ORDERS:
ORDER OF DISMISSAL
Pursuant to this tribunal’s Order for Prehearing Statements of March 6, 2003, each party to
the above-captioned matter was required to file a Prehearing Statement with the Administrative Law
Judge Division and to serve the same on all parties within twenty (20) days of the date of the Order.
However, Petitioner has not responded to this tribunal’s March 6, 2003 Order or to a letter from this
tribunal dated April 8, 2003, allowing Petitioner to file a late Prehearing Statement by April 18, 2003.
Therefore, pursuant to ALJD Rule 23, this matter is hereby dismissed. This rule provides:
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.
ALJD Rule 23 (emphasis added).
By virtue of Petitioner’s request for a contested case, he has an obligation to advance his
position. However, Petitioner has not requested a continuance of this matter under ALJD Rule 19B
or sought an extension or enlargement of time pursuant to ALJD Rule 3B to comply with this
tribunal’s order, but rather has been unresponsive to all communications. Petitioner has been given
abundant opportunity to comply and he 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
April 24, 2003
Columbia, South Carolina |