6-6381-16267-CV

 

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

 

 

Michael D. Johnson,

                                         Complainant,

 

vs.

 

Grant Residents Who Want to Save Grant, Art and Joyce Welander, Kim Linner, Tim Gangnon, Nancy Levitz, Brad Hinseth, Kevin Fernandez, Gary Erichson, and Tom Carr,

                                         Respondents.

 

 

 

ORDER

 

Based upon all the files, records, and proceedings herein, the panel makes the following:

ORDER

1.               This matter is set for hearing beginning at 9:30 a.m. on Thursday, May 19, 2005, at the Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, MN.  If necessary, the hearing will continue at 9:30 a.m. on Friday, May 20, 2005.

2.               All of the parties to this proceeding have elected to include in the hearing record the testimony and exhibits admitted as evidence during the previous hearing in this matter on January 18, 2005.  When the hearing resumes on May 19, 2005, the Complainant will be permitted to resume his case-in-chief by presenting evidence of alleged violations of Chapter 211B by any of the newly added Respondents.

3.               Between now and May 5, 2005, the parties are responsible for exchanging information relevant to the issues raised in the hearing.  At a minimum, the parties must:

a.              Disclose the names and addresses of anyone whom they may call to testify as witnesses at the hearing;

b.              Identify any such witness who may be tendered as an expert witness, together with information establishing the expert’s professional credentials and a summary of the expert testimony that will be sought;

c.              Provide the opposing parties and the panel with copies of additional exhibits that each intends to tender as evidence.  At the beginning of the hearing, the panel will entertain any foundational or other legal objections to exhibits.  

4.               Any dispositive motions shall be filed with Presiding Judge Johnson and served on the opposing parties no later than May 5, 2005.  Responses to dispositive motions must be received by Judge Johnson and the opposing parties on or before May 12, 2005.

5.               The parties shall also advise each other and the panel of any preliminary hearing motions at least one week prior to the beginning of the hearing.

 

 

Dated this 21st day of April, 2005.

 

                                                            /s/ Bruce H. Johnson

_______________________

BRUCE H. JOHNSON

Administrative Law Judge

/s/ Steve M. Mihalchick

_______________________

STEVE M. MIHALCHICK

Administrative Law Judge

/s/ Barbara L. Neilson

_______________________

BARBARA L. NEILSON

Administrative Law Judge