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Home » Cases Under Administrative Hearing » 18-002141

18-002141 Florida Audubon Society, Inc., And Town Of Fort Myers Beach, Florida vs. Texas Holdem, Llc, Squeeze Me Inn, Llc, And Department Of Environmental Protection
 Status: Closed
Recommended Order on Wednesday, March 20, 2019.

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Summary: The Applicant demonstrated their entitlement to construct a dune walkover to provide access to the Gulf of Mexico, including issuance of an ERP permit, a consent to use sovereign land, a CCCL permit, and a CCL permit application timing waiver.
  • Document: Recommended Order
  • Issued: 03/20/2019
  • Summary: The Applicant demonstrated their entitlement to construct a dune walkover to provide access to the Gulf of Mexico, including issuance of an ERP permit, a consent to use sovereign land, a CCCL permit, and a CCL permit application timing waiver.
Dockets
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Date
Proceedings
PDF:
Date: 05/09/2019
Proceedings: Agency Final Order
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Date: 05/09/2019
Proceedings: Agency Final Order filed.
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Date: 03/20/2019
Proceedings: Recommended Order
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Date: 03/20/2019
Proceedings: Recommended Order (hearing held September 18-20, 2018). CASE CLOSED.
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Date: 03/20/2019
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
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Date: 12/10/2018
Proceedings: Respondents Texas Hold'Em, LLC and Squeeze Me Inn LLC Joint Proposed Recommended Final Order filed.
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Date: 12/10/2018
Proceedings: Petitioner's Florida Audubon Society, Proposed Recommended Order (filed in Case No. 18-001451).
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Date: 12/10/2018
Proceedings: Petitioner's Town of Ft. Myers Beach, Proposed Recommended Order (filed in Case No. 18-001451).
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Date: 12/10/2018
Proceedings: Department of Environmental Protection's Proposed Recommended Order (filed in Case No. 18-002141).
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Date: 12/06/2018
Proceedings: Order Granting Motion to Expand Page Limit.
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Date: 12/05/2018
Proceedings: Department of Environmental Protection's Motion to Expand Page Limit (filed in Case No. 16-007149).
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Date: 12/05/2018
Proceedings: Department of Environmental Protection's Motion to Expand Page Limit filed.
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Date: 11/13/2018
Proceedings: Order Granting Extension of Time.
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Date: 11/13/2018
Proceedings: Motion for Extension of Time to File Proposed Recommended Orders (filed in Case No. 18-001451).
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Date: 11/06/2018
Proceedings: Notice of Filing Transcript.
Date: 11/06/2018
Proceedings: Transcript of Proceedings (not available for viewing) filed.
Date: 09/18/2018
Proceedings: CASE STATUS: Hearing Held.
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Date: 09/12/2018
Proceedings: Respondents, Texas Hold'Em, LLC, and Squeeze Me Inn, LLC's Objections to Petitioners' Florida Audubon Society and Town of FT. Myers Beach Exhibit List filed.
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Date: 09/12/2018
Proceedings: Respondents' Texas Hold'Em, LLC, and Squeeze Me Inn, LLC Limited Objections to the Joint Exhibit List filed.
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Date: 09/12/2018
Proceedings: Petitioners', Florida Audubon Society, Inc. and Town of FT. Myers Beach, Notice of Objections to Amended Joint Pre-hearing Stipulation (filed in Case No. 18-001451).
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Date: 09/12/2018
Proceedings: Notice of the Department of Environmental Protections' Objections to Petitioners' Exhibit List dated September 11, 2018, and Objections filed.
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Date: 09/11/2018
Proceedings: Amended Joint Prehearing Stipulation filed.
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Date: 09/11/2018
Proceedings: Joint Prehearing Stipulation filed.
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Date: 09/11/2018
Proceedings: Respondents', Texas Hold'Em, LLC and Squeeze Me Inn, LLC's Response to Petitioner, Town of Ft. Myers Beach's Third Request for Production of Documents filed.
