NOT FOR PUBLICATION ORDER ANNE E. THOMPSON , District Judge . 1 For the reasons stated in the opinion issued this same day, IT IS, on this 8 th day of December, 2015 ORDERED that the motion for attorneys' fees and costs of Defendants Fluor Corporation, Fluor Enterprises, Inc., Plant Performances Services, LLC, and Plant Performance Services International, Ltd. (ECF Nos. 931, 933, 934, 935, 936) is DENIED without prejudice. FootNotes 1. The Hon. Anne E. Thompson, United States...
NOT FOR PUBLICATION OPINION ANNE E. THOMPSON , District Judge . 1 This matter comes before the Court upon the motion of Defendants Fluor Corporation ("Fluor"), Fluor Enterprises, Inc. ("FEI"), Plant Performances Services, LLC ("P2S"), and Plant Performance Services International, Ltd. ("PPSI") (collectively "Defendants") for attorneys' fees and costs against Plaintiffs Juan Mendez, Shawn Smith, Michael Bynoe, and Jose Gonzalez (collectively "Plaintiffs") under Federal Rule of Civil...
MEMORANDUM OPINION WILMA A. LEWIS , Chief District Judge . THIS MATTER comes before the Court on the Motion for Summary Judgment (the "Motion") filed on October 10, 2014 by Defendant Diane D. Ross a/k/a Diane J. Ross a/k/a Diane Ross ("Ross") against Defendant Harold Hodge ("Hodge"). (Dkt. No. 59). The Motion was filed in connection with Ross' Crossclaim against Hodge. Also before the Court is Hodge's Response to Ross' Motion, which included a request for summary judgment in Hodge's favor...
MEMORANDUM OPINION AND ORDER RUTH MILLER , Magistrate Judge . Before the Court is plaintiff's motion to amend [DE 22] pursuant to Rule 15(a)(2) of the Federal Rules of Civil Procedure and Rule 15.1 of the Local Rules of Civil Procedure of the District Court of the Virgin Islands. Defendant filed a response and plaintiff replied. [DEs 27, 29]. Plaintiff seeks leave to add Ryan Vachon, Mark Bostrom, Heather Richards, Julie Cox and Jamie Anderson as defendants, and to amend certain factual...
ORDER WILMA A. LEWIS , Chief District Judge . THIS MATTER comes before the Court on Plaintiff's "Motion to Strike Defendant PCGNY Corp.'s Reply in Support of its Motion for Sanctions, or in the Alternative, for Leave to File Sur-Reply" (Dkt. No. 58); Plaintiff's "Notice of Withdrawal of Section I of Plaintiff's Motion to Strike Defendant PCGNY Corp.'s Reply in Support of its Motion for Sanctions" (Dkt. No. 63); and Defendant PCGNY Corp.'s "Opposition to Plaintiff's Motion for Leave to...
MEMORANDUM OPINION AND ORDER WILMA A. LEWIS , Chief Judge . THIS MATTER comes before the Court on a "Motion to Intervene," filed by Ronald E. Gillette (Dkt. No. 811), Defendants' Opposition thereto (Dkt. No. 827), Gillette's Reply (Dkt. No. 832), and Gillette's "Notice of Supplemental Authority" (Dkt. No. 886). In his Motion, Gillette requests permissive intervention in this action, pursuant to Rule 24(b) of the Federal Rules of Civil Procedure, for the limited purpose of seeking to...
MEMORANDUM OPINION RUTH MILLER , Magistrate Judge . This admiralty action arises out of injuries plaintiff suffered during a May 19, 2012 boating excursion when the boat captain threw an object at and struck plaintiff in the head ("the May 2012 incident"). A bench trial was held on February 24, 2015 and February 25, 2015. 1 Following the trial the parties submitted proposed findings of fact and conclusions of law to the Court. [DEs243, 248]. The Court, having fully considered the...
ORDER RUTH MILLER , Magistrate Judge . Before the Court is plaintiff Greg Hargus' motion for sanctions for failure to attend mediation. [DE 131]. Defendants oppose the motion. [DE 134]. This admiralty action arises out of injuries plaintiff suffered during a May 19, 2012 boating excursion when the boat captain threw an object at and struck plaintiff in the head. Plaintiff brought an action against the vessel used in the boating trip (the M/V One Love), the captain of the vessel (Kyle...
MEMORANDUM JUAN R. S NCHEZ , District Judge . Attorneys Terri Griffiths and Lee Rohn, on behalf of Plaintiffs Virgin Islands Taxi Association (VITA) and sixty-seven individual taxi drivers, initiated this action against Defendants V.I. Port Authority (VIPA), Virgin Islands Economic Development Authority, Virgin Islands Economic Development Commission, six VITA board members, attorney for the board Clive Rivers, and various Virgin Islands hotels, villas, and tour operators. The case was...
ORDER CURTIS V. G MEZ , District Judge . Before the Court is the motion of the defendant Bonneville Group Virgin Islands Corp. for summary judgment. I. FACTUAL AND PROCEDURAL HISTORY As this order is written primarily for the parties, who are familiar with the facts underlying this litigation, the Court will only recite those facts necessary to disposition of the instant motion. On September 26, 2014, Harold Figueroa and Jose Figueroa (collectively the "Figueroas") filed a...
