Elawyers Elawyers
Ohio| Change

STEVE J. LONGARIELLO vs COLLIER COUNTY SCHOOL BOARD, 95-005314 (1995)

Court: Division of Administrative Hearings, Florida Number: 95-005314 Visitors: 25
Petitioner: STEVE J. LONGARIELLO
Respondent: COLLIER COUNTY SCHOOL BOARD
Judges: ROBERT E. MEALE
Agency: Florida Commission on Human Relations
Locations: Naples, Florida
Filed: Nov. 01, 1995
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, March 7, 2005.

Latest Update: Mar. 07, 2005
Summary: Whether the Respondent's motion to dismiss should be granted.No preliminary review on marital status which barred since not timely filed plus pending federal lawsuit.
95-5314

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


STEVE J. LONGARIELLO, )

)

Petitioner, )

)

vs. ) CASE NO. 95-5314

) COLLIER COUNTY PUBLIC SCHOOLS, )

)

Respondent. )

)


RECOMMENDED ORDER


On November 15, 1995, the Respondent, Collier County Public Schools, filed a motion to dismiss which was renewed by motion dated January 3, 1996. The Petitioner filed a response to the motion on November 30, 1995, which has been considered in the preparation of this order.


APPEARANCES


For Petitioner: Steve J. Longariello, pro se

9999 Summerbreeze Drive, Apartment 422

Sunrise, Florida 33322


For Respondent: Jonathan D. Fishbane, Esquire

ROETZEL & ANDRESS

850 Park Shore Drive Naples, Florida 33940


STATEMENT OF THE ISSUES


Whether the Respondent's motion to dismiss should be granted.


PRELIMINARY STATEMENT


This case began on August 5, 1993, when the Petitioner filed a complaint with the Florida Commission on Human Relations and the EEOC that alleged discrimination based on sex. The discrimination charge (which is a form) specified that the discrimination took place from August 26, 1992 with continuing action through May 21, 1993. Further, the narrative portion of the complaint set forth the following acts allegedly committed by the Respondent, Collier County Public Schools:


I am an unmarried male. (a) "Early in the academic year I interviewed at Golden Gate Middle School. The next evening the Principal called

me to inform me that the board decided to hire another teacher who applied at the last minute.

Although at the time I accepted it, recently, after examining the statistics, I believe that I was discriminated against because of my sex" and marital status.

  1. "On Wednesday, January 13, 1993, I inter- viewed at the Golden Gate elementary School. After about 2 minutes, the Principal left me to be interviewed by the all Female Staff. Although I survived this grueling 45 minute interview, I was not hired. Again, I believe (now) that I was discriminated against."

  2. "Throughout the year I have made various attempts to obtain a teaching position. My attempts were ignored by all except Mr. Chatham."

I believe that I have been discriminated against in violation of Title VII of the Civil Rights Act of 1964, as amended.


The "statistics" referenced by Petitioner identified employees of the Respondent by gender and race, not marital status. No allegations regarding marital status employment practices were included in the complaint. Only the box labeled "sex" was checked as the basis for Respondent's allegation of discrimination.


A notice from the Florida Commission on Human Relations (Commission) was entered on November 1, 1995, which referred the matter to the Division of Administrative Hearings for formal proceedings. Such notice stated that the provisions of Section 760.11(8), Florida Statutes, govern this proceeding.


Section 760.11(8), Florida Statutes, provides, that should the Commission fail to determine whether there is reasonable cause on any complaint under this section within 180 days of the filing of the complaint, an aggrieved person may proceed under subsection (4), as if the Commission had determined reasonable cause. Section 760.11(4), Florida Statutes, provides:


  1. In the event that the commission deter- mines that there is reasonable cause to believe that a discriminatory practice has occurred in violation of the Florida Civil Rights of Act

    of 1992, the aggrieved person may either:

    1. Bring a civil action against the person named in the complaint in any court of competent jurisdiction; or

    2. Request an administrative hearing under s. 120.57.

The election by the aggrieved person of filing a civil action or requesting an administrative hearing under this subsection is the exclusive procedure available to the aggrieved person pursuant to this act.