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Date: 09/07/2018
Proceedings: Notice and Certificate of Service of Respondent, Department of Environmental Protection's, Response to the Petitioner, Town of Fort Myers Beach's, Second Set of Interrogatories (filed in Case No. 18-001451).
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Date: 08/31/2018
Proceedings: Notice of Cancelling Deposition Duces Tecum (Alex Reed; filed in Case No. 18-001451).
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Date: 08/30/2018
Proceedings: Re-notice of Taking Deposition (Charles DeGraff) filed.
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Date: 08/29/2018
Proceedings: Notice of Cancelling Deposition Duces Tecum (Jennifer Cowart; filed in Case No. 18-001451).
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Date: 08/29/2018
Proceedings: Notice of Cancelling Deposition Duces Tecum (Jon Iglehart; filed in Case No. 18-001451).
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Date: 08/29/2018
Proceedings: Amended Notice of Hearing (hearing set for September 18 through 21, 2018; 9:00 a.m.; Fort Myers, FL; amended as to Venue).
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Date: 08/28/2018
Proceedings: Notice of Taking Deposition (Charles Degraff) filed.
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Date: 08/28/2018
Proceedings: Amended Notice of Taking Deposition Duces Tecum and Amended Notice of Taking Deposition of Florida Department of Environmental Protection Pursuant to Florida Rule of Civil Procedure 1.310(b)(6) Telephonic Deposition (Tony McNeal; filed in Case No. 18-001451).
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Date: 08/27/2018
Proceedings: Notice of Cancellation of Deposition of Florida Department of Environmental Protection Pursuant to Florida Rule of Civil Procedure 1.310(b)(6) (Cheryl McCall-DEP Corp Rep; filed in Case No. 18-001451).
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Date: 08/27/2018
Proceedings: Notice of Cancelling Deposition Duces Tecum (Cheryl McCall; filed in Case No. 18-001451).
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Date: 08/24/2018
Proceedings: Notice of Cancelling Deposition Duces Tecum (Valerie Jones; filed in Case No. 18-001451).
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Date: 08/24/2018
Proceedings: Notice of Cancelling Deposition Duces Tecum (Kathy Griffin; filed in Case No. 18-001451).
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Date: 08/23/2018
Proceedings: Notice of Cancelling Deposition Duces Tecum (Megan Mills; filed in Case No. 18-001451).
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Date: 08/21/2018
Proceedings: Respondents', Texas Hold'Em, LLC and Squeeze Me Inn, LLC's Amended Final Witness Disclosure filed.
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Date: 08/21/2018
Proceedings: Notice of Taking Telephonic Deposition Duces Tecum (Robert Case; filed in Case No. 18-001451).
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Date: 08/21/2018
Proceedings: Notice of Taking Telephonic Deposition Duces Tecum (Seth Behn; filed in Case No. 18-001451).
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Date: 08/20/2018
Proceedings: Petitioner, Florida Audubon Society's, Response to Respondent, Florida Department of Environmental Protection's First Request for Production of Documents (filed in Case No. 18-001451).
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Date: 08/20/2018
Proceedings: Petitioner, Town of Ft. Myers Beach, Response to Respondent, Florida Department of Environmental Protection's First Request for Production of Documents (filed in Case No. 18-001451).
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Date: 08/20/2018
Proceedings: Petitioner, Florida Audubon Society's, Notice of Serving Verified Answers to Respondent, Florida Department of Environmental Protection's First Set of Interrogatories (filed in Case No. 18-001451).
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Date: 08/20/2018
Proceedings: Petitioner's, Town of Ft. Myers Beach, Notice of Serving Verified Answers to Respondent, Florida Department of Environmental Protection's First Set of Interrogatories (filed in Case No. 18-001451).
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Date: 08/17/2018
Proceedings: Petitioners, Florida Audubon Society, Inc., and Town of Ft. Myers Beach, Witness Disclosure (filed in Case No. 18-001451).
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Date: 08/17/2018
Proceedings: Respondents', Texas HoldEm, LLC and Squeeze Me Inn, LLC's Final Witness Disclosure filed.
