17-005076 Jacob P. Miller vs. Xencom Facility Management, Llc
 Status: Closed
Recommended Order on Tuesday, May 15, 2018.


View Dockets  
Summary: Xencom discharged because the contract they were employed to work on was terminated. Petitioners were not discharged because of their sex or in retaliation for complaining about sexual harassment in the workplace.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8BERNARD BROOKS,

10MICHAEL HARRISON, MARK SMITHERS,

14CODY LUCAS, DAVID OKKER,

18MARVIN L. RAGLAND,

21JACOB P. MILLER, Case Nos. 17 - 5010

29KYLIE SMITHERS, AND FAITH 17 - 5066

36TAPPAN, 17 - 5068

4017 - 5070

43Petitioners, 17 - 5072

4717 - 5074

50vs. 17 - 5076

5417 - 5078

57XENCOM FACILITY MANAGEMENT, LLC, 17 - 5080

64Respondent.

65_______________________________/

66RECOMMENDED ORDER

68Adminis trative Law Judge John D. C. Newton, II , of the

79Division of Administrative Hearings (Division) conducted the

86final hearing in this matter on December 1, 2017, in Gainesville,

97Florida.

98APPEARANCES

99For Petitioner s : Robert W. Bauer, Esquire

107Law Office of Robert W. Bauer P.A.

114Suite 1B

1162610 Northwest 43rd Street

120Gainesville, Florida 32606

123For Respondent: Robert E. Luxen, Esquire

129Hallet & Perrin

132Suite 2400

1341445 Ross Avenue

137Dallas, Texas 75202

140STATEMENT OF THE ISSUE

144Whether Respondent, Xencom Facility Management, LLC

150(Xencom) , terminated the employment of Petitioners solely because

158the contract under which they were working ended.

166PRELIMINARY STATEMENT

168Michael Harrison, Mark Smithers, Cody Lucas, David Okker,

176Marvin L. Ragland, Jacob P. Miller, Kylie Smithers, Faith Tappan,

186and Bernard Brooks filed charges of discrimination with the

195Florida Commission on Human Relati ons (Commission) against

203The MG Herring Group, Inc. (MG Herring) , and Xencom Facility

213Management, LLC, under the Florida Civil Rights Act of 1992,

223chapter 760, Florida Statutes (2016). 1/ Mark Smithers alleged

232that MG Herring discriminated against him in employment on

241account of his sex by harassing him and retaliated against him

252for complaining. Michael Harrison alleged that MG Herring

260discriminated against him in employment on account of his sex by

271harassing him and retaliated against him for complainin g. The

281other seven Petitioners alleged that MG Herring retaliated

289against them because they had opposed a practice that was

299unlawful under section 760.10. All Petitioners asserted that MG

308Herring was their employer by virtue of a joint employer

318relations hip with Xencom.

322The same nine Petitioners filed charges of discrimination by

331discharge from employment against Xencom under the Florida Civil

340Rights Act of 1992 with the Commission. Mr. Harrison claimed

350Xencom discriminated against him on account of his sex and

360retaliated against him for complaining. Mr. Smithers claimed

368that Xencom discriminated against him on account of his sex and

379retaliated against him for complaining. All Petitioners claimed

387that Xencom retaliated against them for opposing an unlaw ful

397employment practice.

399In each case, the Commission issued a ÐDetermination: No

408Reasonable Cause.Ñ The Commission concluded that MG Herring did

417not employ Petitioners. The Commission also concluded that

425Xencom terminated PetitionersÓ employment becaus e it lost the

434contract under which Petitioners were working, not for the

443reasons charged. All nine Petitioners filed a Petition for

452Relief challenging the CommissionÓs determination. The

458Commission transmitted the cases to the Division to conduct a

468final hearing and issue a recommended order.

475The claims against Xencom were consolidated under DOAH Case

484No. 17 - 5010. The claims against MG Herring were consolidated

495under DOAH Case No. 17 - 5067. For purposes of discovery and final

508hearing, the consolidated cases traveled together. The

515undersigned bifurcated the issues of the cases. Whether MG

524Herring was PetitionersÓ employer and whether Xencom unlawfully

532terminated PetitionersÓ employment were separated from the issues

540of whether MG Herring and Xencom com mitted the unlawful actions

551alleged. The issues of whether MG Herring was PetitionersÓ

560employer and why Xencom discharged Petitioners were heard first.

569All evidence admitted at the final hearing was accepted and

579considered in each case.

