Qo nn aS @ STATE OF FLORIDA ee A” COMMISSION ON HUMAN RELATIONS IS 3 WMA Le GWENDOLYN S. HOWARD, EEOC Case No. 3D A508462 Petitioner, FCHR Case No. 2005-01026 Vv. DOAH Case No. 05-3536 GOLDCO, INC., A/B/A BURGER. FCHR Order No. 06-012 KING, Respondent. / FINAL ORDER DISMISSING PETITION FOR RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE This matter is before the Commission for consideration of the Order Closing File, dated December 6, 2005, issued in the above-styled matter by Administrative Law Judge Diane Cleavinger. Findings of Fact and Conclusions of Law Judge Cleavinger’s Order indicates that the matter was before Judge Cleavinger on Respondent’s “Motion to Compel and the ore tenus Motion to Dismiss.” The Order states that the “...Motion to dismiss is granted based on Petitioner’s unexplained failure to cooperate in this action.” The Order finds that Petitioner failed to appear at the scheduled telephonic hearing on Respondent’s Motion to Compel and failed to appear for her deposition. In short, we conclude Judge Cleavinger’s Order grants Respondent’s motion to dismiss the matter for Petitioner’s failure to comply with Respondent’s discovery requests and for failure to appear at a motion hearing on Respondent’s motion to compel discovery. We note that a Commission panel has concluded that a Petitioner’s failure to respond to an Order to Show Cause based on Petitioner’s refusal to respond to discovery amounts to a . voluntary dismissal of the Petition for Relief. See, Jackson v. Supercuts, Inc., FCHR Order No. 05-054 (May 18, 2005). Further, a Commission panel has upheld an Administrative Law Judge’s dismissal of a Petition for Relief for a Petitioner’s failure to be deposed by a Respondent at a noticed deposition. See, Hunt v. Hudson’s Furniture Showroom, Inc., FCHR Order No. 05-090 (September 2, 2005). The Administrative Procedure Act states, “The presiding officer has the power to swear witnesses and take their testimony under oath, to issue subpoenas, and to effect discovery on the written request of any party by any means available to the courts and in the manner provided in the Florida Rules of Civil Procedure, including the imposition of sanctions, except contempt.” Section 120.569(2)(f, Florida Statutes (2005). FCHR Order No. 06-012 Page 2 Based on the foregoing, we adopt the Administrative Law Judge’s findings regarding Petitioner’s failure to comply with discovery and adopt the Administrative Law Judge’s apparent recommendation that the Petition for Relief, therefore, should be dismissed. Accord, Chukes v. Gambro Healthcare, FCHR Order No. 05-131 (December 14, 2005). Exceptions Neither party filed exceptions to the Administrative Law Judge’s Order Closing File. 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 24" day of ___February , 2006. FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS: Commissioner Roosevelt Paige, Panel Chairperson; Commissioner Anice R. Prosser; and Commissioner Dominique B. Saliba, M.D. Filed this _24" day of ___ February , 2006, in Tallahassee, Florida. J, Violet Crawford, Clerk Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, FL 32301 (850) 488-7082 FCHR Order No. 06-012 Page 3 NOTICE TO COMPLAINANT / PETITIONER As your complaint was filed under Title VII 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. Copies furnished to: Gwendolyn S. Howard Post Office Box 974 Defuniak Springs, FL 32435 Goldco, Inc., a/b/a Burger King c/o Darren A. Schwartz, Esq. Rumberger, Kirk & Caldwell, P.A. 108 South Monroe Street, Suite 100 Tallahassee, FL 32301 Diane Cleavinger, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel J HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this_24"° day of___ February , 2006. on Vek bap Clerk of the Commission Florida Commission on Human Relations

Docket for Case No: 05-003536