Opinion
11364-20
03-30-2022
Robert E. Berry & Christy L. Berry Petitioners v. Commissioner of Internal Revenue Respondent
ORDER
Emin Toro, Judge
On February 14, 2022, respondent filed a Motion to Dismiss for Failure to Properly Prosecute (Doc. 8) that recounts respondent's efforts to contact petitioners. By Order served February 16, 2022, petitioners were directed on or before March 1, 2022, to file a response to respondent's motion. By the same Order, the Court set respondent's motion for a hearing at the Court's trial session scheduled to commence on March 7, 2022. On February 23, 2022, the Court held a conference call with the parties to discuss the current status of the case and respondent's pending motion.
On March 7, 2022, this case was called and recalled from the calendar for the Court's Dallas, Texas, trial session. Petitioners and counsel for respondent appeared and were heard. Respondent's counsel made an oral motion for continuance requesting that the Court continue the case to the June 14, 2022, Dallas, Texas, special trial session. Petitioners offered no objection.
Upon due consideration, and for cause more fully appearing in the transcript of the proceedings, it is hereby
ORDERED that respondent's Motion to Dismiss for Failure to Properly Prosecute filed February 14, 2022, is denied without prejudice to being renewed if necessary. It is further
ORDERED that respondent's oral Motion for Continuance is granted, in that this case is continued to the Court's June 14, 2022, Dallas, Texas, special trial session. It is further
ORDERED that this case is set for trial at a date and time certain of 10:00 a.m. Central Time on Tuesday, June 14, 2022, in Room 726, Earle Cabell Federal Building & U.S. Courthouse, 1100 Commerce Street, Dallas, Texas, 75242. It is further
ORDERED that, on or before April 6, 2022, the parties shall file with the Court a joint report (or, if that is not expedient, then separate reports) describing the status of the case. The report should also include a proposed pretrial schedule. It is further
ORDERED that the undersigned judge retains jurisdiction of this case.
This Order constitutes official notice of its contents to the parties.