Petitioner: RECOVERY RACING, LLC, D/B/A MASERATI OF FT. LAUDERDALE
Respondent: MASERATI NORTH AMERICA, INC.
Judges: ROBERT L. KILBRIDE
Agency: Department of Highway Safety and Motor Vehicles
Locations: Delray Beach, Florida
Filed: Mar. 21, 2017
Status: Closed
Recommended Order on Tuesday, January 23, 2018.
Latest Update: Feb. 05, 2019
Summary: Whether Respondent, Maserati North America, Inc.’s ("MNA"), proposed 2017 Commercial Policy Program ("2017 Program") is a modification of the franchise agreement between MNA and Petitioner, New Country Motor Cars of Palm Beach, LLC, d/b/a Maserati of Palm Beach ("Palm Beach"), or Petitioner Recovery Racing, LLC, d/b/a Maserati of Ft. Lauderdale ("Fort Lauderdale"); and, if so, whether it is fair and not prohibited by section 320.641(3), Florida Statutes (2016). Whether MNA’s proposed modificatio
Summary: Whether Respondent, Maserati North America, Inc.’s ("MNA"), proposed 2017 Commercial Policy Program ("2017 Program") is a modification of the franchise agreement between MNA and Petitioner, New Country Motor Cars of Palm Beach, LLC, d/b/a Maserati of Palm Beach ("Palm Beach"), or Petitioner Recovery Racing, LLC, d/b/a Maserati of Ft. Lauderdale ("Fort Lauderdale"); and, if so, whether it is fair and not prohibited by section 320.641(3), Florida Statutes (2016). Whether MNA’s proposed modifications to the Existing Franchise Agreements with Petitioners are fair and not prohibited under section 320.641(3).The manufacturer proved that a majority of modifications to the dealer franchise agreements was fair and not prohibited, a few were not. Modifications to its dealer bonus program made by the 2017 Commercial Policy program were fair and not prohibited.
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SKM_C25819020514430STATE OF FLORIDA
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
NEW COUNTRY MOTOR CARS OF PALM BEACH, LLC d/b/a/ MASERATI OF PALM BEACH,
Petitioner,
vs.
MASERATI NORTH AMERICA, INC.,
Respondent.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ /
RECOVERY RACING, LLC d/b/a MASERATI OF FT. LAUDERDALE,
Petitioner,
vs.
MASERATI NORTH AMERICA, INC.,
Respondent.
I
HSMV Case No. MS-17-2366
DOAH 17-1768 4D18-1021
FINAL ORDER NO. :
HSMV- 19- 0132- fof - MS
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
HSMV Case No. MS-17-2367
DOAH 17-1770 4D18-1020
FINAL ORDER ON REMAND
This matter comes before the Department of Highway Safety and Motor Vehicles upon the written opinion and mandate of the Fourth District Court of Appeal issued January 25, 2019. In its opinion, the Court reversed portions of the Department's final order issued in this matter on February 27, 2018 (HSMV-18-0428-FOF-MS), and directed the Department to dismiss the dealers' petitions. Upon review of the Court's written opinion and mandate in the above-styled cases, and being fully advised in the premises, it is ORDERED that:
Those portions of the final order (HSMV-18-0428-FOF-MS) which determined that Respondent Maserati North America, Inc.'s implementation of its 2017 Commercial Policy Bonus Program constituted a modification of the franchise agreement between the parties entitling them to a fairness hearing under s. 320.641, Florida Statutes, are VACATED; and
The petitions in this matter are DISMISSED, and, accordingly, the cases are
CLOSED.
Page 1 of3
NEW COUNTRY MOTOR CARS OF PALM BEACH, LLC & RECOVERY RACING, LLC v. MASERATI NORTH AMERICA, INC.
HSMV Case Nos. MS-17-2366 & MS-17-2367
DOAH Case Nos. 17-1768 & 17-1770, 4D18-1021 & 4D18-1020
Filed February 5, 2019 2:41 PM Division of Administrative Hearings
DONE AND ORDERED this£ day of February, 2019.
