Legalectric

What a relief. The ALJ on the Overland v. Iocco, Iocco for Red Wing Mayor, RRJ Redwing LLC, and Wilson Oil has rescheduled the hearing, she did not toss it out after I failed to appear (I had the wrong conference code, MY ERROR! AAACK!):

The matter logically goes on to a probable cause hearing because the lease shows that it was indeed a corporate contribution — a corporation signed the lease. Wilson Oil was logically dismissed because Gary Iocco produced a copy of the lease, late the evening before the October 1st hearing, which I then filed with OAH and also cover letter stating that I’d withdraw the Complaint against Wilson Oil as it was Dehn Oil that signed the lease. RRJ Redwing, LLC is an offshoot of Dehn Oil, and that’s where it gets sticky.

Here’s the lease:

It gets complicated, because RRJ Redwing, LLC owns the real estate, not Dehn Oil, though RRJ Redwing is an offshoot of Dehn Oil, yet the “Dehn Oil” rep signed the lease as “Dehn Oil.” And OH-NOOOOOO, the one signing for Dehn Oil is my wonderful neighbor who gives my cats frequent visits when we’re gone, making sure they’re not lonely… I’m SO glad it’s the corporations who will be held responsible, under Minn. Stat. 211B.15. But what authority does Dehn Oil have to lease RRJ Redwing, LLC property?

Something else noteworthy, though it’s purely academic because Wilson Oil has been dismissed: Mike Wilson said during the Probable Cause hearing that he has had nothing to do with Wilson Oil since he sold it, but the Secretary of State filings show that every year since 2017 the Annual Renewal has been filed, and though all that time has passed, Wilson remains CEO and the Principal Executive Office Address remains 2355 Old West Main.

Wilson claims to have sold it in 2017, but here’s the record of the Annual Renewal filings — over seven years he’s not changed the registration, AND on top of that, he was specifically informed of this during the September 19, 2024 Probable Cause Hearing #1, claimed he “didn’t know how that happened,” and “he’d have to talk to his attorneys,” blah blah blah, and as of today, October 8, he still hasn’t changed it:

And look at the footer on the lease (lease above). During Probable Cause Hearing, Wilson refused to give the judge an email to use in this proceeding. How long, how much effort, is required to set up a gmail account? DOH!

Here’s what he had to say when the ALJ requested an email:

He says his mail always goes to the P.O. Box, yes, P.O. Box 162. Hmmmm, again, look at the footer on the lease:

Well, well, well, wouldja lookie there, P.O. Box 162, that’s Mike Wilson’s P.O. Box for HIS mail, at least that’s what he told the judge, and it’s also the mailing address for Wilson Oil, based on the footer right there on Wilson Oil letterhead as of 7/19/2024, SEVEN YEARS after the sale! And I wonder who that wilsonoilco@gmail.com email would go to?

Anyway, here we go, another Probable Cause Hearing, date, time, and CONFERENCE CODE on the calendar in pen, set up as an alarm, and on a post-it above my screen — I’m wondering if I should tattoo the conference code on my hand:

Joyce Vance does a great SUCCINCT job explaining.

Here it is, the brief that everyone’s twitting about:

There’s always a first time…

Today was the Probable Cause hearing on the Overland Complaint — Carol A. Overland, Complainant, v. Gary Iocco, Iocco for Red Wing Mayor, RRJ Redwing LLC, and Wilson Oil Co, Respondents, OAH File 21-0325-40299.

Last night I’d received a copy of the Lease, which answer some questions (but leaves others open), and so I wrote up a letter and filed the lease with OAH and sent around to the parties.

Because the lease is between Dehn Oil and Gary Iocco, that takes Wilson Oil out of the mix, so I put in writing that I’d withdraw Wilson Oil from the Complaint and filed that late last night. However, Dehn Oil is not the owner of the property, it’s RRJ Red Wing, LLC, so what does that mean??

Probable Cause hearing… it’s 10:00 a.m, well, 9:59 a.m. rolls around, and I call in and get put in queue to wait for “leader” to open the line. Wait… wait… wait… and WAIT.. 13 minutes on hold, that’s very unusual, and so I called back, waited another 4 minutes, and it’s way late and odd. I tried and tried and tried… next I emailed the staff person who had sent out the notice, called the general line trying to reach someone, and finally got ahold of a real human, and got the bad news…

I HAD THE WRONG CONFERENCE CODE!

The correct conference code was on page 8 of the pdf Notice, not page 1! And then I was told even worse news — that the Complaint had been dismissed, default, because I didn’t show up! AAAAAAACK!

Yes, I tried and tried, but as Eddie Berger often said, “Tryin’ is lyin’, ’cause if you were tryin’, you’d be doin’ it!”

… sigh… Never has that happened in 29 years of practice. Utter disaster. You could probably see the mushroom cloud when my head exploded.

BUT, all is not lost… There is some good news! I got a call from an OAH staff attorney who told me that the oral Motion to Dismiss had been “taken under advisement,” and if I wanted to challenge, I had to get that filed by 4:30 on Friday. OK, no problem, I can do that!

WHEW, so there is hope… and here we go!

This below has been filed at Office of Administrative Hearings, emailed to those I have emails for, and mailed by U.S. Mail to ALL. When we have proof in hand that there’s been a significant prohibited corporate contribution, per Minn. Stat. §211B.15, I sure hope this does go forward.

Now we wait…