Petitioner: ROBERT SUAREZ AND CARIDAD ESPINOSA
Respondent: HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH AND MIGUEL DEL CAMPILLO, EXECUTIVE DIRECTOR OF THE HACMB
Judges: ROBERT E. MEALE
Agency: Commissions
Locations: Alford, Florida
Filed: Apr. 05, 2012
Status: Closed
Recommended Order on Friday, August 17, 2012.
Latest Update: Nov. 13, 2012
Summary: The issue is whether either respondent engaged in a discriminatory housing practice against Petitioners, based on their national origin and age, in violation of the Florida Fair Housing Act, sections 760.20-760.36, Florida Statutes.Pet failed to prove housing discrim. Age not a protected category. For natl origin, Pets failed to prove prima facie case. ALJ denied Pets' req to broaden grounds of discrim to disability and retaliation and Resps' req for fees and costs under 120.595(1).
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STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS
ROBERTO SUAREZ AND CARIDAD HUD Case No. 04-12-0099-8 ESPINOSA,
Petitioners,
v.
FCHR Case No. 2012H0121 DOAH Case No. 12-1212
FCHR Order No. 12-054
HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH AND MIGUEL DEL CAMPILLO, EXECUTIVE DIRECTOR OF THE HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH,
Respondents.
/
FINAL ORDER DISMISSING PETITION FOR RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE
Preliminary Matters
Petitioners Roberto Suarez and Caridad Espinosa filed a housing discrimination complaint pursuant to the Fair Housing Act, Sections 760.20 - 760.37, Florida Statutes (2010), alleging that Respondents Housing Authority of the City of Miami Beach and Miguel Del Campillo, Executive Director of the Housing Authority of the City of Miami Beach, committed a discriminatory housing practice on the basis of Petitioners’ National Origin (Hispanic / Cuban) and on the basis of Petitioner Espinosa’s age (not specified) by denying Petitioners participation in the Housing Choice Voucher Homeownership Program administered by Respondents.
The allegations set forth in the complaint were investigated, and, on March 6, 2012, the Executive Director issued a determination finding that there was no reasonable cause to believe that a discriminatory housing practice had occurred.
Petitioners filed a Petition for Relief from a Discriminatory Housing Practice and the case was transmitted to the Division of Administrative Hearings for the conduct of a formal proceeding.
An evidentiary hearing was held by video teleconference at sites in Miami and Tallahassee, Florida, on July 25 and 30, 2012, before Administrative Law Judge Robert
E. Meale.
Judge Meale issued a Recommended Order of dismissal, dated August 17, 2012.
The Commission panel designated below considered the record of this matter and determined the action to be taken on the Recommended Order.
Filed November 13, 2012 8:31 AM Division of Administrative Hearings
Findings of Fact
We find the Administrative Law Judge’s findings of fact to be supported by competent substantial evidence.
We adopt the Administrative Law Judge’s findings of fact.
Conclusions of Law
We find the Administrative Law Judge’s application of the law to the facts to result in a correct disposition of the matter.
We adopt the Administrative Law Judge’s conclusions of law.
Exceptions
None of the parties filed exceptions to the Administrative Law Judge’s Recommended Order.
Dismissal
The Petition for Relief and Housing Discrimination Complaint 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 to appeal is found in Section 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure 9.110.
DONE AND ORDERED this 30th day of October , 2012. FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:
Commissioner Gilbert M. Singer, Panel Chairperson; Commissioner Michell Long; and
Commissioner Mario M. Valle
Filed this 30th day of October , 2012, in Tallahassee, Florida.
/s/ Violet Crawford, Clerk
Commission on Human Relations 2009 Apalachee Parkway, Suite 100
Tallahassee, FL 32301
(850) 488-7082
Copies furnished to:
Roberto Suarez Caridad Espinosa
5055 Northwest 7th Street, Apt. 209
Miami, FL 33126
Housing Authority of the City of Miami Beach and Miguel Del Campillo, Executive Director
of the Housing Authority of the City of Miami Beach c/o Margaret H. Mevers, Esq.
c/o Jessica N. Pacheco, Esq. Lydecker │ Diaz
1221 Brickell Avenue, 19th Floor Miami, FL 33131
Housing Authority of the City of Miami Beach and Miguel Del Campillo, Executive Director
of the Housing Authority of the City of Miami Beach c/o Eve Boutsis, Esq.
