CASE NAME: FEC vs. Terrence Pinder FEC No .. 06-387 ......Tanya Cuyler Eric M. Lipman, Esq. Ben P....

CASE NAME:

CASE NUMBER(S):

INVESTIGATOR:

ATTORNEY FOR FEC:

OPPOSING A HORNEY & PHONE NUMBER:

1

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

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

' 1.

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

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]

2

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

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: 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


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

(

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


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


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


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

' I

STATE OF FLORIDA

' 1.

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

' I ' I '


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)


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.


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

/



v.


-------------------------'

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

/

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

(

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

( '

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

( ( '

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

( '

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

( ( '

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

(

STATE OF FLORIDA COUNTY OF MIAMI-DADE

/

\

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:-----------

Confirmation Page ( (


Case Daily !,ill~

Case D~"k0• ~ =&.

TO:

( ' I

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:

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

(

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

( ' I

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


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 '

Confirmation Page ' I


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


TERENCE K .. PINDER

Claudia Llado, Clerk

Filer: Eric Lipman

BarNo.: 0958247


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



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.

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

/ I

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.

3

' I '

tTl r·· IT! (I)

STATE OF FLORIDA ~~ DIVISION OF ADMINISTRATIVE HEARINGS

- ..... o,.., ::1: (1)0


v.


----------------------~'

..,., 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

(

I

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


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

Confirmation Page Page 1 of1


~ ~ 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


'TERENCE K. PINDER

Claudia Llado, Cler·k

Filer: Benedict Kuehne

BarNo.: 0233293


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

' I

STATE OF FLORIDA

(



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.

(

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

2

(

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

' I



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

( ~-1

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


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

Confirmation Page (


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


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

( \



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.

COPIES FURNISHED:


Benedict P. Kuehne, Esquire Sale and Kuehne, P.A. BankAmerica Tower, Suite 3550 100 Southeast Second Street Miami, Florida 33131-2154

2

(



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.

/

I

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


Lilly Roque Office of the Judges of Compensation Claims 401 Northwest Second Avenue, Suite 918 Miami, Florida 33128 (305) 377-5413 Ext. 101

2

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

/ I



Petitioner,


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

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

(



Petitionei,


TERENCE K PINDER,

Respondent.


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.

(

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.


Benedict P. Kuehne, Esquire Sale & Kuehne, P.A. BankAmerica Tower, Suite 3550 100 Southeast Second Street Miami, Florida 33131-2154

2

(



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

(

COPIES FURNISHED:




( (



v.


______ .!

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

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


()~ 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



Petitioner,

vs. Case No .. 07-4902

TERENCE K. PINDER,

Respondent ..


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.

COPIES FURNISHED:


Benedict P .. Kuehne, Esquire Sale & Kuehne, P A. BankAmerica Tower, Suite 3550 100 Southeast Second Street Miami, Florida 33131-2154

2

(


FLORIDA ELECTIONS COMMISSION, ) ) ) ) ) ) ) ) ) )

Petitioner,

VS .. Case No .. 07-4902


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 ..

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



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

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

' I.



v.


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



Petitioner,

vs .. Case No .. 07-4902


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 ..

DONE AND ORDERED this 14th day of December, 2009, in Tallahassee, Leon County, Flor·ida.

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


Benedict P. Kuehne, Esquire Sale & Kuehne, P.A BankAmerica Tower, Suite 3550 100 Southeast Second Street Miami, Florida 33131-2154


Court Administrator Dade County Courthouse 73 West Flagler Street, Room 911 Miami, Florida 33130 (305) 349-7002

2

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

' I,



v. DOAH No. 07-4902 Agency Case No. FEC06-384


___ !

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



Petitioner,


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 ..

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 ..



2



vs.


___ !

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


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


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:

(

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]

-·3·

(

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

I '



Petitioner,

vs .. Case No .. 07-4902


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

I '

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


Case No. 07-4902


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


Case No .. 07-4902


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

( '·


FLORIDA ELECTIONS COMMISSION, ) ) ) ) ) ) ) )

) )

Petitioner,

vs .. Case No .. 07-4902

TERENCE K. PINDER,

Respondent.


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 ..

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


2

/ I



vs.


----------------------~/


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

(

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

-2-

(


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



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

-3-

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

(



Petitioner,

vs. Case No .. 07-4902


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 ..

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



(



vs.


----------------------~'


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

(

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

-2-


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



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


' I

STATE OF FLORIDA

' I



) )

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.

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


2

' l



) )

Petitioner,

vs .. Case No.. 0 7-4 902

TERENCE K PINDER,

Respondent ..


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.

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

2

' I



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 ..

' I,

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


Cou:t:t Administrator Dade County Courthouse 73 West, Flagle:t: St:t:eet, Room 911 Miami, Florida 33130 (305) 349-7002

/

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 ..

(


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


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



vs.


_______________________ .!


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 ..


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



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

-2-

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


I



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

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