STATE OF FLORIDA COMMISSION ON HUMA N RELATIONS

JUDAH WILLIAMS , EEOC No. 15D201500558

Petitioner, FCHR Case No.

v. DOA H No. 16-4288

EASTERN SHIPYARD, FCHR Order No. 16-062

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, dated October 3, issued in the above-styled matter by Administrative Law Judge R. Bruce

Findings o f Fact and Conclusions of Law

Judge order reflects that Petitioner failed to comply with an order of the Administrative Law Judge. Specifically, on September 23, Judge McKibben issued an Order Compelling Responses to Discovery and Granting Continuance requiring the parties to

a case status report no later than September 30, As of the date of the order currently before the Commission, Petitioner had not filed a response as directed.

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, Varona v. Marshall Apartments, LLC, FCHR Order No.

062 (October 14, Noel v. C and S Wholesale Services. Inc.. FCHR Order No. (July 31, Morgan v. Skin Cancer Associates. FCHR Order No. (June

Herard v. MasTec. Inc.. FCHR Order No. (May 1, v. Primrose Center, Inc., FCHR Order No. (February 21 , 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

(May 6, 2008), Clifton v. Krvs. et 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. (June 2005),

v. Karl's Haberdashery o f 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.

Filed December 8, 2016 1:56 PM Division of Administrative Hearings

Exceptions

File.

Neither o f the parties filed exceptions to the Administrative Law Judge's Order Closing

Dismissal

The Petition for Relief and Complaint of Discrimination are DISMISSED with prejudice.

The parties have the right to seek judicial review o f this Order. The Commission and the appropriate District Court o f Appeal must receive notice of appeal within 30 days o f the date this Order is filed with the Clerk o f the Commission. Explanation of the right to appeal is found in Section Florida and in the Florida Rules of Appellate Procedure

DONE AN D ORDERED this day

FOR THE FLORIDA COMMISSION ON HUMA N RELATIONS:

Commissioner Rebecca Steele, Panel Chairperson; Commissioner Derick Daniel; and

Commissioner Gilbert M . Singer

Filed this day o f

in Tallahassee, Florida.

2016,

Clerk

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

(850) 488-7082

Copies furnished to:

Judah Williams

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

Post Office Box Panama City Beach, FL

Eastern Shipyard

c/o Adrienne L. Conrad, Esq.

c/o Jennifer Shoaf Richardson, Esq. Jackson Lewis, LLP

Riverside Ave., Ste. 902 Jacksonville, FL 32202

R. Bruce McKibben, Administrative Law Judge, DOA H James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that fycopy o f the foregoing has been mailed to the above listed

Florida Commission on Human Relations

Docket for Case No: 16-004288

Orders for Case No: 16-004288