Petitioner: CHESTNUT HILL TREE FARM, LLC
Respondent: DEPARTMENT OF HEALTH, OFFICE OF COMPASSIONATE USE AND SAN FELASCO NURSERIES, INC.
Judges: R. BRUCE MCKIBBEN
Agency: Department of Health
Locations: Tallahassee, Florida
Filed: Dec. 18, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, May 2, 2016.
Latest Update: Jun. 27, 2016
KMBT_C454-20160627131044STATE OF FLORIDA
DEPARTMENT OF HEALTH
CHESTNUT HILL TREE FARM, LLC,
Petitioner,
16 JL,f' 2 7 p;; ! : 0'3
vs. DOH Case No. 2015-0690
DOAH Case No. 15-7276
DEPARTMENT OF HEALTH, OFFICE OF COMPASSIONATE USE and SAN FELASCO NURSER IES, INC.,
__ _R_esp_on_de_nts_.
_________/
FINAL ORDER
THIS MATTER is before the Department of Health for consideration of an Amended Recommended Order and entry of a Final Order. On May 10, 2016, Administrative Law Judge Bruce McKibben issued an Amended Recommended Order dismissing the Petition for Formal Hearing filed by Petitioner Chestnut Hill Tree Farm and relinquishing jurisdiction to the Department of Health . The Amended Recommended Order is adopted and incorporated by reference as Exhibit A.
No exceptions were timely filed by any party pursuant to section 120.57(1)(k), Florida Statutes.
Based on the foregoing, it is ORDERED:
The Petition for Formal Administrative Proceedings filed by Petitioner Chestnut Hill Tree Farm, LLC, is dismissed. This proceeding is closed.
Filed June 27, 2016 1:29 PM Division of Administrative Hearings
DONE AND ORDERED this 1,_;1-- day of June, 2016, in Tallahassee, Leon County, Florida.
Celeste M. Phili , MD, MPH State Su
Florida Health
By: ':::::::==:::::: .!..
Alexis Lambert
Chief of Staff
---==-- - -
Copies furnished to:
John M. Lockwood, Esquire The Lockwood Law Firm
106 East College Avenue, Suite 810
Tallahassee, Florida 32301
Kala Shankle, Esquire The Lockwood Law Firm
106 East College Avenue, Suite 810
Tallahassee, Florida 32301
James A. McKee, Equire Foley and Lardner, LLP
106 East College Avenue , Suite 900 Ta llahassee, Florida 32301
J. Stephen Menton, Esquire Rutledge Ecenia, P.A.
Post Office Box 551 (32302)
119 South Monroe Street, Suite 202 Tallahassee , Florida 32301
R. Bruce McKibben Administrative Law Judge
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway Tallahassee , Florida 32399-3060
Thomas J. Morton, Esquire The Lockwood Law Firm
106 East College Avenue, Suite 810
Tallahassee, Florida 32301
Megan S. Reynolds, Esquire
Vezina, Lawrence and Piscitelli, P.A. 413 East Park Avenue
Tallahassee, Florida 32301
Eduardo S. Lombard, Esquire Vezina, Lawrence and Piscitelli, P.A. 413 East Park Avenue
Tallahassee, Florida 32301
Michael J. Glazer, Esquire Ausley and McMullen 123 South Calhoun Street Post Office Box 391
Tallahassee, Florida 32301
2
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Order has been sent by electronic mail and regular U.S. mail and/or by inter-office mail to each of the
JJ1
. -I-
above-named persons this day of June 2016.
Agency Clerk Department of Health
4052 Bald Cypress Way, BIN A-02 Tallahassee, Florida 32399-1703
NOTICE OF RIGHT TO JUDICIAL REVIEW
A PARTY ADVERSELY AFFECTED BY THIS ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. A REVIEW PROCEEDING IS INITIATED BY FILING A NOTICE OF APPEAL WITH THE CLERK OF THE DEPARTMENT OF HEALTH AND A COPY ACCOMPANIED BY THE FILING FEE WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES OR IN THE FIRST DISTRICT COURT OF APPEAL. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF THE FILING DATE OF THIS ORDER.
