eLaws | eCases | Florida State | Florida Courts | Counties & Cities of Florida | Code of Federal Regulations |
Home » Cases Under Administrative Hearing » 15-006118

15-006118 Roslyn Pearson vs. Lazydays Rv Holdings Corp.
 Status: Closed
Recommended Order on Monday, January 4, 2016.

View Dockets  
Summary: Petitioner failed to appear. Case dismissed.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8ROSLYN PEARSON,

10Petitioner,

11vs. Case No. 15 - 6118

17LAZYDAYS RV HOLDINGS CORP.,

21Respondent.

22_______________________________/

23RECOMMENDED ORDER OF DISMISSAL

27Pursuant to a Notice of Hearing dated November 17, 2015, an

38administrative hearing in this case was held on January 4, 2016,

49by video teleconference in Tampa and Tallahassee, Florida, before

58William F. Quattlebaum, Administrative Law Judge, Division of

66Administrative Hearings.

68On December 30, 2015, Roslyn Pearson (Petitioner) filed a

77letter indicating that she Ðcannot follow throughÑ with the

86scheduled hearing, but the letter did not specifically state that

96the PetitionerÓs request for hearing was withdrawn or request

105that the h earing be continued.

111The Notice of Hearing entered in this case specifically

120stated that a failure to appear could result in closure of the

132file without further proceedings. On January 4, 2016, the

141Petitioner failed to appear for the hearing, even after

150commencement of the hearing was delayed to allow for a late

161arriv al. Lazydays RV Holdings, Inc. (Respondent) , was

169represented at the hearing by legal counsel, and the RespondentÓs

179witnesses were present.

182The Petitioner has alleged that she was subjecte d to

192unlawful discrimination by the Respondent on the basis of race or

203by retaliation, in violation of chapter 760, Florida Statutes

212(2015) . The Petitioner has the burden of proving by a

223preponderance of the evidence that the Respondent committed an

232unlaw ful employment practice. Fla. DepÓt of Transp. v. J.W.C.

242Co. , 396 So. 2d 778 (Fla. 1st DCA 1981). The PetitionerÓs

253failure to appear precludes her from meeting the burden of proof

264in the case.

267Based on the foregoing, it is hereby recommended that the

277F lorida Commis sion on Human Relation enter a f inal o rder

290dismissing the Petition for Relief filed by the Petitioner in

300this case.

302DONE AND ENTERED this 4th day of January , 2016 , in

312Tallahassee, Leon County, Florida.

316S

317WI LLIAM F. QUATTLEBAUM

321Administrative Law Judge

324Division of Administrative Hearings

328The DeSoto Building

3311230 Apalachee Parkway

334Tallahassee, Florida 32399 - 3060

339(850) 488 - 9675

343Fax Filing (850) 921 - 6847

349www.doah.state.fl.us

350Filed with the Clerk of the

356Division of Administrative Hearings

360this 4th day of January, 2016 .

367COPIES FURNISHED:

369Tammy S. Barton, Agency Clerk

374Florida Commission on Human Relations

3794075 Esplanade Way, Room 110

384Tallahassee, Florida 32399

387(eServed)

388Roslyn Pearson

3908003 Alpine Avenue

393Tampa, Florida 33619

396Richard C. McCrea, Esquire

400Greenberg Traurig, P.A.

403Suite 1900

405101 East Kennedy Boulevard

409Tampa, Florida 33602

412(eServed)

413Cheyanne Costilla, Gen eral Co unsel

419Florida Commission on Human Relations

4244075 Esplanade Way, Room 110

429Tallahassee, F lorida 32399

433(eServed)

434NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

440All parties have the right to submit written exceptions within

45015 days from the date of this Recommended Order. Any exceptions

461to this Recommended Order should be filed with the agency that

472will issue the Final Order in this case.

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 03/17/2016
Proceedings: Agency Final Order
PDF:
Date: 03/17/2016
Proceedings: Agency Final Order
PDF:
Date: 03/17/2016
Proceedings: Amended Agency Final Order Dismissing Petition for Relief from an Unlawful Employment Practice filed.
PDF:
Date: 03/17/2016
Proceedings: Agency Final Order Dismissing Petition for Relief from an Unlawful Employment Practice filed.
PDF:
Date: 01/04/2016
Proceedings: Recommended Order
PDF:
Date: 01/04/2016
Proceedings: Recommended Order of Dismissal (hearing held January 4, 2016). CASE CLOSED.
PDF:
Date: 01/04/2016
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
Date: 01/04/2016
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 01/04/2016
Proceedings: Pre-hearing Stipulation filed (exhibits not available for viewing).
PDF:
Date: 12/31/2015
Proceedings: Pre-hearing Stipulation filed.
PDF:
Date: 12/31/2015
Proceedings: Notice of Ex-parte Communication.
PDF:
Date: 12/30/2015
Proceedings: Letter from Roslyn Pearson regarding case filed.
PDF:
Date: 12/23/2015
Proceedings: Petition for Relief filed.
PDF:
Date: 11/30/2015
Proceedings: Court Reporter Request filed.
PDF:
Date: 11/17/2015
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 11/17/2015
Proceedings: Notice of Hearing by Video Teleconference (hearing set for January 4, 2016; 9:30 a.m.; Tampa and Tallahassee, FL).
PDF:
Date: 11/06/2015
Proceedings: Notice of Ex-parte Communication.
PDF:
Date: 11/04/2015
Proceedings: Letter to Judge Quattlebaum from Roslyn Pearson regarding issues concerning case; with attached Character Reference Letter filed.
PDF:
Date: 10/29/2015
Proceedings: Initial Order.
Date: 10/28/2015
Proceedings: Employment Charge of Discrimination filed.
PDF:
Date: 10/28/2015
Proceedings: Notice of Determination: No Reasonable Cause filed.
PDF:
Date: 10/28/2015
Proceedings: Determination: No Reasonable Cause filed.
PDF:
Date: 10/28/2015
Proceedings: Petition for Relief filed.
PDF:
Date: 10/28/2015
Proceedings: Transmittal of Petition filed by the Agency.

Case Information

Judge:
WILLIAM F. QUATTLEBAUM
Date Filed:
10/28/2015
Date Assignment:
10/29/2015
Last Docket Entry:
03/17/2016
Location:
Tampa, Florida
District:
Middle
Agency:
ADOPTED IN TOTO
 

Counsels

Related Florida Statute(s) (1):