Minute Entry - Vacate

2016A-1544-RFA-ROC · Registrar of Contractors · 2017-05-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Based on a recent filing of Respondent’s Motion to Dismiss hearing and the exhibits provided in Respondent motion, Respondents asserts a breach and repudiation of the Settlement Agreement[1]; specifically, Covenants: (2) ROC Complaint, and (3) Mutual Release AND Complainant’s email dated 05/15/2017 affixed to Respondent’s Motion to Dismiss[2] referenced as Exhibit 3 wherein Complainant asserts a breach of the Settlement Agreement by Respondent and expressly stated its intent to pursue criminal and civil remedies against Respondent after the recovery fund hearing in the above-entitled matter ( affixed ■not affixed), the Administrative Law Judge, makes the following minute entry: For good cause appearing, this matter is vacated from the docket of the Office of Administrative Hearings and remanded for the following reason:

The parties have changed its position concerning the subject of the appeal.

The party requesting the hearing has voluntarily withdrawn.

The parties have resolved the matter.

The agency deems allegations admitted and has issued Findings of Facts, Conclusions of Law and Order.

The agency has remanded the matter to the Registrar. The parties have agreed to dismiss this matter.

Done this day, May 16, 2017.

Linda Marie Brown Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile May 16, 2017 to:

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

Respondent Chad Jeramy Chouinard DBA: Backyard Decore 476 E Christopher St San Tan Valley AZ 85140-5741

Respondent’s Counsel Michael W. Thai Lank & Klain, P.C. 8767 E. Via De Commercio, Suite 102 Scottsdale, AZ 85258 13

Complainant Elizabeth MPowe 6267 W Montebello Way Florence, AZ 85132-6785

ROCs Counsel John R. Tellier Esq. Office of the Attorney General 1275 W. Washington St. Phoenix, AZ 85007-2926

By M.Aguirre ----------------------- [1] See ProLaw 05/16/17 ELECTRONIC-RECMV RECEIVED MOTION TO VACATE 39081-687406.PDF [2] Sࠀࠨࠩ࠱࠲࠳࠷࠸ࡀࡁࡂࡖࡡࢨࢲࢳࢴࢽࣱࣲ࣐࣓ࣳच훭계鯖쓖횃杵杵疛䥘XᘝŨ娭㔀脈䩃䩏[3]䩑[4]䩞[5]䩡ᘝ籨騺㔀脈䩃䩏[6]䩑[7]䩞[8]䩡ᘚꥨ⩎䌀ᙊ伀Ɋ儀Ɋ帀Ɋ愀ᙊᘚ籨騺䌀ᙊ伀Ɋ儀Ɋ帀Ɋ愀ᙊȯ脈樃Tࠆᔁｨ此ᘀŨ 娭䌀ᙊ伀Ɋ儀Ɋ唀Ĉ䩞[9]䩡ᔠｨ此ᘀŨ娭䌀ᙊ伀Ɋ儀Ɋ帀Ɋ愀ee ProLaw Respondents Motion to Dismiss Exhibit 3

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