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Home » Cases Under Administrative Hearing » 05-004189PL

05-004189PL John L Winn, As Commissioner Of Education vs. David Menke
 Status: Closed
Recommended Order on Monday, August 13, 2007.

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Summary: Respondent`s inappropriate communications with female students justified his termination of employment and the revocation of his certificate.
  • Document: Recommended Order
  • Issued: 08/13/2007
  • Summary: Respondent`s inappropriate communications with female students justified his termination of employment and the revocation of his certificate.
Dockets
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Date
Proceedings
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Date: 12/20/2007
Proceedings: (Second) Final Order filed.
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Date: 12/17/2007
Proceedings: Final Order filed.
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Date: 12/14/2007
Proceedings: Agency Final Order
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Date: 12/07/2007
Proceedings: Second Agency FO
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Date: 08/13/2007
Proceedings: Recommended Order
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Date: 08/13/2007
Proceedings: Recommended Order (hearing held October 30 and 31, 2006). CASE CLOSED.
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Date: 08/13/2007
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
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Date: 08/13/2007
Proceedings: Order Denying Motion to Strike.
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Date: 07/19/2007
Proceedings: Respondent`s Response to Petitioner Broward County School Board`s Motion to Strike filed.
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Date: 07/16/2007
Proceedings: Petitioner Broward County School Board`s Motion To Strike filed.
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Date: 07/09/2007
Proceedings: Respondent`s Corrected Renewal of Objections and Notice of Intent Not to File Proposed Recommended Order filed.
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Date: 07/06/2007
Proceedings: Respondent`s Renewal of Objections and Notice of Intent not to File Proposed Recommended Order filed.
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Date: 07/06/2007
Proceedings: Proposed Recommended Order of Petitioner, Broward County School Board filed.
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Date: 07/06/2007
Proceedings: Petitioner`s John L. Winn, as Commissioner of Education, Proposed Recommended Order filed.
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Date: 06/28/2007
Proceedings: Order Denying Motion to Dismiss and Extending Deadlines.
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Date: 06/27/2007
Proceedings: Broward County School Board`s Response in Opposition to Respondent`s Motion to Dismiss on the Basis of Mootness and Incorporated Motion for Extension of Time filed.
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Date: 06/26/2007
Proceedings: Motion to Dismiss on the Basis of Mootness and Incorporated Motion for Extension of Time to File Proposed Recommended Order if Motion is Denied filed.
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Date: 06/18/2007
Proceedings: Deposition of (M. Winston) filed.
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Date: 06/18/2007
Proceedings: Deposition of (A. Winston) filed.
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Date: 06/18/2007
Proceedings: Notice of Filing .
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Date: 06/13/2007
Proceedings: Letter to C. Whitelock from Judge Arrington regarding filing proposed recommended orders.
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Date: 06/12/2007
Proceedings: Letter to Judge Arrington from C. Whitelock requesting extension of time to submit proposed recommended order filed.
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Date: 05/08/2007
Proceedings: Order Clarifying Use of Discovery Depositions, Denying Certain Objections, and Setting Deadline for Filing Proposed Recommended Orders.
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Date: 04/23/2007
Proceedings: Petitioner`s, John L. Winn`s, Notice of Adoption filed.
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Date: 04/20/2007
Proceedings: Letter to parties of record from Judge Arrington regarding deadline for filing proposed recommended orders.
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Date: 04/17/2007
Proceedings: Petitioner, Broward County School Board`s Response to Respondent`s Motion to Clarify Orders Concerning Farah, Hutchinson, Mosquera, and Winston Depositions filed.
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Date: 04/13/2007
Proceedings: Order on Page and Line Objections to Deposition of Christie Farah Taken on November 15, 2006.
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Date: 04/13/2007
Proceedings: Order on Page and Line Objections to Deposition of Sarah Winston Taken on October 19, 2006.
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Date: 04/13/2007
Proceedings: Order on Page and Line Objections to Deposition of Juliana Mosquera Taken on October 19, 2006.
