Petitioner: RED STREAK SCOOTERS, LLC AND AUSTIN GLOBAL ENTERPRISES, LLC, D/B/A NEW SCOOTERS 4 LESS
Respondent: RPM MOTORCYCLES, INC.
Judges: T. KENT WETHERELL, II
Agency: Department of Highway Safety and Motor Vehicles
Locations: Gainesville, Florida
Filed: May 22, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, June 11, 2009.
Latest Update: Jul. 09, 2009
STATE OF FLORIDA .
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
DOAH CASE NO.: 09-2851
DMV CASE NO. 09-1137
FINAL ORDER #: HSMV-09-/08/ -S-DMV
RED STREAK SCOOTERS, LLC AND
AUSTIN GLOBAL ENTERPRISES, LLC
d/b/a NEW SCOOTERS 4 LESS,
Petitioners,
vs.
RPM MOTORCYCLES, INC,
Respondent.
/
FINAL ORDER
This matter came before the Department for entry of a Final Order upon submission of an
Order Closing File by T. Kent Wetherell, II, Administrative Law Judge of the Division of
Administrative Hearings, pursuant to Petitioner’s request for withdrawal, 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 and no license will be issued to Red Streak
Scooters, LLC and Austin Global Enterprises, LLC d/b/a New Scooters 4 Less to sell
motorcycles manufactured by Zhejiang Taizhou Wangye Power Co. Ltd. (ZHEJ) at 118
Northwest 14 Avenue, Suite D, Gainesville (Alachua County), Florida 32601.
DONE AND ORDERED this Buy of July, 2009, in Tallahassee, Leon County,
Florida.
LA. FORD, Direct6r
Division of Motor Vehicles
Department of Highway Safety
and Motor Vehicles
Neil Kirkman Building
Tallahassee, Florida 32399
Filed with the Clerk of the
Divisig otor Vehicles
this day of July, 2009.
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:
Collin Austin
Austin Global Enterprises, LLC
118 Northwest 14" Avenue, Suite D
Gainesville, Florida 32601
Beverly Fox
Red Streak Scooters, LLC
427 Doughty Boulevard
Inwood, New York 11096
Marc J. Kradolfer
RPM Motorcycles, Inc.
518 Southeast 2" Street
Gainesville, Florida 32601
Michael J. Alderman, Esquire
Department of Highway Safety
and Motor Vehicles
Neil Kirkman Building
2900 Apalachee Parkway, Room A432
Tallahassee, Florida 32399
T. Kent Wetherell, IT
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
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS 28 JUN 19 A 10 Sp
Witte pe
STP uly
SAT ye
TRATIVE
ARINGS
RED STREAK SCOOTERS, LLC and AUSTIN GLOBAL ENTERPRISES, LLC,
d/b/a NEW SCOOTERS 4 LESS
ay
Petitioner,
: Case Number: 09-2851
RPM MOTORCYCLES, INC.
Respondent.
SSS
Lid Y Di: 5
COMES NOW, Petitioner, Austin Global Enterprises, LLC is stating a notice of voluntary dismissal.
Since RPM Motorcycles, Inc. already has the ZHEJ line make established on their license, Austin Global
Enterprises, LLC d/b/a New Scooters 4 Less no longer wishes to continue with the hearing and pursue
establishing the ZHEJ line make at its location.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing was served by US Mail to T. Kent
Wetherell, Il., Administrative Law Judge, Division of Administrative Hearings, The DeSoto Building, 1230
Apalachee Parkway, Tallahassee, FL 32399-3060; Marc J. Kradolfer, as agent for Respondent RPM
Motorcycles Inc., 518 Southeast 2” Street, Gainesville, Fl 32601 on June 8, 2009.
AUSTIN GLOBAL ENTERPRISES, LLC
Collin Austin, Managing Member
Representative for Petitioner
118 NW 14” Avenue, Suite D
Gainesville, FL 32601
Telephone: 352-336-1271
Docket for Case No: 09-002851
Issue Date |
Proceedings |
Jul. 09, 2009 |
Final Order filed.
|
Jun. 11, 2009 |
Order Closing File. CASE CLOSED.
|
Jun. 10, 2009 |
(Petitioner's) Notice of Voluntary Dismissal filed.
|
Jun. 02, 2009 |
Order of Pre-hearing Instructions.
|
Jun. 02, 2009 |
Notice of Hearing (hearing set for July 23, 2009; 9:00 a.m.; Gainesville, FL).
|
May 27, 2009 |
(Petitioner's) Letter response to the Initial Order filed.
|
May 22, 2009 |
Initial Order.
|
May 22, 2009 |
Notice of Publication for a New Point Franchise Motor Vehicle Dealer filed.
|
May 22, 2009 |
Petition or Complaint Protesting of Application to Establish a New Dealership filed.
|
May 22, 2009 |
Agency referral
|
Orders for Case No: 09-002851