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THE COLLECTION, LLC, D/B/A THE COLLECTION vs JAGUAR LAND ROVER NORTH AMERICA, LLC AND WARREN HENRY JAGUAR, LLC, D/B/A WARREN HENRY JAGUAR, 14-000157 (2014)

Court: Division of Administrative Hearings, Florida Number: 14-000157 Visitors: 10
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_e

STATE 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.
Nov. 17, 2015 Respondents Opposition to Petitioners Motion For Stay Pending Appellate Review filed.
Nov. 17, 2015 Petitioners Motion For Stay Pending Appellate Review filed.
Oct. 23, 2015 Appendix to Final Order Ruling on Exceptions to Recommended Order filed.
Oct. 23, 2015 Amended Agency Final Order filed.
Oct. 23, 2015 Agency Final Order filed.
Jun. 15, 2015 Respondent Jaguar Land Rover North America, LLC's Response to Exceptions to the May 22, 2015 Recommended Order filed.
Jun. 05, 2015 The Collection, LLC's Exceptions to the May 22, 2015 Recommended Order filed.
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.
Apr. 10, 2015 Notice of Filing Appendix to Respondent Jaguar Land Rover North America, LLC's Proposed Recommended Order filed.
Apr. 09, 2015 Respondent Jaguar Land Rover North America, LLC's Proposed Recommended Order filed.
Apr. 09, 2015 Petitioner, The Collection's Memorandum of Law and Arguments in Support of its Recommended Order filed.
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.
Oct. 23, 2014 Order Accepting Qualified Representative.
Oct. 22, 2014 Unopposed Motion to Appear of Ryan L. Ford as Qualified Representative Counsel (for Respondent) filed.
Oct. 21, 2014 Respondent Jaguar Land Rover North America, LLC's Opposition to Petitioner's Motion in Limine to Exclude Segmentation Evidence filed.
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.
Oct. 17, 2014 (Petitioners') Pre-hearing Stipulation filed.
Oct. 14, 2014 Petitioner's Motion in Limine to Exclude Expert Opinion Testimony Relating to Consumer Preference and Segmentation Analysis filed.
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.
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.
Sep. 12, 2014 (Respondents') Motion for Protective Order filed.
Sep. 09, 2014 Notice of Service of Petitioner's Notices of Depositions filed.
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.
Aug. 26, 2014 Petitioner's Third Interrogatories to Jaguar Land Rover North America, LLCw filed.
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).
Aug. 04, 2014 Letter to Judge Meale from Barrett R. Charapp regarding Judge's notice to the parties on August 1, 2014 filed.
Aug. 04, 2014 Letter to Judge Meale from J. Martin Hayes in response to Judge's letter August 1, 2014 tetter to parties filed.
Aug. 01, 2014 Letter to parties of record from Judge Meale.
Jul. 30, 2014 Order Denying Continuance of Final Hearing.
Jul. 28, 2014 Respondents' Opposition to Petitioner's Motion for Continuance filed.
Jul. 28, 2014 Respondents Opposition to Petitioners Motion for Continuance filed.
Jul. 21, 2014 Petitioner's Motion for Continuance and for Change of Venue filed.
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.
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.
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.
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.
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.
Mar. 04, 2014 Order Vacating March 3, 2014, Order.
Mar. 03, 2014 Order on Respondents` Submission with Respect to Order of February 26, 2014.
Mar. 03, 2014 Notice of Order Staying Proceeding filed.
Mar. 03, 2014 Respondent's Submission with Respect to Order of February 26, 2014 filed.
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.
Feb. 25, 2014 Respondent Jaguar Land Rover North America, LLC's Opposition to Motion to Compel or Preclude filed.
Feb. 25, 2014 Respondent's Opposition to Petitioner's Motion to Continue Hearing Date filed.
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).
Feb. 24, 2014 Order of Consolidation (DOAH Case Nos. 13-0338, 13-4967, and 14-0157).
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.
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.
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).
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.
Feb. 20, 2014 Supplemental Memorandum to Petitioner's Motion to Stay filed.
Feb. 18, 2014 Petitioner's Motion to Stay filed.
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.
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.
Jan. 27, 2014 Order Regarding Deposition of Andrew Goss.
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.
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.
Jan. 16, 2014 Order of Consolidation (DOAH Case Nos. 13-0338 and 14-0157)).
Jan. 15, 2014 Order Accepting Qualified Representatives.
Jan. 14, 2014 Unopposed Motion to Appear of Brad D. Weiss as Qualified Representative Counsel filed.
Jan. 14, 2014 Unopposed Motion to Appear of Michael G. Charapp as Qualified Representative Counsel filed.
Jan. 14, 2014 Agreed Motion to Consolidate Proceedings filed.
Jan. 14, 2014 Respondent Jaguar Land Rover North America LLC's Response to Petitioner's 'Motion to Dismiss for Defective Notice' filed.
Jan. 14, 2014 Unopposed Motion of John J. Sullivan to Appear as Qualified Representative Counsel (for Respondent Jaguar Land Rover North America, LLC) filed.
Jan. 14, 2014 Notice of Appearance (Stephanie Carman) filed.
Jan. 13, 2014 Initial Order.
Jan. 13, 2014 Agency action letter filed.
Jan. 13, 2014 Petition or Complaint Protesting Establishment of Dealership filed.
Jan. 13, 2014 Agency referral filed.

Orders for Case No: 14-000157
Issue Date Document Summary
Aug. 18, 2015 Agency Final Order
Aug. 18, 2015 Agency Final Order
Aug. 18, 2015 Agency Final Order
May 22, 2015 Recommended Order 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.
Source:  Florida - Division of Administrative Hearings

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