09-006342
Avalon&Apos;S Assisted Living Iii, Llc vs.
Agency For Health Care Administration
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, October 9, 2013.
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, October 9, 2013.
1STATE OF FLORIDA A 14C A
7AGENCY FOR HEALTH CARE ADMINISTRATION AG ICY CLERK
15AVALON' S ASSISTED LIVING III, LLC, 1013 N011 12 A D 38
27Petitioner, DOAH CASE NO. 09- 6342
33AHCA NO. 2009010570
36V.
37STATE OF FLORIDA, AGENCY FOR
42HEALTH CARE ADMINISTRATION,
45Respondent.
46AMENDED FINAL ORDER
49This cause was referred to the Division of Administrative Hearings where the assigned
62Administrative Law Judge ( ALJ), J. Lawrence Johnston entered a Recommended Order of
75Dismissal after the Petitioner failed to comply with the ALJ' s orders concerning discovery. The
90Recommended Order of Dismissal dated October 9, 2013, is attached to this Final Order and
105incorporated herein by reference.
109FINDINGS OF FACT
112The Agency adopts the findings of fact set forth in the Recommended Order of
126Dismissal.
127CONCLUSIONS OF LAW
130The Agency adopts the conclusions of law set forth in the Recommended Order of
144Dismissal.
145ORDER
146Based upon the foregoing, the Petitioner' s Petition for Formal Administrative Proceeding
158is hereby dismissed with prejudice and the Agency' s July 1, 2013 Amended Notice of Intent to
175Deny is hereby upheld. The parties shall govern themselves accordingly.
1857
186DONE and ORDERED this day o 2013, in Tallahassee,
195Florida.
196T i - 1
200ELIZABET DUDEK, SECRE ARY
204AGENCY R HEALTH CARE ADMINISTRATION
209NOTICE OF RIGHT TO JUDICIAL REVIEW
215A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO
228JUDICIAL REVIEW, WHICH SHALL BE INSTITUTED BY FILING THE ORIGINAL
238NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A COPY, ALONG
251WITH THE FILING FEE PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF
263APPEAL IN THE APPELLATE DISTRICT WHERE THE AGENCY MAINTAINS ITS
273HEADQUARTERS OR WHERE A PARTY RESIDES. REVIEW PROCEEDINGS SHALL
282BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE RULES. THE
292NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF THE RENDITION OF THE
306ORDER TO BE REVIEWED.
310CERTIFICATE OF SERVICE
313I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been
329furnished by U. S. or interoffice mail to the persons named below on this CZ day of
3462013.
347RICHARD J. SHOOP, Agency Clerk
352Agency for Health Care Administration
3572727 Mahan Drive, MS # 3
363Tallahassee, FL 32308
366850) 412- 3630
369COPIES FURNISHED TO:
372Honorable J. Lawrence Johnston
376Administrative Law Judge
379Division of Administrative Hearings
383The DeSoto Building
3861230 Apalachee Parkway
389Tallahassee, Florida 32399- 3060
393John E. Terrel, Esquire
397Law Office of John E. Terre]
4031700 North Monroe Street, Suite 11- 116
410Tallahassee, Florida 32303
413Richard Joseph Saliba, Esquire
417Assistant General Counsel
420Thomas J. Walsh Il, Esquire
425Assistant General Counsel
428Shaddrick A. Haston, Unit Manager
433Assisted Living Unit
436Jan Mills
438Facilities Intake Unit
- Date
- Proceedings
- PDF:
- Date: 10/10/2013
- Proceedings: Request for Official Recognition of Affidavit Filed by John Terrel Acknowledging that a Fee of Two Hundred and Fifty Dollars Per Hour is a Reasonable and Appropriate Fee filed.
- PDF:
- Date: 10/10/2013
- Proceedings: Agency Motion for Award of Attorneys' Fees Upon Basis of Avalon III's Participation in the Proceeding for Improper Purpose and Renewed Motion for Attorneys' Fees Pursuant to Section 57.105, Fla. Stat. Authorizing Award of Fees in Administrative Proceedings filed. (DOAH CASE NO. 13-3893F ESTABLISHED)
- PDF:
- Date: 10/07/2013
- Proceedings: Agency Response to the Notice Filed by Petitioner in Response to the Order on Motions to Dismiss filed.
- PDF:
- Date: 10/04/2013
- Proceedings: Avalon III's Notice in Response to Order on Motions to Dismiss filed.
- PDF:
- Date: 10/02/2013
- Proceedings: Agency Reply to Motion for Clarification of Order on Motion to Dismiss Filed by Petitioner filed.
