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JAMES E. TOWNSEND SR., CONTESSA IDLEBURG vs ASSAD F. MALATY, 18-004634 (2018)

Court: Division of Administrative Hearings, Florida Number: 18-004634 Visitors: 15
Petitioner: JAMES E. TOWNSEND SR., CONTESSA IDLEBURG
Respondent: ASSAD F. MALATY
Judges: ANDREW D. MANKO
Agency: Florida Commission on Human Relations
Locations: Lakeland, Florida
Filed: Sep. 04, 2018
Status: Closed
Recommended Order on Thursday, December 19, 2019.

Latest Update: Apr. 06, 2020
Summary: Whether Respondent, Assad F. Malaty, discriminated against Petitioners, Dr. James E. Townsend and his niece, Contessa Idleburg (formerly, Ms. Rogers), in violation of the Florida Fair Housing Act and, if so, the appropriate remedy therefor.Petitioners failed to timely file housing discrimination complaint and, regardless, failed to prove that Respondent discriminated against them through terms and conditions, and failing to make modifications or accommodations based on their handicaps.
SKM_80821050514530

Docket for Case No: 18-004634
Issue Date Proceedings
May 06, 2021 Motion to Appeal filed (DUPLICATE FILING).
May 06, 2021 Agency Final Order Dismissing Petition for Relief from a Discriminatory Housing Practice filed.
Apr. 06, 2020 Certified Return Receipt received this date from the U.S. Postal Service.
Jan. 07, 2020 Order of No Jurisdiction
.
Jan. 06, 2020 Motion to Appeal filed.
Dec. 19, 2019 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Dec. 19, 2019 Recommended Order (hearing held December 3, April 2, and June 13, 2019). CASE CLOSED.
Dec. 19, 2019 Recommended Order cover letter identifying the hearing record referred to the Agency.
Dec. 03, 2019 Notice of Ex Parte Communication.
Dec. 02, 2019 (Petitioner`s) Amended Proposed Recommended Order filed.
Nov. 26, 2019 Order Accepting Petitioner's Proposed Recommended Order
.
Nov. 26, 2019 Notice of Ex Parte Communication.
Nov. 25, 2019 (Petitioner`s) Proposed Recommended Order filed.
Nov. 08, 2019 Amended Order Granting Extension of Time.
Nov. 06, 2019 Notice of Filing Respondent's Proposed Recommended Order filed.
Oct. 16, 2019 Order Granting Extension of Time.
Oct. 15, 2019 Respondent's Motion for Extension of Time in which to Submit Proposed Recommended Order filed.
Oct. 09, 2019 Notice of Filing Transcript.
Oct. 09, 2019 Hearing Transcript (Hearing held on December 3, 2018) filed.
Oct. 09, 2019 Hearing Transcript (Hearing held on June 13, 2019) filed.
Oct. 09, 2019 Hearing Transcript (Hearing held on April 2, 2019) filed.
Oct. 09, 2019 Notice of Filing Hearing Transcript filed.
Oct. 08, 2019 Order to File Transcript.
Sep. 11, 2019 Notice of Ex Parte Communication.
Sep. 11, 2019 Letter from James Townsend Regarding Case filed.
Jun. 14, 2019 Respondent's Notice of Filing Additional Exhibit filed.
Jun. 14, 2019 Notice of Filing Petitioner's Exhibit filed.
Jun. 13, 2019 CASE STATUS: Hearing Held.
Jun. 12, 2019 Letter from Petitioner Regarding Medical Health filed. 
 Confidential document; not available for viewing.
Jun. 10, 2019 Court Reporter Request filed.
May 06, 2019 Certified Return Receipt received this date from the U.S. Postal Service.
Apr. 24, 2019 Undeliverable envelope returned from the Post Office.
Apr. 18, 2019 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Apr. 18, 2019 Order Rescheduling Continuation of Final Hearing by Video Teleconference (hearing set for June 13, 2019; 9:00 a.m.; Lakeland and Tallahassee, FL).
Apr. 17, 2019 CASE STATUS: Status Conference Held.
Apr. 16, 2019 Notice of Telephonic Status Conference (status conference set for April 17, 2019; 10:30 a.m.).
Apr. 15, 2019 Notice of Ex Parte Communication.
Apr. 15, 2019 Foot Notice to Help Remedy These Matters Amended filed.
Apr. 12, 2019 Notice of Ex Parte Communication.
Apr. 11, 2019 Certified Return Receipt received this date from the U.S. Postal Service.
