Vacate

05F-M2373-ROC · Registrar of Contractors · 2005-11-17

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

On November 4, 2005, Arek Fressadi (“Fressadi”), on behalf of Complainant, filed a Motion to Consolidate/Motion to Continue (“motions”) with the Office of Administrative Hearings wherein he requested that the instant matter be consolidated with Docket No. 05F- 0156-ROC. Fressadi also requested that the hearing of the consolidated matters be continued until sometime after January 1, 2006. By Minute Entry dated November 10, 2005, the undersigned provided Fressadi until November 17, 2005 to file a written supplement to the motions wherein was to be set forth additional information to support the motions. Contemporaneously, Respondent was provided until like date to file a response. On November 16, 2005, Respondent, by and through counsel, filed a Response to Motion to Consolidate/Motion to Continue (“responses”) wherein it was indicated, inter alia, that Respondent had filed for Chapter 7 bankruptcy in Case No. 05-25160, United States Bankruptcy Court, District of Arizona on October 14, 2005. On November 17, 2005, Complainant filed his Supplement to Motion to Consolidate and Motion to Continue (“supplement”) which also acknowledged the existence of Respondent’s bankruptcy. On November 17, 2005 Case Management for the Office of Administrative Hearings confirmed Respondent’s bankruptcy. As a direct result of that bankruptcy petition, there now exists an automatic stay of proceedings against Respondent pursuant to 11 U.S.C. § 362(a). Based on the above, and good cause appearing, IT IS ORDERED that the hearing in this matter set for November 22, 2005 at 9:00 a.m. be and hereby is VACATED from the calendar of the Office of Administrative Hearings and the matter remanded to the Registrar of Contractors; and, IT IS RECOMMENDED that the Citation in Case M05- 2373, together with the Complaint upon which it is based, shall be closed unless and until Complainant files a notice with the Registrar of Contractors that he has obtained relief from the Bankruptcy Court from the aforesaid automatic stay. Done this day, November 17, 2005.

______________________ Brian E. Smith Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 2005 to:

Israel G. Torres, Director Registrar of Contractors ATTN: Alicia Guerra 800 West Washington, 6th Floor Phoenix, AZ 85007

Scobee Masonary 3317 N Heritage Way Chandler, AZ 85224

Scott Teasdale Anderson Brody Buchalter Neimer 4600 E Shea Blvd Ste 100 Phoenix, AZ 85028-6031

Scenic Vistas P.O. Box 4791 Cave Creek, AZ 85327

By _____________________ -----------------------

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