Opinion
TC-MD 160031N
06-21-2016
JUSTIN SCHAUMBURG and MICHELLE SCHAUMBURG, Plaintiffs, v. DEPARTMENT OF REVENUE, State of Oregon, Defendant.
This Final Decision of Dismissal incorporates without change the court's Decision of Dismissal, entered June 3, 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).
ALLISON R. BOOMER, MAGISTRATE
This matter came before the court on its own motion to dismiss this case for lack of prosecution.
During a case management conference held in this matter, Plaintiffs agreed to a schedule. On March 14, 2016, the court sent the parties a Journal Entry memorializing the parties' agreement. Plaintiffs agreed to file, by May 9, 2016, a written response to Defendant's recommendations stating whether Defendant's recommendations are accepted in full or in part; Plaintiffs' appeal is withdrawn; or a trial is requested. (Journal Entry at 1.) The Journal Entry advised that failure to comply with the deadlines set forth therein might result in dismissal of Plaintiffs' appeal. (Id.) That deadline passed and the court did not receive Plaintiffs' written response or any further communication from Plaintiffs.
On May 13, 2016, the court issued an Order requiring that, within 14 days of the date of the Order, Plaintiffs provide a written status report with three mutually convenient trial dates, a signed stipulated agreement, or Plaintiffs' request to withdraw their appeal. (Or at 2.) As of the date of this Decision of Dismissal, the court has not received Plaintiffs' written response or any further communication from Plaintiffs. As a consequence, the court finds this matter should be dismissed for lack of prosecution. Now, therefore, IT IS THE DECISION OF THIS COURT that Plaintiffs' appeal is dismissed.