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
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STATE OF FLORIDA “Ap. &h
COMMISSION ON HUMAN RELATIONS 4p Orn, Bly
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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.
|