Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Floridahttps://digitalcommons.unf.edu/sawmill_history/1001/thumbnail.jp

Keyser, Timothy

Quattlebaum, William F.

English

UNF Digital Commons

University of North FloridaUNF Digital CommonsSawmill Slough History Environmental Center8-31-1990State of Florida Division of AdministrativeHearings: Petitioner's Motion to CompelProduction of DocumentsTimothy KeyserWilliam F. QuattlebaumFollow this and additional works at: https://digitalcommons.unf.edu/sawmill_historyPart of the Civic and Community Engagement Commons, Civil Law Commons, DisputeResolution and Arbitration Commons, Environmental Law Commons, and the EnvironmentalStudies CommonsThis Book is brought to you for free and open access by the EnvironmentalCenter at UNF Digital Commons. It has been accepted for inclusion inSawmill Slough History by an authorized administrator of UNF DigitalCommons. For more information, please contact Digital Projects.© 8-31-1990 All Rights ReservedRecommended CitationKeyser, Timothy and Quattlebaum, William F., "State of Florida Division of Administrative Hearings: Petitioner's Motion to CompelProduction of Documents" (1990). Sawmill Slough History. 7.https://digitalcommons.unf.edu/sawmill_history/7STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS TERESA BURKITT, Petitioner, v. UNIVERSITY OF NORTH FLORIDA and ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, Respondents. CATHLENE DENNY, petitioner, v. UNIVERSITY OF NORTH FLORIDA and ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, Respondents. MICHAEL W. WOODWARD, Petitioner, v. UNIVERSITY OF NORTH FLORIDA and ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, Respondents. DOAH CASE NO. 90-003232 SJRWMD FILE OF RECORD NO. 90-916A DOAH CASE NO. 90-003233 SJRWMD FILE OF RECORD NO. 90-916B DOAH CASE NO. 90-003234 SJRWMD FILE OF RECORD NO. 90-916C PETITIONER'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS Petitioner, MICHAEL W. WOODWARD, moves the hearing officer, 1 pursuant to Rule 221-6.019 of the Florida Administrative Code and Fla.R.Civ.P., 1.370 for an order compelling production from respondent, UNIVERSITY OF NORTH FLORIDA (UNF) and avers: 1. On July 19, 1990, petitioner served a request for production on UNF containing 14 specific requests. 2. On July 26, 1990, UNF filed a response objecting to 11 of the requests on relevance grounds. It indicated it was researching the availability and relevance of two other requests and objected as irrelevant an unknown remainder of such requests. To date UNF has not supplied any documents. 3. UNF properly responded only to requested item number 13 by alleging it had no such documents. 4. The undersigned counsel has conferred with counsel for UNF in an unsuccessful effort to resolve this dispute in good faith. 5. Petitioner submits that the documents requested are well within the broad scope of discoverable information. 6. Petitioner requests an order compelling UNF to provide 2 the documents. Respectfully submitted, Attorney for etitioner F l or id a Bar No . : 1 8 1 7 4 0 Post Off ice Box 92 Interlachen, Florida 32148 (904) 684-4673 CERTIFICATE OF FILING AND SERVICE I CERTIFY that the original of this petition has been furnished to William F. Quattlebaum, Hearing Officer, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399-1550, and copies hereof have been furnished to Marcia P. Parker, Attorney for University of North Florida, 1300 Building, 1300 Gulf Life Drive, Jacksonville, Florida 32207 by U. S. mail and Clare E. Gray, Attorney for St. Johns River Water Management District, Post Office Box 1429, Palatka, Florida 32178-1429 by hand delivery -2.1¥ this ~.>-- day of August, 1990. ~~ TIMOTHY KEYS ATQRNEy 3 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS TERESA BURKITT, Petitioner, vs. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT and UNIVERSITY OF NORTH FLORIDA, ) ) ) ) ) ) ) ) ) ) Respondents. ) ~~~~~~~~~~~~~~~~~) CATHLENE DENNY, Petitioner, vs. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT and UNIVERSITY OF NORTH FLORIDA, Respondents. ) ) ) ) ) ) ) ) ) ) ) ) ~~~~~~~~~~~~-) MICHAEL WOODWARD, Petitioner, vs. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT and UNIVERSITY OF NORTH FLORIDA, Respondents. ) ) ) ) ) ) ) ) ) ) ) ) ~~~~~~~~~~~~~~~~~) ORDER CASE NO. 90-3232 CASE NO. 90-3233 CASE NO. 90-3234 This matter comes on for consideration of Motions to Dismiss filed by Respondents, and Motions to Compel, In Limine, and For Official Recognition filed by Petitioners. Upon the motion of Respondent St. Johns River Water Management District, hearing on the motions was held on August 20, 1990. The motions were ruled upon during hearing. This Order is filed to reduce the oral rulings to written form. The Respondents Motion to Dismiss alleges that the Petitions for Hearing fail to identify affected substantial interests sufficient to confer standing under section 120.57(1), Florida Statutes. The Petitioners allege that their status as citizens, taxpayers, and University of North Florida students is sufficient to demonstrate a substantial interest. Such allegations alone are is insufficient to conf~r standing, however, the Petitioners would have standing as citizens under section 403.412(5), Florida Statutes. Accordingly, it is hereby ORDERED that: Ruling on the motion to dismiss is reserved. The Petitioners shall, within 15 days from the date of this Order, file verified petitions in accordance with section 403.412(5), Florida Statutes. Failure to timely comply with this requirement shall result in the granting of the Motion to Dismiss, entry of a Recommended Order of Dismissal, and the file will be closed. As to remaining motions, upon the argument presented in the motions, responses and at hearing, it is hereby ORDERED that: 1. The Motion to Compel, as related to specified responses to Petitioners requests for admissions, is DENIED. 2. The Motion in Limine, as related to the relevance of additional proposed road construction impacts to the surface water management system permit at issue in this case, is GRANTED for purposes of discovery. Such evidence will be admissible at hearing to the extent it is established that the permitted surface water management system at issue in this proceeding will serve or be impacted by such additional construction. 3. The Motion for Official Recognition, as related to staff reports of the Respondent St. Johns River Water Management District, is DENIED. L DONE and ORDERED this do~day of August, 1990, in Tallahassee, Florida. Copies furnished to: Timothy Keyser, Esq. Post Off ice Box 92 Interlachen, Florida 32148 Clare E. Gray, Esq. Post Off ice Box 1429 Palatka, Florida 32178-1429 T. R. Hainline, Jr., Esq. Marcia P. Parker, Esq. 1300 Gulf Life Drive Jacksonville, Florida 32207 Filed with the Clerk of the Division of Administrative Hearings this g otfJij' day of August, 1990. 3 

State of Florida Division of Administrative Hearings: Petitioner\u27s Motion to Compel Production of Documents

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State of Florida Division of Administrative Hearings: Petitioner\u27s Motion to Compel Production of Documents

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