3
Docket for Case No: 15-007276
| Issue Date |
Proceedings |
|
Jun. 27, 2016 |
Agency Final Order filed.
|
|
Jun. 27, 2016 |
Agency Final Order filed.
|
|
May 10, 2016 |
Amended Order Granting Dismissal of Parties, Relinquishing Jurisdiction, and Amendment of Remaining Petition.
|
|
May 10, 2016 |
Response of San Felasco and Chestnut Hill to Motion for Clarification filed.
|
|
May 06, 2016 |
The Department's Request for Clarification and Order Relinquishing Jurisdiction filed.
|
|
May 06, 2016 |
The Department's Request for Clarification and Order Relinquishing Jurisdiction (filed in Case No. 15-007276).
|
|
May 02, 2016 |
Order Granting Dismissal of Parties and Amendment of Remaining Petition. CASE CLOSED.
|
|
Apr. 29, 2016 |
Notice of Service of Loop's Nursery & Greenhouses, Inc.'s Responses and Objections to San Felasco Nurseries, Inc.'s First Set of Interrogatories and First Request to Produce filed.
|
|
Apr. 28, 2016 |
Order Granting the Department's Motion for Extension of Time to File Response.
|
|
Apr. 27, 2016 |
The Department?s Response to Chestnut Hill?s Motion for Protective Order and to Stay Discovery filed.
|
|
Apr. 27, 2016 |
The Department?s Unopposed Motion for Extension of Time to Respond to Chestnut Hill?s Motion to Dismiss and/or Motion for Summary Recommended Order filed.
|
|
Apr. 27, 2016 |
Loop's Response and Objections to Chestnut Hill Motion for Protective Order and Motion to Stay Discovery filed.
|
|
Apr. 25, 2016 |
Order Granting Motion for Extension of Time to Reply to Motion to Dismiss.
|
|
Apr. 22, 2016 |
Unopposed Motion for One Week Enlargement of Time to Respond to Chestnut Hill's Motion for Summary Recommended Order and/or to Dismiss filed.
|
|
Apr. 20, 2016 |
Chestnut Hill Tree Farm, LLC's Motion to Dismiss and/or Motion for Summary Recommended Order filed.
|
|
Apr. 20, 2016 |
San Felasco Nurseries, Inc.?s Notice of Joinder in Chestnut Hill Tree Farm, LLC?s Motion for Protective Order and Motion to Stay Discovery (filed in Case No. 15-007274).
|
|
Apr. 20, 2016 |
Chestnut Hill Tree Farm, LLC's Motion for Protective Order and Motion to Stay Discovery filed.
|
|
Apr. 20, 2016 |
San Felasco Nurseries, Inc.?s Objections to First Request for Production of Documents from Loop?s Nursery & Greenhouses, Inc (filed in Case No. 15-007274).
|
|
Apr. 20, 2016 |
San Felasco Nurseries, Inc.?s Notice of Service of Objections to First Set of Interrogatories from Loop?s Nursery & Greenhouses, Inc (filed in Case No. 15-007274).
|
|
Apr. 08, 2016 |
LOOP?S NURSERY & GREENHOUSES, INC.?s NOTICE OF SERVICE OF FIRST INTERROGATORIES AND FIRST REQUEST TO PRODUCE TO DEPARTMENT OF HEALTH filed.
|
|
Mar. 23, 2016 |
San Felasco's Notice of Service of First Set of Interrogatories to Loop's Nursery and Greenhouses, Inc filed.
|
|
Mar. 23, 2016 |
San Felasco's First Set of Production Requests to Loop's Nursery and Greenhouses, Inc filed.
|
|
Mar. 16, 2016 |
Loop's Nursery & Greenhouse, Inc.'s Notice of Service of First Interrogatories and First Request to Produce to San Felasco Nurseries, Inc. filed.
|
|
Mar. 16, 2016 |
Loop's Nursery & Greenhouse, Inc.'s Notice of Service of First Interrogatories and First Request to Produce to Chestnut Hill Tree Farm, LLC filed.
|
|
Mar. 11, 2016 |
The Department's Responses to San Felasco's First Request for Production filed.
|
|
Mar. 04, 2016 |
Order Denying Motion to Bifurcate Proceeding.
