Opinion
TC-MD 130008N
03-29-2013
ARCLIN SURFACES, INC., Plaintiff, v. MULTNOMAH COUNTY ASSESSOR, Defendant and DEPARTMENT OF REVENUE, State of Oregon, Defendant- Intervenor.
DECISION OF DISMISSAL
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 9:45 a.m. on March 4, 2013, to consider Plaintiff's appeal. On February 11, 2013, the court sent notice of the scheduled case management conference to Plaintiff's authorized representative at the 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 March 13, 2013, the court sent a letter to Plaintiff's authorized representative that explained the importance of diligently pursuing an appeal. That letter was not returned as undeliverable. The letter stated that if Plaintiff did not provide a written explanation by March 26, 2013, 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 4, 2013, 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.
_________________
ALLISON R. BOOMER
MAGISTRATE
If you want to appeal this Decision, file a Complaint in the Regular Division of the Oregon Tax Court, by mailing to: 1163 State Street, Salem, OR 97301-2563; or by hand delivery to: Fourth Floor, 1241 State Street, Salem, OR. Your Complaint must be submitted within 60 days after the date of the Decision or this Decision becomes final and cannot be changed.