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KEVIN MURPHY vs KNITES OF REDINGTON, D/B/A FORT KNOX BAR, 12-002310 (2012)

Court: Division of Administrative Hearings, Florida Number: 12-002310 Visitors: 18
Petitioner: KEVIN MURPHY
Respondent: KNITES OF REDINGTON, D/B/A FORT KNOX BAR
Judges: R. BRUCE MCKIBBEN
Agency: Contract Hearings
Locations: St. Petersburg, Florida
Filed: Jul. 06, 2012
Status: Closed
DOAH Final Order on Thursday, February 14, 2013.

Latest Update: Feb. 14, 2013
Summary: The issue in this case is whether Respondent, Knites of Redington, d/b/a Fort Knox Bar (the “Bar”), discriminated against Petitioner, Kevin Murphy (“Murphy”), on the basis of his age or, alternatively, for retaliation, in violation of the Florida Civil Rights Act.Petitioner did not establish even a prima facie case of discrimination. Claim denied.
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STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


KEVIN MURPHY, )

)

Petitioner, )

)

vs. )

) KNITES OF REDINGTON, d/b/a FORT ) KNOX BAR, )

)

Respondent. )


Case No. 12-2310

)


FINAL ORDER


A Recommended Order was entered in this case on January 25, 2013, setting forth findings of fact and conclusions of law. The parties were given ten days from the date of the Recommended Order to submit written exceptions. Pursuant to the Pinellas County Code section 70-77(g)(13), it is the responsibility of the Administrative Law Judge to consider any written exceptions and then to issue a Final Order.1/

APPEARANCES


For Petitioner: Kevin Murphy, pro se

310 129th Avenue, East Madeira Beach, Florida 33708


For Respondent: Brian E. Johnson, Esquire

7150 Seminole Boulevard

Seminole, Florida 33772


STATEMENT OF THE ISSUE


The issue in this case is whether Respondent, Knites of Redington, d/b/a Fort Knox Bar (the “Bar”), discriminated against Petitioner, Kevin Murphy (“Murphy”), on the basis of his age or, alternatively, for retaliation, in violation of the Florida Civil Rights Act.

Neither party filed written exceptions to the Recommended Order. The findings of fact and conclusions of law set forth in the Recommended Order are hereby incorporated by reference into this Final Order.

ORDER


Based on the foregoing, it is ORDERED that the claim for relief filed by Petitioner, Kevin Murphy, is denied in full.

DONE AND ORDERED this 14th day of February, 2013, in Tallahassee, Leon County, Florida.

R. BRUCE MCKIBBEN Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us


Filed with the Clerk of the Division of Administrative Hearings this 14th day of February, 2013.


ENDNOTE


1/ The Pinellas County Office of Human Rights unilaterally issued a Final Order, adopting the Recommended Order in full on

February 6, 2013. The instant Final Order is being issued in an abundance of caution to comply with the requirements of the Pinellas County Code.


COPIES FURNISHED:


Brian E. Johnson, Esquire 7150 Seminole Boulevard

Seminole, Florida 33772


Michelle Wallace, Esquire Pinellas County Attorney’s Office 6th Floor

315 Court Street Clearwater, Florida 33756


Kevin Murphy

310 129th Avenue, East Madeira Beach, Florida 33708


Leon W. Russell

Human Rights/EEO Officer

Pinellas County Office of Human Rights Fifth Floor

400 South Fort Harrison Avenue Clearwater, Florida 33756


W. Oliver Melvin, Compliance Officer Pinellas County Office of Human Rights Fifth Floor

400 South Fort Harrison Avenue Clearwater, Florida 33756


NOTICE OF RIGHT TO JUDICIAL REVIEW


A party who is adversely affected by this Final Order is entitled to judicial review by filing a petition for writ of certiorari in the circuit court of the Sixth Judicial Circuit in and for Pinellas County, Florida, within 30 days of the date of this Final Order


Docket for Case No: 12-002310
Issue Date Proceedings
Feb. 14, 2013 Final Order (hearing held January 25, 2013). CASE CLOSED.
Feb. 11, 2013 Agency Final Order filed.
Jan. 25, 2013 Recommended Order (hearing held January 10, 2012). CASE CLOSED.
Jan. 25, 2013 Recommended Order cover letter identifying the hearing record referred to the Agency.
Jan. 10, 2013 CASE STATUS: Hearing Held.
Dec. 21, 2012 Order Denying Motion to Dismiss and Motion for Continuance.
Dec. 20, 2012 Motion to Dismiss or in The Alternative Motion for Continuance filed.
Dec. 05, 2012 Notice of Taking Deposition Duces Tecum In aid of Execution filed.
Sep. 17, 2012 Order Granting Continuance and Re-scheduling Hearing (hearing set for January 10, 2013; 9:00 a.m.; St. Petersburg, FL).
Sep. 17, 2012 CASE STATUS: Motion Hearing Held.
Sep. 17, 2012 Letter to DOAH from B. Weekes informing of Mr. Bachert's hospitalization filed.
Sep. 13, 2012 Respondent's Witness and (Proposed) Exhibit List filed.
Sep. 11, 2012 Second Motion for Continuance of Final Hearing filed (Medical records not available for viewing).
Aug. 27, 2012 Order Denying Continuance of Final Hearing.
Aug. 23, 2012 Motion for Continuance of Hearing filed.
Aug. 10, 2012 Amended Notice of Hearing (hearing set for September 21, 2012; 9:00 a.m.; St. Petersburg, FL; amended as to location of hearing).
Aug. 08, 2012 Order of Pre-hearing Instructions.
Aug. 08, 2012 Notice of Hearing (hearing set for September 21, 2012; 9:00 a.m.; St. Petersburg, FL).
Jul. 06, 2012 Pinellas County Office of Human Rights Investigative Report filed.
Jul. 06, 2012 Initial Order.
Jul. 06, 2012 Notice of Failure to Concilate and Scheduling of an Administrative Hearing filed.
Jul. 06, 2012 Agency referral filed.

Orders for Case No: 12-002310
Issue Date Document Summary
Feb. 14, 2013 DOAH Final Order Petitioner did not establish even a prima facie case of discrimination. Claim denied.
Feb. 06, 2013 Agency Final Order
Jan. 25, 2013 Recommended Order Petitioner did not establish even a prima facie case of discrimination. Claim denied.
Source:  Florida - Division of Administrative Hearings

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