583At the final hear ing, Petitioners presented testimony from

592Norine Bowen, Michael Harrison, Kylie Smithers, and Tina Wilson.

601PetitionersÓ Exhibits 3 and 17 were admitted into evidence.

610MG Herring presented the testimony of Norine Bowen and Tina

620Wilson. MG Herring Exhibi ts 1 through 3, 8, 9 through 17, 41,

63359, 61, and 63 were admitted. Xencom presented testimony from

643Michael Ponds. Xencom Exhibits 1 through 32 were admitted.

652After the hearing, the parties ordered a transcript of the

662proceedings. It was filed January 10 , 2018. The parties timely

672filed proposed recommended orders. They have been considered in

681the preparation of this Recommended Order.

687FINDING S OF FACT

6911. Xencom provides general maintenance, landscaping,

697housekeeping, and office cleaning services to ret ail facilities.

706In September of 2015, Xencom entered three contracts for services

716with CREFII Market Street Holdings, LLC (CREFII). The contracts

725were to provide maintenance, landscaping, and office cleaning

733services for a mall known as Market Street @ H eathbrook (Market

745Street) in Ocala, Florida.

7492. Michael Ponds, XencomÓs president, executed the

756contracts on behalf of Xencom. Two individuals executed the

765contracts on behalf of CREFII. One was Gar Herring, identified

775as m anager for Herring Ocala, LL C. The other was Ber nard E.

789McAuley, identified as m anager of Tricom Market Street at

799Heathbrook, LLC. MG Herring was not a party or signatory to the

811contracts. MG Herring does not own or operate Market Street.

821A separate entity, The MG Herring Proper ty Group, LLC (Property

832Group) , operated Market Street.

8363. The contracts, in terms stated in an exhibit to them,

847established a fixed price for the yearÓs work, stated the scope

858of services, and detailed payment terms. They also identified

867labor and labor - related costs in detail that included identifying

878the Xencom employees involved, their compensation, and their

886weekly number of hours. The contract exhibits also identified

895operating costs, including equipment amortization, equipment

901repairs, fuel expens es, vacation costs, health insurance, and

910storage costs. The contracts ended December 31, 2016.

9184. The contracts specify that Xencom is an independent

927contractor. Each states: ÐContractor is an independent

934contractor and not an employee or agent of the owner.

944Accordingly, neither Contractor nor any of ContractorÓs

951Representatives shall hold themselves out as, or claim to be

961acting in the capacity of, an agent or employee of Owner.Ñ

9725. The contracts also specify that the property manager may

982terminate the contract at any time without reason for its

992convenience. The contracts permit Xencom to engage

999subcontractors with advance approval of the property manager.

1007They broadly describe the services that Xencom is to provide.

1017Xencom has over 80 such contra cts with different facilities.

10276. As the contracts contemplate, only Xencom exerted direct

1036control of the Petitioners working at Market Street. Property

1045Group could identify tasks and repairs to be done. Xencom

1055decided who would do them and how.

10627. I n 2013, Xencom hired Michael Harrison to work as its

1074Operations Manager at Market Street. He was charged with

1083providing services for which Property Group contracted. His

1091immediate supervisor was XencomÓs Regional Manager. In 2016,

1099that was David Snell. Mr. Snell was not located at Market

1110Street. Property Group also did not have a representative on

1120site. Before Xencom hired him, Mr. Harrison worked at Market

1130Street for Property Group.

11348. Xencom hired the remaining Petitioners to work at Market

1144Street under Mr. HarrisonÓs supervision. Each of the Petitioners

1153completed an Application for Employment with Xencom. The

1161application included a statement, initialed by each Petitioner,

1169stating, ÐFurther, I understand and agree that my employment is

1179for no def inite period and I may be terminated at any time

1192without previous notice.Ñ All of the Petitioners also received

1201XencomÓs employee handbook.

12049. As XencomÓs Operations Manager and supervisor of the

1213other Petitioners, Mr. Harrison was responsible for day - to - day

1225management of Petitioners. He scheduled their work tasks,

1233controlled shifts, established work hours, and assigned tasks.

124110. Mr. Harrison also decided when Petitioners took

1249vacations and time off. His supervisor expected him to consult

1259with Propert y Group to ensure it knew what support would be

1271available and that he knew of any upcoming events or other

1282considerations that should be taken into account in his

1291decisions. As Operations Manager, Mr. Harrison was also

1299responsible for facilitating payroll , procuring supplies, and

1306managing XencomÓs equipment at the site.

