14-005040
Artistic Liposculpting Center vs.
Department Of Health
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, February 17, 2015.
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, February 17, 2015.
1STATE OF FLORIDA
4DEPARTMENT OF HEALTH
7ARTISTIC LIPOSCULPTING CENTER,
10Petitioner,
11v. DOH Case No. 2014-0258
16DOAH Case No.: 14-5040
20DEPARTMENT OF HEALTH.
23Respondent.
24FINAL ORDER
26This case was initiated by Petitioner's Petition for Formal Administrative Hearing
37challenging Respondent's Notice oflntent to Deny Application.
44The parties have reached a settlement and executed a stipulation reflecting the
56terms of that agreement.
60This matter is before the Department of Health for consideration of the
72Settlement Agreement.
74The Settlement Agreement resolved all disputed issues and was fully executed on
86or about February 16, 2015. The Settlement Agreement is accepted and incorporated by
99reference. The parties are ordered to comply with the terms of the Settlement
112Agreement. This proceeding is closed. 1l. /
119DONE AND ORDERED this :J'/ day 2015, in
127Tallahassee, Leon County, Florida.
131John H. Armstrong, MD, FACS
136State Surgeon General
139Copies futnished to:
142Chadwick Stevens J. Lawrence Johnston
147Assistant General Counsel Administrative Law Judge
153Department of Health Division of Administrative Hearings
1604052 Bald Cypress Way, Bin A-02 The DeSoto Building
169Tallahassee, Florida 32399-1703 1230 Apalachee Parkway
175chadstevens@flhea1th.gov Tallahassee, Florida 32399-3060
179·: " ... . ..,. f .....
186Cynthia A. Mikos, Esquire
190Allen Dell; P.A.
193202 S. Rome Avenue, Suite 100
199Tampa, Florida 33606-1854
202cmikos@allendell.com
203CERTIFICATE OF SERVICE
206I HEREBY CERTIFY that a copy of the foregoing Final Order has been furnished
220by U.S. Mail, inter-office mail, electronic transmission, or by hand-delivery to each of
233the above-named persons this d day of_ 2015 .
242
243STATE OF FLORIDA
246DEPARTMENT OF HEALTH 15FEB 18 Pl'\ :58
253ARTISTIC LIPOSCULPTING CENTER,
256Petitioners,
257DOH Case No. 2014-0258
261vs.
262::3
263DEPARTMENT OF HEALTH, ;.c = 11
269w r-
271Respondent. :::n rn
274:3
275!-"' 0
278u; <>
279JOINT MOTION FOR FINAL ORDER
284Petitioner, ARTISTIC LIPOSCULPTING CENTER, and Respondent, DEPARTMENT
291OF HEALTH, pursuant to Rule 28-106.204, F.A.C., hereby file this Joint Motion for Final Order
306and state:
3081. On February 16, 2015, the Parties to die instant 'matter executed a Settlement
322Agreement. A copy of the Settlement Agreement is attached hereto and incorporated herein by
336reference as Exhibit "A".
3412. The Settlement Agreement eliminates the need for an administrative hearing.
3523. Based on the foregoing, and conditioned on the agreement of the parties herein.
366Petitioner and Respondent hereby move the agency clerk to enter a final order that incorporates the
382terms of this Settlement Agreement and closes this case accordingly.
392WHEREFORE, based on the Settlement Agreement attached hereto, the parties request the
404entry of a final order by the agency clerk subject to the terms of this Joint Motion for Final Order.
424Respectfully submitted,
426Is/Chadwick R. Stevens Is/ Cynthia A. Mikos
433Chadwick R. Stevens Cynthia A Mikos, Esq.
440Assistant General Counsel Florida Bar No.: 0984256
447Fla. BarNo. 15758 Allen Dell, P .A.
454Florida Department of Health 202 S. Rome Avenue, Ste. 100
464Office of the General Counsel Tampa, Florida 33606-1854
4724052 Bald Cypress Way, Bin #A-02 Telephone: (813) 223-5351
481Tallahassee, Florida 32309-1703 Facsimile: (813) 229-6682
487Telephone: (850) 245-4005 Email: cmikos@allendell.com
492Facsimile: (850) 413-8743 Counsel for Petitioner
498Email: chad.stevens@flhealth.gov
500Counsel for Respondent
503CERTIFICATE OF SERVICE
506I hereby certify that a true and correct copy of the foregoing JOINT MOTION FOR FINAL
522ORDER has been provided to Cynthia A. Mikos, Esquire, by e-mail to cmikos@allendell.com this
53618th day of February, 2015.
