Crest Financial Group, LLC v. T.K. Properties, Inc.
DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX 5 CREST FINANCIAL GROUP, L.L.C., 5 5 Plaintiff, 5 2005-CV-0138 v. 5 5 T.K. PROPERTIES, INC., JUNE, 5 KLINDWORTH, J. TODD KLINDWORTH, 5 B. JOHN KLINDWORTH, 5 5 Defendants. 5 __________________________________________5 TO: Crest Financial Group, L.L.C. c/o John A. Wittek 2174 North Snelling Avenue Roseville, MN 55113 Joshua Tate, Esq. ORDER OF DISMISSAL THIS MATTER came before the Court the Court’s Order to Show Cause (Docket No. 61) directing Plaintiff to show cause, by May 31, 2007, why this matter should not be dismissed for failure to prosecute. The record is void of any such showing by Plaintiff. Although Fed. R. Civ. P. 41(b) does not specifically provide for dismissal upon the Court’s own motion, it is undisputed that the Court has inherent authority to do so. See, e.g., Link v. Wabash R. Co., 370 U.S. 626, Case: 1:05-cv-00138-RLF-GWC Document #: 62 Filed: 07/03/07 Page 1 of 2 Crest Financial Group, LLC v. T.K. Properties, Inc. 2005-CV-0138 Order of Dismissal 629-31 (1962). …
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DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX 5 CREST FINANCIAL GROUP, L.L.C., 5 5 Plaintiff, 5 2005-CV-0138 v. 5 5 T.K. PROPERTIES, INC., JUNE, 5 KLINDWORTH, J. TODD KLINDWORTH, 5 B. JOHN KLINDWORTH, 5 5 Defendants. 5 __________________________________________5 TO: Crest Financial Group, L.L.C. c/o John A. Wittek 2174 North Snelling Avenue Roseville, MN 55113 Joshua Tate, Esq. ORDER OF DISMISSAL THIS MATTER came before the Court the Court’s Order to Show Cause (Docket No. 61) directing Plaintiff to show cause, by May 31, 2007, why this matter should not be dismissed for failure to prosecute. The record is void of any such showing by Plaintiff. Although Fed. R. Civ. P. 41(b) does not specifically provide for dismissal upon the Court’s own motion, it is undisputed that the Court has inherent authority to do so. See, e.g., Link v. Wabash R. Co., 370 U.S. 626, Case: 1:05-cv-00138-RLF-GWC Document #: 62 Filed: 07/03/07 Page 1 of 2 Crest Financial Group, LLC v. T.K. Properties, Inc. 2005-CV-0138 Order of Dismissal 629-31 (1962). Accordingly, the Court finds that this matter should be dismissed for Plaintiff’s failure to prosecute. WHEREFORE, it is now hereby ORDERED that the above-captioned matter is DISMISSED WITHOUT PREJUDICE. ENTER: Dated: July 3, 2007 /s/ GEORGE W. CANNON, JR. U.S. MAGISTRATE JUDGE Case: 1:05-cv-00138-RLF-GWC Document #: 62 Filed: 07/03/07 Page 2 of 2