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15-003939 North Florida Cycles, Llc, D/B/A First Coast St. Augustine vs. Kawasaki Motors Corp., U.S.A.
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, December 1, 2016.

View Dockets  

1STATE OF FLORIDA

4DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

11NORTH FLORIDA CYCLES, LLC

15d/b/a FIRST COAST ST. AUGUSTINE,

20Petitioner,

21vs. HSMV Case No.: MS-15-1031

26DOAH Case No.: 15-3939

30KAWASAKI MOTORS CORP., U.S.A.,

34FINAL ORDER NO . :

39Respondent.

40I HSMV-17-0727- f 0 r- -Ms

46DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

53FINAL ORDER

55This matter having previously come before the Department of Highway Safety and Motor

68Vehicles pursuant to an Order Closing File and Relinquishing Jurisdiction issued December 1,

812016, by the Honorable Suzanne Van Wyk, Administrative Law Judge of the Division of

95Administrative Hearings, a copy of which is attached and incorporated by reference in this order.

110The Department having twice issued orders holding the case in abeyance, the matter is now before

126the undersigned for entry of a final order upon Respondent's Motion to Close Case filed December

14219,2017.

144On December 5, 2016, the Department issued an order holding the case in abeyance and

159directing the parties to file a joint status report within 90 days. On December 22, 2016, Petitioner's

176counsel filed a motion to withdraw as counsel, and on March 3, 2017, with Petitioner's counsel

192having moved to withdraw, the Respondent filed a unilateral status report requesting the case be

207held in abeyance an additional 60 days. On March 6, 2017, and March 8, 2017, respectively, the

224Department issued orders holding the case in abeyance, directing the parties to file a second status

240report within 60 days, and granting the motion for Petitioner's counsel to withdraw.

253Page 1 of3

256MS-15-1031

257As of this date, the parties have not filed a status report as directed by the order issued

275March 6 , 201 7, and the Respondent now moves the case be closed as moot, because the Petitioner's

293dealer license expired and remains expired.

299Accordingly, it is ORDERED that the case is CLOSED .

309COPIES FURNISHED this 77/1, day of December, 2017, to:

318MarkAllen

319North Florida Cycles, LLC

3231860 North Ponce De Leon Boulevard

329St. Augustine, Florida 32084

333fantomracer 13 (a , g mail.com

338Mark Hosbach

340Kawasaki Motor Corp., U.S.A.

344Building 2400, Suite 110

3483800 Camp Creek Parkway

352Atlanta, Georgia 30331

355C. Everett Boyd, Esquire

359Nelson Mullins Riley & Scarborough LLP

3653600 Maclay Boulevard, South, Suite 202

371Tallahassee, Florida 32312-1267

374everett.boyd(it J, nelsonmullins.com

377kathi.mcmillan(fvnelsonmullins.com

378Joseph R. Gillespie, Agency Clerk

383Department of Highway Safety and Motor Vehicles

390Room A432, Mail Stop 2

3952900 Apalachee Parkway

398Tallahassee, Florida 32399

401ogcfiling@flhsmv.gov

402joegillespie@flhsmv.gov

403Page 2 of3

406MS-15-1031

407NOTICE OF APPEAL RIGHTS

411A party adversely affected by this final order may seek judicial review as provided in

426section 120 . 68, Florida Statutes, and Florida Rule of Appellate Procedure 9.190. Judicial review

441is initiated by filing a notice of appeal with the Agency Clerk, and a copy of the notice of appeal,

461accompanied by the filing fee, with the appropriate district court of appeal. The notice of appeal

477must conform to the requirements of Florida Rule of Appellate Procedure 9 .110( d) and must be

494filed (i.e., received by the Agency Clerk) within thirty days of rendition of this final order.

510Filing with the Department's Agency Clerk may be accomplished by U.S. mail, express

523overnight delivery, hand delivery, facsimile transmission, or electronic mail. The address for

535overnight delivery or hand delivery is Joseph Gillespie, DHSMV Agency Clerk, Department of

548Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, A-432, MS-2, Tallahassee,

559Florida 32399. The facsimile number is (850) 617-5112. The email address is

571OGFiling@flhsmv.gov.

572Page 3 of3

575MS-15-1031

576..

577STATE OF FLORIDA

580DIVISION OF ADMINISTRATIVE HEARINGS

584NORTH FLORIDA CYCLES, LLC, d/b/a

589FIRST COAST ST. AUGUSTINE,

593Petitioner,

594vs. Case No. 15-3939

598KAWASAKI MOTORS CORP., U.S.A.,

602Respondent.

603ORDER CLOSING FILE AND RELINQUISHING JURISDICTION

609This cause having come before the undersigned on the

618parties' Joint Status Report, which requests the case be remanded

628to the Department of Highway Safety and Motor Vehicles, and the

639undersigned being fully advised, it is, therefore,

646ORDERED that the file of the Division of Administrative

655Hearings is closed. Jurisdiction is relinquished to the

663Department of Highway Safety and Motor Vehicles.

670DONE AND ORDERED this 1st day of December, 2016, in

680Tallahassee, Leon County, Florida.

684SUZANNE VAN WYK

687Administrative Law Judge

690Division of Administrative Hearings

694The DeSoto Building

6971230 Apalachee Parkway

700Tallahassee, Florida 32399-3060

703(850) 488-9675

705Fax Filing (850) 921-6847

709www.doah.state.fl.us

710Filed with the Clerk of the

716Division of Administrative Hearings

720this 1st day of December, 2016.

726COPIES FURNISHED:

728Mark Allen

730North Florida Cycles, LLC

7341860 North Ponce De Leon Boulevard

740St. Augustine, Florida 32084

744Mark Hosbach

746Kawasaki Motor Corp., U.S.A.

