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.
|