ORDERS:
ORDER OF DISMISSAL
Pursuant to this tribunal's order of June 4, 1998, each party was required to file prehearing
statements with the Administrative Law Judge Division and serve all parties within fifteen (15) days
of the order. However, the Petitioner, Erica Pansy Smith, has not responded to the order for
prehearing statements nor to a letter dated June 30, 1998. ALJD Rule 23 provides:
The administrative law judge may dismiss a contested case or dispose of a
contested case adverse to the defaulting party. A default occurs when a party
fails to plead or otherwise prosecute or defend, fails to appear at a hearing
without the proper consent of the judge or fails to comply with any
interlocutory order of the administrative law judge. Any non-defaulting party
may move for an order dismissing the case or terminating it adversely to the
defaulting party.
ALJD Rule 23 (1998).
By virtue of the Petitioner's request for a contested case hearing, she has an obligation to
defend her position. Petitioner has not requested an extension or enlargement of time pursuant to
ALJD Rule 3B to comply with this tribunal's order, but rather has been unresponsive to all
communications. Petitioner has been given 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 above-captioned case is hereby dismissed with
prejudice.
AND IT IS SO ORDERED.
ALISON RENEE LEE
Administrative Law Judge
July 16, 1998
Columbia, South Carolina |