case name: fec vs. terrence pinder fec no .. 06-387 ......tanya cuyler eric m. lipman, esq. ben p....
TRANSCRIPT
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CASE NAME:
CASE NUMBER(S):
INVESTIGATOR:
ATTORNEY FOR FEC:
OPPOSING A HORNEY & PHONE NUMBER:
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FEC vs. Terrence Pinder
FEC No .. 06-387; DOAH No .. 07-4902
Tanya Cuyler
Eric M. Lipman, Esq.
Ben P. Kuehne, Esq. Sale & Kuehne, P .. A .. BankAmerica Tower, Suite 3550 100 Southeast Second Street Miami, FL 33131 305-789-5989-Phone 305-789-5987 -Fax
23 9/26/08 Petitioner's Response to 9/10/08 Order and Request for En I of Time to Submit Dates
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26 10/10/08 Order Re-Scheduling Hearing_(3/23-3/27 @_9:00a.m. in Miami) 27 1/8/09 Order Regarding Dispositive Motions 28 1/9/09 Order Scheduling Pre-Hearing Telephone Conference 29 2/13/09 Respondent's Unopposed Motion for Status Conference for
Purpose of Discussing Trial Dates and Resetting Dispositive Motions Deadline
30 2/26/09 Order Granting Continuance 31 4/2/09 Respondent's Unopposed Motion to Set Additional Status
Conference for Purpose of Discussing Trial Dates and Resetting Dispositive Motions Deadline
32 4/7/09 Order Requiring Response (Advise by 6/9/09) 33 517/09 Motion to Withdraw 34 5/15/09 Order Granting Leave to Withdraw 35 6/12/09 Joint Status Report and Request for Telephonic Status
Conference to Discuss Trial Dates and Resetting Dispositive Motions Deadline
36 12/1/09 Order to Show Cause (Advise By 12/11/09) 37 12/14/09 Joint Response to Order to Show Cause 38 12/14/09 Order Re-Scheduling Hearing (9/13-9/17 @9:00a.m. in Miami) 39 7/23/10 Joint Status Report and Request for Telephonic Status
Conference to Continue Trial Date 40 7/30/10 Order Granting Continuance and Re-Scheduling Hearing (12/13-
12/17@ 9:00a.m. in Miami) 41 7/30/10 Order Regarding Dis()_ositive Motions 42 12/10/10 Joint Status Report and Request for Telephonic Status
Conference to Continue Trial Date 43 12/13/10 Order Granting Continuance 44 3/8/11 Order Requiring Response (Advise By 3/22/11) 45 4/26/11 Order Regarding Dispositive Motions 46 4/26/11 Order Re-Scheduling Hearing by Video Teleconference (1 0/18-
10/21 @ 9:00 a.m. in Miami & TLH) 47 9/23/11 Order Requiring Response (Advise By 9/29/11) 48 9/28/11 Joint Status Report and Request for Telephonic Status
Conference to Specially Set Trial Date 49 10/7/11 Order Granting Continuance and Re-Scheduling Hearing By
Video Teleconference (12/20-12-23@ 9:00a.m. in MIA & tLH) 50 11/28/11 Joint Status Report and Request for Telephonic Status
conference to Specially Set Trial Date 51 12/8/11 Order Granting Continuance and Re-Scheduling Hearing (3/13-
3/16@ 9:00a.m. in Miami) 52 1/12/12 Request for Production of Documents 53 1/12/12 Notice of Service of /and Petitioner's Second Set of
Interrogatories 54 2/3/12 Notice of Appearance of Co-Counsel (Josh Moye) 55 2/20/12 Agreed Motion to Relinquish Jurisdiction 56 2/21/12 Order Closing File
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STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA ELECTIONS COMMISSION,
Petitioner,
vs .. Case No. 07-4902
TERENCE K .. PINDER,
Respondent ..
ORDER CLOSING FILE
This cause having come before the undersigned on Petitioner's Agreed Motion to Relinquish Jurisdiction, filed February 20, 2012, and the undersigned being fully advised, it is, therefore,
ORDERED that:
1.. The final hearing scheduled for March 13 through 16, 2012, is canceled.
2.. The file of the Division of Administrative Hearings is closed.
DONE AND ORDERED this 21st day of February, 2012, in Tallahassee, Leon County, Florida.
ERROL H.. POWELL Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www .. doah .. state .. fl .. us
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Filed with the Clerk of the Division of Administrative Hearings this 21st day of February, 2012
COPIES FURNISHED:
Ben~dict P. Kuehne, Esquire Sale and Kuehne, P.A. BankAmerica Tower, Suite 3550 100 Southeast Second Street Miami, florida 33131-2154 [email protected]
Joshua B. Moye, Esquire Florida Elections Commission 107 West Gaines Street Tallahassee, Florida 32399 [email protected]
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Co,rfirmation Page I I
Division of Administrative Hearings eALJ
File ~ Docket Document
File Reports 120.53
n=
e-Filing Confirmation Your Document in this case has been filed.
120.53 Filings
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Case No .. : 07-004902 Judge: E .. H .. Powell
FLORIDA ELECTIONS COMMISSION vs
TERENCE K. PINDER
Claudia Llado, Clerk
Filer: Donna Malphms
Bar No.:
EMail: [email protected]
Document: Agreed Motion to Relinquish Jurisdiction
Date Filed: 02/20/2012
Time 04:31
Filed:
NOTE: A party who files by electronic transmission is responsible for· any delay, disruption, or interr·uption of
the electronic signals and accepts the risk that the document may not be properly filed with the Clerk as a
result ..
http://www doah.state fl us/eALJ/Success.aspx?Case!D=92341&DocketiD=I769741 2/20/2012
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STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS
Florida Elections Commission,
Petitioner·, v. Doah Case Nos.: 07-4902
Agency Case Nos.: FEC 06-387
Terence K. Pinder,
Respondent.
-------------------------------·' AGREED MOTION TO RELINQUISH JURISDICTION
COMES NOW, Petitioner, FLORIDA ELECTIONS COMMISSION ("Commission"
or "FEC''), by and through undersigned counsel and files its Agreed Motion to Relinquish
Jmisdiction in this mattet.. In support of its motion, the Commission states as follows:
L The matter is cmrently scheduled to be heard on March 13 through 16, 2012 in
Miami, Florida.
2 Petitioner and Respondent have .reached a settlement
3 Petitioner and Respondent have discussed this motion and counsel for Respondent
has no objections to relinquishing jmisdiction in this mattet..
WHEREFORE, Petitioner requests that the Administrative Law Judge grarrt the Agreed
Motion to Relinquish Jmisdiction and enter an Order relinquishing jmisdiction in this matter
Respectfully submitted,
oye, Assistant General Counsel 0 .. 0031391
est Gaines Street, Suite 224 Tallahassee, FL 32399-1050 Office (850) 922-4539 Fax (850) 921-0783
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a tlue and conect copy of the foregoing has been provided
by email, and by US .. Mail to Sale & Kuehne, P A, BankAme1ica Tower, Suite 3550, 100
Southeast Second Street, Miami, Florida, this 20th day ofFebmaiy, 2012.
Joua,oye
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STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS
Florida Elections Commission,
Petitioner, v .. Doah Case Nos .. : 07-4902
Agency Case Nos.: FEC 06-387
I ex ence K Pinder,
Respondent. ________________________________ .!
AGREED MOTION TO RELINQUISH JURISDICTION
COMES NOW, Petitioner, FLORIDA ELECTIONS COMMISSION ("Commission"
or "FEC"), by and through undersigned counsel and files its Agreed Motion to Relinquish
Jurisdiction in this matter .. In supp01t of its motion, the Commission states as follows:
I The matter is cunently scheduled to be heard on Mmch 13 through 16, 2012 in
Miami, Florida
2 Petitioner and Respondent have reached a settlement
3 Petitioner and Respondent have discussed this motion and counsel for Respondent
has no objections to relinquishing jurisdiction in this matter
WHEREFORE, Petitioner requests that the Administrative Law Judge grant the Agreed
Motion to Relinquish Jurisdiction and enter an Order relinquishing jmisdiction in this matter
Respectfully submitted,
Jos ua B oye, Assistant General Counsel Fla .. Bar o 0031391 1 07 est Gaines Street, Suite 224 Tallahassee, FL 32399-1050 Office (850) 922-4539 Fax (850) 921-0783
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the fcnegoing has been provided
by email, and by US Mail to Sale & Kuehne, P A, BankAmerica Tower, Suite 3550, 100
Southeast Second Street, Miami, Florida, this 20'h day ofFebrumy, 2012
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STATE OF FLORIDA
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DIVISION OF ADMINISTRATIVE HEARINGS
Florida Elections Commission, Petitioner,
v.
Tenence Pinder, Respondent.
DOAH Case No.: 07-4902 Agency Case No.: FEC 06-387
--------------------------~' NOTICE OF APPEARANCE OF CO-COUNSEL
NOTICE IS GIVEN that Joshua B Moye, Assistant General Counsel, Florida Elections
Commission, appears in the above-styled case as co-counsel for the Commission and requests
that he be served with copies of all pleadings, motions, orders and other documents filed in this
proceeding
Respectfully submitted this 3rd day of February 2012
Doah004 (10/04)
.. Moye, Assistant General Counsel rid lections Commission
1 7 W. Gaines Street Collins Building, Suite 224 I allahassee, FL 32399-1050 Phone Number: (850) 922-4539 Fax Number: (850) 921-0783 Florida Bar No 0031391
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a tme and correct copy of the foregoing has been provided
via US. Mail to: Ben P Kuehne, Esq.., Sale & Kuehne, P A, BankAmerica Tower, Suite 3550,
100 Southeast Second Street, Miami, Florida 33131, this 3'd day of February 2012 ..
Doah004 (10/04)
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STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA ELECTIONS COMMISSION, Petitioner,
v. DOAH No. 07-4902 Agency Case No .. : 06-387
TERENCE K. PINDER, Respondent.
