STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
STEVE J. LONGARIELLO, )
)
Petitioner, )
)
vs. ) Case No. 95-5315
) BROWARD COUNTY SCHOOL BOARD, )
)
Respondent. )
)
ORDER
On July 3, 1997, Petitioner filed a Motion for Relief from Order, requesting in essence that the Order dated July 5, 1996, granting Respondent's Motion in Limine, be vacated. Petitioner's motion is predicated on the said Order being entered due to mistake and/or inadvertence and being void. On July 7, 1997, Respondent filed a response in opposition to Petitioner's Motion.
The Recommended Order in this case was rendered on July 1, 1997. Upon the rendition of a recommended order in a case, the file of the Division of Administrative Hearings (Division) is closed. Moreover, the Division no longer has jurisdiction over the case, and the jurisdiction is relinquished to the referring agency. As a result, as of July 1, 1997, the Division no longer had jurisdiction over this case and, therefore, the undersigned has no authority to grant the relief requested by Petitioner regardless of the merit of his Motion. Accordingly, it is
ORDERED that the Motion for Relief from Order is DENIED.
DONE AND ORDERED this day of July, 1997, 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
(904) 488-9675 SUNCOM 278-9675
Fax Filing (904) 921-6847
Filed with the Clerk of the Division of Administrative Hearings this day of July, 1997.
COPIES FURNISHED:
Steve J. Longariello, pro se 9999 Summerbreeze Drive
Apartment Number 422
Sunrise, Florida 33322
Edward Marko, Esquire
Office of the School Board Attorney
K.C. Wright Administration Building 600 Southeast Third Avenue, 11th Floor Fort Lauderdale, Florida 33301
Sharon Moultry, Clerk Commission on Human Relations
325 John Knox Road Building F, Suite 240
Tallahassee, Florida 32303-4149
| Issue Date | Proceedings |
|---|---|
| Dec. 26, 1997 | Final Order Dismissing Petition for Relief From An Unlawful Employment Practice filed. |
| Aug. 18, 1997 | Letter to D. Baird from S. Longariello Re: Confirmation of Conversations filed. |
| Jul. 07, 1997 | Respondent School Board`s Response Memorandum in Opposition to Motion for Relief from Order (filed via facsimile). |
| Jul. 03, 1997 | (Petitioner) Motion for Relief From Order (filed via facsimile). |
| Jul. 01, 1997 | Recommended Order sent out. CASE CLOSED. Hearing held 07/08-09/96; 08/14/96 and 10/17/96. |
| Jun. 04, 1997 | (Petitioner) Motion for A Recommended Order (filed via facsimile). |
| Feb. 18, 1997 | (Ted Bandstra) Order; (Ted Bandstra) Report and Recommendation filed. |
| Jan. 24, 1997 | Motion to Quash Subpoena (filed in the USDC, Southern District by A. Wallberg) filed. |
| Jan. 14, 1997 | Motion to Compel Production (filed by S. Longariello) attaching Subpoena in a Civil Case filed. |
| Jan. 14, 1997 | Ltr. to S. Wallberg from JWY re: Motion to Compel Production sent out. |
| Jan. 14, 1997 | Motion to Compel Production (filed in US District Court Southern District of Florida by Steve J. Longariello) filed. |
| Dec. 27, 1996 | Respondent School Board`s Proposed Recommended Order filed. |
| Dec. 17, 1996 | Order Enlarging Time sent out. (Respondent to File PRO by 1/10/97) |
| Dec. 16, 1996 | (Petitioner) Subpoena In A Civil Case (filed via facsimile). |
| Dec. 16, 1996 | Transcript of Proceedings Day 1, Volume 1, ; Transcript of Proceedings Day 1, Volume II, ; Transcript of Proceedings Day 2,Volume III ; Transcript of Proceedings Day 2, Volume IV filed. |
| Dec. 13, 1996 | Transcript of Proceedings filed. |
| Dec. 03, 1996 | Petitioner`s Notice of Adoption of Proposed Recommended Order (filed via facsimile). |
