CASE NO. 90-ERA-1

In the Matter of

RAMESH JAIN
    Complainant

    v.

SACRAMENTO MUNICIPAL UTILITY DISTRICT
    Respondent

   Respondent's Motion for Dismissal, filed November 13, 1989, is denied, subject to renewal as a Motion for Summary Decision at the close of hearing.

   Complainant's request, filed November 15, 1989, for an order to produce Warn Peabody as a witness is denied. Each party is responsible for producing its own witnesses; further, considering the expedited procedures applicable to this proceeding, the short time remaining (less than two work-days) before the scheduled hearing, complainant's assertions regarding the testimony to be elicited, and his own ability and opportunity to testify concerning the same matter(s), the use of a subpoena for this purpose is deemed inappropriate.

   SO ORDERED.

       ALFRED LINDEMAN
       Administrative Law Judge

Dated:
San Francisco, California