Opinion
TC-MD 120035D
04-10-2012
MORASCH MEATS, INC., Plaintiff v. MULTNOMAH COUNTY ASSESSOR and DEPARTMENT OF REVENUE, State of Oregon, Defendants.
DECISION OF DISMISSAL
JILL A. TANNER PRESIDING MAGISTRATE JUDGE.
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 1:30 p.m. on March 22, 2012, to consider Plaintiff's appeal. On March 8, 2012, the court sent notice of the scheduled case management conference to Plaintiff's authorized representative via email to the email address Plaintiff's authorized representative provided to the court. The notice was not returned as undeliverable. The notice advised that if Plaintiff did not appear, the court might dismiss the appeal.
On March 22, 2012, the court sent Plaintiff a letter which explained the importance of diligently pursuing an appeal. That letter was not returned as undeliverable. The letter advised that if Plaintiff did not provide a written explanation by April 5, 2012, for its failure to appear, the court would dismiss the appeal. As of this date, Plaintiff has not submitted a written response to the court explaining its failure to appear at the March 22, 2012, case management conference. 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.