131211. Xencom provided Petitioners work uniforms that bore

1320XencomÓs name. Xencom required Petitioners to wear the uniforms

1329at work. Xencom provided the supplies and equipment that

1338Petitio ners used at work.

134312. Only Xencom had authority to hire or fire the employees

1354providing services to fulfill its contracts with the property

1363manager. Only Xencom had authority to modify PetitionersÓ

1371conditions of employment. Neither MG Herring, Property Group,

1379nor Xencom held out Petitioners as employees of MG Herring or

1390Property Group.

139213. There is no evidence that MG Herring or Property Group

1403employed 15 or more people.

140814. Property Group hired Tina Wilson as Market StreetÓs on -

1419site General Manager on February 1, 2016. Until then there was

1430no Property Group representative at the site. The absence of a

1441Property Group representative on - site left Mr. Harrison with

1451little oversight or accountability under the Xencom contracts for

1460Market Street. His pr imary Property Group contact was General

1470Manager Norine Bowen, who was not located at the property.

148015. Ms. WilsonÓs duties included community relations,

1487public relations, marketing, leasing, litigation, tenant

1493coordination, lease management, constructio n management, and

1500contract management. She managed approximately 40 contracts at

1508Market Street, including XencomÓs three service agreements.

1515Ms. Wilson was responsible for making sure the contracts were

1525properly executed. Managing the Xencom contracts consumed less

1533than 50 percent of Ms. WilsonÓs time.

154016. During the last weeks of 2016, Mr. Harrison intended to

1551reduce the hours of Kylie Smithers. Ms. Wilson requested that,

1561since Ms. Smithers was to be paid under the contract for full -

1574time work, Ms. S mithers assist her with office work such as

1586filing and making calls. Mr. Harrison agreed and scheduled

1595Ms. Smithers to do the work. This arrangement was limited and

1606temporary. It does not indicate Property Group control over

1615Xencom employees.

161717. Ms. Wilson was XencomÓs point of contact with Property

1627Group. She and Mr. Harrison had to interact frequently.

1636Ms. Wilson had limited contact with the other Xencom employees at

1647Market Street.

164918. Friction and disagreements arose quickly between

1656Mr. Harris on and Ms. Wilson. They may have been caused by having

1669a property manager representative on - site after Mr. HarrisonÓs

1679years as either the manager representative himself or as Xencom

1689supervisor without a property manager on - site. They may have

1700been caused by personality differences between the two. They may

1710have been caused by the alleged sexual and crude comments that

1721underlie the claims of discrimination in employment. They may

1730have been caused by a combination of the three factors.

174019. On November 21 , 2016, Norine Bowen received an email

1750from the address xencomempoyees@gmail.com with the subject of

1758ÐOpen your eyes about Market Street.Ñ It advised that some

1768employees worked at night for an event. It said that Ms. Wilson

1780gave the Xencom employees alco hol to drink while they were still

1792on the clock. The email said that there was a fight among Xencom

1805employees. The email also said that at another event at a

1816restaurant where Xencom employees were drinking, Ms. Wilson gave

1825Ms. Smithers margaritas to drin k and that Ms. Smithers was

1836underage.

183720. The email claimed that during a tree - lighting event

1848Ms. Wilson started drinking around 3:30 p.m. It also stated that

1859Ms. Wilson offered a Xencom employee a drink. The email went on

1871to say that children from a n elementary school and their parents

1883were present and that Ms. Wilson was Ðthree sheets to the wind.Ñ

1895The email concludes stating that Ms. Wilson had been the subject

1906of three employee lawsuits.

191021. On December 14, 2016, Ms. Wilson, Ms. Bowen, and

1920Mr. Snell met at Property GroupÓs office in Market Street for

1931their regular monthly meeting to discuss operations at Market

1940Street. Their discussion covered a number of management issues

1949including a Xencom employeeÓs failure to show up before 8:00 to

1960clean as arranged, security cameras, tenants who had not paid

1970rent, lease questions, HVAC questions, and rats on the roof.

1980They also discussed the emailÓs allegations. The participants

1988also discussed a number of dissatisfactions with Mr. HarrisonÓs

1997performance.

199822. Near the end of a discussion about the anonymous email,

2009this exchange occurred: 2/

2013Bowen: Okay, so I know that David [Snell], I

2022think his next step is to conduct his own

2031investigation with his [Xencom] people, and

2037HR is still following up with John Ga rrett,

2046and youÓre meeting with Danny [intended new

2053Xencom manager for Market Street] tonight?

