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METI J. FERGUSON vs CTI RESOURCE MANAGEMENT SERVICES, 16-006631 (2016)

Court: Division of Administrative Hearings, Florida Number: 16-006631 Visitors: 24
Petitioner: METI J. FERGUSON
Respondent: CTI RESOURCE MANAGEMENT SERVICES
Judges: W. DAVID WATKINS
Agency: Florida Commission on Human Relations
Locations: Jacksonville, Florida
Filed: Nov. 14, 2016
Status: Closed
Recommended Order on Friday, March 24, 2017.

Latest Update: Oct. 31, 2017
Summary: Did Respondent, CTI Resource Management Services, discriminate against Petitioner on account of her race, in violation of chapter 760, Florida Statutes?Petitioner failed to establish that she was the victim of discrimination based upon race.
TempHtml



STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS


J. FERGUSON, EEOC Case No.


Petitioner, FCHR Case No. 2016-00358


v. DOAH Case No. 16-6631


RESOURCE MANAGEMENT SERVICES,

FCHR Order No.


Respondent.


FINAL ORDER DISMISSING PETITIO N FOR

RELIE F FROM AN UNLAWFUL EMPLOYMENT PRACTIC E


Preliminary Matters


Petitioner Meti J. Ferguson filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - Florida Statutes

alleging that Respondent CTI Resource Management Services, committed an unlawful employment practice on the basis of Petitioner's race (Black) by terminating Petitioner from employment.

The allegations set forth in the complaint were investigated, and, on October

the Executive Director issued a determination finding that there was no reasonable cause to believe that an unlawful employment practice had occurred.

Petitioner filed a Petition for Relief from an Unlawful Employment Practice, and the case was transmitted to the Division of Administrative Hearings for the conduct of a formal proceeding.

An evidentiary hearing was held by video teleconference at sites in Jacksonville and Tallahassee, Florida, on January 24, before Administrative Law Judge W. David Watkins.

Judge Watkins issued a Recommended Order of dismissal, dated March 24,

2017.

The Commission panel designated below considered the record of this matter and

determined the action to be taken on the Recommended Order.


Findings of Fact


We find the Administrative Law Judge's findings of fact to be supported by competent substantial evidence.

We adopt the Administrative Law Judge's findings of fact.


Filed June 15, 2017 12:13 PM Division of Administrative Hearings


Conclusions of Law


We the Administrative Law Judge's application of the law to the facts to result in a correct disposition of the matter.

We adopt the Administrative Law Judge's conclusions of law.


Exceptions


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


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 Florida Statutes, and in the Florida Rules of Appellate Procedure


DONE AND ORDERED this )S day of

FOR THE FLORIDA COMMISSION ON RELATIONS:


Commissioner Rebecca Steele, Panel Chairperson; Commissioner Derick Daniel; and

Commissioner Sandra Turner


Filed this day of in Tallahassee, Florida.


Clerk

Commission Human Relations 4075 Esplanade Way, Room Tallahassee, FL 3239



Copies furnished to:


J. Ferguson 200 Crete Court

St. Augustine, FL 32084


CTI Resource Management Services c/o Peter R. Corbin, Esq.

FordHarrison LLP

225 Water Street, Ste. 170

Jacksonville, FL 32202


W. David Watkins, Administrative Law Judge, DOAH Radhika Puri, Legal Advisor for Commission Panel


I HEREBY that a the foregoing has been mailed to the above listed addressees this day


Clerk of the Commission

Florida Commission on Human Relations


Docket for Case No: 16-006631
Issue Date Proceedings
Oct. 31, 2017 Mandate filed.
Oct. 31, 2017 BY ORDER OF THE COURT: Appellant's failure to prosecute this appeal and to respond affirmatively to notice of such failure from this Court, the above-styled cause is dismissed.
Oct. 12, 2017 BY ORDER OF THE COURT: the above-styled cause is dismissed.
Oct. 06, 2017 Index to the Record on Appeal filed.
Sep. 26, 2017 BY ORDER OF THE COURT: Appellant shall file why the above-styled appeal should not be dismissed for failure to file an initial brief in this cause.
Aug. 09, 2017 Acknowledgment of New Case, Fifth DCA Case No. 5D17-2534 filed.
Jul. 14, 2017 Notice of Appeal to Final Decision filed.
Jun. 15, 2017 Agency Final Order Dismissing Petition for Relief from an Unlawful Employment Practice filed.
Mar. 27, 2017 Transmittal letter from Claudia Llado forwarding Respondent's Proposed Exhibits to Respondent.
Mar. 24, 2017 Recommended Order (hearing held January 24, 2017). CASE CLOSED.
Mar. 24, 2017 Recommended Order cover letter identifying the hearing record referred to the Agency.
Mar. 20, 2017 Undeliverable envelope returned from the Post Office.
Mar. 17, 2017 Respondent's Motion to Strike Petitioner's Exhibits A, B and C filed.
Mar. 15, 2017 Respondent's Proposed Recommended Order filed.
Mar. 03, 2017 Order Granting Extension of Time.
Mar. 01, 2017 Respondent's Response to Petitioner's Motion for Continuance filed.
Feb. 27, 2017 Revised Motion for Continuance filed.
Feb. 24, 2017 Notice of Ex-parte Communication.
Feb. 22, 2017 Motion for Continuance filed.
Feb. 17, 2017 Respondent's Proposed Recommended Order filed.
Feb. 08, 2017 Transcript of Proceedings (not available for viewing) filed.
Jan. 24, 2017 CASE STATUS: Hearing Held.
Jan. 20, 2017 Notice of Intent to Order Transcript filed.
Jan. 19, 2017 Court Reporter Request filed.
Jan. 17, 2017 Letter to Judge Watkins from Peter Corbin enclosing a revised copy of Respondent's Notice of Filing Proposed Exhibits with two additional exhibits 10 and 11 filed.
Jan. 17, 2017 Respondent's Notice of Filing Prospective Exhibits filed (not available for viewing). 
 Confidential document; not available for viewing.
Jan. 17, 2017 Respondent's List of Witnesses filed.
Jan. 17, 2017 Respondent's Notice of Filing Prospective Exhibits filed (exhibits not available for viewing).
Dec. 14, 2016 Notice of Appearance (Peter Corbin) filed.
Nov. 29, 2016 Notice of Taking Petitioner's Deposition filed.
Nov. 23, 2016 Order of Pre-hearing Instructions.
Nov. 23, 2016 Notice of Hearing by Video Teleconference (hearing set for January 24, 2017; 9:30 a.m.; Jacksonville and Tallahassee, FL).
Nov. 22, 2016 Respondent's First Requests for Production to Petitioner filed.
Nov. 22, 2016 Respondent's Notice of Serving First Set of Interrogatories filed.
Nov. 21, 2016 Joint Response to the Initial Order filed.
Nov. 21, 2016 Notice of Appearance (Amy Turci) filed.
Nov. 14, 2016 Initial Order.
Nov. 14, 2016 Charge of Discrimination filed.
Nov. 14, 2016 Notice of Determination: No Reasonable Cause filed.
Nov. 14, 2016 Determination: No Reasonable Cause filed.
Nov. 14, 2016 Petition for Relief filed.
Nov. 14, 2016 Transmittal of Petition filed by the Agency.

Orders for Case No: 16-006631
Issue Date Document Summary
Jun. 15, 2017 Agency Final Order
Mar. 24, 2017 Recommended Order Petitioner failed to establish that she was the victim of discrimination based upon race.
Source:  Florida - Division of Administrative Hearings

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