Vacate

2011A-5218-ROC · Registrar of Contractors · 2012-03-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|True To Form Inc. | |No. 2011A-5218-ROC | | | | | |COMPLAINANT | | | | | | | |-v- | | | | | | | |License No. B-1.151737-C of | |ORDER VACATING | |Simmons Construction LLC | |HEARING DUE TO WITHDRAWAL | | | | | |RESPONDENT | | | | | | |

On March 20, 2012, the parties appeared at the appointed time and place for hearing in this no-pay matter. Complainant was represented by Emilie Suzanne Bell, Esq., Bell Law PLC, accompanied by Complainant’s President Arthur Karge. Respondent was represented by Kevin J. Bonner, Esq., Fennemore Craig, PC, accompanied by Respondent’s Managing Member and Qualifying Party Todd Simmons. During opening statements, the parties informed the Administrative Law Judge that a matter between the parties concerning the same contract as this complaint is pending in Superior Court. After the opening statement portion of the hearing, Complainant determined, after consultation with counsel, that it would withdraw the complaint. Complainant was informed by the Administrative Law Judge that, if Complainant obtained a court judgment against Respondent that was not timely paid, Complainant could file a complaint based on that judgment. Good cause appearing, and based on withdrawal of the complaint, IT IS RECOMMENDED that the Registrar of Contractors close this matter.

Done this 20th day of March 2012.

Office of Administrative Hearings

______________________________ Eric A. Bryant Administrative Law Judge

. . .

Copies mailed this ___ day of March 2012 to:

Emilie Bell, Esq. 17015 N. Scottsdale Rd. Ste 130 Scottsdale, AZ 85255-5883

Kevin J Bonner, Esq. Fennemore Craig PC Stephen Brower, Esq. 3003 North Central Avenue, Suite 2600 Phoenix, AZ 85012-2913

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