Petitioner: COLLEEN PITRA
Respondent: REMINGTON AT PONTE VEDRA LAKES APARTMENTS, ET AL, AIMCO, ET AL AND MILES CORTEZ
Judges: JAMES H. PETERSON, III
Agency: Florida Commission on Human Relations
Locations: Jacksonville, Florida
Filed: Oct. 07, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, April 25, 2011.
Latest Update: Jul. 25, 2011
10009501 AFO
COLLEEN PITRA,
Petitioner,
v.
STATE OF FLORIDA COMMISSION ONilll.J.;:¥A tJIBLATIONS
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HtARfNGS DOAH Case No. 10-9501
REMINGTON AT PONTE VEDRA LAKES APARTMENTS, ET AL., AIMCO, ET AL. AND MILES CORTEZ,
FCHROrderNo. 11-057
Respondents.
I
FINAL ORDER DISMISSING PETITION FOR RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE
This matter is before the Commission for consideration of the Recommended Order of Dismissal, dated April 25, 2011, issued in the above-styled matter by Administrative Law Judge James H. Peterson, III.
Findings of Fact and Conclusions of Law
Judge Peterson's order reflects that Petitioner failed to appear at the scheduled administrative hearing in the matter. Specifically, Judge Peterson's order recommends that the Commission issue a final order dismissing the case based on Petitioner's "failure to present any evidence in support of her Petition... "
We note that the order re-scheduling the final hearing in this matter for April 22, 2011, issued on January 25, 2011, omits Petitioner's apartment number from the address to which the order indicates it was sent to Petitioner. Nevertheless, filings by Petitioner on January 26, 2011, and February 5, 2011, reflect that Petitioner was aware of the April 22, 2011, final hearing date.
Commission panels have concluded that when a Petitioner fails to appear at the scheduled administrative hearing in their case, they fail to meet their burden of proof, and the Petition for Relief should be dismissed. See, e.g., Patterson v. Panama City Housing Authority, FCHR Order No. 11-001 (January 13, 2011), Crump v. The Majestic Tower at Bal Harbour, FCHR Order No. 10-072 (September 21, 2010), Bermudez v. Lake County Housing Authority, FCHR Order No.
10-041 (April 27, 2010), Cowden v. Difiglio, et al., FCHR Order No. 09-115 (December 14, 2009), Scott v. Two Men and a Truck, FCHR Order No. 09-009 (January 27, 2009), Enzor v. Sandco, Inc., FCHR Order No. 08-048 (July 29, 2008), Rodriguez v. Center Point Health and Rehab, FCHR Order No. 08-001 (January 14, 2008), West v. Sembler Corporation, d/b/a Bay Walk, FCHR Order No. 07-037 (June 15, 2007), Martinez v. KJC Enterprises, d/b/a Plantation Island Resort, FCHR Order No. 07-028 (April 20, 2007), Chaney, et al. v. Robert Buckner &
Associates, FCHR Order No. 06-092 (November 13, 2006), and Prek v. Workforce Central Florida, FCHR Order No. 06-079 (September 18, 2006).
We adopt the Administrative Law Judge's finding as to the nonappearance of Petitioner and conclude that Petitioner has failed to carry her burden of proof.
Exceptions
None of the parties filed exceptions to the Administrative Law Judge's Recommended Order of Dismissal.
Dismissal
The Petition for Relief and Housing Discrimination Complaint are DISMISSED with prejudice.
The parties have the right to seek judicial review of this Order. The Commission and the appropriate District Court of Appeal must receive notice of appeal within 30 days of the date this Order is filed with the Clerk of the Commission. Explanation of the right of appeal is found in Section 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure 9.110.
DONE AND ORDERED this 13th day of July , 2011. FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:
Commissioner Donna Elam, Panel Chairperson; Commissioner Watson Haynes, II; and Commissioner Billy Whitefox Stall
Filed this 13th day of in Tallahassee, Florida.
