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Home » Cases Under Administrative Hearing » 15-005038BID

15-005038BID The Demoya Group, Inc. vs. Prince Contracting, Llc And Department Of Transportation
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, October 15, 2015.

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1FINDINGS OF FACT

4I. On June 3, 2015, the Department posted it notice of intent to award Design Build

20RFP E4Q64 for the design and construction of Express Lanes on I-95 Phase 3A-2.

342. On June 5, 2015, DMG filed its notice of intent to protest and a protest bond.

513. DMG filed its Formal Written Protest on June 15, 2015.

624. This matter was referred to the Division of Administrative Hearings on September

7514,2015.

775. The matter was assigned to Administrative Law Judge Lawrence P. Stevenson, who

90scheduled the hearing for October 14, and 15, 2015. Prior to the matter being heard, DMG and

107Prince reached an agreement, wherein the Department concurred.

1156. As a result of the Settlement Agreement, DMG filed a Notice of Voluntary

129Dismissal With Prejudice as to its protest with the Division of Administrative Hearings.

142Subsequently, the Division of Administrative Hearings entered an Order Closing File and

154Relinquishing Jurisdiction of the matter back to the Department.

1637. The parties desire that the terms of the Settlement Agreement be incorporated by

177reference and made a part of the Final Order.

186CONCLUSIONS OF LAW

189A. The Department has jurisdiction over the parties to and the subject matter hereto

203pursuant to Chapter 120, Florida Statutes.

209B. As the parties have entered into a Settlement Agreement, the Settlement Agreement

222should be approved.

225ORDER

226Based on the foregoing Findings of Fact and Conclusions of Law, it is

239ORDERED that the attached Settlement Agreement is approved and is incorporated as if

252fully set forth herein. It is further

259ORDERED that the notice of intent and formal protest filed by Petitioner, The De Moya

274Group, Inc., is hereby dismissed.

279DONE AND ORDERED this of October, 2015.

286JIM' 0 OLD

289Secretary

290Department of Transportation

293Haydon Burns Building

296605 Suwannee Street

299Tallahassee, Florida 32399

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324CX)

325NOTICE OF RIGHT TO APPEAL

330THIS ORDER CONSTITUTES FINAL AGENCY ACTION AND MAY BE

339APPEALED BY ANY PARTY PURSUANT TO SECTION 120.68, FLORIDA STATUTES,

349AND RULES 9.110 AND 9.190, FLORIDA RULES OF APPELLATE PROCEDURE, BY

360FILING A NOTICE OF APPEAL CONFORMING TO THE REQUIREMENTS OF RULE

3719.100(d), FLORIDA RULES OF APPEALLATE PROCEDURE, BOTH WITH THE

380APPROPRIATE DISTRICT COURT OF APPEAL, ACCOMPANIED BY THE

388APPROPRIATE FILING FEE, AND WITH THE DEPARTMENT'S CLERK OF

397AGENCY PROCEEDINGS, HAYDON BURNS BUILDING, 605 SUWANNEE STREET,

405M.S. 58, TALLAHASSEE, FLORIDA 32399-0458, WITHIN THIRTY (30) DAYS OF

415RENDITION OF THIS ORDER.

419Copies furnished to:

422C. Denise Johnson, Esq.

426Special Counsel

428Department of Transportation

431Haydon Burns Building, M.S. 58

436605 Suwannee Street

439Tallahassee, Florida 32399-0458

442Jessica Rubio

444District Four Procurement Services Manager

449Department of Transportation, District 4

4543400 W. Commercial Blvd.

458Ft. Lauderdale, Florida 33309-3421

462Frederick J. Springer, Esq.

466Elizabeth Neiberger, Esq.

469Bryant Miller Olive, P.A.

473101 North Monroe Street, Suite 900

479Tallahassee, Florida 32301

482Karen Walker, Esq.

485Tiffany Roddenberry, Esq.

488Holland & Knight, LLP

492315 S. Calhoun Street, Suite 600

498Tallahassee, Florida 32301

501Miguel De Grandy, Esq.

505Daniel Hanlon, Esq.