COPIES FURNISHED this ffl,
J. Andrew Bertron, Jr., Esquire
Robert Kynoch, Direct r of Motorist Services Department of Highway Safety and Motor Vehicles 2900 Apalachee Parkway
.fcJr
Tallahassee, Florida 32399
day of ,2019, to:
Charles Andrew Gallaer, Esquire
Nelson, Mullins, Riley & Scarborough, LLP 3600 Maclay Boulevard South, Suite 202
Tallahassee, Florida 32312 andy.be rtron@nelsonmullins.com susan.orach(Zunelsonmullins.com
C. Everett Boyd, Esquire
Nelson, Mullins, Riley & Scarborough, LLP 3600 Maclay Boulevard South, Suite 202
Tallahassee, Florida 32312 everett.boyd@nelsonmull ins.com kathi.mcmillan@nelsonmullins.com
Robert D. Cultice, Esquire
Wilmer, Cutler, Pickering, Hale & Dorr, LLP 60 State Street
Boston, Massachusetts 02109-1801 robert.cultice@wilmerhale.com catherine.miller@wilmerhale.com
Felicia H. Ellsworth, Esquire
Wilmer, Cutler, Pickering, Hale & Dorr, LLP 60 State Street
Boston, Massachusetts 02109-1801 felicia.ellsworth@wilmerhale.com jennifer.miller@wilmerhale.com
Arent Fox, LLP 1675 Broadway
New York, New York 10019 charles.gallaer@arentfox.com cgallaer@gmail.com
Jonathan P. Harvey, Esquire Jonathan P. Harvey Law Firm, PLLC 677 Broadway
Albany, New York 12207 jpharvey@jp harveylaw.com
Michael P. McMahan, Esquire Arent Fox, LLP
1675 Broadway
New York, New York 10019 michael.mcmahan@arentfox.com
Russell P. McRory, Esquire Arent Fox, LLP
1675 Broadway
New York, New York 10019 russell.mcrory@,arentfox.com
Page 2 of3
NEW COUNTRY MOTOR CARS OF PALM BEACH, LLC & RECOVERY RACING, LLC v. MASERATI NORTH AMERICA, INC.
HSMV Case Nos. MS-17-2366 & MS-17-2367
DOAH Case Nos. 17-1768 & 17-1770, 4D18-1021 & 4D18-1020
Elizabeth Mooney, Esquire
Wilmer, Cutler, Pickering, Hale & Dorr, LLP 60 State Street
Boston, Massachusetts 02109-1801 elizabeth.mooney(ct,,wilmerhale.com
Elias C. Schwartz, Esquire Elias C. Schwartz, PLLC 343 Great Neck Road
Great Neck, New York 11021
Matthew C. Tymann, Esquire
Wilmer, Cutler, Pickering, Hale & Dorr, LLP 60 State Street
Boston, Massachusetts 02019-1801 matthew.t ym ann@wilmerhale.com
Lee D. Wedekind III, Esquire
Nelson, Mullins, Riley & Scarborough, LLP 3600 Maclay Boulevard South, Suite 202
Tallahassee, Florida 32312 lee.wedekind(ft.melsonmullins.com
James M. Westerlind, Esquire Arent Fox, LLP
1675 Broadway
New York, New York 10019
ja mes.westerlind(l't,arentfox.com
Joseph R. Gillespie, Agency Clerk Department of Highway Safety and Motor Vehicles
Room A432, Mail Stop 2 2900 Apalachee Parkway
Tallahassee, Florida 32399 ogcfiling@flhsmv.gov joegillespie@flhsmv.gov
Palmer Brand, Chief of Dealer Services Department of Highway Safety
and Motor Vehicles
Neil Kirkman Building, Room A-312, MS 65 2900 Apalachee Parkway
Tallahassee, Florida 32399-0635 palrnerbrand(ct,flhsmv. gov
NOTICE OF APPEAL RIGHTS
A party adversely affected by this final order may seek judicial review as provided in section 120.68, Florida Statutes, and Florida Rule of Appellate Procedure 9.190. Judicial review is initiated by filing a notice of appeal with the Agency Clerk, and a copy of the notice of appeal, accompanied by the filing fee, with the appropriate district court of appeal. The notice of appeal must conform to the requirements of Florida Rule of Appellate Procedure 9.110(d) and must be filed (i.e., received by the Agency Clerk) within thirty days ofrendition of this final order.