In resolution of the complaint filed in this case, the EEOC entered its letter of determination on May 23, 1995, and concluded that there was no evidence that the Petitioner's sex or marital status were considered by the Respondent in its decision not to hire the Petitioner. Further, the letter advised Petitioner of his right to pursue the matter in federal district court. The Petitioner has, in fact, filed such suit against the Respondent and is

currently pursuing that remedy. Steve J. Longariello v. Collier County Public Schools, Civil Action No. 95-266-Civ-FTM-25D, is currently pending before the United States District Court, Middle District of Florida.


Petitioner has aggressively sought discovery in the federal suit and in the instant matter. He has sought information from Respondent related to both gender and marital status. However, in his memorandum of law in opposition to the motion to dismiss, Petitioner has maintained that the federal suit deals only with the sex discrimination allegation and not marital status discrimination. Petitioner argues he is entitled to elect to pursue marital status discrimination under Florida law.


This might be accurate if, as Petitioner suggests, he may not claim marital status discrimination under federal law and, if he timely raised such a claim.

In this case, however, he did not. The only petition seeking relief filed in this cause is the EEOC complaint form that is attached to the referral packet. No other pleading has been filed in this case to support Petitioner's claim for marital status discrimination. The material attached to Petitioner's multiple claims do not support discrimination based on marital status but echo Petitioner's allegation that others (females) received jobs he should have gotten. Further, the claims do not allege married individuals (male or female) received preferential treatment for employment.


Assuming the facts most favorable to Petitioner, that women were given jobs that he was more qualified to receive, does not support an allegation of discrimination based on marital status. This order is entered pursuant to Rule 60Q-2.016, Florida Administrative Code, which provides that whenever ruling on a motion is dispositive of a matter, it shall be incorporated in a recommended order.


CONCLUSIONS OF LAW


  1. Section 760.11(1), Florida Statutes, provides in part:


    1. Any person aggrieved by a violation

      of ss.760.01-760.10 may file a complaint with the commission within 365 days of the alleged violation, naming the employer, employment agency, labor organization, or joint labor- management committee, or, in the case of an alleged violation of s. 760.10(5), the person responsible for the violation and describing the violation.


  2. In the instant case, the Petitioner's claim based on marital status discrimination should be dismissed as not timely filed.


  3. Secondly, Petitioner has brought a suit in federal court against this Respondent which is the exclusive remedy available to the aggrieved person. The statute provides that bringing a civil suit in any court of competent jurisdiction is the exclusive procedure to Petitioner once that election has been made.


RECOMMENDATION


Based on the foregoing, it is, hereby,

RECOMMENDED:


That the Florida Commission on Human Relations enter a final order dismissing Petitioner's claim of discrimination based on marital status and recognizing Petitioner has elected to bring a civil action in federal court which is a court of competent jurisdiction to resolve all other claims against this Respondent.


DONE AND ENTERED this 10th day of January, 1996, in Tallahassee, Leon County, Florida.



JOYOUS D. PARRISH, Hearing Officer Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675


Filed with the Clerk of the Division of Administrative Hearings this 10th day of January, 1996.


COPIES FURNISHED:


Jonathan D. Fishbane, Esquire Roetzel & Andress

850 Park Shore Drive Naples, Florida 33490


Steve J. Longariello, pro se 9999 Summerbreeze Drive

Apartment 422

Sunrise, Florida 33322


Sharon Moultry, Clerk Florida Commission on

Human Relations

325 John Knox Road Building F, Suite 240

Tallahassee, Florida 32303-4149


Dana Baird General Counsel

Florida Commission on Human Relations

325 John Knox Road Building F, Suite 240

Tallahassee, Florida 32303-4149

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS


All parties have the right to submit written exceptions to this Recommended Order. All agencies allow each party at least 10 days in which to submit written exceptions. Some agencies allow a larger period within which to submit written exceptions. You should contact the agency that will issue the final order in this case concerning agency rules on the deadline for filing exceptions to this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.


