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JESSE TOCA vs EXP.COM, INC., AND MARK BENNING, 01-001015 (2001)

Court: Division of Administrative Hearings, Florida Number: 01-001015 Visitors: 15
Petitioner: JESSE TOCA
Respondent: EXP.COM, INC., AND MARK BENNING
Judges: DANIEL MANRY
Agency: Florida Commission on Human Relations
Locations: Lutz, Florida
Filed: Mar. 13, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, May 29, 2001.

Latest Update: May 22, 2024

Docket for Case No: 01-001015
Issue Date Proceedings
Mar. 03, 2003 Order from the District Court: "Appellant`s motion for rehearing and to reinstate appeal is denied filed.
Feb. 04, 2003 Appellant`s Motion for Rehearing and to Reinstate Appeal filed.
Jan. 27, 2003 Opinion filed.
Jan. 13, 2003 Answer Brief of Appellee Mark Benning filed.
Jan. 09, 2003 Appellant`s Motion for Oral Argument filed.
Dec. 23, 2002 BY ORDER OF THE COURT: "Appellant`s notice of withdrawal of his moiton to supplement the record is granted" filed.
Dec. 09, 2002 Appellant`s Notice of Conditional Withdrawal of Appellant`s Motion to Supplement the Record with the Transcript of the November 1, 2001 Deliberation Hearing and to Temporaruly Relinquish Jurisdiction to Supplement the Record filed.
Dec. 09, 2002 Apellants Initial Brief filed.
Dec. 02, 2002 Order from the District Court of Appeal: "Appeellee shall show cause within 15 days why sanctions should not be imposed for its failure to timely respond to court`s order of November 4, 2002."
Nov. 06, 2002 Order from the District Court of Appeal: "Counsel for appellee shall file a response within 10 days to appellant`s motion to supplement the record and to temporarily relinquish jurisdiction to supplement the record."
Oct. 30, 2002 Appellant`s Motion to Supplement the Record with the Transcript of the November 1, 2001 Deliberation Hearing and to Temporarily Relinquish Jurisdiction to Supplement the Record filed.
Oct. 28, 2002 Order from the District Court of Appeal: "Appellant`s initial brief shall be served within 15 days or this appeal will be dismissed."
Sep. 09, 2002 BY ORDER OF THE COURT: (Appellant/petitioner`s motion for accommodation of religious beliefs is denied as moot) filed.
Apr. 15, 2002 BY ORDER OF THE COURT: (Appellant`s motion to correct and supplement the record on appeal and to temporarily relinquish jurisdiction for the limited purpose of record correction and supplementation is denied) filed.
Apr. 05, 2002 BY ORDER OF THE COURT: (Appellant/Petitioner`s motion to vacate and clarify paragraph two of this court`s order of March 7, 2002 is denied). filed.
Apr. 03, 2002 Appellant`s Motion to Correct and Supplement the Record on Appeal and to Temporarily Relinquish Jurisdiction for the Limited Purpose of Record Correction and Supplementation filed.
Mar. 26, 2002 Appellant`s Objection and Motion to Cacate or Clarify This Court`s March 7, 2002 Order Regarding the Signing of Documents in Accordance With Rule 2.060(e) of the Florida Rules of Judicial Administration With Supporting Memorandum of Points and Authorities filed.
Mar. 11, 2002 BY ORDER OF THE COURT: (Henceforth, Jesse Toca shall comply with Florida Rule of Judicial administration 2.060(d), by signing his filings inthis court in accordance with Florida Rule of Judicial Administration 2.060(e) filed.
Mar. 08, 2002 BY ORDER OF THE COURT: (Petitioner`s petition for writ of review is dismissed). filed.
Feb. 14, 2002 BY ORDER OF THE COURT: (the filing fee is waived on the basis that there is no challenge to the certificate of indigency issued 3/22/01). filed.
Jan. 28, 2002 BY ORDER OF THE COURT: (Appellant`s motion to vacate filing fee payment order of December 18, 2001, is denied). filed.