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Date: 04/13/2007
Proceedings: Order on Page and Line Objections to the Deposition of David Menke Taken on March 22, 2006.
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Date: 04/13/2007
Proceedings: Order on Page and Line Objections to Deposition of Carrie Davis.
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Date: 04/13/2007
Proceedings: Order on Page and Line Objections to Deposition of Gregory Hutchinson Taken on August 25, 2006.
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Date: 04/13/2007
Proceedings: Order on Page and Line Objections to Deposition of Gail Menke.
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Date: 04/11/2007
Proceedings: Petitioners` Joint Exhibit List filed.
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Date: 04/09/2007
Proceedings: Letter to K. Amlong from M. Nullman enclosing deposition transcript of Gail Menke filed.
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Date: 04/06/2007
Proceedings: Videotaped Deposition of Christie Farah filed.
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Date: 04/06/2007
Proceedings: Deposition of Christie Farah filed.
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Date: 04/06/2007
Proceedings: Letter to Judge Arrington from M. Emanuele regarding discovery depositions filed.
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Date: 04/06/2007
Proceedings: Petitioner`s Joint Exhibit List filed.
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Date: 04/06/2007
Proceedings: Exhibits to Videotaped Deposition of Christie Farah taken on 11-15-06 filed (exhibits not available for viewing).
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Date: 04/06/2007
Proceedings: Notice of Filing Deposition Transcripts filed.
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Date: 04/05/2007
Proceedings: Motion to Clarify Orders Concerning Farah, Hutchinson, Mosquera, and Winston Depositions filed.
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Date: 03/29/2007
Proceedings: Order Reserving Ruling on Objections to Winston Deposition Taken 12-28-04 and Requiring Response from Petitioners.
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Date: 03/29/2007
Proceedings: Order Reserving Ruling on Objections to Mosquera Deposition Taken 1-3-05 and Requiring Response from Petitioners.
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Date: 03/29/2007
Proceedings: Order Reserving Ruling on Objections to Farah Deposition Taken 12-29-04 and Requiring Response from Petitioners.
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Date: 03/29/2007
Proceedings: Order Reserving Ruling on Objections to Hutchinson Deposition Taken 2-24-05 and Requiring Response from Petitioners.
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Date: 03/27/2007
Proceedings: Letter to parties of record from Judge Arrington regarding filing Petitioners written transcript of the deposition.
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Date: 02/27/2007
Proceedings: Joint Response to Page and Line Objections Submitted by Respondent to Deposition of David Menke Taken on March 22, 2006 filed.
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Date: 02/27/2007
Proceedings: Joint Response to Respondent, Menke`s Page and Line Objections to the Deposition of Carrie Davis, Taken on August 9, 2005 filed.
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Date: 02/27/2007
Proceedings: Joint Response to Page and Line Objections Submitted by Respondent to Deposition of Gregory Hutchinson Taken on August 25, 2006 filed.
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Date: 02/27/2007
Proceedings: Joint Response to Page and Line Objections Submitted by Respondent to Deposition of Christie Farah Taken on November 15, 2006 filed.
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Date: 02/27/2007
Proceedings: Joint Response to Page and Line Objections Submitted by Respondent to Deposition of Gail Menke Taken on February 11, 2005 filed.
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Date: 02/27/2007
Proceedings: Joint Response to Page and Line Objections Submitted by Resondent to Deposition of Juliana Mosquera Taken on October 19, 2006 filed.
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Date: 02/27/2007
Proceedings: Petitioners Joint Response to Page and Line Objections Submitted by Respondent to Deposition of Sarah Winston Taken on October 19, 2006 filed.
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Date: 02/16/2007
Proceedings: Order Granting Petitioner Broward County School Board`s Motion for Enlargement of Time.
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Date: 02/15/2007
Proceedings: Petitioner Broward County School Board`s Motion for Enlargement of Time to File Responses to Respondent`s Page and Line Objections filed.
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Date: 01/30/2007
Proceedings: Order Granting Petitioner Broward County School Board`s Motion for Enlargement of Time.
