Opinion
3607-20
06-11-2021
Luke M. Mashek & Mandi Mashek Petitioners v. Commissioner of Internal Revenue Respondent
ORDER
Alina I. Marshall, Judge
This case is calendared for a remote trial at the session of the Court scheduled to commence on June 14, 2021, for cases in which Denver, Colorado is the place of trial.
On May 10, 2021, respondent filed a motion for continuance. On May 24, 2021, respondent filed a motion to dismiss for failure to properly prosecute. On May 28, 2021, the Court issued an order directing petitioners to file on or before June 7, 2021, a separate response to each respondent's motion for continuance and respondent's motion to dismiss for failure to properly prosecute. As of the date of service of this order, no such responses have been filed.
On June 9, 2021, the Court held a conference call with petitioner Luke M. Mashek and respondent's counsel. During that call, the parties represented that a continuance of this case would be warranted in that additional time would allow the parties an opportunity to meet and discuss documentation in support of petitioners' case.
Upon due consideration of the foregoing, it is
ORDERED that respondent's motion for continuance filed May 10, 2021, is granted and this case is stricken from the Court's June 14, 2021, Denver, Colorado, trial session and is continued generally. It is further
ORDERED that respondent's motion to dismiss for failure to properly prosecute filed May 24, 2021, is denied without prejudice.