Opinion
11341-23
06-10-2024
SHANIYA KILLEBREW, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
EMIN TORO JUDGE.
On May 6, 2024, respondent filed a Motion to Dismiss for Failure to Properly Prosecute (Doc. 9). By Order served May 8, 2024, among other things, respondent's Motion was calendared for hearing during the Court's June 3, 2024, New York, New York, trial session.
On June 3, 2024, this case was called during the Court's New York, New York, trial session. Counsel for respondent appeared and was heard. There was no appearance by or on behalf of petitioner. Later on June 3, 2024, Court personnel informally contacted petitioner advising her that her case would be recalled on Tuesday, June 4, 2024. Court personnel learned from both petitioner and respondent's counsel that the parties had reached a basis for settlement. Accordingly, the Court did not recall the case on June 4.
Upon due consideration and for cause more fully appearing in the transcript of the proceedings it is hereby
ORDERED that respondent's Motion to Dismiss for Failure to Properly Prosecute filed May 6, 2024, is denied without prejudice to respondent's right to renew. It is further
ORDERED that, on or before July 3, 2024, the parties shall file with the Court either a joint report (or, if that is not expedient, then separate reports) describing the status of the case or a stipulated decision document. It is further
ORDERED that the undersigned judge retains jurisdiction of this case.