Chewning v. DOR
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IN THE MAGISTRATE DIVISION OF THE OREGON TAX COURT Small Claims Income Tax RONALD S. AND MARTHA S. CHEWNING, Plaintiffs, v. DEPARTMENT OF REVENUE, STATE OF OREGON, Defendant. ) ) ) ) ) ) ) ) ) ) No. 001147E DECISION AND JUDGMENT OF DISMISSAL This matter is before the court on its own motion to dismiss this case for want of prosecution. A case management conference was scheduled on January 2, 2001, to consider plaintiffs appeal. On November 29, 2000, notice of the case management conference was sent to plaintiffs at 203 NE 95th Avenue, Vancouver, WA 98664, which was the address plaintiffs provided to the court. The notice was not returned as undeliverable. Plaintiffs did not appear at the case management conference and there was no explanation for plaintiffs failure to appear. On January 2, 2001, the court sent plaintiffs a letter that explained the importance of diligently pursuing an appeal. This letter was not returned as undeliverable. The letter advised that if plaintiffs did not provide a written explanation by January 16, 2001, for their failure to appear, the court would dismiss the appeal. As of this date, plaintiffs have not contacted the court. Under such circumstances, the court finds the appeal must be dismissed for want of prosecution. Now, therefore; /// DECISION AND JUDGMENT OF DISMISSAL 1 IT IS HEREBY ADJUDGED AND DECREED that the Complaint is dismissed. Dated this ____ day of January, 2001. ______________________________ COYREEN R. WEIDNER MAGISTRATE THIS DOCUMENT WAS SIGNED BY MAGISTRATE COYREEN R. WEIDNER ON JANUARY 24, 2001. THE COURT FILED THIS DOCUMENT ON JANUARY 24, 2001. DECISION AND JUDGMENT OF DISMISSAL 2
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