----------------------~/ NOTICE OF SERVICE OF PETITIONER'S SECOND
SET OF INTERROGATORIES
I o: I erence K Pinder c/o Benedict P Kuehne, Esquire BankAmerica I ower, Suite 3550 100 Southeast Second Stieet Miami, FL
I HEREBY CERTIFY that an original and one copy of Petitioner's Second Set of
Interrogatories numbered 1 through 6, and a copy of this notice have been furnished to the above
named individual, by U.S. Mail, Electronic Mail and Facsimile on this 1'2-~.!;. day of January
2012.
Respectfully submitted,
Oo315'll
~, / Er c M. ipman, General Counsel F I rida lections Commission 107 West Gaines Street, Suite 224 Tallahassee, FL 32399-1050 Office (850) 922-4539 Fax (850) 921-0783 Fl01ida Bar No .. 958247
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STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA ELECTIONS COMMISSION, Petitioner,
v.
TERENCE K. PINDER, Respondent.
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DOAH Case No.: 07-004902 Agency Case No. : 06-387
PETITIONER'S SECOND SET OF INTERROGATORIES
TO: Terence K Pinder c/o Benedict P Kuehne, Esquire BankAmerica Tower, Suite 3550 I 00 Southeast Second Street Miami,FL 33131
Petitioner, Florida Elections Commission, through lmdersigned counsel, propounds the
following Interrogatories to Respondent, I erence K Pinder, through their colmsel in this cause,
in accordance with Rule 28-106.206, Florida Administrative Code, and Rule 1340, Florida
Rules of Civil Procedure. These Intenogatories must be answered in writing, signed under oath,
and returned to Eric M Lipman, Esquire, Florida Elections Commission, Room 224, The Collins
Building, 107 West Gaines Street, Tallahassee, FL 32399-1050, within thirty (30) days after
service
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1 Please state the full name, address, job title, and present employer of each person
answering or who assisted in answering these InteHogatories on behalf of Respondent
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2 Please provide an updated list of the full name, current address, telephone number,
qualifications, and present employment of each person who Respondent expects to call as an
expert witness at the formal hearing of this case, the subject matter on which such expert is
expected to testify, the substance of the facts and opinions to which each such expert is expected
to testify, and a summary of the grounds for each opinion expected to be expressed by such
expert
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3 Please provide an updated list of the name, address and telephone number of each person,
including experts, having any knowledge of the relevant facts relating to the allegations
contained in the probable cause order of the FEC in this case
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4.. Please pwvide an updated list of the name, address and telephone number of each person
who Respondent expects to call as a witness at the formal hearing in this case and a brief
description of the subject matter upon which such person will testifY
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5. Please state completely and fully all representation, statements, declarations or
admissions made by the Petitioner or any agents, servants, or employees of the Petitioner, which
Respondent might attempt to introduce at the formal hearing of this case
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6. Please provide an updated list of the identify of each document that Respondent expects
or anticipates introducing at the final hearing in this cause
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STATE OF FLORIDA COUNTY OF MIAMI-DADE
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I erence K. Pinder, being duly sworn upon his oath deposes and says:
I am Terence K Pinder, the Respondent in this action. I have read the intenogatories served
upon me by the Petitioner; and the foregoing answers to those intenogatories are true and correct
according to the best ofmy knowledge
Signatme of Affiant
Signature of Officer Authorized to Administer Oaths or Notary Public
Subscribed and sworn befOre me this day of
2012 Print, Type, or Stamp Commissioned Name of Notary Public
Personally Known ___ or Produced Identification __ _
Type of Identification Produced:-----------
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Division of Administrative Hearings eALJ
Case Daily !,ill~
Case D~"k0• ~ =&.
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TO:
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FLORIDA ELECTIONS COMMISSION
107 WEST GAINES STREET
THE COLLINS BLDG , SUITE 224
TALLAHASSEE, FLORIDA 32399
850-922-4539 TELEPHONE
850-921-0783 FACSIMILE
FACSIMILE TRANSMITTAL SHEET
FROM:
Ben Kuehne, Esq Eric M. Lipman, Esq. COMPANY: DATE:
1/12/12 FAX NUMBER TOTAL NO OF PAGES INCLUDING COVER:
305-789-5987 11 PHONE NUMBER: SENDER'S REFERENCE NUMBER:
RE: SENDER'S PHONE NUMBER:
850-922-4539
0 URGENT 0 FOR REVIEW 0 PLEASE COMMENT 0 PLEASE REPLY 0 PLEASE RECYCLE
NOTES/COMMENTS:
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DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE
( ( ~---------------------~
TRANSMISSION VERIFICATION REPORT
01/12 17:23 513057895987 00:01:25 11 OK STANDARD ECM
TIME NAME FAX TEL SER .. !I
01/12/2012 17:25 FL ELECTION COMM 8509210783 8509224539 BROF5J288120
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To: Ben [email protected], Cc: Bee: Subject: FEC vs. Pinder
Good afternoon Mr Kuehne:
Attached please find Request for Production of Documents and Notice of Service of/and Petitioner's Second Set of Interrogatories Hard copy will follow by mail. Thanks.
l£ilill"" J-
12-01-12 Request for Production of Documents .pdf &11\;0i
J-12-01-12 Notice of Service of and Petitioner's Second Set of Interrogatories .pdf
Wendi Brown, Paralegal Specialist Florida Elections Commission 107 West Gaines Street Collins Building, Suite 224 Tallahassee, Florida 32399 Phone: 850-922-4539 Facsimile: 850-921-0783
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STATE OF FLORIDA DIVISION OF ADMINSTRATIVE HEARINGS
FLORIDA ELECliONS COMMISSION, PETITIONER,
v. DOAH CASE No.: 07-004902 AGENCY CASE No.: FEC 06-387
TERENCE K. PINDER, RESPONDENT.
-----------------------------' REQUEST FOR PRODUCTION OF DOCUMENTS
TO: I erence K. Pinder c/o Benedict P Kuehne, Esq .. BankAmerica Tower, Suite 3550 I 00 Southeast Second Street Miami, Florida 33131
PLEASE TAKE NOTICE that Petitioner, Florida Elections Commission, pmsuant to Rule 1.350, Florida Rules of Civil Pwcedme, requests Respondent to produce and to permit Petitioner to inspect and copy the following documents:
I Any and all documents including transcripts of depositions, pleadings, letters, memoranda, notes, phone logs, and any other documentation relating to the above referenced election law case ..
2 Copies of any and all documents listed in response to Intenogatory Number 6 of Petitioner's Second Set oflntenogatories to Respondent
CERTIFICATE OF SERVICE
I certify that a copy hereof has been furnished to Benedict P Kuehne, Esq at BankAmerica Tower, Suite 3550, 100 Southeast Second Street, Miami, Florida 33131 by US .. Mail, Electronic Mail and Facsimile this 12 '
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Confirmation Page ' I
Division of Administrative Hearings eALJ
Case Daily J.ill ~
Case Docket File Document
File New M.v ~ Subpoenas ~
e-Filing Confirmation Your Document in this case has been filed.
Page I of I
Documents received after 5:00 p.m.(ET) will be time-stamped for the next business day .. You may print this page for your records.
Case No .. : 07-004902 Judge: E .. H .. Powell
FLORIDA ELECTIONS COMMISSION vs
TERENCE K .. PINDER
Claudia Llado, Clerk
Filer: Eric Lipman
BarNo.: 0958247
EMail: [email protected]
Document: Request for Production of Documents
Date Filed: 01112/2012
Time Filed: 04:04
NOTE: A party who files by electmnic transmission is responsible for any delay, disruption, or· interruption of
the electronic signals and accepts the risk that the document may not be pl'operly filed with the Clel'k as a
result ..
http:/ /www.doah .state .. fl us/eALJ/Success aspx?CaseiD=92341 &DocketiD= 1762061 1/12/2012
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STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA ELECTIONS COMMISSION,
Petitioner,
vs. Case No. 07-4902
TERENCE K. PINDER,
Respondent.
ORDER GRANTING CONTINUANCE AND RE-SCHEDULING HEARING
This cause having come before the undersigned on the parties' Joint Status Report and Request for Telephonic Status Conference to Specifically Set Trial Dates, filed Novembe:r 28, 2011, and a telephone motion hearing being held on December 7, 2011, and the undersigned being fully advised, it is, therefore,
ORDERED that:
1. The motion is granted, and the final hearing scheduled for December 20 through 23, 2011, is canceled.
2. This cause is :re-scheduled for final hearing on March 13 through 16, 2012, at 9:00a.m., at the Dade County Cou:rthouse, report to Room 911 for room assignment, 73 West Flagler Street, i!ocrn 911, Miami, Florida. Continuances will be granted only by order of the Administrative Law Judge for good cause shown. railurc to appear at this hearing may be grounds fo:r closure of the iile without further proceedings.
3. Except as modified herein, all other p:rovisions of the first Notice of Hearing and of the Order of Pre-hearing Instructions shall remain in full force and effect.
4. All swbpocnas previously issued and served shall remain in full force and effect for the re-scheduled hearing date as to any witness who is provided with a copy of this O:rder.
5. lhe agc~cv s~all be responsible for preserving the testimony '" the : 'r·rJ.·. hcoarj_ng.. Fla. Admin. Code R. 28-106.214.
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DONE AND ORDERED this 8th day of December, 2011, in Tallahassee, Leon County, Florida.
COPIES FlJRNISHED:
Er·ic M,. Lipman, esquire Florida Elections Commission 107 West Gaines Street Collins Building, Suite 224 Tallahassee, Florida 32 399
Benedict P. Kuehne, Esquire Sale and Kuehne, P A. BankAmerica Tower, Suite .3550 100 Southeast Second Street Miami, Florida 33131-2154
ROOM CON c ';: ·:; T ICcJ CO?Y:
Anna Rodrig1 .. :cz Dade County Cour::ho11:3e
ERROL H.. POWELL Administrative Law Judge Division of Administ:rative Hearings The DeSoto Building 12.30 Apalachee Pa:rkway Tallahassee, Flo:rida 32.399-3060 (850) 488-9675 Fax Filing (850) 921-684 7 www .. do a h .. state. fl .. us
Filed with the Clerk of the Division of Administrative Hearings this 8th day of December, 2011.
