ORDERS:
ORDER OF DISMISSAL
Pursuant to this tribunal's order of July 7, 1997, each party was required to file a
prehearing statement with the Administrative Law Judge Division and serve all parties within
fifteen (15) days of the date of the order. However, neither Respondents nor Respondents'
counsel, David Belding, has responded to this tribunal's order for prehearing statements or to a
letter from this tribunal dated September 3, 1997, requesting the filing of a prehearing statement
by September 12, 1997. 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).
By virtue of the Respondents' request for a contested case, they have an obligation
to defend their position. Respondents have not requested an extension or enlargement of time
pursuant to ALJD Rule 3B to comply with this tribunal's order, but rather have been
unresponsive to all communications. Respondents have 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 and
the Respondents are subject to the penalty or penalties imposed in this matter.
AND IT IS SO ORDERED.
JOHN D. GEATHERS
Administrative Law Judge
Post Office Box 11667
Columbia, South Carolina 29211-1677
September 17, 1997
Columbia, South Carolina |
