Elawyers Elawyers
Washington| Change

JERRY POTTER vs WILLIAM SPITZNAGEL AND DEPARTMENT OF ENVIRONMENTAL PROTECTION, 09-005120 (2009)

Court: Division of Administrative Hearings, Florida Number: 09-005120 Visitors: 10
Petitioner: JERRY POTTER
Respondent: WILLIAM SPITZNAGEL AND DEPARTMENT OF ENVIRONMENTAL PROTECTION
Judges: DAVID M. MALONEY
Agency: Department of Environmental Protection
Locations: Key Largo, Florida
Filed: Sep. 18, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, May 11, 2010.

Latest Update: Jan. 03, 2025

Docket for Case No: 09-005120
Issue Date Proceedings
May 11, 2010 Order Closing File. CASE CLOSED.
May 11, 2010 Respondent Spitznagel's Response to Petitioner's Motion to Dismiss Third Amended Petition filed.
May 11, 2010 Department of Environmental Protection's Response to the Petitioner's Motion to Dismiss Third Amended Petition filed.
May 11, 2010 Settlement Agreement filed.
May 11, 2010 Petitioner's Motion to Dismiss Third Amended Petition filed.
May 06, 2010 Witness List Disclousre of Respondent William Spitznagel filed.
May 05, 2010 Order (granting portion "A" of Respondent's Motion for Clarification of (Pre-hearing Conference) Order; denying portion "B" of Respondent's Motion for Clarification of (Pre-hearing Conference) Order).
May 04, 2010 Respondent Spitznagel's Request for an Award of Attorney's Fees filed.
Apr. 28, 2010 Reply to Respondent Spitznagel's Seocnd Set of Interrogatories filed.
Apr. 28, 2010 Reply to Respondent Spitznagel's Second Request for Production of Documents/ Notice to Produce Documents at Final Hearing filed.
Apr. 28, 2010 Motion to Compel Discovery and Impose Sanctions filed.
Apr. 27, 2010 Reply to Respondent Spitznagel's First Request for Admissions filed.
Apr. 23, 2010 Notice of Taking Deposition Duces Tecum (of J. Potter) filed.
Apr. 23, 2010 Respondent Spitznagel's Motion for Clarification of (Pre-Hearing Conference) Order (Filed 4/22/10) filed.
Apr. 22, 2010 Respondent Spitznagel's Response to Motions to Strike New Evidence filed.
Apr. 22, 2010 Order (denying Petitioner's motion to strike "as built" survey).
Apr. 22, 2010 Limited Notice of Appearance (filed by H.Geissinger, III).
Apr. 22, 2010 Department's Response to Petitioner's Motions to Strike New Evidence filed.
Apr. 22, 2010 Order (on arguments from pre-hearing conference call held April 21, 2010).
Apr. 21, 2010 CASE STATUS: Pre-Hearing Conference Held.
Apr. 21, 2010 Department's Response to the Petitioner's Emergency Expedited Motion to Compel Respondent Spitznagel to Allow a Surveyor and Biologist to Enter Lands and Corrected Petitioner's Emergency Expedited Motion to Compel Respondent Spitznagel to Allow a Surveyor and Biologist to Enter Lands filed.
Apr. 20, 2010 Notice of Telephonic Pre-hearing Conference (set for April 21, 2010; 2:00 p.m.).
Apr. 19, 2010 Petitioner's Motion to Strike Respondent's Filing New Evidence that Respondent Spitznagel Dock now Meets Exemption Requirments filed.
Apr. 19, 2010 Department's Response to Order Requiring Arrangements for a Pre-hearing Conference filed.
Apr. 19, 2010 Department of Environmental Protection's Witness Disclosure filed.
Apr. 16, 2010 Motion to Determine Date of Petitioner's Deposition filed.
Apr. 16, 2010 Petitioner's Response to Motion for Official Recognition filed.
Apr. 15, 2010 Petitioner's Motion to Strike Respondent "As Built" Survey filed.
Apr. 15, 2010 Petitioner's Motion for Clarification on April 5, 2010, Order filed.