508Holland & Knight, LLP

512701 Brickell Avenue, Suite 3300

517Miami, Florida 33131

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 10/29/2015
Proceedings: Settlement Agreement filed.
PDF:
Date: 10/29/2015
Proceedings: Agency Final Order filed.
PDF:
Date: 10/28/2015
Proceedings: Agency Final Order
PDF:
Date: 10/15/2015
Proceedings: Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 10/14/2015
Proceedings: Petitioner's Notice of Voluntary Dismissal with Prejudice filed.
PDF:
Date: 10/13/2015
Proceedings: Prince's Objections to DMG's Exhibits filed.
PDF:
Date: 10/13/2015
Proceedings: Amended Joint Pre-hearing Stipulation filed.
PDF:
Date: 10/12/2015
Proceedings: Joint Pre-hearing Stipulation filed.
PDF:
Date: 10/12/2015
Proceedings: Notice of Serving Petitioner's Answers and Objections to Respondent's First Set of Interrogatories filed.
PDF:
Date: 10/08/2015
Proceedings: (Petitioner's) Unopposed Motion for Leave to Amend Formal Written Protest (with proposed First Amended Formal Written Protest attached) filed.
PDF:
Date: 10/08/2015
Proceedings: Prince Contracting, LLC's Motion to Compel Production of Documents filed.
PDF:
Date: 10/08/2015
Proceedings: Notice of Serving Petitioner's Response to Intervenor Prince Contracting's Third Request for Production of Documents filed.
PDF:
Date: 10/07/2015
Proceedings: Notice of Serving Petitioner's Response to Intervenor Prince Contracting's Second Request for Production of Documents filed.
PDF:
Date: 10/07/2015
Proceedings: Notice of Serving Petitioner's Second Request for Production to Intervenor and First Set of Interrogatories to Intervenor filed.
PDF:
Date: 10/06/2015
Proceedings: Notice of Serving Petitioner's Fourth Request for Production of Documents to Respondent filed.
PDF:
Date: 10/06/2015
Proceedings: Intervenor Prince Contracting, LLC's Request for Leave to File Reply to Petitioner's Response to Intervenor's Motion for Protective Order filed.
PDF:
Date: 10/06/2015
Proceedings: Notice of Taking Rule 1.310(b)(6) Deposition of Respondent, State of Florida, Department of Transportation (Robert Bostain) filed.
PDF:
Date: 10/06/2015
Proceedings: Notice of Taking Rule 1.310(b)(6) Deposition of Respondent, State of Florida, Department of Transportation (Margaret Simpkins) filed.
PDF:
Date: 10/06/2015
Proceedings: Notice of Taking Deposition of David Sadler filed.
PDF:
Date: 10/06/2015
Proceedings: Notice of Taking Rule 1.310(b)(6) Deposition of Intervenor, Prince Contracting, LLC filed.
PDF:
Date: 10/06/2015
Proceedings: Petitioner's Response to Prince's Motion for Entry of Protective Order filed.
PDF:
Date: 10/06/2015
Proceedings: Respondent's Response to Petitioner's Second and Third Requests for Production filed.
PDF:
Date: 10/06/2015
Proceedings: Respondent's Response to Petitioner's First Request for Production filed.
PDF:
Date: 10/06/2015
Proceedings: Notice of Serving Department's Responses to Petitioner's First, Second, and Third Requests for Production filed.
PDF:
Date: 10/06/2015
Proceedings: Notice of Serving Petitioner's Responses to Respondent's First Request for Admissions filed.
PDF:
Date: 10/05/2015
Proceedings: Notice of Taking Deposition (A.J. De Moya) filed.
PDF:
Date: 10/05/2015
Proceedings: Notice of Taking Deposition Duces Tecum (Jose Munoz) filed.
PDF:
Date: 10/05/2015
Proceedings: Intervenor, Prince Contracting, LLC's Fourth Request for Production of Documents to Petitioner filed.
PDF:
Date: 10/02/2015
Proceedings: Intervenor Prince Contracting, LLC's Third Request for Production of Documents to Petitioner filed.
PDF:
Date: 10/02/2015
