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DADELAND DODGE, INC., D/B/A DADELAND DODGE CHRYSLER JEEP vs FCA US, LLC; AND MIAMI AUTOMOTIVE RETAIL, INC., 17-004957 (2017)

Court: Division of Administrative Hearings, Florida Number: 17-004957 Visitors: 5
Petitioner: DADELAND DODGE, INC., D/B/A DADELAND DODGE CHRYSLER JEEP
Respondent: FCA US, LLC; AND MIAMI AUTOMOTIVE RETAIL, INC.
Judges: DARREN A. SCHWARTZ
Agency: Department of Highway Safety and Motor Vehicles
Locations: Tallahassee, Florida
Filed: Sep. 06, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, June 25, 2018.

Latest Update: Jun. 28, 2018
HSMV-18-1009-FOI-MS Final Order.pdf


STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLE


DADELAND DODGE, I C. d/b/a DADELAND DODGE CHRYSLER JEEP


Petitioner,

vs.

FCA US LLC and MIAMI AUTOMOTIVE RETAlL INC.


Respondent.

                                                                        I


HSMV Case Nos.: MS-17-1234

MS-17-1239 MS-17-1245 MS-17-1251

DOAH Case Nos.: 17-4957

17-4962

17-4968

17-4974

FINAL ORDER NO.

HS MV- 1 8-1009-Rll=- MS

FINAL ORDER DEPART ENT OF HIGHWAY SAFETY ANO MOTOR VEHICLES

This matter comes before the Department of Highway Safety and Motor Vehicles for entry of a final order upon submission of an Order Closing Files and Relinquishing Jurisdiction issued June 25 2018 by the Honorable Darren A. Schwartz, Administrative Law Judge of the Division of Administrative Hearings based on Petitioner's Notice of Dismissal with Prejudice filed June 22 2018, copies of which are attached and incorporated by reference in this order.

Upon review of the Order and the record in the above-styled consolidated cases the Department hereby dismisses the cases. Accordingly, it is ORDERED that the cases are CLOSED.

DONE AND ORDERED this zg+:: day of 0l,l.A.L , 2018.


.,f'b'YRobert Kynoch, Director of Motorist Services Department of Highway afety and Motor Vehicles 2900 Apalachee Parkway

Tallahassee, Florida 32399


Page I of3

DADELAND DODGE, INC. v. FCA U LLC & MIAMI AUTOMOTIVE RETAIL, I C.

HSMV Case Nos. MS-17-1234, MS-17-1239, MS-17-1245 & MS- 1 7- 1 251

DOAH Case Nos. 17 -4957, 17-4962 17-4968& 17-4974



Filed June 28, 2018 11:13 AM Division of Administrative Hearings

COPIES FURNISHED this J.- day of Tl,,lJ:'U---- 2018 to:

Joseph R. Gillespie, Agency Clerk Department of Highway Safety and Motor Vehicles

Room A432 Mail Stop 2 2900 Apalachee Parkway

Tallahassee Florida 32399 ogcfili ng@.flhsmv. go

joegil lespie c@flhsmv.gov


A. Edward Quinton, Esquire Quinton & Paretti, P.A.

SunTrust International Center, Suite 1405 1 Southeast 3rd Avenue

Miami Florida 33131

eguinto n@q ui ntonpare tti. com

Kenneth L. Paretti Esquire Quinton & Paretti P.A.

SunTrust International Center Suite 1405 1 Southeast 3rd Avenue

Miami, Florida 33131

kpare tti(alq uintonparetti .com


J. Andrew Bertran, Esquire

Nelson, Mull ins, Riley & Scarborough LLP 3600 Maclay Boulevard South , Suite 202 Tallahassee Florida 32312

andy. bertron@ne l onmullins.com susa n.orach(@.ne1 onmullin .com

C. Everett Boyd squire

Nelso n, Mullins Riley & Scarborough, LLP

3600 Maclay Boulevard South uite 202

Tallahassee, Florida 32312

kathi . mcm ill anra.mel onrnullin .com


Craig Julian Trigoboff squire Waldman Trigoboff Hildebrandt Marx and Calnan P.A.

