Vacate

07F-H067026-BFS · Department of Fire Building and Life Safety - H/C · 2007-04-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Petitioner filed a Motion to Dismiss this matter without prejudice on

March 22, 2007. On March 23, 2007, Respondent filed a Response to Petitioner’s motion for dismissal, requesting that the matter be dismissed with prejudice for the reason that Respondent had been forced to spend “significant time and money in response to the Petition to date, including interviewing witnesses, preparing dozens of exhibits and its Disclosure Statement and evaluating Petitioner’s claims.” By Order of the Office of Administrative Hearings issued on March 23, 2007, Petitioner was advised that any dismissal would result in the loss of the filing fee. The Order gave Petitioner an opportunity to “confirm the Motion for Dismissal or withdraw the Motion by April 3, 2007.” On March 28, 2007, Petitioner filed a Motion to Stay the proceedings on the bases that he was still in the process of confirming a “clouded title issue,” and that he was having difficulty retaining counsel to represent him. On March 29, 2007, Respondent filed a Response to Petitioner’s Motion to Stay, requesting that the stay be denied and, again, requesting that this matter be dismissed with prejudice. On March 29, 2007, the Office of Administrative Hearings issued an Order denying Petitioner’s request for a stay. As of this date, Petitioner has failed to either confirm or withdraw the Motion to Dismiss as required by the Order issued by this Office on March 23, 2007. Therefore, IT IS ORDERED granting Petitioner’s Motion to Dismiss without prejudice and vacating the hearing set for April 25, 2007. IT IS FURTHER ORDERED denying Respondent’s Motion that the dismissal be with prejudice.

Done this 12th day of April, 2007.

______________________________________ Michael K. Carroll Administrative Law Judge

Copy mailed this ____ day of ______________, 2007 to:

Robert Barger, Director Department of Fire Building and Life Safety - H/C ATTN: Joyce Kesterman 1110 W. Washington, Suite 100 Phoenix, AZ 85007

Leo F. Kimminau 107 E. Horizon Circle Tucson, AZ 85737 Petitioner

David A. McEvoy, Esq. McEvoy, Daniels & Darcy, P.C. 4560 E. Camp Lowell Drive Tucson, AZ 85716 Attorney for Respondent

By ___________________________

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