Petitioner: THE COLLECTION, LLC, D/B/A THE COLLECTION
Respondent: JAGUAR LAND ROVER NORTH AMERICA, LLC AND WARREN HENRY JAGUAR, LLC, D/B/A WARREN HENRY JAGUAR
Judges: ROBERT E. MEALE
Agency: Department of Highway Safety and Motor Vehicles
Locations: Miami, Florida
Filed: Jan. 13, 2014
Status: Closed
Recommended Order on Friday, May 22, 2015.
Latest Update: Jun. 15, 2016
Summary: JLRNA proved that its dealers in the CommTerr underrepresented the line-make, so the protest of one of those dealers to the relocation of another such dealer should be dismissed.
13000338_282_10232015_16092300_eSTATE OF FLORIDA
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
DOAH CASE NO.: 13-0338, 13-4967, and 14-0157
DMS CASE NO.: 13-095, 14-093, and 14-146 FINAL ORDER#: HSMV-15- '13'1 -FOF-MS
THE COLLECTION, LLC, d/b/a THE COLLECTION,
Petitioner,
vs.
JAGUAR LAND ROVER NORTH AMERICA, LLC, AND WARREN HENRY JAGUAR, LLC, d/b/a WARREN HENRY JAGUAR,
Respondents.
I
THE COLLECTION, LLC
Petitioner,
vs.
WARREN HENRY JAGUAR, LLC, d/b/a WARREN HENRY JAGUAR,
Respondent.
I THE COLLECTION, LLC, d/b/a THE COLLECTION,
Petitioner,
vs.
JAGUAR LAND ROVER NORTH AMERICA, LLC AND WARREN HENRY JAGUAR, LLC, d/b/a WARREN HENRY JAGUAR,
Respondents.
/
Filed October 23, 2015 4:09 PM Division of Administrative Hearings
FINAL ORDER
This matter came before the Department for entry of a Final Order upon submission of a Recommended Order by the Honorable Robert E. Meale, Administrative Law Judge of the Division of Administrative Hearings, a copy of which is attached and incorporated by reference in this order1• The Depa11ment hereby adopts the Recommended Order as its Final Order in this matter. Accordingly, it is
ORDERED and ADJUDGED that Petitioner's, The Collection, LLC d/b/a The Collection, protest to the proposed relocation of Warren Henry Jaguar to the east side of Biscayne Boulevard, about 306.45 feet south of Northeast 151st Street in North Miami is DISMISSED for lack of standing.
DONE AND ORDERED this /t./-l,h day of August, 2015, in Tallahassee, Leon
County, Florida.
Bureau of Issuance Oversight Division of Motorist Services Department of Highway Safety and Motor Vehicles
Neil Kirkman Building, Room A338 Tallahassee, Florida 32399
Filed with the Clerk of the Division of Motorist Services this (4:f.b. day of August, 2015.
1 Petitioners. The Collection, LLC d/b/a The Collection, filed exceptions to the Recommended Order. These exceptions are ruled on in the Appendix to this Order.
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 he 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 to:
Richard N. Sox, Esquire Bass Sox Mercer, P.A.
2822 Remington Green Circle Tallahassee, Florida 32308
J. Martin Hayes, Esquire Akerman Senterfitt
106 East College Avenue, Suite 1200
Tallahassee, Florida 32301
Stephanie Leigh Carman, Esquire Hogan Lovells US LLP
600 Brickell Avenue, Suite 2700
Miami, Florida 33131
John J. Sullivan, Esquire Hogan Lovells US LLP 875 3rd Avenue
New York, New Yorlc 10022
Barrett Rachel Charapp, Esquire Charapp & Weiss, LLP
20801 Biscayne Boulevard, Suite 403
Aventura, Florida 33180
Michael G. Charapp, Esquire Charapp & Weiss, LLP
8180 Greensboro Drive, Suite 1000
McLean, Virginia 22102
Brad D. Weiss, Esquire Charapp & Weiss, LL
8180 Greensboro Drive, Suite 1000
McLean, Virginia 22102
Ryan L. Ford, Esquire Hogan Lovells US LLP SSS 13th Street Northwest Washington, DC 20004
Kimberly S. Maccumbee, Esquire Charapp & Weiss, LLP
8180 Greensboro· Drive, Suite 1000
McLean Virginia 22102
Nalini Vinayak
Dealer License Administrator
Docket for Case No: 14-000157
Issue Date |
Proceedings |
Jun. 15, 2016 |
Appelelees' Answer Brief filed.
