Opinion
TC-MD 140449C
05-05-2015
RONALD O. ANDRESEN and CAROLE J. ANDRESEN, Trustees of the Andresen Living Trust, Plaintiffs v. YAMHILL COUNTY ASSESSOR, Defendant.
FINAL DECISION OF DISMISSAL
DAN ROBINSON MAGISTRATE JUDGE
This Final Decision incorporates without change the court's Decision, entered April 6, 2015. The court did not receive a statement of costs and disbursements within 14 days after its Decision was entered. See TCR-MD 16 C(1).
This matter is before the court on Plaintiff's oral motion to dismiss this case.
A case management conference was scheduled for 9:00 a.m. on January 22, 2015, to consider Plaintiffs' appeal. On February 2, 2015, the court sent notice of the scheduled case management conference to Plaintiffs. The court's notice was not returned as undeliverable.
Plaintiffs failed to appear for the scheduled case management conference. On February 19, 2015, the court sent Plaintiffs a letter that explained the importance of diligently pursuing an appeal. That letter was not returned as undeliverable. The court's letter advised that if Plaintiffs did not provide a written explanation by March 5, 2015, for their failure to appear, the court would dismiss the appeal. Plaintiff Ronald Andresen telephoned the court on February 23, 2015, and expressed a wish to withdraw; he stated that he would send a written response.
On March 17, 2015, the court sent a letter to Plaintiffs stating that it would grant Plaintiff Ronald Andresen's February 23, 2015, oral request and dismiss Plaintiffs' appeal if they did not provide a written statement by March 30, 2015. As of the date of this Decision of Dismissal, Plaintiffs have not submitted a written response to the court's March 17, 2015, letter. Under such circumstances, the court finds the appeal must be dismissed. Now, therefore, IT IS THE DECISION OF THIS COURT that the Complaint is dismissed.