ORDERS:
ORDER OF DISMISSAL
On March 14, 1996, an ORDER was issued to all parties requiring the filing with the ALJD and
all opposing parties of the above-mentioned case of Prehearing Statements 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 Statements were due on Monday, April 8, 1996. The
Petitioner failed to file Prehearing Statements.
On April 9, 1996, the Petitioner was again directed to file the Prehearing Statement on or before
Friday, April 19, 1996. No Prehearing Statement was received by the close of business on the
extension date of April 19, 1996. The Administrative Law Judge may dismiss a contested case
adverse to any party who fails to comply "with any interlocutory order." (ALJD Rule 23). The
Petitioner failed to comply with the March 14, 1996, Order. On May 29, 1996, the Respondent
filed a Motion to Dismiss on the grounds that the Petitioner has failed to prosecute this action by
failing to adhere to an interlocutory order. The motion is granted.
Therefore, IT IS ORDERED that the above-captioned case be and hereby is dismissed.
AND IT IS SO ORDERED.
__________________________________
RAY N. STEVENS
Administrative Law Judge
This 10th day of June, 1996
Columbia, South Carolina |
