07-003029 Catrina Soriano vs. Walmart Stores Status: Closed Recommended Order on Wednesday, October 3, 2007.

Summary: The failure to appear resulted in the dismissal of Petitioner`s handicap/national origin discrimination case.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CATRINA SORIANO , )

)

Petitioner, )

)

vs. ) Case No. 0 7 - 3029

)

WALMART , )

)

Respondent. )

)

RECOMMENDED ORDER

Upon due notice, a disputed - fact heari ng was held in this

case on October 1, 2007 , in Tallahassee , Florida, before

Ella Jane P. Davis, a duly - assigned Administrative Law Judge of

the Division of Administrative Hearings.

APPEARANCES

For Petitioner: No Appearance

For Respondent: Amy Harris on, Esquire

Lindsay A. Connor, Esquire

Ford & Harrison

225 Water Street, Suite 710

Jacksonville, Florida 32202

STATEMENT OF THE ISSUE

Whether Respondent Employer is guilty of an unlawful

employment practice against Petitioner Emp loyee.

PRELIMINARY STATEMENT

Because of the circumstances, those matter s normally

included in the Preliminary Statement will be included hereafter

in the Findings of Fact.

FINDINGS OF FACT

1. On or about November 17, 2006, Petition er filed an

Employment Complaint of Discrimination (form erly known as a

"Charge of Discrimination") on the basis of disability/handicap

and n ational o rigin with the Florida Commission on Human

Relations.

2. On June 15, 2007, the Commission entered a

Determination: No Cause.

3. On or about July 2, 2007, Petitioner filed a Petition

for Relief with the Commission.

4. On or about July 5, 2007, this case was referred by the

Commission to the Division of Administrative Hearings.

5. On July 18, 2007, a telephonic conference wa s held to

schedule a final dispute d - fact hearing date. The hearing date

agreed upon was October 1, 2007, and a Notice of Hearing and

Order of Pre - hearing Instructions issued on July 18, 2007 .

6. Neither party complied with the Order of Pre - hearing

Instr uctions.

7. At the time noticed for October 1, 2007, Respondent

appeared for hearing .

8. In the Joint Response to Initial Order , filed July 16,

2007, and in a subsequent Motion filed September 26, 2007,

Respondent referred to itself as "Wal - Mart Stores , East L.P.

( i ncorrectly referred - to in the caption as W al - Mart Stores) , "

but made no motion to correct the style of this cause .

Respondent acknowledged in its pleadings , and its counsel

acknowledged orally at hearing , that it was the appropriate

Responde nt in this cause, regardless of the case 's style.

9. After waiting 30 minutes, Petitioner still had not

appeared for hearing .

10. The undersigned made diligent inquiry to ensure that

Respondent had done nothing to discourage Petitioner from

appearing, and closed the hearing.

CONCLUSIONS OF LAW

11 . The Division of Administrative Hearings has

jurisdiction over the parties and subject matter of this cause,

pursuant to Sections 120.57(1), 120.569, and Chapter 760,

Florida Statutes.

12. Petitioner bears th e duty to go forward herein and the

burden of proof established in Department of Corrections v.

Chandler , 582 So. 2d 1183 (Fla. 1st DCA 1991); Texas Department

of Community Affairs v. Burdine , 450 U.S. 248 101 S. Ct. 1089,

67 L.Ed. 2d 207 (1981) ; and Hilbu rn v. Mur a ta Electronics North

America, Inc. , 181 F.3d 1220 (11th Cir. 1999).

13. Petitioner has not borne that burden because she did

not appear and put on any evidence.

RECOMMENDATION

Based on the foregoing Findings of Facts and Conclusions of

Law, it is

RECOMMENDED that the Florida Commission on Human Relations

enter a final order dismissing the Employment Complaint of

Discrimination and a Pe tition for Relief .

DONE AND ENTERED this 3rd day of October , 200 7 , in

Tallahassee, Leon County, Florida.

S

___ ________________________________

ELLA JANE P. DAVIS

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675 SUNCOM 278 - 9675

Fax Filing (850) 921 - 6847

www.doah .state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 3rd day of October , 200 7 .

COPIES FURNISHED:

Cecil Howard, General Counsel

Florida Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32 301

Denise Crawford, Agency Clerk

Florida Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

Amy Harrison, Esquire

Lindsay A. Connor, Esquire

Ford & Harrison

225 Water Street, Suite 710

Jacksonville, Florida 322 02

Catrina Soriano

1826 Nekoma Court

Tallahassee, Florida 32304

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 Or der should be filed with the agency that

will issue the final order in this case.