Filing with the Department's Agency Clerk may be accomplished by U.S. mail, express overnight delivery, hand delivery, facsimile transmission, or electronic mail. The address for overnight delivery or hand delivery is Joseph Gillespie, DHSMV Agency Clerk, Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, A-432, MS-2, Tallahassee, Florida 32399. The facsimile number is (850) 617-5112. The email address is OGCFiling(aJflhsmv.gov.
Page 3 of3
NEW COUNTRY MOTOR CARS OF PALM BEACH, LLC & RECOVERY RACING, LLC v. MASERATI NORTH AMERICA, INC.
HSMV Case Nos. MS-17-2366 & MS-17-2367
DOAH Case Nos. 17-1768 & 17-1770, 4D18-1021 & 4D18-1020
Docket for Case No: 17-001770
Issue Date |
Proceedings |
Feb. 05, 2019 |
Agency Final Order on Remand filed.
|
Feb. 05, 2019 |
Agency Final Order on Remand filed.
|
Feb. 05, 2019 |
Final Order on Remand filed.
|
Mar. 09, 2018 |
Appendix to Final Order Rulings on Petitioner and Respondents' Exceptions filed.
|
Mar. 09, 2018 |
Agency Final Order filed.
|
Feb. 07, 2018 |
Exhibit B to Petitioners' Exceptions filed.
|
Feb. 07, 2018 |
Exhibit A to Petitioners' Exceptions filed.
|
Feb. 07, 2018 |
Addendum to Petitioners' Exceptions filed.
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Feb. 07, 2018 |
Petitioners' Exceptions to the January 23, 2018 Recommended Order filed.
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Feb. 07, 2018 |
Respondent's Exceptions to the Recommended Order filed.
|
Jan. 24, 2018 |
Transmittal letter from Claudia Llado forwarding Petitioner's Exhibits, not admitted into evidence to Petitioner.
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Jan. 23, 2018 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
|
Jan. 23, 2018 |
Recommended Order (hearing held October 3-5, 2017). CASE CLOSED.
|
Dec. 05, 2017 |
Order Granting Motion to Exceed Page Limit for Proposed Recommended Order.
|
Nov. 28, 2017 |
Letter Motion to Judge Kilbride regarding Petitioners' Proposed Recommended Order filed.
|
Nov. 21, 2017 |
Respondent Maserati North America, Inc.'s Proposed Recommended Order filed.
|
Nov. 21, 2017 |
Respondent Maserati North America, Inc.'s Post-hearing Brief filed.
|
Nov. 21, 2017 |
Petitioners' Post-hearing Brief filed.
|
Nov. 21, 2017 |
Petitioners' Proposed Recommended Order filed.
|
Nov. 13, 2017 |
Letter to Judge Kilbride regarding Wide World of Cars Decision (enclosed Findings and Deposition) filed.
|
Oct. 12, 2017 |
Order Granting Extension of Time.
|
Oct. 10, 2017 |
Transcript of Proceedings Volumes I-V (not available for viewing) filed. |
Oct. 09, 2017 |
Joint Motion for Extension of Time to File Post-Hearing Submittals filed.
|
Oct. 03, 2017 |
CASE STATUS: Hearing Held. |
Oct. 03, 2017 |
CASE STATUS: Hearing Held. |
Oct. 02, 2017 |
Respondent Maserati North America, Inc.'s Amended Exhibit List filed.
|
Oct. 02, 2017 |
(Revised) Petitioners' Amended Exhibit List filed.
