ORDERS:
ORDER OF DISMISSAL
Pursuant to this tribunal's Order for Prehearing Statements dated July 17, 2002, each party to this case was required to file a
Prehearing Statement with this tribunal and serve all parties with the same within twenty days of the date of the order.
However, Petitioner failed to file a Prehearing Statement within that time. Further, Petitioner has not filed a Prehearing
Statement in response to a letter from this tribunal dated August 13, 2002, requesting the filing of a Prehearing Statement
by August 21, 2002, or in response to a letter from this tribunal dated August 29, 2002, requesting the filing of a Prehearing
Statement by September 9, 2002. Therefore, 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 plead 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 (emphasis added).
By virtue of his request for a contested case, Petitioner had an obligation to defend his position. While Petitioner has
communicated with this tribunal by telephone, he has not filed a Prehearing Statement as requested three times by this
tribunal, nor has he requested an extension or enlargement of time pursuant to ALJD Rule 3B to comply with this tribunal's
orders. Petitioner has been given abundant opportunity to comply with this tribunal's Order for Prehearing Statements and
has failed to do so. "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
September 16, 2002
Columbia, South Carolina |
