15-1700-15993-2

 

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR THE COMMISSIONER OF HUMAN RIGHTS

 

 

State of Minnesota by

Velma Korbel, Commissioner,

Department of Human Rights,

 

          Complainant,

 

v.

 

Envios Los Gallos, Inc., and

Orlando Cruz Roldan,

 

          Respondents.

ORDER TERMINATING DISCOVERY AND SCHEDULING THE HEARING

         

Appearances:  Erica Jacobson, Assistant Attorney General, 445 Minnesota Street, Suite 900, Saint Paul, MN 55101-2127, on behalf of the Commissioner of Human Rights (“Complainant” or “Department”).  David M. Lawson, 3055 Old Highway 8, Suite102, Minneapolis, MN 55418, on behalf of Envios Los Gallos, Inc., and Orlando Cruz Roldan (“Respondents”).

 

A telephone conference was held on July 8, 2005 to discuss discovery, the prospects for settlement, and to set the dates for hearing. 

 

On June 15, 2005, the Complainant requested copies of Mr. Cruz Roldan’s tax returns, and counsel for the Respondent has agreed to produce them no later than July 15, 2005.

 

The parties have agreed to pursue mediation and intend to do so before the end of August 2005.  However, it was mutually agreed that a date certain should be set for the hearing.

 

          IT IS HEREBY ORDERED:

 

1.       Mr. Cruz Roldan’s tax returns shall be provided to the Complainant no later than July 15, 2005.  Counsel for the Respondents shall notify Complainant’s counsel and the undersigned prior to July 15, 2005 if his clients cannot provide the documents by that date.  Production of the requested tax returns will complete the discovery in this matter.

 

2.       The parties shall notify the undersigned no later than September 9, 2005 about their progress resolving the matter through negotiation or mediation.

 

3.              The hearing in this matter is set for October 10, 2005 at 9:30 a.m. at the Office of Administrative Hearings, and will continue on October 11-14, 2005, as necessary.

4.              The parties shall exchange proposed written exhibits and witness lists and file copies with this office by October 3, 2005.  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 must notify the offering party and judge in writing at least two working days prior to the hearing or the foundation objection is waived.  Minn. R. 1400.6950, subp. 2.

 

5.       Requests for subpoenas for the attendance of witnesses 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.

 

6.       The Office of Administrative Hearings will arrange for a court reporter and a Spanish language interpreter to be present for the hearing.  The parties shall promptly notify the Office of Administrative Hearings if any additional accommodations are needed for the hearing.

 

Dated this 11th day of July, 2005

 

                                                                      /s/ Beverly Jones Heydinger

                                                                      __________________________                                                                      BEVERLY JONES HEYDINGER

                                                                      Administrative Law Judge