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Date: 08/17/2018
Proceedings: Department of Environmental Protection's Witness List filed.
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Date: 08/17/2018
Proceedings: Order Denying Motion in Limine with Conditions.
Date: 08/17/2018
Proceedings: CASE STATUS: Pre-Hearing Conference Held.
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Date: 08/16/2018
Proceedings: Motion In Limine to Preclude Seth Behn from Testifying at the Final Hearing filed.
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Date: 08/14/2018
Proceedings: Motion for Telephonic Deposition (Seth Behn) filed.
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Date: 08/13/2018
Proceedings: Motion for Telephonic Deposition (Alex Reed) filed.
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Date: 08/09/2018
Proceedings: Notice of Telephonic Case Management Conference (status conference set for August 17, 2018; 10:00 a.m.).
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Date: 08/09/2018
Proceedings: Notice of Taking Telephonic Deposition Duces Tecum (Robert Young) filed.
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Date: 08/09/2018
Proceedings: Notice of Taking Deposition Duces Tecum (Jason Green) filed.
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Date: 08/08/2018
Proceedings: Squeeze Me Inn, LLC and Texas Hold'Em, LLC's, Request for Copies filed.
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Date: 08/08/2018
Proceedings: Petitioner's, Town of Ft. Myers Beach, Third Request for Production of Documents to Respondents, Texas Holdem, LLC and Squeeze Me Inn, LLC filed.
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Date: 08/08/2018
Proceedings: Petitioner's, Town of Ft. Myers Beach, Second Request for Production of Documents to Respondent, Florida Department of Environmental Protection filed.
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Date: 08/08/2018
Proceedings: Petitioner's, Town of Ft. Myers Beach, Notice of Serving Second Set of Interrogatories to Respondent, Florida Department of Environmental Protection filed.
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Date: 08/08/2018
Proceedings: (Amended) Respondent, Department of Environmental Protection's, Motion Requesting Case Management Conference filed (amended as to date; filed in case 16-7148).
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Date: 08/08/2018
Proceedings: Respondent, Department of Environmental Protection's Motion Requesting Case Management Conference (filed in Case No. 18-002141).
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Date: 08/07/2018
Proceedings: Respondent's Response to Petitioner's Notice of Taking Depositions Pursuant to Florida Rules of Civil Procedure 1.310(B)(6) (filed in Case No. 18-001451).
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Date: 08/07/2018
Proceedings: Notice of Taking Deposition Duces Tecum filed.
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Date: 08/07/2018
Proceedings: Amended Notice of Taking Deposition Duces Tecum filed.
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Date: 08/07/2018
Proceedings: Notice of Taking Deposition of Florida Department of Environmental Protection Pursuant to Florida Rule of Civil Procedure 1.310(b)(6) filed.
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Date: 08/07/2018
Proceedings: Amended Notice of Taking Deposition Duces Tecum filed.
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Date: 08/03/2018
Proceedings: Respondents', Texas Hold'Em, LLC and Squeeze Me Inn, LLC's Amended Expert Witness Disclosure filed.
PDF:
Date: 07/31/2018
Proceedings: Notice of Taking Deposition Duces Tecum and Notice of Taking Deposition of Florida Department of Environmental Protection Pursuant to Florida Rule of Civil Procedure 1.310(b)(6) (Alex Reed) filed.
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Date: 07/31/2018
Proceedings: Order Granting Leave to Amend.
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Date: 07/31/2018
Proceedings: Notice of Taking Deposition Duces Tecum (Jennifer Cowart) filed.
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Date: 07/31/2018
Proceedings: Notice of Taking Deposition Duces Tecum (Jon Iglehart) filed.
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Date: 07/31/2018
Proceedings: Notice of Taking Deposition Duces Tecum (Eddie Rood) filed.
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Date: 07/31/2018
Proceedings: Notice of Taking Deposition Duces Tecum (Kurt Kroemer) filed.
