12-004028 Serge Herard vs. Mastec, Inc. Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Thursday, February 7, 2013.

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

SERGE HERARD , EEOC Case No. NONE

Petitioner, FCHR C a s e No. 2012 - 01208

v. DOAH Case No. 12 - 4028

MASTEC, INC. , FCHR Order No. 13 - 034

Respondent.

__________________________________/

FINAL ORDER DISMISSING PETITION FOR

RE LIEF FROM A N UNLAWFUL EMPLOYMENT PRACTICE

This matter is before the Commission for consideration of th e Order Relinquishing

Jurisdiction , dated Februa ry 7 , 2013 , issued in the above - styled matter by Administ rat iv e Law

Judge Thomas P. Crapps .

Findings of Fact and Conclusions of Law

Judge Crapp s Ó order reflects that Petitioner failed to comply with an order of the

Administrative Law Judge. Sp ecifically, Judge Crapps issued a Second Order to Show Cause

directing Petitioner to provide a copy of the employment discrimination charge Petitioner alleged

was filed with the EEOC on March 2, 2012. The Sec ond Order to Show Cause directe d

Petitioner to make this filing by February 1, 2013. As of February 6, 2013, Petitioner had not

complied with the Second Order to Show Cause.

W e 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 fo regoing, we conclude that the Petition for Relief should be dismissed.

FCHR Order No. 13 - 034

Page 2

Exceptions

Neither of the parties filed exceptions to the Administrative Law JudgeÓ s Order

Relinquishing Jurisdiction .

Dismissal

The Petition for Relief and Complaint of Discrimination are D ISMISSED 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 Commissi on. Explanation of the right to appeal is found in

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

DONE AND ORDERED this 1 st day of May , 2013 .

FOR T HE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissi oner Gilbert M. Singer , Panel Chairperson;

Commissioner Onelia Fajardo - Garcia ; and

Commis sioner James Johns

Filed this 1 st day of May , 2013 ,

in Tallahassee, Florida.

/s/

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 1 00

Tallahassee, FL 32 301

(850) 488 - 7082

Copies furnished to:

Serge Herard

c/o Vana Renejuste, Esq.

c/o Michael Price, Esq.

Renejuste Law and Associates

3049 Cleveland Avenue, Suite 140

Fort Myer s, FL 33901

FCHR Order No. 13 - 034

Page 3

MasTec , Inc.

c/o Jessica Theresa Travers , Esq.

Littler Mendelson, PC

One Biscayne Tower, Suite 1500

2 South Biscayne Boulevard

Miami, FL 33131

Thomas P. Crapps , Administrative Law Judge, DOAH

James Mallue, Leg al Advisor for Commission Panel

I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed

addressees this 1 st day of May , 2013 .

By: /s/

Clerk of the Commission

Florida Commiss ion on Human Relations