Dec. 31, 2001 Appellant`s Motion to Vacate Filing Fee Payment Order Entered on December 18, 2001 and Appellant`s Notice of Filing Certificate of Indigency filed.
Dec. 20, 2001 Letter to DOAH from the District Court of Appeal filed. DCA Case No. 2D01-5371
Dec. 20, 2001 BY ORDER OF THE COURT: (The administrative appeal has been filed without a filing fee required by section 35.22(3), Florida Statutes (2001) filed.
Dec. 13, 2001 Appellant`s Notice of Filing Certificate of Indigency filed.
Dec. 13, 2001 Notice of Appeal From a Final Order Dismissing Jesse Toca`s Complaint of Religious Discrimination and Dismissing Jesse Toca`s Petition for Relief From Unlawful Employment Action filed.
Nov. 30, 2001 Final Order Dismissing Petition for Relief from an Unlawful Employment Practice filed.
Jun. 25, 2001 BY ORDER OF THE COURT: Peititioner`s Motion for Clarification is denied filed.
Jun. 06, 2001 Petitioner`s Exceptions to Recommended Order Entered on May 29, 2001 by the Division of Administrative Hearings; Statement of Disputed Issues of Material Fact with Citations to the Record Before the Division of Administrative Hearings; and, Supporting Memorandum of Points and Authorities (filed via facsimile).
Jun. 04, 2001 BY ORDER OF THE COURT: Petitioner`s Petition for Writ of Review is dismissed filed.
May 29, 2001 Recommended Order of Dismissal issued. CASE CLOSED.
May 24, 2001 Petitioner`s Motion to Preclude Entry of Recommended Order Pending Disposition of Petitioner`s Interlocutory Appeal (Petition for Review of Final Order) by the Second District Court of Appeal (filed via facsimile).
May 03, 2001 Order Granting Motion to Recuse Administratie Law Judge issued.
Apr. 23, 2001 Petitioner`s Motion to Compel Discovery and for Sanctions with Supporting Memorandum of Law (Corrected) filed via facsimile.
Apr. 23, 2001 Response to Request for Information (filed by Petitioner via facsimile).
Apr. 23, 2001 Petitioner`s Motion to Compel Discovery and for Sanctions with Supporting Memorandum of Law (filed via facsimile).
Apr. 16, 2001 Letter to DOAH from the District Court of Appeal filed. DCA Case No. 2D01-1461
Apr. 16, 2001 Petitioner`s Appendix Containing Record Excerpts before the Division of Administrative Hearings in Support of Petition for Review of Non-Final Order or Decision of the Division of Administrative Hearings (filed via facsimile).
Apr. 16, 2001 Petition for Review of Non-Final Order of the Administrative Hearings (filed via facsimile).
Apr. 11, 2001 Petitioner`s Motion to Strike Declaration of Mark Benning filed on April 9, 2001 (filed via facsimile).
Apr. 11, 2001 Petitioner`s Statement Contradicting Declaration of Mark Benning filed on April 9, 2001 (filed via facsimile).
Apr. 09, 2001 Declaration of Mark Benning in Response to Allegations of Ex Parte Communications (filed via facsimile).
Mar. 29, 2001 Notice of Appeal of Nonfinal Order/Petition for Review; Designation of the Record on Appeal; and, Statement of Adjudicative Acts to be Reviewed (filed by Petitioner via facsimile).
Mar. 28, 2001 Order Denying Petitioner`s Motion for Allocation of Funds issued.
Mar. 27, 2001 Petitioner`s Motion for Allocation of Funds to Take Discovery Depositions and to Obtain the Transcripts thereof with Supporting Memorandum of Points and Authorities (filed via facsimile).
Mar. 27, 2001 Petitioner`s Motion to Compel Mark Benning to Demonstrate his Fitness as a Qualified Representative at an Adversarial Evidentiary Hearing by Videoconference before the Assigned Presiding Judge (filed via facsimile).
Mar. 27, 2001 Petitioner`s Motion to Disqualify Mark Benning and to Strike All Documents filed by by Mark Benning on Behalf of Exp.Com, Inc. (filed via facsimile).
