Opinion
10044-22S
05-02-2023
ELIZABETH BARTZ & WILLIAM EDWARD BARTZ, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
EUNKYONG CHOI SPECIAL TRIAL JUDGE
This case is currently calendared for trial at the Court's Winston-Salem, North Carolina trial session, which is scheduled to begin May 30, 2023. On April 21, 2023, petitioners filed a Motion for Continuance. On April 24, 2023, the Clerk recharacterized this as a Pretrial Memorandum (index #13). Upon review it was seen that therein petitioners were, asking for a continuance and had apparently used the wrong form to make their Motion for Continuance. On April 24, 2023, the Court served an Order on the parties (index #15) recharacterizing petitioners' Pretrial Memorandum as a Motion for Continuance and instructing respondent to on or before May 9, 2023, file a response to petitioners' Motion for Continuance indicating therein any objection they may have to the granting of it by the Court. On May 2, 2023 respondent filed a response indicating therein that he had no objection to the granting of the Motion.
Upon due consideration it is hereby
ORDERED that petitioners' Motion for Continuance filed April 21, 2023, (Index #13) is granted and this case is continued. It is further
ORDERED that this case is stricken from the Court's above-referenced trial calendar. It is further
ORDERED that this case is returned to the general docket for trial or other disposition.