ORDERS:
ORDER STRIKING CASE FROM DOCKET
In the above-captioned matter, by motion filed on August 23, 2001, Petitioners move, with the consent of
Respondent, to have this case stricken from the active docket. Petitioners and Respondent agree that the
South Carolina Supreme Court's decision in the appeal of South Carolina Coastal Conservation League v.
South Carolina Department of Health and Environmental Control, 345 S.C. 525, 548 S.E.2d 887 (Ct. App.
2001) will directly affect the outcome of the instant case. Therefore, to avoid unnecessary litigation, the
parties to this action request that this case be stricken from the active docket of the Administrative Law Judge
Division (ALJD) until such time as the South Carolina Supreme Court renders a decision in the above-cited
case.
Upon reviewing this motion, the arguments supporting it, and the agency record in this action, and noting the
consent of all parties to the motion, this tribunal has determined that the motion to strike this case from the
active docket of the ALJD should be granted. As the agency's decision in this case was based upon the Court
of Appeals' ruling in South Carolina Coastal Conservation League v. South Carolina Department of Health
and Environmental Control, it is clear that the Supreme Court's resolution of the appeal in that case will have
a direct impact on the outcome of the case before this tribunal.
Further, it is clear that a motion to strike this case from the docket is an appropriate response to these
circumstances. Pursuant to ALJD Rule 68, this tribunal may refer to the South Carolina Rules of Civil
Procedure for guidance in resolving questions not addressed by the ALJD Rules. In ruling on the present
motion, this tribunal is guided by Rule 40(j), SCRCP, which permits a party to strike its complaint,
counterclaim, or cross-claim from a docket, provided that all adverse parties agree in writing to the action,
and that all further agree that if the claim is restored upon timely motion of the striking party, the statute of
limitations shall be tolled as to all consenting parties during the time that the case is stricken. In light of the
above facts and law, this tribunal hereby grants Petitioners' motion to strike this case from its docket.
IT IS THEREFORE ORDERED that this case be stricken from the active docket of the Administrative
Law Judge Division.
IT IS FURTHER ORDERED that this case shall be restored to the active docket of the ALJD upon motion
of the Petitioners if such motion is made within ninety (90) days of a decision by the South Carolina Supreme
Court in South Carolina Coastal Conservation League v. South Carolina Department of Health and
Environmental Control, or, if remanded by the Supreme Court, within ninety (90) days of the lapsing of the
time for appeal of a final decision on the merits rendered by a lower court in that case. If the instant case is
restored to the docket upon such a timely motion, the statute of limitations shall be tolled as to all consenting
parties for the time during which the case was stricken.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
Post Office Box 11667
Columbia, South Carolina 29211-1667
September 14, 2001
Columbia, South Carolina |
