Opinion
5596-23W
07-21-2023
EDGAR A. DAMAS ESTACO, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Kathleen Kerrigan Chief Judge.
On July 17, 2023, respondent filed under seal a Motion to Dismiss for Lack of Jurisdiction (motion to dismiss). We will seal respondent's motion and direct respondent to also file a properly redacted copy of his motion to dismiss. We note that the case of Kennedy v. Commissioner, No. 21-1133 (D.C. Cir.), currently pending before the United States Court of Appeals for the District of Columbia Circuit (to which, absent a stipulation, all whistleblower cases are appealable), potentially affects our jurisdiction in this case.
Upon due consideration of the foregoing, it is
ORDERED that respondent's Motion to Dismiss for Lack of Jurisdiction is sealed from public view and shall not be inspected by any person or entity not a party to this case, except by an Order of the Court. It is further
ORDERED that, on or before August 14, 2023, respondent shall file a properly redacted copy of his Motion to Dismiss for Lack of Jurisdiction. It is further
ORDERED that the proceedings in this case are stayed pending a ruling by the court of appeals in Kennedy v. Commissioner. It is further
ORDERED respondent's Motion to Dismiss for Lack of Jurisdiction will be held in abeyance. It is further
ORDERED that, although the proceedings in this case are stayed, on or before November 27, 2023, the parties shall file written reports (preferably a joint report) concerning the then-current status of this case.