ORDERS:
ORDER OF DISMISSAL
Pursuant to this tribunal’s Order for Prehearing Statements dated July 22, 2003, each party
to the above-captioned matter was required to file a prehearing statement with this tribunal and serve
the same on the other party within twenty days of the date of the Order. However, Respondent has
not responded to this tribunal’s Order for Prehearing Statements or to letters from this tribunal dated
August 18, 2003, and September 3, 2003, requesting the filing of a prehearing statement by August
27, 2003, and September 10, 2003, respectively. Therefore, pursuant to ALJD Rule 23, this matter
is hereby dismissed.
ALJD Rule 23 provides that:
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.
Id. (emphasis added).
By virtue of Respondent’s request for a contested case, she had an obligation to defend her
position. However, Respondent has not filed a Prehearing Statement in this matter nor has she
requested an extension or enlargement of the time within which to file her Prehearing Statement
pursuant to ALJD Rule 3(B). Rather, Respondent has been unresponsive to all communications from
this tribunal. In short, Respondent has been given abundant opportunity to comply with this tribunal’s
Orders, but nevertheless 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
September 15, 2003
Columbia, South Carolina |
