STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

ANTHONY RYDELEK, EEOC No.

Petitioner, FCHR No. 2014-00467

v. No. 14-4452

DAVID MAUS TOYOTA, FCHR Order No. 15-010

Respondent.

FINAL ORDER DISMISSING PETITION FOR

RELIE F AN UNLAWFUL EMPLOYMENT PRACTIC E

This matter is before the Commission for consideration of the Order Closing File and Relinquishing Jurisdiction, dated December 22, issued in the above-styled matter by Administrative Law Judge Linzie F. Bogan.

Findings of Fact and Conclusions of Law

Among other things, Judge order reflects that Petitioner failed to appear at the administrative hearing in the case.

Commission panels have concluded that when a Petitioner fails to appear at the scheduled administrative hearing in their case, they fail to meet their burden of proof, and the Petition for Relief should be dismissed. See, e.g., Demons v. Emerald Grande, LLC, FCHR Order No.

033 (September 10, 2014), Bullard v. Lowry Group Properties, Inc., et FCHR Order No. 13- (February 26, 2013), Goldenberg v. Department of Corrections, FCHR Order No. 12-051

(September 2012), Dotson v. Department of Financial Services, FCHR Order No.

(April 13, 2011), Patterson v. Panama City Housing Authority, FCHR No. 11-001 (January Crump v. The Majestic Tower at Bal Harbour, FCHR Order No. 10-072 (September

21, 2010), v. Lake County Housing Authority, FCHR Order No. 10-041 (April 27, 2010), Cowden v. et FCHR Order No. (December 14, 2009), Scott v. Two Men and a Truck, FCHR Order No. 09-009 (January 27, 2009), Enzor v. Sandco, Inc., FCHR Order No. 08-048 (July 29, 2008), Rodriguez v. Center Point Health and Rehab, FCHR Order No. 08-001 (January 14, 2008), West v. Corporation, d/b/a Bay Walk, FCHR Order No. 07-037 (June 2007), Martinez v. KJC Enterprises, Plantation Island Resort, FCHR Order No. 07-028 (April 20, 2007), et al. v. Robert Buckner & Associates, FCHR Order No. 06-092 (November 2006), and Prek v. Workforce Central Florida. FCHR Order No. 06- 079 (September 18, 2006).

We adopt the Administrative Law Judge's finding as to the nonappearance of Petitioner and conclude that Petitioner has failed to carry his burden of proof.

Filed March 12, 2015 2:58 PM Division of Administrative Hearings

Exceptions

Neither of the parties filed exceptions to the Administrative Law Judge's Order Closing File and Relinquishing Jurisdiction.

Dismissal

This Order disposes of all motions pending before the Commission.

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 noti ce 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 Florida Statutes, and in the Florida Rules of Appellate Procedure

DONE AND ORDERED this day of FOR THE FLORIDA COMMISSION ON

Commissioner Gilbert M . Singer, Panel Chairperson; Commissioner Onelia and Commissioner Tony Jenkins

this day of 2015, in Tallahassee, Florida.

Clerk

Commission on Human Relations 4075 Esplanade Way, Room Tallahassee, FL 32399

(850) 488-7082

Copies furnished to: Anthony Rydelek

Avenue North, Apt.

St. Petersburg, FL 33716

David Maus Toyota

c/o Michael Esq.

Killgore, Stamp, Ornstein & Squires,

P.O.Box 1913

2 South Orange Avenue, 5t h Floor FL 32802-1913

Linzie F. Bogan, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that of the foregoing has been mailed to the above listed addressees this day of

Clerk ofthe

Florida Commission on Human Relations

Docket for Case No: 14-004452

Orders for Case No: 14-004452