MEMORANDUM OPINION WILMA A. LEWIS, Chief District Judge. THIS MATTER came before the Court for a Show Cause Hearing on December 10, 2014. The subject of the hearing was Defendants' Response to an Order entered on November 13, 2014, in which the Court directed Defendants, inter alia, to show cause why they should not be sanctioned for their failure—for the third time this year—to pay the Monitor in this matter in a timely manner. ( See Dkt. No. 866 at 2). The Show Cause Hearing was...
MEMORANDUM OPINION G MEZ , J. Before the Court are the claims alleged by Judith Kromenhoek against the deceased defendants, Alfred Felice ("Felice") and Max Harcourt ("Harcourt"). I. FACTUAL AND PROCEDURAL BACKGROUND Judith Kromenhoek ("Kromenhoek") owns a unit in the Cowpet Bay West Condominium complex ("Cowpet"), a condominium community located on St Thomas, United States Virgin Islands. The Cowpet Bay West Condominium Association ("the Association") was formed under the...
AMENDED MEMORANDUM OPINION 1 CURTIS V. G MEZ, District Judge. Before the Court are four motions for summary judgment filed by: Vincent Verdiramo, Robert Cokayne, Lance Talkington, and the Cowpet Bay West Condominium Association (the "Association") and the Board of the Cowpet Bay West Condominium Association (the "Board") (collectively, the "Defendants"). I. FACTUAL AND PROCEDURAL BACKGROUND Judith Kromenhoek ("Kromenhoek") owns a unit in the Cowpet Bay West Condominium complex ("...
MEMORANDUM OPINION CURTIS V. G MEZ, District Judge. Before the Court are the several motions of the defendants/cross-claim defendants in this matter for total or partial summary judgment. I. FACTUAL AND PROCEDURAL BACKGROUND Great Southern Wood Preserving, Inc. ("GSWP" is an Alabama lumber wholesaler. In addition to selling wood, it also provides chemical and pressure treatments to prevent lumber from decaying. The ostensible purpose of such treatments is to render the lumber safe for...
MEMORANDUM OPINION CURTIS V. G MEZ, District Judge. Before the Court are four motions for summary judgment filed by: Vincent Verdiramo, Robert Cokayne, Lance Talkington, and the Cowpet Bay West Condominium Association (the "Association") and the Board of the Cowpet Bay West Condominium Association (the "Board") (collectively, the "defendants"). I. FACTUAL AND PROCEDURAL BACKGROUND Judith Kromenhoek ("Kromenhoek") owns a unit in the Cowpet Bay West Condominium complex ("Cowpet"), a...
ORDER HARVEY BARTLE, III, District Judge. AND NOW, this 10th day of November, 2014, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that judgment is entered in favor of defendant HOVENSA, LLC and against plaintiffs Jose Illaraza and Luis Illaraza.
MEMORANDUM Bartle , J. In these consolidated civil actions, plaintiffs Jose Illaraza ("Jose") and Luis Illaraza ("Luis"), 1 who are brothers, bring claims against defendant HOVENSA, LLC ("HOVENSA") for wrongful discharge, slander and defamation per se, tortious interference with contractual relationship, abuse of process, malicious prosecution, and intentional or in the alternative negligent infliction of emotional distress. Luis also asserts a claim against HOVENSA for false...
ORDER CURTIS V. G MEZ, District Judge. Before the Court is the renewed motion of the defendant/cross-claim defendant Great Southern Wood Preserving, Inc. to dismiss all claims and cross-claims asserted against it for want of personal jurisdiction. I. FACTUAL AND PROCEDURAL BACKGROUND Great Southern Wood Preserving, Inc ("GSWP") is a lumber wholesaler. It operates principally in Alabama. In addition to selling wood directly, it also provides chemical and pressure treatments to prevent...
MEMORANDUM OPINION CURTIS V. G MEZ, District Judge. Before the Court are the motions of Catered To, Inc. d/b/a Catered To Vacation Homes ("Catered To") and J-Macks Properties, LLC, ("J-Macks") to dismiss this matter. (ECF Nos. 22, 23.) I. FACTUAL AND PROCEDURAL HISTORY In 2011, Amy G. Denero ("Denero") went on vacation to St. John, United States Virgin Islands. She and five others stayed in Avalon Villa, which is owned by Cynthia K. Belden d/b/a Avalon Villa & Retreat Center ("Belden")....
NOT FOR PUBLICATION OPINION SUSAN D. WIGENTON, District Judge. Before this Court are Plaintiffs' appeals of two rulings made by United States Magistrate Judge Ruth Miller ("Judge Miller") in two related matters that have been consolidated for discovery purposes. In one, Plaintiffs appeal Judge Miller's denial of their Motion for Sanctions. (Civ. No. 13-34, Dkt. No. 367.) In the other, Plaintiffs appeal Judge Miller's denial of their Motion for Reconsideration of a previously denied motion. (...
