ORDERS:
ORDER OF DISMISSAL
The above-captioned matter was filed with the Administrative Law Judge Division June 25,
1998, and was assigned to me June 30, 1998. By my Order dated July 6, 1998, the parties to this case
were required to file a Prehearing Statement within fifteen (15) days of the date of the Order. The
Respondent filed its Prehearing Statement on July 20, 1998. The Petitioner, John J. Gault, requested an
extension of time to file his Statement and Ms. Josephine B. Patton, attorney for the Respondent, agreed
to a three-week extension. Finding good cause, I granted that extension.
Although the Petitioner was given ample notice and opportunity, he has not filed any Prehearing
Statement as required. After the Petitioner failed to comply with the time period imposed, our office sent
him a letter further requesting him to comply with the Prehearing Statement Order. He also ignored that
request. Thereafter, the Respondent made a Motion to Dismiss this case due to the Petitioner's failure
to comply with this Court's Order.
The Petitioner has not requested an additional extension or enlargement of time pursuant to ALJD
Rule 3B to comply with this Court's order, but rather has been unresponsive to this Division's request
that he comply with my Order. "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). I therefore find that the Petitioner is in default in this case. Rule 23, Rules of
Procedure for the Administrative Law Judge Division, allows an Administrative Law Judge to dispose
of a contested case adverse to a party for its failure to plead or comply with any interlocutory order of the
Administrative Law Judge.
IT IS HEREBY ORDERED that the above-captioned matter is dismissed with prejudice.
IT IS SO ORDERED.
___________________________
Ralph King Anderson, III
Administrative Law Judge
September 24, 1998
Columbia, South Carolina |
