IN THE SUPREME COURT OF THE VIRGIN ISLANDS OPINION OF ...

SWAN, Associate Justice, concurring.Novelle Watts, Jr. (“Appellant”) appeals the Superior Court’s October 17, 2007Order dismissing this case for failure to prosecute, pursuant to Rule 41 of the FederalRules of Civil Procedure and Rule 7 of the Rules of the Superior Court. On appeal,Appellant importunes this Court to determine whether the trial court abused its discretionwhen it dismissed the case. For the reasons elucidated below, I would reverse the trialcourt’s Order of dismissal and remand the case to the Superior Court for furtherproceedings consistent with this opinion.I. FACTS AND PROCEDURAL HISTORYOn May 28, 2003, Appellant filed a complaint against Two Plus Two, Inc. (“TwoPlus Two”) and Wayne Bell (“Bell”) (or “Appellees” collectively) seeking compensatory,punitive, and other damages for personal injuries sustained in an altercation that occurredon December 29, 2002 outside Two Plus Two’s business establishment. Appellant assertsthat Bell, who was employed by Two Plus Two to perform security duties at the businessestablishment, initiated an unprovoked altercation with Appellant, during which Appellantsustained personal injuries.On June 6, 2003, Two Plus Two filed its answer to Appellant’s complaint. On July23, 2003, Two Plus Two allegedly served upon Appellant a copy of its filing titledDefendant Two Plus Two, Inc.’s Demand for Production of Documents to Plaintiff(“Demand for Production of Documents”). However, Appellant failed to respond to TwoPlus Two’s Demand for Production of Documents. On October 14, 2003, Appellant filed a