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DEPARTMENT OF ENVIRONMENTAL PROTECTION vs TD DEL RIO, LLC, 18-004555EF (2018)

Court: Division of Administrative Hearings, Florida Number: 18-004555EF Visitors: 23
Petitioner: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Respondent: TD DEL RIO, LLC
Judges: D. R. ALEXANDER
Agency: Department of Environmental Protection
Locations: Sarasota, Florida
Filed: Aug. 30, 2018
Status: Closed
Recommended Order on Wednesday, July 24, 2019.

Latest Update: Oct. 18, 2019
Summary: The issue is whether Respondent, TD Del Rio, LLC, should pay for investigative costs and expenses and undertake corrective actions that are demanded by the Department of Environmental Protection (Department), as set forth in the Amended Notice of Violation and Orders for Corrective Action (Amended NOV).Department proved that Respondent was responsible for cleanup of a contaminated site and should take corrective action.
SOGC-Doug-P19101814190

Docket for Case No: 18-004555EF
Issue Date Proceedings
Oct. 18, 2019 Agency Final Order filed.
Jul. 24, 2019 Recommended Order (hearing held May 29, 2019). CASE CLOSED.
Jul. 24, 2019 Recommended Order cover letter identifying the hearing record referred to the Agency.
Jul. 10, 2019 (Respondent`s) Proposed Recommended Order filed.
Jul. 01, 2019 State of Florida Department of Environmental Protection?s Proposed Recommended Order filed.
Jun. 17, 2019 Order Granting Motion.
Jun. 12, 2019 Motion for Extension of Time to File Proposed Recommended Order filed.
Jun. 06, 2019 Notice of Filing Transcript.
Jun. 06, 2019 Transcript of Proceedings (not available for viewing) filed.
May 29, 2019 CASE STATUS: Hearing Held.
May 23, 2019 Amended Joint Pre-Hearing Stipulation filed.
May 21, 2019 Joint Pre-Hearing Stipulation filed.
May 14, 2019 Exhibit A Part 12 filed by Petitioner.
May 14, 2019 Exhibit A Part 11 filed by Petitioner.
May 14, 2019 Exhibit A Part 10 filed by Petitioner.
May 14, 2019 Exhibit A Part 9 filed by Petitioner.
May 14, 2019 Exhibit A Part 8 filed by Petitioner.
May 14, 2019 Exhibit A Part 7 filed by Petitioner.
May 14, 2019 Exhibit A Part 6 filed by Petitioner.
May 14, 2019 Exhibit A Part 5 filed by Petitioner.
May 14, 2019 Exhibit A Part 4 filed by Petitioner.
May 14, 2019 Exhibit A Part 3 filed by Petitioner.
May 14, 2019 Exhibit A Part 2 filed by Petitioner.
May 14, 2019 Exhibit A Part 1 filed by Petitioner.
May 14, 2019 Plaintiff's Notice of Intent to Offer Business Records into Evidence Through Certification or Declaration filed.
May 08, 2019 Respondent State of Florida Department of Environmental Protection's Notice of Taking Depositions filed.
May 02, 2019 Order Designating Location of Final Hearing (hearing set for May 29 through 31, 2019; 9:30 a.m.; Sarasota, FL; amended as to location).
Apr. 29, 2019 Order Granting Motion in Limine.
Apr. 17, 2019 Respondent's Notice of Production from Non-Party filed.
Apr. 17, 2019 Respondent's Request for Copies filed.
Apr. 10, 2019 Respondent, David Lynn Dearing's Motion in Limine to Exclude Savannah Laboratories & Environmental Services, Inc. Report dated June 18, 1996 filed.
Feb. 15, 2019 Third Notice of Hearing (hearing set for May 29 through 31, 2019; 9:30 a.m.; Tampa, FL).
Feb. 13, 2019 Joint Notice of Dates Available for Final Hearing filed.
Feb. 07, 2019 Order Granting Joint Motion for Continuance (parties to advise status by February 18, 2019).
Feb. 07, 2019 Joint Motion for Continuance filed.
Feb. 06, 2019 Notice of Intent to Serve Subpoena Duces Tecum for Production on a Non-party filed.
Feb. 04, 2019 Order Denying Request for a Continuance.
