STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS
NORRIS, EEOC No. 510201501237
Petitioner. FCHR Case No.
v. AH No. 16-2867
FLORIDA GULF COAST UNIVERSITY, FCHR Order No. 17-006
Respondent.
This matter is before the Commission for consideration of the Order Closing File and Relinquishing Jurisdiction, dated October 28, issued in the above-styled matter by Administrative Law Judge Lynne A. Quimby-Pennock.
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 October 2016, Judge Quimby-Pennock issued an Order to Show Cause directing Petitioner to clarify Petitioner's October
pleading which requested to cancel the hearing." The Order to Show Cause gave Petitioner until 5:00 p.m. on October 27, to respond.
Petitioner did not respond to the Order to Show Cause.
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
See, also, generally, Noel v. C and S Wholesale Services. Inc.. FCHR Order No. (July 31, Morgan v. Skin Cancer Associates. FCHR Order No. (June
Herard v. Inc.. FCHR Order No. (May 1, 2013), v. Primrose Center. Inc.. FCHR Order No. 12-009 (February 21, Roundtree. et v. Advenir at Stonelake. 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. Krvs. et al. FCHR Order No. 07-062 (November 7, 2007), Bordonaro v. The Green at the Heather Condominium Association. Inc.. FCHR Order No. (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).
FCHR Order No. Page 2
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 Florida Statutes, and in the Florida Rules of Appellate Procedure
AND ORDERED this
FOR THE FLORIDA COMMISSION ON HUMAN
Commissioner Rebecca Steele, Panel Chairperson; Commissioner Derick Daniel; and
Commissioner Gilbert M . Singer
Filed this day ,
in Tallahassee, Florida.
Clerk
Commission on Human Relations 4075 Esplanade Way, Room Tallahassee, FL 32399
(850) 488-7082
FCHR Order No. 17-006
Page 3
Copies furnished to:
Kathy Norris
Clark Avenue
Ames, 50010
Florida Gulf Coast University c/o Sacha Dyson, Esq.
Thompson, Sizemore, Gonzalez & Hearing, P.A.
Post Office Box Tampa, FL
Lynne A. Quimby-Pennock, 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
Issue Date | Document | Summary |
---|---|---|
Jan. 19, 2017 | Agency Final Order |