STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

ULYSSES MASTROGIANNI, EEOC No.

Petitioner, FCHR Case No. 2015-01338

v. DOAH No. 16-0660

UNIVITA HEALTH, INC., FCHR Order No. 16-049

Respondent.

/

FINAL ORDER DISMISSING PETITIO N FOR

RELIE F FROM AN UNLAWFUL EMPLOYMENT PRACTIC E

This matter is before the Commission for consideration of the Order Closing File and Relinquishing Jurisdiction, dated July issued in the above-styled matter by Administrative Law Judge Robert E.

Findings of Fact and Conclusions of Law

Judge order states, "On February 23, the Administrative Law Judge entered an Order Placing Case in Abeyance requiring the parties to advise in writing no later than June 22, as to the status of the bankruptcy case and advising that failure to advise of the status would result in closure of the file of the Division of Administrative Hearings." The order further notes that the parties have failed to file a status report.

We note that while both parties were charged with the responsibility of filing a status report, the case had been placed in abeyance based on Respondent's filing with the Administrative Law Judge. Nevertheless, that filing, which indicates it was served on Petitioner, placed Petitioner on notice that he would need to take further action to proceed, indicating, "I f the Plaintiff wishes to file a Proof of Claim in the Bankruptcy Cases, the bar date for filing claims is March 28,

Petitioner failed to comply with the order of the Administrative Law Judge.

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. Watkins v. Michaels Arts and Crafts, FCHR Order No. (October 2015). See, also, generally, Noel v. C and S Wholesale Services. Inc.. FCHR Order No. 15-044 (July Morgan v. Skin Cancer Associates, FCHR Order No. (June

Herard v. Inc., FCHR Order No. (May v. Primrose Center, Inc., FCHR Order No. (February 21, Roundtree. et 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

Filed September 30, 2016 8:00 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 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 and Relinquishing Jurisdiction.

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 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure

DONE AND ORDERED this

FOR THE FLORIDA COMMISSIOdNayOoNf

HUMAN RELAT,IONS:

Commissioner Rebecca Steele, Panel Chairperson; Commissioner Donna and

Commissioner Gilbert M . Singer

in Tallahassee, Florida.

Clerk J

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

(850) 488-7082

Copies furnished to:

Ulysses Mastrogianni

Northwest 14t h Court Pembroke Pines, FL 33028

Univita Health, Inc.

c/o Douglas G. Leney, Esq. Archer & Greiner, PC

One Liberty Place, 32n d Floor Market Street

Philadelphia, PA 19103

Robert E. Meale, 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: 16-000660

Orders for Case No: 16-000660