Opinion
4501-20
03-31-2023
CHRISTOPHER MONTERUBIO, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Elizabeth Crewson Paris, Judge
On November 12, 2021, docket entry 10, respondent filed with the Court a Motion to Dismiss for Lack of Prosecution.
On November 24, 2021, docket entry 12, the Court issued an Order to Show Cause directing petitioner, on or before December 10, 2021, to file a response in writing with the Court showing cause why this case should not be dismissed for failure to properly prosecute. Additionally, the Court set the Order to Show Cause for Hearing at the December 13, 2021, Milwaukee, Wisconsin remote Trial Session of the Court.
This case was called for Hearing at the December 13, 2021, Milwaukee, Wisconsin remote Trial Session of the Court and the parties appeared and were heard. By Order dated December 30, 2021, docket entry 20, the Court took respondent's Motion to Dismiss for Lack of Prosecution, filed November 12, 2021, docket entry 10, under advisement and held the Court's Order to Show Cause, filed November 24, 2021, docket entry 12, in abeyance.
On March 6, 2023, docket entry 31, respondent filed a Motion for Leave to File Out of Time Status Report and lodged with it the current Status Report, docket entry 32. The Court, by Order dated March 10, 2023, docket entry 33, filed respondent's Status Report as of the date of that Order.
On March 27, 2023, docket entry 35, the parties filed a Proposed Stipulated Decision document for the Court's review. The Court will accept and enter the parties' Proposed Stipulated Decision.
After due consideration, and for cause, it is
ORDERED that respondent's Motion for Leave to File Out of Time Status Report, filed March 6, 2023, docket entry 31, is granted. It is further
ORDERED that respondent's Motion to Dismiss for Lack of Prosecution, filed November 12, 2021, docket entry 10, is denied as moot. It is further
ORDERED that the Court's Order to Show Cause, filed November 24, 2021, docket entry 12, is hereby discharged.