Opinion
16714-15
06-10-2021
Willie Lee Kersey, Jr. Petitioner v. Commissioner of Internal Revenue Respondent
ORDER
L. Paige Marvel Judge.
On December 9, 2019, this case was called from the calendar of the Atlanta, Georgia, trial session for hearing on respondent's Motion to Dismiss for Failure to Properly Prosecute, filed November 14, 2019. Both parties appeared and were heard. Petitioner filed a Motion for Continuance and a Motion to Change Place of Trial from Atlanta, Georgia to Jacksonville, Florida. The Court granted petitioner's Motion for Continuance, and this case was stricken from the Court's December 9, 2019, Atlanta, Georgia, trial session, and jurisdiction was retained by the undersigned. Respondent's Motion to Dismiss for Failure to Properly Prosecute and petitioner's Motion to Change Place of Trial was taken under advisement. On March 19, June 16, and September 16, 2020, respondent filed status reports setting forth the current status of this case. On January 22, 2021, respondent was directed to file a response to petitioner's Motion to Change Place of Trial. On February 8, 2021, respondent filed a response of no objection to petitioner's Motion to Change Place of Trial, and on February 16, 2021, the place of trial for this case was changed from Atlanta, Georgia, to Jacksonville, Florida. On March 22, 2021, respondent filed a Motion to Calendar asking the Court to calendar this case for a remote trial at the Court's June 7, 2021, Salt Lake City, Utah Remote Trial Session. On March 26, 2021, petitioner was directed to file a response to respondent's Motion to Calendar by April 16, 2021. On April 13, 2021, petitioner submitted to the Court a document titled Motion to Change Place of Trial and Motion for Continuance. Because the place of trial for this case was changed from Atlanta, Georgia, to Jacksonville, Florida, on February 16, 2021, the Court recharacterized petitioner's document filed April 13, 2021, as petitioner's Response to Respondent's Motion to Calendar. On June 8, 2021, the Court denied respondent's Motion to Calendar.
A review of the record in this case indicates that the parties are not making progress in resolving this case and that a trial in this case may be necessary. Petitioner has been give ample time and opportunity to either settle his case or prepare his case for trial. In addition, this Court has attempted to schedule a conference call with the parties several times without success, primarily because petitioner does not have a telephone. In order to resolve this matter, therefore, the Court will calendar this case for a virtual trial at the October 25, 2021, Philadelphia, Pennsylvania, remote trial session. Upon due consideration and for cause, it is
ORDERED that this case is calendared for a remote trial at the Court's October 25, 2021, Philadelphia, Pennsylvania, trial session as further described in the Notice of Remote Proceeding attached to this Order. It is further
ORDERED that the Clerk of the Court shall serve on the parties: (1) a Notice of Remote Proceeding that shall contain comprehensive instructions on how to participate in the above-referenced remote proceeding (2) a copy of the Standing Pretrial Order for the Court's October 25, 2021, Philadelphia, Pennsylvania remote trial session, and (3) a clinic letter for Philadelphia, Pennsylvania.
This Order constitutes official notice of its contents to the parties.