100 Northeast 3rd Avenue Suite 780 Fort Lauderdale Florida 33301 ctrigoboff(a),waldmanlawfinn.com lweb ter@ v.'ald ma nla wfi nn.com

Robert D. Cultice Esquire

Wilmer Cutler. Picker i ng, Hale & Dorr LLP 60 State tre t

Boston Massachusetts 02109 robcrt.cu Itice(ii.wi Imcrhalc.com

cath e rine.mi Jle r(a ,wilme rha l .com


Michelle Liszt Sandals Esquire Sonia Sujanani Esquire

Andy O Laughlin Esquire

Wilmer Cutler Pickering Hale & Dorr LLP 60 State Street

Boston Massachusetts 02109

mic be lle.  anda ls ra' J.wilmerha le.c   m


Page 2 of3

DADELAND DODG E, fNC. v. FCA US LLC & MIAMI AUTOMOT I VE R ETA TL, fNC.


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@flhsmv.gov.


Page 3 of3

DADELAND DODGE, INC. v. FCA US LLC & MIAMI AUTOMOTIVE RETAIL, INC.


Docket for Case No: 17-004957
Issue Date Proceedings
Jun. 28, 2018 Agency Final Order filed.
Jun. 25, 2018 Order Closing Files and Relinquishing Jurisdiction. CASE CLOSED.
Jun. 22, 2018 Notice of Dismissal with Prejudice filed.
Jun. 11, 2018 Petitioner's Notice of Taking Deposition filed.
Jun. 08, 2018 Order Closing Files and Relinquishing Jurisdiction. (DOAH Case Nos. 17-4958, 17-4963, 17-4969, and 17-4975 are severed and closed).
Jun. 07, 2018 Petitioner's Notice of Taking Deposition of Mario Murgado filed.
Jun. 07, 2018 Petitioner's Notice of Taking Deposition of Corporate Representative of Miami Automotive Retail, Inc. filed.
Jun. 05, 2018 Notice of Dismissal with Prejudice filed.
Jun. 05, 2018 Petitioners' Amended Notice of Taking Deposition Duces Tecum filed.
May 31, 2018 Petitioners' Notice of Taking Deposition Duces Tecum filed.
May 31, 2018 Order Granting Joint Motion to Establish Schedule for Expert Discovery.
May 30, 2018 Joint Motion to Establish Schedule for Expert Discovery filed.
May 09, 2018 Respondent Miami Automotive Retail, Inc.'s Responses and/or Objections to Petitioners' January 26, 2018 Request for Production filed.
Mar. 26, 2018 Petitioners' Notice of Service of Discovery Responses to Respondent, FCA US, LLC filed.
Mar. 19, 2018 Order Granting Joint Motion to Establish Deadline for Service of Discovery Responses.
Mar. 16, 2018 Joint Motion to Establish Deadline for Service of Discovery Responses filed.
Feb. 22, 2018 Respondent FCA US LLC's Notice of Service of Discovery Responses filed.
Feb. 20, 2018 Order Granting Continuance and Rescheduling Hearing (hearing set for August 13 through 17 and August 20 through 24, 2018; 9:00 a.m.; Tallahassee, FL).
Feb. 20, 2018 CASE STATUS: Motion Hearing Held.
Feb. 16, 2018 Order Accepting Qualified Representative.
Feb. 16, 2018 Order Accepting Qualified Representative.
Feb. 15, 2018 FCA US, LLC's Request for Representation by Qualified Representative - Sonia Sujanani filed.
Feb. 15, 2018 FCA US, LLC's Request for Representation by Qualified Representative - Robert D. Cultice filed.
Feb. 15, 2018 Notice of Withdrawal (of Qualified Representative) filed.
Feb. 07, 2018 Respondents' Joint Opposition to Petitioners' Motion to Reschedule Final Hearing filed.
Jan. 31, 2018 Petitioners' Motion to Reschedule Final Hearing filed.