| Dec. 02, 1996 | Petitioner`s Memorandum of Law In Opposition to Respondent School Board`s Motion to Enlarge Time to Serve Proposed Recommended Order (filed via facsimile). |
| Nov. 25, 1996 | Respondent School Board`s Motion to Enlarge Time to Serve Proposed Recommended Order (filed via facsimile). |
| Oct. 25, 1996 | Order sent out. (Petitioner`s Motion to conclude the hearing in an alternative manner is denied) |
| Oct. 17, 1996 | CASE STATUS: Hearing Held. |
| Oct. 17, 1996 | (Petitioner) Motion for Permission to Conclude Hearing In Alternative Manner (filed via facsimile). |
| Oct. 16, 1996 | Petitioner`s Notice of Non-Appearance (filed via facsimile). |
| Oct. 11, 1996 | Order sent out. (Motion for disqualification and continuance is denied) |
| Oct. 10, 1996 | (Petitioner) Motion for Hearing Officer Disqualification and for Brief Continuance; Affidavit of Steve J. Longariello (filed via facsimile)filed. |
| Sep. 27, 1996 | (From R. Vignola) Notice filed. |
| Sep. 05, 1996 | Order Scheduling Hearing sent out. (hearing set for 10/17/96; 9:00am; Ft. Lauderdale) |
| Sep. 05, 1996 | Ltr. to Court Reporter from Hearing Officer`s secretary sent out. (hearing set) |
| Aug. 19, 1996 | Letter to Hearing Officer from E. Marko Re: Acceptable dates for continuation of hearing filed. |
| Aug. 15, 1996 | Letter to EHP from Edward Marko (RE: available dates for hearing) (filed via facsimile). |
| Aug. 14, 1996 | Plaintiff`s Motion for Official Recognition (filed W/Hearing Officer at hearing) filed. |
| Aug. 14, 1996 | Ltr. to Court Reporter from Hearing Officer`s secretary sent out. (hearing set) |
| Jul. 15, 1996 | Order Scheduling Hearing sent out. (hearing set for 8/14/96; 8:30am;Ft. Lauderdale) |
| Jul. 08, 1996 | Respondent`s Motion to Dismiss for Lack of Jurisdiction (filed w/judge at hearing) filed. |
| Jul. 08, 1996 | Respondent`s Request for Official Recognition (filed w/Hearing Officer at hearing)filed. |
| Jul. 08, 1996 | CASE STATUS: Hearing Partially Held, continued to 8/14/96; 8:30am; Ft. Lauderdale) |
| Jul. 08, 1996 | Letter to Hearing Officer from S. Robertson Re: Motion to Quash or for Protective Order filed. |
| Jul. 08, 1996 | Notice of Petitioner`s Amendments to Exhibit List filed. |
| Jul. 05, 1996 | Notice of Ex Parte Communication sent out. |
| Jul. 05, 1996 | Ltr. to Court Reporter from Hearing Officer`s secretary sent out. (hearing set for July 8-11, 1996) |
| Jul. 05, 1996 | Order Granting Motion in Limine sent out. |
| Jul. 02, 1996 | Memorandum to Hearing Officer from S. Clarke Re: Subpoena Ad Testificandum filed. |
| Jul. 02, 1996 | Respondent`s Notice of Filing Exhibits filed. |
| Jul. 02, 1996 | Respondent School Board`s Proposed Prehearing Statement filed. |
| Jul. 01, 1996 | Respondent School Board`s Motion In Limine; Respondent School Board`s Motion for A Telephonic Conference On Its Motion In Limine filed. |
| Jul. 01, 1996 | (Petitioner) Notice of Respondent`s Failure to Comply With Pre-Hearing Order; Notice That Parties Have Agreed Upon A Date and Time for Emergency Telephonic Conference filed. |
| Jun. 27, 1996 | Petitioner`s Proposed Pre-Hearing Statement; Respondent`s Exhibits filed. |
| Jun. 27, 1996 | Petitioner`s Motion for An Emergency Telephonic Hearing; Petitioner`s Motion to Reconsider Motion; Petitioner`s Motion for Hearing Officer to Reconsider Petitioner`s Motion for Recommended Summary Final Order;Petitioner`s Motion to Correct and Reconsider |
| Jun. 26, 1996 | (Petitioner) Motion for Telephonic Hearing and to Compel Appearance; Memorandum to R. Vignola from S. Roberson Re: Subpoena; Cover letter from S. Roberson filed. |
| Jun. 24, 1996 | Order sent out. (Motion to consider Petitioner`s proposed recommended Order prior to the hearing is denied) |
