ORDERS:
ORDER OF CONSOLIDATION AND CONTINUANCE
This matter is
currently pending before the South Carolina Administrative Law Court
("ALC"), along with Docket No. 08-ALJ-07-0231-CC
(SC DHEC vs. Niemitalo, Inc.).
On June 17, 2008, Respondent
Niemitalo, Inc. filed a Motion to Consolidate the two (2) contested case
matters with the ALC. It appears that the Petitioner has consented to the
Motion to Consolidate.
The Respondent states
in its motion that the two outstanding matters involve similar facts and having
two separate hearings will cause an undue burden and unnecessary duplication of
efforts for the Court and the witnesses involved in the matter. Therefore, in
the interest of judicial economy, it is hereby ORDERED that these
matters are consolidated into one contested case.
By letter dated July
3, 2008, Respondent has requested a continuance of the hearing in order to
allow time to properly prepare, and stated that Petitioner has consented to
this motion. It is hereby ORDERED that Respondent’s Motion to
Consolidate is hereby granted.
IT IS FURTHERED
ORDERED that the caption in this matter will read "South Carolina Department of
Health and Environmental Control vs. Niemitalo, Inc./Creekside Meadows
Subdivision and shall bear Docket No. 07-ALJ-07-0521-CC.
IT IS FURTHER ORDERED that this case shall be heard on
the merits at 9:00 A.M., Tuesday, October 21, 2008. All other
provisions of the original Notice and Order of Hearing shall remain in effect.
These cases are consolidated for
all purposes, including discovery and hearing.
AND IT IS SO ORDERED.
____________________________
CAROLYN
C. MATTHEWS
Administrative
Law Judge
July
14, 2008
Columbia,
South Carolina
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