Opinion
TC-MD 130037C
04-12-2013
BEAVERTON ELKS NO 1989 BPOE OF THE US, Plaintiff v. WASHINGTON COUNTY ASSESSOR, Defendant.
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 case management conference was scheduled at 9:00 a.m. on March 25, 2013, to consider Plaintiff's appeal. On March 5, 2013, the court sent notice of the scheduled case management conference to Plaintiff's representative at the email address Plaintiff provided to the court. The notice was not returned as undeliverable. The notice advised that if Plaintiff did not appear, the court might dismiss the appeal.
On March 25, 2013, the court mailed Plaintiff's representative a letter which explained the importance of diligently pursuing an appeal. That letter was not returned as undeliverable. The letter advised that if Plaintiff did not provide a written explanation by April 8, 2013, for its failure to appear, the court would dismiss the appeal. As of this date, Plaintiff has not submitted a written response to the court explaining its failure to appear at the March 25, 2013, case management conference. 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 Complaint is dismissed.