Opinion
20376-19L
04-29-2024
AMENITY MODICUM, INC. F.K.A. COMMUNITY MEDIA INC., Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Courtney D. Jones Judge.
This case is before the Court on the parties' Status Report, filed April 23, 2024. (Doc. 44). For the reasons set forth herein, we will stay this case.
On October 11, 2023, the parties filed a First Stipulation of Facts (Doc. 35). Further, on October 24, 2023, the parties filed a joint Motion to Submit Case Pursuant to Rule 122 (Doc. 33). Upon review of the record, the Court observed that this case may involve common questions of law or fact with two other cases pending in this Division: (1) Branch Brook Inc. v. Commissioner, Docket No. 19614-19L; and (2) J SB Montana, Inc. v. Commissioner, Docket No. 4674-20L. See Rule 141(a). Thus, the Court issued an Order directing the parties to file a response setting forth their position regarding consolidation of all three cases. (Doc. 36). The parties objected. (Doc. 37). Thus, on December 13, 2023, the Court Ordered that this case is submitted and directed the parties to file simultaneous briefing. (Doc. 38).
After this matter was fully briefed, the parties filed a Status Report. Therein, the parties informed the Court that similar issues are currently before the U.S. Court of Appeals for the Second Circuit in six consolidated cases that originated in this Court: Besicorp Group, Inc. v. Commissioner; Day Stores, Inc. v. Commissioner; Humboldt Shelby Holding Corp. v. Commissioner; The Markell Co., Inc. v. Commissioner; Vance Finance & Holding Corp. v. Commissioner; and Seashore Broadcasting Corp. v. Commissioner (collectively the Consolidated Appellate Cases).
The parties also stated that another related case-Warner Enterprises, Inc. v. Commissioner-is also pending before the Second Circuit, but it is currently stayed pending resolution of the Consolidated Appellate Cases.
In addition, the Status Report set forth the parties' positions regarding a stay of proceedings in this case. Petitioner believes a stay would "result in judicial economy and enable the parties to conserve their resources." Respondent does not agree because "the case is fully briefed and no further actions by the parties will be taken in this case."
Upon due consideration of the foregoing and in the interest of judicial economy, it is
ORDERED that on the Court's own motion, this case is stayed pending a decision by the U.S. Court of Appeals for the Second Circuit in the Consolidated Appellate Cases. It is further
ORDERED that the parties are free to file a motion seeking to lift the stay, in full or in part, at any time, and the Court will act upon the motion for good cause shown. It is further
ORDERED that on or before October 25, 2024, the parties shall file a status report (jointly if possible, otherwise separately) outlining the then-present status of this case. Status reports shall be due each six months thereafter, or within fourteen days after the Second Circuit enters a decision in the Consolidated Appellate Cases, whichever is earlier.