Opinion
5538-22L
10-31-2022
EDWARD O. YODER, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Alina I. Marshall Judge
This case is calendared for a remote trial at the session of the Court scheduled to commence on November 14, 2022, for cases in which Richmond, Virginia, is the place of trial.
On September 15, 2022, respondent filed a motion for summary judgment. On September 22, 2022, the Court issued an order directing petitioner to file on or before October 20, 2022, a response to respondent's motion for summary judgment. Petitioner has not filed any such response.
On October 24, 2022, respondent filed a motion to extend time to move or file answer in which respondent's requests leave from the Court to file out of time a motion for continuance. Accordingly, the Court will recharacterize respondent's filing appropriately. Furthermore, respondent states that petitioner does not have an objection to the granting of respondent's motion to extend time to move or file answer.
Additionally, on October 24, 2022, respondent filed a motion for continuance, representing therein that petitioner does not have an objection to the granting of respondent's motion.
Upon due consideration of the foregoing, it is
ORDERED that respondent's motion to extend time to move or file answer filed October 24, 2022, is recharacterized as respondent's motion for leave to file out of time motion for continuance. It is further
ORDERED that respondent's motion for leave to file out of time motion for continuance filed October 24, 2022, is granted. It is further
ORDERED that respondent's motion for continuance filed October 24, 2022, is granted in that this case is stricken from the Court's November 14, 2022, Richmond, Virgnia, trial session and is continued. It is further
ORDERED that the time within which petitioner shall file a response to respondent's motion for summary judgment filed September 15, 2022, is extended to and including December 2, 2022. It is further
ORDERED that jurisdiction is retained by the undersigned.