Opinion
TC-MD 150040N
05-11-2015
LESLIE N. GARNER, Plaintiff v. DEPARTMENT OF REVENUE, State of Oregon, Defendant.
FINAL DECISION OF DISMISSAL
ALLISON R. BOOMER MAGISTRATE
This Final Decision incorporates without change the court's Decision entered on April 21, 2015. The court did not receive a request for an award of costs and disbursements within 14 days after its Decision was entered. See TCR-MD 16.
This matter is before the court on its own motion to dismiss this case for lack of prosecution.
A case management conference was scheduled for 10:30 a.m. on March 30, 2015, to consider Plaintiff's appeal. On March 12, 2015, the court sent notice of the scheduled case management conference to Plaintiff's representative at the e-mail address provided to the court. The court's notice was not returned as undeliverable. That notice advised that if Plaintiff's representative did not appear, the court might dismiss the appeal.
Plaintiff's representative failed to appear for the scheduled case management conference. On March 31, 2015, the court sent Plaintiff's representative 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's representative did not provide a written explanation by April 14, 2015, for his failure to appear, the court would dismiss the appeal. As of the date of this Decision of Dismissal, Plaintiff's representative has not submitted a written response to the court's letter explaining his failure to appear, or provided any other written communication. Under such circumstances, the court finds Plaintiff's appeal must be dismissed for lack of prosecution. Now, therefore, IT IS THE DECISION OF THIS COURT that Plaintiff's Complaint is dismissed.