Opinion
TC-MD 150456N
02-23-2016
MARISOL CORONEL and JUAN RAMIREZ, Plaintiffs, v. DEPARTMENT OF REVENUE, State of Oregon, Defendant.
FINAL DECISION OF DISMISSAL
ALLISON R. BOOMER MAGISTRATE
This Final Decision of Dismissal incorporates without change the court's Decision of Dismissal, entered February 5, 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).
This matter came before the court on its own motion to dismiss this case for lack of prosecution.
A case management conference was scheduled at 10:30 a.m. on January 19, 2016, to consider Plaintiffs' appeal. On December 29, 2015, the court sent notice of the scheduled case management conference to Plaintiffs at the address Plaintiffs provided to the court. The court's notice was not returned as undeliverable. That notice advised that if Plaintiffs did not appear, the court might dismiss the appeal.
Plaintiffs failed to appear for the scheduled case management conference. On January 19, 2016, 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 February 2, 2016, for their failure to appear, the court would dismiss the appeal. As of this date, Plaintiffs have not submitted a written response to the court's letter explaining their 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 Plaintiffs' appeal is dismissed.