South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
DOI vs. Tonya R. Gamble

AGENCY:
South Carolina Department of Insurance

PARTIES:
Petitioner:
South Carolina Department of Insurance

Respondent:
Tonya R. Gamble
 
DOCKET NUMBER:
03-ALJ-09-0281-CC

APPEARANCES:
n/a
 

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


Brown Bldg.

 

 

 

 

 

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