Opinion
1814-20
07-18-2023
MICHAEL W. AUBIN & KERRY A. AUBIN, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
James S. Halpern, Judge
By order served on June 8, 2023, we denied the parties' separate motions for partial summary judgment. On July17, 2023, the Court held a teleconference to discuss with the parties how to proceed with this case. Respondent asked that we grant her time to file another motion for partial summary judgment before considering whether to set the case for trial. Respondent's counsel said that it could take as long as 90 days to draft and submit an appropriate motion. Petitioners, while at first expressing their wish to proceed to trial, ultimately agreed that respondent should have the opportunity to again ask for full or partial summary judgment before the Court considers setting the case for trial. It is, therefore, ORDERED that on or before October 18, 2023, respondent shall file with the Court and serve on petitioners her motion for full or partial summary judgment. It is further
ORDERED that petitioners shall, 30 days after receipt of the above-referenced motion, file a response with the Court and serve on respondent.