7.3 West Flagler Slrc::t, Room 900 Miami, flori:.:ia .5.3L: (305) 349- '692
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In accordance with the Americans with Disabilities Act, persons needing a special accommodation to participate in this proceeding should contact the Judge's secretary no later than seven days prior to t:he he a ring. The Judge's secretary may be contacted at the address or telephone numbers above, via 1-800-955-8771 (TDD), or 1-800-955-8770 (Voice) Florida Relay Service.
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STATE OF FLORIDA ~~ DIVISION OF ADMINISTRATIVE HEARINGS
- ..... o,.., ::1: (1)0
FLORIDA ELECTIONS COMMISSION, Petitioner,
v.
TERENCE K. PINDER, Respondent.
----------------------~'
..,., n . ., or· ;;o ..:..;;u
DOAH No. 07-4902 ~o Agency Case No. FEC06-a:B1"
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JOINT STATUS REPORT AND REQUEST FOR TELEPHONIC STATUS CONFERENCE TO SPECIALLY SET TRIAL DATE
Petitioner Flmida Elections Commission and Respondent I erence K Pinder submit this
Joint Status Report requesting a further telephonic status conference for the purpose of
rescheduling a trial date since the underlying criminal case has not yet been resolved,
notwithstanding efforts to do so by this time .. It appears the underlying criminal case should be
resolved by year end or early next year The parties reasonably believe the case can be ready to
try at some point in the early months of 2012 Accordingly, the parties ask this court to schedule
a telephonic conference to reset the administrative trial since the case will not be trial ready the
week of December 19, 2011
I . Respondent, a former public official, is currently facing criminal charges arising
from facts forming the basis of the administrative election law charges. The criminal charges are
lodged in two criminal cases as State of Florida v. Terence K. Pinder, Circuit Court Case Nos
F06-39719 & F07-025152 (Miami-Dade County). Respondent's criminal case identified as F06-
39719 is nearing completion, with the State of Flmida having announced an intention to nolle
prosse all criminal charges, and a refenal of the case fm administrative resolution with the
Miami-Dade County Commission on Ethics & Public I rust That resolution is now expected to
occur by year end, or the early part of January 2012 Although Circuit Case No. F07-025152
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remains pending, it appears Respondent will be able to move f01ward on this FEC case without
compromising his constitutional rights attendant to the still-pending criminal case
2 With the anticipated resolution of Circuit Case No .. F06-39719 by year end, the
parties are not able to proceed to trial in December, and therefore request a resetting of the trial
for the early part of 2012. Moreover, with the resolution of the underlying criminal case nearing
completion, the parties will renew eff01ts to attempt a settlement of this administrative case The
parties therefore request a status conference to discuss the resetting of this case for an
administrative trial
3 Petitioner Florida Elections Commission believes this case should be set for a firm trial
date as soon as possible, and that a case conference is in order to obtain a new administrative
trial date Respondent does not disagree.
S! Eric M Lipman Eric M. Lipman Chief Legal Counsel Florida Bar No 958247 Florida Elections Commission 107 West Gaines Street, Suite 224 Tallahassee, FL 32399-1050 Office (850) 922-4539 Fax (850) 921-0783
Respectfully submitted,
Benedict P Kuehne Florida Bar No. 233293 Miami Tower 100 SE 2"ct Street, Suite 3550 Miami, FL 33131-2154 Phone (305) 789-5989 Fax: (305) 789-5987
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Confirmation Page Page 1 of1
Division of Administrative Hearings eALJ
~ ~ QQl;)sgj; Document
File New ~
e-Filing Confirmation
Subpoenas ~file
Your Document in this case has been filed .. Documents received after 5:00 p.m.(ET) will be time-stamped for the next business day.
You may print this page for· your records.
Case No.: 07-004902 Judge: E. H .. Powell
FLORIDA ELECTIONS COMMISSION vs
'TERENCE K. PINDER
Claudia Llado, Cler·k
Filer: Benedict Kuehne
BarNo.: 0233293
EMail: [email protected]
Joint Status Report and
Document: Request for Telephonic Status Conference to Continue Trial Date
Date 11/28/2011 Filed:
Time 12:33
Filed:
NOTE: A party who files by electronic transmission is responsible for any delay, disruption, or interruption of
the electronic signals and accepts the risk that the document may not be properly filed with the Clerk as a
result.
I"'\ ~ ::0 ~(/) -e>-' ~ rn ::-e. C> c::>rn ... ~ rn CP -(") """ .< c::>r- -o ~~ rn
ti)6 !':? 0 ':!J."P uJ c::> ;z;. (j"
http:/ /www .. doah .. state.flus/ eALJ/Success .. aspx?CaseiD=92341 &DocketiD, 11/28/20 11
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STATE OF FLORIDA
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DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA ELECTIONS COMMISSION,
Petitioner,
vs. Case No .. 07-4902
TERENCE K. PINDER,
Respondent.
ORDER GRANTING CONTINUANCE AND RE-SCHEDULING HEARING BY VIDEO TELECONFERENCE
This cause having come before the undersigned on the parties' Joint Status Report and Request for Telephonic Status Conference to Specifically Set Trial Date, filed September 28, 2011, a telephone conference having been conducted on October 6, 2011, and the undersigned having reviewed the record in this cause, it is, therefore,
ORDERED that:
1. The motion is granted, and the final hearing scheduled for October 18 through 21, 2011, is canceled.
2. This cause is re-scheduled for final hearing on December 20 through 23, 2011, at 9:00 a.m., or as soon thereafter as can be heard by video teleconference at sites in Miami and Tallahassee, Florida. The Miami site will be at the Office of the Judges of Compensation Claims, Video Room 1, 401 Northwest Second Avenue, Suite N-918.. The Tallahassee site will be at the Division of Administrative Hearings, Hearing Room 8, the DeSoto Building, 1230 Apalachee Parkway. Witnesses, parties, representatives, and/or attorneys may report to either site.. The Administrative Law Judge will be at the Tallahassee site. Continuances will be granted only by order of the Administrative Law Judge for good cause shown. Failure to appear at this hearing may be grounds for closure of the file without further proceedings.
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3. Except as modified herein, all other provisions of the first Notice of Hearing and of the Order of Pre-hearing Instructions shall remain in full force and effect.
4. All subpoenas previously issued and served shall remain in full force and effect for the re-scheduled hearing date as to any witness who is provided with a copy of this Order.
5. No later than five days before the scheduled hearing, the parties shall provide the Administrative Law Judge with copies of all of the exhibits by mail that the parties intend to offer into evidence during the final hearing.. The exhibits shall be numbered, paginated, and accompanied by an exhibit list. A notice of filing the proposed exhibits shall be filed electronically and shall be served on all parties. The exhibits, along with a one-page coversheet, shall be submitted by mail and state that they are being submitted to the Administrative Law Judge. Only the notice of filing and the one-page coversheet will appear on the docket.. The exhibits will not be considered until they are admitted into evidence during the final hearing.
6. The agency shall be responsible for preserving the testimony at the final hearing. The court reporter, if one is used, will be at the Miami site. If a court reporter is not used, the agency shall arrange for a notary public to be at the Miami site, and all witnesses who testify at the Miami site shall be sworn in by a notary public, with a written confirmation of the oath filed after the hearing.. Fla .. Admin. CodeR 28-106.213(5) (b).
DONE AND ORDERED this 7th day of October, 2011, in Tallahassee, Leon County, florida.
ERROL H. POWELL Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, florida 32399-3060 (850) 488-9675 Fax filing (850) 921-6847 www.doah.state.fl.us
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COPIES FURNISHED:
Eric M. Lipman, Esquire Florida Elections Commission Collins Building, Suite 224 Tallahassee, Florida 32399
Benedict P .. Kuehne, Esquire Sale and Kuehne, P.A. BankAmerica Tower, Suite 3550 100 Southeast Second Street Miami, Florida 33131-2154
ROOM CONFIRMATION COPY:
Lilly Roque
Filed with the Clerk of the Division of Administrative Hearings this 7th day of October, 2011.
Office of the Judges of Compensation Claims 401 Northwest Second Avenue, Suite 918 Miami, Florida 33128 (305) 377-5413 Ext. 101
In accordance with the Americans with Disabilities Act, persons needing a special accommodation to participate in this proceeding should contact the Judge's secretary no later than seven days prior to the hearing. The Judge's secretary may be contacted at the address or telephone numbers above, via 1-800-955-8771 (TDD), or 1-800-955-8770 (Voice) Florida Relay Service.
3
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STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA ELECTIONS COMMISSION, Petitioner,
v.
TERENCE K. PINDER, Respondent ..
------------------------~/
DOAH No. 07-4902 Agency Case No .. FEC 06- 387
JOINT STATUS REPORT AND REQUEST FOR TELEPHONIC STATUS CONFERENCE TO SPECIALLY SET TRIAL DATE
Petitioner Florida Elections Commission and Respondent I erence K Pinder submit this
Joint Status Report requesting a telephonic status conference for the purpose of scheduling a trial
date now that one of the cases is nearing resolution by a dismissal of the charges and an
administrative settlement The parties reasonably believe the case can be ready to try during the
week of December 19, 2011 .. Accordingly, the parties ask this court to schedule a telephonic
conference to set the administrative trial for a likely date on or about the week of December 19,
2011, or thereafter
1. Respondent, a former public official, is currently facing criminal charges arising
from facts forming the basis of the administrative election law charges. The criminal charges are
lodged in two criminal cases as State of Florida v. Terence K Pinder, Circuit Court Case Nos
F06-39719 & F07-025152 (Miami-Dade County) Respondent's criminal case identified as F06-
39719 is nearing completion, with the State of Florida having announced an intention to nolle
prosse all criminal charges, and a refenal of the case for administrative resolution with the
Miami-Dade County Commission on Ethics & Public I rust That resolution is expected to occur
in October 2011. Although Circuit Case No .. F07-025152 remains pending, it appears
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Respondent will be able to move f01wmd on this FEC case without compromising his
constitutional rights attendant to the still-pending criminal case.
