STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

SAUL LEVIN,

Petitioner,

V.

200 WINSTON TOWERS HOMEOWNERS ASSOC.,

EEOC Case No. 15D201400573 FCHR Case No. 2014-01117 DOAH Case No. 15-0217 FCHR Order No. 15-051

Respondent.

                                                                I

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 June 18, 2015, issued in the above-styled matter by Administrative Law Judge Mary Li Creasy.

Findings of Fact and Conclusions of Law

Judge Creasy's order reflects that Petitioner failed to appear at the scheduled administrative hearing in the case. Further, Judge Creasy's order concludes, "Petitioner has the burden to go forward. As no evidence was presented in support of Petitioner's petition, Petitioner failed to meet his burden." Consequently, the order recommends that the Commission issue a final order dismissing 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., Wade v. District School Board of Putnam County, FCHR Order No. 15-008 (February 12, 2015), Demons v. Emerald Grande, LLC, FCHR Order No. 14- 033 (September 10, 2014), Bullard v. Lowry Group Properties, Inc., et al., FCHR Order No. 13- 011 (February 26, 2013), Goldenberg v. Department of Corrections, FCHR Order No. 12-051 (September 17, 2012), Dotson v. Department of Financial Services, FCHR Order No. 11-034 (April 13, 2011), Patterson v. Panama City Housing Authority, FCHR Order No. 11-001 (January 13, 2011), Crump v. The Majestic Tower at Bal Harbour, FCHR Order No. 10-072 (September 21, 2010), Bermudez v. Lake County Housing Authority, FCHR Order No. 10-041 (April 27, 2010), Cowden v. Difiglio, et al., FCHR Order No. 09-115 (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. Sembler Corporation, d/b/a Bay Walk, FCHR Order No.

Filed August 21, 2015 4:02 PM Division of Administrative Hearings

07-037 (June 15, 2007), Martinez v. KJC Enterprises, d/b/a Plantation Island Resort, FCHR Order No. 07-028 (April 20, 2007), Chaney, et al. v. Robert Buckner & Associates, FCHR Order No. 06-092 (November 13, 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.

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 9.110.

DONEANDORDEREDthiso2/ dayof                   ,2015.

FOR THE FLORIDA COMMISSION ON HU ANRELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson; Commissioner Donna Elam; and

Commissioner Jay Pichard

Filed thisd/ day of Au   , 2015, in Tallahassee, Florida.

Commission on Human Relations 4075 Esplanade Way, Room 110

Tallahassee, FL 32399

(850) 488-7082

Copies furnished to:

Saul Levin

clo Moises Kaba, III, Esq.

Kaba Law Group, P.L.L.C.

8180 Northwest 36th Street, Suite 100 H Doral, FL 33178

200 Winston Towers Homeowners Assoc. c/o Charles M. Eiss, Esq.

Law Offices of Charles Eiss, P.L. 8211 West Broward Blvd., Suite 360

Plantation, FL 33324

Mary Li Creasy, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that ajpy of the foregoing has been mailed to the above listed addresseesthis d/ dayof ,2015.

By:                                                                                                  

Clerk of the Comission

Florida Commission on Human Relations

Docket for Case No: 15-000217

Orders for Case No: 15-000217