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Oct. 02, 2017 |
Petitioners' Amended Exhibit List filed.
|
Sep. 29, 2017 |
Respondent Maserati North America, INC.'s Second Supplemental Response To Petitioners' Interrogatory NO.2 filed.
|
Sep. 27, 2017 |
Respondent Maserati North America, Inc.'s Amended Exhibit List filed.
|
Sep. 27, 2017 |
Recovery Racing, LLC's Notice of Supplemental Responses and Objections to Discovery filed.
|
Sep. 25, 2017 |
Respondent's Pre-Hearing Statement filed.
|
Sep. 25, 2017 |
Petitioners' Sections G. and H. for Pre-Hearing Stipulation filed.
|
Sep. 25, 2017 |
Pre-hearing Stipulation filed.
|
Sep. 22, 2017 |
Amended Notice of Hearing (hearing set for October 3 through 6, 2017; 9:00 a.m.; Delray Beach, FL; amended as to Hearing Location ).
|
Sep. 20, 2017 |
Petitioners' Request to Have this Tribunal Subpoena Brad Davis to Testify at the Hearing filed.
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Sep. 20, 2017 |
Petitioners' Request to Have this Tribunal Subpoena Tony Tullio to Testify at the Hearing filed.
|
Sep. 19, 2017 |
Notice of Withdrawal filed.
|
Sep. 18, 2017 |
Omnibus Order.
|
Sep. 15, 2017 |
Respondent's Notice of Intent to Use Summary filed.
|
Sep. 15, 2017 |
New Country Motor Cars of Palm Beach, LLC's Notice of Responses and Objections to Discovery filed.
|
Sep. 14, 2017 |
Respondent's Notice of Serving Expert Report of Joseph T. Gardemal III filed.
|
Sep. 14, 2017 |
CASE STATUS: Motion Hearing Held. |
Sep. 14, 2017 |
Respondent Maserati North America, Inc.'s Opposition to Petitioners' Letter-Motion in Limine to Exclude Expert Testimony filed.
|
Sep. 13, 2017 |
Maserati North America, Inc.'s Request for Representation by Qualified Representative - Robert D. Cultice filed.
|
Sep. 13, 2017 |
Maserati North America, Inc.'s Request for Representation by Qualified Representative - Matthew Tymann filed.
|
Sep. 13, 2017 |
Maserati North America, Inc.'s Request for Representation by Qualified Representative - Felicia H. Ellsworth filed.
|
Sep. 13, 2017 |
Exhibit A to Petitioner's Letter Motion in Limine filed.
|
Sep. 13, 2017 |
Petitioner's Letter Motion in Limine to Bar Maserati from Calling Expert Witnesses filed.
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Sep. 13, 2017 |
Respondent's Notice of Serving Supplemental Responses to Petitioners' Interrogatories filed.
|
Sep. 13, 2017 |
Notice of Appearance ((C. Boyd) filed.
|
Sep. 01, 2017 |
Order on Motions to Compel Discovery.
|
Sep. 01, 2017 |
Order Denying Motion to Continue.
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Aug. 31, 2017 |
Certificate of Service Petitioners Opposition to Motion for Continuance filed.
|
Aug. 30, 2017 |
Petitioners' Joint Opposition to Respondent Maserati North America, Inc.'s Motion for Continuance to Extend the Time for Discovery and Reschedule the Final Hearing (filed in Case No. 17-001770).
|
Aug. 30, 2017 |
Petitioners' Joint Opposition to Respondent Maserati North America, Inc.'s Motion for Continuance to Extend the Time for Discovery and Reschedule the Final Hearing filed.
|
Aug. 28, 2017 |
Respondent's Supplemental Brief related to MNA's Motion to Compel filed.
|
Aug. 28, 2017 |
Order Denying Motion for Leave to File Reply to Petitioners' Joint Opposition to Motion to Compel.
|
Aug. 28, 2017 |
Respondent's Motion for Leave to File Reply to Petitioner's Joint Opposition to Motion to Compel filed.
|
Aug. 25, 2017 |
Respondent's Supplemental Brief on MNA's Motion to Compel filed.
