Vacate

08F-2007W-ROC · Registrar of Contractors · 2008-10-20

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|H B I CONSTRUCTION INCORPORATED | | | |(FN) | | | | | | | |COMPLAINANT, | | | |-v- | |No. 08F-2007-ROC | | | |08F-2007W-ROC | |License No. 228651, Class A | | | |of CAPITAL EXCAVATING COMMERCIAL L | |ORDER VACATING | |L C (LLC) | |HEARING | |License No. 145670, Class A- | | | |of CAPITAL EXCAVATING INC (CORP) | | | | | | | |RESPONDENT. | | | | | | | | | | | | | | |

This matter is tentatively scheduled to convene for hearing December 17, 2008 pursuant to the docket of the Office of Administrative Hearings. On September 29, 2008, the parties hereto filed via facsimile with the Registrar of Contractors the attached Joint Stipulation to Dismiss Actions Without Prejudice. Therein, the parties advised that they had mutually agreed to “withdraw their Registrar of Contractors claims and have the two cases dismissed, without prejudice to the parties’ rights to pursue their remedies in the Superior Court litigation.” A copy of the stipulation was received by the Office of Administrative Hearings on October 17, 2008. For purposes of this matter, and due to the content of the foregoing, the above-referenced stipulation will be deemed to be a motion to vacate the instant hearing pursuant to A.A.C. R2-19-111(1). Based on the foregoing, and sufficient cause otherwise appearing, IT IS ORDERED that the hearing in this matter set for December 17, 2008 at 9:00 a.m. be and hereby is VACATED from the calendar of the Office of Administrative Hearings; and, IT IS FURTHER ORDERED that this matter be remanded to the Registrar of Contractors for appropriate further action. Done this day, October 20, 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

S. Gregory Jones, Esq. Kelly K. Johnson, Esq. Ryley Carlock & Applewhite One North Central Avenue Phoenix, AZ 85004-4417

Jeffery M. Hall, Esq. P.O. Box 51955 Phoenix, AZ 85076-1955

Capital Excavating Commercial LLC 931 E. Southern Ave., Ste. 210 Mesa, AZ 85204

Capital Excavating, Inc. 931 E. Southern Ave. Mesa, AZ 85204

HBI Construction Inc. 4921 Birch Street, Ste. 1 Newport Beach, CA 02660

H B I Construction Inc. 2985 W. Ray Rd. Chandler, AZ 85224

Ronal Brown, Esq. 901 Dove Street, Ste. 120 Newport Beach, CA 92660-3018

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

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