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Date: 01/26/2007
Proceedings: Petitioner Broward County School Board`s Motion For Enlargement of Time to File Responses to Respondent`s Page and Line Objections filed.
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Date: 01/02/2007
Proceedings: Letter to Judge Arrington from K. Amlong regarding Respondent`s non-objection to the time frame proposed by the school board filed.
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Date: 01/02/2007
Proceedings: Letter to parties of record from Judge Arrington responding to Mr. Emanuele`s letter dated December 29, 2006.
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Date: 12/29/2006
Proceedings: Letter to Judge Arrington from M. Emanuele response to order date November 30, 2006 filed.
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Date: 12/20/2006
Proceedings: Respondent`s Notice of Filing Page and Line Objections to Deposition of Christie Farah November 15, 2006 filed.
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Date: 12/20/2006
Proceedings: Respondent`s Notice of Filing Page and Line Objections to Deposition of Christie Farah Taken November 15, 2006 filed.
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Date: 12/20/2006
Proceedings: Respondent`s Notice of Filing Page and Line Objections to Deposition of Christie Farah taken December 29, 2004 filed.
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Date: 12/20/2006
Proceedings: Respondent`s Notice of Filing Page and Line Objections to Deposition of Gregory Hutchinson taken August 25, 2006 filed.
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Date: 12/20/2006
Proceedings: Respondent`s Page and Line Objections to Deposition of Carrie Davis, as Records Custodian of AOL, taken August 9, 2005 filed.
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Date: 12/20/2006
Proceedings: Respondent`s Page and Line Objections to Transcript of Deposition of Gail Menke Offered into Evidence at Formal Hearing on October 30 and 31, 2006 filed.
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Date: 12/20/2006
Proceedings: Respondent`s Notice of Filing Page and Line Objections to Deposition of Juliana Mosquera taken January 3, 2005 (Previously Mistakenly Filed as Respondent`s Notice of Filing Page and Line Objections to Deposition of David Menke taken March 22, 2006) filed.
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Date: 12/20/2006
Proceedings: Respondent`s Notice of Filing Page and Line Objections to Deposition of Sarah Winston taken October 19, 2006 filed.
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Date: 12/20/2006
Proceedings: Respondent`s Notice of Filing Page and Line Objections to Deposition of Sarah Winston taken December 28, 2004 filed.
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Date: 12/20/2006
Proceedings: Respondent`s Notice of Filing Page and Line Objections to Deposition of Samantha Stransky taken December 28, 2004 filed.
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Date: 12/20/2006
Proceedings: Respondent`s Notice of Filing Page and Line Objections to Deposition of Juliana Mosquera taken October 19, 2006 filed.
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Date: 12/20/2006
Proceedings: Respondent`s Notice of Filing Page and Line Objections to Deposition of David Menke taken March 22, 2006 filed.
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Date: 12/20/2006
Proceedings: Respondent`s Notice of Filing Page and Line Objections to Deposition of Gregory Hutchinson taken February 4, 2005 filed.
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Date: 12/20/2006
Proceedings: Respondent`s Notice of Filing Page and Line Objections to Deposition of David Menke taken March 22, 2006 filed.
Date: 12/07/2006
Proceedings: Disc and Videotaped Deposition (of C. Farah) (not available for viewing) filed.
Date: 12/06/2006
Proceedings: Transcript (Volumes 1 through 3) filed.
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Date: 11/30/2006
Proceedings: Order Granting Renewed Motion to Enlarge Time and Setting Deadline (Respondent`s motion to enlarge the time for the filing of page and line objections is extended to close of business on December 20, 2006).
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Date: 11/17/2006
Proceedings: Petitioners` Joint Response to Respondent, Davis Menke`s, Renewed Motion to Enlarge Time to Submit Page and Line Objections and to Combine with Proposed Order filed.
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Date: 11/17/2006
Proceedings: Notice of Filing Exhibit A to Respondent`s Renewed Motion to Enlarge Time to Submit Page and Line Objections and to Combine with Proposed Order filed.
