Vacate

2021A-02832-CHC-ROC · Registrar of Contractors · 2022-01-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Patricia Ellen Gomes,

COMPLAINANT

v.

Prowest LLC,

License No. ROC 327529,

RESPONDENT

No. 2021A-02832-CHC-ROC

ORDER VACATING

HEARING

The hearing of this matter was scheduled to convene on October 27, 2021, at 1:00 p.m. On the date and time set for hearing, Complainant Patricia Gomes appeared on her own behalf with witness Brett Marks. Michael McCanse, Esq. represented Respondent Prowest LLC. Katie Porter and Cory Orszulak appeared as witnesses for Respondent. Registrar of Contractors Investigator Steve Klein was present.

The parties participated in a lengthy pre-hearing discussion outside the presence of the Administrative Law Judge. As a result of that discussion, the parties agreed to attempt to settle the matter. As a result, the hearing in the above-entitled matter was continued and set for a Status Update on December 13, 2021.

On December 10, 2021, the parties submitted the following Stipulated Status Update:

Pursuant to the November 1, 2021 Minute Entry Order, the parties hereby notify the Office of Administrative Hearings that they have agreed to a satisfactory settlement of this matter and are currently finalizing the settlement paperwork. To that end, the parties request that the court set another status conference in 30 days to give the time to finalize the settlement. In advance of the next status conference, the parties anticipate notifying the court that the matter is fully settled, and that the complaint can be dismissed.

Pursuant to the parties’ request, this matter was set for another Status Update on January 10, 2022. The parties did not submit a Status Update by the deadline date, and therefore, the parties were contacted on January 11, 2022, via email from the Office of Administrative Hearings requesting the scheduled Status Update.

On January 12, 2022, counsel for Respondent submitted the following correspondence to the Office of Administrative Hearings:

Prowest and Ms. Gomes have resolved their dispute and, from Prowest's perspective, Ms. Gomes' Complaint can be dismissed and the OAH need not take any further action on this matter. Ms. Gomes, can you please confirm for the Court that your Complaint can now be dismissed?

On January 12, 2022, the Office of Administrative Hearings sent the following email to Complainant:

Please provide a response to the attached status update filed by the attorney for the Respondent no later than 5:00 p.m. on 1/13/22, if not the matter will be vacated.

Complainant did not submit a response by 5:00 p.m. on January 13, 2022.

Therefore,

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 Arizona Registrar of Contractors for further action.

Done this day, January 14, 2022.

/s/ Sondra J. Vanella

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile January 14, 2022 to:

Jeffrey Fleetham, Director

Registrar of Contractors

c/o Legal Department

1700 W. Washington Street, Suite 105

Phoenix, AZ 85007

[email redacted]

Patricia Ellen Gomes

11117 N. 119th Way

Scottsdale, AZ 85259

[email redacted]

Prowest, LLC

724 W. University Dr., Ste. 101

Mesa, AZ 85201

[email redacted]

Steve Klein

[email redacted]

Michael A. McCanse, Esq.

[email redacted]

By c. serrano