2 With the anticipated resolution of Circuit Case No F06-39719 in October, the
parties reasonably believe an administrative trial can proceed in this case during the week of
December 19, 2011, or at a time thereafter The parties therefore request a status conference to
discuss the setting of this case for an administrative trial
3. Petitioner Florida Elections Commission believes this case should be set for a firm trial
date during the week of December 19, 2011, and that a case conference is in order to obtain a
new administrative trial date .. Respondent does not disagree ..
Eric M Lipman Chief Legal Counsel Florida Bar No. 958247 Florida Elections Commission I 07 West Gaines Street, Suite 224 I allahassee, FL 32399-1050 Office (850) 922-4539 Fax (850) 921-0783
Respectfully submitted,
Benedict P Kuehne Florida Bar No 233293 Mimni I ower I 00 SE 2nd Street, Suite 3550 Mimni, FL 33131-2154 Phone (305) 789-5989 Fax: (305) 789-5987
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Confirmation Page (
Division of Administrative Hearings eALJ
Case Docket File Document
File New MY ~ Subpoenas Profile
e-Filing Confirmation Your Document in this case has been filed ..
Page 1 of 1
Documents received after 5:00 p .. m .. (ET} will be time-stamped for the next business day. You may print this page for your r·ecor'ds ..
Case No.: 07-004902 Judge: E .. H .. Powell
FLORIDA ELECTIONS COMMISSION VS
TERENCE K .. PINDER
Claudia Llado, Cler·k
Filer: Eric Lipman
Bar No.: 0958247
EMail: [email protected]
Joint Status Report and Request Document: for Telephonic Status Conference
to Specially Set Trial Date
Date Filed: 09/28/2011
Time Filed: 03:33
NOTE: A party who files by electr·onic transmission is r·esponsible for any delay, disr·uption, or inten·uption of
the electronic signals and accepts the risk that the document may not be properly filed with the Cler·k as a
result ..
http:/ /www.doah state .fl us/eALJ/Success .. aspx?CaseiD=92341 &DocketiD= 17 41146 9/28/2011
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STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA ELECTIONS COMMISSION,
Petitioner,
vs ..
TERENCE K. PINDER,
Respondent.
This matter is through 21, 2011. by the parties for
Case No 07-4902
ORDER REQUIRING RESPONSE
scheduled for final hearing on October 18 A review of the record indicates no activity the year 2011. It is, therefore,
ORDERED that, no later than September 29, 2011, the parties shall advise the undersigned in writing as to the status of this matter ..
DONE AND ORDERED this 23rd day of September, 2011, in Tallahassee, Leon County, Florida.
ERROL H.. POWELL Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www doah.state.fl.us
Filed with the Clerk of the Division of Administrative Hearings this 23rd day of September, 2011.
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COPIES FURNISHED:
Eric M. Lipman, Esquire Florida Elections Commission Collins Building, Suite 224 Tallahassee, Florida 32399
Benedict P. Kuehne, Esquire Sale and Kuehne, P.A. BankAmerica Tower, Suite 3550 100 Southeast Second Street Miami, Florida 33131-2154
2
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STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA ELECTIONS COMMISSION,
Petitioner·,
vs. Case No .. 07-4902
TERENCE K. PINDER,
Respondent ..
ORDER RE-SCHEDULING HEARING BY VIDEO TELECONFERENCE
The parties failed to respond to the Order issued on March 8, 2011. This matter needs to be set for final hearing. It is, therefore,
ORDERED that:
1. This cause is hereby re-scheduled for final hearing on October 18 through 21, 2011 at 9:00a.m., or as soon thereafter as can be heard by video teleconference at sites in Miami and Tallahassee, Florida. The Miami site will be at the Office of the Judges of Compensation Claims, Video Room 1, 401 Northwest Second Avenue, Suite N-918. The Tallahassee site will be at the Division of Administrative Hearings, (,:heck the reception area for hearing room assignment), the DeSoto Building, 1230 Apalachee Parkway.. Witnesses, parties, representatives, and/ or attorneys may report to either site.. The Administrative Law Judge will be at the Tallahassee site.
2. Except as modified herein, all other provisions of the first Notice of Hearing and of the Order of Pre-hearing Instructions shall remain in full force and effect.
3. All subpoenas previously issued and served shall remain in full force and effect for the re-scheduled hearing date as to any witness who is provided with a copy of this Order.
4. The agency shall be responsible for making the necessary arrangements for a court reporter. The court reporter will be at the Miami site.
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DONE AND ORDERED this 26th day of April, 2011, in Tallahassee, Leon County, Florida.
COPIES FURNISHED:
ERROL H.. POWELL Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us
Filed with the Clerk of the Division of Administrative Hearings this 26th day of April, 2011 ..
Eric M .. Lipman, Esquire Florida Elections Commission Collins Building, Suite 224 Tallahassee, Florida 32399
Benedict P. Kuehne, Esquire Sale & Kuehne, P A. BankAmerica Tower, Suite 3550 100 Southeast Second Street Miami, Florida 33131-2154
ROOM CONFIRMATION COPY:
Lilly Roque Office of the Judges of Compensation Claims 401 Northwest Second Avenue, Suite 918 Miami, Florida 33128 (305) 377-5413 Ext. 101
2
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In accordance with the Ame:ricans with Disabilities Act, pe:rsons needing a special accommodation to participate in this proceeding should contact the Judge's secretary no later than seven days prior to the hearing. The Judge's secretary may be contacted at the add:ress or telephone numbe:rs above, via 1-800-955-8771 (TDD), or 1-800-955-8770 (Voice) Florida Relay Service.
3
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STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA ELECTIONS COMMISSION,
Petitioner,
vs. Case No. 07-4902
TERENCE K. PINDER,
Respondent ..
ORDER REGARDING DISPOSITIVE MOTIONS
The final hearing in this matter has been re-scheduled for October 18 through October 21, 2011. All dispositive motions should be filed 30 days before the hearing. Accordingly, it is
ORDERED that all dispositive motions shall be filed no later than September 16, 2011.
DONE AND ORDERED this 26th day of Apiil, 2011, in Tallahassee, Leon County, Florida.
ERROL H.. POWELL Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-684 7 www.doah.state.fl.us
Filed with the Clerk of the Division of Administrative Hearings this 26th day of April, 2011
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COPIES FURNISHED:
Eric M. Lipman, Esquire Flo:dda Elections Commission Collins Building, Suite 224 Tallahassee, Florida 32399
Benedict P. Kuehne, Esquire Sale & Kuehne, P.A .. BankAme:rica Tower, Suite 3550 100 Southeast Second Street Miami, Florida 33131-2154
2
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STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA ELECTIONS COMMISSION,
Petitionei,
vs. Case No. 07-4902
TERENCE K PINDER,
Respondent.
ORDER REQUIRING RESPONSE
By Ordei issued December 13, 2010, among other things, the final hearing in this matter was continued. A Ieview of the Iecoid indicates that this mattei needs to be re-scheduled for final hearing. It is, therefore,
ORDERED that:
1. No later than March 22, 2010, the parties shall confei and advise the undersigned in writing of seveial suggested mutually agreeable dates for re-scheduling the final hearing.
2. Failure of the parties to timely advise the undersigned as directed will result in the undersigned re-scheduling the final hearing without input from the parties.
3. The deadline for filing dispositive motions will be 30 days piior to the beginning date of the final hearing and will be set by separate order.
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DONE AND ORDERED this 8th day of March, 2011, in Tallahassee, Leon County, Florida.
COPIES FURNISHED:
ERROL H. POWELL Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us
Filed with the Clerk of the Division of Administrative Hearings this 8th day of March, 2011.
Eric M. Lipman, Esquire Florida Elections Commission Collins Building, Suite 224 Tallahassee, Florida 32399
Benedict P. Kuehne, Esquire Sale & Kuehne, P.A. BankAmerica Tower, Suite 3550 100 Southeast Second Street Miami, Florida 33131-2154
2
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STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA ELECTIONS COMMISSION,
Petitioner,
vs .. Case No. 07-4902
TERENCE K. PINDER,
Respondent ..
ORDER GRANTING CONTINUANCE
This cause having come before the undersigned on the parties' Joint Status Report and Request for Telephonic Status Conference to Continue Trial Date, filed December 10, 2010, and the undersigned being fully advised, it is, therefore,
ORDERED that:
1. The continuance is hereby granted, and the final hearing in this cause scheduled for· December 13 through 17, 2010, is hereby canceled.
2. The final hearing will be re-scheduled by separate order.
DONE AND ORDERED this 13th day of December, 2010, in Tallahassee, Leon County, Florida.
ERROL H. POWELL Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah state.fl.us
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COPIES FURNISHED:
Eric M .. Lipman, Esquire Florida Elections Commission Collins Building, Suite 224 Tallahassee, Florida 32399
Benedict P. Kuehne, Esquire Sale & Kuehne, P.A. BankAmerica Tower, Suite 3550 100 Southeast Second Street Miami, Florida 33131-2154
Filed with the Clerk of the Division of Administrative Hearings this 13th day of December, 2010.
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STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA ELECTIONS COMMISSION, Petitioner,
v.
TERENCE K. PINDER, Respondent.
______ .!
DOAH No. 07-4902 Agency Case No. FEC06-384
JOINT STATUS REPORT AND REQUEST FOR TELEPHONIC STATUS CONFERENCE TO CONTINUE TRIAL DATE
Petitioner Florida Elections Commission and Respondent I erence K Pinder submit this
Joint Status Repmt requesting a telephonic status conference for the pwpose of discussing
developments in the respondent's underlying criminal case that render respondent unable to
proceed with the now-scheduled administrative trial on December 13-17, 2010.
