MEMORANDUM OPINION WILMA A. LEWIS , Chief District Judge . THIS MATTER comes before the Court on Defendant Grapetree Shores' "Motion to Dismiss the Plaintiff's Complaint" (Dkt. No. 2); "Plaintiff's Response in Opposition to Defendant's Motion to Dismiss the Plaintiff's Complaint" (Dkt. No. 7); and "Defendant GSI's Reply in Support of its Motion to Dismiss the Plaintiff's Complaint" (Dkt. No. 8). For the reasons discussed below, this matter will be referred to arbitration and the...
ORDER CURTIS V. G MEZ , District Judge . Before the Court is the application of Drue Williams, III ("Williams") to waive his speedy trial. For the reasons stated herein, the time to try this case is extended up to and including February 14, 2017. While the Speedy Trial Act requires that a defendant be tried within seventy days of indictment, the Court specifically finds that extending this period would be in the best interest of justice for several reasons. First, an extension is...
ORDER CURTIS V. G MEZ , District Judge . Before the Court is the motion of Revere High Yield Fund, LP for an Order of Sale of the M/V Mister B. Upon review of the record, and for the reasons outlined by the Court during the September 20, 2016, hearing, it is hereby ORDERED that Revere's Motion Requesting Order for Interlocutory Sale of Vessel and Fixing of Minimum Sale Price is GRANTED ; and it is further ORDERED that the United States Marshal shall immediately set a time, date, and...
ORDER CURTIS V. G MEZ , District Judge . Before the Court is the application of Myteairra Mixon ("Mixon") to waive her speedy trial. For the reasons stated herein, the time to try this case is extended up to and including January 31, 2017. While the Speedy Trial Act requires that a defendant be tried within seventy days of indictment, the Court specifically finds that extending this period would be in the best interest of justice for several reasons. First, an extension is necessary to...
ORDER CURTIS V. GOMEZ , District Judge . The government of the Virgin Islands ("GVI") owns a solid waste landfill in Anguilla, St. Croix (the "Anguilla landfill"). The Anguilla landfill, which was established in 1966, covers 30 acres on St. Croix. The GVI also owns a solid waste landfill in Bovoni, St. Thomas (the "Bovoni landfill"). The Bovoni landfill was established in 1979 and covers 30 acres on St. Thomas. The Virgin Islands Waste Management Authority ("WMA") operates both landfills....
ORDER CURTIS V. G MEZ , District Judge . The Virgin Islands Water and Power Authority ("WAPA") owns and operates facilities that provide water and electricity to the people of St. Thomas and St. John. These facilities have permits as required under the Clean Air Act, 42 U.S.C. 7401 et seq. ("CAA"). The St. Thomas Facility (the "STTF") currently has permits to operate seven oil fired gas turbines. The turbines are used to generate electricity. The St. John Facility consists of a...
MEMORANDUM OPINION WILMA A. LEWIS , Chief District Judge . THIS MATTER comes before the Court on the "Motion for Default Judgment" filed by Plaintiff, Federal National Mortgage Association ("FNMA" or "Plaintiff") on February 18, 2016 against Defendants Laurence A. Searles and Blaine E. Gregg (collectively, "Defendants") in this debt and foreclosure action. (Dkt. No. 16). For the reasons discussed below, the Court will grant Plaintiff's Motion for Default Judgment. I. BACKGROUND On March...
MEMORANDUM OPINION WILMA A. LEWIS , Chief District Judge . THIS MATTER comes before the Court on the "Motion for Summary Judgment" filed by Plaintiff Citimortgage, Inc. ("Citimortgage") against Defendant Judy J. Baumgarten ("Baumgarten"). (Dkt. No. 26). For the reasons discussed below, the Court will grant Citimortgage's Motion. I. BACKGROUND AND PROCEDURAL HISTORY On October 1, 2014, Citimortgage filed a Complaint against Baumgarten and Joe C. Pitts, alleging causes of action for debt...
ORDER CURTIS V. G MEZ , District Judge . Before the Court is the motion of Hollis B Corp, J Quest Corp, and T.K. Sailing d/b/a New Horizons Charters to dismiss the complaint of Salvatore Gerace and Dottie Gerace (collectively the "Geraces") for failure to state a claim. When reviewing a motion to dismiss brought pursuant to Federal Rule of Civil Procedure 12(b)(6), the Court construes the complaint "in the light most favorable to the plaintiff." In re Ins. Brokerage Antitrust Litig. ,...
JUDGMENT CURTIS V. G MEZ , District Judge . Before the Court is the motion of Earl Robert Velger to dismiss this action. For the reasons articulated in the Memorandum Opinion of even date, it is hereby ORDERED that the motion to dismiss is GRANTED; it is further ORDERED that the trial setting in this matter is VACATED; it is further ORDERED that this case shall be DISMISSED without prejudice; and it is further ORDERED that the Clerk of the Court shall CLOSE this case.
