Opinion
TC-MD 120579N
08-27-2012
MARILYN G. FLINDERS, Plaintiff v. DEPARTMENT OF REVENUE, State of Oregon, Defendant.
DECISION OF DISMISSAL
ALLISON R. BOOMER MAGISTRATE
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 10:30 a.m. on August 8, 2012, to consider Plaintiff's appeal. On July 20, 2012, the court sent notice of the scheduled case management conference to Plaintiff's authorized representative at the email address that 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 August 8, 2012, 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 advised that if Plaintiff's authorized representative did not provide a written explanation by August 23, 2012, for his failure to appear, the court would dismiss Plaintiff's appeal. As of this date, Plaintiff's authorized representative has not submitted a written response to the court explaining his failure to appear at the August 8, 2012, 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.