- PDF:
- Date: 10/01/2013
- Proceedings: Avalon III's Motion for Clarification of Order on Motions to Dismiss filed.
- PDF:
- Date: 09/23/2013
- Proceedings: Avalon III's Response to AHCA's Motion to Dismiss Based on Claim of Fifth Amendment Privilege filed.
- PDF:
- Date: 09/23/2013
- Proceedings: Avalon III's Response to AHCA's Motion for Sanctions and Dismissal Alleging Failure to Comply with Order filed.
- PDF:
- Date: 09/20/2013
- Proceedings: Avalon III's Response to AHCA's Motion for Sanctions and Dismissal (with exhibits) filed.
- PDF:
- Date: 09/20/2013
- Proceedings: Avalon III's Response to AHCA's Motion for Sanctions and Dismissal filed.
- PDF:
- Date: 09/16/2013
- Proceedings: Agency Motion to Dismiss Upon Basis that the Petitioner May Not Seek Affirmative Relief and Claim a Fifth Amendment Privilege filed.
- PDF:
- Date: 09/16/2013
- Proceedings: Response to Notice of Non-compliance with Subpoena and Order on Motion to Compel filed.
- PDF:
- Date: 09/16/2013
- Proceedings: Agency Motion to Dismiss and Motion for Sanctions for Failure to Comply with Order Directing Discovery filed.
- PDF:
- Date: 09/13/2013
- Proceedings: Response to Order Clarifying Corrected Order on Discovery Disputes filed.
- Date: 09/11/2013
- Proceedings: CASE STATUS: Motion Hearing Held.
- PDF:
- Date: 09/11/2013
- Proceedings: Notice of Noncompliance with Subpoena and Order on Motion to Compel filed.
- PDF:
- Date: 09/10/2013
- Proceedings: Supplemental Order on AHCA`s Third Motion to Relinquish Jurisdiction.
- PDF:
- Date: 09/10/2013
- Proceedings: Notice of Hearing by Video Teleconference (hearing set for December 3 through 5, 2013; 9:30 a.m.; Orlando and Tallahassee, FL).
- PDF:
- Date: 09/09/2013
- Proceedings: Agency Objection to Petitioner's Notice of Service of Third Set of Interrogatories filed.
- PDF:
- Date: 09/06/2013
- Proceedings: Avalon III's Response to AHCA's Third Motion to Relinquish Jurisdiction filed.
- PDF:
- Date: 09/05/2013
- Proceedings: Order Clarifying Corrected Order on Discovery Disputes and Continuing Final Hearing.
- Date: 09/05/2013
- Proceedings: CASE STATUS: Motion Hearing Held.
- PDF:
- Date: 09/04/2013
- Proceedings: Avalon III's Response to AHCA's Motion for Clarification of Order on Discovery filed.
- PDF:
- Date: 09/03/2013
- Proceedings: Notice of Telephonic Motion Hearing (motion hearing set for September 5, 2013; 9:00 a.m.).
- PDF:
- Date: 08/30/2013
- Proceedings: Avalon III's Request for Telephonic Hearing on Rescheduling Final Hearing filed.
- PDF:
- Date: 08/30/2013
- Proceedings: Notice of Taking Rescheduled Deposition Duces Tecum (of M. Bowen) filed.
- PDF:
- Date: 08/30/2013
- Proceedings: Notice of Taking Depositions (of Resident #1, C.R. for Petitioner, C. Carter Walker, and R. Walker) filed.
- PDF:
- Date: 08/29/2013
- Proceedings: Corrected Order on Discovery Disputes and Continuing Final Hearing.
- PDF:
- Date: 08/29/2013
- Proceedings: Agency Motion for Clarification Regarding Order on Discovery Entered the 28th Day of August filed.
- PDF:
- Date: 08/28/2013
- Proceedings: Avalon III's Response to AHCA's [Third] Motion to Relinquish filed.
- PDF:
- Date: 08/28/2013
- Proceedings: Order on Discovery Disputes and Continuing Final Hearing (parties to advise status by August 30, 2013).
- Date: 08/27/2013
- Proceedings: CASE STATUS: Motion Hearing Held.
- PDF:
- Date: 08/26/2013
- Proceedings: Avalon III's Motion to Compel and Response to Motion for Protective Order filed.
- PDF:
- Date: 08/26/2013
- Proceedings: Agency Motion to Quash Subpoena of Mary Bowen and Motion for Protective Order as to Petitioner's Untimely Notice of Deposition of Mary Bowen Received August 23rd for Deposition August 28th filed.
