ORDERS:
ORDER OF DISMISSAL
Pursuant to this tribunal's order of March 10, 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, Petitioners
have not filed a prehearing statement responsive to either this tribunal's March 13 order for a prehearing statement or to a
subsequent letter from this tribunal dated April 4, 2000 requesting the filing of a prehearing statement. 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 (2000) (emphasis added).
By virtue of Petitioners' request for a contested case, they have an obligation to defend their position. Petitioners have not
requested an extension or enlargement of time pursuant to ALJD Rule 3B to comply with this tribunal's order. Petitioners 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 with prejudice.
AND IT IS SO ORDERED.
________________________________
JOHN D. GEATHERS
Administrative Law Judge
Post Office Box 11667
Columbia, South Carolina 29211-1677
April 7, 2000, 1999
Columbia, South Carolina
|