ORDERS:
ORDER OF DISMISSAL
Pursuant to ALJD Rule 23, a default occurs in a contested case when a party fails to plead
or otherwise prosecute or defend, or fails to comply with any interlocutory order of the administrative
law judge. An administrative law judge may dismiss or dispose of a contested case adversely to the
defaulting party.
Pursuant to ALJD Rule 8, the undersigned issued a Notice of Hearing and Order for Pretrial
Briefs (“Order”) on April 21, 2003, requiring the parties to file Pretrial Briefs with the Administrative
Law Judge Division (“ALJD”) on or before May 15, 2003. The Order informed the parties that
failure to timely file and serve the Pretrial Briefs will result in a finding of default pursuant to ALJD
Rule 23 and may result in dismissal or termination of the action adverse to the defaulting party. As
of the date of this Order of Dismissal, the ALJD has not received a Pretrial Brief from the Petitioner
Gambro Healthcare Lancaster, Inc. (“Gambro”), nor has Gambro contacted the ALJD to request an
extension of the filing date.
Adequate notice was given to Gambro of the terms of the Order and the consequences for
failure to comply. Gambro was provided abundant opportunity to comply. “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). As Gambro has failed
to submit a Pretrial Brief as ordered by this tribunal, I find that Gambro is in default and that this case
should be dismissed under ALJD Rule 23.
IT IS THEREFORE ORDERED that this matter is hereby dismissed;
AND IT IS SO ORDERED.
_______________________________________
C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
May 21, 2003
Columbia, South Carolina |
