January 17, 2008
By Fax and
|
Jocelyn F. Olson Assistant Attorney General |
Julie Osemeka Mayfair Home Health Services 6019 |
Re: In the Matter of Mayfair Home Health Services, Inc.
OAH No. 3-0900-19324-2
Dear Ms. Olson and Ms. Osemeka:
This letter constitutes the First Prehearing Order concerning matters discussed in our telephone conference call on January 11, 2008, and in subsequent correspondence from the parties.
On behalf of Mayfair Home Health Services, Ms. Osemeka has requested that the hearing currently scheduled to take place on January 23-24, 2008, be rescheduled because her attorney’s serious health issues have precluded him from preparing for the hearing. Ms. Osemeka’s attorney of record, William Libby, has not withdrawn from representing Mayfair Home Health Services in this matter, did not request this continuance, did not respond to discovery requested by the Department in December, and has not indicated the nature of his health issues or the length of time required in order to prepare for the hearing. Ms. Osemeka has stated that Mayfair Home Health Services is not operating at this time and has not done so for several months.
The Department objects to any continuance, contending the hearing date was originally scheduled in January 2008 as opposed to December 2007 in order to accommodate Mr. Libby’s health issues. The Department has not heard from him since October 2007. The Department maintains that rescheduling the hearing would be inconvenient for its witnesses, some of whom are traveling from out of town to appear at the hearing.
Pursuant to Minn. R. 1400.7500 (2007), a request for a continuance shall be granted upon a showing of good cause. In determining whether good cause exists, due regard shall be given to the ability of the party requesting a continuance to effectively proceed without a continuance. Good cause shall include the incapacitating illness of a party or attorney of a party.
Ms. Osemeka first requested a continuance in a telephone conference call on January 11, 2008, in which she indicated she was attempting to find other counsel because her attorney was still recovering from surgery. She subsequently filed a written request on January 16, 2008. Despite the inconvenience to the Department, the Administrative Law Judge finds that there is good cause to continue the hearing, on the following conditions: (1) the temporary suspension of the Class A and Class F licenses of Mayfair Home Health Care, which expired November 3, 2007, is continued in effect on the same terms and conditions from this date through the time of the hearing; (2) neither Mayfair Home Health Care Services nor Julie Osemeka shall provide any home health care services of any sort from this date through the time of the hearing; (3) the parties shall exchange all exhibits they intend to offer into evidence, a witness list identifying each witness who may be called to testify, and a summary of the anticipated testimony of each witness, by February 20, 2008; and (4) the hearing shall take place on March 11-12, 2008, commencing at 9:30 a.m. at the Office of Administrative Hearings. If Ms. Osemeka obtains new counsel, he or she shall file a Notice of Appearance form promptly.
Sincerely,
s/Kathleen D. Sheehy
KATHLEEN D. SHEEHY
Administrative Law Judge
651/361-7848
Cc: Docket Coordinator
William Libby, Esq.