2059David Snell: Yes.

2062Bowen: To finish up paperwork, and, based on

2070his investigation, it will be up to Xencom to

2079figure out what to do with people that are

2088drinki ng on property, off the clock or on the

2098clock, you know, whatever, what their policy

2105is.

2106* * *

2109Bowen: So, I donÓt know what to make of it.

2119IÓm just here to do an investigation like IÓm

2128supposed to do and David is here to pick up

2138the pieces and meet with his folks one - on -

2149one, and weÓll see where this takes us.

215723. This exchange and the remainder of the recording do not

2168support a finding that Property Group controlled XencomÓs actions

2177or attempted to control them. The participants were responsibly

2186discu ssing a serious complaint they had received, their plan to

2197investigate it, and pre - existing issues with Mr. Harrison. The

2208exchange also makes clear that all agreed the issues involving

2218Xencom employees were for Xencom to address, and the issues

2228involving Property Group employees were for Property Group to

2237address.

223824. At the time of the December 14, 2016, meeting, the

2249participants were not aware of any complaints from Mr. Harrison

2259or Mr. Smithers of sexual harassment or discrimination by

2268Ms. Wilson.

227025. On December 15, 2016, Gar Herring and Norine Bowen

2280received an email from Mr. Harrison with an attached letter to

2291XencomÓs Human Resources Manager and others. Affidavits from

2299Petitioners asserting various statements and questions by

2306Ms. Wilson about Mr. HarrisonÓs and Mr. SmithersÓ sex life and

2317menÓs genitalia and statements about her sex life and the

2327genitalia of men involved were attached. Xencom President

2335Michael Ponds received a similar email with attachments on the

2345same day. On December 21, 2016, Mr. Ponds received a letter from

2357Herring Ocala, LLC, and Tricom Market Street at Heathbrook, LLC,

2367terminating the service agreements. Their agreements with Xencom

2375were going to expire December 31, 2016. They had been

2385negotiating successor agreements. Ho wever, they had not executed

2394any.

239526. Xencom terminated PetitionersÓ employment on

2401December 21, 2016. Xencom no longer needed PetitionersÓ services

2410once MG Herring terminated the contract with Xencom. This was

2420the sole reason it terminated Petitioners.

2426CONCLUSIONS OF LAW

242927 . The Division of Administrative Hearings has

2437jurisdiction over the subject matter of this proceeding and of

2447the parties. §§ 120.569 and 120.57(1), Fla. Stat. (201 7 ).

245828. Petitioners seek relief from an unlawful employment

2466practice under section 760.10(1) and (7). These sections

2474prohibit an employer from discriminating against an employee on

2483account of sex and retaliating for an employee opposing an

2493unlawful employment practice.

249629. Mr. Harrison and Mr. Smithers argue that Xencom

2505terminated their employment because of their sex, pointing to the

2515allegations about Ms. WilsonÓs alleged comments and questions.

2523All Petitioners allege that Xencom terminated them in retaliation

2532for their complaints about Ms. WilsonÓs alleged comments an d

2542questions.

254330. Petitioners must prove t he i r claim s of discrimination

2555and retaliation by a preponderance of the evidence. DepÓt of

2565Banking & Fin. v. Osborne Stern & Co., Inc. , 670 So. 2d 932 (Fla.

25791996); City of Hollywood v. Hogan , 986 So. 2d 634, 642 ( Fla. 4th

2593DCA 2008 ) .

259731. What the reason is for an employeeÓs termination is a

2608factual matter. The opinion in Russell v. KSL Hotel Corp oration ,

2619887 So. 2d 372 (Fla. 3d DCA 2004) , illustrates this clearly.

2630Ms. Russell brought an action against her former employer, KSL

2640Hotel Corporation, for sexual harassment and retaliatory

2647discharge. The jury found for her on bo th claims and awarded

2659$1,516,00 in damages. The hotel filed a Motion for Judgment

2671Notwithstanding the Verdict or in the Alternative for New Tri al.

2682The trial court granted the motion.

268832. The Third District Court of Appeal reversed because the

2698record contained evidence that would support a factual

2706determination that the hotel harassed and retaliated against

2714Ms. Russell. The courtÓs discussio n of the retaliation claim

2724emphasized the presence of evidence that, reasonably interpreted,

2732showed a causal connection between her sexual harassment

2740complaint and her discharge. Both the occurrence of sexual

2749harassment and the reason for discharge were m atters of fact for

2761the jury.

