Opinion
26549-22
05-15-2024
ELIZABETH S. BAKER, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Emin Toro Judge
This case is currently calendared for trial during the Court's May 20, 2024, Helena, Montana, trial session. On April 29, 2024, respondent filed a Motion to Dismiss for Lack of Prosecution (Doc. 10). On May 3, 2024, respondent filed a Supplement to Motion Dismiss (Doc. 13).
On May 14, 2024, the Court held a conference call with the parties to discuss among other things, respondent's pending Motion to Dismiss for Lack of Prosecution. As discussed during the conference call and agreed to by petitioner and respondent's counsel, the Court will strike this case from the May 20, 2024, Helena, Montana, trial session.
Upon due consideration, it is hereby
ORDERED that respondent's Motion to Dismiss for Lack of Prosecution filed April 29, 2024, as supplemented on May 3, 2024, is denied without prejudice to respondent's right to renew. It is further
ORDERED that this case is stricken from the May 20, 2024, Helena, Montana, trial session, and the parties are excused from appearing at the calendar call on May 20, 2024. It is further
ORDERED that, on or before August 12, 2024, the parties shall file with the Court either a joint report (or, if that is not expedient, then separate reports) describing the status of the case or a stipulated decision document. It is further
ORDERED that jurisdiction of this case is retained by the undersigned judge.