Order Holding Record Open

2007A-11037997-ROC · Registrar of Contractors · 2013-04-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

This compliance matter was heard on April 9, 2013, except for closing arguments. In addition to closing arguments, there is a pending Motion for Summary Judgment (submitted by Complainants and arguing that there is no need for an evidentiary hearing or further factual findings based on collateral estoppel due to a Superior Court Judgment in their favor) and an issue regarding transcripts of recorded telephone conversations between the parties. In order to address these matters, it is necessary to hold the record open in the following manner: IT IS HEREBY ORDERED that Respondent will have until April 26, 2013 to file a written response to the Motion for Summary Judgment. Complainants will then have until May 6, 2013 to file a written reply. IT IS FURTHER ORDERED that counsel have all recordings that are being submitted as evidence transcribed. The transcripts have already been numbered as R2, R11, and C12-1 through C12-10 (or higher if there are more than 10). Counsel shall compare the recordings with the transcripts (with the help of their clients) for accuracy and stipulate to the final version of the transcript for each recording. Those transcripts will then be admitted into evidence as stipulated. Counsel has until May 10, 2013 to do so. IT IS FURTHER ORDERED that telephonic closing arguments will be heard on Monday, May 13, 2013 at 4:00 PM and will be set for up to one hour. Counsel will be contacted at the telephone numbers listed on their filings with the tribunal, unless a different number is provided at least one hour before the telephone conference. If clients wish to “sit in” on the arguments, a telephone number must be provided at least one hour prior to the start time. No cell phones please. Also, if a client is “dropped” from the call for any reason, the argument will NOT be suspended but will continue through to conclusion. Finally, IT IS FURTHER ORDERED that the record will remain open in this matter until May 13, 2013. It will close with the conclusion of the telephonic closing arguments and the tribunal will issue a Recommended Decision within 20 days of May 13, 2013.

Done this day, April 10, 2013.

/s/ Eric A. Bryant Administrative Law Judge

Copy mailed/e-mailed/faxed April 10, 2013 to:

C. Adam Buck, Esq. THE FRUTKIN A LAW FIRM PLC 101 N. 1st Ave Ste 2410 Phoenix, AZ 85003-1902 [email redacted]

James B. Rolle III Esq. LAW OFFICE OF JAMES B. ROLLE 608 E Missouri Ave Ste E Phoenix, AZ 85012 [email redacted]

William A. Mundell, Director Registrar of Contractors c/o Legal Department 1700 W. Washington Street, Suite 105 Phoenix, AZ 85007

By: Cruz Serrano -----------------------

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