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Date: 11/16/2006
Proceedings: Respondent`s Renewed Motion to Enlarge Time to Submit Page and Line Objections and to Combine with Proposed Order filed.
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Date: 11/16/2006
Proceedings: Letter to Judge Arrington from C. Whitelock advising the depositions have been continued till November 28, 2006 filed.
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Date: 11/06/2006
Proceedings: Order Granting Respondent`s Motion to Enlarge Time to Submit Page and Line Objections (page and line objections to Petitioner`s depositions are due on or before November 17, 2006).
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Date: 11/03/2006
Proceedings: Respondent`s Motion to Enlarge Time to Submit Page and Line Objections filed.
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Date: 10/31/2006
Proceedings: Notice of Filing Deposition Transcript (G. Menke).
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Date: 10/31/2006
Proceedings: Notice of Filing Deposition Transcript (February 11, 2006).
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Date: 10/31/2006
Proceedings: Notice of Filing Deposition Transcript (March 22, 2006) .
Date: 10/30/2006
Proceedings: CASE STATUS: Hearing Held.
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Date: 10/30/2006
Proceedings: Notice of Filing Deposition Transcripts.
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Date: 10/30/2006
Proceedings: Notice of Filing Respondent`s Amended Objections to Petitioners` Exhibits filed.
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Date: 10/30/2006
Proceedings: Respondent`s Motion to Strike Untimely Disclosed Witnesses filed.
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Date: 10/30/2006
Proceedings: Respondent`s Motion in Limine filed.
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Date: 10/26/2006
Proceedings: Joint Pretrial Stipulation filed.
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Date: 10/25/2006
Proceedings: Petitioner, Broward County School Board`s Motion to Authorize Appearance of Witness (Farah) Telephonically or by any Other Means Deemed Appropriate by the Court filed.
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Date: 10/25/2006
Proceedings: Agency`s court reporter confirmation letter filed with the Judge.
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Date: 10/23/2006
Proceedings: Petitioner, Broward County School Board`s Motion for Enlargement of Time of Five (5) days to File Joint Prehearing Stipulation and Two (2) days to File Unilateral Prehearing Stipulations filed.
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Date: 10/20/2006
Proceedings: Respondent`s Response to Petitioner John L. Winn`s, Motion to Perpetuate Testimony for Final Hearing filed.
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Date: 10/20/2006
Proceedings: Response to Petitioner, Broward County School Board`s Emergency Motion to Authorize Video-deposition of Witness (Stransky) Outside the Presence of Respondent, David H. Menke filed.
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Date: 10/19/2006
Proceedings: Petitioner, Broward County School Board`s Emergency Motion to Authorize Video Deposition of Witness (Stransky) Outside the Presence of Respondent David H. Menke filed.
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Date: 10/19/2006
Proceedings: Petitioner, John L. Winn`s, Motion to Perpetuate Testimony for Final Hearing filed.
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Date: 10/19/2006
Proceedings: Letter to Judge Arrington from C. Whitelock requesting a telephone hearing on the Motion to Perpetuate Testimony for Final Hearing filed.
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Date: 10/09/2006
Proceedings: Notice of Telephonic Hearing (set for October 13, 2006; 8:45 a.m.) filed.
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Date: 09/22/2006
Proceedings: Petitioner, Broward County School Board`s Motion to Authorize Telephonic Appearance of Witness (Winston) filed.
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Date: 08/25/2006
Proceedings: Amended Notice of Hearing (hearing set for October 30, October 31, 2, and 3, 2006; 9:00 a.m.; Fort Lauderdale, FL; amended as to dates/days of hearing).
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Date: 08/23/2006
Proceedings: Notice of Telephonic Hearing filed (set for August 25, 2006; 9:00a.m.).
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Date: 08/17/2006
Proceedings: Petitioner, Broward County School Board`s Notice of Mootness as to Respondent, David Menke`s Emergency Motion for Protective Order Regarding the Taking of a Second Deposition of Gregory Hutchinson filed.