276333. Here the weight of the persuasive, credible evidence

2772does not prove that Xencom terminated Petitioners in retaliation

2781or terminated Mr. Harrison and Mr. Smithers on account of their

2792sex. Xencom terminated Petitioners be cause the contract they

2801were hired to work on was terminated.

2808RECOMMENDATION

2809Based on the foregoing Findings of Fact and Conclusions of

2819Law, it is RECOMMENDED that the Florida Commission on Human

2829Relations issue a final o rder denying the petitions of all

2840Petitioners.

2841DONE AND ENTERED this 1 5 th day of May , 2018 , in Tallahassee,

2854Leon County, Florida.

2857S

2858JOHN D. C. NEWTON, II

2863Administrative Law Judge

2866Division of Administrative Hearings

2870The DeSoto Building

28731230 Apalachee Park way

2877Tallahassee, Florida 32399 - 3060

2882(850) 488 - 9675

2886Fax Filing (850) 921 - 6847

2892www.doah.state.fl.us

2893Filed with the Clerk of the

2899Division of Administrative Hearings

2903this 1 5 th day of May, 2018 .

2912ENDNOTE S

29141/ All citations to Florida Statutes are to the 201 6 codification

2926unless otherwise noted.

29292/ Mr. Harrison testified that he accidentally recorded the

2938meeting by leaving his recorder in the meeting room earlier in

2949the day. The recording was admitted over objection. When

2958Mr. Harrison initially disclosed the recording, he lied about how

2968it was created. This admitted willingness to lie affected the

2978credibility and persuasiveness of Mr. HarrisonÓs testimony.

2985COPIES FURNISHED:

2987Tammy S. Barton, Agency Clerk

2992Florida Commission on Human Relations

29974075 Espl anade Way , Room 110

3003Tallahassee, Florida 32399 - 7020

3008(eServed)

3009Robert W. Bauer, Esquire

3013Law Office of Robert W. Bauer P.A.

3020Suite 1B

30222610 Northwest 43rd Street

3026Gainesville, Florida 32606

3029(eServed)

3030Robert E. Luxen, Esquire

3034Hallet & Perrin

3037Suite 2400

30391445 R oss Avenue

3043Dallas, Texas 75202

3046(eServed)

3047Cheyanne Costilla, General Counsel

3051Florida Commission on Human Relations

3056Room 110

30584075 Esplanade Way

3061Tallahassee, Florida 32399 - 7020

3066(eServed)

3067NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

3073All parties have the right t o submit written exceptions within

308415 days from the date of this Recommended Order. Any exceptions

3095to this Recommended Order should be filed with the agency that

3106will issue the Final Order in this case.

