Opinion
TC-MD 130398D
12-20-2013
THOMAS M. CHRISTENSEN and GISELLA A. CHRISTENSEN, Plaintiffs v. DEPARTMENT OF REVENUE, State of Oregon, Defendant.
FINAL DECISION OF DISMISSAL
JILL A. TANNER PRESIDING MAGISTRATE JUDGE.
This matter is before the court on its own motion to dismiss this case for lack of prosecution.
On December 3, 2013, the court sent Plaintiffs an Order instructing Plaintiffs to file a signed stipulation, request to withdraw, or three mutually convenient trial dates within 14 days from the date of the Order. The court's Order advised that failure to comply with the deadlines set forth therein might result in dismissal of Plaintiffs' appeal. (Order at 1.) The court's Order was filed after Plaintiffs failed to submit a written status report by November 25, 2013.
Plaintiffs' deadline has passed and the court has not received Plaintiffs' signed stipulation, request to withdraw, or three mutually convenient trial dates or any further communication from Plaintiffs. In addition to failing to respond to the court's Order, Plaintiffs' representative failed to file a written status report by November 25, 2013, and failed to appear for two case management conferences. As a consequence, 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.