Opinion
TC-MD 120651N
10-17-2012
GREGG ALEXANDER FLEMING, Plaintiff v. DEPARTMENT OF REVENUE, State of Oregon, Defendant.
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.
A case management conference was held on September 11, 2012, during which the parties agreed to a briefing schedule. That schedule was memorialized in a Journal Entry issued September 12, 2012. Plaintiff agreed to file a written response to Defendant's Motion to Dismiss by October 11, 2012. The Journal Entry advised that failure to comply with the deadlines set forth therein might result in dismissal of Plaintiff's appeal.
Plaintiff's deadline to respond to Defendant's Motion to Dismiss has passed and the court has not received Plaintiff's written response or any further communication from Plaintiff. Under such circumstances, this matter should be dismissed for lack of prosecution. Now, therefore, IT IS THE DECISION OF THIS COURT that Plaintiff's Complaint is dismissed.