Opinion
TC-MD 160051N
06-09-2016
SALLY ANNE CLOSE, Plaintiff, v. DEPARTMENT OF REVENUE, State of Oregon, Defendant.
FINAL DECISION OF DISMISSAL
ALLISON R. BOOMER MAGISTRATE JUDGE
This Final Decision of Dismissal incorporates without change the court's Decision of Dismissal, entered May 20, 2016. The court did not receive a statement of costs and disbursements within 14 days after its Decision of Dismissal was entered. See TCR-MD 16 C(1).
Tax Court Rules-Magistrate Division (TCR-MD)
This matter came before the court on its own motion to dismiss this case for lack of prosecution.
A case management conference was scheduled for 9:00 a.m. on May 2, 2016, to consider Plaintiff's appeal. On April 13, 2016, the court sent notice of the scheduled case management conference to Plaintiff at the address Plaintiff provided to the court. The court's notice was not returned as undeliverable. That notice advised that if Plaintiff did not appear, the court might dismiss the appeal.
Plaintiff failed to appear for the scheduled case management conference. On May 2, 2016, the court sent Plaintiff 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 Plaintiff did not provide a written explanation by May 16, 2016, for her failure to appear, the court would dismiss the appeal. As of this date, Plaintiff has not submitted a written response to the court's letter explaining her failure to appear. Under the circumstances, the court finds the appeal must be dismissed for lack of prosecution. Now, therefore, IT IS THE DECISION OF THIS COURT that Plaintiff's appeal is dismissed.