Vacate
2020A-01355-CHC-ROC · Registrar of Contractors · 2020-09-23
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Denise Ebert
COMPLAINANT
v.
Fordel Development, LLC
License No. 284258,
RESPONDENT
No. 2020A-01355-CHC-ROC
ORDER VACATING
HEARING
The hearing of this matter was scheduled to convene on August 17, 2020. At the time set for hearing, the parties agreed to set this matter for a Status Update in order to allow for Respondent to perform agreed upon work at Complainant’s home.
On August 17, 2020, an Order Setting Status Date was issued to the parties containing the following instruction:
. . . the above-entitled matter is hereby set for a STATUS UPDATE ONLY. Prior to August 31, 2020, Complainant shall notify the Office of Administrative Hearings in writing of the status of this matter.
If the parties resolve the matter, Complainant should file a Motion to Vacate Hearing. If Complainant requests that the matter be placed on the calendar for hearing, both parties should provide several dates on which they and their witnesses are available to appear. . . .
On August 31, 2020, Respondent filed correspondence with the Office of Administrative Hearings advising of the following: “We have reached out to Denise Ebert 4 times since Sunday to try to arrange making repairs. She has not returned any calls or texts to date. At what point am I able to stop pursuing this?”
Complainant did not file a Status Update.
On September 2, 2020, an Order Re: Status Update was issued to the parties advising that Complainant would have until September 9, 2020, at 12:00 p.m. to file a Status Update. The Order further advised that if Complainant failed to do so, the matter would be vacated from the calendar of the Office of Administrative Hearings.
Complainant has not filed the requisite Status Update. It is presumed that the matter has been satisfactorily resolved and that Complainant no longer wishes to pursue her filed Complaint.
Based on the above,
IT IS HEREBY ORDERED that the hearing in this matter is vacated from the calendar of the Office of Administrative Hearings.
IT IS FURTHER ORDERED remanding this matter to the Director of the Arizona Registrar of Contractors for further action.
Done this day, September 23, 2020.
/s/ Sondra J. Vanella
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile September 23, 2020 to:
Jeffrey Fleetham, Director
Registrar of Contractors
c/o Legal Department
1700 W. Washington Street, Suite 105
Phoenix, AZ 85007
Fordel Development, LLC
4400 N. Scottsdale Rd. #9-279
Scottsdale, AZ 85251-3331
Fordel Development, LLC
5701 N Black Canyon Hwy.
Phoenix, AZ 85015
Denise Ebert
5063 W Cortez Street
Glendale, AZ 85304
Chris Fultz
[email redacted]
By