Docket for Case No: 95-005314
Issue Date Proceedings
Mar. 07, 2005 Order Closing File. CASE CLOSED.
Jan. 05, 2005 Notice of Inability to Continue in this Matter (filed by Petitioner).
Jan. 04, 2005 Order Granting Continuance and Placing Case in Abeyance (parties to advise status by February 3, 2005).
Jan. 04, 2005 Supplemental to Respondent`s Notice of Inability to Locate Petitioner and Request for Clarification filed.
Jan. 03, 2005 Respondent`s Notice of Inability to Locate Petitioner and Request for Clarification filed.
Dec. 29, 2004 Notice of Service of Witness List and Exhibits filed.
Dec. 29, 2004 Respondent`s Witness List for Final Hearing filed.
Dec. 27, 2004 Order Granting Motion for Additional Time to Submit Witness List and Exhibits (due Decmber 29, 2004).
Dec. 23, 2004 Motion for Additional Time to Submit Witness List and Exhibits filed.
Dec. 15, 2004 Notice of Taking Deposition of Petitioner filed.
Dec. 15, 2004 Motion for Order to Direct Petitioner to Appear at Deposition filed.
Dec. 01, 2004 Notice of Taking Deposition of Petitioner filed.
Nov. 02, 2004 Respondent`s Statement of Issues to be Tried filed.
Nov. 01, 2004 Petitioner Response to Oct. 19, 2004 Order Reopening Case and Setting Final Hearing (filed via facsimile).
Oct. 25, 2004 Copy of agency court reporter confirmation letter filed with the Judge.
Oct. 22, 2004 Amended Notice of Hearing (hearing set for January 13 and 14, 2005; 9:00 a.m.; Naples, FL; amended as to Location of Hearing).
Oct. 19, 2004 Order Reopening Case and Setting Final Hearing (hearing set for January 13 through 14, 2005; 9:00 a.m.; Naples, FL). CASE REOPENED.
Oct. 19, 2004 Order of Pre-hearing Instructions.
Oct. 18, 2004 Letter to Judge Meale from S. Longariello regarding setting hearing date (filed via facsimile).
Jun. 27, 2001 Order Remanding the Petition for Relief from an Unlawful Employment Practice filed.
Mar. 10, 1998 Letter to SLS from S. Longariello (requesting copy of DOAH file).
Mar. 02, 1998 Direction to DOAH Clerk (S/B filed with the agency) filed.
Feb. 23, 1998 Certificate of Nonappearance filed.
Feb. 20, 1998 Recommended Order of Dismissal sent out. CASE CLOSED.
Feb. 17, 1998 (Petitioner) Motion to Strike Respondent`s Reply; Petitioner`s Memorandum of Law in Opposition to Respondent`s Motion to Dismiss (filed via facsimile).
Feb. 11, 1998 Respondent`s Motion to Dismiss filed.
Feb. 09, 1998 Respondent`s Reply to Petitioner`s Memorandum in Opposition to Respondent`s Motion to Dismiss With Supplemental Authority in Support Thereof filed.
Feb. 09, 1998 Respondent`s Response to Petitioner`s Motion for Relief from Final Order filed.
Feb. 06, 1998 (Petitioner) Emergency Supplement (filed via facsimile).
Feb. 06, 1998 Respondent`s Reply to Petitioner`s Memorandum in Opposition to Respondent`s Motion to Dismiss With Supplemental Authority in Support Thereof (filed via facsimile).
Feb. 05, 1998 (Petitioner) Emergency Motion for a Protective Order (Renewed), Investigation Into File Tampering, to Compel, and to Stay Case Pending Resolution of Appeal & Investigation (filed via facsimile).
Feb. 02, 1998 (Petitioner) Motion to Correct File Date and for Investigation Into File Tampering filed.
Jan. 26, 1998 (Petitioner) Memorandum of Law in Opposition to Respondent`s Motion to Dismiss Pursuant to Order of Remand of FCHR (filed via facsimile).
Jan. 20, 1998 Collier County Public Schools Responses to Petitioner`s Request for Admission filed.
Jan. 14, 1998 Respondent`s Motion to Dismiss Pursuant to Order of Remand of FCHR filed.
Jan. 12, 1998 CC: Letter to Miles Lance from S. Longariello (RE: Response to letter of 12/24/97) filed.
Jan. 12, 1998 (Petitioner) Memorandum of Law in Opposition to Respondent`s Motion for Protective Order (filed via facsimile).
Jan. 02, 1998 (Governor) Order Dismissing Complaint filed.
