Minute Entry Continuance

2023A-04969-NPC-ROC · Registrar of Contractors · 2023-07-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The Sherwin Williams Company,

COMPLAINANT,

v.

Jack of All Paints, LLC

License No. ROC 323025,

RESPONDENT.

No. 2023A-04969-NPC-ROC

MINUTE ENTRY - GRANTING CONTINUANCE

AND SETTING STATUS DATE

The hearing of this matter convened on July 17, 2023, at 9:00 a.m. James Reed Esq. represented The Sherwin Williams Company (“Complainant”). Complainant’s Division Director, Karl Oswald, was present. Edmund Miller appeared on behalf of Jack of All Paints, LLC (“Respondent”).

After opening statements and during a recess outside of the presence of the Administrative Law Judge, the parties participated in a settlement discussion. As a result of that discussion, the parties reached a resolution, however, needed additional time in which to execute the resolution as it involves a payment plan over the course of a twelve (12) month period.

The parties stipulated that Respondent owes Complainant $21,196.44, and that Respondent would make twelve (12) monthly payments in the amount of $1,766.37. The parties further stipulated that in the event Respondent defaults, Complainant will notify the Office of Administrative Hearings and a Decision and Order will issue concluding that Respondent has violated the charged provision of the State’s contracting laws, and recommending discipline be imposed upon Respondent’s license based on that violation.

In light of the above, and good cause appearing, the hearing in the above-entitled matter is continued and set for a Status Update on November 20, 2023. On or before this date, Complainant is advised to do one of the following:

Inform the tribunal that the matter has been satisfactorily resolved by submitting a Motion to Vacate the hearing;

Inform the tribunal that the parties need additional time to resolve the matter by submitting a Motion to Continue and reset for Status by 30-days, 45-days, or 60-days; or

Inform the tribunal that the parties are unable to resolve their dispute and request that a Decision and Order issue due to Respondent’s default, as agreed upon by the parties.

Done this day, July 18, 2023.

/s/ Sondra J. Vanella

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile to:

Martín Quezada, Director

Registrar of Contractors

c/o Legal Department

1700 W. Washington Street, Suite 105

Phoenix, AZ 85007

[email redacted]

Jack of All Paints, LLC

6330 E. Main St., Ste. 9

Mesa, AZ 85205

[email redacted]

James B. Reed, Esq.

Udall Shumway, PLC

1138 N. Alma School Road, Suite 101

Mesa, AZ 85201

[email redacted]

By: OAH Staff