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Home » Cases Under Administrative Hearing » 09-005120

09-005120 Jerry Potter vs. William Spitznagel And Department Of Environmental Protection
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, May 11, 2010.

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Date
Proceedings
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Date: 05/11/2010
Proceedings: Order Closing File. CASE CLOSED.
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Date: 05/11/2010
Proceedings: Respondent Spitznagel's Response to Petitioner's Motion to Dismiss Third Amended Petition filed.
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Date: 05/11/2010
Proceedings: Department of Environmental Protection's Response to the Petitioner's Motion to Dismiss Third Amended Petition filed.
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Date: 05/11/2010
Proceedings: Settlement Agreement filed.
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Date: 05/11/2010
Proceedings: Petitioner's Motion to Dismiss Third Amended Petition filed.
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Date: 05/06/2010
Proceedings: Witness List Disclousre of Respondent William Spitznagel filed.
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Date: 05/05/2010
Proceedings: Order (granting portion "A" of Respondent's Motion for Clarification of (Pre-hearing Conference) Order; denying portion "B" of Respondent's Motion for Clarification of (Pre-hearing Conference) Order).
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Date: 05/04/2010
Proceedings: Respondent Spitznagel's Request for an Award of Attorney's Fees filed.
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Date: 04/28/2010
Proceedings: Reply to Respondent Spitznagel's Seocnd Set of Interrogatories filed.
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Date: 04/28/2010
Proceedings: Reply to Respondent Spitznagel's Second Request for Production of Documents/ Notice to Produce Documents at Final Hearing filed.
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Date: 04/28/2010
Proceedings: Motion to Compel Discovery and Impose Sanctions filed.
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Date: 04/27/2010
Proceedings: Reply to Respondent Spitznagel's First Request for Admissions filed.
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Date: 04/23/2010
Proceedings: Notice of Taking Deposition Duces Tecum (of J. Potter) filed.
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Date: 04/23/2010
Proceedings: Respondent Spitznagel's Motion for Clarification of (Pre-Hearing Conference) Order (Filed 4/22/10) filed.
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Date: 04/22/2010
Proceedings: Respondent Spitznagel's Response to Motions to Strike New Evidence filed.
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Date: 04/22/2010
Proceedings: Order (denying Petitioner's motion to strike "as built" survey).
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Date: 04/22/2010
Proceedings: Limited Notice of Appearance (filed by H.Geissinger, III).
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Date: 04/22/2010
Proceedings: Department's Response to Petitioner's Motions to Strike New Evidence filed.
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Date: 04/22/2010
Proceedings: Order (on arguments from pre-hearing conference call held April 21, 2010).
Date: 04/21/2010
Proceedings: CASE STATUS: Pre-Hearing Conference Held.
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Date: 04/21/2010
Proceedings: Department's Response to the Petitioner's Emergency Expedited Motion to Compel Respondent Spitznagel to Allow a Surveyor and Biologist to Enter Lands and Corrected Petitioner's Emergency Expedited Motion to Compel Respondent Spitznagel to Allow a Surveyor and Biologist to Enter Lands filed.
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Date: 04/20/2010
Proceedings: Notice of Telephonic Pre-hearing Conference (set for April 21, 2010; 2:00 p.m.).
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Date: 04/19/2010
Proceedings: Petitioner's Motion to Strike Respondent's Filing New Evidence that Respondent Spitznagel Dock now Meets Exemption Requirments filed.
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Date: 04/19/2010
Proceedings: Department's Response to Order Requiring Arrangements for a Pre-hearing Conference filed.
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Date: 04/19/2010
Proceedings: Department of Environmental Protection's Witness Disclosure filed.
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Date: 04/16/2010
Proceedings: Motion to Determine Date of Petitioner's Deposition filed.
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Date: 04/16/2010
Proceedings: Petitioner's Response to Motion for Official Recognition filed.
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Date: 04/15/2010
Proceedings: Petitioner's Motion to Strike Respondent "As Built" Survey filed.
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Date: 04/15/2010
Proceedings: Petitioner's Motion for Clarification on April 5, 2010, Order filed.
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Date: 04/14/2010
Proceedings: Petitioner's Emergency Expidited Motion to Compel Respondent Spitznagel to Allow Surveyor and Biologist to enter Lands filed.
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Date: 04/14/2010
Proceedings: Statement of Relief Sought in Relation to Motion to Compel Disclosure of Respondent Spitznagel filed.
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Date: 04/14/2010
Proceedings: Corrected Petitioner's Emergency Motion to enter Lands of Respondent William Spritznagel for Survey and Biological Inspection to Challenge Survey dated January 15, 2010 filed.
