ORDER

2023A-10180-CHC-ROC · Registrar of Contractors · 2024-08-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Michael Schumacher,

COMPLAINANT,

v.

Unique Walls Plus, LLC

License No. ROC 336072,

RESPONDENT.

Nos. 2023A-08870-CHC-ROC

2023A-10180-CHC-ROC

ORDER DENYING PARTIAL

QUASH OF SUBPOENA

The Tribunal is in receipt of correspondence from Luis Ochoa who was served a subpoena that requested the following documents be produced:

Schumacher Residence Project:

For complaint number 2023-10180 involving concrete and external wall work at 12766 Rhodes Way, Casa Grande AZ 85194 (the “Schumacher Residence Project”), and the framing attached thereto, provide the following:

1) All bids, estimates, contracts, agreements, invoices, progress payments, cancelled checks made to others or made to you or any entity associated with you, payments to material suppliers including but not limited to 84 Lumber or payments or records of cash provided to you for materials or labor, payment receipts, or any other document related to the Schumacher Residence Project from July 1, 2022 to February 1, 2024.

2) Any bank statements showing the deposit of cash from Jim Schumacher or anyone related to the Schumacher Resident Project.

3) All communications, including text messages or emails, between you and anyone associated with the Schumacher Residence Project, including but not limited to James Schumacher a/k/a Jim Schumacher, Michael Schumacher, or 84 Lumber.

4) Any documents within your possession or control showing any license associated with you issued by the Registrar of Contractors of the State of Arizona.

5) Copies of any insurance policy or bond associated with you or any entity

associated with you.

Mr. Ochoa has objected to producing the requested text messages “for almost a two year period,” claiming that the request is “unreasonable and poses an undue burden . . .” Respondent has not filed a response to the objection.

The only item with which Mr. Ochoa takes issue are the text messages. However, the request is limited primarily to those texts with James Schumacher a/k/a Jim Schumacher, Michael Schumacher, or 84 Lumber. Therefore, those text messages should, in theory, be readily available to locate and copy if searched for in Mr. Ochoa’s “contacts.”

Therefore, upon review and consideration of Mr. Ochoa’s request,

IT IS ORDERED DENYING Mr. Ochoa’s request for a partial quash of the subpoena.

IT IS FURTHER ORDERED that Mr. Ochoa comply with the terms of the subpoena.

Done this day, August 12, 2024.

/s/ Sondra J. Vanella

Administrative Law Judge

Transmitted by e-mail to:

Tom Cole, Director

Registrar of Contractors

c/o Legal Department

[email redacted]

Aaron King

[email redacted]

Michael Schumacher

[email redacted]

Edwinus M. Van Vianen

Fitzgibbons Law

[email redacted]

Mark Molique

Molique Law, PLLC

[email redacted]

[email redacted]

Luis Ochoa

[email redacted]

By: OAH Staff