OAH 8-1901-20024-2

 

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

 

FOR THE DEPARTMENT OF LABOR AND INDUSTRY

 

 

Steve Sviggum, Commissioner, Department of Labor and Industry,

 

v.

 

Energy Maintenance Services, LLC

 

 

 

 

FIRST PREHEARING ORDER

 

          This matter came before Administrative Law Judge Eric L. Lipman for a Pre-Hearing Conference on December 15, 2008.  Based upon the submissions of the parties,

 

IT IS HEREBY ORDERED:

 

1.               The period for discovery shall close on Friday, April 17, 2009.

 

2.               The deadline for filing and service of any dispositive motion shall close at 4:30 p.m. on Friday, April 17, 2009.

 

3.               By 4:30 p.m. on Wednesday, April 29, 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, Energy Maintenance Services, shall label its exhibits sequentially using numbers from 200 to 399.

 

4.               By 4:30 p.m. on Wednesday, April 29, 2009, each party will file and serve a list of the witnesses that it intends to call at the evidentiary hearing.

 

5.               By 4:30 p.m. on Friday, May 1, 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.

 

6.               An evidentiary hearing in this matter will be held at the Saint Paul office of the Office of Administrative Hearings on Wednesday, May 6, 2009, beginning at 9:30 a.m., and will proceed on successive days through Friday, May 8, 2009.

 

7.               The Department shall conclude its case-in-chief by 12:30 p.m. on Thursday, May 7, 2009.

 

Dated:  December 16, 2008

                                                           

                                                            /S/ Eric L. Lipman

                                                            ______________________

                                                            ERIC L. LIPMAN

                                                            Administrative Law Judge