Opinion
TC-MD 120059N
05-10-2012
ANNA BOTHUM and KRISTOPHER ROBINSON, Plaintiffs, v. DEPARTMENT OF REVENUE, State of Oregon, Defendant.
DECISION OF DISMISSAL
This matter is before the court on its own motion to dismiss this case for lack of prosecution.
A case management conference was scheduled at 9:00 a.m. on April 11, 2012, to consider Plaintiffs' appeal. The court sent notice of the April 11, 2012, case management conference to Plaintiffs' authorized representative, LeMarcia A. Nelson (Nelson), at the email address that she provided to the court. The notice was not returned as undeliverable. Nelson failed to appear for the April 11, 2012, case management conference. On April 11, 2012, the court sent Nelson a letter which explained the importance of diligently pursuing an appeal. Nelson filed a letter with the court on April 16, 2012, stating that Plaintiffs wish to continue their appeal and requesting that the case management conference be rescheduled. She confirmed her email address.
A second case management conference was scheduled at 2:15 p.m. on May 9, 2012, and Nelson again failed to appear. Notice of the May 9, 2012, case management conference was sent to Nelson on April 17, 2012, at the email address that she provided to the court. The notice was not returned as undeliverable. The notice advised that if Plaintiffs did not appear, the court might dismiss the appeal.
Under such circumstances, the court finds the appeal must be dismissed for lack of prosecution. Now, therefore,
IT IS THE DECISION OF THIS COURT that the Complaint is dismissed.
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ALLISON R. BOOMER
MAGISTRATE PRO TEMPORE