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Date: 08/17/2006
Proceedings: Amended Notice of Taking Deposition filed.
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Date: 08/16/2006
Proceedings: Response to Respondent, David Menke`s Emergency Motion for Protective Order Regarding the Taking of a Second Deposition of Gregory Hutchinson filed.
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Date: 08/16/2006
Proceedings: Petitioner, Broward County School Board`s Objection to Respondent`s Response on behalf of all Parties Regarding New Hearing Dates filed.
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Date: 08/16/2006
Proceedings: Order Re-scheduling Hearing (hearing set for October 31 through November 2, 2006; 9:00 a.m.; Fort Lauderdale, FL).
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Date: 08/15/2006
Proceedings: Respondent`s Emergency Motion for Protective Order Regarding the Taking of a Second Deposition of Gregory Hutchinson filed.
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Date: 08/15/2006
Proceedings: Response on Behalf of All Parties Regarding New Hearing Dates filed.
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Date: 08/14/2006
Proceedings: Order on Respondent`s Emergency Motion (Order Granting Motion for Continuance is confirmed).
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Date: 08/14/2006
Proceedings: Response to Respondent, David Menke`s Emergency Motion for Rehearing of Order Granting Motion for Continuance of Final Hearing filed.
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Date: 08/11/2006
Proceedings: Respondent`s Emergency Motion for Rehearing of Order Granting Motion for Continuance of Final Hearing filed.
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Date: 08/11/2006
Proceedings: RESPONDENT's EMERGENCY MOTION FOR REHEARING OF ORDER GRANTING MOTION FOR filed.
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Date: 08/11/2006
Proceedings: Respondent`s Emergency Motion for Rehearing of Order Granting Motion for Continuance of Final Hearing filed.
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Date: 08/11/2006
Proceedings: Respondent`s Response to Motion for Continuance of Final Hearing filed.
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Date: 08/09/2006
Proceedings: Order Granting Motion to Continue and Notice of Telephone Hearing (telephone hearing set for August 15, 2006; 9:00 a.m.).
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Date: 08/08/2006
Proceedings: Amended Certificate of Service filed.
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Date: 08/08/2006
Proceedings: Re-notice of Taking Deposition and Schedule A filed.
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Date: 07/31/2006
Proceedings: Motion for Continuance of Final Hearing filed.
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Date: 06/15/2006
Proceedings: Order Denying Motion to Compel Attendance of Counsel.
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Date: 06/14/2006
Proceedings: Respondent`s Response to Petitioner`s Amended Motion to Compel Attendance of Respondent`s Counsel at Deposition filed.
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Date: 06/12/2006
Proceedings: Subpoena ad Testificandum (5) filed.
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Date: 06/09/2006
Proceedings: Petitioner`s Amended Emergency Motion to Compel Attendance of Respondent`s Counsel at Deposition filed.
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Date: 06/09/2006
Proceedings: Petitioner`s Motion to Compel Attendance of Respondent`s Counsel at Deposition filed.
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Date: 06/08/2006
Proceedings: Notice of Taking Deposition filed.
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Date: 04/24/2006
Proceedings: Order Re-scheduling Hearing (hearing set for August 22 through 24, 2006; 9:00 a.m.; Fort Lauderdale, FL).
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Date: 04/24/2006
Proceedings: Respondent's Notice of Non-objection to Petitioner, Broward County School Board's Motion to Reset Final Hearing Date filed.
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Date: 04/21/2006
Proceedings: Petitioner, Broward County School Board`s Motion to Re-set Final Hearing Date filed.
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Date: 04/17/2006
Proceedings: Petitioner, Broward County School Board`s Notice of Availability filed.
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Date: 04/14/2006
Proceedings: Order Granting Continuance and Re-scheduling Hearing (hearing set for August 15 through 17, 2006; 9:00 a.m.; Fort Lauderdale, FL).
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Date: 04/10/2006
Proceedings: Motion for Continuance/Motion to Sever filed.