- PDF:
- Date: 08/26/2013
- Proceedings: Avalon III's Response to Agency Motion for Order Compelling Discovery filed.
- PDF:
- Date: 08/26/2013
- Proceedings: Avalon III's Response to Agency's Motion for Protective Order Concerning Mary Bowen, Motion for Scheduling Depositions and Motion Seeking use of Deposition in Liey of Live Testimony filed.
- PDF:
- Date: 08/23/2013
- Proceedings: Agency Motion for Protective Order as to Petitioner's Untimely Notice of Deposition of Mary Bowen Received August 23rd for Deposition August 28th filed.
- PDF:
- Date: 08/23/2013
- Proceedings: Motion Pursuant to Florida Rules of Civil Procedure Rule 1.330 Seeking Order Authorizing Use of Deposition at Hearing filed.
- PDF:
- Date: 08/23/2013
- Proceedings: Avalon III's Motion Requesting Order Scheduling Depositions filed.
- PDF:
- Date: 08/21/2013
- Proceedings: Objection to Second Request to Production and Objection to Second Notice of Service of Interrogatories filed.
- PDF:
- Date: 08/21/2013
- Proceedings: Agency Motion for Protective Order as to Petitioner's Second Request for Production of Documents and as to the Petitioner's Notice of Service of Second Set of Interrogatories filed.
- PDF:
- Date: 08/07/2013
- Proceedings: Notice of Service of Petitioner's Third Set of Interrogatories to AHCA filed.
- PDF:
- Date: 08/05/2013
- Proceedings: Avalon III's Response to AHCA's Second (sic) Request for Production of Documents filed.
- PDF:
- Date: 08/02/2013
- Proceedings: Order Denying Motion to Relinquish Jurisdiction and Motion for Attorney's Fees.
- PDF:
- Date: 07/31/2013
- Proceedings: Avalon III's Response to AHCA's [Second] Motion to Relinquish filed.
- PDF:
- Date: 07/26/2013
- Proceedings: Petitioner's Second Request for Production of Documents to the Agency for Health Care Administration filed.
- PDF:
- Date: 07/26/2013
- Proceedings: Notice of Service of Petitioner's Second Set of Interrogatories to AHCA filed.
- PDF:
- Date: 07/23/2013
- Proceedings: Avalon's III Response to AHCA's Motion to Petition Objection to Filing Amendment filed.
- PDF:
- Date: 07/23/2013
- Proceedings: Petitioner's Response to AHCA's Amended Request for Official Recognition filed.
- PDF:
- Date: 07/16/2013
- Proceedings: Agency Response to Avalon III's Motion to Amend Application and Motion to Petition Objection to Filing as a Sham Pleading filed.
- PDF:
- Date: 07/12/2013
- Proceedings: Petitioner's Response to AHCA's Request for Official Recognition filed.
- PDF:
- Date: 07/12/2013
- Proceedings: Avalon III's Motion to Amend Application and Petition for Final Hearing filed.
- Date: 07/10/2013
- Proceedings: CASE STATUS: Motion Hearing Held.
- PDF:
- Date: 07/09/2013
- Proceedings: Notice of Motion Hearing (Motion hearing set for July 10, 2013; 10:30 a.m.; Tallahassee, FL).
- PDF:
- Date: 07/08/2013
- Proceedings: Response to AHCA's Motion to Amend Notice of Intent to Deny filed.
- PDF:
- Date: 07/05/2013
- Proceedings: Respondent, Agency for Health Care Administration's Second Request for Production of Documents to Petitioner, Avalon's Assisted Living III, Inc filed.
- PDF:
- Date: 07/05/2013
- Proceedings: The State of Florida, Agency for Health Care Administration's Request for Official Recognition filed.
- PDF:
- Date: 07/02/2013
- Proceedings: Notice of Hearing by Video Teleconference (hearing set for September 10, 12, and 13, 2013; 9:30 a.m.; Orlando and Tallahassee, FL).
- Date: 07/02/2013
- Proceedings: CASE STATUS: Pre-Hearing Conference Held.
- Date: 07/01/2013
- Proceedings: CASE STATUS: Pre-Hearing Conference Held.
- PDF:
- Date: 06/28/2013
- Proceedings: Objection to the Response Filed by Petitioner to the Order Requiring Joint Response Notice of Clarification filed.
- PDF:
- Date: 06/19/2013
- Proceedings: Avalon III's Motion to Disqualify Administrative Law Judge filed.
