Opinion
Case No. 3:04 CV 7156.
September 20, 2005
MEMORANDUM DECISION AND ORDER
The parties have consented to have the undersigned Magistrate enter final judgment in this diversity property damage case. For the reasons that follow, the court, sua sponte, dismisses this case for lack of prosecution.
FACTUAL BACKGROUND
This lawsuit seeking monetary damages for plaintiffs' alleged negligent storage of property was filed on 3/29/04. The complaint alleges that defendants' repossessed plaintiffs' vehicle without prior notice and failed to return personal property stored in the vehicle (Docket No. 1, Paragraphs 6-13). Answers were filed by both defendants by 12/28/04. A Case Management Conference, scheduled for 2/10/05 and then continued to 2/23/05, did not actually proceed.
This court was notified by defendants' counsel that plaintiff's counsel had passed away on 2/12/05. On 5/19/05 a letter was sent by regular mail to Plaintiffs Mr. And Mrs. Franklin D. Allen and advised that unless they contact this court, dismissal of their case would occur; however, the letter was returned on 6/3/05. After obtaining a later address for plaintiffs, the court re-sent the same letter on 6/7/05 by certified mail, return receipt requested. On 6/11/05 the green card indicating receipt of certified mail, was signed for by Mrs. Allen on 6/11/05. No response has been forthcoming to date from the plaintiffs.
CONCLUSION
For the foregoing reasons, the court hereby dismisses this case for lack of prosecution pursuant to Fed.R.Civ.P. 41(b).