ORDERS:
ORDER OF DISMISSAL
On August 1, 1995, an ORDER was issued to all parties requiring the filing with me of Prehearing
Statements within fifteen (15) days of the date of that ORDER. Given the additional five (5) day
extension allowed for mailing under ALJD Rule 5(C), the Prehearing Statements were due on
Monday, August 21, 1995. The Petitioner failed to file Prehearing Statements.
On August 21, 1995, the Petitioner was again directed to file the Prehearing Statement on or
before Thursday, August 31, 1995. No Prehearing Statement was received by the close of
business on the extension date of August 31, 1995. The Administrative Law Judge may dismiss a
contested case adverse to any party who fails to comply "with any interlocutory order." (ALJD
Rule 23). The Petitioner failed to comply with the August 1, 1995, Order. On October 12, 1995,
the Respondent filed a Motion to Dismiss on the grounds that the Petitioner has failed to
prosecute this action by failing to adhere to an interlocutory order. The motion is granted.
Therefore, IT IS ORDERED that the above-captioned case be and hereby is dismissed and the
hearing scheduled for 10:00 a.m. on Tuesday, November 7, 1995, is cancelled.
_______________________________________
RAY N. STEVENS
Administrative Law Judge
October 20, 1995
Columbia, South Carolina |