Opinion
16403-18
10-19-2021
Thomas D. Golda & Lisa A. Golda Petitioners v. Commissioner of Internal Revenue Respondent
ORDER
Emin Toro, Judge.
This case is currently set for trial during the Court's November 15, 2021, Dallas, Texas, remote trial session. On April 28, 2021, respondent filed a Motion to Dismiss for Lack of Prosecution (Doc. 39). On June 10, 2021, petitioners filed an Opposition to Motion to Dismiss for Lack of Prosecution (Doc. 45).
On June 10, 2021, David S. Gunn, Tami Tucker York, and Robert A. Breazeale, II entered a Limited Entry of Appearance on behalf of petitioners with respect to representation including participation in a hearing on the pending Motion to Dismiss for Lack of Prosecution.
On October 1, 2021, the Court held a conference call with the parties to discuss among other things the current status of the case. The parties reported that they are making progress toward narrowing the issues in dispute.
On October 15, 2021, consistent with the discussions at the October 1, 2021, conference call, petitioners' counsel David S. Gunn, Tami Tucker York, and Robert A. Breazeale, II filed a Motion to Withdraw as Counsel for Petitioners (Pursuant to Limited Entries of Appearance) and to Re-Enroll as Counsel for Petitioners (Pursuant to Unlimited Entries of Appearance) (Doc. 64).
Upon due consideration, it is hereby
ORDERED that respondent's Motion to Dismiss for Lack of Prosecution filed April 28, 2021, is denied without prejudice. It is further
ORDERED that petitioners' counsel David S. Gunn, Tami Tucker York, and Robert A. Breazeale, II's Motion to Withdraw as Counsel for Petitioners (Pursuant to Limited Entries of Appearance) and to Re-Enroll as Counsel for Petitioners (Pursuant to Unlimited Entries of Appearance) is granted in that no later than October 26, 2021, David S. Gunn, Tami Tucker York, and Robert A. Breazeale shall file an entry of appearance if they wish to enter their appearance in this case as counsel for petitioners. It is further
ORDERED that, on or before October 26, 2021, David S. Gunn, Tami Tucker York, and Robert A. Breazeale shall file a notice of completion regarding their limited entry of appearance in this case. It is further
ORDERED that, in addition to regular service, the Clerk of the Court shall serve a copy of this Order on David S. Gunn, Tami Tucker York, and Robert A. Breazeale at the address listed on the Motion to Withdraw as Counsel for Petitioners (Pursuant to Limited Entries of Appearance) and to Re-Enroll as Counsel for Petitioners (Pursuant to Unlimited Entries of Appearance).