September 29, 2008

 

Jackson Evans

Assistant Attorney General

445 Minnesota Street

Suite 900

St. Paul, MN  55101-2127

Karen M. Charlson

Attorney at Law

Felhaber, Larson, Fenlon & Vogt

444 Cedar Street

Suite 2100

St. Paul, MN  55101-2136

 

RE:      Steve Sviggum, Commissioner, Department of Labor and Industry, Complainant, v. Building Restoration Corp., Respondent; MN OSH Division Docket No. 8742; OAH Docket No. 11-1901-19483-2;

and

Steve Sviggum, Commissioner, Department of Labor and Industry, Complainant, v. Building Restoration Corp., Respondent; MN OSH Division Docket No. 8822; OAH Docket No. 11-1901-19484-2

 

Dear Counsel:

 

I have received Ms. Charlson’s letter dated September 22, 2008, in which she indicated that counsel for both parties wished to request a revision of the prehearing schedule set last May and had agreed upon a proposed modification.  The approach suggested by counsel is acceptable to me.  Accordingly, the following schedule shall be followed in these two matters: 

 

1.                  By October 15, 2008, the parties shall serve each other with a statement identifying persons expected to be called as expert witnesses in these cases.  The statement shall describe the subject matter of the expert’s expected testimony, state the substance of facts and opinions to which the expert is expected to testify, and provide a summary of the grounds for each opinion.

 

2.                  By October 20, 2008, the parties shall serve each other with a supplemental statement identifying any additional persons expected to be called as expert witnesses in these cases.  The statement shall include the information described above.

Letter to K. Charlson and J. Evans

Sept. 29, 2008

Page Two

 

 

3.                  All discovery in these cases shall be completed by November 10, 2008.

 

4.                  All dispositive motions in these cases shall be filed by November 24, 2008.  Responses in opposition to such motions shall be filed by December 8, 2008, and reply briefs relating to such motions shall be filed by December 15, 2008.

 

5.                  By December 30, 2008, the parties shall exchange proposed exhibit and witness lists relating to these cases.  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.

 

6.                  The hearing in OAH Docket No. 11-1901-19483-2 (MN OSH Docket No. 8742) shall commence on February 11, 2009, at 9:30 a.m. in the courtrooms of the Office of Administrative Hearings, 600 North Robert Street, St. Paul, Minnesota. 

 

7.                  The hearing in OAH Docket No. 11-1901-19484-2 (MN OSH Docket No. 8822) shall commence on February 12, 2009, at 9:30 a.m. in the courtrooms of the Office of Administrative Hearings, 600 North Robert Street, St. Paul, Minnesota. 

 

8.                  The hearings shall be digitally recorded unless the parties notify the Administrative Law Judge in advance of the hearings that they will require the services of a court reporter. 

 

9.         The parties shall appear at each hearing with at least two copies of each document they plan to offer into evidence (one copy for the Administrative Law Judge and one copy for use by witnesses).  Exhibits shall be premarked by the parties using Arabic numbers.

 

                                                                        Sincerely,

 

 

                                                                        s/Barbara L. Neilson

 

                                                                        BARBARA L. NEILSON

                                                                        Administrative Law Judge

                                                                        Tel.:  (651) 361-7845