December 1, 2009
|
Rory Foley Assistant Attorney General |
Jesse R. Orman, Esq. Fabyanske Westra Hart & Thomson |
Re: Commissioner of Labor and Industry vs. People’s Electric Co., Inc.
OAH Docket No. 3-1901-20919-2
OSHA Docket No. 9297
Dear Counsel:
This letter constitutes the First Prehearing Order regarding matters discussed in the telephone prehearing conference held on November 30, 2009. Mr. Foley appeared for the Department of Labor and Industry (Complainant); Mr. Orman appeared for People’s Electric Co., Inc. (Respondent). We set the following schedule:
•February 3, 2010: Deadline for completion of all
discovery. Discovery must be noticed
sufficiently in advance of this deadline so that any response is due by this
date.
•February 17, 2010: Deadline for the parties to exchange all
exhibits they intend to offer into evidence at the hearing, along with a
witness list containing a brief summary of the testimony anticipated for each
witness. The parties should send a copy
of the exhibit and witness lists to the ALJ.
•March 3-5, 2010: Hearing, to take place at the Office of Administrative Hearings, 600 North Robert Street, St. Paul, Minnesota.
As we discussed in the
prehearing conference, I have enclosed a Protective Order similar to the one
issued in Commissioner v. Michels
Pipeline Construction. In addition,
I agreed during the conference that the Commissioner is not obligated to issue
a separate Notice of Hearing to confirm the schedule set herein.
Sincerely,
s/Kathleen
D. Sheehy
KATHLEEN
D. SHEEHY
Administrative
Law Judge
Telephone:
(651) 361-7848
cc: Docket Coordinator