Eric Hacault v. DOR

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IN THE OREGON TAX COURT MAGISTRATE DIVISION Income Tax ERIC HACAULT, Plaintiff, v. DEPARTMENT OF REVENUE, State of Oregon, Defendant. ) ) ) ) ) ) ) ) ) ) TC-MD 041096D DECISION 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 January 11, 2005, to consider Plaintiff s appeal. On December 9, 2004, notice of the case management conference was sent to Plaintiff at 5905 NE 113th, Vancouver, Washington 98686, which was the address Plaintiff provided to the court. The notice was not returned as undeliverable. Plaintiff did not appear at the case management conference, and there was no explanation for Plaintiff s failure to appear. On January 11, 2005, the court sent Plaintiff 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 January 26, 2005, for her failure to appear, the court would dismiss the appeal. As of this date, Plaintiff has not contacted the court. Under such circumstances, the court finds the appeal must be dismissed for want of prosecution. Now, therefore, /// /// /// /// DECISION OF DISMISSAL TC-MD 041096D 1 IT IS THE DECISION OF THIS COURT that this matter be dismissed. Dated this _____ day of February 2005. ________________________________ JILL A TANNER PRESIDING MAGISTRATE THIS DOCUMENT WAS SIGNED BY PRESIDING MAGISTRATE JILL A. TANNER ON FEBRUARY 2, 2005 . THE COURT FILED THIS DOCUMENT ON FEBRUARY 2, 2005. IF YOU WANT TO APPEAL THIS DECISION, 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 DECISION OR THIS DECISION BECOMES FINAL AND CANNOT BE CHANGED. DECISION OF DISMISSAL TC-MD 041096D 2

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