ORDER CURTIS V. G MEZ , District Judge . Before the Court is a motion of Ikim Blackett ("Blackett) entitled "Defendant's-Petitioner's Opposition to Attorney Sheesley's Fraud-Upon-The Court Set Forth Under Penalty of Perjury in Accord with 28 U.S.C. Section 1746." Also before the Court is Blackett's motion for reconsideration. I. FACTUAL AND PROCEDURAL HISTORY On May 24, 2010, on St. Thomas, U.S. Virgin Islands, a criminal trial in United States v. Fagan, et al., began in the...
MEMORANDUM OPINION CURTIS V. G MEZ , District Judge . This memorandum opinion memorializes the judgment of the Court issued on December 19, 2014, following a hearing on the motion of Ikim Blackett ("Blackett) to vacate his sentence pursuant to 28 U.S.C. 2255. I. FACTUAL AND PROCEDURAL HISTORY On May 24, 2010, on St. Thomas, U.S. Virgin Islands, a criminal trial in United States v. Fagan, et al. , Crim. No. 2006-08, began in the district court (the "underlying case" or "Redball II"...
ORDER RUTH MILLER , Magistrate Judge . Before the Court is the plaintiff Joel H. Finley's motion [DE 44] for reconsideration of the Court's April 1, 2015 Memorandum Opinion and Order ("April Order") [DE 40]. 1 Defendant Gary D. Mole opposes the motion. [DE 45]. I. APPLICABLE LAW Local Rule of Civil Procedure 7.3 permits motions for reconsideration 2 only where there is: (1) intervening change in controlling law; (2) availability of new evidence; and (3) the need to correct clear error...
MEMORANDUM OPINION AND ORDER WILMA A. LEWIS , Chief District Judge . THIS MATTER comes before the Court on Appellant Jeffrey J. Prosser's Motion to Disqualify, wherein Mr. Prosser seeks to disqualify the attorneys that represent the Chapter 7 Trustee in this matter (Dkt. No. 26); the Trustee's Response (Dkt. No. 32); Mr. Prosser's Reply (Dkt. No. 34); and the Trustee's Supplement (Dkt. No. 46-1). For the reasons discussed below, the Court will deny the Motion. I. BACKGROUND In his...
MEMORANDUM OPINION WILMA A. LEWIS , Chief District Judge . THIS MATTER comes before the Court on Plaintiff's Motion to Transfer the action to the U.S. District Court for the Southern District of Florida. (Dkt. No. 97). For the reasons discussed below, the Court will deny the Motion and dismiss Plaintiff's Complaint. I. BACKGROUND Plaintiff Troy Francis filed a Complaint on April 28, 2010 in this strict liability and negligence action. (Dkt. No. 1). Defendant Bridgestone Corporation ("...
MEMORANDUM HARVEY BARTLE, III , District Judge . Plaintiff Keziah Prince ("Prince") has sued defendant Sterling Bridge, LLC ("Sterling Bridge") for negligence in removing mold at Prince's place of employment. Prince claims to have suffered respiratory injury and other damages because Sterling Bridge allowed her to be exposed to harmful chemicals in the area where the eradication was taking place. Prince initiated the action in the Superior Court of the Virgin Islands, and Sterling Bridge...
ORDER HARVEY BARTLE, III , District Judge . AND NOW, this 1st day of July, 2015, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that (1) the motion of plaintiff Keziah Prince to remand for lack of subject-matter jurisdiction (Doc. # 29) is GRANTED; and (2) the action is REMANDED to the Superior Court of the Virgin Islands, Division of St. Croix.
MEMORANDUM OPINION and ORDER JOHN McBRYDE , District Judge . Came on for consideration in the above-captioned action the complaint of plaintiff, C.C. individually, by and through his next friends, Charles Cripps and Kristie Cripps, seeking vacatur of the findings, decisions, and rulings made in the underlying Due Process Hearing by a Special Education Hearing Officer ("SEHO"), and rendition of judgment in favor of plaintiff as to the issues presented in that hearing. Having considered the...
JUDGMENT AND ORDER WILMA A. LEWIS , Chief District Judge . UPON CONSIDERATION of the "Motion for Summary Judgment" filed by Plaintiff Bank of Nova Scotia ("Scotiabank") against Defendant Diane D. Ross a/k/a Diane J. Ross a/k/a Diane Ross ("Ross") (Dkt. No. 24); the Court's Memorandum Opinion and Order dated October 12, 2012 (Dkt. Nos. 41, 42); the Court's Memorandum Opinion and Order dated September 26, 2014 (Dkt. Nos. 55, 56); the Joint Submission Pursuant to February 27, 2015 Order (...
MEMORANDUM OPINION WILMA A. LEWIS , District Judge . THIS MATTER comes before the Court on the "Joint Submission Pursuant to February 27, 2015 Order" filed on March 9, 2015 by Plaintiff Bank of Nova Scotia ("Scotiabank" or the "Bank") and Defendant Diane D. Ross a/k/a Diane J. Ross a/k/a Diane Ross ("Ross") (Dkt. No. 69), the "Plaintiff's Response to Joint Submission" filed on March 20, 2015 (Dkt. No. 70), and the supplemental Affidavit of Adonis Morton filed by Scotiabank on May 15, 2015...
