Opinion
TC-MD 150214N
07-02-2015
A. WAYNE SCOTT and MARLENE L. SCOTT, Plaintiffs, v. CLACKAMAS COUNTY ASSESSOR, Defendant.
FINAL DECISION OF DISMISSAL
This Final Decision of Dismissal incorporates without change the court's Decision of Dismissal entered on June 15, 2015. The court did not receive a request for an award of costs and disbursements within 14 days after its Decision of Dismissal was entered. See TCR-MD 16.
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 May 26, 2015, to consider Plaintiffs' appeal. On May 11, 2015, the court sent notice of the scheduled case management conference to Plaintiffs' authorized representative, Thomas Scott, at the email address he provided to the court. The court's notice was not returned as undeliverable. That notice advised that if Plaintiffs' representative did not appear, the court might dismiss the appeal.
Plaintiffs' representative failed to appear for the scheduled case management conference. On May 26, 2015, the court sent Plaintiffs' representative 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 Plaintiffs' representative did not provide a written explanation by June 9, 2015, for his failure to appear, the court would dismiss the appeal. As of this date, Plaintiffs' representative has not submitted a written response to the court's letter explaining his 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 the Complaint is dismissed.
Dated this ___ day of July 2015.
/s/_________
ALLISON R. BOOMER
MAGISTRATE
If you want to appeal this Final Decision of Dismissal , file a Complaint in the Regular Division of the Oregon Tax Court , by mailing to: 1163 State Street , Salem , OR 97301-2563; or by hand delivery to: Fourth Floor , 1241 State Street , Salem , OR. Your Complaint must be submitted within 60 days after the date of the Final Decision of Dismissal or this Final Decision of Dismissal cannot be changed. TCR-MD 19 B. This document was filed and entered on July 2 , 2015.