Opinion
TC-MD 130081N
04-30-2013
GORGE LODGING, LLC, Plaintiff v. MULTNOMAH COUNTY ASSESSOR, Defendant.
DECISION OF DISMISSAL
ALLISON R. BOOMER 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 scheduled at 9:00 a.m. on April 11, 2013, to consider Plaintiff's appeal. On March 27, 2013, the court sent notice of the scheduled case management conference to Plaintiff's authorized representative at the email address Plaintiff 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 April 11, 2013, the court sent Plaintiff's authorized representative a letter which explained the importance of diligently pursuing an appeal. That letter was not returned as undeliverable. The letter stated that if Plaintiff's authorized representative did not provide a written explanation by April 25, 2013, for his failure to appear, the court would dismiss the 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 April 11, 2013, case management conference. Under such circumstances, Plaintiff's appeal must be dismissed for lack of prosecution. Now, therefore, IT IS THE DECISION OF THIS COURT that the Complaint is dismissed. Dated this day of April 2013.