Jan. 02, 1998 (Filed in the Circuit Court Second Judicial Circuit State of Florida) Petition for Review of Non-Final Administrative Action and Motion to Proceed in Forma Pauperis filed.
Dec. 30, 1997 (Respondent) Amended Notice of Deposition Duces Tecum; Cover Letter; Respondent`s Memorandum in Opposition to Petitioner`s Motion for Reconsideration (filed via facsimile).
Dec. 26, 1997 (Petitioner) Interrogatories for James E. Hall to Answer; (Petitioner) Interrogatories for Dr. Robert E. Munz to Answer filed.
Dec. 24, 1997 Interrogatories for Jimmy Chatham to Answer filed.
Dec. 23, 1997 Response of Non-Party, David W. Game to Petitioner`s Motion for Reconsideration filed.
Dec. 22, 1997 (Jonathan Fishbane) Notice of Unavailability (filed via facsimile).
Dec. 22, 1997 Interrogatories for Dr. John Kelly and Mr. Virgil Morar to Answer filed.
Dec. 22, 1997 (Petitioner) Request for Production of Documents filed.
Dec. 22, 1997 Petitioner`s Statement of Unavailability (filed via facsimile).
Dec. 18, 1997 (Petitioner) Motion for Reconsideration filed.
Dec. 18, 1997 Petitioner`s Response to Respondent`s Supplemental Renewed Motion for An Order Precluding Petitioner Contact With Respondent`s Employees filed.
Dec. 18, 1997 Refiling of Documents That Have Been Removed From the DOAH/FCHR Files filed.
Dec. 18, 1997 (Respondent) Memorandum in Opposition to Petitioner`s Motion to Quash Subpoena Ad Testificandum for a Protective Order, and an Injury Into Affidavit and Motion (Emergency) of Dave Game filed.
Dec. 18, 1997 (Petitioner) Motion for Reconsideration filed.
Dec. 17, 1997 Order Denying Supplemental and Renewed Motion for an Order Precluding Petitioner Contact with Respondent`s Employees sent out.
Dec. 15, 1997 (Petitioner) Motion for Relief From and/or Clarification of Remand Order filed.
Dec. 12, 1997 Response of David W. Game to Petitioner, Steven J. Longariello`s. Motion to Quash Subpoena Ad Testificandum, for a Protective Order, and for an Inquiry into the Affidavit and Motion (Emergency) of Dave Game (filed via facsimile).
Dec. 10, 1997 (Respondent) Supplemental and Renewed Motion for an Order Precluding Petitioner Contact With Respondent`s Employees filed.
Dec. 08, 1997 Petitioner`s Memorandum of Law in Opposition to Two Motions (filed via facsimile).
Dec. 05, 1997 Order sent out. (re: summaries of rulings entered in the past two weeks & resolution of several other disputes; re: hearing venue; subpoena/depositions; hearing witnesses; issue of dispute)
Dec. 04, 1997 Supplemental Memorandum of David Game in Reply to Petitioner`s Response to the Emergency Motion of David W. Game to Quash the Subpoena Ad Testificandum of Petitioner Steve J. Longariello (filed via facsimile).
Dec. 04, 1997 (Petitioner) Motion to Quash Subpoena Ad Testificandum, for a Protective Order, and for an Injury Into the Affidavit and Motion (Emergency) of Dave Game (filed via facsimile).
Dec. 03, 1997 (Petitioner) Notice of Confirmation (filed via facsimile).
Dec. 03, 1997 Petitioner`s Response to Motions Submitted by Petitioner`s Witnesses (filed via facsimile).
Dec. 02, 1997 Affidavit of David W. Game; Emergency Motion of David W. Game to Quash the Subpoena Ad Testificandum of Petitioner Steve J. Longariello and Request for Emergency Telephone Hearing (filed via facsimile).
Dec. 02, 1997 Petitioner`s Amended Witness List (filed via facsimile).
Dec. 01, 1997 Letter to S. Longariello from J. Fishbane Re: Statistical information from Collier County filed.
Dec. 01, 1997 (Respondent) Amended Notice of Deposition Duces Tecum (filed via facsimile).
Dec. 01, 1997 (Petitioner) Emergency Motion for Entry of a Written Order (filed via facsimile).
Dec. 01, 1997 The Monroe County School Board`s and Francine McCormick`s Motion to Quash Subpoena Ad Testificandum and for Protective Order (filed via facsimile).
