This is a contested case proceeding in which the Petitioner, Orthopaedic Associates, P. A.
is challenging DHEC’s July 22, 2004 decision to grant a Certificate of Need to Mary Black
Memorial Hospital. As a result of a settlement agreement between Petitioner and Respondent
Mary Black Memorial Hospital, Petitioner wishes to withdraw its request for a contested case
hearing. Accordingly, Petitioner, with the consent of the Respondents, DHEC and Mary Black
Memorial Hospital, moves for a voluntary dismissal with prejudice of the above-captioned case.
IT IS THEREFORE ORDERED that with the consent of all parties hereto this action,
including all claims herein asserted by all parties, is hereby dismissed and ended with prejudice.
AND IT IS SO ORDERED.
__________________________________
RAY N. STEVENS
Administrative Law Judge
This 3rd day of February, 2005
Greenville, South Carolina
