MEMORANDUM OPINION CURTIS V. G MEZ, Chief District Judge. Before the Court is the motion of the plaintiffs, Laura and Brian Torchin, for certification of this Court's August 30, 2012, order, as a final judgment pursuant to Federal Rule of Civil Procedure 54(b). I. FACTUAL AND PROCEDURAL BACKGROUND On or about December 15, 2009, Laura Torchin was a patron at the Havana Blue Restaurant. While at the restaurant, Laura Torchin and her cousin, Carolyn McGrath ("McGrath"), were served...
ORDER CURTIS V. G MEZ, Chief Judge. Before the Court is the motion of the plaintiff/appellee to dismiss for failure to prosecute. The defendant/appellant has submitted no response. I. PROCEDURAL BACKGROUND The appellant, North Shore Real Estate Corporation ("North Shore") filed their notice of appeal in this matter on June 20, 2011. On June 24, 2011, the Clerk of the Court issued a scheduling order (the "Scheduling Order"). The Scheduling Order required the North Shore to file and...
MEMORANDUM OPINION CURTIS v. G MEZ, Chief Judge. Before the Court are motions filed by the defendants to dismiss and for summary judgment. I. FACTUAL AND PROCEDURAL BACKGROUND On or about December 15, 2009, Laura Torchin was a patron at the Havana Blue Restaurant. While at the restaurant, Laura Torchin and her cousin, Carolyn McGrath ("McGrath"), were served alcoholic beverages by Jorge Garcia ("Garcia"). At that time, Garcia was an employee of Blue Shore Grill, LLC, Marriott...
MEMORANDUM OPINION CURTIS V. G MEZ, Chief Judge. Before the Court is the motion of Jad Shalhout for a judgment of acquittal. Saker Shalhout joins in the motion. I. FACTUAL AND PROCEDURAL BACKGROUND On October 7, 2010 the Grand Jury returned an indictment against Jad Shalhout, Saker Shalhout, and Mohannad Abdel-Samad ("Samad"). Thereafter, on January 13, 2011, the Grand Jury returned a superseding indictment against the defendants. Count one charged Jad Shalhout, Saker Shalhout, and...
ORDER RUTH MILLER, Magistrate Judge. Before the Court is defendant Mazda's motion for reconsideration of the Court's August 19, 2011 (ECF 341) Order extending the time for plaintiff to file its submission in relation to the Court's Opinion and Order dated March 9, 2007. Defendant claims it was not afforded an opportunity to respond to the motion, nor were the requirements of Federal Rule of Civil Procedure met with respect to meriting an extension of time. Defendant argues that the Order...
MEMORANDUM OPINION AND ORDER RUTH MILLER, Magistrate Judge. Before the Court is plaintiff's "Motion for Judgment and Attorney Fees" (ECF 343). This motion is one in a continuing string related to an award of sanctions against counsel for defendant, in an amount to be measured by "attorney's fees expended," pursuant to an Opinion and Order entered by the Magistrate Judge on March 9, 2007 (Docket Entry 314). I. Background On March 30, 2006, Voncelle Anthony and Mazda Motor of America, Inc. d/...
MEMORANDUM JOHN E. JONES, III, District Judge. I. INTRODUCTION Before the Court in this action is Respondents' Second Motion to Dismiss Petitioner's Petition for Writ of Error Coram Nobis. (Doc. 49). The Motion has been fully briefed and is therefore ripe for our review. For the reasons articulated herein, the Court will grant the said Motion and the Petition shall be denied. II. PROCEDURAL HISTORY & STATEMENT OF FACTS Petitioner Kevin Hugh Allong ("Mr. Allong" or "Petitioner") was...
ORDER JOHN E. JONES, III, District Judge. In conformity with the Memorandum issued on today's date, it is hereby ORDERED that: 1. Respondents' Second Motion to Dismiss (Doc. 49) is GRANTED. 2. Petitioner's Writ of Error Coram Nobis (Doc. 2) is DENIED. 3. Respondents' First Motion to Dismiss (Doc. 11) is DISMISSED as MOOT. 4. The Clerk shall CLOSE the file on this case.
MEMORANDUM JUAN R. S NCHEZ, Judge. In this turnover action, Stan Springel, the Chapter 11 trustee for the bankruptcy estates of Innovative Communication Corporation (ICC), Emerging Communications, Inc. (ECI), and Innovation Communication Company, LLC (New ICC) (together, the "ICC Debtors"), sought to restore to the estates allegedly fraudulent pre-petition transfers and allegedly unauthorized post-petition transfers made from the ICC Debtors to Defendant Dawn Prosser. 1 Following trial, the...