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Proceedings
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Date: 07/20/2018
Proceedings: Petitioners' Exceptions to the Recommended Order (filed in Case No. 17-005066).
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Date: 07/20/2018
Proceedings: Petitioners' Exceptions to the Recommended Order filed.
PDF:
Date: 07/20/2018
Proceedings: Petitioners' Exceptions to the Recommended Order (filed in Case No. 17-005068).
PDF:
Date: 07/20/2018
Proceedings: Petitioners' Exceptions to the Recommended Order (filed in Case No. 17-005070).
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Date: 07/20/2018
Proceedings: Petitioners' Exceptions to the Recommended Order (filed in Case No. 17-005072).
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Date: 07/20/2018
Proceedings: Petitioners' Exceptions to the Recommended Order (filed in Case No. 17-005074).
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Date: 07/20/2018
Proceedings: Petitioners' Exceptions to the Recommended Order (filed in Case No. 17-005076).
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Date: 07/20/2018
Proceedings: Petitioners' Exceptions to the Recommended Order (filed in Case No. 17-005078).
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Date: 07/20/2018
Proceedings: Petitioners' Exceptions to the Recommended Order (filed in Case No. 17-005080).
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Date: 07/20/2018
Proceedings: Agency Final Order Dismissing Petitions for Relief from an Unlawful Employment Practice filed.
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Date: 07/20/2018
Proceedings: Agency Final Order Dismissing Petitions for Relief from an Unlawful Employment Practice filed.
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Date: 07/20/2018
Proceedings: Agency Final Order Dismissing Petitions for Relief from an Unlawful Employment Practice filed.
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Date: 07/20/2018
Proceedings: Agency Final Order Dismissing Petitions for Relief from an Unlawful Employment Practice filed.
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Date: 07/20/2018
Proceedings: Agency Final Order Dismissing Petitions for Relief from an Unlawful Employment Practice filed.
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Date: 07/20/2018
Proceedings: Agency Final Order Dismissing Petitions for Relief from an Unlawful Employment Practice filed.
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Date: 07/20/2018
Proceedings: Agency Final Order Dismissing Petitions for Relief from an Unlawful Employment Practice filed.
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Date: 07/20/2018
Proceedings: Agency Final Order Dismissing Petitions for Relief from an Unlawful Employment Practice filed.
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Date: 07/20/2018
Proceedings: Agency Final Order Dismissing Petitions for Relief from an Unlawful Employment Practice filed.
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Date: 07/19/2018
Proceedings: Agency Final Order
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Date: 07/19/2018
Proceedings: Agency Final Order
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Date: 07/19/2018
Proceedings: Agency Final Order
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Date: 07/19/2018
Proceedings: Agency Final Order
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Date: 07/19/2018
Proceedings: Agency Final Order
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Date: 07/19/2018
Proceedings: Agency Final Order
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Date: 07/19/2018
Proceedings: Agency Final Order
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Date: 07/19/2018
Proceedings: Agency Final Order
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Date: 07/19/2018
Proceedings: Agency Final Order
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Date: 07/19/2018
Proceedings: Agency Final Order
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Date: 07/19/2018
Proceedings: Respondent Xencom Facility Management's Response and Opposition to Petitioners' Exceptions to the Recommended Order filed.
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Date: 07/19/2018
Proceedings: Petitioners' Exceptions to the Recommended Order filed.
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Date: 07/19/2018
Proceedings: Agency Final Order Dismissing Petition for Relief from an Unlawful Employment Practice filed.
PDF:
Date: 05/29/2018
Proceedings: Transmittal letter from Claudia Llado forwarding Respondent's Exhibits, which were not admitted into evidence to Respondent.
PDF:
Date: 05/29/2018
Proceedings: Transmittal letter from Claudia Llado forwarding Petitioner's Exhibit numbered 16, which was not admitted into evidence to Petitioner.
PDF:
Date: 05/24/2018
Proceedings: Petitioners' Exceptions to the Recommended Order (filed in Case No. 17-005068).