| Jun. 24, 1996 | Amended Order sent out. (Motion for recommended summary final Order is denied) |
| Jun. 24, 1996 | Order sent out. (Respondent`s memorandum in opposition is accepted as filed) |
| Jun. 24, 1996 | (Petitioner) Motion for Telephonic Hearing and to Compel Appearance filed. |
| Jun. 18, 1996 | (Petitioner) Affidavit for Filing; Notice of Affidavit to Authenticate Documents filed. |
| Jun. 17, 1996 | Notice of Respondent`s Unsigned Document filed. |
| Jun. 14, 1996 | (Respondent) Memorandum in Opposition to Petitioner`s Motion for Hearing Officer to Consider Petitioner`s Proposed Recommended Order Prior to the Final Hearing filed. |
| Jun. 11, 1996 | Petitioner`s Notice of Service of Subpoenas filed. |
| Jun. 06, 1996 | Respondent School Board`s Motion for Extension of Time to Respond to Petitioner`s Motion for Hearing Officer to Consider Petitioner`s Proposed Recommended Order Prior to the Final Hearing filed. |
| May 30, 1996 | (Petitioner) Motion & Proposed Order for Filing (Recommended) filed. |
| May 30, 1996 | (Petitioner) Motion for Hearing Officer to Consider Petitioner`s Proposed Recommended Order Prior to the Final Hearing filed. |
| May 30, 1996 | Petitioner`s Proposed Recommended Order filed. |
| May 07, 1996 | Order sent out. (Motion for recommended summary final Order is denied) |
| May 02, 1996 | Respondent`s Supplemental Answered Interrogatories filed. |
| Apr. 25, 1996 | Respondent`s Answers to Interrogatories filed. |
| Apr. 05, 1996 | Order Granting Continuance and Rescheduling Hearing sent out. (hearing rescheduled for July 8-11, 1996; 1:00pm; Ft. Lauderdale) |
| Mar. 28, 1996 | Respondent`s Motion for Continuance of Hearing Date (Transmitted Via Facsimile in Lieu of Filing Original Pleading); Respondent School Board`s Request for Telephone Conference (Transmitted Via Facsimile in Lieu of Filing Original Pleading) filed. |
| Mar. 25, 1996 | Plaintiff`s Notices of (1) Tape Recording Deposition and (2) Bringing a Witness to Deposition filed. |
| Feb. 13, 1996 | Petitioner`s Motion for Recommended Summary Final Order filed. |
| Feb. 01, 1996 | Order Granting Continuance and Rescheduling Hearing sent out. (hearing rescheduled for April 30 & May 1-3, 1996; 11:30am; Ft. Lauderdale) |
| Jan. 22, 1996 | Respondent School Board`s Request for Continuance; Respondent School Board`s Request for Telephone Conference filed. |
| Jan. 12, 1996 | Respondent School Board`s Response to Request for Production; Respondent School Board`s Response to Request for Admissions filed. |
| Dec. 26, 1995 | Notice of Hearing sent out. (hearing set for March 19-20, 1996; 9:00am; Ft. Lauderdale) |
| Dec. 26, 1995 | Prehearing Order sent out. |
| Dec. 07, 1995 | (Petitioner) Request for Admissions w/cover letter filed. |
| Dec. 06, 1995 | (Petitioner) Request for Production of Documents w/cover letter filed. |
| Dec. 06, 1995 | Letter to EHP from S. Longariello (RE: request for subpoenas) filed. |
| Nov. 27, 1995 | (Edward J. Marko) Notice of Appearance filed. |
| Nov. 15, 1995 | Letter to Hearing Officer from Steve J. Longariello Re: Request for Extension filed. |
| Nov. 06, 1995 | Initial Order issued. |
| Nov. 01, 1995 | Notice; (2) Request for Hearing, Letter Form Dated 8/4/95 & 10/19/95;Formal Discrimination Complaint, Letter Form; Charge Transmittal; Charge of Discrimination; Resume; Supportive Documents filed. |
| Issue Date | Document | Summary |
|---|---|---|
| Dec. 23, 1997 | Agency Final Order | |
| Jul. 01, 1997 | Recommended Order | Petitioner failed to prove that Respondent discriminated against him on the basis of marital status. Recommend dismissal of discrimination complaint. |
