May 6, 2010
|
Todd Jacobson LMS and Associates |
Michael J. Tostengard Assistant Attorney
General |
RE: In the
Matter of the Unlicensed Loan Modification Activity of LMS and Associates; OAH
Docket No. 11-1005-21190-2
Dear Mr. Jacobson and Mr. Tostengard:
This
letter will confirm our discussions during yesterday’s prehearing conference,
and constitutes the First Prehearing Order in this contested case
proceeding.
The
Department indicated during the Prehearing Conference that it intends to file
an Amended Notice of and Order for Hearing in the near future which it expects
will name Mr. Jacobson, individually, as well as LMS and Associates. Mr. Jacobson noted that he may file a motion
objecting to such an amendment. Mr.
Jacobson also stated that he was interested in exploring settlement or
mediation of this matter, and Mr. Tostengard indicated that the Department
likely would be willing to consider settlement proposals.
The following schedule will govern this matter:
1.
By July 27,
2010, the parties shall exchange proposed exhibit and witness lists relating to
this case. 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. Exhibits shall be premarked by the parties. The Department shall number its exhibits
sequentially beginning with number 1, and LMS shall number its exhibits
sequentially beginning with number 101.
Letter
to T. Jacobson and M. Tostengard
May 6,
2010
Page Two
2.
The hearing in
this matter shall be held on Tuesday, August 10, 2010, commencing at 9:30 a.m. in
the courtrooms of the Office of Administrative Hearings,
3.
The hearing
shall be digitally recorded unless the parties notify the Administrative Law
Judge by August 3, 2010, that they will require the services of a court
reporter.
It is further ordered that, notwithstanding the
provisions of the Minnesota Data Practices Act, the Department shall provide
relevant, non-privileged documents, including “not public” documents, to
Respondent in response to its discovery requests. Documents that are “not public” shall be
stamped with those words. Any “not
public” data disclosed must be used only for purposes of this proceeding and
not for any other purpose without a prior court order. Disclosure of “not public” data is limited to
parties, counsel, employees assisting counsel, and representatives and
witnesses of the parties to the extent necessary to prepare and present claims
and defenses or as required by court order.
Please do not hesitate to contact me if you believe
that an additional prehearing conference or telephone conference call would be
helpful prior to the hearing.
Sincerely,
s/Barbara
L. Neilson
BARBARA
L. NEILSON
Administrative
Law Judge
Tel. No.: 651-361-7845