Vacate

09F-A0181-ROC · Registrar of Contractors · 2009-10-01

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

These consolidated matters are scheduled to convene for hearing via videoconference on October 14, 2009, pursuant to the Registrar of Contractors’ July 31, 2009 Notice of Hearing. On September 30, 2009, the parties, by and through counsel, filed via facsimile with the Office of Administrative Hearings the attached correspondence and Stipulation to Withdraw Motion to Dismiss Counterclaim and File Answer, and to Withdraw ROC Complaint Re: Case No. A09-0181/A09- 0181W (“Stipulation”). Therein, the parties related, inter alia, that they “are in agreement that litigating the construction defect allegations in one venue is more efficient in terms of time and costs incurred than litigating some of the same issues in two different venues concurrently…[and, as a result…Complainants] will immediately withdraw the ROC Complaint….” For purposes of these matters, and due to the content of the foregoing, the above referenced correspondence and Stipulation will collectively 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 October 14, 2009, at 8:15 a.m. be and hereby is 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, October 1, 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

Michael and Bonita Stein P.O. Box 7883 Cave Creek, AZ 85013

Matthew A. Stein, Esq. The Hudson Firm 8105 Irvine Center Drive Suite 1255 Irvine, CA 92618

Peterson Residential Contracting L L C 1119 W. Indian School Road Phoenix, AZ 85013

Paul R Peterson Construction Inc 1119 W. Indian School Road Phoenix, AZ 85013

P. Douglas Folk, Esq. Folk & Associates, P.C. 3636 North Central Avenue, Suite 600 Phoenix, AZ 85012-1935

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

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