OAH  8-1901-20007-2

 

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

 

FOR THE DEPARTMENT OF LABOR AND INDUSTRY

 

 

Steve Sviggum, Commissioner, Department of Labor and Industry,

 

v.

 

M.A. Mortenson Company,

 

 

 

THIRD PREHEARING ORDER

 

            This matter came before Administrative Law Judge Eric L. Lipman upon the submissions of the parties and their joint request for an adjustment of the deadlines set forth in the First Prehearing Order. 

 

IT IS HEREBY ORDERED:

 

1.                  By 4:30 p.m. on Thursday, March 26, 2009, the parties shall file and serve statements identifying any person whom they expect to call as an expert witness; including a summary of the facts and opinions as to which the designated expert is expected to testify.

 

2.                  The period for discovery shall close on Monday, May 11, 2009.

 

3.                  The deadline for filing and service of any dispositive motion shall close at 4:30 p.m. on Thursday, May 21, 2009.

 

4.                  By 4:30 p.m. on Wednesday, July 1, 2009, each party will file and serve copies of the pre-labeled exhibits that it proposes to offer into the hearing record.  The Department shall label its exhibits sequentially using numbers from 1 to 199.  Respondent, M.A. Mortenson Company, shall label its exhibits sequentially using numbers from 200 to 399.

 

5.                  By 4:30 p.m. on Wednesday, July 1, 2009, each party will file and serve a list of the witnesses that it intends to call at the evidentiary hearing.

 

6.                  By 4:30 p.m. on Wednesday, July 8, 2009, the parties will file and serve a statement (under Minnesota Rule 1400.6950 (2)) detailing any objection to the foundation of a written exhibit.

 

7.                  An evidentiary hearing in this matter will be held at the Saint Paul office of the Office of Administrative Hearings on Tuesday, July 14, 2009, beginning at 9:30 a.m., and will proceed on successive days through Thursday, July 16, 2009.

 

Dated:  January 12, 2009

                                                                       

                                                                        /s/ Eric L. Lipman

                                                                        ______________________

                                                                        ERIC L. LIPMAN

                                                                        Administrative Law Judge