VACATE

99F-2228-ROC · Registrar of Contractors · 1999-11-15

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Prior to the commencement of the scheduled hearing, a prehearing conference was conducted with the parties’ counsel. At issue was the election of proceeding with the instant hearing or with a pending superior court action. Counsel met with their respective clients and have stipulated on the record that they will proceed with the action pending in Maricopa County Superior Court, No. CV99-02494, and that the instant hearing shall be vacated with the captioned case being stayed for a period of not less than six months. Should the circumstances arise that require a consideration of reopening the captioned case, counsel shall make an appropriate motion stating the reasons therefor and requesting the matter be reopened for the purpose of setting a new hearing date.

Accordingly, for good cause in that to proceed in the superior court is a more appropriate use of resources given the claims and defenses of the parties, the above entitled case is vacated from the calendar of the Office of Administrative Hearings and it is hereby: RECOMMENDED that this Citation, together with the Complaint upon which it is based, be closed without prejudice to being reopened upon an appropriate motion filed by either party. ENTERED this day, November 15, 1999.

_________________________________ Neal H. Jordan Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 1999, to:

Mr. Michael P. Goldwater, Director Registrar of Contractors ATTN: Joyce Armijo 800 West Washington, 6th Floor Phoenix, AZ 85007

Karen P. Merritt-Hunsaker, P.C. Attorney At Law Karen P. Merritt-Hunsaker, P.C. 5743 E. Thomas Road, Suite #1 Scottsdale, Arizona 85251-7501

Carol Lynn De Szendeffy, Esq. 7005 E. Cave Creek Road P.O. Box 2810 Carefree, Arizona 85377

R And S Development Co. P.O. Box 2645 Carefree, Arizona 85377

Rochelle Brown P.O. Box 5781 Carefree, Arizona 85377

By _______________________________

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