ORDERS:
ORDER OF DISMISSAL FOR DEFAULT
On January 30, 1998, an ORDER was issued to all parties requiring the filing of a Prehearing
Statement within fifteen (15) days of the date of that ORDER. Given the additional five (5) day
extension allowed for mailing under ALJD Rule 5(C), the Prehearing Statement was due on February
19, 1998. Great Games of North Augusta, Inc., d/b/a Players 3, Great Games, Inc., and Jimmy L.
Martin (Respondents) failed to file the Prehearing Statement.
.
On February 24, 1998, Respondents were again directed to file the Prehearing Statement on or before
March 3, 1998. No Prehearing Statement was received by the close of business on the extension
date of March 3, 1998 and thus Respondents failed to comply with the Order.
Upon a Respondent's failure to defend an action or upon a failure to adhere to an interlocutory order,
the Administrative Law Judge may dismiss a contested case in a manner so as to uphold the position
of the complying party. ALJD Rule 23.
Therefore, IT IS ORDERED that
1. Due to the Respondents' failure to defend this action, the Respondents are in default.
2. Petitioner, having complied in this matter, is not in default.
3. Petitioner shall proceed with the enforcement of its administrative violation.
4. This matter is ended and the case is dismissed.
AND IT IS SO ORDERED.
RAY N. STEVENS
Administrative Law Judge
This 5th day of March, 1998
Columbia, South Carolina |