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Date: 04/13/2010
Proceedings: Department of Environmental Protection's Motion for Official Recognition filed.
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Date: 04/12/2010
Proceedings: Petitioner's Request for Leave to Respond to Respondent's Motion for Protection Order to Prohibit Surveyor and Biologist to enter Lands of Respondent filed.
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Date: 04/12/2010
Proceedings: Reply to Petitioner's Third Request for Admissions filed.
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Date: 04/09/2010
Proceedings: Petitioner's Emergency Motion to enter Land's of Respondent Frank Newitt for Survey and Biological Inspection to Challenge Survey Submitted to DEP January 15, 2010 filed.
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Date: 04/09/2010
Proceedings: Reply to Petitioner's Second Request for Admissions filed.
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Date: 04/07/2010
Proceedings: Order.
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Date: 04/05/2010
Proceedings: Order (granting Respondent's request for leave to file a second set of interrogatories directed to Petitioner).
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Date: 04/02/2010
Proceedings: Department of Environmental Protection's Response to Motion for a Pre-hearing Conference filed.
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Date: 04/01/2010
Proceedings: Order.
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Date: 04/01/2010
Proceedings: Motion for Pre-hearing Conference filed.
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Date: 03/31/2010
Proceedings: Order (granting Department of Environmental Protection's request for leave to file a response to William Spitznagel's reply).
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Date: 03/30/2010
Proceedings: Objection and Motion for Protective Order Relating to Petitioner's Motion to Request to Enter Upon Lands for Biological Inspection of Shoreline Mangrove Area and Area In Close Proximity/Under the Docks and Boat Lifts filed.
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Date: 03/30/2010
Proceedings: Objection and Motion for Protective Order Relating to Petitioner's Motion to Request to Enter Upon Lands filed.
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Date: 03/23/2010
Proceedings: Petitioner's Motion to Request to Enter upon Lands filed.
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Date: 03/23/2010
Proceedings: Petitioner's Motion to Request to Enter upon Lands for Biological Inspection of Shoreline Mangrove Area and Area in Close Porximity/under the Dock and Boatlifts filed.
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Date: 03/22/2010
Proceedings: Request for Leave to File Second Set of Interrogatories and Reply to Responses of DEP and Petitioner to Motion to Dismiss Third Amended Petition Filed by Respondent Spitznagel filed.
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Date: 03/19/2010
Proceedings: Department of Environmental Protection's Request for Leave to File a Response to William Spitznagel's Reply filed.
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Date: 03/17/2010
Proceedings: Petitioner's Motion to Strike Respondent William Spitzngel's Reply to Both Petitioner and DEP's Response's (Filed by Spitanagel on March 12, 2010 filed.
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Date: 03/16/2010
Proceedings: First Request for Admissions of Respondent Spitznagel filed.
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Date: 03/16/2010
Proceedings: Notice of Propouding Second Set of Interrogatories to Petitioner by Respondent Spitznagel filed.
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Date: 03/16/2010
Proceedings: Second Request for Production of Documents/Notice to Produce Documents at Final Hearing filed.
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Date: 03/15/2010
Proceedings: Petitioner's Second Request for Admissions filed.
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Date: 03/15/2010
Proceedings: Petitioner's Third Request for Admissions filed.
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Date: 03/12/2010
Proceedings: Reply of Respondent Spitznagel to the Responses of the Department of Environmental Protection and Petitioner to the Respondent's Motion to Dismiss Third Amended Petition/Alternative Motion to Strike Portions Thereof or Enter Order in Limine filed.
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Date: 03/11/2010
Proceedings: Petitioner`s Response to Respondent William Spitznagel`s Motion (1) to Dismiss Third Amended Petition (2) Alternative Motion to Strike Portions Thereof, (3) Alternative Motion Threreof to Enter an Order in Limine filed. (Corrected Copy)
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Date: 03/09/2010
Proceedings: Petitioner's Respone to Respondent William Spitznagel's Motion (1) to Dismiss Third Amended Petition (2) Alternative Motion to Strike Portions Thereof, (3) Alternative Motion Threreof to Enter an Order in Limine filed.
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Date: 03/03/2010
Proceedings: Department of Environmental Protection's Response to William Spitznagel's Motion to Dismiss Third Amended Petition, Alternative Motion to Strike Portions Thereof, or to Enter an Order in Limine filed.
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Date: 03/01/2010
Proceedings: Petitioner's Motion for Extension of Time to Respondent's Motion filed.