1 Respondent, a fcHmer public official, is currently facing criminal charges arising
fiom facts that are the basis of the administrative election law charges.. The criminal charges are
lodged as State of Florida v. Terence K Pinder, Circuit Court Case Nos F06-39719 & F07-
025152 (Miami-Dade County). Although respondent's criminal cases were specially set for trial
on November 15, 2010, a conflict of interest issue was raised by the State Attorney that required
Circuit Judge John Thornton, Jr .. to conduct hearings in order to resolve the conflict issue. As a
result of the scheduled hearings, the specially set trials were continued, with the Circuit Court
now having scheduled a December 21, 2010 status conference for the purpose of setting new trial
dates Respondent intends to ask Judge Thornton to set the cases for trial as soon as an opening is
available on the court's trial docket At the present time, the criminal cases are awaiting a trial
schedule
Fil
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2.. Because of the unexpected delay in the resolution of the underlying criminal
cases, the reasons for the scheduled December 13-17, 2010 administrative trial setting have
become more complicated Respondent seeks a continuation of the trial setting and a status
conference after the December 21, 2010 status conference in the criminal cases, in order to
discuss these developments and agree on a t escheduled special setting fell the administrative trial.
Respondent believes a trial setting in this case after the conclusion of the criminal case is
consistent with the interests of justice
3. Petitioner Florida Elections Commission believes this case should be set fot a
firm trial date, and that a case conference is in order to obtain a new administtative tlial date.
~~ -:-::-::-::---==~--·-···-·--
Etic M. Lipman Gene1al Counsel Florida Bar No 958247 Florida Elections Commission 107 West Gaines Street, Suite 224 Tallahassee, FL 32399-1050 Office (850) 922-4539 Fax (850) 921· 0783
Respectfully submitted,
()~ I- (l ,) 17 -~-·--~-~-Benedict P. Kuehne Florida Bat No .. 233293 Miami Tower 100 SE 2"d Street, Suite 3550 Miami, FL33131-2154 Phone (:305) 789·5989 Fax: (305) 789-5987
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STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA ELECTIONS COMMISSION,
Petitioner,
vs. Case No .. 07-4902
TERENCE K. PINDER,
Respondent ..
ORDER REGARDING DISPOSITIVE MOTIONS
On July 28, 2010, a telephone conference was held in this matter. During the telephone conference, the parties agreed, among other things, that all dispositive motions would be filed no later than November 8, 2010.. Accordingly, it is
ORDERED that all dispositive motions shall be filed no later than November 8, 2010 ..
DONE AND ORDERED this 30th day of July, 2010, in Tallahassee, Leon County, Florida ..
ERROL H .. POWELL Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www .. doah .. state. fl .. us
Filed with the Clerk of the Division of Administrative Hearings this 30th day of July, 2010.
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COPIES FURNISHED:
Eric M .. Lipman, Esquire Florida Elections Commission Collins Building, Suite 224 Tallahassee, Florida 32399
Benedict P .. Kuehne, Esquire Sale & Kuehne, P A. BankAmerica Tower, Suite 3550 100 Southeast Second Street Miami, Florida 33131-2154
2
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STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA ELECTIONS COMMISSION, ) ) ) ) ) ) ) ) ) )
Petitioner,
VS .. Case No .. 07-4902
TERENCE K .. PINDER,
Respondent ..
ORDER GRANTING CONTINUANCE AND RE-SCHEDULING HEARING
This cause having come before the undersigned on the parties' Joint Status Report, filed July 23, 2010, and the undersigned being fully advised, it is, therefore,
ORDERED that:
1 .. The final hearing in this cause scheduled fox September 13 through 17, 2010, is hereby canceled ..
2.. This cause is hereby re-scheduled for final heaxing on Decembe:t 13 through 17, 2010, at 9:00 a.m., at the Dade County Courthouse, :teport to Room 911 for room assignment, 73 West Flagler Street, Room 911, Miami, Flo:t ida ..
3 .. Except as modified herein, all other provJ.sJ.ons of the first Notice of Hearing and of the Order of Pre-hearing Instructions shall remain in full foxce and effect.
4 .. All subpoenas previously issued and served shall remain in full force and effect for the re-scheduled hearing date as to any witness who is provided with a copy of this Order ..
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DONE AND ORDERED this 30th day of July, 2010, in Tallahassee, Leon County, Florida ..
COPIES FURNISHED:
Eric M,. Lipman, Esquire Florida Elections Commission Collins Building, Suite 224 Tallahassee, Florida 32399
Benedict P. Kuehne, Esquire Sale & Kuehne, P.A. BankAmerica Tower, Suite 3550 100 Southeast Second Street Miami, Florida 33131-2154
ROOM CONFIRMATION COPY:
Court Administrator Dade County Courthouse
ERROL H.. POWELL Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www. doah. state .. fl .. us
Filed with the Clerk of the Division of Administrative Hearings this 30th day of July, 2010.
73 West Flagler Street, Room 911 Miami, Florida 33130 (305) 349-7002
2
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In accordance with the Americans with Disabilities Act, persons needing a special accommodation to participate in this proceeding should contact the Judge's secretary no later than seven days prior to the hearing.. The Judge's secretary may be contacted at the address or telephone numbers above, via 1-800-955-8771 (TDD), or 1-800-955-8770 (Voice) Florida Relay Service.
3
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' I.
STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA ELECTIONS COMMISSION, Petitioner,
v.
TERENCE K. PINDER, Respondent.
DOAH No. 07-4902 Agency Case No.: FEC06-387
·--------'/
JOINT STATUS REPORT AND REQUEST FOR TELEPHONIC STATUS .CONFERENCE TO CONTINUE TRIAL DATE
Petitioner Florida Elections Commission and Respondent Terence K Pinder submit this
Joint Status Repmt requesting a telephonic status conference in the next 14 days for the purpose
ofresetting the trial date and any dispositive motions deadline ..
L Respondent, a former public official, is currently facing criminal charges arising
from facts that are the basis of the administrative election law charges .. The criminal charges are
lodged as State of Florida v. Terence K Pinder, Circuit Comt Case Nos F06-39719 & F07-
025152 (Miami-Dade County) .. Those criminal charges are scheduled fm trial on August 31,
2010, or September 13, 2010, depending on developments in the case Respondent anticipates
the criminal case to proceed to resolution by the September trial date ..
2.. The Administrative Law Judge previously scheduled a trial in this matter
following the scheduled resolution of the criminal case.. The current trial date in this matter is
the week of September 13, 2010 ..
3 The parties request a telephonic status conference for the purpose ofrescheduling
the trial and the dispositive motions deadline in this case It is likely the case will be ready for
FiiP.d .. lu/v 2.3. 2010 1:·32 PM Divi!:inn of Admini!:trafivP. HP.arina!:.
-
tiial in approximately October2010, depending on the outcome of the September trial date in the
criminal case .
(' . ·e __ ... ~-···-
Eric M. Lipman Chief Legal Counsel Florida Bar No .. 958247 Flo1ida Elections Commission 107 West Gaines Street, Suite 224 Tallahassee, FL 32399-·1050 Office (850) 922-4539 Fax (850) 921 0783
l::iffk Benedict P. Kuehne Florida Bar No .. 233293 Bank of America Tower I 00 SE 2"d Street, Suite 3550 Miami, FL 33131-2154 Phone (305) 789 5989 Fax: (305) 789· 5987
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STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA ELECTIONS COMMISSION,
Petitioner,
vs .. Case No .. 07-4902
TERENCE K .. PINDER,
Respondent ..
ORDER RE-SCHEDULING HEARING
This cause having come before the undersigned on the parties• Joint Response to Order to Show Cause, filed December 11, 2009, and the undersigned having reviewed the record in this cause, it is, therefore,
ORDERED that:
1.. ThiS cause is her·eby re-scheduled for final hearing on September 13 through 17, 2010, at 9:00a.m , at the Dade County Courthouse, report to Room 911 for room assignment, 73 West Flagler Street, Room 911, Miami, Florida.
2 .. Except as modified herein, all other provisions of the first Notice of Hearing and of the Order of Pr·e -hearing Instructions shall remain in full force and effect.
3 .. All subpoenas previously issued and served shall remain in full force and effect for the re-scheduled hearing date as to any witness who is provided with a copy of this Order ..
4. The agency shall be responsible for making the necessary arrangements for a cour·t reporter ..
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DONE AND ORDERED this 14th day of December, 2009, in Tallahassee, Leon County, Flor·ida.
COPIES FURNISHED:
Eric M .. Lipman, Esquire Florida Elections Commission Collins Building, Suite 224 Tallahassee, Florida 32399
ERROL H.. POWELL Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www .. doah. state. fl. us
Filed with the Clerk of the Division of Administrative Hearings this 14th day of December, 2009.
Benedict P. Kuehne, Esquire Sale & Kuehne, P.A BankAmerica Tower, Suite 3550 100 Southeast Second Street Miami, Florida 33131-2154
ROOM CONFIRMATION COPY:
Court Administrator Dade County Courthouse 73 West Flagler Street, Room 911 Miami, Florida 33130 (305) 349-7002
2
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In accordance with the Americans with Disabilities Act, persons needing a special accommodation to participate in this proceeding should contact the Judge's secretary no later than seven days prior to the hearing. The Judge's secretary may be contacted at the address or telephone numbers above, via 1-800-955-8771 (TDD), or 1-800-955-8770 (Voice) Florida Relay Service
3
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STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA ELECTIONS COMMISSION, Petitioner,
v. DOAH No. 07-4902 Agency Case No. FEC06-384
TERENCE K. PINDER, Respondent.
___ !
JOINT RESPONSE TO ORDER TO SHOyY CAUSE
Petitioner FloJida Elections Commission and Respondent I erence K. Pinder file their
joint response to the Administrative Law Judge's (ALJ) December I, 2009 Order to Show Cause,
stating the following
I Respondent, a fmmer public official, is currently facing criminal charges arising
fiom facts that ar·e the basis of the administrative election law charges. The criminal charges are
lodged as State of Florida v Terence K Pinder, Circuit Court Case Nos F06-39719 & F07--
025152 (Miami-Dade County)
2 At an August 25, 2009 status conference, the Administrative Law Judge requested
Respondent's counsel to submit the scheduled dates for Respondent's criminal cases
Respondent's criminal cases were recently scheduled for trial or resolution on June 14, 2010
Respondent believes a trial setting in this case after the conclusion of the criminal case is
consistent with the interests of justice.