Apr. 10, 2019 Notice to Help Remedy the Court Make a Decision in Case No. 18-004634 filed (Confidential/Medical information; not available for viewing) 
 Confidential document; not available for viewing.
Apr. 08, 2019 Respondent's Notice of Filing Additional Exhibit filed.
Apr. 03, 2019 Order (granting request for record to remain open for filing of additional exhibits).
Apr. 02, 2019 CASE STATUS: Hearing Partially Held; continued to date not certain.
Mar. 28, 2019 Court Reporter Request filed.
Jan. 23, 2019 Certified Return Receipt received this date from the U.S. Postal Service.
Jan. 15, 2019 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Jan. 15, 2019 Amended Notice of Hearing by Video Teleconference (hearing set for April 2, 2019; 9:30 a.m.; Lakeland and Tallahassee, FL; amended as to Date and Location).
Jan. 14, 2019 Certified Return Receipt received this date from the U.S. Postal Service.
Jan. 07, 2019 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Jan. 07, 2019 Notice of Hearing (hearing set for March 6, 2019; 9:30 a.m.; Lakeland, FL).
Dec. 17, 2018 Motion to Continue with DOAH ALJ, to Determination of Violations and Discriminatory Acts filed.
Dec. 04, 2018 Order Granting Continuance (parties to advise status by January 4, 2019).
Dec. 03, 2018 CASE STATUS: Hearing Partially Held; continued to date not certain.
Nov. 29, 2018 Court Reporter Request filed.
Nov. 28, 2018 CASE STATUS: Pre-Hearing Conference Held.
Nov. 28, 2018 Notice of Telephonic Status Conference (status conference set for November 28, 2018; 2:30 p.m.).
Nov. 26, 2018 Respondent's Witness List filed.
Nov. 26, 2018 Respondent's Notice of Filing Exhibits 9 - 17 filed.
Nov. 26, 2018 Respondent's Notice of Filing Exhibits 1 - 8 filed.
Nov. 26, 2018 Respondent's Exhibit List filed.
Nov. 19, 2018 Petitioner's Witness List filed.
Nov. 19, 2018 Plaintiff, Answer for the "ALJ" Determination of Violations and Discriminatory Acts filed.
Nov. 19, 2018 Notice of Filing filed.
Nov. 15, 2018 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Nov. 15, 2018 Amended Notice of Hearing (hearing set for December 3 and 4, 2018; 9:30 a.m.; Bartow, FL; amended as to location).
Oct. 01, 2018 Certified Return Receipt received this date from the U.S. Postal Service.
Sep. 26, 2018 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Sep. 26, 2018 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Sep. 26, 2018 Amended Notice of Hearing (hearing set for December 3 and 4, 2018; 9:30 a.m.; Lakeland, FL; amended as to Copies Furnished).
Sep. 25, 2018 Order of Pre-hearing Instructions.
Sep. 25, 2018 Notice of Hearing (hearing set for December 3 and 4, 2018; 9:30 a.m.; Lakeland, FL).
Sep. 24, 2018 CASE STATUS: Pre-Hearing Conference Held.
Sep. 20, 2018 Notice of Telephonic Pre-hearing Conference (set for September 24, 2018; 2:00 p.m.).
Sep. 14, 2018 Notice of Appearance filed.
Sep. 14, 2018 Respondent's Response to Initial Order filed.
Sep. 14, 2018 Notice of Appearance filed.
Sep. 10, 2018 Undeliverable envelope returned from the Post Office.
Sep. 06, 2018 Initial Order.
Sep. 04, 2018 Housing Discrimination Complaint filed.
Sep. 04, 2018 Notice of Determination (Cause) and Notice of Determination (No Cause) filed.
Sep. 04, 2018 Determination filed.
Sep. 04, 2018 Petition for Relief filed.
Sep. 04, 2018 Request for Administrative Hearing (medical information not available for viewing) filed. 
 Confidential document; not available for viewing.
Sep. 04, 2018 Transmittal of Petition filed by the Agency.

Orders for Case No: 18-004634
Issue Date Document Summary
May 05, 2021 Agency Final Order
Dec. 19, 2019 Recommended Order Petitioners failed to timely file housing discrimination complaint and, regardless, failed to prove that Respondent discriminated against them through terms and conditions, and failing to make modifications or accommodations based on their handicaps.
Source:  Florida - Division of Administrative Hearings

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