Vacate: Settlement Recommendation

2011A-2712-ROC · Registrar of Contractors · 2011-12-21

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

On December 21, 2011, the parties appeared at the appointed time and place for hearing in this matter. Complainant was represented by attorney Fred Welch. Respondent was represented by attorney John Churchill. After opening statements were hearing, the parties discussed the case off the record. Back on the record, the parties informed the Administrative Law Judge that they had reached agreement and did not need to continue the formal hearing process. The parties will write up a written agreement and release, but they also put the terms of the agreement on the record for this matter. The terms include settlement of a civil court case filed by Respondent against Complainant for payment. The terms of the parties’ agreement are as follows: The parties agree that this agreement settles all matters between them. Complainant will pay Respondent $9.000.00 within the next 90 days. Complainant withdraws the ROC complaint against Respondent. Respondent agrees to request dismissal of the civil suit upon payment of the $9,000.00 from Complainant. Each party will bear their own attorney fees and costs. The parties are aware that, as stated in the Notice of Hearing under “Resolution Short of Adjudication,” upon notice of this settlement and Complainants’ withdrawal of the complaint, the Registrar of Contractors will close the complaint and note it as “resolved/settled/withdrawn.” Good cause appearing, and based on withdrawal of the complaint,

IT IS RECOMMENDED that the Registrar of Contractors close this matter.

Done this 21st day of December 2011.

Office of Administrative Hearings

______________________________ Eric A. Bryant Administrative Law Judge

Copies sent this ___ day of December 2011 to:

Fred H. Welch, Esq. Fred H. Welch PLLC 5130 W. Baseline Rd., Ste. 117 PMB 50 Laveen, AZ 85339-2988 [email redacted]

John C. Churchill, Esq. Law Offices of John C. Churchill 1300 Joshua Avenue, Suite B Parker, AZ 85344 [email redacted]

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

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

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