Opinion
9776-22
06-29-2023
ANDREW T. POE, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Kathleen Kerrigan Chief Judge
This case was continued from the Court's January 9, 2023, Denver, Colorado trial session, and jurisdiction was retained by Judge Cary Douglas Pugh. On February 8, 2023, respondent filed a Status Report advising the Court that petitioner's counsel had not provided the requested documents and that respondent's counsel believed there is a "fundamental disconnect between the parties". Petitioner did not file a status report as directed.
On February 17, 2023, we directed the parties to file further reports by March 20, 2023, and directed petitioner to address specifically what progress has been made in developing this case for trial or resolution. We advised petitioner that if he did not attempt to provide respondent the requested documents, he would have to demonstrate why his failure to produce those documents should not give rise to a negative inference. On March 20, 2023, respondent filed a Status Report advising that there had been "little change" and that "no documentation has been provided regarding petitioner's claims in this case". Respondent further stated that respondent's counsel plans to schedule an in-person interview with petitioner in May of 2023. Petitioner did not file a status report as directed.
On March 30, 2023, we ordered the parties to have the in-person interview by May 30, 2023, and file status reports by June 20, 2023. On June 20, 2023, respondent filed a Status Report. In the report respondent stated that the parties met on May 24, 2023, and that "petitioner and his counsel [would] supply [documents] to respondent necessary to support his case." Respondent further stated that since the in-person meeting "petitioner has been wholly non-responsive." To date, petitioner has filed no status reports as directed.
Upon due consideration of the persistent pattern of nonresponsiveness by petitioner and his counsel, and to facilitate a timely resolution, it is hereby
ORDERED that jurisdiction of this case is no longer retained by Judge Cary Douglas Pugh. It is further
ORDERED that this case is calendared for trial during the Court's September 11, 2023, Denver, Colorado trial session scheduled to commence at 10:00 a.m. in Room C502, Byron G. Rogers U.S. Courthouse, 1929 Stout St., Denver, Colorado 80294. It is further
ORDERED that the Clerk of the Court also shall serve on the parties a copy of the Standing Pretrial Order for the Court's September 11, 2023, Denver, Colorado trial session. This Order constitutes official notice of its contents to the parties.