Judge assigned for WWALS v. Sabal Trail and FL-DEP

Here’s the letter DOAH sent Friday 4 September 2015 that we received on paper yesterday. Fortunately, it’s also online along with the rest of Case No: 15-004975. It’s been assigned Judge Bram D. E. Canter.

STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS

 
 
 
Case No. 15-4975
15-0468

 
WWALS WATERSHED COALITION, INC.,

      Petitioner,

vs.

SABAL TRAIL TRANSMISSION. LLC AND
DEPARTMENT OF ENVIRONMENTAL PROTECTION,

      Respondent.
/

INITIAL ORDER

Initial Order
  1. Any document filed with DOAH by a party represented by an attorney shall be filed by electronic means through eALJ located at www.doah.state.fl.us. Parties not represented by an attorney may file by electronic means through eALJ. Any document filed through eALJ shall include the filing party’s e-mail address and be served upon all other parties. All pleadings and motions must contain the DOAH style and case number.
  2. THE AGENCY OR, WHERE THE AGENCY IS NOT A PARTY, THE PETITIONER SHALL COORDINATE WITH ALL PARTIES AND PROVIDE THE FOLLOWING INFORMATION WITHIN SEVEN DAYS OF THE DATE OF THIS ORDER. If coordination is not possible, each party shall individually provide the information.
    1. Any related cases before DOAH and, if so, the DOAH case number;
    2. Estimated length of time necessary to conduct the final hearing;
    3. Suggested geographic location for the final hearing. Any of the parties may state a preference for either a hearing conducted in-person or a hearing conducted by video-teleconferencing (VTC). The preference will be given due consideration by the Judge. Additional information about VTC hearings, including VTC locations, is available at www.doah.state.fl.us;
    4. All dates more than 30 and less than 70 days from the date of this Order on which both parties are available for the final hearing.
  3. In the event a document is NOT electronically filed in accordance with paragraph 1, PARTIES NOT REPRESENTED BY AN ATTORNEY shall file the document on 8.5" x 11" paper at the address below and a copy served upon all other parties. Parties not represented may file electronically through eALJ, facsimile, or mail. CHOOSE ONE METHOD of filing for each document.
  4. EVERY PERSON FILING A DOCUMENT AT DOAH MUST ENSURE THAT NO INFORMATION PROTECTED BY PRIVACY OR CONFIDENTIALITY LAWS IS CONTAINED IN ANY DOCUMENT THAT WOULD BE POSTED TO DOAH’S WEBSITE IN THE REGULAR COURSE OF BUSINESS.
  5. FAILURE TO COMPLY WITH THE PROVISIONS OF PARAGRAPH 2 SHALL WAIVE VENUE RIGHTS, AND THE FINAL HEARING WILL BE SET IN TALLAHASSEE AS SOON AS POSSIBLE.

DONE AND ORDERED this 4th day of September, 2015, in Tallahassee, Florida.

[signed]
BRAM D. E. CANTER
Administrative Law Judge
Division of Administrative Hearings
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 DOAH this 4th day of September, 2015.

SUMMARY OF PROCEDURES

Summary of Procedures This case has been filed with the Division of Administrative Hearings to conduct an evidentiary hearing governed by chapter 120, Florida Statutes, and Florida Administrative Code Chapter 28-106, Parts I and II.

THE PARTIES SHALL TAKE NOTICE THAT:

  1. Parties that have not previously registered for electronic filing may register through eALJ at www.doah.state.fl.us. Once your registration has been submitted you will receive electronic notification within 24 hours that your account has been activated. YOUR REGISTRATION MUST BE ACTIVATED BEFORE YOU MAY FILE ELECTRONICALLY.
  2. Discovery may be undertaken in the manner provided in the Florida Rules of Civil Procedure and, if desired, should be initiated immediately. Subpoenas may be obtained from the Judge by contacting (850) 488-9675, extension 111. Registered e-filers shall obtain subpoenas electronically through the DOAH website under the eALJ link. Discovery must be completed five days before the date of the final hearing unless an extension of time for good cause is granted.
  3. The government agency for which a hearing is conducted will make arrangements for preserving the testimony at the final hearing.
  4. A party may appear personally or be represented by an attorney or other qualified representative, pursuant to Florida Administrative Code Rule 28-106.106. Self-represented litigants should review "Representing Yourself" located on the Division’s website at www.doah.state.fl.us.

    Under a program between Legal Services of North Florida (LSNF) and the Administrative Law Section of The Florida Bar, parties not represented by an attorney may be entitled to a free telephone consultation with an attorney. If you are interested in this program, you may call LSNF’s Legal Advice Hotline at (850)385-0029 in order to qualify for assistance. Once qualified, volunteer attorneys make legal advice calls between 2:00 and 5:00 p.m. every Monday through Thursday.

  5. Florida Administrative Code Rule 28-106.210 provides that requests for continuances must be filed with the Judge at least five days prior to the date of hearing, except in cases of extreme emergency, and will only be granted for good cause shown.
  6. Parties will promptly notify the Judge in the event of a settlement or other development which might alter the scheduled hearing.
  7. The parties are expected to discuss the possibility of settlement, enter into pre-hearing stipulations of fact and law, identify and limit issues, and exchange exhibit and witness lists prior to the hearing.
  8. If all parties agree, this case may proceed as a summary hearing, without discovery, if requested by motion within 15 days from the date of this Order. A Final Order will be entered within 30 days after the hearing.

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 on page one, via 1-800-955-8770 (Voice), or 1-800-955-8771 (TDD) Florida Relay Service.

COPIES FURNISHED:

Chris Mericle

Richard S. Brightman Esquire
(850)245-2242

John S. Quaterman


Jack Chisolm Esquire
(850)222-7500


Gus McLachlan

The WWALS blog post of the request from FL-DEP to DOAH to which the above Initial Order is a response has all the back correspondence linked in.

If you are interested in assisting with this case, please contact WWALS.

-jsq

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