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Date: 04/05/2006
Proceedings: Respondent`s Notice of Availability for Final Hearing filed.
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Date: 03/21/2006
Proceedings: Notice of Service of Petitioner`s Response to Respondent`s First Request for Production filed.
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Date: 03/21/2006
Proceedings: Notice of Service of Petitioner`s Response to Respondent`s First Set of Interrogatories filed.
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Date: 03/16/2006
Proceedings: Notice of Telephonic Motion Hearing (Motion hearing set for March 22, 2006; 1:00 p.m.).
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Date: 03/13/2006
Proceedings: Respondent`s Motion to Compel Discovery filed.
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Date: 02/10/2006
Proceedings: Order of Pre-hearing Instructions.
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Date: 02/10/2006
Proceedings: Notice of Hearing (hearing set for May 1 through 3, 2006; 9:00 a.m.; Fort Lauderdale, FL).
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Date: 01/26/2006
Proceedings: Order Granting Motion to Consolidate (case nos. 04-3835 and 05-4189PL) , Denying Motion to Stay, and Requiring Response (on or before February 3, 2006, counsel for all parties shall confer and shall advise the undersigned in writing of the estimated length of time needed for hearing).
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Date: 01/25/2006
Proceedings: Motion for Protective Order filed.
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Date: 01/18/2006
Proceedings: Petitioner`s Response to Respondent`s Motion to Stay and Petitioner`s Motion to Consolidate (Case No. 04-3835PL) filed.
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Date: 01/11/2006
Proceedings: Respondent`s Motion to Stay filed.
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Date: 01/05/2006
Proceedings: Motion to Enlarge Time to Respond to Outstanding Discovery until Disposition of Respondent`s Motion to Stay filed.
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Date: 01/05/2006
Proceedings: Respondent, David Menke`s Objections to Petitioner`s Request for Production filed.
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Date: 01/05/2006
Proceedings: Respondent, David Menke`s Objections to Petitioner`s Interrogatories filed.
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Date: 01/05/2006
Proceedings: Respondent, David Menke`s Objections to the Requests for Admissions filed.
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Date: 12/26/2005
Proceedings: Respondent`s First Request for Production filed.
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Date: 12/26/2005
Proceedings: Respondent`s Notice of Serving Initial Interrogatories filed.
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Date: 12/08/2005
Proceedings: Notice of Service of Petitioner`s Request for Admissions to Respondent filed.
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Date: 12/08/2005
Proceedings: Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed.
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Date: 12/08/2005
Proceedings: Notice of Service of Petitioner`s Request for Production to Respondent filed.
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Date: 12/01/2005
Proceedings: Respondent`s Response to Initial Order filed.
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Date: 11/29/2005
Proceedings: Order of Pre-hearing Instructions.
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Date: 11/29/2005
Proceedings: Notice of Hearing (hearing set for February 14 and 15, 2006; 9:30 a.m.; Fort Lauderdale, FL).
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Date: 11/17/2005
Proceedings: Notice of Appearance (filed by K. Amlong).
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Date: 11/17/2005
Proceedings: Election of Rights filed.
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Date: 11/17/2005
Proceedings: Administrative Complaint filed.
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Date: 11/17/2005
Proceedings: Finding of Probable Cause filed.
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Date: 11/17/2005
Proceedings: Notice of Appearance, Requesting a Hearing filed.
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Date: 11/17/2005
Proceedings: Letter to D. Menke from J. Rittenhouse reference to forwarding case to DOAH filed.
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Date: 11/17/2005
Proceedings: Agency referral filed.
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Date: 11/17/2005
Proceedings: Initial Order.

Case Information

Judge:
CLAUDE B. ARRINGTON
Date Filed:
11/17/2005
Date Assignment:
01/26/2006
Last Docket Entry:
12/20/2007
Location:
Fort Lauderdale, Florida
District:
Southern
Agency:
ADOPTED IN TOTO
Suffix:
PL
 

Counsels