ORDERS:
ORDER OF DISMISSAL
Pursuant to this tribunal's order of May 4, 1999, each party was required to file a prehearing statement
with the Administrative Law Judge Division and serve all parties within twenty days of the date of the order.
However, S. Bryan Doby, Attorney for Petitioner has not responded to this tribunal's order for a prehearing
statement or to a letter from this tribunal dated June 4, 1999, requesting the filing of a prehearing statement
by June 14, 1999. Pursuant to ALJD Rule 23, this matter is hereby dismissed. This Rule provides:
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 respond 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.
ALJD Rule 23 (1997) (emphasis added).
By virtue of Petitioner's request for a contested case, she has an obligation to advance her position.
Petitioner has not requested an extension or enlargement of time pursuant to ALJD Rule 3B to comply with
this tribunal's order, but rather has been unresponsive to all communications. Petitioner has been given
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
(Court. 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
June 16, 1999
Columbia, South Carolina |