Opinion
24164-21
11-08-2022
MARCELLAS MARTINEZ SMITH, 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 18, 2022, respondent filed a Motion to Dismiss for Lack of Prosecution. By Order served on the parties on October 20, 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 November 2, 2022, why this case should not be dismissed for lack of prosecution. On November 7, 2022, petitioner contacted the undersigned's chambers requesting a continuance of the case. Upon inquiry by the Court, counsel for respondent stated that she does not oppose the continuance. 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 18, 2022, is taken under advisement. It is further
ORDERED that the parties shall, on or before December 22, 2022, file status reports, separately or jointly, apprising the Court of the then present status of this case.