Jan. 26, 2018 Petitioners' Request for Production Propounded to Miami Automotive Retail, Inc. filed.
Jan. 23, 2018 Petitioner's Notice of Service of First Set of Interrogatories to Respondent, FCA US, LLC filed.
Jan. 22, 2018 Petitioner's Notice of Filing First Set of Interrogatories to Respondent, FCA US, LLC filed.
Jan. 16, 2018 Amended Notice of Hearing (hearing set for April 16 through 20 and 23 through 27, 2018; 9:00 a.m.; Tallahassee, FL; amended as to Hearing dates ).
Dec. 18, 2017 Joint Status Report filed.
Nov. 16, 2017 Order Severing Cases, Closing Files, and Relinquishing Jurisdiction (filed in DOAH Case No. 17-4959).
Nov. 13, 2017 Respondent FCA US LLC's Notice of Service of Discovery to Petitioner Beacon-FL, LLC d/b/a Planet Dodge Chrysler Jeep Ram filed.
Nov. 10, 2017 Respondent FCA US LLCs Notice of Service of Discovery to Petitioner Dadeland Dodge, Inc., d/b/a Dadeland Dodge Chrysler Jeep filed.
Nov. 09, 2017 Hollywood Chrysler Plymouth, Inc. d/b/a Hollywood Chrysler Jeep's Notice of Voluntary Dismissal filed.
Nov. 09, 2017 Kendall Lakes Automotive, LLC d/b/a Kendall Dodge Chrysler Jeep Ram's Notice of Voluntary Dismissal filed.
Nov. 09, 2017 Miami Lakes AM, LLC d/b/a Miami Lakes Dodge Chrysler Jeep Ram's Notice of Voluntary Dismissal filed.
Nov. 09, 2017 Aventura CJ, LLC d/b/a Aventura Chrysler Jeep Dodge Ram's Notice of Voluntary Dismissal filed.
Nov. 08, 2017 Petitioner's First Request for Production to Respondent, FCA US, LLC filed.
Nov. 08, 2017 Petitioner's First Request for Production to Respondent, FCA US, LLC filed.
Sep. 27, 2017 Order Accepting Qualified Representative.
Sep. 27, 2017 FCA US, LLC's Request for Representation by Qualified Representative - Michelle Liszt Sandals filed.
Sep. 27, 2017 FCA US, LLC's Request for Representation by Qualified Representative - Andy O'Laughlin filed.
Sep. 27, 2017 Amended Notice of Hearing (hearing set for April 9 through 13, 16 through 20 and 23 through 27, 2018; 9:00 a.m.; Tallahassee, FL; amended as to hearing dates).
Sep. 26, 2017 Order of Pre-hearing Instructions.
Sep. 26, 2017 Notice of Hearing (hearing set for April 9 through 13, 2018; 9:00 a.m.; Tallahassee, FL).
Sep. 25, 2017 Joint Response to Initial Orders filed.
Sep. 15, 2017 Notice of Appearance (Craig Trigoboff) filed.
Sep. 14, 2017 Order Consolidating Cases and Granting Motion for Extension of Time (DOAH Case Nos. 17-4957, 17-4958, 17-4959, 17-4960, 17-4961, 17-4962, 17-4963, 17-4964, 17-4965, 17-4966, 17-4967, 17-4968, 17-4969, 17-4970, 17-4971, 17-4972, 17-4973, 17-4974, 17-4975, 17-4983, 17-4984, 17-4985).
Sep. 13, 2017 Joint Motion to Consolidate and for Extension of Time for Response to Initial Order filed.
Sep. 13, 2017 Notice of Appearance (C. Boyd) filed.
Sep. 13, 2017 Notice of Appearance (J. Bertron) filed.
Sep. 06, 2017 Initial Order.
Sep. 06, 2017 Agency action letter filed.
Sep. 06, 2017 Request for Administrative Hearing filed.
Sep. 06, 2017 Agency referral filed.

Orders for Case No: 17-004957
Issue Date Document Summary
Jun. 28, 2018 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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