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Date: 03/01/2010
Proceedings: Department of Environmental Protection's Request for an Extension of Time to Respond to William Spritznagel's Motion to Dismiss Third Amended Petition, Alternative Motion to Strike Portions Thereof, or to Enter an Order in Limine filed.
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Date: 02/22/2010
Proceedings: Motion to Dismiss Third Amended Petition / Alternative Motion to Strike Portions Thereof or to Enter an Order in Limine filed.
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Date: 02/08/2010
Proceedings: Petitioner's Third Amended Petition for Formal Adminisrtative Hearing in Compliance with Order Issued January 22, 2010 filed.
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Date: 02/05/2010
Proceedings: Petitioner's Motion for Enlargement of Time to File Third Amended Petition (One-Day) filed.
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Date: 02/03/2010
Proceedings: Order Re-scheduling Hearing (hearing set for May 20 and 21, 2010; 9:00 a.m.; Key Largo, FL).
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Date: 02/02/2010
Proceedings: Response to Order Re-scheduling Hearing filed.
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Date: 01/22/2010
Proceedings: Order (dismissing the second amended petition; Petitioner to file third amended complaint on or before February 5, 2010).
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Date: 01/22/2010
Proceedings: Petitioner's Response to Motion by Both Respondent's Concerning the Petitioner's Second Amended Petition filed.
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Date: 01/21/2010
Proceedings: Petitioner's Response to Motion to Compel Re: Witnesses, Interrogatory Answers and Documents filed.
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Date: 01/20/2010
Proceedings: Order (granting Respondent's motion to continue hearing).
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Date: 01/19/2010
Proceedings: Corrected Order (on Respondent's motion to designate method of service to Petitioner).
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Date: 01/13/2010
Proceedings: Department of Environmental Protection's Response to William Spitznagel's Motion to Dismiss Second Amended Petition, Alternative Motion to Strike Portions Thereof, and Alternative Motion for More Definite Statement filed.
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Date: 01/13/2010
Proceedings: Reply to Petitioner's First Request for Admissions filed.
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Date: 01/11/2010
Proceedings: Motion to Continue Administrative Hearing filed.
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Date: 01/07/2010
Proceedings: Exhibit A to Motion to Dismiss Second Amended Petition/Alternative Motion to Strike Portions Thereof/and Alternative Motion for More Definite Statement filed.
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Date: 01/06/2010
Proceedings: Motion to Dismiss Second Amended Petition/Alternative Motion to Strike Portions Thereof/and Alternative Motion for More Definite Statement filed.
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Date: 01/05/2010
Proceedings: Motion to Compel Disclosure of Expert Witnesses, Require Supplemental Answer to Interrogatory and Produce Documents filed.
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Date: 01/05/2010
Proceedings: Department's Response to Petitioner's Motion for Reconsideration of the Order Relinquishing Jurisdiction of DOAH Case Number 09-5122 filed.
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Date: 12/28/2009
Proceedings: Petitioner's Second Amended Petition for Formal Administrative Hearing in Compliance with Order Issued December 17, 2009 filed.
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Date: 12/28/2009
Proceedings: Order (motion is granted in part and denied in part).
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Date: 12/24/2009
Proceedings: Department's Response to Petitioner's Motion for Reconsideration of the Order Relinquishing Jurisdiction of DOAH Case Number 09-5122, filed.
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Date: 12/24/2009
Proceedings: Petitioner's Response to Respondent's Motion to Designate Method of Service filed.
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Date: 12/24/2009
Proceedings: Petitioner's Motion for Reconsideration of Order Relinquishing Jurisdiction to DEP (12/17/09) filed.
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Date: 12/21/2009
Proceedings: Department's Response to Order Relinquishing Jurisdiction of Case Number 09-5122 filed.
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Date: 12/17/2009
Proceedings: Order (Jurisdiction of Case No. 09-5122 is relinquished to the Department for entry of a final order).
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Date: 12/16/2009
Proceedings: Petitioner's Motion to Strike Respondent Spitznagel's Objection filed.
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Date: 12/15/2009
Proceedings: Motion to Designate Method of Service (filed in Case No. 09-005122).
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Date: 12/15/2009
Proceedings: Response of Respondent Spitznagel to Motion of DEP to Relinquish Jurisdiction in DOAH Case No. 09-5122 (filed in Case No. 09-005122).
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Date: 12/15/2009
Proceedings: Motion to Relinquish Jurisdiction in DOAH Case Number 09-5122 filed.
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Date: 12/14/2009
Proceedings: Petitioner's First Request for Admissions filed.