|
|
Mar. 04, 2016 |
The Department?s Memorandum Opposing Motion to Bifurcate filed.
|
|
Mar. 01, 2016 |
Chestnut Hill Tree Farm, LLC's Response in Opposition to Motion to Bifurcate Proceeding to Determine Chestnut Hill Tree Farm, LLC's Ineligibility to Seek Approval as a Dispensing Organization for Failure to Satisfy Dispositive Threshold Statutory Eligibility Criterion filed.
|
|
Mar. 01, 2016 |
Order Granting Extension of Time.
|
|
Mar. 01, 2016 |
The Department?s Unopposed Motion for Extension of Time to Respond to Loop?s Motion to Bifurcate filed.
|
|
Feb. 23, 2016 |
Motion to Bifurcate Proceeding to Determine Chestnut Hill Tree Farm, LLC's Ineligibility to Seek Approval as a Dispensing Organization for Failure to Satisfy Dispositive Threshold Statutory Eligibility Criterion filed.
|
|
Feb. 15, 2016 |
Notice of Appearance (Kelly Johnson) filed.
|
|
Feb. 15, 2016 |
Notice of Appearance (Amy Schrader) filed.
|
|
Feb. 12, 2016 |
San Felasco's First Set of Production Requests to Chestnut Hill Tree Farm, LLC filed.
|
|
Feb. 12, 2016 |
San Felasco's Notice of Service of First Set of Interrogatories to Chestnut Hill Tree Farm, LLC filed.
|
|
Feb. 10, 2016 |
San Felasco's First Set of Production Requests to Respondent, Department of Health, Office of Compassionate Use filed.
|
|
Jan. 27, 2016 |
Order of Pre-hearing Instructions.
|
|
Jan. 27, 2016 |
Order of Clarificaton Concerning Standard of Review.
|
|
Jan. 25, 2016 |
San Felasco's Response to Motion for Clarification filed.
|
|
Jan. 25, 2016 |
Loop's Nursery & Greenhouses, Inc.'s Response to Chestnut Hill Tree Farm, Inc.'s Motion for Clarification Concerning Standard of Review filed.
|
|
Jan. 22, 2016 |
The Department's Notice of Joinder in Chestnut Hill's Motion for Clarification Concerning Standard of Review and Memorandum of Law filed.
|
|
Jan. 21, 2016 |
Order Granting Enlargement of Time.
|
|
Jan. 20, 2016 |
Loop's Nursery & Greenhouses, Inc. Unopposed Motion for Enlargement of Time to File and Serve Response to Motion for Clarification Concerning Standard of Review filed.
|
|
Jan. 15, 2016 |
Motion for Clarification Concerning Standard of Review and Memorandum of Law filed.
|
|
Jan. 13, 2016 |
Notice to the Division's Clerk and All Counsel of Record filed.
|
|
Jan. 06, 2016 |
Notice of Hearing (hearing set for July 5 through 8, 11 through 15, 18 through 22 and 25 through 29, 2016; 9:00 a.m.; Tallahassee, FL).
|
|
Jan. 05, 2016 |
CASE STATUS: Pre-Hearing Conference Held. |
|
Jan. 05, 2016 |
Notice of Telephonic Pre-hearing Conference (set for January 5, 2016; 9:00 a.m.).
|
|
Jan. 04, 2016 |
Order of Consolidation (DOAH Case Nos. 15-7268, 15-7274, and 15-7276).
|
|
Dec. 30, 2015 |
Notice of Transfer.
|
|
Dec. 29, 2015 |
Response to Initial Order and Request for Case Management Conference filed.
|
|
Dec. 23, 2015 |
Notice of Appearance (Megan Reynolds) filed.
|
|
Dec. 22, 2015 |
Initial Order.
|
|
Dec. 18, 2015 |
Chestnut Hill Tree Farm, LLC's Counter-Petition for Formal Administrative Hearing filed.
|
|
Dec. 18, 2015 |
Notice (of Agency referral) filed.
|
|
Dec. 18, 2015 |
Amended Notice (of Agency referral) filed.
|
|
Dec. 18, 2015 |
Notice of Denial of Application filed.
|
Orders for Case No: 15-007276
