Cavanagh Communities Corporation

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IN THE MAlTER OF CAVANAGH COMMUNITIES CORPORATION, ET AL.

Docket 9055. Interlocutory Order. July 26: 1977 Denial of respondents' motion to withdraw matter from adjudication. ORDER DENYING RESPONDENTS' MOTION To WITHDRAW MATTER FROM ADJUDJCATION The administrative law judge has certifed to the Commission respondents' motion to withdraw this matter from adjudication for settlement purposes, together with his recommendation that the motion be granted. The motion is opposed by complaint counsel. Although we agree with the ALJ that progress has been made in drafting an order that would obviate the need for litigation, we cannot now find that there is a suffcient "likelihood of settlement, Rules of Practice, Section 3.25(c), to warrant a further delay of the trial. Instead, we urge the parties to continue their negotiations. In the event negotiations are unsuccessful and respondents choose to renew their motion to withdraw, respondents should include in their submission a revised consent agreement that reflects any changes in their position since the original proffered consent was fied. If the ALJ certifies the motion, we would expect to receive more substantial justification in support of the proffered order. In assessing the adequacy of remedial provisions, for example, it would be helpful if any future submission included the appraisal and absorption study now being conducted and respondents' substantiation of the reasonableness of their proposed default limitation. Respondents' motion is accordingly denied. It i.s so ordered.

1 We do not mean to BuggeBt that there would be a likelihoo of settement" if the two issuea to which theo materials relute were satisfactorily resolved. 129 Order