Figueredo and Boutsis, P.A. 18001 Old Cutler Road, Suite 553 Palmetto Bay, FL 33157
Robert E. Meale, 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 30th day of October , 2012.
By: /s/ Clerk of the Commission
Florida Commission on Human Relations
Docket for Case No: 12-001212
Issue Date |
Proceedings |
Nov. 13, 2012 |
Final Order Dismissing Petition for Relief from a Discriminatory Housing Practice filed.
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Aug. 21, 2012 |
Transmittal letter from Claudia Llado forwarding Petitioner and Respondent's proposed exhibits, to the agency.
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Aug. 17, 2012 |
Recommended Order (hearing held July 25 and 30, 2012). CASE CLOSED.
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Aug. 17, 2012 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
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Aug. 08, 2012 |
Respondents, Housing Authority of the City of Miami Beach and Miguell del Campillo's Proposed Recommended Order filed.
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Aug. 07, 2012 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Aug. 06, 2012 |
Petitioner's Exhibits 1-4 and Respondent's 1-10 (exhibits not available for viewing) |
Jul. 30, 2012 |
CASE STATUS: Hearing Held. |
Jul. 27, 2012 |
Petitioners' Response to Respondents' Motion for Attorneys' Fees and Cost filed.
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Jul. 26, 2012 |
Certified Mail Receipts stamped this date by the U.S. Postal Service.
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Jul. 26, 2012 |
Amended Order Scheduling a Second Day of Hearing by Webcast.
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Jul. 25, 2012 |
CASE STATUS: Hearing Partially Held; continued to date not certain. |
Jul. 25, 2012 |
Respondents' Motion for Attorneys' Fees and Costs filed.
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Jul. 24, 2012 |
Certified Mail Receipts stamped this date by the U.S. Postal Service.
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Jul. 24, 2012 |
Respondents, Housing Authority of the City of Miami Beach and Miguell del Campillo's Deposition Designations for Final Hearing filed.
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Jul. 24, 2012 |
Petitioners? Response to Respondent's Housing Authority of the City of Miami Beach's Response to Petitioners' Motion for Unopposed Deadline Recommended by Petitioners in the Petitioners' Response to Respondents' Responses and Objections to Petitioners First Request for Production filed.
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Jul. 24, 2012 |
Order Scheduling a Second Day of Final Hearing by Webcast.
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Jul. 24, 2012 |
Respondent's Housing Authority of the City of Miami Beach's Response to Petitioners' Motion for Unopposed Deadline Recommended by Petitioners in the Petitioners' Response to Respondents' Responses and Objections to Petitioners First Request for Production filed.
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Jul. 23, 2012 |
Petitioners' Response Respondent, Housing Authority of the City of Miami Beach's Request for Production to Petitioner, Robert Suarez and Caridad Espinosa (not available for viewing). |
Jul. 23, 2012 |
Respondent, Housing Authority of the City of Miami Beach's Motion in Limine to Preclude Testimony and Evidence of Retaliation, and Supporting Memorandum of Law filed.
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Jul. 23, 2012 |
Respondent, Housing Authority of the City of Miami Beach's Motion to Limine to Preclude Testimony and Evidence of Disability, and Supporting Memorandum of Law filed.
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Jul. 23, 2012 |
Amended Order on Motion in Limine, Style of Case, and Representation of Respondents.
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Jul. 23, 2012 |
Petitioners' Response to Respondent, Hosing Authority of the Cith of Miami Beach's Notice of Propounding First Set of Interrogatories to Petitioner, Robert Suarez filed.
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Jul. 23, 2012 |
Unopposed Deadline Recommended by Petitioners in the Petitioners' Response to Respondent's Responses and Objections to Petitioners First Request for Production, Filed in July 9, 2012 filed.
