Opinion
Civil Action No. 08-cv-00810-WYD-CBS.
July 31, 2008
ORDER
THIS MATTER is before the Court on the Petitioner's Motion to Vacate Hearing and Discharge Order to Show Cause (filed July 25, 2008). The motion asserts that the Internal Revenue Service ("IRS") no longer seeks to enforce its summons in this action and has closed its investigation of Respondent. Accordingly, Petitioner seeks to vacate the hearing in this matter and discharge the Order to Show Cause issued April 23, 2008. The Court, having reviewed the motion and being fully advised in the premises,
ORDERS that Petitioner's Motion to Vacate Hearing and Discharge Order to Show Cause is GRANTED. The hearing scheduled in this matter for Friday, August 8, 2008, at 4:30 p.m., in courtroom A-1002, is VACATED, and the Court's Order to Show Cause filed April 23, 2008, is DISCHARGED. It is
FURTHER ORDERED that since the IRS no longer seeks to enforce its summons in this matter pursuant to its Petition to Seek Internal Revenue Summons, the pleading which initiated the opening of the matter, this case is DISMISSED WITHOUT PREJUDICE.