|
Aug. 25, 2017 |
Respondent's Opposition to Petitioners' Cross-Motion to Compel filed.
|
Aug. 24, 2017 |
Order on Joint Status Report.
|
Aug. 24, 2017 |
CASE STATUS: Motion Hearing Held. |
Aug. 24, 2017 |
Exhibits F-I to MNA's Motion for Continuance filed.
|
Aug. 24, 2017 |
Exhibits A-E to MNA's Motion for Continuance filed.
|
Aug. 24, 2017 |
Respondent Maserati North America, Inc.'s Motion for Continuance to Extend the Time for Discovery and Reschedule the Final Hearing filed.
|
Aug. 22, 2017 |
Joint Status Report filed.
|
Aug. 18, 2017 |
Certificate of Service for Opposition to Motion to Compel and Cross Motion filed.
|
Aug. 18, 2017 |
Certificate of Service for Opposition and Cross Motion filed by Petitioner.
|
Aug. 18, 2017 |
Exhibits 7 through 12 to Opposition and Cross Motion (filed in Case No. 17-001770).
|
Aug. 18, 2017 |
Exhibits 1 through 6 to Opposition and Cross Motion (filed in Case No. 17-001770).
|
Aug. 18, 2017 |
Petitioners' Joint Opposition to Respondent Maserati North America, Inc.'s Motion to Compel and Petitioners' Cross Motion to Compel (filed in Case No. 17-001770).
|
Aug. 18, 2017 |
Exhibits 7 through 12 to Opposition and Cross Motion filed by Petitioner.
|
Aug. 18, 2017 |
Exhibits 1 through 6 to Opposition and Cross Motion filed by Petitioner.
|
Aug. 18, 2017 |
Petitioners' Joint Opposition to Respondent Maserati North America, Inc.'s Motion to Compel and Petitioners' Cross Motion to Compel filed.
|
Aug. 11, 2017 |
Exhibits D-G to Respondent MNA's Motion to Compel filed.
|
Aug. 11, 2017 |
Exhibits A-C to Respondent MNA's Motion to Compel filed.
|
Aug. 11, 2017 |
Respondent Maserati North America, Inc.'s Motion to Compel or for other Relief filed.
|
Aug. 04, 2017 |
Respondent Maserati North America, Inc.'s Response to the Dealers' August 1, 2017 Letter filed.
|
Aug. 01, 2017 |
Letter to Judge Kilbride re NY DMV Decision (filed in Case No. 17-001770).
|
Aug. 01, 2017 |
Letter to ALJ Kilbride re NYDMV Decision filed.
|
Aug. 01, 2017 |
Exhibit F to Respondent Maserati North America, Inc.'s Pre-Hearing Briefing filed.
|
Aug. 01, 2017 |
Exhibit E to Respondent Maserati North America, Inc.'s Pre-Hearing Briefing filed.
|
Aug. 01, 2017 |
Exhibit D to Respondent Maserati North America, Inc.'s Pre-Hearing Briefing filed.
|
Aug. 01, 2017 |
Exhibit C to Respondent Maserati North America, Inc.'s Pre-Hearing Briefing filed.
|
Aug. 01, 2017 |
Exhibit B to Respondent Maserati North America, Inc.'s Pre-Hearing Briefing filed.
|
Aug. 01, 2017 |
Exhibit A to Respondent Maserati North America, Inc.'s Pre-Hearing Briefing filed.
|
Jul. 31, 2017 |
Respondent Maserati North America, Inc.'s Pre-hearing Briefing Regarding the Vaibility of Petitioners' Modification Claim and Request for Injunctive Relief filed.
|
Jul. 31, 2017 |
Certificate of Service (for Pre-hearing Brief and Filing of Protected Material) filed.
|
Jul. 31, 2017 |
Certificate of Service (for Pre-hearing Brief and Filing of Protected Material (filed in Case No. 17-001770).
|
Jul. 31, 2017 |
Declaration of Charles A. Gallaer, Esq. filed.
