Opinion
TC-MD 130424N
09-30-2013
MARIA G. FRANCO MACIEL, Plaintiff v. DEPARTMENT OF REVENUE, State of Oregon, Defendant.
FINAL 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 9:30 a.m. on September 11, 2013, to consider Plaintiff's appeal. On August 14, 2013, the court sent notice of the scheduled case management conference to Plaintiff 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 September 11, 2013, the court sent Plaintiff a letter that explained the importance of diligently pursuing an appeal. That letter sent to the address that Plaintiff provided to the court was not returned as undeliverable. The letter advised that if Plaintiff did not provide a written explanation by September 25, 2013, for her failure to appear, the court would dismiss this appeal. As of this date, Plaintiff has not submitted a written response to the court explaining her failure to appear at the September 11, 2013, 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.