Commerce File Nos. MO2106226/DMG MO2107563/DMG MO2203630/DMG

15-1005-15202-2

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR THE COMMISSIONER OF COMMERCE

 

In the Matter of the Mortgage Originator License of BlackDiamond Mortgage & Real Estate Consultants Corp. d/b/a ProTech Enterprise Investment Properties Trust, License No. 20225862

ORDER STAYING PROCEEDINGS

 

            This matter was scheduled for hearing on July 14, 2003 at the Office of Administrative Hearings pursuant to Notice and Order for Hearing signed on December 3, 2002. 

Michael J. Tostengard, Assistant Attorney General, 1200 NCL Tower, 445 Minnesota Street, St. Paul, MN 55101-2130, appeared on behalf of the Department of Commerce.  Berry Willis, Chief Executive Officer, BlackDiamond Mortgage & Real Estate Consultants Corporation, 4204 83^rd Avenue North, Brooklyn Park, MN 55443, appeared on behalf of BlackDiamond Mortgage & Real Estate Consultants Corporation.

            At the commencement of the hearing, Mr. Willis presented the Administrative Law Judge with a copy of a Summons and Complaint filed in United States District Court on July 14, 2003, Court File No. 03-3641, including Notice of Removal of this action.  The procedure for removal to federal court is governed by federal law.  See 28 U.S.C. § 1446 et seq.  Although removal ordinarily applies to proceedings in state court, and not to administrative proceedings, in deference to the federal court determination of jurisdiction,

            IT IS HEREBY ORDERED:

            This proceeding is stayed until further notice, pending determination of the federal court’s jurisdiction over the subject of this proceeding.

Dated this 16th day  of July, 2003.

 

                                                                             

s/Beverly Jones Heydinger

BEVERLY JONES HEYDINGER

Administrative Law Judge