STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

ANN KARLA HERBERGER, EEOC No. 15D201400442

Petitioner, FCHR Case No. 2014-00596

v. DOAH No. 14-5348

GEO CARE, LLC, FCHR Order No. 15-021

Respondent.

FINAL ORDER DISMISSING PETITION

RELIE F FROM AN UNLAWFUL EMPLOYMENT PRACTIC E

This matter is before the Commission for consideration of the Recommended Order of Dismissal, dated January 23, issued in the above-styled matter by Administrative Law Judge Cathy M. Sellers.

Findings of Fact and Conclusions of Law

Judge order reflects that Petitioner failed to appear at the scheduled administrative hearing in the case. Further, Judge Sellers' order states that "Petitioner failed to present any evidence to meet her burden." Consequently, the order recommends that the Commission issue a final order dismissing the Petition for Relief.

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., Wade v. District School Board of Putnam FCHR Order No. 15-008 (February 12, 2015), Demons v. Emerald Grande. LLC, FCHR Order No. 14-

(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 17, 2012), v. Department of Financial Services, FCHR Order No.

(April Patterson v. Panama City Housing Authority, FCHR Order No. (January Crump v. The Majestic Tower at Bal Harbour, FCHR Order No. (September

21, 2010), v. Lake County Housing Authority, FCHR Order No. 10-041 (April 27, Cowden v. et al, FCHR Order No. (December 2009), Scott v. Two

Men and a Truck, FCHR Order No. 09-009 (January 27, 2009), Enzor v. Inc.. FCHR Order No. 08-048 (July 29, 2008), Rodriguez v. Center Point Health and Rehab. FCHR Order No. 08-001 (January 2008), West v. Sembler Bay Walk, FCHR Order No. 07-037 (June 15, 2007), Martinez v. Plantation Island Resort. FCHR Order No. 07-028 (April 20, 2007), et al. v. Robert Buckner & Associates, FCHR Order

Filed April 15, 2015 11:08 AM Division of Administrative Hearings

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 her burden of proof.

Exceptions

Neither of the parties filed exceptions to the Administrative Law Judge's Recommended Order of Dismissal.

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

DONE AND ORDERED this day of

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M . Singer, Panel Chairperson; Commissioner Derick Daniel; and

Commissioner Donna

Clerk

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

(850) 488-7082

Copies furnished to:

Ann Herberger

4486 Southwest Tabor Street Port St. Lucie, FL 34953

Ann Karla Herberger 652 Southwest; Sarazen Port St. Lucie, FL 34953

GEO Care, LLC

c/o Cheryl L. Esq. c/o Daniel A. Krawiec, Esq. Hinshaw & Culbertson, LLP

One East Broward Boulevard, Suite Fort Lauderdale, FL 33301

Cathy Sellers, 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

Clerk of the

Florida Commission on Human Relations

Docket for Case No: 14-005348

Orders for Case No: 14-005348