Fascell v. Clackamas County Assessor ( 2012 )

IN THE OREGON TAX COURT MAGISTRATE DIVISION Property Tax RUDY FASCELL ) and PATTI FASCELL, ) ) Plaintiffs, ) TC-MD 120198D ) v. ) ) CLACKAMAS COUNTY ASSESSOR, ) ) Defendant. ) DECISION OF DISMISSAL This matter is before the court on its own motion to dismiss this case for lack of prosecution. On June 25, 2012, the court sent the parties a Journal Entry instructing Plaintiffs to file a written response, stating three mutually convenient trial dates or a request to withdraw within 14 days of the date of the Journal Entry. The Journal Entry advised that failure to comply with the deadline set forth therein would result in dismissal of Plaintiffs’ appeal. Plaintiffs’ deadline has passed and the court has not received the Plaintiffs’ three mutually convenient trial dates or request to withdraw or any further communication from Plaintiffs. As a consequence, the court finds this matter should be dismissed for lack of prosecution. Now, therefore, /// /// /// /// /// /// DECISION OF DISMISSAL TC-MD 1 IT IS THE DECISION OF THIS COURT that this matter is dismissed. Dated this day of July 2012. JILL A. TANNER PRESIDING MAGISTRATE 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. This document was signed by Presiding Magistrate Jill A. Tanner on July 11, 2012. The Court filed and entered this document on July 11, 2012. DECISION OF DISMISSAL TC-MD 2