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Date: 07/31/2018
Proceedings: Notice of Taking Deposition Duces Tecum (Valerie Jones) filed.
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Date: 07/26/2018
Proceedings: Notice of Taking Deposition Duces Tecum (filed in Case No. 18-001451).
PDF:
Date: 07/26/2018
Proceedings: Notice of Taking Deposition Duces Tecum and Notice of Taking Deposition of Florida Department of Environmental Protection Pursuant to Florida Rule of Civil Procedure 1.310(b)(6) (filed in Case No. 18-001451).
PDF:
Date: 07/26/2018
Proceedings: Notice of Taking Deposition Duces Tecum (filed in Case No. 18-001451).
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Date: 07/26/2018
Proceedings: Notice of Taking Deposition Duces Tecum (filed in Case No. 18-001451).
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Date: 07/24/2018
Proceedings: Respondent, Department of Environmental Protection's, Notice of Receipt of Petitions Requesting an Administrative Hearing (filed in Case No. 18-002141).
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Date: 07/23/2018
Proceedings: Petitioners', Florida Audubon Society, Inc. and Town of Ft. Myers Beach, Expert Witness Disclosure filed.
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Date: 07/20/2018
Proceedings: Notice and Certificate of Service of Respondent, Department of Environmental Protection's, First Set of Interrogatories to Petitioner, Town of Fort Myers Beach, Florida (filed in Case No. 18-002141).
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Date: 07/20/2018
Proceedings: Notice and Certificate of Service of Respondent, Department of Environmental Protection's, First Set of Interrogatories to Petitioner, Florida Audubon Society, Inc. (filed in Case No. 18-002141).
PDF:
Date: 07/20/2018
Proceedings: Notice and Certificate of Service of Respondent, Department of Environmental Protection's, First Set of Interrogatories to Petitioner, Florida Audubon Society, Inc (filed in Case No. 18-002141).
PDF:
Date: 07/20/2018
Proceedings: Respondents', Texas Hold'Em, LLC and Squeeze Me Inn, LLC's Expert Witness Disclosure filed.
PDF:
Date: 06/28/2018
Proceedings: Department of Environmental Protection's, Squeeze Me Inn, LLC's and Texas Holdem, LLC's, Joint Notice of Revisions to Draft Environmental Resource Permit and State Owned Submerged Lands Authorization filed.
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Date: 06/28/2018
Proceedings: Department of Environmental Protection's, Squeeze Me Inn, LLC's and Texas Holdem, LLC's, Joint Notice of Revisions to Draft Environmental Resource Permit and State Owned Submerged Lands Authorization (filed in Case No. 16-007149).
PDF:
Date: 06/01/2018
Proceedings: Petitioner's, Town of Fort Myers Beach, Response to Respondent, Florida Department of Environmental Protection's Second Request for Production of Documents filed.
PDF:
Date: 05/31/2018
Proceedings: Notice of Serving Respondents', Texas Hold'Em, LLC and Squeeze Me Inn, LLC's Answers to Petitioner,Town of Ft. Myers Beach's First Set of Interrogatories filed.
PDF:
Date: 05/31/2018
Proceedings: Respondents', Texas Hold'Em, LLC and Squeeze Me Inn, LLC's Response to Petitioner, Town of Ft. Myers Beach's Second Request for Production of Documents filed.
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Date: 05/31/2018
Proceedings: Respondents', Texas Hold'Em, LLC and Squeeze Me Inn, LLC's Response to Petitioner, Town of Ft. Myers Beach's Request for Admissions filed.
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Date: 05/31/2018
Proceedings: Respondents', Texas Hold'Em, LLC and Squeeze Me Inn, LLC's Response to Petitioner, Town of Ft. Myers Beach's First Request for Production of Documents filed.
PDF:
Date: 05/29/2018
Proceedings: Petitioner, Florida Audubon Society's, Notice of Serving Verified Answers to Respondent, Florida Department of Environmental Protection's First Set of Interrogatories filed.