Apr. 14, 2010 Petitioner's Emergency Expidited Motion to Compel Respondent Spitznagel to Allow Surveyor and Biologist to enter Lands filed.
Apr. 14, 2010 Statement of Relief Sought in Relation to Motion to Compel Disclosure of Respondent Spitznagel filed.
Apr. 14, 2010 Corrected Petitioner's Emergency Motion to enter Lands of Respondent William Spritznagel for Survey and Biological Inspection to Challenge Survey dated January 15, 2010 filed.
Apr. 13, 2010 Department of Environmental Protection's Motion for Official Recognition filed.
Apr. 12, 2010 Petitioner's Request for Leave to Respond to Respondent's Motion for Protection Order to Prohibit Surveyor and Biologist to enter Lands of Respondent filed.
Apr. 12, 2010 Reply to Petitioner's Third Request for Admissions filed.
Apr. 09, 2010 Petitioner's Emergency Motion to enter Land's of Respondent Frank Newitt for Survey and Biological Inspection to Challenge Survey Submitted to DEP January 15, 2010 filed.
Apr. 09, 2010 Reply to Petitioner's Second Request for Admissions filed.
Apr. 07, 2010 Order.
Apr. 05, 2010 Order (granting Respondent's request for leave to file a second set of interrogatories directed to Petitioner).
Apr. 02, 2010 Department of Environmental Protection's Response to Motion for a Pre-hearing Conference filed.
Apr. 01, 2010 Order.
Apr. 01, 2010 Motion for Pre-hearing Conference filed.
Mar. 31, 2010 Order (granting Department of Environmental Protection's request for leave to file a response to William Spitznagel's reply).
Mar. 30, 2010 Objection and Motion for Protective Order Relating to Petitioner's Motion to Request to Enter Upon Lands for Biological Inspection of Shoreline Mangrove Area and Area In Close Proximity/Under the Docks and Boat Lifts filed.
Mar. 30, 2010 Objection and Motion for Protective Order Relating to Petitioner's Motion to Request to Enter Upon Lands filed.
Mar. 23, 2010 Petitioner's Motion to Request to Enter upon Lands filed.
Mar. 23, 2010 Petitioner's Motion to Request to Enter upon Lands for Biological Inspection of Shoreline Mangrove Area and Area in Close Porximity/under the Dock and Boatlifts filed.
Mar. 22, 2010 Request for Leave to File Second Set of Interrogatories and Reply to Responses of DEP and Petitioner to Motion to Dismiss Third Amended Petition Filed by Respondent Spitznagel filed.
Mar. 19, 2010 Department of Environmental Protection's Request for Leave to File a Response to William Spitznagel's Reply filed.
Mar. 17, 2010 Petitioner's Motion to Strike Respondent William Spitzngel's Reply to Both Petitioner and DEP's Response's (Filed by Spitanagel on March 12, 2010 filed.
Mar. 16, 2010 First Request for Admissions of Respondent Spitznagel filed.
Mar. 16, 2010 Notice of Propouding Second Set of Interrogatories to Petitioner by Respondent Spitznagel filed.
Mar. 16, 2010 Second Request for Production of Documents/Notice to Produce Documents at Final Hearing filed.
Mar. 15, 2010 Petitioner's Second Request for Admissions filed.
Mar. 15, 2010 Petitioner's Third Request for Admissions filed.
Mar. 12, 2010 Reply of Respondent Spitznagel to the Responses of the Department of Environmental Protection and Petitioner to the Respondent's Motion to Dismiss Third Amended Petition/Alternative Motion to Strike Portions Thereof or Enter Order in Limine filed.
Mar. 11, 2010 Petitioner`s Response to Respondent William Spitznagel`s Motion (1) to Dismiss Third Amended Petition (2) Alternative Motion to Strike Portions Thereof, (3) Alternative Motion Threreof to Enter an Order in Limine filed. (Corrected Copy)
Mar. 09, 2010 Petitioner's Respone to Respondent William Spitznagel's Motion (1) to Dismiss Third Amended Petition (2) Alternative Motion to Strike Portions Thereof, (3) Alternative Motion Threreof to Enter an Order in Limine filed.
