Opinion
17834-19 18133-19
09-13-2021
Richard N. Joseph & Mary Anne Joseph, et al., Petitioners, v. Commissioner of Internal Revenue, Respondent
ORDER
Tamara W. Ashford Judge.
These consolidated cases are currently calendared for trial at the Session of the Court commencing on September 13, 2021, in Boston, Massachusetts; the trial session will be conducted remotely. On July 29, 2021, respondent filed a Motion to Dismiss for Failure to Properly Prosecute. By Order served on the parties on July 30, 2021, the Court ordered petitioners to show cause in writing, on or before August 13, 2021, why these cases should not be dismissed for failure to properly prosecute. Upon the Court's inquiry, respondent informed the Court that the parties had settled these cases and that proposed stipulated decisions would be filed with the Court on or before the September 13, 2021, Boston, Massachusetts Trial Session.
On September 9, 2021, the parties filed a Proposed Stipulated Decision in Docket No. 17834-19. In addition, on that same day, the parties attempted to file a Proposed Stipulated Decision in Docket No. 18133-19, but they selected "Proposed Trial Exhibits" for this filing. On September 10, 2021, however, the parties correctly filed a Proposed Stipulated Decision in Docket No. 18133-19. Upon due consideration and for cause, it is hereby
ORDERED that these cases are stricken for trial from the September 13, 2021, Boston, Massachusetts Trial Session of the Court. It is further
ORDERED that the Court's Order to Show Cause, served on the parties on July 30, 2021, is discharged. It is further
ORDERED that respondent's Motion to Dismiss for Failure to Properly Prosecute, filed July 29, 2021, is denied as moot. It is further
ORDERED that the document titled "Proposed Trial Exhibits", filed September 9, 2021, in Docket No. 18133-19, and referenced as docket entry number 44, is stricken from the Court's record.
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