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Jul. 23, 2012 |
Petitioner's Response to Respondent's Responses and Objections to Petitioners First Request for Production filed.
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Jul. 23, 2012 |
Order on Motion in Limine, Style of Case, and Representation of Respondents.
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Jul. 23, 2012 |
Petitioners' Response to Respondent Housing Authority of the City of Miami Beach's Motion in Limine to Preclude Testimony and Evidence of Unouantifiable(sic) Damages of Emotional Injuries, and Supporting Memorandum of Law filed.
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Jul. 23, 2012 |
Respondent Housing Authority of the City of Miami Beach's Motion in Limine to Preclude Testimony and Evidence of Unquantifiable Damages of Emotional Injuries, and Supporting Memorandum of Law filed.
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Jul. 20, 2012 |
Respondent's Proposed Exhibits (exhibits not available for viewing) |
Jul. 20, 2012 |
Petitioners' Caridad Espinosa and Roberto Suarez, Response to Respondents Notice of Availability for Second Day of DOAH Hearing filed.
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Jul. 19, 2012 |
Respondents' Notice of Availability for Second Day of DOAH Final Hearing filed.
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Jul. 19, 2012 |
Petitioner's Proposed Exhibits (exhibits not available for viewing) |
Jul. 19, 2012 |
Amended Petitioners' List of Witnesses to be Called During the Final Hearing filed.
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Jul. 19, 2012 |
Petitioners Caridad Espinosa and Roberto Suarez Copies of Proposed Exhibit Sent filed.
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Jul. 18, 2012 |
CASE STATUS: Pre-Hearing Conference Held. |
Jul. 17, 2012 |
Amended Notice of Hearing by Video Teleconference (hearing set for July 25, 2012; 9:00 a.m.; Miami and Tallahassee, FL; amended as to location).
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Jul. 17, 2012 |
Respondent's Amended Notice of Taking Videotape Deposition Duces Tecum of Dr. Raul Tamayo (amended as to location only) filed.
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Jul. 17, 2012 |
Respondent, Housing Authority of the City of Miami Beach's Witness and (Proposed) Exhibit List filed.
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Jul. 17, 2012 |
Petitioners' List of Witnesses to be Called During the Final Hearing filed.
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Jul. 13, 2012 |
Respondent, Housing Authority of the City of Miami Beach's Motion for a Status Conference filed.
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Jul. 12, 2012 |
(Correcting format of) Unopposed Deadline Recommended by Petitioners in the Petitioners' Response to Respondent's Responses and Objections to Petitioners First Request for Production, filed July 9, 2012, filed.
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Jul. 12, 2012 |
Unopposed Deadline Recommended by Petitioners in the Petitioners' Response to Respondent's Responses and Objections to Petitioners First Request for Production, Filed in July 9, 2012, (exhibits attached) filed.
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Jul. 11, 2012 |
Notice of Cancellation of Deposition Duces Tecum (of RC of Cold Stone Creamery, Inc.) filed.
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Jul. 11, 2012 |
Notice of Transfer.
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Jul. 11, 2012 |
Order Denying Continuance of Final Hearing.
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Jul. 10, 2012 |
Respondent, Housing Authority of the City of Miami Beach's Motion for Continuance of Administrative Hearing filed.
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Jul. 10, 2012 |
Unopposed HIPAA Qualified Protective Order and Order to Disclose Protective Health Information.
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Jul. 10, 2012 |
Order Denying Petitioner`s Motion of Protective Order Regarding Interrogatories and Production of Documents.
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Jul. 10, 2012 |
Order Denying Petitioner`s Motion of Protective Order Regarding Interrogatories.
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Jul. 10, 2012 |
Order Denying Petitioner`s Motion of Protective Order Regarding Interrogatories; Motion of Protective Order Regarding Request for Production; Motion of Protective Order Regarding Notice of Taking Deposition of Respondents HACMB and Mr. Miguel Del Cam.
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Jul. 10, 2012 |
Order Denying Petitioner`s Motion of Protective Order Regarding Production of Documents.
