10-001081F Cira Caiminti vs. The Furniture Enterprises, Llc, D/B/A Lane Home Furniture And The Leather Galleries, Inc. Status: Closed Recommended Order on Monday, April 26, 2010.

Summary: Respondent The Leather Galleries, Inc. owes Petitioner attorney's fees in the amount of $1,560.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CIRA CAIMINTI, )

)

Petitioner, )

)

vs. ) Case No. 10-1081F

)

THE FURNITURE ENTERPRISES, LLC, )

d/b/a LANE HOME FURNITURE AND )

THE LEATHER GALLERIES, INC., )

)

Respondent. )

)

RECOMMENDED ORDER

This cause came on for consideration of a Final Order

Awarding Affirmative Relief from an Unlawful Employment Practice

and Remanding Case to Administrative Law Judge for Issuance of

Recommended Order Regarding Amounts of Attorney's Fees and Costs

Owed Petitioner.

APPEARANCES

For Petitioner: David W. Glasser, Esquire

Glasser & Handel

116 Orange Avenue

Daytona Beach, Florida 32114

For Respondent: No Appearance

STATEMENT OF THE ISSUE

The issue relates to the amount of attorney's fees and costs owed Petitioner by Respondent The Leather Galleries, Inc.

PRELIMINARY STATEMENT

On February 26, 2010, the Florida Commission on Human

Relations (FCHR) entered a Final Order Awarding Affirmative

Relief from an Unlawful Employment Practice and Remanding Case

to Administrative Law Judge for Issuance of Recommended Order

Regarding Amounts of Attorney's Fees and Costs Owed Petitioner

by Respondent The Leather Galleries (Respondent) in Division of

Administrative Hearings (DOAH) Case No. 09-3961. The Florida

Commission on Human Relations referred the case to DOAH on

March 3, 2010. On March 3, 2010, DOAH issued a Notice that the

undersigned would consider the merits of this case.

On March 4, 2010, the undersigned issued an Initial Order

in the case now identified as DOAH Case No. 10-1081F. The

Initial Order required Petitioner Cira Caiminti (Petitioner) to

file an itemized claim for fees and costs and an affidavit of

counsel.

The Initial Order required Respondent to file a written

statement either admitting the reasonableness of the fees and

costs or stating the basis for disputing those amounts, together

with a supporting counter-affidavit.

The Initial Order specifically stated that Respondent's

failure to file a timely response might result in a finding that

Respondent does not contest Petitioner's claim and the issuance

of an order awarding attorney's fees and costs without further

notice. Petitioner filed her Statement for Attorney's Fees and

an Affidavit of Counsel for the Petitioner on March 15, 2010.

Respondent has not filed a response to the Initial Order.

FINDINGS OF FACT

1. Respondent has not challenged the reasonableness of the

attorney's fees as set forth in Petitioner's claim.

Petitioner's counsel spent a total of 10.40 hours preparing for

the hearing, attending the hearing, drafting and filing

Petitioner's Proposed Recommended Order, and preparing the

statement relating to fees and the supporting affidavit.

2. At $150 per hour, the fee for services performed by

Petitioner's counsel is $1,560. Petitioner is not claiming

reimbursement for costs.

3. An attorney's fee in the amount of $1,560 is reasonable

under the circumstances.

CONCLUSIONS OF LAW

4. The Division of Administrative Hearings has

jurisdiction over the subject and the parties to this proceeding

pursuant to Sections 120.569, 120.57(1), and 760.11, Florida

Statutes (2009), and the Final Order in FCHR Order No. 10-

022/DOAH Case No. 09-3961.

5. Petitioner seeks attorney's fees pursuant to Section

760.11(6), Florida Statutes (2009), which provides as follows in

relevant part:

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 Title VII action.

6. Petitioner was the prevailing party in FCHR Order No.

10-022/DOAH Case No. 09-3961. Respondent does not contest the

claim that Petitioner has incurred attorney's fees in the amount

of $1,560.

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 awarding Petitioner attorney's fees in the amount of

$1,560.

DONE AND ENTERED this 26th day of April, 2010, in

Tallahassee, Leon County, Florida.

S

SUZANNE F. HOOD

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

[phone]

Fax Filing [phone]

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 26th day of April, 2010.

COPIES FURNISHED :

David W. Glasser, Esquire

Glasser & Handel

116 Orange Avenue

Daytona Beach, Florida 32114

Dominic Persampiere

The Furniture Enterprises, LLC, d/b/a

Lane Home Furniture

485 Suncrest Court

Oviedo, Florida 32765

Denise Crawford, Agency Clerk

Florida Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

Larry Kranert, General Counsel

Florida Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

Derick Daniel, Executive Director

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.