3.. Petitioner Florida Elections Commission believes this case should be set for a
firm trial date and dispositive motions deadline without awaiting a resolution of the criminal
cases ..
4 Respondent requested an "Evidentiary Healing of Disputed Facts Before the
Division of Administrative Hearings" on October 22, 2007.. If the Administrative Law Judge
Filtut DP.r.P.mhP.r 11 .. 2009 11.:'40 AM Divi!:inn nf Arlmini5:frafivP. HP.arinrt!: ..
-
closes the Division of Administrative Heating's case, this case will be set for an Inf(mnal
Heming at which both parties will raise disputed issues of material fact This will result in this
case retuming immediately to DO,\H and starting again fiom the beginning. See Mixon v
Department of State Division of Licensing, 686 So 2d 755 (Fla. I" DCA 1997) (if it becomes
apparent dming an Informal Hearing that material facts are in dispute, a formal hearing should be
convened) Such a result vvould be a waste of Commission .. judicial.. and Respondents
resources
5 If the Administrative La" Judge decides not to set firm trial date at this time, the
parties request that this case be held in abe}ancc until a resolution of the criminal case, with
Respondent's counsel responsible for notif) ing the DOAH v. ithin ten days of a resolution of the
criminal case The notification will include dates v.ithin 60-90 days on which both parties and
their counsel me available for a final Hearing If the criminal matter is not resolved by June 30 ..
201 0,. either party may schedule a status conference v\ ith the Administrative Law Judge
lvJvt ·~ :::-:--_· _ Eric M Lipman Chief Legal Counsel Fl01ida Bm No .. 958247 Florida Elections Commission I 07 West Gaines Sttcet, Suite 224 Tallahassee, FL 32399-1050 Office (850) 922-4539 Fax (850) 921-0783
Respecrflrlly submitted,
Benedict P Kuehne Florida Bar No 233293 Bank of America T O'NCt 100 SE 2"d Street, Suite 3550 rvliami, Fl33131-2154 Phone (305) 789-5989 1 ax: (305) 789-5987
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STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA ELECTIONS COMMISSION,
Petitioner,
vs. Case No. 07-4902
TERENCE K. PINDER,
Respondent.
ORDER TO SHOW CAUSE
On August 25, 2009, a telephone conference was held in this matter.. During the telephone conference, among other things, the parties agreed that they would resolve certain discovery matters, including serving answers to outstanding interrogatories, and that dates for re-scheduling the final hearing, after the criminal trial, would be provided to the undersigned.. To date, the parties have failed to file suggested dates for re-scheduling the final hearing.. As pointed out by Petitioner, during the telephone conference, this case has been pending before the Division of Administrative Hearings for two years; and, as pointed out by Respondent, he must protect his right against self-incrimination. Both parties have compelling arguments. The question now arises as to why the file of the Division of Administrative Hearings should not be closed, with leave for either party to request the file be re-opened.. It is, therefore,
ORDERED that:
1.. No later than December 11, 2009, the parties shall show cause as to why the file of the Division of Administrative Hearings should not be closed, with leave for either party to request the file be re-opened.
2. Failure to show cause shall result in the closure of the file of the Division of Administrative Hearings, with leave for either party to request the file be re-opened ..
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DONE AND ORDERED this 1st day of December, 2009, in Tallahassee, Leon County, Florida ..
COPIES FURNISHED:
ERROL H .. POWELL Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www .. doah .. state .. fl .. us
Filed with the Clerk of the Division of Administrative Hearings this 1st day of December, 2009 ..
Eric M .. Lipman, Esquire Florida Elections Commission Collins Building, Suite 224 Tallahassee, Florida 32399
Benedict P. Kuehne, Esquire Sale & Kuehne, P.A. BankAmerica Tower, Suite 3550 100 Southeast Second Street Miami, Florida 33131-2154
2
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STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA ELECTIONS COMMISSION, Petitioner,
vs.
TERENCE K. PINDER, Respondent.
___ !
CASE NO. DOAH 07-4902 FEC 06-387
JOINT STATUS REPORT AND REQUEST FOR TELEPHONIC STATUS CONFERENCE TO DISCUSS TRIAL DATES AND RESETTING
DISPOSITIVE MOTIONS DEADLINE
Respondent Terence K Pinder and Petitioner Florida Elections
Commission submit this Joint Status Report requesting a telephonic status
conference in the next 14 days for the purpose of resetting the trial dates and
the deadline for the submission of dispositive motions .. The parties disagree
as to the appropriate trial setting
1 . As discussed at previous status conferences, Respondent, a
former public official, is currently facing criminal charges arising from the
identical facts that are the basis of the administrative election law charges
The criminal charges are lodged as State of Florida v .. Terence K Pinder,
Circuit Case Nos .. F06-39719 & F0?-025152 (Miami-Dade County) .. Discovery
in that criminal case is still ongoing .. The current trial date is September 15,
FiiP.r/ .. JunP. 12 .. 2009 4:·01 PM Divisinn nf Arlmini.~frativP. HP.arinas ..
-
2009 Respondent believes a trial setting in this case after the conclusion of
the criminal case is consistent with the interests of justice
2 Petitioner Florida Elections Commission believes that this case
should be set for a firm trial date and dispositive motions deadline, without
awaiting a resolution of the criminal case
3.. As the scheduling of this matter requires a discussion of the
parties' respective positions, a status conference within 14 days is consistent
with the ends of justice
FLORIDA ELECTIONS COMMISSION 1 07 W Gaines Street, Suite 224 Tallahassee, FL. 32399-1050 Telephone: 850 922.4539 Eric [email protected]
By: ~~?/ ERIC M. LIPMAN Assistant General Counsel Florida Bar No .. 958247
Respectfully submitted,
LAW OFFICE OF BENEDICT P KUEHNE, PA Bank of America Tower, Suite 3550 100 S.E 2"d St Miami, FL 33131-2154 Telephone: 305 .. "789 .. 5989 Fax: 3 789 .. 5987 ben.k
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing
has been furnished by email, mail, and fax this June 12, 2009, to:
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Eric M. Lipman Assistant General Counsel Florida Elections Commission 107 W Gaines Street, Suite 224 Tallahassee, FL 32399-·1050 Telephone: 850 .. 922.4539 Eric [email protected]
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Administrative Law Judge Errol H. Powell Division of Administrative Hearings Th.e DeSoto Bldg .. 1230 Apalachee Pkwy .. Tallahassee, FL 32399-3060 Telephone: 850488 9675 Fax Filing: 850.921 6847 errol_powell@doah .. stateJI. us www.do .state.fl.us ' J) () . By: S . e~---
BENEDICT P. KUEHNE
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STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA ELECTIONS COMMISSION,
Petitioner,
vs .. Case No .. 07-4902
TERENCE K .. PINDER,
Respondent ..
ORDER GRANTING LEAVE TO WITHDRAW
This cause having come before the undersigned on the Motion to Withdraw by David J .. Glantz, Assistant Attorney General, filed May 7, 2009, and the undersigned being fully advised, it is
ORDERED that the motion is granted and that David J .. Glantz, Assistant Attorney General, shall have no further responsibility for the representation of Petitioner in this matter before the Division of Administrative Hearings.
DONE AND ORDERED this 15th day of May, 2009, in Tallahassee, Leon County, Florida ..
ERROL H POWELL Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www. doah. state .. fl .. us
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Filed with the Clerk of the Division of Administrative Hearings this 15th day of May, 2009.
COPIES FURNISHED:
Eric M. Lipman, Esquire Florida Elections Commission Collins Building, Suite 224 Tallahassee, Florida 32399-1050
Benedict P .. Kuehne, Esquire Sale & Kuehne, P .. A .. BankAmerica Towe:r, Suite 3550 100 Southeast Second St:reet Miami, Florida 33131-2154
David Glantz, Esquire Office of the Attorney General 110 Southeast 6th Street, Tenth Floor Fort Lauderdale, Florida 33301
2
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STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS
Case No. 07-4902
FLORIDA ELECTIONS COMMISSION, Petitioner,
VS
TERENCE K PINDER, Respondent.
----·---·---- I
MOTION TO WITHDRAW
FLORIDA ELECTIONS COMMISSION, Petitioner, moves for entry of an order granting
leave for David l Glantz, Assistant Attorney General, to withdraw as counsel for Petitioner .. Eric M ..
Lipman, who is already counsel ofrecord for Petitioner, shall continue as Petitioner's lead counsel
A proposed order is attached
WE CERTIFY that on·-·· 4/1 ~~ ~ -~-2.--00 -~--·'a copy hereof was furnished by mail to Benedict P Kuehne, counsel for Respondent, 100 SE 2d Street, Suite 3550, .. Miami,
Florida 33131-2154
FLORIDA ELECTIONS COMMISSION l 07 W. Gaines Street, Suite 224 Tallahassee FL 32399-l 050
Eric M. Lipman, Fla. BarNo 958247 Assistant General Counsel
BILL McCOLLUM, Florida Attorney General 110 SE 6 Street, lOth Floor
~Lau~le,?c· 33301 . .__, / I~/~ C::.-..__JL David J Glantz, Fla .. Bar No 504238 --Assistant Attorney General
t=iloN M::nr 7 ?()IJQ 11 "'?.? .ll M niui
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STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS
Case No .. 07-4902
FLORIDA ELECTIONS COMMISSION, Petitioner,
vs
TERENCE K PINDER, Respondent
ORDER GRANTING LEAVE TO WITHDRAW
On the motion ofFLORIDA ELECTIONS COMMISSION, Petitioner, for entry of an order
granting leave for David J Glantz, Assistant Attorney General, to withdraw as Petitioner's counsel,
it is
ADJUDGED that the motion is granted and David J. Glantz, Assistant Attorney General, is
granted leave to withdraw as Petitioner's counsel ofrecord .. Eric Lipman, Assistant General Counsel
for Petitioner, who is already of record, shall continue as Petitioner's lead counsel
ORDERED on ______ _ , 2009, in Tallahassee, Leon County, Florida.