Mar. 26, 2001 Notice of Respondent`s Probable Opposition to the Petitioner`s Motion to Strike Affidavit and all other Documents (Respondents` Exhibits A through H Attached to Affidavit) filed with the Division of Administrative Hearings on March 21, 2001 and Objection to Admissibility of all such Documents on the Basis of Incompetent Evidence, Hearsay and want of Authenticity (filed via facsimile).
Mar. 26, 2001 Petitioner`s Motion to Strike Affidavit and all other Documents (Respondents` Exhibits A Though H Attached to Affidavit) filed with the Division of Administrative Hearings on March 21,2001 and Objection to Admissibility of all such Documents on the basis of Incompetent Evidence, Hearsay and want of Authenticity (filed via facsimile).
Mar. 26, 2001 Petitioner`s Statement Contradicting the Respondents` Affidavit Filed Before the Division of Administrative Hearings on March 21, 2001; Request for Judicial Notice and/or For Official Recognition; and the Memorandum of Points and Authorities Regarding the Petitioner`s Objections to Taking Oaths or Swearing in any Manner Whatsoever (filed via facsimile).
Mar. 26, 2001 Petitioner`s Response to Order entered on March 22, 2001 treating the Respondents` Motion for Summary Hearing as a Motion to Dismiss Petition for Unlawful Employment Practice/Complaint of Religious Discrimination and Requiring the Petitioner to Show Cause Why Said Request for Judicial Notice and/or Official Recognition; and Supporting Memorandum of Points and Authorities (filed via facsimile).
Mar. 22, 2001 Order on Respondent`s Motion for Summary Hearing and Requiring Response From Petitioner issued (Respondent`s Motion for Summary Hearing will be treated as a Motion to Dismiss; response to be filed in 15 days).
Mar. 22, 2001 Certificate of Indigency sent out.
Mar. 21, 2001 Petitioner`s Notice of Opposition to Summary Hearing and to the Respondents` Motion for Summary Hearing (filed via facsimile).
Mar. 21, 2001 Petitioner`s Certificate of Indigency (filed via facsimile).
Mar. 21, 2001 Affidavit of Mark Benning in Support of Statement of EXP.COM in Response to Complaint of Discrimination by Jesse Toca filed.
Mar. 21, 2001 Appearance of Respondents EXP.COM, Inc., and Mark Benning, Motion for Summary Hearing filed.
Mar. 20, 2001 Petitioner`s Notice of Respondent`s Potential Opposition to Petitioner`s Motion for Entry of Proposed Findings of Fact and Conclusion of Law (filed via facsimile).
Mar. 20, 2001 Petitioner`s Motion for Entry of Proposed Finding of Fact and Conclusions of Laws with Respect to Petition for Relief from Unlawful Employment Practice-Complaint of Religious Discrinimation Under the Florida Civil Right Acts of 1992; Notice of Request for Official Recognition and for Judicial Notice; Request for Official Recognition and for Judicial Notice; and Supporting Memorandum of Points and Authorities (filed via facsimile).
Mar. 14, 2001 Petitioner`s Certificate of Indigency (filed via facsimile).
Mar. 14, 2001 Petitioner`s Designation of Place of Depositions and Hearing (filed via facsimile).
Mar. 14, 2001 Petitoner`s Response to Initial Order (filed via facsimile).
Mar. 13, 2001 Initial Order issued.
Mar. 13, 2001 Complaint of Religious Discrimination Under the Florida Civil Rights Act of 1992; Notice of Request for Official Recognition and for Judicial Notice; and Supporting Memorandum of Points and Authorities filed.
Mar. 13, 2001 Petition for Relief from Unlawful Employment Practice filed.
Mar. 13, 2001 Determination: No Jurisdiction filed.
Mar. 13, 2001 Notice of Determination: No Jurisdiction filed.
Mar. 13, 2001 Notice of Respondent of Filing of Petition For Relief from an Unlawful Employment Practice filed.
Mar. 13, 2001 Transmittal of Petition filed by the Agency.
Mar. 08, 2001 Petition for Relief from Unlawful Employment Practice (filed via facsimile).
Source:  Florida - Division of Administrative Hearings

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