Petitioner: TAMPA BAY DOWNS, INC.; AND TBDG ACQUISITION, LLC, D/B/A TGT POKER AND RACEBOOK
Respondent: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTEL WAGERING
Judges: E. GARY EARLY
Agency: Department of Business and Professional Regulation
Locations: Tallahassee, Florida
Filed: Sep. 29, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, January 5, 2021.
Latest Update: May 28, 2019
Summary: This cause is before the undersigned upon the entry of two Orders by the First District Court of Appeal (First DCA) granting motions for attorney’s fees and costs and remanding the matter to the Division of Administrative Hearings (DOAH) to assess the amount pursuant to section 120.595(2).Petitioners were jointly entitled to an award of attorney's fees up to the statutory cap of $50,000, and to cost exclusive of a pre-litigation lower cost regulatory alternative.
Mandate from 2DCAM A N D A T E
from
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
SECOND DISTRICT
THIS CAUSE HAVING BEEN BROUGHT TO THIS COURT BY APPEAL, AND AFTER DUE CONSIDERATION THE COURT HAVING ISSUED ITS OPINION;
YOU ARE HEREBY COMMANDED THAT SUCH FURTHER PROCEEDINGS BE HAD IN SAID CAUSE, IF REQUIRED, IN ACCORDANCE WITH THE OPINION OF THIS COURT ATTACHED HERETO AND INCORPORATED AS PART OF THIS ORDER, AND WITH THE RULES OF PROCEDURE AND LAWS OF THE STATE OF FLORIDA.
WITNESS THE HONORABLE NELLY N. KHOUZAM CHIEF JUDGE OF THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA, SECOND DISTRICT, AND THE SEAL OF THE SAID COURT AT LAKELAND, FLORIDA ON THIS DAY.
DATE: May 07, 2020
SECOND DCA CASE NO. 18-1968
COUNTY OF ORIGIN: Hillsborough LOWER TRIBUNAL CASE NO. 16-5685F,
16-5686F,
16-5682F,
16-5683F,
16-5684F,
16-5689F,
16-5687F,
16-5688F
CASE STYLE: TAMPA BAY DOWNS, INC. &
TBDG ACQUISITION, LLC, D/B/A TGT POKER & RACEBOOK
v. DEPT. OF BUSINESS & PROFESSIONAL REGULATION, ET AL.,
cc:
CHRISTOPHER KISE, ESQ. JAMES A. LEWIS, ESQ. JAMES W. UTHMEIER, ESQ. JOSHUA E. PRATT, ESQ.
JOSEPH Y. WHEALDON, I I I, ESQ. LOUIS A. TROMBETTA, ESQ. ROSS MARSHMAN, ESQ.
DEPT. OF BUSINESS & PROFESSIONAL REGULATION
DEVON NUNNELEY, ESQ. JAMES A. MC KEE, ESQ. JOHN M. LOCKWOOD, ESQ. JOE S. JACQUOT, ESQ. JOSHUA HAWKES, ESQ.
RAYMOND F. TREADWELL, ESQ. THOMAS JOSEPH MORTON, ESQ. DEPT. OF ADMINISTRATIVE HEARINGS
mep
Docket for Case No: 16-005689F
| Issue Date |
Proceedings |
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Jan. 05, 2021 |
Final Order Dismissing Motions For Attorney's Fees. CASE CLOSED.
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Jan. 05, 2021 |
Petitioners' Notice of Voluntary Dismissal filed.
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Nov. 13, 2020 |
Notice of Appearance (James McKee) filed.
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Nov. 13, 2020 |
Order Extending Abeyance and Requiring Status Report (parties to advise status by January 12, 2021).
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Nov. 13, 2020 |
Joint Status Report filed.
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Sep. 28, 2020 |
Order Canceling Hearing and Requiring Status Report (parties to advise status by November 13, 2020).
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Sep. 28, 2020 |
Joint Motion to Place Case in Abeyance Pending Settlement filed.
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Jun. 03, 2020 |
Notice of Appearance filed (Megan Silver).
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May 26, 2020 |
Notice of Withdrawal filed.
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May 26, 2020 |
Order of Pre-hearing Instructions.
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May 26, 2020 |
Notice of Hearing (hearing set for October 13, 2020; 9:00 a.m.; Tallahassee).
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May 22, 2020 |
Joint Status Report filed.
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May 21, 2020 |
Notice of Appearance (Johnny Elhachem) filed.
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May 13, 2020 |
Order Requiring Status Report.
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May 07, 2020 |
Mandate filed.
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Apr. 02, 2020 |
BY ORDER OF THE COURT: Appellee's motion for certification is denied.
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Feb. 28, 2020 |
Opinion filed.
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May 28, 2019 |
BY ORDER OF THE COURT: This case is provisonally set for oral argument on August 14, 2019, at 11:00 a.m.
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Feb. 06, 2019 |
BY ORDER OF THE COURT: This case is provsionally set for oral argument on Tuesday, April 16, 2019 at 11:00 a.m.
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Dec. 20, 2018 |
BY ORDER OF THE COURT: The motion to consolidate is granted only to the extent that the appeals 1D18-1967 and 2D18-1968 will travel together for review by the same panel of judges.
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Jul. 18, 2018 |
Index, Record, and Certificate of Record sent to the Second District Court of Appeal. (2D18-1967 and 2D18-1968)
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Jun. 20, 2018 |
Invoice for the record on appeal mailed.
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Jun. 20, 2018 |
Index (of the Record) sent to the parties of record.
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May 21, 2018 |
Acknowledgment of New Case, Second DCA Case No. 2D18-1968 filed.
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May 21, 2018 |
BY ORDER OF THE COURT: This appeal has been filed without a filing fee.