750Building 2400, Suite 110

7543800 Camp Creek Parkway

758Atlanta, Georgia 30331

761William Edward Van Cott

765Department of Highway Safety

769and Motor Vehicles

772Neil Kirkman Building, Room A-430

7772900 Apalachee Parkway, Mail Stop 61

783Tallahassee, Florida 32399

786(eServed)

787C . Everett Boyd, Esquire

792Nelson Mullins Riley

795& Scarborough LLP

798Suite 202

8003600 Maclay Boulevard, South

804Tallahassee, Florida 32312-1267

807(eServed)

808R. Craig Spickard, Esquire

812Kurkin Brandes, LLP

815105 West Fifth Avenue

819Tallahassee, Florida 32303

822(eServed)

823Kiara Guzzo, Agency Clerk

827Department of Highway Safety

831and Motor Vehicles

834Neil Kirkman Building, Room A-430

8392900 Apalachee Parkway, Mail Stop 61

845Tallahassee, Florida 32399

848(eServed)

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 12/29/2017
Proceedings: Agency Final Order
PDF:
Date: 12/29/2017
Proceedings: Agency Final Order filed.
PDF:
Date: 12/01/2016
Proceedings: Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 11/30/2016
Proceedings: Joint Status Report filed.
PDF:
Date: 11/01/2016
Proceedings: Order Continuing Case in Abeyance (parties to advise status by November 30, 2016).
PDF:
Date: 10/27/2016
Proceedings: Joint Status Report filed.
PDF:
Date: 08/04/2016
Proceedings: Order Continuing Case in Abeyance (parties to advise status by October 26, 2016).
PDF:
Date: 08/01/2016
Proceedings: Joint Status Report filed.
PDF:
Date: 06/14/2016
Proceedings: Order Continuing Case in Abeyance (parties to advise status by August 1, 2016).
PDF:
Date: 06/01/2016
Proceedings: Joint Status Report filed.
PDF:
Date: 04/19/2016
Proceedings: Order Continuing Case in Abeyance (parties to advise status by June 1, 2016).
PDF:
Date: 04/15/2016
Proceedings: Joint Status Report filed.
PDF:
Date: 03/08/2016
Proceedings: Order Continuing Case in Abeyance (parties to advise status by April 15, 2016).
PDF:
Date: 03/01/2016
Proceedings: Joint Status Report filed.
PDF:
Date: 01/26/2016
Proceedings: Order Continuing Case in Abeyance (parties to advise status by March 1, 2016).
PDF:
Date: 01/19/2016
Proceedings: Joint Status Report filed.
PDF:
Date: 12/02/2015
Proceedings: Order Continuing Case in Abeyance (parties to advise status by January 19, 2016).
PDF:
Date: 11/24/2015
Proceedings: Joint Status Report filed.
PDF:
Date: 10/27/2015
Proceedings: Notice of Change of Address for Kawasaki Motors Corp., U.S.A., filed.
PDF:
Date: 10/27/2015
Proceedings: Order Placing Case in Abeyance and Order Reserving Ruling on Respondent's Motion to Compel Production of Documents (parties to advise status by November 26, 2015).
PDF:
Date: 10/19/2015
Proceedings: Notice of Telephonic Motion Hearing (set for October 20, 2015; 1:30 p.m.).
PDF:
Date: 10/15/2015
Proceedings: Notice that Proceeding Has Been Stayed Pursuant to Section 320.641(8), Fla. Stat filed.
PDF:
Date: 10/12/2015
Proceedings: Respondents Motion to Compel Production of Documents filed.
PDF:
Date: 09/24/2015
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 09/24/2015
Proceedings: Notice of Hearing (hearing set for January 12 and 13, 2016; 9:30 a.m.; Tallahassee, FL).
PDF:
Date: 09/22/2015
Proceedings: Order Granting Extension of Time.
PDF:
Date: 09/18/2015
Proceedings: Joint Notice of Availability for Final Hearing filed.
PDF:
Date: 09/17/2015
Proceedings: Respondent's Response to Petitioner's Motion for Extension of Time to Respond to Discovery Requests filed.
PDF:
Date: 09/17/2015
Proceedings: Petitioner's Motion for Extension of Time to Respond to Discovery Requests filed.
PDF:
Date: 09/08/2015
Proceedings: Order Requesting Dates of Availability.
PDF:
Date: 08/25/2015
Proceedings: Petitioner's Response to Order to Show Cause filed.
PDF:
Date: 08/25/2015
Proceedings: Notice of Appearance (Robert Spickard) filed.
PDF:
Date: 08/13/2015
Proceedings: Order to Show Cause.
PDF:
Date: 08/06/2015
Proceedings: Notice of Telephonic Scheduling Conference (set for August 13, 2015; 11:30 a.m.).
PDF:
Date: 07/23/2015
Proceedings: Respondent's Response to Initial order filed.
PDF:
Date: 07/21/2015
Proceedings: Respondent Kawasaki Motors Corp., U.S.A.'s Notice of Service of Discovery to North Florida Cycles filed.
PDF:
Date: 07/17/2015
Proceedings: Notice of Appearance (C. Boyd) filed.
PDF:
Date: 07/16/2015
Proceedings: Initial Order.
PDF:
Date: 07/15/2015
Proceedings: Agency action letter filed.
PDF:
Date: 07/15/2015
Proceedings: Request for Administrative Hearing filed.
PDF:
Date: 07/15/2015
Proceedings: Agency referral filed.

Case Information

Judge:
SUZANNE VAN WYK
Date Filed:
07/15/2015
Date Assignment:
07/16/2015
Last Docket Entry:
12/29/2017
Location:
Tallahassee, Florida
District:
Northern
Agency:
ADOPTED IN TOTO
 

Counsels

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