Opinion
TC-MD 160236R
09-16-2016
ASHLEY MOORE, Plaintiff, v. DEPARTMENT OF REVENUE, State of Oregon, Defendant.
This Final Decision of Dismissal incorporates without change the court's Decision of Dismissal, entered August 29, 2016. The court did not receive a statement of costs and disbursements within 14 days after its Decision of Dismissal was entered. See Tax Court Rule-Magistrate Division (TCR-MD) 16 C(1).
RICHARD DAVIS MAGISTRATE Judge.
This matter came before the court on its own motion to dismiss this case for lack of prosecution.
A case management conference was scheduled for 9:00 a.m. on August 10, 2016, to consider Plaintiff's appeal. On July 27, 2016, the court sent notice of the scheduled case management conference to Plaintiff at the e-mail address she provided to the court. The court's notice was not returned as undeliverable. That notice advised that if Plaintiff did not appear, the court might dismiss the appeal.
Plaintiff failed to appear for the scheduled case management conference. On August 11, 2016, the court sent Plaintiff 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 did not provide a written explanation by August 25, 2016, for her failure to appear, the court would dismiss the appeal. As of this date, Plaintiff has not submitted a written response to the court's letter explaining her failure to appear. 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 Plaintiff's appeal is dismissed.