Hernandez v. Department of Revenue, Tc-Md 091568c (or.tax 3-1-2010)

Oregon Tax Court

Hernandez v. Department of Revenue, Tc-Md 091568c (or.tax 3-1-2010)

DecidedMarch 1, 2010

DocketTC-MD 091568C.

StatusPublished

This text of Hernandez v. Department of Revenue, Tc-Md 091568c (or.tax 3-1-2010) (Hernandez v. Department of Revenue, Tc-Md 091568c (or.tax 3-1-2010)) is published on Counsel Stack Legal Research, covering Oregon Tax Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hernandez v. Department of Revenue, Tc-Md 091568c (or.tax 3-1-2010), (Or. Super. Ct. 2010).

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Opinion

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 on January 26, 2010, to consider Plaintiff's appeal. On December 23, 2009, notice of the case management conference was sent to Plaintiff at 5350 NW HWY 99, Corvallis, OR 97330, 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 27, 2010, 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 February 12, 2010, for his 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, *Page 2

IT IS THE DECISION OF THIS COURT that the Complaint is dismissed.

Dated this ___ day of March 2010.

If you want to appeal this Decision, file a Complaint in the RegularDivision of the Oregon Tax Court, by mailing to: 1163 State Street,Salem, OR 97301-2563; or by hand delivery to: Fourth Floor, 1241 StateStreet, Salem, OR. Your Complaint must be submitted within 60 days after the date of theDecision or this Decision becomes final and cannot be changed. This Decision was signed by Magistrate Dan Robinson on March 1, 2010.The court filed and entered the Decision on March 1, 2010.

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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 on January 26, 2010, to consider Plaintiff's appeal. On December 23, 2009, notice of the case management conference was sent to Plaintiff at 5350 NW HWY 99, Corvallis, OR 97330, 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 27, 2010, 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 February 12, 2010, for his 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, *Page 2

IT IS THE DECISION OF THIS COURT that the Complaint is dismissed.

Dated this ___ day of March 2010.

If you want to appeal this Decision, file a Complaint in the RegularDivision of the Oregon Tax Court, by mailing to: 1163 State Street,Salem, OR 97301-2563; or by hand delivery to: Fourth Floor, 1241 StateStreet, Salem, OR. Your Complaint must be submitted within 60 days after the date of theDecision or this Decision becomes final and cannot be changed. This Decision was signed by Magistrate Dan Robinson on March 1, 2010.The court filed and entered the Decision on March 1, 2010.

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Bluebook (online)

Hernandez v. Department of Revenue, Tc-Md 091568c (or.tax 3-1-2010), Counsel Stack Legal Research, https://law.counselstack.com/opinion/hernandez-v-department-of-revenue-tc-md-091568c-ortax-3-1-2010-ortc-2010.