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Home / Complaints / Final Orders / Final Orders 2009 / FCHR Order No. 09-101

FCHR Order No. 09-101

Date of Release: 10/26/2009

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

JOANIE SOMMERS

EEOC Case No. NONE

Petitioner

 

v.

FCHR Case No. 2008-02812

   

INTEGRA RESORT MANAGEMENT

DOAH Case No. 09-1145

Respondent

FCHR Order No. 09-101

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

This matter is before the Commission for consideration of the Order Closing File, dated August 7, 2009, issued in the above-styled matter by Administrative Law Judge Suzanne F. Hood.

Findings of Fact and Conclusions of Law

Judge Hood’s order reflects that Petitioner failed to comply with an order of the Administrative Law Judge. Specifically, in an earlier-issued Amended Order Continuing Case in Abeyance, Judge Hood directed the parties to advise her of the status of the case, in writing, no later than July 22, 2009. Judge Hood indicated that failure to do so would result in the conclusion that the matter had been amicably resolved and the file of the Division of Administrative Hearings would be closed. Neither party filed a status report as ordered, and, therefore, Judge Hood closed the file of the Division of Administrative Hearings.

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, Biggers v. Rooms To Go, FCHR Order No. 09-045 (May 12, 2009), Shook v. Riverside National Bank, FCHR Order No. 08-029 (May 6, 2008), Butler v. The Pepsi Bottling Group, FCHR Order No. 06-107 (December 4, 2006), Castellanos v. Express Net Airlines Pilots Association, FCHR Order No. 05-061 (June 15, 2005), Mayfield v. Karl’s Haberdashery of Florida, Inc., FCHR Order No. 04-020 (March 10, 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 party filed exceptions to the Administrative Law Judge’s Order Closing File.

FCHR Order No. 09-101

Page 2

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 of appeal is found in Section 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure 9.110.

DONE AND ORDERED this 26th day of October , 2009.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Donna Elam, Panel Chairperson;

Commissioner Lizzette Gamero; and

Commissioner Billy Whitefox Stall

Filed this 26th day of October , 2009,

in Tallahassee, Florida.

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 200

Tallahassee, FL 32301

(850) 488-7082

Copies furnished to:

Joanie Sommers

278 Timberline Trail

Ormond Beach, FL 32174

Integra Resort Management

c/o Steven M. Davis, Esq.

Becker & Poliakoff, P.A.

121 Alhambra Plaza

10th Floor

Coral Gables, FL 33134

FCHR Order No. 09-101

Page 3

Suzanne F. Hood, 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 26th day of October , 2009.

By:

Clerk of the Commission

Florida Commission on Human Relations