Opinion
TC-MD 130439N
09-30-2013
MILES LAURENCE MAIILLET and ANGELIQUE MARIE ARCHAMBAULT, Plaintiffs 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 10:30 a.m. on September 11, 2013, to consider Plaintiffs' appeal. On August 22, 2013, the court sent notice of the scheduled case management conference to Plaintiffs at the email address Plaintiffs provided to the court. The notice was not returned as undeliverable. The notice advised that if Plaintiffs did not appear, the court might dismiss the appeal.
On September 11, 2013, the court sent Plaintiffs a letter which explained the importance of diligently pursuing an appeal. That letter sent to the address that Plaintiffs provided to the court was not returned as undeliverable. The letter advised that if Plaintiffs did not provide a written explanation by September 25, 2013, for their failure to appear, the court would dismiss this appeal. As of this date, Plaintiffs have not submitted a written response to the court explaining their 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.