ORDERS:
ORDER OF DISMISSAL
Pursuant to ALJD Rule 8, the Administrative Law Judge issued an Order for Prehearing
Statements on July 14, 1997, requiring the parties to file Prehearing Statements with the Court on or
before August 4, 1997. Petitioner filed its Prehearing Statement with the Court on July 14, 1997. By
letter dated
September 5, 1997, the Court informed Jimmy L. Martin , owner of Great Games, Inc., that his
Prehearing Statement was past due and that failure to comply with an Order of an Administrative Law
Judge could result in default and dismissal of the case adversely to his interest. Mr. Martin contacted the
Court on September 8, 1997, asked that copies of the Order for Prehearing Statements and Agency
Transmittal be faxed to him, and stated that he would be filing his Prehearing Statement soon. The
requested documents were faxed to Mr. Martin on September 8, 1997.
By letter dated October 3, 1997, the court informed Mr. Martin that if his Prehearing Statement
was not filed with the Court on or before October 13, 1997, the above matter would be dismissed
pursuant to ALJD Rule 23 for failure to comply with the Order. On October 14, 1997, Mr. Martin
telephoned the Court and asked that copies of the Order for Prehearing Statements and Agency
Transmittal be faxed to him. The requested documents were again faxed to Mr. Martin. As of the date of
this Order, Respondent Great Games, Inc., has not filed a Prehearing Statement with the Court and is in
default.
Pursuant to ALJD Rule 23, a default occurs in a contested case when a party fails to respond 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.
The failure of Great Games, Inc. to comply with the Court's order to file a Prehearing Statement
in this matter constitutes default. Adequate notice was given of the requirements imposed and
consequences for failure to comply, and Respondent was provided abundant opportunity to comply. The
court in
Georganne Apparel, Inc. v. Todd, 303 S.C. 87, 92, 399 S.E.2d 16, 19 (Ct. App. 1990) stated that "there
is a limit beyond which the court should not allow a litigant to consume the time of the court. . . ."
IT IS THEREFORE ORDERED that the above-captioned case bearing Docket Number
97-ALJ-17-0336-CC is hereby dismissed with prejudice against the defaulting party, Great Games, Inc.
The relief requested by Petitioner, South Carolina Department of Revenue, in its Prehearing Statement is
hereby granted, including the imposition of any conditions, penalties, or injunctive relief sought and
enumerated therein. Petitioner's Prehearing Statement is incorporated herein by reference as a part of
this Order.
AND IT IS SO ORDERED.
_______________________________________
STEPHEN P. BATES
ADMINISTRATIVE LAW JUDGE
November 6, 1997
Columbia, South Carolina |
