Opinion
15581-18
03-20-2023
DESMOND E. MCGUIRE & CORY LYNNE BRAME, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Elizabeth Crewson Paris Judge
This case is calendared for trial at the Court's April 17, 2023, Dallas, Texas Trial Session.
This case is related to the following docketed cases: Desmond McGuire & Cory Lynne Brame, Docket No. 25461-16; Desmond McGuire & Cory Lynne Brame v. Commissioner, Docket No. 22725-17; and Desmond E. McGuire & Cory Lynne Brame v. Commissioner, Docket No. 11882-18.
By Order dated March 13, 2023, docket entry 35, the Court directed the parties, on or before March 20, 2023, to file a Joint Status Report advising the Court as to why these above-mentioned related cases should not be consolidated.
On March 15, 2023, the Court held a telephonic conference with the parties regarding this case and the related docketed cases during which time the parties informed the Court as to the Status of these cases; agreed to continuing these cases with this Division of the Court retaining jurisdiction; and that they would be filing a Joint Motion for Continuance shortly.
On March 16, 2023, docket entry 36, the parties filed with the Court a Joint Motion for Continuance. The parties' Motion indicates that the parties have engaged in some settlement discussions in this case as well as the related cases, and the petitioners are currently evaluating a recent offer of settlement. Furthermore, the petitioners anticipate filing a petition related to tax year 2019 for issues substantially similar to this case and the related cases. Additional time in this case is required so that the petitioners can evaluate the pending settlement offer, and if a settlement is not reached, the parties can complete all informal and/or formal discovery, as well as engage expert services prior to proceeding to trial.
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 the parties' Joint Motion for Continuance, filed March 16, 2023, docket entry 36, is granted, and this case is stricken for trial from the April 17, 2023, Dallas, Texas Trial Session, and this case is continued. It is further
ORDERED that the time within which the parties shall file a Joint Status Report, pursuant to the Court's March 13, 2023, Order at docket entry 35, is extended until June 30, 2023.