Opinion
36565-21
04-03-2023
JUAN MENDOZA & MIREYA DAVIDSON, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Emin Toro Judge
On November 14, 2022, respondent filed a Motion to Dismiss for Failure to Properly Prosecute (Doc. 10). On November 22, 2022, the Court held a conference call with the parties to discuss the current status of the case and respondent's pending Motion. On December 2, 2022, respondent filed a Status Report (Doc. 12) indicating that respondent's counsel is continuing to work with petitioners in an effort to resolve the case.
On December 5, 2022, this case was called from the calendar during the Court's New York, New York, trial session. Counsel for respondent appeared and was heard. There was no appearance by or on behalf of petitioners. Respondent requested that the Court hold the Motion in abeyance to give petitioners an opportunity to provide additional information.
By Order served December 12, 2022, among other things, respondent's Motion to Dismiss for Failure to Properly Prosecute was held in abeyance and the undersigned judge retained jurisdiction.
On March 6, 2023, respondent filed a Status Report (Doc. 20). On March 24, 2023, the Court held a conference call with the parties to discuss the current status of the case and respondent's pending Motion. As discussed during the conference call and agreed to by the parties, to give the parties additional time to exchange documents and engage in possible settlement discussions, the Court will continue to hold respondent's pending Motion in abeyance and direct the parties to file a status report.
Upon due consideration, it is hereby
ORDERED that, on or before May 23, 2023, the parties shall file with the Court either a joint status report (or, if that is not expedient, then separate reports) describing the status of the case or a stipulated decision document.