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SCARLETT D. EVANS vs MOMMA G'S, INC., 16-000097 (2016)

Court: Division of Administrative Hearings, Florida Number: 16-000097 Visitors: 24
Petitioner: SCARLETT D. EVANS
Respondent: MOMMA G'S, INC.
Judges: G. W. CHISENHALL
Agency: Florida Commission on Human Relations
Locations: Parker, Florida
Filed: Jan. 12, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, November 16, 2016.

Latest Update: Feb. 10, 2017
Summary: Whether Respondent, Momma G’s, Inc. (“Momma G’s”), violated the Florida Civil Rights Act of 1992, sections 760.01 through and 509.092, Florida Statutes(2015),1/ by discriminating against Petitioner (“Scarlett Evans” or “Ms. Evans”) or by retaliating against her for participating in a protected activity.Petitioner failed to demonstrate that Respondent discriminated against her by not hiring her for a certain position. However, Petitioner did prove that Respondent retaliated against her for filing
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STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS


SCARLETT D. EVANS, EEOC Case No. NONE


Petitioner, FCHR Case No.


  1. DOAH No. 16-0097


    MOMMA G'S, INC., FCHR Order No.


    Respondent.

    /


    FINAL ORDER AWARDING AFFIRMATIV E RELIE F FROM AN UNLAWFUL EMPLOYMENT PRACTIC E


    This matter is before the Commission for consideration of the Order of Dismissal, dated November issued in the above-styled matter by Administrative Law Judge Gamett W. Chisenhall.


    Findings of Fact and Conclusions of Law


    On August 4, the Commission issued an order finding that an unlawful employment practice had occurred in this case, and remanding the case to the Administrative Law Judge for the issuance of a Recommended Order regarding the amounts of back pay, attorney's fees and costs owed Petitioner. The Commission's order also ordered Respondent to cease and desist from discriminating further "in the manner in which it has been found to have unlawfully discriminated against Petitioner," and "to reinstate Petitioner to her position with all seniority and benefits as i f she had not been terminated." See, "Interlocutory Order Awarding Affirmative Relief from an Unlawful Employment Practice and Remanding Case to Administrative Law Judge for Issuance of Recommended Order Regarding Amounts of Back Pay, Attorney's Fees and Costs Owed Petitioner," FCHR Order No. (August 4,

    Judge Chisenhall's Order of Dismissal reflects that Petitioner failed to comply with an order of the Administrative Law Judge. Specifically, on October following the above- referenced remand from the Commission, Judge Chisenhall issued an Initial Order directing Petitioner, by November 7, to file a petition, supported by affidavits, as to the amount of back pay lost by Petitioner and the amounts of attorney's fees and costs incurred by Petitioner.

    As of November Petitioner had not filed a petition nor requested an extension of time to file a petition. Based on this, Judge Chisenhall's Order of Dismissal dismisses the case, closes the file of the Division of Administrative Hearings and relinquishes jurisdiction to the Commission.

    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


    Filed February 10, 2017 4:26 PM Division of Administrative Hearings


    Petition for Relief. See, generally, Varona v. Marshall Apartments, LLC, FCHR Order No. 062 (October Noel v. C and S Wholesale Services, Inc., FCHR Order No.

    (July Morgan v. Skin Cancer Associates, FCHR No. 15-035 (June 10, 2015), Herard v. Inc., FCHR Order No. (May 1, v. Primrose Center. Inc.. FCHR Order No. (February Roundtree. et al. v. Advenir at

    LLC, FCHR Order No. (August 30, Biggers v. Rooms To Go, FCHR Order No. 09-045 (May 2009), Shook v. Riverside National Bank, FCHR Order No. 08-029 (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. 07-010 (February 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 2005),

    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).

    Given the posture of the case, we conclude that Petitioner has voluntarily declined to petition for the amount of back pay lost and the amounts of attorney's fees and costs incurred. We do not view the failure to respond to the Initial Order as a forfeiture of the other relief awarded in FCHR Order No.


