STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

EEOC Case No. NONE

Petitioner, FCHR Case No.

v. 15-3265

MICHAELS ARTS AND FCHR Order No. 15-063

Respondent.

/

FINAL ORDER DISMISSING PETITION FOR RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

This matter is before the Commission for consideration of the Order Closing File, dated July 30, 2015, issued in the above-styled matter by Administrative Law Judge Lawrence P. Stevenson.

Findings of Fact and Conclusions of Law

Judge Stevenson's order reflects that Petitioner failed to comply with an order of the Administrative Law Judge. Specifically, on July 10, Judge Peterson issued an Order Granting Continuance directing the parties to advise Judge Stevenson no later than July 20,

as to the status of the matter, the length of time required for a final hearing, and several mutually agreeable dates for re-scheduling the hearing. Judge Stevenson's order states that it appears that Respondent made a good faith effort to comply with the Order Granting Continuance but was unable to obtain full cooperation of Petitioner. Judge Stevenson's order also states that Petitioner ".. filed nothing to date that is responsive to the Order Granting Continuance." Judge Stevenson's order concludes, "At this point, the undersigned sees little alternative to closing the

in this case, in the interest of maintaining respect for the orders of this tribunal." Judge Stevenson's order relinquishes jurisdiction to the Commission "for such further action as may be appropriate."

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.

15.044 (July 31, 2015), Morgan v. Skin Cancer Associates, Order No. 15-035 (June 10, 2015), Herard v. MasTec, 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 Stonelake, 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 2:45 PM Division of Administrative Hearings

FCHR Order No. 15-063

Page 2

(May 6, 2008), Clifton v. Krys, 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. 06-107 (December 4, 2006), Castellanos v. Express Net Airlines Pilots Association, FCHR Order No. 05-061 (June 15, 2005), Mavfield v. Karl's Haberdashery of Florida, Inc., FCHR Order No. 04-020 (March 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 Order Closing

File.

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 to 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 HUMAN RELATIONS:

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

Commissioner Sandra Turner

in Tallahassee, Florida.

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

(850) 488-7082

FCHR Order No. 15-063 3

Copies furnished to:

Terry Watkins

Rayford Street, Apt. 1 Jacksonville, FL 32205

Michaels Arts and Crafts c/o Amy M . Scott, Esq. Michaels Stores, Inc.

8000 Bent Branch Drive Irving, TX 75063

Lawrence P. Stevenson, Administrative Law Judge, AH James Mallue, Legal Advisor for Commission Panel

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

Clerk of the Commission

Florida Commission on Human Relations

Docket for Case No: 15-003265

Orders for Case No: 15-003265