OAH 8-0900-17965-2

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR THE MINNESOTA DEPARTMENT OF HEALTH

In the Matter of Cup Foods

SECOND SCHEDULING ORDER

Following the submissions of the parties on October 3, 2007;

IT IS HEREBY ORDERED:

1. The evidentiary hearing in this matter will be progressed forward to 9:30 a.m. on Thursday, November 15, 2007, at the Office of Administrative Hearings’ new facility in the Harold E. Stassen Building, 600 North Robert Street, Saint Paul, Minnesota.

2. By 4:30 p.m. on Tuesday, November 6, 2007, each party will file and serve copies of:

a. a list of the witnesses that it intends to call at the evidentiary hearing;

b. pre-labeled exhibits that it proposes to offer into the hearing record. The Department shall label its exhibits sequentially using numbers 1 through 50. The Respondent, Cup Foods, shall label its exhibits sequentially using numbers 51 through 100.

3. By 4:30 p.m. on Monday, November 12, 2007, the parties will file and serve a statement (under Minn. R. 1400.6950 (2)) detailing any objection to the foundation of a written exhibit.

Dated: October 10, 2007

s/Eric L. Lipman __

ERIC L. LIPMAN

Administrative Law Judge