ORDERS:
CONSENT ORDER STRIKING CASE FROM DOCKET
This matter is before me by consent of the parties for entry of a Consent Order. The
Petitioners requested injunctive relief from this tribunal as a result of a permitting decision, which
was made by the Respondent, South Carolina Department of Health and Environmental Control,
Office of Ocean and Coastal Resource Management (“OCRM”). A hearing on the request for
injunctive relief was scheduled to take place on Tuesday, December 2, 2003. Prior to the hearing,
counsel for the parties informed me that they had come to an agreement regarding the injunctive
aspect of this controversy and believe that a resolution of the entire matter can be reached. Based
on this good faith representation, I find that there is good cause to order that the case be stricken
from the docket pursuant to SCRCP Rule 40(j), which permits a party to strike its complaint,
counterclaim, or cross-claim from a docket, provided that all parties agree in writing to the action,
and that all further agree that if the claim is restored upon timely motion of the striking party, the
statute of limitations shall be tolled as to all consenting parties during the time that the case is
stricken. See ALJD Rule 68.
ORDER
THEREFORE, IT IS ORDERED that this case is hereby stricken from the active docket of
the Administrative Law Judge Division.
IT IS ALSO ORDERED that this case shall be restored to the active docket of the ALJD
upon motion of the Petitioners if such motion is made within one year of the date of this Order.
AND IT IS SO ORDERED.
__________________________________________
RALPH KING ANDERSON, III
ADMINISTRATIVE LAW JUDGE
December 22, 2003 |
