07-003087 Dawn M. Shook vs. Riverside National Bank Status: Closed Recommended Order on Wednesday, March 19, 2008.

Summary: Petitioner failed to appear and present evidence; therefore, dismissal is appropriate.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DAWN SHOOK, )

)

Petitioner, )

)

vs. ) Case No. 07-3087

)

RIVERSIDE NATIONAL BANK, )

)

Respondent. )

)

RECOMMENDED ORDER OF DISMISSAL

On February 19, 2008, the Respondent, Riverside National

Bank (Respondent), filed an Emergency Motion to Dismiss. That

motion was denied by Order entered on February 21, 2008, but the

Respondent was granted leave to renew the motion at hearing. The

hearing in this cause was scheduled for February 27, 2008, in

Fort Pierce, Florida. Written notice of the hearing was provided

to the parties and telephone reminders (in an effort to confirm

their attendance) were extended by telephone. Nevertheless, the

Petitioner, Dawn M. Shook, did not appear for the hearing.

No evidence was presented on the Petitioner's behalf.

Further, having reviewed the record in this cause, it is

concluded that the Petitioner has not complied with previous

orders entered in this matter. Specifically, the Petitioner did

not timely respond to discovery requests. In fact, on

September 24, 2007, the Requests for Admission filed by the

Respondent were deemed admitted. Further, while the Petitioner

did not attempt to offer evidence into the record, had she done

so, the Respondent may have sought to bar documentary evidence,

as information had not been timely produced to the Respondent as

directed by Orders to Show Cause entered in this cause. Also, it

appears the Petitioner did not comply with the Order of Pre-

Hearing Instruction entered on August 2, 2007. Finally, on March

17, 2008, the Petitioner filed a letter dated February 25, 2008,

that purports to voluntarily dismiss this case. By separate

Notice of Ex-Parte Communication, the document, together with its

attachments, has been provided to the Respondent and made a part

of the docket.

Having reviewed the matter fully, it is concluded that, as a

matter of law, the Florida Commission on Human Relations should

enter a Final Order dismissing this case.

APPEARANCES

For Petitioner: No Appearance

For Respondent: Elizabeth Coke, Esquire

Richeson & Coke, P.A.

Post Office Box 4048

Fort Pierce, Florida 34948

STATEMENT OF THE ISSUE

Whether the Petitioner's claim should be dismissed.

PRELIMINARY STATEMENT

On July 10, 2007, the Florida Commission on Human Relations

(Commission) forwarded a Petition for Relief from the Petitioner,

Dawn Shook, naming the Respondent, Riverside Bank, as the party

that had allegedly committed an unlawful employment practice.

The Commission's determination in this case had indicated "no

cause" for the claim.

The Petitioner's claim alleged that the Respondent had

unlawfully failed to hire the Petitioner due to her race, marital

status, sex, age, religion, and disability. The Respondent has

at all times denied the allegations of the complaint, timely

requested an evidentiary hearing to dispute the factual

allegations of the claim, and sought additional information from

the Petitioner to fully address the allegations.

CONCLUSIONS OF LAW

1. The Division of Administrative Hearings has

jurisdiction over the subject matter and the parties hereto

pursuant to Sections 120.569 and 120.57(1), Florida Statutes

(2007).

2. Section 760.11, Florida Statutes (2007), provides

administrative and civil remedies for alleged violations of

Chapter 760.

3. Specifically, Section 760.11(6), Florida Statutes

(2007), provides, in pertinent part:

(6) Any administrative hearing brought

pursuant to paragraph (4)(b) shall be

conducted under ss. 120.569 and 120.57. * * *

If the administrative law judge, after the

hearing, finds that a violation of the

Florida Civil Rights Act of 1992 has

occurred, the administrative law judge shall

issue an appropriate recommended order in

accordance with chapter 120 prohibiting the

practice and providing affirmative relief

from the effects of the practice, including

back pay. Within 90 days of the date the

recommended or proposed order is rendered,

the commission shall issue a final order by

adopting, rejecting, or modifying the

recommended order as provided under ss.

120.569 and 120.57. The 90-day period may

be extended with the consent of all the

parties. An administrative hearing pursuant

to paragraph (4)(b) must be requested no

later than 35 days after the date of

determination of reasonable cause by the

commission. In any action or proceeding

under this subsection, the commission, in

its discretion, may allow the prevailing

party a reasonable attorney's fee as part of

the costs. It is the intent of the

Legislature that this provision for

attorney's fees be interpreted in a manner

consistent with federal case law involving a

Title VII action.

4. In this case,the Petitioner presented no evidence to

support her claim. Additionally, as the Petitioner failed to

comply with the directives entered in this case, future claims

filed by this Petitioner should be considered in light of the

provisions of Section 120.595, Florida Statutes (2007), that

address proceedings when a party participates for an "improper

purpose."

RECOMMENDATION

Based on the foregoing, it is RECOMMENDED that the

Commission enter a Final Order dismissing this cause.

DONE AND ENTERED this 19th day of March, 2008, in

Tallahassee, Leon County, Florida.

___________________________________

J. D. PARRISH

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 19th day of March, 2008.

COPIES FURNISHED :

Cecil Howard, General Counsel

Florida Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

Denise Crawford, Agency Clerk

Florida Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

Elizabeth Coke, Esquire

Richeson & Coke, P.A.

Post Office Box 4048

Fort Pierce, Florida 34948

Dawn Shook

Post Office Box 341

Scottsmoor, Florida 32775

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.