|
Nov. 17, 2015 |
Order Denying Petitioner's Motion to Stay Pending Appellate Review filed.
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Nov. 17, 2015 |
Respondents Opposition to Petitioners Motion For Stay Pending Appellate Review filed.
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Nov. 17, 2015 |
Petitioners Motion For Stay Pending Appellate Review filed.
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Oct. 23, 2015 |
Appendix to Final Order Ruling on Exceptions to Recommended Order filed.
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Oct. 23, 2015 |
Amended Agency Final Order filed.
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Oct. 23, 2015 |
Agency Final Order filed.
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Jun. 15, 2015 |
Respondent Jaguar Land Rover North America, LLC's Response to Exceptions to the May 22, 2015 Recommended Order filed.
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Jun. 05, 2015 |
The Collection, LLC's Exceptions to the May 22, 2015 Recommended Order filed.
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May 22, 2015 |
Recommended Order (hearing held October 27 through 31 and November 3 through 4, 2014). CASE CLOSED.
|
May 22, 2015 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
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Apr. 10, 2015 |
Notice of Filing Appendix to Respondent Jaguar Land Rover North America, LLC's Proposed Recommended Order filed.
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Apr. 09, 2015 |
Respondent Jaguar Land Rover North America, LLC's Proposed Recommended Order filed.
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Apr. 09, 2015 |
Petitioner, The Collection's Memorandum of Law and Arguments in Support of its Recommended Order filed.
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Apr. 09, 2015 |
Proposed Findings of Fact, Conclusions of Law, and Recommended Order by Petitioner, The Collection filed.
|
Feb. 23, 2015 |
Transcript of Proceedings Volumes I-VIII (not available for viewing) filed. |
Nov. 24, 2014 |
Petitioner's Exhibits on a Flashdrive filed.
|
Nov. 12, 2014 |
Respondent's Proposed Exhibits (on a disk) filed (exhibits not available for viewing). |
Nov. 03, 2014 |
CASE STATUS: Hearing Held. |
Oct. 27, 2014 |
CASE STATUS: Hearing Partially Held; continued to November 3, 2014; Miami, FL. |
Oct. 23, 2014 |
Order Accepting Qualified Representative.
|
Oct. 23, 2014 |
Unopposed Motion to Appear of Kimberly S. MacCumbee As Qualified Representative filed.
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Oct. 23, 2014 |
Order Accepting Qualified Representative.
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Oct. 22, 2014 |
Unopposed Motion to Appear of Ryan L. Ford as Qualified Representative Counsel (for Respondent) filed.
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Oct. 21, 2014 |
Respondent Jaguar Land Rover North America, LLC's Opposition to Petitioner's Motion in Limine to Exclude Segmentation Evidence filed.
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Oct. 21, 2014 |
Respondent Jaguar Land Rover North America, LLC's Opposition to Petitioner's Motion in Limine to Exclude Expert Opinion Testimony Relating to Consumer Preference and Segmentation Analysis filed.
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Oct. 17, 2014 |
(Petitioners') Pre-hearing Stipulation filed.
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Oct. 14, 2014 |
Petitioner's Motion in Limine to Exclude Expert Opinion Testimony Relating to Consumer Preference and Segmentation Analysis filed.
