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YARDLEY CAR COMPANY vs FCA US LLC AND ARRIGO MARGATE, LLC, D/B/A ARRIGO DODGE CHRYSLER JEEP RAM MARGATE, 16-007605 (2016)

Court: Division of Administrative Hearings, Florida Number: 16-007605 Visitors: 334
Petitioner: YARDLEY CAR COMPANY
Respondent: FCA US LLC AND ARRIGO MARGATE, LLC, D/B/A ARRIGO DODGE CHRYSLER JEEP RAM MARGATE
Judges: MARY LI CREASY
Agency: Department of Highway Safety and Motor Vehicles
Locations: Tallahassee, Florida
Filed: Dec. 27, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, June 26, 2017.

Latest Update: Jul. 31, 2017
KM_454e-20170731153613


STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DHSMV Case No.: MS-17-759

FINAL ORDER No.: HSMV-17-380-FOF-MS


YARDLEY CAR COMPANY,


Petitioner,


vs.


FCA US, LLC AND ARRIGO MARGATE, LLC, d/b/a ARRIGO DODGE CHRYSLER JEEP RAM MARGATE,


DOAH Case Nos.:


16-6243

16-6244

16-6245

16-6246

16-7604

16-7605

16-7606

16-7607


Respondents.


FINAL ORDER


This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by Mary Li Creasy, an Administrative Law Judge of the Division of Administrative Hearings, a copy of which is attached and incorporated by reference in this order. The Department hereby adopts the Order Closing File as its Final Order in this matter.

Accordingly,itis


ORDERED and ADJUDGED that Respondent, Arrigo Margate, LLC, d/b/a Arrigo Dodge Chrysler Jeep Ram Margate be granted a license as a Chrysler franchise dealership at 2250 North State Road 7, Margate (Broward County), Florida 33063-5716, upon compliance with all applicable requirements of Section 320.27, Florida Statutes, and all applicable Department rules.

--

DONE AND ORDERED thisi°'- day of -So\ , 2017, in Tallahassee, Leon County, Florida.


Robert Kynoch, ector of Motorist Services Department of Highway Safety and Motor Vehicles 2900 Apalachee Parkway

Tallahassee, Florida 32399


sr--

Filed with the Agency Clerk in the official records of the Department of Highway Safety and Motor Vehicles, this'J( day of July, 2017.


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 the 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:


J. Martin Hayes, Esquire Akerman Senterfitt Suite 1200

106 East College Avenue Tallahassee, Florida 32391 Martin.ha, esia ake:rmill]..com


Thomas H. Yardley, Esquire

Law Office of Thomas H. Yardley 1970 Michigan Avenue, Building D Cocoa, Florida 32922 statefiling@yardleylaw.net


2

Kevin F. Richardson, Esquire Clyatt, Richardson & Ryan, P.A. 1401 Forum Way

kevinra err-law.com

West Palm Beach, Florida 33401


Ian D. Coghill, Esquire Robert D. Cultice, Esquire Felicia Ellsworth, Esquire Michelle Sandals, Esquire Wilmer, Cutler, Pickering, Hale, & Dorr, LLP

60 State Street

Boston, Massachusetts 02109 ian.coi!l1il11(11wilmerha l.com Robert.cultice I wilmerhale.com

Relicia.ellswort,h, t 1wilmerhal.com

Michelle.sandalsf tlJwilmerhale.com


J. Andrew Bertran, Esquire Virginia Gulde, Esquire

Nelson, Mullins, Riley, & Scarborough, LLP 3600 Maclay Boulevard South, Suite 202

Tallahassee, Florida 32312

And).betron(w nelsonmullins.com virginia.gulde@nelsonmullins.com susan.orach1 a nelsonmullins.com


Mary Li Creasy Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

man Ii.creasy{a doah.state.fl.us


Joseph R. Gillespie, Agency Clerk Department of Highway Safety

and Motor Vehicles, Room A432, MS02 Tallahassee, Florida 32399 OGCFiling@flhsmv.gov


Nalini Vinayak, Administrator, Dealer License Section Department of Highway Safety

