Opinion
14949-10 14962-10 9096-23
06-23-2023
EMILIO EXPRESS, INC., ET AL Petitioner(s) v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Kathleen Kerrigan Chief Judge
On June 5, 2023, in the consolidated cases at Docket Nos. 14949-10 and 14962-10, the Court issued an Order denying without prejudice petitioners' Motion to Vacate Summary Judgment and Order.
On June 8, 2023, petitioners electronically filed another Motion to Vacate Summary Judgment and Order, inadvertently commencing a separate case at Docket No. 9096-23. That motion, however, clearly relates to Docket Nos. 14949-10 and 14962-10.
Upon due consideration of the foregoing, it is
ORDERED that, on the Court's own motion, the case at Docket No. 9096-23 is closed on the grounds of duplication with respect to petitioners' consolidated cases at Docket Nos. 14949-10 and 14962-10. It is further
ORDERED that the Clerk of the Court shall copy the document filed June 8, 2023, as the petition to commence the case at Docket No. 9096-23 and file it as of that same date in petitioners' consolidated cases at Docket Nos. 14949-10 and 14962-10 as a Motion for Leave to File Motion to Vacate Summary Judgment and Order (Embodying Motion to Vacate).