From Casetext: Smarter Legal Research

Tellschow v. Department of Revenue

Tax Court of Oregon
May 22, 2012
TC-MD 110784N (Or. T.C. May. 22, 2012)

Opinion

TC-MD 110784N

05-22-2012

JOSEPH Z. TELLSCHOW, Plaintiff v. DEPARTMENT OF REVENUE, State of Oregon, Defendant.


DECISION OF DISMISSAL

ALLISON R. BOOMER MAGISTRATE PRO TEMPORE

This matter is before the court on Defendant's request to dismiss this case for lack of prosecution, included in its Reply filed May 15, 2012.

Defendant filed a motion to dismiss (motion) on December 29, 2011, stating that “there is no appealable issue before the court.” (Def's Ltr at 2, Dec 29, 2011.) A case management conference was held on February 16, 2012, during which the parties discussed Defendant's motion and agreed to a schedule by which to submit written arguments. That schedule was memorialized in a Journal Entry issued February 17, 2012. The Journal Entry advised that failure to comply with the deadlines set forth therein might result in dismissal of Plaintiff's appeal.

Defendant filed written arguments in support of its motion on March 1, 2012. Plaintiff agreed to file a written response to Defendant's motion by May 4, 2012. As of the date of this Decision, the court has not received Plaintiff's written response to Defendant's motion or any further communication from Plaintiff. On May 15, 2012, Defendant filed its Reply stating that, as of May 11, 2012, Defendant had “not received Plaintiff's written response to Defendants written arguments” and requesting dismissal of this appeal. As of the date of this Decision, Plaintiff has not filed a response to Defendant's Reply. Under such circumstances, the court finds this matter should be dismissed for lack of prosecution. Now, therefore, IT IS THE DECISION OF THIS COURT that this matter is dismissed.


Summaries of

Tellschow v. Department of Revenue

Tax Court of Oregon
May 22, 2012
TC-MD 110784N (Or. T.C. May. 22, 2012)
Case details for

Tellschow v. Department of Revenue

Case Details

Full title:JOSEPH Z. TELLSCHOW, Plaintiff v. DEPARTMENT OF REVENUE, State of Oregon…

Court:Tax Court of Oregon

Date published: May 22, 2012

Citations

TC-MD 110784N (Or. T.C. May. 22, 2012)