01-001689 Timothy L. Cahill vs. K. S. L. Fairways Group, L.P. Status: Closed Recommended Order on Monday, August 9, 2004.

Summary: This case was remanded by the Florida Commission of Human Relations to determine damages. The parties stipulated to the damages and attorney`s fees. The recommendation was based upon the stipulation.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

TIMOTHY L. CAHILL, )

)

Petitioner, )

)

vs. ) Case No. 01-1689

)

K. S. L. FAIRWAYS GROUP, L.P., )

)

Respondent. )

)

RECOMMENDED ORDER

This case was remanded to the Division of Administrative

Hearings by the Florida Commission on Human Relations to conduct

further evidentiary hearings to determine the amounts of economic

damages suffered by the Petitioner. The matter was duly set for

hearing; however, before the hearing, the parties entered into a

stipulation regarding the facts.

APPEARANCES

For the Petitioner: John C. Barrett, Esquire

5 Calle Traviesa

Pensacola Beach, Florida 32561

For the Respondent: David S. Shankman, Esquire

215 W. Verne Street, Suite A

Tampa, Florida 33606-2320

STATEMENT OF THE ISSUE

What are the amounts of economic damages suffered by the

Petitioner, to include attorney's fees?

PRELIMINARY STATEMENT

This case was originally heard on February 5, 6, and 7,

2002, and the Recommended Order was forwarded to the Florida

Commission on Human Relations (FCHR or Commission) on April 30,

2002. The Commission entered its Final Order on March 20, 2003,

which remanded the matter to the Division of Administrative

Hearings if the parties were unable to mediate an agreement

regarding the damages. On June 3, 2004, the FCHR remanded the

case to the Division of Administrative Hearings.

On July 14, 2004, the case was set for hearing on August 3,

2004; however, before the hearing, the parties entered into a

stipulation regarding the factual matters which the hearing was

to consider. The parties stipulated that the Division of

Administrative Hearings may propose and recommend, and the

Commission may determine and enter, an ”Amended Final Order

Awarding Affirmative Relief from an Unlawful Employment Practice"

to include the precise remedy amounts, damages, attorney's fees,

and costs to date in the amounts to which the parties stipulated.

The parties agreed that by entering into their stipulation,

neither party is prejudiced in its right to file a notice of

appeal of any ”Amended Final Order Awarding Affirmative Relief

from an Unlawful Employment Practice" which the FCHR might

approve and enter of record. The following Findings of Fact is a

recitation of the stipulation of the parties.

FINDINGS OF FACT

1. The Division of Administrative Hearings may propose and

recommend, and the Florida Commission on Human Relations may

determine and enter, an “Amended Final Order Awarding Affirmative

Relief from an Unlawful Employment Practice” to include the

precise remedy amounts, damages, attorney’s fees, and costs to

date in the sums described below.

2. The parties agree that by entering into their

Stipulation, neither party is prejudiced in its right to file a

notice of appeal of any “Amended Final Order Awarding Affirmative

Relief from an Unlawful Employment Practice” which the Commission

may approve and enter of record.

3. Solely for the purpose of determining the precise remedy

amounts in this matter so that they may be incorporated in the

“Amended Final Order Awarding Affirmative Relief from an Unlawful

Employment Practice,” the parties agree as follow:

a. Back pay, benefits, and interest at the statutory

rate awardable in behalf of Petitioner pursuant to the

Findings of Fact and Recommendations of the Hearing Officer

and the February 20, 2003, “Final Order Awarding Affirmative

Relief,” total $77,118.47 from April 1996 through July 31,

2004.

b. Attorney’s fees and out of pocket costs reasonably

incurred by Petitioner total $38,000 through July 31, 2004.

4. In consideration of entering into the Stipulation, the

parties further agree:

a. Petitioner waives any claim to enhancement of

prevailing party’s attorney’s fees for work performed

through July 31, 2004, but it is acknowledged by the parties

that Petitioner may and does reserve the right to seek

enhanced prevailing party’s attorney’s fees for any

additional work performed after July 31, 2004, should there

be subsequent agency or judicial review appeal proceedings.

b. The Stipulation is solely intended to reflect the

parties’ agreement on the back pay, attorney’s fees, and

costs incurred by Petitioner to date and is not in prejudice

of any legal ground or claim Respondent may seek to raise or

argue in any subsequent judicial appeal proceedings

challenging the findings of fact or conclusions of law of

the Florida Commission on Human Relations.

5. The Stipulation shall be promptly submitted by the

parties to the Florida Division of Administrative Hearings and

the Florida Commission on Human Relations.

CONCLUSIONS OF LAW

The Division of Administrative Hearings has jurisdiction to

enter this Order pursuant to the remand of FCHR and the

stipulation of the parties.

RECOMMENDATION

That the FCHR enter its ”Amended Final Order Awarding

Affirmative Relief from an Unlawful Employment Practice" awarding

the Petitioner the amounts stipulated to by the parties.

DONE AND ENTERED this 9th day of August, 2004, in

Tallahassee, Leon County, Florida.

S

STEPHEN F. DEAN

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

[phone] SUNCOM 278-9675

Fax Filing [phone]

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 9th day of August, 2004.

COPIES FURNISHED :

John C. Barrett, Esquire

Five Calle Traviesa

Pensacola Beach, Florida 32561

David S. Shankman, Esquire

215 W. Verne Street, Suite A

Tampa, Florida 33606-2320

Denise Crawford, Agency Clerk

Florida Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

Cecil Howard, General Counsel

Florida Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions

to this Recommended Order should be filed with the agency that

will issue the final order in this case.