South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
SCDOI vs. John A. Galloway

AGENCY:
South Carolina Department of Insurance

PARTIES:
Petitioner:
South Carolina Department of Insurance

Respondent:
John A. Galloway
 
DOCKET NUMBER:
06-ALJ-09-0105-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

Pursuant to this Court’s Order for Prehearing Statements dated March 27, 2006, 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 twenty (20) days of the date of the Order. By an Order dated April 11, 2006, counsel for Petitioner South Carolina Department of Insurance received a ten-day extension of the time within which to file its Prehearing Statement, and, on April 25, 2006, Petitioner filed its Prehearing Statement in the above-captioned matter with this Court and served the same on counsel for Respondent. However, to date, Respondent has not responded to this Court’s Order for Prehearing Statements or to a letter from this Court dated May 15, 2006, that reminded Respondent of his obligation to file a Prehearing Statement and required Respondent to file his Prehearing Statement by May 24, 2006. Therefore, pursuant to ALC Rule 23, I find that Respondent is in default and hereby dismiss this case adversely to his interests.

ALC Rule 23 provides that:

[t]he 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. (emphasis added).

By virtue of his request for a contested case, Respondent had an obligation to defend his position. However, Respondent 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 Court’s Orders. Rather, Respondent has been unresponsive to all communications from the Court. In short, Respondent has been given abundant opportunity to comply with this Court’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. GEATHERS

Administrative Law Judge

1205 Pendleton Street, Suite 224

Columbia, South Carolina 29201-3731

May 31, 2006

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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