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LAURIE D. DEWITT vs WAL-MART SUPER CENTER, 05-003080 (2005)

Court: Division of Administrative Hearings, Florida Number: 05-003080 Visitors: 27
Petitioner: LAURIE D. DEWITT
Respondent: WAL-MART SUPER CENTER
Judges: ELLA JANE P. DAVIS
Agency: Commissions
Locations: Jacksonville, Florida
Filed: Aug. 23, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, April 18, 2006.

Latest Update: Dec. 23, 2024
STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS LAURIE D. DEWITT, EEOC Case No. spas, ie Petitioner, FCHR Case No. 2005-00825 v. DOAH Case No. 05-3080 WAL-MART SUPER CENTER, FCHR Order No. 06-05 0 Respondent. ; FINAL ORDER DISMISSING PETITION FOR RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE This matter is before the Commission for consideration of the Recommended Order of Dismissal, dated April 18, 2006, issued in the above-styled matter by Administrative Law Judge Ella Jane P. Davis. Findings of Fact and Conclusions of Law Judge Davis’ order reflects that in a February 17, 2006, letter to Judge Davis, Petitioner withdrew the Petition for Relief. Consequently, Judge Davis recommended the Commission enter an order dismissing the Petition for Relief. The Commission’s rules reflect that a Petition for Relief from an Unlawful Employment Practice “may be dismissed by the Petitioner without order of the administrative law judge, Panel of Commissioners or Commission (i) by serving, or during hearing by stating on the record, a notice of dismissal at any time before the issuance of the recommended order...The dismissal operates with prejudice with respect to Petitioner’s Chapter.760, FS, administrative remedies and constitutes final agency action.” Fla. Admin. Code R. 60Y-5.008(7). We adopt the Administrative Law Judge’s findings and conclusions that Petitioner’s Petition for Relief be dismissed. Accord, generally, Bridges v. Schoo! District of Leon County, | Florida, FCHR Order No. 06-021 (March 7, 2006). Exceptions Neither party filed exceptions to the Administrative Law Judge’s Recommended Order of Dismissal. FCHR Order No. 06-050 Page 2 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 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_15" _ day of June 2006. FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS: Commissioner Gilbert M. Singer, Panel Chairperson; Commissioner Dominique B. Saliba, M.D.; and Commissioner Billy Whitefox Stall Filed this_15" day of June 2006, in Tallahassee, Florida. Violet Crawford, Clerk Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, FL 32301 (850) 488-7082 NOTICE TO COMPLAINANT / PETITIONER As your complaint was filed under Title VI of the Civil Rights Act of 1964, which is enforced by the U.S. Equal Employment Opportunity Commission (EEOC), you have the right to request EEOC to review this Commission’s final agency action. To secure a “substantial weight review” by EEOC, you must request it in writing within 15 days of your receipt of this Order. Send your request to Miami District Office (EEOC), One Biscayne Tower, 2 South Biscayne Blvd., Suite 2700, 27th Floor, Miami, FL 33131. FCHR Order No. 06-050 Page 3 Copies furnished to: Laurie D. Dewitt 916 Love Street Green Cove Springs, FL 32043 Wal-Mart Super Center c/o Lindsay A. Connor, Esq. Ford & Harrison, LLP 225 Water Street, Suite 710 Jacksonville, FL 32202 Ella Jane P. Davis, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel I HEREBY CERTIPY that a copy of the foregoing has been mailed to the above listed addressees this_15" day of June 2006. By: Clerk of the Commissio: Florida Commission on Human Relations

Docket for Case No: 05-003080
Issue Date Proceedings
Jun. 16, 2006 Final Order filed.
Apr. 18, 2006 Recommended Order of Dismissal. CASE CLOSED.
Mar. 02, 2006 Notice of Ex-parte Communication, Cancellation of Hearing, and Requiring Responses (Petitioner is granted 10 days from the date of this Order to file a notice stating she wishes to proceed with this case).
Feb. 23, 2006 Respondent`s Unilateral Pre-Hearing Stipulation filed.
Feb. 21, 2006 Letter to Judge Davis from L. DeWitt requesting to withdraw Petition filed.
Feb. 14, 2006 Order Compelling Discovery (Petitioner shall answer the Interrogatories and Request to Produce received on her behalf on December 16, 2005; Petitioner shall answer same on or before February 24, 2006).
Feb. 02, 2006 Respondent`s Amended Notice of Taking Deposition of Petitioner, Laura Dewitt filed.
Jan. 27, 2006 Respondent`s Notice of Taking Deposition of Petitioner, Laurie Dewitt filed.
Jan. 26, 2006 Respondent`s Motion to Compel filed.
Jan. 20, 2006 Agency`s court reporter confirmation letter filed with the Judge.
Jan. 18, 2006 Order Granting Continuance and Re-scheduling Hearing (hearing set for March 10, 2006; 9:30 a.m.; Jacksonville, FL).
Jan. 05, 2006 Unopposed Motion for Continuance of Hearing Date filed.
Oct. 17, 2005 Agency`s court reporter confirmation letter filed with the Judge.
Oct. 11, 2005 Order of Pre-hearing Instructions.
Oct. 11, 2005 Notice of Hearing (hearing set for January 30, 2006; 10:30 a.m.; Jacksonville, FL).
Aug. 30, 2005 Joint Response to Initial Order filed.
Aug. 24, 2005 Initial Order.
Aug. 23, 2005 Employment Charge of Discrimination fled.
Aug. 23, 2005 Notice of Determination: No Cause filed.
Aug. 23, 2005 Determination: No Cause filed.
Aug. 23, 2005 Petition for Relief filed.
Aug. 23, 2005 Transmittal of Petition filed by the Agency.
Source:  Florida - Division of Administrative Hearings

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