MEMORANDUM HARVEY BARTLE, III, Judge. Plaintiffs, Alicia V. Barnes, Commissioner of the U.S. Virgin Islands Department of Planning and Natural Resources (the "Commissioner"), and the Government of the Virgin Islands (the "Government") have filed this multi-count environmental lawsuit against defendants who at various times owned portions of an industrial tract in Kingshill, St. Croix on which both an alumina refinery and an oil refinery have operated. They are Century Aluminum Company ("...
MEMORANDUM HARVEY BARTLE, III, Judge. Before the court is the motion of HOVENSA, LLC ("HOVENSA") and Hess Oil Virgin Islands Corporation ("HOVIC") (together, the "Refinery Defendants") for partial summary judgment on Counts I through IV of the first amended complaint. Plaintiffs, Alicia V. Barnes, Commissioner of the U.S. Virgin Islands Department of Planning and Natural Resources (the "Commissioner"), and the Government of the Virgin Islands (the "Government") have filed this multi-count...
MEMORANDUM HARVEY BARTLE, Judge. Before the court is the motion of defendant Lockheed Martin Corporation ("Lockheed") for summary judgment as to certain counts of the first amended complaint. Plaintiffs, Alicia V. Barnes, Commissioner of the U.S. Virgin Islands Department of Planning and Natural Resources (the "Commissioner"), and the Government of the Virgin Islands have filed this multi-count environmental lawsuit against defendants who at various times owned portions of an industrial...
ORDER HARVEY BARTLE, III, Judge. AND NOW, this 24th day of May, 2012, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that the motion of defendant Lockheed Martin Corporation for summary judgment on Counts I through IV and Count VI of the first amended complaint (Doc. #1008) is DENIED.
MEMORANDUM HARVEY BARTLE, Judge. Plaintiff Sara Lynn Doolin alleges that defendant physicians James V. Kasin and Gregory Moorman committed medical malpractice when they misdiagnosed her as having cancer while she was a patient at the Governor Juan F. Luis Hospital and Medical Center ("JFL Hospital") in St. Croix. She initiated this lawsuit on June 28, 2007. Following the filing by defendants of a motion for summary judgment, we dismissed the action on August 19, 2009 on the ground that the...
MEMORANDUM AND ORDER RUTH MILLER, Magistrate Judge. Darwin Carr, as trustee of the Live By Faith Irrevocable Trust (the "Trust") entered into a land contract with Earl Robert Velger on August 18, 2009, for the purchase of an apartment at Pineapple Village Condominiums in St. Thomas, Virgin Islands. On May 3, 2010, Velger brought suit against Darwin Carr, individually and as the trustee of the Trust, for breach of the contract. The Trust 1 filed an answer and counterclaim against Velger (ECF...
MEMORANDUM OPINION AND ORDER 1 RUTH MILLER, United States Magistrate Judge. Before the Court is defendant Dowson Holding Company, Inc.'s Amended Motion for Sanctions (Dismissal with Prejudice) (ECF 133). 2 In its Order dated December 22, 2011, the District Court denied as moot so much of the motion as sought the sanction of dismissal pursuant to the Court's inherent power, because the parties had settled the underlying claims (ECF 152). This Memorandum and Order will address that portion...
MEMORANDUM HARVEY BARTLE, III, District Judge. Before the court is the motion of certain settling parties to approve a consent decree in an environmental action. Plaintiffs, Commissioner of the U.S. Virgin Islands Department of Planning and Natural Resources, Alicia V. Barnes ("the Commissioner"), and the Government of the Virgin Islands (together with the Commissioner, "the Government"), have filed this multi-count environmental lawsuit against entities who at various times owned portions...
ORDER HARVEY BARTLE, III, District Judge. AND NOW, this 13th day of February, 2012, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that the joint motion of the Government of the U.S. Virgin Islands, the Commissioner of the Virgin Islands Department of Planning and Natural Resources, St. Croix Alumina, LLC, Alcoa World Alumina, LLC, and St. Croix Renaissance Group, LLLP for entry of a consent decree is GRANTED.
MEMORANDUM HARVEY BARTLE III, District Judge. Before the court is the motion of plaintiffs, the Government of the Virgin Islands and the Commissioner of the Department of Planning and Natural Resources, to compel defendants Hess Oil Virgin Islands Corporation ("HOVIC") and HOVENSA, LLC ("HOVENSA") to produce the "scientific data and/or recorded observations such as photographs or videotape" generated by two marine biologists retained by these defendants as non-testifying experts. In this...
ORDER HARVEY BARTLE III, Judge. AND NOW, this 1st day of February, 2012, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that: (1) the motion of plaintiffs to compel defendants Hess Oil Virgin Islands Corporation and HOVENSA, LLC to produce marine data (Doc. #988) is DENIED; and (2) the motion of defendants Hess Oil Virgin Islands Corporation and HOVENSA, LLC to file a sur-reply (Doc. #1,000) is DENIED.
