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:
Lynn Enterprises, Inc. vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Lynn Enterprises, Inc., d/b/a Little Caesars Pizza #101, #106, #107, #108, and #109

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
99-ALJ-07-0568-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

On November 4, 1999, an Order was issued to all parties requiring the filing of Prehearing Statements within fifteen (15) days of that Order. Given the additional five (5) day extension allowed for mailing under ALJD Rule 5(c), the Prehearing Statements were due on November 24, 1999. The Petitioner failed to file the Prehearing Statement.



On November 30, 1999, the Petitioner was again directed to file the Prehearing Statement on or before December 10, 1999. No Prehearing Statement was received by the close of business on the extension date of December 10, 1999, and thus Petitioner failed to comply with the Order.



Upon a party's failure to pursue an action or upon a failure to adhere to an interlocutory order, the Administrative Law Judge may dismiss a contested case in a manner so as to uphold the position of the party in compliance. ALJD Rule 23.



Therefore, IT IS ORDERED:



1. Due to the Petitioner's failure to pursue this action, the Petitioner is in default.

2. South Carolina Department of Health and Environmental Control, having complied in this matter, is not in default.

3. As a result of the default, the case is dismissed and the action is ended.



AND IT IS SO ORDERED.



____________________________________

CAROLYN C. MATTHEWS

Administrative Law Judge



December 14, 1999.

Columbia, South Carolina.


Brown Bldg.

 

 

 

 

 

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