Copies furnished: All counsel of record
ERROL H. POWELL Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060
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STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA ELECTIONS COMMISSION, ) ) ) ) ) ) ) )
) )
Petitioner,
vs .. Case No .. 07-4902
TERENCE K. PINDER,
Respondent.
ORDER REQUIRING RESPONSE
By Order issued February 26, 2009, among other things, the final hearing in this matter was continued and the deadline for filing dispositive motions and the pre-hearing conference were vacated, to be re-scheduled On April 2, 2009, Respondent filed an Unopposed Motion to Set Additional Status Conference for Purpose of Discussing Trial Dates and Resetting Dispositive Motions Deadline.. The undersigned having r·eviewed the record and being fully advised, it is
ORDERED that:
1.. The parties shall confer and advise the undersigned in writing, no later than June 9, 2009, as to the status of this matter ..
2 .. The reset,ting of the deadline for filing dispositive motions and the rescheduling of the pre-hearing conference will depend upon the status of this matter filed by the parties ..
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DONE AND ORDERED this 7th day of April, 2009, in Tallahassee, Leon County, Florida ..
COPIES FURNISHED:
Eric M .. Lipman, Esquire
s ERROL H.. POWELL Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www .. doah .. state .. fl. us
Filed with the Clerk of the Division of Administrative Hearings this 7th day of April, 2009 ..
Florida Elections Commission Collins Building, Suite 224 Tallahassee, Florida 32399-1050
Benedict P. Kuehne, Esquire Sale & Kuehne, P.A BankAmerica Tower, Suite 3550 100 Southeast Second Street Miami, Florida 33131-2154
David Glantz, Esquire Office of the Attorney General 110 Southeast 6th Street, Tenth Floor Fort Lauderdale, Florida 33301
2
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STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA ELECTIONS COMMISSION, Petitioner,
vs.
TERENCE K. PINDER, Respondent.
----------------------~/
CASE NO. DOAH 07-4902 FEC 06-387
RESPONDENT'S UNOPPOSED MOTION TO SET ADDITIONAL STATUS CONFERENCE FOR PURPOSE OF DISCUSSING TRIAL DATES AND
RESETTING DISPOSITIVE MOTIONS DEADLINE
Respondent Terence K.. Pinder submits this additional motion
requesting a telephonic status conference in sixty days for the purpose of
discussing a resetting of the trial dates and the deadline for the submission
of dispositive motions .. The motion is not opposed by counsel for petitioner
Florida Elections Commission. The following grounds support this request
1 .. This case involves election law charges lodged against a former
public official whose term of office has ended .. Respondent, the former public
official, is currently facing criminal charges arising from the identical facts that
are the basis of the administrative election law charges .. The criminal charges
are lodged as State of Florida v .. Terence K.. Pinder, Circuit Case Nos .. F06-
39719 & F07-025152 (Miami-Dade County) .. Discovery in that criminal case
J:ilorl IJ.nril ? ?f)f)Q ? .. 1? PM niuir:inn nF JJ.rlminkfr:aiiw:• 1-/o::.rinnc
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is still ongoing, with significant discovery depositions still remaining to be
arranged and completed .. Because of the complexity of the criminal case, the
current trial date is currently June 15, 2009, although the parties have not
determined if the case will be trial ready by that time ..
2.. Because Mr .. Pinder remains at jeopardy by the pendency of the
criminal case, proceeding to an administrative trial before resolution of the
criminal case could unfairly prejudice his constitutional rights, and further
complicate the resolution of this case ..
3.. Because the filing of dispositive motions depends in significant
part on the progress of the companion criminal case, an enlargement of the
time within which to file dispositive motions is in order ..
4. As the scheduling of this matter requires some understanding of
the expected resolution of the underlying criminal cases, a status report in 60
.days -in early June 2009- is consistent with the ends of justice.
5.. On March 30 and April 2, 2009, undersigned counsel conferred
with Assistant Attorney David J .. Glantz, counsel for petitioner Florida
Elections Commission, who agrees with a resetting of the motions deadline,
the setting of a status conference in 60 days, and the resetting of the
administrative triaL
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Respectfully submitted,
LAW OFFICE OF BENEDICT P. KUEHNE, P.A. Bank of America Tower, Suite 3550 100 S.E 2"d St Miami, FL 33131-2154 Telephone: 305 .. 789 .. 5989 Fax: 305 .. 789 .. 5987 Email: [email protected]
By: S/ Benedict P. Kuehne BENEDICT P. KUEHNE Florida Bar No .. 233293
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing
has been furnished by email, mail, and fax this April 2, 2009, to:
Eric M. Lipman Assistant General Counsel Florida Elections Commission 107 W.. Gaines Street, Suite 224 Tallahassee, FL 32399-1050 Telephone: 850 .. 922.4539 Eric [email protected]
David J .. Glantz Assistant Attorney General 11 0 S E 61hStreet, Floor 1 0 Fort Lauderdale, FL 33301-5001 Tel: 954 . .712.4608 david .. glantz@myfloridalegal .. com
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Administrative Law Judge Errol H .. Powell Division of Administrative Hearings The DeSoto Bldg .. 1230 Apalachee Pkwy .. Tallahassee, FL 32399-3060 Telephone: 850.488 .. 9675 Fax Filing: 850 .. 921 .. 6847 www.doah.state.fl.us
By: s/ Benedict P. Kuehne BENEDICT P. KUEHNE
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STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA ELECTIONS COMMISSION,
Petitioner,
vs. Case No .. 07-4902
TERENCE K .. PINDER,
Respondent ..
ORDER GRANTING CONTINUANCE
This cause having come before the undersigned on Respondent's Unopposed Motion for Status Conference, filed February 16, 2009, on which a telephone conference was held on February 25, 2009, during which Respondent made an ore tenus. motion for continuance, to which Petitioner did not object, and the undersigned being fully advised, it is, therefore,
ORDERED that:
1.. The motion is hereby granted, and the final hearing in this cause scheduled for March 23 th:rough 27, 2009, is hereby canceled ..
2 .. The Orde:rs issued January 8, 2009, :regarding the deadline for filing dispositive motions, and issued January 9, 2009, regarding a pre-hearing telephone conference on Ma:rch 9, 2009, are hereby vacated and will be re-scheduled ..
3 .. The parties shall confer and advise the undersigned in writing no late:r than March 31, 2009, as to the status of this matter and as to the length of time :required for the final hearing in this cause and several mutually-agreeable dates for re-scheduling the final hearing should one be necessary ..
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DONE AND ORDERED this 26th day of Februa:t:y, 2009, in Tallahassee, Leon County, Florida.
COPIES FURNISHED:
Eric M. Lipman, Esquire
s ERROL H.. POWELL Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Pa:t:kway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www. doah state .. fl .. us
Filed with the Clerk of the Division of Administrative Hearings this 26th day of Februa:t:y, 2009
Flo:t:ida Elections Commission Collins Building, Suite 224 Tallahassee, Florida 32399-1050
Benedict P. Kuehne, Esquire Sale & Kuehne, P.A. BankAmerica Tower, Suite 3550 100 Southeast Second Street Miami, Florida 33131-2154
David Glantz, Esquire Office of the Attorney General 110 Southeast 6th Street, Tenth Floor Fort Lauderdale, Florida 33301
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STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA ELECTIONS COMMISSION, Petitioner,
vs.
TERENCE K. PINDER, Respondent.
----------------------~'
CASE NO. DOAH 07-4902 FEC 06-387
RESPONDENT'S UNOPPOSED MOTION FOR STATUS CONFERENCE FOR PURPOSE OF DISCUSSING TRIAL DATES AND RESETTING
DISPOSITIVE MOTIONS DEADLINE
Respondent Terence K. Pinder submits this motion requesting a status
conference for the purpose of discussing a resetting of the trial dates and the
deadline for the submission of dispositive motions .. The motion is not opposed
by counsel for petitioner Florida Elections Commission .. The following grounds
support this request
1.. This case involves election law charges lodged against a former
public official whose term of office has ended .. Respondent, the former public
official, is currently facing criminal charges arising from the identical facts that
are the basis of the administrative election law charges .. The criminal charges
are lodged as State of Florida v. Terence K Pinder, Circuit Case Nos .. F06-
39719 & F07 -025152 (Miami-Dade County) .. That criminal case is currently set
t=i/orl t=ohru::.t'11 1R ?nno R"nn 11M nivicinn nf JJ.rlrnini
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for trial on March 30, 2009, although the depositions of the more than 40
witnesses is still ongoing, thereby complicating the trial schedule.
2.. Because Mr .. Pinder remains at jeopardy by the pendency of the
criminal case, proceeding to an administrative trial before resolution of the
criminal case could unfairly prejudice his constitutional rights, and further
complicate the resolution of this case ..
3.. Because the filing of dispositive motions depends in significant
part on the progress of the companion criminal case, an enlargement of the
time within which to file dispositive motions is in order ..
