ORDERS:
ORDER OF DISMISSAL
This matter is before me pursuant to Petitioner’s request for a contested case hearing
following Respondent’s issuance of an Administrative Order No. 03-175-W. On November 19, 2003,
this tribunal issued a Notice of Hearing and Order for Pretrial Briefs scheduling this matter for hearing
on December 30, 2003 and requiring the parties to file Pretrial Briefs by December 10, 2003.
The
Order for Pretrial Briefs informed the parties that failure to timely file and serve the Pretrial Briefs
will result in a finding of default pursuant to ALJD Rule 23 and may result in dismissal or termination
of the action adverse to the defaulting party. As of the date of this Order of Dismissal, this tribunal
has not received a Pretrial Brief from the Petitioner, nor has the Petitioner contacted this tribunal to
request an extension of the filing date.
Pursuant to ALJD Rule 23, a default occurs in a contested case when a party fails to plead
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.
Adequate notice was given to the Petitioner of the terms of the Order for Pretrial Briefs and
the consequences for failure to comply. The 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). As the Petitioner has failed to submit a Pretrial Brief as ordered by this tribunal, I find that
the Petitioner is in default and that this case should be dismissed under ALJD Rule 23 adversely to
the interest of the Petitioner.
IT IS THEREFORE ORDERED that this matter is hereby dismissed;
AND IT IS SO ORDERED.
_______________________________________
C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
December 16, 2003
Columbia, South Carolina |