Mar. 03, 2010 Department of Environmental Protection's Response to William Spitznagel's Motion to Dismiss Third Amended Petition, Alternative Motion to Strike Portions Thereof, or to Enter an Order in Limine filed.
Mar. 01, 2010 Petitioner's Motion for Extension of Time to Respondent's Motion filed.
Mar. 01, 2010 Department of Environmental Protection's Request for an Extension of Time to Respond to William Spritznagel's Motion to Dismiss Third Amended Petition, Alternative Motion to Strike Portions Thereof, or to Enter an Order in Limine filed.
Feb. 22, 2010 Motion to Dismiss Third Amended Petition / Alternative Motion to Strike Portions Thereof or to Enter an Order in Limine filed.
Feb. 08, 2010 Petitioner's Third Amended Petition for Formal Adminisrtative Hearing in Compliance with Order Issued January 22, 2010 filed.
Feb. 05, 2010 Petitioner's Motion for Enlargement of Time to File Third Amended Petition (One-Day) filed.
Feb. 03, 2010 Order Re-scheduling Hearing (hearing set for May 20 and 21, 2010; 9:00 a.m.; Key Largo, FL).
Feb. 02, 2010 Response to Order Re-scheduling Hearing filed.
Jan. 22, 2010 Order (dismissing the second amended petition; Petitioner to file third amended complaint on or before February 5, 2010).
Jan. 22, 2010 Petitioner's Response to Motion by Both Respondent's Concerning the Petitioner's Second Amended Petition filed.
Jan. 21, 2010 Petitioner's Response to Motion to Compel Re: Witnesses, Interrogatory Answers and Documents filed.
Jan. 20, 2010 Order (granting Respondent's motion to continue hearing).
Jan. 19, 2010 Corrected Order (on Respondent's motion to designate method of service to Petitioner).
Jan. 13, 2010 Department of Environmental Protection's Response to William Spitznagel's Motion to Dismiss Second Amended Petition, Alternative Motion to Strike Portions Thereof, and Alternative Motion for More Definite Statement filed.
Jan. 13, 2010 Reply to Petitioner's First Request for Admissions filed.
Jan. 11, 2010 Motion to Continue Administrative Hearing filed.
Jan. 07, 2010 Exhibit A to Motion to Dismiss Second Amended Petition/Alternative Motion to Strike Portions Thereof/and Alternative Motion for More Definite Statement filed.
Jan. 06, 2010 Motion to Dismiss Second Amended Petition/Alternative Motion to Strike Portions Thereof/and Alternative Motion for More Definite Statement filed.
Jan. 05, 2010 Motion to Compel Disclosure of Expert Witnesses, Require Supplemental Answer to Interrogatory and Produce Documents filed.
Jan. 05, 2010 Department's Response to Petitioner's Motion for Reconsideration of the Order Relinquishing Jurisdiction of DOAH Case Number 09-5122 filed.
Dec. 28, 2009 Petitioner's Second Amended Petition for Formal Administrative Hearing in Compliance with Order Issued December 17, 2009 filed.
Dec. 28, 2009 Order (motion is granted in part and denied in part).
Dec. 24, 2009 Department's Response to Petitioner's Motion for Reconsideration of the Order Relinquishing Jurisdiction of DOAH Case Number 09-5122, filed.
Dec. 24, 2009 Petitioner's Response to Respondent's Motion to Designate Method of Service filed.
Dec. 24, 2009 Petitioner's Motion for Reconsideration of Order Relinquishing Jurisdiction to DEP (12/17/09) filed.
Dec. 21, 2009 Department's Response to Order Relinquishing Jurisdiction of Case Number 09-5122 filed.
Dec. 17, 2009 Order (Jurisdiction of Case No. 09-5122 is relinquished to the Department for entry of a final order).
Dec. 16, 2009 Petitioner's Motion to Strike Respondent Spitznagel's Objection filed.
Dec. 15, 2009 Motion to Designate Method of Service (filed in Case No. 09-005122).
