P. STEVENSON

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 3rd day of September, 2009.

COPIES FURNISHED:

Carl A. Ford, Director Division of Motor Vehicles

Department of Highway Safety and Motor Vehicles

Neil Kirkland Building, Room B-439

2900 Apalachee Parkway

Tallahassee, Florida 32399-0500

Robin Lotane, General Counsel Department of Highway Safety and

Motor Vehicles

Neil Kirkman Building 2900 Apalachee Parkway

Tallahassee, Florida 32399-0500

Jennifer Clark

Department of Highway Safety and Motor Vehicles

Neil Kirkman Building, Room A-308 2900 Apalachee Parkway

Tallahassee, Florida 32399-0635

Jack Lin

Moto Dealer Import, LLC

4998-B South Royal Atlanta Drive Tucker, Georgia 30084

Jason Rupp

Wild Hogs Scooters & Motorsports, LLC 3311 West Lake Mary Boulevard

Lake Mary, Florida 32746

Alan Norris Scooter Depot, LLC

250 East Lake Mary Boulevard Sanford, Florida 32773

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the Final Order in this case.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MOTO DEALER IMPORT, LLC AND SCOOTER DEPOT, LLC,

Petitioners,

vs.

WILD HOGS SCOOTERS AND MOTORSPORTS, LLC,

Case No. 09-2716

Respondent.

ORDER CANCELING HEARING AND PLACING CASE IN ABEYANCE

The parties have not filed a notice of compliance with the Order of Pre-Hearing Instructions issued on June 5, 2009.

Therefore, it is

ORDERED that:

1. The final hearing scheduled for August 7, 2009, is canceled, and this case is placed in abeyance until August 14, 2009.

   
   

2. No later than the close of business on August 14, 2009, the parties shall file with the Division of Administrative Hearings a list of witnesses and exhibits, an estimate of the length of time required to complete each party's side of the case, and mutually available dates for the hearing. Failure to comply with the terms of this Order will result in a recommended order of dismissal.

DONE AND ORDERED this 15th day of July, 2009, in Tallahassee, Leon County, Florida.

LAWRENCE P. STEVENSON

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 July, 2009.

COPIES FURNISHED:

Jennifer Clark

Department of Highway Safety and Motor Vehicles

Neil Kirkman Building, Room A-308 2900 Apalachee Parkway

Tallahassee, Florida 32399-0635

Jack Lin

Moto Dealer Import, LLC

4998-B South Royal Atlanta Drive Tucker, Georgia 30084

Jason Rupp

Wild Hogs Scooters & Motorsports, LLC 3311 West Lake Mary Boulevard

Lake Mary, Florida 32746

Alan Norris Scooter Depot, LLC

250 East Lake Mary Boulevard Sanford, Florida 32773

Docket for Case No: 09-002716

Orders for Case No: 09-002716