OAH No. 15-1005-20617-2

Agency File No.  FR2900093/BD

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR THE DEPARTMENT OF COMMERCE

 

In the Matter of NJOY NOW and John Sostak

PREHEARING ORDER

          A prehearing conference was held by telephone on August 5, 2009.  Michael J. Tostengard, Assistant Attorney General, appeared on behalf of the Department of Commerce.  Michael S. Rosenthal, Wagner, Johnston & Rosenthal, made a limited appearance at the prehearing conference on behalf of NJOY NOW and John Sostak (Respondents). 

          The Department of Commerce agreed that the formerly named respondent Lenny Lepre was not a subject of this action and should be dropped from the caption.

          Mr. Rosenthal stated that he is licensed to practice in Georgia and is representing NJOY NOW and John Sostak with the expectation that the matter can be resolved through settlement.  In the event that the matter proceeds to hearing, he will either refer the Respondents to Minnesota counsel or associate with an attorney licensed to practice in Minnesota. 

          The parties agreed at the prehearing conference that additional discovery is not anticipated, and the parties are attempting to resolve the matter without a hearing.  It was agreed to set the matter for hearing, to be held in the event that the parties are unable to reach a resolution.

IT IS HEREBY ORDERED:

1.                This matter is scheduled for hearing on October 28, 2009, commencing at 9:30 a.m., at the Office of Administrative Hearings, 600 North Robert Street, St. Paul, Minnesota. 

2.                The parties shall exchange proposed written exhibits and witness lists, and file copies with this office by October 21, 2009.  See Minn. R. 1400.6950.  To the extent possible, the parties shall enter into prehearing stipulations regarding the facts involved in the hearing and foundation for anticipated exhibits.  Any party objecting to foundation for any written exhibit shall notify the offering party and judge in writing at least two working days prior to the hearing or the foundation objection is waived.

3.                Hearings are ordinarily digitally recorded.  In the event that any party requests a court reporter, notice shall be given to the Office of Administrative Hearings no later than October 21, 2009.  See Minn. R. 1400.7400, subp. 2.

4.                Requests for subpoenas for the attendance of witnesses or the production of documents shall be made in writing to the administrative law judge pursuant to Minn. R. 1400.7000.  A copy of the subpoena request shall be served on the other parties.  A subpoena request form is available at www.oah.state.mn.us.

5.                The parties have not requested accommodation for a disability or appointment of an interpreter.  The Office of Administrative Hearings shall be notified promptly if either an accommodation or interpreter is needed.

6.                This case may be appropriate for mediation.  The parties are encouraged to consider requesting the Chief Administrative Law Judge to assign a mediator so that mediation can be scheduled promptly.

 

Dated this

12th

day of

August

2009.

                                                                

 

s/Beverly Jones Heydinger

BEVERLY JONES HEYDINGER

Administrative Law Judge