STATE OF HAWAII

DIRECTOR, DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS,

Complainant,

and

TORY'S ROOFING AND WATERPROFFING, INC.,

In the Matter of

HAWAII LABOR RELATIONS BOARD

CASE NO. OSH 2015-25

ORDER NO. 736

ORDER GRANTING COMPLAINANT DIRECTOR, DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS' MOTION TO COMPEL DISCOVERY FROM RESPONDENT TORY'S ROOFING AND WATERPROOFING, INC.; AMENDED PRETRIAL ORDER

Respondent.

ORDER GRANTING COMPLAINANT DIRECTOR, DEPARTMENT OF LABOR AND INDUSTRIAL

RELATIONS' MOTION TO COMPEL DISCOVERY FROM RESPONDENT TORY'S ROOFING AND WATERPROOFING, INC.

On November 17, 2015, Complainant DIRECTOR, DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS (Complainant or Director), by and through her attorney, J. Gerard Lam, Deputy Attorney General, filed Director's Motion to Compel Discovery (Motion) from Respondent TORY'S ROOFING AND WATERPROOFING, INC. (Respondent) in accordance with Hawaii Rules of Civil Procedure (HRCP) Rules 33(b)(3) and 34 (requiring answers within 30 days after service), and HRCP Rule 7(e)(adding 2 days to answers when service was by mail) and based on the Declaration of J. Gerard Lam (Declaration) and the records and files herein.

In Complainant's Motion and Declaration attached to the Motion, Mr. Lam made the following statements. On October 5, 2015, Director filed and served Respondent by mail with a Request for Answers to Interrogatories and' a Request for Production of Documents (collectively Discovery Requests). PAiSuant to the fIRCP Rules cited above, Respondent's responses were due on Novembeir6,. 2015, howeVer Respondent did not respond at all. On November 9, 2015, the DirectO'S counsel wrote Respondent requesting Respondent's response to Director's Discovery Requests. by No'vember 16, 2015. Again, no response was forthcoming from Respondent.

Therefore, Director requests the Board issue &border 1) compelling Respondent to answer the Director's Discovery Requests, and 2) continuing all pending deadlines in this case by at least three (3) months to allow the Director time to conduct discovery and prepare for trial.

EFiled: Dec 21 2015 03:35PM HAST Transaction ID 58329394

Case No. 2015-25

Under Rule 33(b)(3) of the HRCOP and Rule 34 (b) of the HRCP respectively, Respondent had 30 days after the Discovery Requests to serve a written response, or, in the case of Answers to Interrogatories, to serve objections and did not do so. Also, Respondent had five (5) days after service of Complainant's November 17, 2015 Motion to serve any opposition to the Motion and did not do so. Accordingly the Board HEREBY GRANTS the Director's November 17, 2015 Motion and ORDERS Respondent to answer the Director's Discovery Requests within fourteen (14) calendar days from the date of this Order. The Board also extends the discovery deadlines in this matter as stated below.

AMENDED PRETRIAL ORDER

The Board HEREBY establishes the following deadlines and hearing date, amending the Pretrial Order in this matter filed October 2, 2015, as follows:

Discovery Cutoff Date: Deadline for Parties to Exchange Exhibit Lists: Deadline to File and Exchange Copies of Proposed Exhibits: Hearing Date, Time:

The hearing in this matter will be held in the Board's hearing room located at 830 Punchbowl Street, Room 434, Honolulu, Hawaii, 96813.

March 14, 2016 April 6, 2016 April 11, 2016 April 13, 2016 at 9:00 a.m.

All other information and instructions contained in the Board's October 2, 2015 Pretrial Order in this matter remains in effect and unchanged. Hereafter, this Pretrial Order shall control the course of proceedings, including the scheduled trial date, and may not be amended except by a request by a party with written consent of the parties and the Board, and by an order granting motion filed with the Board.

DATED: Honolulu, Hawaii, December 21, 2015

HAWAII LABOR RELATIONS BOARD 010110%,„0

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I 3t' ; M. KOMATSUBARA, Chair I

ROCK B. LEY, Member c)

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SESNITA A.D. MOEPONO, Member

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DLIR v. TORY'S ROOFING AND WATERPROOFING, INC. CASE NO. OSH 2015-25 ORDER GRANTING COMPLAINANT DIRECTOR, DEPARTMENT OF LABOR

AND INDUSTRIAL RELATIONS' MOTION TO COMPEL DISCOVERY FROM RESPONDENT

TORY'S ROOFING AND WATERPROOFING, INC.; AMENDED PRETRIAL ORDER ORDER NO. 736

NOTICE TO EMPLOYER

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

c: Michael W. Tory, Vice President, Tory's Roofing and Waterproofing, Inc. J. Gerard Lam, Deputy Attorney General

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