11-005473 Korey Redmond vs. The Hartford Fire Insurance Company Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Tuesday, March 13, 2012.

FCHR Order No. 12 - 025

Page 2

and in the manner provided in the Florida Rule s of Civil Procedure, including the imposition of

sanctions, except contempt.Ñ Section 120.569(2)(f), Florida Statutes (2011 ).

We note that, generally, Commission panels have concluded that a PetitionerÓs failure to

respond to orders of an Admin istrative Law Judge amounts to a voluntary dismissal of the

Petition for Relief. See, generally, Cawley v. Primrose Center, Inc. , FCHR Order No. 12 - 009

(February 21, 2012), Roundtree, et al. v. Advenir at Stonelake, LLC , FCHR Order No. 11 - 069

(August 30, 2011), Biggers v. Rooms To Go , FCHR Order No. 09 - 045 (May 12, 2009), Shook v.

Riverside National Bank , FCHR Order No. 08 - 029 (May 6, 2008), Clifton v. Krys, et al. , FCHR

Order No. 07 - 062 (November 7, 2007), Bordonaro v. The Green at the Heather Condominium

Association, Inc. , FCHR Order No. 07 - 010 (February 14, 2007), Butler v. The Pepsi Bottling

Group , FCHR Order No. 06 - 107 (December 4, 2006), Castellanos v. Express Net Airlines Pilots

Association , FCHR Order No. 05 - 061 (June 15, 2005), Mayfield v. KarlÓs H aberdashery of

Florida, Inc. , FCHR Order No. 04 - 020 (March 10, 2004), and Kenny v. Florida Department of

Corrections , FCHR Order No. 02 - 020 (June 3, 2002).

Based on the foregoing, w e adopt the Administrative Law JudgeÓs findings regarding

PetitionerÓs failure to co mply with discovery and failure to comply with the Order to Show Cause

and adopt t he Administrative Law JudgeÓs recommendation that the Petition for Relief be

dismissed .

With regard to the recommended award of attorneyÓ s fees and costs as a sanction for

failure to comply with discovery contained in the Administrative Law JudgeÓs Order , we

recognize the authority of the Administrative Law Judge to issue sanctions for failure to comply

with discovery requests, independent of the operation of the Florida Civil Rights Act of 1992,

and we conclude that the Commission does not have Ðfinal orderÑ authority over such an awa rd .

Accord, Haynes v. Putnam County School Board , FCHR Order No. 04 - 162 (December 23, 2004)

in which a Comm ission Panel stated, Ð[w]e note that failure to respond to discovery can be

sanctioned with an award of attorneyÓs fees. Section 120.569(2)(f), Florida Statutes (2003). But

this is within the purview of the Administrative Law Judge, pursuant to a separat e action over

which the Commission does not have Òfinal orderÓ authority. See, Harris v. ChildrenÓs Home

Society , FCHR Order No. 04 - 072 (June 25, 2004).Ñ See also, Strickland , supra.

Consequently, should the parties take issue with the Order Aw arding Respondent

AttorneysÓ Fees and Costs, issued by the Administrative Law Judge on April 10, 2012, that Order

is appealable to an appropriate District Court of Appeal.

Exceptions

Neither party filed exceptions to the Adminis trativ e Law JudgeÓs Recommended Order of

Dismissal and Order Granting Respondent AttorneyÓs Fees and Costs.

FCHR Order No. 12 - 025

Page 3

Dismissal

The Petition for Relief and Complaint of Discrimination are DISMISSED with prejudice.

The parties have the right to seek judicial review of this Order. The Commission and the

appropriate District Court of Appeal must receive notice of appeal within 30 days of the date this

Order is filed with the Clerk of the Commission. Expla nation of the right of appeal is found in

Section 120.68, Florida Statutes , and in the Florida Rules of Appellate Procedure 9.110.

DONE AND ORDERED this 16 th day of May , 2012 .

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Donna Elam , Panel Chairperson;

Commis sioner Lizzette Romano ; and

Commis sioner Billy Whitefox Stall

Filed this 16 th day of May , 2012 ,

in Tallahassee, Florida.

/s/

Violet Crawford, Clerk

Commission on H uman Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488 - 7082

NOTICE TO COMPLAINANT / PETITIONER

As your complaint was filed under Title VII of the Civil Rights Act of 1964, which is

enforced by the U.S. Equal Employment Opportunit y Commission (EEOC), you have the right to

request EEOC to review this CommissionÓs final agency action. To secure a Ðsubstantial weight

reviewÑ by EEOC, you must request it in writing within 15 days of your receipt of this Order.

Send your request to Mi ami District Office (EEOC), One Biscayne Tower, 2 South Biscayne

Blvd., Suite 2700, 27th Floor, Miami, FL 33131.

FCHR Order No. 12 - 025

Page 4

Copies furnished to:

Korey Redmond

1072 Eastbrook Avenue

Deltona, FL 32738

The Hartford Fire Insurance Co mpany

c/o Juan C. Lopez - Campillo , Esq.

Jackson Lewis , LLP

390 North Orange Avenue, Suite 1285

Orlando, FL 32801

Thomas P. Crapps , 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 16 th day of May , 2012 .

By: /s/

Clerk of the Commission

Florida Commission on Human Relations