February 3, 2009
|
Halisi Edwards
Staten Realty
Executives Advantage Plus Group |
Christopher M.
Kaisershot Assistant
Attorney General |
Re: In the Matter of Halisi Edwards Staten and
Realty Executives Advantage Plus Group; OAH Docket No. 11-1005-20062-2
Dear Ms. Staten, Mr. Kaisershot, and Realty
Executives Advantage Plus Group:
This
letter will confirm our discussions during the telephone prehearing conference
held on January 28, 2009, and constitutes the First Prehearing Order in this
contested case proceeding. Mr.
Kaisershot appeared on behalf of the Department of Commerce. Ms. Staten appeared on her own behalf.
There was no appearance at the prehearing conference on
behalf of Realty Executives Advantage Plus Group. For this reason, Mr. Kaisershot filed a
written motion on January 30, 2009, in which the Department of Commerce seeks to
have Realty Executives Advantage Plus Group held in default in this
matter. Under Minn. Rules 1400.6000, if
a party fails to appear without prior consent of the Administrative Law Judge
at a prehearing conference, settlement conference, or a hearing or fails to
comply with any interlocutory orders of the Judge, a default occurs. Upon default, the allegations of or the
issues set out in the Notice of and Order for Hearing against that party may be
taken as true or deemed proved without further evidence, and that party’s
license may be revoked or suspended, that party may be censured, and/or a civil
penalty may be imposed against that party without further proceedings. Ms.
Staten and the Realty Executives Advantage Plus Group shall be given ten
working days from the date of receipt of this letter to file a response in
opposition to the motion. The Department
shall be permitted to file a reply brief with respect to the motion within
three working days of its receipt of any response by Ms. Staten or the Realty
Executives Advantage Plus Group.
As we discussed during the telephone conference call,
the following schedule will govern this case:
1. All
discovery in this matter shall be completed by March 20, 2009.
Letter
to H. E. Staten, C. Kaisershot, and
Realty Executives Advantage Plus Group
February 3, 2009
Page Two
2. By
March 25, 2009, the parties shall exchange proposed exhibit and witness
lists. The witness lists shall include a
brief summary of the expected testimony of each witness.
If any documents identified as exhibits have not yet been
exchanged, copies shall be provided with the exhibit lists.
3. All
motions in this matter shall be filed by no later than March 27, 2009.
4. A
status conference shall be held by telephone on April 1, 2009, at 12:00 p.m. (central
time). The Administrative Law Judge will
initiate the call. Unless otherwise
notified, Ms. Staten will be called at 678-418-0890, and Mr. Kaisershot at
651-282-9992.
5. By April
13, 2009, the parties shall notify the Administrative Law Judge whether they
will require the services of a court reporter at the hearing. If no court reporter is requested, the
hearing shall be digitally recorded.
6. Pursuant
to Minn. Rules 1400.6950, subpart 2, any party objecting to the foundation for
any written exhibit proposed by a party must notify both the offering party and
the Administrative Law Judge in writing at least two working days before the
hearing or the objection is waived.
7. The
hearing in this matter shall commence on Monday, April 20, 2009, at 9:30 a.m.
in the courtrooms of the Office of Administrative Hearings, which are located
on the first floor of the
8. The parties
shall appear at the hearing with at least three copies of each document they
plan to offer into evidence.
Ms. Staten indicated during the prehearing conference
that she may be interested in retaining an attorney to represent her in this
proceeding. She is reminded that she
should proceed to do so in an expeditious fashion in order to ensure that we
adhere to the schedule set forth above.
She should have her attorney file a notice of appearance and serve it on
the other parties as soon as possible.
Please do not hesitate to contact me if you believe
that an additional prehearing conference or telephone conference call would be
helpful.
Sincerely,
s/Barbara
L. Neilson
BARBARA
L. NEILSON
Administrative
Law Judge
Tel.: (651) 361-7845
cc: Docket
Coordinator