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Jul. 09, 2012 |
Petitioners' Response to Respondent's Responses and Objections to Petitioners First Request for Production (Exhibit 1) filed.
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Jul. 09, 2012 |
Petitioners' Response to Respondent's Responses and Objetions(sic) to Petitioners First Request for Production filed.
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Jul. 09, 2012 |
Respondent's Notice of Taking Videotape Deposition of Roland Herrera filed.
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Jul. 06, 2012 |
Order of Pre-hearing Instructions.
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Jul. 06, 2012 |
Respondent, Housing Authority of the City of Miami Beach's Objections and Responses to Petitioners, Roberto Suarez and Caridad Espinosa's First Request for Production filed.
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Jul. 05, 2012 |
Respondent's Notice of Taking Deposition Duces Tecum (of Cold Stone Creamery) filed.
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Jul. 05, 2012 |
Respondent's Notice of Taking Videotape Deposition Duces Tecum of Dr. Raul Tamayo filed.
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Jul. 05, 2012 |
Respondent's Notice of Taking Deposition Duces Tecum (of Metroploitan Hospital) filed.
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Jul. 05, 2012 |
Respondent's Notice of Taking Videotape Deposition of Rolando Herrera filed.
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Jul. 03, 2012 |
Respondent's Notice of Taking Videotape Deposition of Nilsa Rivera f/k/a Nilsa Albaron filed.
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Jul. 02, 2012 |
Petitioners' Response to Production of Documents (Documents 1, part 3) filed.
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Jun. 29, 2012 |
Petitioners' Response to Interrogatories (Medical Records not available for viewing) filed. |
Jun. 29, 2012 |
Petitioners' Motion of Protective Orders Regarding Interrogatories and Production of Documents filed.
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Jun. 29, 2012 |
Petitioners' Motion of Protective Orders Regarding Interrogatories and Production of Documents filed.
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Jun. 29, 2012 |
Respondent, Housing Authority of the City of Miami Beach's Response to Petitioners, Robert Suarez and Caridad Espinosa's, Motion for Protective Order Regarding Interrogatories, with Supporting Memorandum of Law filed.
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Jun. 28, 2012 |
Respondent, Housing Authority of the City of Miami Beach's Response to Petitioners, Robert Suarez and Caridad Espinosa's, Motion for Protective Order Regarding Request for Production of Documents, with Supporting Memorandum of Law filed.
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Jun. 28, 2012 |
Respondent's Motion for HIPAA Qualified Protective Order filed.
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Jun. 28, 2012 |
Petitioners Motion of Extension of Time filed.
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Jun. 27, 2012 |
Order.
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Jun. 27, 2012 |
Respondent's Notice of Taking Continued Deposition of Petitioner, Robert Suarez filed.
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Jun. 27, 2012 |
Respondent's Notice of Taking Continued Deposition of Petitioner, Robert Suarez filed.
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Jun. 26, 2012 |
CASE STATUS: Motion Hearing Held. |
Jun. 25, 2012 |
Respondent's Re-notice of Taking Deposition of Petitioner, Robert Suarez filed.
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Jun. 21, 2012 |
Respondent's Amended Re-notice of Taking Deposition of Petitioner, Robert Suarez filed.
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Jun. 21, 2012 |
Respondent's Re-notice of Taking Deposition of Petitioner, Robert Suarez filed.
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Jun. 21, 2012 |
Petitioners Motion of Protective Order Regarding Production of Documents filed.
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Jun. 21, 2012 |
Petitioners Motion for Protective Order Regarding Interrogatories filed.
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Jun. 13, 2012 |
Order on Petitioner`s Motion for Protective Order.
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Jun. 13, 2012 |
Petitioner's Caridad Espinosa and Roberto Suarez, Response to Response of Respondent Housing Authority of the City of Miami Beach (HAMB) and Miguel Del Campillo, Executive Director of HACMB to Motion of Protective Order filed.