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Jul. 31, 2017 |
Exhibits L through O to Gallaer Declaration filed.
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Jul. 31, 2017 |
Exhibits F through K to Gallaer Declaration filed.
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Jul. 31, 2017 |
Exhibits C through E to Gallaer Declaration filed.
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Jul. 31, 2017 |
Exhibit B to Gallaer Declaration filed.
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Jul. 31, 2017 |
Exhibit A to Gallaer Declaration filed.
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Jul. 31, 2017 |
Exhibits to Gallaer Declaration L through O (filed in Case No. 17-001770).
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Jul. 31, 2017 |
Exhibits to Gallaer Declaration F through K (filed in Case No. 17-001770).
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Jul. 31, 2017 |
Exhibits C through E to Gallaer Declaration (filed in Case No. 17-001770).
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Jul. 31, 2017 |
Exhibit B to Gallaer Declaration (filed in Case No. 17-001770).
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Jul. 31, 2017 |
Exhibit A to Gallaer Declaration (filed in Case No. 17-001770).
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Jul. 31, 2017 |
Declaration of Charles A. Gallaer, Esq. (in Support of Pre-hearing Brief (filed in Case No. 17-001770).
|
Jul. 31, 2017 |
Petitioners' Pre-hearing Brief (filed in Case No. 17-001770).
|
Jul. 31, 2017 |
Notice of Filing of Protected Material (filed in Case No. 17-001770).
|
Jul. 31, 2017 |
Petitioners' Pre-hearing Brief filed.
|
Jul. 31, 2017 |
Declaration of Charles A. Gallaer, Esq. (in support of Pre-hearing Brief) filed.
|
Jul. 31, 2017 |
Notice of Filing of Protected Material (Exhibits to Pre-hearing Brief) filed.
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Jul. 26, 2017 |
Second Amended Stipulated Protective Order Regarding the Production, Use and Disposition of Confidential Documents and Information.
|
Jul. 25, 2017 |
Amended Stipulated Protective Order Regarding the Production, Use and Disposition of Confidential and Information.
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Jul. 24, 2017 |
Stipulated Protective Order Regarding the Production, Use and Disposition of Confidential Documents and Information.
|
Jul. 19, 2017 |
Order Accepting Qualified Representative.
|
Jul. 18, 2017 |
Respondent Maserati North America, INC.'s Objections and Responses To Petitioners' First Set of Interrogatories filed.
|
Jul. 18, 2017 |
Sworn Affidavit of James Westerlind filed.
|
Jul. 18, 2017 |
New Country Motor Cars of Palm Beach, LLC's Request for Representation by Qualified Representative - James Westerlind filed.
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Jul. 18, 2017 |
Sworn Affidavit of James M. Westerlind (filed in Case No. 17-001770).
|
Jul. 18, 2017 |
Recovery Racing, LLC's Request for Representation by Qualified Representative - James Westerlind (filed in Case No. 17-001770).
|
Jul. 13, 2017 |
Respondent Maserati North America, Inc.'s Motion for Entry of Protective Order filed.
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Jun. 30, 2017 |
Order Accepting Qualified Representative.
|
Jun. 27, 2017 |
Maserati North America, Inc.'s Request for Representation by Qualified Representative - Matthew F. Singer filed.
|
Jun. 27, 2017 |
Maserati North America, Inc.'s Request for Representation by Qualified Representative - Connor T. Gants filed.
|
Jun. 05, 2017 |
Recovery Racing, LLC's Notice of Responses and Objections to Discovery (filed in Case No. 17-001770).
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Jun. 05, 2017 |
New County Motor Cars of Palm Beach, LLC's Notice of Responses and Objections to Discovery filed.
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May 25, 2017 |
Order Establishing Interim Case Dates.
|
May 18, 2017 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for October 3 through 6, 2017; 9:00 a.m.; West Palm Beach, FL).
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May 12, 2017 |
Joint Motion to Reschedule Final Hearing and Establish Interim Case Dates filed.
