Nelson v. Repossessors, Inc. et al

Filing 91

ORDER GRANTING MOTION TO DISMISS 83 . (Written Opinion) Signed by Judge Wilhelmina M. Wright on 6/21/2019. (RJE)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Kurk Matthew Nelson,

Case No. 17-cv-3727 (WMW/SER)

Plaintiff,
v.
Repossessors, Inc.; Consumer Portfolio
Services, Inc.; and Chase Towing &
Transport, Inc.,
Defendants.

ORDER GRANTING MOTION TO
DISMISS

Consumer Portfolio Services, Inc.,
Counter Claimant,
v.
Professional Recovery & Collection
Services and Kurk Matthew Nelson,
Counter Defendants.

Chase Towing & Transport, Inc.; Consumer
Portfolio Services, Inc.; and Repossessors,
Inc.,
Third-Party Plaintiffs,
v.
Professional
Services,

Recovery

&

Collection

Third-Party Defendant.

Before the Court is the joint motion of Defendants Repossessors, Inc.; Chase
Towing & Transport, Inc.; and Consumer Portfolio Services, Inc.; to dismiss with prejudice

the complaint of Plaintiff Kurk Matthew Nelson for failure to prosecute. See Fed. R. Civ.
P. 41(b).
Nelson has not communicated with the Court or any party or counsel in this case in
nearly a year. Because Nelson’s counsel had been unable to communicate with Nelson
since July 2018 despite multiple attempts to do so, United States Magistrate Judge Steven
E. Rau granted the motion of Nelson’s counsel to withdraw representation without
substitution on January 3, 2019. The Court may dismiss an action under Federal Rule of
Civil Procedure 41(b) because of a plaintiff’s failure to prosecute.

Henderson v.

Renaissance Grand Hotel, 267 F. App’x 496, 497 (8th Cir. 2008) (per curiam). In light of
the circumstances presented, the Court concludes that Nelson has abandoned this action.
Based on the foregoing analysis and all the files, records and proceedings herein, IT
IS HEREBY ORDERED that Defendants’ motion to dismiss, (Dkt. 83), is GRANTED
and Plaintiff Kurk Matthew Nelson’s complaint, (Dkt. 1), is DISMISSED WITHOUT
PREJUDICE for failure to prosecute.
LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: June 21, 2019

s/Wilhelmina M. Wright
Wilhelmina M. Wright
United States District Judge

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