MEMORANDUM OPINION CURTIS V. G MEZ , District Judge . Before the Court is the motion of Earl Robert Velger to dismiss this action. FACTUAL AND PROCEDURAL HISTORY In or about August, 2009, Earl Robert Velger ("Velger") was the record owner of an apartment on St. Thomas, United States Virgin Islands described as Apartment Number 4, Building D, Pineapple Village Condominium, Parcel No. 49-1 Estate Frydendahl, No. 4 East End Quarter, St. Thomas, U.S. Virgin Islands. (the "property"). On...
ORDER CURTIS V. G MEZ , District Judge . Before the Court is the motion of Aqua Vac Services, Inc. to enforce a settlement agreement. FACTUAL AND PROCEDURAL HISTORY HOVENSA was an oil refinery operating on St. Croix, United States Virgin Islands. The HOVENSA oil refinery was closed in 2012. At all times relevant to this matter, CEP St. Croix ("CEP")possessed a contract to perform various services and provide equipment to clean tanks at the HOVENSA refinery. 1 CEP in turn entered into...
NOT FOR PUBLICATION OPINION ANNE E. THOMPSON , District Judge . 1 This matter appears before the Court upon the motion for summary judgment brought by Plaintiff Bank of America, NA ("Plaintiff"). (ECF No. 108). Defendants Dawn E. Prosser and Jeffrey J. Prosser ("Defendants") oppose. (ECF No. 115). Defendant James P. Carroll, the Chapter 7 Trustee of Defendant Jeffrey J. Prosser's bankruptcy estate, also opposes. (ECF No. 113). In addition, Defendants Dawn E. Prosser and Jeffrey J....
ORDER CURTIS V. G MEZ , District Judge . Before the Court is the motion of the United States to dismiss the Information charging Terminix International Company Limited Partnership ("Terminix LP") and Terminix International USVI, LLC ("Terminix USVI"). DISCUSSION On March 29, 2016, the United States filed a four count Information charging Terminix LP and Terminix USVI with violating the Federal Insecticide, Fungicide, and Rodenticide Act ("FIFRA"), Title 7, United States Code 136-...
ORDER CURTIS V. G MEZ , District Judge . Before the Court is the motion of the United States to approve a proposed consent decree. The Virgin Islands Water and Power Authority ("WAPA") owns and operates facilities that provide water and electricity to the people of St. Thomas and St. John. These facilities have permits as required under the Clean Air Act ("CAA"). The St. Thomas Facility (the "STTF") currently has permits to operate seven oil fired gas turbines. These turbines are used...
ORDER CURTIS V. G MEZ , District Judge . Before the Court is the motion of Hollis B. Corp. for Entry of an Order Approving Ad Interim Stipulation and Entry of an Order Issuing Monition and Injunction. FACTUAL AND PROCEDURAL HISTORY On October 22, 2014, Salvatore and Dottie Gerace (the "Geraces") were passengers on the New Horizons, a vessel owned and operated by Hollis B. Corp. ("Hollis"), J. Quest Corp., and T.K. Sailing Corp. As the New Horizons was navigating through Pillsbury Sound...
JUDGMENT 1 CURTIS V. G MEZ , District Judge . Before the Court is the motion of Richard Vento and Lana Vento to reconsider the Court's entry of judgment against certain defendants on September 30, 2015. Local Rule of Civil Procedure 7.3 permits motions for reconsideration only where there is: 1. intervening change in controlling law; 2. availability of new evidence; 3. the need to correct clear error or prevent manifest injustice. LRCi 7.3. Such motion "shall be filed within...
ORDER CURTIS V. G MEZ , District Judge . Before the Court is the application of Wayne James ("James") to waive his speedy trial. For the reasons stated herein, the time to try this case is extended up to and including December 31, 2016. While the Speedy Trial Act requires that a defendant be tried within seventy days of indictment, the Court specifically finds that extending this period would be in the best interest of justice for several reasons. First, an extension is necessary to...
MEMORANDUM OPINION WILMA A. LEWIS , Chief District Judge . THIS MATTER comes before the Court on the "Second Amended Motion for Default Judgment" filed by Plaintiff, Federal National Mortgage Association ("FNMA" or "Plaintiff"), on August 17, 2016 against Defendant Randall T. Lake ("Lake"). (Dkt. No. 21). For the reasons discussed below, the Court will grant Plaintiff's Second Amended Motion for Default Judgment. 1 I. BACKGROUND On March 7, 2015, FNMA filed a Complaint against Lake in...
ORDER CURTIS V. G MEZ , District Judge . On May 16, 2016, Jamila Felix was adjudged guilty of money laundering in violation of 18 U.S.C. 1956. The Court currently does not find by "clear and convincing evidence that [she] is not likely to flee or pose a danger to any other person or the community." 18 U.S.C. 3143(a)(2)(B). The premises considered, it is hereby ORDERED that Jamila Felix is hereby REMANDED to the custody of the United States Marshals Service effective September 28,...