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May 11, 2017 |
Order Accepting Qualified Representative.
|
May 11, 2017 |
Sworn Affidavit of Michael P. McMahan (Request for Representation by Qualified Representative) filed.
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May 11, 2017 |
New Country Motor Cars of Palm Beach, LLC's Request for Representation by Qualified Representative - Michael McMahan filed.
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May 11, 2017 |
Sworn Affidavit of Michael P. McMahan (Request for Representation by Qualified Representative; filed in Case No. 17-001770).
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May 11, 2017 |
Recovery Racing, LLC's Request for Representation by Qualified Representative - Michael McMahan (filed in Case No. 17-001770).
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May 10, 2017 |
Order Accepting Qualified Representative.
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May 09, 2017 |
Sworn Affidavit of Russell P. McRory (filed in Case No. 17-001770).
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May 09, 2017 |
Recovery Racing, LLC's Request for Representation by Qualified Representative - Russell McRory (filed in Case No. 17-001770).
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May 09, 2017 |
Sworn Affidavit of Russell P. McRory filed.
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May 09, 2017 |
New Country Motor Cars of Palm Beach, LLC's Request for Representation by Qualified Representative - Russell McRory filed.
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May 05, 2017 |
Order Accepting Qualified Representative.
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May 05, 2017 |
Sworn Affidavit of Jonathan P. Harvey filed.
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May 05, 2017 |
New Country Motor Cars of Palm Beach, LLC's Request for Representation by Qualified Representative - Jonathan P. Harvey filed.
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May 05, 2017 |
New Country Motor Cars of Palm Beach, LLC's Request for Representation by Qualified Representative - Jonathan P. Harvey filed.
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May 05, 2017 |
Recovery Racing, LLC's Notice of Serving Discovery (filed in Case No. 17-001770).
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May 05, 2017 |
New Country Motor Cars of Palm Beach, LLC's Notice of Serving Discovery filed.
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Apr. 27, 2017 |
Order Accepting Qualified Representatives.
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Apr. 21, 2017 |
Maserati North America, Inc.'s Request for Representation by Qualified Representative-Maile Solis filed.
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Apr. 21, 2017 |
Maserati North America, Inc.'s Request for Representation by Qualified Representative-Randall Oyler filed.
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Apr. 18, 2017 |
Maserati North America, Inc.'s Notice of Serving Discovery filed.
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Apr. 12, 2017 |
Amended Notice of Hearing (hearing set for May 23 through 26, 2017; 9:00 a.m.; West Palm Beach, FL; amended as to hearing location).
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Apr. 11, 2017 |
Notice of Hearing (hearing set for May 23 through 26, 2017; 9:00 a.m.; West Palm Beach, FL).
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Apr. 11, 2017 |
Order of Pre-hearing Instructions.
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Apr. 11, 2017 |
Notice of Telephonic Pre-hearing Conference (set for May 5, 2017; 1:30 p.m.).
|
Apr. 11, 2017 |
Order of Consolidation (DOAH Case Nos. 17-1768, and 17-1770).
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Apr. 10, 2017 |
Notice of Transfer.
|
Apr. 10, 2017 |
Joint Response to Initial Order filed.
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Mar. 30, 2017 |
Order Granting Extension of Time.
|
Mar. 30, 2017 |
Joint Motion for Additional Time to Respond (filed in Case No. 17-001770).
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Mar. 22, 2017 |
Initial Order.
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Mar. 21, 2017 |
Agency action letter filed.
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Mar. 21, 2017 |
Petition filed.
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Mar. 21, 2017 |
Agency referral filed.
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Orders for Case No: 17-001770
Issue Date |
Document |
Summary |
Feb. 04, 2019 |
Second Agency FO
|
|
Feb. 27, 2018 |
Agency Final Order
|
|
Jan. 23, 2018 |
Recommended Order
|
The manufacturer proved that a majority of modifications to the dealer franchise agreements was fair and not prohibited, a few were not. Modifications to its dealer bonus program made by the 2017 Commercial Policy program were fair and not prohibited.
|