STATE OF HAWAII

HAWAII LABOR RELATIONS BOARD

In the Matter of CASE NO. OSH 2013-11 DIRECTOR, DEPARTMENT OF LABOR ORDER NO. 509 AND INDUSTRIAL RELATIONS, PRETRIAL ORDER Complainant, and

PACIFIC CONSULTANTS & CONSTRUCTION, INC.

Respondent.

PRETRIAL ORDER

Pursuant to the initial conference/ conference in this matter by the Hawaii Labor Relations Board (Board) on August 5, 2013, and attended by Herbert B.K. Lau, Deputy Attorney General, for Complainant and C.L. (Trey) Gilmore, III, for Respondent. IT IS HEREBY ORDERED THAT:

A. The issue to be determined at , as stated in the Notice of Contest, is:

Citation 1, Item 1: HAR 12-110-50(a).

B. The Board sets the following deadlines and hearing dates.

1. The deadline for Respondent to file a statement of affirmative defenses with the Board, with certificate of service on opposing party, is September 5, 2013. OSH 2013-11 Director, DLIR v. Pacific Consultants & Construction, Inc. ORDER NO. 509 PRETRIAL ORDER

2. The deadline for the parties' final naming of witnesses is September 16, 2013. Each party shall provide a list of the names of witnesses it plans to call at trial, along with the address of each witness and the general subject to which the witness will testify, to the other party and to the Board by this date.

3. The parties may engage in without a prior or showing of good cause. The discovery cutoff date is October 25, 2013, the date by which all responses to written discovery, including requests for admissions, shall be due and by which all depositions shall be concluded. The parties are advised to initiate discovery requests and notice depositions sufficiently in advance of the cut-off date to comply with this requirement. (All Discovery will be controlled by the Hawaii Rules of Civil Procedure.)

4. The deadline for the parties to file and exchange witness and exhibit lists is November 18, 2013. In identifying exhibits, Complainant shall use numbers and Respondent shall use the letters of the alphabet. The HIOSH investigative file shall be marked as Complainant's Exhibit 1. Three (3) hard copies and one (1) .pdf copy of the HIOSH investigative file shall be provided to the Board.

5. Trial in this matter is scheduled for November 25 and 26, 2013 at 9:00 a.m. in the Board's hearing room located at 830 Punchbowl Street, Room 434, Honolulu, Hawaii, 96813. The trial may be continued by the Board until completed.

C. Hereafter, this Pretrial Order shall control the course of proceedings and may not be amended except by consent of the parties and the Board, or by order of the Board. Any request by a party to change any of the dates herein must be made by filing a motion.

2 OSH 2013-11 Director, DLIR v. Pacific Consultants & Construction, Inc. ORDER NO. 509 PRETRIAL ORDER

DATED: Honolulu, Hawaii, August 6, 2013

HAWAII LABOR RELATIONS BOARD

a_AQ:)(40-le-Dr NO, SESNITA A. D. MOEP Member

e4—A.— 1). ROCK B. LEY, Member

NOTICE TO EMPLOYER You are required to post a copy of this Order at or near where citations under the Hawaii Occupational Safety and Health Law are posted at least five working days prior to the trial date. Further, you are required to furnish a copy of this Order to a duly recognized representative of the employees, if any, at least five working days prior to the trial date.

Copies sent to:

Herbert B.K. Lau, Deputy Attorney General C.L. (Trey) Gilmer, III, President, Pacific Consultants & Construction, Inc.

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