    Exceptions


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


    Affirmative Relief


    While we have concluded that Petitioner has voluntarily declined to petition for the amount of back pay lost and the amounts of attorney's fees and costs incurred, we note that Respondent has already been ORDERED by FCHR Order No. to provide the following affirmative relief:

    1. to cease and desist from discriminating further in the manner it has been found to have unlawfully discriminated against Petitioner; and

    2. to reinstate Petitioner to her position with all seniority and benefits as i f she had not been terminated.

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 Tony Jenkins, Panel Chairperson; Commissioner Donna and

Commissioner Jay Pichard


Filed this day of

in Tallahassee, Florida.


Clerk

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

(850) 488-7082


Copies furnished to:


Scarlett D. Evans

c/o Robert L. Thirston, Esq. Thirston Law Office

Post Office Box Panama City Beach, FL


Momma G's, Inc.

c/o John B. Trawick, Esq. McConnaughhay Coonrod Pope

Weaver Stern & Thomas, South Baylen Street, Ste. 500

Pensacola, FL 32502


W. Chisenhall, 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 addressees this / day


By:

Clerk of the Commission

Florida Commission on Human Relations


Docket for Case No: 16-000097
Issue Date Proceedings
Feb. 10, 2017 Final Order Awarding Affirmative Relief from an Unlawful Employment Practice filed.
Nov. 16, 2016 Order of Dismissal. CASE CLOSED.
Oct. 17, 2016 Initial Order.
Aug. 04, 2016 Respondent's Exceptions to Recommended Order filed.
Aug. 04, 2016 Interlocutory Order Awarding Affirmative Relief from an Unlawful Employment Practice and Remanding Case to Administrative Law Judge for Issuance of Recommended Order Regarding Amounts of Back Pay, Attorney's Fees and Costs Owed Petitioner filed.
Jun. 06, 2016 Respondent's Exceptions to Recommended Order filed.
May 26, 2016 Recommended Order (hearing held March 29, 2016). CASE CLOSED.
May 26, 2016 Recommended Order cover letter identifying the hearing record referred to the Agency.
May 09, 2016 Petitioner's Proposed Recommended Order filed.
May 09, 2016 Respondent's Proposed Recommended Order filed.
Apr. 26, 2016 Transcript of Proceedings (not available for viewing) filed.
Mar. 29, 2016 CASE STATUS: Hearing Held.
Mar. 21, 2016 Pre-hearing Stipulation filed.
Mar. 14, 2016 Motion in Limine filed.
Feb. 25, 2016 Response to Request for Production filed.
Feb. 11, 2016 Court Reporter Request filed.
Feb. 04, 2016 Respondent's First Request for Production of Documents to Petitioner filed.
Feb. 04, 2016 Respondent's Notice of Serving First Set of Interrogatories on Petitioner filed.
Jan. 25, 2016 Respondent's Notice of Taking Deposition of Petitioner filed.
Jan. 20, 2016 Order of Pre-hearing Instructions.
Jan. 20, 2016 Notice of Hearing (hearing set for March 29, 2016; 9:30 a.m., Central Time; Panama City, FL).
Jan. 20, 2016 Response to Initial Order filed.
Jan. 12, 2016 Initial Order.
Jan. 12, 2016 Charge of Discrimination filed.
Jan. 12, 2016 Notice of Determination: No Reasonable Cause filed.
Jan. 12, 2016 Determination: No Reasonable Cause filed.
Jan. 12, 2016 Notice of Appearance of Counsel (filed by Robert Thirston, II).
Jan. 12, 2016 Petition for Relief filed.
Jan. 12, 2016 Transmittal of Petition filed by the Agency.

Orders for Case No: 16-000097
Issue Date Document Summary
Feb. 09, 2017 Agency Final Order
Aug. 04, 2016 Agency Final Order
May 26, 2016 Recommended Order Petitioner failed to demonstrate that Respondent discriminated against her by not hiring her for a certain position. However, Petitioner did prove that Respondent retaliated against her for filing an EEOC complaint.
Source:  Florida - Division of Administrative Hearings

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