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Home » Cases Under Administrative Hearing » 15-000956

15-000956 Julie Mcdaniel vs. Forward Air, Inc.
 Status: Closed
Recommended Order on Friday, October 9, 2015.

View Dockets  
Summary: Petitioner, Julie McDaniel, submitted no evidence. Consequently, she did not prove her claim of discrimination in employment on account of race.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8JULIE MCDANIEL,

10Petitioner,

11vs. Case No. 15 - 0956

17FORWARD AIR, INC.,

20Respondent.

21_______________________________/

22RECOMMENDED ORDER

24Administrative Law Judge John D. C. Newton, II , of the

34Division of Administrative Hearings (Division) heard this case by

43video teleconference on July 9, 2015, at sites in Orlando and

54Tallahassee, Florida.

56APPEARANCES

57For Petitioner: Julie Ole McDaniel, pro se

64Unit 142

667508 Toscana Boulevard

69Orlando, Florida 32819

72For Respondent: John D. Buchanan, Jr., Esquire

79Henry, Buchanan, Hudson, Suber,

83and Carter, P.A.

86Post Office D rawer 14079

91Tallahassee, Florida 32302

94Robert Best Buchanan, Esquire

98Siboni and Buchanan

101Suite 300

1031900 Southeast 18th Avenue

107O cala, Florida 34471

111Michael Hance, General Counsel

115Forward Air Corporation

118Post Office Box 1058

122Greenville, Tennessee 37744

125STATEMENT OF THE ISSUE

129Did the Respondent, Forward Air, In c. (Forward Air),

138discriminate against Petitioner, Julie McDaniel, on account of

146her race?

148PRELIMINARY STATEMENT

150Ms. McDaniel filed a complaint with the Florida Commission

159on Human Relations (Commission) asserting that Forward Air

167terminated her because of her race. Forward Air denied the

177claim. Forward Air asserted that it eliminated Ms. McDanielÓs

186position, along with several similar positions, as part of a

196company - wide restr ucturi ng. The Commission determined there was

207no cause to conclude that Forwar d Air discriminated against

217Ms. McDaniel. Ms. McDaniel filed a Petition for Relief with the

228Commission alleging discrimination on account of race. The

236Commission referred the matter to the Division for conduct of a

247hearing.

248After two continuances, on Ma y 18, 2015, the case was

259scheduled for hearing to be held July 9, 2015. At 8:04 a.m. on

272July 9, 2015, Ms. McDaniel filed an Emergency Motion to

282Reschedule. The ground advanced for rescheduling was

289Ms. McDanielÓs inability to serve subpoenas on two emplo yees of

300Forward Air. The undersigned heard the motion at the start of

311the hearing, which was delayed due to Ms. McDanielÓs late

321arrival. Ms. McDaniel did not obtain the subpoenas or seek to

332have them served until July 1, 2015. She advised that they were

344returned as unable to serve on July 6, 2015. Forward AirÓs

355counsel were present at the Tallahassee and Orlando locations.

364The General Counsel for Forward Air traveled from Tennessee to

374attend. Forward AirÓs witnesses were also in attendance at the

384Orl ando location. They traveled from out of state to attend.

395The undersigned denied the Motion to Reschedule.

402Ms. McDaniel offered E xhibits 1 and 2. Exhibit 1 was a

414video recording of an iPhone being used to place a call with

426someone working through a phon e answering system with it.

436Exhibit 2 was a spreadsheet. There was no testimony about how

447either exhibit was created or what they purported to show.

457Forward Air objected to both exhibits. The objections were

466sustained. The exhibits were not admitted. The Clerk should

475keep the proposed exhibits with the record in case the denial of

487admission becomes an issue in subsequent proceedings.

494Ms. McDaniel did not offer testimony from any witnesses.

503She also declined to testify.

508Forward Air did not offer testi mony or exhibits. The time

519period during which the parties could submit proposed recommended

528orders was extended to 20 days. Forward Air timely filed a

539proposed recommended order. Ms. McDaniel did not submit a

548proposed recommended order.

551FINDING S OF FAC T

556There is no evidence. Therefore there can be no findings of

567fact.

568CONCLUSIONS OF LAW

5711. The Division of Administrative Hearings has jurisdiction

579over the subject matter of this proceeding and of the parties.

590§§ 120.569 and 120.57(1), Fla. Stat. (2015) .

5982. Ms. McDaniel must prove her claim that Forward Air

608discriminated against her by a preponderance of the evidence.

