STIPULATION STATUS CONFERENCES
What is a Stipulation Status Conference?
A Stipulation Status Conference is a conference scheduled by OAH to determine the outcome of a pending dispute. The office has a large volume of cases noted in our computer system as settled and awaiting a Stipulation for Settlement, however, no settlement agreement has been received. Of course, there are many reasons this happens. In some instances, there has been a delay in finalizing a settlement agreement. In other cases, the matter should be stricken or dismissed from the calendar, but OAH has not received a written request to do so. Or, the parties no longer agree on a resolution and the matter may need to be scheduled for hearing. The list of possible reasons for a delay in final resolution of the case are many and varied. The purpose of the conference is to update OAH and the other parties concerning the case status, and to make plans to achieve final resolution of the claim.
How are Stipulation Status Conferences scheduled?
Currently, the files marked as settled for which there is no final order are being reviewed. The Hearing Division cases are being reviewed first (because these tend to be the older cases). Generally, the oldest cases in this status are reviewed first and set for conference if appropriate. If we receive a request for a Stipulation Status Conference, OAH reviews the file and generally sets it for conference.
Settlement Division cases are rescheduled for a settlement conference on the usual Settlement Division calendar. Hearing Division cases are scheduled either with the assigned judge or with Chief Judge Krause. These cases are often scheduled with about a dozen other cases during the same hour. Many of the cases are resolved prior to conference and the remaining cases are handled with a quick conference that usually lasts about ten minutes.
What should I be prepared to discuss at the conference?
Attorneys and parties not represented by attorneys should come prepared to state the reason(s) final resolution of the case has been delayed, and to propose strategies and a timeline for achieving final resolution.
Am I required to attend the conference?
If you are an attorney for a
party or a party not represented by an attorney, you should plan to attend in
person (or by telephone if you are located more than 50 miles from
Do not expect to cancel the conference by a voicemail message to the calendar line or to the judge just before the conference. Assume you are required to attend unless you have actual permission otherwise from the judge, from Staff Attorney Barbara Elicerio, or you have received an order dismissing the claim.
How may I cancel the conference?
The easiest way to cancel the conference is by submitting a Stipulation for Settlement that is RECEIVED by OAH before the conference, or by submitting a written request to dismiss the claim from the petitioner that is RECEIVED by OAH before the conference. A written request to dismiss the claim should state the reason dismissal is requested such as 1) you are withdrawing the claim, 2) it was resolved by insurer payment, or 3) other information regarding how the claim was fully resolved. A request to strike the case from the active calendar before the conference requires agreement of the parties or the approval of the presiding judge.
See the preceding question
concerning attendance at the Stipulation Status Conference. If OAH has
not received a Stipulation for Settlement or written request from the
petitioner to dismiss the claim before the time of the conference, the parties
are expected to appear. DO NOT ASSUME THAT A STIPULATON STATUS CONFERENCE
IS CANCELED SIMPLY BECAUSE YOU MADE SUCH A REQUEST. Unless you have
received an order dismissing the claim or verbal assurance of conference
cancellation from Staff Attorney
Where may I direct additional questions regarding stipulation status conferences?
If you have additional questions, please feel free to call Barbara Elicerio at 612-341-7650 or send an e-mail to Barbara.Elicerio@state.mn.us.