Opinion
TC-MD 120154N
11-28-2012
ST JOHNS STORAGE LLC, Plaintiff v. MULTNOMAH COUNTY ASSESSOR, Defendant.
DECISION OF DISMISSAL
ALLISON R. BOOMER MAGISTRATE
This matter is before the court on its own motion to dismiss this case for lack of prosecution.
A trial was scheduled at 9:00 on November 28, 2012, to consider Plaintiff's appeal. The parties agreed to trial on November 28, 2012, during the case management conference held in this matter on June 4, 2012. On June 5, 2012, the court sent notice of the scheduled trial to Plaintiff's authorized representative at the email address he 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 October 17, 2012, a new representative filed a notice of appearance on behalf of Plaintiff and requested discovery. The court issued an Order dated November 2, 2012, denying Plaintiff's discovery request and reminding the parties of the November 28, 2012, trial.
Plaintiff failed to appear at the November 28, 2012, trial. As of the date of this decision, the court has not received any communication from Plaintiff explaining its failure to appear at the November 28, 2012, trial. 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.