617DepÓt of Banking & Fin. v. Osborne Stern & Co., Inc. , 670 So. 2d

631932 (Fla. 1996); City of Hollywood v. Hogan , 986 So. 2d 634, 642

644(Fla. 4th DCA 2008), reh. denied , City of Hollywood v. Hogan ,

655Case No. 4D07 392 (Fla. Dist. Ct. App. 4th Dist. Aug. 21, 2008).

6683. Ms. McDaniel did not prove her claim of discrimination.

678RECOMMENDATION

679Based on the foregoing , it is RECOMMENDED that the Florida

689C ommission on Human Relations deny Julie McDanielÓs Petition for

699Relief.

700DONE AND ENTERED this 9th day of October , 2015, in

710T allahassee, Leon County, Florida.

715S

716JOHN D. C. NEWTON, II

721Administrative Law Judge

724Division of A dministrative Hearings

729The DeSoto Building

7321230 Apalachee Parkway

735Tallahassee, Florida 32399 - 3060

740(850) 488 - 9675

744Fax Filing (850) 921 - 6847

750www.doah.state.fl.us

751Filed with the Clerk of the

757Division of Administrative Hearings

761this 9th day of October , 2015 .

768COPIES FURNISHED:

770Tammy S. Barton, Agency Clerk

775Florida Commission on Human Relations

780Room 110

7824075 Esplanade Way

785Tallahassee, Florida 32399

788(eServed)

789Julie Ole McDaniel

792Unit 142

7947508 Toscana Boulevard

797Orlando, Florida 32819

800(eServed)

801John D. Bucha nan, Jr., Esquire

807Henry, Buchanan, Hudson, Suber,

811and Carter, P.A.

814Post Office Drawer 14079

818Tallahassee, Florida 32302

821(eServed)

822Robert Best Buchanan, Esquire

826Siboni and Buchanan

829Suite 300

8311900 Southeast 18th Avenue

835Ocala, Florida 34471

838(eServed)

839Michael Hance, General Counsel

843Forward Air Corporation

846Post Office Box 1058

850Greenville, Tennessee 37744

853Cheyanne Costilla, General Counsel

857Florida Commission on Human Relation s

8634075 Esplanade Way, Room 110

868Tallahassee, Florida 32399

871(eServed)

872NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

878All parties have the right to submit written exceptions within

88815 days from the date of this Recommended Order. Any exceptions

899to this Recommended Order should be filed with the agency that

910will issue the Final Order in this case.