541Is/ Chadwick R. Stevens
545Chadwick R. Stevens, Attorney for Respondent
- Date
- Proceedings
- Date: 01/28/2015
- Proceedings: Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
- PDF:
- Date: 01/27/2015
- Proceedings: (Petitioner's) Notice of Filing Exhibits to Amended Petition filed.
- PDF:
- Date: 01/27/2015
- Proceedings: (Petitioner's) Amended Petition for Formal Administrative Hearing filed.
- PDF:
- Date: 01/08/2015
- Proceedings: Petitioner's Response to Respondent's Second Request for Production of Documents filed.
- PDF:
- Date: 01/08/2015
- Proceedings: Petitioner's Notice of Serving Unverified Answers to Respondent's Second Set of Interrogatories filed.
- PDF:
- Date: 01/08/2015
- Proceedings: Notice of Serving Department of Health's Answers to First Set of Interrogatories of Artistic Liposculpting Center filed.
- PDF:
- Date: 01/08/2015
- Proceedings: Department of Health's Response to Artistic Liposculpting Center's First Request for Admissions filed.
- PDF:
- Date: 01/07/2015
- Proceedings: Petitioner's Responses and Objections to Respondent's First Request for Production of Documents filed.
- PDF:
- Date: 01/07/2015
- Proceedings: Petitioner's Response to Respondent's First Request for Admissions filed.
- PDF:
- Date: 01/07/2015
- Proceedings: Petitioner's Notice of Serving Answers and Objections to Respondent's First Set of Interrogatories filed.
- PDF:
- Date: 12/11/2014
- Proceedings: Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for February 24, 2015; 9:30 a.m.; Tampa, FL).
- PDF:
- Date: 12/03/2014
- Proceedings: (Petitioner's) Motion for Leave to Amend Petition for Formal Administrative Hearing filed.
- PDF:
- Date: 12/01/2014
- Proceedings: DOH's Notice of Intent to Rely upon Business Record Certification filed.
- PDF:
- Date: 11/20/2014
- Proceedings: Petitioner, Artistic Liposculpting Center's First Request for Admissions to Respondent, Department of Health filed.
- PDF:
- Date: 11/19/2014
- Proceedings: Artisitic Liposculpting Center's First Request to Produce to Department of Health filed.
- PDF:
- Date: 11/19/2014
- Proceedings: Notice of Service of Department of Health's Second Set of Interrogatories to Artistic Liposculpting Center filed.
- PDF:
- Date: 11/19/2014
- Proceedings: Respondent Department of Health's Second Request for Production of Documents to Petitioner filed.
- PDF:
- Date: 11/19/2014
- Proceedings: Artistic Liposculpting Center's First Set of Interrogatories to Department of Health filed.
- PDF:
- Date: 11/19/2014
- Proceedings: Notice of Serving First Set of Interrogatories to Respondent, Department of Health filed.
- PDF:
- Date: 11/17/2014
- Proceedings: Notice of Service of Department of Health's First Set of Interrogatories to Artistic Liposculpting Center filed.
- PDF:
- Date: 11/17/2014
- Proceedings: Respondent Department of Health's First Requests for Admissions to Petitioner filed.
- PDF:
- Date: 11/17/2014
- Proceedings: Respondent Department of Health's First Request for Production of Documents to Petitioner filed.
- PDF:
- Date: 11/03/2014
- Proceedings: Notice of Hearing by Video Teleconference (hearing set for December 23, 2014; 9:30 a.m.; Tampa and Tallahassee, FL).
Case Information
- Judge:
- WILLIAM F. QUATTLEBAUM
- Date Filed:
- 10/24/2014
- Date Assignment:
- 10/24/2014
- Last Docket Entry:
- 03/03/2015
- Location:
- Tampa, Florida
- District:
- Middle
- Agency:
- Other
Counsels
-
Malinda R. Lugo, Esquire
Address of Record -
Cynthia A. Mikos, Esquire
Address of Record -
Anna Gay Small, Esquire
Address of Record -
Chadwick R Stevens, Assistant General Counsel
Address of Record -
Chadwick R. Stevens, Deputy General Counsel
Address of Record -
Cynthia A Mikos, Esquire
Address of Record -
Chadwick R. Stevens, Esquire
Address of Record