ORDERS:
ORDER OF DEFAULT
Pursuant to ALJD Rule 23, a default occurs in a contested case when a party fails to respond
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 Administrative Law Judge issued an Order for Prehearing
Statements on March 30, 1998, requiring the parties to file Prehearing Statements with the Court on
or before April 20, 1998. Respondent filed its Prehearing Statement with the Court on April 16,
1998. By letter dated May 6, 1998, the Court informed Petitioner Melvin Carabo that his Prehearing
Statement was past due and that if the Prehearing Statement was not filed with the Court on or before
May 18, 1998, the above matter would be dismissed pursuant to ALJD Rule 23 for failure to comply
with the Order. As of the date of this Order, Petitioner Melvin Carabo has not filed a Prehearing
Statement with the Court and is in default.
Adequate notice of the terms of the Order and the consequences for failure to comply was
given to Petitioner, and he 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).
Furthermore, Kelly D. H. Lowry, Attorney for Respondent, filed a Motion with the Court on
May 21, 1998, to dismiss the above matter pursuant to ALJD Rule 23. Respondent's Motion to
Dismiss is granted.
IT IS THEREFORE ORDERED that the Petitioner, Melvin Carabo is in default and that
the above-captioned case bearing Docket Number 98-ALJ-07-0153-CC is hereby dismissed with
prejudice against Petitioner. The relief requested by Respondent in its Prehearing Statement is
hereby granted, including the imposition of any conditions, penalties, or injunctive relief sought and
enumerated therein. Respondent's Prehearing Statement is incorporated herein by reference as a part
of this Order.
AND IT IS SO ORDERED.
_______________________________________
STEPHEN P. BATES
ADMINISTRATIVE LAW JUDGE
May 28, 1998
Columbia, South Carolina |
