6-0900-14817-2

 

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR THE MINNESOTA DEPARTMENT OF HEALTH

 

 

In the Matter of Las Americas (41 East Lake Street)              FIRST DISCOVERY ORDER

WIC Vendor No. 0314                                                                     

and

In the Matter of Las Americas (1522 East Lake Street)

WIC Vendor Nos. 0228 and 0354

 

 

            On March 27, 2002, the Department of Health issued a Notice of and Order for Hearing in this matter, setting a prehearing conference date of April 8, and a hearing date of May 6.

 

            On April 8, Assistant Attorney General Helen G. Rubenstein and Attorney at Law Jordan S. Kushner met with the undersigned Administrative Law Judge to review the case.  It was apparent at that time that there was likely to be a dispute over discovery, and so a schedule was established to allow both sides an opportunity to assert their positions on the discovery dispute.

 

            On April 15, the Department filed its objections to Respondents’ Interrogatories and Requests for Production of Documents.  On April 19, the Department filed a supplement to its objections.  On April 22, the Department filed a further statement of its positions regarding the requested discovery.  On April 24, Respondent filed its response to the Department’s objections and supplementary argument.  On April 26, a conference telephone call was conducted, and the Administrative Law Judge announced certain rulings and established a schedule for further proceedings.  Pursuant to that schedule, on May 9, 2002, another prehearing conference telephone call was held to discuss the status of discovery.

 

            The Department and Respondent have agreed on some issues.  The Administrative Law Judge has ruled on others.  In order to memorialize the rulings announced on April 26 and further refined on May 9, the Administrative Law Judge makes the following:

 

 

ORDER

 

1.            Interrogatory No. 1.  This request is granted in part, and denied in part.  The Department shall provide the name, address, prior employment history (if known) and date of birth for each undercover and cash buyer involved in transactions at these two stores only.  Information provided is subject to the Protective Order, and, in addition, none of this information may be disclosed to Mr. Ortega or persons associated with other WIC vendors.

2.            Interrogatory No. 5.  The Department shall provide Respondent with a list of all WIC Vendors who have been investigated for compliance purposes, whether or not disqualified, so long as they are not now the subject of an active civil investigation.  From this list, Respondent shall attempt to prioritize those files which it would like to see first.  Respondent shall provide the priority order list to the Department, and the Department shall proceed to redact non-public information and then provide the files to Respondent for examination.  After Respondent has had an opportunity to review some files and determine how it wishes to proceed, either Respondent or the Department may contact the undersigned, and we will have another telephone conference to review the status of the proceeding.

 

 

Dated this   14th   day of   May   2002.            

ALLAN W. KLEIN

Administrative Law Judge