Dec. 01, 1997 Letter to REM from J. Fishbane Re: Enclosing copy of Recommended Order by DOAH in Steve Longariello v. Broward County School Board filed.
Dec. 01, 1997 Petitioner`s Witness List; Petitioner`s Exhibit List (filed via facsimile).
Nov. 26, 1997 (Petitioner) Motion in Limine (filed via facsimile).
Nov. 26, 1997 (Respondent) Motion for an Order Precluding Petitioner Contact With Respondent`s Employees (filed via facsimile).
Nov. 26, 1997 (Respondent) Motion to Enforce Protective Order by Quashing Subpoenas; (Respondent) Witnesses` Request for Telephone Conference (filed via facsimile).
Nov. 24, 1997 (Respondent) Third Notice of Deposition Duces Tecum filed.
Nov. 21, 1997 Respondent`s Memorandum in Opposition to Petitioner`s Motion to Allot More Time to Hearing With Accompanying Motion to Quash (filed via facsimile).
Nov. 18, 1997 (Petitioner) Motion for Judge Meale to A lot More Time for the Final Hearing; Letter to REM from S. Longariello (RE: request for subpoenas) (filed via facsimile).
Nov. 17, 1997 Petitioner`s Response to Respondent`s Motion to Amend Deposition Date or Hearing Date (filed via facsimile).
Nov. 17, 1997 (Petitioner) Motion for Order to (1) Set Prehearing Procedures and (2) to Resolve Witness Issues (filed via facsimile).
Nov. 17, 1997 (Petitioner) Motion to Have Case Heard in Broward County, Florida (filed via facsimile).
Nov. 12, 1997 Respondent`s Motion to Amend Deposition Date or Hearing Date (filed via facsimile).
Nov. 10, 1997 Order Denying Renewed Motion to Compel and to Stay Taking of Petitioner`s Deposition sent out.
Nov. 10, 1997 Notice Pertaining to Deposition (filed by Longariello) (filed via facsimile).
Nov. 07, 1997 Respondent`s Reply to Petitioner`s Statement filed.
Nov. 06, 1997 (From J. Fishbane) Memorandum in Opposition to Petitioner`s Renewed Motion to Compel and to Stay Taking of Petitioner`s Deposition Until an Order is Issued filed.
Nov. 05, 1997 Amended Notice of Hearing sent out. (hearing set for Dec. 4-5, 1997; 8:00am; Naples)
Nov. 04, 1997 Petitioner`s Statement filed.
Nov. 04, 1997 (Petitioner) Renewed Motion to Compel and to Stay the Taking of Petitioner`s Deposition Until Order is Issued filed.
Nov. 04, 1997 Respondent`s Notice of Availability of Hearing Dates (filed via facsimile).
Oct. 22, 1997 Order Canceling Telephone Hearing, Denying Renewed Motion to Dismiss, and Governing Deposition of Petitioner sent out.
Oct. 21, 1997 Order sent out. (Hearing Cancelled; Case Reassigned to Judge Meale)
Oct. 20, 1997 (Heather Casassa) Certificate of Non-Appearance; cover filed.
Oct. 17, 1997 Respondent`s Renewed Motion to Dismiss (filed via facsimile).
Oct. 16, 1997 Letter to Petitioner from Deputy Chief Judge York responding to the October 16, 2005 Notice.
Oct. 16, 1997 (Petitioner) Motion for Disqualification (filed via facsimile).
Oct. 16, 1997 (Petitioner) Notice (filed via facsimile).
Oct. 08, 1997 (From J. Fishbane) Motion to Amend Hearing Date filed.
Oct. 06, 1997 (Respondent) Third Notice of Deposition Duces Tecum filed.
Sep. 29, 1997 Ltr. to Court Reporter from Judge`s secretary sent out. (hearing set for 11/4/97)
Sep. 29, 1997 Order sent out. (Rulings on Pending Motions; Hearing reset for 11/4/97; 9:00am; Naples; Prehearing Stipulation due by 10/30/97; Prehearing Telephone Conference set for 10/27/97; 2:00pm)
Sep. 05, 1997 Respondent`s Memorandum in Opposition to Emergency Motion to Compel and Clarification (filed via facsimile).
Aug. 28, 1997 Order sent out. (hearing cancelled; parties have until 9/5/97 to respond to all pending Motions)
Aug. 27, 1997 Order Denying Motion for Reconsideration sent out.
Aug. 26, 1997 (Petitioner) Memorandum in Opposition to Motion to Dismiss and Response to Memorandum in Opposition to Motion for a Television/VCR at Hearing; (Petitioner) Motion for Television/VCR at Hearing (filed via facsimile).