PDF:
Date: 05/24/2018
Proceedings: Petitioners' Exceptions to the Recommended Order (filed in Case No. 17-005066).
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Date: 05/24/2018
Proceedings: Petitioners' Exceptions to the Recommended Order (filed in Case No. 17-005080).
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Date: 05/24/2018
Proceedings: Petitioners' Exceptions to the Recommended Order (filed in Case No. 17-005078).
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Date: 05/24/2018
Proceedings: Petitioners' Exceptions to the Recommended Order (filed in Case No. 17-005076).
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Date: 05/24/2018
Proceedings: Petitioners' Exceptions to the Recommended Order (filed in Case No. 17-005074).
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Date: 05/24/2018
Proceedings: Petitioners' Exceptions to the Recommended Order (filed in Case No. 17-005072).
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Date: 05/24/2018
Proceedings: Petitioners' Exceptions to the Recommended Order (filed in Case No. 17-005070).
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Date: 05/24/2018
Proceedings: Petitioners' Exceptions to the Recommended Order filed.
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Date: 05/15/2018
Proceedings: Recommended Order
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Date: 05/15/2018
Proceedings: Recommended Order (hearing held December 1, 2018). CASE CLOSED.
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Date: 05/15/2018
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 04/24/2018
Proceedings: Order Granting Amended Motion for Order of Clarification.
PDF:
Date: 04/24/2018
Proceedings: Amended Motion for Clarification filed.
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Date: 03/06/2018
Proceedings: Motion for Clarification filed.
PDF:
Date: 02/07/2018
Proceedings: Order Canceling Hearing.
PDF:
Date: 01/19/2018
Proceedings: Respondent Xencom Facility Management, LLC's Proposed Recommended Order filed.
PDF:
Date: 01/19/2018
Proceedings: Respondent Xencom Facility Management, LLC's Memorandum in Support of Xencom's Proposed Recommended Order filed.
PDF:
Date: 01/19/2018
Proceedings: (Proposed) Recommended Order filed.
PDF:
Date: 01/10/2018
Proceedings: Notice of Filing Transcript.
Date: 12/28/2017
Proceedings: Transcript of Proceedings (Vol. I and II; original Transcript filed in DOAH Case No. 17-5067; not available for viewing) filed.
PDF:
Date: 12/20/2017
Proceedings: Order Abating Discovery.
PDF:
Date: 12/14/2017
Proceedings: Respondent Xencom Facility Management, LLC's Answers to Petitioners' Requests for Admissions filed.
PDF:
Date: 12/05/2017
Proceedings: Post Hearing Order.
Date: 12/01/2017
Proceedings: CASE STATUS: Hearing Partially Held; continued to February 22, 2018; 09:00 a.m.; Gainesville, FL.
PDF:
Date: 11/30/2017
Proceedings: Exhibit C to Deposition Transcript of Michael Ponds filed by Petitioner.
PDF:
Date: 11/30/2017
Proceedings: Exhibit B to Deposition Transcript of Michael Ponds filed by Petitioner.
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Date: 11/30/2017
Proceedings: Exhibit A to Deposition Transcript of Michael Ponds filed by Petitioner.
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Date: 11/30/2017
Proceedings: Deposition Transcript of Michael Ponds (Petitioner's Exhibit 11) filed.
PDF:
Date: 11/30/2017
Proceedings: Notice of Filing (Petitioner's Exhibit 11) filed.
PDF:
Date: 11/29/2017
Proceedings: Court Reporter Request (filed in Case No. 17-005080).
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Date: 11/29/2017
Proceedings: Court Reporter Request (filed in Case No. 17-005078).
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Date: 11/29/2017
Proceedings: Court Reporter Request (filed in Case No. 17-005076).
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Date: 11/29/2017
Proceedings: Court Reporter Request (filed in Case No. 17-005074).
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Date: 11/29/2017
Proceedings: Court Reporter Request (filed in Case No. 17-005072).
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Date: 11/29/2017
Proceedings: Court Reporter Request (filed in Case No. 17-005070).
PDF:
Date: 11/29/2017
Proceedings: Court Reporter Request (filed in Case No. 17-005068).
PDF:
Date: 11/29/2017
Proceedings: Court Reporter Request (filed in Case No. 17-005066).
PDF:
Date: 11/29/2017
Proceedings: Court Reporter Request filed.
Date: 11/28/2017
Proceedings: CASE STATUS: Motion Hearing Held.
PDF:
Date: 11/28/2017
Proceedings: Notice of Telephonic Motion Hearing (motion hearing set for November 28, 2017; 3:00 p.m.).
PDF:
Date: 11/28/2017
Proceedings: Pre-hearing Stipulation filed.
PDF:
Date: 11/27/2017
Proceedings: (Amended) Notice of Hearing (hearing set for December 1, 2017 and February 22, and 23, 2018; 9:00 a.m.; Gainesville, FL; amended as to ).
