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Home / Complaints / Final Orders / Final Orders 2014 / FCHR Order No. 14-009

FCHR Order No. 14-009

Date of Release: 03/26/2014

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

SUSANNE GOSS

EEOC Case No. 510201000872

Petitioner

FCHR Case No. 2010-00663

v.

DOAH Case No. 10-10699

KAZI FOODS OF FLORIDA, INC.

d/b/a KENTUCKY FRIED CHICKEN

FCHR Order No. 14-009

Respondent

 

ORDER REQUIRING RESPONDENT TO SHOW CAUSE WHY CASE SHOULD NOT BE REMANDED FOR ADMINISTRATIVE HEARING ON THE MERITS

This matter is before the Commission for consideration of the “Order Closing File and Relinquishing Jurisdiction,” dated January 27, 2014, issued in the above-styled matter by Administrative Law Judge Cathy M. Sellers.

Findings of Fact and Conclusions of Law

Judge Sellers’ order indicates that this case was automatically stayed on March 14, 2011, pursuant to the bankruptcy stay provisions of 11 U.S.C. § 362(a)(1). The record reflects that Respondent filed a notice of bankruptcy and automatic stay with the Division of Administrative Hearings on March 10, 2011.

Judge Sellers’ order further indicates that no activity has been recorded in this matter since the order imposing the stay, and that the matter “is closed with leave to reopen should the parties determine that it should go forward to administrative hearing.”

Judge Sellers’ order does not require the filing of a status update by the parties, rather it simply closes the case and relinquishes jurisdiction to the Commission.

An “Order to Show Cause” is an appropriate method by which the Commission can obtain a status update in a case under bankruptcy stay. See Bowers v. Big Red Waste, Inc., FCHR Order No. 04-122 (October 12, 2004), specifically the procedural history discussed therein.

Since the case was stayed upon Respondent’s filing of a notice of bankruptcy and bankruptcy stay, to obtain the current status of the case we conclude it appropriate to issue an “Order to Show Cause” requiring Respondent to report why the case should not be remanded to the Division of Administrative Hearings for a proceeding on the merits.

FCHR Order No. 14-009

Page 2

Exceptions

Neither party filed exceptions to the Administrative Law Judge’s “Order Closing File and Relinquishing Jurisdiction.”

Order to Show Cause

Respondent is hereby ORDERED, within 30 days of the date of this order, to show cause why this case should not be remanded to the Division of Administrative Hearings for a proceeding on the merits.

Failure of Respondent to file a response to this order with the Commission within the time indicated will result in the conclusion that the bankruptcy stay has been lifted and the Clerk of the Commission will transmit the matter to the Division of Administrative Hearings for a proceeding on the merits.

DONE AND ORDERED this 26th day of March , 2014.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Mario M. Valle, Panel Chairperson;

Commissioner Donna Elam; and

Commissioner Michael Keller

Filed this 26th day of March , 2014,

in Tallahassee, Florida.

/s/

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

Copies furnished to:

Susanne Goss

6226 County Road 92

Greenwood, MS 38930

FCHR Order No. 14-009

Page 3

Kazi Foods of Florida, Inc., d/b/a

Kentucky Fried Chicken

c/o Alexander S. Gareeb, Esq.

Gareeb Law Group

21333 Oxnard Street, Second Floor

Woodland Hills, CA 91367

Kazi Foods of Florida, Inc., d/b/a

Kentucky Fried Chicken

c/o Juan Mujica

Director of Operations

171 NE 166th Street

Miami, FL 33162

Cathy M. Sellers, 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 March , 2014.

By: /s/

Clerk of the Commission

Florida Commission on Human Relations