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Jun. 12, 2012 |
CASE STATUS: Motion Hearing Partially Held; continued to date not certain. |
Jun. 12, 2012 |
Respondent, Housing Authority of the City of Miami Beach's Response to Petitioner Robert Suarez's Motion for Protective Order and Supporting Memorandum of Law filed.
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Jun. 05, 2012 |
(Corrected) Petitioner Caridad Espinosa/Roberto Suarez Response to Amended Notice of Taking Deposition of Respondents, Housing Authority of the City of Miami Beach and Miguel Del Campillo filed.
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Jun. 04, 2012 |
Petitioner Caridad Espinosa/Roberto Suarez Response to Amended Notice of Taking Deposition of Respondents, Housing Authority of the City of Miami Beach and Miquel Del Campillo filed.
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Jun. 04, 2012 |
Respondent's Amended Notice of Taking Deposition of Petitioner, Robert Suarez filed.
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Jun. 04, 2012 |
Respondent's Amended Notice of Taking Deposition of Petitioner, Caridad Espinosa filed.
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Jun. 04, 2012 |
Petitioners? Motion of Protective Order regarding Interrogatories; Motion of Protective Order Regarding Request for Production of Documents; Motion of Protective Order Regarding Notice of Taking Deposition of Respondents HACMB and Mr. Miguel del Campillo, Executive Director of HACMB filed.
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Jun. 01, 2012 |
Respondent's Notice of Taking Deposition of Petitioner, Robert Suarez filed.
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Jun. 01, 2012 |
Respondent's Notice of Taking Deposition of Petitioner, Caridad Espinosa filed.
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May 31, 2012 |
(Certificate of Service for Request for Production of Documents) filed.
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May 29, 2012 |
(Request for Production of Documents) filed.
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May 23, 2012 |
Respondent, Housing Authority of the City of Miami Beach's Notice of Propounding First Set of Interrogatories to Petitioner, Robert Suarez filed.
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May 23, 2012 |
Respondent, Housing Authority of the City of Miami Beach's Request for Production to Petitioner, Robert Suarez filed.
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May 08, 2012 |
Order on Respondent`s Motion to Dismiss Petitioner`s Petition for Relief and Supporting Memorandum of Law.
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May 07, 2012 |
Exhibits A, B and C to Respondent's Motion to Dismiss Petitioners' Petition and Memorandum of Law filed.
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May 04, 2012 |
(Petitioners') Response of Motion to Dismiss filed.
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Apr. 30, 2012 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Apr. 30, 2012 |
Request for Documents filed.
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Apr. 27, 2012 |
Respondent's Motion to Dismiss Petitioners' Petition for Relief and Supporting Memorandum of Law filed.
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Apr. 25, 2012 |
Certified Mail Receipts stamped this date by the U.S. Postal Service.
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Apr. 25, 2012 |
Notice of Appearance (Margaret Mevers) filed.
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Apr. 25, 2012 |
Notice of Hearing (hearing set for July 25, 2012; 9:00 a.m.; Miami, FL).
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Apr. 23, 2012 |
Notice of Appearance (Jessica Pacheco) filed.
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Apr. 19, 2012 |
Respondent's Filing as Per Initial Order of the DOAH filed.
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Apr. 18, 2012 |
Unilateral Response to Initial Order filed.
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Apr. 09, 2012 |
Initial Order.
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Apr. 05, 2012 |
Housing Discrimination Complaint filed.
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Apr. 05, 2012 |
Determination filed.
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Apr. 05, 2012 |
Notice of Determination of No Cause filed.
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Apr. 05, 2012 |
Transmittal of Petition filed by the Agency.
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Apr. 05, 2012 |
Petition for Relief filed.
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Orders for Case No: 12-001212
Issue Date |
Document |
Summary |
Oct. 30, 2012 |
Agency Final Order
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Aug. 17, 2012 |
Recommended Order
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Pet failed to prove housing discrim. Age not a protected category. For natl origin, Pets failed to prove prima facie case. ALJ denied Pets' req to broaden grounds of discrim to disability and retaliation and Resps' req for fees and costs under 120.595(1).
|