Proceedings: Notice of Serving Petitioner's Third Request for Production of Documents to Respondent filed.
PDF:
Date: 10/02/2015
Proceedings: Notice of Serving Intervenor's Second Request for Production of Documents to Petitioner filed.
PDF:
Date: 10/01/2015
Proceedings: Notice of Serving Petitioner's Second Request for Production of Documents to Respondent filed.
PDF:
Date: 10/01/2015
Proceedings: Notice of Serving Intervenor's Responses to Petitioner the De Moya Group's First Request for Production filed.
PDF:
Date: 10/01/2015
Proceedings: Prince Contracting, LLC's Responses and Objections to the De Moya Group, Inc.,'s First Request for Production of Documents to Intervenor filed.
PDF:
Date: 09/30/2015
Proceedings: Motion for Entry of Protective Order filed.
PDF:
Date: 09/30/2015
Proceedings: Notice of Serving Respondent, Department of Transportation's First Set of Interrogatories to Petitioner, The DeMoya Group, Inc filed.
PDF:
Date: 09/30/2015
Proceedings: Department's First Request for Admissions to Petitioner filed.
PDF:
Date: 09/29/2015
Proceedings: Notice of Serving Petitioner's Responses to Intervenor Prince Contracting's First Request for Production filed.
PDF:
Date: 09/29/2015
Proceedings: Notice of Serving Petitioner's Responses to Intervenor Prince Contracting's First Set of Interrogatories filed.
PDF:
Date: 09/28/2015
Proceedings: Notice of Serving Petitioner's First Request for Production of Documents to Respondent filed.
PDF:
Date: 09/28/2015
Proceedings: Notice of Serving Petitioner's First Request for Production of Documents to Intervenor filed.
PDF:
Date: 09/24/2015
Proceedings: Notice of Appearance (Richard Shine) filed.
PDF:
Date: 09/24/2015
Proceedings: Notice of Appearance (Austin Hansel) filed.
PDF:
Date: 09/23/2015
Proceedings: Princes First Request for Production of Documents to Petitioner filed.
PDF:
Date: 09/23/2015
Proceedings: Princes Notice of Service of its First Set of Interrogatories to Petitioner filed.
PDF:
Date: 09/23/2015
Proceedings: Order Denying Motions to Dismiss or Strike.
PDF:
Date: 09/23/2015
Proceedings: Order on Intervention.
PDF:
Date: 09/23/2015
Proceedings: Notice of Appearance (Miguel De Grandy) filed.
PDF:
Date: 09/23/2015
Proceedings: Joint Request for Official Recognition filed.
PDF:
Date: 09/23/2015
Proceedings: Notice of Filing Affidavit of Jessica Rubio Regarding Posting filed.
PDF:
Date: 09/22/2015
Proceedings: Joint Request for Oral Argument filed.
PDF:
Date: 09/22/2015
Proceedings: Notice of Filing Exhibit 1 to Petitioners Consolidated Response to Respondent and Intervenors Motions to Dismiss or Strike filed.
PDF:
Date: 09/22/2015
Proceedings: Petitioner's Consolidated Response to Respondent and Intervenor's Motions to Dismiss or Strike filed.
PDF:
Date: 09/21/2015
Proceedings: Department of Transportation's Motion to Dismiss or in the Alternative to Strike filed.
PDF:
Date: 09/17/2015
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 09/17/2015
Proceedings: Notice of Hearing (hearing set for October 14 and 15, 2015; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 09/16/2015
Proceedings: (Respondent's) Motion to Dismiss or Strike filed.
PDF:
Date: 09/14/2015
Proceedings: Notice of Intervention (Prince Contracting, LLC) filed.
PDF:
Date: 09/14/2015
Proceedings: Formal Written Protest filed.
PDF:
Date: 09/14/2015
Proceedings: Agency referral filed.

Case Information

Judge:
LAWRENCE P. STEVENSON
Date Filed:
09/14/2015
Date Assignment:
09/14/2015
Last Docket Entry:
10/29/2015
Location:
Tallahassee, Florida
District:
Northern
Agency:
Other
Suffix:
BID
 

Counsels

Related Florida Statute(s) (1):