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May 21, 2018 |
BY ORDER OF THE COURT: The notice of appeal that initiated this proceeding does not provide mailing addresses for those served with the notice.
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May 18, 2018 |
Notice of Administrative Appeal filed and Certified copy sent to the Second District Court of Appeal this date. (Dania Entertainment)
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May 18, 2018 |
Notice of Appeal filed and Certified copy sent to the Second District Court of Appeal this date. (Tampa Bay Downs, Inc.)
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May 18, 2018 |
Notice of an Administrative Appeal filed and Certified copy sent to the Second District Court of Appeal this date. (Dania Entertainment Center)
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May 18, 2018 |
Notice of Appeal filed.
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May 18, 2018 |
Notice of Administrative Appeal filed.
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Apr. 20, 2018 |
Final Order Awarding Attorney's Fees and Costs. CASE CLOSED.
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Apr. 18, 2018 |
Joint Status Report filed.
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Apr. 11, 2018 |
Order Requiring Status Report.
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Apr. 09, 2018 |
Respondent?s Memorandum of Law Disputing the Taxability of Certain Portions of Petitioners? Claim for Attorney?s Costs filed.
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Mar. 30, 2018 |
Affidavit and Accounting of Taxable Costs filed.
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Mar. 30, 2018 |
Memorandum of Law filed.
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Mar. 30, 2018 |
Affidavit of Joshua M. Hawkes regarding Amount of Costs filed.
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Mar. 21, 2018 |
Order Continuing Final Hearing (parties to advise status by March 30, 2018).
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Mar. 20, 2018 |
CASE STATUS: Motion Hearing Held. |
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Feb. 20, 2018 |
Notice of Court Reporter filed.
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Feb. 15, 2018 |
Order Denying Stay and Notice of Hearing (hearing set for March 22, 2018; 9:30 a.m.; Tallahassee, FL).
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Feb. 14, 2018 |
Status Report filed.
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Feb. 07, 2018 |
Order Requiring Status Report (parties to advise status by February 14, 2018).
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Jan. 26, 2018 |
Partial Final Order on Effect of Statutory Cap on Fees (hearing held January 16, 2018). DOAH JURISDICTION RETAINED.
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Jan. 23, 2018 |
Respondent's Notice of Filing Supplemental Authority filed.
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Jan. 19, 2018 |
Petitioners' Tampa Bay Downs and TGT Poker and Racebook's Supplemental Brief on the Application of the Attorney's Fees Statutory Cap filed.
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Jan. 19, 2018 |
Respondent's Supplemental Memorandum of Law in Support of an Aggregate Method for Awarding Attorney's Fees in Accordance with Section 120.595(2), Florida Statutes filed.
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Jan. 19, 2018 |
Supplemental Memorandum of Law Regarding Section 120.595(2)'s Cap on Attorney's Fees filed.
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Jan. 16, 2018 |
CASE STATUS: Hearing Partially Held; continued to date not certain. |
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Jan. 11, 2018 |
Respondent's Memorandum of Law in Support of an Aggregate Method for Awarding Attorney's Fees in Accordance with Section 120.595(2), Florida Statutes filed.
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Jan. 11, 2018 |
Petitioners' Tampa Bay Downs and TGT Poker and Racebook's Brief on the Application of the Attorney's Fees Statutory Cap filed.
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Jan. 11, 2018 |
Memorandum of Law Regarding Section 120.595(2)'s Cap on Attorney's Fees filed.
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Dec. 12, 2017 |
Respondent's Notice of Service of Its First Request for Production and First Set of Interrogatories filed.
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Dec. 12, 2017 |
Notice of Substitution of Counsel (James Lewis) filed.
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Dec. 11, 2017 |
Notice of Court Reporter filed.
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Dec. 04, 2017 |
Notice of Hearing (hearing set for January 16, 2018; 9:30 a.m.; Tallahassee, FL).
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Nov. 30, 2017 |
Joint Status Report filed.
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Nov. 28, 2017 |
Notice of Appearance (Louis Trombetta) filed.
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Nov. 16, 2017 |
Notice of Appearance (Devon Nunneley) filed.
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Nov. 16, 2017 |
Order Requiring Status Report.
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Oct. 07, 2016 |
Order Placing Case in Abeyance and Requiring Status Report (parties to advise status by January 6, 2017).
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Oct. 07, 2016 |
Order of Consolidation (DOAH Case Nos. 16-5682F, 16-5683F, 16-5684F, 16-5685F, 16-5686F, 16-5687F, 16-5688F, 16-5689F).
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Sep. 29, 2016 |
Notice sent out that this case is now before the Division of Administrative Hearings.
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Sep. 26, 2016 |
Petitioner TBDG Acquisition, LLC, d/b/a TGT Poker and Racebook Motion for Attorney's Fees filed. (FORMERLY DOAH CASE NO. 15-7022RP)
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Sep. 26, 2016 |
Petitioner Tampa Bay Down's, Inc.'s Motion for Attorney's Fees filed. (FORMERLY DOAH CASE NO. 15-7022RP)
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Orders for Case No: 16-005689F
| Issue Date |
Document |
Summary |
|
May 07, 2020 |
Mandate
|
|
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Feb. 28, 2020 |
Opinion
|
The $50,000 cap on attorney's fees in section 120.595(2) applies to Petitioners collectively.
|
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Apr. 20, 2018 |
DOAH Final Order
|
Petitioners were jointly entitled to an award of attorney's fees up to the statutory cap of $50,000, and to cost exclusive of a pre-litigation lower cost regulatory alternative.

|
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Jan. 26, 2018 |
Partial DOAH FO
|
The $50,000 cap on attorney's fees in section 120.595(2) applies to Petitioners collectively.
|