- PDF:
- Date: 01/17/2013
- Proceedings: Order Continuing Case in Abeyance (parties to advise status by March 15, 2013).
- PDF:
- Date: 09/04/2012
- Proceedings: Avalon III's Response to AHCA's Motion to Dismiss Upon Suggestion of Mootness filed.
- PDF:
- Date: 08/24/2012
- Proceedings: Order Denying Motion to Relinquish Jurisdiction and Continuing Case in Abeyance (parties to advise status by December 20, 2012).
- PDF:
- Date: 08/15/2012
- Proceedings: Motion to Release from Abeyance for Purposes of Entertaining the Agency's Motion to Relinquish Jurisdiction filed.
- PDF:
- Date: 06/18/2012
- Proceedings: Order Continuing Case in Abeyance (parties to advise status by August 20, 2012).
- PDF:
- Date: 04/20/2012
- Proceedings: Order Continuing Case in Abeyance (parties to advise status by June 15, 2012).
- PDF:
- Date: 02/23/2012
- Proceedings: Order Continuing Case in Abeyance (parties to advise status by April 16, 2012).
- PDF:
- Date: 01/05/2012
- Proceedings: Order Continuing Case in Abeyance (parties to advise status by February 15, 2012).
- PDF:
- Date: 09/20/2011
- Proceedings: Order Continuing Case in Abeyance (parties to advise status by November 30, 2011).
- PDF:
- Date: 07/07/2011
- Proceedings: Order Continuing Case in Abeyance (parties to advise status by September 16, 2011).
- PDF:
- Date: 05/04/2011
- Proceedings: Order Continuing Case in Abeyance (parties to advise status by July 5, 2011).
- PDF:
- Date: 05/04/2011
- Proceedings: Order Denying Petitioner`s Motion to Transfer and Denying Respondent`s Motion to Strike.
- PDF:
- Date: 05/03/2011
- Proceedings: Avalon III's Response to AHCA's Motion to Strike Motion to Transfer filed.
- Date: 04/28/2011
- Proceedings: CASE STATUS: Motion Hearing Held.
- PDF:
- Date: 04/27/2011
- Proceedings: Avalon III's Motion to Transfer Case Back to Original Administrative Law Judge filed.
- PDF:
- Date: 03/01/2011
- Proceedings: Order Continuing Case in Abeyance (parties to advise status by May 2, 2011).
- PDF:
- Date: 12/29/2010
- Proceedings: Order on Motion to Stay (parties to advise status by March 1, 2011).
- PDF:
- Date: 12/20/2010
- Proceedings: Notice of Serving Agency's Response to Petitioner's First (sic) Request for Admissions filed.
- PDF:
- Date: 10/18/2010
- Proceedings: Petitioner, Avalon III's Response to AHCA's (Second) Request for Production of Documents filed.
- PDF:
- Date: 10/05/2010
- Proceedings: Order Re-scheduling Hearing by Video Teleconference (hearing set for January 11, 2011; 9:00 a.m.; Orlando and Tallahassee, FL).
- PDF:
- Date: 09/30/2010
- Proceedings: Petitioner's Supplement to Status Report to Schedule Final Hearing filed.
- PDF:
- Date: 08/16/2010
- Proceedings: Agency's Notice of Filing Deposition of Gaccia Derhondra Brown filed.
- PDF:
- Date: 08/11/2010
- Proceedings: Agency's Notice of Service of Request for Production of Documents to Petitioner's Corporate Representative or Corporate Custodian of Corporate or Entity Records in His/Her Representative Capacity filed.
- PDF:
- Date: 08/03/2010
- Proceedings: Order Denying Motion to Relinquish Jurisdiction, Granting Continuance, and Placing Case in Abeyance (parties to advise status by October 1, 2010).
- PDF:
- Date: 07/23/2010
- Proceedings: Agency's Notice of Deposition Duces Tecum for Gaccia "Garcia" Brown filed.
- PDF:
- Date: 07/23/2010
- Proceedings: Agency's Third Notice of Deposition Duces Tecum for Robert L. Walker, Jr. filed.
- PDF:
- Date: 07/23/2010
- Proceedings: Agency's Notice of Deposition Duces Tecum for Theresa (Teresa) Mayo filed.
- PDF:
- Date: 07/23/2010
- Proceedings: Agency's Third Notice of Taking Deposition Duces Tecum for Roody Aumoithe filed.
