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.


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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

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 03/03/2015
Proceedings: Settlement Agreement filed.
PDF:
Date: 03/03/2015
Proceedings: Agency Final Order filed.
PDF:
Date: 02/27/2015
Proceedings: Agency Final Order
PDF:
Date: 02/17/2015
Proceedings: Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 02/17/2015
Proceedings: Joint Motion to Relinquish Jurisdiction filed.
PDF:
Date: 02/04/2015
Proceedings: Order Denying Joint Motion for Bifurcation.
PDF:
Date: 02/03/2015
Proceedings: Joint Motion for Bifurcation filed.
PDF:
Date: 01/29/2015
Proceedings: Notice of Appearance (Malinda Lugo) filed.
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: Notice of Appearance (Anna Small) 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: 01/08/2015
Proceedings: DOH Response to Petitioner's First Request to Produce 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: 12/23/2014
Proceedings: Order Granting Motion to Amend Petition.
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: 12/09/2014
Proceedings: Joint Motion for Continance filed.
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: 11/18/2014
Proceedings: Order Granting Motion to Withdraw as Counsel.
PDF:
Date: 11/18/2014
Proceedings: Motion to Withdraw as Counsel (for Petitioner) 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: Order of Pre-hearing Instructions.
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).
PDF:
Date: 10/31/2014
Proceedings: Joint Response to the Initial Order and Motion for Thirty Day Continuance/Abeyance filed.
PDF:
Date: 10/24/2014
Proceedings: Initial Order.
PDF:
Date: 10/24/2014
Proceedings: Notice of Intent to Deny Application filed.
PDF:
Date: 10/24/2014
Proceedings: Petition for Formal Administrative Hearing filed.
PDF:
Date: 10/24/2014
Proceedings: Notice (of Agency referral) filed.

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

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