South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
KAT Trucking vs. SCDOT

AGENCY:
South Carolina Department of Transportation

PARTIES:
Petitioners:
KAT Trucking

Respondents:
South Carolina Department of Transportation
 
DOCKET NUMBER:
06-ALJ-19-0762-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

On October 16, 2006, a letter was written to Behrooz Taghivand, the registered agent for KAT Trucking, LLC, instructing Mr. Taghivand that he may not represent KAT Trucking, LLC in the above-referenced matter. Mr. Taghivand was instructed that only an attorney licensed in the state of South Carolina may represent KAT Trucking, LLC in this matter. Mr. Taghivand was provided thirty (30) days from the date of the letter to inform the Court how he planned to proceed.

Mr. Taghivand placed a phone call to the Court prior to the deadline indicating that he had not yet retained an attorney and indicating that, depending upon the costs, he may choose not to retain one. Mr. Taghivand was instructed to respond in writing within the thirty (30) days provided as to how he wished to proceed. No further contact, written or oral, has been received by Mr. Taghivand as of today’s date, November 27, 2006. Therefore, Mr. Taghivand has failed to follow the instructions of the Court and KAT Trucking, LLC is without representation in this matter.

On November 27, 2006, an Order for Pre-Hearing Statements was issued by the Court indicating that a pre-hearing statement must be filed with the Court by all parties of record in this matter within fifteen (15) days of the date of the Order. The Order also indicated that KAT Trucking’s pre-hearing statement must be filed by an attorney representing KAT Trucking in this matter. The Order further indicated that failure to comply with the Order may result in default and dismissal of this case adversely to the defaulting party’s interest pursuant to ALC Rule 23. As of today’s date, KAT Trucking has not filed a pre-hearing statement and no one representing KAT Trucking has contacted this Court indicating how KAT Trucking wishes to proceed in this matter. KAT Trucking has therefore failed to comply with the Court’s Order dated November 27, 2006.

Based on the foregoing,

IT IS HEREBY ORDERED that the above-referenced contested case is DISMISSED WITH PREJUDICE.

AND IT IS SO ORDERED.

______________________________________

JOHN D. MCLEOD

Administrative Law Judge

January 8, 2007

Columbia, South Carolina


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