Feb. 01, 2019 Letter from TD McRae Regarding Request to Reschedule Hearing filed.
Jan. 28, 2019 Amended Second Notice of Hearing (hearing set for March 20 and 21, 2019; 9:30 a.m.; Tampa, FL; amended as to location).
Jan. 25, 2019 Department of Environmental Protection's Notice of Taking Deposition (David Lynn Dearing) filed.
Jan. 04, 2019 State of Florida Department of Environmental Protection's Notice of Serving Response to David Lynn Dearing's Second Set of Interrogatories to Petitioner filed.
Dec. 14, 2018 State of Florida Department of Environmental Protection's Notice of Serving Responses to David Lynn Dearing?s Expert Interrogatories to Petitioner filed.
Dec. 06, 2018 Notice of Deposition (of Robinson, Boatwright, and Sego) filed.
Dec. 06, 2018 Second Notice of Hearing (hearing set for March 20 and 21, 2019; 9:30 a.m.; Tampa, FL).
Dec. 04, 2018 Order Granting Continuance (The matter will be scheduled to a later date by separate notice of hearing).
Nov. 30, 2018 Notice of Unavailability filed.
Nov. 30, 2018 Respondent, David Lynn Dearing's, Notice of Serving Second Interrogatories to Petitioner filed.
Nov. 30, 2018 Respondent, David Lynn Dearing's, Second Request for Production to Petitioner filed.
Nov. 29, 2018 Joint Motion for Continuance filed.
Nov. 28, 2018 Notice of Cancellation of Deposition (David Lynn Dearing) filed.
Nov. 28, 2018 Notice of Cancellation of Deposition (John Sego, Veronica Robinson) filed.
Nov. 20, 2018 Notice of Deposition filed.
Nov. 13, 2018 Department of Environmental Protection's Notice of Taking Deposition (David Lynn Dearing) filed.
Nov. 13, 2018 Respondent David Lynn Dearing, Inc.'s Response to Plaintiffs' Request for Admissions filed.
Nov. 13, 2018 Respondent, David Lynn Dearing's, Notice of Serving Expert Interrogatories to Petitioner filed.
Nov. 13, 2018 Petitioner, Department of Environmental Protection's First Request for Admissions to Respondent, David Lynn Dearing filed.
Nov. 13, 2018 Respondent, David Lynn Dearing's, Responses to Petitioner's Request for Production filed.
Nov. 09, 2018 Department of Environmental Protection's Notice of Taking Deposition Duces Tecum (Robert Stephens) filed.
Nov. 09, 2018 Respondent, David Lynn Dearing's, Notice of Serving Expert Interrogatories to Petitioner filed.
Nov. 09, 2018 Respondent, David Lynn Dearing's, Expert Request for Production to Petitioner filed.
Oct. 18, 2018 Department of Environmental Protection's Notice of Serving First Set of Interrogatories to Respondent TD Del Rio, LLC filed.
Sep. 27, 2018 Department of Environmental Protection's Notice of Serving First Set of Interrogatories to David Lynn Dearing filed.
Sep. 26, 2018 Petitioner, Department of Environmental Protection's First Request for Admissions to Respondent, David Lynn Dearing filed.
Sep. 07, 2018 Order of Pre-hearing Instructions.
Sep. 07, 2018 Notice of Hearing (hearing set for December 17, 2018; 9:30 a.m.; Tampa, FL).
Sep. 06, 2018 Joint Response to Initial Order filed.
Sep. 04, 2018 Initial Order.
Aug. 30, 2018 Amended Notice of Violation and Orders for Corrective Action filed.
Aug. 30, 2018 Petition for Formal Administrative Hearing filed.
Aug. 30, 2018 Request for Assignment of Administrative Law Judge and Notice of Preservation of Record filed.

Orders for Case No: 18-004555EF
Issue Date Document Summary
Oct. 18, 2019 Agency Final Order
Jul. 24, 2019 Recommended Order Department proved that Respondent was responsible for cleanup of a contaminated site and should take corrective action.
Source:  Florida - Division of Administrative Hearings

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