VACATE

00F-1266-ROC · Registrar of Contractors · 2000-08-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|JAN WALLACE, | | Nos. 00F-1266-ROC | | | |and 00F-1267-ROC | |Complainant, | |(Consolidated) | | | | | |-v- | |ORDER VACATING HEARING AND | | | |REMANDING TO REGISTRAR OF | |License No. 145947, Class B of | |CONTRACTORS | | | | | |D B MAYERS CORP. (CORP), | | | | | | | |Respondent. | | | | | | |

At the time on the date scheduled for the hearing in this matter, Complainant’s attorney Gary R. Blume, Esq. appeared on her behalf and informed the undersigned that he had just learned that Respondent had filed for protection under the United States Bankruptcy Code.[1] Mr. Blume therefore asked that the hearing be vacated to avoid potentially violating the automatic stay. Respondent neither appeared at the scheduled hearing nor communicated with the Office of Administrative Hearings since the last scheduled hearing.[2] In light of Complainant’s request, IT IS ORDERED vacating the hearing that had been scheduled on this date. IT IS FURTHER ORDERED remanding this complaint to the Registrar of Contractors with the recommendation that it be closed until Complainant obtains relief from the stay, Respondent’s bankruptcy is dismissed, or the Registrar otherwise determines that he may decide the merits of Complainant’s complaint against Respondent’s contractor’s license without violating the stay. Done this day, August 9, 2000.

______________________________________ Diane Mihalsky Administrative Law Judge

Copy mailed this ____ day of August, 2000, to:

Michael P. Goldwater, Director Daniel B. Mayers Registrar of Contractors D.B. Mayers Corp. Attn: Joyce Armijo 5900 N. Granite Reef Rd. 800 West Washington, 6th Floor Suite 102-103 Phoenix, AZ 85007 Scottsdale, AZ 85250

Jan Wallace Mervyn T. Braude, Esq. 6929 East Cheney Jaburg & Wilk, P.C. Paradise Valley, AZ 85253 P.O. Box 33799 Phoenix, AZ 85067-3799 Gary R. Blume, Esq. 11801 N. Tatum Blvd., Suite 108 Michael W. Carmel, Esq. Phoenix, AZ 85028-1612 80 E. Columbus Phoenix, AZ 85012-2334

By ___________________________

----------------------- [1] Respondent’s bankruptcy was filed on August 2, 2000 and has been designated Case No. 00-8303-PHX-GBN. Its attorney of record for the bankruptcy is Michael Carmel, Esq., 602-264-4965.

[2] The information that Mr. Blume provided about Respondent’s bankruptcy was verified with its bankruptcy attorney’s office on this date, however.

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826