STATE OF FLORIDA COMMISSION-ON HUMAN, RELATIONS JAMES M. BIGGERS, II, 1531 HAY [yA {0: y3 EEOC Case No. 15D200800586 Petitioner, FCHR Case No. 2008-01648 STRATIVE, RINGS DOAH Case No. 08-5607 v. ROOMS TO GO, FCHR Order No. 09-045 Respondent. / FINAL ORDER DISMISSING PETITION FOR RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE This matter is before the Commission for consideration of the Recommended Order of Dismissal, dated March 5, 2009, issued in the above-styled matter by Administrative Law Judge Carolyn S. Holifield. Findings of Fact and Conclusions of Law Judge Holifield’s order reflects that Petitioner failed to comply with an order of the Administrative Law Judge. Specifically, Judge Holifield concluded that the Petition for Relief “failed to state Petitioner suffered from discrimination or harassment on any protected basis.” Petitioner was allowed to file an amended Petition for Relief but the filing did not cure this defect. In an order issued February 25, 2009, the result of a pre-hearing conference held by telephone that same day, Judge Holifield gave Petitioner another chance to cure this defect, ordering that by close of business on February 25, 2009, Petitioner was to file a second amended Petition for Relief, and provide Respondent with his witness and exhibit list. Judge Holifield found that the witness list was on Judge Holifield’s facsimile machine the morning of February 26, 2009, but as of the date of the Recommended Order of Dismissal, no second amended Petition for Relief or exhibit list had been received. Consequently, Judge Holifield recommended the Commission issue a final order dismissing the matter. We note that, generally, 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, generally, Shook v. Riverside National Bank, FCHR Order No. 08-029 (May 6, 2008), Butler v. The Pepsi Bottling Group, FCHR Order No. 06-107 (December 4, 2006), 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). FCHR Order No. 09-045 Page 2 Based on the foregoing, 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 Recommended Order. A an ex parte communication was received by the Commission from Petitioner on March 11, 2009, and was publisHed to the parties and the record under a Notice of Ex Parte Communication issued by the Commission on March 18, 2009. We decline to consider this filing an exceptions document since it does not meet the requirements of an exception document set out in Section 120.57(1)(k), Florida Statutes (2007). 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_12" day of May , 2009. FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS: Commissioner Gayle Cannon, Panel Chairperson; Commissioner Patty Ball Thomas; and Commissioner Mario M. Valle Filed this_12" day of May , 2009, in Tallahassee, Florida. Violet Crawford, Clerk Commission on Human Relations 2009 Apalachee Parkway, Suite 200 Tallahassee, FL 32301 (850) 488-7082 FCHR Order No. 09-045 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: James M. Biggers, I 7621 Rolling Grove Drive East Lakeland, FL 33810 Rooms To Go c/o Nancy A. Chad, Esq. 11540 U.S. Highway 92 East Seffner, FL 33584 Carolyn 8S. Holifield, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this_12" day of May , 2009. By: Vals Uschi Clerk of the Commission Florida Commission on Human Relations

Docket for Case No: 08-005607