Dec. 15, 2009 Response of Respondent Spitznagel to Motion of DEP to Relinquish Jurisdiction in DOAH Case No. 09-5122 (filed in Case No. 09-005122).
Dec. 15, 2009 Motion to Relinquish Jurisdiction in DOAH Case Number 09-5122 filed.
Dec. 14, 2009 Petitioner's First Request for Admissions filed.
Dec. 08, 2009 Motion to Dismiss Amended Petition (09-5120 & 09-5122) / Alternative Motion to Strike Portions thereof / and Alternative Motion for More Definite Statement filed.
Dec. 02, 2009 Order (Petitioner is granted leave to file an amended petition by November 30, 2009).
Nov. 30, 2009 Petitioner's Amended Petition for Formal Administrative Hearing in Compliance with Order Issued November 2, 2009 filed.
Nov. 24, 2009 Petitioner's Notice of Filing Response to First Set of Interrogatories From Respondent's Caskinett/Spritznagel filed.
Nov. 24, 2009 Petitioner's Notice of Filing Response to First Request for Production of Documents From Respondent's Caskinett/Spritznagel filed.
Nov. 24, 2009 Objection of Respondent Spitznagel to Petitioner's Request for Extension of Time to File Amended Petitions (09-5120 & 5122) filed.
Nov. 23, 2009 Letter to Clerk from J. Potter regarding error in pleading title of Petitioner's Motion for Extension of Time to File Amended Petition filed.
Nov. 23, 2009 Petitioner's Motion for Extension of Time to File Amended Petition (four days) filed.
Nov. 02, 2009 Order (motions to dismiss are granted without prejudice to file amended petitions by the close of business on Monday, November 23, 2009).
Oct. 23, 2009 Objection of Respondent Spitznagel to Petitioner's Request For Extension of Time to File Response to Motions to Dismiss (09-5120 & 09-5122) filed.
Oct. 19, 2009 Petitioner's Request for Extension of Time to File a Response to Respondent Spritznagel Motion to Dismiss Petition 5120/Motion to Strike Portions Thereof/ and Alternative Motion for More Definte(sic) Statement filed.
Oct. 19, 2009 Petitioner's Request for Extension of Time to File a Response to Respondent Spritznagel Motion to Dismiss Petition 5122/Motion to Strike Portions Thereof/ and Alternative Motion for More Definte(sic) Statement filed.
Oct. 16, 2009 Notice of Propouding First Set of Interrogatories to Petitioner by Respondent Spitznagel (in relation to 09-5122).
Oct. 16, 2009 Request for Production of Documents/Notice to Produce Documents at Final Hearing (09-5122).
Oct. 16, 2009 Notice of Propounding First Set of Interrogatories to Petitioner by Respondent Spitznagel (in relation to 09-5120) filed.
Oct. 16, 2009 Respondent Spitznagel's Request for Production of Documents/Notice to Produce Documents at Final Hearing (09-5120) filed.
Oct. 06, 2009 Motion to Dismiss Petition (09-5122) / Motion to Strike Portions thereof / and Alternative Motion for More Definite Statement (filed in Case No. 09-5122).
Oct. 06, 2009 Motion to Dismiss Petition (09-5120) / Motion to Strike Portions thereof / and Alternative Motion for More Definite Statement filed.
Oct. 05, 2009 Order of Pre-hearing Instructions.
Oct. 05, 2009 Notice of Hearing (hearing set for January 27 and 28, 2010; 9:00 a.m.; Key Largo, FL).
Oct. 01, 2009 Order of Consolidation (DOAH Case Nos. 09-5120 and 09-5122).
Sep. 28, 2009 Department of Environmental Protection's Response to Initial Order filed.
Sep. 28, 2009 Petitioner's Amended Unilateral Response to Initial Order filed.
Sep. 25, 2009 Petitioner's Unilateral Response to Initial Order filed.
Sep. 18, 2009 Initial Order.
Sep. 18, 2009 Approval of Application filed.
Sep. 18, 2009 Petition Requesting a Formal Administrative Hearing filed.
Sep. 18, 2009 Request for Assignment of Administrative Law Judge and Notice of Preservation of Record filed.
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer