Opinion
TC-MD 120069N
05-09-2012
LINDA MAE ANGEL, 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 its own motion to dismiss this case for lack of prosecution. A trial was scheduled at 9:00 a.m. on May 8, 2012, to consider Plaintiff's appeal. The May 8, 2012, trial date was agreed upon by the parties during a case management conference held April 2, 2012. On April 3, 2012, the court sent notice of the scheduled trial to Plaintiff at her email address, which is the address Plaintiff 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. Plaintiff did not appear at the May 8, 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.