ORDER CURTIS V. G MEZ, District Judge. Before the Court is the motion of third-party defendant Great Southern Wood Preserving, Inc. ("Great Southern") for summary judgment as to the cross-claims asserted by Putnam Lumber and Export Company ("Putnam Lumber"), Putnam Family Properties, Inc. ("Putnam Family"), and Whitecap Investment Corp. d/b/a Paradise Lumber ("Whitecap"). The Court will also address Putnam Family and Putnam Lumber's (the "Putnam Entities") motion to strike and Whitecap's...
ORDER CURTIS V. G MEZ, District Judge. Before the Court is the Magistrate Judge's Report and Recommendation on Putnam Lumber & Export Company ("Putnam Lumber") and Putnam Family Properties, Inc.'s ("Putnam Family") motion for sanctions and Whitecap Investment Corp d/b/a Paradise Lumber's ("Whitecap") motion to strike, to enforce the terms of the settlement agreement, and for sanctions. The Report and Recommendation addresses only the sanctions portion of the latter motion. From in or about...
REPORT AND RECOMMENDATION RUTH MILLER, Magistrate Judge. Before the Court are the motion to strike, to enforce settlement and for sanctions [DE 339] of Whitecap Investment Corp. d/b/a Paradise Lumber ("Whitecap"), and the motion for sanctions [DE 343] of Putnam Lumber & Export Company and Putnam Family Properties, Inc. (collectively, "Putnam"), stemming from defendant Great Southern Wood Preserving, Inc.'s ("Great Southern") motion for summary judgment. 1 [DE 321]. In seeking summary...
MEMORANDUM HARVEY BARTLE III, District Judge. Before this court is the motion of defendant HOVENSA, LLC ("HOVENSA") to strike the notice of appearance of plaintiffs' attorney Lee J. Rohn and for sanctions against her. In these consolidated civil actions, plaintiffs Jose Illaraza and Luis Illaraza, 1 two brothers, have sued defendant HOVENSA for wrongful discharge, slander and defamation per se , tortious interference with contractual relationship, abuse of process, malicious prosecution,...
ORDER CURTIS V. G MEZ, Senior District Judge. Before the Court is the motion of third-party defendant Great Southern Wood Preserving, Inc. ("Great Southern" for summary judgment as to the cross-claims asserted by Putnam Lumber and Export Company ("Putnam Lumber", Putnam Family Properties, Inc. ("Putnam Family", and Whitecap Investment Corp. d/b/a Paradise Lumber ("Whitecap". The Court will also address Putnam Family and Putnam Lumber's (the "Putnam Entities" motion to strike and Whitecap's...
ORDER CURTIS V. G MEZ, District Judge. Before the Court is the motion of Great Southern Wood Preserving, Inc. ("Great Southern") to strike affidavits attached to Putnam Family Properties, Inc. ("Putnam Family") and Putnam Lumber & Export Company's ("Putnam Lumber") opposition to Great Southern's motion for summary judgment. I. FACTUAL AND PROCEDURAL BACKGROUND From in or about 2003 until in or about 2009, Great Southern sold treated lumber and provided lumber-treatment services to...
ORDER CURTIS V. G MEZ, District Judge. Before the Court is the Magistrate Judge's Report and Recommendation on Putnam Lumber & Export Company ("Putnam Lumber") and Putnam Family Properties, Inc.'s ("Putnam Family") motion for sanctions and Whitecap Investment Corp d/b/a Paradise Lumber's ("Whitecap") motion to strike, to enforce the terms of the settlement agreement, and for sanctions. The Report and Recommendation addresses only the sanctions portion of the latter motion. From in or about...
REPORT AND RECOMMENDATION RUTH MILLER, Magistrate Judge. Before the Court are the motion to strike, to enforce settlement and for sanctions [DE 339] of Whitecap Investment Corp. d/b/a Paradise Lumber ("Whitecap"), and the motion for sanctions [DE 343] of Putnam Lumber & Export Company and Putnam Family Properties, Inc. (collectively, "Putnam"), stemming from defendant Great Southern Wood Preserving, Inc.'s ("Great Southern") motion for summary judgment. 1 [DE 321]. In seeking summary...
OPINION SUSAN D. WIGENTON, District Judge. Before this Court are Plaintiffs' appeals of two rulings made by United States Magistrate Judge Ruth Miller ("Judge Miller") in two related matters that have been consolidated for discovery purposes. In one, Plaintiffs appeal Judge Miller's denial of their Motion for Sanctions. (Civ. No. 13-34, Dkt. No. 367.) In the other, Plaintiffs appeal Judge Miller's denial of their Motion for Reconsideration of a previously denied motion. (Civ. No. 13-34, Dkt....
ORDER CURTIS V. G MEZ, District Judge. On February 10, 2014, AMJ, Inc. ("AMJ") filed a notice of appeal from the January 27, 2014, order of the bankruptcy division of this court. That order granted summary judgment in favor of James P. Carroll. Thereafter, on February 11, 2014, the Clerk of the Court issued a scheduling order (the "Scheduling Order"). The Scheduling Order required AMJ to file and serve the designation of record and a statement of issues within 10 days of the date of the...
