ORDERS:
ORDER DENYING MOTION TO QUASH AND MOTION FOR PROTECTIVE ORDER
By
Order dated May 22, 2007, this court consolidated the aforementioned actions
due to the fact that they involved common issues of fact and questions of law.
After the consolidation, the actions retained the same docket numbers and names
as before, but were combined in the same heading as above.
The
Petitioner’s counsel Christi Cox, Esquire, notified this Court by Motion filed
on July 29, 2008, that Petitioner Barbara Polk desired to withdraw her request
for a contested case hearing on the basis that she is unable to continue this
appeal due to her health and other personal issues. There being no case in
controversy after the Petitioner’s withdrawal, Petitioner Barbara Polk is
dismissed from this action. Therefore, the caption is amended to reflect this
change.
By
Motion filed on July 31, 2008, Christi P. Cox, Esquire, requested that this
court quash the subpoena directed to Ms. Cox and issue a Protective Order
prohibiting C&D Management from conducting any discovery regarding any
matters protected as work product or subject to attorney client privilege;
requiring C&D Management to identify the areas on which it expects to
examine Ms. Cox; and requiring C&D Management to refrain from asking any
questions outside the scope of the issues which are relevant to the claims at
issue in this action. Ms. Cox filed this Motion under the remaining action
entitled 07-ALJ-07-0178-CC York County, v. South Carolina Department of
Environmental Control and C&D Management Company, LLC. Neither Ms. Cox nor
her client Barbara Polk is a party to this action. Therefore, she does not
have standing to make Motions in this case and her Motions must be denied.
IT
IS THEREFORE ORDERED that Petitioner Barbara Polk is dismissed from this
action.
AND
IT IS FURTHER ORDERED that the Caption in this matter shall now read York
County, v. South Carolina Department of Environmental Control and C&D Management
Company, LLC and shall bear the Docket Number 07-ALJ-07-0178-CC.
AND
IT IS FURTHER ORDERED that Barbara Polk’s Motion to Quash and Motion for
Protective Order are denied.
AND
IT IS SO ORDERED.
___________________________________
CAROLYN C.
MATTHEWS
Administrative
Law Judge
August 6, 2008
Columbia, South Carolina.
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