Opinion
TC-MD 111113D
05-02-2012
MBZ LLC, CLAMS LLC, and BERNIE ZIEMINSKI, Plaintiffs v. JACKSON COUNTY ASSESSOR, Defendant.
DECISION OF DISMISSAL
JILL A. TANNER PRESIDING MAGISTRATE JUDGE
This matter is before the court on its own motion to dismiss this case for lack of prosecution.
A trial was scheduled at 9:00 a.m. on May 1, 2012, to consider Plaintiffs' appeal. On February 27, 2012, the court sent notice of the scheduled trial to Plaintiffs via email, using 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.
The parties agreed to the trial date at the case management conference held February 27, 2012. Bernie Zieminski appeared on behalf of Plaintiffs. Lorrie Williams appeared on behalf of Defendant.
Plaintiffs failed to appear for the scheduled trial. Defendant appeared. 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.