ORDERS:
ORDER OF DISMISSAL
This matter is currently pending before the South Carolina Administrative Law Judge Division. Pursuant to this tribunal's
Order for Prehearing Statements dated October 2, 2000, each party was required to file Prehearing Statements with the
Judge within fifteen (15) days from the date of the Order. The Respondent filed its Prehearing Statement on October 17,
2000. On October 19, 2000, I granted a twenty (20) days extension of time for the Petitioner to file its Prehearing
Statement. To date, nothing has been received from the Petitioner.
ALJD Rule 23 provides that the Court may dismiss a contested case adverse to the defaulting party. A "default" occurs
when a party fails to comply with any interlocutory order of the Judge. By virtue of the Petitioner's request for a contested
case hearing, it has an obligation to defend its position. The Petitioner has not requested additional time to file its Prehearing
Statement. "There is a limit beyond which the court should not allow a litigant to consume the life 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 this matter is DISMISSED WITH PREJUDICE.
AND IT IS SO ORDERED.
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CAROLYN C. MATTHEWS
Administrative Law Judge
January 5, 2001
Columbia, South Carolina |