Opinion
8518-21S
03-08-2023
TONY ELLIOT STEWART & ANGIE STEWART, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Diana L. Leyden, Special Trial Judge.
This case is calendared for trial at the March 20, 2023, Columbus, Ohio, remote Trial Session of the Court.
On February 7, 2023, respondent filed a Motion to Dismiss for Failure to Properly Prosecute. Petitioners' views on the granting of the motion were unknown. By order served February 14, 2023, the Court directed petitioners, on or before February 28, 2023, to file a response to respondent's motion to dismiss and provided petitioners the contact information to schedule a conference call.
On February 28, 2023, the Court held a conference call with the parties. Upon due consideration and for cause, it is
ORDERED that respondent's Motion to Dismiss for Failure to Properly Prosecute filed February 7, 2023, is denied. It is further
ORDERED that this case is stricken for trial from the Court's March 20, 2023, Columbus, Ohio, remote Trial Session. Petitioners are not expected to appear at the Zoomgov calendar call on Monday, March 20, 2023. It is further
ORDERED that jurisdiction is retained by the undersigned. It is further
ORDERED that, on or before April 24, 2023, the parties shall submit stipulated decision documents or file a joint status report informing the Court of the then-present status of this case.