12-1900-16526-2
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE DEPARTMENT OF LABOR AND INDUSTRY
|
In the Matter of the Wage and Hour Violations of
Petersen Home Care Services, Inc. |
THIRD PREHEARING ORDER |
On August 26, 2005, Administrative Law Judge Steve M. Mihalchick conducted a second prehearing conference in the above-entitled matter. Based on representations made by Assistant Attorneys General Omar Syed and Julie Leppink, the ALJ issued a second prehearing order setting August 29, 2005, as the deadline for the Department’s responses to Petersen’s interrogatories and requests for production of documents. The ALJ also ordered the Department to provide Petersen’s counsel with the typewritten redacted questionnaire responses by September 2, 2005.
On August 29, 2005, the ALJ received a letter by FAX
from Ms. Leppink requesting that the Department be given until September 6,
2005, to submit its discovery responses and typewritten questionnaire
responses. Ms. Leppink explained that,
contrary to her representation at the prehearing conference and despite the
Department’s best effort, it was unable to provide responsive answers to
Petersen’s discovery requests by the end of the day on August 29, 2005.
Although Ms. Nolan strongly objects to granting the
Department an additional extension to respond to discovery, the ALJ will allow
the Department to have until September 6 to provide its responses to Petersen’s
Interrogatories and Requests for Production of Documents and the typewritten
questionnaire responses. The ALJ finds
the Department’s possible lack of candor or preparation in this matter to be
troublesome. Arguments about massive,
complex, and incomplete records could have been made earlier. However, given the age of the case, an
additional one week extension will not unduly
prejudice the Respondent. In addition,
the ALJ will afford the Respondent the same extension to respond to the
Department’s discovery requests.
Dayle Nolan and Chris Harristhal, Attorneys at Law,
Larkin, Hoffman, Daly & Lindgren, Ltd.,
Based upon the correspondence from the parties, the Administrative Law Judge makes the following:
1. By September 6, 2005, the Department shall provide to opposing counsel its responses to discovery. These responses shall specifically identify by Bate stamp number(s) the documents that are responsive to each interrogatory or document request.
2. By September 6, 2005, the Department shall provide to opposing counsel typewritten versions of the 38 questionnaire responses and attachments with all identifying information redacted.
3. Peterson shall have an additional one week extension of its due date to respond to the Department’s discovery requests.
IT IS SO ORDERED.
Dated this 31st day of August, 2005
_/s/ Steve
M. Mihalchick_______
STEVE
M. MIHALCHICK
Administrative
Law Judge