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 12/16/2015
Proceedings: Agency Final Order
PDF:
Date: 12/16/2015
Proceedings: Agency Final Order Dismissing Petition for Relief from an Unlawful Employment Practice filed.
PDF:
Date: 11/03/2015
Proceedings: Transmittal letter from Claudia Llado forwarding Respondent's Exhibits not offered into evidence.
PDF:
Date: 10/09/2015
Proceedings: Recommended Order
PDF:
Date: 10/09/2015
Proceedings: Recommended Order (hearing held July 9, 2015). CASE CLOSED.
PDF:
Date: 10/09/2015
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 09/09/2015
Proceedings: Proposed Recommended Order and Conclusions of Law by Respondent, Forward Air, Inc., filed.
PDF:
Date: 07/13/2015
Proceedings: Return of Service (Chris Leach) filed.
PDF:
Date: 07/13/2015
Proceedings: Return of Service (Rishi Ramjit) filed.
PDF:
Date: 07/10/2015
Proceedings: Post-hearing Order.
PDF:
Date: 07/09/2015
Proceedings: Notice of Ex-parte Communication.
PDF:
Date: 07/09/2015
Proceedings: Emergency Motion to Reschedule filed.
PDF:
Date: 07/06/2015
Proceedings: Letter to Judge Newton from Julie McDaniel enclosing case documents (no enclosures) filed.
PDF:
Date: 07/02/2015
Proceedings: Notice of Ex-parte Communication.
PDF:
Date: 07/01/2015
Proceedings: Petitioner's Witness and Exhibit List filed.
PDF:
Date: 07/01/2015
Proceedings: Letter to Judge Newton from Julie McDaniel enclosing (Proposed Exhibits; not available for viewing) filed.
PDF:
Date: 07/01/2015
Proceedings: Pre-Hearing Order.
PDF:
Date: 06/30/2015
Proceedings: Notice of Filing Respondent's Witness and (Proposed) Exhibit List filed.
PDF:
Date: 06/30/2015
Proceedings: Respondent's Witness and (Proposed) Exhibit List filed.
PDF:
Date: 06/26/2015
Proceedings: Amended Court Reporter Request filed.
PDF:
Date: 06/24/2015
Proceedings: Amended Notice of Hearing by Video Teleconference (hearing set for July 9, 2015; 9:30 a.m.; Orlando and Tallahassee, FL; amended as to change to video, location and time).
PDF:
Date: 06/23/2015
Proceedings: Notice of Telephonic Pre-hearing Conference (set for June 30, 2015; 3:00 p.m.).
PDF:
Date: 06/18/2015
Proceedings: Respondent's Motion in Limine filed.
PDF:
Date: 05/19/2015
Proceedings: Court Reporter Request filed.
PDF:
Date: 05/18/2015
Proceedings: Order Granting Continuance and Re-scheduling Hearing (hearing set for July 9, 2015; 9:00 a.m.; Orlando, FL).
PDF:
Date: 05/15/2015
Proceedings: (Respondent's) Amended Notice of Unavailability filed.
PDF:
Date: 05/15/2015
Proceedings: (Respondent's) Notice of Unavailability filed.
PDF:
Date: 05/15/2015
Proceedings: (Respondent's) Motion to Reschedule Hearing filed.
PDF:
Date: 05/05/2015
Proceedings: Respondent's Amended Notice of Taking Deposition Duces Tecum of Petitioner Julie McDaniel (as to date only) filed.
PDF:
Date: 05/05/2015
Proceedings: Verification Page filed.
PDF:
Date: 04/27/2015
Proceedings: Petitioner's Initial Rebutal filed.
PDF:
Date: 04/27/2015
Proceedings: Petitioner's Exhibits filed.
PDF:
Date: 04/23/2015
Proceedings: Respondent's Notice of Taking Deposition Duces Tecum of Petitioner Julie McDaniel filed.
PDF:
Date: 04/09/2015
Proceedings: Respondent's Notice of Service of First Request to Produce to Petitioner filed.
PDF:
Date: 04/09/2015
Proceedings: Respondent's Notice of Service of First Interrogatories to Petitioner filed.
PDF:
Date: 04/06/2015
Proceedings: Court Reporter Rescheduled filed.
PDF:
Date: 04/03/2015
Proceedings: Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for June 18, 2015; 9:30 a.m.; Orlando, FL).
PDF:
Date: 04/02/2015
Proceedings: (Respondent's) Motion to Reschedule Hearing filed.
PDF:
Date: 04/01/2015
Proceedings: Court Reporter Requested filed.
PDF:
Date: 03/31/2015
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 03/31/2015
Proceedings: Notice of Hearing by Video Teleconference (hearing set for May 7, 2015; 9:30 a.m.; Orlando and Tallahassee, FL).
PDF:
Date: 03/23/2015
Proceedings: Letter from Julie McDaniel regarding self repesentation filed.
PDF:
Date: 03/06/2015
Proceedings: Notice of Late Entry of Counsel for Respondent, Forward Air, Inc. filed.
PDF:
Date: 03/06/2015
Proceedings: Notice of Appearance (John Buchanan, Jr. and Robert Buchanan) filed.
PDF:
Date: 03/06/2015
Proceedings: Notice of Appearance (John Buchanan, Jr.) filed.
PDF:
Date: 03/06/2015
Proceedings: Order for Petitioner to Declare Representation.
PDF:
Date: 03/06/2015
Proceedings: Notice of Ex-parte Communication.
PDF:
Date: 02/25/2015
Proceedings: E-mail Correspondence from Cara Wormouth to Tammy Barton informing of non-representation for Petitioner filed.
PDF:
Date: 02/20/2015
Proceedings: Initial Order.
Date: 02/19/2015
Proceedings: Charge of Discrimination filed.
PDF:
Date: 02/19/2015
Proceedings: Notice of Determination: No Cause filed.
PDF:
Date: 02/19/2015
Proceedings: Determination: No Cause filed.
PDF:
Date: 02/19/2015
Proceedings: Petition for Relief filed.
PDF:
Date: 02/19/2015
Proceedings: Transmittal of Petition filed by the Agency.

Case Information

Judge:
JOHN D. C. NEWTON, II
Date Filed:
02/19/2015
Date Assignment:
02/20/2015
Last Docket Entry:
12/16/2015
Location:
Ortona, Florida
District:
Middle
Agency:
ADOPTED IN TOTO
 

Counsels

Related Florida Statute(s) (4):