February 19, 2008

 

Julie A. Leppink

Assistant Attorney General

445 Minnesota Street

Suite 900

St. Paul, MN  55101-2127

Michael S. Glassman

Attorney at Law

Dinsmore & Shohl, LLP

255 East Fifth Street, Suite 1900

Cincinnati, OH  45202

 

RE:     Steve Sviggum, Commissioner, Department of Labor and Industry, Complainant v. Golden Living Center - Delano, Respondent;

OAH Docket No. 11-1901-19364-2

and

Steve Sviggum, Commissioner, Department of Labor and Industry, Complainant v. Golden Living Center Chateau, Respondent;

OAH Docket No. 11-1901-19095-2

 

Dear Ms. Leppink and Mr. Glassman:

 

This letter will confirm our discussions during the telephone prehearing conference held on February 7, 2008, and constitutes the First Prehearing Order in these two contested case proceedings.  Although we are currently planning to hold separate hearings in each of these cases on July 10-11, 2008, the parties may, if they wish, seek consolidation at some point in the future. 

 

Mr. Glassman is not currently admitted to practice in Minnesota, but will be permitted to appear at these hearings on behalf of Golden Living Center-Delano and Golden Living Center Château as long as his client consents to such representation.  However, Mr. Glassman will be expected to affiliate with Minnesota counsel, who should appear with Mr. Glassman at his initial substantive appearance in this case (most likely the beginning of the contested case hearings).  While it is anticipated that Mr. Glassman will be permitted to participate in the hearings without the continual presence of local counsel, local counsel must be available to serve as a resource to Mr. Glassman to the extent necessary in this proceeding.  Pleadings filed by Mr. Glassman on behalf of the Respondents should be also signed by local counsel or by a corporate officer of the Respondents.

 

Letter to J. Leppink and M. Glassman

February 19, 2008

Page Two

 

 

 

The following schedule will govern both cases:

 

1.       By April 15, 2008, the Department shall serve the Respondents with a statement identifying persons the Department expects to call as expert witnesses in these matters and, by April 29, 2008, the Respondents shall serve the Department with a statement identifying persons the Respondents expect to call as expert witnesses. 

The expert witness statements shall describe the subject matter of each expert’s expected testimony, state 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. 

 

2.       All discovery in these matters shall be completed by May 15, 2008.

 

3.       All motions in these matters shall be filed by no later than May 22, 2008.  Responses in opposition to any such motions shall be filed by June 6, 2008 (or within 10 working days of the receipt of the motion), and reply briefs in support of such motions shall be filed by June 11 (or within three working days of receipt of the response in opposition).

 

4.       By June 11, 2008, the parties shall exchange proposed exhibit and witness lists.  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.

 

5.       By July 1, 2008, the parties shall notify the Administrative Law Judge whether they will require the services of a court reporter at the hearings.  If no court reporter is requested, the hearings shall be digitally recorded.

 

6.       The hearings in these matters shall commence on July 10, 2008, at 9:30 a.m. in the courtrooms of the Office of Administrative Hearings, which are located on the first floor of the Stassen Building, 600 North Robert Street, St. Paul.  The hearings shall continue on July 11, 2008, if necessary.

 

7.       The parties shall appear at the hearings with at least three copies of each document they plan to offer into evidence.  Exhibits shall be premarked by the parties using Arabic numbers.

 

 

 

 

Letter to J. Leppink and M. Glassman

February 19, 2008

Page Three

 

 

 

Please do not hesitate to contact me if you believe that an additional prehearing conference or telephone conference call would be helpful.

 

                                                            Sincerely,

 

                                                            s/Barbara L. Neilson

 

 

                                                            BARBARA L. NEILSON

                                                            Administrative Law Judge

                                                            Tel.:  (651) 361-7845

 

cc:  Docket Coordinator