Vacate

08F-1879-ROC · Registrar of Contractors · 2009-09-11

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

On September 11, 2009, counsel for Complainant filed via facsimile with the Office of Administrative Hearings a Motion to Vacate Hearing (“motion”) wherein was referenced information pertaining to Respondent’s reported filing of a petition for Chapter 11 bankruptcy protection. In accordance with Office of Administrative Hearings policy, the undersigned directed Case Management to verify such filing which resulted in this tribunal’s receipt of a Notice of Bankruptcy Case Filing in case number 2:09-bk-18617-GBN which was assigned to the Honorable George B. Nielson as reported by Complainant. As a direct result of that bankruptcy petition, there now exists an automatic stay of proceedings against Respondent pursuant to U.S.C. § 362(a). The hearing in this matter is scheduled to convene September 15, 2009. This tribunal takes administrative notice of Respondent’s bankruptcy petition and its effect on any matter involving Respondent including 08F- 1879-ROC. Based on the above, and good cause appearing, IT IS ORDERED that the above-entitled case is VACATED from the calendar of the Office of Administrative Hearings and remanded to the Registrar of Contractors; IT IS FURTHER ORDERED that the hearing set to commence September 15, 2009 at 9:00 a.m. be and hereby is VACATED; and, IT IS RECOMMENDED that the Citation in Case No. 08-1879, together with the Complaint upon which it is based, shall be closed unless and until Complainant files and notice with the Registrar of Contractors that it has obtained relief from the aforesaid automatic stay in Bankruptcy Court. Done this day, September 11, 2009.

________________________ Brian E. Smith Administrative Law Judge

Copy mailed this ____ day of ______________, 2009 to:

William A. Mundell, Director Registrar of Contractors c/o Legal Department 3838 N. Central Ave. Phoenix, AZ 85012

Montevina Estate Homes LLC 30610 N. 52nd Place Cave Creek, AZ 85331

Charles Hulstrand, Esq. 1811 South Alma School Road, Suite 245 Mesa, AZ 85210

Vintage Millworks Inc 5136 S. Desert View Dr. Apache Junction, AZ 85220

By ___________________________ -----------------------

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