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15-001179 Paul Noel vs. C And S Wholesale Services, Inc.
 Status: Closed
Recommended Order on Tuesday, May 19, 2015.

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Summary: Petitioner failed to comply with Order entered by the Administrative Law Judge. Failure treated as a voluntary dismissal.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8PAUL NOEL,

10Petitioner,

11vs. Case No. 15 - 1179

17C AND S WHOLESALE SERVICES,

22INC.,

23Respondent.

24_______________________________/

25RECOMMENDED ORDER OF DISMISSAL

29This case came before th e undersigned for consideration of

39Respondent's Notice of Petitioner's Failure to Comply with Order

48and Motion for Sanctions (Motion) filed on May 6, 2015.

58Petitioner has not filed a response to the Motion.

67By way of background, on February 23, 2015, Pet itioner

77filed with the Florida Commission on Human Relations (FCHR) a

87Petition for Relief , alleging that Respondent subjected him to

96a hostile work environment and discriminated against him on the

106basis of his race. The matter was set for final hearing o n

119May 6, 2015.

122On April 7, 2015, Respondent noticed Petitioner for a

131video taped deposition on April 21, 2015. Petitioner failed to

141a ppear for the deposition , without providing adequate notice or

151making alternative arrangements. Respondent then filed a motion

159to compel him to appear for a deposition and to reschedul e the

172hearing to a later date. Because there was insufficient time to

183await a response before the hearing, b y Order dated April 23,

1952015, the final hearing was canceled, the motion to comp el was

207granted, and Petitioner was directed to appear at a deposition

217on May 6, 2015 . This was t he date on which the final hearing

232had been scheduled , and presumably one on which Petitioner would

242be available . The Order further provided that if Petitione r

253failed to appear at the deposition, the case would be referred

264back to the FCHR with a recommendation that the Petition for

275Relief be dismissed, with prejudice. Respondent then noticed a

284second videotaped deposition for May 6, 2015.

291With the Motion, R espondent has a ttached a certificate of

302non - appearance from the court reporter . The certificate states

313that Petitioner failed to appear at his deposition on May 6,

3242015 . Again, there is no evidence that he provided adequate

335notice to counsel prior to his non - attendance or ma de

347alternative arrangements. ( In fact, he has not filed a ny paper s

360since the case was referred to DOAH. ) Accor dingly, Petitioner

371has failed to comply with the Order.

378Commission panels have consistently concluded that a

385charging pa rty's failure to respond or otherwise comply with an

396order of an Administrative Law Judge amounts to a voluntary

406dismissal of the p etition for r elief. See, e.g. , Trayler v.

418Walt Disney Parks & Resorts U.S., Inc. , Case No. 13 - 4131 (Fla.

431DOAH Nov. 26, 2013; FCHR Feb. 19, 2014), and cases cited

442therein. Accordingly, d isposition of the case in this manner is

453appropriate. It is, therefore,

457RECOMMENDED that the Florida Commission on Human Relations

465enter a final order dismissing the Petition for Relief, with

475prejudice. Respondent's request for other sanctions in the form

484of attorney's fees and costs should be denied.

492DONE AND ORDERED this 19th day of May , 2015 , in

502Tallahassee, Leon County, Florida.

506S

507D. R. ALEXANDER

510Admini strative Law Judge

514Division of Administrative Hearings

518The DeSoto Building

5211230 Apalachee Parkway

524Tallahassee, Florida 32399 - 3060

529(850) 488 - 9675

533Fax Filing (850) 921 - 6847

539www.doah.state.fl.us

540Filed with the Clerk of the

546Division of Administrative Hearing s

551this 19th day of May , 2015 .

558COPIES FURNISHED:

560Paul Noel

562Post Office Box 683050

566Orlando, Florida 328 6 8 - 3050

573Lillian Chaves Moon, Esquire

577Jackson Lewis P.C.

580Suite 1285

582390 North Orange Avenue

586Orlando, Florida 32801 - 1674

591(eServed)

592Tammy Scott Bar ton, Agency Clerk

598Florida Commission on Human Relations

6034075 Esplanade Way , Room 110

608Tallahassee, Florida 32399 - 7020

613Cheyanne M. Costill a , General Counsel

619Florida Commission on Human Relations

6244075 Esplanade Way , Room 110

629Tallahassee, Florida 32399 - 7020

634NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

640All parties have the right to submit written exceptions within

65015 days of the date of this Recommended Order of Dismissal. Any

662exceptions to this Recommended Order of Dismissal should be

671filed with the agency that will render a final order in this

683matter.

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 07/31/2015
Proceedings: Agency Final Order
PDF:
Date: 07/31/2015
Proceedings: Agency Final Order Dismissing Petition for Relief from an Unlawful Employment Practice filed.
PDF:
Date: 05/19/2015
Proceedings: Recommended Order
PDF:
Date: 05/19/2015
Proceedings: Recommended Order of Dismissal. CASE CLOSED.
PDF:
Date: 05/06/2015
Proceedings: Respondent's Notice of Petitioner's Failure to Comply with Order and Motion for Sanctions filed.
PDF:
Date: 04/30/2015
Proceedings: Court Reporter Cancellation filed.
PDF:
Date: 04/23/2015
Proceedings: Second Notice of Taking Videotaped Deposition of Petitioner Paul Noel filed.
PDF:
Date: 04/23/2015
Proceedings: Order Granting Motion to Compel and Canceling Final Hearing.
PDF:
Date: 04/22/2015
Proceedings: Respondent's Motion to Compel Petitioner to Appear for Deposition filed.
PDF:
Date: 04/07/2015
Proceedings: Notice of Taking Videotaped Deposition of Petitioner Paul Noel filed.
PDF:
Date: 04/02/2015
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 (hearing set for May 6, 2015; 9:00 a.m.; Orlando, FL).
PDF:
Date: 03/27/2015
Proceedings: (Respondent's) Amended Response to Initial Order filed.
PDF:
Date: 03/18/2015
Proceedings: Order Granting Extension of Time.
PDF:
Date: 03/17/2015
Proceedings: (Respondent's) Response to Initial Order and Motion for Extension of Time filed.
PDF:
Date: 03/17/2015
Proceedings: Notice of Appearance (Lillian Moon) filed.
PDF:
Date: 03/06/2015
Proceedings: Initial Order.
Date: 03/05/2015
Proceedings: Charge of Discrimination filed.
PDF:
Date: 03/05/2015
Proceedings: Notice of Determination: No Cause filed.
PDF:
Date: 03/05/2015
Proceedings: Determination: No Cause filed.
PDF:
Date: 03/05/2015
Proceedings: Petition for Relief filed.
PDF:
Date: 03/05/2015
Proceedings: Transmittal of Petition filed by the Agency.

Case Information

Judge:
D. R. ALEXANDER
Date Filed:
03/05/2015
Date Assignment:
03/06/2015
Last Docket Entry:
07/31/2015
Location:
Orlando, Florida
District:
Middle
Agency:
ADOPTED IN TOTO
 

Counsels

Related Florida Statute(s) (1):