ORDERS:
ORDER OF DISMISSAL
Pursuant to ALJD Rule 23, a default occurs in a contested case when a party fails to plead or otherwise prosecute or defend,
or fails to comply with any interlocutory order of the administrative law judge. An administrative law judge may dismiss
or dispose of a contested case adversely to the defaulting party.
Pursuant to ALJD Rule 8, the undersigned issued an Order for Prehearing Statements and Notice of Hearing on November
20, 2002, requiring the parties to file Prehearing Statements with the Administrative Law Judge Division ("ALJD") on or
before December 10, 2002. The Order informed the parties that failure to timely file and serve the Prehearing Statement
will result in a finding of default pursuant to ALJD Rule 23 and may result in dismissal or termination of the action adverse
to the defaulting party.
The Respondent filed its Prehearing Statement with the ALJD on December 10, 2002. As of December 19, 2002, the
Petitioner has not filed a Prehearing Statement with the ALJD, nor has the Petitioner contacted the ALJD. The Petitioner is
in default.
Adequate notice was given to the Petitioner of the terms of the Order and the consequences for failure to comply. The
Petitioner was provided abundant opportunity to comply. "There is a limit beyond which the court should not allow a
litigant to consume the time of the court...." Georganne Apparel, Inc. v. Todd, 303 S.C. 87, 92, 399 S.E.2d 16, 19 (Ct.
App. 1990).
IT IS THEREFORE ORDERED that the Petitioner, ASC Geosciences, Inc., is in default and that the above-captioned
case bearing Docket Number 02-ALJ-19-0480-CC is hereby dismissed with prejudice against the Petitioner. The relief
requested by Respondent in its Prehearing Statement is hereby granted.
AND IT IS SO ORDERED.
_______________________________________
C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
December 19, 2002
Columbia, South Carolina |