PDF:
Date: 11/21/2017
Proceedings: Respondent Xencom Facility Management, LLC's First Request for Production filed.
PDF:
Date: 11/21/2017
Proceedings: Respondent Xencom Facility Management, LLC's Privilege Log filed.
PDF:
Date: 11/17/2017
Proceedings: Order on Respondent's Objections to Petitioner's First Request for Production.
PDF:
Date: 11/17/2017
Proceedings: Cross Notice of Taking Deposition filed.
Date: 11/16/2017
Proceedings: CASE STATUS: Motion Hearing Held.
Date: 11/16/2017
Proceedings: CASE STATUS: Motion Hearing Held.
PDF:
Date: 11/16/2017
Proceedings: Notice of Telephonic Motion Hearing (motion hearing set for November 16, 2017; 12:00 p.m.).
PDF:
Date: 11/14/2017
Proceedings: Respondent Xencom Facility Management, LLC's Objections and Responses to Petitioners' First Request for Production filed.
PDF:
Date: 11/14/2017
Proceedings: Amended Notice of Taking Deposition by Telephone filed.
PDF:
Date: 11/14/2017
Proceedings: Petitioner's Amended Notice of Taking Deposition by Telephone filed.
PDF:
Date: 11/14/2017
Proceedings: Petitioners' Requests for Admissions to Respondent Xencom Facility Management, LLC filed.
PDF:
Date: 11/13/2017
Proceedings: Petitioner's Notice of Taking Deposition by Telephone filed.
PDF:
Date: 11/09/2017
Proceedings: Cross Notice of Taking Deposition filed.
PDF:
Date: 11/06/2017
Proceedings: Cross Notice of Taking Deposition filed.
PDF:
Date: 11/02/2017
Proceedings: Cross Notice of Taking Deposition filed.
PDF:
Date: 10/24/2017
Proceedings: Amended Notice of Taking Deposition by Telephone filed.
PDF:
Date: 10/20/2017
Proceedings: Notice of Hearing (hearing set for December 1, 2017, 9:00 a.m.; Gainesville, FL).
PDF:
Date: 10/19/2017
Proceedings: The Petitioner's Amended Pre-hearing Disclosures filed.
PDF:
Date: 10/19/2017
Proceedings: Respondent Xencom Facility Management, LLC's First Request for Production to Petitioners filed.
PDF:
Date: 10/19/2017
Proceedings: Order Granting Continuance (cases are rescheduled for hearing on December 1, 2017, and February 22, and 23, 2018, and will be noticed by separate notices).
PDF:
Date: 10/18/2017
Proceedings: The Petitioners' Pre-hearing Disclosures filed.
PDF:
Date: 10/17/2017
Proceedings: Petitioners' First Request for Production to Respondent Xencom Facility Management, LLC filed.
Date: 10/13/2017
Proceedings: CASE STATUS: Motion Hearing Held.
PDF:
Date: 10/13/2017
Proceedings: Respondent Xencom Facility Management, LLC's Pre-hearing Disclosures filed.
PDF:
Date: 10/13/2017
Proceedings: Notice of Taking Deposition by Telephone filed.
PDF:
Date: 10/13/2017
Proceedings: Notice of Telephonic Motion Hearing (motion hearing set for October 13, 2017; 3:30 p.m.).
PDF:
Date: 10/13/2017
Proceedings: Order Accepting Qualified Representative.
PDF:
Date: 10/12/2017
Proceedings: Respondent's Motion for Continuance filed.
PDF:
Date: 10/12/2017
Proceedings: Respondent's Request to be Represented by a Qualified Representative filed.
PDF:
Date: 10/11/2017
Proceedings: Amended Notice of Hearing (hearing set for December 18 and 19, 2017; 9:00 a.m.; Gainesville, FL; amended as to Venue and Dates).
PDF:
Date: 10/10/2017
Proceedings: Amended Notice of Hearing (hearing set for December 18, and 19, 2017; 9:00 a.m.; Gainesville, FL; amended as to Venue).
PDF:
Date: 10/09/2017
Proceedings: Amended Notice of Hearing (hearing set for November 8, 2017; 9:00 a.m.; Gainesville, FL; amended as to Venue).
PDF:
Date: 10/04/2017
Proceedings: Notice of Hearing (hearing set for December 18 and 19, 2017; 9:00 a.m.; Gainesville, FL).
PDF:
Date: 10/03/2017
Proceedings: Case Management Order.
PDF:
Date: 10/03/2017
Proceedings: Notice of Hearing (hearing set for November 8, 2017; 9:00 a.m.; Gainesville, FL).
PDF:
Date: 10/02/2017
Proceedings: Order of Consolidation (DOAH Case Nos. 17-5010, 17-5066, 17-5068, 17-5070, 17-5072, 17-5074, 17-5076, 17-5078, and 17-5080)).
PDF:
Date: 09/28/2017
Proceedings: Amended Notice of Compliance filed.
PDF:
Date: 09/28/2017
Proceedings: Notice of Case Management Teleconference (case management teleconference set for October 2, 2017; 10:00 a.m.).
PDF:
Date: 09/26/2017
Proceedings: Respondent's Notice of Compliance with Initial Order filed.
PDF:
Date: 09/26/2017
Proceedings: (Petitioner) Notice of Compliance filed.
PDF:
Date: 09/18/2017
Proceedings: Initial Order.
PDF:
Date: 09/15/2017
Proceedings: Employment Charge of Discrimination filed.
PDF:
Date: 09/15/2017
Proceedings: Notice of Determination: No Reasonable Cause filed.
PDF:
Date: 09/15/2017
Proceedings: Determination: No Reasonable Cause filed.
PDF:
Date: 09/15/2017
Proceedings: Petition for Relief filed.
PDF:
Date: 09/15/2017
Proceedings: Transmittal of Petition filed by the Agency.

Case Information

Judge:
JOHN D. C. NEWTON, II
Date Filed:
09/15/2017
Date Assignment:
09/26/2017
Last Docket Entry:
07/20/2018
Location:
Gainesville, Florida
District:
Northern
Agency:
ADOPTED IN TOTO
 

Counsels

Related Florida Statute(s) (3):