STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SUSANNE GOSS,

vs.

Petitioner,

Case No. 14-2809

KAZI FOODS OF FLORIDA, INC., d/b/a KENTUCKY FRIED CHICKEN,

Respondent.

/

RECOMMENDED ORDER OF DISMISSAL

This cause came before the undersigned on the Response to Order to Show Cause filed by Petitioner Suzanne Goss on

August 21, 2014, in response to the Order to Show Cause issued on August 11, 2014.

As discussed in the Order to Show Cause, Respondent Kazi Foods of Florida, Inc. ("Kazi"), submitted a copy of the Notice of Chapter 11 Bankruptcy Case, Meeting of Creditors & Deadlines ("Notice"),1/ in Kazi's bankruptcy case, Case No. 11-43971, In re: Kazi Foods of Michigan, Inc.2/ The Notice was served by the

Bankruptcy Court on parties, including Petitioner, and required parties wishing to assert a claim against Kazi to file a Proof of Claim by a deadline of June 22, 2011.

During the course of the bankruptcy proceedings, Kazi's operations and assets were completely liquidated under the

auspices of the Bankruptcy Court. On November 1, 2012, the Court confirmed Kazi's Amended Combined Plan of Liquidation and Disclosure Statement ("Plan").3/ Pursuant to the Plan, all remaining assets of Kazi not sold through the bankruptcy were placed in a Liquidation Trust established for the benefit of parties who had timely asserted claims against the bankruptcy estate. The Plan provided that the Liquidation Trustee was not authorized to recognize any claim occurring after the Record Date, which was the date for determining entitlement to receive distributions under the Plan on account of allowed claims; the Record Date under the Plan was established as November 12, 2012. Bankruptcy Rule 3002(a) requires unsecured creditors and equity security holders to file a proof of claim or interest for the claim or interest to be allowed.

Respondent asserts that Petitioner did not timely file a Proof of Claim with the bankruptcy court and did not otherwise timely assert a claim against the Kazi bankruptcy estate, so is now legally barred from doing so by the Bankruptcy Court's Order affirming the Plan. Petitioner acknowledges that she did not timely file a Proof of Claim in the bankruptcy proceeding and claims that she did not receive the Notice.

On May 10, 2013, the Bankruptcy Court entered an Order Terminating Joint Administration of Cases4/ in Case No. 11-43971,

closing Kazi's chapter 11 bankruptcy case because the case had been fully administered and Kazi had been completely liquidated.

The Division of Administrative Hearings lacks jurisdiction to resolve any issues regarding the conduct and resolution of the Kazi bankruptcy proceeding, including Petitioner's claim that she did not receive notice. The undersigned's jurisdiction is limited to determining disputed issues of material fact regarding Petitioner's discrimination claim and to recommend remedies, if appropriate, to the Florida Commission on Human Relations.

Here, there is no dispute that Kazi has been completely liquidated, so no longer exists or possesses any assets for purposes of providing a remedy in this case, even if Petitioner met her burden to prove that Kazi engaged in an unlawful employment practice in violation of chapter 760, Florida Statutes. Since Kazi no longer exists, the undersigned cannot recommend, and the Florida Commission on Human Relations cannot order, that Kazi provide a remedy to Petitioner. Accordingly, this matter has become moot. See Merkle v. Jacoby, 912 So. 2d 595 (Fla. 2d DCA 2005)(a case becomes moot and is subject to dismissal where a change of circumstances occurs before a court's decision, thereby making it impossible to provide effectual relief).

Accordingly, it is RECOMMENDED that the Florida Commission on Human Relations enter a final order in this proceeding dismissing Petitioner's Petition for Relief as moot.

DONE AND ENTERED this 10th day of September, 2014, in Tallahassee, Leon County, Florida.

S

CATHY M. SELLERS

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 10th day of September, 2014.

ENDNOTES

1/ The Notice is attached as pages 1-19 of Exhibit A to the Position Statement of Kazi Foods of Florida, Inc., filed on August 7, 2014. The Notice (bottom of page 15) shows that Goss was provided notice at a specified address.

2/ Respondent Kazi Foods of Florida, Inc., was a Debtor in this bankruptcy proceeding. Amended Combined Plan of Liquidation and Disclosure Statement, § 1.23, page 4.

3/ The Plan is attached as Exhibit C to the Position Statement of Kazi Foods of Florida, Inc., filed on August 7, 2014. A certified copy of the Order Granting Final Approval of Disclosure Statement and Confirming Debtors' Amended Plan of Liquidation, which confirmed the Plan, is included in the case file of this proceeding.

4/ The Order Terminating Joint Administration of Cases is attached as Exhibit D to the Position Statement of Kazi Foods of Florida, Inc., filed on August 7, 2014, and a certified copy is included in the case file of this proceeding.

COPIES FURNISHED:

Alexander S. Gareeb, Esquire Gareeb Law Group

21333 Oxnard Street, Second Floor Woodland Hills, California 91367

Jeffrey Scott Grasl, Esquire McDonald Hopkins PLC

39533 Woodward Avenue, Suite 318 Bloomfield Hills, Michigan 48304 (eServed)

Susanne Goss

2903 Golden Egg Circle, Apartment H8 Greenwood, Mississippi 38930

Susanne Goss

6226 County Road 92

Greenwood, Mississippi 38930

Cheyanne Michelle Costilla, General Counsel Florida Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301 (eServed)

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the Final Order in this case.

Docket for Case No: 14-002809

Orders for Case No: 14-002809