June 28, 2010
|
Eugene Sherayzen Attorney at Law |
Michael J. Tostengard Assistant Attorney General |
Re: In the Matter of International Business
Group, LLC, Inc;
OAH Docket No. 11-1003-21214-2
Dear Counsel:
This letter will confirm the rulings that were made during
the telephone conference call on June 22, 2010, and will also address the
pending motion of International Business Group to deem the Department to have
admitted the subject matter of its Requests for Admissions.
1.
The
motion of International Business Group (IBG) for a continuance of the hearing
in light of the Department’s filing of an Amended Statement of Charges was GRANTED. The hearing shall be continued to July 30, 2010, commencing at 9:30 a.m. in the courtrooms of the
Office of Administrative Hearings,
2.
The
Department shall provide supplemental responses to all of IBG’s discovery
requests by July 1, 2010.
3.
IBG’s
motion regarding the burden of proof was deemed moot in light of the
Department’s admission that it, in fact, bears the burden of proof with respect
to the allegations of unlicensed activity set forth in the Amended Statement of
Charges.
4.
As
set forth in the June 11, 2010, letter order issued by the Administrative Law
Judge, the Department was to respond to IBG’s Requests for Admission by June
15, 2010. This deadline was calculated
in accordance with Minn. R. 1400.6800, which requires that requests for
admission be answered in writing by the party to whom the request is directed
within ten days of receipt of
Letter to E. Sherayzen and M.
Tostengard
June 28, 2010
Page Two
the request. The rule further specifies that “[f]ailure to
make a written answer within ten days will result in the subject matter of the
request being deemed admitted unless it can be shown that there was a
justifiable excuse for failing to respond.”
The Department did not respond to IBG’s Requests for Admission by June
15, 2010, nor did it file a motion to extend the deadline or offer any excuse
for its failure to respond in a timely fashion.
Accordingly, IBG’s motion to deem the subject matter of its Requests for
Admission dated May 28, 2010, to have been admitted by the Department is hereby
GRANTED.
Sincerely,
s/Barbara
L. Neilson
BARBARA
L. NEILSON
Administrative
Law Judge
Tel.
No.: 651-361-7845