And Motor Vehicles

2900 Apalachee, Parkway, Room A312 Tallahassee, Florida 32399

nalinivina akw flhsmV.1!0V

3


Docket for Case No: 16-007605
Issue Date Proceedings
Jul. 31, 2017 Agency Final Order filed.
Jun. 26, 2017 Order Closing Files and Relinquishing Jurisdiction. CASE CLOSED.
Jun. 26, 2017 Yardley Car Company, LLC's Notice of Dismissal filed.
May 12, 2017 Yardley Car Company's Notice of Serving Discovery Requests filed.
May 11, 2017 Order Severing Cases, Closing Files, and Relinquishing Jurisdiction (DOAH Case Nos.: 16-6239 through 16-6242, and 16-7600 through 76-7603 Closed)
May 10, 2017 Schumacher Automotive Delray, LLC's Notice of Dismissal filed.
May 05, 2017 Yardley Car Company's Notice of Serving Discovery Requests filed.
May 04, 2017 Notice of Service of Yardley Car Company, LLC's Amended Answers to FCA US, LLC's First Set of Interrogatories filed.
Apr. 17, 2017 Order on Yardley's Second Motion to Compel Discovery.
Apr. 17, 2017 Order on FCA US LLC's Motion to Compel.
Apr. 07, 2017 FCA US LLC's Opposition to Yardley Car Company, LLC's Second Motion to Compel Production of Documents filed.
Apr. 06, 2017 Yardley Car Company's Reply to FCA US, LLC's Motion to Compel Answers to Interrogatorie and Production of Documents from Yardley Car Company, LLC filed.
Apr. 05, 2017 Notice of Appearance (John Forehand) filed.
Apr. 03, 2017 Amended Order Severing Cases, Closing Files and Relinquishing Jurisdiction (Severing 16-6222, 16-6236, 16-6237, and 16-6238).
Mar. 31, 2017 Second Motion to Compel Discovery (Requests 2, 6. 7. 9, 11, 13. 15 and 16 of Yardley Car Company's First Request for Production of Documents; Served on November 30, 2016) filed.
Mar. 31, 2017 Order Severing Cases, Closing Files, and Relinquishing Jurisdiction (Severing 16-7596, 16-7597, 16-7598, and 16-7599).
Mar. 31, 2017 Petitioner's Notice of Dismissal (filed in Case No. 16-007596).
Mar. 30, 2017 FCA US LLC's Notice of Service of Supplemental Responses to Yardley Discovery Requests filed.
Mar. 30, 2017 Petitioner's Notice of Dismissal filed.
Mar. 29, 2017 FCA US LLC's Motion to Compel Answers to Interrogatories and Production of Documents from Yardley Car Company, LLC filed.
Mar. 20, 2017 Order Granting Motion to Amend Schedule for Expert Discovery.
Mar. 20, 2017 Order on Yardley Car Company, LLC's Motion to Compel Discovery.
Mar. 17, 2017 FCA US LLC's Partially Assented-To Motion to Amend Schedule for Expert Discovery filed.
Mar. 08, 2017 FCA US LLC's Opposition to Yardley Car Company LLC's Motion to Compel Discovery filed.
Mar. 02, 2017 Yardley Car Company's Notice of Postponement of Depositions filed.
Mar. 01, 2017 Motion to Compel Discovery (Yardley Car Company, Inc.'s First Interrogatories to FCA US, LLC; Executed on December 16, 2016) filed.
Feb. 06, 2017 Order Granting Joint Motion for Approval of Confidentiality Agreement.
Feb. 03, 2017 Joint Motion for Order Approving Confidentiality Agreement filed.
Feb. 03, 2017 Notice of Appearance (Thomas Range) filed.
Jan. 30, 2017 Order Granting Motion to Establish Schedule for Expert Discovery.
Jan. 27, 2017 Joint Motion to Establish Schedule for Expert Discovery filed.
Jan. 18, 2017 Order Accepting Qualified Representative.
Jan. 11, 2017 Yardley Car Company's Notice of Taking Deposition filed.
Jan. 06, 2017 FCA US LLC's Request for Representation by Qualified Representative (M. Sandals) filed.
Jan. 04, 2017 Respondent Arrigo Margate, LLC's Notice of Service of Responses to Discovery Requests filed.
Jan. 04, 2017 Order of Consolidation (DOAH Case Nos. 16-7596, 16-7597, 16-7598, 16-7599, 16-7600, 16-7601, 16-7602, 16-7603, 16-7604, 16-7605, 16-7606, 16-7607).
Jan. 03, 2017 Joint Response to Initial Order filed.
Jan. 03, 2017 Notice of Appearance (Virginia Gulde) filed.
Jan. 03, 2017 Notice of Appearance (J. Bertron) filed.
Dec. 27, 2016 Initial Order.
Dec. 27, 2016 Agency action letter filed.
Dec. 27, 2016 Petition or Complaint Protesting Establishment of Dealership filed.
Dec. 27, 2016 Agency referral filed.

Orders for Case No: 16-007605
Issue Date Document Summary
Jul. 29, 2017 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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