SC Administrative Law Court Decisions

CAPTION:
Orthopaedic Associates, P. A. vs. SCDHEC, et al

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Orthopaedic Associates, P. A.

Respondents:
South Carolina Department of Health and Environmental Control, and Mary Black Memorial Hospital

DOCKET NUMBER:
04-ALJ-07-0247-CC

APPEARANCES:
Attorneys for Petitioner Orthopaedic Associates, LLC:
Stephen P. Bates, Esquire
McAngus Goudelock & Courie, LLC
700 Gervais Street, Suite 300
Post Office Box 12519
Columbia, South Carolina 29211

Attorney for Respondent Mary Black Memorial Hospital:
M. Elizabeth Crum, Esquire
McNair Law Firm
Post Office Box 11390
Columbia, South Carolina 29201

Attorney for Respondent SCDHEC:
Nancy S. Layman, Esquire
Legal Department
S.C. Department of Health and Environmental Control
2600 Bull Street
Columbia, South Carolina 29201

ORDERS:

CONSENT ORDER OF DISMISSAL

This is a contested case proceeding in which the Petitioner, Orthopaedic Associates, P. A. is challenging DHEC’s July 22, 2004 decision to grant a Certificate of Need to Mary Black Memorial Hospital. As a result of a settlement agreement between Petitioner and Respondent Mary Black Memorial Hospital, Petitioner wishes to withdraw its request for a contested case hearing. Accordingly, Petitioner, with the consent of the Respondents, DHEC and Mary Black Memorial Hospital, moves for a voluntary dismissal with prejudice of the above-captioned case.

IT IS THEREFORE ORDERED that with the consent of all parties hereto this action, including all claims herein asserted by all parties, is hereby dismissed and ended with prejudice.

AND IT IS SO ORDERED.

__________________________________

RAY N. STEVENS

Administrative Law Judge

This 3rd day of February, 2005

Greenville, South Carolina