STATE OF FLORIDA COMMISSION ON RELATIONS

PAUL NOEL. EEOC No.

Petitioner, FCHR Case No.

v. DOAH No.

C AND S WHOLESALE SERVICES, INC.,

FCHR Order No. 15-044

Respondent.

FINAL ORDER DISMISSING PETITIO N FOR

RELIE F AN UNLAWFUL EMPLOYMENT PRACTIC E

This matter is before the Commission for consideration of the Recommended Order of Dismissal, dated May 19, issued in the above-styled matter by Administrative Law Judge

D. R. Alexander.

Findings of Fact and Conclusions of Law

Judge Alexander's Recommended Order of Dismissal reflects that Petitioner failed to comply with an order dated April 23, directing Petitioner to appear to be deposed by Respondent on May 6,

We note that, generally, Commission panels have concluded that a Petitioner's failure to respond to orders of an Administrative Law Judge amounts to a voluntary dismissal of the Petition for Relief. See, generally, Pierce v. Bright Horizons Children's Centers, LLC, FCHR Order No. 14-010 (March 26, 2014), Herard v. MasTec, Inc., FCHR Order No. 13-034 (May 1,

2013), Primrose Center, Inc., FCHR Order No. 12-009 (February 21, 2012), Roundtree, et al. v. Advenir at Stonelake, LLC, FCHR Order No. (August 30,

Biggers v. Rooms To Go, FCHR Order No. 09-045 (May 12, 2009), Shook v. Riverside National Bank. FCHR Order No. 08-029 (May 6, 2008), Clifton v. et al., FCHR Order No. 07-062 (November 7, 2007), Bordonaro v. The Green at the Heather Condominium Association, Inc., FCHR Order No. 07-010 (February 2007), Butler v. The Pepsi Bottling Group, FCHR Order No. (December 4, 2006), Castellanos v. Express Net Airlines Pilots Association, FCHR Order No. 05-061 (June 15, 2005), v. Karl's Haberdashery of Florida. Inc., FCHR Order No. 04-020 (March 2004), and Kenny v. Florida Department of Corrections, FCHR Order No. 02-020 (June 3, 2002).

In addition, we note that a Commission Panel has recognized the authority of an Administrative Law Judge to dismiss an action as a sanction for a Petitioner's failure to attend

Filed July 31, 2015 10:58 AM Division of Administrative Hearings

his noticed deposition. See, Bowleg v. LNR Property, FCHR Order No. (September 2014).

Further, with regard to the Administrative Law Judge's recommendation that, "Respondent's request for other sanctions in the form of attorney's fees and costs should be denied," we recognize the authority of the Law Judge to determine appropriate sanctions for failure to comply with discovery requests, and we conclude that the Commission does not have "final order" authority over those determinations. See, Bowleg, supra, and authorities cited therein.

Based on the foregoing, we conclude that the Petition for Relief should be dismissed.

Exceptions

Neither of the parties filed exceptions to the Administrative Law Judge's Recommended Order of Dismissal.

Dismissal

The Petition for Relief and Complaint of Discrimination 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 days of the date this Order is filed with the Clerk of the Commission. Explanation of the right to appeal is found in Section 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure

DONE AND ORDERED this day of

FOR THE FLORIDA COMMISSION ON RELATIONS:

Commissioner Michael Keller, Panel Chairperson; Commissioner Daniel; and

Commissioner Sandra Turner

Filed this day of , in Tallahassee, Florida/

Clerk

Commission on Human Relations 4075 Esplanade Way, Room Tallahassee, FL 32399

(850) 488-7082

Copies furnished to:

Paul Noel

Post Office Box 683050 Orlando, FL 32868-3050

C and S Wholesale Services, Inc. c/o Lillian Chaves Moon, Esq.

Jackson Lewis, P.C.

390 North Orange Avenue, Suite FL 32801-1674

D. R. Alexander, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that the foregoing has been mailed to the above listed

Clerk of the Commission

Florida Commission on Human Relations

Docket for Case No: 15-001179

Orders for Case No: 15-001179