-=-J""""ul:.,Ly
,, 2011,
Violet Crawford,
Commission on Human Relations 2009 Apalachee Parkway, Suite 100
Tallahassee, FL 32301
(850) 488-7082
Copies furnished to:
Colleen Pitra c/o Terry Pitra
611 Ponte Vedra Lakes Boulevard, Apt. 3805 Ponte Vedra Beach, FL 32082
Remington at Ponte Vedra Lakes Apartments, et al.,
AIMCO, et al. and Miles Cortez c/o Scott M. Badami, Esq.
Fox Rothschild, LLP
10 Sentry Parkway, Suite 200
P. 0. Box 3001
Blue Bell, PA 19422-3001
James H. Peterson, III, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel
I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this 13th day of July , 2011.
By: -1-4,l),L.LJ,t_--= ,e
.u.....,. lo<L...--
Clerk of the Commission
Florida Commission on Human Relations
Docket for Case No: 10-009501
Issue Date |
Proceedings |
Jul. 25, 2011 |
Letter to DOAH from C. Pitra regarding filing another complaint filed.
|
Jul. 14, 2011 |
Agency Final Order Dismissing Petition for Relief from a Discriminatory Housing Practice filed.
|
Jul. 12, 2011 |
Fax regarding Housing Discrimination Complaint filed.
|
May 31, 2011 |
Letter to DOAH from C. Pitra regarding a notice of non-renewal filed.
|
Apr. 29, 2011 |
Transmittal letter from Claudia Llado forwarding Petitioner's proposed Exhibits, to the agency.
|
Apr. 25, 2011 |
Recommended Order of Dismissal. CASE CLOSED.
|
Apr. 25, 2011 |
Letter to Billie from Colleen Pitra regarding returned phone call filed.
|
Apr. 22, 2011 |
CASE STATUS: Hearing Held. |
Apr. 21, 2011 |
Respondent's Motion to Quash Subpoenas filed.
|
Apr. 21, 2011 |
Letter to DOAH from T. Pitra regarding a reposnse to a voice message filed.
|
Apr. 19, 2011 |
Order Accepting Qualified Representative (T. Pitra).
|
Apr. 19, 2011 |
Order Accepting Qualified Representative (S. Badami).
|
Apr. 18, 2011 |
Letter to Denise Crawford from C. Pitra regarding respondents first set of request for admission filed.
|
Apr. 18, 2011 |
Letter to S. Badami from C. Pitra regarding a document april 13, 2011 filed.
|
Apr. 15, 2011 |
Letter to DOAH from C. Pitra regarding to object to the respondent's motion to relinquish jurisdiction filed.
|
Apr. 14, 2011 |
Respondent's First Set of Request for Admissions Directed to Petitioner Colleen Pitra filed.
|
Apr. 14, 2011 |
Respondent's First Set of Interrogatories and Document Request Directed to Petitioner Colleen Pitra filed.
|
Apr. 14, 2011 |
Respondent's Motion to Appoint a Qualified Representative filed.
|
Apr. 14, 2011 |
Respondent's Motion to Relinquish Jurisdiction filed.
|
Mar. 29, 2011 |
Letter to DOAH from C. Pitra regarding petitioner's second notice addressing the following issues filed.
|
Feb. 07, 2011 |
Letter to Denise Crawford from Terry Pitra regarding corrected copy of Response to rescheduling date and qualifications for legal representation filed.
|
Jan. 26, 2011 |
Response to Rescheduling date and Qulifications for Legal Representation filed.
|
Jan. 26, 2011 |
Objection to Respondent's Status Report filed.
|
Jan. 26, 2011 |
Request for Some Semblance of Civility filed.
|
Jan. 25, 2011 |
Objection to barring complaint due to statute of limitations Objection to declaration of Jennifer Clavel filed.
|
Jan. 25, 2011 |
Objection to statements submitted by Respondent as facts under Rule 1.280(b), filed.
|
Jan. 25, 2011 |
Order Re-scheduling Final Hearing, Denying Respondent's Motion for Summary Judgment, and Setting Forth Requirements for Qualified Representatives (hearing set for April 22, 2011; 9:30 a.m.; Jacksonville, FL).
