2-0900-16778-2

 

 

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR THE DEPARTMENT OF HEALTH

AND

THE  MINNESOTA POLLUTION CONTROL AGENCY

 

In the Matter of the License Revocation of Woodlyn Court

 

FIRST PREHEARING ORDER

 

            A prehearing conference was held in the above-captioned matter in Courtroom 10 of the Office of Administrative Hearings on September 22, 2005, at 1:30 p.m.  Kristen Olsen, Assistant Attorney General, 445 Minnesota Street, Suite 1200, St. Paul, MN  55101-2131, appeared on behalf of the Department of Health (“the Department”).  J. Sebastian Stewart, Assistant Attorney General, 445 Minnesota St., Suite 900, St. Paul, MN 55101, appeared on behalf of the Minnesota Pollution Control Agency (“the MPCA”). John F. Bonner, Attorney at Law, Bonner & Borhart LLP, 220 S. 6th Street, Suite 1950, Minneapolis, MN  55402, appeared on behalf of the Respondent, Woodlyn Court.

            Based upon discussions with counsel during the prehearing conference, IT IS HEREBY ORDERED as follows:

1.     By December 2, 2005, the parties will exchange lists of witnesses expected to be called at the hearing and any exhibits expected to be offered.  A copy of the lists shall be filed with the Administrative Law Judge.  The witness lists shall include a brief summary of the expected testimony of each witness. 

2.     To the extent possible, the parties shall enter into prehearing stipulations regarding the facts involved in the hearing and foundation for anticipated exhibits. By December 2, 2005, the parties shall have discussed and agreed upon stipulated facts in this matter. A copy of the stipulated facts shall be sent to the Administrative Law Judge by December 14, 2005. 

3.     All discovery in this matter shall be completed by November 18, 2005.

4.     Hearing in this matter shall commence at 9:00 a.m. on December 19, 2005, in the courtrooms of the Office of Administrative Hearings, 100 Washington Avenue South, Suite 1700, Minneapolis, Minnesota.  The hearing shall continue on December 20-21, 2005, as necessary.

5.     The parties shall appear at the hearing with at least three copies of each exhibit they plan to offer into evidence.  Exhibits shall be premarked using Arabic numbers, and an exhibit list shall be prepared and provided to the Administrative Law Judge. 

 

Dated:  September 22, 2005.

s/Raymond R. Krause                          

RAYMOND R. KRAUSE

Administrative Law Judge