PDF:
Date: 05/29/2018
Proceedings: Petitioner, Florida Audubon Society's, Response to Respondent, Florida Department of Environmental Protection's First Request for Production of Documents filed.
PDF:
Date: 05/29/2018
Proceedings: Petitioner's, Town of Fort Myers Beach, Response to Respondent, Florida Department of Environmental Protection's First Request for Production of Documents filed.
PDF:
Date: 05/29/2018
Proceedings: Petitioner's, Town of Fort Myers Beach, Notice of Serving Verified Answers to Respondent, Florida Department of Environmental Protection's First Set of Interrogatories filed.
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Date: 05/22/2018
Proceedings: Order Granting Motion to Withdraw.
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Date: 05/21/2018
Proceedings: Pamela Jo Hatley's Motion to Withdraw as Counsel filed.
PDF:
Date: 05/18/2018
Proceedings: Department of Environmental Protection's Response to Town of Fort Myers Beach's First Request for Production of Documents (filed in Case No. 18-001451).
PDF:
Date: 05/17/2018
Proceedings: Department of Environmental Protection's Notice of Serving Answers to Town of Fort Myers Beach Florida's First Set of Interrogatories (filed in 16-7148)
PDF:
Date: 05/17/2018
Proceedings: Department of Environmental Protection's Notice of Serving Answers to Town of Fort Myers Beach Florida's First Set of Interrogatories (filed in Case No. 16-007149).
PDF:
Date: 05/17/2018
Proceedings: Department of Environmental Protection's Notice of Serving Answers to Town of Fort Myers Beach Florida's First Set of Interrogatories (filed in Case No. 18-001451).
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Date: 05/17/2018
Proceedings: Department of Environmental Protection's Notice of Serving Answers to Town of Fort Myers Beach Florida's First Set of Interrogatories (filed in 18-2141). Department of Environmental Protection's Notice of Serving Answers to Town of Fort Myers Beach Florida's First Set of Interrogatories (filed in Case No. 18-002141) (filed in Case No. 18-002141).
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Date: 05/17/2018
Proceedings: Notice of Hearing (filed in Case No. 18-002141). FILED IN ERROR.
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Date: 05/15/2018
Proceedings: Notice of Cancelling Deposition of Florida Department of Environmental Protection Pursuant to Florida Rule of Civil Procedure 1.310(b)(6) (filed in Case No. 18-001451).
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Date: 05/10/2018
Proceedings: Order Modifying Order of Pre-hearing Instructions.
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Date: 05/10/2018
Proceedings: Order on Outstanding Motions.
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Date: 05/10/2018
Proceedings: Order Canceling Hearing (parties to advise status by September 18, 2018).
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Date: 05/10/2018
Proceedings: Notice of Hearing (hearing set for September 18 through 21, 2018; 9:00 a.m.; Fort Myers, FL).
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Date: 05/10/2018
Proceedings: Order of Consolidation (DOAH Case Nos. 18-1451, 18-2141).
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Date: 05/08/2018
Proceedings: Department's Response to Initial Order filed.
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Date: 05/01/2018
Proceedings: Initial Order.
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Date: 04/27/2018
Proceedings: Agency action letter filed.
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Date: 04/27/2018
Proceedings: Petition for Administrative Hearing (Florida Audubon Society, Inc.) filed.
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Date: 04/27/2018
Proceedings: Petition for Administrative Hearing (Town of Fort Myers Beach, Florida) filed.
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Date: 04/27/2018
Proceedings: Request for Assignment of Administrative Law Judge and Notice of Preservation of Record filed.
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Date: 03/30/2018
Proceedings: Order of Pre-hearing Instructions.
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Date: 05/24/2017
Proceedings: Pettioner's Amended Motion(s) to Intervene/Continue with "Quiet Title" Action filed.

Case Information

Judge:
E. GARY EARLY
Date Filed:
04/27/2018
Date Assignment:
05/01/2018
Last Docket Entry:
05/09/2019
Location:
Fort Myers, Florida
District:
Middle
Agency:
ADOPTED IN PART OR MODIFIED
 

Counsels