Opinion
6746-22L
04-21-2023
TROY B. GRIESE, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Elizabeth Crewson Paris, Judge
This case is calendared for trial at the Court's May 8, 2023, Omaha, Nebraska Trial Session.
On March 7, 2023, docket entry 8, respondent filed with the Court a Motion for Summary Judgment.
By Order dated March 13, 2023, docket entry 9, the Court directed petitioner, on or before April 3, 2023, to file with the Court and serve on respondent a response to respondent's Motion for Summary Judgment filed March 7, 2023, docket entry 8. Further, the Court advised the petitioner that failure to file a response as directed may result in the granting of respondent's Motion or other appropriate action by the Court. To date, petitioner has filed no response or any other document with the Court.
On April 7, 2023, docket entry 10, respondent filed a Motion for Continuance which requests that the Court remove this case from the trial session of the Court scheduled to commence at Omaha, Nebraska, on May 8, 2023, and restore the case to the general trial docket. The Motion indicates that respondent is unaware of whether petitioner objects to the granting of this motion.
The Court has attempted to contact petitioner but was unsuccessful. Therefore, the Court will extend petitioner's due date to file a response to respondent's pending Motion for Summary Judgment; strike this case from the trial session of the Court scheduled to commence at Omaha, Nebraska, on May 8, 2023, and retain jurisdiction.
After due consideration, and for cause, it is
ORDERED that jurisdiction of this case is retained by this Division of the Court until further notice. It is further
ORDERED that respondent's Motion for Continuance, filed April 7, 2023, docket entry 10, is granted in that this case is stricken for trial from the May 8, 2023, Omaha, Nebraska Trial Session, and this case is continued. It is further
ORDERED that, petitioner's response to the Court's Order dated March 13, 2023, docket entry 9, is extended to May 8, 2023, and Petitioner is reminded that he should respond to respondent's Motion for Summary Judgment filed March 7, 2023, docket entry 8, to include information as to the status of his pending request for Audit Reconsideration. It is further
ORDERED that, on or before June 30, 2023, the parties shall submit decision documents or file a Joint Status Report with the Court as to the then-present status of this case.