July 19, 2005

 

 

 

Michael J. Tostengard

Assistant Attorney General

445 Minnesota Street, Suite 1200

St. Paul, MN 55101-2130

 

Richard T. Kavaney

Attorney at Law

6 West Fifth Street, Suite 700

St. Paul, MN 55102

 

RE:     In the Matter of the Residential Building Contractor’s Licenses of Greg Zimmerman Stucco, Inc., and Greg Zimmerman Construction, Inc., Licenses Nos. 20000831 and 20382219; OAH Docket No. 11-1902-16121-2 (please note that there has been a slight change in the OAH Docket Number)

 

Dear Counsel:

 

It is my understanding, based upon a telephone conversation with Mr. Kavaney, that the underlying civil litigation in this matter has been delayed and that the parties have agreed to a continuance of the hearing currently scheduled for September 13-15, 2005.  Accordingly, the hearing in this matter is continued to December 6, 2005, at 9:30 a.m. in the courtrooms of the Office of Administrative Hearings, 100 Washington Avenue South, Suite 1700, Minneapolis.  The hearing will continue on December 7 – 8, 2005, if necessary. 

 

This continuance necessitates the following changes in the prehearing schedule: 

1.     All motions shall be filed by October 17, 2005.  Memoranda in opposition to motions shall be filed by October 31, and reply briefs, if any, by November 7, 2005. 

2.     Counsel shall exchange and file proposed exhibit and witness lists by November 15, 2005.  The witness lists shall include a brief summary of the expected testimony of each witness.  To the extent possible, the parties shall enter into prehearing stipulations regarding the facts involved in the hearing and foundation for anticipated exhibits.

3.     Counsel shall notify the Administrative Law Judge by November 15, 2005, whether they will require the services of a court reporter at the hearing.  Otherwise, the hearing will be tape-recorded.

4.     The parties shall appear at the hearing with at least three copies of each exhibit they plan to offer into evidence.  Exhibits shall be pre-marked using Arabic numbers without designation of the party offering the exhibit.

 

Feel free to contact me at any time should it be helpful to hold a conference call regarding this matter.

 

                                                                 Sincerely,

 

 

 

                                                                 /s/ Barbara L. Neilson

                                                                 BARBARA L. NEILSON

                                                                 Administrative Law Judge

                                                                 Telephone: 612/341-7604

 

cc:  Docket Coordinator