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KATHY NORRIS vs FLORIDA GULF COAST UNIVERSITY, 16-002867 (2016)

Court: Division of Administrative Hearings, Florida Number: 16-002867 Visitors: 6
Petitioner: KATHY NORRIS
Respondent: FLORIDA GULF COAST UNIVERSITY
Judges: LYNNE A. QUIMBY-PENNOCK
Agency: Florida Commission on Human Relations
Locations: Fort Myers, Florida
Filed: May 24, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, October 28, 2016.

Latest Update: Jan. 19, 2017
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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.


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 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).


Filed January 19, 2017 4:03 PM Division of Administrative Hearings


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


Docket for Case No: 16-002867
Issue Date Proceedings
Jan. 19, 2017 Agency Final Order Dismissing Petition for Relief from an Unlawful Employment Practice filed.
Oct. 28, 2016 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Oct. 12, 2016 Order to Show Cause.
Oct. 11, 2016 Notice of Postponing Deposition filed.
Oct. 11, 2016 Letter from Kathy Norris requesting to cancel hearing filed.
Oct. 06, 2016 Notice of Taking Deposition filed.
Sep. 16, 2016 Notice of Production from Non-Party filed.
Sep. 12, 2016 Respondent's First Request for Production to Petitioner filed.
Sep. 12, 2016 Notice of Serving Respondent's First Set of Interrogatories to Plaintiff filed.
Jul. 20, 2016 Order Re-scheduling Hearing (hearing set for November 9, 2016; 9:00 a.m.; Fort Myers, FL).
Jul. 20, 2016 Order.
Jul. 13, 2016 Respondent's Status Report filed.
Jul. 12, 2016 Notice of Ex-parte Communication.
Jul. 11, 2016 Letter to Keysha from Kathy Norris regarding 2 emails that were sent by fax filed.
Jul. 11, 2016 Letter to Keysha from Kathy Norris regarding concerns for case filed.
Jul. 11, 2016 Letter from Kathy Norris in response to Order on Pending Motions filed.
Jun. 29, 2016 Order on Pending Motions (parties to advise status by July 13, 2016).
Jun. 21, 2016 Respondent's Motion to Continue Evidentiary Hearing filed.
Jun. 20, 2016 Respondent's Motion to Dismiss filed.
Jun. 15, 2016 Order of Pre-hearing Instructions.
Jun. 15, 2016 Notice of Hearing (hearing set for July 29, 2016; 9:00 a.m.; Fort Myers, FL).
Jun. 10, 2016 Order Denying Extension of Time to Respond.
Jun. 09, 2016 Notice of Appearance and Response to Initial Order filed.
Jun. 09, 2016 Notice of Appearance (Sacha Dyson) filed.
Jun. 01, 2016 Notice of Ex-parte Communication.
Jun. 01, 2016 Letter from Kathy Norris regarding confirmation of receipt of Initial Order and summary of phone conversation filed.
May 24, 2016 Initial Order.
May 24, 2016 Charge of Discrimination filed.
May 24, 2016 Notice of Determination: No Reasonable Cause filed. 
 Confidential document; not available for viewing.
May 24, 2016 Determination: No Reasonable Cause/Untimely filed.
May 24, 2016 Petition for Relief filed. 
 Confidential document; not available for viewing.
May 24, 2016 Transmittal of Petition filed by the Agency.

Orders for Case No: 16-002867
Issue Date Document Summary
Jan. 19, 2017 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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