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NORTH MIAMI MOTORSPORTS, LLC, D/B/A NORTH MIAMI MOTORSPORTS vs STU ROSENBERG CYCLES, LLC, D/B/A STU'S MOTORCYCLES; AND ZERO MOTORCYCLES, INC., 19-005176 (2019)

Court: Division of Administrative Hearings, Florida Number: 19-005176 Visitors: 1
Petitioner: NORTH MIAMI MOTORSPORTS, LLC, D/B/A NORTH MIAMI MOTORSPORTS
Respondent: STU ROSENBERG CYCLES, LLC, D/B/A STU'S MOTORCYCLES; AND ZERO MOTORCYCLES, INC.
Judges: ROBERT L. KILBRIDE
Agency: Department of Highway Safety and Motor Vehicles
Locations: Tallahassee, Florida
Filed: Sep. 27, 2019
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, February 20, 2020.

Latest Update: Feb. 24, 2020
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STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES


NORTH MIAMI MOTORSPORTS, LLC d/b/a NORTH MIAMI MOTORSPORTS,



vs.

Petitioner,


HSMV Case No.: MS-19-867 DOAH Case No.: 19-5176

STU ROSENBERG CYCLES, LLC d/b/a STU’S MOTORCYCLES and ZERO MOTORCYCLES INC.,


Respondents.

/


FINAL ORDER


FINAL ORDER NO.:

HSMV-20-0108-FOI-MS

DEPARTMENT OF HIGHWAY SAFETY AND 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 File and Relinquishing Jurisdiction issued February 20, 2020, by the Honorable Robert L. Kilbride, Administrative Law Judge of the Division of Administrative Hearings, and the parties’ joint Stipulation of Dismissal with Prejudice filed February 20, 2020, copies of which are attached and incorporated by reference in this order.

Upon review of the Order and record in the above-styled case, and being fully advised in the premises, the Department hereby dismisses the petition. Accordingly, it is ORDERED that the case is CLOSED.

DONE AND ORDERED this 24th

Leon County, Florida.

day of February

, 2020, at Tallahassee,


FILED FLHSMV AGENCY CLERK FEB 24 2020

MS-19-867

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

Tallahassee, Florida 32399


Page 1 of 2

NORTH MIAMI MOTORSPORTS, LLC v. STU ROSENBERG CYCLES, LLC & ZERO MOTORCYCLES INC. HSMV Case No. MS-19-867

DOAH Case No. 19-5176


Filed February 24, 2020 4:45 PM Division of Administrative Hearings


COPIES FURNISHED this 24th day of February , 2020, to:


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

Neil Kirkman Building, Room A-432, MS 02 2900 Apalachee Parkway

Tallahassee, Florida 32399-0504 OGCFiling@flhsmv.gov JoeGillespie@flhsmv.gov

Stuart Rosenberg

Stu Rosenberg Cycles, LLC 21030 Torre Del Lago Street Estero, Florida 33928-6421

Nicole Lopez, Esquire Quarles & Brady LLP

300 North LaSalle Street, Suite 4000

Chicago, Illinois 60654-3422 nicole.lopez@quarles.com

Randall L. Oyler, Esquire Quarles & Brady LLP

300 North LaSalle Street, Suite 4000

Chicago, Illinois 60654-3422 randall.oyler@quarles.com

Andrew T. Lavin, Esquire Lavin Law Group, P.A.

1632 Northeast 12th Terrace

Fort Lauderdale, Florida 33305-3131 alavin@lavinlawyers.com kalbamonte@lavinlawyers.com

Ed Broyles, 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 EdBroyles@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 of rendition 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 2 of 2

NORTH MIAMI MOTORSPORTS, LLC v. STU ROSENBERG CYCLES, LLC & ZERO MOTORCYCLES INC. HSMV Case No. MS-19-867

DOAH Case No. 19-5176


Docket for Case No: 19-005176
Issue Date Proceedings
Feb. 24, 2020 Agency Final Order filed.
Feb. 20, 2020 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Feb. 20, 2020 Stipulation of Dismissal with Prejudice filed.
Oct. 24, 2019 Order Denying Request for Approval of Qualified Representative.
Oct. 22, 2019 Petitioner North Miami Motorsports, LLC d/b/a North Miami Motorsports' and Andrew T. Lavin's Request for Approval of Andrew T. Lavin as Qualified Representative filed.
Oct. 22, 2019 Notice of Appearance (Andrew Lavin) filed.
Oct. 10, 2019 Order of Pre-hearing Instructions.
Oct. 10, 2019 Notice of Hearing (hearing set for March 9 through 13, 2020; 9:00 a.m.; Tallahassee, FL).
Oct. 09, 2019 Order Accepting Qualified Representative.
Oct. 08, 2019 Zero Motorcycles, Inc.'s Second Amended Request That Randall L. Oyler Be Approved as Its Qualified Representative filed.
Oct. 08, 2019 Respondents' Joint Response to Initial Order filed.
Oct. 08, 2019 Order Denying Request for Qualified Representative.
Oct. 08, 2019 Zero Motorcycles, Inc.'s Amended Request That Randall L. Oyler Be Approved as Its Qualified Representative filed.
Oct. 08, 2019 Certificate of Service filed.
Oct. 08, 2019 Zero Motorcycles, Inc.'s Request That Randall L. Oyler Be Approved as Its Qualified Representative filed.
Oct. 08, 2019 Notice of Appearance (Nicole Lopez) filed.
Oct. 07, 2019 Notice of Appearance (Randall Oyler) filed.
Sep. 30, 2019 Initial Order.
Sep. 27, 2019 Agency action letter filed.
Sep. 27, 2019 Request for Administrative Hearing filed.
Sep. 27, 2019 Agency referral filed.

Orders for Case No: 19-005176
Issue Date Document Summary
Feb. 24, 2020 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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