ORDERS:
ORDER OF DISMISSAL
Pursuant
to this tribunal’s order of December 12, 2005, each party to the
above-captioned case was required to file a Prehearing Statement with this
Court and serve the same on all parties within fifteen (15) days of the date of
the order. However, Petitioner has not responded to this tribunal’s Order for
Prehearing Statements or to a letter from this tribunal dated January 6, 2006,
requesting the filing of a Prehearing Statement by January 16, 2005.
Therefore, pursuant to ALC Rule 23, this matter is hereby dismissed.
ALC
Rule 23 provides that:
The administrative
law judge may dismiss a contested case or dispose of a contested case adverse
to the defaulting party. A default occurs when a party fails to plead or
otherwise prosecute or defend, fails to appear at a hearing without the proper
consent of the judge or fails to comply with any interlocutory order of the
administrative law judge. Any non-defaulting party may move for an order
dismissing the case or terminating it adversely to the defaulting party.
Id.
By virtue
of his request for a contested case, he had an obligation to defend his
position. However, Petitioner has not filed a Prehearing Statement with this
Court, or requested an extension or enlargement of time pursuant to ALC Rule
3(B) in order to comply with this tribunal’s order. Rather, Petitioner has
been unresponsive to all communications. Petitioner has been given abundant
opportunity to comply with this tribunal’s Order for Prehearing Statements and
has failed to do so. “There is a limit beyond which the court should not allow
a litigant to consume the time of the court…” Georganne Apparel, Inc. v.
Todd, 303 S.C. 87, 92, 399 S.E.2d 16, 19 (Ct. App. 1990).
IT
IS THEREFORE ORDERED that the above-captioned case is hereby DISMISSED with prejudice.
AND
IT IS SO ORDERED.
______________________________________
JOHN D. MCLEOD
Administrative
Law Judge
February 6, 2006
Columbia, South Carolina |