STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

DIANA VARONA. HUD Case No. 04-15-0100-8

Petitioner, FCHR Case No.

v. DOAH No. 15-1721

MARSHALL APARTMENTS, LLC, FCHR Order No. 15-062

Respondent.

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FINAL ORDER DISMISSING PETITION FOR RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE

This matter is before the Commission for consideration of the Recommended Order of Dismissal, dated July 27, issued in the matter by Administrative Law Judge Lynne A.

Findings of Fact and Conclusions of Law

Judge order reflects that Petitioner failed to comply with an order of the Administrative Law Judge. Specifically, on July 8, Judge Quimby-Pennock issued an Order to Show Cause to Petitioner to a written response to the undersigned before the close of business on Tuesday, July concerning why she failed to respond to the Motion Admissions, responding to the SJ Motion, and concerning any reason for the case to remain pending before the Division of Administrative Hearings." In the order pending before the Commission, the Administrative Law Judge found, "Petitioner has failed to comply with this Order. Petitioner has not provided a written response to the before the close of business on Tuesday, July concerning why she failed to respond to Respondent's Request for Admissions, her response to the Motion for Summary Judgment, or any reason for this case to remain pending." Based on this failure to respond, the Administrative Law Judge recommended the Commission dismiss the Petition for Relief, with prejudice.

We note that, generally, Commission panels have concluded that a Petitioner's failure to respond to orders of an Administrative Law Judge amounts to a voluntary dismissal of the Petition for Relief. See, generally, Noel v. C and S Wholesale Services, Inc., FCHR Order No.

(July 31, Morgan v. Skin Cancer Associates, FCHR Order No. (June 10, 2015), Herard v. Inc., FCHR Order No. 13-034 (May 1, 2013), v. Primrose Center, Inc., FCHR Order No. 12-009 (February 21, 2012), Roundtree, et v. Advenir at

LLC, FCHR Order No. (August 30, Biggers v. Rooms To Go. FCHR Order No. 09-045 (May 12, 2009), Shook v. Riverside National Bank, FCHR Order No. 08-029

Filed October 14, 2015 11:30 AM Division of Administrative Hearings

(May 6, 2008), Clifton v. et FCHR Order No. 07-062 (November 7, 2007), Bordonaro

v. The Green at the Heather Condominium Association, Inc., FCHR Order No. (February 14, 2007), Butler v. The Pepsi Bottling Group, FCHR Order No. (December 4, 2006), Castellanos v. Express Net Airlines Pilots Association, FCHR Order No. 05-061 (June 15, 2005),

v. Karl's Haberdashery of Florida, Inc., FCHR Order No. 04-020 (March 10, 2004), and Kenny v. Florida Department of Corrections, FCHR Order No. 02-020 (June 3, 2002).

Based on the foregoing, we conclude that the Petition for Relief should be dismissed.

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 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

DONE AND ORDERED this day 2015.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

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

Commissioner Sandra Turner

in Tallahassee, Florida.

Clerk

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

(850) 488-7082

Copies furnished to:

Diana Varona

Amberwood Boulevard FL 34741

Marshall Apartments, LLC

c/o Douglas B. Melamed, Esq. Banker Lopez Gassier, P.A.

1200 South Pine Island Road, Ste. Plantation, FL 33324

Cristobal Gil

Marshall Apartments, LLC

Northwest 2 n d Avenue, Ste. 208 FL

Lynne A. Quimby-Pennock, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel

I that of the foregoing has been mailed to the above listed

Clerk the Commission

Florida Commission on Human Relations

Docket for Case No: 15-001721

Orders for Case No: 15-001721