11-1904-16962-2

 

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR THE DEPARTMENT OF LABOR AND INDUSTRY

 

 

In the Matter of the Administrative Penalty Order issued to Charles Corrin

THIRD PREHEARING ORDER

 

 

          A prehearing conference was held via telephone in the above-captioned matter on June 19, 2006, at 1:30 p.m.  Julie A. Leppink, Assistant Attorney General, 445 Minnesota Street, Suite 900, St. Paul, MN 55101-2127, appeared on behalf of the Department of Labor and Industry.  Alan B. Fish, Attorney at Law, 109 – 2nd Street Northeast, Roseau, MN  56751, appeared on behalf of the Respondent, Charles Corrin.  Discussions focused on the status of pending parallel district court litigation and the interplay between that case and this contested case proceeding.  Both parties agreed that the schedule in this proceeding should be adjusted to dovetail the schedule in the district court case.

          Based upon discussions with counsel during the prehearing conference, IT IS HEREBY ORDERED and the Second Prehearing Order is hereby modified as follows:

1.     All motions in this matter shall be served and filed by August 15, 2006.  Responses in opposition to such motions shall be served and filed within ten working days of receipt of the motion, and reply briefs shall be served and filed within five working days of receipt of the response in opposition to the motion.

2.     A conference call to discuss the status of the case shall be held on December 19, 2006, at 1:30 p.m.  The Administrative Law Judge will initiate the conference call.

3.     All discovery in this matter shall be completed by January 5, 2007. 

4.     Counsel shall exchange and file proposed exhibit and witness lists by March 7, 2007.  The witness lists shall include a brief summary of the expected testimony of each witness.

5.     To the extent possible, the parties shall enter into prehearing stipulations regarding the facts involved in the hearing and foundation for anticipated exhibits.

6.     The hearing in this matter shall commence at 9:30 a.m. on March 28, 2007, at the office of counsel for the Respondent in Roseau, Minnesota.  The hearing will continue on March 29 and 30, 2007, if necessary.  The hearing will be tape-recorded unless the parties notify the Administrative Law Judge by March 21, 2007, that they will require the services of a court reporter at the hearing. 

7.     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.

 

Dated:  June 26, 2006.

                                                                

s/Barbara L. Neilson

BARBARA L. NEILSON

Administrative Law Judge