Opinion
10122-21
10-21-2022
PERRY SCOTT, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Elizabeth A. Copeland Judge
This case is calendared for trial at the Court's Trial Session set to commence on October 24, 2022, in Dallas, Texas.
On September 27, 2022, respondent filed with the Court a Motion to Dismiss for Lack of Prosecution. Between September 28, 2022, and October 20, 2022, the Court made several attempts to contact Petitioner by telephone with no success; but was able to leave a message on one occasion. On October 18, 2022, respondent filed a second Motion to Dismiss for Lack of Prosecution. On October 21, 2022, respondent filed with the Court a Status Report informing the Court that he was able to speak with petitioner by telephone, and a basis of settlement had been reached. Respondent requested sixty (60) days in which to submit decision documents.
Upon due consideration, and for cause, it is
ORDERED that respondent's Motion to Dismiss for Lack of Prosecution, filed with the Court on September 27, 2022, is dismissed as moot but without prejudice to refile. It is further
ORDERED that respondent's Motion to Dismiss for Lack of Prosecution, filed with the Court on October 18, 2022, is dismissed as moot but without prejudice to refile. It is further
ORDERED that this case is stricken for trial from the Court's Trial Session set to commence on October 24, 2022, in Dallas, Texas. It is further
ORDERED that, on or before, December 20, 2022, the parties shall file with the Court decision documents, or a joint status report informing the Court of the then-present status of this case. It is further
ORDERED that jurisdiction of this case is retained by this Division of the Court.