May 3, 2010
|
Mayor David Beaudet City of Patrick Whiting Assistant Attorney General |
David P. Iverson Jill Schlick
Nguyen Assistant Attorneys General |
Re: In the Matter of the Appeal of Public Waters
Permit No. 2010-0117 Issued to MnDOT for Structural
Load Testing; OAH Docket No. 11-2000-21160-2
Dear Counsel/Parties:
This letter will confirm the discussions that
occurred during the prehearing conference held on April 20, 2010, and constitutes the First Prehearing Order in this contested
case proceeding.
The following schedule will govern this matter:
1.
The
parties shall serve and file their initial statements identifying persons
expected to be called as expert witnesses in this matter by May 14, 2010, and any supplemental expert
witness disclosure by May 21, 2010. The statements shall describe the subject
matter of the expected testimony of each expert, state the substance of facts
and opinions to which the expert is expected to testify, and provide a summary
of the grounds for each opinion.
2.
All
discovery in this matter shall be completed by June 21, 2010.
3.
All
motions relating to this matter shall be served and filed by June 25, 2010. Responses in opposition to any such motions
shall be served and filed within ten
working days of receipt of the motion, and reply briefs in support of
motions shall be served and filed within three
working days of receipt of the response in opposition.
Letter to D. Beaudet,
P. Whiting,
D. Iverson and J.
Nguyen
May 3, 2010
Page Two
4.
By
July 14, 2010, the parties shall
exchange and file proposed exhibit and witness lists relating to this
case. The witness lists shall include a
brief summary of the expected testimony of each witness. If any documents identified as exhibits have
not yet been exchanged, copies shall be provided with the exhibit lists. Exhibits shall be premarked
by the parties using numbers rather than letters.
5.
The
hearing in this matter shall be held on August
11-13, 2010, commencing at 9:30 a.m. each day in the courtrooms of the
Office of Administrative Hearings,
6.
The
hearing shall be digitally recorded unless the parties notify the
Administrative Law Judge by August 2,
2010, that they will require the services of a court reporter.
7.
Pursuant
to Minn. R. 1400.6950, subp. 2, any party objecting
to the foundation for any written exhibit must notify both the offering party
and the Administrative Law Judge in writing at least two working days before
the hearing or the foundation objection is waived.
Please do not hesitate to
contact my office if you believe that an additional prehearing conference or
telephone conference call would be helpful prior to the hearing.
Sincerely,
s/Barbara L. Neilson
BARBARA
L. NEILSON
Administrative
Law Judge
Tel.
No.: 651-361-7845
cc: Docket
Coordinator
Elizabeth
H. Schmiesing
Elizabeth H. Schmiesing
Attorney at Law
Faegre & Benson
2200