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Date: 12/08/2009
Proceedings: Motion to Dismiss Amended Petition (09-5120 & 09-5122) / Alternative Motion to Strike Portions thereof / and Alternative Motion for More Definite Statement filed.
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Date: 12/02/2009
Proceedings: Order (Petitioner is granted leave to file an amended petition by November 30, 2009).
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Date: 11/30/2009
Proceedings: Petitioner's Amended Petition for Formal Administrative Hearing in Compliance with Order Issued November 2, 2009 filed.
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Date: 11/24/2009
Proceedings: Petitioner's Notice of Filing Response to First Set of Interrogatories From Respondent's Caskinett/Spritznagel filed.
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Date: 11/24/2009
Proceedings: Petitioner's Notice of Filing Response to First Request for Production of Documents From Respondent's Caskinett/Spritznagel filed.
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Date: 11/24/2009
Proceedings: Objection of Respondent Spitznagel to Petitioner's Request for Extension of Time to File Amended Petitions (09-5120 & 5122) filed.
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Date: 11/23/2009
Proceedings: Letter to Clerk from J. Potter regarding error in pleading title of Petitioner's Motion for Extension of Time to File Amended Petition filed.
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Date: 11/23/2009
Proceedings: Petitioner's Motion for Extension of Time to File Amended Petition (four days) filed.
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Date: 11/02/2009
Proceedings: Order (motions to dismiss are granted without prejudice to file amended petitions by the close of business on Monday, November 23, 2009).
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Date: 10/23/2009
Proceedings: Objection of Respondent Spitznagel to Petitioner's Request For Extension of Time to File Response to Motions to Dismiss (09-5120 & 09-5122) filed.
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Date: 10/19/2009
Proceedings: Petitioner's Request for Extension of Time to File a Response to Respondent Spritznagel Motion to Dismiss Petition 5120/Motion to Strike Portions Thereof/ and Alternative Motion for More Definte(sic) Statement filed.
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Date: 10/19/2009
Proceedings: Petitioner's Request for Extension of Time to File a Response to Respondent Spritznagel Motion to Dismiss Petition 5122/Motion to Strike Portions Thereof/ and Alternative Motion for More Definte(sic) Statement filed.
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Date: 10/16/2009
Proceedings: Notice of Propouding First Set of Interrogatories to Petitioner by Respondent Spitznagel (in relation to 09-5122).
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Date: 10/16/2009
Proceedings: Request for Production of Documents/Notice to Produce Documents at Final Hearing (09-5122).
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Date: 10/16/2009
Proceedings: Notice of Propounding First Set of Interrogatories to Petitioner by Respondent Spitznagel (in relation to 09-5120) filed.
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Date: 10/16/2009
Proceedings: Respondent Spitznagel's Request for Production of Documents/Notice to Produce Documents at Final Hearing (09-5120) filed.
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Date: 10/06/2009
Proceedings: Motion to Dismiss Petition (09-5122) / Motion to Strike Portions thereof / and Alternative Motion for More Definite Statement (filed in Case No. 09-5122).
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Date: 10/06/2009
Proceedings: Motion to Dismiss Petition (09-5120) / Motion to Strike Portions thereof / and Alternative Motion for More Definite Statement filed.
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Date: 10/05/2009
Proceedings: Order of Pre-hearing Instructions.
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Date: 10/05/2009
Proceedings: Notice of Hearing (hearing set for January 27 and 28, 2010; 9:00 a.m.; Key Largo, FL).
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Date: 10/01/2009
Proceedings: Order of Consolidation (DOAH Case Nos. 09-5120 and 09-5122).
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Date: 09/28/2009
Proceedings: Department of Environmental Protection's Response to Initial Order filed.
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Date: 09/28/2009
Proceedings: Petitioner's Amended Unilateral Response to Initial Order filed.
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Date: 09/25/2009
Proceedings: Petitioner's Unilateral Response to Initial Order filed.
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Date: 09/18/2009
Proceedings: Initial Order.
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Date: 09/18/2009
Proceedings: Approval of Application filed.
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Date: 09/18/2009
Proceedings: Petition Requesting a Formal Administrative Hearing filed.
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Date: 09/18/2009
Proceedings: Request for Assignment of Administrative Law Judge and Notice of Preservation of Record filed.

Case Information

Judge:
DAVID M. MALONEY
Date Filed:
09/18/2009
Date Assignment:
09/18/2009
Last Docket Entry:
05/11/2010
Location:
Key Largo, Florida
District:
Southern
Agency:
Department of Environmental Protection
 

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