58-1800-17731-2

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR THE DEPARTMENT OF HUMAN SERVICES

 

 

In the Matter of the Rate Appeal of

Sholom Home East                                                              PREHEARING ORDER

 

 

A prehearing conference was held on January 26, 2007, telephonically.  Erika S. Sullivan Assistant Attorney General, 445 Minnesota St. #900 St. Paul, MN 55101-2127, appeared on behalf of the Department of Human Services. Joel H. Jensen, Jensen Law Firm, Ltd., 5353 Gamble Dr. #125, Minneapolis, MN 55416, appeared on behalf of Sholom Home East (Appellant).  Also in attendance at the prehearing conference were three officers of Appellant: Bruce Kahn, Michael Klein and Jim Newstrom.

 

IT IS HEREBY ORDERED:

 

1.    Discovery shall be completed by May 26, 2007.

 

2.     By April 1, 2007, the parties shall identify persons expected to be called as expert witnesses.

 

3.     By April 15, 2007, the parties shall file a statement describing the subject matter of expected expert testimony, the substance of the facts and opinions to which the expert is expected to testify, and provide a summary of the grounds for each opinion, any report prepared by the expert for this matter, and a curriculum vitae for the expert.

 

4.    Any dispositive motions shall be served by June 1, 2007, and the responding party shall have ten working days to respond.

 

5.    This matter is scheduled for hearing on August 2, 2007 commencing at 9:30 a.m.  The location of the hearing will be determined at a later date.   

 

6.     The parties shall exchange proposed written exhibits and witness lists and file an index of exhibits and a copy of the witness list with this office by July 26, 2007.   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.

 

7.     In the event that either side requests a court reporter, notice shall be given to the Office of Administrative Hearings no later than July 16, 2007.

 

8.     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.

 

9.     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.

 

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

 

Dated this 29th day of January 2007.

 

 

                                                                      __s/Linda F. Close________________

                                                                      LINDA F. CLOSE

                                                                      Administrative Law Judge

                                                                      612 766-9606

                                                                      lcose@closelawoffice.com