Vacate

07F-A0276-ROC · Registrar of Contractors · 2008-12-09

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|LANDSCAPES BY SONSCAPES L L C | | | | | | | |COMPLAINANT, | | | | | | | |-v- | | | | | | | | | | | |License No. 121171, Class B | |No. 07F-A0276-ROC | |READ DEVELOPMENT INC (CORP) | |08F-A0203-ROC | | | | | | | |ORDER VACATING | |RESPONDENT. | |HEARING | | | | | | | | | | | | | |READ DEVELOPMENT | | | | | | | |COMPLAINANT, | | | | | | | |-v- | | | | | | | |License No. 148342, Class K-21 of | | | |LANDSCAPES BY SONSCAPES LLC | | | |(LLC) | | | | | | | |Respondent. | | | | | | | | | | | | | | |

These consolidated matters initially convened for hearing via videoconference on July 28, 2008. A further hearing was held September 4, 2008 at which time the parties did not conclude the presentation of evidence. As a result, a second further hearing was scheduled for December 11, 2008. On December 8, 2008, the parties, by and through Al Setter for Landscapes by Sonscapes, L.L.C. and counsel for Read Development, filed via facsimile with the Office of Administrative Hearings the attached Stipulation for Dismissal With Prejudice (“stipulation”) wherein it was noted that the parties “have settled all disputes pending under the above numbered Complaints/matters” and stipulated that the same “proceedings be dismissed with prejudice and that any hearings or proceedings scheduled thereon be vacated.” For purposes of these consolidated matters, and due to the content of the foregoing, the above-referenced stipulation will be deemed to be a motion to vacate the instant further hearing pursuant to A.A.C. R2-19- 111(1). Based on the foregoing, and sufficient cause other wise appearing, IT IS ORDERED that the further hearing in these consolidated matters set for December 11, 2008 at 9:00 a.m. via videoconference be and hereby are VACATED from the calendar of the Office of Administrative Hearings; and, IT IS FURTHER ORDERED that these matters be remanded to the Registrar of Contractors for further appropriate action. Done this day, December 9, 2008.

_______________________ Brian E. Smith Administrative Law Judge

Copy mailed this ____ day of ______________, 2008 to:

Armando Contreras, Director Registrar of Contractors 3838 N. Central Ave. Phoenix, AZ 85012

Thomas P. Kack, Esq. MUSGROVE, DRUTZ & KACK, P.C. 1135 Iron Springs Road Prescott, AZ 86301

Read Development, Inc. 6594 E. Second St., Ste. D Prescott Valley, AZ 86314

Read Development, Inc. 420 Stevens Ave, Suite 230 Solana Beach, CA 92975

Read Development, Inc. 731 S. Highway 101 #12 Solana Beach, CA 92075

Landscapes by Sonscapes, LLC P.O. Box 25583 Prescott Valley, AZ 86312

By _______________________ -----------------------

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