Aug. 25, 1997 (Respondent) Memorandum in Opposition to Motion for Television/VCR Hearing (filed via facsimile).
Aug. 25, 1997 (Respondent) Motion to Dismiss (filed via facsimile).
Aug. 25, 1997 (Petitioner) Emergency for Clarification and to Compel filed.
Aug. 22, 1997 (Respondent) Partial Response to Emergency Motion for Clarification and to Compel (filed via facsimile).
Aug. 18, 1997 (Respondent) Second Notice of Taking Deposition Duces Tecum filed.
Aug. 18, 1997 (Respondent) Notice of Unavailability filed.
Aug. 18, 1997 (From C. Ruberg) Notice of Providing Documents filed.
Aug. 18, 1997 (Petitioner) Motion for Reconsideration filed.
Aug. 14, 1997 Letter to J. Clapper, J. Fishbane from S. Longariello Re: Response to answers to interrogatories (filed via facsimile).
Aug. 11, 1997 (From J. Fishbane) Notice of Service filed.
Aug. 08, 1997 Order sent out. (Petitioner`s request for Protective Order denied; Petitioners request to direct that all previously subpoenaed parties appear at hearing denied; all parties shall comply with Discovery schedule;
Aug. 08, 1997 Petitioner`s Emergency Motion to Accept Exhibits that are part of DOAH files filed on 6/30/97 denied; Petitioner`s Emergency Motion to Proceed In Forma Pauperis filed on 6/17/97 is granted; Prehearing Statement due 8/29/97)
Aug. 08, 1997 Petitioner`s request for an oral quashing of Notice of Deposition DT moot; Respondent`s Motion to Compel Attendance at Deposition moot; Motion to Quash Subpoena DT granted; Motion to Quash Subpoenas and for Protective Order granted;
Aug. 08, 1997 (Department of Education) Reply to Memorandum in Opposition to Motion to Quash filed.
Aug. 08, 1997 (Respondent) Motion to Compel Attendance at Deposition and Motion for Continuance filed.
Aug. 04, 1997 Petitioner`s Omnibus Motion; Letter to J. Clapper, J. Fishbane from S. Longariello Re: Deposition filed.
Jul. 28, 1997 (Respondent) Motion to Compel Attendance at Deposition (filed via facsimile).
Jul. 21, 1997 (Respondent) Notice of Deposition Duces Tecum filed.
Jul. 21, 1997 (Petitioner) Notice of Unavailability filed.
Jul. 21, 1997 (Petitioner) Memorandum in Opposition to Three Motions to Quash Subpoenas (filed via facsimile).
Jul. 09, 1997 Respondent`s Memorandum in Opposition to Motion to Compel filed.
Jul. 07, 1997 (Petitioner) Notice of Continuance filed.
Jul. 07, 1997 (Petitioner) Second Set of Interrogatories (filed via facsimile).
Jul. 03, 1997 (Respondent) Motion to Quash Subpoenas and for Protective Order; (Respondent) Witnesses` Request for Telephone Conference (filed via facsimile).
Jul. 03, 1997 (Department) Motion to Quash Subpoena Duces Tecum (filed via facsimile).
Jul. 01, 1997 Order sent out. (emergency Motion for reconsideration is denied; Respondent granted Leave to respond to other Motions)
Jun. 30, 1997 (Respondent) Motion to Quash Subpoenas filed.
Jun. 30, 1997 (Petitioner) Emergency Motion for Reconsideration (filed via facsimile).
Jun. 30, 1997 (Petitioner) Emergency Motion for Administrative Law Judge to Accept Exhibits that are part of DOAH Files and Which, Due to Cost, Petitioner is Unable to Produce (filed via facsimile).
Jun. 27, 1997 Order Granting Continuance sent out. (hearing cancelled & reset; re: witnesses; prehearing statement due by 8/22/97)
Jun. 27, 1997 Notice of Hearing sent out. (hearing set for 9/5/97; 9:00am; Naples)
Jun. 27, 1997 (Petitioner) Emergency Motion to Compel Discovery and Witnesses, and to Require Respondent to Produce Documents Required at Final Hearing (filed via facsimile).
Jun. 24, 1997 (Petitioner) Notice of Filing Respondent`s Responses to Discovery in Both State and Federal Cases (filed via facsimile).
Jun. 23, 1997 (Petitioner) Memorandum in Opposition to Respondent`s Motion for Clarification (filed via facsimile).
Jun. 23, 1997 (Respondent) Notice of Service (Respondent`s Answers to Petitioner`s Interrogatories) filed.
