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ANGEL DENISE HARRIS vs UNIVERSAL SECURITY MONITORING, INC., 04-004458 (2004)

Court: Division of Administrative Hearings, Florida Number: 04-004458 Visitors: 20
Petitioner: ANGEL DENISE HARRIS
Respondent: UNIVERSAL SECURITY MONITORING, INC.
Judges: DIANE CLEAVINGER
Agency: Florida Commission on Human Relations
Locations: Gainesville, Florida
Filed: Dec. 14, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, January 6, 2006.

Latest Update: Nov. 19, 2024
Os i STATE OF FLORIDA “Ap. &h COMMISSION ON HUMAN RELATIONS 4p Orn, Bly Upto, Og > “he, s ; 4 oe ANGEL DENISE HARRIS, EEOC Case No. ISDAGO0ESIE Yip Petitioner, FCHR Case No. 2004-21944 v. DOAH Case No. 04-4458 UNIVERSAL SECURITY MONITORING, FCHR Order No. 06-022 INC., Respondent. / FINAL ORDER DISMISSING PETITION FOR RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE This matter is before the Commission for consideration of the Order of Dismissal and?” Closing File, dated January 6, 2006, issued in the above-styled matter by Administrative Law Judge Diane Cleavinger. on Findings of Fact and Conclusions of Law Judge Cleavinger’s Order of Dismissal and Closing File reflects Petitioner twice failed to respond to Judge Cleavinger’s orders to set forth some evidence that Respondent employs sufficient number of people to meet the jurisdictional requirements of Chapter 760, Florida Statutes, and concludes that Petitioner has failed to show cause why this action should not be dismissed. (It appears that Petitioner responded to the orders, but did not provide the requested evidence.) We note that Commission panels have concluded that a Petitioner’s failure to respond to orders of an Administrative Law Judge amounts to a voluntary dismissal of the Petition for Relief. See, e.g., Castellanos v. Express Net Airlines Pilots Association, FCHR Order No. 05- 061 (June 15, 2005), Mayfield v. Karl’s Haberdashery of Florida, Inc., FCHR Order No.-04-020 (March 10, 2004), and Kenny v. Florida Department of Corrections, FCHR Order No. 02-020 (June 3, 2002). . We adopt the Administrative Law Judge’s recommendation that the Petition for Relief be dismissed. Exceptions Neither party filed exceptions to the Administrative Law Judge’s Order of Dismissal and Closing File. FCHR Order No. 06-022 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 7 day of ____ March 2006. FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS: Commissioner Rita Craig, Panel Chairperson; Commissioner Onelia A. Fajardo; and Commissioner Billy Whitefox Stall Filed this_7" day of ____March 2006, in Tallahassee, Florida. iolet 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 VIL 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. 06-022 Page 3 Copies furnished to: Angel Denise Harris 6933 West University Avenue, # 905 Gainesville, FL 32607 Universal Security Monitoring, Inc. c/o Leonard E. Ireland, Esq. Clayton-Johnson, P.A. 111 Southeast First Avenue Gainesville, FL 32602 Diane Cleavinger, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel IHEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this 7" day of ___ March 2006. By: We iA Clerk of the Commission Florida Commission on Human Relations

Docket for Case No: 04-004458
Issue Date Proceedings
Mar. 08, 2006 Final Order filed.
Jan. 06, 2006 Order of Dismissal and Closing File. CASE CLOSED.
Sep. 16, 2005 Letter to Judge Cleavinger from A. Harris enclosing letter regarding the case to be reopened filed.
Sep. 06, 2005 Second Order to Show Cause (why this action should not be dismissed by advising of or presenting any evidence she may have showing that Respondent has more than 15 employees as required in Section 760.02, Florida Statutes).
Aug. 12, 2005 Letter to Judge Cleavinger from A. Harris Responding to letter sent to her filed.
Jul. 27, 2005 Letter to Judge Cleavinger from Petitioner confirming dates of availability filed.
Jul. 25, 2005 Order to Show Cause (Petitioner is ordered to show cause why this action should not be dismissed and shall file by 5:00 p.m., Eastern Time on August 16, 2005, a written response to this order detailing any evidence that Respondent meets the statutory definition set out in Section 760.02, Florida Statutes).
Jul. 22, 2005 Order on Remand. CASE REOPENED.
Jul. 21, 2005 Order Remanding Petition for Relief from an Unlawful Employment Practice filed.
Jun. 06, 2005 Letter to Judge Cleavinger from Petitioner advising never received the Order of February 14, 2005 due to an address mix-up filed.
May 24, 2005 Order Closing File. CASE CLOSED.
Feb. 14, 2005 Order Continuing Case in Abeyance (parties to advise status by February 25, 2005).
Feb. 09, 2005 Order Granting Continuance and Placing Case in Abeyance (parties to advise status by February 25, 2005).
Feb. 08, 2005 Notice of Appearance and Motion to Continue Hearing (filed by L. Ireland, Esquire).
Jan. 28, 2005 Order to Show Cause (why this action should not be dismissed and shall file by 5:00 p.m., Eastern Time on February 18, 2005, as written response to this order detailing any evidence that Respondent meets the statutory definition set out in Section 760.02, Florida Statutes).
Jan. 28, 2005 Agency`s court reporter confirmation letter filed with the Judge.
Jan. 26, 2005 Notice of Hearing (hearing set for March 4, 2005; 10:00 a.m.; Gainesville, FL).
Dec. 21, 2004 Letter to Judge Cleavinger from D. Davis (response to Initial Order) filed.
Dec. 14, 2004 Charge of Discrimination filed.
Dec. 14, 2004 Notice of Determindation: No Jurisdiction filed.
Dec. 14, 2004 Determination: No Jurisdiction (less than 15) filed.
Dec. 14, 2004 Petition for Relief filed.
Dec. 14, 2004 Transmittal of Petition filed by the Agency.
Dec. 14, 2004 Initial Order.
Source:  Florida - Division of Administrative Hearings

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