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RANDALL CARTER vs I-DRIVE GC, INC., D/B/A GOLDEN CORRAL, 01-002408 (2001)

Court: Division of Administrative Hearings, Florida Number: 01-002408 Visitors: 82
Petitioner: RANDALL CARTER
Respondent: I-DRIVE GC, INC., D/B/A GOLDEN CORRAL
Judges: LAWRENCE P. STEVENSON
Agency: Florida Commission on Human Relations
Locations: Orlando, Florida
Filed: Jun. 15, 2001
Status: Closed
Recommended Order on Wednesday, November 10, 2004.

Latest Update: Feb. 01, 2005
Summary: The issue to be resolved in this proceeding concerns whether Respondent discriminated against Petitioner based upon his race and/or his age, in violation of Section 760.10, Florida Statutes (2004).2/ Evidence at hearing established that Petitioner was not promoted due to his job performance, not because of any discriminatory motive on the part of his employer.
01-2408.PDF

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


RANDALL CARTER, )

)

Petitioner, )

)

vs. )

) I-DRIVE GC, INC., d/b/a GOLDEN ) CORRAL, )

)

Respondent. )


Case No. 01-2408

)


ORDER REOPENING CASE


THIS CAUSE came before the undersigned on the letter from the Florida Commission on Human Relations, filed April 22, 2004, remanding the case to the Division of Administrative Hearings.

Having considered the premises, it is

ORDERED that DOAH Case No. 01-2408 is hereby reopened. DONE AND ORDERED this 3rd day of May, 2004, in Tallahassee,

Leon County, Florida.


S

DANIEL MANRY

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us


Filed with the Clerk of the Division of Administrative Hearings this 3rd day of May, 2004.

COPIES FURNISHED:


Randall Carter 1102 Alfred Drive

Orlando, Florida 32810


Shelly C. McCormick I-Drive GC, Inc.

203 Lookout Place, Suite A Maitland, Florida 32751


John M. Hament, Esquire Kunkel, Miller & Hament

1800 Second Street, Suite 970

Sarasota, Florida 34236


Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301



2


Docket for Case No: 01-002408
Issue Date Proceedings
Feb. 01, 2005 Final Order Dismissing Petition for Relief from an Unlawful Employment Practice filed.
Nov. 10, 2004 Recommended Order (hearing held June 15, 2004). CASE CLOSED.
Nov. 10, 2004 Recommended Order cover letter identifying the hearing record referred to the Agency.
Sep. 10, 2004 Respondent`s Amended Proposed Findings of Fact, Conclusions of Law and Recommended Order (filed by via facsimile).
Sep. 08, 2004 Preliminary Statement (filed by Respondent via facsimile).
Sep. 03, 2004 Order (Respondent`s Motion for Enlargement of Time granted, and Proposed Recommended Orders now due September 7, 2004).
Aug. 27, 2004 Motion for Enlargement of Time (filed by Respondent via facsimile).
Aug. 06, 2004 Transcript filed.
Jul. 30, 2004 Counsel`s Notice of Unavailability filed.
Jul. 30, 2004 Order. (parties shall file their proposed recommended orders on or before August 30, 2004)
Jul. 28, 2004 Motion for Continuance (filed Respondent via facsimile).
Jun. 15, 2004 CASE STATUS: Hearing Held.
Jun. 09, 2004 Metro`s Corral`s Document List (filed via facsimile).
Jun. 09, 2004 Metro Corral`s Witness List (filed via facsimile).
May 27, 2004 Notice of Deposition R. Carter filed.
May 20, 2004 Letter to American Court Reporting from D. Crawford confirming the request for Court Reporter services filed via facsimile.
May 18, 2004 Order Granting Continuance and Re-scheduling Hearing (hearing set for June 15, 2004; 9:30 a.m.; Orlando, FL).
May 13, 2004 Supplement to Respondent`s Motion for Continuance (filed by Respondent via facsimile).
May 12, 2004 Counsel`s Notice of Unavailability filed by L. Hultman.
May 12, 2004 Notice of Change of Address filed by L. Hultman.
May 10, 2004 Motion for Continuance (filed by Respondent via facsimile).
May 06, 2004 Letter to American Court Reporting from D. Crawford confirming the request for Court Reporter services filed via facsimile.
May 04, 2004 Order of Pre-hearing Instructions.
May 04, 2004 Notice of Hearing (hearing set for June 4, 2004; 9:30 a.m.; Orlando, FL).
May 03, 2004 Order Reopening Case.
Apr. 22, 2004 Decision filed.
Sep. 19, 2003 Letter to Judge Manry from R. Carter requesting a confirmation hearing on case filed.
Dec. 19, 2002 Order from the District Court of Appeal: "FCHR shall file and serve an answer brief in this cause, on or before January 6, 2003 filed.
May 21, 2002 Order Closing File issued. CASE CLOSED.
May 20, 2002 Letter to DOAH from the District Court of Appeal filed. DCA Case No.5D02-1453
May 17, 2002 Notice of Administrative Appeal (filed by J. Hament).
Apr. 26, 2002 Letter to American Court Reporting from D. Crawford regarding requesting the services of a court reporter (filed via facsimile).
Apr. 24, 2002 Notice of Hearing issued (hearing set for July 9, 2002; 9:30 a.m.; Orlando, FL).
Apr. 24, 2002 Order Reopening Case issued. CASE REOPENED.
Apr. 19, 2002 Order Remanding Recommended Order Denying Relief from an Unlawful Employment Practice filed.
Jul. 31, 2001 Amended Recommended Order of Dismissal issued.
Jul. 31, 2001 Letter to A. Dixon from Judge Manry regarding the Amended Recommended Order of Dismissal sent out.
Jul. 31, 2001 Amended Recommended Order of Dismissal cover letter identifying hearing record referred to the Agency sent out.
Jul. 26, 2001 Recommended Order of Dismissal issued. CASE CLOSED.
Jul. 18, 2001 Notice of Appearance as Counsel, John Hament (filed via facsimile).
Jul. 16, 2001 Respondent`s Motion to Dismiss Petition for Relief filed.
Jul. 12, 2001 Letter to American Court Reporting from A. Dixon (confirming court reporter) filed.
Jul. 11, 2001 Respondent`s Motion to Dismiss Petition for Relief (filed via facsimile).
Jul. 05, 2001 Respondent I-Drive GC, Inc., d/b/a Golden Corral`s Answer (filed via facsimile).
Jul. 02, 2001 Notice of Hearing issued (hearing set for July 31, 2001; 9:30 a.m.; Orlando, FL).
Jun. 15, 2001 Initial Order issued.
Jun. 15, 2001 Charge of Discrimination filed.
Jun. 15, 2001 Petition for Relief filed.
Jun. 15, 2001 Notice of Determination: No Cause filed.
Jun. 15, 2001 Determination: No Cause filed.
Jun. 15, 2001 Notice of Respondent of Filing of Petition for Relief from an Unlawful Employment Practice filed.
Jun. 15, 2001 Transmittal of Petition filed by the Agency.

Orders for Case No: 01-002408
Issue Date Document Summary
Jan. 31, 2005 Agency Final Order
Nov. 10, 2004 Recommended Order Evidence at hearing established that Petitioner was not promoted due to his job performance, not because of any discriminatory motive on the part of his employer.
May 03, 2004 Other
Mar. 04, 2004 Opinion
Source:  Florida - Division of Administrative Hearings

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