Jun. 20, 1997 (Respondent) Notice of Service (Respondent`s Answers to Petitioner`s Request for Production of Documents) filed.
Jun. 19, 1997 (From J. Fishbane) Memorandum in Opposition to Petitioner`s Emergency Motion to Proceed in Forma Pauperis filed.
Jun. 16, 1997 (Petitioner) Emergency Motion to Proceed In forma Pauperis (filed via facsimile).
Jun. 13, 1997 Respondent`s Motion for Clarification; Notice of Service (No enclosures) filed.
Jun. 12, 1997 Order Denying Continuance sent out.
Jun. 09, 1997 Order Denying Continuance and Change of Venue sent out.
Jun. 05, 1997 Respondent`s Memorandum in Opposition to Petitioner`s Motion to Have Case Heard in Broward County filed.
May 30, 1997 (Petitioner) Response in Opposition to Motion for Continuance and Petitioner`s Motion to Have This Case Heard in Broward County filed.
May 20, 1997 (Petitioner) Request for Production of Documents; Request for Admissions; Interrogatories (filed via facsimile).
May 20, 1997 (Respondent) Motion for Continuance filed.
Apr. 30, 1997 (Petitioner) Request for Subpoenas filed.
Apr. 16, 1997 Notice of Hearing sent out. (hearing set for 7/9/97; 9:00am; Naples)
Apr. 16, 1997 Order for Prehearing Statement sent out.
Mar. 25, 1997 Plaintiff`s Objections to Order of Feb. 11/97 by United States Magistrate Judge Ted E. Bandstra, (filed in the U.S. District Court Southern District of Florida) filed.
Mar. 17, 1997 (Petitioner) Emergency Notice to Hearing Officer Parrish (filed via facsimile).
Feb. 28, 1997 Order Scheduling Conference Call sent out. (set for 3/17/97; 1:30pm) CASE RE-OPENED per remand.
Feb. 03, 1997 Order Remanding Petition for Relief from an Unlawful Employment Practice filed.
Jul. 24, 1996 Letter to DOAH from Steve Longariello (RE: request for docket sheets) (filed via facsimile).
Jan. 25, 1996 Petitioner`s Written Exceptions to Recommended Order by Hearing Officer Parrish w/cover letter filed.
Jan. 16, 1996 Petitioner`s Memorandum of Law In Opposition to Respondent`s Motion for A Protective Order With Renewed Motion to Dismiss filed.
Jan. 10, 1996 CASE CLOSED. Recommended Order sent out. (Motion filed)
Jan. 03, 1996 Respondent`s Motion for a Protective Order With Renewed Motion to Dismiss w/cover letter filed.
Dec. 26, 1995 (Petitioner) Request for Admissions w/cover letter; Letter to Hearing Officer from Steve J. Longariello Re: Request for Subpoenas filed.
Dec. 15, 1995 (Petitioner) Request for Production of Documents w/cover letter filed.
Dec. 13, 1995 Memorandum to J. Fishbane, J. Clapper from S. Longariello Re: Changes made to Joint Notice of hearing officer concerning initial Order; Joint Notice to Hearing Officer Concerning Initial Order w/cover letter filed.
Dec. 11, 1995 Letter to J. Fishbane, J. Clapper from Steve Longariello Re: Proposed case management w/cover letter filed.
Nov. 30, 1995 Plaintiff`s Memorandum of Law in Opposition to Respondent`s Motion to Dismiss w/cover letter filed.
Nov. 21, 1995 (Defendant) Notice to Hearing Officer Concerning Initial Order filed.
Nov. 20, 1995 Respondent`s Motion to Dismiss filed.
Nov. 17, 1995 (Respondent) Notice to Hearing Officer Concerning Initial Order w/cover letter filed.
Nov. 15, 1995 Letter to Hearing Officer from Steve J. Longariello Re: Request for Extension filed.
Nov. 15, 1995 Respondent`s Motion to Dismiss w/cover letter filed.

Orders for Case No: 95-005314
Issue Date Document Summary
Sep. 28, 2000 Remanded from the Agency
Feb. 20, 1998 Second RO Failure to request hrg w/in 35 days of expiration of 180 days of filing initial complaint w/FCHR. Dismissed as untimely, even though FCHR never issued a determination of cause or no cause.
Jan. 10, 1996 Recommended Order No preliminary review on marital status which barred since not timely filed plus pending federal lawsuit.
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer