Opinion
TC-MD 130362C
02-04-2014
JAMES THOMAS and SUSAN THOMAS, Plaintiffs v. MULTNOMAH COUNTY ASSESSOR, Defendant.
FINAL DECISION OF DISMISSAL
DAN ROBINSON 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 February 4, 2014, to consider Plaintiffs' appeal. On September 3, 2013, the court sent notice of the scheduled trial to Plaintiffs' representative at the email address 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.
Plaintiffs failed to appear for the February 4, 2014, trial and failed to provide an explanation for their 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.
After the time scheduled for trial on February 4, 2014, Defendant faxed a letter to the court including a letter by taxpayers dated December 23, 2013, stating, “[we] do not wish to pursue any further questions regarding [our] tax bill. * * * Please discontinue the lawsuit.” (Def's Ltr at 2, Feb 4, 2014.) The court has no record of Plaintiffs' December 23, 2013, letter filed with the court.