SC Administrative Law Court Decisions

Pursuant to my Order for Prehearing Statements of December 31, 1997, each party was required to file prehearing statements with the Administrative Law Judge Division and serve all parties within fifteen (15) days of the order. However, only Petitioner, Ashley Ingram responded to the order. On January 14, 1998, Mr. Ingram requested a seven-day extension to file his prehearing statement, and has not done so to date. None of the other Petitioners, responded to my Order for Prehearing Statements, nor has any Petitioner responded to a letter dated April 3, 1998, which was a reminder, and required prehearing statements to be filed no later that April 13, 1998. ALJD Rule 23 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 (1997) (emphasis added).

By virtue of the Petitioners' request for appeal, they have an obligation to defend their respective position(s). Petitioners have not requested an additional extension or enlargement of time pursuant to ALJD Rule 3B to comply with this tribunal's order, but rather has been unresponsive to recent communications. 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.

Administrative Law Judge

April 22, 1998

Columbia, South Carolina.