ORDERS:
ORDER OF DISMISSAL
Pursuant to this tribunal's order of April 7, 2000, 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, Respondent
has not responded to this tribunal's order for a prehearing statement or to a letter from this tribunal dated May 4, 2000
requesting the filing of a prehearing statement by May 10. 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).
Respondent has an obligation to defend its position. Respondent 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.
Respondent 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 (Ct.
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
Post Office Box 11667
Columbia, South Carolina 29211-1677
May 15, 1999
Columbia, South Carolina |