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Oct. 14, 2014 |
Petitioner's Motion in Limine to Exclude Evidence because of JLRNA's Refusal to Fully Produce Segmentation Documents and a Corporate Designate Knowledgeable on Segmentation as Ordered by the Denial of the Motion for a Protective Order filed.
|
Sep. 25, 2014 |
Order on Motion for Protective Order.
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Sep. 23, 2014 |
Notice of Service of Respondent's Responses to Petitioner's Fourth Set of Interrogatories and Fifth Request for Production of Documents filed.
|
Sep. 16, 2014 |
Petitioner's Response in Opposition to Jaguar Land Rover of North America, LLC's Motion for Protective Order filed.
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Sep. 12, 2014 |
(Respondents') Motion for Protective Order filed.
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Sep. 09, 2014 |
Notice of Service of Petitioner's Notices of Depositions filed.
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Sep. 03, 2014 |
Notice of Unavailability (John J. Sullivan) filed.
|
Aug. 26, 2014 |
(Petitioner's) Notice of Service of Fourth Interrogatories & Fifth Request for Production of Documents to Warren Henry Jaguar filed.
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Aug. 26, 2014 |
Petitioner's Third Interrogatories to Jaguar Land Rover North America, LLCw filed.
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Aug. 11, 2014 |
Amended Notice of Hearing (hearing set for October 27 through 31 and November 3 through 7, 2014; 9:00 a.m.; Miami, FL; amended as to location of hearing).
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Aug. 04, 2014 |
Letter to Judge Meale from Barrett R. Charapp regarding Judge's notice to the parties on August 1, 2014 filed.
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Aug. 04, 2014 |
Letter to Judge Meale from J. Martin Hayes in response to Judge's letter August 1, 2014 tetter to parties filed.
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Aug. 01, 2014 |
Letter to parties of record from Judge Meale.
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Jul. 30, 2014 |
Order Denying Continuance of Final Hearing.
|
Jul. 28, 2014 |
Respondents' Opposition to Petitioner's Motion for Continuance filed.
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Jul. 28, 2014 |
Respondents Opposition to Petitioners Motion for Continuance filed.
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Jul. 21, 2014 |
Petitioner's Motion for Continuance and for Change of Venue filed.
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Jul. 08, 2014 |
Notice of Hearing (hearing set for October 27 through 31 and November 3 through 7, 2014; 9:00 a.m.; Tallahassee, FL).
|
Jul. 03, 2014 |
Respondents' Available Hearing Dates filed.
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Jul. 03, 2014 |
Letter to Judge Meale from Barrett R. Charapp Petitioner's availabilty for final hearing and request for final hearing to be moved to Miami-Dade County filed.
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Jun. 23, 2014 |
Letter to parties of record from Judge Meale.
|
Mar. 14, 2014 |
BY ORDER OF THE COURT: John J. Sullivan, Esquire's motion to appear pro hac vice on behalf of Appelle Jaguar Land Rover North America, LLC is hereby granted as state in the motion.
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Mar. 13, 2014 |
BY ORDER OF THE COURT: Michael G. Charapp, and Brad D. Weiss, Esquire's motion to appear pro hac vice on behalf of Petitioner is granted.
|
Mar. 07, 2014 |
Notice of Cancellation of Final Hearing.
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Mar. 06, 2014 |
BY ORDER OF THE COURT: Petitioner's motion for stay pending review is granted, and the administrative proceedings is hereby stayed pending further order of this Court.
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Mar. 04, 2014 |
Order Vacating March 3, 2014, Order.
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Mar. 03, 2014 |
Order on Respondents` Submission with Respect to Order of February 26, 2014.
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Mar. 03, 2014 |
Notice of Order Staying Proceeding filed.
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Mar. 03, 2014 |
Respondent's Submission with Respect to Order of February 26, 2014 filed.
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Feb. 26, 2014 |
Order on Status of Final Hearing Following Disclosure of Unavailability of Petitioner's Expert Witness Due to Surgery on March 19, 2014.
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Feb. 25, 2014 |
Respondent Jaguar Land Rover North America, LLC's Opposition to Motion to Compel or Preclude filed.
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Feb. 25, 2014 |
Respondent's Opposition to Petitioner's Motion to Continue Hearing Date filed.
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Feb. 25, 2014 |
Motion to Continue Hearing Date (Medical Records filed; not available for viewing). |
Feb. 25, 2014 |
Amended Notice of Hearing (hearing set for March 20, 21 and 24 through 28, 2014; 9:00 a.m.; Tallahassee, FL; amended as to final hearing start date).
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Feb. 24, 2014 |
Order of Consolidation (DOAH Case Nos. 13-0338, 13-4967, and 14-0157).
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Feb. 21, 2014 |
Order Denying Petitioner's Renewed Motion to Bifurcate, Stay, and Recommend and/or Certify the Issue of Whether There is a Defective Notice to the Agency and Petitioner's Motion for Stay.
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Feb. 21, 2014 |
Respondents' Opposition to Petitioner's Renewed Motion to Bifurcate, Stay, and Recommend and/or Certify the Issue of Whether There is a Defective Notice to the Agency (filed in Case No.: 14-157) filed.
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Feb. 21, 2014 |
Respondents' Opposition to Petitioner's Renewed Motion to Bifurcate, Stay, and Recommend and/or Certify the Issue of Whether there is a Defective Notice to the Agency (filed in Case No. 14-000157).
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Feb. 21, 2014 |
Respondents' Opposition to Petitioner's Renewed Motion to Bifurcate, Stay, and Recommend and/or Certify the Issue of Whether There is a Defective Notice to the Agency filed.
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Feb. 20, 2014 |
Supplemental Memorandum to Petitioner's Motion to Stay filed.
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Feb. 18, 2014 |
Petitioner's Motion to Stay filed.
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Feb. 18, 2014 |
Petitioner's Motion to Compel Production of Corporate Designee Testimony or, in the Alternative, Motion in Limine to Exclude Evidence Relating to Segmentation Analysis filed.
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Feb. 14, 2014 |
Petitioner's Renewed Motion to Bifurcate, Stay, and Recommend and/or Certify the Issue of Whether There is a Defective Notice to the Agency filed.
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Jan. 27, 2014 |
Order Regarding Deposition of Andrew Goss.
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Jan. 24, 2014 |
Respondent Jaguar Land Rover of North America, LLC's Opposition to Petitioner's Motion to Compel the Deposition of Andrew Goss filed.
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Jan. 24, 2014 |
Petitioner's Response in Opposition to Jaguar Land Rover of North America, LLC's Motion for Protective Order to Prevent the Deposition of Andrew Goss filed.
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Jan. 16, 2014 |
Order of Consolidation (DOAH Case Nos. 13-0338 and 14-0157)).
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Jan. 15, 2014 |
Order Accepting Qualified Representatives.
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Jan. 14, 2014 |
Unopposed Motion to Appear of Brad D. Weiss as Qualified Representative Counsel filed.
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Jan. 14, 2014 |
Unopposed Motion to Appear of Michael G. Charapp as Qualified Representative Counsel filed.
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Jan. 14, 2014 |
Agreed Motion to Consolidate Proceedings filed.
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Jan. 14, 2014 |
Respondent Jaguar Land Rover North America LLC's Response to Petitioner's 'Motion to Dismiss for Defective Notice' filed.
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Jan. 14, 2014 |
Unopposed Motion of John J. Sullivan to Appear as Qualified Representative Counsel (for Respondent Jaguar Land Rover North America, LLC) filed.
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Jan. 14, 2014 |
Notice of Appearance (Stephanie Carman) filed.
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Jan. 13, 2014 |
Initial Order.
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Jan. 13, 2014 |
Agency action letter filed.
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Jan. 13, 2014 |
Petition or Complaint Protesting Establishment of Dealership filed.
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Jan. 13, 2014 |
Agency referral filed.
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Orders for Case No: 14-000157