Opinion
TC-MD 111098N
06-04-2012
JARED WELSH, Plaintiff v. DEPARTMENT OF REVENUE, State of Oregon, Defendant.
DECISION OF DISMISSAL
ALLISON R. BOOMER MAGISTRATE PRO TEMPORE
This matter is before the court on its own motion to dismiss this case for lack of prosecution.
A case management conference was held in this matter on January 30, 2012, during which the parties agreed to a schedule by which exchange information. Plaintiff agreed to send additional information and documents to Defendant by March 15, 2012, and file a response with the court by May 29, 2012. The court issued a Journal Entry on January 31, 2012, memorializing the parties' agreed upon schedule. The Journal Entry advised that failure to comply with the deadlines set forth therein might result in dismissal of Plaintiff's appeal.
On May 11, 2012, Defendant's representative Kevin Cole filed a letter with the court outlining his communications with Plaintiff following the January 30, 2012, case management conference and stating that, as of the date of the letter, Defendant had not received any of the requested information from Plaintiff. During the January 18, 2012, conference, Plaintiff agreed to file a response to Defendant's recommendations by May 29, 2012. That date has passed and, as of the date of this decision, the court has received no further communication from Plaintiff. Under such circumstances, the court finds that Plaintiff's appeal should be dismissed for lack of prosecution. Now, therefore, IT IS THE DECISION OF THIS COURT that this matter is dismissed.