- PDF:
- Date: 07/23/2010
- Proceedings: Notice of Serving Agency's Supplemental Responses to Petitioner's First Set of Interrogatories and Production of Documents filed.
- PDF:
- Date: 06/09/2010
- Proceedings: Agency's Second Notice of Deposition Duces Tecum for Roody Aumoithe filed.
- PDF:
- Date: 06/09/2010
- Proceedings: Agency's Notice of Deposition Duces Tecum for Gaccia "Garcia" Brown filed.
- PDF:
- Date: 06/09/2010
- Proceedings: Agency's Notice of Deposition Duces Tecum for Theresa (Teresa) Mayo filed.
- PDF:
- Date: 06/09/2010
- Proceedings: Agency's Second Notice of Deposition Duces Tecum for Robert L. Walker, Jr. filed.
- Date: 06/03/2010
- Proceedings: CASE STATUS: Motion Hearing Held.
- PDF:
- Date: 06/02/2010
- Proceedings: Agency's Response and Objection to Avalon III's Motion for Protective Order filed.
- PDF:
- Date: 05/25/2010
- Proceedings: Notice of Correction to Certificate of Service on Motion for Protective Order filed.
- PDF:
- Date: 05/04/2010
- Proceedings: Notice of Hearing (hearing set for August 25 through 27, 2010; 9:30 a.m.; Orlando, FL).
- PDF:
- Date: 05/04/2010
- Proceedings: Agency's Notice of Deposition Duces Tecum for Duly Appointed Officer of Avalon's Assisted Living III, Inc filed.
- PDF:
- Date: 05/04/2010
- Proceedings: Agency's Notice of Deposition Duces Tecum for Robert Walker filed.
- PDF:
- Date: 05/04/2010
- Proceedings: Agency's Notice of Deposition Duces Tecum for Chiqquitta Carter-Walker filed.
- PDF:
- Date: 05/04/2010
- Proceedings: Agency's Notice of Deposition Duces Tecum for Roody Aumoithe filed.
- PDF:
- Date: 03/08/2010
- Proceedings: Notice of Serving Agency's Responses to Petitioner's First Set of Interrogatories, Request for Admissions, and Request for Production of Documents filed.
- PDF:
- Date: 03/05/2010
- Proceedings: Proposed Order Granting Agency's Motion to Compel Response to Requet for Admissions, Interrogatories and Production of Documents filed.
- Date: 02/26/2010
- Proceedings: CASE STATUS: Pre-Hearing Conference Held.
- PDF:
- Date: 02/22/2010
- Proceedings: Avalon's Response to Agency's Motion to Compel Response to Request for Admissions, Interrogatories and Production of Documents filed.
- PDF:
- Date: 02/19/2010
- Proceedings: Petitioner's Motion to Vacate Order to Show Cause and Request to File Response filed.
- PDF:
- Date: 02/12/2010
- Proceedings: Motion for Order to Compel Response to Request for Admissions, Interrogatories and Production of Documents filed.
- PDF:
- Date: 02/05/2010
- Proceedings: Notice of Serving Avalon III's First Set of Interrogatories to AHCA filed.
- PDF:
- Date: 02/05/2010
- Proceedings: Petitioner's First Request for Production of Documents to the Agency for Health Care Administration filed.
- PDF:
- Date: 01/11/2010
- Proceedings: Petitioner, Avalon III's Response to AHCA's First Request for Production of Documents filed.
- PDF:
- Date: 01/11/2010
- Proceedings: Notice of Serving Avalon III's Answers to AHCA's First Set of Interrogatories filed.
- PDF:
- Date: 01/11/2010
- Proceedings: Order Continuing Case in Abeyance (parties to advise status by February 15, 2010).
- PDF:
- Date: 12/21/2009
- Proceedings: Order Continuing Case in Abeyance (parties to advise status by January 8, 2010).
- PDF:
- Date: 12/11/2009
- Proceedings: Notice of Service of Respondent's First Set of Interrogatories, Request for Admisions and Request for Production of Documents to Petitioner filed.
Case Information
- Judge:
- J. LAWRENCE JOHNSTON
- Date Filed:
- 11/17/2009
- Date Assignment:
- 07/01/2013
- Last Docket Entry:
- 02/20/2014
- Location:
- Orlando, Florida
- District:
- Middle
- Agency:
- Other
Counsels
-
Richard Joseph Saliba, Esquire
Address of Record -
John E. Terrel, Esquire
Address of Record -
Thomas J. Walsh, II, Esquire
Address of Record -
Thomas J Walsh, II, Esquire
Address of Record