|
Jan. 19, 2011 |
Objection to the Motion for Summary Judgment is Hereby Expressed filed.
|
Jan. 14, 2011 |
Respondent's Motion for Summary Judgment/Summary Final Order (with signature and Declaration of Jennifer Clavel attached) filed.
|
Jan. 14, 2011 |
Respondent's Status Report filed.
|
Jan. 14, 2011 |
Respondent's Motion for Summary Judgement/Summary Final Order filed.
|
Dec. 27, 2010 |
Letter to Denise Crawford from T. Pitra requesting to re-schedule hearing in February or March filed.
|
Dec. 23, 2010 |
Letter to Denise Crawford from T. Pitra regarding correspondence dated December 14, 2010, filed.
|
Dec. 15, 2010 |
Letter to Denise Crawford from T. Pitra regarding a list of witnesses filed.
|
Dec. 14, 2010 |
Order Granting Continuance (parties to advise status by January 14, 2011).
|
Dec. 14, 2010 |
Regarding a Correspondence sent to the Respondent filed.
|
Dec. 13, 2010 |
Respondent's Status Report and Request for Clarification filed.
|
Dec. 10, 2010 |
Respondent's Witness List and Certification Concerning Exhibits filed.
|
Dec. 09, 2010 |
Letter to Denise Crawford from T. Pitra regarding Order of Pre-hearing Instructions from Petitioner filed.
|
Dec. 09, 2010 |
Order Denying Continuance of Final Hearing.
|
Dec. 09, 2010 |
Notice of Transfer.
|
Dec. 06, 2010 |
Letter to DOAH from T. Pitra regarding the order of pre-hearing instructions filed.
|
Dec. 06, 2010 |
Letter to Denise Crawford from T. and C. Pitra regarding witness list filed.
|
Dec. 02, 2010 |
Respondent's Motion to Continue the Hearing Date filed.
|
Dec. 01, 2010 |
Letter to Judge Stevenson from S. Badami regarding a follow up filed.
|
Nov. 30, 2010 |
Letter to DOAH from C. Pitra requesting son be approved as qualified representative at the hearing filed.
|
Nov. 30, 2010 |
Witness List filed.
|
Nov. 23, 2010 |
Letter to DOAH from T. Pitra regarding pre-hearing order instructions and documents (attachments not available for viewing) filed.
|
Nov. 22, 2010 |
Letter to DOAH from T. Pitra regarding a order of pre-hearing instructions filed.
|
Nov. 15, 2010 |
Letter to DOAH from T. Pitra regarding petitioner's documented attempt filed.
|
Nov. 12, 2010 |
Letter to Judge Stevenson from Scott Badami regarding scheduling filed.
|
Nov. 01, 2010 |
Letter to DOAH from T. Pitra regarding correspondence received filed.
|
Oct. 28, 2010 |
Additional Complaint due to Threatening , Coercing, and intimidating an Indivdual Exercising a Fair Housing Right filed.
|
Oct. 22, 2010 |
Letter to Judge Stevenson from C. Pitra regarding the response Initial Order filed.
|
Oct. 18, 2010 |
Letter to DOAH from T. Pitra regarding confirmation filed.
|
Oct. 15, 2010 |
Respondent's Reply to the Initial Order dated October 7, 2010 filed.
|
Oct. 13, 2010 |
Order of Pre-hearing Instructions.
|
Oct. 13, 2010 |
Notice of Hearing (hearing set for December 17, 2010; 9:00 a.m.; Jacksonville, FL).
|
Oct. 12, 2010 |
Letter to DOAH from T. Pitra regarding a copy of the power attorney (exhibits not available for viewing) filed.
|
Oct. 07, 2010 |
Initial Order.
|
Oct. 07, 2010 |
Housing Discrimination Complaint filed.
|
Oct. 07, 2010 |
Determination filed.
|
Oct. 07, 2010 |
Notice of Determination of No Cause filed.
|
Oct. 07, 2010 |
Petition for Relief filed.
|
Oct. 07, 2010 |
Transmittal of Petition filed by the Agency.
|
Orders for Case No: 10-009501