ORDERS:
CONSENT ORDER OF DISMISSAL WITH PREJUDICE
THIS
MATTER COMES BEFORE THE COURT upon request of the Petitioner Janice
Robinson (“Petitioner”) for a contested case hearing to appeal the decision of
Respondent South Carolina Budget and Control Board, Employee Insurance Program
(“Respondent”), to discontinue her disability benefits. The Notice of Appeal
was filed on September 26, 2007 and Appellant’s Brief was due on or before
January 17, 2008. However, prior to that date, Petitioner informed the Court
that the parties had reached a settlement of this matter and that after further
consideration the Petitioner decided not to pursue her disability claim.
Accordingly, Petitioner asks the Court to dismiss her disability claim with
prejudice, but to also specify that such dismissal in no way affects
Petitioner’s rights to her pension monies and rights otherwise. The Respondent
consents to the Petitioner’s motion and agrees that this dismissal shall not affect
Petitioner’s pension rights and entitlements in any way except as to his
disability claim. Accordingly, for good cause shown, the matter sub judice is dismissed with prejudice pursuant to S.C.R.Civ.P. 41(a)(2).
WHEREFORE,
it is ORDERED, ADJUDGED and DECREED that the matter sub judice is
dismissed with prejudice pursuant to S.C.R.Civ.P. 41(a)(2).
AND
IT IS SO ORDERED.
_________________________________
Honorable
John D. McLeod
Administrative
Law Judge
February 5, 2008
Columbia, South Carolina
I SO MOVE: I
CONSENT:
_____________________________ ________________________________
Lynsey T. Kmetz, Esq. James
T. Hedgepath, Esq.
Robert E. Hoskins, Esq. Michael
T. Brittingham, Esq.
Foster Law Firm, L.L.P. Nexsen
Pruet Adams Kleemeier, L.L.C.
Attorneys for Petitioner Attorneys
for Respondent
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