February 29, 2008
|
Rachel Tierney Civil Division |
Kathryn K. Smith Sherrill Law Office, PLLC 4756 Banning Avenue, |
Re: In the Matter of All Licenses Held by Health
d/b/a Anytime Fitness for the Premises Located at
2501 – 7th
Street
West in
and
In
the Matter of All Licenses Held by Wittwer Fitness, Inc., d/b/a
Anytime
Fitness for the Premises Located at 1678 Suburban
Avenue
in
Dear Counsel:
On February 28, 2008, I received a call from Kathryn Smith notifying me that she would be representing the Licensees in both of the above actions, and requesting that the hearing on the two cases be held on the date set for the second, March 12, 2008. She also stated that Ms. Tierney had agreed to set the two cases for the same day of hearing so long as there was a separate report prepared for each case, with separate findings, conclusions and recommendation. It is my understanding that counsel will attempt to stipulate to some of the facts involving the alleged violations.
Since there is no objection and the two cases involve alleged violations of the same city ordinance, the hearing on the two matters will be held on March 12, 2008, beginning at 9:00 a.m., in Room 220, County Commissioner’s Office, City Hall/Courthouse, 15 West Kellogg, Saint Paul.
Ms. Smith, please file a Notice of Appearance in the two matters so that your representation of both parties is clear. A form Notice of Appearance is on the Office of Administrative Hearings website, www.oah.state.mn.us.
February 29, 2008
Page 2
Please contact me if the matters are resolved or any additional schedule change is necessary.
Sincerely,
s/Beverly
Jones Heydinger
BEVERLY
JONES HEYDINGER
Administrative
Law Judge
Telephone:
(651) 361-7838
BJH:mo
cc: Jason Wittwer
Docket Coordinator