4.. On February 13, 2009, undersigned counsel conferred with
Assistant Attorney David J. Glantz, counsel for petitioner Florida Elections
Commission, who had no opposition to a resetting of the motions deadline,
the setting of a status conference, and the resetting of the administrative triaL
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Respectfully submitted,
LAW OFFICE OF BENEDICT P. KUEHNE, P.A. Bank of America Tower, Suite 3550 100 SE 2"d St Miami, FL 33131-2154 Telephone: 305.789 .. 5989 Fax: 305 .. 789 .. 5987 Email: [email protected]
By: S/ Benedict P. Kuehne
-
BENEDICT P. KUEHNE Florida Bar No .. 233293
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing
has been furnished by email, mail, and and fax this February 13, 2009, to:
Eric M.. Lipman Assistant General Counsel Florida Elections Commission 1 07 W.. Gaines Street, Suite 224 Tallahassee, FL 32399-1050 Telephone: 850 .. 9224539 Eric [email protected]
David J .. Glantz Assistant Attorney General 11 0 S.E 6th Street, Floor 1 0 Fort Lauderdale, FL 33301-5001 Tel: 954 .. 7124608
-3-
Administrative Law Judge Errol H.. Powell Division of Administrative Hearings The DeSoto Bldg .. 1230 Apalachee Pkwy .. Tallahassee, FL 32399-3060 Telephone: 850488 .. 9675 Fax Filing: 850 .. 921 .. 6847 www.doah.state.fl.us
By: s/ Benedict P. Kuehne BENEDICT P. KUEHNE
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STATE OF FLORIDA
' I
DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA ELECTIONS COMMISSION, ) ) ) ) ) ) ) )
) )
Petitioner,
vs .. Case No .. 07-4902
TERENCE K. PINDER,
Respondent ..
ORDER SCHEDULING PRE-HEARING TELEPHONE CONFERENCE
On October 10, 2008, a telephone conference was held in this matter., During the telephone conference, the parties agreed, among other things, that a pre-hearing telephone conference should be held on March 9, 2009, at 10:00 a.m Accordingly, it is
ORDERED that a pre-hearing telephone conference in this matter will be held on March 9, 2009, at 10:00 a .. m ..
DONE AND ORDERED this 9th day of January, 2009, in Tallahassee, Leon County, Florida.
s ERROL H.. POWELL Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www .. doah .. state .. fl .. us
Filed with the Clerk of the Division of Administrative Hearings this 9th day of January, 2009.
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COPIES FURNISHED:
Eric M .. Lipman, Esquire Florida Elections Commission Collins Building, Suite 224 Tallahassee, Florida 32399-1050
Benedict P .. Kuehne, Esquire Sale & Kuehne, P.A. BankAmerica Tower, Suite 3550 100 Southeast Second Street Miami, Florida 33131-2154
David Glantz, Esquire Office of the Attorney General 110 Southeast 6th Street, Tenth Floor Fort Lauderdale, Florida 33301
2
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STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA ELECTIONS COMMISSION, ) ) ) ) ) ) ) )
) )
Petitioner,
vs .. Case No.. 0 7-4 902
TERENCE K PINDER,
Respondent ..
ORDER REGARDING DISPOSITIVE MOTIONS
On October 10, 2008, a telephone conference was held in this matter.. During the telephone confe:r·ence, the parties agreed, among othe:r things, that all dispositive motions would be filed no later than Feb:rua:ry 13, 2009.. Accordingly, it is
ORDERED that all dispositive motions shall be filed no later than February 13, 2009 ..
DONE AND ORDERED this 8th day of Janua:ry, 2009, in Tallahassee, Leon County, Florida ..
s ERROL H. POWELL Administrative Law Judge Division of Administ:rative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www .. doah .. state. fl .. us
Filed with the Cle:rk of the Division of Administrative Hearings this 8th day of January, 2009.
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COPIES FURNISHED:
Eric M .. Lipman, Esquire Florida Elections Commission Collins Building, Suite 224 Tallahassee, Florida 32399-1050
Benedict P Kuehne, Esquire Sale & Kuehne, P .. A .. BankAmerica Tower, Suite 3550 100 Southeast Second Street Miami, Florida 33131-2154
David Glantz, Esquire Office of the Attorney General 110 Southeast 6th Street, Terith Floor Fort. Lauderdale, Florida 3 3 3 01
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STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA ELECTIONS COMMISSION,
Petitioner,
vs .. Case No. 07-4902
TERENCE K. PINDER,
Respondent.
ORDER RE-SCHEDULING HEARING
This cause having come befo:re the undersigned on Respondent's Request for Enlargement of Time to Submit Proposed Trial Dates, filed September 29, 2008; a telephone conference held on October 10, 2008 to address re-scheduling the hearing, during which dates for re-scheduling the hearing was provided by the parties; and the undersigned having reviewed the :record in this cause, it is, the:refo:re,
ORDERED that:
1. This cause is hereby re-scheduled for final hearing on March 23 through 27, 2009, at 9:00 a .. m .. , at the Dade County Courthouse, repo:rt to Room 911 fo:r· room assignment, 73 West Flagler St:reet, Room 911, Miami, Florida
2. Except as modified herein, all other provisions of the first Notice of Hearing and of the Order of P:re-hearing Instructions shall remain in full force and effect.
3. All subpoenas p:reviously issued and served shall remain in full fo:rce and effect for the re-scheduled hearing date as to any witness who is provided with a copy of this Order
4 .. The agency shall be responsible for making the necessary arrangements for a court :reporter ..
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DONE AND ORDERED this lOth day of October, 2008, in Tallahassee, Leon County, Flo:t:ida,
COPIES FURNISHED:
E:t:ic M,, Lipman, Esquire
s ERROL H ,, POWELL Administrative Law Judge Division of Administ:t:ative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Flo:t:ida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www, doah, state,, fl, us
Filed with the Clerk of the Division of Administrative Hearings this lOth day of October, 2008,
Florida Elections Commission Collins Building, Suite 224 Tallahassee, Flo:t:ida 32399-1050
Benedict P Kuehne, Esqui:t:e Sale & Kuehne, P ,, A,, BankAmerica Tower, Suite 3550 100 Southeast Second Street Miami, Florida 33131-2154
David Glantz, Esquire Office of the Attorney General 110 Southeast 6th Street, Tenth Floor Fort Laude:t:dale, Florida 33301
ROOM CONFIRMATION COPY:
Cou:t:t Administrator Dade County Courthouse 73 West, Flagle:t: St:t:eet, Room 911 Miami, Florida 33130 (305) 349-7002
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In accordance with the Americans with Disabilities Act, persons needing a special accommodation to participate in this proceeding should contact the Judge's secretary no later than seven days prior to the hearing. The Judge's secretary may be contacted at the address or telephone numbers above, via 1-800-955-8771 (TDD), or 1-800-955-8770 (Voice) Florida Relay Service ..
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STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA ELECTIONS COMMISSION, ) ) ) ) ) ) ) ) ) )
Petitioner( s ),
vs
TERENCE K PINDER,
Respondent(s)
NOTICE OF APPEARANCE
Case No 07-004902
The undersigned hereby files this Notice of Appearance on behalf of the Petitioner Copies of all pleadings, notices, and correspondence regarding the above-styled cause are requested to be served on the undersigned
Respectfully submitted this I st of October, 2008
IS/ David Glantz, Esquire II 0 SE 6 Street, I Oth Floor Fort Lauderdale, FL 33301 Florida Bar No 0504238
CERTIFICATE OF SERVICE
I certify that I have served a true and correct copy of this Notice of Appearance via US Mail to Eric Lipman, Florida Elections Commission, Collins Building, Suite 224, Tallahassee, FL 32399; Benedict Kuehne, Sale & Kuehne, P.A., BankAmerica Tower, Suite 3550, Miami, FL 33131; Charles Finkel, Florida Elections Commission, Collins Building, Suite 224, Tallahassee, FL 32399 on this 1st day of October, 2008
IS/ David Glantz, Esquire
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STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA ELECTIONS COMMISSION, Petitioner,
vs.
TERENCE K. PINDER, Respondent.
_______________________ .!
CASE NO. DOAH 07-4902 FEC 06-387
RESPONDENT'S RESPONSE TO SEPTEMBER 10, 2008 ORDER AND FURTHER REQUEST FOR ENLARGEMENT OF TIME TO SUBMIT
PROPOSED TRIAL DATES
Respondent Terence K.. Pinder submits this response to the September
10, 2008 Order .. In attempting to determine available dates for hearings in this
matter, Respondent's counsel intends to confer with counsel for the FEC ..
Because the staffing of this case for the FEC has not yet been determined,
Respondent's counsel requests until October 8, 2008, to be able to confer
with the FEC's counsel and submit available scheduling dates ..
Respectfully submitted,
LAW OFFICE OF BENEDICT P. KUEHNE, P.A. Bank of America Tower, Suite 3550 100 S.E 2"d St Miami, FL 33131-2154 Telephone: 305 .. 789 .. 5989 Fax: 305 .. 789 .. 5987
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Email: [email protected]
By: S/ Benedict P. Kuehne BENEDICT P. KUEHNE Florida Bar No .. 233293
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing
has been furnished by email and fax this 29th day of September 2008, to:
Eric M.. Lipman Assistant General Counsel Florida Elections Commission 1 07 W.. Gaines Street, Suite 224 Tallahassee, FL 32399-1050 Telephone: 850.9224539 Eric_Lipman@oag .. state .. fl .. us
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Administrative Law Judge Errol H.. Powell Division of Administrative Hearings The DeSoto Bldg .. 1230 Apalachee Pkwy .. Tallahassee, FL 32399-3060 Telephone: 850488 .. 9675 Fax Filing: 850 .. 921 .. 6847 www.doah.state.fl.us
By: s/ Benedict P. Kuehne BENEDICT P. KUEHNE
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STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA ELECTIONS COMMISSION,
PETIIIONER, v. DOAH CASE No.: 07-4902
AGENCY CASE Nos.: FEC 06-387 TERRANCE K. PINDER,
RESPOND EN I.
----------------------~' PETITIONER'S RESPONSE TO SEPTEMBER 10, 2008 ORDER AND REQUEST
FOR ENLARGMENT OF TIME TO SUBMIT PROPOSED HEARING DATES
Petitioner, Florida Elections Commission in response to the September I 0, 2008,
order requiring the providing of dates of availability for final hearing says:
1. Petitioner is not available for any of the dates set forth in its Response to
ALJ's June 5, 2008 Order filed by Eric Lipman
2 Mr Lipman has been on extended leave for the past six weeks and the
date of his return to the office remains uncertain
3 The undersigned is the only other attorney in the office, except for the
Execut