ORDERS:
ORDER OF DISMISSAL
Pursuant to ALJD Rule 23, a default occurs in a contested case when a party fails to respond 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 Administrative Law Judge issued an Order for Prehearing Statements on
November 22, 1999, requiring the parties to file Prehearing Statements with the Administrative Law Judge
Division ("ALJD") on or before December 13, 1999. The Respondent filed its Prehearing Statement with
the ALJD on December 13, 1999.
By letter dated December 30, 1999, the ALJD informed Petitioner, Dobson Wright, that his Prehearing
Statement was past due and that the time had been extended to January 10, 2000, for Petitioner to file his
Prehearing Statement. No Prehearing Statement was filed by Petitioner on or before January 10, 2000.
By letter dated February 18, 2000, sent by certified mail, the ALJD again informed Petitioner Dobson
Wright, that his Prehearing Statement was past due and that if the Prehearing Statement were not filed with
the ALJD on or before February 29, 2000, the above matter would be dismissed pursuant to ALJD Rule 23
for failure to comply with the Order. As of March 13, 2000, the Petitioner has not filed a Prehearing
Statement with the ALJD, and he is in default.
Adequate notice was given to Petitioner of the terms of the Order and the consequences for failure to
comply. Petitioner 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).
IT IS THEREFORE ORDERED that the Petitioner, Dobson Wright, is in default and that the above-captioned case bearing Docket Number 99-ALJ-07-0591-CC is hereby dismissed with prejudice against
Petitioner. The relief requested by Respondent in its Prehearing Statement is hereby granted.
AND IT IS SO ORDERED.
_______________________________________
C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
March 13, 2000
Columbia, South Carolina |