Opinion
7055-22L
11-08-2022
JULIAN A. MYERS, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Tamara W. Ashford Judge
This case is currently calendared for trial at the Session of the Court commencing on November 14, 2022, in Winston-Salem, North Carolina. On October 6, 2022, respondent filed a Motion to Dismiss for Lack of Prosecution. By Order served on the parties on October 12, 2022, the Court ordered petitioner to (1) contact the chambers of the undersigned as soon as possible for the purpose of scheduling a conference call to discuss respondent's motion and the status of this case and (2) show cause in writing, on or before October 28, 2022, why this case should not be dismissed for lack of prosecution. Petitioner contacted the undersigned's chambers and stated that he had recently moved and provided his current address. On November 7, 2022, the Court held a telephone conference with the parties to discuss the status of this case. Upon due consideration, it is hereby
ORDERED that this case is stricken for trial from the November 14, 2022, Winston-Salem, North Carolina Trial Session of the Court. It is further
ORDERED that jurisdiction of this case is retained by this Division of the Court. It is further
ORDERED that respondent's Motion to Dismiss for Lack of Prosecution, filed October 6, 2022, is taken under advisement. It is further
ORDERED that the parties shall, on or before December 7, 2022, file with the Court, a signed Stipulation of Facts. If no such stipulation of facts is filed by that date, the Court may grant the relief respondent seeks in his Motion to Dismiss for Lack of Prosecution. It is further
ORDERED that the Clerk of the Court shall change petitioner's address of record in this case to the following: 1011 Maltby Street, Charlotte, North Carolina 28217.